II 

116TH CONGRESS 

1ST SESSION S. 949 

To expand Americans’ access to the ballot box, reduce the influence of 

big money in politics, and strengthen ethics rules for public servants, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 28, 2019 

Mr. UDALL (for himself, Mr. MERKLEY, Ms. KLOBUCHAR, Mr. SCHUMER, Mr. 

LEAHY, Mr. DURBIN, Mr. CARDIN, Mr. WYDEN, Ms. BALDWIN, Mr. VAN

HOLLEN, Mr. COONS, Mr. MARKEY, Mr. BLUMENTHAL, Mr. HEINRICH, 

Mr. KAINE, Ms. HIRONO, Mr. SANDERS, Mr. SCHATZ, Mrs. GILLIBRAND, 

Ms. HARRIS, Mr. BROWN, Mr. BENNET, Ms. WARREN, Ms. SMITH, Mrs. 

FEINSTEIN, Mr. CARPER, Mr. KING, Mr. CASEY, Ms. CORTEZ MASTO, 

Mr. WHITEHOUSE, Mr. TESTER, Mr. BOOKER, Ms. STABENOW, Ms. 

DUCKWORTH, Mr. MURPHY, Mrs. SHAHEEN, Ms. HASSAN, Mr. PETERS, 

Ms. ROSEN, Mr. MENENDEZ, Mrs. MURRAY, Mr. JONES, Mr. REED, Mr. 

MANCHIN, and Ms. CANTWELL) introduced the following bill; which was 

read twice and referred to the Committee on Finance 

A BILL 

To expand Americans’ access to the ballot box, reduce the 

influence of big money in politics, and strengthen ethics 

rules for public servants, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘For the People Act 

5 of 2019’’. 


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1 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 

2 CONTENTS. 

3 (a) DIVISIONS.—This Act is organized into 3 divi4 sions as follows: 

5 (1) Division A—Voting. 

6 (2) Division B—Campaign Finance. 

7 (3) Division C—Ethics. 

8 (b) TABLE OF CONTENTS.—The table of contents of 

9 this Act is as follows: 

10

Sec. 1. Short title. 

Sec. 2. Organization of Act into divisions; table of contents. 

DIVISION A—ELECTION ACCESS 

TITLE I—ELECTION ACCESS 

Sec. 1000. Short title; statement of policy. 

Subtitle A—Voter Registration Modernization 

Sec. 1000A. Short title. 

PART 1—PROMOTING INTERNET REGISTRATION

Sec. 1001. Requiring availability of internet for voter registration. 

Sec. 1002. Use of internet to update registration information. 

Sec. 1003. Provision of election information by electronic mail to individuals 

registered to vote. 

Sec. 1004. Clarification of requirement regarding necessary information to 

show eligibility to vote. 

Sec. 1005. Effective date. 

PART 2—AUTOMATIC VOTER REGISTRATION

Sec. 1011. Short title; findings and purpose. 

Sec. 1012. Automatic registration of eligible individuals. 

Sec. 1013. Contributing agency assistance in registration. 

Sec. 1014. One-time contributing agency assistance in registration of eligible 

voters in existing records. 

Sec. 1015. Voter protection and security in automatic registration. 

Sec. 1016. Registration portability and correction. 

Sec. 1017. Payments and grants. 

Sec. 1018. Treatment of exempt States. 

Sec. 1019. Miscellaneous provisions. 

Sec. 1020. Definitions. 


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Sec. 1021. Effective date. 

PART 3—SAME DAY VOTER REGISTRATION

Sec. 1031. Same day registration. 

PART 4—CONDITIONS ON REMOVAL ON BASIS OF INTERSTATE CROSSCHECKS

Sec. 1041. Conditions on removal of registrants from official list of eligible voters on basis of interstate cross-checks. 

PART 5—OTHER INITIATIVES TO PROMOTE VOTER REGISTRATION

Sec. 1051. Annual reports on voter registration statistics. 

Sec. 1052. Ensuring pre-election registration deadlines are consistent with timing of legal public holidays. 

Sec. 1053. Use of Postal Service hard copy change of address form to remind 

individuals to update voter registration. 

Sec. 1054. Grants to States for activities to encourage involvement of minors 

in election activities. 

PART 6—AVAILABILITY OF HAVA REQUIREMENTS PAYMENTS

Sec. 1061. Availability of requirements payments under HAVA to cover costs 

of compliance with new requirements. 

PART 7—PROHIBITING INTERFERENCE WITH VOTER REGISTRATION

Sec. 1071. Prohibiting hindering, interfering with, or preventing voter registration. 

Sec. 1072. Establishment of best practices. 

PART 8—VOTER REGISTRATION EFFICIENCY ACT

Sec. 1081. Short title. 

Sec. 1082. Requiring applicants for motor vehicle driver’s licenses in new State 

to indicate whether State serves as residence for voter registration purposes. 

PART 9—PROVIDING VOTER REGISTRATION INFORMATION TO SECONDARY

SCHOOL STUDENTS

Sec. 1091. Pilot program for providing voter registration information to secondary school students prior to graduation. 

Sec. 1092. Reports. 

Sec. 1093. Authorization of appropriations. 

PART 10—VOTER REGISTRATION OF MINORS

Sec. 1094. Acceptance of voter registration applications from individuals under 

18 years of age. 

Subtitle B—Access to Voting for Individuals With Disabilities 

Sec. 1101. Requirements for States to promote access to voter registration and 

voting for individuals with disabilities. 

Sec. 1102. Expansion and reauthorization of grant program to assure voting 

access for individuals with disabilities. 


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Sec. 1103. Pilot programs for enabling individuals with disabilities to register 

to vote privately and independently at residences. 

Sec. 1104. GAO analysis and report on voting access for individuals with disabilities. 

Subtitle C—Prohibiting Voter Caging 

Sec. 1201. Voter caging and other questionable challenges prohibited. 

Sec. 1202. Development and adoption of best practices for preventing voter 

caging. 

Subtitle D—Prohibiting Deceptive Practices and Preventing Voter 

Intimidation 

Sec. 1301. Short title. 

Sec. 1302. Prohibition on deceptive practices in Federal elections. 

Sec. 1303. Corrective action. 

Sec. 1304. Reports to Congress. 

Subtitle E—Democracy Restoration 

Sec. 1401. Short title. 

Sec. 1402. Rights of citizens. 

Sec. 1403. Enforcement. 

Sec. 1404. Notification of restoration of voting rights. 

Sec. 1405. Definitions. 

Sec. 1406. Relation to other laws. 

Sec. 1407. Federal prison funds. 

Sec. 1408. Effective date. 

Subtitle F—Promoting Accuracy, Integrity, and Security Through VoterVerified Permanent Paper Ballot 

Sec. 1501. Short title. 

Sec. 1502. Paper ballot and manual counting requirements. 

Sec. 1503. Accessibility and ballot verification for individuals with disabilities. 

Sec. 1504. Durability and readability requirements for ballots. 

Sec. 1505. Paper ballots required to be printed on recycled paper. 

Sec. 1506. Study and report on optimal ballot design. 

Sec. 1507. Paper ballot printing requirements. 

Sec. 1508. Effective date for new requirements. 

Subtitle G—Provisional Ballots 

Sec. 1601. Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards. 

Subtitle H—Early Voting 

Sec. 1611. Early voting. 

Subtitle I—Voting by Mail 

Sec. 1621. Voting by mail. 

Subtitle J—Absent Uniformed Services Voters and Overseas Voters 

Sec. 1701. Pre-election reports on availability and transmission of absentee ballots. 


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Sec. 1702. Enforcement. 

Sec. 1703. Revisions to 45-day absentee ballot transmission rule. 

Sec. 1704. Use of single absentee ballot application for subsequent elections. 

Sec. 1705. Extending guarantee of residency for voting purposes to family 

members of absent military personnel. 

Sec. 1706. Effective date. 

Subtitle K—Poll Worker Recruitment and Training 

Sec. 1801. Grants to States for poll worker recruitment and training. 

Sec. 1802. State defined. 

Subtitle L—Enhancement of Enforcement 

Sec. 1811. Enhancement of enforcement of Help America Vote Act of 2002. 

Subtitle M—Federal Election Integrity 

Sec. 1821. Prohibition on campaign activities by chief State election administration officials. 

Subtitle N—Promoting Voter Access Through Election Administration 

Improvements 

PART 1—PROMOTING VOTER ACCESS

Sec. 1901. Treatment of institutions of higher education. 

Sec. 1902. Minimum notification requirements for voters affected by polling 

place changes. 

Sec. 1903. Permitting use of sworn written statement to meet identification requirements for voting. 

Sec. 1904. Postage-free ballots. 

Sec. 1905. Reimbursement for costs incurred by States in establishing program 

to track and confirm receipt of absentee ballots. 

Sec. 1906. Voter information response systems and hotline. 

Sec. 1907. Limiting variations on number of hours of operation for polling 

places within a State. 

PART 2—IMPROVEMENTS IN OPERATION OF ELECTION ASSISTANCE

COMMISSION

Sec. 1911. Reauthorization of Election Assistance Commission. 

Sec. 1912. Requiring States to participate in post-general election surveys. 

Sec. 1913. Reports by National Institute of Standards and Technology on use 

of funds transferred from Election Assistance Commission. 

Sec. 1914. Recommendations to improve operations of Election Assistance 

Commission. 

Sec. 1915. Repeal of exemption of Election Assistance Commission from certain 

government contracting requirements. 

PART 3—MISCELLANEOUS PROVISIONS

Sec. 1921. Application of laws to Commonwealth of the Northern Mariana Islands. 

Sec. 1922. No effect on other laws. 

Subtitle O—Severability 

Sec. 1931. Severability. 


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TITLE II—ELECTION INTEGRITY 

Subtitle A—Findings Reaffirming the Commitment of Congress To Restore 

the Voting Rights Act of 1965 

Sec. 2001. Findings reaffirming the commitment of Congress to restore the 

Voting Rights Act of 1965. 

Subtitle B—Findings Relating to Native American Voting Rights 

Sec. 2101. Findings relating to Native American voting rights. 

Subtitle C—Findings Relating to District of Columbia Statehood 

Sec. 2201. Findings relating to District of Columbia statehood. 

Subtitle D—Territorial Voting Rights 

Sec. 2301. Findings relating to territorial voting rights. 

Sec. 2302. Congressional Task Force on Voting Rights of United States Citizen 

Residents of Territories of the United States. 

Subtitle E—Redistricting Reform 

Sec. 2400. Short title; finding of constitutional authority. 

PART 1—REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING

Sec. 2401. Requiring congressional redistricting to be conducted through plan 

of independent State commission. 

Sec. 2402. Ban on mid-decade redistricting. 

PART 2—INDEPENDENT REDISTRICTING COMMISSIONS

Sec. 2411. Independent redistricting commission. 

Sec. 2412. Establishment of selection pool of individuals eligible to serve as 

members of commission. 

Sec. 2413. Criteria for redistricting plan by independent commission; public notice and input. 

Sec. 2414. Establishment of related entities. 

Sec. 2415. Report on diversity of memberships of independent redistricting 

commissions. 

PART 3—ROLE OF COURTS IN DEVELOPMENT OF REDISTRICTING PLANS

Sec. 2421. Enactment of plan developed by 3-judge court. 

Sec. 2422. Special rule for redistricting conducted under order of Federal 

court. 

PART 4—ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

Sec. 2431. Payments to States for carrying out redistricting. 

Sec. 2432. Civil enforcement. 

Sec. 2433. State apportionment notice defined. 

Sec. 2434. No effect on elections for State and local office. 

Sec. 2435. Effective date. 

Subtitle F—Saving Eligible Voters From Voter Purging 

Sec. 2501. Short title. 


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Sec. 2502. Conditions for removal of voters from list of registered voters. 

Subtitle G—No Effect on Authority of States To Provide Greater 

Opportunities for Voting 

Sec. 2601. No effect on authority of States to provide greater opportunities for 

voting. 

Subtitle H—Residence of Incarcerated Individuals 

Sec. 2701. Residence of incarcerated individuals. 

Subtitle I—Severability 

Sec. 2801. Severability. 

TITLE III—ELECTION SECURITY 

Sec. 3000. Short title; sense of Congress. 

Subtitle A—Financial Support for Election Infrastructure 

PART 1—VOTING SYSTEM SECURITY IMPROVEMENT GRANTS

Sec. 3001. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements. 

Sec. 3002. Coordination of voting system security activities with use of requirements payments and election administration requirements 

under Help America Vote Act of 2002. 

Sec. 3003. Incorporation of definitions. 

PART 2—GRANTS FOR RISK-LIMITING AUDITS OF RESULTS OF ELECTIONS

Sec. 3011. Grants to States for conducting risk-limiting audits of results of 

elections. 

Sec. 3012. GAO analysis of effects of audits. 

PART 3—ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM

Sec. 3021. Election infrastructure innovation grant program. 

Subtitle B—Security Measures 

Sec. 3101. Election infrastructure designation. 

Sec. 3102. Timely threat information. 

Sec. 3103. Security clearance assistance for election officials. 

Sec. 3104. Security risk and vulnerability assessments. 

Sec. 3105. Annual reports. 

Sec. 3106. Pre-election threat assessments. 

Subtitle C—Enhancing Protections for United States Democratic Institutions 

Sec. 3201. National strategy to protect United States democratic institutions. 

Sec. 3202. National Commission To Protect United States Democratic Institutions. 

Subtitle D—Promoting Cybersecurity Through Improvements in Election 

Administration 


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Sec. 3301. Testing of existing voting systems to ensure compliance with election 

cybersecurity guidelines and other guidelines. 

Sec. 3302. Treatment of electronic poll books as part of voting systems. 

Sec. 3303. Pre-election reports on voting system usage. 

Sec. 3304. Streamlining collection of election information. 

Subtitle E—Preventing Election Hacking 

Sec. 3401. Short title. 

Sec. 3402. Election Security Bug Bounty Program. 

Sec. 3403. Definitions. 

Subtitle F—Election Security Grants Advisory Committee 

Sec. 3501. Establishment of advisory committee. 

Subtitle G—Miscellaneous Provisions 

Sec. 3601. Definitions. 

Sec. 3602. Initial report on adequacy of resources available for implementation. 

Subtitle H—Use of Voting Machines Manufactured in the United States 

Sec. 3701. Use of voting machines manufactured in the United States. 

Subtitle I—Severability 

Sec. 3801. Severability. 

DIVISION B—CAMPAIGN FINANCE 

TITLE IV—CAMPAIGN FINANCE TRANSPARENCY 

Subtitle A—Findings Relating to Illicit Money Undermining Our Democracy 

Sec. 4001. Findings relating to illicit money undermining our democracy. 

Subtitle B—DISCLOSE Act 

Sec. 4100. Short title. 

PART 1—REGULATION OF CERTAIN POLITICAL SPENDING

Sec. 4101. Clarification of prohibition on participation by foreign nationals in 

election-related activities. 

Sec. 4102. Clarification of application of foreign money ban to certain disbursements and activities. 

Sec. 4103. Audit and report on illicit foreign money in Federal elections. 

Sec. 4104. Prohibition on contributions and donations by foreign nationals in 

connections with ballot initiatives and referenda. 

Sec. 4105. Disbursements and activities subject to foreign money ban. 

PART 2—REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS

Sec. 4111. Reporting of campaign-related disbursements. 

Sec. 4112. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers. 

Sec. 4113. Effective date. 

PART 3—OTHER ADMINISTRATIVE REFORMS


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Sec. 4121. Petition for certiorari. 

Sec. 4122. Judicial review of actions related to campaign finance laws. 

Subtitle C—Honest Ads 

Sec. 4201. Short title. 

Sec. 4202. Purpose. 

Sec. 4203. Findings. 

Sec. 4204. Sense of Congress. 

Sec. 4205. Expansion of definition of public communication. 

Sec. 4206. Expansion of definition of electioneering communication. 

Sec. 4207. Application of disclaimer statements to online communications. 

Sec. 4208. Political record requirements for online platforms. 

Sec. 4209. Preventing contributions, expenditures, independent expenditures, 

and disbursements for electioneering communications by foreign nationals in the form of online advertising. 

Subtitle D—Stand By Every Ad 

Sec. 4301. Short title. 

Sec. 4302. Stand By Every Ad. 

Sec. 4303. Disclaimer requirements for communications made through 

prerecorded telephone calls. 

Sec. 4304. No expansion of persons subject to disclaimer requirements on internet communications. 

Sec. 4305. Effective date. 

Subtitle E—Secret Money Transparency 

Sec. 4401. Repeal of restriction of use of funds by Internal Revenue Service to 

bring transparency to political activity of certain nonprofit organizations. 

Sec. 4402. Repeal of revenue procedure that eliminated requirement to report 

information regarding contributors to certain tax-exempt organizations. 

Subtitle F—Shareholder Right-to-Know 

Sec. 4501. Repeal of restriction on use of funds by Securities and Exchange 

Commission to ensure shareholders of corporations have knowledge of corporation political activity. 

Sec. 4502. Shareholder approval of corporate political activity. 

Subtitle G—Disclosure of Political Spending by Government Contractors 

Sec. 4601. Repeal of restriction on use of funds to require disclosure of political 

spending by government contractors. 

Subtitle H—Limitation and Disclosure Requirements for Presidential 

Inaugural Committees 

Sec. 4701. Short title. 

Sec. 4702. Limitations and disclosure of certain donations to, and disbursements by, Inaugural Committees. 

Subtitle I—Severability 

Sec. 4801. Severability. 


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TITLE V—CAMPAIGN FINANCE EMPOWERMENT 

Subtitle A—Findings Relating to Citizens United Decision 

Sec. 5001. Findings relating to Citizens United decision. 

Subtitle B—Senate Elections 

Sec. 5100. Short title. 

PART 1—SMALL DONOR INCENTIVE PROGRAMS

Sec. 5101. Sense of the Senate regarding small donor incentive programs. 

PART 2—SMALL DOLLAR FINANCING OF SENATE ELECTION CAMPAIGNS

Sec. 5111. Eligibility requirements and benefits of fair elections financing of 

Senate election campaigns. 

Sec. 5112. Prohibition on joint fundraising committees. 

Sec. 5113. Exception to limitation on coordinated expenditures by political 

party committees with participating candidates. 

Sec. 5114. Assessments against fines and penalties. 

PART 3—IMPROVING VOTER INFORMATION

Sec. 5121. Broadcasts relating to all Senate candidates. 

Sec. 5122. Broadcast rates for participating candidates. 

Sec. 5123. FCC to prescribe standardized form for reporting candidate campaign ads. 

PART 4—RESPONSIBILITIES OF THE FEDERAL ELECTION COMMISSION

Sec. 5131. Petition for certiorari. 

Sec. 5132. Electronic filing of FEC reports. 

PART 5—MISCELLANEOUS PROVISIONS

Sec. 5141. Severability. 

Sec. 5142. Effective date. 

Subtitle C—Presidential Elections 

Sec. 5200. Short title. 

PART 1—PRIMARY ELECTIONS

Sec. 5201. Increase in and modifications to matching payments. 

Sec. 5202. Eligibility requirements for matching payments. 

Sec. 5203. Repeal of expenditure limitations. 

Sec. 5204. Period of availability of matching payments. 

Sec. 5205. Examination and audits of matchable contributions. 

Sec. 5206. Modification to limitation on contributions for Presidential primary 

candidates. 

Sec. 5207. Use of Freedom From Influence Fund as source of payments. 

PART 2—GENERAL ELECTIONS

Sec. 5211. Modification of eligibility requirements for public financing. 

Sec. 5212. Repeal of expenditure limitations and use of qualified campaign contributions. 


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Sec. 5213. Matching payments and other modifications to payment amounts. 

Sec. 5214. Increase in limit on coordinated party expenditures. 

Sec. 5215. Establishment of uniform date for release of payments. 

Sec. 5216. Amounts in Presidential Election Campaign Fund. 

Sec. 5217. Use of general election payments for general election legal and accounting compliance. 

Sec. 5218. Use of Freedom From Influence Fund as source of payments. 

PART 3—EFFECTIVE DATE

Sec. 5221. Effective date. 

Subtitle D—Personal Use Services as Authorized Campaign Expenditures 

Sec. 5301. Short title; findings; purpose. 

Sec. 5302. Treatment of payments for child care and other personal use services as authorized campaign expenditure. 

Subtitle E—Empowering Small Dollar Donations 

Sec. 5401. Permitting political party committees to provide enhanced support 

for candidates through use of separate small dollar accounts. 

Subtitle F—Severability 

Sec. 5501. Severability. 

TITLE VI—CAMPAIGN FINANCE OVERSIGHT 

Subtitle A—Restoring Integrity to America’s Elections 

Sec. 6001. Short title. 

Sec. 6002. Membership of Federal Election Commission. 

Sec. 6003. Assignment of powers to Chair of Federal Election Commission. 

Sec. 6004. Revision to enforcement process. 

Sec. 6005. Permitting appearance at hearings on requests for advisory opinions 

by persons opposing the requests. 

Sec. 6006. Permanent extension of administrative penalty authority. 

Sec. 6007. Requiring forms to permit use of accent marks. 

Sec. 6008. Restrictions on ex parte communications. 

Sec. 6009. Clarifying authority of FEC attorneys to represent FEC in Supreme 

Court. 

Sec. 6010. Effective date; transition. 

Subtitle B—Stopping Super PAC–Candidate Coordination 

Sec. 6101. Short title. 

Sec. 6102. Clarification of treatment of coordinated expenditures as contributions to candidates. 

Sec. 6103. Clarification of ban on fundraising for super PACs by Federal candidates and officeholders. 

Subtitle C—Disposal of Contributions or Donations 

Sec. 6201. Timeframe for and prioritization of disposal of contributions or donations. 

Sec. 6202. 1-year transition period for certain individuals. 


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Subtitle D—Recommendations To Ensure Filing of Reports Before Date of 

Election 

Sec. 6301. Recommendations to ensure filing of reports before date of election. 

Subtitle E—Severability 

Sec. 6401. Severability. 

DIVISION C—ETHICS 

TITLE VII—ETHICAL STANDARDS 

Subtitle A—Supreme Court Ethics 

Sec. 7001. Code of conduct for Federal judges. 

Subtitle B—Foreign Agents Registration 

Sec. 7101. Establishment of FARA investigation and enforcement unit within 

Department of Justice. 

Sec. 7102. Authority to impose civil money penalties. 

Sec. 7103. Disclosure of transactions involving things of financial value conferred on officeholders. 

Sec. 7104. Ensuring online access to registration statements. 

Subtitle C—Lobbying Disclosure Reform 

Sec. 7201. Expanding scope of individuals and activities subject to requirements of Lobbying Disclosure Act of 1995. 

Sec. 7202. Requiring lobbyists to disclose status as lobbyists upon making any 

lobbying contacts. 

Subtitle D—Recusal of Presidential Appointees 

Sec. 7301. Recusal of appointees. 

Subtitle E—Clearinghouse on Lobbying Information 

Sec. 7401. Establishment of clearinghouse. 

Subtitle F—Severability 

Sec. 7501. Severability. 

TITLE VIII—ETHICS REFORMS FOR THE PRESIDENT, VICE 

PRESIDENT, AND FEDERAL OFFICERS AND EMPLOYEES 

Subtitle A—Executive Branch Conflict of Interest 

Sec. 8001. Short title. 

Sec. 8002. Restrictions on private sector payment for government service. 

Sec. 8003. Requirements relating to slowing the revolving door. 

Sec. 8004. Prohibition of procurement officers accepting employment from government contractors. 

Sec. 8005. Revolving door restrictions on employees moving into the private 

sector. 

Sec. 8006. Guidance on unpaid employees. 

Sec. 8007. Limitation on use of Federal funds and contracting at businesses 

owned by certain Government officers and employees. 


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Subtitle B—Presidential Conflicts of Interest 

Sec. 8101. Short title. 

Sec. 8102. Divestiture of personal financial interests of the President and Vice 

President that pose a potential conflict of interest. 

Sec. 8103. Initial financial disclosure. 

Sec. 8104. Contracts by the President or Vice President. 

Sec. 8105. Legal defense funds. 

Subtitle C—White House Ethics Transparency 

Sec. 8201. Short title. 

Sec. 8202. Procedure for waivers and authorizations relating to ethics requirements. 

Subtitle D—Executive Branch Ethics Enforcement 

Sec. 8301. Short title. 

Sec. 8302. Reauthorization of the Office of Government Ethics. 

Sec. 8303. Tenure of the Director of the Office of Government Ethics. 

Sec. 8304. Duties of Director of the Office of Government Ethics. 

Sec. 8305. Agency ethics officials training and duties. 

Sec. 8306. Prohibition on use of funds for certain Federal employee travel in 

contravention of certain regulations. 

Sec. 8307. Reports on cost of Presidential travel. 

Sec. 8308. Reports on cost of senior executive travel. 

Subtitle E—Conflicts From Political Fundraising 

Sec. 8401. Short title. 

Sec. 8402. Disclosure of certain types of contributions. 

Subtitle F—Transition Team Ethics 

Sec. 8501. Short title. 

Sec. 8502. Presidential transition ethics programs. 

Subtitle G—Ethics Pledge for Senior Executive Branch Employees 

Sec. 8601. Short title. 

Sec. 8602. Ethics pledge requirement for senior executive branch employees. 

Subtitle H—Travel on Private Aircraft by Senior Political Appointees 

Sec. 8701. Short title. 

Sec. 8702. Prohibition on use of funds for travel on private aircraft. 

Subtitle I—Severability 

Sec. 8801. Severability. 


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TITLE IX—CONGRESSIONAL ETHICS REFORM 

Subtitle A—Requiring Members of Congress To Reimburse Treasury for 

Amounts Paid as Settlements and Awards Under Congressional Accountability Act of 1995 

Sec. 9001. Requiring Members of Congress to reimburse Treasury for amounts 

paid as settlements and awards under Congressional Accountability Act of 1995 in all cases of employment discrimination 

acts by Members. 

Subtitle B—Conflicts of Interests 

Sec. 9101. Conflict of interest rules for Members of Congress and congressional 

staff. 

Subtitle C—Campaign Finance and Lobbying Disclosure 

Sec. 9201. Short title. 

Sec. 9202. Requiring disclosure in certain reports filed with Federal Election 

Commission of persons who are registered lobbyists. 

Sec. 9203. Effective date. 

Subtitle D—Access to Congressionally Mandated Reports 

Sec. 9301. Short title. 

Sec. 9302. Definitions. 

Sec. 9303. Establishment of online portal for congressionally mandated reports. 

Sec. 9304. Federal agency responsibilities. 

Sec. 9305. Removing and altering reports. 

Sec. 9306. Relationship to the Freedom of Information Act. 

Sec. 9307. Implementation. 

Subtitle E—Severability 

Sec. 9501. Severability. 

TITLE X—PRESIDENTIAL AND VICE-PRESIDENTIAL TAX 

TRANSPARENCY 

Sec. 10001. Presidential and Vice-Presidential tax transparency. 

1 DIVISION A—ELECTION ACCESS 

2 TITLE I—ELECTION ACCESS 

3 SEC. 1000. SHORT TITLE; STATEMENT OF POLICY. 

4 (a) SHORT TITLE.—This title may be cited as the 

5 ‘‘Voter Empowerment Act of 2019’’. 

6 (b) STATEMENT OF POLICY.—It is the policy of the 

7 United States that— 


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1 (1) all eligible citizens of the United States 

2 should access and exercise their constitutional right 

3 to vote in a free, fair, and timely manner; and 

4 (2) the integrity, security, and accountability of 

5 the voting process must be vigilantly protected, 

6 maintained, and enhanced in order to protect and 

7 preserve electoral and participatory democracy in the 

8 United States. 

9 Subtitle A—Voter Registration 

10 Modernization 

11 SEC. 1000A. SHORT TITLE. 

12 This subtitle may be cited as the ‘‘Voter Registration 

13 Modernization Act of 2019’’. 

14 PART 1—PROMOTING INTERNET REGISTRATION 

15 SEC. 1001. REQUIRING AVAILABILITY OF INTERNET FOR 

16 VOTER REGISTRATION. 

17 (a) REQUIRING AVAILABILITY OF INTERNET FOR

18 REGISTRATION.—The National Voter Registration Act of 

19 1993 (52 U.S.C. 20501 et seq.) is amended by inserting 

20 after section 6 the following new section: 

21 ‘‘SEC. 6A. INTERNET REGISTRATION. 

22 ‘‘(a) REQUIRING AVAILABILITY OF INTERNET FOR

23 ONLINE REGISTRATION.— 

24 ‘‘(1) AVAILABILITY OF ONLINE REGISTRATION

25 AND CORRECTION OF EXISTING REGISTRATION INVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 FORMATION.—Each State, acting through the chief 

2 State election official, shall ensure that the following 

3 services are available to the public at any time on 

4 the official public websites of the appropriate State 

5 and local election officials in the State, in the same 

6 manner and subject to the same terms and condi7 tions as the services provided by voter registration 

8 agencies under section 7(a): 

9 ‘‘(A) Online application for voter registra10 tion. 

11 ‘‘(B) Online assistance to applicants in ap12 plying to register to vote. 

13 ‘‘(C) Online completion and submission by 

14 applicants of the mail voter registration applica15 tion form prescribed by the Election Assistance 

16 Commission pursuant to section 9(a)(2), includ17 ing assistance with providing a signature as re18 quired under subsection (c). 

19 ‘‘(D) Online receipt of completed voter reg20 istration applications. 

21 ‘‘(b) ACCEPTANCE OF COMPLETED APPLICATIONS.— 

22 A State shall accept an online voter registration applica23 tion provided by an individual under this section, and en24 sure that the individual is registered to vote in the State, 

25 if— 


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1 ‘‘(1) the individual meets the same voter reg2 istration requirements applicable to individuals who 

3 register to vote by mail in accordance with section 

4 6(a)(1) using the mail voter registration application 

5 form prescribed by the Election Assistance Commis6 sion pursuant to section 9(a)(2); and 

7 ‘‘(2) the individual meets the requirements of 

8 subsection (c) to provide a signature in electronic 

9 form (but only in the case of applications submitted 

10 during or after the second year in which this section 

11 is in effect in the State). 

12 ‘‘(c) SIGNATURE REQUIREMENTS.— 

13 ‘‘(1) IN GENERAL.—For purposes of this sec14 tion, an individual meets the requirements of this 

15 subsection as follows: 

16 ‘‘(A) In the case of an individual who has 

17 a signature on file with a State agency, includ18 ing the State motor vehicle authority, that is 

19 required to provide voter registration services 

20 under this Act or any other law, the individual 

21 consents to the transfer of that electronic signa22 ture. 

23 ‘‘(B) If subparagraph (A) does not apply, 

24 the individual submits with the application an 


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1 electronic copy of the individual’s handwritten 

2 signature through electronic means. 

3 ‘‘(C) If subparagraph (A) and subpara4 graph (B) do not apply, the individual executes 

5 a computerized mark in the signature field on 

6 an online voter registration application, in ac7 cordance with reasonable security measures es8 tablished by the State, but only if the State ac9 cepts such mark from the individual. 

10 ‘‘(2) TREATMENT OF INDIVIDUALS UNABLE TO

11 MEET REQUIREMENT.—If an individual is unable to 

12 meet the requirements of paragraph (1), the State 

13 shall— 

14 ‘‘(A) permit the individual to complete all 

15 other elements of the online voter registration 

16 application; 

17 ‘‘(B) permit the individual to provide a sig18 nature at the time the individual requests a bal19 lot in an election (whether the individual re20 quests the ballot at a polling place or requests 

21 the ballot by mail); and 

22 ‘‘(C) if the individual carries out the steps 

23 described in subparagraph (A) and subpara24 graph (B), ensure that the individual is reg25 istered to vote in the State. 


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1 ‘‘(3) NOTICE.—The State shall ensure that in2 dividuals applying to register to vote online are noti3 fied of the requirements of paragraph (1) and of the 

4 treatment of individuals unable to meet such re5 quirements, as described in paragraph (2). 

6 ‘‘(d) CONFIRMATION AND DISPOSITION.— 

7 ‘‘(1) CONFIRMATION OF RECEIPT.—Upon the 

8 online submission of a completed voter registration 

9 application by an individual under this section, the 

10 appropriate State or local election official shall send 

11 the individual a notice confirming the State’s receipt 

12 of the application and providing instructions on how 

13 the individual may check the status of the applica14 tion. 

15 ‘‘(2) NOTICE OF DISPOSITION.—Not later than 

16 7 days after the appropriate State or local election 

17 official has approved or rejected an application sub18 mitted by an individual under this section, the offi19 cial shall send the individual a notice of the disposi20 tion of the application. 

21 ‘‘(3) METHOD OF NOTIFICATION.—The appro22 priate State or local election official shall send the 

23 notices required under this subsection by regular 

24 mail, and, in the case of an individual who has proVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 vided the official with an electronic mail address, by 

2 both electronic mail and regular mail. 

3 ‘‘(e) PROVISION OF SERVICES IN NONPARTISAN

4 MANNER.—The services made available under subsection 

5 (a) shall be provided in a manner that ensures that, con6 sistent with section 7(a)(5)— 

7 ‘‘(1) the online application does not seek to in8 fluence an applicant’s political preference or party 

9 registration; and 

10 ‘‘(2) there is no display on the website pro11 moting any political preference or party allegiance, 

12 except that nothing in this paragraph may be con13 strued to prohibit an applicant from registering to 

14 vote as a member of a political party. 

15 ‘‘(f) PROTECTION OF SECURITY OF INFORMATION.— 

16 In meeting the requirements of this section, the State shall 

17 establish appropriate technological security measures to 

18 prevent to the greatest extent practicable any unauthor19 ized access to information provided by individuals using 

20 the services made available under subsection (a). 

21 ‘‘(g) ACCESSIBILITY OF SERVICES.—A state shall en22 sure that the services made available under this section 

23 are made available to individuals with disabilities to the 

24 same extent as services are made available to all other in25 dividuals. 


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1 ‘‘(h) USE OF ADDITIONAL TELEPHONE-BASED SYS2 TEM.—A State shall make the services made available on3 line under subsection (a) available through the use of an 

4 automated telephone-based system, subject to the same 

5 terms and conditions applicable under this section to the 

6 services made available online, in addition to making the 

7 services available online in accordance with the require8 ments of this section. 

9 ‘‘(i) NONDISCRIMINATION AMONG REGISTERED VOT10 ERS USING MAIL AND ONLINE REGISTRATION.—In car11 rying out this Act, the Help America Vote Act of 2002, 

12 or any other Federal, State, or local law governing the 

13 treatment of registered voters in the State or the adminis14 tration of elections for public office in the State, a State 

15 shall treat a registered voter who registered to vote online 

16 in accordance with this section in the same manner as the 

17 State treats a registered voter who registered to vote by 

18 mail.’’. 

19 (b) SPECIAL REQUIREMENTS FOR INDIVIDUALS

20 USING ONLINE REGISTRATION.— 

21 (1) TREATMENT AS INDIVIDUALS REGISTERING

22 TO VOTE BY MAIL FOR PURPOSES OF FIRST-TIME

23 VOTER IDENTIFICATION REQUIREMENTS.—Section 

24 303(b)(1)(A) of the Help America Vote Act of 2002 

25 (52 U.S.C. 21083(b)(1)(A)) is amended by striking 


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1 ‘‘by mail’’ and inserting ‘‘by mail or online under 

2 section 6A of the National Voter Registration Act of 

3 1993’’. 

4 (2) REQUIRING SIGNATURE FOR FIRST-TIME

5 VOTERS IN JURISDICTION.—Section 303(b) of such 

6 Act (52 U.S.C. 21083(b)) is amended— 

7 (A) by redesignating paragraph (5) as 

8 paragraph (6); and 

9 (B) by inserting after paragraph (4) the 

10 following new paragraph: 

11 ‘‘(5) SIGNATURE REQUIREMENTS FOR FIRST12 TIME VOTERS USING ONLINE REGISTRATION.— 

13 ‘‘(A) IN GENERAL.—A State shall, in a 

14 uniform and nondiscriminatory manner, require 

15 an individual to meet the requirements of sub16 paragraph (B) if— 

17 ‘‘(i) the individual registered to vote 

18 in the State online under section 6A of the 

19 National Voter Registration Act of 1993; 

20 and 

21 ‘‘(ii) the individual has not previously 

22 voted in an election for Federal office in 

23 the State. 


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1 ‘‘(B) REQUIREMENTS.—An individual 

2 meets the requirements of this subparagraph 

3 if— 

4 ‘‘(i) in the case of an individual who 

5 votes in person, the individual provides the 

6 appropriate State or local election official 

7 with a handwritten signature; or 

8 ‘‘(ii) in the case of an individual who 

9 votes by mail, the individual submits with 

10 the ballot a handwritten signature. 

11 ‘‘(C) INAPPLICABILITY.—Subparagraph 

12 (A) does not apply in the case of an individual 

13 who is— 

14 ‘‘(i) entitled to vote by absentee ballot 

15 under the Uniformed and Overseas Citi16 zens Absentee Voting Act (52 U.S.C. 

17 20302 et seq.); 

18 ‘‘(ii) provided the right to vote other19 wise than in person under section 

20 3(b)(2)(B)(ii) of the Voting Accessibility 

21 for the Elderly and Handicapped Act (52 

22 U.S.C. 20102(b)(2)(B)(ii)); or 

23 ‘‘(iii) entitled to vote otherwise than 

24 in person under any other Federal law.’’. 


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1 (3) CONFORMING AMENDMENT RELATING TO

2 EFFECTIVE DATE.—Section 303(d)(2)(A) of such 

3 Act (52 U.S.C. 21083(d)(2)(A)) is amended by 

4 striking ‘‘Each State’’ and inserting ‘‘Except as pro5 vided in subsection (b)(5), each State’’. 

6 (c) CONFORMING AMENDMENTS.— 

7 (1) TIMING OF REGISTRATION.—Section 8(a)(1) 

8 of the National Voter Registration Act of 1993 (52 

9 U.S.C. 20507(a)(1)) is amended— 

10 (A) by striking ‘‘and’’ at the end of sub11 paragraph (C); 

12 (B) by redesignating subparagraph (D) as 

13 subparagraph (E); and 

14 (C) by inserting after subparagraph (C) 

15 the following new subparagraph: 

16 ‘‘(D) in the case of online registration 

17 through the official public website of an election 

18 official under section 6A, if the valid voter reg19 istration application is submitted online not 

20 later than the lesser of 28 days, or the period 

21 provided by State law, before the date of the 

22 election (as determined by treating the date on 

23 which the application is sent electronically as 

24 the date on which it is submitted); and’’. 


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1 (2) INFORMING APPLICANTS OF ELIGIBILITY

2 REQUIREMENTS AND PENALTIES.—Section 8(a)(5) 

3 of such Act (52 U.S.C. 20507(a)(5)) is amended by 

4 striking ‘‘and 7’’ and inserting ‘‘6A, and 7’’. 

5 SEC. 1002. USE OF INTERNET TO UPDATE REGISTRATION 

6 INFORMATION. 

7 (a) IN GENERAL.— 

8 (1) UPDATES TO INFORMATION CONTAINED ON

9 COMPUTERIZED STATEWIDE VOTER REGISTRATION

10 LIST.—Section 303(a) of the Help America Vote Act 

11 of 2002 (52 U.S.C. 21083(a)) is amended by adding 

12 at the end the following new paragraph: 

13 ‘‘(6) USE OF INTERNET BY REGISTERED VOT14 ERS TO UPDATE INFORMATION.— 

15 ‘‘(A) IN GENERAL.—The appropriate State 

16 or local election official shall ensure that any 

17 registered voter on the computerized list may at 

18 any time update the voter’s registration infor19 mation, including the voter’s address and elec20 tronic mail address, online through the official 

21 public website of the election official responsible 

22 for the maintenance of the list, so long as the 

23 voter attests to the contents of the update by 

24 providing a signature in electronic form in the 


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1 same manner required under section 6A(c) of 

2 the National Voter Registration Act of 1993. 

3 ‘‘(B) PROCESSING OF UPDATED INFORMA4 TION BY ELECTION OFFICIALS.—If a registered 

5 voter updates registration information under 

6 subparagraph (A), the appropriate State or 

7 local election official shall— 

8 ‘‘(i) revise any information on the 

9 computerized list to reflect the update 

10 made by the voter; and 

11 ‘‘(ii) if the updated registration infor12 mation affects the voter’s eligibility to vote 

13 in an election for Federal office, ensure 

14 that the information is processed with re15 spect to the election if the voter updates 

16 the information not later than the lesser of 

17 7 days, or the period provided by State 

18 law, before the date of the election. 

19 ‘‘(C) CONFIRMATION AND DISPOSITION.— 

20 ‘‘(i) CONFIRMATION OF RECEIPT.— 

21 Upon the online submission of updated 

22 registration information by an individual 

23 under this paragraph, the appropriate 

24 State or local election official shall send 

25 the individual a notice confirming the 


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1 State’s receipt of the updated information 

2 and providing instructions on how the indi3 vidual may check the status of the update. 

4 ‘‘(ii) NOTICE OF DISPOSITION.—Not 

5 later than 7 days after the appropriate 

6 State or local election official has accepted 

7 or rejected updated information submitted 

8 by an individual under this paragraph, the 

9 official shall send the individual a notice of 

10 the disposition of the update. 

11 ‘‘(iii) METHOD OF NOTIFICATION.— 

12 The appropriate State or local election offi13 cial shall send the notices required under 

14 this subparagraph by regular mail, and, in 

15 the case of an individual who has re16 quested that the State provide voter reg17 istration and voting information through 

18 electronic mail, by both electronic mail and 

19 regular mail.’’. 

20 (2) CONFORMING AMENDMENT RELATING TO

21 EFFECTIVE DATE.—Section 303(d)(1)(A) of such 

22 Act (52 U.S.C. 21083(d)(1)(A)) is amended by 

23 striking ‘‘subparagraph (B)’’ and inserting ‘‘sub24 paragraph (B) and subsection (a)(6)’’. 


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1 (b) ABILITY OF REGISTRANT TO USE ONLINE UP2 DATE TO PROVIDE INFORMATION ON RESIDENCE.—Sec3 tion 8(d)(2)(A) of the National Voter Registration Act of 

4 1993 (52 U.S.C. 20507(d)(2)(A)) is amended— 

5 (1) in the first sentence, by inserting after ‘‘re6 turn the card’’ the following: ‘‘or update the reg7 istrant’s information on the computerized Statewide 

8 voter registration list using the online method pro9 vided under section 303(a)(6) of the Help America 

10 Vote Act of 2002’’; and 

11 (2) in the second sentence, by striking ‘‘re12 turned,’’ and inserting the following: ‘‘returned or if 

13 the registrant does not update the registrant’s infor14 mation on the computerized Statewide voter reg15 istration list using such online method,’’. 

16 SEC. 1003. PROVISION OF ELECTION INFORMATION BY 

17 ELECTRONIC MAIL TO INDIVIDUALS REG18 ISTERED TO VOTE. 

19 (a) INCLUDING OPTION ON VOTER REGISTRATION

20 APPLICATION TO PROVIDE EMAIL ADDRESS AND RE21 CEIVE INFORMATION.— 

22 (1) IN GENERAL.—Section 9(b) of the National 

23 Voter Registration Act of 1993 (52 U.S.C. 

24 20508(b)) is amended— 


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1 (A) by striking ‘‘and’’ at the end of para2 graph (3); 

3 (B) by striking the period at the end of 

4 paragraph (4) and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following new 

6 paragraph: 

7 ‘‘(5) shall include a space for the applicant to 

8 provide (at the applicant’s option) an electronic mail 

9 address, together with a statement that, if the appli10 cant so requests, instead of using regular mail the 

11 appropriate State and local election officials shall 

12 provide to the applicant, through electronic mail sent 

13 to that address, the same voting information (as de14 fined in section 302(b)(2) of the Help America Vote 

15 Act of 2002) which the officials would provide to the 

16 applicant through regular mail.’’. 

17 (2) PROHIBITING USE FOR PURPOSES UNRE18 LATED TO OFFICIAL DUTIES OF ELECTION OFFI19 CIALS.—Section 9 of such Act (52 U.S.C. 20508) is 

20 amended by adding at the end the following new 

21 subsection: 

22 ‘‘(c) PROHIBITING USE OF ELECTRONIC MAIL AD23 DRESSES FOR OTHER THAN OFFICIAL PURPOSES.—The 

24 chief State election official shall ensure that any electronic 

25 mail address provided by an applicant under subsection 


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1 (b)(5) is used only for purposes of carrying out official 

2 duties of election officials and is not transmitted by any 

3 State or local election official (or any agent of such an 

4 official, including a contractor) to any person who does 

5 not require the address to carry out such official duties 

6 and who is not under the direct supervision and control 

7 of a State or local election official.’’. 

8 (b) REQUIRING PROVISION OF INFORMATION BY

9 ELECTION OFFICIALS.—Section 302(b) of the Help Amer10 ica Vote Act of 2002 (52 U.S.C. 21082(b)) is amended 

11 by adding at the end the following new paragraph: 

12 ‘‘(3) PROVISION OF OTHER INFORMATION BY

13 ELECTRONIC MAIL.—If an individual who is a reg14 istered voter has provided the State or local election 

15 official with an electronic mail address for the pur16 pose of receiving voting information (as described in 

17 section 9(b)(5) of the National Voter Registration 

18 Act of 1993), the appropriate State or local election 

19 official, through electronic mail transmitted not later 

20 than 7 days before the date of the election for Fed21 eral office involved, shall provide the individual with 

22 information on how to obtain the following informa23 tion by electronic means: 


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1 ‘‘(A) The name and address of the polling 

2 place at which the individual is assigned to vote 

3 in the election. 

4 ‘‘(B) The hours of operation for the polling 

5 place. 

6 ‘‘(C) A description of any identification or 

7 other information the individual may be re8 quired to present at the polling place.’’. 

9 SEC. 1004. CLARIFICATION OF REQUIREMENT REGARDING 

10 NECESSARY INFORMATION TO SHOW ELIGI11 BILITY TO VOTE. 

12 Section 8 of the National Voter Registration Act of 

13 1993 (52 U.S.C. 20507) is amended— 

14 (1) by redesignating subsection (j) as sub15 section (k); and 

16 (2) by inserting after subsection (i) the fol17 lowing new subsection: 

18 ‘‘(j) REQUIREMENT FOR STATE TO REGISTER APPLI19 CANTS PROVIDING NECESSARY INFORMATION TO SHOW

20 ELIGIBILITY TO VOTE.—For purposes meeting the re21 quirement of subsection (a)(1) that an eligible applicant 

22 is registered to vote in an election for Federal office within 

23 the deadlines required under such subsection, the State 

24 shall consider an applicant to have provided a ‘valid voter 

25 registration form’ if— 


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1 ‘‘(1) the applicant has substantially completed 

2 the application form and attested to the statement 

3 required by section 9(b)(2); and 

4 ‘‘(2) in the case of an applicant who registers 

5 to vote online in accordance with section 6A, the ap6 plicant provides a signature in accordance with sub7 section (c) of such section.’’. 

8 SEC. 1005. EFFECTIVE DATE. 

9 (a) IN GENERAL.—Except as provided in subsection 

10 (b), the amendments made by this part (other than the 

11 amendments made by section 1004) shall take effect Jan12 uary 1, 2020. 

13 (b) WAIVER.—Subject to the approval of the Election 

14 Assistance Commission, if a State certifies to the Election 

15 Assistance Commission that the State will not meet the 

16 deadline referred to in subsection (a) because of extraor17 dinary circumstances and includes in the certification the 

18 reasons for the failure to meet the deadline, subsection 

19 (a) shall apply to the State as if the reference in such 

20 subsection to ‘‘January 1, 2020’’ were a reference to 

21 ‘‘January 1, 2022’’. 

22 PART 2—AUTOMATIC VOTER REGISTRATION 

23 SEC. 1011. SHORT TITLE; FINDINGS AND PURPOSE. 

24 (a) SHORT TITLE.—This part may be cited as the 

25 ‘‘Automatic Voter Registration Act of 2019’’. 


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1 (b) FINDINGS AND PURPOSE.— 

2 (1) FINDINGS.—Congress finds that— 

3 (A) the right to vote is a fundamental 

4 right of citizens of the United States; 

5 (B) it is the responsibility of the State and 

6 Federal Governments to ensure that every eligi7 ble citizen is registered to vote; 

8 (C) existing voter registration systems can 

9 be inaccurate, costly, inaccessible and con10 fusing, with damaging effects on voter partici11 pation in elections and disproportionate impacts 

12 on young people, persons with disabilities, and 

13 racial and ethnic minorities; and 

14 (D) voter registration systems must be up15 dated with 21st Century technologies and pro16 cedures to maintain their security. 

17 (2) PURPOSE.—It is the purpose of this part— 

18 (A) to establish that it is the responsibility 

19 of government at every level to ensure that all 

20 eligible citizens are registered to vote; 

21 (B) to enable the State and Federal Gov22 ernments to register all eligible citizens to vote 

23 with accurate, cost-efficient, and up-to-date pro24 cedures; 


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1 (C) to modernize voter registration and list 

2 maintenance procedures with electronic and 

3 internet capabilities; and 

4 (D) to protect and enhance the integrity, 

5 accuracy, efficiency, and accessibility of the 

6 electoral process for all eligible citizens. 

7 SEC. 1012. AUTOMATIC REGISTRATION OF ELIGIBLE INDI8 VIDUALS. 

9 (a) REQUIRING STATES TO ESTABLISH AND OPER10 ATE AUTOMATIC REGISTRATION SYSTEM.— 

11 (1) IN GENERAL.—The chief State election offi12 cial of each State shall establish and operate a sys13 tem of automatic registration for the registration of 

14 eligible individuals to vote for elections for Federal 

15 office in the State, in accordance with the provisions 

16 of this part. 

17 (2) DEFINITION.—The term ‘‘automatic reg18 istration’’ means a system that registers an indi19 vidual to vote in elections for Federal office in a 

20 State, if eligible, by electronically transferring the 

21 information necessary for registration from govern22 ment agencies to election officials of the State so 

23 that, unless the individual affirmatively declines to 

24 be registered, the individual will be registered to vote 

25 in such elections. 


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1 (b) REGISTRATION OF VOTERS BASED ON NEW

2 AGENCY RECORDS.—The chief State election official 

3 shall— 

4 (1) not later than 15 days after a contributing 

5 agency has transmitted information with respect to 

6 an individual pursuant to section 1013, ensure that 

7 the individual is registered to vote in elections for 

8 Federal office in the State if the individual is eligible 

9 to be registered to vote in such elections; and 

10 (2) not later than 120 days after a contributing 

11 agency has transmitted such information with re12 spect to the individual, send written notice to the in13 dividual, in addition to other means of notice estab14 lished by this part, of the individual’s voter registra15 tion status. 

16 (c) ONE-TIME REGISTRATION OF VOTERS BASED ON

17 EXISTING CONTRIBUTING AGENCY RECORDS.—The chief 

18 State election official shall— 

19 (1) identify all individuals whose information is 

20 transmitted by a contributing agency pursuant to 

21 section 1014 and who are eligible to be, but are not 

22 currently, registered to vote in that State; 

23 (2) promptly send each such individual written 

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1 tributing agency that transmitted the information 

2 but shall include— 

3 (A) an explanation that voter registration 

4 is voluntary, but if the individual does not de5 cline registration, the individual will be reg6 istered to vote; 

7 (B) a statement offering the opportunity to 

8 decline voter registration through means con9 sistent with the requirements of this part; 

10 (C) in the case of a State in which affili11 ation or enrollment with a political party is re12 quired in order to participate in an election to 

13 select the party’s candidate in an election for 

14 Federal office, a statement offering the indi15 vidual the opportunity to affiliate or enroll with 

16 a political party or to decline to affiliate or en17 roll with a political party, through means con18 sistent with the requirements of this part; 

19 (D) the substantive qualifications of an 

20 elector in the State as listed in the mail voter 

21 registration application form for elections for 

22 Federal office prescribed pursuant to section 9 

23 of the National Voter Registration Act of 1993, 

24 the consequences of false registration, and a 

25 statement that the individual should decline to 


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1 register if the individual does not meet all those 

2 qualifications; 

3 (E) instructions for correcting any erro4 neous information; and 

5 (F) instructions for providing any addi6 tional information which is listed in the mail 

7 voter registration application form for elections 

8 for Federal office prescribed pursuant to section 

9 9 of the National Voter Registration Act of 

10 1993; 

11 (3) ensure that each such individual who is eli12 gible to register to vote in elections for Federal of13 fice in the State is promptly registered to vote not 

14 later than 45 days after the official sends the indi15 vidual the written notice under paragraph (2), un16 less, during the 30-day period which begins on the 

17 date the election official sends the individual such 

18 written notice, the individual declines registration in 

19 writing, through a communication made over the 

20 internet, or by an officially logged telephone commu21 nication; and 

22 (4) send written notice to each such individual, 

23 in addition to other means of notice established by 

24 this part, of the individual’s voter registration sta25 tus. 


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1 (d) TREATMENT OF INDIVIDUALS UNDER 18 YEARS

2 OF AGE.—A State may not refuse to treat an individual 

3 as an eligible individual for purposes of this part on the 

4 grounds that the individual is less than 18 years of age 

5 at the time a contributing agency receives information 

6 with respect to the individual, so long as the individual 

7 is at least 16 years of age at such time. 

8 (e) CONTRIBUTING AGENCY DEFINED.—In this part, 

9 the term ‘‘contributing agency’’ means, with respect to a 

10 State, an agency listed in section 1013(e). 

11 SEC. 1013. CONTRIBUTING AGENCY ASSISTANCE IN REG12 ISTRATION. 

13 (a) IN GENERAL.—In accordance with this part, each 

14 contributing agency in a State shall assist the State’s chief 

15 election official in registering to vote all eligible individuals 

16 served by that agency. 

17 (b) REQUIREMENTS FOR CONTRIBUTING AGEN18 CIES.— 

19 (1) INSTRUCTIONS ON AUTOMATIC REGISTRA20 TION.—With each application for service or assist21 ance, and with each related recertification, renewal, 

22 or change of address, or, in the case of an institu23 tion of higher education, with each registration of a 

24 student for enrollment in a course of study, each 

25 contributing agency that (in the normal course of its 


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1 operations) requests individuals to affirm United 

2 States citizenship (either directly or as part of the 

3 overall application for service or assistance) shall in4 form each such individual who is a citizen of the 

5 United States of the following: 

6 (A) Unless that individual declines to reg7 ister to vote, or is found ineligible to vote, the 

8 individual will be registered to vote or, if appli9 cable, the individual’s registration will be up10 dated. 

11 (B) The substantive qualifications of an 

12 elector in the State as listed in the mail voter 

13 registration application form for elections for 

14 Federal office prescribed pursuant to section 9 

15 of the National Voter Registration Act of 1993, 

16 the consequences of false registration, and the 

17 individual should decline to register if the indi18 vidual does not meet all those qualifications. 

19 (C) In the case of a State in which affili20 ation or enrollment with a political party is re21 quired in order to participate in an election to 

22 select the party’s candidate in an election for 

23 Federal office, the requirement that the indi24 vidual must affiliate or enroll with a political 

25 party in order to participate in such an election. 


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1 (D) Voter registration is voluntary, and 

2 neither registering nor declining to register to 

3 vote will in any way affect the availability of 

4 services or benefits, nor be used for other pur5 poses. 

6 (2) OPPORTUNITY TO DECLINE REGISTRATION

7 REQUIRED.—Each contributing agency shall ensure 

8 that each application for service or assistance, and 

9 each related recertification, renewal, or change of 

10 address, or, in the case of an institution of higher 

11 education, each registration of a student for enroll12 ment in a course of study, cannot be completed until 

13 the individual is given the opportunity to decline to 

14 be registered to vote. 

15 (3) INFORMATION TRANSMITTAL.—Upon the 

16 expiration of the 30-day period which begins on the 

17 date the contributing agency informs the individual 

18 of the information described in paragraph (1), each 

19 contributing agency shall electronically transmit to 

20 the appropriate State election official, in a format 

21 compatible with the statewide voter database main22 tained under section 303 of the Help America Vote 

23 Act of 2002 (52 U.S.C. 21083), the following infor24 mation, unless during such 30-day period the indi25 vidual declined to be registered to vote: 


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1 (A) The individual’s given name(s) and 

2 surname(s). 

3 (B) The individual’s date of birth. 

4 (C) The individual’s residential address. 

5 (D) Information showing that the indi6 vidual is a citizen of the United States. 

7 (E) The date on which information per8 taining to that individual was collected or last 

9 updated. 

10 (F) If available, the individual’s signature 

11 in electronic form. 

12 (G) Information regarding the individual’s 

13 affiliation or enrollment with a political party, 

14 if the individual provides such information. 

15 (H) Any additional information listed in 

16 the mail voter registration application form for 

17 elections for Federal office prescribed pursuant 

18 to section 9 of the National Voter Registration 

19 Act of 1993, including any valid driver’s license 

20 number or the last 4 digits of the individual’s 

21 social security number, if the individual pro22 vided such information. 

23 (c) ALTERNATE PROCEDURE FOR CERTAIN CON24 TRIBUTING AGENCIES.—With each application for service 

25 or assistance, and with each related recertification, reVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 newal, or change of address, any contributing agency that 

2 in the normal course of its operations does not request 

3 individuals applying for service or assistance to affirm 

4 United States citizenship (either directly or as part of the 

5 overall application for service or assistance) shall— 

6 (1) complete the requirements of section 7(a)(6) 

7 of the National Voter Registration Act of 1993 (52 

8 U.S.C. 20506(a)(6)); 

9 (2) ensure that each applicant’s transaction 

10 with the agency cannot be completed until the appli11 cant has indicated whether the applicant wishes to 

12 register to vote or declines to register to vote in elec13 tions for Federal office held in the State; and 

14 (3) for each individual who wishes to register to 

15 vote, transmit that individual’s information in ac16 cordance with subsection (b)(3). 

17 (d) REQUIRED AVAILABILITY OF AUTOMATIC REG18 ISTRATION OPPORTUNITY WITH EACH APPLICATION FOR

19 SERVICE OR ASSISTANCE.—Each contributing agency 

20 shall offer each individual, with each application for serv21 ice or assistance, and with each related recertification, re22 newal, or change of address, or in the case of an institu23 tion of higher education, with each registration of a stu24 dent for enrollment in a course of study, the opportunity 

25 to register to vote as prescribed by this section without 


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1 regard to whether the individual previously declined a reg2 istration opportunity. 

3 (e) CONTRIBUTING AGENCIES.— 

4 (1) STATE AGENCIES.—In each State, each of 

5 the following agencies shall be treated as a contrib6 uting agency: 

7 (A) Each agency in a State that is re8 quired by Federal law to provide voter registra9 tion services, including the State motor vehicle 

10 authority and other voter registration agencies 

11 under the National Voter Registration Act of 

12 1993. 

13 (B) Each agency in a State that admin14 isters a program pursuant to title III of the So15 cial Security Act (42 U.S.C. 501 et seq.), title 

16 XIX of the Social Security Act (42 U.S.C. 1396 

17 et seq.), or the Patient Protection and Afford18 able Care Act (Public Law 111–148). 

19 (C) Each State agency primarily respon20 sible for regulating the private possession of 

21 firearms. 

22 (D) Each State agency primarily respon23 sible for maintaining identifying information for 

24 students enrolled at public secondary schools, 

25 including, where applicable, the State agency 


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1 responsible for maintaining the education data 

2 system described in section 6201(e)(2) of the 

3 America COMPETES Act (20 U.S.C. 

4 9871(e)(2)). 

5 (E) In the case of a State in which an in6 dividual disenfranchised by a criminal convic7 tion may become eligible to vote upon comple8 tion of a criminal sentence or any part thereof, 

9 or upon formal restoration of rights, the State 

10 agency responsible for administering that sen11 tence, or part thereof, or that restoration of 

12 rights. 

13 (F) Any other agency of the State which is 

14 designated by the State as a contributing agen15 cy. 

16 (2) FEDERAL AGENCIES.—In each State, each 

17 of the following agencies of the Federal Government 

18 shall be treated as a contributing agency with re19 spect to individuals who are residents of that State 

20 (except as provided in subparagraph (C)): 

21 (A) The Social Security Administration, 

22 the Department of Veterans Affairs, the De23 fense Manpower Data Center of the Depart24 ment of Defense, the Employee and Training 

25 Administration of the Department of Labor, 


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1 and the Center for Medicare & Medicaid Serv2 ices of the Department of Health and Human 

3 Services. 

4 (B) The Bureau of Citizenship and Immi5 gration Services, but only with respect to indi6 viduals who have completed the naturalization 

7 process. 

8 (C) In the case of an individual who is a 

9 resident of a State in which an individual 

10 disenfranchised by a criminal conviction under 

11 Federal law may become eligible to vote upon 

12 completion of a criminal sentence or any part 

13 thereof, or upon formal restoration of rights, 

14 the Federal agency responsible for admin15 istering that sentence or part thereof (without 

16 regard to whether the agency is located in the 

17 same State in which the individual is a resi18 dent), but only with respect to individuals who 

19 have completed the criminal sentence or any 

20 part thereof. 

21 (D) Any other agency of the Federal Gov22 ernment which the State designates as a con23 tributing agency, but only if the State and the 

24 head of the agency determine that the agency 

25 collects information sufficient to carry out the 


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1 responsibilities of a contributing agency under 

2 this section. 

3 (3) SPECIAL RULE FOR INSTITUTIONS OF HIGH4 ER EDUCATION.— 

5 (A) SPECIAL RULE.—For purposes of this 

6 part, each institution of higher education de7 scribed in subparagraph (B) shall be treated as 

8 a contributing agency in the State in which it 

9 is located, except that— 

10 (i) the institution shall be treated as 

11 a contributing agency only if, in its normal 

12 course of operations, the institution re13 quests each student registering for enroll14 ment in a course of study, including enroll15 ment in a program of distance education, 

16 as defined in section 103(7) of the Higher 

17 Education Act of 1965 (20 U.S.C. 

18 1003(7)), to affirm whether or not the stu19 dent is a United States citizen; and 

20 (ii) if the institution is treated as a 

21 contributing agency in a State pursuant to 

22 clause (i), the institution shall serve as a 

23 contributing agency only with respect to 

24 students, including students enrolled in a 

25 program of distance education, as defined 


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1 in section 103(7) of the Higher Education 

2 Act of 1965 (20 U.S.C. 1003(7)), who re3 side in the State. 

4 (B) INSTITUTIONS DESCRIBED.—An insti5 tution described in this subparagraph is an in6 stitution of higher education which has a pro7 gram participation agreement in effect with the 

8 Secretary of Education under section 487 of the 

9 Higher Education Act of 1965 (20 U.S.C. 

10 1094) and which is located in a State to which 

11 section 4(b) of the National Voter Registration 

12 Act of 1993 (52 U.S.C. 20503(b)) does not 

13 apply. 

14 (4) PUBLICATION.—Not later than 180 days 

15 prior to the date of each election for Federal office 

16 held in the State, the chief State election official 

17 shall publish on the public website of the official an 

18 updated list of all contributing agencies in that 

19 State. 

20 (5) PUBLIC EDUCATION.—The chief State elec21 tion official of each State, in collaboration with each 

22 contributing agency, shall take appropriate measures 

23 to educate the public about voter registration under 

24 this section. 


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1 SEC. 1014. ONE-TIME CONTRIBUTING AGENCY ASSISTANCE 

2 IN REGISTRATION OF ELIGIBLE VOTERS IN 

3 EXISTING RECORDS. 

4 (a) INITIAL TRANSMITTAL OF INFORMATION.—For 

5 each individual already listed in a contributing agency’s 

6 records as of the date of enactment of this Act, and for 

7 whom the agency has the information listed in section 

8 1013(b)(3), the agency shall promptly transmit that infor9 mation to the appropriate State election official in accord10 ance with section 1013(b)(3) not later than the effective 

11 date described in section 1021(a). 

12 (b) TRANSITION.—For each individual listed in a con13 tributing agency’s records as of the effective date de14 scribed in section 1021(a) (but who was not listed in a 

15 contributing agency’s records as of the date of enactment 

16 of this Act), and for whom the agency has the information 

17 listed in section 1013(b)(3), the Agency shall promptly 

18 transmit that information to the appropriate State election 

19 official in accordance with section 1013(b)(3) not later 

20 than 6 months after the effective date described in section 

21 1021(a). 

22 SEC. 1015. VOTER PROTECTION AND SECURITY IN AUTO23 MATIC REGISTRATION. 

24 (a) PROTECTIONS FOR ERRORS IN REGISTRATION.— 

25 An individual shall not be prosecuted under any Federal 

26 or State law, adversely affected in any civil adjudication 


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1 concerning immigration status or naturalization, or sub2 ject to an allegation in any legal proceeding that the indi3 vidual is not a citizen of the United States on any of the 

4 following grounds: 

5 (1) The individual notified an election office of 

6 the individual’s automatic registration to vote under 

7 this part. 

8 (2) The individual is not eligible to vote in elec9 tions for Federal office but was automatically reg10 istered to vote under this part. 

11 (3) The individual was automatically registered 

12 to vote under this part at an incorrect address. 

13 (4) The individual declined the opportunity to 

14 register to vote or did not make an affirmation of 

15 citizenship, including through automatic registration, 

16 under this part. 

17 (b) LIMITS ON USE OF AUTOMATIC REGISTRA18 TION.—The automatic registration of any individual or the 

19 fact that an individual declined the opportunity to register 

20 to vote or did not make an affirmation of citizenship (in21 cluding through automatic registration) under this part 

22 may not be used as evidence against that individual in any 

23 State or Federal law enforcement proceeding, and an indi24 vidual’s lack of knowledge or willfulness of such registraVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 tion may be demonstrated by the individual’s testimony 

2 alone. 

3 (c) PROTECTION OF ELECTION INTEGRITY.—Noth4 ing in subsections (a) or (b) may be construed to prohibit 

5 or restrict any action under color of law against an indi6 vidual who— 

7 (1) knowingly and willfully makes a false state8 ment to effectuate or perpetuate automatic voter 

9 registration by any individual; or 

10 (2) casts a ballot knowingly and willfully in vio11 lation of State law or the laws of the United States. 

12 (d) CONTRIBUTING AGENCIES’ PROTECTION OF IN13 FORMATION.—Nothing in this part authorizes a contrib14 uting agency to collect, retain, transmit, or publicly dis15 close any of the following: 

16 (1) An individual’s decision to decline to reg17 ister to vote or not to register to vote. 

18 (2) An individual’s decision not to affirm his or 

19 her citizenship. 

20 (3) Any information that a contributing agency 

21 transmits pursuant to section 1013(b)(3), except in 

22 pursuing the agency’s ordinary course of business. 

23 (e) ELECTION OFFICIALS’ PROTECTION OF INFOR24 MATION.— 

25 (1) PUBLIC DISCLOSURE PROHIBITED.— 


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1 (A) IN GENERAL.—Subject to subpara2 graph (B), with respect to any individual for 

3 whom any State election official receives infor4 mation from a contributing agency, the State 

5 election officials shall not publicly disclose any 

6 of the following: 

7 (i) The identity of the contributing 

8 agency. 

9 (ii) Any information not necessary to 

10 voter registration. 

11 (iii) Any voter information otherwise 

12 shielded from disclosure under State law or 

13 section 8(a) of the National Voter Reg14 istration Act of 1993 (52 U.S.C. 

15 20507(a)). 

16 (iv) Any portion of the individual’s so17 cial security number. 

18 (v) Any portion of the individual’s 

19 motor vehicle driver’s license number. 

20 (vi) The individual’s signature. 

21 (vii) The individual’s telephone num22 ber. 

23 (viii) The individual’s email address. 

24 (B) SPECIAL RULE FOR INDIVIDUALS REG25 ISTERED TO VOTE.—With respect to any indiVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 vidual for whom any State election official re2 ceives information from a contributing agency 

3 and who, on the basis of such information, is 

4 registered to vote in the State under this part, 

5 the State election officials shall not publicly dis6 close any of the following: 

7 (i) The identity of the contributing 

8 agency. 

9 (ii) Any information not necessary to 

10 voter registration. 

11 (iii) Any voter information otherwise 

12 shielded from disclosure under State law or 

13 section 8(a) of the National Voter Reg14 istration Act of 1993 (52 U.S.C. 

15 20507(a)). 

16 (iv) Any portion of the individual’s so17 cial security number. 

18 (v) Any portion of the individual’s 

19 motor vehicle driver’s license number. 

20 (vi) The individual’s signature. 

21 (2) VOTER RECORD CHANGES.—Each State 

22 shall maintain for at least 2 years and shall make 

23 available for public inspection (and, where available, 

24 photocopying at a reasonable cost), including in elec25 tronic form and through electronic methods, all 


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1 records of changes to voter records, including remov2 als, the reasons for removals, and updates. 

3 (3) DATABASE MANAGEMENT STANDARDS.— 

4 The Director of the National Institute of Standards 

5 and Technology shall, after providing the public with 

6 notice and the opportunity to comment— 

7 (A) establish standards governing the com8 parison of data for voter registration list main9 tenance purposes, identifying as part of such 

10 standards the specific data elements, the 

11 matching rules used, and how a State may use 

12 the data to determine and deem that an indi13 vidual is ineligible under State law to vote in an 

14 election, or to deem a record to be a duplicate 

15 or outdated; 

16 (B) ensure that the standards developed 

17 pursuant to this paragraph are uniform and 

18 nondiscriminatory and are applied in a uniform 

19 and nondiscriminatory manner; and 

20 (C) not later than 45 days after the dead21 line for public notice and comment, publish the 

22 standards developed pursuant to this paragraph 

23 on the Director’s website and make those 

24 standards available in written form upon re25 quest. 


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1 (4) SECURITY POLICY.—The Director of the 

2 National Institute of Standards and Technology 

3 shall, after providing the public with notice and the 

4 opportunity to comment, publish privacy and secu5 rity standards for voter registration information not 

6 later than 45 days after the deadline for public no7 tice and comment. The standards shall require the 

8 chief State election official of each State to adopt a 

9 policy that shall specify— 

10 (A) each class of users who shall have au11 thorized access to the computerized statewide 

12 voter registration list, specifying for each class 

13 the permission and levels of access to be grant14 ed, and setting forth other safeguards to pro15 tect the privacy, security, and accuracy of the 

16 information on the list; and 

17 (B) security safeguards to protect personal 

18 information transmitted through the informa19 tion transmittal processes of section 1013 or 

20 section 1014, the online system used pursuant 

21 to section 6A of the National Voter Registra22 tion Act of 1993 (as added by section 1001), 

23 any telephone interface, the maintenance of the 

24 voter registration database, and any audit pro25 cedure to track access to the system. 


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1 (5) STATE COMPLIANCE WITH NATIONAL

2 STANDARDS.— 

3 (A) CERTIFICATION.—The chief executive 

4 officer of the State shall annually file with the 

5 Election Assistance Commission a statement 

6 certifying to the Director of the National Insti7 tute of Standards and Technology that the 

8 State is in compliance with the standards re9 ferred to in paragraphs (3) and (4). A State 

10 may meet the requirement of the previous sen11 tence by filing with the Commission a statement 

12 which reads as follows: ‘‘lllll hereby 

13 certifies that it is in compliance with the stand14 ards referred to in paragraphs (3) and (4) of 

15 section 1015(e) of the Automatic Voter Reg16 istration Act of 2019.’’ (with the blank to be 

17 filled in with the name of the State involved). 

18 (B) PUBLICATION OF POLICIES AND PRO19 CEDURES.—The chief State election official of a 

20 State shall publish on the official’s website the 

21 policies and procedures established under this 

22 section, and shall make those policies and pro23 cedures available in written form upon public 

24 request. 


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1 (C) FUNDING DEPENDENT ON CERTIFI2 CATION.—If a State does not timely file the cer3 tification required under this paragraph, it shall 

4 not receive any payment under this part for the 

5 upcoming fiscal year. 

6 (D) COMPLIANCE OF STATES THAT RE7 QUIRE CHANGES TO STATE LAW.—In the case 

8 of a State that requires State legislation to 

9 carry out an activity covered by any certifi10 cation submitted under this paragraph, for a 

11 period of not more than 2 years the State shall 

12 be permitted to make the certification notwith13 standing that the legislation has not been en14 acted at the time the certification is submitted, 

15 and such State shall submit an additional cer16 tification once such legislation is enacted. 

17 (f) RESTRICTIONS ON USE OF INFORMATION.—No 

18 person acting under color of law may discriminate against 

19 any individual based on, or use for any purpose other than 

20 voter registration, election administration, or enforcement 

21 relating to election crimes, any of the following: 

22 (1) Voter registration records. 

23 (2) An individual’s declination to register to 

24 vote or complete an affirmation of citizenship under 

25 section 1013(b). 


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1 (3) An individual’s voter registration status. 

2 (g) PROHIBITION ON THE USE OF VOTER REGISTRA3 TION INFORMATION FOR COMMERCIAL PURPOSES.—In4 formation collected under this part shall not be used for 

5 commercial purposes. Nothing in this subsection may be 

6 construed to prohibit the transmission, exchange, or dis7 semination of information for political purposes, including 

8 the support of campaigns for election for Federal, State, 

9 or local public office or the activities of political commit10 tees (including committees of political parties) under the 

11 Federal Election Campaign Act of 1971. 

12 SEC. 1016. REGISTRATION PORTABILITY AND CORRECTION. 

13 (a) CORRECTING REGISTRATION INFORMATION AT

14 POLLING PLACE.—Notwithstanding section 302(a) of the 

15 Help America Vote Act of 2002 (52 U.S.C. 21082(a)), if 

16 an individual is registered to vote in elections for Federal 

17 office held in a State, the appropriate election official at 

18 the polling pace for any such election (including a location 

19 used as a polling place on a date other than the date of 

20 the election) shall permit the individual to— 

21 (1) update the individual’s address for purposes 

22 of the records of the election official; 

23 (2) correct any incorrect information relating to 

24 the individual, including the individual’s name and 


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1 political party affiliation, in the records of the elec2 tion official; and 

3 (3) cast a ballot in the election on the basis of 

4 the updated address or corrected information, and to 

5 have the ballot treated as a regular ballot and not 

6 as a provisional ballot under section 302(a) of such 

7 Act. 

8 (b) UPDATES TO COMPUTERIZED STATEWIDE VOTER

9 REGISTRATION LISTS.—If an election official at the poll10 ing place receives an updated address or corrected infor11 mation from an individual under subsection (a), the offi12 cial shall ensure that the address or information is 

13 promptly entered into the computerized Statewide voter 

14 registration list in accordance with section 

15 303(a)(1)(A)(vi) of the Help America Vote Act of 2002 

16 (52 U.S.C. 21083(a)(1)(A)(vi)). 

17 SEC. 1017. PAYMENTS AND GRANTS. 

18 (a) IN GENERAL.—The Election Assistance Commis19 sion shall make grants to each eligible State to assist the 

20 State in implementing the requirements of this part (or, 

21 in the case of an exempt State, in implementing its exist22 ing automatic voter registration program). 

23 (b) ELIGIBILITY; APPLICATION.—A State is eligible 

24 to receive a grant under this section if the State submits 


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1 to the Commission, at such time and in such form as the 

2 Commission may require, an application containing— 

3 (1) a description of the activities the State will 

4 carry out with the grant; 

5 (2) an assurance that the State shall carry out 

6 such activities without partisan bias and without 

7 promoting any particular point of view regarding 

8 any issue; and 

9 (3) such other information and assurances as 

10 the Commission may require. 

11 (c) AMOUNT OF GRANT; PRIORITIES.—The Commis12 sion shall determine the amount of a grant made to an 

13 eligible State under this section. In determining the 

14 amounts of the grants, the Commission shall give priority 

15 to providing funds for those activities which are most like16 ly to accelerate compliance with the requirements of this 

17 part (or, in the case of an exempt State, which are most 

18 likely to enhance the ability of the State to automatically 

19 register individuals to vote through its existing automatic 

20 voter registration program), including— 

21 (1) investments supporting electronic informa22 tion transfer, including electronic collection and 

23 transfer of signatures, between contributing agencies 

24 and the appropriate State election officials; 


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1 (2) updates to online or electronic voter reg2 istration systems already operating as of the date of 

3 the enactment of this Act; 

4 (3) introduction of online voter registration sys5 tems in jurisdictions in which those systems did not 

6 previously exist; and 

7 (4) public education on the availability of new 

8 methods of registering to vote, updating registration, 

9 and correcting registration. 

10 (d) AUTHORIZATION OF APPROPRIATIONS.— 

11 (1) AUTHORIZATION.—There are authorized to 

12 be appropriated to carry out this section— 

13 (A) $500,000,000 for fiscal year 2019; and 

14 (B) such sums as may be necessary for 

15 each succeeding fiscal year. 

16 (2) CONTINUING AVAILABILITY OF FUNDS.— 

17 Any amounts appropriated pursuant to the authority 

18 of this subsection shall remain available without fis19 cal year limitation until expended. 

20 SEC. 1018. TREATMENT OF EXEMPT STATES. 

21 (a) WAIVER OF REQUIREMENTS.—Except as pro22 vided in subsection (b), this part does not apply with re23 spect to an exempt State. 

24 (b) EXCEPTIONS.—The following provisions of this 

25 part apply with respect to an exempt State: 


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1 (1) Section 1016 (relating to registration port2 ability and correction). 

3 (2) Section 1017 (relating to payments and 

4 grants). 

5 (3) Section 1019(e) (relating to enforcement). 

6 (4) Section 1019(f) (relating to relation to 

7 other laws). 

8 SEC. 1019. MISCELLANEOUS PROVISIONS. 

9 (a) ACCESSIBILITY OF REGISTRATION SERVICES.— 

10 Each contributing agency shall ensure that the services 

11 it provides under this part are made available to individ12 uals with disabilities to the same extent as services are 

13 made available to all other individuals. 

14 (b) TRANSMISSION THROUGH SECURE THIRD PARTY

15 PERMITTED.—Nothing in this part shall be construed to 

16 prevent a contributing agency from contracting with a 

17 third party to assist the agency in meeting the information 

18 transmittal requirements of this part, so long as the data 

19 transmittal complies with the applicable requirements of 

20 this part, including the privacy and security provisions of 

21 section 1015. 

22 (c) NONPARTISAN, NONDISCRIMINATORY PROVISION

23 OF SERVICES.—The services made available by contrib24 uting agencies under this part and by the State under sec25 tions 1015 and 1016 shall be made in a manner consistent 


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1 with paragraphs (4), (5), and (6)(C) of section 7(a) of 

2 the National Voter Registration Act of 1993 (52 U.S.C. 

3 20506(a)). 

4 (d) NOTICES.—Each State may send notices under 

5 this part via electronic mail if the individual has provided 

6 an electronic mail address and consented to electronic mail 

7 communications for election-related materials. All notices 

8 sent pursuant to this part that require a response must 

9 offer the individual notified the opportunity to respond at 

10 no cost to the individual. 

11 (e) ENFORCEMENT.—Section 11 of the National 

12 Voter Registration Act of 1993 (52 U.S.C. 20510), relat13 ing to civil enforcement and the availability of private 

14 rights of action, shall apply with respect to this part in 

15 the same manner as such section applies to such Act. 

16 (f) RELATION TO OTHER LAWS.—Except as pro17 vided, nothing in this part may be construed to authorize 

18 or require conduct prohibited under, or to supersede, re19 strict, or limit the application of any of the following: 

20 (1) The Voting Rights Act of 1965 (52 U.S.C. 

21 10301 et seq.). 

22 (2) The Uniformed and Overseas Citizens Ab23 sentee Voting Act (52 U.S.C. 20301 et seq.). 

24 (3) The National Voter Registration Act of 

25 1993 (52 U.S.C. 20501 et seq.). 


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1 (4) The Help America Vote Act of 2002 (52 

2 U.S.C. 20901 et seq.). 

3 SEC. 1020. DEFINITIONS. 

4 In this part, the following definitions apply: 

5 (1) The term ‘‘chief State election official’’ 

6 means, with respect to a State, the individual des7 ignated by the State under section 10 of the Na8 tional Voter Registration Act of 1993 (52 U.S.C. 

9 20509) to be responsible for coordination of the 

10 State’s responsibilities under such Act. 

11 (2) The term ‘‘Commission’’ means the Election 

12 Assistance Commission. 

13 (3) The term ‘‘exempt State’’ means a State 

14 which, under law which is in effect continuously on 

15 and after the date of the enactment of this Act, op16 erates an automatic voter registration program 

17 under which an individual is automatically registered 

18 to vote in elections for Federal office in the State if 

19 the individual provides the motor vehicle authority of 

20 the State (or, in the case of a State in which an in21 dividual is automatically registered to vote at the 

22 time the individual applies for benefits or services 

23 with a Permanent Dividend Fund of the State, pro24 vides the appropriate official of such Fund) with 


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1 such identifying information as the State may re2 quire. 

3 (4) The term ‘‘State’’ means each of the several 

4 States and the District of Columbia. 

5 SEC. 1021. EFFECTIVE DATE. 

6 (a) IN GENERAL.—Except as provided in subsection 

7 (b), this part and the amendments made by this part shall 

8 apply with respect to a State beginning January 1, 2021. 

9 (b) WAIVER.—Subject to the approval of the Com10 mission, if a State certifies to the Commission that the 

11 State will not meet the deadline referred to in subsection 

12 (a) because of extraordinary circumstances and includes 

13 in the certification the reasons for the failure to meet the 

14 deadline, subsection (a) shall apply to the State as if the 

15 reference in such subsection to ‘‘January 1, 2021’’ were 

16 a reference to ‘‘January 1, 2023’’. 

17 PART 3—SAME DAY VOTER REGISTRATION 

18 SEC. 1031. SAME DAY REGISTRATION. 

19 (a) IN GENERAL.—Title III of the Help America 

20 Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended— 

21 (1) by redesignating sections 304 and 305 as 

22 sections 305 and 306; and 

23 (2) by inserting after section 303 the following 

24 new section: 


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1 ‘‘SEC. 304. SAME DAY REGISTRATION. 

2 ‘‘(a) IN GENERAL.— 

3 ‘‘(1) REGISTRATION.—Each State shall permit 

4 any eligible individual on the day of a Federal elec5 tion and on any day when voting, including early 

6 voting, is permitted for a Federal election— 

7 ‘‘(A) to register to vote in such election at 

8 the polling place using a form that meets the 

9 requirements under section 9(b) of the National 

10 Voter Registration Act of 1993 (or, if the indi11 vidual is already registered to vote, to revise 

12 any of the individual’s voter registration infor13 mation); and 

14 ‘‘(B) to cast a vote in such election. 

15 ‘‘(2) EXCEPTION.—The requirements under 

16 paragraph (1) shall not apply to a State in which, 

17 under a State law in effect continuously on and after 

18 the date of the enactment of this section, there is no 

19 voter registration requirement for individuals in the 

20 State with respect to elections for Federal office. 

21 ‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of this 

22 section, the term ‘eligible individual’ means, with respect 

23 to any election for Federal office, an individual who is oth24 erwise qualified to vote in that election. 

25 ‘‘(c) EFFECTIVE DATE.—Each State shall be re26 quired to comply with the requirements of subsection (a) 


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1 for the regularly scheduled general election for Federal of2 fice occurring in November 2020 and for any subsequent 

3 election for Federal office.’’. 

4 (b) CONFORMING AMENDMENT RELATING TO EN5 FORCEMENT.—Section 401 of such Act (52 U.S.C. 21111) 

6 is amended by striking ‘‘sections 301, 302, and 303’’ and 

7 inserting ‘‘subtitle A of title III’’. 

8 (c) CLERICAL AMENDMENT.—The table of contents 

9 of such Act is amended— 

10 (1) by redesignating the items relating to sec11 tions 304 and 305 as relating to sections 305 and 

12 306; and 

13 (2) by inserting after the item relating to sec14 tion 303 the following new item: 

‘‘Sec. 304. Same day registration.’’. 

15 PART 4—CONDITIONS ON REMOVAL ON BASIS OF 

16 INTERSTATE CROSS-CHECKS 

17 SEC. 1041. CONDITIONS ON REMOVAL OF REGISTRANTS 

18 FROM OFFICIAL LIST OF ELIGIBLE VOTERS 

19 ON BASIS OF INTERSTATE CROSS-CHECKS. 

20 (a) MINIMUM INFORMATION REQUIRED FOR RE21 MOVAL UNDER CROSS-CHECK.—Section 8(c)(2) of the 

22 National Voter Registration Act of 1993 (52 U.S.C. 

23 20507(c)(2)) is amended— 

24 (1) by redesignating subparagraph (B) as sub25 paragraph (D); and 


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1 (2) by inserting after subparagraph (A) the fol2 lowing new subparagraphs: 

3 ‘‘(B) To the extent that the program carried out by 

4 a State under subparagraph (A) to systematically remove 

5 the names of ineligible voters from the official lists of eligi6 ble voters uses information obtained in an interstate cross7 check, in addition to any other conditions imposed under 

8 this Act on the authority of the State to remove the name 

9 of the voter from such a list, the State may not remove 

10 the name of the voter from such a list unless— 

11 ‘‘(i) the State obtained the voter’s full name 

12 (including the voter’s middle name, if any) and date 

13 of birth, and the last 4 digits of the voter’s social 

14 security number, in the interstate cross-check; or 

15 ‘‘(ii) the State obtained documentation from the 

16 ERIC system that the voter is no longer a resident 

17 of the State. 

18 ‘‘(C) In this paragraph— 

19 ‘‘(i) the term ‘interstate cross-check’ means the 

20 transmission of information from an election official 

21 in one State to an election official of another State; 

22 and 

23 ‘‘(ii) the term ‘ERIC system’ means the system 

24 operated by the Electronic Registration Information 

25 Center to share voter registration information and 


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1 voter identification information among participating 

2 States.’’. 

3 (b) REQUIRING COMPLETION OF CROSS-CHECKS

4 NOT LATER THAN 6 MONTHS PRIOR TO ELECTION.— 

5 Subparagraph (A) of section 8(c)(2) of such Act (52 

6 U.S.C. 20507(c)(2)) is amended by striking ‘‘not later 

7 than 90 days’’ and inserting the following: ‘‘not later than 

8 90 days (or, in the case of a program in which the State 

9 uses interstate cross-checks, not later than 6 months)’’. 

10 (c) CONFORMING AMENDMENT.—Subparagraph (D) 

11 of section 8(c)(2) of such Act (52 U.S.C. 20507(c)(2)), 

12 as redesignated by subsection (a)(1), is amended by strik13 ing ‘‘Subparagraph (A)’’ and inserting ‘‘This paragraph’’. 

14 (d) EFFECTIVE DATE.—The amendments made by 

15 this Act shall apply with respect to elections held on or 

16 after the expiration of the 6-month period which begins 

17 on the date of the enactment of this Act. 

18 PART 5—OTHER INITIATIVES TO PROMOTE 

19 VOTER REGISTRATION 

20 SEC. 1051. ANNUAL REPORTS ON VOTER REGISTRATION 

21 STATISTICS. 

22 (a) ANNUAL REPORT.—Not later than 90 days after 

23 the end of each year, each State shall submit to the Elec24 tion Assistance Commission and Congress a report conVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 taining the following categories of information for the 

2 year: 

3 (1) The number of individuals who were reg4 istered under part 2. 

5 (2) The number of voter registration applica6 tion forms completed by individuals that were trans7 mitted by motor vehicle authorities in the State 

8 (pursuant to section 5(d) of the National Voter Reg9 istration Act of 1993) and voter registration agen10 cies in the State (as designated under section 7 of 

11 such Act) to the chief State election official of the 

12 State, broken down by each such authority and 

13 agency. 

14 (3) The number of such individuals whose voter 

15 registration application forms were accepted and 

16 who were registered to vote in the State and the 

17 number of such individuals whose forms were re18 jected and who were not registered to vote in the 

19 State, broken down by each such authority and 

20 agency. 

21 (4) The number of change of address forms and 

22 other forms of information indicating that an indi23 vidual’s identifying information has been changed 

24 that were transmitted by such motor vehicle authori25 ties and voter registration agencies to the chief State 


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1 election official of the State, broken down by each 

2 such authority and agency and the type of form 

3 transmitted. 

4 (5) The number of individuals on the Statewide 

5 computerized voter registration list (as established 

6 and maintained under section 303 of the Help 

7 America Vote Act of 2002) whose voter registration 

8 information was revised by the chief State election 

9 official as a result of the forms transmitted to the 

10 official by such motor vehicle authorities and voter 

11 registration agencies (as described in paragraph 

12 (3)), broken down by each such authority and agen13 cy and the type of form transmitted. 

14 (6) The number of individuals who requested 

15 the chief State election official to revise voter reg16 istration information on such list, and the number of 

17 individuals whose information was revised as a result 

18 of such a request. 

19 (b) BREAKDOWN OF INFORMATION.—In preparing 

20 the report under this section, the State shall, for each cat21 egory of information described in subsection (a), include 

22 a breakdown by race, ethnicity, age, and gender of the 

23 individuals whose information is included in the category, 

24 to the extent that information on the race, ethnicity, age, 

25 and gender of such individuals is available to the State. 


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1 (c) CONFIDENTIALITY OF INFORMATION.—In pre2 paring and submitting a report under this section, the 

3 chief State election official shall ensure that no informa4 tion regarding the identification of any individual is re5 vealed. 

6 (d) STATE DEFINED.—In this section, a ‘‘State’’ in7 cludes the District of Columbia, the Commonwealth of 

8 Puerto Rico, the United States Virgin Islands, Guam, 

9 American Samoa, and the Commonwealth of the Northern 

10 Mariana Islands, but does not include any State in which, 

11 under a State law in effect continuously on and after the 

12 date of the enactment of this Act, there is no voter reg13 istration requirement for individuals in the State with re14 spect to elections for Federal office. 

15 SEC. 1052. ENSURING PRE-ELECTION REGISTRATION DEAD16 LINES ARE CONSISTENT WITH TIMING OF 

17 LEGAL PUBLIC HOLIDAYS. 

18 (a) IN GENERAL.—Section 8(a)(1) of the National 

19 Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)) 

20 is amended by striking ‘‘30 days’’ each place it appears 

21 and inserting ‘‘28 days’’. 

22 (b) EFFECTIVE DATE.—The amendment made by 

23 subsection (a) shall apply with respect to elections held 

24 in 2020 or any succeeding year. 


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1 SEC. 1053. USE OF POSTAL SERVICE HARD COPY CHANGE 

2 OF ADDRESS FORM TO REMIND INDIVIDUALS 

3 TO UPDATE VOTER REGISTRATION. 

4 (a) IN GENERAL.—Not later than 1 year after the 

5 date of the enactment of this Act, the Postmaster General 

6 shall modify any hard copy change of address form used 

7 by the United States Postal Service so that such form con8 tains a reminder that any individual using such form 

9 should update the individual’s voter registration as a re10 sult of any change in address. 

11 (b) APPLICATION.—The requirement in subsection 

12 (a) shall not apply to any electronic version of a change 

13 of address form used by the United States Postal Service. 

14 SEC. 1054. GRANTS TO STATES FOR ACTIVITIES TO EN15 COURAGE INVOLVEMENT OF MINORS IN 

16 ELECTION ACTIVITIES. 

17 (a) GRANTS.— 

18 (1) IN GENERAL.—The Election Assistance 

19 Commission (hereafter in this section referred to as 

20 the ‘‘Commission’’) shall make grants to eligible 

21 States to enable such States to carry out a plan to 

22 increase the involvement of individuals under 18 

23 years of age in public election activities in the State. 

24 (2) CONTENTS OF PLANS.—A State’s plan 

25 under this subsection shall include— 


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1 (A) methods to promote the use of pre-reg2 istration processes; 

3 (B) modifications to the curriculum of sec4 ondary schools in the State to promote civic en5 gagement; and 

6 (C) such other activities to encourage the 

7 involvement of young people in the electoral 

8 process as the State considers appropriate. 

9 (b) ELIGIBILITY.—A State is eligible to receive a 

10 grant under this section if the State submits to the Com11 mission, at such time and in such form as the Commission 

12 may require, an application containing— 

13 (1) a description of the State’s plan under sub14 section (a); 

15 (2) a description of the performance measures 

16 and targets the State will use to determine its suc17 cess in carrying out the plan; and 

18 (3) such other information and assurances as 

19 the Commission may require. 

20 (c) PERIOD OF GRANT; REPORT.— 

21 (1) PERIOD OF GRANT.—A State receiving a 

22 grant under this section shall use the funds provided 

23 by the grant over a 2-year period agreed to between 

24 the State and the Commission. 


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1 (2) REPORT.—Not later than 6 months after 

2 the end of the 2-year period agreed to under para3 graph (1), the State shall submit to the Commission 

4 a report on the activities the State carried out with 

5 the funds provided by the grant, and shall include 

6 in the report an analysis of the extent to which the 

7 State met the performance measures and targets in8 cluded in its application under subsection (b)(2). 

9 (d) STATE DEFINED.—In this section, the term 

10 ‘‘State’’ means each of the several States and the District 

11 of Columbia. 

12 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated for grants under this 

14 section $25,000,000, to remain available until expended. 

15 PART 6—AVAILABILITY OF HAVA REQUIREMENTS 

16 PAYMENTS 

17 SEC. 1061. AVAILABILITY OF REQUIREMENTS PAYMENTS 

18 UNDER HAVA TO COVER COSTS OF COMPLI19 ANCE WITH NEW REQUIREMENTS. 

20 (a) IN GENERAL.—Section 251(b) of the Help Amer21 ica Vote Act of 2002 (52 U.S.C. 21001(b)) is amended— 

22 (1) in paragraph (1), by striking ‘‘as provided 

23 in paragraphs (2) and (3)’’ and inserting ‘‘as other24 wise provided in this subsection’’; and 


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1 (2) by adding at the end the following new 

2 paragraph: 

3 ‘‘(4) CERTAIN VOTER REGISTRATION ACTIVI4 TIES.—A State may use a requirements payment to 

5 carry out any of the requirements of the Voter Reg6 istration Modernization Act of 2019, including the 

7 requirements of the National Voter Registration Act 

8 of 1993 which are imposed pursuant to the amend9 ments made to such Act by the Voter Registration 

10 Modernization Act of 2019.’’. 

11 (b) CONFORMING AMENDMENT.—Section 254(a)(1) 

12 of such Act (52 U.S.C. 21004(a)(1)) is amended by strik13 ing ‘‘section 251(a)(2)’’ and inserting ‘‘section 

14 251(b)(2)’’. 

15 (c) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply with respect to fiscal year 2018 

17 and each succeeding fiscal year. 

18 PART 7—PROHIBITING INTERFERENCE WITH 

19 VOTER REGISTRATION 

20 SEC. 1071. PROHIBITING HINDERING, INTERFERING WITH, 

21 OR PREVENTING VOTER REGISTRATION. 

22 (a) IN GENERAL.—Chapter 29 of title 18, United 

23 States Code is amended by adding at the end the following 

24 new section: 


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1 ‘‘§ 612. Hindering, interfering with, or preventing 

2 registering to vote 

3 ‘‘(a) PROHIBITION.—It shall be unlawful for any per4 son, whether acting under color of law or otherwise, to 

5 corruptly hinder, interfere with, or prevent another person 

6 from registering to vote or to corruptly hinder, interfere 

7 with, or prevent another person from aiding another per8 son in registering to vote. 

9 ‘‘(b) ATTEMPT.—Any person who attempts to commit 

10 any offense described in subsection (a) shall be subject to 

11 the same penalties as those prescribed for the offense that 

12 the person attempted to commit. 

13 ‘‘(c) PENALTY.—Any person who violates subsection 

14 (a) shall be fined under this title, imprisoned not more 

15 than 5 years, or both.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 for chapter 29 of title 18, United States Code is amended 

18 by adding at the end the following new item: 

‘‘612. Hindering, interfering with, or preventing registering to vote.’’. 

19 (c) EFFECTIVE DATE.—The amendments made by 

20 this section shall apply with respect to elections held on 

21 or after the date of the enactment of this Act, except that 

22 no person may be found to have violated section 612 of 

23 title 18, United States Code (as added by subsection (a)), 

24 on the basis of any act occurring prior to the date of the 

25 enactment of this Act. 


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1 SEC. 1072. ESTABLISHMENT OF BEST PRACTICES. 

2 (a) BEST PRACTICES.—Not later than 180 days after 

3 the date of the enactment of this Act, the Election Assist4 ance Commission shall develop and publish recommenda5 tions for best practices for States to use to deter and pre6 vent violations of section 612 of title 18, United States 

7 Code (as added by section 1071), and section 12 of the 

8 National Voter Registration Act of 1993 (52 U.S.C. 

9 20511) (relating to the unlawful interference with reg10 istering to vote, or voting, or attempting to register to vote 

11 or vote), including practices to provide for the posting of 

12 relevant information at polling places and voter registra13 tion agencies under such Act, the training of poll workers 

14 and election officials, and relevant educational materials. 

15 For purposes of this subsection, the term ‘‘State’’ includes 

16 the District of Columbia, the Commonwealth of Puerto 

17 Rico, Guam, American Samoa, the United States Virgin 

18 Islands, and the Commonwealth of the Northern Mariana 

19 Islands. 

20 (b) INCLUSION IN VOTER INFORMATION REQUIRE21 MENTS.—Section 302(b)(2) of the Help America Vote Act 

22 of 2002 (52 U.S.C. 21082(b)(2)) is amended— 

23 (1) by striking ‘‘and’’ at the end of subpara24 graph (E); 

25 (2) by striking the period at the end of sub26 paragraph (F) and inserting ‘‘; and’’; and 


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1 (3) by adding at the end the following new sub2 paragraph: 

3 ‘‘(G) information relating to the prohibi4 tions of section 612 of title 18, United States 

5 Code, and section 12 of the National Voter 

6 Registration Act of 1993 (52 U.S.C. 20511) 

7 (relating to the unlawful interference with reg8 istering to vote, or voting, or attempting to reg9 ister to vote or vote), including information on 

10 how individuals may report allegations of viola11 tions of such prohibitions.’’. 

12 PART 8—VOTER REGISTRATION EFFICIENCY ACT 

13 SEC. 1081. SHORT TITLE. 

14 This part may be cited as the ‘‘Voter Registration 

15 Efficiency Act’’. 

16 SEC. 1082. REQUIRING APPLICANTS FOR MOTOR VEHICLE 

17 DRIVER’S LICENSES IN NEW STATE TO INDI18 CATE WHETHER STATE SERVES AS RESI19 DENCE FOR VOTER REGISTRATION PUR20 POSES. 

21 (a) REQUIREMENTS FOR APPLICANTS FOR LI22 CENSES.—Section 5(d) of the National Voter Registration 

23 Act of 1993 (52 U.S.C. 20504(d)) is amended— 

24 (1) by striking ‘‘Any change’’ and inserting 

25 ‘‘(1) Any change’’; and 


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1 (2) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2)(A) A State motor vehicle authority shall 

4 require each individual applying for a motor vehicle 

5 driver’s license in the State— 

6 ‘‘(i) to indicate whether the individual re7 sides in another State or resided in another 

8 State prior to applying for the license, and, if 

9 so, to identify the State involved; and 

10 ‘‘(ii) to indicate whether the individual in11 tends for the State to serve as the individual’s 

12 residence for purposes of registering to vote in 

13 elections for Federal office. 

14 ‘‘(B) If pursuant to subparagraph (A)(ii) an in15 dividual indicates to the State motor vehicle author16 ity that the individual intends for the State to serve 

17 as the individual’s residence for purposes of reg18 istering to vote in elections for Federal office, the 

19 authority shall notify the motor vehicle authority of 

20 the State identified by the individual pursuant to 

21 subparagraph (A)(i), who shall notify the chief State 

22 election official of such State that the individual no 

23 longer intends for that State to serve as the individ24 ual’s residence for purposes of registering to vote in 

25 elections for Federal office.’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall take effect with respect to elections 

3 occurring in 2019 or any succeeding year. 

4 PART 9—PROVIDING VOTER REGISTRATION IN5 FORMATION TO SECONDARY SCHOOL STU6 DENTS 

7 SEC. 1091. PILOT PROGRAM FOR PROVIDING VOTER REG8 ISTRATION INFORMATION TO SECONDARY 

9 SCHOOL STUDENTS PRIOR TO GRADUATION. 

10 (a) PILOT PROGRAM.—The Election Assistance Com11 mission (hereafter in this part referred to as the ‘‘Commis12 sion’’) shall carry out a pilot program under which the 

13 Commission shall provide funds during the one-year period 

14 beginning after the date of the enactment of this part to 

15 eligible local educational agencies for initiatives to provide 

16 information on registering to vote in elections for public 

17 office to secondary school students in the 12th grade. 

18 (b) ELIGIBILITY.—A local educational agency is eligi19 ble to receive funds under the pilot program under this 

20 part if the agency submits to the Commission, at such 

21 time and in such form as the Commission may require, 

22 an application containing— 

23 (1) a description of the initiatives the agency 

24 intends to carry out with the funds; 


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1 (2) an estimate of the costs associated with 

2 such initiatives; and 

3 (3) such other information and assurances as 

4 the Commission may require. 

5 (c) CONSULTATION WITH ELECTION OFFICIALS.—A 

6 local educational agency receiving funds under the pilot 

7 program shall consult with the State and local election of8 ficials who are responsible for administering elections for 

9 public office in the area served by the agency in developing 

10 the initiatives the agency will carry out with the funds. 

11 (d) DEFINITIONS.—In this part, the terms ‘‘local 

12 educational agency’’ and ‘‘secondary school’’ have the 

13 meanings given such terms in section 8101 of the Elemen14 tary and Secondary Education Act of 1965 (20 U.S.C. 

15 7801). 

16 SEC. 1092. REPORTS. 

17 (a) REPORTS BY RECIPIENTS OF FUNDS.—Not later 

18 than the expiration of the 90-day period which begins on 

19 the date of the receipt of the funds, each local educational 

20 agency receiving funds under the pilot program under this 

21 part shall submit a report to the Commission describing 

22 the initiatives carried out with the funds and analyzing 

23 their effectiveness. 

24 (b) REPORT BY COMMISSION.—Not later than the ex25 piration of the 60-day period which begins on the date 


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1 the Commission receives the final report submitted by a 

2 local educational agency under subsection (a), the Com3 mission shall submit a report to Congress on the pilot pro4 gram under this part. 

5 SEC. 1093. AUTHORIZATION OF APPROPRIATIONS. 

6 There are authorized to be appropriated such sums 

7 as may be necessary to carry out this part. 

8 PART 10—VOTER REGISTRATION OF MINORS 

9 SEC. 1094. ACCEPTANCE OF VOTER REGISTRATION APPLI10 CATIONS FROM INDIVIDUALS UNDER 18 

11 YEARS OF AGE. 

12 (a) ACCEPTANCE OF APPLICATIONS.—Section 8 of 

13 the National Voter Registration Act of 1993 (52 U.S.C. 

14 20507) is amended— 

15 (1) by redesignating subsection (k), as redesig16 nated by section 1004, as subsection (l); and 

17 (2) by inserting after subsection (j), as inserted 

18 by such section 1004, the following new subsection: 

19 ‘‘(k) ACCEPTANCE OF APPLICATIONS FROM INDIVID20 UALS UNDER 18 YEARS OF AGE.— 

21 ‘‘(1) IN GENERAL.—A State may not refuse to 

22 accept or process an individual’s application to reg23 ister to vote in elections for Federal office on the 

24 grounds that the individual is under 18 years of age 

25 at the time the individual submits the application, so 


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1 long as the individual is at least 16 years of age at 

2 such time. 

3 ‘‘(2) NO EFFECT ON STATE VOTING AGE RE4 QUIREMENTS.—Nothing in paragraph (1) may be 

5 construed to require a State to permit an individual 

6 who is under 18 years of age at the time of an elec7 tion for Federal office to vote in the election.’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) shall apply with respect to elections occur10 ring on or after January 1, 2020. 

11 Subtitle B—Access to Voting for 

12 Individuals With Disabilities 

13 SEC. 1101. REQUIREMENTS FOR STATES TO PROMOTE AC14 CESS TO VOTER REGISTRATION AND VOTING 

15 FOR INDIVIDUALS WITH DISABILITIES. 

16 (a) REQUIREMENTS.—Subtitle A of title III of the 

17 Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), 

18 as amended by section 1031(a), is amended— 

19 (1) by redesignating sections 305 and 306 as 

20 sections 306 and 307; and 

21 (2) by inserting after section 304 the following 

22 new section: 


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1 ‘‘SEC. 305. ACCESS TO VOTER REGISTRATION AND VOTING 

2 FOR INDIVIDUALS WITH DISABILITIES. 

3 ‘‘(a) TREATMENT OF APPLICATIONS AND BAL4 LOTS.—Each State shall— 

5 ‘‘(1) permit individuals with disabilities to use 

6 absentee registration procedures and to vote by ab7 sentee ballot in elections for Federal office; 

8 ‘‘(2) accept and process, with respect to any 

9 election for Federal office, any otherwise valid voter 

10 registration application and absentee ballot applica11 tion from an individual with a disability if the appli12 cation is received by the appropriate State election 

13 official within the deadline for the election which is 

14 applicable under Federal law; 

15 ‘‘(3) in addition to any other method of reg16 istering to vote or applying for an absentee ballot in 

17 the State, establish procedures— 

18 ‘‘(A) for individuals with disabilities to re19 quest by mail and electronically voter registra20 tion applications and absentee ballot applica21 tions with respect to elections for Federal office 

22 in accordance with subsection (c); 

23 ‘‘(B) for States to send by mail and elec24 tronically (in accordance with the preferred 

25 method of transmission designated by the indi26 vidual under subparagraph (C)) voter registraVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 tion applications and absentee ballot applica2 tions requested under subparagraph (A) in ac3 cordance with subsection (c); and 

4 ‘‘(C) by which such an individual can des5 ignate whether the individual prefers that such 

6 voter registration application or absentee ballot 

7 application be transmitted by mail or electroni8 cally; 

9 ‘‘(4) in addition to any other method of trans10 mitting blank absentee ballots in the State, establish 

11 procedures for transmitting by mail and electroni12 cally blank absentee ballots to individuals with dis13 abilities with respect to elections for Federal office 

14 in accordance with subsection (d); 

15 ‘‘(5) transmit a validly requested absentee bal16 lot to an individual with a disability— 

17 ‘‘(A) except as provided in subsection (e), 

18 in the case in which the request is received at 

19 least 45 days before an election for Federal of20 fice, not later than 45 days before the election; 

21 and 

22 ‘‘(B) in the case in which the request is re23 ceived less than 45 days before an election for 

24 Federal office— 

25 ‘‘(i) in accordance with State law; and 


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1 ‘‘(ii) if practicable and as determined 

2 appropriate by the State, in a manner that 

3 expedites the transmission of such absen4 tee ballot; and 

5 ‘‘(6) if the State declares or otherwise holds a 

6 runoff election for Federal office, establish a written 

7 plan that provides absentee ballots are made avail8 able to individuals with disabilities in a manner that 

9 gives them sufficient time to vote in the runoff elec10 tion. 

11 ‘‘(b) DESIGNATION OF SINGLE STATE OFFICE TO

12 PROVIDE INFORMATION ON REGISTRATION AND ABSEN13 TEE BALLOT PROCEDURES FOR ALL DISABLED VOTERS

14 IN STATE.—Each State shall designate a single office 

15 which shall be responsible for providing information re16 garding voter registration procedures and absentee ballot 

17 procedures to be used by individuals with disabilities with 

18 respect to elections for Federal office to all individuals 

19 with disabilities who wish to register to vote or vote in 

20 any jurisdiction in the State. 

21 ‘‘(c) DESIGNATION OF MEANS OF ELECTRONIC COM22 MUNICATION FOR INDIVIDUALS WITH DISABILITIES TO

23 REQUEST AND FOR STATES TO SEND VOTER REGISTRA24 TION APPLICATIONS AND ABSENTEE BALLOT APPLICAVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 TIONS, AND FOR OTHER PURPOSES RELATED TO VOTING

2 INFORMATION.— 

3 ‘‘(1) IN GENERAL.—Each State shall, in addi4 tion to the designation of a single State office under 

5 subsection (b), designate not less than 1 means of 

6 electronic communication— 

7 ‘‘(A) for use by individuals with disabilities 

8 who wish to register to vote or vote in any ju9 risdiction in the State to request voter registra10 tion applications and absentee ballot applica11 tions under subsection (a)(3); 

12 ‘‘(B) for use by States to send voter reg13 istration applications and absentee ballot appli14 cations requested under such subsection; and 

15 ‘‘(C) for the purpose of providing related 

16 voting, balloting, and election information to in17 dividuals with disabilities. 

18 ‘‘(2) CLARIFICATION REGARDING PROVISION OF

19 MULTIPLE MEANS OF ELECTRONIC COMMUNICA20 TION.—A State may, in addition to the means of 

21 electronic communication so designated, provide 

22 multiple means of electronic communication to indi23 viduals with disabilities, including a means of elec24 tronic communication for the appropriate jurisdic25 tion of the State. 


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1 ‘‘(3) INCLUSION OF DESIGNATED MEANS OF

2 ELECTRONIC COMMUNICATION WITH INFORMA3 TIONAL AND INSTRUCTIONAL MATERIALS THAT AC4 COMPANY BALLOTING MATERIALS.—Each State shall 

5 include a means of electronic communication so des6 ignated with all informational and instructional ma7 terials that accompany balloting materials sent by 

8 the State to individuals with disabilities. 

9 ‘‘(4) TRANSMISSION IF NO PREFERENCE INDI10 CATED.—In the case where an individual with a dis11 ability does not designate a preference under sub12 section (a)(3)(C), the State shall transmit the voter 

13 registration application or absentee ballot application 

14 by any delivery method allowable in accordance with 

15 applicable State law, or if there is no applicable 

16 State law, by mail. 

17 ‘‘(d) TRANSMISSION OF BLANK ABSENTEE BALLOTS

18 BY MAIL AND ELECTRONICALLY.— 

19 ‘‘(1) IN GENERAL.—Each State shall establish 

20 procedures— 

21 ‘‘(A) to securely transmit blank absentee 

22 ballots by mail and electronically (in accordance 

23 with the preferred method of transmission des24 ignated by the individual with a disability under 


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1 subparagraph (B)) to individuals with disabil2 ities for an election for Federal office; and 

3 ‘‘(B) by which the individual with a dis4 ability can designate whether the individual pre5 fers that such blank absentee ballot be trans6 mitted by mail or electronically. 

7 ‘‘(2) TRANSMISSION IF NO PREFERENCE INDI8 CATED.—In the case where an individual with a dis9 ability does not designate a preference under para10 graph (1)(B), the State shall transmit the ballot by 

11 any delivery method allowable in accordance with ap12 plicable State law, or if there is no applicable State 

13 law, by mail. 

14 ‘‘(3) APPLICATION OF METHODS TO TRACK DE15 LIVERY TO AND RETURN OF BALLOT BY INDIVIDUAL

16 REQUESTING BALLOT.—Under the procedures estab17 lished under paragraph (1), the State shall apply 

18 such methods as the State considers appropriate, 

19 such as assigning a unique identifier to the ballot, 

20 to ensure that if an individual with a disability re21 quests the State to transmit a blank absentee ballot 

22 to the individual in accordance with this subsection, 

23 the voted absentee ballot which is returned by the 

24 individual is the same blank absentee ballot which 

25 the State transmitted to the individual. 


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1 ‘‘(e) HARDSHIP EXEMPTION.— 

2 ‘‘(1) IN GENERAL.—If the chief State election 

3 official determines that the State is unable to meet 

4 the requirement under subsection (a)(5)(A) with re5 spect to an election for Federal office due to an 

6 undue hardship described in paragraph (2)(B), the 

7 chief State election official shall request that the At8 torney General grant a waiver to the State of the 

9 application of such subsection. Such request shall in10 clude— 

11 ‘‘(A) a recognition that the purpose of 

12 such subsection is to individuals with disabil13 ities enough time to vote in an election for Fed14 eral office; 

15 ‘‘(B) an explanation of the hardship that 

16 indicates why the State is unable to transmit 

17 such individuals an absentee ballot in accord18 ance with such subsection; 

19 ‘‘(C) the number of days prior to the elec20 tion for Federal office that the State requires 

21 absentee ballots be transmitted to such individ22 uals; and 

23 ‘‘(D) a comprehensive plan to ensure that 

24 such individuals are able to receive absentee 

25 ballots which they have requested and submit 


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1 marked absentee ballots to the appropriate 

2 State election official in time to have that ballot 

3 counted in the election for Federal office, which 

4 includes— 

5 ‘‘(i) the steps the State will undertake 

6 to ensure that such individuals have time 

7 to receive, mark, and submit their ballots 

8 in time to have those ballots counted in the 

9 election; 

10 ‘‘(ii) why the plan provides such indi11 viduals sufficient time to vote as a sub12 stitute for the requirements under such 

13 subsection; and 

14 ‘‘(iii) the underlying factual informa15 tion which explains how the plan provides 

16 such sufficient time to vote as a substitute 

17 for such requirements. 

18 ‘‘(2) APPROVAL OF WAIVER REQUEST.—The 

19 Attorney General shall approve a waiver request 

20 under paragraph (1) if the Attorney General deter21 mines each of the following requirements are met: 

22 ‘‘(A) The comprehensive plan under sub23 paragraph (D) of such paragraph provides indi24 viduals with disabilities sufficient time to re25 ceive absentee ballots they have requested and 


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1 submit marked absentee ballots to the appro2 priate State election official in time to have that 

3 ballot counted in the election for Federal office. 

4 ‘‘(B) One or more of the following issues 

5 creates an undue hardship for the State: 

6 ‘‘(i) The State’s primary election date 

7 prohibits the State from complying with 

8 subsection (a)(5)(A). 

9 ‘‘(ii) The State has suffered a delay in 

10 generating ballots due to a legal contest. 

11 ‘‘(iii) The State Constitution prohibits 

12 the State from complying with such sub13 section. 

14 ‘‘(3) TIMING OF WAIVER.— 

15 ‘‘(A) IN GENERAL.—Except as provided 

16 under subparagraph (B), a State that requests 

17 a waiver under paragraph (1) shall submit to 

18 the Attorney General the written waiver request 

19 not later than 90 days before the election for 

20 Federal office with respect to which the request 

21 is submitted. The Attorney General shall ap22 prove or deny the waiver request not later than 

23 65 days before such election. 

24 ‘‘(B) EXCEPTION.—If a State requests a 

25 waiver under paragraph (1) as the result of an 


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1 undue hardship described in paragraph 

2 (2)(B)(ii), the State shall submit to the Attor3 ney General the written waiver request as soon 

4 as practicable. The Attorney General shall ap5 prove or deny the waiver request not later than 

6 5 business days after the date on which the re7 quest is received. 

8 ‘‘(4) APPLICATION OF WAIVER.—A waiver ap9 proved under paragraph (2) shall only apply with re10 spect to the election for Federal office for which the 

11 request was submitted. For each subsequent election 

12 for Federal office, the Attorney General shall only 

13 approve a waiver if the State has submitted a re14 quest under paragraph (1) with respect to such elec15 tion. 

16 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec17 tion may be construed to allow the marking or casting of 

18 ballots over the internet. 

19 ‘‘(g) INDIVIDUAL WITH A DISABILITY DEFINED.— 

20 In this section, an ‘individual with a disability’ means an 

21 individual with an impairment that substantially limits 

22 any major life activities and who is otherwise qualified to 

23 vote in elections for Federal office. 


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1 ‘‘(h) EFFECTIVE DATE.—This section shall apply 

2 with respect to elections for Federal office held on or after 

3 January 1, 2020.’’. 

4 (b) CONFORMING AMENDMENT RELATING TO

5 ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION AS6 SISTANCE COMMISSION.—Section 311(b) of such Act (52 

7 U.S.C. 21101(b)) is amended— 

8 (1) by striking ‘‘and’’ at the end of paragraph 

9 (2); 

10 (2) by striking the period at the end of para11 graph (3) and inserting ‘‘; and’’; and 

12 (3) by adding at the end the following new 

13 paragraph: 

14 ‘‘(4) in the case of the recommendations with 

15 respect to section 305, January 1, 2020.’’. 

16 (c) CLERICAL AMENDMENT.—The table of contents 

17 of such Act, as amended by section 1031(c), is amended— 

18 (1) by redesignating the items relating to sec19 tions 305 and 306 as relating to sections 306 and 

20 307; and 

21 (2) by inserting after the item relating to sec22 tion 304 the following new item: 

‘‘Sec. 305. Access to voter registration and voting for individuals with disabilities.’’. 


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1 SEC. 1102. EXPANSION AND REAUTHORIZATION OF GRANT 

2 PROGRAM TO ASSURE VOTING ACCESS FOR 

3 INDIVIDUALS WITH DISABILITIES. 

4 (a) PURPOSES OF PAYMENTS.—Section 261(b) of the 

5 Help America Vote Act of 2002 (52 U.S.C. 21021(b)) is 

6 amended by striking paragraphs (1) and (2) and inserting 

7 the following: 

8 ‘‘(1) making absentee voting and voting at 

9 home accessible to individuals with the full range of 

10 disabilities (including impairments involving vision, 

11 hearing, mobility, or dexterity) through the imple12 mentation of accessible absentee voting systems that 

13 work in conjunction with assistive technologies for 

14 which individuals have access at their homes, inde15 pendent living centers, or other facilities; 

16 ‘‘(2) making polling places, including the path 

17 of travel, entrances, exits, and voting areas of each 

18 polling facility, accessible to individuals with disabil19 ities, including the blind and visually impaired, in a 

20 manner that provides the same opportunity for ac21 cess and participation (including privacy and inde22 pendence) as for other voters; and 

23 ‘‘(3) providing solutions to problems of access 

24 to voting and elections for individuals with disabil25 ities that are universally designed and provide the 


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1 same opportunities for individuals with and without 

2 disabilities.’’. 

3 (b) REAUTHORIZATION.—Section 264(a) of such Act 

4 (52 U.S.C. 21024(a)) is amended by adding at the end 

5 the following new paragraph: 

6 ‘‘(4) For fiscal year 2020 and each succeeding 

7 fiscal year, such sums as may be necessary to carry 

8 out this part.’’. 

9 (c) PERIOD OF AVAILABILITY OF FUNDS.—Section 

10 264 of such Act (52 U.S.C. 21024) is amended— 

11 (1) in subsection (b), by striking ‘‘Any 

12 amounts’’ and inserting ‘‘Except as provided in sub13 section (b), any amounts’’; and 

14 (2) by adding at the end the following new sub15 section: 

16 ‘‘(c) RETURN AND TRANSFER OF CERTAIN FUNDS.— 

17 ‘‘(1) DEADLINE FOR OBLIGATION AND EXPEND18 ITURE.—In the case of any amounts appropriated 

19 pursuant to the authority of subsection (a) for a 

20 payment to a State or unit of local government for 

21 fiscal year 2020 or any succeeding fiscal year, any 

22 portion of such amounts which have not been obli23 gated or expended by the State or unit of local gov24 ernment prior to the expiration of the 4-year period 

25 which begins on the date the State or unit of local 


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1 government first received the amounts shall be 

2 transferred to the Commission. 

3 ‘‘(2) REALLOCATION OF TRANSFERRED

4 AMOUNTS.— 

5 ‘‘(A) IN GENERAL.—The Commission shall 

6 use the amounts transferred under paragraph 

7 (1) to make payments on a pro rata basis to 

8 each covered payment recipient described in 

9 subparagraph (B), which may obligate and ex10 pend such payment for the purposes described 

11 in section 261(b) during the 1-year period 

12 which begins on the date of receipt. 

13 ‘‘(B) COVERED PAYMENT RECIPIENTS DE14 SCRIBED.—In subparagraph (A), a ‘covered 

15 payment recipient’ is a State or unit of local 

16 government with respect to which— 

17 ‘‘(i) amounts were appropriated pur18 suant to the authority of subsection (a); 

19 and 

20 ‘‘(ii) no amounts were transferred to 

21 the Commission under paragraph (1).’’. 


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1 SEC. 1103. PILOT PROGRAMS FOR ENABLING INDIVIDUALS 

2 WITH DISABILITIES TO REGISTER TO VOTE 

3 PRIVATELY AND INDEPENDENTLY AT RESI4 DENCES. 

5 (a) ESTABLISHMENT OF PILOT PROGRAMS.—The 

6 Election Assistance Commission (hereafter referred to as 

7 the ‘‘Commission’’) shall, subject to the availability of ap8 propriations to carry out this section, make grants to eligi9 ble States to conduct pilot programs under which individ10 uals with disabilities may use electronic means (including 

11 the internet and telephones utilizing assistive devices) to 

12 register to vote and to request and receive absentee ballots 

13 in a manner which permits such individuals to do so pri14 vately and independently at their own residences. 

15 (b) REPORTS.— 

16 (1) IN GENERAL.—A State receiving a grant for 

17 a year under this section shall submit a report to the 

18 Commission on the pilot programs the State carried 

19 out with the grant with respect to elections for pub20 lic office held in the State during the year. 

21 (2) DEADLINE.—A State shall submit a report 

22 under paragraph (1) not later than 90 days after 

23 the last election for public office held in the State 

24 during the year. 

25 (c) ELIGIBILITY.—A State is eligible to receive a 

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1 mission, at such time and in such form as the Commission 

2 may require, an application containing such information 

3 and assurances as the Commission may require. 

4 (d) TIMING.—The Commission shall make the first 

5 grants under this section for pilot programs which will be 

6 in effect with respect to elections for Federal office held 

7 in 2020, or, at the option of a State, with respect to other 

8 elections for public office held in the State in 2020. 

9 (e) STATE DEFINED.—In this section, the term 

10 ‘‘State’’ includes the District of Columbia, the Common11 wealth of Puerto Rico, Guam, American Samoa, the 

12 United States Virgin Islands, and the Commonwealth of 

13 the Northern Mariana Islands. 

14 SEC. 1104. GAO ANALYSIS AND REPORT ON VOTING ACCESS 

15 FOR INDIVIDUALS WITH DISABILITIES. 

16 (a) ANALYSIS.—The Comptroller General of the 

17 United States shall conduct an analysis after each regu18 larly scheduled general election for Federal office with re19 spect to the following: 

20 (1) In relation to polling places located in 

21 houses of worship or other facilities that may be ex22 empt from accessibility requirements under the 

23 Americans with Disabilities Act— 

24 (A) efforts to overcome accessibility chal25 lenges posed by such facilities; and 


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1 (B) the extent to which such facilities are 

2 used as polling places in elections for Federal 

3 office. 

4 (2) Assistance provided by the Election Assist5 ance Commission, Department of Justice, or other 

6 Federal agencies to help State and local officials im7 prove voting access for individuals with disabilities 

8 during elections for Federal office. 

9 (3) When accessible voting machines are avail10 able at a polling place, the extent to which such ma11 chines— 

12 (A) are located in places that are difficult 

13 to access; 

14 (B) malfunction; or 

15 (C) fail to provide sufficient privacy to en16 sure that the ballot of the individual cannot be 

17 seen by another individual. 

18 (4) The process by which Federal, State, and 

19 local governments track compliance with accessibility 

20 requirements related to voting access, including 

21 methods to receive and address complaints. 

22 (5) The extent to which poll workers receive 

23 training on how to assist individuals with disabil24 ities, including the receipt by such poll workers of 


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1 information on legal requirements related to voting 

2 rights for individuals with disabilities. 

3 (6) The extent and effectiveness of training pro4 vided to poll workers on the operation of accessible 

5 voting machines. 

6 (7) The extent to which individuals with a de7 velopmental or psychiatric disability experience 

8 greater barriers to voting, and whether poll worker 

9 training adequately addresses the needs of such indi10 viduals. 

11 (8) The extent to which State or local govern12 ments employ, or attempt to employ, individuals 

13 with disabilities to work at polling sites. 

14 (b) REPORT.— 

15 (1) IN GENERAL.—Not later than 9 months 

16 after the date of a regularly scheduled general elec17 tion for Federal office, the Comptroller General shall 

18 submit to the appropriate congressional committees 

19 a report with respect to the most recent regularly 

20 scheduled general election for Federal office that 

21 contains the following: 

22 (A) The analysis required by subsection 

23 (a). 

24 (B) Recommendations, as appropriate, to 

25 promote the use of best practices used by State 


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1 and local officials to address barriers to accessi2 bility and privacy concerns for individuals with 

3 disabilities in elections for Federal office. 

4 (2) APPROPRIATE CONGRESSIONAL COMMIT5 TEES.—For purposes of this subsection, the term 

6 ‘‘appropriate congressional committees’’ means— 

7 (A) the Committee on House Administra8 tion of the House of Representatives; 

9 (B) the Committee on Rules and Adminis10 tration of the Senate; 

11 (C) the Committee on Appropriations of 

12 the House of Representatives; and 

13 (D) the Committee on Appropriations of 

14 the Senate. 

15 Subtitle C—Prohibiting Voter 

16 Caging 

17 SEC. 1201. VOTER CAGING AND OTHER QUESTIONABLE 

18 CHALLENGES PROHIBITED. 

19 (a) IN GENERAL.—Chapter 29 of title 18, United 

20 States Code, as amended by section 1071(a), is amended 

21 by adding at the end the following: 

22 ‘‘§ 613. Voter caging and other questionable chal23 lenges 

24 ‘‘(a) DEFINITIONS.—In this section— 

25 ‘‘(1) the term ‘voter caging document’ means— 


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1 ‘‘(A) a nonforwardable document that is 

2 returned to the sender or a third party as unde3 livered or undeliverable despite an attempt to 

4 deliver such document to the address of a reg5 istered voter or applicant; or 

6 ‘‘(B) any document with instructions to an 

7 addressee that the document be returned to the 

8 sender or a third party but is not so returned, 

9 despite an attempt to deliver such document to 

10 the address of a registered voter or applicant, 

11 unless at least two Federal election cycles have 

12 passed since the date of the attempted delivery; 

13 ‘‘(2) the term ‘voter caging list’ means a list of 

14 individuals compiled from voter caging documents; 

15 and 

16 ‘‘(3) the term ‘unverified match list’ means a 

17 list produced by matching the information of reg18 istered voters or applicants for voter registration to 

19 a list of individuals who are ineligible to vote in the 

20 registrar’s jurisdiction, by virtue of death, convic21 tion, change of address, or otherwise; unless one of 

22 the pieces of information matched includes a signa23 ture, photograph, or unique identifying number en24 suring that the information from each source refers 

25 to the same individual. 


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1 ‘‘(b) PROHIBITION AGAINST VOTER CAGING.—No 

2 State or local election official shall prevent an individual 

3 from registering or voting in any election for Federal of4 fice, or permit in connection with any election for Federal 

5 office a formal challenge under State law to an individual’s 

6 registration status or eligibility to vote, if the basis for 

7 such decision is evidence consisting of— 

8 ‘‘(1) a voter caging document or voter caging 

9 list; 

10 ‘‘(2) an unverified match list; 

11 ‘‘(3) an error or omission on any record or 

12 paper relating to any application, registration, or 

13 other act requisite to voting, if such error or omis14 sion is not material to an individual’s eligibility to 

15 vote under section 2004(a)(2)(B) of the Revised 

16 Statutes (52 U.S.C. 10101(a)(2)(B)); or 

17 ‘‘(4) any other evidence so designated for pur18 poses of this section by the Election Assistance Com19 mission, 

20 except that the election official may use such evidence if 

21 it is corroborated by independent evidence of the individ22 ual’s ineligibility to register or vote. 

23 ‘‘(c) REQUIREMENTS FOR CHALLENGES BY PERSONS

24 OTHER THAN ELECTION OFFICIALS.— 


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1 ‘‘(1) REQUIREMENTS FOR CHALLENGES.—No 

2 person, other than a State or local election official, 

3 shall submit a formal challenge to an individual’s eli4 gibility to register to vote in an election for Federal 

5 office or to vote in an election for Federal office un6 less that challenge is supported by personal knowl7 edge regarding the grounds for ineligibility which 

8 is— 

9 ‘‘(A) documented in writing; and 

10 ‘‘(B) subject to an oath or attestation 

11 under penalty of perjury that the challenger has 

12 a good faith factual basis to believe that the in13 dividual who is the subject of the challenge is 

14 ineligible to register to vote or vote in that elec15 tion, except a challenge which is based on the 

16 race, ethnicity, or national origin of the indi17 vidual who is the subject of the challenge may 

18 not be considered to have a good faith factual 

19 basis for purposes of this paragraph. 

20 ‘‘(2) PROHIBITION ON CHALLENGES ON OR

21 NEAR DATE OF ELECTION.—No person, other than 

22 a State or local election official, shall be permitted— 

23 ‘‘(A) to challenge an individual’s eligibility 

24 to vote in an election for Federal office on Elec25 tion Day, or 


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1 ‘‘(B) to challenge an individual’s eligibility 

2 to register to vote in an election for Federal of3 fice or to vote in an election for Federal office 

4 less than 10 days before the election unless the 

5 individual registered to vote less than 20 days 

6 before the election. 

7 ‘‘(d) PENALTIES FOR KNOWING MISCONDUCT.— 

8 Whoever knowingly challenges the eligibility of one or 

9 more individuals to register or vote or knowingly causes 

10 the eligibility of such individuals to be challenged in viola11 tion of this section with the intent that one or more eligi12 ble voters be disqualified, shall be fined under this title 

13 or imprisoned not more than 1 year, or both, for each such 

14 violation. Each violation shall be a separate offense. 

15 ‘‘(e) NO EFFECT ON RELATED LAWS.—Nothing in 

16 this section is intended to override the protections of the 

17 National Voter Registration Act of 1993 (52 U.S.C. 

18 20501 et seq.) or to affect the Voting Rights Act of 1965 

19 (52 U.S.C. 10301 et seq.).’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 for chapter 29 of title 18, United States Code, as amended 

22 by section 1071(b), is amended by adding at the end the 

23 following: 

‘‘613. Voter caging and other questionable challenges.’’. 


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1 SEC. 1202. DEVELOPMENT AND ADOPTION OF BEST PRAC2 TICES FOR PREVENTING VOTER CAGING. 

3 (a) BEST PRACTICES.—Not later than 180 days after 

4 the date of the enactment of this Act, the Election Assist5 ance Commission shall develop and publish for the use of 

6 States recommendations for best practices to deter and 

7 prevent violations of section 613 of title 18, United States 

8 Code, as added by section 1201(a), including practices to 

9 provide for the posting of relevant information at polling 

10 places and voter registration agencies, the training of poll 

11 workers and election officials, and relevant educational 

12 measures. For purposes of this subsection, the term 

13 ‘‘State’’ includes the District of Columbia, the Common14 wealth of Puerto Rico, Guam, American Samoa, the 

15 United States Virgin Islands, and the Commonwealth of 

16 the Northern Mariana Islands. 

17 (b) INCLUSION IN VOTING INFORMATION REQUIRE18 MENTS.—Section 302(b)(2) of the Help America Vote Act 

19 of 2002 (52 U.S.C. 21082(b)(2)), as amended by section 

20 1072(b), is amended— 

21 (1) by striking ‘‘and’’ at the end of subpara22 graph (F); 

23 (2) by striking the period at the end of sub24 paragraph (G) and inserting ‘‘; and’’; and 

25 (3) by adding at the end the following new sub26 paragraph: 


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1 ‘‘(H) information relating to the prohibi2 tion against voter caging and other questionable 

3 challenges (as set forth in section 613 of title 

4 18, United States Code), including information 

5 on how individuals may report allegations of 

6 violations of such prohibition.’’. 

7 Subtitle D—Prohibiting Deceptive 

8 Practices and Preventing Voter 

9 Intimidation 

10 SEC. 1301. SHORT TITLE. 

11 This subtitle may be cited as the ‘‘Deceptive Prac12 tices and Voter Intimidation Prevention Act of 2019’’. 

13 SEC. 1302. PROHIBITION ON DECEPTIVE PRACTICES IN 

14 FEDERAL ELECTIONS. 

15 (a) PROHIBITION.—Subsection (b) of section 2004 of 

16 the Revised Statutes (52 U.S.C. 10101(b)) is amended— 

17 (1) by striking ‘‘No person’’ and inserting the 

18 following: 

19 ‘‘(1) IN GENERAL.—No person’’; and 

20 (2) by inserting at the end the following new 

21 paragraphs: 

22 ‘‘(2) FALSE STATEMENTS REGARDING FEDERAL

23 ELECTIONS.— 

24 ‘‘(A) PROHIBITION.—No person, whether 

25 acting under color of law or otherwise, shall, 


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1 within 60 days before an election described in 

2 paragraph (5), by any means, including by 

3 means of written, electronic, or telephonic com4 munications, communicate or cause to be com5 municated information described in subpara6 graph (B), or produce information described in 

7 subparagraph (B) with the intent that such in8 formation be communicated, if such person— 

9 ‘‘(i) knows such information to be ma10 terially false; and 

11 ‘‘(ii) has the intent to impede or pre12 vent another person from exercising the 

13 right to vote in an election described in 

14 paragraph (5). 

15 ‘‘(B) INFORMATION DESCRIBED.—Infor16 mation is described in this subparagraph if such 

17 information is regarding— 

18 ‘‘(i) the time, place, or manner of 

19 holding any election described in para20 graph (5); or 

21 ‘‘(ii) the qualifications for or restric22 tions on voter eligibility for any such elec23 tion, including— 


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1 ‘‘(I) any criminal penalties asso2 ciated with voting in any such elec3 tion; or 

4 ‘‘(II) information regarding a 

5 voter’s registration status or eligi6 bility. 

7 ‘‘(3) FALSE STATEMENTS REGARDING PUBLIC

8 ENDORSEMENTS.— 

9 ‘‘(A) PROHIBITION.—No person, whether 

10 acting under color of law or otherwise, shall, 

11 within 60 days before an election described in 

12 paragraph (5), by any means, including by 

13 means of written, electronic, or telephonic com14 munications, communicate, or cause to be com15 municated, a materially false statement about 

16 an endorsement, if such person— 

17 ‘‘(i) knows such statement to be false; 

18 and 

19 ‘‘(ii) has the intent to impede or pre20 vent another person from exercising the 

21 right to vote in an election described in 

22 paragraph (5). 

23 ‘‘(B) DEFINITION OF ‘MATERIALLY

24 FALSE’.—For purposes of subparagraph (A), a 

25 statement about an endorsement is ‘materially 


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1 false’ if, with respect to an upcoming election 

2 described in paragraph (5)— 

3 ‘‘(i) the statement states that a spe4 cifically named person, political party, or 

5 organization has endorsed the election of a 

6 specific candidate for a Federal office de7 scribed in such paragraph; and 

8 ‘‘(ii) such person, political party, or 

9 organization has not endorsed the election 

10 of such candidate. 

11 ‘‘(4) HINDERING, INTERFERING WITH, OR PRE12 VENTING VOTING OR REGISTERING TO VOTE.—No 

13 person, whether acting under color of law or other14 wise, shall intentionally hinder, interfere with, or 

15 prevent another person from voting, registering to 

16 vote, or aiding another person to vote or register to 

17 vote in an election described in paragraph (5). 

18 ‘‘(5) ELECTION DESCRIBED.—An election de19 scribed in this paragraph is any general, primary, 

20 run-off, or special election held solely or in part for 

21 the purpose of nominating or electing a candidate 

22 for the office of President, Vice President, Presi23 dential elector, Member of the Senate, Member of 

24 the House of Representatives, or Delegate or Com25 missioner from a Territory or possession.’’. 


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1 (b) PRIVATE RIGHT OF ACTION.— 

2 (1) IN GENERAL.—Subsection (c) of section 

3 2004 of the Revised Statutes (52 U.S.C. 10101(c)) 

4 is amended— 

5 (A) by striking ‘‘Whenever any person’’ 

6 and inserting the following: 

7 ‘‘(1) Whenever any person’’; and 

8 (B) by adding at the end the following new 

9 paragraph: 

10 ‘‘(2) Any person aggrieved by a violation of 

11 subsection (b)(2), (b)(3), or (b)(4) may institute a 

12 civil action for preventive relief, including an appli13 cation in a United States district court for a perma14 nent or temporary injunction, restraining order, or 

15 other order. In any such action, the court, in its dis16 cretion, may allow the prevailing party a reasonable 

17 attorney’s fee as part of the costs.’’. 

18 (2) CONFORMING AMENDMENTS.— 

19 (A) Subsection (e) of section 2004 of the 

20 Revised Statutes (52 U.S.C. 10101(e)) is 

21 amended by striking ‘‘subsection (c)’’ and in22 serting ‘‘subsection (c)(1)’’. 

23 (B) Subsection (g) of section 2004 of the 

24 Revised Statutes (52 U.S.C. 10101(g)) is 


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1 amended by striking ‘‘subsection (c)’’ and in2 serting ‘‘subsection (c)(1)’’. 

3 (c) CRIMINAL PENALTIES.— 

4 (1) DECEPTIVE ACTS.—Section 594 of title 18, 

5 United States Code, is amended— 

6 (A) by striking ‘‘Whoever’’ and inserting 

7 the following: 

8 ‘‘(a) INTIMIDATION.—Whoever’’; 

9 (B) in subsection (a), as inserted by sub10 paragraph (A), by striking ‘‘at any election’’ 

11 and inserting ‘‘at any general, primary, run-off, 

12 or special election’’; and 

13 (C) by adding at the end the following new 

14 subsections: 

15 ‘‘(b) DECEPTIVE ACTS.— 

16 ‘‘(1) FALSE STATEMENTS REGARDING FEDERAL

17 ELECTIONS.— 

18 ‘‘(A) PROHIBITION.—It shall be unlawful 

19 for any person, whether acting under color of 

20 law or otherwise, within 60 days before an elec21 tion described in subsection (e), by any means, 

22 including by means of written, electronic, or tel23 ephonic communications, to communicate or 

24 cause to be communicated information de25 scribed in subparagraph (B), or produce inforVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 mation described in subparagraph (B) with the 

2 intent that such information be communicated, 

3 if such person— 

4 ‘‘(i) knows such information to be ma5 terially false; and 

6 ‘‘(ii) has the intent to mislead voters, 

7 or the intent to impede or prevent another 

8 person from exercising the right to vote in 

9 an election described in subsection (e). 

10 ‘‘(B) INFORMATION DESCRIBED.—Infor11 mation is described in this subparagraph if such 

12 information is regarding— 

13 ‘‘(i) the time or place of holding any 

14 election described in subsection (e); or 

15 ‘‘(ii) the qualifications for or restric16 tions on voter eligibility for any such elec17 tion, including— 

18 ‘‘(I) any criminal penalties asso19 ciated with voting in any such elec20 tion; or 

21 ‘‘(II) information regarding a 

22 voter’s registration status or eligi23 bility. 


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1 ‘‘(2) PENALTY.—Any person who violates para2 graph (1) shall be fined not more than $100,000, 

3 imprisoned for not more than 5 years, or both. 

4 ‘‘(c) HINDERING, INTERFERING WITH, OR PRE5 VENTING VOTING OR REGISTERING TO VOTE.— 

6 ‘‘(1) PROHIBITION.—It shall be unlawful for 

7 any person, whether acting under color of law or 

8 otherwise, to intentionally hinder, interfere with, or 

9 prevent another person from voting, registering to 

10 vote, or aiding another person to vote or register to 

11 vote in an election described in subsection (e). 

12 ‘‘(2) PENALTY.—Any person who violates para13 graph (1) shall be fined not more than $100,000, 

14 imprisoned for not more than 5 years, or both. 

15 ‘‘(d) ATTEMPT.—Any person who attempts to commit 

16 any offense described in subsection (a), (b)(1), or (c)(1) 

17 shall be subject to the same penalties as those prescribed 

18 for the offense that the person attempted to commit. 

19 ‘‘(e) ELECTION DESCRIBED.—An election described 

20 in this subsection is any general, primary, run-off, or spe21 cial election held solely or in part for the purpose of nomi22 nating or electing a candidate for the office of President, 

23 Vice President, Presidential elector, Member of the Sen24 ate, Member of the House of Representatives, or Delegate 

25 or Commissioner from a Territory or possession.’’. 


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1 (2) MODIFICATION OF PENALTY FOR VOTER IN2 TIMIDATION.—Section 594(a) of title 18, United 

3 States Code, as amended by paragraph (1), is 

4 amended by striking ‘‘fined under this title or im5 prisoned not more than one year’’ and inserting 

6 ‘‘fined not more than $100,000, imprisoned for not 

7 more than 5 years’’. 

8 (3) SENTENCING GUIDELINES.— 

9 (A) REVIEW AND AMENDMENT.—Not later 

10 than 180 days after the date of enactment of 

11 this Act, the United States Sentencing Commis12 sion, pursuant to its authority under section 

13 994 of title 28, United States Code, and in ac14 cordance with this section, shall review and, if 

15 appropriate, amend the Federal sentencing 

16 guidelines and policy statements applicable to 

17 persons convicted of any offense under section 

18 594 of title 18, United States Code, as amend19 ed by this section. 

20 (B) AUTHORIZATION.—The United States 

21 Sentencing Commission may amend the Federal 

22 Sentencing Guidelines in accordance with the 

23 procedures set forth in section 21(a) of the Sen24 tencing Act of 1987 (28 U.S.C. 994 note) as 


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1 though the authority under that section had not 

2 expired. 

3 (4) PAYMENTS FOR REFRAINING FROM VOT4 ING.—Subsection (c) of section 11 of the Voting 

5 Rights Act of 1965 (52 U.S.C. 10307) is amended 

6 by striking ‘‘either for registration to vote or for vot7 ing’’ and inserting ‘‘for registration to vote, for vot8 ing, or for not voting’’. 

9 SEC. 1303. CORRECTIVE ACTION. 

10 (a) CORRECTIVE ACTION.— 

11 (1) IN GENERAL.—If the Attorney General re12 ceives a credible report that materially false informa13 tion has been or is being communicated in violation 

14 of paragraphs (2) and (3) of section 2004(b) of the 

15 Revised Statutes (52 U.S.C. 10101(b)), as added by 

16 section 1302(a), and if the Attorney General deter17 mines that State and local election officials have not 

18 taken adequate steps to promptly communicate accu19 rate information to correct the materially false infor20 mation, the Attorney General shall, pursuant to the 

21 written procedures and standards under subsection 

22 (b), communicate to the public, by any means, in23 cluding by means of written, electronic, or telephonic 

24 communications, accurate information designed to 

25 correct the materially false information. 


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1 (2) COMMUNICATION OF CORRECTIVE INFORMA2 TION.—Any information communicated by the Attor3 ney General under paragraph (1)— 

4 (A) shall— 

5 (i) be accurate and objective; 

6 (ii) consist of only the information 

7 necessary to correct the materially false in8 formation that has been or is being com9 municated; and 

10 (iii) to the extent practicable, be by a 

11 means that the Attorney General deter12 mines will reach the persons to whom the 

13 materially false information has been or is 

14 being communicated; and 

15 (B) shall not be designed to favor or dis16 favor any particular candidate, organization, or 

17 political party. 

18 (b) WRITTEN PROCEDURES AND STANDARDS FOR

19 TAKING CORRECTIVE ACTION.— 

20 (1) IN GENERAL.—Not later than 180 days 

21 after the date of enactment of this Act, the Attorney 

22 General shall publish written procedures and stand23 ards for determining when and how corrective action 

24 will be taken under this section. 


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1 (2) INCLUSION OF APPROPRIATE DEADLINES.— 

2 The procedures and standards under paragraph (1) 

3 shall include appropriate deadlines, based in part on 

4 the number of days remaining before the upcoming 

5 election. 

6 (3) CONSULTATION.—In developing the proce7 dures and standards under paragraph (1), the Attor8 ney General shall consult with the Election Assist9 ance Commission, State and local election officials, 

10 civil rights organizations, voting rights groups, voter 

11 protection groups, and other interested community 

12 organizations. 

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to the Attorney General 

15 such sums as may be necessary to carry out this subtitle. 

16 SEC. 1304. REPORTS TO CONGRESS. 

17 (a) IN GENERAL.—Not later than 180 days after 

18 each general election for Federal office, the Attorney Gen19 eral shall submit to Congress a report compiling all allega20 tions received by the Attorney General of deceptive prac21 tices described in paragraphs (2), (3), and (4) of section 

22 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as 

23 added by section 1302(a), relating to the general election 

24 for Federal office and any primary, run-off, or a special 


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1 election for Federal office held in the 2 years preceding 

2 the general election. 

3 (b) CONTENTS.— 

4 (1) IN GENERAL.—Each report submitted 

5 under subsection (a) shall include— 

6 (A) a description of each allegation of a 

7 deceptive practice described in subsection (a), 

8 including the geographic location, racial and 

9 ethnic composition, and language minority10 group membership of the persons toward whom 

11 the alleged deceptive practice was directed; 

12 (B) the status of the investigation of each 

13 allegation described in subparagraph (A); 

14 (C) a description of each corrective action 

15 taken by the Attorney General under section 

16 4(a) in response to an allegation described in 

17 subparagraph (A); 

18 (D) a description of each referral of an al19 legation described in subparagraph (A) to other 

20 Federal, State, or local agencies; 

21 (E) to the extent information is available, 

22 a description of any civil action instituted under 

23 section 2004(c)(2) of the Revised Statutes (52 

24 U.S.C. 10101(c)(2)), as added by section 


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1 1302(b), in connection with an allegation de2 scribed in subparagraph (A); and 

3 (F) a description of any criminal prosecu4 tion instituted under section 594 of title 18, 

5 United States Code, as amended by section 

6 1302(c), in connection with the receipt of an al7 legation described in subparagraph (A) by the 

8 Attorney General. 

9 (2) EXCLUSION OF CERTAIN INFORMATION.— 

10 (A) IN GENERAL.—The Attorney General 

11 shall not include in a report submitted under 

12 subsection (a) any information protected from 

13 disclosure by rule 6(e) of the Federal Rules of 

14 Criminal Procedure or any Federal criminal 

15 statute. 

16 (B) EXCLUSION OF CERTAIN OTHER IN17 FORMATION.—The Attorney General may deter18 mine that the following information shall not be 

19 included in a report submitted under subsection 

20 (a): 

21 (i) Any information that is privileged. 

22 (ii) Any information concerning an 

23 ongoing investigation. 


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1 (iii) Any information concerning a 

2 criminal or civil proceeding conducted 

3 under seal. 

4 (iv) Any other nonpublic information 

5 that the Attorney General determines the 

6 disclosure of which could reasonably be ex7 pected to infringe on the rights of any in8 dividual or adversely affect the integrity of 

9 a pending or future criminal investigation. 

10 (c) REPORT MADE PUBLIC.—On the date that the 

11 Attorney General submits the report under subsection (a), 

12 the Attorney General shall also make the report publicly 

13 available through the internet and other appropriate 

14 means. 

15 Subtitle E—Democracy Restoration 

16 SEC. 1401. SHORT TITLE. 

17 This subtitle may be cited as the ‘‘Democracy Res18 toration Act of 2019’’. 

19 SEC. 1402. RIGHTS OF CITIZENS. 

20 The right of an individual who is a citizen of the 

21 United States to vote in any election for Federal office 

22 shall not be denied or abridged because that individual has 

23 been convicted of a criminal offense unless such individual 

24 is serving a felony sentence in a correctional institution 

25 or facility at the time of the election. 


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1 SEC. 1403. ENFORCEMENT. 

2 (a) ATTORNEY GENERAL.—The Attorney General 

3 may, in a civil action, obtain such declaratory or injunctive 

4 relief as is necessary to remedy a violation of this subtitle. 

5 (b) PRIVATE RIGHT OF ACTION.— 

6 (1) IN GENERAL.—A person who is aggrieved 

7 by a violation of this subtitle may provide written 

8 notice of the violation to the chief election official of 

9 the State involved. 

10 (2) RELIEF.—Except as provided in paragraph 

11 (3), if the violation is not corrected within 90 days 

12 after receipt of a notice under paragraph (1), or 

13 within 20 days after receipt of the notice if the viola14 tion occurred within 120 days before the date of an 

15 election for Federal office, the aggrieved person 

16 may, in a civil action, obtain declaratory or injunc17 tive relief with respect to the violation. 

18 (3) EXCEPTION.—If the violation occurred 

19 within 30 days before the date of an election for 

20 Federal office, the aggrieved person need not provide 

21 notice to the chief election official of the State under 

22 paragraph (1) before bringing a civil action to obtain 

23 declaratory or injunctive relief with respect to the 

24 violation. 


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1 SEC. 1404. NOTIFICATION OF RESTORATION OF VOTING 

2 RIGHTS. 

3 (a) STATE NOTIFICATION.— 

4 (1) NOTIFICATION.—On the date determined 

5 under paragraph (2), each State shall— 

6 (A) notify in writing any individual who 

7 has been convicted of a criminal offense under 

8 the law of that State that such individual— 

9 (i) has the right to vote in an election 

10 for Federal office pursuant to the Democ11 racy Restoration Act of 2019; and 

12 (ii) may register to vote in any such 

13 election; and 

14 (B) provide such individual with any mate15 rials that are necessary to register to vote in 

16 any such election. 

17 (2) DATE OF NOTIFICATION.— 

18 (A) FELONY CONVICTION.—In the case of 

19 such an individual who has been convicted of a 

20 felony, the notification required under para21 graph (1) shall be given on the date on which 

22 the individual— 

23 (i) is sentenced to serve only a term 

24 of probation; or 

25 (ii) is released from the custody of 

26 that State (other than to the custody of 


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1 another State or the Federal Government 

2 to serve a term of imprisonment for a fel3 ony conviction). 

4 (B) MISDEMEANOR CONVICTION.—In the 

5 case of such an individual who has been con6 victed of a misdemeanor, the notification re7 quired under paragraph (1) shall be given on 

8 the date on which such individual is sentenced 

9 by a State court. 

10 (b) FEDERAL NOTIFICATION.— 

11 (1) NOTIFICATION.—Any individual who has 

12 been convicted of a criminal offense under Federal 

13 law— 

14 (A) shall be notified in accordance with 

15 paragraph (2) that such individual— 

16 (i) has the right to vote in an election 

17 for Federal office pursuant to the Democ18 racy Restoration Act of 2019; and 

19 (ii) may register to vote in any such 

20 election; and 

21 (B) shall be provided with any materials 

22 that are necessary to register to vote in any 

23 such election. 

24 (2) DATE OF NOTIFICATION.— 


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1 (A) FELONY CONVICTION.—In the case of 

2 such an individual who has been convicted of a 

3 felony, the notification required under para4 graph (1) shall be given— 

5 (i) in the case of an individual who is 

6 sentenced to serve only a term of proba7 tion, by the Assistant Director for the Of8 fice of Probation and Pretrial Services of 

9 the Administrative Office of the United 

10 States Courts on the date on which the in11 dividual is sentenced; or 

12 (ii) in the case of any individual com13 mitted to the custody of the Bureau of 

14 Prisons, by the Director of the Bureau of 

15 Prisons, during the period beginning on 

16 the date that is 6 months before such indi17 vidual is released and ending on the date 

18 such individual is released from the cus19 tody of the Bureau of Prisons. 

20 (B) MISDEMEANOR CONVICTION.—In the 

21 case of such an individual who has been con22 victed of a misdemeanor, the notification re23 quired under paragraph (1) shall be given on 

24 the date on which such individual is sentenced 

25 by a court established by an Act of Congress. 


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1 SEC. 1405. DEFINITIONS. 

2 For purposes of this subtitle: 

3 (1) CORRECTIONAL INSTITUTION OR FACIL4 ITY.—The term ‘‘correctional institution or facility’’ 

5 means any prison, penitentiary, jail, or other institu6 tion or facility for the confinement of individuals 

7 convicted of criminal offenses, whether publicly or 

8 privately operated, except that such term does not 

9 include any residential community treatment center 

10 (or similar public or private facility). 

11 (2) ELECTION.—The term ‘‘election’’ means— 

12 (A) a general, special, primary, or runoff 

13 election; 

14 (B) a convention or caucus of a political 

15 party held to nominate a candidate; 

16 (C) a primary election held for the selec17 tion of delegates to a national nominating con18 vention of a political party; or 

19 (D) a primary election held for the expres20 sion of a preference for the nomination of per21 sons for election to the office of President. 

22 (3) FEDERAL OFFICE.—The term ‘‘Federal of23 fice’’ means the office of President or Vice President 

24 of the United States, or of Senator or Representa25 tive in, or Delegate or Resident Commissioner to, 

26 the Congress of the United States. 


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1 (4) PROBATION.—The term ‘‘probation’’ means 

2 probation, imposed by a Federal, State, or local 

3 court, with or without a condition on the individual 

4 involved concerning— 

5 (A) the individual’s freedom of movement; 

6 (B) the payment of damages by the indi7 vidual; 

8 (C) periodic reporting by the individual to 

9 an officer of the court; or 

10 (D) supervision of the individual by an of11 ficer of the court. 

12 SEC. 1406. RELATION TO OTHER LAWS. 

13 (a) STATE LAWS RELATING TO VOTING RIGHTS.— 

14 Nothing in this subtitle be construed to prohibit the States 

15 from enacting any State law which affords the right to 

16 vote in any election for Federal office on terms less restric17 tive than those established by this subtitle. 

18 (b) CERTAIN FEDERAL ACTS.—The rights and rem19 edies established by this subtitle— 

20 (1) are in addition to all other rights and rem21 edies provided by law; and 

22 (2) shall not shall supersede, restrict, or limit 

23 the application of the Voting Rights Act of 1965 (52 

24 U.S.C. 10301 et seq.) or the National Voter Reg25 istration Act of 1993 (52 U.S.C. 20501 et seq.). 


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1 SEC. 1407. FEDERAL PRISON FUNDS. 

2 No State, unit of local government, or other person 

3 may receive or use, to construct or otherwise improve a 

4 prison, jail, or other place of incarceration, any Federal 

5 funds unless that person has in effect a program under 

6 which each individual incarcerated in that person’s juris7 diction who is a citizen of the United States is notified, 

8 upon release from such incarceration, of that individual’s 

9 rights under section 1402. 

10 SEC. 1408. EFFECTIVE DATE. 

11 This subtitle shall apply to citizens of the United 

12 States voting in any election for Federal office held after 

13 the date of the enactment of this Act. 

14 Subtitle F—Promoting Accuracy, 

15 Integrity, and Security Through 

16 Voter-Verified Permanent Paper 

17 Ballot 

18 SEC. 1501. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘Voter Confidence 

20 and Increased Accessibility Act of 2019’’. 

21 SEC. 1502. PAPER BALLOT AND MANUAL COUNTING RE22 QUIREMENTS. 

23 (a) IN GENERAL.—Section 301(a)(2) of the Help 

24 America Vote Act of 2002 (52 U.S.C. 21081(a)(2)) is 

25 amended to read as follows: 

26 ‘‘(2) PAPER BALLOT REQUIREMENT.— 


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1 ‘‘(A) VOTER-VERIFIED PAPER BALLOTS.— 

2 ‘‘(i) PAPER BALLOT REQUIREMENT.— 

3 (I) The voting system shall require the use 

4 of an individual, durable, voter-verified 

5 paper ballot of the voter’s vote that shall 

6 be marked and made available for inspec7 tion and verification by the voter before 

8 the voter’s vote is cast and counted, and 

9 which shall be counted by hand or read by 

10 an optical character recognition device or 

11 other counting device. For purposes of this 

12 subclause, the term ‘individual, durable, 

13 voter-verified paper ballot’ means a paper 

14 ballot marked by the voter by hand or a 

15 paper ballot marked through the use of a 

16 nontabulating ballot marking device or sys17 tem, so long as the voter shall have the op18 tion to mark his or her ballot by hand. 

19 ‘‘(II) The voting system shall provide 

20 the voter with an opportunity to correct 

21 any error on the ballot before the ballot is 

22 preserved in accordance with clause (ii). 

23 ‘‘(III) The voting system shall not 

24 preserve the voter-verified paper ballots in 

25 any manner that makes it possible, at any 


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1 time after the ballot has been cast, to asso2 ciate a voter with the record of the voter’s 

3 vote without the voter’s consent. 

4 ‘‘(ii) PRESERVATION AS OFFICIAL

5 RECORD.—The ballot used in accordance 

6 with clause (i) shall constitute the official 

7 ballot and shall be preserved and used as 

8 the official ballot for purposes of any re9 count or audit conducted with respect to 

10 any election for Federal office in which the 

11 voting system is used. 

12 ‘‘(iii) MANUAL COUNTING REQUIRE13 MENTS FOR RECOUNTS AND AUDITS.—(I) 

14 Each ballot used pursuant to clause (i) 

15 shall be suitable for a manual audit, and 

16 shall be counted by hand in any recount or 

17 audit conducted with respect to any elec18 tion for Federal office. 

19 ‘‘(II) In the event of any inconsist20 encies or irregularities between any elec21 tronic vote tallies and the vote tallies de22 termined by counting by hand the ballots 

23 used pursuant to clause (i), and subject to 

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1 ant to clause (i) shall be the true and cor2 rect record of the votes cast. 

3 ‘‘(iv) APPLICATION TO ALL BAL4 LOTS.—The requirements of this subpara5 graph shall apply to all ballots cast in elec6 tions for Federal office, including ballots 

7 cast by absent uniformed services voters 

8 and overseas voters under the Uniformed 

9 and Overseas Citizens Absentee Voting Act 

10 and other absentee voters. 

11 ‘‘(B) SPECIAL RULE FOR TREATMENT OF

12 DISPUTES WHEN PAPER BALLOTS HAVE BEEN

13 SHOWN TO BE COMPROMISED.— 

14 ‘‘(i) IN GENERAL.—In the event 

15 that— 

16 ‘‘(I) there is any inconsistency 

17 between any electronic vote tallies and 

18 the vote tallies determined by count19 ing by hand the ballots used pursuant 

20 to subparagraph (A)(i) with respect to 

21 any election for Federal office; and 

22 ‘‘(II) it is demonstrated by clear 

23 and convincing evidence (as deter24 mined in accordance with the applica25 ble standards in the jurisdiction inVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 volved) in any recount, audit, or con2 test of the result of the election that 

3 the ballots used pursuant to subpara4 graph (A)(i) have been compromised 

5 (by damage or mischief or otherwise) 

6 and that a sufficient number of the 

7 ballots have been so compromised that 

8 the result of the election could be 

9 changed, 

10 the determination of the appropriate rem11 edy with respect to the election shall be 

12 made in accordance with applicable State 

13 law, except that the electronic tally shall 

14 not be used as the exclusive basis for de15 termining the official certified result. 

16 ‘‘(ii) RULE FOR CONSIDERATION OF

17 BALLOTS ASSOCIATED WITH EACH VOTING

18 MACHINE.—For purposes of clause (i), 

19 only the ballots deemed compromised, if 

20 any, shall be considered in the calculation 

21 of whether or not the result of the election 

22 could be changed due to the compromised 

23 ballots.’’. 

24 (b) CONFORMING AMENDMENT CLARIFYING APPLI25 CABILITY OF ALTERNATIVE LANGUAGE ACCESSIBILITY.— 


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1 Section 301(a)(4) of such Act (52 U.S.C. 21081(a)(4)) 

2 is amended by inserting ‘‘(including the paper ballots re3 quired to be used under paragraph (2))’’ after ‘‘voting sys4 tem’’. 

5 (c) OTHER CONFORMING AMENDMENTS.—Section 

6 301(a)(1) of such Act (52 U.S.C. 21081(a)(1)) is amend7 ed— 

8 (1) in subparagraph (A)(i), by striking ‘‘count9 ed’’ and inserting ‘‘counted, in accordance with 

10 paragraphs (2) and (3)’’; 

11 (2) in subparagraph (A)(ii), by striking ‘‘count12 ed’’ and inserting ‘‘counted, in accordance with 

13 paragraphs (2) and (3)’’; 

14 (3) in subparagraph (A)(iii), by striking ‘‘count15 ed’’ each place it appears and inserting ‘‘counted, in 

16 accordance with paragraphs (2) and (3)’’; and 

17 (4) in subparagraph (B)(ii), by striking ‘‘count18 ed’’ and inserting ‘‘counted, in accordance with 

19 paragraphs (2) and (3)’’. 

20 SEC. 1503. ACCESSIBILITY AND BALLOT VERIFICATION FOR 

21 INDIVIDUALS WITH DISABILITIES. 

22 (a) IN GENERAL.—Section 301(a)(3)(B) of the Help 

23 America Vote Act of 2002 (52 U.S.C. 21081(a)(3)(B)) is 

24 amended to read as follows: 


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1 ‘‘(B)(i) ensure that individuals with dis2 abilities and others are given an equivalent op3 portunity to vote, including with privacy and 

4 independence, in a manner that produces a 

5 voter-verified paper ballot as for other voters; 

6 ‘‘(ii) satisfy the requirement of subpara7 graph (A) through the use of at least one voting 

8 system equipped for individuals with disabil9 ities, including nonvisual and enhanced visual 

10 accessibility for the blind and visually impaired, 

11 and nonmanual and enhanced manual accessi12 bility for the mobility and dexterity impaired, at 

13 each polling place; and 

14 ‘‘(iii) meet the requirements of subpara15 graph (A) and paragraph (2)(A) by using a sys16 tem that— 

17 ‘‘(I) allows the voter to privately and 

18 independently verify the permanent paper 

19 ballot through the presentation, in acces20 sible form, of the printed or marked vote 

21 selections from the same printed or 

22 marked information that would be used for 

23 any vote counting or auditing; and 

24 ‘‘(II) allows the voter to privately and 

25 independently verify and cast the permaVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 nent paper ballot without requiring the 

2 voter to manually handle the paper bal3 lot;’’. 

4 (b) SPECIFIC REQUIREMENT OF STUDY, TESTING, 

5 AND DEVELOPMENT OF ACCESSIBLE PAPER BALLOT

6 VERIFICATION MECHANISMS.— 

7 (1) STUDY AND REPORTING.—Subtitle C of 

8 title II of such Act (52 U.S.C. 21081 et seq.) is 

9 amended— 

10 (A) by redesignating section 247 as section 

11 248; and 

12 (B) by inserting after section 246 the fol13 lowing new section: 

14 ‘‘SEC. 247. STUDY AND REPORT ON ACCESSIBLE PAPER 

15 BALLOT VERIFICATION MECHANISMS. 

16 ‘‘(a) STUDY AND REPORT.—The Director of the Na17 tional Science Foundation shall make grants to not fewer 

18 than 3 eligible entities to study, test, and develop acces19 sible paper ballot voting, verification, and casting mecha20 nisms and devices and best practices to enhance the acces21 sibility of paper ballot voting and verification mechanisms 

22 for individuals with disabilities, for voters whose primary 

23 language is not English, and for voters with difficulties 

24 in literacy, including best practices for the mechanisms 


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1 themselves and the processes through which the mecha2 nisms are used. 

3 ‘‘(b) ELIGIBILITY.—An entity is eligible to receive a 

4 grant under this part if it submits to the Director (at such 

5 time and in such form as the Director may require) an 

6 application containing— 

7 ‘‘(1) certifications that the entity shall specifi8 cally investigate enhanced methods or devices, in9 cluding non-electronic devices, that will assist such 

10 individuals and voters in marking voter-verified 

11 paper ballots and presenting or transmitting the in12 formation printed or marked on such ballots back to 

13 such individuals and voters, and casting such ballots; 

14 ‘‘(2) a certification that the entity shall com15 plete the activities carried out with the grant not 

16 later than December 31, 2020; and 

17 ‘‘(3) such other information and certifications 

18 as the Director may require. 

19 ‘‘(c) AVAILABILITY OF TECHNOLOGY.—Any tech20 nology developed with the grants made under this section 

21 shall be treated as non-proprietary and shall be made 

22 available to the public, including to manufacturers of vot23 ing systems. 

24 ‘‘(d) COORDINATION WITH GRANTS FOR TECH25 NOLOGY IMPROVEMENTS.—The Director shall carry out 


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1 this section so that the activities carried out with the 

2 grants made under subsection (a) are coordinated with the 

3 research conducted under the grant program carried out 

4 by the Commission under section 271, to the extent that 

5 the Director and Commission determine necessary to pro6 vide for the advancement of accessible voting technology. 

7 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

8 is authorized to be appropriated to carry out subsection 

9 (a) $5,000,000, to remain available until expended.’’. 

10 (2) CLERICAL AMENDMENT.—The table of con11 tents of such Act is amended— 

12 (A) by redesignating the item relating to 

13 section 247 as relating to section 248; and 

14 (B) by inserting after the item relating to 

15 section 246 the following new item: 

‘‘Sec. 247. Study and report on accessible paper ballot verification mechanisms.’’. 

16 (c) CLARIFICATION OF ACCESSIBILITY STANDARDS

17 UNDER VOLUNTARY VOTING SYSTEM GUIDANCE.—In 

18 adopting any voluntary guidance under subtitle B of title 

19 III of the Help America Vote Act with respect to the ac20 cessibility of the paper ballot verification requirements for 

21 individuals with disabilities, the Election Assistance Com22 mission shall include and apply the same accessibility 

23 standards applicable under the voluntary guidance adopt24 ed for accessible voting systems under such subtitle. 


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1 (d) PERMITTING USE OF FUNDS FOR PROTECTION

2 AND ADVOCACY SYSTEMS TO SUPPORT ACTIONS TO EN3 FORCE ELECTION-RELATED DISABILITY ACCESS.—Sec4 tion 292(a) of the Help America Vote Act of 2002 (52 

5 U.S.C. 21062(a)) is amended by striking ‘‘; except that’’ 

6 and all that follows and inserting a period. 

7 SEC. 1504. DURABILITY AND READABILITY REQUIREMENTS 

8 FOR BALLOTS. 

9 Section 301(a) of the Help America Vote Act of 2002 

10 (52 U.S.C. 21081(a)) is amended by adding at the end 

11 the following new paragraph: 

12 ‘‘(7) DURABILITY AND READABILITY REQUIRE13 MENTS FOR BALLOTS.— 

14 ‘‘(A) DURABILITY REQUIREMENTS FOR

15 PAPER BALLOTS.— 

16 ‘‘(i) IN GENERAL.—All voter-verified 

17 paper ballots required to be used under 

18 this Act shall be marked or printed on du19 rable paper. 

20 ‘‘(ii) DEFINITION.—For purposes of 

21 this Act, paper is ‘durable’ if it is capable 

22 of withstanding multiple counts and re23 counts by hand without compromising the 

24 fundamental integrity of the ballots, and 

25 capable of retaining the information 


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1 marked or printed on them for the full du2 ration of a retention and preservation pe3 riod of 22 months. 

4 ‘‘(B) READABILITY REQUIREMENTS FOR

5 PAPER BALLOTS MARKED BY BALLOT MARKING

6 DEVICE.—All voter-verified paper ballots com7 pleted by the voter through the use of a ballot 

8 marking device shall be clearly readable by the 

9 voter without assistance (other than eyeglasses 

10 or other personal vision enhancing devices) and 

11 by an optical character recognition device or 

12 other device equipped for individuals with dis13 abilities.’’. 

14 SEC. 1505. PAPER BALLOTS REQUIRED TO BE PRINTED ON 

15 RECYCLED PAPER. 

16 (a) IN GENERAL.—Section 301(a) of the Help Amer17 ica Vote Act of 2002 (52 U.S.C. 21081(a)), as amended 

18 by section 1504, is amended by adding at the end the fol19 lowing new paragraph: 

20 ‘‘(8) USE OF RECYCLED PAPER.—All paper bal21 lots used in an election for Federal office shall be 

22 printed on recycled paper.’’. 

23 (b) EFFECTIVE DATE.—The amendments made by 

24 this section shall apply with respect to elections occurring 

25 on or after January 1, 2021. 


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1 SEC. 1506. STUDY AND REPORT ON OPTIMAL BALLOT DE2 SIGN. 

3 (a) STUDY.—The Election Assistance Commission 

4 shall conduct a study of the best ways to design ballots 

5 used in elections for public office, including paper ballots 

6 and electronic or digital ballots, to minimize confusion and 

7 user errors. 

8 (b) REPORT.—Not later than January 1, 2020, the 

9 Election Assistance Commission shall submit to Congress 

10 a report on the study conducted under subsection (a). 

11 SEC. 1507. PAPER BALLOT PRINTING REQUIREMENTS. 

12 Section 301(a) of the Help America Vote Act of 2002 

13 (52 U.S.C. 21081(a)), as amended by sections 1504 and 

14 1505, is amended by adding at the end the following new 

15 paragraph: 

16 ‘‘(9) PRINTING REQUIREMENTS FOR BAL17 LOTS.—All paper ballots used in an election for Fed18 eral office shall be printed in the United States on 

19 paper manufactured in the United States.’’. 

20 SEC. 1508. EFFECTIVE DATE FOR NEW REQUIREMENTS. 

21 Section 301(d) of the Help America Vote Act of 2002 

22 (52 U.S.C. 21081(d)) is amended to read as follows: 

23 ‘‘(d) EFFECTIVE DATE.— 

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (2), each State and jurisdiction shall be reVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 quired to comply with the requirements of this sec2 tion on and after January 1, 2006. 

3 ‘‘(2) SPECIAL RULE FOR CERTAIN REQUIRE4 MENTS.— 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 section 1505(b) of the For the People Act of 

7 2019 and subparagraphs (B) and (C), the re8 quirements of this section which are first im9 posed on a State and jurisdiction pursuant to 

10 the amendments made by the Voter Confidence 

11 and Increased Accessibility Act of 2019 shall 

12 apply with respect to voting systems used for 

13 any election for Federal office held in 2020 or 

14 any succeeding year. 

15 ‘‘(B) DELAY FOR JURISDICTIONS USING

16 CERTAIN PAPER RECORD PRINTERS OR CERTAIN

17 SYSTEMS USING OR PRODUCING VOTER18 VERIFIABLE PAPER RECORDS IN 2018.— 

19 ‘‘(i) DELAY.—In the case of a juris20 diction described in clause (ii), subpara21 graph (A) shall apply to a voting system in 

22 the jurisdiction as if the reference in such 

23 subparagraph to ‘2020’ were a reference to 

24 ‘2022’, but only with respect to the fol25 lowing requirements of this section: 


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1 ‘‘(I) Paragraph (2)(A)(i)(I) of 

2 subsection (a) (relating to the use of 

3 voter-verified paper ballots). 

4 ‘‘(II) Paragraph (3)(B)(iii)(I) 

5 and (II) of subsection (a) (relating to 

6 access to verification from and casting 

7 of the durable paper ballot). 

8 ‘‘(III) Paragraph (7) of sub9 section (a) (relating to durability and 

10 readability requirements for ballots). 

11 ‘‘(IV) Paragraph (8) of sub12 section (a) (relating to use of recycled 

13 paper). 

14 ‘‘(V) Paragraph (9) of subsection 

15 (a) (relating to printing requirements 

16 for ballots) 

17 ‘‘(ii) JURISDICTIONS DESCRIBED.—A 

18 jurisdiction described in this clause is a ju19 risdiction— 

20 ‘‘(I) which used voter verifiable 

21 paper record printers attached to di22 rect recording electronic voting ma23 chines, or which used other voting 

24 systems that used or produced paper 

25 records of the vote verifiable by voters 


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1 but that are not in compliance with 

2 paragraphs (2)(A)(i)(I), (3)(B)(iii)(I) 

3 and (II), (7), (8), and (9) of sub4 section (a) (as amended or added by 

5 the Voter Confidence and Increased 

6 Accessibility Act of 2019), for the ad7 ministration of the regularly sched8 uled general election for Federal office 

9 held in November 2018; and 

10 ‘‘(II) which will continue to use 

11 such printers or systems for the ad12 ministration of elections for Federal 

13 office held in years before 2022. 

14 ‘‘(iii) MANDATORY AVAILABILITY OF

15 PAPER BALLOTS AT POLLING PLACES

16 USING GRANDFATHERED PRINTERS AND

17 SYSTEMS.— 

18 ‘‘(I) REQUIRING BALLOTS TO BE

19 OFFERED AND PROVIDED.—The ap20 propriate election official at each poll21 ing place that uses a printer or sys22 tem described in clause (ii)(I) for the 

23 administration of elections for Federal 

24 office shall offer each individual who 

25 is eligible to cast a vote in the election 


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1 at the polling place the opportunity to 

2 cast the vote using a blank pre-print3 ed paper ballot which the individual 

4 may mark by hand and which is not 

5 produced by the direct recording elec6 tronic voting machine or other such 

7 system. The official shall provide the 

8 individual with the ballot and the sup9 plies necessary to mark the ballot, and 

10 shall ensure (to the greatest extent 

11 practicable) that the waiting period 

12 for the individual to cast a vote is the 

13 lesser of 30 minutes or the average 

14 waiting period for an individual who 

15 does not agree to cast the vote using 

16 such a paper ballot under this clause. 

17 ‘‘(II) TREATMENT OF BALLOT.— 

18 Any paper ballot which is cast by an 

19 individual under this clause shall be 

20 counted and otherwise treated as a 

21 regular ballot for all purposes (includ22 ing by incorporating it into the final 

23 unofficial vote count (as defined by 

24 the State) for the precinct) and not as 

25 a provisional ballot, unless the indiVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 vidual casting the ballot would have 

2 otherwise been required to cast a pro3 visional ballot. 

4 ‘‘(III) POSTING OF NOTICE.— 

5 The appropriate election official shall 

6 ensure there is prominently displayed 

7 at each polling place a notice that de8 scribes the obligation of the official to 

9 offer individuals the opportunity to 

10 cast votes using a pre-printed blank 

11 paper ballot. 

12 ‘‘(IV) TRAINING OF ELECTION

13 OFFICIALS.—The chief State election 

14 official shall ensure that election offi15 cials at polling places in the State are 

16 aware of the requirements of this 

17 clause, including the requirement to 

18 display a notice under subclause (III), 

19 and are aware that it is a violation of 

20 the requirements of this title for an 

21 election official to fail to offer an indi22 vidual the opportunity to cast a vote 

23 using a blank pre-printed paper ballot. 

24 ‘‘(V) PERIOD OF APPLICA25 BILITY.—The requirements of this 


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1 clause apply only during the period in 

2 which the delay is in effect under 

3 clause (i). 

4 ‘‘(C) SPECIAL RULE FOR JURISDICTIONS

5 USING CERTAIN NONTABULATING BALLOT

6 MARKING DEVICES.—In the case of a jurisdic7 tion which uses a nontabulating ballot marking 

8 device which automatically deposits the ballot 

9 into a privacy sleeve, subparagraph (A) shall 

10 apply to a voting system in the jurisdiction as 

11 if the reference in such subparagraph to ‘any 

12 election for Federal office held in 2020 or any 

13 succeeding year’ were a reference to ‘elections 

14 for Federal office occurring held in 2022 or 

15 each succeeding year’, but only with respect to 

16 paragraph (3)(B)(iii)(II) of subsection (a) (re17 lating to nonmanual casting of the durable 

18 paper ballot).’’. 

19 Subtitle G—Provisional Ballots 

20 SEC. 1601. REQUIREMENTS FOR COUNTING PROVISIONAL 

21 BALLOTS; ESTABLISHMENT OF UNIFORM AND 

22 NONDISCRIMINATORY STANDARDS. 

23 (a) IN GENERAL.—Section 302 of the Help America 

24 Vote Act of 2002 (52 U.S.C. 21082) is amended— 


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1 (1) by redesignating subsection (d) as sub2 section (f); and 

3 (2) by inserting after subsection (c) the fol4 lowing new subsections: 

5 ‘‘(d) STATEWIDE COUNTING OF PROVISIONAL BAL6 LOTS.— 

7 ‘‘(1) IN GENERAL.—For purposes of subsection 

8 (a)(4), notwithstanding the precinct or polling place 

9 at which a provisional ballot is cast within the State, 

10 the appropriate election official shall count each vote 

11 on such ballot for each election in which the indi12 vidual who cast such ballot is eligible to vote. 

13 ‘‘(2) EFFECTIVE DATE.—This subsection shall 

14 apply with respect to elections held on or after Janu15 ary 1, 2020. 

16 ‘‘(e) UNIFORM AND NONDISCRIMINATORY STAND17 ARDS.— 

18 ‘‘(1) IN GENERAL.—Consistent with the re19 quirements of this section, each State shall establish 

20 uniform and nondiscriminatory standards for the 

21 issuance, handling, and counting of provisional bal22 lots. 

23 ‘‘(2) EFFECTIVE DATE.—This subsection shall 

24 apply with respect to elections held on or after Janu25 ary 1, 2020.’’. 


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1 (b) CONFORMING AMENDMENT.—Section 302(f) of 

2 such Act (52 U.S.C. 21082(f)), as redesignated by sub3 section (a), is amended by striking ‘‘Each State’’ and in4 serting ‘‘Except as provided in subsections (d)(2) and 

5 (e)(2), each State’’. 

6 Subtitle H—Early Voting 

7 SEC. 1611. EARLY VOTING. 

8 (a) REQUIREMENTS.—Subtitle A of title III of the 

9 Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), 

10 as amended by section 1031(a) and section 1101(a), is 

11 amended— 

12 (1) by redesignating sections 306 and 307 as 

13 sections 307 and 308; and 

14 (2) by inserting after section 305 the following 

15 new section: 

16 ‘‘SEC. 306. EARLY VOTING. 

17 ‘‘(a) REQUIRING VOTING PRIOR TO DATE OF ELEC18 TION.— 

19 ‘‘(1) IN GENERAL.—Each State shall allow indi20 viduals to vote in an election for Federal office dur21 ing an early voting period which occurs prior to the 

22 date of the election, in the same manner as voting 

23 is allowed on such date. 

24 ‘‘(2) LENGTH OF PERIOD.—The early voting 

25 period required under this subsection with respect to 


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1 an election shall consist of a period of consecutive 

2 days (including weekends) which begins on the 15th 

3 day before the date of the election (or, at the option 

4 of the State, on a day prior to the 15th day before 

5 the date of the election) and ends on the date of the 

6 election. 

7 ‘‘(b) MINIMUM EARLY VOTING REQUIREMENTS.— 

8 Each polling place which allows voting during an early vot9 ing period under subsection (a) shall— 

10 ‘‘(1) allow such voting for no less than 10 hours 

11 on each day; 

12 ‘‘(2) have uniform hours each day for which 

13 such voting occurs; and 

14 ‘‘(3) allow such voting to be held for some pe15 riod of time prior to 9:00 a.m (local time) and some 

16 period of time after 5:00 p.m. (local time). 

17 ‘‘(c) LOCATION OF POLLING PLACES.— 

18 ‘‘(1) PROXIMITY TO PUBLIC TRANSPOR19 TATION.—To the greatest extent practicable, a State 

20 shall ensure that each polling place which allows vot21 ing during an early voting period under subsection 

22 (a) is located within walking distance of a stop on 

23 a public transportation route. 

24 ‘‘(2) AVAILABILITY IN RURAL AREAS.—The 

25 State shall ensure that polling places which allow 


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1 voting during an early voting period under sub2 section (a) will be located in rural areas of the State, 

3 and shall ensure that such polling places are located 

4 in communities which will provide the greatest op5 portunity for residents of rural areas to vote during 

6 the early voting period. 

7 ‘‘(d) STANDARDS.— 

8 ‘‘(1) IN GENERAL.—The Commission shall issue 

9 standards for the administration of voting prior to 

10 the day scheduled for a Federal election. Such 

11 standards shall include the nondiscriminatory geo12 graphic placement of polling places at which such 

13 voting occurs. 

14 ‘‘(2) DEVIATION.—The standards described in 

15 paragraph (1) shall permit States, upon providing 

16 adequate public notice, to deviate from any require17 ment in the case of unforeseen circumstances such 

18 as a natural disaster, terrorist attack, or a change 

19 in voter turnout. 

20 ‘‘(e) EFFECTIVE DATE.—This section shall apply 

21 with respect to elections held on or after January 1, 

22 2020.’’. 

23 (b) CONFORMING AMENDMENT RELATING TO

24 ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION AS25 SISTANCE COMMISSION.—Section 311(b) of such Act (52 


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1 U.S.C. 21101(b)), as amended by section 1101(b), is 

2 amended— 

3 (1) by striking ‘‘and’’ at the end of paragraph 

4 (3); 

5 (2) by striking the period at the end of para6 graph (4) and inserting ‘‘; and’’; and 

7 (3) by adding at the end the following new 

8 paragraph: 

9 ‘‘(5) in the case of the recommendations with 

10 respect to section 306, June 30, 2020.’’. 

11 (c) CLERICAL AMENDMENT.—The table of contents 

12 of such Act, as amended by section 1031(c) and section 

13 1101(d), is amended— 

14 (1) by redesignating the items relating to sec15 tions 306 and 307 as relating to sections 307 and 

16 308; and 

17 (2) by inserting after the item relating to sec18 tion 305 the following new item: 

‘‘Sec. 306. Early voting.’’. 

19 Subtitle I—Voting by Mail 

20 SEC. 1621. VOTING BY MAIL. 

21 (a) REQUIREMENTS.—Subtitle A of title III of the 

22 Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), 

23 as amended by section 1031(a), section 1101(a), and sec24 tion 1611(a), is amended— 


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1 (1) by redesignating sections 307 and 308 as 

2 sections 308 and 309; and 

3 (2) by inserting after section 306 the following 

4 new section: 

5 ‘‘SEC. 307. PROMOTING ABILITY OF VOTERS TO VOTE BY 

6 MAIL. 

7 ‘‘(a) IN GENERAL.—If an individual in a State is eli8 gible to cast a vote in an election for Federal office, the 

9 State may not impose any additional conditions or require10 ments on the eligibility of the individual to cast the vote 

11 in such election by absentee ballot by mail, except as re12 quired under subsection (b) and except to the extent that 

13 the State imposes a deadline for requesting the ballot and 

14 related voting materials from the appropriate State or 

15 local election official and for returning the ballot to the 

16 appropriate State or local election official. 

17 ‘‘(b) REQUIRING SIGNATURE VERIFICATION.— 

18 ‘‘(1) REQUIREMENT.—A State may not accept 

19 and process an absentee ballot submitted by any in20 dividual with respect to an election for Federal office 

21 unless the State verifies the identification of the in22 dividual by comparing the individual’s signature on 

23 the absentee ballot with the individual’s signature on 

24 the official list of registered voters in the State, in 

25 accordance with such procedures as the State may 


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1 adopt (subject to the requirements of paragraph 

2 (2)). 

3 ‘‘(2) DUE PROCESS REQUIREMENTS.— 

4 ‘‘(A) NOTICE AND OPPORTUNITY TO CURE

5 DISCREPANCY.—If an individual submits an ab6 sentee ballot and the appropriate State or local 

7 election official determines that a discrepancy 

8 exists between the signature on such ballot and 

9 the signature of such individual on the official 

10 list of registered voters in the State, such elec11 tion official, prior to making a final determina12 tion as to the validity of such ballot, shall make 

13 a good faith effort to immediately notify such 

14 individual by mail, telephone, and (if available) 

15 electronic mail that— 

16 ‘‘(i) a discrepancy exists between the 

17 signature on such ballot and the signature 

18 of such individual on the official list of reg19 istered voters in the State; 

20 ‘‘(ii) such individual may provide the 

21 official with information to cure such dis22 crepancy, either in person, by telephone, or 

23 by electronic methods; and 

24 ‘‘(iii) if such discrepancy is not cured 

25 prior to the expiration of the 7-day period 


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1 which begins on the date of the election, 

2 such ballot will not be counted. 

3 ‘‘(B) OTHER REQUIREMENTS.—An election 

4 official may not make a determination that a 

5 discrepancy exists between the signature on an 

6 absentee ballot and the signature of the indi7 vidual who submits the ballot on the official list 

8 of registered voters in the State unless— 

9 ‘‘(i) at least 2 election officials make 

10 the determination; and 

11 ‘‘(ii) each official who makes the de12 termination has received training in proce13 dures used to verify signatures. 

14 ‘‘(3) REPORT.— 

15 ‘‘(A) IN GENERAL.—Not later than 120 

16 days after the end of a Federal election cycle, 

17 each chief State election official shall submit to 

18 Congress a report containing the following in19 formation for the applicable Federal election 

20 cycle in the State: 

21 ‘‘(i) The number of ballots invalidated 

22 due to a discrepancy under this subsection. 

23 ‘‘(ii) Description of attempts to con24 tact voters to provide notice as required by 

25 this subsection. 


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1 ‘‘(iii) Description of the cure process 

2 developed by such State pursuant to this 

3 subsection, including the number of ballots 

4 determined valid as a result of such proc5 ess. 

6 ‘‘(B) FEDERAL ELECTION CYCLE DE7 FINED.—For purposes of this subsection, the 

8 term ‘Federal election cycle’ means the period 

9 beginning on January 1 of any odd numbered 

10 year and ending on December 31 of the fol11 lowing year. 

12 ‘‘(c) DEADLINE FOR PROVIDING BALLOTING MATE13 RIALS.—If an individual requests to vote by absentee bal14 lot in an election for Federal office, the appropriate State 

15 or local election official shall ensure that the ballot and 

16 relating voting materials are received by the individual— 

17 ‘‘(1) not later than 2 weeks before the date of 

18 the election; or 

19 ‘‘(2) in the case of a State which imposes a 

20 deadline for requesting an absentee ballot and re21 lated voting materials which is less than 2 weeks be22 fore the date of the election, as expeditiously as pos23 sible before the date of the election. 

24 ‘‘(d) ACCESSIBILITY FOR INDIVIDUALS WITH DIS25 ABILITIES.—Consistent with section 305, the State shall 


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1 ensure that all absentee ballots and related voting mate2 rials in elections for Federal office are accessible to indi3 viduals with disabilities in a manner that provides the 

4 same opportunity for access and participation (including 

5 with privacy and independence) as for other voters. 

6 ‘‘(e) PAYMENT OF POSTAGE ON BALLOTS.—Con7 sistent with regulations of the United States Postal Serv8 ice, the State or the unit of local government responsible 

9 for the administration of an election for Federal office 

10 shall prepay the postage on any ballot in the election which 

11 is cast by mail. 

12 ‘‘(f) UNIFORM DEADLINE FOR ACCEPTANCE OF

13 MAILED BALLOTS.—If a ballot submitted by an individual 

14 by mail with respect to an election for Federal office in 

15 a State is postmarked on or before the date of the election, 

16 the State may not refuse to accept or process the ballot 

17 on the grounds that the individual did not meet a deadline 

18 for returning the ballot to the appropriate State or local 

19 election official. 

20 ‘‘(g) PERMITTING VOTERS TO RETURN BALLOT TO

21 POLLING PLACE ON DATE OF ELECTION.—The State 

22 shall permit an individual to whom a ballot in an election 

23 was provided under this section to cast the ballot on the 

24 date of election by delivering the ballot on that date to 

25 a polling place. 


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1 ‘‘(h) NO EFFECT ON BALLOTS SUBMITTED BY AB2 SENT MILITARY AND OVERSEAS VOTERS.—Nothing in 

3 this section may be construed to affect the treatment of 

4 any ballot submitted by an individual who is entitled to 

5 vote by absentee ballot under the Uniformed and Overseas 

6 Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). 

7 ‘‘(i) EFFECTIVE DATE.—This section shall apply 

8 with respect to elections held on or after January 1, 

9 2020.’’. 

10 (b) CONFORMING AMENDMENT RELATING TO

11 ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION AS12 SISTANCE COMMISSION.—Section 311(b) of such Act (52 

13 U.S.C. 21101(b)), as amended by section 1101(b) and sec14 tion 1611(b), is amended— 

15 (1) by striking ‘‘and’’ at the end of paragraph 

16 (4); 

17 (2) by striking the period at the end of para18 graph (5) and inserting ‘‘; and’’; and 

19 (3) by adding at the end the following new 

20 paragraph: 

21 ‘‘(6) in the case of the recommendations with 

22 respect to section 307, June 30, 2020.’’. 

23 (c) CLERICAL AMENDMENT.—The table of contents 

24 of such Act, as amended by section 1031(c), section 

25 1101(d), and section 1611(c), is amended— 


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1 (1) by redesignating the items relating to sec2 tions 307 and 308 as relating to sections 308 and 

3 309; and 

4 (2) by inserting after the item relating to sec5 tion 306 the following new item: 

‘‘Sec. 307. Promoting ability of voters to vote by mail.’’. 

6 (d) DEVELOPMENT OF BIOMETRIC VERIFICATION.— 

7 (1) DEVELOPMENT OF STANDARDS.—The Na8 tional Institute of Standards and Technology, in 

9 consultation with the Election Assistance Commis10 sion, shall develop standards for the use of biometric 

11 methods which could be used voluntarily in place of 

12 the signature verification requirements of section 

13 307(b) of the Help America Vote Act of 2002 (as 

14 added by subsection (a)) for purposes of verifying 

15 the identification of an individual voting by absentee 

16 ballot in elections for Federal office. 

17 (2) PUBLIC NOTICE AND COMMENT.—The Na18 tional Institute of Standards and Technology shall 

19 solicit comments from the public in the development 

20 of standards under paragraph (1). 

21 (3) DEADLINE.—Not later than one year after 

22 the date of the enactment of this Act, the National 

23 Institute of Standards and Technology shall publish 

24 the standards developed under paragraph (1). 


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1 Subtitle J—Absent Uniformed 

2 Services Voters and Overseas 

3 Voters 

4 SEC. 1701. PRE-ELECTION REPORTS ON AVAILABILITY AND 

5 TRANSMISSION OF ABSENTEE BALLOTS. 

6 Section 102(c) of the Uniformed and Overseas Citi7 zens Absentee Voting Act (52 U.S.C. 20302(c)) is amend8 ed to read as follows: 

9 ‘‘(c) REPORTS ON AVAILABILITY, TRANSMISSION, 

10 AND RECEIPT OF ABSENTEE BALLOTS.— 

11 ‘‘(1) PRE-ELECTION REPORT ON ABSENTEE

12 BALLOT AVAILABILITY.—Not later than 55 days be13 fore any regularly scheduled general election for 

14 Federal office, each State shall submit a report to 

15 the Attorney General, the Election Assistance Com16 mission (hereafter in this subsection referred to as 

17 the ‘Commission’), and the Presidential Designee, 

18 and make that report publicly available that same 

19 day, certifying that absentee ballots for the election 

20 are or will be available for transmission to absent 

21 uniformed services voters and overseas voters by not 

22 later than 45 days before the election. The report 

23 shall be in a form prescribed jointly by the Attorney 

24 General and the Commission and shall require the 

25 State to certify specific information about ballot 


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1 availability from each unit of local government which 

2 will administer the election. 

3 ‘‘(2) PRE-ELECTION REPORT ON ABSENTEE

4 BALLOT TRANSMISSION.—Not later than 43 days be5 fore any regularly scheduled general election for 

6 Federal office, each State shall submit a report to 

7 the Attorney General, the Commission, and the 

8 Presidential Designee, and make that report publicly 

9 available that same day, certifying whether all ab10 sentee ballots have been transmitted by not later 

11 than 45 days before the election to all qualified ab12 sent uniformed services and overseas voters whose 

13 requests were received at least 45 days before the 

14 election. The report shall be in a form prescribed 

15 jointly by the Attorney General and the Commission, 

16 and shall require the State to certify specific infor17 mation about ballot transmission, including the total 

18 numbers of ballot requests received and ballots 

19 transmitted, from each unit of local government 

20 which will administer the election. 

21 ‘‘(3) POST-ELECTION REPORT ON NUMBER OF

22 ABSENTEE BALLOTS TRANSMITTED AND RE23 CEIVED.—Not later than 90 days after the date of 

24 each regularly scheduled general election for Federal 

25 office, each State and unit of local government 


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1 which administered the election shall (through the 

2 State, in the case of a unit of local government) sub3 mit a report to the Attorney General, the Commis4 sion, and the Presidential Designee on the combined 

5 number of absentee ballots transmitted to absent 

6 uniformed services voters and overseas voters for the 

7 election and the combined number of such ballots 

8 which were returned by such voters and cast in the 

9 election, and shall make such report available to the 

10 general public that same day.’’. 

11 SEC. 1702. ENFORCEMENT. 

12 (a) AVAILABILITY OF CIVIL PENALTIES AND PRI13 VATE RIGHTS OF ACTION.—Section 105 of the Uniformed 

14 and Overseas Citizens Absentee Voting Act (52 U.S.C. 

15 20307) is amended to read as follows: 

16 ‘‘SEC. 105. ENFORCEMENT. 

17 ‘‘(a) ACTION BY ATTORNEY GENERAL.— 

18 ‘‘(1) IN GENERAL.—The Attorney General may 

19 bring civil action in an appropriate district court for 

20 such declaratory or injunctive relief as may be nec21 essary to carry out this title. 

22 ‘‘(2) PENALTY.—In a civil action brought under 

23 paragraph (1), if the court finds that the State vio24 lated any provision of this title, it may, to vindicate 


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1 the public interest, assess a civil penalty against the 

2 State— 

3 ‘‘(A) in an amount not to exceed $110,000 

4 for each such violation, in the case of a first 

5 violation; or 

6 ‘‘(B) in an amount not to exceed $220,000 

7 for each such violation, for any subsequent vio8 lation. 

9 ‘‘(3) REPORT TO CONGRESS.—Not later than 

10 December 31 of each year, the Attorney General 

11 shall submit to Congress an annual report on any 

12 civil action brought under paragraph (1) during the 

13 preceding year. 

14 ‘‘(b) PRIVATE RIGHT OF ACTION.—A person who is 

15 aggrieved by a State’s violation of this title may bring a 

16 civil action in an appropriate district court for such declar17 atory or injunctive relief as may be necessary to carry out 

18 this title. 

19 ‘‘(c) STATE AS ONLY NECESSARY DEFENDANT.—In 

20 any action brought under this section, the only necessary 

21 party defendant is the State, and it shall not be a defense 

22 to any such action that a local election official or a unit 

23 of local government is not named as a defendant, notwith24 standing that a State has exercised the authority described 

25 in section 576 of the Military and Overseas Voter EmVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 powerment Act to delegate to another jurisdiction in the 

2 State any duty or responsibility which is the subject of 

3 an action brought under this section.’’. 

4 (b) EFFECTIVE DATE.—The amendments made by 

5 this section shall apply with respect to violations alleged 

6 to have occurred on or after the date of the enactment 

7 of this Act. 

8 SEC. 1703. REVISIONS TO 45-DAY ABSENTEE BALLOT 

9 TRANSMISSION RULE. 

10 (a) REPEAL OF WAIVER AUTHORITY.— 

11 (1) IN GENERAL.—Section 102 of the Uni12 formed and Overseas Citizens Absentee Voting Act 

13 (52 U.S.C. 20302) is amended by striking sub14 section (g). 

15 (2) CONFORMING AMENDMENT.—Section 

16 102(a)(8)(A) of such Act (52 U.S.C. 

17 20302(a)(8)(A)) is amended by striking ‘‘except as 

18 provided in subsection (g),’’. 

19 (b) REQUIRING USE OF EXPRESS DELIVERY IN CASE

20 OF FAILURE TO MEET REQUIREMENT.—Section 102 of 

21 such Act (52 U.S.C. 20302), as amended by subsection 

22 (a), is amended by inserting after subsection (f) the fol23 lowing new subsection: 


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1 ‘‘(g) REQUIRING USE OF EXPRESS DELIVERY IN

2 CASE OF FAILURE TO TRANSMIT BALLOTS WITHIN

3 DEADLINES.— 

4 ‘‘(1) TRANSMISSION OF BALLOT BY EXPRESS

5 DELIVERY.—If a State fails to meet the requirement 

6 of subsection (a)(8)(A) to transmit a validly re7 quested absentee ballot to an absent uniformed serv8 ices voter or overseas voter not later than 45 days 

9 before the election (in the case in which the request 

10 is received at least 45 days before the election)— 

11 ‘‘(A) the State shall transmit the ballot to 

12 the voter by express delivery; or 

13 ‘‘(B) in the case of a voter who has des14 ignated that absentee ballots be transmitted 

15 electronically in accordance with subsection 

16 (f)(1), the State shall transmit the ballot to the 

17 voter electronically. 

18 ‘‘(2) SPECIAL RULE FOR TRANSMISSION FEWER

19 THAN 40 DAYS BEFORE THE ELECTION.—If, in car20 rying out paragraph (1), a State transmits an ab21 sentee ballot to an absent uniformed services voter 

22 or overseas voter fewer than 40 days before the elec23 tion, the State shall enable the ballot to be returned 

24 by the voter by express delivery, except that in the 

25 case of an absentee ballot of an absent uniformed 


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1 services voter for a regularly scheduled general elec2 tion for Federal office, the State may satisfy the re3 quirement of this paragraph by notifying the voter 

4 of the procedures for the collection and delivery of 

5 such ballots under section 103A. 

6 ‘‘(3) PAYMENT FOR USE OF EXPRESS DELIV7 ERY.—The State shall be responsible for the pay8 ment of the costs associated with the use of express 

9 delivery for the transmittal of ballots under this sub10 section.’’. 

11 (c) CLARIFICATION OF TREATMENT OF WEEK12 ENDS.—Section 102(a)(8)(A) of such Act (52 U.S.C. 

13 20302(a)(8)(A)) is amended by striking ‘‘the election;’’ 

14 and inserting the following: ‘‘the election (or, if the 45th 

15 day preceding the election is a weekend or legal public hol16 iday, not later than the most recent weekday which pre17 cedes such 45th day and which is not a legal public holi18 day, but only if the request is received by at least such 

19 most recent weekday);’’. 

20 SEC. 1704. USE OF SINGLE ABSENTEE BALLOT APPLICA21 TION FOR SUBSEQUENT ELECTIONS. 

22 (a) IN GENERAL.—Section 104 of the Uniformed and 

23 Overseas Citizens Absentee Voting Act (52 U.S.C. 20306) 

24 is amended to read as follows: 


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1 ‘‘SEC. 104. USE OF SINGLE APPLICATION FOR SUBSEQUENT 

2 ELECTIONS. 

3 ‘‘(a) IN GENERAL.—If a State accepts and processes 

4 an official post card form (prescribed under section 101) 

5 submitted by an absent uniformed services voter or over6 seas voter for simultaneous voter registration and absen7 tee ballot application (in accordance with section 

8 102(a)(4)) and the voter requests that the application be 

9 considered an application for an absentee ballot for each 

10 subsequent election for Federal office held in the State 

11 through the next regularly scheduled general election for 

12 Federal office (including any runoff elections which may 

13 occur as a result of the outcome of such general election), 

14 the State shall provide an absentee ballot to the voter for 

15 each such subsequent election. 

16 ‘‘(b) EXCEPTION FOR VOTERS CHANGING REGISTRA17 TION.—Subsection (a) shall not apply with respect to a 

18 voter registered to vote in a State for any election held 

19 after the voter notifies the State that the voter no longer 

20 wishes to be registered to vote in the State or after the 

21 State determines that the voter has registered to vote in 

22 another State or is otherwise no longer eligible to vote in 

23 the State. 

24 ‘‘(c) PROHIBITION OF REFUSAL OF APPLICATION ON

25 GROUNDS OF EARLY SUBMISSION.—A State may not 

26 refuse to accept or to process, with respect to any election 


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1 for Federal office, any otherwise valid voter registration 

2 application or absentee ballot application (including the 

3 postcard form prescribed under section 101) submitted by 

4 an absent uniformed services voter or overseas voter on 

5 the grounds that the voter submitted the application be6 fore the first date on which the State otherwise accepts 

7 or processes such applications for that election which are 

8 submitted by absentee voters who are not members of the 

9 uniformed services or overseas citizens.’’. 

10 (b) EFFECTIVE DATE.—The amendment made by 

11 subsection (a) shall apply with respect to voter registration 

12 and absentee ballot applications which are submitted to 

13 a State or local election official on or after the date of 

14 the enactment of this Act. 

15 SEC. 1705. EXTENDING GUARANTEE OF RESIDENCY FOR 

16 VOTING PURPOSES TO FAMILY MEMBERS OF 

17 ABSENT MILITARY PERSONNEL. 

18 Section 102 of the Uniformed and Overseas Citizens 

19 Absentee Voting Act (52 U.S.C. 20302) is amended by 

20 adding at the end the following new subsection: 

21 ‘‘(j) GUARANTEE OF RESIDENCY FOR SPOUSES AND

22 DEPENDENTS OF ABSENT MEMBERS OF UNIFORMED

23 SERVICE.—For the purposes of voting for in any election 

24 for any Federal office or any State or local office, a spouse 

25 or dependent of an individual who is an absent uniformed 


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1 services voter described in subparagraph (A) or (B) of sec2 tion 107(1) shall not, solely by reason of that individual’s 

3 absence and without regard to whether or not such spouse 

4 or dependent is accompanying that individual— 

5 ‘‘(1) be deemed to have lost a residence or 

6 domicile in that State, without regard to whether or 

7 not that individual intends to return to that State; 

8 ‘‘(2) be deemed to have acquired a residence or 

9 domicile in any other State; or 

10 ‘‘(3) be deemed to have become a resident in or 

11 a resident of any other State.’’. 

12 SEC. 1706. EFFECTIVE DATE. 

13 The amendments made by this subtitle shall apply 

14 with respect to elections occurring on or after January 1, 

15 2020. 

16 Subtitle K—Poll Worker 

17 Recruitment and Training 

18 SEC. 1801. GRANTS TO STATES FOR POLL WORKER RE19 CRUITMENT AND TRAINING. 

20 (a) GRANTS BY ELECTION ASSISTANCE COMMIS21 SION.— 

22 (1) IN GENERAL.—The Election Assistance 

23 Commission (hereafter referred to as the ‘‘Commis24 sion’’) shall, subject to the availability of appropria25 tions provided to carry out this section, make a 


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1 grant to each eligible State for recruiting and train2 ing individuals to serve as poll workers on dates of 

3 elections for public office. 

4 (2) USE OF COMMISSION MATERIALS.—In car5 rying out activities with a grant provided under this 

6 section, the recipient of the grant shall use the man7 ual prepared by the Commission on successful prac8 tices for poll worker recruiting, training, and reten9 tion as an interactive training tool, and shall develop 

10 training programs with the participation and input 

11 of experts in adult learning. 

12 (3) ACCESS AND CULTURAL CONSIDER13 ATIONS.—The Commission shall ensure that the 

14 manual described in paragraph (2) provides training 

15 in methods that will enable poll workers to provide 

16 access and delivery of services in a culturally com17 petent manner to all voters who use their services, 

18 including those with limited English proficiency, di19 verse cultural and ethnic backgrounds, disabilities, 

20 and regardless of gender, sexual orientation, or gen21 der identity. These methods must ensure that each 

22 voter will have access to poll worker services that are 

23 delivered in a manner that meets the unique needs 

24 of the voter. 

25 (b) REQUIREMENTS FOR ELIGIBILITY.— 


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1 (1) APPLICATION.—Each State that desires to 

2 receive a payment under this section shall submit an 

3 application for the payment to the Commission at 

4 such time and in such manner and containing such 

5 information as the Commission shall require. 

6 (2) CONTENTS OF APPLICATION.—Each appli7 cation submitted under paragraph (1) shall— 

8 (A) describe the activities for which assist9 ance under this section is sought; 

10 (B) provide assurances that the funds pro11 vided under this section will be used to supple12 ment and not supplant other funds used to 

13 carry out the activities; 

14 (C) provide assurances that the State will 

15 furnish the Commission with information on the 

16 number of individuals who served as poll work17 ers after recruitment and training with the 

18 funds provided under this section; and 

19 (D) provide such additional information 

20 and certifications as the Commission deter21 mines to be essential to ensure compliance with 

22 the requirements of this section. 

23 (c) AMOUNT OF GRANT.— 


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1 (1) IN GENERAL.—The amount of a grant 

2 made to a State under this section shall be equal to 

3 the product of— 

4 (A) the aggregate amount made available 

5 for grants to States under this section; and 

6 (B) the voting age population percentage 

7 for the State. 

8 (2) VOTING AGE POPULATION PERCENTAGE DE9 FINED.—In paragraph (1), the ‘‘voting age popu10 lation percentage’’ for a State is the quotient of— 

11 (A) the voting age population of the State 

12 (as determined on the basis of the most recent 

13 information available from the Bureau of the 

14 Census); and 

15 (B) the total voting age population of all 

16 States (as determined on the basis of the most 

17 recent information available from the Bureau of 

18 the Census). 

19 (d) REPORTS TO CONGRESS.— 

20 (1) REPORTS BY RECIPIENTS OF GRANTS.—Not 

21 later than 6 months after the date on which the 

22 final grant is made under this section, each recipient 

23 of a grant shall submit a report to the Commission 

24 on the activities conducted with the funds provided 

25 by the grant. 


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1 (2) REPORTS BY COMMISSION.—Not later than 

2 1 year after the date on which the final grant is 

3 made under this section, the Commission shall sub4 mit a report to Congress on the grants made under 

5 this section and the activities carried out by recipi6 ents with the grants, and shall include in the report 

7 such recommendations as the Commission considers 

8 appropriate. 

9 (e) FUNDING.— 

10 (1) CONTINUING AVAILABILITY OF AMOUNT AP11 PROPRIATED.—Any amount appropriated to carry 

12 out this section shall remain available without fiscal 

13 year limitation until expended. 

14 (2) ADMINISTRATIVE EXPENSES.—Of the 

15 amount appropriated for any fiscal year to carry out 

16 this section, not more than 3 percent shall be avail17 able for administrative expenses of the Commission. 

18 SEC. 1802. STATE DEFINED. 

19 In this subtitle, the term ‘‘State’’ includes the Dis20 trict of Columbia, the Commonwealth of Puerto Rico, 

21 Guam, American Samoa, the United States Virgin Is22 lands, and the Commonwealth of the Northern Mariana 

23 Islands. 


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1 Subtitle L—Enhancement of 

2 Enforcement 

3 SEC. 1811. ENHANCEMENT OF ENFORCEMENT OF HELP 

4 AMERICA VOTE ACT OF 2002. 

5 (a) COMPLAINTS; AVAILABILITY OF PRIVATE RIGHT

6 OF ACTION.—Section 401 of the Help America Vote Act 

7 of 2002 (52 U.S.C. 21111) is amended— 

8 (1) by striking ‘‘The Attorney General’’ and in9 serting ‘‘(a) IN GENERAL.—The Attorney General’’; 

10 and 

11 (2) by adding at the end the following new sub12 sections: 

13 ‘‘(b) FILING OF COMPLAINTS BY AGGRIEVED PER14 SONS.— 

15 ‘‘(1) IN GENERAL.—A person who is aggrieved 

16 by a violation of title III which has occurred, is oc17 curring, or is about to occur may file a written, 

18 signed, notarized complaint with the Attorney Gen19 eral describing the violation and requesting the At20 torney General to take appropriate action under this 

21 section. The Attorney General shall immediately pro22 vide a copy of a complaint filed under the previous 

23 sentence to the entity responsible for administering 

24 the State-based administrative complaint procedures 

25 described in section 402(a) for the State involved. 


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1 ‘‘(2) RESPONSE BY ATTORNEY GENERAL.—The 

2 Attorney General shall respond to each complaint 

3 filed under paragraph (1), in accordance with proce4 dures established by the Attorney General that re5 quire responses and determinations to be made with6 in the same (or shorter) deadlines which apply to a 

7 State under the State-based administrative com8 plaint procedures described in section 402(a)(2). 

9 The Attorney General shall immediately provide a 

10 copy of the response made under the previous sen11 tence to the entity responsible for administering the 

12 State-based administrative complaint procedures de13 scribed in section 402(a) for the State involved. 

14 ‘‘(c) AVAILABILITY OF PRIVATE RIGHT OF AC15 TION.—Any person who is authorized to file a complaint 

16 under subsection (b)(1) (including any individual who 

17 seeks to enforce the individual’s right to a voter-verified 

18 paper ballot, the right to have the voter-verified paper bal19 lot counted in accordance with this Act, or any other right 

20 under title III) may file an action under section 1979 of 

21 the Revised Statutes of the United States (42 U.S.C. 

22 1983) to enforce the uniform and nondiscriminatory elec23 tion technology and administration requirements under 

24 subtitle A of title III. 


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1 ‘‘(d) NO EFFECT ON STATE PROCEDURES.—Nothing 

2 in this section may be construed to affect the availability 

3 of the State-based administrative complaint procedures re4 quired under section 402 to any person filing a complaint 

5 under this subsection.’’. 

6 (b) EFFECTIVE DATE.—The amendments made by 

7 this section shall apply with respect to violations occurring 

8 with respect to elections for Federal office held in 2020 

9 or any succeeding year. 

10 Subtitle M—Federal Election 

11 Integrity 

12 SEC. 1821. PROHIBITION ON CAMPAIGN ACTIVITIES BY 

13 CHIEF STATE ELECTION ADMINISTRATION 

14 OFFICIALS. 

15 (a) IN GENERAL.—Title III of the Federal Election 

16 Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is 

17 amended by inserting after section 319 the following new 

18 section: 

19 ‘‘CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION

20 ADMINISTRATION OFFICIALS

21 ‘‘SEC. 319A. (a) PROHIBITION.—It shall be unlawful 

22 for a chief State election administration official to take 

23 an active part in political management or in a political 

24 campaign with respect to any election for Federal office 

25 over which such official has supervisory authority. 


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1 ‘‘(b) CHIEF STATE ELECTION ADMINISTRATION OF2 FICIAL.—The term ‘chief State election administration of3 ficial’ means the highest State official with responsibility 

4 for the administration of Federal elections under State 

5 law. 

6 ‘‘(c) ACTIVE PART IN POLITICAL MANAGEMENT OR

7 IN A POLITICAL CAMPAIGN.—The term ‘active part in po8 litical management or in a political campaign’ means— 

9 ‘‘(1) serving as a member of an authorized com10 mittee of a candidate for Federal office; 

11 ‘‘(2) the use of official authority or influence 

12 for the purpose of interfering with or affecting the 

13 result of an election for Federal office; 

14 ‘‘(3) the solicitation, acceptance, or receipt of a 

15 contribution from any person on behalf of a can16 didate for Federal office; and 

17 ‘‘(4) any other act which would be prohibited 

18 under paragraph (2) or (3) of section 7323(b) of 

19 title 5, United States Code, if taken by an individual 

20 to whom such paragraph applies (other than any 

21 prohibition on running for public office). 

22 ‘‘(d) EXCEPTION IN CASE OF RECUSAL FROM AD23 MINISTRATION OF ELECTIONS INVOLVING OFFICIAL OR

24 IMMEDIATE FAMILY MEMBER.— 


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1 ‘‘(1) IN GENERAL.—This section does not apply 

2 to a chief State election administration official with 

3 respect to an election for Federal office in which the 

4 official or an immediate family member of the offi5 cial is a candidate, but only if— 

6 ‘‘(A) such official recuses himself or herself 

7 from all of the official’s responsibilities for the 

8 administration of such election; and 

9 ‘‘(B) the official who assumes responsi10 bility for supervising the administration of the 

11 election does not report directly to such official. 

12 ‘‘(2) IMMEDIATE FAMILY MEMBER DEFINED.— 

13 In paragraph (1), the term ‘immediate family mem14 ber’ means, with respect to a candidate, a father, 

15 mother, son, daughter, brother, sister, husband, 

16 wife, father-in-law, or mother-in-law.’’. 

17 (b) EFFECTIVE DATE.—The amendments made by 

18 subsection (a) shall apply with respect to elections for 

19 Federal office held after December 2019. 


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1 Subtitle N—Promoting Voter Ac2 cess Through Election Adminis3 tration Improvements 

4 PART 1—PROMOTING VOTER ACCESS 

5 SEC. 1901. TREATMENT OF INSTITUTIONS OF HIGHER EDU6 CATION. 

7 (a) TREATMENT OF CERTAIN INSTITUTIONS AS

8 VOTER REGISTRATION AGENCIES UNDER NATIONAL

9 VOTER REGISTRATION ACT OF 1993.—Section 7(a) of the 

10 National Voter Registration Act of 1993 (52 U.S.C. 

11 20506(a)) is amended— 

12 (1) in paragraph (2)— 

13 (A) by striking ‘‘and’’ at the end of sub14 paragraph (A); 

15 (B) by striking the period at the end of 

16 subparagraph (B) and inserting ‘‘; and’’; and 

17 (C) by adding at the end the following new 

18 subparagraph: 

19 ‘‘(C) each institution of higher education 

20 which has a program participation agreement in 

21 effect with the Secretary of Education under 

22 section 487 of the Higher Education Act of 

23 1965 (20 U.S.C. 1094), other than an institu24 tion which is treated as a contributing agency 


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1 under the Automatic Voter Registration Act of 

2 2019.’’; and 

3 (2) in paragraph (6)(A), by inserting ‘‘or, in 

4 the case of an institution of higher education, with 

5 each registration of a student for enrollment in a 

6 course of study, including enrollment in a program 

7 of distance education, as defined in section 103(7) 

8 of the Higher Education Act of 1965 (20 U.S.C. 

9 1003(7)),’’ after ‘‘assistance,’’. 

10 (b) RESPONSIBILITIES OF INSTITUTIONS UNDER

11 HIGHER EDUCATION ACT OF 1965.— 

12 (1) IN GENERAL.—Section 487(a)(23) of the 

13 Higher Education Act of 1965 (20 U.S.C. 

14 1094(a)(23)) is amended to read as follows: 

15 ‘‘(23)(A)(i) The institution will ensure that an 

16 appropriate staff person or office is designated pub17 licly as a ‘Campus Vote Coordinator’ and will ensure 

18 that such person’s or office’s contact information is 

19 included on the institution’s website. 

20 ‘‘(ii) Not fewer than twice during each calendar 

21 year (beginning with 2020), the Campus Vote Coor22 dinator shall transmit electronically to each student 

23 enrolled in the institution (including students en24 rolled in distance education programs) a message 

25 containing the following information: 


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1 ‘‘(I) Information on the location of polling 

2 places in the jurisdiction in which the institu3 tion is located, together with information on 

4 available methods of transportation to and from 

5 such polling places. 

6 ‘‘(II) A referral to a government-affiliated 

7 website or online platform which provides cen8 tralized voter registration information for all 

9 States, including access to applicable voter reg10 istration forms and information to assist indi11 viduals who are not registered to vote in reg12 istering to vote. 

13 ‘‘(III) Any additional voter registration 

14 and voting information the Coordinator con15 siders appropriate, in consultation with the ap16 propriate State election official. 

17 ‘‘(iii) In addition to transmitting the message 

18 described in clause (ii) not fewer than twice during 

19 each calendar year, the Campus Vote Coordinator 

20 shall transmit the message under such clause not 

21 fewer than 30 days prior to the deadline for reg22 istering to vote for any election for Federal, State, 

23 or local office in the State. 

24 ‘‘(B) If the institution in its normal course of 

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1 rollment in a course of study, including students 

2 registering for enrollment in a program of distance 

3 education, to affirm whether or not the student is a 

4 United States citizen, the institution will comply 

5 with the applicable requirements for a contributing 

6 agency under the Automatic Voter Registration Act 

7 of 2019. 

8 ‘‘(C) If the institution is not described in sub9 paragraph (B), the institution will comply with the 

10 requirements for a voter registration agency in the 

11 State in which it is located in accordance with sec12 tion 7 of the National Voter Registration Act of 

13 1993 (52 U.S.C. 20506). 

14 ‘‘(D) This paragraph applies only with respect 

15 to an institution which is located in a State to which 

16 section 4(b) of the National Voter Registration Act 

17 of 1993 (52 U.S.C. 20503(b)) does not apply.’’. 

18 (2) EFFECTIVE DATE.—The amendments made 

19 by this subsection shall apply with respect to elec20 tions held on or after January 1, 2020. 

21 (c) GRANTS TO INSTITUTIONS DEMONSTRATING EX22 CELLENCE IN STUDENT VOTER REGISTRATION.— 

23 (1) GRANTS AUTHORIZED.—The Secretary of 

24 Education may award competitive grants to public 

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1 cation that are subject to the requirements of sec2 tion 487(a)(23) of the Higher Education Act of 

3 1965 (20 U.S.C. 1094(a)(23)), as amended by sub4 section (a), and that the Secretary determines have 

5 demonstrated excellence in registering students to 

6 vote in elections for public office beyond meeting the 

7 minimum requirements of such section. 

8 (2) ELIGIBILITY.—An institution of higher edu9 cation is eligible to receive a grant under this sub10 section if the institution submits to the Secretary of 

11 Education, at such time and in such form as the 

12 Secretary may require, an application containing 

13 such information and assurances as the Secretary 

14 may require to make the determination described in 

15 paragraph (1), including information and assurances 

16 that the institution carried out activities to promote 

17 voter registration by students, such as the following: 

18 (A) Sponsoring large on-campus voter mo19 bilization efforts. 

20 (B) Engaging the surrounding community 

21 in nonpartisan voter registration and get out 

22 the vote efforts. 

23 (C) Creating a website for students with 

24 centralized information about voter registration 

25 and election dates. 


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1 (D) Inviting candidates to speak on cam2 pus. 

3 (E) Offering rides to students to the polls 

4 to increase voter education, registration, and 

5 mobilization. 

6 (3) AUTHORIZATION OF APPROPRIATIONS.— 

7 There are authorized to be appropriated for fiscal 

8 year 2020 and each succeeding fiscal year such sums 

9 as may be necessary to award grants under this sub10 section. 

11 (d) SENSE OF CONGRESS RELATING TO OPTION OF

12 STUDENTS TO REGISTER IN JURISDICTION OF INSTITU13 TION OF HIGHER EDUCATION OR JURISDICTION OF DOMI14 CILE.—It is the sense of Congress that, as provided under 

15 existing law, students who attend an institution of higher 

16 education and reside in the jurisdiction of the institution 

17 while attending the institution should have the option of 

18 registering to vote in elections for Federal office in that 

19 jurisdiction or in the jurisdiction of their own domicile. 

20 SEC. 1902. MINIMUM NOTIFICATION REQUIREMENTS FOR 

21 VOTERS AFFECTED BY POLLING PLACE 

22 CHANGES. 

23 (a) REQUIREMENTS.—Section 302 of the Help Amer24 ica Vote Act of 2002 (52 U.S.C. 21082), as amended by 

25 section 1601(a), is amended— 


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1 (1) by redesignating subsection (f) as sub2 section (g); and 

3 (2) by inserting after subsection (e) the fol4 lowing new subsection: 

5 ‘‘(f) MINIMUM NOTIFICATION REQUIREMENTS FOR

6 VOTERS AFFECTED BY POLLING PLACE CHANGES.— 

7 ‘‘(1) IN GENERAL.—If a State assigns an indi8 vidual who is a registered voter in a State to a poll9 ing place with respect to an election for Federal of10 fice which is not the same polling place to which the 

11 individual was previously assigned with respect to 

12 the most recent election for Federal office in the 

13 State in which the individual was eligible to vote— 

14 ‘‘(A) the State shall notify the individual of 

15 the location of the polling place not later than 

16 7 days before the date of the election or the 

17 first day of an early voting period (whichever 

18 occurs first); or 

19 ‘‘(B) if the State makes such an assign20 ment fewer than 7 days before the date of the 

21 election and the individual appears on the date 

22 of the election at the polling place to which the 

23 individual was previously assigned, the State 

24 shall make every reasonable effort to enable the 

25 individual to vote on the date of the election. 


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1 ‘‘(2) EFFECTIVE DATE.—This subsection shall 

2 apply with respect to elections held on or after Janu3 ary 1, 2020.’’. 

4 (b) CONFORMING AMENDMENT.—Section 302(g) of 

5 such Act (52 U.S.C. 21082(g)), as redesignated by sub6 section (a) and as amended by section 1601(b), is amend7 ed by striking ‘‘(d)(2) and (e)(2)’’ and inserting ‘‘(d)(2), 

8 (e)(2), and (f)(2)’’. 

9 SEC. 1903. PERMITTING USE OF SWORN WRITTEN STATE10 MENT TO MEET IDENTIFICATION REQUIRE11 MENTS FOR VOTING. 

12 (a) PERMITTING USE OF STATEMENT.—Title III of 

13 the Help America Vote Act of 2002 (52 U.S.C. 21081 et 

14 seq.) is amended by inserting after section 303 the fol15 lowing new section: 

16 ‘‘SEC. 303A. PERMITTING USE OF SWORN WRITTEN STATE17 MENT TO MEET IDENTIFICATION REQUIRE18 MENTS. 

19 ‘‘(a) USE OF STATEMENT.— 

20 ‘‘(1) IN GENERAL.—Except as provided in sub21 section (c), if a State has in effect a requirement 

22 that an individual present identification as a condi23 tion of receiving and casting a ballot in an election 

24 for Federal office, the State shall permit the indi25 vidual to meet the requirement— 


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1 ‘‘(A) in the case of an individual who de2 sires to vote in person, by presenting the appro3 priate State or local election official with a 

4 sworn written statement, signed by the indi5 vidual under penalty of perjury, attesting to the 

6 individual’s identity and attesting that the indi7 vidual is eligible to vote in the election; or 

8 ‘‘(B) in the case of an individual who de9 sires to vote by mail, by submitting with the 

10 ballot the statement described in subparagraph 

11 (A). 

12 ‘‘(2) DEVELOPMENT OF PRE-PRINTED VERSION

13 OF STATEMENT BY COMMISSION.—The Commission 

14 shall develop a pre-printed version of the statement 

15 described in paragraph (1)(A) which includes a 

16 blank space for an individual to provide a name and 

17 signature for use by election officials in States which 

18 are subject to paragraph (1). 

19 ‘‘(3) PROVIDING PRE-PRINTED COPY OF STATE20 MENT.—A State which is subject to paragraph (1) 

21 shall— 

22 ‘‘(A) make copies of the pre-printed 

23 version of the statement described in paragraph 

24 (1)(A) which is prepared by the Commission 

25 available at polling places for election officials 


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1 to distribute to individuals who desire to vote in 

2 person; and 

3 ‘‘(B) include a copy of such pre-printed 

4 version of the statement with each blank absen5 tee or other ballot transmitted to an individual 

6 who desires to vote by mail. 

7 ‘‘(b) REQUIRING USE OF BALLOT IN SAME MANNER

8 AS INDIVIDUALS PRESENTING IDENTIFICATION.—An in9 dividual who presents or submits a sworn written state10 ment in accordance with subsection (a)(1) shall be per11 mitted to cast a ballot in the election in the same manner 

12 as an individual who presents identification. 

13 ‘‘(c) EXCEPTION FOR FIRST-TIME VOTERS REG14 ISTERING BY MAIL.—Subsections (a) and (b) do not apply 

15 with respect to any individual described in paragraph (1) 

16 of section 303(b) who is required to meet the requirements 

17 of paragraph (2) of such section.’’. 

18 (b) REQUIRING STATES TO INCLUDE INFORMATION

19 ON USE OF SWORN WRITTEN STATEMENT IN VOTING IN20 FORMATION MATERIAL POSTED AT POLLING PLACES.— 

21 Section 302(b)(2) of such Act (52 U.S.C. 21082(b)(2)), 

22 as amended by section 1072(b) and section 1202(b), is 

23 amended— 

24 (1) by striking ‘‘and’’ at the end of subpara25 graph (G); 


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1 (2) by striking the period at the end of sub2 paragraph (H) and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following new sub4 paragraph: 

5 ‘‘(I) in the case of a State that has in ef6 fect a requirement that an individual present 

7 identification as a condition of receiving and 

8 casting a ballot in an election for Federal office, 

9 information on how an individual may meet 

10 such requirement by presenting a sworn written 

11 statement in accordance with section 303A.’’. 

12 (c) CLERICAL AMENDMENT.—The table of contents 

13 of such Act is amended by inserting after the item relating 

14 to section 303 the following new item: 

‘‘Sec. 303A. Permitting use of sworn written statement to meet identification 

requirements.’’. 

15 (e) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply with respect to elections occurring 

17 on or after the date of the enactment of this Act. 

18 SEC. 1904. POSTAGE-FREE BALLOTS. 

19 (a) IN GENERAL.—Chapter 34 of title 39, United 

20 States Code, is amended by adding after section 3406 the 

21 following: 

22 ‘‘§ 3407. Absentee ballots 

23 ‘‘(a) Any absentee ballot for any election for Federal 

24 office shall be carried expeditiously, with postage prepaid 


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1 by the State or unit of local government responsible for 

2 the administration of the election. 

3 ‘‘(b) As used in this section, the term ‘absentee ballot’ 

4 means any ballot transmitted by a voter by mail in an 

5 election for Federal office, but does not include any ballot 

6 covered by section 3406.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 for chapter 34 of such title is amended by inserting after 

9 the item relating to section 3406 the following: 

‘‘3407. Absentee ballots.’’. 

10 SEC. 1905. REIMBURSEMENT FOR COSTS INCURRED BY 

11 STATES IN ESTABLISHING PROGRAM TO 

12 TRACK AND CONFIRM RECEIPT OF ABSENTEE 

13 BALLOTS. 

14 (a) REIMBURSEMENT.—Subtitle D of title II of the 

15 Help America Vote Act of 2002 (42 U.S.C. 15401 et seq.) 

16 is amended by adding at the end the following new part: 

17 ‘‘PART 7—PAYMENTS TO REIMBURSE STATES 

18 FOR COSTS INCURRED IN ESTABLISHING 

19 PROGRAM TO TRACK AND CONFIRM RE20 CEIPT OF ABSENTEE BALLOTS 

21 ‘‘SEC. 297. PAYMENTS TO STATES. 

22 ‘‘(a) PAYMENTS FOR COSTS OF ESTABLISHING PRO23 GRAM.—In accordance with this section, the Commission 

24 shall make a payment to a State to reimburse the State 

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1 es to establish, an absentee ballot tracking program with 

2 respect to elections for Federal office held in the State 

3 (including costs incurred prior to the date of the enact4 ment of this part). 

5 ‘‘(b) ABSENTEE BALLOT TRACKING PROGRAM DE6 SCRIBED.— 

7 ‘‘(1) PROGRAM DESCRIBED.— 

8 ‘‘(A) IN GENERAL.—In this part, an ‘ab9 sentee ballot tracking program’ is a program to 

10 track and confirm the receipt of absentee bal11 lots in an election for Federal office under 

12 which the State or local election official respon13 sible for the receipt of voted absentee ballots in 

14 the election carries out procedures to track and 

15 confirm the receipt of such ballots, and makes 

16 information on the receipt of such ballots avail17 able to the individual who cast the ballot, by 

18 means of online access using the internet site of 

19 the official’s office. 

20 ‘‘(B) INFORMATION ON WHETHER VOTE

21 WAS COUNTED.—The information referred to 

22 under subparagraph (A) with respect to the re23 ceipt of an absentee ballot shall include infor24 mation regarding whether the vote cast on the 


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1 ballot was counted, and, in the case of a vote 

2 which was not counted, the reasons therefor. 

3 ‘‘(2) USE OF TOLL-FREE TELEPHONE NUMBER

4 BY OFFICIALS WITHOUT INTERNET SITE.—A pro5 gram established by a State or local election official 

6 whose office does not have an internet site may meet 

7 the description of a program under paragraph (1) if 

8 the official has established a toll-free telephone num9 ber that may be used by an individual who cast an 

10 absentee ballot to obtain the information on the re11 ceipt of the voted absentee ballot as provided under 

12 such paragraph. 

13 ‘‘(c) CERTIFICATION OF COMPLIANCE AND COSTS.— 

14 ‘‘(1) CERTIFICATION REQUIRED.—In order to 

15 receive a payment under this section, a State shall 

16 submit to the Commission a statement containing— 

17 ‘‘(A) a certification that the State has es18 tablished an absentee ballot tracking program 

19 with respect to elections for Federal office held 

20 in the State; and 

21 ‘‘(B) a statement of the costs incurred by 

22 the State in establishing the program. 

23 ‘‘(2) AMOUNT OF PAYMENT.—The amount of a 

24 payment made to a State under this section shall be 

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1 lishing the absentee ballot tracking program, as set 

2 forth in the statement submitted under paragraph 

3 (1), except that such amount may not exceed the 

4 product of— 

5 ‘‘(A) the number of jurisdictions in the 

6 State which are responsible for operating the 

7 program; and 

8 ‘‘(B) $3,000. 

9 ‘‘(3) LIMIT ON NUMBER OF PAYMENTS RE10 CEIVED.—A State may not receive more than one 

11 payment under this part. 

12 ‘‘SEC. 297A. AUTHORIZATION OF APPROPRIATIONS. 

13 ‘‘(a) AUTHORIZATION.—There are authorized to be 

14 appropriated to the Commission for fiscal year 2020 and 

15 each succeeding fiscal year such sums as may be necessary 

16 for payments under this part. 

17 ‘‘(b) CONTINUING AVAILABILITY OF FUNDS.—Any 

18 amounts appropriated pursuant to the authorization under 

19 this section shall remain available until expended.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents 

21 of such Act is amended by adding at the end of the items 

22 relating to subtitle D of title II the following: 

‘‘PART 7—PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE

BALLOTS

‘‘Sec. 297. Payments to States. 

‘‘Sec. 297A. Authorization of appropriations.’’. 


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1 SEC. 1906. VOTER INFORMATION RESPONSE SYSTEMS AND 

2 HOTLINE. 

3 (a) ESTABLISHMENT AND OPERATION OF SYSTEMS

4 AND SERVICES.— 

5 (1) STATE-BASED RESPONSE SYSTEMS.—The 

6 Attorney General shall coordinate the establishment 

7 of a State-based response system for responding to 

8 questions and complaints from individuals voting or 

9 seeking to vote, or registering to vote or seeking to 

10 register to vote, in elections for Federal office. Such 

11 system shall provide— 

12 (A) State-specific, same-day, and imme13 diate assistance to such individuals, including 

14 information on how to register to vote, the loca15 tion and hours of operation of polling places, 

16 and how to obtain absentee ballots; and 

17 (B) State-specific, same-day, and imme18 diate assistance to individuals encountering 

19 problems with registering to vote or voting, in20 cluding individuals encountering intimidation or 

21 deceptive practices. 

22 (2) HOTLINE.—The Attorney General, in con23 sultation with State election officials, shall establish 

24 and operate a toll-free telephone service, using a 

25 telephone number that is accessible throughout the 

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1 merals, through which individuals throughout the 

2 United States— 

3 (A) may connect directly to the State4 based response system described in paragraph 

5 (1) with respect to the State involved; 

6 (B) may obtain information on voting in 

7 elections for Federal office, including informa8 tion on how to register to vote in such elections, 

9 the locations and hours of operation of polling 

10 places, and how to obtain absentee ballots; and 

11 (C) may report information to the Attor12 ney General on problems encountered in reg13 istering to vote or voting, including incidences 

14 of voter intimidation or suppression. 

15 (3) COLLABORATION WITH STATE AND LOCAL

16 ELECTION OFFICIALS.— 

17 (A) COLLECTION OF INFORMATION FROM

18 STATES.—The Attorney General shall coordi19 nate the collection of information on State and 

20 local election laws and policies, including infor21 mation on the Statewide computerized voter 

22 registration lists maintained under title III of 

23 the Help America Vote Act of 2002, so that in24 dividuals who contact the free telephone service 

25 established under paragraph (2) on the date of 


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1 an election for Federal office may receive an 

2 immediate response on that day. 

3 (B) FORWARDING QUESTIONS AND COM4 PLAINTS TO STATES.—If an individual contacts 

5 the free telephone service established under 

6 paragraph (2) on the date of an election for 

7 Federal office with a question or complaint with 

8 respect to a particular State or jurisdiction 

9 within a State, the Attorney General shall for10 ward the question or complaint immediately to 

11 the appropriate election official of the State or 

12 jurisdiction so that the official may answer the 

13 question or remedy the complaint on that date. 

14 (4) CONSULTATION REQUIREMENTS FOR DE15 VELOPMENT OF SYSTEMS AND SERVICES.—The At16 torney General shall ensure that the State-based re17 sponse system under paragraph (1) and the free 

18 telephone service under paragraph (2) are each de19 veloped in consultation with civil rights organiza20 tions, voting rights groups, State and local election 

21 officials, voter protection groups, and other inter22 ested community organizations, especially those that 

23 have experience in the operation of similar systems 

24 and services. 


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1 (b) USE OF SERVICE BY INDIVIDUALS WITH DIS2 ABILITIES AND INDIVIDUALS WITH LIMITED ENGLISH

3 LANGUAGE PROFICIENCY.—The Attorney General shall 

4 design and operate the telephone service established under 

5 this section in a manner that ensures that individuals with 

6 disabilities are fully able to use the service, and that as7 sistance is provided in any language in which the State 

8 (or any jurisdiction in the State) is required to provide 

9 election materials under section 203 of the Voting Rights 

10 Act of 1965. 

11 (c) VOTER HOTLINE TASK FORCE.— 

12 (1) APPOINTMENT BY ATTORNEY GENERAL.— 

13 The Attorney General shall appoint individuals (in 

14 such number as the Attorney General considers ap15 propriate but in no event fewer than 3) to serve on 

16 a Voter Hotline Task Force to provide ongoing anal17 ysis and assessment of the operation of the tele18 phone service established under this section, and 

19 shall give special consideration in making appoint20 ments to the Task Force to individuals who rep21 resent civil rights organizations. At least one mem22 ber of the Task Force shall be a representative of 

23 an organization promoting voting rights or civil 

24 rights which has experience in the operation of simi25 lar telephone services or in protecting the rights of 


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1 individuals to vote, especially individuals who are 

2 members of racial, ethnic, or linguistic minorities or 

3 of communities who have been adversely affected by 

4 efforts to suppress voting rights. 

5 (2) ELIGIBILITY.—An individual shall be eligi6 ble to serve on the Task Force under this subsection 

7 if the individual meets such criteria as the Attorney 

8 General may establish, except that an individual may 

9 not serve on the task force if the individual has been 

10 convicted of any criminal offense relating to voter in11 timidation or voter suppression. 

12 (3) TERM OF SERVICE.—An individual ap13 pointed to the Task Force shall serve a single term 

14 of 2 years, except that the initial terms of the mem15 bers first appointed to the Task Force shall be stag16 gered so that there are at least 3 individuals serving 

17 on the Task Force during each year. A vacancy in 

18 the membership of the Task Force shall be filled in 

19 the same manner as the original appointment. 

20 (4) NO COMPENSATION FOR SERVICE.—Mem21 bers of the Task Force shall serve without pay, but 

22 shall receive travel expenses, including per diem in 

23 lieu of subsistence, in accordance with applicable 

24 provisions under subchapter I of chapter 57 of title 

25 5, United States Code. 


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1 (d) BI-ANNUAL REPORT TO CONGRESS.—Not later 

2 than March 1 of each odd-numbered year, the Attorney 

3 General shall submit a report to Congress on the operation 

4 of the telephone service established under this section dur5 ing the previous 2 years, and shall include in the report— 

6 (1) an enumeration of the number and type of 

7 calls that were received by the service; 

8 (2) a compilation and description of the reports 

9 made to the service by individuals citing instances of 

10 voter intimidation or suppression, together with a 

11 description of any actions taken in response to such 

12 instances of voter intimidation or suppression; 

13 (3) an assessment of the effectiveness of the 

14 service in making information available to all house15 holds in the United States with telephone service; 

16 (4) any recommendations developed by the 

17 Task Force established under subsection (c) with re18 spect to how voting systems may be maintained or 

19 upgraded to better accommodate voters and better 

20 ensure the integrity of elections, including but not 

21 limited to identifying how to eliminate coordinated 

22 voter suppression efforts and how to establish effec23 tive mechanisms for distributing updates on changes 

24 to voting requirements; and 


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1 (5) any recommendations on best practices for 

2 the State-based response systems established under 

3 subsection (a)(1). 

4 (e) AUTHORIZATION OF APPROPRIATIONS.— 

5 (1) AUTHORIZATION.—There are authorized to 

6 be appropriated to the Attorney General for fiscal 

7 year 2019 and each succeeding fiscal year such sums 

8 as may be necessary to carry out this section. 

9 (2) SET-ASIDE FOR OUTREACH.—Of the 

10 amounts appropriated to carry out this section for a 

11 fiscal year pursuant to the authorization under para12 graph (1), not less than 15 percent shall be used for 

13 outreach activities to make the public aware of the 

14 availability of the telephone service established under 

15 this section, with an emphasis on outreach to indi16 viduals with disabilities and individuals with limited 

17 proficiency in the English language. 

18 SEC. 1907. LIMITING VARIATIONS ON NUMBER OF HOURS 

19 OF OPERATION FOR POLLING PLACES WITH20 IN A STATE. 

21 (a) LIMITING VARIATIONS.—Subtitle A of title III of 

22 the Help America Vote Act of 2002 (52 U.S.C. 21081 et 

23 seq.), as amended by section 1031(a), section 1101(a), 

24 section 1611(a), and section 1621(a), is amended— 


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1 (1) by redesignating sections 308 and 309 as 

2 sections 309 and 310; and 

3 (2) by inserting after section 307 the following 

4 new section: 

5 ‘‘SEC. 308. LIMITING VARIATIONS ON NUMBER OF HOURS 

6 OF OPERATION OF POLLING PLACES WITH A 

7 STATE. 

8 ‘‘(a) LIMITATION.— 

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2) and subsection (b), each State shall estab11 lish hours of operation for all polling places in the 

12 State on the date of any election for Federal office 

13 held in the State such that the polling place with the 

14 greatest number of hours of operation on such date 

15 is not in operation for more than 2 hours longer 

16 than the polling place with the fewest number of 

17 hours of operation on such date. 

18 ‘‘(2) PERMITTING VARIANCE ON BASIS OF POP19 ULATION.—Paragraph (1) does not apply to the ex20 tent that the State establishes variations in the 

21 hours of operation of polling places on the basis of 

22 the overall population or the voting age population 

23 (as the State may select) of the unit of local govern24 ment in which such polling places are located. 


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1 ‘‘(b) EXCEPTIONS FOR POLLING PLACES WITH

2 HOURS ESTABLISHED BY UNITS OF LOCAL GOVERN3 MENT.—Subsection (a) does not apply in the case of a 

4 polling place— 

5 ‘‘(1) whose hours of operation are established, 

6 in accordance with State law, by the unit of local 

7 government in which the polling place is located; or 

8 ‘‘(2) which is required pursuant to an order by 

9 a court to extend its hours of operation beyond the 

10 hours otherwise established.’’. 

11 (b) CLERICAL AMENDMENT.—The table of contents 

12 of such Act, as amended by section 1031(c), section 

13 1101(d), section 1611(c), and section 1621(c), is amend14 ed— 

15 (1) by redesignating the items relating to sec16 tions 308 and 309 as relating to sections 309 and 

17 310; and 

18 (2) by inserting after the item relating to sec19 tion 307 the following new item: 

‘‘Sec. 308. Limiting variations on number of hours of operation of polling 

places with a State.’’. 


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1 PART 2—IMPROVEMENTS IN OPERATION OF 

2 ELECTION ASSISTANCE COMMISSION 

3 SEC. 1911. REAUTHORIZATION OF ELECTION ASSISTANCE 

4 COMMISSION. 

5 Section 210 of the Help America Vote Act of 2002 

6 (52 U.S.C. 20930) is amended— 

7 (1) by striking ‘‘for each of the fiscal years 

8 2003 through 2005’’ and inserting ‘‘for fiscal year 

9 2019 and each succeeding fiscal year’’; and 

10 (2) by striking ‘‘(but not to exceed $10,000,000 

11 for each such year)’’. 

12 SEC. 1912. REQUIRING STATES TO PARTICIPATE IN POST13 GENERAL ELECTION SURVEYS. 

14 (a) REQUIREMENT.—Title III of the Help America 

15 Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended 

16 by section 1903(a), is further amended by inserting after 

17 section 303A the following new section: 

18 ‘‘SEC. 303B. REQUIRING PARTICIPATION IN POST-GENERAL 

19 ELECTION SURVEYS. 

20 ‘‘(a) REQUIREMENT.—Each State shall furnish to the 

21 Commission such information as the Commission may re22 quest for purposes of conducting any post-election survey 

23 of the States with respect to the administration of a regu24 larly scheduled general election for Federal office. 

25 ‘‘(b) EFFECTIVE DATE.—This section shall apply 

26 with respect to the regularly scheduled general election for 


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1 Federal office held in November 2020 and any succeeding 

2 election.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 of such Act, as amended by section 1903(c), is further 

5 amended by inserting after the item relating to section 

6 303A the following new item: 

‘‘Sec. 303B. Requiring participation in post-general election surveys.’’. 

7 SEC. 1913. REPORTS BY NATIONAL INSTITUTE OF STAND8 ARDS AND TECHNOLOGY ON USE OF FUNDS 

9 TRANSFERRED FROM ELECTION ASSISTANCE 

10 COMMISSION. 

11 (a) REQUIRING REPORTS ON USE FUNDS AS CONDI12 TION OF RECEIPT.—Section 231 of the Help America 

13 Vote Act of 2002 (52 U.S.C. 20971) is amended by adding 

14 at the end the following new subsection: 

15 ‘‘(e) REPORT ON USE OF FUNDS TRANSFERRED

16 FROM COMMISSION.—To the extent that funds are trans17 ferred from the Commission to the Director of the Na18 tional Institute of Standards and Technology for purposes 

19 of carrying out this section during any fiscal year, the Di20 rector may not use such funds unless the Director certifies 

21 at the time of transfer that the Director will submit a re22 port to the Commission not later than 90 days after the 

23 end of the fiscal year detailing how the Director used such 

24 funds during the year.’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall apply with respect to fiscal year 2020 

3 and each succeeding fiscal year. 

4 SEC. 1914. RECOMMENDATIONS TO IMPROVE OPERATIONS 

5 OF ELECTION ASSISTANCE COMMISSION. 

6 (a) ASSESSMENT OF INFORMATION TECHNOLOGY

7 AND CYBERSECURITY.—Not later than December 31, 

8 2019, the Election Assistance Commission shall carry out 

9 an assessment of the security and effectiveness of the 

10 Commission’s information technology systems, including 

11 the cybersecurity of such systems. 

12 (b) IMPROVEMENTS TO ADMINISTRATIVE COMPLAINT

13 PROCEDURES.— 

14 (1) REVIEW OF PROCEDURES.—The Election 

15 Assistance Commission shall carry out a review of 

16 the effectiveness and efficiency of the State-based 

17 administrative complaint procedures established and 

18 maintained under section 402 of the Help America 

19 Vote Act of 2002 (52 U.S.C. 21112) for the inves20 tigation and resolution of allegations of violations of 

21 title III of such Act. 

22 (2) RECOMMENDATIONS TO STREAMLINE PRO23 CEDURES.—Not later than December 31, 2019, the 

24 Commission shall submit to Congress a report on 

25 the review carried out under paragraph (1), and 


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1 shall include in the report such recommendations as 

2 the Commission considers appropriate to streamline 

3 and improve the procedures which are the subject of 

4 the review. 

5 SEC. 1915. REPEAL OF EXEMPTION OF ELECTION ASSIST6 ANCE COMMISSION FROM CERTAIN GOVERN7 MENT CONTRACTING REQUIREMENTS. 

8 (a) IN GENERAL.—Section 205 of the Help America 

9 Vote Act of 2002 (52 U.S.C. 20925) is amended by strik10 ing subsection (e). 

11 (b) EFFECTIVE DATE.—The amendment made by 

12 subsection (a) shall apply with respect to contracts entered 

13 into by the Election Assistance Commission on or after 

14 the date of the enactment of this Act. 

15 PART 3—MISCELLANEOUS PROVISIONS 

16 SEC. 1921. APPLICATION OF LAWS TO COMMONWEALTH OF 

17 THE NORTHERN MARIANA ISLANDS. 

18 (a) NATIONAL VOTER REGISTRATION ACT OF

19 1993.—Section 3(4) of the National Voter Registration 

20 Act of 1993 (52 U.S.C. 20502(4)) is amended by striking 

21 ‘‘States and the District of Columbia’’ and inserting 

22 ‘‘States, the District of Columbia, and the Commonwealth 

23 of the Northern Mariana Islands’’. 

24 (b) HELP AMERICA VOTE ACT OF 2002.— 


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1 (1) COVERAGE OF COMMONWEALTH OF THE

2 NORTHERN MARIANA ISLANDS.—Section 901 of the 

3 Help America Vote Act of 2002 (52 U.S.C. 21141) 

4 is amended by striking ‘‘and the United States Vir5 gin Islands’’ and inserting ‘‘the United States Virgin 

6 Islands, and the Commonwealth of the Northern 

7 Mariana Islands’’. 

8 (2) CONFORMING AMENDMENTS TO HELP

9 AMERICA VOTE ACT OF 2002.—Such Act is further 

10 amended as follows: 

11 (A) The second sentence of section 

12 213(a)(2) (52 U.S.C. 20943(a)(2)) is amended 

13 by striking ‘‘and American Samoa’’ and insert14 ing ‘‘American Samoa, and the Commonwealth 

15 of the Northern Mariana Islands’’. 

16 (B) Section 252(c)(2) (52 U.S.C. 

17 21002(c)(2)) is amended by striking ‘‘or the 

18 United States Virgin Islands’’ and inserting 

19 ‘‘the United States Virgin Islands, or the Com20 monwealth of the Northern Mariana Islands’’. 

21 (3) CONFORMING AMENDMENT RELATING TO

22 CONSULTATION OF HELP AMERICA VOTE FOUNDA23 TION WITH LOCAL ELECTION OFFICIALS.—Section 

24 90102(c) of title 36, United States Code, is amend25 ed by striking ‘‘and the United States Virgin IsVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 lands’’ and inserting ‘‘the United States Virgin Is2 lands, and the Commonwealth of the Northern Mar3 iana Islands’’. 

4 (4) EFFECTIVE DATE.—The amendments made 

5 by this subsection shall apply with respect to fiscal 

6 years beginning with the first fiscal year which be7 gins after funds are appropriated to the Common8 wealth of the Northern Mariana Islands pursuant to 

9 the payment under section 2. 

10 SEC. 1922. NO EFFECT ON OTHER LAWS. 

11 (a) IN GENERAL.—Except as specifically provided, 

12 nothing in this title may be construed to authorize or re13 quire conduct prohibited under any of the following laws, 

14 or to supersede, restrict, or limit the application of such 

15 laws: 

16 (1) The Voting Rights Act of 1965 (52 U.S.C. 

17 10301 et seq.). 

18 (2) The Voting Accessibility for the Elderly and 

19 Handicapped Act (52 U.S.C. 20101 et seq.). 

20 (3) The Uniformed and Overseas Citizens Ab21 sentee Voting Act (52 U.S.C. 20301 et seq.). 

22 (4) The National Voter Registration Act of 

23 1993 (52 U.S.C. 20501 et seq.). 

24 (5) The Americans with Disabilities Act of 

25 1990 (42 U.S.C. 12101 et seq.). 


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1 (6) The Rehabilitation Act of 1973 (29 U.S.C. 

2 701 et seq.). 

3 (b) NO EFFECT ON PRECLEARANCE OR OTHER RE4 QUIREMENTS UNDER VOTING RIGHTS ACT.—The ap5 proval by any person of a payment or grant application 

6 under this title, or any other action taken by any person 

7 under this title, shall not be considered to have any effect 

8 on requirements for preclearance under section 5 of the 

9 Voting Rights Act of 1965 (52 U.S.C. 10304) or any other 

10 requirements of such Act. 

11 (c) NO EFFECT ON AUTHORITY OF STATES TO PRO12 VIDE GREATER OPPORTUNITIES FOR VOTING.—Nothing 

13 in this title or the amendments made by this title may 

14 be construed to prohibit any State from enacting any law 

15 which provides greater opportunities for individuals to reg16 ister to vote and to vote in elections for Federal office than 

17 are provided by this title and the amendments made by 

18 this title. 

19 Subtitle O—Severability 

20 SEC. 1931. SEVERABILITY. 

21 If any provision of this title or amendment made by 

22 this title, or the application of a provision or amendment 

23 to any person or circumstance, is held to be unconstitu24 tional, the remainder of this title and amendments made 

25 by this title, and the application of the provisions and 


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1 amendment to any person or circumstance, shall not be 

2 affected by the holding. 

3 TITLE II—ELECTION INTEGRITY 

4 Subtitle A—Findings Reaffirming 

5 the Commitment of Congress To 

6 Restore the Voting Rights Act of 

7 1965 

8 SEC. 2001. FINDINGS REAFFIRMING THE COMMITMENT OF 

9 CONGRESS TO RESTORE THE VOTING RIGHTS 

10 ACT OF 1965. 

11 Congress finds the following: 

12 (1) The right to vote for all Americans is sac13 rosanct and rules for voting and election administra14 tion should protect the right to vote and promote 

15 voter participation. 

16 (2) The Voting Rights Act of 1965 (52 U.S.C. 

17 10301 et seq.) has empowered the Department of 

18 Justice and Federal courts for nearly a half a cen19 tury to block discriminatory voting practices before 

20 their implementation in States and localities with 

21 the most troubling histories and ongoing records of 

22 racial discrimination. 

23 (3) There continues to be an alarming move24 ment to erect barriers to make it more difficult for 

25 Americans to participate in our Nation’s democratic 


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1 process. The Nation has witnessed unprecedented ef2 forts to turn back the clock and erect barriers to 

3 voting for communities of color, which have faced 

4 historic and continuing discrimination, as well as 

5 disabled, young, elderly, and low-income Americans. 

6 (4) The Supreme Court’s 2013 decision in 

7 Shelby County v. Holder, 570 U.S. 529 (2013), gut8 ted decades-long Federal protections for commu9 nities of color that face historic and continuing dis10 crimination, emboldening States and local jurisdic11 tions to pass voter suppression laws and implement 

12 procedures that restrict voting, such as those requir13 ing photo identification, limiting early voting hours, 

14 eliminating same-day registration, purging voters 

15 from the rolls, and reducing the number of polling 

16 places. Congress is committed to reversing the dev17 astating impact of this decision. 

18 (5) Racial discrimination in voting is a clear 

19 and persistent problem. The actions of States and 

20 localities around the country after the decision in 

21 Shelby County v. Holder, including at least 10 find22 ings by Federal courts of intentional discrimination, 

23 underscore the need for Congress to conduct inves24 tigatory and evidentiary hearings to determine the 

25 legislation necessary to restore the Voting Rights 


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1 Act of 1965 and combat continuing efforts in the 

2 United States that suppress the free exercise of the 

3 franchise in communities of color. 

4 (6) The 2018 midterm election provides further 

5 evidence that systemic voter discrimination and in6 timidation continues to occur in communities of 

7 color across the country, making it clear that democ8 racy reform cannot be achieved until Congress re9 stores key provisions of the Voting Rights Act of 

10 1965. 

11 (7) Congress must remain vigilant in protecting 

12 every eligible citizen’s right to vote. Congress should 

13 respond by modernizing the electoral system to— 

14 (A) improve access to the ballot; 

15 (B) enhance the integrity and security of 

16 our voting systems; 

17 (C) ensure greater accountability for the 

18 administration of elections; 

19 (D) restore protections for voters against 

20 practices in States and localities plagued by the 

21 persistence of voter disenfranchisement; and 

22 (E) ensure that Federal civil rights laws 

23 protect the rights of voters against discrimina24 tory and deceptive practices. 


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1 Subtitle B—Findings Relating to 

2 Native American Voting Rights 

3 SEC. 2101. FINDINGS RELATING TO NATIVE AMERICAN VOT4 ING RIGHTS. 

5 Congress finds the following: 

6 (1) The right to vote for all Americans is sa7 cred. Congress must fulfill the Federal Government’s 

8 trust responsibility to protect and promote Native 

9 Americans’ exercise of their fundamental right to 

10 vote, including equal access to voter registration vot11 ing mechanisms and locations, and the ability to 

12 serve as election officials. 

13 (2) The Native American Voting Rights Coali14 tion’s four-State survey of voter discrimination ( 

15 2016) and 9 field hearings in Indian Country ( 2017 

16 and 2018) revealed obstacles that Native Americans 

17 must overcome, including a lack of accessible and 

18 proximate registration and polling sites, nontradi19 tional addresses for residents on Indian reservations, 

20 inadequate language assistance for Tribal members, 

21 and voter identification laws that discriminate 

22 against Native Americans. The Department of Jus23 tice and courts have recognized that some jurisdic24 tions have been unresponsive to reasonable requests 

25 from federally recognized Indian Tribes for more acVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 cessible and proximate voter registration sites and 

2 in-person voting locations. 

3 (3) The 2018 elections provide further evidence 

4 that systemic voter discrimination and intimidation 

5 continues to occur in communities of color and Trib6 al lands across the country, making it clear that de7 mocracy reform cannot be achieved until Congress 

8 restores key provisions of the Voting Rights Act of 

9 1965 and passes additional protections. 

10 (4) Congress has broad, plenary authority to 

11 enact legislation to safeguard the voting rights of 

12 Native American voters. 

13 (5) Congress must conduct investigatory and 

14 evidentiary hearings to determine the necessary leg15 islation to restore the Voting Rights Act of 1965 

16 and combat continuous efforts that suppress the 

17 voter franchise within Tribal lands, to include, but 

18 not to be limited to, the Native American Voting 

19 Rights Act and the Voting Rights Advancement Act. 

20 Subtitle C—Findings Relating to 

21 District of Columbia Statehood 

22 SEC. 2201. FINDINGS RELATING TO DISTRICT OF COLUMBIA 

23 STATEHOOD. 

24 Congress finds the following: 


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1 (1) District of Columbia residents deserve full 

2 congressional voting rights and self-government, 

3 which only statehood can provide. 

4 (2) The 700,000 residents of the District of Co5 lumbia pay more Federal taxes per capita than resi6 dents of any State in the country, yet do not have 

7 full and equal representation in Congress and self8 government. 

9 (3) Since the founding of the United States, the 

10 residents of the District of Columbia have always 

11 carried all the obligations of citizenship, including 

12 serving in all of the Nation’s wars and paying Fed13 eral taxes, all without voting representation on the 

14 floor in either Chamber of Congress or freedom from 

15 congressional interference in purely local matters. 

16 (4) There are no constitutional, historical, fi17 nancial, or economic reason why the 700,000 Ameri18 cans who live in the District of Columbia should not 

19 be granted statehood. 

20 (5) The District of Columbia has a larger popu21 lation than 2 States, Wyoming and Vermont, and is 

22 close to the population of the 7 States that have a 

23 population of under 1,000,000 fully represented resi24 dents. 


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1 (6) The District of Columbia government has 

2 one of the strongest fiscal positions of any jurisdic3 tion in the United States, with a $14,600,000,000 

4 budget for fiscal year 2019 and a $2,800,000,000 

5 general fund balance as of September 30, 2018. 

6 (7) The District of Columbia’s total personal 

7 income is higher than that of 7 States, its per capita 

8 personal consumption expenditures is higher than 

9 those of any State, and its total personal consump10 tion expenditures is greater than those of 7 States. 

11 (8) Congress has authority under article IV, 

12 section 3, clause 1 of the Constitution, which gives 

13 Congress power to admit new States to the Union, 

14 and article I, section 8, clause 17 of the Constitu15 tion, which grants Congress power over the seat of 

16 the Federal Government, to admit the new State 

17 carved out of the residential areas of the Federal 

18 seat of Government, while maintaining as the Fed19 eral seat of Government the United States Capitol 

20 Complex, the principal Federal monuments, Federal 

21 buildings and grounds, the National Mall, the White 

22 House, and other Federal property. 


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1 Subtitle D—Territorial Voting 

2 Rights 

3 SEC. 2301. FINDINGS RELATING TO TERRITORIAL VOTING 

4 RIGHTS. 

5 Congress finds the following: 

6 (1) The right to vote is one of the most power7 ful instruments residents of the territories of the 

8 United States have to ensure that their voices are 

9 heard. 

10 (2) These Americans have played an important 

11 part in the American democracy for more than 120 

12 years. 

13 (3) Political participation and the right to vote 

14 are among the highest concerns of territorial resi15 dents in part because they were not always afforded 

16 these rights. 

17 (4) Voter participation in the territories consist18 ently ranks higher than many communities on the 

19 mainland. 

20 (5) Territorial residents serve and die, on a per 

21 capita basis, at a higher rate in every United States 

22 war and conflict since World War I, as an expression 

23 of their commitment to American democratic prin24 ciples and patriotism. 


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1 SEC. 2302. CONGRESSIONAL TASK FORCE ON VOTING 

2 RIGHTS OF UNITED STATES CITIZEN RESI3 DENTS OF TERRITORIES OF THE UNITED 

4 STATES. 

5 (a) ESTABLISHMENT.—There is established within 

6 the legislative branch a Congressional Task Force on Vot7 ing Rights of United States Citizen Residents of Terri8 tories of the United States (in this section referred to as 

9 the ‘‘Task Force’’). 

10 (b) MEMBERSHIP.—The Task Force shall be com11 posed of 12 members as follows: 

12 (1) One Member of the House of Representa13 tives, who shall be appointed by the Speaker of the 

14 House of Representatives, in coordination with the 

15 Chairman of the Committee on Natural Resources of 

16 the House of Representatives. 

17 (2) One Member of the House of Representa18 tives, who shall be appointed by the Speaker of the 

19 House of Representatives, in coordination with the 

20 Chairman of the Committee on the Judiciary of the 

21 House of Representatives. 

22 (3) One Member of the House of Representa23 tives, who shall be appointed by the Speaker of the 

24 House of Representatives, in coordination with the 

25 Chairman of the Committee on House Administra26 tion of the House of Representatives. 


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1 (4) One Member of the House of Representa2 tives, who shall be appointed by the minority leader 

3 of the House of Representatives, in coordination 

4 with the ranking minority member of the Committee 

5 on Natural Resources of the House of Representa6 tives. 

7 (5) One Member of the House of Representa8 tives, who shall be appointed by the minority leader 

9 of the House of Representatives, in coordination 

10 with the ranking minority member of the Committee 

11 on the Judiciary of the House of Representatives. 

12 (6) One Member of the House of Representa13 tives, who shall be appointed by the minority leader 

14 of the House of Representatives, in coordination 

15 with the ranking minority member of the Committee 

16 on House Administration of the House of Represent17 atives. 

18 (7) One Member of the Senate, who shall be ap19 pointed by the majority leader of the Senate, in co20 ordination with the Chairman of the Committee on 

21 Energy and Natural Resources of the Senate. 

22 (8) One Member of the Senate, who shall be ap23 pointed by the majority leader of the Senate, in co24 ordination with the Chairman of the Committee on 

25 the Judiciary of the Senate. 


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1 (9) One Member of the Senate, who shall be ap2 pointed by the majority leader of the Senate, in co3 ordination with the Chairman of the Committee on 

4 Rules and Administration of the Senate. 

5 (10) One Member of the Senate, who shall be 

6 appointed by the minority leader of the Senate, in 

7 coordination with the ranking minority member of 

8 the Committee on Energy and Natural Resources of 

9 the Senate. 

10 (11) One Member of the Senate, who shall be 

11 appointed by the minority leader of the Senate, in 

12 coordination with the ranking minority member of 

13 the Committee on the Judiciary of the Senate. 

14 (12) One Member of the Senate, who shall be 

15 appointed by the minority leader of the Senate, in 

16 coordination with the ranking minority member of 

17 the Committee on Rules and Administration of the 

18 Senate. 

19 (c) DEADLINE FOR APPOINTMENT.—All appoint20 ments to the Task Force shall be made not later than 30 

21 days after the date of enactment of this Act. 

22 (d) CHAIR.—The Speaker shall designate one Mem23 ber to serve as chair of the Task Force. 


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1 (e) VACANCIES.—Any vacancy in the Task Force 

2 shall be filled in the same manner as the original appoint3 ment. 

4 (f) STATUS UPDATE.—After September 1, 2019, and 

5 before September 30, 2019, the Task Force shall provide 

6 a status update to the House of Representatives and the 

7 Senate that includes— 

8 (1) information the Task Force has collected; 

9 and 

10 (2) a discussion on matters that the chairman 

11 of the Task Force determines are urgent for consid12 eration by Congress. 

13 (g) REPORT.—Not later than December 31, 2019, 

14 the Task Force shall issue a report of its findings to the 

15 House of Representatives and the Senate regarding— 

16 (1) the economic and societal consequences 

17 (demonstrated through statistical data and other 

18 metrics) that come with political disenfranchisement 

19 of United States citizens in territories of the United 

20 States; 

21 (2) impediments to full and equal voting rights 

22 for United States citizens who are residents of terri23 tories of the United States in Federal elections, in24 cluding the election of the President and Vice Presi25 dent of the United States; 


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1 (3) impediments to full and equal voting rep2 resentation in the House of Representatives for 

3 United States citizens who are residents of terri4 tories of the United States; 

5 (4) recommended changes that, if adopted, 

6 would allow for full and equal voting rights for 

7 United States citizens who are residents of terri8 tories of the United States in Federal elections, in9 cluding the election of the President and Vice Presi10 dent of the United States; 

11 (5) recommended changes that, if adopted, 

12 would allow for full and equal voting representation 

13 in the House of Representatives for United States 

14 citizens who are residents of territories of the United 

15 States; and 

16 (6) additional information the Task Force de17 termines is appropriate. 

18 (h) CONSENSUS VIEWS.—To the greatest extent 

19 practicable, the report issued under subsection (g) shall 

20 reflect the shared views of all 12 Members of the Task 

21 Force, except that the report may contain dissenting 

22 views. 

23 (i) HEARINGS AND SESSIONS.—The Task Force may, 

24 for the purpose of carrying out this section, hold hearings, 


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1 sit and act at times and places, take testimony, and re2 ceive evidence as the Task Force considers appropriate. 

3 (j) STAKEHOLDER PARTICIPATION.—In carrying out 

4 its duties, the Task Force shall consult with the govern5 ments of American Samoa, Guam, the Commonwealth of 

6 the Northern Mariana Islands, the Commonwealth of 

7 Puerto Rico, and the United States Virgin Islands. 

8 (k) RESOURCES.—The Task Force shall carry out its 

9 duties by utilizing existing facilities, services, and staff of 

10 the House of Representatives and the Senate. 

11 (l) TERMINATION.—The Task Force shall terminate 

12 upon issuing the report required under subsection (g). 

13 Subtitle E—Redistricting Reform 

14 SEC. 2400. SHORT TITLE; FINDING OF CONSTITUTIONAL AU15 THORITY. 

16 (a) SHORT TITLE.—This subtitle may be cited as the 

17 ‘‘Redistricting Reform Act of 2019’’. 

18 (b) FINDING OF CONSTITUTIONAL AUTHORITY.— 

19 Congress finds that it has the authority to establish the 

20 terms and conditions States must follow in carrying out 

21 congressional redistricting after an apportionment of 

22 Members of the House of Representatives because— 

23 (1) the authority granted to Congress under ar24 ticle I, section 4 of the Constitution of the United 

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1 erning the time, place, and manner of elections for 

2 Members of the House of Representatives; and 

3 (2) the authority granted to Congress under 

4 section 5 of the 14th Amendment to the Constitu5 tion gives Congress the power to enact laws to en6 force section 2 of such amendment, which requires 

7 Representatives to be apportioned among the several 

8 States according to their number. 

9 PART 1—REQUIREMENTS FOR CONGRESSIONAL 

10 REDISTRICTING 

11 SEC. 2401. REQUIRING CONGRESSIONAL REDISTRICTING 

12 TO BE CONDUCTED THROUGH PLAN OF INDE13 PENDENT STATE COMMISSION. 

14 (a) USE OF PLAN REQUIRED.—Notwithstanding any 

15 other provision of law, and except as provided in sub16 section (c), any congressional redistricting conducted by 

17 a State shall be conducted in accordance with— 

18 (1) the redistricting plan developed and enacted 

19 into law by the independent redistricting commission 

20 established in the State, in accordance with part 2; 

21 or 

22 (2) if a plan developed by such commission is 

23 not enacted into law, the redistricting plan developed 

24 and enacted into law by a 3-judge court, in accord25 ance with section 2421. 


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1 (b) CONFORMING AMENDMENT.—Section 22(c) of 

2 the Act entitled ‘‘An Act to provide for the fifteenth and 

3 subsequent decennial censuses and to provide for appor4 tionment of Representatives in Congress’’, approved June 

5 18, 1929 (2 U.S.C. 2a(c)), is amended by striking ‘‘in the 

6 manner provided by the law thereof’’ and inserting ‘‘in the 

7 manner provided by the Redistricting Reform Act of 

8 2019’’. 

9 (c) SPECIAL RULE FOR EXISTING COMMISSIONS.— 

10 Subsection (a) does not apply to any State in which, under 

11 law in effect continuously on and after the date of the 

12 enactment of this Act, congressional redistricting is car13 ried out in accordance with a plan developed and approved 

14 by an independent redistricting commission that is in com15 pliance with each of the following requirements: 

16 (1) PUBLICLY AVAILABLE APPLICATION PROC17 ESS.—Membership on the commission is open to citi18 zens of the State through a publicly available appli19 cation process. 

20 (2) DISQUALIFICATIONS FOR GOVERNMENT

21 SERVICE AND POLITICAL APPOINTMENT.—Individ22 uals who, for a covered period of time as established 

23 by the State, hold or have held public office, individ24 uals who are or have been candidates for elected 

25 public office, and individuals who serve or have 


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1 served as an officer, employee, or paid consultant of 

2 a campaign committee of a candidate for public of3 fice are disqualified from serving on the commission. 

4 (3) SCREENING FOR CONFLICTS.—Individuals 

5 who apply to serve on the commission are screened 

6 through a process that excludes persons with con7 flicts of interest from the pool of potential commis8 sioners. 

9 (4) MULTI-PARTISAN COMPOSITION.—Member10 ship on the commission represents those who are af11 filiated with the 2 political parties whose candidates 

12 received the most votes in the most recent statewide 

13 election for Federal office held in the State, as well 

14 as those who are unaffiliated with any party or who 

15 are affiliated with political parties other than the 2 

16 political parties whose candidates received the most 

17 votes in the most recent statewide election for Fed18 eral office held in the State. 

19 (5) CRITERIA FOR REDISTRICTING.—Members 

20 of the commission are required to meet certain cri21 teria in the map drawing process, including mini22 mizing the division of communities of interest and a 

23 ban on drawing maps to favor a political party. 


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1 (6) PUBLIC INPUT.—Public hearings are held 

2 and comments from the public are accepted before 

3 a final map is approved. 

4 (7) BROAD-BASED SUPPORT FOR APPROVAL OF

5 FINAL PLAN.—The approval of the final redistricting 

6 plan requires a majority vote of the members of the 

7 commission, including the support of at least one 

8 member of each of the following: 

9 (A) Members who are affiliated with the 

10 political party whose candidate received the 

11 most votes in the most recent statewide election 

12 for Federal office held in the State. 

13 (B) Members who are affiliated with the 

14 political party whose candidate received the sec15 ond most votes in the most recent statewide 

16 election for Federal office held in the State. 

17 (C) Members who not affiliated with any 

18 political party or who are affiliated with polit19 ical parties other than the political parties de20 scribed in subparagraphs (A) and (B). 

21 SEC. 2402. BAN ON MID-DECADE REDISTRICTING. 

22 A State that has been redistricted in accordance with 

23 this subtitle and a State described in section 2401(c) may 

24 not be redistricted again until after the next apportion25 ment of Representatives under section 22(a) of the Act 


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1 entitled ‘‘An Act to provide for the fifteenth and subse2 quent decennial censuses and to provide for an apportion3 ment of Representatives in Congress’’, approved June 18, 

4 1929 (2 U.S.C. 2a), unless a court requires the State to 

5 conduct such subsequent redistricting to comply with the 

6 Constitution of the United States, the Voting Rights Act 

7 of 1965 (52 U.S.C. 10301 et seq.), the Constitution of 

8 the State, or the terms or conditions of this subtitle. 

9 PART 2—INDEPENDENT REDISTRICTING 

10 COMMISSIONS 

11 SEC. 2411. INDEPENDENT REDISTRICTING COMMISSION. 

12 (a) APPOINTMENT OF MEMBERS.— 

13 (1) IN GENERAL.—The nonpartisan agency es14 tablished or designated by a State under section 

15 2414(a) shall establish an independent redistricting 

16 commission for the State, which shall consist of 15 

17 members appointed by the agency as follows: 

18 (A) Not later than October 1 of a year 

19 ending in the numeral zero, the agency shall, at 

20 a public meeting held not earlier than 15 days 

21 after notice of the meeting has been given to 

22 the public, first appoint 6 members as follows: 

23 (i) The agency shall appoint 2 mem24 bers on a random basis from the majority 


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1 category of the approved selection pool (as 

2 described in section 2412(b)(1)(A)). 

3 (ii) The agency shall appoint 2 mem4 bers on a random basis from the minority 

5 category of the approved selection pool (as 

6 described in section 2412(b)(1)(B)). 

7 (iii) The agency shall appoint 2 mem8 bers on a random basis from the inde9 pendent category of the approved selection 

10 pool (as described in section 

11 2412(b)(1)(C)). 

12 (B) Not later than November 15 of a year 

13 ending in the numeral zero, the members ap14 pointed by the agency under subparagraph (A) 

15 shall, at a public meeting held not earlier than 

16 15 days after notice of the meeting has been 

17 given to the public, then appoint 9 members as 

18 follows: 

19 (i) The members shall appoint 3 mem20 bers from the majority category of the ap21 proved selection pool (as described in sec22 tion 2412(b)(1)(A)). 

23 (ii) The members shall appoint 3 

24 members from the minority category of the 


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1 approved selection pool (as described in 

2 section 2412(b)(1)(B)). 

3 (iii) The members shall appoint 3 

4 members from the independent category of 

5 the approved selection pool (as described in 

6 section 2412(b)(1)(C)). 

7 (2) RULES FOR APPOINTMENT OF MEMBERS

8 APPOINTED BY FIRST MEMBERS.— 

9 (A) AFFIRMATIVE VOTE OF AT LEAST 4

10 MEMBERS.—The appointment of any of the 9 

11 members of the independent redistricting com12 mission who are appointed by the first members 

13 of the commission pursuant to subparagraph 

14 (B) of paragraph (1), as well as the designation 

15 of alternates for such members pursuant to 

16 subparagraph (B) of paragraph (3) and the ap17 pointment of alternates to fill vacancies pursu18 ant to subparagraph (B) of paragraph (4), shall 

19 require the affirmative vote of at least 4 of the 

20 members appointed by the nonpartisan agency 

21 under subparagraph (A) of paragraph (1), in22 cluding at least one member from each of the 

23 categories referred to in such subparagraph. 

24 (B) ENSURING DIVERSITY.—In appointing 

25 the 9 members pursuant to subparagraph (B) 


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1 of paragraph (1), as well as in designating al2 ternates pursuant to subparagraph (B) of para3 graph (3) and in appointing alternates to fill 

4 vacancies pursuant to subparagraph (B) of 

5 paragraph (4), the first members of the inde6 pendent redistricting commission shall ensure 

7 that the membership is representative of the de8 mographic groups (including racial, ethnic, eco9 nomic, and gender) and geographic regions of 

10 the State, and provides racial, ethnic, and lan11 guage minorities protected under the Voting 

12 Rights Act of 1965 with a meaningful oppor13 tunity to participate in the development of the 

14 State’s redistricting plan. 

15 (3) DESIGNATION OF ALTERNATES TO SERVE

16 IN CASE OF VACANCIES.— 

17 (A) MEMBERS APPOINTED BY AGENCY.— 

18 At the time the agency appoints the members 

19 of the independent redistricting commission 

20 under subparagraph (A) of paragraph (1) from 

21 each of the categories referred to in such sub22 paragraph, the agency shall, on a random basis, 

23 designate 2 other individuals from such cat24 egory to serve as alternate members who may 


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1 be appointed to fill vacancies in the commission 

2 in accordance with paragraph (4). 

3 (B) MEMBERS APPOINTED BY FIRST MEM4 BERS.—At the time the members appointed by 

5 the agency appoint the other members of the 

6 independent redistricting commission under 

7 subparagraph (B) of paragraph (1) from each 

8 of the categories referred to in such subpara9 graph, the members shall, in accordance with 

10 the special rules described in paragraph (2), 

11 designate 2 other individuals from such cat12 egory to serve as alternate members who may 

13 be appointed to fill vacancies in the commission 

14 in accordance with paragraph (4). 

15 (4) APPOINTMENT OF ALTERNATES TO SERVE

16 IN CASE OF VACANCIES.— 

17 (A) MEMBERS APPOINTED BY AGENCY.—If 

18 a vacancy occurs in the commission with respect 

19 to a member who was appointed by the non20 partisan agency under subparagraph (A) of 

21 paragraph (1) from one of the categories re22 ferred to in such subparagraph, the agency 

23 shall fill the vacancy by appointing, on a ran24 dom basis, one of the 2 alternates from such 

25 category who was designated under subparaVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00232 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 graph (A) of paragraph (3). At the time the 

2 agency appoints an alternate to fill a vacancy 

3 under the previous sentence, the agency shall 

4 designate, on a random basis, another indi5 vidual from the same category to serve as an al6 ternate member, in accordance with subpara7 graph (A) of paragraph (3). 

8 (B) MEMBERS APPOINTED BY FIRST MEM9 BERS.—If a vacancy occurs in the commission 

10 with respect to a member who was appointed by 

11 the first members of the commission under sub12 paragraph (B) of paragraph (1) from one of the 

13 categories referred to in such subparagraph, the 

14 first members shall, in accordance with the spe15 cial rules described in paragraph (2), fill the va16 cancy by appointing one of the 2 alternates 

17 from such category who was designated under 

18 subparagraph (B) of paragraph (3). At the time 

19 the first members appoint an alternate to fill a 

20 vacancy under the previous sentence, the first 

21 members shall, in accordance with the special 

22 rules described in paragraph (2), designate an23 other individual from the same category to 

24 serve as an alternate member, in accordance 

25 with subparagraph (B) of paragraph (3). 


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1 (5) REMOVAL.—A member of the independent 

2 redistricting commission may be removed by a ma3 jority vote of the remaining members of the commis4 sion if it is shown by a preponderance of the evi5 dence that the member is not eligible to serve on the 

6 commission under section 2412(a). 

7 (b) PROCEDURES FOR CONDUCTING COMMISSION

8 BUSINESS.— 

9 (1) CHAIR.—Members of an independent redis10 tricting commission established under this section 

11 shall select by majority vote one member who was 

12 appointed from the independent category of the ap13 proved selection pool described in section 

14 2412(b)(1)(C) to serve as chair of the commission. 

15 The commission may not take any action to develop 

16 a redistricting plan for the State under section 2413 

17 until the appointment of the commission’s chair. 

18 (2) REQUIRING MAJORITY APPROVAL FOR AC19 TIONS.—The independent redistricting commission 

20 of a State may not publish and disseminate any 

21 draft or final redistricting plan, or take any other 

22 action, without the approval of at least— 

23 (A) a majority of the whole membership of 

24 the commission; and 


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1 (B) at least one member of the commission 

2 appointed from each of the categories of the ap3 proved selection pool described in section 

4 2412(b)(1). 

5 (3) QUORUM.—A majority of the members of 

6 the commission shall constitute a quorum. 

7 (c) STAFF; CONTRACTORS.— 

8 (1) STAFF.—Under a public application process 

9 in which all application materials are available for 

10 public inspection, the independent redistricting com11 mission of a State shall appoint and set the pay of 

12 technical experts, legal counsel, consultants, and 

13 such other staff as it considers appropriate, subject 

14 to State law. 

15 (2) CONTRACTORS.—The independent redis16 tricting commission of a State may enter into such 

17 contracts with vendors as it considers appropriate, 

18 subject to State law, except that any such contract 

19 shall be valid only if approved by the vote of a ma20 jority of the members of the commission, including 

21 at least one member appointed from each of the cat22 egories of the approved selection pool described in 

23 section 2412(b)(1). 

24 (3) REPORTS ON EXPENDITURES FOR POLIT25 ICAL ACTIVITY.— 


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1 (A) REPORT BY APPLICANTS.—Each indi2 vidual who applies for a position as an employee 

3 of the independent redistricting commission and 

4 each vendor who applies for a contract with the 

5 commission shall, at the time of applying, file 

6 with the commission a report summarizing— 

7 (i) any expenditure for political activ8 ity made by such individual or vendor dur9 ing the 10 most recent calendar years; and 

10 (ii) any income received by such indi11 vidual or vendor during the 10 most recent 

12 calendar years which is attributable to an 

13 expenditure for political activity. 

14 (B) ANNUAL REPORTS BY EMPLOYEES

15 AND VENDORS.—Each person who is an em16 ployee or vendor of the independent redis17 tricting commission shall, not later than one 

18 year after the person is appointed as an em19 ployee or enters into a contract as a vendor (as 

20 the case may be) and annually thereafter for 

21 each year during which the person serves as an 

22 employee or a vendor, file with the commission 

23 a report summarizing the expenditures and in24 come described in subparagraph (A) during the 

25 10 most recent calendar years. 


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1 (C) EXPENDITURE FOR POLITICAL ACTIV2 ITY DEFINED.—In this paragraph, the term 

3 ‘‘expenditure for political activity’’ means a dis4 bursement for any of the following: 

5 (i) An independent expenditure, as de6 fined in section 301(17) of the Federal 

7 Election Campaign Act of 1971 (52 U.S.C. 

8 30101(17)). 

9 (ii) An electioneering communication, 

10 as defined in section 304(f)(3) of such Act 

11 (52 U.S.C. 30104(f)(3)) or any other pub12 lic communication, as defined in section 

13 301(22) of such Act (52 U.S.C. 

14 30101(22)) that would be an electioneering 

15 communication if it were a broadcast, 

16 cable, or satellite communication. 

17 (iii) Any dues or other payments to 

18 trade associations or organizations de19 scribed in section 501(c) of the Internal 

20 Revenue Code of 1986 and exempt from 

21 tax under section 501(a) of such Code that 

22 are, or could reasonably be anticipated to 

23 be, used or transferred to another associa24 tion or organization for a use described in 


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1 paragraph (1), (2), or (4) of section 501(c) 

2 of such Code. 

3 (4) GOAL OF IMPARTIALITY.—The commission 

4 shall take such steps as it considers appropriate to 

5 ensure that any staff appointed under this sub6 section, and any vendor with whom the commission 

7 enters into a contract under this subsection, will 

8 work in an impartial manner, and may require any 

9 person who applies for an appointment to a staff po10 sition or for a vendor’s contract with the commission 

11 to provide information on the person’s history of po12 litical activity beyond the information on the per13 son’s expenditures for political activity provided in 

14 the reports required under paragraph (3) (including 

15 donations to candidates, political committees, and 

16 political parties) as a condition of the appointment 

17 or the contract. 

18 (5) DISQUALIFICATION; WAIVER.— 

19 (A) IN GENERAL.—The independent redis20 tricting commission may not appoint an indi21 vidual as an employee, and may not enter into 

22 a contract with a vendor, if the individual or 

23 vendor meets any of the criteria for the dis24 qualification of an individual from serving as a 


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1 member of the commission which are set forth 

2 in section 2412(a)(2). 

3 (B) WAIVER.—The commission may by 

4 unanimous vote of its members waive the appli5 cation of subparagraph (A) to an individual or 

6 a vendor after receiving and reviewing the re7 port filed by the individual or vendor under 

8 paragraph (3). 

9 (d) TERMINATION.— 

10 (1) IN GENERAL.—The independent redis11 tricting commission of a State shall terminate on the 

12 earlier of— 

13 (A) June 14 of the next year ending in the 

14 numeral zero; or 

15 (B) the day on which the nonpartisan 

16 agency established or designated by a State 

17 under section 2414(a) has, in accordance with 

18 section 2412(b)(1), submitted a selection pool 

19 to the Select Committee on Redistricting for the 

20 State established under section 2414(b). 

21 (2) PRESERVATION OF RECORDS.—The State 

22 shall ensure that the records of the independent re23 districting commission are retained in the appro24 priate State archive in such manner as may be nec25 essary to enable the State to respond to any civil acVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00239 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 tion brought with respect to congressional redis2 tricting in the State. 

3 SEC. 2412. ESTABLISHMENT OF SELECTION POOL OF INDI4 VIDUALS ELIGIBLE TO SERVE AS MEMBERS 

5 OF COMMISSION. 

6 (a) CRITERIA FOR ELIGIBILITY.— 

7 (1) IN GENERAL.—An individual is eligible to 

8 serve as a member of an independent redistricting 

9 commission if the individual meets each of the fol10 lowing criteria: 

11 (A) As of the date of appointment, the in12 dividual is registered to vote in elections for 

13 Federal office held in the State. 

14 (B) During the 3-year period ending on 

15 the date of the individual’s appointment, the in16 dividual has been continuously registered to 

17 vote with the same political party, or has not 

18 been registered to vote with any political party. 

19 (C) The individual submits to the non20 partisan agency established or designated by a 

21 State under section 2414, at such time and in 

22 such form as the agency may require, an appli23 cation for inclusion in the selection pool under 

24 this section, and includes with the application a 

25 written statement, with an attestation under 


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1 penalty of perjury, containing the following in2 formation and assurances: 

3 (i) The full current name and any 

4 former names of, and the contact informa5 tion for, the individual, including an elec6 tronic mail address, the address of the in7 dividual’s residence, mailing address, and 

8 telephone numbers. 

9 (ii) The individual’s race, ethnicity, 

10 gender, age, date of birth, and household 

11 income for the most recent taxable year. 

12 (iii) The political party with which the 

13 individual is affiliated, if any. 

14 (iv) The reason or reasons the indi15 vidual desires to serve on the independent 

16 redistricting commission, the individual’s 

17 qualifications, and information relevant to 

18 the ability of the individual to be fair and 

19 impartial, including— 

20 (I) any involvement with, or fi21 nancial support of, professional, so22 cial, political, religious, or community 

23 organizations or causes; and 

24 (II) the individual’s employment 

25 and educational history. 


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1 (v) An assurance that the individual 

2 shall commit to carrying out the individ3 ual’s duties under this subtitle in an hon4 est, independent, and impartial fashion, 

5 and to upholding public confidence in the 

6 integrity of the redistricting process. 

7 (vi) An assurance that, during the 

8 covered periods described in paragraph (3), 

9 the individual has not taken and will not 

10 take any action which would disqualify the 

11 individual from serving as a member of the 

12 commission under paragraph (2). 

13 (2) DISQUALIFICATIONS.—An individual is not 

14 eligible to serve as a member of the commission if 

15 any of the following applies during any of the cov16 ered periods described in paragraph (3): 

17 (A) The individual or (in the case of the 

18 covered periods described in subparagraphs (A) 

19 and (B) of paragraph (3)) an immediate family 

20 member of the individual holds public office or 

21 is a candidate for election for public office. 

22 (B) The individual or (in the case of the 

23 covered periods described in subparagraphs (A) 

24 and (B) of paragraph (3)) an immediate family 

25 member of the individual serves as an officer of 


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1 a political party or as an officer, employee, or 

2 paid consultant of a campaign committee of a 

3 candidate for public office or of any political ac4 tion committee (as determined in accordance 

5 with the law of the State). 

6 (C) The individual or (in the case of the 

7 covered periods described in subparagraphs (A) 

8 and (B) of paragraph (3)) an immediate family 

9 member of the individual holds a position as a 

10 registered lobbyist under the Lobbying Disclo11 sure Act of 1995 (2 U.S.C. 1601 et seq.) or an 

12 equivalent State or local law. 

13 (D) The individual or (in the case of the 

14 covered periods described in subparagraphs (A) 

15 and (B) of paragraph (3)) an immediate family 

16 member of the individual is an employee of an 

17 elected public official, a contractor with the gov18 ernment of the State, or a donor to the cam19 paign of any candidate for public office or to 

20 any political action committee (other than a 

21 donor who, during any of such covered periods, 

22 gives an aggregate amount of $1,000 or less to 

23 the campaigns of all candidates for all public 

24 offices and to all political action committees). 


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1 (E) The individual or (in the case of the 

2 covered periods described in subparagraphs (A) 

3 and (B) of paragraph (3)) an immediate family 

4 member of the individual paid a civil money 

5 penalty or criminal fine, or was sentenced to a 

6 term of imprisonment, for violating any provi7 sion of the Federal Election Campaign Act of 

8 1971 (52 U.S.C. 30101 et seq.). 

9 (F) The individual or (in the case of the 

10 covered periods described in subparagraphs (A) 

11 and (B) of paragraph (3)) an immediate family 

12 member of the individual is an agent of a for13 eign principal under the Foreign Agents Reg14 istration Act of 1938, as amended (22 U.S.C. 

15 611 et seq.). 

16 (3) COVERED PERIODS DESCRIBED.—In this 

17 subsection, the term ‘‘covered period’’ means, with 

18 respect to the appointment of an individual to the 

19 commission, any of the following: 

20 (A) The 10-year period ending on the date 

21 of the individual’s appointment. 

22 (B) The period beginning on the date of 

23 the individual’s appointment and ending on Au24 gust 14 of the next year ending in the numeral 

25 one. 


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1 (C) The 10-year period beginning on the 

2 day after the last day of the period described in 

3 subparagraph (B). 

4 (4) IMMEDIATE FAMILY MEMBER DEFINED.—In 

5 this subsection, the term ‘‘immediate family mem6 ber’’ means, with respect to an individual, a father, 

7 stepfather, mother, stepmother, son, stepson, daugh8 ter, stepdaughter, brother, stepbrother, sister, step9 sister, husband, wife, father-in-law, or mother-in10 law. 

11 (b) DEVELOPMENT AND SUBMISSION OF SELECTION

12 POOL.— 

13 (1) IN GENERAL.—Not later than June 15 of 

14 each year ending in the numeral zero, the non15 partisan agency established or designated by a State 

16 under section 2414(a) shall develop and submit to 

17 the Select Committee on Redistricting for the State 

18 established under section 2414(b) a selection pool of 

19 36 individuals who are eligible to serve as members 

20 of the independent redistricting commission of the 

21 State under this subtitle, consisting of individuals in 

22 the following categories: 

23 (A) A majority category, consisting of 12 

24 individuals who are affiliated with the political 

25 party whose candidate received the most votes 


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1 in the most recent statewide election for Fed2 eral office held in the State. 

3 (B) A minority category, consisting of 12 

4 individuals who are affiliated with the political 

5 party whose candidate received the second most 

6 votes in the most recent statewide election for 

7 Federal office held in the State. 

8 (C) An independent category, consisting of 

9 12 individuals who are not affiliated with either 

10 of the political parties described in subpara11 graph (A) or subparagraph (B). 

12 (2) FACTORS TAKEN INTO ACCOUNT IN DEVEL13 OPING POOL.—In selecting individuals for the selec14 tion pool under this subsection, the nonpartisan 

15 agency shall— 

16 (A) ensure that the pool is representative 

17 of the demographic groups (including racial, 

18 ethnic, economic, and gender) and geographic 

19 regions of the State, and includes applicants 

20 who would allow racial, ethnic, and language 

21 minorities protected under the Voting Rights 

22 Act of 1965 a meaningful opportunity to par23 ticipate in the development of the State’s redis24 tricting plan; and 


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1 (B) take into consideration the analytical 

2 skills of the individuals selected in relevant 

3 fields (including mapping, data management, 

4 law, community outreach, demography, and the 

5 geography of the State) and their ability to 

6 work on an impartial basis. 

7 (3) INTERVIEWS OF APPLICANTS.—To assist 

8 the nonpartisan agency in developing the selection 

9 pool under this subsection, the nonpartisan agency 

10 shall conduct interviews of applicants under oath. If 

11 an individual is included in a selection pool devel12 oped under this section, all of the interviews of the 

13 individual shall be transcribed and the transcriptions 

14 made available on the nonpartisan agency’s website 

15 contemporaneously with release of the report under 

16 paragraph (6). 

17 (4) DETERMINATION OF POLITICAL PARTY AF18 FILIATION OF INDIVIDUALS IN SELECTION POOL.— 

19 For purposes of this section, an individual shall be 

20 considered to be affiliated with a political party only 

21 if the nonpartisan agency is able to verify (to the 

22 greatest extent possible) the information the indi23 vidual provides in the application submitted under 

24 subsection (a)(1)(C), including by considering addi25 tional information provided by other persons with 


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1 knowledge of the individual’s history of political ac2 tivity. 

3 (5) ENCOURAGING RESIDENTS TO APPLY FOR

4 INCLUSION IN POOL.—The nonpartisan agency shall 

5 take such steps as may be necessary to ensure that 

6 residents of the State across various geographic re7 gions and demographic groups are aware of the op8 portunity to serve on the independent redistricting 

9 commission, including publicizing the role of the 

10 panel and using newspapers, broadcast media, and 

11 online sources, including ethnic media, to encourage 

12 individuals to apply for inclusion in the selection 

13 pool developed under this subsection. 

14 (6) REPORT ON ESTABLISHMENT OF SELEC15 TION POOL.—At the time the nonpartisan agency 

16 submits the selection pool to the Select Committee 

17 on Redistricting under paragraph (1), it shall pub18 lish and post on the agency’s public website a report 

19 describing the process by which the pool was devel20 oped, and shall include in the report a description of 

21 how the individuals in the pool meet the eligibility 

22 criteria of subsection (a) and of how the pool reflects 

23 the factors the agency is required to take into con24 sideration under paragraph (2). 


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1 (7) PUBLIC COMMENT ON SELECTION POOL.— 

2 During the 14-day period which begins on the date 

3 the nonpartisan agency publishes the report under 

4 paragraph (6), the agency shall accept comments 

5 from the public on the individuals included in the se6 lection pool. The agency shall post all such com7 ments contemporaneously on the nonpartisan agen8 cy’s website and shall transmit them to the Select 

9 Committee on Redistricting immediately upon the 

10 expiration of such period. 

11 (8) ACTION BY SELECT COMMITTEE.— 

12 (A) IN GENERAL.—Not earlier than 15 

13 days and not later than 21 days after receiving 

14 the selection pool from the nonpartisan agency 

15 under paragraph (1), the Select Committee on 

16 Redistricting shall— 

17 (i) approve the pool as submitted by 

18 the nonpartisan agency, in which case the 

19 pool shall be considered the approved selec20 tion pool for purposes of section 

21 2411(a)(1); or 

22 (ii) reject the pool, in which case the 

23 nonpartisan agency shall develop and sub24 mit a replacement selection pool in accord25 ance with subsection (c). 


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1 (B) INACTION DEEMED REJECTION.—If 

2 the Select Committee on Redistricting fails to 

3 approve or reject the pool within the deadline 

4 set forth in subparagraph (A), the Select Com5 mittee shall be deemed to have rejected the pool 

6 for purposes of such subparagraph. 

7 (c) DEVELOPMENT OF REPLACEMENT SELECTION

8 POOL.— 

9 (1) IN GENERAL.—If the Select Committee on 

10 Redistricting rejects the selection pool submitted by 

11 the nonpartisan agency under subsection (b), not 

12 later than 14 days after the rejection, the non13 partisan agency shall develop and submit to the Se14 lect Committee a replacement selection pool, under 

15 the same terms and conditions that applied to the 

16 development and submission of the selection pool 

17 under paragraphs (1) through (7) of subsection (b). 

18 The replacement pool submitted under this para19 graph may include individuals who were included in 

20 the rejected selection pool submitted under sub21 section (b), so long as at least one of the individuals 

22 in the replacement pool was not included in such re23 jected pool. 

24 (2) ACTION BY SELECT COMMITTEE.— 


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1 (A) IN GENERAL.—Not later than 21 days 

2 after receiving the replacement selection pool 

3 from the nonpartisan agency under paragraph 

4 (1), the Select Committee on Redistricting 

5 shall— 

6 (i) approve the pool as submitted by 

7 the nonpartisan agency, in which case the 

8 pool shall be considered the approved selec9 tion pool for purposes of section 

10 2411(a)(1); or 

11 (ii) reject the pool, in which case the 

12 nonpartisan agency shall develop and sub13 mit a second replacement selection pool in 

14 accordance with subsection (d). 

15 (B) INACTION DEEMED REJECTION.—If 

16 the Select Committee on Redistricting fails to 

17 approve or reject the pool within the deadline 

18 set forth in subparagraph (A), the Select Com19 mittee shall be deemed to have rejected the pool 

20 for purposes of such subparagraph. 

21 (d) DEVELOPMENT OF SECOND REPLACEMENT SE22 LECTION POOL.— 

23 (1) IN GENERAL.—If the Select Committee on 

24 Redistricting rejects the replacement selection pool 

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1 section (c), not later than 14 days after the rejec2 tion, the nonpartisan agency shall develop and sub3 mit to the Select Committee a second replacement 

4 selection pool, under the same terms and conditions 

5 that applied to the development and submission of 

6 the selection pool under paragraphs (1) through (7) 

7 of subsection (b). The second replacement selection 

8 pool submitted under this paragraph may include in9 dividuals who were included in the rejected selection 

10 pool submitted under subsection (b) or the rejected 

11 replacement selection pool submitted under sub12 section (c), so long as at least one of the individuals 

13 in the replacement pool was not included in either 

14 such rejected pool. 

15 (2) ACTION BY SELECT COMMITTEE.— 

16 (A) IN GENERAL.—Not earlier than 15 

17 days and not later than 14 days after receiving 

18 the second replacement selection pool from the 

19 nonpartisan agency under paragraph (1), the 

20 Select Committee on Redistricting shall— 

21 (i) approve the pool as submitted by 

22 the nonpartisan agency, in which case the 

23 pool shall be considered the approved selec24 tion pool for purposes of section 

25 2411(a)(1); or 


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1 (ii) reject the pool. 

2 (B) INACTION DEEMED REJECTION.—If 

3 the Select Committee on Redistricting fails to 

4 approve or reject the pool within the deadline 

5 set forth in subparagraph (A), the Select Com6 mittee shall be deemed to have rejected the pool 

7 for purposes of such subparagraph. 

8 (C) EFFECT OF REJECTION.—If the Select 

9 Committee on Redistricting rejects the second 

10 replacement pool from the nonpartisan agency 

11 under paragraph (1), the redistricting plan for 

12 the State shall be developed and enacted in ac13 cordance with part 3. 

14 SEC. 2413. CRITERIA FOR REDISTRICTING PLAN BY INDE15 PENDENT COMMISSION; PUBLIC NOTICE AND 

16 INPUT. 

17 (a) DEVELOPMENT OF REDISTRICTING PLAN.— 

18 (1) CRITERIA.—In developing a redistricting 

19 plan of a State, the independent redistricting com20 mission of a State shall establish single-member con21 gressional districts using the following criteria as set 

22 forth in the following order of priority: 

23 (A) Districts shall comply with the United 

24 States Constitution, including the requirement 

25 that they equalize total population. 


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1 (B) Districts shall comply with the Voting 

2 Rights Act of 1965 (52 U.S.C. 10301 et seq.) 

3 and all applicable Federal laws. 

4 (C) Districts shall provide racial, ethnic, 

5 and language minorities with an equal oppor6 tunity to participate in the political process and 

7 to elect candidates of choice and shall not dilute 

8 or diminish their ability to elect candidates of 

9 choice whether alone or in coalition with others. 

10 (D) Districts shall respect communities of 

11 interest, neighborhoods, and political subdivi12 sions to the extent practicable and after compli13 ance with the requirements of subparagraphs 

14 (A) through (C). A community of interest is de15 fined as an area with recognized similarities of 

16 interests, including ethnic, racial, economic, so17 cial, cultural, geographic or historic identities. 

18 The term communities of interest may, in cer19 tain circumstances, include political subdivisions 

20 such as counties, municipalities, or school dis21 tricts, but shall not include common relation22 ships with political parties or political can23 didates. 

24 (2) NO FAVORING OR DISFAVORING OF POLIT25 ICAL PARTIES.—Except as may be required to meet 


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1 the criteria described in paragraph (1), the redis2 tricting plan developed by the independent redis3 tricting commission shall not, when considered on a 

4 statewide basis, unduly favor or disfavor any polit5 ical party. 

6 (3) FACTORS PROHIBITED FROM CONSIDER7 ATION.—In developing the redistricting plan for the 

8 State, the independent redistricting commission may 

9 not take into consideration any of the following fac10 tors, except to the extent necessary to comply with 

11 the criteria described in subparagraphs (A) through 

12 (C) of paragraph (1), paragraph (2), and to enable 

13 the redistricting plan to be measured against the ex14 ternal metrics described in subsection (e): 

15 (A) The residence of any Member of the 

16 House of Representatives or candidate. 

17 (B) The political party affiliation or voting 

18 history of the population of a district. 

19 (b) PUBLIC NOTICE AND INPUT.— 

20 (1) USE OF OPEN AND TRANSPARENT PROC21 ESS.—The independent redistricting commission of a 

22 State shall hold each of its meetings in public, shall 

23 solicit and take into consideration comments from 

24 the public, including proposed maps, throughout the 

25 process of developing the redistricting plan for the 


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1 State, and shall carry out its duties in an open and 

2 transparent manner which provides for the widest 

3 public dissemination reasonably possible of its pro4 posed and final redistricting plans. 

5 (2) WEBSITE.— 

6 (A) FEATURES.—The commission shall 

7 maintain a public internet site which is not af8 filiated with or maintained by the office of any 

9 elected official and which includes the following 

10 features: 

11 (i) General information on the com12 mission, its role in the redistricting proc13 ess, and its members, including contact in14 formation. 

15 (ii) An updated schedule of commis16 sion hearings and activities, including 

17 deadlines for the submission of comments. 

18 (iii) All draft redistricting plans devel19 oped by the commission under subsection 

20 (c) and the final redistricting plan devel21 oped under subsection (d), including the 

22 accompanying written evaluation under 

23 subsection (e). 

24 (iv) All comments received from the 

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1 cluding any proposed maps submitted 

2 under paragraph (1). 

3 (v) Live streaming of commission 

4 hearings and an archive of previous meet5 ings, including any documents considered 

6 at any such meeting, which the commission 

7 shall post not later than 24 hours after the 

8 conclusion of the meeting. 

9 (vi) Access in an easily useable format 

10 to the demographic and other data used by 

11 the commission to develop and analyze the 

12 proposed redistricting plans, together with 

13 access to any software used to draw maps 

14 of proposed districts and to any reports 

15 analyzing and evaluating any such maps. 

16 (vii) A method by which members of 

17 the public may submit comments and pro18 posed maps directly to the commission. 

19 (viii) All records of the commission, 

20 including all communications to or from 

21 members, employees, and contractors re22 garding the work of the commission. 

23 (ix) A list of all contractors receiving 

24 payment from the commission, together 


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1 with the annual disclosures submitted by 

2 the contractors under section 2411(c)(3). 

3 (x) A list of the names of all individ4 uals who submitted applications to serve 

5 on the commission, together with the appli6 cations submitted by individuals included 

7 in any selection pool, except that the com8 mission may redact from such applications 

9 any financial or other personally sensitive 

10 information. 

11 (B) SEARCHABLE FORMAT.—The commis12 sion shall ensure that all information posted 

13 and maintained on the site under this para14 graph, including information and proposed 

15 maps submitted by the public, shall be main16 tained in an easily searchable format. 

17 (C) DEADLINE.—The commission shall en18 sure that the public internet site under this 

19 paragraph is operational (in at least a prelimi20 nary format) not later than January 1 of the 

21 year ending in the numeral one. 

22 (3) PUBLIC COMMENT PERIOD.—The commis23 sion shall solicit, accept, and consider comments 

24 from the public with respect to its duties, activities, 

25 and procedures at any time during the period— 


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1 (A) which begins on January 1 of the year 

2 ending in the numeral one; and 

3 (B) which ends 7 days before the date of 

4 the meeting at which the commission shall vote 

5 on approving the final redistricting plan for en6 actment into law under subsection (d)(2). 

7 (4) MEETINGS AND HEARINGS IN VARIOUS GEO8 GRAPHIC LOCATIONS.—To the greatest extent prac9 ticable, the commission shall hold its meetings and 

10 hearings in various geographic regions and locations 

11 throughout the State. 

12 (5) MULTIPLE LANGUAGE REQUIREMENTS FOR

13 ALL NOTICES.—The commission shall make each no14 tice which is required to be posted and published 

15 under this section available in any language in which 

16 the State (or any jurisdiction in the State) is re17 quired to provide election materials under section 

18 203 of the Voting Rights Act of 1965 (52 U.S.C. 

19 10503). 

20 (c) DEVELOPMENT AND PUBLICATION OF PRELIMI21 NARY REDISTRICTING PLAN.— 

22 (1) IN GENERAL.—Prior to developing and pub23 lishing a final redistricting plan under subsection 

24 (d), the independent redistricting commission of a 


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1 State shall develop and publish a preliminary redis2 tricting plan. 

3 (2) MINIMUM PUBLIC HEARINGS AND OPPOR4 TUNITY FOR COMMENT PRIOR TO DEVELOPMENT.— 

5 (A) 3 HEARINGS REQUIRED.—Prior to de6 veloping a preliminary redistricting plan under 

7 this subsection, the commission shall hold not 

8 fewer than 3 public hearings at which members 

9 of the public may provide input and comments 

10 regarding the potential contents of redistricting 

11 plans for the State and the process by which 

12 the commission will develop the preliminary 

13 plan under this subsection. 

14 (B) MINIMUM PERIOD FOR NOTICE PRIOR

15 TO HEARINGS.—Not fewer than 14 days prior 

16 to the date of each hearing held under this 

17 paragraph, the commission shall post notices of 

18 the hearing in on the website maintained under 

19 subsection (b)(2), and shall provide for the pub20 lication of such notices in newspapers of general 

21 circulation throughout the State. Each such no22 tice shall specify the date, time, and location of 

23 the hearing. 

24 (C) SUBMISSION OF PLANS AND MAPS BY

25 MEMBERS OF THE PUBLIC.—Any member of 


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1 the public may submit maps or portions of 

2 maps for consideration by the commission. As 

3 provided under subsection (b)(2)(A), any such 

4 map shall be made publicly available on the 

5 commission’s website and open to comment. 

6 (3) PUBLICATION OF PRELIMINARY PLAN.— 

7 (A) IN GENERAL.—The commission shall 

8 post the preliminary redistricting plan devel9 oped under this subsection, together with a re10 port that includes the commission’s responses 

11 to any public comments received under sub12 section (b)(3), on the website maintained under 

13 subsection (b)(2), and shall provide for the pub14 lication of each such plan in newspapers of gen15 eral circulation throughout the State. 

16 (B) MINIMUM PERIOD FOR NOTICE PRIOR

17 TO PUBLICATION.—Not fewer than 14 days 

18 prior to the date on which the commission posts 

19 and publishes the preliminary plan under this 

20 paragraph, the commission shall notify the pub21 lic through the website maintained under sub22 section (b)(2), as well as through publication of 

23 notice in newspapers of general circulation 

24 throughout the State, of the pending publica25 tion of the plan. 


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1 (4) MINIMUM POST-PUBLICATION PERIOD FOR

2 PUBLIC COMMENT.—The commission shall accept 

3 and consider comments from the public (including 

4 through the website maintained under subsection 

5 (b)(2)) with respect to the preliminary redistricting 

6 plan published under paragraph (3), including pro7 posed revisions to maps, for not fewer than 30 days 

8 after the date on which the plan is published. 

9 (5) POST-PUBLICATION HEARINGS.— 

10 (A) 3 HEARINGS REQUIRED.—After post11 ing and publishing the preliminary redistricting 

12 plan under paragraph (3), the commission shall 

13 hold not fewer than 3 public hearings in dif14 ferent geographic areas of the State at which 

15 members of the public may provide input and 

16 comments regarding the preliminary plan. 

17 (B) MINIMUM PERIOD FOR NOTICE PRIOR

18 TO HEARINGS.—Not fewer than 14 days prior 

19 to the date of each hearing held under this 

20 paragraph, the commission shall post notices of 

21 the hearing in on the website maintained under 

22 subsection (b)(2), and shall provide for the pub23 lication of such notices in newspapers of general 

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1 tice shall specify the date, time, and location of 

2 the hearing. 

3 (6) PERMITTING MULTIPLE PRELIMINARY

4 PLANS.—At the option of the commission, after de5 veloping and publishing the preliminary redistricting 

6 plan under this subsection, the commission may de7 velop and publish subsequent preliminary redis8 tricting plans, so long as the process for the develop9 ment and publication of each such subsequent plan 

10 meets the requirements set forth in this subsection 

11 for the development and publication of the first pre12 liminary redistricting plan. 

13 (d) PROCESS FOR ENACTMENT OF FINAL REDIS14 TRICTING PLAN.— 

15 (1) IN GENERAL.—After taking into consider16 ation comments from the public on any preliminary 

17 redistricting plan developed and published under 

18 subsection (c), the independent redistricting commis19 sion of a State shall develop and publish a final re20 districting plan for the State. 

21 (2) MEETING; FINAL VOTE.—Not later than the 

22 deadline specified in subsection (f), the commission 

23 shall hold a public hearing at which the members of 

24 the commission shall vote on approving the final 

25 plan for enactment into law. 


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1 (3) PUBLICATION OF PLAN AND ACCOMPANYING

2 MATERIALS.—Not fewer than 14 days before the 

3 date of the meeting under paragraph (2), the com4 mission shall provide the following information to 

5 the public through the website maintained under 

6 subsection (b)(2), as well as through newspapers of 

7 general circulation throughout the State: 

8 (A) The final redistricting plan, including 

9 all relevant maps. 

10 (B) A report by the commission to accom11 pany the plan which provides the background 

12 for the plan and the commission’s reasons for 

13 selecting the plan as the final redistricting plan, 

14 including responses to the public comments re15 ceived on any preliminary redistricting plan de16 veloped and published under subsection (c). 

17 (C) Any dissenting or additional views with 

18 respect to the plan of individual members of the 

19 commission. 

20 (4) ENACTMENT.—The final redistricting plan 

21 developed and published under this subsection shall 

22 be deemed to be enacted into law if— 

23 (A) the plan is approved by a majority of 

24 the whole membership of the commission; and 


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1 (B) at least one member of the commission 

2 appointed from each of the categories of the ap3 proved selection pool described in section 

4 2412(b)(1) approves the plan. 

5 (e) WRITTEN EVALUATION OF PLAN AGAINST EX6 TERNAL METRICS.—The independent redistricting com7 mission shall include with each redistricting plan devel8 oped and published under this section a written evaluation 

9 that measures each such plan against external metrics 

10 which cover the criteria set forth in paragraph (1) of sub11 section (a), including the impact of the plan on the ability 

12 of communities of color to elect candidates of choice, 

13 measures of partisan fairness using multiple accepted 

14 methodologies, and the degree to which the plan preserves 

15 or divides communities of interest. 

16 (f) TIMING.—The independent redistricting commis17 sion of a State may begin its work on the redistricting 

18 plan of the State upon receipt of relevant population infor19 mation from the Bureau of the Census, and shall approve 

20 a final redistricting plan for the State in each year ending 

21 in the numeral one not later than 8 months after the date 

22 on which the State receives the State apportionment notice 

23 or October 1, whichever occurs later. 


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1 SEC. 2414. ESTABLISHMENT OF RELATED ENTITIES. 

2 (a) ESTABLISHMENT OR DESIGNATION OF NON3 PARTISAN AGENCY OF STATE LEGISLATURE.— 

4 (1) IN GENERAL.—Each State shall establish a 

5 nonpartisan agency in the legislative branch of the 

6 State government to appoint the members of the 

7 independent redistricting commission for the State 

8 in accordance with section 2411. 

9 (2) NONPARTISANSHIP DESCRIBED.—For pur10 poses of this subsection, an agency shall be consid11 ered to be nonpartisan if under law the agency— 

12 (A) is required to provide services on a 

13 nonpartisan basis; 

14 (B) is required to maintain impartiality; 

15 and 

16 (C) is prohibited from advocating for the 

17 adoption or rejection of any legislative proposal. 

18 (3) TRAINING OF MEMBERS APPOINTED TO

19 COMMISSION.—Not later than January 15 of a year 

20 ending in the numeral one, the nonpartisan agency 

21 established or designated under this subsection shall 

22 provide the members of the independent redistricting 

23 commission with initial training on their obligations 

24 as members of the commission, including obligations 

25 under the Voting Rights Act of 1965 (52 U.S.C. 

26 10301 et seq.) and other applicable laws. 


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1 (4) REGULATIONS.—The nonpartisan agency 

2 established or designated under this subsection shall 

3 adopt and publish regulations, after notice and op4 portunity for comment, establishing the procedures 

5 that the agency will follow in fulfilling its duties 

6 under this subtitle, including the procedures to be 

7 used in vetting the qualifications and political affili8 ation of applicants and in creating the selection 

9 pools, the randomized process to be used in selecting 

10 the initial members of the independent redistricting 

11 commission, and the rules that the agency will apply 

12 to ensure that the agency carries out its duties 

13 under this subtitle in a maximally transparent, pub14 licly accessible, and impartial manner. 

15 (5) DESIGNATION OF EXISTING AGENCY.—At 

16 its option, a State may designate an existing agency 

17 in the legislative branch of its government to appoint 

18 the members of the independent redistricting com19 mission plan for the State under this subtitle, so 

20 long as the agency meets the requirements for non21 partisanship under this subsection. 

22 (6) TERMINATION OF AGENCY SPECIFICALLY

23 ESTABLISHED FOR REDISTRICTING.—If a State does 

24 not designate an existing agency under paragraph 

25 (5) but instead establishes a new agency to serve as 


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1 the nonpartisan agency under this section, the new 

2 agency shall terminate upon the enactment into law 

3 of the redistricting plan for the State. 

4 (7) PRESERVATION OF RECORDS.—The State 

5 shall ensure that the records of the nonpartisan 

6 agency are retained in the appropriate State archive 

7 in such manner as may be necessary to enable the 

8 State to respond to any civil action brought with re9 spect to congressional redistricting in the State. 

10 (8) DEADLINE.—The State shall meet the re11 quirements of this subsection not later than each 

12 October 15 of a year ending in the numeral nine. 

13 (b) ESTABLISHMENT OF SELECT COMMITTEE ON RE14 DISTRICTING.— 

15 (1) IN GENERAL.—Each State shall appoint a 

16 Select Committee on Redistricting to approve or dis17 approve a selection pool developed for the State by 

18 the nonpartisan agency pursuant to section 2412(b). 

19 (2) APPOINTMENT.—The Select Committee on 

20 Redistricting for a State under this subsection shall 

21 consist of the following members: 

22 (A) One member of the upper house of the 

23 State legislature, who shall be appointed by the 

24 leader of the party with the greatest number of 

25 seats in the upper house. 


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1 (B) One member of the upper house of the 

2 State legislature, who shall be appointed by the 

3 leader of the party with the second greatest 

4 number of seats in the upper house. 

5 (C) One member of the lower house of the 

6 State legislature, who shall be appointed by the 

7 leader of the party with the greatest number of 

8 seats in the lower house. 

9 (D) One member of the lower house of the 

10 State legislature, who shall be appointed by the 

11 leader of the party with the second greatest 

12 number of seats in the lower house. 

13 (3) SPECIAL RULE FOR STATES WITH UNICAM14 ERAL LEGISLATURE.—In the case of a State with a 

15 unicameral legislature, the Select Committee on Re16 districting for the State under this subsection shall 

17 consist of the following members: 

18 (A) Two members of the State legislature 

19 appointed by the chair of the political party of 

20 the State whose candidate received the highest 

21 percentage of votes in the most recent statewide 

22 election for Federal office held in the State. 

23 (B) Two members of the State legislature 

24 appointed by the chair of the political party 

25 whose candidate received the second highest 


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1 percentage of votes in the most recent statewide 

2 election for Federal office held in the State. 

3 (4) DEADLINE.—The State shall meet the re4 quirements of this subsection not later than each 

5 January 15 of a year ending in the numeral zero. 

6 SEC. 2415. REPORT ON DIVERSITY OF MEMBERSHIPS OF 

7 INDEPENDENT REDISTRICTING COMMIS8 SIONS. 

9 Not later than May 15 of a year ending in the nu10 meral one, the Comptroller General of the United States 

11 shall submit to Congress a report on the extent to which 

12 the memberships of independent redistricting commissions 

13 for States established under this part with respect to the 

14 immediately preceding year ending in the numeral zero 

15 meet the diversity requirements as provided for in sections 

16 2411(a)(2)(B) and 2412(b)(2). 

17 PART 3—ROLE OF COURTS IN DEVELOPMENT OF 

18 REDISTRICTING PLANS 

19 SEC. 2421. ENACTMENT OF PLAN DEVELOPED BY 3-JUDGE 

20 COURT. 

21 (a) DEVELOPMENT OF PLAN.—If any of the trig22 gering events described in subsection (f) occur with re23 spect to a State— 

24 (1) not later than December 15 of the year in 

25 which the triggering event occurs, the United States 


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1 district court for the applicable venue, acting 

2 through a 3-judge Court convened pursuant to sec3 tion 2284 of title 28, United States Code, shall de4 velop and publish the congressional redistricting 

5 plan for the State; and 

6 (2) the final plan developed and published by 

7 the Court under this section shall be deemed to be 

8 enacted on the date on which the Court publishes 

9 the final plan, as described in subsection (d). 

10 (b) APPLICABLE VENUE DESCRIBED.—For purposes 

11 of this section, the ‘‘applicable venue’’ with respect to a 

12 State is the District of Columbia or the judicial district 

13 in which the capital of the State is located, as selected 

14 by the first party to file with the court sufficient evidence 

15 of the occurrence of a triggering event described in sub16 section (f). 

17 (c) PROCEDURES FOR DEVELOPMENT OF PLAN.— 

18 (1) CRITERIA.—In developing a redistricting 

19 plan for a State under this section, the Court shall 

20 adhere to the same terms and conditions that ap21 plied (or that would have applied, as the case may 

22 be) to the development of a plan by the independent 

23 redistricting commission of the State under section 

24 2413(a). 


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1 (2) ACCESS TO INFORMATION AND RECORDS OF

2 COMMISSION.—The Court shall have access to any 

3 information, data, software, or other records and 

4 material that was used (or that would have been 

5 used, as the case may be) by the independent redis6 tricting commission of the State in carrying out its 

7 duties under this subtitle. 

8 (3) HEARING; PUBLIC PARTICIPATION.—In de9 veloping a redistricting plan for a State, the Court 

10 shall— 

11 (A) hold one or more evidentiary hearings 

12 at which interested members of the public may 

13 appear and be heard and present testimony, in14 cluding expert testimony, in accordance with 

15 the rules of the Court; and 

16 (B) consider other submissions and com17 ments by the public, including proposals for re18 districting plans to cover the entire State or 

19 any portion of the State. 

20 (4) USE OF SPECIAL MASTER.—To assist in the 

21 development and publication of a redistricting plan 

22 for a State under this section, the Court may ap23 point a special master to make recommendations to 

24 the Court on possible plans for the State. 

25 (d) PUBLICATION OF PLAN.— 


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1 (1) PUBLIC AVAILABILITY OF INITIAL PLAN.— 

2 Upon completing the development of one or more 

3 initial redistricting plans, the Court shall make the 

4 plans available to the public at no cost, and shall 

5 also make available the underlying data used by the 

6 Court to develop the plans and a written evaluation 

7 of the plans against external metrics (as described in 

8 section 2413(e)). 

9 (2) PUBLICATION OF FINAL PLAN.—At any 

10 time after the expiration of the 14-day period which 

11 begins on the date the Court makes the plans avail12 able to the public under paragraph (1), and taking 

13 into consideration any submissions and comments by 

14 the public which are received during such period, the 

15 Court shall develop and publish the final redis16 tricting plan for the State. 

17 (e) USE OF INTERIM PLAN.—In the event that the 

18 Court is not able to develop and publish a final redis19 tricting plan for the State with sufficient time for an up20 coming election to proceed, the Court may develop and 

21 publish an interim redistricting plan which shall serve as 

22 the redistricting plan for the State until the Court devel23 ops and publishes a final plan in accordance with this sec24 tion. Nothing in this subsection may be construed to limit 

25 or otherwise affect the authority or discretion of the Court 


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1 to develop and publish the final redistricting plan, includ2 ing the discretion to make any changes the Court deems 

3 necessary to an interim redistricting plan. 

4 (f) TRIGGERING EVENTS DESCRIBED.—The ‘‘trig5 gering events’’ described in this subsection are as follows: 

6 (1) The failure of the State to establish or des7 ignate a nonpartisan agency of the State legislature 

8 under section 2414(a) prior to the expiration of the 

9 deadline set forth in section 2414(a)(8). 

10 (2) The failure of the State to appoint a Select 

11 Committee on Redistricting under section 2414(b) 

12 prior to the expiration of the deadline set forth in 

13 section 2414(b)(4). 

14 (3) The failure of the Select Committee on Re15 districting to approve any selection pool under sec16 tion 2412 prior to the expiration of the deadline set 

17 forth for the approval of the second replacement se18 lection pool in section 2412(d)(2). 

19 (4) The failure of the independent redistricting 

20 commission of the State to approve a final redis21 tricting plan for the State prior to the expiration of 

22 the deadline set forth in section 2413(f). 


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1 SEC. 2422. SPECIAL RULE FOR REDISTRICTING CON2 DUCTED UNDER ORDER OF FEDERAL COURT. 

3 If a Federal court requires a State to conduct redis4 tricting subsequent to an apportionment of Representa5 tives in the State in order to comply with the Constitution 

6 or to enforce the Voting Rights Act of 1965 (52 U.S.C. 

7 10301 et seq.), section 2413 shall apply with respect to 

8 the redistricting, except that the court may revise any of 

9 the deadlines set forth in such section if the court deter10 mines that a revision is appropriate in order to provide 

11 for a timely enactment of a new redistricting plan for the 

12 State. 

13 PART 4—ADMINISTRATIVE AND MISCELLANEOUS 

14 PROVISIONS 

15 SEC. 2431. PAYMENTS TO STATES FOR CARRYING OUT RE16 DISTRICTING. 

17 (a) AUTHORIZATION OF PAYMENTS.—Subject to sub18 section (d), not later than 30 days after a State receives 

19 a State apportionment notice, the Election Assistance 

20 Commission shall, subject to the availability of appropria21 tions provided pursuant to subsection (e), make a payment 

22 to the State in an amount equal to the product of— 

23 (1) the number of Representatives to which the 

24 State is entitled, as provided under the notice; and 

25 (2) $150,000. 


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1 (b) USE OF FUNDS.—A State shall use the payment 

2 made under this section to establish and operate the 

3 State’s independent redistricting commission, to imple4 ment the State redistricting plan, and to otherwise carry 

5 out congressional redistricting in the State. 

6 (c) NO PAYMENT TO STATES WITH SINGLE MEM7 BER.—The Election Assistance Commission shall not 

8 make a payment under this section to any State which 

9 is not entitled to more than one Representative under its 

10 State apportionment notice. 

11 (d) REQUIRING SUBMISSION OF SELECTION POOL AS

12 CONDITION OF PAYMENT.— 

13 (1) REQUIREMENT.—Except as provided in 

14 paragraph (2), the Election Assistance Commission 

15 may not make a payment to a State under this sec16 tion until the State certifies to the Commission that 

17 the nonpartisan agency established or designated by 

18 a State under section 2414(a) has, in accordance 

19 with section 2412(b)(1), submitted a selection pool 

20 to the Select Committee on Redistricting for the 

21 State established under section 2414(b). 

22 (2) EXCEPTION FOR STATES WITH EXISTING

23 COMMISSIONS.—In the case of a State which, pursu24 ant to section 2401(c), is exempt from the require25 ments of section 2401(a), the Commission may not 


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1 make a payment to the State under this section until 

2 the State certifies to the Commission that its redis3 tricting commission meets the requirements of sec4 tion 2401(c). 

5 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated such sums as may be 

7 necessary for payments under this section. 

8 SEC. 2432. CIVIL ENFORCEMENT. 

9 (a) CIVIL ENFORCEMENT.— 

10 (1) ACTIONS BY ATTORNEY GENERAL.—The At11 torney General may bring a civil action in an appro12 priate district court for such relief as may be appro13 priate to carry out this subtitle. 

14 (2) AVAILABILITY OF PRIVATE RIGHT OF AC15 TION.—Any citizen of a State who is aggrieved by 

16 the failure of the State to meet the requirements of 

17 this subtitle may bring a civil action in the United 

18 States district court for the applicable venue for 

19 such relief as may be appropriate to remedy the fail20 ure. For purposes of this section, the ‘‘applicable 

21 venue’’ is the District of Columbia or the judicial 

22 district in which the capital of the State is located, 

23 as selected by the person who brings the civil action. 


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1 (b) EXPEDITED CONSIDERATION.—In any action 

2 brought forth under this section, the following rules shall 

3 apply: 

4 (1) The action shall be filed in the district court 

5 of the United States for the District of Columbia or 

6 for the judicial district in which the capital of the 

7 State is located, as selected by the person bringing 

8 the action. 

9 (2) The action shall be heard by a 3-judge 

10 court convened pursuant to section 2284 of title 28, 

11 United States Code. 

12 (3) The 3-judge court shall consolidate actions 

13 brought for relief under subsection (b)(1) with re14 spect to the same State redistricting plan. 

15 (4) A copy of the complaint shall be delivered 

16 promptly to the Clerk of the House of Representa17 tives and the Secretary of the Senate. 

18 (5) A final decision in the action shall be re19 viewable only by appeal directly to the Supreme 

20 Court of the United States. Such appeal shall be 

21 taken by the filing of a notice of appeal within 10 

22 days, and the filing of a jurisdictional statement 

23 within 30 days, of the entry of the final decision. 

24 (6) It shall be the duty of the district court and 

25 the Supreme Court of the United States to advance 


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1 on the docket and to expedite to the greatest pos2 sible extent the disposition of the action and appeal. 

3 (c) ATTORNEY’S FEES.—In a civil action under this 

4 section, the court may allow the prevailing party (other 

5 than the United States) reasonable attorney fees, includ6 ing litigation expenses, and costs. 

7 (d) RELATION TO OTHER LAWS.— 

8 (1) RIGHTS AND REMEDIES ADDITIONAL TO

9 OTHER RIGHTS AND REMEDIES.—The rights and 

10 remedies established by this section are in addition 

11 to all other rights and remedies provided by law, and 

12 neither the rights and remedies established by this 

13 section nor any other provision of this subtitle shall 

14 supersede, restrict, or limit the application of the 

15 Voting Rights Act of 1965 (52 U.S.C. 10301 et 

16 seq.). 

17 (2) VOTING RIGHTS ACT OF 1965.—Nothing in 

18 this subtitle authorizes or requires conduct that is 

19 prohibited by the Voting Rights Act of 1965 (52 

20 U.S.C. 10301 et seq.). 

21 SEC. 2433. STATE APPORTIONMENT NOTICE DEFINED. 

22 In this subtitle, the ‘‘State apportionment notice’’ 

23 means, with respect to a State, the notice sent to the State 

24 from the Clerk of the House of Representatives under sec25 tion 22(b) of the Act entitled ‘‘An Act to provide for the 


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1 fifteenth and subsequent decennial censuses and to pro2 vide for an apportionment of Representatives in Con3 gress’’, approved June 18, 1929 (2 U.S.C. 2a), of the 

4 number of Representatives to which the State is entitled. 

5 SEC. 2434. NO EFFECT ON ELECTIONS FOR STATE AND 

6 LOCAL OFFICE. 

7 Nothing in this subtitle or in any amendment made 

8 by this subtitle may be construed to affect the manner 

9 in which a State carries out elections for State or local 

10 office, including the process by which a State establishes 

11 the districts used in such elections. 

12 SEC. 2435. EFFECTIVE DATE. 

13 This subtitle and the amendments made by this sub14 title shall apply with respect to redistricting carried out 

15 pursuant to the decennial census conducted during 2020 

16 or any succeeding decennial census. 

17 Subtitle F—Saving Eligible Voters 

18 From Voter Purging 

19 SEC. 2501. SHORT TITLE. 

20 This subtitle may be cited as the ‘‘Stop Automatically 

21 Voiding Eligible Voters Off Their Enlisted Rolls in States 

22 Act’’ or the ‘‘Save Voters Act’’. 


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1 SEC. 2502. CONDITIONS FOR REMOVAL OF VOTERS FROM 

2 LIST OF REGISTERED VOTERS. 

3 (a) CONDITIONS DESCRIBED.—The National Voter 

4 Registration Act of 1993 (52 U.S.C. 20501 et seq.) is 

5 amended by inserting after section 8 the following new 

6 section: 

7 ‘‘SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM 

8 OFFICIAL LIST OF REGISTERED VOTERS. 

9 ‘‘(a) VERIFICATION ON BASIS OF OBJECTIVE AND

10 RELIABLE EVIDENCE OF INELIGIBILITY.— 

11 ‘‘(1) REQUIRING VERIFICATION.—Notwith12 standing any other provision of this Act, a State 

13 may not remove the name of any registrant from the 

14 official list of voters eligible to vote in elections for 

15 Federal office in the State unless the State verifies, 

16 on the basis of objective and reliable evidence, that 

17 the registrant is ineligible to vote in such elections. 

18 ‘‘(2) FACTORS NOT CONSIDERED AS OBJECTIVE

19 AND RELIABLE EVIDENCE OF INELIGIBILITY.—For 

20 purposes of paragraph (1), the following factors, or 

21 any combination thereof, shall not be treated as ob22 jective and reliable evidence of a registrant’s ineligi23 bility to vote: 

24 ‘‘(A) The failure of the registrant to vote 

25 in any election. 


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1 ‘‘(B) The failure of the registrant to re2 spond to any notice sent under section 8(d), un3 less the notice has been returned as undeliver4 able. 

5 ‘‘(C) The failure of the registrant to take 

6 any other action with respect to voting in any 

7 election or with respect to the registrant’s sta8 tus as a registrant. 

9 ‘‘(b) NOTICE AFTER REMOVAL.— 

10 ‘‘(1) NOTICE TO INDIVIDUAL REMOVED.— 

11 ‘‘(A) IN GENERAL.—Not later than 48 

12 hours after a State removes the name of a reg13 istrant from the official list of eligible voters for 

14 any reason (other than the death of the reg15 istrant), the State shall send notice of the re16 moval to the former registrant, and shall in17 clude in the notice the grounds for the removal 

18 and information on how the former registrant 

19 may contest the removal or be reinstated, in20 cluding a telephone number for the appropriate 

21 election official. 

22 ‘‘(B) EXCEPTIONS.—Subparagraph (A) 

23 does not apply in the case of a registrant— 

24 ‘‘(i) who sends written confirmation to 

25 the State that the registrant is no longer 


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1 eligible to vote in the registrar’s jurisdic2 tion in which the registrant was registered; 

3 or 

4 ‘‘(ii) who is removed from the official 

5 list of eligible voters by reason of the death 

6 of the registrant. 

7 ‘‘(2) PUBLIC NOTICE.—Not later than 48 hours 

8 after conducting any general program to remove the 

9 names of ineligible voters from the official list of eli10 gible voters (as described in section 8(a)(4)), the 

11 State shall disseminate a public notice through such 

12 methods as may be reasonable to reach the general 

13 public (including by publishing the notice in a news14 paper of wide circulation or posting the notice on the 

15 websites of the appropriate election officials) that 

16 list maintenance is taking place and that registrants 

17 should check their registration status to ensure no 

18 errors or mistakes have been made. The State shall 

19 ensure that the public notice disseminated under this 

20 paragraph is in a format that is reasonably conven21 ient and accessible to voters with disabilities, includ22 ing voters who have low vision or are blind.’’. 

23 (b) CONDITIONS FOR TRANSMISSION OF NOTICES OF

24 REMOVAL.—Section 8(d) of such Act (52 U.S.C. 


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1 20507(d)) is amended by adding at the end the following 

2 new paragraph: 

3 ‘‘(4) A State may not transmit a notice to a 

4 registrant under this subsection unless the State ob5 tains objective and reliable evidence (in accordance 

6 with the standards for such evidence which are de7 scribed in section 8A(a)(2)) that the registrant has 

8 changed residence to a place outside the registrar’s 

9 jurisdiction in which the registrant is registered.’’. 

10 (c) CONFORMING AMENDMENTS.— 

11 (1) NATIONAL VOTER REGISTRATION ACT OF

12 1993.—Section 8(a) of such Act (52 U.S.C. 

13 20507(a)) is amended— 

14 (A) in paragraph (3), by striking ‘‘pro15 vide’’ and inserting ‘‘subject to section 8A, pro16 vide’’; and 

17 (B) in paragraph (4), by striking ‘‘con18 duct’’ and inserting ‘‘subject to section 8A, con19 duct’’. 

20 (2) HELP AMERICA VOTE ACT OF 2002.—Section 

21 303(a)(4)(A) of the Help America Vote Act of 2002 

22 (52 U.S.C. 21083(a)(4)(A)) is amended by striking 

23 ‘‘, registrants’’ and inserting ‘‘, and subject to sec24 tion 8A of such Act, registrants’’. 


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1 (d) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on the date of the enactment 

3 of this Act. 

4 Subtitle G—No Effect on Authority 

5 of States To Provide Greater 

6 Opportunities for Voting 

7 SEC. 2601. NO EFFECT ON AUTHORITY OF STATES TO PRO8 VIDE GREATER OPPORTUNITIES FOR VOT9 ING. 

10 Nothing in this title or the amendments made by this 

11 title may be construed to prohibit any State from enacting 

12 any law which provides greater opportunities for individ13 uals to register to vote and to vote in elections for Federal 

14 office than are provided by this title and the amendments 

15 made by this title. 

16 Subtitle H—Residence of 

17 Incarcerated Individuals 

18 SEC. 2701. RESIDENCE OF INCARCERATED INDIVIDUALS. 

19 Section 141 of title 13, United States Code, is 

20 amended— 

21 (1) by redesignating subsection (g) as sub22 section (h); and 

23 (2) by inserting after subsection (f) the fol24 lowing: 


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1 ‘‘(g)(1) Effective beginning with the 2020 decennial 

2 census of population, in taking any tabulation of total pop3 ulation by States under subsection (a) for purposes of the 

4 apportionment of Representatives in Congress among the 

5 several States, the Secretary shall, with respect to an indi6 vidual incarcerated in a State, Federal, county, or munic7 ipal correctional center as of the date on which such cen8 sus is taken, attribute such individual to such individual’s 

9 last place of residence before incarceration. 

10 ‘‘(2) In carrying out this subsection, the Secretary 

11 shall consult with each State department of corrections to 

12 collect the information necessary to make the determina13 tion required under paragraph (1).’’. 

14 Subtitle I—Severability 

15 SEC. 2801. SEVERABILITY. 

16 If any provision of this title or amendment made by 

17 this title, or the application of a provision or amendment 

18 to any person or circumstance, is held to be unconstitu19 tional, the remainder of this title and amendments made 

20 by this title, and the application of the provisions and 

21 amendment to any person or circumstance, shall not be 

22 affected by the holding. 


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1 TITLE III—ELECTION SECURITY 

2 SEC. 3000. SHORT TITLE; SENSE OF CONGRESS. 

3 (a) SHORT TITLE.—This title may be cited as the 

4 ‘‘Election Security Act’’. 

5 (b) SENSE OF CONGRESS ON NEED TO IMPROVE

6 ELECTION INFRASTRUCTURE SECURITY.—It is the sense 

7 of Congress that, in light of the lessons learned from Rus8 sian interference in the 2016 Presidential election, the 

9 Federal Government should intensify its efforts to improve 

10 the security of election infrastructure in the United States, 

11 including through the use of individual, durable, paper 

12 ballots marked by the voter by hand. 

13 Subtitle A—Financial Support for 

14 Election Infrastructure 

15 PART 1—VOTING SYSTEM SECURITY 

16 IMPROVEMENT GRANTS 

17 SEC. 3001. GRANTS FOR OBTAINING COMPLIANT PAPER 

18 BALLOT VOTING SYSTEMS AND CARRYING 

19 OUT VOTING SYSTEM SECURITY IMPROVE20 MENTS. 

21 (a) AVAILABILITY OF GRANTS.—Subtitle D of title 

22 II of the Help America Vote Act of 2002 (52 U.S.C. 

23 21001 et seq.), as amended by section 1905(a), is amend24 ed by adding at the end the following new part: 


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1 ‘‘PART 8—GRANTS FOR OBTAINING COMPLIANT 

2 PAPER BALLOT VOTING SYSTEMS AND CAR3 RYING OUT VOTING SYSTEM SECURITY IM4 PROVEMENTS 

5 ‘‘SEC. 298. GRANTS FOR OBTAINING COMPLIANT PAPER 

6 BALLOT VOTING SYSTEMS AND CARRYING 

7 OUT VOTING SYSTEM SECURITY IMPROVE8 MENTS. 

9 ‘‘(a) AVAILABILITY AND USE OF GRANT.—The Com10 mission shall make a grant to each eligible State— 

11 ‘‘(1) to replace a voting system— 

12 ‘‘(A) which does not meet the requirements 

13 which are first imposed on the State pursuant 

14 to the amendments made by the Voter Con15 fidence and Increased Accessibility Act of 2019 

16 with a voting system which does meet such re17 quirements, for use in the regularly scheduled 

18 general elections for Federal office held in No19 vember 2020, or 

20 ‘‘(B) which does meet such requirements 

21 but which is not in compliance with the most 

22 recent voluntary voting system guidelines issued 

23 by the Commission prior to the regularly sched24 uled general election for Federal office held in 

25 November 2020 with another system which does 


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1 meet such requirements and is in compliance 

2 with such guidelines; 

3 ‘‘(2) to carry out voting system security im4 provements described in section 298A with respect 

5 to the regularly scheduled general elections for Fed6 eral office held in November 2020 and each suc7 ceeding election for Federal office; and 

8 ‘‘(3) to implement and model best practices for 

9 ballot design, ballot instructions, and the testing of 

10 ballots. 

11 ‘‘(b) AMOUNT OF GRANT.—The amount of a grant 

12 made to a State under this section shall be such amount 

13 as the Commission determines to be appropriate, except 

14 that such amount may not be less than the product of 

15 $1 and the average of the number of individuals who cast 

16 votes in any of the two most recent regularly scheduled 

17 general elections for Federal office held in the State. 

18 ‘‘(c) PRO RATA REDUCTIONS.—If the amount of 

19 funds appropriated for grants under this part is insuffi20 cient to ensure that each State receives the amount of the 

21 grant calculated under subsection (b), the Commission 

22 shall make such pro rata reductions in such amounts as 

23 may be necessary to ensure that the entire amount appro24 priated under this part is distributed to the States. 


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1 ‘‘(d) SURPLUS APPROPRIATIONS.—If the amount of 

2 funds appropriated for grants authorized under section 

3 298D(a)(2) exceed the amount necessary to meet the re4 quirements of subsection (b), the Commission shall con5 sider the following in making a determination to award 

6 remaining funds to a State: 

7 ‘‘(1) The record of the State in carrying out the 

8 following with respect to the administration of elec9 tions for Federal office: 

10 ‘‘(A) Providing voting machines that are 

11 less than 10 years old. 

12 ‘‘(B) Implementing strong chain of custody 

13 procedures for the physical security of voting 

14 equipment and paper records at all stages of 

15 the process. 

16 ‘‘(C) Conducting pre-election testing on 

17 every voting machine and ensuring that paper 

18 ballots are available wherever electronic ma19 chines are used. 

20 ‘‘(D) Maintaining offline backups of voter 

21 registration lists. 

22 ‘‘(E) Providing a secure voter registration 

23 database that logs requests submitted to the 

24 database. 


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1 ‘‘(F) Publishing and enforcing a policy de2 tailing use limitations and security safeguards 

3 to protect the personal information of voters in 

4 the voter registration process. 

5 ‘‘(G) Providing secure processes and proce6 dures for reporting vote tallies. 

7 ‘‘(H) Providing a secure platform for dis8 seminating vote totals. 

9 ‘‘(2) Evidence of established conditions of inno10 vation and reform in providing voting system secu11 rity and the proposed plan of the State for imple12 menting additional conditions. 

13 ‘‘(3) Evidence of collaboration between relevant 

14 stakeholders, including local election officials, in de15 veloping the grant implementation plan described in 

16 section 298B. 

17 ‘‘(4) The plan of the State to conduct a rig18 orous evaluation of the effectiveness of the activities 

19 carried out with the grant. 

20 ‘‘(e) ABILITY OF REPLACEMENT SYSTEMS TO AD21 MINISTER RANKED CHOICE ELECTIONS.—To the greatest 

22 extent practicable, an eligible State which receives a grant 

23 to replace a voting system under this section shall ensure 

24 that the replacement system is capable of administering 

25 a system of ranked choice voting under which each voter 


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1 shall rank the candidates for the office in the order of 

2 the voter’s preference. 

3 ‘‘SEC. 298A. VOTING SYSTEM SECURITY IMPROVEMENTS 

4 DESCRIBED. 

5 ‘‘(a) PERMITTED USES.—A voting system security 

6 improvement described in this section is any of the fol7 lowing: 

8 ‘‘(1) The acquisition of goods and services from 

9 qualified election infrastructure vendors by purchase, 

10 lease, or such other arrangements as may be appro11 priate. 

12 ‘‘(2) Cyber and risk mitigation training. 

13 ‘‘(3) A security risk and vulnerability assess14 ment of the State’s election infrastructure which is 

15 carried out by a provider of cybersecurity services 

16 under a contract entered into between the chief 

17 State election official and the provider. 

18 ‘‘(4) The maintenance of election infrastruc19 ture, including addressing risks and vulnerabilities 

20 which are identified under either of the security risk 

21 and vulnerability assessments described in para22 graph (3), except that none of the funds provided 

23 under this part may be used to renovate or replace 

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1 poses other than the administration of elections for 

2 public office. 

3 ‘‘(5) Providing increased technical support for 

4 any information technology infrastructure that the 

5 chief State election official deems to be part of the 

6 State’s election infrastructure or designates as crit7 ical to the operation of the State’s election infra8 structure. 

9 ‘‘(6) Enhancing the cybersecurity and oper10 ations of the information technology infrastructure 

11 described in paragraph (4). 

12 ‘‘(7) Enhancing the cybersecurity of voter reg13 istration systems. 

14 ‘‘(b) QUALIFIED ELECTION INFRASTRUCTURE VEN15 DORS DESCRIBED.— 

16 ‘‘(1) IN GENERAL.—For purposes of this part, 

17 a ‘qualified election infrastructure vendor’ is any 

18 person who provides, supports, or maintains, or who 

19 seeks to provide, support, or maintain, election in20 frastructure on behalf of a State, unit of local gov21 ernment, or election agency (as defined in section 

22 3601 of the Election Security Act) who meets the 

23 criteria described in paragraph (2). 

24 ‘‘(2) CRITERIA.—The criteria described in this 

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1 ordination with the Secretary of Homeland Security, 

2 shall establish and publish, and shall include each of 

3 the following requirements: 

4 ‘‘(A) The vendor must be owned and con5 trolled by a citizen or permanent resident of the 

6 United States. 

7 ‘‘(B) The vendor must disclose to the 

8 Chairman and the Secretary, and to the chief 

9 State election official of any State to which the 

10 vendor provides any goods and services with 

11 funds provided under this part, of any sourcing 

12 outside the United States for parts of the elec13 tion infrastructure. 

14 ‘‘(C) The vendor agrees to ensure that the 

15 election infrastructure will be developed and 

16 maintained in a manner that is consistent with 

17 the cybersecurity best practices issued by the 

18 Technical Guidelines Development Committee. 

19 ‘‘(D) The vendor agrees to maintain its in20 formation technology infrastructure in a man21 ner that is consistent with the cybersecurity 

22 best practices issued by the Technical Guide23 lines Development Committee. 

24 ‘‘(E) The vendor agrees to meet the re25 quirements of paragraph (3) with respect to 


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1 any known or suspected cybersecurity incidents 

2 involving any of the goods and services provided 

3 by the vendor pursuant to a grant under this 

4 part. 

5 ‘‘(F) The vendor agrees to permit inde6 pendent security testing by the Commission (in 

7 accordance with section 231(a)) and by the Sec8 retary of the goods and services provided by the 

9 vendor pursuant to a grant under this part. 

10 ‘‘(3) CYBERSECURITY INCIDENT REPORTING

11 REQUIREMENTS.— 

12 ‘‘(A) IN GENERAL.—A vendor meets the 

13 requirements of this paragraph if, upon becom14 ing aware of the possibility that an election cy15 bersecurity incident has occurred involving any 

16 of the goods and services provided by the ven17 dor pursuant to a grant under this part— 

18 ‘‘(i) the vendor promptly assesses 

19 whether or not such an incident occurred, 

20 and submits a notification meeting the re21 quirements of subparagraph (B) to the 

22 Secretary and the Chairman of the assess23 ment as soon as practicable (but in no case 

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1 comes aware of the possibility that the in2 cident occurred); 

3 ‘‘(ii) if the incident involves goods or 

4 services provided to an election agency, the 

5 vendor submits a notification meeting the 

6 requirements of subparagraph (B) to the 

7 agency as soon as practicable (but in no 

8 case later than 3 days after the vendor 

9 first becomes aware of the possibility that 

10 the incident occurred), and cooperates with 

11 the agency in providing any other nec12 essary notifications relating to the inci13 dent; and 

14 ‘‘(iii) the vendor provides all necessary 

15 updates to any notification submitted 

16 under clause (i) or clause (ii). 

17 ‘‘(B) CONTENTS OF NOTIFICATIONS.— 

18 Each notification submitted under clause (i) or 

19 clause (ii) of subparagraph (A) shall contain 

20 the following information with respect to any 

21 election cybersecurity incident covered by the 

22 notification: 

23 ‘‘(i) The date, time, and time zone 

24 when the election cybersecurity incident 

25 began, if known. 


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1 ‘‘(ii) The date, time, and time zone 

2 when the election cybersecurity incident 

3 was detected. 

4 ‘‘(iii) The date, time, and duration of 

5 the election cybersecurity incident. 

6 ‘‘(iv) The circumstances of the elec7 tion cybersecurity incident, including the 

8 specific election infrastructure systems be9 lieved to have been accessed and informa10 tion acquired, if any. 

11 ‘‘(v) Any planned and implemented 

12 technical measures to respond to and re13 cover from the incident. 

14 ‘‘(vi) In the case of any notification 

15 which is an update to a prior notification, 

16 any additional material information relat17 ing to the incident, including technical 

18 data, as it becomes available. 

19 ‘‘SEC. 298B. ELIGIBILITY OF STATES. 

20 ‘‘A State is eligible to receive a grant under this part 

21 if the State submits to the Commission, at such time and 

22 in such form as the Commission may require, an applica23 tion containing— 


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1 ‘‘(1) a description of how the State will use the 

2 grant to carry out the activities authorized under 

3 this part; 

4 ‘‘(2) a certification and assurance that, not 

5 later than 5 years after receiving the grant, the 

6 State will carry out risk-limiting audits and will 

7 carry out voting system security improvements, as 

8 described in section 298A; and 

9 ‘‘(3) such other information and assurances as 

10 the Commission may require. 

11 ‘‘SEC. 298C. REPORTS TO CONGRESS. 

12 ‘‘Not later than 90 days after the end of each fiscal 

13 year, the Commission shall submit a report to the appro14 priate congressional committees, including the Committees 

15 on Homeland Security, House Administration, and the Ju16 diciary of the House of Representatives and the Commit17 tees on Homeland Security and Governmental Affairs, the 

18 Judiciary, and Rules and Administration of the Senate, 

19 on the activities carried out with the funds provided under 

20 this part. 

21 ‘‘SEC. 298D. AUTHORIZATION OF APPROPRIATIONS. 

22 ‘‘(a) AUTHORIZATION.—There are authorized to be 

23 appropriated for grants under this part— 

24 ‘‘(1) $1,000,000,000 for fiscal year 2019; and 


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1 ‘‘(2) $175,000,000 for each of the fiscal years 

2 2020, 2022, 2024, and 2026. 

3 ‘‘(b) CONTINUING AVAILABILITY OF AMOUNTS.—Any 

4 amounts appropriated pursuant to the authorization of 

5 this section shall remain available until expended.’’. 

6 (b) CLERICAL AMENDMENT.—The table of contents 

7 of such Act, as amended by section 1905(b), is amended 

8 by adding at the end of the items relating to subtitle D 

9 of title II the following: 

‘‘PART 8—GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING

SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS

‘‘Sec. 298. Grants for obtaining compliant paper ballot voting systems and 

carrying out voting system security improvements. 

‘‘Sec. 298A. Voting system security improvements described. 

‘‘Sec. 298B. Eligibility of States. 

‘‘Sec. 298C. Reports to Congress. 

‘‘Sec. 298D. Authorization of appropriations. 

10 SEC. 3002. COORDINATION OF VOTING SYSTEM SECURITY 

11 ACTIVITIES WITH USE OF REQUIREMENTS 

12 PAYMENTS AND ELECTION ADMINISTRATION 

13 REQUIREMENTS UNDER HELP AMERICA 

14 VOTE ACT OF 2002. 

15 (a) DUTIES OF ELECTION ASSISTANCE COMMIS16 SION.—Section 202 of the Help America Vote Act of 2002 

17 (52 U.S.C. 20922) is amended in the matter preceding 

18 paragraph (1) by striking ‘‘by’’ and inserting ‘‘and the se19 curity of election infrastructure by’’. 

20 (b) MEMBERSHIP OF SECRETARY OF HOMELAND SE21 CURITY ON BOARD OF ADVISORS OF ELECTION ASSISTVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00299 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 ANCE COMMISSION.—Section 214(a) of such Act (52 

2 U.S.C. 20944(a)) is amended— 

3 (1) by striking ‘‘37 members’’ and inserting 

4 ‘‘38 members’’; and 

5 (2) by adding at the end the following new 

6 paragraph: 

7 ‘‘(17) The Secretary of Homeland Security or 

8 the Secretary’s designee.’’. 

9 (c) REPRESENTATIVE OF DEPARTMENT OF HOME10 LAND SECURITY ON TECHNICAL GUIDELINES DEVELOP11 MENT COMMITTEE.—Section 221(c)(1) of such Act (52 

12 U.S.C. 20961(c)(1)) is amended— 

13 (1) in the matter preceding subparagraph (A), 

14 by striking ‘‘14’’ and inserting ‘‘15’’; 

15 (2) by redesignating subparagraph (E) as sub16 paragraph (F); and 

17 (3) by inserting after subparagraph (D) the fol18 lowing new subparagraph: 

19 ‘‘(E) A representative of the Department 

20 of Homeland Security.’’. 

21 (d) GOALS OF PERIODIC STUDIES OF ELECTION AD22 MINISTRATION ISSUES; CONSULTATION WITH SECRETARY

23 OF HOMELAND SECURITY.—Section 241(a) of such Act 

24 (52 U.S.C. 20981(a)) is amended— 


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1 (1) in the matter preceding paragraph (1), by 

2 striking ‘‘the Commission shall’’ and inserting ‘‘the 

3 Commission, in consultation with the Secretary of 

4 Homeland Security (as appropriate), shall’’; 

5 (2) by striking ‘‘and’’ at the end of paragraph 

6 (3); 

7 (3) by redesignating paragraph (4) as para8 graph (5); and 

9 (4) by inserting after paragraph (3) the fol10 lowing new paragraph: 

11 ‘‘(4) will be secure against attempts to under12 mine the integrity of election systems by cyber or 

13 other means; and’’. 

14 (e) REQUIREMENTS PAYMENTS.— 

15 (1) USE OF PAYMENTS FOR VOTING SYSTEM

16 SECURITY IMPROVEMENTS.—Section 251(b) of such 

17 Act (52 U.S.C. 21001(b)), as amended by section 

18 1061(a)(2), is further amended by adding at the end 

19 the following new paragraph: 

20 ‘‘(5) PERMITTING USE OF PAYMENTS FOR VOT21 ING SYSTEM SECURITY IMPROVEMENTS.—A State 

22 may use a requirements payment to carry out any 

23 of the following activities: 

24 ‘‘(A) Cyber and risk mitigation training. 


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1 ‘‘(B) Providing increased technical support 

2 for any information technology infrastructure 

3 that the chief State election official deems to be 

4 part of the State’s election infrastructure or 

5 designates as critical to the operation of the 

6 State’s election infrastructure. 

7 ‘‘(C) Enhancing the cybersecurity and op8 erations of the information technology infra9 structure described in subparagraph (B). 

10 ‘‘(D) Enhancing the security of voter reg11 istration databases.’’. 

12 (2) INCORPORATION OF ELECTION INFRA13 STRUCTURE PROTECTION IN STATE PLANS FOR USE

14 OF PAYMENTS.—Section 254(a)(1) of such Act (52 

15 U.S.C. 21004(a)(1)) is amended by striking the pe16 riod at the end and inserting ‘‘, including the protec17 tion of election infrastructure.’’. 

18 (3) COMPOSITION OF COMMITTEE RESPONSIBLE

19 FOR DEVELOPING STATE PLAN FOR USE OF PAY20 MENTS.—Section 255 of such Act (52 U.S.C. 

21 21005) is amended— 

22 (A) by redesignating subsection (b) as sub23 section (c); and 

24 (B) by inserting after subsection (a) the 

25 following new subsection: 


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1 ‘‘(b) GEOGRAPHIC REPRESENTATION.—The mem2 bers of the committee shall be a representative group of 

3 individuals from the State’s counties, cities, towns, and 

4 Indian tribes, and shall represent the needs of rural as 

5 well as urban areas of the State, as the case may be.’’. 

6 (f) ENSURING PROTECTION OF COMPUTERIZED

7 STATEWIDE VOTER REGISTRATION LIST.—Section 

8 303(a)(3) of such Act (52 U.S.C. 21083(a)(3)) is amend9 ed by striking the period at the end and inserting ‘‘, as 

10 well as other measures to prevent and deter cybersecurity 

11 incidents, as identified by the Commission, the Secretary 

12 of Homeland Security, and the Technical Guidelines De13 velopment Committee.’’. 

14 SEC. 3003. INCORPORATION OF DEFINITIONS. 

15 (a) IN GENERAL.—Section 901 of the Help America 

16 Vote Act of 2002 (52 U.S.C. 21141), as amended by sec17 tion 1921(b)(1), is amended to read as follows: 

18 ‘‘SEC. 901. DEFINITIONS. 

19 ‘‘In this Act, the following definitions apply: 

20 ‘‘(1) The term ‘cybersecurity incident’ has the 

21 meaning given the term ‘incident’ in section 227 of 

22 the Homeland Security Act of 2002 (6 U.S.C. 659). 

23 ‘‘(2) The term ‘election infrastructure’ has the 

24 meaning given such term in section 3601 of the 

25 Election Security Act. 


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1 ‘‘(3) The term ‘State’ means each of the several 

2 States, the District of Columbia, the Commonwealth 

3 of Puerto Rico, Guam, American Samoa, the United 

4 States Virgin Islands, and the Commonwealth of the 

5 Northern Mariana Islands.’’. 

6 (b) CLERICAL AMENDMENT.—The table of contents 

7 of such Act is amended by amending the item relating to 

8 section 901 to read as follows: 

‘‘Sec. 901. Definitions.’’. 

9 PART 2—GRANTS FOR RISK-LIMITING AUDITS OF 

10 RESULTS OF ELECTIONS 

11 SEC. 3011. GRANTS TO STATES FOR CONDUCTING RISK-LIM12 ITING AUDITS OF RESULTS OF ELECTIONS. 

13 (a) AVAILABILITY OF GRANTS.—Subtitle D of title 

14 II of the Help America Vote Act of 2002 (52 U.S.C. 

15 21001 et seq.), as amended by sections 1905(a) and 

16 3001(a), is amended by adding at the end the following 

17 new part: 

18 ‘‘PART 9—GRANTS FOR CONDUCTING RISK19 LIMITING AUDITS OF RESULTS OF ELECTIONS 

20 ‘‘SEC. 299. GRANTS FOR CONDUCTING RISK-LIMITING AU21 DITS OF RESULTS OF ELECTIONS. 

22 ‘‘(a) AVAILABILITY OF GRANTS.—The Commission 

23 shall make a grant to each eligible State to conduct risk24 limiting audits as described in subsection (b) with respect 

25 to the regularly scheduled general elections for Federal ofVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00304 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 fice held in November 2020 and each succeeding election 

2 for Federal office. 

3 ‘‘(b) RISK-LIMITING AUDITS DESCRIBED.—In this 

4 part, a ‘risk-limiting audit’ is a post-election process— 

5 ‘‘(1) which is conducted in accordance with 

6 rules and procedures established by the chief State 

7 election official of the State which meet the require8 ments of subsection (c); and 

9 ‘‘(2) under which, if the reported outcome of 

10 the election is incorrect, there is at least a predeter11 mined percentage chance that the audit will replace 

12 the incorrect outcome with the correct outcome as 

13 determined by a full, hand-to-eye tabulation of all 

14 votes validly cast in that election that ascertains 

15 voter intent manually and directly from voter16 verifiable paper records. 

17 ‘‘(c) REQUIREMENTS FOR RULES AND PROCE18 DURES.—The rules and procedures established for con19 ducting a risk-limiting audit shall include the following 

20 elements: 

21 ‘‘(1) Rules for ensuring the security of ballots 

22 and documenting that prescribed procedures were 

23 followed. 


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1 ‘‘(2) Rules and procedures for ensuring the ac2 curacy of ballot manifests produced by election agen3 cies. 

4 ‘‘(3) Rules and procedures for governing the 

5 format of ballot manifests, cast vote records, and 

6 other data involved in the audit. 

7 ‘‘(4) Methods to ensure that any cast vote 

8 records used in the audit are those used by the vot9 ing system to tally the election results sent to the 

10 chief State election official and made public. 

11 ‘‘(5) Procedures for the random selection of 

12 ballots to be inspected manually during each audit. 

13 ‘‘(6) Rules for the calculations and other meth14 ods to be used in the audit and to determine wheth15 er and when the audit of an election is complete. 

16 ‘‘(7) Procedures and requirements for testing 

17 any software used to conduct risk-limiting audits. 

18 ‘‘(d) DEFINITIONS.—In this part, the following defi19 nitions apply: 

20 ‘‘(1) The term ‘ballot manifest’ means a record 

21 maintained by each election agency that meets each 

22 of the following requirements: 

23 ‘‘(A) The record is created without reliance 

24 on any part of the voting system used to tab25 ulate votes. 


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1 ‘‘(B) The record functions as a sampling 

2 frame for conducting a risk-limiting audit. 

3 ‘‘(C) The record contains the following in4 formation with respect to the ballots cast and 

5 counted in the election: 

6 ‘‘(i) The total number of ballots cast 

7 and counted by the agency (including 

8 undervotes, overvotes, and other invalid 

9 votes). 

10 ‘‘(ii) The total number of ballots cast 

11 in each election administered by the agency 

12 (including undervotes, overvotes, and other 

13 invalid votes). 

14 ‘‘(iii) A precise description of the 

15 manner in which the ballots are physically 

16 stored, including the total number of phys17 ical groups of ballots, the numbering sys18 tem for each group, a unique label for each 

19 group, and the number of ballots in each 

20 such group. 

21 ‘‘(2) The term ‘incorrect outcome’ means an 

22 outcome that differs from the outcome that would be 

23 determined by a full tabulation of all votes validly 

24 cast in the election, determining voter intent manu25 ally, directly from voter-verifiable paper records. 


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1 ‘‘(3) The term ‘outcome’ means the winner of 

2 an election, whether a candidate or a position. 

3 ‘‘(4) The term ‘reported outcome’ means the 

4 outcome of an election which is determined accord5 ing to the canvass and which will become the official, 

6 certified outcome unless it is revised by an audit, re7 count, or other legal process. 

8 ‘‘SEC. 299A. ELIGIBILITY OF STATES. 

9 ‘‘A State is eligible to receive a grant under this part 

10 if the State submits to the Commission, at such time and 

11 in such form as the Commission may require, an applica12 tion containing— 

13 ‘‘(1) a certification that, not later than 5 years 

14 after receiving the grant, the State will conduct risk15 limiting audits of the results of elections for Federal 

16 office held in the State as described in section 299; 

17 ‘‘(2) a certification that, not later than one year 

18 after the date of the enactment of this section, the 

19 chief State election official of the State has estab20 lished or will establish the rules and procedures for 

21 conducting the audits which meet the requirements 

22 of section 299(c); 

23 ‘‘(3) a certification that the audit shall be com24 pleted not later than the date on which the State 

25 certifies the results of the election; 


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1 ‘‘(4) a certification that, after completing the 

2 audit, the State shall publish a report on the results 

3 of the audit, together with such information as nec4 essary to confirm that the audit was conducted prop5 erly; 

6 ‘‘(5) a certification that, if a risk-limiting audit 

7 conducted under this part leads to a full manual 

8 tally of an election, State law requires that the State 

9 or election agency shall use the results of the full 

10 manual tally as the official results of the election; 

11 and 

12 ‘‘(6) such other information and assurances as 

13 the Commission may require. 

14 ‘‘SEC. 299B. AUTHORIZATION OF APPROPRIATIONS. 

15 ‘‘There are authorized to be appropriated for grants 

16 under this part $20,000,000 for fiscal year 2019, to re17 main available until expended.’’. 

18 (b) CLERICAL AMENDMENT.—The table of contents 

19 of such Act, as amended by sections 1905(b) and 3001(b), 

20 is further amended by adding at the end of the items relat21 ing to subtitle D of title II the following: 

‘‘PART 9—GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS

OF ELECTIONS

‘‘Sec. 299. Grants for conducting risk-limiting audits of results of elections. 

‘‘Sec. 299A. Eligibility of States. 

‘‘Sec. 299B. Authorization of appropriations. 


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1 SEC. 3012. GAO ANALYSIS OF EFFECTS OF AUDITS. 

2 (a) ANALYSIS.—Not later than 6 months after the 

3 first election for Federal office is held after grants are 

4 first awarded to States for conducting risk-limiting audits 

5 under part 9 of subtitle D of title II of the Help America 

6 Vote Act of 2002 (as added by section 3011) for con7 ducting risk-limiting audits of elections for Federal office, 

8 the Comptroller General of the United States shall con9 duct an analysis of the extent to which such audits have 

10 improved the administration of such elections and the se11 curity of election infrastructure in the States receiving 

12 such grants. 

13 (b) REPORT.—The Comptroller General of the 

14 United States shall submit a report on the analysis con15 ducted under subsection (a) to the appropriate congres16 sional committees. 

17 PART 3—ELECTION INFRASTRUCTURE 

18 INNOVATION GRANT PROGRAM 

19 SEC. 3021. ELECTION INFRASTRUCTURE INNOVATION 

20 GRANT PROGRAM. 

21 (a) IN GENERAL.—Title III of the Homeland Secu22 rity Act of 2002 (6 U.S.C. 181 et seq.) is amended by 

23 adding at the end the following new section: 


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1 ‘‘SEC. 321. ELECTION INFRASTRUCTURE INNOVATION 

2 GRANT PROGRAM. 

3 ‘‘(a) ESTABLISHMENT.—The Secretary, acting 

4 through the Under Secretary for Science and Technology, 

5 in coordination with the Chairman of the Election Assist6 ance Commission (established pursuant to the Help Amer7 ica Vote Act of 2002) and in consultation with the Direc8 tor of the National Science Foundation and the Director 

9 of the National Institute of Standards and Technology, 

10 shall establish a competitive grant program to award 

11 grants to eligible entities, on a competitive basis, for pur12 poses of research and development that are determined to 

13 have the potential to significantly improve the security (in14 cluding cybersecurity), quality, reliability, accuracy, acces15 sibility, and affordability of election infrastructure, and in16 crease voter participation. 

17 ‘‘(b) REPORT TO CONGRESS.—Not later than 90 days 

18 after the conclusion of each fiscal year for which grants 

19 are awarded under this section, the Secretary shall submit 

20 to the Committee on Homeland Security and the Com21 mittee on House Administration of the House of Rep22 resentatives and the Committee on Homeland Security 

23 and Governmental Affairs and the Committee on Rules 

24 and Administration of the Senate a report describing such 

25 grants and analyzing the impact, if any, of such grants 


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1 on the security and operation of election infrastructure, 

2 and on voter participation. 

3 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Secretary 

5 $20,000,000 for each of fiscal years 2019 through 2027 

6 for purposes of carrying out this section. 

7 ‘‘(d) ELIGIBLE ENTITY DEFINED.—In this section, 

8 the term ‘eligible entity’ means— 

9 ‘‘(1) an institution of higher education (as de10 fined in section 101(a) of the Higher Education Act 

11 of 1965 (20 U.S.C. 1001(a)), including an institu12 tion of higher education that is a historically Black 

13 college or university (which has the meaning given 

14 the term ‘part B institution’ in section 322 of such 

15 Act (20 U.S.C. 1061)) or other minority-serving in16 stitution listed in section 371(a) of such Act (20 

17 U.S.C. 1067q(a)); 

18 ‘‘(2) an organization described in section 

19 501(c)(3) of the Internal Revenue Code of 1986 and 

20 exempt from tax under section 501(a) of such Code; 

21 or 

22 ‘‘(3) an organization, association, or a for-profit 

23 company, including a small business concern (as 

24 such term is defined under section 3 of the Small 

25 Business Act (15 U.S.C. 632)), including a small 


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1 business concern owned and controlled by socially 

2 and economically disadvantaged individuals as de3 fined under section 8(d)(3)(C) of the Small Business 

4 Act (15 U.S.C. 637(d)(3)(C)).’’. 

5 (b) DEFINITION.—Section 2 of the Homeland Secu6 rity Act of 2002 (6 U.S.C. 101) is amended— 

7 (1) by redesignating paragraphs (6) through 

8 (20) as paragraphs (7) through (21), respectively; 

9 and 

10 (2) by inserting after paragraph (5) the fol11 lowing: 

12 ‘‘(6) ELECTION INFRASTRUCTURE.—The term 

13 ‘election infrastructure’ means storage facilities, 

14 polling places, and centralized vote tabulation loca15 tions used to support the administration of elections 

16 for public office, as well as related information and 

17 communications technology, including voter registra18 tion databases, voting machines, electronic mail and 

19 other communications systems (including electronic 

20 mail and other systems of vendors who have entered 

21 into contracts with election agencies to support the 

22 administration of elections, manage the election 

23 process, and report and display election results), and 

24 other systems used to manage the election process 


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1 and to report and display election results on behalf 

2 of an election agency.’’. 

3 (c) CLERICAL AMENDMENT.—The table of contents 

4 in section 1(b) of the Homeland Security Act of 2002 

5 (Public Law 107–296; 116 Stat. 2135) is amended by in6 serting after the item relating to section 320 the following: 

‘‘Sec. 321. Election infrastructure innovation grant program.’’. 

7 Subtitle B—Security Measures 

8 SEC. 3101. ELECTION INFRASTRUCTURE DESIGNATION. 

9 Section 2001(3)(J) of the Homeland Security Act of 

10 2002 (6 U.S.C. 601(3)(J)) is amended by inserting ‘‘, in11 cluding election infrastructure’’ before the period at the 

12 end. 

13 SEC. 3102. TIMELY THREAT INFORMATION. 

14 Section 201(d) of the Homeland Security Act of 2002 

15 (6 U.S.C. 121(d)) is amended by adding at the end the 

16 following new paragraph: 

17 ‘‘(24) To provide timely threat information re18 garding election infrastructure to the chief State 

19 election official (as defined in section 3601 of the 

20 For the People Act of 2019) of the State with re21 spect to which such information pertains.’’. 

22 SEC. 3103. SECURITY CLEARANCE ASSISTANCE FOR ELEC23 TION OFFICIALS. 

24 In order to promote the timely sharing of information 

25 on threats to election infrastructure, the Secretary may— 


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1 (1) help expedite a security clearance for the 

2 chief State election official and other appropriate 

3 State personnel involved in the administration of 

4 elections, as designated by the chief State election 

5 official; 

6 (2) sponsor a security clearance for the chief 

7 State election official and other appropriate State 

8 personnel involved in the administration of elections, 

9 as designated by the chief State election official; and 

10 (3) facilitate the issuance of a temporary clear11 ance to the chief State election official and other ap12 propriate State personnel involved in the administra13 tion of elections, as designated by the chief State 

14 election official, if the Secretary determines classi15 fied information to be timely and relevant to the 

16 election infrastructure of the State at issue. 

17 SEC. 3104. SECURITY RISK AND VULNERABILITY ASSESS18 MENTS. 

19 (a) IN GENERAL.—Section 2209(c)(6) of the Home20 land Security Act of 2002 (6 U.S.C. 659(c)(6)) is amend21 ed by inserting ‘‘(including by carrying out a security risk 

22 and vulnerability assessment)’’ after ‘‘risk management 

23 support’’. 

24 (b) PRIORITIZATION TO ENHANCE ELECTION SECU25 RITY.— 


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1 (1) IN GENERAL.—Not later than 90 days after 

2 receiving a written request from a chief State elec3 tion official, the Secretary shall, to the extent prac4 ticable, commence a security risk and vulnerability 

5 assessment (pursuant to section 2209(c)(6) of the 

6 Homeland Security Act of 2002, as amended by sub7 section (a)) on election infrastructure in the State at 

8 issue. 

9 (2) NOTIFICATION.—If the Secretary, upon re10 ceipt of a request described in paragraph (1), deter11 mines that a security risk and vulnerability assess12 ment cannot be commenced within 90 days, the Sec13 retary shall expeditiously notify the chief State elec14 tion official who submitted such request. 

15 SEC. 3105. ANNUAL REPORTS. 

16 (a) REPORTS ON ASSISTANCE AND ASSESSMENTS.— 

17 Not later than 1 year after the date of enactment of this 

18 Act and annually thereafter through 2026, the Secretary 

19 shall submit to the appropriate congressional commit20 tees— 

21 (1) efforts to carry out section 3103 during the 

22 prior year, including specific information on which 

23 States were helped, how many officials have been 

24 helped in each State, how many security clearances 

25 have been sponsored in each State, and how many 


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1 temporary clearances have been issued in each State; 

2 and 

3 (2) efforts to carry out section 3104 during the 

4 prior year, including specific information on which 

5 States were helped, the dates on which the Secretary 

6 received a request for a security risk and vulner7 ability assessment pursuant to such section, the 

8 dates on which the Secretary commenced each such 

9 request, and the dates on which the Secretary trans10 mitted a notification in accordance with subsection 

11 (b)(2) of such section. 

12 (b) REPORTS ON FOREIGN THREATS.—Beginning 

13 with fiscal year 2019, not later than 90 days after the 

14 end of each fiscal year, the Secretary and the Director 

15 of National Intelligence, in coordination with the heads of 

16 appropriate offices of the Federal Government, shall sub17 mit a joint report to the appropriate congressional com18 mittees on foreign threats to elections in the United 

19 States, including physical and cybersecurity threats. 

20 (c) INFORMATION FROM STATES.—For purposes of 

21 preparing the reports required under this section, the Sec22 retary shall solicit and consider information and comments 

23 from States and election agencies, except that the provi24 sion of such information and comments by a State or elecVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00317 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 tion agency shall be voluntary and at the discretion of the 

2 State or agency. 

3 SEC. 3106. PRE-ELECTION THREAT ASSESSMENTS. 

4 (a) SUBMISSION OF ASSESSMENT BY DNI.—Not 

5 later than 180 days before the date of each regularly 

6 scheduled general election for Federal office, the Director 

7 of National Intelligence shall submit an assessment of the 

8 full scope of threats to election infrastructure, including 

9 cybersecurity threats posed by state actors and terrorist 

10 groups, and recommendations to address or mitigate the 

11 threats, as developed by the Secretary and Chairman, to— 

12 (1) the chief State election official of each 

13 State; 

14 (2) the Committees on Homeland Security and 

15 House Administration of the House of Representa16 tives and the Committees on Homeland Security and 

17 Governmental Affairs and Rules and Administration 

18 of the Senate; and 

19 (3) any other appropriate congressional com20 mittees. 

21 (b) UPDATES TO INITIAL ASSESSMENTS.—If, at any 

22 time after submitting an assessment with respect to an 

23 election under subsection (a), the Director of National In24 telligence determines that the assessment should be up25 dated to reflect new information regarding the threats inVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00318 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 volved, the Director shall submit a revised assessment 

2 under such subsection. 

3 (c) DEFINITIONS.—In this section, the following defi4 nitions apply: 

5 (1) CHAIRMAN.—The term ‘‘Chairman’’ means 

6 the chair of the Election Assistance Commission. 

7 (2) CHIEF STATE ELECTION OFFICIAL.—The 

8 term ‘‘chief State election official’’ means, with re9 spect to a State, the individual designated by the 

10 State under section 10 of the National Voter Reg11 istration Act of 1993 (52 U.S.C. 20509) to be re12 sponsible for coordination of the State’s responsibil13 ities under such Act. 

14 (3) ELECTION INFRASTRUCTURE.—The term 

15 ‘‘election infrastructure’’ means storage facilities, 

16 polling places, and centralized vote tabulation loca17 tions used to support the administration of elections 

18 for public office, as well as related information and 

19 communications technology, including voter registra20 tion databases, voting machines, electronic mail and 

21 other communications systems (including electronic 

22 mail and other systems of vendors who have entered 

23 into contracts with election agencies to support the 

24 administration of elections, manage the election 

25 process, and report and display election results), and 


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1 other systems used to manage the election process 

2 and to report and display election results on behalf 

3 of an election agency. 

4 (4) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Homeland Security. 

6 (5) STATE.—The term ‘‘State’’ has the mean7 ing given such term in section 901 of the Help 

8 America Vote Act of 2002 (52 U.S.C. 21141). 

9 (d) EFFECTIVE DATE.—This Act shall apply with re10 spect to the regularly scheduled general election for Fed11 eral office held in November 2020 and each succeeding 

12 regularly scheduled general election for Federal office. 

13 Subtitle C—Enhancing Protections 

14 for United States Democratic In15 stitutions 

16 SEC. 3201. NATIONAL STRATEGY TO PROTECT UNITED 

17 STATES DEMOCRATIC INSTITUTIONS. 

18 (a) IN GENERAL.—Not later than 1 year after the 

19 date of enactment of this Act, the President, acting 

20 through the Secretary, in consultation with the Chairman, 

21 the Secretary of Defense, the Secretary of State, the At22 torney General, the Secretary of Education, the Director 

23 of National Intelligence, the Chairman, and the heads of 

24 any other appropriate Federal agencies, shall issue a na25 tional strategy to protect against cyber attacks, influence 


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1 operations, disinformation campaigns, and other activities 

2 that could undermine the security and integrity of United 

3 States democratic institutions. 

4 (b) CONSIDERATIONS.—The national strategy re5 quired under subsection (a) shall include consideration of 

6 the following: 

7 (1) The threat of a foreign state actor, foreign 

8 terrorist organization (as designated pursuant to 

9 section 219 of the Immigration and Nationality Act 

10 (8 U.S.C. 1189)), or a domestic actor carrying out 

11 a cyber attack, influence operation, disinformation 

12 campaign, or other activity aimed at undermining 

13 the security and integrity of United States demo14 cratic institutions. 

15 (2) The extent to which United States demo16 cratic institutions are vulnerable to a cyber attack, 

17 influence operation, disinformation campaign, or 

18 other activity aimed at undermining the security and 

19 integrity of such democratic institutions. 

20 (3) Potential consequences, such as an erosion 

21 of public trust or an undermining of the rule of law, 

22 that could result from a successful cyber attack, in23 fluence operation, disinformation campaign, or other 

24 activity aimed at undermining the security and in25 tegrity of United States democratic institutions. 


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1 (4) Lessons learned from other Western govern2 ments the institutions of which were subject to a 

3 cyber attack, influence operation, disinformation 

4 campaign, or other activity aimed at undermining 

5 the security and integrity of such institutions, as 

6 well as actions that could be taken by the United 

7 States Government to bolster collaboration with for8 eign partners to detect, deter, prevent, and counter 

9 such activities. 

10 (5) Potential impacts such as an erosion of 

11 public trust in democratic institutions as could be 

12 associated with a successful cyber breach or other 

13 activity negatively affecting election infrastructure. 

14 (6) Roles and responsibilities of the Secretary, 

15 the Chairman, and the heads of other Federal enti16 ties and non-Federal entities, including chief State 

17 election officials and representatives of multi-state 

18 information sharing and analysis center. 

19 (7) Any findings, conclusions, and recommenda20 tions to strengthen protections for United States 

21 democratic institutions that have been agreed to by 

22 a majority of Commission members on the National 

23 Commission to Protect United States Democratic 

24 Institutions, authorized pursuant to section 3202. 


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1 (c) IMPLEMENTATION PLAN.—Not later than 90 

2 days after date on which the national strategy required 

3 under subsection (a) is issued, the President, acting 

4 through the Secretary, in coordination with the Chairman, 

5 shall issue an implementation plan for Federal efforts to 

6 implement such strategy that includes the following: 

7 (1) Strategic objectives and corresponding 

8 tasks. 

9 (2) Projected timelines and costs for the tasks 

10 referred to in paragraph (1). 

11 (3) Metrics to evaluate performance of such 

12 tasks. 

13 (d) CLASSIFICATION.—The national strategy re14 quired under subsection (a) shall be in unclassified form. 

15 (e) CIVIL RIGHTS REVIEW.—Not later than 60 days 

16 after the date on which the national strategy required 

17 under subsection (a) is issued, and not later than 60 days 

18 after the date on which the implementation plan required 

19 under subsection (c) is issued, the Privacy and Civil Lib20 erties Oversight Board (established under section 1061 of 

21 the Intelligence Reform and Terrorism Prevention Act of 

22 2004 (42 U.S.C. 2000ee)) shall submit a report to Con23 gress on any potential privacy and civil liberties impacts 

24 of such strategy and implementation plan, respectively. 


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1 SEC. 3202. NATIONAL COMMISSION TO PROTECT UNITED 

2 STATES DEMOCRATIC INSTITUTIONS. 

3 (a) ESTABLISHMENT.—There is established within 

4 the legislative branch the National Commission To Protect 

5 United States Democratic Institutions (hereafter in this 

6 section referred to as the ‘‘Commission’’). 

7 (b) PURPOSE.—The purpose of the Commission is to 

8 counter efforts to undermine democratic institutions with9 in the United States. 

10 (c) COMPOSITION.— 

11 (1) MEMBERSHIP.—The Commission shall be 

12 composed of 10 members appointed for the life of 

13 the Commission as follows: 

14 (A) One member shall be appointed by the 

15 Secretary. 

16 (B) One member shall be appointed by the 

17 Chairman. 

18 (C) Two members shall be appointed by 

19 the majority leader of the Senate, in consulta20 tion with the Chairman of the Committee on 

21 Homeland Security and Governmental Affairs 

22 of the Senate, the Chairman of the Committee 

23 on the Judiciary of the Senate, and the Chair24 man of the Committee on Rules and Adminis25 tration of the Senate. 


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1 (D) Two members shall be appointed by 

2 the minority leader of the Senate, in consulta3 tion with the ranking minority member of the 

4 Committee on Homeland Security and Govern5 mental Affairs of the Senate, the ranking mi6 nority member of the Committee on the Judici7 ary of the Senate, and the ranking minority 

8 member of the Committee on Rules and Admin9 istration of the Senate. 

10 (E) Two members shall be appointed by 

11 the Speaker of the House of Representatives, in 

12 consultation with the Chairman of the Com13 mittee on Homeland Security of the House of 

14 Representatives, the Chairman of the Com15 mittee on House Administration of the House 

16 of Representatives, and the Chairman of the 

17 Committee on the Judiciary of the House of 

18 Representatives. 

19 (F) Two members shall be appointed by 

20 the minority leader of the House of Representa21 tives, in consultation with the ranking minority 

22 member of the Committee on Homeland Secu23 rity of the House of Representatives, the rank24 ing minority member of the Committee on the 

25 Judiciary of the House of Representatives, and 


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1 the ranking minority member of the Committee 

2 on House Administration of the House of Rep3 resentatives. 

4 (2) QUALIFICATIONS.—Individuals shall be se5 lected for appointment to the Commission solely on 

6 the basis of their professional qualifications, achieve7 ments, public stature, experience, and expertise in 

8 relevant fields, including, but not limited to cyberse9 curity, national security, and the Constitution of the 

10 United States. 

11 (3) NO COMPENSATION FOR SERVICE.—Mem12 bers shall not receive compensation for service on 

13 the Commission, but shall receive travel expenses, 

14 including per diem in lieu of subsistence, in accord15 ance with chapter 57 of title 5, United States Code. 

16 (4) DEADLINE FOR APPOINTMENT.—All mem17 bers of the Commission shall be appointed not later 

18 than 60 days after the date of enactment of this 

19 Act. 

20 (5) VACANCIES.—A vacancy on the Commission 

21 shall not affect its powers and shall be filled in the 

22 manner in which the original appointment was 

23 made. The appointment of the replacement member 

24 shall be made not later than 60 days after the date 

25 on which the vacancy occurs. 


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1 (d) CHAIR AND VICE CHAIR.—The Commission shall 

2 elect a Chair and Vice Chair from among its members. 

3 (e) QUORUM AND MEETINGS.— 

4 (1) QUORUM.—The Commission shall meet and 

5 begin the operations of the Commission not later 

6 than 30 days after the date on which all members 

7 have been appointed or, if such meeting cannot be 

8 mutually agreed upon, on a date designated by the 

9 Speaker of the House of Representatives and the 

10 President pro Tempore of the Senate. Each subse11 quent meeting shall occur upon the call of the Chair 

12 or a majority of its members. A majority of the 

13 members of the Commission shall constitute a 

14 quorum, but a lesser number may hold meetings. 

15 (2) AUTHORITY OF INDIVIDUALS TO ACT FOR

16 COMMISSION.—Any member of the Commission may, 

17 if authorized by the Commission, take any action 

18 that the Commission is authorized to take under this 

19 section. 

20 (f) POWERS.— 

21 (1) HEARINGS AND EVIDENCE.—The Commis22 sion (or, on the authority of the Commission, any 

23 subcommittee or member thereof) may, for the pur24 pose of carrying out this section, hold hearings and 

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1 mony, receive such evidence, and administer such 

2 oaths as the Commission considers advisable to 

3 carry out its duties. 

4 (2) CONTRACTING.—The Commission may, to 

5 such extent and in such amounts as are provided in 

6 appropriation Acts, enter into contracts to enable 

7 the Commission to discharge its duties under this 

8 section. 

9 (g) ASSISTANCE FROM FEDERAL AGENCIES.— 

10 (1) GENERAL SERVICES ADMINISTRATION.— 

11 The Administrator of General Services shall provide 

12 to the Commission on a reimbursable basis adminis13 trative support and other services for the perform14 ance of the Commission’s functions. 

15 (2) OTHER DEPARTMENTS AND AGENCIES.—In 

16 addition to the assistance provided under paragraph 

17 (1), the Department of Homeland Security, the 

18 Election Assistance Commission, and other appro19 priate departments and agencies of the United 

20 States shall provide to the Commission such serv21 ices, funds, facilities, and staff as they may deter22 mine advisable and as may be authorized by law. 

23 (h) PUBLIC MEETINGS.—Any public meetings of the 

24 Commission shall be conducted in a manner consistent 

25 with the protection of information provided to or developed 


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1 for or by the Commission as required by any applicable 

2 statute, regulation, or Executive order. 

3 (i) SECURITY CLEARANCES.— 

4 (1) IN GENERAL.—The heads of appropriate 

5 departments and agencies of the executive branch 

6 shall cooperate with the Commission to expeditiously 

7 provide Commission members and staff with appro8 priate security clearances to the extent possible 

9 under applicable procedures and requirements. 

10 (2) PREFERENCES.—In appointing staff, ob11 taining detailees, and entering into contracts for the 

12 provision of services for the Commission, the Com13 mission shall give preference to individuals otherwise 

14 who have active security clearances. 

15 (j) REPORTS.— 

16 (1) INTERIM REPORTS.—At any time prior to 

17 the submission of the final report under paragraph 

18 (2), the Commission may submit interim reports to 

19 the President and Congress such findings, conclu20 sions, and recommendations to strengthen protec21 tions for democratic institutions in the United 

22 States as have been agreed to by a majority of the 

23 members of the Commission. 

24 (2) FINAL REPORT.—Not later than 18 months 

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1 sion, the Commission shall submit to the President 

2 and Congress a final report containing such find3 ings, conclusions, and recommendations to strength4 en protections for democratic institutions in the 

5 United States as have been agreed to by a majority 

6 of the members of the Commission. 

7 (k) TERMINATION.— 

8 (1) IN GENERAL.—The Commission shall termi9 nate upon the expiration of the 60-day period which 

10 begins on the date on which the Commission submits 

11 the final report required under subsection (j)(2). 

12 (2) ADMINISTRATIVE ACTIVITIES PRIOR TO

13 TERMINATION.—During the 60-day period described 

14 in paragraph (2), the Commission may carry out 

15 such administrative activities as may be required to 

16 conclude its work, including providing testimony to 

17 committees of Congress concerning the final report 

18 and disseminating the final report. 


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1 Subtitle D—Promoting Cybersecu2 rity Through Improvements in 

3 Election Administration 

4 SEC. 3301. TESTING OF EXISTING VOTING SYSTEMS TO EN5 SURE COMPLIANCE WITH ELECTION CYBER6 SECURITY GUIDELINES AND OTHER GUIDE7 LINES. 

8 (a) REQUIRING TESTING OF EXISTING VOTING SYS9 TEMS.— 

10 (1) IN GENERAL.—Section 231(a) of the Help 

11 America Vote Act of 2002 (52 U.S.C. 20971(a)) is 

12 amended by adding at the end the following new 

13 paragraph: 

14 ‘‘(3) TESTING TO ENSURE COMPLIANCE WITH

15 GUIDELINES.— 

16 ‘‘(A) TESTING.—Not later than 9 months 

17 before the date of each regularly scheduled gen18 eral election for Federal office, the Commission 

19 shall provide for the testing by accredited lab20 oratories under this section of the voting system 

21 hardware and software which was certified for 

22 use in the most recent such election, on the 

23 basis of the most recent voting system guide24 lines applicable to such hardware or software 


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1 (including election cybersecurity guidelines) 

2 issued under this Act. 

3 ‘‘(B) DECERTIFICATION OF HARDWARE OR

4 SOFTWARE FAILING TO MEET GUIDELINES.—If, 

5 on the basis of the testing described in subpara6 graph (A), the Commission determines that any 

7 voting system hardware or software does not 

8 meet the most recent guidelines applicable to 

9 such hardware or software issued under this 

10 Act, the Commission shall decertify such hard11 ware or software.’’. 

12 (2) EFFECTIVE DATE.—The amendment made 

13 by paragraph (1) shall apply with respect to the reg14 ularly scheduled general election for Federal office 

15 held in November 2020 and each succeeding regu16 larly scheduled general election for Federal office. 

17 (b) ISSUANCE OF CYBERSECURITY GUIDELINES BY

18 TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE.— 

19 Section 221(b) of the Help America Vote Act of 2002 (52 

20 U.S.C. 20961(b)) is amended by adding at the end the 

21 following new paragraph: 

22 ‘‘(3) ELECTION CYBERSECURITY GUIDE23 LINES.—Not later than 6 months after the date of 

24 the enactment of this paragraph, the Development 

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1 lines, including standards and best practices for pro2 curing, maintaining, testing, operating, and updat3 ing election systems to prevent and deter cybersecu4 rity incidents.’’. 

5 SEC. 3302. TREATMENT OF ELECTRONIC POLL BOOKS AS 

6 PART OF VOTING SYSTEMS. 

7 (a) INCLUSION IN DEFINITION OF VOTING SYS8 TEM.—Section 301(b) of the Help America Vote Act of 

9 2002 (52 U.S.C. 21081(b)) is amended— 

10 (1) in the matter preceding paragraph (1), by 

11 striking ‘‘this section’’ and inserting ‘‘this Act’’; 

12 (2) by striking ‘‘and’’ at the end of paragraph 

13 (1); 

14 (3) by redesignating paragraph (2) as para15 graph (3); and 

16 (4) by inserting after paragraph (1) the fol17 lowing new paragraph: 

18 ‘‘(2) any electronic poll book used with respect 

19 to the election; and’’. 

20 (b) DEFINITION.—Section 301 of such Act (52 

21 U.S.C. 21081), as amended by section 1508, is amend22 ed— 

23 (1) by redesignating subsections (c) and (d) as 

24 subsections (d) and (e); and 


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1 (2) by inserting after subsection (b) the fol2 lowing new subsection: 

3 ‘‘(c) ELECTRONIC POLL BOOK DEFINED.—In this 

4 Act, the term ‘electronic poll book’ means the total com5 bination of mechanical, electromechanical, or electronic 

6 equipment (including the software, firmware, and docu7 mentation required to program, control, and support the 

8 equipment) that is used— 

9 ‘‘(1) to retain the list of registered voters at a 

10 polling location, or vote center, or other location at 

11 which voters cast votes in an election for Federal of12 fice; and 

13 ‘‘(2) to identify registered voters who are eligi14 ble to vote in an election.’’. 

15 (c) EFFECTIVE DATE.—Section 301(e)(1) of such 

16 Act (52 U.S.C. 21081(e)), as redesignated by subsection 

17 (b), is amended by striking the period at the end and in18 serting the following: ‘‘, or, with respect to any require19 ments relating to electronic poll books, on and after Janu20 ary 1, 2020.’’. 

21 SEC. 3303. PRE-ELECTION REPORTS ON VOTING SYSTEM 

22 USAGE. 

23 (a) REQUIRING STATES TO SUBMIT REPORTS.—Title 

24 III of the Help America Vote Act of 2002 (52 U.S.C. 


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1 21081 et seq.) is amended by inserting after section 301 

2 the following new section: 

3 ‘‘SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM 

4 USAGE. 

5 ‘‘(a) REQUIRING STATES TO SUBMIT REPORTS.— 

6 Not later than 120 days before the date of each regularly 

7 scheduled general election for Federal office, the chief 

8 State election official of a State shall submit a report to 

9 the Commission containing a detailed voting system usage 

10 plan for each jurisdiction in the State which will admin11 ister the election, including a detailed plan for the usage 

12 of electronic poll books and other equipment and compo13 nents of such system. 

14 ‘‘(b) EFFECTIVE DATE.—Subsection (a) shall apply 

15 with respect to the regularly scheduled general election for 

16 Federal office held in November 2020 and each succeeding 

17 regularly scheduled general election for Federal office.’’. 

18 (b) CLERICAL AMENDMENT.—The table of contents 

19 of such Act is amended by inserting after the item relating 

20 to section 301 the following new item: 

‘‘Sec. 301A. Pre-election reports on voting system usage.’’. 

21 SEC. 3304. STREAMLINING COLLECTION OF ELECTION IN22 FORMATION. 

23 Section 202 of the Help America Vote Act of 2002 

24 (52 U.S.C. 20922) is amended— 


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1 (1) by striking ‘‘The Commission’’ and insert2 ing ‘‘(a) IN GENERAL.—The Commission’’; and 

3 (2) by adding at the end the following new sub4 section: 

5 ‘‘(b) WAIVER OF CERTAIN REQUIREMENTS.—Sub6 chapter I of chapter 35 of title 44, United States Code, 

7 shall not apply to the collection of information for pur8 poses of maintaining the clearinghouse described in para9 graph (1) of subsection (a).’’. 

10 Subtitle E—Preventing Election 

11 Hacking 

12 SEC. 3401. SHORT TITLE. 

13 This subtitle may be cited as the ‘‘Prevent Election 

14 Hacking Act of 2019’’. 

15 SEC. 3402. ELECTION SECURITY BUG BOUNTY PROGRAM. 

16 (a) ESTABLISHMENT.—Not later than 1 year after 

17 the date of enactment of this Act, the Secretary shall es18 tablish a program to be known as the ‘‘Election Security 

19 Bug Bounty Program’’ (hereafter in this subtitle referred 

20 to as the ‘‘Program’’) to improve the cybersecurity of the 

21 systems used to administer elections for Federal office by 

22 facilitating and encouraging assessments by independent 

23 technical experts, in cooperation with State and local elec24 tion officials and election service providers, to identify and 

25 report election cybersecurity vulnerabilities. 


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1 (b) VOLUNTARY PARTICIPATION BY ELECTION OFFI2 CIALS AND ELECTION SERVICE PROVIDERS.— 

3 (1) NO REQUIREMENT TO PARTICIPATE IN PRO4 GRAM.—Participation in the Program shall be en5 tirely voluntary for State and local election officials 

6 and election service providers. 

7 (2) ENCOURAGING PARTICIPATION AND INPUT

8 FROM ELECTION OFFICIALS.—In developing the Pro9 gram, the Secretary shall solicit input from, and en10 courage participation by, State and local election of11 ficials. 

12 (c) ACTIVITIES FUNDED.—In establishing and car13 rying out the Program, the Secretary shall— 

14 (1) establish a process for State and local elec15 tion officials and election service providers to volun16 tarily participate in the Program; 

17 (2) designate appropriate information systems 

18 to be included in the Program; 

19 (3) provide compensation to eligible individuals, 

20 organizations, and companies for reports of pre21 viously unidentified security vulnerabilities within 

22 the information systems designated under subpara23 graph (A) and establish criteria for individuals, or24 ganizations, and companies to be considered eligible 


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1 for such compensation in compliance with Federal 

2 laws; 

3 (4) consult with the Attorney General on how 

4 to ensure that approved individuals, organizations, 

5 or companies that comply with the requirements of 

6 the Program are protected from prosecution under 

7 section 1030 of title 18, United States Code, and 

8 similar provisions of law, and from liability under 

9 civil actions for specific activities authorized under 

10 the Program; 

11 (5) consult with the Secretary of Defense and 

12 the heads of other departments and agencies that 

13 have implemented programs to provide compensation 

14 for reports of previously undisclosed vulnerabilities 

15 in information systems, regarding lessons that may 

16 be applied from such programs; 

17 (6) develop an expeditious process by which an 

18 individual, organization, or company can register 

19 with the Department, submit to a background check 

20 as determined by the Department, and receive a de21 termination as to eligibility for participation in the 

22 Program; and 

23 (7) engage qualified interested persons, includ24 ing representatives of private entities, about the 

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1 ticable, establish a recurring competition for inde2 pendent technical experts to assess election systems 

3 for the purpose of identifying and reporting election 

4 cybersecurity vulnerabilities. 

5 (d) USE OF SERVICE PROVIDERS.—The Secretary 

6 may award competitive contracts as necessary to manage 

7 the Program. 

8 SEC. 3403. DEFINITIONS. 

9 In this subtitle, the following definitions apply: 

10 (1) ELECTION; FEDERAL OFFICE.—The terms 

11 ‘‘election’’ and ‘‘Federal office’’ have the meanings 

12 given such terms in section 301 of the Federal Elec13 tion Campaign Act of 1971 (52 U.S.C. 30101). 

14 (2) ELECTION CYBERSECURITY VULNER15 ABILITY.—The term ‘‘election cybersecurity vulner16 ability’’ means any security vulnerability (as defined 

17 in section 102 of the Cybersecurity Information 

18 Sharing Act of 2015 (6 U.S.C. 1501)) that affects 

19 an election system. 

20 (3) ELECTION SERVICE PROVIDER.—The term 

21 ‘‘election service provider’’ means any person pro22 viding, supporting, or maintaining an election sys23 tem on behalf of a State or local election official, 

24 such as a contractor or vendor. 


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1 (4) ELECTION SYSTEM.—The term ‘‘election 

2 system’’ means any information system (as defined 

3 in section 3502 of title 44, United States Code) that 

4 is part of an election infrastructure. 

5 (5) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Homeland Security, or, upon des7 ignation by the Secretary of Homeland Security, the 

8 Deputy Secretary of Homeland Security, the Direc9 tor of Cybersecurity and Infrastructure Security of 

10 the Department of Homeland Security, or a Senate11 confirmed official that reports to the Director. 

12 (6) STATE.—The term ‘‘State’’ means each of 

13 the several States, the District of Columbia, the 

14 Commonwealth of Puerto Rico, Guam, American 

15 Samoa, the Commonwealth of Northern Mariana Is16 lands, and the United States Virgin Islands. 

17 (7) VOTING SYSTEM.—The term ‘‘voting sys18 tem’’ has the meaning given such term in section 

19 301(b) of the Help America Vote Act of 2002 (52 

20 U.S.C. 21081(b)). 


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1 Subtitle F—Election Security 

2 Grants Advisory Committee 

3 SEC. 3501. ESTABLISHMENT OF ADVISORY COMMITTEE. 

4 (a) IN GENERAL.—Subtitle A of title II of the Help 

5 America Vote Act of 2002 (52 U.S.C. 20921 et seq.) is 

6 amended by adding at the end the following: 

7 ‘‘PART 4—ELECTION SECURITY GRANTS 

8 ADVISORY COMMITTEE 

9 ‘‘SEC. 225. ELECTION SECURITY GRANTS ADVISORY COM10 MITTEE. 

11 ‘‘(a) ESTABLISHMENT.—There is hereby established 

12 an advisory committee (hereinafter in this part referred 

13 to as the ‘Committee’) to assist the Commission with re14 spect to the award of grants to States under this Act for 

15 the purpose of election security. 

16 ‘‘(b) DUTIES.— 

17 ‘‘(1) IN GENERAL.—The Committee shall, with 

18 respect to an application for a grant received by the 

19 Commission— 

20 ‘‘(A) review such application; and 

21 ‘‘(B) recommend to the Commission 

22 whether to award the grant to the applicant. 

23 ‘‘(2) CONSIDERATIONS.—In reviewing an appli24 cation pursuant to paragraph (1)(A), the Committee 

25 shall consider— 


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1 ‘‘(A) the record of the applicant with re2 spect to— 

3 ‘‘(i) compliance of the applicant with 

4 the requirements under subtitle A of title 

5 III; and 

6 ‘‘(ii) adoption of voluntary guidelines 

7 issued by the Commission under subtitle B 

8 of title III; and 

9 ‘‘(B) the goals and requirements of elec10 tion security as described in title III of the For 

11 the People Act of 2019. 

12 ‘‘(c) MEMBERSHIP.—The Committee shall be com13 posed of 15 individuals appointed by the Executive Direc14 tor of the Commission with experience and expertise in 

15 election security. 

16 ‘‘(d) NO COMPENSATION FOR SERVICE.—Members of 

17 the Committee shall not receive any compensation for 

18 their service, but shall be paid travel expenses, including 

19 per diem in lieu of subsistence, at rates authorized for em20 ployees of agencies under subchapter I of chapter 57 of 

21 title 5, United States Code, while away from their homes 

22 or regular places of business in the performance of services 

23 for the Committee.’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect 1 year after the date of enact3 ment of this Act. 

4 Subtitle G—Miscellaneous 

5 Provisions 

6 SEC. 3601. DEFINITIONS. 

7 Except as provided in sections 3106 and 3403, in this 

8 title, the following definitions shall apply: 

9 (1) APPROPRIATE CONGRESSIONAL COMMIT10 TEES.—The term ‘‘appropriate congressional com11 mittees’’ means the Committees on Homeland Secu12 rity and House Administration of the House of Rep13 resentatives and the Committees on Homeland Secu14 rity and Governmental Affairs and Rules and Ad15 ministration of the Senate. 

16 (2) CHAIRMAN.—The term ‘‘Chairman’’ means 

17 the chair of the Election Assistance Commission. 

18 (3) CHIEF STATE ELECTION OFFICIAL.—The 

19 term ‘‘chief State election official’’ means, with re20 spect to a State, the individual designated by the 

21 State under section 10 of the National Voter Reg22 istration Act of 1993 (52 U.S.C. 20509) to be re23 sponsible for coordination of the State’s responsibil24 ities under such Act. 


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1 (4) COMMISSION.—The term ‘‘Commission’’ 

2 means the Election Assistance Commission. 

3 (5) DEMOCRATIC INSTITUTIONS.—The term 

4 ‘‘democratic institutions’’ means the diverse range of 

5 institutions that are essential to ensuring an inde6 pendent judiciary, free and fair elections, and rule of 

7 law. 

8 (6) ELECTION AGENCY.—The term ‘‘election 

9 agency’’ means any component of a State, or any 

10 component of a unit of local government in a State, 

11 which is responsible for the administration of elec12 tions for Federal office in the State. 

13 (7) ELECTION INFRASTRUCTURE.—The term 

14 ‘‘election infrastructure’’ means storage facilities, 

15 polling places, and centralized vote tabulation loca16 tions used to support the administration of elections 

17 for public office, as well as related information and 

18 communications technology, including voter registra19 tion databases, voting machines, electronic mail and 

20 other communications systems (including electronic 

21 mail and other systems of vendors who have entered 

22 into contracts with election agencies to support the 

23 administration of elections, manage the election 

24 process, and report and display election results), and 

25 other systems used to manage the election process 


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1 and to report and display election results on behalf 

2 of an election agency. 

3 (8) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Homeland Security. 

5 (9) STATE.—The term ‘‘State’’ has the mean6 ing given such term in section 901 of the Help 

7 America Vote Act of 2002 (52 U.S.C. 21141). 

8 SEC. 3602. INITIAL REPORT ON ADEQUACY OF RESOURCES 

9 AVAILABLE FOR IMPLEMENTATION. 

10 Not later than 120 days after the date of enactment 

11 of this Act, the Chairman and the Secretary shall submit 

12 a report to the appropriate committees of Congress ana13 lyzing the adequacy of the funding, resources, and per14 sonnel available to carry out this title and the amendments 

15 made by this title. 

16 Subtitle H—Use of Voting Machines 

17 Manufactured in the United States 

18 SEC. 3701. USE OF VOTING MACHINES MANUFACTURED IN 

19 THE UNITED STATES. 

20 Section 301(a) of the Help America Vote Act of 2002 

21 (52 U.S.C. 21081(a)), as amended by sections 1504, 

22 1505, and 1507, is amended by adding at the end the fol23 lowing new paragraph: 

24 ‘‘(10) VOTING MACHINE REQUIREMENTS.—By 

25 not later than the date of the regularly scheduled 


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1 general election for Federal office occurring in No2 vember 2022, each State shall seek to ensure that 

3 any voting machine used in such election and in any 

4 subsequent election for Federal office is manufac5 tured in the United States.’’. 

6 Subtitle I—Severability 

7 SEC. 3801. SEVERABILITY. 

8 If any provision of this title or amendment made by 

9 this title, or the application of a provision or amendment 

10 to any person or circumstance, is held to be unconstitu11 tional, the remainder of this title and amendments made 

12 by this title, and the application of the provisions and 

13 amendment to any person or circumstance, shall not be 

14 affected by the holding. 

15 DIVISION B—CAMPAIGN 

16 FINANCE 

17 TITLE IV—CAMPAIGN FINANCE 

18 TRANSPARENCY 

19 Subtitle A—Findings Relating to Il20 licit Money Undermining Our 

21 Democracy 

22 SEC. 4001. FINDINGS RELATING TO ILLICIT MONEY UNDER23 MINING OUR DEMOCRACY. 

24 Congress finds the following: 


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1 (1) Criminals, terrorists, and corrupt govern2 ment officials frequently abuse anonymously held 

3 Limited Liability Companies (LLCs), also known as 

4 ‘‘shell companies,’’ to hide, move, and launder the 

5 dirty money derived from illicit activities such as 

6 trafficking, bribery, exploitation, and embezzlement. 

7 Ownership and control of the finances that run 

8 through shell companies are obscured to regulators 

9 and law enforcement because little information is re10 quired and collected when establishing these entities. 

11 (2) The public release of the ‘‘Panama Papers’’ 

12 in 2016 and the ‘‘Paradise Papers’’ in 2017 revealed 

13 that these shell companies often purchase and sell 

14 United States real estate. United States anti-money 

15 laundering laws do not apply to cash transactions in16 volving real estate effectively concealing the bene17 ficiaries and transactions from regulators and law 

18 enforcement. 

19 (3) Congress should curb the use of anonymous 

20 shell companies for illicit purposes by requiring 

21 United States companies to disclose their beneficial 

22 owners, strengthening anti-money laundering and 

23 counter-terrorism finance laws. 

24 (4) Congress should examine the money laun25 dering and terrorist financing risks in the real estate 


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1 market, including the role of anonymous parties, and 

2 review legislation to address any vulnerabilities iden3 tified in this sector. 

4 (5) Congress should examine the methods by 

5 which corruption flourishes and the means to detect 

6 and deter the financial misconduct that fuels this 

7 driver of global instability. Congress should monitor 

8 government efforts to enforce United States anti9 corruption laws and regulations. 

10 Subtitle B—DISCLOSE Act 

11 SEC. 4100. SHORT TITLE. 

12 This subtitle may be cited as the ‘‘Democracy Is 

13 Strengthened by Casting Light On Spending in Elections 

14 Act of 2019’’ or the ‘‘DISCLOSE Act of 2019’’. 

15 PART 1—REGULATION OF CERTAIN POLITICAL 

16 SPENDING 

17 SEC. 4101. CLARIFICATION OF PROHIBITION ON PARTICI18 PATION BY FOREIGN NATIONALS IN ELEC19 TION-RELATED ACTIVITIES. 

20 (a) CLARIFICATION OF PROHIBITION.—Section 

21 319(a) of the Federal Election Campaign Act of 1971 (52 

22 U.S.C. 30121(a)) is amended— 

23 (1) by striking ‘‘or’’ at the end of paragraph 

24 (1); 


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1 (2) by striking the period at the end of para2 graph (2) and inserting ‘‘; or’’; and 

3 (3) by adding at the end the following new 

4 paragraph: 

5 ‘‘(3) a foreign national to direct, dictate, con6 trol, or directly or indirectly participate in the deci7 sion making process of any person (including a cor8 poration, labor organization, political committee, or 

9 political organization) with regard to such person’s 

10 Federal or non-Federal election-related activity, in11 cluding any decision concerning the making of con12 tributions, donations, expenditures, or disbursements 

13 in connection with an election for any Federal, 

14 State, or local office or any decision concerning the 

15 administration of a political committee.’’. 

16 (b) CERTIFICATION OF COMPLIANCE.—Section 319 

17 of such Act (52 U.S.C. 30121) is amended by adding at 

18 the end the following new subsection: 

19 ‘‘(c) CERTIFICATION OF COMPLIANCE REQUIRED

20 PRIOR TO CARRYING OUT ACTIVITY.—Prior to the mak21 ing in connection with an election for Federal office of any 

22 contribution, donation, expenditure, independent expendi23 ture, or disbursement for an electioneering communication 

24 by a corporation, limited liability corporation, or partner25 ship during a year, the chief executive officer of the corVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00349 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 poration, limited liability corporation, or partnership (or, 

2 if the corporation, limited liability corporation, or partner3 ship does not have a chief executive officer, the highest 

4 ranking official of the corporation, limited liability cor5 poration, or partnership), shall file a certification with the 

6 Commission, under penalty of perjury, that a foreign na7 tional did not direct, dictate, control, or directly or indi8 rectly participate in the decision making process relating 

9 to such activity in violation of subsection (a)(3), unless 

10 the chief executive officer has previously filed such a cer11 tification during that calendar year.’’. 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 this section shall take effect upon the expiration of the 

14 180-day period which begins on the date of the enactment 

15 of this Act, and shall take effect without regard to whether 

16 or not the Federal Election Commission has promulgated 

17 regulations to carry out such amendments. 

18 SEC. 4102. CLARIFICATION OF APPLICATION OF FOREIGN 

19 MONEY BAN TO CERTAIN DISBURSEMENTS 

20 AND ACTIVITIES. 

21 (a) APPLICATION TO DISBURSEMENTS TO SUPER

22 PACS.—Section 319(a)(1)(A) of the Federal Election 

23 Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is 

24 amended by striking the semicolon and inserting the fol25 lowing: ‘‘, including any disbursement to a political comVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00350 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 mittee which accepts donations or contributions that do 

2 not comply with the limitations, prohibitions, and report3 ing requirements of this Act (or any disbursement to or 

4 on behalf of any account of a political committee which 

5 is established for the purpose of accepting such donations 

6 or contributions);’’. 

7 (b) CONDITIONS UNDER WHICH CORPORATE PACS

8 MAY MAKE CONTRIBUTIONS AND EXPENDITURES.—Sec9 tion 316(b) of such Act (52 U.S.C. 30118(b)) is amended 

10 by adding at the end the following new paragraph: 

11 ‘‘(8) A separate segregated fund established by a cor12 poration may not make a contribution or expenditure dur13 ing a year unless the fund has certified to the Commission 

14 the following during the year: 

15 ‘‘(A) Each individual who manages the fund, 

16 and who is responsible for exercising decisionmaking 

17 authority for the fund, is a citizen of the United 

18 States or is lawfully admitted for permanent resi19 dence in the United States. 

20 ‘‘(B) No foreign national under section 319 

21 participates in any way in the decisionmaking proc22 esses of the fund with regard to contributions or ex23 penditures under this Act. 

24 ‘‘(C) The fund does not solicit or accept rec25 ommendations from any foreign national under secVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00351 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 tion 319 with respect to the contributions or expend2 itures made by the fund. 

3 ‘‘(D) Any member of the board of directors of 

4 the corporation who is a foreign national under sec5 tion 319 abstains from voting on matters concerning 

6 the fund or its activities.’’. 

7 SEC. 4103. AUDIT AND REPORT ON ILLICIT FOREIGN 

8 MONEY IN FEDERAL ELECTIONS. 

9 (a) IN GENERAL.—Title III of the Federal Election 

10 Campaign Act of 1971 (52 U.S.C. 30101 et seq.), as 

11 amended by section 1821, is further amended by inserting 

12 after section 319A the following new section: 

13 ‘‘SEC. 319B. AUDIT AND REPORT ON DISBURSEMENTS BY 

14 FOREIGN NATIONALS. 

15 ‘‘(a) AUDIT.— 

16 ‘‘(1) IN GENERAL.—The Commission shall con17 duct an audit after each Federal election cycle to de18 termine the incidence of illicit foreign money in such 

19 Federal election cycle. 

20 ‘‘(2) PROCEDURES.—In carrying out paragraph 

21 (1), the Commission shall conduct random audits of 

22 any disbursements required to be reported under 

23 this Act, in accordance with procedures established 

24 by the Commission. 


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1 ‘‘(b) REPORT.—Not later than 180 days after the end 

2 of each Federal election cycle, the Commission shall sub3 mit to Congress a report containing— 

4 ‘‘(1) results of the audit required by subsection 

5 (a)(1); and 

6 ‘‘(2) recommendations to address the presence 

7 of illicit foreign money in elections, as appropriate. 

8 ‘‘(c) DEFINITIONS.—As used in this section: 

9 ‘‘(1) The term ‘Federal election cycle’ means 

10 the period which begins on the day after the date of 

11 a regularly scheduled general election for Federal of12 fice and which ends on the date of the first regularly 

13 scheduled general election for Federal office held 

14 after such date. 

15 ‘‘(2) The term ‘illicit foreign money’ means any 

16 disbursement by a foreign national (as defined in 

17 section 319(b)) prohibited under such section.’’. 

18 (b) EFFECTIVE DATE.—The amendment made by 

19 subsection (a) shall apply with respect to the Federal elec20 tion cycle that began during November 2018, and each 

21 succeeding Federal election cycle. 


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1 SEC. 4104. PROHIBITION ON CONTRIBUTIONS AND DONA2 TIONS BY FOREIGN NATIONALS IN CONNEC3 TIONS WITH BALLOT INITIATIVES AND 

4 REFERENDA. 

5 (a) IN GENERAL.—Section 319(a)(1)(A) of the Fed6 eral Election Campaign Act of 1971 (52 U.S.C. 

7 30121(a)(1)(A)) is amended by striking ‘‘election;’’ and 

8 inserting the following: ‘‘election, including a State or local 

9 ballot initiative or referendum;’’. 

10 (b) EFFECTIVE DATE.—The amendment made by 

11 this section shall apply with respect to elections held in 

12 2020 or any succeeding year. 

13 SEC. 4105. DISBURSEMENTS AND ACTIVITIES SUBJECT TO 

14 FOREIGN MONEY BAN. 

15 (a) DISBURSEMENTS DESCRIBED.—Section 

16 319(a)(1) of the Federal Election Campaign Act of 1971 

17 (52 U.S.C. 30121(a)(1)) is amended— 

18 (1) by striking ‘‘or’’ at the end of subparagraph 

19 (B); and 

20 (2) by striking subparagraph (C) and inserting 

21 the following: 

22 ‘‘(C) an expenditure; 

23 ‘‘(D) an independent expenditure; 

24 ‘‘(E) a disbursement for an electioneering 

25 communication (within the meaning of section 

26 304(f)(3)); 


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1 ‘‘(F) a disbursement for a paid internet or 

2 paid digital communication that refers to a 

3 clearly identified candidate for election for Fed4 eral office and is disseminated within 60 days 

5 before a general, special or runoff election for 

6 the office sought by the candidate or 30 days 

7 before a primary or preference election, or a 

8 convention or caucus of a political party that 

9 has authority to nominate a candidate for the 

10 office sought by the candidate; 

11 ‘‘(G) a disbursement for a broadcast, cable 

12 or satellite communication, or for a paid inter13 net or paid digital communication, that pro14 motes, supports, attacks or opposes the election 

15 of a clearly identified candidate for Federal, 

16 State, or local office (regardless of whether the 

17 communication contains express advocacy or the 

18 functional equivalent of express advocacy) and 

19 is for the purpose of influencing an election; or 

20 ‘‘(H) a disbursement for a broadcast, 

21 cable, or satellite communication, or for any 

22 communication which is placed or promoted for 

23 a fee on an online platform, that discusses a 

24 national legislative issue of public importance in 

25 a year in which a regularly scheduled general 


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1 election for Federal office is held, but only if 

2 the disbursement is made by a foreign principal 

3 who is a government of a foreign country or a 

4 foreign political party or an agent of such a for5 eign principal under the Foreign Agents Reg6 istration Act of 1938, as amended.’’. 

7 (b) EFFECTIVE DATE.—The amendments made by 

8 subsection (a) shall apply with respect to disbursements 

9 made on or after the date of the enactment of this Act. 

10 PART 2—REPORTING OF CAMPAIGN-RELATED 

11 DISBURSEMENTS 

12 SEC. 4111. REPORTING OF CAMPAIGN-RELATED DISBURSE13 MENTS. 

14 (a) DISCLOSURE REQUIREMENTS FOR CORPORA15 TIONS, LABOR ORGANIZATIONS, AND CERTAIN OTHER

16 ENTITIES.— 

17 (1) IN GENERAL.—Section 324 of the Federal 

18 Election Campaign Act of 1971 (52 U.S.C. 30126) 

19 is amended to read as follows: 

20 ‘‘SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSE21 MENTS BY COVERED ORGANIZATIONS. 

22 ‘‘(a) DISCLOSURE STATEMENT.— 

23 ‘‘(1) IN GENERAL.—Any covered organization 

24 that makes campaign-related disbursements aggre25 gating more than $10,000 in an election reporting 


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1 cycle shall, not later than 24 hours after each disclo2 sure date, file a statement with the Commission 

3 made under penalty of perjury that contains the in4 formation described in paragraph (2)— 

5 ‘‘(A) in the case of the first statement filed 

6 under this subsection, for the period beginning 

7 on the first day of the election reporting cycle 

8 (or, if earlier, the period beginning one year be9 fore the first such disclosure date) and ending 

10 on the first such disclosure date; and 

11 ‘‘(B) in the case of any subsequent state12 ment filed under this subsection, for the period 

13 beginning on the previous disclosure date and 

14 ending on such disclosure date. 

15 ‘‘(2) INFORMATION DESCRIBED.—The informa16 tion described in this paragraph is as follows: 

17 ‘‘(A) The name of the covered organization 

18 and the principal place of business of such or19 ganization and, in the case of a covered organi20 zation that is a corporation (other than a busi21 ness concern that is an issuer of a class of secu22 rities registered under section 12 of the Securi23 ties Exchange Act of 1934 (15 U.S.C. 78l) or 

24 that is required to file reports under section 

25 15(d) of that Act (15 U.S.C. 78o(d))) or an enVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00357 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 tity described in subsection (e)(2), a list of the 

2 beneficial owners (as defined in paragraph 

3 (4)(A)) of the entity that— 

4 ‘‘(i) identifies each beneficial owner by 

5 name and current residential or business 

6 street address; and 

7 ‘‘(ii) if any beneficial owner exercises 

8 control over the entity through another 

9 legal entity, such as a corporation, partner10 ship, limited liability company, or trust, 

11 identifies each such other legal entity and 

12 each such beneficial owner who will use 

13 that other entity to exercise control over 

14 the entity. 

15 ‘‘(B) The amount of each campaign-related 

16 disbursement made by such organization during 

17 the period covered by the statement of more 

18 than $1,000, and the name and address of the 

19 person to whom the disbursement was made. 

20 ‘‘(C) In the case of a campaign-related dis21 bursement that is not a covered transfer, the 

22 election to which the campaign-related disburse23 ment pertains and if the disbursement is made 

24 for a public communication, the name of any 

25 candidate identified in such communication and 


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1 whether such communication is in support of or 

2 in opposition to a candidate. 

3 ‘‘(D) A certification by the chief executive 

4 officer or person who is the head of the covered 

5 organization that the campaign-related dis6 bursement is not made in cooperation, consulta7 tion, or concert with or at the request or sug8 gestion of a candidate, authorized committee, or 

9 agent of a candidate, political party, or agent of 

10 a political party. 

11 ‘‘(E)(i) If the covered organization makes 

12 campaign-related disbursements using exclu13 sively funds in a segregated bank account con14 sisting of funds that were paid directly to such 

15 account by persons other than the covered orga16 nization that controls the account, for each 

17 such payment to the account— 

18 ‘‘(I) the name and address of each 

19 person who made such payment during the 

20 period covered by the statement; 

21 ‘‘(II) the date and amount of such 

22 payment; and 

23 ‘‘(III) the aggregate amount of all 

24 such payments made by the person during 

25 the period beginning on the first day of the 


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1 election reporting cycle (or, if earlier, the 

2 period beginning one year before the dis3 closure date) and ending on the disclosure 

4 date, 

5 but only if such payment was made by a person 

6 who made payments to the account in an aggre7 gate amount of $10,000 or more during the pe8 riod beginning on the first day of the election 

9 reporting cycle (or, if earlier, the period begin10 ning one year before the disclosure date) and 

11 ending on the disclosure date. 

12 ‘‘(ii) In any calendar year after 2020, sec13 tion 315(c)(1)(B) shall apply to the amount de14 scribed in clause (i) in the same manner as 

15 such section applies to the limitations estab16 lished under subsections (a)(1)(A), (a)(1)(B), 

17 (a)(3), and (h) of such section, except that for 

18 purposes of applying such section to the 

19 amounts described in subsection (b), the ‘base 

20 period’ shall be 2020. 

21 ‘‘(F)(i) If the covered organization makes 

22 campaign-related disbursements using funds 

23 other than funds in a segregated bank account 

24 described in subparagraph (E), for each pay25 ment to the covered organization— 


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1 ‘‘(I) the name and address of each 

2 person who made such payment during the 

3 period covered by the statement; 

4 ‘‘(II) the date and amount of such 

5 payment; and 

6 ‘‘(III) the aggregate amount of all 

7 such payments made by the person during 

8 the period beginning on the first day of the 

9 election reporting cycle (or, if earlier, the 

10 period beginning one year before the dis11 closure date) and ending on the disclosure 

12 date, 

13 but only if such payment was made by a person 

14 who made payments to the covered organization 

15 in an aggregate amount of $10,000 or more 

16 during the period beginning on the first day of 

17 the election reporting cycle (or, if earlier, the 

18 period beginning one year before the disclosure 

19 date) and ending on the disclosure date. 

20 ‘‘(ii) In any calendar year after 2020, sec21 tion 315(c)(1)(B) shall apply to the amount de22 scribed in clause (i) in the same manner as 

23 such section applies to the limitations estab24 lished under subsections (a)(1)(A), (a)(1)(B), 

25 (a)(3), and (h) of such section, except that for 


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1 purposes of applying such section to the 

2 amounts described in subsection (b), the ‘base 

3 period’ shall be 2020. 

4 ‘‘(G) Such other information as required in 

5 rules established by the Commission to promote 

6 the purposes of this section. 

7 ‘‘(3) EXCEPTIONS.— 

8 ‘‘(A) AMOUNTS RECEIVED IN ORDINARY

9 COURSE OF BUSINESS.—The requirement to in10 clude in a statement filed under paragraph (1) 

11 the information described in paragraph (2) 

12 shall not apply to amounts received by the cov13 ered organization in commercial transactions in 

14 the ordinary course of any trade or business 

15 conducted by the covered organization or in the 

16 form of investments (other than investments by 

17 the principal shareholder in a limited liability 

18 corporation) in the covered organization. For 

19 purposes of this subparagraph, amounts re20 ceived by a covered organization as remittances 

21 from an employee to the employee’s collective 

22 bargaining representative shall be treated as 

23 amounts received in commercial transactions in 

24 the ordinary course of the business conducted 

25 by the covered organization. 


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1 ‘‘(B) DONOR RESTRICTION ON USE OF

2 FUNDS.—The requirement to include in a state3 ment submitted under paragraph (1) the infor4 mation described in subparagraph (F) of para5 graph (2) shall not apply if— 

6 ‘‘(i) the person described in such sub7 paragraph prohibited, in writing, the use of 

8 the payment made by such person for cam9 paign-related disbursements; and 

10 ‘‘(ii) the covered organization agreed 

11 to follow the prohibition and deposited the 

12 payment in an account which is segregated 

13 from any account used to make campaign14 related disbursements. 

15 ‘‘(C) THREAT OF HARASSMENT OR RE16 PRISAL.—The requirement to include any infor17 mation relating to the name or address of any 

18 person (other than a candidate) in a statement 

19 submitted under paragraph (1) shall not apply 

20 if the inclusion of the information would subject 

21 the person to serious threats, harassment, or 

22 reprisals. 

23 ‘‘(4) OTHER DEFINITIONS.—For purposes of 

24 this section: 

25 ‘‘(A) BENEFICIAL OWNER DEFINED.— 


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1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clause (ii), the term ‘beneficial 

3 owner’ means, with respect to any entity, 

4 a natural person who, directly or indi5 rectly— 

6 ‘‘(I) exercises substantial control 

7 over an entity through ownership, vot8 ing rights, agreement, or otherwise; or 

9 ‘‘(II) has a substantial interest in 

10 or receives substantial economic bene11 fits from the assets of an entity. 

12 ‘‘(ii) EXCEPTIONS.—The term ‘bene13 ficial owner’ shall not include— 

14 ‘‘(I) a minor child; 

15 ‘‘(II) a person acting as a nomi16 nee, intermediary, custodian, or agent 

17 on behalf of another person; 

18 ‘‘(III) a person acting solely as 

19 an employee of an entity and whose 

20 control over or economic benefits from 

21 the entity derives solely from the em22 ployment status of the person; 

23 ‘‘(IV) a person whose only inter24 est in an entity is through a right of 

25 inheritance, unless the person also 


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1 meets the requirements of clause (i); 

2 or 

3 ‘‘(V) a creditor of an entity, un4 less the creditor also meets the re5 quirements of clause (i). 

6 ‘‘(iii) ANTI-ABUSE RULE.—The excep7 tions under clause (ii) shall not apply if 

8 used for the purpose of evading, circum9 venting, or abusing the provisions of clause 

10 (i) or paragraph (2)(A). 

11 ‘‘(B) DISCLOSURE DATE.—The term ‘dis12 closure date’ means— 

13 ‘‘(i) the first date during any election 

14 reporting cycle by which a person has 

15 made campaign-related disbursements ag16 gregating more than $10,000; and 

17 ‘‘(ii) any other date during such elec18 tion reporting cycle by which a person has 

19 made campaign-related disbursements ag20 gregating more than $10,000 since the 

21 most recent disclosure date for such elec22 tion reporting cycle. 

23 ‘‘(C) ELECTION REPORTING CYCLE.—The 

24 term ‘election reporting cycle’ means the 2-year 


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1 period beginning on the date of the most recent 

2 general election for Federal office. 

3 ‘‘(D) PAYMENT.—The term ‘payment’ in4 cludes any contribution, donation, transfer, pay5 ment of dues, or other payment. 

6 ‘‘(b) COORDINATION WITH OTHER PROVISIONS.— 

7 ‘‘(1) OTHER REPORTS FILED WITH THE COM8 MISSION.—Information included in a statement filed 

9 under this section may be excluded from statements 

10 and reports filed under section 304. 

11 ‘‘(2) TREATMENT AS SEPARATE SEGREGATED

12 FUND.—A segregated bank account referred to in 

13 subsection (a)(2)(E) may be treated as a separate 

14 segregated fund for purposes of section 527(f)(3) of 

15 the Internal Revenue Code of 1986. 

16 ‘‘(c) FILING.—Statements required to be filed under 

17 subsection (a) shall be subject to the requirements of sec18 tion 304(d) to the same extent and in the same manner 

19 as if such reports had been required under subsection (c) 

20 or (g) of section 304. 

21 ‘‘(d) CAMPAIGN-RELATED DISBURSEMENT DE22 FINED.— 

23 ‘‘(1) IN GENERAL.—In this section, the term 

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1 ment by a covered organization for any of the fol2 lowing: 

3 ‘‘(A) An independent expenditure which ex4 pressly advocates the election or defeat of a 

5 clearly identified candidate for election for Fed6 eral office, or is the functional equivalent of ex7 press advocacy because, when taken as a whole, 

8 it can be interpreted by a reasonable person 

9 only as advocating the election or defeat of a 

10 candidate for election for Federal office. 

11 ‘‘(B) Any public communication which re12 fers to a clearly identified candidate for election 

13 for Federal office and which promotes or sup14 ports the election of a candidate for that office, 

15 or attacks or opposes the election of a candidate 

16 for that office, without regard to whether the 

17 communication expressly advocates a vote for or 

18 against a candidate for that office. 

19 ‘‘(C) An electioneering communication, as 

20 defined in section 304(f)(3). 

21 ‘‘(D) A covered transfer. 

22 ‘‘(2) INTENT NOT REQUIRED.—A disbursement 

23 for an item described in subparagraph (A), (B), (C), 

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1 paign-related disbursement regardless of the intent 

2 of the person making the disbursement. 

3 ‘‘(e) COVERED ORGANIZATION DEFINED.—In this 

4 section, the term ‘covered organization’ means any of the 

5 following: 

6 ‘‘(1) A corporation (other than an organization 

7 described in section 501(c)(3) of the Internal Rev8 enue Code of 1986). 

9 ‘‘(2) A limited liability corporation that is not 

10 otherwise treated as a corporation for purposes of 

11 this Act (other than an organization described in 

12 section 501(c)(3) of the Internal Revenue Code of 

13 1986). 

14 ‘‘(3) An organization described in section 

15 501(c) of such Code and exempt from taxation 

16 under section 501(a) of such Code (other than an 

17 organization described in section 501(c)(3) of such 

18 Code). 

19 ‘‘(4) A labor organization (as defined in section 

20 316(b)). 

21 ‘‘(5) Any political organization under section 

22 527 of the Internal Revenue Code of 1986, other 

23 than a political committee under this Act (except as 

24 provided in paragraph (6)). 


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1 ‘‘(6) A political committee with an account that 

2 accepts donations or contributions that do not com3 ply with the contribution limits or source prohibi4 tions under this Act, but only with respect to such 

5 accounts. 

6 ‘‘(f) COVERED TRANSFER DEFINED.— 

7 ‘‘(1) IN GENERAL.—In this section, the term 

8 ‘covered transfer’ means any transfer or payment of 

9 funds by a covered organization to another person if 

10 the covered organization— 

11 ‘‘(A) designates, requests, or suggests that 

12 the amounts be used for— 

13 ‘‘(i) campaign-related disbursements 

14 (other than covered transfers); or 

15 ‘‘(ii) making a transfer to another 

16 person for the purpose of making or pay17 ing for such campaign-related disburse18 ments; 

19 ‘‘(B) made such transfer or payment in re20 sponse to a solicitation or other request for a 

21 donation or payment for— 

22 ‘‘(i) the making of or paying for cam23 paign-related disbursements (other than 

24 covered transfers); or 


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1 ‘‘(ii) making a transfer to another 

2 person for the purpose of making or pay3 ing for such campaign-related disburse4 ments; 

5 ‘‘(C) engaged in discussions with the re6 cipient of the transfer or payment regarding— 

7 ‘‘(i) the making of or paying for cam8 paign-related disbursements (other than 

9 covered transfers); or 

10 ‘‘(ii) donating or transferring any 

11 amount of such transfer or payment to an12 other person for the purpose of making or 

13 paying for such campaign-related disburse14 ments; 

15 ‘‘(D) made campaign-related disburse16 ments (other than a covered transfer) in an ag17 gregate amount of $50,000 or more during the 

18 2-year period ending on the date of the transfer 

19 or payment, or knew or had reason to know 

20 that the person receiving the transfer or pay21 ment made such disbursements in such an ag22 gregate amount during that 2-year period; or 

23 ‘‘(E) knew or had reason to know that the 

24 person receiving the transfer or payment would 

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1 gregate amount of $50,000 or more during the 

2 2-year period beginning on the date of the 

3 transfer or payment. 

4 ‘‘(2) EXCLUSIONS.—The term ‘covered transfer’ 

5 does not include any of the following: 

6 ‘‘(A) A disbursement made by a covered 

7 organization in a commercial transaction in the 

8 ordinary course of any trade or business con9 ducted by the covered organization or in the 

10 form of investments made by the covered orga11 nization. 

12 ‘‘(B) A disbursement made by a covered 

13 organization if— 

14 ‘‘(i) the covered organization prohib15 ited, in writing, the use of such disburse16 ment for campaign-related disbursements; 

17 and 

18 ‘‘(ii) the recipient of the disbursement 

19 agreed to follow the prohibition and depos20 ited the disbursement in an account which 

21 is segregated from any account used to 

22 make campaign-related disbursements. 

23 ‘‘(3) SPECIAL RULE REGARDING TRANSFERS

24 AMONG AFFILIATES.— 


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1 ‘‘(A) SPECIAL RULE.—A transfer of an 

2 amount by one covered organization to another 

3 covered organization which is treated as a 

4 transfer between affiliates under subparagraph 

5 (C) shall be considered a covered transfer by 

6 the covered organization which transfers the 

7 amount only if the aggregate amount trans8 ferred during the year by such covered organi9 zation to that same covered organization is 

10 equal to or greater than $50,000. 

11 ‘‘(B) DETERMINATION OF AMOUNT OF

12 CERTAIN PAYMENTS AMONG AFFILIATES.—In 

13 determining the amount of a transfer between 

14 affiliates for purposes of subparagraph (A), to 

15 the extent that the transfer consists of funds 

16 attributable to dues, fees, or assessments which 

17 are paid by individuals on a regular, periodic 

18 basis in accordance with a per-individual cal19 culation which is made on a regular basis, the 

20 transfer shall be attributed to the individuals 

21 paying the dues, fees, or assessments and shall 

22 not be attributed to the covered organization. 

23 ‘‘(C) DESCRIPTION OF TRANSFERS BE24 TWEEN AFFILIATES.—A transfer of amounts 

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1 ered organization shall be treated as a transfer 

2 between affiliates if— 

3 ‘‘(i) one of the organizations is an af4 filiate of the other organization; or 

5 ‘‘(ii) each of the organizations is an 

6 affiliate of the same organization, 

7 except that the transfer shall not be treated as 

8 a transfer between affiliates if one of the orga9 nizations is established for the purpose of mak10 ing campaign-related disbursements. 

11 ‘‘(D) DETERMINATION OF AFFILIATE STA12 TUS.—For purposes of subparagraph (C), a 

13 covered organization is an affiliate of another 

14 covered organization if— 

15 ‘‘(i) the governing instrument of the 

16 organization requires it to be bound by de17 cisions of the other organization; 

18 ‘‘(ii) the governing board of the orga19 nization includes persons who are specifi20 cally designated representatives of the 

21 other organization or are members of the 

22 governing board, officers, or paid executive 

23 staff members of the other organization, or 

24 whose service on the governing board is 


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1 contingent upon the approval of the other 

2 organization; or 

3 ‘‘(iii) the organization is chartered by 

4 the other organization. 

5 ‘‘(E) COVERAGE OF TRANSFERS TO AF6 FILIATED SECTION 501(c)(3) ORGANIZA7 TIONS.—This paragraph shall apply with re8 spect to an amount transferred by a covered or9 ganization to an organization described in para10 graph (3) of section 501(c) of the Internal Rev11 enue Code of 1986 and exempt from tax under 

12 section 501(a) of such Code in the same man13 ner as this paragraph applies to an amount 

14 transferred by a covered organization to an15 other covered organization. 

16 ‘‘(g) NO EFFECT ON OTHER REPORTING REQUIRE17 MENTS.—Nothing in this section shall be construed to 

18 waive or otherwise affect any other requirement of this 

19 Act which relates to the reporting of campaign-related dis20 bursements.’’. 

21 (2) CONFORMING AMENDMENT.—Section 

22 304(f)(6) of such Act (52 U.S.C. 30104) is amended 

23 by striking ‘‘Any requirement’’ and inserting ‘‘Ex24 cept as provided in section 324(b), any require25 ment’’. 


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1 (b) COORDINATION WITH FINCEN.— 

2 (1) IN GENERAL.—The Director of the Finan3 cial Crimes Enforcement Network of the Depart4 ment of the Treasury shall provide the Federal Elec5 tion Commission with such information as necessary 

6 to assist in administering and enforcing section 324 

7 of the Federal Election Campaign Act of 1971, as 

8 added by this section. 

9 (2) REPORT.—Not later than 6 months after 

10 the date of the enactment of this Act, the Chairman 

11 of the Federal Election Commission, in consultation 

12 with the Director of the Financial Crimes Enforce13 ment Network of the Department of the Treasury, 

14 shall submit to Congress a report with recommenda15 tions for providing further legislative authority to as16 sist in the administration and enforcement of such 

17 section 324. 

18 SEC. 4112. APPLICATION OF FOREIGN MONEY BAN TO DIS19 BURSEMENTS FOR CAMPAIGN-RELATED DIS20 BURSEMENTS CONSISTING OF COVERED 

21 TRANSFERS. 

22 Section 319(a)(1)(A) of the Federal Election Cam23 paign Act of 1971 (52 U.S.C. 30121(a)(1)(A)), as amend24 ed by section 4102, is amended by striking the semicolon 

25 and inserting the following: ‘‘, and any disbursement, 


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1 other than a disbursement described in section 

2 324(a)(3)(A), to another person who made a campaign3 related disbursement consisting of a covered transfer (as 

4 described in section 324) during the 2-year period ending 

5 on the date of the disbursement;’’. 

6 SEC. 4113. EFFECTIVE DATE. 

7 The amendments made by this part shall apply with 

8 respect to disbursements made on or after January 1, 

9 2020, and shall take effect without regard to whether or 

10 not the Federal Election Commission has promulgated 

11 regulations to carry out such amendments. 

12 PART 3—OTHER ADMINISTRATIVE REFORMS 

13 SEC. 4121. PETITION FOR CERTIORARI. 

14 Section 307(a)(6) of the Federal Election Campaign 

15 Act of 1971 (52 U.S.C. 30107(a)(6)) is amended by in16 serting ‘‘(including a proceeding before the Supreme 

17 Court on certiorari)’’ after ‘‘appeal’’. 

18 SEC. 4122. JUDICIAL REVIEW OF ACTIONS RELATED TO 

19 CAMPAIGN FINANCE LAWS. 

20 (a) IN GENERAL.—Title IV of the Federal Election 

21 Campaign Act of 1971 (52 U.S.C. 30141 et seq.) is 

22 amended by inserting after section 406 the following new 

23 section: 


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1 ‘‘SEC. 407. JUDICIAL REVIEW. 

2 ‘‘(a) IN GENERAL.—Notwithstanding section 373(f), 

3 if any action is brought for declaratory or injunctive relief 

4 to challenge the constitutionality of any provision of this 

5 Act or of chapter 95 or 96 of the Internal Revenue Code 

6 of 1986, or is brought to with respect to any action of 

7 the Commission under chapter 95 or 96 of the Internal 

8 Revenue Code of 1986, the following rules shall apply: 

9 ‘‘(1) The action shall be filed in the United 

10 States District Court for the District of Columbia 

11 and an appeal from the decision of the district court 

12 may be taken to the Court of Appeals for the Dis13 trict of Columbia Circuit. 

14 ‘‘(2) In the case of an action relating to declar15 atory or injunctive relief to challenge the constitu16 tionality of a provision— 

17 ‘‘(A) a copy of the complaint shall be deliv18 ered promptly to the Clerk of the House of 

19 Representatives and the Secretary of the Sen20 ate; and 

21 ‘‘(B) it shall be the duty of the United 

22 States District Court for the District of Colum23 bia, the Court of Appeals for the District of Co24 lumbia, and the Supreme Court of the United 

25 States to advance on the docket and to expedite 


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1 to the greatest possible extent the disposition of 

2 the action and appeal. 

3 ‘‘(b) INTERVENTION BY MEMBERS OF CONGRESS.— 

4 In any action in which the constitutionality of any provi5 sion of this Act or chapter 95 or 96 of the Internal Rev6 enue Code of 1986 is raised, any Member of the House 

7 of Representatives (including a Delegate or Resident Com8 missioner to the Congress) or Senate shall have the right 

9 to intervene either in support of or opposition to the posi10 tion of a party to the case regarding the constitutionality 

11 of the provision. To avoid duplication of efforts and reduce 

12 the burdens placed on the parties to the action, the court 

13 in any such action may make such orders as it considers 

14 necessary, including orders to require interveners taking 

15 similar positions to file joint papers or to be represented 

16 by a single attorney at oral argument. 

17 ‘‘(c) CHALLENGE BY MEMBERS OF CONGRESS.—Any 

18 Member of Congress may bring an action, subject to the 

19 special rules described in subsection (a), for declaratory 

20 or injunctive relief to challenge the constitutionality of any 

21 provision of this Act or chapter 95 or 96 of the Internal 

22 Revenue Code of 1986.’’. 

23 (b) CONFORMING AMENDMENTS.— 

24 (1) IN GENERAL.— 


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1 (A) Section 9011 of the Internal Revenue 

2 Code of 1986 is amended to read as follows: 

3 ‘‘SEC. 9011. JUDICIAL REVIEW. 

4 ‘‘For provisions relating to judicial review of certifi5 cations, determinations, and actions by the Commission 

6 under this chapter, see section 407 of the Federal Election 

7 Campaign Act of 1971.’’. 

8 (B) Section 9041 of the Internal Revenue 

9 Code of 1986 is amended to read as follows: 

10 ‘‘SEC. 9041. JUDICIAL REVIEW. 

11 ‘‘For provisions relating to judicial review of actions 

12 by the Commission under this chapter, see section 407 of 

13 the Federal Election Campaign Act of 1971.’’. 

14 (C) Section 403 of the Bipartisan Cam15 paign Reform Act of 2002 (52 U.S.C. 30110 

16 note) is repealed. 

17 (c) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply to actions brought on or after Jan19 uary 1, 2019. 

20 Subtitle C—Honest Ads 

21 SEC. 4201. SHORT TITLE. 

22 This subtitle may be cited as the ‘‘Honest Ads Act’’. 

23 SEC. 4202. PURPOSE. 

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1 proving disclosure requirements for online political adver2 tisements in order to uphold the Supreme Court’s well3 established standard that the electorate bears the right to 

4 be fully informed. 

5 SEC. 4203. FINDINGS. 

6 Congress makes the following findings: 

7 (1) On January 6, 2017, the Office of the Di8 rector of National Intelligence published a report ti9 tled ‘‘Assessing Russian Activities and Intentions in 

10 Recent U.S. Elections’’, noting that ‘‘Russian Presi11 dent Vladimir Putin ordered an influence campaign 

12 in 2016 aimed at the US presidential election * * *’’. 

13 Moscow’s influence campaign followed a Russian 

14 messaging strategy that blends covert intelligence 

15 operation—such as cyber activity—with overt efforts 

16 by Russian Government agencies, state-funded 

17 media, third-party intermediaries, and paid social 

18 media users or ‘‘trolls’’. 

19 (2) On November 24, 2016, The Washington 

20 Post reported findings from 2 teams of independent 

21 researchers that concluded Russians ‘‘exploited 

22 American-made technology platforms to attack U.S. 

23 democracy at a particularly vulnerable moment * * * 

24 as part of a broadly effective strategy of sowing dis25 trust in U.S. democracy and its leaders.’’. 


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1 (3) Findings from a 2017 study on the manipu2 lation of public opinion through social media con3 ducted by the Computational Propaganda Research 

4 Project at the Oxford Internet Institute found that 

5 the Kremlin is using pro-Russian bots to manipulate 

6 public discourse to a highly targeted audience. With 

7 a sample of nearly 1,300,000 tweets, researchers 

8 found that in the 2016 election’s 3 decisive States, 

9 propaganda constituted 40 percent of the sampled 

10 election-related tweets that went to Pennsylvanians, 

11 34 percent to Michigan voters, and 30 percent to 

12 those in Wisconsin. In other swing States, the figure 

13 reached 42 percent in Missouri, 41 percent in Flor14 ida, 40 percent in North Carolina, 38 percent in 

15 Colorado, and 35 percent in Ohio. 

16 (4) On September 6, 2017, the nation’s largest 

17 social media platform disclosed that between June 

18 2015 and May 2017, Russian entities purchased 

19 $100,000 in political advertisements, publishing 

20 roughly 3,000 ads linked to fake accounts associated 

21 with the Internet Research Agency, a pro-Kremlin 

22 organization. According to the company, the ads 

23 purchased focused ‘‘on amplifying divisive social and 

24 political messages * * *’’. 


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1 (5) In 2002, the Bipartisan Campaign Reform 

2 Act became law, establishing disclosure requirements 

3 for political advertisements distributed from a tele4 vision or radio broadcast station or provider of cable 

5 or satellite television. In 2003, the Supreme Court 

6 upheld regulations on electioneering communications 

7 established under the Act, noting that such require8 ments ‘‘provide the electorate with information and 

9 insure that the voters are fully informed about the 

10 person or group who is speaking.’’. 

11 (6) According to a study from Borrell Associ12 ates, in 2016, $1,415,000,000 was spent on online 

13 advertising, more than quadruple the amount in 

14 2012. 

15 (7) The reach of a few large internet plat16 forms—larger than any broadcast, satellite, or cable 

17 provider—has greatly facilitated the scope and effec18 tiveness of disinformation campaigns. For instance, 

19 the largest platform has over 210,000,000 Ameri20 cans users—over 160,000,000 of them on a daily 

21 basis. By contrast, the largest cable television pro22 vider has 22,430,000 subscribers, while the largest 

23 satellite television provider has 21,000,000 sub24 scribers. And the most-watched television broadcast 

25 in United States history had 118,000,000 viewers. 


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1 (8) The public nature of broadcast television, 

2 radio, and satellite ensures a level of publicity for 

3 any political advertisement. These communications 

4 are accessible to the press, fact-checkers, and polit5 ical opponents; this creates strong disincentives for 

6 a candidate to disseminate materially false, inflam7 matory, or contradictory messages to the public. So8 cial media platforms, in contrast, can target portions 

9 of the electorate with direct, ephemeral advertise10 ments often on the basis of private information the 

11 platform has on individuals, enabling political adver12 tisements that are contradictory, racially or socially 

13 inflammatory, or materially false. 

14 (9) According to comScore, 2 companies own 8 

15 of the 10 most popular smartphone applications as 

16 of June 2017, including the most popular social 

17 media and email services—which deliver information 

18 and news to users without requiring proactivity by 

19 the user. Those same 2 companies accounted for 99 

20 percent of revenue growth from digital advertising in 

21 2016, including 77 percent of gross spending. 79 

22 percent of online Americans—representing 68 per23 cent of all Americans—use the single largest social 

24 network, while 66 percent of these users are most 

25 likely to get their news from that site. 


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1 (10) In its 2006 rulemaking, the Federal Elec2 tion Commission noted that only 18 percent of all 

3 Americans cited the internet as their leading source 

4 of news about the 2004 Presidential election; by con5 trast, the Pew Research Center found that 65 per6 cent of Americans identified an internet-based 

7 source as their leading source of information for the 

8 2016 election. 

9 (11) The Federal Election Commission, the 

10 independent Federal agency charged with protecting 

11 the integrity of the Federal campaign finance proc12 ess by providing transparency and administering 

13 campaign finance laws, has failed to take action to 

14 address online political advertisements. 

15 (12) In testimony before the Senate Select 

16 Committee on Intelligence titled, ‘‘Disinformation: A 

17 Primer in Russian Active Measures and Influence 

18 Campaigns’’, multiple expert witnesses testified that 

19 while the disinformation tactics of foreign adver20 saries have not necessarily changed, social media 

21 services now provide ‘‘platform[s] practically pur22 pose-built for active measures[.]’’ Similarly, as Gen. 

23 Keith B. Alexander (RET.), the former Director of 

24 the National Security Agency, testified, during the 

25 Cold War ‘‘if the Soviet Union sought to manipulate 


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1 information flow, it would have to do so principally 

2 through its own propaganda outlets or through ac3 tive measures that would generate specific news: 

4 planting of leaflets, inciting of violence, creation of 

5 other false materials and narratives. But the news 

6 itself was hard to manipulate because it would have 

7 required actual control of the organs of media, which 

8 took long-term efforts to penetrate. Today, however, 

9 because the clear majority of the information on so10 cial media sites is uncurated and there is a rapid 

11 proliferation of information sources and other sites 

12 that can reinforce information, there is an increasing 

13 likelihood that the information available to average 

14 consumers may be inaccurate (whether intentionally 

15 or otherwise) and may be more easily manipulable 

16 than in prior eras.’’. 

17 (13) Current regulations on political advertise18 ments do not provide sufficient transparency to up19 hold the public’s right to be fully informed about po20 litical advertisements made online. 

21 SEC. 4204. SENSE OF CONGRESS. 

22 It is the sense of Congress that— 

23 (1) the dramatic increase in digital political ad24 vertisements, and the growing centrality of online 

25 platforms in the lives of Americans, requires the 


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1 Congress and the Federal Election Commission to 

2 take meaningful action to ensure that laws and reg3 ulations provide the accountability and transparency 

4 that is fundamental to our democracy; 

5 (2) free and fair elections require both trans6 parency and accountability which give the public a 

7 right to know the true sources of funding for polit8 ical advertisements in order to make informed polit9 ical choices and hold elected officials accountable; 

10 and 

11 (3) transparency of funding for political adver12 tisements is essential to enforce other campaign fi13 nance laws, including the prohibition on campaign 

14 spending by foreign nationals. 

15 SEC. 4205. EXPANSION OF DEFINITION OF PUBLIC COMMU16 NICATION. 

17 (a) IN GENERAL.—Paragraph (22) of section 301 of 

18 the Federal Election Campaign Act of 1971 (52 U.S.C. 

19 30101(22)) is amended by striking ‘‘or satellite commu20 nication’’ and inserting ‘‘satellite, paid internet, or paid 

21 digital communication’’. 

22 (b) TREATMENT OF CONTRIBUTIONS AND EXPENDI23 TURES.—Section 301 of such Act (52 U.S.C. 30101) is 

24 amended— 


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1 (1) in paragraph (8)(B)(v), by striking ‘‘on 

2 broadcasting stations, or in newspapers, magazines, 

3 or similar types of general public political adver4 tising’’ and inserting ‘‘in any public communica5 tion’’; and 

6 (2) in paragraph (9)(B)— 

7 (A) by amending clause (i) to read as fol8 lows: 

9 ‘‘(i) any news story, commentary, or 

10 editorial distributed through the facilities 

11 of any broadcasting station or any print, 

12 online, or digital newspaper, magazine, 

13 blog, publication, or periodical, unless such 

14 broadcasting, print, online, or digital facili15 ties are owned or controlled by any polit16 ical party, political committee, or can17 didate;’’; and 

18 (B) in clause (iv), by striking ‘‘on broad19 casting stations, or in newspapers, magazines, 

20 or similar types of general public political ad21 vertising’’ and inserting ‘‘in any public commu22 nication’’. 

23 (c) DISCLOSURE AND DISCLAIMER STATEMENTS.— 

24 Subsection (a) of section 318 of such Act (52 U.S.C. 

25 30120) is amended— 


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1 (1) by striking ‘‘financing any communication 

2 through any broadcasting station, newspaper, maga3 zine, outdoor advertising facility, mailing, or any 

4 other type of general public political advertising’’ 

5 and inserting ‘‘financing any public communication’’; 

6 and 

7 (2) by striking ‘‘solicits any contribution 

8 through any broadcasting station, newspaper, maga9 zine, outdoor advertising facility, mailing, or any 

10 other type of general public political advertising’’ 

11 and inserting ‘‘solicits any contribution through any 

12 public communication’’. 

13 SEC. 4206. EXPANSION OF DEFINITION OF ELECTION14 EERING COMMUNICATION. 

15 (a) EXPANSION TO ONLINE COMMUNICATIONS.— 

16 (1) APPLICATION TO QUALIFIED INTERNET AND

17 DIGITAL COMMUNICATIONS.— 

18 (A) IN GENERAL.—Subparagraph (A) of 

19 section 304(f)(3) of the Federal Election Cam20 paign Act of 1971 (52 U.S.C. 30104(f)(3)(A)) 

21 is amended by striking ‘‘or satellite communica22 tion’’ each place it appears in clauses (i) and 

23 (ii) and inserting ‘‘satellite, or qualified internet 

24 or digital communication’’. 


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1 (B) QUALIFIED INTERNET OR DIGITAL

2 COMMUNICATION.—Paragraph (3) of section 

3 304(f) of such Act (52 U.S.C. 30104(f)) is 

4 amended by adding at the end the following 

5 new subparagraph: 

6 ‘‘(D) QUALIFIED INTERNET OR DIGITAL

7 COMMUNICATION.—The term ‘qualified internet 

8 or digital communication’ means any commu9 nication which is placed or promoted for a fee 

10 on an online platform (as defined in subsection 

11 (j)(3)).’’. 

12 (2) NONAPPLICATION OF RELEVANT ELEC13 TORATE TO ONLINE COMMUNICATIONS.—Section 

14 304(f)(3)(A)(i)(III) of such Act (52 U.S.C. 

15 30104(f)(3)(A)(i)(III)) is amended by inserting ‘‘any 

16 broadcast, cable, or satellite’’ before ‘‘communica17 tion’’. 

18 (3) NEWS EXEMPTION.—Section 

19 304(f)(3)(B)(i) of such Act (52 U.S.C. 

20 30104(f)(3)(B)(i)) is amended to read as follows: 

21 ‘‘(i) a communication appearing in a 

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1 tion, or periodical, unless such broad2 casting, online, or digital facilities are 

3 owned or controlled by any political party, 

4 political committee, or candidate;’’. 

5 (b) EFFECTIVE DATE.—The amendments made by 

6 this section shall apply with respect to communications 

7 made on or after January 1, 2020. 

8 SEC. 4207. APPLICATION OF DISCLAIMER STATEMENTS TO 

9 ONLINE COMMUNICATIONS. 

10 (a) CLEAR AND CONSPICUOUS MANNER REQUIRE11 MENT.—Subsection (a) of section 318 of the Federal Elec12 tion Campaign Act of 1971 (52 U.S.C. 30120(a)) is 

13 amended— 

14 (1) by striking ‘‘shall clearly state’’ each place 

15 it appears in paragraphs (1), (2), and (3) and in16 serting ‘‘shall state in a clear and conspicuous man17 ner’’; and 

18 (2) by adding at the end the following flush 

19 sentence: ‘‘For purposes of this section, a commu20 nication does not make a statement in a clear and 

21 conspicuous manner if it is difficult to read or hear 

22 or if the placement is easily overlooked.’’. 

23 (b) SPECIAL RULES FOR QUALIFIED INTERNET OR

24 DIGITAL COMMUNICATIONS.— 


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1 (1) IN GENERAL.—Section 318 of such Act (52 

2 U.S.C. 30120) is amended by adding at the end the 

3 following new subsection: 

4 ‘‘(e) SPECIAL RULES FOR QUALIFIED INTERNET OR

5 DIGITAL COMMUNICATIONS.— 

6 ‘‘(1) SPECIAL RULES WITH RESPECT TO STATE7 MENTS.—In the case of any qualified internet or 

8 digital communication (as defined in section 

9 304(f)(3)(D)) which is disseminated through a me10 dium in which the provision of all of the information 

11 specified in this section is not possible, the commu12 nication shall, in a clear and conspicuous manner— 

13 ‘‘(A) state the name of the person who 

14 paid for the communication; and 

15 ‘‘(B) provide a means for the recipient of 

16 the communication to obtain the remainder of 

17 the information required under this section with 

18 minimal effort and without receiving or viewing 

19 any additional material other than such re20 quired information. 

21 ‘‘(2) SAFE HARBOR FOR DETERMINING CLEAR

22 AND CONSPICUOUS MANNER.—A statement in quali23 fied internet or digital communication (as defined in 

24 section 304(f)(3)(D)) shall be considered to be made 

25 in a clear and conspicuous manner as provided in 


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1 subsection (a) if the communication meets the fol2 lowing requirements: 

3 ‘‘(A) TEXT OR GRAPHIC COMMUNICA4 TIONS.—In the case of a text or graphic com5 munication, the statement— 

6 ‘‘(i) appears in letters at least as large 

7 as the majority of the text in the commu8 nication; and 

9 ‘‘(ii) meets the requirements of para10 graphs (2) and (3) of subsection (c). 

11 ‘‘(B) AUDIO COMMUNICATIONS.—In the 

12 case of an audio communication, the statement 

13 is spoken in a clearly audible and intelligible 

14 manner at the beginning or end of the commu15 nication and lasts at least 3 seconds. 

16 ‘‘(C) VIDEO COMMUNICATIONS.—In the 

17 case of a video communication which also in18 cludes audio, the statement— 

19 ‘‘(i) is included at either the beginning 

20 or the end of the communication; and 

21 ‘‘(ii) is made both in— 

22 ‘‘(I) a written format that meets 

23 the requirements of subparagraph (A) 

24 and appears for at least 4 seconds; 

25 and 


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1 ‘‘(II) an audible format that 

2 meets the requirements of subpara3 graph (B). 

4 ‘‘(D) OTHER COMMUNICATIONS.—In the 

5 case of any other type of communication, the 

6 statement is at least as clear and conspicuous 

7 as the statement specified in subparagraph (A), 

8 (B), or (C).’’. 

9 (2) NONAPPLICATION OF CERTAIN EXCEP10 TIONS.—The exceptions provided in section 

11 110.11(f)(1)(i) and (ii) of title 11, Code of Federal 

12 Regulations, or any successor to such rules, shall 

13 have no application to qualified internet or digital 

14 communications (as defined in section 304(f)(3)(D) 

15 of the Federal Election Campaign Act of 1971). 

16 (c) MODIFICATION OF ADDITIONAL REQUIREMENTS

17 FOR CERTAIN COMMUNICATIONS.—Section 318(d) of such 

18 Act (52 U.S.C. 30120(d)) is amended— 

19 (1) in paragraph (1)(A)— 

20 (A) by striking ‘‘which is transmitted 

21 through radio’’ and inserting ‘‘which is in an 

22 audio format’’; and 

23 (B) by striking ‘‘BY RADIO’’ in the heading 

24 and inserting ‘‘AUDIO FORMAT’’; 

25 (2) in paragraph (1)(B)— 


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1 (A) by striking ‘‘which is transmitted 

2 through television’’ and inserting ‘‘which is in 

3 video format’’; and 

4 (B) by striking ‘‘BY TELEVISION’’ in the 

5 heading and inserting ‘‘VIDEO FORMAT’’; and 

6 (3) in paragraph (2)— 

7 (A) by striking ‘‘transmitted through radio 

8 or television’’ and inserting ‘‘made in audio or 

9 video format’’; and 

10 (B) by striking ‘‘through television’’ in the 

11 second sentence and inserting ‘‘in video for12 mat’’. 

13 SEC. 4208. POLITICAL RECORD REQUIREMENTS FOR ON14 LINE PLATFORMS. 

15 (a) IN GENERAL.—Section 304 of the Federal Elec16 tion Campaign Act of 1971 (52 U.S.C. 30104) is amended 

17 by adding at the end the following new subsection: 

18 ‘‘(j) DISCLOSURE OF CERTAIN ONLINE ADVERTISE19 MENTS.— 

20 ‘‘(1) IN GENERAL.— 

21 ‘‘(A) REQUIREMENTS FOR ONLINE PLAT22 FORMS.—An online platform shall maintain, 

23 and make available for online public inspection 

24 in machine readable format, a complete record 

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1 form a qualified political advertisement which is 

2 made by a person whose aggregate requests to 

3 purchase qualified political advertisements on 

4 such online platform during the calendar year 

5 exceeds $500. 

6 ‘‘(B) REQUIREMENTS FOR ADVER7 TISERS.—Any person who requests to purchase 

8 a qualified political advertisement on an online 

9 platform shall provide the online platform with 

10 such information as is necessary for the online 

11 platform to comply with the requirements of 

12 subparagraph (A). 

13 ‘‘(2) CONTENTS OF RECORD.—A record main14 tained under paragraph (1)(A) shall contain— 

15 ‘‘(A) a digital copy of the qualified political 

16 advertisement; 

17 ‘‘(B) a description of the audience targeted 

18 by the advertisement, the number of views gen19 erated from the advertisement, and the date 

20 and time that the advertisement is first dis21 played and last displayed; and 

22 ‘‘(C) information regarding— 

23 ‘‘(i) the average rate charged for the 

24 advertisement; 


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1 ‘‘(ii) the name of the candidate to 

2 which the advertisement refers and the of3 fice to which the candidate is seeking elec4 tion, the election to which the advertise5 ment refers, or the national legislative 

6 issue to which the advertisement refers (as 

7 applicable); 

8 ‘‘(iii) in the case of a request made 

9 by, or on behalf of, a candidate, the name 

10 of the candidate, the authorized committee 

11 of the candidate, and the treasurer of such 

12 committee; and 

13 ‘‘(iv) in the case of any request not 

14 described in clause (iii), the name of the 

15 person purchasing the advertisement, the 

16 name and address of a contact person for 

17 such person, and a list of the chief execu18 tive officers or members of the executive 

19 committee or of the board of directors of 

20 such person. 

21 ‘‘(3) ONLINE PLATFORM.—For purposes of this 

22 subsection, the term ‘online platform’ means any 

23 public-facing website, web application, or digital ap24 plication (including a social network, ad network, or 

25 search engine) which— 


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1 ‘‘(A) sells qualified political advertise2 ments; and 

3 ‘‘(B) has 50,000,000 or more unique 

4 monthly United States visitors or users for a 

5 majority of months during the preceding 12 

6 months. 

7 ‘‘(4) QUALIFIED POLITICAL ADVERTISEMENT.— 

8 For purposes of this subsection, the term ‘qualified 

9 political advertisement’ means any advertisement 

10 (including search engine marketing, display adver11 tisements, video advertisements, native advertise12 ments, and sponsorships) that— 

13 ‘‘(A) is made by or on behalf of a can14 didate; or 

15 ‘‘(B) communicates a message relating to 

16 any political matter of national importance, in17 cluding— 

18 ‘‘(i) a candidate; 

19 ‘‘(ii) any election to Federal office; or 

20 ‘‘(iii) a national legislative issue of 

21 public importance. 

22 ‘‘(5) TIME TO MAINTAIN FILE.—The informa23 tion required under this subsection shall be made 

24 available as soon as possible and shall be retained by 


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1 the online platform for a period of not less than 4 

2 years. 

3 ‘‘(6) PENALTIES.—For penalties for failure by 

4 online platforms, and persons requesting to purchase 

5 a qualified political advertisement on online plat6 forms, to comply with the requirements of this sub7 section, see section 309.’’. 

8 (b) RULEMAKING.—Not later than 120 days after the 

9 date of the enactment of this Act, the Federal Election 

10 Commission shall establish rules— 

11 (1) requiring common data formats for the 

12 record required to be maintained under section 

13 304(j) of the Federal Election Campaign Act of 

14 1971 (as added by subsection (a)) so that all online 

15 platforms submit and maintain data online in a com16 mon, machine-readable and publicly accessible for17 mat; and 

18 (2) establishing search interface requirements 

19 relating to such record, including searches by can20 didate name, issue, purchaser, and date. 

21 (c) REPORTING.—Not later than 2 years after the 

22 date of the enactment of this Act, and biannually there23 after, the Chairman of the Federal Election Commission 

24 shall submit a report to Congress on— 


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1 (1) matters relating to compliance with and the 

2 enforcement of the requirements of section 304(j) of 

3 the Federal Election Campaign Act of 1971, as 

4 added by subsection (a); 

5 (2) recommendations for any modifications to 

6 such section to assist in carrying out its purposes; 

7 and 

8 (3) identifying ways to bring transparency and 

9 accountability to political advertisements distributed 

10 online for free. 

11 SEC. 4209. PREVENTING CONTRIBUTIONS, EXPENDITURES, 

12 INDEPENDENT EXPENDITURES, AND DIS13 BURSEMENTS FOR ELECTIONEERING COM14 MUNICATIONS BY FOREIGN NATIONALS IN 

15 THE FORM OF ONLINE ADVERTISING. 

16 Section 319 of the Federal Election Campaign Act 

17 of 1971 (52 U.S.C. 30121), as amended by section 

18 4101(b), is further amended by adding at the end the fol19 lowing new subsection: 

20 ‘‘(d) RESPONSIBILITIES OF BROADCAST STATIONS, 

21 PROVIDERS OF CABLE AND SATELLITE TELEVISION, AND

22 ONLINE PLATFORMS.—Each television or radio broadcast 

23 station, provider of cable or satellite television, or online 

24 platform (as defined in section 304(j)(3)) shall make rea25 sonable efforts to ensure that communications described 


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1 in section 318(a) and made available by such station, pro2 vider, or platform are not purchased by a foreign national, 

3 directly or indirectly.’’. 

4 Subtitle D—Stand By Every Ad 

5 SEC. 4301. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘Stand By Every 

7 Ad Act’’. 

8 SEC. 4302. STAND BY EVERY AD. 

9 (a) EXPANDED DISCLAIMER REQUIREMENTS FOR

10 CERTAIN COMMUNICATIONS.—Section 318 of the Federal 

11 Election Campaign Act of 1971 (52 U.S.C. 30120), as 

12 amended by section 4207(b)(1), is further amended— 

13 (1) by redesignating subsection (e) as sub14 section (f); and 

15 (2) by inserting after subsection (d) the fol16 lowing new subsection: 

17 ‘‘(e) EXPANDED DISCLAIMER REQUIREMENTS FOR

18 COMMUNICATIONS NOT AUTHORIZED BY CANDIDATES OR

19 COMMITTEES.— 

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (6), any communication described in para22 graph (3) of subsection (a) which is transmitted in 

23 an audio or video format (including an internet or 

24 digital communication), or which is an internet or 

25 digital communication transmitted in a text or 


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1 graphic format, shall include, in addition to the re2 quirements of paragraph (3) of subsection (a), the 

3 following: 

4 ‘‘(A) The individual disclosure statement 

5 described in paragraph (2)(A) (if the person 

6 paying for the communication is an individual) 

7 or the organizational disclosure statement de8 scribed in paragraph (2)(B) (if the person pay9 ing for the communication is not an individual). 

10 ‘‘(B) If the communication is transmitted 

11 in a video format, or is an internet or digital 

12 communication which is transmitted in a text or 

13 graphic format, and is paid for in whole or in 

14 part with a payment which is treated as a cam15 paign-related disbursement under section 324— 

16 ‘‘(i) the Top Five Funders list (if ap17 plicable); or 

18 ‘‘(ii) in the case of a communication 

19 which, as determined on the basis of cri20 teria established in regulations issued by 

21 the Commission, is of such short duration 

22 that including the Top Five Funders list in 

23 the communication would constitute a 

24 hardship to the person paying for the com25 munication by requiring a disproportionate 


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1 amount of the content of the communica2 tion to consist of the Top Five Funders 

3 list, the name of a website which contains 

4 the Top Five Funders list (if applicable) 

5 or, in the case of an internet or digital 

6 communication, a hyperlink to such 

7 website. 

8 ‘‘(C) If the communication is transmitted 

9 in an audio format and is paid for in whole or 

10 in part with a payment which is treated as a 

11 campaign-related disbursement under section 

12 324— 

13 ‘‘(i) the Top Two Funders list (if ap14 plicable); or 

15 ‘‘(ii) in the case of a communication 

16 which, as determined on the basis of cri17 teria established in regulations issued by 

18 the Commission, is of such short duration 

19 that including the Top Two Funders list in 

20 the communication would constitute a 

21 hardship to the person paying for the com22 munication by requiring a disproportionate 

23 amount of the content of the communica24 tion to consist of the Top Two Funders 


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1 list, the name of a website which contains 

2 the Top Two Funders list (if applicable). 

3 ‘‘(2) DISCLOSURE STATEMENTS DESCRIBED.— 

4 ‘‘(A) INDIVIDUAL DISCLOSURE STATE5 MENTS.—The individual disclosure statement 

6 described in this subparagraph is the following: 

7 ‘I am llllllll, and I approve this 

8 message.’, with the blank filled in with the 

9 name of the applicable individual. 

10 ‘‘(B) ORGANIZATIONAL DISCLOSURE

11 STATEMENTS.—The organizational disclosure 

12 statement described in this subparagraph is the 

13 following: ‘I am llllllll, the 

14 llllllll of llllllll, and 

15 llllllll approves this message.’, 

16 with— 

17 ‘‘(i) the first blank to be filled in with 

18 the name of the applicable individual; 

19 ‘‘(ii) the second blank to be filled in 

20 with the title of the applicable individual; 

21 and 

22 ‘‘(iii) the third and fourth blank each 

23 to be filled in with the name of the organi24 zation or other person paying for the com25 munication. 


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1 ‘‘(3) METHOD OF CONVEYANCE OF STATE2 MENT.— 

3 ‘‘(A) COMMUNICATIONS IN TEXT OR

4 GRAPHIC FORMAT.—In the case of a commu5 nication to which this subsection applies which 

6 is transmitted in a text or graphic format, the 

7 disclosure statements required under paragraph 

8 (1) shall appear in letters at least as large as 

9 the majority of the text in the communication. 

10 ‘‘(B) COMMUNICATIONS TRANSMITTED IN

11 AUDIO FORMAT.—In the case of a communica12 tion to which this subsection applies which is 

13 transmitted in an audio format, the disclosure 

14 statements required under paragraph (1) shall 

15 be made by audio by the applicable individual 

16 in a clear and conspicuous manner. 

17 ‘‘(C) COMMUNICATIONS TRANSMITTED IN

18 VIDEO FORMAT.—In the case of a communica19 tion to which this subsection applies which is 

20 transmitted in a video format, the information 

21 required under paragraph (1)— 

22 ‘‘(i) shall appear in writing at the end 

23 of the communication or in a crawl along 

24 the bottom of the communication in a clear 

25 and conspicuous manner, with a reasonable 


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1 degree of color contrast between the back2 ground and the printed statement, for a 

3 period of at least 6 seconds; and 

4 ‘‘(ii) shall also be conveyed by an 

5 unobscured, full-screen view of the applica6 ble individual or by the applicable indi7 vidual making the statement in voice-over 

8 accompanied by a clearly identifiable pho9 tograph or similar image of the individual, 

10 except in the case of a Top Five Funders 

11 list. 

12 ‘‘(4) APPLICABLE INDIVIDUAL DEFINED.—The 

13 term ‘applicable individual’ means, with respect to a 

14 communication to which this subsection applies— 

15 ‘‘(A) if the communication is paid for by 

16 an individual, the individual involved; 

17 ‘‘(B) if the communication is paid for by a 

18 corporation, the chief executive officer of the 

19 corporation (or, if the corporation does not have 

20 a chief executive officer, the highest ranking of21 ficial of the corporation); 

22 ‘‘(C) if the communication is paid for by a 

23 labor organization, the highest ranking officer 

24 of the labor organization; and 


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1 ‘‘(D) if the communication is paid for by 

2 any other person, the highest ranking official of 

3 such person. 

4 ‘‘(5) TOP FIVE FUNDERS LIST AND TOP TWO

5 FUNDERS LIST DEFINED.— 

6 ‘‘(A) TOP FIVE FUNDERS LIST.—The term 

7 ‘Top Five Funders list’ means, with respect to 

8 a communication which is paid for in whole or 

9 in part with a campaign-related disbursement 

10 (as defined in section 324), a list of the five 

11 persons who, during the 12-month period end12 ing on the date of the disbursement, provided 

13 the largest payments of any type in an aggre14 gate amount equal to or exceeding $10,000 to 

15 the person who is paying for the communication 

16 and the amount of the payments each such per17 son provided. If two or more people provided 

18 the fifth largest of such payments, the person 

19 paying for the communication shall select one of 

20 those persons to be included on the Top Five 

21 Funders list. 

22 ‘‘(B) TOP TWO FUNDERS LIST.—The term 

23 ‘Top Two Funders list’ means, with respect to 

24 a communication which is paid for in whole or 

25 in part with a campaign-related disbursement 


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1 (as defined in section 324), a list of the persons 

2 who, during the 12-month period ending on the 

3 date of the disbursement, provided the largest 

4 and the second largest payments of any type in 

5 an aggregate amount equal to or exceeding 

6 $10,000 to the person who is paying for the 

7 communication and the amount of the pay8 ments each such person provided. If two or 

9 more persons provided the second largest of 

10 such payments, the person paying for the com11 munication shall select one of those persons to 

12 be included on the Top Two Funders list. 

13 ‘‘(C) EXCLUSION OF CERTAIN PAY14 MENTS.—For purposes of subparagraphs (A) 

15 and (B), in determining the amount of pay16 ments made by a person to a person paying for 

17 a communication, there shall be excluded the 

18 following: 

19 ‘‘(i) Any amounts provided in the or20 dinary course of any trade or business con21 ducted by the person paying for the com22 munication or in the form of investments 

23 in the person paying for the communica24 tion. 


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1 ‘‘(ii) Any payment which the person 

2 prohibited, in writing, from being used for 

3 campaign-related disbursements, but only 

4 if the person paying for the communication 

5 agreed to follow the prohibition and depos6 ited the payment in an account which is 

7 segregated from any account used to make 

8 campaign-related disbursements. 

9 ‘‘(6) SPECIAL RULES FOR CERTAIN COMMU10 NICATIONS.— 

11 ‘‘(A) EXCEPTION FOR COMMUNICATIONS

12 PAID FOR BY POLITICAL PARTIES AND CERTAIN

13 POLITICAL COMMITTEES.—This subsection does 

14 not apply to any communication to which sub15 section (d)(2) applies. 

16 ‘‘(B) TREATMENT OF VIDEO COMMUNICA17 TIONS LASTING 10 SECONDS OR LESS.—In the 

18 case of a communication to which this sub19 section applies which is transmitted in a video 

20 format, or is an internet or digital communica21 tion which is transmitted in a text or graphic 

22 format, the communication shall meet the fol23 lowing requirements: 

24 ‘‘(i) The communication shall include 

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1 scribed in paragraph (2)(A) (if the person 

2 paying for the communication is an indi3 vidual) or the organizational disclosure 

4 statement described in paragraph (2)(B) 

5 (if the person paying for the communica6 tion is not an individual). 

7 ‘‘(ii) The statement described in 

8 clause (i) shall appear in writing at the 

9 end of the communication, or in a crawl 

10 along the bottom of the communication, in 

11 a clear and conspicuous manner, with a 

12 reasonable degree of color contrast between 

13 the background and the printed statement, 

14 for a period of at least 4 seconds. 

15 ‘‘(iii) The communication shall in16 clude, in a clear and conspicuous manner, 

17 a website address with a landing page 

18 which will provide all of the information 

19 described in paragraph (1) with respect to 

20 the communication. Such address shall ap21 pear for the full duration of the commu22 nication. 

23 ‘‘(iv) To the extent that the format in 

24 which the communication is made permits 

25 the use of a hyperlink, the communication 


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1 shall include a hyperlink to the website ad2 dress described in clause (iii).’’. 

3 (b) APPLICATION OF EXPANDED REQUIREMENTS TO

4 PUBLIC COMMUNICATIONS CONSISTING OF CAMPAIGN5 RELATED DISBURSEMENTS.—Section 318(a) of such Act 

6 (52 U.S.C. 30120(a)) is amended by striking ‘‘for the pur7 pose of financing communications expressly advocating the 

8 election or defeat of a clearly identified candidate’’ and 

9 inserting ‘‘for a campaign-related disbursement, as de10 fined in section 324, consisting of a public communica11 tion’’. 

12 (c) EXCEPTION FOR COMMUNICATIONS PAID FOR BY

13 POLITICAL PARTIES AND CERTAIN POLITICAL COMMIT14 TEES.—Section 318(d)(2) of such Act (52 U.S.C. 

15 30120(d)(2)) is amended— 

16 (1) in the heading, by striking ‘‘OTHERS’’ and 

17 inserting ‘‘CERTAIN POLITICAL COMMITTEES’’; 

18 (2) by striking ‘‘Any communication’’ and in19 serting ‘‘(A) Any communication’’; 

20 (3) by inserting ‘‘which (except to the extent 

21 provided in subparagraph (B)) is paid for by a polit22 ical committee (including a political committee of a 

23 political party) and’’ after ‘‘subsection (a)’’; 

24 (4) by striking ‘‘or other person’’ each place it 

25 appears; and 


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1 (5) by adding at the end the following new sub2 paragraph: 

3 ‘‘(B)(i) This paragraph does not apply to a 

4 communication paid for in whole or in part during 

5 a calendar year with a campaign-related disburse6 ment, but only if the covered organization making 

7 the campaign-related disbursement made campaign8 related disbursements (as defined in section 324) ag9 gregating more than $10,000 during such calendar 

10 year. 

11 ‘‘(ii) For purposes of clause (i), in determining 

12 the amount of campaign-related disbursements made 

13 by a covered organization during a year, there shall 

14 be excluded the following: 

15 ‘‘(I) Any amounts received by the covered 

16 organization in the ordinary course of any trade 

17 or business conducted by the covered organiza18 tion or in the form of investments in the cov19 ered organization. 

20 ‘‘(II) Any amounts received by the covered 

21 organization from a person who prohibited, in 

22 writing, the organization from using such 

23 amounts for campaign-related disbursements, 

24 but only if the covered organization agreed to 

25 follow the prohibition and deposited the 


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1 amounts in an account which is segregated 

2 from any account used to make campaign-re3 lated disbursements.’’. 

4 SEC. 4303. DISCLAIMER REQUIREMENTS FOR COMMUNICA5 TIONS MADE THROUGH PRERECORDED TELE6 PHONE CALLS. 

7 (a) APPLICATION OF REQUIREMENTS.— 

8 (1) IN GENERAL.—Section 318(a) of the Fed9 eral Election Campaign Act of 1971 (52 U.S.C. 

10 30120(a)), as amended by section 4205(c), is 

11 amended by inserting after ‘‘public communication’’ 

12 each place it appears the following: ‘‘(including a 

13 telephone call consisting in substantial part of a 

14 prerecorded audio message)’’. 

15 (2) APPLICATION TO COMMUNICATIONS SUB16 JECT TO EXPANDED DISCLAIMER REQUIREMENTS.— 

17 Section 318(e)(1) of such Act (52 U.S.C. 

18 30120(e)(1)), as added by section 4302(a), is 

19 amended in the matter preceding subparagraph (A) 

20 by striking ‘‘which is transmitted in an audio or 

21 video format’’ and inserting ‘‘which is transmitted in 

22 an audio or video format or which consists of a tele23 phone call consisting in substantial part of a 

24 prerecorded audio message’’. 


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1 (b) TREATMENT AS COMMUNICATION TRANSMITTED

2 IN AUDIO FORMAT.— 

3 (1) COMMUNICATIONS BY CANDIDATES OR AU4 THORIZED PERSONS.—Section 318(d) of such Act 

5 (52 U.S.C. 30120(d)) is amended by adding at the 

6 end the following new paragraph: 

7 ‘‘(3) PRERECORDED TELEPHONE CALLS.—Any 

8 communication described in paragraph (1), (2), or 

9 (3) of subsection (a) (other than a communication 

10 which is subject to subsection (e)) which is a tele11 phone call consisting in substantial part of a 

12 prerecorded audio message shall include, in addition 

13 to the requirements of such paragraph, the audio 

14 statement required under subparagraph (A) of para15 graph (1) or the audio statement required under 

16 paragraph (2) (whichever is applicable), except that 

17 the statement shall be made at the beginning of the 

18 telephone call.’’. 

19 (2) COMMUNICATIONS SUBJECT TO EXPANDED

20 DISCLAIMER REQUIREMENTS.—Section 318(e)(3) of 

21 such Act (52 U.S.C. 30120(e)(3)), as added by sec22 tion 4302(a), is amended by adding at the end the 

23 following new subparagraph: 

24 ‘‘(D) PRERECORDED TELEPHONE

25 CALLS.—In the case of a communication to 


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1 which this subsection applies which is a tele2 phone call consisting in substantial part of a 

3 prerecorded audio message, the communication 

4 shall be considered to be transmitted in an 

5 audio format.’’. 

6 SEC. 4304. NO EXPANSION OF PERSONS SUBJECT TO DIS7 CLAIMER REQUIREMENTS ON INTERNET 

8 COMMUNICATIONS. 

9 Nothing in this subtitle or the amendments made by 

10 this subtitle may be construed to require any person who 

11 is not required under section 318 of the Federal Election 

12 Campaign Act of 1971 (as provided under section 110.11 

13 of title 11 of the Code of Federal Regulations) to include 

14 a disclaimer on communications made by the person 

15 through the internet to include any disclaimer on any such 

16 communications. 

17 SEC. 4305. EFFECTIVE DATE. 

18 The amendments made by this subtitle shall apply 

19 with respect to communications made on or after January 

20 1, 2020, and shall take effect without regard to whether 

21 or not the Federal Election Commission has promulgated 

22 regulations to carry out such amendments. 


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1 Subtitle E—Secret Money 

2 Transparency 

3 SEC. 4401. REPEAL OF RESTRICTION OF USE OF FUNDS BY 

4 INTERNAL REVENUE SERVICE TO BRING 

5 TRANSPARENCY TO POLITICAL ACTIVITY OF 

6 CERTAIN NONPROFIT ORGANIZATIONS. 

7 Section 124 of the Financial Services and General 

8 Government Appropriations Act, 2019 (division D of Pub9 lic Law 116–6) is hereby repealed. 

10 SEC. 4402. REPEAL OF REVENUE PROCEDURE THAT ELIMI11 NATED REQUIREMENT TO REPORT INFORMA12 TION REGARDING CONTRIBUTORS TO CER13 TAIN TAX-EXEMPT ORGANIZATIONS. 

14 Revenue Procedure 2018–38 shall have no force and 

15 effect. 

16 Subtitle F—Shareholder Right-to17 Know 

18 SEC. 4501. REPEAL OF RESTRICTION ON USE OF FUNDS BY 

19 SECURITIES AND EXCHANGE COMMISSION TO 

20 ENSURE SHAREHOLDERS OF CORPORATIONS 

21 HAVE KNOWLEDGE OF CORPORATION POLIT22 ICAL ACTIVITY. 

23 Section 629 of the Financial Services and General 

24 Government Appropriations Act, 2019 (division D of Pub25 lic Law 116–6) is hereby repealed. 


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1 SEC. 4502. SHAREHOLDER APPROVAL OF CORPORATE PO2 LITICAL ACTIVITY. 

3 (a) IN GENERAL.—The Securities Exchange Act of 

4 1934 (15 U.S.C. 78a et seq.) is amended by inserting after 

5 section 14B (15 U.S.C. 78n–2) the following: 

6 ‘‘SEC. 14C. SHAREHOLDER APPROVAL OF CERTAIN POLIT7 ICAL EXPENDITURES AND DISCLOSURE OF 

8 VOTES OF INSTITUTIONAL INVESTORS. 

9 ‘‘(a) DEFINITIONS.—In this section— 

10 ‘‘(1) the term ‘expenditure for political activi11 ties’— 

12 ‘‘(A) means— 

13 ‘‘(i) an independent expenditure (as 

14 defined in section 301(17) of the Federal 

15 Election Campaign Act of 1971 (52 U.S.C. 

16 30101(17))); 

17 ‘‘(ii) an electioneering communication 

18 (as defined in section 304(f)(3) of that Act 

19 (52 U.S.C. 30104(f)(3))) and any other 

20 public communication (as defined in sec21 tion 301(22) of that Act (52 U.S.C. 

22 30101(22))) that would be an election23 eering communication if it were a broad24 cast, cable, or satellite communication; or 

25 ‘‘(iii) dues or other payments to trade 

26 associations or organizations described in 


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1 section 501(c) of the Internal Revenue 

2 Code of 1986 and exempt from tax under 

3 section 501(a) of that Code that are, or 

4 could reasonably be anticipated to be, used 

5 or transferred to another association or or6 ganization for the purposes described in 

7 clauses (i) or (ii); and 

8 ‘‘(B) does not include— 

9 ‘‘(i) direct lobbying efforts through 

10 registered lobbyists employed or hired by 

11 the issuer; 

12 ‘‘(ii) communications by an issuer to 

13 its shareholders and executive or adminis14 trative personnel and their families; or 

15 ‘‘(iii) the establishment and adminis16 tration of contributions to a separate seg17 regated fund to be utilized for political 

18 purposes by a corporation; and 

19 ‘‘(2) the term ‘issuer’ does not include an in20 vestment company registered under section 8 of the 

21 Investment Company Act of 1940 (15 U.S.C. 80a– 

22 8). 

23 ‘‘(b) SHAREHOLDER AUTHORIZATION FOR POLIT24 ICAL EXPENDITURES.—Each solicitation of proxy, conVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00417 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 sent, or authorization by an issuer with a class of equity 

2 securities registered under section 12 shall— 

3 ‘‘(1) contain— 

4 ‘‘(A) a description of the specific nature of 

5 any expenditure for political activities proposed 

6 to be made by the issuer for the forthcoming 

7 fiscal year that has not been authorized by a 

8 vote of the shareholders of the issuer, to the ex9 tent the specific nature is known to the issuer; 

10 and 

11 ‘‘(B) the total amount of expenditures for 

12 political activities proposed to be made by the 

13 issuer for the forthcoming fiscal year; and 

14 ‘‘(2) provide for a separate vote of the share15 holders of the issuer to authorize such expenditures 

16 for political activities in the total amount described 

17 in paragraph (1). 

18 ‘‘(c) VOTE REQUIRED TO MAKE EXPENDITURES.— 

19 No issuer shall make an expenditure for political activities 

20 in any fiscal year unless such expenditure— 

21 ‘‘(1) is of the nature of those proposed by the 

22 issuer in subsection (b)(1); and 

23 ‘‘(2) has been authorized by a vote of the ma24 jority of the outstanding shares of the issuer in ac25 cordance with subsection (b)(2). 


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1 ‘‘(d) FIDUCIARY DUTY; LIABILITY.— 

2 ‘‘(1) FIDUCIARY DUTY.—A violation of sub3 section (c) shall be considered a breach of a fidu4 ciary duty of the officers and directors who author5 ized the expenditure for political activities. 

6 ‘‘(2) LIABILITY.—An officer or director of an 

7 issuer who authorizes an expenditure for political ac8 tivities in violation of subsection (c) shall be jointly 

9 and severally liable in any action brought in a court 

10 of competent jurisdiction to any person or class of 

11 persons who held shares at the time the expenditure 

12 for political activities was made for an amount equal 

13 to 3 times the amount of the expenditure for polit14 ical activities. 

15 ‘‘(e) DISCLOSURE OF VOTES.— 

16 ‘‘(1) DISCLOSURE REQUIRED.—Each institu17 tional investment manager subject to section 13(f) 

18 shall disclose not less frequently than annually how 

19 the institutional investment manager voted on any 

20 shareholder vote under subsection (a), unless the 

21 vote is otherwise required by rule of the Commission 

22 to be reported publicly. 

23 ‘‘(2) RULES.—Not later than 6 months after 

24 the date of enactment of this section, the Commis25 sion shall issue rules to carry out this subsection 


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1 that require that a disclosure required under para2 graph (1)— 

3 ‘‘(A) be made not later than 30 days after 

4 a vote described in paragraph (1); and 

5 ‘‘(B) be made available to the public 

6 through the EDGAR system as soon as prac7 ticable. 

8 ‘‘(f) SAFE HARBOR FOR CERTAIN DIVESTMENT DE9 CISIONS.—Notwithstanding any other provision of Federal 

10 or State law, if an institutional investment manager makes 

11 the disclosures required under subsection (e), no person 

12 may bring any civil, criminal, or administrative action 

13 against the institutional investment manager, or any em14 ployee, officer, or director thereof, based solely upon a de15 cision of the investment manager to divest from, or not 

16 to invest in, securities of an issuer due to an expenditure 

17 for political activities made by the issuer.’’. 

18 (b) REQUIRED BOARD VOTE ON CORPORATE EX19 PENDITURES FOR POLITICAL ACTIVITIES.—The Securi20 ties Exchange Act of 1934 (15 U.S.C. 78 et seq.) is 

21 amended by adding after section 16 (15 U.S.C. 78p) the 

22 following: 


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1 ‘‘SEC. 16A. REQUIRED BOARD VOTE ON CORPORATE EX2 PENDITURES FOR POLITICAL ACTIVITIES. 

3 ‘‘(a) DEFINITIONS.—In this section, the terms ‘ex4 penditure for political activities’ and ‘issuer’ have the 

5 meanings given the terms in section 14C. 

6 ‘‘(b) LISTING ON EXCHANGES.—Not later than 180 

7 days after the date of enactment of this section, the Com8 mission shall, by rule, direct the national securities ex9 changes and national securities associations to prohibit the 

10 listing of any class of equity security of an issuer that 

11 is not in compliance with the requirements of any portion 

12 of subsection (c). 

13 ‘‘(c) REQUIREMENT FOR VOTE IN CORPORATE BY14 LAWS.— 

15 ‘‘(1) VOTE REQUIRED.—The bylaws of an 

16 issuer shall expressly provide for a vote of the board 

17 of directors of the issuer on— 

18 ‘‘(A) any expenditure for political activities 

19 in excess of $50,000; and 

20 ‘‘(B) any expenditure for political activities 

21 that would result in the total amount spent by 

22 the issuer for a particular election (as defined 

23 in section 301(1) of the Federal Election Cam24 paign Act of 1971 (52 U.S.C. 30101(1))) in ex25 cess of $50,000. 


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1 ‘‘(2) PUBLIC AVAILABILITY.—An issuer shall 

2 make the votes of each member of the board of di3 rectors for a vote required under paragraph (1) pub4 licly available not later than 48 hours after the vote, 

5 including in a clear and conspicuous location on the 

6 internet web site of the issuer. 

7 ‘‘(d) NO EFFECT ON DETERMINATION OF COORDINA8 TION WITH CANDIDATES OR CAMPAIGNS.—For purposes 

9 of the Federal Election Campaign Act of 1971 (52 U.S.C. 

10 30101 et seq.), an expenditure for political activities by 

11 an issuer shall not be treated as made in concert or co12 operation with, or at the request or suggestion of, any can13 didate or committee solely because a member of the board 

14 of directors of the issuer voted on the expenditure as re15 quired under this section.’’. 

16 (c) REPORTING REQUIREMENTS.—Section 13 of the 

17 Securities Exchange Act of 1934 (15 U.S.C. 78m) is 

18 amended by adding at the end the following: 

19 ‘‘(s) REPORTING REQUIREMENTS RELATING TO CER20 TAIN POLITICAL EXPENDITURES.— 

21 ‘‘(1) DEFINITIONS.—In this subsection, the 

22 terms ‘expenditure for political activities’ and 

23 ‘issuer’ have the meanings given the terms in section 

24 14C. 

25 ‘‘(2) QUARTERLY REPORTS.— 


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1 ‘‘(A) REPORTS REQUIRED.—Not later than 

2 180 days after the date of enactment of this 

3 subsection, the Commission shall amend the re4 porting rules under this section to require each 

5 issuer with a class of equity securities reg6 istered under section 12 of this title to submit 

7 to the Commission and the shareholders of the 

8 issuer a quarterly report containing— 

9 ‘‘(i) a description of any expenditure 

10 for political activities made during the pre11 ceding quarter; 

12 ‘‘(ii) the date of each expenditure for 

13 political activities; 

14 ‘‘(iii) the amount of each expenditure 

15 for political activities; 

16 ‘‘(iv) the votes of each member of the 

17 board of directors authorizing the expendi18 ture for political activity, as required under 

19 section 16A(c); 

20 ‘‘(v) if the expenditure for political ac21 tivities was made in support of or opposed 

22 to a candidate, the name of the candidate 

23 and the office sought by, and the political 

24 party affiliation of, the candidate; and 


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1 ‘‘(vi) the name or identity of trade as2 sociations or organizations described in 

3 section 501(c) of the Internal Revenue 

4 Code of 1986 and exempt from tax under 

5 section 501(a) of such Code which receive 

6 dues or other payments as described in 

7 section 14C(a)(1)(A)(iii). 

8 ‘‘(B) PUBLIC AVAILABILITY.—The Com9 mission shall ensure that, to the greatest extent 

10 practicable, the quarterly reports required 

11 under this paragraph are publicly available 

12 through the internet web site of the Commis13 sion and through the EDGAR system in a man14 ner that is searchable, sortable, and download15 able, consistent with the requirements under 

16 section 24. 

17 ‘‘(3) ANNUAL REPORTS.—Not later than 180 

18 days after the date of enactment of this subsection, 

19 the Commission shall, by rule, require each issuer to 

20 include in the annual report of the issuer to share21 holders a summary of each expenditure for political 

22 activities made during the preceding year in excess 

23 of $10,000, and each expenditure for political activi24 ties for a particular election if the total amount of 


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1 such expenditures for that election is in excess of 

2 $10,000.’’. 

3 (d) REPORTS.— 

4 (1) SECURITIES AND EXCHANGE COMMIS5 SION.—The Securities and Exchange Commission 

6 shall— 

7 (A) conduct an annual assessment of the 

8 compliance of issuers and officers and members 

9 of the boards of directors of issuers with sec10 tions 13(s), 14C, and 16A of the Securities Ex11 change Act of 1934, as added by this section; 

12 and 

13 (B) submit to Congress an annual report 

14 containing the results of the assessment under 

15 paragraph (1). 

16 (2) GOVERNMENT ACCOUNTABILITY OFFICE.— 

17 The Comptroller General of the United States shall 

18 periodically evaluate and report to Congress on the 

19 effectiveness of the oversight by the Securities and 

20 Exchange Commission of the reporting and disclo21 sure requirements under sections 13(s), 14C, and 

22 16A of the Securities Exchange Act of 1934, as 

23 added by this section. 


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1 Subtitle G—Disclosure of Political 

2 Spending by Government Con3 tractors 

4 SEC. 4601. REPEAL OF RESTRICTION ON USE OF FUNDS TO 

5 REQUIRE DISCLOSURE OF POLITICAL SPEND6 ING BY GOVERNMENT CONTRACTORS. 

7 Section 735 of the Financial Services and General 

8 Government Appropriations Act, 2019 (division D of Pub9 lic Law 116–6) is hereby repealed. 

10 Subtitle H—Limitation and Disclo11 sure Requirements for Presi12 dential Inaugural Committees 

13 SEC. 4701. SHORT TITLE. 

14 This subtitle may be cited as the ‘‘Presidential Inau15 gural Committee Oversight Act’’. 

16 SEC. 4702. LIMITATIONS AND DISCLOSURE OF CERTAIN DO17 NATIONS TO, AND DISBURSEMENTS BY, INAU18 GURAL COMMITTEES. 

19 (a) REQUIREMENTS FOR INAUGURAL COMMIT20 TEES.—Title III of the Federal Election Campaign Act 

21 of 1971 (52 U.S.C. 30101 et seq.) is amended by adding 

22 at the end the following new section: 

23 ‘‘SEC. 325. INAUGURAL COMMITTEES. 

24 ‘‘(a) PROHIBITED DONATIONS.— 

25 ‘‘(1) IN GENERAL.—It shall be unlawful— 


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1 ‘‘(A) for an Inaugural Committee— 

2 ‘‘(i) to solicit, accept, or receive a do3 nation from a person that is not an indi4 vidual; or 

5 ‘‘(ii) to solicit, accept, or receive a do6 nation from a foreign national; 

7 ‘‘(B) for a person— 

8 ‘‘(i) to make a donation to an Inau9 gural Committee in the name of another 

10 person, or to knowingly authorize his or 

11 her name to be used to effect such a dona12 tion; 

13 ‘‘(ii) to knowingly accept a donation 

14 to an Inaugural Committee made by a per15 son in the name of another person; or 

16 ‘‘(iii) to convert a donation to an In17 augural Committee to personal use as de18 scribed in paragraph (2); and 

19 ‘‘(C) for a foreign national to, directly or 

20 indirectly, make a donation, or make an express 

21 or implied promise to make a donation, to an 

22 Inaugural Committee. 

23 ‘‘(2) CONVERSION OF DONATION TO PERSONAL

24 USE.—For purposes of paragraph (1)(B)(iii), a do25 nation shall be considered to be converted to perVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00427 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 sonal use if any part of the donated amount is used 

2 to fulfill a commitment, obligation, or expense of a 

3 person that would exist irrespective of the respon4 sibilities of the Inaugural Committee under chapter 

5 5 of title 36, United States Code. 

6 ‘‘(3) NO EFFECT ON DISBURSEMENT OF UN7 USED FUNDS TO NONPROFIT ORGANIZATIONS.— 

8 Nothing in this subsection may be construed to pro9 hibit an Inaugural Committee from disbursing un10 used funds to an organization which is described in 

11 section 501(c)(3) of the Internal Revenue Code of 

12 1986 and is exempt from taxation under section 

13 501(a) of such Code. 

14 ‘‘(b) LIMITATION ON DONATIONS.— 

15 ‘‘(1) IN GENERAL.—It shall be unlawful for an 

16 individual to make donations to an Inaugural Com17 mittee which, in the aggregate, exceed $50,000. 

18 ‘‘(2) INDEXING.—At the beginning of each 

19 Presidential election year (beginning with 2024), the 

20 amount described in paragraph (1) shall be in21 creased by the cumulative percent difference deter22 mined in section 315(c)(1)(A) since the previous 

23 Presidential election year. If any amount after such 

24 increase is not a multiple of $1,000, such amount 

25 shall be rounded to the nearest multiple of $1,000. 


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1 ‘‘(c) DISCLOSURE OF CERTAIN DONATIONS AND DIS2 BURSEMENTS.— 

3 ‘‘(1) DONATIONS OVER $1,000.— 

4 ‘‘(A) IN GENERAL.—An Inaugural Com5 mittee shall file with the Commission a report 

6 disclosing any donation by an individual to the 

7 committee in an amount of $1,000 or more not 

8 later than 24 hours after the receipt of such do9 nation. 

10 ‘‘(B) CONTENTS OF REPORT.—A report 

11 filed under subparagraph (A) shall contain— 

12 ‘‘(i) the amount of the donation; 

13 ‘‘(ii) the date the donation is received; 

14 and 

15 ‘‘(iii) the name and address of the in16 dividual making the donation. 

17 ‘‘(2) FINAL REPORT.—Not later than the date 

18 that is 90 days after the date of the Presidential in19 augural ceremony, the Inaugural Committee shall 

20 file with the Commission a report containing the fol21 lowing information: 

22 ‘‘(A) For each donation of money or any23 thing of value made to the committee in an ag24 gregate amount equal to or greater than 

25 $200— 


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1 ‘‘(i) the amount of the donation; 

2 ‘‘(ii) the date the donation is received; 

3 and 

4 ‘‘(iii) the name and address of the in5 dividual making the donation. 

6 ‘‘(B) The total amount of all disburse7 ments, and all disbursements in the following 

8 categories: 

9 ‘‘(i) Disbursements made to meet 

10 committee operating expenses. 

11 ‘‘(ii) Repayment of all loans. 

12 ‘‘(iii) Donation refunds and other off13 sets to donations. 

14 ‘‘(iv) Any other disbursements. 

15 ‘‘(C) The name and address of each per16 son— 

17 ‘‘(i) to whom a disbursement in an ag18 gregate amount or value in excess of $200 

19 is made by the committee to meet a com20 mittee operating expense, together with 

21 date, amount, and purpose of such oper22 ating expense; 

23 ‘‘(ii) who receives a loan repayment 

24 from the committee, together with the date 

25 and amount of such loan repayment; 


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1 ‘‘(iii) who receives a donation refund 

2 or other offset to donations from the com3 mittee, together with the date and amount 

4 of such disbursement; and 

5 ‘‘(iv) to whom any other disbursement 

6 in an aggregate amount or value in excess 

7 of $200 is made by the committee, to8 gether with the date and amount of such 

9 disbursement. 

10 ‘‘(d) DEFINITIONS.—For purposes of this section: 

11 ‘‘(1)(A) The term ‘donation’ includes— 

12 ‘‘(i) any gift, subscription, loan, ad13 vance, or deposit of money or anything of 

14 value made by any person to the com15 mittee; or 

16 ‘‘(ii) the payment by any person of 

17 compensation for the personal services of 

18 another person which are rendered to the 

19 committee without charge for any purpose. 

20 ‘‘(B) The term ‘donation’ does not include 

21 the value of services provided without com22 pensation by any individual who volunteers on 

23 behalf of the committee. 

24 ‘‘(2) The term ‘foreign national’ has the mean25 ing given that term by section 319(b). 


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1 ‘‘(3) The term ‘Inaugural Committee’ has the 

2 meaning given that term by section 501 of title 36, 

3 United States Code.’’. 

4 (b) CONFIRMING AMENDMENT RELATED TO RE5 PORTING REQUIREMENTS.—Section 304 of the Federal 

6 Election Campaign Act of 1971 (52 U.S.C. 30104) is 

7 amended— 

8 (1) by striking subsection (h); and 

9 (2) by redesignating subsection (i) as subsection 

10 (h). 

11 (c) CONFORMING AMENDMENT RELATED TO STATUS

12 OF COMMITTEE.—Section 510 of title 36, United States 

13 Code, is amended to read as follows: 

14 ‘‘§ 510. Disclosure of and prohibition on certain dona15 tions 

16 ‘‘A committee shall not be considered to be the Inau17 gural Committee for purposes of this chapter unless the 

18 committee agrees to, and meets, the requirements of sec19 tion 325 of the Federal Election Campaign Act of 1971.’’. 

20 (d) EFFECTIVE DATE.—The amendments made by 

21 this Act shall apply with respect to Inaugural Committees 

22 established under chapter 5 of title 36, United States 

23 Code, for inaugurations held in 2021 and any succeeding 

24 year. 


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1 Subtitle I—Severability 

2 SEC. 4801. SEVERABILITY. 

3 If any provision of this title or amendment made by 

4 this title, or the application of a provision or amendment 

5 to any person or circumstance, is held to be unconstitu6 tional, the remainder of this title and amendments made 

7 by this title, and the application of the provisions and 

8 amendment to any person or circumstance, shall not be 

9 affected by the holding. 

10 TITLE V—CAMPAIGN FINANCE 

11 EMPOWERMENT 

12 Subtitle A—Findings Relating to 

13 Citizens United Decision 

14 SEC. 5001. FINDINGS RELATING TO CITIZENS UNITED DECI15 SION. 

16 Congress finds the following: 

17 (1) The American Republic was founded on the 

18 principle that all people are created equal, with 

19 rights and responsibilities as citizens to vote, be rep20 resented, speak, debate, and participate in self-gov21 ernment on equal terms regardless of wealth. To se22 cure these rights and responsibilities, our Constitu23 tion not only protects the equal rights of all Ameri24 cans but also provides checks and balances to preVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00433 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 vent corruption and prevent concentrated power and 

2 wealth from undermining effective self-government. 

3 (2) The Supreme Court’s decisions in Citizens 

4 United v. Federal Election Commission, 558 U.S. 

5 310 (2010) and McCutcheon v. FEC, 572 U.S. 185 

6 (2014), as well as other court decisions, erroneously 

7 invalidated even-handed rules about the spending of 

8 money in local, State, and Federal elections. These 

9 flawed decisions have empowered large corporations, 

10 extremely wealthy individuals, and special interests 

11 to dominate election spending, corrupt our politics, 

12 and degrade our democracy through tidal waves of 

13 unlimited and anonymous spending. These decisions 

14 also stand in contrast to a long history of efforts by 

15 Congress and the States to regulate money in poli16 tics to protect democracy, and they illustrate a trou17 bling deregulatory trend in campaign finance-related 

18 court decisions. Additionally, an unknown amount of 

19 foreign money continues to be spent in our political 

20 system as subsidiaries of foreign-based corporations 

21 and hostile foreign actors sometimes connected to 

22 nation-States work to influence our elections. 

23 (3) The Supreme Court’s misinterpretation of 

24 the Constitution to empower monied interests at the 

25 expense of the American people in elections has seriVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00434 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 ously eroded over 100 years of congressional action 

2 to promote fairness and protect elections from the 

3 toxic influence of money. 

4 (4) In 1907, Congress passed the Tillman Act 

5 in response to the concentration of corporate power 

6 in the post-Civil War Gilded Age. The Act prohibited 

7 corporations from making contributions in connec8 tion with Federal elections, aiming ‘‘not merely to 

9 prevent the subversion of the integrity of the elec10 toral process [but] * * * to sustain the active, alert 

11 responsibility of the individual citizen in a democ12 racy for the wise conduct of government’’. 

13 (5) By 1910, Congress began passing disclosure 

14 requirements and campaign expenditure limits, and 

15 dozens of States passed corrupt practices Acts to 

16 prohibit corporate spending in elections. States also 

17 enacted campaign spending limits, and some States 

18 limited the amount that people could contribute to 

19 campaigns. 

20 (6) In 1947, the Taft-Hartley Act prohibited 

21 corporations and unions from making campaign con22 tributions or other expenditures to influence elec23 tions. In 1962, a Presidential commission on election 

24 spending recommended spending limits and incenVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00435 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 tives to increase small contributions from more peo2 ple. 

3 (7) The Federal Election Campaign Act of 

4 1971 (FECA), as amended in 1974, required disclo5 sure of contributions and expenditures, imposed con6 tribution and expenditure limits for individuals and 

7 groups, set spending limits for campaigns, can8 didates, and groups, implemented a public funding 

9 system for Presidential campaigns, and created the 

10 Federal Election Commission to oversee and enforce 

11 the new rules. 

12 (8) In the wake of Citizens United and other 

13 damaging Federal court decisions, Americans have 

14 witnessed an explosion of outside spending in elec15 tions. Outside spending increased nearly 900 percent 

16 between the 2008 and 2016 Presidential election 

17 years. Indeed, the 2018 elections once again made 

18 clear the overwhelming political power of wealthy 

19 special interests, to the tune of over $5,000,000,000. 

20 And as political entities adapt to a post-Citizens 

21 United, post-McCutcheon landscape, these trends 

22 are getting worse, as evidenced by the experience in 

23 the 2018 midterm congressional elections, where 

24 outside spending more than doubled from the pre25 vious midterm cycle. 


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1 (9) The torrent of money flowing into our polit2 ical system has a profound effect on the democratic 

3 process for everyday Americans, whose voices and 

4 policy preferences are increasingly being drowned 

5 out by those of wealthy special interests. The more 

6 campaign cash from wealthy special interests can 

7 flood our elections, the more policies that favor those 

8 interests are reflected in the national political agen9 da. When it comes to policy preferences, our Na10 tion’s wealthiest tend to have fundamentally dif11 ferent views than do average Americans when it 

12 comes to issues ranging from unemployment benefits 

13 to the minimum wage to health care coverage. 

14 (10) The Court has tied the hands of Congress 

15 and the States, severely restricting them from set16 ting reasonable limits on campaign spending. For 

17 example, the Court has held that only the Govern18 ment’s interest in preventing quid pro quo corrup19 tion, like bribery, or the appearance of such corrup20 tion, can justify limits on campaign contributions. 

21 More broadly, the Court has severely curtailed at22 tempts to reduce the ability of the Nation’s wealthi23 est and most powerful to skew our democracy in 

24 their favor by buying outsized influence in our elec25 tions. Because this distortion of the Constitution has 


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1 prevented truly meaningful regulation or reform of 

2 the way we finance elections in America, a constitu3 tional amendment is needed to achieve a democracy 

4 for all the people. 

5 (11) Since the landmark Citizens United deci6 sion, 19 States and nearly 800 municipalities, in7 cluding large cities like New York, Los Angeles, Chi8 cago, and Philadelphia, have gone on record sup9 porting a constitutional amendment. Transcending 

10 political leanings and geographic location, voters in 

11 States and municipalities across the country that 

12 have placed amendment questions on the ballot have 

13 routinely supported these initiatives by considerably 

14 large margins. 

15 (12) At the same time millions of Americans 

16 have signed petitions, marched, called their Members 

17 of Congress, written letters to the editor, and other18 wise demonstrated their public support for a con19 stitutional amendment to overturn Citizens United 

20 that will allow Congress to reign in the outsized in21 fluence of unchecked money in politics. Dozens of 

22 organizations, representing tens of millions of indi23 viduals, have come together in a shared strategy of 

24 supporting such an amendment. 


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1 (13) In order to protect the integrity of democ2 racy and the electoral process and to ensure political 

3 equality for all, the Constitution should be amended 

4 so that Congress and the States may regulate and 

5 set limits on the raising and spending of money to 

6 influence elections and may distinguish between nat7 ural persons and artificial entities, like corporations, 

8 that are created by law, including by prohibiting 

9 such artificial entities from spending money to influ10 ence elections. 

11 Subtitle B—Senate Elections 

12 SEC. 5100. SHORT TITLE. 

13 This subtitle may be cited as the ‘‘Fair Elections Now 

14 Act of 2019’’. 

15 PART 1—SMALL DONOR INCENTIVE PROGRAMS 

16 SEC. 5101. SENSE OF THE SENATE REGARDING SMALL 

17 DONOR INCENTIVE PROGRAMS. 

18 It is the sense of the Senate that Congress should 

19 take steps to allow more Americans to fully participate 

20 in our democracy through authorizing publicly financed 

21 small donor incentive programs, including small-dollar 

22 voucher programs that broaden and diversify the number 

23 of Americans who are able to have their voice heard in 

24 the marketplace of ideas. 


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1 PART 2—SMALL DOLLAR FINANCING OF SENATE 

2 ELECTION CAMPAIGNS 

3 SEC. 5111. ELIGIBILITY REQUIREMENTS AND BENEFITS OF 

4 FAIR ELECTIONS FINANCING OF SENATE 

5 ELECTION CAMPAIGNS. 

6 The Federal Election Campaign Act of 1971 (52 

7 U.S.C. 30101 et seq.) is amended by adding at the end 

8 the following: 

9 ‘‘TITLE V—FAIR ELECTIONS FI10 NANCING OF SENATE ELEC11 TION CAMPAIGNS 

12 ‘‘Subtitle A—General Provisions 

13 ‘‘SEC. 501. DEFINITIONS. 

14 ‘‘In this title: 

15 ‘‘(1) ALLOCATION FROM THE FUND.—The term 

16 ‘allocation from the Fund’ means an allocation of 

17 money from the Freedom From Influence Fund to 

18 a participating candidate pursuant to section 522. 

19 ‘‘(2) COMMISSION.—The term ‘Commission’ 

20 means the Federal Election Commission. 

21 ‘‘(3) ENHANCED MATCHING CONTRIBUTION.— 

22 The term ‘enhanced matching contribution’ means 

23 an enhanced matching payment provided to a par24 ticipating candidate for qualified small dollar con25 tributions, as provided under section 524. 


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1 ‘‘(4) ENHANCED SUPPORT QUALIFYING PE2 RIOD.—The term ‘enhanced support qualifying pe3 riod’ means, with respect to a general election, the 

4 period which begins 60 days before the date of the 

5 election and ends 14 days before the date of the 

6 election. 

7 ‘‘(5) FAIR ELECTIONS QUALIFYING PERIOD.— 

8 The term ‘Fair Elections qualifying period’ means, 

9 with respect to any candidate for Senator, the pe10 riod— 

11 ‘‘(A) beginning on the date on which the 

12 candidate files a statement of intent under sec13 tion 511(a)(1); and 

14 ‘‘(B) ending on the date that is 30 days 

15 before— 

16 ‘‘(i) the date of the primary election; 

17 or 

18 ‘‘(ii) in the case of a State that does 

19 not hold a primary election, the date pre20 scribed by State law as the last day to 

21 qualify for a position on the general elec22 tion ballot. 

23 ‘‘(6) FAIR ELECTIONS START DATE.—The term 

24 ‘Fair Elections start date’ means, with respect to 

25 any candidate, the date that is 180 days before— 


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1 ‘‘(A) the date of the primary election; or 

2 ‘‘(B) in the case of a State that does not 

3 hold a primary election, the date prescribed by 

4 State law as the last day to qualify for a posi5 tion on the general election ballot. 

6 ‘‘(7) FUND.—The term ‘Fund’ means the Free7 dom From Influence Fund established by section 

8 502. 

9 ‘‘(8) IMMEDIATE FAMILY.—The term ‘imme10 diate family’ means, with respect to any candidate— 

11 ‘‘(A) the candidate’s spouse; 

12 ‘‘(B) a child, stepchild, parent, grand13 parent, brother, half-brother, sister, or half-sis14 ter of the candidate or the candidate’s spouse; 

15 and 

16 ‘‘(C) the spouse of any person described in 

17 subparagraph (B). 

18 ‘‘(9) MATCHING CONTRIBUTION.—The term 

19 ‘matching contribution’ means a matching payment 

20 provided to a participating candidate for qualified 

21 small dollar contributions, as provided under section 

22 523. 

23 ‘‘(10) NONPARTICIPATING CANDIDATE.—The 

24 term ‘nonparticipating candidate’ means a candidate 

25 for Senator who is not a participating candidate. 


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1 ‘‘(11) PARTICIPATING CANDIDATE.—The term 

2 ‘participating candidate’ means a candidate for Sen3 ator who is certified under section 514 as being eli4 gible to receive an allocation from the Fund. 

5 ‘‘(12) QUALIFYING CONTRIBUTION.—The term 

6 ‘qualifying contribution’ means, with respect to a 

7 candidate, a contribution that— 

8 ‘‘(A) is in an amount that is— 

9 ‘‘(i) not less than the greater of $5 or 

10 the amount determined by the Commission 

11 under section 531; and 

12 ‘‘(ii) not more than the greater of 

13 $200 or the amount determined by the 

14 Commission under section 531; 

15 ‘‘(B) is made by an individual— 

16 ‘‘(i) who is a resident of the State in 

17 which such candidate is seeking election; 

18 and 

19 ‘‘(ii) who is not otherwise prohibited 

20 from making a contribution under this Act; 

21 ‘‘(C) is made during the Fair Elections 

22 qualifying period; and 

23 ‘‘(D) meets the requirements of section 

24 512(b). 


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1 ‘‘(13) QUALIFIED SMALL DOLLAR CONTRIBU2 TION.—The term ‘qualified small dollar contribution’ 

3 means, with respect to a candidate, any contribution 

4 (or series of contributions)— 

5 ‘‘(A) which is not a qualifying contribution 

6 (or does not include a qualifying contribution); 

7 ‘‘(B) which is made by an individual who 

8 is not prohibited from making a contribution 

9 under this Act; and 

10 ‘‘(C) the aggregate amount of which does 

11 not exceed the greater of— 

12 ‘‘(i) $200 per election; or 

13 ‘‘(ii) the amount per election deter14 mined by the Commission under section 

15 531. 

16 ‘‘(14) QUALIFYING MULTICANDIDATE POLIT17 ICAL COMMITTEE CONTRIBUTION.— 

18 ‘‘(A) IN GENERAL.—The term ‘qualifying 

19 multicandidate political committee contribution’ 

20 means any contribution to a candidate that is 

21 made from a qualified account of a multi22 candidate political committee (within the mean23 ing of section 315(a)(2)). 

24 ‘‘(B) QUALIFIED ACCOUNT.—For purposes 

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1 count’ means, with respect to a multicandidate 

2 political committee, a separate, segregated ac3 count of the committee that consists solely of 

4 contributions which meet the following require5 ments: 

6 ‘‘(i) All contributions to such account 

7 are made by individuals who are not pro8 hibited from making contributions under 

9 this Act. 

10 ‘‘(ii) The aggregate amount of con11 tributions from each individual to such ac12 count and all other accounts of the polit13 ical committee do not exceed the amount 

14 described in paragraph (13)(C). 

15 ‘‘SEC. 502. FREEDOM FROM INFLUENCE FUND. 

16 ‘‘(a) ESTABLISHMENT.—There is established in the 

17 Treasury a fund to be known as the ‘Freedom From Influ18 ence Fund’. 

19 ‘‘(b) AMOUNTS HELD BY FUND.—The Fund shall 

20 consist of the following amounts: 

21 ‘‘(1) ASSESSMENTS AGAINST FINES, SETTLE22 MENTS, AND PENALTIES.—Amounts transferred 

23 under section 3015 of title 18, United States Code, 

24 section 9707 of title 31, United States Code, and 

25 section 6761 of the Internal Revenue Code of 1986. 


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1 ‘‘(2) DEPOSITS.—Amounts deposited into the 

2 Fund under— 

3 ‘‘(A) section 513(c) (relating to exceptions 

4 to contribution requirements); 

5 ‘‘(B) section 521(c) (relating to remittance 

6 of unused payments from the Fund); and 

7 ‘‘(C) section 532 (relating to violations). 

8 ‘‘(3) INVESTMENT RETURNS.—Interest on, and 

9 the proceeds from, the sale or redemption of any ob10 ligations held by the Fund under subsection (c). 

11 ‘‘(c) INVESTMENT.—The Commission shall invest 

12 portions of the Fund in obligations of the United States 

13 in the same manner as provided under section 9602(b) 

14 of the Internal Revenue Code of 1986. 

15 ‘‘(d) USE OF FUND TO MAKE PAYMENTS TO PAR16 TICIPATING CANDIDATES.— 

17 ‘‘(1) PAYMENTS TO PARTICIPATING CAN18 DIDATES.—Amounts in the Fund shall be available 

19 without further appropriation or fiscal year limita20 tion to make payments to participating candidates 

21 as provided in this title. 

22 ‘‘(2) MANDATORY REDUCTION OF PAYMENTS IN

23 CASE OF INSUFFICIENT AMOUNTS IN FUND.— 

24 ‘‘(A) ADVANCE AUDITS BY COMMISSION.— 

25 Not later than 90 days before the first day of 


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1 each election cycle (beginning with the first 

2 election cycle that begins after the date of the 

3 enactment of this title), the Commission shall— 

4 ‘‘(i) audit the Fund to determine 

5 whether the amounts in the Fund will be 

6 sufficient to make payments to partici7 pating candidates in the amounts provided 

8 in this title during such election cycle; and 

9 ‘‘(ii) submit a report to Congress de10 scribing the results of the audit. 

11 ‘‘(B) REDUCTIONS IN AMOUNT OF PAY12 MENTS.— 

13 ‘‘(i) AUTOMATIC REDUCTION ON PRO

14 RATA BASIS.—If, on the basis of the audit 

15 described in subparagraph (A), the Com16 mission determines that the amount antici17 pated to be available in the Fund with re18 spect to the election cycle involved is not, 

19 or may not be, sufficient to satisfy the full 

20 entitlements of participating candidates to 

21 payments under this title for such election 

22 cycle, the Commission shall reduce each 

23 amount which would otherwise be paid to 

24 a participating candidate under this title 

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1 essary to ensure that the aggregate 

2 amount of payments anticipated to be 

3 made with respect to the election cycle will 

4 not exceed the amount anticipated to be 

5 available for such payments in the Fund 

6 with respect to such election cycle. 

7 ‘‘(ii) RESTORATION OF REDUCTIONS

8 IN CASE OF AVAILABILITY OF SUFFICIENT

9 FUNDS DURING ELECTION CYCLE.—If, 

10 after reducing the amounts paid to partici11 pating candidates with respect to an elec12 tion cycle under clause (i), the Commission 

13 determines that there are sufficient 

14 amounts in the Fund to restore the 

15 amount by which such payments were re16 duced (or any portion thereof), to the ex17 tent that such amounts are available, the 

18 Commission may make a payment on a pro 

19 rata basis to each such participating can20 didate with respect to the election cycle in 

21 the amount by which such candidate’s pay22 ments were reduced under clause (i) (or 

23 any portion thereof, as the case may be). 

24 ‘‘(iii) NO USE OF AMOUNTS FROM

25 OTHER SOURCES.—In any case in which 


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1 the Commission determines that there are 

2 insufficient moneys in the Fund to make 

3 payments to participating candidates under 

4 this title, moneys shall not be made avail5 able from any other source for the purpose 

6 of making such payments. 

7 ‘‘(e) USE OF FUND TO MAKE OTHER PAYMENTS.— 

8 In addition to the use described in subsection (d), amounts 

9 in the Fund shall be available without further appropria10 tion or fiscal year limitation— 

11 ‘‘(1) to make payments to candidates under 

12 chapter 95 of subtitle H of the Internal Revenue 

13 Code of 1986, subject to reductions under section 

14 9013(b) of such Code; and 

15 ‘‘(2) to make payments to candidates under 

16 chapter 96 of subtitle H of the Internal Revenue 

17 Code of 1986, subject to reductions under section 

18 9043(b) of such Code. 

19 ‘‘(f) EFFECTIVE DATE.—This section shall take ef20 fect on the date of the enactment of this title. 


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1 ‘‘Subtitle B—Eligibility and 

2 Certification 

3 ‘‘SEC. 511. ELIGIBILITY. 

4 ‘‘(a) IN GENERAL.—A candidate for Senator is eligi5 ble to receive an allocation from the Fund for any election 

6 if the candidate meets the following requirements: 

7 ‘‘(1) The candidate files with the Commission a 

8 statement of intent to seek certification as a partici9 pating candidate under this title during the period 

10 beginning on the Fair Elections start date and end11 ing on the last day of the Fair Elections qualifying 

12 period. 

13 ‘‘(2) The candidate meets the qualifying con14 tribution requirements of section 512. 

15 ‘‘(3) Not later than the last day of the Fair 

16 Elections qualifying period, the candidate files with 

17 the Commission an affidavit signed by the candidate 

18 and the treasurer of the candidate’s principal cam19 paign committee declaring that the candidate— 

20 ‘‘(A) has complied and, if certified, will 

21 comply with the contribution and expenditure 

22 requirements of section 513; 

23 ‘‘(B) if certified, will not run as a non24 participating candidate during such year in any 


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1 election for the office that such candidate is 

2 seeking; and 

3 ‘‘(C) has either qualified or will take steps 

4 to qualify under State law to be on the ballot. 

5 ‘‘(b) GENERAL ELECTION.—Notwithstanding sub6 section (a), a candidate shall not be eligible to receive an 

7 allocation from the Fund for a general election or a gen8 eral runoff election unless the candidate’s party nominated 

9 the candidate to be placed on the ballot for the general 

10 election or the candidate otherwise qualified to be on the 

11 ballot under State law. 

12 ‘‘SEC. 512. QUALIFYING CONTRIBUTION REQUIREMENT. 

13 ‘‘(a) IN GENERAL.—A candidate for Senator meets 

14 the requirement of this section if, during the Fair Elec15 tions qualifying period, the candidate obtains— 

16 ‘‘(1) a number of qualifying contributions equal 

17 to the greater of— 

18 ‘‘(A) the sum of— 

19 ‘‘(i) 2,000; plus 

20 ‘‘(ii) 500 for each congressional dis21 trict in the State with respect to which the 

22 candidate is seeking election; or 

23 ‘‘(B) the amount determined by the Com24 mission under section 531; and 


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1 ‘‘(2) a total dollar amount of qualifying con2 tributions equal to the greater of— 

3 ‘‘(A) 10 percent of the amount of the allo4 cation such candidate would be entitled to re5 ceive for the primary election under section 

6 522(c)(1) (determined without regard to para7 graph (5) thereof) if such candidate were a par8 ticipating candidate; or 

9 ‘‘(B) the amount determined by the Com10 mission under section 531. 

11 ‘‘(b) REQUIREMENTS RELATING TO RECEIPT OF

12 QUALIFYING CONTRIBUTION.—Each qualifying contribu13 tion— 

14 ‘‘(1) may be made by means of a personal 

15 check, money order, debit card, credit card, or elec16 tronic payment account; 

17 ‘‘(2) shall be accompanied by a signed state18 ment containing— 

19 ‘‘(A) the contributor’s name and the con20 tributor’s address in the State in which the con21 tributor is registered to vote; and 

22 ‘‘(B) an oath declaring that the contrib23 utor— 

24 ‘‘(i) understands that the purpose of 

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1 port for the candidate so that the can2 didate may qualify for Fair Elections fi3 nancing; 

4 ‘‘(ii) is making the contribution in his 

5 or her own name and from his or her own 

6 funds; 

7 ‘‘(iii) has made the contribution will8 ingly; and 

9 ‘‘(iv) has not received anything of 

10 value in return for the contribution; and 

11 ‘‘(3) shall be acknowledged by a receipt that is 

12 sent to the contributor with a copy kept by the can13 didate for the Commission and a copy kept by the 

14 candidate for the election authorities in the State 

15 with respect to which the candidate is seeking elec16 tion. 

17 ‘‘(c) VERIFICATION OF QUALIFYING CONTRIBU18 TIONS.—The Commission shall establish procedures for 

19 the auditing and verification of qualifying contributions to 

20 ensure that such contributions meet the requirements of 

21 this section. 


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1 ‘‘SEC. 513. CONTRIBUTION AND EXPENDITURE REQUIRE2 MENTS. 

3 ‘‘(a) GENERAL RULE.—A candidate for Senator 

4 meets the requirements of this section if, during the elec5 tion cycle of the candidate, the candidate— 

6 ‘‘(1) except as provided in subsection (b), ac7 cepts no contributions other than— 

8 ‘‘(A) qualifying contributions; 

9 ‘‘(B) qualified small dollar contributions; 

10 ‘‘(C) qualifying multicandidate political 

11 committee contributions; 

12 ‘‘(D) allocations from the Fund under sec13 tion 522; 

14 ‘‘(E) matching contributions under section 

15 523; 

16 ‘‘(F) enhanced matching contributions 

17 under section 524; and 

18 ‘‘(G) vouchers provided to the candidate 

19 under section 525; 

20 ‘‘(2) makes no expenditures from any amounts 

21 other than from— 

22 ‘‘(A) qualifying contributions; 

23 ‘‘(B) qualified small dollar contributions; 

24 ‘‘(C) qualifying multicandidate political 

25 committee contributions; 


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1 ‘‘(D) allocations from the Fund under sec2 tion 522; 

3 ‘‘(E) matching contributions under section 

4 523; 

5 ‘‘(F) enhanced matching contributions 

6 under section 524; and 

7 ‘‘(G) vouchers provided to the candidate 

8 under section 525; and 

9 ‘‘(3) makes no expenditures from personal 

10 funds or the funds of any immediate family member 

11 (other than funds received through qualified small 

12 dollar contributions and qualifying contributions). 

13 For purposes of this subsection, a payment made by a po14 litical party in coordination with a participating candidate 

15 shall not be treated as a contribution to or as an expendi16 ture made by the participating candidate. 

17 ‘‘(b) CONTRIBUTIONS FOR LEADERSHIP PACS, 

18 ETC.—A political committee of a participating candidate 

19 which is not an authorized committee of such candidate 

20 may accept contributions other than contributions de21 scribed in subsection (a)(1) from any person if— 

22 ‘‘(1) the aggregate contributions from such per23 son for any calendar year do not exceed $200; and 


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1 ‘‘(2) no portion of such contributions is dis2 bursed in connection with the campaign of the par3 ticipating candidate. 

4 ‘‘(c) EXCEPTION.—Notwithstanding subsection (a), a 

5 candidate shall not be treated as having failed to meet 

6 the requirements of this section if any contributions that 

7 are not qualified small dollar contributions, qualifying con8 tributions, qualifying multicandidate political committee 

9 contributions, or contributions that meet the requirements 

10 of subsection (b) and that are accepted before the date 

11 the candidate files a statement of intent under section 

12 511(a)(1) are— 

13 ‘‘(1) returned to the contributor; or 

14 ‘‘(2) submitted to the Commission for deposit in 

15 the Fund. 

16 ‘‘SEC. 514. CERTIFICATION. 

17 ‘‘(a) IN GENERAL.—Not later than 5 days after a 

18 candidate for Senator files an affidavit under section 

19 511(a)(3), the Commission shall— 

20 ‘‘(1) certify whether or not the candidate is a 

21 participating candidate; and 

22 ‘‘(2) notify the candidate of the Commission’s 

23 determination. 

24 ‘‘(b) REVOCATION OF CERTIFICATION.— 


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1 ‘‘(1) IN GENERAL.—The Commission may re2 voke a certification under subsection (a) if— 

3 ‘‘(A) a candidate fails to qualify to appear 

4 on the ballot at any time after the date of cer5 tification; or 

6 ‘‘(B) a candidate otherwise fails to comply 

7 with the requirements of this title, including 

8 any regulatory requirements prescribed by the 

9 Commission. 

10 ‘‘(2) REPAYMENT OF BENEFITS.—If certifi11 cation is revoked under paragraph (1), the candidate 

12 shall repay to the Fund an amount equal to the 

13 value of benefits received under this title plus inter14 est (at a rate determined by the Commission) on any 

15 such amount received. 

16 ‘‘Subtitle C—Benefits 

17 ‘‘SEC. 521. BENEFITS FOR PARTICIPATING CANDIDATES. 

18 ‘‘(a) IN GENERAL.—For each election with respect 

19 to which a candidate is certified as a participating can20 didate under section 514, such candidate shall be entitled 

21 to— 

22 ‘‘(1) an allocation from the Fund to make or 

23 obligate to make expenditures with respect to such 

24 election, as provided in section 522; 


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1 ‘‘(2) matching contributions, as provided in sec2 tion 523; 

3 ‘‘(3) enhanced matching contributions, as pro4 vided in section 524; and 

5 ‘‘(4) for the general election, vouchers for 

6 broadcasts of political advertisements, as provided in 

7 section 525. 

8 ‘‘(b) RESTRICTION ON USES OF ALLOCATIONS FROM

9 THE FUND.—Allocations from the Fund received by a par10 ticipating candidate under section 522, matching contribu11 tions under section 523, and enhanced matching contribu12 tions under section 524 may only be used for campaign13 related costs. 

14 ‘‘(c) REMITTING ALLOCATIONS FROM THE FUND.— 

15 ‘‘(1) IN GENERAL.—Not later than the date 

16 that is 45 days after an election in which the partici17 pating candidate appeared on the ballot, such par18 ticipating candidate shall remit to the Commission 

19 for deposit in the Fund an amount equal to the less20 er of— 

21 ‘‘(A) the amount of money in the can22 didate’s campaign account; or 

23 ‘‘(B) the sum of the allocations from the 

24 Fund received by the candidate under section 

25 522, the matching contributions received by the 


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1 candidate under section 523, and the enhanced 

2 matching contributions under section 524. 

3 ‘‘(2) EXCEPTION.—In the case of a candidate 

4 who qualifies to be on the ballot for a primary run5 off election, a general election, or a general runoff 

6 election, the amounts described in paragraph (1) 

7 may be retained by the candidate and used in such 

8 subsequent election. 

9 ‘‘SEC. 522. ALLOCATIONS FROM THE FUND. 

10 ‘‘(a) IN GENERAL.—The Commission shall make allo11 cations from the Fund under section 521(a)(1) to a par12 ticipating candidate— 

13 ‘‘(1) in the case of amounts provided under 

14 subsection (c)(1), not later than 48 hours after the 

15 date on which such candidate is certified as a par16 ticipating candidate under section 514; 

17 ‘‘(2) in the case of a general election, not later 

18 than 48 hours after— 

19 ‘‘(A) the date of the certification of the re20 sults of the primary election or the primary 

21 runoff election; or 

22 ‘‘(B) in any case in which there is no pri23 mary election, the date the candidate qualifies 

24 to be placed on the ballot; and 


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1 ‘‘(3) in the case of a primary runoff election or 

2 a general runoff election, not later than 48 hours 

3 after the certification of the results of the primary 

4 election or the general election, as the case may be. 

5 ‘‘(b) METHOD OF PAYMENT.—The Commission shall 

6 distribute funds available to participating candidates 

7 under this section through the use of an electronic funds 

8 exchange or a debit card. 

9 ‘‘(c) AMOUNTS.— 

10 ‘‘(1) PRIMARY ELECTION ALLOCATION; INITIAL

11 ALLOCATION.—Except as provided in paragraph (5), 

12 the Commission shall make an allocation from the 

13 Fund for a primary election to a participating can14 didate in an amount equal to 67 percent of the base 

15 amount with respect to such participating candidate. 

16 ‘‘(2) PRIMARY RUNOFF ELECTION ALLOCA17 TION.—The Commission shall make an allocation 

18 from the Fund for a primary runoff election to a 

19 participating candidate in an amount equal to 25 

20 percent of the amount the participating candidate 

21 was eligible to receive under this section for the pri22 mary election. 

23 ‘‘(3) GENERAL ELECTION ALLOCATION.—Ex24 cept as provided in paragraph (5), the Commission 

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1 eral election to a participating candidate in an 

2 amount equal to the base amount with respect to 

3 such candidate. 

4 ‘‘(4) GENERAL RUNOFF ELECTION ALLOCA5 TION.—The Commission shall make an allocation 

6 from the Fund for a general runoff election to a par7 ticipating candidate in an amount equal to 25 per8 cent of the base amount with respect to such can9 didate. 

10 ‘‘(5) UNCONTESTED ELECTIONS.— 

11 ‘‘(A) IN GENERAL.—In the case of a pri12 mary or general election that is an uncontested 

13 election, the Commission shall make an alloca14 tion from the Fund to a participating candidate 

15 for such election in an amount equal to 25 per16 cent of the allocation which such candidate 

17 would be entitled to under this section for such 

18 election if this paragraph did not apply. 

19 ‘‘(B) UNCONTESTED ELECTION DE20 FINED.—For purposes of this subparagraph, an 

21 election is uncontested if not more than 1 can22 didate has campaign funds (including payments 

23 from the Fund) in an amount equal to or great24 er than 10 percent of the allocation a partici25 pating candidate would be entitled to receive 


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1 under this section for such election if this para2 graph did not apply. 

3 ‘‘(d) BASE AMOUNT.— 

4 ‘‘(1) IN GENERAL.—Except as otherwise pro5 vided in this subsection, the base amount for any 

6 candidate is an amount equal to the greater of— 

7 ‘‘(A) the sum of— 

8 ‘‘(i) $750,000; plus 

9 ‘‘(ii) $150,000 for each congressional 

10 district in the State with respect to which 

11 the candidate is seeking election; or 

12 ‘‘(B) the amount determined by the Com13 mission under section 531. 

14 ‘‘(2) INDEXING.—In each even-numbered year 

15 after 2025— 

16 ‘‘(A) each dollar amount under paragraph 

17 (1)(A) shall be increased by the percent dif18 ference between the price index (as defined in 

19 section 315(c)(2)(A)) for the 12 months pre20 ceding the beginning of such calendar year and 

21 the price index for calendar year 2022; 

22 ‘‘(B) each dollar amount so increased shall 

23 remain in effect for the 2-year period beginning 

24 on the first day following the date of the last 

25 general election in the year preceding the year 


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1 in which the amount is increased and ending on 

2 the date of the next general election; and 

3 ‘‘(C) if any amount after adjustment under 

4 subparagraph (A) is not a multiple of $100, 

5 such amount shall be rounded to the nearest 

6 multiple of $100. 

7 ‘‘SEC. 523. MATCHING PAYMENTS FOR QUALIFIED SMALL 

8 DOLLAR CONTRIBUTIONS. 

9 ‘‘(a) IN GENERAL.—The Commission shall pay to 

10 each participating candidate an amount equal to 600 per11 cent of the amount of qualified small dollar contributions 

12 received by the candidate from individuals who are resi13 dents of the State in which such participating candidate 

14 is seeking election after the date on which such candidate 

15 is certified under section 514. 

16 ‘‘(b) LIMITATION.—The aggregate payments under 

17 subsection (a) with respect to any candidate shall not ex18 ceed the greater of— 

19 ‘‘(1) 400 percent of the allocation such can20 didate is entitled to receive for such election under 

21 section 522 (determined without regard to sub22 section (c)(5) thereof); or 

23 ‘‘(2) the percentage of such allocation deter24 mined by the Commission under section 531. 


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1 ‘‘(c) TIME OF PAYMENT.—The Commission shall 

2 make payments under this section not later than 2 busi3 ness days after the receipt of a report made under sub4 section (d). 

5 ‘‘(d) REPORTS.— 

6 ‘‘(1) IN GENERAL.—Each participating can7 didate shall file reports of receipts of qualified small 

8 dollar contributions at such times and in such man9 ner as the Commission may by regulations prescribe. 

10 ‘‘(2) CONTENTS OF REPORTS.—Each report 

11 under this subsection shall disclose— 

12 ‘‘(A) the amount of each qualified small 

13 dollar contribution received by the candidate; 

14 ‘‘(B) the amount of each qualified small 

15 dollar contribution received by the candidate 

16 from a resident of the State in which the can17 didate is seeking election; and 

18 ‘‘(C) the name, address, and occupation of 

19 each individual who made a qualified small dol20 lar contribution to the candidate. 

21 ‘‘(3) FREQUENCY OF REPORTS.—Reports under 

22 this subsection shall be made no more frequently 

23 than— 

24 ‘‘(A) once every month until the date that 

25 is 90 days before the date of the election; 


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1 ‘‘(B) once every week after the period de2 scribed in subparagraph (A) and until the date 

3 that is 21 days before the election; and 

4 ‘‘(C) once every day after the period de5 scribed in subparagraph (B). 

6 ‘‘(4) LIMITATION ON REGULATIONS.—The 

7 Commission may not prescribe any regulations with 

8 respect to reporting under this subsection with re9 spect to any election after the date that is 180 days 

10 before the date of such election. 

11 ‘‘(e) APPEALS.—The Commission shall provide a 

12 written explanation with respect to any denial of any pay13 ment under this section and shall provide the opportunity 

14 for review and reconsideration within 5 business days of 

15 such denial. 

16 ‘‘SEC. 524. ENHANCED MATCHING SUPPORT. 

17 ‘‘(a) IN GENERAL.—In addition to the payments 

18 made under section 523, the Commission shall make an 

19 additional payment to an eligible candidate under this sec20 tion. 

21 ‘‘(b) ELIGIBILITY.—A candidate is eligible to receive 

22 an additional payment under this section if the candidate 

23 meets each of the following requirements: 

24 ‘‘(1) The candidate is on the ballot for the gen25 eral election for the office the candidate seeks. 


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1 ‘‘(2) The candidate is certified as a partici2 pating candidate under this title with respect to the 

3 election. 

4 ‘‘(3) During the enhanced support qualifying 

5 period, the candidate receives qualified small dollar 

6 contributions in a total amount of not less than the 

7 sum of $15,000 for each congressional district in the 

8 State with respect to which the candidate is seeking 

9 election. 

10 ‘‘(4) During the enhanced support qualifying 

11 period, the candidate submits to the Commission a 

12 request for the payment which includes— 

13 ‘‘(A) a statement of the number and 

14 amount of qualified small dollar contributions 

15 received by the candidate during the enhanced 

16 support qualifying period; 

17 ‘‘(B) a statement of the amount of the 

18 payment the candidate anticipates receiving 

19 with respect to the request; and 

20 ‘‘(C) such other information and assur21 ances as the Commission may require. 

22 ‘‘(5) After submitting a request for the addi23 tional payment under paragraph (4), the candidate 

24 does not submit any other application for an addi25 tional payment under this title. 


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1 ‘‘(c) AMOUNT.— 

2 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

3 the amount of the additional payment made to an el4 igible candidate under this subtitle shall be an 

5 amount equal to 50 percent of— 

6 ‘‘(A) the amount of the payment made to 

7 the candidate under section 523 with respect to 

8 the qualified small dollar contributions which 

9 are received by the candidate during the en10 hanced support qualifying period (as included in 

11 the request submitted by the candidate under 

12 (b)(4)(A)); or 

13 ‘‘(B) in the case of a candidate who is not 

14 eligible to receive a payment under section 523 

15 with respect to such qualified small dollar con16 tributions because the candidate has reached 

17 the limit on the aggregate amount of payments 

18 under section 523, the amount of the payment 

19 which would have been made to the candidate 

20 under section 523 with respect to such qualified 

21 small dollar contributions if the candidate had 

22 not reached such limit. 

23 ‘‘(2) LIMIT.—The amount of the additional 

24 payment determined under paragraph (1) with re25 spect to a candidate may not exceed the sum of 


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1 $150,000 for each congressional district in the State 

2 with respect to which the candidate is seeking elec3 tion. 

4 ‘‘(3) NO EFFECT ON AGGREGATE LIMIT.—The 

5 amount of the additional payment made to a can6 didate under this section shall not be included in de7 termining the aggregate amount of payments made 

8 to a participating candidate with respect to an elec9 tion cycle under section 523. 

10 ‘‘SEC. 525. POLITICAL ADVERTISING VOUCHERS. 

11 ‘‘(a) IN GENERAL.—The Commission shall establish 

12 and administer a voucher program for the purchase of 

13 airtime on broadcasting stations for political advertise14 ments in accordance with the provisions of this section. 

15 ‘‘(b) CANDIDATES.—The Commission shall only dis16 burse vouchers under the program established under sub17 section (a) to participants certified pursuant to section 

18 514 who have agreed in writing to keep and furnish to 

19 the Commission such records, books, and other informa20 tion as it may require. 

21 ‘‘(c) AMOUNTS.—The Commission shall disburse 

22 vouchers to each candidate certified under subsection (b) 

23 in an aggregate amount equal to the greater of— 


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1 ‘‘(1) $100,000 multiplied by the number of con2 gressional districts in the State with respect to 

3 which such candidate is running for office; or 

4 ‘‘(2) the amount determined by the Commission 

5 under section 531. 

6 ‘‘(d) USE.— 

7 ‘‘(1) EXCLUSIVE USE.—Vouchers disbursed by 

8 the Commission under this section may be used only 

9 for the purchase of broadcast airtime for political 

10 advertisements relating to a general election for the 

11 office of Senate by the participating candidate to 

12 which the vouchers were disbursed, except that— 

13 ‘‘(A) a candidate may exchange vouchers 

14 with a political party under paragraph (2); and 

15 ‘‘(B) a political party may use vouchers 

16 only to purchase broadcast airtime for political 

17 advertisements for generic party advertising (as 

18 defined by the Commission in regulations), to 

19 support candidates for State or local office in a 

20 general election, or to support participating 

21 candidates of the party in a general election for 

22 Federal office, but only if it discloses the value 

23 of the voucher used as an expenditure under 

24 section 315(d). 


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1 ‘‘(2) EXCHANGE WITH POLITICAL PARTY COM2 MITTEE.— 

3 ‘‘(A) IN GENERAL.—A participating can4 didate who receives a voucher under this section 

5 may transfer the right to use all or a portion 

6 of the value of the voucher to a committee of 

7 the political party of which the individual is a 

8 candidate (or, in the case of a participating 

9 candidate who is not a member of any political 

10 party, to a committee of the political party of 

11 that candidate’s choice) in exchange for money 

12 in an amount equal to the cash value of the 

13 voucher or portion exchanged. 

14 ‘‘(B) CONTINUATION OF CANDIDATE OBLI15 GATIONS.—The transfer of a voucher, in whole 

16 or in part, to a political party committee under 

17 this paragraph does not release the candidate 

18 from any obligation under the agreement made 

19 under subsection (b) or otherwise modify that 

20 agreement or its application to that candidate. 

21 ‘‘(C) PARTY COMMITTEE OBLIGATIONS.— 

22 Any political party committee to which a vouch23 er or portion thereof is transferred under sub24 paragraph (A)— 


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1 ‘‘(i) shall account fully, in accordance 

2 with such requirements as the Commission 

3 may establish, for the receipt of the vouch4 er; and 

5 ‘‘(ii) may not use the transferred 

6 voucher or portion thereof for any purpose 

7 other than a purpose described in para8 graph (1)(B). 

9 ‘‘(D) VOUCHER AS A CONTRIBUTION

10 UNDER FECA.—If a candidate transfers a 

11 voucher or any portion thereof to a political 

12 party committee under subparagraph (A)— 

13 ‘‘(i) the value of the voucher or por14 tion thereof transferred shall be treated as 

15 a contribution from the candidate to the 

16 committee, and from the committee to the 

17 candidate, for purposes of sections 302 

18 and 304; 

19 ‘‘(ii) the committee may, in exchange, 

20 provide to the candidate only funds subject 

21 to the prohibitions, limitations, and report22 ing requirements of title III of this Act; 

23 and 

24 ‘‘(iii) the amount, if identified as a 

25 ‘voucher exchange’, shall not be considered 


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1 a contribution for the purposes of sections 

2 315 and 513. 

3 ‘‘(e) VALUE; ACCEPTANCE; REDEMPTION.— 

4 ‘‘(1) VOUCHER.—Each voucher disbursed by 

5 the Commission under this section shall have a value 

6 in dollars, redeemable upon presentation to the 

7 Commission, together with such documentation and 

8 other information as the Commission may require, 

9 for the purchase of broadcast airtime for political 

10 advertisements in accordance with this section. 

11 ‘‘(2) ACCEPTANCE.—A broadcasting station 

12 shall accept vouchers in payment for the purchase of 

13 broadcast airtime for political advertisements in ac14 cordance with this section. 

15 ‘‘(3) REDEMPTION.—The Commission shall re16 deem vouchers accepted by broadcasting stations 

17 under paragraph (2) upon presentation, subject to 

18 such documentation, verification, accounting, and 

19 application requirements as the Commission may im20 pose to ensure the accuracy and integrity of the 

21 voucher redemption system. 

22 ‘‘(4) EXPIRATION.— 

23 ‘‘(A) CANDIDATES.—A voucher may only 

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1 night on the day before the date of the Federal 

2 election in connection with which it was issued 

3 and shall be null and void for any other use or 

4 purpose. 

5 ‘‘(B) EXCEPTION FOR POLITICAL PARTY

6 COMMITTEES.—A voucher held by a political 

7 party committee may be used to pay for broad8 cast airtime for political advertisements to be 

9 broadcast before midnight on December 31st of 

10 the odd-numbered year following the year in 

11 which the voucher was issued by the Commis12 sion. 

13 ‘‘(5) VOUCHER AS EXPENDITURE UNDER

14 FECA.—The use of a voucher to purchase broadcast 

15 airtime constitutes an expenditure as defined in sec16 tion 301(9)(A). 

17 ‘‘(f) DEFINITIONS.—In this section: 

18 ‘‘(1) BROADCASTING STATION.—The term 

19 ‘broadcasting station’ has the meaning given that 

20 term by section 315(f)(1) of the Communications 

21 Act of 1934. 

22 ‘‘(2) POLITICAL PARTY.—The term ‘political 

23 party’ means a major party or a minor party as de24 fined in section 9002 (3) or (4) of the Internal Rev25 enue Code of 1986 (26 U.S.C. 9002 (3) or (4)). 


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1 ‘‘Subtitle D—Administrative 

2 Provisions 

3 ‘‘SEC. 531. DUTIES OF THE FEDERAL ELECTION COMMIS4 SION. 

5 ‘‘(a) DUTIES AND POWERS.— 

6 ‘‘(1) ADMINISTRATION.—The Commission shall 

7 have the power to administer the provisions of this 

8 title and shall prescribe regulations to carry out the 

9 purposes of this title, including regulations— 

10 ‘‘(A) to establish procedures for— 

11 ‘‘(i) verifying the amount of valid 

12 qualifying contributions with respect to a 

13 candidate; 

14 ‘‘(ii) effectively and efficiently moni15 toring and enforcing the limits on the rais16 ing of qualified small dollar contributions; 

17 ‘‘(iii) monitoring the raising of quali18 fying multicandidate political committee 

19 contributions through effectively and effi20 ciently monitoring and enforcing the limits 

21 on individual contributions to qualified ac22 counts of multicandidate political commit23 tees; 

24 ‘‘(iv) effectively and efficiently moni25 toring and enforcing the limits on the use 


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1 of personal funds by participating can2 didates; 

3 ‘‘(v) monitoring the use of allocations 

4 from the Fund and matching contributions 

5 under this title through audits or other 

6 mechanisms; and 

7 ‘‘(vi) the administration of the vouch8 er program under section 525; and 

9 ‘‘(B) regarding the conduct of debates in a 

10 manner consistent with the best practices of 

11 States that provide public financing for elec12 tions. 

13 ‘‘(2) REVIEW OF FAIR ELECTIONS FINANC14 ING.— 

15 ‘‘(A) IN GENERAL.—After each general 

16 election for Federal office, the Commission shall 

17 conduct a comprehensive review of the Fair 

18 Elections financing program under this title, in19 cluding— 

20 ‘‘(i) the maximum dollar amount of 

21 qualified small dollar contributions under 

22 section 501(13); 

23 ‘‘(ii) the maximum and minimum dol24 lar amounts for qualifying contributions 

25 under section 501(12); 


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1 ‘‘(iii) the number and value of quali2 fying contributions a candidate is required 

3 to obtain under section 512 to qualify for 

4 allocations from the Fund; 

5 ‘‘(iv) the amount of allocations from 

6 the Fund that candidates may receive 

7 under section 522; 

8 ‘‘(v) the maximum amount of match9 ing contributions a candidate may receive 

10 under section 523; 

11 ‘‘(vi) the maximum amount of en12 hanced matching contributions a candidate 

13 may receive under section 524; 

14 ‘‘(vii) the amount and usage of vouch15 ers under section 525; 

16 ‘‘(viii) the overall satisfaction of par17 ticipating candidates and the American 

18 public with the program; and 

19 ‘‘(ix) such other matters relating to fi20 nancing of Senate campaigns as the Com21 mission determines are appropriate. 

22 ‘‘(B) CRITERIA FOR REVIEW.—In con23 ducting the review under subparagraph (A), the 

24 Commission shall consider the following: 


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1 ‘‘(i) QUALIFYING CONTRIBUTIONS

2 AND QUALIFIED SMALL DOLLAR CON3 TRIBUTIONS.—The Commission shall con4 sider whether the number and dollar 

5 amount of qualifying contributions re6 quired and maximum dollar amount for 

7 such qualifying contributions and qualified 

8 small dollar contributions strikes a balance 

9 regarding the importance of voter involve10 ment, the need to assure adequate incen11 tives for participating, and fiscal responsi12 bility, taking into consideration the num13 ber of primary and general election partici14 pating candidates, the electoral perform15 ance of those candidates, program cost, 

16 and any other information the Commission 

17 determines is appropriate. 

18 ‘‘(ii) REVIEW OF PROGRAM BENE19 FITS.—The Commission shall consider 

20 whether the totality of the amount of 

21 funds allowed to be raised by participating 

22 candidates (including through qualifying 

23 contributions and small dollar contribu24 tions), allocations from the Fund under 

25 section 522, matching contributions under 


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1 section 523, enhanced matching contribu2 tions under section 524, and vouchers 

3 under section 525 are sufficient for voters 

4 in each State to learn about the candidates 

5 to cast an informed vote, taking into ac6 count the historic amount of spending by 

7 winning candidates, media costs, primary 

8 election dates, and any other information 

9 the Commission determines is appropriate. 

10 ‘‘(C) ADJUSTMENT OF AMOUNTS.— 

11 ‘‘(i) IN GENERAL.—Based on the re12 view conducted under subparagraph (A), 

13 the Commission shall provide for the ad14 justments of the following amounts: 

15 ‘‘(I) The maximum dollar 

16 amount of qualified small dollar con17 tributions under section 501(13)(C). 

18 ‘‘(II) The maximum and min19 imum dollar amounts for qualifying 

20 contributions under section 

21 501(12)(A). 

22 ‘‘(III) The number and value of 

23 qualifying contributions a candidate is 

24 required to obtain under section 

25 512(a)(1). 


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1 ‘‘(IV) The base amount for can2 didates under section 522(d). 

3 ‘‘(V) The maximum amount of 

4 matching contributions a candidate 

5 may receive under section 523(b). 

6 ‘‘(VI) The maximum amount of 

7 enhanced matching contributions a 

8 candidate may receive under section 

9 524(c). 

10 ‘‘(VII) The dollar amount for 

11 vouchers under section 525(c). 

12 ‘‘(ii) REGULATIONS.—The Commis13 sion shall promulgate regulations providing 

14 for the adjustments made under clause (i). 

15 ‘‘(D) REPORT.—Not later than March 30 

16 following any general election for Federal office, 

17 the Commission shall submit a report to Con18 gress on the review conducted under subpara19 graph (A). Such report shall contain a detailed 

20 statement of the findings, conclusions, and rec21 ommendations of the Commission based on 

22 such review. 

23 ‘‘(b) REPORTS.—Not later than March 30, 2024, and 

24 every 2 years thereafter, the Commission shall submit to 

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1 port documenting, evaluating, and making recommenda2 tions relating to the administrative implementation and 

3 enforcement of the provisions of this title. 

4 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated such sums as are nec6 essary to carry out the purposes of this subtitle. 

7 ‘‘SEC. 532. VIOLATIONS AND PENALTIES. 

8 ‘‘(a) CIVIL PENALTY FOR VIOLATION OF CONTRIBU9 TION AND EXPENDITURE REQUIREMENTS.—If a can10 didate who has been certified as a participating candidate 

11 under section 514 accepts a contribution or makes an ex12 penditure that is prohibited under section 513, the Com13 mission shall assess a civil penalty against the candidate 

14 in an amount that is not more than 3 times the amount 

15 of the contribution or expenditure. Any amounts collected 

16 under this subsection shall be deposited into the Fund. 

17 ‘‘(b) REPAYMENT FOR IMPROPER USE OF FREEDOM

18 FROM INFLUENCE FUND.— 

19 ‘‘(1) IN GENERAL.—If the Commission deter20 mines that any benefit made available to a partici21 pating candidate under this title was not used as 

22 provided for in this title or that a participating can23 didate has violated any of the dates for remission of 

24 funds contained in this title, the Commission shall 


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1 so notify the candidate and the candidate shall pay 

2 to the Fund an amount equal to— 

3 ‘‘(A) the amount of benefits so used or not 

4 remitted, as appropriate; and 

5 ‘‘(B) interest on any such amounts (at a 

6 rate determined by the Commission). 

7 ‘‘(2) OTHER ACTION NOT PRECLUDED.—Any 

8 action by the Commission in accordance with this 

9 subsection shall not preclude enforcement pro10 ceedings by the Commission in accordance with sec11 tion 309(a), including a referral by the Commission 

12 to the Attorney General in the case of an apparent 

13 knowing and willful violation of this title.’’. 

14 SEC. 5112. PROHIBITION ON JOINT FUNDRAISING COMMIT15 TEES. 

16 Section 302(e) of the Federal Election Campaign Act 

17 of 1971 (52 U.S.C. 30102(e)) is amended by adding at 

18 the end the following new paragraph: 

19 ‘‘(6) No authorized committee of a participating 

20 candidate (as defined in section 501) may establish 

21 a joint fundraising committee with a political com22 mittee other than an authorized committee of a can23 didate.’’. 


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1 SEC. 5113. EXCEPTION TO LIMITATION ON COORDINATED 

2 EXPENDITURES BY POLITICAL PARTY COM3 MITTEES WITH PARTICIPATING CANDIDATES. 

4 Section 315(d) of the Federal Election Campaign Act 

5 of 1971 (52 U.S.C. 30116(d)) is amended— 

6 (1) in paragraph (3)(A), by striking ‘‘in the 

7 case of’’ and inserting ‘‘except as provided in para8 graph (6), in the case of’’; and 

9 (2) by adding at the end the following new 

10 paragraph: 

11 ‘‘(6)(A) The limitation under paragraph (3)(A) 

12 shall not apply with respect to any expenditure from 

13 a qualified political party-participating candidate co14 ordinated expenditure fund. 

15 ‘‘(B) In this paragraph, the term ‘qualified po16 litical party-participating candidate coordinated ex17 penditure fund’ means a fund established by the na18 tional committee of a political party, or a State com19 mittee of a political party, including any subordinate 

20 committee of a State committee, for purposes of 

21 making expenditures in connection with the general 

22 election campaign of a candidate for election to the 

23 office of Senator who is a participating candidate (as 

24 defined in section 501), that only accepts qualified 

25 coordinated expenditure contributions. 


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1 ‘‘(C) In this paragraph, the term ‘qualified co2 ordinated expenditure contribution’ means, with re3 spect to the general election campaign of a candidate 

4 for election to the office of Senator who is a partici5 pating candidate (as defined in section 501), any 

6 contribution (or series of contributions)— 

7 ‘‘(i) which is made by an individual who is 

8 not prohibited from making a contribution 

9 under this Act; and 

10 ‘‘(ii) the aggregate amount of which does 

11 not exceed $500 per election.’’. 

12 SEC. 5114. ASSESSMENTS AGAINST FINES AND PENALTIES. 

13 (a) ASSESSMENTS RELATING TO CRIMINAL OF14 FENSES.— 

15 (1) IN GENERAL.—Chapter 201 of title 18, 

16 United States Code, is amended by adding at the 

17 end the following new section: 

18 ‘‘§ 3015. Special assessments for Freedom From Influ19 ence Fund 

20 ‘‘(a) ASSESSMENTS.— 

21 ‘‘(1) CONVICTIONS OF CRIMES.—In addition to 

22 any assessment imposed under this chapter, the 

23 court shall assess on any organizational defendant or 

24 any defendant who is a corporate officer or person 

25 with equivalent authority in any other organization 


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1 who is convicted of a criminal offense under Federal 

2 law an amount equal to 2.75 percent of any fine im3 posed on that defendant in the sentence imposed for 

4 that conviction. 

5 ‘‘(2) SETTLEMENTS.—The court shall assess on 

6 any organizational defendant or defendant who is a 

7 corporate officer or person with equivalent authority 

8 in any other organization who has entered into a 

9 settlement agreement or consent decree with the 

10 United States in satisfaction of any allegation that 

11 the defendant committed a criminal offense under 

12 Federal law an amount equal to 2.75 percent of the 

13 amount of the settlement. 

14 ‘‘(b) MANNER OF COLLECTION.—An amount as15 sessed under subsection (a) shall be collected in the man16 ner in which fines are collected in criminal cases. 

17 ‘‘(c) TRANSFERS.—In a manner consistent with sec18 tion 3302(b) of title 31, there shall be transferred from 

19 the General Fund of the Treasury to the Freedom From 

20 Influence Fund under section 502 of the Federal Election 

21 Campaign Act of 1971 an amount equal to the amount 

22 of the assessments collected under this section.’’. 

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions of chapter 201 of title 18, United States Code, 

25 is amended by adding at the end the following: 

‘‘3015. Special assessments for Freedom From Influence Fund.’’. 


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1 (b) ASSESSMENTS RELATING TO CIVIL PEN2 ALTIES.— 

3 (1) IN GENERAL.—Chapter 97 of title 31, 

4 United States Code, is amended by adding at the 

5 end the following new section: 

6 ‘‘§ 9707. Special assessments for Freedom From Influ7 ence Fund 

8 ‘‘(a) ASSESSMENTS.— 

9 ‘‘(1) CIVIL PENALTIES.—Any entity of the Fed10 eral Government which is authorized under any law, 

11 rule, or regulation to impose a civil penalty shall as12 sess on each person, other than a natural person 

13 who is not a corporate officer or person with equiva14 lent authority in any other organization, on whom 

15 such a penalty is imposed an amount equal to 2.75 

16 percent of the amount of the penalty. 

17 ‘‘(2) ADMINISTRATIVE PENALTIES.—Any entity 

18 of the Federal Government which is authorized 

19 under any law, rule, or regulation to impose an ad20 ministrative penalty shall assess on each person, 

21 other than a natural person who is not a corporate 

22 officer or person with equivalent authority in any 

23 other organization, on whom such a penalty is im24 posed an amount equal to 2.75 percent of the 

25 amount of the penalty. 


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1 ‘‘(3) SETTLEMENTS.—Any entity of the Federal 

2 Government which is authorized under any law, rule, 

3 or regulation to enter into a settlement agreement or 

4 consent decree with any person, other than a natural 

5 person who is not a corporate officer or person with 

6 equivalent authority in any other organization, in 

7 satisfaction of any allegation of an action or omis8 sion by the person which would be subject to a civil 

9 penalty or administrative penalty shall assess on 

10 such person an amount equal to 2.75 percent of the 

11 amount of the settlement. 

12 ‘‘(b) MANNER OF COLLECTION.—An amount as13 sessed under subsection (a) shall be collected— 

14 ‘‘(1) in the case of an amount assessed under 

15 paragraph (1) of such subsection, in the manner in 

16 which civil penalties are collected by the entity of the 

17 Federal Government involved; 

18 ‘‘(2) in the case of an amount assessed under 

19 paragraph (2) of such subsection, in the manner in 

20 which administrative penalties are collected by the 

21 entity of the Federal Government involved; and 

22 ‘‘(3) in the case of an amount assessed under 

23 paragraph (3) of such subsection, in the manner in 

24 which amounts are collected pursuant to settlement 


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1 agreements or consent decrees entered into by the 

2 entity of the Federal Government involved. 

3 ‘‘(c) TRANSFERS.—In a manner consistent with sec4 tion 3302(b) of this title, there shall be transferred from 

5 the General Fund of the Treasury to the Freedom From 

6 Influence Fund under section 502 of the Federal Election 

7 Campaign Act of 1971 an amount equal to the amount 

8 of the assessments collected under this section. 

9 ‘‘(d) EXCEPTION FOR PENALTIES AND SETTLE10 MENTS UNDER AUTHORITY OF THE INTERNAL REVENUE

11 CODE OF 1986.— 

12 ‘‘(1) IN GENERAL.—No assessment shall be 

13 made under subsection (a) with respect to any civil 

14 or administrative penalty imposed, or any settlement 

15 agreement or consent decree entered into, under the 

16 authority of the Internal Revenue Code of 1986. 

17 ‘‘(2) CROSS REFERENCE.—For application of 

18 special assessments for the Freedom From Influence 

19 Fund with respect to certain penalties under the In20 ternal Revenue Code of 1986, see section 6761 of 

21 the Internal Revenue Code of 1986.’’. 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions of chapter 97 of title 31, United States Code, 

24 is amended by adding at the end the following: 

‘‘9707. Special assessments for Freedom From Influence Fund.’’. 


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1 (c) ASSESSMENTS RELATING TO CERTAIN PEN2 ALTIES UNDER THE INTERNAL REVENUE CODE OF

3 1986.— 

4 (1) IN GENERAL.—Chapter 68 of the Internal 

5 Revenue Code of 1986 is amended by adding at the 

6 end the following new subchapter: 

7 ‘‘Subchapter D—Special Assessments for 

8 Freedom From Influence Fund 

9 ‘‘SEC. 6761. SPECIAL ASSESSMENTS FOR FREEDOM FROM 

10 INFLUENCE FUND. 

11 ‘‘(a) IN GENERAL.—Each person required to pay a 

12 covered penalty shall pay an additional amount equal to 

13 2.75 percent of the amount of such penalty. 

14 ‘‘(b) COVERED PENALTY.—For purposes of this sec15 tion, the term ‘covered penalty’ means any addition to tax, 

16 additional amount, penalty, or other liability provided 

17 under subchapter A or B. 

18 ‘‘(c) EXCEPTION FOR CERTAIN INDIVIDUALS.— 

19 ‘‘(1) IN GENERAL.—In the case of a taxpayer 

20 who is an individual, subsection (a) shall not apply 

21 to any covered penalty if such taxpayer is an exempt 

22 taxpayer for the taxable year for which such covered 

23 penalty is assessed. 

24 ‘‘(2) EXEMPT TAXPAYER.—For purposes of this 

25 subsection, a taxpayer is an exempt taxpayer for any 


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1 taxable year if the taxable income of such taxpayer 

2 for such taxable year does not exceed the dollar 

3 amount at which begins the highest rate bracket in 

4 effect under section 1 with respect to such taxpayer 

5 for such taxable year. 

6 ‘‘(d) APPLICATION OF CERTAIN RULES.—Except as 

7 provided in subsection (e), the additional amount deter8 mined under subsection (a) shall be treated for purposes 

9 of this title in the same manner as the covered penalty 

10 to which such additional amount relates. 

11 ‘‘(e) TRANSFER TO FREEDOM FROM INFLUENCE

12 FUND.—The Secretary shall deposit any additional 

13 amount under subsection (a) in the General Fund of the 

14 Treasury and shall transfer from such General Fund to 

15 the Freedom From Influence Fund established under sec16 tion 502 of the Federal Election Campaign Act of 1971 

17 an amount equal to the amounts so deposited (and, not18 withstanding subsection (d), such additional amount shall 

19 not be the basis for any deposit, transfer, credit, appro20 priation, or any other payment, to any other trust fund 

21 or account). Rules similar to the rules of section 9601 

22 shall apply for purposes of this subsection.’’. 

23 (2) CLERICAL AMENDMENT.—The table of sub24 chapters for chapter 68 of such Code is amended by 

25 adding at the end the following new item: 


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‘‘SUBCHAPTER D—SPECIAL ASSESSMENTS FOR FREEDOM FROM INFLUENCE

FUND’’. 

1 (d) EFFECTIVE DATES.— 

2 (1) IN GENERAL.—Except as provided in para3 graph (2), the amendments made by this section 

4 shall apply with respect to convictions, agreements, 

5 and penalties which occur on or after the date of the 

6 enactment of this Act. 

7 (2) ASSESSMENTS RELATING TO CERTAIN PEN8 ALTIES UNDER THE INTERNAL REVENUE CODE OF

9 1986.—The amendments made by subsection (c) 

10 shall apply to covered penalties assessed after the 

11 date of the enactment of this Act. 

12 PART 3—IMPROVING VOTER INFORMATION 

13 SEC. 5121. BROADCASTS RELATING TO ALL SENATE CAN14 DIDATES. 

15 (a) LOWEST UNIT CHARGE; NATIONAL COMMIT16 TEES.—Section 315(b)(1) of the Communications Act of 

17 1934 (47 U.S.C. 315(b)(1)) is amended— 

18 (1) in the matter preceding subparagraph (A), 

19 by striking ‘‘to such office’’ and inserting the fol20 lowing: ‘‘to such office, or by a national committee 

21 of a political party on behalf of such candidate in 

22 connection with such campaign,’’; and 

23 (2) in subparagraph (A), by inserting ‘‘for 

24 preemptible use thereof’’ after ‘‘station’’. 


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1 (b) PREEMPTION; AUDITS.—Section 315 of the Com2 munications Act of 1934 (47 U.S.C. 315) is amended— 

3 (1) by redesignating subsections (c) and (d) as 

4 subsections (f) and (g), respectively and moving 

5 them to follow the existing subsection (e); 

6 (2) by redesignating the existing subsection (e) 

7 as subsection (c); and 

8 (3) by inserting after subsection (c) (as redesig9 nated by paragraph (2)) the following: 

10 ‘‘(d) PREEMPTION.— 

11 ‘‘(1) IN GENERAL.—Except as provided in para12 graph (2), and notwithstanding the requirements of 

13 subsection (b)(1)(A), a licensee shall not preempt 

14 the use of a broadcasting station by a legally quali15 fied candidate for Senate who has purchased and 

16 paid for such use. 

17 ‘‘(2) CIRCUMSTANCES BEYOND CONTROL OF LI18 CENSEE.—If a program to be broadcast by a broad19 casting station is preempted because of cir20 cumstances beyond the control of the station, any 

21 candidate or party advertising spot scheduled to be 

22 broadcast during that program shall be treated in 

23 the same fashion as a comparable commercial adver24 tising spot. 


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1 ‘‘(e) AUDITS.—During the 30-day period preceding 

2 a primary or primary runoff election and the 60-day pe3 riod preceding a general or special election, the Commis4 sion shall conduct such audits as it deems necessary to 

5 ensure that each licensee to which this section applies is 

6 allocating television broadcast advertising time in accord7 ance with this section and section 312.’’. 

8 (c) REVOCATION OF LICENSE FOR FAILURE TO PER9 MIT ACCESS.—Section 312(a)(7) of the Communications 

10 Act of 1934 (47 U.S.C. 312(a)(7)) is amended— 

11 (1) by striking ‘‘or repeated’’; 

12 (2) by inserting ‘‘or cable system’’ after ‘‘broad13 casting station’’; and 

14 (3) by striking ‘‘his candidacy’’ and inserting 

15 ‘‘the candidacy of the candidate, under the same 

16 terms, conditions, and business practices as apply to 

17 the most favored advertiser of the licensee’’. 

18 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

19 Section 315 of the Communications Act of 1934 (47 

20 U.S.C. 315) is amended— 

21 (1) in subsection (f), as redesignated by sub22 section (b)(1)— 

23 (A) in the matter preceding paragraph (1), 

24 by striking ‘‘For purposes of this section—’’ 


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1 and inserting the following: ‘‘Definitions.—For 

2 purposes of this section:’’; 

3 (B) in paragraph (1)— 

4 (i) by striking ‘‘the term’’ and insert5 ing ‘‘BROADCASTING STATION.—The 

6 term’’; and 

7 (ii) by striking ‘‘; and’’ and inserting 

8 a period; and 

9 (C) in paragraph (2), by striking ‘‘the 

10 terms’’ and inserting ‘‘LICENSEE; STATION LI11 CENSEE.—The terms’’; and 

12 (2) in subsection (g), as redesignated by sub13 section (b)(1), by striking ‘‘The Commission’’ and 

14 inserting ‘‘REGULATIONS.—The Commission’’. 

15 SEC. 5122. BROADCAST RATES FOR PARTICIPATING CAN16 DIDATES. 

17 Section 315(b) of the Communications Act of 1934 

18 (47 U.S.C. 315(b)), as amended by section 5121, is 

19 amended— 

20 (1) in paragraph (1)(A), by striking ‘‘paragraph 

21 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(3) PARTICIPATING CANDIDATES.—In the case 

24 of a participating candidate (as defined in section 

25 501 of the Federal Election Campaign Act of 1971), 


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1 the charges made for the use of any broadcasting 

2 station for a television broadcast shall not exceed 80 

3 percent of the lowest charge described in paragraph 

4 (1)(A) during— 

5 ‘‘(A) the 45 days preceding the date of a 

6 primary or primary runoff election in which the 

7 candidate is opposed; and 

8 ‘‘(B) the 60 days preceding the date of a 

9 general or special election in which the can10 didate is opposed. 

11 ‘‘(4) RATE CARDS.—A licensee shall provide to 

12 a candidate for Senate a rate card that discloses— 

13 ‘‘(A) the rate charged under this sub14 section; and 

15 ‘‘(B) the method that the licensee uses to 

16 determine the rate charged under this sub17 section.’’. 

18 SEC. 5123. FCC TO PRESCRIBE STANDARDIZED FORM FOR 

19 REPORTING CANDIDATE CAMPAIGN ADS. 

20 (a) IN GENERAL.—Not later than 90 days after the 

21 date of enactment of this Act, the Federal Communica22 tions Commission shall initiate a rulemaking proceeding 

23 to establish a standardized form to be used by each broad24 casting station, as defined in section 315(f) of the Com25 munications Act of 1934 (47 U.S.C. 315(f)) (as redesigVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00494 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 nated by section 5121(b)(1)), to record and report the 

2 purchase of advertising time by or on behalf of a candidate 

3 for nomination for election, or for election, to Federal elec4 tive office. 

5 (b) CONTENTS.—The form prescribed by the Federal 

6 Communications Commission under subsection (a) shall 

7 require a broadcasting station to report to the Federal 

8 Communications Commission and to the Federal Election 

9 Commission, at a minimum— 

10 (1) the station call letters and mailing address; 

11 (2) the name and telephone number of the sta12 tion’s sales manager (or individual with responsi13 bility for advertising sales); 

14 (3) the name of the candidate who purchased 

15 the advertising time, or on whose behalf the adver16 tising time was purchased, and the Federal elective 

17 office for which he or she is a candidate; 

18 (4) the name, mailing address, and telephone 

19 number of the person responsible for purchasing 

20 broadcast political advertising for the candidate; 

21 (5) notation as to whether the purchase agree22 ment for which the information is being reported is 

23 a draft or final version; and 

24 (6) with respect to the advertisement— 

25 (A) the date and time of the broadcast; 


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1 (B) the program in which the advertise2 ment was broadcast; and 

3 (C) the length of the broadcast airtime. 

4 (c) INTERNET ACCESS.—In its rulemaking under 

5 subsection (a), the Federal Communications Commission 

6 shall require any broadcasting station required to file a 

7 report under this section that maintains an internet 

8 website to make available a link to each such report on 

9 that website. 

10 PART 4—RESPONSIBILITIES OF THE FEDERAL 

11 ELECTION COMMISSION 

12 SEC. 5131. PETITION FOR CERTIORARI. 

13 Section 307(a)(6) of the Federal Election Campaign 

14 Act of 1971 (52 U.S.C. 30107(a)(6)) is amended by in15 serting ‘‘(including a proceeding before the Supreme 

16 Court on certiorari)’’ after ‘‘appeal’’. 

17 SEC. 5132. ELECTRONIC FILING OF FEC REPORTS. 

18 Section 304(a)(11) of the Federal Election Campaign 

19 Act of 1971 (52 U.S.C. 30104(a)(11)) is amended— 

20 (1) in subparagraph (A), by striking ‘‘under 

21 this Act—’’ and all that follows and inserting 

22 ‘‘under this Act shall be required to maintain and 

23 file such designation, statement, or report in elec24 tronic form accessible by computers.’’; 


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1 (2) in subparagraph (B), by striking ‘‘48 

2 hours’’ and all that follows through ‘‘filed electroni3 cally)’’ and inserting ‘‘24 hours’’; and 

4 (3) by striking subparagraph (D). 

5 PART 5—MISCELLANEOUS PROVISIONS 

6 SEC. 5141. SEVERABILITY. 

7 If any provision of this subtitle or amendment made 

8 by this subtitle, or the application of a provision or amend9 ment to any person or circumstance, is held to be uncon10 stitutional, the remainder of this subtitle and amendments 

11 made by this subtitle, and the application of the provisions 

12 and amendment to any person or circumstance, shall not 

13 be affected by the holding. 

14 SEC. 5142. EFFECTIVE DATE. 

15 (a) IN GENERAL.—Except as may otherwise be pro16 vided in this subtitle and in the amendments made by this 

17 subtitle, this subtitle and the amendments made by this 

18 subtitle shall apply with respect to elections occurring dur19 ing 2026 or any succeeding year, without regard to wheth20 er or not the Federal Election Commission has promul21 gated the final regulations necessary to carry out this part 

22 and the amendments made by this part by the deadline 

23 set forth in subsection (b). 

24 (b) DEADLINE FOR REGULATIONS.—Not later than 

25 June 30, 2024, the Federal Election Commission shall 


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1 promulgate such regulations as may be necessary to carry 

2 out this subtitle and the amendments made by this sub3 title. 

4 Subtitle C—Presidential Elections 

5 SEC. 5200. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘Empower Act of 

7 2019’’. 

8 PART 1—PRIMARY ELECTIONS 

9 SEC. 5201. INCREASE IN AND MODIFICATIONS TO MATCH10 ING PAYMENTS. 

11 (a) INCREASE AND MODIFICATION.— 

12 (1) IN GENERAL.—The first sentence of section 

13 9034(a) of the Internal Revenue Code of 1986 is 

14 amended— 

15 (A) by striking ‘‘an amount equal to the 

16 amount of each contribution’’ and inserting ‘‘an 

17 amount equal to 600 percent of the amount of 

18 each matchable contribution (disregarding any 

19 amount of contributions from any person to the 

20 extent that the total of the amounts contributed 

21 by such person for the election exceeds $200)’’; 

22 and 

23 (B) by striking ‘‘authorized committees’’ 

24 and all that follows through ‘‘$250’’ and insert25 ing ‘‘authorized committees’’. 


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1 (2) MATCHABLE CONTRIBUTIONS.—Section 

2 9034 of such Code is amended— 

3 (A) by striking the last sentence of sub4 section (a); and 

5 (B) by adding at the end the following new 

6 subsection: 

7 ‘‘(c) MATCHABLE CONTRIBUTION DEFINED.—For 

8 purposes of this section and section 9033(b)— 

9 ‘‘(1) MATCHABLE CONTRIBUTION.—The term 

10 ‘matchable contribution’ means, with respect to the 

11 nomination for election to the office of President of 

12 the United States, a contribution by an individual to 

13 a candidate or an authorized committee of a can14 didate with respect to which the candidate has cer15 tified in writing that— 

16 ‘‘(A) the individual making such contribu17 tion has not made aggregate contributions (in18 cluding such matchable contribution) to such 

19 candidate and the authorized committees of 

20 such candidate in excess of $1,000 for the elec21 tion; 

22 ‘‘(B) such candidate and the authorized 

23 committees of such candidate will not accept 

24 contributions from such individual (including 

25 such matchable contribution) aggregating more 


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1 than the amount described in subparagraph 

2 (A); and 

3 ‘‘(C) such contribution was a direct con4 tribution. 

5 ‘‘(2) CONTRIBUTION.—For purposes of this 

6 subsection, the term ‘contribution’ means a gift of 

7 money made by a written instrument which identi8 fies the individual making the contribution by full 

9 name and mailing address, but does not include a 

10 subscription, loan, advance, or deposit of money, or 

11 anything of value or anything described in subpara12 graph (B), (C), or (D) of section 9032(4). 

13 ‘‘(3) DIRECT CONTRIBUTION.— 

14 ‘‘(A) IN GENERAL.—For purposes of this 

15 subsection, the term ‘direct contribution’ 

16 means, with respect to a candidate, a contribu17 tion which is made directly by an individual to 

18 the candidate or an authorized committee of the 

19 candidate and is not— 

20 ‘‘(i) forwarded from the individual 

21 making the contribution to the candidate 

22 or committee by another person; or 

23 ‘‘(ii) received by the candidate or com24 mittee with the knowledge that the conVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00500 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 tribution was made at the request, sugges2 tion, or recommendation of another person. 

3 ‘‘(B) OTHER DEFINITIONS.—In subpara4 graph (A)— 

5 ‘‘(i) the term ‘person’ does not include 

6 an individual (other than an individual de7 scribed in section 304(i)(7) of the Federal 

8 Election Campaign Act of 1971), a polit9 ical committee of a political party, or any 

10 political committee which is not a separate 

11 segregated fund described in section 

12 316(b) of the Federal Election Campaign 

13 Act of 1971 and which does not make con14 tributions or independent expenditures, 

15 does not engage in lobbying activity under 

16 the Lobbying Disclosure Act of 1995 (2 

17 U.S.C. 1601 et seq.), and is not estab18 lished by, controlled by, or affiliated with 

19 a registered lobbyist under such Act, an 

20 agent of a registered lobbyist under such 

21 Act, or an organization which retains or 

22 employs a registered lobbyist under such 

23 Act; and 

24 ‘‘(ii) a contribution is not ‘made at 

25 the request, suggestion, or recommendation 


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1 of another person’ solely on the grounds 

2 that the contribution is made in response 

3 to information provided to the individual 

4 making the contribution by any person, so 

5 long as the candidate or authorized com6 mittee does not know the identity of the 

7 person who provided the information to 

8 such individual.’’. 

9 (3) CONFORMING AMENDMENTS.— 

10 (A) Section 9032(4) of such Code is 

11 amended by striking ‘‘section 9034(a)’’ and in12 serting ‘‘section 9034’’. 

13 (B) Section 9033(b)(3) of such Code is 

14 amended by striking ‘‘matching contributions’’ 

15 and inserting ‘‘matchable contributions’’. 

16 (b) MODIFICATION OF PAYMENT LIMITATION.—Sec17 tion 9034(b) of such Code is amended— 

18 (1) by striking ‘‘The total’’ and inserting the 

19 following: 

20 ‘‘(1) IN GENERAL.—The total’’; 

21 (2) by striking ‘‘shall not exceed’’ and all that 

22 follows and inserting ‘‘shall not exceed 

23 $250,000,000.’’; and 

24 (3) by adding at the end the following new 

25 paragraph: 


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1 ‘‘(2) INFLATION ADJUSTMENT.— 

2 ‘‘(A) IN GENERAL.—In the case of any ap3 plicable period beginning after 2029, the dollar 

4 amount in paragraph (1) shall be increased by 

5 an amount equal to— 

6 ‘‘(i) such dollar amount, multiplied by 

7 ‘‘(ii) the cost-of-living adjustment de8 termined under section 1(f)(3) for the cal9 endar year following the year which such 

10 applicable period begins, determined by 

11 substituting ‘calendar year 2028’ for ‘cal12 endar year 1992’ in subparagraph (B) 

13 thereof. 

14 ‘‘(B) APPLICABLE PERIOD.—For purposes 

15 of this paragraph, the term ‘applicable period’ 

16 means the 4-year period beginning with the 

17 first day following the date of the general elec18 tion for the office of President and ending on 

19 the date of the next such general election. 

20 ‘‘(C) ROUNDING.—If any amount as ad21 justed under subparagraph (A) is not a multiple 

22 of $10,000, such amount shall be rounded to 

23 the nearest multiple of $10,000.’’. 


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1 SEC. 5202. ELIGIBILITY REQUIREMENTS FOR MATCHING 

2 PAYMENTS. 

3 (a) AMOUNT OF AGGREGATE CONTRIBUTIONS PER

4 STATE; DISREGARDING OF AMOUNTS CONTRIBUTED IN

5 EXCESS OF $200.—Section 9033(b)(3) of the Internal 

6 Revenue Code of 1986 is amended— 

7 (1) by striking ‘‘$5,000’’ and inserting 

8 ‘‘$25,000’’; and 

9 (2) by striking ‘‘20 States’’ and inserting the 

10 following: ‘‘20 States (disregarding any amount of 

11 contributions from any such resident to the extent 

12 that the total of the amounts contributed by such 

13 resident for the election exceeds $200)’’. 

14 (b) CONTRIBUTION LIMIT.— 

15 (1) IN GENERAL.—Paragraph (4) of section 

16 9033(b) of such Code is amended to read as follows: 

17 ‘‘(4) the candidate and the authorized commit18 tees of the candidate will not accept aggregate con19 tributions from any person with respect to the nomi20 nation for election to the office of President of the 

21 United States in excess of $1,000 for the election.’’. 

22 (2) CONFORMING AMENDMENTS.— 

23 (A) Section 9033(b) of such Code is 

24 amended by adding at the end the following 

25 new flush sentence: 


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1 ‘‘For purposes of paragraph (4), the term ‘contribution’ 

2 has the meaning given such term in section 301(8) of the 

3 Federal Election Campaign Act of 1971.’’. 

4 (B) Section 9032(4) of such Code, as 

5 amended by section 5201(a)(3)(A), is amended 

6 by inserting ‘‘or 9033(b)’’ after ‘‘9034’’. 

7 (c) PARTICIPATION IN SYSTEM FOR PAYMENTS FOR

8 GENERAL ELECTION.—Section 9033(b) of such Code is 

9 amended— 

10 (1) by striking ‘‘and’’ at the end of paragraph 

11 (3); 

12 (2) by striking the period at the end of para13 graph (4) and inserting ‘‘, and’’; and 

14 (3) by inserting after paragraph (4) the fol15 lowing new paragraph: 

16 ‘‘(5) if the candidate is nominated by a political 

17 party for election to the office of President, the can18 didate will apply for and accept payments with re19 spect to the general election for such office in ac20 cordance with chapter 95.’’. 

21 (d) PROHIBITION ON JOINT FUNDRAISING COMMIT22 TEES.—Section 9033(b) of such Code, as amended by sub23 section (c), is amended— 

24 (1) by striking ‘‘and’’ at the end of paragraph 

25 (4); 


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1 (2) by striking the period at the end of para2 graph (5) and inserting ‘‘; and’’; and 

3 (3) by inserting after paragraph (5) adding at 

4 the end the following new paragraph: 

5 ‘‘(6) the candidate will not establish a joint 

6 fundraising committee with a political committee 

7 other than another authorized committee of the can8 didate, except that candidate established a joint 

9 fundraising committee with respect to a prior elec10 tion for which the candidate was not eligible to re11 ceive payments under section 9037 and the can12 didate does not terminate the committee, the can13 didate shall not be considered to be in violation of 

14 this paragraph so long as that joint fundraising 

15 committee does not receive any contributions or 

16 make any disbursements during the election cycle for 

17 which the candidate is eligible to receive payments 

18 under such section.’’. 

19 SEC. 5203. REPEAL OF EXPENDITURE LIMITATIONS. 

20 (a) IN GENERAL.—Subsection (a) of section 9035 of 

21 the Internal Revenue Code of 1986 is amended to read 

22 as follows: 

23 ‘‘(a) PERSONAL EXPENDITURE LIMITATION.—No 

24 candidate shall knowingly make expenditures from his per25 sonal funds, or the personal funds of his immediate family, 


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1 in connection with his campaign for nomination for elec2 tion to the office of President in excess of, in the aggre3 gate, $50,000.’’. 

4 (b) CONFORMING AMENDMENT.—Paragraph (1) of 

5 section 9033(b) of the Internal Revenue Code of 1986 is 

6 amended to read as follows: 

7 ‘‘(1) the candidate will comply with the per8 sonal expenditure limitation under section 9035,’’. 

9 SEC. 5204. PERIOD OF AVAILABILITY OF MATCHING PAY10 MENTS. 

11 Section 9032(6) of the Internal Revenue Code of 

12 1986 is amended by striking ‘‘the beginning of the cal13 endar year in which a general election for the office of 

14 President of the United States will be held’’ and inserting 

15 ‘‘the date that is 6 months prior to the date of the earliest 

16 State primary election’’. 

17 SEC. 5205. EXAMINATION AND AUDITS OF MATCHABLE CON18 TRIBUTIONS. 

19 Section 9038(a) of the Internal Revenue Code of 

20 1986 is amended by inserting ‘‘and matchable contribu21 tions accepted by’’ after ‘‘qualified campaign expenses of’’. 


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1 SEC. 5206. MODIFICATION TO LIMITATION ON CONTRIBU2 TIONS FOR PRESIDENTIAL PRIMARY CAN3 DIDATES. 

4 Section 315(a)(6) of the Federal Election Campaign 

5 Act of 1971 (52 U.S.C. 30116(a)(6)) is amended by strik6 ing ‘‘calendar year’’ and inserting ‘‘four-year election 

7 cycle’’. 

8 SEC. 5207. USE OF FREEDOM FROM INFLUENCE FUND AS 

9 SOURCE OF PAYMENTS. 

10 (a) IN GENERAL.—Chapter 96 of subtitle H of the 

11 Internal Revenue Code of 1986 is amended by adding at 

12 the end the following new section: 

13 ‘‘SEC. 9043. USE OF FREEDOM FROM INFLUENCE FUND AS 

14 SOURCE OF PAYMENTS. 

15 ‘‘(a) IN GENERAL.—Notwithstanding any other pro16 vision of this chapter, effective with respect to the Presi17 dential election held in 2028 and each succeeding Presi18 dential election, all payments made to candidates under 

19 this chapter shall be made from the Freedom From Influ20 ence Fund established under section 502 of the Federal 

21 Election Campaign Act of 1971 (hereafter in this section 

22 referred to as the ‘Fund’). 

23 ‘‘(b) MANDATORY REDUCTION OF PAYMENTS IN

24 CASE OF INSUFFICIENT AMOUNTS IN FUND.— 

25 ‘‘(1) ADVANCE AUDITS BY COMMISSION.—Not 

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1 dential election cycle (beginning with the cycle for 

2 the election held in 2028), the Commission shall— 

3 ‘‘(A) audit the Fund to determine whether, 

4 after first making payments to participating 

5 candidates under title V of the Federal Election 

6 Campaign Act of 1971, the amounts remaining 

7 in the Fund will be sufficient to make payments 

8 to candidates under this chapter in the amounts 

9 provided under this chapter during such elec10 tion cycle; and 

11 ‘‘(B) submit a report to Congress describ12 ing the results of the audit. 

13 ‘‘(2) REDUCTIONS IN AMOUNT OF PAYMENTS.— 

14 ‘‘(A) AUTOMATIC REDUCTION ON PRO

15 RATA BASIS.—If, on the basis of the audit de16 scribed in paragraph (1), the Commission deter17 mines that the amount anticipated to be avail18 able in the Fund with respect to the Presi19 dential election cycle involved is not, or may not 

20 be, sufficient to satisfy the full entitlements of 

21 candidates to payments under this chapter for 

22 such cycle, the Commission shall reduce each 

23 amount which would otherwise be paid to a can24 didate under this chapter by such pro rata 

25 amount as may be necessary to ensure that the 


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1 aggregate amount of payments anticipated to 

2 be made with respect to the cycle will not ex3 ceed the amount anticipated to be available for 

4 such payments in the Fund with respect to such 

5 cycle. 

6 ‘‘(B) RESTORATION OF REDUCTIONS IN

7 CASE OF AVAILABILITY OF SUFFICIENT FUNDS

8 DURING ELECTION CYCLE.—If, after reducing 

9 the amounts paid to candidates with respect to 

10 an election cycle under subparagraph (A), the 

11 Commission determines that there are sufficient 

12 amounts in the Fund to restore the amount by 

13 which such payments were reduced (or any por14 tion thereof), to the extent that such amounts 

15 are available, the Commission may make a pay16 ment on a pro rata basis to each such candidate 

17 with respect to the election cycle in the amount 

18 by which such candidate’s payments were re19 duced under subparagraph (A) (or any portion 

20 thereof, as the case may be). 

21 ‘‘(C) NO USE OF AMOUNTS FROM OTHER

22 SOURCES.—In any case in which the Commis23 sion determines that there are insufficient mon24 eys in the Fund to make payments to can25 didates under this chapter, moneys shall not be 


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1 made available from any other source for the 

2 purpose of making such payments. 

3 ‘‘(3) NO EFFECT ON AMOUNTS TRANSFERRED

4 FOR PEDIATRIC RESEARCH INITIATIVE.—This sec5 tion does not apply to the transfer of funds under 

6 section 9008(i). 

7 ‘‘(4) PRESIDENTIAL ELECTION CYCLE DE8 FINED.—In this section, the term ‘Presidential elec9 tion cycle’ means, with respect to a Presidential elec10 tion, the period beginning on the day after the date 

11 of the previous Presidential general election and 

12 ending on the date of the Presidential election.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 for chapter 96 of subtitle H of such Code is amended by 

15 adding at the end the following new item: 

‘‘Sec. 9043. Use of Freedom From Influence Fund as source of payments.’’. 

16 PART 2—GENERAL ELECTIONS 

17 SEC. 5211. MODIFICATION OF ELIGIBILITY REQUIREMENTS 

18 FOR PUBLIC FINANCING. 

19 Subsection (a) of section 9003 of the Internal Rev20 enue Code of 1986 is amended to read as follows: 

21 ‘‘(a) IN GENERAL.—In order to be eligible to receive 

22 any payments under section 9006, the candidates of a po23 litical party in a Presidential election shall meet the fol24 lowing requirements: 


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1 ‘‘(1) PARTICIPATION IN PRIMARY PAYMENT

2 SYSTEM.—The candidate for President received pay3 ments under chapter 96 for the campaign for nomi4 nation for election to be President. 

5 ‘‘(2) AGREEMENTS WITH COMMISSION.—The 

6 candidates, in writing— 

7 ‘‘(A) agree to obtain and furnish to the 

8 Commission such evidence as it may request of 

9 the qualified campaign expenses of such can10 didates, 

11 ‘‘(B) agree to keep and furnish to the 

12 Commission such records, books, and other in13 formation as it may request, and 

14 ‘‘(C) agree to an audit and examination by 

15 the Commission under section 9007 and to pay 

16 any amounts required to be paid under such 

17 section. 

18 ‘‘(3) PROHIBITION ON JOINT FUNDRAISING

19 COMMITTEES.— 

20 ‘‘(A) PROHIBITION.—The candidates cer21 tifies in writing that the candidates will not es22 tablish a joint fundraising committee with a po23 litical committee other than another authorized 

24 committee of the candidate. 


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1 ‘‘(B) STATUS OF EXISTING COMMITTEES

2 FOR PRIOR ELECTIONS.—If a candidate estab3 lished a joint fundraising committee described 

4 in subparagraph (A) with respect to a prior 

5 election for which the candidate was not eligible 

6 to receive payments under section 9006 and the 

7 candidate does not terminate the committee, 

8 the candidate shall not be considered to be in 

9 violation of subparagraph (A) so long as that 

10 joint fundraising committee does not receive 

11 any contributions or make any disbursements 

12 with respect to the election for which the can13 didate is eligible to receive payments under sec14 tion 9006.’’. 

15 SEC. 5212. REPEAL OF EXPENDITURE LIMITATIONS AND 

16 USE OF QUALIFIED CAMPAIGN CONTRIBU17 TIONS. 

18 (a) USE OF QUALIFIED CAMPAIGN CONTRIBUTIONS

19 WITHOUT EXPENDITURE LIMITS; APPLICATION OF SAME

20 REQUIREMENTS FOR MAJOR, MINOR, AND NEW PAR21 TIES.—Section 9003 of the Internal Revenue Code of 

22 1986 is amended by striking subsections (b) and (c) and 

23 inserting the following: 

24 ‘‘(b) USE OF QUALIFIED CAMPAIGN CONTRIBUTIONS

25 TO DEFRAY EXPENSES.— 


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1 ‘‘(1) IN GENERAL.—In order to be eligible to 

2 receive any payments under section 9006, the can3 didates of a party in a Presidential election shall 

4 certify to the Commission, under penalty of perjury, 

5 that— 

6 ‘‘(A) such candidates and their authorized 

7 committees have not and will not accept any 

8 contributions to defray qualified campaign ex9 penses other than— 

10 ‘‘(i) qualified campaign contributions, 

11 and 

12 ‘‘(ii) contributions to the extent nec13 essary to make up any deficiency payments 

14 received out of the fund on account of the 

15 application of section 9006(c), and 

16 ‘‘(B) such candidates and their authorized 

17 committees have not and will not accept any 

18 contribution to defray expenses which would be 

19 qualified campaign expenses but for subpara20 graph (C) of section 9002(11). 

21 ‘‘(2) TIMING OF CERTIFICATION.—The can22 didate shall make the certification required under 

23 this subsection at the same time the candidate 

24 makes the certification required under subsection 

25 (a)(3).’’. 


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1 (b) DEFINITION OF QUALIFIED CAMPAIGN CON2 TRIBUTION.—Section 9002 of such Code is amended by 

3 adding at the end the following new paragraph: 

4 ‘‘(13) QUALIFIED CAMPAIGN CONTRIBUTION.— 

5 The term ‘qualified campaign contribution’ means, 

6 with respect to any election for the office of Presi7 dent of the United States, a contribution from an in8 dividual to a candidate or an authorized committee 

9 of a candidate which— 

10 ‘‘(A) does not exceed $1,000 for the elec11 tion; and 

12 ‘‘(B) with respect to which the candidate 

13 has certified in writing that— 

14 ‘‘(i) the individual making such con15 tribution has not made aggregate contribu16 tions (including such qualified contribu17 tion) to such candidate and the authorized 

18 committees of such candidate in excess of 

19 the amount described in subparagraph (A), 

20 and 

21 ‘‘(ii) such candidate and the author22 ized committees of such candidate will not 

23 accept contributions from such individual 

24 (including such qualified contribution) ag25 gregating more than the amount described 


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1 in subparagraph (A) with respect to such 

2 election.’’. 

3 (c) CONFORMING AMENDMENTS.— 

4 (1) REPEAL OF EXPENDITURE LIMITS.— 

5 (A) IN GENERAL.—Section 315 of the Fed6 eral Election Campaign Act of 1971 (52 U.S.C. 

7 30116) is amended by striking subsection (b). 

8 (B) CONFORMING AMENDMENTS.—Section 

9 315(c) of such Act (52 U.S.C. 30116(c)) is 

10 amended— 

11 (i) in paragraph (1)(B)(i), by striking 

12 ‘‘, (b)’’; and 

13 (ii) in paragraph (2)(B)(i), by striking 

14 ‘‘subsections (b) and (d)’’ and inserting 

15 ‘‘subsection (d)’’. 

16 (2) REPEAL OF REPAYMENT REQUIREMENT.— 

17 (A) IN GENERAL.—Section 9007(b) of the 

18 Internal Revenue Code of 1986 is amended by 

19 striking paragraph (2) and redesignating para20 graphs (3), (4), and (5) as paragraphs (2), (3), 

21 and (4), respectively. 

22 (B) CONFORMING AMENDMENT.—Para23 graph (2) of section 9007(b) of such Code, as 

24 redesignated by subparagraph (A), is amend25 ed— 


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1 (i) by striking ‘‘a major party’’ and 

2 inserting ‘‘a party’’; 

3 (ii) by inserting ‘‘qualified contribu4 tions and’’ after ‘‘contributions (other 

5 than’’; and 

6 (iii) by striking ‘‘(other than qualified 

7 campaign expenses with respect to which 

8 payment is required under paragraph 

9 (2))’’. 

10 (3) CRIMINAL PENALTIES.— 

11 (A) REPEAL OF PENALTY FOR EXCESS EX12 PENSES.—Section 9012 of the Internal Revenue 

13 Code of 1986 is amended by striking subsection 

14 (a). 

15 (B) PENALTY FOR ACCEPTANCE OF DIS16 ALLOWED CONTRIBUTIONS; APPLICATION OF

17 SAME PENALTY FOR CANDIDATES OF MAJOR, 

18 MINOR, AND NEW PARTIES.—Subsection (b) of 

19 section 9012 of such Code is amended to read 

20 as follows: 

21 ‘‘(b) CONTRIBUTIONS.— 

22 ‘‘(1) ACCEPTANCE OF DISALLOWED CONTRIBU23 TIONS.—It shall be unlawful for an eligible can24 didate of a party in a Presidential election or any of 


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1 his authorized committees knowingly and willfully to 

2 accept— 

3 ‘‘(A) any contribution other than a quali4 fied campaign contribution to defray qualified 

5 campaign expenses, except to the extent nec6 essary to make up any deficiency in payments 

7 received out of the fund on account of the ap8 plication of section 9006(c); or 

9 ‘‘(B) any contribution to defray expenses 

10 which would be qualified campaign expenses but 

11 for subparagraph (C) of section 9002(11). 

12 ‘‘(2) PENALTY.—Any person who violates para13 graph (1) shall be fined not more than $5,000, or 

14 imprisoned not more than one year, or both. In the 

15 case of a violation by an authorized committee, any 

16 officer or member of such committee who knowingly 

17 and willfully consents to such violation shall be fined 

18 not more than $5,000, or imprisoned not more than 

19 one year, or both.’’. 

20 SEC. 5213. MATCHING PAYMENTS AND OTHER MODIFICA21 TIONS TO PAYMENT AMOUNTS. 

22 (a) IN GENERAL.— 

23 (1) AMOUNT OF PAYMENTS; APPLICATION OF

24 SAME AMOUNT FOR CANDIDATES OF MAJOR, MINOR, 

25 AND NEW PARTIES.—Subsection (a) of section 9004 


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1 of the Internal Revenue Code of 1986 is amended to 

2 read as follows: 

3 ‘‘(a) IN GENERAL.—Subject to the provisions of this 

4 chapter, the eligible candidates of a party in a Presidential 

5 election shall be entitled to equal payment under section 

6 9006 in an amount equal to 600 percent of the amount 

7 of each matchable contribution received by such candidate 

8 or by the candidate’s authorized committees (disregarding 

9 any amount of contributions from any person to the extent 

10 that the total of the amounts contributed by such person 

11 for the election exceeds $200), except that total amount 

12 to which a candidate is entitled under this paragraph shall 

13 not exceed $250,000,000.’’. 

14 (2) REPEAL OF SEPARATE LIMITATIONS FOR

15 CANDIDATES OF MINOR AND NEW PARTIES; INFLA16 TION ADJUSTMENT.—Subsection (b) of section 9004 

17 of such Code is amended to read as follows: 

18 ‘‘(b) INFLATION ADJUSTMENT.— 

19 ‘‘(1) IN GENERAL.—In the case of any applica20 ble period beginning after 2029, the $250,000,000 

21 dollar amount in subsection (a) shall be increased by 

22 an amount equal to— 

23 ‘‘(A) such dollar amount; multiplied by 

24 ‘‘(B) the cost-of-living adjustment deter25 mined under section 1(f)(3) for the calendar 


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1 year following the year which such applicable 

2 period begins, determined by substituting ‘cal3 endar year 2028’ for ‘calendar year 1992’ in 

4 subparagraph (B) thereof. 

5 ‘‘(2) APPLICABLE PERIOD.—For purposes of 

6 this subsection, the term ‘applicable period’ means 

7 the 4-year period beginning with the first day fol8 lowing the date of the general election for the office 

9 of President and ending on the date of the next such 

10 general election. 

11 ‘‘(3) ROUNDING.—If any amount as adjusted 

12 under paragraph (1) is not a multiple of $10,000, 

13 such amount shall be rounded to the nearest mul14 tiple of $10,000.’’. 

15 (3) CONFORMING AMENDMENT.—Section 

16 9005(a) of such Code is amended by adding at the 

17 end the following new sentence: ‘‘The Commission 

18 shall make such additional certifications as may be 

19 necessary to receive payments under section 9004.’’. 

20 (b) MATCHABLE CONTRIBUTION.—Section 9002 of 

21 such Code, as amended by section 5212(b), is amended 

22 by adding at the end the following new paragraph: 

23 ‘‘(14) MATCHABLE CONTRIBUTION.—The term 

24 ‘matchable contribution’ means, with respect to the 

25 election to the office of President of the United 


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1 States, a contribution by an individual to a can2 didate or an authorized committee of a candidate 

3 with respect to which the candidate has certified in 

4 writing that— 

5 ‘‘(A) the individual making such contribu6 tion has not made aggregate contributions (in7 cluding such matchable contribution) to such 

8 candidate and the authorized committees of 

9 such candidate in excess of $1,000 for the elec10 tion; 

11 ‘‘(B) such candidate and the authorized 

12 committees of such candidate will not accept 

13 contributions from such individual (including 

14 such matchable contribution) aggregating more 

15 than the amount described in subparagraph (A) 

16 with respect to such election; and 

17 ‘‘(C) such contribution was a direct con18 tribution (as defined in section 9034(c)(3)).’’. 

19 SEC. 5214. INCREASE IN LIMIT ON COORDINATED PARTY 

20 EXPENDITURES. 

21 (a) IN GENERAL.—Section 315(d)(2) of the Federal 

22 Election Campaign Act of 1971 (52 U.S.C. 30116(d)(2)) 

23 is amended to read as follows: 

24 ‘‘(2)(A) The national committee of a political party 

25 may not make any expenditure in connection with the genVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00521 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 eral election campaign of any candidate for President of 

2 the United States who is affiliated with such party which 

3 exceeds $100,000,000. 

4 ‘‘(B) For purposes of this paragraph— 

5 ‘‘(i) any expenditure made by or on behalf of a 

6 national committee of a political party and in con7 nection with a Presidential election shall be consid8 ered to be made in connection with the general elec9 tion campaign of a candidate for President of the 

10 United States who is affiliated with such party; and 

11 ‘‘(ii) any communication made by or on behalf 

12 of such party shall be considered to be made in con13 nection with the general election campaign of a can14 didate for President of the United States who is af15 filiated with such party if any portion of the commu16 nication is in connection with such election. 

17 ‘‘(C) Any expenditure under this paragraph shall be 

18 in addition to any expenditure by a national committee 

19 of a political party serving as the principal campaign com20 mittee of a candidate for the office of President of the 

21 United States.’’. 

22 (b) CONFORMING AMENDMENTS RELATING TO TIM23 ING OF COST-OF-LIVING ADJUSTMENT.— 

24 (1) IN GENERAL.—Section 315(c)(1) of such 

25 Act (52 U.S.C. 30116(c)(1)) is amended— 


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1 (A) in subparagraph (B), by striking ‘‘(d)’’ 

2 and inserting ‘‘(d)(2)’’; and 

3 (B) by adding at the end the following new 

4 subparagraph: 

5 ‘‘(D) In any calendar year after 2028— 

6 ‘‘(i) the dollar amount in subsection (d)(2) shall 

7 be increased by the percent difference determined 

8 under subparagraph (A); 

9 ‘‘(ii) the amount so increased shall remain in 

10 effect for the calendar year; and 

11 ‘‘(iii) if the amount after adjustment under 

12 clause (i) is not a multiple of $100, such amount 

13 shall be rounded to the nearest multiple of $100.’’. 

14 (2) BASE YEAR.—Section 315(c)(2)(B) of such 

15 Act (52 U.S.C. 30116(c)(2)(B)) is amended— 

16 (A) in clause (i)— 

17 (i) by striking ‘‘(d)’’ and inserting 

18 ‘‘(d)(3)’’; and 

19 (ii) by striking ‘‘and’’ at the end; 

20 (B) in clause (ii), by striking the period at 

21 the end and inserting ‘‘; and’’; and 

22 (C) by adding at the end the following new 

23 clause: 

24 ‘‘(iii) for purposes of subsection (d)(2), cal25 endar year 2027.’’. 


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1 SEC. 5215. ESTABLISHMENT OF UNIFORM DATE FOR RE2 LEASE OF PAYMENTS. 

3 (a) DATE FOR PAYMENTS.— 

4 (1) IN GENERAL.—Section 9006(b) of the In5 ternal Revenue Code of 1986 is amended to read as 

6 follows: 

7 ‘‘(b) PAYMENTS FROM THE FUND.—If the Secretary 

8 of the Treasury receives a certification from the Commis9 sion under section 9005 for payment to the eligible can10 didates of a political party, the Secretary shall pay to such 

11 candidates out of the fund the amount certified by the 

12 Commission on the later of— 

13 ‘‘(1) the last Friday occurring before the first 

14 Monday in September; or 

15 ‘‘(2) 24 hours after receiving the certifications 

16 for the eligible candidates of all major political par17 ties. 

18 Amounts paid to any such candidates shall be under the 

19 control of such candidates.’’. 

20 (2) CONFORMING AMENDMENT.—The first sen21 tence of section 9006(c) of such Code is amended by 

22 striking ‘‘the time of a certification by the Commis23 sion under section 9005 for payment’’ and inserting 

24 ‘‘the time of making a payment under subsection 

25 (b)’’. 


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1 (b) TIME FOR CERTIFICATION.—Section 9005(a) of 

2 the Internal Revenue Code of 1986 is amended by striking 

3 ‘‘10 days’’ and inserting ‘‘24 hours’’. 

4 SEC. 5216. AMOUNTS IN PRESIDENTIAL ELECTION CAM5 PAIGN FUND. 

6 Section 9006(c) of the Internal Revenue Code of 

7 1986 is amended by adding at the end the following new 

8 sentence: ‘‘In making a determination of whether there are 

9 insufficient moneys in the fund for purposes of the pre10 vious sentence, the Secretary shall take into account in 

11 determining the balance of the fund for a Presidential 

12 election year the Secretary’s best estimate of the amount 

13 of moneys which will be deposited into the fund during 

14 the year, except that the amount of the estimate may not 

15 exceed the average of the annual amounts deposited in the 

16 fund during the previous 3 years.’’. 

17 SEC. 5217. USE OF GENERAL ELECTION PAYMENTS FOR 

18 GENERAL ELECTION LEGAL AND ACCOUNT19 ING COMPLIANCE. 

20 Section 9002(11) of the Internal Revenue Code of 

21 1986 is amended by adding at the end the following new 

22 sentence: ‘‘For purposes of subparagraph (A), an expense 

23 incurred by a candidate or authorized committee for gen24 eral election legal and accounting compliance purposes 


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1 shall be considered to be an expense to further the election 

2 of such candidate.’’. 

3 SEC. 5218. USE OF FREEDOM FROM INFLUENCE FUND AS 

4 SOURCE OF PAYMENTS. 

5 (a) IN GENERAL.—Chapter 95 of subtitle H of the 

6 Internal Revenue Code of 1986 is amended by adding at 

7 the end the following new section: 

8 ‘‘SEC. 9013. USE OF FREEDOM FROM INFLUENCE FUND AS 

9 SOURCE OF PAYMENTS. 

10 ‘‘(a) IN GENERAL.—Notwithstanding any other pro11 vision of this chapter, effective with respect to the Presi12 dential election held in 2028 and each succeeding Presi13 dential election, all payments made under this chapter 

14 shall be made from the Freedom From Influence Fund 

15 established under section 502 of the Federal Election 

16 Campaign Act of 1971. 

17 ‘‘(b) MANDATORY REDUCTION OF PAYMENTS IN

18 CASE OF INSUFFICIENT AMOUNTS IN FUND.— 

19 ‘‘(1) ADVANCE AUDITS BY COMMISSION.—Not 

20 later than 90 days before the first day of each Presi21 dential election cycle (beginning with the cycle for 

22 the election held in 2028), the Commission shall— 

23 ‘‘(A) audit the Fund to determine whether, 

24 after first making payments to participating 

25 candidates under title V of the Federal Election 


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1 Campaign Act of 1971 and then making pay2 ments to candidates under chapter 96, the 

3 amounts remaining in the Fund will be suffi4 cient to make payments to candidates under 

5 this chapter in the amounts provided under this 

6 chapter during such election cycle; and 

7 ‘‘(B) submit a report to Congress describ8 ing the results of the audit. 

9 ‘‘(2) REDUCTIONS IN AMOUNT OF PAYMENTS.— 

10 ‘‘(A) AUTOMATIC REDUCTION ON PRO

11 RATA BASIS.—If, on the basis of the audit de12 scribed in paragraph (1), the Commission deter13 mines that the amount anticipated to be avail14 able in the Fund with respect to the Presi15 dential election cycle involved is not, or may not 

16 be, sufficient to satisfy the full entitlements of 

17 candidates to payments under this chapter for 

18 such cycle, the Commission shall reduce each 

19 amount which would otherwise be paid to a can20 didate under this chapter by such pro rata 

21 amount as may be necessary to ensure that the 

22 aggregate amount of payments anticipated to 

23 be made with respect to the cycle will not ex24 ceed the amount anticipated to be available for 


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1 such payments in the Fund with respect to such 

2 cycle. 

3 ‘‘(B) RESTORATION OF REDUCTIONS IN

4 CASE OF AVAILABILITY OF SUFFICIENT FUNDS

5 DURING ELECTION CYCLE.—If, after reducing 

6 the amounts paid to candidates with respect to 

7 an election cycle under subparagraph (A), the 

8 Commission determines that there are sufficient 

9 amounts in the Fund to restore the amount by 

10 which such payments were reduced (or any por11 tion thereof), to the extent that such amounts 

12 are available, the Commission may make a pay13 ment on a pro rata basis to each such candidate 

14 with respect to the election cycle in the amount 

15 by which such candidate’s payments were re16 duced under subparagraph (A) (or any portion 

17 thereof, as the case may be). 

18 ‘‘(C) NO USE OF AMOUNTS FROM OTHER

19 SOURCES.—In any case in which the Commis20 sion determines that there are insufficient mon21 eys in the Fund to make payments to can22 didates under this chapter, moneys shall not be 

23 made available from any other source for the 

24 purpose of making such payments. 


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1 ‘‘(3) NO EFFECT ON AMOUNTS TRANSFERRED

2 FOR PEDIATRIC RESEARCH INITIATIVE.—This sec3 tion does not apply to the transfer of funds under 

4 section 9008(i). 

5 ‘‘(4) PRESIDENTIAL ELECTION CYCLE DE6 FINED.—In this section, the term ‘Presidential elec7 tion cycle’ means, with respect to a Presidential elec8 tion, the period beginning on the day after the date 

9 of the previous Presidential general election and 

10 ending on the date of the Presidential election.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 for chapter 95 of subtitle H of such Code is amended by 

13 adding at the end the following new item: 

‘‘Sec. 9013. Use of Freedom From Influence Fund as source of payments.’’. 

14 PART 3—EFFECTIVE DATE 

15 SEC. 5221. EFFECTIVE DATE. 

16 (a) IN GENERAL.—Except as otherwise provided, this 

17 subtitle and the amendments made by this subtitle shall 

18 apply with respect to the Presidential election held in 2028 

19 and each succeeding Presidential election, without regard 

20 to whether or not the Federal Election Commission has 

21 promulgated the final regulations necessary to carry out 

22 this part and the amendments made by this part by the 

23 deadline set forth in subsection (b). 

24 (b) DEADLINE FOR REGULATIONS.—Not later than 

25 June 30, 2026, the Federal Election Commission shall 


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1 promulgate such regulations as may be necessary to carry 

2 out this part and the amendments made by this part. 

3 Subtitle D—Personal Use Services 

4 as Authorized Campaign Ex5 penditures 

6 SEC. 5301. SHORT TITLE; FINDINGS; PURPOSE. 

7 (a) SHORT TITLE.—This subtitle may be cited as the 

8 ‘‘Help America Run Act’’. 

9 (b) FINDINGS.—Congress finds the following: 

10 (1) Everyday Americans experience barriers to 

11 entry before they can consider running for office to 

12 serve their communities. 

13 (2) Current law states that campaign funds 

14 cannot be spent on everyday expenses that would 

15 exist whether or not a candidate were running for 

16 office, like childcare and food. While the law seems 

17 neutral, its actual effect is to privilege the independ18 ently wealthy who want to run, because given the de19 mands of running for office, candidates who must 

20 work to pay for childcare or to afford health insur21 ance are effectively being left out of the process, 

22 even if they have sufficient support to mount a via23 ble campaign. 

24 (3) Thus current practice favors those prospec25 tive candidates who do not need to rely on a regular 


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1 paycheck to make ends meet. The consequence is 

2 that everyday Americans who have firsthand knowl3 edge of the importance of stable childcare, a safety 

4 net, or great public schools are less likely to get a 

5 seat at the table. This governance by the few is anti6 thetical to the democratic experiment, but most im7 portantly, when lawmakers do not share the con8 cerns of everyday Americans, their policies reflect 

9 that. 

10 (4) These circumstances have contributed to a 

11 Congress that does not always reflect everyday 

12 Americans. The New York Times reported in 2019 

13 that fewer than 5 percent of representatives cite 

14 blue-collar or service jobs in their biographies. A 

15 2015 survey by the Center for Responsive Politics 

16 showed that the median net worth of lawmakers was 

17 just over $1 million in 2013, or 18 times the wealth 

18 of the typical American household. 

19 (5) These circumstances have also contributed 

20 to a governing body that does not reflect the nation 

21 it serves. For instance, women are 51% of the 

22 American population. Yet even with a record number 

23 of women serving in the One Hundred Sixteenth 

24 Congress, the Pew Research Center notes that more 

25 than three out of four Members of this Congress are 


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1 male. The Center for American Women And Politics 

2 found that one third of women legislators surveyed 

3 had been actively discouraged from running for of4 fice, often by political professionals. This type of dis5 couragement, combined with the prohibitions on 

6 using campaign funds for domestic needs like 

7 childcare, burdens that still fall disproportionately 

8 on American women, particularly disadvantages 

9 working mothers. These barriers may explain why 

10 only 10 women in history have given birth while 

11 serving in Congress, in spite of the prevalence of 

12 working parents in other professions. Yet working 

13 mothers and fathers are best positioned to create 

14 policy that reflects the lived experience of most 

15 Americans. 

16 (6) Working mothers, those caring for their el17 derly parents, and young professionals who rely on 

18 their jobs for health insurance should have the free19 dom to run to serve the people of the United States. 

20 Their networks and net worth are simply not the 

21 best indicators of their strength as prospective pub22 lic servants. In fact, helping ordinary Americans to 

23 run may create better policy for all Americans. 

24 (c) PURPOSE.—It is the purpose of this subtitle to 

25 ensure that all Americans who are otherwise qualified to 


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1 serve this Nation are able to run for office, regardless of 

2 their economic status. By expanding permissible uses of 

3 campaign funds and providing modest assurance that test4 ing a run for office will not cost one’s livelihood, the Help 

5 America Run Act will facilitate the candidacy of represent6 atives who more accurately reflect the experiences, chal7 lenges, and ideals of everyday Americans. 

8 SEC. 5302. TREATMENT OF PAYMENTS FOR CHILD CARE 

9 AND OTHER PERSONAL USE SERVICES AS AU10 THORIZED CAMPAIGN EXPENDITURE. 

11 (a) PERSONAL USE SERVICES AS AUTHORIZED CAM12 PAIGN EXPENDITURE.—Section 313 of the Federal Elec13 tion Campaign Act of 1971 (52 U.S.C. 30114) is amended 

14 by adding at the end the following new subsection: 

15 ‘‘(d) TREATMENT OF PAYMENTS FOR CHILD CARE

16 AND OTHER PERSONAL USE SERVICES AS AUTHORIZED

17 CAMPAIGN EXPENDITURE.— 

18 ‘‘(1) AUTHORIZED EXPENDITURES.—For pur19 poses of subsection (a), the payment by an author20 ized committee of a candidate for any of the per21 sonal use services described in paragraph (3) shall 

22 be treated as an authorized expenditure if the serv23 ices are necessary to enable the participation of the 

24 candidate in campaign-connected activities. 

25 ‘‘(2) LIMITATIONS.— 


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1 ‘‘(A) LIMIT ON TOTAL AMOUNT OF PAY2 MENTS.—The total amount of payments made 

3 by an authorized committee of a candidate for 

4 personal use services described in paragraph (3) 

5 may not exceed the limit which is applicable 

6 under any law, rule, or regulation on the 

7 amount of payments which may be made by the 

8 committee for the salary of the candidate (with9 out regard to whether or not the committee 

10 makes payments to the candidate for that pur11 pose). 

12 ‘‘(B) CORRESPONDING REDUCTION IN

13 AMOUNT OF SALARY PAID TO CANDIDATE.—To 

14 the extent that an authorized committee of a 

15 candidate makes payments for the salary of the 

16 candidate, any limit on the amount of such pay17 ments which is applicable under any law, rule, 

18 or regulation shall be reduced by the amount of 

19 any payments made to or on behalf of the can20 didate for personal use services described in 

21 paragraph (3), other than personal use services 

22 described in subparagraph (E) of such para23 graph. 

24 ‘‘(C) EXCLUSION OF CANDIDATES WHO

25 ARE OFFICEHOLDERS.—Paragraph (1) does not 


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1 apply with respect to an authorized committee 

2 of a candidate who is a holder of Federal office. 

3 ‘‘(3) PERSONAL USE SERVICES DESCRIBED.— 

4 The personal use services described in this para5 graph are as follows: 

6 ‘‘(A) Child care services. 

7 ‘‘(B) Elder care services. 

8 ‘‘(C) Services similar to the services de9 scribed in subparagraph (A) or subparagraph 

10 (B) which are provided on behalf of any de11 pendent who is a qualifying relative under sec12 tion 152 of the Internal Revenue Code of 1986. 

13 ‘‘(D) Health insurance premiums.’’. 

14 (b) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect on the date of the enactment 

16 of this Act. 

17 Subtitle E—Empowering Small 

18 Dollar Donations 

19 SEC. 5401. PERMITTING POLITICAL PARTY COMMITTEES TO 

20 PROVIDE ENHANCED SUPPORT FOR CAN21 DIDATES THROUGH USE OF SEPARATE 

22 SMALL DOLLAR ACCOUNTS. 

23 (a) INCREASE IN LIMIT ON CONTRIBUTIONS TO CAN24 DIDATES.—Section 315(a)(2)(A) of the Federal Election 

25 Campaign Act of 1971 (52 U.S.C. 30116(a)(2)(A)) is 


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1 amended by striking ‘‘exceed $5,000’’ and inserting ‘‘ex2 ceed $5,000 or, in the case of a contribution made by a 

3 national committee of a political party from an account 

4 described in paragraph (10), exceed $10,000’’. 

5 (b) ELIMINATION OF LIMIT ON COORDINATED EX6 PENDITURES.—Section 315(d)(5) of such Act (52 U.S.C. 

7 30116(d)(5)) is amended by striking ‘‘subsection (a)(9)’’ 

8 and inserting ‘‘subsection (a)(9) or subsection (a)(10)’’. 

9 (c) ACCOUNTS DESCRIBED.—Section 315(a) of such 

10 Act (52 U.S.C. 30116(a)) is amended by adding at the 

11 end the following new paragraph: 

12 ‘‘(10) An account described in this paragraph is a 

13 separate, segregated account of a national committee of 

14 a political party (including a national congressional cam15 paign committee of a political party) consisting exclusively 

16 of contributions made during a calendar year by individ17 uals whose aggregate contributions to the committee dur18 ing the year do not exceed $200.’’. 

19 (d) EFFECTIVE DATE.—The amendments made by 

20 this section shall apply with respect to elections held on 

21 or after the date of the enactment of this Act. 

22 Subtitle F—Severability 

23 SEC. 5501. SEVERABILITY. 

24 If any provision of this title or amendment made by 

25 this title, or the application of a provision or amendment 


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1 to any person or circumstance, is held to be unconstitu2 tional, the remainder of this title and amendments made 

3 by this title, and the application of the provisions and 

4 amendment to any person or circumstance, shall not be 

5 affected by the holding. 

6 TITLE VI—CAMPAIGN FINANCE 

7 OVERSIGHT 

8 Subtitle A—Restoring Integrity to 

9 America’s Elections 

10 SEC. 6001. SHORT TITLE. 

11 This subtitle may be cited as the ‘‘Restoring Integrity 

12 to America’s Elections Act’’. 

13 SEC. 6002. MEMBERSHIP OF FEDERAL ELECTION COMMIS14 SION. 

15 (a) REDUCTION IN NUMBER OF MEMBERS; REMOVAL

16 OF SECRETARY OF SENATE AND CLERK OF HOUSE AS

17 EX OFFICIO MEMBERS.— 

18 (1) IN GENERAL; QUORUM.—Section 306(a)(1) 

19 of the Federal Election Campaign Act of 1971 (52 

20 U.S.C. 30106(a)(1)) is amended by striking the sec21 ond and third sentences and inserting the following: 

22 ‘‘The Commission is composed of 5 members ap23 pointed by the President by and with the advice and 

24 consent of the Senate, of whom no more than 2 may 

25 be affiliated with the same political party. A member 


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1 shall be treated as affiliated with a political party if 

2 the member was affiliated, including as a registered 

3 voter, employee, consultant, donor, officer, or attor4 ney, with such political party or any of its can5 didates or elected public officials at any time during 

6 the 5-year period ending on the date on which such 

7 individual is nominated to be a member of the Com8 mission. A majority of the number of members of 

9 the Commission who are serving at the time shall 

10 constitute a quorum, except that 3 members shall 

11 constitute a quorum if there are 4 members serving 

12 at the time.’’. 

13 (2) CONFORMING AMENDMENTS RELATING TO

14 REDUCTION IN NUMBER OF MEMBERS.—(A) The 

15 second sentence of section 306(c) of such Act (52 

16 U.S.C. 30106(c)) is amended by striking ‘‘affirma17 tive vote of 4 members of the Commission’’ and in18 serting ‘‘affirmative vote of a majority of the mem19 bers of the Commission who are serving at the 

20 time’’. 

21 (B) Such Act is further amended by striking 

22 ‘‘affirmative vote of 4 of its members’’ and inserting 

23 ‘‘affirmative vote of a majority of the members of 

24 the Commission who are serving at the time’’ each 

25 place it appears in the following sections: 


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1 (i) Section 309(a)(2) (52 U.S.C. 

2 30109(a)(2)). 

3 (ii) Section 309(a)(4)(A)(i) (52 U.S.C. 

4 30109(a)(4)(A)(i)). 

5 (iii) Section 309(a)(5)(C) (52 U.S.C. 

6 30109(a)(5)(C)). 

7 (iv) Section 309(a)(6)(A) (52 U.S.C. 

8 30109(a)(6)(A)). 

9 (v) Section 311(b) (52 U.S.C. 30111(b)). 

10 (3) CONFORMING AMENDMENT RELATING TO

11 REMOVAL OF EX OFFICIO MEMBERS.—Section 

12 306(a) of such Act (52 U.S.C. 30106(a)) is amend13 ed by striking ‘‘(other than the Secretary of the Sen14 ate and the Clerk of the House of Representatives)’’ 

15 each place it appears in paragraphs (4) and (5). 

16 (b) TERMS OF SERVICE.—Section 306(a)(2) of such 

17 Act (52 U.S.C. 30106(a)(2)) is amended to read as fol18 lows: 

19 ‘‘(2) TERMS OF SERVICE.— 

20 ‘‘(A) IN GENERAL.—Each member of the 

21 Commission shall serve for a single term of 6 

22 years. 

23 ‘‘(B) SPECIAL RULE FOR INITIAL APPOINT24 MENTS.—Of the members first appointed to 

25 serve terms that begin in January 2022, the 


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1 President shall designate 2 to serve for a 3-year 

2 term. 

3 ‘‘(C) NO REAPPOINTMENT PERMITTED.— 

4 An individual who served a term as a member 

5 of the Commission may not serve for an addi6 tional term, except that— 

7 ‘‘(i) an individual who served a 3-year 

8 term under subparagraph (B) may also be 

9 appointed to serve a 6-year term under 

10 subparagraph (A); and 

11 ‘‘(ii) for purposes of this subpara12 graph, an individual who is appointed to 

13 fill a vacancy under subparagraph (D) 

14 shall not be considered to have served a 

15 term if the portion of the unexpired term 

16 the individual fills is less than 50 percent 

17 of the period of the term. 

18 ‘‘(D) VACANCIES.—Any vacancy occurring 

19 in the membership of the Commission shall be 

20 filled in the same manner as in the case of the 

21 original appointment. Except as provided in 

22 subparagraph (C), an individual appointed to 

23 fill a vacancy occurring other than by the expi24 ration of a term of office shall be appointed 


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1 only for the unexpired term of the member he 

2 or she succeeds. 

3 ‘‘(E) LIMITATION ON SERVICE AFTER EX4 PIRATION OF TERM.—A member of the Com5 mission may continue to serve on the Commis6 sion after the expiration of the member’s term 

7 for an additional period, but only until the ear8 lier of— 

9 ‘‘(i) the date on which the member’s 

10 successor has taken office as a member of 

11 the Commission; or 

12 ‘‘(ii) the expiration of the 1-year pe13 riod that begins on the last day of the 

14 member’s term.’’. 

15 (c) QUALIFICATIONS.—Section 306(a)(3) of such Act 

16 (52 U.S.C. 30106(a)(3)) is amended to read as follows: 

17 ‘‘(3) QUALIFICATIONS.— 

18 ‘‘(A) IN GENERAL.—The President may 

19 select an individual for service as a member of 

20 the Commission if the individual has experience 

21 in election law and has a demonstrated record 

22 of integrity, impartiality, and good judgment. 

23 ‘‘(B) ASSISTANCE OF BLUE RIBBON ADVI24 SORY PANEL.— 


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1 ‘‘(i) IN GENERAL.—Prior to the regu2 larly scheduled expiration of the term of a 

3 member of the Commission and upon the 

4 occurrence of a vacancy in the membership 

5 of the Commission prior to the expiration 

6 of a term, the President shall convene a 

7 Blue Ribbon Advisory Panel, that includes 

8 individuals representing each major polit9 ical party and individuals who are inde10 pendent of a political party and that con11 sists of an odd number of individuals se12 lected by the President from retired Fed13 eral judges, former law enforcement offi14 cials, or individuals with experience in elec15 tion law, except that the President may not 

16 select any individual to serve on the panel 

17 who holds any public office at the time of 

18 selection. The President shall also make 

19 reasonable efforts to encourage racial, eth20 nic, and gender diversity on the panel. 

21 ‘‘(ii) RECOMMENDATIONS.—With re22 spect to each member of the Commission 

23 whose term is expiring or each vacancy in 

24 the membership of the Commission (as the 

25 case may be), the Blue Ribbon Advisory 


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1 Panel shall recommend to the President at 

2 least one but not more than 3 individuals 

3 for nomination for appointment as a mem4 ber of the Commission. 

5 ‘‘(iii) PUBLICATION.—At the time the 

6 President submits to the Senate the nomi7 nations for individuals to be appointed as 

8 members of the Commission, the President 

9 shall publish the Blue Ribbon Advisory 

10 Panel’s recommendations for such nomina11 tions. 

12 ‘‘(iv) EXEMPTION FROM FEDERAL AD13 VISORY COMMITTEE ACT.—The Federal 

14 Advisory Committee Act (5 U.S.C. App.) 

15 does not apply to a Blue Ribbon Advisory 

16 Panel convened under this subparagraph. 

17 ‘‘(C) PROHIBITING ENGAGEMENT WITH

18 OTHER BUSINESS OR EMPLOYMENT DURING

19 SERVICE.—A member of the Commission shall 

20 not engage in any other business, vocation, or 

21 employment. Any individual who is engaging in 

22 any other business, vocation, or employment at 

23 the time of his or her appointment to the Com24 mission shall terminate or liquidate such activVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00543 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 ity no later than 90 days after such appoint2 ment.’’. 

3 SEC. 6003. ASSIGNMENT OF POWERS TO CHAIR OF FED4 ERAL ELECTION COMMISSION. 

5 (a) APPOINTMENT OF CHAIR BY PRESIDENT.— 

6 (1) IN GENERAL.—Section 306(a)(5) of the 

7 Federal Election Campaign Act of 1971 (52 U.S.C. 

8 30106(a)(5)) is amended to read as follows: 

9 ‘‘(5) CHAIR.— 

10 ‘‘(A) INITIAL APPOINTMENT.—Of the 

11 members first appointed to serve terms that 

12 begin in January 2022, one such member (as 

13 designated by the President at the time the 

14 President submits nominations to the Senate) 

15 shall serve as Chair of the Commission. 

16 ‘‘(B) SUBSEQUENT APPOINTMENTS.—Any 

17 individual who is appointed to succeed the 

18 member who serves as Chair of the Commission 

19 for the term beginning in January 2022 (as 

20 well as any individual who is appointed to fill 

21 a vacancy if such member does not serve a full 

22 term as Chair) shall serve as Chair of the Com23 mission. 

24 ‘‘(C) VICE CHAIR.—The Commission shall 

25 select, by majority vote of its members, one of 


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1 its members to serve as Vice Chair, who shall 

2 act as Chair in the absence or disability of the 

3 Chair or in the event of a vacancy in the posi4 tion of Chair.’’. 

5 (2) CONFORMING AMENDMENT.—Section 

6 309(a)(2) of such Act (52 U.S.C. 30109(a)(2)) is 

7 amended by striking ‘‘through its chairman or vice 

8 chairman’’ and inserting ‘‘through the Chair’’. 

9 (b) POWERS.— 

10 (1) ASSIGNMENT OF CERTAIN POWERS TO

11 CHAIR.—Section 307(a) of such Act (52 U.S.C. 

12 30107(a)) is amended to read as follows: 

13 ‘‘(a) DISTRIBUTION OF POWERS BETWEEN CHAIR

14 AND COMMISSION.— 

15 ‘‘(1) POWERS ASSIGNED TO CHAIR.— 

16 ‘‘(A) ADMINISTRATIVE POWERS.—The 

17 Chair of the Commission shall be the chief ad18 ministrative officer of the Commission and shall 

19 have the authority to administer the Commis20 sion and its staff, and (in consultation with the 

21 other members of the Commission) shall have 

22 the power— 

23 ‘‘(i) to appoint and remove the staff 

24 director of the Commission; 


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1 ‘‘(ii) to request the assistance (includ2 ing personnel and facilities) of other agen3 cies and departments of the United States, 

4 whose heads may make such assistance 

5 available to the Commission with or with6 out reimbursement; and 

7 ‘‘(iii) to prepare and establish the 

8 budget of the Commission and to make 

9 budget requests to the President, the Di10 rector of the Office of Management and 

11 Budget, and Congress. 

12 ‘‘(B) OTHER POWERS.—The Chair of the 

13 Commission shall have the power— 

14 ‘‘(i) to appoint and remove the gen15 eral counsel of the Commission with the 

16 concurrence of at least 2 other members of 

17 the Commission; 

18 ‘‘(ii) to require by special or general 

19 orders, any person to submit, under oath, 

20 such written reports and answers to ques21 tions as the Chair may prescribe; 

22 ‘‘(iii) to administer oaths or affirma23 tions; 

24 ‘‘(iv) to require by subpoena, signed 

25 by the Chair, the attendance and testimony 


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1 of witnesses and the production of all doc2 umentary evidence relating to the execu3 tion of its duties; 

4 ‘‘(v) in any proceeding or investiga5 tion, to order testimony to be taken by 

6 deposition before any person who is des7 ignated by the Chair, and shall have the 

8 power to administer oaths and, in such in9 stances, to compel testimony and the pro10 duction of evidence in the same manner as 

11 authorized under clause (iv); and 

12 ‘‘(vi) to pay witnesses the same fees 

13 and mileage as are paid in like cir14 cumstances in the courts of the United 

15 States. 

16 ‘‘(2) POWERS ASSIGNED TO COMMISSION.—The 

17 Commission shall have the power— 

18 ‘‘(A) to initiate (through civil actions for 

19 injunctive, declaratory, or other appropriate re20 lief), defend (in the case of any civil action 

21 brought under section 309(a)(8) of this Act) or 

22 appeal (including a proceeding before the Su23 preme Court on certiorari) any civil action in 

24 the name of the Commission to enforce the pro25 visions of this Act and chapter 95 and chapter 


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1 96 of the Internal Revenue Code of 1986, 

2 through its general counsel; 

3 ‘‘(B) to render advisory opinions under 

4 section 308 of this Act; 

5 ‘‘(C) to develop such prescribed forms and 

6 to make, amend, and repeal such rules, pursu7 ant to the provisions of chapter 5 of title 5, 

8 United States Code, as are necessary to carry 

9 out the provisions of this Act and chapter 95 

10 and chapter 96 of the Internal Revenue Code of 

11 1986; 

12 ‘‘(D) to conduct investigations and hear13 ings expeditiously, to encourage voluntary com14 pliance, and to report apparent violations to the 

15 appropriate law enforcement authorities; and 

16 ‘‘(E) to transmit to the President and Con17 gress not later than June 1 of each year a re18 port which states in detail the activities of the 

19 Commission in carrying out its duties under 

20 this Act, and which includes any recommenda21 tions for any legislative or other action the 

22 Commission considers appropriate. 

23 ‘‘(3) PERMITTING COMMISSION TO EXERCISE

24 OTHER POWERS OF CHAIR.—With respect to any in25 vestigation, action, or proceeding, the Commission, 


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1 by an affirmative vote of a majority of the members 

2 who are serving at the time, may exercise any of the 

3 powers of the Chair described in paragraph (1)(B).’’. 

4 (2) CONFORMING AMENDMENTS RELATING TO

5 PERSONNEL AUTHORITY.—Section 306(f) of such 

6 Act (52 U.S.C. 30106(f)) is amended— 

7 (A) by amending the first sentence of 

8 paragraph (1) to read as follows: ‘‘The Com9 mission shall have a staff director who shall be 

10 appointed by the Chair of the Commission in 

11 consultation with the other members and a gen12 eral counsel who shall be appointed by the 

13 Chair with the concurrence of at least two other 

14 members.’’; 

15 (B) in paragraph (2), by striking ‘‘With 

16 the approval of the Commission’’ and inserting 

17 ‘‘With the approval of the Chair of the Commis18 sion’’; and 

19 (C) by striking paragraph (3). 

20 (3) CONFORMING AMENDMENT RELATING TO

21 BUDGET SUBMISSION.—Section 307(d)(1) of such 

22 Act (52 U.S.C. 30107(d)(1)) is amended by striking 

23 ‘‘the Commission submits any budget’’ and inserting 

24 ‘‘the Chair (or, pursuant to subsection (a)(3), the 

25 Commission) submits any budget’’. 


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1 (4) OTHER CONFORMING AMENDMENTS.—Sec2 tion 306(c) of such Act (52 U.S.C. 30106(c)) is 

3 amended by striking ‘‘All decisions’’ and inserting 

4 ‘‘Subject to section 307(a), all decisions’’. 

5 (5) TECHNICAL AMENDMENT.—The heading of 

6 section 307 of such Act (52 U.S.C. 30107) is 

7 amended by striking ‘‘THE COMMISSION’’ and insert8 ing ‘‘THE CHAIR AND THE COMMISSION’’. 

9 SEC. 6004. REVISION TO ENFORCEMENT PROCESS. 

10 (a) STANDARD FOR INITIATING INVESTIGATIONS AND

11 DETERMINING WHETHER VIOLATIONS HAVE OC12 CURRED.— 

13 (1) REVISION OF STANDARDS.—Section 309(a) 

14 of the Federal Election Campaign Act of 1971 (52 

15 U.S.C. 30109(a)) is amended by striking paragraphs 

16 (2) and (3) and inserting the following: 

17 ‘‘(2)(A) The general counsel, upon receiving a com18 plaint filed with the Commission under paragraph (1) or 

19 upon the basis of information ascertained by the Commis20 sion in the normal course of carrying out its supervisory 

21 responsibilities, shall make a determination as to whether 

22 or not there is reason to believe that a person has com23 mitted, or is about to commit, a violation of this Act or 

24 chapter 95 or chapter 96 of the Internal Revenue Code 

25 of 1986, and as to whether or not the Commission should 


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1 either initiate an investigation of the matter or that the 

2 complaint should be dismissed. The general counsel shall 

3 promptly provide notification to the Commission of such 

4 determination and the reasons therefore, together with 

5 any written response submitted under paragraph (1) by 

6 the person alleged to have committed the violation. Upon 

7 the expiration of the 30-day period which begins on the 

8 date the general counsel provides such notification, the 

9 general counsel’s determination shall take effect, unless 

10 during such 30-day period the Commission, by vote of a 

11 majority of the members of the Commission who are serv12 ing at the time, overrules the general counsel’s determina13 tion. If the determination by the general counsel that the 

14 Commission should investigate the matter takes effect, or 

15 if the determination by the general counsel that the com16 plaint should be dismissed is overruled as provided under 

17 the previous sentence, the general counsel shall initiate an 

18 investigation of the matter on behalf of the Commission. 

19 ‘‘(B) If the Commission initiates an investigation 

20 pursuant to subparagraph (A), the Commission, through 

21 the Chair, shall notify the subject of the investigation of 

22 the alleged violation. Such notification shall set forth the 

23 factual basis for such alleged violation. The Commission 

24 shall make an investigation of such alleged violation, which 

25 may include a field investigation or audit, in accordance 


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1 with the provisions of this section. The general counsel 

2 shall provide notification to the Commission of any intent 

3 to issue a subpoena or conduct any other form of discovery 

4 pursuant to the investigation. Upon the expiration of the 

5 15-day period which begins on the date the general counsel 

6 provides such notification, the general counsel may issue 

7 the subpoena or conduct the discovery, unless during such 

8 15-day period the Commission, by vote of a majority of 

9 the members of the Commission who are serving at the 

10 time, prohibits the general counsel from issuing the sub11 poena or conducting the discovery. 

12 ‘‘(3)(A) Upon completion of an investigation under 

13 paragraph (2), the general counsel shall promptly submit 

14 to the Commission the general counsel’s recommendation 

15 that the Commission find either that there is probable 

16 cause or that there is not probable cause to believe that 

17 a person has committed, or is about to commit, a violation 

18 of this Act or chapter 95 or chapter 96 of the Internal 

19 Revenue Code of 1986, and shall include with the rec20 ommendation a brief stating the position of the general 

21 counsel on the legal and factual issues of the case. 

22 ‘‘(B) At the time the general counsel submits to the 

23 Commission the recommendation under subparagraph (A), 

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1 fore, shall provide the respondent with an opportunity to 

2 submit a brief within 30 days stating the position of the 

3 respondent on the legal and factual issues of the case and 

4 replying to the brief of the general counsel. The general 

5 counsel and shall promptly submit such brief to the Com6 mission upon receipt. 

7 ‘‘(C) Not later than 30 days after the general counsel 

8 submits the recommendation to the Commission under 

9 subparagraph (A) (or, if the respondent submits a brief 

10 under subparagraph (B), not later than 30 days after the 

11 general counsel submits the respondent’s brief to the Com12 mission under such subparagraph), the Commission shall 

13 approve or disapprove the recommendation by vote of a 

14 majority of the members of the Commission who are serv15 ing at the time.’’. 

16 (2) CONFORMING AMENDMENT RELATING TO

17 INITIAL RESPONSE TO FILING OF COMPLAINT.—Sec18 tion 309(a)(1) of such Act (52 U.S.C. 30109(a)(1)) 

19 is amended— 

20 (A) in the third sentence, by striking ‘‘the 

21 Commission’’ and inserting ‘‘the general coun22 sel’’; and 

23 (B) by amending the fourth sentence to 

24 read as follows: ‘‘Not later than 15 days after 

25 receiving notice from the general counsel under 


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1 the previous sentence, the person may provide 

2 the general counsel with a written response that 

3 no action should be taken against such person 

4 on the basis of the complaint.’’. 

5 (b) REVISION OF STANDARD FOR REVIEW OF DIS6 MISSAL OF COMPLAINTS.— 

7 (1) IN GENERAL.—Section 309(a)(8) of such 

8 Act (52 U.S.C. 30109(a)(8)) is amended to read as 

9 follows: 

10 ‘‘(8)(A)(i) Any party aggrieved by an order of the 

11 Commission dismissing a complaint filed by such party 

12 after finding either no reason to believe a violation has 

13 occurred or no probable cause a violation has occurred 

14 may file a petition with the United States District Court 

15 for the District of Columbia. Any petition under this sub16 paragraph shall be filed within 60 days after the date on 

17 which the party received notice of the dismissal of the 

18 complaint. 

19 ‘‘(ii) In any proceeding under this subparagraph, the 

20 court shall determine by de novo review whether the agen21 cy’s dismissal of the complaint is contrary to law. In any 

22 matter in which the penalty for the alleged violation is 

23 greater than $50,000, the court should disregard any 

24 claim or defense by the Commission of prosecutorial dis25 cretion as a basis for dismissing the complaint. 


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1 ‘‘(B)(i) Any party who has filed a complaint with the 

2 Commission and who is aggrieved by a failure of the Com3 mission, within one year after the filing of the complaint, 

4 to either dismiss the complaint or to find reason to believe 

5 a violation has occurred or is about to occur, may file a 

6 petition with the United States District Court for the Dis7 trict of Columbia. 

8 ‘‘(ii) In any proceeding under this subparagraph, the 

9 court shall treat the failure to act on the complaint as 

10 a dismissal of the complaint, and shall determine by de 

11 novo review whether the agency’s failure to act on the 

12 complaint is contrary to law. 

13 ‘‘(C) In any proceeding under this paragraph the 

14 court may declare that the dismissal of the complaint or 

15 the failure to act is contrary to law, and may direct the 

16 Commission to conform with such declaration within 30 

17 days, failing which the complainant may bring, in the 

18 name of such complainant, a civil action to remedy the 

19 violation involved in the original complaint.’’. 

20 (2) EFFECTIVE DATE.—The amendments made 

21 by paragraph (1) shall apply— 

22 (A) in the case of complaints which are 

23 dismissed by the Federal Election Commission, 

24 with respect to complaints which are dismissed 


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1 on or after the date of the enactment of this 

2 Act; and 

3 (B) in the case of complaints upon which 

4 the Federal Election Commission failed to act, 

5 with respect to complaints which were filed on 

6 or after the date of the enactment of this Act. 

7 SEC. 6005. PERMITTING APPEARANCE AT HEARINGS ON RE8 QUESTS FOR ADVISORY OPINIONS BY PER9 SONS OPPOSING THE REQUESTS. 

10 (a) IN GENERAL.—Section 308 of such Act (52 

11 U.S.C. 30108) is amended by adding at the end the fol12 lowing new subsection: 

13 ‘‘(e) To the extent that the Commission provides an 

14 opportunity for a person requesting an advisory opinion 

15 under this section (or counsel for such person) to appear 

16 before the Commission to present testimony in support of 

17 the request, and the person (or counsel) accepts such op18 portunity, the Commission shall provide a reasonable op19 portunity for an interested party who submitted written 

20 comments under subsection (d) in response to the request 

21 (or counsel for such interested party) to appear before the 

22 Commission to present testimony in response to the re23 quest.’’. 

24 (b) EFFECTIVE DATE.—The amendment made by 

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1 sory opinions under section 308 of the Federal Election 

2 Campaign Act of 1971 which are made on or after the 

3 date of the enactment of this Act. 

4 SEC. 6006. PERMANENT EXTENSION OF ADMINISTRATIVE 

5 PENALTY AUTHORITY. 

6 (a) EXTENSION OF AUTHORITY.—Section 

7 309(a)(4)(C)(v) of the Federal Election Campaign Act of 

8 1971 (52 U.S.C. 30109(a)(4)(C)(v)), as amended by Pub9 lic Law 115–386, is amended by striking ‘‘, and that end 

10 on or before December 31, 2023’’. 

11 (b) EFFECTIVE DATE.—The amendment made by 

12 subsection (a) shall take effect on December 31, 2018. 

13 SEC. 6007. REQUIRING FORMS TO PERMIT USE OF ACCENT 

14 MARKS. 

15 (a) REQUIREMENT.—Section 311(a)(1) of the Fed16 eral Election Campaign Act of 1971 (52 U.S.C. 

17 30111(a)(1)) is amended by striking the semicolon at the 

18 end and inserting the following: ‘‘, and shall ensure that 

19 all such forms (including forms in an electronic format) 

20 permit the person using the form to include an accent 

21 mark as part of the person’s identification;’’. 

22 (b) EFFECTIVE DATE.—The amendment made by 

23 subsection (a) shall take effect upon the expiration of the 

24 90-day period which begins on the date of the enactment 

25 of this Act. 


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1 SEC. 6008. RESTRICTIONS ON EX PARTE COMMUNICATIONS. 

2 Section 306(e) of the Federal Election Campaign Act 

3 of 1971 (52 U.S.C. 30106(e)) is amended— 

4 (1) by striking ‘‘(e) The Commission’’ and in5 serting ‘‘(e)(1) The Commission’’; and 

6 (2) by adding at the end the following new 

7 paragraph: 

8 ‘‘(2) Members and employees of the Commission shall 

9 be subject to limitations on ex parte communications, as 

10 provided in the regulations promulgated by the Commis11 sion regarding such communications which are in effect 

12 on the date of the enactment of this paragraph.’’. 

13 SEC. 6009. CLARIFYING AUTHORITY OF FEC ATTORNEYS TO 

14 REPRESENT FEC IN SUPREME COURT. 

15 (a) CLARIFYING AUTHORITY.—Section 306(f)(4) of 

16 the Federal Election Campaign Act of 1971 (52 U.S.C. 

17 30106(f)(4)) is amended by striking ‘‘any action instituted 

18 under this Act, either (A) by attorneys’’ and inserting 

19 ‘‘any action instituted under this Act, including an action 

20 before the Supreme Court of the United States, either (A) 

21 by the General Counsel of the Commission and other at22 torneys’’. 

23 (b) EFFECTIVE DATE.—The amendment made by 

24 paragraph (1) shall apply with respect to actions insti25 tuted before, on, or after the date of the enactment of 

26 this Act. 


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1 SEC. 6010. EFFECTIVE DATE; TRANSITION. 

2 (a) IN GENERAL.—Except as otherwise provided, the 

3 amendments made by this subtitle shall apply beginning 

4 January 1, 2022. 

5 (b) TRANSITION.— 

6 (1) TERMINATION OF SERVICE OF CURRENT

7 MEMBERS.—Notwithstanding any provision of the 

8 Federal Election Campaign Act of 1971, the term of 

9 any individual serving as a member of the Federal 

10 Election Commission as of December 31, 2021, shall 

11 expire on that date. 

12 (2) NO EFFECT ON EXISTING CASES OR PRO13 CEEDINGS.—Nothing in this subtitle or in any 

14 amendment made by this subtitle shall affect any of 

15 the powers exercised by the Federal Election Com16 mission prior to December 31, 2021, including any 

17 investigation initiated by the Commission prior to 

18 such date or any proceeding (including any enforce19 ment action) pending as of such date. 

20 Subtitle B—Stopping Super PAC– 

21 Candidate Coordination 

22 SEC. 6101. SHORT TITLE. 

23 This subtitle may be cited as the ‘‘Stop Super PAC– 

24 Candidate Coordination Act’’. 


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1 SEC. 6102. CLARIFICATION OF TREATMENT OF COORDI2 NATED EXPENDITURES AS CONTRIBUTIONS 

3 TO CANDIDATES. 

4 (a) TREATMENT AS CONTRIBUTION TO CAN5 DIDATE.—Section 301(8)(A) of the Federal Election Cam6 paign Act of 1971 (52 U.S.C. 30101(8)(A)) is amended— 

7 (1) by striking ‘‘or’’ at the end of clause (i); 

8 (2) by striking the period at the end of clause 

9 (ii) and inserting ‘‘; or’’; and 

10 (3) by adding at the end the following new 

11 clause: 

12 ‘‘(iii) any payment made by any person 

13 (other than a candidate, an authorized com14 mittee of a candidate, or a political committee 

15 of a political party) for a coordinated expendi16 ture (as such term is defined in section 326) 

17 which is not otherwise treated as a contribution 

18 under clause (i) or clause (ii).’’. 

19 (b) DEFINITIONS.—Title III of such Act (52 U.S.C. 

20 30101 et seq.), as amended by section 4702(a), is amend21 ed by adding at the end the following new section: 

22 ‘‘SEC. 326. PAYMENTS FOR COORDINATED EXPENDITURES. 

23 ‘‘(a) COORDINATED EXPENDITURES.— 

24 ‘‘(1) IN GENERAL.—For purposes of section 

25 301(8)(A)(iii), the term ‘coordinated expenditure’ 

26 means— 


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1 ‘‘(A) any expenditure, or any payment for 

2 a covered communication described in sub3 section (d), which is made in cooperation, con4 sultation, or concert with, or at the request or 

5 suggestion of, a candidate, an authorized com6 mittee of a candidate, a political committee of 

7 a political party, or agents of the candidate or 

8 committee, as defined in subsection (b); or 

9 ‘‘(B) any payment for any communication 

10 which republishes, disseminates, or distributes, 

11 in whole or in part, any video or broadcast or 

12 any written, graphic, or other form of campaign 

13 material prepared by the candidate or com14 mittee or by agents of the candidate or com15 mittee (including any excerpt or use of any 

16 video from any such broadcast or written, 

17 graphic, or other form of campaign material). 

18 ‘‘(2) EXCEPTION FOR PAYMENTS FOR CERTAIN

19 COMMUNICATIONS.—A payment for a communication 

20 (including a covered communication described in 

21 subsection (d)) shall not be treated as a coordinated 

22 expenditure under this subsection if— 

23 ‘‘(A) the communication appears in a news 

24 story, commentary, or editorial distributed 

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1 tion, newspaper, magazine, or other periodical 

2 publication, unless such facilities are owned or 

3 controlled by any political party, political com4 mittee, or candidate; or 

5 ‘‘(B) the communication constitutes a can6 didate debate or forum conducted pursuant to 

7 regulations adopted by the Commission pursu8 ant to section 304(f)(3)(B)(iii), or which solely 

9 promotes such a debate or forum and is made 

10 by or on behalf of the person sponsoring the de11 bate or forum. 

12 ‘‘(b) COORDINATION DESCRIBED.— 

13 ‘‘(1) IN GENERAL.—For purposes of this sec14 tion, a payment is made ‘in cooperation, consulta15 tion, or concert with, or at the request or suggestion 

16 of,’ a candidate, an authorized committee of a can17 didate, a political committee of a political party, or 

18 agents of the candidate or committee, if the pay19 ment, or any communication for which the payment 

20 is made, is not made entirely independently of the 

21 candidate, committee, or agents. For purposes of the 

22 previous sentence, a payment or communication not 

23 made entirely independently of the candidate or 

24 committee includes any payment or communication 

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1 standing with, or pursuant to any communication 

2 with, the candidate, committee, or agents about the 

3 payment or communication. 

4 ‘‘(2) NO FINDING OF COORDINATION BASED

5 SOLELY ON SHARING OF INFORMATION REGARDING

6 LEGISLATIVE OR POLICY POSITION.—For purposes 

7 of this section, a payment shall not be considered to 

8 be made by a person in cooperation, consultation, or 

9 concert with, or at the request or suggestion of, a 

10 candidate or committee, solely on the grounds that 

11 the person or the person’s agent engaged in discus12 sions with the candidate or committee, or with any 

13 agent of the candidate or committee, regarding that 

14 person’s position on a legislative or policy matter 

15 (including urging the candidate or committee to 

16 adopt that person’s position), so long as there is no 

17 communication between the person and the can18 didate or committee, or any agent of the candidate 

19 or committee, regarding the candidate’s or commit20 tee’s campaign advertising, message, strategy, pol21 icy, polling, allocation of resources, fundraising, or 

22 other campaign activities. 

23 ‘‘(3) NO EFFECT ON PARTY COORDINATION

24 STANDARD.—Nothing in this section shall be con25 strued to affect the determination of coordination 


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1 between a candidate and a political committee of a 

2 political party for purposes of section 315(d). 

3 ‘‘(4) NO SAFE HARBOR FOR USE OF FIRE4 WALL.—A person shall be determined to have made 

5 a payment in cooperation, consultation, or concert 

6 with, or at the request or suggestion of, a candidate 

7 or committee, in accordance with this section with8 out regard to whether or not the person established 

9 and used a firewall or similar procedures to restrict 

10 the sharing of information between individuals who 

11 are employed by or who are serving as agents for the 

12 person making the payment. 

13 ‘‘(c) PAYMENTS BY COORDINATED SPENDERS FOR

14 COVERED COMMUNICATIONS.— 

15 ‘‘(1) PAYMENTS MADE IN COOPERATION, CON16 SULTATION, OR CONCERT WITH CANDIDATES.—For 

17 purposes of subsection (a)(1)(A), if the person who 

18 makes a payment for a covered communication, as 

19 defined in subsection (d), is a coordinated spender 

20 under paragraph (2) with respect to the candidate 

21 as described in subsection (d)(1), the payment for 

22 the covered communication is made in cooperation, 

23 consultation, or concert with the candidate. 

24 ‘‘(2) COORDINATED SPENDER DEFINED.—For 

25 purposes of this subsection, the term ‘coordinated 


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1 spender’ means, with respect to a candidate or an 

2 authorized committee of a candidate, a person (other 

3 than a political committee of a political party) for 

4 which any of the following applies: 

5 ‘‘(A) During the 4-year period ending on 

6 the date on which the person makes the pay7 ment, the person was directly or indirectly 

8 formed or established by or at the request or 

9 suggestion of, or with the encouragement of, 

10 the candidate (including an individual who later 

11 becomes a candidate) or committee or agents of 

12 the candidate or committee, including with the 

13 approval of the candidate or committee or 

14 agents of the candidate or committee. 

15 ‘‘(B) The candidate or committee or any 

16 agent of the candidate or committee solicits 

17 funds, appears at a fundraising event, or en18 gages in other fundraising activity on the per19 son’s behalf during the election cycle involved, 

20 including by providing the person with names of 

21 potential donors or other lists to be used by the 

22 person in engaging in fundraising activity, re23 gardless of whether the person pays fair market 

24 value for the names or lists provided. For pur25 poses of this subparagraph, the term ‘election 


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1 cycle’ means, with respect to an election for 

2 Federal office, the period beginning on the day 

3 after the date of the most recent general elec4 tion for that office (or, if the general election 

5 resulted in a runoff election, the date of the 

6 runoff election) and ending on the date of the 

7 next general election for that office (or, if the 

8 general election resulted in a runoff election, 

9 the date of the runoff election). 

10 ‘‘(C) The person is established, directed, or 

11 managed by the candidate or committee or by 

12 any person who, during the 4-year period end13 ing on the date on which the person makes the 

14 payment, has been employed or retained as a 

15 political, campaign media, or fundraising ad16 viser or consultant for the candidate or com17 mittee or for any other entity directly or indi18 rectly controlled by the candidate or committee, 

19 or has held a formal position with the candidate 

20 or committee (including a position as an em21 ployee of the office of the candidate at any time 

22 the candidate held any Federal, State, or local 

23 public office during the 4-year period). 

24 ‘‘(D) The person has retained the profes25 sional services of any person who, during the 2- 


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1 year period ending on the date on which the 

2 person makes the payment, has provided or is 

3 providing professional services relating to the 

4 campaign to the candidate or committee, with5 out regard to whether the person providing the 

6 professional services used a firewall. For pur7 poses of this subparagraph, the term ‘profes8 sional services’ includes any services in support 

9 of the candidate’s or committee’s campaign ac10 tivities, including advertising, message, strat11 egy, policy, polling, allocation of resources, 

12 fundraising, and campaign operations, but does 

13 not include accounting or legal services. 

14 ‘‘(E) The person is established, directed, or 

15 managed by a member of the immediate family 

16 of the candidate, or the person or any officer or 

17 agent of the person has had more than inci18 dental discussions about the candidate’s cam19 paign with a member of the immediate family 

20 of the candidate. For purposes of this subpara21 graph, the term ‘immediate family’ has the 

22 meaning given such term in section 9004(e) of 

23 the Internal Revenue Code of 1986. 

24 ‘‘(d) COVERED COMMUNICATION DEFINED.— 


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1 ‘‘(1) IN GENERAL.—For purposes of this sec2 tion, the term ‘covered communication’ means, with 

3 respect to a candidate or an authorized committee of 

4 a candidate, a public communication (as defined in 

5 section 301(22)) which— 

6 ‘‘(A) expressly advocates the election of the 

7 candidate or the defeat of an opponent of the 

8 candidate (or contains the functional equivalent 

9 of express advocacy); 

10 ‘‘(B) promotes or supports the election of 

11 the candidate, or attacks or opposes the election 

12 of an opponent of the candidate (regardless of 

13 whether the communication expressly advocates 

14 the election or defeat of a candidate or contains 

15 the functional equivalent of express advocacy); 

16 or 

17 ‘‘(C) refers to the candidate or an oppo18 nent of the candidate but is not described in 

19 subparagraph (A) or subparagraph (B), but 

20 only if the communication is disseminated dur21 ing the applicable election period. 

22 ‘‘(2) APPLICABLE ELECTION PERIOD.—In para23 graph (1)(C), the ‘applicable election period’ with re24 spect to a communication means— 


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1 ‘‘(A) in the case of a communication which 

2 refers to a candidate in a general, special, or 

3 runoff election, the 120-day period which ends 

4 on the date of the election; or 

5 ‘‘(B) in the case of a communication which 

6 refers to a candidate in a primary or preference 

7 election, or convention or caucus of a political 

8 party that has authority to nominate a can9 didate, the 60-day period which ends on the 

10 date of the election or convention or caucus. 

11 ‘‘(3) SPECIAL RULES FOR COMMUNICATIONS IN12 VOLVING CONGRESSIONAL CANDIDATES.—For pur13 poses of this subsection, a public communication 

14 shall not be considered to be a covered communica15 tion with respect to a candidate for election for an 

16 office other than the office of President or Vice 

17 President unless it is publicly disseminated or dis18 tributed in the jurisdiction of the office the can19 didate is seeking. 

20 ‘‘(e) PENALTY.— 

21 ‘‘(1) DETERMINATION OF AMOUNT.—Any per22 son who knowingly and willfully commits a violation 

23 of this Act by making a contribution which consists 

24 of a payment for a coordinated expenditure shall be 

25 fined an amount equal to the greater of— 


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1 ‘‘(A) in the case of a person who makes a 

2 contribution which consists of a payment for a 

3 coordinated expenditure in an amount exceeding 

4 the applicable contribution limit under this Act, 

5 300 percent of the amount by which the 

6 amount of the payment made by the person ex7 ceeds such applicable contribution limit; or 

8 ‘‘(B) in the case of a person who is prohib9 ited under this Act from making a contribution 

10 in any amount, 300 percent of the amount of 

11 the payment made by the person for the coordi12 nated expenditure. 

13 ‘‘(2) JOINT AND SEVERAL LIABILITY.—Any di14 rector, manager, or officer of a person who is subject 

15 to a penalty under paragraph (1) shall be jointly and 

16 severally liable for any amount of such penalty that 

17 is not paid by the person prior to the expiration of 

18 the 1-year period which begins on the date the Com19 mission imposes the penalty or the 1-year period 

20 which begins on the date of the final judgment fol21 lowing any judicial review of the Commission’s ac22 tion, whichever is later.’’. 

23 (c) EFFECTIVE DATE.— 

24 (1) REPEAL OF EXISTING REGULATIONS ON CO25 ORDINATION.—Effective upon the expiration of the 


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1 90-day period which begins on the date of the enact2 ment of this Act— 

3 (A) the regulations on coordinated commu4 nications adopted by the Federal Election Com5 mission which are in effect on the date of the 

6 enactment of this Act (as set forth in 11 CFR 

7 Part 109, Subpart C, under the heading ‘‘Co8 ordination’’) are repealed; and 

9 (B) the Federal Election Commission shall 

10 promulgate new regulations on coordinated 

11 communications which reflect the amendments 

12 made by this Act. 

13 (2) EFFECTIVE DATE.—The amendments made 

14 by this section shall apply with respect to payments 

15 made on or after the expiration of the 120-day pe16 riod which begins on the date of the enactment of 

17 this Act, without regard to whether or not the Fed18 eral Election Commission has promulgated regula19 tions in accordance with paragraph (1)(B) as of the 

20 expiration of such period. 


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1 SEC. 6103. CLARIFICATION OF BAN ON FUNDRAISING FOR 

2 SUPER PACS BY FEDERAL CANDIDATES AND 

3 OFFICEHOLDERS. 

4 (a) IN GENERAL.—Section 323(e)(1) of the Federal 

5 Election Campaign Act of 1971 (52 U.S.C. 30125(e)(1)) 

6 is amended— 

7 (1) by striking ‘‘or’’ at the end of subparagraph 

8 (A); 

9 (2) by striking the period at the end of sub10 paragraph (B) and inserting ‘‘; or’’; and 

11 (3) by adding at the end the following new sub12 paragraph: 

13 ‘‘(C) solicit, receive, direct, or transfer 

14 funds to or on behalf of any political committee 

15 which accepts donations or contributions that 

16 do not comply with the limitations, prohibitions, 

17 and reporting requirements of this Act (or to or 

18 on behalf of any account of a political com19 mittee which is established for the purpose of 

20 accepting such donations or contributions), or 

21 to or on behalf of any political organization 

22 under section 527 of the Internal Revenue Code 

23 of 1986 which accepts such donations or con24 tributions (other than a committee of a State or 

25 local political party or a candidate for election 

26 for State or local office).’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall apply with respect to elections occur3 ring after January 1, 2020. 

4 Subtitle C—Disposal of 

5 Contributions or Donations 

6 SEC. 6201. TIMEFRAME FOR AND PRIORITIZATION OF DIS7 POSAL OF CONTRIBUTIONS OR DONATIONS. 

8 Section 313 of the Federal Election Campaign Act 

9 of 1971 (52 U.S.C. 30114), as amended by section 5302, 

10 is amended— 

11 (1) by redesignating subsections (c) and (d), as 

12 subsections (d) and (e), respectively; and 

13 (2) by inserting after subsection (b) the fol14 lowing new subsection: 

15 ‘‘(c) DISPOSAL.— 

16 ‘‘(1) TIMEFRAME.—Contributions or donations 

17 described in subsection (a) may only be used— 

18 ‘‘(A) in the case of an individual who is 

19 not a candidate with respect to an election for 

20 any Federal office for a 6-year period beginning 

21 on the day after the date of the most recent 

22 such election in which the individual was a can23 didate for any such office, during such 6-year 

24 period; or 


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1 ‘‘(B) in the case of an individual who be2 comes a registered lobbyist under the Lobbying 

3 Disclosure Act of 1995, before the date on 

4 which such individual becomes such a registered 

5 lobbyist. 

6 ‘‘(2) MEANS OF DISPOSAL; PRIORITIZATION.— 

7 Beginning on the date the 6-year period described in 

8 subparagraph (A) of paragraph (1) ends (or, in the 

9 case of an individual described in subparagraph (B) 

10 of such paragraph, the date on which the individual 

11 becomes a registered lobbyist under the Lobbying 

12 Disclosure Act of 1995), contributions or donations 

13 that remain available to an individual described in 

14 such paragraph shall be disposed of, not later than 

15 30 days after such date, as follows: 

16 ‘‘(A) First, to pay any debts or obligations 

17 owed in connection with the campaign for elec18 tion for Federal office of the individual. 

19 ‘‘(B) Second, to the extent such contribu20 tion or donations remain available after the ap21 plication of subparagraph (A), through any of 

22 the following means of disposal (or a combina23 tion thereof), in any order the individual con24 siders appropriate: 


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1 ‘‘(i) Returning such contributions or 

2 donations to the individuals, entities, or 

3 both, who made such contributions or do4 nations. 

5 ‘‘(ii) Making contributions to an orga6 nization described in section 170(c) of the 

7 Internal Revenue Code of 1986. 

8 ‘‘(iii) Making transfers to a national, 

9 State, or local committee of a political 

10 party.’’. 

11 SEC. 6202. 1-YEAR TRANSITION PERIOD FOR CERTAIN INDI12 VIDUALS. 

13 (a) IN GENERAL.—In the case of an individual de14 scribed in subsection (b), any contributions or donations 

15 remaining available to the individual shall be disposed of— 

16 (1) not later than one year after the date of the 

17 enactment of this section; and 

18 (2) in accordance with the prioritization speci19 fied in subparagraphs (A) through (D) of subsection 

20 (c)(2) of section 313 of the Federal Election Cam21 paign Act of 1971 (52 U.S.C. 30114), as amended 

22 by section 6201 of this subtitle. 

23 (b) INDIVIDUALS DESCRIBED.—An individual de24 scribed in this subsection is an individual who, as of the 

25 date of the enactment of this section— 


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1 (1)(A) is not a candidate with respect to an 

2 election for any Federal office for a period of not 

3 less than 6 years beginning on the day after the date 

4 of the most recent such election in which the indi5 vidual was a candidate for any such office; or 

6 (B) is an individual who becomes a registered 

7 lobbyist under the Lobbying Disclosure Act of 1995; 

8 and 

9 (2) would be in violation of subsection (c) of 

10 section 313 of the Federal Election Campaign Act of 

11 1971 (52 U.S.C. 30114), as amended by section 

12 6201 of this subtitle. 

13 Subtitle D—Recommendations To 

14 Ensure Filing of Reports Before 

15 Date of Election 

16 SEC. 6301. RECOMMENDATIONS TO ENSURE FILING OF RE17 PORTS BEFORE DATE OF ELECTION. 

18 Not later than 180 days after the date of the enact19 ment of this Act, the Federal Election Commission shall 

20 submit a report to Congress providing recommendations, 

21 including recommendations for changes to existing law, on 

22 how to ensure that each political committee under the 

23 Federal Election Campaign Act of 1971, including a com24 mittee which accepts donations or contributions that do 

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1 ing requirements of such Act, will file a report under sec2 tion 304 of such Act prior to the date of the election for 

3 which the committee receives contributions or makes dis4 bursements, without regard to the date on which the com5 mittee first registered under such Act, and shall include 

6 specific recommendations to ensure that such committees 

7 will not delay until after the date of the election the re8 porting of the identification of persons making contribu9 tions that will be used to repay debt incurred by the com10 mittee. 

11 Subtitle E—Severability 

12 SEC. 6401. SEVERABILITY. 

13 If any provision of this title or amendment made by 

14 this title, or the application of a provision or amendment 

15 to any person or circumstance, is held to be unconstitu16 tional, the remainder of this title and amendments made 

17 by this title, and the application of the provisions and 

18 amendment to any person or circumstance, shall not be 

19 affected by the holding. 


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1 DIVISION C—ETHICS 

2 TITLE VII—ETHICAL STANDARDS 

3 Subtitle A—Supreme Court Ethics 

4 SEC. 7001. CODE OF CONDUCT FOR FEDERAL JUDGES. 

5 (a) IN GENERAL.—Chapter 57 of title 28, United 

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘§ 964. Code of conduct 

9 ‘‘Not later than one year after the date of the enact10 ment of this section, the Judicial Conference shall issue 

11 a code of conduct, which applies to each justice and judge 

12 of the United States, except that the code of conduct may 

13 include provisions that are applicable only to certain cat14 egories of judges or justices.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 for chapter 57 of title 28, United States Code, is amended 

17 by adding after the item related to section 963 the fol18 lowing: 

‘‘964. Code of conduct.’’. 


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1 Subtitle B—Foreign Agents 

2 Registration 

3 SEC. 7101. ESTABLISHMENT OF FARA INVESTIGATION AND 

4 ENFORCEMENT UNIT WITHIN DEPARTMENT 

5 OF JUSTICE. 

6 Section 8 of the Foreign Agents Registration Act of 

7 1938, as amended (22 U.S.C. 618) is amended by adding 

8 at the end the following new subsection: 

9 ‘‘(i) DEDICATED ENFORCEMENT UNIT.— 

10 ‘‘(1) ESTABLISHMENT.—Not later than 180 

11 days after the date of enactment of this subsection, 

12 the Attorney General shall establish a unit within 

13 the counterespionage section of the National Secu14 rity Division of the Department of Justice with re15 sponsibility for the enforcement of this Act. 

16 ‘‘(2) POWERS.—The unit established under this 

17 subsection is authorized to— 

18 ‘‘(A) take appropriate legal action against 

19 individuals suspected of violating this Act; and 

20 ‘‘(B) coordinate any such legal action with 

21 the United States Attorney for the relevant ju22 risdiction. 

23 ‘‘(3) CONSULTATION.—In operating the unit es24 tablished under this subsection, the Attorney Gen25 eral shall, as appropriate, consult with the Director 


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1 of National Intelligence, the Secretary of Homeland 

2 Security, and the Secretary of State. 

3 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

4 There are authorized to be appropriated to carry out 

5 the activities of the unit established under this sub6 section $10,000,000 for fiscal year 2019 and each 

7 succeeding fiscal year.’’. 

8 SEC. 7102. AUTHORITY TO IMPOSE CIVIL MONEY PEN9 ALTIES. 

10 Section 8 of the Foreign Agents Registration Act of 

11 1938, as amended (22 U.S.C. 618), as amended by section 

12 7101 of this Act, is amended by inserting after subsection 

13 (c) the following new subsection: 

14 ‘‘(d) CIVIL MONEY PENALTIES.— 

15 ‘‘(1) REGISTRATION STATEMENTS.—Whoever 

16 fails to file timely or complete a registration state17 ment as provided under section 2(a) shall be subject 

18 to a civil money penalty of not more than $10,000 

19 per violation. 

20 ‘‘(2) SUPPLEMENTS.—Whoever fails to file 

21 timely or complete supplements as provided under 

22 section 2(b) shall be subject to a civil money penalty 

23 of not more than $1,000 per violation. 

24 ‘‘(3) OTHER VIOLATIONS.—Whoever knowingly 

25 fails to— 


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1 ‘‘(A) remedy a defective filing within 60 

2 days after notice of such defect by the Attorney 

3 General; or 

4 ‘‘(B) comply with any other provision of 

5 this Act, 

6 shall upon proof of such knowing violation by a pre7 ponderance of the evidence, be subject to a civil 

8 money penalty of not more than $200,000, depend9 ing on the extent and gravity of the violation. 

10 ‘‘(4) NO FINES PAID BY FOREIGN PRIN11 CIPALS.—A civil money penalty paid under para12 graph (1) may not be paid, directly or indirectly, by 

13 a foreign principal. 

14 ‘‘(5) USE OF FINES.—All civil money penalties 

15 collected under this subsection shall be used to de16 fray the cost of the enforcement unit established 

17 under subsection (i).’’. 

18 SEC. 7103. DISCLOSURE OF TRANSACTIONS INVOLVING 

19 THINGS OF FINANCIAL VALUE CONFERRED 

20 ON OFFICEHOLDERS. 

21 (a) REQUIRING AGENTS TO DISCLOSE KNOWN

22 TRANSACTIONS.— 

23 (1) IN GENERAL.—Section 2(a) of the Foreign 

24 Agents Registration Act of 1938, as amended (22 

25 U.S.C. 612(a)) is amended— 


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1 (A) by redesignating paragraphs (10) and 

2 (11) as paragraphs (11) and (12); and 

3 (B) by inserting after paragraph (9) the 

4 following new paragraph: 

5 ‘‘(10) To the extent that the registrant has 

6 knowledge of any transaction which occurred in the 

7 preceding 60 days and in which the foreign principal 

8 for whom the registrant is acting as an agent con9 ferred on a Federal or State officeholder any thing 

10 of financial value, including a gift, profit, salary, fa11 vorable regulatory treatment, or any other direct or 

12 indirect economic or financial benefit, a detailed 

13 statement describing each such transaction.’’. 

14 (2) APPLICABILITY.—The amendments made 

15 by paragraph (1) shall apply with respect to state16 ments filed on or after the expiration of the 90-day 

17 period beginning on the date of enactment of this 

18 Act. 

19 (b) SUPPLEMENTAL DISCLOSURE FOR CURRENT

20 REGISTRANTS.—Not later than the expiration of the 90- 

21 day period beginning on the date of enactment of this Act, 

22 each registrant who (prior to the expiration of such pe23 riod) filed a registration statement with the Attorney Gen24 eral under section 2(a) of the Foreign Agents Registration 

25 Act of 1938, as amended (22 U.S.C. 612(a)) and who has 


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1 knowledge of any transaction described in paragraph (10) 

2 of section 2(a) of the Foreign Agents Registration Act of 

3 1938, as amended (as added by subsection (a)(1)) which 

4 occurred at any time during which the registrant was an 

5 agent of the foreign principal involved, shall file with the 

6 Attorney General a supplement to such statement under 

7 oath, on a form prescribed by the Attorney General, con8 taining a detailed statement describing each such trans9 action. 

10 SEC. 7104. ENSURING ONLINE ACCESS TO REGISTRATION 

11 STATEMENTS. 

12 (a) REQUIRING STATEMENTS FILED BY REG13 ISTRANTS TO BE IN DIGITIZED FORMAT.—Section 2(g) 

14 of the Foreign Agents Registration Act of 1938, as 

15 amended (22 U.S.C. 612(g)) is amended by striking ‘‘in 

16 electronic form’’ and inserting ‘‘in a digitized format 

17 which will enable the Attorney General to meet the re18 quirements of section 6(d)(1) (relating to public access to 

19 an electronic database of statements and updates)’’. 

20 (b) REQUIREMENTS FOR ELECTRONIC DATABASE OF

21 REGISTRATION STATEMENTS AND UPDATES.—Section 

22 6(d)(1) of the Foreign Agents Registration Act of 1938, 

23 as amended (22 U.S.C. 616(d)(1)) is amended— 


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1 (1) in the matter preceding subparagraph (A), 

2 by striking ‘‘to the extent technically practicable,’’; 

3 and 

4 (2) in subparagraph (A), by striking ‘‘includes 

5 the information’’ and inserting ‘‘includes in a 

6 digitized format the information’’. 

7 (c) APPLICABILITY.—The amendments made by this 

8 section shall apply with respect to statements filed on or 

9 after the expiration of the 180-day period beginning on 

10 the date of enactment of this Act. 

11 Subtitle C—Lobbying Disclosure 

12 Reform 

13 SEC. 7201. EXPANDING SCOPE OF INDIVIDUALS AND AC14 TIVITIES SUBJECT TO REQUIREMENTS OF 

15 LOBBYING DISCLOSURE ACT OF 1995. 

16 (a) TREATMENT OF COUNSELING SERVICES IN SUP17 PORT OF LOBBYING CONTACTS AS LOBBYING ACTIV18 ITY.—Section 3(7) of the Lobbying Disclosure Act of 1995 

19 (2 U.S.C. 1602(7)) is amended— 

20 (1) by striking ‘‘efforts’’ and inserting ‘‘any ef21 forts’’; and 

22 (2) by striking ‘‘research and other background 

23 work’’ and inserting the following: ‘‘counseling in 

24 support of such preparation and planning activities, 

25 research, and other background work’’. 


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1 (b) TREATMENT OF LOBBYING CONTACT MADE

2 WITH SUPPORT OF COUNSELING SERVICES AS LOBBYING

3 CONTACT MADE BY INDIVIDUAL PROVIDING SERVICES.— 

4 Section 3(8) of the Lobbying Disclosure Act of 1995 (2 

5 U.S.C. 1602(8)) is amended by adding at the end the fol6 lowing new subparagraph: 

7 ‘‘(C) TREATMENT OF PROVIDERS OF

8 COUNSELING SERVICES.—Any individual, with 

9 authority to direct or substantially influence a 

10 lobbying contact or contacts made by another 

11 individual, and for financial or other compensa12 tion provides counseling services in support of 

13 preparation and planning activities which are 

14 treated as lobbying activities under paragraph 

15 (7) for that other individual’s lobbying contact 

16 or contacts and who has knowledge that the 

17 specific lobbying contact or contacts were made, 

18 shall be considered to have made the same lob19 bying contact at the same time and in the same 

20 manner to the covered executive branch official 

21 or covered legislative branch official involved.’’. 


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1 SEC. 7202. REQUIRING LOBBYISTS TO DISCLOSE STATUS AS 

2 LOBBYISTS UPON MAKING ANY LOBBYING 

3 CONTACTS. 

4 Section 14 of the Lobbying Disclosure Act of 1995 

5 (2 U.S.C. 1609) is amended— 

6 (1) by striking subsections (a) and (b) and in7 serting the following: 

8 ‘‘(a) REQUIRING IDENTIFICATION AT TIME OF LOB9 BYING CONTACT.—Any person or entity that makes a lob10 bying contact with a covered legislative branch official or 

11 a covered executive branch official shall, at the time of 

12 the lobbying contact— 

13 ‘‘(1) indicate whether the person or entity is 

14 registered under this chapter and identify the client 

15 on whose behalf the lobbying contact is made; and 

16 ‘‘(2) indicate whether such client is a foreign 

17 entity and identify any foreign entity required to be 

18 disclosed under section 4(b)(4) that has a direct in19 terest in the outcome of the lobbying activity.’’; and 

20 (2) by redesignating subsection (c) as sub21 section (b). 

22 Subtitle D—Recusal of Presidential 

23 Appointees 

24 SEC. 7301. RECUSAL OF APPOINTEES. 

25 Section 208 of title 18, United States Code, is 

26 amended by adding at the end the following: 


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1 ‘‘(e)(1) Any officer or employee appointed by the 

2 President shall recuse himself or herself from any par3 ticular matter involving specific parties in which a party 

4 to that matter is— 

5 ‘‘(A) the President who appointed the officer or 

6 employee, which shall include any entity in which the 

7 President has a substantial interest; or 

8 ‘‘(B) the spouse of the President who appointed 

9 the officer or employee, which shall include any enti10 ty in which the spouse of the President has a sub11 stantial interest. 

12 ‘‘(2)(A) Subject to subparagraph (B), if an officer or 

13 employee is recused under paragraph (1), a career ap14 pointee in the agency of the officer or employee shall per15 form the functions and duties of the officer or employee 

16 with respect to the matter. 

17 ‘‘(B)(i) In this subparagraph, the term ‘Commission’ 

18 means a board, commission, or other agency for which the 

19 authority of the agency is vested in more than 1 member. 

20 ‘‘(ii) If the recusal of a member of a Commission 

21 from a matter under paragraph (1) would result in there 

22 not being a statutorily required quorum of members of the 

23 Commission available to participate in the matter, not24 withstanding such statute or any other provision of law, 


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1 the members of the Commission not recused under para2 graph (1) may— 

3 ‘‘(I) consider the matter without regard to the 

4 quorum requirement under such statute; 

5 ‘‘(II) delegate the authorities and responsibil6 ities of the Commission with respect to the matter 

7 to a subcommittee of the Commission; or 

8 ‘‘(III) designate an officer or employee of the 

9 Commission who was not appointed by the President 

10 who appointed the member of the Commission 

11 recused from the matter to exercise the authorities 

12 and duties of the recused member with respect to 

13 the matter. 

14 ‘‘(3) Any officer or employee who violates paragraph 

15 (1) shall be subject to the penalties set forth in section 

16 216. 

17 ‘‘(4) For purposes of this section, the term ‘particular 

18 matter’ shall have the meaning given the term in section 

19 207(i).’’. 

20 Subtitle E—Clearinghouse on 

21 Lobbying Information 

22 SEC. 7401. ESTABLISHMENT OF CLEARINGHOUSE. 

23 (a) ESTABLISHMENT.—The Attorney General shall 

24 establish and operate within the Department of Justice 

25 a clearinghouse through which members of the public may 


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1 obtain copies (including in electronic form) of registration 

2 statements filed under the Lobbying Disclosure Act of 

3 1995 (2 U.S.C. 1601 et seq.) and the Foreign Agents Reg4 istration Act of 1938, as amended (22 U.S.C. 611 et seq.). 

5 (b) FORMAT.—The Attorney General shall ensure 

6 that the information in the clearinghouse established 

7 under this Act is maintained in a searchable and sortable 

8 format. 

9 (c) AGREEMENTS WITH CLERK OF HOUSE AND SEC10 RETARY OF THE SENATE.—The Attorney General shall 

11 enter into such agreements with the Clerk of the House 

12 of Representatives and the Secretary of the Senate as may 

13 be necessary for the Attorney General to obtain registra14 tion statements filed with the Clerk and the Secretary 

15 under the Lobbying Disclosure Act of 1995 for inclusion 

16 in the clearinghouse. 

17 Subtitle F—Severability 

18 SEC. 7501. SEVERABILITY. 

19 If any provision of this title or amendment made by 

20 this title, or the application of a provision or amendment 

21 to any person or circumstance, is held to be unconstitu22 tional, the remainder of this title and amendments made 

23 by this title, and the application of the provisions and 

24 amendment to any person or circumstance, shall not be 

25 affected by the holding. 


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1 TITLE VIII—ETHICS REFORMS 

2 FOR THE PRESIDENT, VICE 

3 PRESIDENT, AND FEDERAL 

4 OFFICERS AND EMPLOYEES 

5 Subtitle A—Executive Branch 

6 Conflict of Interest 

7 SEC. 8001. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Executive Branch 

9 Conflict of Interest Act’’. 

10 SEC. 8002. RESTRICTIONS ON PRIVATE SECTOR PAYMENT 

11 FOR GOVERNMENT SERVICE. 

12 Section 209 of title 18, United States Code, is 

13 amended— 

14 (1) in subsection (a), 

15 (A) by striking ‘‘any salary’’ and inserting 

16 ‘‘any salary (including a bonus)’’; and 

17 (B) by striking ‘‘as compensation for his 

18 services’’ and inserting ‘‘at any time, as com19 pensation for serving’’; and 

20 (2) in subsection (b)— 

21 (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

22 (B) by adding at the end the following: 

23 ‘‘(2) For purposes of paragraph (1), a pension, 

24 retirement, group life, health or accident insurance, 

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1 fare or benefit plan that makes payment of any por2 tion of compensation contingent on accepting a posi3 tion in the United States Government shall not be 

4 considered bona fide.’’. 

5 SEC. 8003. REQUIREMENTS RELATING TO SLOWING THE RE6 VOLVING DOOR. 

7 (a) IN GENERAL.—The Ethics in Government Act of 

8 1978 (5 U.S.C. App.) is amended by adding at the end 

9 the following: 

10 ‘‘TITLE VI—ENHANCED RE11 QUIREMENTS FOR CERTAIN 

12 EMPLOYEES 

13 ‘‘SEC. 601. DEFINITIONS. 

14 ‘‘In this title: 

15 ‘‘(1) COVERED AGENCY.—The term ‘covered 

16 agency’— 

17 ‘‘(A) means an Executive agency, as de18 fined in section 105 of title 5, United States 

19 Code, the Postal Service and the Postal Rate 

20 Commission, but does not include the Govern21 ment Accountability Office or the Government 

22 of the District of Columbia; and 

23 ‘‘(B) shall include the Executive Office of 

24 the President. 


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1 ‘‘(2) COVERED EMPLOYEE.—The term ‘covered 

2 employee’ means an officer or employee referred to 

3 in paragraph (2) of section 207(c) or paragraph (1) 

4 of section 207(d) of title 18, United States Code. 

5 ‘‘(3) DIRECTOR.—The term ‘Director’ means 

6 the Director of the Office of Government Ethics. 

7 ‘‘(4) EXECUTIVE BRANCH.—The term ‘execu8 tive branch’ has the meaning given that term in sec9 tion 109. 

10 ‘‘(5) FORMER CLIENT.—The term ‘former cli11 ent’— 

12 ‘‘(A) means a person for whom a covered 

13 employee served personally as an agent, attor14 ney, or consultant during the 2-year period end15 ing on the date before the date on which the 

16 covered employee begins service in the Federal 

17 Government; and 

18 ‘‘(B) does not include any agency or in19 strumentality of the Federal Government. 

20 ‘‘(6) FORMER EMPLOYER.—The term ‘former 

21 employer’— 

22 ‘‘(A) means a person for whom a covered 

23 employee served as an employee, officer, direc24 tor, trustee, agent, attorney, consultant, or con25 tractor during the 2 year period ending on the 


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1 date before the date on which the covered em2 ployee begins service in the Federal Govern3 ment; and 

4 ‘‘(B) does not include— 

5 ‘‘(i) an entity in the Federal Govern6 ment, including an executive branch agen7 cy; 

8 ‘‘(ii) a State or local government; 

9 ‘‘(iii) the District of Columbia; 

10 ‘‘(iv) an Indian tribe, as defined in 

11 section 4 of the Indian Self-Determination 

12 and Education Assistance Act (25 U.S.C. 

13 5304); or 

14 ‘‘(v) the government of a territory or 

15 possession of the United States. 

16 ‘‘(7) PARTICULAR MATTER.—The term ‘par17 ticular matter’ has the meaning given that term in 

18 section 207(i) of title 18, United States Code. 

19 ‘‘SEC. 602. CONFLICT OF INTEREST AND ELIGIBILITY 

20 STANDARDS. 

21 ‘‘(a) IN GENERAL.—A covered employee may not 

22 participate personally and substantially in a particular 

23 matter in which the covered employee knows or reasonably 

24 should have known that a former employer or former cli25 ent of the covered employee has a financial interest. 


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1 ‘‘(b) WAIVER.— 

2 ‘‘(1) IN GENERAL.— 

3 ‘‘(A) AGENCY HEADS.—With respect to the 

4 head of a covered agency who is a covered em5 ployee, the Designated Agency Ethics Official 

6 for the Executive Office of the President, in 

7 consultation with the Director, may grant a 

8 written waiver of the restrictions under sub9 section (a) before the head engages in the ac10 tion otherwise prohibited by such subsection if 

11 the Designated Agency Ethics Official for the 

12 Executive Office of the President determines 

13 and certifies in writing that, in light of all the 

14 relevant circumstances, the interest of the Fed15 eral Government in the head’s participation 

16 outweighs the concern that a reasonable person 

17 may question the integrity of the agency’s pro18 grams or operations. 

19 ‘‘(B) OTHER COVERED EMPLOYEES.—With 

20 respect to any covered employee not covered by 

21 subparagraph (A), the head of the covered 

22 agency employing the covered employee, in con23 sultation with the Director, may grant a written 

24 waiver of the restrictions under subsection (a) 

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1 tion otherwise prohibited by such subsection if 

2 the head of the covered agency determines and 

3 certifies in writing that, in light of all the rel4 evant circumstances, the interest of the Federal 

5 Government in the covered employee’s partici6 pation outweighs the concern that a reasonable 

7 person may question the integrity of the agen8 cy’s programs or operations. 

9 ‘‘(2) PUBLICATION.—For any waiver granted 

10 under paragraph (1), the individual who granted the 

11 waiver shall— 

12 ‘‘(A) provide a copy of the waiver to the 

13 Director not less than 48 hours after the waiver 

14 is granted; and 

15 ‘‘(B) publish the waiver on the website of 

16 the applicable agency within 30 calendar days 

17 after granting such waiver. 

18 ‘‘(3) REVIEW.—Upon receiving a written waiver 

19 under paragraph (1)(A), the Director shall— 

20 ‘‘(A) review the waiver to determine wheth21 er the Director has any objection to the 

22 issuance of the waiver; and 

23 ‘‘(B) if the Director so objects— 

24 ‘‘(i) provide reasons for the objection 

25 in writing to the head of the agency who 


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1 granted the waiver not less than 15 cal2 endar days after the waiver was granted; 

3 and 

4 ‘‘(ii) publish the written objection on 

5 the website of the Office of Government 

6 Ethics not less than 30 calendar days after 

7 the waiver was granted. 

8 ‘‘SEC. 603. PENALTIES AND INJUNCTIONS. 

9 ‘‘(a) CRIMINAL PENALTIES.— 

10 ‘‘(1) IN GENERAL.—Any person who violates 

11 section 602 shall be fined under title 18, United 

12 States Code, imprisoned for not more than 1 year, 

13 or both. 

14 ‘‘(2) WILLFUL VIOLATIONS.—Any person who 

15 willfully violates section 602 shall be fined under 

16 title 18, United States Code, imprisoned for not 

17 more than 5 years, or both. 

18 ‘‘(b) CIVIL ENFORCEMENT.— 

19 ‘‘(1) IN GENERAL.—The Attorney General may 

20 bring a civil action in an appropriate district court 

21 of the United States against any person who vio22 lates, or whom the Attorney General has reason to 

23 believe is engaging in conduct that violates, section 

24 602. 

25 ‘‘(2) CIVIL PENALTY.— 


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1 ‘‘(A) IN GENERAL.—If the court finds by 

2 a preponderance of the evidence that a person 

3 violated section 602, the court shall impose a 

4 civil penalty of not more than the greater of— 

5 ‘‘(i) $100,000 for each violation; or 

6 ‘‘(ii) the amount of compensation the 

7 person received or was offered for the con8 duct constituting the violation. 

9 ‘‘(B) RULE OF CONSTRUCTION.—A civil 

10 penalty under this subsection may be in addi11 tion to any other criminal or civil statutory, 

12 common law, or administrative remedy available 

13 to the United States or any other person. 

14 ‘‘(3) INJUNCTIVE RELIEF.— 

15 ‘‘(A) IN GENERAL.—In a civil action 

16 brought under paragraph (1) against a person, 

17 the Attorney General may petition the court for 

18 an order prohibiting the person from engaging 

19 in conduct that violates section 602. 

20 ‘‘(B) STANDARD.—The court may issue an 

21 order under subparagraph (A) if the court finds 

22 by a preponderance of the evidence that the 

23 conduct of the person violates section 602. 

24 ‘‘(C) RULE OF CONSTRUCTION.—The filing 

25 of a petition seeking injunctive relief under this 


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1 paragraph shall not preclude any other remedy 

2 that is available by law to the United States or 

3 any other person.’’. 

4 SEC. 8004. PROHIBITION OF PROCUREMENT OFFICERS AC5 CEPTING EMPLOYMENT FROM GOVERNMENT 

6 CONTRACTORS. 

7 (a) EXPANSION OF PROHIBITION ON ACCEPTANCE

8 BY FORMER OFFICIALS OF COMPENSATION FROM CON9 TRACTORS.—Section 2104 of title 41, United States Code, 

10 is amended— 

11 (1) in subsection (a)— 

12 (A) in the matter preceding paragraph 

13 (1)— 

14 (i) by striking ‘‘or consultant’’ and in15 serting ‘‘attorney, consultant, subcon16 tractor, or lobbyist’’; and 

17 (ii) by striking ‘‘one year’’ and insert18 ing ‘‘2 years’’; and 

19 (B) in paragraph (3), by striking ‘‘person20 ally made for the Federal agency’’ and inserting 

21 ‘‘participated personally and substantially in’’; 

22 and 

23 (2) by striking subsection (b) and inserting the 

24 following: 


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1 ‘‘(b) PROHIBITION ON COMPENSATION FROM AFFILI2 ATES AND SUBCONTRACTORS.—A former official respon3 sible for a Government contract referred to in paragraph 

4 (1), (2), or (3) of subsection (a) may not accept compensa5 tion for 2 years after awarding the contract from any divi6 sion, affiliate, or subcontractor of the contractor.’’. 

7 (b) REQUIREMENT FOR PROCUREMENT OFFICERS

8 TO DISCLOSE JOB OFFERS MADE ON BEHALF OF REL9 ATIVES.—Section 2103(a) of title 41, United States Code, 

10 is amended in the matter preceding paragraph (1) by in11 serting after ‘‘that official’’ the following: ‘‘, or for a rel12 ative (as defined in section 3110 of title 5) of that offi13 cial,’’. 

14 (c) REQUIREMENT ON AWARD OF GOVERNMENT

15 CONTRACTS TO FORMER EMPLOYERS.— 

16 (1) IN GENERAL.—Chapter 21 of division B of 

17 subtitle I of title 41, United States Code, is amend18 ed by adding at the end the following new section: 

19 ‘‘§ 2108. Prohibition on involvement by certain 

20 former contractor employees in procure21 ments 

22 ‘‘An employee of the Federal Government may not 

23 participate personally and substantially in any award of 

24 a contract to, or the administration of a contract awarded 

25 to, a contractor that is a former employer of the employee 


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1 during the 2-year period beginning on the date on which 

2 the employee leaves the employment of the contractor.’’. 

3 (2) TECHNICAL AND CONFORMING AMEND4 MENT.—The table of sections for chapter 21 of title 

5 41, United States Code, is amended by adding at 

6 the end the following new item: 

‘‘2108. Prohibition on involvement by certain former contractor employees 

in procurements.’’. 

7 (d) REGULATIONS.—The Director of the Office of 

8 Government Ethics, in consultation with the Adminis9 trator of General Services, shall promulgate regulations to 

10 carry out and ensure the enforcement of chapter 21 of 

11 title 41, United States Code, as amended by this section. 

12 (e) MONITORING AND COMPLIANCE.—The Adminis13 trator of General Services, in consultation with designated 

14 agency ethics officials (as that term is defined in section 

15 109(3) of the Ethics in Government Act of 1978 (5 U.S.C. 

16 App.)), shall monitor compliance with such chapter 21 by 

17 individuals and agencies. 

18 SEC. 8005. REVOLVING DOOR RESTRICTIONS ON EMPLOY19 EES MOVING INTO THE PRIVATE SECTOR. 

20 (a) IN GENERAL.—Subsection (c) of section 207 of 

21 title 18, United States Code, is amended— 

22 (1) in the subsection heading, by striking 

23 ‘‘ONE-YEAR’’ and inserting ‘‘TWO-YEAR’’; 

24 (2) in paragraph (1)— 


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1 (A) by striking ‘‘1 year’’ in each instance 

2 and inserting ‘‘2 years’’; and 

3 (B) by inserting ‘‘, or conducts any lob4 bying activity to facilitate any communication 

5 to or appearance before,’’ after ‘‘any commu6 nication to or appearance before’’; and 

7 (3) in paragraph (2)(B), by striking ‘‘1-year’’ 

8 and inserting ‘‘2-year’’. 

9 (b) APPLICATION.—The amendments made by sub10 section (a) shall apply to any individual covered by sub11 section (c) of section 207 of title 18, United States Code, 

12 separating from the civil service on or after the date of 

13 enactment of this Act. 

14 SEC. 8006. GUIDANCE ON UNPAID EMPLOYEES. 

15 (a) IN GENERAL.—Not later than 120 days after the 

16 date of enactment of this Act, the Director of the Office 

17 of Government Ethics shall issue guidance on ethical 

18 standards applicable to unpaid employees of an agency. 

19 (b) DEFINITIONS.—In this section— 

20 (1) the term ‘‘agency’’ includes the Executive 

21 Office of the President and the White House; and 

22 (2) the term ‘‘unpaid employee’’ includes any 

23 individual occupying a position at an agency and 

24 who is unpaid by operation of section 3110 of title 

25 5, United States Code, or any other provision of law, 


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1 but does not include any employee who is unpaid 

2 due to a lapse in appropriations. 

3 SEC. 8007. LIMITATION ON USE OF FEDERAL FUNDS AND 

4 CONTRACTING AT BUSINESSES OWNED BY 

5 CERTAIN GOVERNMENT OFFICERS AND EM6 PLOYEES. 

7 (a) LIMITATION ON FEDERAL FUNDS.—Beginning in 

8 fiscal year 2020 and in each fiscal year thereafter, no Fed9 eral funds may be obligated or expended for purposes of 

10 procuring goods or services at any business owned or con11 trolled by a covered individual or any family member of 

12 such an individual, unless such obligation or expenditure 

13 of funds is necessary for the security of a covered indi14 vidual or family member. 

15 (b) PROHIBITION ON CONTRACTS.—No Federal 

16 agency may enter into a contract with a business owned 

17 or controlled by a covered individual or any family member 

18 of such an individual. 

19 (c) DETERMINATION OF OWNERSHIP.—For purposes 

20 of this section, a business shall be deemed to be owned 

21 or controlled by a covered individual or any family member 

22 of such an individual if the covered individual or member 

23 of family (as the case may be)— 

24 (1) is a member of the board of directors or 

25 similar governing body of the business; or 


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1 (2) directly or indirectly owns or controls 51 

2 percent or more of the voting shares of the business. 

3 (d) DEFINITIONS.—In this section: 

4 (1) COVERED INDIVIDUAL.—The term ‘‘covered 

5 individual’’ means— 

6 (A) the President; 

7 (B) the Vice President; 

8 (C) the head of any Executive department 

9 (as that term is defined in section 101 of title 

10 5, United States Code); and 

11 (D) any individual occupying a position 

12 designated by the President as a Cabinet-level 

13 position. 

14 (2) FAMILY MEMBER.—The term ‘‘family mem15 ber’’ means an individual with any of the following 

16 relationships to a covered individual: 

17 (A) Spouse, and parents thereof. 

18 (B) Sons and daughters, and spouses 

19 thereof. 

20 (C) Parents, and spouses thereof. 

21 (D) Brothers and sisters, and spouses 

22 thereof. 

23 (E) Grandparents and grandchildren, and 

24 spouses thereof. 


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1 (F) Domestic partner and parents thereof, 

2 including domestic partners of any individual in 

3 paragraphs (2) through (5). 

4 (3) FEDERAL AGENCY.—The term ‘‘federal 

5 agency’’ has the meaning given that term in section 

6 102 of title 40, United States Code. 

7 Subtitle B—Presidential Conflicts 

8 of Interest 

9 SEC. 8101. SHORT TITLE. 

10 This subtitle may be cited as the ‘‘Presidential Con11 flicts of Interest Act of 2019’’. 

12 SEC. 8102. DIVESTITURE OF PERSONAL FINANCIAL INTER13 ESTS OF THE PRESIDENT AND VICE PRESI14 DENT THAT POSE A POTENTIAL CONFLICT OF 

15 INTEREST. 

16 (a) IN GENERAL.—The Ethics in Government Act of 

17 1978 (5 U.S.C. App.) is amended by adding after title 

18 VI (as added by section 8003) the following: 


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1 ‘‘TITLE VII—DIVESTITURE OF FI2 NANCIAL CONFLICTS OF IN3 TERESTS OF THE PRESIDENT 

4 AND VICE PRESIDENT 

5 ‘‘SEC. 701. DIVESTITURE OF FINANCIAL INTERESTS POSING 

6 A CONFLICT OF INTEREST. 

7 ‘‘The President and Vice President shall, within 30 

8 days of assuming office, divest of all financial interests 

9 that pose a conflict of interest because the President or 

10 Vice President, the spouse, dependent child, or general 

11 partner of the President or Vice President, or any person 

12 or organization with whom the President or Vice President 

13 is negotiating or has any arrangement concerning prospec14 tive employment, has a financial interest, by— 

15 ‘‘(1) converting each such interest to cash or 

16 other investment that meets the criteria established 

17 by the Director of the Office of Government Ethics 

18 through regulation as being an interest so remote or 

19 inconsequential as not to pose a conflict; or 

20 ‘‘(2) placing each such interest in a qualified 

21 blind trust as defined in section 102(f)(3) or a diver22 sified trust under section 102(f)(4)(B).’’. 

23 (b) ADDITIONAL DISCLOSURES.—Section 102(a) of 

24 the Ethics in Government Act of 1978 (5 U.S.C. App.) 

25 is amended by adding at the end the following: 


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1 ‘‘(9) With respect to any such report filed by 

2 the President or Vice President, for any corporation, 

3 company, firm, partnership, or other business enter4 prise in which the President, Vice President, or the 

5 spouse or dependent child of the President or Vice 

6 President, has a significant financial interest— 

7 ‘‘(A) the name of each other person who 

8 holds a significant financial interest in the firm, 

9 partnership, association, corporation, or other 

10 entity; 

11 ‘‘(B) the value, identity, and category of 

12 each liability in excess of $10,000; and 

13 ‘‘(C) a description of the nature and value 

14 of any assets with a value of $10,000 or 

15 more.’’. 

16 (c) REGULATIONS.—Not later than 120 days after 

17 the date of enactment of this Act, the Director of the Of18 fice of Government Ethics shall promulgate regulations to 

19 define the criteria required by section 701(a)(1) of the 

20 Ethics in Government Act of 1978 (as added subsection 

21 (a)) and the term ‘‘significant financial interest’’ for pur22 poses of section 102(a)(9) of the Ethics in Government 

23 Act (as added by subsection (b)). 


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1 SEC. 8103. INITIAL FINANCIAL DISCLOSURE. 

2 Subsection (a) of section 101 of the Ethics in Govern3 ment Act of 1978 (5 U.S.C. App.) is amended by striking 

4 ‘‘position’’ and adding at the end the following: ‘‘position, 

5 with the exception of the President and Vice President, 

6 who must file a new report.’’. 

7 SEC. 8104. CONTRACTS BY THE PRESIDENT OR VICE PRESI8 DENT. 

9 (a) AMENDMENT.—Section 431 of title 18, United 

10 States Code, is amended— 

11 (1) in the section heading, by inserting ‘‘the 

12 President, Vice President, Cabinet Mem13 ber, or a’’ after ‘‘Contracts by’’; and 

14 (2) in the first undesignated paragraph, by in15 serting ‘‘the President, Vice President, or any Cabi16 net member’’ after ‘‘Whoever, being’’. 

17 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

18 sections for chapter 23 of title 18, United States Code, 

19 is amended by striking the item relating to section 431 

20 and inserting the following: 

‘‘431. Contracts by the President, Vice President, Cabinet Member, or a Member of Congress.’’. 

21 SEC. 8105. LEGAL DEFENSE FUNDS. 

22 (a) DEFINITIONS.—In this section— 

23 (1) the term ‘‘Director’’ means the Director of 

24 the Office of Government Ethics; 


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1 (2) the term ‘‘legal defense fund’’ means a 

2 trust— 

3 (A) that has only one beneficiary; 

4 (B) that is subject to a trust agreement 

5 creating an enforceable fiduciary duty on the 

6 part of the trustee to the beneficiary, pursuant 

7 to the applicable law of the jurisdiction in which 

8 the trust is established; 

9 (C) that is subject to a trust agreement 

10 that provides for the mandatory public disclo11 sure of all donations and disbursements; 

12 (D) that is subject to a trust agreement 

13 that prohibits the use of its resources for any 

14 purpose other than— 

15 (i) the administration of the trust; 

16 (ii) the payment or reimbursement of 

17 legal fees or expenses incurred in investiga18 tive, civil, criminal, or other legal pro19 ceedings relating to or arising by virtue of 

20 service by the trust’s beneficiary as an offi21 cer or employee, as defined in this section, 

22 or as an employee, contractor, consultant 

23 or volunteer of the campaign of the Presi24 dent or Vice President; or 


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1 (iii) the distribution of unused re2 sources to a charity selected by the trustee 

3 that has not been selected or recommended 

4 by the beneficiary of the trust; 

5 (E) that is subject to a trust agreement 

6 that prohibits the use of its resources for any 

7 other purpose or personal legal matters, includ8 ing tax planning, personal injury litigation, pro9 tection of property rights, divorces, or estate 

10 probate; and 

11 (F) that is subject to a trust agreement 

12 that prohibits the acceptance of donations, ex13 cept in accordance with this section and the 

14 regulations of the Office of Government Ethics; 

15 (3) the term ‘‘lobbying activity’’ has the mean16 ing given that term in section 3 of the Lobbying 

17 Disclosure Act of 1995 (2 U.S.C. 1602); 

18 (4) the term ‘‘officer or employee’’ means— 

19 (A) an officer (as that term is defined in 

20 section 2104 of title 5, United States Code) or 

21 employee (as that term is defined in section 

22 2105 of such title) of the executive branch of 

23 the Government; 

24 (B) the Vice President; and 

25 (C) the President; and 


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1 (5) the term ‘‘relative’’ has the meaning given 

2 that term in section 3110 of title 5, United States 

3 Code. 

4 (b) LEGAL DEFENSE FUNDS.—An officer or em5 ployee may not accept or use any gift or donation for the 

6 payment or reimbursement of legal fees or expenses in7 curred in investigative, civil, criminal, or other legal pro8 ceedings relating to or arising by virtue of the officer or 

9 employee’s service as an officer or employee, as defined 

10 in this section, or as an employee, contractor, consultant 

11 or volunteer of the campaign of the President or Vice 

12 President except through a legal defense fund that is cer13 tified by the Director of the Office of Government Ethics. 

14 (c) LIMITS ON GIFTS AND DONATIONS.—Not later 

15 than 120 days after the date of the enactment of this Act, 

16 the Director shall promulgate regulations establishing lim17 its with respect to gifts and donations described in sub18 section (b), which shall, at a minimum— 

19 (1) prohibit the receipt of any gift or donation 

20 described in subsection (b)— 

21 (A) from a single contributor (other than 

22 a relative of the officer or employee) in a total 

23 amount of more than $5,000 during any cal24 endar year; 

25 (B) from a registered lobbyist; 


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1 (C) from a foreign government or an agent 

2 of a foreign principal; 

3 (D) from a State government or an agent 

4 of a State government; 

5 (E) from any person seeking official action 

6 from, or seeking to do or doing business with, 

7 the agency employing the officer or employee; 

8 (F) from any person conducting activities 

9 regulated by the agency employing the officer 

10 or employee; 

11 (G) from any person whose interests may 

12 be substantially affected by the performance or 

13 nonperformance of the official duties of the offi14 cer or employee; 

15 (H) from an officer or employee of the ex16 ecutive branch; 

17 (I) from any organization a majority of 

18 whose members are described in (A)–(H); or 

19 (J) require that a legal defense fund, in 

20 order to be certified by the Director only permit 

21 distributions to the officer or employee. 

22 (d) WRITTEN NOTICE.— 

23 (1) IN GENERAL.—An officer or employee who 

24 wishes to accept funds or have a representative ac25 cept funds from a legal defense fund shall first enVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00611 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 sure that the proposed trustee of the legal defense 

2 fund submits to the Director the following informa3 tion: 

4 (A) The name and contact information for 

5 any proposed trustee of the legal defense fund. 

6 (B) A copy of any proposed trust docu7 ment for the legal defense fund. 

8 (C) The nature of the legal proceeding (or 

9 proceedings), investigation or other matter 

10 which give rise to the establishment of the legal 

11 defense fund. 

12 (D) An acknowledgment signed by the offi13 cer or employee and the trustee indicating that 

14 they will be bound by the regulations and limi15 tation under this section. 

16 (2) APPROVAL.—An officer or employee may 

17 not accept any gift or donation to pay, or to reim18 burse any person for, fees or expenses described in 

19 subsection (b) of this section except through a legal 

20 defense fund that has been certified in writing by 

21 the Director following that office’s receipt and ap22 proval of the information submitted under para23 graph (1) and approval of the structure of the fund. 

24 (e) REPORTING.— 


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1 (1) IN GENERAL.—An officer or employee who 

2 establishes a legal defense fund may not directly or 

3 indirectly accept distributions from a legal defense 

4 fund unless the fund has provided the Director a 

5 quarterly report for each quarter of every calendar 

6 year since the establishment of the legal defense 

7 fund that discloses, with respect to the quarter cov8 ered by the report— 

9 (A) the source and amount of each con10 tribution to the legal defense fund; and 

11 (B) the amount, recipient, and purpose of 

12 each expenditure from the legal defense fund, 

13 including all distributions from the trust for 

14 any purpose. 

15 (2) PUBLIC AVAILABILITY.—The Director shall 

16 make publicly available online— 

17 (A) each report submitted under para18 graph (1) in a searchable, sortable, and 

19 downloadable form; 

20 (B) each trust agreement and any amend21 ment thereto; 

22 (C) the written notice and acknowledgment 

23 required by subsection (d); and 

24 (D) the Director’s written certification of 

25 the legal defense fund. 


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1 (f) RECUSAL.—An officer or employee, other than the 

2 President and the Vice President, who is the beneficiary 

3 of a legal defense fund may not participate personally and 

4 substantially in any particular matter in which the officer 

5 or employee knows a donor of any source of a gift or dona6 tion to the legal defense fund established for the officer 

7 or employee has a financial interest, for a period of two 

8 years from the date of the most recent gift or donation 

9 to the legal defense fund. 

10 Subtitle C—White House Ethics 

11 Transparency 

12 SEC. 8201. SHORT TITLE. 

13 This subtitle may be cited as the ‘‘White House Eth14 ics Transparency Act of 2019’’. 

15 SEC. 8202. PROCEDURE FOR WAIVERS AND AUTHORIZA16 TIONS RELATING TO ETHICS REQUIREMENTS. 

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law, not later than 30 days after an officer or em19 ployee issues or approves a waiver or authorization with 

20 respect to a covered employee pursuant to section 3 of Ex21 ecutive Order 13770 (82 Fed. Reg. 9333; relating to eth22 ics commitments by executive branch appointees), or any 

23 subsequent similar order, such officer or employee shall— 


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1 (1) transmit a written copy of the waiver or au2 thorization to the Director of the Office of Govern3 ment Ethics; and 

4 (2) make a written copy of the waiver or au5 thorization available to the public on the website of 

6 the agency that employs the covered employee. 

7 (b) RETROACTIVE APPLICATION.—In the case of a 

8 waiver or authorization described in subsection (a) issued 

9 during the period beginning on January 20, 2017, and 

10 ending on the date of enactment of this Act, the issuing 

11 officer or employee of the waiver or authorization shall 

12 comply with the requirements of paragraphs (1) and (2) 

13 of that subsection not later than 30 days after the date 

14 of enactment of this Act. 

15 (c) OFFICE OF GOVERNMENT ETHICS PUBLIC AVAIL16 ABILITY.—Not later than 30 days after receiving a written 

17 copy of a waiver or authorization under subsection (a)(1), 

18 the Director of the Office of Government Ethics shall 

19 make the waiver or authorization available to the public 

20 on the website of the Office of Government Ethics. 

21 (d) REPORT TO CONGRESS.—Not later than 45 days 

22 after the date of enactment of this Act, the Director of 

23 the Office of Government Ethics shall submit a report to 

24 Congress on the impact of the application of subsection 

25 (b), including the name of any individual who received a 


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1 waiver or authorization described in subsection (a) and 

2 who, by operation of subsection (b), submitted the infor3 mation required by such subsection. 

4 (e) DEFINITION OF COVERED EMPLOYEE.—In this 

5 section, the term ‘‘covered employee’’— 

6 (1) means— 

7 (A) a noncareer appointee appointed by 

8 the President or Vice President; 

9 (B) a noncareer appointee in the Senior 

10 Executive Service (or any other system similar 

11 to the Senior Executive Service); or 

12 (C) an appointee to a position that has 

13 been excepted from the competitive service by 

14 reason of being of a confidential or policy15 making character in an executive agency, in16 cluding a position under schedule C of subpart 

17 C of part 213 of title 5, Code of Federal Regu18 lations, and any other position excepted under 

19 comparable criteria; and 

20 (2) does not include any individual appointed as 

21 a member of the Senior Foreign Service or solely as 

22 a uniformed service commissioned officer. 


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1 Subtitle D—Executive Branch 

2 Ethics Enforcement 

3 SEC. 8301. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Executive Branch 

5 Comprehensive Ethics Enforcement Act of 2019’’. 

6 SEC. 8302. REAUTHORIZATION OF THE OFFICE OF GOVERN7 MENT ETHICS. 

8 Section 405 of the Ethics in Government Act of 1978 

9 (5 U.S.C. App.) is amended by striking ‘‘fiscal year 2007’’ 

10 and inserting ‘‘fiscal years 2019 through 2023.’’. 

11 SEC. 8303. TENURE OF THE DIRECTOR OF THE OFFICE OF 

12 GOVERNMENT ETHICS. 

13 Section 401(b) of the Ethics in Government Act of 

14 1978 (5 U.S.C. App.) is amended by striking the period 

15 at the end and inserting ‘‘, subject to removal only for 

16 inefficiency, neglect of duty, or malfeasance in office. The 

17 Director may continue to serve beyond the expiration of 

18 the term until a successor is appointed and has qualified, 

19 except that the Director may not continue to serve for 

20 more than 1 year after the date on which the term would 

21 otherwise expire under this subsection.’’. 

22 SEC. 8304. DUTIES OF DIRECTOR OF THE OFFICE OF GOV23 ERNMENT ETHICS. 

24 (a) IN GENERAL.—Section 402(a) of the Ethics in 

25 Government Act of 1978 (5 U.S.C. App.) is amended in 


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1 paragraph (1) by striking ‘‘, in consultation with the Of2 fice of Personnel Management,’’. 

3 (b) RESPONSIBILITIES OF THE DIRECTOR.—Section 

4 402(b) of the Ethics in Government Act of 1978 (5 U.S.C. 

5 App.) is amended— 

6 (1) in paragraph (1)— 

7 (A) by striking ‘‘developing, in consultation 

8 with the Attorney General and the Office of 

9 Personnel Management, rules and regulations 

10 to be promulgated by the President or the Di11 rector’’ and inserting ‘‘developing and promul12 gating rules and regulations’’; and 

13 (B) by striking ‘‘title II’’ and inserting 

14 ‘‘title I’’; 

15 (2) by striking paragraph (2) and inserting the 

16 following: 

17 ‘‘(2) providing mandatory education and train18 ing programs for designated agency ethics officials, 

19 which may be delegated to each agency or the White 

20 House Counsel as determined to be appropriate by 

21 the Director;’’; 

22 (3) in paragraph (3), by striking ‘‘title II’’ and 

23 inserting ‘‘title I’’; 

24 (4) in paragraph (4), by striking ‘‘problems’’ 

25 and inserting ‘‘issues’’; 


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1 (5) in paragraph (6)— 

2 (A) by striking ‘‘issued by the President or 

3 the Director’’; and 

4 (B) by striking ‘‘problems’’ and inserting 

5 ‘‘issues’’; 

6 (6) in paragraph (7)— 

7 (A) by striking ‘‘, when requested,’’; and 

8 (B) by striking ‘‘conflict of interest prob9 lems’’ and inserting ‘‘conflicts of interest, as 

10 well as other ethics issues’’; 

11 (7) in paragraph (9)— 

12 (A) by striking ‘‘ordering’’ and inserting 

13 ‘‘receiving allegations of violations of this Act or 

14 regulations of the Office of Government Ethics 

15 and, when necessary, investigating an allegation 

16 to determine whether a violation occurred, and 

17 ordering’’; and 

18 (B) by inserting before the semi-colon the 

19 following: ‘‘, and recommending appropriate 

20 disciplinary action’’; 

21 (8) in paragraph (12)— 

22 (A) by striking ‘‘evaluating, with the as23 sistance of’’ and inserting ‘‘promulgating, with 

24 input from’’; 


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1 (B) by striking ‘‘the need for changes in’’; 

2 and 

3 (C) by striking ‘‘conflict of interest and 

4 ethical problems’’ and inserting ‘‘conflict of in5 terest and ethics issues’’; 

6 (9) in paragraph (13)— 

7 (A) by striking ‘‘with the Attorney Gen8 eral’’ and inserting ‘‘with the Inspectors Gen9 eral and the Attorney General’’; 

10 (B) by striking ‘‘violations of the conflict 

11 of interest laws’’ and inserting ‘‘conflict of in12 terest issues and allegations of violations of eth13 ics laws and regulations and this Act’’; and 

14 (C) by striking ‘‘, as required by section 

15 535 of title 28, United States Code’’; 

16 (10) in paragraph (14), by striking ‘‘and’’ at 

17 the end; 

18 (11) in paragraph (15)— 

19 (A) by striking ‘‘, in consultation with the 

20 Office of Personnel Management,’’; 

21 (B) by striking ‘‘title II’’ and inserting 

22 ‘‘title I’’; and 

23 (C) by striking the period at the end and 

24 inserting a semicolon; and 

25 (12) by adding at the end the following: 


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1 ‘‘(16) directing and providing final approval, 

2 when determined appropriate by the Director, for 

3 designated agency ethics officials regarding the reso4 lution of conflicts of interest as well as any other 

5 ethics issues under the purview of this Act in indi6 vidual cases; and 

7 ‘‘(17) reviewing and approving, when deter8 mined appropriate by the Director, any recusals, ex9 emptions, or waivers from the conflicts of interest 

10 and ethics laws, rules, and regulations and making 

11 approved recusals, exemptions, and waivers made 

12 publicly available by the relevant agency available in 

13 a central location on the official website of the Office 

14 of Government Ethics.’’. 

15 (c) WRITTEN PROCEDURES.—Paragraph (1) of sec16 tion 402(d) of the Ethics in Government Act of 1978 (5 

17 U.S.C. App.) is amended— 

18 (1) by striking ‘‘, by the exercise of any author19 ity otherwise available to the Director under this 

20 title,’’; 

21 (2) by striking ‘‘the agency is’’; and 

22 (3) by inserting after ‘‘filed by’’ the following: 

23 ‘‘, or written documentation of recusals, waivers, or 

24 ethics authorizations relating to,’’. 


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1 (d) CORRECTIVE ACTIONS.—Section 402(f) of the 

2 Ethics in Government Act of 1978 (5 U.S.C. App.) is 

3 amended— 

4 (1) in paragraph (1)— 

5 (A) in clause (i) of subparagraph (A), by 

6 striking ‘‘of such agency’’; and 

7 (B) in subparagraph (B), by inserting at 

8 the end ‘‘and determine that a violation of this 

9 Act has occurred and issue appropriate admin10 istrative or legal remedies as prescribed in para11 graph (2)’’; 

12 (2) in paragraph (2)— 

13 (A) in subparagraph (A)— 

14 (i) in clause (ii)— 

15 (I) in subclause (I), by inserting 

16 ‘‘to the President, or the President’s 

17 designee if the matter involves em18 ployees of the Executive Office of the 

19 President, or’’ after ‘‘may rec20 ommend’’; 

21 (II) in subclause (II)— 

22 (aa) by inserting ‘‘President 

23 or’’ after ‘‘determines that the’’; 

24 and 


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1 (bb) by adding ‘‘and’’ at the 

2 end; 

3 (ii) in clause (iii)(II)— 

4 (I) by striking ‘‘notify, in writ5 ing,’’ and inserting ‘‘advise the Presi6 dent or order’’; 

7 (II) by inserting ‘‘to take appro8 priate disciplinary action including 

9 reprimand, suspension, demotion, or 

10 dismissal against the officer or em11 ployee (provided, however, that any 

12 order issued by the Director shall not 

13 affect an employee’s right to appeal a 

14 disciplinary action under applicable 

15 law, regulation, collective bargaining 

16 agreement, or contractual provision)’’ 

17 after ‘‘employee’s agency’’; 

18 (III) by striking ‘‘of the officer’s 

19 or employee’s noncompliance, except 

20 that, if the officer or employee in21 volved is the agency head, the notifi22 cation shall instead be submitted to 

23 the President’’; and 

24 (IV) by striking ‘‘; and’’ and in25 serting a period; and 


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1 (iii) by striking clause (iv); 

2 (B) in subparagraph (B)— 

3 (i) in clause (i)— 

4 (I) by striking ‘‘subparagraph 

5 (A)(iii) or (iv)’’ and inserting ‘‘sub6 paragraph (A)’’; 

7 (II) by inserting ‘‘(I)’’ before ‘‘In 

8 order to’’; and 

9 (III) by adding at the end the 

10 following: 

11 ‘‘(II)(aa) The Director may secure directly 

12 from any agency information necessary to en13 able the Director to carry out this Act. Upon 

14 request of the Director, the head of such agency 

15 shall furnish that information to the Director. 

16 ‘‘(bb) The Director may require by sub17 poena the production of all information, docu18 ments, reports, answers, records, accounts, pa19 pers, and other data in any medium and docu20 mentary evidence necessary in the performance 

21 of the functions assigned by this Act, which 

22 subpoena, in the case of refusal to obey, shall 

23 be enforceable by order of any appropriate 

24 United States district court.’’; 

25 (ii) in clause (ii)(I)— 


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1 (I) by striking ‘‘Subject to clause 

2 (iv) of this subparagraph, before’’ and 

3 inserting ‘‘Before’’; and 

4 (II) by striking ‘‘subparagraphs 

5 (A) (iii) or (iv)’’ and inserting ‘‘sub6 paragraph (A)(iii)’’; 

7 (iii) in clause (iii), by striking ‘‘Sub8 ject to clause (iv) of this subparagraph, be9 fore’’ and inserting ‘‘Before’’; and 

10 (iv) in clause (iv)— 

11 (I) by striking ‘‘title 2’’ and in12 serting ‘‘title I’’; and 

13 (II) by striking ‘‘section 206’’ 

14 and inserting ‘‘section 106’’; and 

15 (3) in paragraph (4), by striking ‘‘paragraphs 

16 (2)(A)(ii), (iii), (iv) and (3)(B)’’ and inserting 

17 ‘‘clauses (ii) and (iii) of paragraph (2)(A) and para18 graph (3)(B)’’. 

19 (e) DEFINITIONS.—Section 402 of the Ethics in Gov20 ernment Act of 1978 (5 U.S.C. App.) is amended by add21 ing at the end the following: 

22 ‘‘(g) For purposes of this title— 

23 ‘‘(1) the term ‘agency’ shall include the Execu24 tive Office of the President; and 


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1 ‘‘(2) the term ‘officer or employee’ shall include 

2 any individual occupying a position, providing any 

3 official services, or acting in an advisory capacity, in 

4 the White House or the Executive Office of the 

5 President. 

6 ‘‘(h) In this title, a reference to the head of an agency 

7 shall include the President or the President’s designee. 

8 ‘‘(i) The Director shall not be required to obtain the 

9 prior approval, comment, or review of any officer or agen10 cy of the United States, including the Office of Manage11 ment and Budget, before submitting to Congress, or any 

12 committee or subcommittee thereof, any information, re13 ports, recommendations, testimony, or comments, if such 

14 submissions include a statement indicating that the views 

15 expressed therein are those of the Director and do not nec16 essarily represent the views of the President.’’. 

17 SEC. 8305. AGENCY ETHICS OFFICIALS TRAINING AND DU18 TIES. 

19 (a) IN GENERAL.—Section 403 of the Ethics in Gov20 ernment Act of 1978 (5 U.S.C. App.) is amended— 

21 (1) in subsection (a), by adding a period at the 

22 end of the matter following paragraph (2); and 

23 (2) by adding at the end the following: 

24 ‘‘(c)(1) All designated agency ethics officials and al25 ternate designated agency ethics officials shall register 


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1 with the Director as well as with the appointing authority 

2 of the official. 

3 ‘‘(2) The Director shall provide ethics education and 

4 training to all designated and alternate designated agency 

5 ethics officials in a time and manner determined to be ap6 propriate by the Director. 

7 ‘‘(3) Each designated agency ethics official and each 

8 alternate designated agency ethics official shall biannually 

9 attend ethics education and training, as provided by the 

10 Director under paragraph (2). 

11 ‘‘(d) Each designated agency ethics official, including 

12 the designated agency ethics official for the Executive Of13 fice of the President— 

14 ‘‘(1) shall provide to the Director, in writing, in 

15 a searchable, sortable, and downloadable format all 

16 approvals, authorizations, certifications, compliance 

17 reviews, determinations, directed divestitures, public 

18 financial disclosure reports, notices of deficiency in 

19 compliance, records related to the approval or ac20 ceptance of gifts, recusals, regulatory or statutory 

21 advisory opinions, waivers, including waivers under 

22 section 207 or 208 of title 18, United States Code, 

23 and any other records designated by the Director, 

24 unless disclosure is prohibited by law; 


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1 ‘‘(2) shall, for all information described in para2 graph (1) that is permitted to be disclosed to the 

3 public under law, make the information available to 

4 the public by— 

5 ‘‘(A) publishing the information on the 

6 website of the Office of Government Ethics; 

7 ‘‘(B) providing a link to download an elec8 tronic copy of the information; or 

9 ‘‘(C) providing printed paper copies of 

10 such information to the public; and 

11 ‘‘(3) may charge a reasonable fee for the cost 

12 of providing paper copies of the information pursu13 ant to paragraph (2). 

14 ‘‘(e)(1) For all information that is provided by an 

15 agency to the Director under subsection (d)(1), the Direc16 tor shall make the information available to the public in 

17 a searchable, sortable, downloadable format by publishing 

18 the information on the website of the Office of Govern19 ment Ethics or providing a link to download an electronic 

20 copy of the information. 

21 ‘‘(2) The Director may, upon request, provide printed 

22 paper copies of the information published under para23 graph (1) and charge a reasonable fee for the cost of print24 ing such copies.’’. 


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1 (b) REPEAL.—Section 408 of the Ethics in Govern2 ment Act of 1978 (5 U.S.C. App.) is hereby repealed. 

3 SEC. 8306. PROHIBITION ON USE OF FUNDS FOR CERTAIN 

4 FEDERAL EMPLOYEE TRAVEL IN CON5 TRAVENTION OF CERTAIN REGULATIONS. 

6 (a) IN GENERAL.—Beginning on the date of enact7 ment of this Act, no Federal funds appropriated or other8 wise made available in any fiscal year may be used for 

9 the travel expenses of any senior Federal official in con10 travention of sections 301–10.260 through 301–10.266 of 

11 title 41, Code of Federal Regulations, or any successor 

12 regulation. 

13 (b) QUARTERLY REPORT ON TRAVEL.— 

14 (1) IN GENERAL.—Not later than 90 days after 

15 the date of enactment of this Act, and every 90 days 

16 thereafter, the head of each Federal agency shall 

17 submit a report to the Committee on Oversight and 

18 Reform of the House of Representatives and the 

19 Committee on Homeland Security and Governmental 

20 Affairs of the Senate detailing travel on Government 

21 aircraft by any senior Federal official employed at 

22 the applicable agency. 

23 (2) APPLICATION.—Any report required under 

24 paragraph (1) shall not include any classified travel, 

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1 persede, alter, or otherwise affect the application of 

2 section 301–70.907 of title 41, Code of Federal Reg3 ulations, or any successor regulation. 

4 (c) TRAVEL REGULATION REPORT.— 

5 (1) IN GENERAL.—Not later than 1 year after 

6 the date of enactment of this Act, the Director of 

7 the Office of Government Ethics shall submit a re8 port to Congress detailing suggestions on strength9 ening Federal travel regulations. 

10 (2) PUBLICATION.—On the date the report 

11 under paragraph (1) is submitted, the Director shall 

12 publish the report on the public website of the Office 

13 of Government Ethics. 

14 (d) DEFINITION OF SENIOR FEDERAL OFFICIAL.— 

15 In this section, the term ‘‘senior Federal official’’ has the 

16 meaning given that term in section 300–3.1 of title 41, 

17 Code of Federal Regulations, as in effect on the date of 

18 enactment of this Act, and includes any senior executive 

19 branch official. 

20 SEC. 8307. REPORTS ON COST OF PRESIDENTIAL TRAVEL. 

21 (a) REPORT REQUIRED.— 

22 (1) IN GENERAL.—Not later than 90 days after 

23 the date of enactment of this Act, and every 90 days 

24 thereafter, the Secretary of Defense, in consultation 

25 with the Secretary of the Air Force, shall submit to 


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1 the Chairman and Ranking Member of the Com2 mittee on Armed Services of the Senate and the 

3 Chairman and Ranking Member of the Committee 

4 on Armed Services of the House of Representatives 

5 a report detailing the direct and indirect costs to the 

6 Department of Defense in support of Presidential 

7 travel. 

8 (2) CONTENTS.—Each report submitted under 

9 paragraph (1) shall include costs incurred for travel 

10 to a property owned or operated by any individual 

11 serving as President or any immediate family mem12 ber of that individual. 

13 (b) IMMEDIATE FAMILY MEMBER DEFINED.—In this 

14 section, the term ‘‘immediate family member’’ means— 

15 (1) the spouse of an individual; 

16 (2) the adult or minor child of an individual; or 

17 (3) the spouse of an adult child of an indi18 vidual. 

19 SEC. 8308. REPORTS ON COST OF SENIOR EXECUTIVE TRAV20 EL. 

21 (a) REPORTS ON SENIOR EXECUTIVE TRAVEL.— 

22 (1) IN GENERAL.—Not later than 90 days after 

23 the date of enactment of this Act, and every 90 days 

24 thereafter, the Secretary of Defense shall submit to 

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1 mittee on Armed Services of the Senate and the 

2 Chairman and Ranking Member of the Committee 

3 on Armed Services of the House of Representatives 

4 a report detailing the direct and indirect costs to the 

5 Department of Defense in support of travel by sen6 ior executive officials on military aircraft. 

7 (2) REIMBURSEMENT.—Each report submitted 

8 under paragraph (1) shall include information relat9 ing to whether spousal travel furnished by the De10 partment of Defense was reimbursed to the Federal 

11 Government. 

12 (b) EXCEPTION.—Required use travel, as outlined in 

13 Department of Defense Directive 4500.56, shall not be in14 cluded in reports submitted under subsection (a). 

15 (c) SENIOR EXECUTIVE OFFICIAL DEFINED.—In 

16 this section, the term ‘‘senior executive official’’ has the 

17 meaning given the term ‘‘senior Federal official’’ in sec18 tion 300–3.1 of title 41, Code of Federal Regulations, as 

19 in effect on the date of enactment of this Act, and includes 

20 any senior executive branch official). 

21 Subtitle E—Conflicts From 

22 Political Fundraising 

23 SEC. 8401. SHORT TITLE. 

24 This subtitle may be cited as the ‘‘Conflicts From Po25 litical Fundraising Act of 2019’’. 


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1 SEC. 8402. DISCLOSURE OF CERTAIN TYPES OF CONTRIBU2 TIONS. 

3 (a) DEFINITIONS.—Section 109 of the Ethics in Gov4 ernment Act of 1978 (5 U.S.C. App.) is amended— 

5 (1) by redesignating paragraphs (2) through 

6 (19) as paragraphs (5) through (22), respectively; 

7 and 

8 (2) by inserting after paragraph (1) the fol9 lowing: 

10 ‘‘(2) ‘covered contribution’ means a payment, 

11 advance, forbearance, rendering, or deposit of 

12 money, or any thing of value— 

13 ‘‘(A)(i) that— 

14 ‘‘(I) is— 

15 ‘‘(aa) made by or on behalf of a 

16 covered individual; or 

17 ‘‘(bb) solicited in writing by, or 

18 at the request of, a covered individual; 

19 and 

20 ‘‘(II) is made— 

21 ‘‘(aa) to a political organization, 

22 as defined in section 527 of the Inter23 nal Revenue Code of 1986; or 

24 ‘‘(bb) to an organization— 

25 ‘‘(AA) that is described in 

26 paragraph (4) or (6) of section 


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1 501(c) of the Internal Revenue 

2 Code of 1986 and exempt from 

3 tax under section 501(a) of such 

4 Code; and 

5 ‘‘(BB) that promotes or op6 poses changes in Federal laws or 

7 regulations that are (or would 

8 be) administered by the agency in 

9 which the covered individual has 

10 been nominated for appointment 

11 to a covered position or is serving 

12 in a covered position; or 

13 ‘‘(ii) that is— 

14 ‘‘(I) solicited in writing by or on be15 half of a covered individual; and 

16 ‘‘(II) made— 

17 ‘‘(aa) by an individual or entity 

18 the activities of which are subject to 

19 Federal laws or regulations that are 

20 (or would be) administered by the 

21 agency in which the covered individual 

22 has been nominated for appointment 

23 to a covered position or is serving in 

24 a covered position; and 

25 ‘‘(bb) to— 


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1 ‘‘(AA) a political organiza2 tion, as defined in section 527 of 

3 the Internal Revenue Code of 

4 1986; or 

5 ‘‘(BB) an organization that 

6 is described in paragraph (4) or 

7 (6) of section 501(c) of the Inter8 nal Revenue Code of 1986 and 

9 exempt from tax under section 

10 501(a) of such Code; and 

11 ‘‘(B) that is made to an organization de12 scribed in item (aa) or (bb) of clause (i)(II) or 

13 clause (ii)(II)(bb) of subparagraph (A) for 

14 which the total amount of such payments, ad15 vances, forbearances, renderings, or deposits of 

16 money, or any thing of value, during the cal17 endar year in which it is made is not less than 

18 the contribution limitation in effect under sec19 tion 315(a)(1)(A) of the Federal Election Cam20 paign Act of 1971 (52 U.S.C. 30116(a)(1)(A)) 

21 for elections occurring during such calendar 

22 year; 

23 ‘‘(3) ‘covered individual’ means an individual 

24 who has been nominated or appointed to a covered 

25 position; and 


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1 ‘‘(4) ‘covered position’— 

2 ‘‘(A) means— 

3 ‘‘(i) a position described in sections 

4 5312 through 5316 of title 5, United 

5 States Code; 

6 ‘‘(ii) a position placed in level IV or V 

7 of the Executive Schedule under section 

8 5317 of title 5, United States Code; 

9 ‘‘(iii) a position as a limited term ap10 pointee, limited emergency appointee, or 

11 noncareer appointee in the Senior Execu12 tive Service, as those terms are defined in 

13 paragraphs (5), (6), and (7), respectively, 

14 of section 3132(a) of title 5, United States 

15 Code; and 

16 ‘‘(iv) a position in the executive 

17 branch of the Government of a confidential 

18 or policy-determining character under 

19 schedule C of subpart C of part 213 of 

20 title 5, Code of Federal Regulations; and 

21 ‘‘(B) does not include a position if the in22 dividual serving in the position has been ex23 cluded from the application of section 

24 101(f)(5);’’. 


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1 (b) DISCLOSURE REQUIREMENTS.—The Ethics in 

2 Government Act of 1978 (5 U.S.C. App.) is amended— 

3 (1) in section 101— 

4 (A) in subsection (a)— 

5 (i) by inserting ‘‘(1)’’ before ‘‘With6 in’’; 

7 (ii) by striking ‘‘unless’’ and inserting 

8 ‘‘and, if the individual is assuming a cov9 ered position, the information described in 

10 section 102(j), except that, subject to para11 graph (2), the individual shall not be re12 quired to file a report if’’; and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(2) If an individual has left a position described in 

16 subsection (f) that is not a covered position and, within 

17 30 days, assumes a position that is a covered position, the 

18 individual shall, within 30 days of assuming the covered 

19 position, file a report containing the information described 

20 in section 102(j)(2)(A).’’; 

21 (B) in subsection (b)(1), in the first sen22 tence, by inserting ‘‘and the information re23 quired by section 102(j)’’ after ‘‘described in 

24 section 102(b)’’; 


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1 (C) in subsection (d), by inserting ‘‘and, if 

2 the individual is serving in a covered position, 

3 the information required by section 

4 102(j)(2)(A)’’ after ‘‘described in section 

5 102(a)’’; and 

6 (D) in subsection (e), by inserting ‘‘and, if 

7 the individual was serving in a covered position, 

8 the information required by section 

9 102(j)(2)(A),’’ after ‘‘described in section 

10 102(a)’’; and 

11 (2) in section 102— 

12 (A) in subsection (g), by striking ‘‘Political 

13 campaign funds’’ and inserting ‘‘Except as pro14 vided in subsection (j), political campaign 

15 funds’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(j)(1) In this subsection— 

18 ‘‘(A) the term ‘applicable period’ means— 

19 ‘‘(i) with respect to a report filed pursuant 

20 to subsection (a) or (b) of section 101, the year 

21 of filing and the 4 calendar years preceding the 

22 year of the filing; and 

23 ‘‘(ii) with respect to a report filed pursuant 

24 to subsection (d) or (e) of section 101, the pre25 ceding calendar year; and 


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1 ‘‘(B) the term ‘covered gift’ means a gift that— 

2 ‘‘(i) is made to a covered individual, the 

3 spouse of a covered individual, or the dependent 

4 child of a covered individual; 

5 ‘‘(ii) is made by an entity described in item 

6 (aa) or (bb) of section 109(2)(A)(i)(II); and 

7 ‘‘(iii) would have been required to be re8 ported under subsection (a)(2) if the covered in9 dividual had been required to file a report 

10 under section 101(d) with respect to the cal11 endar year during which the gift was made. 

12 ‘‘(2)(A) A report filed pursuant to subsection (a), (b), 

13 (d), or (e) of section 101 by a covered individual shall in14 clude, for each covered contribution during the applicable 

15 period— 

16 ‘‘(i) the date on which the covered contribution 

17 was made; 

18 ‘‘(ii) if applicable, any date on which the cov19 ered contribution was solicited; 

20 ‘‘(iii) the value of the covered contribution; 

21 ‘‘(iv) the name of the person making the cov22 ered contribution; and 

23 ‘‘(v) the name of the person receiving the cov24 ered contribution. 


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1 ‘‘(B)(i) Subject to clause (ii), a covered contribution 

2 made by or on behalf of, or that was solicited in writing 

3 by or on behalf of, a covered individual shall constitute 

4 a conflict of interest, or an appearance thereof, with re5 spect to the official duties of the covered individual. 

6 ‘‘(ii) The Director of the Office of Government Ethics 

7 may exempt a covered contribution from the application 

8 of clause (i) if the Director determines the circumstances 

9 of the solicitation and making of the covered contribution 

10 do not present a risk of a conflict of interest and the ex11 emption of the covered contribution would not affect ad12 versely the integrity of the Government or the confidence 

13 of the public in the integrity of the Government. 

14 ‘‘(3) A report filed pursuant to subsection (a) or (b) 

15 of section 101 by a covered individual shall include the 

16 information described in subsection (a)(2) with respect to 

17 each covered gift received during the applicable period.’’. 

18 (c) PROVISION OF REPORTS AND ETHICS AGREE19 MENTS TO CONGRESS.—Section 105 of the Ethics in Gov20 ernment Act of 1978 (5 U.S.C. App.) is amended by add21 ing at the end the following: 

22 ‘‘(e) Not later than 30 days after receiving a written 

23 request from the Chairman or Ranking Member of a com24 mittee or subcommittee of either House of Congress, the 

25 Director of the Office of Government Ethics shall provide 


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1 to the Chairman and Ranking Member each report filed 

2 under this title by the covered individual and any ethics 

3 agreement entered into between the agency and the cov4 ered individual.’’. 

5 (d) RULES ON ETHICS AGREEMENTS.—The Director 

6 of the Office of Government Ethics shall promptly issue 

7 rules regarding how an agency in the executive branch 

8 shall address information required to be disclosed under 

9 the amendments made by this subtitle in drafting ethics 

10 agreements between the agency and individuals appointed 

11 to positions in the agency. 

12 (e) TECHNICAL AND CONFORMING AMENDMENTS.— 

13 (1) ETHICS IN GOVERNMENT ACT OF 1978.— 

14 The Ethics in Government Act of 1978 (5 U.S.C. 

15 App.) is amended— 

16 (A) in section 101(f)— 

17 (i) in paragraph (9), by striking ‘‘sec18 tion 109(12)’’ and inserting ‘‘section 

19 109(15)’’; 

20 (ii) in paragraph (10), by striking 

21 ‘‘section 109(13)’’ and inserting ‘‘section 

22 109(16)’’; 

23 (iii) in paragraph (11), by striking 

24 ‘‘section 109(10)’’ and inserting ‘‘section 

25 109(13)’’; and 


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1 (iv) in paragraph (12), by striking 

2 ‘‘section 109(8)’’ and inserting ‘‘section 

3 109(11)’’; 

4 (B) in section 103(l)— 

5 (i) in paragraph (9), by striking ‘‘sec6 tion 109(12)’’ and inserting ‘‘section 

7 109(15)’’; and 

8 (ii) in paragraph (10), by striking 

9 ‘‘section 109(13)’’ and inserting ‘‘section 

10 109(16)’’; and 

11 (C) in section 105(b)(3)(A), by striking 

12 ‘‘section 109(8) or 109(10)’’ and inserting ‘‘sec13 tion 109(11) or 109(13)’’. 

14 (2) LOBBYING DISCLOSURE ACT OF 1995.—Sec15 tion 3(4)(D) of the Lobbying Disclosure Act of 1995 

16 (2 U.S.C. 1602(4)(D)) is amended by striking ‘‘sec17 tion 109(13)’’ and inserting ‘‘section 109(16)’’. 

18 (3) SECURITIES EXCHANGE ACT OF 1934.—Sec19 tion 21A of the Securities Exchange Act of 1934 (15 

20 U.S.C. 78u–1) is amended— 

21 (A) in subsection (g)(2)(B)(ii), by striking 

22 ‘‘section 109(11) of the Ethics in Government 

23 Act of 1978 (5 U.S.C. App. 109(11)))’’ and in24 serting ‘‘section 109 of the Ethics in Govern25 ment Act of 1978 (5 U.S.C. App.))’’; and 


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1 (B) in subsection (h)(2)— 

2 (i) in subparagraph (B), by striking 

3 ‘‘section 109(8) of the Ethics in Govern4 ment Act of 1978 (5 U.S.C. App. 109(8))’’ 

5 and inserting ‘‘section 109 of the Ethics in 

6 Government Act of 1978 (5 U.S.C. App.)’’; 

7 and 

8 (ii) in subparagraph (C), by striking 

9 ‘‘section 109(10) of the Ethics in Govern10 ment Act of 1978 (5 U.S.C. App. 

11 109(10))’’ and inserting ‘‘section 109 of 

12 the Ethics in Government Act of 1978 (5 

13 U.S.C. App.)’’. 

14 (4) PUBLIC HEALTH SERVICE ACT.—Section 

15 499(j)(2) of the Public Health Service Act (42 

16 U.S.C. 290b(j)(2)) is amended by striking ‘‘section 

17 109(16) of the Ethics in Government Act of 1978’’ 

18 and inserting ‘‘section 109 of the Ethics in Govern19 ment Act of 1978 (5 U.S.C. App.)’’. 

20 Subtitle F—Transition Team Ethics 

21 SEC. 8501. SHORT TITLE. 

22 This subtitle may be cited as the ‘‘Transition Team 

23 Ethics Improvement Act’’. 


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1 SEC. 8502. PRESIDENTIAL TRANSITION ETHICS PROGRAMS. 

2 The Presidential Transition Act of 1963 (3 U.S.C. 

3 102 note) is amended— 

4 (1) in section 3(f), by adding at the end the fol5 lowing: 

6 ‘‘(3) Not later than 10 days after submitting an ap7 plication for a security clearance for any individual, and 

8 not later than 10 days after any such individual is granted 

9 a security clearance (including an interim clearance), each 

10 eligible candidate (as that term is defined in subsection 

11 (h)(4)(A)) or the President-elect (as the case may be) shall 

12 submit a report containing the name of such individual 

13 to the Committee on Oversight and Reform of the House 

14 of Representatives and the Committee on Homeland Secu15 rity and Governmental Affairs of the Senate.’’; 

16 (2) in section 4— 

17 (A) in subsection (a)— 

18 (i) in paragraph (3), by striking 

19 ‘‘and’’ at the end; 

20 (ii) by redesignating paragraph (4) as 

21 paragraph (5); and 

22 (iii) by inserting after paragraph (3) 

23 the following: 

24 ‘‘(4) the term ‘nonpublic information’— 

25 ‘‘(A) means information from the Federal 

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1 tains as part of the employment of such mem2 ber that the member knows or reasonably 

3 should know has not been made available to the 

4 general public; and 

5 ‘‘(B) includes information that has not 

6 been released to the public that a transition 

7 team member knows or reasonably should 

8 know— 

9 ‘‘(i) is exempt from disclosure under 

10 section 552 of title 5, United States Code, 

11 or otherwise protected from disclosure by 

12 law; and 

13 ‘‘(ii) is not authorized by the appro14 priate agency or official to be released to 

15 the public; and’’; and 

16 (B) in subsection (g)— 

17 (i) in paragraph (1), by striking ‘‘No18 vember’’ and inserting ‘‘October’’; and 

19 (ii) by adding at the end the fol20 lowing: 

21 ‘‘(3) ETHICS PLAN.— 

22 ‘‘(A) IN GENERAL.—Each memorandum of 

23 understanding under paragraph (1) shall in24 clude an agreement that the eligible candidate 

25 will implement and enforce an ethics plan to 


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1 guide the conduct of the transition beginning on 

2 the date on which the eligible candidate be3 comes the President-elect. 

4 ‘‘(B) CONTENTS.—The ethics plan shall 

5 include, at a minimum— 

6 ‘‘(i) a description of the ethics re7 quirements that will apply to all transition 

8 team members, including specific require9 ments for transition team members who 

10 will have access to nonpublic or classified 

11 information; 

12 ‘‘(ii) a description of how the transi13 tion team will— 

14 ‘‘(I) address the role on the tran15 sition team of— 

16 ‘‘(aa) registered lobbyists 

17 under the Lobbying Disclosure 

18 Act of 1995 (2 U.S.C. 1601 et 

19 seq.) and individuals who were 

20 formerly registered lobbyists 

21 under that Act; 

22 ‘‘(bb) persons registered 

23 under the Foreign Agents Reg24 istration Act, as amended (22 

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1 tionals, and other foreign agents; 

2 and 

3 ‘‘(cc) transition team mem4 bers with sources of income or 

5 clients that are not disclosed to 

6 the public; 

7 ‘‘(II) prohibit a transition team 

8 member with personal financial con9 flicts of interest as described in sec10 tion 208 of title 18, United States 

11 Code, from working on particular 

12 matters involving specific parties that 

13 affect the interests of such member; 

14 and 

15 ‘‘(III) address how the covered 

16 eligible candidate will address their 

17 own personal financial conflicts of in18 terest during a Presidential term if 

19 the covered eligible candidate becomes 

20 the President-elect; 

21 ‘‘(iii) a Code of Ethical Conduct, 

22 which each transition team member will 

23 sign and to which each transition team 

24 member will be subject to, that reflects the 

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1 graph and at a minimum requires each 

2 transition team member to— 

3 ‘‘(I) seek authorization from 

4 transition team leaders or their des5 ignees before seeking, on behalf of the 

6 transition, access to any nonpublic in7 formation; 

8 ‘‘(II) keep confidential any non9 public information provided in the 

10 course of the duties of the member 

11 with the transition and exclusively use 

12 such information for the purposes of 

13 the transition; and 

14 ‘‘(III) not use any nonpublic in15 formation provided in the course of 

16 transition duties, in any manner, for 

17 personal or private gain for the mem18 ber or any other party at any time 

19 during or after the transition; and 

20 ‘‘(iv) a description of how the transi21 tion team will enforce the Code of Ethical 

22 Conduct, including the names of the tran23 sition team members responsible for en24 forcement, oversight, and compliance. 


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1 ‘‘(C) PUBLICLY AVAILABLE.—The transi2 tion team shall make the ethics plan described 

3 in this paragraph publicly available on the 

4 website of the General Services Administration 

5 the earlier of— 

6 ‘‘(i) the day on which the memo7 randum of understanding is completed; or 

8 ‘‘(ii) October 1.’’; and 

9 (3) in section 6(b)— 

10 (A) in paragraph (1)— 

11 (i) in subparagraph (A), by striking 

12 ‘‘and’’ at the end; 

13 (ii) in subparagraph (B), by striking 

14 the period at the end and inserting a semi15 colon; and 

16 (iii) by adding at the end the fol17 lowing: 

18 ‘‘(C) a list of all positions each transition team 

19 member has held outside the Federal Government 

20 for the previous 12-month period, including paid and 

21 unpaid positions; 

22 ‘‘(D) sources of compensation for each transi23 tion team member exceeding $5,000 a year for the 

24 previous 12-month period; 


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1 ‘‘(E) a description of the role of each transition 

2 team member, including a list of any policy issues 

3 that the member expects to work on, and a list of 

4 agencies the member expects to interact with, while 

5 serving on the transition team; 

6 ‘‘(F) a list of any issues from which each tran7 sition team member will be recused while serving as 

8 a member of the transition team pursuant to the 

9 transition team ethics plan described in section 

10 4(g)(3); and 

11 ‘‘(G) an affirmation that no transition team 

12 member has a financial conflict of interest that pre13 cludes the member from working on the matters de14 scribed in subparagraph (E).’’; 

15 (B) in paragraph (2), by inserting ‘‘not 

16 later than 2 business days’’ after ‘‘public’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(3) The head of a Federal department or agency, 

19 or their designee, shall not permit access to the Federal 

20 department or agency, or employees of such department 

21 or agency, that would not be provided to a member of the 

22 public for any transition team member with respect to 

23 whom the disclosures listed under paragraph (1) are not 

24 made.’’. 


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1 Subtitle G—Ethics Pledge for Sen2 ior Executive Branch Employees 

3 SEC. 8601. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Ethics in Public 

5 Service Act’’. 

6 SEC. 8602. ETHICS PLEDGE REQUIREMENT FOR SENIOR EX7 ECUTIVE BRANCH EMPLOYEES. 

8 The Ethics in Government Act of 1978 (5 U.S.C. 

9 App. 101 et seq.) is amended by inserting after title I the 

10 following new title: 

11 ‘‘TITLE II—ETHICS PLEDGE 

12 ‘‘SEC. 201. DEFINITIONS. 

13 ‘‘For the purposes of this title: 

14 ‘‘(1) The term ‘Administration’ means all terms 

15 of office of the incumbent President serving at the 

16 time of the appointment of an appointee covered by 

17 this title. 

18 ‘‘(2) The term ‘appointee’— 

19 ‘‘(A) means any noncareer Presidential or 

20 Vice-Presidential appointee, noncareer ap21 pointee in the Senior Executive Service (or 

22 other comparable system for senior-level Gov23 ernment employees), or appointee to a position 

24 that has been excepted from the competitive 

25 service by reason of being of a confidential or 


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1 policymaking character (Schedule C and other 

2 positions excepted under comparable criteria) in 

3 an executive agency; and 

4 ‘‘(B) does not include any individual ap5 pointed as a member of the Senior Foreign 

6 Service or solely as a commissioned officer of a 

7 uniformed service. 

8 ‘‘(3) The term ‘covered executive branch offi9 cial’ and ‘lobbyist’ have the meanings given those 

10 terms in section 3 of the Lobbying Disclosure Act of 

11 1995 (2 U.S.C. 1602). 

12 ‘‘(4) The term ‘directly and substantially re13 lated to my former employer or former clients’ 

14 means matters in which the appointee’s former em15 ployer or a former client is a party or represents a 

16 party. 

17 ‘‘(5) The term ‘executive agency’— 

18 ‘‘(A) has the meaning given that term in 

19 section 105 of title 5, United States Code; 

20 ‘‘(B) includes the Executive Office of the 

21 President, the United States Postal Service, 

22 and Postal Regulatory Commission; and 

23 ‘‘(C) does not include the Government Ac24 countability Office. 

25 ‘‘(6) The term ‘former client’— 


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1 ‘‘(A) means a person or entity for whom 

2 an appointee served personally as agent, attor3 ney, or consultant during the 2-year period end4 ing on the day before the date on which the 

5 covered employee begins service in the Federal 

6 Government; and 

7 ‘‘(B) does not include an agency or instru8 mentality of the Federal Government. 

9 ‘‘(7) The term ‘former employer’— 

10 ‘‘(A) means a person or entity for whom 

11 an appointee served as an employee, officer, di12 rector, trustee, partner, agent, attorney, con13 sultant, or contractor during the 2-year period 

14 ending on the date before the date on which the 

15 covered employee begins service in the Federal 

16 Government; and 

17 ‘‘(B) does not include— 

18 ‘‘(i) an agency or instrumentality of 

19 the Federal Government; 

20 ‘‘(ii) a State or local government; 

21 ‘‘(iii) the District of Columbia; 

22 ‘‘(iv) an Indian tribe, as defined in 

23 section 4 of the Indian Self-Determination 

24 and Education Assistance Act (25 U.S.C. 

25 5304); or 


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1 ‘‘(v) the government of a territory or 

2 possession of the United States. 

3 ‘‘(8) The term ‘gift’— 

4 ‘‘(A) has the meaning given that term in 

5 section 2635.203(b) of title 5, Code of Federal 

6 Regulations (or any successor regulation); and 

7 ‘‘(B) does not include those items excluded 

8 by sections 2635.204(b), (c), (e)(1), (e)(3), (j), 

9 (k), and (l) of such title 5. 

10 ‘‘(9) The term ‘Government official’ means any 

11 employee of the executive branch. 

12 ‘‘(10) The term ‘lobby’ and ‘lobbied’ mean to 

13 act or have acted as a registered lobbyist. 

14 ‘‘(11) The term ‘participate’ means to partici15 pate personally and substantially. 

16 ‘‘(12) The term ‘pledge’ means the ethics 

17 pledge set forth in section 202 of this title. 

18 ‘‘(13) The term ‘post-employment restrictions’ 

19 includes the provisions and exceptions in section 

20 207(c) of title 18, United States Code, and the im21 plementing regulations. 

22 ‘‘(14) The term ‘registered lobbyist or lobbying 

23 organization’ means a lobbyist or an organization fil24 ing a registration pursuant to section 4(a) of the 

25 Lobbying Disclosure Act of 1995 (2 U.S.C. 


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1 1603(a)), and in the case of an organization filing 

2 such a registration, ‘registered lobbyist’ includes 

3 each of the lobbyists identified therein. 

4 ‘‘(15) All references to provisions of law and 

5 regulations shall refer to such provisions as in effect 

6 on the date of enactment of this title. 

7 ‘‘SEC. 202. ETHICS PLEDGE. 

8 ‘‘Each appointee in every executive agency appointed 

9 on or after the date of enactment of this title shall be 

10 required to sign an ethics pledge upon appointment. The 

11 pledge shall be signed and dated within 30 days of taking 

12 office and shall include, at a minimum, the following ele13 ments: 

14 ‘‘ ‘As a condition, and in consideration, of my employ15 ment in the United States Government in a position in16 vested with the public trust, I commit myself to the fol17 lowing obligations, which I understand are binding on me 

18 and are enforceable under law: 

19 ‘‘ ‘(1) Lobbyist Gift Ban.—I will not accept 

20 gifts from registered lobbyists or lobbying organiza21 tions for the duration of my service as an appointee. 

22 ‘‘ ‘(2) Revolving Door Ban; Entering Govern23 ment.— 

24 ‘‘ ‘(A) All Appointees Entering Govern25 ment.—I will not, for a period of 2 years from 


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1 the date of my appointment, participate in any 

2 particular matter involving specific party or 

3 parties that is directly and substantially related 

4 to my former employer or former clients, in5 cluding regulations and contracts. 

6 ‘‘ ‘(B) Lobbyists Entering Government.—If 

7 I was a registered lobbyist within the 2 years 

8 before the date of my appointment, in addition 

9 to abiding by the limitations of subparagraph 

10 (A), I will not for a period of 2 years after the 

11 date of my appointment— 

12 ‘‘ ‘(i) participate in any particular 

13 matter on which I lobbied within the 2 

14 years before the date of my appointment; 

15 ‘‘ ‘(ii) participate in the specific issue 

16 area in which that particular matter falls; 

17 or 

18 ‘‘ ‘(iii) seek or accept employment with 

19 any executive agency that I lobbied within 

20 the 2 years before the date of my appoint21 ment. 

22 ‘‘ ‘(3) Revolving Door Ban; Appointees Leaving 

23 Government.— 

24 ‘‘ ‘(A) All Appointees Leaving Govern25 ment.—If, upon my departure from the GovernVerDate Sep 11 2014 04:10 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00656 Fmt 6652 Sfmt 6201 E:\BILLS\S949.IS S949

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1 ment, I am covered by the post-employment re2 strictions on communicating with employees of 

3 my former executive agency set forth in section 

4 207(c) of title 18, United States Code, I agree 

5 that I will abide by those restrictions for a pe6 riod of 2 years following the end of my appoint7 ment. 

8 ‘‘ ‘(B) Appointees Leaving Government to 

9 Lobby.—In addition to abiding by the limita10 tions of subparagraph (A), I also agree, upon 

11 leaving Government service, not to lobby any 

12 covered executive branch official or noncareer 

13 Senior Executive Service appointee for the re14 mainder of the Administration. 

15 ‘‘ ‘(4) Employment Qualification Commit16 ment.—I agree that any hiring or other employment 

17 decisions I make will be based on the candidate’s 

18 qualifications, competence, and experience. 

19 ‘‘ ‘(5) Assent to Enforcement.—I acknowledge 

20 that title II of the Ethics in Government Act of 

21 1978, which I have read before signing this docu22 ment, defines certain of the terms applicable to the 

23 foregoing obligations and sets forth the methods for 

24 enforcing them. I expressly accept the provisions of 

25 that title as a part of this agreement and as binding 


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1 on me. I understand that the terms of this pledge 

2 are in addition to any statutory or other legal re3 strictions applicable to me by virtue of Federal Gov4 ernment service.’. 

5 ‘‘SEC. 203. WAIVER. 

6 ‘‘(a) The President or the President’s designee may 

7 grant to any current or former appointee a written waiver 

8 of any restrictions contained in the pledge signed by such 

9 appointee if, and to the extent that, the President or the 

10 President’s designee certifies (in writing) that, in light of 

11 all the relevant circumstances, the interest of the Federal 

12 Government in the employee’s participation outweighs the 

13 concern that a reasonable person may question the integ14 rity of the agency’s programs or operations. 

15 ‘‘(b) Any waiver under this section shall take effect 

16 when the certification is signed by the President or the 

17 President’s designee. 

18 ‘‘(c) For purposes of subsection (a), the public inter19 est shall include exigent circumstances relating to national 

20 security or to the economy. De minimis contact with an 

21 executive agency shall be cause for a waiver of the restric22 tions contained in paragraph (2)(B) of the pledge. 

23 ‘‘(d) For any waiver granted under this section, the 

24 individual who granted the waiver shall— 


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1 ‘‘(1) provide a copy of the waiver to the Direc2 tor of the Office of Government Ethics not later 

3 than 48 hours after the waiver is granted; and 

4 ‘‘(2) publish the waiver on the website of the 

5 applicable agency within 30 calendar days after 

6 granting such waiver. 

7 ‘‘(e) Upon receiving a written waiver under sub8 section (d), the Director of the Office of Government Eth9 ics shall— 

10 ‘‘(1) review the waiver to determine whether the 

11 Director has any objection to the issuance of the 

12 waiver; and 

13 ‘‘(2) if the Director so objects— 

14 ‘‘(A) provide reasons for the objection in 

15 writing to the individual who granted the waiver 

16 not less than 15 calendar days after the waiver 

17 was granted; and 

18 ‘‘(B) publish the written objection on the 

19 website of the Office of Government Ethics not 

20 less than 30 calendar days after the waiver was 

21 granted. 

22 ‘‘SEC. 204. ADMINISTRATION. 

23 ‘‘(a) The head of each executive agency shall, in con24 sultation with the Director of the Office of Government 

25 Ethics, establish such rules or procedures (conforming as 


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1 nearly as practicable to the agency’s general ethics rules 

2 and procedures, including those relating to designated 

3 agency ethics officers) as are necessary or appropriate to 

4 ensure— 

5 ‘‘(1) that every appointee in the agency signs 

6 the pledge upon assuming the appointed office or 

7 otherwise becoming an appointee; 

8 ‘‘(2) that compliance with paragraph (2)(B) of 

9 the pledge is addressed in a written ethics agree10 ment with each appointee to whom it applies; 

11 ‘‘(3) that spousal employment issues and other 

12 conflicts not expressly addressed by the pledge are 

13 addressed in ethics agreements with appointees or, 

14 where no such agreements are required, through eth15 ics counseling; and 

16 ‘‘(4) compliance with this title within the agen17 cy. 

18 ‘‘(b) With respect to the Executive Office of the 

19 President, the duties set forth in subsection (a) shall be 

20 the responsibility of the Counsel to the President. 

21 ‘‘(c) The Director of the Office of Government Ethics 

22 shall— 

23 ‘‘(1) ensure that the pledge and a copy of this 

24 title are made available for use by agencies in ful25 filling their duties under subsection (a); 


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1 ‘‘(2) in consultation with the Attorney General 

2 or the Counsel to the President, when appropriate, 

3 assist designated agency ethics officers in providing 

4 advice to current or former appointees regarding the 

5 application of the pledge; 

6 ‘‘(3) adopt such rules or procedures as are nec7 essary or appropriate— 

8 ‘‘(A) to carry out the responsibilities as9 signed by this subsection; 

10 ‘‘(B) to apply the lobbyist gift ban set 

11 forth in paragraph 1 of the pledge to all execu12 tive branch employees; 

13 ‘‘(C) to authorize limited exceptions to the 

14 lobbyist gift ban for circumstances that do not 

15 implicate the purposes of the ban; 

16 ‘‘(D) to make clear that no person shall 

17 have violated the lobbyist gift ban if the person 

18 properly disposes of a gift; 

19 ‘‘(E) to ensure that rules and procedures 

20 for Government employees engaged in negotia21 tions for future employment with private busi22 nesses that are affected by their official actions 

23 do not affect the integrity of the Government’s 

24 programs and operations; and 


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1 ‘‘(F) to ensure, in consultation with the 

2 Director of the Office of Personnel Manage3 ment, that the requirement set forth in para4 graph 4 of the pledge is honored by every em5 ployee of the executive branch; 

6 ‘‘(4) in consultation with the Director of the 

7 Office of Management and Budget, report to the 

8 President, the Committee on Oversight and Reform 

9 of the House of Representatives, and the Committee 

10 on Homeland Security and Governmental Affairs of 

11 the Senate on— 

12 ‘‘(A) whether full compliance is being 

13 achieved with laws and regulations governing 

14 executive branch procurement lobbying disclo15 sure; 

16 ‘‘(B) steps the executive branch can take 

17 to expand to the fullest extent practicable dis18 closure of such executive branch procurement 

19 lobbying and of lobbying for Presidential par20 dons; and 

21 ‘‘(C) immediate action the executive 

22 branch can take and, if necessary, recommenda23 tions for legislation; and 

24 ‘‘(5) provide an annual public report on the ad25 ministration of the pledge and this title. 


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1 ‘‘(d) All pledges signed by appointees, and all waiver 

2 certifications with respect thereto, shall be filed with the 

3 head of the appointee’s agency for permanent retention 

4 in the appointee’s official personnel folder or equivalent 

5 folder.’’. 

6 Subtitle H—Travel on Private Air7 craft by Senior Political Ap8 pointees 

9 SEC. 8701. SHORT TITLE. 

10 This subtitle may be cited as the ‘‘Stop Waste And 

11 Misuse by Presidential Flyers Landing Yet Evading Rules 

12 and Standards Act’’ or the ‘‘SWAMP FLYERS Act’’. 

13 SEC. 8702. PROHIBITION ON USE OF FUNDS FOR TRAVEL 

14 ON PRIVATE AIRCRAFT. 

15 (a) IN GENERAL.—On and after the date of enact16 ment of this Act, no Federal funds appropriated or other17 wise made available in any fiscal year may be used to pay 

18 the travel expenses of any senior political appointee for 

19 travel on official business on a non-commercial, private, 

20 or chartered flight. 

21 (b) EXCEPTIONS.—The limitation in subsection (a) 

22 shall not apply— 

23 (1) if no commercial flight was available for the 

24 travel in question, consistent with subsection (c); or 


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1 (2) to any travel on aircraft owned or leased by 

2 the Government. 

3 (c) CERTIFICATION.— 

4 (1) IN GENERAL.—Any senior political ap5 pointee who travels on a non-commercial, private, or 

6 chartered flight under the exception under sub7 section (b)(1) shall, not later than 30 days after the 

8 date of such travel, submit a written statement to 

9 Congress certifying that no commercial flight was 

10 available. 

11 (2) PENALTY.—Any statement submitted under 

12 paragraph (1) shall be considered a statement for 

13 purposes of applying section 1001 of title 18, United 

14 States Code. 

15 (d) DEFINITION OF SENIOR POLITICAL AP16 POINTEE.—In this subtitle, the term ‘‘senior political ap17 pointee’’ means any individual occupying— 

18 (1) a position listed under the Executive Sched19 ule (subchapter II of chapter 53 of title 5, United 

20 States Code); 

21 (2) a Senior Executive Service position that is 

22 not a career appointee as defined under section 

23 3132(a)(4) of such title; or 


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1 (3) a position of a confidential or policy-deter2 mining character under schedule C of subpart C of 

3 part 213 of title 5, Code of Federal Regulations. 

4 Subtitle I—Severability 

5 SEC. 8801. SEVERABILITY. 

6 If any provision of this title or any amendment made 

7 by this title, or any application of such provision or 

8 amendment to any person or circumstance, is held to be 

9 unconstitutional, the remainder of the provisions of this 

10 title and the amendments made by this title, and the appli11 cation of the provision or amendment to any other person 

12 or circumstance, shall not be affected. 


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1 TITLE IX—CONGRESSIONAL 

2 ETHICS REFORM 

3 Subtitle A—Requiring Members of 

4 Congress To Reimburse Treas5 ury for Amounts Paid as Settle6 ments and Awards Under Con7 gressional Accountability Act of 

8 1995 

9 SEC. 9001. REQUIRING MEMBERS OF CONGRESS TO REIM10 BURSE TREASURY FOR AMOUNTS PAID AS 

11 SETTLEMENTS AND AWARDS UNDER CON12 GRESSIONAL ACCOUNTABILITY ACT OF 1995 

13 IN ALL CASES OF EMPLOYMENT DISCRIMINA14 TION ACTS BY MEMBERS. 

15 (a) REQUIRING REIMBURSEMENT.—Clause (i) of sec16 tion 415(d)(1)(C) of the Congressional Accountability Act 

17 of 1995 (2 U.S.C. 1415(d)(1)(C)), as amended by section 

18 111(a) of the Congressional Accountability Act of 1995 

19 Reform Act (Public Law 115–397), is amended to read 

20 as follows: 

21 ‘‘(i) a violation of section 201(a) or 

22 section 206(a); or’’. 

23 (b) CONFORMING AMENDMENT RELATING TO NOTI24 FICATION OF POSSIBILITY OF REIMBURSEMENT.—Clause 

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1 ability Act of 1995 (2 U.S.C. 1402(b)(2)(B)), as amended 

2 by section 102(a) of the Congressional Accountability Act 

3 of 1995 Reform Act (Public Law 115–397), is amended 

4 to read as follows: 

5 ‘‘(i) a violation of section 201(a) or 

6 section 206(a); or’’. 

7 (c) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect as if enacted as part of the 

9 Congressional Accountability Act of 1995 Reform Act 

10 (Public Law 115–397). 

11 Subtitle B—Conflicts of Interests 

12 SEC. 9101. CONFLICT OF INTEREST RULES FOR MEMBERS 

13 OF CONGRESS AND CONGRESSIONAL STAFF. 

14 (a) SERVICE ON FOR-PROFIT COMPANY BOARDS.— 

15 Paragraph 6(a) of rule XXXVII of the Standing Rules 

16 of the Senate is amended— 

17 (1) in clause (1), by adding ‘‘or’’ at the end; 

18 (2) in clause (2), by striking ‘‘; or’’ and insert19 ing a period; and 

20 (3) by striking clause (3). 

21 (b) USE OF OFFICIAL POSITION.—No Member or of22 ficer of either House of Congress or employee of a com23 mittee or Member of either House of Congress may know24 ingly use his or her official position to introduce or aid 

25 the progress or passage of legislation, a principal purpose 


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1 of which is to further only his or her pecuniary interest, 

2 only the pecuniary interest of his or her immediate family, 

3 or only the pecuniary interest of a limited class of persons 

4 or enterprises, when he or she, or his or her immediate 

5 family, or enterprises controlled by them, are members of 

6 the affected class. 

7 (c) EXERCISE OF RULEMAKING POWERS.—The pro8 visions of this section are enacted by the Congress— 

9 (1) as an exercise of the rulemaking power of 

10 the House of Representatives and the Senate, re11 spectively, and as such they shall be considered as 

12 part of the rules of each House, respectively, or of 

13 that House to which they specifically apply, and 

14 such rules shall supersede other rules only to the ex15 tent that they are inconsistent therewith; and 

16 (2) with full recognition of the constitutional 

17 right of either House to change such rules (so far 

18 as relating to such House) at any time, in the same 

19 manner, and to the same extent as in the case of 

20 any other rule of such House. 


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1 Subtitle C—Campaign Finance and 

2 Lobbying Disclosure 

3 SEC. 9201. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Connecting Lobby5 ists and Electeds for Accountability and Reform Act’’ or 

6 the ‘‘CLEAR Act’’. 

7 SEC. 9202. REQUIRING DISCLOSURE IN CERTAIN REPORTS 

8 FILED WITH FEDERAL ELECTION COMMIS9 SION OF PERSONS WHO ARE REGISTERED 

10 LOBBYISTS. 

11 (a) REPORTS FILED BY POLITICAL COMMITTEES.— 

12 Section 304(b) of the Federal Election Campaign Act of 

13 1971 (52 U.S.C. 30104(b)) is amended— 

14 (1) by striking ‘‘and’’ at the end of paragraph 

15 (7); 

16 (2) by striking the period at the end of para17 graph (8) and inserting ‘‘; and’’; and 

18 (3) by adding at the end the following new 

19 paragraph: 

20 ‘‘(9) if any person identified in subparagraph 

21 (A), (E), (F), or (G) of paragraph (3) is a registered 

22 lobbyist under the Lobbying Disclosure Act of 1995, 

23 a separate statement that such person is a reg24 istered lobbyist under such Act.’’. 


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1 (b) REPORTS FILED BY PERSONS MAKING INDE2 PENDENT EXPENDITURES.—Section 304(c)(2) of such 

3 Act (52 U.S.C. 30104(c)(2)) is amended— 

4 (1) by striking ‘‘and’’ at the end of subpara5 graph (B); 

6 (2) by striking the period at the end of sub7 paragraph (C) and inserting ‘‘; and’’; and 

8 (3) by adding at the end the following new sub9 paragraph: 

10 ‘‘(D) if the person filing the statement, or a 

11 person whose identification is required to be dis12 closed under subparagraph (C), is a registered lob13 byist under the Lobbying Disclosure Act of 1995, a 

14 separate statement that such person is a registered 

15 lobbyist under such Act.’’. 

16 (c) REPORTS FILED BY PERSONS MAKING DIS17 BURSEMENTS FOR ELECTIONEERING COMMUNICA18 TIONS.—Section 304(f)(2) of such Act (52 U.S.C. 

19 30104(f)(2)) is amended by adding at the end the fol20 lowing new subparagraph: 

21 ‘‘(G) If the person making the disburse22 ment, or a contributor described in subpara23 graph (E) or (F), is a registered lobbyist under 

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1 rate statement that such person or contributor 

2 is a registered lobbyist under such Act.’’. 

3 (d) REQUIRING COMMISSION TO ESTABLISH LINK TO

4 WEBSITES OF CLERK OF HOUSE AND SECRETARY OF

5 SENATE.—Section 304 of such Act (52 U.S.C. 30104), 

6 as amended by section 4208(a), is amended by adding at 

7 the end the following new subsection: 

8 ‘‘(k) REQUIRING INFORMATION ON REGISTERED

9 LOBBYISTS TO BE LINKED TO WEBSITES OF CLERK OF

10 HOUSE AND SECRETARY OF SENATE.— 

11 ‘‘(1) LINKS TO WEBSITES.—The Commission 

12 shall ensure that the Commission’s public database 

13 containing information described in paragraph (2) is 

14 linked electronically to the websites maintained by 

15 the Secretary of the Senate and the Clerk of the 

16 House of Representatives containing information 

17 filed pursuant to the Lobbying Disclosure Act of 

18 1995. 

19 ‘‘(2) INFORMATION DESCRIBED.—The informa20 tion described in this paragraph is each of the fol21 lowing: 

22 ‘‘(A) Information disclosed under para23 graph (9) of subsection (b). 

24 ‘‘(B) Information disclosed under subpara25 graph (D) of subsection (c)(2). 


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1 ‘‘(C) Information disclosed under subpara2 graph (G) of subsection (f)(2).’’. 

3 SEC. 9203. EFFECTIVE DATE. 

4 The amendments made by this subtitle shall apply 

5 with respect to reports required to be filed under the Fed6 eral Election Campaign Act of 1971 on or after the expira7 tion of the 90-day period which begins on the date of the 

8 enactment of this Act. 

9 Subtitle D—Access to 

10 Congressionally Mandated Reports 

11 SEC. 9301. SHORT TITLE. 

12 This subtitle may be cited as the ‘‘Access to Congres13 sionally Mandated Reports Act’’. 

14 SEC. 9302. DEFINITIONS. 

15 In this subtitle: 

16 (1) CONGRESSIONALLY MANDATED REPORT.— 

17 The term ‘‘congressionally mandated report’’— 

18 (A) means a report that is required to be 

19 submitted to either House of Congress or any 

20 committee of Congress, or subcommittee there21 of, by a statute, resolution, or conference report 

22 that accompanies legislation enacted into law; 

23 and 


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1 (B) does not include a report required 

2 under part B of subtitle II of title 36, United 

3 States Code. 

4 (2) DIRECTOR.—The term ‘‘Director’’ means 

5 the Director of the Government Publishing Office. 

6 (3) FEDERAL AGENCY.—The term ‘‘Federal 

7 agency’’ has the meaning given that term under sec8 tion 102 of title 40, United States Code, but does 

9 not include the Government Accountability Office. 

10 (4) OPEN FORMAT.—The term ‘‘open format’’ 

11 means a file format for storing digital data based on 

12 an underlying open standard that— 

13 (A) is not encumbered by any restrictions 

14 that would impede reuse; and 

15 (B) is based on an underlying open data 

16 standard that is maintained by a standards or17 ganization. 

18 (5) REPORTS ONLINE PORTAL.—The term ‘‘re19 ports online portal’’ means the online portal estab20 lished under section 9303(a). 

21 SEC. 9303. ESTABLISHMENT OF ONLINE PORTAL FOR CON22 GRESSIONALLY MANDATED REPORTS. 

23 (a) REQUIREMENT TO ESTABLISH ONLINE POR24 TAL.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this Act, the Director shall 

3 establish and maintain an online portal accessible by 

4 the public that allows the public to obtain electronic 

5 copies of all congressionally mandated reports in one 

6 place. The Director may publish other reports on the 

7 online portal. 

8 (2) EXISTING FUNCTIONALITY.—To the extent 

9 possible, the Director shall meet the requirements 

10 under paragraph (1) by using existing online portals 

11 and functionality under the authority of the Direc12 tor. 

13 (3) CONSULTATION.—In carrying out this sub14 title, the Director shall consult with the Clerk of the 

15 House of Representatives, the Secretary of the Sen16 ate, and the Librarian of Congress regarding the re17 quirements for and maintenance of congressionally 

18 mandated reports on the reports online portal. 

19 (b) CONTENT AND FUNCTION.—The Director shall 

20 ensure that the reports online portal includes the fol21 lowing: 

22 (1) Subject to subsection (c), with respect to 

23 each congressionally mandated report, each of the 

24 following: 


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1 (A) A citation to the statute, conference 

2 report, or resolution requiring the report. 

3 (B) An electronic copy of the report, in4 cluding any transmittal letter associated with 

5 the report, in an open format that is platform 

6 independent and that is available to the public 

7 without restrictions, including restrictions that 

8 would impede the re-use of the information in 

9 the report. 

10 (C) The ability to retrieve a report, to the 

11 extent practicable, through searches based on 

12 each, and any combination, of the following: 

13 (i) The title of the report. 

14 (ii) The reporting Federal agency. 

15 (iii) The date of publication. 

16 (iv) Each congressional committee re17 ceiving the report, if applicable. 

18 (v) The statute, resolution, or con19 ference report requiring the report. 

20 (vi) Subject tags. 

21 (vii) A unique alphanumeric identifier 

22 for the report that is consistent across re23 port editions. 

24 (viii) The serial number, Super25 intendent of Documents number, or other 


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1 identification number for the report, if ap2 plicable. 

3 (ix) Key words. 

4 (x) Full text search. 

5 (xi) Any other relevant information 

6 specified by the Director. 

7 (D) The date on which the report was re8 quired to be submitted, and on which the report 

9 was submitted, to the reports online portal. 

10 (E) Access to the report not later than 30 

11 calendar days after its submission to Congress. 

12 (F) To the extent practicable, a permanent 

13 means of accessing the report electronically. 

14 (2) A means for bulk download of all congres15 sionally mandated reports. 

16 (3) A means for downloading individual reports 

17 as the result of a search. 

18 (4) An electronic means for the head of each 

19 Federal agency to submit to the reports online por20 tal each congressionally mandated report of the 

21 agency, as required by section 9304. 

22 (5) In tabular form, a list of all congressionally 

23 mandated reports that can be searched, sorted, and 

24 downloaded by— 


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1 (A) reports submitted within the required 

2 time; 

3 (B) reports submitted after the date on 

4 which such reports were required to be sub5 mitted; and 

6 (C) reports not submitted. 

7 (c) NONCOMPLIANCE BY FEDERAL AGENCIES.— 

8 (1) REPORTS NOT SUBMITTED.—If a Federal 

9 agency does not submit a congressionally mandated 

10 report to the Director, the Director shall to the ex11 tent practicable— 

12 (A) include on the reports online portal— 

13 (i) the information required under 

14 clauses (i), (ii), (iv), and (v) of subsection 

15 (b)(1)(C); and 

16 (ii) the date on which the report was 

17 required to be submitted; and 

18 (B) include the congressionally mandated 

19 report on the list described in subsection 

20 (b)(5)(C). 

21 (2) REPORTS NOT IN OPEN FORMAT.—If a Fed22 eral agency submits a congressionally mandated re23 port that is not in an open format, the Director shall 

24 include the congressionally mandated report in an25 other format on the reports online portal. 


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1 (d) FREE ACCESS.—The Director may not charge a 

2 fee, require registration, or impose any other limitation 

3 in exchange for access to the reports online portal. 

4 (e) UPGRADE CAPABILITY.—The reports online por5 tal shall be enhanced and updated as necessary to carry 

6 out the purposes of this subtitle. 

7 SEC. 9304. FEDERAL AGENCY RESPONSIBILITIES. 

8 (a) SUBMISSION OF ELECTRONIC COPIES OF RE9 PORTS.—Concurrently with the submission to Congress of 

10 each congressionally mandated report, the head of the 

11 Federal agency submitting the congressionally mandated 

12 report shall submit to the Director the information re13 quired under subparagraphs (A) through (D) of section 

14 9303(b)(1) with respect to the congressionally mandated 

15 report. Nothing in this subtitle shall relieve a Federal 

16 agency of any other requirement to publish the congres17 sionally mandated report on the online portal of the Fed18 eral agency or otherwise submit the congressionally man19 dated report to Congress or specific committees of Con20 gress, or subcommittees thereof. 

21 (b) GUIDANCE.—Not later than 240 days after the 

22 date of enactment of this Act, the Director of the Office 

23 of Management and Budget, in consultation with the Di24 rector, shall issue guidance to agencies on the implementa25 tion of this subtitle. 


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1 (c) STRUCTURE OF SUBMITTED REPORT DATA.— 

2 The head of each Federal agency shall ensure that each 

3 congressionally mandated report submitted to the Director 

4 complies with the open format criteria established by the 

5 Director in the guidance issued under subsection (b). 

6 (d) POINT OF CONTACT.—The head of each Federal 

7 agency shall designate a point of contact for congression8 ally mandated reports. 

9 (e) LIST OF REPORTS.—As soon as practicable each 

10 calendar year (but not later than April 1), and on a rolling 

11 basis during the year if feasible, the Librarian of Congress 

12 shall submit to the Director a list of congressionally man13 dated reports from the previous calendar year, in consulta14 tion with the Clerk of the House of Representatives, which 

15 shall— 

16 (1) be provided in an open format; 

17 (2) include the information required under 

18 clauses (i), (ii), (iv), and (v) of section 

19 9303(b)(1)(C) for each report; 

20 (3) include the frequency of the report; 

21 (4) include a unique alphanumeric identifier for 

22 the report that is consistent across report editions; 

23 (5) include the date on which each report is re24 quired to be submitted; and 


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1 (6) be updated and provided to the Director, as 

2 necessary. 

3 SEC. 9305. REMOVING AND ALTERING REPORTS. 

4 A report submitted to be published to the reports on5 line portal may only be changed or removed, with the ex6 ception of technical changes, by the head of the Federal 

7 agency concerned if— 

8 (1) the head of the Federal agency consults 

9 with each congressional committee to which the re10 port is submitted; and 

11 (2) Congress enacts a joint resolution author12 izing the changing or removal of the report. 

13 SEC. 9306. RELATIONSHIP TO THE FREEDOM OF INFORMA14 TION ACT. 

15 (a) IN GENERAL.—Nothing in this subtitle shall be 

16 construed to— 

17 (1) require the disclosure of information or 

18 records that are exempt from public disclosure under 

19 section 552 of title 5, United States Code; or 

20 (2) to impose any affirmative duty on the Di21 rector to review congressionally mandated reports 

22 submitted for publication to the reports online portal 

23 for the purpose of identifying and redacting such in24 formation or records. 


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1 (b) REDACTION OF INFORMATION.—The head of a 

2 Federal agency— 

3 (1) may redact information required to be dis4 closed under this subtitle if the information would be 

5 properly withheld from disclosure under section 552 

6 of title 5, United States Code; and 

7 (2) shall— 

8 (A) redact information required to be dis9 closed under this subtitle if disclosure of such 

10 information is prohibited by law; 

11 (B) redact information being withheld 

12 under this subsection prior to submitting the 

13 information to the Director; 

14 (C) redact only such information properly 

15 withheld under this subsection from the submis16 sion of information or from any congressionally 

17 mandated report submitted under this subtitle; 

18 (D) identify where any such redaction is 

19 made in the submission or report; and 

20 (E) identify the exemption under which 

21 each such redaction is made. 

22 SEC. 9307. IMPLEMENTATION. 

23 Except as provided in section 9304(b), this subtitle 

24 shall be implemented not later than 1 year after the date 

25 of enactment of this Act and shall apply with respect to 


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1 congressionally mandated reports submitted to Congress 

2 on or after the date that is 1 year after such date of enact3 ment. 

4 Subtitle E—Severability 

5 SEC. 9501. SEVERABILITY. 

6 If any provision of this title or amendment made by 

7 this title, or the application of a provision or amendment 

8 to any person or circumstance, is held to be unconstitu9 tional, the remainder of this title and amendments made 

10 by this title, and the application of the provisions and 

11 amendment to any person or circumstance, shall not be 

12 affected by the holding. 

13 TITLE X—PRESIDENTIAL AND 

14 VICE-PRESIDENTIAL TAX 

15 TRANSPARENCY 

16 SEC. 10001. PRESIDENTIAL AND VICE-PRESIDENTIAL TAX 

17 TRANSPARENCY. 

18 (a) DEFINITIONS.—In this section— 

19 (1) The term ‘‘covered candidate’’ means a can20 didate of a major party in a general election for the 

21 office of President or Vice President. 

22 (2) The term ‘‘income tax return’’ means, with 

23 respect to an individual, any return (as such term is 

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1 enue Code of 1986, except that such term shall not 

2 include declarations of estimated tax) of— 

3 (A) such individual, other than information 

4 returns issued to persons other than such indi5 vidual; or 

6 (B) of any corporation, partnership, or 

7 trust in which such individual holds, directly or 

8 indirectly, a significant interest as the sole or 

9 principal owner or the sole or principal bene10 ficial owner (as such terms are defined in regu11 lations prescribed by the Secretary). 

12 (3) The term ‘‘major party’’ has the meaning 

13 given the term in section 9002 of the Internal Rev14 enue Code of 1986. 

15 (4) The term ‘‘Secretary’’ means the Secretary 

16 of the Treasury or the delegate of the Secretary. 

17 (b) DISCLOSURE.— 

18 (1) IN GENERAL.— 

19 (A) CANDIDATES FOR PRESIDENT AND

20 VICE PRESIDENT.—Not later than the date that 

21 is 15 days after the date on which an individual 

22 becomes a covered candidate, the individual 

23 shall submit to the Federal Election Commis24 sion a copy of the individual’s income tax re25 turns for the 10 most recent taxable years for 


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1 which a return has been filed with the Internal 

2 Revenue Service. 

3 (B) PRESIDENT AND VICE PRESIDENT.— 

4 With respect to an individual who is the Presi5 dent or Vice President, not later than the due 

6 date for the return of tax for each taxable year, 

7 such individual shall submit to the Federal 

8 Election Commission a copy of the individual’s 

9 income tax returns for the taxable year and for 

10 the 9 preceding taxable years. 

11 (C) TRANSITION RULE FOR SITTING PRESI12 DENTS AND VICE PRESIDENTS.—Not later than 

13 the date that is 30 days after the date of enact14 ment of this Act, an individual who is the Presi15 dent or Vice President on such date of enact16 ment shall submit to the Federal Election Com17 mission a copy of the income tax returns for the 

18 10 most recent taxable years for which a return 

19 has been filed with the Internal Revenue Serv20 ice. 

21 (2) FAILURE TO DISCLOSE.—If any require22 ment under paragraph (1) to submit an income tax 

23 return is not met, the chairman of the Federal Elec24 tion Commission shall submit to the Secretary a 

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1 eral Election Commission with the income tax re2 turn. 

3 (3) PUBLICLY AVAILABLE.—The chairman of 

4 the Federal Election Commission shall make publicly 

5 available each income tax return submitted under 

6 paragraph (1) in the same manner as a return pro7 vided under section 6103(l)(23) of the Internal Rev8 enue Code of 1986 (as added by this section). 

9 (4) TREATMENT AS A REPORT UNDER THE

10 FEDERAL ELECTION CAMPAIGN ACT OF 1971.—For 

11 purposes of the Federal Election Campaign Act of 

12 1971, any income tax return submitted under para13 graph (1) or provided under section 6103(l)(23) of 

14 the Internal Revenue Code of 1986 (as added by 

15 this section) shall, after redaction under paragraph 

16 (3) or subparagraph (B)(ii) of such section, be treat17 ed as a report filed under the Federal Election Cam18 paign Act of 1971. 

19 (c) DISCLOSURE OF RETURNS OF PRESIDENTS AND

20 VICE PRESIDENTS AND CERTAIN CANDIDATES FOR

21 PRESIDENT AND VICE PRESIDENT.— 

22 (1) IN GENERAL.—Section 6103(l) of the Inter23 nal Revenue Code of 1986 is amended by adding at 

24 the end the following new paragraph: 


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1 ‘‘(23) DISCLOSURE OF RETURN INFORMATION

2 OF PRESIDENTS AND VICE PRESIDENTS AND CER3 TAIN CANDIDATES FOR PRESIDENT AND VICE PRESI4 DENT.— 

5 ‘‘(A) IN GENERAL.—Upon written request 

6 by the chairman of the Federal Election Com7 mission under section 10001(b)(2) of the For 

8 the People Act of 2019, not later than the date 

9 that is 15 days after the date of such request, 

10 the Secretary shall provide copies of any return 

11 which is so requested to officers and employees 

12 of the Federal Election Commission whose offi13 cial duties include disclosure or redaction of 

14 such return under this paragraph. 

15 ‘‘(B) DISCLOSURE TO THE PUBLIC.— 

16 ‘‘(i) IN GENERAL.—The chairman of 

17 the Federal Election Commission shall 

18 make publicly available any return which is 

19 provided under subparagraph (A). 

20 ‘‘(ii) REDACTION OF CERTAIN INFOR21 MATION.—Before making publicly available 

22 under clause (i) any return, the chairman 

23 of the Federal Election Commission shall 

24 redact such information as the Federal 

25 Election Commission and the Secretary 


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1 jointly determine is necessary for pro2 tecting against identity theft, such as so3 cial security numbers.’’. 

4 (2) CONFORMING AMENDMENTS.—Section 

5 6103(p)(4) of such Code is amended— 

6 (A) in the matter preceding subparagraph 

7 (A) by striking ‘‘or (22)’’ and inserting ‘‘(22), 

8 or (23)’’; and 

9 (B) in subparagraph (F)(ii) by striking ‘‘or 

10 (22)’’ and inserting ‘‘(22), or (23)’’. 

11 (3) EFFECTIVE DATE.—The amendments made 

12 by this subsection shall apply to disclosures made on 

13 or after the date of enactment of this Act. 

Æ 


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