1 

" ! HOUSE OF REPRESENTATIVES 116TH CONGRESS

1st Session 

REPT. 116–15 

Part 1 

FOR THE PEOPLE ACT OF 2019 

R E P O R T 

OF THE

COMMITTEE ON HOUSE ADMINISTRATION 

TO ACCOMPANY

H.R. 1 

together with 

DISSENTING VIEWS 

MARCH 4, 2019.—Committed to the Committee of the Whole House on 

the State of the Union and ordered to be printed 


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FOR THE PEOPLE ACT OF 2019 


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U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

35–310 

" ! HOUSE OF REPRESENTATIVES 116TH CONGRESS

1st Session 

REPT. 116–15 

2019

Part 1 

FOR THE PEOPLE ACT OF 2019 

R E P O R T 

OF THE

COMMITTEE ON HOUSE ADMINISTRATION 

TO ACCOMPANY

H.R. 1 

together with 

DISSENTING VIEWS 

MARCH 4, 2019.—Committed to the Committee of the Whole House on 

the State of the Union and ordered to be printed 


dlhill on DSK3GLQ082PROD with HEARINGE:\Seals\Congress.#13

dlhill on DSK3GLQ082PROD with HEARING
116TH CONGRESS REPT. 116–15 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

FOR THE PEOPLE ACT OF 2019 

MARCH 4, 2019.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Ms. LOFGREN, from the Committee on House Administration, 

submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 1] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on House Administration, to whom was referred 

the bill (H.R. 1) 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, having considered 

the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. 

CONTENTS 

Page 

Amendment .............................................................................................................. 2 

Purpose and Summary ............................................................................................ 121 

Background and Need for Legislation .................................................................... 121 

Hearings ................................................................................................................... 139

Committee Consideration ........................................................................................ 140 

Committee Votes ...................................................................................................... 140 

Committee Oversight Findings ............................................................................... 146 

Statement of General Performance Goals and Objectives .................................... 146 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 146 

Earmarks and Tax and Tariff Benefits .................................................................. 146 

Committee Cost Estimate ....................................................................................... 146 

Congressional Budget Office Estimate ................................................................... 147 

Federal Mandates Statement ................................................................................. 155 

Advisory Committee Statement .............................................................................. 155 

Statement of Constitutional Authority .................................................................. 155 

Applicability to Legislative Branch ........................................................................ 155 

Section-by-Section Analysis of the Legislation ...................................................... 155 

Changes in Existing Law Made by the Bill as Reported ...................................... 200 

Dissenting Views ..................................................................................................... 439 


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AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘For the People Act of 2019’’. 

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

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

(1) Division A—Voting. 

(2) Division B—Campaign Finance. 

(3) Division C—Ethics. 

(b) TABLE OF CONTENTS.—The table of contents of this Act is as follows: 

Sec. 1. Short title. 

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

DIVISION A—VOTING 

TITLE I—ELECTION ACCESS 

Sec. 1000. Short title; statement of policy. 

Subtitle A—Voter Registration Modernization 

Sec. 1000A. Short title. 

PART 1—PROMOTING INTERNET REGISTRATION

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

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

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

Sec. 1004. Clarification of requirement regarding necessary information to show eligibility to vote. 

Sec. 1005. Effective date. 

PART 2—AUTOMATIC VOTER REGISTRATION

Sec. 1011. Short title; findings and purpose. 

Sec. 1012. Automatic registration of eligible individuals. 

Sec. 1013. Contributing agency assistance in registration. 

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

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

Sec. 1016. Registration portability and correction. 

Sec. 1017. Payments and grants. 

Sec. 1018. Treatment of exempt States. 

Sec. 1019. Miscellaneous provisions. 

Sec. 1020. Definitions. 

Sec. 1021. Effective date. 

PART 3—SAME DAY VOTER REGISTRATION

Sec. 1031. Same day registration. 

PART 4—CONDITIONS ON REMOVAL ON BASIS OF INTERSTATE CROSS-CHECKS

Sec. 1041. Conditions on removal of registrants from official list of eligible voters on basis of interstate crosschecks. 

PART 5—OTHER INITIATIVES TO PROMOTE VOTER REGISTRATION

Sec. 1051. Annual reports on voter registration statistics. 

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. [Reserved]. 

Sec. 1072. Establishment of best practices. 

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. 

Subtitle C—Prohibiting Voter Caging 

Sec. 1201. [Reserved]. 

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


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Subtitle D—[Reserved] 

Subtitle E—[Reserved] 

Subtitle F—Promoting Accuracy, Integrity, and Security Through Voter-Verified Permanent Paper Ballot 

Sec. 1501. Short title. 

Sec. 1502. Paper ballot and manual counting requirements. 

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

Sec. 1504. Durability and readability requirements for ballots. 

Sec. 1505. 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. 

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. Effective date. 

Subtitle K—Poll Worker Recruitment and Training 

Sec. 1801. [Reserved]. 

Sec. 1802. Grants to States for poll worker recruitment and training. 

Sec. 1803. 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. [Reserved]. 

Sec. 1904. Permitting use of sworn written statement to meet identification requirements for voting. 

Sec. 1905. [Reserved]. 

Sec. 1906. Reimbursement for costs incurred by States in establishing program to track and confirm receipt 

of absentee ballots. 

Sec. 1907. Voter information response systems and hotline. 

PART 2—IMPROVEMENTS IN OPERATION OF ELECTION ASSISTANCE COMMISSION

Sec. 1911. Reauthorization of Election Assistance Commission. 

Sec. 1913. Requiring states to participate in post-general election surveys. 

Sec. 1914. Reports by National Institute of Standards and Technology on use of funds transferred from Election 

Assistance Commission. 

Sec. 1915. Recommendations to improve operations of Election Assistance Commission. 

Sec. 1916. Repeal of exemption of Election Assistance Commission from certain government contracting require- ments. 

PART 3—MISCELLANEOUS PROVISIONS

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

Sec. 1922. No effect on other laws. 

Subtitle O—Severability 

Sec. 1931. Severability. 

TITLE II—ELECTION INTEGRITY 

Subtitle A—[Reserved] 

Subtitle B—[Reserved] 

Subtitle C—[Reserved] 

Subtitle D—[Reserved] 

Subtitle E—[Reserved] 

Subtitle F—Saving Eligible Voters From Voter Purging 

Sec. 2501. Short title. 

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

Subtitle G—No Effect on Authority of States to Provide Greater Opportunities for Voting 

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


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Subtitle H—Severability 

Sec. 2701. 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—[RESERVED] 

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. 

Subtitle C—Enhancing Protections for United States Democratic Institutions 

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

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

Subtitle D—Promoting Cybersecurity Through Improvements in Election Administration 

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

other guidelines. 

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

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

Sec. 3304. Streamlining collection of election information. 

Subtitle E—Preventing Election Hacking 

Sec. 3401. Short title. 

Sec. 3402. Election Security Bug Bounty Program. 

Sec. 3403. Definitions. 

Subtitle F—Miscellaneous Provisions 

Sec. 3501. Definitions. 

Sec. 3502. Initial report on adequacy of resources available for implementation. 

Subtitle G—Severability 

Sec. 3601. 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. Application of ban on contributions and expenditures by foreign nationals to domestic corporations, 

limited liability corporations, and partnerships that are foreign-controlled, foreign-influenced, and foreign-owned. 

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

PART 2—REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS

Sec. 4111. Reporting of campaign-related disbursements. 

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

covered transfers. 

Sec. 4113. Effective date. 

PART 3—OTHER ADMINISTRATIVE REFORMS

Sec. 4121. Petition for certiorari. 

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

Subtitle C—Honest Ads 

Sec. 4201. Short title. 

Sec. 4202. Purpose. 

Sec. 4203. Findings. 


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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—[Reserved] 

Subtitle F—[Reserved] 

Subtitle G—[Reserved] 

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. 

TITLE V—CAMPAIGN FINANCE EMPOWERMENT 

Subtitle A—Findings Relating to Citizens United Decision 

Sec. 5001. Findings relating to Citizens United decision. 

Subtitle B—Congressional Elections 

Sec. 5100. Short title. 

PART 1—MY VOICE VOUCHER PILOT PROGRAM

Sec. 5101. Establishment of pilot program. 

Sec. 5102. Voucher program described. 

Sec. 5103. Reports. 

Sec. 5104. Definitions. 

PART 2—SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS

Sec. 5111. Benefits and eligibility requirements for candidates. 

‘‘ ‘‘TITLE V—SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS 

‘‘ ‘‘Subtitle A—Benefits 

‘‘Sec. 501. Benefits for participating candidates. 

‘‘Sec. 502. Procedures for making payments. 

‘‘Sec. 503. Use of funds. 

‘‘Sec. 504. Qualified small dollar contributions described. 

‘‘ ‘‘Subtitle B—Eligibility and Certification 

‘‘Sec. 511. Eligibility. 

‘‘Sec. 512. Qualifying requirements. 

‘‘Sec. 513. Certification. 

‘‘ ‘‘Subtitle C—Requirements for Candidates Certified as Participating Candidates 

‘‘Sec. 521. Contribution and expenditure requirements. 

‘‘Sec. 522. Administration of campaign. 

‘‘Sec. 523. Preventing unnecessary spending of public funds. 

‘‘Sec. 524. Remitting unspent funds after election. 

‘‘ ‘‘Subtitle D—Enhanced Match Support 

‘‘Sec. 531. Enhanced support for general election. 

‘‘Sec. 532. Eligibility. 

‘‘Sec. 533. Amount. 

‘‘Sec. 534. Waiver of authority to retain portion of unspent funds after election. 

‘‘ ‘‘Subtitle E—Administrative Provisions 

‘‘Sec. 541. Freedom From Influence Fund. 

‘‘Sec. 542. Reviews and reports by Government Accountability Office. 

‘‘Sec. 543. Administration by Commission. 

‘‘Sec. 544. Violations and penalties. 

‘‘Sec. 545. Appeals process. 

‘‘Sec. 546. Indexing of amounts. 

‘‘Sec. 547. Election cycle defined.’’ 

Sec. 5112. Contributions and expenditures by multicandidate and political party committees on behalf of participating candidates. 

Sec. 5113. Prohibiting use of contributions by participating candidates for purposes other than campaign for 

election. 

Sec. 5114. Effective date. 

Subtitle C—Presidential Elections 

Sec. 5200. Short title. 


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PART 1—PRIMARY ELECTIONS

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

Sec. 5202. Eligibility requirements for matching payments. 

Sec. 5203. Repeal of expenditure limitations. 

Sec. 5204. Period of availability of matching payments. 

Sec. 5205. Examination and audits of matchable contributions. 

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

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

PART 2—GENERAL ELECTIONS

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

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

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

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

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

Sec. 5216. Amounts in Presidential Election Campaign Fund. 

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

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

PART 3—EFFECTIVE DATE

Sec. 5221. Effective date. 

Subtitle D—Personal Use Services as Authorized Campaign Expenditures 

Sec. 5301. Short title; findings; purpose. 

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

Subtitle E—Severability 

Sec. 5401. Severability. 

TITLE VI—CAMPAIGN FINANCE OVERSIGHT 

Subtitle A—Restoring Integrity to America’s Elections 

Sec. 6001. Short title. 

Sec. 6002. Membership of Federal Election Commission. 

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

Sec. 6004. Revision to enforcement process. 

Sec. 6005. Permitting appearance at hearings on requests for advisory opinions by persons opposing the requests. 

Sec. 6006. Permanent extension of administrative penalty authority. 

Sec. 6007. Restrictions on ex parte communications. 

Sec. 6008. 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—Severability 

Sec. 6201. Severability. 

DIVISION C—ETHICS 

TITLE VII—[RESERVED] 

TITLE VIII—[RESERVED] 

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. [Reserved]. 

Sec. 9102. Conflict of interest rules for Members of Congress and congressional staff. 

Sec. 9103. Exercise of rulemaking powers. 

Subtitle C—Campaign Finance and Lobbying Disclosure 

Sec. 9201. Short title. 

Sec. 9202. Requiring disclosure in certain reports filed with Federal Election Commission of persons who are 

registered lobbyists. 

Sec. 9203. Effective date. 

Subtitle D—Access to Congressionally Mandated Reports 

Sec. 9301. Short title. 

Sec. 9302. Definitions. 

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

Sec. 9304. Federal agency responsibilities. 

Sec. 9305. Removing and altering reports. 

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

Sec. 9307. Implementation. 


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Subtitle E—Severability 

Sec. 9401. Severability. 

TITLE X—[RESERVED] 

DIVISION A—VOTING 

TITLE I—ELECTION ACCESS 

Sec. 1000. Short title; statement of policy. 

Subtitle A—Voter Registration Modernization 

Sec. 1000A. Short title. 

PART 1—PROMOTING INTERNET REGISTRATION

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

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

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

Sec. 1004. Clarification of requirement regarding necessary information to show eligibility to vote. 

Sec. 1005. Effective date. 

PART 2—AUTOMATIC VOTER REGISTRATION

Sec. 1011. Short title; findings and purpose. 

Sec. 1012. Automatic registration of eligible individuals. 

Sec. 1013. Contributing agency assistance in registration. 

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

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

Sec. 1016. Registration portability and correction. 

Sec. 1017. Payments and grants. 

Sec. 1018. Treatment of exempt States. 

Sec. 1019. Miscellaneous provisions. 

Sec. 1020. Definitions. 

Sec. 1021. Effective date. 

PART 3—SAME DAY VOTER REGISTRATION

Sec. 1031. Same day registration. 

PART 4—CONDITIONS ON REMOVAL ON BASIS OF INTERSTATE CROSS-CHECKS

Sec. 1041. Conditions on removal of registrants from official list of eligible voters on basis of interstate crosschecks. 

PART 5—OTHER INITIATIVES TO PROMOTE VOTER REGISTRATION

Sec. 1051. Annual reports on voter registration statistics. 

PART 6—AVAILABILITY OF HAVA REQUIREMENTS PAYMENTS

Sec. 1061. Availability of requirements payments under HAVA to cover costs of compliance with new require- ments. 

PART 7—PROHIBITING INTERFERENCE WITH VOTER REGISTRATION

Sec. 1071. [Reserved]. 

Sec. 1072. Establishment of best practices. 

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. 

Subtitle C—Prohibiting Voter Caging 

Sec. 1201. [Reserved]. 

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

Subtitle D—[Reserved] 

Subtitle E—[Reserved] 

Subtitle F—Promoting Accuracy, Integrity, and Security Through Voter-Verified Permanent Paper Ballot 

Sec. 1501. Short title. 

Sec. 1502. Paper ballot and manual counting requirements. 

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

Sec. 1504. Durability and readability requirements for ballots. 

Sec. 1505. 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. 


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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. 

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. Effective date. 

Subtitle K—Poll Worker Recruitment and Training 

Sec. 1801. [Reserved]. 

Sec. 1802. Grants to States for poll worker recruitment and training. 

Sec. 1803. 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. [Reserved]. 

Sec. 1904. Permitting use of sworn written statement to meet identification requirements for voting. 

Sec. 1905. [Reserved]. 

Sec. 1906. Reimbursement for costs incurred by States in establishing program to track and confirm receipt 

of absentee ballots. 

Sec. 1907. Voter information response systems and hotline. 

PART 2—IMPROVEMENTS IN OPERATION OF ELECTION ASSISTANCE COMMISSION

Sec. 1911. Reauthorization of Election Assistance Commission. 

Sec. 1913. Requiring states to participate in post-general election surveys. 

Sec. 1914. Reports by National Institute of Standards and Technology on use of funds transferred from Election 

Assistance Commission. 

Sec. 1915. Recommendations to improve operations of Election Assistance Commission. 

Sec. 1916. Repeal of exemption of Election Assistance Commission from certain government contracting requirements. 

PART 3—MISCELLANEOUS PROVISIONS

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

Sec. 1922. No effect on other laws. 

Subtitle O—Severability 

Sec. 1931. Severability. 

SEC. 1000. SHORT TITLE; STATEMENT OF POLICY. 

(a) SHORT TITLE.—This title may be cited as the ‘‘Voter Empowerment Act of 

2019’’. 

(b) STATEMENT OF POLICY.—It is the policy of the United States that— 

(1) all eligible citizens of the United States should access and exercise their 

constitutional right to vote in a free, fair, and timely manner; and 

(2) the integrity, security, and accountability of the voting process must be 

vigilantly protected, maintained, and enhanced in order to protect and preserve 

electoral and participatory democracy in the United States. 

Subtitle A—Voter Registration Modernization 

SEC. 1000A. SHORT TITLE. 

This subtitle may be cited as the ‘‘Voter Registration Modernization Act of 2019’’. 

PART 1—PROMOTING INTERNET REGISTRATION 

SEC. 1001. REQUIRING AVAILABILITY OF INTERNET FOR VOTER REGISTRATION. 

(a) REQUIRING AVAILABILITY OF INTERNET FOR REGISTRATION.—The National 

Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) is amended by inserting 

after section 6 the following new section: 

‘‘SEC. 6A. INTERNET REGISTRATION. 

‘‘(a) REQUIRING AVAILABILITY OF INTERNET FOR ONLINE REGISTRATION.— 

‘‘(1) AVAILABILITY OF ONLINE REGISTRATION AND CORRECTION OF EXISTING REGISTRATION INFORMATION.—Each State, acting through the chief State election ofVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00012 Fmt 6659 Sfmt 6621 E:\HR\OC\HR015P1.XXX HR015P1

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ficial, shall ensure that the following services are available to the public at any 

time on the official public websites of the appropriate State and local election 

officials in the State, in the same manner and subject to the same terms and 

conditions as the services provided by voter registration agencies under section 

7(a): 

‘‘(A) Online application for voter registration. 

‘‘(B) Online assistance to applicants in applying to register to vote. 

‘‘(C) Online completion and submission by applicants of the mail voter 

registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2), including assistance with providing a signature as required under subsection (c). 

‘‘(D) Online receipt of completed voter registration applications. 

‘‘(b) ACCEPTANCE OF COMPLETED APPLICATIONS.—A State shall accept an online 

voter registration application provided by an individual under this section, and ensure that the individual is registered to vote in the State, if— 

‘‘(1) the individual meets the same voter registration requirements applicable 

to individuals who register to vote by mail in accordance with section 6(a)(1) 

using the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2); and 

‘‘(2) the individual meets the requirements of subsection (c) to provide a signature in electronic form (but only in the case of applications submitted during 

or after the second year in which this section is in effect in the State). 

‘‘(c) SIGNATURE REQUIREMENTS.— 

‘‘(1) IN GENERAL.—For purposes of this section, an individual meets the requirements of this subsection as follows: 

‘‘(A) In the case of an individual who has a signature on file with a State 

agency, including the State motor vehicle authority, that is required to provide voter registration services under this Act or any other law, the individual consents to the transfer of that electronic signature. 

‘‘(B) If subparagraph (A) does not apply, the individual submits with the 

application an electronic copy of the individual’s handwritten signature 

through electronic means. 

‘‘(C) If subparagraph (A) and subparagraph (B) do not apply, the individual executes a computerized mark in the signature field on an online 

voter registration application, in accordance with reasonable security measures established by the State, but only if the State accepts such mark from 

the individual. 

‘‘(2) TREATMENT OF INDIVIDUALS UNABLE TO MEET REQUIREMENT.—If an individual is unable to meet the requirements of paragraph (1), the State shall— 

‘‘(A) permit the individual to complete all other elements of the online 

voter registration application; 

‘‘(B) permit the individual to provide a signature at the time the individual requests a ballot in an election (whether the individual requests the 

ballot at a polling place or requests the ballot by mail); and 

‘‘(C) if the individual carries out the steps described in subparagraph (A) 

and subparagraph (B), ensure that the individual is registered to vote in 

the State. 

‘‘(3) NOTICE.—The State shall ensure that individuals applying to register to 

vote online are notified of the requirements of paragraph (1) and of the treatment of individuals unable to meet such requirements, as described in paragraph (2). 

‘‘(d) CONFIRMATION AND DISPOSITION.— 

‘‘(1) CONFIRMATION OF RECEIPT.—Upon the online submission of a completed 

voter registration application by an individual under this section, the appropriate State or local election official shall send the individual a notice confirming the State’s receipt of the application and providing instructions on how 

the individual may check the status of the application. 

‘‘(2) NOTICE OF DISPOSITION.—Not later than 7 days after the appropriate 

State or local election official has approved or rejected an application submitted 

by an individual under this section, the official shall send the individual a notice of the disposition of the application. 

‘‘(3) METHOD OF NOTIFICATION.—The appropriate State or local election official 

shall send the notices required under this subsection by regular mail, and, in 

the case of an individual who has provided the official with an electronic mail 

address, by both electronic mail and regular mail. 

‘‘(e) PROVISION OF SERVICES IN NONPARTISAN MANNER.—The services made available under subsection (a) shall be provided in a manner that ensures that, consistent with section 7(a)(5)— 


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‘‘(1) the online application does not seek to influence an applicant’s political 

preference or party registration; and 

‘‘(2) there is no display on the website promoting any political preference or 

party allegiance, except that nothing in this paragraph may be construed to prohibit an applicant from registering to vote as a member of a political party. 

‘‘(f) PROTECTION OF SECURITY OF INFORMATION.—In meeting the requirements of 

this section, the State shall establish appropriate technological security measures to 

prevent to the greatest extent practicable any unauthorized access to information 

provided by individuals using the services made available under subsection (a). 

‘‘(g) ACCESSIBILITY OF SERVICES.—A state shall ensure that the services made 

available under this section are made available to individuals with disabilities to 

the same extent as services are made available to all other individuals. 

‘‘(h) USE OF ADDITIONAL TELEPHONE-BASED SYSTEM.—A State shall make the 

services made available online under subsection (a) available through the use of an 

automated telephone-based system, subject to the same terms and conditions applicable under this section to the services made available online, in addition to making 

the services available online in accordance with the requirements of this section. 

‘‘(i) NONDISCRIMINATION AMONG REGISTERED VOTERS USING MAIL AND ONLINE

REGISTRATION.—In carrying out this Act, the Help America Vote Act of 2002, or any 

other Federal, State, or local law governing the treatment of registered voters in the 

State or the administration of elections for public office in the State, a State shall 

treat a registered voter who registered to vote online in accordance with this section 

in the same manner as the State treats a registered voter who registered to vote 

by mail.’’. 

(b) SPECIAL REQUIREMENTS FOR INDIVIDUALS USING ONLINE REGISTRATION.— 

(1) TREATMENT AS INDIVIDUALS REGISTERING TO VOTE BY MAIL FOR PURPOSES

OF FIRST-TIME VOTER IDENTIFICATION REQUIREMENTS.—Section 303(b)(1)(A) of 

the Help America Vote Act of 2002 (52 U.S.C. 21083(b)(1)(A)) is amended by 

striking ‘‘by mail’’ and inserting ‘‘by mail or online under section 6A of the National Voter Registration Act of 1993’’. 

(2) REQUIRING SIGNATURE FOR FIRST-TIME VOTERS IN JURISDICTION.—Section 

303(b) of such Act (52 U.S.C. 21083(b)) is amended— 

(A) by redesignating paragraph (5) as paragraph (6); and 

(B) by inserting after paragraph (4) the following new paragraph: 

‘‘(5) SIGNATURE REQUIREMENTS FOR FIRST-TIME VOTERS USING ONLINE REGISTRATION.— 

‘‘(A) IN GENERAL.—A State shall, in a uniform and nondiscriminatory 

manner, require an individual to meet the requirements of subparagraph 

(B) if— 

‘‘(i) the individual registered to vote in the State online under section 

6A of the National Voter Registration Act of 1993; and 

‘‘(ii) the individual has not previously voted in an election for Federal 

office in the State. 

‘‘(B) REQUIREMENTS.—An individual meets the requirements of this subparagraph if— 

‘‘(i) in the case of an individual who votes in person, the individual 

provides the appropriate State or local election official with a handwritten signature; or 

‘‘(ii) in the case of an individual who votes by mail, the individual 

submits with the ballot a handwritten signature. 

‘‘(C) INAPPLICABILITY.—Subparagraph (A) does not apply in the case of an 

individual who is— 

‘‘(i) entitled to vote by absentee ballot under the Uniformed and 

Overseas Citizens Absentee Voting Act (52 U.S.C. 20302 et seq.); 

‘‘(ii) provided the right to vote otherwise than in person under section 

3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii)); or 

‘‘(iii) entitled to vote otherwise than in person under any other Federal law.’’. 

(3) CONFORMING AMENDMENT RELATING TO EFFECTIVE DATE.—Section 

303(d)(2)(A) of such Act (52 U.S.C. 21083(d)(2)(A)) is amended by striking ‘‘Each 

State’’ and inserting ‘‘Except as provided in subsection (b)(5), each State’’. 

(c) CONFORMING AMENDMENTS.— 

(1) TIMING OF REGISTRATION.—Section 8(a)(1) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)) is amended— 

(A) by striking ‘‘and’’ at the end of subparagraph (C); 

(B) by redesignating subparagraph (D) as subparagraph (E); and 

(C) by inserting after subparagraph (C) the following new subparagraph: 


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‘‘(D) in the case of online registration through the official public website 

of an election official under section 6A, if the valid voter registration application is submitted online not later than the lesser of 30 days, or the period 

provided by State law, before the date of the election (as determined by 

treating the date on which the application is sent electronically as the date 

on which it is submitted); and’’. 

(2) INFORMING APPLICANTS OF ELIGIBILITY REQUIREMENTS AND PENALTIES.— Section 8(a)(5) of such Act (52 U.S.C. 20507(a)(5)) is amended by striking ‘‘and 

7’’ and inserting ‘‘6A, and 7’’. 

SEC. 1002. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION. 

(a) IN GENERAL.— (1) UPDATES TO INFORMATION CONTAINED ON COMPUTERIZED STATEWIDE VOTER

REGISTRATION LIST.—Section 303(a) of the Help America Vote Act of 2002 (52 

U.S.C. 21083(a)) is amended by adding at the end the following new paragraph: 

‘‘(6) USE OF INTERNET BY REGISTERED VOTERS TO UPDATE INFORMATION.— ‘‘(A) IN GENERAL.—The appropriate State or local election official shall ensure that any registered voter on the computerized list may at any time update the voter’s registration information, including the voter’s address and 

electronic mail address, online through the official public website of the 

election official responsible for the maintenance of the list, so long as the 

voter attests to the contents of the update by providing a signature in electronic form in the same manner required under section 6A(c) of the National Voter Registration Act of 1993. 

‘‘(B) PROCESSING OF UPDATED INFORMATION BY ELECTION OFFICIALS.—If a 

registered voter updates registration information under subparagraph (A), 

the appropriate State or local election official shall— 

‘‘(i) revise any information on the computerized list to reflect the update made by the voter; and 

‘‘(ii) if the updated registration information affects the voter’s eligibility to vote in an election for Federal office, ensure that the information is processed with respect to the election if the voter updates the 

information not later than the lesser of 7 days, or the period provided 

by State law, before the date of the election. 

‘‘(C) CONFIRMATION AND DISPOSITION.— 

‘‘(i) CONFIRMATION OF RECEIPT.—Upon the online submission of updated registration information by an individual under this paragraph, 

the appropriate State or local election official shall send the individual 

a notice confirming the State’s receipt of the updated information and 

providing instructions on how the individual may check the status of 

the update. 

‘‘(ii) NOTICE OF DISPOSITION.—Not later than 7 days after the appropriate State or local election official has accepted or rejected updated 

information submitted by an individual under this paragraph, the official shall send the individual a notice of the disposition of the update. 

‘‘(iii) METHOD OF NOTIFICATION.—The appropriate State or local election official shall send the notices required under this subparagraph by 

regular mail, and, in the case of an individual who has requested that 

the State provide voter registration and voting information through 

electronic mail, by both electronic mail and regular mail.’’. 

(2) CONFORMING AMENDMENT RELATING TO EFFECTIVE DATE.—Section 

303(d)(1)(A) of such Act (52 U.S.C. 21083(d)(1)(A)) is amended by striking ‘‘subparagraph (B)’’ and inserting ‘‘subparagraph (B) and subsection (a)(6)’’. 

(b) ABILITY OF REGISTRANT TO USE ONLINE UPDATE TO PROVIDE INFORMATION ON

RESIDENCE.—Section 8(d)(2)(A) of the National Voter Registration Act of 1993 (52 

U.S.C. 20507(d)(2)(A)) is amended— 

(1) in the first sentence, by inserting after ‘‘return the card’’ the following: ‘‘or 

update the registrant’s information on the computerized Statewide voter registration list using the online method provided under section 303(a)(6) of the 

Help America Vote Act of 2002’’; and 

(2) in the second sentence, by striking ‘‘returned,’’ and inserting the following: 

‘‘returned or if the registrant does not update the registrant’s information on 

the computerized Statewide voter registration list using such online method,’’. 

SEC. 1003. PROVISION OF ELECTION INFORMATION BY ELECTRONIC MAIL TO INDIVIDUALS 

REGISTERED TO VOTE. 

(a) INCLUDING OPTION ON VOTER REGISTRATION APPLICATION TO PROVIDE E–MAIL

ADDRESS AND RECEIVE INFORMATION.— 

(1) IN GENERAL.—Section 9(b) of the National Voter Registration Act of 1993 

(52 U.S.C. 20508(b)) is amended— 


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(A) by striking ‘‘and’’ at the end of paragraph (3); 

(B) by striking the period at the end of paragraph (4) and inserting ‘‘; 

and’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(5) shall include a space for the applicant to provide (at the applicant’s option) an electronic mail address, together with a statement that, if the applicant 

so requests, instead of using regular mail the appropriate State and local election officials shall provide to the applicant, through electronic mail sent to that 

address, the same voting information (as defined in section 302(b)(2) of the Help 

America Vote Act of 2002) which the officials would provide to the applicant 

through regular mail.’’. 

(2) PROHIBITING USE FOR PURPOSES UNRELATED TO OFFICIAL DUTIES OF ELECTION OFFICIALS.—Section 9 of such Act (52 U.S.C. 20508) is amended by adding 

at the end the following new subsection: 

‘‘(c) PROHIBITING USE OF ELECTRONIC MAIL ADDRESSES FOR OTHER THAN OFFICIAL

PURPOSES.—The chief State election official shall ensure that any electronic mail address provided by an applicant under subsection (b)(5) is used only for purposes of 

carrying out official duties of election officials and is not transmitted by any State 

or local election official (or any agent of such an official, including a contractor) to 

any person who does not require the address to carry out such official duties and 

who is not under the direct supervision and control of a State or local election official.’’. 

(b) REQUIRING PROVISION OF INFORMATION BY ELECTION OFFICIALS.—Section 

302(b) of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)) is amended by 

adding at the end the following new paragraph: 

‘‘(3) PROVISION OF OTHER INFORMATION BY ELECTRONIC MAIL.—If an individual 

who is a registered voter has provided the State or local election official with 

an electronic mail address for the purpose of receiving voting information (as 

described in section 9(b)(5) of the National Voter Registration Act of 1993), the 

appropriate State or local election official, through electronic mail transmitted 

not later than 7 days before the date of the election for Federal office involved, 

shall provide the individual with information on how to obtain the following information by electronic means: 

‘‘(A) The name and address of the polling place at which the individual 

is assigned to vote in the election. 

‘‘(B) The hours of operation for the polling place. 

‘‘(C) A description of any identification or other information the individual 

may be required to present at the polling place.’’. 

SEC. 1004. CLARIFICATION OF REQUIREMENT REGARDING NECESSARY INFORMATION TO 

SHOW ELIGIBILITY TO VOTE. 

Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 20507) is 

amended— 

(1) by redesignating subsection (j) as subsection (k); and 

(2) by inserting after subsection (i) the following new subsection: 

‘‘(j) REQUIREMENT FOR STATE TO REGISTER APPLICANTS PROVIDING NECESSARY INFORMATION TO SHOW ELIGIBILITY TO VOTE.—For purposes meeting the requirement 

of subsection (a)(1) that an eligible applicant is registered to vote in an election for 

Federal office within the deadlines required under such subsection, the State shall 

consider an applicant to have provided a ‘valid voter registration form’ if— 

‘‘(1) the applicant has substantially completed the application form and attested to the statement required by section 9(b)(2); and 

‘‘(2) in the case of an applicant who registers to vote online in accordance with 

section 6A, the applicant provides a signature in accordance with subsection (c) 

of such section.’’. 

SEC. 1005. EFFECTIVE DATE. 

(a) IN GENERAL.—Except as provided in subsection (b), the amendments made by 

this part (other than the amendments made by section 1004) shall take effect January 1, 2020. 

(b) WAIVER.—Subject to the approval of the Election Assistance Commission, if a 

State certifies to the Election Assistance Commission that the State will not meet 

the deadline referred to in subsection (a) because of extraordinary circumstances 

and includes in the certification the reasons for the failure to meet the deadline, 

subsection (a) shall apply to the State as if the reference in such subsection to ‘‘January 1, 2020’’ were a reference to ‘‘January 1, 2022’’. 


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PART 2—AUTOMATIC VOTER REGISTRATION 

SEC. 1011. SHORT TITLE; FINDINGS AND PURPOSE. 

(a) SHORT TITLE.—This part may be cited as the ‘‘Automatic Voter Registration 

Act of 2019’’. 

(b) FINDINGS AND PURPOSE.— (1) FINDINGS.—Congress finds that— 

(A) the right to vote is a fundamental right of citizens of the United 

States; 

(B) it is the responsibility of the State and Federal Governments to ensure that every eligible citizen is registered to vote; 

(C) existing voter registration systems can be inaccurate, costly, inaccessible and confusing, with damaging effects on voter participation in elections and disproportionate impacts on young people, persons with disabilities, and racial and ethnic minorities; and 

(D) voter registration systems must be updated with 21st Century technologies and procedures to maintain their security. 

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

(A) to establish that it is the responsibility of government at every level 

to ensure that all eligible citizens are registered to vote; 

(B) to enable the State and Federal Governments to register all eligible 

citizens to vote with accurate, cost-efficient, and up-to-date procedures; 

(C) to modernize voter registration and list maintenance procedures with 

electronic and Internet capabilities; and 

(D) to protect and enhance the integrity, accuracy, efficiency, and accessibility of the electoral process for all eligible citizens. 

SEC. 1012. AUTOMATIC REGISTRATION OF ELIGIBLE INDIVIDUALS. 

(a) REQUIRING STATES TO ESTABLISH AND OPERATE AUTOMATIC REGISTRATION SYS- TEM.— (1) IN GENERAL.—The chief State election official of each State shall establish 

and operate a system of automatic registration for the registration of eligible 

individuals to vote for elections for Federal office in the State, in accordance 

with the provisions of this part. 

(2) DEFINITION.—The term ‘‘automatic registration’’ means a system that registers an individual to vote in elections for Federal office in a State, if eligible, 

by electronically transferring the information necessary for registration from 

government agencies to election officials of the State so that, unless the individual affirmatively declines to be registered, the individual will be registered 

to vote in such elections. 

(b) REGISTRATION OF VOTERS BASED ON NEW AGENCY RECORDS.—The chief State 

election official shall— 

(1) not later than 15 days after a contributing agency has transmitted information with respect to an individual pursuant to section 1013, ensure that the 

individual is registered to vote in elections for Federal office in the State if the 

individual is eligible to be registered to vote in such elections; and 

(2) not later than 120 days after a contributing agency has transmitted such 

information with respect to the individual, send written notice to the individual, 

in addition to other means of notice established by this part, of the individual’s 

voter registration status. 

(c) ONE-TIME REGISTRATION OF VOTERS BASED ON EXISTING CONTRIBUTING AGEN- CY RECORDS.—The chief State election official shall— 

(1) identify all individuals whose information is transmitted by a contributing 

agency pursuant to section 1014 and who are eligible to be, but are not currently, registered to vote in that State; 

(2) promptly send each such individual written notice, in addition to other 

means of notice established by this part, which shall not identify the contributing agency that transmitted the information but shall include— 

(A) an explanation that voter registration is voluntary, but if the individual does not decline registration, the individual will be registered to 

vote; 

(B) a statement offering the opportunity to decline voter registration 

through means consistent with the requirements of this part; 

(C) in the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, a statement offering the individual the opportunity to affiliate or enroll with a political party or to decline to affiliate or enroll with a political party, through means consistent 

with the requirements of this part; 


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(D) the substantive qualifications of an elector in the State as listed in 

the mail voter registration application form for elections for Federal office 

prescribed pursuant to section 9 of the National Voter Registration Act of 

1993, the consequences of false registration, and a statement that the individual should decline to register if the individual does not meet all those 

qualifications; 

(E) instructions for correcting any erroneous information; and 

(F) instructions for providing any additional information which is listed 

in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act 

of 1993; 

(3) ensure that each such individual who is eligible to register to vote in elections for Federal office in the State is promptly registered to vote not later than 

45 days after the official sends the individual the written notice under paragraph (2), unless, during the 30-day period which begins on the date the election official sends the individual such written notice, the individual declines registration in writing, through a communication made over the Internet, or by an 

officially-logged telephone communication; and 

(4) send written notice to each such individual, in addition to other means of 

notice established by this part, of the individual’s voter registration status. 

(d) TREATMENT OF INDIVIDUALS UNDER 18 YEARS OF AGE.—A State may not 

refuse to treat an individual as an eligible individual for purposes of this part on 

the grounds that the individual is less than 18 years of age at the time a contributing agency receives information with respect to the individual, so long as the individual is at least 16 years of age at such time. 

(e) CONTRIBUTING AGENCY DEFINED.—In this part, the term ‘‘contributing agency’’ 

means, with respect to a State, an agency listed in section 1013(e). 

SEC. 1013. CONTRIBUTING AGENCY ASSISTANCE IN REGISTRATION. 

(a) IN GENERAL.—In accordance with this part, each contributing agency in a 

State shall assist the State’s chief election official in registering to vote all eligible 

individuals served by that agency. 

(b) REQUIREMENTS FOR CONTRIBUTING AGENCIES.— 

(1) INSTRUCTIONS ON AUTOMATIC REGISTRATION.—With each application for 

service or assistance, and with each related recertification, renewal, or change 

of address, or, in the case of an institution of higher education, with each registration of a student for enrollment in a course of study, each contributing 

agency that (in the normal course of its operations) requests individuals to affirm United States citizenship (either directly or as part of the overall application for service or assistance) shall inform each such individual who is a citizen 

of the United States of the following: 

(A) Unless that individual declines to register to vote, or is found ineligible to vote, the individual will be registered to vote or, if applicable, the 

individual’s registration will be updated. 

(B) The substantive qualifications of an elector in the State as listed in 

the mail voter registration application form for elections for Federal office 

prescribed pursuant to section 9 of the National Voter Registration Act of 

1993, the consequences of false registration, and the individual should decline to register if the individual does not meet all those qualifications. 

(C) In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, the requirement that the individual must affiliate or enroll with a political party in order to participate 

in such an election. 

(D) Voter registration is voluntary, and neither registering nor declining 

to register to vote will in any way affect the availability of services or benefits, nor be used for other purposes. 

(2) OPPORTUNITY TO DECLINE REGISTRATION REQUIRED.—Each contributing 

agency shall ensure that each application for service or assistance, and each related recertification, renewal, or change of address, or, in the case of an institution of higher education, each registration of a student for enrollment in a 

course of study, cannot be completed until the individual is given the opportunity to decline to be registered to vote. 

(3) INFORMATION TRANSMITTAL.—Upon the expiration of the 30-day period 

which begins on the date the contributing agency informs the individual of the 

information described in paragraph (1), each contributing agency shall electronically transmit to the appropriate State election official, in a format compatible 

with the statewide voter database maintained under section 303 of the Help 


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America Vote Act of 2002 (52 U.S.C. 21083), the following information, unless 

during such 30-day period the individual declined to be registered to vote: 

(A) The individual’s given name(s) and surname(s). 

(B) The individual’s date of birth. 

(C) The individual’s residential address. 

(D) Information showing that the individual is a citizen of the United 

States. 

(E) The date on which information pertaining to that individual was collected or last updated. 

(F) If available, the individual’s signature in electronic form. 

(G) Information regarding the individual’s affiliation or enrollment with 

a political party, if the individual provides such information. 

(H) Any additional information listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 

of the National Voter Registration Act of 1993, including any valid driver’s 

license number or the last 4 digits of the individual’s social security number, if the individual provided such information. 

(c) ALTERNATE PROCEDURE FOR CERTAIN CONTRIBUTING AGENCIES.—With each application for service or assistance, and with each related recertification, renewal, or 

change of address, any contributing agency that in the normal course of its operations does not request individuals applying for service or assistance to affirm 

United States citizenship (either directly or as part of the overall application for 

service or assistance) shall— 

(1) complete the requirements of section 7(a)(6) of the National Voter Registration Act of 1993 (52 U.S.C. 20506(a)(6)); 

(2) ensure that each applicant’s transaction with the agency cannot be completed until the applicant has indicated whether the applicant wishes to register 

to vote or declines to register to vote in elections for Federal office held in the 

State; and 

(3) for each individual who wishes to register to vote, transmit that individual’s information in accordance with subsection (b)(3). 

(d) REQUIRED AVAILABILITY OF AUTOMATIC REGISTRATION OPPORTUNITY WITH

EACH APPLICATION FOR SERVICE OR ASSISTANCE.—Each contributing agency shall 

offer each individual, with each application for service or assistance, and with each 

related recertification, renewal, or change of address, or in the case of an institution 

of higher education, with each registration of a student for enrollment in a course 

of study, the opportunity to register to vote as prescribed by this section without 

regard to whether the individual previously declined a registration opportunity. 

(e) CONTRIBUTING AGENCIES.— 

(1) STATE AGENCIES.—In each State, each of the following agencies shall be 

treated as a contributing agency: 

(A) Each agency in a State that is required by Federal law to provide 

voter registration services, including the State motor vehicle authority and 

other voter registration agencies under the National Voter Registration Act 

of 1993. 

(B) Each agency in a State that administers a program pursuant to title 

III of the Social Security Act (42 U.S.C. 501 et seq.), title XIX of the Social 

Security Act (42 U.S.C. 1396 et seq.), or the Patient Protection and Affordable Care Act (Public Law 111–148). 

(C) Each State agency primarily responsible for regulating the private 

possession of firearms. 

(D) Each State agency primarily responsible for maintaining identifying 

information for students enrolled at public secondary schools, including, 

where applicable, the State agency responsible for maintaining the education data system described in section 6201(e)(2) of the America COMPETES Act (20 U.S.C. 9871(e)(2)). 

(E) In the case of a State in which an individual disenfranchised by a 

criminal conviction may become eligible to vote upon completion of a criminal sentence or any part thereof, or upon formal restoration of rights, the 

State agency responsible for administering that sentence, or part thereof, 

or that restoration of rights. 

(F) Any other agency of the State which is designated by the State as a 

contributing agency. 

(2) FEDERAL AGENCIES.—In each State, each of the following agencies of the 

Federal government shall be treated as a contributing agency with respect to 

individuals who are residents of that State (except as provided in subparagraph 

(C)): 

(A) The Social Security Administration, the Department of Veterans Affairs, the Defense Manpower Data Center of the Department of Defense, 


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the Employee and Training Administration of the Department of Labor, 

and the Center for Medicare & Medicaid Services of the Department of 

Health and Human Services. 

(B) The Bureau of Citizenship and Immigration Services, but only with 

respect to individuals who have completed the naturalization process. 

(C) In the case of an individual who is a resident of a State in which an 

individual disenfranchised by a criminal conviction under Federal law may 

become eligible to vote upon completion of a criminal sentence or any part 

thereof, or upon formal restoration of rights, the Federal agency responsible 

for administering that sentence or part thereof (without regard to whether 

the agency is located in the same State in which the individual is a resident), but only with respect to individuals who have completed the criminal 

sentence or any part thereof. 

(D) Any other agency of the Federal government which the State designates as a contributing agency, but only if the State and the head of the 

agency determine that the agency collects information sufficient to carry 

out the responsibilities of a contributing agency under this section. 

(3) SPECIAL RULE FOR INSTITUTIONS OF HIGHER EDUCATION.— (A) SPECIAL RULE.—For purposes of this part, each institution of higher 

education described in subparagraph (B) shall be treated as a contributing 

agency in the State in which it is located, except that— 

(i) the institution shall be treated as a contributing agency only if, 

in its normal course of operations, the institution requests each student 

registering for enrollment in a course of study, including enrollment in 

a program of distance education, as defined in section 103(7) of the 

Higher Education Act of 1965 (20 U.S.C. 1003(7)), to affirm whether or 

not the student is a United States citizen; and 

(ii) if the institution is treated as a contributing agency in a State 

pursuant to clause (i), the institution shall serve as a contributing 

agency only with respect to students, including students enrolled in a 

program of distance education, as defined in section 103(7) of the Higher Education Act of 1965 (20 U.S.C. 1003(7)), who reside in the State. 

(B) INSTITUTIONS DESCRIBED.—An institution described in this subparagraph is an institution of higher education which has a program participation agreement in effect with the Secretary of Education under section 487 

of the Higher Education Act of 1965 (20 U.S.C. 1094) and which is located 

in a State to which section 4(b) of the National Voter Registration Act of 

1993 (52 U.S.C. 20503(b)) does not apply. 

(4) PUBLICATION.—Not later than 180 days prior to the date of each election 

for Federal office held in the State, the chief State election official shall publish 

on the public website of the official an updated list of all contributing agencies 

in that State. 

(5) PUBLIC EDUCATION.—The chief State election official of each State, in collaboration with each contributing agency, shall take appropriate measures to 

educate the public about voter registration under this section. 

SEC. 1014. ONE-TIME CONTRIBUTING AGENCY ASSISTANCE IN REGISTRATION OF ELIGIBLE 

VOTERS IN EXISTING RECORDS. 

(a) INITIAL TRANSMITTAL OF INFORMATION.—For each individual already listed in 

a contributing agency’s records as of the date of enactment of this Act, and for 

whom the agency has the information listed in section 1013(b)(3), the agency shall 

promptly transmit that information to the appropriate State election official in accordance with section 1013(b)(3) not later than the effective date described in section 1011(a). 

(b) TRANSITION.—For each individual listed in a contributing agency’s records as 

of the effective date described in section 1011(a) (but who was not listed in a contributing agency’s records as of the date of enactment of this Act), and for whom 

the agency has the information listed in section 1013(b)(3), the Agency shall promptly transmit that information to the appropriate State election official in accordance 

with section 1013(b)(3) not later than 6 months after the effective date described 

in section 1011(a). 

SEC. 1015. VOTER PROTECTION AND SECURITY IN AUTOMATIC REGISTRATION. 

(a) PROTECTIONS FOR ERRORS IN REGISTRATION.—An individual shall not be prosecuted under any Federal or State law, adversely affected in any civil adjudication 

concerning immigration status or naturalization, or subject to an allegation in any 

legal proceeding that the individual is not a citizen of the United States on any of 

the following grounds: 

(1) The individual notified an election office of the individual’s automatic registration to vote under this part. 


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(2) The individual is not eligible to vote in elections for Federal office but was 

automatically registered to vote under this part. 

(3) The individual was automatically registered to vote under this part at an 

incorrect address. 

(4) The individual declined the opportunity to register to vote or did not make 

an affirmation of citizenship, including through automatic registration, under 

this part. 

(b) LIMITS ON USE OF AUTOMATIC REGISTRATION.—The automatic registration of 

any individual or the fact that an individual declined the opportunity to register to 

vote or did not make an affirmation of citizenship (including through automatic registration) under this part may not be used as evidence against that individual in 

any State or Federal law enforcement proceeding, and an individual’s lack of knowledge or willfulness of such registration may be demonstrated by the individual’s testimony alone. 

(c) PROTECTION OF ELECTION INTEGRITY.—Nothing in subsections (a) or (b) may 

be construed to prohibit or restrict any action under color of law against an individual who— 

(1) knowingly and willfully makes a false statement to effectuate or perpetuate automatic voter registration by any individual; or 

(2) casts a ballot knowingly and willfully in violation of State law or the laws 

of the United States. 

(d) CONTRIBUTING AGENCIES’ PROTECTION OF INFORMATION.—Nothing in this part 

authorizes a contributing agency to collect, retain, transmit, or publicly disclose any 

of the following: 

(1) An individual’s decision to decline to register to vote or not to register to 

vote. 

(2) An individual’s decision not to affirm his or her citizenship. 

(3) Any information that a contributing agency transmits pursuant to section 

1013(b)(3), except in pursuing the agency’s ordinary course of business. 

(e) ELECTION OFFICIALS’ PROTECTION OF INFORMATION.— 

(1) PUBLIC DISCLOSURE PROHIBITED.— 

(A) IN GENERAL.—Subject to subparagraph (B), with respect to any individual for whom any State election official receives information from a contributing agency, the State election officials shall not publicly disclose any 

of the following: 

(i) The identity of the contributing agency. 

(ii) Any information not necessary to voter registration. 

(iii) Any voter information otherwise shielded from disclosure under 

State law or section 8(a) of the National Voter Registration Act of 1993 

(52 U.S.C. 20507(a)). 

(iv) Any portion of the individual’s social security number. 

(v) Any portion of the individual’s motor vehicle driver’s license number. 

(vi) The individual’s signature. 

(vii) The individual’s telephone number. 

(viii) The individual’s email address. 

(B) SPECIAL RULE FOR INDIVIDUALS REGISTERED TO VOTE.—With respect to 

any individual for whom any State election official receives information 

from a contributing agency and who, on the basis of such information, is 

registered to vote in the State under this part, the State election officials 

shall not publicly disclose any of the following: 

(i) The identity of the contributing agency. 

(ii) Any information not necessary to voter registration. 

(iii) Any voter information otherwise shielded from disclosure under 

State law or section 8(a) of the National Voter Registration Act of 1993 

(52 U.S.C. 20507(a)). 

(iv) Any portion of the individual’s social security number. 

(v) Any portion of the individual’s motor vehicle driver’s license number. 

(vi) The individual’s signature. 

(2) VOTER RECORD CHANGES.—Each State shall maintain for at least 2 years 

and shall make available for public inspection (and, where available, 

photocopying at a reasonable cost), including in electronic form and through 

electronic methods, all records of changes to voter records, including removals, 

the reasons for removals, and updates. 

(3) DATABASE MANAGEMENT STANDARDS.—The Director of the National Institute of Standards and Technology shall, after providing the public with notice 

and the opportunity to comment— 


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(A) establish standards governing the comparison of data for voter registration list maintenance purposes, identifying as part of such standards 

the specific data elements, the matching rules used, and how a State may 

use the data to determine and deem that an individual is ineligible under 

State law to vote in an election, or to deem a record to be a duplicate or 

outdated; 

(B) ensure that the standards developed pursuant to this paragraph are 

uniform and nondiscriminatory and are applied in a uniform and nondiscriminatory manner; and 

(C) not later than 45 days after the deadline for public notice and comment, publish the standards developed pursuant to this paragraph on the 

Director’s website and make those standards available in written form upon 

request. 

(4) SECURITY POLICY.—The Director of the National Institute of Standards 

and Technology shall, after providing the public with notice and the opportunity 

to comment, publish privacy and security standards for voter registration information not later than 45 days after the deadline for public notice and comment. 

The standards shall require the chief State election official of each State to 

adopt a policy that shall specify— 

(A) each class of users who shall have authorized access to the computerized statewide voter registration list, specifying for each class the permission and levels of access to be granted, and setting forth other safeguards 

to protect the privacy, security, and accuracy of the information on the list; 

and 

(B) security safeguards to protect personal information transmitted 

through the information transmittal processes of section 1013 or section 

1014, the online system used pursuant to section 1017, any telephone interface, the maintenance of the voter registration database, and any audit procedure to track access to the system. 

(5) STATE COMPLIANCE WITH NATIONAL STANDARDS.— 

(A) CERTIFICATION.—The chief executive officer of the State shall annually file with the Election Assistance Commission a statement certifying to 

the Director of the National Institute of Standards and Technology that the 

State is in compliance with the standards referred to in paragraphs (3) and 

(4). A State may meet the requirement of the previous sentence by filing 

with the Commission a statement which reads as follows: ‘‘lllll hereby certifies that it is in compliance with the standards referred to in paragraphs (3) and (4) of section 1015(e) of the Automatic Voter Registration 

Act of 2019.’’ (with the blank to be filled in with the name of the State involved). 

(B) PUBLICATION OF POLICIES AND PROCEDURES.—The chief State election 

official of a State shall publish on the official’s website the policies and procedures established under this section, and shall make those policies and 

procedures available in written form upon public request. 

(C) FUNDING DEPENDENT ON CERTIFICATION.—If a State does not timely 

file the certification required under this paragraph, it shall not receive any 

payment under this part for the upcoming fiscal year. 

(D) COMPLIANCE OF STATES THAT REQUIRE CHANGES TO STATE LAW.—In 

the case of a State that requires State legislation to carry out an activity 

covered by any certification submitted under this paragraph, for a period 

of not more than 2 years the State shall be permitted to make the certification notwithstanding that the legislation has not been enacted at the 

time the certification is submitted, and such State shall submit an additional certification once such legislation is enacted. 

(f) RESTRICTIONS ON USE OF INFORMATION.—No person acting under color of law 

may discriminate against any individual based on, or use for any purpose other than 

voter registration, election administration, or enforcement relating to election 

crimes, any of the following: 

(1) Voter registration records. 

(2) An individual’s declination to register to vote or complete an affirmation 

of citizenship under section 1013(b). 

(3) An individual’s voter registration status. 

(g) PROHIBITION ON THE USE OF VOTER REGISTRATION INFORMATION FOR COMMERCIAL PURPOSES.—Information collected under this part shall not be used for commercial purposes. Nothing in this subsection may be construed to prohibit the transmission, exchange, or dissemination of information for political purposes, including 

the support of campaigns for election for Federal, State, or local public office or the 

activities of political committees (including committees of political parties) under the 

Federal Election Campaign Act of 1971. 


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SEC. 1016. REGISTRATION PORTABILITY AND CORRECTION. 

(a) CORRECTING REGISTRATION INFORMATION AT POLLING PLACE.—Notwithstanding section 302(a) of the Help America Vote Act of 2002 (52 U.S.C. 21082(a)), 

if an individual is registered to vote in elections for Federal office held in a State, 

the appropriate election official at the polling pace for any such election (including 

a location used as a polling place on a date other than the date of the election) shall 

permit the individual to— 

(1) update the individual’s address for purposes of the records of the election 

official; 

(2) correct any incorrect information relating to the individual, including the 

individual’s name and political party affiliation, in the records of the election 

official; and 

(3) cast a ballot in the election on the basis of the updated address or corrected information, and to have the ballot treated as a regular ballot and not 

as a provisional ballot under section 302(a) of such Act. 

(b) UPDATES TO COMPUTERIZED STATEWIDE VOTER REGISTRATION LISTS.—If an 

election official at the polling place receives an updated address or corrected information from an individual under subsection (a), the official shall ensure that the 

address or information is promptly entered into the computerized Statewide voter 

registration list in accordance with section 303(a)(1)(A)(vi) of the Help America Vote 

Act of 2002 (52 U.S.C. 21083(a)(1)(A)(vi)). 

SEC. 1017. PAYMENTS AND GRANTS. 

(a) IN GENERAL.—The Election Assistance Commission shall make grants to each 

eligible State to assist the State in implementing the requirements of this part (or, 

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

(b) ELIGIBILITY; APPLICATION.—A State is eligible to receive a grant under this 

section if the State submits to the Commission, at such time and in such form as 

the Commission may require, an application containing— 

(1) a description of the activities the State will carry out with the grant; 

(2) an assurance that the State shall carry out such activities without partisan bias and without promoting any particular point of view regarding any 

issue; and 

(3) such other information and assurances as the Commission may require. 

(c) AMOUNT OF GRANT; PRIORITIES.—The Commission shall determine the amount 

of a grant made to an eligible State under this section. In determining the amounts 

of the grants, the Commission shall give priority to providing funds for those activities which are most likely to accelerate compliance with the requirements of this 

part (or, in the case of an exempt State, which are most likely to enhance the ability 

of the State to automatically register individuals to vote through its existing automatic voter registration program), including— 

(1) investments supporting electronic information transfer, including electronic collection and transfer of signatures, between contributing agencies and 

the appropriate State election officials; 

(2) updates to online or electronic voter registration systems already operating as of the date of the enactment of this Act; 

(3) introduction of online voter registration systems in jurisdictions in which 

those systems did not previously exist; and 

(4) public education on the availability of new methods of registering to vote, 

updating registration, and correcting registration. 

(d) AUTHORIZATION OF APPROPRIATIONS.— 

(1) AUTHORIZATION.—There are authorized to be appropriated to carry out 

this section— 

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

(B) such sums as may be necessary for each succeeding fiscal year. 

(2) CONTINUING AVAILABILITY OF FUNDS.—Any amounts appropriated pursuant to the authority of this subsection shall remain available without fiscal year 

limitation until expended. 

SEC. 1018. TREATMENT OF EXEMPT STATES. 

(a) WAIVER OF REQUIREMENTS.—Except as provided in subsection (b), this part 

does not apply with respect to an exempt State. 

(b) EXCEPTIONS.—The following provisions of this part apply with respect to an 

exempt State: 

(1) section 1016 (relating to registration portability and correction). 

(2) section 1017 (relating to payments and grants). 

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

(4) Section 1019(f) (relating to relation to other laws). 


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SEC. 1019. MISCELLANEOUS PROVISIONS. 

(a) ACCESSIBILITY OF REGISTRATION SERVICES.—Each contributing agency shall 

ensure that the services it provides under this part are made available to individuals with disabilities to the same extent as services are made available to all other 

individuals. 

(b) TRANSMISSION THROUGH SECURE THIRD PARTY PERMITTED.—Nothing in this 

part shall be construed to prevent a contributing agency from contracting with a 

third party to assist the agency in meeting the information transmittal requirements of this part, so long as the data transmittal complies with the applicable requirements of this part, including the privacy and security provisions of section 

1015. 

(c) NONPARTISAN, NONDISCRIMINATORY PROVISION OF SERVICES.—The services 

made available by contributing agencies under this part and by the State under sections 1006 and 1007 shall be made in a manner consistent with paragraphs (4), (5), 

and (6)(C) of section 7(a) of the National Voter Registration Act of 1993 (52 U.S.C. 

20506(a)). 

(d) NOTICES.—Each State may send notices under this part via electronic mail if 

the individual has provided an electronic mail address and consented to electronic 

mail communications for election-related materials. All notices sent pursuant to this 

part that require a response must offer the individual notified the opportunity to 

respond at no cost to the individual. 

(e) ENFORCEMENT.—Section 11 of the National Voter Registration Act of 1993 (52 

U.S.C. 20510), relating to civil enforcement and the availability of private rights of 

action, shall apply with respect to this part in the same manner as such section applies to such Act. 

(f) RELATION TO OTHER LAWS.—Except as provided, nothing in this part may be 

construed to authorize or require conduct prohibited under, or to supersede, restrict, 

or limit the application of any of the following: 

(1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.). 

(2) The Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 

20301 et seq.). 

(3) The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.). 

(4) The Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.). 

SEC. 1020. DEFINITIONS. 

In this part, the following definitions apply: 

(1) The term ‘‘chief State election official’’ means, with respect to a State, the 

individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the 

State’s responsibilities under such Act. 

(2) The term ‘‘Commission’’ means the Election Assistance Commission. 

(3) The term ‘‘exempt State’’ means a State which, under law which is in effect continuously on and after the date of the enactment of this Act, operates 

an automatic voter registration program under which an individual is automatically registered to vote in elections for Federal office in the State if the individual provides the motor vehicle authority of the State (or, in the case of a 

State in which an individual is automatically registered to vote at the time the 

individual applies for benefits or services with a Permanent Dividend Fund of 

the State, provides the appropriate official of such Fund) with such identifying 

information as the State may require. 

(4) The term ‘‘State’’ means each of the several States and the District of Columbia. 

SEC. 1021. EFFECTIVE DATE. 

(a) IN GENERAL.—Except as provided in subsection (b), this part and the amendments made by this part shall apply with respect to a State beginning January 1, 

2021. 

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

Commission that the State will not meet the deadline referred to in subsection (a) 

because of extraordinary circumstances and includes in the certification the reasons 

for the failure to meet the deadline, subsection (a) shall apply to the State as if the 

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

2023’’. 

PART 3—SAME DAY VOTER REGISTRATION 

SEC. 1031. SAME DAY REGISTRATION. 

(a) IN GENERAL.—Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 

et seq.) is amended— 


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(1) by redesignating sections 304 and 305 as sections 305 and 306; and 

(2) by inserting after section 303 the following new section: 

‘‘SEC. 304. SAME DAY REGISTRATION. 

‘‘(a) IN GENERAL.— ‘‘(1) REGISTRATION.—Notwithstanding section 8(a)(1)(D) of the National Voter 

Registration Act of 1993 (52 U.S.C. 20507(a)(1)(D)), each State shall permit any 

eligible individual on the day of a Federal election and on any day when voting, 

including early voting, is permitted for a Federal election— 

‘‘(A) to register to vote in such election at the polling place using a form 

that meets the requirements under section 9(b) of the National Voter Registration Act of 1993 (or, if the individual is already registered to vote, to 

revise any of the individual’s voter registration information); and 

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

‘‘(2) EXCEPTION.—The requirements under paragraph (1) shall not apply to a 

State in which, under a State law in effect continuously on and after the date 

of the enactment of this section, there is no voter registration requirement for 

individuals in the State with respect to elections for Federal office. 

‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of this section, the term ‘eligible individual’ means, with respect to any election for Federal office, an individual who is 

otherwise qualified to vote in that election. 

‘‘(c) EFFECTIVE DATE.—Each State shall be required to comply with the requirements of subsection (a) for the regularly scheduled general election for Federal office 

occurring in November 2020 and for any subsequent election for Federal office.’’. 

(b) CONFORMING AMENDMENT RELATING TO ENFORCEMENT.—Section 401 of such 

Act (52 U.S.C. 21111) is amended by striking ‘‘sections 301, 302, and 303’’ and inserting ‘‘subtitle A of title III’’. 

(c) CLERICAL AMENDMENT.—The table of contents of such Act is amended— 

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

sections 305 and 306; and 

(2) by inserting after the item relating to section 303 the following new item: 

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

PART 4—CONDITIONS ON REMOVAL ON BASIS OF 

INTERSTATE CROSS-CHECKS 

SEC. 1041. CONDITIONS ON REMOVAL OF REGISTRANTS FROM OFFICIAL LIST OF ELIGIBLE 

VOTERS ON BASIS OF INTERSTATE CROSS-CHECKS. 

(a) MINIMUM INFORMATION REQUIRED FOR REMOVAL UNDER CROSS-CHECK.—Section 8(c)(2) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(c)(2)) 

is amended— 

(1) by redesignating subparagraph (B) as subparagraph (D); and 

(2) by inserting after subparagraph (A) the following new subparagraphs: 

‘‘(B) To the extent that the program carried out by a State under subparagraph 

(A) to systematically remove the names of ineligible voters from the official lists of 

eligible voters uses information obtained in an interstate cross-check, in addition to 

any other conditions imposed under this Act on the authority of the State to remove 

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

voter from such a list unless— 

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

name, if any) and date of birth, and the last 4 digits of the voter’s social security 

number, in the interstate cross-check; or 

‘‘(ii) the State obtained documentation from the ERIC system that the voter 

is no longer a resident of the State. 

‘‘(C) In this paragraph— 

‘‘(i) the term ‘interstate cross-check’ means the transmission of information 

from an election official in one State to an election official of another State; and 

‘‘(ii) the term ‘ERIC system’ means the system operated by the Electronic 

Registration Information Center to share voter registration information and 

voter identification information among participating States.’’. 

(b) REQUIRING COMPLETION OF CROSS-CHECKS NOT LATER THAN 6 MONTHS PRIOR

TO ELECTION.—Subparagraph (A) of section 8(c)(2) of such Act (52 U.S.C. 

20507(c)(2)) is amended by striking ‘‘not later than 90 days’’ and inserting the following: ‘‘not later than 90 days (or, in the case of a program in which the State uses 

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

(c) CONFORMING AMENDMENT.—Subparagraph (D) of section 8(c)(2) of such Act (52 

U.S.C. 20507(c)(2)), as redesignated by subsection (a)(1), is amended by striking 

‘‘Subparagraph (A)’’ and inserting ‘‘This paragraph’’. 


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(d) EFFECTIVE DATE.—The amendments made by this Act shall apply with respect 

to elections held on or after the expiration of the 6-month period which begins on 

the date of the enactment of this Act. 

PART 5—OTHER INITIATIVES TO PROMOTE VOTER 

REGISTRATION 

SEC. 1051. ANNUAL REPORTS ON VOTER REGISTRATION STATISTICS. 

(a) ANNUAL REPORT.—Not later than 90 days after the end of each year, each 

State shall submit to the Election Assistance Commission and Congress a report 

containing the following categories of information for the year: 

(1) The number of individuals who were registered under part 2. 

(2) The number of voter registration application forms completed by individuals that were transmitted by motor vehicle authorities in the State (pursuant 

to section 5(d) of the National Voter Registration Act of 1993) and voter registration agencies in the State (as designated under section 7 of such Act) to 

the chief State election official of the State, broken down by each such authority 

and agency. 

(3) The number of such individuals whose voter registration application forms 

were accepted and who were registered to vote in the State and the number of 

such individuals whose forms were rejected and who were not registered to vote 

in the State, broken down by each such authority and agency. 

(4) The number of change of address forms and other forms of information 

indicating that an individual’s identifying information has been changed that 

were transmitted by such motor vehicle authorities and voter registration agencies to the chief State election official of the State, broken down by each such 

authority and agency and the type of form transmitted. 

(5) The number of individuals on the Statewide computerized voter registration list (as established and maintained under section 303 of the Help America 

Vote Act of 2002) whose voter registration information was revised by the chief 

State election official as a result of the forms transmitted to the official by such 

motor vehicle authorities and voter registration agencies (as described in paragraph (3)), broken down by each such authority and agency and the type of form 

transmitted. 

(6) The number of individuals who requested the chief State election official 

to revise voter registration information on such list, and the number of individuals whose information was revised as a result of such a request. 

(b) BREAKDOWN OF INFORMATION BY RACE AND ETHNICITY OF INDIVIDUALS.—In 

preparing the report under this section, the State shall, for each category of information described in subsection (a), include a breakdown by race and ethnicity of the 

individuals whose information is included in the category, to the extent that information on the race and ethnicity of such individuals is available to the State. 

(c) CONFIDENTIALITY OF INFORMATION.—In preparing and submitting a report 

under this section, the chief State election official shall ensure that no information 

regarding the identification of any individual is revealed. 

(d) STATE DEFINED.—In this section, a ‘‘State’’ includes the District of Columbia, 

the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, but does not 

include any State in which, under a State law in effect continuously on and after 

the date of the enactment of this Act, there is no voter registration requirement for 

individuals in the State with respect to elections for Federal office. 

PART 6—AVAILABILITY OF HAVA REQUIREMENTS 

PAYMENTS 

SEC. 1061. AVAILABILITY OF REQUIREMENTS PAYMENTS UNDER HAVA TO COVER COSTS OF 

COMPLIANCE WITH NEW REQUIREMENTS. 

(a) IN GENERAL.—Section 251(b) of the Help America Vote Act of 2002 (52 U.S.C. 

21001(b)) is amended— 

(1) in paragraph (1), by striking ‘‘(2) and (3)’’ and inserting ‘‘(2), (3), and (4)’’; 

and 

(2) by adding at the end the following new paragraph: 

‘‘(4) CERTAIN VOTER REGISTRATION ACTIVITIES.—A State may use a requirements payment to carry out any of the requirements of the Voter Registration 

Modernization Act of 2019, including the requirements of the National Voter 

Registration Act of 1993 which are imposed pursuant to the amendments made 

to such Act by the Voter Registration Modernization Act of 2019.’’. 


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(b) CONFORMING AMENDMENT.—Section 254(a)(1) of such Act (52 U.S.C. 

21004(a)(1)) is amended by striking ‘‘section 251(a)(2)’’ and inserting ‘‘section 

251(b)(2)’’. 

(c) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to fiscal year 2018 and each succeeding fiscal year. 

PART 7—PROHIBITING INTERFERENCE WITH VOTER 

REGISTRATION 

SEC. 1071. [RESERVED]. 

SEC. 1072. ESTABLISHMENT OF BEST PRACTICES. 

(a) BEST PRACTICES.—Not later than 180 days after the date of the enactment of 

this Act, the Election Assistance Commission shall develop and publish recommendations for best practices for States to use to deter and prevent violations 

of section 612 of title 18, United States Code (as added by section 1071), and section 

12 of the National Voter Registration Act of 1993 (52 U.S.C. 20511) (relating to the 

unlawful interference with registering to vote, or voting, or attempting to register 

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

at polling places and voter registration agencies under such Act, the training of poll 

workers and election officials, and relevant educational materials. For purposes of 

this subsection, the term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, 

and the Commonwealth of the Northern Mariana Islands. 

(b) INCLUSION IN VOTER INFORMATION REQUIREMENTS.—Section 302(b)(2) of the 

Help America Vote Act of 2002 (52 U.S.C. 21082(b)(2)) is amended— 

(1) by striking ‘‘and’’ at the end of subparagraph (E); 

(2) by striking the period at the end of subparagraph (F) and inserting ‘‘; 

and’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(G) information relating to the prohibitions of section 612 of title 18, 

United States Code, and section 12 of the National Voter Registration Act 

of 1993 (52 U.S.C. 20511) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including information on how individuals may report allegations of violations of 

such prohibitions.’’. 

Subtitle B—Access to Voting for Individuals With 

Disabilities 

SEC. 1101. REQUIREMENTS FOR STATES TO PROMOTE ACCESS TO VOTER REGISTRATION AND 

VOTING FOR INDIVIDUALS WITH DISABILITIES. 

(a) REQUIREMENTS.—Subtitle A of title III of the Help America Vote Act of 2002 

(52 U.S.C. 21081 et seq.), as amended by section 1031(a), is amended— 

(1) by redesignating sections 305 and 306 as sections 306 and 307; and 

(2) by inserting after section 304 the following new section: 

‘‘SEC. 305. ACCESS TO VOTER REGISTRATION AND VOTING FOR INDIVIDUALS WITH DISABILITIES. 

‘‘(a) TREATMENT OF APPLICATIONS AND BALLOTS.—Each State shall— 

‘‘(1) permit individuals with disabilities to use absentee registration procedures and to vote by absentee ballot in elections for Federal office; 

‘‘(2) accept and process, with respect to any election for Federal office, any 

otherwise valid voter registration application and absentee ballot application 

from an individual with a disability if the application is received by the appropriate State election official within the deadline for the election which is applicable under Federal law; 

‘‘(3) in addition to any other method of registering to vote or applying for an 

absentee ballot in the State, establish procedures— 

‘‘(A) for individuals with disabilities to request by mail and electronically 

voter registration applications and absentee ballot applications with respect 

to elections for Federal office in accordance with subsection (c); 

‘‘(B) for States to send by mail and electronically (in accordance with the 

preferred method of transmission designated by the individual under subparagraph (C)) voter registration applications and absentee ballot applications requested under subparagraph (A) in accordance with subsection (c); 

and 


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‘‘(C) by which such an individual can designate whether the individual 

prefers that such voter registration application or absentee ballot application be transmitted by mail or electronically; 

‘‘(4) in addition to any other method of transmitting blank absentee ballots 

in the State, establish procedures for transmitting by mail and electronically 

blank absentee ballots to individuals with disabilities with respect to elections 

for Federal office in accordance with subsection (d); 

‘‘(5) transmit a validly requested absentee ballot to an individual with a disability— 

‘‘(A) except as provided in subsection (e), in the case in which the request 

is received at least 45 days before an election for Federal office, not later 

than 45 days before the election; and 

‘‘(B) in the case in which the request is received less than 45 days before 

an election for Federal office— 

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

‘‘(ii) if practicable and as determined appropriate by the State, in a 

manner that expedites the transmission of such absentee ballot; and 

‘‘(6) if the State declares or otherwise holds a runoff election for Federal office, 

establish a written plan that provides absentee ballots are made available to 

individuals with disabilities in a manner that gives them sufficient time to vote 

in the runoff election. 

‘‘(b) DESIGNATION OF SINGLE STATE OFFICE TO PROVIDE INFORMATION ON REGISTRATION AND ABSENTEE BALLOT PROCEDURES FOR ALL DISABLED VOTERS IN

STATE.—Each State shall designate a single office which shall be responsible for providing information regarding voter registration procedures and absentee ballot procedures to be used by individuals with disabilities with respect to elections for Federal office to all individuals with disabilities who wish to register to vote or vote 

in any jurisdiction in the State. 

‘‘(c) DESIGNATION OF MEANS OF ELECTRONIC COMMUNICATION FOR INDIVIDUALS

WITH DISABILITIES TO REQUEST AND FOR STATES TO SEND VOTER REGISTRATION AP- PLICATIONS AND ABSENTEE BALLOT APPLICATIONS, AND FOR OTHER PURPOSES RELATED TO VOTING INFORMATION.— 

‘‘(1) IN GENERAL.—Each State shall, in addition to the designation of a single 

State office under subsection (b), designate not less than 1 means of electronic 

communication— 

‘‘(A) for use by individuals with disabilities who wish to register to vote 

or vote in any jurisdiction in the State to request voter registration applications and absentee ballot applications under subsection (a)(3); 

‘‘(B) for use by States to send voter registration applications and absentee 

ballot applications requested under such subsection; and 

‘‘(C) for the purpose of providing related voting, balloting, and election information to individuals with disabilities. 

‘‘(2) CLARIFICATION REGARDING PROVISION OF MULTIPLE MEANS OF ELECTRONIC

COMMUNICATION.—A State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to 

individuals with disabilities, including a means of electronic communication for 

the appropriate jurisdiction of the State. 

‘‘(3) INCLUSION OF DESIGNATED MEANS OF ELECTRONIC COMMUNICATION WITH

INFORMATIONAL AND INSTRUCTIONAL MATERIALS THAT ACCOMPANY BALLOTING

MATERIALS.—Each State shall include a means of electronic communication so 

designated with all informational and instructional materials that accompany 

balloting materials sent by the State to individuals with disabilities. 

‘‘(4) TRANSMISSION IF NO PREFERENCE INDICATED.—In the case where an individual with a disability does not designate a preference under subsection 

(a)(3)(C), the State shall transmit the voter registration application or absentee 

ballot application by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. 

‘‘(d) TRANSMISSION OF BLANK ABSENTEE BALLOTS BY MAIL AND ELECTRONICALLY.— 

‘‘(1) IN GENERAL.—Each State shall establish procedures— 

‘‘(A) to securely transmit blank absentee ballots by mail and electronically 

(in accordance with the preferred method of transmission designated by the 

individual with a disability under subparagraph (B)) to individuals with 

disabilities for an election for Federal office; and 

‘‘(B) by which the individual with a disability can designate whether the 

individual prefers that such blank absentee ballot be transmitted by mail 

or electronically. 

‘‘(2) TRANSMISSION IF NO PREFERENCE INDICATED.—In the case where an individual with a disability does not designate a preference under paragraph (1)(B), 


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the State shall transmit the ballot by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. 

‘‘(3) APPLICATION OF METHODS TO TRACK DELIVERY TO AND RETURN OF BALLOT

BY INDIVIDUAL REQUESTING BALLOT.—Under the procedures established under 

paragraph (1), the State shall apply such methods as the State considers appropriate, such as assigning a unique identifier to the ballot, to ensure that if an 

individual with a disability requests the State to transmit a blank absentee ballot to the individual in accordance with this subsection, the voted absentee ballot which is returned by the individual is the same blank absentee ballot which 

the State transmitted to the individual. 

‘‘(e) HARDSHIP EXEMPTION.— 

‘‘(1) IN GENERAL.—If the chief State election official determines that the State 

is unable to meet the requirement under subsection (a)(5)(A) with respect to an 

election for Federal office due to an undue hardship described in paragraph 

(2)(B), the chief State election official shall request that the Attorney General 

grant a waiver to the State of the application of such subsection. Such request 

shall include— 

‘‘(A) a recognition that the purpose of such subsection is to individuals 

with disabilities enough time to vote in an election for Federal office; 

‘‘(B) an explanation of the hardship that indicates why the State is unable to transmit such individuals an absentee ballot in accordance with 

such subsection; 

‘‘(C) the number of days prior to the election for Federal office that the 

State requires absentee ballots be transmitted to such individuals; and 

‘‘(D) a comprehensive plan to ensure that such individuals are able to receive absentee ballots which they have requested and submit marked absentee ballots to the appropriate State election official in time to have that 

ballot counted in the election for Federal office, which includes— 

‘‘(i) the steps the State will undertake to ensure that such individuals 

have time to receive, mark, and submit their ballots in time to have 

those ballots counted in the election; 

‘‘(ii) why the plan provides such individuals sufficient time to vote as 

a substitute for the requirements under such subsection; and 

‘‘(iii) the underlying factual information which explains how the plan 

provides such sufficient time to vote as a substitute for such requirements. 

‘‘(2) APPROVAL OF WAIVER REQUEST.—The Attorney General shall approve a 

waiver request under paragraph (1) if the Attorney General determines each of 

the following requirements are met: 

‘‘(A) The comprehensive plan under subparagraph (D) of such paragraph 

provides individuals with disabilities sufficient time to receive absentee ballots they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office. 

‘‘(B) One or more of the following issues creates an undue hardship for 

the State: 

‘‘(i) The State’s primary election date prohibits the State from complying with subsection (a)(5)(A). 

‘‘(ii) The State has suffered a delay in generating ballots due to a 

legal contest. 

‘‘(iii) The State Constitution prohibits the State from complying with 

such subsection. 

‘‘(3) TIMING OF WAIVER.— 

‘‘(A) IN GENERAL.—Except as provided under subparagraph (B), a State 

that requests a waiver under paragraph (1) shall submit to the Attorney 

General the written waiver request not later than 90 days before the election for Federal office with respect to which the request is submitted. The 

Attorney General shall approve or deny the waiver request not later than 

65 days before such election. 

‘‘(B) EXCEPTION.—If a State requests a waiver under paragraph (1) as the 

result of an undue hardship described in paragraph (2)(B)(ii), the State 

shall submit to the Attorney General the written waiver request as soon as 

practicable. The Attorney General shall approve or deny the waiver request 

not later than 5 business days after the date on which the request is received. 

‘‘(4) APPLICATION OF WAIVER.—A waiver approved under paragraph (2) shall 

only apply with respect to the election for Federal office for which the request 

was submitted. For each subsequent election for Federal office, the Attorney 


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General shall only approve a waiver if the State has submitted a request under 

paragraph (1) with respect to such election. 

‘‘(f) RULE OF CONSTRUCTION.—Nothing in this section may be construed to allow 

the marking or casting of ballots over the internet. 

‘‘(g) INDIVIDUAL WITH A DISABILITY DEFINED.—In this section, an ‘individual with 

a disability’ means an individual with an impairment that substantially limits any 

major life activities and who is otherwise qualified to vote in elections for Federal 

office. 

‘‘(h) EFFECTIVE DATE.—This section shall apply with respect to elections for Federal office held on or after January 1, 2020.’’. 

(b) CONFORMING AMENDMENT RELATING TO ISSUANCE OF VOLUNTARY GUIDANCE

BY ELECTION ASSISTANCE COMMISSION.—Section 311(b) of such Act (52 U.S.C. 

21101(b)) is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (2); 

(2) by striking the period at the end of paragraph (3) and inserting ‘‘; and’’; 

and 

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

‘‘(4) in the case of the recommendations with respect to section 305, January 

1, 2020.’’. 

(c) CLERICAL AMENDMENT.—The table of contents of such Act, as amended by section 1031(c), is amended— 

(1) by redesignating the items relating to sections 305 and 306 as relating to 

sections 306 and 307; and 

(2) by inserting after the item relating to section 304 the following new item: 

‘‘Sec. 305. Access to voter registration and voting for individuals with disabilities.’’. 

SEC. 1102. EXPANSION AND REAUTHORIZATION OF GRANT PROGRAM TO ASSURE VOTING ACCESS FOR INDIVIDUALS WITH DISABILITIES. 

(a) PURPOSES OF PAYMENTS.—Section 261(b) of the Help America Vote Act of 2002 

(52 U.S.C. 21021(b)) is amended by striking paragraphs (1) and (2) and inserting 

the following: 

‘‘(1) making absentee voting and voting at home accessible to individuals with 

the full range of disabilities (including impairments involving vision, hearing, 

mobility, or dexterity) through the implementation of accessible absentee voting 

systems that work in conjunction with assistive technologies for which individuals have access at their homes, independent living centers, or other facilities; 

‘‘(2) making polling places, including the path of travel, entrances, exits, and 

voting areas of each polling facility, accessible to individuals with disabilities, 

including the blind and visually impaired, in a manner that provides the same 

opportunity for access and participation (including privacy and independence) as 

for other voters; and 

‘‘(3) providing solutions to problems of access to voting and elections for individuals with disabilities that are universally designed and provide the same opportunities for individuals with and without disabilities.’’. 

(b) REAUTHORIZATION.—Section 264(a) of such Act (52 U.S.C. 21024(a)) is amended by adding at the end the following new paragraph: 

‘‘(4) For fiscal year 2020 and each succeeding fiscal year, such sums as may 

be necessary to carry out this part.’’. 

(c) PERIOD OF AVAILABILITY OF FUNDS.—Section 264 of such Act (52 U.S.C. 21024) 

is amended— 

(1) in subsection (b), by striking ‘‘Any amounts’’ and inserting ‘‘Except as provided in subsection (b), any amounts’’; and 

(2) by adding at the end the following new subsection: 

‘‘(c) RETURN AND TRANSFER OF CERTAIN FUNDS.— 

‘‘(1) DEADLINE FOR OBLIGATION AND EXPENDITURE.—In the case of any 

amounts appropriated pursuant to the authority of subsection (a) for a payment 

to a State or unit of local government for fiscal year 2020 or any succeeding 

fiscal year, any portion of such amounts which have not been obligated or expended by the State or unit of local government prior to the expiration of the 

4-year period which begins on the date the State or unit of local government 

first received the amounts shall be transferred to the Commission. 

‘‘(2) REALLOCATION OF TRANSFERRED AMOUNTS.— 

‘‘(A) IN GENERAL.—The Commission shall use the amounts transferred 

under paragraph (1) to make payments on a pro rata basis to each covered 

payment recipient described in subparagraph (B), which may obligate and 

expend such payment for the purposes described in section 261(b) during 

the 1-year period which begins on the date of receipt. 


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‘‘(B) COVERED PAYMENT RECIPIENTS DESCRIBED.—In subparagraph (A), a 

‘covered payment recipient’ is a State or unit of local government with respect to which— 

‘‘(i) amounts were appropriated pursuant to the authority of subsection (a); and 

‘‘(ii) no amounts were transferred to the Commission under paragraph (1).’’. 

Subtitle C—Prohibiting Voter Caging 

SEC. 1201. [RESERVED]. 

SEC. 1202. DEVELOPMENT AND ADOPTION OF BEST PRACTICES FOR PREVENTING VOTER 

CAGING. 

(a) BEST PRACTICES.—Not later than 180 days after the date of the enactment of 

this Act, the Election Assistance Commission shall develop and publish for the use 

of States recommendations for best practices to deter and prevent violations of section 613 of title 18, United States Code, as added by section 1201(a), including practices to provide for the posting of relevant information at polling places and voter 

registration agencies, the training of poll workers and election officials, and relevant 

educational measures. For purposes of this subsection, the term ‘‘State’’ includes the 

District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, 

the United States Virgin Islands, and the Commonwealth of the Northern Mariana 

Islands. 

(b) INCLUSION IN VOTING INFORMATION REQUIREMENTS.—Section 302(b)(2) of the 

Help America Vote Act of 2002 (52 U.S.C. 21082(b)(2)), as amended by section 

1072(b), is amended— 

(1) by striking ‘‘and’’ at the end of subparagraph (F); 

(2) by striking the period at the end of subparagraph (G) and inserting ‘‘; 

and’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(H) information relating to the prohibition against voter caging and 

other questionable challenges (as set forth in section 613 of title 18, United 

States Code), including information on how individuals may report allegations of violations of such prohibition.’’. 

Subtitle D—[Reserved] 

Subtitle E—[Reserved] 

Subtitle F—Promoting Accuracy, Integrity, and 

Security Through Voter-Verified Permanent 

Paper Ballot 

SEC. 1501. SHORT TITLE. 

This subtitle may be cited as the ‘‘Voter Confidence and Increased Accessibility 

Act of 2019’’. 

SEC. 1502. PAPER BALLOT AND MANUAL COUNTING REQUIREMENTS. 

(a) IN GENERAL.—Section 301(a)(2) of the Help America Vote Act of 2002 (52 

U.S.C. 21081(a)(2)) is amended to read as follows: 

‘‘(2) PAPER BALLOT REQUIREMENT.— 

‘‘(A) VOTER-VERIFIED PAPER BALLOTS.— 

‘‘(i) PAPER BALLOT REQUIREMENT.—(I) The voting system shall require 

the use of an individual, durable, voter-verified paper ballot of the voter’s vote that shall be marked and made available for inspection and 

verification by the voter before the voter’s vote is cast and counted, and 

which shall be counted by hand or read by an optical character recognition device or other counting device. For purposes of this subclause, the 

term ‘individual, durable, voter-verified paper ballot’ means a paper 

ballot marked by the voter by hand or a paper ballot marked through 

the use of a nontabulating ballot marking device or system, so long as 

the voter shall have the option to mark his or her ballot by hand. 


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‘‘(II) The voting system shall provide the voter with an opportunity 

to correct any error on the paper ballot before the permanent voterverified paper ballot is preserved in accordance with clause (ii). 

‘‘(III) The voting system shall not preserve the voter-verified paper 

ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter’s vote 

without the voter’s consent. 

‘‘(ii) PRESERVATION AS OFFICIAL RECORD.—The individual, durable, 

voter-verified paper ballot used in accordance with clause (i) shall constitute the official ballot and shall be preserved and used as the official 

ballot for purposes of any recount or audit conducted with respect to 

any election for Federal office in which the voting system is used. 

‘‘(iii) MANUAL COUNTING REQUIREMENTS FOR RECOUNTS AND AUDITS.— 

(I) Each paper ballot used pursuant to clause (i) shall be suitable for 

a manual audit, and shall be counted by hand in any recount or audit 

conducted with respect to any election for Federal office. 

‘‘(II) In the event of any inconsistencies or irregularities between any 

electronic vote tallies and the vote tallies determined by counting by 

hand the individual, durable, voter-verified paper ballots used pursuant 

to clause (i), and subject to subparagraph (B), the individual, durable, 

voter-verified paper ballots shall be the true and correct record of the 

votes cast. 

‘‘(iv) APPLICATION TO ALL BALLOTS.—The requirements of this subparagraph shall apply to all ballots cast in elections for Federal office, 

including ballots cast by absent uniformed services voters and overseas 

voters under the Uniformed and Overseas Citizens Absentee Voting Act 

and other absentee voters. 

‘‘(B) SPECIAL RULE FOR TREATMENT OF DISPUTES WHEN PAPER BALLOTS

HAVE BEEN SHOWN TO BE COMPROMISED.— 

‘‘(i) IN GENERAL.—In the event that— 

‘‘(I) there is any inconsistency between any electronic vote tallies 

and the vote tallies determined by counting by hand the individual, 

durable, voter-verified paper ballots used pursuant to subparagraph (A)(i) with respect to any election for Federal office; and 

‘‘(II) it is demonstrated by clear and convincing evidence (as determined in accordance with the applicable standards in the jurisdiction involved) in any recount, audit, or contest of the result of 

the election that the paper ballots have been compromised (by 

damage or mischief or otherwise) and that a sufficient number of 

the ballots have been so compromised that the result of the election 

could be changed, 

the determination of the appropriate remedy with respect to the election shall be made in accordance with applicable State law, except that 

the electronic tally shall not be used as the exclusive basis for determining the official certified result. 

‘‘(ii) RULE FOR CONSIDERATION OF BALLOTS ASSOCIATED WITH EACH

VOTING MACHINE.—For purposes of clause (i), only the paper ballots 

deemed compromised, if any, shall be considered in the calculation of 

whether or not the result of the election could be changed due to the 

compromised paper ballots.’’. 

(b) CONFORMING AMENDMENT CLARIFYING APPLICABILITY OF ALTERNATIVE LANGUAGE ACCESSIBILITY.—Section 301(a)(4) of such Act (52 U.S.C. 21081(a)(4)) is 

amended by inserting ‘‘(including the paper ballots required to be used under paragraph (2))’’ after ‘‘voting system’’. 

(c) OTHER CONFORMING AMENDMENTS.—Section 301(a)(1) of such Act (52 U.S.C. 

21081(a)(1)) is amended— 

(1) in subparagraph (A)(i), by striking ‘‘counted’’ and inserting ‘‘counted, in accordance with paragraphs (2) and (3)’’; 

(2) in subparagraph (A)(ii), by striking ‘‘counted’’ and inserting ‘‘counted, in 

accordance with paragraphs (2) and (3)’’; 

(3) in subparagraph (A)(iii), by striking ‘‘counted’’ each place it appears and 

inserting ‘‘counted, in accordance with paragraphs (2) and (3)’’; and 

(4) in subparagraph (B)(ii), by striking ‘‘counted’’ and inserting ‘‘counted, in 

accordance with paragraphs (2) and (3)’’. 

SEC. 1503. ACCESSIBILITY AND BALLOT VERIFICATION FOR INDIVIDUALS WITH DISABILITIES. 

(a) IN GENERAL.—Section 301(a)(3)(B) of the Help America Vote Act of 2002 (52 

U.S.C. 21081(a)(3)(B)) is amended to read as follows: 


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‘‘(B)(i) ensure that individuals with disabilities and others are given an 

equivalent opportunity to vote, including with privacy and independence, in 

a manner that produces a voter-verified paper ballot as for other voters; 

‘‘(ii) satisfy the requirement of subparagraph (A) through the use of at 

least one voting system equipped for individuals with disabilities, including 

nonvisual and enhanced visual accessibility for the blind and visually impaired, and nonmanual and enhanced manual accessibility for the mobility 

and dexterity impaired, at each polling place; and 

‘‘(iii) meet the requirements of subparagraph (A) and paragraph (2)(A) by 

using a system that— 

‘‘(I) allows the voter to privately and independently verify the permanent paper ballot through the presentation, in accessible form, of the 

printed or marked vote selections from the same printed or marked information that would be used for any vote counting or auditing; and 

‘‘(II) allows the voter to privately and independently verify and cast 

the permanent paper ballot without requiring the voter to manually 

handle the paper ballot.’’. 

(b) SPECIFIC REQUIREMENT OF STUDY, TESTING, AND DEVELOPMENT OF ACCESSIBLE

PAPER BALLOT VERIFICATION MECHANISMS.— (1) STUDY AND REPORTING.—Subtitle C of title II of such Act (52 U.S.C. 21081 

et seq.) is amended— 

(A) by redesignating section 247 as section 248; and 

(B) by inserting after section 246 the following new section: 

‘‘SEC. 247. STUDY AND REPORT ON ACCESSIBLE PAPER BALLOT VERIFICATION MECHANISMS. 

‘‘(a) STUDY AND REPORT.—The Director of the National Science Foundation shall 

make grants to not fewer than 3 eligible entities to study, test, and develop accessible paper ballot voting, verification, and casting mechanisms and devices and best 

practices to enhance the accessibility of paper ballot voting and verification mechanisms for individuals with disabilities, for voters whose primary language is not 

English, and for voters with difficulties in literacy, including best practices for the 

mechanisms themselves and the processes through which the mechanisms are used. 

‘‘(b) ELIGIBILITY.—An entity is eligible to receive a grant under this part if it submits to the Director (at such time and in such form as the Director may require) 

an application containing— 

‘‘(1) certifications that the entity shall specifically investigate enhanced methods or devices, including non-electronic devices, that will assist such individuals 

and voters in marking voter-verified paper ballots and presenting or transmitting the information printed or marked on such ballots back to such individuals 

and voters, and casting such ballots; 

‘‘(2) a certification that the entity shall complete the activities carried out 

with the grant not later than December 31, 2020; and 

‘‘(3) such other information and certifications as the Director may require. 

‘‘(c) AVAILABILITY OF TECHNOLOGY.—Any technology developed with the grants 

made under this section shall be treated as non-proprietary and shall be made available to the public, including to manufacturers of voting systems. 

‘‘(d) COORDINATION WITH GRANTS FOR TECHNOLOGY IMPROVEMENTS.—The Director 

shall carry out this section so that the activities carried out with the grants made 

under subsection (a) are coordinated with the research conducted under the grant 

program carried out by the Commission under section 271, to the extent that the 

Director and Commission determine necessary to provide for the advancement of accessible voting technology. 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

to carry out subsection (a) $5,000,000, to remain available until expended.’’. 

(2) CLERICAL AMENDMENT.—The table of contents of such Act is amended— 

(A) by redesignating the item relating to section 247 as relating to section 

248; and 

(B) by inserting after the item relating to section 246 the following new 

item: 

‘‘Sec. 247. Study and report on accessible paper ballot verification mechanisms.’’. 

(c) CLARIFICATION OF ACCESSIBILITY STANDARDS UNDER VOLUNTARY VOTING SYSTEM GUIDANCE.—In adopting any voluntary guidance under subtitle B of title III of 

the Help America Vote Act with respect to the accessibility of the paper ballot 

verification requirements for individuals with disabilities, the Election Assistance 

Commission shall include and apply the same accessibility standards applicable 

under the voluntary guidance adopted for accessible voting systems under such subtitle. 

(d) PERMITTING USE OF FUNDS FOR PROTECTION AND ADVOCACY SYSTEMS TO SUPPORT ACTIONS TO ENFORCE ELECTION-RELATED DISABILITY ACCESS.—Section 292(a) 


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of the Help America Vote Act of 2002 (52 U.S.C. 21062(a)) is amended by striking 

‘‘; except that’’ and all that follows and inserting a period. 

SEC. 1504. DURABILITY AND READABILITY REQUIREMENTS FOR BALLOTS. 

Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)) is 

amended by adding at the end the following new paragraph: 

‘‘(7) DURABILITY AND READABILITY REQUIREMENTS FOR BALLOTS.— ‘‘(A) DURABILITY REQUIREMENTS FOR PAPER BALLOTS.— ‘‘(i) IN GENERAL.—All voter-verified paper ballots required to be used 

under this Act shall be marked or printed on durable paper. 

‘‘(ii) DEFINITION.—For purposes of this Act, paper is ‘durable’ if it is 

capable of withstanding multiple counts and recounts by hand without 

compromising the fundamental integrity of the ballots, and capable of 

retaining the information marked or printed on them for the full duration of a retention and preservation period of 22 months. 

‘‘(B) READABILITY REQUIREMENTS FOR PAPER BALLOTS MARKED BY BALLOT

MARKING DEVICE.—All voter-verified paper ballots completed by the voter 

through the use of a ballot marking device shall be clearly readable by the 

voter without assistance (other than eyeglasses or other personal vision enhancing devices) and by an optical character recognition device or other device equipped for individuals with disabilities.’’. 

SEC. 1505. EFFECTIVE DATE FOR NEW REQUIREMENTS. 

Section 301(d) of the Help America Vote Act of 2002 (52 U.S.C. 21081(d)) is 

amended to read as follows: 

‘‘(d) EFFECTIVE DATE.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), each State and jurisdiction shall be required to comply with the requirements of this section on and 

after January 1, 2006. 

‘‘(2) SPECIAL RULE FOR CERTAIN REQUIREMENTS.— ‘‘(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), the 

requirements of this section which are first imposed on a State and jurisdiction pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2019 shall apply with respect to voting systems 

used for any election for Federal office held in 2020 or any succeeding year. 

‘‘(B) DELAY FOR JURISDICTIONS USING CERTAIN PAPER RECORD PRINTERS OR

CERTAIN SYSTEMS USING OR PRODUCING VOTER-VERIFIABLE PAPER RECORDS

IN 2018.— 

‘‘(i) DELAY.—In the case of a jurisdiction described in clause (ii), subparagraph (A) shall apply to a voting system in the jurisdiction as if 

the reference in such subparagraph to ‘2020’ were a reference to ‘2022’, 

but only with respect to the following requirements of this section: 

‘‘(I) Paragraph (2)(A)(i)(I) of subsection (a) (relating to the use of 

voter-verified paper ballots). 

‘‘(II) Paragraph (3)(B)(ii)(I) and (II) of subsection (a) (relating to 

access to verification from and casting of the durable paper ballot). 

‘‘(III) Paragraph (7) of subsection (a) (relating to durability and 

readability requirements for ballots). 

‘‘(ii) JURISDICTIONS DESCRIBED.—A jurisdiction described in this 

clause is a jurisdiction— 

‘‘(I) which used voter verifiable paper record printers attached to 

direct recording electronic voting machines, or which used other 

voting systems that used or produced paper records of the vote 

verifiable by voters but that are not in compliance with paragraphs 

(2)(A)(i)(I), (3)(B)(iii)(I) and (II), and (7) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility 

Act of 2019), for the administration of the regularly scheduled general election for Federal office held in November 2018; and 

‘‘(II) which will continue to use such printers or systems for the 

administration of elections for Federal office held in years before 

2022. 

‘‘(iii) MANDATORY AVAILABILITY OF PAPER BALLOTS AT POLLING PLACES

USING GRANDFATHERED PRINTERS AND SYSTEMS.— 

‘‘(I) REQUIRING BALLOTS TO BE OFFERED AND PROVIDED.—The appropriate election official at each polling place that uses a printer 

or system described in clause (ii)(I) for the administration of elections for Federal office shall offer each individual who is eligible to 

cast a vote in the election at the polling place the opportunity to 

cast the vote using a blank pre-printed paper ballot which the individual may mark by hand and which is not produced by the direct 


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recording electronic voting machine or other such system. The official shall provide the individual with the ballot and the supplies 

necessary to mark the ballot, and shall ensure (to the greatest extent practicable) that the waiting period for the individual to cast 

a vote is the lesser of 30 minutes or the average waiting period for 

an individual who does not agree to cast the vote using such a 

paper ballot under this clause. 

‘‘(II) TREATMENT OF BALLOT.—Any paper ballot which is cast by 

an individual under this clause shall be counted and otherwise 

treated as a regular ballot for all purposes (including by incorporating it into the final unofficial vote count (as defined by the 

State) for the precinct) and not as a provisional ballot, unless the 

individual casting the ballot would have otherwise been required to 

cast a provisional ballot. 

‘‘(III) POSTING OF NOTICE.—The appropriate election official shall 

ensure there is prominently displayed at each polling place a notice 

that describes the obligation of the official to offer individuals the 

opportunity to cast votes using a pre-printed blank paper ballot. 

‘‘(IV) TRAINING OF ELECTION OFFICIALS.—The chief State election 

official shall ensure that election officials at polling places in the 

State are aware of the requirements of this clause, including the 

requirement to display a notice under subclause (III), and are 

aware that it is a violation of the requirements of this title for an 

election official to fail to offer an individual the opportunity to cast 

a vote using a blank pre-printed paper ballot. 

‘‘(V) PERIOD OF APPLICABILITY.—The requirements of this clause 

apply only during the period in which the delay is in effect under 

clause (i). 

‘‘(C) SPECIAL RULE FOR JURISDICTIONS USING CERTAIN NONTABULATING

BALLOT MARKING DEVICES.—In the case of a jurisdiction which uses a nontabulating ballot marking device which automatically deposits the ballot 

into a privacy sleeve, subparagraph (A) shall apply to a voting system in 

the jurisdiction as if the reference in such subparagraph to ‘any election for 

Federal office held in 2020 or any succeeding year’ were a reference to ‘elections for Federal office occurring held in 2022 or each succeeding year’, but 

only with respect to paragraph (3)(B)(iii)(II) of subsection (a) (relating to 

nonmanual casting of the durable paper ballot).’’. 

Subtitle G—Provisional Ballots 

SEC. 1601. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS; ESTABLISHMENT OF UNIFORM AND NONDISCRIMINATORY STANDARDS. 

(a) IN GENERAL.—Section 302 of the Help America Vote Act of 2002 (52 U.S.C. 

21082) is amended— 

(1) by redesignating subsection (d) as subsection (f); and 

(2) by inserting after subsection (c) the following new subsections: 

‘‘(d) STATEWIDE COUNTING OF PROVISIONAL BALLOTS.— 

‘‘(1) IN GENERAL.—For purposes of subsection (a)(4), notwithstanding the precinct or polling place at which a provisional ballot is cast within the State, the 

appropriate election official shall count each vote on such ballot for each election 

in which the individual who cast such ballot is eligible to vote. 

‘‘(2) EFFECTIVE DATE.—This subsection shall apply with respect to elections 

held on or after January 1, 2020. 

‘‘(e) UNIFORM AND NONDISCRIMINATORY STANDARDS.— 

‘‘(1) IN GENERAL.—Consistent with the requirements of this section, each 

State shall establish uniform and nondiscriminatory standards for the issuance, 

handling, and counting of provisional ballots. 

‘‘(2) EFFECTIVE DATE.—This subsection shall apply with respect to elections 

held on or after January 1, 2020.’’. 

(b) CONFORMING AMENDMENT.—Section 302(f) of such Act (52 U.S.C. 21082(f)), as 

redesignated by subsection (a), is amended by striking ‘‘Each State’’ and inserting 

‘‘Except as provided in subsections (d)(2) and (e)(2), each State’’. 


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Subtitle H—Early Voting 

SEC. 1611. EARLY VOTING. 

(a) REQUIREMENTS.—Subtitle A of title III of the Help America Vote Act of 2002 

(52 U.S.C. 21081 et seq.), as amended by section 1031(a) and section 1101(a), is 

amended— 

(1) by redesignating sections 306 and 307 as sections 307 and 308; and 

(2) by inserting after section 305 the following new section: 

‘‘SEC. 306. EARLY VOTING. 

‘‘(a) REQUIRING VOTING PRIOR TO DATE OF ELECTION.— ‘‘(1) IN GENERAL.—Each State shall allow individuals to vote in an election for 

Federal office during an early voting period which occurs prior to the date of 

the election, in the same manner as voting is allowed on such date. 

‘‘(2) LENGTH OF PERIOD.—The early voting period required under this subsection with respect to an election shall consist of a period of consecutive days 

(including weekends) which begins on the 15th day before the date of the election (or, at the option of the State, on a day prior to the 15th day before the 

date of the election) and ends on the date of the election. 

‘‘(b) MINIMUM EARLY VOTING REQUIREMENTS.—Each polling place which allows 

voting during an early voting period under subsection (a) shall— 

‘‘(1) allow such voting for no less than 4 hours on each day, except that the 

polling place may allow such voting for fewer than 4 hours on Sundays; and 

‘‘(2) have uniform hours each day for which such voting occurs. 

‘‘(c) LOCATION OF POLLING PLACES NEAR PUBLIC TRANSPORTATION.—To the greatest extent practicable, a State shall ensure that each polling place which allows voting during an early voting period under subsection (a) is located within walking distance of a stop on a public transportation route. 

‘‘(d) STANDARDS.— ‘‘(1) IN GENERAL.—The Commission shall issue standards for the administration of voting prior to the day scheduled for a Federal election. Such standards 

shall include the nondiscriminatory geographic placement of polling places at 

which such voting occurs. 

‘‘(2) DEVIATION.—The standards described in paragraph (1) shall permit 

States, upon providing adequate public notice, to deviate from any requirement 

in the case of unforeseen circumstances such as a natural disaster, terrorist attack, or a change in voter turnout. 

‘‘(e) EFFECTIVE DATE.—This section shall apply with respect to elections held on 

or after January 1, 2020.’’. 

(b) CONFORMING AMENDMENT RELATING TO ISSUANCE OF VOLUNTARY GUIDANCE

BY ELECTION ASSISTANCE COMMISSION.—Section 311(b) of such Act (52 U.S.C. 

21101(b)), as amended by section 1101(b), is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (3); 

(2) by striking the period at the end of paragraph (4) and inserting ‘‘; and’’; 

and 

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

‘‘(5) in the case of the recommendations with respect to section 306, June 30, 

2020.’’. 

(c) CLERICAL AMENDMENT.—The table of contents of such Act, as amended by section 1031(c) and section 1101(d), is amended— 

(1) by redesignating the items relating to sections 306 and 307 as relating to 

sections 307 and 308; and 

(2) by inserting after the item relating to section 305 the following new item: 

‘‘Sec. 306. Early voting.’’. 

Subtitle I—Voting by Mail 

SEC. 1621. VOTING BY MAIL. 

(a) REQUIREMENTS.—Subtitle A of title III of the Help America Vote Act of 2002 

(52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1101(a), and section 1611(a), is amended— 

(1) by redesignating sections 307 and 308 as sections 308 and 309; and 

(2) by inserting after section 306 the following new section: 

‘‘SEC. 307. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL. 

‘‘(a) IN GENERAL.—If an individual in a State is eligible to cast a vote in an election for Federal office, the State may not impose any additional conditions or reVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00036 Fmt 6659 Sfmt 6621 E:\HR\OC\HR015P1.XXX HR015P1

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quirements on the eligibility of the individual to cast the vote in such election by 

absentee ballot by mail, except as required under subsection (b) and except to the 

extent that the State imposes a deadline for requesting the ballot and related voting 

materials from the appropriate State or local election official and for returning the 

ballot to the appropriate State or local election official. 

‘‘(b) REQUIRING SIGNATURE VERIFICATION.— 

‘‘(1) REQUIREMENT.—A State may not accept and process an absentee ballot 

submitted by any individual with respect to an election for Federal office unless 

the State verifies the identification of the individual by comparing the individual’s signature on the absentee ballot with the individual’s signature on the official list of registered voters in the State, in accordance with such procedures 

as the State may adopt (subject to the requirements of paragraph (2)). 

‘‘(2) DUE PROCESS REQUIREMENTS.— 

‘‘(A) NOTICE AND OPPORTUNITY TO CURE DISCREPANCY.—If an individual 

submits an absentee ballot and the appropriate State or local election official determines that a discrepancy exists between the signature on such 

ballot and the signature of such individual on the official list of registered 

voters in the State, such election official, prior to making a final determination as to the validity of such ballot, shall make a good faith effort to immediately notify such individual by mail, telephone, and (if available) electronic mail that— 

‘‘(i) a discrepancy exists between the signature on such ballot and the 

signature of such individual on the official list of registered voters in 

the State; 

‘‘(ii) such individual may provide the official with information to cure 

such discrepancy, either in person, by telephone, or by electronic methods; and 

‘‘(iii) if such discrepancy is not cured prior to the expiration of the 

7-day period which begins on the date of the election, such ballot will 

not be counted. 

‘‘(B) OTHER REQUIREMENTS.—An election official may not make a determination that a discrepancy exists between the signature on an absentee 

ballot and the signature of the individual who submits the ballot on the official list of registered voters in the State unless— 

‘‘(i) at least 2 election officials make the determination; and 

‘‘(ii) each official who makes the determination has received training 

in procedures used to verify signatures. 

‘‘(c) DEADLINE FOR PROVIDING BALLOTING MATERIALS.—If an individual requests 

to vote by absentee ballot in an election for Federal office, the appropriate State or 

local election official shall ensure that the ballot and relating voting materials are 

received by the individual— 

‘‘(1) not later than 2 weeks before the date of the election; or 

‘‘(2) in the case of a State which imposes a deadline for requesting an absentee ballot and related voting materials which is less than 2 weeks before the 

date of the election, as expeditiously as possible. 

‘‘(d) ACCESSIBILITY FOR INDIVIDUALS WITH DISABILITIES.—Consistent with section 

305, the State shall ensure that all absentee ballots and related voting materials 

in elections for Federal office are accessible to individuals with disabilities in a manner that provides the same opportunity for access and participation (including with 

privacy and independence) as for other voters. 

‘‘(e) UNIFORM DEADLINE FOR ACCEPTANCE OF MAILED BALLOTS.—If a ballot submitted by an individual by mail with respect to an election for Federal office in a 

State is postmarked on or before the date of the election, the State may not refuse 

to accept or process the ballot on the grounds that the individual did not meet a 

deadline for returning the ballot to the appropriate State or local election official. 

‘‘(f) NO EFFECT ON BALLOTS SUBMITTED BY ABSENT MILITARY AND OVERSEAS VOTERS.—Nothing in this section may be construed to affect the treatment of any ballot 

submitted by an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). 

‘‘(g) EFFECTIVE DATE.—This section shall apply with respect to elections held on 

or after January 1, 2020.’’. 

(b) CONFORMING AMENDMENT RELATING TO ISSUANCE OF VOLUNTARY GUIDANCE

BY ELECTION ASSISTANCE COMMISSION.—Section 311(b) of such Act (52 U.S.C. 

21101(b)), as amended by section 1101(b) and section 1611(b), is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (4); 

(2) by striking the period at the end of paragraph (5) and inserting ‘‘; and’’; 

and 

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


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‘‘(6) in the case of the recommendations with respect to section 307, June 30, 

2020.’’. 

(c) CLERICAL AMENDMENT.—The table of contents of such Act, as amended by section 1031(c), section 1101(d), and section 1611(c), is amended— 

(1) by redesignating the items relating to sections 307 and 308 as relating to 

sections 308 and 309; and 

(2) by inserting after the item relating to section 306 the following new item: 

‘‘Sec. 307. Promoting ability of voters to vote by mail.’’. 

(d) DEVELOPMENT OF BIOMETRIC VERIFICATION.— 

(1) DEVELOPMENT OF STANDARDS.—The National Institute of Standards, in 

consultation with the Election Assistance Commission, shall develop standards 

for the use of biometric methods which could be used voluntarily in place of the 

signature verification requirements of section 307(b) of the Help America Vote 

Act of 2002 (as added by subsection (a)) for purposes of verifying the identification of an individual voting by absentee ballot in elections for Federal office. 

(2) PUBLIC NOTICE AND COMMENT.—The National Institute of Standards shall 

solicit comments from the public in the development of standards under paragraph (1). 

(3) DEADLINE.—Not later than one year after the date of the enactment of this 

Act, the National Institute of Standards shall publish the standards developed 

under paragraph (1). 

Subtitle J—Absent Uniformed Services Voters and 

Overseas Voters 

SEC. 1701. PRE-ELECTION REPORTS ON AVAILABILITY AND TRANSMISSION OF ABSENTEE 

BALLOTS. 

Section 102(c) of the Uniformed and Overseas Citizens Absentee Voting Act (52 

U.S.C. 20302(c)) is amended to read as follows: 

‘‘(c) REPORTS ON AVAILABILITY, TRANSMISSION, AND RECEIPT OF ABSENTEE BALLOTS.— 

‘‘(1) PRE-ELECTION REPORT ON ABSENTEE BALLOT AVAILABILITY.—Not later 

than 55 days before any regularly scheduled general election for Federal office, 

each State shall submit a report to the Attorney General, the Election Assistance Commission (hereafter in this subsection referred to as the ‘Commission’), 

and the Presidential Designee, and make that report publicly available that 

same day, certifying that absentee ballots for the election are or will be available for transmission to absent uniformed services voters and overseas voters 

by not later than 45 days before the election. The report shall be in a form prescribed jointly by the Attorney General and the Commission and shall require 

the State to certify specific information about ballot availability from each unit 

of local government which will administer the election. 

‘‘(2) PRE-ELECTION REPORT ON ABSENTEE BALLOT TRANSMISSION.—Not later 

than 43 days before any regularly scheduled general election for Federal office, 

each State shall submit a report to the Attorney General, the Commission, and 

the Presidential Designee, and make that report publicly available that same 

day, certifying whether all absentee ballots have been transmitted by not later 

than 45 days before the election to all qualified absent uniformed services and 

overseas voters whose requests were received at least 45 days before the election. The report shall be in a form prescribed jointly by the Attorney General 

and the Commission, and shall require the State to certify specific information 

about ballot transmission, including the total numbers of ballot requests received and ballots transmitted, from each unit of local government which will 

administer the election. 

‘‘(3) POST-ELECTION REPORT ON NUMBER OF ABSENTEE BALLOTS TRANSMITTED

AND RECEIVED.—Not later than 90 days after the date of each regularly scheduled general election for Federal office, each State and unit of local government 

which administered the election shall (through the State, in the case of a unit 

of local government) submit a report to the Attorney General, the Commission, 

and the Presidential Designee on the combined number of absentee ballots 

transmitted to absent uniformed services voters and overseas voters for the 

election and the combined number of such ballots which were returned by such 

voters and cast in the election, and shall make such report available to the general public that same day.’’. 


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SEC. 1702. ENFORCEMENT. 

(a) AVAILABILITY OF CIVIL PENALTIES AND PRIVATE RIGHTS OF ACTION.—Section 

105 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20307) 

is amended to read as follows: 

‘‘SEC. 105. ENFORCEMENT. 

‘‘(a) ACTION BY ATTORNEY GENERAL.— ‘‘(1) IN GENERAL.—The Attorney General may bring civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary 

to carry out this title. 

‘‘(2) PENALTY.—In a civil action brought under paragraph (1), if the court 

finds that the State violated any provision of this title, it may, to vindicate the 

public interest, assess a civil penalty against the State— ‘‘(A) in an amount not to exceed $110,000 for each such violation, in the 

case of a first violation; or ‘‘(B) in an amount not to exceed $220,000 for each such violation, for any 

subsequent violation. 

‘‘(3) REPORT TO CONGRESS.—Not later than December 31 of each year, the Attorney General shall submit to Congress an annual report on any civil action 

brought under paragraph (1) during the preceding year. 

‘‘(b) PRIVATE RIGHT OF ACTION.—A person who is aggrieved by a State’s violation 

of this title may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. 

‘‘(c) STATE AS ONLY NECESSARY DEFENDANT.—In any action brought under this 

section, the only necessary party defendant is the State, and it shall not be a defense to any such action that a local election official or a unit of local government 

is not named as a defendant, notwithstanding that a State has exercised the authority described in section 576 of the Military and Overseas Voter Empowerment Act 

to delegate to another jurisdiction in the State any duty or responsibility which is 

the subject of an action brought under this section.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to violations alleged to have occurred on or after the date of the enactment 

of this Act. 

SEC. 1703. REVISIONS TO 45-DAY ABSENTEE BALLOT TRANSMISSION RULE. 

(a) REPEAL OF WAIVER AUTHORITY.— (1) IN GENERAL.—Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302) is amended by striking subsection (g). 

(2) CONFORMING AMENDMENT.—Section 102(a)(8)(A) of such Act (52 U.S.C. 

20302(a)(8)(A)) is amended by striking ‘‘except as provided in subsection (g),’’. 

(b) REQUIRING USE OF EXPRESS DELIVERY IN CASE OF FAILURE TO MEET REQUIRE- MENT.—Section 102 of such Act (52 U.S.C. 20302), as amended by subsection (a), 

is amended by inserting after subsection (f) the following new subsection: 

‘‘(g) REQUIRING USE OF EXPRESS DELIVERY IN CASE OF FAILURE TO TRANSMIT BALLOTS WITHIN DEADLINES.— 

‘‘(1) TRANSMISSION OF BALLOT BY EXPRESS DELIVERY.—If a State fails to meet 

the requirement of subsection (a)(8)(A) to transmit a validly requested absentee 

ballot to an absent uniformed services voter or overseas voter not later than 45 

days before the election (in the case in which the request is received at least 

45 days before the election)— 

‘‘(A) the State shall transmit the ballot to the voter by express delivery; 

or 

‘‘(B) in the case of a voter who has designated that absentee ballots be 

transmitted electronically in accordance with subsection (f)(1), the State 

shall transmit the ballot to the voter electronically. 

‘‘(2) SPECIAL RULE FOR TRANSMISSION FEWER THAN 40 DAYS BEFORE THE ELECTION.—If, in carrying out paragraph (1), a State transmits an absentee ballot 

to an absent uniformed services voter or overseas voter fewer than 40 days before the election, the State shall enable the ballot to be returned by the voter 

by express delivery, except that in the case of an absentee ballot of an absent 

uniformed services voter for a regularly scheduled general election for Federal 

office, the State may satisfy the requirement of this paragraph by notifying the 

voter of the procedures for the collection and delivery of such ballots under section 103A.’’. 

(c) CLARIFICATION OF TREATMENT OF WEEKENDS.—Section 102(a)(8)(A) of such Act 

(52 U.S.C. 20302(a)(8)(A)) is amended by striking ‘‘the election;’’ and inserting the 

following: ‘‘the election (or, if the 45th day preceding the election is a weekend or 

legal public holiday, not later than the most recent weekday which precedes such 

45th day and which is not a legal public holiday, but only if the request is received 

by at least such most recent weekday);’’. 


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SEC. 1704. USE OF SINGLE ABSENTEE BALLOT APPLICATION FOR SUBSEQUENT ELECTIONS. 

(a) IN GENERAL.—Section 104 of the Uniformed and Overseas Citizens Absentee 

Voting Act (52 U.S.C. 20306) is amended to read as follows: 

‘‘SEC. 104. USE OF SINGLE APPLICATION FOR SUBSEQUENT ELECTIONS. 

‘‘(a) IN GENERAL.—If a State accepts and processes an official post card form (prescribed under section 101) submitted by an absent uniformed services voter or overseas voter for simultaneous voter registration and absentee ballot application (in accordance with section 102(a)(4)) and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for Federal office held in the State through the next regularly scheduled general election 

for Federal office (including any runoff elections which may occur as a result of the 

outcome of such general election), the State shall provide an absentee ballot to the 

voter for each such subsequent election. 

‘‘(b) EXCEPTION FOR VOTERS CHANGING REGISTRATION.—Subsection (a) shall not 

apply with respect to a voter registered to vote in a State for any election held after 

the voter notifies the State that the voter no longer wishes to be registered to vote 

in the State or after the State determines that the voter has registered to vote in 

another State or is otherwise no longer eligible to vote in the State. 

‘‘(c) PROHIBITION OF REFUSAL OF APPLICATION ON GROUNDS OF EARLY SUBMISSION.—A State may not refuse to accept or to process, with respect to any election 

for Federal office, any otherwise valid voter registration application or absentee ballot application (including the postcard form prescribed under section 101) submitted 

by an absent uniformed services voter or overseas voter on the grounds that the 

voter submitted the application before the first date on which the State otherwise 

accepts or processes such applications for that election which are submitted by absentee voters who are not members of the uniformed services or overseas citizens.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with 

respect to voter registration and absentee ballot applications which are submitted 

to a State or local election official on or after the date of the enactment of this Act. 

SEC. 1705. EFFECTIVE DATE. 

The amendments made by this subtitle shall apply with respect to elections occurring on or after January 1, 2020. 

Subtitle K—Poll Worker Recruitment and 

Training 

SEC. 1801. [RESERVED]. 

SEC. 1802. GRANTS TO STATES FOR POLL WORKER RECRUITMENT AND TRAINING. 

(a) GRANTS BY ELECTION ASSISTANCE COMMISSION.— 

(1) IN GENERAL.—The Election Assistance Commission (hereafter referred to 

as the ‘‘Commission’’) shall make a grant to each eligible State for recruiting 

and training individuals to serve as poll workers on dates of elections for public 

office. 

(2) USE OF COMMISSION MATERIALS.—In carrying out activities with a grant 

provided under this section, the recipient of the grant shall use the manual prepared by the Commission on successful practices for poll worker recruiting, 

training and retention as an interactive training tool, and shall develop training 

programs with the participation and input of experts in adult learning. 

(b) REQUIREMENTS FOR ELIGIBILITY.— 

(1) APPLICATION.—Each State that desires to receive a payment under this 

section shall submit an application for the payment to the Commission at such 

time and in such manner and containing such information as the Commission 

shall require. 

(2) CONTENTS OF APPLICATION.—Each application submitted under paragraph 

(1) shall— 

(A) describe the activities for which assistance under this section is 

sought; 

(B) provide assurances that the funds provided under this section will be 

used to supplement and not supplant other funds used to carry out the activities; 

(C) provide assurances that the State will furnish the Commission with 

information on the number of individuals who served as poll workers after 

recruitment and training with the funds provided under this section; and 


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(D) provide such additional information and certifications as the Commission determines to be essential to ensure compliance with the requirements 

of this section. 

(c) AMOUNT OF GRANT.— (1) IN GENERAL.—The amount of a grant made to a State under this section 

shall be equal to the product of— 

(A) the aggregate amount made available for grants to States under this 

section; and 

(B) the voting age population percentage for the State. 

(2) VOTING AGE POPULATION PERCENTAGE DEFINED.—In paragraph (1), the 

‘‘voting age population percentage’’ for a State is the quotient of— 

(A) the voting age population of the State (as determined on the basis of 

the most recent information available from the Bureau of the Census); and 

(B) the total voting age population of all States (as determined on the 

basis of the most recent information available from the Bureau of the Census). 

(d) REPORTS TO CONGRESS.— (1) REPORTS BY RECIPIENTS OF GRANTS.—Not later than 6 months after the 

date on which the final grant is made under this section, each recipient of a 

grant shall submit a report to the Commission on the activities conducted with 

the funds provided by the grant. 

(2) REPORTS BY COMMISSION.—Not later than 1 year after the date on which 

the final grant is made under this section, the Commission shall submit a report to Congress on the grants made under this section and the activities carried out by recipients with the grants, and shall include in the report such recommendations as the Commission considers appropriate. 

(e) FUNDING.— (1) CONTINUING AVAILABILITY OF AMOUNT APPROPRIATED.—Any amount appropriated to carry out this section shall remain available without fiscal year limitation until expended. 

(2) ADMINISTRATIVE EXPENSES.—Of the amount appropriated for any fiscal 

year to carry out this section, not more than 3 percent shall be available for 

administrative expenses of the Commission. 

SEC. 1803. STATE DEFINED. 

In this subtitle, the term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, 

and the Commonwealth of the Northern Mariana Islands. 

Subtitle L—Enhancement of Enforcement 

SEC. 1811. ENHANCEMENT OF ENFORCEMENT OF HELP AMERICA VOTE ACT OF 2002. 

(a) COMPLAINTS; AVAILABILITY OF PRIVATE RIGHT OF ACTION.—Section 401 of the 

Help America Vote Act of 2002 (52 U.S.C. 21111) is amended— 

(1) by striking ‘‘The Attorney General’’ and inserting ‘‘(a) IN GENERAL.—The 

Attorney General’’; and 

(2) by adding at the end the following new subsections: 

‘‘(b) FILING OF COMPLAINTS BY AGGRIEVED PERSONS.— 

‘‘(1) IN GENERAL.—A person who is aggrieved by a violation of title III which 

has occurred, is occurring, or is about to occur may file a written, signed, notarized complaint with the Attorney General describing the violation and requesting the Attorney General to take appropriate action under this section. The Attorney General shall immediately provide a copy of a complaint filed under the 

previous sentence to the entity responsible for administering the State-based 

administrative complaint procedures described in section 402(a) for the State involved. 

‘‘(2) RESPONSE BY ATTORNEY GENERAL.—The Attorney General shall respond 

to each complaint filed under paragraph (1), in accordance with procedures established by the Attorney General that require responses and determinations to 

be made within the same (or shorter) deadlines which apply to a State under 

the State-based administrative complaint procedures described in section 

402(a)(2). The Attorney General shall immediately provide a copy of the response made under the previous sentence to the entity responsible for administering the State-based administrative complaint procedures described in section 402(a) for the State involved. 

‘‘(c) AVAILABILITY OF PRIVATE RIGHT OF ACTION.—Any person who is authorized 

to file a complaint under subsection (b)(1) (including any individual who seeks to 

enforce the individual’s right to a voter-verified paper ballot, the right to have the 


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voter-verified paper ballot counted in accordance with this Act, or any other right 

under title III) may file an action under section 1979 of the Revised Statutes of the 

United States (42 U.S.C. 1983) to enforce the uniform and nondiscriminatory election technology and administration requirements under subtitle A of title III. 

‘‘(d) NO EFFECT ON STATE PROCEDURES.—Nothing in this section may be construed to affect the availability of the State-based administrative complaint procedures required under section 402 to any person filing a complaint under this subsection.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to violations occurring with respect to elections for Federal office held in 2020 

or any succeeding year. 

Subtitle M—Federal Election Integrity 

SEC. 1821. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION ADMINISTRATION OFFICIALS. 

(a) IN GENERAL.—Title III of the Federal Election Campaign Act of 1971 (52 

U.S.C. 30101 et seq.) is amended by inserting after section 319 the following new 

section: 

‘‘CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION ADMINISTRATION OFFICIALS

‘‘SEC. 319A. (a) PROHIBITION.—It shall be unlawful for a chief State election administration official to take an active part in political management or in a political 

campaign with respect to any election for Federal office over which such official has 

supervisory authority. 

‘‘(b) CHIEF STATE ELECTION ADMINISTRATION OFFICIAL.—The term ‘chief State 

election administration official’ means the highest State official with responsibility 

for the administration of Federal elections under State law. 

‘‘(c) ACTIVE PART IN POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN.—The 

term ‘active part in political management or in a political campaign’ means— 

‘‘(1) serving as a member of an authorized committee of a candidate for Federal office; 

‘‘(2) the use of official authority or influence for the purpose of interfering 

with or affecting the result of an election for Federal office; 

‘‘(3) the solicitation, acceptance, or receipt of a contribution from any person 

on behalf of a candidate for Federal office; and 

‘‘(4) any other act which would be prohibited under paragraph (2) or (3) of 

section 7323(b) of title 5, United States Code, if taken by an individual to whom 

such paragraph applies (other than any prohibition on running for public office). 

‘‘(d) EXCEPTION IN CASE OF RECUSAL FROM ADMINISTRATION OF ELECTIONS INVOLVING OFFICIAL OR IMMEDIATE FAMILY MEMBER.— 

‘‘(1) IN GENERAL.—This section does not apply to a chief State election administration official with respect to an election for Federal office in which the official or an immediate family member of the official is a candidate, but only if— 

‘‘(A) such official recuses himself or herself from all of the official’s responsibilities for the administration of such election; and 

‘‘(B) the official who assumes responsibility for supervising the administration of the election does not report directly to such official. 

‘‘(2) IMMEDIATE FAMILY MEMBER DEFINED.—In paragraph (1), the term ‘immediate family member’ means, with respect to a candidate, a father, mother, son, 

daughter, brother, sister, husband, wife, father-in-law, or mother-in-law.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply with 

respect to elections for Federal office held after December 2019. 

Subtitle N—Promoting Voter Access Through 

Election Administration Improvements 

PART 1—PROMOTING VOTER ACCESS 

SEC. 1901. TREATMENT OF INSTITUTIONS OF HIGHER EDUCATION. 

(a) TREATMENT OF CERTAIN INSTITUTIONS AS VOTER REGISTRATION AGENCIES

UNDER NATIONAL VOTER REGISTRATION ACT OF 1993.—Section 7(a) of the National 

Voter Registration Act of 1993 (52 U.S.C. 20506(a)) is amended— 

(1) in paragraph (2)— 

(A) by striking ‘‘and’’ at the end of subparagraph (A); 


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(B) by striking the period at the end of subparagraph (B) and inserting 

‘‘; and’’; and 

(C) by adding at the end the following new subparagraph: 

‘‘(C) each institution of higher education which has a program participation agreement in effect with the Secretary of Education under section 487 

of the Higher Education Act of 1965 (20 U.S.C. 1094), other than an institution which is treated as a contributing agency under the Automatic Voter 

Registration Act of 2019.’’; and 

(2) in paragraph (6)(A), by inserting ‘‘or, in the case of an institution of higher 

education, with each registration of a student for enrollment in a course of 

study, including enrollment in a program of distance education, as defined in 

section 103(7) of the Higher Education Act of 1965 (20 U.S.C. 1003(7)),’’ after 

‘‘assistance,’’. 

(b) RESPONSIBILITIES OF INSTITUTIONS UNDER HIGHER EDUCATION ACT OF 1965.— 

(1) IN GENERAL.—Section 487(a)(23) of the Higher Education Act of 1965 (20 

U.S.C. 1094(a)(23)) is amended to read as follows: 

‘‘(23)(A)(i) The institution will ensure that an appropriate staff person or office is designated publicly as a ‘Campus Vote Coordinator’ and will ensure that 

such person’s or office’s contact information is included on the institution’s 

website. 

‘‘(ii) Not fewer than twice during each calendar year (beginning with 2020), 

the Campus Vote Coordinator shall transmit electronically to each student enrolled in the institution (including students enrolled in distance education programs) a message containing the following information: 

‘‘(I) Information on the location of polling places in the jurisdiction in 

which the institution is located, together with information on available 

methods of transportation to and from such polling places. 

‘‘(II) A referral to a government-affiliated website or online platform 

which provides centralized voter registration information for all States, including access to applicable voter registration forms and information to assist individuals who are not registered to vote in registering to vote. 

‘‘(III) Any additional voter registration and voting information the Coordinator considers appropriate, in consultation with the appropriate State election official. 

‘‘(iii) In addition to transmitting the message described in clause (ii) not fewer 

than twice during each calendar year, the Campus Vote Coordinator shall 

transmit the message under such clause not fewer than 30 days prior to the 

deadline for registering to vote for any election for Federal, State, or local office 

in the State. 

‘‘(B) If the institution in its normal course of operations requests each student 

registering for enrollment in a course of study, including students registering 

for enrollment in a program of distance education, to affirm whether or not the 

student is a United States citizen, the institution will comply with the applicable requirements for a contributing agency under the Automatic Voter Registration Act of 2019. 

‘‘(C) If the institution is not described in subparagraph (B), the institution will 

comply with the requirements for a voter registration agency in the State in 

which it is located in accordance with section 7 of the National Voter Registration Act of 1993 (52 U.S.C. 20506). 

‘‘(D) This paragraph applies only with respect to an institution which is located in a State to which section 4(b) of the National Voter Registration Act of 

1993 (52 U.S.C. 20503(b)) does not apply.’’. 

(2) EFFECTIVE DATE.—The amendments made by this subsection shall apply 

with respect to elections held on or after January 1, 2020. 

(c) GRANTS TO INSTITUTIONS DEMONSTRATING EXCELLENCE IN STUDENT VOTER

REGISTRATION.— 

(1) GRANTS AUTHORIZED.—The Secretary of Education may award competitive 

grants to public and private nonprofit institutions of higher education that are 

subject to the requirements of section 487(a)(23) of the Higher Education Act 

of 1965 (20 U.S.C. 1094(a)(23)), as amended by subsection (a) and that the Secretary determines have demonstrated excellence in registering students to vote 

in elections for public office beyond meeting the minimum requirements of such 

section. 

(2) ELIGIBILITY.—An institution of higher education is eligible to receive a 

grant under this subsection if the institution submits to the Secretary of Education, at such time and in such form as the Secretary may require, an application containing such information and assurances as the Secretary may require 

to make the determination described in paragraph (1), including information 


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and assurances that the institution carried out activities to promote voter registration by students, such as the following: 

(A) Sponsoring large on-campus voter mobilization efforts. 

(B) Engaging the surrounding community in nonpartisan voter registration and get out the vote efforts. 

(C) Creating a website for students with centralized information about 

voter registration and election dates. 

(D) Inviting candidates to speak on campus. 

(E) Offering rides to students to the polls to increase voter education, registration, and mobilization. 

(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated for fiscal year 2020 and each succeeding fiscal year such sums as may 

be necessary to award grants under this subsection. 

(d) SENSE OF CONGRESS RELATING TO OPTION OF STUDENTS TO REGISTER IN JURISDICTION OF INSTITUTION OF HIGHER EDUCATION OR JURISDICTION OF DOMICILE.—It 

is the sense of Congress that, as provided under existing law, students who attend 

an institution of higher education and reside in the jurisdiction of the institution 

while attending the institution should have the option of registering to vote in elections for Federal office in that jurisdiction or in the jurisdiction of their own domicile. 

SEC. 1902. MINIMUM NOTIFICATION REQUIREMENTS FOR VOTERS AFFECTED BY POLLING 

PLACE CHANGES. 

(a) REQUIREMENTS.—Section 302 of the Help America Vote Act of 2002 (52 U.S.C. 

21082), as amended by section 1601(a), is amended— 

(1) by redesignating subsection (f) as subsection (g); and 

(2) by inserting after subsection (e) the following new subsection: 

‘‘(f) MINIMUM NOTIFICATION REQUIREMENTS FOR VOTERS AFFECTED BY POLLING

PLACE CHANGES.— 

‘‘(1) IN GENERAL.—If a State assigns an individual who is a registered voter 

in a State to a polling place with respect to an election for Federal office which 

is not the same polling place to which the individual was previously assigned 

with respect to the most recent election for Federal office in the State in which 

the individual was eligible to vote— 

‘‘(A) the State shall notify the individual of the location of the polling 

place not later than 7 days before the date of the election; or 

‘‘(B) if the State makes such an assignment fewer than 7 days before the 

date of the election and the individual appears on the date of the election 

at the polling place to which the individual was previously assigned, the 

State shall make every reasonable effort to enable the individual to vote on 

the date of the election. 

‘‘(2) EFFECTIVE DATE.—This subsection shall apply with respect to elections 

held on or after January 1, 2020.’’. 

(b) CONFORMING AMENDMENT.—Section 302(g) of such Act (52 U.S.C. 21082(g)), as 

redesignated by subsection (a) and as amended by section 1601(b), is amended by 

striking ‘‘(d)(2) and (e)(2)’’ and inserting ‘‘(d)(2), (e)(2), and (f)(2)’’. 

SEC. 1903. [RESERVED]. 

SEC. 1904. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET IDENTIFICATION REQUIREMENTS FOR VOTING. 

(a) PERMITTING USE OF STATEMENT.—Title III of the Help America Vote Act of 

2002 (52 U.S.C. 21081 et seq.) is amended by inserting after section 303 the following new section: 

‘‘SEC. 303A. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET IDENTIFICATION 

REQUIREMENTS. 

‘‘(a) USE OF STATEMENT.— 

‘‘(1) IN GENERAL.—Except as provided in subsection (c), if a State has in effect 

a requirement that an individual present identification as a condition of receiving and casting a ballot in an election for Federal office, the State shall permit 

the individual to meet the requirement— 

‘‘(A) in the case of an individual who desires to vote in person, by presenting the appropriate State or local election official with a sworn written 

statement, signed by the individual under penalty of perjury, attesting to 

the individual’s identity and attesting that the individual is eligible to vote 

in the election; or 

‘‘(B) in the case of an individual who desires to vote by mail, by submitting with the ballot the statement described in subparagraph (A). 

‘‘(2) DEVELOPMENT OF PRE-PRINTED VERSION OF STATEMENT BY COMMISSION.— 

The Commission shall develop a pre-printed version of the statement described 


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in paragraph (1)(A) which includes a blank space for an individual to provide 

a name and signature for use by election officials in States which are subject 

to paragraph (1). 

‘‘(3) PROVIDING PRE-PRINTED COPY OF STATEMENT.—A State which is subject 

to paragraph (1) shall— 

‘‘(A) make copies of the pre-printed version of the statement described in 

paragraph (1)(A) which is prepared by the Commission available at polling 

places for election officials to distribute to individuals who desire to vote in 

person; and 

‘‘(B) include a copy of such pre-printed version of the statement with each 

blank absentee or other ballot transmitted to an individual who desires to 

vote by mail. 

‘‘(b) REQUIRING USE OF BALLOT IN SAME MANNER AS INDIVIDUALS PRESENTING

IDENTIFICATION.—An individual who presents or submits a sworn written statement 

in accordance with subsection (a)(1) shall be permitted to cast a ballot in the election in the same manner as an individual who presents identification. 

‘‘(c) EXCEPTION FOR FIRST-TIME VOTERS REGISTERING BY MAIL.—Subsections (a) 

and (b) do not apply with respect to any individual described in paragraph (1) of 

section 303(b) who is required to meet the requirements of paragraph (2) of such 

section.’’. 

(b) REQUIRING STATES TO INCLUDE INFORMATION ON USE OF SWORN WRITTEN

STATEMENT IN VOTING INFORMATION MATERIAL POSTED AT POLLING PLACES.—Section 302(b)(2) of such Act (52 U.S.C. 21082(b)(2)), as amended by section 1072(b) and 

section 1202(b), is amended— 

(1) by striking ‘‘and’’ at the end of subparagraph (G); 

(2) by striking the period at the end of subparagraph (H) and inserting ‘‘; 

and’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(I) in the case of a State that has in effect a requirement that an individual present identification as a condition of receiving and casting a ballot 

in an election for Federal office, information on how an individual may 

meet such requirement by presenting a sworn written statement in accordance with section 303A.’’. 

(c) CLERICAL AMENDMENT.—The table of contents of such Act is amended by inserting after the item relating to section 303 the following new item: 

‘‘Sec. 303A. Permitting use of sworn written statement to meet identification requirements.’’. 

(e) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to elections occurring on or after the date of the enactment of this Act. 

SEC. 1905. [RESERVED]. 

SEC. 1906. REIMBURSEMENT FOR COSTS INCURRED BY STATES IN ESTABLISHING PROGRAM 

TO TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS. 

(a) REIMBURSEMENT.—Subtitle D of title II of the Help America Vote Act of 2002 

(42 U.S.C. 15401 et seq.) is amended by adding at the end the following new part: 

‘‘PART 7—PAYMENTS TO REIMBURSE STATES FOR 

COSTS INCURRED IN ESTABLISHING PROGRAM TO 

TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS 

‘‘SEC. 297. PAYMENTS TO STATES. 

‘‘(a) PAYMENTS FOR COSTS OF ESTABLISHING PROGRAM.—In accordance with this 

section, the Commission shall make a payment to a State to reimburse the State 

for the costs incurred in establishing, if the State so chooses to establish, an absentee ballot tracking program with respect to elections for Federal office held in the 

State (including costs incurred prior to the date of the enactment of this part). 

‘‘(b) ABSENTEE BALLOT TRACKING PROGRAM DESCRIBED.— 

‘‘(1) PROGRAM DESCRIBED.— 

‘‘(A) IN GENERAL.—In this part, an ‘absentee ballot tracking program’ is 

a program to track and confirm the receipt of absentee ballots in an election 

for Federal office under which the State or local election official responsible 

for the receipt of voted absentee ballots in the election carries out procedures to track and confirm the receipt of such ballots, and makes information on the receipt of such ballots available to the individual who cast the 

ballot, by means of online access using the Internet site of the official’s office. 


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‘‘(B) INFORMATION ON WHETHER VOTE WAS COUNTED.—The information referred to under subparagraph (A) with respect to the receipt of an absentee 

ballot shall include information regarding whether the vote cast on the ballot was counted, and, in the case of a vote which was not counted, the reasons therefor. 

‘‘(2) USE OF TOLL-FREE TELEPHONE NUMBER BY OFFICIALS WITHOUT INTERNET

SITE.—A program established by a State or local election official whose office 

does not have an Internet site may meet the description of a program under 

paragraph (1) if the official has established a toll-free telephone number that 

may be used by an individual who cast an absentee ballot to obtain the information on the receipt of the voted absentee ballot as provided under such paragraph. 

‘‘(c) CERTIFICATION OF COMPLIANCE AND COSTS.— ‘‘(1) CERTIFICATION REQUIRED.—In order to receive a payment under this section, a State shall submit to the Commission a statement containing— 

‘‘(A) a certification that the State has established an absentee ballot 

tracking program with respect to elections for Federal office held in the 

State; and 

‘‘(B) a statement of the costs incurred by the State in establishing the 

program. 

‘‘(2) AMOUNT OF PAYMENT.—The amount of a payment made to a State under 

this section shall be equal to the costs incurred by the State in establishing the 

absentee ballot tracking program, as set forth in the statement submitted under 

paragraph (1), except that such amount may not exceed the product of— 

‘‘(A) the number of jurisdictions in the State which are responsible for operating the program; and ‘‘(B) $3,000. 

‘‘(3) LIMIT ON NUMBER OF PAYMENTS RECEIVED.—A State may not receive more 

than one payment under this part. 

‘‘SEC. 297A. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) AUTHORIZATION.—There are authorized to be appropriated to the Commission 

for fiscal year 2020 and each succeeding fiscal year such sums as may be necessary 

for payments under this part. 

‘‘(b) CONTINUING AVAILABILITY OF FUNDS.—Any amounts appropriated pursuant 

to the authorization under this section shall remain available until expended.’’. 

(b) CLERICAL AMENDMENT.—The table of contents of such Act is amended by adding at the end of the items relating to subtitle D of title II the following: 

‘‘PART 7—PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN ESTABLISHING PROGRAM TO TRACK AND

CONFIRM RECEIPT OF ABSENTEE BALLOTS

‘‘Sec. 297. Payments to States. 

‘‘Sec. 297A. Authorization of appropriations.’’. 

SEC. 1907. VOTER INFORMATION RESPONSE SYSTEMS AND HOTLINE. 

(a) ESTABLISHMENT AND OPERATION OF SYSTEMS AND SERVICES.— (1) STATE-BASED RESPONSE SYSTEMS.—The Attorney General shall coordinate 

the establishment of a State-based response system for responding to questions 

and complaints from individuals voting or seeking to vote, or registering to vote 

or seeking to register to vote, in elections for Federal office. Such system shall 

provide— 

(A) State-specific, same-day, and immediate assistance to such individuals, including information on how to register to vote, the location and 

hours of operation of polling places, and how to obtain absentee ballots; and 

(B) State-specific, same-day, and immediate assistance to individuals encountering problems with registering to vote or voting, including individuals encountering intimidation or deceptive practices. 

(2) HOTLINE.—The Attorney General, in consultation with State election officials, shall establish and operate a toll-free telephone service, using a telephone 

number that is accessible throughout the United States and that uses easily 

identifiable numerals, through which individuals throughout the United 

States— 

(A) may connect directly to the State-based response system described in 

paragraph (1) with respect to the State involved; 

(B) may obtain information on voting in elections for Federal office, including information on how to register to vote in such elections, the locations and hours of operation of polling places, and how to obtain absentee 

ballots; and 

(C) may report information to the Attorney General on problems encountered in registering to vote or voting, including incidences of voter intimidation or suppression. 


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(3) COLLABORATION WITH STATE AND LOCAL ELECTION OFFICIALS.— (A) COLLECTION OF INFORMATION FROM STATES.—The Attorney General 

shall coordinate the collection of information on State and local election 

laws and policies, including information on the Statewide computerized 

voter registration lists maintained under title III of the Help America Vote 

Act of 2002, so that individuals who contact the free telephone service established under paragraph (2) on the date of an election for Federal office 

may receive an immediate response on that day. 

(B) FORWARDING QUESTIONS AND COMPLAINTS TO STATES.—If an individual contacts the free telephone service established under paragraph (2) 

on the date of an election for Federal office with a question or complaint 

with respect to a particular State or jurisdiction within a State, the Attorney General shall forward the question or complaint immediately to the appropriate election official of the State or jurisdiction so that the official may 

answer the question or remedy the complaint on that date. 

(4) CONSULTATION REQUIREMENTS FOR DEVELOPMENT OF SYSTEMS AND SERV- ICES.—The Attorney General shall ensure that the State-based response system 

under paragraph (1) and the free telephone service under paragraph (2) are 

each developed in consultation with civil rights organizations, voting rights 

groups, State and local election officials, voter protection groups, and other interested community organizations, especially those that have experience in the 

operation of similar systems and services. 

(b) USE OF SERVICE BY INDIVIDUALS WITH DISABILITIES AND INDIVIDUALS WITH

LIMITED ENGLISH LANGUAGE PROFICIENCY.—The Attorney General shall design and 

operate the telephone service established under this section in a manner that ensures that individuals with disabilities are fully able to use the service, and that 

assistance is provided in any language in which the State (or any jurisdiction in the 

State) is required to provide election materials under section 203 of the Voting 

Rights Act of 1965.. 

(c) VOTER HOTLINE TASK FORCE.— 

(1) APPOINTMENT BY ATTORNEY GENERAL.—The Attorney General shall appoint individuals (in such number as the Attorney General considers appropriate but in no event fewer than 3) to serve on a Voter Hotline Task Force 

to provide ongoing analysis and assessment of the operation of the telephone 

service established under this section, and shall give special consideration in 

making appointments to the Task Force to individuals who represent civil 

rights organizations. At least one member of the Task Force shall be a representative of an organization promoting voting rights or civil rights which has 

experience in the operation of similar telephone services or in protecting the 

rights of individuals to vote, especially individuals who are members of racial, 

ethnic, or linguistic minorities or of communities who have been adversely affected by efforts to suppress voting rights. 

(2) ELIGIBILITY.—An individual shall be eligible to serve on the Task Force 

under this subsection if the individual meets such criteria as the Attorney General may establish, except that an individual may not serve on the task force 

if the individual has been convicted of any criminal offense relating to voter intimidation or voter suppression. 

(3) TERM OF SERVICE.—An individual appointed to the Task Force shall serve 

a single term of 2 years, except that the initial terms of the members first appointed to the Task Force shall be staggered so that there are at least 3 individuals serving on the Task Force during each year. A vacancy in the membership 

of the Task Force shall be filled in the same manner as the original appointment. 

(4) NO COMPENSATION FOR SERVICE.—Members of the Task Force shall serve 

without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 

57 of title 5, United States Code. 

(d) BI-ANNUAL REPORT TO CONGRESS.—Not later than March 1 of each odd-numbered year, the Attorney General shall submit a report to Congress on the operation 

of the telephone service established under this section during the previous 2 years, 

and shall include in the report— 

(1) an enumeration of the number and type of calls that were received by the 

service; 

(2) a compilation and description of the reports made to the service by individuals citing instances of voter intimidation or suppression; 

(3) an assessment of the effectiveness of the service in making information 

available to all households in the United States with telephone service; 

(4) any recommendations developed by the Task Force established under subsection (c) with respect to how voting systems may be maintained or upgraded 


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to better accommodate voters and better ensure the integrity of elections, including but not limited to identifying how to eliminate coordinated voter suppression efforts and how to establish effective mechanisms for distributing updates on changes to voting requirements; and 

(5) any recommendations on best practices for the State-based response systems established under subsection (a)(1). 

(e) AUTHORIZATION OF APPROPRIATIONS.— 

(1) AUTHORIZATION.—There are authorized to be appropriated to the Attorney 

General for fiscal year 2019 and each succeeding fiscal year such sums as may 

be necessary to carry out this section. 

(2) SET-ASIDE FOR OUTREACH.—Of the amounts appropriated to carry out this 

section for a fiscal year pursuant to the authorization under paragraph (1), not 

less than 15 percent shall be used for outreach activities to make the public 

aware of the availability of the telephone service established under this section, 

with an emphasis on outreach to individuals with disabilities and individuals 

with limited proficiency in the English language. 

PART 2—IMPROVEMENTS IN OPERATION OF ELECTION 

ASSISTANCE COMMISSION 

SEC. 1911. REAUTHORIZATION OF ELECTION ASSISTANCE COMMISSION. 

Section 210 of the Help America Vote Act of 2002 (52 U.S.C. 20930) is amended— 

(1) by striking ‘‘for each of the fiscal years 2003 through 2005’’ and inserting 

‘‘for fiscal year 2019 and each succeeding fiscal year’’; and 

(2) by striking ‘‘(but not to exceed $10,000,000 for each such year)’’. 

SEC. 1913. REQUIRING STATES TO PARTICIPATE IN POST-GENERAL ELECTION SURVEYS. 

(a) REQUIREMENT.—Title III of the Help America Vote Act of 2002 (52 U.S.C. 

21081 et seq.), as amended by section 1904(a), is further amended by inserting after 

section 303A the following new section: 

‘‘SEC. 303B. REQUIRING PARTICIPATION IN POST-GENERAL ELECTION SURVEYS. 

‘‘(a) REQUIREMENT.—Each State shall furnish to the Commission such information 

as the Commission may request for purposes of conducting any post-election survey 

of the States with respect to the administration of a regularly scheduled general 

election for Federal office. 

‘‘(b) EFFECTIVE DATE.—This section shall apply with respect to the regularly 

scheduled general election for Federal office held in November 2020 and any succeeding election.’’. 

(b) CLERICAL AMENDMENT.—The table of contents of such Act, as amended by section 1904(c), is further amended by inserting after the item relating to section 303A 

the following new item: 

‘‘Sec. 303B. Requiring participation in post-general election surveys.’’. 

SEC. 1914. REPORTS BY NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ON USE OF 

FUNDS TRANSFERRED FROM ELECTION ASSISTANCE COMMISSION. 

(a) REQUIRING REPORTS ON USE FUNDS AS CONDITION OF RECEIPT.—Section 231 

of the Help America Vote Act of 2002 (52 U.S.C. 20971) is amended by adding at 

the end the following new subsection: 

‘‘(e) REPORT ON USE OF FUNDS TRANSFERRED FROM COMMISSION.—To the extent 

that funds are transferred from the Commission to the Director of the National Institute of Standards and Technology for purposes of carrying out this section during 

any fiscal year, the Director may not use such funds unless the Director certifies 

at the time of transfer that the Director will submit a report to the Commission not 

later than 90 days after the end of the fiscal year detailing how the Director used 

such funds during the year.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with 

respect to fiscal year 2020 and each succeeding fiscal year. 

SEC. 1915. RECOMMENDATIONS TO IMPROVE OPERATIONS OF ELECTION ASSISTANCE COMMISSION. 

(a) ASSESSMENT OF INFORMATION TECHNOLOGY AND CYBERSECURITY.—Not later 

than December 31, 2019, the Election Assistance Commission shall carry out an assessment of the security and effectiveness of the Commission’s information technology systems, including the cybersecurity of such systems. 

(b) IMPROVEMENTS TO ADMINISTRATIVE COMPLAINT PROCEDURES.— 

(1) REVIEW OF PROCEDURES.—The Election Assistance Commission shall carry 

out a review of the effectiveness and efficiency of the State-based administrative 

complaint procedures established and maintained under section 402 of the Help 


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America Vote Act of 2002 (52 U.S.C. 21112) for the investigation and resolution 

of allegations of violations of title III of such Act. 

(2) RECOMMENDATIONS TO STREAMLINE PROCEDURES.—Not later than December 31, 2019, the Commission shall submit to Congress a report on the review 

carried out under paragraph (1), and shall include in the report such recommendations as the Commission considers appropriate to streamline and improve the procedures which are the subject of the review. 

SEC. 1916. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM CERTAIN 

GOVERNMENT CONTRACTING REQUIREMENTS. 

(a) IN GENERAL.—Section 205 of the Help America Vote Act of 2002 (52 U.S.C. 

20925) is amended by striking subsection (e). 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with 

respect to contracts entered into by the Election Assistance Commission on or after 

the date of the enactment of this Act. 

PART 3—MISCELLANEOUS PROVISIONS 

SEC. 1921. APPLICATION OF LAWS TO COMMONWEALTH OF NORTHERN MARIANA ISLANDS. 

(a) NATIONAL VOTER REGISTRATION ACT OF 1993.—Section 3(4) of the National 

Voter Registration Act of 1993 (52 U.S.C. 20502(4)) is amended by striking ‘‘States 

and the District of Columbia’’ and inserting ‘‘States, the District of Columbia, and 

the Commonwealth of the Northern Mariana Islands’’. 

(b) HELP AMERICA VOTE ACT OF 2002.— 

(1) COVERAGE OF COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.—Section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141) is amended 

by striking ‘‘and the United States Virgin Islands’’ and inserting ‘‘the United 

States Virgin Islands, and the Commonwealth of the Northern Mariana Islands’’. 

(2) CONFORMING AMENDMENTS TO HELP AMERICA VOTE ACT OF 2002.—Such Act 

is further amended as follows: 

(A) The second sentence of section 213(a)(2) (52 U.S.C. 20943(a)(2)) is 

amended by striking ‘‘and American Samoa’’ and inserting ‘‘American 

Samoa, and the Commonwealth of the Northern Mariana Islands’’. 

(B) Section 252(c)(2) (52 U.S.C. 21002(c)(2)) is amended by striking ‘‘or 

the United States Virgin Islands’’ and inserting ‘‘the United States Virgin 

Islands, or the Commonwealth of the Northern Mariana Islands’’. 

(3) CONFORMING AMENDMENT RELATING TO CONSULTATION OF HELP AMERICA

VOTE FOUNDATION WITH LOCAL ELECTION OFFICIALS.—Section 90102(c) of title 

36, United States Code, is amended by striking ‘‘and the United States Virgin 

Islands’’ and inserting ‘‘the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands’’. 

(4) EFFECTIVE DATE.—The amendments made by this subsection shall apply 

with respect to fiscal years beginning with the first fiscal year which begins 

after funds are appropriated to the Commonwealth of the Northern Mariana Islands pursuant to the payment under section 2. 

SEC. 1922. NO EFFECT ON OTHER LAWS. 

(a) IN GENERAL.—Except as specifically provided, nothing in this title may be construed to authorize or require conduct prohibited under any of the following laws, 

or to supersede, restrict, or limit the application of such laws: 

(1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.). 

(2) The Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 

20101 et seq.). 

(3) The Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 

20301 et seq.). 

(4) The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.). 

(5) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). 

(6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). 

(b) NO EFFECT ON PRECLEARANCE OR OTHER REQUIREMENTS UNDER VOTING

RIGHTS ACT.—The approval by any person of a payment or grant application under 

this title, or any other action taken by any person under this title, shall not be considered to have any effect on requirements for preclearance under section 5 of the 

Voting Rights Act of 1965 (52 U.S.C. 10304) or any other requirements of such Act. 

(c) NO EFFECT ON AUTHORITY OF STATES TO PROVIDE GREATER OPPORTUNITIES

FOR VOTING.—Nothing in this title or the amendments made by this title may be 

construed to prohibit any State from enacting any law which provides greater opportunities for individuals to register to vote and to vote in elections for Federal office 

than are provided by this title and the amendments made by this title. 


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Subtitle O—Severability 

SEC. 1931. SEVERABILITY. 

If any provision of this title or amendment made by this title, or the application 

of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not 

be affected by the holding. 

TITLE II—ELECTION INTEGRITY 

Subtitle A—[Reserved] 

Subtitle B—[Reserved] 

Subtitle C—[Reserved] 

Subtitle D—[Reserved] 

Subtitle E—[Reserved] 

Subtitle F—Saving Eligible Voters From Voter Purging 

Sec. 2501. Short title. 

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

Subtitle G—No Effect on Authority of States to Provide Greater Opportunities for Voting 

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

Subtitle H—Severability 

Sec. 2701. Severability. 

Subtitle A—[Reserved] 

Subtitle B—[Reserved] 

Subtitle C—[Reserved] 

Subtitle D—[Reserved] 

Subtitle E—[Reserved] 

Subtitle F—Saving Eligible Voters From Voter 

Purging 

SEC. 2501. SHORT TITLE. 

This subtitle may be cited as the ‘‘Stop Automatically Voiding Eligible Voters Off 

Their Enlisted Rolls in States Act’’ or the ‘‘Save Voters Act’’. 

SEC. 2502. CONDITIONS FOR REMOVAL OF VOTERS FROM LIST OF REGISTERED VOTERS. 

(a) CONDITIONS DESCRIBED.—The National Voter Registration Act of 1993 (52 

U.S.C. 20501 et seq.) is amended by inserting after section 8 the following new section: 

‘‘SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM OFFICIAL LIST OF REGISTERED VOTERS. 

‘‘(a) VERIFICATION ON BASIS OF OBJECTIVE AND RELIABLE EVIDENCE OF INELIGIBILITY.— 

‘‘(1) REQUIRING VERIFICATION.—Notwithstanding any other provision of this 

Act, a State may not remove the name of any registrant from the official list 

of voters eligible to vote in elections for Federal office in the State unless the 

State verifies, on the basis of objective and reliable evidence, that the registrant 

is ineligible to vote in such elections. 

‘‘(2) FACTORS NOT CONSIDERED AS OBJECTIVE AND RELIABLE EVIDENCE OF INELIGIBILITY.—For purposes of paragraph (2), the following factors, or any comVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00050 Fmt 6659 Sfmt 6621 E:\HR\OC\HR015P1.XXX HR015P1

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bination thereof, shall not be treated as objective and reliable evidence of a registrant’s ineligibility to vote: 

‘‘(A) The failure of the registrant to vote in any election. 

‘‘(B) The failure of the registrant to respond to any notice sent under section 8(d), unless the notice has been returned as undeliverable. 

‘‘(C) The failure of the registrant to take any other action with respect 

to voting in any election or with respect to the registrant’s status as a registrant. 

‘‘(b) NOTICE AFTER REMOVAL.— 

‘‘(1) NOTICE TO INDIVIDUAL REMOVED.— 

‘‘(A) IN GENERAL.—Not later than 48 hours after a State removes the 

name of a registrant from the official list of eligible voters for any reason 

(other than the death of the registrant), the State shall send notice of the 

removal to the former registrant, and shall include in the notice the 

grounds for the removal and information how the former registrant may 

contest the removal, including a telephone number for the appropriate election official., and how to contest the removal or be reinstated, including a 

contact phone number. 

‘‘(B) EXCEPTIONS.—Subparagraph (A) does not apply in the case of a registrant— 

‘‘(i) who sends written confirmation to the State that the registrant 

is no longer eligible to vote in the registrar’s jurisdiction in which the 

registrant was registered; or 

‘‘(ii) who is removed from the official list of eligible voters by reason 

of the death of the registrant. 

‘‘(2) PUBLIC NOTICE.—Not later than 48 hours after conducting any general 

program to remove the names of ineligible voters from the official list of eligible 

voters (as described in section 8(a)(4)), the State shall disseminate a public notice through such methods as may be reasonable to reach the general public (including by publishing the notice in a newspaper of wide circulation or posting 

the notice on the websites of the appropriate election officials) that list maintenance is taking place and that registrants should check their registration status 

to ensure no errors or mistakes have been made. The State shall ensure that 

the public notice disseminated under this paragraph is in a format that is reasonably convenient and accessible to voters with disabilities, including voters 

who have low vision or are blind.’’. 

(b) CONDITIONS FOR TRANSMISSION OF NOTICES OF REMOVAL.—Section 8(d) of such 

Act (52 U.S.C. 20507(d)) is amended by adding at the end the following new paragraph: 

‘‘(4) A State may not transmit a notice to a registrant under this subsection 

unless the State obtains objective and reliable evidence (in accordance with the 

standards for such evidence which are described in section 8A(a)(2)) that the 

registrant has changed residence to a place outside the registrar’s jurisdiction 

in which the registrant is registered.’’. 

(c) CONFORMING AMENDMENTS.— 

(1) NATIONAL VOTER REGISTRATION ACT OF 1993.—Section 8(a) of such Act (52 

U.S.C. 20507(a)) is amended— 

(A) in paragraph (3), by striking ‘‘provide’’ and inserting ‘‘subject to section 8A, provide’’; and 

(B) in paragraph (4), by striking ‘‘conduct’’ and inserting ‘‘subject to section 8A, conduct’’. 

(2) HELP AMERICA VOTE ACT OF 2002.—Section 303(a)(4)(A) of the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(4)(A)) is amended by striking ‘‘, registrants’’ and inserting ‘‘, and subject to section 8A of such Act, registrants’’. 

(d) EFFECTIVE DATE.—The amendments made by this section shall take effect on 

the date of the enactment of this Act. 

Subtitle G—No Effect on Authority of States to 

Provide Greater Opportunities for Voting 

SEC. 2601. NO EFFECT ON AUTHORITY OF STATES TO PROVIDE GREATER OPPORTUNITIES 

FOR VOTING. 

Nothing in this title or the amendments made by this title may be construed to 

prohibit any State from enacting any law which provides greater opportunities for 

individuals to register to vote and to vote in elections for Federal office than are 

provided by this title and the amendments made by this title. 


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Subtitle H—Severability 

SEC. 2701. SEVERABILITY. 

If any provision of this title or amendment made by this title, or the application 

of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not 

be affected by the holding. 

TITLE III—ELECTION SECURITY 

Sec. 3000. Short title; sense of Congress. 

Subtitle A—Financial Support for Election Infrastructure 

PART 1—VOTING SYSTEM SECURITY IMPROVEMENT GRANTS

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

improvements. 

Sec. 3002. Coordination of voting system security activities with use of requirements payments and election administration requirements under Help America Vote Act of 2002. 

Sec. 3003. Incorporation of definitions. 

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

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

Sec. 3012. GAO analysis of effects of audits. 

PART 3—[RESERVED] 

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. 

Subtitle C—Enhancing Protections for United States Democratic Institutions 

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

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

Subtitle D—Promoting Cybersecurity Through Improvements in Election Administration 

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

other guidelines. 

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

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

Sec. 3304. Streamlining collection of election information. 

Subtitle E—Preventing Election Hacking 

Sec. 3401. Short title. 

Sec. 3402. Election Security Bug Bounty Program. 

Sec. 3403. Definitions. 

Subtitle F—Miscellaneous Provisions 

Sec. 3501. Definitions. 

Sec. 3502. Initial report on adequacy of resources available for implementation. 

Subtitle G—Severability 

Sec. 3601. Severability. 

SEC. 3000. SHORT TITLE; SENSE OF CONGRESS. 

(a) SHORT TITLE.—This title may be cited as the ‘‘Election Security Act’’. 

(b) SENSE OF CONGRESS ON NEED TO IMPROVE ELECTION INFRASTRUCTURE SECURITY.—It is the sense of Congress that, in light of the lessons learned from Russian 

interference in the 2016 Presidential election, the Federal Government should intensify its efforts to improve the security of election infrastructure in the United States, 

including through the use of individual, durable, paper ballots marked by the voter 

by hand. 


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Subtitle A—Financial Support for Election 

Infrastructure 

PART 1—VOTING SYSTEM SECURITY IMPROVEMENT 

GRANTS 

SEC. 3001. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS. 

(a) AVAILABILITY OF GRANTS.—Subtitle D of title II of the Help America Vote Act 

of 2002 (52 U.S.C. 21001 et seq.), as amended by section 1906(a), is amended by 

adding at the end the following new part: 

‘‘PART 8—GRANTS FOR OBTAINING COMPLIANT PAPER 

BALLOT VOTING SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS 

‘‘SEC. 298. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS. 

‘‘(a) AVAILABILITY AND USE OF GRANT.—The Commission shall make a grant to 

each eligible State— 

‘‘(1) to replace a voting system— 

‘‘(A) which does not meet the requirements which are first imposed on the 

State pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2019 with a voting system which does meet 

such requirements, for use in the regularly scheduled general elections for 

Federal office held in November 2020, or 

‘‘(B) which does meet such requirements but which is not in compliance 

with the most recent voluntary voting system guidelines issued by the Commission prior to the regularly scheduled general election for Federal office 

held in November 2020 with another system which does meet such requirements and is in compliance with such guidelines; and 

‘‘(2) to carry out voting system security improvements described in section 

298A with respect to the regularly scheduled general elections for Federal office 

held in November 2020 and each succeeding election for Federal office. 

‘‘(b) AMOUNT OF GRANT.—The amount of a grant made to a State under this section shall be such amount as the Commission determines to be appropriate, except 

that such amount may not be less than the product of $1 and the average of the 

number of individuals who cast votes in any of the two most recent regularly scheduled general elections for Federal office held in the State. 

‘‘(c) PRO RATA REDUCTIONS.—If the amount of funds appropriated for grants under 

this part is insufficient to ensure that each State receives the amount of the grant 

calculated under subsection (b), the Commission shall make such pro rata reductions in such amounts as may be necessary to ensure that the entire amount appropriated under this part is distributed to the States. 

‘‘(d) ABILITY OF REPLACEMENT SYSTEMS TO ADMINISTER RANKED CHOICE ELECTIONS.—To the greatest extent practicable, an eligible State which receives a grant 

to replace a voting system under this section shall ensure that the replacement system is capable of administering a system of ranked choice voting under which each 

voter shall rank the candidates for the office in the order of the voter’s preference. 

‘‘SEC. 298A. VOTING SYSTEM SECURITY IMPROVEMENTS DESCRIBED. 

‘‘(a) PERMITTED USES.—A voting system security improvement described in this 

section is any of the following: 

‘‘(1) The acquisition of goods and services from qualified election infrastructure vendors by purchase, lease, or such other arrangements as may be appropriate. 

‘‘(2) Cyber and risk mitigation training. 

‘‘(3) A security risk and vulnerability assessment of the State’s election infrastructure which is carried out by a provider of cybersecurity services under a 

contract entered into between the chief State election official and the provider. 

‘‘(4) The maintenance of election infrastructure, including addressing risks 

and vulnerabilities which are identified under either of the security risk and 

vulnerability assessments described in paragraph (3), except that none of the 

funds provided under this part may be used to renovate or replace a building 

or facility which is used primarily for purposes other than the administration 

of elections for public office. 


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‘‘(5) Providing increased technical support for any information technology infrastructure that the chief State election official deems to be part of the State’s 

election infrastructure or designates as critical to the operation of the State’s 

election infrastructure. 

‘‘(6) Enhancing the cybersecurity and operations of the information technology 

infrastructure described in paragraph (4). 

‘‘(7) Enhancing the cybersecurity of voter registration systems. 

‘‘(b) QUALIFIED ELECTION INFRASTRUCTURE VENDORS DESCRIBED.— 

‘‘(1) IN GENERAL.—For purposes of this part, a ‘qualified election infrastructure vendor’ is any person who provides, supports, or maintains, or who seeks 

to provide, support, or maintain, election infrastructure on behalf of a State, 

unit of local government, or election agency (as defined in section 3501 of the 

Election Security Act) who meets the criteria described in paragraph (2). 

‘‘(2) CRITERIA.—The criteria described in this paragraph are such criteria as 

the Chairman, in coordination with the Secretary of Homeland Security, shall 

establish and publish, and shall include each of the following requirements: 

‘‘(A) The vendor must be owned and controlled by a citizen or permanent 

resident of the United States. 

‘‘(B) The vendor must disclose to the Chairman and the Secretary, and 

to the chief State election official of any State to which the vendor provides 

any goods and services with funds provided under this part, of any sourcing 

outside the United States for parts of the election infrastructure. 

‘‘(C) The vendor agrees to ensure that the election infrastructure will be 

developed and maintained in a manner that is consistent with the cybersecurity best practices issued by the Technical Guidelines Development Committee. 

‘‘(D) The vendor agrees to maintain its information technology infrastructure in a manner that is consistent with the cybersecurity best practices 

issued by the Technical Guidelines Development Committee. 

‘‘(E) The vendor agrees to meet the requirements of paragraph (3) with 

respect to any known or suspected cybersecurity incidents involving any of 

the goods and services provided by the vendor pursuant to a grant under 

this part. 

‘‘(F) The vendor agrees to permit independent security testing by the 

Commission (in accordance with section 231(a)) and by the Secretary of the 

goods and services provided by the vendor pursuant to a grant under this 

part. 

‘‘(3) CYBERSECURITY INCIDENT REPORTING REQUIREMENTS.— 

‘‘(A) IN GENERAL.—A vendor meets the requirements of this paragraph if, 

upon becoming aware of the possibility that an election cybersecurity incident has occurred involving any of the goods and services provided by the 

vendor pursuant to a grant under this part— 

‘‘(i) the vendor promptly assesses whether or not such an incident occurred, and submits a notification meeting the requirements of subparagraph (B) to the Secretary and the Chairman of the assessment as 

soon as practicable (but in no case later than 3 days after the vendor 

first becomes aware of the possibility that the incident occurred); 

‘‘(ii) if the incident involves goods or services provided to an election 

agency, the vendor submits a notification meeting the requirements of 

subparagraph (B) to the agency as soon as practicable (but in no case 

later than 3 days after the vendor first becomes aware of the possibility 

that the incident occurred), and cooperates with the agency in providing any other necessary notifications relating to the incident; and 

‘‘(iii) the vendor provides all necessary updates to any notification 

submitted under clause (i) or clause (ii). 

‘‘(B) CONTENTS OF NOTIFICATIONS.—Each notification submitted under 

clause (i) or clause (ii) of subparagraph (A) shall contain the following information with respect to any election cybersecurity incident covered by the 

notification: 

‘‘(i) The date, time, and time zone when the election cybersecurity incident began, if known. 

‘‘(ii) The date, time, and time zone when the election cybersecurity 

incident was detected. 

‘‘(iii) The date, time, and duration of the election cybersecurity incident. 

‘‘(iv) The circumstances of the election cybersecurity incident, including the specific election infrastructure systems believed to have been 

accessed and information acquired, if any. 


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‘‘(v) Any planned and implemented technical measures to respond to 

and recover from the incident. 

‘‘(vi) In the case of any notification which is an update to a prior notification, any additional material information relating to the incident, 

including technical data, as it becomes available. 

‘‘SEC. 298B. ELIGIBILITY OF STATES. 

‘‘A State is eligible to receive a grant under this part if the State submits to the 

Commission, at such time and in such form as the Commission may require, an application containing— 

‘‘(1) a description of how the State will use the grant to carry out the activities authorized under this part; 

‘‘(2) a certification and assurance that, not later than 5 years after receiving 

the grant, the State will carry out risk-limiting audits and will carry out voting 

system security improvements, as described in section 298A; and 

‘‘(3) such other information and assurances as the Commission may require. 

‘‘SEC. 298C. REPORTS TO CONGRESS. 

‘‘Not later than 90 days after the end of each fiscal year, the Commission shall 

submit a report to the appropriate congressional committees, including the Committees on Homeland Security, House Administration, and the Judiciary of the House 

of Representatives and the Committees on Homeland Security and Governmental 

Affairs, the Judiciary, and Rules and Administration of the Senate, on the activities 

carried out with the funds provided under this part. 

‘‘SEC. 298D. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) AUTHORIZATION.—There are authorized to be appropriated for grants under 

this part— 

‘‘(1) $1,000,000,000 for fiscal year 2019; and 

‘‘(2) $175,000,000 for each of the fiscal years 2020, 2022, 2024, and 2026. 

‘‘(b) CONTINUING AVAILABILITY OF AMOUNTS.—Any amounts appropriated pursuant to the authorization of this section shall remain available until expended.’’. 

(b) CLERICAL AMENDMENT.—The table of contents of such Act, as amended by section 1906(b), is amended by adding at the end of the items relating to subtitle D 

of title II the following: 

‘‘PART 8—GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS AND CARRYING OUT VOTING

SYSTEM IMPROVEMENTS

‘‘Sec. 298. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements. 

‘‘Sec. 298A. Voting system security improvements described. 

‘‘Sec. 298B. Eligibility of States. 

‘‘Sec. 298C. Reports to Congress. 

‘‘Sec. 298D. Authorization of appropriations. 

SEC. 3002. COORDINATION OF VOTING SYSTEM SECURITY ACTIVITIES WITH USE OF REQUIREMENTS PAYMENTS AND ELECTION ADMINISTRATION REQUIREMENTS UNDER 

HELP AMERICA VOTE ACT OF 2002. 

(a) DUTIES OF ELECTION ASSISTANCE COMMISSION.—Section 202 of the Help America Vote Act of 2002 (52 U.S.C. 20922) is amended in the matter preceding paragraph (1) by striking ‘‘by’’ and inserting ‘‘and the security of election infrastructure 

by’’. 

(b) MEMBERSHIP OF SECRETARY OF HOMELAND SECURITY ON BOARD OF ADVISORS

OF ELECTION ASSISTANCE COMMISSION.—Section 214(a) of such Act (52 U.S.C. 

20944(a)) is amended— 

(1) by striking ‘‘37 members’’ and inserting ‘‘38 members’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(17) The Secretary of Homeland Security or the Secretary’s designee.’’. 

(c) REPRESENTATIVE OF DEPARTMENT OF HOMELAND SECURITY ON TECHNICAL

GUIDELINES DEVELOPMENT COMMITTEE.—Section 221(c)(1) of such Act (52 U.S.C. 

20961(c)(1)) is amended— 

(1) by redesignating subparagraph (E) as subparagraph (F); and 

(2) by inserting after subparagraph (D) the following new subparagraph: 

‘‘(E) A representative of the Department of Homeland Security.’’. 

(d) GOALS OF PERIODIC STUDIES OF ELECTION ADMINISTRATION ISSUES; CONSULTATION WITH SECRETARY OF HOMELAND SECURITY.—Section 241(a) of such Act (52 

U.S.C. 20981(a)) is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘the Commission shall’’ 

and inserting ‘‘the Commission, in consultation with the Secretary of Homeland 

Security (as appropriate), shall’’; 

(2) by striking ‘‘and’’ at the end of paragraph (3); 

(3) by redesignating paragraph (4) as paragraph (5); and 


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(4) by inserting after paragraph (3) the following new paragraph: 

‘‘(4) will be secure against attempts to undermine the integrity of election systems by cyber or other means; and’’. 

(e) REQUIREMENTS PAYMENTS.— 

(1) USE OF PAYMENTS FOR VOTING SYSTEM SECURITY IMPROVEMENTS.—Section 

251(b) of such Act (52 U.S.C. 21001(b)), as amended by section 1061(a)(2), is further amended by adding at the end the following new paragraph: 

‘‘(5) PERMITTING USE OF PAYMENTS FOR VOTING SYSTEM SECURITY IMPROVEMENTS.—A State may use a requirements payment to carry out any of the following activities: 

‘‘(A) Cyber and risk mitigation training. 

‘‘(B) Providing increased technical support for any information technology 

infrastructure that the chief State election official deems to be part of the 

State’s election infrastructure or designates as critical to the operation of 

the State’s election infrastructure. 

‘‘(C) Enhancing the cybersecurity and operations of the information technology infrastructure described in subparagraph (B). 

‘‘(D) Enhancing the security of voter registration databases.’’. 

(2) INCORPORATION OF ELECTION INFRASTRUCTURE PROTECTION IN STATE PLANS

FOR USE OF PAYMENTS.—Section 254(a)(1) of such Act (52 U.S.C. 21004(a)(1)) is 

amended by striking the period at the end and inserting ‘‘, including the protection of election infrastructure.’’. 

(3) COMPOSITION OF COMMITTEE RESPONSIBLE FOR DEVELOPING STATE PLAN

FOR USE OF PAYMENTS.—Section 255 of such Act (52 U.S.C. 21005) is amended— 

(A) by redesignating subsection (b) as subsection (c); and 

(B) by inserting after subsection (a) the following new subsection: 

‘‘(b) GEOGRAPHIC REPRESENTATION.—The members of the committee shall be a 

representative group of individuals from the State’s counties, cities, towns, and Indian tribes, and shall represent the needs of rural as well as urban areas of the 

State, as the case may be.’’. 

(f) ENSURING PROTECTION OF COMPUTERIZED STATEWIDE VOTER REGISTRATION

LIST.—Section 303(a)(3) of such Act (52 U.S.C. 21083(a)(3)) is amended by striking 

the period at the end and inserting ‘‘, as well as other measures to prevent and 

deter cybersecurity incidents, as identified by the Commission, the Secretary of 

Homeland Security, and the Technical Guidelines Development Committee.’’. 

SEC. 3003. INCORPORATION OF DEFINITIONS. 

(a) IN GENERAL.—Section 901 of the Help America Vote Act of 2002 (52 U.S.C. 

21141) is amended to read as follows: 

‘‘SEC. 901. DEFINITIONS. 

‘‘In this Act, the following definitions apply: 

‘‘(1) The term ‘cybersecurity incident’ has the meaning given the term ‘incident’ in section 227 of the Homeland Security Act of 2002 (6 U.S.C. 148). 

‘‘(2) The term ‘election infrastructure’ has the meaning given such term in 

section 3501 of the Election Security Act. 

‘‘(3) The term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United 

States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.’’. 

(b) CLERICAL AMENDMENT.—The table of contents of such Act is amended by 

amending the item relating to section 901 to read as follows: 

‘‘Sec. 901. Definitions.’’. 

PART 2—GRANTS FOR RISK-LIMITING AUDITS OF 

RESULTS OF ELECTIONS 

SEC. 3011. GRANTS TO STATES FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF 

ELECTIONS. 

(a) AVAILABILITY OF GRANTS.—Subtitle D of title II of the Help America Vote Act 

of 2002 (52 U.S.C. 21001 et seq.), as amended by sections 1906(a) and 3001(a), is 

amended by adding at the end the following new part: 


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‘‘PART 9—GRANTS FOR CONDUCTING RISK-LIMITING 

AUDITS OF RESULTS OF ELECTIONS 

‘‘SEC. 299. GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF ELECTIONS. 

‘‘(a) AVAILABILITY OF GRANTS.—The Commission shall make a grant to each eligible State to conduct risk-limiting audits as described in subsection (b) with respect 

to the regularly scheduled general elections for Federal office held in November 

2020 and each succeeding election for Federal office. 

‘‘(b) RISK-LIMITING AUDITS DESCRIBED.—In this part, a ‘risk-limiting audit’ is a 

post-election process— 

‘‘(1) which is conducted in accordance with rules and procedures established 

by the chief State election official of the State which meet the requirements of 

subsection (c); and 

‘‘(2) under which, if the reported outcome of the election is incorrect, there is 

at least a predetermined percentage chance that the audit will replace the incorrect outcome with the correct outcome as determined by a full, hand-to-eye 

tabulation of all votes validly cast in that election that ascertains voter intent 

manually and directly from voter-verifiable paper records. 

‘‘(c) REQUIREMENTS FOR RULES AND PROCEDURES.—The rules and procedures established for conducting a risk-limiting audit shall include the following elements: 

‘‘(1) Rules for ensuring the security of ballots and documenting that prescribed procedures were followed. 

‘‘(2) Rules and procedures for ensuring the accuracy of ballot manifests produced by election agencies. 

‘‘(3) Rules and procedures for governing the format of ballot manifests, cast 

vote records, and other data involved in the audit. 

‘‘(4) Methods to ensure that any cast vote records used in the audit are those 

used by the voting system to tally the election results sent to the chief State 

election official and made public. 

‘‘(5) Procedures for the random selection of ballots to be inspected manually 

during each audit. 

‘‘(6) Rules for the calculations and other methods to be used in the audit and 

to determine whether and when the audit of an election is complete. 

‘‘(7) Procedures and requirements for testing any software used to conduct 

risk-limiting audits. 

‘‘(d) DEFINITIONS.—In this part, the following definitions apply: 

‘‘(1) The term ‘ballot manifest’ means a record maintained by each election 

agency that meets each of the following requirements: 

‘‘(A) The record is created without reliance on any part of the voting system used to tabulate votes. 

‘‘(B) The record functions as a sampling frame for conducting a risk-limiting audit. 

‘‘(C) The record contains the following information with respect to the ballots cast and counted in the election: 

‘‘(i) The total number of ballots cast and counted by the agency (including undervotes, overvotes, and other invalid votes). 

‘‘(ii) The total number of ballots cast in each election administered by 

the agency (including undervotes, overvotes, and other invalid votes). 

‘‘(iii) A precise description of the manner in which the ballots are 

physically stored, including the total number of physical groups of ballots, the numbering system for each group, a unique label for each 

group, and the number of ballots in each such group. 

‘‘(2) The term ‘incorrect outcome’ means an outcome that differs from the outcome that would be determined by a full tabulation of all votes validly cast in 

the election, determining voter intent manually, directly from voter-verifiable 

paper records. 

‘‘(3) The term ‘outcome’ means the winner of an election, whether a candidate 

or a position. 

‘‘(4) The term ‘reported outcome’ means the outcome of an election which is 

determined according to the canvass and which will become the official, certified 

outcome unless it is revised by an audit, recount, or other legal process. 

‘‘SEC. 299A. ELIGIBILITY OF STATES. 

‘‘A State is eligible to receive a grant under this part if the State submits to the 

Commission, at such time and in such form as the Commission may require, an application containing— 


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‘‘(1) a certification that, not later than 5 years after receiving the grant, the 

State will conduct risk-limiting audits of the results of elections for Federal office held in the State as described in section 299; 

‘‘(2) a certification that, not later than one year after the date of the enactment of this section, the chief State election official of the State has established 

or will establish the rules and procedures for conducting the audits which meet 

the requirements of section 299(c); 

‘‘(3) a certification that the audit shall be completed not later than the date 

on which the State certifies the results of the election; 

‘‘(4) a certification that, after completing the audit, the State shall publish a 

report on the results of the audit, together with such information as necessary 

to confirm that the audit was conducted properly; 

‘‘(5) a certification that, if a risk-limiting audit conducted under this part 

leads to a full manual tally of an election, State law requires that the State or 

election agency shall use the results of the full manual tally as the official results of the election; and 

‘‘(6) such other information and assurances as the Commission may require. 

‘‘SEC. 299B. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated for grants under this part $20,000,000 

for fiscal year 2019, to remain available until expended.’’. 

(b) CLERICAL AMENDMENT.—The table of contents of such Act, as amended by sections 1906(b) and 3001(b), is further amended by adding at the end of the items relating to subtitle D of title II the following: 

‘‘PART 9—GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF ELECTIONS

‘‘Sec. 299. Grants for conducting risk-limiting audits of results of elections. 

‘‘Sec. 299A. Eligibility of States. 

‘‘Sec. 299B. Authorization of appropriations. 

SEC. 3012. GAO ANALYSIS OF EFFECTS OF AUDITS. 

(a) ANALYSIS.—Not later than 6 months after the first election for Federal office 

is held after grants are first awarded to States for conducting risk-limiting under 

part 9 of subtitle D of title II of the Help America Vote Act of 2002 (as added by 

section 3011) for conducting risk-limiting audits of elections for Federal office, the 

Comptroller General of the United States shall conduct an analysis of the extent 

to which such audits have improved the administration of such elections and the 

security of election infrastructure in the States receiving such grants. 

(b) REPORT.—The Comptroller General of the United States shall submit a report 

on the analysis conducted under subsection (a) to the appropriate congressional committees. 

PART 3—[RESERVED] 

Subtitle B—Security Measures 

SEC. 3101. ELECTION INFRASTRUCTURE DESIGNATION. 

Subparagraph (J) of section 2001(3) of the Homeland Security Act of 2002 (6 

U.S.C. 601(3)) is amended by inserting ‘‘, including election infrastructure’’ before 

the period at the end. 

SEC. 3102. TIMELY THREAT INFORMATION. 

Subsection (d) of section 201 of the Homeland Security Act of 2002 (6 U.S.C. 121) 

is amended by adding at the end the following new paragraph: 

‘‘(24) To provide timely threat information regarding election infrastructure to 

the chief State election official of the State with respect to which such information pertains.’’. 

SEC. 3103. SECURITY CLEARANCE ASSISTANCE FOR ELECTION OFFICIALS. 

In order to promote the timely sharing of information on threats to election infrastructure, the Secretary may— 

(1) help expedite a security clearance for the chief State election official and 

other appropriate State personnel involved in the administration of elections, as 

designated by the chief State election official; 

(2) sponsor a security clearance for the chief State election official and other 

appropriate State personnel involved in the administration of elections, as designated by the chief State election official; and 

(3) facilitate the issuance of a temporary clearance to the chief State election 

official and other appropriate State personnel involved in the administration of 


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elections, as designated by the chief State election official, if the Secretary determines classified information to be timely and relevant to the election infrastructure of the State at issue. 

SEC. 3104. SECURITY RISK AND VULNERABILITY ASSESSMENTS. 

(a) IN GENERAL.—Paragraph (6) of section 2209(c) of the Homeland Security Act 

of 2002 (6 U.S.C. 659(c)) is amended by inserting ‘‘(including by carrying out a security risk and vulnerability assessment)’’ after ‘‘risk management support’’. 

(b) PRIORITIZATION TO ENHANCE ELECTION SECURITY.— (1) IN GENERAL.—Not later than 90 days after receiving a written request 

from a chief State election official, the Secretary shall, to the extent practicable, 

commence a security risk and vulnerability assessment (pursuant to paragraph 

(6) of section 227(c) of the Homeland Security Act of 2002, as amended by subsection (a)) on election infrastructure in the State at issue. 

(2) NOTIFICATION.—If the Secretary, upon receipt of a request described in 

paragraph (1), determines that a security risk and vulnerability assessment 

cannot be commenced within 90 days, the Secretary shall expeditiously notify 

the chief State election official who submitted such request. 

SEC. 3105. ANNUAL REPORTS. 

(a) REPORTS ON ASSISTANCE AND ASSESSMENTS.—Not later than one year after the 

date of the enactment of this Act and annually thereafter through 2026, the Secretary shall submit to the appropriate congressional committees— 

(1) efforts to carry out section 203 during the prior year, including specific information on which States were helped, how many officials have been helped 

in each State, how many security clearances have been sponsored in each State, 

and how many temporary clearances have been issued in each State; and 

(2) efforts to carry out section 205 during the prior year, including specific information on which States were helped, the dates on which the Secretary received a request for a security risk and vulnerability assessment pursuant to 

such section, the dates on which the Secretary commenced each such request, 

and the dates on which the Secretary transmitted a notification in accordance 

with subsection (b)(2) of such section. 

(b) REPORTS ON FOREIGN THREATS.—Not later than 90 days after the end of each 

fiscal year (beginning with fiscal year 2019), the Secretary and the Director of National Intelligence, in coordination with the heads of appropriate offices of the Federal government, shall submit a joint report to the appropriate congressional committees on foreign threats to elections in the United States, including physical and 

cybersecurity threats. 

(c) INFORMATION FROM STATES.—For purposes of preparing the reports required 

under this section, the Secretary shall solicit and consider information and comments from States and election agencies, except that the provision of such information and comments by a State or election agency shall be voluntary and at the discretion of the State or agency. 

Subtitle C—Enhancing Protections for United 

States Democratic Institutions 

SEC. 3201. NATIONAL STRATEGY TO PROTECT UNITED STATES DEMOCRATIC INSTITUTIONS. 

(a) IN GENERAL.—Not later than one year after the date of the enactment of this 

Act, the President, acting through the Secretary, in consultation with the Chairman, 

the Secretary of Defense, the Secretary of State, the Attorney General, the Secretary 

of Education, the Director of National Intelligence, the Chairman of the Federal 

Election Commission, and the heads of any other appropriate Federal agencies, shall 

issue a national strategy to protect against cyber attacks, influence operations, 

disinformation campaigns, and other activities that could undermine the security 

and integrity of United States democratic institutions. 

(b) CONSIDERATIONS.—The national strategy required under subsection (a) shall 

include consideration of the following: 

(1) The threat of a foreign state actor, foreign terrorist organization (as designated pursuant to section 219 of the Immigration and Nationality Act (8 

U.S.C. 1189)), or a domestic actor carrying out a cyber attack, influence operation, disinformation campaign, or other activity aimed at undermining the security and integrity of United States democratic institutions. 

(2) The extent to which United States democratic institutions are vulnerable 

to a cyber attack, influence operation, disinformation campaign, or other activity aimed at undermining the security and integrity of such democratic institutions. 


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(3) Potential consequences, such as an erosion of public trust or an undermining of the rule of law, that could result from a successful cyber attack, influence operation, disinformation campaign, or other activity aimed at undermining the security and integrity of United States democratic institutions. 

(4) Lessons learned from other Western governments the institutions of which 

were subject to a cyber attack, influence operation, disinformation campaign, or 

other activity aimed at undermining the security and integrity of such institutions, as well as actions that could be taken by the United States Government 

to bolster collaboration with foreign partners to detect, deter, prevent, and 

counter such activities. 

(5) Potential impacts such as an erosion of public trust in democratic institutions as could be associated with a successful cyber breach or other activity negatively-affecting election infrastructure. 

(6) Roles and responsibilities of the Secretary, the Chairman, and the heads 

of other Federal entities and non-Federal entities, including chief State election 

officials and representatives of multi-state information sharing and analysis 

center. 

(7) Any findings, conclusions, and recommendations to strengthen protections 

for United States democratic institutions that have been agreed to by a majority 

of Commission members on the National Commission to Protect United States 

Democratic Institutions, authorized pursuant to section 32002. 

(c) IMPLEMENTATION PLAN.—Not later than 90 days after the issuance of the national strategy required under subsection (a), the President, acting through the Secretary, in coordination with the Chairman, shall issue an implementation plan for 

Federal efforts to implement such strategy that includes the following: 

(1) Strategic objectives and corresponding tasks. 

(2) Projected timelines and costs for the tasks referred to in paragraph (1). 

(3) Metrics to evaluate performance of such tasks. 

(d) CLASSIFICATION.—The national strategy required under subsection (a) shall be 

in unclassified form but may contain a classified annex. 

SEC. 3202. NATIONAL COMMISSION TO PROTECT UNITED STATES DEMOCRATIC INSTITUTIONS. 

(a) ESTABLISHMENT.—There is established within the legislative branch the National Commission to Protect United States Democratic Institutions (hereafter in 

this section referred to as the ‘‘Commission’’). 

(b) PURPOSE.—The purpose of the Commission is to counter efforts to undermine 

democratic institutions within the United States. 

(c) COMPOSITION.— (1) MEMBERSHIP.—The Commission shall be composed of 10 members appointed for the life of the Commission as follows: 

(A) One member shall be appointed by the Secretary. 

(B) One member shall be appointed by the Chairman. 

(C) 2 members shall be appointed by the majority leader of the Senate, 

in consultation with the Chairman of the Committee on Homeland Security 

and Governmental Affairs, the Chairman of the Committee on the Judiciary, and the Chairman of the Committee on Rules and Administration. 

(D) 2 members shall be appointed by the minority leader of the Senate, 

in consultation with the ranking minority member of the Committee on 

Homeland Security and Governmental Affairs, the ranking minority member of the Committee on the Judiciary, and the ranking minority member 

of the Committee on Rules and Administration. 

(E) 2 members shall be appointed by the Speaker of the House of Representatives, in consultation with the Chairman of the Committee on 

Homeland Security, the Chairman of the Committee on House Administration, and the Chairman of the Committee on the Judiciary. 

(F) 2 members shall be appointed by the minority leader of the House of 

Representatives, in consultation with the ranking minority member of the 

Committee on Homeland Security, the ranking minority member of the 

Committee on the Judiciary, and the ranking minority member of the Committee on House Administration. 

(2) QUALIFICATIONS.—Individuals shall be selected for appointment to the 

Commission solely on the basis of their professional qualifications, achievements, public stature, experience, and expertise in relevant fields, including, 

but not limited to cybersecurity, national security, and the Constitution of the 

United States. 

(3) NO COMPENSATION FOR SERVICE.—Members shall not receive compensation 

for service on the Commission, but shall receive travel expenses, including per 

diem in lieu of subsistence, in accordance with chapter 57 of title 5, United 

States Code. 


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(4) DEADLINE FOR APPOINTMENT.—All members of the Commission shall be 

appointed no later than 60 days after the date of the enactment of this Act. 

(5) VACANCIES.—A vacancy on the Commission shall not affect its powers and 

shall be filled in the manner in which the original appointment was made. The 

appointment of the replacement member shall be made not later than 60 days 

after the date on which the vacancy occurs. 

(d) CHAIR AND VICE CHAIR.—The Commission shall elect a Chair and Vice Chair 

from among its members. 

(e) QUORUM AND MEETINGS.— (1) QUORUM.—The Commission shall meet and begin the operations of the 

Commission not later than 30 days after the date on which all members have 

been appointed or, if such meeting cannot be mutually agreed upon, on a date 

designated by the Speaker of the House of Representatives and the President 

pro Tempore of the Senate. Each subsequent meeting shall occur upon the call 

of the Chair or a majority of its members. A majority of the members of the 

Commission shall constitute a quorum, but a lesser number may hold meetings. 

(2) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMISSION.—Any member of the 

Commission may, if authorized by the Commission, take any action that the 

Commission is authorized to take under this section. 

(f) POWERS.— (1) HEARINGS AND EVIDENCE.—The Commission (or, on the authority of the 

Commission, any subcommittee or member thereof) may, for the purpose of carrying out this section, hold hearings and sit and act at such times and places, 

take such testimony, receive such evidence, and administer such oaths as the 

Commission considers advisable to carry out its duties. 

(2) CONTRACTING.—The Commission may, to such extent and in such amounts 

as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this section. 

(g) ASSISTANCE FROM FEDERAL AGENCIES.— 

(1) GENERAL SERVICES ADMINISTRATION.—The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative 

support and other services for the performance of the Commission’s functions. 

(2) OTHER DEPARTMENTS AND AGENCIES.—In addition to the assistance provided under paragraph (1), the Department of Homeland Security, the Election 

Assistance Commission, and other appropriate departments and agencies of the 

United States shall provide to the Commission such services, funds, facilities, 

and staff as they may determine advisable and as may be authorized by law. 

(h) PUBLIC MEETINGS.—Any public meetings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, 

or Executive order. 

(i) SECURITY CLEARANCES.— 

(1) IN GENERAL.—The heads of appropriate departments and agencies of the 

executive branch shall cooperate with the Commission to expeditiously provide 

Commission members and staff with appropriate security clearances to the extent possible under applicable procedures and requirements. 

(2) PREFERENCES.—In appointing staff, obtaining detailees, and entering into 

contracts for the provision of services for the Commission, the Commission shall 

give preference to individuals otherwise who have active security clearances. 

(j) REPORTS.— 

(1) INTERIM REPORTS.—At any time prior to the submission of the final report 

under paragraph (2), the Commission may submit interim reports to the President and Congress such findings, conclusions, and recommendations to 

strengthen protections for democratic institutions in the United States as have 

been agreed to by a majority of the members of the Commission. 

(2) FINAL REPORT.—Not later than 18 months after the date of the first meeting of the Commission, the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations 

to strengthen protections for democratic institutions in the United States as 

have been agreed to by a majority of the members of the Commission. 

(k) TERMINATION.— 

(1) IN GENERAL.—The Commission shall terminate upon the expiration of the 

60-day period which begins on the date on which the Commission submits the 

final report required under subsection (j)(2). 

(2) ADMINISTRATIVE ACTIVITIES PRIOR TO TERMINATION.—During the 60-day 

period described in paragraph (2), the Commission may carry out such administrative activities as may be required to conclude its work, including providing 

testimony to committees of Congress concerning the final report and disseminating the final report. 


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Subtitle D—Promoting Cybersecurity Through 

Improvements in Election Administration 

SEC. 3301. TESTING OF EXISTING VOTING SYSTEMS TO ENSURE COMPLIANCE WITH ELECTION 

CYBERSECURITY GUIDELINES AND OTHER GUIDELINES. 

(a) REQUIRING TESTING OF EXISTING VOTING SYSTEMS.— (1) IN GENERAL.—Section 231(a) of the Help America Vote Act of 2002 (52 

U.S.C. 20971(a)) is amended by adding at the end the following new paragraph: 

‘‘(3) TESTING TO ENSURE COMPLIANCE WITH GUIDELINES.— ‘‘(A) TESTING.—Not later than 9 months before the date of each regularly 

scheduled general election for Federal office, the Commission shall provide 

for the testing by accredited laboratories under this section of the voting 

system hardware and software which was certified for use in the most recent such election, on the basis of the most recent voting system guidelines 

applicable to such hardware or software (including election cybersecurity 

guidelines) issued under this Act. 

‘‘(B) DECERTIFICATION OF HARDWARE OR SOFTWARE FAILING TO MEET

GUIDELINES.—If, on the basis of the testing described in subparagraph (A), 

the Commission determines that any voting system hardware or software 

does not meet the most recent guidelines applicable to such hardware or 

software issued under this Act, the Commission shall decertify such hardware or software.’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply 

with respect to the regularly scheduled general election for Federal office held 

in November 2020 and each succeeding regularly scheduled general election for 

Federal office. 

(b) ISSUANCE OF CYBERSECURITY GUIDELINES BY TECHNICAL GUIDELINES DEVELOP- MENT COMMITTEE.—Section 221(b) of the Help America Vote Act of 2002 (52 U.S.C. 

20961(b)) is amended by adding at the end the following new paragraph: 

‘‘(3) ELECTION CYBERSECURITY GUIDELINES.—Not later than 6 months after 

the date of the enactment of this paragraph, the Development Committee shall 

issue election cybersecurity guidelines, including standards and best practices 

for procuring, maintaining, testing, operating, and updating election systems to 

prevent and deter cybersecurity incidents.’’. 

SEC. 3302. TREATMENT OF ELECTRONIC POLL BOOKS AS PART OF VOTING SYSTEMS. 

(a) INCLUSION IN DEFINITION OF VOTING SYSTEM.—Section 301(b) of the Help 

America Vote Act of 2002 (52 U.S.C. 21081(b)) is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘this section’’ and inserting ‘‘this Act’’; 

(2) by striking ‘‘and’’ at the end of paragraph (1); 

(3) by redesignating paragraph (2) as paragraph (3); and 

(4) by inserting after paragraph (1) the following new paragraph: 

‘‘(2) any electronic poll book used with respect to the election; and’’. 

(b) DEFINITION.—Section 301 of such Act (52 U.S.C. 21081) is amended— 

(1) by redesignating subsections (c) and (d) as subsections (d) and (e); and 

(2) by inserting after subsection (b) the following new subsection: 

‘‘(c) ELECTRONIC POLL BOOK DEFINED.—In this Act, the term ‘electronic poll book’ 

means the total combination of mechanical, electromechanical, or electronic equipment (including the software, firmware, and documentation required to program, 

control, and support the equipment) that is used— 

‘‘(1) to retain the list of registered voters at a polling location, or vote center, 

or other location at which voters cast votes in an election for Federal office; and 

‘‘(2) to identify registered voters who are eligible to vote in an election.’’. 

(c) EFFECTIVE DATE.—Section 301(e) of such Act (52 U.S.C. 21081(e)), as redesignated by subsection (b), is amended by striking the period at the end and inserting 

the following: ‘‘, or, with respect to any requirements relating to electronic poll 

books, on and after January 1, 2020.’’. 

SEC. 3303. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE. 

(a) REQUIRING STATES TO SUBMIT REPORTS.—Title III of the Help America Vote 

Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after section 301 the 

following new section: 

‘‘SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE. 

‘‘(a) REQUIRING STATES TO SUBMIT REPORTS.—Not later than 120 days before the 

date of each regularly scheduled general election for Federal office, the chief State 

election official of a State shall submit a report to the Commission containing a detailed voting system usage plan for each jurisdiction in the State which will adminVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00062 Fmt 6659 Sfmt 6621 E:\HR\OC\HR015P1.XXX HR015P1

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ister the election, including a detailed plan for the usage of electronic poll books and 

other equipment and components of such system. 

‘‘(b) EFFECTIVE DATE.—Subsection (a) shall apply with respect to the regularly 

scheduled general election for Federal office held in November 2020 and each succeeding regularly scheduled general election for Federal office.’’. 

(b) CLERICAL AMENDMENT.—The table of contents of such Act is amended by inserting after the item relating to section 301 the following new item: 

‘‘Sec. 301A. Pre-election reports on voting system usage.’’. 

SEC. 3304. STREAMLINING COLLECTION OF ELECTION INFORMATION. 

Section 202 of the Help America Vote Act of 2002 (52 U.S.C. 20922) is amended— 

(1) by striking ‘‘The Commission’’ and inserting ‘‘(a) IN GENERAL.—The Commission’’; and 

(2) by adding at the end the following new subsection: 

‘‘(b) WAIVER OF CERTAIN REQUIREMENTS.—Subchapter I of chapter 35 of title 44, 

United States Code, shall not apply to the collection of information for purposes of 

maintaining the clearinghouse described in paragraph (1) of subsection (a).’’. 

Subtitle E—Preventing Election Hacking 

SEC. 3401. SHORT TITLE. 

This subtitle may be cited as the ‘‘Prevent Election Hacking Act of 2019’’. 

SEC. 3402. ELECTION SECURITY BUG BOUNTY PROGRAM. 

(a) ESTABLISHMENT.—Not later than 1 year after the date of the enactment of this 

Act, the Secretary shall establish a program to be known as the ‘‘Election Security 

Bug Bounty Program’’ (hereafter in this subtitle referred to as the ‘‘Program’’) to improve the cybersecurity of the systems used to administer elections for Federal office 

by facilitating and encouraging assessments by independent technical experts, in cooperation with State and local election officials and election service providers, to 

identify and report election cybersecurity vulnerabilities. 

(b) VOLUNTARY PARTICIPATION BY ELECTION OFFICIALS AND ELECTION SERVICE

PROVIDERS.— 

(1) NO REQUIREMENT TO PARTICIPATE IN PROGRAM.—Participation in the Program shall be entirely voluntary for State and local election officials and election service providers. 

(2) ENCOURAGING PARTICIPATION AND INPUT FROM ELECTION OFFICIALS.—In 

developing the Program, the Secretary shall solicit input from, and encourage 

participation by, State and local election officials. 

(c) ACTIVITIES FUNDED.—In establishing and carrying out the Program, the Secretary shall— 

(1) establish a process for State and local election officials and election service 

providers to voluntarily participate in the Program; 

(2) designate appropriate information systems to be included in the Program; 

(3) provide compensation to eligible individuals, organizations, and companies 

for reports of previously unidentified security vulnerabilities within the information systems designated under subparagraph (A) and establish criteria for individuals, organizations, and companies to be considered eligible for such compensation in compliance with Federal laws; 

(4) consult with the Attorney General on how to ensure that approved individuals, organizations, or companies that comply with the requirements of the Program are protected from prosecution under section 1030 of title 18, United 

States Code, and similar provisions of law, and from liability under civil actions 

for specific activities authorized under the Program; 

(5) consult with the Secretary of Defense and the heads of other departments 

and agencies that have implemented programs to provide compensation for reports of previously undisclosed vulnerabilities in information systems, regarding 

lessons that may be applied from such programs; 

(6) develop an expeditious process by which an individual, organization, or 

company can register with the Department, submit to a background check as 

determined by the Department, and receive a determination as to eligibility for 

participation in the Program; and 

(7) engage qualified interested persons, including representatives of private 

entities, about the structure of the Program and, to the extent practicable, establish a recurring competition for independent technical experts to assess election systems for the purpose of identifying and reporting election cybersecurity 

vulnerabilities; 


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(d) USE OF SERVICE PROVIDERS.—The Secretary may award competitive contracts 

as necessary to manage the Program. 

SEC. 3403. DEFINITIONS. 

In this subtitle, the following definitions apply: 

(1) The terms ‘‘election’’ and ‘‘Federal office’’ have the meanings given such 

terms in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 

30101). 

(2) The term ‘‘election cybersecurity vulnerability’’ means any security vulnerability (as defined in section 102 of the Cybersecurity Information Sharing Act 

of 2015 (6 U.S.C. 1501)) that affects an election system. 

(3) The term ‘‘election service provider’’ means any person providing, supporting, or maintaining an election system on behalf of a State or local election 

official, such as a contractor or vendor. 

(4) The term ‘‘election system’’ means any information system (as defined in 

section 3502 of title 44, United States Code) which is part of an election infrastructure. 

(5) The term ‘‘Secretary’’ means the Secretary of Homeland Security, or, upon 

designation by the Secretary of Homeland Security, the Deputy Secretary of 

Homeland Security, the Director of Cybersecurity and Infrastructure Security of 

the Department of Homeland Security, or a Senate-confirmed official that reports to the Director. 

(6) The term ‘‘State’’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of Northern Mariana Islands, and the United States Virgin Islands. 

(7) The term ‘‘voting system’’ has the meaning given such term in section 

301(b) of the Help America Vote Act of 2002 (52 U.S.C. 21081(b)). 

Subtitle F—Miscellaneous Provisions 

SEC. 3501. DEFINITIONS. 

Except as provided in section 3404, in this title, the following definitions apply: 

(1) The term ‘‘Chairman’’ means the chair of the Election Assistance Commission. 

(2) The term ‘‘appropriate congressional committees’’ means the Committees 

on Homeland Security and House Administration of the House of Representatives and the Committees on Homeland Security and Governmental Affairs and 

Rules and Administration of the Senate. 

(3) The term ‘‘chief State election official’’ means, with respect to a State, the 

individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the 

State’s responsibilities under such Act. 

(4) The term ‘‘Commission’’ means the Election Assistance Commission. 

(5) The term ‘‘democratic institutions’’ means the diverse range of institutions 

that are essential to ensuring an independent judiciary, free and fair elections, 

and rule of law. 

(6) The term ‘‘election agency’’ means any component of a State, or any component of a unit of local government in a State, which is responsible for the administration of elections for Federal office in the State. 

(7) The term ‘‘election infrastructure’’ means storage facilities, polling places, 

and centralized vote tabulation locations used to support the administration of 

elections for public office, as well as related information and communications 

technology, including voter registration databases, voting machines, electronic 

mail and other communications systems (including electronic mail and other 

systems of vendors who have entered into contracts with election agencies to 

support the administration of elections, manage the election process, and report 

and display election results), and other systems used to manage the election 

process and to report and display election results on behalf of an election agency. 

(8) The term ‘‘Secretary’’ means the Secretary of Homeland Security. 

(9) The term ‘‘State’’ has the meaning given such term in section 901 of the 

Help America Vote Act of 2002 (52 U.S.C. 21141). 

SEC. 3502. INITIAL REPORT ON ADEQUACY OF RESOURCES AVAILABLE FOR IMPLEMENTATION. 

Not later than 120 days after enactment of this Act, the Chairman and the Secretary shall submit a report to the appropriate committees of Congress, including 

the Committees on Homeland Security and House Administration of the House of 


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Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, analyzing the adequacy of the funding, resources, and personnel 

available to carry out this title and the amendments made by this title. 

Subtitle G—Severability 

SEC. 3601. SEVERABILITY. 

If any provision of this title or amendment made by this title, or the application 

of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not 

be affected by the holding. 

DIVISION B—CAMPAIGN FINANCE 

TITLE IV—CAMPAIGN FINANCE 

TRANSPARENCY 

Subtitle A—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. Application of ban on contributions and expenditures by foreign nationals to domestic corporations, 

limited liability corporations, and partnerships that are foreign-controlled, foreign-influenced, and foreign-owned. 

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

PART 2—REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS

Sec. 4111. Reporting of campaign-related disbursements. 

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

covered transfers. 

Sec. 4113. Effective date. 

PART 3—OTHER ADMINISTRATIVE REFORMS

Sec. 4121. Petition for certiorari. 

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

Subtitle C—Honest Ads 

Sec. 4201. Short title. 

Sec. 4202. Purpose. 

Sec. 4203. Findings. 

Sec. 4204. Sense of Congress. 

Sec. 4205. Expansion of definition of public communication. 

Sec. 4206. Expansion of definition of electioneering communication. 

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

Sec. 4208. Political record requirements for online platforms. 

Sec. 4209. Preventing contributions, expenditures, independent expenditures, and disbursements for electioneering communications by foreign nationals in the form of online advertising. 

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—[Reserved] 

Subtitle F—[Reserved] 

Subtitle G—[Reserved] 

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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Subtitle A—Findings Relating to Illicit Money 

Undermining Our Democracy 

SEC. 4001. FINDINGS RELATING TO ILLICIT MONEY UNDERMINING OUR DEMOCRACY. 

Congress finds the following: 

(1) Criminals, terrorists, and corrupt government officials frequently abuse 

anonymously held Limited Liability Companies (LLCs), also known as ‘‘shell 

companies,’’ to hide, move, and launder the dirty money derived from illicit activities such as trafficking, bribery, exploitation, and embezzlement. Ownership 

and control of the finances that run through shell companies are obscured to 

regulators and law enforcement because little information is required and collected when establishing these entities. 

(2) The public release of the ‘‘Panama Papers’’ in 2016 and the ‘‘Paradise Papers’’ in 2017 revealed that these shell companies often purchase and sell 

United States real estate. United States anti-money laundering laws do not 

apply to cash transactions involving real estate effectively concealing the beneficiaries and transactions from regulators and law enforcement. 

(3) Congress should curb the use of anonymous shell companies for illicit purposes by requiring United States companies to disclose their beneficial owners, 

strengthening anti-money laundering and counter-terrorism finance laws. 

(4) Congress should examine the money laundering and terrorist financing 

risks in the real estate market, including the role of anonymous parties, and 

review legislation to address any vulnerabilities identified in this sector. 

(5) Congress should examine the methods by which corruption flourishes and 

the means to detect and deter the financial misconduct that fuels this driver 

of global instability. Congress should monitor government efforts to enforce 

United States anti-corruption laws and regulations. 

Subtitle B—DISCLOSE Act 

SEC. 4100. SHORT TITLE. 

This subtitle may be cited as the ‘‘Democracy Is Strengthened by Casting Light 

On Spending in Elections Act of 2019’’ or the ‘‘DISCLOSE Act of 2019’’. 

PART 1—REGULATION OF CERTAIN POLITICAL 

SPENDING 

SEC. 4101. APPLICATION OF BAN ON CONTRIBUTIONS AND EXPENDITURES BY FOREIGN NATIONALS TO DOMESTIC CORPORATIONS, LIMITED LIABILITY CORPORATIONS, AND 

PARTNERSHIPS THAT ARE FOREIGN-CONTROLLED, FOREIGN-INFLUENCED, AND 

FOREIGN-OWNED. 

(a) APPLICATION OF BAN.— 

(1) IN GENERAL.—Section 319(b) of the Federal Election Campaign Act of 1971 

(52 U.S.C. 30121(b)) is amended— 

(A) by striking ‘‘or’’ at the end of paragraph (1); 

(B) by striking the period at the end of paragraph (2) and inserting ‘‘; or’’; 

and 

(C) by adding at the end the following new paragraph: 

‘‘(3) except as provided under subsection (c), any corporation, limited liability 

corporation, or partnership which is not a foreign national described in paragraph (1) and— 

‘‘(A) in which a foreign national described in paragraph (1) or (2) directly 

or indirectly owns or controls— 

‘‘(i) 5 percent or more of the voting shares, if the foreign national is 

a foreign country, a foreign government official, or a corporation principally owned or controlled by a foreign country or foreign government 

official; or 

‘‘(ii) 20 percent or more of the voting shares, if the foreign national 

is not described in clause (i); 

‘‘(B) in which two or more foreign nationals described in paragraph (1) 

or (2), each of whom owns or controls at least 5 percent of the voting 

shares, directly or indirectly own or control 50 percent or more of the voting 

shares; 

‘‘(C) over which one or more foreign nationals described in paragraph (1) 

or (2) has the power to direct, dictate, or control the decisionmaking process 


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of the corporation, limited liability corporation, or partnership with respect 

to its interests in the United States; or 

‘‘(D) over which one or more foreign nationals described in paragraph (1) 

or (2) has the power to direct, dictate, or control the decisionmaking process 

of the corporation, limited liability corporation, or partnership with respect 

to activities in connection with a Federal, State, or local election, including— 

‘‘(i) the making of a contribution, donation, expenditure, independent 

expenditure, or disbursement for an electioneering communication 

(within the meaning of section 304(f)(3)); or 

‘‘(ii) the administration of a political committee established or maintained by the corporation.’’. 

(2) ACTIVITIES OF CORPORATE PACS OF DOMESTIC SUBSIDIARIES.—Section 319 

of such Act (52 U.S.C. 30121) is amended by adding at the end the following 

new subsection: 

‘‘(c) ACTIVITIES OF CORPORATE PACS OF DOMESTIC SUBSIDIARIES.—Notwithstanding subsection (a), a foreign national described in subparagraph (A), (B), or (C) 

of subsection (b)(3) which is a domestic corporation whose principal place of business 

is within the United States may establish, administer and solicit contributions to 

a separate segregated fund pursuant to section 316(b)(2)(C) so long as— 

‘‘(1) the foreign national parent corporation of such domestic corporation does 

not directly or indirectly finance the establishment, administration, or solicitation activities of the fund; and 

‘‘(2) the fund is in compliance with complies with the requirements of section 

316(b)(8).’’. 

(b) CERTIFICATION OF COMPLIANCE.—Section 319 of such Act (52 U.S.C. 30121), 

as amended by subsection (a)(2), is further amended by adding at the end the following new subsection: 

‘‘(d) CERTIFICATION OF COMPLIANCE REQUIRED PRIOR TO CARRYING OUT ACTIVITY.—Prior to the making in connection with an election for Federal office of any 

contribution, donation, expenditure, independent expenditure, or disbursement for 

an electioneering communication by a corporation, limited liability corporation, or 

partnership during a year, the chief executive officer of the corporation, limited liability corporation, or partnership (or, if the corporation, limited liability corporation, or partnership does not have a chief executive officer, the highest ranking official of the corporation, limited liability corporation, or partnership), shall file a certification with the Commission, under penalty of perjury, that the corporation, limited liability corporation, or partnership is not prohibited from carrying out such activity under subsection (b)(3), unless the chief executive officer has previously filed 

such a certification during that calendar year.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section shall take effect 

upon the expiration of the 180-day period which begins on the date of the enactment 

of this Act, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. 

SEC. 4102. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN TO CERTAIN DISBURSEMENTS AND ACTIVITIES. 

(a) APPLICATION TO DISBURSEMENTS TO SUPER PACS.—Section 319(a)(1)(A) of the 

Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is amended by 

striking the semicolon and inserting the following: ‘‘, including any disbursement to 

a political committee which accepts donations or contributions that do not comply 

with the limitations, prohibitions, and reporting requirements of this Act (or any 

disbursement to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions);’’. 

(b) CONDITIONS UNDER WHICH CORPORATE PACS MAY MAKE CONTRIBUTIONS AND

EXPENDITURES.—Section 316(b) of such Act (52 U.S.C. 30118(b)) is amended by adding at the end the following new paragraph: 

‘‘(8) A separate segregated fund established by a corporation may not make a contribution or expenditure during a year unless the fund has certified to the Commission the following during the year: 

‘‘(A) Each individual who manages the fund, and who is responsible for exercising decisionmaking authority for the fund, is a citizen of the United States 

or is lawfully admitted for permanent residence in the United States. 

‘‘(B) No foreign national under section 319 participates in any way in the decisionmaking processes of the fund with regard to contributions or expenditures 

under this Act. 

‘‘(C) The fund does not solicit or accept recommendations from any foreign national under section 319 with respect to the contributions or expenditures made 

by the fund. 


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‘‘(D) Any member of the board of directors of the corporation who is a foreign 

national under section 319 abstains from voting on matters concerning the fund 

or its activities.’’. 

PART 2—REPORTING OF CAMPAIGN-RELATED 

DISBURSEMENTS 

SEC. 4111. REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS. 

(a) DISCLOSURE REQUIREMENTS FOR CORPORATIONS, LABOR ORGANIZATIONS, AND

CERTAIN OTHER ENTITIES.— 

(1) IN GENERAL.—Section 324 of the Federal Election Campaign Act of 1971 

(52 U.S.C. 30126) is amended to read as follows: 

‘‘SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSEMENTS BY COVERED ORGANIZATIONS. 

‘‘(a) DISCLOSURE STATEMENT.— 

‘‘(1) IN GENERAL.—Any covered organization that makes campaign-related disbursements aggregating more than $10,000 in an election reporting cycle shall, 

not later than 24 hours after each disclosure date, file a statement with the 

Commission made under penalty of perjury that contains the information described in paragraph (2)— 

‘‘(A) in the case of the first statement filed under this subsection, for the 

period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the first such disclosure date) and 

ending on the first such disclosure date; and 

‘‘(B) in the case of any subsequent statement filed under this subsection, 

for the period beginning on the previous disclosure date and ending on such 

disclosure date. 

‘‘(2) INFORMATION DESCRIBED.—The information described in this paragraph 

is as follows: 

‘‘(A) The name of the covered organization and the principal place of business of such organization and, in the case of a covered organization that 

is a corporation (other than a business concern that is an issuer of a class 

of securities registered under section 12 of the Securities Exchange Act of 

1934 (15 U.S.C. 78l) or that is required to file reports under section 15(d) 

of that Act (15 U.S.C. 78o(d))) or an entity described in subsection (e)(2), 

a list of the beneficial owners (as defined in paragraph (4)(A)) of the entity 

that— 

‘‘(i) identifies each beneficial owner by name and current residential 

or business street address; and 

‘‘(ii) if any beneficial owner exercises control over the entity through 

another legal entity, such as a corporation, partnership, limited liability 

company, or trust, identifies each such other legal entity and each such 

beneficial owner who will use that other entity to exercise control over 

the entity. 

‘‘(B) The amount of each campaign-related disbursement made by such 

organization during the period covered by the statement of more than 

$1,000, and the name and address of the person to whom the disbursement 

was made. 

‘‘(C) In the case of a campaign-related disbursement that is not a covered 

transfer, the election to which the campaign-related disbursement pertains 

and if the disbursement is made for a public communication, the name of 

any candidate identified in such communication and whether such communication is in support of or in opposition to a candidate. 

‘‘(D) A certification by the chief executive officer or person who is the 

head of the covered organization that the campaign-related disbursement is 

not made in cooperation, consultation, or concert with or at the request or 

suggestion of a candidate, authorized committee, or agent of a candidate, 

political party, or agent of a political party. 

‘‘(E)(i) If the covered organization makes campaign-related disbursements 

using exclusively funds in a segregated bank account consisting of funds 

that were paid directly to such account by persons other than the covered 

organization that controls the account, for each such payment to the account— 

‘‘(I) the name and address of each person who made such payment during the period covered by the statement; 

‘‘(II) the date and amount of such payment; and 


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‘‘(III) the aggregate amount of all such payments made by the 

person during the period beginning on the first day of the election 

reporting cycle (or, if earlier, the period beginning one year before 

the disclosure date) and ending on the disclosure date, 

but only if such payment was made by a person who made payments to the 

account in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date. 

‘‘(ii) In any calendar year after 2020, section 315(c)(1)(B) shall apply to 

the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), 

(a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the ‘base period’ shall be 

2020. 

‘‘(F)(i) If the covered organization makes campaign-related disbursements 

using funds other than funds in a segregated bank account described in 

subparagraph (E), for each payment to the covered organization— 

‘‘(I) the name and address of each person who made such payment during the period covered by the statement; 

‘‘(II) the date and amount of such payment; and 

‘‘(III) the aggregate amount of all such payments made by the 

person during the period beginning on the first day of the election 

reporting cycle (or, if earlier, the period beginning one year before 

the disclosure date) and ending on the disclosure date, 

but only if such payment was made by a person who made payments to the 

covered organization in an aggregate amount of $10,000 or more during the 

period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending 

on the disclosure date. 

‘‘(ii) In any calendar year after 2020, section 315(c)(1)(B) shall apply to 

the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), 

(a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the ‘base period’ shall be 

2020. 

‘‘(G) Such other information as required in rules established by the Commission to promote the purposes of this section. 

‘‘(3) EXCEPTIONS.— 

‘‘(A) AMOUNTS RECEIVED IN ORDINARY COURSE OF BUSINESS.—The requirement to include in a statement filed under paragraph (1) the information 

described in paragraph (2) shall not apply to amounts received by the covered organization in commercial transactions in the ordinary course of any 

trade or business conducted by the covered organization or in the form of 

investments (other than investments by the principal shareholder in a limited liability corporation) in the covered organization. For purposes of this 

subparagraph, amounts received by a covered organization as remittances 

from an employee to the employee’s collective bargaining representative 

shall be treated as amounts received in commercial transactions in the ordinary course of the business conducted by the covered organization. 

‘‘(B) DONOR RESTRICTION ON USE OF FUNDS.—The requirement to include 

in a statement submitted under paragraph (1) the information described in 

subparagraph (F) of paragraph (2) shall not apply if— 

‘‘(i) the person described in such subparagraph prohibited, in writing, 

the use of the payment made by such person for campaign-related disbursements; and 

‘‘(ii) the covered organization agreed to follow the prohibition and deposited the payment in an account which is segregated from any account used to make campaign-related disbursements. 

‘‘(C) THREAT OF HARASSMENT OR REPRISAL.—The requirement to include 

any information relating to the name or address of any person (other than 

a candidate) in a statement submitted under paragraph (1) shall not apply 

if the inclusion of the information would subject the person to serious 

threats, harassment, or reprisals. 

‘‘(4) OTHER DEFINITIONS.—For purposes of this section: 

‘‘(A) BENEFICIAL OWNER DEFINED.— 

‘‘(i) IN GENERAL.—Except as provided in clause (ii), the term ‘beneficial owner’ means, with respect to any entity, a natural person who, 

directly or indirectly— 


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‘‘(I) exercises substantial control over an entity through ownership, voting rights, agreement, or otherwise; or 

‘‘(II) has a substantial interest in or receives substantial economic benefits from the assets of an entity. 

‘‘(ii) EXCEPTIONS.—The term ‘beneficial owner’ shall not include— 

‘‘(I) a minor child; 

‘‘(II) a person acting as a nominee, intermediary, custodian, or 

agent on behalf of another person; 

‘‘(III) a person acting solely as an employee of an entity and 

whose control over or economic benefits from the entity derives 

solely from the employment status of the person; 

‘‘(IV) a person whose only interest in an entity is through a right 

of inheritance, unless the person also meets the requirements of 

clause (i); or 

‘‘(V) a creditor of an entity, unless the creditor also meets the requirements of clause (i). 

‘‘(iii) ANTI-ABUSE RULE.—The exceptions under clause (ii) shall not 

apply if used for the purpose of evading, circumventing, or abusing the 

provisions of clause (i) or paragraph (2)(A). 

‘‘(B) DISCLOSURE DATE.—The term ‘disclosure date’ means— 

‘‘(i) the first date during any election reporting cycle by which a person has made campaign-related disbursements aggregating more than 

$10,000; and 

‘‘(ii) any other date during such election reporting cycle by which a 

person has made campaign-related disbursements aggregating more 

than $10,000 since the most recent disclosure date for such election reporting cycle. 

‘‘(C) ELECTION REPORTING CYCLE.—The term ‘election reporting cycle’ 

means the 2-year period beginning on the date of the most recent general 

election for Federal office. 

‘‘(D) PAYMENT.—The term ‘payment’ includes any contribution, donation, 

transfer, payment of dues, or other payment. 

‘‘(b) COORDINATION WITH OTHER PROVISIONS.— 

‘‘(1) OTHER REPORTS FILED WITH THE COMMISSION.—Information included in a 

statement filed under this section may be excluded from statements and reports 

filed under section 304. 

‘‘(2) TREATMENT AS SEPARATE SEGREGATED FUND.—A segregated bank account 

referred to in subsection (a)(2)(E) may be treated as a separate segregated fund 

for purposes of section 527(f)(3) of the Internal Revenue Code of 1986. 

‘‘(c) FILING.—Statements required to be filed under subsection (a) shall be subject 

to the requirements of section 304(d) to the same extent and in the same manner 

as if such reports had been required under subsection (c) or (g) of section 304. 

‘‘(d) CAMPAIGN-RELATED DISBURSEMENT DEFINED.— 

‘‘(1) IN GENERAL.—In this section, the term ‘campaign-related disbursement’ 

means a disbursement by a covered organization for any of the following: 

‘‘(A) An independent expenditure which expressly advocates the election 

or defeat of a clearly identified candidate for election for Federal office, or 

is the functional equivalent of express advocacy because, when taken as a 

whole, it can be interpreted by a reasonable person only as advocating the 

election or defeat of a candidate for election for Federal office. 

‘‘(B) Any public communication which refers to a clearly identified candidate for election for Federal office and which promotes or supports the 

election of a candidate for that office, or attacks or opposes the election of 

a candidate for that office, without regard to whether the communication 

expressly advocates a vote for or against a candidate for that office. 

‘‘(C) An electioneering communication, as defined in section 304(f)(3). 

‘‘(D) A covered transfer. 

‘‘(2) INTENT NOT REQUIRED.—A disbursement for an item described in subparagraph (A), (B), (C), or (D) of paragraph (1) shall be treated as a campaignrelated disbursement regardless of the intent of the person making the disbursement. 

‘‘(e) COVERED ORGANIZATION DEFINED.—In this section, the term ‘covered organization’ means any of the following: 

‘‘(1) A corporation (other than an organization described in section 501(c)(3) 

of the Internal Revenue Code of 1986). 

‘‘(2) A limited liability corporation that is not otherwise treated as a corporation for purposes of this Act (other than an organization described in section 

501(c)(3) of the Internal Revenue Code of 1986). 


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‘‘(3) An organization described in section 501(c) of such Code and exempt from 

taxation under section 501(a) of such Code (other than an organization described in section 501(c)(3) of such Code). 

‘‘(4) A labor organization (as defined in section 316(b)). 

‘‘(5) Any political organization under section 527 of the Internal Revenue Code 

of 1986, other than a political committee under this Act (except as provided in 

paragraph (6)). 

‘‘(6) A political committee with an account that accepts donations or contributions that do not comply with the contribution limits or source prohibitions 

under this Act, but only with respect to such accounts. 

‘‘(f) COVERED TRANSFER DEFINED.— 

‘‘(1) IN GENERAL.—In this section, the term ‘covered transfer’ means any 

transfer or payment of funds by a covered organization to another person if the 

covered organization— 

‘‘(A) designates, requests, or suggests that the amounts be used for— 

‘‘(i) campaign-related disbursements (other than covered transfers); 

or 

‘‘(ii) making a transfer to another person for the purpose of making 

or paying for such campaign-related disbursements; 

‘‘(B) made such transfer or payment in response to a solicitation or other 

request for a donation or payment for— 

‘‘(i) the making of or paying for campaign-related disbursements 

(other than covered transfers); or 

‘‘(ii) making a transfer to another person for the purpose of making 

or paying for such campaign-related disbursements; 

‘‘(C) engaged in discussions with the recipient of the transfer or payment 

regarding— 

‘‘(i) the making of or paying for campaign-related disbursements 

(other than covered transfers); or 

‘‘(ii) donating or transferring any amount of such transfer or payment 

to another person for the purpose of making or paying for such campaign-related disbursements; 

‘‘(D) made campaign-related disbursements (other than a covered transfer) in an aggregate amount of $50,000 or more during the 2-year period 

ending on the date of the transfer or payment, or knew or had reason to 

know that the person receiving the transfer or payment made such disbursements in such an aggregate amount during that 2-year period; or 

‘‘(E) knew or had reason to know that the person receiving the transfer 

or payment would make campaign-related disbursements in an aggregate 

amount of $50,000 or more during the 2-year period beginning on the date 

of the transfer or payment. 

‘‘(2) EXCLUSIONS.—The term ‘covered transfer’ does not include any of the following: 

‘‘(A) A disbursement made by a covered organization in a commercial 

transaction in the ordinary course of any trade or business conducted by 

the covered organization or in the form of investments made by the covered 

organization. 

‘‘(B) A disbursement made by a covered organization if— 

‘‘(i) the covered organization prohibited, in writing, the use of such 

disbursement for campaign-related disbursements; and 

‘‘(ii) the recipient of the disbursement agreed to follow the prohibition 

and deposited the disbursement in an account which is segregated from 

any account used to make campaign-related disbursements. 

‘‘(3) SPECIAL RULE REGARDING TRANSFERS AMONG AFFILIATES.— 

‘‘(A) SPECIAL RULE.—A transfer of an amount by one covered organization 

to another covered organization which is treated as a transfer between affiliates under subparagraph (C) shall be considered a covered transfer by 

the covered organization which transfers the amount only if the aggregate 

amount transferred during the year by such covered organization to that 

same covered organization is equal to or greater than $50,000. 

‘‘(B) DETERMINATION OF AMOUNT OF CERTAIN PAYMENTS AMONG AFFILIATES.—In determining the amount of a transfer between affiliates for purposes of subparagraph (A), to the extent that the transfer consists of funds 

attributable to dues, fees, or assessments which are paid by individuals on 

a regular, periodic basis in accordance with a per-individual calculation 

which is made on a regular basis, the transfer shall be attributed to the 

individuals paying the dues, fees, or assessments and shall not be attributed to the covered organization. 


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‘‘(C) DESCRIPTION OF TRANSFERS BETWEEN AFFILIATES.—A transfer of 

amounts from one covered organization to another covered organization 

shall be treated as a transfer between affiliates if— 

‘‘(i) one of the organizations is an affiliate of the other organization; 

or 

‘‘(ii) each of the organizations is an affiliate of the same organization, 

except that the transfer shall not be treated as a transfer between affiliates 

if one of the organizations is established for the purpose of making campaign-related disbursements. 

‘‘(D) DETERMINATION OF AFFILIATE STATUS.—For purposes of subparagraph (C), a covered organization is an affiliate of another covered organization if— 

‘‘(i) the governing instrument of the organization requires it to be 

bound by decisions of the other organization; 

‘‘(ii) the governing board of the organization includes persons who are 

specifically designated representatives of the other organization or are 

members of the governing board, officers, or paid executive staff members of the other organization, or whose service on the governing board 

is contingent upon the approval of the other organization; or 

‘‘(iii) the organization is chartered by the other organization. 

‘‘(E) COVERAGE OF TRANSFERS TO AFFILIATED SECTION 501(c)(3) ORGANIZATIONS.—This paragraph shall apply with respect to an amount transferred 

by a covered organization to an organization described in paragraph (3) of 

section 501(c) of the Internal Revenue Code of 1986 and exempt from tax 

under section 501(a) of such Code in the same manner as this paragraph 

applies to an amount transferred by a covered organization to another covered organization. 

‘‘(g) NO EFFECT ON OTHER REPORTING REQUIREMENTS.—Nothing in this section 

shall be construed to waive or otherwise affect any other requirement of this Act 

which relates to the reporting of campaign-related disbursements.’’. 

(2) CONFORMING AMENDMENT.—Section 304(f)(6) of such Act (52 U.S.C. 30104) 

is amended by striking ‘‘Any requirement’’ and inserting ‘‘Except as provided in 

section 324(b), any requirement’’. 

(b) COORDINATION WITH FINCEN.— 

(1) IN GENERAL.—The Director of the Financial Crimes Enforcement Network 

of the Department of the Treasury shall provide the Federal Election Commission with such information as necessary to assist in administering and enforcing 

section 324 of the Federal Election Campaign Act of 1971, as added by this section. 

(2) REPORT.—Not later than 6 months after the date of the enactment of this 

Act, the Chairman of the Federal Election Commission, in consultation with the 

Director of the Financial Crimes Enforcement Network of the Department of 

the Treasury, shall submit to Congress a report with recommendations for providing further legislative authority to assist in the administration and enforcement of such section 324. 

SEC. 4112. APPLICATION OF FOREIGN MONEY BAN TO DISBURSEMENTS FOR CAMPAIGN-RELATED DISBURSEMENTS CONSISTING OF COVERED TRANSFERS. 

Section 319(a)(1)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 

30121(a)(1)(A)), as amended by section 4102, is amended by striking the semicolon 

and inserting the following: ‘‘, and any disbursement, other than an disbursement 

described in section 324(a)(3)(A), to another person who made a campaign-related 

disbursement consisting of a covered transfer (as described in section 324) during 

the 2-year period ending on the date of the disbursement;’’. 

SEC. 4113. EFFECTIVE DATE. 

The amendments made by this part shall apply with respect to disbursements 

made on or after January 1, 2020, and shall take effect without regard to whether 

or not the Federal Election Commission has promulgated regulations to carry out 

such amendments. 

PART 3—OTHER ADMINISTRATIVE REFORMS 

SEC. 4121. PETITION FOR CERTIORARI. 

Section 307(a)(6) of the Federal Election Campaign Act of 1971 (52 U.S.C. 

30107(a)(6)) is amended by inserting ‘‘(including a proceeding before the Supreme 

Court on certiorari)’’ after ‘‘appeal’’. 


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SEC. 4122. JUDICIAL REVIEW OF ACTIONS RELATED TO CAMPAIGN FINANCE LAWS. 

(a) IN GENERAL.—Title IV of the Federal Election Campaign Act of 1971 (52 

U.S.C. 30141 et seq.) is amended by inserting after section 406 the following new 

section: 

‘‘SEC. 407. JUDICIAL REVIEW. 

‘‘(a) IN GENERAL.—Notwithstanding section 373(f), if any action is brought for declaratory or injunctive relief to challenge the constitutionality of any provision of 

this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought 

to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the following rules shall apply: 

‘‘(1) The action shall be filed in the United States District Court for the District of Columbia and an appeal from the decision of the district court may be 

taken to the Court of Appeals for the District of Columbia Circuit. 

‘‘(2) In the case of an action relating to declaratory or injunctive relief to challenge the constitutionality of a provision— 

‘‘(A) a copy of the complaint shall be delivered promptly to the Clerk of 

the House of Representatives and the Secretary of the Senate; and 

‘‘(B) it shall be the duty of the United States District Court for the District of Columbia, the Court of Appeals for the District of Columbia, and 

the Supreme Court of the United States to advance on the docket and to 

expedite to the greatest possible extent the disposition of the action and appeal. 

‘‘(b) INTERVENTION BY MEMBERS OF CONGRESS.—In any action in which the constitutionality of any provision of this Act or chapter 95 or 96 of the Internal Revenue Code of 1986 is raised, any Member of the House of Representatives (including 

a Delegate or Resident Commissioner to the Congress) or Senate shall have the 

right to intervene either in support of or opposition to the position of a party to the 

case regarding the constitutionality of the provision. To avoid duplication of efforts 

and reduce the burdens placed on the parties to the action, the court in any such 

action may make such orders as it considers necessary, including orders to require 

interveners taking similar positions to file joint papers or to be represented by a 

single attorney at oral argument. 

‘‘(c) CHALLENGE BY MEMBERS OF CONGRESS.—Any Member of Congress may bring 

an action, subject to the special rules described in subsection (a), for declaratory or 

injunctive relief to challenge the constitutionality of any provision of this Act or 

chapter 95 or 96 of the Internal Revenue Code of 1986.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) IN GENERAL.— 

(A) Section 9011 of the Internal Revenue Code of 1986 is amended to read 

as follows: 

‘‘SEC. 9011. JUDICIAL REVIEW. 

‘‘For provisions relating to judicial review of certifications, determinations, and actions by the Commission under this chapter, see section 407 of the Federal Election 

Campaign Act of 1971.’’. 

(B) Section 9041 of the Internal Revenue Code of 1986 is amended to read 

as follows: 

‘‘SEC. 9041. JUDICIAL REVIEW. 

‘‘For provisions relating to judicial review of actions by the Commission under this 

chapter, see section 407 of the Federal Election Campaign Act of 1971.’’. 

(C) Section 403 of the Bipartisan Campaign Reform Act of 2002 (52 

U.S.C. 30110 note) is repealed. 

(c) EFFECTIVE DATE.—The amendments made by this section shall apply to actions brought on or after January 1, 2019. 

Subtitle C—Honest Ads 

SEC. 4201. SHORT TITLE. 

This subtitle may be cited as the ‘‘Honest Ads Act’’. 

SEC. 4202. PURPOSE. 

The purpose of this subtitle is to enhance the integrity of American democracy 

and national security by improving disclosure requirements for online political advertisements in order to uphold the Supreme Court’s well-established standard that 

the electorate bears the right to be fully informed. 


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SEC. 4203. FINDINGS. 

Congress makes the following findings: 

(1) On January 6, 2017, the Office of the Director of National Intelligence 

published a report titled ‘‘Assessing Russian Activities and Intentions in Recent 

U.S. Elections’’, noting that ‘‘Russian President Vladimir Putin ordered an influence campaign in 2016 aimed at the US presidential election . . .’’. Moscow’s 

influence campaign followed a Russian messaging strategy that blends covert 

intelligence operation—such as cyber activity—with overt efforts by Russian 

Government agencies, state-funded media, third-party intermediaries, and paid 

social media users or ‘‘trolls’’. 

(2) On November 24, 2016, The Washington Post reported findings from 2 

teams of independent researchers that concluded Russians ‘‘exploited Americanmade technology platforms to attack U.S. democracy at a particularly vulnerable moment . . . as part of a broadly effective strategy of sowing distrust in 

U.S. democracy and its leaders.’’. 

(3) Findings from a 2017 study on the manipulation of public opinion through 

social media conducted by the Computational Propaganda Research Project at 

the Oxford Internet Institute found that the Kremlin is using pro-Russian bots 

to manipulate public discourse to a highly targeted audience. With a sample of 

nearly 1,300,000 tweets, researchers found that in the 2016 election’s 3 decisive 

States, propaganda constituted 40 percent of the sampled election-related 

tweets that went to Pennsylvanians, 34 percent to Michigan voters, and 30 percent to those in Wisconsin. In other swing States, the figure reached 42 percent 

in Missouri, 41 percent in Florida, 40 percent in North Carolina, 38 percent in 

Colorado, and 35 percent in Ohio. 

(4) On September 6, 2017, the nation’s largest social media platform disclosed 

that between June 2015 and May 2017, Russian entities purchased $100,000 in 

political advertisements, publishing roughly 3,000 ads linked to fake accounts 

associated with the Internet Research Agency, a pro-Kremlin organization. According to the company, the ads purchased focused ‘‘on amplifying divisive social and political messages . . .’’. 

(5) In 2002, the Bipartisan Campaign Reform Act became law, establishing 

disclosure requirements for political advertisements distributed from a television or radio broadcast station or provider of cable or satellite television. In 

2003, the Supreme Court upheld regulations on electioneering communications 

established under the Act, noting that such requirements ‘‘provide the electorate with information and insure that the voters are fully informed about the 

person or group who is speaking.’’. 

(6) According to a study from Borrell Associates, in 2016, $1,415,000,000 was 

spent on online advertising, more than quadruple the amount in 2012. 

(7) The reach of a few large internet platforms—larger than any broadcast, 

satellite, or cable provider—has greatly facilitated the scope and effectiveness 

of disinformation campaigns. For instance, the largest platform has over 

210,000,000 Americans users—over 160,000,000 of them on a daily basis. By 

contrast, the largest cable television provider has 22,430,000 subscribers, while 

the largest satellite television provider has 21,000,000 subscribers. And the 

most-watched television broadcast in United States history had 118,000,000 

viewers. 

(8) The public nature of broadcast television, radio, and satellite ensures a 

level of publicity for any political advertisement. These communications are accessible to the press, fact-checkers, and political opponents; this creates strong 

disincentives for a candidate to disseminate materially false, inflammatory, or 

contradictory messages to the public. Social media platforms, in contrast, can 

target portions of the electorate with direct, ephemeral advertisements often on 

the basis of private information the platform has on individuals, enabling political advertisements that are contradictory, racially or socially inflammatory, or 

materially false. 

(9) According to comScore, 2 companies own 8 of the 10 most popular 

smartphone applications as of June 2017, including the most popular social 

media and email services—which deliver information and news to users without 

requiring proactivity by the user. Those same 2 companies accounted for 99 percent of revenue growth from digital advertising in 2016, including 77 percent 

of gross spending. 79 percent of online Americans—representing 68 percent of 

all Americans—use the single largest social network, while 66 percent of these 

users are most likely to get their news from that site. 

(10) In its 2006 rulemaking, the Federal Election Commission noted that only 

18 percent of all Americans cited the internet as their leading source of news 

about the 2004 Presidential election; by contrast, the Pew Research Center 


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found that 65 percent of Americans identified an internet-based source as their 

leading source of information for the 2016 election. 

(11) The Federal Election Commission, the independent Federal agency 

charged with protecting the integrity of the Federal campaign finance process 

by providing transparency and administering campaign finance laws, has failed 

to take action to address online political advertisements. 

(12) In testimony before the Senate Select Committee on Intelligence titled, 

‘‘Disinformation: A Primer in Russian Active Measures and Influence Campaigns’’, multiple expert witnesses testified that while the disinformation tactics 

of foreign adversaries have not necessarily changed, social media services now 

provide ‘‘platform[s] practically purpose-built for active measures[.]’’ Similarly, 

as Gen. Keith B. Alexander (RET.), the former Director of the National Security 

Agency, testified, during the Cold War ‘‘if the Soviet Union sought to manipulate information flow, it would have to do so principally through its own propaganda outlets or through active measures that would generate specific news: 

planting of leaflets, inciting of violence, creation of other false materials and 

narratives. But the news itself was hard to manipulate because it would have 

required actual control of the organs of media, which took long-term efforts to 

penetrate. Today, however, because the clear majority of the information on social media sites is uncurated and there is a rapid proliferation of information 

sources and other sites that can reinforce information, there is an increasing 

likelihood that the information available to average consumers may be inaccurate (whether intentionally or otherwise) and may be more easily manipulable 

than in prior eras.’’. 

(13) Current regulations on political advertisements do not provide sufficient 

transparency to uphold the public’s right to be fully informed about political advertisements made online. 

SEC. 4204. SENSE OF CONGRESS. 

It is the sense of Congress that— 

(1) the dramatic increase in digital political advertisements, and the growing 

centrality of online platforms in the lives of Americans, requires the Congress 

and the Federal Election Commission to take meaningful action to ensure that 

laws and regulations provide the accountability and transparency that is fundamental to our democracy;. 

(2) free and fair elections require both transparency and accountability which 

give the public a right to know the true sources of funding for political advertisements in order to make informed political choices and hold elected officials 

accountable; and 

(3) transparency of funding for political advertisements is essential to enforce 

other campaign finance laws, including the prohibition on campaign spending 

by foreign nationals. 

SEC. 4205. EXPANSION OF DEFINITION OF PUBLIC COMMUNICATION. 

(a) IN GENERAL.—Paragraph (22) of section 301 of the Federal Election Campaign 

Act of 1971 (52 U.S.C. 30101(22)) is amended by striking ‘‘or satellite communication’’ and inserting ‘‘satellite, paid internet, or paid digital communication’’. 

(b) TREATMENT OF CONTRIBUTIONS AND EXPENDITURES.—Section 301 of such Act 

(52 U.S.C. 30101) is amended— 

(1) in paragraph (8)(B)— 

(A) in clause (v), by striking ‘‘on broadcasting stations, or in newspapers, 

magazines, or similar types of general public political advertising’’ and inserting ‘‘in any public communication’’; 

(B) in clause (ix), by striking ‘‘broadcasting, newspaper, magazine, billboard, direct mail, or similar type of general public communication or political advertising’’ and inserting ‘‘public communication’’; and 

(C) in clause (x), by striking ‘‘but not including the use of broadcasting, 

newspapers, magazines, billboards, direct mail, or similar types of general 

public communication or political advertising’’ and inserting ‘‘but not including use in any public communication’’; and 

(2) in paragraph (9)(B)— 

(A) by amending clause (i) to read as follows: 

‘‘(i) any news story, commentary, or editorial distributed through the 

facilities of any broadcasting station or any print, online, or digital 

newspaper, magazine, blog, publication, or periodical, unless such 

broadcasting, print, online, or digital facilities are owned or controlled 

by any political party, political committee, or candidate;’’; and 

(B) in clause (iv), by striking ‘‘on broadcasting stations, or in newspapers, 

magazines, or similar types of general public political advertising’’ and inserting ‘‘in any public communication’’. 


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(c) DISCLOSURE AND DISCLAIMER STATEMENTS.—Subsection (a) of section 318 of 

such Act (52 U.S.C. 30120) is amended— 

(1) by striking ‘‘financing any communication through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other 

type of general public political advertising’’ and inserting ‘‘financing any public 

communication’’; and 

(2) by striking ‘‘solicits any contribution through any broadcasting station, 

newspaper, magazine, outdoor advertising facility, mailing, or any other type of 

general public political advertising’’ and inserting ‘‘solicits any contribution 

through any public communication’’. 

SEC. 4206. EXPANSION OF DEFINITION OF ELECTIONEERING COMMUNICATION. 

(a) EXPANSION TO ONLINE COMMUNICATIONS.— 

(1) APPLICATION TO QUALIFIED INTERNET AND DIGITAL COMMUNICATIONS.— 

(A) IN GENERAL.—Subparagraph (A) of section 304(f)(3) of the Federal 

Election Campaign Act of 1971 (52 U.S.C. 30104(f)(3)(A)) is amended by 

striking ‘‘or satellite communication’’ each place it appears in clauses (i) and 

(ii) and inserting ‘‘satellite, or qualified internet or digital communication’’. 

(B) QUALIFIED INTERNET OR DIGITAL COMMUNICATION.—Paragraph (3) of 

section 304(f) of such Act (52 U.S.C. 30104(f)) is amended by adding at the 

end the following new subparagraph: 

‘‘(D) QUALIFIED INTERNET OR DIGITAL COMMUNICATION.—The term ‘qualified internet or digital communication’ means any communication which is 

placed or promoted for a fee on an online platform (as defined in subsection 

(j)(3)).’’. 

(2) NONAPPLICATION OF RELEVANT ELECTORATE TO ONLINE COMMUNICATIONS.—Section 304(f)(3)(A)(i)(III) of such Act (52 U.S.C. 30104(f)(3)(A)(i)(III)) is 

amended by inserting ‘‘any broadcast, cable, or satellite’’ before ‘‘communication’’. 

(3) NEWS EXEMPTION.—Section 304(f)(3)(B)(i) of such Act (52 U.S.C. 

30104(f)(3)(B)(i)) is amended to read as follows: 

‘‘(i) a communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station or 

any online or digital newspaper, magazine, blog, publication, or periodical, unless such broadcasting, online, or digital facilities are owned 

or controlled by any political party, political committee, or candidate;’’. 

(b) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to communications made on or after January 1, 2020. 

SEC. 4207. APPLICATION OF DISCLAIMER STATEMENTS TO ONLINE COMMUNICATIONS. 

(a) CLEAR AND CONSPICUOUS MANNER REQUIREMENT.—Subsection (a) of section 

318 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30120(a)) is amended— 

(1) by striking ‘‘shall clearly state’’ each place it appears in paragraphs (1), 

(2), and (3) and inserting ‘‘shall state in a clear and conspicuous manner’’; and 

(2) by adding at the end the following flush sentence: ‘‘For purposes of this 

section, a communication does not make a statement in a clear and conspicuous 

manner if it is difficult to read or hear or if the placement is easily overlooked.’’. 

(b) SPECIAL RULES FOR QUALIFIED INTERNET OR DIGITAL COMMUNICATIONS.— 

(1) IN GENERAL.—Section 318 of such Act (52 U.S.C. 30120) is amended by 

adding at the end the following new subsection: 

‘‘(e) SPECIAL RULES FOR QUALIFIED INTERNET OR DIGITAL COMMUNICATIONS.— 

‘‘(1) SPECIAL RULES WITH RESPECT TO STATEMENTS.—In the case of any qualified internet or digital communication (as defined in section 304(f)(3)(D)) which 

is disseminated through a medium in which the provision of all of the information specified in this section is not possible, the communication shall, in a clear 

and conspicuous manner— 

‘‘(A) state the name of the person who paid for the communication; and 

‘‘(B) provide a means for the recipient of the communication to obtain the 

remainder of the information required under this section with minimal effort and without receiving or viewing any additional material other than 

such required information. 

‘‘(2) SAFE HARBOR FOR DETERMINING CLEAR AND CONSPICUOUS MANNER.—A 

statement in qualified internet or digital communication (as defined in section 

304(f)(3)(D)) shall be considered to be made in a clear and conspicuous manner 

as provided in subsection (a) if the communication meets the following requirements: 

‘‘(A) TEXT OR GRAPHIC COMMUNICATIONS.—In the case of a text or graphic 

communication, the statement— 


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‘‘(i) appears in letters at least as large as the majority of the text in 

the communication; and 

‘‘(ii) meets the requirements of paragraphs (2) and (3) of subsection 

(c). 

‘‘(B) AUDIO COMMUNICATIONS.—In the case of an audio communication, 

the statement is spoken in a clearly audible and intelligible manner at the 

beginning or end of the communication and lasts at least 3 seconds. 

‘‘(C) VIDEO COMMUNICATIONS.—In the case of a video communication 

which also includes audio, the statement— 

‘‘(i) is included at either the beginning or the end of the communication; and 

‘‘(ii) is made both in— 

‘‘(I) a written format that meets the requirements of subparagraph (A) and appears for at least 4 seconds; and 

‘‘(II) an audible format that meets the requirements of subparagraph (B). 

‘‘(D) OTHER COMMUNICATIONS.—In the case of any other type of communication, the statement is at least as clear and conspicuous as the statement specified in subparagraph (A), (B), or (C).’’. 

(2) NONAPPLICATION OF CERTAIN EXCEPTIONS.—The exceptions provided in 

section 110.11(f)(1)(i) and (ii) of title 11, Code of Federal Regulations, or any 

successor to such rules, shall have no application to qualified internet or digital 

communications (as defined in section 304(f)(3)(D) of the Federal Election Campaign Act of 1971). 

(c) MODIFICATION OF ADDITIONAL REQUIREMENTS FOR CERTAIN COMMUNICATIONS.—Section 318(d) of such Act (52 U.S.C. 30120(d)) is amended— 

(1) in paragraph (1)(A)— 

(A) by striking ‘‘which is transmitted through radio’’ and inserting ‘‘which 

is in an audio format’’; and 

(B) by striking ‘‘BY RADIO’’ in the heading and inserting ‘‘AUDIO FORMAT’’; 

(2) in paragraph (1)(B)— 

(A) by striking ‘‘which is transmitted through television’’ and inserting 

‘‘which is in video format’’; and 

(B) by striking ‘‘BY TELEVISION’’ in the heading and inserting ‘‘VIDEO FORMAT’’; and 

(3) in paragraph (2)— 

(A) by striking ‘‘transmitted through radio or television’’ and inserting 

‘‘made in audio or video format’’; and 

(B) by striking ‘‘through television’’ in the second sentence and inserting 

‘‘in video format’’. 

SEC. 4208. POLITICAL RECORD REQUIREMENTS FOR ONLINE PLATFORMS. 

(a) IN GENERAL.—Section 304 of the Federal Election Campaign Act of 1971 (52 

U.S.C. 30104) is amended by adding at the end the following new subsection: 

‘‘(j) DISCLOSURE OF CERTAIN ONLINE ADVERTISEMENTS.— 

‘‘(1) IN GENERAL.— 

‘‘(A) REQUIREMENTS FOR ONLINE PLATFORMS.—An online platform shall 

maintain, and make available for online public inspection in machine readable format, a complete record of any request to purchase on such online 

platform a qualified political advertisement which is made by a person 

whose aggregate requests to purchase qualified political advertisements on 

such online platform during the calendar year exceeds $500. 

‘‘(B) REQUIREMENTS FOR ADVERTISERS.—Any person who requests to purchase a qualified political advertisement on an online platform shall provide 

the online platform with such information as is necessary for the online 

platform to comply with the requirements of subparagraph (A). 

‘‘(2) CONTENTS OF RECORD.—A record maintained under paragraph (1)(A) 

shall contain— 

‘‘(A) a digital copy of the qualified political advertisement; 

‘‘(B) a description of the audience targeted by the advertisement, the 

number of views generated from the advertisement, and the date and time 

that the advertisement is first displayed and last displayed; and 

‘‘(C) information regarding— 

‘‘(i) the average rate charged for the advertisement; 

‘‘(ii) the name of the candidate to which the advertisement refers and 

the office to which the candidate is seeking election, the election to 

which the advertisement refers, or the national legislative issue to 

which the advertisement refers (as applicable); 


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‘‘(iii) in the case of a request made by, or on behalf of, a candidate, 

the name of the candidate, the authorized committee of the candidate, 

and the treasurer of such committee; and 

‘‘(iv) in the case of any request not described in clause (iii), the name 

of the person purchasing the advertisement, the name and address of 

a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors 

of such person. 

‘‘(3) ONLINE PLATFORM.—For purposes of this subsection, the term ‘online 

platform’ means any public-facing website, web application, or digital application (including a social network, ad network, or search engine) which— 

‘‘(A) sells qualified political advertisements; and 

‘‘(B) has 50,000,000 or more unique monthly United States visitors or 

users for a majority of months during the preceding 12 months. 

‘‘(4) QUALIFIED POLITICAL ADVERTISEMENT.—For purposes of this subsection, 

the term ‘qualified political advertisement’ means any advertisement (including 

search engine marketing, display advertisements, video advertisements, native 

advertisements, and sponsorships) that— 

‘‘(A) is made by or on behalf of a candidate; or 

‘‘(B) communicates a message relating to any political matter of national 

importance, including— 

‘‘(i) a candidate; 

‘‘(ii) any election to Federal office; or 

‘‘(iii) a national legislative issue of public importance. 

‘‘(5) TIME TO MAINTAIN FILE.—The information required under this subsection 

shall be made available as soon as possible and shall be retained by the online 

platform for a period of not less than 4 years. 

‘‘(6) SAFE HARBOR FOR PLATFORMS MAKING BEST EFFORTS TO IDENTIFY RE- QUESTS WHICH ARE SUBJECT TO RECORD MAINTENANCE REQUIREMENTS.—In accordance with rules established by the Commission, if an online platform shows 

that the platform used best efforts to determine whether or not a request to 

purchase a qualified political advertisement was subject to the requirements of 

this subsection, the online platform shall not be considered to be in violation 

of such requirements. 

‘‘(7) PENALTIES.—For penalties for failure by online platforms, and persons requesting to purchase a qualified political advertisement on online platforms, to 

comply with the requirements of this subsection, see section 309.’’. 

(b) RULEMAKING.—Not later than 120 days after the date of the enactment of this 

Act, the Federal Election Commission shall establish rules— 

(1) requiring common data formats for the record required to be maintained 

under section 304(j) of the Federal Election Campaign Act of 1971 (as added by 

subsection (a)) so that all online platforms submit and maintain data online in 

a common, machine-readable and publicly accessible format; and 

(2) establishing search interface requirements relating to such record, including searches by candidate name, issue, purchaser, and date; and 

(3) establishing the criteria for the safe harbor exception provided under paragraph (6) of section 304(j) of such Act (as added by subsection (a)). 

(c) REPORTING.—Not later than 2 years after the date of the enactment of this Act, 

and biannually thereafter, the Chairman of the Federal Election Commission shall 

submit a report to Congress on— 

(1) matters relating to compliance with and the enforcement of the requirements of section 304(j) of the Federal Election Campaign Act of 1971, as added 

by subsection (a); 

(2) recommendations for any modifications to such section to assist in carrying out its purposes; and 

(3) identifying ways to bring transparency and accountability to political advertisements distributed online for free. 

SEC. 4209. PREVENTING CONTRIBUTIONS, EXPENDITURES, INDEPENDENT EXPENDITURES, 

AND DISBURSEMENTS FOR ELECTIONEERING COMMUNICATIONS BY FOREIGN NATIONALS IN THE FORM OF ONLINE ADVERTISING. 

Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121), as 

amended by section 4101(a)(2) and section 4101(b), is further amended by adding 

at the end the following new subsection: 

‘‘(e) RESPONSIBILITIES OF BROADCAST STATIONS, PROVIDERS OF CABLE AND SATELLITE TELEVISION, AND ONLINE PLATFORMS.—Each television or radio broadcast 

station, provider of cable or satellite television, or online platform (as defined in section 304(j)(3)) shall make reasonable efforts to ensure that communications described in section 318(a) and made available by such station, provider, or platform 

are not purchased by a foreign national, directly or indirectly.’’. 


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Subtitle D—Stand By Every Ad 

SEC. 4301. SHORT TITLE. 

This Act may be cited as the ‘‘Stand By Every Ad Act’’. 

SEC. 4302. STAND BY EVERY AD. 

(a) EXPANDED DISCLAIMER REQUIREMENTS FOR CERTAIN COMMUNICATIONS.—Section 318 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30120), as amended by section 4207(b)(1), is further amended— 

(1) by redesignating subsection (e) as subsection (f); and 

(2) by inserting after subsection (d) the following new subsection: 

‘‘(e) EXPANDED DISCLAIMER REQUIREMENTS FOR COMMUNICATIONS NOT AUTHOR- IZED BY CANDIDATES OR COMMITTEES.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (6), any communication 

described in paragraph (3) of subsection (a) which is transmitted in an audio 

or video format (including an Internet or digital communication), or which is an 

Internet or digital communication transmitted in a text or graphic format, shall 

include, in addition to the requirements of paragraph (3) of subsection (a), the 

following: 

‘‘(A) The individual disclosure statement described in paragraph (2)(A) (if 

the person paying for the communication is an individual) or the organizational disclosure statement described in paragraph (2)(B) (if the person paying for the communication is not an individual). 

‘‘(B) If the communication is transmitted in a video format, or is an Internet or digital communication which is transmitted in a text or graphic format, and is paid for in whole or in part with a payment which is treated 

as a campaign-related disbursement under section 324— 

‘‘(i) the Top Five Funders list (if applicable); or 

‘‘(ii) in the case of a communication which, as determined on the 

basis of criteria established in regulations issued by the Commission, 

is of such short duration that including the Top Five Funders list in 

the communication would constitute a hardship to the person paying 

for the communication by requiring a disproportionate amount of the 

content of the communication to consist of the Top Five Funders list, 

the name of a website which contains the Top Five Funders list (if applicable) or, in the case of an Internet or digital communication, a 

hyperlink to such website. 

‘‘(C) If the communication is transmitted in an audio format and is paid 

for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324— 

‘‘(i) the Top Two Funders list (if applicable); or 

‘‘(ii) in the case of a communication which, as determined on the 

basis of criteria established in regulations issued by the Commission, 

is of such short duration that including the Top Two Funders list in 

the communication would constitute a hardship to the person paying 

for the communication by requiring a disproportionate amount of the 

content of the communication to consist of the Top Two Funders list, 

the name of a website which contains the Top Two Funders list (if applicable). 

‘‘(2) DISCLOSURE STATEMENTS DESCRIBED.— 

‘‘(A) INDIVIDUAL DISCLOSURE STATEMENTS.—The individual disclosure 

statement described in this subparagraph is the following: ‘I am 

llllllll, and I approve this message.’, with the blank filled in 

with the name of the applicable individual. 

‘‘(B) ORGANIZATIONAL DISCLOSURE STATEMENTS.—The organizational disclosure statement described in this subparagraph is the following: ‘I am 

llllllll, the llllllll of llllllll, and 

llllllll approves this message.’, with— 

‘‘(i) the first blank to be filled in with the name of the applicable individual; 

‘‘(ii) the second blank to be filled in with the title of the applicable 

individual; and 

‘‘(iii) the third and fourth blank each to be filled in with the name 

of the organization or other person paying for the communication. 

‘‘(3) METHOD OF CONVEYANCE OF STATEMENT.— 

‘‘(A) COMMUNICATIONS IN TEXT OR GRAPHIC FORMAT.—In the case of a 

communication to which this subsection applies which is transmitted in a 

text or graphic format, the disclosure statements required under paragraph 


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(1) shall appear in letters at least as large as the majority of the text in 

the communication. 

‘‘(B) COMMUNICATIONS TRANSMITTED IN AUDIO FORMAT.—In the case of a 

communication to which this subsection applies which is transmitted in an 

audio format, the disclosure statements required under paragraph (1) shall 

be made by audio by the applicable individual in a clear and conspicuous 

manner. ‘‘(C) COMMUNICATIONS TRANSMITTED IN VIDEO FORMAT.—In the case of a 

communication to which this subsection applies which is transmitted in a 

video format, the information required under paragraph (1)— 

‘‘(i) shall appear in writing at the end of the communication or in a 

crawl along the bottom of the communication in a clear and conspicuous manner, with a reasonable degree of color contrast between 

the background and the printed statement, for a period of at least 6 

seconds; and 

‘‘(ii) shall also be conveyed by an unobscured, full-screen view of the 

applicable individual or by the applicable individual making the statement in voice-over accompanied by a clearly identifiable photograph or 

similar image of the individual, except in the case of a Top Five 

Funders list. 

‘‘(4) APPLICABLE INDIVIDUAL DEFINED.—The term ‘applicable individual’ 

means, with respect to a communication to which this subsection applies— 

‘‘(A) if the communication is paid for by an individual, the individual involved; 

‘‘(B) if the communication is paid for by a corporation, the chief executive 

officer of the corporation (or, if the corporation does not have a chief executive officer, the highest ranking official of the corporation); 

‘‘(C) if the communication is paid for by a labor organization, the highest 

ranking officer of the labor organization; and 

‘‘(D) if the communication is paid for by any other person, the highest 

ranking official of such person. 

‘‘(5) TOP FIVE FUNDERS LIST AND TOP TWO FUNDERS LIST DEFINED.— 

‘‘(A) TOP FIVE FUNDERS LIST.—The term ‘Top Five Funders list’ means, 

with respect to a communication which is paid for in whole or in part with 

a campaign-related disbursement (as defined in section 324), a list of the 

five persons who, during the 12-month period ending on the date of the disbursement, provided the largest payments of any type in an aggregate 

amount equal to or exceeding $10,000 to the person who is paying for the 

communication and the amount of the payments each such person provided. 

If two or more people provided the fifth largest of such payments, the person paying for the communication shall select one of those persons to be 

included on the Top Five Funders list. 

‘‘(B) TOP TWO FUNDERS LIST.—The term ‘Top Two Funders list’ means, 

with respect to a communication which is paid for in whole or in part with 

a campaign-related disbursement (as defined in section 324), a list of the 

persons who, during the 12-month period ending on the date of the disbursement, provided the largest and the second largest payments of any 

type in an aggregate amount equal to or exceeding $10,000 to the person 

who is paying for the communication and the amount of the payments each 

such person provided. If two or more persons provided the second largest 

of such payments, the person paying for the communication shall select one 

of those persons to be included on the Top Two Funders list. 

‘‘(C) EXCLUSION OF CERTAIN PAYMENTS.—For purposes of subparagraphs 

(A) and (B), in determining the amount of payments made by a person to 

a person paying for a communication, there shall be excluded the following: 

‘‘(i) Any amounts provided in the ordinary course of any trade or 

business conducted by the person paying for the communication or in 

the form of investments in the person paying for the communication. 

‘‘(ii) Any payment which the person prohibited, in writing, from being 

used for campaign-related disbursements, but only if the person paying 

for the communication agreed to follow the prohibition and deposited 

the payment in an account which is segregated from any account used 

to make campaign-related disbursements. 

‘‘(6) SPECIAL RULES FOR CERTAIN COMMUNICATIONS.— 

‘‘(A) EXCEPTION FOR COMMUNICATIONS PAID FOR BY POLITICAL PARTIES AND

CERTAIN POLITICAL COMMITTEES.—This subsection does not apply to any 

communication to which subsection (d)(2) applies. 

‘‘(B) TREATMENT OF VIDEO COMMUNICATIONS LASTING 10 SECONDS OR

LESS.—In the case of a communication to which this subsection applies 


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which is transmitted in a video format, or is an Internet or digital communication which is transmitted in a text or graphic format, the communication shall meet the following requirements: 

‘‘(i) The communication shall include the individual disclosure statement described in paragraph (2)(A) (if the person paying for the communication is an individual) or the organizational disclosure statement 

described in paragraph (2)(B) (if the person paying for the communication is not an individual). 

‘‘(ii) The statement described in clause (i) shall appear in writing at 

the end of the communication, or in a crawl along the bottom of the 

communication, in a clear and conspicuous manner, with a reasonable 

degree of color contrast between the background and the printed statement, for a period of at least 4 seconds. 

‘‘(iii) The communication shall include, in a clear and conspicuous 

manner, a website address with a landing page which will provide all 

of the information described in paragraph (1) with respect to the communication. Such address shall appear for the full duration of the communication. 

‘‘(iv) To the extent that the format in which the communication is 

made permits the use of a hyperlink, the communication shall include 

a hyperlink to the website address described in clause (iii).’’. 

(b) APPLICATION OF EXPANDED REQUIREMENTS TO PUBLIC COMMUNICATIONS CON- SISTING OF CAMPAIGN-RELATED DISBURSEMENTS.—Section 318(a) of such Act (52 

U.S.C. 30120(a)) is amended by striking ‘‘for the purpose of financing communications expressly advocating the election or defeat of a clearly identified candidate’’ 

and inserting ‘‘for a campaign-related disbursement, as defined in section 324, consisting of a public communication’’. 

(c) EXCEPTION FOR COMMUNICATIONS PAID FOR BY POLITICAL PARTIES AND CER- TAIN POLITICAL COMMITTEES.—Section 318(d)(2) of such Act (52 U.S.C. 30120(d)(2)) 

is amended— 

(1) in the heading, by striking ‘‘OTHERS’’ and inserting ‘‘CERTAIN POLITICAL

COMMITTEES’’; 

(2) by striking ‘‘Any communication’’ and inserting ‘‘(A) Any communication’’; 

(3) by inserting ‘‘which (except to the extent provided in subparagraph (B)) 

is paid for by a political committee (including a political committee of a political 

party) and’’ after ‘‘subsection (a)’’; 

(4) by striking ‘‘or other person’’ each place it appears; and 

(5) by adding at the end the following new subparagraph: 

‘‘(B)(i) This paragraph does not apply to a communication paid for in whole 

or in part during a calendar year with a campaign-related disbursement, but 

only if the covered organization making the campaign-related disbursement 

made campaign-related disbursements (as defined in section 324) aggregating 

more than $10,000 during such calendar year. 

‘‘(ii) For purposes of clause (i), in determining the amount of campaign-related 

disbursements made by a covered organization during a year, there shall be excluded the following: 

‘‘(I) Any amounts received by the covered organization in the ordinary 

course of any trade or business conducted by the covered organization or 

in the form of investments in the covered organization. 

‘‘(II) Any amounts received by the covered organization from a person 

who prohibited, in writing, the organization from using such amounts for 

campaign-related disbursements, but only if the covered organization 

agreed to follow the prohibition and deposited the amounts in an account 

which is segregated from any account used to make campaign-related disbursements.’’. 

SEC. 4303. DISCLAIMER REQUIREMENTS FOR COMMUNICATIONS MADE THROUGH 

PRERECORDED TELEPHONE CALLS. 

(a) APPLICATION OF REQUIREMENTS.— (1) IN GENERAL.—Section 318(a) of the Federal Election Campaign Act of 1971 

(52 U.S.C. 30120(a)), as amended by section 4205(c), is amended by inserting 

after ‘‘public communication’’ each place it appears the following: ‘‘(including a 

telephone call consisting in substantial part of a prerecorded audio message)’’. 

(2) APPLICATION TO COMMUNICATIONS SUBJECT TO EXPANDED DISCLAIMER REQUIREMENTS.—Section 318(e)(1) of such Act (52 U.S.C. 30120(e)(1)), as added by 

section 4302(a), is amended in the matter preceding subparagraph (A) by striking ‘‘which is transmitted in an audio or video format’’ and inserting ‘‘which is 

transmitted in an audio or video format or which consists of a telephone call 

consisting in substantial part of a prerecorded audio message’’. 

(b) TREATMENT AS COMMUNICATION TRANSMITTED IN AUDIO FORMAT.— 


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(1) COMMUNICATIONS BY CANDIDATES OR AUTHORIZED PERSONS.—Section 

318(d) of such Act (52 U.S.C. 30120(d)) is amended by adding at the end the 

following new paragraph: 

‘‘(3) PRERECORDED TELEPHONE CALLS.—Any communication described in paragraph (1), (2), or (3) of subsection (a) (other than a communication which is subject to subsection (e)) which is a telephone call consisting in substantial part 

of a prerecorded audio message shall include, in addition to the requirements 

of such paragraph, the audio statement required under subparagraph (A) of 

paragraph (1) or the audio statement required under paragraph (2) (whichever 

is applicable), except that the statement shall be made at the beginning of the 

telephone call.’’. 

(2) COMMUNICATIONS SUBJECT TO EXPANDED DISCLAIMER REQUIREMENTS.—Section 318(e)(3) of such Act (52 U.S.C. 30120(e)(3)), as added by section 4302(a), 

is amended by adding at the end the following new subparagraph: 

‘‘(D) PRERECORDED TELEPHONE CALLS.—In the case of a communication to 

which this subsection applies which is a telephone call consisting in substantial part of a prerecorded audio message, the communication shall be 

considered to be transmitted in an audio format.’’. 

SEC. 4304. NO EXPANSION OF PERSONS SUBJECT TO DISCLAIMER REQUIREMENTS ON INTERNET COMMUNICATIONS. 

Nothing in this subtitle or the amendments made by this subtitle may be construed to require any person who is not required under section 318 of the Federal 

Election Campaign Act of 1971 (as provided under section 110.11 of title 11 of the 

Code of Federal Regulations) to include a disclaimer on communications made by 

the person through the internet to include any disclaimer on any such communications. 

SEC. 4305. EFFECTIVE DATE. 

The amendments made by this subtitle shall apply with respect to communications made on or after January 1, 2020, and shall take effect without regard to 

whether or not the Federal Election Commission has promulgated regulations to 

carry out such amendments. 

Subtitle E—[Reserved] 

Subtitle F—[Reserved] 

Subtitle G—[Reserved] 

Subtitle H—Limitation and Disclosure Requirements for Presidential Inaugural Committees 

SEC. 4701. SHORT TITLE. 

This subtitle may be cited as the ‘‘Presidential Inaugural Committee Oversight 

Act’’. 

SEC. 4702. LIMITATIONS AND DISCLOSURE OF CERTAIN DONATIONS TO, AND DISBURSEMENTS BY, INAUGURAL COMMITTEES. 

(a) REQUIREMENTS FOR INAUGURAL COMMITTEES.—Title III of the Federal Election 

Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by adding at the end 

the following new section: 

‘‘SEC. 325. INAUGURAL COMMITTEES. 

‘‘(a) PROHIBITED DONATIONS.— 

‘‘(1) IN GENERAL.—It shall be unlawful— 

‘‘(A) for an Inaugural Committee— 

‘‘(i) to solicit, accept, or receive a donation from a person that is not 

an individual; or 

‘‘(ii) to solicit, accept, or receive a donation from a foreign national; 

‘‘(B) for a person— 

‘‘(i) to make a donation to an Inaugural Committee in the name of 

another person, or to knowingly authorize his or her name to be used 

to effect such a donation; 

‘‘(ii) to knowingly accept a donation to an Inaugural Committee made 

by a person in the name of another person; or 


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‘‘(iii) to convert a donation to an Inaugural Committee to personal 

use as described in paragraph (2); and 

‘‘(C) for a foreign national to, directly or indirectly, make a donation, or 

make an express or implied promise to make a donation, to an Inaugural 

Committee. 

‘‘(2) CONVERSION OF DONATION TO PERSONAL USE.—For purposes of paragraph 

(1)(B)(iii), a donation shall be considered to be converted to personal use if any 

part of the donated amount is used to fulfill a commitment, obligation, or expense of a person that would exist irrespective of the responsibilities of the Inaugural Committee under chapter 5 of title 36, United States Code. 

‘‘(3) NO EFFECT ON DISBURSEMENT OF UNUSED FUNDS TO NONPROFIT ORGANIZATIONS.—Nothing in this subsection may be construed to prohibit an Inaugural 

Committee from disbursing unused funds to an organization which is described 

in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from 

taxation under section 501(a) of such Code. 

‘‘(b) LIMITATION ON DONATIONS.— 

‘‘(1) IN GENERAL.—It shall be unlawful for an individual to make donations 

to an Inaugural Committee which, in the aggregate, exceed $50,000. 

‘‘(2) INDEXING.—At the beginning of each Presidential election year (beginning 

with 2024), the amount described in paragraph (1) shall be increased by the cumulative percent difference determined in section 315(c)(1)(A) since the previous 

Presidential election year. If any amount after such increase is not a multiple 

of $1,000, such amount shall be rounded to the nearest multiple of $1,000. 

‘‘(c) DISCLOSURE OF CERTAIN DONATIONS AND DISBURSEMENTS.— 

‘‘(1) DONATIONS OVER $1,000.— 

‘‘(A) IN GENERAL.—An Inaugural Committee shall file with the Commission a report disclosing any donation by an individual to the committee in 

an amount of $1,000 or more not later than 24 hours after the receipt of 

such donation. 

‘‘(B) CONTENTS OF REPORT.—A report filed under subparagraph (A) shall 

contain— 

‘‘(i) the amount of the donation; 

‘‘(ii) the date the donation is received; and 

‘‘(iii) the name and address of the individual making the donation. 

‘‘(2) FINAL REPORT.—Not later than the date that is 90 days after the date 

of the Presidential inaugural ceremony, the Inaugural Committee shall file with 

the Commission a report containing the following information: 

‘‘(A) For each donation of money or anything of value made to the committee in an aggregate amount equal to or greater than $200— 

‘‘(i) the amount of the donation; 

‘‘(ii) the date the donation is received; and 

‘‘(iii) the name and address of the individual making the donation. 

‘‘(B) The total amount of all disbursements, and all disbursements in the 

following categories: 

‘‘(i) Disbursements made to meet committee operating expenses. 

‘‘(ii) Repayment of all loans. 

‘‘(iii) Donation refunds and other offsets to donations. 

‘‘(iv) Any other disbursements. 

‘‘(C) The name and address of each person— 

‘‘(i) to whom a disbursement in an aggregate amount or value in excess of $200 is made by the committee to meet a committee operating 

expense, together with date, amount, and purpose of such operating expense; 

‘‘(ii) who receives a loan repayment from the committee, together 

with the date and amount of such loan repayment; 

‘‘(iii) who receives a donation refund or other offset to donations from 

the committee, together with the date and amount of such disbursement; and 

‘‘(iv) to whom any other disbursement in an aggregate amount or 

value in excess of $200 is made by the committee, together with the 

date and amount of such disbursement. 

‘‘(d) DEFINITIONS.—For purposes of this section: 

‘‘(1)(A) The term ‘donation’ includes— 

‘‘(i) any gift, subscription, loan, advance, or deposit of money or anything of value made by any person to the committee; or 

‘‘(ii) the payment by any person of compensation for the personal 

services of another person which are rendered to the committee without 

charge for any purpose. 


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‘‘(B) The term ‘donation’ does not include the value of services provided 

without compensation by any individual who volunteers on behalf of the 

committee. 

‘‘(2) The term ‘foreign national’ has the meaning given that term by section 

319(b). 

‘‘(3) The term ‘Inaugural Committee’ has the meaning given that term by section 501 of title 36, United States Code.’’. 

(b) CONFIRMING AMENDMENT RELATED TO REPORTING REQUIREMENTS.—Section 

304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104) is amended— 

(1) by striking subsection (h); and 

(2) by redesignating subsection (i) as subsection (h). 

(c) CONFORMING AMENDMENT RELATED TO STATUS OF COMMITTEE.—Section 510 of 

title 36, United States Code, is amended to read as follows: 

‘‘§ 510. Disclosure of and prohibition on certain donations 

‘‘A committee shall not be considered to be the Inaugural Committee for purposes 

of this chapter unless the committee agrees to, and meets, the requirements of section 325 of the Federal Election Campaign Act of 1971.’’. 

(d) EFFECTIVE DATE.—The amendments made by this Act shall apply with respect 

to Inaugural Committees established under chapter 5 of title 36, United States 

Code, for inaugurations held in 2021 and any succeeding year. 

Subtitle I—Severability 

SEC. 4801. SEVERABILITY. 

If any provision of this title or amendment made by this title, or the application 

of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not 

be affected by the holding. 

TITLE V—CAMPAIGN FINANCE 

EMPOWERMENT 

Subtitle A—Findings Relating to Citizens United Decision 

Sec. 5001. Findings relating to Citizens United decision. 

Subtitle B—Congressional Elections 

Sec. 5100. Short title. 

PART 1—MY VOICE VOUCHER PILOT PROGRAM

Sec. 5101. Establishment of pilot program. 

Sec. 5102. Voucher program described. 

Sec. 5103. Reports. 

Sec. 5104. Definitions. 

PART 2—SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS

Sec. 5111. Benefits and eligibility requirements for candidates. 

‘‘TITLE V—SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS 

‘‘Subtitle A—Benefits 

‘‘Sec. 501. Benefits for participating candidates. 

‘‘Sec. 502. Procedures for making payments. 

‘‘Sec. 503. Use of funds. 

‘‘Sec. 504. Qualified small dollar contributions described. 

‘‘Subtitle B—Eligibility and Certification 

‘‘Sec. 511. Eligibility. 

‘‘Sec. 512. Qualifying requirements. 

‘‘Sec. 513. Certification. 

‘‘Subtitle C—Requirements for Candidates Certified as Participating Candidates 

‘‘Sec. 521. Contribution and expenditure requirements. 

‘‘Sec. 522. Administration of campaign. 

‘‘Sec. 523. Preventing unnecessary spending of public funds. 

‘‘Sec. 524. Remitting unspent funds after election. 

‘‘Subtitle D—Enhanced Match Support 

‘‘Sec. 531. Enhanced support for general election. 

‘‘Sec. 532. Eligibility. 


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‘‘Sec. 533. Amount. 

‘‘Sec. 534. Waiver of authority to retain portion of unspent funds after election. 

‘‘Subtitle E—Administrative Provisions 

‘‘Sec. 541. Freedom From Influence Fund. 

‘‘Sec. 542. Reviews and reports by Government Accountability Office. 

‘‘Sec. 543. Administration by Commission. 

‘‘Sec. 544. Violations and penalties. 

‘‘Sec. 545. Appeals process. 

‘‘Sec. 546. Indexing of amounts. 

‘‘Sec. 547. Election cycle defined. 

Sec. 5112. Contributions and expenditures by multicandidate and political party committees on behalf of participating candidates. 

Sec. 5113. Prohibiting use of contributions by participating candidates for purposes other than campaign for 

election. 

Sec. 5114. Effective date. 

Subtitle C—Presidential Elections 

Sec. 5200. Short title. 

PART 1—PRIMARY ELECTIONS

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

Sec. 5202. Eligibility requirements for matching payments. 

Sec. 5203. Repeal of expenditure limitations. 

Sec. 5204. Period of availability of matching payments. 

Sec. 5205. Examination and audits of matchable contributions. 

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

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

PART 2—GENERAL ELECTIONS

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

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

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

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

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

Sec. 5216. Amounts in Presidential Election Campaign Fund. 

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

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

PART 3—EFFECTIVE DATE

Sec. 5221. Effective date. 

Subtitle D—Personal Use Services as Authorized Campaign Expenditures 

Sec. 5301. Short title; findings; purpose. 

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

Subtitle E—Severability 

Sec. 5401. Severability. 

Subtitle A—Findings Relating to Citizens United

Decision 

SEC. 5001. FINDINGS RELATING TO CITIZENS UNITED DECISION. 

Congress finds the following: 

(1) The American Republic was founded on the principle that all people are 

created equal, with rights and responsibilities as citizens to vote, be represented, speak, debate, and participate in self-government on equal terms regardless of wealth. To secure these rights and responsibilities, our Constitution 

not only protects the equal rights of all Americans but also provides checks and 

balances to prevent corruption and prevent concentrated power and wealth from 

undermining effective self-government. 

(2) The Supreme Court’s decisions in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010) and McCutcheon v. FEC, 572 U.S. 185 (2014), as 

well as other court decisions, erroneously invalidated even-handed rules about 

the spending of money in local, State, and Federal elections. These flawed decisions have empowered large corporations, extremely wealthy individuals, and 

special interests to dominate election spending, corrupt our politics, and degrade our democracy through tidal waves of unlimited and anonymous spending. These decisions also stand in contrast to a long history of efforts by Congress and the States to regulate money in politics to protect democracy, and 

they illustrate a troubling deregulatory trend in campaign finance-related court 

decisions. Additionally, an unknown amount of foreign money continues to be 

spent in our political system as subsidiaries of foreign-based corporations and 

hostile foreign actors sometimes connected to nation-States work to influence 

our elections. 


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(3) The Supreme Court’s misinterpretation of the Constitution to empower 

monied interests at the expense of the American people in elections has seriously eroded over 100 years of congressional action to promote fairness and protect elections from the toxic influence of money. 

(4) In 1907, Congress passed the Tillman Act in response to the concentration 

of corporate power in the post-Civil War Gilded Age. The Act prohibited corporations from making contributions in connection with Federal elections, aiming ‘‘not merely to prevent the subversion of the integrity of the electoral process [but] . . . to sustain the active, alert responsibility of the individual citizen 

in a democracy for the wise conduct of government’’. 

(5) By 1910, Congress began passing disclosure requirements and campaign 

expenditure limits, and dozens of States passed corrupt practices Acts to prohibit corporate spending in elections. States also enacted campaign spending 

limits, and some States limited the amount that people could contribute to campaigns. 

(6) In 1947, the Taft-Hartley Act prohibited corporations and unions from 

making campaign contributions or other expenditures to influence elections. In 

1962, a Presidential commission on election spending recommended spending 

limits and incentives to increase small contributions from more people. 

(7) The Federal Election Campaign Act of 1971 (FECA), as amended in 1974, 

required disclosure of contributions and expenditures, imposed contribution and 

expenditure limits for individuals and groups, set spending limits for campaigns, candidates, and groups, implemented a public funding system for Presidential campaigns, and created the Federal Election Commission to oversee and 

enforce the new rules. 

(8) In the wake of Citizens United and other damaging Federal court decisions, Americans have witnessed an explosion of outside spending in elections. 

Outside spending increased nearly 900 percent between the 2008 and 2016 

Presidential election years. Indeed, the 2018 elections once again made clear the 

overwhelming political power of wealthy special interests, to the tune of over 

$5,000,000,000. And as political entities adapt to a post- Citizens United, postMcCutcheon landscape, these trends are getting worse, as evidenced by the experience in the 2018 midterm congressional elections, where outside spending 

more than doubled from the previous midterm cycle. 

(9) The torrent of money flowing into our political system has a profound effect on the democratic process for everyday Americans, whose voices and policy 

preferences are increasingly being drowned out by those of wealthy special interests. The more campaign cash from wealthy special interests can flood our 

elections, the more policies that favor those interests are reflected in the national political agenda. When it comes to policy preferences, our Nation’s 

wealthiest tend to have fundamentally different views than do average Americans when it comes to issues ranging from unemployment benefits to the minimum wage to health care coverage. 

(10) The Court has tied the hands of Congress and the States, severely restricting them from setting reasonable limits on campaign spending. For example, the Court has held that only the Government’s interest in preventing quid 

pro quo corruption, like bribery, or the appearance of such corruption, can justify limits on campaign contributions. More broadly, the Court has severely curtailed attempts to reduce the ability of the Nation’s wealthiest and most powerful to skew our democracy in their favor by buying outsized influence in our 

elections. Because this distortion of the Constitution has prevented truly meaningful regulation or reform of the way we finance elections in America, a constitutional amendment is needed to achieve a democracy for all the people. 

(11) Since the landmark Citizens United decision, 19 States and nearly 800 

municipalities, including large cities like New York, Los Angeles, Chicago, and 

Philadelphia, have gone on record supporting a constitutional amendment. 

Transcending political leanings and geographic location, voters in States and 

municipalities across the country that have placed amendment questions on the 

ballot have routinely supported these initiatives by considerably large margins. 

(12) At the same time millions of Americans have signed petitions, marched, 

called their Members of Congress, written letters to the editor, and otherwise 

demonstrated their public support for a constitutional amendment to overturn 

Citizens United that will allow Congress to reign in the outsized influence of 

unchecked money in politics. Dozens of organizations, representing tens of millions of individuals, have come together in a shared strategy of supporting such 

an amendment. 

(13) In order to protect the integrity of democracy and the electoral process 

and to ensure political equality for all, the Constitution should be amended so 

that Congress and the States may regulate and set limits on the raising and 


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spending of money to influence elections and may distinguish between natural 

persons and artificial entities, like corporations, that are created by law, including by prohibiting such artificial entities from spending money to influence elections. 

Subtitle B—Congressional Elections 

SEC. 5100. SHORT TITLE. 

This subtitle may be cited as the ‘‘Government By the People Act of 2019’’. 

PART 1—MY VOICE VOUCHER PILOT PROGRAM 

SEC. 5101. ESTABLISHMENT OF PILOT PROGRAM. 

(a) ESTABLISHMENT.—The Federal Election Commission (hereafter in this part referred to as the ‘‘Commission’’) shall establish a pilot program under which the 

Commission shall select 3 eligible States to operate a voucher pilot program which 

is described in section 5102 during the program operation period. 

(b) ELIGIBILITY OF STATES.—A State is eligible to be selected to operate a voucher 

pilot program under this part if, not later than 180 days after the beginning of the 

program application period, the State submits to the Commission an application 

containing— 

(1) information and assurances that the State will operate a voucher program 

which contains the elements described in section 5102(a); 

(2) information and assurances that the State will establish fraud prevention 

mechanisms described in section 5102(b); 

(3) information and assurances that the State will establish a commission to 

oversee and implement the program as described in section 5102(c); 

(4) information and assurances that the State will carry out a public information campaign as described in section 5102(d); 

(5) information and assurances that the State will submit reports as required 

under section 5103; and 

(6) such other information and assurances as the Commission may require. 

(c) SELECTION OF PARTICIPATING STATES.— 

(1) IN GENERAL.—Not later than 1 year after the beginning of the program 

application period, the Commission shall select the 3 States which will operate 

voucher pilot programs under this part. 

(2) CRITERIA.—In selecting States for the operation of the voucher pilot programs under this part, the Commission shall apply such criteria and metrics 

as the Commission considers appropriate to determine the ability of a State to 

operate the program successfully, and shall attempt to select States in a variety 

of geographic regions and with a variety of political party preferences. 

(3) NO SUPERMAJORITY REQUIRED FOR SELECTION.—The selection of States by 

the Commission under this subsection shall require the approval of only half 

of the Members of the Commission. 

(d) DUTIES OF STATES DURING PROGRAM PREPARATION PERIOD.—During the program preparation period, each State selected to operate a voucher pilot program 

under this part shall take such actions as may be necessary to ensure that the State 

will be ready to operate the program during the program operation period, and shall 

complete such actions not later than 90 days before the beginning of the program 

operation period. 

(e) TERMINATION.—Each voucher pilot program under this part shall terminate as 

of the first day after the program operation period. 

(f) REIMBURSEMENT OF COSTS.— 

(1) REIMBURSEMENT.—Upon receiving the report submitted by a State under 

section 5103(a) with respect to an election cycle, the Commission shall transmit 

a payment to the State in an amount equal to the reasonable costs incurred by 

the State in operating the voucher pilot program under this part during the 

cycle. 

(2) SOURCE OF FUNDS.—Payments to States under the program shall be made 

using amounts in the Freedom From Influence Fund under section 541 of the 

Federal Election Campaign Act of 1971 (as added by section 5111), hereafter referred to as the ‘‘Fund’’. 

(3) MANDATORY REDUCTION OF PAYMENTS IN CASE OF INSUFFICIENT AMOUNTS

IN FREEDOM FROM INFLUENCE FUND.— 

(A) ADVANCE AUDITS BY COMMISSION.—Not later than 90 days before the 

first day of each program operation period, the Commission shall— 


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(i) audit the Fund to determine whether, after first making payments 

to participating candidates under title V of the Federal Election Campaign Act of 1971 (as added by section 5111), the amounts remaining 

in the Fund will be sufficient to make payments to States under this 

part in the amounts provided under this subsection; and 

(ii) submit a report to Congress describing the results of the audit. 

(B) REDUCTIONS IN AMOUNT OF PAYMENTS.— 

(i) AUTOMATIC REDUCTION ON PRO RATA BASIS.—If, on the basis of the 

audit described in subparagraph (A), the Commission determines that 

the amount anticipated to be available in the Fund with respect to an 

election cycle involved is not, or may not be, sufficient to make payments to States under this part in the full amount provided under this 

subsection, the Commission shall reduce each amount which would otherwise be paid to a State under this subsection by such pro rata 

amount as may be necessary to ensure that the aggregate amount of 

payments anticipated to be made with respect to the cycle will not exceed the amount anticipated to be available for such payments in the 

Fund with respect to such cycle. 

(ii) RESTORATION OF REDUCTIONS IN CASE OF AVAILABILITY OF SUFFICIENT FUNDS DURING ELECTION CYCLE.—If, after reducing the amounts 

paid to States with respect to an election cycle under clause (i), the 

Commission determines that there are sufficient amounts in the Fund 

to restore the amount by which such payments were reduced (or any 

portion thereof), to the extent that such amounts are available, the 

Commission may make a payment on a pro rata basis to each such 

State with respect to the cycle in the amount by which such State’s 

payments were reduced under clause (i) (or any portion thereof, as the 

case may be). 

(iii) NO USE OF AMOUNTS FROM OTHER SOURCES.—In any case in 

which the Commission determines that there are insufficient moneys in 

the Fund to make payments to States under this part, moneys shall not 

be made available from any other source for the purpose of making 

such payments. 

(3) CAP ON AMOUNT OF PAYMENT.—The aggregate amount of payments made 

to any State with respect to any program operation period may not exceed 

$10,000,000. If the State determines that the maximum payment amount under 

this paragraph with respect to the program operation period involved is not, or 

may not be, sufficient to cover the reasonable costs incurred by the State in operating the program under this part for such period, the State shall reduce the 

amount of the voucher provided to each qualified individual by such pro rata 

amount as may be necessary to ensure that the reasonable costs incurred by 

the State in operating the program will not exceed the amount paid to the State 

with respect to such period. 

SEC. 5102. VOUCHER PROGRAM DESCRIBED. 

(a) GENERAL ELEMENTS OF PROGRAM.— 

(1) ELEMENTS DESCRIBED.—The elements of a voucher pilot program operated 

by a State under this part are as follows: 

(A) The State shall provide each qualified individual upon the individual’s 

request with a voucher worth $25 to be known as a ‘‘My Voice Voucher’’ 

during the election cycle which will be assigned a routing number and 

which at the option of the individual will be provided in either paper or 

electronic form. 

(B) Using the routing number assigned to the My Voice Voucher, the individual may submit the My Voice Voucher in either electronic or paper form 

to qualified candidates for election for the office of Representative in, or 

Delegate or Resident Commissioner to, the Congress and allocate such portion of the value of the My Voice Voucher in increments of $5 as the individual may select to any such candidate. 

(C) If the candidate transmits the My Voice Voucher to the Commission, 

the Commission shall pay the candidate the portion of the value of the My 

Voice Voucher that the individual allocated to the candidate, which shall 

be considered a contribution by the individual to the candidate for purposes 

of the Federal Election Campaign Act of 1971. 

(2) DESIGNATION OF QUALIFIED INDIVIDUALS.—For purposes of paragraph 

(1)(A), a ‘‘qualified individual’’ with respect to a State means an individual— 

(A) who is a resident of the State; 

(B) who will be of voting age as of the date of the election for the candidate to whom the individual submits a My Voice Voucher; and 


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(C) who is not prohibited under Federal law from making contributions 

to candidates for election for Federal office. 

(3) TREATMENT AS CONTRIBUTION TO CANDIDATE.—For purposes of the Federal 

Election Campaign Act of 1971, the submission of a My Voice Voucher to a candidate by an individual shall be treated as a contribution to the candidate by 

the individual in the amount of the portion of the value of the Voucher that 

the individual allocated to the candidate. 

(b) FRAUD PREVENTION MECHANISM.—In addition to the elements described in 

subsection (a), a State operating a voucher pilot program under this part shall permit an individual to revoke a My Voice Voucher not later than 2 days after submitting the My Voice Voucher to a candidate. 

(c) OVERSIGHT COMMISSION.—In addition to the elements described in subsection 

(a), a State operating a voucher pilot program under this part shall establish a commission or designate an existing entity to oversee and implement the program in 

the State, except that no such commission or entity may be comprised of elected officials. 

(d) PUBLIC INFORMATION CAMPAIGN.—In addition to the elements described in 

subsection (a), a State operating a voucher pilot program under this part shall carry 

out a public information campaign to disseminate awareness of the program among 

qualified individuals. 

SEC. 5103. REPORTS. 

(a) PRELIMINARY REPORT.—Not later than 6 months after the first election cycle 

of the program operation period, a State which operates a voucher pilot program 

under this part shall submit a report to the Commission analyzing the operation 

and effectiveness of the program during the cycle and including such other information as the Commission may require. 

(b) FINAL REPORT.—Not later than 6 months after the end of the program operation period, the State shall submit a final report to the Commission analyzing the 

operation and effectiveness of the program and including such other information as 

the Commission may require. 

(c) REPORT BY COMMISSION.—Not later than the end of the first election cycle 

which begins after the program operation period, the Commission shall submit a report to Congress which summarizes and analyzes the results of the voucher pilot 

program, and shall include in the report such recommendations as the Commission 

considers appropriate regarding the expansion of the pilot program to all States and 

territories, along with such other recommendations and other information as the 

Commission considers appropriate. 

SEC. 5104. DEFINITIONS. 

(a) ELECTION CYCLE.—In this part, the term ‘‘election cycle’’ means the period beginning on the day after the date of the most recent regularly scheduled general 

election for Federal office and ending on the date of the next regularly scheduled 

general election for Federal office. 

(b) DEFINITIONS RELATING TO PERIODS.—In this part, the following definitions 

apply: 

(1) PROGRAM APPLICATION PERIOD.—The term ‘‘program application period’’ 

means the first election cycle which begins after the date of the enactment of 

this Act. 

(2) PROGRAM PREPARATION PERIOD.—The term ‘‘program preparation period’’ 

means the first election cycle which begins after the program application period. 

(3) PROGRAM OPERATION PERIOD.—The term ‘‘program operation period’’ 

means the first 2 election cycles which begin after the program preparation period. 

PART 2—SMALL DOLLAR FINANCING OF 

CONGRESSIONAL ELECTION CAMPAIGNS 

SEC. 5111. BENEFITS AND ELIGIBILITY REQUIREMENTS FOR CANDIDATES. 

The Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended 

by adding at the end the following: 


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‘‘TITLE V—SMALL DOLLAR FINANCING OF 

CONGRESSIONAL ELECTION CAMPAIGNS 

‘‘Subtitle A—Benefits 

‘‘SEC. 501. BENEFITS FOR PARTICIPATING CANDIDATES. 

‘‘(a) IN GENERAL.—If a candidate for election to the office of Representative in, or 

Delegate or Resident Commissioner to, the Congress is certified as a participating 

candidate under this title with respect to an election for such office, the candidate 

shall be entitled to payments as provided under this title. 

‘‘(b) AMOUNT OF PAYMENT.—The amount of a payment made under this title shall 

be equal to 600 percent of the amount of qualified small dollar contributions received by the candidate since the most recent payment made to the candidate under 

this title during the election cycle, without regard to whether or not the candidate 

received any of the contributions before, during, or after the Small Dollar Democracy qualifying period applicable to the candidate under section 511(c). 

‘‘(c) LIMIT ON AGGREGATE AMOUNT OF PAYMENTS.—The aggregate amount of payments made to a participating candidate with respect to an election cycle under this 

title may not exceed 50 percent of the average of the 20 greatest amounts of disbursements made by the authorized committees of any winning candidate for the 

office of Representative in, or Delegate or Resident Commissioner to, the Congress 

during the most recent election cycle, rounded to the nearest $100,000. 

‘‘SEC. 502. PROCEDURES FOR MAKING PAYMENTS. 

‘‘(a) IN GENERAL.—The Commission shall make a payment under section 501 to 

a candidate who is certified as a participating candidate upon receipt from the candidate of a request for a payment which includes— 

‘‘(1) a statement of the number and amount of qualified small dollar contributions received by the candidate since the most recent payment made to the candidate under this title during the election cycle; 

‘‘(2) a statement of the amount of the payment the candidate anticipates receiving with respect to the request; 

‘‘(3) a statement of the total amount of payments the candidate has received 

under this title as of the date of the statement; and 

‘‘(4) such other information and assurances as the Commission may require. 

‘‘(b) RESTRICTIONS ON SUBMISSION OF REQUESTS.—A candidate may not submit a 

request under subsection (a) unless each of the following applies: 

‘‘(1) The amount of the qualified small dollar contributions in the statement referred to in subsection (a)(1) is equal to or greater than $5,000, unless the 

request is submitted during the 30-day period which ends on the date of a general election. 

‘‘(2) The candidate did not receive a payment under this title during the 7- 

day period which ends on the date the candidate submits the request. 

‘‘(c) TIME OF PAYMENT.—The Commission shall, in coordination with the Secretary 

of the Treasury, take such steps as may be necessary to ensure that the Secretary 

is able to make payments under this section from the Treasury not later than 2 

business days after the receipt of a request submitted under subsection (a). 

‘‘SEC. 503. USE OF FUNDS. 

‘‘(a) USE OF FUNDS FOR AUTHORIZED CAMPAIGN EXPENDITURES.—A candidate shall 

use payments made under this title, including payments provided with respect to 

a previous election cycle which are withheld from remittance to the Commission in 

accordance with section 524(a)(2), only for making direct payments for the receipt 

of goods and services which constitute authorized expenditures (as determined in accordance with title III) in connection with the election cycle involved. 

‘‘(b) PROHIBITING USE OF FUNDS FOR LEGAL EXPENSES, FINES, OR PENALTIES.— 

Notwithstanding title III, a candidate may not use payments made under this title 

for the payment of expenses incurred in connection with any action, claim, or other 

matter before the Commission or before any court, hearing officer, arbitrator, or 

other dispute resolution entity, or for the payment of any fine or civil monetary penalty. 

‘‘SEC. 504. QUALIFIED SMALL DOLLAR CONTRIBUTIONS DESCRIBED. 

‘‘(a) IN GENERAL.—In this title, the term ‘qualified small dollar contribution’ 

means, with respect to a candidate and the authorized committees of a candidate, 

a contribution that meets the following requirements: 

‘‘(1) The contribution is in an amount that is— 

‘‘(A) not less than $1; and 


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‘‘(B) not more than $200. 

‘‘(2)(A) The contribution is made directly by an individual to the candidate or 

an authorized committee of the candidate and is not— 

‘‘(i) forwarded from the individual making the contribution to the candidate or committee by another person; or 

‘‘(ii) received by the candidate or committee with the knowledge that the 

contribution was made at the request, suggestion, or recommendation of another person. 

‘‘(B) In this paragraph— 

‘‘(i) the term ‘person’ does not include an individual (other than an individual described in section 304(i)(7) of the Federal Election Campaign Act 

of 1971), a political committee of a political party, or any political committee which is not a separate segregated fund described in section 316(b) 

of the Federal Election Campaign Act of 1971 and which does not make 

contributions or independent expenditures, does not engage in lobbying activity under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.), 

and is not established by, controlled by, or affiliated with a registered lobbyist under such Act, an agent of a registered lobbyist under such Act, or 

an organization which retains or employs a registered lobbyist under such 

Act; and 

‘‘(ii) a contribution is not ‘made at the request, suggestion, or recommendation of another person’ solely on the grounds that the contribution 

is made in response to information provided to the individual making the 

contribution by any person, so long as the candidate or authorized committee does not know the identity of the person who provided the information to such individual. 

‘‘(3) The individual who makes the contribution does not make contributions 

to the candidate or the authorized committees of the candidate with respect to 

the election involved in an aggregate amount that exceeds the amount described 

in paragraph (1)(B), or any contribution to the candidate or the authorized committees of the candidate with respect to the election involved that otherwise is 

not a qualified small dollar contribution. 

‘‘(b) TREATMENT OF MY VOICE VOUCHERS.—Any payment received by a candidate 

and the authorized committees of a candidate which consists of a My Voice Voucher 

under the Government By the People Act of 2019 shall be considered a qualified 

small dollar contribution for purposes of this title, so long as the individual making 

the payment meets the requirements of paragraphs (2) and (3) of subsection (a). 

‘‘(c) RESTRICTION ON SUBSEQUENT CONTRIBUTIONS.— 

‘‘(1) PROHIBITING DONOR FROM MAKING SUBSEQUENT NONQUALIFIED CONTRIBUTIONS DURING ELECTION CYCLE.— 

‘‘(A) IN GENERAL.—An individual who makes a qualified small dollar contribution to a candidate or the authorized committees of a candidate with 

respect to an election may not make any subsequent contribution to such 

candidate or the authorized committees of such candidate with respect to 

the election cycle which is not a qualified small dollar contribution. 

‘‘(B) EXCEPTION FOR CONTRIBUTIONS TO CANDIDATES WHO VOLUNTARILY

WITHDRAW FROM PARTICIPATION DURING QUALIFYING PERIOD.—Subparagraph (A) does not apply with respect to a contribution made to a candidate 

who, during the Small Dollar Democracy qualifying period described in section 511(c), submits a statement to the Commission under section 513(c) to 

voluntarily withdraw from participating in the program under this title. 

‘‘(2) TREATMENT OF SUBSEQUENT NONQUALIFIED CONTRIBUTIONS.—If, notwithstanding the prohibition described in paragraph (1), an individual who makes 

a qualified small dollar contribution to a candidate or the authorized committees of a candidate with respect to an election makes a subsequent contribution 

to such candidate or the authorized committees of such candidate with respect 

to the election which is prohibited under paragraph (1) because it is not a qualified small dollar contribution, the candidate may take one of the following actions: 

‘‘(A) Not later than 2 weeks after receiving the contribution, the candidate may return the subsequent contribution to the individual. In the 

case of a subsequent contribution which is not a qualified small dollar contribution because the contribution fails to meet the requirements of paragraph (3) of subsection (a) (relating to the aggregate amount of contributions made to the candidate or the authorized committees of the candidate 

by the individual making the contribution), the candidate may return an 

amount equal to the difference between the amount of the subsequent contribution and the amount described in paragraph (1)(B) of subsection (a). 


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‘‘(B) The candidate may retain the subsequent contribution, so long as not 

later than 2 weeks after receiving the subsequent contribution, the candidate remits to the Commission for deposit in the Freedom From Influence 

Fund under section 541 an amount equal to any payments received by the 

candidate under this title which are attributable to the qualified small dollar contribution made by the individual involved. 

‘‘(3) NO EFFECT ON ABILITY TO MAKE MULTIPLE CONTRIBUTIONS.—Nothing in 

this section may be construed to prohibit an individual from making multiple 

qualified small dollar contributions to any candidate or any number of candidates, so long as each contribution meets each of the requirements of paragraphs (1), (2), and (3) of subsection (a). 

‘‘(d) NOTIFICATION REQUIREMENTS FOR CANDIDATES.— ‘‘(1) NOTIFICATION.—Each authorized committee of a candidate who seeks to 

be a participating candidate under this title shall provide the following information in any materials for the solicitation of contributions, including any internet 

site through which individuals may make contributions to the committee: 

‘‘(A) A statement that if the candidate is certified as a participating candidate under this title, the candidate will receive matching payments in an 

amount which is based on the total amount of qualified small dollar contributions received. 

‘‘(B) A statement that a contribution which meets the requirements set 

forth in subsection (a) shall be treated as a qualified small dollar contribution under this title. 

‘‘(C) A statement that if a contribution is treated as qualified small dollar 

contribution under this title, the individual who makes the contribution 

may not make any contribution to the candidate or the authorized committees of the candidate during the election cycle which is not a qualified small 

dollar contribution. 

‘‘(2) ALTERNATIVE METHODS OF MEETING REQUIREMENTS.—An authorized committee may meet the requirements of paragraph (1)— 

‘‘(A) by including the information described in paragraph (1) in the receipt provided under section 512(b)(3) to a person making a qualified small 

dollar contribution; or 

‘‘(B) by modifying the information it provides to persons making contributions which is otherwise required under title III (including information it 

provides through the internet). 

‘‘Subtitle B—Eligibility and Certification 

‘‘SEC. 511. ELIGIBILITY. 

‘‘(a) IN GENERAL.—A candidate for the office of Representative in, or Delegate or 

Resident Commissioner to, the Congress is eligible to be certified as a participating 

candidate under this title with respect to an election if the candidate meets the following requirements: 

‘‘(1) The candidate files with the Commission a statement of intent to seek 

certification as a participating candidate. 

‘‘(2) The candidate meets the qualifying requirements of section 512. 

‘‘(3) The candidate files with the Commission a statement certifying that the 

authorized committees of the candidate meet the requirements of section 504(d). 

‘‘(4) Not later than the last day of the Small Dollar Democracy qualifying period, the candidate files with the Commission an affidavit signed by the candidate and the treasurer of the candidate’s principal campaign committee declaring that the candidate— 

‘‘(A) has complied and, if certified, will comply with the contribution and 

expenditure requirements of section 521; 

‘‘(B) if certified, will run only as a participating candidate for all elections 

for the office that such candidate is seeking during that election cycle; and 

‘‘(C) has either qualified or will take steps to qualify under State law to 

be on the ballot. 

‘‘(b) GENERAL ELECTION.—Notwithstanding subsection (a), a candidate shall not 

be eligible to be certified as a participating candidate under this title for a general 

election or a general runoff election unless the candidate’s party nominated the candidate to be placed on the ballot for the general election or the candidate is otherwise qualified to be on the ballot under State law. 

‘‘(c) SMALL DOLLAR DEMOCRACY QUALIFYING PERIOD DEFINED.—The term ‘Small 

Dollar Democracy qualifying period’ means, with respect to any candidate for an office, the 180-day period (during the election cycle for such office) which begins on 

the date on which the candidate files a statement of intent under section 511(a)(1), 


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except that such period may not continue after the date that is 30 days before the 

date of the general election for the office. 

‘‘SEC. 512. QUALIFYING REQUIREMENTS. 

‘‘(a) RECEIPT OF QUALIFIED SMALL DOLLAR CONTRIBUTIONS.—A candidate for the 

office of Representative in, or Delegate or Resident Commissioner to, the Congress 

meets the requirement of this section if, during the Small Dollar Democracy qualifying period described in section 511(c), each of the following occurs: 

‘‘(1) Not fewer than 1,000 individuals make a qualified small dollar contribution to the candidate. 

‘‘(2) The candidate obtains a total dollar amount of qualified small dollar con- tributions which is equal to or greater than $50,000. 

‘‘(b) REQUIREMENTS RELATING TO RECEIPT OF QUALIFIED SMALL DOLLAR CON- TRIBUTION.—Each qualified small dollar contribution— 

‘‘(1) may be made by means of a personal check, money order, debit card, 

credit card, electronic payment account, or any other method deemed appropriate by the Commission; 

‘‘(2) shall be accompanied by a signed statement (or, in the case of a contribution made online or through other electronic means, an electronic equivalent) 

containing the contributor’s name and address; and 

‘‘(3) shall be acknowledged by a receipt that is sent to the contributor with 

a copy (in paper or electronic form) kept by the candidate for the Commission. 

‘‘(c) VERIFICATION OF CONTRIBUTIONS.—The Commission shall establish procedures for the auditing and verification of the contributions received and expenditures made by participating candidates under this title, including procedures for 

random audits, to ensure that such contributions and expenditures meet the requirements of this title. 

‘‘SEC. 513. CERTIFICATION. 

‘‘(a) DEADLINE AND NOTIFICATION.— ‘‘(1) IN GENERAL.—Not later than 5 business days after a candidate files an 

affidavit under section 511(a)(4), the Commission shall— 

‘‘(A) determine whether or not the candidate meets the requirements for 

certification as a participating candidate; 

‘‘(B) if the Commission determines that the candidate meets such requirements, certify the candidate as a participating candidate; and 

‘‘(C) notify the candidate of the Commission’s determination. 

‘‘(2) DEEMED CERTIFICATION FOR ALL ELECTIONS IN ELECTION CYCLE.—If the 

Commission certifies a candidate as a participating candidate with respect to 

the first election of the election cycle involved, the Commission shall be deemed 

to have certified the candidate as a participating candidate with respect to all 

subsequent elections of the election cycle. 

‘‘(b) REVOCATION OF CERTIFICATION.— 

‘‘(1) IN GENERAL.—The Commission shall revoke a certification under subsection (a) if— 

‘‘(A) a candidate fails to qualify to appear on the ballot at any time after 

the date of certification (other than a candidate certified as a participating 

candidate with respect to a primary election who fails to qualify to appear 

on the ballot for a subsequent election in that election cycle); 

‘‘(B) a candidate ceases to be a candidate for the office involved, as determined on the basis of an official announcement by an authorized committee 

of the candidate or on the basis of a reasonable determination by the Commission; or 

‘‘(C) a candidate otherwise fails to comply with the requirements of this 

title, including any regulatory requirements prescribed by the Commission. 

‘‘(2) EXISTENCE OF CRIMINAL SANCTION.—The Commission shall revoke a certification under subsection (a) if a penalty is assessed against the candidate 

under section 309(d) with respect to the election. 

‘‘(3) EFFECT OF REVOCATION.—If a candidate’s certification is revoked under 

this subsection— 

‘‘(A) the candidate may not receive payments under this title during the 

remainder of the election cycle involved; and 

‘‘(B) in the case of a candidate whose certification is revoked pursuant to 

subparagraph (A) or subparagraph (C) of paragraph (1)— 

‘‘(i) the candidate shall repay to the Freedom From Influence Fund 

established under section 541 an amount equal to the payments received under this title with respect to the election cycle involved plus 

interest (at a rate determined by the Commission on the basis of an 

appropriate annual percentage rate for the month involved) on any 

such amount received; and 


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‘‘(ii) the candidate may not be certified as a participating candidate 

under this title with respect to the next election cycle. 

‘‘(4) PROHIBITING PARTICIPATION IN FUTURE ELECTIONS FOR CANDIDATES WITH

MULTIPLE REVOCATIONS.—If the Commission revokes the certification of an individual as a participating candidate under this title pursuant to subparagraph 

(A) or subparagraph (C) of paragraph (1) a total of 3 times, the individual may 

not be certified as a participating candidate under this title with respect to any 

subsequent election. 

‘‘(c) VOLUNTARY WITHDRAWAL FROM PARTICIPATING DURING QUALIFYING PERIOD.— 

At any time during the Small Dollar Democracy qualifying period described in section 511(c), a candidate may withdraw from participation in the program under this 

title by submitting to the Commission a statement of withdrawal (without regard 

to whether or not the Commission has certified the candidate as a participating candidate under this title as of the time the candidate submits such statement), so long 

as the candidate has not submitted a request for payment under section 502. 

‘‘(d) PARTICIPATING CANDIDATE DEFINED.—In this title, a ‘participating candidate’ 

means a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress who is certified under this section as eligible to receive 

benefits under this title. 

‘‘Subtitle C—Requirements for Candidates 

Certified as Participating Candidates 

‘‘SEC. 521. CONTRIBUTION AND EXPENDITURE REQUIREMENTS. 

‘‘(a) PERMITTED SOURCES OF CONTRIBUTIONS AND EXPENDITURES.—Except as provided in subsection (c), a participating candidate with respect to an election shall, 

with respect to all elections occurring during the election cycle for the office involved, accept no contributions from any source and make no expenditures from any 

amounts, other than the following: 

‘‘(1) Qualified small dollar contributions. 

‘‘(2) Payments under this title. 

‘‘(3) Contributions from political committees established and maintained by a 

national or State political party, subject to the applicable limitations of section 

315. 

‘‘(4) Subject to subsection (b), personal funds of the candidate or of any immediate family member of the candidate (other than funds received through qualified small dollar contributions). 

‘‘(5) Contributions from individuals who are otherwise permitted to make contributions under this Act, subject to the applicable limitations of section 315, 

except that the aggregate amount of contributions a participating candidate 

may accept from any individual with respect to any election during the election 

cycle may not exceed $1,000. 

‘‘(6) Contributions from multicandidate political committees, subject to the applicable limitations of section 315. 

‘‘(b) SPECIAL RULES FOR PERSONAL FUNDS.— 

‘‘(1) LIMIT ON AMOUNT.—A candidate who is certified as a participating candidate may use personal funds (including personal funds of any immediate family member of the candidate) so long as— 

‘‘(A) the aggregate amount used with respect to the election cycle (including any period of the cycle occurring prior to the candidate’s certification 

as a participating candidate) does not exceed $50,000; and 

‘‘(B) the funds are used only for making direct payments for the receipt 

of goods and services which constitute authorized expenditures in connection with the election cycle involved. 

‘‘(2) IMMEDIATE FAMILY MEMBER DEFINED.—In this subsection, the term ‘immediate family member’ means, with respect to a candidate— 

‘‘(A) the candidate’s spouse; 

‘‘(B) a child, stepchild, parent, grandparent, brother, half-brother, sister, 

or half-sister of the candidate or the candidate’s spouse; and 

‘‘(C) the spouse of any person described in subparagraph (B). 

‘‘(c) EXCEPTIONS.— 

‘‘(1) EXCEPTION FOR CONTRIBUTIONS RECEIVED PRIOR TO FILING OF STATEMENT

OF INTENT.—A candidate who has accepted contributions that are not described 

in subsection (a) is not in violation of subsection (a), but only if all such contributions are— 

‘‘(A) returned to the contributor; 


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‘‘(B) submitted to the Commission for deposit in the Freedom From Influence Fund established under section 541; or 

‘‘(C) spent in accordance with paragraph (2). 

‘‘(2) EXCEPTION FOR EXPENDITURES MADE PRIOR TO FILING OF STATEMENT OF

INTENT.—If a candidate has made expenditures prior to the date the candidate 

files a statement of intent under section 511(a)(1) that the candidate is prohibited from making under subsection (a) or subsection (b), the candidate is not 

in violation of such subsection if the aggregate amount of the prohibited expenditures is less than the amount referred to in section 512(a)(2) (relating to the 

total dollar amount of qualified small dollar contributions which the candidate 

is required to obtain) which is applicable to the candidate. 

‘‘(3) EXCEPTION FOR CAMPAIGN SURPLUSES FROM A PREVIOUS ELECTION.—Notwithstanding paragraph (1), unexpended contributions received by the candidate or an authorized committee of the candidate with respect to a previous 

election may be retained, but only if the candidate places the funds in escrow 

and refrains from raising additional funds for or spending funds from that account during the election cycle in which a candidate is a participating candidate. 

‘‘(4) EXCEPTION FOR CONTRIBUTIONS RECEIVED BEFORE THE EFFECTIVE DATE OF

THIS TITLE.—Contributions received and expenditures made by the candidate or 

an authorized committee of the candidate prior to the effective date of this title 

shall not constitute a violation of subsection (a) or (b). Unexpended contributions shall be treated the same as campaign surpluses under paragraph (3), and 

expenditures made shall count against the limit in paragraph (2). 

‘‘(d) SPECIAL RULE FOR COORDINATED PARTY EXPENDITURES.—For purposes of this 

section, a payment made by a political party in coordination with a participating 

candidate shall not be treated as a contribution to or as an expenditure made by 

the participating candidate. 

‘‘(e) PROHIBITION ON JOINT FUNDRAISING COMMITTEES.— 

‘‘(1) PROHIBITION.—An authorized committee of a candidate who is certified 

as a participating candidate under this title with respect to an election may not 

establish a joint fundraising committee with a political committee other than 

another authorized committee of the candidate. 

‘‘(2) STATUS OF EXISTING COMMITTEES FOR PRIOR ELECTIONS.—If a candidate 

established a joint fundraising committee described in paragraph (1) with respect to a prior election for which the candidate was not certified as a participating candidate under this title and the candidate does not terminate the committee, the candidate shall not be considered to be in violation of paragraph (1) 

so long as that joint fundraising committee does not receive any contributions 

or make any disbursements during the election cycle for which the candidate 

is certified as a participating candidate under this title. 

‘‘(f) PROHIBITION ON LEADERSHIP PACS.— 

‘‘(1) PROHIBITION.—A candidate who is certified as a participating candidate 

under this title with respect to an election may not associate with, establish, 

finance, maintain, or control a leadership PAC. 

‘‘(2) STATUS OF EXISTING LEADERSHIP PACS.—If a candidate established, financed, maintained, or controlled a leadership PAC prior to being certified as 

a participating candidate under this title and the candidate does not terminate 

the leadership PAC, the candidate shall not be considered to be in violation of 

paragraph (1) so long as the leadership PAC does not receive any contributions 

or make any disbursements during the election cycle for which the candidate 

is certified as a participating candidate under this title. 

‘‘(3) LEADERSHIP PAC DEFINED.—In this subsection, the term ‘leadership PAC’ 

has the meaning given such term in section 304(i)(8)(B). 

‘‘SEC. 522. ADMINISTRATION OF CAMPAIGN. 

‘‘(a) SEPARATE ACCOUNTING FOR VARIOUS PERMITTED CONTRIBUTIONS.—Each authorized committee of a candidate certified as a participating candidate under this 

title— 

‘‘(1) shall provide for separate accounting of each type of contribution described in section 521(a) which is received by the committee; and 

‘‘(2) shall provide for separate accounting for the payments received under 

this title. 

‘‘(b) ENHANCED DISCLOSURE OF INFORMATION ON DONORS.— 

‘‘(1) MANDATORY IDENTIFICATION OF INDIVIDUALS MAKING QUALIFIED SMALL

DOLLAR CONTRIBUTIONS.—Each authorized committee of a participating candidate under this title shall elect, in accordance with section 304(b)(3)(A), to include in the reports the committee submits under section 304 the identification 


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of each person who makes a qualified small dollar contribution to the committee. 

‘‘(2) MANDATORY DISCLOSURE THROUGH INTERNET.—Each authorized committee of a participating candidate under this title shall ensure that all information reported to the Commission under this Act with respect to contributions 

and expenditures of the committee is available to the public on the internet 

(whether through a site established for purposes of this subsection, a hyperlink 

on another public site of the committee, or a hyperlink on a report filed electronically with the Commission) in a searchable, sortable, and downloadable 

manner. 

‘‘SEC. 523. PREVENTING UNNECESSARY SPENDING OF PUBLIC FUNDS. 

‘‘(a) MANDATORY SPENDING OF AVAILABLE PRIVATE FUNDS.—An authorized committee of a candidate certified as a participating candidate under this title may not 

make any expenditure of any payments received under this title in any amount unless the committee has made an expenditure in an equivalent amount of funds received by the committee which are described in paragraphs (1), (3), (4), (5), and (6) 

of section 521(a). 

‘‘(b) LIMITATION.—Subsection (a) applies to an authorized committee only to the 

extent that the funds referred to in such subsection are available to the committee 

at the time the committee makes an expenditure of a payment received under this 

title. 

‘‘SEC. 524. REMITTING UNSPENT FUNDS AFTER ELECTION. 

‘‘(a) REMITTANCE REQUIRED.—Not later than the date that is 180 days after the 

last election for which a candidate certified as a participating candidate qualifies to 

be on the ballot during the election cycle involved, such participating candidate shall 

remit to the Commission for deposit in the Freedom From Influence Fund established under section 541 an amount equal to the balance of the payments received 

under this title by the authorized committees of the candidate which remain unexpended as of such date. 

‘‘(b) PERMITTING CANDIDATES PARTICIPATING IN NEXT ELECTION CYCLE TO RETAIN

PORTION OF UNSPENT FUNDS.—Notwithstanding subsection (a), a participating can- didate may withhold not more than $100,000 from the amount required to be remitted under subsection (a) if the candidate files a signed affidavit with the Commission that the candidate will seek certification as a participating candidate with respect to the next election cycle, except that the candidate may not use any portion 

of the amount withheld until the candidate is certified as a participating candidate 

with respect to that next election cycle. If the candidate fails to seek certification 

as a participating candidate prior to the last day of the Small Dollar Democracy 

qualifying period for the next election cycle (as described in section 511), or if the 

Commission notifies the candidate of the Commission’s determination does not meet 

the requirements for certification as a participating candidate with respect to such 

cycle, the candidate shall immediately remit to the Commission the amount withheld. 

‘‘Subtitle D—Enhanced Match Support 

‘‘SEC. 531. ENHANCED SUPPORT FOR GENERAL ELECTION. 

‘‘(a) AVAILABILITY OF ENHANCED SUPPORT.—In addition to the payments made 

under subtitle A, the Commission shall make an additional payment to an eligible 

candidate under this subtitle. 

‘‘(b) USE OF FUNDS.—A candidate shall use the additional payment under this 

subtitle only for authorized expenditures in connection with the election involved. 

‘‘SEC. 532. ELIGIBILITY. 

‘‘(a) IN GENERAL.—A candidate is eligible to receive an additional payment under 

this subtitle if the candidate meets each of the following requirements: 

‘‘(1) The candidate is on the ballot for the general election for the office the 

candidate seeks. 

‘‘(2) The candidate is certified as a participating candidate under this title 

with respect to the election. 

‘‘(3) During the enhanced support qualifying period, the candidate receives 

qualified small dollar contributions in a total amount of not less than $50,000. 

‘‘(4) During the enhanced support qualifying period, the candidate submits to 

the Commission a request for the payment which includes— 

‘‘(A) a statement of the number and amount of qualified small dollar contributions received by the candidate during the enhanced support qualifying 

period; 


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‘‘(B) a statement of the amount of the payment the candidate anticipates 

receiving with respect to the request; and 

‘‘(C) such other information and assurances as the Commission may require. 

‘‘(5) After submitting a request for the additional payment under paragraph 

(4), the candidate does not submit any other application for an additional payment under this subtitle. 

‘‘(b) ENHANCED SUPPORT QUALIFYING PERIOD DESCRIBED.—In this subtitle, the 

term ‘enhanced support qualifying period’ means, with respect to a general election, 

the period which begins 60 days before the date of the election and ends 14 days 

before the date of the election. 

‘‘SEC. 533. AMOUNT. 

‘‘(a) IN GENERAL.—Subject to subsection (b), the amount of the additional payment 

made to an eligible candidate under this subtitle shall be an amount equal to 50 

percent of— 

‘‘(1) the amount of the payment made to the candidate under section 501(b) 

with respect to the qualified small dollar contributions which are received by 

the candidate during the enhanced support qualifying period (as included in the 

request submitted by the candidate under section 532(a)(4)); or 

‘‘(2) in the case of a candidate who is not eligible to receive a payment under 

section 501(b) with respect to such qualified small dollar contributions because 

the candidate has reached the limit on the aggregate amount of payments 

under subtitle A for the election cycle under section 501(c), the amount of the 

payment which would have been made to the candidate under section 501(b) 

with respect to such qualified small dollar contributions if the candidate had not 

reached such limit. 

‘‘(b) LIMIT.—The amount of the additional payment determined under subsection 

(a) with respect to a candidate may not exceed $500,000. 

‘‘(c) NO EFFECT ON AGGREGATE LIMIT.—The amount of the additional payment 

made to a candidate under this subtitle shall not be included in determining the 

aggregate amount of payments made to a participating candidate with respect to an 

election cycle under section 501(c). 

‘‘SEC. 534. WAIVER OF AUTHORITY TO RETAIN PORTION OF UNSPENT FUNDS AFTER ELECTION. 

‘‘Notwithstanding section 524(a)(2), a candidate who receives an additional payment under this subtitle with respect to an election is not permitted to withhold any 

portion from the amount of unspent funds the candidate is required to remit to the 

Commission under section 524(a)(1). 

‘‘Subtitle E—Administrative Provisions 

‘‘SEC. 541. FREEDOM FROM INFLUENCE FUND. 

‘‘(a) ESTABLISHMENT.—There is established in the Treasury a fund to be known 

as the ‘Freedom From Influence Fund’. 

‘‘(b) AMOUNTS HELD BY FUND.—The Fund shall consist of the following amounts: 

‘‘(1) DEPOSITS.—Amounts deposited into the Fund under— 

‘‘(A) section 521(c)(1)(B) (relating to exceptions to contribution requirements); 

‘‘(B) section 523 (relating to remittance of unused payments from the 

Fund); and 

‘‘(C) section 544 (relating to violations). 

‘‘(2) INVESTMENT RETURNS.—Interest on, and the proceeds from, the sale or redemption of any obligations held by the Fund under subsection (c). 

‘‘(c) INVESTMENT.—The Commission shall invest portions of the Fund in obligations of the United States in the same manner as provided under section 9602(b) 

of the Internal Revenue Code of 1986. 

‘‘(d) USE OF FUND TO MAKE PAYMENTS TO PARTICIPATING CANDIDATES.— 

‘‘(1) PAYMENTS TO PARTICIPATING CANDIDATES.—Amounts in the Fund shall be 

available without further appropriation or fiscal year limitation to make payments to participating candidates as provided in this title. 

‘‘(2) MANDATORY REDUCTION OF PAYMENTS IN CASE OF INSUFFICIENT AMOUNTS

IN FUND.— 

‘‘(A) ADVANCE AUDITS BY COMMISSION.—Not later than 90 days before the 

first day of each election cycle (beginning with the first election cycle that 

begins after the date of the enactment of this title), the Commission shall— 


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‘‘(i) audit the Fund to determine whether the amounts in the Fund 

will be sufficient to make payments to participating candidates in the 

amounts provided in this title during such election cycle; and 

‘‘(ii) submit a report to Congress describing the results of the audit. 

‘‘(B) REDUCTIONS IN AMOUNT OF PAYMENTS.— 

‘‘(i) AUTOMATIC REDUCTION ON PRO RATA BASIS.—If, on the basis of 

the audit described in subparagraph (A), the Commission determines 

that the amount anticipated to be available in the Fund with respect 

to the election cycle involved is not, or may not be, sufficient to satisfy 

the full entitlements of participating candidates to payments under this 

title for such election cycle, the Commission shall reduce each amount 

which would otherwise be paid to a participating candidate under this 

title by such pro rata amount as may be necessary to ensure that the 

aggregate amount of payments anticipated to be made with respect to 

the election cycle will not exceed the amount anticipated to be available 

for such payments in the Fund with respect to such election cycle. 

‘‘(ii) RESTORATION OF REDUCTIONS IN CASE OF AVAILABILITY OF SUFFICIENT FUNDS DURING ELECTION CYCLE.—If, after reducing the amounts 

paid to participating candidates with respect to an election cycle under 

clause (i), the Commission determines that there are sufficient amounts 

in the Fund to restore the amount by which such payments were reduced (or any portion thereof), to the extent that such amounts are 

available, the Commission may make a payment on a pro rata basis to 

each such participating candidate with respect to the election cycle in 

the amount by which such candidate’s payments were reduced under 

clause (i) (or any portion thereof, as the case may be). 

‘‘(iii) NO USE OF AMOUNTS FROM OTHER SOURCES.—In any case in 

which the Commission determines that there are insufficient moneys in 

the Fund to make payments to participating candidates under this 

title, moneys shall not be made available from any other source for the 

purpose of making such payments. 

‘‘(e) USE OF FUND TO MAKE OTHER PAYMENTS.—In addition to the use described 

in subsection (d), amounts in the Fund shall be available without further appropriation or fiscal year limitation— 

‘‘(1) to make payments to States under the My Voice Voucher Program under 

the Government By the People Act of 2019, subject to reductions under section 

5101(f)(3) of such Act; 

‘‘(2) to make payments to candidates under chapter 95 of subtitle H of the 

Internal Revenue Code of 1986, subject to reductions under section 9013(b) of 

such Code; and 

‘‘(3) to make payments to candidates under chapter 96 of subtitle H of the 

Internal Revenue Code of 1986, subject to reductions under section 9043(b) of 

such Code. 

‘‘(f) EFFECTIVE DATE.—This section shall take effect on the date of the enactment 

of this title. 

‘‘SEC. 542. REVIEWS AND REPORTS BY GOVERNMENT ACCOUNTABILITY OFFICE. 

‘‘(a) REVIEW OF SMALL DOLLAR FINANCING.— 

‘‘(1) IN GENERAL.—After each regularly scheduled general election for Federal 

office, the Comptroller General of the United States shall conduct a comprehensive review of the Small Dollar financing program under this title, including— 

‘‘(A) the maximum and minimum dollar amounts of qualified small dollar 

contributions under section 504; 

‘‘(B) the number and value of qualified small dollar contributions a candidate is required to obtain under section 512(a) to be eligible for certification as a participating candidate; 

‘‘(C) the maximum amount of payments a candidate may receive under 

this title; 

‘‘(D) the overall satisfaction of participating candidates and the American 

public with the program; and 

‘‘(E) such other matters relating to financing of campaigns as the Comptroller General determines are appropriate. 

‘‘(2) CRITERIA FOR REVIEW.—In conducting the review under subparagraph 

(A), the Comptroller General shall consider the following: 

‘‘(A) QUALIFIED SMALL DOLLAR CONTRIBUTIONS.—Whether the number and 

dollar amounts of qualified small dollar contributions required strikes an 

appropriate balance regarding the importance of voter involvement, the 

need to assure adequate incentives for participating, and fiscal responsibility, taking into consideration the number of primary and general election 


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participating candidates, the electoral performance of those candidates, program cost, and any other information the Comptroller General determines 

is appropriate. 

‘‘(B) REVIEW OF PAYMENT LEVELS.—Whether the totality of the amount of 

funds allowed to be raised by participating candidates (including through 

qualified small dollar contributions) and payments under this title are sufficient for voters in each State to learn about the candidates to cast an informed vote, taking into account the historic amount of spending by winning candidates, media costs, primary election dates, and any other information the Comptroller General determines is appropriate. 

‘‘(3) RECOMMENDATIONS FOR ADJUSTMENT OF AMOUNTS.—Based on the review 

conducted under subparagraph (A), the Comptroller General may recommend to 

Congress adjustments of the following amounts: 

‘‘(A) The number and value of qualified small dollar contributions a candidate is required to obtain under section 512(a) to be eligible for certification as a participating candidate. 

‘‘(B) The maximum amount of payments a candidate may receive under 

this title. 

‘‘(b) REPORTS.—Not later than each June 1 which follows a regularly scheduled 

general election for Federal office for which payments were made under this title, 

the Comptroller General shall submit to the Committee on House Administration 

of the House of Representatives a report— 

‘‘(1) containing an analysis of the review conducted under subsection (a), including a detailed statement of Comptroller General’s findings, conclusions, and 

recommendations based on such review, including any recommendations for adjustments of amounts described in subsection (a)(3); and 

‘‘(2) documenting, evaluating, and making recommendations relating to the 

administrative implementation and enforcement of the provisions of this title. 

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 

such sums as are necessary to carry out the purposes of this section. 

‘‘SEC. 543. ADMINISTRATION BY COMMISSION. 

‘‘The Commission shall prescribe regulations to carry out the purposes of this 

title, including regulations to establish procedures for— 

‘‘(1) verifying the amount of qualified small dollar contributions with respect 

to a candidate; 

‘‘(2) effectively and efficiently monitoring and enforcing the limits on the raising of qualified small dollar contributions; 

‘‘(3) effectively and efficiently monitoring and enforcing the limits on the use 

of personal funds by participating candidates; and 

‘‘(4) monitoring the use of allocations from the Freedom From Influence Fund 

established under section 541 and matching contributions under this title 

through audits of not fewer than 1⁄10 (or, in the case of the first 3 election cycles 

during which the program under this title is in effect, not fewer than 1⁄3) of all 

participating candidates or other mechanisms. 

‘‘SEC. 544. VIOLATIONS AND PENALTIES. 

‘‘(a) CIVIL PENALTY FOR VIOLATION OF CONTRIBUTION AND EXPENDITURE REQUIREMENTS.—If a candidate who has been certified as a participating candidate accepts 

a contribution or makes an expenditure that is prohibited under section 521, the 

Commission may assess a civil penalty against the candidate in an amount that is 

not more than 3 times the amount of the contribution or expenditure. Any amounts 

collected under this subsection shall be deposited into the Freedom From Influence 

Fund established under section 541. 

‘‘(b) REPAYMENT FOR IMPROPER USE OF FREEDOM FROM INFLUENCE FUND.— 

‘‘(1) IN GENERAL.—If the Commission determines that any payment made to 

a participating candidate was not used as provided for in this title or that a 

participating candidate has violated any of the dates for remission of funds contained in this title, the Commission shall so notify the candidate and the candidate shall pay to the Fund an amount equal to— 

‘‘(A) the amount of payments so used or not remitted, as appropriate; and 

‘‘(B) interest on any such amounts (at a rate determined by the Commission). 

‘‘(2) OTHER ACTION NOT PRECLUDED.—Any action by the Commission in accordance with this subsection shall not preclude enforcement proceedings by the 

Commission in accordance with section 309(a), including a referral by the Commission to the Attorney General in the case of an apparent knowing and willful 

violation of this title. 

‘‘(c) PROHIBITING CANDIDATES SUBJECT TO CRIMINAL PENALTY FROM QUALIFYING

AS PARTICIPATING CANDIDATES.—A candidate is not eligible to be certified as a parVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00099 Fmt 6659 Sfmt 6621 E:\HR\OC\HR015P1.XXX HR015P1

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ticipating candidate under this title with respect to an election if a penalty has been 

assessed against the candidate under section 309(d) with respect to any previous 

election. 

‘‘SEC. 545. APPEALS PROCESS. 

‘‘(a) REVIEW OF ACTIONS.—Any action by the Commission in carrying out this title 

shall be subject to review by the United States Court of Appeals for the District of 

Columbia upon petition filed in the Court not later than 30 days after the Commission takes the action for which the review is sought. 

‘‘(b) PROCEDURES.—The provisions of chapter 7 of title 5, United States Code, 

apply to judicial review under this section. 

‘‘SEC. 546. INDEXING OF AMOUNTS. 

‘‘(a) INDEXING.—In any calendar year after 2024, section 315(c)(1)(B) shall apply 

to each amount described in subsection (b) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and 

(h) of such section, except that for purposes of applying such section to the amounts 

described in subsection (b), the ‘base period’ shall be 2024. 

‘‘(b) AMOUNTS DESCRIBED.—The amounts described in this subsection are as follows: 

‘‘(1) The amount referred to in section 502(b)(1) (relating to the minimum 

amount of qualified small dollar contributions included in a request for payment). 

‘‘(2) The amounts referred to in section 504(a)(1) (relating to the amount of 

a qualified small dollar contribution). 

‘‘(3) The amount referred to in section 512(a)(2) (relating to the total dollar 

amount of qualified small dollar contributions). 

‘‘(4) The amount referred to in section 521(a)(5) (relating to the aggregate 

amount of contributions a participating candidate may accept from any individual with respect to an election). 

‘‘(5) The amount referred to in section 521(b)(1)(A) (relating to the amount of 

personal funds that may be used by a candidate who is certified as a participating candidate). 

‘‘(6) The amounts referred to in section 524(a)(2) (relating to the amount of 

unspent funds a candidate may retain for use in the next election cycle). 

‘‘(7) The amount referred to in section 532(a)(3) (relating to the total dollar 

amount of qualified small dollar contributions for a candidate seeking an additional payment under subtitle D). 

‘‘(8) The amount referred to in section 533(b) (relating to the limit on the 

amount of an additional payment made to a candidate under subtitle D). 

‘‘SEC. 547. ELECTION CYCLE DEFINED. 

‘‘In this title, the term ‘election cycle’ means, with respect to an election for an 

office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date 

of the runoff election) and ending on the date of the next general election for that 

office (or, if the general election resulted in a runoff election, the date of the runoff 

election).’’. 

SEC. 5112. CONTRIBUTIONS AND EXPENDITURES BY MULTICANDIDATE AND POLITICAL 

PARTY COMMITTEES ON BEHALF OF PARTICIPATING CANDIDATES. 

(a) AUTHORIZING CONTRIBUTIONS ONLY FROM SEPARATE ACCOUNTS CONSISTING OF

QUALIFIED SMALL DOLLAR CONTRIBUTIONS.—Section 315(a) of the Federal Election 

Campaign Act of 1971 (52 U.S.C. 30116(a)) is amended by adding at the end the 

following new paragraph: 

‘‘(10) In the case of a multicandidate political committee or any political committee of a political party, the committee may make a contribution to a candidate 

who is a participating candidate under title V with respect to an election only if the 

contribution is paid from a separate, segregated account of the committee which 

consists solely of contributions which meet the following requirements: 

‘‘(A) Each such contribution is in an amount which meets the requirements 

for the amount of a qualified small dollar contribution under section 504(a)(1) 

with respect to the election involved. 

‘‘(B) Each such contribution is made by an individual who is not otherwise 

prohibited from making a contribution under this Act. 

‘‘(C) The individual who makes the contribution does not make contributions 

to the committee during the year in an aggregate amount that exceeds the limit 

described in section 504(a)(1).’’. 

(b) PERMITTING UNLIMITED COORDINATED EXPENDITURES FROM SMALL DOLLAR

SOURCES BY POLITICAL PARTIES.—Section 315(d) of such Act (52 U.S.C. 30116(d)) is 

amended— 


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(1) in paragraph (3), by striking ‘‘The national committee’’ and inserting ‘‘Except as provided in paragraph (5), the national committee’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(5) The limits described in paragraph (3) do not apply in the case of expenditures 

in connection with the general election campaign of a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress who is a participating candidate under title V with respect to the election, but only if— 

‘‘(A) the expenditures are paid from a separate, segregated account of the 

committee which is described in subsection (a)(9); and 

‘‘(B) the expenditures are the sole source of funding provided by the committee to the candidate.’’. 

SEC. 5113. PROHIBITING USE OF CONTRIBUTIONS BY PARTICIPATING CANDIDATES FOR PURPOSES OTHER THAN CAMPAIGN FOR ELECTION. 

Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30114) is 

amended by adding at the end the following new subsection: 

‘‘(d) RESTRICTIONS ON PERMITTED USES OF FUNDS BY CANDIDATES RECEIVING

SMALL DOLLAR FINANCING.—Notwithstanding paragraph (2), (3), or (4) of subsection 

(a), if a candidate for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress is certified as a participating candidate under 

title V with respect to the election, any contribution which the candidate is permitted to accept under such title may be used only for authorized expenditures in 

connection with the candidate’s campaign for such office, subject to section 503(b).’’. 

SEC. 5114. EFFECTIVE DATE. 

(a) IN GENERAL.—Except as may otherwise be provided in this part and in the 

amendments made by this part, this part and the amendments made by this part 

shall apply with respect to elections occurring during 2026 or any succeeding year, 

without regard to whether or not the Federal Election Commission has promulgated 

the final regulations necessary to carry out this part and the amendments made by 

this part by the deadline set forth in subsection (b). 

(b) DEADLINE FOR REGULATIONS.—Not later than June 30, 2024, the Federal Election Commission shall promulgate such regulations as may be necessary to carry 

out this part and the amendments made by this part. 

Subtitle C—Presidential Elections 

SEC. 5200. SHORT TITLE. 

This subtitle may be cited as the ‘‘Empower Act of 2019’’. 

PART 1—PRIMARY ELECTIONS 

SEC. 5201. INCREASE IN AND MODIFICATIONS TO MATCHING PAYMENTS. 

(a) INCREASE AND MODIFICATION.— 

(1) IN GENERAL.—The first sentence of section 9034(a) of the Internal Revenue 

Code of 1986 is amended— 

(A) by striking ‘‘an amount equal to the amount of each contribution’’ and 

inserting ‘‘an amount equal to 600 percent of the amount of each matchable 

contribution (disregarding any amount of contributions from any person to 

the extent that the total of the amounts contributed by such person for the 

election exceeds $200)’’; and 

(B) by striking ‘‘authorized committees’’ and all that follows through 

‘‘$250’’ and inserting ‘‘authorized committees’’. 

(2) MATCHABLE CONTRIBUTIONS.—Section 9034 of such Code is amended— 

(A) by striking the last sentence of subsection (a); and 

(B) by adding at the end the following new subsection: 

‘‘(c) MATCHABLE CONTRIBUTION DEFINED.—For purposes of this section and section 

9033(b)— 

‘‘(1) MATCHABLE CONTRIBUTION.—The term ‘matchable contribution’ means, 

with respect to the nomination for election to the office of President of the 

United States, a contribution by an individual to a candidate or an authorized 

committee of a candidate with respect to which the candidate has certified in 

writing that— 

‘‘(A) the individual making such contribution has not made aggregate contributions (including such matchable contribution) to such candidate and 

the authorized committees of such candidate in excess of $1,000 for the 

election; 


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‘‘(B) such candidate and the authorized committees of such candidate will 

not accept contributions from such individual (including such matchable 

contribution) aggregating more than the amount described in subparagraph 

(A); and 

‘‘(C) such contribution was a direct contribution. 

‘‘(2) CONTRIBUTION.—For purposes of this subsection, the term ‘contribution’ 

means a gift of money made by a written instrument which identifies the individual making the contribution by full name and mailing address, but does not 

include a subscription, loan, advance, or deposit of money, or anything of value 

or anything described in subparagraph (B), (C), or (D) of section 9032(4). 

‘‘(3) DIRECT CONTRIBUTION.— 

‘‘(A) IN GENERAL.—For purposes of this subsection, the term ‘direct contribution’ means, with respect to a candidate, a contribution which is made 

directly by an individual to the candidate or an authorized committee of the 

candidate and is not— 

‘‘(i) forwarded from the individual making the contribution to the 

candidate or committee by another person; or 

‘‘(ii) received by the candidate or committee with the knowledge that 

the contribution was made at the request, suggestion, or recommendation of another person. 

‘‘(B) OTHER DEFINITIONS.—In subparagraph (A)— 

‘‘(i) the term ‘person’ does not include an individual (other than an 

individual described in section 304(i)(7) of the Federal Election Campaign Act of 1971), a political committee of a political party, or any political committee which is not a separate segregated fund described in 

section 316(b) of the Federal Election Campaign Act of 1971 and which 

does not make contributions or independent expenditures, does not engage in lobbying activity under the Lobbying Disclosure Act of 1995 (2 

U.S.C. 1601 et seq.), and is not established by, controlled by, or affiliated with a registered lobbyist under such Act, an agent of a registered 

lobbyist under such Act, or an organization which retains or employs 

a registered lobbyist under such Act; and 

‘‘(ii) a contribution is not ‘made at the request, suggestion, or recommendation of another person’ solely on the grounds that the contribution is made in response to information provided to the individual 

making the contribution by any person, so long as the candidate or authorized committee does not know the identity of the person who provided the information to such individual.’’. 

(3) CONFORMING AMENDMENTS.— 

(A) Section 9032(4) of such Code is amended by striking ‘‘section 9034(a)’’ 

and inserting ‘‘section 9034’’. 

(B) Section 9033(b)(3) of such Code is amended by striking ‘‘matching contributions’’ and inserting ‘‘matchable contributions’’. 

(b) MODIFICATION OF PAYMENT LIMITATION.—Section 9034(a) of such Code is 

amended— 

(1) by striking ‘‘Every’’ and inserting the following: 

‘‘(1) IN GENERAL.—Every’’; 

(2) by striking ‘‘shall not exceed’’ and all that follows and inserting ‘‘shall not 

exceed $250,000,000.’’, and 

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

‘‘(2) INFLATION ADJUSTMENT.— 

‘‘(A) IN GENERAL.—In the case of any applicable period beginning after 

2029, the dollar amount in paragraph (1) shall be increased by an amount 

equal to— 

‘‘(i) such dollar amount, multiplied by 

‘‘(ii) the cost-of-living adjustment determined under section 1(f)(3) for 

the calendar year following the year which such applicable period begins, determined by substituting ‘calendar year 2028’ for ‘calendar year 

1992’ in subparagraph (B) thereof. 

‘‘(B) APPLICABLE PERIOD.—For purposes of this paragraph, the term ‘applicable period’ means the 4-year period beginning with the first day following the date of the general election for the office of President and ending 

on the date of the next such general election. 

‘‘(C) ROUNDING.—If any amount as adjusted under subparagraph (1) is 

not a multiple of $10,000, such amount shall be rounded to the nearest 

multiple of $10,000.’’. 


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SEC. 5202. ELIGIBILITY REQUIREMENTS FOR MATCHING PAYMENTS. 

(a) AMOUNT OF AGGREGATE CONTRIBUTIONS PER STATE; DISREGARDING OF

AMOUNTS CONTRIBUTED IN EXCESS OF $200.—Section 9033(b)(3) of the Internal Revenue Code of 1986 is amended— 

(1) by striking ‘‘$5,000’’ and inserting ‘‘$25,000’’; and 

(2) by striking ‘‘20 States’’ and inserting the following: ‘‘20 States (disregarding any amount of contributions from any such resident to the extent 

that the total of the amounts contributed by such resident for the election exceeds $200)’’. 

(b) CONTRIBUTION LIMIT.— 

(1) IN GENERAL.—Paragraph (4) of section 9033(b) of such Code is amended 

to read as follows: 

‘‘(4) the candidate and the authorized committees of the candidate will not accept aggregate contributions from any person with respect to the nomination for 

election to the office of President of the United States in excess of $1,000 for 

the election.’’. 

(2) CONFORMING AMENDMENTS.— 

(A) Section 9033(b) of such Code is amended by adding at the end the 

following new flush sentence: 

‘‘For purposes of paragraph (4), the term ‘contribution’ has the meaning given such 

term in section 301(8) of the Federal Election Campaign Act of 1971.’’. 

(B) Section 9032(4) of such Code, as amended by section 5201(a)(3)(A), is 

amended by inserting ‘‘or 9033(b)’’ after ‘‘9034’’. 

(c) PARTICIPATION IN SYSTEM FOR PAYMENTS FOR GENERAL ELECTION.—Section 

9033(b) of such Code is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (3); 

(2) by striking the period at the end of paragraph (4) and inserting ‘‘, and’’; 

and 

(3) by inserting after paragraph (4) the following new paragraph: 

‘‘(5) if the candidate is nominated by a political party for election to the office 

of President, the candidate will apply for and accept payments with respect to 

the general election for such office in accordance with chapter 95.’’. 

(d) PROHIBITION ON JOINT FUNDRAISING COMMITTEES.—Section 9033(b) of such 

Code, as amended by subsection (c), is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (4); 

(2) by striking the period at the end of paragraph (5) and inserting ‘‘; and’’; 

and 

(3) by inserting after paragraph (5) the following new paragraph: 

‘‘(6) the candidate will not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate, except that candidate established a joint fundraising committee with respect to a 

prior election for which the candidate was not eligible to receive payments 

under section 9037 and the candidate does not terminate the committee, the 

candidate shall not be considered to be in violation of this paragraph so long 

as that joint fundraising committee does not receive any contributions or make 

any disbursements during the election cycle for which the candidate is eligible 

to receive payments under such section.’’. 

SEC. 5203. REPEAL OF EXPENDITURE LIMITATIONS. 

(a) IN GENERAL.—Subsection (a) of section 9035 of the Internal Revenue Code of 

1986 is amended to read as follows: 

‘‘(a) PERSONAL EXPENDITURE LIMITATION.—No candidate shall knowingly make expenditures from his personal funds, or the personal funds of his immediate family, 

in connection with his campaign for nomination for election to the office of President 

in excess of, in the aggregate, $50,000.’’. 

(b) CONFORMING AMENDMENT.—Paragraph (1) of section 9033(b) of the Internal 

Revenue Code of 1986 is amended to read as follows: 

‘‘(1) the candidate will comply with the personal expenditure limitation under 

section 9035,’’. 

SEC. 5204. PERIOD OF AVAILABILITY OF MATCHING PAYMENTS. 

Section 9032(6) of the Internal Revenue Code of 1986 is amended by striking ‘‘the 

beginning of the calendar year in which a general election for the office of President 

of the United States will be held’’ and inserting ‘‘the date that is 6 months prior 

to the date of the earliest State primary election’’. 

SEC. 5205. EXAMINATION AND AUDITS OF MATCHABLE CONTRIBUTIONS. 

Section 9038(a) of the Internal Revenue Code of 1986 is amended by inserting 

‘‘and matchable contributions accepted by’’ after ‘‘qualified campaign expenses of’’. 


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SEC. 5206. MODIFICATION TO LIMITATION ON CONTRIBUTIONS FOR PRESIDENTIAL PRIMARY 

CANDIDATES. 

Section 315(a)(6) of the Federal Election Campaign Act of 1971 (52 U.S.C. 

30116(a)(6)) is amended by striking ‘‘calendar year’’ and inserting ‘‘four-year election 

cycle’’. 

SEC. 5207. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS. 

(a) IN GENERAL.—Chapter 96 of subtitle H of the Internal Revenue Code of 1986 

is amended by adding at the end the following new section: 

‘‘SEC. 9043. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS. 

‘‘(a) IN GENERAL.—Notwithstanding any other provision of this chapter, effective 

with respect to the Presidential election held in 2028 and each succeeding Presidential election, all payments made to candidates under this chapter shall be made 

from the Freedom From Influence Fund established under section 541 of the Federal 

Election Campaign Act of 1971 (hereafter in this section referred to as the ‘Fund’). 

‘‘(b) MANDATORY REDUCTION OF PAYMENTS IN CASE OF INSUFFICIENT AMOUNTS IN

FUND.— 

‘‘(1) ADVANCE AUDITS BY COMMISSION.—Not later than 90 days before the first 

day of each Presidential election cycle (beginning with the cycle for the election 

held in 2028), the Commission shall— 

‘‘(A) audit the Fund to determine whether, after first making payments 

to participating candidates under title V of the Federal Election Campaign 

Act of 1971 and then making payments to States under the My Voice 

Voucher Program under the Government By the People Act of 2019, the 

amounts remaining in the Fund will be sufficient to make payments to candidates under this chapter in the amounts provided under this chapter during such election cycle; and 

‘‘(B) submit a report to Congress describing the results of the audit. 

‘‘(2) REDUCTIONS IN AMOUNT OF PAYMENTS.— 

‘‘(A) AUTOMATIC REDUCTION ON PRO RATA BASIS.—If, on the basis of the 

audit described in paragraph (1), the Commission determines that the 

amount anticipated to be available in the Fund with respect to the Presidential election cycle involved is not, or may not be, sufficient to satisfy the 

full entitlements of candidates to payments under this chapter for such 

cycle, the Commission shall reduce each amount which would otherwise be 

paid to a candidate under this chapter by such pro rata amount as may be 

necessary to ensure that the aggregate amount of payments anticipated to 

be made with respect to the cycle will not exceed the amount anticipated 

to be available for such payments in the Fund with respect to such cycle. 

‘‘(B) RESTORATION OF REDUCTIONS IN CASE OF AVAILABILITY OF SUFFICIENT

FUNDS DURING ELECTION CYCLE.—If, after reducing the amounts paid to 

candidates with respect to an election cycle under subparagraph (A), the 

Commission determines that there are sufficient amounts in the Fund to 

restore the amount by which such payments were reduced (or any portion 

thereof), to the extent that such amounts are available, the Commission 

may make a payment on a pro rata basis to each such candidate with respect to the election cycle in the amount by which such candidate’s payments were reduced under subparagraph (A) (or any portion thereof, as the 

case may be). 

‘‘(C) NO USE OF AMOUNTS FROM OTHER SOURCES.—In any case in which 

the Commission determines that there are insufficient moneys in the Fund 

to make payments to candidates under this chapter, moneys shall not be 

made available from any other source for the purpose of making such payments. 

‘‘(3) NO EFFECT ON AMOUNTS TRANSFERRED FOR PEDIATRIC RESEARCH INITIATIVE.—This section does not apply to the transfer of funds under section 9008(i). 

‘‘(4) PRESIDENTIAL ELECTION CYCLE DEFINED.—In this section, the term ‘Presidential election cycle’ means, with respect to a Presidential election, the period 

beginning on the day after the date of the previous Presidential general election 

and ending on the date of the Presidential election.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for chapter 96 of subtitle H of 

such Code is amended by adding at the end the following new item: 

‘‘Sec. 9043. Use of Freedom From Influence Fund as source of payments.’’. 


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PART 2—GENERAL ELECTIONS 

SEC. 5211. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR PUBLIC FINANCING. 

Subsection (a) of section 9003 of the Internal Revenue Code of 1986 is amended 

to read as follows: 

‘‘(a) IN GENERAL.—In order to be eligible to receive any payments under section 

9006, the candidates of a political party in a Presidential election shall meet the 

following requirements: 

‘‘(1) PARTICIPATION IN PRIMARY PAYMENT SYSTEM.—The candidate for President received payments under chapter 96 for the campaign for nomination for 

election to be President. 

‘‘(2) AGREEMENTS WITH COMMISSION.—The candidates, in writing— 

‘‘(A) agree to obtain and furnish to the Commission such evidence as it 

may request of the qualified campaign expenses of such candidates, 

‘‘(B) agree to keep and furnish to the Commission such records, books, 

and other information as it may request, and 

‘‘(C) agree to an audit and examination by the Commission under section 

9007 and to pay any amounts required to be paid under such section. 

‘‘(3) PROHIBITION ON JOINT FUNDRAISING COMMITTEES.— ‘‘(A) PROHIBITION.—The candidates certifies in writing that the candidates will not establish a joint fundraising committee with a political 

committee other than another authorized committee of the candidate. 

‘‘(B) STATUS OF EXISTING COMMITTEES FOR PRIOR ELECTIONS.—If a candidate established a joint fundraising committee described in subparagraph 

(A) with respect to a prior election for which the candidate was not eligible 

to receive payments under section 9006 and the candidate does not terminate the committee, the candidate shall not be considered to be in violation 

of subparagraph (A) so long as that joint fundraising committee does not 

receive any contributions or make any disbursements with respect to the 

election for which the candidate is eligible to receive payments under section 9006.’’. 

SEC. 5212. REPEAL OF EXPENDITURE LIMITATIONS AND USE OF QUALIFIED CAMPAIGN CONTRIBUTIONS. 

(a) USE OF QUALIFIED CAMPAIGN CONTRIBUTIONS WITHOUT EXPENDITURE LIMITS; 

APPLICATION OF SAME REQUIREMENTS FOR MAJOR, MINOR, AND NEW PARTIES.—Section 9003 of the Internal Revenue Code of 1986 is amended by striking subsections 

(b) and (c) and inserting the following: 

‘‘(b) USE OF QUALIFIED CAMPAIGN CONTRIBUTIONS TO DEFRAY EXPENSES.— ‘‘(1) IN GENERAL.—In order to be eligible to receive any payments under section 9006, the candidates of a party in a Presidential election shall certify to 

the Commission, under penalty of perjury, that— 

‘‘(A) such candidates and their authorized committees have not and will 

not accept any contributions to defray qualified campaign expenses other 

than— 

‘‘(i) qualified campaign contributions, and 

‘‘(ii) contributions to the extent necessary to make up any deficiency 

payments received out of the fund on account of the application of section 9006(c), and 

‘‘(B) such candidates and their authorized committees have not and will 

not accept any contribution to defray expenses which would be qualified 

campaign expenses but for subparagraph (C) of section 9002(11). 

‘‘(2) TIMING OF CERTIFICATION.—The candidate shall make the certification required under this subsection at the same time the candidate makes the certification required under subsection (a)(3).’’. 

(b) DEFINITION OF QUALIFIED CAMPAIGN CONTRIBUTION.—Section 9002 of such 

Code is amended by adding at the end the following new paragraph: 

‘‘(13) QUALIFIED CAMPAIGN CONTRIBUTION.—The term ‘qualified campaign contribution’ means, with respect to any election for the office of President of the 

United States, a contribution from an individual to a candidate or an authorized 

committee of a candidate which— 

‘‘(A) does not exceed $1,000 for the election; and 

‘‘(B) with respect to which the candidate has certified in writing that— 

‘‘(i) the individual making such contribution has not made aggregate 

contributions (including such qualified contribution) to such candidate 

and the authorized committees of such candidate in excess of the 

amount described in subparagraph (A), and 

‘‘(ii) such candidate and the authorized committees of such candidate 

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fied contribution) aggregating more than the amount described in subparagraph (A) with respect to such election.’’. 

(c) CONFORMING AMENDMENTS.— 

(1) REPEAL OF EXPENDITURE LIMITS.— 

(A) IN GENERAL.—Section 315 of the Federal Election Campaign Act of 

1971 (52 U.S.C. 30116) is amended by striking subsection (b). 

(B) CONFORMING AMENDMENTS.—Section 315(c) of such Act (52 U.S.C. 

30116(c)) is amended— 

(i) in paragraph (1)(B)(i), by striking ‘‘, (b)’’; and 

(ii) in paragraph (2)(B)(i), by striking ‘‘subsections (b) and (d)’’ and inserting ‘‘subsection (d)’’. 

(2) REPEAL OF REPAYMENT REQUIREMENT.— 

(A) IN GENERAL.—Section 9007(b) of the Internal Revenue Code of 1986 

is amended by striking paragraph (2) and redesignating paragraphs (3), (4), 

and (5) as paragraphs (2), (3), and (4), respectively. 

(B) CONFORMING AMENDMENT.—Paragraph (2) of section 9007(b) of such 

Code, as redesignated by subparagraph (A), is amended— 

(i) by striking ‘‘a major party’’ and inserting ‘‘a party’’; 

(ii) by inserting ‘‘qualified contributions and’’ after ‘‘contributions 

(other than’’; and 

(iii) by striking ‘‘(other than qualified campaign expenses with respect to which payment is required under paragraph (2))’’. 

(3) CRIMINAL PENALTIES.— 

(A) REPEAL OF PENALTY FOR EXCESS EXPENSES.—Section 9012 of the Internal Revenue Code of 1986 is amended by striking subsection (a). 

(B) PENALTY FOR ACCEPTANCE OF DISALLOWED CONTRIBUTIONS; APPLICATION OF SAME PENALTY FOR CANDIDATES OF MAJOR, MINOR, AND NEW PARTIES.—Subsection (b) of section 9012 of such Code is amended to read as 

follows: 

‘‘(b) CONTRIBUTIONS.— 

‘‘(1) ACCEPTANCE OF DISALLOWED CONTRIBUTIONS.—It shall be unlawful for an 

eligible candidate of a party in a Presidential election or any of his authorized 

committees knowingly and willfully to accept— 

‘‘(A) any contribution other than a qualified campaign contribution to defray qualified campaign expenses, except to the extent necessary to make 

up any deficiency in payments received out of the fund on account of the 

application of section 9006(c); or 

‘‘(B) any contribution to defray expenses which would be qualified campaign expenses but for subparagraph (C) of section 9002(11). 

‘‘(2) PENALTY.—Any person who violates paragraph (1) shall be fined not more 

than $5,000, or imprisoned not more than one year, or both. In the case of a 

violation by an authorized committee, any officer or member of such committee 

who knowingly and willfully consents to such violation shall be fined not more 

than $5,000, or imprisoned not more than one year, or both.’’. 

SEC. 5213. MATCHING PAYMENTS AND OTHER MODIFICATIONS TO PAYMENT AMOUNTS. 

(a) IN GENERAL.— 

(1) AMOUNT OF PAYMENTS; APPLICATION OF SAME AMOUNT FOR CANDIDATES OF

MAJOR, MINOR, AND NEW PARTIES.—Subsection (a) of section 9004 of the Internal 

Revenue Code of 1986 is amended to read as follows: 

‘‘(a) IN GENERAL.—Subject to the provisions of this chapter, the eligible candidates 

of a party in a Presidential election shall be entitled to equal payment under section 

9006 in an amount equal to 600 percent of the amount of each matchable contribution received by such candidate or by the candidate’s authorized committees (disregarding any amount of contributions from any person to the extent that the total 

of the amounts contributed by such person for the election exceeds $200), except 

that total amount to which a candidate is entitled under this paragraph shall not 

exceed $250,000,000.’’. 

(2) REPEAL OF SEPARATE LIMITATIONS FOR CANDIDATES OF MINOR AND NEW

PARTIES; INFLATION ADJUSTMENT.—Subsection (b) of section 9004 of such Code 

is amended to read as follows: 

‘‘(b) INFLATION ADJUSTMENT.— 

‘‘(1) IN GENERAL.—In the case of any applicable period beginning after 2029, 

the $250,000,000 dollar amount in subsection (a) shall be increased by an 

amount equal to— 

‘‘(A) such dollar amount; multiplied by 

‘‘(B) the cost-of-living adjustment determined under section 1(f)(3) for the 

calendar year following the year which such applicable period begins, deterVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00106 Fmt 6659 Sfmt 6621 E:\HR\OC\HR015P1.XXX HR015P1

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mined by substituting ‘calendar year 2028’ for ‘calendar year 1992’ in subparagraph (B) thereof. 

‘‘(2) APPLICABLE PERIOD.—For purposes of this subsection, the term ‘applicable 

period’ means the 4-year period beginning with the first day following the date 

of the general election for the office of President and ending on the date of the 

next such general election. 

‘‘(3) ROUNDING.—If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of 

$10,000.’’. 

(3) CONFORMING AMENDMENT.—Section 9005(a) of such Code is amended by 

adding at the end the following new sentence: ‘‘The Commission shall make 

such additional certifications as may be necessary to receive payments under 

section 9004.’’. 

(b) MATCHABLE CONTRIBUTION.—Section 9002 of such Code, as amended by section 5212(b), is amended by adding at the end the following new paragraph: 

‘‘(14) MATCHABLE CONTRIBUTION.—The term ‘matchable contribution’ means, 

with respect to the election to the office of President of the United States, a contribution by an individual to a candidate or an authorized committee of a candidate with respect to which the candidate has certified in writing that— 

‘‘(A) the individual making such contribution has not made aggregate contributions (including such matchable contribution) to such candidate and 

the authorized committees of such candidate in excess of $1,000 for the 

election; 

‘‘(B) such candidate and the authorized committees of such candidate will 

not accept contributions from such individual (including such matchable 

contribution) aggregating more than the amount described in subparagraph 

(A) with respect to such election; and 

‘‘(C) such contribution was a direct contribution (as defined in section 

9034(c)(3)).’’. 

SEC. 5214. INCREASE IN LIMIT ON COORDINATED PARTY EXPENDITURES. 

(a) IN GENERAL.—Section 315(d)(2) of the Federal Election Campaign Act of 1971 

(52 U.S.C. 30116(d)(2)) is amended to read as follows: 

‘‘(2)(A) The national committee of a political party may not make any expenditure 

in connection with the general election campaign of any candidate for President of 

the United States who is affiliated with such party which exceeds $100,000,000. 

‘‘(B) For purposes of this paragraph— 

‘‘(i) any expenditure made by or on behalf of a national committee of a political party and in connection with a Presidential election shall be considered to 

be made in connection with the general election campaign of a candidate for 

President of the United States who is affiliated with such party; and 

‘‘(ii) any communication made by or on behalf of such party shall be considered to be made in connection with the general election campaign of a candidate 

for President of the United States who is affiliated with such party if any portion of the communication is in connection with such election. 

‘‘(C) Any expenditure under this paragraph shall be in addition to any expenditure by a national committee of a political party serving as the principal campaign 

committee of a candidate for the office of President of the United States.’’. 

(b) CONFORMING AMENDMENTS RELATING TO TIMING OF COST-OF-LIVING ADJUSTMENT.— 

(1) IN GENERAL.—Section 315(c)(1) of such Act (52 U.S.C. 30116(c)(1)) is 

amended— 

(A) in subparagraph (B), by striking ‘‘(d)’’ and inserting ‘‘(d)(2)’’; and 

(B) by adding at the end the following new subparagraph: 

‘‘(D) In any calendar year after 2028— 

‘‘(i) the dollar amount in subsection (d)(2) shall be increased by the percent 

difference determined under subparagraph (A); 

‘‘(ii) the amount so increased shall remain in effect for the calendar year; and 

‘‘(iii) if the amount after adjustment under clause (i) is not a multiple of $100, 

such amount shall be rounded to the nearest multiple of $100.’’. 

(2) BASE YEAR.—Section 315(c)(2)(B) of such Act (52 U.S.C. 30116(c)(2)(B)) is 

amended— 

(A) in clause (i)— 

(i) by striking ‘‘(d)’’ and inserting ‘‘(d)(3)’’; and 

(ii) by striking ‘‘and’’ at the end; 

(B) in clause (ii), by striking the period at the end and inserting ‘‘; and’’; 

and 

(C) by adding at the end the following new clause: 

‘‘(iii) for purposes of subsection (d)(2), calendar year 2027.’’. 


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SEC. 5215. ESTABLISHMENT OF UNIFORM DATE FOR RELEASE OF PAYMENTS. 

(a) DATE FOR PAYMENTS.— (1) IN GENERAL.—Section 9006(b) of the Internal Revenue Code of 1986 is 

amended to read as follows: 

‘‘(b) PAYMENTS FROM THE FUND.—If the Secretary of the Treasury receives a certification from the Commission under section 9005 for payment to the eligible candidates of a political party, the Secretary shall pay to such candidates out of the 

fund the amount certified by the Commission on the later of— 

‘‘(1) the last Friday occurring before the first Monday in September; or 

‘‘(2) 24 hours after receiving the certifications for the eligible candidates of all 

major political parties. 

Amounts paid to any such candidates shall be under the control of such candidates.’’. 

(2) CONFORMING AMENDMENT.—The first sentence of section 9006(c) of such 

Code is amended by striking ‘‘the time of a certification by the Commission 

under section 9005 for payment’’ and inserting ‘‘the time of making a payment 

under subsection (b)’’. 

(b) TIME FOR CERTIFICATION.—Section 9005(a) of the Internal Revenue Code of 

1986 is amended by striking ‘‘10 days’’ and inserting ‘‘24 hours’’. 

SEC. 5216. AMOUNTS IN PRESIDENTIAL ELECTION CAMPAIGN FUND. 

Section 9006(c) of the Internal Revenue Code of 1986 is amended by adding at 

the end the following new sentence: ‘‘In making a determination of whether there 

are insufficient moneys in the fund for purposes of the previous sentence, the Secretary shall take into account in determining the balance of the fund for a Presidential election year the Secretary’s best estimate of the amount of moneys which 

will be deposited into the fund during the year, except that the amount of the estimate may not exceed the average of the annual amounts deposited in the fund during the previous 3 years.’’. 

SEC. 5217. USE OF GENERAL ELECTION PAYMENTS FOR GENERAL ELECTION LEGAL AND ACCOUNTING COMPLIANCE. 

Section 9002(11) of the Internal Revenue Code of 1986 is amended by adding at 

the end the following new sentence: ‘‘For purposes of subparagraph (A), an expense 

incurred by a candidate or authorized committee for general election legal and accounting compliance purposes shall be considered to be an expense to further the 

election of such candidate.’’. 

SEC. 5218. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS. 

(a) IN GENERAL.—Chapter 95 of subtitle H of the Internal Revenue Code of 1986 

is amended by adding at the end the following new section: 

‘‘SEC. 9013. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS. 

‘‘(a) IN GENERAL.—Notwithstanding any other provision of this chapter, effective 

with respect to the Presidential election held in 2028 and each succeeding Presidential election, all payments made under this chapter shall be made from the Freedom From Influence Fund established under section 541 of the Federal Election 

Campaign Act of 1971. 

‘‘(b) MANDATORY REDUCTION OF PAYMENTS IN CASE OF INSUFFICIENT AMOUNTS IN

FUND.— 

‘‘(1) ADVANCE AUDITS BY COMMISSION.—Not later than 90 days before the first 

day of each Presidential election cycle (beginning with the cycle for the election 

held in 2028), the Commission shall— 

‘‘(A) audit the Fund to determine whether, after first making payments 

to participating candidates under title V of the Federal Election Campaign 

Act of 1971 and then making payments to States under the My Voice 

Voucher Program under the Government By the People Act of 2019 and 

then making payments to candidates under chapter 96, the amounts remaining in the Fund will be sufficient to make payments to candidates 

under this chapter in the amounts provided under this chapter during such 

election cycle; and 

‘‘(B) submit a report to Congress describing the results of the audit. 

‘‘(2) REDUCTIONS IN AMOUNT OF PAYMENTS.— 

‘‘(A) AUTOMATIC REDUCTION ON PRO RATA BASIS.—If, on the basis of the 

audit described in paragraph (1), the Commission determines that the 

amount anticipated to be available in the Fund with respect to the Presidential election cycle involved is not, or may not be, sufficient to satisfy the 

full entitlements of candidates to payments under this chapter for such 

cycle, the Commission shall reduce each amount which would otherwise be 

paid to a candidate under this chapter by such pro rata amount as may be 

necessary to ensure that the aggregate amount of payments anticipated to 


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be made with respect to the cycle will not exceed the amount anticipated 

to be available for such payments in the Fund with respect to such cycle. 

‘‘(B) RESTORATION OF REDUCTIONS IN CASE OF AVAILABILITY OF SUFFICIENT

FUNDS DURING ELECTION CYCLE.—If, after reducing the amounts paid to 

candidates with respect to an election cycle under subparagraph (A), the 

Commission determines that there are sufficient amounts in the Fund to 

restore the amount by which such payments were reduced (or any portion 

thereof), to the extent that such amounts are available, the Commission 

may make a payment on a pro rata basis to each such candidate with respect to the election cycle in the amount by which such candidate’s payments were reduced under subparagraph (A) (or any portion thereof, as the 

case may be). 

‘‘(C) NO USE OF AMOUNTS FROM OTHER SOURCES.—In any case in which 

the Commission determines that there are insufficient moneys in the Fund 

to make payments to candidates under this chapter, moneys shall not be 

made available from any other source for the purpose of making such payments. 

‘‘(3) NO EFFECT ON AMOUNTS TRANSFERRED FOR PEDIATRIC RESEARCH INITIA- TIVE.—This section does not apply to the transfer of funds under section 9008(i). 

‘‘(4) PRESIDENTIAL ELECTION CYCLE DEFINED.—In this section, the term ‘Presidential election cycle’ means, with respect to a Presidential election, the period 

beginning on the day after the date of the previous Presidential general election 

and ending on the date of the Presidential election.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for chapter 95 of subtitle H of 

such Code is amended by adding at the end the following new item: 

‘‘Sec. 9013. Use of Freedom From Influence Fund as source of payments.’’. 

PART 3—EFFECTIVE DATE 

SEC. 5221. EFFECTIVE DATE. 

(a) IN GENERAL.—Except as otherwise provided, this subtitle and the amendments 

made by this subtitle shall apply with respect to the Presidential election held in 

2028 and each succeeding Presidential election, without regard to whether or not 

the Federal Election Commission has promulgated the final regulations necessary 

to carry out this part and the amendments made by this part by the deadline set 

forth in subsection (b). 

(b) DEADLINE FOR REGULATIONS.—Not later than June 30, 2026, the Federal Election Commission shall promulgate such regulations as may be necessary to carry 

out this part and the amendments made by this part. 

Subtitle D—Personal Use Services as Authorized 

Campaign Expenditures 

SEC. 5301. SHORT TITLE; FINDINGS; PURPOSE. 

(a) SHORT TITLE.—This subtitle may be cited as the ‘‘Help America Run Act’’. 

(b) FINDINGS.—Congress finds the following: 

(1) Everyday Americans experience barriers to entry before they can consider 

running for office to serve their communities. 

(2) Current law states that campaign funds cannot be spent on everyday expenses that would exist whether or not a candidate were running for office, like 

childcare and food. While the law seems neutral, its actual effect is to privilege 

the independently wealthy who want to run, because given the demands of running for office, candidates who must work to pay for childcare or to afford 

health insurance are effectively being left out of the process, even if they have 

sufficient support to mount a viable campaign. 

(3) Thus current practice favors those prospective candidates who do not need 

to rely on a regular paycheck to make ends meet. The consequence is that everyday Americans who have firsthand knowledge of the importance of stable 

childcare, a safety net, or great public schools are less likely to get a seat at 

the table. This governance by the few is antithetical to the democratic experiment, but most importantly, when lawmakers do not share the concerns of everyday Americans, their policies reflect that. 

(4) These circumstances have contributed to a Congress that does not always 

reflect everyday Americans. The New York Times reported in 2019 that fewer 

than 5 percent of representatives cite blue-collar or service jobs in their biographies. A 2015 survey by the Center for Responsive Politics showed that the 


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median net worth of lawmakers was just over $1 million in 2013, or 18 times 

the wealth of the typical American household. 

(5) These circumstances have also contributed to a governing body that does 

not reflect the nation it serves. For instance, women are 51% of the American 

population. Yet even with a record number of women serving in the One Hundred Sixteenth Congress, the Pew Research Center notes that more than three 

out of four Members of this Congress are male. The Center for American 

Women And Politics found that one third of women legislators surveyed had 

been actively discouraged from running for office, often by political professionals. This type of discouragement, combined with the prohibitions on using 

campaign funds for domestic needs like childcare, burdens that still fall disproportionately on American women, particularly disadvantages working mothers. These barriers may explain why only 10 women in history have given birth 

while serving in Congress, in spite of the prevalence of working parents in other 

professions. Yet working mothers and fathers are best positioned to create policy that reflects the lived experience of most Americans. 

(c) PURPOSE.—It is the purpose of this subtitle to ensure that all Americans who 

are otherwise qualified to serve this Nation are able to run for office, regardless of 

their economic status. By expanding permissible uses of campaign funds and providing modest assurance that testing a run for office will not cost one’s livelihood, 

the Help America Run Act will facilitate the candidacy of representatives who more 

accurately reflect the experiences, challenges, and ideals of everyday Americans. 

SEC. 5302. TREATMENT OF PAYMENTS FOR CHILD CARE AND OTHER PERSONAL USE SERVICES AS AUTHORIZED CAMPAIGN EXPENDITURE. 

(a) PERSONAL USE SERVICES AS AUTHORIZED CAMPAIGN EXPENDITURES.—Section 

313 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30114), as amended 

by section 5113, is amended by adding at the end the following new subsection: 

‘‘(e) TREATMENT OF PAYMENTS FOR CHILD CARE AND OTHER PERSONAL USE SERVICES AS AUTHORIZED CAMPAIGN EXPENDITURE.— 

‘‘(1) AUTHORIZED EXPENDITURES.—For purposes of subsection (a), the payment 

by an authorized committee of a candidate for any of the personal use services 

described in paragraph (3) shall be treated as an authorized expenditure if the 

services are necessary to enable the participation of the candidate in campaignconnected activities. 

‘‘(2) LIMITATIONS.— 

‘‘(A) LIMIT ON TOTAL AMOUNT OF PAYMENTS.—The total amount of payments made by an authorized committee of a candidate for personal use 

services described in paragraph (3) may not exceed the limit which is applicable under any law, rule, or regulation on the amount of payments which 

may be made by the committee for the salary of the candidate (without regard to whether or not the committee makes payments to the candidate for 

that purpose). 

‘‘(B) CORRESPONDING REDUCTION IN AMOUNT OF SALARY PAID TO CANDIDATE.—To the extent that an authorized committee of a candidate makes 

payments for the salary of the candidate, any limit on the amount of such 

payments which is applicable under any law, rule, or regulation shall be 

reduced by the amount of any payments made to or on behalf of the candidate for personal use services described in paragraph (3), other than personal use services described in subparagraph (E) of such paragraph. 

‘‘(C) EXCLUSION OF CANDIDATES WHO ARE OFFICEHOLDERS.—Paragraph (1) 

does not apply with respect to an authorized committee of a candidate who 

is a holder of Federal office. 

‘‘(3) PERSONAL USE SERVICES DESCRIBED.—The personal use services described 

in this paragraph are as follows: 

‘‘(A) Child care services. 

‘‘(B) Elder care services. 

‘‘(C) Services similar to the services described in subparagraph (A) or subparagraph (B) which are provided on behalf of any dependent who is a 

qualifying relative under section 152 of the Internal Revenue Code of 1986. 

‘‘(D) Dues, fees, and other expenses required to maintain an license or 

similar requirement related to an individual’s profession. 

‘‘(E) Costs associated with health insurance coverage.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section shall take effect on 

the date of the enactment of this Act. 


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Subtitle E—Severability 

SEC. 5401. SEVERABILITY. 

If any provision of this title or amendment made by this title, or the application 

of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not 

be affected by the holding. 

TITLE VI—CAMPAIGN FINANCE OVERSIGHT 

Subtitle A—Restoring Integrity to America’s Elections 

Sec. 6001. Short title. 

Sec. 6002. Membership of Federal Election Commission. 

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

Sec. 6004. Revision to enforcement process. 

Sec. 6005. Permitting appearance at hearings on requests for advisory opinions by persons opposing the requests. 

Sec. 6006. Permanent extension of administrative penalty authority. 

Sec. 6007. Restrictions on ex parte communications. 

Sec. 6008. 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—Severability 

Sec. 6201. Severability. 

Subtitle A—Restoring Integrity to America’s 

Elections 

SEC. 6001. SHORT TITLE. 

This subtitle may be cited as the ‘‘Restoring Integrity to America’s Elections Act’’. 

SEC. 6002. MEMBERSHIP OF FEDERAL ELECTION COMMISSION. 

(a) REDUCTION IN NUMBER OF MEMBERS; REMOVAL OF SECRETARY OF SENATE AND

CLERK OF HOUSE AS EX OFFICIO MEMBERS.— 

(1) IN GENERAL; QUORUM.—Section 306(a)(1) of the Federal Election Campaign 

Act of 1971 (52 U.S.C. 30106(a)(1)) is amended by striking the second and third 

sentences and inserting the following: ‘‘The Commission is composed of 5 members appointed by the President by and with the advice and consent of the Senate, of whom no more than 2 may be affiliated with the same political party. 

A member shall by treated as affiliated with a political party if the member was 

affiliated, including as a registered voter, employee, consultant, donor, officer, 

or attorney, with such political party or any of its candidates or elected public 

officials at any time during the 5-year period ending on the date on which such 

individual is nominated to be a member of the Commission. A majority of the 

number of members of the Commission who are serving at the time shall constitute a quorum, except that 3 members shall constitute a quorum if there are 

4 members serving at the time.’’. 

(2) CONFORMING AMENDMENTS RELATING TO REDUCTION IN NUMBER OF MEMBERS.—(A) The second sentence of section 306(c) of such Act (52 U.S.C. 

30106(c)) is amended by striking ‘‘affirmative vote of 4 members of the Commission’’ and inserting ‘‘affirmative vote of a majority of the members of the Commission who are serving at the time’’. 

(B) Such Act is further amended by striking ‘‘affirmative vote of 4 of its members’’ and inserting ‘‘affirmative vote of a majority of the members of the Commission who are serving at the time’’ each place it appears in the following sections: 

(i) Section 309(a)(2) (52 U.S.C. 30109(a)(2)). 

(ii) Section 309(a)(4)(A)(i) (52 U.S.C. 30109(a)(4)(A)(i)). 

(iii) Section 309(a)(5)(C) (52 U.S.C. 30109(a)(5)(C)). 

(iv) Section 309(a)(6)(A) (52 U.S.C. 30109(a)(6)(A)). 

(v) Section 311(b) (52 U.S.C. 30111(b)). 

(3) CONFORMING AMENDMENT RELATING TO REMOVAL OF EX OFFICIO MEMBERS.—Section 306(a) of such Act (52 U.S.C. 30106(a)) is amended by striking 


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‘‘(other than the Secretary of the Senate and the Clerk of the House of Representatives)’’ each place it appears in paragraphs (4) and (5). 

(b) TERMS OF SERVICE.—Section 306(a)(2) of such Act (52 U.S.C. 30106(a)(2)) is 

amended to read as follows: 

‘‘(2) TERMS OF SERVICE.— 

‘‘(A) IN GENERAL.—Each member of the Commission shall serve for a single term of 6 years. 

‘‘(B) SPECIAL RULE FOR INITIAL APPOINTMENTS.—Of the members first appointed to serve terms that begin in January 2022, the President shall designate 2 to serve for a 3-year term. 

‘‘(C) NO REAPPOINTMENT PERMITTED.—An individual who served a term as 

a member of the Commission may not serve for an additional term, except 

that— 

‘‘(i) an individual who served a 3-year term under subparagraph (B) 

may also be appointed to serve a 6-year term under subparagraph (A); 

and 

‘‘(ii) for purposes of this subparagraph, an individual who is appointed to fill a vacancy under subparagraph (D) shall not be considered to have served a term if the portion of the unexpired term the individual fills is less than 50 percent of the period of the term. 

‘‘(D) VACANCIES.—Any vacancy occurring in the membership of the Commission shall be filled in the same manner as in the case of the original 

appointment. Except as provided in subparagraph (C), an individual appointed to fill a vacancy occurring other than by the expiration of a term 

of office shall be appointed only for the unexpired term of the member he 

or she succeeds. 

‘‘(E) LIMITATION ON SERVICE AFTER EXPIRATION OF TERM.—A member of 

the Commission may continue to serve on the Commission after the expiration of the member’s term for an additional period, but only until the earlier of— 

‘‘(i) the date on which the member’s successor has taken office as a 

member of the Commission; or 

‘‘(ii) the expiration of the 1-year period that begins on the last day 

of the member’s term.’’. 

(c) QUALIFICATIONS.—Section 306(a)(3) of such Act (52 U.S.C. 30106(a)(3)) is 

amended to read as follows: 

‘‘(3) QUALIFICATIONS.— 

‘‘(A) IN GENERAL.—The President may select an individual for service as 

a member of the Commission if the individual has experience in election 

law and has a demonstrated record of integrity, impartiality, and good judgment. 

‘‘(B) ASSISTANCE OF BLUE RIBBON ADVISORY PANEL.— 

‘‘(i) IN GENERAL.—Prior to the regularly scheduled expiration of the 

term of a member of the Commission and upon the occurrence of a vacancy in the membership of the Commission prior to the expiration of 

a term, the President shall convene a Blue Ribbon Advisory Panel, consisting of an odd number of individuals selected by the President from 

retired Federal judges, former law enforcement officials, or individuals 

with experience in election law, except that the President may not select any individual to serve on the panel who holds any public office 

at the time of selection. 

‘‘(ii) RECOMMENDATIONS.—With respect to each member of the Commission whose term is expiring or each vacancy in the membership of 

the Commission (as the case may be), the Blue Ribbon Advisory Panel 

shall recommend to the President at least one but not more than 3 individuals for nomination for appointment as a member of the Commission. 

‘‘(iii) PUBLICATION.—At the time the President submits to the Senate 

the nominations for individuals to be appointed as members of the 

Commission, the President shall publish the Blue Ribbon Advisory Panel’s recommendations for such nominations. 

‘‘(iv) EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to a Blue 

Ribbon Advisory Panel convened under this subparagraph. 

‘‘(C) PROHIBITING ENGAGEMENT WITH OTHER BUSINESS OR EMPLOYMENT

DURING SERVICE.—A member of the Commission shall not engage in any 

other business, vocation, or employment. Any individual who is engaging in 

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pointment to the Commission shall terminate or liquidate such activity no 

later than 90 days after such appointment.’’. 

SEC. 6003. ASSIGNMENT OF POWERS TO CHAIR OF FEDERAL ELECTION COMMISSION. 

(a) APPOINTMENT OF CHAIR BY PRESIDENT.— 

(1) IN GENERAL.—Section 306(a)(5) of the Federal Election Campaign Act of 

1971 (52 U.S.C. 30106(a)(5)) is amended to read as follows: 

‘‘(5) CHAIR.— 

‘‘(A) INITIAL APPOINTMENT.—Of the members first appointed to serve 

terms that begin in January 2022, one such member (as designated by the 

President at the time the President submits nominations to the Senate) 

shall serve as Chair of the Commission. 

‘‘(B) SUBSEQUENT APPOINTMENTS.—Any individual who is appointed to 

succeed the member who serves as Chair of the Commission for the term 

beginning in January 2022 (as well as any individual who is appointed to 

fill a vacancy if such member does not serve a full term as Chair) shall 

serve as Chair of the Commission. 

‘‘(C) VICE CHAIR.—The Commission shall select, by majority vote of its 

members, one of its members to serve as Vice Chair, who shall act as Chair 

in the absence or disability of the Chair or in the event of a vacancy in the 

position of Chair.’’. 

(2) CONFORMING AMENDMENT.—Section 309(a)(2) of such Act (52 U.S.C. 

30109(a)(2)) is amended by striking ‘‘through its chairman or vice chairman’’ 

and inserting ‘‘through the Chair’’. 

(b) POWERS.— 

(1) ASSIGNMENT OF CERTAIN POWERS TO CHAIR.—Section 307(a) of such Act (52 

U.S.C. 30107(a)) is amended to read as follows: 

‘‘(a) DISTRIBUTION OF POWERS BETWEEN CHAIR AND COMMISSION.— 

‘‘(1) POWERS ASSIGNED TO CHAIR.— 

‘‘(A) ADMINISTRATIVE POWERS.—The Chair of the Commission shall be the 

chief administrative officer of the Commission and shall have the authority 

to administer the Commission and its staff, and (in consultation with the 

other members of the Commission) shall have the power— 

‘‘(i) to appoint and remove the staff director of the Commission; 

‘‘(ii) to request the assistance (including personnel and facilities) of 

other agencies and departments of the United States, whose heads may 

make such assistance available to the Commission with or without reimbursement; and 

‘‘(iii) to prepare and establish the budget of the Commission and to 

make budget requests to the President, the Director of the Office of 

Management and Budget, and Congress. 

‘‘(B) OTHER POWERS.—The Chair of the Commission shall have the 

power— 

‘‘(i) to appoint and remove the general counsel of the Commission 

with the concurrence of at least 2 other members of the Commission; 

‘‘(ii) to require by special or general orders, any person to submit, 

under oath, such written reports and answers to questions as the Chair 

may prescribe; 

‘‘(iii) to administer oaths or affirmations; 

‘‘(iv) to require by subpoena, signed by the Chair, the attendance and 

testimony of witnesses and the production of all documentary evidence 

relating to the execution of its duties; 

‘‘(v) in any proceeding or investigation, to order testimony to be taken 

by deposition before any person who is designated by the Chair, and 

shall have the power to administer oaths and, in such instances, to 

compel testimony and the production of evidence in the same manner 

as authorized under clause (iv); and 

‘‘(vi) to pay witnesses the same fees and mileage as are paid in like 

circumstances in the courts of the United States. 

‘‘(2) POWERS ASSIGNED TO COMMISSION.—The Commission shall have the 

power— 

‘‘(A) to initiate (through civil actions for injunctive, declaratory, or other 

appropriate relief), defend (in the case of any civil action brought under section 309(a)(8) of this Act) or appeal (including a proceeding before the Supreme Court on certiorari) any civil action in the name of the Commission 

to enforce the provisions of this Act and chapter 95 and chapter 96 of the 

Internal Revenue Code of 1986, through its general counsel; 

‘‘(B) to render advisory opinions under section 308 of this Act; 


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‘‘(C) to develop such prescribed forms and to make, amend, and repeal 

such rules, pursuant to the provisions of chapter 5 of title 5, United States 

Code, as are necessary to carry out the provisions of this Act and chapter 

95 and chapter 96 of the Internal Revenue Code of 1986; 

‘‘(D) to conduct investigations and hearings expeditiously, to encourage 

voluntary compliance, and to report apparent violations to the appropriate 

law enforcement authorities; and 

‘‘(E) to transmit to the President and Congress not later than June 1 of 

each year a report which states in detail the activities of the Commission 

in carrying out its duties under this Act, and which includes any recommendations for any legislative or other action the Commission considers 

appropriate. 

‘‘(3) PERMITTING COMMISSION TO EXERCISE OTHER POWERS OF CHAIR.—With respect to any investigation, action, or proceeding, the Commission, by an affirmative vote of a majority of the members who are serving at the time, may exercise any of the powers of the Chair described in paragraph (1)(B).’’. 

(2) CONFORMING AMENDMENTS RELATING TO PERSONNEL AUTHORITY.—Section 

306(f) of such Act (52 U.S.C. 30106(f)) is amended— 

(A) by amending the first sentence of paragraph (1) to read as follows: 

‘‘The Commission shall have a staff director who shall be appointed by the 

Chair of the Commission in consultation with the other members and a 

general counsel who shall be appointed by the Chair with the concurrence 

of at least two other members.’’; 

(B) in paragraph (2), by striking ‘‘With the approval of the Commission’’ 

and inserting ‘‘With the approval of the Chair of the Commission’’; and 

(C) by striking paragraph (3). 

(3) CONFORMING AMENDMENT RELATING TO BUDGET SUBMISSION.—Section 

307(d)(1) of such Act (52 U.S.C. 30107(d)(1)) is amended by striking ‘‘the Commission submits any budget’’ and inserting ‘‘the Chair (or, pursuant to subsection (a)(3), the Commission) submits any budget’’. 

(4) OTHER CONFORMING AMENDMENTS.—Section 306(c) of such Act (52 U.S.C. 

30106(c)) is amended by striking ‘‘All decisions’’ and inserting ‘‘Subject to section 307(a), all decisions’’. 

(5) TECHNICAL AMENDMENT.—The heading of section 307 of such Act (52 

U.S.C. 30107) is amended by striking ‘‘THE COMMISSION’’ and inserting ‘‘THE

CHAIR AND THE COMMISSION’’. 

SEC. 6004. REVISION TO ENFORCEMENT PROCESS. 

(a) STANDARD FOR INITIATING INVESTIGATIONS AND DETERMINING WHETHER VIOLATIONS HAVE OCCURRED.— 

(1) REVISION OF STANDARDS.—Section 309(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended by striking paragraphs (2) 

and (3) and inserting the following: 

‘‘(2)(A) The general counsel, upon receiving a complaint filed with the Commission 

under paragraph (1) or upon the basis of information ascertained by the Commission in the normal course of carrying out its supervisory responsibilities, shall make 

a determination as to whether or not there is reason to believe that a person has 

committed, or is about to commit, a violation of this Act or chapter 95 or chapter 

96 of the Internal Revenue Code of 1986, and as to whether or not the Commission 

should either initiate an investigation of the matter or that the complaint should 

be dismissed. The general counsel shall promptly provide notification to the Commission of such determination and the reasons therefore, together with any written 

response submitted under paragraph (1) by the person alleged to have committed 

the violation. Upon the expiration of the 30-day period which begins on the date the 

general counsel provides such notification, the general counsel’s determination shall 

take effect, unless during such 30-day period the Commission, by vote of a majority 

of the members of the Commission who are serving at the time, overrules the general counsel’s determination. If the determination by the general counsel that the 

Commission should investigate the matter takes effect, or if the determination by 

the general counsel that the complaint should be dismissed is overruled as provided 

under the previous sentence, the general counsel shall initiate an investigation of 

the matter on behalf of the Commission. 

‘‘(B) If the Commission initiates an investigation pursuant to subparagraph (A), 

the Commission, through the Chair, shall notify the subject of the investigation of 

the alleged violation. Such notification shall set forth the factual basis for such alleged violation. The Commission shall make an investigation of such alleged violation, which may include a field investigation or audit, in accordance with the provisions of this section. The general counsel shall provide notification to the Commission of any intent to issue a subpoena or conduct any other form of discovery pursuVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00114 Fmt 6659 Sfmt 6621 E:\HR\OC\HR015P1.XXX HR015P1

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ant to the investigation. Upon the expiration of the 15-day period which begins on 

the date the general counsel provides such notification, the general counsel may 

issue the subpoena or conduct the discovery, unless during such 15-day period the 

Commission, by vote of a majority of the members of the Commission who are serving at the time, prohibits the general counsel from issuing the subpoena or conducting the discovery. 

‘‘(3)(A) Upon completion of an investigation under paragraph (2), the general 

counsel shall promptly submit to the Commission the general counsel’s recommendation that the Commission find either that there is probable cause or that 

there is not probable cause to believe that a person has committed, or is about to 

commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue 

Code of 1986, and shall include with the recommendation a brief stating the position 

of the general counsel on the legal and factual issues of the case. 

‘‘(B) At the time the general counsel submits to the Commission the recommendation under subparagraph (A), the general counsel shall simultaneously notify the respondent of such recommendation and the reasons therefore, shall provide the respondent with an opportunity to submit a brief within 30 days stating the position 

of the respondent on the legal and factual issues of the case and replying to the 

brief of the general counsel. The general counsel and shall promptly submit such 

brief to the Commission upon receipt. 

‘‘(C) Not later than 30 days after the general counsel submits the recommendation 

to the Commission under subparagraph (A) (or, if the respondent submits a brief 

under subparagraph (B), not later than 30 days after the general counsel submits 

the respondent’s brief to the Commission under such subparagraph), the Commission shall approve or disapprove the recommendation by vote of a majority of the 

members of the Commission who are serving at the time.’’. 

(2) CONFORMING AMENDMENT RELATING TO INITIAL RESPONSE TO FILING OF

COMPLAINT.—Section 309(a)(1) of such Act (52 U.S.C. 30109(a)(1)) is amended— 

(A) in the third sentence, by striking ‘‘the Commission’’ and inserting ‘‘the 

general counsel’’; and 

(B) by amending the fourth sentence to read as follows: ‘‘Not later than 

15 days after receiving notice from the general counsel under the previous 

sentence, the person may provide the general counsel with a written response that no action should be taken against such person on the basis of 

the complaint.’’. 

(b) REVISION OF STANDARD FOR REVIEW OF DISMISSAL OF COMPLAINTS.— 

(1) IN GENERAL.—Section 309(a)(8) of such Act (52 U.S.C. 30109(a)(8)) is 

amended to read as follows: 

‘‘(8)(A)(i) Any party aggrieved by an order of the Commission dismissing a complaint filed by such party after finding either no reason to believe a violation has 

occurred or no probable cause a violation has occurred may file a petition with the 

United States District Court for the District of Columbia. Any petition under this 

subparagraph shall be filed within 60 days after the date on which the party received notice of the dismissal of the complaint. 

‘‘(ii) In any proceeding under this subparagraph, the court shall determine by de 

novo review whether the agency’s dismissal of the complaint is contrary to law. In 

any matter in which the penalty for the alleged violation is greater than $50,000, 

the court should disregard any claim or defense by the Commission of prosecutorial 

discretion as a basis for dismissing the complaint. 

‘‘(B)(i) Any party who has filed a complaint with the Commission and who is aggrieved by a failure of the Commission, within one year after the filing of the complaint, to either dismiss the complaint or to find reason to believe a violation has 

occurred or is about to occur, may file a petition with the United States District 

Court for the District of Columbia. 

‘‘(ii) In any proceeding under this subparagraph, the court shall treat the failure 

to act on the complaint as a dismissal of the complaint, and shall determine by de 

novo review whether the agency’s failure to act on the complaint is contrary to law. 

‘‘(C) In any proceeding under this paragraph the court may declare that the dismissal of the complaint or the failure to act is contrary to law, and may direct the 

Commission to conform with such declaration within 30 days, failing which the complainant may bring, in the name of such complainant, a civil action to remedy the 

violation involved in the original complaint.’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall apply— 

(A) in the case of complaints which are dismissed by the Federal Election 

Commission, with respect to complaints which are dismissed on or after the 

date of the enactment of this Act; and 

(B) in the case of complaints upon which the Federal Election Commission failed to act, with respect to complaints which were filed on or after 

the date of the enactment of this Act. 


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SEC. 6005. PERMITTING APPEARANCE AT HEARINGS ON REQUESTS FOR ADVISORY OPINIONS 

BY PERSONS OPPOSING THE REQUESTS. 

(a) IN GENERAL.—Section 308 of such Act (52 U.S.C. 30108) is amended by adding 

at the end the following new subsection: 

‘‘(e) To the extent that the Commission provides an opportunity for a person requesting an advisory opinion under this section (or counsel for such person) to appear before the Commission to present testimony in support of the request, and the 

person (or counsel) accepts such opportunity, the Commission shall provide a reasonable opportunity for an interested party who submitted written comments under 

subsection (d) in response to the request (or counsel for such interested party) to 

appear before the Commission to present testimony in response to the request.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with 

respect to requests for advisory opinions under section 308 of the Federal Election 

Campaign Act of 1971 which are made on or after the date of the enactment of this 

Act. 

SEC. 6006. PERMANENT EXTENSION OF ADMINISTRATIVE PENALTY AUTHORITY. 

(a) EXTENSION OF AUTHORITY.—Section 309(a)(4)(C)(v) of the Federal Election 

Campaign Act of 1971 (52 U.S.C. 30109(a)(4)(C)(v)) is amended by striking ‘‘, and 

that end on or before December 31, 2023’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on 

December 31, 2018. 

SEC. 6007. RESTRICTIONS ON EX PARTE COMMUNICATIONS. 

Section 306(e) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30106(e)) 

is amended— 

(1) by striking ‘‘(e) The Commission’’ and inserting ‘‘(e)(1) The Commission’’; 

and 

(2) by adding at the end the following new paragraph: 

‘‘(2) Members and employees of the Commission shall be subject to limitations on 

ex parte communications, as provided in the regulations promulgated by the Commission regarding such communications which are in effect on the date of the enactment of this paragraph.’’. 

SEC. 6008. EFFECTIVE DATE; TRANSITION. 

(a) IN GENERAL.—Except as otherwise provided, the amendments made by this 

subtitle shall apply beginning January 1, 2022. 

(b) TRANSITION.— 

(1) TERMINATION OF SERVICE OF CURRENT MEMBERS.—Notwithstanding any 

provision of the Federal Election Campaign Act of 1971, the term of any individual serving as a member of the Federal Election Commission as of December 

31, 2021, shall expire on that date. 

(2) NO EFFECT ON EXISTING CASES OR PROCEEDINGS.—Nothing in this subtitle 

or in any amendment made by this subtitle shall affect any of the powers exercised by the Federal Election Commission prior to December 31, 2021, including 

any investigation initiated by the Commission prior to such date or any proceeding (including any enforcement action) pending as of such date. 

Subtitle B—Stopping Super PAC-Candidate 

Coordination 

SEC. 6101. SHORT TITLE. 

This subtitle may be cited as the ‘‘Stop Super PAC–Candidate Coordination Act’’. 

SEC. 6102. CLARIFICATION OF TREATMENT OF COORDINATED EXPENDITURES AS CONTRIBUTIONS TO CANDIDATES. 

(a) TREATMENT AS CONTRIBUTION TO CANDIDATE.—Section 301(8)(A) of the Federal 

Election Campaign Act of 1971 (52 U.S.C. 30101(8)(A)) is amended— 

(1) by striking ‘‘or’’ at the end of clause (i); 

(2) by striking the period at the end of clause (ii) and inserting ‘‘; or’’; and 

(3) by adding at the end the following new clause: 

‘‘(iii) any payment made by any person (other than a candidate, an authorized committee of a candidate, or a political committee of a political 

party) for a coordinated expenditure (as such term is defined in section 326) 

which is not otherwise treated as a contribution under clause (i) or clause 

(ii).’’. 

(b) DEFINITIONS.—Title III of such Act (52 U.S.C. 30101 et seq.), as amended by 

section 4702(a), is amended by adding at the end the following new section: 


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‘‘SEC. 326. PAYMENTS FOR COORDINATED EXPENDITURES. 

‘‘(a) COORDINATED EXPENDITURES.— ‘‘(1) IN GENERAL.—For purposes of section 301(8)(A)(iii), the term ‘coordinated 

expenditure’ means— 

‘‘(A) any expenditure, or any payment for a covered communication described in subsection (d), which is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized 

committee of a candidate, a political committee of a political party, or 

agents of the candidate or committee, as defined in subsection (b); or 

‘‘(B) any payment for any communication which republishes, disseminates, or distributes, in whole or in part, any video or broadcast or any 

written, graphic, or other form of campaign material prepared by the candidate or committee or by agents of the candidate or committee (including 

any excerpt or use of any video from any such broadcast or written, graphic, 

or other form of campaign material). 

‘‘(2) EXCEPTION FOR PAYMENTS FOR CERTAIN COMMUNICATIONS.—A payment 

for a communication (including a covered communication described in subsection (d)) shall not be treated as a coordinated expenditure under this subsection if— 

‘‘(A) the communication appears in a news story, commentary, or editorial 

distributed through the facilities of any broadcasting station, newspaper, 

magazine, or other periodical publication, unless such facilities are owned 

or controlled by any political party, political committee, or candidate; or 

‘‘(B) the communication constitutes a candidate debate or forum conducted pursuant to regulations adopted by the Commission pursuant to section 304(f)(3)(B)(iii), or which solely promotes such a debate or forum and 

is made by or on behalf of the person sponsoring the debate or forum. 

‘‘(b) COORDINATION DESCRIBED.— 

‘‘(1) IN GENERAL.—For purposes of this section, a payment is made ‘in cooperation, consultation, or concert with, or at the request or suggestion of,’ a 

candidate, an authorized committee of a candidate, a political committee of a 

political party, or agents of the candidate or committee, if the payment, or any 

communication for which the payment is made, is not made entirely independently of the candidate, committee, or agents. For purposes of the previous sentence, a payment or communication not made entirely independently of the candidate or committee includes any payment or communication made pursuant to 

any general or particular understanding with, or pursuant to any communication with, the candidate, committee, or agents about the payment or communication. 

‘‘(2) NO FINDING OF COORDINATION BASED SOLELY ON SHARING OF INFORMATION

REGARDING LEGISLATIVE OR POLICY POSITION.—For purposes of this section, a 

payment shall not be considered to be made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, solely on the grounds that the person or the person’s agent engaged in 

discussions with the candidate or committee, or with any agent of the candidate 

or committee, regarding that person’s position on a legislative or policy matter 

(including urging the candidate or committee to adopt that person’s position), 

so long as there is no communication between the person and the candidate or 

committee, or any agent of the candidate or committee, regarding the candidate’s or committee’s campaign advertising, message, strategy, policy, polling, 

allocation of resources, fundraising, or other campaign activities. 

‘‘(3) NO EFFECT ON PARTY COORDINATION STANDARD.—Nothing in this section 

shall be construed to affect the determination of coordination between a candidate and a political committee of a political party for purposes of section 

315(d). 

‘‘(4) NO SAFE HARBOR FOR USE OF FIREWALL.—A person shall be determined 

to have made a payment in cooperation, consultation, or concert with, or at the 

request or suggestion of, a candidate or committee, in accordance with this section without regard to whether or not the person established and used a firewall 

or similar procedures to restrict the sharing of information between individuals 

who are employed by or who are serving as agents for the person making the 

payment. 

‘‘(c) PAYMENTS BY COORDINATED SPENDERS FOR COVERED COMMUNICATIONS.— 

‘‘(1) PAYMENTS MADE IN COOPERATION, CONSULTATION, OR CONCERT WITH CANDIDATES.—For purposes of subsection (a)(1)(A), if the person who makes a payment for a covered communication, as defined in subsection (d), is a coordinated 

spender under paragraph (2) with respect to the candidate as described in subsection (d)(1), the payment for the covered communication is made in cooperation, consultation, or concert with the candidate. 


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‘‘(2) COORDINATED SPENDER DEFINED.—For purposes of this subsection, the 

term ‘coordinated spender’ means, with respect to a candidate or an authorized 

committee of a candidate, a person (other than a political committee of a political party) for which any of the following applies: 

‘‘(A) During the 4-year period ending on the date on which the person 

makes the payment, the person was directly or indirectly formed or established by or at the request or suggestion of, or with the encouragement of, 

the candidate (including an individual who later becomes a candidate) or 

committee or agents of the candidate or committee, including with the approval of the candidate or committee or agents of the candidate or committee. 

‘‘(B) The candidate or committee or any agent of the candidate or committee solicits funds, appears at a fundraising event, or engages in other 

fundraising activity on the person’s behalf during the election cycle involved, including by providing the person with names of potential donors 

or other lists to be used by the person in engaging in fundraising activity, 

regardless of whether the person pays fair market value for the names or 

lists provided. For purposes of this subparagraph, the term ‘election cycle’ 

means, with respect to an election for Federal office, the period beginning 

on the day after the date of the most recent general election for that office 

(or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the 

runoff election). 

‘‘(C) The person is established, directed, or managed by the candidate or 

committee or by any person who, during the 4-year period ending on the 

date on which the person makes the payment, has been employed or retained as a political, campaign media, or fundraising adviser or consultant 

for the candidate or committee or for any other entity directly or indirectly 

controlled by the candidate or committee, or has held a formal position with 

the candidate or committee (including a position as an employee of the office of the candidate at any time the candidate held any Federal, State, or 

local public office during the 4-year period). 

‘‘(D) The person has retained the professional services of any person who, 

during the 2-year period ending on the date on which the person makes the 

payment, has provided or is providing professional services relating to the 

campaign to the candidate or committee, without regard to whether the 

person providing the professional services used a firewall. For purposes of 

this subparagraph, the term ‘professional services’ includes any services in 

support of the candidate’s or committee’s campaign activities, including advertising, message, strategy, policy, polling, allocation of resources, fundraising, and campaign operations, but does not include accounting or legal 

services. 

‘‘(E) The person is established, directed, or managed by a member of the 

immediate family of the candidate, or the person or any officer or agent of 

the person has had more than incidental discussions about the candidate’s 

campaign with a member of the immediate family of the candidate. For 

purposes of this subparagraph, the term ‘immediate family’ has the meaning given such term in section 9004(e) of the Internal Revenue Code of 

1986. 

‘‘(d) COVERED COMMUNICATION DEFINED.— 

‘‘(1) IN GENERAL.—For purposes of this section, the term ‘covered communication’ means, with respect to a candidate or an authorized committee of a candidate, a public communication (as defined in section 301(22)) which— 

‘‘(A) expressly advocates the election of the candidate or the defeat of an 

opponent of the candidate (or contains the functional equivalent of express 

advocacy); 

‘‘(B) promotes or supports the election of the candidate, or attacks or opposes the election of an opponent of the candidate (regardless of whether 

the communication expressly advocates the election or defeat of a candidate 

or contains the functional equivalent of express advocacy); or 

‘‘(C) refers to the candidate or an opponent of the candidate but is not 

described in subparagraph (A) or subparagraph (B), but only if the communication is disseminated during the applicable election period. 

‘‘(2) APPLICABLE ELECTION PERIOD.—In paragraph (1)(C), the ‘applicable election period’ with respect to a communication means— 

‘‘(A) in the case of a communication which refers to a candidate in a general, special, or runoff election, the 120-day period which ends on the date 

of the election; or 


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‘‘(B) in the case of a communication which refers to a candidate in a primary or preference election, or convention or caucus of a political party that 

has authority to nominate a candidate, the 60-day period which ends on the 

date of the election or convention or caucus. 

‘‘(3) SPECIAL RULES FOR COMMUNICATIONS INVOLVING CONGRESSIONAL CANDIDATES.—For purposes of this subsection, a public communication shall not be 

considered to be a covered communication with respect to a candidate for election for an office other than the office of President or Vice President unless it 

is publicly disseminated or distributed in the jurisdiction of the office the candidate is seeking. 

‘‘(e) PENALTY.— 

‘‘(1) DETERMINATION OF AMOUNT.—Any person who knowingly and willfully 

commits a violation of this Act by making a contribution which consists of a 

payment for a coordinated expenditure shall be fined an amount equal to the 

greater of— 

‘‘(A) in the case of a person who makes a contribution which consists of 

a payment for a coordinated expenditure in an amount exceeding the applicable contribution limit under this Act, 300 percent of the amount by which 

the amount of the payment made by the person exceeds such applicable 

contribution limit; or 

‘‘(B) in the case of a person who is prohibited under this Act from making 

a contribution in any amount, 300 percent of the amount of the payment 

made by the person for the coordinated expenditure. 

‘‘(2) JOINT AND SEVERAL LIABILITY.—Any director, manager, or officer of a person who is subject to a penalty under paragraph (1) shall be jointly and severally liable for any amount of such penalty that is not paid by the person prior 

to the expiration of the 1-year period which begins on the date the Commission 

imposes the penalty or the 1-year period which begins on the date of the final 

judgment following any judicial review of the Commission’s action, whichever 

is later.’’. 

(c) EFFECTIVE DATE.— 

(1) REPEAL OF EXISTING REGULATIONS ON COORDINATION.—Effective upon the 

expiration of the 90-day period which begins on the date of the enactment of 

this Act— 

(A) the regulations on coordinated communications adopted by the Federal Election Commission which are in effect on the date of the enactment 

of this Act (as set forth in 11 CFR Part 109, Subpart C, under the heading 

‘‘Coordination’’) are repealed; and 

(B) the Federal Election Commission shall promulgate new regulations on 

coordinated communications which reflect the amendments made by this 

Act. 

(2) EFFECTIVE DATE.—The amendments made by this section shall apply with 

respect to payments made on or after the expiration of the 120-day period which 

begins on the date of the enactment of this Act, without regard to whether or 

not the Federal Election Commission has promulgated regulations in accordance 

with paragraph (1)(B) as of the expiration of such period. 

SEC. 6103. CLARIFICATION OF BAN ON FUNDRAISING FOR SUPER PACS BY FEDERAL CANDIDATES AND OFFICEHOLDERS. 

(a) IN GENERAL.—Section 323(e)(1) of the Federal Election Campaign Act of 1971 

(52 U.S.C. 30125(e)(1)) is amended— 

(1) by striking ‘‘or’’ at the end of subparagraph (A); 

(2) by striking the period at the end of subparagraph (B) and inserting ‘‘; or’’; 

and 

(3) by adding at the end the following new subparagraph: 

‘‘(C) solicit, receive, direct, or transfer funds to or on behalf of any political committee which accepts donations or contributions that do not comply 

with the limitations, prohibitions, and reporting requirements of this Act 

(or to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions), or to 

or on behalf of any political organization under section 527 of the Internal 

Revenue Code of 1986 which accepts such donations or contributions (other 

than a committee of a State or local political party or a candidate for election for State or local office).’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with 

respect to elections occurring after January 1, 2020. 


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Subtitle C—Severability 

SEC. 6201. SEVERABILITY. 

If any provision of this title or amendment made by this title, or the application 

of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not 

be affected by the holding. 

DIVISION C—ETHICS 

TITLE VII—[RESERVED] 

TITLE VIII—[RESERVED] 

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. [Reserved]. 

Sec. 9102. Conflict of interest rules for Members of Congress and congressional staff. 

Sec. 9103. Exercise of rulemaking powers. 

Subtitle C—Campaign Finance and Lobbying Disclosure 

Sec. 9201. Short title. 

Sec. 9202. Requiring disclosure in certain reports filed with Federal Election Commission of persons who are 

registered lobbyists. 

Sec. 9203. Effective date. 

Subtitle D—Access to Congressionally Mandated Reports 

Sec. 9301. Short title. 

Sec. 9302. Definitions. 

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

Sec. 9304. Federal agency responsibilities. 

Sec. 9305. Removing and altering reports. 

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

Sec. 9307. Implementation. 

Subtitle E—Severability 

Sec. 9401. Severability. 

Subtitle A—Requiring Members of Congress to Reimburse Treasury for Amounts Paid as Settlements and Awards Under Congressional Accountability Act of 1995 

SEC. 9001. REQUIRING MEMBERS OF CONGRESS TO REIMBURSE TREASURY FOR AMOUNTS 

PAID AS SETTLEMENTS AND AWARDS UNDER CONGRESSIONAL ACCOUNTABILITY 

ACT OF 1995 IN ALL CASES OF EMPLOYMENT DISCRIMINATION ACTS BY MEMBERS. 

(a) REQUIRING REIMBURSEMENT.—Clause (i) of section 415(d)(1)(C) of the Congressional Accountability Act of 1995 (2 U.S.C. 1415(d)(1)(C)), as amended by section 

111(a) of the Congressional Accountability Act of 1995 Reform Act, is amended to 

read as follows: 

‘‘(i) a violation of section 201(a) or section 206(a); or’’. 

(b) CONFORMING AMENDMENT RELATING TO NOTIFICATION OF POSSIBILITY OF REIMBURSEMENT.—Clause (i) of section 402(b)(2)(B) of the Congressional Accountability 

Act of 1995 (2 U.S.C. 1402(b)(2)(B)), as amended by section 102(a) of the Congressional Accountability Act of 1995 Reform Act, is amended to read as follows: 

‘‘(i) a violation of section 201(a) or section 206(a); or’’. 


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(c) EFFECTIVE DATE.—The amendments made by this section shall take effect as 

if included in the enactment of the Congressional Accountability Act of 1995 Reform 

Act. 

Subtitle B—Conflicts of Interests 

SEC. 9101. [RESERVED]. 

SEC. 9102. CONFLICT OF INTEREST RULES FOR MEMBERS OF CONGRESS AND CONGRESSIONAL STAFF. 

No Member, officer, or employee of a committee or Member of either House of 

Congress may knowingly use his or her official position to introduce or aid the 

progress or passage of legislation, a principal purpose of which is to further only 

his or her pecuniary interest, only the pecuniary interest of his or her immediate 

family, or only the pecuniary interest of a limited class of persons or enterprises, 

when he or she, or his or her immediate family, or enterprises controlled by them, 

are members of the affected class. 

SEC. 9103. EXERCISE OF RULEMAKING POWERS. 

The provisions of this subtitle are enacted by the Congress— 

(1) as an exercise of the rulemaking power of the House of Representatives 

and the Senate, respectively, and as such they shall be considered as part of 

the rules of each House, respectively, or of that House to which they specifically 

apply, and such rules shall supersede other rules only to the extent that they 

are inconsistent therewith; and 

(2) with full recognition of the constitutional right of either House to change 

such rules (so far as relating to such House) at any time, in the same manner, 

and to the same extent as in the case of any other rule of such House. 

Subtitle C—Campaign Finance and Lobbying 

Disclosure 

SEC. 9201. SHORT TITLE. 

This subtitle may be cited as the ‘‘Connecting Lobbyists and Electeds for Accountability and Reform Act’’ or the ‘‘CLEAR Act’’. 

SEC. 9202. REQUIRING DISCLOSURE IN CERTAIN REPORTS FILED WITH FEDERAL ELECTION 

COMMISSION OF PERSONS WHO ARE REGISTERED LOBBYISTS. 

(a) REPORTS FILED BY POLITICAL COMMITTEES.—Section 304(b) of the Federal 

Election Campaign Act of 1971 (52 U.S.C. 30104(b)) is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (7); 

(2) by striking the period at the end of paragraph (8) and inserting ‘‘; and’’; 

and 

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

‘‘(9) if any person identified in subparagraph (A), (E), (F), or (G) of paragraph 

(3) is a registered lobbyist under the Lobbying Disclosure Act of 1995, a separate statement that such person is a registered lobbyist under such Act.’’. 

(b) REPORTS FILED BY PERSONS MAKING INDEPENDENT EXPENDITURES.—Section 

304(c)(2) of such Act (52 U.S.C. 30104(c)(2)) is amended— 

(1) by striking ‘‘and’’ at the end of subparagraph (B); 

(2) by striking the period at the end of subparagraph (C) and inserting ‘‘; 

and’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(D) if the person filing the statement, or a person whose identification is required to be disclosed under subparagraph (C), is a registered lobbyist under 

the Lobbying Disclosure Act of 1995, a separate statement that such person is 

a registered lobbyist under such Act.’’. 

(c) REPORTS FILED BY PERSONS MAKING DISBURSEMENTS FOR ELECTIONEERING

COMMUNICATIONS.—Section 304(f)(2) of such Act (52 U.S.C. 30104(f)(2)) is amended 

by adding at the end the following new subparagraph: 

‘‘(G) If the person making the disbursement, or a contributor described 

in subparagraph (E) or (F), is a registered lobbyist under the Lobbying Disclosure Act of 1995, a separate statement that such person or contributor 

is a registered lobbyist under such Act.’’. 

(d) REQUIRING COMMISSION TO ESTABLISH LINK TO WEBSITES OF CLERK OF HOUSE

AND SECRETARY OF SENATE.—Section 304 of such Act (52 U.S.C. 30104), as amended 

by section 4308(a), is amended by adding at the end the following new subsection: 


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‘‘(k) REQUIRING INFORMATION ON REGISTERED LOBBYISTS TO BE LINKED TO

WEBSITES OF CLERK OF HOUSE AND SECRETARY OF SENATE.— 

‘‘(1) LINKS TO WEBSITES.—The Commission shall ensure that the Commission’s public database containing information described in paragraph (2) is 

linked electronically to the websites maintained by the Secretary of the Senate 

and the Clerk of the House of Representatives containing information filed pursuant to the Lobbying Disclosure Act of 1995. 

‘‘(2) INFORMATION DESCRIBED.—The information described in this paragraph 

is each of the following: 

‘‘(A) Information disclosed under paragraph (9) of subsection (b). 

‘‘(B) Information disclosed under subparagraph (D) of subsection (c)(2). 

‘‘(C) Information disclosed under subparagraph (G) of subsection (f)(2).’’. 

SEC. 9203. EFFECTIVE DATE. 

The amendments made by this subtitle shall apply with respect to reports required to be filed under the Federal Election Campaign Act of 1971 on or after the 

expiration of the 90-day period which begins on the date of the enactment of this 

Act. 

Subtitle D—Access to Congressionally Mandated 

Reports 

SEC. 9301. SHORT TITLE. 

This subtitle may be cited as the ‘‘Access to Congressionally Mandated Reports 

Act’’. 

SEC. 9302. DEFINITIONS. 

In this subtitle: 

(1) CONGRESSIONALLY MANDATED REPORT.—The term ‘‘congressionally mandated report’’— 

(A) means a report that is required to be submitted to either House of 

Congress or any committee of Congress, or subcommittee thereof, by a statute, resolution, or conference report that accompanies legislation enacted 

into law; and 

(B) does not include a report required under part B of subtitle II of title 

36, United States Code. 

(2) DIRECTOR.—The term ‘‘Director’’ means the Director of the Government 

Publishing Office. 

(3) FEDERAL AGENCY.—The term ‘‘Federal agency’’ has the meaning given that 

term under section 102 of title 40, United States Code, but does not include the 

Government Accountability Office. 

(4) OPEN FORMAT.—The term ‘‘open format’’ means a file format for storing 

digital data based on an underlying open standard that— 

(A) is not encumbered by any restrictions that would impede reuse; and 

(B) is based on an underlying open data standard that is maintained by 

a standards organization. 

(5) REPORTS ONLINE PORTAL.—The term ‘‘reports online portal’’ means the online portal established under section (3)(a). 

SEC. 9303. ESTABLISHMENT OF ONLINE PORTAL FOR CONGRESSIONALLY MANDATED REPORTS. 

(a) REQUIREMENT TO ESTABLISH ONLINE PORTAL.— 

(1) IN GENERAL.—Not later than 1 year after the date of enactment of this 

Act, the Director shall establish and maintain an online portal accessible by the 

public that allows the public to obtain electronic copies of all congressionally 

mandated reports in one place. The Director may publish other reports on the 

online portal. 

(2) EXISTING FUNCTIONALITY.—To the extent possible, the Director shall meet 

the requirements under paragraph (1) by using existing online portals and 

functionality under the authority of the Director. 

(3) CONSULTATION.—In carrying out this subtitle, the Director shall consult 

with the Clerk of the House of Representatives, the Secretary of the Senate, and 

the Librarian of Congress regarding the requirements for and maintenance of 

congressionally mandated reports on the reports online portal. 

(b) CONTENT AND FUNCTION.—The Director shall ensure that the reports online 

portal includes the following: 

(1) Subject to subsection (c), with respect to each congressionally mandated 

report, each of the following: 


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(A) A citation to the statute, conference report, or resolution requiring the 

report. 

(B) An electronic copy of the report, including any transmittal letter associated with the report, in an open format that is platform independent and 

that is available to the public without restrictions, including restrictions 

that would impede the re-use of the information in the report. 

(C) The ability to retrieve a report, to the extent practicable, through 

searches based on each, and any combination, of the following: 

(i) The title of the report. 

(ii) The reporting Federal agency. 

(iii) The date of publication. 

(iv) Each congressional committee receiving the report, if applicable. 

(v) The statute, resolution, or conference report requiring the report. 

(vi) Subject tags. 

(vii) A unique alphanumeric identifier for the report that is consistent across report editions. 

(viii) The serial number, Superintendent of Documents number, or 

other identification number for the report, if applicable. 

(ix) Key words. 

(x) Full text search. 

(xi) Any other relevant information specified by the Director. 

(D) The date on which the report was required to be submitted, and on 

which the report was submitted, to the reports online portal. 

(E) Access to the report not later than 30 calendar days after its submission to Congress. 

(F) To the extent practicable, a permanent means of accessing the report 

electronically. 

(2) A means for bulk download of all congressionally mandated reports. 

(3) A means for downloading individual reports as the result of a search. 

(4) An electronic means for the head of each Federal agency to submit to the 

reports online portal each congressionally mandated report of the agency, as required by section 4. 

(5) In tabular form, a list of all congressionally mandated reports that can be 

searched, sorted, and downloaded by— 

(A) reports submitted within the required time; 

(B) reports submitted after the date on which such reports were required 

to be submitted; and 

(C) reports not submitted. 

(c) NONCOMPLIANCE BY FEDERAL AGENCIES.— 

(1) REPORTS NOT SUBMITTED.—If a Federal agency does not submit a congressionally mandated report to the Director, the Director shall to the extent practicable— 

(A) include on the reports online portal— 

(i) the information required under clauses (i), (ii), (iv), and (v) of subsection (b)(1)(C); and 

(ii) the date on which the report was required to be submitted; and 

(B) include the congressionally mandated report on the list described in 

subsection (b)(5)(C). 

(2) REPORTS NOT IN OPEN FORMAT.—If a Federal agency submits a congressionally mandated report that is not in an open format, the Director shall include the congressionally mandated report in another format on the reports online portal. 

(d) FREE ACCESS.—The Director may not charge a fee, require registration, or impose any other limitation in exchange for access to the reports online portal. 

(e) UPGRADE CAPABILITY.—The reports online portal shall be enhanced and updated as necessary to carry out the purposes of this subtitle. 

SEC. 9304. FEDERAL AGENCY RESPONSIBILITIES. 

(a) SUBMISSION OF ELECTRONIC COPIES OF REPORTS.—Concurrently with the submission to Congress of each congressionally mandated report, the head of the Federal agency submitting the congressionally mandated report shall submit to the Director the information required under subparagraphs (A) through (D) of section 

3(b)(1) with respect to the congressionally mandated report. Nothing in this subtitle 

shall relieve a Federal agency of any other requirement to publish the congressionally mandated report on the online portal of the Federal agency or otherwise submit 

the congressionally mandated report to Congress or specific committees of Congress, 

or subcommittees thereof. 


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(b) GUIDANCE.—Not later than 240 days after the date of enactment of this Act, 

the Director of the Office of Management and Budget, in consultation with the Director, shall issue guidance to agencies on the implementation of this Act. 

(c) STRUCTURE OF SUBMITTED REPORT DATA.—The head of each Federal agency 

shall ensure that each congressionally mandated report submitted to the Director 

complies with the open format criteria established by the Director in the guidance 

issued under subsection (b). 

(d) POINT OF CONTACT.—The head of each Federal agency shall designate a point 

of contact for congressionally mandated report. 

(e) LIST OF REPORTS.—As soon as practicable each calendar year (but not later 

than April 1), and on a rolling basis during the year if feasible, the Librarian of 

Congress shall submit to the Director a list of congressionally mandated reports 

from the previous calendar year, in consultation with the Clerk of the House of Representatives, which shall— 

(1) be provided in an open format; 

(2) include the information required under clauses (i), (ii), (iv), (v) of section 

3(b)(1)(C) for each report; 

(3) include the frequency of the report; 

(4) include a unique alphanumeric identifier for the report that is consistent 

across report editions; 

(5) include the date on which each report is required to be submitted; and 

(6) be updated and provided to the Director, as necessary. 

SEC. 9305. REMOVING AND ALTERING REPORTS. 

A report submitted to be published to the reports online portal may only be 

changed or removed, with the exception of technical changes, by the head of the 

Federal agency concerned if— 

(1) the head of the Federal agency consults with each congressional committee 

to which the report is submitted; and 

(2) Congress enacts a joint resolution authorizing the changing or removal of 

the report. 

SEC. 9306. RELATIONSHIP TO THE FREEDOM OF INFORMATION ACT. 

(a) IN GENERAL.—Nothing in this subtitle shall be construed to— 

(1) require the disclosure of information or records that are exempt from public disclosure under section 552 of title 5, United States Code; or 

(2) to impose any affirmative duty on the Director to review congressionally 

mandated reports submitted for publication to the reports online portal for the 

purpose of identifying and redacting such information or records. 

(b) REDACTION OF INFORMATION.—The head of a Federal agency may redact information required to be disclosed under this Act if the information would be properly 

withheld from disclosure under section 552 of title 5, United States Code, and 

shall— 

(1) redact information required to be disclosed under this subtitle if disclosure 

of such information is prohibited by law; 

(2) redact information being withheld under this subsection prior to submitting the information to the Director; 

(3) redact only such information properly withheld under this subsection from 

the submission of information or from any congressionally mandated report submitted under this subtitle; 

(4) identify where any such redaction is made in the submission or report; 

and 

(5) identify the exemption under which each such redaction is made. 

SEC. 9307. IMPLEMENTATION. 

Except as provided in section 9304(b), this subtitle shall be implemented not later 

than 1 year after the date of enactment of this Act and shall apply with respect 

to congressionally mandated reports submitted to Congress on or after the date that 

is 1 year after such date of enactment. 

Subtitle E—Severability 

SEC. 9401. SEVERABILITY. 

If any provision of this title or amendment made by this title, or the application 

of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not 

be affected by the holding. 


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1Pew Research Center, ‘‘Public Trust in Government: 1958–2017,’’ http://www.peoplepress.org/2017/12/14/public-trust-in-government-1958-2017/ (last visited Feb. 11, 2019). 2 Camila Domonoske, ‘‘A Boatload of Ballots: Midterm Voter Turnout Hit 50-Year High,’’ NPR, 

Nov. 8, 2018, https://www.npr.org/2018/11/08/665197690/a-boatload-of-ballots-midterm-voterturnout-hit-50-year-high. 

TITLE X—[RESERVED] 

PURPOSE AND SUMMARY

H.R. 1, the For the People Act, is innovative legislation to advance the democratic promise of responsive, representative government. 

It will lower barriers to voting for all eligible Americans, save 

costs, and bolster the integrity of election administration. For example, it will modernize voter registration systems by enabling 

automatic voter registration and same-day voter registration. It 

will disclose dark, secret money that influences campaigns and subsequent policy debates and protect everyone’s right to know who is 

influencing their votes and their views. It will provide an alternative, voluntary system for candidates to finance their campaigns 

and empower small donors. This will reduce candidates’ reliance on 

major dollar donors and wealthy special interests, while opening up 

the political process so that more people can run competitive campaigns and represent their communities in Congress. It will also 

strengthen high ethical standards for Members of Congress. These 

reforms in H.R. 1 will boost confidence in self-government. 

Alexander Hamilton or James Madison, the author of Federalist 

No. 57, wrote: ‘‘Who are to be the electors of the federal representatives? Not the rich, more than the poor; not the learned, more than 

the ignorant; not the haughty heirs of distinguished names, more 

than the humble sons of obscurity and unpropitious fortune. The 

electors are to be the great body of the people of the United 

States.’’ 

H.R. 1 furthers this bedrock principle of American democratic 

self-governance. It is legislation for the people to hold government 

accountable and give people a voice in the decisions that affect 

their lives and their families. 

BACKGROUND AND NEED FOR LEGISLATION

Trust in Government and Participation in the Electoral Process 

Trust in government has plummeted to near record lows. At the 

end of 2017, only 18% of Americans said ‘‘they can trust the government in Washington do what is right ‘just about always’ (3%) 

or ‘most of the time (15%),’ ’’ according to the Pew Research Center.1 Without trust, the legitimacy of our representative system of 

government suffers. People no longer perceive themselves as having a say in the decisions of government that affect their lives. 

Only about half of the voting-eligible population voted in the 

2018 midterm elections.2 Although this was the highest turnout in 

50 years, the fact remains that roughly half of the eligible public 

did not vote. For a country that holds itself out as the gold standard of participatory democracy, a turnout rate where nearly half of 

eligible voters do not vote belies the United States’ aspirations. 

Too many Americans view themselves as shut out from our representative system. Others cannot participate in our electoral procVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00125 Fmt 6659 Sfmt 6602 E:\HR\OC\HR015P1.XXX HR015P1

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3Written Testimony of Wendy R. Weiser, Director, Democracy Program at the Brennan Center for Justice at NYU School of Law, Hearing: ‘‘For the People: Our American Democracy,’’ Feb. 

14, 2019, at 3. 4 John Mark Hansen, ‘‘To Assure Pride and Confidence in the Electoral Process, Task Force 

Reports to Accompany the Report of the National Commission on Election Reform, Task Force 

on the Federal Election System, Voter Registration,’’ at 1–3 (2001), http://web1.millercenter.org/ 

commissions/comm_2001_taskforce.pdf. 5Weiser, supra note 4, at 3. 6 Id. at 2–3 (citing Pew Center on the States, Inaccurate, Costly, and Inefficient: Evidence that 

America’s Voter Registration Systems Needs an Upgrade, 2012, 1); see also U.S. Census Bureau, 

Voting and Registration in the Election of 2016, Tbl. 1, https://www.census.gov/data/tables/timeseries/demo/voting-and-registration/p20-580.html. 7Written Testimony of Chiraag Bains, Director of Legal Strategies, Demos, Hearing: ‘‘For the 

People: Our American Democracy,’’ Feb. 14, 2019, at 8 (citing Census Bureau, Current Population Survey, November 2016 Voting and Registration Supplement). 8Weiser, supra note 4 (citing Pew Center on the States, Inaccurate, Costly, and Inefficient: 

Evidence that America’s Voter Registration Systems Needs an Upgrade, 2012, 7). 9Shelby County, Alabama v. Holder, 570 U.S. 529 (2013). 10 U.S. Commission on Civil Rights, ‘‘An Assessment of Minority Voting Rights Access in the 

United States (2018),’’ p. 9, https://www.usccr.gov/pubs/2018/Minority_Voting_Access_2018.pdf. 

ess because of arbitrary election administration procedures that fail 

to account for how Americans live and work in the 21st century. 

Some of these barriers to participation are designed to make it 

harder for certain populations, including communities of color and 

other underrepresented groups, to vote. 

Election Access—Online Voter Registration; Automatic Voter Registration; Same Day Voter Registration 

Among major democracies throughout the globe, the United 

States is alone in requiring ‘‘individuals to shoulder the onus of 

registering to vote (and re-register[ ] when they move).’’ 3 A 2001 

commission that former Presidents Ford and Carter chaired found 

that ‘‘[t]he registration laws in the United States are among the 

most demanding in the democratic world . . . [and are] one reason 

why voter turnout in the United States is near the bottom of the 

developed world.’’4

Voter registration barriers are a contributing factor to voter turnout and citizen participation in our democracy. Every election, millions of Americans encounter problems when they try to cast ballots.5 One in 4 eligible Americans is not registered to vote.6 In the 

November 2016 elections, nearly 1 in 5 (18 percent) of eligible people cited problems with voter registration as their main reason for 

not casting a ballot, including not meeting registration deadlines 

and not knowing the processes to register.7 One in 4 Americans believe incorrectly that the U.S. Postal Services’ change-of-addresses 

processes will automatically update their addresses for purposes of 

voter registration.8

Barriers to voting, especially for communities of color and underrepresented groups, have become pronounced after the Supreme 

Court struck down the preclearance formula of the Voting Rights 

Act in Shelby County v. Holder.9 Since that 2013 decision, states 

have required overly ‘‘strict forms of voter ID, purged voter rolls, 

reduced polling locations, required documentary proof of citizenship 

to register to vote, and cut early voting, among other contested voting changes that, on the specific facts . . . operate to denigrate minority voting access in ways that would have violated preclearance 

requirements if they were still in effect. Data indicate that these 

voting procedure changes disproportionately limit minority citizens’ 

ability to vote,’’ according to the United States Commission on Civil 

Rights.10 The Commission found in 2018 that ‘‘at least 23 states 


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11 Id. at 82. 12Online Voter Registration, Overview, http://www.ncsl.org/research/elections-and-campaigns/ 

electronic-or-online-voter-registration.aspx. 13Washington Institute of the Study of Ethnicity and Race (University of Washington, Seattle) 

and the Election Administration Research Center (University of California, Berkeley), ‘‘Online 

Voter Registration (OLVR) Systems in Arizona and Washington: Evaluating Usage, Public Confidence and Implementation Process (2010)’’ at 93, https://www.pewtrusts.org/-/media/legacy/ 

uploadedfiles/pcs_assets/2010/onlinevoterregpdf.pdf. 14See Weiser, supra note 4, at 7. 15See id. at 6. 16See id. at 4. 

have enacted newly restrictive statewide voter laws since the 

Shelby County decision.’’ 11

H.R. 1 addresses elements of these endemic problems. The legislative solutions are cost-effective and will improve access to the 

franchise for all eligible Americans to exercise their constitutional 

right to vote. 

Online Voter Registration 

H.R. 1 will require states to offer voter registration services online. Online voter registration is offered by at least 37 states plus 

the District of Columbia as of October 2018, according to the National Conference on State Legislatures.12 As Americans use the 

internet to accomplish basic tasks, from banking, to facilitating 

transit, to accessing healthcare, they should also be able to register 

(and update) their voter registration records as well. 

In addition to improving convenience for eligible voters, online 

voter registration saves costs. A 2010 study funded by the Pew 

Center on the States found that paper registration cost Arizona 

$0.83 per voter to process, whereas online voter registration cost 

only $0.03.13 In Washington State, officials ‘‘reported savings of 25 cents with each online registration (for a total of $176,000 in savings) in the first two years of the program, and its local officials 

save between 50 cents and two dollars per online transaction,’’ according to a Brennan Center analysis of the data.14

Automatic Voter Registration 

Another critical policy is automatic voter registration (‘‘AVR’’). 

Like online voter registration, automatic voter registration saves 

jurisdictions money, improves the accuracy of voter registration 

lists, and helps to streamline the voter registration process to reduce unnecessary barriers to accessing the ballot. AVR significantly 

decreases the necessity of paper and takes advantage of electronic, 

automated systems to add eligible Americans to the rolls. Voter 

lists are more accurate, jurisdictions save money by not relying on 

staff to process paper registration forms, and fewer eligible voters 

who show up to vote will have to vote a provisional ballot.15

Rather than place the burden to register to vote on prospective 

voters—which, as discussed above, leads to confusion and keeps 

large swaths of Americans off the rolls—AVR is rooted in an ‘‘optout’’ model of voter registration. Unless a prospective voter declines, they will be added to the rolls when they provide information to the government to obtain certain services (including public 

services, Social Security benefits, driver’s licenses, and when individuals become naturalized citizens).16

There is also data that show AVR may lead to higher turnout. 

In Oregon, the first state to adopt and implement AVR, turnout inVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00127 Fmt 6659 Sfmt 6602 E:\HR\OC\HR015P1.XXX HR015P1

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17 Id. at 5. 18See Weiser, supra note 4, at 4–5. 19 Id. 20See Bains, supra note 8, at 8. 21See Weiser, supra note 4, at 7. 22See id. 

creased by 4 percent—2.5 percent higher than the national average.17 This increase in turnout happened when there were zero 

competitive statewide races on the ballot. 

AVR, as included in H.R. 1, is designed to ensure that agencies 

facilitating voter registration do not add ineligible voters to the 

rolls. Agencies that are designated to participate in AVR collect 

citizenship information. If an individual affirms citizenship, the 

agency will inform the person of the qualifications necessary to register to vote, consequences for false registration, and an opportunity to decline voter registration. There are also safeguards in 

place for the unlikely situation that any ineligible person is inadvertently registered. 

Fifteen states, plus the District of Columbia, have adopted AVR; 

of those jurisdictions, nine states plus the District of Columbia 

have implemented the policy.18 The data show that AVR can accomplish its goals of adding eligible voters to the rolls. The results 

have been exceptionally strong. According to the Brennan Center 

for Justice at NYU School of Law: 

In Oregon, registration rates quadrupled at DMV offices. In 

Vermont, registrations jumped 62 percent in the six months after 

AVR was put in place compared to the same period in the previous 

year. One state, California, experienced minor glitches at first, because of a computer programming design flaw. But that error was 

quickly caught and contained, and according to the state’s motor 

vehicle office has since been fixed. . . . AVR has dramatically increased registration rates in nearly every state.19

Same Day Voter Registration 

Same day voter registration is another important reform included in H.R. 1 to modernize our elections. It ensures that a voter 

registration deadline does not deny any eligible voter of their right 

to vote. Voters are offered an opportunity to register to vote on 

election day, including during early voting. Particularly when combined with automatic voter registration, same day voter registration boosts turnout. It has been shown to increase turnout by upwards of 10 percentage points.20 Seventeen states and the District 

of Columbia offer some form of same day voter registration.21 Some 

states have had it since the 1970s.22

Together as a whole, H.R. 1 sets an important nationwide standard of online voter registration, automatic voter registration, and 

same day voter registration that will reduce unjustified and unnecessary barriers to voting. These reforms will make our elections 

freer and fairer for all eligible voters to make their voices heard. 

Election Access—Promoting Convenience and Access to the Ballot 

Challenges and Problems 

In the wake of Shelby County v. Holder, some jurisdictions implemented changes to their election administration and voting laws 

that had a disparate impact on communities of color or were enVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00128 Fmt 6659 Sfmt 6602 E:\HR\OC\HR015P1.XXX HR015P1

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23 North Carolina State Conference of the NAACP v. McCrory, 831 F.3d 204 (2016). 24See id. 25See id. at 215, 216. 26Matt Vasilogambros, ‘‘That Was Quick: Texas Moves Forward With Voter ID Law After Supreme Court Ruling,’’ The Atlantic, June 25, 2013, https://www.theatlantic.com/politics/archive/ 

2013/06/that-was-quick-texas-moves-forward-with-voter-id-law-after-supreme-court-ruling/ 

438108/. 27 Veasey v. Abbott, No. 14–41127 (5th Cir. 2016). 28 Advisory Memorandum, Texas Advisory Committee to the U.S. Commission on Civil Rights, 

pg. 10, July 2018, https://www.usccr.gov/pubs/2018/07-23-TX-Voting-Rights.pdf. 29Weiser, supra note 4, at 8. 30 Husted v. A Philip Randolph Institute, 138 S. Ct. 1833 (2018). 

acted with a discriminatory intent to make it harder for communities of color to vote. Cuts to early voting, strict voter identification laws, and other changes to the rules have pushed people away 

from participating in our democracy. 

The legislature of North Carolina, for example, enacted an omnibus voter suppression bill in 2013, several months after the Supreme Court struck down the Voting Rights Act’s preclearance formula.23 Among other things, the bill imposed a strict photo identification requirement on voters; cut a week of early voting; eliminated same-day voter registration; eliminated the counting of outof-precinct provisional ballots for voters who voted in the correct 

county but incorrect precinct; and eliminated preregistration of 16- 

and 17-year olds.24 The United States Court of Appeals for the 

Fourth Circuit ruled that North Carolina’s law ‘‘target[ed] African 

Americans with almost surgical precision,’’ for, among other things, 

requiring ‘‘in-person voters to show certain photo IDs, beginning in 

2016, which African Americans disproportionately lacked, and 

eliminat[ing] or reduc[ing] registration and voting access tools that 

African Americans disproportionally used.’’ 25

Texas, too, implemented one of the strictest photo ID laws in the 

United States soon after Shelby County.26 The United States Court 

of Appeals for the Fifth Circuit ruled that the Texas law discriminated against Black and Latino voters.27 Subsequent litigation and 

legislative action led to significant changes in the law.28

Mass purges of eligible voters from the rolls have also become a 

major problem with election administration. According to the Brennan Center for Justice: 

Almost 4 million more names were purged from the rolls 

between 2014 and 2016 than between 2006 and 2008. 

Purge activity has increased at a substantially greater rate 

in states that were subject to federal oversight under the 

Voting Rights Act prior to the Supreme Court’s decision in 

Shelby County v. Holder. Georgia, for example, purged 1.5 

million voters between the 2012 and 2016 elections—double its rate between 2008 and 2012. Texas purged 363,000 

more voters between 2012 and 2014 than it did between 

2008 and 2010. [The Brennan Center] found that 2 million 

fewer voters would have been purged between 2012 and 

2016 if jurisdictions previously subject to pre-clearance 

had purged at the same rate as other jurisdictions.29

The Supreme Court’s decision last year in Husted v. A. Philip 

Randolph Institute opened the door to even more aggressive voter 

purges.30 The Court upheld Ohio’s ‘‘use it or lose it’’ purge law, 

which used non-voting as a reason to initiate purge processes. The 

Court held that this practice did not violate the National Voter 


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31See id.; 52 U.S.C. § 20507(b)(2); Bains, supra note 8, at 5. 32 Bains, supra note 8, at 5. 33See Weiser, supra note 4, at 12. 34See id. 

Registration Act, which governs list-maintenance programs and 

prohibits activities that ‘‘result in the removal of the name of any 

person’’ from the rolls ‘‘by reason of the person’s failure to vote.’’ 31

There are many reasons why someone may miss voting in an 

election. This should not result in their removal from voter registration rolls for subsequent elections. Purges can also affect 

underrepresented populations disproportionately, which has a deleterious effect on representative democracy. As De ̃mos has explained: 

[B]arriers to voting such as transportation issues, inflexible work 

schedules, care-giving responsibilities, illnesses, inaccessible polling 

locations, and language access problems can disproportionately prevent persons of color, housing-insecure individuals, persons with 

disabilities, low-income individuals, older voters, and persons with 

limited English proficiency from making to the polls to vote. Using 

a person’s failure to vote to initiate a removal process will therefore 

disproportionately target such groups and result in their subsequent removal from the registration rolls.32

There are many other populations, too, for whom more convenient access to the ballot is essential. First responders, individuals 

with disabilities, military personnel, healthcare providers, minimum wage workers, the elderly, students, and many other populations require flexibility in the time, place, and manner of voting. 

Some current practices, such as holding Election Day on a Tuesday 

in November, unjustifiably restrict access to the ballot to those who 

are available to stand in line and show up in person at their polling place on that specific day. H.R. 1 addresses these challenges, 

including the solutions below. 

Solutions—Early Voting 

The legislation sets a nationwide standard for early voting for at 

least 15 days prior to Election Day. Early voting is an important 

policy to provide voters with free and fair access to the ballot. 

Many states have adopted it as a policy. Thirty-nine states allow 

voters to vote early in person before Election Day including more 

than a dozen states that provide an early voting period ‘‘comparable to or greater than’’ the 15-day standard set by H.R. 1.33

Beyond convenience for voters who decide to vote early, the policy 

can reduce long lines at the polls on Election Day and give election 

administrators more time to troubleshoot issues with registration 

databases or voting machines before they could cause bigger slowdowns or problems.34

Addressing Voter Identification Laws That Restrict Voting 

As for suppressive voter identification tactics, H.R. 1 would allow 

voters to submit sworn written statements in lieu of other forms 

of voter identification that would otherwise be required to cast a 

ballot. Strict voter identification laws have been one of the most 

unjustified barriers to participation for underrepresented communities. Approximately 11% of the American population lacks the 

specific form of photo identification that more than a dozen states 


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35See Baines, supra note 8, at 3. 

require to vote, disproportionately voters of color, senior citizens, 

and low-income citizens.35 Providing this sworn statement alternative is an important safeguard for those that these identification 

laws would otherwise block from voting. 

Protections Against Purges for Failure to Vote 

To respond to the Supreme Court’s decision in Husted, H.R. 1 

amends the National Voter Registration Act of 1993 to prohibit a 

registrant’s failure to vote as objective and reliable evidence that 

a voter is ineligible. It also limits the authority of states to remove 

registrants from the official list of eligible voters on the basis of 

interstate voter registration cross-checks. 

Access to Voting for Individuals with Disabilities 

H.R. 1 requires states to promote access to voter registration and 

voting for individuals with disabilities. Specifically, it mandates the 

availability of absentee ballots for individuals with disabilities, and 

allows such individuals to request and receive, by mail or electronically, registration forms and absentee ballots. States must accept 

and process these voter registration and absentee ballot applications if received within the deadline. It also requires states to establish a state office that will be responsible for providing votingrelated information to individuals with disabilities. 

Other Reforms to Bolster Election Administration and the 

Right to Vote 

There are many other policies in H.R. 1 that promote election administration procedures that improve access to the franchise. The 

legislation prohibits states from putting restrictions on the ability 

for voters to vote by mail and requires absentee ballots to be sent 

at least 45 days before an election. Absentee ballots would be carried free of charge to individual voters. 

H.R. 1 would also require election officials to count each vote on 

provisional ballots for any elections in which an individual is registered to vote, notwithstanding whether they cast their ballot in 

an incorrect precinct within a state jurisdiction. 

The bill awards grants to states to develop training programs for 

poll worker recruitment and training and nonpartisan poll workers. 

It will bolster integrity and confidence in election administration 

by prohibiting campaign activities by state chief election administration officials. This provision provides an exception when the official or immediate family member is a candidate, so long as the official recuses from official responsibilities for the administration of 

the election. 

The bill also empowers young people to participate in our democracy by designating institutions of higher education as voter registration agencies. 

H.R. 1 requires the Attorney General to develop a state-based 

hotline to provide nonpartisan information about the voting process, including voter registration, location, and hours of polling 

places, in consultation with civil rights and voting rights organizations. 


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36Presidential Commission on Election Administration, ‘‘The American Voting Experience: Report and Recommendations of the Presidential Commission on Election Administration (2014),’’ 

at 11, https://www.eac.gov/assets/1/6/Amer-Voting-Exper-final-draft-01-09-14-508.pdf. 37Testimony of Jeanette Manfra, Acting Deputy Under Secretary for Cybersecurity and Communications, National Protection and Programs Directorate, U.S. Department of Homeland Security and Dr. Samuel Liles, Acting Director, Cyber Division, Office of Intelligence and Analysis, 

U.S. Department of Homeland Security, Before the Select Commission on Intelligence, United 

States Senate, Washington, D.C., Addressing Threats to Election Infrastructure, June 21, 2017, 

https://www.intelligence.senate.gov/sites/default/files/documents/os-jmanfra-062117.PDF. 38Weiser, supra note 4, at 33. 39Lawrence Norden and Wilfred U. Codrington III, Brennan Center for Justice, ‘‘America’s 

Voting Machines at Risk,’’ Mar. 8, 2018, https://www.brennancenter.org/analysis/americas-voting-machines-risk-an-update. 

Taken together, these reforms improve access to voting by making it convenient and open for more eligible Americans to participate. 

Bolstering the Resilience of Election Infrastructure 

There are serious challenges with aging election equipment and 

the machinery of democracy. Ineffective, aging voting equipment 

can cause lengthy lines at polling places, discourage participation, 

and chip away at confidence in election outcomes. A 2014 report by 

the bipartisan Presidential Commission on Election Administration 

found that aging systems purchased with federal money pursuant 

to the Help America Vote Act in 2002 were ‘‘reaching the end of 

their operational life.’’ 36

Foreign threats to interfere in American elections are also of 

paramount concern, including the threats that cyberattacks pose to 

voting systems. The Department of Homeland Security confirmed 

that ‘‘election-related networks, including websites, in 21 states 

were potentially targeted by Russian government cyber actors’’ during the 2016 election.37 Nonstate and state actors alike have targeted voter registration systems and Election Night reporting 

websites.38 These tactics could sow confusion and undermine confidence in election outcomes should they occur again on a larger 

scale due to the vulnerabilities in our systems. 

There is a need to bolster the resilience of the machinery of democracy that H.R. 1 fulfills. Thirteen states use voting machines 

that do not have paper back-ups, for example, including five that 

use them statewide.39

Paper Ballots and Grants for Improved Election Systems 

H.R. 1 amends the Help America Vote Act of 2002 to require voting systems in federal elections to use individual, durable, voterverified paper ballots. This would replace all paperless voting machines now in use for these elections. 

Paper ballots are an important protection against hacking and 

cyberattack. They provide a durable record of each vote that can 

be hand-counted and audited, where necessary, without depending 

on software or hardware. 

H.R. 1 also authorizes the Election Assistance Commission to, 

among other things, issue grants to states to improve and maintain 

their election systems (including enhanced cybersecurity improvements), transition to voter-verified paper ballot systems, conduct 

risk-limiting audits, and further election-infrastructure innovation. 


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40Greg Stohr, ‘‘Bloomberg Poll: Americans Want Supreme Court to Turn Off Political Spending Spigot,’’ Chicago Tribune, Sept. 28, 2015, https://www.chicagotribune.com/news/sns-tns-bcscotus-citizensunited-poll-20150928-story.html. 41 Ashley Balcerzak, ‘‘Liberals Want to Overturn Citizens United. A New Study Shows Conservatives Do Too,’’ Time, May 10, 2018, http://time.com/5272988/citizens-united-campaign-finance-constitution/. 42 Alex Vandermaas-Peeler et al., ‘‘American Democracy in Crisis: The Challenges of Voter 

Knowledge, Participation, and Polarization,’’ PRRI in partnership with The Atlantic, July 17, 

2018, https://www.prri.org/research/American-democracy-in-crisis-voters-midterms-trump-election-2018/. 43Megan Brenan, ‘‘Americans Most Satisfied With Nation’s Military, Security,’’ Gallup, Jan. 

28, 2019, https://news.gallup.com/poll/246254/americans-satisfied-nation-military-security.aspx. 

Promoting Cybersecurity Through Improvements in Election 

Administration 

Given the threat of interference in our elections from state and 

nonstate actors alike, H.R. 1 provides guardrails to further reinforce cybersecurity. It requires, for example, voting systems (including electronic pollbooks) to be tested nine months before general 

Federal elections. The Election Assistance Commission would be required to issue election cybersecurity guidelines, including standards and best practices for procuring, maintaining, testing, operating, and updating election systems to prevent and deter cybersecurity incidents. 

Another innovative element of the bill is the establishment of an 

Election Security Bug Bounty program to encourage independent 

assessments of election systems by technical experts. 

Campaign Finance—Transparency, Disclosure, and Everyone’s 

Right to Know 

Americans are concerned with the real and perceived power of 

wealthy special interests in campaigns and the decisions of government. Citizens United, decided more than 9 years ago, remains 

deeply unpopular among Americans of all political stripes. The decision recognized a corporation’s First Amendment right to spend 

unlimited sums out of its general treasury funds to influence elections. A 2015 Bloomberg poll found that Citizens United ‘‘was 

viewed unfavorably by 78% of respondents, who said that decision 

was so bad it should be overturned.’’ 40 This is consistent with more 

recent polling, including last year, that found similar numbers of 

Americans in favor of a constitutional amendment to reverse Citizens United.41

Citizens United has become in some ways synonymous with 

Americans’ dissatisfaction with the influence, real and perceived, of 

money in the political process. According to the analysis of a poll 

last summer by PRRI/The Atlantic, ‘‘roughly two-thirds of the public say that participation of too few voters (67%) and the disproportionate influence of wealthy individuals and corporations (66%) are 

major problems with the current election system.’’ 42 According to 

a Gallup poll last month, only 20% of Americans said they are satisfied with our campaign finance laws.43 Among the 22 issues surveyed, this was the issue Americans were least satisfied about. 

Deeply troubling is the appearance that campaign spenders have 

more influence over public servants and public policy than non-contributors. According to a recent survey by the Pew Research Center, ‘‘overall, 37% of Americans say that they feel it is at least 

somewhat likely their representative would help them with a problem if they contacted her or him. However, about half (53%) of 


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44 Bradley Jones, ‘‘Most Americans Want to Limit Campaign Spending, Say Big Donors Have 

Greater Political Influence,’’ Pew Research Center, May 8, 2018, http://www.pewresearch.org/ 

fact-tank/2018/05/08/most-americans-want-to-limit-campaign-spending-say-big-donors-havegreater-political-influence/. 45 Buckley v. Valeo, 424 U.S. 1, 58 (1976) (per curiam). 46 Center for Responsive Politics, ‘‘Outside Spending by Non-disclosing Groups, Cycle Totals, 

Excluding Party Committees,’’ https://www.opensecrets.org/outsidespending/disclosure.php (last 

visited Feb. 11, 2019). 47Louis Brandeis, ‘‘What Publicity Can Do,’’ Harper’s Weekly, Dec. 20, 1913. 48 Center for Responsive Politics, Outside Spending by Disclosure, Excluding Party Committees, https://www.opensecrets.org/outsidespending/disclosure.php. 49Written Testimony of Fred Wertheimer, President, Democracy 21, Hearing: ‘‘For the People: 

Our American Democracy,’’ Feb. 14, 2019, at 9. 50 Citizens United v. FEC, 558 U.S. 310, 370 (2010). 

those who have given money to a political candidate or group in the 

last year believe their representative would help. Belief that one’s 

Member of Congress will help them with a problem is highest 

(63%) among the subset of donors who have given more than $250 

to a candidate or campaign in the past year.’’ 44 For decades, of 

course, the Supreme Court recognized the government’s interest in 

deterring ‘‘the reality or appearance of improper influence stemming from the dependence of candidates on large campaign contributions,’’ and upheld many campaign finance regulations accordingly.45

Money from undisclosed sources have flooded our elections in 

record amounts since Citizens United.46 Moreover, a gridlocked and 

dysfunctional Federal Election Commission has left many major 

violations unaddressed, and has failed to keep its regulations on 

pace with the changing nature of campaigns. HR 1 includes key reforms to shine a light on dark money in politics, empower small 

dollar donors, and reform the Federal Election Commission to improve the enforcement of our campaign finance laws. 

Transparency Former Supreme Court Justice Louis Brandeis 

said that ‘‘sunlight is said to be the best of disinfectants.’’ 47 H.R. 

1 reforms disclosure laws to vindicate every American’s right to 

know who is spending money to influence elections. 

Since the Supreme Court’s 2010 decision in Citizens United 

opened the floodgates to unlimited campaign spending by corporations and other artificial entities, special interests and others have 

spent more than $950 million to influence federal elections without 

disclosing the source of the money.48 Dark, secret, unlimited money 

in elections undermines the integrity of the democratic process. It 

makes it harder for the public to follow the money and hold elected 

officials and major donors accountable. Money can be laundered 

through a variety of artificial entities to influence elections, which 

can lead to circumvention of other campaign finance prohibitions, 

such as the ban on foreign money in American political campaigns. 

Polls show that Americans overwhelmingly favor disclosure of donors who are financing major campaign expenditures, including 

through outside groups.49

The Supreme Court has repeatedly affirmed the constitutionality 

of disclosure laws. In a section of Citizens United that had the support of eight Supreme Court justices, Justice Kennedy wrote that 

with the ‘‘advent of the Internet, prompt disclosure of expenditures 

can provide shareholders and citizens with the information needed 

to hold corporations and elected officials accountable for their positions and supporters. . . . [C]itizens can see whether elected officials are ‘‘ ‘in the pocket’ of so-called moneyed interests.’’ 50 In the 


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51 Buckley v. Valeo, 424 U.S. 1, 67 (1976). 52See id. at 64; 53McConnell v. FEC, 540 U.S. 93, 201 (2003). 54The Supreme Court upheld the PASO test in McConnell v. FEC, 540 U.S. 93 (2003). 

landmark case Buckley v. Valeo, the Court held that ‘‘disclosure requirements deter actual corruption and avoid the appearance of 

corruption by exposing large contributions and expenditures to the 

light of publicity. The exposure may discourage those who would 

use money for improper purposes either before or after the election. 

A public armed with information about a candidate’s most generous 

supporters is better able to detect any post-election special favors 

that may be given in return.’’ 51

Disclosure does not silence speech. The Court held in Buckley 

that disclosure requirements ‘‘impose no ceiling on campaign-related activities,’’ 52 and ‘‘do not prevent anyone from speaking’’ in 

McConnell v. FEC.53

DISCLOSE Act 

H.R. 1 closes gaping loopholes in our campaign finance system’s 

disclosure laws left open since Citizens United. The DISCLOSE Act 

requires covered organizations—corporations, non-profit organizations, section 527 organizations, and others—to report their campaign-related spending if they spend more than $10,000 in an election cycle. Such organizations spending money to influence elections must also disclose their donors who give $10,000 during an 

election cycle. Campaign-related spending is defined to include 

independent expenditures, electioneering communications, and advertisements that promote, attack, support, or oppose the election 

of candidates.54 Covered organizations have a choice of setting up 

a separate account to be used for making campaign-related expenditures. If they use the separate account, only donors of $10,000 or 

more to that account are disclosed. If they do not use a separate 

account, all donors of $10,000 or more to the covered organization 

are disclosed. 

There are three exceptions for disclosure. First, amounts from 

commercial transactions received in the ordinary course of any 

trade or business conducted by the covered organization. Second, 

amounts that a donor prohibits from being used for campaign-related spending, provided that the covered organization agrees to 

follow the prohibition and deposits the payment in an account 

which is segregated from any account used to make campaign-related disbursements. Third, the requirement to include information 

relating to the name or address of any donor shall not apply if the 

inclusion of the information would subject the person to serious 

threats, harassment, or reprisals. 

The DISCLOSE Act also addresses the problem of money that is 

laundered through various front groups or shell entities to hide the 

original source of campaign-related spending. The bill requires disclosure of transfers between covered organizations when those 

transfers are made for the purpose of campaign-related expenditures or are deemed to be made for campaign-related expenditures. 

Finally, the DISCLOSE Act closes loopholes that allow foreign 

money to influence federal elections, particularly through dark 

money vehicles. It amends the definition of foreign national for 

purposes of the ban on foreign national campaign spending to add 


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55Megan Janetsky, ‘‘Low Transparency, Low Regulation Online Political Ads Skyrocket,’’ Center for Responsive Politics, Mar. 7, 2018, https://www.opensecrets.org/news/2018/03/low-transparency-low-regulation-online-political-ads-skyrocket/. 56See Weiser, supra note 4, at 23. 57See generally Hamsini Sridharan and Ann M. Ravel, ‘‘Illuminating Dark Digital Politics: 

Campaign Finance Disclosure for the 21st Century,’’ October 2017 (finding that the ‘‘lack of a 

21st century disclosure system is all the more stark when considering the pace with which communication is moving online.’’). 58Office of the Director of National Intelligence, ‘‘Assessing Russian Activities and Intentions 

in Recent US Elections,’’ Jan. 6, 2017, at ii, https://www.dni.gov/files/documents/ 

ICA_2017_01.pdf. 59Scott Shane and Vindu Goel, ‘‘Fake Russian Facebook Accounts Bought $100,000 in Political 

Ads,’’ N.Y. Times, Sept. 6, 2017, https://www.nytimes.com/2017/09/06/technology/facebook-russian-political-ads.html. 60 Craig Timberg, ‘‘Russian Propaganda Effort Helped Spread ‘Fake News’ During Election, 

Experts Say,’’ Wash. Post, Nov. 24, 2016, https://www.washingtonpost.com/business/economy/ 

russian-propaganda-effort-helped-spread-fake-news-during-election-experts-say/2016/11/24/ 

793903b6-8a40-4ca9-b712-716af66098fe_story.html?ut _term=.24841509a330. 

any corporation or limited liability corporation which is 5 percent 

or more owned or controlled by a foreign country of foreign government official, or which is 20 percent or more owned by any other 

foreign national, or over which one or more foreign nationals has 

the power to control the decision-making of the corporation. It requires certification of compliance with the ban on foreign national 

spending by chief executive officers before corporations make contributions, donations, or expenditures in connection with elections. 

Honest Ads Act 

Digital political advertising continues to skyrocket. According to 

the Center for Responsive Politics, spending on digital ads in the 

2018 midterms was expected to cost $1.9 billion, or approximately 

22 percent of overall political advertising.55 Digital advertising is 

a relatively inexpensive and effective medium to spread a message 

quickly and efficiently.56

It also opens up our system to vulnerabilities due in part to the 

failure of campaign finance laws to keep pace with technology.57

Russia’s efforts to sow division and distrust in democracy during 

the 2016 election included ‘‘overt efforts by Russian Government 

agencies, state-funded media, third-party intermediaries, and paid 

social media users or trolls.’ ’’ 58 Facebook disclosed that it ‘‘identified more than $100,000 worth of divisive ads on hot-button issues 

purchased by a shadowy Russian company linked to the Kremlin.’’ 59 The Washington Post reported that ‘‘two teams of independent researchers found that the Russians exploited Americanmade technology platforms to attack U.S. democracy at a particularly vulnerable moment . . . as part of a broadly effective strategy 

of sowing distrust in U.S. democracy and its leaders.’’ 60

The Honest Ads Act updates the rules that apply to online political advertising by incorporating disclosure and disclaimer concepts 

that apply to traditional media, while providing regulatory flexibility for new forms of digital advertising. This will help ensure 

that voters make informed decisions at the ballot box and to know 

who is spending money on digital political advertisements that they 

view. 

It also expands the definition of public communication to include 

paid internet or paid digital communications, and amends the definition of electioneering communication to include certain digital or 

internet communications placed or promoted for a fee online. 


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61 Cost of Elections, Center for Responsive Politics, https://www.opensecrets.org/overview/ 

cost.php/. 62See id. 63Donor Demographics, Center for Responsive Politics, https://www.opensecrets.org/overview/ 

donordemographics.php (last visited Feb. 19, 2019). 64See id. 65See Bains, supra note 8, at 12. 

Finally, the bill requires that large online platforms (defined to 

include those with 50,000,000 or more unique monthly United 

States visitors) maintain public databases of political ad purchases. 

This is a concept that already applies to broadcasters, who must 

maintain public files of political advertisements. The online databases maintained by the platforms will provide the public with information about the purchasers of online political ads, including 

how the audience is targeted. Political advertisements are defined 

to include those that communicate messages relating to political 

matters of national importance, including about candidates, elections, and national legislative issues of public importance. 

Finally, the Honest Ads Act requires all broadcasters, cable or 

satellite television and online platforms to take reasonable efforts 

to ensure that political advertising is not purchased by foreign nationals, directly or indirectly. 

Stand By Every Ad Act 

H.R. 1 also includes the Stand By Every Ad Act. Currently, only 

candidates are required to ‘‘stand by’’ their advertisements to indicate that they have approved certain political messages. The Stand 

By Every Ad Act applies this requirement to election-related advertisements purchased by outside entities such as corporations, 527 

organizations and nonprofit organizations. It would also require 

such advertisements to include a list of the Top Five funders of the 

entity (in video advertisements) or the Top Two funders of the entity (for audio advertisements). These provisions improve transparency and accountability in campaign spending and are in keeping with the need for better disclosure provisions, particularly with 

the steep increase in outside group spending after Citizens United. 

Campaign Finance—Empowering Every Voice in Our Democracy 

Money plays an outsized role in determining who runs for office, 

who wins office, and in setting policy priorities in Washington. The 

total costs of elections continue to rise exponentially. The total cost 

of Congressional elections in 2008, for example, was $2.5 billion.61

A decade later, the 2018 midterms cost more than $5.7 billion.62

The eye-popping sums themselves do not tell the whole story. Important, too, is the source of the money. American political campaigns are funded by a tiny, wealthy, and highly unrepresentative 

segment of the population. In the 2018 midterms, only 0.47% of the 

population gave $200 or more to political campaigns.63 This slice 

of America contributed 71% of the money that went to federal candidates, PACs, parties, and outside groups.64 This class of donors 

is not representative of the public at large. It is largely white, 

wealthy, and male.65 According to De ̄mos: 

Ninety-two percent of federal election donors in 2014 and 91 percent of donors in 2012 were white. The numbers are even more 

skewed among large donors. Ninety-four percent of those giving 

more than $5,000 in 2014 and 93 percent in 2012 were white. Men 


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66 Id. 67Outside Spending by Super PAC, Center for Responsive Politics, https:// 

www.opensecrets.org/outsidespending/summ.php?chrt=V&type=S (last visited Feb. 19, 2019). 68Super PACs: How Many Donors Give, Center for Responsive Politics, https:// 

www.opensecrets.org/outside-spending/donor-stats (last visited Feb. 19, 2019). 69 Buckley, 424 U.S. at 27. 70See Weiser, supra note 4, at 17 (citing Chris Tausanovitch, ‘‘Income, Ideology and Representation,’’ Russell Sage Foundation Journal of the Social Sciences 2 (2016): 33, 49; Martin Gilens 

and Benjamin I. Page, ‘‘Testing Theories of American Politics: Elites, Interest Groups, and 

American Citizens,’’ Perspectives on Politics 12 (2014): 564, 575; Christopher Ellis, ‘‘Social Context and Economic Biases in Representation,’’ Journal of Politics 75 (2013): 773, 779; Martin 

Gilens, Affluence and Influence: Economic Inequality and Political Power in America (Princeton: 

Princeton University Press, 2012), 84; Larry Bartels, Unequal Democracy: The Political Economic of the New Gilded Age (Princeton: Princeton University Press, 2010), 285). 71Donor Demographics, Center for Responsive Politics, https://www.opensecrets.org/overview/ 

donordemographics.php (last visited Feb. 19, 2019). 72See Wertheimer, supra note 50, at 3. 73See id. 

make up slightly less than half of the population, but comprised 63 

percent of federal election donors in 2012 and 66 percent of donors 

in 2014. The pool of donors who give more than $1,000 has less 

gender diversity, with men making up 65 percent of donors giving 

more than $5,000.66

This pales in comparison to the rich diversity of our country and 

undermines principles of equal representation. 

When it comes to so-called ‘‘independent’’ spending—campaign 

spending by Super PACs, corporations, and other nonprofit organizations—the financial muscle of the donor class is even more stark. 

Since the Supreme Court’s decision in Citizens United, Super PACs alone have raised more than $4.88 billion.67 In the 2018 midterms, 

just 100 donors contributed more than $1 billion to Super PACs— 

an average of $100 million per donor.68

A direct threat to a responsive democracy is how money sets policy priorities—or even appears to set policy priorities. As the Supreme Court reasoned in Buckley, when it upheld contribution limits, ‘‘[of] almost equal concern as the danger of actual quid pro quo 

corruption is the impact of the appearance of corruption stemming 

from public awareness of the opportunities for abuse inherent in a 

regime of large individual financial contributions.’’ 69

Numerous studies have demonstrated that major campaign donors have more influence than voters over policy, and often the policy objectives take a divergent path from that preferred by voters.70

This lack of responsiveness, real and perceived, is counter to the 

ideals of democratic self-government. 

Candidates for office today face the difficult challenge of having 

to raise significant amounts of funds and to do so quickly if they 

want to be considered viable. Few can manage this without relying 

heavily on a network of donors and organized interests. It is true 

that the Internet can be a revolutionary tool to empower small dollar donors. Still, small dollar donors of $200 or less contributed 

only 30 percent of the money raised in the 2018 midterms.71

Small Dollar Financing of Congressional Election Campaigns 

H.R. 1 provides a voluntary, alternative method to raise funds 

for Congressional elections. It will allow candidates to run for office 

without depending on deep pocketed donors or special interest 

funders.72 It will empower ordinary Americans to make their small 

contributions matter as greatly as large contributions to candidates.73 It will free up candidates to run competitive races solely 


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74See id. 75See id. 76See id. 77 Id. 78See Weiser, supra note 4, at 20. 79 Id. 

on small dollar donors.74 And it will open up the political process 

to new and diverse candidates to run competitive campaigns.75

Such voluntary public funding systems have been created in recent years in Berkeley, CA; Portland, OR; Denver, CO; Baltimore, 

MD; Montgomery County, MD; Howard County, MD; Prince 

George’s County, MD; Suffolk County, NY; and Seattle, WA.76 Existing public financing systems have been updated recently in New 

York City, Los Angeles, CA, Maine, and Connecticut.77

One of the most successful public funding programs is in New 

York City, which matches donations up to $175 and where the vast 

majority of candidates participate.78 A Brennan Center study found 

that ‘‘participating city candidates raised money from 90 percent of 

the city’s census blocs, as compared to roughly 30 percent for state 

assembly candidates (who do not receive public matching dollars) 

running in the same areas.’’ 79

As established in H.R. 1, the small dollar financing of Congressional campaigns will provide a 6-to-1 match of contributions of 

$200 or less for participating candidates. It would cap the total 

amount of matching funds for a candidate to half of the average of 

the 20 most expensive winning campaigns in the previous cycle. To 

qualify for participation, candidates must raise at least $50,000 in 

small dollar contributions from at least 1,000 individuals during 

the qualifying period. Participating candidates agree to only raise 

funds from qualified small dollar contributions, matching funds, 

nonqualified contributions of up to $1,000 (which are not subject to 

the match), personal funds, and certain political committees. Multicandidate committees and party committees may contribute to participating candidates, but only if the contributions come from segregated accounts that only raise funds pursuant to the requirements for small dollar contributions. 

H.R. 1 will also revise and modernize the presidential public financing system. For decades, presidential candidates of both major 

political parties used the system to fund their political campaigns. 

The system fell into disrepair and has not kept pace with changes 

in how campaigns raise money, particularly with the rise in ‘‘soft 

money’’ in the 1990s and with the explosive growth of Super PACs 

after Citizens United. H.R. 1 will provide a matching system for 

primary presidential campaigns and increases the grant amount 

that is made available during the general election. 

All matching funds for the small dollar financing programs will 

come from the Freedom From Influence Fund. No appropriated 

funds will be used for the Freedom From Influence Fund. Matching 

fund payments are subject to a mandatory reduction in case of insufficient amounts in the Freedom From Influence Fund. 

The Supreme Court has upheld the constitutionality of voluntary 

public financing programs. In Buckley v. Valeo, it held that such 

alternative ways of financing campaigns ‘‘reduce the deleterious influence of large campaign contributions on our political process’’ 


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80 Buckley, 424 U.S. at 91. 81 Id. at 92–93. 82 Arizona Free Enterprise Club’s Freedom PAC v. Bennett, 546 U.S. 721 (2011). 83 2018 Outside Spending by Single-Candidate Super PACs, https://www.opensecrets.org/ 

outsidespending/summ.php?chrt=V&type=C. 

and ‘‘facilitate communication by candidates with the electorate.’’ 80

It went on to describe public funding programs as ‘‘a congressional 

effort, not to abridge, restrict, or censor speech, but rather . . . to 

facilitate and enlarge public discussion and participation in the 

electoral process, goals vital to a self-governing people.’’ 81 In 2011, 

the Court held that ‘‘governments may engage in public financing 

of election campaigns and that doing so can further significant government interest[s], such as the state interest in preventing corruption.’’ 82

Help America Run Act 

In addition to the small dollar empowerment programs, H.R. 1 

includes the Help America Run Act, which is designed to promote 

the ability of more people, including those of modest means, to run 

for office. Current regulations allow candidates to pay themselves 

salaries, although this is not a feasible option for some candidates, 

particularly first-time candidates. This provision of H.R. 1 will 

allow nonincumbent candidates to cover specific expenses such as 

childcare, elder care, health insurance, and other necessities. It is 

essential that new pathways be opened to candidates for political 

office so that our Congress can reflect the people that it represents. 

In sum, these programs reduce opportunity for corruption, increase electoral competition, and expand citizen participation so 

that government works for and is accountable to the people. 

Campaign Finance—Independent Spending and Coordination 

As discussed above, the Supreme Court held in Buckley that contribution limits are justified by a constitutional interest in curbing 

corruption and the appearance of corruption. At the same time, the 

Court has struck down limits on ‘‘independent’’ spending, most recently in Citizens United, on the theory that independent spending 

is attenuated from candidates and does not pose the same danger 

of corruption or its appearance. 

Still, due to a patchwork of laws and nonenforcement by the Federal Election Commission, new types of Super PACs have sprung 

up in recent years that essentially operate as close arms of candidate campaigns while claiming to be independent. Such singlecandidate Super PACs raised more than $176 million in the midterm 2018 alone, and more than $834 million in the 2016 presidential election.83

According to the nonpartisan Center for Responsive Politics, 

these types of Super PACs: 

focus almost exclusively on one candidate, either by advertising in support of that candidate or attacking his or her opponents. Like other Super PACs, they can raise and spend unlimited amounts of money, so they provide a convenient way for 

wealthy supporters to contribute large sums to bolster their favored candidates. Though Super PACs are supposed to operate 

independently and refrain from coordinating their strategy 

with someone running for office, these groups are often created 


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84 Id. 85 11 C.F.R. § 109.20; 109.21. 86 Buckley, 424 U.S. at 36–37. 87 Buckley, 424 U.S. at 47. 88 Colorado Republican Federal Campaign Committee v. FEC, 518 U.S. 604, 614 (1996). 89FEC v. Colorado Republican Federal Campaign Committee, 533 U.S. 431, 442 (2001). 90 Id. at 465. 91 Eric Lichtblau, ‘‘FEC Can’t Curb 2016 Election Abuse, Commission Chief Says,’’ N.Y. Times, 

May 2, 2015, https://www.nytimes.com/2015/05/03/us/politics/fec-cant-curb-2016-election-abusecommission-chief-says.html. 

and run by individuals with very close ties to the candidates 

they support.84

The ultimate concern here is that single-candidate Super PACs, 

and other unregulated coordinated spending, can be used to circumvent and eviscerate candidate contribution limits that would 

otherwise apply. If spending by outside groups and candidates is 

not actually independent—and it is coordinated—then expenditures 

are treated as in-kind contributions to candidates under federal 

law.85 Such contributions are subject to source prohibitions and 

contribution limits. This is in keeping with the Supreme Court’s 

decision in Buckley, which found that campaign expenditures coordinated with candidates can be treated as contributions to the 

candidate, because the ‘‘ultimate effect is the same as if the [spender] had contributed the dollar amount [of the expenditure] to the 

candidate.’’ 86

To be clear, the Supreme Court has said that independent spending must be done ‘‘totally independently;’’ 87 ‘‘not pursuant to any 

general or particular understanding with a candidate,’’ 88 ‘‘without 

any candidate’s approval (or wink or nod),’’ 89 and must be ‘‘truly 

independent.’’ 90

H.R. 1 uses these Court decisions to establish updated coordination standards to address the rise of single-candidate Super PACs 

and other types of coordinated spending. Its purpose is to ensure 

spending is truly independent, including by establishing new 

standards for ‘‘coordinated spenders’’ that are based on relationships between outside spenders and candidates. Revising coordination rules, as provided in the bill, furthers the government’s interest in curbing corruption and the appearance of corruption. 

Importantly, there are express protections in place to ensure that 

advocacy and lobbying activities are unaffected by updated coordination rules. For example, H.R. 1 makes clear that there can be no 

finding of coordination based solely on sharing of information regarding legislative or policy positions. 

Reforming the Federal Election Commission 

The mission of the Federal Election Commission is to administer 

and enforce federal campaign finance law. It plays a critical role in 

ensuring that the public has access to data about the raising and 

spending of money to influence federal elections, and it provides 

advice and guidance to candidates and others seeking to comply 

with federal campaign finance law. 

Unfortunately, the Commission has not been fulfilling its mission. Former FEC Chair Ann Ravel told the New York Times in 

2015 that ‘‘the likelihood of the laws being enforced is slim. . . . 

People think the F.E.C. is dysfunctional. It’s worse than dysfunctional.’’ 91


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92Office of Commissioner Ann M. Ravel, ‘‘Dysfunction and Deadlock: The Enforcement Crisis 

at the Federal Election Commission and the Unlikelihood of Draining the Swamp,’’ February 

2017, https://classic.fec.gov/members/ravel/ravelreport_feb2017.pdf. 93Tweet by FEC Chair Ellen L. Weintraub, Feb. 7, 2019, https://twitter.com/EllenLWeintraub/ 

status/1093534694828883969. 94 Bloomberg, ‘‘Trump Team’s Conflicts and Scandals: An Interactive Guide,’’ Jan. 25, 2019, 

https://www.bloomberg.com/graphics/trump-administration-conflicts/. 

An analysis by former Commissioner Ravel’s office found that the 

Commission—made up of 6 members, no more than three of whom 

can be from the same political party—has dramatically increased 

in the number of deadlocked substantive votes between 2006 and 

2016.92 Whereas in 2006, only 4.2% of enforcement cases had at 

least one deadlocked vote, in 2016, 37.5% of all enforcement cases 

had a deadlocked vote. Fines dramatically reduced in the intervening year, and the Commission has failed to enact new regulations post-Citizens United to address the rise of secret, dark money 

in elections. 

The Commission has been encumbered by numerous management challenges as well, including multiyear vacancies on the Commission itself and in key offices. The Commission has not had a 

permanent General Counsel in more than 5 years, for example. 

The result has been a lack of clear enforcement and guidance 

concerning campaign finance law. 

H.R. 1 reforms the FEC to fulfill its mission, while guarding 

against arbitrary and partisan enforcement of campaign finance 

law. It reduces the Commission from six to five commissioners, of 

whom no more than two can be affiliated with the same political 

party. An odd number of commissioners will avoid the inaction and 

dysfunction that comes with the current partisan split, as well as 

provide for an independent or minor party commissioner to break 

partisan ties. It also provides for a ‘‘blue-ribbon’’ advisory panel to 

suggest potential nominees to the President that are made public. 

This provides some accountability to the appointment process. 

Each commissioner, including the Chair, would be appointed to 

a single six-year term and would be ineligible for holdover status 

for more than one year. Currently, every member of the current 

Commission is sitting in holdover status on expired terms until the 

Senate confirms their successor. All of the currently-seated commissioners were appointed during the Bush Administration and 

none have been replaced during the subsequent two presidencies. 

H.R. 1 also reforms the enforcement process to empower the General Counsel’s office to make initial findings and recommendations, 

subject to Commission override. It is designed to reduce the growing backlog of enforcement cases, which numbered at 326 in February 2019.93

Strengthening High Ethical Standards in Congress 

Americans have witnessed an unprecedented torrent of ethical 

scandals emanating from Washington and the Trump Administration. From nepotism and influence peddling, to misuse of public 

funds, to self-enrichment, President Trump, his Administration, 

and other elected officials have stress-tested our ethics laws and 

exposed new loopholes that H.R. 1 will close. Cabinet and other 

senior officials have faced dozens of ethics and conflict-of-interest 

investigations that have led to their resignation and cast a cloud 

over their tenure.94 The ‘‘revolving door’’ continues to spin between 


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95Gallup, ‘‘Congress and the Public,’’ Jan. 2019, https://news.gallup.com/poll/1600/congresspublic.aspx. 96Gallup, ‘‘Confidence in Institutions (2018),’’ https://news.gallup.com/poll/1597/confidence-institutions.aspx. 

private industry and public service, all while the Office of Government Ethics lacks key tools to best uphold the public interest in 

high ethical standards. 

Ultimately, the cynicism emanating from these scandals threatens to undermine confidence in all levels of government, including 

Congress. According to Gallup, Americans’ job approval rating for 

Congress stands at approximately 20 percent.95 About half of the 

public said it had ‘‘very little’’ confidence in the institution.96

Americans run for Congress to make a difference in their communities and to steward the public interest. Bolstering high ethical 

standards will improve trust in the institution. Ultimately, reforms 

to ethics and transparency rules that apply to Congress improve 

democratic accountability. 

H.R. 1 enacts new congressional ethics reforms as part of this 

process. First, it requires Members of Congress to reimburse Treasury for amounts paid as settlements and awards under the Congressional Accountability Act of 1995 in all cases of employment 

discrimination acts by Members. 

It also codifies the conflict of interest rules for Members of Congress and Congressional staff. It prohibits Members, House officers, 

and other employees of the House from using their position to introduce or help pass legislation for pecuniary gain. 

It will shine a light on influence-seeking by requiring FEC campaign finance reports to be linked with Lobbying Disclosure Act reports. This will help voters hold elected officials and special interests accountable to the public interest and follow how levers of influence are linked. 

Finally, the bill will require all reports from federal agencies 

mandated by Congress to be published online in a searchable and 

downloadable database. This strengthens the public’s access to information. 

HEARINGS

On February 14, 2019, the Committee held a hearing titled ‘‘For 

the People: Our American Democracy’’ to consider many of the concerns addressed by H.R. 1. The following witnesses testified: 

Chiraag Bains, Director of Legal Strategies, Demos; Wendy Weiser, 

Director, Democracy Program, Brennan Center for Justice at NYU 

School of Law; Fred Wertheimer, President, Democracy 21; The 

Honorable Kim Wyman Secretary of State, State of Washington; 

Alejandro Rangel-Lopez Senior at Dodge City High School, Dodge 

City, Kansas, and plaintiff in LULAC & Rangel-Lopez v. Cox; Peter 

Earle, Wisconsin Civil Rights Trial Lawyer; Brandon A. Jessup, 

Data Science and Information Systems Professional; Executive Director, Michigan Forward; and David Keating, President, Institute 

for Free Speech. 


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COMMITTEE CONSIDERATION

On Tuesday, February 26, 2019, the Committee met in open session and ordered the bill, H.R. 1, as amended, favorably reported 

to the House by a rollcall vote of 6 to 3, a quorum being present. 

COMMITTEE VOTES

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the following 

rollcall votes occurred during the Committee’s consideration of H.R. 

1: 

1. Motion to report H.R. 1, as amended, favorably was agreed to 

by a rollcall vote of 6 to 3. The vote was as follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... X ......... ............. Mr. Davis (IL) ........................... ......... X .............

Mr. Raskin ................................ X ......... ............. Mr. Walker ................................ ......... X .............

Ms. Davis (CA) .......................... X ......... ............. Mr. Loudermilk ......................... ......... X .............

Mr. Butterfield .......................... X ......... .............

Ms. Fudge ................................. X ......... .............

Mr. Aguilar ................................ X ......... .............

2. The Lofgren amendment in the nature of a substitute as 

amended to H.R. 1 was agreed to by a rollcall vote of 6 to 3. The 

vote was as follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... X ......... ............. Mr. Davis (IL) ........................... ......... X .............

Mr. Raskin ................................ X ......... ............. Mr. Walker ................................ ......... X .............

Ms. Davis (CA) .......................... X ......... ............. Mr. Loudermilk ......................... ......... X .............

Mr. Butterfield .......................... X ......... .............

Ms. Fudge ................................. X ......... .............

Mr. Aguilar ................................ X ......... .............

3. An amendment offered by Mr. Davis of Illinois to strike section 

1001 was defeated by a rollcall vote of 2 to 5. The vote was as follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... ......... ............. Mr. Walker ................................ X ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... ......... ......... .............

Mr. Butterfield .......................... ......... X .............

Ms. Fudge ................................. ......... X .............

Mr. Aguilar ................................ ......... X .............

4. An amendment offered by Mr. Davis of Illinois to strike section 

1012(d) was defeated by a rollcall vote of 2 to 5. The vote was as 

follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... ......... ............. Mr. Walker ................................ X ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... ......... ......... .............

Mr. Butterfield .......................... ......... X .............

Ms. Fudge ................................. ......... X .............

Mr. Aguilar ................................ ......... X .............


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5. An amendment offered by Mr. Davis of Illinois to strike section 

1013 was defeated by a rollcall vote of 2 to 5. The vote was as follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... ......... ............. Mr. Walker ................................ X ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... ......... ......... .............

Mr. Butterfield .......................... ......... X .............

Ms. Fudge ................................. ......... X .............

Mr. Aguilar ................................ ......... X .............

6. An amendment offered by Mr. Davis of Illinois to strike section 

1014 was defeated by a rollcall vote of 3 to 5. The vote was as follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... ......... ............. Mr. Walker ................................ X ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... X ......... .............

Mr. Butterfield .......................... ......... X .............

Ms. Fudge ................................. ......... X .............

Mr. Aguilar ................................ ......... X .............

7. An amendment offered by Mr. Walker to strike section 

1015(a)(2) was defeated by a rollcall vote of 3 to 4. The vote was 

as follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... ......... ............. Mr. Walker ................................ X ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... X ......... .............

Mr. Butterfield .......................... ......... X .............

Ms. Fudge ................................. ......... X .............

Mr. Aguilar ................................ ......... ......... .............

8. An amendment offered by Mr. Davis of Illinois to strike section 

1017 was defeated by a rollcall vote of 2 to 4. The vote was as follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... ......... ............. Mr. Walker ................................ ......... ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... X ......... .............

Mr. Butterfield .......................... ......... X .............

Ms. Fudge ................................. ......... X .............

Mr. Aguilar ................................ ......... ......... .............

9. An amendment offered by Mr. Davis of Illinois to strike section 

1019(b) was defeated by a rollcall vote of 2 to 5. The vote was as 

follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... ......... ............. Mr. Walker ................................ ......... ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... X ......... .............

Mr. Butterfield .......................... ......... X .............

Ms. Fudge ................................. ......... X .............

Mr. Aguilar ................................ ......... X .............


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10. An amendment offered by Mr. Loudermilk to strike section 

1019(e) was defeated by a rollcall vote of 2 to 4. The vote was as 

follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... ......... ............. Mr. Walker ................................ ......... ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... X ......... .............

Mr. Butterfield .......................... ......... X .............

Ms. Fudge ................................. ......... ......... .............

Mr. Aguilar ................................ ......... X .............

11. An amendment offered by Mr. Davis of Illinois to strike section 1031 was defeated by a rollcall vote of 2 to 4. The vote was 

as follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... ......... ............. Mr. Walker ................................ ......... ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... X ......... .............

Mr. Butterfield .......................... ......... X .............

Ms. Fudge ................................. ......... ......... .............

Mr. Aguilar ................................ ......... X .............

12. An amendment offered by Mr. Loudermilk to strike section 

1041 was defeated by a rollcall vote of 2 to 4. The vote was as follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... ......... ............. Mr. Walker ................................ ......... ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... X ......... .............

Mr. Butterfield .......................... ......... X ............. .................................................. ......... ......... .............

Ms. Fudge ................................. ......... ......... ............. .................................................. ......... ......... .............

Mr. Aguilar ................................ ......... X ............. .................................................. ......... ......... .............

13. An amendment offered by Mr. Davis of Illinois to strike section 1502 was defeated by a rollcall vote of 2 to 4. The vote was 

as follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... ......... ............. Mr. Walker ................................ ......... ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... X ......... .............

Mr. Butterfield .......................... ......... X ............. .................................................. ......... ......... .............

Ms. Fudge ................................. ......... ......... ............. .................................................. ......... ......... .............

Mr. Aguilar ................................ ......... X ............. .................................................. ......... ......... .............

14. An amendment offered by Mr. Davis of Illinois to strike section 1504 was defeated by a rollcall vote of 3 to 5. The vote was 

as follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... ......... ............. Mr. Walker ................................ X ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... X ......... .............

Mr. Butterfield .......................... ......... X ............. .................................................. ......... ......... .............

Ms. Fudge ................................. ......... X ............. .................................................. ......... ......... .............

Mr. Aguilar ................................ ......... X ............. .................................................. ......... ......... .............


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15. An amendment offered by Mr. Loudermilk to strike section 

1601 was defeated by a rollcall vote of 2 to 4. The vote was as follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... ......... ............. Mr. Walker ................................ ......... ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... X ......... .............

Mr. Butterfield .......................... ......... X ............. .................................................. ......... ......... .............

Ms. Fudge ................................. ......... ......... ............. .................................................. ......... ......... .............

Mr. Aguilar ................................ ......... X ............. .................................................. ......... ......... .............

16. An amendment offered by Mr. Loudermilk to strike section 

1611 was defeated by a rollcall vote of 2 to 4. The vote was as follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... ......... ............. Mr. Walker ................................ ......... ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... X ......... .............

Mr. Butterfield .......................... ......... X ............. .................................................. ......... ......... .............

Ms. Fudge ................................. ......... ......... ............. .................................................. ......... ......... .............

Mr. Aguilar ................................ ......... X ............. .................................................. ......... ......... .............

17. An amendment offered by Mr. Davis of Illinois to strike section 1621 was defeated by a rollcall vote of 2 to 4. The vote was 

as follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... ......... ............. Mr. Walker ................................ ......... ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... X ......... .............

Mr. Butterfield .......................... ......... X ............. .................................................. ......... ......... .............

Ms. Fudge ................................. ......... ......... ............. .................................................. ......... ......... .............

Mr. Aguilar ................................ ......... X ............. .................................................. ......... ......... .............

18. An amendment offered by Mr. Loudermilk to strike section 

1811 was defeated by a rollcall vote of 3 to 6. The vote was as follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... X ............. Mr. Walker ................................ X ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... X ......... .............

Mr. Butterfield .......................... ......... X ............. .................................................. ......... ......... .............

Ms. Fudge ................................. ......... X ............. .................................................. ......... ......... .............

Mr. Aguilar ................................ ......... X ............. .................................................. ......... ......... .............

19. An amendment offered by Mr. Davis of Illinois to strike section 1901 was defeated by a rollcall vote of 3 to 6. The vote was 

as follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... X ............. Mr. Walker ................................ X ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... X ......... .............

Mr. Butterfield .......................... ......... X ............. .................................................. ......... ......... .............

Ms. Fudge ................................. ......... X ............. .................................................. ......... ......... .............

Mr. Aguilar ................................ ......... X ............. .................................................. ......... ......... .............


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20. An amendment offered by Mr. Loudermilk to strike section 

1904 was defeated by a rollcall vote of 3 to 6. The vote was as follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... X ............. Mr. Walker ................................ X ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... X ......... .............

Mr. Butterfield .......................... ......... X ............. .................................................. ......... ......... .............

Ms. Fudge ................................. ......... X ............. .................................................. ......... ......... .............

Mr. Aguilar ................................ ......... X ............. .................................................. ......... ......... .............

21. An amendment offered by Mr. Walker to add new subtitle 

prohibiting the collection and transmission of ballots by third parties was defeated by a rollcall vote of 2 to 6. The vote was as follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... X ............. Mr. Walker ................................ X ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... ......... ......... .............

Mr. Butterfield .......................... ......... X ............. .................................................. ......... ......... .............

Ms. Fudge ................................. ......... X ............. .................................................. ......... ......... .............

Mr. Aguilar ................................ ......... X ............. .................................................. ......... ......... .............

22. An amendment offered by Mr. Davis of Illinois to add three 

new subtitles prohibiting provision of funds to persons advocating 

for enactment was defeated by a rollcall vote of 3 to 5. The vote 

was as follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... X ............. Mr. Walker ................................ X ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... X ......... .............

Mr. Butterfield .......................... ......... X ............. .................................................. ......... ......... .............

Ms. Fudge ................................. ......... X ............. .................................................. ......... ......... .............

Mr. Aguilar ................................ ......... ......... ............. .................................................. ......... ......... .............

23. An amendment offered by Mr. Davis of Illinois to strike section 2502 was defeated by a rollcall vote of 3 to 6. The vote was 

as follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... X ............. Mr. Walker ................................ X ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... X ......... .............

Mr. Butterfield .......................... ......... X ............. .................................................. ......... ......... .............

Ms. Fudge ................................. ......... X ............. .................................................. ......... ......... .............

Mr. Aguilar ................................ ......... X ............. .................................................. ......... ......... .............

24. An amendment offered by Mr. Davis of Illinois to strike Title 

III and replace with Secure elections Act was defeated by a rollcall 

vote of 3 to 6. The vote was as follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... X ............. Mr. Walker ................................ X ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... X ......... .............

Mr. Butterfield .......................... ......... X ............. .................................................. ......... ......... .............

Ms. Fudge ................................. ......... X ............. .................................................. ......... ......... .............


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Representative Yea Nay Present Representative Yea Nay Present 

Mr. Aguilar ................................ ......... X ............. .................................................. ......... ......... .............

25. An amendment offered by Mr. Walker to strike section 4122 

was defeated by a rollcall vote of 3 to 6. The vote was as follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... X ............. Mr. Walker ................................ X ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... X ......... .............

Mr. Butterfield .......................... ......... X ............. .................................................. ......... ......... .............

Ms. Fudge ................................. ......... X ............. .................................................. ......... ......... .............

Mr. Aguilar ................................ ......... X ............. .................................................. ......... ......... .............

26. An amendment offered by Mr. Davis of Illinois to strike section 4208 was defeated by a rollcall vote of 3 to 6. The vote was 

as follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... X ............. Mr. Walker ................................ X ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... X ......... .............

Mr. Butterfield .......................... ......... X ............. .................................................. ......... ......... .............

Ms. Fudge ................................. ......... X ............. .................................................. ......... ......... .............

Mr. Aguilar ................................ ......... X ............. .................................................. ......... ......... .............

27. An amendment offered by Mr. Davis of Illinois to strike section 5101 was defeated by a rollcall vote of 3 to 5 with one Member 

abstaining. The vote was as follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... X ............. Mr. Walker ................................ X ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... X ......... .............

Mr. Butterfield .......................... ......... X ............. .................................................. ......... ......... .............

Ms. Fudge ................................. ......... ......... X .................................................. ......... ......... .............

Mr. Aguilar ................................ ......... X ............. .................................................. ......... ......... .............

28. An amendment offered by Mr. Davis of Illinois to strike section 5111 was defeated by a rollcall vote of 3 to 5 with one Member 

abstaining. The vote was as follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... X ............. Mr. Walker ................................ X ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... X ......... .............

Mr. Butterfield .......................... ......... X ............. .................................................. ......... ......... .............

Ms. Fudge ................................. ......... ......... X .................................................. ......... ......... .............

Mr. Aguilar ................................ ......... X ............. .................................................. ......... ......... .............

29. An amendment offered by Mr. Davis of Illinois to strike section to require the identification for small dollar donors under section 5111 if the aggregate of qualifying small dollar donations from 

outside the district exceed $250,000 was defeated by a rollcall vote 

of 3 to 6. The vote was as follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... X ............. Mr. Walker ................................ X ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... X ......... .............


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Representative Yea Nay Present Representative Yea Nay Present 

Mr. Butterfield .......................... ......... X ............. .................................................. ......... ......... .............

Ms. Fudge ................................. ......... X ............. .................................................. ......... ......... .............

Mr. Aguilar ................................ ......... X ............. .................................................. ......... ......... .............

30. An amendment offered by Mr. Davis of Illinois to strike subtitle A of Title VI was defeated by a rollcall vote of 3 to 6. The vote 

was as follows: 

Representative Yea Nay Present Representative Yea Nay Present 

Ms. Lofgren ............................... ......... X ............. Mr. Davis (IL) ........................... X ......... .............

Mr. Raskin ................................ ......... X ............. Mr. Walker ................................ X ......... .............

Ms. Davis (CA) .......................... ......... X ............. Mr. Loudermilk ......................... X ......... .............

Mr. Butterfield .......................... ......... X ............. .................................................. ......... ......... .............

Ms. Fudge ................................. ......... X ............. .................................................. ......... ......... .............

Mr. Aguilar ................................ ......... X ............. .................................................. ......... ......... .............

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

The objective of H.R. 1, as amended, is to improve access to the 

right to vote, promote integrity, and bolster security in our elections. It will improve transparency in campaign spending and empower more Americans to participate in the political process. H.R. 

1 will also fortify ethics laws and improve their enforcement. In 

sum, the objective is to improve the processes of American democracy to ensure that government is reflective and responsive to the 

public. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee adopts as its own the estimate of new budget authority, entitlement authority, or tax expenditures or revenues contained in the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

EARMARKS AND TAX AND TARIFF BENEFITS

H.R. 1 contains no congressional earmarks, limited tax benefits, 

or limited tariff benefits as described in clauses 9(e), 9(f), and 9(g) 

of House rule XXI. 

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate on H.R. 1, as 

amended, prepared by the Director of the Congressional Budget Office pursuant to section 402 of the Congressional Budget Act of 

1974. 


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CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate for H.R. 1, as 

amended, provided by the Congressional Budget Office pursuant to 

section 402 of the Congressional Budget Act of 1974. 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, March 1, 2019. 

Hon. ZOE LOFGREN, 

Chairperson, Committee on House Administration, 

House of Representatives, Washington, DC. 

DEAR MADAM CHAIRPERSON: The Congressional Budget Office 

has prepared the enclosed cost estimate for H.R. 1, the For the People Act of 2019. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford. 

Sincerely, 

KEITH HALL, Director. 

Enclosure. 


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dlhill on DSK3GLQ082PROD with HEARINGInsert graphic folio 164 here HR15P1.001
149 

Bill Summary 

H.R. 1 would amend and reform federal statutes governing voting rights, elections, election security, campaign finance, lobbying, 

and ethics, among numerous other provisions. The bill would reauthorize several federal agencies that oversee those statutes and 

provide new enforcement powers. Additionally, the bill would create new voluntary programs to provide public financing for elections and authorize appropriations for grants related to election 

systems and security. 

The bill would make significant changes to the operation of federal elections by states, including changes to voter access and voting systems. Those changes are primarily contained in division A. 

The bill would require states to offer online voter registration and 

automatic voter registration through state agency records (such as 

education enrollment), to expand early voting opportunities and 

permit unrestricted voting by mail, to offer same-day voter registration on election days, and to use voting systems that produce 

individual and auditable paper ballots. Division A would authorize 

additional appropriations for the Election Assistance Commission 

(EAC), authorize state grant programs, and designate election infrastructure as a critical infrastructure subsector under the Homeland Security Act. 

Division B would address campaign finance transparency, oversight, and enforcement. The bill would amend the Federal Election 

Campaign Act (FECA) to extend contribution and expenditure restrictions on foreign-controlled corporations and super political action committees (PACs), to broaden FECA disclosure and reporting 

requirements to cover entities not subject to contribution limits, 

and to apply disclosure and disclaimer requirements to paid online 

and digital communications. 

The bill would establish a pilot program to provide campaign 

contribution vouchers to eligible voters and a voluntary public financing system for campaigns for the House of Representatives. 

Similarly, the bill would amend the existing presidential public financing system. Expenditures for those programs would be limited 

to amounts designated in the proposed Freedom From Influence 

Fund. The bill would provide no source of funds for the Freedom 

From Influence Fund; without funding, those programs would not 

be implemented and thus those provisions would have no cost. 

H.R. 1 would restructure the Federal Election Commission 

(FEC), reduce the size of the FEC to five commissioners, and invest 

the chair with new powers. 

Division C would amend some existing ethics statutes, particularly concerning conflicts of interest and federal lobbying. Under 

the bill, Members of Congress would be required to reimburse the 

Treasury for certain payments under the Congressional Accountability Act. 

Estimated Federal Cost 

The estimated budgetary effects of H.R. 1 are shown in Table 1. 

Most costs of the legislation fall within budget function 800 (general government). 


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TABLE 1—ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION FOR SELECTED 

PROVISIONS a

By fiscal year, millions of dollars— 

2019 2020 2021 2022 2023 2024 2019–2024 

Voting System Grants: 

Authorization ........................... 1,020 175 0 175 0 175 1,545 

Estimated Outlays .................. 345 603 199 89 106 78 1,420 

Election Assistance Grants: 

Estimated Authorization ......... 500 0 100 50 50 50 750 

Estimated Outlays ........................... 10 200 200 240 50 50 750 

HHS Grants: 

Estimated Authorization ......... 0 50 25 25 25 25 150 

Estimated Outlays .................. 0 50 25 25 25 25 150 

EAC Reauthorization: 

Authorization ........................... 0 10 10 10 10 10 50 

Estimated Outlays .................. 0 10 10 10 10 10 50 

Bounty Program: 

Estimated Authorization ......... 0 11 11 11 11 11 55 

Estimated Outlays .................. 0 11 11 11 11 11 55 

Other DHS Provisions: 

Estimated Authorization ......... 2 3 1 3 1 3 13 

Estimated Outlays .................. 2 3 1 3 1 3 13 

Total Changes 

Estimated Authorization 1,522 249 147 274 97 274 2,563 

Estimated Outlays ......... 357 877 446 378 203 177 2,438 

DHS = Department of Homeland Security, EAC = Election Assistance Commission; HHS = Department of Health and Human Services. 

a CBO has completed an estimate of most discretionary costs under H.R. 1, however, CBO has not completed an estimate of some provisions that might cost tens of millions of dollars. 

Basis of estimate: For this estimate, CBO assumes that the legislation will be enacted in 2019 and that the specified and estimated 

amounts will be appropriated for each fiscal year, including supplemental amounts in 2019. Estimated outlays are based on historical 

patterns for existing and similar activities. 

Spending Subject to appropriation 

CBO estimates that H.R. 1 would authorize the appropriation of 

about $2.6 billion over the 2019–2024 period. Assuming appropriation of the specified and estimated amounts, CBO estimates that 

implementing those provisions would cost $2.4 billion over the 

same period. CBO has not completed an estimate of some of the 

bill’s provisions with costs that are subject to annual appropriation, 

but expects those costs would total tens of millions of dollars. 

Voting System Grants. Sections 3001 and 3011 would authorize 

the appropriation of $1,545 million over the 2019–2024 period for 

the EAC to make grants to states to improve voting technology and 

reduce cybersecurity vulnerabilities in election infrastructure. 

States could use those grants to acquire new voting systems, provide cybersecurity training to election officials, conduct security 

risk and vulnerability assessments, and other related activities. 

Based on historical data from the EAC, CBO estimates that those 

efforts would cost about $1.5 billion over the 2019–2014 period. 

Election Assistance Grants. Section 1017 would authorize the appropriation of $500 million in 2019 and whatever amounts are necessary in future years primarily for the EAC to provide grants to 

states to implement online and automatic voter registration. States 

would have to allow people to register to vote online or through an 

automated telephone-based system. States also would have to allow 

voters to update their voter information online. Based on the expeVerDate Sep 11 2014 06:13 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00154 Fmt 6659 Sfmt 6602 E:\HR\OC\HR015P1.XXX HR015P1

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rience of the EAC with other efforts to improve voting-systems, the 

number of states eligible, and the costs to create and protect online 

systems, CBO estimates those grants would cost $750 million over 

the 2019–2024 period. 

Department of Health and Human Services Grants. Section 1102 

would authorize the appropriation of whatever amounts are necessary for the Department of Health and Human Services (HHS) 

to provide states with grants to make polling places more accessible to people with disabilities. Based on the cost of similar programs, CBO estimates that implementing the provision would cost 

$150 million over the 2019–2024 period. 

Election Assistance Commission Reauthorization. Section 1911 

would permanently authorize the appropriation of operating funds 

for the EAC. Based on the amounts provided in recent years, CBO 

estimates that provision would cost $50 million over the 2020–2024 

period. 

Bounty Program. Section 3402 would authorize the Department 

of Homeland Security (DHS) to establish a program to improve the 

cybersecurity of the systems used to administer federal elections. 

The program would facilitate and encourage assessments by independent technical experts in cooperation with state and local election officials to identify and report cybersecurity vulnerabilities. 

Using information about similar programs in other federal agencies, including the Department of Defense Hack the Pentagon program, CBO estimates that implementing the program would cost 

$55 million over the 2019–2024 period. 

Other Department of Homeland Security Provisions. H.R. 1 also 

would require the EAC and DHS to complete a variety of reports, 

analyses, and other administrative actions aimed at securing the 

election process. Those measures include providing security clearances to state election officials, testing voting systems for compliance with cybersecurity guidelines, and establishing a national 

commission to protect democratic institutions. CBO estimates that, 

in total, implementing those measures would cost $13 million over 

the 2019–2024 period. 

Other Programs. CBO has not had sufficient time to estimate the 

costs of several other provisions of H.R. 1, including ones that 

would require: 

• Grants to be made by the Department of Education to institutions of higher education to register students to vote provided; 

• A voter information and response hotline to be established 

and operated by the Department of Justice; 

• Grants to be made by the National Institute of Standards 

and Technology for studies on voting by people with disabilities 

provided; and 

• Reimbursements from the EAC to be made to states for 

the costs of tracking and confirming acceptance of absentee 

ballots. 

Freedom from influence fund 

Section 541 would establish an account in the Treasury to be 

known as the Freedom From Influence Fund. That fund would be 

the sole source of funding for three programs: the My Voice Voucher Pilot Program (proposed in section 5100), a program to match 


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certain small-dollar contributions to election campaigns for the 

House of Representatives (proposed in section 5111) and the matching funds for Presidential election campaigns program (as amended 

in section 5200). 

CBO expects that the cost of operating those programs could exceed $1 billion over the next 10 years, but because H.R. 1 would 

not authorize any funds to be deposited into the Freedom From Influence Fund, any costs to implement the voucher pilot program 

and the two programs to provide matching funds would be attributed to future legislation that would provide funds for that Treasury account and not to H.R. 1. Those programs are briefly described below. 

My Voice Voucher Pilot Program. The FEC would be required to 

establish a pilot program in three states to reimburse those states 

for the cost of providing a voucher worth $25 to any eligible voter 

in the state to be used for campaign contributions in $5 increments 

for candidates for the House of Representatives. The pilot program 

would operate during the 2022 and 2024 campaign cycles. Each 

state participating in the pilot program would be limited to receiving $10 million in reimbursements from the federal government for 

each of the two campaign cycles (six states over two election cycles). The vouchers could be used as donations to qualify for the 

matching program for U.S. House elections. 

Matching Funds for Elections for the House of Representatives. 

H.R. 1 would create a program to match certain qualifying campaign contributions with federal funds for candidates running to 

serve in the House of Representatives who choose to comply with 

the program’s requirements. Generally, candidates would be able to 

accept campaign contributions of $200 or less from individual donors to receive federal matching funds at the rate of $6 for every 

$1 raised from donors. Eligible candidates would need to meet certain other fundraising thresholds, and the bill would limit the total 

matching funds available to any individual candidate. The bill 

would not limit the total cost of providing matching funds for all 

participating candidates. 

Presidential Campaign Matching Funds Program. Under current 

law, candidates for President can choose to participate in a program that matches certain campaign contributions with federal 

funds. (No candidates have participated in that program since 

2008.) H.R. 1 would modify the current program to increase the 

federal match rate of qualifying private donations to $6 for each $1 

contributed. Under the bill, the only source of funding for the 

amended program would be the Freedom From Influence Fund, 

and the program would not begin operations until the start of the 

2028 presidential campaign cycle. 

Pay-As-You-Go considerations: None. 

Increase in Long-Term Direct Spending and Deficits: None. 

Mandates 

CBO has not reviewed title I or section 2502 of H.R. 1 for intergovernmental or private-sector mandates. Section 4 of the Unfunded Mandates Reform Act excludes from the application of that 

act any legislative provision that enforces constitutional rights of 

individuals. CBO has determined that both title I and section 2502 


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fall within that exclusion because they enforce constitutional rights 

related to voting. 

Other provisions of H.R. 1 would impose intergovernmental and 

private sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). CBO estimates the cost of the mandates would 

fall below the annual thresholds for intergovernmental and privatesector mandates established in UMRA ($82 million and $164 million in 2019, respectively, adjusted annually for inflation). 

Intergovernmental Mandates 

Section 3303 would impose an intergovernmental mandate by requiring states to submit a report on the voting system each jurisdiction in the state plans to use, which would include details on 

how each jurisdiction would use electronic poll books and other 

equipment. The new report would be due 120 days before each regularly scheduled federal election. Because states report extensively 

on their election activities and have previously reported similar information, CBO estimates the cost of the mandate would be small. 

Private-Sector Mandates 

H.R. 1 would impose numerous private-sector mandates on candidates for federal office, campaign committees, political entities, 

and advertising platforms, among other entities. Several of the 

mandates, listed in more detail below, would prohibit entities from 

engaging in certain activities. In general, those mandates would 

not impose costs because they do not require any action on the part 

of the mandated entities. However, several sections would expand 

existing mandates, particularly those related to campaign finance 

disclosure and reporting. CBO expects that the aggregate cost of 

complying with these mandates would be small because most of the 

mandated entities are already subject to some form of disclosure 

and reporting requirements. For such entities, the new duties 

would impose only minor additional administrative costs. 

Campaign Finance and Disclosure Duties. Mandates related to 

campaign finance and fundraising laws would restrict certain contribution activities, require advertisement disclaimers, and considerably increase the volume of certain activities that must be reported to the FEC. 

• Section 4101 would extend FECA’s prohibition on foreign 

nationals’ making campaign contributions and expenditures to 

include corporations or partnerships that meet certain foreign 

ownership criteria. Because those entities may operate domestically, they would be considered private-sector entities under 

UMRA; thus, the new restrictions would be mandates on these 

entities. 

• Section 4102 would require certain corporate PACs to certify that their segregated campaign funds are not controlled by 

foreign nationals. 

• Section 4111 would impose reporting requirements on covered organizations that make campaign-related disbursements 

greater than $10,000 during a reporting cycle. This provision 

would require organizations to submit a statement to the FEC, 

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nation with candidates, committees, or parties; and describes 

receipts and disbursements in greater detail. • Sections 4205 and 4206 would amend the definitions of 

public communication and electioneering communication under 

FECA to include paid online and digital communications. Entities making such communications online, therefore, would be 

required to comply with existing FECA disclosure mandates. • Section 4207 would establish special disclaimer rules for 

certain Internet or digital communications placed by political 

entities. The bill would require that covered communications 

state the name of the person who paid for the communication 

or provide a source for that information. • Sections 4208 would require certain online platforms that 

sell political advertisements and meet minimum traffic thresholds to maintain a public database of requests to purchase 

qualified political advertisements in excess of $500 annually. 

This section also would require those entities to retain other 

information, including copies of the advertisements and purchasing information. • Section 4209 would require television and radio broadcasters and online platforms to make reasonable efforts to ensure that campaign communications are not purchased by foreign nationals. • Section 4302 would require the sponsors of campaign communications made on the Internet to identify the source of 

funding for such communications if not authorized by candidates or committees. • Section 4303 would require the sponsors of prerecorded 

campaign telephone calls to identify the source of funding for 

such communications in the phone call. Sections 4302 and 

4303 extend an existing disclosure mandate under FECA to 

cover such communications. • Section 6102 would add coordinated expenditures between 

candidates, parties, and super PACs to the definition of contribution under FECA, which would extend existing disclosure 

and reporting requirements to those expenditures. 

• Section 6103 would prohibit federal candidates from soliciting or receiving funds from, or transferring funds to, entities, 

including super PACs, that are not subject to certain FECA requirements. 

• Section 9202 would require political committees, people 

making independent expenditures, and people making electioneering communications to disclose whether those persons or 

certain donors are lobbyists registered under the Lobbying Disclosure Act. 

Presidential Inaugural Committees. Section 4702 would impose 

private-sector mandates on presidential inaugural committees and 

on individuals making donations to or handling donations for such 

committees. The section would prohibit inaugural committees from 

soliciting or receiving donations from an entity that is not an individual or is a foreign national and would require the committee to 

report contributions and disbursements to the FEC. Additionally, 

the section would limit the aggregate amount an individual may 

donate to an inaugural committee to $50,000 and would prohibit 

any person from making a donation to an inaugural committee in 


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the name of another person or converting a donation to personal 

use. CBO estimates the cost to comply with those mandates would 

be negligible because the additional reporting requirements are an 

extension of similar requirements in current law. The prohibitions 

would impose no direct costs on the mandated entities. 

Estimate prepared by: Federal Costs: Matthew Pickford, Dan 

Ready, and Aldo Prosperi; Mandates: Andrew Laughlin. 

Estimate reviewed by: Kim Cawley, Chief, Natural and Physical 

Resources; David Newman, Chief, Defense, International Affairs, 

and Veterans’ Affairs Unit; Susan Willie, Chief, Public and Private 

Mandates Unit; H. Samuel Papenfuss, Deputy Assistant Director 

for Budget Analysis; Theresa Gullo, Assistant Director for Budget 

Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates regarding H.R. 1, as amended, prepared by the Director of 

the Congressional Budget Office pursuant to section 423 of the Unfunded Mandates Reform Act. 

NON-DUPLICATION OF FEDERAL PROGRAMS

Pursuant to clause 3(c)(5) of House rule XIII, the committee 

states that no provision of this resolution establishes or reauthorizes a program of the Federal Government known to be duplicative 

of another Federal program, a program that was included in any 

report from the Government Accountability Office to Congress pursuant to section 21 of Public Law 111–139, or a program related 

to a program identified in the most recent Catalog of Federal Domestic Assistance. 

ADVISORY COMMITTEE STATEMENT

H.R. 1 does not establish or authorize any new advisory committees. 

APPLICABILITY TO LEGISLATIVE BRANCH

H.R. 1 does not apply to terms and conditions of employment or 

to access to public services or accommodations within the legislative branch. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

DIVISION A—VOTING

Title I—Election Access 

Subtitle A—Voter Registration Modernization 

Section 1000. Short title; statement of policy 

This section states that it is the policy of the United States that 

all eligible citizens should have free and fair access to the vote, and 

that the integrity, security, and accountability of the voting process 

must be vigilantly protected. 


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Part 1—Promoting Internet Registration 

Section 1001. Requiring availability of Internet for voter registration 

This section would amend the National Voter Registration Act to 

require the availability of online application, assistance, completion, submission, and receipt of voter registration applications. It 

would allow online signature through use of state agency databases, submitting a supplemental paper copy, a verified electronic 

copy, or other state-established means. It directs States to allow 

voters who complete all other parts of the online voter registration, 

except for the signature verification, to submit a signature upon requesting a ballot in person or by mail. Requires States to inform 

potential voters about the signature process and their rights. Requires States to certify receipt of online voter registration applications and update potential voters on the status and outcome of 

their application in a timely and direct manner by email and/ or 

postal mail. Requires that services are provided in a nonpartisan 

manner. Requires the protection of all information provided online. 

Requires that state ensure services in this section are made available to individuals with disabilities to the same extent as others. 

Allows states to use a telephone-based system that provides the 

same services as are available online. Requires that voters registered online be treated the same as those registered by mail. 

Section 1002. Use of Internet to update registration information 

This section would allow registered voters to update their registration information online. It would require States to send receipts of registration update and notice of disposition of the request. It would require that, within 7 days of an election official accepting or rejecting updated information, that an official send the 

requesting individual notice of the disposition of the update. 

Section 1003. Provision of election information by electronic mail to 

individuals registered to vote 

This section would add a space to voter registration forms for applicants to provide email addresses. Restricts the use of voter’s 

email address to official election purposes only. Requires that voters who provide an email address be sent an email not later than 

seven days before an election including providing information on 

how the voter may obtain, by electronic means, the name and address of their polling place, the hours of operation of said polling 

place, and a description of any identification required. 

Section 1004. Clarification of requirement regarding necessary information to show eligibility to vote 

This section would clarify that States shall consider an applicant 

to have provided a valid voter registration form if the applicant 

substantially completes the application and attestation and, in the 

case of online registration, the applicant provides a signature. 

Section 1005. Effective date 

This section provides that, with limited exceptions, this subtitle 

takes effect on January 1, 2020. 


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Part 2—Automatic Voter Registration 

Section 1011. Short title; findings and purpose 

States the short title of this section is the ‘‘Automatic Voter Registration Act of 2019.’’ Finds the right to vote is a fundamental 

right of citizens, that the State and Federal government are 

charged with ensuring every eligible citizen is registered to vote, 

and that existing voter registration systems are underinclusive and 

must be updated. Establishes the purpose of the bill to enable governments to register all eligible citizens, to modernize voter registration, and to protect and enhance the integrity, accuracy, efficiency, and accessibility of the U.S. electoral process. 

Section 1012. Automatic registration of eligible individuals 

This section would require chief State election officials to establish an automatic voter registration system that complies with this 

Act. Defines an automatic voter registration system, where unless 

the individual affirmatively declines to be registered, the individual 

will be registered to vote. Requires the chief State election official 

to register eligible individuals within 15 days of receiving transmitted information and to notify the individual of their voter status 

within 120 days of such information being transmitted. Outlines 

the notification and opt-out process for one-time automatic voter 

registration for existing contributing agency records in a manner 

that allows individuals to choose or decline a party affiliation, correct erroneous information, and learn more about the process. Directs chief State election officials to complete the one-time automatic voter registration within 45 days of sending notice, unless 

the individual declines to register. Allows eligible individuals above 

age 16 and under age 18 to participate in the automatic voter registration process. 

Section 1013. Contributing agency assistance in registration 

This section would require contributing agencies to assist the 

chief State election official in registering all eligible individuals 

served by the agency. Directs each contributing agency, including 

institutions of higher education, to inform confirmed, eligible citizens of the automatic voter registration process, update, and need 

to select a party affiliation if required by State law—unless they 

exercise their right to decline or do not meet the Federal qualifications. Each contributing agency shall ensure that every individual 

has the opportunity to decline to be registered to vote. Unless the 

individual declines during the 30-day notice period, each contributing agency will electronically transmit the voter registration information to the chief State election official in a compatible format. 

Further, this section prescribes that the individual’s name, date 

of birth, address, proof of citizenship, date information was collected or updated, electronic signature if available, political party 

affiliation, and any additional information required for Federal office is included in the transmission. Provides an alternate procedure for certain contributing agencies, including institutions of 

higher education that do not request confirmation of citizenship information from individuals. Requires each contributing agency to 

provide an opportunity for individuals to register to vote every time 

the individual applies for service or assistance, without regard to 


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whether an individual previously declined a registration opportunity. Defines State and Federal contributing agencies—including 

institutions of higher education that receive Federal funds. Requires the chief State election official to publish the list of contributing agencies 180 days in advance of a Federal election. Directs 

the chief State election official to educate the public about the automatic voter registration process. 

Section 1014. One-time contributing agency assistance in registration of eligible voters in existing records 

Prescribes the timeline for the initial transmission of information. 

Section 1015. Voter protection and security in automatic registration 

This section would provide protections against errors in automatic registration by affirming that a person engaging in intentional fraud in registration or voting is still punishable and prevents adverse Federal and State consequences for a person who is 

ineligible and did not know that the person should decline or did 

not mean to become registered. Prohibits a contributing agency 

from collecting information on who declines registration and prohibits election officials’ disclosure of which contributing agency a 

person visited. Limits the use of voter registration records in contexts other than voter registration, election administration, and 

prosecution of election crimes. Requires that each State maintain, 

and make publicly available electronically, records of changes to 

voter records, including removals, reasons for removals, and updates, for at least 2 years. Requires the National Institute of 

Standards and Technology to establish enhanced privacy and security standards for how states maintain the voter rolls and protect 

voters’ privacy, and requires that such standards be uniform and 

nondiscriminatory, and applied in a uniform and nondiscriminatory 

manner. States must comply with and publish those compliance 

standards. 

Further, this section would require that the chief State election 

official adopt a policy specifying each class of users with authorized 

access to the computerized statewide voter registration list and 

their level of access, and set forth safeguards to protect the privacy, 

security, and accuracy of the information on the list. Requires the 

chief executive officer of the state to annually file with the Election 

Assistance Commission (EAC) certifying compliance with the privacy and security standards offered by the National Institute of 

Standards and Technology. Failure to timely file such certification 

will result in a State not receiving payment under this section for 

the upcoming fiscal year. Allows that in the case of a State that 

requires State legislation to carry out an activity covered by the 

certification, for a period of not more than 2 years the State shall 

be permitted to make the certification notwithstanding that the 

legislation has not been enacted at the time the certification is submitted, and such State shall submit an additional certification once 

such legislation is enacted. Restricts usage of information, providing no one acting under color of law may discriminate against 

any individual based on their voter registration records, decision to 

decline to register, or their voter registration status. Further proVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00162 Fmt 6659 Sfmt 6602 E:\HR\OC\HR015P1.XXX HR015P1

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hibits use of voter registration information for commercial purposes. 

Section 1016. Registration portability and correction 

This section would permit registered voters to update and correct 

their voter registration information at the polling station and cast 

a regular ballot based upon the most current information. Requires 

election officials to update statewide voter registration lists with 

the updated or corrected information provided by the voter. 

Section 1017. Payments and grants 

This section would authorize the EAC to distribute grants to the 

states, monitor their use, and allocate funding based on a set of 

priority investments, including technological upgrades and public 

education. Authorizes an appropriation of $500,000,000 beginning 

in fiscal year 2019 to implement this Subtitle, authorizes such 

sums as may be necessary for each succeeding fiscal year, and permits funds to be available until expended. 

Section 1018. Treatment of exempt States 

This section would clarify the treatment and availability of funds 

for exempt States, including states that provide automatic voter 

registration through the motor vehicle authority of the State or 

through the permanent Dividend Fund of the State. 

Section 1019. Miscellaneous provisions 

This section would require contributing agencies to ensure that 

registration services are equally available to individuals with disabilities. Permits contributing agencies to contract with a third 

party to enable a secure transmission of voter data. Reiterates that 

contributing agencies must provide services in a nonpartisan, nondiscriminatory manner. Permits a State to communicate with an 

individual by email if provided and mandates that, for notices that 

require a response, the notified individual must be offered the opportunity to respond at no cost. Clarifies that civil enforcement and 

the private rights of action outlined in the National Voter Registration Act apply to this section. Explains that this subtitle does not 

impact other voting rights and election administration statutes. 

Section 1020. Definitions. 

This section provides definitions for Part 2 of the bill. 

Section 1021. Effective date 

This section provides that the effective date for States begins on 

January 1, 2021, although the EAC may grant extensions through 

Jan. 1, 2023 if a State certifies to the Commission it will not meet 

compliance deadlines because of extraordinary circumstances and 

includes reasons for the failure to meet said deadline. 

Part 3—Same Day Voter Registration 

Section 1031. Same day registration 

This section mandates that each State permit an eligible individual to register to vote on the day of a Federal election or when 

voting is allowed in a Federal election, such as early voting, and 


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further allows already-registered voters to update or correct registration information. Excepts states with no voter registration requirement from this mandate. Requires compliance in time for the 

regularly scheduled general election for Federal office of November 

2020. 

Part 4—Conditions on Removal on Basis of Interstate Cross-Checks 

Section. 1041. Conditions on removal of registrants from official list 

of eligible voters on basis of interstate cross-checks 

This section maintains other conditions on removal and additionally prohibits a State election official from removing a voter 

deemed ineligible in a cross-State check from a registration list unless the State obtained the voter’s full name, date of birth, and last 

four digits of their Social Security number or obtained documentation from the Electronic Registration Information Center (ERIC) 

system that the voter is no longer a resident of the State. Requires 

cross-checks to be completed at least six months ahead of an election. 

Part 5—Other Initiatives to Promote Voter Registration 

Section. 1051. Annual reports on voter registration statistics 

This section would require each State to submit an annual report 

to Congress and the EAC on voter registration statistics prescribed 

by this Title. The report will not share any voter identifying information. 

Part 6—Availability of Help America Vote Act Requirement 

Payments 

Section 1061. Availability of requirements payments under HAVA to 

cover costs of compliance with new requirements 

This section provides that a State may use a requirements payment to carry out any of the requirements of the Voter Registration 

Modernization Act of 2019. 

Part 7—Prohibiting Interference with Voter Registration 

Section 1071. [RESERVED] 

Section 1072. Establishment of Best Practices 

This section would require the EAC to develop and publish best 

practice recommendations for States to educate voters, poll workers, and election officials about illegal interference with the registration and voting process. 

Subtitle B—Access to Voting for Individuals with Disabilities 

Section 1101. Requirements for States to promote access to voter registration and voting for individuals with disabilities 

This section would mandate the availability of absentee ballots 

for individuals with disabilities. Allows for individuals with disabilities to request and receive, by mail or electronically, registration 

forms and absentee ballots. Requires State to accept and process 

any otherwise valid voter registration or absentee ballot application 


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from an individual with a disability if received by appropriate State 

election official within the deadline for the election applicable 

under Federal law. Provides absentee ballots no later than 45 days 

prior to an election, when the request has been received at least 

45 days prior to an election. Mandates a single state office responsible for providing voting-related information to individuals with 

disabilities. Requires states to provide means of electronic communication of information related to registration, voting, etc. Includes 

guidance to ensure that absentee ballots sent to voters with disabilities are the same as those returned. Includes hardship exemption 

for states incapable of providing electronic transmissions, which 

must be approved by the Attorney General. 

Section 1102. Expansion and reauthorization of grant program to 

assure voting access for individuals with disabilities 

This section would provide grants for making absentee voting 

and voting at home accessible, making polling places accessible, 

and providing accessibility solutions that are universally designed 

and provide the same opportunities to vote for individuals with and 

without disabilities. 

Subtitle C—Prohibiting Voter Caging 

Section 1201. [RESERVED] 

Section 1202. Development and adoption of best practices for preventing voter caging 

Mandates that EAC develop best practices to deter and prevent 

voter caging, include such practices in voter information materials, 

and provide information on how individuals may report allegations 

of violations of this prohibition on voter caging. 

Subtitle D—Prohibiting Deceptive Practices and Preventing Voter 

Intimidation 

[RESERVED] 

Subtitle E—Democracy Restoration 

[RESERVED] 

Subtitle F—Promoting Accuracy, Integrity, and Security Through 

Voter-Verified Permanent Paper Ballot 

Section 1501. Short title 

This section provides that this subtitle may be cited as the 

‘‘Voter Confidence and Increased Accessibility Act of 2019.’’ 

Section 1502. Paper ballot and manual counting requirements 

This section would amend the Help America Vote Act of 2002 to 

require individual, durable, voter-verified, paper ballots. Votes 

must be counted by hand or optical character recognition device. 

Provides voter an opportunity to correct ballot. Ballots are not preserved in any manner that makes it possible to associate a voter 

to the ballot without the voter’s consent. Paper ballots constitute 

an official ballot and shall be used for any recount or audit. Applies 

paper ballot requirement to all ballots cast in elections for Federal 


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office, including ballots cast by absent uniformed services voters 

and overseas voters under the Uniformed and Overseas Citizens 

Absentee Voting Act and other absentee voters. Provides a special 

rule for treatment of disputes when paper ballots have been shown, 

by clear and convincing evidence, to be compromised, and in such 

numbers that the results of the election could be changed. Provides 

that the appropriate remedy shall be made in accordance with applicable State law, except that the electronic tally may not be used 

as the exclusive basis for determining the official certified result. 

Ensures that the entire process retains alternative language accessibility standards. 

Section 1503. Accessibility and ballot verification for individuals 

with disabilities 

This section would ensure that individuals with disabilities and 

others are given an equivalent opportunity to vote, including with 

privacy and independence, in a manner that produces a voterverified paper ballot as for other voters. Allows the voter to privately and independently verify the permanent paper ballot 

through the presentation, in accessible form, of the printed or 

marked vote selections from the same printed or marked information that would be used for any vote counting or auditing; and allows the voter to privately and independently verify and cast the 

permanent paper ballot without requiring the voter to manually 

handle the paper ballot. 

Authorizes $5,000,000 for the Director of the National Science 

Foundation to make grants to at least three entities to study, test, 

and develop accessible paper ballots for public use to enhance accessibility for voters with disabilities, voters whose primary language is not English, and/or voters who have difficulties with literacy. 

Section 1504. Durability and readability requirements for ballots 

This section would require that all voter-verified ballots are 

printed on durable paper that is able to maintain the accuracy and 

integrity of the ballot over repeated handling. 

Section 1505. Effective date for new requirements 

This section would require each State and jurisdiction be in compliance on and after January 1, 2020. 

Subtitle G—Provisional Ballots 

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

This section would require that a provisional ballot shall be 

counted for statewide election, notwithstanding at which polling 

place it was cast. Each State shall establish uniform and nondiscriminatory standards for the issuance, handling, and counting 

of provisional ballots for elections held on or after January 1, 2020. 


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Subtitle H—Early Voting 

Section 1611. Early Voting 

This section would require early voting in Federal elections to 

occur for at least 15 consecutive days, including weekends, of no 

less than 4 uniform hours each day, and notes that the early voting 

should occur within walking distance to public transportation. Requires the EAC to establish voluntary early voting standards. 

Standards shall include the nondiscriminatory geographic placement of polling places at which such voting occurs. Standards shall 

permit States, upon providing adequate public notice, to deviate 

from any requirement in the case of unforeseen circumstances such 

as a natural disaster, terrorist attack, or a change in voter turnout. 

Makes this section effective to elections held on or after January 

1, 2020. 

Subtitle I—Voting by Mail 

Section 1621. Voting by Mail 

This section would prohibit any additional conditions or requirements to voting by mail, other than deadlines for requesting and 

returning the ballot. Requires State to verify voter’s identity by signature comparison in order for absentee ballot to be accepted. Provides due process protections specific to signature verification, including provision of an immediate notice and opportunity to cure 

any discrepancy before making final determination on ballot’s validity. Also notes an election official may not determine signature 

discrepancy unless at least two officials make the same determination, and each official has received training in procedures to verify 

signatures. State or local election officials will ensure that the ballot and voting materials are received by the individual at least two 

weeks before the date of a Federal election or as expeditiously as 

possible if the State’s deadline to request a ballot is less than two 

weeks. Ensures that all absentee ballots and voting materials are 

equally accessibly to voters with disabilities. Establishes that State 

and local elected officials must accept any otherwise-appropriate 

ballot postmarked on or before the date of a Federal election. Certifies that this title has no effect on ballots cast by military and 

overseas voters. The effective date of this section is on or after January 1, 2020. Directs the EAC to establish voluntary vote by mail 

standards by June 30, 2020. Directs National Institute of Standards, in consultation with EAC, to develop standards for use of biometric methods which can be used voluntarily in place of signature 

verification requirements for purposes of verifying identity of individual voting by absentee ballot in Federal election. Provides for 

notice and comment, and publication of standards not later than a 

year after enactment of this Act. 

Subtitle J—Absent Uniformed Services Voters and Overseas Voters 

Section 1701. Pre-election reports on availability and transmission 

of absentee ballots 

This section would require reports 55 days prior to an election 

certifying that absentee ballots will be available for uniformed 

services voters and overseas voters by not later than 45 days prior 


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to election. Requires report 43 days prior to election confirming 

that ballots have been sent. Not later than 90 days after election, 

requires report on combined number of absentee ballots transmitted to absent uniformed services voters and overseas voters and 

the combined number of such ballots that were returned by such 

voters and cast in the election. 

Section 1702. Enforcement 

This section would enable the Attorney General to bring a civil 

action for declaratory or injunctive relief. Allows civil penalty up to 

$110,000 for first and up to $220,000 for each subsequent violation. 

The Attorney General must report to Congress by end of each year 

on any civil actions brought against states. Provides for private 

right of action for declaratory or injunctive relief. Clarifies that the 

State is the only necessary party defendant. Makes the effective 

date of this section the day of enactment of this Act. 

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

This section would require express delivery of ballots if a State 

misses the 45-day deadline. Requires States to enable express delivery for ballots to be returned if sent fewer than 40 days prior 

to election. Clarifies 45 days prior to an election, or most recent 

weekday which proceeds 45th day in case of weekend or public holiday. 

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

This section would require States to send absentee ballots for 

each subsequent election after an official post card form has been 

submitted, except for when a voter notifies the State that voter no 

longer wishes to be registered to vote in the State or has registered 

in another State or is otherwise no longer eligible to vote in the 

State. Prohibits State from refusing an application for absentee 

ballot because it was sent before the first date on which the State 

otherwise accepts. 

Section 1705. Effective date 

This section would provide that this subtitle applies to every 

election occurring after January 1, 2020. 

Subtitle K—Poll Worker Recruitment and Training 

Section 1801. [RESERVED] 

Section 1802. Grants to States for poll worker recruitment and 

training 

This section would provide that the EAC may make grants to 

States for recruiting and training non-partisan poll workers. Grant 

recipients must use EAC materials. Amount of grant equal to product of aggregate amount made available for grants to States under 

this section and proportion of voting age population of the state. 

States must submit reports 6 months after final grant is made. 

Election Assistance Commission must submit report to Congress no 

later than one year after grant is made. 


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Section 1803. State defined 

This section would define the term ‘‘State’’ to include the District 

of Columbia, the Commonwealth of Puerto Rico, Guam, American 

Samoa, the United States Virgin Islands, and the Commonwealth 

of the Northern Mariana Islands. 

Subtitle L—Enhancement of Enforcement 

Section 1811. Enhancement of enforcement of Help America Vote 

Act of 2002 

This section would permit an individual to file a complaint, with 

Attorney General, to a State-based administrative complaint processing entity. Provides for a private right of action. Does not affect 

any administrative remedies made available by the State. This title 

applies to any violation for Federal elections held beginning in 

2020. 

Subtitle M—Federal Election Integrity 

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

This section provides that Chief State election administration officials may not take part in a Federal office campaign over which 

such official has supervisory authority, including serving as a member of an authorized committee of a candidate, using official authority to affect the result, or taking part in contributions on behalf 

of any candidate. Exception for when official or immediate family 

member is a candidate, as long as the official recuses themselves 

from all official responsibilities for the administration of such election, and the official who then assumes those responsibilities for 

supervising the administration of the election does not report directly to such official. Defines immediate family member as a father, mother, son, daughter, brother, sister, husband, wife, fatherin-law, or mother-in-law. Federal elections held after December 

2019 must comply with this section. 

Subtitle N—Promoting Voter Access Through Election 

Administration Improvements 

Part 1—Promoting Voter Access 

Section 1901. Treatment of universities as voter registration agencies 

This section would designate institutions of higher education as 

voter registration agencies subject to the requirements of the National Voter Registration Act if the institution does not already 

serve as a contributing agency for the purpose of the automatic 

voter registration provisions of the bill. Requires an institution to 

designate a Campus Vote Coordinator, who shall provide assistance 

and information to students related to voting and registering to 

vote. Authorizes the Secretary of Education to administer grants to 

institutions that exceed the ‘‘good faith’’ requirements of paragraph 

23 of the Higher Education Act. Includes a sense of Congress that 

students of these institutions have the options of registering either 

in the state of the institution or the state of their domicile. 


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Section 1902. Minimum notification requirements for voters affected 

by polling place changes 

This section would require States to notify an individual, not 

later than 7 seven days before election, that a voter’s polling place 

has changed. If the reassignment is made fewer than seven days 

before the election and the individual appears on the date of the 

election at the previously-assigned polling place, the State must 

make every reasonable effort to enable the individual to vote on the 

date of the election. 

Section 1903. [RESERVED] 

Section 1904. Permitting use of sworn written statement to meet 

identification requirements for voting 

This section would provide that if a State has an identification 

requirement, the State shall permit any individual who is not a 

first-time voter who registered by mail, to submit a sworn written 

statement under penalty of perjury to attest to the individual’s 

identification and eligibility to vote in a Federal election. Requires 

EAC to create a standardized form for this purpose, to ensure 

forms are clear and prevent any state effort that, inadvertently or 

otherwise, causes the voter ID alternative form to be intimidating 

or confusing. Applicable States must provide a pre-printed copy of 

the certification statement at polling places or with absentee ballot 

information. Any individual who presents a sworn written statement shall be permitted to cast a regular ballot in the same manner as an individual who presents identification. Requires States to 

include information about the right for voters to sign a sworn, written statement in all voting information material posted at the polling place. This section is applicable upon enactment. 

Section 1905. [RESERVED] 

Section 1906. Reimbursement for costs incurred by States in establishing program to track and confirm receipt of absentee ballots 

This section would enable States to use Help America Vote Act 

funds for the costs of establishing a program to establish an absentee ballot tracking program with respect to Federal elections. The 

program should collect information on whether the vote was counted, and if the vote was not counted explain the justification for its 

exclusion. Permits State and local officials to use a toll-free telephone number for voters to obtain this information if the State or 

local election office does not have an Internet site. The State must 

submit a statement certifying the creation of an absentee ballot 

tracking program and costs incurred with the program to the EAC 

in order to receive a payment for this program. Reimbursements 

may not exceed the product of the number of jurisdictions in which 

the State is responsible for operating the program and $3,000. Such 

sums as necessary are authorized for the purpose of the section, 

and these funds are available until expended. 

Section 1907. Voter information response systems and hotline 

This section would require the Attorney General to develop a 

state-based response system and hotline that provides information 

on voting, including voter registration, location and hours of polling 


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places, and how to obtain absentee ballots, and provides immediate 

assistance to individuals encountering problems with registering to 

vote or voting. Attorney General shall ensure that the response 

system & hotline are developed in consultation with civil rights 

and voting rights organizations, State and local election officials, 

voter protection groups, and other interested community organizations, especially those that have experience in the operation of 

similar systems and services. Hotline allows individuals to report 

information on problems encountered in registering or voting, including intimidation or suppression. Hotline must be usable by individuals with disabilities and those with limited proficiency in the 

English language. Establishes a Task Force to provide ongoing 

analysis of operation of Hotline. In determining members, there is 

a preference to civil rights organizations. To be eligible to serve on 

the Task Force, one must not have been convicted of any criminal 

offense relating to voter intimidation or suppression. Terms last for 

two years, and the position is uncompensated. Requires the Attorney General to report to Congress no later than March 1st every 

odd-numbered year, description of the reports made, assessment of 

the effectiveness of the service, and any recommendations developed by the Task Force. Appropriates such sums as may be necessary and notes that not less than 15% of appropriations must be 

used for public awareness of availability of Hotline with an emphasis on outreach to individuals with disabilities and individuals with 

limited English language proficiency. 

Part 2—Improvements in Operation of Election Assistance 

Section 1911. Reauthorization of Election Assistance Commission 

This section would provide for reauthorization of the EAC. 

Section 1913. Requiring states to participate in post-general election 

surveys 

This section would require each State to comply with any EAC 

request for a post-election survey following any regularly scheduled 

general election for Federal office beginning in November 2020. 

Section 1914. Reports by National Institute of Standards and Technology on use of funds transferred from Election Assistance 

Commission 

This section would require the Director of the National Institute 

of Standards and Technology to certify, at the time of any transfer 

of funds from the EAC, that the Director will submit a report to 

the Commission within 90 days of the end of the fiscal year detailing how the Director used the funds. This section is applicable beginning in fiscal year 2020. 

Section 1915. Recommendations to improve operations of Election 

Assistance Commission 

This section would direct the EAC to assess the security, cybersecurity, and effectiveness of the Commission’s information technology systems. Requires the EAC to carry out a review of the effectiveness and efficiency of the State-based Help America Vote Act 

administrative complaint procedures for the investigation and resolution of allegations and violations. Requires the Commission to 


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submit a report to Congress, not later than December 31, 2019 on 

these findings and recommendations to streamline and improve administrative procedures. 

Section 1916. Repeal of exemption of Election Assistance Commission from certain government contracting requirements 

This section would repeal certain existing contracting exemptions 

for the EAC. 

Part 3—Miscellaneous Provisions 

Section 1921. Application of laws to Commonwealth of Northern 

Mariana Islands 

This section would amend the National Voter Registration Act of 

1993 and the Help America Vote Act of 2002 to include the Commonwealth of the Northern Mariana Islands, alongside the States 

and the District of Columbia. 

Section 1922. No effect on other laws 

This section would provide that, except as specifically provided, 

nothing in this subtitle may be construed to authorize or require 

conduct prohibited under the following laws, or to supersede, restrict, or limit the application of such laws: The Voting Rights Act 

of 1965, The Voting Accessibility for the Elderly and Handicapped 

Act, The Uniformed and Overseas Citizens Absentee Voting Act, 

The National Voter Registration Act of 1993, The Americans with 

Disabilities Act of 1990, and the Rehabilitation Act of 1973. Provides that the approval of a payment or grant under this title, or 

any action taken under this title, shall have no effect on 

preclearance or other requirements under the Voting Rights Act. 

Provides that nothing in this title or its amendments may be construed to prohibit States from providing greater opportunities to 

register to vote or vote than are provided by this title, creating a 

floor and not a ceiling for State action. 

Subtitle O—Severability Clause 

Section 1931. Severability 

This section would establish severability such that the application of the provisions of this title and amendments made by this 

title shall not be affected by a holding finding any provision of the 

title or amendment made by the title unconstitutional. 


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Title II—Election INTEGRITY 

Subtitle A—[RESERVED] 

Subtitle B—[RESERVED] 

Subtitle C—[RESERVED] 

Subtitle D—[RESERVED] 

Subtitle E—[RESERVED] 

Subtitle F—Saving Eligible Voters from Voter Purging 

Section 2501. Short Title 

This section would provide that this subtitle may be cited as the 

‘‘Stop Automatically Voiding Eligible Voters Off Their Enlisted 

Rolls in States Act’’ or the ‘‘Save Voters Act.’’ 

Section 2502. Conditions for Removal of Voters from List of Registered Voters 

This section would, in response to the Supreme Court decision in 

Husted v. A. Philip Randolph Institute (584 U.S. lll; 138 S. Ct. 

1833 (2018)) amend the National Voter Registration Act (NVRA) 

and the Help American Vote Act (HAVA) to prohibit states from 

using failure to vote as a trigger to begin a process of removing voters from the voter rolls. Currently, states must have ‘‘objective and 

reliable evidence’’ of an address change in order for the removal 

process to begin. Sets out conditions for removal from official list 

of registered voters, and provides that the following shall not be 

treated as objective and reliable evidence: failure to vote in any 

election, failure to respond to notice under NVRA unless returned 

as undeliverable, or failure to take any other action with respect 

to voting or one’s status as a registrant. Also requires States to 

send individualized notice to removed registrant not later than 48 

hours after removal, including the grounds for the removal, and 

how to contest removal or be reinstated. Provides exceptions for 

registrant who confirms in writing ineligibility to vote or is confirmed deceased. Requires public notice that list maintenance is 

taking place and registrants should check their registration status 

no later than 48 hours after conducting any general program to remove the names of ineligible voters from the official list of eligible 

voters. Provides that a state may not transmit a removal notice to 

registrant unless State obtains objective and reliable evidence that 

the registrant has changed residence to a place outside the registrar’s jurisdiction. Also amends HAVA to include the ‘‘objective 

and reliable evidence’’ standard to ensure that failure to vote does 

not trigger the HAVA removal process. 

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

Opportunities for Voting 

Section 2601. No Effect on Authority of States to Provide Greater 

Opportunities for Voting 

This section would provide that nothing in this title or its 

amendments may be construed to prohibit States from providing 


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greater opportunities to register to vote or vote than are provided 

by this title, creating a floor and not a ceiling for State action. 

Subtitle H—Severability Clause 

Section 2701. Severability 

This section would establish severability such that the application of the provisions of this title and amendments made by this 

title shall not be affected by a holding finding any provision of the 

title or amendment made by the title unconstitutional. 

Title III—Election Security 

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 

This section would amend Subtitle D of Part II of the Help America Vote Act of 2002 to direct the EAC to make available grants 

for states to replace voting machines that are not compliant paper 

ballot voting systems or do not meet the most recent voluntary voting systems guidelines promulgated by the Commission, as well as 

carry out voting system security improvements. Compliant paper 

ballot voting systems must meet the requirements of the Voter 

Confidence and Increased Accessibility Act of 2019. 

Further, provides that the amount of a grant made to a State 

shall be determined by the Commission but shall not be less than 

$1 multiplied by the average number of individuals who cast votes 

in any two of the most recent regularly scheduled general elections 

for Federal Office held in the State. In the event that Congress appropriates insufficient funds to provide States the amount directed 

under subsection (b), there shall be a pro rata reduction. Also provides that to the greatest extent practicable, an eligible State 

which receives a grant to replace a voting system under this section shall ensure such replacement system is capable of administering a system of ranked choice voting. 

Further, this section defines eligible voting system improvements 

as: (1) The acquisition of goods and services from qualified election 

infrastructure vendors by purchase, lease, or such other arrangements as may be appropriate; (2) Cyber and risk mitigation training; (3) A security risk and vulnerability assessment of the State’s 

election infrastructure which is carried out by a provider of cybersecurity services under a contract entered into between the chief 

State election official and the provider; (4) The maintenance of election infrastructure, including addressing risks and vulnerabilities 

which are identified under either of the security risk and vulnerability assessments described in paragraph (3), except that none of 

the funds provided under this part may be used to renovate or replace a building or facility which is used primarily for purposes 

other than the administration of elections for public office; (5) Providing increased technical support for any information technology 

infrastructure that the chief State election official deems to be part 

of the State’s election infrastructure or designates as critical to the 


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operation of the State’s election infrastructure; (6) Enhancing the 

cybersecurity and operations of the information technology infrastructure described in paragraph (4); and (7) Enhancing the cybersecurity of voter registration systems. 

Defines a ‘‘qualified election infrastructure vendor’’ as any person 

who provides, supports, or maintains, or who seeks to provide, support, or maintain, election infrastructure on behalf of a State, unit 

of local government, or election agency who meets certain criteria 

established by the Chair of the EAC and the Secretary of Homeland Security. 

Directs the Chair of the EAC and the Secretary of Homeland Security to include the following in the criteria a person must meet 

to be considered a ‘‘qualified election infrastructure vendor’’: (1) the 

vendor must be owned and controlled by a citizen or permanent 

resident of the United States; (2) the vendor must disclose to the 

Chairman and the Secretary, and to the chief State election official 

of any State to which the vendor provides any goods and services 

with funds provided under this part, of any sourcing outside the 

United States for parts of the election infrastructure; (3) the vendor 

agrees to ensure that the election infrastructure will be developed 

and maintained in a manner that is consistent with the cybersecurity best practices issued by the Technical Guidelines Development 

Committee; (4) the vendor agrees to maintain its information technology infrastructure in a manner that is consistent with the cybersecurity best practices issued by the Technical Guidelines Development Committee; (5) the vendor agrees to meet the notification requirement defined herein with respect to any known or suspected 

cybersecurity incidents involving any of the goods and services provided by the vendor pursuant to a grant under this part; and (6) 

the vendor agrees to permit independent security testing by the 

Commission. 

Requires ‘‘qualified election infrastructure vendors,’’ upon learning of a potential cybersecurity incident, to assess whether such incident occurred and to notify the Chair of the Election Assistance 

Commission and the Secretary of Homeland Security within three 

days. The ‘‘qualified election infrastructure vendor’’ must also inform any potentially impacted election security agency within three 

days and cooperate with agency in providing any further notifications necessary. The ‘‘qualified election infrastructure vendor’’ must 

provide ongoing updates to the Chair of the Election Assistance 

Commission, the Secretary of Homeland Security, and the affected 

election security agency. 

The notification ‘‘qualified election infrastructure vendors’’ must 

provide the Chair of the Election Assistance Commission, the Secretary of Homeland Security, and the affected election security 

agency must include the following: (1) the date, time, and time 

zone when the election cybersecurity incident began, if known; (2) 

the date, time, and time zone when the election cybersecurity incident was detected; (3) The date, time, and duration of the election 

cybersecurity incident; (4) the circumstances of the election cybersecurity incident, including the specific election infrastructure systems believed to have been accessed and information acquired, if 

any; (5) Any planned and implemented technical measures to respond to and recover from the incident; (6) In the case of any notification which is an update to a prior notification; and (7) any addiVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00175 Fmt 6659 Sfmt 6602 E:\HR\OC\HR015P1.XXX HR015P1

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tional material information relating to the incident, including technical data, as it becomes available. 

To be eligible for a grant, a State must: (1) describe of how the 

it will use the grant to carry out the activities authorized under 

this part; (2) a certify and assure that, not later than 5 years after 

receiving the grant, the State will implement risk limiting audits; 

and (3) provide such other information and assurances as the Commission may require. 

Requires the EAC to, not later than 90 days after the end of each 

fiscal year, the Commission shall submit a report to the appropriate congressional committees, including the Committees on 

Homeland Security and House Administration of the House of Representatives and the Committees on Homeland Security and Governmental Affairs and Rules and Administration of the Senate, on 

the activities carried out with the funds provided under this part. 

Authorizes $1 billion for FY 2019. Authorizes $175 million for FY 

2020, 2022, 2024, and 2026. 

Section 3002. Coordination of Voting System Security Activities 

with Use of Requirements Payments and Election Administration Requirements under Help America Vote Act of 2002 

This section would add the Secretary of Homeland Security, or 

the Secretary’s designee, to the Board of Advisors of the EAC. Adds 

a Representative from the Department of Homeland Security to the 

Technical Guidelines Development Committee. 

Further, this section would direct the EAC to consult with the 

Department of Homeland Security in conducting periodic studies 

on election administration and adds to the objectives of the periodic 

studies ensuring the integrity of elections against interference 

through cyber means. Amends the allowable uses of requirements 

payments under the Help America Vote Act of 2002 to include election security, including cyber training for election officials, technical support, enhancing cybersecurity of information systems, and 

enhancing cybersecurity of voter registration databases. Requires 

States to include protection of election infrastructure into their 

State plans developed pursuant to 53 U.S.C. 21004. 

Requires the Committee responsible for developing State plans 

pursuant to 53 U.S.C. 21004 to be comprised of representatives 

from Cities, towns, Indian tribes, and rural areas, as appropriate. 

Requires States to undertake measures to prevent and deter cybersecurity incidents, as identified by the Commission, the Secretary of Homeland Security, and the Technical Guidelines Development Committee, of computerized voter registration databases. 

Section 3003. Incorporation of Definitions 

Amends the Help America Vote Act to include the definitions of 

‘‘cybersecurity incident’’ (6 U.S.C. 148), ‘‘election infrastructure’’ 

(Election Security Act), and ‘‘State’’ (States, DC, Puerto Rico, 

Guam, American Samoa, USVI, Northern Mariana Islands). 


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Part 2—Grants for Risk-Limiting Audits of Results of Elections 

Section 3011. Grants to States for Conducting Risk-Limiting Audits 

of Results of Elections 

This section would authorize $20 million in grants for the EAC 

to provide to States to implement risk-limiting audits for regularly 

scheduled general elections for Federal office. Describes risk-limiting audit. Establishes guidelines for eligibility of States to receive 

funding, including requiring States to certify that: (1) it will conduct risk-limiting audits of the results of elections for Federal offices within five years; (2) the Chief election official of the State 

will establish rules and procedures for performing risk-limiting audits within one year of enactment; (3) the audit will be completed 

by the time the State certified election results; (4) the State will 

publish a report on the results of the audit; (5) if the audit leads 

to a full manual tally of an election, State law requires the manual 

tally to be the official results of the election; and (6) any other information the EAC requires. 

Section 3012. GAO Analysis of Effects of Audits 

This section would require the Government Accountability Office 

to do an analysis of the extent to which risk-limiting audits have 

improved election administration. 

Part 3—Election Infrastructure Innovation Grant Program 

Section 3021. Election Infrastructure Innovation Grant Program. 

[RESERVED] 

Subtitle B—Security Measures 

Section 3101. Election Infrastructure Designation 

This section amends the Homeland Security Act of 2002 to include ‘‘election infrastructure’’ as a subsector of the ‘‘government facilities’’ critical infrastructure sector. 

Section 3102. Timely Threat Information 

This section would amend the Homeland Security Act of 2002 to 

direct the Secretary of Homeland Security to provide timely threat 

information regarding election infrastructure to the chief State 

election official of the State with respect to which such information 

pertains. 

Section 3103. Security Clearance Assistance for Election Officials 

This section would authorize the Secretary to expedite security 

clearances for chief State election officials and other appropriate 

State personnel involved in the administration of elections, sponsor 

security clearances for election officials, and facilitate temporary 

clearances for State election officials as necessary. 

Section 3104. Security Risk and Vulnerability Assessments 

This section would clarify that the Department of Homeland Security shall provide ‘‘risk and vulnerability assessments’’ as a component of ‘‘risk management support.’’ Directs the Secretary to provide within 90 days a risk and vulnerability assessment on election 

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retary must notify the State if the Department of Homeland Security is unable to commence the risk and vulnerability assessment 

within 90 days. 

Section 3105. Annual Reports 

This section would require the Secretary of Homeland Security 

to report to appropriate congressional committees, within one year 

of enactment and annually thereafter through 2026, information on 

the Department of Homeland Security’s efforts to assist States in 

securing election infrastructure, including how many States it 

helped, which States it helped, how many clearances it sponsored 

in each State, and a list of States for which it was unable to provide risk and vulnerability assessments, among other things. The 

Secretary of Homeland Security and the Director of National Intelligence, in coordination with the heads of appropriate Federal agencies, shall, 90 days after the end of each fiscal year, provide to appropriate congressional committees a report on foreign threats to 

elections, including physical and cybersecurity threats. The Secretary of Homeland Security must solicit and consider information 

for States for purposes of preparing the reports required under this 

section. 

Subtitle C—Enhancing Protection for United States Democratic 

Institutions 

Section 3201. National Strategy to Protect United States Democratic 

Institutions 

This section would require the Secretary of Homeland Security, 

in consultation with the Secretary of Defense, the Secretary of 

State, the Attorney General, the Secretary of Education, the Director of National Intelligence, the Chairman of the Federal Election 

Commission, and the heads of any other appropriate Federal agencies, to issue a national strategy to protect against cyber-attacks, 

influence operations, disinformation campaigns, and other activities 

that could undermine the security and integrity of United States 

democratic institutions. 

Requires the national strategy to consider: (1) The threat of a 

foreign state actor, foreign terrorist organization (as designated 

pursuant to section 219 of the Immigration and Nationality Act (8 

U.S.C. 1189)), or a domestic actor carrying out a cyber-attack, influence operation, disinformation campaign, or other activity aimed 

at undermining the security and integrity of United States democratic institutions; (2) The extent to which United States democratic institutions are vulnerable to a cyber-attack influence operation, disinformation campaign, or other activity aimed at undermining the security and integrity of such democratic institutions; 

(3) Potential consequences, such as an erosion of public trust or an 

undermining of the rule of law that could result from a successful 

cyber-attack, influence operation, disinformation campaign, or 

other activity aimed at undermining the security and integrity of 

United States democratic institutions; (4) Lessons learned from 

other Western governments the institutions of which were subject 

to a cyber-attack, influence operation, disinformation campaign, or 

other activity aimed at undermining the security and integrity of 

such institutions, as well as actions that could be taken by the 


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United States Government to bolster collaboration with foreign 

partners to detect, deter, prevent, and counter such activities; (5) 

Potential impacts such as an erosion of public trust in democratic 

institutions as could be associated with a successful cyber breach 

or other activity negatively-affecting election infrastructure; (6) 

Roles and responsibilities of the Secretary of Homeland Security. 

the Chairman, and the heads of other Federal entities and nonFederal entities, including chief State election officials and representatives of multi-state information sharing and analysis center; 

and (7) Any findings, conclusions, and recommendations to 

strengthen protections for United States democratic institutions 

that have been agreed to by a majority of Commission members on 

the National Commission to Protect United States Democratic Institutions, authorized pursuant to section 32002. 

Requires the President, acting through the Secretary of Homeland Security, in Coordination with the Chair of the Commission, 

to issue an implementation plan of the national strategy within 90 

days, which includes the following: (1) strategic objectives and corresponding tasks; (2) projected timelines and costs; and (3) metrics 

to evaluate performance. Requires the strategy to be unclassified 

but allows a classified annex. 

Section 3202. National Commission to Protect United States Democratic Institutions 

This section would establish within the legislative branch the 

National Commission to Protect United States Democratic Institutions to counter efforts to undermine democratic institutions with 

in the United States. Describes the composition of the Commission 

as including 10 members appointed for the life of the Commission 

as follows: (1) One member shall be appointed by the Secretary of 

Homeland Security; (2) One member shall be appointed by the 

Chairman; (3) 2 members shall be appointed by the majority leader 

of the Senate, in consultation with the Chairman of the Committee 

on Homeland Security and Governmental Affairs and the Chairman of the Committee on Rules and Administration; (4) 2 members 

shall be appointed by the minority leader of the Senate, in consultation with the ranking minority member of the Committee on 

Homeland Security and Governmental Affairs and the ranking minority member of the Committee on Rules and Administration; (5) 

2 members shall be appointed by the Speaker of the House of Representatives, in consultation with the Chairman of the Committee 

on Homeland Security and the Chairman of the Committee on 

House Administration; and (6) 2 members shall be appointed by 

the minority leader of the House of Representatives, in consultation 

with the ranking minority member of the Committee on Homeland 

Security and the ranking minority member of the Committee on 

House Administration. 

Establishes that individuals shall be selected for appointment to 

the Commission solely on the basis of their professional qualifications, achievements, public stature, experience, and expertise in 

relevant fields, including, but not limited to cybersecurity, national 

security, and the Constitution of the United States. Bars members 

from receiving compensation for service on the Commission but 

permits reimbursement of certain expenses. Requires members to 

be appointed by 60 days after the date of the enactment. Provides 


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that a vacancy on the Commission shall not affect its powers and 

shall be filled in the manner in which the original appointment 

was made. The appointment of the replacement member shall be 

made not later than 60 days after the date on which the vacancy 

occurs. 

Establishes the powers of the Commission, including the authority to hold hearings and receive evidence, enter into contracts to 

enable the Commission to perform its responsibilities, and receive 

support on a reimbursable basis from the Administrator of General 

Services and other Federal agencies. Requires any public meetings 

to be held in a manner that protects the information provided or 

developed by the Commission. Directs Federal agencies to provide 

Commission members and staff appropriate clearances expeditiously. Authorizes the Commission to provide to the President and 

Congress interim reports. Requires the Commission to Provide a 

final report to the President and Congress within 18 months of enactment. Provides that the Commission shall terminate 60 days 

after the Commission submits its final report. 

Subtitle D—Promoting Cybersecurity Through Improvements in 

Election Administration 

Section 3301. Testing of Existing Voting Systems to Ensure Compliance with Election Cybersecurity Guidelines and Other Guidelines 

This section would amend the Helps America Vote Act to require 

the Commission to provide, 9 months prior to regularly scheduled 

Federal elections, for the testing by accredited laboratories under 

this section of the voting system hardware and software which was 

certified for use in the most recent such election, on the basis of 

the most recent voting system guide lines applicable to such hardware or software (including election cybersecurity guidelines) 

issued under this Act. Requires the EAC to decertify any hardware 

or software the Commission determines does not meet the most recent guidelines. This section applies to the regularly scheduled general election for Federal office held in November 2020 and each 

succeeding regularly scheduled general election for Federal office. 

Amends the Help America Vote Act to require the Technical 

Guidelines Development Committee within the EAC to, within six 

months of enactment, issue election cybersecurity guidelines, including standards and best practices for procuring, maintaining, 

testing, operating, and updating election systems to prevent and 

deter cybersecurity incidents. 

Section 3302. Treatment of Electronic Poll Books as Part of Voting 

Systems 

This section would amend the Help America Vote Act of 2002 to 

include Electronic Poll Books as part of Voting Systems. Defines 

electronic poll book as the total combination of mechanical, 

electromechanical, or electronic equipment (including the software, 

firmware, and documentation required to program, control, and 

support the equipment) that is used: (1) to retain the list of registered voters at a polling location, or vote center, or other location 

at which voters cast votes in an election for Federal office; and (2) 

to identify registered voters who are eligible to vote in an election. 


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Section 3303. Pre-Election Reports on Voting System Usage 

This section would require the Chief State Election Official of 

each states to submit a report to the EAC containing detailed voting system usage information 120 prior to any regularly scheduled 

election for Federal office. 

Section 3304. Streamlining collection of election information 

This section would waive subchapter I of chapter 35 of title 44, 

United States Code for purposes of maintaining the clearinghouse 

described in this section. 

Subtitle E—Preventing Election Hacking 

Section 3402. Election Security Bug Bounty Program 

This section would require the Secretary to establish the ‘‘Election Security Bug Bounty Program’’ to improve the cybersecurity of 

the systems used to administer elections for Federal office by facilitating and encouraging assessments by independent technical experts, in cooperation with State and local election officials and election service providers, to identify and report election cybersecurity 

vulnerabilities. 

Provides that participation in the Program shall be entirely voluntary for State and local election officials and election service providers. Requires the Secretary of Homeland Security to solicit the 

input from election officials in developing the program. 

Requires the Secretary of Homeland Security to: (1) establish a 

process for State and local election officials and election service 

providers to voluntarily participate in the Program; (2) designate 

appropriate information systems to be included in the Program; (3) 

provide compensation to eligible individuals, organizations, and 

companies for reports of previously unidentified security 

vulnerabilities within the information systems included and establish criteria for individuals, organizations, and companies to be considered eligible for such compensation in compliance with Federal 

laws; (4) consult with the Attorney General on how to ensure that 

approved individuals, organizations, or companies that comply with 

the requirements of the Program are protected from prosecution 

under section 1030 of title 18, United States Code, and similar provisions of law, and from liability under civil actions for specific activities authorized under the Program; (5) consult with the Secretary of Defense and the heads of other departments and agencies 

that have implemented programs to provide compensation for reports of previously undisclosed vulnerabilities in information systems, regarding lessons that may be applied from such programs; 

(6) develop an expeditious process by which an individual, organization, or company can register with the Department, submit to a 

background check as determined by the Department, and receive a 

determination as to eligibility for participation in the Program; and 

(7) engage qualified interested persons, including representatives of 

private entities, about the structure of the Program and, to the extent practicable, establish a recurring competition for independent 

technical experts to assess election systems for the purpose of identifying and reporting election cybersecurity vulnerabilities. Authorizes the Secretary to enter into a competitive contract to manage 

the Program. 


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Subtitle F—Miscellaneous Provisions 

Section 3501 & 3502. Definitions & Initial Report on Adequacy of 

Resources Available for Implementation 

This section would require the Secretary of Homeland Security 

and the Chair of the EAC to submit to Congress within 120 days 

an assessment on the adequacy of funding, resources, and personnel available to carry out this title. 

Subtitle G—Severability Clause 

Section 2601. Severability 

This section would establish severability such that the application of the provisions of this title and amendments made by this 

title shall not be affected by a holding finding any provision of the 

title or amendment made by the title unconstitutional. 

DIVISION B—CAMPAIGN FINANCE

Title IV—Campaign Finance Transparency 

Subtitle A—Findings Relating to Illicit Money Undermining Our 

Democracy 

Section 4001. Findings relating to illicit money undermining our 

democracy 

This section would provide various findings related to illicit 

money undermining our democracy. 

Subtitle B—DISCLOSE Act 

Part 1—Regulation of Certain Political Spending (Foreign Money 

Ban) 

Section 4100. Short title 

This section would provide that this subtitle may be cited as the 

‘‘Democracy Is Strengthened by Casting Light On Spending in 

Elections Act of 2019’’ or the ‘‘DISCLOSE Act of 2019’’. 

Section 4101. Application of Ban on Contributions and Expenditures by Foreign Nationals 

This section would amend the definition of ‘‘foreign national’’ for 

purposes of the ban on foreign national campaign spending to add 

any corporation or limited liability corporation which is 5 percent 

or more owned or controlled by a foreign country or foreign government official, or which is 20 percent or more owned by any other 

foreign national, or over which one or more foreign nationals has 

the power to control the decision-making of the corporation; requires certification of compliance with ban on foreign national 

spending by chief executive officer before any corporation makes 

any contribution, donation or expenditure in connection with an 

election. Notwithstanding the amended definition of foreign national, a foreign national described in this section, which is a domestic corporation whose principle place of business is in the 

United States, may establish, administer, and solicit contributions 

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ent corporation of the domestic corporation does not directly or indirectly finance the establishment, administration, or solicitation 

activities of the fund, and the fund is in compliance with the certification requirements. 

Section 4102. Clarification of Application of Foreign Money Ban to 

Certain Disbursements and Activities 

This section would prohibit foreign national contributions to 

Super PACs; prohibits any foreign national from participating in 

decision making by any corporate PAC. 

Part 2—Reporting of Campaign-Related Disbursements 

Section 4111. Reporting of Campaign-Related Disbursements 

This section would entirely amend section 324 of the Federal 

Election Campaign Act of 1971 (52 U.S.C. 30126) 

Section 324(a). Disclosure Statement. Requires a ‘‘covered organization’’ to file a disclosure report within 24 hours of making $10,000 or more of ‘‘campaign-related disbursements’’ that, 

for the first such report, provides disclosure of information 

since the beginning of the election cycle or for the period beginning one-year prior to the report, whichever is earlier, and for 

subsequent reports, provides information since the last filed report. Further provides that disclosure report includes name 

and place of business of the ‘‘covered organization’’ and for certain corporations, a list of their beneficial owners (as defined 

in this section), the amount and purpose of each ‘‘campaign-related disbursement’’ of $1,000 or more, the election to which 

the disbursement pertains and the name of any candidate 

identified in the disbursement, and a certification that the disbursement was made independently of a candidate or party. 

Further provides that if the disbursement was made from a 

segregated bank account, the report includes the name and address of every donor and date of every donation of more than 

$10,000 to the segregated account, and if the disbursement 

was not made from a segregate bank account, the same information for all payments to the ‘‘covered organization,’’ with the 

exceptions that payments need not be reported if received in 

the ordinary course of business, or if received subject to a restriction that the funds cannot be used for ‘‘campaign related 

disbursements.’’ Amounts received as remittances from an employee to the employee’s collective bargaining representative 

shall be treated as amounts received in the ordinary course of 

business. Further provides that donor information also need 

not be reported if such disclosure would subject the donor to 

serious threats, harassment or reprisals. 

Section 324(b). Coordination with Other Provisions. Provides 

that information contained in a disclosure report under subsection (a) need not be included in other campaign finance disclosure reports, and that a segregated bank account under subsection (a) may be treated as a separate segregated fund for 

tax purposes. 

Section 324(c). Filing. Provides that disclosure reports filed 

under this section may be filed with the FEC electronically. 


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Section 324(d). Campaign-Related Disbursement Defined. 

Provides that a ‘‘campaign-related disbursement’’ includes an 

independent expenditure, a public communication that promotes, supports, attacks or opposes the election of a federal 

candidate, an electioneering communication and a ‘‘covered 

transfer.’’ 

Section 324(e). Covered Organization Defined. Provides that 

a ‘‘covered organization’’ is a corporation (other than a section 

501(c)(3) charity), a limited liability corporation, a section 

501(c) non-profit organization (other than a section 501(c)(3) 

charity), a labor organization, a ‘‘political organization’’ under 

section 527 of the tax code, and a Super PAC. 

Section 324(f). Covered Transfer Defined. Provides that a 

‘‘covered transfer’’ is any transfer from a ‘‘covered organization’’ 

to another person if any one of five conditions applies to the 

transfer: (1) the transferor requests the money be used for 

campaign-related disbursements (or to make a transfer to another person for that purpose), (2) the transfer is made in response to a solicitation for a donation for the purpose of making ‘‘campaign-related disbursements’’ (or for a transfer to another person for that purpose), (3) the transferor engaged in 

discussions with the recipient about using the money for ‘‘campaign-related disbursements’’ (or for making a transfer to another person for that purpose), (4) the transferor spent, or 

knew that the recipient had spent, $50,000 or more for ‘‘campaign-related disbursements’’ in the prior two years, or (5) the 

transferor knew or had reason to know that the recipient 

would spend $50,000 or more for ‘‘campaign-related disbursements’’ in the two years after the transfer. Further provides 

that a ‘‘covered transfer’’ does not include a disbursement for 

a commercial transaction or any disbursement where there is 

an agreement that the money will not be used for ‘‘campaign 

related disbursements.’’ 

Further provides a special rule for transfers between two 

‘‘covered organizations’’ which are ‘‘affiliates’’ of each other. Defines a ‘‘transfer between affiliates’’ to include a transfer between either two organizations which are affiliated with each 

other, or two organizations each of which is affiliated with the 

same third organization. Defines ‘‘affiliate status’’ to include an 

organization whose governing documents require it to be bound 

by the decisions of another organization, an organization whose 

governing board includes specifically designated representatives of another organization, or an organization chartered by 

another organization. 

Further provides that in the case of a ‘‘covered transfer’’ between affiliates, the reporting requirement is triggered only if 

the amount of the transfer is $50,000 or more, and that transferred amounts consisting of ‘‘dues, fees or assessments which 

are paid by individuals on a regular, periodic basis in accordance with a per-individual calculation which is made on a regular basis’’ do not count against the $50,000 threshold. 

Section 324(g). No Effect on Other Reporting Requirements. 

Provides that nothing in these provisions waives or affects 

other reporting requirements in the Federal Election CamVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00184 Fmt 6659 Sfmt 6602 E:\HR\OC\HR015P1.XXX HR015P1

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paign Act, and cross-references section 324(b) with existing 

electioneering communication reporting requirements. 

This section would also require the director of FinCEN to assist 

the FEC in administering section 324 and requires the chairman 

of the FEC to report to Congress within 6 months after enactment 

of the Act on the need for further legislative authority to administer section 324. 

Section 4112. Application of Foreign Money Ban to Disbursements 

for Campaign-Related Disbursement Consisting of Covered 

Transfers 

This section would prohibit a foreign national from making a disbursement to any person who made a ‘‘covered transfer’’ during the 

prior two-year period. There is an exception to the ban on foreign 

national disbursements to certain covered organizations for disbursements by foreign nationals that are commercial transactions. 

Section 4113. Effective Date 

This section would provide that amendments made by this part 

shall take effect on January 1, 2020 without regard to whether the 

FEC has promulgated regulations to carry out section 324. 

Part 3—Other Administrative Reforms 

Section 4121. Petition for Certiorari 

This section would provide that the FEC has the authority to file 

a petition for certiorari with the Supreme Court. 

Section 4122. Judicial Review of Actions Related to Campaign Finance Laws 

This section would provide that any action brought to challenge 

the constitutionality of any provision of the campaign finance laws 

shall be filed in the U.S. district court for the District of Columbia, 

with an appeal to the D.C. Circuit Court of Appeals, and that the 

courts would have a duty to expedite such cases. Further, provides 

that Members of Congress shall have a right to bring a case challenging the constitutionality of any provision of the campaign finance laws, or to intervene in such cases. 

Subtitle C—Honest Ads 

Section 4201. Short title 

This section provides that this subtitle may be cited as the ‘‘Honest Ads Act.’’ 

Section 4202. Purpose 

This section would provide that the purpose of this subtitle is to 

improve disclosure requirements for online political advertisements 

to enhance the integrity of American democracy and national security. Affirms that it does so to uphold the Supreme Court’s wellestablished standard that the electorate bears the right to be fully 

informed. 


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Section 4203. Findings 

This section provides Congressional findings, including Russian 

efforts to influence the 2016 election with paid social media users 

or ‘‘trolls’’; Russian efforts to exploit American-made technology 

platforms to sow distrust in democracy; and Russian entities that 

purchased $100,000 in political advertisements online. Money spent 

to advertise online has risen dramatically. More than $1.4 billion 

was spent on online political advertising in 2016. The findings also 

establish that large online platforms have a reach far larger than 

any broadcast, satellite, or cable provider, which facilitates the 

scope and effectiveness of disinformation campaigns. The findings 

compare the nature of broadcast television, radio, and satellite advertising, which is by its nature public to the press, fact-checkers, 

and political opponents. This creates strong disincentives for a candidate to disseminate materially false information to the public. Social media platforms, however, provide advertisers with an ability 

to target the electorate with direct messages based on private information. The findings assert that the Federal Election Commission 

has failed to act on the issue of online political advertisements. Ultimately, Congress finds that the current regulations on political 

advertisements do not provide enough transparency to uphold the 

public’s right to be fully informed about political advertisements 

made online. 

Section 4204. Sense of Congress 

This section would provide the sense of Congress that the dramatic increase in digital political advertisements, and the growing 

centrality of online platforms, requires the Congress and the Federal Election Commission to take meaningful action to ensure that 

laws and regulations provide the accountability and transparency 

that is fundamental to our democracy; that free and fair elections 

require transparency and accountability to give the public a right 

to know the true sources of funding for political advertisements to 

make informed political choices and hold elected officials accountable; and transparency of funding for political advertisements is essential to enforce other campaign finance laws, including prohibitions on spending by foreign nationals. 

Section 4205. Expansion of Definition of Public Communication 

This section would provide that ‘‘paid internet or paid digital 

communication’’ be added to the definition of public communication. Amends the press exception to the definition of expenditure 

to account for online or digital outlets, including blogs and digital 

newspapers, unless such online or digital facilities are owned or 

controlled by any political party, political committee, or candidate. 

Substitutes ‘‘public communication’’ for references to general political advertisements and public communications, including for those 

public communications that require disclaimers. 

Section 4206. Expansion of Definition of Electioneering Communication 

This section would provide that ‘‘qualified internet or digital communication’’ be added to the definition of electioneering communication. Defines ‘‘qualified internet or digital communication’’ to 

mean any communication which is placed or promoted for a fee on 


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an online platform. Does not require electioneering communications 

by means of online communications to be targeted to the relevant 

electorate. Amends the news exemption to the definition electioneering communication to include communications appearing in a 

news story, commentary, or editorial distributed through the facilities of any broadcasting station or any online or digital newspaper, 

magazine, blog, publication, or periodical, unless such broadcasting, 

online, or digital facilities are owned or controlled by any political 

party, political committee, or candidate. Provides that these 

amendments apply with respect to communications made on or 

after January 1, 2020. 

Section 4207. Application of Disclaimer Statements to Online Communications 

This section substitutes ‘‘shall state in a clear and conspicuous 

manner’’ for ‘‘shall clearly state’’ when describing disclaimer requirements. Clarifies that communications are not made in a clear 

and conspicuous manner if it is difficult to read or hear or if the 

placement is easily overlooked. Provides special rules for disclaimers that apply to qualified internet or digital communications 

if the communication is disseminated through a medium in which 

all the information is not possible. Specifically, requires the communication to include in a clear and conspicuous manner the name 

of the person who paid for the communication, and provide a 

means for the recipient of the communication to obtain the remainder of the information with minimal effort. Includes a safe harbor 

for clear and conspicuous statements for text, audio, and video communications. For text or graphic communications, letters must appear at least as large as the majority of the text in the communication, contained in a printed box, and printed with a reasonable degree of color contrast between the background and the printed 

statement. Audio statements must be clearly audible and intelligible at the beginning or end of a communication and last at least 

3 seconds. Video with audio must include the statement at the beginning or end of the communication, and be both in a written format that appears for 4 seconds and with audio that is clearly audible and intelligible for at least 3 seconds. All other types of communications must be at least as clear and conspicuous as what is otherwise required for text, video, and audio. The ‘‘small items’’ regulatory exception for bumper stickers, pins, buttons, pens, and similar small items upon which disclaimers cannot be conveniently 

printed does not apply to qualified internet or digital communications, nor does the impracticability regulatory exception (for skywriting, water towers, wearing apparel) (specifically, 11 CFR 

110.11(f)(1)(i) and (ii), or any successor to these rules). Modifies 

‘‘stand by your ad’’ requirements for candidates or authorized persons by substituting ‘‘audio format’’ for radio, and ‘‘video format’’ 

for television. 

Section 4208. Political Record Requirements for Online Platforms 

This section would require online platforms to maintain and 

make public in machine readable format a complete record of any 

request to purchase qualified political advertisements made by a 

person whose aggregate requests on the online platform during the 

calendar year exceeds $500. Requires advertisers to provide the onVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00187 Fmt 6659 Sfmt 6602 E:\HR\OC\HR015P1.XXX HR015P1

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line platform with the necessary information for the online platform to comply. Requires the contents of the record to include a 

digital copy of the political advertisement, a description of the audience targeted, the number of views generated and the date and 

timing that the advertisement was first and last displayed, the average rate charged for the advertisement, the name of the candidate to which the advertisement refers (and the office sought) or 

the national legislative issue to which the advertisement refers. If 

a candidate is the advertiser, the record must include the name of 

the candidate, the committee of the candidate, and the treasurer of 

the candidate. All other records must include the name of the person purchasing the advertisement, the name and address of a contact person, and a list of the chief executive officers or members of 

the executive committee or of the board of directors of the person. 

Defines online platforms as any public-facing website, web application, or digital application (including a social network, ad network, 

or search engine) which sells qualified political advertisements and 

has 50,000,000 or more unique monthly United States visitors or 

users for a majority of the months during the preceding 12 months. 

Qualified political advertisements are defined to mean any advertisements (including search engine marketing, display advertisements, video advertisements, native advertisements, and sponsorships) that are made by or on behalf of a candidate, or communicate a message relating to any political matter of national importance, including (i) a candidate; (ii) any election to federal office, or 

(iii) a national legislative issue of public importance. Online platforms must make the record public as soon as possible, and retain 

it for a period of not less than 4 years. Provides a safe harbor from 

enforcement for online platforms making their best efforts to identify requests which are subject to record maintenance requirements. The FEC will be responsible for crafting these best efforts 

rules. Provides penalties for failure to otherwise comply. Requires 

the FEC to establish rules, no later than 120 after enactment, requiring common data formats for the online platform records so 

that they are machine-readable, and establishing search interface 

requirements relating to such record, including searches by candidate name, issue, purchaser, and date. Requires FEC to report biannually to Congress on matters relating to compliance, recommendations for modifications, and identifying other ways to 

bring transparency to online political advertisements distributed 

for free. 

Section 4209. Preventing Contributions, Expenditures, Independent 

Expenditures, and Disbursements for Electioneering Communications by Foreign Nationals in the Form of Online Advertising 

This section would require broadcasters, providers of cable or satellite television and online platforms to make reasonable efforts to 

ensure that political advertising is not purchased by foreign nationals, directly or indirectly. 

Subtitle D—Stand By Every Ad 

Section 4301. Short title 

This section provides a short title of ‘‘Stand By Every Ad Act.’’ 


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Section 4302. Stand By Every Ad 

This section would provide for expanded disclaimer requirements 

for communications that are not authorized by candidates—for example, for communications by corporations, 527 organizations, or 

nonprofit organizations that spend money on express advocacy. 

If the disclaimer statement is transmitted in a video format or 

is an Internet or digital communication transmitted in a text or 

graphic format and is paid for in whole or in part with a payment 

that is treated as a campaign-related disbursement, it must include 

a Top Five Funders list (if applicable). If the communication is of 

such short duration that including the Top Five Funders list would 

constitute a hardship to the person paying for the communication 

by requiring a disproportionate amount of the content of the communication to consist of the Top Five Funders list, then it must include the name of a website which contains the Top Five Funders 

list (if applicable) or in the case of an internet or digital communication, a hyperlink. If the communication is transmitted in an 

audio format and is paid for in whole or in part with a payment 

that is treated as a campaign-related disbursement, then it must 

include the Top Two Funders list (if applicable), or, if the communication is of such short duration that including the Top Two 

Funders list is a hardship for the same reasons as for video, the 

name of a website which contains the Top Two Funders list. The 

FEC is responsible for determining the basis of criteria for the 

hardship exception. 

If the person paying for the communication is an individual, they 

must state their name and that they approve the message. If the 

person paying is an organization, the statement must be ‘‘I am 

[name of applicable individual], the [title of applicable individual] 

of [name of organization], and [name of organization] approves this 

message.’’ If the organization is a corporation, the applicable individual is the chief executive officer (or highest ranking official if 

there is no CEO). If a labor organization, then the highest ranking 

officer of the labor organization. Any other organization should include the highest ranking official. 

If the communication is made in a text or graphic format, the 

disclosure statements must appear in letters at least as large as 

the majority of the text in the communication. If made by audio, 

the audio must be clear and conspicuous. If in video, the information must appear in writing at the end of the communication or in 

a crawl along the bottom of the communication in a clear and conspicuous manner, for at least 6 seconds, and also conveyed by an 

unobscured full-screen view of the individual making the statement, or a by voiceover with a clearly identifiable photograph or 

similar image of the individual. 

The Top Five or Top Two Funders list is a list of the five or two 

persons who respectively, during the 12-month period ending on 

the date of the disbursement, provided the largest payments in an 

aggregate amount equal to or exceeding $10,000. Excluded from 

the calculations are any amounts provided in the ordinary course 

of trade or business or in the form of investments in the person 

paying for the communication, or any payment which the person 

prohibited, in writing, from being used for campaign-related disbursements. 


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There is an exception for video communications that last 10 seconds or less. For those short videos, the communication must include the person or organizational statement who paid for the ad 

in a crawl on the bottom of the screen. Moreover, a website address 

must appear for the full duration of the ad that will provide all of 

the information otherwise required of longer ads, and the website 

address must appear for the full duration of the ad. If the communication permits hyperlinks, it must be provided by hyperlink. 

Expanded disclaimer requirements are also applied to public 

communications consisting of campaign-related disbursements, as 

defined in the DISCLOSE Act, consisting of public communications. 

This section creates an exception for communications paid for by 

political parties and political committees because they are subject 

to a separate set of existing disclaimer rules. This exception excludes, however, communications by political committees paid for 

in whole or in part with a campaign-related disbursement, but only 

if the covered organization making the campaign-related disbursement made campaign-related disbursements aggregating more than 

$10,000 in the calendar year. 

Section 4303. Disclaimer Requirements for Communications Made 

Through Prerecorded Telephone Call 

This section would apply ‘‘stand by your ad’’ disclaimer requirements to prerecorded audio messages distributed by telephone by 

treating them as communications transmitted in an audio format. 

Section 4304. No Expansion of Persons Subject to Disclaimer Requirements on Internet Communications 

This section would provide that nothing in the Stand By Your Ad 

subtitle may be construed to require any person who is not required by the Federal Election Campaign Act to include a disclaimer on communications made by the person through the internet to include any disclaimer on any such communications. 

Section 4305. Effective Date 

This section would provide an effective date apply with respect 

to communications made on or after January 1, 2020, and shall 

take effect without regard to whether or not the Federal Election 

Commission has promulgated regulations to carry out such amendments. 

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 

This section would provide that an appropriations rider prohibiting the IRS from clarifying rules related to political activity by 

nonprofit organizations has no force or effect. 


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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 

This section would provide that an appropriations rider prohibiting the SEC from requiring disclosure to shareholders of corporate political spending has no force or effect. 

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 

This section would provide that an appropriations rider prohibiting the Executive Branch from requiring government contractors 

to disclose political spending has no force or effect. 

Subtitle H—Disclosure Requirements for Presidential Inaugural 

Committees 

Sec. 4701. Short title 

This section provides that this subtitle may be cited as the ‘‘Presidential Inaugural Committee Oversight Act.’’ 

Sec. 4702. Limitations and Disclosure of Certain Donations to, and 

Disbursements by, Inaugural Committees 

This section would prohibit inaugural committees from raising 

donations from non-individuals and foreign nationals. Prohibits the 

use of inaugural funds for personal use unrelated to the inauguration. Limits the maximum amount an individual can donate to an 

inaugural committee to $50,000, indexed for inflation. Requires an 

inaugural committee to disclose, within 24 hours, contributions of 

more than $1,000. Requires an inaugural committee to file within 

90 days of an inauguration a final report disclosing all contributions and expenditures of more than $200. 

Subtitle I—Severability Clause 

Sec. 4801. Severability 

This section would clarify that if any provision of this Title or 

amendment made by this Title is held unconstitutional, the remainder of the Title shall not be affect by the holding. 

Title V—CAMPAIGN FINANCE EMPOWERMENT 

Subtitle A—Findings Relating to Citizens United Decision 

Sec. 4801. Findings Relating to Citizens United Decision 

This section provides Congressional findings that the Citizens 

United decision is detrimental to democracy and that the Constitution should be amended to clarify Congress’ and the States’ authority to regulate campaign contributions and expenditures. 


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Subtitle B—Congressional Elections 

Sec. 5100. Short title 

This section would provide that this subtitle may be cited as the 

‘‘Government By the People Act of 2019.’’ 

Part 1—My Voice Voucher Pilot Program 

Sec. 5101. Establishment of Voucher Pilot Program 

This section would establish a three-State-based pilot demonstration program of political giving to candidates for the U.S. House of 

Representatives. The pilot would seek to develop best practices for 

a potential nation-wide campaign voucher program. States will be 

judged on their capacity to execute the program. Provides that all 

payments to states shall come from the Freedom From Influence 

Fund, which is subject to a mandatory reduction of payments in 

case of insufficient amounts in the Fund. No appropriated funds 

shall be used for the Freedom From Influence Fund. Payments are 

capped at $10,000,000 for each of the three states. 

Sec. 5102. Voucher Program Described 

This section would provide certain programmatic requirements 

for State applying to participate in the voucher pilot must satisfy. 

The State shall provide each qualified individual upon the individual’s request a voucher worth $25 to be known as a ‘‘My Voice 

Voucher. The State shall create an electronic routing system, contribution clearinghouse, and implementation of anti-fraud measures. States would also be prohibited from conditioning the receipt 

of the voucher based on individual’s voter registration status. 

States are required to engage in a public awareness campaign. 

Sec. 5103. Reports 

This section would require participating states to complete reports for submission to the FEC on the operation and efficacy of 

the pilot programs, including the making of recommendations for 

the program’s expansion or adjustment. The FEC will be required 

to submit a report to Congress synthesizing the state reports and 

making recommendations by the end of the fifth election cycle. 

Sec. 5104. Definitions 

This section would define ‘‘election cycle’’ to mean the period beginning on the day after the date of the most recent regularly 

scheduled general election for Federal office and ending on the date 

of the next regularly scheduled general election for federal office. 

Defines periods of application, preparation, and operation for the 

pilot program. 

Part 2—Small Dollar Financing of Congressional Election 

Campaigns 

Sec. 5111. Benefits and Eligibility Requirements for Candidates 

This section would amend the Federal Election Campaign Act of 

1971 by adding a new Title V, Small Dollar Financing of Congressional Election Campaigns, that would establish a publicly financed 


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matching system for Congressional campaigns. The new Title 

would include Subtitle A—Benefits, and the following new sections: 

Sec. 501. Benefits for Participating Candidates. Provides for a 6-to-1 match of contributions of less than $200 per election 

for participating candidates. Caps the total amount of matching funds for a candidate at half of the average of the 20 most 

expensive winning campaigns in the previous cycle. 

Sec. 502. Procedures for Making Payments. Requires the 

Federal Election Commission to disburse payments to qualified 

candidates upon receipt of statements detailing the amount of 

qualifying contributions raised since the last request, the 

amount of matching funds sought, and the total amount of 

matching funds received during the cycle. Prohibits candidates 

from requesting matching funds on less than $5,000 in qualified contributions, except during the final 30 days of a campaign, and from requesting funds more than once in a 7-day 

period. Requires the FEC to make payments within 2 days of 

receiving a request. 

Sec. 503. Use of Funds. Authorizes the use of matching funds 

exclusively for direct payments for authorized expenditures for 

campaign funds. Explicitly prohibits the use of funds for legal 

expenses or fines. 

Sec. 504. Qualified Small Dollar Contributions Described. 

Defines a ‘‘qualified small dollar contribution’’ as a donation of 

$1–200 per election from an individual or segregated small-dollar account of a political committee. Prohibits donors who 

make qualified small dollar contributions to a candidate from 

making additional nonqualified contributions to that candidate. 

Requires candidates to return the additional nonqualified contribution or to repay matching funds on the original qualified 

contribution from that donor. Requires participating candidates 

to disclose information about matching funds and qualified 

contributions in fundraising materials. 

Subtitle B—Eligibility and Certification 

Sec. 511. Eligibility. Deems a candidate eligible for matching 

funds if the candidate seeks certification from the FEC, meets 

the qualifications in section 512, certifies that the candidates’ 

authorized committees meet the notification requirements in 

section 504(d), and, during the Small Dollar Democracy qualifying period (within 180 days of filing to run), files an affidavit 

with the FEC that the candidate will comply with contribution 

and expenditure requirements, will run as a qualified candidate for both the primary and general elections and will 

qualify under state law to appear on the ballot. Specifies that 

for a general election, qualified candidates must have been chosen as their parties’ nominees or otherwise qualified to appear 

on the ballot. 

Sec. 512. Qualifying Requirements. Requires participating 

candidates to raise at least $50,000 in qualified small dollar 

contributions from at least 1,000 individuals during the Small 

Dollar Democracy qualifying period. Requires the FEC to establish random audits to ensure compliance. 

Sec. 513. Certification. Requires the FEC to certify qualified 

candidates within five days of receiving an affidavit seeking 


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certification. A certification covers both the primary and general elections. Requires the FEC to decertify a candidate who 

does not comply with requirements, withdraws from the race, 

does not make it onto the ballot, or is criminally sanctioned for 

conduct relating to the election. Requires certain decertified 

candidates to repay all matching funds with interest, prohibits 

decertified candidates from becoming certified during the next 

election cycle, and prohibits a candidate who is decertified 

three times from becoming certified for any future election. 

Subtitle C—Requirements for Candidates Certified as Participating Candidates 

Sec. 521. Contribution and Expenditure Requirements. Restricts the sources from which participating candidates can 

raise funds to qualified small dollar contributions, matching 

funds, nonqualified contributions of up to $1,000 per election, 

personal funds up to $50,000 and certain political committees. 

Establishes rules for funds raised prior to seeking qualification 

as a participating candidate. Creates prohibitions on leadership PACs and joint fundraising committees for participating 

candidates. 

Sec. 522. Administration of Campaign. Requires campaigns 

to establish separate accounting for each different type of contribution received, disclose all donors making qualified small 

dollar contributions, and publish on the internet all materials 

provided to the FEC relating to contributions and expenditures. 

Sec. 523. Preventing Unnecessary Spending of Public Funds. 

Limits the amount of expenditures campaigns can make from 

matching funds to the amount of expenditures made from 

other sources of funds, if available. 

Sec. 524. Remitting Unspent Funds After Election. Requires 

candidates to return unspent matching funds within 180 days 

of an election, except that a candidate may retain up to 

$100,000 in matching funds if the candidate signs an affidavit 

promising to seek certification again in the next cycle. Retained funds are sequestered until the candidate is certified 

again. 

Subtitle D—Enhanced Match Support 

Sec. 531. Enhanced Support for General Election. Allows eligible candidates to receive additional matching funds. 

Sec. 532. Eligibility. Requires that a qualified candidate in a 

general election raise at least $50,000 in qualified small dollar 

contributions during the ‘‘enhanced support qualifying period’’ 

in order to qualify for additional matching funds. Defines the 

‘‘enhanced support qualifying period’’ as the period between 60 

and 14 days before a general election. 

Sec. 533. Amount. A candidate who qualifies for enhanced 

support receives an additional 3-to-1 match on qualified small 

dollar contributions raised during the enhanced support qualifying period. A candidate cannot receive more than $500,000 in 

enhanced matching funds. Enhanced matching funds do not 

count against the aggregate limit for matching funds a candidate can receive. 


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Sec. 534. Waiver of Authority to Retain Portion of Unspent 

Funds After Election. Candidates who receive enhanced funding may not retain any amount of matching funds after an 

election. 

Subtitle E—Administrative Provisions 

Sec. 541. Freedom From Influence Fund. Establishes the 

Freedom From Influence Fund to provide matching funds to 

qualified candidates. Matching fund payments are subject to a 

mandatory reduction in case of insufficient amounts in the 

Freedom From Influence Fund. No appropriated funds shall be 

used for the Freedom From Influence Fund. 

Sec. 542. Reviews and Reports by Government Accountability Office. Requires the Comptroller General to review after 

every election cycle the small dollar financing program. The review can include recommendations for adjustments to the criteria for qualification and the aggregate limit of matching 

funds. 

Sec. 543. Administration by Commission. Requires the FEC 

to promulgate regulations for the small dollar financing program. 

Sec. 544. Violations and Penalties. The FEC can assess civil 

penalties against candidates for prohibited contributions or expenditures. Requires the FEC to seek repayment plus interest 

of any matching funds used in a prohibited manner or not returned as required after an election. Does not preclude other 

enforcement actions, including criminal referrals. 

Sec. 545. Appeals Process. The U.S. Court of Appeals for the 

District of Columbia has jurisdiction to review any actions by 

the FEC relating to the small dollar financing program. 

Sec. 546. Indexing of Amounts. Indexes to inflation the 

amounts in this title, except for the aggregate limit on matching funds a candidate may receive, which is indexed to campaign costs as described in section 501. 

Sec. 547. Election Cycle Defined. Defines an election cycle as 

the period between the day after a general election and the 

next general election. 

Sec. 5112. Contributions and Expenditures by Multicandidate and 

Political Party Committees on Behalf of Participating Candidates 

This section would allow multicandidate and party committees to 

contribute to participating candidates if the contributions come 

from segregated accounts that only raise funds pursuant to the requirements for small dollar qualified contributions. Allows party 

committees to make unlimited coordinated expenditures with a 

participating candidate if the committee only spends from the segregated account and does not provide any additional funding to the 

candidate. 

Sec. 5113. Prohibiting Use of Contributions by Participating Candidates for Purposes Other Than Campaign for Election 

This section would prohibit participating candidates from using 

contributions for anything other than authorized expenditures. 


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Sec. 5114. Effective Date 

This section would provide the effective date for the program as 

the 2026 election cycle. 

Subtitle C—Presidential Elections 

Part 1—Primary Elections 

Sec. 5201. Increase in and Modifications to Matching Payments 

This section would provide for a 6-to-1 match of up to $200 of 

‘‘matchable contributions’’ made to Presidential primary election 

candidates who qualify for receipt of public matching funds. Further provides that a ‘‘matchable contribution’’ is a ‘‘direct contribution’’ made to a candidate by an individual in an aggregate amount 

of no greater than $1,000. Further provides that a ‘‘direct contribution’’ is one that is made directly to a candidate by an individual 

and is not either forwarded to the candidate by another person or 

received by the candidate with knowledge that the contribution 

was made at the request or recommendation of another person. 

Provides that for this purpose a ‘‘person’’ does not include an individual (other than a registered lobbyist), or a political party committee, or a political committee which is not a PAC and which does 

not make independent expenditures, does not lobby and is not established or controlled by a lobbyist or lobbying organization. Also 

clarifies that a contribution may be made at the request or recommendation of a person so long as the candidate does not know 

who provided the information. 

Further, this section would provide a cap on public funding a participating candidate may receive of $250,000,000 for the primary elections, subject to increases for inflation. Provides that a 

candidate qualifies to receive matching funds by raising $25,000 in 

contributions of no more than $200 in each of at least 20 states. 

Provides that a participating candidate will not accept contributions of more than $1,000 from any person for the primary elections. Further provides that a participating candidate will accept 

only ‘‘direct contributions,’’ as defined above, and not any bundled 

contributions. Further provides that a candidate participating in 

the primary election matching funds system also agrees to participate in the general election matching funds system, if nominated 

for the general election. 

Sec. 5203. Repeal of Expenditure Limitations 

This section would repeal current state-by-state expenditures 

limits and continues current expenditure limit of $50,000 on a candidate’s personal funds. 

Sec. 5204. Period of Availability of Matching Payments 

This section would provide that ‘‘matching payment period’’ begins six months prior to the date of the earliest State primary election. 

Sec. 5205. Examination and Audits of Matchable Contributions 

This section would provide the FEC with authority to audit 

matchable contributions received by a candidate participating in 

the presidential primary matching funds system. 


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Sec. 5206. Modification to Limitation on Contributions for Presidential Primary Candidates 

This section would provide that the contribution limit for presidential primary elections applies to all such elections in a four-year 

election cycle and not for a calendar year. 

Sec. 5207. Use of Freedom From Influence Fund as Source of Payments 

This section would amend Chapter 96 of subtitle H of the Internal Revenue Code of 1986 by adding a new section 9043, Use of 

Freedom from Influence Fund as Source of Payments. This new 

section would provide that all payments shall come from the Freedom From Influence Fund, which is subject to a mandatory reduction of payments in case of insufficient amounts in the Fund. No 

appropriated funds shall be used for the Freedom From Influence 

Fund. Has no effect on amounts transferred for pediatric research 

initiative. 

Part 2—General Elections 

Sec. 5211. Modification of Eligibility Requirements for Public Financing 

This section would provide that a presidential general election 

candidate is eligible to receive public matching funds if the candidate participated in the primary election matching funds system, 

agrees to an audit by the FEC, and accepts only ‘‘direct contributions’’ (and no bundled contributions) as defined by the presidential 

primary election provisions. 

Sec. 5212. Repeal of Expenditure Limitations and Use of Qualified 

Campaign Contributions 

This section would repeal existing expenditure limits for presidential general election candidates receiving public funds, provides 

that presidential candidates participating in the matching funds 

system in the general election will accept only ‘‘qualified campaign 

contributions’’ to defray campaign expenses and provides criminal 

penalties for violation of the restriction. Defines ‘‘qualified campaign contribution’’ to mean contributions that aggregate no more 

than $1,000 from an individual donor. 

Sec. 5213. Matching Payments and Other Modifications to Payment 

Amounts 

This section would provide for a 6-to-1 match of up to $200 of 

‘‘matchable contributions’’’ made to Presidential general election 

candidates who qualify for receipt of public matching funds, up to 

a total of $250,000,000 in public matching funds for the general 

election, subject to increases for inflation. Further provides that a 

‘‘matchable contribution’’ is a ‘‘direct contribution’’ made to a candidate by an individual in an aggregate amount of no greater than 

$1,000. 

Sec. 5214. Increase in Limit on Coordinated Party Expenditures 

This section would provide that a national party committee may 

make coordinated expenditures with a general election Presidential 


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candidate of no more than $100,000,000, subject to increases for inflation. 

Sec. 5215. Establishment of Uniform Date for Release of Payments 

This section would provide for a uniform date for the payment 

of matching funds to Presidential general election candidates on 

the later of the last Friday before the first Monday in September, 

or within 24 hours after receiving certifications for payment for all 

eligible major party candidates. 

Sec. 5216. Amounts in Presidential Election Campaign Fund 

This section would provide that Secretary of Treasury shall take 

into account estimated check-off funds that will be deposited into 

the Presidential Election Campaign Fund during the election year 

in determining whether there will be sufficient funds in the Fund 

to make payments to eligible candidates. 

Sec. 5217. Use of General Election Payments for General Election 

Legal and Accounting Compliance 

This section would provide that candidate expenses for general 

election legal and accounting compliance are treated as qualified 

campaign expenses. 

Sec. 5218. Use of Freedom From Influence Fund as Source of Payments 

This section would amend Chapter 95 of subtitle H of the Internal Revenue Code of 1986 by adding a new section 9013. This new 

section would provide that all payments shall come from the Freedom From Influence Fund, which is subject to a mandatory reduction of payments in case of insufficient amounts in the Fund. No 

appropriated funds shall be used for the Freedom From Influence 

Fund. Has no effect on amounts transferred for pediatric research 

initiative. 

Part 3—Effective Date 

Sec. 5221. Effective Date 

This section would provide that amendments shall apply with respect to the 2028 Presidential election without regard to whether 

the FEC has promulgated regulations to implement the amendments made by the Act; Requires FEC to promulgate regulations 

to implement the amendments by June 30, 2026. 

Subtitle D—Personal Use Services as Authorized Campaign 

Expenditures 

Sec. 5301. Short Title; Findings; Purpose 

This section would provide that the short title of this section is 

the ‘‘Help America Run Act.’’ Finds that everyday Americans experience barriers to entry before being able to consider running for 

federal office. Finds that the current process of identifying those 

who can run privileges the wealthiest Americans, rather than those 

who must work to provide necessities like childcare and health insurance and who cannot afford to risk their livelihoods by testing 

a run for office. Finds that leadership not reflecting the economic 


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realities of the citizenry yields policy that may not reflect the needs 

of the citizenry. Establishes purpose to ensure that otherwise-qualified, credible candidates may run for office regardless of their economic status, facilitating the candidacy of more representative candidates. 

Sec. 5302. Treatment of Payments for Child Care and other Personal Use Services as Authorized Campaign Expenditures 

This section would amend the Federal Election Campaign Act to 

provide that, under limited circumstances, the payment by an authorized committee of a nonincumbent candidate for the following 

are authorized expenditures if the services are necessary to enable 

participation of the candidate in campaign-related activities: child 

care services; elder care services; care for other legal dependents; 

dues, fees, and other expenses to maintain a license or status related to a profession; and health insurance coverage. Renders effective upon enactment. Provides several limitations, including capping the amount of campaign funds that may be used for these circumstances at the salary that would be drawn as an elected as currently provided by existing FEC regulations that cap nonincumbent 

candidates drawing a salary during a campaign. Also provides that 

candidates may not ‘‘double dip’’ and must choose between availing 

themselves of the salary benefit allowed under existing regulations, 

or using campaign funds under the exemptions of this subtitle. 

Subtitle E—Severability Clause 

Title VI—Campaign Finance Oversight 

Subtitle A—Restoring Integrity to America’s Elections 

Section 6001. Short title 

This section would provide that this subtitle may be cited as the 

‘‘Restoring Integrity to America’s Elections Act.’’ 

Section 6002. Membership of Federal Election Commission 

This section would provide for a reduction in the number of FEC 

Commissioners from six to five, with no more than two members 

of the same party, all appointed by the President with the advice 

and consent of the Senate. Establishes that a commissioner shall 

be treated as affiliated with a political party if he or she was affiliated, including as a registered voter, employee, consultant, donor, 

officer, or attorney, with such political party or any of its candidates or elected public officials at any time during the 5-year period ending on the date on which such individual is nominated to 

be a member of the Commission. Further provides that each member shall serve a six-year term and is not eligible for reappointment. Further provides that President shall convene a Blue-Ribbon 

Advisory Panel to recommend individuals for appointment as a 

member of the Commission. 

Section 6003. Assignment of Powers to Chair of Federal Election 

Commission 

This section would provide that the President designates one 

member of the Commission as Chairman and assigns certain powers to the Chairman and assigns other powers to the Commission. 


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Section 6004. Revision to Enforcement Process 

This section would revise the enforcement process to provide that 

the general counsel shall make a determination of whether there 

is reason to believe a violation has occurred, or whether there is 

probable cause that a violation has occurred, and that determination shall take effect unless a majority of the Commission votes to 

overrule the general counsel’s determination within 30 days. Further provides that any person aggrieved by a finding of no reason 

to believe a violation has occurred or no probable cause that a violation has occurred, or aggrieved by a failure of the Commission to 

act on a complaint within one year after filing a complaint, may 

seek judicial review in the district court for the District of Columbia and the court shall determine by de novo review whether the 

agency action or failure to act is contrary to law. 

Section 6005. Revision to Certain Enforcement Authorities 

This section would provide that FEC attorneys may represent 

the FEC before the Supreme Court. Further provides that an interested party who has submitted written comments on an advisory 

opinion request may present testimony to the Commission. 

Section 6006. Permanent Extension of Administrative Penalty Authority 

This section would extend statutory authority for the administrative fines program for violation of certain disclosure requirements. 

Section 6007. Restrictions on Ex Parte Communications 

This section would codify, by reference, limitations on ex parte 

communications by members of the Commission and their staff. 

Section 6008. Effective date; transition 

This section would provide the effective date of January 1, 2022 

for amendments made by this subtitle, and for procedures for transition. 

Subtitle B—Stopping Super PAC-Candidate Coordination 

Section 6101. Short title 

This section would provide that this subtitle may be cited as the 

‘‘Stop Super PAC-Candidate Coordination Act.’’ 

Section 6102. Clarification of Treatment of Coordinated Expenditures as Contributions to Candidates 

This section would amend the definition of ‘‘contribution’’ to add 

any payment for a ‘‘coordinated expenditure.’’ In addition, this section would add a new section 326, Payments for Coordinated Expenditures, to the Federal Election Campaign Act of 1971. This 

new section would define ‘‘coordinated expenditure’’ to mean a payment made in cooperation, consultation or concert with or at the 

request or suggestion of a candidate or his agents; or a payment 

to republish candidate materials, but not to include news stories or 

commentary, or candidate debates or forums conducted pursuant to 

rules issues by the FEC. 

In addition, new section 326 would define ‘‘in cooperation, consultation or concert with or at the request or suggestion of’’ a canVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00200 Fmt 6659 Sfmt 6602 E:\HR\OC\HR015P1.XXX HR015P1

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didate or his agents to mean a communication which is not made 

entirely independently of a candidate, or which is made pursuant 

to any general or particular understanding with the candidate, or 

pursuant to any communication with the candidate, about the payment. Provides that a payment is not coordinated solely because a 

person engages in a policy discussion with a candidate or his 

agents, so long as there is no discussion regarding a campaign. 

Further provides that this standard does not apply to coordination 

between a candidate and a political party. Further provides that coordination is determined without regard to whether a person is 

using a firewall to restrict sharing of information between employees or agents of the person. 

Further, new section 326 would provide that a payment is made 

in coordination with a candidate if it is made for a ‘‘covered communication’’ by a ‘‘coordinated spender.’’ Defines a ‘‘coordinated 

spender’’ as a person who meets any one of five standards: (A) the 

person was formed or established by the candidate or his agents 

within the 4 year period prior to the payment; (B) the candidate 

raised funds for the person during the election cycle; (C) the person 

is managed by the candidate or by any person who has been employed by the candidate as an adviser or consultant during the 

prior 4 year period; (D) the person retains the services of a consultant who provided consulting services to the candidate within the 

prior 2 year period, and (E) the person is established or managed 

by any member of the candidate’s family. 

New section 326 would define ‘‘covered communication’’ to include a public communication which expressly advocates the election of a candidate, or which promotes, supports, attacks or opposes 

a candidate, or which refers to a candidate in the period 60 days 

before a primary election or 120 days before a general election, provided the communication is disseminated in the jurisdiction of the 

office the candidate is seeking. 

Finally, new section 326 would provide for a fine of 300 percent 

of the amount of any payment for a coordinated communication 

that is made in knowing and willful violation of the Act, and provides for joint and several liability for officers or directors of a person subject to a penalty. 

Section 6103. Clarification of Ban on Fundraising for Super PACs 

by Federal Candidates and Officeholders 

This section would provide that a Federal candidate or officeholder is prohibited from soliciting or directing money to a Super 

PAC or to any section 527 organization which does not comply with 

federal contribution limits. 


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Subtitle C—Severability Clause 

DIVISION C—ETHICS

Title VII—Ethics Standards 

[RESERVED] 

Title VIII—Ethics Reforms for the President, Vice President and 

Federal Officers and Employees 

[RESERVED] 

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 

Section 9001. Requiring Congressional Reimbursement for Employment Discrimination 

This section would require Members to reimburse Treasury for 

amounts paid pursuant to a settlement for employment discrimination under the Congressional Accountability Act. 

Subtitle B—Conflicts of Interest 

Section 9101. 

[RESERVED] 

Section 9102. Conflict of Interest Rules for Members of Congress 

and Congressional Staff 

This section would prohibit Members, Senators, House officer, 

and committee staff from using their position to introduce or help 

pass legislation the principal purpose of which is the pecuniary 

gain of the aforementioned classes or their immediate families. 

Section 9103. Exercise of Rulemaking Powers 

This section would provide that enactment of the subtitle is an 

exercise in the rulemaking authority of each House of Congress 

and should be considered part of the rules of each House, superseding other rules to the extent that they are inconsistent. This 

section recognizes the constitutional right of each House to change 

these rules at any time as they would any other rule of such 

House. 

Subtitle C—Campaign Finance and Lobbying Disclosure 

Section 9201. Short Title 

This section would provide that the subtitle may be cited as the 

‘‘Connecting Lobbyists and Electeds for Accountability and Reform 

Act’’ or the ‘‘CLEAR Act.’’ 


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Section 9202. Requiring disclosure in certain reports filed with Federal Election Commission of persons who are registered lobbyists 

This section would require registered lobbyists to file certain disclosure reports with the FEC. Further requires the FEC database 

containing the information described in this section is linked to the 

website. 

Section 9203. Effective date 

This section would establish that with respect to reports required 

to be filed under the Federal Election Campaign Act, the amendments of this subtitle become effective on or after the expiration of 

the 90-day period which begins on the date of the enactment of the 

Act. 

Subtitle D—Access to Congressionally Mandated Reports 

Section 9301. Short Title 

This section would establish that this subtitle may be cited as 

the ‘‘Access to Congressionally Mandated Reports Act.’’ 

Section 9302. Definitions 

This section would provide definitions for the subtitle. 

Section 9303. Establishment of Online Portal for Congressionally 

Mandated Reports 

This section would require the Director of the Government Publishing Office (GPO) to establish a searchable publicly accessible 

online portal to serve as a repository for Congressionally-mandated 

government reports in an open format. 

Section 9304. Federal Agency Responsibilities 

This section would require of agency heads to submit reports concurrently to GPO with their submission to Congress. Clarifies that 

this does not relieve agencies of other report submission duties, 

such as to specific committees, if they exist. 

Section 9305. Removing and altering reports 

This section would restrict removal or alteration of reports unless 

the head of the agency consults with each congressional committee 

to which the report was submitted, and Congress passes a joint resolution authorizing it. 

Section 9306. Relationship to the Freedom of Information Act 

This section would clarify the law’s relation to the Freedom of Information Act, excluding otherwise exempt information from disclosure. Does not impose an affirmative duty on the director of GPO 

to review reports for purpose of identifying information for redaction. Permits agency heads to redact information that is properly 

withheld from disclosure. 

Section 9307. Implementation 

This section would establish that implementation shall occur not 

later than 1 year after enactment. 


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Subtitle E—Severability Clause 

Section 9401. Severability 

This section would establish severability such that the application of the provisions of this title and amendments made by this 

title shall not be affected by a holding finding any provision of the 

title or amendment made by the title unconstitutional. 

Title X—Presidential Tax Transparency 

[RESERVED] 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

NATIONAL VOTER REGISTRATION ACT OF 1993 

* * * * * * * 

SEC. 3. DEFINITIONS. 

As used in this Act— 

(1) the term ‘‘election’’ has the meaning stated in section 

301(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 

431(1)); 

(2) the term ‘‘Federal office’’ has the meaning stated in section 301(3) of the Federal Election Campaign Act of 1971 (2 

U.S.C. 431(3)); 

(3) the term ‘‘motor vehicle driver’s license’’ includes any personal identification document issued by a State motor vehicle 

authority; 

(4) the term ‘‘State’’ means a State of the United øStates and 

the District of Columbia¿ States, the District of Columbia, and 

the Commonwealth of the Northern Mariana Islands; and 

(5) the term ‘‘voter registration agency’’ means an office designated under section 7(a)(1) to perform voter registration activities. 

* * * * * * * 

SEC. 6A. INTERNET REGISTRATION. 

(a) REQUIRING AVAILABILITY OF INTERNET FOR ONLINE REGISTRATION.— 

(1) AVAILABILITY OF ONLINE REGISTRATION AND CORRECTION

OF EXISTING REGISTRATION INFORMATION.—Each State, acting 

through the chief State election official, shall ensure that the 

following services are available to the public at any time on the 

official public websites of the appropriate State and local election officials in the State, in the same manner and subject to 

the same terms and conditions as the services provided by voter 

registration agencies under section 7(a): 

(A) Online application for voter registration. 


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(B) Online assistance to applicants in applying to register 

to vote. 

(C) Online completion and submission by applicants of 

the mail voter registration application form prescribed by 

the Election Assistance Commission pursuant to section 

9(a)(2), including assistance with providing a signature as 

required under subsection (c). 

(D) Online receipt of completed voter registration applications. 

(b) ACCEPTANCE OF COMPLETED APPLICATIONS.—A State shall accept an online voter registration application provided by an individual under this section, and ensure that the individual is registered to vote in the State, if— 

(1) the individual meets the same voter registration requirements applicable to individuals who register to vote by mail in 

accordance with section 6(a)(1) using the mail voter registration 

application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2); and 

(2) the individual meets the requirements of subsection (c) to 

provide a signature in electronic form (but only in the case of 

applications submitted during or after the second year in which 

this section is in effect in the State). 

(c) SIGNATURE REQUIREMENTS.— (1) IN GENERAL.—For purposes of this section, an individual 

meets the requirements of this subsection as follows: 

(A) In the case of an individual who has a signature on 

file with a State agency, including the State motor vehicle 

authority, that is required to provide voter registration 

services under this Act or any other law, the individual 

consents to the transfer of that electronic signature. 

(B) If subparagraph (A) does not apply, the individual 

submits with the application an electronic copy of the individual’s handwritten signature through electronic means. 

(C) If subparagraph (A) and subparagraph (B) do not 

apply, the individual executes a computerized mark in the 

signature field on an online voter registration application, 

in accordance with reasonable security measures established by the State, but only if the State accepts such mark 

from the individual. 

(2) TREATMENT OF INDIVIDUALS UNABLE TO MEET REQUIREMENT.—If an individual is unable to meet the requirements of 

paragraph (1), the State shall— 

(A) permit the individual to complete all other elements 

of the online voter registration application; 

(B) permit the individual to provide a signature at the 

time the individual requests a ballot in an election (whether the individual requests the ballot at a polling place or 

requests the ballot by mail); and 

(C) if the individual carries out the steps described in 

subparagraph (A) and subparagraph (B), ensure that the 

individual is registered to vote in the State. 

(3) NOTICE.—The State shall ensure that individuals applying to register to vote online are notified of the requirements of 

paragraph (1) and of the treatment of individuals unable to 

meet such requirements, as described in paragraph (2). 


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(d) CONFIRMATION AND DISPOSITION.— 

(1) CONFIRMATION OF RECEIPT.—Upon the online submission 

of a completed voter registration application by an individual 

under this section, the appropriate State or local election official 

shall send the individual a notice confirming the State’s receipt 

of the application and providing instructions on how the individual may check the status of the application. 

(2) NOTICE OF DISPOSITION.—Not later than 7 days after the 

appropriate State or local election official has approved or rejected an application submitted by an individual under this section, the official shall send the individual a notice of the disposition of the application. 

(3) METHOD OF NOTIFICATION.—The appropriate State or 

local election official shall send the notices required under this 

subsection by regular mail, and, in the case of an individual 

who has provided the official with an electronic mail address, 

by both electronic mail and regular mail. 

(e) PROVISION OF SERVICES IN NONPARTISAN MANNER.—The services made available under subsection (a) shall be provided in a 

manner that ensures that, consistent with section 7(a)(5)— 

(1) the online application does not seek to influence an applicant’s political preference or party registration; and 

(2) there is no display on the website promoting any political 

preference or party allegiance, except that nothing in this paragraph may be construed to prohibit an applicant from registering to vote as a member of a political party. 

(f) PROTECTION OF SECURITY OF INFORMATION.—In meeting the 

requirements of this section, the State shall establish appropriate 

technological security measures to prevent to the greatest extent 

practicable any unauthorized access to information provided by individuals using the services made available under subsection (a). 

(g) ACCESSIBILITY OF SERVICES.—A state shall ensure that the 

services made available under this section are made available to individuals with disabilities to the same extent as services are made 

available to all other individuals. 

(h) USE OF ADDITIONAL TELEPHONE-BASED SYSTEM.—A State 

shall make the services made available online under subsection (a) 

available through the use of an automated telephone-based system, 

subject to the same terms and conditions applicable under this section to the services made available online, in addition to making the 

services available online in accordance with the requirements of this 

section. 

(i) NONDISCRIMINATION AMONG REGISTERED VOTERS USING MAIL

AND ONLINE REGISTRATION.—In carrying out this Act, the Help 

America Vote Act of 2002, or any other Federal, State, or local law 

governing the treatment of registered voters in the State or the administration of elections for public office in the State, a State shall 

treat a registered voter who registered to vote online in accordance 

with this section in the same manner as the State treats a registered 

voter who registered to vote by mail. 

SEC. 7. VOTER REGISTRATION AGENCIES. 

(a) DESIGNATION.—(1) Each State shall designate agencies for the 

registration of voters in elections for Federal office. 

(2) Each State shall designate as voter registration agencies— 


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(A) all offices in the State that provide public assistance; 

øand¿ 

(B) all offices in the State that provide State-funded programs primarily engaged in providing services to persons with 

disabilitiesø.¿; and 

(C) each institution of higher education which has a program 

participation agreement in effect with the Secretary of Education under section 487 of the Higher Education Act of 1965 

(20 U.S.C. 1094), other than an institution which is treated as 

a contributing agency under the Automatic Voter Registration 

Act of 2019. 

(3)(A) In addition to voter registration agencies designated under 

paragraph (2), each State shall designate other offices within the 

State as voter registration agencies. 

(B) Voter registration agencies designated under subparagraph 

(A) may include— 

(i) State or local government offices such as public libraries, 

public schools, offices of city and county clerks (including marriage license bureaus), fishing and hunting license bureaus, 

government revenue offices, unemployment compensation offices, and offices not described in paragraph (2)(B) that provide 

services to persons with disabilities; and 

(ii) Federal and nongovernmental offices, with the agreement 

of such offices. 

(4)(A) At each voter registration agency, the following services 

shall be made available: 

(i) Distribution of mail voter registration application forms in 

accordance with paragraph (6). 

(ii) Assistance to applicants in completing voter registration 

application forms, unless the applicant refuses such assistance. 

(iii) Acceptance of completed voter registration application 

forms for transmittal to the appropriate State election official. 

(B) If a voter registration agency designated under paragraph 

(2)(B) provides services to a person with a disability at the person’s 

home, the agency shall provide the services described in subparagraph (A) at the person’s home. 

(5) A person who provides service described in paragraph (4) 

shall not— 

(A) seek to influence an applicant’s political preference or 

party registration; 

(B) display any such political preference or party allegiance; 

(C) make any statement to an applicant or take any action 

the purpose or effect of which is to discourage the applicant 

from registering to vote; or 

(D) make any statement to an applicant or take any action 

the purpose or effect of which is to lead the applicant to believe 

that a decision to register or not to register has any bearing 

on the availability of services or benefits. 

(6) A voter registration agency that is an office that provides 

service or assistance in addition to conducting voter registration 

shall— 

(A) distribute with each application for such service or assistance, or, in the case of an institution of higher education, with 

each registration of a student for enrollment in a course of 

study, including enrollment in a program of distance education, 


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as defined in section 103(7) of the Higher Education Act of 1965 

(20 U.S.C. 1003(7)), and with each recertification, renewal, or 

change of address form relating to such service or assistance— 

(i) the mail voter registration application form described 

in section 9(a)(2), including a statement that— 

(I) specifies each eligibility requirement (including 

citizenship); 

(II) contains an attestation that the applicant meets 

each such requirement; and 

(III) requires the signature of the applicant, under 

penalty of perjury; or 

(ii) the office’s own form if it is equivalent to the form 

described in section 9(a)(2), 

unless the applicant, in writing, declines to register to vote; 

(B) provide a form that includes— 

(i) the question, ‘‘If you are not registered to vote where 

you live now, would you like to apply to register to vote 

here today?’’; 

(ii) if the agency provides public assistance, the statement, ‘‘Applying to register or declining to register to vote 

will not affect the amount of assistance that you will be 

provided by this agency.’’; 

(iii) boxes for the applicant to check to indicate whether 

the applicant would like to register or declines to register 

to vote (failure to check either box being deemed to constitute a declination to register for purposes of subparagraph (C)), together with the statement (in close proximity 

to the boxes and in prominent type), ‘‘IF YOU DO NOT 

CHECK EITHER BOX, YOU WILL BE CONSIDERED TO 

HAVE DECIDED NOT TO REGISTER TO VOTE AT 

THIS TIME.’’; 

(iv) the statement, ‘‘If you would like help in filling out 

the voter registration application form, we will help you. 

The decision whether to seek or accept help is yours. You 

may fill out the application form in private.’’; and 

(v) the statement, ‘‘If you believe that someone has interfered with your right to register or to decline to register 

to vote, your right to privacy in deciding whether to register or in applying to register to vote, or your right to 

choose your own political party or other political preference, you may file a complaint with llllll.’’, the 

blank being filled by the name, address, and telephone 

number of the appropriate official to whom such a complaint should be addressed; and 

(C) provide to each applicant who does not decline to register 

to vote the same degree of assistance with regard to the completion of the registration application form as is provided by 

the office with regard to the completion of its own forms, unless the applicant refuses such assistance. 

(7) No information relating to a declination to register to vote in 

connection with an application made at an office described in paragraph (6) may be used for any purpose other than voter registration. 

(b) FEDERAL GOVERNMENT AND PRIVATE SECTOR COOPERATION.— 

All departments, agencies, and other entities of the executive 


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branch of the Federal Government shall, to the greatest extent 

practicable, cooperate with the States in carrying out subsection 

(a), and all nongovernmental entities are encouraged to do so. 

(c) ARMED FORCES RECRUITMENT OFFICES.—(1) Each State and 

the Secretary of Defense shall jointly develop and implement procedures for persons to apply to register to vote at recruitment offices 

of the Armed Forces of the United States. 

(2) A recruitment office of the Armed Forces of the United States 

shall be considered to be a voter registration agency designated 

under subsection (a)(2) for all purposes of this Act. 

(d) TRANSMITTAL DEADLINE.—(1) Subject to paragraph (2), a completed registration application accepted at a voter registration 

agency shall be transmitted to the appropriate State election official not later than 10 days after the date of acceptance. 

(2) If a registration application is accepted within 5 days before 

the last day for registration to vote in an election, the application 

shall be transmitted to the appropriate State election official not 

later than 5 days after the date of acceptance. 

SEC. 8. REQUIREMENTS WITH RESPECT TO ADMINISTRATION OF 

VOTER REGISTRATION. 

(a) IN GENERAL.—In the administration of voter registration for 

elections for Federal office, each State shall— 

(1) ensure that any eligible applicant is registered to vote in 

an election— 

(A) in the case of registration with a motor vehicle application under section 5, if the valid voter registration form 

of the applicant is submitted to the appropriate State 

motor vehicle authority not later than the lesser of 30 

days, or the period provided by State law, before the date 

of the election; 

(B) in the case of registration by mail under section 6, 

if the valid voter registration form of the applicant is postmarked not later than the lesser of 30 days, or the period 

provided by State law, before the date of the election; 

(C) in the case of registration at a voter registration 

agency, if the valid voter registration form of the applicant 

is accepted at the voter registration agency not later than 

the lesser of 30 days, or the period provided by State law, 

before the date of the election; øand¿ 

(D) in the case of online registration through the official 

public website of an election official under section 6A, if the 

valid voter registration application is submitted online not 

later than the lesser of 30 days, or the period provided by 

State law, before the date of the election (as determined by 

treating the date on which the application is sent electronically as the date on which it is submitted); and 

ø(D)¿ (E) in any other case, if the valid voter registration form of the applicant is received by the appropriate 

State election official not later than the lesser of 30 days, 

or the period provided by State law, before the date of the 

election; 

(2) require the appropriate State election official to send notice to each applicant of the disposition of the application; 


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(3) øprovide¿ subject to section 8A, provide that the name of 

a registrant may not be removed from the official list of eligible 

voters except— 

(A) at the request of the registrant; 

(B) as provided by State law, by reason of criminal conviction or mental incapacity; or 

(C) as provided under paragraph (4); 

(4) øconduct¿ subject to section 8A, conduct a general program that makes a reasonable effort to remove the names of 

ineligible voters from the official lists of eligible voters by reason of— 

(A) the death of the registrant; or 

(B) a change in the residence of the registrant, in accordance with subsections (b), (c), and (d); 

(5) inform applicants under sections 5, 6, øand 7¿ 6A, and 

7 of— 

(A) voter eligibility requirements; and 

(B) penalties provided by law for submission of a false 

voter registration application; and 

(6) ensure that the identity of the voter registration agency 

through which any particular voter is registered is not disclosed to the public. 

(b) CONFIRMATION OF VOTER REGISTRATION.—Any State program 

or activity to protect the integrity of the electoral process by ensuring the maintenance of an accurate and current voter registration 

roll for elections for Federal office— 

(1) shall be uniform, nondiscriminatory, and in compliance 

with the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.); 

and 

(2) shall not result in the removal of the name of any person 

from the official list of voters registered to vote in an election 

for Federal office by reason of the person’s failure to vote, except that nothing in this paragraph may be construed to prohibit a State from using the procedures described in subsections (c) and (d) to remove an individual from the official 

list of eligible voters if the individual— 

(A) has not either notified the applicable registrar (in 

person or in writing) or responded during the period described in subparagraph (B) to the notice sent by the applicable registrar; and then 

(B) has not voted or appeared to vote in 2 or more consecutive general elections for Federal office. 

(c) VOTER REMOVAL PROGRAMS.—(1) A State may meet the requirement of subsection (a)(4) by establishing a program under 

which— 

(A) change-of-address information supplied by the Postal 

Service through its licensees is used to identify registrants 

whose addresses may have changed; and 

(B) if it appears from information provided by the Postal 

Service that— 

(i) a registrant has moved to a different residence address in the same registrar’s jurisdiction in which the registrant is currently registered, the registrar changes the 

registration records to show the new address and sends 

the registrant a notice of the change by forwardable mail 


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and a postage prepaid pre-addressed return form by which 

the registrant may verify or correct the address information; or 

(ii) the registrant has moved to a different residence address not in the same registrar’s jurisdiction, the registrar 

uses the notice procedure described in subsection (d)(2) to 

confirm the change of address. 

(2)(A) A State shall complete, ønot later than 90 days¿ not later 

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

interstate cross-checks, not later than 6 months) prior to the date 

of a primary or general election for Federal office, any program the 

purpose of which is to systematically remove the names of ineligible voters from the official lists of eligible voters. 

(B) To the extent that the program carried out by a State under 

subparagraph (A) to systematically remove the names of ineligible 

voters from the official lists of eligible voters uses information obtained in an interstate cross-check, in addition to any other conditions imposed under this Act on the authority of the State to remove 

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

the name of the voter from such a list unless— 

(i) the State obtained the voter’s full name (including the voter’s middle name, if any) and date of birth, and the last 4 digits 

of the voter’s social security number, in the interstate crosscheck; or 

(ii) the State obtained documentation from the ERIC system 

that the voter is no longer a resident of the State. 

(C) In this paragraph— 

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

information from an election official in one State to an election 

official of another State; and 

(ii) the term ‘‘ERIC system’’ means the system operated by the 

Electronic Registration Information Center to share voter registration information and voter identification information 

among participating States. 

ø(B) Subparagraph (A)¿ (D) This paragraph shall not be construed to preclude— 

(i) the removal of names from official lists of voters on a 

basis described in paragraph (3) (A) or (B) or (4)(A) of subsection (a); or 

(ii) correction of registration records pursuant to this Act. 

(d) REMOVAL OF NAMES FROM VOTING ROLLS.—(1) A State shall 

not remove the name of a registrant from the official list of eligible 

voters in elections for Federal office on the ground that the registrant has changed residence unless the registrant— 

(A) confirms in writing that the registrant has changed residence to a place outside the registrar’s jurisdiction in which 

the registrant is registered; or 

(B)(i) has failed to respond to a notice described in paragraph 

(2); and 

(ii) has not voted or appeared to vote (and, if necessary, correct the registrar’s record of the registrant’s address) in an 

election during the period beginning on the date of the notice 

and ending on the day after the date of the second general 

election for Federal office that occurs after the date of the notice. 


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(2) A notice is described in this paragraph if it is a postage prepaid and pre-addressed return card, sent by forwardable mail, on 

which the registrant may state his or her current address, together 

with a notice to the following effect: 

(A) If the registrant did not change his or her residence, or 

changed residence but remained in the registrar’s jurisdiction, 

the registrant should return the card or update the registrant’s 

information on the computerized Statewide voter registration 

list using the online method provided under section 303(a)(6) of 

the Help America Vote Act of 2002 not later than the time provided for mail registration under subsection (a)(1)(B). If the 

card is not øreturned,¿ returned or if the registrant does not 

update the registrant’s information on the computerized Statewide voter registration list using such online method, affirmation or confirmation of the registrant’s address may be required before the registrant is permitted to vote in a Federal 

election during the period beginning on the date of the notice 

and ending on the day after the date of the second general 

election for Federal office that occurs after the date of the notice, and if the registrant does not vote in an election during 

that period the registrant’s name will be removed from the list 

of eligible voters. 

(B) If the registrant has changed residence to a place outside 

the registrar’s jurisdiction in which the registrant is registered, 

information concerning how the registrant can continue to be 

eligible to vote. 

(3) A voting registrar shall correct an official list of eligible voters 

in elections for Federal office in accordance with change of residence information obtained in conformance with this subsection. 

(4) A State may not transmit a notice to a registrant under 

this subsection unless the State obtains objective and reliable 

evidence (in accordance with the standards for such evidence 

which are described in section 8A(a)(2)) that the registrant has 

changed residence to a place outside the registrar’s jurisdiction 

in which the registrant is registered. 

(e) PROCEDURE FOR VOTING FOLLOWING FAILURE TO RETURN

CARD.—(1) A registrant who has moved from an address in the 

area covered by a polling place to an address in the same area 

shall, notwithstanding failure to notify the registrar of the change 

of address prior to the date of an election, be permitted to vote at 

that polling place upon oral or written affirmation by the registrant 

of the change of address before an election official at that polling 

place. 

(2)(A) A registrant who has moved from an address in the area 

covered by one polling place to an address in an area covered by 

a second polling place within the same registrar’s jurisdiction and 

the same congressional district and who has failed to notify the 

registrar of the change of address prior to the date of an election, 

at the option of the registrant— 

(i) shall be permitted to correct the voting records and vote 

at the registrant’s former polling place, upon oral or written affirmation by the registrant of the new address before an election official at that polling place; or 

(ii)(I) shall be permitted to correct the voting records and 

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tion designated by the registrar where a list of eligible voters 

is maintained, upon written affirmation by the registrant of 

the new address on a standard form provided by the registrar 

at the central location; or 

(II) shall be permitted to correct the voting records for purposes of voting in future elections at the appropriate polling 

place for the current address and, if permitted by State law, 

shall be permitted to vote in the present election, upon confirmation by the registrant of the new address by such means 

as are required by law. 

(B) If State law permits the registrant to vote in the current election upon oral or written affirmation by the registrant of the new 

address at a polling place described in subparagraph (A)(i) or 

(A)(ii)(II), voting at the other locations described in subparagraph 

(A) need not be provided as options. 

(3) If the registration records indicate that a registrant has 

moved from an address in the area covered by a polling place, the 

registrant shall, upon oral or written affirmation by the registrant 

before an election official at that polling place that the registrant 

continues to reside at the address previously made known to the 

registrar, be permitted to vote at that polling place. 

(f) CHANGE OF VOTING ADDRESS WITHIN A JURISDICTION.—In the 

case of a change of address, for voting purposes, of a registrant to 

another address within the same registrar’s jurisdiction, the registrar shall correct the voting registration list accordingly, and the 

registrant’s name may not be removed from the official list of eligible voters by reason of such a change of address except as provided 

in subsection (d). 

(g) CONVICTION IN FEDERAL COURT.—(1) On the conviction of a 

person of a felony in a district court of the United States, the 

United States attorney shall give written notice of the conviction 

to the chief State election official designated under section 10 of the 

State of the person’s residence. 

(2) A notice given pursuant to paragraph (1) shall include— 

(A) the name of the offender; 

(B) the offender’s age and residence address; 

(C) the date of entry of the judgment; 

(D) a description of the offenses of which the offender was 

convicted; and 

(E) the sentence imposed by the court. 

(3) On request of the chief State election official of a State or 

other State official with responsibility for determining the effect 

that a conviction may have on an offender’s qualification to vote, 

the United States attorney shall provide such additional information as the United States attorney may have concerning the offender and the offense of which the offender was convicted. 

(4) If a conviction of which notice was given pursuant to paragraph (1) is overturned, the United States attorney shall give the 

official to whom the notice was given written notice of the vacation 

of the judgment. 

(5) The chief State election official shall notify the voter registration officials of the local jurisdiction in which an offender resides 

of the information received under this subsection. 


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(h) REDUCED POSTAL RATES.—(1) Subchapter II of chapter 36 of 

title 39, United States Code, is amended by adding at the end the 

following: 

‘‘§ 3629. REDUCED RATES FOR VOTER REGISTRATION 

PURPOSES. 

‘‘The Postal Service shall make available to a State or local voting registration official the rate for any class of mail that is available to a qualified nonprofit organization under section 3626 for the 

purpose of making a mailing that the official certifies is required 

or authorized by the National Voter Registration Act of 1993.’’. 

(2) The first sentence of section 2401(c) of title 39, United States 

Code, is amended by striking out ‘‘and 3626(a)–(h) and (j)–(k) of 

this title,’’ and inserting in lieu thereof ‘‘3626(a)–(h), 3626(j)–(k), 

and 3629 of this title’’. 

(3) Section 3627 of title 39, United States Code, is amended by 

striking out ‘‘or 3626 of this title,’’ and inserting in lieu thereof 

‘‘3626, or 3629 of this title’’. 

(4) The table of sections for chapter 36 of title 39, United States 

Code, is amended by inserting after the item relating to section 

3628 the following new item: 

‘‘3629. Reduced rates for voter registration purposes.’’. 

(i) PUBLIC DISCLOSURE OF VOTER REGISTRATION ACTIVITIES.—(1) 

Each State shall maintain for at least 2 years and shall make 

available for public inspection and, where available, photocopying 

at a reasonable cost, all records concerning the implementation of 

programs and activities conducted for the purpose of ensuring the 

accuracy and currency of official lists of eligible voters, except to 

the extent that such records relate to a declination to register to 

vote or to the identity of a voter registration agency through which 

any particular voter is registered. 

(2) The records maintained pursuant to paragraph (1) shall include lists of the names and addresses of all persons to whom notices described in subsection (d)(2) are sent, and information concerning whether or not each such person has responded to the notice as of the date that inspection of the records is made. 

(j) REQUIREMENT FOR STATE TO REGISTER APPLICANTS PROVIDING

NECESSARY INFORMATION TO SHOW ELIGIBILITY TO VOTE.—For purposes meeting the requirement of subsection (a)(1) that an eligible 

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

the deadlines required under such subsection, the State shall consider an applicant to have provided a ‘‘valid voter registration form’’ 

if— 

(1) the applicant has substantially completed the application 

form and attested to the statement required by section 9(b)(2); 

and 

(2) in the case of an applicant who registers to vote online in 

accordance with section 6A, the applicant provides a signature 

in accordance with subsection (c) of such section. 

ø(j)¿ (k) DEFINITION.—For the purposes of this section, the term 

‘‘registrar’s jurisdiction’’ means— 

(1) an incorporated city, town, borough, or other form of municipality; 

(2) if voter registration is maintained by a county, parish, or 

other unit of government that governs a larger geographic area 


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than a municipality, the geographic area governed by that unit 

of government; or 

(3) if voter registration is maintained on a consolidated basis 

for more than one municipality or other unit of government by 

an office that performs all of the functions of a voting registrar, 

the geographic area of the consolidated municipalities or other 

geographic units. 

SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM OFFICIAL LIST 

OF REGISTERED VOTERS. 

(a) VERIFICATION ON BASIS OF OBJECTIVE AND RELIABLE EVI- DENCE OF INELIGIBILITY.— (1) REQUIRING VERIFICATION.—Notwithstanding any other 

provision of this Act, a State may not remove the name of any 

registrant from the official list of voters eligible to vote in elections for Federal office in the State unless the State verifies, on 

the basis of objective and reliable evidence, that the registrant 

is ineligible to vote in such elections. 

(2) FACTORS NOT CONSIDERED AS OBJECTIVE AND RELIABLE

EVIDENCE OF INELIGIBILITY.—For purposes of paragraph (2), the 

following factors, or any combination thereof, shall not be treated as objective and reliable evidence of a registrant’s ineligibility to vote: 

(A) The failure of the registrant to vote in any election. 

(B) The failure of the registrant to respond to any notice 

sent under section 8(d), unless the notice has been returned 

as undeliverable. 

(C) The failure of the registrant to take any other action 

with respect to voting in any election or with respect to the 

registrant’s status as a registrant. 

(b) NOTICE AFTER REMOVAL.— 

(1) NOTICE TO INDIVIDUAL REMOVED.— (A) IN GENERAL.—Not later than 48 hours after a State 

removes the name of a registrant from the official list of eligible voters for any reason (other than the death of the registrant), the State shall send notice of the removal to the 

former registrant, and shall include in the notice the 

grounds for the removal and information how the former 

registrant may contest the removal, including a telephone 

number for the appropriate election official., and how to 

contest the removal or be reinstated, including a contact 

phone number. 

(B) EXCEPTIONS.—Subparagraph (A) does not apply in 

the case of a registrant— 

(i) who sends written confirmation to the State that 

the registrant is no longer eligible to vote in the registrar’s jurisdiction in which the registrant was registered; or 

(ii) who is removed from the official list of eligible 

voters by reason of the death of the registrant. 

(2) PUBLIC NOTICE.—Not later than 48 hours after conducting 

any general program to remove the names of ineligible voters 

from the official list of eligible voters (as described in section 

8(a)(4)), the State shall disseminate a public notice through 

such methods as may be reasonable to reach the general public 

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culation or posting the notice on the websites of the appropriate 

election officials) that list maintenance is taking place and that 

registrants should check their registration status to ensure no 

errors or mistakes have been made. The State shall ensure that 

the public notice disseminated under this paragraph is in a format that is reasonably convenient and accessible to voters with 

disabilities, including voters who have low vision or are blind. 

SEC. 9. FEDERAL COORDINATION AND REGULATIONS. 

(a) IN GENERAL.—The Election Assistance Commission— 

(1) in consultation with the chief election officers of the 

States, shall prescribe such regulations as are necessary to 

carry out paragraphs (2) and (3); 

(2) in consultation with the chief election officers of the 

States, shall develop a mail voter registration application form 

for elections for Federal office; 

(3) not later than June 30 of each odd-numbered year, shall 

submit to the Congress a report assessing the impact of this 

Act on the administration of elections for Federal office during 

the preceding 2-year period and including recommendations for 

improvements in Federal and State procedures, forms, and 

other matters affected by this Act; and 

(4) shall provide information to the States with respect to the 

responsibilities of the States under this Act. 

(b) CONTENTS OF MAIL VOTER REGISTRATION FORM.—The mail 

voter registration form developed under subsection (a)(2)— 

(1) may require only such identifying information (including 

the signature of the applicant) and other information (including data relating to previous registration by the applicant), as 

is necessary to enable the appropriate State election official to 

assess the eligibility of the applicant and to administer voter 

registration and other parts of the election process; 

(2) shall include a statement that— 

(A) specifies each eligibility requirement (including citizenship); 

(B) contains an attestation that the applicant meets each 

such requirement; and 

(C) requires the signature of the applicant, under penalty of perjury; 

(3) may not include any requirement for notarization or 

other formal authentication; øand¿ 

(4) shall include, in print that is identical to that used in the 

attestation portion of the application— 

(i) the information required in section 8(a)(5) (A) and (B); 

(ii) a statement that, if an applicant declines to register 

to vote, the fact that the applicant has declined to register 

will remain confidential and will be used only for voter 

registration purposes; and 

(iii) a statement that if an applicant does register to 

vote, the office at which the applicant submits a voter registration application will remain confidential and will be 

used only for voter registration purposesø.¿; and 

(5) shall include a space for the applicant to provide (at the 

applicant’s option) an electronic mail address, together with a 

statement that, if the applicant so requests, instead of using 


dlhill on DSK3GLQ082PROD with HEARING
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regular mail the appropriate State and local election officials 

shall provide to the applicant, through electronic mail sent to 

that address, the same voting information (as defined in section 

302(b)(2) of the Help America Vote Act of 2002) which the officials would provide to the applicant through regular mail. 

(c) PROHIBITING USE OF ELECTRONIC MAIL ADDRESSES FOR

OTHER THAN OFFICIAL PURPOSES.—The chief State election official 

shall ensure that any electronic mail address provided by an applicant under subsection (b)(5) is used only for purposes of carrying 

out official duties of election officials and is not transmitted by any 

State or local election official (or any agent of such an official, including a contractor) to any person who does not require the address to carry out such official duties and who is not under the direct supervision and control of a State or local election official. 

* * * * * * * 

HELP AMERICA VOTE ACT OF 2002 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Help America 

Vote Act of 2002’’. 

(b) TABLE OF CONTENTS.—The table of contents of this Act is as 

follows: 

Sec. 1. Short title; table of contents. 

* * * * * * * 

TITLE II—COMMISSION 

* * * * * * * 

Subtitle C—Studies and Other Activities To Promote Effective Administration of 

Federal Elections 

* * * * * * * 

Sec. 247. Study and report on accessible paper ballot verification mechanisms. 

Sec. ø247.¿ 248. Consultation with Standards Board and Board of Advisors. 

* * * * * * * 

Subtitle D—Election Assistance 

* * * * * * * 

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. 

PART 8—GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS AND

CARRYING OUT VOTING SYSTEM 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. 

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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TITLE III—UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY 

AND ADMINISTRATION REQUIREMENTS 

Subtitle A—Requirements 

Sec. 301. Voting systems standards. 

Sec. 301A. Pre-election reports on voting system usage. 

* * * * * * * 

Sec. 303A. Permitting use of sworn written statement to meet identification requirements. 

Sec. 303B. Requiring participation in post-general election surveys. 

Sec. 304. Same day registration. 

Sec. 305. Access to voter registration and voting for individuals with disabilities. 

Sec. 306. Early voting. 

Sec. 307. Promoting ability of voters to vote by mail. 

Sec. ø304.¿ 308. Minimum requirements. 

Sec. ø305.¿ 309. Methods of implementation left to discretion of State. 

* * * * * * * 

TITLE IX—MISCELLANEOUS PROVISIONS 

øSec. 901. State defined.¿ 

Sec. 901. Definitions. 

* * * * * * * 

TITLE II—COMMISSION 

Subtitle A—Establishment and General 

Organization 

PART 1—ELECTION ASSISTANCE COMMISSION 

* * * * * * * 

SEC. 202. DUTIES. 

øThe Commission¿ (a) IN GENERAL.—The Commission shall 

serve as a national clearinghouse and resource for the compilation 

of information and review of procedures with respect to the administration of Federal elections øby¿ and the security of election infrastructure by— 

(1) carrying out the duties described in part 3 (relating to the 

adoption of voluntary voting system guidelines), including the 

maintenance of a clearinghouse of information on the experiences of State and local governments in implementing the 

guidelines and in operating voting systems in general; 

(2) carrying out the duties described in subtitle B (relating 

to the testing, certification, decertification, and recertification 

of voting system hardware and software); 

(3) carrying out the duties described in subtitle C (relating 

to conducting studies and carrying out other activities to promote the effective administration of Federal elections); 

(4) carrying out the duties described in subtitle D (relating 

to election assistance), and providing information and training 

on the management of the payments and grants provided 

under such subtitle; 

(5) carrying out the duties described in subtitle B of title III 

(relating to the adoption of voluntary guidance); and 

(6) developing and carrying out the Help America Vote College Program under title V. 


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(b) WAIVER OF CERTAIN REQUIREMENTS.—Subchapter I of chapter 

35 of title 44, United States Code, shall not apply to the collection 

of information for purposes of maintaining the clearinghouse described in paragraph (1) of subsection (a). 

* * * * * * * 

SEC. 205. POWERS. 

(a) HEARINGS AND SESSIONS.—The Commission may hold such 

hearings for the purpose of carrying out this Act, sit and act at 

such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. 

The Commission may administer oaths and affirmations to witnesses appearing before the Commission. 

(b) INFORMATION FROM FEDERAL AGENCIES.—The Commission 

may secure directly from any Federal department or agency such 

information as the Commission considers necessary to carry out 

this Act. Upon request of the Commission, the head of such department or agency shall furnish such information to the Commission. 

(c) POSTAL SERVICES.—The Commission may use the United 

States mails in the same manner and under the same conditions 

as other departments and agencies of the Federal Government. 

(d) ADMINISTRATIVE SUPPORT SERVICES.—Upon the request of the 

Commission, the Administrator of General Services shall provide to 

the Commission, on a reimbursable basis, the administrative support services that are necessary to enable the Commission to carry 

out its duties under this Act. 

ø(e) CONTRACTS.—The Commission may contract with and compensate persons and Federal agencies for supplies and services 

without regard to section 3709 of the Revised Statutes of the 

United States (41 U.S.C. 5).¿ 

* * * * * * * 

SEC. 210. AUTHORIZATION OF APPROPRIATIONS. 

In addition to the amounts authorized for payments and grants 

under this title and the amounts authorized to be appropriated for 

the program under section 503, there are authorized to be appropriated øfor each of the fiscal years 2003 through 2005¿ for fiscal 

year 2019 and each succeeding fiscal year such sums as may be 

necessary ø(but not to exceed $10,000,000 for each such year)¿ for 

the Commission to carry out this title. 

PART 2—ELECTION ASSISTANCE COMMISSION 

STANDARDS BOARD AND BOARD OF ADVISORS 

* * * * * * * 

SEC. 213. MEMBERSHIP OF STANDARDS BOARD. 

(a) COMPOSITION.— 

(1) IN GENERAL.—Subject to certification by the chair of the 

Federal Election Commission under subsection (b), the Standards Board shall be composed of 110 members as follows: 

(A) Fifty-five shall be State election officials selected by 

the chief State election official of each State. 

(B) Fifty-five shall be local election officials selected in 

accordance with paragraph (2). 


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(2) LIST OF LOCAL ELECTION OFFICIALS.—Each State’s local 

election officials, including the local election officials of Puerto 

Rico and the United States Virgin Islands, shall select (under 

a process supervised by the chief election official of the State) 

a representative local election official from the State for purposes of paragraph (1)(B). In the case of the District of Columbia, Guam, øand American Samoa¿ American Samoa, and the 

Commonwealth of the Northern Mariana Islands, the chief 

election official shall establish a procedure for selecting an individual to serve as a local election official for purposes of such 

paragraph, except that under such a procedure the individual 

selected may not be a member of the same political party as 

the chief election official. 

(3) REQUIRING MIX OF POLITICAL PARTIES REPRESENTED.—The 

two members of the Standards Board who represent the same 

State may not be members of the same political party. 

(b) PROCEDURES FOR NOTICE AND CERTIFICATION OF APPOINT- MENT.— 

(1) NOTICE TO CHAIR OF FEDERAL ELECTION COMMISSION.— Not later than 90 days after the date of the enactment of this 

Act, the chief State election official of the State shall transmit 

a notice to the chair of the Federal Election Commission containing— 

(A) the name of the State election official who agrees to 

serve on the Standards Board under this title; and 

(B) the name of the representative local election official 

from the State selected under subsection (a)(2) who agrees 

to serve on the Standards Board under this title. 

(2) CERTIFICATION.—Upon receiving a notice from a State 

under paragraph (1), the chair of the Federal Election Commission shall publish a certification that the selected State election official and the representative local election official are appointed as members of the Standards Board under this title. 

(3) EFFECT OF FAILURE TO PROVIDE NOTICE.—If a State does 

not transmit a notice to the chair of the Federal Election Commission under paragraph (1) within the deadline described in 

such paragraph, no representative from the State may participate in the selection of the initial Executive Board under subsection (c). 

(4) ROLE OF COMMISSION.—Upon the appointment of the 

members of the Election Assistance Commission, the Election 

Assistance Commission shall carry out the duties of the Federal Election Commission under this subsection. 

(c) EXECUTIVE BOARD.— 

(1) IN GENERAL.—Not later than 60 days after the last day 

on which the appointment of any of its members may be certified under subsection (b), the Standards Board shall select 

nine of its members to serve as the Executive Board of the 

Standards Board, of whom— 

(A) not more than five may be State election officials; 

(B) not more than five may be local election officials; and 

(C) not more than five may be members of the same political party. 

(2) TERMS.—Except as provided in paragraph (3), members of 

the Executive Board of the Standards Board shall serve for a 


dlhill on DSK3GLQ082PROD with HEARING
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term of 2 years and may not serve for more than 3 consecutive 

terms. 

(3) STAGGERING OF INITIAL TERMS.—Of the members first selected to serve on the Executive Board of the Standards 

Board— 

(A) three shall serve for 1 term; 

(B) three shall serve for 2 consecutive terms; and 

(C) three shall serve for 3 consecutive terms, 

as determined by lot at the time the members are first appointed. 

(4) DUTIES.—In addition to any other duties assigned under 

this title, the Executive Board of the Standards Board may 

carry out such duties of the Standards Board as the Standards 

Board may delegate. 

SEC. 214. MEMBERSHIP OF BOARD OF ADVISORS. 

(a) IN GENERAL.—The Board of Advisors shall be composed of 

ø37 members¿ 38 members appointed as follows: 

(1) Two members appointed by the National Governors Association. 

(2) Two members appointed by the National Conference of 

State Legislatures. 

(3) Two members appointed by the National Association of 

Secretaries of State. 

(4) Two members appointed by the National Association of 

State Election Directors. 

(5) Two members appointed by the National Association of 

Counties. 

(6) Two members appointed by the National Association of 

County Recorders, Election Administrators, and Clerks. 

(7) Two members appointed by the United States Conference 

of Mayors. 

(8) Two members appointed by the Election Center. 

(9) Two members appointed by the International Association 

of County Recorders, Election Officials, and Treasurers. 

(10) Two members appointed by the United States Commission on Civil Rights. 

(11) Two members appointed by the Architectural and Transportation Barrier Compliance Board under section 502 of the 

Rehabilitation Act of 1973 (29 U.S.C. 792). 

(12) The chief of the Office of Public Integrity of the Department of Justice, or the chief’s designee. 

(13) The chief of the Voting Section of the Civil Rights Division of the Department of Justice or the chief’s designee. 

(14) The director of the Federal Voting Assistance Program 

of the Department of Defense. 

(15) Four members representing professionals in the field of 

science and technology, of whom— 

(A) one each shall be appointed by the Speaker and the 

Minority Leader of the House of Representatives; and 

(B) one each shall be appointed by the Majority Leader 

and the Minority Leader of the Senate. 

(16) Eight members representing voter interests, of whom— 

(A) four members shall be appointed by the Committee 

on House Administration of the House of Representatives, 


dlhill on DSK3GLQ082PROD with HEARING
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of whom two shall be appointed by the chair and two shall 

be appointed by the ranking minority member; and 

(B) four members shall be appointed by the Committee 

on Rules and Administration of the Senate, of whom two 

shall be appointed by the chair and two shall be appointed 

by the ranking minority member. 

(17) The Secretary of Homeland Security or the Secretary’s 

designee. 

(b) MANNER OF APPOINTMENTS.—Appointments shall be made to 

the Board of Advisors under subsection (a) in a manner which ensures that the Board of Advisors will be bipartisan in nature and 

will reflect the various geographic regions of the United States. 

(c) TERM OF SERVICE; VACANCY.—Members of the Board of Advisors shall serve for a term of 2 years, and may be reappointed. Any 

vacancy in the Board of Advisors shall be filled in the manner in 

which the original appointment was made. 

(d) CHAIR.—The Board of Advisors shall elect a Chair from 

among its members. 

* * * * * * * 

PART 3—TECHNICAL GUIDELINES 

DEVELOPMENT COMMITTEE 

SEC. 221. TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE. 

(a) ESTABLISHMENT.—There is hereby established the Technical 

Guidelines Development Committee (hereafter in this part referred 

to as the ‘‘Development Committee’’). 

(b) DUTIES.— 

(1) IN GENERAL.—The Development Committee shall assist 

the Executive Director of the Commission in the development 

of the voluntary voting system guidelines. 

(2) DEADLINE FOR INITIAL SET OF RECOMMENDATIONS.—The 

Development Committee shall provide its first set of recommendations under this section to the Executive Director of 

the Commission not later than 9 months after all of its members have been appointed. 

(3) ELECTION CYBERSECURITY GUIDELINES.—Not later than 6 

months after the date of the enactment of this paragraph, the 

Development Committee shall issue election cybersecurity guidelines, including standards and best practices for procuring, 

maintaining, testing, operating, and updating election systems 

to prevent and deter cybersecurity incidents. 

(c) MEMBERSHIP.— 

(1) IN GENERAL.—The Development Committee shall be composed of the Director of the National Institute of Standards 

and Technology (who shall serve as its chair), together with a 

group of 14 other individuals appointed jointly by the Commission and the Director of the National Institute of Standards 

and Technology, consisting of the following: 

(A) An equal number of each of the following: 

(i) Members of the Standards Board. 

(ii) Members of the Board of Advisors. 


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(iii) Members of the Architectural and Transportation Barrier Compliance Board under section 502 of 

the Rehabilitation Act of 1973 (29 U.S.C. 792). 

(B) A representative of the American National Standards Institute. 

(C) A representative of the Institute of Electrical and 

Electronics Engineers. 

(D) Two representatives of the National Association of 

State Election Directors selected by such Association who 

are not members of the Standards Board or Board of Advisors, and who are not of the same political party. 

(E) A representative of the Department of Homeland Security. 

ø(E)¿ (F) Other individuals with technical and scientific 

expertise relating to voting systems and voting equipment. 

(2) QUORUM.—A majority of the members of the Development Committee shall constitute a quorum, except that the Development Committee may not conduct any business prior to 

the appointment of all of its members. 

(d) NO COMPENSATION FOR SERVICE.—Members of the Development Committee shall not receive any compensation for their service, but shall be paid travel expenses, including per diem in lieu 

of subsistence, at rates authorized for employees of agencies under 

subchapter I of chapter 57 of title 5, United States Code, while 

away from their homes or regular places of business in the performance of services for the Development Committee. 

(e) TECHNICAL SUPPORT FROM NATIONAL INSTITUTE OF STAND- ARDS AND TECHNOLOGY.— (1) IN GENERAL.—At the request of the Development Committee, the Director of the National Institute of Standards and 

Technology shall provide the Development Committee with 

technical support necessary for the Development Committee to 

carry out its duties under this subtitle. 

(2) TECHNICAL SUPPORT.—The technical support provided 

under paragraph (1) shall include intramural research and development in areas to support the development of the voluntary voting system guidelines under this part, including— 

(A) the security of computers, computer networks, and 

computer data storage used in voting systems, including 

the computerized list required under section 303(a); 

(B) methods to detect and prevent fraud; 

(C) the protection of voter privacy; 

(D) the role of human factors in the design and application of voting systems, including assistive technologies for 

individuals with disabilities (including blindness) and 

varying levels of literacy; and 

(E) remote access voting, including voting through the 

Internet. 

(3) NO PRIVATE SECTOR INTELLECTUAL PROPERTY RIGHTS IN

GUIDELINES.—No private sector individual or entity shall obtain any intellectual property rights to any guideline or the 

contents of any guideline (or any modification to any guideline) 

adopted by the Commission under this Act. 

(f) PUBLICATION OF RECOMMENDATIONS IN FEDERAL REGISTER.— 

At the time the Commission adopts any voluntary voting system 


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guideline pursuant to section 222, the Development Committee 

shall cause to have published in the Federal Register the recommendations it provided under this section to the Executive Director of the Commission concerning the guideline adopted. 

* * * * * * * 

Subtitle B—Testing, Certification, Decertification, and Recertification of Voting 

System Hardware and Software 

SEC. 231. CERTIFICATION AND TESTING OF VOTING SYSTEMS. 

(a) CERTIFICATION AND TESTING.— 

(1) IN GENERAL.—The Commission shall provide for the testing, certification, decertification, and recertification of voting 

system hardware and software by accredited laboratories. 

(2) OPTIONAL USE BY STATES.—At the option of a State, the 

State may provide for the testing, certification, decertification, 

or recertification of its voting system hardware and software by 

the laboratories accredited by the Commission under this section. 

(3) TESTING TO ENSURE COMPLIANCE WITH GUIDELINES.— 

(A) TESTING.—Not later than 9 months before the date of 

each regularly scheduled general election for Federal office, 

the Commission shall provide for the testing by accredited 

laboratories under this section of the voting system hardware and software which was certified for use in the most 

recent such election, on the basis of the most recent voting 

system guidelines applicable to such hardware or software 

(including election cybersecurity guidelines) issued under 

this Act. 

(B) DECERTIFICATION OF HARDWARE OR SOFTWARE FAILING TO MEET GUIDELINES.—If, on the basis of the testing 

described in subparagraph (A), the Commission determines 

that any voting system hardware or software does not meet 

the most recent guidelines applicable to such hardware or 

software issued under this Act, the Commission shall decertify such hardware or software. 

(b) LABORATORY ACCREDITATION.— 

(1) RECOMMENDATIONS BY NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.—Not later than 6 months after the 

Commission first adopts voluntary voting system guidelines 

under part 3 of subtitle A, the Director of the National Institute of Standards and Technology shall conduct an evaluation 

of independent, non-Federal laboratories and shall submit to 

the Commission a list of those laboratories the Director proposes to be accredited to carry out the testing, certification, decertification, and recertification provided for under this section. 

(2) APPROVAL BY COMMISSION.— 

(A) IN GENERAL.—The Commission shall vote on the accreditation of any laboratory under this section, taking 

into consideration the list submitted under paragraph (1), 

and no laboratory may be accredited for purposes of this 


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section unless its accreditation is approved by a vote of the 

Commission. 

(B) ACCREDITATION LABORATORIES NOT ON DIRECTOR

LIST.—The Commission shall publish an explanation for 

the accreditation of any laboratory not included on the list 

submitted by the Director of the National Institute of 

Standards and Technology under paragraph (1). 

(c) CONTINUING REVIEW BY NATIONAL INSTITUTE OF STANDARDS

AND TECHNOLOGY.— (1) IN GENERAL.—In cooperation with the Commission and in 

consultation with the Standards Board and the Board of Advisors, the Director of the National Institute of Standards and 

Technology shall monitor and review, on an ongoing basis, the 

performance of the laboratories accredited by the Commission 

under this section, and shall make such recommendations to 

the Commission as it considers appropriate with respect to the 

continuing accreditation of such laboratories, including recommendations to revoke the accreditation of any such laboratory. 

(2) APPROVAL BY COMMISSION REQUIRED FOR REVOCATION.— The accreditation of a laboratory for purposes of this section 

may not be revoked unless the revocation is approved by a vote 

of the Commission. 

(d) TRANSITION.—Until such time as the Commission provides for 

the testing, certification, decertification, and recertification of voting system hardware and software by accredited laboratories under 

this section, the accreditation of laboratories and the procedure for 

the testing, certification, decertification, and recertification of voting system hardware and software used as of the date of the enactment of this Act shall remain in effect. 

(e) REPORT ON USE OF FUNDS TRANSFERRED FROM COMMIS- SION.—To the extent that funds are transferred from the Commission to the Director of the National Institute of Standards and Technology for purposes of carrying out this section during any fiscal 

year, the Director may not use such funds unless the Director certifies at the time of transfer that the Director will submit a report 

to the Commission not later than 90 days after the end of the fiscal 

year detailing how the Director used such funds during the year. 

Subtitle C—Studies and Other Activities 

To Promote Effective Administration of 

Federal Elections 

SEC. 241. PERIODIC STUDIES OF ELECTION ADMINISTRATION ISSUES. 

(a) IN GENERAL.—On such periodic basis as the Commission may 

determine, øthe Commission shall¿ the Commission, in consultation 

with the Secretary of Homeland Security (as appropriate), shall conduct and make available to the public studies regarding the election administration issues described in subsection (b), with the goal 

of promoting methods of voting and administering elections 

which— 

(1) will be the most convenient, accessible, and easy to use 

for voters, including members of the uniformed services and 

overseas voters, individuals with disabilities, including the 


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blind and visually impaired, and voters with limited proficiency in the English language; 

(2) will yield the most accurate, secure, and expeditious system for voting and tabulating election results; 

(3) will be nondiscriminatory and afford each registered and 

eligible voter an equal opportunity to vote and to have that 

vote counted; øand¿ 

(4) will be secure against attempts to undermine the integrity 

of election systems by cyber or other means; and 

ø(4)¿ (5) will be efficient and cost-effective for use. 

(b) ELECTION ADMINISTRATION ISSUES DESCRIBED.—For purposes 

of subsection (a), the election administration issues described in 

this subsection are as follows: 

(1) Methods and mechanisms of election technology and voting systems used in voting and counting votes in elections for 

Federal office, including the over-vote and under-vote notification capabilities of such technology and systems. 

(2) Ballot designs for elections for Federal office. 

(3) Methods of voter registration, maintaining secure and accurate lists of registered voters (including the establishment of 

a centralized, interactive, statewide voter registration list 

linked to relevant agencies and all polling sites), and ensuring 

that registered voters appear on the voter registration list at 

the appropriate polling site. 

(4) Methods of conducting provisional voting. 

(5) Methods of ensuring the accessibility of voting, registration, polling places, and voting equipment to all voters, including individuals with disabilities (including the blind and visually impaired), Native American or Alaska Native citizens, 

and voters with limited proficiency in the English language. 

(6) Nationwide statistics and methods of identifying, deterring, and investigating voting fraud in elections for Federal office. 

(7) Identifying, deterring, and investigating methods of voter 

intimidation. 

(8) Methods of recruiting, training, and improving the performance of poll workers. 

(9) Methods of educating voters about the process of registering to vote and voting, the operation of voting mechanisms, the location of polling places, and all other aspects of 

participating in elections. 

(10) The feasibility and advisability of conducting elections 

for Federal office on different days, at different places, and 

during different hours, including the advisability of establishing a uniform poll closing time and establishing— 

(A) a legal public holiday under section 6103 of title 5, 

United States Code, as the date on which general elections 

for Federal office are held; 

(B) the Tuesday next after the 1st Monday in November, 

in every even numbered year, as a legal public holiday 

under such section; 

(C) a date other than the Tuesday next after the 1st 

Monday in November, in every even numbered year as the 

date on which general elections for Federal office are held; 

and 


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(D) any date described in subparagraph (C) as a legal 

public holiday under such section. 

(11) Federal and State laws governing the eligibility of persons to vote. 

(12) Ways that the Federal Government can best assist State 

and local authorities to improve the administration of elections 

for Federal office and what levels of funding would be necessary to provide such assistance. 

(13)(A) The laws and procedures used by each State that 

govern— 

(i) recounts of ballots cast in elections for Federal office; 

(ii) contests of determinations regarding whether 

votes are counted in such elections; and 

(iii) standards that define what will constitute a 

vote on each type of voting equipment used in the 

State to conduct elections for Federal office. 

(B) The best practices (as identified by the Commission) 

that are used by States with respect to the recounts and 

contests described in clause (i). 

(C) Whether or not there is a need for more consistency 

among State recount and contest procedures used with respect to elections for Federal office. 

(14) The technical feasibility of providing voting materials in 

eight or more languages for voters who speak those languages 

and who have limited English proficiency. 

(15) Matters particularly relevant to voting and administering elections in rural and urban areas. 

(16) Methods of voter registration for members of the uniformed services and overseas voters, and methods of ensuring 

that such voters receive timely ballots that will be properly 

and expeditiously handled and counted. 

(17) The best methods for establishing voting system performance benchmarks, expressed as a percentage of residual 

vote in the Federal contest at the top of the ballot. 

(18) Broadcasting practices that may result in the broadcast 

of false information concerning the location or time of operation of a polling place. 

(19) Such other matters as the Commission determines are 

appropriate. 

(c) REPORTS.—The Commission shall submit to the President and 

to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of 

the Senate a report on each study conducted under subsection (a) 

together with such recommendations for administrative and legislative action as the Commission determines is appropriate. 

* * * * * * * 

SEC. 247. STUDY AND REPORT ON ACCESSIBLE PAPER BALLOT 

VERIFICATION MECHANISMS. 

(a) STUDY AND REPORT.—The Director of the National Science 

Foundation shall make grants to not fewer than 3 eligible entities 

to study, test, and develop accessible paper ballot voting, 

verification, and casting mechanisms and devices and best practices 

to enhance the accessibility of paper ballot voting and verification 


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mechanisms for individuals with disabilities, for voters whose primary language is not English, and for voters with difficulties in literacy, including best practices for the mechanisms themselves and 

the processes through which the mechanisms are used. 

(b) ELIGIBILITY.—An entity is eligible to receive a grant under this 

part if it submits to the Director (at such time and in such form as 

the Director may require) an application containing— 

(1) certifications that the entity shall specifically investigate 

enhanced methods or devices, including non-electronic devices, 

that will assist such individuals and voters in marking voterverified paper ballots and presenting or transmitting the information printed or marked on such ballots back to such individuals and voters, and casting such ballots; 

(2) a certification that the entity shall complete the activities 

carried out with the grant not later than December 31, 2020; 

and 

(3) such other information and certifications as the Director 

may require. 

(c) AVAILABILITY OF TECHNOLOGY.—Any technology developed 

with the grants made under this section shall be treated as non-proprietary and shall be made available to the public, including to 

manufacturers of voting systems. 

(d) COORDINATION WITH GRANTS FOR TECHNOLOGY IMPROVEMENTS.—The Director shall carry out this section so that the activities carried out with the grants made under subsection (a) are coordinated with the research conducted under the grant program 

carried out by the Commission under section 271, to the extent that 

the Director and Commission determine necessary to provide for the 

advancement of accessible voting technology. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out subsection (a) $5,000,000, to remain 

available until expended. 

SEC. ø247.¿ 248. CONSULTATION WITH STANDARDS BOARD AND BOARD 

OF ADVISORS. 

The Commission shall carry out its duties under this subtitle in 

consultation with the Standards Board and the Board of Advisors. 

Subtitle D—Election Assistance 

PART 1—REQUIREMENTS PAYMENTS 

SEC. 251. REQUIREMENTS PAYMENTS. 

(a) IN GENERAL.—The Commission shall make a requirements 

payment each year in an amount determined under section 252 to 

each State which meets the conditions described in section 253 for 

the year. 

(b) USE OF FUNDS.— 

(1) IN GENERAL.—Except as provided in paragraphs ø(2) and 

(3)¿ (2), (3), and (4), a State receiving a requirements payment 

shall use the payment only to meet the requirements of title 

III. 

(2) OTHER ACTIVITIES.—A State may use a requirements payment to carry out other activities to improve the administraVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00228 Fmt 6659 Sfmt 6601 E:\HR\OC\HR015P1.XXX HR015P1

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tion of elections for Federal office if the State certifies to the 

Commission that— 

(A) the State has implemented the requirements of title 

III; or 

(B) the amount expended with respect to such other activities does not exceed an amount equal to the minimum 

payment amount applicable to the State under section 

252(c). 

(3) ACTIVITIES UNDER UNIFORMED AND OVERSEAS CITIZENS AB- SENTEE VOTING ACT.—A State shall use a requirements payment made using funds appropriated pursuant to the authorization under section 257(a)(4) only to meet the requirements 

under the Uniformed and Overseas Citizens Absentee Voting 

Act imposed as a result of the provisions of and amendments 

made by the Military and Overseas Voter Empowerment Act. 

(4) CERTAIN VOTER REGISTRATION ACTIVITIES.—A State may 

use a requirements payment to carry out any of the requirements of the Voter Registration Modernization Act of 2019, including the requirements of the National Voter Registration Act 

of 1993 which are imposed pursuant to the amendments made 

to such Act by the Voter Registration Modernization Act of 

2019. 

(5) PERMITTING USE OF PAYMENTS FOR VOTING SYSTEM SECU- RITY IMPROVEMENTS.—A State may use a requirements payment 

to carry out any of the following activities: 

(A) Cyber and risk mitigation training. 

(B) Providing increased technical support for any information technology infrastructure that the chief State election official deems to be part of the State’s election infrastructure or designates as critical to the operation of the 

State’s election infrastructure. 

(C) Enhancing the cybersecurity and operations of the information technology infrastructure described in subparagraph (B). 

(D) Enhancing the security of voter registration databases. 

(c) RETROACTIVE PAYMENTS.— (1) IN GENERAL.—Notwithstanding any other provision of 

this subtitle, including the maintenance of effort requirements 

of section 254(a)(7), a State may use a requirements payment 

as a reimbursement for costs incurred in obtaining voting 

equipment which meets the requirements of section 301 if the 

State obtains the equipment after the regularly scheduled general election for Federal office held in November 2000. 

(2) SPECIAL RULE REGARDING MULTIYEAR CONTRACTS.—A 

State may use a requirements payment for any costs for voting 

equipment which meets the requirements of section 301 that, 

pursuant to a multiyear contract, were incurred on or after 

January 1, 2001, except that the amount that the State is otherwise required to contribute under the maintenance of effort 

requirements of section 254(a)(7) shall be increased by the 

amount of the payment made with respect to such multiyear 

contract. 

(d) ADOPTION OF COMMISSION GUIDELINES AND GUIDANCE NOT

REQUIRED TO RECEIVE PAYMENT.—Nothing in this part may be 


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construed to require a State to implement any of the voluntary voting system guidelines or any of the voluntary guidance adopted by 

the Commission with respect to any matter as a condition for receiving a requirements payment. 

(e) SCHEDULE OF PAYMENTS.—As soon as practicable after the 

initial appointment of all members of the Commission (but in no 

event later than 6 months thereafter), and not less frequently than 

once each calendar year thereafter, the Commission shall make requirements payments to States under this part. 

(f) LIMITATION.—A State may not use any portion of a requirements payment— 

(1) to pay costs associated with any litigation, except to the 

extent that such costs otherwise constitute permitted uses of a 

requirements payment under this part; or 

(2) for the payment of any judgment. 

SEC. 252. ALLOCATION OF FUNDS. 

(a) IN GENERAL.—Subject to subsection (c), the amount of a requirements payment made to a State for a year shall be equal to 

the product of— 

(1) the total amount appropriated for requirements payments 

for the year pursuant to the authorization under section 257; 

and 

(2) the State allocation percentage for the State (as determined under subsection (b)). 

(b) STATE ALLOCATION PERCENTAGE DEFINED.—The ‘‘State allocation percentage’’ for a State is the amount (expressed as a percentage) equal to the quotient of— 

(1) the voting age population of the State (as reported in the 

most recent decennial census); and 

(2) the total voting age population of all States (as reported 

in the most recent decennial census). 

(c) MINIMUM AMOUNT OF PAYMENT.—The amount of a requirements payment made to a State for a year may not be less than— 

(1) in the case of any of the several States or the District of 

Columbia, one-half of 1 percent of the total amount appropriated for requirements payments for the year under section 

257; or 

(2) in the case of the Commonwealth of Puerto Rico, Guam, 

American Samoa, øor the United States Virgin Islands¿ the 

United States Virgin Islands, or the Commonwealth of the 

Northern Mariana Islands, one-tenth of 1 percent of such total 

amount. 

(d) PRO RATA REDUCTIONS.—The Administrator shall make such 

pro rata reductions to the allocations determined under subsection 

(a) as are necessary to comply with the requirements of subsection 

(c). 

(e) CONTINUING AVAILABILITY OF FUNDS AFTER APPROPRIATION.— 

A requirements payment made to a State under this part shall be 

available to the State without fiscal year limitation. 

* * * * * * * 

SEC. 254. STATE PLAN. 

(a) IN GENERAL.—The State plan shall contain a description of 

each of the following: 


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(1) How the State will use the requirements payment to 

meet the requirements of title III, and, if applicable under 

øsection 251(a)(2)¿ section 251(b)(2), to carry out other activities to improve the administration of electionsø.¿, including the 

protection of election infrastructure. 

(2) How the State will distribute and monitor the distribution of the requirements payment to units of local government 

or other entities in the State for carrying out the activities described in paragraph (1), including a description of— 

(A) the criteria to be used to determine the eligibility of 

such units or entities for receiving the payment; and 

(B) the methods to be used by the State to monitor the 

performance of the units or entities to whom the payment 

is distributed, consistent with the performance goals and 

measures adopted under paragraph (8). 

(3) How the State will provide for programs for voter education, election official education and training, and poll worker 

training which will assist the State in meeting the requirements of title III. 

(4) How the State will adopt voting system guidelines and 

processes which are consistent with the requirements of section 

301. 

(5) How the State will establish a fund described in subsection (b) for purposes of administering the State’s activities 

under this part, including information on fund management. 

(6) The State’s proposed budget for activities under this part, 

based on the State’s best estimates of the costs of such activities and the amount of funds to be made available, including 

specific information on— 

(A) the costs of the activities required to be carried out 

to meet the requirements of title III; 

(B) the portion of the requirements payment which will 

be used to carry out activities to meet such requirements; 

and 

(C) the portion of the requirements payment which will 

be used to carry out other activities. 

(7) How the State, in using the requirements payment, will 

maintain the expenditures of the State for activities funded by 

the payment at a level that is not less than the level of such 

expenditures maintained by the State for the fiscal year ending 

prior to November 2000. 

(8) How the State will adopt performance goals and measures that will be used by the State to determine its success 

and the success of units of local government in the State in 

carrying out the plan, including timetables for meeting each of 

the elements of the plan, descriptions of the criteria the State 

will use to measure performance and the process used to develop such criteria, and a description of which official is to be 

held responsible for ensuring that each performance goal is 

met. 

(9) A description of the uniform, nondiscriminatory Statebased administrative complaint procedures in effect under section 402. 

(10) If the State received any payment under title I, a description of how such payment will affect the activities proVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00231 Fmt 6659 Sfmt 6601 E:\HR\OC\HR015P1.XXX HR015P1

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posed to be carried out under the plan, including the amount 

of funds available for such activities. 

(11) How the State will conduct ongoing management of the 

plan, except that the State may not make any material change 

in the administration of the plan unless notice of the change— 

(A) is developed and published in the Federal Register 

in accordance with section 255 in the same manner as the 

State plan; 

(B) is subject to public notice and comment in accordance with section 256 in the same manner as the State 

plan; and 

(C) takes effect only after the expiration of the 30-day 

period which begins on the date notice of the change is 

published in the Federal Register in accordance with subparagraph (A). 

(12) In the case of a State with a State plan in effect under 

this subtitle during the previous fiscal year, a description of 

how the plan reflects changes from the State plan for the previous fiscal year and of how the State succeeded in carrying 

out the State plan for such previous fiscal year. 

(13) A description of the committee which participated in the 

development of the State plan in accordance with section 255 

and the procedures followed by the committee under such section and section 256. 

(14) How the State will comply with the provisions and requirements of and amendments made by the Military and 

Overseas Voter Empowerment Act. 

(b) REQUIREMENTS FOR ELECTION FUND.— 

(1) ELECTION FUND DESCRIBED.—For purposes of subsection 

(a)(5), a fund described in this subsection with respect to a 

State is a fund which is established in the treasury of the 

State government, which is used in accordance with paragraph 

(2), and which consists of the following amounts: 

(A) Amounts appropriated or otherwise made available 

by the State for carrying out the activities for which the 

requirements payment is made to the State under this 

part. 

(B) The requirements payment made to the State under 

this part. 

(C) Such other amounts as may be appropriated under 

law. 

(D) Interest earned on deposits of the fund. 

(2) USE OF FUND.—Amounts in the fund shall be used by the 

State exclusively to carry out the activities for which the requirements payment is made to the State under this part. 

(3) TREATMENT OF STATES THAT REQUIRE CHANGES TO STATE

LAW.—In the case of a State that requires State legislation to 

establish the fund described in this subsection, the Commission shall defer disbursement of the requirements payment to 

such State until such time as legislation establishing the fund 

is enacted. 

(c) PROTECTION AGAINST ACTIONS BASED ON INFORMATION IN

PLAN.— 


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(1) IN GENERAL.—No action may be brought under this Act 

against a State or other jurisdiction on the basis of any information contained in the State plan filed under this part. 

(2) EXCEPTION FOR CRIMINAL ACTS.—Paragraph (1) may not 

be construed to limit the liability of a State or other jurisdiction for criminal acts or omissions. 

SEC. 255. PROCESS FOR DEVELOPMENT AND FILING OF PLAN; PUBLICATION BY COMMISSION. 

(a) IN GENERAL.—The chief State election official shall develop 

the State plan under this subtitle through a committee of appropriate individuals, including the chief election officials of the two 

most populous jurisdictions within the States, other local election 

officials, stake holders (including representatives of groups of individuals with disabilities), and other citizens, appointed for such 

purpose by the chief State election official. 

(b) GEOGRAPHIC REPRESENTATION.—The members of the committee shall be a representative group of individuals from the 

State’s counties, cities, towns, and Indian tribes, and shall represent 

the needs of rural as well as urban areas of the State, as the case 

may be. 

ø(b)¿ (c) PUBLICATION OF PLAN BY COMMISSION.—After receiving 

the State plan of a State under this subtitle, the Commission shall 

cause to have the plan posted on the Commissions’s website with 

a notice published in the Federal Register. 

* * * * * * * 

PART 2—PAYMENTS TO STATES AND UNITS OF 

LOCAL GOVERNMENT TO ASSURE ACCESS 

FOR INDIVIDUALS WITH DISABILITIES 

SEC. 261. PAYMENTS TO STATES AND UNITS OF LOCAL GOVERNMENT 

TO ASSURE ACCESS FOR INDIVIDUALS WITH DISABILITIES. 

(a) IN GENERAL.—The Secretary of Health and Human Services 

shall make a payment to each eligible State and each eligible unit 

of local government (as described in section 263). 

(b) USE OF FUNDS.—An eligible State and eligible unit of local 

government shall use the payment received under this part for— 

ø(1) making polling places, including the path of travel, entrances, exits, and voting areas of each polling facility, accessible to individuals with disabilities, including the blind and 

visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; and 

ø(2) providing individuals with disabilities and the other individuals described in paragraph (1) with information about 

the accessibility of polling places, including outreach programs 

to inform the individuals about the availability of accessible 

polling places and training election officials, poll workers, and 

election volunteers on how best to promote the access and participation of individuals with disabilities in elections for Federal office.¿ 

(1) making absentee voting and voting at home accessible to 

individuals with the full range of disabilities (including imVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00233 Fmt 6659 Sfmt 6603 E:\HR\OC\HR015P1.XXX HR015P1

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pairments involving vision, hearing, mobility, or dexterity) 

through the implementation of accessible absentee voting systems that work in conjunction with assistive technologies for 

which individuals have access at their homes, independent living centers, or other facilities; 

(2) making polling places, including the path of travel, entrances, exits, and voting areas of each polling facility, accessible to individuals with disabilities, including the blind and 

visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; and 

(3) providing solutions to problems of access to voting and 

elections for individuals with disabilities that are universally 

designed and provide the same opportunities for individuals 

with and without disabilities. 

(c) SCHEDULE OF PAYMENTS.—As soon as practicable after the 

date of the enactment of this Act (but in no event later than 6 

months thereafter), and not less frequently than once each calendar year thereafter, the Secretary shall make payments under 

this part. 

* * * * * * * 

SEC. 264. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There are authorized to be appropriated to 

carry out the provisions of this part the following amounts: 

(1) For fiscal year 2003, $50,000,000. 

(2) For fiscal year 2004, $25,000,000. 

(3) For fiscal year 2005, $25,000,000. 

(4) For fiscal year 2020 and each succeeding fiscal year, such 

sums as may be necessary to carry out this part. 

(b) AVAILABILITY.—øAny amounts¿ Except as provided in subsection (b), any amounts appropriated pursuant to the authority of 

subsection (a) shall remain available without fiscal year limitation 

until expended. 

(c) RETURN AND TRANSFER OF CERTAIN FUNDS.— 

(1) DEADLINE FOR OBLIGATION AND EXPENDITURE.—In the 

case of any amounts appropriated pursuant to the authority of 

subsection (a) for a payment to a State or unit of local government for fiscal year 2020 or any succeeding fiscal year, any portion of such amounts which have not been obligated or expended by the State or unit of local government prior to the expiration of the 4-year period which begins on the date the State 

or unit of local government first received the amounts shall be 

transferred to the Commission. 

(2) REALLOCATION OF TRANSFERRED AMOUNTS.— 

(A) IN GENERAL.—The Commission shall use the amounts 

transferred under paragraph (1) to make payments on a 

pro rata basis to each covered payment recipient described 

in subparagraph (B), which may obligate and expend such 

payment for the purposes described in section 261(b) during 

the 1-year period which begins on the date of receipt. 

(B) COVERED PAYMENT RECIPIENTS DESCRIBED.—In subparagraph (A), a ‘‘covered payment recipient’’ is a State or 

unit of local government with respect to which— 


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(i) amounts were appropriated pursuant to the authority of subsection (a); and 

(ii) no amounts were transferred to the Commission 

under paragraph (1). 

* * * * * * * 

PART 5—PROTECTION AND ADVOCACY 

SYSTEMS 

* * * * * * * 

SEC. 292. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—In addition to any other amounts authorized to 

be appropriated under this subtitle, there are authorized to be appropriated $10,000,000 for each of the fiscal years 2003, 2004, 

2005, and 2006, and for each subsequent fiscal year such sums as 

may be necessary, for the purpose of making payments under section 291(a)ø; except that none of the funds provided by this subsection shall be used to initiate or otherwise participate in any litigation related to election-related disability access, notwithstanding 

the general authorities that the protection and advocacy systems 

are otherwise afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 

U.S.C. 15041 et seq.).¿. 

(b) AVAILABILITY.—Any amounts appropriated pursuant to the 

authority of this section shall remain available until expended. 

* * * * * * * 

PART 7—PAYMENTS TO REIMBURSE STATES 

FOR COSTS INCURRED IN ESTABLISHING 

PROGRAM TO TRACK AND CONFIRM RECEIPT 

OF ABSENTEE BALLOTS 

SEC. 297. PAYMENTS TO STATES. 

(a) PAYMENTS FOR COSTS OF ESTABLISHING PROGRAM.—In accordance with this section, the Commission shall make a payment 

to a State to reimburse the State for the costs incurred in establishing, if the State so chooses to establish, an absentee ballot tracking program with respect to elections for Federal office held in the 

State (including costs incurred prior to the date of the enactment of 

this part). 

(b) ABSENTEE BALLOT TRACKING PROGRAM DESCRIBED.— 

(1) PROGRAM DESCRIBED.— 

(A) IN GENERAL.—In this part, an ‘‘absentee ballot tracking program’’ is a program to track and confirm the receipt 

of absentee ballots in an election for Federal office under 

which the State or local election official responsible for the 

receipt of voted absentee ballots in the election carries out 

procedures to track and confirm the receipt of such ballots, 

and makes information on the receipt of such ballots available to the individual who cast the ballot, by means of online access using the Internet site of the official’s office. 


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(B) INFORMATION ON WHETHER VOTE WAS COUNTED.—The 

information referred to under subparagraph (A) with respect to the receipt of an absentee ballot shall include information regarding whether the vote cast on the ballot was 

counted, and, in the case of a vote which was not counted, 

the reasons therefor. 

(2) USE OF TOLL-FREE TELEPHONE NUMBER BY OFFICIALS

WITHOUT INTERNET SITE.—A program established by a State or 

local election official whose office does not have an Internet site 

may meet the description of a program under paragraph (1) if 

the official has established a toll-free telephone number that 

may be used by an individual who cast an absentee ballot to 

obtain the information on the receipt of the voted absentee ballot as provided under such paragraph. 

(c) CERTIFICATION OF COMPLIANCE AND COSTS.— 

(1) CERTIFICATION REQUIRED.—In order to receive a payment 

under this section, a State shall submit to the Commission a 

statement containing— 

(A) a certification that the State has established an absentee ballot tracking program with respect to elections for 

Federal office held in the State; and 

(B) a statement of the costs incurred by the State in establishing the program. 

(2) AMOUNT OF PAYMENT.—The amount of a payment made 

to a State under this section shall be equal to the costs incurred 

by the State in establishing the absentee ballot tracking program, as set forth in the statement submitted under paragraph 

(1), except that such amount may not exceed the product of— 

(A) the number of jurisdictions in the State which are responsible for operating the program; and 

(B) $3,000. 

(3) LIMIT ON NUMBER OF PAYMENTS RECEIVED.—A State may 

not receive more than one payment under this part. 

SEC. 297A. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATION.—There are authorized to be appropriated to 

the Commission for fiscal year 2020 and each succeeding fiscal year 

such sums as may be necessary for payments under this part. 

(b) CONTINUING AVAILABILITY OF FUNDS.—Any amounts appropriated pursuant to the authorization under this section shall remain available until expended. 

PART 8—GRANTS FOR OBTAINING COMPLIANT 

PAPER BALLOT VOTING SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS 

SEC. 298. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS. 

(a) AVAILABILITY AND USE OF GRANT.—The Commission shall 

make a grant to each eligible State— 

(1) to replace a voting system— 

(A) which does not meet the requirements which are first 

imposed on the State pursuant to the amendments made by 


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the Voter Confidence and Increased Accessibility Act of 

2019 with a voting system which does meet such requirements, for use in the regularly scheduled general elections 

for Federal office held in November 2020, or 

(B) which does meet such requirements but which is not 

in compliance with the most recent voluntary voting system 

guidelines issued by the Commission prior to the regularly 

scheduled general election for Federal office held in November 2020 with another system which does meet such requirements and is in compliance with such guidelines; and 

(2) to carry out voting system security improvements described in section 298A with respect to the regularly scheduled 

general elections for Federal office held in November 2020 and 

each succeeding election for Federal office. 

(b) AMOUNT OF GRANT.—The amount of a grant made to a State 

under this section shall be such amount as the Commission determines to be appropriate, except that such amount may not be less 

than the product of $1 and the average of the number of individuals 

who cast votes in any of the two most recent regularly scheduled 

general elections for Federal office held in the State. 

(c) PRO RATA REDUCTIONS.—If the amount of funds appropriated 

for grants under this part is insufficient to ensure that each State 

receives the amount of the grant calculated under subsection (b), the 

Commission shall make such pro rata reductions in such amounts 

as may be necessary to ensure that the entire amount appropriated 

under this part is distributed to the States. 

(d) ABILITY OF REPLACEMENT SYSTEMS TO ADMINISTER RANKED

CHOICE ELECTIONS.—To the greatest extent practicable, an eligible 

State which receives a grant to replace a voting system under this 

section shall ensure that the replacement system is capable of administering a system of ranked choice voting under which each 

voter shall rank the candidates for the office in the order of the voter’s preference. 

SEC. 298A. VOTING SYSTEM SECURITY IMPROVEMENTS DESCRIBED. 

(a) PERMITTED USES.—A voting system security improvement described in this section is any of the following: 

(1) The acquisition of goods and services from qualified election infrastructure vendors by purchase, lease, or such other arrangements as may be appropriate. 

(2) Cyber and risk mitigation training. 

(3) A security risk and vulnerability assessment of the State’s 

election infrastructure which is carried out by a provider of cybersecurity services under a contract entered into between the 

chief State election official and the provider. 

(4) The maintenance of election infrastructure, including addressing risks and vulnerabilities which are identified under either of the security risk and vulnerability assessments described 

in paragraph (3), except that none of the funds provided under 

this part may be used to renovate or replace a building or facility which is used primarily for purposes other than the administration of elections for public office. 

(5) Providing increased technical support for any information 

technology infrastructure that the chief State election official 

deems to be part of the State’s election infrastructure or desVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00237 Fmt 6659 Sfmt 6603 E:\HR\OC\HR015P1.XXX HR015P1

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ignates as critical to the operation of the State’s election infrastructure. 

(6) Enhancing the cybersecurity and operations of the information technology infrastructure described in paragraph (4). 

(7) Enhancing the cybersecurity of voter registration systems. 

(b) QUALIFIED ELECTION INFRASTRUCTURE VENDORS DESCRIBED.— 

(1) IN GENERAL.—For purposes of this part, a ‘‘qualified election infrastructure vendor’’ is any person who provides, supports, or maintains, or who seeks to provide, support, or maintain, election infrastructure on behalf of a State, unit of local 

government, or election agency (as defined in section 3501 of the 

Election Security Act) who meets the criteria described in paragraph (2). 

(2) CRITERIA.—The criteria described in this paragraph are 

such criteria as the Chairman, in coordination with the Secretary of Homeland Security, shall establish and publish, and 

shall include each of the following requirements: 

(A) The vendor must be owned and controlled by a citizen 

or permanent resident of the United States. 

(B) The vendor must disclose to the Chairman and the 

Secretary, and to the chief State election official of any 

State to which the vendor provides any goods and services 

with funds provided under this part, of any sourcing outside the United States for parts of the election infrastructure. 

(C) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner 

that is consistent with the cybersecurity best practices 

issued by the Technical Guidelines Development Committee. 

(D) The vendor agrees to maintain its information technology infrastructure in a manner that is consistent with 

the cybersecurity best practices issued by the Technical 

Guidelines Development Committee. 

(E) The vendor agrees to meet the requirements of paragraph (3) with respect to any known or suspected cybersecurity incidents involving any of the goods and services provided by the vendor pursuant to a grant under this part. 

(F) The vendor agrees to permit independent security testing by the Commission (in accordance with section 231(a)) 

and by the Secretary of the goods and services provided by 

the vendor pursuant to a grant under this part. 

(3) CYBERSECURITY INCIDENT REPORTING REQUIREMENTS.— 

(A) IN GENERAL.—A vendor meets the requirements of 

this paragraph if, upon becoming aware of the possibility 

that an election cybersecurity incident has occurred involving any of the goods and services provided by the vendor 

pursuant to a grant under this part— 

(i) the vendor promptly assesses whether or not such 

an incident occurred, and submits a notification meeting the requirements of subparagraph (B) to the Secretary and the Chairman of the assessment as soon as 

practicable (but in no case later than 3 days after the 


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vendor first becomes aware of the possibility that the 

incident occurred); 

(ii) if the incident involves goods or services provided 

to an election agency, the vendor submits a notification 

meeting the requirements of subparagraph (B) to the 

agency as soon as practicable (but in no case later than 

3 days after the vendor first becomes aware of the possibility that the incident occurred), and cooperates with 

the agency in providing any other necessary notifications relating to the incident; and 

(iii) the vendor provides all necessary updates to any 

notification submitted under clause (i) or clause (ii). 

(B) CONTENTS OF NOTIFICATIONS.—Each notification submitted under clause (i) or clause (ii) of subparagraph (A) 

shall contain the following information with respect to any 

election cybersecurity incident covered by the notification: 

(i) The date, time, and time zone when the election 

cybersecurity incident began, if known. 

(ii) The date, time, and time zone when the election 

cybersecurity incident was detected. 

(iii) The date, time, and duration of the election cybersecurity incident. 

(iv) The circumstances of the election cybersecurity 

incident, including the specific election infrastructure 

systems believed to have been accessed and information 

acquired, if any. 

(v) Any planned and implemented technical measures to respond to and recover from the incident. 

(vi) In the case of any notification which is an update to a prior notification, any additional material information relating to the incident, including technical 

data, as it becomes available. 

SEC. 298B. ELIGIBILITY OF STATES. 

A State is eligible to receive a grant under this part if the State 

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

Commission may require, an application containing— 

(1) a description of how the State will use the grant to carry 

out the activities authorized under this part; 

(2) a certification and assurance that, not later than 5 years 

after receiving the grant, the State will carry out risk-limiting 

audits and will carry out voting system security improvements, 

as described in section 298A; and 

(3) such other information and assurances as the Commission 

may require. 

SEC. 298C. REPORTS TO CONGRESS. 

Not later than 90 days after the end of each fiscal year, the Commission shall submit a report to the appropriate congressional committees, including the Committees on Homeland Security, House 

Administration, and the Judiciary of the House of Representatives 

and the Committees on Homeland Security and Governmental Affairs, the Judiciary, and Rules and Administration of the Senate, 

on the activities carried out with the funds provided under this 

part. 


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SEC. 298D. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATION.—There are authorized to be appropriated for 

grants under this part— (1) $1,000,000,000 for fiscal year 2019; and 

(2) $175,000,000 for each of the fiscal years 2020, 2022, 2024, 

and 2026. 

(b) CONTINUING AVAILABILITY OF AMOUNTS.—Any amounts appropriated pursuant to the authorization of this section shall remain 

available until expended. 

PART 9—GRANTS FOR CONDUCTING RISKLIMITING AUDITS OF RESULTS OF ELECTIONS 

SEC. 299. GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF ELECTIONS. 

(a) AVAILABILITY OF GRANTS.—The Commission shall make a 

grant to each eligible State to conduct risk-limiting audits as described in subsection (b) with respect to the regularly scheduled general elections for Federal office held in November 2020 and each 

succeeding election for Federal office. 

(b) RISK-LIMITING AUDITS DESCRIBED.—In this part, a ‘‘risk-limiting audit’’ is a post-election process— 

(1) which is conducted in accordance with rules and procedures established by the chief State election official of the State 

which meet the requirements of subsection (c); and 

(2) under which, if the reported outcome of the election is incorrect, there is at least a predetermined percentage chance that 

the audit will replace the incorrect outcome with the correct outcome as determined by a full, hand-to-eye tabulation of all votes 

validly cast in that election that ascertains voter intent manually and directly from voter-verifiable paper records. 

(c) REQUIREMENTS FOR RULES AND PROCEDURES.—The rules and 

procedures established for conducting a risk-limiting audit shall include the following elements: 

(1) Rules for ensuring the security of ballots and documenting 

that prescribed procedures were followed. 

(2) Rules and procedures for ensuring the accuracy of ballot 

manifests produced by election agencies. 

(3) Rules and procedures for governing the format of ballot 

manifests, cast vote records, and other data involved in the 

audit. 

(4) Methods to ensure that any cast vote records used in the 

audit are those used by the voting system to tally the election 

results sent to the chief State election official and made public. 

(5) Procedures for the random selection of ballots to be inspected manually during each audit. 

(6) Rules for the calculations and other methods to be used 

in the audit and to determine whether and when the audit of 

an election is complete. 

(7) Procedures and requirements for testing any software used 

to conduct risk-limiting audits. 

(d) DEFINITIONS.—In this part, the following definitions apply: 

(1) The term ‘‘ballot manifest’’ means a record maintained by 

each election agency that meets each of the following requirements: 


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(A) The record is created without reliance on any part of 

the voting system used to tabulate votes. 

(B) The record functions as a sampling frame for conducting a risk-limiting audit. 

(C) The record contains the following information with 

respect to the ballots cast and counted in the election: 

(i) The total number of ballots cast and counted by 

the agency (including undervotes, overvotes, and other 

invalid votes). 

(ii) The total number of ballots cast in each election 

administered by the agency (including undervotes, 

overvotes, and other invalid votes). 

(iii) A precise description of the manner in which the 

ballots are physically stored, including the total number of physical groups of ballots, the numbering system 

for each group, a unique label for each group, and the 

number of ballots in each such group. 

(2) The term ‘‘incorrect outcome’’ means an outcome that differs from the outcome that would be determined by a full tabulation of all votes validly cast in the election, determining 

voter intent manually, directly from voter-verifiable paper 

records. 

(3) The term ‘‘outcome’’ means the winner of an election, 

whether a candidate or a position. 

(4) The term ‘‘reported outcome’’ means the outcome of an 

election which is determined according to the canvass and 

which will become the official, certified outcome unless it is revised by an audit, recount, or other legal process. 

SEC. 299A. ELIGIBILITY OF STATES. 

A State is eligible to receive a grant under this part if the State 

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

Commission may require, an application containing— 

(1) a certification that, not later than 5 years after receiving 

the grant, the State will conduct risk-limiting audits of the results of elections for Federal office held in the State as described in section 299; 

(2) a certification that, not later than one year after the date 

of the enactment of this section, the chief State election official 

of the State has established or will establish the rules and procedures for conducting the audits which meet the requirements 

of section 299(c); 

(3) a certification that the audit shall be completed not later 

than the date on which the State certifies the results of the election; 

(4) a certification that, after completing the audit, the State 

shall publish a report on the results of the audit, together with 

such information as necessary to confirm that the audit was 

conducted properly; 

(5) a certification that, if a risk-limiting audit conducted 

under this part leads to a full manual tally of an election, State 

law requires that the State or election agency shall use the results of the full manual tally as the official results of the election; and 

(6) such other information and assurances as the Commission 

may require. 


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SEC. 299B. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated for grants under this part $20,000,000 for fiscal year 2019, to remain available until expended. 

TITLE III—UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY 

AND ADMINISTRATION REQUIREMENTS 

Subtitle A—Requirements 

SEC. 301. VOTING SYSTEMS STANDARDS. 

(a) REQUIREMENTS.—Each voting system used in an election for 

Federal office shall meet the following requirements: 

(1) IN GENERAL.— (A) Except as provided in subparagraph (B), the voting 

system (including any lever voting system, optical scanning voting system, or direct recording electronic system) 

shall— 

(i) permit the voter to verify (in a private and independent manner) the votes selected by the voter on 

the ballot before the ballot is cast and øcounted¿ 

counted, in accordance with paragraphs (2) and (3); 

(ii) provide the voter with the opportunity (in a private and independent manner) to change the ballot or 

correct any error before the ballot is cast and øcounted¿ counted, in accordance with paragraphs (2) and 

(3) (including the opportunity to correct the error 

through the issuance of a replacement ballot if the 

voter was otherwise unable to change the ballot or correct any error); and 

(iii) if the voter selects votes for more than one candidate for a single office— 

(I) notify the voter that the voter has selected 

more than one candidate for a single office on the 

ballot; 

(II) notify the voter before the ballot is cast and 

øcounted¿ counted, in accordance with paragraphs 

(2) and (3) of the effect of casting multiple votes 

for the office; and 

(III) provide the voter with the opportunity to 

correct the ballot before the ballot is cast and 

øcounted¿ counted, in accordance with paragraphs 

(2) and (3). (B) A State or jurisdiction that uses a paper ballot voting 

system, a punch card voting system, or a central count voting system (including mail-in absentee ballots and mail-in 

ballots), may meet the requirements of subparagraph 

(A)(iii) by— 

(i) establishing a voter education program specific to 

that voting system that notifies each voter of the effect 

of casting multiple votes for an office; and 


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(ii) providing the voter with instructions on how to 

correct the ballot before it is cast and øcounted¿ counted, in accordance with paragraphs (2) and (3) (including instructions on how to correct the error through 

the issuance of a replacement ballot if the voter was 

otherwise unable to change the ballot or correct any 

error). 

(C) The voting system shall ensure that any notification 

required under this paragraph preserves the privacy of the 

voter and the confidentiality of the ballot. 

ø(2) AUDIT CAPACITY.— 

ø(A) IN GENERAL.—The voting system shall produce a 

record with an audit capacity for such system. 

ø(B) MANUAL AUDIT CAPACITY.— 

ø(i) The voting system shall produce a permanent 

paper record with a manual audit capacity for such 

system. 

ø(ii) The voting system shall provide the voter with 

an opportunity to change the ballot or correct any 

error before the permanent paper record is produced. 

ø(iii) The paper record produced under subparagraph (A) shall be available as an official record for 

any recount conducted with respect to any election in 

which the system is used.¿ 

(2) PAPER BALLOT REQUIREMENT.— 

(A) VOTER-VERIFIED PAPER BALLOTS.— 

(i) PAPER BALLOT REQUIREMENT.—(I) The voting system shall require the use of an individual, durable, 

voter-verified paper ballot of the voter’s vote that shall 

be marked and made available for inspection and 

verification by the voter before the voter’s vote is cast 

and counted, and which shall be counted by hand or 

read by an optical character recognition device or other 

counting device. For purposes of this subclause, the 

term ‘‘individual, durable, voter-verified paper ballot’’ 

means a paper ballot marked by the voter by hand or 

a paper ballot marked through the use of a nontabulating ballot marking device or system, so long as the 

voter shall have the option to mark his or her ballot by 

hand. 

(II) The voting system shall provide the voter with an 

opportunity to correct any error on the paper ballot before the permanent voter-verified paper ballot is preserved in accordance with clause (ii). 

(III) The voting system shall not preserve the voterverified paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter’s vote without 

the voter’s consent. 

(ii) PRESERVATION AS OFFICIAL RECORD.—The individual, durable, voter-verified paper ballot used in accordance with clause (i) shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted with 


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respect to any election for Federal office in which the 

voting system is used. 

(iii) MANUAL COUNTING REQUIREMENTS FOR RE- COUNTS AND AUDITS.—(I) Each paper ballot used pursuant to clause (i) shall be suitable for a manual audit, 

and shall be counted by hand in any recount or audit 

conducted with respect to any election for Federal office. 

(II) In the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the individual, 

durable, voter-verified paper ballots used pursuant to 

clause (i), and subject to subparagraph (B), the individual, durable, voter-verified paper ballots shall be 

the true and correct record of the votes cast. 

(iv) APPLICATION TO ALL BALLOTS.—The requirements of this subparagraph shall apply to all ballots 

cast in elections for Federal office, including ballots 

cast by absent uniformed services voters and overseas 

voters under the Uniformed and Overseas Citizens Absentee Voting Act and other absentee voters. 

(B) SPECIAL RULE FOR TREATMENT OF DISPUTES WHEN

PAPER BALLOTS HAVE BEEN SHOWN TO BE COMPROMISED.— (i) IN GENERAL.—In the event that— 

(I) there is any inconsistency between any electronic vote tallies and the vote tallies determined 

by counting by hand the individual, durable, 

voter-verified paper ballots used pursuant to subparagraph (A)(i) with respect to any election for 

Federal office; and 

(II) it is demonstrated by clear and convincing 

evidence (as determined in accordance with the applicable standards in the jurisdiction involved) in 

any recount, audit, or contest of the result of the 

election that the paper ballots have been compromised (by damage or mischief or otherwise) and 

that a sufficient number of the ballots have been so 

compromised that the result of the election could 

be changed, 

the determination of the appropriate remedy with respect to the election shall be made in accordance with 

applicable State law, except that the electronic tally 

shall not be used as the exclusive basis for determining 

the official certified result. 

(ii) RULE FOR CONSIDERATION OF BALLOTS ASSOCIATED WITH EACH VOTING MACHINE.—For purposes of 

clause (i), only the paper ballots deemed compromised, 

if any, shall be considered in the calculation of whether 

or not the result of the election could be changed due 

to the compromised paper ballots. 

(3) ACCESSIBILITY FOR INDIVIDUALS WITH DISABILITIES.—The 

voting system shall— 

(A) be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for 


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access and participation (including privacy and independence) as for other voters; 

ø(B) satisfy the requirement of subparagraph (A) 

through the use of at least one direct recording electronic 

voting system or other voting system equipped for individuals with disabilities at each polling place; and¿ 

(B)(i) ensure that individuals with disabilities and others 

are given an equivalent opportunity to vote, including with 

privacy and independence, in a manner that produces a 

voter-verified paper ballot as for other voters; 

(ii) satisfy the requirement of subparagraph (A) through 

the use of at least one voting system equipped for individuals with disabilities, including nonvisual and enhanced 

visual accessibility for the blind and visually impaired, 

and nonmanual and enhanced manual accessibility for the 

mobility and dexterity impaired, at each polling place; and 

(iii) meet the requirements of subparagraph (A) and 

paragraph (2)(A) by using a system that— 

(I) allows the voter to privately and independently 

verify the permanent paper ballot through the presentation, in accessible form, of the printed or marked vote 

selections from the same printed or marked information that would be used for any vote counting or auditing; and 

(II) allows the voter to privately and independently 

verify and cast the permanent paper ballot without requiring the voter to manually handle the paper ballot. 

(C) if purchased with funds made available under title 

II on or after January 1, 2007, meet the voting system 

standards for disability access (as outlined in this paragraph). 

(4) ALTERNATIVE LANGUAGE ACCESSIBILITY.—The voting system (including the paper ballots required to be used under 

paragraph (2)) shall provide alternative language accessibility 

pursuant to the requirements of section 203 of the Voting 

Rights Act of 1965 (42 U.S.C. 1973aa-1a). 

(5) ERROR RATES.—The error rate of the voting system in 

counting ballots (determined by taking into account only those 

errors which are attributable to the voting system and not attributable to an act of the voter) shall comply with the error 

rate standards established under section 3.2.1 of the voting 

systems standards issued by the Federal Election Commission 

which are in effect on the date of the enactment of this Act. 

(6) UNIFORM DEFINITION OF WHAT CONSTITUTES A VOTE.— 

Each State shall adopt uniform and nondiscriminatory standards that define what constitutes a vote and what will be 

counted as a vote for each category of voting system used in 

the State. 

(7) DURABILITY AND READABILITY REQUIREMENTS FOR BALLOTS.— 

(A) DURABILITY REQUIREMENTS FOR PAPER BALLOTS.— 

(i) IN GENERAL.—All voter-verified paper ballots required to be used under this Act shall be marked or 

printed on durable paper. 


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(ii) DEFINITION.—For purposes of this Act, paper is 

‘‘durable’’ if it is capable of withstanding multiple 

counts and recounts by hand without compromising 

the fundamental integrity of the ballots, and capable of 

retaining the information marked or printed on them 

for the full duration of a retention and preservation period of 22 months. 

(B) READABILITY REQUIREMENTS FOR PAPER BALLOTS

MARKED BY BALLOT MARKING DEVICE.—All voter-verified 

paper ballots completed by the voter through the use of a 

ballot marking device shall be clearly readable by the voter 

without assistance (other than eyeglasses or other personal 

vision enhancing devices) and by an optical character recognition device or other device equipped for individuals 

with disabilities. 

(b) VOTING SYSTEM DEFINED.—In øthis section¿ this Act, the 

term ‘‘voting system’’ means— 

(1) the total combination of mechanical, electromechanical, or 

electronic equipment (including the software, firmware, and 

documentation required to program, control, and support the 

equipment) that is used— 

(A) to define ballots; 

(B) to cast and count votes; 

(C) to report or display election results; and 

(D) to maintain and produce any audit trail information; 

øand¿ 

(2) any electronic poll book used with respect to the election; 

and 

ø(2)¿ (3) the practices and associated documentation used— 

(A) to identify system components and versions of such 

components; 

(B) to test the system during its development and maintenance; 

(C) to maintain records of system errors and defects; 

(D) to determine specific system changes to be made to 

a system after the initial qualification of the system; and 

(E) to make available any materials to the voter (such 

as notices, instructions, forms, or paper ballots). 

(c) ELECTRONIC POLL BOOK DEFINED.—In this Act, the term ‘‘electronic poll book’’ means the total combination of mechanical, 

electromechanical, or electronic equipment (including the software, 

firmware, and documentation required to program, control, and 

support the equipment) that is used— 

(1) to retain the list of registered voters at a polling location, 

or vote center, or other location at which voters cast votes in an 

election for Federal office; and 

(2) to identify registered voters who are eligible to vote in an 

election. 

ø(c)¿ (d) CONSTRUCTION.— (1) IN GENERAL.—Nothing in this section shall be construed 

to prohibit a State or jurisdiction which used a particular type 

of voting system in the elections for Federal office held in November 2000 from using the same type of system after the effective date of this section, so long as the system meets or is 

modified to meet the requirements of this section. 


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(2) PROTECTION OF PAPER BALLOT VOTING SYSTEMS.—For purposes of subsection (a)(1)(A)(i), the term ‘‘verify’’ may not be defined in a manner that makes it impossible for a paper ballot 

voting system to meet the requirements of such subsection or 

to be modified to meet such requirements. 

ø(d) EFFECTIVE DATE.—Each State and jurisdiction shall be required to comply with the requirements of this section on and after 

January 1, 2006.¿ 

(e) EFFECTIVE DATE.— 

(1) IN GENERAL.—Except as provided in paragraph (2), each 

State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006. 

(2) SPECIAL RULE FOR CERTAIN REQUIREMENTS.— 

(A) IN GENERAL.—Except as provided in subparagraphs 

(B) and (C), the requirements of this section which are first 

imposed on a State and jurisdiction pursuant to the 

amendments made by the Voter Confidence and Increased 

Accessibility Act of 2019 shall apply with respect to voting 

systems used for any election for Federal office held in 2020 

or any succeeding year. 

(B) DELAY FOR JURISDICTIONS USING CERTAIN PAPER

RECORD PRINTERS OR CERTAIN SYSTEMS USING OR PRODUCING VOTER-VERIFIABLE PAPER RECORDS IN 2018.— 

(i) DELAY.—In the case of a jurisdiction described in 

clause (ii), subparagraph (A) shall apply to a voting 

system in the jurisdiction as if the reference in such 

subparagraph to ‘‘2020’’ were a reference to ‘‘2022’’, but 

only with respect to the following requirements of this 

section: 

(I) Paragraph (2)(A)(i)(I) of subsection (a) (relating to the use of voter-verified paper ballots). 

(II) Paragraph (3)(B)(ii)(I) and (II) of subsection 

(a) (relating to access to verification from and casting of the durable paper ballot). 

(III) Paragraph (7) of subsection (a) (relating to 

durability and readability requirements for ballots). 

(ii) JURISDICTIONS DESCRIBED.—A jurisdiction described in this clause is a jurisdiction— 

(I) which used voter verifiable paper record 

printers attached to direct recording electronic voting machines, or which used other voting systems 

that used or produced paper records of the vote 

verifiable by voters but that are not in compliance 

with paragraphs (2)(A)(i)(I), (3)(B)(iii)(I) and (II), 

and (7) of subsection (a) (as amended or added by 

the Voter Confidence and Increased Accessibility 

Act of 2019), for the administration of the regularly scheduled general election for Federal office 

held in November 2018; and 

(II) which will continue to use such printers or 

systems for the administration of elections for Federal office held in years before 2022. 


dlhill on DSK3GLQ082PROD with HEARING
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(iii) MANDATORY AVAILABILITY OF PAPER BALLOTS AT

POLLING PLACES USING GRANDFATHERED PRINTERS AND

SYSTEMS.— (I) REQUIRING BALLOTS TO BE OFFERED AND PRO- VIDED.—The appropriate election official at each 

polling place that uses a printer or system described in clause (ii)(I) for the administration of 

elections for Federal office shall offer each individual who is eligible to cast a vote in the election 

at the polling place the opportunity to cast the vote 

using a blank pre-printed paper ballot which the 

individual may mark by hand and which is not 

produced by the direct recording electronic voting 

machine or other such system. The official shall 

provide the individual with the ballot and the supplies necessary to mark the ballot, and shall ensure (to the greatest extent practicable) that the 

waiting period for the individual to cast a vote is 

the lesser of 30 minutes or the average waiting period for an individual who does not agree to cast 

the vote using such a paper ballot under this 

clause. 

(II) TREATMENT OF BALLOT.—Any paper ballot 

which is cast by an individual under this clause 

shall be counted and otherwise treated as a regular ballot for all purposes (including by incorporating it into the final unofficial vote count (as 

defined by the State) for the precinct) and not as 

a provisional ballot, unless the individual casting 

the ballot would have otherwise been required to 

cast a provisional ballot. 

(III) POSTING OF NOTICE.—The appropriate election official shall ensure there is prominently displayed at each polling place a notice that describes 

the obligation of the official to offer individuals the 

opportunity to cast votes using a pre-printed blank 

paper ballot. 

(IV) TRAINING OF ELECTION OFFICIALS.—The 

chief State election official shall ensure that election officials at polling places in the State are 

aware of the requirements of this clause, including 

the requirement to display a notice under subclause (III), and are aware that it is a violation of 

the requirements of this title for an election official 

to fail to offer an individual the opportunity to cast 

a vote using a blank pre-printed paper ballot. 

(V) PERIOD OF APPLICABILITY.—The requirements 

of this clause apply only during the period in 

which the delay is in effect under clause (i). 

(C) SPECIAL RULE FOR JURISDICTIONS USING CERTAIN

NONTABULATING BALLOT MARKING DEVICES.—In the case of 

a jurisdiction which uses a nontabulating ballot marking 

device which automatically deposits the ballot into a privacy sleeve, subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparaVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00248 Fmt 6659 Sfmt 6603 E:\HR\OC\HR015P1.XXX HR015P1

dlhill on DSK3GLQ082PROD with HEARING
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graph to ‘‘any election for Federal office held in 2020 or any 

succeeding year’’ were a reference to ‘‘elections for Federal 

office occurring held in 2022 or each succeeding year’’, but 

only with respect to paragraph (3)(B)(iii)(II) of subsection 

(a) (relating to nonmanual casting of the durable paper 

ballot), or, with respect to any requirements relating to electronic poll books, on and after January 1, 2020. 

SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE. 

(a) REQUIRING STATES TO SUBMIT REPORTS.—Not later than 120 

days before the date of each regularly scheduled general election for 

Federal office, the chief State election official of a State shall submit 

a report to the Commission containing a detailed voting system 

usage plan for each jurisdiction in the State which will administer 

the election, including a detailed plan for the usage of electronic poll 

books and other equipment and components of such system. 

(b) EFFECTIVE DATE.—Subsection (a) shall apply with respect to 

the regularly scheduled general election for Federal office held in 

November 2020 and each succeeding regularly scheduled general 

election for Federal office. 

SEC. 302. PROVISIONAL VOTING AND VOTING INFORMATION REQUIREMENTS. 

(a) PROVISIONAL VOTING REQUIREMENTS.—If an individual declares that such individual is a registered voter in the jurisdiction 

in which the individual desires to vote and that the individual is 

eligible to vote in an election for Federal office, but the name of the 

individual does not appear on the official list of eligible voters for 

the polling place or an election official asserts that the individual 

is not eligible to vote, such individual shall be permitted to cast a 

provisional ballot as follows: 

(1) An election official at the polling place shall notify the individual that the individual may cast a provisional ballot in 

that election. 

(2) The individual shall be permitted to cast a provisional 

ballot at that polling place upon the execution of a written affirmation by the individual before an election official at the 

polling place stating that the individual is— 

(A) a registered voter in the jurisdiction in which the individual desires to vote; and 

(B) eligible to vote in that election. 

(3) An election official at the polling place shall transmit the 

ballot cast by the individual or the voter information contained 

in the written affirmation executed by the individual under 

paragraph (2) to an appropriate State or local election official 

for prompt verification under paragraph (4). 

(4) If the appropriate State or local election official to whom 

the ballot or voter information is transmitted under paragraph 

(3) determines that the individual is eligible under State law 

to vote, the individual’s provisional ballot shall be counted as 

a vote in that election in accordance with State law. 

(5)(A) At the time that an individual casts a provisional ballot, the appropriate State or local election official shall give the 

individual written information that states that any individual 

who casts a provisional ballot will be able to ascertain under 

the system established under subparagraph (B) whether the 


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vote was counted, and, if the vote was not counted, the reason 

that the vote was not counted. 

(B) The appropriate State or local election official shall 

establish a free access system (such as a toll-free telephone 

number or an Internet website) that any individual who 

casts a provisional ballot may access to discover whether 

the vote of that individual was counted, and, if the vote 

was not counted, the reason that the vote was not counted. 

States described in section 4(b) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-2(b)) may meet the requirements of this subsection using voter registration procedures established under applicable State law. The appropriate State or 

local official shall establish and maintain reasonable procedures necessary to protect the security, confidentiality, and integrity of personal information collected, stored, or otherwise 

used by the free access system established under paragraph 

(5)(B). Access to information about an individual provisional 

ballot shall be restricted to the individual who cast the ballot. 

(b) VOTING INFORMATION REQUIREMENTS.— (1) PUBLIC POSTING ON ELECTION DAY.—The appropriate 

State or local election official shall cause voting information to 

be publicly posted at each polling place on the day of each election for Federal office. 

(2) VOTING INFORMATION DEFINED.—In this section, the term 

‘‘voting information’’ means— 

(A) a sample version of the ballot that will be used for 

that election; 

(B) information regarding the date of the election and 

the hours during which polling places will be open; 

(C) instructions on how to vote, including how to cast a 

vote and how to cast a provisional ballot; 

(D) instructions for mail-in registrants and first-time 

voters under section 303(b); 

(E) general information on voting rights under applicable Federal and State laws, including information on the 

right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if 

these rights are alleged to have been violated; øand¿ 

(F) general information on Federal and State laws regarding prohibitions on acts of fraud and 

misrepresentationø.¿; 

(G) information relating to the prohibitions of section 612 

of title 18, United States Code, and section 12 of the National Voter Registration Act of 1993 (52 U.S.C. 20511) (relating to the unlawful interference with registering to vote, 

or voting, or attempting to register to vote or vote), including information on how individuals may report allegations 

of violations of such prohibitions; 

(H) information relating to the prohibition against voter 

caging and other questionable challenges (as set forth in 

section 613 of title 18, United States Code), including information on how individuals may report allegations of violations of such prohibition; and 

(I) in the case of a State that has in effect a requirement 

that an individual present identification as a condition of 


dlhill on DSK3GLQ082PROD with HEARING
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receiving and casting a ballot in an election for Federal office, information on how an individual may meet such requirement by presenting a sworn written statement in accordance with section 303A. 

(3) PROVISION OF OTHER INFORMATION BY ELECTRONIC

MAIL.—If an individual who is a registered voter has provided 

the State or local election official with an electronic mail address for the purpose of receiving voting information (as described in section 9(b)(5) of the National Voter Registration Act 

of 1993), the appropriate State or local election official, through 

electronic mail transmitted not later than 7 days before the date 

of the election for Federal office involved, shall provide the individual with information on how to obtain the following information by electronic means: 

(A) The name and address of the polling place at which 

the individual is assigned to vote in the election. 

(B) The hours of operation for the polling place. 

(C) A description of any identification or other information the individual may be required to present at the polling place. 

(c) VOTERS WHO VOTE AFTER THE POLLS CLOSE.—Any individual 

who votes in an election for Federal office as a result of a Federal 

or State court order or any other order extending the time established for closing the polls by a State law in effect 10 days before 

the date of that election may only vote in that election by casting 

a provisional ballot under subsection (a). Any such ballot cast 

under the preceding sentence shall be separated and held apart 

from other provisional ballots cast by those not affected by the 

order. 

(d) STATEWIDE COUNTING OF PROVISIONAL BALLOTS.— (1) IN GENERAL.—For purposes of subsection (a)(4), notwithstanding the precinct or polling place at which a provisional 

ballot is cast within the State, the appropriate election official 

shall count each vote on such ballot for each election in which 

the individual who cast such ballot is eligible to vote. 

(2) EFFECTIVE DATE.—This subsection shall apply with respect to elections held on or after January 1, 2020. 

(e) UNIFORM AND NONDISCRIMINATORY STANDARDS.— (1) IN GENERAL.—Consistent with the requirements of this 

section, each State shall establish uniform and nondiscriminatory standards for the issuance, handling, and counting of 

provisional ballots. 

(2) EFFECTIVE DATE.—This subsection shall apply with respect to elections held on or after January 1, 2020. 

(f) MINIMUM NOTIFICATION REQUIREMENTS FOR VOTERS AFFECTED BY POLLING PLACE CHANGES.— 

(1) IN GENERAL.—If a State assigns an individual who is a 

registered voter in a State to a polling place with respect to an 

election for Federal office which is not the same polling place 

to which the individual was previously assigned with respect to 

the most recent election for Federal office in the State in which 

the individual was eligible to vote— 

(A) the State shall notify the individual of the location of 

the polling place not later than 7 days before the date of 

the election; or 


dlhill on DSK3GLQ082PROD with HEARING
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(B) if the State makes such an assignment fewer than 7 

days before the date of the election and the individual appears on the date of the election at the polling place to 

which the individual was previously assigned, the State 

shall make every reasonable effort to enable the individual 

to vote on the date of the election. 

(2) EFFECTIVE DATE.—This subsection shall apply with respect to elections held on or after January 1, 2020. 

ø(d)¿ (g) EFFECTIVE DATE FOR PROVISIONAL VOTING AND VOTING

INFORMATION.—øEach State¿ Except as provided in subsections 

(d)(2), (e)(2), and (f)(2), each State and jurisdiction shall be required 

to comply with the requirements of this section on and after January 1, 2004. 

SEC. 303. COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST REQUIREMENTS AND REQUIREMENTS FOR VOTERS WHO 

REGISTER BY MAIL. 

(a) COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST REQUIREMENTS.— 

(1) IMPLEMENTATION.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), each State, acting through the chief State election official, shall implement, in a uniform and nondiscriminatory 

manner, a single, uniform, official, centralized, interactive 

computerized statewide voter registration list defined, 

maintained, and administered at the State level that contains the name and registration information of every legally registered voter in the State and assigns a unique 

identifier to each legally registered voter in the State (in 

this subsection referred to as the ‘‘computerized list’’), and 

includes the following: 

(i) The computerized list shall serve as the single 

system for storing and managing the official list of 

registered voters throughout the State. 

(ii) The computerized list contains the name and 

registration information of every legally registered 

voter in the State. 

(iii) Under the computerized list, a unique identifier 

is assigned to each legally registered voter in the 

State. 

(iv) The computerized list shall be coordinated with 

other agency databases within the State. 

(v) Any election official in the State, including any 

local election official, may obtain immediate electronic 

access to the information contained in the computerized list. 

(vi) All voter registration information obtained by 

any local election official in the State shall be electronically entered into the computerized list on an expedited basis at the time the information is provided 

to the local official. 

(vii) The chief State election official shall provide 

such support as may be required so that local election 

officials are able to enter information as described in 

clause (vi). 


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(viii) The computerized list shall serve as the official 

voter registration list for the conduct of all elections 

for Federal office in the State. 

(B) EXCEPTION.—The requirement under subparagraph 

(A) shall not apply to a State in which, under a State law 

in effect continuously on and after the date of the enactment of this Act, there is no voter registration requirement 

for individuals in the State with respect to elections for 

Federal office. 

(2) COMPUTERIZED LIST MAINTENANCE.— 

(A) IN GENERAL.—The appropriate State or local election 

official shall perform list maintenance with respect to the 

computerized list on a regular basis as follows: 

(i) If an individual is to be removed from the computerized list, such individual shall be removed in accordance with the provisions of the National Voter 

Registration Act of 1993 (42 U.S.C. 1973gg et seq.), including subsections (a)(4), (c)(2), (d), and (e) of section 

8 of such Act (42 U.S.C. 1973gg-6). 

(ii) For purposes of removing names of ineligible voters from the official list of eligible voters— 

(I) under section 8(a)(3)(B) of such Act (42 

U.S.C. 1973gg-6(a)(3)(B)), the State shall coordinate the computerized list with State agency 

records on felony status; and 

(II) by reason of the death of the registrant 

under section 8(a)(4)(A) of such Act (42 U.S.C. 

1973gg-6(a)(4)(A)), the State shall coordinate the 

computerized list with State agency records on 

death. 

(iii) Notwithstanding the preceding provisions of this 

subparagraph, if a State is described in section 4(b) of 

the National Voter Registration Act of 1993 (42 U.S.C. 

1973gg-2(b)), that State shall remove the names of ineligible voters from the computerized list in accordance with State law. 

(B) CONDUCT.—The list maintenance performed under 

subparagraph (A) shall be conducted in a manner that ensures that— 

(i) the name of each registered voter appears in the 

computerized list; 

(ii) only voters who are not registered or who are not 

eligible to vote are removed from the computerized 

list; and 

(iii) duplicate names are eliminated from the computerized list. 

(3) TECHNOLOGICAL SECURITY OF COMPUTERIZED LIST.—The 

appropriate State or local official shall provide adequate technological security measures to prevent the unauthorized access 

to the computerized list established under this sectionø.¿, as 

well as other measures to prevent and deter cybersecurity incidents, as identified by the Commission, the Secretary of Homeland Security, and the Technical Guidelines Development Committee. 


dlhill on DSK3GLQ082PROD with HEARING
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(4) MINIMUM STANDARD FOR ACCURACY OF STATE VOTER REG- ISTRATION RECORDS.—The State election system shall include 

provisions to ensure that voter registration records in the State 

are accurate and are updated regularly, including the following: 

(A) A system of file maintenance that makes a reasonable effort to remove registrants who are ineligible to vote 

from the official list of eligible voters. Under such system, 

consistent with the National Voter Registration Act of 

1993 (42 U.S.C. 1973gg et seq.)ø, registrants¿, and subject 

to section 8A of such Act, registrants who have not responded to a notice and who have not voted in 2 consecutive general elections for Federal office shall be removed 

from the official list of eligible voters, except that no registrant may be removed solely by reason of a failure to 

vote. 

(B) Safeguards to ensure that eligible voters are not removed in error from the official list of eligible voters. 

(5) VERIFICATION OF VOTER REGISTRATION INFORMATION.— (A) REQUIRING PROVISION OF CERTAIN INFORMATION BY

APPLICANTS.— (i) IN GENERAL.—Except as provided in clause (ii), 

notwithstanding any other provision of law, an application for voter registration for an election for Federal 

office may not be accepted or processed by a State unless the application includes— 

(I) in the case of an applicant who has been 

issued a current and valid driver’s license, the applicant’s driver’s license number; or 

(II) in the case of any other applicant (other 

than an applicant to whom clause (ii) applies), the 

last 4 digits of the applicant’s social security number. 

(ii) SPECIAL RULE FOR APPLICANTS WITHOUT DRIVER’S

LICENSE OR SOCIAL SECURITY NUMBER.—If an applicant 

for voter registration for an election for Federal office 

has not been issued a current and valid driver’s license or a social security number, the State shall assign the applicant a number which will serve to identify the applicant for voter registration purposes. To 

the extent that the State has a computerized list in effect under this subsection and the list assigns unique 

identifying numbers to registrants, the number assigned under this clause shall be the unique identifying number assigned under the list. 

(iii) DETERMINATION OF VALIDITY OF NUMBERS PROVIDED.—The State shall determine whether the information provided by an individual is sufficient to meet 

the requirements of this subparagraph, in accordance 

with State law. 

(B) REQUIREMENTS FOR STATE OFFICIALS.— 

(i) SHARING INFORMATION IN DATABASES.—The chief 

State election official and the official responsible for 

the State motor vehicle authority of a State shall enter 

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base of the statewide voter registration system with 

information in the database of the motor vehicle authority to the extent required to enable each such official to verify the accuracy of the information provided 

on applications for voter registration. 

(ii) AGREEMENTS WITH COMMISSIONER OF SOCIAL SECURITY.—The official responsible for the State motor 

vehicle authority shall enter into an agreement with 

the Commissioner of Social Security under section 

205(r)(8) of the Social Security Act (as added by subparagraph (C)). 

(C) ACCESS TO FEDERAL INFORMATION.—Section 205(r) of 

the Social Security Act (42 U.S.C. 405(r)) is amended by 

adding at the end the following new paragraph: 

‘‘(8)(A) The Commissioner of Social Security shall, upon the request of the official responsible for a State driver’s license agency 

pursuant to the Help America Vote Act of 2002— 

‘‘(i) enter into an agreement with such official for the 

purpose of verifying applicable information, so long as the 

requirements of subparagraphs (A) and (B) of paragraph 

(3) are met; and 

‘‘(ii) include in such agreement safeguards to assure the 

maintenance of the confidentiality of any applicable information disclosed and procedures to permit such agency to 

use the applicable information for the purpose of maintaining its records. 

‘‘(B) Information provided pursuant to an agreement under 

this paragraph shall be provided at such time, in such place, 

and in such manner as the Commissioner determines appropriate. 

‘‘(C) The Commissioner shall develop methods to verify the 

accuracy of information provided by the agency with respect to 

applications for voter registration, for whom the last 4 digits 

of a social security number are provided instead of a driver’s 

license number. 

‘‘(D) For purposes of this paragraph— 

‘‘(i) the term ‘applicable information’ means information 

regarding whether— 

‘‘(I) the name (including the first name and any family forename or surname), the date of birth (including 

the month, day, and year), and social security number 

of an individual provided to the Commissioner match 

the information contained in the Commissioner’s 

records, and 

‘‘(II) such individual is shown on the records of the 

Commissioner as being deceased; and 

‘‘(ii) the term ‘State driver’s license agency’ means the 

State agency which issues driver’s licenses to individuals 

within the State and maintains records relating to such licensure. 

‘‘(E) Nothing in this paragraph may be construed to require 

the provision of applicable information with regard to a request 

for a record of an individual if the Commissioner determines 

there are exceptional circumstances warranting an exception 


dlhill on DSK3GLQ082PROD with HEARING
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(such as safety of the individual or interference with an investigation). 

‘‘(F) Applicable information provided by the Commission pursuant to an agreement under this paragraph or by an individual to any agency that has entered into an agreement under 

this paragraph shall be considered as strictly confidential and 

shall be used only for the purposes described in this paragraph 

and for carrying out an agreement under this paragraph. Any 

officer or employee or former officer or employee of a State, or 

any officer or employee or former officer or employee of a contractor of a State who, without the written authority of the 

Commissioner, publishes or communicates any applicable information in such individual’s possession by reason of such employment or position as such an officer, shall be guilty of a felony and upon conviction thereof shall be fined or imprisoned, 

or both, as described in section 208.’’. 

(D) SPECIAL RULE FOR CERTAIN STATES.—In the case of 

a State which is permitted to use social security numbers, 

and provides for the use of social security numbers, on applications for voter registration, in accordance with section 

7 of the Privacy Act of 1974 (5 U.S.C. 552a note), the provisions of this paragraph shall be optional. 

(6) USE OF INTERNET BY REGISTERED VOTERS TO UPDATE INFORMATION.— 

(A) IN GENERAL.—The appropriate State or local election 

official shall ensure that any registered voter on the computerized list may at any time update the voter’s registration information, including the voter’s address and electronic mail address, online through the official public 

website of the election official responsible for the maintenance of the list, so long as the voter attests to the contents 

of the update by providing a signature in electronic form in 

the same manner required under section 6A(c) of the National Voter Registration Act of 1993. 

(B) PROCESSING OF UPDATED INFORMATION BY ELECTION

OFFICIALS.—If a registered voter updates registration information under subparagraph (A), the appropriate State or 

local election official shall— 

(i) revise any information on the computerized list to 

reflect the update made by the voter; and 

(ii) if the updated registration information affects the 

voter’s eligibility to vote in an election for Federal office, ensure that the information is processed with respect to the election if the voter updates the information 

not later than the lesser of 7 days, or the period provided by State law, before the date of the election. 

(C) CONFIRMATION AND DISPOSITION.— 

(i) CONFIRMATION OF RECEIPT.—Upon the online submission of updated registration information by an individual under this paragraph, the appropriate State or 

local election official shall send the individual a notice 

confirming the State’s receipt of the updated information and providing instructions on how the individual 

may check the status of the update. 


dlhill on DSK3GLQ082PROD with HEARING
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(ii) NOTICE OF DISPOSITION.—Not later than 7 days 

after the appropriate State or local election official has 

accepted or rejected updated information submitted by 

an individual under this paragraph, the official shall 

send the individual a notice of the disposition of the 

update. 

(iii) METHOD OF NOTIFICATION.—The appropriate 

State or local election official shall send the notices required under this subparagraph by regular mail, and, 

in the case of an individual who has requested that the 

State provide voter registration and voting information 

through electronic mail, by both electronic mail and 

regular mail. 

(b) REQUIREMENTS FOR VOTERS WHO REGISTER BY MAIL.— 

(1) IN GENERAL.—Notwithstanding section 6(c) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4(c)) 

and subject to paragraph (3), a State shall, in a uniform and 

nondiscriminatory manner, require an individual to meet the 

requirements of paragraph (2) if— 

(A) the individual registered to vote in a jurisdiction øby 

mail¿ by mail or online under section 6A of the National 

Voter Registration Act of 1993; and 

(B)(i) the individual has not previously voted in an election for Federal office in the State; or 

(ii) the individual has not previously voted in such 

an election in the jurisdiction and the jurisdiction is 

located in a State that does not have a computerized 

list that complies with the requirements of subsection 

(a). 

(2) REQUIREMENTS.— 

(A) IN GENERAL.—An individual meets the requirements 

of this paragraph if the individual— 

(i) in the case of an individual who votes in person— 

(I) presents to the appropriate State or local 

election official a current and valid photo identification; or 

(II) presents to the appropriate State or local 

election official a copy of a current utility bill, 

bank statement, government check, paycheck, or 

other government document that shows the name 

and address of the voter; or 

(ii) in the case of an individual who votes by mail, 

submits with the ballot— 

(I) a copy of a current and valid photo identification; or 

(II) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter. 

(B) FAIL-SAFE VOTING.— 

(i) IN PERSON.—An individual who desires to vote in 

person, but who does not meet the requirements of 

subparagraph (A)(i), may cast a provisional ballot 

under section 302(a). 


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(ii) BY MAIL.—An individual who desires to vote by 

mail but who does not meet the requirements of subparagraph (A)(ii) may cast such a ballot by mail and 

the ballot shall be counted as a provisional ballot in 

accordance with section 302(a). 

(3) INAPPLICABILITY.—Paragraph (1) shall not apply in the 

case of a person— 

(A) who registers to vote by mail under section 6 of the 

National Voter Registration Act of 1993 (42 U.S.C. 1973gg4) and submits as part of such registration either— 

(i) a copy of a current and valid photo identification; 

or 

(ii) a copy of a current utility bill, bank statement, 

government check, paycheck, or government document 

that shows the name and address of the voter; 

(B)(i) who registers to vote by mail under section 6 of the 

National Voter Registration Act of 1993 (42 U.S.C. 1973gg4) and submits with such registration either— 

(I) a driver’s license number; or 

(II) at least the last 4 digits of the individual’s 

social security number; and 

(ii) with respect to whom a State or local election official matches the information submitted under clause 

(i) with an existing State identification record bearing 

the same number, name and date of birth as provided 

in such registration; or 

(C) who is— 

(i) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (42 

U.S.C. 1973ff-1 et seq.); 

(ii) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 

1973ee-1(b)(2)(B)(ii)); or 

(iii) entitled to vote otherwise than in person under 

any other Federal law. 

(4) CONTENTS OF MAIL-IN REGISTRATION FORM.— (A) IN GENERAL.—The mail voter registration form developed under section 6 of the National Voter Registration 

Act of 1993 (42 U.S.C. 1973gg-4) shall include the following: 

(i) The question ‘‘Are you a citizen of the United 

States of America?’’ and boxes for the applicant to 

check to indicate whether the applicant is or is not a 

citizen of the United States. 

(ii) The question ‘‘Will you be 18 years of age on or 

before election day?’’ and boxes for the applicant to 

check to indicate whether or not the applicant will be 

18 years of age or older on election day. 

(iii) The statement ‘‘If you checked‘no’in response to 

either of these questions, do not complete this form.’’. 

(iv) A statement informing the individual that if the 

form is submitted by mail and the individual is registering for the first time, the appropriate information 

required under this section must be submitted with 


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the mail-in registration form in order to avoid the additional identification requirements upon voting for 

the first time. 

(B) INCOMPLETE FORMS.—If an applicant for voter registration fails to answer the question included on the mail 

voter registration form pursuant to subparagraph (A)(i), 

the registrar shall notify the applicant of the failure and 

provide the applicant with an opportunity to complete the 

form in a timely manner to allow for the completion of the 

registration form prior to the next election for Federal office (subject to State law). 

(5) SIGNATURE REQUIREMENTS FOR FIRST-TIME VOTERS USING

ONLINE REGISTRATION.— (A) IN GENERAL.—A State shall, in a uniform and nondiscriminatory manner, require an individual to meet the 

requirements of subparagraph (B) if— 

(i) the individual registered to vote in the State online under section 6A of the National Voter Registration Act of 1993; and 

(ii) the individual has not previously voted in an 

election for Federal office in the State. 

(B) REQUIREMENTS.—An individual meets the requirements of this subparagraph if— 

(i) in the case of an individual who votes in person, 

the individual provides the appropriate State or local 

election official with a handwritten signature; or 

(ii) in the case of an individual who votes by mail, 

the individual submits with the ballot a handwritten 

signature. 

(C) INAPPLICABILITY.—Subparagraph (A) does not apply 

in the case of an individual who is— 

(i) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 

U.S.C. 20302 et seq.); 

(ii) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 

20102(b)(2)(B)(ii)); or 

(iii) entitled to vote otherwise than in person under 

any other Federal law. 

ø(5)¿ (6) CONSTRUCTION.—Nothing in this subsection shall be 

construed to require a State that was not required to comply 

with a provision of the National Voter Registration Act of 1993 

(42 U.S.C. 1973gg et seq.) before the date of the enactment of 

this Act to comply with such a provision after such date. 

(c) PERMITTED USE OF LAST 4 DIGITS OF SOCIAL SECURITY NUMBERS.—The last 4 digits of a social security number described in 

subsections (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II) shall not be considered 

to be a social security number for purposes of section 7 of the Privacy Act of 1974 (5 U.S.C. 552a note). 

(d) EFFECTIVE DATE.— 

(1) COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST RE- QUIREMENTS.— 

(A) IN GENERAL.—Except as provided in øsubparagraph 

(B)¿ subparagraph (B) and subsection (a)(6), each State 


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and jurisdiction shall be required to comply with the requirements of subsection (a) on and after January 1, 2004. 

(B) WAIVER.—If a State or jurisdiction certifies to the 

Commission not later than January 1, 2004, that the State 

or jurisdiction will not meet the deadline described in subparagraph (A) for good cause and includes in the certification the reasons for the failure to meet such deadline, 

subparagraph (A) shall apply to the State or jurisdiction as 

if the reference in such subparagraph to ‘‘January 1, 2004’’ 

were a reference to ‘‘January 1, 2006’’. 

(2) REQUIREMENT FOR VOTERS WHO REGISTER BY MAIL.— 

(A) IN GENERAL.—øEach State¿ Except as provided in 

subsection (b)(5), each State and jurisdiction shall be required to comply with the requirements of subsection (b) 

on and after January 1, 2004, and shall be prepared to receive registration materials submitted by individuals described in subparagraph (B) on and after the date described in such subparagraph. 

(B) APPLICABILITY WITH RESPECT TO INDIVIDUALS.—The 

provisions of subsection (b) shall apply to any individual 

who registers to vote on or after January 1, 2003. 

SEC. 303A. PERMITTING USE OF SWORN WRITTEN STATEMENT TO 

MEET IDENTIFICATION REQUIREMENTS. 

(a) USE OF STATEMENT.— 

(1) IN GENERAL.—Except as provided in subsection (c), if a 

State has in effect a requirement that an individual present 

identification as a condition of receiving and casting a ballot in 

an election for Federal office, the State shall permit the individual to meet the requirement— 

(A) in the case of an individual who desires to vote in 

person, by presenting the appropriate State or local election 

official with a sworn written statement, signed by the individual under penalty of perjury, attesting to the individual’s identity and attesting that the individual is eligible to 

vote in the election; or 

(B) in the case of an individual who desires to vote by 

mail, by submitting with the ballot the statement described 

in subparagraph (A). 

(2) DEVELOPMENT OF PRE-PRINTED VERSION OF STATEMENT BY

COMMISSION.—The Commission shall develop a pre-printed 

version of the statement described in paragraph (1)(A) which includes a blank space for an individual to provide a name and 

signature for use by election officials in States which are subject 

to paragraph (1). 

(3) PROVIDING PRE-PRINTED COPY OF STATEMENT.—A State 

which is subject to paragraph (1) shall— 

(A) make copies of the pre-printed version of the statement described in paragraph (1)(A) which is prepared by 

the Commission available at polling places for election officials to distribute to individuals who desire to vote in person; and 

(B) include a copy of such pre-printed version of the statement with each blank absentee or other ballot transmitted 

to an individual who desires to vote by mail. 


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(b) REQUIRING USE OF BALLOT IN SAME MANNER AS INDIVIDUALS

PRESENTING IDENTIFICATION.—An individual who presents or submits a sworn written statement in accordance with subsection (a)(1) 

shall be permitted to cast a ballot in the election in the same manner as an individual who presents identification. 

(c) EXCEPTION FOR FIRST-TIME VOTERS REGISTERING BY MAIL.— 

Subsections (a) and (b) do not apply with respect to any individual 

described in paragraph (1) of section 303(b) who is required to meet 

the requirements of paragraph (2) of such section. 

SEC. 303B. REQUIRING PARTICIPATION IN POST-GENERAL ELECTION 

SURVEYS. 

(a) REQUIREMENT.—Each State shall furnish to the Commission 

such information as the Commission may request for purposes of 

conducting any post-election survey of the States with respect to the 

administration of a regularly scheduled general election for Federal 

office. 

(b) EFFECTIVE DATE.—This section shall apply with respect to the 

regularly scheduled general election for Federal office held in November 2020 and any succeeding election. 

SEC. 304. SAME DAY REGISTRATION. 

(a) IN GENERAL.— 

(1) REGISTRATION.—Notwithstanding section 8(a)(1)(D) of the 

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

20507(a)(1)(D)), each State shall permit any eligible individual 

on the day of a Federal election and on any day when voting, 

including early voting, is permitted for a Federal election— 

(A) to register to vote in such election at the polling place 

using a form that meets the requirements under section 9(b) 

of the National Voter Registration Act of 1993 (or, if the individual is already registered to vote, to revise any of the 

individual’s voter registration information); and 

(B) to cast a vote in such election. 

(2) EXCEPTION.—The requirements under paragraph (1) shall 

not apply to a State in which, under a State law in effect continuously on and after the date of the enactment of this section, 

there is no voter registration requirement for individuals in the 

State with respect to elections for Federal office. 

(b) ELIGIBLE INDIVIDUAL.—For purposes of this section, the term 

‘‘eligible individual’’ means, with respect to any election for Federal 

office, an individual who is otherwise qualified to vote in that election. 

(c) EFFECTIVE DATE.—Each State shall be required to comply 

with the requirements of subsection (a) for the regularly scheduled 

general election for Federal office occurring in November 2020 and 

for any subsequent election for Federal office. 

SEC. 305. ACCESS TO VOTER REGISTRATION AND VOTING FOR INDIVIDUALS WITH DISABILITIES. 

(a) TREATMENT OF APPLICATIONS AND BALLOTS.—Each State 

shall— 

(1) permit individuals with disabilities to use absentee registration procedures and to vote by absentee ballot in elections 

for Federal office; 

(2) accept and process, with respect to any election for Federal 

office, any otherwise valid voter registration application and abVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00261 Fmt 6659 Sfmt 6603 E:\HR\OC\HR015P1.XXX HR015P1

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sentee ballot application from an individual with a disability if 

the application is received by the appropriate State election official within the deadline for the election which is applicable 

under Federal law; 

(3) in addition to any other method of registering to vote or 

applying for an absentee ballot in the State, establish procedures— 

(A) for individuals with disabilities to request by mail 

and electronically voter registration applications and absentee ballot applications with respect to elections for Federal office in accordance with subsection (c); 

(B) for States to send by mail and electronically (in accordance with the preferred method of transmission designated by the individual under subparagraph (C)) voter 

registration applications and absentee ballot applications 

requested under subparagraph (A) in accordance with subsection (c); and 

(C) by which such an individual can designate whether 

the individual prefers that such voter registration application or absentee ballot application be transmitted by mail 

or electronically; 

(4) in addition to any other method of transmitting blank absentee ballots in the State, establish procedures for transmitting 

by mail and electronically blank absentee ballots to individuals 

with disabilities with respect to elections for Federal office in 

accordance with subsection (d); 

(5) transmit a validly requested absentee ballot to an individual with a disability— 

(A) except as provided in subsection (e), in the case in 

which the request is received at least 45 days before an election for Federal office, not later than 45 days before the 

election; and 

(B) in the case in which the request is received less than 

45 days before an election for Federal office— 

(i) in accordance with State law; and 

(ii) if practicable and as determined appropriate by 

the State, in a manner that expedites the transmission 

of such absentee ballot; and 

(6) if the State declares or otherwise holds a runoff election 

for Federal office, establish a written plan that provides absentee ballots are made available to individuals with disabilities 

in a manner that gives them sufficient time to vote in the runoff 

election. 

(b) DESIGNATION OF SINGLE STATE OFFICE TO PROVIDE INFORMATION ON REGISTRATION AND ABSENTEE BALLOT PROCEDURES FOR

ALL DISABLED VOTERS IN STATE.—Each State shall designate a single office which shall be responsible for providing information regarding voter registration procedures and absentee ballot procedures to be used by individuals with disabilities with respect to elections for Federal office to all individuals with disabilities who wish 

to register to vote or vote in any jurisdiction in the State. 

(c) DESIGNATION OF MEANS OF ELECTRONIC COMMUNICATION FOR

INDIVIDUALS WITH DISABILITIES TO REQUEST AND FOR STATES TO

SEND VOTER REGISTRATION APPLICATIONS AND ABSENTEE BALLOT


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APPLICATIONS, AND FOR OTHER PURPOSES RELATED TO VOTING IN- FORMATION.— (1) IN GENERAL.—Each State shall, in addition to the designation of a single State office under subsection (b), designate 

not less than 1 means of electronic communication— 

(A) for use by individuals with disabilities who wish to 

register to vote or vote in any jurisdiction in the State to 

request voter registration applications and absentee ballot 

applications under subsection (a)(3); 

(B) for use by States to send voter registration applications and absentee ballot applications requested under such 

subsection; and 

(C) for the purpose of providing related voting, balloting, 

and election information to individuals with disabilities. 

(2) CLARIFICATION REGARDING PROVISION OF MULTIPLE MEANS

OF ELECTRONIC COMMUNICATION.—A State may, in addition to 

the means of electronic communication so designated, provide 

multiple means of electronic communication to individuals with 

disabilities, including a means of electronic communication for 

the appropriate jurisdiction of the State. 

(3) INCLUSION OF DESIGNATED MEANS OF ELECTRONIC COM- MUNICATION WITH INFORMATIONAL AND INSTRUCTIONAL MATE- RIALS THAT ACCOMPANY BALLOTING MATERIALS.—Each State 

shall include a means of electronic communication so designated with all informational and instructional materials that 

accompany balloting materials sent by the State to individuals 

with disabilities. 

(4) TRANSMISSION IF NO PREFERENCE INDICATED.—In the case 

where an individual with a disability does not designate a preference under subsection (a)(3)(C), the State shall transmit the 

voter registration application or absentee ballot application by 

any delivery method allowable in accordance with applicable 

State law, or if there is no applicable State law, by mail. 

(d) TRANSMISSION OF BLANK ABSENTEE BALLOTS BY MAIL AND

ELECTRONICALLY.— (1) IN GENERAL.—Each State shall establish procedures— 

(A) to securely transmit blank absentee ballots by mail 

and electronically (in accordance with the preferred method 

of transmission designated by the individual with a disability under subparagraph (B)) to individuals with disabilities for an election for Federal office; and 

(B) by which the individual with a disability can designate whether the individual prefers that such blank absentee ballot be transmitted by mail or electronically. 

(2) TRANSMISSION IF NO PREFERENCE INDICATED.—In the case 

where an individual with a disability does not designate a preference under paragraph (1)(B), the State shall transmit the ballot by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. 

(3) APPLICATION OF METHODS TO TRACK DELIVERY TO AND RE- TURN OF BALLOT BY INDIVIDUAL REQUESTING BALLOT.—Under 

the procedures established under paragraph (1), the State shall 

apply such methods as the State considers appropriate, such as 

assigning a unique identifier to the ballot, to ensure that if an 

individual with a disability requests the State to transmit a 


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blank absentee ballot to the individual in accordance with this 

subsection, the voted absentee ballot which is returned by the 

individual is the same blank absentee ballot which the State 

transmitted to the individual. 

(e) HARDSHIP EXEMPTION.— (1) IN GENERAL.—If the chief State election official determines 

that the State is unable to meet the requirement under subsection (a)(5)(A) with respect to an election for Federal office 

due to an undue hardship described in paragraph (2)(B), the 

chief State election official shall request that the Attorney General grant a waiver to the State of the application of such subsection. Such request shall include— 

(A) a recognition that the purpose of such subsection is 

to individuals with disabilities enough time to vote in an 

election for Federal office; 

(B) an explanation of the hardship that indicates why the 

State is unable to transmit such individuals an absentee 

ballot in accordance with such subsection; 

(C) the number of days prior to the election for Federal 

office that the State requires absentee ballots be transmitted 

to such individuals; and 

(D) a comprehensive plan to ensure that such individuals 

are able to receive absentee ballots which they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot 

counted in the election for Federal office, which includes— 

(i) the steps the State will undertake to ensure that 

such individuals have time to receive, mark, and submit their ballots in time to have those ballots counted 

in the election; 

(ii) why the plan provides such individuals sufficient 

time to vote as a substitute for the requirements under 

such subsection; and 

(iii) the underlying factual information which explains how the plan provides such sufficient time to 

vote as a substitute for such requirements. 

(2) APPROVAL OF WAIVER REQUEST.—The Attorney General 

shall approve a waiver request under paragraph (1) if the Attorney General determines each of the following requirements are 

met: 

(A) The comprehensive plan under subparagraph (D) of 

such paragraph provides individuals with disabilities sufficient time to receive absentee ballots they have requested 

and submit marked absentee ballots to the appropriate 

State election official in time to have that ballot counted in 

the election for Federal office. 

(B) One or more of the following issues creates an undue 

hardship for the State: 

(i) The State’s primary election date prohibits the 

State from complying with subsection (a)(5)(A). 

(ii) The State has suffered a delay in generating ballots due to a legal contest. 

(iii) The State Constitution prohibits the State from 

complying with such subsection. 

(3) TIMING OF WAIVER.— 


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(A) IN GENERAL.—Except as provided under subparagraph (B), a State that requests a waiver under paragraph 

(1) shall submit to the Attorney General the written waiver 

request not later than 90 days before the election for Federal office with respect to which the request is submitted. 

The Attorney General shall approve or deny the waiver request not later than 65 days before such election. 

(B) EXCEPTION.—If a State requests a waiver under paragraph (1) as the result of an undue hardship described in 

paragraph (2)(B)(ii), the State shall submit to the Attorney 

General the written waiver request as soon as practicable. 

The Attorney General shall approve or deny the waiver request not later than 5 business days after the date on which 

the request is received. 

(4) APPLICATION OF WAIVER.—A waiver approved under paragraph (2) shall only apply with respect to the election for Federal office for which the request was submitted. For each subsequent election for Federal office, the Attorney General shall only 

approve a waiver if the State has submitted a request under 

paragraph (1) with respect to such election. 

(f) RULE OF CONSTRUCTION.—Nothing in this section may be construed to allow the marking or casting of ballots over the internet. 

(g) INDIVIDUAL WITH A DISABILITY DEFINED.—In this section, an 

‘‘individual with a disability’’ means an individual with an impairment that substantially limits any major life activities and who is 

otherwise qualified to vote in elections for Federal office. 

(h) EFFECTIVE DATE.—This section shall apply with respect to 

elections for Federal office held on or after January 1, 2020. 

SEC. 306. EARLY VOTING. 

(a) REQUIRING VOTING PRIOR TO DATE OF ELECTION.— 

(1) IN GENERAL.—Each State shall allow individuals to vote 

in an election for Federal office during an early voting period 

which occurs prior to the date of the election, in the same manner as voting is allowed on such date. 

(2) LENGTH OF PERIOD.—The early voting period required 

under this subsection with respect to an election shall consist of 

a period of consecutive days (including weekends) which begins 

on the 15th day before the date of the election (or, at the option 

of the State, on a day prior to the 15th day before the date of 

the election) and ends on the date of the election. 

(b) MINIMUM EARLY VOTING REQUIREMENTS.—Each polling place 

which allows voting during an early voting period under subsection 

(a) shall— 

(1) allow such voting for no less than 4 hours on each day, 

except that the polling place may allow such voting for fewer 

than 4 hours on Sundays; and 

(2) have uniform hours each day for which such voting occurs. 

(c) LOCATION OF POLLING PLACES NEAR PUBLIC TRANSPORTATION.—To the greatest extent practicable, a State shall ensure 

that each polling place which allows voting during an early voting 

period under subsection (a) is located within walking distance of a 

stop on a public transportation route. 

(d) STANDARDS.— 


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(1) IN GENERAL.—The Commission shall issue standards for 

the administration of voting prior to the day scheduled for a 

Federal election. Such standards shall include the nondiscriminatory geographic placement of polling places at which such 

voting occurs. 

(2) DEVIATION.—The standards described in paragraph (1) 

shall permit States, upon providing adequate public notice, to 

deviate from any requirement in the case of unforeseen circumstances such as a natural disaster, terrorist attack, or a 

change in voter turnout. 

(e) EFFECTIVE DATE.—This section shall apply with respect to 

elections held on or after January 1, 2020. 

SEC. 307. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL. 

(a) IN GENERAL.—If an individual in a State is eligible to cast a 

vote in an election for Federal office, the State may not impose any 

additional conditions or requirements on the eligibility of the individual to cast the vote in such election by absentee ballot by mail, 

except as required under subsection (b) and except to the extent that 

the State imposes a deadline for requesting the ballot and related 

voting materials from the appropriate State or local election official 

and for returning the ballot to the appropriate State or local election 

official. 

(b) REQUIRING SIGNATURE VERIFICATION.— 

(1) REQUIREMENT.—A State may not accept and process an 

absentee ballot submitted by any individual with respect to an 

election for Federal office unless the State verifies the identification of the individual by comparing the individual’s signature 

on the absentee ballot with the individual’s signature on the official list of registered voters in the State, in accordance with 

such procedures as the State may adopt (subject to the requirements of paragraph (2)). 

(2) DUE PROCESS REQUIREMENTS.— 

(A) NOTICE AND OPPORTUNITY TO CURE DISCREPANCY.—If 

an individual submits an absentee ballot and the appropriate State or local election official determines that a discrepancy exists between the signature on such ballot and 

the signature of such individual on the official list of registered voters in the State, such election official, prior to 

making a final determination as to the validity of such ballot, shall make a good faith effort to immediately notify 

such individual by mail, telephone, and (if available) electronic mail that— 

(i) a discrepancy exists between the signature on such 

ballot and the signature of such individual on the official list of registered voters in the State; 

(ii) such individual may provide the official with information to cure such discrepancy, either in person, by 

telephone, or by electronic methods; and 

(iii) if such discrepancy is not cured prior to the expiration of the 7-day period which begins on the date of 

the election, such ballot will not be counted. 

(B) OTHER REQUIREMENTS.—An election official may not 

make a determination that a discrepancy exists between the 

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dividual who submits the ballot on the official list of registered voters in the State unless— 

(i) at least 2 election officials make the determination; and 

(ii) each official who makes the determination has received training in procedures used to verify signatures. 

(c) DEADLINE FOR PROVIDING BALLOTING MATERIALS.—If an individual requests to vote by absentee ballot in an election for Federal 

office, the appropriate State or local election official shall ensure 

that the ballot and relating voting materials are received by the individual— 

(1) not later than 2 weeks before the date of the election; or 

(2) in the case of a State which imposes a deadline for requesting an absentee ballot and related voting materials which 

is less than 2 weeks before the date of the election, as expeditiously as possible. 

(d) ACCESSIBILITY FOR INDIVIDUALS WITH DISABILITIES.—Consistent with section 305, the State shall ensure that all absentee ballots and related voting materials in elections for Federal office are 

accessible to individuals with disabilities in a manner that provides 

the same opportunity for access and participation (including with 

privacy and independence) as for other voters. 

(e) UNIFORM DEADLINE FOR ACCEPTANCE OF MAILED BALLOTS.— If a ballot submitted by an individual by mail with respect to an 

election for Federal office in a State is postmarked on or before the 

date of the election, the State may not refuse to accept or process the 

ballot on the grounds that the individual did not meet a deadline 

for returning the ballot to the appropriate State or local election official. 

(f) NO EFFECT ON BALLOTS SUBMITTED BY ABSENT MILITARY AND

OVERSEAS VOTERS.—Nothing in this section may be construed to affect the treatment of any ballot submitted by an individual who is 

entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). 

(g) EFFECTIVE DATE.—This section shall apply with respect to 

elections held on or after January 1, 2020. 

SEC. ø304.¿ 308. MINIMUM REQUIREMENTS. 

The requirements established by this title are minimum requirements and nothing in this title shall be construed to prevent a 

State from establishing election technology and administration requirements that are more strict than the requirements established 

under this title so long as such State requirements are not inconsistent with the Federal requirements under this title or any law 

described in section 906. 

SEC. ø305.¿ 309. METHODS OF IMPLEMENTATION LEFT TO DISCRETION 

OF STATE. 

The specific choices on the methods of complying with the requirements of this title shall be left to the discretion of the State. 

Subtitle B—Voluntary Guidance 

SEC. 311. ADOPTION OF VOLUNTARY GUIDANCE BY COMMISSION. 

(a) IN GENERAL.—To assist States in meeting the requirements 

of subtitle A, the Commission shall adopt voluntary guidance conVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00267 Fmt 6659 Sfmt 6601 E:\HR\OC\HR015P1.XXX HR015P1

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sistent with such requirements in accordance with the procedures 

described in section 312. 

(b) DEADLINES.—The Commission shall adopt the recommendations under this section not later than— 

(1) in the case of the recommendations with respect to section 301, January 1, 2004; 

(2) in the case of the recommendations with respect to section 302, October 1, 2003; øand¿ 

(3) in the case of the recommendations with respect to section 303, October 1, 2003ø.¿; 

(4) in the case of the recommendations with respect to section 

305, January 1, 2020; 

(5) in the case of the recommendations with respect to section 

306, June 30, 2020; and 

(6) in the case of the recommendations with respect to section 

307, June 30, 2020. 

(c) QUADRENNIAL UPDATE.—The Commission shall review and 

update recommendations adopted with respect to section 301 no 

less frequently than once every 4 years. 

* * * * * * * 

TITLE IV—ENFORCEMENT 

SEC. 401. ACTIONS BY THE ATTORNEY GENERAL FOR DECLARATORY 

AND INJUNCTIVE RELIEF. 

øThe Attorney General¿ (a) IN GENERAL.—The Attorney General 

may bring a civil action against any State or jurisdiction in an appropriate United States District Court for such declaratory and injunctive relief (including a temporary restraining order, a permanent or temporary injunction, or other order) as may be necessary 

to carry out the uniform and nondiscriminatory election technology 

and administration requirements under øsections 301, 302, and 

303¿ subtitle A of title III. 

(b) FILING OF COMPLAINTS BY AGGRIEVED PERSONS.— (1) IN GENERAL.—A person who is aggrieved by a violation of 

title III which has occurred, is occurring, or is about to occur 

may file a written, signed, notarized complaint with the Attorney General describing the violation and requesting the Attorney General to take appropriate action under this section. The 

Attorney General shall immediately provide a copy of a complaint filed under the previous sentence to the entity responsible 

for administering the State-based administrative complaint procedures described in section 402(a) for the State involved. 

(2) RESPONSE BY ATTORNEY GENERAL.—The Attorney General 

shall respond to each complaint filed under paragraph (1), in 

accordance with procedures established by the Attorney General 

that require responses and determinations to be made within 

the same (or shorter) deadlines which apply to a State under 

the State-based administrative complaint procedures described 

in section 402(a)(2). The Attorney General shall immediately 

provide a copy of the response made under the previous sentence 

to the entity responsible for administering the State-based administrative complaint procedures described in section 402(a) 

for the State involved. 


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(c) AVAILABILITY OF PRIVATE RIGHT OF ACTION.—Any person who 

is authorized to file a complaint under subsection (b)(1) (including 

any individual who seeks to enforce the individual’s right to a voterverified paper ballot, the right to have the voter-verified paper ballot 

counted in accordance with this Act, or any other right under title 

III) may file an action under section 1979 of the Revised Statutes 

of the United States (42 U.S.C. 1983) to enforce the uniform and 

nondiscriminatory election technology and administration requirements under subtitle A of title III. 

(d) NO EFFECT ON STATE PROCEDURES.—Nothing in this section 

may be construed to affect the availability of the State-based administrative complaint procedures required under section 402 to any 

person filing a complaint under this subsection. 

* * * * * * * 

TITLE IX—MISCELLANEOUS 

PROVISIONS 

øSEC. 901. STATE DEFINED. 

øIn this Act, the term ‘‘State’’ includes the District of Columbia, 

the Commonwealth of Puerto Rico, Guam, American Samoa, and 

the United States Virgin Islands.¿ 

SEC. 901. DEFINITIONS. 

In this Act, the following definitions apply: 

(1) The term ‘‘cybersecurity incident’’ has the meaning given 

the term ‘‘incident’’ in section 227 of the Homeland Security Act 

of 2002 (6 U.S.C. 148). 

(2) The term ‘‘election infrastructure’’ has the meaning given 

such term in section 3501 of the Election Security Act. 

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

District of Columbia, the Commonwealth of Puerto Rico, Guam, 

American Samoa, the United States Virgin Islands, and the 

Commonwealth of the Northern Mariana Islands. 

* * * * * * * 

UNIFORMED AND OVERSEAS CITIZENS ABSENTEE 

VOTING ACT 

* * * * * * * 

TITLE I—REGISTRATION AND VOTING BY ABSENT UNIFORMED SERVICES VOTERS AND 

OVERSEAS VOTERS IN ELECTIONS FOR FEDERAL OFFICE 

* * * * * * * 

SEC. 102. STATE RESPONSIBILITIES. 

(a) IN GENERAL.—Each State shall— 

(1) permit absent uniformed services voters and overseas voters to use absentee registration procedures and to vote by abVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00269 Fmt 6659 Sfmt 6601 E:\HR\OC\HR015P1.XXX HR015P1

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sentee ballot in general, special, primary, and runoff elections 

for Federal office; 

(2) accept and process, with respect to any election for Federal office, any otherwise valid voter registration application 

and absentee ballot application from an absent uniformed services voter or overseas voter, if the application is received by the 

appropriate State election official not less than 30 days before 

the election; 

(3) permit absent uniformed services voters and overseas voters to use Federal write-in absentee ballots (in accordance with 

section 103) in general elections for Federal office; 

(4) use the official post card form (prescribed under section 

101) for simultaneous voter registration application and absentee ballot application; 

(5) if the State requires an oath or affirmation to accompany 

any document under this title, use the standard oath prescribed by the Presidential designee under section 101(b)(7); 

(6) in addition to any other method of registering to vote or 

applying for an absentee ballot in the State, establish procedures— 

(A) for absent uniformed services voters and overseas 

voters to request by mail and electronically voter registration applications and absentee ballot applications with respect to general, special, primary, and runoff elections for 

Federal office in accordance with subsection (e); 

(B) for States to send by mail and electronically (in accordance with the preferred method of transmission designated by the absent uniformed services voter or overseas 

voter under subparagraph (C)) voter registration applications and absentee ballot applications requested under 

subparagraph (A) in accordance with subsection (e); and 

(C) by which the absent uniformed services voter or 

overseas voter can designate whether the voter prefers 

that such voter registration application or absentee ballot 

application be transmitted by mail or electronically; 

(7) in addition to any other method of transmitting blank absentee ballots in the State, establish procedures for transmitting by mail and electronically blank absentee ballots to absent 

uniformed services voters and overseas voters with respect to 

general, special, primary, and runoff elections for Federal office 

in accordance with subsection (f); 

(8) transmit a validly requested absentee ballot to an absent 

uniformed services voter or overseas voter— 

(A) øexcept as provided in subsection (g),¿ in the case in 

which the request is received at least 45 days before an 

election for Federal office, not later than 45 days before 

øthe election;¿ the election (or, if the 45th day preceding 

the election is a weekend or legal public holiday, not later 

than the most recent weekday which precedes such 45th 

day and which is not a legal public holiday, but only if the 

request is received by at least such most recent weekday); 

and 

(B) in the case in which the request is received less than 

45 days before an election for Federal office— 

(i) in accordance with State law; and 


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(ii) if practicable and as determined appropriate by 

the State, in a manner that expedites the transmission 

of such absentee ballot; 

(9) if the State declares or otherwise holds a runoff election 

for Federal office, establish a written plan that provides absentee ballots are made available to absent uniformed services 

voters and overseas voters in manner that gives them sufficient time to vote in the runoff election; 

(10) carry out section 103A(b)(1) with respect to the processing and acceptance of marked absentee ballots of absent 

overseas uniformed services voters; and 

(11) report data on the number of absentee ballots transmitted and received under section 102(c) and such other data 

as the Presidential designee determines appropriate in accordance with the standards developed by the Presidential designee 

under section 101(b)(11). 

(b) DESIGNATION OF SINGLE STATE OFFICE TO PROVIDE INFORMA- TION ON REGISTRATION AND ABSENTEE BALLOT PROCEDURES FOR

ALL VOTERS IN STATE.— (1) IN GENERAL.—Each State shall designate a single office 

which shall be responsible for providing information regarding 

voter registration procedures and absentee ballot procedures to 

be used by absent uniformed services voters and overseas voters with respect to elections for Federal office (including procedures relating to the use of the Federal write-in absentee ballot) to all absent uniformed services voters and overseas voters 

who wish to register to vote or vote in any jurisdiction in the 

State. 

(2) RECOMMENDATION REGARDING USE OF OFFICE TO ACCEPT

AND PROCESS MATERIALS.—Congress recommends that the 

State office designated under paragraph (1) be responsible for 

carrying out the State’s duties under this Act, including accepting valid voter registration applications, absentee ballot applications, and absentee ballots (including Federal write-in absentee ballots) from all absent uniformed services voters and overseas voters who wish to register to vote or vote in any jurisdiction in the State. 

ø(c) REPORT ON NUMBER OF ABSENTEE BALLOTS TRANSMITTED

AND RECEIVED.—Not later than 90 days after the date of each regularly scheduled general election for Federal office, each State and 

unit of local government which administered the election shall 

(through the State, in the case of a unit of local government) submit a report to the Election Assistance Commission (established 

under the Help America Vote Act of 2002) on the combined number 

of absentee ballots transmitted to absent uniformed services voters 

and overseas voters for the election and the combined number of 

such ballots which were returned by such voters and cast in the 

election, and shall make such report available to the general public.¿ 

(c) REPORTS ON AVAILABILITY, TRANSMISSION, AND RECEIPT OF

ABSENTEE BALLOTS.— 

(1) PRE-ELECTION REPORT ON ABSENTEE BALLOT AVAIL- ABILITY.—Not later than 55 days before any regularly scheduled 

general election for Federal office, each State shall submit a report to the Attorney General, the Election Assistance CommisVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00271 Fmt 6659 Sfmt 6603 E:\HR\OC\HR015P1.XXX HR015P1

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sion (hereafter in this subsection referred to as the ‘‘Commission’’), and the Presidential Designee, and make that report 

publicly available that same day, certifying that absentee ballots for the election are or will be available for transmission to 

absent uniformed services voters and overseas voters by not 

later than 45 days before the election. The report shall be in a 

form prescribed jointly by the Attorney General and the Commission and shall require the State to certify specific information about ballot availability from each unit of local government which will administer the election. 

(2) PRE-ELECTION REPORT ON ABSENTEE BALLOT TRANS- MISSION.—Not later than 43 days before any regularly scheduled general election for Federal office, each State shall submit 

a report to the Attorney General, the Commission, and the Presidential Designee, and make that report publicly available that 

same day, certifying whether all absentee ballots have been 

transmitted by not later than 45 days before the election to all 

qualified absent uniformed services and overseas voters whose 

requests were received at least 45 days before the election. The 

report shall be in a form prescribed jointly by the Attorney General and the Commission, and shall require the State to certify 

specific information about ballot transmission, including the 

total numbers of ballot requests received and ballots transmitted, from each unit of local government which will administer the election. 

(3) POST-ELECTION REPORT ON NUMBER OF ABSENTEE BAL- LOTS TRANSMITTED AND RECEIVED.—Not later than 90 days 

after the date of each regularly scheduled general election for 

Federal office, each State and unit of local government which 

administered the election shall (through the State, in the case 

of a unit of local government) submit a report to the Attorney 

General, the Commission, and the Presidential Designee on the 

combined number of absentee ballots transmitted to absent uniformed services voters and overseas voters for the election and 

the combined number of such ballots which were returned by 

such voters and cast in the election, and shall make such report 

available to the general public that same day. 

(d) REGISTRATION NOTIFICATION.—With respect to each absent 

uniformed services voter and each overseas voter who submits a 

voter registration application or an absentee ballot request, if the 

State rejects the application or request, the State shall provide the 

voter with the reasons for the rejection. 

(e) DESIGNATION OF MEANS OF ELECTRONIC COMMUNICATION FOR

ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS TO

REQUEST AND FOR STATES TO SEND VOTER REGISTRATION APPLICATIONS AND ABSENTEE BALLOT APPLICATIONS, AND FOR OTHER PURPOSES RELATED TO VOTING INFORMATION.— 

(1) IN GENERAL.—Each State shall, in addition to the designation of a single State office under subsection (b), designate 

not less than 1 means of electronic communication— 

(A) for use by absent uniformed services voters and overseas voters who wish to register to vote or vote in any jurisdiction in the State to request voter registration applications and absentee ballot applications under subsection 

(a)(6); 


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(B) for use by States to send voter registration applications and absentee ballot applications requested under 

such subsection; and 

(C) for the purpose of providing related voting, balloting, 

and election information to absent uniformed services voters and overseas voters. 

(2) CLARIFICATION REGARDING PROVISION OF MULTIPLE MEANS

OF ELECTRONIC COMMUNICATION.—A State may, in addition to 

the means of electronic communication so designated, provide 

multiple means of electronic communication to absent uniformed services voters and overseas voters, including a means 

of electronic communication for the appropriate jurisdiction of 

the State. 

(3) INCLUSION OF DESIGNATED MEANS OF ELECTRONIC COMMU- NICATION WITH INFORMATIONAL AND INSTRUCTIONAL MATERIALS

THAT ACCOMPANY BALLOTING MATERIALS.—Each State shall include a means of electronic communication so designated with 

all informational and instructional materials that accompany 

balloting materials sent by the State to absent uniformed services voters and overseas voters. 

(4) AVAILABILITY AND MAINTENANCE OF ONLINE REPOSITORY

OF STATE CONTACT INFORMATION.—The Federal Voting Assistance Program of the Department of Defense shall maintain 

and make available to the public an online repository of State 

contact information with respect to elections for Federal office, 

including the single State office designated under subsection 

(b) and the means of electronic communication designated 

under paragraph (1), to be used by absent uniformed services 

voters and overseas voters as a resource to send voter registration applications and absentee ballot applications to the appropriate jurisdiction in the State. 

(5) TRANSMISSION IF NO PREFERENCE INDICATED.—In the case 

where an absent uniformed services voter or overseas voter 

does not designate a preference under subsection (a)(6)(C), the 

State shall transmit the voter registration application or absentee ballot application by any delivery method allowable in 

accordance with applicable State law, or if there is no applicable State law, by mail. 

(6) SECURITY AND PRIVACY PROTECTIONS.— (A) SECURITY PROTECTIONS.—To the extent practicable, 

States shall ensure that the procedures established under 

subsection (a)(6) protect the security and integrity of the 

voter registration and absentee ballot application request 

processes. 

(B) PRIVACY PROTECTIONS.—To the extent practicable, 

the procedures established under subsection (a)(6) shall 

ensure that the privacy of the identity and other personal 

data of an absent uniformed services voter or overseas 

voter who requests or is sent a voter registration application or absentee ballot application under such subsection is 

protected throughout the process of making such request 

or being sent such application. 

(f) TRANSMISSION OF BLANK ABSENTEE BALLOTS BY MAIL AND

ELECTRONICALLY.— 

(1) IN GENERAL.—Each State shall establish procedures— 


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(A) to transmit blank absentee ballots by mail and electronically (in accordance with the preferred method of 

transmission designated by the absent uniformed services 

voter or overseas voter under subparagraph (B)) to absent 

uniformed services voters and overseas voters for an election for Federal office; and 

(B) by which the absent uniformed services voter or 

overseas voter can designate whether the voter prefers 

that such blank absentee ballot be transmitted by mail or 

electronically. 

(2) TRANSMISSION IF NO PREFERENCE INDICATED.—In the case 

where an absent uniformed services voter or overseas voter 

does not designate a preference under paragraph (1)(B), the 

State shall transmit the ballot by any delivery method allowable in accordance with applicable State law, or if there is no 

applicable State law, by mail. 

(3) SECURITY AND PRIVACY PROTECTIONS.— (A) SECURITY PROTECTIONS.—To the extent practicable, 

States shall ensure that the procedures established under 

subsection (a)(7) protect the security and integrity of absentee ballots. 

(B) PRIVACY PROTECTIONS.—To the extent practicable, 

the procedures established under subsection (a)(7) shall 

ensure that the privacy of the identity and other personal 

data of an absent uniformed services voter or overseas 

voter to whom a blank absentee ballot is transmitted 

under such subsection is protected throughout the process 

of such transmission. 

ø(g) HARDSHIP EXEMPTION.— ø(1) IN GENERAL.—If the chief State election official determines that the State is unable to meet the requirement under 

subsection (a)(8)(A) with respect to an election for Federal office due to an undue hardship described in paragraph (2)(B), 

the chief State election official shall request that the Presidential designee grant a waiver to the State of the application 

of such subsection. Such request shall include— 

ø(A) a recognition that the purpose of such subsection is 

to allow absent uniformed services voters and overseas voters enough time to vote in an election for Federal office; 

ø(B) an explanation of the hardship that indicates why 

the State is unable to transmit absent uniformed services 

voters and overseas voters an absentee ballot in accordance with such subsection; 

ø(C) the number of days prior to the election for Federal 

office that the State requires absentee ballots be transmitted to absent uniformed services voters and overseas 

voters; and 

ø(D) a comprehensive plan to ensure that absent uniformed services voters and overseas voters are able to receive absentee ballots which they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office, which includes— 

ø(i) the steps the State will undertake to ensure 

that absent uniformed services voters and overseas 


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voters have time to receive, mark, and submit their 

ballots in time to have those ballots counted in the 

election; 

ø(ii) why the plan provides absent uniformed services voters and overseas voters sufficient time to vote 

as a substitute for the requirements under such subsection; and 

ø(iii) the underlying factual information which explains how the plan provides such sufficient time to 

vote as a substitute for such requirements. 

ø(2) APPROVAL OF WAIVER REQUEST.—After consulting with 

the Attorney General, the Presidential designee shall approve 

a waiver request under paragraph (1) if the Presidential designee determines each of the following requirements are met: 

ø(A) The comprehensive plan under subparagraph (D) of 

such paragraph provides absent uniformed services voters 

and overseas voters sufficient time to receive absentee ballots they have requested and submit marked absentee ballots to the appropriate State election official in time to 

have that ballot counted in the election for Federal office. 

ø(B) One or more of the following issues creates an 

undue hardship for the State: 

ø(i) The State’s primary election date prohibits the 

State from complying with subsection (a)(8)(A). 

ø(ii) The State has suffered a delay in generating 

ballots due to a legal contest. 

ø(iii) The State Constitution prohibits the State 

from complying with such subsection. 

ø(3) TIMING OF WAIVER.— ø(A) IN GENERAL.—Except as provided under subparagraph (B), a State that requests a waiver under paragraph 

(1) shall submit to the Presidential designee the written 

waiver request not later than 90 days before the election 

for Federal office with respect to which the request is submitted. The Presidential designee shall approve or deny 

the waiver request not later than 65 days before such election. 

ø(B) EXCEPTION.—If a State requests a waiver under 

paragraph (1) as the result of an undue hardship described 

in paragraph (2)(B)(ii), the State shall submit to the Presidential designee the written waiver request as soon as 

practicable. The Presidential designee shall approve or 

deny the waiver request not later than 5 business days 

after the date on which the request is received. 

ø(4) APPLICATION OF WAIVER.—A waiver approved under 

paragraph (2) shall only apply with respect to the election for 

Federal office for which the request was submitted. For each 

subsequent election for Federal office, the Presidential designee shall only approve a waiver if the State has submitted 

a request under paragraph (1) with respect to such election.¿ 

(g) REQUIRING USE OF EXPRESS DELIVERY IN CASE OF FAILURE

TO TRANSMIT BALLOTS WITHIN DEADLINES.— (1) TRANSMISSION OF BALLOT BY EXPRESS DELIVERY.—If a 

State fails to meet the requirement of subsection (a)(8)(A) to 

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formed services voter or overseas voter not later than 45 days 

before the election (in the case in which the request is received 

at least 45 days before the election)— 

(A) the State shall transmit the ballot to the voter by express delivery; or 

(B) in the case of a voter who has designated that absentee ballots be transmitted electronically in accordance with 

subsection (f)(1), the State shall transmit the ballot to the 

voter electronically. 

(2) SPECIAL RULE FOR TRANSMISSION FEWER THAN 40 DAYS

BEFORE THE ELECTION.—If, in carrying out paragraph (1), a 

State transmits an absentee ballot to an absent uniformed services voter or overseas voter fewer than 40 days before the election, the State shall enable the ballot to be returned by the voter 

by express delivery, except that in the case of an absentee ballot 

of an absent uniformed services voter for a regularly scheduled 

general election for Federal office, the State may satisfy the requirement of this paragraph by notifying the voter of the procedures for the collection and delivery of such ballots under section 103A. 

(h) TRACKING MARKED BALLOTS.—The chief State election official, in coordination with local election jurisdictions, shall develop 

a free access system by which an absent uniformed services voter 

or overseas voter may determine whether the absentee ballot of the 

absent uniformed services voter or overseas voter has been received 

by the appropriate State election official. 

(i) PROHIBITING REFUSAL TO ACCEPT APPLICATIONS FOR FAILURE

TO MEET CERTAIN REQUIREMENTS.—A State shall not refuse to accept and process any otherwise valid voter registration application 

or absentee ballot application (including the official post card form 

prescribed under section 101) or marked absentee ballot submitted 

in any manner by an absent uniformed services voter or overseas 

voter solely on the basis of the following: 

(1) Notarization requirements. 

(2) Restrictions on paper type, including weight and size. 

(3) Restrictions on envelope type, including weight and size. 

* * * * * * * 

øSEC. 104. PROHIBITION OF REFUSAL OF APPLICATIONS ON GROUNDS 

OF EARLY SUBMISSION. 

øA State may not refuse to accept or process, with respect to any 

election for Federal office, any otherwise valid voter registration 

application or absentee ballot application (including the postcard 

form prescribed under section 101) submitted by an absent uniformed services voter during a year on the grounds that the voter 

submitted the application before the first date on which the State 

otherwise accepts or processes such applications for that year submitted by absentee voters who are not members of the uniformed 

services. 

øSEC. 105. ENFORCEMENT. 

ø(a) IN GENERAL.—The Attorney General may bring civil action 

in an appropriate district court for such declaratory or injunctive 

relief as may be necessary to carry out this title. 

ø(b) REPORT TO CONGRESS.—Not later than December 31 of each 

year, the Attorney General shall submit to Congress an annual reVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00276 Fmt 6659 Sfmt 6601 E:\HR\OC\HR015P1.XXX HR015P1

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port on any civil action brought under subsection (a) during the 

preceding year.¿ 

SEC. 104. USE OF SINGLE APPLICATION FOR SUBSEQUENT ELECTIONS. 

(a) IN GENERAL.—If a State accepts and processes an official post 

card form (prescribed under section 101) submitted by an absent 

uniformed services voter or overseas voter for simultaneous voter 

registration and absentee ballot application (in accordance with section 102(a)(4)) and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for Federal office held in the State through the next regularly 

scheduled general election for Federal office (including any runoff 

elections which may occur as a result of the outcome of such general 

election), the State shall provide an absentee ballot to the voter for 

each such subsequent election. 

(b) EXCEPTION FOR VOTERS CHANGING REGISTRATION.—Subsection (a) shall not apply with respect to a voter registered to vote 

in a State for any election held after the voter notifies the State that 

the voter no longer wishes to be registered to vote in the State or 

after the State determines that the voter has registered to vote in another State or is otherwise no longer eligible to vote in the State. 

(c) PROHIBITION OF REFUSAL OF APPLICATION ON GROUNDS OF

EARLY SUBMISSION.—A State may not refuse to accept or to process, 

with respect to any election for Federal office, any otherwise valid 

voter registration application or absentee ballot application (including the postcard form prescribed under section 101) submitted by an 

absent uniformed services voter or overseas voter on the grounds 

that the voter submitted the application before the first date on 

which the State otherwise accepts or processes such applications for 

that election which are submitted by absentee voters who are not 

members of the uniformed services or overseas citizens. 

SEC. 105. ENFORCEMENT. 

(a) ACTION BY ATTORNEY GENERAL.— 

(1) IN GENERAL.—The Attorney General may bring civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. 

(2) PENALTY.—In a civil action brought under paragraph (1), 

if the court finds that the State violated any provision of this 

title, it may, to vindicate the public interest, assess a civil penalty against the State— 

(A) in an amount not to exceed $110,000 for each such 

violation, in the case of a first violation; or 

(B) in an amount not to exceed $220,000 for each such 

violation, for any subsequent violation. 

(3) REPORT TO CONGRESS.—Not later than December 31 of 

each year, the Attorney General shall submit to Congress an annual report on any civil action brought under paragraph (1) 

during the preceding year. 

(b) PRIVATE RIGHT OF ACTION.—A person who is aggrieved by a 

State’s violation of this title may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may 

be necessary to carry out this title. 

(c) STATE AS ONLY NECESSARY DEFENDANT.—In any action 

brought under this section, the only necessary party defendant is the 

State, and it shall not be a defense to any such action that a local 


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election official or a unit of local government is not named as a defendant, notwithstanding that a State has exercised the authority 

described in section 576 of the Military and Overseas Voter Empowerment Act to delegate to another jurisdiction in the State any 

duty or responsibility which is the subject of an action brought 

under this section. 

* * * * * * * 

FEDERAL ELECTION CAMPAIGN ACT OF 1971 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That this Act may 

be cited as the ‘‘Federal Election Campaign Act of 1971’’. 

* * * * * * * 

TITLE III—DISCLOSURE OF FEDERAL CAMPAIGN FUNDS 

DEFINITIONS

SEC. 301. When used in this Act: 

(1) The term ‘‘election’’ means— 

(A) a general, special, primary, or runoff election; 

(B) a convention or caucus of a political party which has authority to nominate a candidate; 

(C) a primary election held for the selection of delegates to 

a national nominating convention of a political party; and 

(D) a primary election held for the expression of a preference 

for the nomination of individuals for election to the office of 

President. 

(2) The term ‘‘candidate’’ means an individual who seeks nomination for election, or election, to Federal office, and for purposes of 

this paragraph, an individual shall be deemed to seek nomination 

for election, or election— 

(A) if such individual has received contributions aggregating 

in excess of $5,000 or has made expenditures aggregating in 

excess of $5,000; or 

(B) if such individual has given his or her consent to another 

person to receive contributions or make expenditures on behalf 

of such individual and if such person has received such contributions aggregating in excess of $5,000 or has made such expenditures aggregating in excess of $5,000. 

(3) The term ‘‘Federal office’’ means the office of President or 

Vice President, or of Senator or Representative in, or Delegate or 

Resident Commissioner to, the Congress. 

(4) The term ‘‘political committee’’ means— 

(A) any committee, club, association, or other group of persons which receives contributions aggregating in excess of 

$1,000 during a calendar year or which makes expenditures 

aggregating in excess of $1,000 during a calendar year; or 

(B) any separate segregated fund established under the provisions of section 316(b); or 

(C) any local committee of a political party which receives 

contributions aggregating in excess of $5,000 during a calendar 

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tribution or expenditure as defined in section 301 (8) and (9) 

aggregating in excess of $5,000 during a calendar year, or 

makes contributions aggregating in excess of $1,000 during a 

calendar year or makes expenditures aggregating in excess of 

$1,000 during a calendar year. 

(5) The term ‘‘principal campaign committee’’ means a political 

committee designated and authorized by a candidate under section 

302(e)(1). 

(6) The term ‘‘authorized committee’’ means the principal campaign committee or any other political committee authorized by a 

candidate under section 302(e)(1) to receive contributions or make 

expenditures on behalf of such candidate. 

(7) The term ‘‘connected organization’’ means any organization 

which is not a political committee but which directly or indirectly 

establishes, administers, or financially supports a political committee. 

(8)(A) The term ‘‘contribution’’ includes— 

(i) any gift, subscription, loan, advance, or deposit of money 

or anything of value made by any person for the purpose of influencing any election for Federal office; øor¿ 

(ii) the payment by any person of compensation for the personal services of another person which are rendered to a political committee without charge for any purposeø.¿; or 

(iii) any payment made by any person (other than a candidate, an authorized committee of a candidate, or a political committee of a political party) for a coordinated expenditure (as such term is defined in section 326) which is 

not otherwise treated as a contribution under clause (i) or 

clause (ii). 

(B) The term ‘‘contribution’’ does not include— 

(i) the value of services provided without compensation by 

any individual who volunteers on behalf of a candidate or political committee; 

(ii) the use of real or personal property, including a church 

or community room used on a regular basis by members of a 

community for noncommercial purposes, and the cost of invitations, food, and beverages, voluntarily provided by an individual to any candidate or any political committee of a political 

party in rendering voluntary personal services on the individual’s residential premises or in the church or community room 

for candidate-related or political party-related activities, to the 

extent that the cumulative value of such invitations, food, and 

beverages provided by such individual on behalf of any single 

candidate does not exceed $1,000 with respect to any single 

election, and on behalf of all political committees of a political 

party does not exceed $2,000 in any calendar year; 

(iii) the sale of any food or beverage by a vendor for use in 

any candidate’s campaign or for use by or on behalf of any political committee of a political party at a charge less than the 

normal comparable charge, if such charge is at least equal to 

the cost of such food or beverage to the vendor, to the extent 

that the cumulative value of such activity by such vendor on 

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mittees of a political party does not exceed $2,000 in any calendar year; 

(iv) any unreimbursed payment for travel expenses made by 

any individual on behalf of any candidate or any political committee of a political party, to the extent that the cumulative 

value of such activity by such individual on behalf of any single 

candidate does not exceed $1,000 with respect to any single 

election, and on behalf of all political committees of a political 

party does not exceed $2,000 in any calendar year; 

(v) the payment by a State or local committee of a political 

party of the costs of preparation, display, or mailing or other 

distribution incurred by such committee with respect to a 

printed slate card or sample ballot, or other printed listing, of 

3 or more candidates for any public office for which an election 

is held in the State in which such committee is organized, except that this clause shall not apply to any cost incurred by 

such committee with respect to a display of any such listing 

made øon broadcasting stations, or in newspapers, magazines, 

or similar types of general public political advertising¿ in any 

public communication; 

(vi) any payment made or obligation incurred by a corporation or a labor organization which, under section 316(b), would 

not constitute an expenditure by such corporation or labor organization; 

(vii) any loan of money by a State bank, a federally chartered depository institution, or a depository institution the deposits or accounts of which are insured by the Federal Deposit 

Insurance Corporation, Federal Savings and Loan Insurance 

Corporation, or the National Credit Union Administration, 

other than any overdraft made with respect to a checking or 

savings account, made in accordance with applicable law and 

in the ordinary course of business, but such loan— 

(I) shall be considered a loan by each endorser or guarantor, in that proportion of the unpaid balance that each 

endorser or guarantor bears to the total number of endorsers or guarantors; 

(II) shall be made on basis which assures repayment, 

evidenced by a written instrument, and subject to a due 

date or amortization schedule; and 

(III) shall bear the usual and customary interest rate of 

the lending institution; 

(viii) any legal or accounting services rendered to or on behalf of— 

(I) any political committee of a political party if the person paying for such services is the regular employer of the 

person rendering such services and if such services are not 

attributable to activities which directly further the election 

of any designated candidate to Federal office; or 

(II) an authorized committee of a candidate or any other 

political committee, if the person paying for such services 

is the regular employer of the individual rendering such 

services and if such services are solely for the purpose of 

ensuring compliance with this Act or chapter 95 or chapter 

96 of the Internal Revenue Code of 1954, 


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but amounts paid or incurred by the regular employer for such 

legal or accounting services shall be reported in accordance 

with section 304(b) by the committee receiving such services; 

(ix) the payment by a State or local committee of a political 

party of the costs of campaign materials (such as pins, bumper 

stickers, handbills, brochures, posters, party tabloids, and yard 

signs) used by such committee in connection with volunteer activities on behalf of nominees of such party: Provided, That— 

(1) such payments are not for the costs of campaign materials or activities used in connection with any øbroadcasting, newspaper, magazine, billboard, direct mail, or 

similar type of general public communication or political 

advertising¿ public communication; 

(2) such payments are made from contributions subject 

to the limitations and prohibitions of this Act; and 

(3) such payments are not made from contributions designated to be spent on behalf of a particular candidate or 

particular candidates; 

(x) the payment by a candidate, for nomination or election to 

any public office (including State or local office), or authorized 

committee of a candidate, of the costs of campaign materials 

which include information on or reference to any other candidate and which are used in connection with volunteer activities (including pins, bumper stickers, handbills, brochures, 

posters, and yard signs, øbut not including the use of broadcasting, newspapers, magazines, billboards, direct mail, or 

similar types of general public communication or political advertising¿ but not including use in any public communication): 

Provided, That such payments are made from contributions 

subject to the limitations and prohibitions of this Act; 

(xi) the payment by a State or local committee of a political 

party of the costs of voter registration and get-out-the-vote activities conducted by such committee on behalf of nominees of 

such party for President and Vice President: Provided, That— 

(1) such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or 

similar type of general public communication or political 

advertising; 

(2) such payments are made from contributions subject 

to the limitations and prohibitions of this Act; and 

(3) such payments are not made from contributions designated to be spent on behalf of a particular candidate or 

candidates; 

(xii) payments made by a candidate or the authorized committee of a candidate as a condition of ballot access and payments received by any political party committee as a condition 

of ballot access; 

(xiii) any honorarium (within the meaning of section 323 of 

this Act); and 

(xiv) any loan of money derived from an advance on a candidate’s brokerage account, credit card, home equity line of 

credit, or other line of credit available to the candidate, if such 


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loan is made in accordance with applicable law and under commercially reasonable terms and if the person making such loan 

makes loans derived from an advance on the candidate’s brokerage account, credit card, home equity line of credit, or other 

line of credit in the normal course of the person’s business. 

(9)(A) The term ‘‘expenditure’’ includes— 

(i) any purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, made by any person for the purpose of influencing any election for Federal office; and 

(ii) a written contract, promise, or agreement to make an expenditure. 

(B) The term ‘‘expenditure’’ does not include— 

ø(i) any news story, commentary, or editorial distributed 

through the facilities of any broadcasting station, newspaper, 

magazine, or other periodical publication, unless such facilities 

are owned or controlled by any political party, political committee, or candidate;¿ 

(i) any news story, commentary, or editorial distributed 

through the facilities of any broadcasting station or any print, 

online, or digital newspaper, magazine, blog, publication, or periodical, unless such broadcasting, print, online, or digital facilities are owned or controlled by any political party, political 

committee, or candidate; 

(ii) nonpartisan activity designed to encourage individuals to 

vote or to register to vote; 

(iii) any communication by any membership organization or 

corporation to its members, stockholders, or executive or administrative personnel, if such membership organization or 

corporation is not organized primarily for the purpose of influencing the nomination for election, or election, of any individual to Federal office, except that the costs incurred by a 

membership organization (including a labor organization) or by 

a corporation directly attributable to a communication expressly advocating the election or defeat of a clearly identified 

candidate (other than a communication primarily devoted to 

subjects other than the express advocacy of the election or defeat of a clearly identified candidate), shall, if such costs exceed 

$2,000 for any election, be reported to the Commission in accordance with section 304(a)(4)(A)(i), and in accordance with 

section 304(a)(4)(A)(ii) with respect to any general election; 

(iv) the payment by a State or local committee of a political 

party of the costs of preparation, display, or mailing or other 

distribution incurred by such committee with respect to a 

printed slate card or sample ballot, or other printed listing, of 

3 or more candidates for any public office for which an election 

is held in the State in which such committee is organized, except that this clause shall not apply to costs incurred by such 

committee with respect to a display of any such listing made 

øon broadcasting stations, or in newspapers, magazines, or 

similar types of general public political advertising¿ in any 

public communication; 

(v) any payment made or obligation incurred by a corporation or a labor organization which, under section 316(b), would 


dlhill on DSK3GLQ082PROD with HEARING
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not constitute an expenditure by such corporation or labor organization; 

(vi) any costs incurred by an authorized committee or candidate in connection with the solicitation of contributions on 

behalf of such candidate, except that this clause shall not apply 

with respect to costs incurred by an authorized committee of 

a candidate in excess of an amount equal to 20 percent of the 

expenditure limitation applicable to such candidate under section 315(b), but all such costs shall be reported in accordance 

with section 304(b); 

(vii) the payment of compensation for legal or accounting 

services— 

(I) rendered to or on behalf of any political committee of 

a political party if the person paying for such services is 

the regular employer of the individual rendering such services, and if such services are not attributable to activities 

which directly further the election of any designated candidate to Federal office; or 

(II) rendered to or on behalf of a candidate or political 

committee if the person paying for such services is the regular employer of the individual rendering such services, 

and if such services are solely for the purpose of ensuring 

compliance with this Act or chapter 95 or chapter 96 of the 

Internal Revenue Code of 1954, 

but amounts paid or incurred by the regular employer for such 

legal or accounting services shall be reported in accordance 

with section 304(b) by the committee receiving such services; 

(viii) the payment by a State or local committee of a political 

party of the costs of campaign materials (such as pins, bumper 

stickers, handbills, brochures, posters, party tabloids, and yard 

signs) used by such committee in connection with volunteer activities on behalf of nominees of such party: Provided, That— 

(1) such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or 

similar type of general public communication or political 

advertising; 

(2) such payments are made from contributions subject 

to the limitations and prohibitions of this Act; and 

(3) such payments are not made from contributions designated to be spent on behalf of a particular candidate or 

particular candidates; 

(ix) the payment by a State or local committee of a political 

party of the costs of voter registration and get-out-the-vote activities conducted by such committee on behalf of nominees of 

such party for President and Vice President: Provided, That— 

(1) such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or 

similar type of general public communication or political 

advertising; 

(2) such payments are made from contributions subject 

to the limitations and prohibitions of this Act; and 


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(3) such payments are not made from contributions designated to be spent on behalf of a particular candidate or 

candidates; and 

(x) payments received by a political party committee as a 

condition of ballot access which are transferred to another political party committee or the appropriate State official. 

(10) The term ‘‘Commission’’ means the Federal Election Commission. 

(11) The term ‘‘person’’ includes an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons, but such term does not include the 

Federal Government or any authority of the Federal Government. 

(12) The term ‘‘State’’ means a State of the United States, the 

District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. 

(13) The term ‘‘identification’’ means— 

(A) in the case of any individual, the name, the mailing address, and the occupation of such individual, as well as the 

name of his or her employer; and 

(B) in the case of any other person, the full name and address of such person. 

(14) The term ‘‘national committee’’ means the organization 

which, by virtue of the bylaws of a political party, is responsible 

for the day-to-day operation of such political party at the national 

level, as determined by the Commission. 

(15) The term ‘‘State committee’’ means the organization which, 

by virtue of the bylaws of a political party, is responsible for the 

day-to-day operation of such political party at the State level, as 

determined by the Commission. 

(16) The term ‘‘political party’’ means an association, committee, 

or organization which nominates a candidate for election to any 

Federal office whose name appears on the election ballot as the 

candidate of such association, committee, or organization. 

(17) INDEPENDENT EXPENDITURE.—The term ‘‘independent 

expenditure’’ means an expenditure by a person— 

(A) expressly advocating the election or defeat of a clearly identified candidate; and 

(B) that is not made in concert or cooperation with or at 

the request or suggestion of such candidate, the candidate’s authorized political committee, or their agents, or 

a political party committee or its agents. 

(18) The term ‘‘clearly identified’’ means that— 

(A) the name of the candidate involved appears; 

(B) a photograph or drawing of the candidate appears; or 

(C) the identity of the candidate is apparent by unambiguous 

reference. 

(19) The term ‘‘Act’’ means the Federal Election Campaign Act of 

1971 as amended. 

(20) FEDERAL ELECTION ACTIVITY.— 

(A) IN GENERAL.—The term ‘‘Federal election activity’’ 

means— 

(i) voter registration activity during the period that 

begins on the date that is 120 days before the date a 


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regularly scheduled Federal election is held and ends 

on the date of the election; 

(ii) voter identification, get-out-the-vote activity, or 

generic campaign activity conducted in connection 

with an election in which a candidate for Federal office appears on the ballot (regardless of whether a candidate for State or local office also appears on the ballot); 

(iii) a public communication that refers to a clearly 

identified candidate for Federal office (regardless of 

whether a candidate for State or local office is also 

mentioned or identified) and that promotes or supports a candidate for that office, or attacks or opposes 

a candidate for that office (regardless of whether the 

communication expressly advocates a vote for or 

against a candidate); or 

(iv) services provided during any month by an employee of a State, district, or local committee of a political party who spends more than 25 percent of that individual’s compensated time during that month on activities in connection with a Federal election. 

(B) EXCLUDED ACTIVITY.—The term ‘‘Federal election activity’’ does not include an amount expended or disbursed 

by a State, district, or local committee of a political party 

for— 

(i) a public communication that refers solely to a 

clearly identified candidate for State or local office, if 

the communication is not a Federal election activity 

described in subparagraph (A)(i) or (ii); 

(ii) a contribution to a candidate for State or local office, provided the contribution is not designated to pay 

for a Federal election activity described in subparagraph (A); 

(iii) the costs of a State, district, or local political 

convention; and 

(iv) the costs of grassroots campaign materials, including buttons, bumper stickers, and yard signs, that 

name or depict only a candidate for State or local office. 

(21) GENERIC CAMPAIGN ACTIVITY.—The term ‘‘generic campaign activity’’ means a campaign activity that promotes a political party and does not promote a candidate or non-Federal 

candidate. 

(22) PUBLIC COMMUNICATION.—The term ‘‘public communication’’ means a communication by means of any broadcast, 

cable, øor satellite communication¿ satellite, paid internet, or 

paid digital communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank to the general public, or any other form of general public political advertising. 

(23) MASS MAILING.—The term ‘‘mass mailing’’ means a mailing by United States mail or facsimile of more than 500 pieces 

of mail matter of an identical or substantially similar nature 

within any 30-day period. 


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(24) TELEPHONE BANK.—The term ‘‘telephone bank’’ means 

more than 500 telephone calls of an identical or substantially 

similar nature within any 30-day period. 

(25) ELECTION CYCLE.—For purposes of sections 315(i) and 

315A and paragraph (26), the term ‘‘election cycle’’ means the 

period beginning on the day after the date of the most recent 

election for the specific office or seat that a candidate is seeking and ending on the date of the next election for that office 

or seat. For purposes of the preceding sentence, a primary election and a general election shall be considered to be separate 

elections. 

(26) PERSONAL FUNDS.—The term ‘‘personal funds’’ means an 

amount that is derived from— 

(A) any asset that, under applicable State law, at the 

time the individual became a candidate, the candidate had 

legal right of access to or control over, and with respect to 

which the candidate had— 

(i) legal and rightful title; or 

(ii) an equitable interest; 

(B) income received during the current election cycle of 

the candidate, including— 

(i) a salary and other earned income from bona fide 

employment; 

(ii) dividends and proceeds from the sale of the candidate’s stocks or other investments; 

(iii) bequests to the candidate; 

(iv) income from trusts established before the beginning of the election cycle; 

(v) income from trusts established by bequest after 

the beginning of the election cycle of which the candidate is the beneficiary; 

(vi) gifts of a personal nature that had been customarily received by the candidate prior to the beginning 

of the election cycle; and 

(vii) proceeds from lotteries and similar legal games 

of chance; and 

(C) a portion of assets that are jointly owned by the candidate and the candidate’s spouse equal to the candidate’s 

share of the asset under the instrument of conveyance or 

ownership, but if no specific share is indicated by an instrument of conveyance or ownership, the value of 1⁄2 of 

the property. 

* * * * * * * 

REPORTS

SEC. 304. (a)(1) Each treasurer of a political committee shall file 

reports of receipts and disbursements in accordance with the provisions of this subsection. The treasurer shall sign each such report. 

(2) If the political committee is the principal campaign committee 

of a candidate for the House of Representatives or for the Senate— 

(A) in any calendar year during which there is regularly 

scheduled election for which such candidate is seeking election, 

or nomination for election, the treasurer shall file the following 

reports: 


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(i) a pre-election report, which shall be filed no later 

than the 12th day before (or posted by any of the following: 

registered mail, certified mail, priority mail having a delivery confirmation, or express mail having a delivery confirmation, or delivered to an overnight delivery service 

with an on-line tracking system, if posted or delivered no 

later than the 15th day before) any election in which such 

candidate is seeking election, or nomination for election, 

and which shall be complete as of the 20th day before such 

election; 

(ii) a post-general election report, which shall be filed no 

later than the 30th day after any general election in which 

such candidate has sought election, and which shall be 

complete as of the 20th day after such general election; 

and 

(iii) additional quarterly reports, which shall be filed no 

later than the 15th day after the last day of each calendar 

quarter, and which shall be complete as of the last day of 

each calendar quarter: except that the report for the quarter ending December 31 shall be filed no later than January 31 of the following calendar year; and 

(B) in any other calendar year the treasurer shall file quarterly reports, which shall be filed not later than the 15th day 

after the last day of each calendar quarter, and which shall be 

complete as of the last day of each calendar quarter, except 

that the report for the quarter ending December 31 shall be 

filed not later than January 31 of the following calendar year. 

(3) If the committee is the principal campaign committee of a 

candidate for the office of President— 

(A) in any calendar year during which a general election is 

held to fill such office— 

(i) the treasurer shall file monthly reports if such committee has on January 1 of such year, received contributions aggregating $100,000 or made expenditures aggregating $100,000 or anticipates receiving contributions aggregating $100,000 or more or making expenditures aggregating $100,000 or more during such year: such monthly 

reports shall be filed no later than the 20th day after the 

last day of each month and shall be complete as of the last 

day of the month, except that, in lieu of filing the report 

otherwise due in November and December, a pre-general 

election report shall be filed in accordance with paragraph 

(2)(A)(i), a post-general election report shall be filed in accordance with paragraph (2)(A)(ii), and a year end report 

shall be filed no later than January 31 of the following calendar year; 

(ii) the treasurer of the other principal campaign committees of a candidate for the office of President shall file 

a pre-election report or reports in accordance with paragraph (2)(A)(i), a post-general election report in accordance 

with paragraph (2)(A)(ii), and quarterly reports in accordance with paragraph (2)(A)(iii); and 

(iii) if at any time during the election year a committee 

filing under paragraph (3)(A)(ii) receives contributions in 

excess of $100,000 or makes expenditures in excess of 


dlhill on DSK3GLQ082PROD with HEARING
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$100,000, the treasurer shall begin filing monthly reports 

under paragraph (3)(A)(i) at the next reporting period; and 

(B) in any other calendar year, the treasurer shall file either— 

(i) monthly reports, which shall be filed no later than 

the 20th day after the last day of each month and shall be 

compete as of the last day of the month; or 

(ii) quarterly reports, which shall be filed no later than 

the 15th day after the last day of each calendar quarter 

and which shall be complete as of the last day of each calendar quarter. 

(4) All political committees other than authorized committees of 

a candidate shall file either— 

(A)(i) quarterly reports, in a calendar year in which a regularly scheduled general election is held, which shall be filed no 

later than the 15th day after the last day of each calendar 

quarter: except that the report for the quarter ending on December 31 of such calendar year shall be filed no later than 

January 31 of the following calendar year. 

(ii) a pre-election report, which shall be filed no later than 

the 12th day before (or posted by any of the following: registered mail, certified mail, priority mail having a delivery confirmation, or express mail having a delivery confirmation, or 

delivered to an overnight delivery service with an on-line 

tracking system, if posted or delivered no later than the 15th 

day before) any election in which the committee makes a contribution to or expenditure on behalf of a candidate in such 

election, and which shall be complete as of the 20th day before 

the election; 

(iii) a post-general election report, which shall be filed no 

later than the 30th day after the general election and which 

shall be complete as of the 20th day after such general election; and 

(iv) in any other calendar year, a report covering the period 

beginning January 1 and ending June 30, which shall be filed 

no later than July 31 and a report covering the period beginning July 1 and ending December 31, which shall be filed no 

later than January 31 of the following calendar year; or 

(B) monthly reports in all calendar years which shall be filed 

no later than the 20th day after the last day of the month and 

shall be complete as of the last day of the month, except that, 

in lieu of filing the reports otherwise due in November and December of any year in which a regularly scheduled general 

election is held, a pre-general election report shall be filed in 

accordance with paragraph (2)(A)(i), a post-general election report shall be filed in accordance with paragraph (2)(A)(ii), and 

a year end report shall be filed no later than January 31 of the 

following calendar year. 

Notwithstanding the preceding sentence, a national committee of a 

political party shall file the reports required under subparagraph 

(B). 

(5) If a designation, report, or statement filed pursuant to 

this Act (other than under paragraph (2)(A)(i) or (4)(A)(ii) or 

subsection (g)(1)) is sent by registered mail, certified mail, priority mail having a delivery confirmation, or express mail havVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00288 Fmt 6659 Sfmt 6601 E:\HR\OC\HR015P1.XXX HR015P1

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ing a delivery confirmation, the United States postmark shall 

be considered the date of filing the designation, report or statement. If a designation, report or statement filed pursuant to 

this Act (other than under paragraph (2)(A)(i) or (4)(A)(ii), or 

subsection (g)(1)) is sent by an overnight delivery service with 

an on-line tracking system, the date on the proof of delivery to 

the delivery service shall be considered the date of filing of the 

designation, report, or statement. 

(6)(A) The principal campaign committee of a candidate shall notify the Secretary or the Commission, and the Secretary of State, 

as appropriate, in writing, of any contribution of $1,000 or more received by any authorized committee of such candidate after the 

20th day, but more than 48 hours before, any election. This notification shall be made within 48 hours after the receipt of such contribution and shall include the name of the candidate and the office 

sought by the candidate, the identification of the contributor, and 

the date of receipt and amount of the contribution. 

(B) NOTIFICATION OF EXPENDITURE FROM PERSONAL FUNDS.— (i) DEFINITION OF EXPENDITURE FROM PERSONAL FUNDS.—In 

this subparagraph, the term ‘‘expenditure from personal funds’’ 

means— 

(I) an expenditure made by a candidate using personal 

funds; and 

(II) a contribution or loan made by a candidate using 

personal funds or a loan secured using such funds to the 

candidate’s authorized committee. 

(ii) DECLARATION OF INTENT.—Not later than the date that 

is 15 days after the date on which an individual becomes a 

candidate for the office of Senator, the candidate shall file a 

declaration stating the total amount of expenditures from personal funds that the candidate intends to make, or to obligate 

to make, with respect to the election that will exceed the Stateby-State competitive and fair campaign formula with— 

(I) the Commission; and 

(II) each candidate in the same election. 

(iii) INITIAL NOTIFICATION.—Not later than 24 hours after a 

candidate described in clause (ii) makes or obligates to make 

an aggregate amount of expenditures from personal funds in 

excess of 2 times the threshold amount in connection with any 

election, the candidate shall file a notification with— 

(I) the Commission; and 

(II) each candidate in the same election. 

(iv) ADDITIONAL NOTIFICATION.—After a candidate files an 

initial notification under clause (iii), the candidate shall file an 

additional notification each time expenditures from personal 

funds are made or obligated to be made in an aggregate 

amount that exceed $10,000 with— 

(I) the Commission; and 

(II) each candidate in the same election. 

Such notification shall be filed not later than 24 hours after 

the expenditure is made. 

(v) CONTENTS.—A notification under clause (iii) or (iv) shall 

include— 

(I) the name of the candidate and the office sought by 

the candidate; 


dlhill on DSK3GLQ082PROD with HEARING
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(II) the date and amount of each expenditure; and 

(III) the total amount of expenditures from personal 

funds that the candidate has made, or obligated to make, 

with respect to an election as of the date of the expenditure that is the subject of the notification. 

(C) NOTIFICATION OF DISPOSAL OF EXCESS CONTRIBUTIONS.—In 

the next regularly scheduled report after the date of the election 

for which a candidate seeks nomination for election to, or election 

to, Federal office, the candidate or the candidate’s authorized committee shall submit to the Commission a report indicating the 

source and amount of any excess contributions (as determined 

under paragraph (1) of section 315(i)) and the manner in which the 

candidate or the candidate’s authorized committee used such funds. 

(D) ENFORCEMENT.—For provisions providing for the enforcement 

of the reporting requirements under this paragraph, see section 

309. 

(E) The notification required under this paragraph shall be in addition to all other reporting requirements under this Act. 

(7) The reports required to be filed by this subsection shall be cumulative during the calendar year to which they relate, but where 

there has been no change in an item reported in a previous report 

during such year, only the amount need be carried forward. 

(8) The requirement for a political committee to file a quarterly 

report under paragraph (2)(A)(iii) or paragraph (4)(A)(i) shall be 

waived if such committee is required to file a pre-election report 

under paragraph (2)(A)(i), or paragraph (4)(A)(ii) during the period 

beginning on the 5th day after the close of the calendar quarter 

and ending on the 15th day after the close of the calendar quarter. 

(9) The Commission shall set filing dates for reports to be filed 

by principal campaign committees of candidates seeking election, or 

nomination for election, in special elections and political committees filing under paragraph (4)(A) which make contributions to or 

expenditures on behalf of a candidate or candidates in special elections. The Commission shall require no more than one pre-election 

report for each election and one post-election report for the election 

which fills the vacancy. The Commission may waive any reporting 

obligation of committees required to file for special elections if any 

report required by paragraph (2) or (4) is required to be filed within 10 days of a report required under this subsection. The Commission shall establish the reporting dates within 5 days of the setting 

of such election and shall publish such dates and notify the principal campaign committees of all candidates in such election of the 

reporting dates. 

(10) The treasurer of a committee supporting a candidate for the 

office of Vice President (other than the nominee of a political party) 

shall file reports in accordance with paragraph (3). 

(11)(A) The Commission shall promulgate a regulation under 

which a person required to file a designation, statement, or report 

under this Act— 

(i) is required to maintain and file a designation, statement, 

or report for any calendar year in electronic form accessible by 

computers if the person has, or has reason to expect to have, 

aggregate contributions or expenditures in excess of a threshold amount determined by the Commission; and 


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(ii) may maintain and file a designation, statement, or report 

in electronic form or an alternative form if not required to do 

so under the regulation promulgated under clause (i). 

(B) The Commission shall make a designation, statement, report, 

or notification that is filed with the Commission under this Act 

available for inspection by the public in the offices of the Commission and accessible to the public on the Internet not later than 48 

hours (or not later than 24 hours in the case of a designation, 

statement, report, or notification filed electronically) after receipt 

by the Commission. 

(C) In promulgating a regulation under this paragraph, the Commission shall provide methods (other than requiring a signature on 

the document being filed) for verifying designations, statements, 

and reports covered by the regulation. Any document verified 

under any of the methods shall be treated for all purposes (including penalties for perjury) in the same manner as a document 

verified by signature. 

(D) As used in this paragraph, the term ‘‘report’’ means, with respect to the Commission, a report, designation, or statement required by this Act to be filed with the Commission. 

(12) SOFTWARE FOR FILING OF REPORTS.— 

(A) IN GENERAL.—The Commission shall— 

(i) promulgate standards to be used by vendors to 

develop software that— 

(I) permits candidates to easily record information concerning receipts and disbursements required to be reported under this Act at the time 

of the receipt or disbursement; 

(II) allows the information recorded under subclause (I) to be transmitted immediately to the 

Commission; and 

(III) allows the Commission to post the information on the Internet immediately upon receipt; 

and 

(ii) make a copy of software that meets the standards promulgated under clause (i) available to each 

person required to file a designation, statement, or report in electronic form under this Act. 

(B) ADDITIONAL INFORMATION.—To the extent feasible, 

the Commission shall require vendors to include in the 

software developed under the standards under subparagraph (A) the ability for any person to file any designation, 

statement, or report required under this Act in electronic 

form. 

(C) REQUIRED USE.—Notwithstanding any provision of 

this Act relating to times for filing reports, each candidate 

for Federal office (or that candidate’s authorized committee) shall use software that meets the standards promulgated under this paragraph once such software is 

made available to such candidate. 

(D) REQUIRED POSTING.—The Commission shall, as soon 

as practicable, post on the Internet any information received under this paragraph. 

(b) Each report under this section shall disclose— 


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(1) the amount of cash on hand at the beginning of the reporting period; 

(2) for the reporting period and the calendar year (or election 

cycle, in the case of an authorized committee of a candidate for 

Federal office), the total amount of all receipts, and the total 

amount of all receipts in the following categories: 

(A) contributions from persons other than political committees; 

(B) for an authorized committee, contributions from the 

candidate; 

(C) contributions from political party committees; 

(D) contributions from other political committees; 

(E) for an authorized committee, transfers from other 

authorized committees of the same candidate; 

(F) transfers from affiliated committees and, where the 

reporting committee is a political party committee, transfers from other political party committees, regardless of 

whether such committees are affiliated; 

(G) for an authorized committee, loans made by or guaranteed by the candidate; 

(H) all other loans; 

(I) rebates, refunds, and other offsets to operating expenditures; 

(J) dividends, interest, and other forms of receipts; and 

(K) for an authorized committee of a candidate for the 

office of President, Federal funds received under chapter 

95 and chapter 96 of the Internal Revenue Code of 1954; 

(3) the identification of each— 

(A) person (other than a political committee) who makes 

a contribution to the reporting committee during the reporting period, whose contribution or contributions have 

an aggregate amount or value in excess of $200 within the 

calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office), or in any 

lesser amount if the reporting committee should so elect, 

together with the date and amount of any such contribution; 

(B) political committee which makes a contribution to 

the reporting committee during the reporting period, together with the date and amount of any such contribution; 

(C) authorized committee which makes a transfer to the 

reporting committee; 

(D) affiliated committee which makes a transfer to the 

reporting committee during the reporting period and, 

where the reporting committee is a political party committee, each transfer of funds to the reporting committee 

from another political party committee, regardless of 

whether such committees are affiliated, together with the 

date and amount of such transfer; 

(E) person who makes a loan to the reporting committee 

during the reporting period, together with the identification of any endorser or guarantor of such loan, and the 

date and amount or value of such loan; 

(F) person who provides a rebate, refund, or other offset 

to operating expenditures to the reporting committee in an 


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aggregate amount or value in excess of $200 within the 

calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office), together 

with the date and amount of such receipt; and 

(G) person who provides any dividend, interest, or other 

receipt to the reporting committee in an aggregate value 

or amount in excess of $200 within the calendar year (or 

election cycle, in the case of an authorized committee of a 

candidate for Federal office), together with the date and 

amount of any such receipt; 

(4) for the reporting period and the calendar year (or election 

cycle, in the case of an authorized committee of a candidate for 

Federal office), the total amount of all disbursements, and all 

disbursements in the following categories: 

(A) expenditures made to meet candidate or committee 

operating expenses; 

(B) for authorized committees, transfers to other committees authorized by the same candidate; 

(C) transfers to affiliated committees and, where the reporting committee is a political party committee, transfers 

to other political party committees, regardless of whether 

they are affiliated; 

(D) for an authorized committee, repayment of loans 

made by or guaranteed by the candidate; 

(E) repayment of all other loans; 

(F) contribution refunds and other offsets to contributions; 

(G) for an authorized committee, any other disbursements; 

(H) for any political committee other than an authorized 

committee— 

(i) contributions made to other political committees; 

(ii) loans made by the reporting committees; 

(iii) independent expenditures; 

(iv) expenditures made under section 315(d) of this 

Act; and 

(v) any other disbursements; and 

(I) for an authorized committee of a candidate for the office of President, disbursements not subject to the limitation of section 315(b); 

(5) the name and address of each— 

(A) person to whom an expenditure in an aggregate 

amount or value in excess of $200 within the calendar year 

is made by the reporting committee to meet a candidate or 

committee operating expense, together with the date, 

amount, and purpose of such operating expenditure; 

(B) authorized committee to which a transfer is made by 

the reporting committee; 

(C) affiliated committee to which a transfer is made by 

the reporting committee during the reporting period and, 

where the reporting committee is a political party committee, each transfer of funds by the reporting committee 

to another political party committee, regardless of whether 

such committees are affiliated, together with the date and 

amount of such transfers; 


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(D) person who receives a loan repayment from the reporting committee during the reporting period, together 

with the date and amount of such loan repayment; and 

(E) person who receives a contribution refund or other 

offset to contributions from the reporting committee where 

such contribution was reported under paragraph (3)(A) of 

this subsection, together with the date and amount of such 

disbursement; 

(6)(A) for an authorized committee, the name and address of 

each person who has received any disbursement not disclosed 

under paragraph (5) in an aggregate amount or value in excess 

of $200 within the calendar year (or election cycle, in the case 

of an authorized committee of a candidate for Federal office), 

together with the date and amount of any such disbursement; 

(B) for any other political committee, the name and address 

of each— 

(i) political committee which has received a contribution 

from the reporting committee during the reporting period, 

together with the date and amount of any such contribution; 

(ii) person who has received a loan from the reporting 

committee during the reporting period, together with the 

date and amount of such loan; 

(iii) person who receives any disbursement during the 

reporting period in an aggregate amount or value in excess 

of $200 within the calendar year (or election cycle, in the 

case of an authorized committee of a candidate for Federal 

office) in connection with an independent expenditure by 

the reporting committee, together with the date, amount, 

and purpose of any such independent expenditure and a 

statement which indicates whether such independent expenditure is in support of, or in opposition to, a candidate, 

as well as the name and office sought by such candidate, 

and a certification, under penalty of perjury, whether such 

independent expenditure is made in cooperation, consultation, or concert, with, or at the request or suggestion of, 

any candidate or any authorized committee or agent of 

such committee; 

(iv) person who receives any expenditure from the reporting committee during the reporting period in connection with an expenditure under section 315(d) in the Act, 

together with the date, amount, and purpose of any such 

expenditure as well as the name of, and office sought by, 

the candidate on whose behalf the expenditure is made; 

and 

(v) person who has received any disbursement not otherwise disclosed in this paragraph or paragraph (5) in an aggregate amount or value in excess of $200 within the calendar year (or election cycle, in the case of an authorized 

committee of a candidate for Federal office) from the reporting committee within the reporting period, together 

with the date, amount, and purpose of any such disbursement; 

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tributions and the total sum of all operating expenditures 

made by such political committee, together with total operating 

expenditures less offsets to operating expenditures, for both 

the reporting period and the calendar year (or election cycle, 

in the case of an authorized committee of a candidate for Federal office); øand¿ 

(8) the amount and nature of outstanding debts and obligations owed by or to such political committee; and where such 

debts and obligations are settled for less than their reported 

amount or value, a statement as to the circumstances and conditions under which such debts or obligations were extinguished and the consideration thereforø.¿; and 

(9) if any person identified in subparagraph (A), (E), (F), or 

(G) of paragraph (3) is a registered lobbyist under the Lobbying 

Disclosure Act of 1995, a separate statement that such person 

is a registered lobbyist under such Act. 

(c)(1) Every person (other than a political committee) who makes 

independent expenditures in an aggregate amount or value in excess of $250 during a calendar year shall file a statement containing the information required under subsection (b)(3)(A) for all 

contributions received by such person. 

(2) Statements required to be filed by this subsection shall be 

filed in accordance with subsection (a)(2), and shall include— 

(A) the information required by subsection (b)(6)(B)(iii), indicating whether the independent expenditure is in support of, 

or in opposition to, the candidate involved; 

(B) under penalty of perjury, a certification whether or not 

such independent expenditure is made in cooperation, consultation, or concert, with, or at the request or suggestion of, 

any candidate or any authorized committee or agent of such 

candidate; øand¿ 

(C) the identification of each person who made a contribution in excess of $200 to the person filing such statement which was 

made for the purpose of furthering an independent 

expenditureø.¿; and 

(D) if the person filing the statement, or a person whose identification is required to be disclosed under subparagraph (C), is 

a registered lobbyist under the Lobbying Disclosure Act of 1995, 

a separate statement that such person is a registered lobbyist 

under such Act. 

(3) The Commission shall be responsible for expeditiously preparing indices which set forth, on a candidate-by-candidate basis, 

all independent expenditures separately, including those reported 

under subsection (b)(6)(B)(iii), made by or for each candidate, as reported under this subsection, and for periodically publishing such 

indices on a timely pre-election basis. 

(d)(1) Any person who is required to file a statement under subsection (c) or (g) of this section, except statements required to be 

filed electronically pursuant to subsection (a)(11)(A)(i) may file the 

statement by facsimile device or electronic mail, in accordance with 

such regulations as the Commission may promulgate. 

(2) The Commission shall make a document which is filed electronically with the Commission pursuant to this paragraph accessible to the public on the Internet not later than 24 hours after the 

document is received by the Commission. 


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(3) In promulgating a regulation under this paragraph, the Commission shall provide methods (other than requiring a signature on 

the document being filed) for verifying the documents covered by 

the regulation. Any document verified under any of the methods 

shall be treated for all purposes (including penalties for perjury) in 

the same manner as a document verified by signature. 

(e) POLITICAL COMMITTEES.— 

(1) NATIONAL AND CONGRESSIONAL POLITICAL COMMITTEES.— 

The national committee of a political party, any national congressional campaign committee of a political party, and any 

subordinate committee of either, shall report all receipts and 

disbursements during the reporting period. 

(2) OTHER POLITICAL COMMITTEES TO WHICH SECTION 323 APPLIES.— 

(A) IN GENERAL.—In addition to any other reporting requirements applicable under this Act, a political committee 

(not described in paragraph (1)) to which section 323(b)(1) 

applies shall report all receipts and disbursements made 

for activities described in section 301(20)(A), unless the aggregate amount of such receipts and disbursements during 

the calendar year is less than $5,000. 

(B) SPECIFIC DISCLOSURE BY STATE AND LOCAL PARTIES

OF CERTAIN NON-FEDERAL AMOUNTS PERMITTED TO BE

SPENT ON FEDERAL ELECTION ACTIVITY.—Each report by a 

political committee under subparagraph (A) of receipts and 

disbursements made for activities described in section 

301(20)(A) shall include a disclosure of all receipts and disbursements described in section 323(b)(2)(A) and (B). 

(3) ITEMIZATION.—If a political committee has receipts or disbursements to which this subsection applies from or to any 

person aggregating in excess of $200 for any calendar year, the 

political committee shall separately itemize its reporting for 

such person in the same manner as required in paragraphs 

(3)(A), (5), and (6) of subsection (b). 

(4) REPORTING PERIODS.—Reports required to be filed under 

this subsection shall be filed for the same time periods required for political committees under subsection (a)(4)(B). 

(f) DISCLOSURE OF ELECTIONEERING COMMUNICATIONS.— 

(1) STATEMENT REQUIRED.—Every person who makes a disbursement for the direct costs of producing and airing electioneering communications in an aggregate amount in excess of 

$10,000 during any calendar year shall, within 24 hours of 

each disclosure date, file with the Commission a statement 

containing the information described in paragraph (2). 

(2) CONTENTS OF STATEMENT.—Each statement required to 

be filed under this subsection shall be made under penalty of 

perjury and shall contain the following information: 

(A) The identification of the person making the disbursement, of any person sharing or exercising direction or control over the activities of such person, and of the custodian 

of the books and accounts of the person making the disbursement. 

(B) The principal place of business of the person making 

the disbursement, if not an individual. 


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(C) The amount of each disbursement of more than $200 

during the period covered by the statement and the identification of the person to whom the disbursement was 

made. 

(D) The elections to which the electioneering communications pertain and the names (if known) of the candidates 

identified or to be identified. 

(E) If the disbursements were paid out of a segregated 

bank account which consists of funds contributed solely by 

individuals who are United States citizens or nationals or 

lawfully admitted for permanent residence (as defined in 

section 101(a)(20) of the Immigration and Nationality Act 

(8 U.S.C. 1101(a)(20))) directly to this account for electioneering communications, the names and addresses of all 

contributors who contributed an aggregate amount of 

$1,000 or more to that account during the period beginning 

on the first day of the preceding calendar year and ending 

on the disclosure date. Nothing in this subparagraph is to 

be construed as a prohibition on the use of funds in such 

a segregated account for a purpose other than electioneering communications. 

(F) If the disbursements were paid out of funds not described in subparagraph (E), the names and addresses of 

all contributors who contributed an aggregate amount of 

$1,000 or more to the person making the disbursement 

during the period beginning on the first day of the preceding calendar year and ending on the disclosure date. 

(G) If the person making the disbursement, or a contributor described in subparagraph (E) or (F), is a registered 

lobbyist under the Lobbying Disclosure Act of 1995, a separate statement that such person or contributor is a registered lobbyist under such Act. 

(3) ELECTIONEERING COMMUNICATION.—For purposes of this 

subsection— 

(A) IN GENERAL.—(i) The term ‘‘electioneering communication’’ means any broadcast, cable, øor satellite communication¿ satellite, or qualified internet or digital communication which— 

(I) refers to a clearly identified candidate for Federal 

office; 

(II) is made within— 

(aa) 60 days before a general, special, or runoff 

election for the office sought by the candidate; or 

(bb) 30 days before a primary or preference election, or a convention or caucus of a political party 

that has authority to nominate a candidate, for 

the office sought by the candidate; and 

(III) in the case of a any broadcast, cable, or satellite 

communication which refers to a candidate for an office other than President or Vice President, is targeted 

to the relevant electorate. 

(ii) If clause (i) is held to be constitutionally insufficient 

by final judicial decision to support the regulation provided 

herein, then the term ‘‘electioneering communication’’ 

means any broadcast, cable, øor satellite communication¿ 


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satellite, or qualified internet or digital communication 

which promotes or supports a candidate for that office, or 

attacks or opposes a candidate for that office (regardless of 

whether the communication expressly advocates a vote for 

or against a candidate) and which also is suggestive of no 

plausible meaning other than an exhortation to vote for or 

against a specific candidate. Nothing in this subparagraph 

shall be construed to affect the interpretation or application of section 100.22(b) of title 11, Code of Federal Regulations. 

(B) EXCEPTIONS.—The term ‘‘electioneering communication’’ does not include— 

ø(i) a communication appearing in a news story, 

commentary, or editorial distributed through the facilities of any broadcasting station, unless such facilities are owned or controlled by any political party, political committee, or candidate;¿ 

(i) a communication appearing in a news story, commentary, or editorial distributed through the facilities 

of any broadcasting station or any online or digital 

newspaper, magazine, blog, publication, or periodical, 

unless such broadcasting, online, or digital facilities 

are owned or controlled by any political party, political 

committee, or candidate; 

(ii) a communication which constitutes an expenditure or an independent expenditure under this Act; 

(iii) a communication which constitutes a candidate 

debate or forum conducted pursuant to regulations 

adopted by the Commission, or which solely promotes 

such a debate or forum and is made by or on behalf 

of the person sponsoring the debate or forum; or 

(iv) any other communication exempted under such 

regulations as the Commission may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate implementation of this paragraph, except that under any such regulation a communication may not be exempted if it meets the requirements of this paragraph and is described in section 301(20)(A)(iii). 

(C) TARGETING TO RELEVANT ELECTORATE.—For purposes 

of this paragraph, a communication which refers to a 

clearly identified candidate for Federal office is ‘‘targeted 

to the relevant electorate’’ if the communication can be received by 50,000 or more persons— 

(i) in the district the candidate seeks to represent, 

in the case of a candidate for Representative in, or 

Delegate or Resident Commissioner to, the Congress; 

or 

(ii) in the State the candidate seeks to represent, in 

the case of a candidate for Senator. 

(D) QUALIFIED INTERNET OR DIGITAL COMMUNICATION.— 

The term ‘‘qualified internet or digital communication’’ 

means any communication which is placed or promoted for 

a fee on an online platform (as defined in subsection (j)(3)). 


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(4) DISCLOSURE DATE.—For purposes of this subsection, the 

term ‘‘disclosure date’’ means— 

(A) the first date during any calendar year by which a 

person has made disbursements for the direct costs of producing or airing electioneering communications aggregating in excess of $10,000; and 

(B) any other date during such calendar year by which 

a person has made disbursements for the direct costs of 

producing or airing electioneering communications aggregating in excess of $10,000 since the most recent disclosure 

date for such calendar year. 

(5) CONTRACTS TO DISBURSE.—For purposes of this subsection, a person shall be treated as having made a disbursement if the person has executed a contract to make the disbursement. 

(6) COORDINATION WITH OTHER REQUIREMENTS.—øAny requirement¿ Except as provided in section 324(b), any requirement to report under this subsection shall be in addition to any 

other reporting requirement under this Act. 

(7) COORDINATION WITH INTERNAL REVENUE CODE.—Nothing 

in this subsection may be construed to establish, modify, or 

otherwise affect the definition of political activities or electioneering activities (including the definition of participating in, intervening in, or influencing or attempting to influence a political campaign on behalf of or in opposition to any candidate for 

public office) for purposes of the Internal Revenue Code of 

1986. 

(g) TIME FOR REPORTING CERTAIN EXPENDITURES.— 

(1) EXPENDITURES AGGREGATING $1,000.— 

(A) INITIAL REPORT.—A person (including a political committee) that makes or contracts to make independent expenditures aggregating $1,000 or more after the 20th day, 

but more than 24 hours, before the date of an election 

shall file a report describing the expenditures within 24 

hours. 

(B) ADDITIONAL REPORTS.—After a person files a report 

under subparagraph (A), the person shall file an additional 

report within 24 hours after each time the person makes 

or contracts to make independent expenditures aggregating an additional $1,000 with respect to the same election as that to which the initial report relates. 

(2) EXPENDITURES AGGREGATING $10,000.— 

(A) INITIAL REPORT.—A person (including a political committee) that makes or contracts to make independent expenditures aggregating $10,000 or more at any time up to 

and including the 20th day before the date of an election 

shall file a report describing the expenditures within 48 

hours. 

(B) ADDITIONAL REPORTS.—After a person files a report 

under subparagraph (A), the person shall file an additional 

report within 48 hours after each time the person makes 

or contracts to make independent expenditures aggregating an additional $10,000 with respect to the same election as that to which the initial report relates. 


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(3) PLACE OF FILING; CONTENTS.—A report under this subsection— 

(A) shall be filed with the Commission; and 

(B) shall contain the information required by subsection 

(b)(6)(B)(iii), including the name of each candidate whom 

an expenditure is intended to support or oppose. 

(4) TIME OF FILING FOR EXPENDITURES AGGREGATING $1,000.— Notwithstanding subsection (a)(5), the time at which the statement under paragraph (1) is received by the Commission or 

any other recipient to whom the notification is required to be 

sent shall be considered the time of filing of the statement with 

the recipient. 

ø(h) REPORTS FROM INAUGURAL COMMITTEES.—The Federal Election Commission shall make any report filed by an Inaugural Committee under section 510 of title 36, United States Code, accessible 

to the public at the offices of the Commission and on the Internet 

not later than 48 hours after the report is received by the Commission.¿ 

ø(i)¿ (h) DISCLOSURE OF BUNDLED CONTRIBUTIONS.— (1) REQUIRED DISCLOSURE.—Each committee described in 

paragraph (6) shall include in the first report required to be 

filed under this section after each covered period (as defined in 

paragraph (2)) a separate schedule setting forth the name, address, and employer of each person reasonably known by the 

committee to be a person described in paragraph (7) who provided 2 or more bundled contributions to the committee in an 

aggregate amount greater than the applicable threshold (as defined in paragraph (3)) during the covered period, and the aggregate amount of the bundled contributions provided by each 

such person during the covered period. 

(2) COVERED PERIOD.—In this subsection, a ‘‘covered period’’ 

means, with respect to a committee— 

(A) the period beginning January 1 and ending June 30 

of each year; 

(B) the period beginning July 1 and ending December 31 

of each year; and 

(C) any reporting period applicable to the committee 

under this section during which any person described in 

paragraph (7) provided 2 or more bundled contributions to 

the committee in an aggregate amount greater than the 

applicable threshold. 

(3) APPLICABLE THRESHOLD.— 

(A) IN GENERAL.—In this subsection, the ‘‘applicable 

threshold’’ is $15,000, except that in determining whether 

the amount of bundled contributions provided to a committee by a person described in paragraph (7) exceeds the 

applicable threshold, there shall be excluded any contribution made to the committee by the person or the person’s 

spouse. 

(B) INDEXING.—In any calendar year after 2007, section 

315(c)(1)(B) shall apply to the amount applicable under 

subparagraph (A) in the same manner as such section applies to the limitations established under subsections 

(a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except 

that for purposes of applying such section to the amount 


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applicable under subparagraph (A), the ‘‘base period’’ shall 

be 2006. 

(4) PUBLIC AVAILABILITY.—The Commission shall ensure 

that, to the greatest extent practicable— 

(A) information required to be disclosed under this subsection is publicly available through the Commission 

website in a manner that is searchable, sortable, and 

downloadable; and 

(B) the Commission’s public database containing information disclosed under this subsection is linked electronically to the websites maintained by the Secretary of the 

Senate and the Clerk of the House of Representatives containing information filed pursuant to the Lobbying Disclosure Act of 1995. 

(5) REGULATIONS.—Not later than 6 months after the date of 

enactment of the Honest Leadership and Open Government 

Act of 2007, the Commission shall promulgate regulations to 

implement this subsection. Under such regulations, the Commission— 

(A) may, notwithstanding paragraphs (1) and (2), provide for quarterly filing of the schedule described in paragraph (1) by a committee which files reports under this 

section more frequently than on a quarterly basis; 

(B) shall provide guidance to committees with respect to 

whether a person is reasonably known by a committee to 

be a person described in paragraph (7), which shall include 

a requirement that committees consult the websites maintained by the Secretary of the Senate and the Clerk of the 

House of Representatives containing information filed pursuant to the Lobbying Disclosure Act of 1995; 

(C) may not exempt the activity of a person described in 

paragraph (7) from disclosure under this subsection on the 

grounds that the person is authorized to engage in fundraising for the committee or any other similar grounds; 

and 

(D) shall provide for the broadest possible disclosure of 

activities described in this subsection by persons described 

in paragraph (7) that is consistent with this subsection. 

(6) COMMITTEES DESCRIBED.—A committee described in this 

paragraph is an authorized committee of a candidate, a leadership PAC, or a political party committee. 

(7) PERSONS DESCRIBED.—A person described in this paragraph is any person, who, at the time a contribution is forwarded to a committee as described in paragraph (8)(A)(i) or 

is received by a committee as described in paragraph (8)(A)(ii), 

is— 

(A) a current registrant under section 4(a) of the Lobbying Disclosure Act of 1995; 

(B) an individual who is listed on a current registration 

filed under section 4(b)(6) of such Act or a current report 

under section 5(b)(2)(C) of such Act; or 

(C) a political committee established or controlled by 

such a registrant or individual. 

(8) DEFINITIONS.—For purposes of this subsection, the following definitions apply: 


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(A) BUNDLED CONTRIBUTION.—The term ‘‘bundled contribution’’ means, with respect to a committee described in 

paragraph (6) and a person described in paragraph (7), a 

contribution (subject to the applicable threshold) which 

is— 

(i) forwarded from the contributor or contributors to 

the committee by the person; or 

(ii) received by the committee from a contributor or 

contributors, but credited by the committee or candidate involved (or, in the case of a leadership PAC, 

by the individual referred to in subparagraph (B) involved) to the person through records, designations, or 

other means of recognizing that a certain amount of 

money has been raised by the person. 

(B) LEADERSHIP PAC.—The term ‘‘leadership PAC’’ 

means, with respect to a candidate for election to Federal 

office or an individual holding Federal office, a political 

committee that is directly or indirectly established, financed, maintained or controlled by the candidate or the 

individual but which is not an authorized committee of the 

candidate or individual and which is not affiliated with an 

authorized committee of the candidate or individual, except that such term does not include a political committee 

of a political party. 

(j) DISCLOSURE OF CERTAIN ONLINE ADVERTISEMENTS.— (1) IN GENERAL.— (A) REQUIREMENTS FOR ONLINE PLATFORMS.—An online 

platform shall maintain, and make available for online 

public inspection in machine readable format, a complete 

record of any request to purchase on such online platform 

a qualified political advertisement which is made by a person whose aggregate requests to purchase qualified political 

advertisements on such online platform during the calendar year exceeds $500. 

(B) REQUIREMENTS FOR ADVERTISERS.—Any person who 

requests to purchase a qualified political advertisement on 

an online platform shall provide the online platform with 

such information as is necessary for the online platform to 

comply with the requirements of subparagraph (A). 

(2) CONTENTS OF RECORD.—A record maintained under paragraph (1)(A) shall contain— 

(A) a digital copy of the qualified political advertisement; 

(B) a description of the audience targeted by the advertisement, the number of views generated from the advertisement, and the date and time that the advertisement is first 

displayed and last displayed; and 

(C) information regarding— 

(i) the average rate charged for the advertisement; 

(ii) the name of the candidate to which the advertisement refers and the office to which the candidate is 

seeking election, the election to which the advertisement 

refers, or the national legislative issue to which the advertisement refers (as applicable); 

(iii) in the case of a request made by, or on behalf 

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ized committee of the candidate, and the treasurer of 

such committee; and 

(iv) in the case of any request not described in clause 

(iii), the name of the person purchasing the advertisement, the name and address of a contact person for 

such person, and a list of the chief executive officers or 

members of the executive committee or of the board of 

directors of such person. 

(3) ONLINE PLATFORM.—For purposes of this subsection, the 

term ‘‘online platform’’ means any public-facing website, web 

application, or digital application (including a social network, 

ad network, or search engine) which— 

(A) sells qualified political advertisements; and 

(B) has 50,000,000 or more unique monthly United 

States visitors or users for a majority of months during the 

preceding 12 months. 

(4) QUALIFIED POLITICAL ADVERTISEMENT For purposes of this 

subsection, the term ‘‘qualified political advertisement’’ means 

any advertisement (including search engine marketing, display 

advertisements, video advertisements, native advertisements, 

and sponsorships) that— 

(A) is made by or on behalf of a candidate; or 

(B) communicates a message relating to any political 

matter of national importance, including— 

(i) a candidate; 

(ii) any election to Federal office; or 

(iii) a national legislative issue of public importance. 

(5) TIME TO MAINTAIN FILE.—The information required under 

this subsection shall be made available as soon as possible and 

shall be retained by the online platform for a period of not less 

than 4 years. 

(6) SAFE HARBOR FOR PLATFORMS MAKING BEST EFFORTS TO

IDENTIFY REQUESTS WHICH ARE SUBJECT TO RECORD MAINTENANCE REQUIREMENTS.—In accordance with rules established 

by the Commission, if an online platform shows that the platform used best efforts to determine whether or not a request to 

purchase a qualified political advertisement was subject to the 

requirements of this subsection, the online platform shall not be 

considered to be in violation of such requirements. 

(7) PENALTIES.—For penalties for failure by online platforms, 

and persons requesting to purchase a qualified political advertisement on online platforms, to comply with the requirements 

of this subsection, see section 309. 

(k) REQUIRING INFORMATION ON REGISTERED LOBBYISTS TO BE

LINKED TO WEBSITES OF CLERK OF HOUSE AND SECRETARY OF SENATE.— 

(1) LINKS TO WEBSITES.—The Commission shall ensure that 

the Commission’s public database containing information described in paragraph (2) is linked electronically to the websites 

maintained by the Secretary of the Senate and the Clerk of the 

House of Representatives containing information filed pursuant 

to the Lobbying Disclosure Act of 1995. 

(2) INFORMATION DESCRIBED.—The information described in 

this paragraph is each of the following: 


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(A) Information disclosed under paragraph (9) of subsection (b). 

(B) Information disclosed under subparagraph (D) of 

subsection (c)(2). 

(C) Information disclosed under subparagraph (G) of 

subsection (f)(2). 

* * * * * * * 

FEDERAL ELECTION COMMISSION

SEC. 306. (a)(1) There is established a commission to be known 

as the Federal Election Commission. øThe Commission is composed 

of the Secretary of the Senate and the Clerk of the House of Representatives or their designees, ex officio and without the right to 

vote, and 6 members appointed by the President, by and with the 

advice and consent of the Senate. No more than 3 members of the 

Commission appointed under this paragraph may be affiliated with 

the same political party.¿ The Commission is composed of 5 members appointed by the President by and with the advice and consent 

of the Senate, of whom no more than 2 may be affiliated with the 

same political party. A member shall by treated as affiliated with 

a political party if the member was affiliated, including as a registered voter, employee, consultant, donor, officer, or attorney, with 

such political party or any of its candidates or elected public officials at any time during the 5-year period ending on the date on 

which such individual is nominated to be a member of the Commission. A majority of the number of members of the Commission who 

are serving at the time shall constitute a quorum, except that 3 

members shall constitute a quorum if there are 4 members serving 

at the time. 

ø(2)(A) Members of the Commission shall serve for a single term 

of 6 years, except that of the members first appointed— 

ø(i) two of the members, not affiliated with the same political 

party, shall be appointed for terms ending on April 30, 1977; 

ø(ii) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 

1979; and 

ø(iii) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 

1981. 

ø(B) A member of the Commission may serve on the Commission 

after the expiration of his or her term until his or her successor has 

taken office as a member of the Commission. 

ø(C) An individual appointed to fill a vacancy occurring other 

than by the expiration of a term of office shall be appointed only 

for the unexpired term of the member he or she succeeds. 

ø(D) Any vacancy occurring in the membership of the Commission shall be filled in the same manner as in the case of the original appointment. 

ø(3) Members shall be chosen on the basis of their experience, integrity, impartiality, and good judgment and members (other than 

the Secretary of the Senate and the Clerk of the House of Representatives) shall be individuals who, at the time appointed to the 

Commission, are not elected or appointed officers or employees in 

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ment. Such members of the Commission shall not engage in any 

other business, vocation, or employment. Any individual who is engaging in any other business, vocation, or employment at the time 

of his or her appointment to the Commission shall terminate or liquidate such activity no later than 90 days after such appointment.¿ 

(2) TERMS OF SERVICE.— 

(A) IN GENERAL.—Each member of the Commission shall 

serve for a single term of 6 years. 

(B) SPECIAL RULE FOR INITIAL APPOINTMENTS.—Of the 

members first appointed to serve terms that begin in January 2022, the President shall designate 2 to serve for a 3- 

year term. 

(C) NO REAPPOINTMENT PERMITTED.—An individual who 

served a term as a member of the Commission may not 

serve for an additional term, except that— 

(i) an individual who served a 3-year term under 

subparagraph (B) may also be appointed to serve a 6- 

year term under subparagraph (A); and 

(ii) for purposes of this subparagraph, an individual 

who is appointed to fill a vacancy under subparagraph 

(D) shall not be considered to have served a term if the 

portion of the unexpired term the individual fills is less 

than 50 percent of the period of the term. 

(D) VACANCIES.—Any vacancy occurring in the membership of the Commission shall be filled in the same manner 

as in the case of the original appointment. Except as provided in subparagraph (C), an individual appointed to fill 

a vacancy occurring other than by the expiration of a term 

of office shall be appointed only for the unexpired term of 

the member he or she succeeds. 

(E) LIMITATION ON SERVICE AFTER EXPIRATION OF

TERM.—A member of the Commission may continue to serve 

on the Commission after the expiration of the member’s 

term for an additional period, but only until the earlier 

of— 

(i) the date on which the member’s successor has 

taken office as a member of the Commission; or 

(ii) the expiration of the 1-year period that begins on 

the last day of the member’s term. 

(3) QUALIFICATIONS.— 

(A) IN GENERAL.—The President may select an individual 

for service as a member of the Commission if the individual 

has experience in election law and has a demonstrated 

record of integrity, impartiality, and good judgment. 

(B) ASSISTANCE OF BLUE RIBBON ADVISORY PANEL.— 

(i) IN GENERAL.—Prior to the regularly scheduled expiration of the term of a member of the Commission 

and upon the occurrence of a vacancy in the membership of the Commission prior to the expiration of a 

term, the President shall convene a Blue Ribbon Advisory Panel, consisting of an odd number of individuals 

selected by the President from retired Federal judges, 

former law enforcement officials, or individuals with 

experience in election law, except that the President 


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may not select any individual to serve on the panel 

who holds any public office at the time of selection. 

(ii) RECOMMENDATIONS.—With respect to each member of the Commission whose term is expiring or each 

vacancy in the membership of the Commission (as the 

case may be), the Blue Ribbon Advisory Panel shall 

recommend to the President at least one but not more 

than 3 individuals for nomination for appointment as 

a member of the Commission. 

(iii) PUBLICATION.—At the time the President submits to the Senate the nominations for individuals to 

be appointed as members of the Commission, the President shall publish the Blue Ribbon Advisory Panel’s 

recommendations for such nominations. 

(iv) EXEMPTION FROM FEDERAL ADVISORY COMMITTEE

ACT.—The Federal Advisory Committee Act (5 U.S.C. 

App.) does not apply to a Blue Ribbon Advisory Panel 

convened under this subparagraph. 

(C) PROHIBITING ENGAGEMENT WITH OTHER BUSINESS OR

EMPLOYMENT DURING SERVICE.—A member of the Commission shall not engage in any other business, vocation, or 

employment. Any individual who is engaging in any other 

business, vocation, or employment at the time of his or her 

appointment to the Commission shall terminate or liquidate such activity no later than 90 days after such appointment. 

(4) Members of the Commission ø(other than the Secretary of the 

Senate and the Clerk of the House of Representatives)¿ shall receive compensation equivalent to the compensation paid at level IV 

of the Executive Schedule (5 U.S.C. 5315). 

ø(5) The Commission shall elect a chairman and a vice chairman 

from among its members (other than the Secretary of the Senate 

and the Clerk of the House of Representatives) for a term of one 

year. A member may serve as chairman only once during any term 

of office to which such member is appointed. The chairman and the 

vice chairman shall not be affiliated with the same political party. 

The vice chairman shall act as chairman in the absence or disability of the chairman or in the event of a vacancy in such office.¿ 

(5) CHAIR.— (A) INITIAL APPOINTMENT.—Of the members first appointed to serve terms that begin in January 2022, one 

such member (as designated by the President at the time 

the President submits nominations to the Senate) shall 

serve as Chair of the Commission. 

(B) SUBSEQUENT APPOINTMENTS.—Any individual who is 

appointed to succeed the member who serves as Chair of 

the Commission for the term beginning in January 2022 

(as well as any individual who is appointed to fill a vacancy if such member does not serve a full term as Chair) 

shall serve as Chair of the Commission. 

(C) VICE CHAIR.—The Commission shall select, by majority vote of its members, one of its members to serve as Vice 

Chair, who shall act as Chair in the absence or disability 

of the Chair or in the event of a vacancy in the position of 

Chair. 


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(b)(1) The Commission shall administer, seek to obtain compliance with, and formulate policy with respect to, this Act and chapter 95 and chapter 96 of the Internal Revenue Code of 1954. The 

Commission shall have exclusive jurisdiction with respect to the 

civil enforcement of such provisions. 

(2) Nothing in this Act shall be construed to limit, restrict or diminish any investigatory, informational, oversight, supervisory, or 

disciplinary authority or function of the Congress or any committee 

of the Congress with respect to elections for Federal office. 

(c) øAll decisions¿ Subject to section 307(a), all decisions of the 

Commission with respect to the exercise of its duties and powers 

under the provisions of this Act shall be made by a majority vote 

of the members of the Commission. A member of the Commission 

may not delegate to any person his or her vote or any decisionmaking authority or duty vested in the Commission by the provisions of this Act, except that the øaffirmative vote of 4 members 

of the Commission¿ affirmative vote of a majority of the members 

of the Commission who are serving at the time shall be required in 

order for the Commission to take any action in accordance with 

paragraph (6), (7), (8), or (9) of section 307(a) of this Act or with 

chapter 95 or chapter 96 of the Internal Revenue Code of 1954. 

(d) The Commission shall meet at least once each month and also 

at the call of any member. 

ø(e) The Commission¿ (e)(1) The Commission shall prepare written rules for the conduct of its activities, shall have an official seal 

which shall be judicially noticed, and shall have its principal office 

in or near the District of Columbia (but it may meet or exercise 

any of its powers anywhere in the United States). 

(2) Members and employees of the Commission shall be subject to 

limitations on ex parte communications, as provided in the regulations promulgated by the Commission regarding such communications which are in effect on the date of the enactment of this paragraph. 

(f)(1) øThe Commission shall have a staff director and a general 

counsel who shall be appointed by the Commission.¿ The Commission shall have a staff director who shall be appointed by the Chair 

of the Commission in consultation with the other members and a 

general counsel who shall be appointed by the Chair with the concurrence of at least two other members. The staff director shall be 

paid at a rate not to exceed the rate of basic pay in effect for level 

IV of the Executive Schedule (5 U.S.C. 5315). The general counsel 

shall be paid at a rate not to exceed the rate of basic pay in effect 

for level V of the Executive Schedule (5 U.S.C. 5316). With the approval of the Commission, the staff director may appoint and fix 

the pay of such additional personnel as he or she considers desirable without regard to the provisions of title 5, United States Code, 

governing appointments in the competitive service. 

(2) øWith the approval of the Commission¿ With the approval of 

the Chair of the Commission, the staff director may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, but at rates 

for individuals not to exceed the daily equivalent of the annual rate 

of basic pay in effect for grade GS–15 of the General Schedule (5 

U.S.C. 5332). 


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ø(3) In carrying out its responsibilities under this Act, the Commission shall, to the fullest extent practicable, avail itself of the assistance, including personnel and facilities of other agencies and 

departments of the United States. The heads of such agencies and 

departments may make available to the Commission such personnel, facilities, and other assistance, with or without reimbursement, as the Commission may request.¿ 

(4) Notwithstanding the provisions of paragraph (2), the Commission is authorized to appear in and defend against any action instituted under this Act, either (A) by attorneys employed in its office, 

or (B) by counsel whom it may appoint, on a temporary basis as 

may be necessary for such purpose, without regard to the provisions of title 5, United States Code, governing appointments in the 

competitive service, and whose compensation it may fix without regard to the provisions of chapter 51 and subchapter III of chapter 

53 of such title. The compensation of counsel so appointed on a 

temporary basis shall be paid out of any funds otherwise available 

to pay the compensation of employees of the Commission. 

POWERS OF øTHE COMMISSION¿ THE CHAIR AND THE COMMISSION

SEC. 307. ø(a) The Commission has the power— 

ø(1) to require by special or general orders, any person to 

submit, under oath, such written reports and answers to questions as the Commission may prescribe; 

ø(2) to administer oaths or affirmations; 

ø(3) to require by subpena, signed by the chairman or the 

vice chairman, the attendance and testimony of witnesses and 

the production of all documentary evidence relating to the execution of its duties; 

ø(4) in any proceeding or investigation, to order testimony to 

be taken by deposition before any person who is designated by 

the Commission and has the power to administer oaths and, in 

such instances, to compel testimony and the production of evidence in the same manner as authorized under paragraph (3); 

ø(5) to pay witnesses the same fees and mileage as are paid 

in like circumstances in the courts of the United States; 

ø(6) to initiate (through civil actions for injunctive, declaratory, or other appropriate relief), defend (in the case of any 

civil action brought under section 309(a)(8) of this Act) or appeal any civil action in the name of the Commission to enforce 

the provisions of this Act and chapter 95 and chapter 96 of the 

Internal Revenue Code of 1954, through its general counsel; 

ø(7) to render advisory opinions under section 308 of this 

Act; 

ø(8) to develop such prescribed forms and to make, amend, 

and repeal such rules, pursuant to the provisions of chapter 5 

of title 5, United States Code, as are necessary to carry out the 

provisions of this Act and chapter 95 and chapter 96 of the Internal Revenue Code of 1954; and 

ø(9) to conduct investigations and hearings expeditiously, to 

encourage voluntary compliance, and to report apparent violations to the appropriate law enforcement authorities.¿ 

(a) DISTRIBUTION OF POWERS BETWEEN CHAIR AND COMMISSION.— 

(1) POWERS ASSIGNED TO CHAIR.— 


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(A) ADMINISTRATIVE POWERS.—The Chair of the Commission shall be the chief administrative officer of the Commission and shall have the authority to administer the Commission and its staff, and (in consultation with the other 

members of the Commission) shall have the power— 

(i) to appoint and remove the staff director of the 

Commission; 

(ii) to request the assistance (including personnel 

and facilities) of other agencies and departments of the 

United States, whose heads may make such assistance 

available to the Commission with or without reimbursement; and 

(iii) to prepare and establish the budget of the Commission and to make budget requests to the President, 

the Director of the Office of Management and Budget, 

and Congress. 

(B) OTHER POWERS.—The Chair of the Commission shall 

have the power— 

(i) to appoint and remove the general counsel of the 

Commission with the concurrence of at least 2 other 

members of the Commission; 

(ii) to require by special or general orders, any person to submit, under oath, such written reports and 

answers to questions as the Chair may prescribe; 

(iii) to administer oaths or affirmations; 

(iv) to require by subpoena, signed by the Chair, the 

attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties; 

(v) in any proceeding or investigation, to order testimony to be taken by deposition before any person who 

is designated by the Chair, and shall have the power 

to administer oaths and, in such instances, to compel 

testimony and the production of evidence in the same 

manner as authorized under clause (iv); and 

(vi) to pay witnesses the same fees and mileage as 

are paid in like circumstances in the courts of the 

United States. 

(2) POWERS ASSIGNED TO COMMISSION.—The Commission 

shall have the power— 

(A) to initiate (through civil actions for injunctive, declaratory, or other appropriate relief), defend (in the case of any 

civil action brought under section 309(a)(8) of this Act) or 

appeal (including a proceeding before the Supreme Court 

on certiorari) any civil action in the name of the Commission to enforce the provisions of this Act and chapter 95 

and chapter 96 of the Internal Revenue Code of 1986, 

through its general counsel; 

(B) to render advisory opinions under section 308 of this 

Act; 

(C) to develop such prescribed forms and to make, 

amend, and repeal such rules, pursuant to the provisions 

of chapter 5 of title 5, United States Code, as are necessary 

to carry out the provisions of this Act and chapter 95 and 

chapter 96 of the Internal Revenue Code of 1986; 


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(D) to conduct investigations and hearings expeditiously, 

to encourage voluntary compliance, and to report apparent 

violations to the appropriate law enforcement authorities; 

and 

(E) to transmit to the President and Congress not later 

than June 1 of each year a report which states in detail the 

activities of the Commission in carrying out its duties 

under this Act, and which includes any recommendations 

for any legislative or other action the Commission considers 

appropriate. 

(3) PERMITTING COMMISSION TO EXERCISE OTHER POWERS OF

CHAIR.—With respect to any investigation, action, or proceeding, 

the Commission, by an affirmative vote of a majority of the 

members who are serving at the time, may exercise any of the 

powers of the Chair described in paragraph (1)(B). 

(b) Upon petition by the Commission, any United States district 

court within the jurisdiction of which any inquiry is being carried 

on may, in case of refusal to obey a subpena or order of the Commission issued under subsection (a), issue an order requiring compliance. Any failure to obey the order of the court may be punished 

by the court as a contempt thereof. 

(c) No person shall be subject to civil liability to any person 

(other than the Commission or the United States) for disclosing information at the request of the Commission. 

(d)(1) Whenever øthe Commission submits any budget¿ the Chair 

(or, pursuant to subsection (a)(3), the Commission) submits any 

budget estimate or request to the President or the Office of Management and Budget, it shall concurrently transmit a copy of such 

estimate or request to the Congress. 

(2) Whenever the Commission submits any legislative recommendation, or testimony, or comments on legislation, requested 

by the Congress or by any Member of the Congress, to the President or the Office of Management and Budget, it shall concurrently 

transmit a copy thereof to the Congress or to the Member requesting the same. No officer or agency of the United States shall have 

any authority to require the Commission to submit its legislative 

recommendations, testimony, or comments on legislation, to any office or agency of the United States for approval, comments, or review, prior to the submission of such recommendations, testimony, 

or comments to the Congress. 

(e) Except as provided in section 309(a)(8) of this Act, the power 

of the Commission to initiate civil actions under subsection (a)(6) 

of this section shall be the exclusive civil remedy for the enforcement of the provisions of this Act. 

ADVISORY OPINIONS

SEC. 308. (a)(1) Not later than 60 days after the Commission receives from a person a complete written request concerning the application of this Act, chapter 95 or chapter 96 of the Internal Revenue Code of 1954, or a rule or regulation prescribed by the Commission, with respect to a specific transaction or activity by the 

person, the Commission shall render a written advisory opinion relating to such transaction or activity to the person. 

(2) If an advisory opinion is requested by a candidate, or any authorized committee of such candidate, during the 60-day period beVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00310 Fmt 6659 Sfmt 6601 E:\HR\OC\HR015P1.XXX HR015P1

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fore any election for Federal office involving the requesting party, 

the Commission shall render a written advisory opinion relating to 

such request no later than 20 days after the Commission receives 

a complete written request. 

(b) Any rule of law which is not stated in this Act or in chapter 

95 or chapter 96 of the Internal Revenue Code of 1954 may be initially proposed by the Commission only as a rule or regulation pursuant to procedures established in section 311(d). No opinion of an 

advisory nature may be issued by the Commission or any of its employees except in accordance with the provisions of this section. 

(c)(1) Any advisory opinion rendered by the Commission under 

subsection (a) may be relied upon by— 

(A) any person involved in the specific transaction or activity 

with respect to which such advisory opinion is rendered; and 

(B) any person involved in any specific transaction or activity 

which is indistinguishable in all its material aspects from the 

transaction or activity with respect to which such advisory 

opinion is rendered. 

(2) Notwithstanding any other provisions of law, any person who 

relies upon any provision or finding of an advisory opinion in accordance with the provisions of paragraph (1) and who acts in good 

faith in accordance with the provisions and findings of such advisory opinion shall not, as a result of any such act, be subject to any 

sanction provided by this Act or by chapter 95 or chapter 96 of the 

Internal Revenue Code of 1954. 

(d) The Commission shall make public any request made under 

subsection (a) for an advisory opinion. Before rendering an advisory 

opinion, the Commission shall accept written comments submitted 

by any interested party within the 10-day period following the date 

the request is made public. 

(e) To the extent that the Commission provides an opportunity for 

a person requesting an advisory opinion under this section (or counsel for such person) to appear before the Commission to present testimony in support of the request, and the person (or counsel) accepts 

such opportunity, the Commission shall provide a reasonable opportunity for an interested party who submitted written comments 

under subsection (d) in response to the request (or counsel for such 

interested party) to appear before the Commission to present testimony in response to the request. 

ENFORCEMENT

SEC. 309. (a)(1) Any person who believes a violation of this Act 

or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 

has occurred, may file a complaint with the Commission. Such complaint shall be in writing, signed and sworn to by the person filing 

such complaint, shall be notarized, and shall be made under penalty of perjury and subject to the provisions of section 1001 of title 

18, United States Code. Within 5 days after receipt of a complaint, 

øthe Commission¿ the general counsel shall notify, in writing, any 

person alleged in the complaint to have committed such a violation. 

øBefore the Commission conducts any vote on the complaint, other 

than a vote to dismiss, any person so notified shall have the opportunity to demonstrate, in writing, to the Commission within 15 

days after notification that no action should be taken against such 

person on the basis of the complaint.¿ Not later than 15 days after 


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receiving notice from the general counsel under the previous sentence, the person may provide the general counsel with a written response that no action should be taken against such person on the 

basis of the complaint. The Commission may not conduct any investigation or take any other action under this section solely on the 

basis of a complaint of a person whose identity is not disclosed to 

the Commission. 

ø(2) If the Commission, upon receiving a complaint under paragraph (1) or on the basis of information ascertained in the normal 

course of carrying out its supervisory responsibilities, determines, 

by an affirmative vote of 4 of its members, that it has reason to 

believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue 

Code of 1954, the Commission shall, through its chairman or vice 

chairman, notify the person of the alleged violation. Such notification shall set forth the factual basis for such alleged violation. The 

Commission shall make an investigation of such alleged violation, 

which may include a field investigation or audit, in accordance with 

the provisions of this section. 

ø(3) The general counsel of the Commission shall notify the respondent of any recommendation to the Commission by the general 

counsel to proceed to a vote on probable cause pursuant to paragraph (4)(A)(i). With such notification, the general counsel shall include a brief stating the position of the general counsel on the legal 

and factual issues of the case. Within 15 days of receipt of such 

brief, respondent may submit a brief stating the position of such 

respondent on the legal and factual issues of the case, and replying 

to the brief of general counsel. Such briefs shall be filed with the 

Secretary of the Commission and shall be considered by the Commission before proceeding under paragraph (4).¿ 

(2)(A) The general counsel, upon receiving a complaint filed with 

the Commission under paragraph (1) or upon the basis of information ascertained by the Commission in the normal course of carrying 

out its supervisory responsibilities, shall make a determination as 

to whether or not there is reason to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 

or chapter 96 of the Internal Revenue Code of 1986, and as to 

whether or not the Commission should either initiate an investigation of the matter or that the complaint should be dismissed. The 

general counsel shall promptly provide notification to the Commission of such determination and the reasons therefore, together with 

any written response submitted under paragraph (1) by the person 

alleged to have committed the violation. Upon the expiration of the 

30-day period which begins on the date the general counsel provides 

such notification, the general counsel’s determination shall take effect, unless during such 30-day period the Commission, by vote of 

a majority of the members of the Commission who are serving at the 

time, overrules the general counsel’s determination. If the determination by the general counsel that the Commission should investigate the matter takes effect, or if the determination by the general 

counsel that the complaint should be dismissed is overruled as provided under the previous sentence, the general counsel shall initiate 

an investigation of the matter on behalf of the Commission. 

(B) If the Commission initiates an investigation pursuant to subparagraph (A), the Commission, through the Chair, shall notify the 


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subject of the investigation of the alleged violation. Such notification 

shall set forth the factual basis for such alleged violation. The Commission shall make an investigation of such alleged violation, which 

may include a field investigation or audit, in accordance with the 

provisions of this section. The general counsel shall provide notification to the Commission of any intent to issue a subpoena or conduct 

any other form of discovery pursuant to the investigation. Upon the 

expiration of the 15-day period which begins on the date the general 

counsel provides such notification, the general counsel may issue the 

subpoena or conduct the discovery, unless during such 15-day period the Commission, by vote of a majority of the members of the 

Commission who are serving at the time, prohibits the general counsel from issuing the subpoena or conducting the discovery. 

(3)(A) Upon completion of an investigation under paragraph (2), 

the general counsel shall promptly submit to the Commission the 

general counsel’s recommendation that the Commission find either 

that there is probable cause or that there is not probable cause to 

believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue 

Code of 1986, and shall include with the recommendation a brief 

stating the position of the general counsel on the legal and factual 

issues of the case. 

(B) At the time the general counsel submits to the Commission the 

recommendation under subparagraph (A), the general counsel shall 

simultaneously notify the respondent of such recommendation and 

the reasons therefore, shall provide the respondent with an opportunity to submit a brief within 30 days stating the position of the 

respondent on the legal and factual issues of the case and replying 

to the brief of the general counsel. The general counsel and shall 

promptly submit such brief to the Commission upon receipt. 

(C) Not later than 30 days after the general counsel submits the 

recommendation to the Commission under subparagraph (A) (or, if 

the respondent submits a brief under subparagraph (B), not later 

than 30 days after the general counsel submits the respondent’s 

brief to the Commission under such subparagraph), the Commission 

shall approve or disapprove the recommendation by vote of a majority of the members of the Commission who are serving at the time. 

(4)(A)(i) Except as provided in clauses (ii) and subparagraph (C), 

if the Commission determines, by an øaffirmative vote of 4 of its 

members¿ affirmative vote of a majority of the members of the Commission who are serving at the time, that there is probable cause 

to believe that any person has committed, or is about to commit, 

a violation of this Act or of chapter 95 or chapter 96 of the Internal 

Revenue Code of 1954, the Commission shall attempt, for a period 

of at least 30 days, to correct or prevent such violation by informal 

methods of conference, conciliation, and persuasion, and to enter 

into a conciliation agreement with any person involved. Such attempt by the Commission to correct or prevent such violation may 

continue for a period of not more than 90 days. The Commission 

may not enter into a conciliation agreement under this clause except pursuant to an øaffirmative vote of 4 of its members¿ affirmative vote of a majority of the members of the Commission who are 

serving at the time. A conciliation agreement, unless violated, is a 

complete bar to any further action by the Commission, including 

the bringing of a civil proceeding under paragraph (6)(A). 


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(ii) If any determination of the Commission under clause (i) occurs during the 45-day period immediately preceding any election, 

then the Commission shall attempt, for a period of at least 15 days, 

to correct or prevent the violation involved by the methods specified in clause (i). 

(B)(i) No action by the Commission or any person, and no information derived, in connection with any conciliation attempt by the 

Commission under subparagraph (A) may be made public by the 

Commission without the written consent of the respondent and the 

Commission. 

(ii) If a conciliation agreement is agreed upon by the Commission 

and the respondent, the Commission shall make public any conciliation agreement signed by both the Commission and the respondent. If the Commission makes a determination that a person has 

not violated this Act or chapter 95 or chapter 96 of the Internal 

Revenue Code of 1954, the Commission shall make public such determination. 

(C)(i) Notwithstanding subparagraph (A), in the case of a violation of a qualified disclosure requirement, the Commission may— 

(I) find that a person committed such a violation on the basis 

of information obtained pursuant to the procedures described 

in paragraphs (1) and (2); and 

(II) based on such finding, require the person to pay a civil 

money penalty in an amount determined, for violations of each 

qualified disclosure requirement, under a schedule of penalties 

which is established and published by the Commission and 

which takes into account the amount of the violation involved, 

the existence of previous violations by the person, and such 

other factors as the Commission considers appropriate. 

(ii) The Commission may not make any determination adverse to 

a person under clause (i) until the person has been given written 

notice and an opportunity to be heard before the Commission. 

(iii) Any person against whom an adverse determination is made 

under this subparagraph may obtain a review of such determination in the district court of the United States for the district in 

which the person resides, or transacts business, by filing in such 

court (prior to the expiration of the 30-day period which begins on 

the date the person receives notification of the determination) a 

written petition requesting that the determination be modified or 

set aside. 

(iv) In this subparagraph, the term ‘‘qualified disclosure 

requirement’’ means any requirement of— 

(I) subsections (a), (c), (e), (f), (g), or (i) of section 

304; or 

(II) section 305. 

(v) This subparagraph shall apply with respect to violations that 

relate to reporting periods that begin on or after January 1, 2000ø, 

and that end on or before December 31, 2023¿. 

(5)(A) If the Commission believes that a violation of this Act or 

of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 

has been committed, a conciliation agreement entered into by the 

Commission under paragraph (4)(A) may include a requirement 

that the person involved in such conciliation agreement shall pay 

a civil penalty which does not exceed the greater of $5,000 or an 


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amount equal to any contribution or expenditure involved in such 

violation. 

(B) If the Commission believes that a knowing and willful violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has been committed, a conciliation agreement 

entered into by the Commission under paragraph (4)(A) may require that the person involved in such conciliation agreement shall 

pay a civil penalty which does not exceed the greater of $10,000 or 

an amount equal to 200 percent of any contribution or expenditure 

involved in such violation (or, in the case of a violation of section 

320, which is not less than 300 percent of the amount involved in 

the violation and is not more than the greater of $50,000 or 1,000 

percent of the amount involved in the violation). 

(C) If the Commission by an øaffirmative vote of 4 of its members¿ affirmative vote of a majority of the members of the Commission who are serving at the time, determined that there is probable 

cause to believe that a knowing and willful violation of this Act 

which is subject to subsection (d), or a knowing and willful violation of chapter 95 or chapter 96 of the Internal Revenue Code of 

1954, has occurred or is about to occur, it may refer such apparent 

violation to the Attorney General of the United States without regard to any limitations set forth in paragraph (4)(A). 

(D) In any case in which a person has entered into a conciliation 

agreement with the Commission under paragraph (4)(A), the Commission may institute a civil action for relief under paragraph 

(6)(A) if it believes that the person has violated any provision of 

such conciliation agreement. For the Commission to obtain relief in 

any civil action, the Commission need only establish that the person has violated, in whole or in part, any requirement of such conciliation agreement. 

(6)(A) If the Commission is unable to correct or prevent any violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, by the methods specified in paragraph (4), the 

Commission may, upon an øaffirmative vote of 4 of its members¿ 

affirmative vote of a majority of the members of the Commission 

who are serving at the time, institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any 

other appropriate order (including an order for a civil penalty 

which does not exceed the greater of $5,000 or an amount equal to 

any contribution or expenditure involved in such violation) in the 

district court of the United States for the district in which the person against whom such action is brought is found, resides, or transacts business. 

(B) In any civil action instituted by the Commission under subparagraph (A), the court may grant a permanent or temporary injunction, restraining order, or other order, including a civil penalty 

which does not exceed the greater of $5,000 or an amount equal to 

any contribution or expenditure involved in such violation, upon a 

proper showing that the person involved has committed, or is about 

to commit (if the relief sought is a permanent or temporary injunction or a restraining order), a violation of this Act or chapter 95 

or chapter 96 of the Internal Revenue Code of 1954. 

(C) In any civil action for relief instituted by the Commission 

under subparagraph (A), if the court determines that the Commission has established that the person involved in such civil action 


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has committed a knowing and willful violation of this Act or of 

chapter 95 or chapter 96 of the Internal Revenue Code of 1954, the 

court may impose a civil penalty which does not exceed the greater 

of $10,000 or an amount equal to 200 percent of any contribution 

or expenditure involved in such violation (or, in the case of a violation of section 320, which is not less than 300 percent of the 

amount involved in the violation and is not more than the greater 

of $50,000 or 1,000 percent of the amount involved in the violation). 

(7) In any action brought under paragraph (5) or (6), subpenas 

for witnesses who are required to attend a United States district 

court may run into any other district. 

ø(8)(A) Any party aggrieved by an order to the Commission dismissing a complaint filed by such party under paragraph (1), or by 

a failure of the Commission to act on such complaint during the 

120-day period beginning on the date the complaint is filed, may 

file a petition with the United States District Court for the District 

of Columbia. 

ø(B) Any petition under subparagraph (A) shall be filed, in the 

case of a dismissal of a compliant by the Commission, within 60 

days after the date of the dismissal. 

ø(C) In any proceeding under this paragraph the court may declare that the dismissal of the complaint or the failure to act is contrary to law, and may direct the Commission to conform with such 

declaration within 30 days, failing which the complainant may 

bring, in the name of such complainant, a civil action to remedy 

the violation involved in the original complaint.¿ 

(8)(A)(i) Any party aggrieved by an order of the Commission dismissing a complaint filed by such party after finding either no reason to believe a violation has occurred or no probable cause a violation has occurred may file a petition with the United States District 

Court for the District of Columbia. Any petition under this subparagraph shall be filed within 60 days after the date on which the 

party received notice of the dismissal of the complaint. 

(ii) In any proceeding under this subparagraph, the court shall 

determine by de novo review whether the agency’s dismissal of the 

complaint is contrary to law. In any matter in which the penalty for 

the alleged violation is greater than $50,000, the court should disregard any claim or defense by the Commission of prosecutorial discretion as a basis for dismissing the complaint. 

(B)(i) Any party who has filed a complaint with the Commission 

and who is aggrieved by a failure of the Commission, within one 

year after the filing of the complaint, to either dismiss the complaint 

or to find reason to believe a violation has occurred or is about to 

occur, may file a petition with the United States District Court for 

the District of Columbia. 

(ii) In any proceeding under this subparagraph, the court shall 

treat the failure to act on the complaint as a dismissal of the complaint, and shall determine by de novo review whether the agency’s 

failure to act on the complaint is contrary to law. 

(C) In any proceeding under this paragraph the court may declare 

that the dismissal of the complaint or the failure to act is contrary 

to law, and may direct the Commission to conform with such declaration within 30 days, failing which the complainant may bring, 


dlhill on DSK3GLQ082PROD with HEARING
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in the name of such complainant, a civil action to remedy the violation involved in the original complaint. 

(9) Any judgment of a district court under this subsection may 

be appealed to the court of appeals, and the judgment of the court 

of appeals affirming or setting aside, in whole or in part, any such 

order of the district court shall be final, subject to review by the 

Supreme Court of the United States upon certiorari or certification 

as provided in section 1254 of title 28, United States Code. 

(11) If the Commission determines after an investigation that 

any person has violated an order of the court entered in a proceeding brought under paragraph (6), it may petition the court for 

an order to hold such person in civil contempt, but if it believes the 

violation to be knowing and willful it may petition the court for an 

order to hold such person in criminal contempt. 

(12)(A) Any notification or investigation made under this section 

shall not be made public by the Commission or by any person without the written consent of the person receiving such notification or 

the person with respect to whom such investigation is made. 

(B) Any member or employee of the Commission, or any other 

person, who violates the provisions of subparagraph (A) shall be 

fined not more than $2,000. Any such member, employee, or other 

person who knowingly and willfully violates the provisions of subparagraph (A) shall be fined not more than $5,000. 

(b) Before taking any action under subsection (a) against any 

person who has failed to file a report required under section 

304(a)(2)(A)(iii) for the calendar quarter immediately preceding the 

election involved, or in accordance with section 304(a)(2)(A)(i), the 

Commission shall notify the person of such failure to file the required reports. If a satisfactory response is not received within 4 

business days after the date of notification, the Commission shall, 

pursuant to section 311(a)(7), publish before the election the name 

of the person and the report or reports such person has failed to 

file. 

(c) Whenever the Commission refers an apparent violation to the 

Attorney General, the Attorney General shall report to the Commission any action taken by the Attorney General regarding the 

apparent violation. Each report shall be transmitted within 60 days 

after the date the Commission refers an apparent violation, and 

every 30 days thereafter until the final disposition of the apparent 

violation. 

(d)(1)(A) Any person who knowingly and willfully commits a violation of any provision of this Act which involves the making, receiving, or reporting of any contribution, donation, or expenditure— 

(i) aggregating $25,000 or more during a calendar year shall 

be fined under title 18, United States Code, or imprisoned for 

not more than 5 years, or both; or 

(ii) aggregating $2,000 or more (but less than $25,000) during a calendar year shall be fined under such title, or imprisoned for not more than 1 year, or both. 

(B) In the case of a knowing and willful violation of section 

316(b)(3), the penalties set forth in this subsection shall apply to 

a violation involving an amount aggregating $250 or more during 

a calendar year. Such violation of section 316(b)(3) may incorporate 

a violation of section 317(b), 320, or 321. 


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(C) In the case of a knowing and willful violation of section 322, 

the penalties set forth in this subsection shall apply without regard 

to whether the making, receiving, or reporting of a contribution or 

expenditure of $1,000 or more is involved. 

(D) Any person who knowingly and willfully commits a violation of section 320 involving an amount aggregating more than $10,000 

during a calendar year shall be— 

(i) imprisoned for not more than 2 years if the amount is less than $25,000 (and subject to imprisonment under subparagraph (A) if the amount is $25,000 or more); 

(ii) fined not less than 300 percent of the amount involved 

in the violation and not more than the greater of— (I) $50,000; or 

(II) 1,000 percent of the amount involved in the violation; or 

(iii) both imprisoned under clause (i) and fined under clause 

(ii). 

(2) In any criminal action brought for a violation of any provision 

of this Act or of chapter 95 or chapter 96 of the Internal Revenue 

Code of 1954, any defendant may evidence their lack of knowledge 

or intent to commit the alleged violation by introducing as evidence 

a conciliation agreement entered into between the defendant and 

the Commission under subsection (a)(4)(A) which specifically deals 

with the act or failure to act constituting such violation and which 

is still in effect. 

(3) In any criminal action brought for a violation of any provision 

of this Act or of chapter 95 or chapter 96 of the Internal Revenue 

Code of 1954, the court before which such action is brought shall 

take into account, in weighing the seriousness of the violation and 

in considering the appropriateness of the penalty to be imposed if 

the defendant is found guilty, whether— 

(A) the specific act or failure to act which constitutes the violation for which the action was brought is the subject of a conciliation agreement entered into between the defendant and 

the Commission under subparagraph (a)(4)(A); 

(B) the conciliation agreement is in effect; and 

(C) the defendant is, with respect to the violation involved, 

in compliance with the conciliation agreement. 

* * * * * * * 

ADMINISTRATIVE PROVISIONS

SEC. 311. (a) The Commission shall— 

(1) prescribe forms necessary to implement this Act; 

(2) prepare, publish, and furnish to all persons required to 

file reports and statements under this Act a manual recommending uniform methods of bookkeeping and reporting; 

(3) develop a filing, coding, and cross-indexing system consistent with the purposes of this Act; 

(4) within 48 hours after the time of the receipt by the Commission of reports and statements filed with it, make them 

available for public inspection, and copying, at the expense of 

the person requesting such copying, except that any information copied from such reports or statements may not be sold or 

used by any person for the purpose of soliciting contributions 


dlhill on DSK3GLQ082PROD with HEARING
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or for commercial purposes, other than using the name and address of any political committee to solicit contributions from 

such committee. A political committee may submit 10 pseudonyms on each report filed in order to protect against the illegal 

use of names and addresses of contributors, provided such committee attaches a list of such pseudonyms to the appropriate 

report. The Secretary or the Commission shall exclude these 

lists from the public record; 

(5) keep such designations, reports, and statements for a period of 10 years from the date of receipt, except that designations, reports, and statements that relate solely to candidates 

for the House of Representatives shall be kept for 5 years from 

the date of their receipt; 

(6)(A) compile and maintain a cumulative index of designations, reports, and statements filed under this Act, which index 

shall be published at regular intervals and made available for 

purchase directly or by mail; 

(B) compile, maintain, and revise a separate cumulative 

index of reports and statements filed by multi-candidate committees, including in such index a list of multi-candidate committees; and 

(C) compile and maintain a list of multi-candidate committees, which shall be revised and made available monthly; 

(7) prepare and publish periodically lists of authorized committees which fail to file reports as required by this Act; 

(8) prescribe rules, regulations, and forms to carry out the 

provisions of this Act, in accordance with the provisions of subsection (d); and 

(9) transmit to the President and to each House of the Congress no later than June 1 of each year, a report which states 

in detail the activities of the Commission in carrying out its 

duties under this Act, and any recommendations for any legislative or other action the Commission considers appropriate. 

(b) The Commission may conduct audits and field investigations 

of any political committee required to file a report under section 

304 of this Act. All audits and field investigations concerning the 

verification for, and receipt and use of, any payments received by 

a candidate or committee under chapter 95 or chapter 96 of the Internal Revenue Code of 1954 shall be given priority. Prior to conducting any audit under this subsection, the Commission shall perform an internal review of reports filed by selected committees to 

determine if the reports filed by a particular committee meet the 

threshold requirements for substantial compliance with the Act. 

Such thresholds for compliance shall be established by the Commission. The Commission may, upon an øaffirmative vote of 4 of 

its members¿ affirmative vote of a majority of the members of the 

Commission who are serving at the time, conduct an audit and field 

investigation of any committee which does not meet the threshold 

requirements established by the Commission. Such audit shall be 

commenced within 30 days of such vote, except that any audit of 

an authorized committee of a candidate, under the provisions of 

this subsection, shall be commenced within 6 months of the election for which such committee is authorized. 

(c) Any forms prescribed by the Commission under subsection 

(a)(1), and any information-gathering activities of the Commission 


dlhill on DSK3GLQ082PROD with HEARING
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under this Act, shall not be subject to the provisions of section 3512 

of title 44, United States Code. 

(d)(1) Before prescribing any rule, regulation, or form under this 

section or any other provision of this Act, the Commission shall 

transmit a statement with respect to such rule, regulation, or form 

to the Senate and the House of Representatives, in accordance with 

this subsection. Such statement shall set forth the proposed rule, 

regulation, or form, and shall contain a detailed explanation and 

justification of it. 

(2) If either House of the Congress does not disapprove by resolution any proposed rule or regulation submitted by the Commission 

under this section within 30 legislative days after the date of the 

receipt of such proposed rule or regulation or within 10 legislative 

days after the date of receipt of such proposed form, the Commission may prescribe such rule, regulation, or form. 

(3) For purposes of this subsection, the term ‘‘legislative day’’ 

means, with respect to statements transmitted to the Senate, any 

calendar day on which the Senate is in session, and with respect 

to statements transmitted to the House of Representatives, any calendar day on which the House of Representatives is in session. 

(4) For purposes of this subsection, the terms ‘‘rule’’ and ‘‘regulation’’ mean a provision or series of interrelated provisions stating 

a single, separable rule of law. 

(5)(A) A motion to discharge a committee of the Senate from the 

consideration of a resolution relating to any such rule, regulation, 

or form or a motion to proceed to the consideration of such a resolution, is highly privileged and shall be decided without debate. 

(B) Whenever a committee of the House of Representatives reports any resolution relating to any such form, rule or regulation, 

it is at any time thereafter in order (even though a previous motion 

to the same effect has been disagreed to) to move to proceed to the 

consideration of the resolution. The motion is highly privileged and 

is not debatable. An amendment to the motion is not in order, and 

is not in order to move to reconsider the vote by which the motion 

is agreed to or disagreed with. 

(e) Notwithstanding any other provision of law, any person who 

relies upon any rule or regulation prescribed by the Commission in 

accordance with the provisions of this section and who acts in good 

faith in accordance with such rule or regulation shall not, as a result of such act, be subject to any sanction provided by this Act or 

by chapter 95 or chapter 96 of the Internal Revenue Code of 1954. 

(f) In prescribing such rules, regulations, and forms under this 

section, the Commission and the Internal Revenue Service shall 

consult and work together to promulgate rules, regulations, and 

forms which are mutually consistent. The Commission shall report 

to the Congress annually on the steps it has taken to comply with 

this section. 

* * * * * * * 

SEC. 313. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES. 

(a) PERMITTED USES.—A contribution accepted by a candidate, 

and any other donation received by an individual as support for activities of the individual as a holder of Federal office, may be used 

by the candidate or individual— 


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(1) for otherwise authorized expenditures in connection with 

the campaign for Federal office of the candidate or individual; 

(2) for ordinary and necessary expenses incurred in connection with duties of the individual as a holder of Federal office; 

(3) for contributions to an organization described in section 

170(c) of the Internal Revenue Code of 1986; or 

(4) for transfers, without limitation, to a national, State, or 

local committee of a political party. 

(b) PROHIBITED USE.— 

(1) IN GENERAL.—A contribution or donation described in 

subsection (a) shall not be converted by any person to personal 

use. 

(2) CONVERSION.—For the purposes of paragraph (1), a contribution or donation shall be considered to be converted to 

personal use if the contribution or amount is used to fulfill any 

commitment, obligation, or expense of a person that would 

exist irrespective of the candidate’s election campaign or individual’s duties as a holder of Federal office, including— 

(A) a home mortgage, rent, or utility payment; 

(B) a clothing purchase; 

(C) a noncampaign-related automobile expense; 

(D) a country club membership; 

(E) a vacation or other noncampaign-related trip; 

(F) a household food item; 

(G) a tuition payment; 

(H) admission to a sporting event, concert, theater, or 

other form of entertainment not associated with an election campaign; and 

(I) dues, fees, and other payments to a health club or 

recreational facility. 

(c) RESTRICTIONS ON USE OF CAMPAIGN FUNDS FOR FLIGHTS ON

NONCOMMERCIAL AIRCRAFT.— 

(1) IN GENERAL.—Notwithstanding any other provision of 

this Act, a candidate for election for Federal office (other than 

a candidate who is subject to paragraph (2)), or any authorized 

committee of such a candidate, may not make any expenditure 

for a flight on an aircraft unless— 

(A) the aircraft is operated by an air carrier or commercial operator certificated by the Federal Aviation Administration and the flight is required to be conducted under air 

carrier safety rules, or, in the case of travel which is 

abroad, by an air carrier or commercial operator certificated by an appropriate foreign civil aviation authority 

and the flight is required to be conducted under air carrier 

safety rules; or 

(B) the candidate, the authorized committee, or other political committee pays to the owner, lessee, or other person 

who provides the airplane the pro rata share of the fair 

market value of such flight (as determined by dividing the 

fair market value of the normal and usual charter fare or 

rental charge for a comparable plane of comparable size by 

the number of candidates on the flight) within a commercially reasonable time frame after the date on which the 

flight is taken. 


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(2) HOUSE CANDIDATES.—Notwithstanding any other provision of this Act, in the case of a candidate for election for the 

office of Representative in, or Delegate or Resident Commissioner to, the Congress, an authorized committee and a leadership PAC of the candidate may not make any expenditure for 

a flight on an aircraft unless— 

(A) the aircraft is operated by an air carrier or commercial operator certificated by the Federal Aviation Administration and the flight is required to be conducted under air 

carrier safety rules, or, in the case of travel which is 

abroad, by an air carrier or commercial operator certificated by an appropriate foreign civil aviation authority 

and the flight is required to be conducted under air carrier 

safety rules; or 

(B) the aircraft is operated by an entity of the Federal 

government or the government of any State. 

(3) EXCEPTION FOR AIRCRAFT OWNED OR LEASED BY CAN- DIDATE.— 

(A) IN GENERAL.—Paragraphs (1) and (2) do not apply to 

a flight on an aircraft owned or leased by the candidate involved or an immediate family member of the candidate 

(including an aircraft owned by an entity that is not a public corporation in which the candidate or an immediate 

family member of the candidate has an ownership interest), so long as the candidate does not use the aircraft 

more than the candidate’s or immediate family member’s 

proportionate share of ownership allows. 

(B) IMMEDIATE FAMILY MEMBER DEFINED.—In this subparagraph (A), the term ‘‘immediate family member’’ 

means, with respect to a candidate, a father, mother, son, 

daughter, brother, sister, husband, wife, father-in-law, or 

mother-in-law. 

(4) LEADERSHIP PAC DEFINED.—In this subsection, the term 

‘‘leadership PAC’’ has the meaning given such term in section 

304(i)(8)(B). 

(d) RESTRICTIONS ON PERMITTED USES OF FUNDS BY CANDIDATES

RECEIVING SMALL DOLLAR FINANCING.—Notwithstanding paragraph (2), (3), or (4) of subsection (a), if a candidate for election for 

the office of Representative in, or Delegate or Resident Commissioner to, the Congress is certified as a participating candidate 

under title V with respect to the election, any contribution which the 

candidate is permitted to accept under such title may be used only 

for authorized expenditures in connection with the candidate’s campaign for such office, subject to section 503(b). 

(e) TREATMENT OF PAYMENTS FOR CHILD CARE AND OTHER PERSONAL USE SERVICES AS AUTHORIZED CAMPAIGN EXPENDITURE.— 

(1) AUTHORIZED EXPENDITURES.—For purposes of subsection 

(a), the payment by an authorized committee of a candidate for 

any of the personal use services described in paragraph (3) 

shall be treated as an authorized expenditure if the services are 

necessary to enable the participation of the candidate in campaign-connected activities. 

(2) LIMITATIONS.— 

(A) LIMIT ON TOTAL AMOUNT OF PAYMENTS.—The total 

amount of payments made by an authorized committee of 


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a candidate for personal use services described in paragraph (3) may not exceed the limit which is applicable 

under any law, rule, or regulation on the amount of payments which may be made by the committee for the salary 

of the candidate (without regard to whether or not the committee makes payments to the candidate for that purpose). 

(B) CORRESPONDING REDUCTION IN AMOUNT OF SALARY

PAID TO CANDIDATE.—To the extent that an authorized committee of a candidate makes payments for the salary of the 

candidate, any limit on the amount of such payments 

which is applicable under any law, rule, or regulation shall 

be reduced by the amount of any payments made to or on 

behalf of the candidate for personal use services described 

in paragraph (3), other than personal use services described 

in subparagraph (E) of such paragraph. 

(C) EXCLUSION OF CANDIDATES WHO ARE OFFICE- HOLDERS.—Paragraph (1) does not apply with respect to an 

authorized committee of a candidate who is a holder of 

Federal office. 

(3) PERSONAL USE SERVICES DESCRIBED.—The personal use 

services described in this paragraph are as follows: 

(A) Child care services. 

(B) Elder care services. 

(C) Services similar to the services described in subparagraph (A) or subparagraph (B) which are provided on behalf of any dependent who is a qualifying relative under 

section 152 of the Internal Revenue Code of 1986. 

(D) Dues, fees, and other expenses required to maintain 

an license or similar requirement related to an individual’s 

profession. 

(E) Costs associated with health insurance coverage. 

* * * * * * * 

LIMITATIONS ON CONTRIBUTIONS AND EXPENDITURES

SEC. 315. (a)(1) Except as provided in subsection (i) and section 

315A, no person shall make contributions— 

(A) to any candidate and his authorized political committees 

with respect to any election for Federal office which, in the aggregate, exceed $2,000; 

(B) to the political committees established and maintained 

by a national political party, which are not the authorized political committees of any candidate, in any calendar year 

which, in the aggregate, exceed $25,000, or, in the case of contributions made to any of the accounts described in paragraph 

(9), exceed 300 percent of the amount otherwise applicable 

under this subparagraph with respect to such calendar year; 

(C) to any other political committee (other than a committee 

described in subparagraph (D)) in any calendar year which, in 

the aggregate, exceed $5,000; or 

(D) to a political committee established and maintained by a 

State committee of a political party in any calendar year 

which, in the aggregate, exceed $10,000. 

(2) No multicandidate political committee shall make contributions— 


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(A) to any candidate and his authorized political committees 

with respect to any election for Federal office which, in the aggregate, exceed $5,000; 

(B) to the political committees established and maintained 

by a national political party, which are not the authorized political committees of any candidate, in any calendar year, 

which, in the aggregate, exceed $15,000, or, in the case of contributions made to any of the accounts described in paragraph 

(9), exceed 300 percent of the amount otherwise applicable 

under this subparagraph with respect to such calendar year; or 

(C) to any other political committee in any calendar year which, in the aggregate, exceed $5,000. 

(3) During the period which begins on January 1 of an odd-numbered year and ends on December 31 of the next even-numbered 

year, no individual may make contributions aggregating more 

than— 

(A) $37,500, in the case of contributions to candidates and 

the authorized committees of candidates; 

(B) $57,500, in the case of any other contributions, of which not more than $37,500 may be attributable to contributions to 

political committees which are not political committees of national political parties. 

(4) The limitations on contributions contained in paragraphs (1) 

and (2) do not apply to transfers between and among political committees which are national, State, district, or local committees (including any subordinate committee thereof) of the same political 

party. For purposes of paragraph (2), the term ‘‘multicandidate political committee’’ means a political committee which has been registered under section 303 for a period of not less than 6 months, 

which has received contributions from more than 50 persons, and, 

except for any State political party organization, has made contributions to 5 or more candidates for Federal office. 

(5) For purposes of the limitations provided by paragraph (1) and 

paragraph (2), all contributions made by political committees established or financed or maintained or controlled by any corporation, 

labor organization, or any other person, including any parent, subsidiary, branch, division, department, or local unit of such corporation, labor organization, or any other person, or by any group of 

such persons, shall be considered to have been made by a single political committee, except that (A) nothing in this sentence shall 

limit transfers between political committees of funds raised 

through joint fund raising efforts; (B) for purposes of the limitations provided by paragraph (1) and paragraph (2) all contributions 

made by a single political committee established or financed or 

maintained or controlled by a national committee of a political 

party and by a single political committee established or financed or 

maintained or controlled by the State committee of a political party 

shall not be considered to have been made by a single political committee; and (C) nothing in this section shall limit the transfer of 

funds between the principal campaign committee of a candidate 

seeking nomination or election to a Federal office and the principal 

campaign committee of that candidate for nomination or election to 

another Federal office if (i) such transfer is not made when the candidate is actively seeking nomination or election to both such offices; (ii) the limitations contained in this Act on contributions by 


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persons are not exceeded by such transfer; and (iii) the candidate 

has not elected to receive any funds under chapter 95 or chapter 

96 of the Internal Revenue Code of 1954. In any case in which a 

corporation and any of its subsidiaries, branches, divisions, departments, or local units, or a labor organization and any of its subsidiaries, branches, divisions, departments, or local units establish or 

finance or maintain or control more than one separate segregated 

fund, all such separate segregated funds shall be treated as a single segregated fund for purposes of the limitations provided by 

paragraph (1) and paragraph (2). 

(6) The limitations on contributions to a candidate imposed by 

paragraphs (1) and (2) of this subsection shall apply separately 

with respect to each election, except that all elections held in any 

øcalendar year¿ four-year election cycle for the office of President 

of the United States (except a general election for such office) shall 

be considered to be one election. 

(7) For purposes of this subsection— 

(A) contributions to a named candidate made to any political 

committee authorized by such candidate to accept contributions 

on his behalf shall be considered to be contributions made to 

such candidate; 

(B)(i) expenditures made by any person in cooperation, consultation, or concert, with, or at the request or suggestion of, 

a candidate, his authorized political committees, or their 

agents shall be considered to be a contribution to such candidate; 

(ii) expenditures made by any person (other than a candidate 

or candidate’s authorized committee) in cooperation, consultation, or concert with, or at the request or suggestion of, a national, State, or local committee of a political party, shall be 

considered to be contributions made to such party committee; 

and 

(iii) the financing by any person of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written, graphic, or other form of campaign materials prepared by the candidate, his campaign committees, or 

their authorized agents shall be considered to be an expenditure for purposes of this paragraph; and 

(C) if— 

(i) any person makes, or contracts to make, any disbursement for any electioneering communication (within 

the meaning of section 304(f)(3)); and 

(ii) such disbursement is coordinated with a candidate or 

an authorized committee of such candidate, a Federal, 

State, or local political party or committee thereof, or an 

agent or official of any such candidate, party, or committee; 

such disbursement or contracting shall be treated as a contribution to the candidate supported by the electioneering communication or that candidate’s party and as an expenditure by 

that candidate or that candidate’s party; and 

(D) contributions made to or for the benefit of any candidate 

nominated by a political party for election to the office of Vice 

President of the United States shall be considered to be contributions made to or for the benefit of the candidate of such 


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party for election to the office of President of the United 

States. 

(8) For purposes of the limitations imposed by this section, all 

contributions made by a person, either directly or indirectly, on behalf of a particular candidate, including contributions which are in 

any way earmarked or otherwise directed through an intermediary 

or conduit to such candidate, shall be treated as contributions from 

such person to such candidate. The intermediary or conduit shall 

report the original source and the intended recipient of such contribution to the Commission and to the intended recipient. 

(9) An account described in this paragraph is any of the following 

accounts: 

(A) A separate, segregated account of a national committee 

of a political party (other than a national congressional campaign committee of a political party) which is used solely to defray expenses incurred with respect to a presidential nominating convention (including the payment of deposits) or to 

repay loans the proceeds of which were used to defray such expenses, or otherwise to restore funds used to defray such expenses, except that the aggregate amount of expenditures the 

national committee of a political party may make from such account may not exceed $20,000,000 with respect to any single 

convention. 

(B) A separate, segregated account of a national committee 

of a political party (including a national congressional campaign committee of a political party) which is used solely to defray expenses incurred with respect to the construction, purchase, renovation, operation, and furnishing of one or more 

headquarters buildings of the party or to repay loans the proceeds of which were used to defray such expenses, or otherwise 

to restore funds used to defray such expenses (including expenses for obligations incurred during the 2-year period which 

ends on the date of the enactment of this paragraph). 

(C) A separate, segregated account of a national committee 

of a political party (including a national congressional campaign committee of a political party) which is used to defray 

expenses incurred with respect to the preparation for and the 

conduct of election recounts and contests and other legal proceedings. 

(10) In the case of a multicandidate political committee or any political committee of a political party, the committee may make a 

contribution to a candidate who is a participating candidate under 

title V with respect to an election only if the contribution is paid 

from a separate, segregated account of the committee which consists 

solely of contributions which meet the following requirements: 

(A) Each such contribution is in an amount which meets the 

requirements for the amount of a qualified small dollar contribution under section 504(a)(1) with respect to the election involved. 

(B) Each such contribution is made by an individual who is 

not otherwise prohibited from making a contribution under this 

Act. 

(C) The individual who makes the contribution does not make 

contributions to the committee during the year in an aggregate 

amount that exceeds the limit described in section 504(a)(1). 


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ø(b)(1) No candidate for the office of President of the United 

States who is eligible under section 9003 of the Internal Revenue 

Code of 1954 (relating to condition for eligibility for payments) or 

under section 9033 of the Internal Revenue Code of 1954 (relating 

to eligibility for payments) to receive payments from the Secretary 

of the Treasury may make expenditures in excess of— 

ø(A) $10,000,000, in the case of a campaign for nomination 

for election to such office, except the aggregate of expenditures 

under this subparagraph in any one State shall not exceed the 

greater of 16 cents multiplied by the voting age population of 

the State (as certified under subsection (e)), or $200,000; or 

ø(B) $20,000,000 in the case of a campaign for election to 

such office. 

ø(2) For purposes of this subsection— 

ø(A) expenditures made by or on behalf of any candidate 

nominated by a political party for election to the office of Vice 

President of the United States shall be considered to be expenditures made by or on behalf of the candidate of such party 

for election to the office of President of the United States; and 

ø(B) an expenditure is made on behalf of a candidate, including a vice presidential candidate, if it is made by— 

ø(i) an authorized committee or any other agent of the 

candidate for purposes of making any expenditure; or 

ø(ii) any person authorized or requested by the candidate, an authorized committee of the candidate, or an 

agent of the candidate to make the expenditures.¿ 

(c)(1)(A) At the beginning of each calendar year (commencing in 

1976), as there become available necessary data from the Bureau 

of Labor Statistics of the Department of Labor, the Secretary of 

Labor shall certify to the Commission and publish in the Federal 

Register the percent difference between the price index for the 12 

months preceding the beginning of such calendar year and the 

price index for the base period. 

(B) Except as provided in subparagraph (C), in any calendar year 

after 2002— 

(i) a limitation established by subsections (a)(1)(A), (a)(1)(B), 

(a)(3)ø, (b)¿, (d)(2), or (h) shall be increased by the percent difference determined under subparagraph (A); 

(ii) each amount so increased shall remain in effect for the 

calendar year; and 

(iii) if any amount after adjustment under clause (i) is not 

a multiple of $100, such amount shall be rounded to the nearest multiple of $100. 

(C) In the case of limitations under subsections (a)(1)(A), 

(a)(1)(B), (a)(3), and (h), increases shall only be made in odd-numbered years and such increases shall remain in effect for the 2-year 

period beginning on the first day following the date of the last general election in the year preceding the year in which the amount 

is increased and ending on the date of the next general election. 

(D) In any calendar year after 2028— 

(i) the dollar amount in subsection (d)(2) shall be increased 

by the percent difference determined under subparagraph (A); 

(ii) the amount so increased shall remain in effect for the calendar year; and 


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(iii) if the amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest 

multiple of $100. 

(2) For purposes of paragraph (1)— 

(A) the term ‘‘price index’’ means the average over a calendar 

year of the Consumer Price Index (all items—United States 

city average) published monthly by the Bureau of Labor Statistics; and 

(B) the term ‘‘base period’’ means— 

(i) for purposes of øsubsections (b) and (d)¿ subsection 

(d)(3), calendar year 1974; øand¿ 

(ii) for purposes of subsections (a)(1)(A), (a)(1)(B), (a)(3), 

and (h), calendar year 2001ø.¿; and 

(iii) for purposes of subsection (d)(2), calendar year 2027. 

(d)(1) Notwithstanding any other provision of law with respect to 

limitations on expenditures or limitations on contributions, the national committee of a political party and a State committee of a political party, including any subordinate committee of a State committee, may make expenditures in connection with the general election campaign of candidates for Federal office, subject to the limitations contained in paragraphs (2), (3), and (4) of this subsection. 

ø(2) The national committee of a political party may not make 

any expenditure in connection with the general election campaign 

of any candidate for President of the United States who is affiliated 

with such party which exceeds an amount equal to 2 cents multiplied by the voting age population of the United States (as certified 

under subsection (e)). Any expenditure under this paragraph shall 

be in addition to any expenditure by a national committee of a political party serving as the principal campaign committee of a candidate for the office of President of the United States.¿ 

(2)(A) The national committee of a political party may not make 

any expenditure in connection with the general election campaign of 

any candidate for President of the United States who is affiliated 

with such party which exceeds $100,000,000. 

(B) For purposes of this paragraph— 

(i) any expenditure made by or on behalf of a national committee of a political party and in connection with a Presidential 

election shall be considered to be made in connection with the 

general election campaign of a candidate for President of the 

United States who is affiliated with such party; and 

(ii) any communication made by or on behalf of such party 

shall be considered to be made in connection with the general 

election campaign of a candidate for President of the United 

States who is affiliated with such party if any portion of the 

communication is in connection with such election. 

(C) Any expenditure under this paragraph shall be in addition to 

any expenditure by a national committee of a political party serving 

as the principal campaign committee of a candidate for the office of 

President of the United States. 

(3) øThe national committee¿ Except as provided in paragraph 

(5), the national committee of a political party, or a State committee 

of a political party, including any subordinate committee of a State 

committee, may not make any expenditure in connection with the 

general election campaign of a candidate for Federal office in a 

State who is affiliated with such party which exceeds— 


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(A) in the case of a candidate for election to the office of Senator, or of Representative from a State which is entitled to only 

one Representative, the greater of— 

(i) 2 cents multiplied by the voting age population of the 

State (as certified under subsection (e)); or 

(ii) $20,000; and 

(B) in the case of a candidate for election to the office of Representative, Delegate, or Resident Commissioner in any other 

State, $10,000. 

(4) INDEPENDENT VERSUS COORDINATED EXPENDITURES BY

PARTY.— 

(A) IN GENERAL.—On or after the date on which a political party nominates a candidate, no committee of the political party may make— 

(i) any coordinated expenditure under this subsection with respect to the candidate during the election cycle at any time after it makes any independent 

expenditure (as defined in section 301(17)) with respect to the candidate during the election cycle; or 

(ii) any independent expenditure (as defined in section 301(17)) with respect to the candidate during the 

election cycle at any time after it makes any coordinated expenditure under this subsection with respect 

to the candidate during the election cycle. 

(B) APPLICATION.—For purposes of this paragraph, all 

political committees established and maintained by a national political party (including all congressional campaign 

committees) and all political committees established and 

maintained by a State political party (including any subordinate committee of a State committee) shall be considered 

to be a single political committee. 

(C) TRANSFERS.—A committee of a political party that 

makes coordinated expenditures under this subsection 

with respect to a candidate shall not, during an election 

cycle, transfer any funds to, assign authority to make coordinated expenditures under this subsection to, or receive 

a transfer of funds from, a committee of the political party 

that has made or intends to make an independent expenditure with respect to the candidate. 

(5) The limitations contained in paragraphs (2), (3), and (4) of 

this subsection shall not apply to expenditures made from any of 

the accounts described in subsection (a)(9). 

(5) The limits described in paragraph (3) do not apply in the case 

of expenditures in connection with the general election campaign of 

a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress who is a participating candidate under title V with respect to the election, but only if— 

(A) the expenditures are paid from a separate, segregated account of the committee which is described in subsection (a)(9); 

and 

(B) the expenditures are the sole source of funding provided 

by the committee to the candidate. 

(e) During the first week of January 1975, and every subsequent 

year, the Secretary of Commerce shall certify to the Commission 

and publish in the Federal Register an estimate of the voting age 


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population of the United States, of each State, and of each congressional district as of the first day of July next preceding the date 

of certification. The term ‘‘voting age population’’ means resident 

population, 18 years of age or older. 

(f) No candidate or political committee shall knowingly accept 

any contribution or make any expenditure in violation of the provisions of this section. No officer or employee of a political committee 

shall knowingly accept a contribution made for the benefit or use 

of a candidate, or knowingly make any expenditure on behalf of a 

candidate, in violation of any limitation imposed on contributions 

and expenditures under this section. 

(g) The Commission shall prescribe rules under which any expenditure by a candidate for presidential nominations for use in 2 

or more States shall be attributed to such candidate’s expenditure 

limitation in each such State, based on the voting age population 

in such State which can reasonably be expected to be influenced by 

such expenditure. 

(h) Notwithstanding any other provision of this Act, amounts totaling not more than $35,000 may be contributed to a candidate for 

nomination for election, or for election, to the United States Senate 

during the year in which an election is held in which he is such 

a candidate, by the Republican or Democratic Senatorial Campaign 

Committee, or the national committee of a political party, or any 

combination of such committees. 

(i) INCREASED LIMIT TO ALLOW RESPONSE TO EXPENDITURES

FROM PERSONAL FUNDS.— 

(1) INCREASE.— 

(A) IN GENERAL.—Subject to paragraph (2), if the opposition personal funds amount with respect to a candidate for 

election to the office of Senator exceeds the threshold 

amount, the limit under subsection (a)(1)(A) (in this subsection referred to as the ‘‘applicable limit’’) with respect 

to that candidate shall be the increased limit. 

(B) THRESHOLD AMOUNT.— 

(i) STATE-BY-STATE COMPETITIVE AND FAIR CAMPAIGN

FORMULA.—In this subsection, the threshold amount 

with respect to an election cycle of a candidate described in subparagraph (A) is an amount equal to the 

sum of— 

(I) $150,000; and 

(II) $0.04 multiplied by the voting age population. 

(ii) VOTING AGE POPULATION.—In this subparagraph, 

the term ‘‘voting age population’’ means in the case of 

a candidate for the office of Senator, the voting age 

population of the State of the candidate (as certified 

under section 315(e)). 

(C) INCREASED LIMIT.—Except as provided in clause (ii), 

for purposes of subparagraph (A), if the opposition personal funds amount is over— 

(i) 2 times the threshold amount, but not over 4 

times that amount— 

(I) the increased limit shall be 3 times the applicable limit; and 


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(II) the limit under subsection (a)(3) shall not 

apply with respect to any contribution made with 

respect to a candidate if such contribution is made 

under the increased limit of subparagraph (A) 

during a period in which the candidate may accept 

such a contribution; 

(ii) 4 times the threshold amount, but not over 10 

times that amount— 

(I) the increased limit shall be 6 times the applicable limit; and 

(II) the limit under subsection (a)(3) shall not 

apply with respect to any contribution made with 

respect to a candidate if such contribution is made 

under the increased limit of subparagraph (A) 

during a period in which the candidate may accept 

such a contribution; and 

(iii) 10 times the threshold amount— 

(I) the increased limit shall be 6 times the applicable limit; 

(II) the limit under subsection (a)(3) shall not 

apply with respect to any contribution made with 

respect to a candidate if such contribution is made 

under the increased limit of subparagraph (A) 

during a period in which the candidate may accept 

such a contribution; and 

(III) the limits under subsection (d) with respect 

to any expenditure by a State or national committee of a political party shall not apply. 

(D) OPPOSITION PERSONAL FUNDS AMOUNT.—The opposition personal funds amount is an amount equal to the excess (if any) of— 

(i) the greatest aggregate amount of expenditures 

from personal funds (as defined in section 304(a)(6)(B)) 

that an opposing candidate in the same election 

makes; over 

(ii) the aggregate amount of expenditures from personal funds made by the candidate with respect to the 

election. 

(E) SPECIAL RULE FOR CANDIDATE’S CAMPAIGN FUNDS.— (i) IN GENERAL.—For purposes of determining the 

aggregate amount of expenditures from personal funds 

under subparagraph (D)(ii), such amount shall include 

the gross receipts advantage of the candidate’s authorized committee. 

(ii) GROSS RECEIPTS ADVANTAGE.—For purposes of 

clause (i), the term ‘‘gross receipts advantage’’ means 

the excess, if any, of— 

(I) the aggregate amount of 50 percent of gross 

receipts of a candidate’s authorized committee 

during any election cycle (not including contributions from personal funds of the candidate) that 

may be expended in connection with the election, 

as determined on June 30 and December 31 of the 

year preceding the year in which a general election is held, over 


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(II) the aggregate amount of 50 percent of gross 

receipts of the opposing candidate’s authorized 

committee during any election cycle (not including 

contributions from personal funds of the candidate) that may be expended in connection with 

the election, as determined on June 30 and December 31 of the year preceding the year in which 

a general election is held. 

(2) TIME TO ACCEPT CONTRIBUTIONS UNDER INCREASED

LIMIT.— 

(A) IN GENERAL.—Subject to subparagraph (B), a candidate and the candidate’s authorized committee shall not 

accept any contribution, and a party committee shall not 

make any expenditure, under the increased limit under 

paragraph (1)— 

(i) until the candidate has received notification of 

the opposition personal funds amount under section 

304(a)(6)(B); and 

(ii) to the extent that such contribution, when added 

to the aggregate amount of contributions previously 

accepted and party expenditures previously made 

under the increased limits under this subsection for 

the election cycle, exceeds 110 percent of the opposition personal funds amount. 

(B) EFFECT OF WITHDRAWAL OF AN OPPOSING CANDIDATE.—A candidate and a candidate’s authorized committee shall not accept any contribution and a party shall 

not make any expenditure under the increased limit after 

the date on which an opposing candidate ceases to be a 

candidate to the extent that the amount of such increased 

limit is attributable to such an opposing candidate. 

(3) DISPOSAL OF EXCESS CONTRIBUTIONS.— 

(A) IN GENERAL.—The aggregate amount of contributions 

accepted by a candidate or a candidate’s authorized committee under the increased limit under paragraph (1) and 

not otherwise expended in connection with the election 

with respect to which such contributions relate shall, not 

later than 50 days after the date of such election, be used 

in the manner described in subparagraph (B). 

(B) RETURN TO CONTRIBUTORS.—A candidate or a candidate’s authorized committee shall return the excess contribution to the person who made the contribution. 

(j) LIMITATION ON REPAYMENT OF PERSONAL LOANS.—Any candidate who incurs personal loans made after the effective date of 

the Bipartisan Campaign Reform Act of 2002 in connection with 

the candidate’s campaign for election shall not repay (directly or indirectly), to the extent such loans exceed $250,000, such loans from 

any contributions made to such candidate or any authorized committee of such candidate after the date of such election. 

* * * * * * * 


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CONTRIBUTIONS OR EXPENDITURES BY NATIONAL BANKS, 

CORPORATIONS, OR LABOR ORGANIZATIONS

SEC. 316. (a) It is unlawful for any national bank, or any corporation organized by authority of any law of Congress, to make a contribution or expenditure in connection with any election to any political office, or in connection with any primary election or political 

convention or caucus held to select candidates for any political office, or for any corporation whatever, or any labor organization, to 

make a contribution or expenditure in connection with any election 

at which presidential and vice presidential electors or a Senator or 

Representative in, or a Delegate or Resident Commissioner to, Congress are to be voted for, or in connection with any primary election 

or political convention or caucus held to select candidates for any 

of the foregoing offices, or for any candidate, political committee, or 

other person knowingly to accept or receive any contribution prohibited by this section, or any officer or any director of any corporation or any national bank or any officer of any labor organization 

to consent to any contribution or expenditure by the corporation, 

national bank, or labor organization, as the case may be, prohibited 

by this section. 

(b)(1) For the purposes of this section the term ‘‘labor organization’’ means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of 

dealing with employers concerning grievances, labor disputes, 

wages, rates of pay, hours of employment, or conditions of work. 

(2) For purposes of this section and section 12(h) of the Public 

Utility Holding Company Act (15 U.S.C. 79l(h)), the term ‘‘contribution or expenditure’’ includes a contribution or expenditure, as 

those terms are defined in section 301, and also includes any direct 

or indirect payment, distribution, loan, advance, deposit, or gift of 

money, or any services, or anything of value (except a loan of 

money by a national or State bank made in accordance with the 

applicable banking laws and regulations and in the ordinary course 

of business) to any candidate, campaign committee, or political 

party or organization, in connection with any election to any of the 

offices referred to in this section or for any applicable electioneering communication, but shall not include (A) communications by 

a corporation to its stockholders and executive or administrative 

personnel and their families or by a labor organization to its members and their families on any subject; (B) nonpartisan registration 

and get-out-the-vote campaigns by a corporation aimed at its stockholders and executive or administrative personnel and their families, or by a labor organization aimed at its members and their 

families; and (C) the establishment, administration, and solicitation 

of contributions to a separate segregated fund to be utilized for political purposes by a corporation, labor organization, membership 

organization, cooperative, or corporation without capital stock. 

(3) It shall be unlawful— 

(A) for such a fund to make a contribution or expenditure by 

utilizing money or anything of value secured by physical force, 

job discrimination, financial reprisals, or the threat of force, job 

discrimination, or financial reprisal; or by dues, fees, or other 

moneys required as a condition of membership in a labor orgaVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00333 Fmt 6659 Sfmt 6601 E:\HR\OC\HR015P1.XXX HR015P1

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nization or as a condition of employment, or by moneys obtained in any commercial transaction; 

(B) for any person soliciting an employee for a contribution 

to such a fund to fail to inform such employee of the political 

purposes of such fund at the time of such solicitation; and 

(C) for any person soliciting an employee for a contribution 

to such a fund to fail to inform such employee, at the time of 

such solicitation, of his right to refuse to so contribute without 

any reprisal. 

(4)(A) Except as provided in subparagraphs (B), (C), and (D), it 

shall be unlawful— 

(i) for a corporation, or a separate segregated fund established by a corporation, to solicit contributions to such a fund 

from any person other than its stockholders and their families 

and its executive or administrative personnel and their families, and 

(ii) for a labor organization, or a separate segregated fund established by a labor organization, to solicit contributions to 

such a fund from any person other than its members and their 

families. 

(B) It shall not be unlawful under this section for a corporation, 

a labor organization, or a separate segregated fund established by 

such corporation or such labor organization, to make 2 written solicitations for contributions during the calendar year from any 

stockholder, executive or administrative personnel, or employee of 

a corporation or the families of such persons. A solicitation under 

this subparagraph may be made only by mail addressed to stockholders, executive or administrative personnel, or employees at 

their residence and shall be so designed that the corporation, labor 

organization, or separate segregated fund conducting such solicitation cannot determine who makes a contribution of $50 or less as 

a result of such solicitation and who does not make such a contribution. 

(C) This paragraph shall not prevent a membership organization, 

cooperative, or corporation without capital stock, or a separate segregated fund established by a membership organization, cooperative, or corporation without capital stock, from soliciting contributions to such a fund from members of such organizations, cooperative, or corporation without capital stock. 

(D) This paragraph shall not prevent a trade association or a separate segregated fund established by a trade association from soliciting contributions from the stockholders and executive or administrative personnel of the member corporations of such trade association and the families of such stockholders or personnel to the extent that such solicitation of such stockholders and personnel, and 

their families, has been separately and specifically approved by the 

member corporation involved, and such member corporation does 

not approve any such solicitation by more than one such trade association in any calendar year. 

(5) Notwithstanding any other law, any method of soliciting voluntary contributions or of facilitating the making of voluntary contributions to a separate segregated fund established by a corporation, permitted by law to corporations with regard to stockholders 

and executive or administrative personnel, shall also be permitted 

to labor organizations with regard to their members. 


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(6) Any corporation, including its subsidiaries, branches, divisions, and affiliates, that utilizes a method of soliciting voluntary 

contributions or facilitating the making of voluntary contributions, 

shall make available such method, on written request and at a cost 

sufficient only to reimburse the corporation for the expenses incurred thereby, to a labor organization representing any members 

working for such corporation, its subsidiaries, branches, divisions, 

and affiliates. 

(7) For purposes of this section, the term ‘‘executive or administrative personnel’’ means individuals employed by a corporation 

who are paid on a salary, rather than hourly, basis and who have 

policymaking, managerial, professional, or supervisory responsibilities. 

(8) A separate segregated fund established by a corporation may 

not make a contribution or expenditure during a year unless the 

fund has certified to the Commission the following during the year: 

(A) Each individual who manages the fund, and who is responsible for exercising decisionmaking authority for the fund, 

is a citizen of the United States or is lawfully admitted for permanent residence in the United States. 

(B) No foreign national under section 319 participates in any 

way in the decisionmaking processes of the fund with regard to 

contributions or expenditures under this Act. 

(C) The fund does not solicit or accept recommendations from 

any foreign national under section 319 with respect to the contributions or expenditures made by the fund. 

(D) Any member of the board of directors of the corporation 

who is a foreign national under section 319 abstains from voting on matters concerning the fund or its activities. 

(c) RULES RELATING TO ELECTIONEERING COMMUNICATIONS.— 

(1) APPLICABLE ELECTIONEERING COMMUNICATION.—For purposes of this section, the term ‘‘applicable electioneering communication’’ means an electioneering communication (within 

the meaning of section 304(f)(3)) which is made by any entity 

described in subsection (a) of this section or by any other person using funds donated by an entity described in subsection 

(a) of this section. 

(2) EXCEPTION.—Notwithstanding paragraph (1), the term 

‘‘applicable electioneering communication’’ does not include a 

communication by a section 501(c)(4) organization or a political 

organization (as defined in section 527(e)(1) of the Internal 

Revenue Code of 1986) made under section 304(f)(2)(E) or (F) 

of this Act if the communication is paid for exclusively by 

funds provided directly by individuals who are United States 

citizens or nationals or lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and 

Nationality Act (8 U.S.C. 1101(a)(20))). For purposes of the preceding sentence, the term ‘‘provided directly by individuals’’ 

does not include funds the source of which is an entity described in subsection (a) of this section. 

(3) SPECIAL OPERATING RULES.— 

(A) DEFINITION UNDER PARAGRAPH (1).—An electioneering 

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section (a) directly or indirectly disburses any amount for 

any of the costs of the communication. 

(B) EXCEPTION UNDER PARAGRAPH (2).—A section 

501(c)(4) organization that derives amounts from business 

activities or receives funds from any entity described in 

subsection (a) shall be considered to have paid for any 

communication out of such amounts unless such organization paid for the communication out of a segregated account to which only individuals can contribute, as described in section 304(f)(2)(E). 

(4) DEFINITIONS AND RULES.—For purposes of this subsection— 

(A) the term ‘‘section 501(c)(4) organization’’ means— 

(i) an organization described in section 501(c)(4) of 

the Internal Revenue Code of 1986 and exempt from 

taxation under section 501(a) of such Code; or 

(ii) an organization which has submitted an application to the Internal Revenue Service for determination 

of its status as an organization described in clause (i); 

and 

(B) a person shall be treated as having made a disbursement if the person has executed a contract to make the 

disbursement. 

(5) COORDINATION WITH INTERNAL REVENUE CODE.—Nothing 

in this subsection shall be construed to authorize an organization exempt from taxation under section 501(a) of the Internal 

Revenue Code of 1986 to carry out any activity which is prohibited under such Code. 

(6) SPECIAL RULES FOR TARGETED COMMUNICATIONS.— (A) EXCEPTION DOES NOT APPLY.—Paragraph (2) shall 

not apply in the case of a targeted communication that is 

made by an organization described in such paragraph. 

(B) TARGETED COMMUNICATION.—For purposes of subparagraph (A), the term ‘‘targeted communication’’ means 

an electioneering communication (as defined in section 

304(f)(3)) that is distributed from a television or radio 

broadcast station or provider of cable or satellite television 

service and, in the case of a communication which refers 

to a candidate for an office other than President or Vice 

President, is targeted to the relevant electorate. 

(C) DEFINITION.—For purposes of this paragraph, a communication is ‘‘targeted to the relevant electorate’’ if it 

meets the requirements described in section 304(f)(3)(C). 

* * * * * * * 

PUBLICATION AND DISTRIBUTION OF STATEMENTS AND SOLICITATIONS

SEC. 318. (a) Whenever a political committee makes a disbursement for the purpose of øfinancing any communication through any 

broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising¿ financing any public communication (including a telephone 

call consisting in substantial part of a prerecorded audio message), 

or whenever any person makes a disbursement øfor the purpose of 

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feat of a clearly identified candidate¿ for a campaign-related disbursement, as defined in section 324, consisting of a public communication, or øsolicits any contribution through any broadcasting 

station, newspaper, magazine, outdoor advertising facility, mailing, 

or any other type of general public political advertising¿ solicits 

any contribution through any public communication (including a 

telephone call consisting in substantial part of a prerecorded audio 

message) or makes a disbursement for an electioneering communication (as defined in section 304(f)(3)), such communication— 

(1) if paid for and authorized by a candidate, an authorized 

political committee of a candidate, or its agents, øshall clearly 

state¿ shall state in a clear and conspicuous manner that the 

communication has been paid for by such authorized political 

committee, or 

(2) if paid for by other persons but authorized by a candidate, an authorized political committee of a candidate, or its 

agents, øshall clearly state¿ shall state in a clear and conspicuous manner that the communication is paid for by such 

other persons and authorized by such authorized political committee; 

(3) if not authorized by a candidate, an authorized political 

committee of a candidate, or its agents, øshall clearly state¿ 

shall state in a clear and conspicuous manner the name and 

permanent street address, telephone number, or World Wide 

Web address of the person who paid for the communication 

and state that the communication is not authorized by any 

candidate or candidate’s committee. 

For purposes of this section, a communication does not make a 

statement in a clear and conspicuous manner if it is difficult to read 

or hear or if the placement is easily overlooked. 

(b) No person who sells space in a newspaper or magazine to a 

candidate or to the agent of a candidate, for use in connection with 

such candidate’s campaign, may charge any amount for such space 

which exceeds the amount charged for comparable use of such 

space for other purposes. 

(c) SPECIFICATION.—Any printed communication described in subsection (a) shall— 

(1) be of sufficient type size to be clearly readable by the recipient of the communication; 

(2) be contained in a printed box set apart from the other 

contents of the communication; and 

(3) be printed with a reasonable degree of color contrast between the background and the printed statement. 

(d) ADDITIONAL REQUIREMENTS.— 

(1) COMMUNICATIONS BY CANDIDATES OR AUTHORIZED PERSONS.— 

(A) øBY RADIO¿ AUDIO FORMAT.—Any communication described in paragraph (1) or (2) of subsection (a) øwhich is 

transmitted through radio¿ which is in an audio format 

shall include, in addition to the requirements of that paragraph, an audio statement by the candidate that identifies 

the candidate and states that the candidate has approved 

the communication. 

(B) øBY TELEVISION¿ VIDEO FORMAT.—Any communication described in paragraph (1) or (2) of subsection (a) 


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øwhich is transmitted through television¿ which is in 

video format shall include, in addition to the requirements 

of that paragraph, a statement that identifies the candidate and states that the candidate has approved the 

communication. Such statement— 

(i) shall be conveyed by— 

(I) an unobscured, full-screen view of the candidate making the statement, or 

(II) the candidate in voice-over, accompanied by 

a clearly identifiable photographic or similar 

image of the candidate; and 

(ii) shall also appear in writing at the end of the 

communication in a clearly readable manner with a 

reasonable degree of color contrast between the background and the printed statement, for a period of at 

least 4 seconds. 

(2) COMMUNICATIONS BY øOTHERS¿ CERTAIN POLITICAL COM- MITTEES.—øAny communication¿ (A) Any communication described in paragraph (3) of subsection (a) which (except to the 

extent provided in subparagraph (B)) is paid for by a political 

committee (including a political committee of a political party) 

and which is øtransmitted through radio or television¿ made 

in audio or video format shall include, in addition to the requirements of that paragraph, in a clearly spoken manner, the 

following audio statement: ‘‘lllll is responsible for the 

content of this advertising.’’ (with the blank to be filled in with 

the name of the political committee øor other person¿ paying 

for the communication and the name of any connected organization of the payor). If transmitted øthrough television¿ in 

video format, the statement shall be conveyed by an 

unobscured, full-screen view of a representative of the political 

committee øor other person¿ making the statement, or by a 

representative of such political committee øor other person¿ in 

voice-over, and shall also appear in a clearly readable manner 

with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 4 

seconds. 

(B)(i) This paragraph does not apply to a communication 

paid for in whole or in part during a calendar year with a campaign-related disbursement, but only if the covered organization 

making the campaign-related disbursement made campaign-related disbursements (as defined in section 324) aggregating 

more than $10,000 during such calendar year. 

(ii) For purposes of clause (i), in determining the amount of 

campaign-related disbursements made by a covered organization during a year, there shall be excluded the following: 

(I) Any amounts received by the covered organization in 

the ordinary course of any trade or business conducted by 

the covered organization or in the form of investments in 

the covered organization. 

(II) Any amounts received by the covered organization 

from a person who prohibited, in writing, the organization 

from using such amounts for campaign-related disbursements, but only if the covered organization agreed to follow 

the prohibition and deposited the amounts in an account 


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which is segregated from any account used to make campaign-related disbursements. 

(3) PRERECORDED TELEPHONE CALLS.—Any communication 

described in paragraph (1), (2), or (3) of subsection (a) (other 

than a communication which is subject to subsection (e)) which 

is a telephone call consisting in substantial part of a 

prerecorded audio message shall include, in addition to the requirements of such paragraph, the audio statement required 

under subparagraph (A) of paragraph (1) or the audio statement required under paragraph (2) (whichever is applicable), 

except that the statement shall be made at the beginning of the 

telephone call. 

(e) EXPANDED DISCLAIMER REQUIREMENTS FOR COMMUNICATIONS

NOT AUTHORIZED BY CANDIDATES OR COMMITTEES.— (1) IN GENERAL.—Except as provided in paragraph (6), any 

communication described in paragraph (3) of subsection (a) 

which is transmitted in an audio or video format or which consists of a telephone call consisting in substantial part of a 

prerecorded audio message (including an Internet or digital 

communication), or which is an Internet or digital communication transmitted in a text or graphic format, shall include, in 

addition to the requirements of paragraph (3) of subsection (a), 

the following: 

(A) The individual disclosure statement described in 

paragraph (2)(A) (if the person paying for the communication is an individual) or the organizational disclosure statement described in paragraph (2)(B) (if the person paying 

for the communication is not an individual). 

(B) If the communication is transmitted in a video format, or is an Internet or digital communication which is 

transmitted in a text or graphic format, and is paid for in 

whole or in part with a payment which is treated as a campaign-related disbursement under section 324— 

(i) the Top Five Funders list (if applicable); or 

(ii) in the case of a communication which, as determined on the basis of criteria established in regulations issued by the Commission, is of such short duration that including the Top Five Funders list in the 

communication would constitute a hardship to the person paying for the communication by requiring a disproportionate amount of the content of the communication to consist of the Top Five Funders list, the name 

of a website which contains the Top Five Funders list 

(if applicable) or, in the case of an Internet or digital 

communication, a hyperlink to such website. 

(C) If the communication is transmitted in an audio format and is paid for in whole or in part with a payment 

which is treated as a campaign-related disbursement under 

section 324— 

(i) the Top Two Funders list (if applicable); or 

(ii) in the case of a communication which, as determined on the basis of criteria established in regulations issued by the Commission, is of such short duration that including the Top Two Funders list in the 

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son paying for the communication by requiring a disproportionate amount of the content of the communication to consist of the Top Two Funders list, the name 

of a website which contains the Top Two Funders list 

(if applicable). 

(2) DISCLOSURE STATEMENTS DESCRIBED.— (A) INDIVIDUAL DISCLOSURE STATEMENTS.—The individual disclosure statement described in this subparagraph 

is the following: ‘‘I am llllllll, and I approve 

this message.’’, with the blank filled in with the name of the 

applicable individual. 

(B) ORGANIZATIONAL DISCLOSURE STATEMENTS.—The organizational disclosure statement described in this subparagraph is the following: ‘‘I am llllllll, the llllllll of llllllll, and llllllll approves this message.’’, with— 

(i) the first blank to be filled in with the name of the 

applicable individual; 

(ii) the second blank to be filled in with the title of 

the applicable individual; and 

(iii) the third and fourth blank each to be filled in 

with the name of the organization or other person paying for the communication. 

(3) METHOD OF CONVEYANCE OF STATEMENT.— (A) COMMUNICATIONS IN TEXT OR GRAPHIC FORMAT.—In 

the case of a communication to which this subsection applies which is transmitted in a text or graphic format, the 

disclosure statements required under paragraph (1) shall 

appear in letters at least as large as the majority of the text 

in the communication. 

(B) COMMUNICATIONS TRANSMITTED IN AUDIO FORMAT.— In the case of a communication to which this subsection applies which is transmitted in an audio format, the disclosure statements required under paragraph (1) shall be 

made by audio by the applicable individual in a clear and 

conspicuous manner. 

(C) COMMUNICATIONS TRANSMITTED IN VIDEO FORMAT.— In the case of a communication to which this subsection applies which is transmitted in a video format, the information required under paragraph (1)— 

(i) shall appear in writing at the end of the communication or in a crawl along the bottom of the communication in a clear and conspicuous manner, with a 

reasonable degree of color contrast between the background and the printed statement, for a period of at 

least 6 seconds; and 

(ii) shall also be conveyed by an unobscured, fullscreen view of the applicable individual or by the applicable individual making the statement in voice-over 

accompanied by a clearly identifiable photograph or 

similar image of the individual, except in the case of 

a Top Five Funders list. 

(D) PRERECORDED TELEPHONE CALLS.—In the case of a 

communication to which this subsection applies which is a 

telephone call consisting in substantial part of a 


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prerecorded audio message, the communication shall be 

considered to be transmitted in an audio format. 

(4) APPLICABLE INDIVIDUAL DEFINED.—The term ‘‘applicable 

individual’’ means, with respect to a communication to which 

this subsection applies— 

(A) if the communication is paid for by an individual, the 

individual involved; 

(B) if the communication is paid for by a corporation, the 

chief executive officer of the corporation (or, if the corporation does not have a chief executive officer, the highest 

ranking official of the corporation); 

(C) if the communication is paid for by a labor organization, the highest ranking officer of the labor organization; 

and 

(D) if the communication is paid for by any other person, 

the highest ranking official of such person. 

(5) TOP FIVE FUNDERS LIST AND TOP TWO FUNDERS LIST DE- FINED.— 

(A) TOP FIVE FUNDERS LIST.—The term ‘‘Top Five 

Funders list’’ means, with respect to a communication 

which is paid for in whole or in part with a campaign-related disbursement (as defined in section 324), a list of the 

five persons who, during the 12-month period ending on the 

date of the disbursement, provided the largest payments of 

any type in an aggregate amount equal to or exceeding 

$10,000 to the person who is paying for the communication 

and the amount of the payments each such person provided. If two or more people provided the fifth largest of 

such payments, the person paying for the communication 

shall select one of those persons to be included on the Top 

Five Funders list. 

(B) TOP TWO FUNDERS LIST.—The term ‘‘Top Two 

Funders list’’ means, with respect to a communication 

which is paid for in whole or in part with a campaign-related disbursement (as defined in section 324), a list of the 

persons who, during the 12-month period ending on the 

date of the disbursement, provided the largest and the second largest payments of any type in an aggregate amount 

equal to or exceeding $10,000 to the person who is paying 

for the communication and the amount of the payments 

each such person provided. If two or more persons provided 

the second largest of such payments, the person paying for 

the communication shall select one of those persons to be 

included on the Top Two Funders list. 

(C) EXCLUSION OF CERTAIN PAYMENTS.—For purposes of 

subparagraphs (A) and (B), in determining the amount of 

payments made by a person to a person paying for a communication, there shall be excluded the following: 

(i) Any amounts provided in the ordinary course of 

any trade or business conducted by the person paying 

for the communication or in the form of investments in 

the person paying for the communication. 

(ii) Any payment which the person prohibited, in 

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munication agreed to follow the prohibition and deposited the payment in an account which is segregated 

from any account used to make campaign-related disbursements. 

(6) SPECIAL RULES FOR CERTAIN COMMUNICATIONS.— (A) EXCEPTION FOR COMMUNICATIONS PAID FOR BY POLIT- ICAL PARTIES AND CERTAIN POLITICAL COMMITTEES.—This 

subsection does not apply to any communication to which 

subsection (d)(2) applies. 

(B) TREATMENT OF VIDEO COMMUNICATIONS LASTING 10

SECONDS OR LESS.—In the case of a communication to 

which this subsection applies which is transmitted in a 

video format, or is an Internet or digital communication 

which is transmitted in a text or graphic format, the communication shall meet the following requirements: 

(i) The communication shall include the individual 

disclosure statement described in paragraph (2)(A) (if 

the person paying for the communication is an individual) or the organizational disclosure statement described in paragraph (2)(B) (if the person paying for 

the communication is not an individual). 

(ii) The statement described in clause (i) shall appear 

in writing at the end of the communication, or in a 

crawl along the bottom of the communication, in a 

clear and conspicuous manner, with a reasonable degree of color contrast between the background and the 

printed statement, for a period of at least 4 seconds. 

(iii) The communication shall include, in a clear and 

conspicuous manner, a website address with a landing 

page which will provide all of the information described in paragraph (1) with respect to the communication. Such address shall appear for the full duration of the communication. 

(iv) To the extent that the format in which the communication is made permits the use of a hyperlink, the 

communication shall include a hyperlink to the website 

address described in clause (iii). 

(f) SPECIAL RULES FOR QUALIFIED INTERNET OR DIGITAL COMMU- NICATIONS.— (1) SPECIAL RULES WITH RESPECT TO STATEMENTS.—In the 

case of any qualified internet or digital communication (as defined in section 304(f)(3)(D)) which is disseminated through a 

medium in which the provision of all of the information specified in this section is not possible, the communication shall, in 

a clear and conspicuous manner— 

(A) state the name of the person who paid for the communication; and 

(B) provide a means for the recipient of the communication to obtain the remainder of the information required 

under this section with minimal effort and without receiving or viewing any additional material other than such required information. 

(2) SAFE HARBOR FOR DETERMINING CLEAR AND CONSPICUOUS

MANNER.—A statement in qualified internet or digital communication (as defined in section 304(f)(3)(D)) shall be considered 


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to be made in a clear and conspicuous manner as provided in 

subsection (a) if the communication meets the following requirements: 

(A) TEXT OR GRAPHIC COMMUNICATIONS.—In the case of 

a text or graphic communication, the statement— 

(i) appears in letters at least as large as the majority 

of the text in the communication; and 

(ii) meets the requirements of paragraphs (2) and (3) 

of subsection (c). 

(B) AUDIO COMMUNICATIONS.—In the case of an audio 

communication, the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the 

communication and lasts at least 3 seconds. 

(C) VIDEO COMMUNICATIONS.—In the case of a video communication which also includes audio, the statement— 

(i) is included at either the beginning or the end of 

the communication; and 

(ii) is made both in— 

(I) a written format that meets the requirements 

of subparagraph (A) and appears for at least 4 seconds; and 

(II) an audible format that meets the requirements of subparagraph (B). 

(D) OTHER COMMUNICATIONS.—In the case of any other 

type of communication, the statement is at least as clear 

and conspicuous as the statement specified in subparagraph (A), (B), or (C). 

CONTRIBUTIONS AND DONATIONS BY FOREIGN NATIONALS

SEC. 319. (a) PROHIBITION.—It shall be unlawful for— 

(1) a foreign national, directly or indirectly, to make— 

(A) a contribution or donation of money or other thing of 

value, or to make an express or implied promise to make 

a contribution or donation, in connection with a Federal, 

State, or local electionø;¿, including any disbursement to a 

political committee which accepts donations or contributions that do not comply with the limitations, prohibitions, 

and reporting requirements of this Act (or any disbursement to or on behalf of any account of a political committee 

which is established for the purpose of accepting such donations or contributions), and any disbursement, other 

than an disbursement described in section 324(a)(3)(A), to 

another person who made a campaign-related disbursement 

consisting of a covered transfer (as described in section 324) 

during the 2-year period ending on the date of the disbursement; 

(B) a contribution or donation to a committee of a political party; or 

(C) an expenditure, independent expenditure, or disbursement for an electioneering communication (within the 

meaning of section 304(f)(3)); or 

(2) a person to solicit, accept, or receive a contribution or donation described in subparagraph (A) or (B) of paragraph (1) 

from a foreign national. 

(b) As used in this section, the term ‘‘foreign national’’ means— 


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(1) a foreign principal, as such term is defined by section 1(b) 

of the Foreign Agents Registration Act of 1938 (22 U.S.C. 

611(b)), except that the term ‘‘foreign national’’ shall not include any individual who is a citizen of the United States; øor¿ 

(2) an individual who is not a citizen of the United States or 

a national of the United States (as defined in section 101(a)(22) 

of the Immigration and Nationality Act) and who is not lawfully admitted for permanent residence, as defined by section 

101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 

1101(a)(20))ø.¿; or 

(3) except as provided under subsection (c), any corporation, 

limited liability corporation, or partnership which is not a foreign national described in paragraph (1) and— 

(A) in which a foreign national described in paragraph 

(1) or (2) directly or indirectly owns or controls— 

(i) 5 percent or more of the voting shares, if the foreign national is a foreign country, a foreign government official, or a corporation principally owned or 

controlled by a foreign country or foreign government 

official; or 

(ii) 20 percent or more of the voting shares, if the foreign national is not described in clause (i); 

(B) in which two or more foreign nationals described in 

paragraph (1) or (2), each of whom owns or controls at 

least 5 percent of the voting shares, directly or indirectly 

own or control 50 percent or more of the voting shares; 

(C) over which one or more foreign nationals described in 

paragraph (1) or (2) has the power to direct, dictate, or control the decisionmaking process of the corporation, limited 

liability corporation, or partnership with respect to its interests in the United States; or 

(D) over which one or more foreign nationals described in 

paragraph (1) or (2) has the power to direct, dictate, or control the decisionmaking process of the corporation, limited 

liability corporation, or partnership with respect to activities in connection with a Federal, State, or local election, 

including— 

(i) the making of a contribution, donation, expenditure, independent expenditure, or disbursement for an 

electioneering communication (within the meaning of 

section 304(f)(3)); or 

(ii) the administration of a political committee established or maintained by the corporation. 

(c) ACTIVITIES OF CORPORATE PACS OF DOMESTIC SUBSIDIARIES.—Notwithstanding subsection (a), a foreign national described in subparagraph (A), (B), or (C) of subsection (b)(3) which 

is a domestic corporation whose principal place of business is within the United States may establish, administer and solicit contributions to a separate segregated fund pursuant to section 316(b)(2)(C) 

so long as— 

(1) the foreign national parent corporation of such domestic 

corporation does not directly or indirectly finance the establishment, administration, or solicitation activities of the fund; and 

(2) the fund is in compliance with complies with the requirements of section 316(b)(8). 


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(d) CERTIFICATION OF COMPLIANCE REQUIRED PRIOR TO CARRYING OUT ACTIVITY.—Prior to the making in connection with an 

election for Federal office of any contribution, donation, expenditure, 

independent expenditure, or disbursement for an electioneering communication by a corporation, limited liability corporation, or partnership during a year, the chief executive officer of the corporation, 

limited liability corporation, or partnership (or, if the corporation, 

limited liability corporation, or partnership does not have a chief executive officer, the highest ranking official of the corporation, limited liability corporation, or partnership), shall file a certification 

with the Commission, under penalty of perjury, that the corporation, 

limited liability corporation, or partnership is not prohibited from 

carrying out such activity under subsection (b)(3), unless the chief 

executive officer has previously filed such a certification during that 

calendar year. 

(e) RESPONSIBILITIES OF BROADCAST STATIONS, PROVIDERS OF

CABLE AND SATELLITE TELEVISION, AND ONLINE PLATFORMS.—Each 

television or radio broadcast station, provider of cable or satellite 

television, or online platform (as defined in section 304(j)(3)) shall 

make reasonable efforts to ensure that communications described in 

section 318(a) and made available by such station, provider, or platform are not purchased by a foreign national, directly or indirectly. 

CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION ADMINISTRATION

OFFICIALS

SEC. 319A. (a) PROHIBITION.—It shall be unlawful for a chief 

State election administration official to take an active part in political management or in a political campaign with respect to any election for Federal office over which such official has supervisory authority. 

(b) CHIEF STATE ELECTION ADMINISTRATION OFFICIAL.—The term 

‘‘chief State election administration official’’ means the highest State 

official with responsibility for the administration of Federal elections under State law. 

(c) ACTIVE PART IN POLITICAL MANAGEMENT OR IN A POLITICAL

CAMPAIGN.—The term ‘‘active part in political management or in a 

political campaign’’ means— 

(1) serving as a member of an authorized committee of a candidate for Federal office; 

(2) the use of official authority or influence for the purpose of 

interfering with or affecting the result of an election for Federal 

office; 

(3) the solicitation, acceptance, or receipt of a contribution 

from any person on behalf of a candidate for Federal office; and 

(4) any other act which would be prohibited under paragraph 

(2) or (3) of section 7323(b) of title 5, United States Code, if 

taken by an individual to whom such paragraph applies (other 

than any prohibition on running for public office). 

(d) EXCEPTION IN CASE OF RECUSAL FROM ADMINISTRATION OF

ELECTIONS INVOLVING OFFICIAL OR IMMEDIATE FAMILY MEMBER.— 

(1) IN GENERAL.—This section does not apply to a chief State 

election administration official with respect to an election for 

Federal office in which the official or an immediate family 

member of the official is a candidate, but only if— 


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(A) such official recuses himself or herself from all of the 

official’s responsibilities for the administration of such election; and 

(B) the official who assumes responsibility for supervising 

the administration of the election does not report directly to 

such official. 

(2) IMMEDIATE FAMILY MEMBER DEFINED.—In paragraph (1), 

the term ‘‘immediate family member’’ means, with respect to a 

candidate, a father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law. 

* * * * * * * 

SEC. 323. SOFT MONEY OF POLITICAL PARTIES. 

(a) NATIONAL COMMITTEES.— (1) IN GENERAL.—A national committee of a political party 

(including a national congressional campaign committee of a 

political party) may not solicit, receive, or direct to another 

person a contribution, donation, or transfer of funds or any 

other thing of value, or spend any funds, that are not subject 

to the limitations, prohibitions, and reporting requirements of 

this Act. 

(2) APPLICABILITY.—The prohibition established by paragraph (1) applies to any such national committee, any officer 

or agent acting on behalf of such a national committee, and 

any entity that is directly or indirectly established, financed, 

maintained, or controlled by such a national committee. 

(b) STATE, DISTRICT, AND LOCAL COMMITTEES.— (1) IN GENERAL.—Except as provided in paragraph (2), an 

amount that is expended or disbursed for Federal election activity by a State, district, or local committee of a political party 

(including an entity that is directly or indirectly established, financed, maintained, or controlled by a State, district, or local 

committee of a political party and an officer or agent acting on 

behalf of such committee or entity), or by an association or 

similar group of candidates for State or local office or of individuals holding State or local office, shall be made from funds 

subject to the limitations, prohibitions, and reporting requirements of this Act. 

(2) APPLICABILITY.— (A) IN GENERAL.—Notwithstanding clause (i) or (ii) of 

section 301(20)(A), and subject to subparagraph (B), paragraph (1) shall not apply to any amount expended or disbursed by a State, district, or local committee of a political 

party for an activity described in either such clause to the 

extent the amounts expended or disbursed for such activity 

are allocated (under regulations prescribed by the Commission) among amounts— 

(i) which consist solely of contributions subject to 

the limitations, prohibitions, and reporting requirements of this Act (other than amounts described in 

subparagraph (B)(iii)); and 

(ii) other amounts which are not subject to the limitations, prohibitions, and reporting requirements of 

this Act (other than any requirements of this subsection). 


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(B) CONDITIONS.—Subparagraph (A) shall only apply if— 

(i) the activity does not refer to a clearly identified 

candidate for Federal office; 

(ii) the amounts expended or disbursed are not for 

the costs of any broadcasting, cable, or satellite communication, other than a communication which refers 

solely to a clearly identified candidate for State or 

local office; 

(iii) the amounts expended or disbursed which are 

described in subparagraph (A)(ii) are paid from 

amounts which are donated in accordance with State 

law and which meet the requirements of subparagraph 

(C), except that no person (including any person established, financed, maintained, or controlled by such person) may donate more than $10,000 to a State, district, or local committee of a political party in a calendar year for such expenditures or disbursements; 

and 

(iv) the amounts expended or disbursed are made 

solely from funds raised by the State, local, or district 

committee which makes such expenditure or disbursement, and do not include any funds provided to such 

committee from— 

(I) any other State, local, or district committee 

of any State party, 

(II) the national committee of a political party 

(including a national congressional campaign committee of a political party), 

(III) any officer or agent acting on behalf of any 

committee described in subclause (I) or (II), or 

(IV) any entity directly or indirectly established, 

financed, maintained, or controlled by any committee described in subclause (I) or (II). 

(C) PROHIBITING INVOLVEMENT OF NATIONAL PARTIES, 

FEDERAL CANDIDATES AND OFFICEHOLDERS, AND STATE PARTIES ACTING JOINTLY.—Notwithstanding subsection (e) 

(other than subsection (e)(3)), amounts specifically authorized to be spent under subparagraph (B)(iii) meet the requirements of this subparagraph only if the amounts— 

(i) are not solicited, received, directed, transferred, 

or spent by or in the name of any person described in 

subsection (a) or (e); and 

(ii) are not solicited, received, or directed through 

fundraising activities conducted jointly by 2 or more 

State, local, or district committees of any political 

party or their agents, or by a State, local, or district 

committee of a political party on behalf of the State, 

local, or district committee of a political party or its 

agent in one or more other States. 

(c) FUNDRAISING COSTS.—An amount spent by a person described 

in subsection (a) or (b) to raise funds that are used, in whole or in 

part, for expenditures and disbursements for a Federal election activity shall be made from funds subject to the limitations, prohibitions, and reporting requirements of this Act. 


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(d) TAX-EXEMPT ORGANIZATIONS.—A national, State, district, or 

local committee of a political party (including a national congressional campaign committee of a political party), an entity that is 

directly or indirectly established, financed, maintained, or controlled by any such national, State, district, or local committee or 

its agent, and an officer or agent acting on behalf of any such party 

committee or entity, shall not solicit any funds for, or make or direct any donations to— 

(1) an organization that is described in section 501(c) of the 

Internal Revenue Code of 1986 and exempt from taxation 

under section 501(a) of such Code (or has submitted an application for determination of tax exempt status under such section) and that makes expenditures or disbursements in connection with an election for Federal office (including expenditures 

or disbursements for Federal election activity); or 

(2) an organization described in section 527 of such Code 

(other than a political committee, a State, district, or local committee of a political party, or the authorized campaign committee of a candidate for State or local office). 

(e) FEDERAL CANDIDATES.— (1) IN GENERAL.—A candidate, individual holding Federal office, agent of a candidate or an individual holding Federal office, or an entity directly or indirectly established, financed, 

maintained or controlled by or acting on behalf of 1 or more 

candidates or individuals holding Federal office, shall not— 

(A) solicit, receive, direct, transfer, or spend funds in 

connection with an election for Federal office, including 

funds for any Federal election activity, unless the funds 

are subject to the limitations, prohibitions, and reporting 

requirements of this Act; øor¿ 

(B) solicit, receive, direct, transfer, or spend funds in 

connection with any election other than an election for 

Federal office or disburse funds in connection with such an 

election unless the funds— 

(i) are not in excess of the amounts permitted with 

respect to contributions to candidates and political 

committees under paragraphs (1), (2), and (3) of section 315(a); and 

(ii) are not from sources prohibited by this Act from 

making contributions in connection with an election 

for Federal officeø.¿; or 

(C) solicit, receive, direct, or transfer funds to or on behalf of any political committee which accepts donations or 

contributions that do not comply with the limitations, prohibitions, and reporting requirements of this Act (or to or 

on behalf of any account of a political committee which is 

established for the purpose of accepting such donations or 

contributions), or to or on behalf of any political organization under section 527 of the Internal Revenue Code of 1986 

which accepts such donations or contributions (other than 

a committee of a State or local political party or a candidate for election for State or local office). 

(2) STATE LAW.—Paragraph (1) does not apply to the solicitation, receipt, or spending of funds by an individual described 

in such paragraph who is or was also a candidate for a State 


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or local office solely in connection with such election for State 

or local office if the solicitation, receipt, or spending of funds 

is permitted under State law and refers only to such State or 

local candidate, or to any other candidate for the State or local 

office sought by such candidate, or both. 

(3) FUNDRAISING EVENTS.—Notwithstanding paragraph (1) or 

subsection (b)(2)(C), a candidate or an individual holding Federal office may attend, speak, or be a featured guest at a fundraising event for a State, district, or local committee of a political party. 

(4) PERMITTING CERTAIN SOLICITATIONS.— 

(A) GENERAL SOLICITATIONS.—Notwithstanding any 

other provision of this subsection, an individual described 

in paragraph (1) may make a general solicitation of funds 

on behalf of any organization that is described in section 

501(c) of the Internal Revenue Code of 1986 and exempt 

from taxation under section 501(a) of such Code (or has 

submitted an application for determination of tax exempt 

status under such section) (other than an entity whose 

principal purpose is to conduct activities described in 

clauses (i) and (ii) of section 301(20)(A)) where such solicitation does not specify how the funds will or should be 

spent. 

(B) CERTAIN SPECIFIC SOLICITATIONS.—In addition to the 

general solicitations permitted under subparagraph (A), an 

individual described in paragraph (1) may make a solicitation explicitly to obtain funds for carrying out the activities described in clauses (i) and (ii) of section 301(20)(A), 

or for an entity whose principal purpose is to conduct such 

activities, if— 

(i) the solicitation is made only to individuals; and 

(ii) the amount solicited from any individual during 

any calendar year does not exceed $20,000. 

(f) STATE CANDIDATES.— 

(1) IN GENERAL.—A candidate for State or local office, individual holding State or local office, or an agent of such a candidate or individual may not spend any funds for a communication described in section 301(20)(A)(iii) unless the funds are 

subject to the limitations, prohibitions, and reporting requirements of this Act. 

(2) EXCEPTION FOR CERTAIN COMMUNICATIONS.—Paragraph 

(1) shall not apply to an individual described in such paragraph if the communication involved is in connection with an 

election for such State or local office and refers only to such individual or to any other candidate for the State or local office 

held or sought by such individual, or both. 

øPROHIBITION OF CONTRIBUTIONS BY MINORS

øSEC. 324. An individual who is 17 years old or younger shall not 

make a contribution to a candidate or a contribution or donation 

to a committee of a political party.¿ 

SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSEMENTS BY 

COVERED ORGANIZATIONS. 

(a) DISCLOSURE STATEMENT.— 


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(1) IN GENERAL.—Any covered organization that makes campaign-related disbursements aggregating more than $10,000 in 

an election reporting cycle shall, not later than 24 hours after 

each disclosure date, file a statement with the Commission 

made under penalty of perjury that contains the information described in paragraph (2)— 

(A) in the case of the first statement filed under this subsection, for the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one 

year before the first such disclosure date) and ending on the 

first such disclosure date; and 

(B) in the case of any subsequent statement filed under 

this subsection, for the period beginning on the previous 

disclosure date and ending on such disclosure date. 

(2) INFORMATION DESCRIBED.—The information described in 

this paragraph is as follows: 

(A) The name of the covered organization and the principal place of business of such organization and, in the case 

of a covered organization that is a corporation (other than 

a business concern that is an issuer of a class of securities 

registered under section 12 of the Securities Exchange Act 

of 1934 (15 U.S.C. 78l) or that is required to file reports 

under section 15(d) of that Act (15 U.S.C. 78o(d))) or an entity described in subsection (e)(2), a list of the beneficial 

owners (as defined in paragraph (4)(A)) of the entity that— 

(i) identifies each beneficial owner by name and current residential or business street address; and 

(ii) if any beneficial owner exercises control over the 

entity through another legal entity, such as a corporation, partnership, limited liability company, or trust, 

identifies each such other legal entity and each such 

beneficial owner who will use that other entity to exercise control over the entity. 

(B) The amount of each campaign-related disbursement 

made by such organization during the period covered by 

the statement of more than $1,000, and the name and address of the person to whom the disbursement was made. 

(C) In the case of a campaign-related disbursement that 

is not a covered transfer, the election to which the campaign-related disbursement pertains and if the disbursement is made for a public communication, the name of any 

candidate identified in such communication and whether 

such communication is in support of or in opposition to a 

candidate. 

(D) A certification by the chief executive officer or person 

who is the head of the covered organization that the campaign-related disbursement is not made in cooperation, consultation, or concert with or at the request or suggestion of 

a candidate, authorized committee, or agent of a candidate, 

political party, or agent of a political party. 

(E)(i) If the covered organization makes campaign-related 

disbursements using exclusively funds in a segregated bank 

account consisting of funds that were paid directly to such 

account by persons other than the covered organization that 


dlhill on DSK3GLQ082PROD with HEARING
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controls the account, for each such payment to the account— 

(I) the name and address of each person who made 

such payment during the period covered by the statement; 

(II) the date and amount of such payment; and 

(III) the aggregate amount of all such payments 

made by the person during the period beginning on the 

first day of the election reporting cycle (or, if earlier, 

the period beginning one year before the disclosure 

date) and ending on the disclosure date, 

but only if such payment was made by a person who made 

payments to the account in an aggregate amount of $10,000 

or more during the period beginning on the first day of the 

election reporting cycle (or, if earlier, the period beginning 

one year before the disclosure date) and ending on the disclosure date. 

(ii) In any calendar year after 2020, section 315(c)(1)(B) 

shall apply to the amount described in clause (i) in the 

same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and 

(h) of such section, except that for purposes of applying 

such section to the amounts described in subsection (b), the 

‘‘base period’’ shall be 2020. 

(F)(i) If the covered organization makes campaign-related 

disbursements using funds other than funds in a segregated bank account described in subparagraph (E), for 

each payment to the covered organization— 

(I) the name and address of each person who made 

such payment during the period covered by the statement; 

(II) the date and amount of such payment; and 

(III) the aggregate amount of all such payments 

made by the person during the period beginning on the 

first day of the election reporting cycle (or, if earlier, 

the period beginning one year before the disclosure 

date) and ending on the disclosure date, 

but only if such payment was made by a person who made 

payments to the covered organization in an aggregate 

amount of $10,000 or more during the period beginning on 

the first day of the election reporting cycle (or, if earlier, the 

period beginning one year before the disclosure date) and 

ending on the disclosure date. 

(ii) In any calendar year after 2020, section 315(c)(1)(B) 

shall apply to the amount described in clause (i) in the 

same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and 

(h) of such section, except that for purposes of applying 

such section to the amounts described in subsection (b), the 

‘‘base period’’ shall be 2020. 

(G) Such other information as required in rules established by the Commission to promote the purposes of this 

section. 

(3) EXCEPTIONS.— 


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(A) AMOUNTS RECEIVED IN ORDINARY COURSE OF BUSI- NESS.—The requirement to include in a statement filed 

under paragraph (1) the information described in paragraph (2) shall not apply to amounts received by the covered organization in commercial transactions in the ordinary course of any trade or business conducted by the covered organization or in the form of investments (other than 

investments by the principal shareholder in a limited liability corporation) in the covered organization. For purposes of this subparagraph, amounts received by a covered 

organization as remittances from an employee to the employee’s collective bargaining representative shall be treated 

as amounts received in commercial transactions in the ordinary course of the business conducted by the covered organization. 

(B) DONOR RESTRICTION ON USE OF FUNDS.—The requirement to include in a statement submitted under paragraph 

(1) the information described in subparagraph (F) of paragraph (2) shall not apply if— 

(i) the person described in such subparagraph prohibited, in writing, the use of the payment made by 

such person for campaign-related disbursements; and 

(ii) the covered organization agreed to follow the prohibition and deposited the payment in an account 

which is segregated from any account used to make 

campaign-related disbursements. 

(C) THREAT OF HARASSMENT OR REPRISAL.—The requirement to include any information relating to the name or 

address of any person (other than a candidate) in a statement submitted under paragraph (1) shall not apply if the 

inclusion of the information would subject the person to serious threats, harassment, or reprisals. 

(4) OTHER DEFINITIONS.—For purposes of this section: 

(A) BENEFICIAL OWNER DEFINED.— 

(i) IN GENERAL.—Except as provided in clause (ii), 

the term ‘‘beneficial owner’’ means, with respect to any 

entity, a natural person who, directly or indirectly— 

(I) exercises substantial control over an entity 

through ownership, voting rights, agreement, or 

otherwise; or 

(II) has a substantial interest in or receives substantial economic benefits from the assets of an entity. 

(ii) EXCEPTIONS.—The term ‘‘beneficial owner’’ shall 

not include— 

(I) a minor child; 

(II) a person acting as a nominee, intermediary, 

custodian, or agent on behalf of another person; 

(III) a person acting solely as an employee of an 

entity and whose control over or economic benefits 

from the entity derives solely from the employment 

status of the person; 

(IV) a person whose only interest in an entity is 

through a right of inheritance, unless the person 

also meets the requirements of clause (i); or 


dlhill on DSK3GLQ082PROD with HEARING
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(V) a creditor of an entity, unless the creditor 

also meets the requirements of clause (i). 

(iii) ANTI-ABUSE RULE.—The exceptions under clause 

(ii) shall not apply if used for the purpose of evading, 

circumventing, or abusing the provisions of clause (i) 

or paragraph (2)(A). 

(B) DISCLOSURE DATE.—The term ‘‘disclosure date’’ 

means— 

(i) the first date during any election reporting cycle 

by which a person has made campaign-related disbursements aggregating more than $10,000; and 

(ii) any other date during such election reporting 

cycle by which a person has made campaign-related 

disbursements aggregating more than $10,000 since 

the most recent disclosure date for such election reporting cycle. 

(C) ELECTION REPORTING CYCLE.—The term ‘‘election reporting cycle’’ means the 2-year period beginning on the 

date of the most recent general election for Federal office. 

(D) PAYMENT.—The term ‘‘payment’’ includes any contribution, donation, transfer, payment of dues, or other payment. 

(b) COORDINATION WITH OTHER PROVISIONS.— (1) OTHER REPORTS FILED WITH THE COMMISSION.—Information included in a statement filed under this section may be excluded from statements and reports filed under section 304. 

(2) TREATMENT AS SEPARATE SEGREGATED FUND.—A segregated bank account referred to in subsection (a)(2)(E) may be 

treated as a separate segregated fund for purposes of section 

527(f)(3) of the Internal Revenue Code of 1986. 

(c) FILING.—Statements required to be filed under subsection (a) 

shall be subject to the requirements of section 304(d) to the same extent and in the same manner as if such reports had been required 

under subsection (c) or (g) of section 304. 

(d) CAMPAIGN-RELATED DISBURSEMENT DEFINED.— (1) IN GENERAL.—In this section, the term ‘‘campaign-related 

disbursement’’ means a disbursement by a covered organization 

for any of the following: 

(A) An independent expenditure which expressly advocates the election or defeat of a clearly identified candidate 

for election for Federal office, or is the functional equivalent 

of express advocacy because, when taken as a whole, it can 

be interpreted by a reasonable person only as advocating 

the election or defeat of a candidate for election for Federal 

office. 

(B) Any public communication which refers to a clearly 

identified candidate for election for Federal office and 

which promotes or supports the election of a candidate for 

that office, or attacks or opposes the election of a candidate 

for that office, without regard to whether the communication expressly advocates a vote for or against a candidate 

for that office. 

(C) An electioneering communication, as defined in section 304(f)(3). 

(D) A covered transfer. 


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(2) INTENT NOT REQUIRED.—A disbursement for an item described in subparagraph (A), (B), (C), or (D) of paragraph (1) 

shall be treated as a campaign-related disbursement regardless 

of the intent of the person making the disbursement. 

(e) COVERED ORGANIZATION DEFINED.—In this section, the term 

‘‘covered organization’’ means any of the following: 

(1) A corporation (other than an organization described in 

section 501(c)(3) of the Internal Revenue Code of 1986). 

(2) A limited liability corporation that is not otherwise treated as a corporation for purposes of this Act (other than an organization described in section 501(c)(3) of the Internal Revenue 

Code of 1986). 

(3) An organization described in section 501(c) of such Code 

and exempt from taxation under section 501(a) of such Code 

(other than an organization described in section 501(c)(3) of 

such Code). 

(4) A labor organization (as defined in section 316(b)). 

(5) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee 

under this Act (except as provided in paragraph (6)). 

(6) A political committee with an account that accepts donations or contributions that do not comply with the contribution 

limits or source prohibitions under this Act, but only with respect to such accounts. 

(f) COVERED TRANSFER DEFINED.— (1) IN GENERAL.—In this section, the term ‘‘covered transfer’’ 

means any transfer or payment of funds by a covered organization to another person if the covered organization— 

(A) designates, requests, or suggests that the amounts be 

used for— 

(i) campaign-related disbursements (other than covered transfers); or 

(ii) making a transfer to another person for the purpose of making or paying for such campaign-related 

disbursements; 

(B) made such transfer or payment in response to a solicitation or other request for a donation or payment for— 

(i) the making of or paying for campaign-related disbursements (other than covered transfers); or 

(ii) making a transfer to another person for the purpose of making or paying for such campaign-related 

disbursements; 

(C) engaged in discussions with the recipient of the transfer or payment regarding— 

(i) the making of or paying for campaign-related disbursements (other than covered transfers); or 

(ii) donating or transferring any amount of such 

transfer or payment to another person for the purpose 

of making or paying for such campaign-related disbursements; 

(D) made campaign-related disbursements (other than a 

covered transfer) in an aggregate amount of $50,000 or 

more during the 2-year period ending on the date of the 

transfer or payment, or knew or had reason to know that 

the person receiving the transfer or payment made such disVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00354 Fmt 6659 Sfmt 6603 E:\HR\OC\HR015P1.XXX HR015P1

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bursements in such an aggregate amount during that 2- 

year period; or 

(E) knew or had reason to know that the person receiving 

the transfer or payment would make campaign-related disbursements in an aggregate amount of $50,000 or more 

during the 2-year period beginning on the date of the transfer or payment. 

(2) EXCLUSIONS.—The term ‘‘covered transfer’’ does not include any of the following: 

(A) A disbursement made by a covered organization in a 

commercial transaction in the ordinary course of any trade 

or business conducted by the covered organization or in the 

form of investments made by the covered organization. 

(B) A disbursement made by a covered organization if— 

(i) the covered organization prohibited, in writing, 

the use of such disbursement for campaign-related disbursements; and 

(ii) the recipient of the disbursement agreed to follow 

the prohibition and deposited the disbursement in an 

account which is segregated from any account used to 

make campaign-related disbursements. 

(3) SPECIAL RULE REGARDING TRANSFERS AMONG AFFILI- ATES.— 

(A) SPECIAL RULE.—A transfer of an amount by one covered organization to another covered organization which is 

treated as a transfer between affiliates under subparagraph 

(C) shall be considered a covered transfer by the covered organization which transfers the amount only if the aggregate 

amount transferred during the year by such covered organization to that same covered organization is equal to or 

greater than $50,000. 

(B) DETERMINATION OF AMOUNT OF CERTAIN PAYMENTS

AMONG AFFILIATES.—In determining the amount of a transfer between affiliates for purposes of subparagraph (A), to 

the extent that the transfer consists of funds attributable to 

dues, fees, or assessments which are paid by individuals on 

a regular, periodic basis in accordance with a per-individual calculation which is made on a regular basis, the 

transfer shall be attributed to the individuals paying the 

dues, fees, or assessments and shall not be attributed to the 

covered organization. 

(C) DESCRIPTION OF TRANSFERS BETWEEN AFFILIATES.—A 

transfer of amounts from one covered organization to another covered organization shall be treated as a transfer between affiliates if— 

(i) one of the organizations is an affiliate of the other 

organization; or 

(ii) each of the organizations is an affiliate of the 

same organization, 

except that the transfer shall not be treated as a transfer 

between affiliates if one of the organizations is established 

for the purpose of making campaign-related disbursements. 

(D) DETERMINATION OF AFFILIATE STATUS.—For purposes 

of subparagraph (C), a covered organization is an affiliate 

of another covered organization if— 


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(i) the governing instrument of the organization requires it to be bound by decisions of the other organization; 

(ii) the governing board of the organization includes 

persons who are specifically designated representatives 

of the other organization or are members of the governing board, officers, or paid executive staff members 

of the other organization, or whose service on the governing board is contingent upon the approval of the 

other organization; or 

(iii) the organization is chartered by the other organization. 

(E) COVERAGE OF TRANSFERS TO AFFILIATED SECTION

501(c)(3) ORGANIZATIONS.—This paragraph shall apply 

with respect to an amount transferred by a covered organization to an organization described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in the 

same manner as this paragraph applies to an amount 

transferred by a covered organization to another covered organization. 

(g) NO EFFECT ON OTHER REPORTING REQUIREMENTS.—Nothing 

in this section shall be construed to waive or otherwise affect any 

other requirement of this Act which relates to the reporting of campaign-related disbursements. 

SEC. 325. INAUGURAL COMMITTEES. 

(a) PROHIBITED DONATIONS.— (1) IN GENERAL.—It shall be unlawful— 

(A) for an Inaugural Committee— 

(i) to solicit, accept, or receive a donation from a person that is not an individual; or 

(ii) to solicit, accept, or receive a donation from a foreign national; 

(B) for a person— 

(i) to make a donation to an Inaugural Committee in 

the name of another person, or to knowingly authorize 

his or her name to be used to effect such a donation; 

(ii) to knowingly accept a donation to an Inaugural 

Committee made by a person in the name of another 

person; or 

(iii) to convert a donation to an Inaugural Committee 

to personal use as described in paragraph (2); and 

(C) for a foreign national to, directly or indirectly, make 

a donation, or make an express or implied promise to make 

a donation, to an Inaugural Committee. 

(2) CONVERSION OF DONATION TO PERSONAL USE.—For purposes of paragraph (1)(B)(iii), a donation shall be considered to 

be converted to personal use if any part of the donated amount 

is used to fulfill a commitment, obligation, or expense of a person that would exist irrespective of the responsibilities of the Inaugural Committee under chapter 5 of title 36, United States 

Code. 

(3) NO EFFECT ON DISBURSEMENT OF UNUSED FUNDS TO NONPROFIT ORGANIZATIONS.—Nothing in this subsection may be 

construed to prohibit an Inaugural Committee from disbursing 


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unused funds to an organization which is described in section 

501(c)(3) of the Internal Revenue Code of 1986 and is exempt 

from taxation under section 501(a) of such Code. 

(b) LIMITATION ON DONATIONS.— 

(1) IN GENERAL.—It shall be unlawful for an individual to 

make donations to an Inaugural Committee which, in the aggregate, exceed $50,000. 

(2) INDEXING.—At the beginning of each Presidential election 

year (beginning with 2024), the amount described in paragraph 

(1) shall be increased by the cumulative percent difference determined in section 315(c)(1)(A) since the previous Presidential 

election year. If any amount after such increase is not a multiple of $1,000, such amount shall be rounded to the nearest 

multiple of $1,000. 

(c) DISCLOSURE OF CERTAIN DONATIONS AND DISBURSEMENTS.— 

(1) DONATIONS OVER $1,000.— 

(A) IN GENERAL.—An Inaugural Committee shall file 

with the Commission a report disclosing any donation by 

an individual to the committee in an amount of $1,000 or 

more not later than 24 hours after the receipt of such donation. 

(B) CONTENTS OF REPORT.—A report filed under subparagraph (A) shall contain— 

(i) the amount of the donation; 

(ii) the date the donation is received; and 

(iii) the name and address of the individual making 

the donation. 

(2) FINAL REPORT.—Not later than the date that is 90 days 

after the date of the Presidential inaugural ceremony, the Inaugural Committee shall file with the Commission a report containing the following information: 

(A) For each donation of money or anything of value 

made to the committee in an aggregate amount equal to or 

greater than $200— 

(i) the amount of the donation; 

(ii) the date the donation is received; and 

(iii) the name and address of the individual making 

the donation. 

(B) The total amount of all disbursements, and all disbursements in the following categories: 

(i) Disbursements made to meet committee operating 

expenses. 

(ii) Repayment of all loans. 

(iii) Donation refunds and other offsets to donations. 

(iv) Any other disbursements. 

(C) The name and address of each person— 

(i) to whom a disbursement in an aggregate amount 

or value in excess of $200 is made by the committee to 

meet a committee operating expense, together with date, 

amount, and purpose of such operating expense; 

(ii) who receives a loan repayment from the committee, together with the date and amount of such loan 

repayment; 


dlhill on DSK3GLQ082PROD with HEARING
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(iii) who receives a donation refund or other offset to 

donations from the committee, together with the date 

and amount of such disbursement; and 

(iv) to whom any other disbursement in an aggregate amount or value in excess of $200 is made by the committee, together with the date and amount of such disbursement. 

(d) DEFINITIONS.—For purposes of this section: 

(1)(A) The term ‘‘donation’’ includes— 

(i) any gift, subscription, loan, advance, or deposit of 

money or anything of value made by any person to the 

committee; or 

(ii) the payment by any person of compensation for 

the personal services of another person which are rendered to the committee without charge for any purpose. 

(B) The term ‘‘donation’’ does not include the value of 

services provided without compensation by any individual 

who volunteers on behalf of the committee. 

(2) The term ‘‘foreign national’’ has the meaning given that 

term by section 319(b). 

(3) The term ‘‘Inaugural Committee’’ has the meaning given 

that term by section 501 of title 36, United States Code. 

SEC. 326. PAYMENTS FOR COORDINATED EXPENDITURES. 

(a) COORDINATED EXPENDITURES.— (1) IN GENERAL.—For purposes of section 301(8)(A)(iii), the 

term ‘‘coordinated expenditure’’ means— 

(A) any expenditure, or any payment for a covered communication described in subsection (d), which is made in 

cooperation, consultation, or concert with, or at the request 

or suggestion of, a candidate, an authorized committee of 

a candidate, a political committee of a political party, or 

agents of the candidate or committee, as defined in subsection (b); or 

(B) any payment for any communication which republishes, disseminates, or distributes, in whole or in part, any 

video or broadcast or any written, graphic, or other form of 

campaign material prepared by the candidate or committee 

or by agents of the candidate or committee (including any 

excerpt or use of any video from any such broadcast or 

written, graphic, or other form of campaign material). 

(2) EXCEPTION FOR PAYMENTS FOR CERTAIN COMMUNICATIONS.—A payment for a communication (including a covered 

communication described in subsection (d)) shall not be treated 

as a coordinated expenditure under this subsection if— 

(A) the communication appears in a news story, commentary, or editorial distributed through the facilities of 

any broadcasting station, newspaper, magazine, or other 

periodical publication, unless such facilities are owned or 

controlled by any political party, political committee, or 

candidate; or 

(B) the communication constitutes a candidate debate or 

forum conducted pursuant to regulations adopted by the 

Commission pursuant to section 304(f)(3)(B)(iii), or which 

solely promotes such a debate or forum and is made by or 

on behalf of the person sponsoring the debate or forum. 


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(b) COORDINATION DESCRIBED.— 

(1) IN GENERAL.—For purposes of this section, a payment is 

made ‘‘in cooperation, consultation, or concert with, or at the request or suggestion of,’’ a candidate, an authorized committee 

of a candidate, a political committee of a political party, or 

agents of the candidate or committee, if the payment, or any 

communication for which the payment is made, is not made entirely independently of the candidate, committee, or agents. For 

purposes of the previous sentence, a payment or communication 

not made entirely independently of the candidate or committee 

includes any payment or communication made pursuant to any 

general or particular understanding with, or pursuant to any 

communication with, the candidate, committee, or agents about 

the payment or communication. 

(2) NO FINDING OF COORDINATION BASED SOLELY ON SHARING

OF INFORMATION REGARDING LEGISLATIVE OR POLICY POSITION.—For purposes of this section, a payment shall not be considered to be made by a person in cooperation, consultation, or 

concert with, or at the request or suggestion of, a candidate or 

committee, solely on the grounds that the person or the person’s 

agent engaged in discussions with the candidate or committee, 

or with any agent of the candidate or committee, regarding that 

person’s position on a legislative or policy matter (including 

urging the candidate or committee to adopt that person’s position), so long as there is no communication between the person 

and the candidate or committee, or any agent of the candidate 

or committee, regarding the candidate’s or committee’s campaign advertising, message, strategy, policy, polling, allocation 

of resources, fundraising, or other campaign activities. 

(3) NO EFFECT ON PARTY COORDINATION STANDARD.—Nothing 

in this section shall be construed to affect the determination of 

coordination between a candidate and a political committee of 

a political party for purposes of section 315(d). 

(4) NO SAFE HARBOR FOR USE OF FIREWALL.—A person shall 

be determined to have made a payment in cooperation, consultation, or concert with, or at the request or suggestion of, a 

candidate or committee, in accordance with this section without 

regard to whether or not the person established and used a firewall or similar procedures to restrict the sharing of information 

between individuals who are employed by or who are serving as 

agents for the person making the payment. 

(c) PAYMENTS BY COORDINATED SPENDERS FOR COVERED COMMUNICATIONS.— 

(1) PAYMENTS MADE IN COOPERATION, CONSULTATION, OR

CONCERT WITH CANDIDATES.—For purposes of subsection 

(a)(1)(A), if the person who makes a payment for a covered communication, as defined in subsection (d), is a coordinated 

spender under paragraph (2) with respect to the candidate as 

described in subsection (d)(1), the payment for the covered communication is made in cooperation, consultation, or concert 

with the candidate. 

(2) COORDINATED SPENDER DEFINED.—For purposes of this 

subsection, the term ‘‘coordinated spender’’ means, with respect 

to a candidate or an authorized committee of a candidate, a 


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person (other than a political committee of a political party) for 

which any of the following applies: 

(A) During the 4-year period ending on the date on which 

the person makes the payment, the person was directly or 

indirectly formed or established by or at the request or suggestion of, or with the encouragement of, the candidate (including an individual who later becomes a candidate) or 

committee or agents of the candidate or committee, including with the approval of the candidate or committee or 

agents of the candidate or committee. 

(B) The candidate or committee or any agent of the candidate or committee solicits funds, appears at a fundraising 

event, or engages in other fundraising activity on the person’s behalf during the election cycle involved, including by 

providing the person with names of potential donors or 

other lists to be used by the person in engaging in fundraising activity, regardless of whether the person pays fair 

market value for the names or lists provided. For purposes 

of this subparagraph, the term ‘‘election cycle’’ means, with 

respect to an election for Federal office, the period beginning on the day after the date of the most recent general 

election for that office (or, if the general election resulted in 

a runoff election, the date of the runoff election) and ending 

on the date of the next general election for that office (or, 

if the general election resulted in a runoff election, the date 

of the runoff election). 

(C) The person is established, directed, or managed by 

the candidate or committee or by any person who, during 

the 4-year period ending on the date on which the person 

makes the payment, has been employed or retained as a political, campaign media, or fundraising adviser or consultant for the candidate or committee or for any other entity 

directly or indirectly controlled by the candidate or committee, or has held a formal position with the candidate or 

committee (including a position as an employee of the office 

of the candidate at any time the candidate held any Federal, State, or local public office during the 4-year period). 

(D) The person has retained the professional services of 

any person who, during the 2-year period ending on the 

date on which the person makes the payment, has provided 

or is providing professional services relating to the campaign to the candidate or committee, without regard to 

whether the person providing the professional services used 

a firewall. For purposes of this subparagraph, the term 

‘‘professional services’’ includes any services in support of 

the candidate’s or committee’s campaign activities, including advertising, message, strategy, policy, polling, allocation of resources, fundraising, and campaign operations, 

but does not include accounting or legal services. 

(E) The person is established, directed, or managed by a 

member of the immediate family of the candidate, or the 

person or any officer or agent of the person has had more 

than incidental discussions about the candidate’s campaign 

with a member of the immediate family of the candidate. 

For purposes of this subparagraph, the term ‘‘immediate 


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family’’ has the meaning given such term in section 9004(e) 

of the Internal Revenue Code of 1986. 

(d) COVERED COMMUNICATION DEFINED.— (1) IN GENERAL.—For purposes of this section, the term ‘‘covered communication’’ means, with respect to a candidate or an 

authorized committee of a candidate, a public communication 

(as defined in section 301(22)) which— 

(A) expressly advocates the election of the candidate or 

the defeat of an opponent of the candidate (or contains the 

functional equivalent of express advocacy); 

(B) promotes or supports the election of the candidate, or 

attacks or opposes the election of an opponent of the candidate (regardless of whether the communication expressly 

advocates the election or defeat of a candidate or contains 

the functional equivalent of express advocacy); or 

(C) refers to the candidate or an opponent of the candidate but is not described in subparagraph (A) or subparagraph (B), but only if the communication is disseminated during the applicable election period. 

(2) APPLICABLE ELECTION PERIOD.—In paragraph (1)(C), the 

‘‘applicable election period’’ with respect to a communication 

means— 

(A) in the case of a communication which refers to a candidate in a general, special, or runoff election, the 120-day 

period which ends on the date of the election; or 

(B) in the case of a communication which refers to a candidate in a primary or preference election, or convention or 

caucus of a political party that has authority to nominate 

a candidate, the 60-day period which ends on the date of 

the election or convention or caucus. 

(3) SPECIAL RULES FOR COMMUNICATIONS INVOLVING CONGRESSIONAL CANDIDATES.—For purposes of this subsection, a 

public communication shall not be considered to be a covered 

communication with respect to a candidate for election for an 

office other than the office of President or Vice President unless 

it is publicly disseminated or distributed in the jurisdiction of 

the office the candidate is seeking. 

(e) PENALTY.— (1) DETERMINATION OF AMOUNT.—Any person who knowingly 

and willfully commits a violation of this Act by making a contribution which consists of a payment for a coordinated expenditure shall be fined an amount equal to the greater of— 

(A) in the case of a person who makes a contribution 

which consists of a payment for a coordinated expenditure 

in an amount exceeding the applicable contribution limit 

under this Act, 300 percent of the amount by which the 

amount of the payment made by the person exceeds such 

applicable contribution limit; or 

(B) in the case of a person who is prohibited under this 

Act from making a contribution in any amount, 300 percent 

of the amount of the payment made by the person for the 

coordinated expenditure. 

(2) JOINT AND SEVERAL LIABILITY.—Any director, manager, or 

officer of a person who is subject to a penalty under paragraph 

(1) shall be jointly and severally liable for any amount of such 


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penalty that is not paid by the person prior to the expiration of 

the 1-year period which begins on the date the Commission imposes the penalty or the 1-year period which begins on the date 

of the final judgment following any judicial review of the Commission’s action, whichever is later. 

* * * * * * * 

TITLE IV—GENERAL PROVISIONS 

* * * * * * * 

SEC. 407. JUDICIAL REVIEW. 

(a) IN GENERAL.—Notwithstanding section 373(f), if any action is 

brought for declaratory or injunctive relief to challenge the constitutionality of any provision of this Act or of chapter 95 or 96 of the 

Internal Revenue Code of 1986, or is brought to with respect to any 

action of the Commission under chapter 95 or 96 of the Internal 

Revenue Code of 1986, the following rules shall apply: 

(1) The action shall be filed in the United States District 

Court for the District of Columbia and an appeal from the decision of the district court may be taken to the Court of Appeals 

for the District of Columbia Circuit. 

(2) In the case of an action relating to declaratory or injunctive relief to challenge the constitutionality of a provision— 

(A) a copy of the complaint shall be delivered promptly 

to the Clerk of the House of Representatives and the Secretary of the Senate; and 

(B) it shall be the duty of the United States District 

Court for the District of Columbia, the Court of Appeals for 

the District of Columbia, and the Supreme Court of the 

United States to advance on the docket and to expedite to 

the greatest possible extent the disposition of the action and 

appeal. 

(b) INTERVENTION BY MEMBERS OF CONGRESS.—In any action in 

which the constitutionality of any provision of this Act or chapter 

95 or 96 of the Internal Revenue Code of 1986 is raised, any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right 

to intervene either in support of or opposition to the position of a 

party to the case regarding the constitutionality of the provision. To 

avoid duplication of efforts and reduce the burdens placed on the 

parties to the action, the court in any such action may make such 

orders as it considers necessary, including orders to require 

interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument. 

(c) CHALLENGE BY MEMBERS OF CONGRESS.—Any Member of Congress may bring an action, subject to the special rules described in 

subsection (a), for declaratory or injunctive relief to challenge the 

constitutionality of any provision of this Act or chapter 95 or 96 of 

the Internal Revenue Code of 1986. 

* * * * * * * 


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TITLE V—SMALL DOLLAR FINANCING 

OF CONGRESSIONAL ELECTION CAMPAIGNS 

Subtitle A—Benefits 

SEC. 501. BENEFITS FOR PARTICIPATING CANDIDATES. 

(a) IN GENERAL.—If a candidate for election to the office of Representative in, or Delegate or Resident Commissioner to, the Congress is certified as a participating candidate under this title with 

respect to an election for such office, the candidate shall be entitled 

to payments as provided under this title. 

(b) AMOUNT OF PAYMENT.—The amount of a payment made under 

this title shall be equal to 600 percent of the amount of qualified 

small dollar contributions received by the candidate since the most 

recent payment made to the candidate under this title during the 

election cycle, without regard to whether or not the candidate received any of the contributions before, during, or after the Small 

Dollar Democracy qualifying period applicable to the candidate 

under section 511(c). 

(c) LIMIT ON AGGREGATE AMOUNT OF PAYMENTS.—The aggregate 

amount of payments made to a participating candidate with respect 

to an election cycle under this title may not exceed 50 percent of the 

average of the 20 greatest amounts of disbursements made by the 

authorized committees of any winning candidate for the office of 

Representative in, or Delegate or Resident Commissioner to, the 

Congress during the most recent election cycle, rounded to the nearest $100,000. 

SEC. 502. PROCEDURES FOR MAKING PAYMENTS. 

(a) IN GENERAL.—The Commission shall make a payment under 

section 501 to a candidate who is certified as a participating candidate upon receipt from the candidate of a request for a payment 

which includes— 

(1) a statement of the number and amount of qualified small 

dollar contributions received by the candidate since the most recent payment made to the candidate under this title during the 

election cycle; 

(2) a statement of the amount of the payment the candidate 

anticipates receiving with respect to the request; 

(3) a statement of the total amount of payments the candidate 

has received under this title as of the date of the statement; and 

(4) such other information and assurances as the Commission 

may require. 

(b) RESTRICTIONS ON SUBMISSION OF REQUESTS.—A candidate 

may not submit a request under subsection (a) unless each of the 

following applies: 

(1) The amount of the qualified small dollar contributions in 

the statement referred to in subsection (a)(1) is equal to or 

greater than $5,000, unless the request is submitted during the 

30-day period which ends on the date of a general election. 

(2) The candidate did not receive a payment under this title 

during the 7-day period which ends on the date the candidate 

submits the request. 


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(c) TIME OF PAYMENT.—The Commission shall, in coordination 

with the Secretary of the Treasury, take such steps as may be necessary to ensure that the Secretary is able to make payments under 

this section from the Treasury not later than 2 business days after 

the receipt of a request submitted under subsection (a). 

SEC. 503. USE OF FUNDS. 

(a) USE OF FUNDS FOR AUTHORIZED CAMPAIGN EXPENDITURES.— 

A candidate shall use payments made under this title, including 

payments provided with respect to a previous election cycle which 

are withheld from remittance to the Commission in accordance with 

section 524(a)(2), only for making direct payments for the receipt of 

goods and services which constitute authorized expenditures (as determined in accordance with title III) in connection with the election 

cycle involved. 

(b) PROHIBITING USE OF FUNDS FOR LEGAL EXPENSES, FINES, OR

PENALTIES.—Notwithstanding title III, a candidate may not use 

payments made under this title for the payment of expenses incurred 

in connection with any action, claim, or other matter before the 

Commission or before any court, hearing officer, arbitrator, or other 

dispute resolution entity, or for the payment of any fine or civil 

monetary penalty. 

SEC. 504. QUALIFIED SMALL DOLLAR CONTRIBUTIONS DESCRIBED. 

(a) IN GENERAL.—In this title, the term ‘‘qualified small dollar 

contribution’’ means, with respect to a candidate and the authorized 

committees of a candidate, a contribution that meets the following 

requirements: 

(1) The contribution is in an amount that is— 

(A) not less than $1; and 

(B) not more than $200. 

(2)(A) The contribution is made directly by an individual to 

the candidate or an authorized committee of the candidate and 

is not— 

(i) forwarded from the individual making the contribution to the candidate or committee by another person; or 

(ii) received by the candidate or committee with the 

knowledge that the contribution was made at the request, 

suggestion, or recommendation of another person. 

(B) In this paragraph— 

(i) the term ‘‘person’’ does not include an individual 

(other than an individual described in section 304(i)(7) of 

the Federal Election Campaign Act of 1971), a political 

committee of a political party, or any political committee 

which is not a separate segregated fund described in section 316(b) of the Federal Election Campaign Act of 1971 

and which does not make contributions or independent expenditures, does not engage in lobbying activity under the 

Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.), 

and is not established by, controlled by, or affiliated with 

a registered lobbyist under such Act, an agent of a registered lobbyist under such Act, or an organization which 

retains or employs a registered lobbyist under such Act; 

and 

(ii) a contribution is not ‘‘made at the request, suggestion, 

or recommendation of another person’’ solely on the 


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grounds that the contribution is made in response to information provided to the individual making the contribution 

by any person, so long as the candidate or authorized committee does not know the identity of the person who provided the information to such individual. 

(3) The individual who makes the contribution does not make 

contributions to the candidate or the authorized committees of 

the candidate with respect to the election involved in an aggregate amount that exceeds the amount described in paragraph 

(1)(B), or any contribution to the candidate or the authorized 

committees of the candidate with respect to the election involved 

that otherwise is not a qualified small dollar contribution. 

(b) TREATMENT OF MY VOICE VOUCHERS.—Any payment received 

by a candidate and the authorized committees of a candidate which 

consists of a My Voice Voucher under the Government By the People 

Act of 2019 shall be considered a qualified small dollar contribution 

for purposes of this title, so long as the individual making the payment meets the requirements of paragraphs (2) and (3) of subsection 

(a). 

(c) RESTRICTION ON SUBSEQUENT CONTRIBUTIONS.— (1) PROHIBITING DONOR FROM MAKING SUBSEQUENT NON- QUALIFIED CONTRIBUTIONS DURING ELECTION CYCLE.— (A) IN GENERAL.—An individual who makes a qualified 

small dollar contribution to a candidate or the authorized 

committees of a candidate with respect to an election may 

not make any subsequent contribution to such candidate or 

the authorized committees of such candidate with respect to 

the election cycle which is not a qualified small dollar contribution. 

(B) EXCEPTION FOR CONTRIBUTIONS TO CANDIDATES WHO

VOLUNTARILY WITHDRAW FROM PARTICIPATION DURING

QUALIFYING PERIOD.—Subparagraph (A) does not apply 

with respect to a contribution made to a candidate who, 

during the Small Dollar Democracy qualifying period described in section 511(c), submits a statement to the Commission under section 513(c) to voluntarily withdraw from 

participating in the program under this title. 

(2) TREATMENT OF SUBSEQUENT NONQUALIFIED CONTRIBU- TIONS.—If, notwithstanding the prohibition described in paragraph (1), an individual who makes a qualified small dollar 

contribution to a candidate or the authorized committees of a 

candidate with respect to an election makes a subsequent contribution to such candidate or the authorized committees of 

such candidate with respect to the election which is prohibited 

under paragraph (1) because it is not a qualified small dollar 

contribution, the candidate may take one of the following actions: 

(A) Not later than 2 weeks after receiving the contribution, the candidate may return the subsequent contribution 

to the individual. In the case of a subsequent contribution 

which is not a qualified small dollar contribution because 

the contribution fails to meet the requirements of paragraph (3) of subsection (a) (relating to the aggregate 

amount of contributions made to the candidate or the authorized committees of the candidate by the individual 


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making the contribution), the candidate may return an 

amount equal to the difference between the amount of the 

subsequent contribution and the amount described in paragraph (1)(B) of subsection (a). 

(B) The candidate may retain the subsequent contribution, so long as not later than 2 weeks after receiving the 

subsequent contribution, the candidate remits to the Commission for deposit in the Freedom From Influence Fund 

under section 541 an amount equal to any payments received by the candidate under this title which are attributable to the qualified small dollar contribution made by 

the individual involved. 

(3) NO EFFECT ON ABILITY TO MAKE MULTIPLE CONTRIBUTIONS.—Nothing in this section may be construed to prohibit an 

individual from making multiple qualified small dollar contributions to any candidate or any number of candidates, so 

long as each contribution meets each of the requirements of 

paragraphs (1), (2), and (3) of subsection (a). 

(d) NOTIFICATION REQUIREMENTS FOR CANDIDATES.— 

(1) NOTIFICATION.—Each authorized committee of a candidate who seeks to be a participating candidate under this title 

shall provide the following information in any materials for the 

solicitation of contributions, including any internet site through 

which individuals may make contributions to the committee: 

(A) A statement that if the candidate is certified as a participating candidate under this title, the candidate will receive matching payments in an amount which is based on 

the total amount of qualified small dollar contributions received. 

(B) A statement that a contribution which meets the requirements set forth in subsection (a) shall be treated as a 

qualified small dollar contribution under this title. 

(C) A statement that if a contribution is treated as qualified small dollar contribution under this title, the individual who makes the contribution may not make any contribution to the candidate or the authorized committees of 

the candidate during the election cycle which is not a qualified small dollar contribution. 

(2) ALTERNATIVE METHODS OF MEETING REQUIREMENTS.—An 

authorized committee may meet the requirements of paragraph 

(1)— 

(A) by including the information described in paragraph 

(1) in the receipt provided under section 512(b)(3) to a person making a qualified small dollar contribution; or 

(B) by modifying the information it provides to persons 

making contributions which is otherwise required under 

title III (including information it provides through the 

internet). 

Subtitle B—Eligibility and Certification 

SEC. 511. ELIGIBILITY. 

(a) IN GENERAL.—A candidate for the office of Representative in, 

or Delegate or Resident Commissioner to, the Congress is eligible to 


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be certified as a participating candidate under this title with respect 

to an election if the candidate meets the following requirements: 

(1) The candidate files with the Commission a statement of 

intent to seek certification as a participating candidate. 

(2) The candidate meets the qualifying requirements of section 512. 

(3) The candidate files with the Commission a statement certifying that the authorized committees of the candidate meet the 

requirements of section 504(d). 

(4) Not later than the last day of the Small Dollar Democracy 

qualifying period, the candidate files with the Commission an 

affidavit signed by the candidate and the treasurer of the candidate’s principal campaign committee declaring that the candidate— 

(A) has complied and, if certified, will comply with the 

contribution and expenditure requirements of section 521; 

(B) if certified, will run only as a participating candidate 

for all elections for the office that such candidate is seeking 

during that election cycle; and 

(C) has either qualified or will take steps to qualify under 

State law to be on the ballot. 

(b) GENERAL ELECTION.—Notwithstanding subsection (a), a candidate shall not be eligible to be certified as a participating candidate under this title for a general election or a general runoff election unless the candidate’s party nominated the candidate to be 

placed on the ballot for the general election or the candidate is otherwise qualified to be on the ballot under State law. 

(c) SMALL DOLLAR DEMOCRACY QUALIFYING PERIOD DEFINED.— The term ‘‘Small Dollar Democracy qualifying period’’ means, with 

respect to any candidate for an office, the 180-day period (during 

the election cycle for such office) which begins on the date on which 

the candidate files a statement of intent under section 511(a)(1), except that such period may not continue after the date that is 30 days 

before the date of the general election for the office. 

SEC. 512. QUALIFYING REQUIREMENTS. 

(a) RECEIPT OF QUALIFIED SMALL DOLLAR CONTRIBUTIONS.—A 

candidate for the office of Representative in, or Delegate or Resident 

Commissioner to, the Congress meets the requirement of this section 

if, during the Small Dollar Democracy qualifying period described 

in section 511(c), each of the following occurs: 

(1) Not fewer than 1,000 individuals make a qualified small 

dollar contribution to the candidate. 

(2) The candidate obtains a total dollar amount of qualified 

small dollar contributions which is equal to or greater than 

$50,000. 

(b) REQUIREMENTS RELATING TO RECEIPT OF QUALIFIED SMALL

DOLLAR CONTRIBUTION.—Each qualified small dollar contribution— 

(1) may be made by means of a personal check, money order, 

debit card, credit card, electronic payment account, or any other 

method deemed appropriate by the Commission; 

(2) shall be accompanied by a signed statement (or, in the 

case of a contribution made online or through other electronic 

means, an electronic equivalent) containing the contributor’s 

name and address; and 


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(3) shall be acknowledged by a receipt that is sent to the contributor with a copy (in paper or electronic form) kept by the 

candidate for the Commission. 

(c) VERIFICATION OF CONTRIBUTIONS.—The Commission shall establish procedures for the auditing and verification of the contributions received and expenditures made by participating candidates 

under this title, including procedures for random audits, to ensure 

that such contributions and expenditures meet the requirements of 

this title. 

SEC. 513. CERTIFICATION. 

(a) DEADLINE AND NOTIFICATION.— 

(1) IN GENERAL.—Not later than 5 business days after a candidate files an affidavit under section 511(a)(4), the Commission shall— 

(A) determine whether or not the candidate meets the requirements for certification as a participating candidate; 

(B) if the Commission determines that the candidate 

meets such requirements, certify the candidate as a participating candidate; and 

(C) notify the candidate of the Commission’s determination. 

(2) DEEMED CERTIFICATION FOR ALL ELECTIONS IN ELECTION

CYCLE.—If the Commission certifies a candidate as a participating candidate with respect to the first election of the election 

cycle involved, the Commission shall be deemed to have certified the candidate as a participating candidate with respect to 

all subsequent elections of the election cycle. 

(b) REVOCATION OF CERTIFICATION.— 

(1) IN GENERAL.—The Commission shall revoke a certification 

under subsection (a) if— 

(A) a candidate fails to qualify to appear on the ballot at 

any time after the date of certification (other than a candidate certified as a participating candidate with respect to 

a primary election who fails to qualify to appear on the ballot for a subsequent election in that election cycle); 

(B) a candidate ceases to be a candidate for the office involved, as determined on the basis of an official announcement by an authorized committee of the candidate or on the 

basis of a reasonable determination by the Commission; or 

(C) a candidate otherwise fails to comply with the requirements of this title, including any regulatory requirements prescribed by the Commission. 

(2) EXISTENCE OF CRIMINAL SANCTION.—The Commission 

shall revoke a certification under subsection (a) if a penalty is 

assessed against the candidate under section 309(d) with respect to the election. 

(3) EFFECT OF REVOCATION.—If a candidate’s certification is 

revoked under this subsection— 

(A) the candidate may not receive payments under this 

title during the remainder of the election cycle involved; 

and 

(B) in the case of a candidate whose certification is revoked pursuant to subparagraph (A) or subparagraph (C) 

of paragraph (1)— 


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(i) the candidate shall repay to the Freedom From 

Influence Fund established under section 541 an 

amount equal to the payments received under this title 

with respect to the election cycle involved plus interest 

(at a rate determined by the Commission on the basis 

of an appropriate annual percentage rate for the month 

involved) on any such amount received; and 

(ii) the candidate may not be certified as a participating candidate under this title with respect to the 

next election cycle. 

(4) PROHIBITING PARTICIPATION IN FUTURE ELECTIONS FOR

CANDIDATES WITH MULTIPLE REVOCATIONS.—If the Commission 

revokes the certification of an individual as a participating candidate under this title pursuant to subparagraph (A) or subparagraph (C) of paragraph (1) a total of 3 times, the individual may not be certified as a participating candidate under 

this title with respect to any subsequent election. 

(c) VOLUNTARY WITHDRAWAL FROM PARTICIPATING DURING

QUALIFYING PERIOD.—At any time during the Small Dollar Democracy qualifying period described in section 511(c), a candidate may 

withdraw from participation in the program under this title by submitting to the Commission a statement of withdrawal (without regard to whether or not the Commission has certified the candidate 

as a participating candidate under this title as of the time the candidate submits such statement), so long as the candidate has not 

submitted a request for payment under section 502. 

(d) PARTICIPATING CANDIDATE DEFINED.—In this title, a ‘‘participating candidate’’ means a candidate for the office of Representative 

in, or Delegate or Resident Commissioner to, the Congress who is 

certified under this section as eligible to receive benefits under this 

title. 

Subtitle C—Requirements for Candidates 

Certified as Participating Candidates 

SEC. 521. CONTRIBUTION AND EXPENDITURE REQUIREMENTS. 

(a) PERMITTED SOURCES OF CONTRIBUTIONS AND EXPENDITURES.—Except as provided in subsection (c), a participating candidate with respect to an election shall, with respect to all elections 

occurring during the election cycle for the office involved, accept no 

contributions from any source and make no expenditures from any 

amounts, other than the following: 

(1) Qualified small dollar contributions. 

(2) Payments under this title. 

(3) Contributions from political committees established and 

maintained by a national or State political party, subject to the 

applicable limitations of section 315. 

(4) Subject to subsection (b), personal funds of the candidate 

or of any immediate family member of the candidate (other 

than funds received through qualified small dollar contributions). 

(5) Contributions from individuals who are otherwise permitted to make contributions under this Act, subject to the applicable limitations of section 315, except that the aggregate 


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amount of contributions a participating candidate may accept 

from any individual with respect to any election during the election cycle may not exceed $1,000. 

(6) Contributions from multicandidate political committees, 

subject to the applicable limitations of section 315. 

(b) SPECIAL RULES FOR PERSONAL FUNDS.— (1) LIMIT ON AMOUNT.—A candidate who is certified as a participating candidate may use personal funds (including personal funds of any immediate family member of the candidate) 

so long as— 

(A) the aggregate amount used with respect to the election 

cycle (including any period of the cycle occurring prior to 

the candidate’s certification as a participating candidate) 

does not exceed $50,000; and 

(B) the funds are used only for making direct payments 

for the receipt of goods and services which constitute authorized expenditures in connection with the election cycle 

involved. 

(2) IMMEDIATE FAMILY MEMBER DEFINED.—In this subsection, 

the term ‘‘immediate family member’’ means, with respect to a 

candidate— 

(A) the candidate’s spouse; 

(B) a child, stepchild, parent, grandparent, brother, halfbrother, sister, or half-sister of the candidate or the candidate’s spouse; and 

(C) the spouse of any person described in subparagraph 

(B). 

(c) EXCEPTIONS.— (1) EXCEPTION FOR CONTRIBUTIONS RECEIVED PRIOR TO FIL- ING OF STATEMENT OF INTENT.—A candidate who has accepted 

contributions that are not described in subsection (a) is not in 

violation of subsection (a), but only if all such contributions 

are— 

(A) returned to the contributor; 

(B) submitted to the Commission for deposit in the Freedom From Influence Fund established under section 541; or 

(C) spent in accordance with paragraph (2). 

(2) EXCEPTION FOR EXPENDITURES MADE PRIOR TO FILING OF

STATEMENT OF INTENT.—If a candidate has made expenditures 

prior to the date the candidate files a statement of intent under 

section 511(a)(1) that the candidate is prohibited from making 

under subsection (a) or subsection (b), the candidate is not in 

violation of such subsection if the aggregate amount of the prohibited expenditures is less than the amount referred to in section 512(a)(2) (relating to the total dollar amount of qualified 

small dollar contributions which the candidate is required to 

obtain) which is applicable to the candidate. 

(3) EXCEPTION FOR CAMPAIGN SURPLUSES FROM A PREVIOUS

ELECTION.—Notwithstanding paragraph (1), unexpended contributions received by the candidate or an authorized committee 

of the candidate with respect to a previous election may be retained, but only if the candidate places the funds in escrow and 

refrains from raising additional funds for or spending funds 

from that account during the election cycle in which a candidate is a participating candidate. 


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(4) EXCEPTION FOR CONTRIBUTIONS RECEIVED BEFORE THE EF- FECTIVE DATE OF THIS TITLE.—Contributions received and expenditures made by the candidate or an authorized committee 

of the candidate prior to the effective date of this title shall not 

constitute a violation of subsection (a) or (b). Unexpended contributions shall be treated the same as campaign surpluses 

under paragraph (3), and expenditures made shall count 

against the limit in paragraph (2). 

(d) SPECIAL RULE FOR COORDINATED PARTY EXPENDITURES.—For 

purposes of this section, a payment made by a political party in coordination with a participating candidate shall not be treated as a 

contribution to or as an expenditure made by the participating candidate. 

(e) PROHIBITION ON JOINT FUNDRAISING COMMITTEES.— (1) PROHIBITION.—An authorized committee of a candidate 

who is certified as a participating candidate under this title 

with respect to an election may not establish a joint fundraising 

committee with a political committee other than another authorized committee of the candidate. 

(2) STATUS OF EXISTING COMMITTEES FOR PRIOR ELEC- TIONS.—If a candidate established a joint fundraising committee described in paragraph (1) with respect to a prior election for which the candidate was not certified as a participating 

candidate under this title and the candidate does not terminate 

the committee, the candidate shall not be considered to be in 

violation of paragraph (1) so long as that joint fundraising 

committee does not receive any contributions or make any disbursements during the election cycle for which the candidate is 

certified as a participating candidate under this title. 

(f) PROHIBITION ON LEADERSHIP PACS.— (1) PROHIBITION.—A candidate who is certified as a participating candidate under this title with respect to an election may 

not associate with, establish, finance, maintain, or control a 

leadership PAC. 

(2) STATUS OF EXISTING LEADERSHIP PACS.—If a candidate established, financed, maintained, or controlled a leadership PAC 

prior to being certified as a participating candidate under this 

title and the candidate does not terminate the leadership PAC, 

the candidate shall not be considered to be in violation of paragraph (1) so long as the leadership PAC does not receive any 

contributions or make any disbursements during the election 

cycle for which the candidate is certified as a participating candidate under this title. 

(3) LEADERSHIP PAC DEFINED.—In this subsection, the term 

‘‘leadership PAC’’ has the meaning given such term in section 

304(i)(8)(B). 

SEC. 522. ADMINISTRATION OF CAMPAIGN. 

(a) SEPARATE ACCOUNTING FOR VARIOUS PERMITTED CONTRIBUTIONS.—Each authorized committee of a candidate certified as a 

participating candidate under this title— 

(1) shall provide for separate accounting of each type of contribution described in section 521(a) which is received by the 

committee; and 

(2) shall provide for separate accounting for the payments received under this title. 


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(b) ENHANCED DISCLOSURE OF INFORMATION ON DONORS.— 

(1) MANDATORY IDENTIFICATION OF INDIVIDUALS MAKING

QUALIFIED SMALL DOLLAR CONTRIBUTIONS.—Each authorized 

committee of a participating candidate under this title shall 

elect, in accordance with section 304(b)(3)(A), to include in the 

reports the committee submits under section 304 the identification of each person who makes a qualified small dollar contribution to the committee. 

(2) MANDATORY DISCLOSURE THROUGH INTERNET.—Each authorized committee of a participating candidate under this title 

shall ensure that all information reported to the Commission 

under this Act with respect to contributions and expenditures of 

the committee is available to the public on the internet (whether 

through a site established for purposes of this subsection, a 

hyperlink on another public site of the committee, or a 

hyperlink on a report filed electronically with the Commission) 

in a searchable, sortable, and downloadable manner. 

SEC. 523. PREVENTING UNNECESSARY SPENDING OF PUBLIC FUNDS. 

(a) MANDATORY SPENDING OF AVAILABLE PRIVATE FUNDS.—An 

authorized committee of a candidate certified as a participating 

candidate under this title may not make any expenditure of any 

payments received under this title in any amount unless the committee has made an expenditure in an equivalent amount of funds 

received by the committee which are described in paragraphs (1), 

(3), (4), (5), and (6) of section 521(a). 

(b) LIMITATION.—Subsection (a) applies to an authorized committee only to the extent that the funds referred to in such subsection are available to the committee at the time the committee 

makes an expenditure of a payment received under this title. 

SEC. 524. REMITTING UNSPENT FUNDS AFTER ELECTION. 

(a) REMITTANCE REQUIRED.—Not later than the date that is 180 

days after the last election for which a candidate certified as a participating candidate qualifies to be on the ballot during the election 

cycle involved, such participating candidate shall remit to the Commission for deposit in the Freedom From Influence Fund established 

under section 541 an amount equal to the balance of the payments 

received under this title by the authorized committees of the candidate which remain unexpended as of such date. 

(b) PERMITTING CANDIDATES PARTICIPATING IN NEXT ELECTION

CYCLE TO RETAIN PORTION OF UNSPENT FUNDS.—Notwithstanding 

subsection (a), a participating candidate may withhold not more 

than $100,000 from the amount required to be remitted under subsection (a) if the candidate files a signed affidavit with the Commission that the candidate will seek certification as a participating candidate with respect to the next election cycle, except that the candidate may not use any portion of the amount withheld until the 

candidate is certified as a participating candidate with respect to 

that next election cycle. If the candidate fails to seek certification as 

a participating candidate prior to the last day of the Small Dollar 

Democracy qualifying period for the next election cycle (as described 

in section 511), or if the Commission notifies the candidate of the 

Commission’s determination does not meet the requirements for certification as a participating candidate with respect to such cycle, the 


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candidate shall immediately remit to the Commission the amount 

withheld. 

Subtitle D—Enhanced Match Support 

SEC. 531. ENHANCED SUPPORT FOR GENERAL ELECTION. 

(a) AVAILABILITY OF ENHANCED SUPPORT.—In addition to the payments made under subtitle A, the Commission shall make an additional payment to an eligible candidate under this subtitle. 

(b) USE OF FUNDS.—A candidate shall use the additional payment under this subtitle only for authorized expenditures in connection with the election involved. 

SEC. 532. ELIGIBILITY. 

(a) IN GENERAL.—A candidate is eligible to receive an additional 

payment under this subtitle if the candidate meets each of the following requirements: 

(1) The candidate is on the ballot for the general election for 

the office the candidate seeks. 

(2) The candidate is certified as a participating candidate 

under this title with respect to the election. 

(3) During the enhanced support qualifying period, the candidate receives qualified small dollar contributions in a total 

amount of not less than $50,000. 

(4) During the enhanced support qualifying period, the candidate submits to the Commission a request for the payment 

which includes— 

(A) a statement of the number and amount of qualified 

small dollar contributions received by the candidate during 

the enhanced support qualifying period; 

(B) a statement of the amount of the payment the candidate anticipates receiving with respect to the request; and 

(C) such other information and assurances as the Commission may require. 

(5) After submitting a request for the additional payment 

under paragraph (4), the candidate does not submit any other 

application for an additional payment under this subtitle. 

(b) ENHANCED SUPPORT QUALIFYING PERIOD DESCRIBED.—In this 

subtitle, the term ‘‘enhanced support qualifying period’’ means, with 

respect to a general election, the period which begins 60 days before 

the date of the election and ends 14 days before the date of the election. 

SEC. 533. AMOUNT. 

(a) IN GENERAL.—Subject to subsection (b), the amount of the additional payment made to an eligible candidate under this subtitle 

shall be an amount equal to 50 percent of— 

(1) the amount of the payment made to the candidate under 

section 501(b) with respect to the qualified small dollar contributions which are received by the candidate during the enhanced support qualifying period (as included in the request 

submitted by the candidate under section 532(a)(4)); or 

(2) in the case of a candidate who is not eligible to receive a 

payment under section 501(b) with respect to such qualified 

small dollar contributions because the candidate has reached 

the limit on the aggregate amount of payments under subtitle 


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A for the election cycle under section 501(c), the amount of the 

payment which would have been made to the candidate under 

section 501(b) with respect to such qualified small dollar contributions if the candidate had not reached such limit. 

(b) LIMIT.—The amount of the additional payment determined 

under subsection (a) with respect to a candidate may not exceed 

$500,000. 

(c) NO EFFECT ON AGGREGATE LIMIT.—The amount of the additional payment made to a candidate under this subtitle shall not be 

included in determining the aggregate amount of payments made to 

a participating candidate with respect to an election cycle under section 501(c). 

SEC. 534. WAIVER OF AUTHORITY TO RETAIN PORTION OF UNSPENT 

FUNDS AFTER ELECTION. 

Notwithstanding section 524(a)(2), a candidate who receives an 

additional payment under this subtitle with respect to an election 

is not permitted to withhold any portion from the amount of 

unspent funds the candidate is required to remit to the Commission 

under section 524(a)(1). 

Subtitle E—Administrative Provisions 

SEC. 541. FREEDOM FROM INFLUENCE FUND. 

(a) ESTABLISHMENT.—There is established in the Treasury a fund 

to be known as the ‘‘Freedom From Influence Fund’’. 

(b) AMOUNTS HELD BY FUND.—The Fund shall consist of the following amounts: 

(1) DEPOSITS.—Amounts deposited into the Fund under— 

(A) section 521(c)(1)(B) (relating to exceptions to contribution requirements); 

(B) section 523 (relating to remittance of unused payments from the Fund); and 

(C) section 544 (relating to violations). 

(2) INVESTMENT RETURNS.—Interest on, and the proceeds 

from, the sale or redemption of any obligations held by the 

Fund under subsection (c). 

(c) INVESTMENT.—The Commission shall invest portions of the 

Fund in obligations of the United States in the same manner as 

provided under section 9602(b) of the Internal Revenue Code of 

1986. 

(d) USE OF FUND TO MAKE PAYMENTS TO PARTICIPATING CAN- DIDATES.— 

(1) PAYMENTS TO PARTICIPATING CANDIDATES.—Amounts in 

the Fund shall be available without further appropriation or 

fiscal year limitation to make payments to participating candidates as provided in this title. 

(2) MANDATORY REDUCTION OF PAYMENTS IN CASE OF INSUFFICIENT AMOUNTS IN FUND.— 

(A) ADVANCE AUDITS BY COMMISSION.—Not later than 90 

days before the first day of each election cycle (beginning 

with the first election cycle that begins after the date of the 

enactment of this title), the Commission shall— 

(i) audit the Fund to determine whether the amounts 

in the Fund will be sufficient to make payments to parVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00374 Fmt 6659 Sfmt 6603 E:\HR\OC\HR015P1.XXX HR015P1

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ticipating candidates in the amounts provided in this 

title during such election cycle; and 

(ii) submit a report to Congress describing the results 

of the audit. 

(B) REDUCTIONS IN AMOUNT OF PAYMENTS.— 

(i) AUTOMATIC REDUCTION ON PRO RATA BASIS.—If, 

on the basis of the audit described in subparagraph 

(A), the Commission determines that the amount anticipated to be available in the Fund with respect to the 

election cycle involved is not, or may not be, sufficient 

to satisfy the full entitlements of participating candidates to payments under this title for such election 

cycle, the Commission shall reduce each amount which 

would otherwise be paid to a participating candidate 

under this title by such pro rata amount as may be 

necessary to ensure that the aggregate amount of payments anticipated to be made with respect to the election cycle will not exceed the amount anticipated to be 

available for such payments in the Fund with respect 

to such election cycle. 

(ii) RESTORATION OF REDUCTIONS IN CASE OF AVAILABILITY OF SUFFICIENT FUNDS DURING ELECTION

CYCLE.—If, after reducing the amounts paid to participating candidates with respect to an election cycle 

under clause (i), the Commission determines that there 

are sufficient amounts in the Fund to restore the 

amount by which such payments were reduced (or any 

portion thereof), to the extent that such amounts are 

available, the Commission may make a payment on a 

pro rata basis to each such participating candidate 

with respect to the election cycle in the amount by 

which such candidate’s payments were reduced under 

clause (i) (or any portion thereof, as the case may be). 

(iii) NO USE OF AMOUNTS FROM OTHER SOURCES.—In 

any case in which the Commission determines that 

there are insufficient moneys in the Fund to make payments to participating candidates under this title, 

moneys shall not be made available from any other 

source for the purpose of making such payments. 

(e) USE OF FUND TO MAKE OTHER PAYMENTS.—In addition to the 

use described in subsection (d), amounts in the Fund shall be available without further appropriation or fiscal year limitation— 

(1) to make payments to States under the My Voice Voucher 

Program under the Government By the People Act of 2019, subject to reductions under section 5101(f)(3) of such Act; 

(2) to make payments to candidates under chapter 95 of subtitle H of the Internal Revenue Code of 1986, subject to reductions under section 9013(b) of such Code; and 

(3) to make payments to candidates under chapter 96 of subtitle H of the Internal Revenue Code of 1986, subject to reductions under section 9043(b) of such Code. 

(f) EFFECTIVE DATE.—This section shall take effect on the date of 

the enactment of this title. 


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SEC. 542. REVIEWS AND REPORTS BY GOVERNMENT ACCOUNTABILITY 

OFFICE. 

(a) REVIEW OF SMALL DOLLAR FINANCING.— 

(1) IN GENERAL.—After each regularly scheduled general election for Federal office, the Comptroller General of the United 

States shall conduct a comprehensive review of the Small Dollar financing program under this title, including— 

(A) the maximum and minimum dollar amounts of qualified small dollar contributions under section 504; 

(B) the number and value of qualified small dollar contributions a candidate is required to obtain under section 

512(a) to be eligible for certification as a participating candidate; 

(C) the maximum amount of payments a candidate may 

receive under this title; 

(D) the overall satisfaction of participating candidates 

and the American public with the program; and 

(E) such other matters relating to financing of campaigns 

as the Comptroller General determines are appropriate. 

(2) CRITERIA FOR REVIEW.—In conducting the review under 

subparagraph (A), the Comptroller General shall consider the 

following: 

(A) QUALIFIED SMALL DOLLAR CONTRIBUTIONS.—Whether 

the number and dollar amounts of qualified small dollar 

contributions required strikes an appropriate balance regarding the importance of voter involvement, the need to 

assure adequate incentives for participating, and fiscal responsibility, taking into consideration the number of primary and general election participating candidates, the 

electoral performance of those candidates, program cost, 

and any other information the Comptroller General determines is appropriate. 

(B) REVIEW OF PAYMENT LEVELS.—Whether the totality of 

the amount of funds allowed to be raised by participating 

candidates (including through qualified small dollar contributions) and payments under this title are sufficient for 

voters in each State to learn about the candidates to cast 

an informed vote, taking into account the historic amount 

of spending by winning candidates, media costs, primary 

election dates, and any other information the Comptroller 

General determines is appropriate. 

(3) RECOMMENDATIONS FOR ADJUSTMENT OF AMOUNTS.— 

Based on the review conducted under subparagraph (A), the 

Comptroller General may recommend to Congress adjustments 

of the following amounts: 

(A) The number and value of qualified small dollar contributions a candidate is required to obtain under section 

512(a) to be eligible for certification as a participating candidate. 

(B) The maximum amount of payments a candidate may 

receive under this title. 

(b) REPORTS.—Not later than each June 1 which follows a regularly scheduled general election for Federal office for which payments were made under this title, the Comptroller General shall 


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submit to the Committee on House Administration of the House of 

Representatives a report— 

(1) containing an analysis of the review conducted under subsection (a), including a detailed statement of Comptroller General’s findings, conclusions, and recommendations based on 

such review, including any recommendations for adjustments of 

amounts described in subsection (a)(3); and 

(2) documenting, evaluating, and making recommendations 

relating to the administrative implementation and enforcement 

of the provisions of this title. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated such sums as are necessary to carry out the purposes of this section. 

SEC. 543. ADMINISTRATION BY COMMISSION. 

The Commission shall prescribe regulations to carry out the purposes of this title, including regulations to establish procedures 

for— 

(1) verifying the amount of qualified small dollar contributions with respect to a candidate; 

(2) effectively and efficiently monitoring and enforcing the 

limits on the raising of qualified small dollar contributions; 

(3) effectively and efficiently monitoring and enforcing the 

limits on the use of personal funds by participating candidates; 

and 

(4) monitoring the use of allocations from the Freedom From 

Influence Fund established under section 541 and matching 

contributions under this title through audits of not fewer than 

1⁄10 (or, in the case of the first 3 election cycles during which 

the program under this title is in effect, not fewer than 1⁄3) of 

all participating candidates or other mechanisms. 

SEC. 544. VIOLATIONS AND PENALTIES. 

(a) CIVIL PENALTY FOR VIOLATION OF CONTRIBUTION AND EXPENDITURE REQUIREMENTS.—If a candidate who has been certified 

as a participating candidate accepts a contribution or makes an expenditure that is prohibited under section 521, the Commission may 

assess a civil penalty against the candidate in an amount that is 

not more than 3 times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be deposited 

into the Freedom From Influence Fund established under section 

541. 

(b) REPAYMENT FOR IMPROPER USE OF FREEDOM FROM INFLUENCE FUND.— 

(1) IN GENERAL.—If the Commission determines that any payment made to a participating candidate was not used as provided for in this title or that a participating candidate has violated any of the dates for remission of funds contained in this 

title, the Commission shall so notify the candidate and the candidate shall pay to the Fund an amount equal to— 

(A) the amount of payments so used or not remitted, as 

appropriate; and 

(B) interest on any such amounts (at a rate determined 

by the Commission). 

(2) OTHER ACTION NOT PRECLUDED.—Any action by the Commission in accordance with this subsection shall not preclude 


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enforcement proceedings by the Commission in accordance with 

section 309(a), including a referral by the Commission to the 

Attorney General in the case of an apparent knowing and willful violation of this title. 

(c) PROHIBITING CANDIDATES SUBJECT TO CRIMINAL PENALTY

FROM QUALIFYING AS PARTICIPATING CANDIDATES.—A candidate is 

not eligible to be certified as a participating candidate under this 

title with respect to an election if a penalty has been assessed 

against the candidate under section 309(d) with respect to any previous election. 

SEC. 545. APPEALS PROCESS. 

(a) REVIEW OF ACTIONS.—Any action by the Commission in carrying out this title shall be subject to review by the United States 

Court of Appeals for the District of Columbia upon petition filed in 

the Court not later than 30 days after the Commission takes the action for which the review is sought. 

(b) PROCEDURES.—The provisions of chapter 7 of title 5, United 

States Code, apply to judicial review under this section. 

SEC. 546. INDEXING OF AMOUNTS. 

(a) INDEXING.—In any calendar year after 2024, section 

315(c)(1)(B) shall apply to each amount described in subsection (b) 

in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such 

section, except that for purposes of applying such section to the 

amounts described in subsection (b), the ‘‘base period’’ shall be 2024. 

(b) AMOUNTS DESCRIBED.—The amounts described in this subsection are as follows: 

(1) The amount referred to in section 502(b)(1) (relating to the 

minimum amount of qualified small dollar contributions included in a request for payment). 

(2) The amounts referred to in section 504(a)(1) (relating to 

the amount of a qualified small dollar contribution). 

(3) The amount referred to in section 512(a)(2) (relating to the 

total dollar amount of qualified small dollar contributions). 

(4) The amount referred to in section 521(a)(5) (relating to the 

aggregate amount of contributions a participating candidate 

may accept from any individual with respect to an election). 

(5) The amount referred to in section 521(b)(1)(A) (relating to 

the amount of personal funds that may be used by a candidate 

who is certified as a participating candidate). 

(6) The amounts referred to in section 524(a)(2) (relating to 

the amount of unspent funds a candidate may retain for use in 

the next election cycle). 

(7) The amount referred to in section 532(a)(3) (relating to the 

total dollar amount of qualified small dollar contributions for 

a candidate seeking an additional payment under subtitle D). 

(8) The amount referred to in section 533(b) (relating to the 

limit on the amount of an additional payment made to a candidate under subtitle D). 

SEC. 547. ELECTION CYCLE DEFINED. 

In this title, the term ‘‘election cycle’’ means, with respect to an 

election for an office, the period beginning on the day after the date 

of the most recent general election for that office (or, if the general 

election resulted in a runoff election, the date of the runoff election) 


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and ending on the date of the next general election for that office 

(or, if the general election resulted in a runoff election, the date of 

the runoff election). 

HIGHER EDUCATION ACT OF 1965 

* * * * * * * 

TITLE IV—STUDENT ASSISTANCE 

* * * * * * * 

PART G—GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE

PROGRAMS

* * * * * * * 

SEC. 487. PROGRAM PARTICIPATION AGREEMENTS. 

(a) REQUIRED FOR PROGRAMS OF ASSISTANCE; CONTENTS.—In 

order to be an eligible institution for the purposes of any program 

authorized under this title, an institution must be an institution of 

higher education or an eligible institution (as that term is defined 

for the purpose of that program) and shall, except with respect to 

a program under subpart 4 of part A, enter into a program participation agreement with the Secretary. The agreement shall condition the initial and continuing eligibility of an institution to participate in a program upon compliance with the following requirements: 

(1) The institution will use funds received by it for any program under this title and any interest or other earnings thereon solely for the purpose specified in and in accordance with 

the provision of that program. 

(2) The institution shall not charge any student a fee for 

processing or handling any application, form, or data required 

to determine the student’s eligibility for assistance under this 

title or the amount of such assistance. 

(3) The institution will establish and maintain such administrative and fiscal procedures and records as may be necessary 

to ensure proper and efficient administration of funds received 

from the Secretary or from students under this title, together 

with assurances that the institution will provide, upon request 

and in a timely fashion, information relating to the administrative capability and financial responsibility of the institution 

to— 

(A) the Secretary; 

(B) the appropriate guaranty agency; and 

(C) the appropriate accrediting agency or association. 

(4) The institution will comply with the provisions of subsection (c) of this section and the regulations prescribed under 

that subsection, relating to fiscal eligibility. 

(5) The institution will submit reports to the Secretary and, 

in the case of an institution participating in a program under 

part B or part E, to holders of loans made to the institution’s 

students under such parts at such times and containing such 

information as the Secretary may reasonably require to carry 

out the purpose of this title. 


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(6) The institution will not provide any student with any 

statement or certification to any lender under part B that 

qualifies the student for a loan or loans in excess of the 

amount that student is eligible to borrow in accordance with 

sections 425(a), 428(a)(2), and 428(b)(1) (A) and (B). 

(7) The institution will comply with the requirements of section 485. 

(8) In the case of an institution that advertises job placement 

rates as a means of attracting students to enroll in the institution, the institution will make available to prospective students, at or before the time of application (A) the most recent 

available data concerning employment statistics, graduation 

statistics, and any other information necessary to substantiate 

the truthfulness of the advertisements, and (B) relevant State 

licensing requirements of the State in which such institution 

is located for any job for which the course of instruction is designed to prepare such prospective students. 

(9) In the case of an institution participating in a program 

under part B or D, the institution will inform all eligible borrowers enrolled in the institution about the availability and eligibility of such borrowers for State grant assistance from the 

State in which the institution is located, and will inform such 

borrowers from another State of the source for further information concerning such assistance from that State. 

(10) The institution certifies that it has in operation a drug 

abuse prevention program that is determined by the institution 

to be accessible to any officer, employee, or student at the institution. 

(11) In the case of any institution whose students receive financial assistance pursuant to section 484(d), the institution 

will make available to such students a program proven successful in assisting students in obtaining a certificate of high 

school equivalency. 

(12) The institution certifies that— 

(A) the institution has established a campus security 

policy; and 

(B) the institution has complied with the disclosure requirements of section 485(f). 

(13) The institution will not deny any form of Federal financial aid to any student who meets the eligibility requirements 

of this title on the grounds that the student is participating in 

a program of study abroad approved for credit by the institution. 

(14)(A) The institution, in order to participate as an eligible 

institution under part B or D, will develop a Default Management Plan for approval by the Secretary as part of its initial 

application for certification as an eligible institution and will 

implement such Plan for two years thereafter. 

(B) Any institution of higher education which changes ownership and any eligible institution which changes its status as 

a parent or subordinate institution shall, in order to participate as an eligible institution under part B or D, develop a Default Management Plan for approval by the Secretary and implement such Plan for two years after its change of ownership 

or status. 


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(C) This paragraph shall not apply in the case of an institution in which (i) neither the parent nor the subordinate institution has a cohort default rate in excess of 10 percent, and (ii) 

the new owner of such parent or subordinate institution does 

not, and has not, owned any other institution with a cohort default rate in excess of 10 percent. 

(15) The institution acknowledges the authority of the Secretary, guaranty agencies, lenders, accrediting agencies, the 

Secretary of Veterans Affairs, and the State agencies under 

subpart 1 of part H to share with each other any information 

pertaining to the institution’s eligibility to participate in programs under this title or any information on fraud and abuse. 

(16)(A) The institution will not knowingly employ an individual in a capacity that involves the administration of programs under this title, or the receipt of program funds under 

this title, who has been convicted of, or has pled nolo 

contendere or guilty to, a crime involving the acquisition, use, 

or expenditure of funds under this title, or has been judicially 

determined to have committed fraud involving funds under 

this title or contract with an institution or third party servicer 

that has been terminated under section 432 involving the acquisition, use, or expenditure of funds under this title, or who 

has been judicially determined to have committed fraud involving funds under this title. 

(B) The institution will not knowingly contract with or employ any individual, agency, or organization that has been, or 

whose officers or employees have been— 

(i) convicted of, or pled nolo contendere or guilty to, a 

crime involving the acquisition, use, or expenditure of 

funds under this title; or 

(ii) judicially determined to have committed fraud involving funds under this title. 

(17) The institution will complete surveys conducted as a 

part of the Integrated Postsecondary Education Data System 

(IPEDS) or any other Federal postsecondary institution data 

collection effort, as designated by the Secretary, in a timely 

manner and to the satisfaction of the Secretary. 

(18) The institution will meet the requirements established 

pursuant to section 485(g). 

(19) The institution will not impose any penalty, including 

the assessment of late fees, the denial of access to classes, libraries, or other institutional facilities, or the requirement that 

the student borrow additional funds, on any student because of 

the student’s inability to meet his or her financial obligations 

to the institution as a result of the delayed disbursement of the 

proceeds of a loan made under this title due to compliance with 

the provisions of this title, or delays attributable to the institution. 

(20) The institution will not provide any commission, bonus, 

or other incentive payment based directly or indirectly on success in securing enrollments or financial aid to any persons or 

entities engaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance, except that this paragraph shall not apply 


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to the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assistance. 

(21) The institution will meet the requirements established 

by the Secretary and accrediting agencies or associations, and 

will provide evidence to the Secretary that the institution has 

the authority to operate within a State. 

(22) The institution will comply with the refund policy established pursuant to section 484B. 

ø(23)(A) The institution, if located in a State to which section 

4(b) of the National Voter Registration Act of 1993 (42 U.S.C. 

1973gg–2(b)) does not apply, will make a good faith effort to 

distribute a mail voter registration form, requested and received from the State, to each student enrolled in a degree or 

certificate program and physically in attendance at the institution, and to make such forms widely available to students at 

the institution. 

ø(B) The institution shall request the forms from the State 

120 days prior to the deadline for registering to vote within the 

State. If an institution has not received a sufficient quantity of 

forms to fulfill this section from the State within 60 days prior 

to the deadline for registering to vote in the State, the institution shall not be held liable for not meeting the requirements 

of this section during that election year. 

ø(C) This paragraph shall apply to general and special elections for Federal office, as defined in section 301(3) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(3)), and to 

the elections for Governor or other chief executive within such 

State). 

ø(D) The institution shall be considered in compliance 

with the requirements of subparagraph (A) for each student to whom the institution electronically transmits a 

message containing a voter registration form acceptable for 

use in the State in which the institution is located, or an 

Internet address where such a form can be downloaded, if 

such information is in an electronic message devoted exclusively to voter registration.¿ 

(23)(A)(i) The institution will ensure that an appropriate staff 

person or office is designated publicly as a ‘‘Campus Vote Coordinator’’ and will ensure that such person’s or office’s contact 

information is included on the institution’s website. 

(ii) Not fewer than twice during each calendar year (beginning with 2020), the Campus Vote Coordinator shall transmit 

electronically to each student enrolled in the institution (including students enrolled in distance education programs) a message containing the following information: 

(I) Information on the location of polling places in the jurisdiction in which the institution is located, together with 

information on available methods of transportation to and 

from such polling places. 

(II) A referral to a government-affiliated website or online 

platform which provides centralized voter registration information for all States, including access to applicable 

voter registration forms and information to assist individuals who are not registered to vote in registering to vote. 


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(III) Any additional voter registration and voting information the Coordinator considers appropriate, in consultation with the appropriate State election official. 

(iii) In addition to transmitting the message described in 

clause (ii) not fewer than twice during each calendar year, the 

Campus Vote Coordinator shall transmit the message under 

such clause not fewer than 30 days prior to the deadline for registering to vote for any election for Federal, State, or local office 

in the State. 

(B) If the institution in its normal course of operations requests each student registering for enrollment in a course of 

study, including students registering for enrollment in a program of distance education, to affirm whether or not the student is a United States citizen, the institution will comply with 

the applicable requirements for a contributing agency under the 

Automatic Voter Registration Act of 2019. 

(C) If the institution is not described in subparagraph (B), the 

institution will comply with the requirements for a voter registration agency in the State in which it is located in accordance with section 7 of the National Voter Registration Act of 

1993 (52 U.S.C. 20506). 

(D) This paragraph applies only with respect to an institution 

which is located in a State to which section 4(b) of the National 

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

apply. 

(24) In the case of a proprietary institution of higher education (as defined in section 102(b)), such institution will derive not less than ten percent of such institution’s revenues 

from sources other than funds provided under this title, as calculated in accordance with subsection (d)(1), or will be subject 

to the sanctions described in subsection (d)(2). 

(25) In the case of an institution that participates in a loan 

program under this title, the institution will— 

(A) develop a code of conduct with respect to such loans 

with which the institution’s officers, employees, and agents 

shall comply, that— 

(i) prohibits a conflict of interest with the responsibilities of an officer, employee, or agent of an institution with respect to such loans; and 

(ii) at a minimum, includes the provisions described 

in subsection (e); 

(B) publish such code of conduct prominently on the institution’s website; and 

(C) administer and enforce such code by, at a minimum, 

requiring that all of the institution’s officers, employees, 

and agents with responsibilities with respect to such loans 

be annually informed of the provisions of the code of conduct. 

(26) The institution will, upon written request, disclose to 

the alleged victim of any crime of violence (as that term is defined in section 16 of title 18, United States Code), or a nonforcible sex offense, the report on the results of any disciplinary proceeding conducted by such institution against a student who is the alleged perpetrator of such crime or offense 

with respect to such crime or offense. If the alleged victim of 


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such crime or offense is deceased as a result of such crime or 

offense, the next of kin of such victim shall be treated as the 

alleged victim for purposes of this paragraph. 

(27) In the case of an institution that has entered into a preferred lender arrangement, the institution will at least annually compile, maintain, and make available for students attending the institution, and the families of such students, a 

list, in print or other medium, of the specific lenders for loans 

made, insured, or guaranteed under this title or private education loans that the institution recommends, promotes, or endorses in accordance with such preferred lender arrangement. 

In making such list, the institution shall comply with the requirements of subsection (h). 

(28)(A) The institution will, upon the request of an applicant 

for a private education loan, provide to the applicant the form 

required under section 128(e)(3) of the Truth in Lending Act 

(15 U.S.C. 1638(e)(3)), and the information required to complete such form, to the extent the institution possesses such information. 

(B) For purposes of this paragraph, the term ‘‘private education loan’’ has the meaning given such term in section 140 

of the Truth in Lending Act. 

(29) The institution certifies that the institution— 

(A) has developed plans to effectively combat the unauthorized distribution of copyrighted material, including 

through the use of a variety of technology-based deterrents; and 

(B) will, to the extent practicable, offer alternatives to illegal downloading or peer-to-peer distribution of intellectual property, as determined by the institution in consultation with the chief technology officer or other designated 

officer of the institution. 

(b) HEARINGS.—(1) An institution that has received written notice of a final audit or program review determination and that desires to have such determination reviewed by the Secretary shall 

submit to the Secretary a written request for review not later than 

45 days after receipt of notification of the final audit or program 

review determination. 

(2) The Secretary shall, upon receipt of written notice under 

paragraph (1), arrange for a hearing and notify the institution 

within 30 days of receipt of such notice the date, time, and place 

of such hearing. Such hearing shall take place not later than 120 

days from the date upon which the Secretary notifies the institution. 

(c) AUDITS; FINANCIAL RESPONSIBILITY; ENFORCEMENT OF STANDARDS.—(1) Notwithstanding any other provisions of this title, the 

Secretary shall prescribe such regulations as may be necessary to 

provide for— 

(A)(i) except as provided in clauses (ii) and (iii), a financial 

audit of an eligible institution with regard to the financial condition of the institution in its entirety, and a compliance audit 

of such institution with regard to any funds obtained by it 

under this title or obtained from a student or a parent who has 

a loan insured or guaranteed by the Secretary under this title, 

on at least an annual basis and covering the period since the 


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most recent audit, conducted by a qualified, independent organization or person in accordance with standards established by 

the Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Secretary, the results of which shall be submitted 

to the Secretary and shall be available to cognizant guaranty 

agencies, eligible lenders, State agencies, and the appropriate 

State agency notifying the Secretary under subpart 1 of part 

H, except that the Secretary may modify the requirements of 

this clause with respect to institutions of higher education that 

are foreign institutions, and may waive such requirements 

with respect to a foreign institution whose students receive less 

than $500,000 in loans under this title during the award year 

preceding the audit period; 

(ii) with regard to an eligible institution which is audited 

under chapter 75 of title 31, United States Code, deeming such 

audit to satisfy the requirements of clause (i) for the period 

covered by such audit; or 

(iii) at the discretion of the Secretary, with regard to an eligible institution (other than an eligible institution described in 

section 102(a)(1)(C)) that has obtained less than $200,000 in 

funds under this title during each of the 2 award years that 

precede the audit period and submits a letter of credit payable 

to the Secretary equal to not less than 1⁄2 of the annual potential liabilities of such institution as determined by the Secretary, deeming an audit conducted every 3 years to satisfy the 

requirements of clause (i), except for the award year immediately preceding renewal of the institution’s eligibility under 

section 498(g); 

(B) in matters not governed by specific program provisions, 

the establishment of reasonable standards of financial responsibility and appropriate institutional capability for the administration by an eligible institution of a program of student financial aid under this title, including any matter the Secretary 

deems necessary to the sound administration of the financial 

aid programs, such as the pertinent actions of any owner, 

shareholder, or person exercising control over an eligible institution; 

(C)(i) except as provided in clause (ii), a compliance audit of 

a third party servicer (other than with respect to the servicer’s 

functions as a lender if such functions are otherwise audited 

under this part and such audits meet the requirements of this 

clause), with regard to any contract with an eligible institution, 

guaranty agency, or lender for administering or servicing any 

aspect of the student assistance programs under this title, at 

least once every year and covering the period since the most 

recent audit, conducted by a qualified, independent organization or person in accordance with standards established by the 

Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Secretary, the results of which shall be submitted 

to the Secretary; or 

(ii) with regard to a third party servicer that is audited 

under chapter 75 of title 31, United States Code, such audit 


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shall be deemed to satisfy the requirements of clause (i) for the 

period covered by such audit; 

(D)(i) a compliance audit of a secondary market with regard 

to its transactions involving, and its servicing and collection of, 

loans made under this title, at least once a year and covering 

the period since the most recent audit, conducted by a qualified, independent organization or person in accordance with 

standards established by the Comptroller General for the audit 

of governmental organizations, programs, and functions, and 

as prescribed in regulations of the Secretary, the results of 

which shall be submitted to the Secretary; or 

(ii) with regard to a secondary market that is audited under 

chapter 75 of title 31, United States Code, such audit shall be 

deemed to satisfy the requirements of clause (i) for the period 

covered by the audit; 

(E) the establishment, by each eligible institution under part 

B responsible for furnishing to the lender the statement required by section 428(a)(2)(A)(i), of policies and procedures by 

which the latest known address and enrollment status of any 

student who has had a loan insured under this part and who 

has either formally terminated his enrollment, or failed to reenroll on at least a half-time basis, at such institution, shall 

be furnished either to the holder (or if unknown, the insurer) 

of the note, not later than 60 days after such termination or 

failure to re-enroll; 

(F) the limitation, suspension, or termination of the participation in any program under this title of an eligible institution, 

or the imposition of a civil penalty under paragraph (3)(B) 

whenever the Secretary has determined, after reasonable notice and opportunity for hearing, that such institution has violated or failed to carry out any provision of this title, any regulation prescribed under this title, or any applicable special arrangement, agreement, or limitation, except that no period of 

suspension under this section shall exceed 60 days unless the 

institution and the Secretary agree to an extension or unless 

limitation or termination proceedings are initiated by the Secretary within that period of time; 

(G) an emergency action against an institution, under which 

the Secretary shall, effective on the date on which a notice and 

statement of the basis of the action is mailed to the institution 

(by registered mail, return receipt requested), withhold funds 

from the institution or its students and withdraw the institution’s authority to obligate funds under any program under 

this title, if the Secretary— 

(i) receives information, determined by the Secretary to 

be reliable, that the institution is violating any provision 

of this title, any regulation prescribed under this title, or 

any applicable special arrangement, agreement, or limitation, 

(ii) determines that immediate action is necessary to 

prevent misuse of Federal funds, and 

(iii) determines that the likelihood of loss outweighs the 

importance of the procedures prescribed under subparagraph (D) for limitation, suspension, or termination, 


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except that an emergency action shall not exceed 30 days unless limitation, suspension, or termination proceedings are initiated by the Secretary against the institution within that period of time, and except that the Secretary shall provide the institution an opportunity to show cause, if it so requests, that 

the emergency action is unwarranted; 

(H) the limitation, suspension, or termination of the eligibility of a third party servicer to contract with any institution 

to administer any aspect of an institution’s student assistance 

program under this title, or the imposition of a civil penalty 

under paragraph (3)(B), whenever the Secretary has determined, after reasonable notice and opportunity for a hearing, 

that such organization, acting on behalf of an institution, has 

violated or failed to carry out any provision of this title, any 

regulation prescribed under this title, or any applicable special 

arrangement, agreement, or limitation, except that no period of 

suspension under this subparagraph shall exceed 60 days unless the organization and the Secretary agree to an extension, 

or unless limitation or termination proceedings are initiated by 

the Secretary against the individual or organization within 

that period of time; and 

(I) an emergency action against a third party servicer that 

has contracted with an institution to administer any aspect of 

the institution’s student assistance program under this title, 

under which the Secretary shall, effective on the date on which 

a notice and statement of the basis of the action is mailed to 

such individual or organization (by registered mail, return receipt requested), withhold funds from the individual or organization and withdraw the individual or organization’s authority 

to act on behalf of an institution under any program under this 

title, if the Secretary— 

(i) receives information, determined by the Secretary to 

be reliable, that the individual or organization, acting on 

behalf of an institution, is violating any provision of this 

title, any regulation prescribed under this title, or any applicable special arrangement, agreement, or limitation, 

(ii) determines that immediate action is necessary to 

prevent misuse of Federal funds, and 

(iii) determines that the likelihood of loss outweighs the 

importance of the procedures prescribed under subparagraph (F), for limitation, suspension, or termination, 

except that an emergency action shall not exceed 30 days unless the limitation, suspension, or termination proceedings are 

initiated by the Secretary against the individual or organization within that period of time, and except that the Secretary 

shall provide the individual or organization an opportunity to 

show cause, if it so requests, that the emergency action is unwarranted. 

(2) If an individual who, or entity that, exercises substantial control, as determined by the Secretary in accordance with the definition of substantial control in subpart 3 of part H, over one or more 

institutions participating in any program under this title, or, for 

purposes of paragraphs (1) (H) and (I), over one or more organizations that contract with an institution to administer any aspect of 

the institution’s student assistance program under this title, is deVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00387 Fmt 6659 Sfmt 6601 E:\HR\OC\HR015P1.XXX HR015P1

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termined to have committed one or more violations of the requirements of any program under this title, or has been suspended or 

debarred in accordance with the regulations of the Secretary, the 

Secretary may use such determination, suspension, or debarment 

as the basis for imposing an emergency action on, or limiting, suspending, or terminating, in a single proceeding, the participation of 

any or all institutions under the substantial control of that individual or entity. 

(3)(A) Upon determination, after reasonable notice and opportunity for a hearing, that an eligible institution has engaged in 

substantial misrepresentation of the nature of its educational program, its financial charges, or the employability of its graduates, 

the Secretary may suspend or terminate the eligibility status for 

any or all programs under this title of any otherwise eligible institution, in accordance with procedures specified in paragraph (1)(D) 

of this subsection, until the Secretary finds that such practices 

have been corrected. 

(B)(i) Upon determination, after reasonable notice and opportunity for a hearing, that an eligible institution— 

(I) has violated or failed to carry out any provision of this 

title or any regulation prescribed under this title; or 

(II) has engaged in substantial misrepresentation of the nature of its educational program, its financial charges, and the 

employability of its graduates, 

the Secretary may impose a civil penalty upon such institution of 

not to exceed $25,000 for each violation or misrepresentation. 

(ii) Any civil penalty may be compromised by the Secretary. In 

determining the amount of such penalty, or the amount agreed 

upon in compromise, the appropriateness of the penalty to the size 

of the institution of higher education subject to the determination, 

and the gravity of the violation, failure, or misrepresentation shall 

be considered. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted 

from any sums owing by the United States to the institution 

charged. 

(4) The Secretary shall publish a list of State agencies which the 

Secretary determines to be reliable authority as to the quality of 

public postsecondary vocational education in their respective States 

for the purpose of determining eligibility for all Federal student assistance programs. 

(5) The Secretary shall make readily available to appropriate 

guaranty agencies, eligible lenders, State agencies notifying the 

Secretary under subpart 1 of part H, and accrediting agencies or 

associations the results of the audits of eligible institutions conducted pursuant to paragraph (1)(A). 

(6) The Secretary is authorized to provide any information collected as a result of audits conducted under this section, together 

with audit information collected by guaranty agencies, to any Federal or State agency having responsibilities with respect to student 

financial assistance, including those referred to in subsection 

(a)(15) of this section. 

(7) Effective with respect to any audit conducted under this subsection after December 31, 1988, if, in the course of conducting any 

such audit, the personnel of the Department of Education discover, 

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tution in accordance with this title for which the institution has not 

received funds appropriated under this title (in the amount necessary to provide such assistance), including funds for which reimbursement was not requested prior to such discovery or information, such institution shall be permitted to offset that amount 

against any sums determined to be owed by the institution pursuant to such audit, or to receive reimbursement for that amount (if 

the institution does not owe any such sums). 

(d) IMPLEMENTATION OF NON-TITLE IV REVENUE REQUIREMENT.— (1) CALCULATION.—In making calculations under subsection 

(a)(24), a proprietary institution of higher education shall— 

(A) use the cash basis of accounting, except in the case 

of loans described in subparagraph (D)(i) that are made by 

the proprietary institution of higher education; 

(B) consider as revenue only those funds generated by 

the institution from— 

(i) tuition, fees, and other institutional charges for 

students enrolled in programs eligible for assistance 

under this title; 

(ii) activities conducted by the institution that are 

necessary for the education and training of the institution’s students, if such activities are— 

(I) conducted on campus or at a facility under 

the control of the institution; 

(II) performed under the supervision of a member of the institution’s faculty; and 

(III) required to be performed by all students in 

a specific educational program at the institution; 

and 

(iii) funds paid by a student, or on behalf of a student by a party other than the institution, for an education or training program that is not eligible for 

funds under this title, if the program— 

(I) is approved or licensed by the appropriate 

State agency; 

(II) is accredited by an accrediting agency recognized by the Secretary; or 

(III) provides an industry-recognized credential 

or certification; 

(C) presume that any funds for a program under this 

title that are disbursed or delivered to or on behalf of a 

student will be used to pay the student’s tuition, fees, or 

other institutional charges, regardless of whether the institution credits those funds to the student’s account or pays 

those funds directly to the student, except to the extent 

that the student’s tuition, fees, or other institutional 

charges are satisfied by— 

(i) grant funds provided by non-Federal public agencies or private sources independent of the institution; 

(ii) funds provided under a contractual arrangement 

with a Federal, State, or local government agency for 

the purpose of providing job training to low-income individuals who are in need of that training; 

(iii) funds used by a student from savings plans for 

educational expenses established by or on behalf of the 


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student and which qualify for special tax treatment 

under the Internal Revenue Code of 1986; or 

(iv) institutional scholarships described in subparagraph (D)(iii); 

(D) include institutional aid as revenue to the school 

only as follows: 

(i) in the case of loans made by a proprietary institution of higher education on or after July 1, 2008 and 

prior to July 1, 2012, the net present value of such 

loans made by the institution during the applicable institutional fiscal year accounted for on an accrual 

basis and estimated in accordance with generally accepted accounting principles and related standards 

and guidance, if the loans— 

(I) are bona fide as evidenced by enforceable 

promissory notes; 

(II) are issued at intervals related to the institution’s enrollment periods; and 

(III) are subject to regular loan repayments and 

collections; 

(ii) in the case of loans made by a proprietary institution of higher education on or after July 1, 2012, 

only the amount of loan repayments received during 

the applicable institutional fiscal year, excluding repayments on loans made and accounted for as specified in clause (i); and 

(iii) in the case of scholarships provided by a proprietary institution of higher education, only those scholarships provided by the institution in the form of monetary aid or tuition discounts based upon the academic 

achievements or financial need of students, disbursed 

during each fiscal year from an established restricted 

account, and only to the extent that funds in that account represent designated funds from an outside 

source or from income earned on those funds; 

(E) in the case of each student who receives a loan on 

or after July 1, 2008, and prior to July 1, 2011, that is authorized under section 428H or that is a Federal Direct 

Unsubsidized Stafford Loan, treat as revenue received by 

the institution from sources other than funds received 

under this title, the amount by which the disbursement of 

such loan received by the institution exceeds the limit on 

such loan in effect on the day before the date of enactment 

of the Ensuring Continued Access to Student Loans Act of 

2008; and 

(F) exclude from revenues— 

(i) the amount of funds the institution received 

under part C, unless the institution used those funds 

to pay a student’s institutional charges; 

(ii) the amount of funds the institution received 

under subpart 4 of part A; 

(iii) the amount of funds provided by the institution 

as matching funds for a program under this title; 


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(iv) the amount of funds provided by the institution 

for a program under this title that are required to be 

refunded or returned; and 

(v) the amount charged for books, supplies, and 

equipment, unless the institution includes that 

amount as tuition, fees, or other institutional charges. 

(2) SANCTIONS.— (A) INELIGIBILITY.—A proprietary institution of higher 

education that fails to meet a requirement of subsection 

(a)(24) for two consecutive institutional fiscal years shall 

be ineligible to participate in the programs authorized by 

this title for a period of not less than two institutional fiscal years. To regain eligibility to participate in the programs authorized by this title, a proprietary institution of 

higher education shall demonstrate compliance with all eligibility and certification requirements under section 498 

for a minimum of two institutional fiscal years after the 

institutional fiscal year in which the institution became ineligible. 

(B) ADDITIONAL ENFORCEMENT.—In addition to such 

other means of enforcing the requirements of this title as 

may be available to the Secretary, if a proprietary institution of higher education fails to meet a requirement of subsection (a)(24) for any institutional fiscal year, then the institution’s eligibility to participate in the programs authorized by this title becomes provisional for the two institutional fiscal years after the institutional fiscal year in 

which the institution failed to meet the requirement of 

subsection (a)(24), except that such provisional eligibility 

shall terminate— 

(i) on the expiration date of the institution’s program participation agreement under this subsection 

that is in effect on the date the Secretary determines 

that the institution failed to meet the requirement of 

subsection (a)(24); or 

(ii) in the case that the Secretary determines that 

the institution failed to meet a requirement of subsection (a)(24) for two consecutive institutional fiscal 

years, on the date the institution is determined ineligible in accordance with subparagraph (A). 

(3) PUBLICATION ON COLLEGE NAVIGATOR WEBSITE.—The Secretary shall publicly disclose on the College Navigator 

website— 

(A) the identity of any proprietary institution of higher 

education that fails to meet a requirement of subsection 

(a)(24); and 

(B) the extent to which the institution failed to meet 

such requirement. 

(4) REPORT TO CONGRESS.—Not later than July 1, 2009, and 

July 1 of each succeeding year, the Secretary shall submit to 

the authorizing committees a report that contains, for each 

proprietary institution of higher education that receives assistance under this title, as provided in the audited financial statements submitted to the Secretary by each institution pursuant 

to the requirements of subsection (a)(24)— 


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(A) the amount and percentage of such institution’s revenues received from sources under this title; and 

(B) the amount and percentage of such institution’s revenues received from other sources. 

(e) CODE OF CONDUCT REQUIREMENTS.—An institution of higher 

education’s code of conduct, as required under subsection (a)(25), 

shall include the following requirements: 

(1) BAN ON REVENUE-SHARING ARRANGEMENTS.— (A) PROHIBITION.—The institution shall not enter into 

any revenue-sharing arrangement with any lender. 

(B) DEFINITION.—For purposes of this paragraph, the 

term ‘‘revenue-sharing arrangement’’ means an arrangement between an institution and a lender under which— 

(i) a lender provides or issues a loan that is made, 

insured, or guaranteed under this title to students attending the institution or to the families of such students; and 

(ii) the institution recommends the lender or the 

loan products of the lender and in exchange, the lender pays a fee or provides other material benefits, including revenue or profit sharing, to the institution, an 

officer or employee of the institution, or an agent. 

(2) GIFT BAN.— (A) PROHIBITION.—No officer or employee of the institution who is employed in the financial aid office of the institution or who otherwise has responsibilities with respect to 

education loans, or agent who has responsibilities with respect to education loans, shall solicit or accept any gift 

from a lender, guarantor, or servicer of education loans. 

(B) DEFINITION OF GIFT.— (i) IN GENERAL.—In this paragraph, the term ‘‘gift’’ 

means any gratuity, favor, discount, entertainment, 

hospitality, loan, or other item having a monetary 

value of more than a de minimus amount. The term 

includes a gift of services, transportation, lodging, or 

meals, whether provided in kind, by purchase of a 

ticket, payment in advance, or reimbursement after 

the expense has been incurred. 

(ii) EXCEPTIONS.—The term ‘‘gift’’ shall not include 

any of the following: 

(I) Standard material, activities, or programs on 

issues related to a loan, default aversion, default 

prevention, or financial literacy, such as a brochure, a workshop, or training. 

(II) Food, refreshments, training, or informational material furnished to an officer or employee 

of an institution, or to an agent, as an integral 

part of a training session that is designed to improve the service of a lender, guarantor, or 

servicer of education loans to the institution, if 

such training contributes to the professional development of the officer, employee, or agent. 

(III) Favorable terms, conditions, and borrower 

benefits on an education loan provided to a student employed by the institution if such terms, 


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conditions, or benefits are comparable to those 

provided to all students of the institution. 

(IV) Entrance and exit counseling services provided to borrowers to meet the institution’s responsibilities for entrance and exit counseling as 

required by subsections (b) and (l) of section 485, 

as long as— 

(aa) the institution’s staff are in control of 

the counseling, (whether in person or via electronic capabilities); and 

(bb) such counseling does not promote the 

products or services of any specific lender. 

(V) Philanthropic contributions to an institution 

from a lender, servicer, or guarantor of education 

loans that are unrelated to education loans or any 

contribution from any lender, guarantor, or 

servicer that is not made in exchange for any advantage related to education loans. 

(VI) State education grants, scholarships, or financial aid funds administered by or on behalf of 

a State. 

(iii) RULE FOR GIFTS TO FAMILY MEMBERS.—For purposes of this paragraph, a gift to a family member of 

an officer or employee of an institution, to a family 

member of an agent, or to any other individual based 

on that individual’s relationship with the officer, employee, or agent, shall be considered a gift to the officer, employee, or agent if— 

(I) the gift is given with the knowledge and acquiescence of the officer, employee, or agent; and 

(II) the officer, employee, or agent has reason to 

believe the gift was given because of the official 

position of the officer, employee, or agent. 

(3) CONTRACTING ARRANGEMENTS PROHIBITED.— 

(A) PROHIBITION.—An officer or employee who is employed in the financial aid office of the institution or who 

otherwise has responsibilities with respect to education 

loans, or an agent who has responsibilities with respect to 

education loans, shall not accept from any lender or affiliate of any lender any fee, payment, or other financial benefit (including the opportunity to purchase stock) as compensation for any type of consulting arrangement or other 

contract to provide services to a lender or on behalf of a 

lender relating to education loans. 

(B) EXCEPTIONS.—Nothing in this subsection shall be 

construed as prohibiting— 

(i) an officer or employee of an institution who is not 

employed in the institution’s financial aid office and 

who does not otherwise have responsibilities with respect to education loans, or an agent who does not 

have responsibilities with respect to education loans, 

from performing paid or unpaid service on a board of 

directors of a lender, guarantor, or servicer of education loans; 


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(ii) an officer or employee of the institution who is 

not employed in the institution’s financial aid office 

but who has responsibility with respect to education 

loans as a result of a position held at the institution, 

or an agent who has responsibility with respect to education loans, from performing paid or unpaid service 

on a board of directors of a lender, guarantor, or 

servicer of education loans, if the institution has a 

written conflict of interest policy that clearly sets forth 

that officers, employees, or agents must recuse themselves from participating in any decision of the board 

regarding education loans at the institution; or 

(iii) an officer, employee, or contractor of a lender, 

guarantor, or servicer of education loans from serving 

on a board of directors, or serving as a trustee, of an 

institution, if the institution has a written conflict of 

interest policy that the board member or trustee must 

recuse themselves from any decision regarding education loans at the institution. 

(4) INTERACTION WITH BORROWERS.—The institution shall 

not— 

(A) for any first-time borrower, assign, through award 

packaging or other methods, the borrower’s loan to a particular lender; or 

(B) refuse to certify, or delay certification of, any loan 

based on the borrower’s selection of a particular lender or 

guaranty agency. 

(5) PROHIBITION ON OFFERS OF FUNDS FOR PRIVATE LOANS.— (A) PROHIBITION.—The institution shall not request or 

accept from any lender any offer of funds to be used for 

private education loans (as defined in section 140 of the 

Truth in Lending Act), including funds for an opportunity 

pool loan, to students in exchange for the institution providing concessions or promises regarding providing the 

lender with— 

(i) a specified number of loans made, insured, or 

guaranteed under this title; 

(ii) a specified loan volume of such loans; or 

(iii) a preferred lender arrangement for such loans. 

(B) DEFINITION OF OPPORTUNITY POOL LOAN.—In this 

paragraph, the term ‘‘opportunity pool loan’’ means a private education loan made by a lender to a student attending the institution or the family member of such a student 

that involves a payment, directly or indirectly, by such institution of points, premiums, additional interest, or financial support to such lender for the purpose of such lender 

extending credit to the student or the family. 

(6) BAN ON STAFFING ASSISTANCE.— 

(A) PROHIBITION.—The institution shall not request or 

accept from any lender any assistance with call center 

staffing or financial aid office staffing. 

(B) CERTAIN ASSISTANCE PERMITTED.—Nothing in paragraph (1) shall be construed to prohibit the institution 

from requesting or accepting assistance from a lender related to— 


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(i) professional development training for financial 

aid administrators; 

(ii) providing educational counseling materials, financial literacy materials, or debt management materials to borrowers, provided that such materials disclose to borrowers the identification of any lender that 

assisted in preparing or providing such materials; or 

(iii) staffing services on a short-term, nonrecurring 

basis to assist the institution with financial aid-related functions during emergencies, including Statedeclared or federally declared natural disasters, federally declared national disasters, and other localized 

disasters and emergencies identified by the Secretary. 

(7) ADVISORY BOARD COMPENSATION.—Any employee who is 

employed in the financial aid office of the institution, or who 

otherwise has responsibilities with respect to education loans 

or other student financial aid of the institution, and who serves 

on an advisory board, commission, or group established by a 

lender, guarantor, or group of lenders or guarantors, shall be 

prohibited from receiving anything of value from the lender, 

guarantor, or group of lenders or guarantors, except that the 

employee may be reimbursed for reasonable expenses incurred 

in serving on such advisory board, commission, or group. 

(f) INSTITUTIONAL REQUIREMENTS FOR TEACH-OUTS.— (1) IN GENERAL.—In the event the Secretary initiates the 

limitation, suspension, or termination of the participation of an 

institution of higher education in any program under this title 

under the authority of subsection (c)(1)(F) or initiates an emergency action under the authority of subsection (c)(1)(G) and its 

prescribed regulations, the Secretary shall require that institution to prepare a teach-out plan for submission to the institution’s accrediting agency or association in compliance with section 496(c)(3), the Secretary’s regulations on teach-out plans, 

and the standards of the institution’s accrediting agency or association. 

(2) TEACH-OUT PLAN DEFINED.—In this subsection, the term 

‘‘teach-out plan’’ means a written plan that provides for the equitable treatment of students if an institution of higher education ceases to operate before all students have completed 

their program of study, and may include, if required by the institution’s accrediting agency or association, an agreement between institutions for such a teach-out plan. 

(g) INSPECTOR GENERAL REPORT ON GIFT BAN VIOLATIONS.—The 

Inspector General of the Department shall— 

(1) submit an annual report to the authorizing committees 

identifying all violations of an institution’s code of conduct that 

the Inspector General has substantiated during the preceding 

year relating to the gift ban provisions described in subsection 

(e)(2); and 

(2) make the report available to the public through the Department’s website. 

(h) PREFERRED LENDER LIST REQUIREMENTS.— (1) IN GENERAL.—In compiling, maintaining, and making 

available a preferred lender list as required under subsection 

(a)(27), the institution will— 


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(A) clearly and fully disclose on such preferred lender 

list— 

(i) not less than the information required to be disclosed under section 153(a)(2)(A); 

(ii) why the institution has entered into a preferred 

lender arrangement with each lender on the preferred 

lender list, particularly with respect to terms and conditions or provisions favorable to the borrower; and 

(iii) that the students attending the institution, or 

the families of such students, do not have to borrow 

from a lender on the preferred lender list; 

(B) ensure, through the use of the list of lender affiliates 

provided by the Secretary under paragraph (2), that— 

(i) there are not less than three lenders of loans 

made under part B that are not affiliates of each other 

included on the preferred lender list and, if the institution recommends, promotes, or endorses private education loans, there are not less than two lenders of private education loans that are not affiliates of each 

other included on the preferred lender list; and 

(ii) the preferred lender list under this paragraph— 

(I) specifically indicates, for each listed lender, 

whether the lender is or is not an affiliate of each 

other lender on the preferred lender list; and 

(II) if a lender is an affiliate of another lender 

on the preferred lender list, describes the details 

of such affiliation; 

(C) prominently disclose the method and criteria used by 

the institution in selecting lenders with which to enter into 

preferred lender arrangements to ensure that such lenders 

are selected on the basis of the best interests of the borrowers, including— 

(i) payment of origination or other fees on behalf of 

the borrower; 

(ii) highly competitive interest rates, or other terms 

and conditions or provisions of loans under this title or 

private education loans; 

(iii) high-quality servicing for such loans; or 

(iv) additional benefits beyond the standard terms 

and conditions or provisions for such loans; 

(D) exercise a duty of care and a duty of loyalty to compile the preferred lender list under this paragraph without 

prejudice and for the sole benefit of the students attending 

the institution, or the families of such students; 

(E) not deny or otherwise impede the borrower’s choice 

of a lender or cause unnecessary delay in loan certification 

under this title for those borrowers who choose a lender 

that is not included on the preferred lender list; and 

(F) comply with such other requirements as the Secretary may prescribe by regulation. 

(2) LENDER AFFILIATES LIST.— 

(A) IN GENERAL.—The Secretary shall maintain and regularly update a list of lender affiliates of all eligible lenders, and shall provide such list to institutions for use in 

carrying out paragraph (1)(B). 


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(B) USE OF MOST RECENT LIST.—An institution shall use 

the most recent list of lender affiliates provided by the Secretary under subparagraph (A) in carrying out paragraph 

(1)(B). 

(i) DEFINITIONS.—For the purpose of this section: 

(1) AGENT.—The term ‘‘agent’’ has the meaning given the 

term in section 151. 

(2) AFFILIATE.—The term ‘‘affiliate’’ means a person that controls, is controlled by, or is under common control with another 

person. A person controls, is controlled by, or is under common 

control with another person if— 

(A) the person directly or indirectly, or acting through 

one or more others, owns, controls, or has the power to 

vote five percent or more of any class of voting securities 

of such other person; 

(B) the person controls, in any manner, the election of a 

majority of the directors or trustees of such other person; 

or 

(C) the Secretary determines (after notice and opportunity for a hearing) that the person directly or indirectly 

exercises a controlling interest over the management or 

policies of such other person’s education loans. 

(3) EDUCATION LOAN.—The term ‘‘education loan’’ has the 

meaning given the term in section 151. 

(4) ELIGIBLE INSTITUTION.—The term ‘‘eligible institution’’ 

means any such institution described in section 102 of this Act. 

(5) OFFICER.—The term ‘‘officer’’ has the meaning given the 

term in section 151. 

(6) PREFERRED LENDER ARRANGEMENT.—The term ‘‘preferred 

lender arrangement’’ has the meaning given the term in section 151. 

(j) CONSTRUCTION.—Nothing in the amendments made by the 

Higher Education Amendments of 1992 shall be construed to prohibit an institution from recording, at the cost of the institution, a 

hearing referred to in subsection (b)(2), subsection (c)(1)(D), or subparagraph (A) or (B)(i) of subsection (c)(2), of this section to create 

a record of the hearing, except the unavailability of a recording 

shall not serve to delay the completion of the proceeding. The Secretary shall allow the institution to use any reasonable means, including stenographers, of recording the hearing. 

* * * * * * * 

TITLE 36, UNITED STATES CODE 

SUBTITLE I—PATRIOTIC AND NATIONAL 

OBSERVANCES AND CEREMONIES 

* * * * * * * 

PART A—OBSERVANCES AND CEREMONIES 

* * * * * * * 


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CHAPTER 5—PRESIDENTIAL INAUGURAL CEREMONIES 

* * * * * * * 

ø§ 510. Disclosure of and prohibition on certain donations 

ø(a) IN GENERAL.—A committee shall not be considered to be the 

Inaugural Committee for purposes of this chapter unless the committee agrees to, and meets, the requirements of subsections (b) 

and (c). 

ø(b) DISCLOSURE.— ø(1) IN GENERAL.—Not later than the date that is 90 days 

after the date of the Presidential inaugural ceremony, the committee shall file a report with the Federal Election Commission 

disclosing any donation of money or anything of value made to 

the committee in an aggregate amount equal to or greater than 

$200. 

ø(2) CONTENTS OF REPORT.—A report filed under paragraph 

(1) shall contain— 

ø(A) the amount of the donation; 

ø(B) the date the donation is received; and 

ø(C) the name and address of the person making the donation. 

ø(c) LIMITATION.—The committee shall not accept any donation 

from a foreign national (as defined in section 319(b) of the Federal 

Election Campaign Act of 1971 (2 U.S.C. 441e(b))).¿ 

§ 510. Disclosure of and prohibition on certain donations 

A committee shall not be considered to be the Inaugural Committee for purposes of this chapter unless the committee agrees to, 

and meets, the requirements of section 325 of the Federal Election 

Campaign Act of 1971. 

* * * * * * * 

SUBTITLE II—PATRIOTIC AND NATIONAL 

ORGANIZATIONS 

* * * * * * * 

PART B—ORGANIZATIONS 

* * * * * * * 

CHAPTER 901—HELP AMERICA VOTE FOUNDATION 

* * * * * * * 

§ 90102. Purposes 

(a) IN GENERAL.—The purposes of the foundation are to— 

(1) mobilize secondary school students (including students 

educated in the home) in the United States to participate in 

the election process in a nonpartisan manner as poll workers 

or assistants (to the extent permitted under applicable State 

law); 

(2) place secondary school students (including students educated in the home) as nonpartisan poll workers or assistants 


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to local election officials in precinct polling places across the 

United States (to the extent permitted under applicable State 

law); and 

(3) establish cooperative efforts with State and local election 

officials, local educational agencies, superintendents and principals of public and private secondary schools, and other appropriate nonprofit charitable and educational organizations exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 as an organization described in section 

501(c)(3) of such Code to further the purposes of the foundation. 

(b) REQUIRING ACTIVITIES TO BE CARRIED OUT ON NONPARTISAN

BASIS.—The foundation shall carry out its purposes without partisan bias or without promoting any particular point of view regarding any issue, and shall ensure that each participant in its activities is governed in a balanced manner which does not reflect 

any partisan bias. 

(c) CONSULTATION WITH STATE ELECTION OFFICIALS.—The foundation shall carry out its purposes under this section in consultation with the chief election officials of the States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American 

Samoa, øand the United States Virgin Islands¿ the United States 

Virgin Islands, and the Commonwealth of the Northern Mariana Islands. 

* * * * * * * 

HOMELAND SECURITY ACT OF 2002 

* * * * * * * 

TITLE II—INFORMATION ANALYSIS 

Subtitle A—Information and Analysis; 

Access to Information 

SEC. 201. INFORMATION AND ANALYSIS. 

(a) INTELLIGENCE AND ANALYSIS.—There shall be in the Department an Office of Intelligence and Analysis. 

(b) UNDER SECRETARY FOR INTELLIGENCE AND ANALYSIS.— 

(1) OFFICE OF INTELLIGENCE AND ANALYSIS.—The Office of 

Intelligence and Analysis shall be headed by an Under Secretary for Intelligence and Analysis, who shall be appointed by 

the President, by and with the advice and consent of the Senate. 

(2) CHIEF INTELLIGENCE OFFICER.—The Under Secretary for 

Intelligence and Analysis shall serve as the Chief Intelligence 

Officer of the Department. 

(c) DISCHARGE OF RESPONSIBILITIES.—The Secretary shall ensure 

that the responsibilities of the Department relating to information 

analysis, including those described in subsection (d), are carried out 

through the Under Secretary for Intelligence and Analysis. 


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(d) RESPONSIBILITIES OF SECRETARY RELATING TO INTELLIGENCE

AND ANALYSIS.—The responsibilities of the Secretary relating to intelligence and analysis shall be as follows: 

(1) To access, receive, and analyze law enforcement information, intelligence information, and other information from 

agencies of the Federal Government, State and local government agencies (including law enforcement agencies), and private sector entities, and to integrate such information, in support of the mission responsibilities of the Department and the 

functions of the National Counterterrorism Center established 

under section 119 of the National Security Act of 1947 (50 

U.S.C. 404o), in order to— 

(A) identify and assess the nature and scope of terrorist 

threats to the homeland; 

(B) detect and identify threats of terrorism against the 

United States; and 

(C) understand such threats in light of actual and potential vulnerabilities of the homeland. 

(2) To carry out comprehensive assessments of the 

vulnerabilities of the key resources and critical infrastructure 

of the United States, including the performance of risk assessments to determine the risks posed by particular types of terrorist attacks within the United States (including an assessment of the probability of success of such attacks and the feasibility and potential efficacy of various countermeasures to such 

attacks). 

(3) To integrate relevant information, analysis, and vulnerability assessments (regardless of whether such information, 

analysis or assessments are provided by or produced by the Department) in order to— 

(A) identify priorities for protective and support measures regarding terrorist and other threats to homeland security by the Department, other agencies of the Federal 

Government, State, and local government agencies and authorities, the private sector, and other entities; and 

(B) prepare finished intelligence and information products in both classified and unclassified formats, as appropriate, whenever reasonably expected to be of benefit to a 

State, local, or tribal government (including a State, local, 

or tribal law enforcement agency) or a private sector entity. 

(4) To ensure, pursuant to section 202, the timely and efficient access by the Department to all information necessary to 

discharge the responsibilities under this section, including obtaining such information from other agencies of the Federal 

Government. 

(5) To review, analyze, and make recommendations for improvements to the policies and procedures governing the sharing of information within the scope of the information sharing 

environment established under section 1016 of the Intelligence 

Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), 

including homeland security information, terrorism information, and weapons of mass destruction information, and any 

policies, guidelines, procedures, instructions, or standards established under that section. 


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(6) To disseminate, as appropriate, information analyzed by 

the Department within the Department, to other agencies of 

the Federal Government with responsibilities relating to homeland security, and to agencies of State and local governments 

and private sector entities with such responsibilities in order 

to assist in the deterrence, prevention, preemption of, or response to, terrorist attacks against the United States. 

(7) To consult with the Director of National Intelligence and 

other appropriate intelligence, law enforcement, or other elements of the Federal Government to establish collection priorities and strategies for information, including law enforcementrelated information, relating to threats of terrorism against the 

United States through such means as the representation of the 

Department in discussions regarding requirements and priorities in the collection of such information. 

(8) To consult with State and local governments and private 

sector entities to ensure appropriate exchanges of information, 

including law enforcement-related information, relating to 

threats of terrorism against the United States. 

(9) To ensure that— 

(A) any material received pursuant to this Act is protected from unauthorized disclosure and handled and used 

only for the performance of official duties; and 

(B) any intelligence information under this Act is 

shared, retained, and disseminated consistent with the authority of the Director of National Intelligence to protect 

intelligence sources and methods under the National Security Act of 1947 (50 U.S.C. 401 et seq.) and related procedures and, as appropriate, similar authorities of the Attorney General concerning sensitive law enforcement information. 

(10) To request additional information from other agencies of 

the Federal Government, State and local government agencies, 

and the private sector relating to threats of terrorism in the 

United States, or relating to other areas of responsibility assigned by the Secretary, including the entry into cooperative 

agreements through the Secretary to obtain such information. 

(11) To establish and utilize, in conjunction with the chief information officer of the Department, a secure communications 

and information technology infrastructure, including data-mining and other advanced analytical tools, in order to access, receive, and analyze data and information in furtherance of the 

responsibilities under this section, and to disseminate information acquired and analyzed by the Department, as appropriate. 

(12) To ensure, in conjunction with the chief information officer of the Department, that any information databases and analytical tools developed or utilized by the Department— 

(A) are compatible with one another and with relevant 

information databases of other agencies of the Federal 

Government; and 

(B) treat information in such databases in a manner that 

complies with applicable Federal law on privacy. 

(13) To coordinate training and other support to the elements and personnel of the Department, other agencies of the 

Federal Government, and State and local governments that 


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provide information to the Department, or are consumers of information provided by the Department, in order to facilitate 

the identification and sharing of information revealed in their 

ordinary duties and the optimal utilization of information received from the Department. 

(14) To coordinate with elements of the intelligence community and with Federal, State, and local law enforcement agencies, and the private sector, as appropriate. 

(15) To provide intelligence and information analysis and 

support to other elements of the Department. 

(16) To coordinate and enhance integration among the intelligence components of the Department, including through strategic oversight of the intelligence activities of such components. 

(17) To establish the intelligence collection, processing, analysis, and dissemination priorities, policies, processes, standards, guidelines, and procedures for the intelligence components of the Department, consistent with any directions from 

the President and, as applicable, the Director of National Intelligence. 

(18) To establish a structure and process to support the missions and goals of the intelligence components of the Department. 

(19) To ensure that, whenever possible, the Department— 

(A) produces and disseminates unclassified reports and 

analytic products based on open-source information; and 

(B) produces and disseminates such reports and analytic 

products contemporaneously with reports or analytic products concerning the same or similar information that the 

Department produced and disseminated in a classified format. 

(20) To establish within the Office of Intelligence and Analysis an internal continuity of operations plan. 

(21) Based on intelligence priorities set by the President, and 

guidance from the Secretary and, as appropriate, the Director 

of National Intelligence— 

(A) to provide to the heads of each intelligence component of the Department guidance for developing the budget 

pertaining to the activities of such component; and 

(B) to present to the Secretary a recommendation for a 

consolidated budget for the intelligence components of the 

Department, together with any comments from the heads 

of such components. 

(22) To perform such other duties relating to such responsibilities as the Secretary may provide. 

(23)(A) Not later than six months after the date of the enactment of this paragraph, to conduct an intelligence-based review 

and comparison of the risks and consequences of EMP and 

GMD facing critical infrastructure, and submit to the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives and the 

Committee on Homeland Security and Governmental Affairs 

and the Select Committee on Intelligence of the Senate— 

(i) a recommended strategy to protect and prepare 

the critical infrastructure of the homeland against 

threats of EMP and GMD; and 


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(ii) not less frequently than every two years thereafter for the next six years, updates of the recommended strategy. 

(B) The recommended strategy under subparagraph (A) 

shall— 

(i) be based on findings of the research and development conducted under section 320; 

(ii) be developed in consultation with the relevant 

Federal sector-specific agencies (as defined under 

Presidential Policy Directive-21) for critical infrastructure; 

(iii) be developed in consultation with the relevant 

sector coordinating councils for critical infrastructure; 

(iv) be informed, to the extent practicable, by the 

findings of the intelligence-based review and comparison of the risks and consequences of EMP and GMD 

facing critical infrastructure conducted under subparagraph (A); and 

(v) be submitted in unclassified form, but may include a classified annex. 

(C) The Secretary may, if appropriate, incorporate the 

recommended strategy into a broader recommendation developed by the Department to help protect and prepare 

critical infrastructure from terrorism, cyber attacks, and 

other threats if, as incorporated, the recommended strategy complies with subparagraph (B). 

(24) To provide timely threat information regarding election 

infrastructure to the chief State election official of the State 

with respect to which such information pertains. 

(e) STAFF.— (1) IN GENERAL.—The Secretary shall provide the Office of 

Intelligence and Analysis with a staff of analysts having appropriate expertise and experience to assist such offices in discharging responsibilities under this section. 

(2) PRIVATE SECTOR ANALYSTS.—Analysts under this subsection may include analysts from the private sector. 

(3) SECURITY CLEARANCES.—Analysts under this subsection 

shall possess security clearances appropriate for their work 

under this section. 

(f) DETAIL OF PERSONNEL.— 

(1) IN GENERAL.—In order to assist the Office of Intelligence 

and Analysis in discharging responsibilities under this section, 

personnel of the agencies referred to in paragraph (2) may be 

detailed to the Department for the performance of analytic 

functions and related duties. 

(2) COVERED AGENCIES.—The agencies referred to in this 

paragraph are as follows: 

(A) The Department of State. 

(B) The Central Intelligence Agency. 

(C) The Federal Bureau of Investigation. 

(D) The National Security Agency. 

(E) The National Geospatial-Intelligence Agency. 

(F) The Defense Intelligence Agency. 

(G) Any other agency of the Federal Government that 

the President considers appropriate. 


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(3) COOPERATIVE AGREEMENTS.—The Secretary and the head 

of the agency concerned may enter into cooperative agreements 

for the purpose of detailing personnel under this subsection. 

(4) BASIS.—The detail of personnel under this subsection 

may be on a reimbursable or non-reimbursable basis. 

(g) FUNCTIONS TRANSFERRED.—In accordance with title XV, there 

shall be transferred to the Secretary, for assignment to the Office 

of Intelligence and Analysis and the Office of Infrastructure Protection under this section, the functions, personnel, assets, and liabilities of the following: 

(1) The National Infrastructure Protection Center of the Federal Bureau of Investigation (other than the Computer Investigations and Operations Section), including the functions of 

the Attorney General relating thereto. 

(2) The National Communications System of the Department 

of Defense, including the functions of the Secretary of Defense 

relating thereto. 

(3) The Critical Infrastructure Assurance Office of the Department of Commerce, including the functions of the Secretary of Commerce relating thereto. 

(4) The National Infrastructure Simulation and Analysis 

Center of the Department of Energy and the energy security 

and assurance program and activities of the Department, including the functions of the Secretary of Energy relating thereto. 

(5) The Federal Computer Incident Response Center of the 

General Services Administration, including the functions of the 

Administrator of General Services relating thereto. 

* * * * * * * 

TITLE XX—HOMELAND SECURITY 

GRANTS 

SEC. 2001. DEFINITIONS. 

In this title, the following definitions shall apply: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the Federal Emergency Management Agency. 

(2) APPROPRIATE COMMITTEES OF CONGRESS.—The term ‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and 

(B) those committees of the House of Representatives 

that the Speaker of the House of Representatives determines appropriate. 

(3) CRITICAL INFRASTRUCTURE SECTORS.—The term ‘‘critical 

infrastructure sectors’’ means the following sectors, in both 

urban and rural areas: 

(A) Agriculture and food. 

(B) Banking and finance. 

(C) Chemical industries. 

(D) Commercial facilities. 

(E) Commercial nuclear reactors, materials, and waste. 

(F) Dams. 


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(G) The defense industrial base. 

(H) Emergency services. 

(I) Energy. 

(J) Government facilities, including election infrastructure. 

(K) Information technology. 

(L) National monuments and icons. 

(M) Postal and shipping. 

(N) Public health and health care. 

(O) Telecommunications. 

(P) Transportation systems. 

(Q) Water. 

(4) DIRECTLY ELIGIBLE TRIBE.—The term ‘‘directly eligible 

tribe’’ means— 

(A) any Indian tribe— 

(i) that is located in the continental United States; 

(ii) that operates a law enforcement or emergency 

response agency with the capacity to respond to calls 

for law enforcement or emergency services; 

(iii)(I) that is located on or near an international 

border or a coastline bordering an ocean (including the 

Gulf of Mexico) or international waters; 

(II) that is located within 10 miles of a system or 

asset included on the prioritized critical infrastructure 

list established under section 2214(a)(2) or has such a 

system or asset within its territory; 

(III) that is located within or contiguous to 1 of the 

50 most populous metropolitan statistical areas in the 

United States; or 

(IV) the jurisdiction of which includes not less than 

1,000 square miles of Indian country, as that term is 

defined in section 1151 of title 18, United States Code; 

and 

(iv) that certifies to the Secretary that a State has 

not provided funds under section 2003 or 2004 to the 

Indian tribe or consortium of Indian tribes for the purpose for which direct funding is sought; and 

(B) a consortium of Indian tribes, if each tribe satisfies 

the requirements of subparagraph (A). 

(5) ELIGIBLE METROPOLITAN AREA.—The term ‘‘eligible metropolitan area’’ means any of the 100 most populous metropolitan 

statistical areas in the United States. 

(6) HIGH-RISK URBAN AREA.—The term ‘‘high-risk urban 

area’’ means a high-risk urban area designated under section 

2003(b)(3)(A). 

(7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning 

given that term in section 4(e) of the Indian Self-Determination Act (25 U.S.C. 450b(e)). 

(8) METROPOLITAN STATISTICAL AREA.—The term ‘‘metropolitan statistical area’’ means a metropolitan statistical area, as 

defined by the Office of Management and Budget. 

(9) NATIONAL SPECIAL SECURITY EVENT.—The term ‘‘National 

Special Security Event’’ means a designated event that, by virtue of its political, economic, social, or religious significance, 

may be the target of terrorism or other criminal activity. 


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(10) POPULATION.—The term ‘‘population’’ means population 

according to the most recent United States census population 

estimates available at the start of the relevant fiscal year. 

(11) POPULATION DENSITY.—The term ‘‘population density’’ 

means population divided by land area in square miles. 

(12) QUALIFIED INTELLIGENCE ANALYST.—The term ‘‘qualified 

intelligence analyst’’ means an intelligence analyst (as that 

term is defined in section 210A(j)), including law enforcement 

personnel— 

(A) who has successfully completed training to ensure 

baseline proficiency in intelligence analysis and production, as determined by the Secretary, which may include 

training using a curriculum developed under section 209; 

or 

(B) whose experience ensures baseline proficiency in intelligence analysis and production equivalent to the training required under subparagraph (A), as determined by 

the Secretary. 

(13) TARGET CAPABILITIES.—The term ‘‘target capabilities’’ 

means the target capabilities for Federal, State, local, and tribal government preparedness for which guidelines are required 

to be established under section 646(a) of the Post-Katrina 

Emergency Management Reform Act of 2006 (6 U.S.C. 746(a)). 

(14) TRIBAL GOVERNMENT.—The term ‘‘tribal government’’ 

means the government of an Indian tribe. 

* * * * * * * 

TITLE XXII—CYBERSECURITY AND 

INFRASTRUCTURE SECURITY AGENCY 

Subtitle A—Cybersecurity and 

Infrastructure Security 

* * * * * * * 

SEC. 2209. NATIONAL CYBERSECURITY AND COMMUNICATIONS INTEGRATION CENTER. 

(a) DEFINITIONS.—In this section— 

(1) the term ‘‘cybersecurity risk’’— 

(A) means threats to and vulnerabilities of information 

or information systems and any related consequences 

caused by or resulting from unauthorized access, use, disclosure, degradation, disruption, modification, or destruction of such information or information systems, including 

such related consequences caused by an act of terrorism; 

and 

(B) does not include any action that solely involves a violation of a consumer term of service or a consumer licensing agreement; 

(2) the terms ‘‘cyber threat indicator’’ and ‘‘defensive measure’’ have the meanings given those terms in section 102 of the 

Cybersecurity Act of 2015; 

(3) the term ‘‘incident’’ means an occurrence that actually or 

imminently jeopardizes, without lawful authority, the integrity, 


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confidentiality, or availability of information on an information 

system, or actually or imminently jeopardizes, without lawful 

authority, an information system; 

(4) the term ‘‘information sharing and analysis organization’’ 

has the meaning given that term in section 2222(5); 

(5) the term ‘‘information system’’ has the meaning given 

that term in section 3502(8) of title 44, United States Code; 

and 

(6) the term ‘‘sharing’’ (including all conjugations thereof) 

means providing, receiving, and disseminating (including all 

conjugations of each of such terms). 

(b) CENTER.—There is in the Department a national cybersecurity and communications integration center (referred to in this section as the ‘‘Center’’) to carry out certain responsibilities of the Director. The Center shall be located in the Cybersecurity and Infrastructure Security Agency. The head of the Center shall report to 

the Assistant Director for Cybersecurity. 

(c) FUNCTIONS.—The cybersecurity functions of the Center shall 

include— 

(1) being a Federal civilian interface for the multi-directional 

and cross-sector sharing of information related to cyber threat 

indicators, defensive measures, cybersecurity risks, incidents, 

analysis, and warnings for Federal and non-Federal entities, 

including the implementation of title I of the Cybersecurity Act 

of 2015; 

(2) providing shared situational awareness to enable realtime, integrated, and operational actions across the Federal 

Government and non-Federal entities to address cybersecurity 

risks and incidents to Federal and non-Federal entities; 

(3) coordinating the sharing of information related to cyber 

threat indicators, defensive measures, cybersecurity risks, and 

incidents across the Federal Government; 

(4) facilitating cross-sector coordination to address cybersecurity risks and incidents, including cybersecurity risks and incidents that may be related or could have consequential impacts 

across multiple sectors; 

(5)(A) conducting integration and analysis, including crosssector integration and analysis, of cyber threat indicators, defensive measures, cybersecurity risks, and incidents; and 

(B) sharing the analysis conducted under subparagraph (A) 

with Federal and non-Federal entities; 

(6) upon request, providing timely technical assistance, risk 

management support (including by carrying out a security risk 

and vulnerability assessment), and incident response capabilities to Federal and non-Federal entities with respect to cyber 

threat indicators, defensive measures, cybersecurity risks, and 

incidents, which may include attribution, mitigation, and remediation; 

(7) providing information and recommendations on security 

and resilience measures to Federal and non-Federal entities, 

including information and recommendations to— 

(A) facilitate information security; 

(B) strengthen information systems against cybersecurity risks and incidents; and 


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(C) sharing cyber threat indicators and defensive measures; 

(8) engaging with international partners, in consultation 

with other appropriate agencies, to— 

(A) collaborate on cyber threat indicators, defensive 

measures, and information related to cybersecurity risks 

and incidents; and 

(B) enhance the security and resilience of global cybersecurity; 

(9) sharing cyber threat indicators, defensive measures, and 

other information related to cybersecurity risks and incidents 

with Federal and non-Federal entities, including across sectors 

of critical infrastructure and with State and major urban area 

fusion centers, as appropriate; 

(10) participating, as appropriate, in national exercises run 

by the Department; and 

(11) in coordination with the Emergency Communications Division of the Department, assessing and evaluating consequence, vulnerability, and threat information regarding 

cyber incidents to public safety communications to help facilitate continuous improvements to the security and resiliency of 

such communications. 

(d) COMPOSITION.— (1) IN GENERAL.—The Center shall be composed of— 

(A) appropriate representatives of Federal entities, such 

as— 

(i) sector-specific agencies; 

(ii) civilian and law enforcement agencies; and 

(iii) elements of the intelligence community, as that 

term is defined under section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)); 

(B) appropriate representatives of non-Federal entities, 

such as— 

(i) State, local, and tribal governments; 

(ii) information sharing and analysis organizations, 

including information sharing and analysis centers; 

(iii) owners and operators of critical information systems; and 

(iv) private entities; 

(C) components within the Center that carry out cybersecurity and communications activities; 

(D) a designated Federal official for operational coordination with and across each sector; 

(E) an entity that collaborates with State and local governments on cybersecurity risks and incidents, and has entered into a voluntary information sharing relationship 

with the Center; and 

(F) other appropriate representatives or entities, as determined by the Secretary. 

(2) INCIDENTS.—In the event of an incident, during exigent 

circumstances the Secretary may grant a Federal or non-Federal entity immediate temporary access to the Center. 

(e) PRINCIPLES.—In carrying out the functions under subsection 

(c), the Center shall ensure— 

(1) to the extent practicable, that— 


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(A) timely, actionable, and relevant cyber threat indicators, defensive measures, and information related to cybersecurity risks, incidents, and analysis is shared; 

(B) when appropriate, cyber threat indicators, defensive 

measures, and information related to cybersecurity risks, 

incidents, and analysis is integrated with other relevant 

information and tailored to the specific characteristics of a 

sector; 

(C) activities are prioritized and conducted based on the 

level of risk; 

(D) industry sector-specific, academic, and national laboratory expertise is sought and receives appropriate consideration; 

(E) continuous, collaborative, and inclusive coordination 

occurs— 

(i) across sectors; and 

(ii) with— 

(I) sector coordinating councils; 

(II) information sharing and analysis organizations; and 

(III) other appropriate non-Federal partners; 

(F) as appropriate, the Center works to develop and use 

mechanisms for sharing information related to cyber 

threat indicators, defensive measures, cybersecurity risks, 

and incidents that are technology-neutral, interoperable, 

real-time, cost-effective, and resilient; 

(G) the Center works with other agencies to reduce unnecessarily duplicative sharing of information related to 

cyber threat indicators, defensive measures, cybersecurity 

risks, and incidents; and; 

(H) the Center designates an agency contact for non-Federal entities; 

(2) that information related to cyber threat indicators, defensive measures, cybersecurity risks, and incidents is appropriately safeguarded against unauthorized access or disclosure; 

and 

(3) that activities conducted by the Center comply with all 

policies, regulations, and laws that protect the privacy and civil 

liberties of United States persons, including by working with 

the Privacy Officer appointed under section 222 to ensure that 

the Center follows the policies and procedures specified in subsections (b) and (d)(5)(C) of section 105 of the Cybersecurity 

Act of 2015. 

(f) NO RIGHT OR BENEFIT.— 

(1) IN GENERAL.—The provision of assistance or information 

to, and inclusion in the Center of, governmental or private entities under this section shall be at the sole and unreviewable 

discretion of the Director. 

(2) CERTAIN ASSISTANCE OR INFORMATION.—The provision of 

certain assistance or information to, or inclusion in the Center 

of, one governmental or private entity pursuant to this section 

shall not create a right or benefit, substantive or procedural, 

to similar assistance or information for any other governmental or private entity. 

(g) AUTOMATED INFORMATION SHARING.— 


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(1) IN GENERAL.—The Director, in coordination with industry 

and other stakeholders, shall develop capabilities making use 

of existing information technology industry standards and best 

practices, as appropriate, that support and rapidly advance the 

development, adoption, and implementation of automated 

mechanisms for the sharing of cyber threat indicators and defensive measures in accordance with title I of the Cybersecurity Act of 2015. 

(2) ANNUAL REPORT.—The Director shall submit to the Committee on Homeland Security and Governmental Affairs of the 

Senate and the Committee on Homeland Security of the House 

of Representatives an annual report on the status and progress 

of the development of the capabilities described in paragraph 

(1). Such reports shall be required until such capabilities are 

fully implemented. 

(h) VOLUNTARY INFORMATION SHARING PROCEDURES.— (1) PROCEDURES.— (A) IN GENERAL.—The Center may enter into a voluntary 

information sharing relationship with any consenting nonFederal entity for the sharing of cyber threat indicators 

and defensive measures for cybersecurity purposes in accordance with this section. Nothing in this subsection may 

be construed to require any non-Federal entity to enter 

into any such information sharing relationship with the 

Center or any other entity. The Center may terminate a 

voluntary information sharing relationship under this subsection, at the sole and unreviewable discretion of the Secretary, acting through the Director, for any reason, including if the Center determines that the non-Federal entity 

with which the Center has entered into such a relationship 

has violated the terms of this subsection. 

(B) NATIONAL SECURITY.—The Secretary may decline to 

enter into a voluntary information sharing relationship 

under this subsection, at the sole and unreviewable discretion of the Secretary, acting through the Director, for any 

reason, including if the Secretary determines that such is 

appropriate for national security. 

(2) VOLUNTARY INFORMATION SHARING RELATIONSHIPS.—A 

voluntary information sharing relationship under this subsection may be characterized as an agreement described in this 

paragraph. 

(A) STANDARD AGREEMENT.—For the use of a non-Federal entity, the Center shall make available a standard 

agreement, consistent with this section, on the Department’s website. 

(B) NEGOTIATED AGREEMENT.—At the request of a nonFederal entity, and if determined appropriate by the Center, at the sole and unreviewable discretion of the Secretary, acting through the Director, the Department shall 

negotiate a non-standard agreement, consistent with this 

section. 

(C) EXISTING AGREEMENTS.—An agreement between the 

Center and a non-Federal entity that is entered into before 

the date of enactment of this subsection, or such an agreement that is in effect before such date, shall be deemed in 


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compliance with the requirements of this subsection, notwithstanding any other provision or requirement of this 

subsection. An agreement under this subsection shall include the relevant privacy protections as in effect under 

the Cooperative Research and Development Agreement for 

Cybersecurity Information Sharing and Collaboration, as 

of December 31, 2014. Nothing in this subsection may be 

construed to require a non-Federal entity to enter into either a standard or negotiated agreement to be in compliance with this subsection. 

(i) DIRECT REPORTING.—The Secretary shall develop policies and 

procedures for direct reporting to the Secretary by the Director of 

the Center regarding significant cybersecurity risks and incidents. 

(j) REPORTS ON INTERNATIONAL COOPERATION.—Not later than 

180 days after the date of enactment of this subsection, and periodically thereafter, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the 

House of Representatives a report on the range of efforts underway 

to bolster cybersecurity collaboration with relevant international 

partners in accordance with subsection (c)(8). 

(k) OUTREACH.—Not later than 60 days after the date of enactment of this subsection, the Secretary, acting through the Director, 

shall— 

(1) disseminate to the public information about how to voluntarily share cyber threat indicators and defensive measures 

with the Center; and 

(2) enhance outreach to critical infrastructure owners and 

operators for purposes of such sharing. 

(l) CYBERSECURITY OUTREACH.— 

(1) IN GENERAL.—The Secretary may leverage small business 

development centers to provide assistance to small business 

concerns by disseminating information on cyber threat indicators, defense measures, cybersecurity risks, incidents, analyses, 

and warnings to help small business concerns in developing or 

enhancing cybersecurity infrastructure, awareness of cyber 

threat indicators, and cyber training programs for employees. 

(2) DEFINITIONS.—For purposes of this subsection, the terms 

‘‘small business concern’’ and ‘‘small business development center’’ have the meaning given such terms, respectively, under 

section 3 of the Small Business Act. 

(m) COORDINATED VULNERABILITY DISCLOSURE.—The Secretary, 

in coordination with industry and other stakeholders, may develop 

and adhere to Department policies and procedures for coordinating 

vulnerability disclosures. 

* * * * * * * 

INTERNAL REVENUE CODE OF 1986 

* * * * * * * 


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Subtitle H—Financing of Presidential 

Election Campaigns 

* * * * * * * 

CHAPTER 95—PRESIDENTIAL ELECTION 

CAMPAIGN FUND 

Sec. 9001. Short title. 

* * * * * * * 

Sec. 9013. Use of Freedom From Influence Fund as source of payments. 

* * * * * * * 

SEC. 9002. DEFINITIONS. 

For purposes of this chapter— 

(1) The term ‘‘authorized committee’’ means, with respect to 

the candidates of a political party for President and Vice President of the United States, any political committee which is authorized in writing by such candidates to incur expenses to further the election of such candidates. Such authorization shall 

be addressed to the chairman of such political committee, and 

a copy of such authorization shall be filed by such candidates 

with the Commission. Any withdrawal of any authorization 

shall also be in writing and shall be addressed and filed in the 

same manner as the authorization. 

(2) The term ‘‘candidate’’ means with respect to any presidential election, an individual who (A) has been nominated for 

election to the office of President of the United States or the 

office of Vice President of the United States by a major party, 

or (B) has qualified to have his name on the election ballot (or 

to have the names of electors pledged to him on the election 

ballot) as the candidate of a political party for election to either 

such office in 10 or more States. For purposes of paragraphs 

(6) and (7) of this section and purposes of section 9004(a)(2), 

the term ‘‘candidate’’ means, with respect to any preceding 

presidential election, an individual who received popular votes 

for the office of President in such election. The term ‘‘candidate’’ shall not include any individual who has ceased actively to seek election to the office of President of the United 

States or to the office of Vice President of the United States, 

in more than one State. 

(3) The term ‘‘Commission’’ means the Federal Election Commission established by section 306(a)(1) of the Federal Election 

Campaign Act of 1971. 

(4) The term ‘‘eligible candidates’’ means the candidates of a 

political party for President and Vice President of the United 

States who have met all applicable conditions for eligibility to 

receive payments under this chapter set forth in section 9003. 

(5) The term ‘‘fund’’ means the Presidential Election Campaign Fund established by section 9006(a). 

(6) The term ‘‘major party’’ means, with respect to any presidential election, a political party whose candidate for the office 

of President in the preceding presidential election received, as 


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the candidate of such party, 25 percent or more of the total 

number of popular votes received by all candidates for such office. 

(7) The term ‘‘minor party’’ means, with respect to any presidential election, a political party whose candidate for the office 

of President in the preceding presidential election received, as 

the candidate of such party, 5 percent or more but less than 

25 percent of the total number of popular votes received by all 

candidates for such office. 

(8) The term ‘‘new party’’ means with respect to any presidential election, a political party which is neither a major 

party nor a minor party. 

(9) The term ‘‘political committee’’ means any committee, association, or organization (whether or not incorporated) which 

accepts contributions or makes expenditures for the purpose of 

influencing, or attempting to influence, the nomination or election of one or more individuals to Federal, State, or local elective public office. 

(10) The term ‘‘presidential election’’ means the election of 

presidential and vice-presidential electors. 

(11) The term ‘‘qualified campaign expense’’ means an expense— 

(A) incurred (i) by the candidate of a political party for 

the office of President to further his election to such office 

or to further the election of the candidate of such political 

party for the office of Vice President, or both (ii) by the 

candidate of a political party for the office of Vice President to further his election to such office or to further the 

election of the candidate of such political party for the office of President, or both, or (iii) by an authorized committee of the candidates of a political party for the offices 

of President and Vice President to further the election of 

either or both of such candidates to such offices, 

(B) incurred within the expenditure report period (as defined in paragraph (12)), or incurred before the beginning 

of such period to the extent such expense is for property, 

services, or facilities used during such period, and 

(C) neither the incurring nor payment of which constitutes a violation of any law of the United States or of 

the State in which such expense is incurred or paid. 

An expense shall be considered as incurred by a candidate or 

an authorized committee if it is incurred by a person authorized by such candidate or such committee, as the case may be, 

to incur such expense on behalf of such candidate or such committee. If an authorized committee of the candidates of a political party for President and Vice President of the United 

States also incurs expenses to further the election of one or 

more other individuals to Federal, State, or local elective public 

office, expenses incurred by such committee which are not specifically to further the election of such other individual or individuals shall be considered as incurred to further the election 

of such candidates for President and Vice President in such 

proportion as the Commission prescribes by rules or regulations. For purposes of subparagraph (A), an expense incurred 

by a candidate or authorized committee for general election 


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legal and accounting compliance purposes shall be considered 

to be an expense to further the election of such candidate. 

(12) The term ‘‘expenditure report period’’ with respect to 

any presidential election means— 

(A) in the case of a major party, the period beginning 

with the first day of September before the election, or, if, 

earlier, with the date on which such major party at its national convention nominated its candidate for election to 

the office of President of the United States, and ending 30 

days after the date of the presidential election; and 

(B) in the case of a party which is not a major party, the 

same period as the expenditure report period of the major 

party which has the shortest expenditure report period for 

such presidential election under subparagraph (A). 

(13) QUALIFIED CAMPAIGN CONTRIBUTION.—The term ‘‘qualified campaign contribution’’ means, with respect to any election 

for the office of President of the United States, a contribution 

from an individual to a candidate or an authorized committee 

of a candidate which— (A) does not exceed $1,000 for the election; and 

(B) with respect to which the candidate has certified in 

writing that— 

(i) the individual making such contribution has not 

made aggregate contributions (including such qualified 

contribution) to such candidate and the authorized 

committees of such candidate in excess of the amount 

described in subparagraph (A), and 

(ii) such candidate and the authorized committees of 

such candidate will not accept contributions from such 

individual (including such qualified contribution) aggregating more than the amount described in subparagraph (A) with respect to such election. 

(14) MATCHABLE CONTRIBUTION.—The term ‘‘matchable contribution’’ means, with respect to the election to the office of 

President of the United States, a contribution by an individual 

to a candidate or an authorized committee of a candidate with 

respect to which the candidate has certified in writing that— 

(A) the individual making such contribution has not 

made aggregate contributions (including such matchable 

contribution) to such candidate and the authorized committees of such candidate in excess of $1,000 for the election; 

(B) such candidate and the authorized committees of 

such candidate will not accept contributions from such individual (including such matchable contribution) aggregating more than the amount described in subparagraph 

(A) with respect to such election; and 

(C) such contribution was a direct contribution (as defined in section 9034(c)(3)). 

SEC. 9003. CONDITION FOR ELIGIBILITY FOR PAYMENTS. 

ø(a) IN GENERAL.—In order to be eligible to receive any payments under section 9006, the candidates of a political party in a 

presidential election shall, in writing— 

ø(1) agree to obtain and furnish to the Commission such evidence as it may request of the qualified campaign expenses of 

such candidates, 


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ø(2) agree to keep and furnish to the Commission such 

records, books, and other information as it may request, and 

ø(3) agree to an audit and examination by the Commission 

under section 9007 and to pay any amounts required to be paid 

under such section. 

ø(b) MAJOR PARTIES.—In order to be eligible to receive any payments under section 9006, the candidates of a major party in a 

presidential election shall certify to the Commission, under penalty 

of perjury, that— 

ø(1) such candidates and their authorized committees will 

not incur qualified campaign expenses in excess of the aggregate payments to which they will be entitled under section 

9004, and 

ø(2) no contributions to defray qualified campaign expenses 

have been or will be accepted by such candidates or any of 

their authorized committees except to the extent necessary to 

make up any deficiency in payments received out of the fund 

on account of the application of section 9006(c), and no contributions to defray expenses which would be qualified campaign expenses but for subparagraph (C) of section 9002(11) 

have been or will be accepted by such candidates or any of 

their authorized committees. 

Such certification shall be made within such time prior to the day 

of the presidential election as the Commission shall prescribe by 

rules or regulations. 

ø(c) MINOR AND NEW PARTIES.—In order to be eligible to receive 

any payments under section 9006, the candidates of a minor or new 

party in a presidential election shall certify to the Commission 

under penalty of perjury, that— 

ø(1) such candidates and their authorized committees will 

not incur qualified campaign expenses in excess of the aggregate payments to which the eligible candidates of a major 

party are entitled under section 9004, and 

ø(2) such candidates and their authorized committees will 

accept and expend or retain contributions to defray qualified 

campaign expenses only to the extent that the qualified campaign expenses incurred by such candidates and their authorized committees certified to under paragraph (1) exceed the aggregate payments received by such candidates out of the fund 

pursuant to section 9006. 

Such certification shall be made within such time prior to the day 

of the presidential election as the Commission shall prescribe by 

rules or regulations.¿ 

(a) IN GENERAL.—In order to be eligible to receive any payments 

under section 9006, the candidates of a political party in a Presidential election shall meet the following requirements: 

(1) PARTICIPATION IN PRIMARY PAYMENT SYSTEM.—The candidate for President received payments under chapter 96 for the 

campaign for nomination for election to be President. 

(2) AGREEMENTS WITH COMMISSION.—The candidates, in 

writing— 

(A) agree to obtain and furnish to the Commission such 

evidence as it may request of the qualified campaign expenses of such candidates, 


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(B) agree to keep and furnish to the Commission such 

records, books, and other information as it may request, 

and 

(C) agree to an audit and examination by the Commission under section 9007 and to pay any amounts required 

to be paid under such section. 

(3) PROHIBITION ON JOINT FUNDRAISING COMMITTEES.— (A) PROHIBITION.—The candidates certifies in writing 

that the candidates will not establish a joint fundraising 

committee with a political committee other than another 

authorized committee of the candidate. 

(B) STATUS OF EXISTING COMMITTEES FOR PRIOR ELEC- TIONS.—If a candidate established a joint fundraising committee described in subparagraph (A) with respect to a 

prior election for which the candidate was not eligible to receive payments under section 9006 and the candidate does 

not terminate the committee, the candidate shall not be 

considered to be in violation of subparagraph (A) so long 

as that joint fundraising committee does not receive any 

contributions or make any disbursements with respect to 

the election for which the candidate is eligible to receive 

payments under section 9006. 

(b) USE OF QUALIFIED CAMPAIGN CONTRIBUTIONS TO DEFRAY EX- PENSES.— 

(1) IN GENERAL.—In order to be eligible to receive any payments under section 9006, the candidates of a party in a Presidential election shall certify to the Commission, under penalty 

of perjury, that— 

(A) such candidates and their authorized committees 

have not and will not accept any contributions to defray 

qualified campaign expenses other than— 

(i) qualified campaign contributions, and 

(ii) contributions to the extent necessary to make up 

any deficiency payments received out of the fund on account of the application of section 9006(c), and 

(B) such candidates and their authorized committees 

have not and will not accept any contribution to defray expenses which would be qualified campaign expenses but for 

subparagraph (C) of section 9002(11). 

(2) TIMING OF CERTIFICATION.—The candidate shall make the 

certification required under this subsection at the same time the 

candidate makes the certification required under subsection 

(a)(3). 

(d) WITHDRAWAL BY CANDIDATE.—In any case in which an individual ceases to be a candidate as a result of the operation of the 

last sentence of section 9002(2), such individual— 

(1) shall no longer be eligible to receive any payments under 

section 9006, except that such individual shall be eligible to receive payments under such section to defray qualified campaign expenses incurred while actively seeking election to the 

office of President of the United States or to the office of Vice 

President of the United States in more than one State; and 

(2) shall pay to the Secretary, as soon as practicable after 

the date upon which such individual ceases to be a candidate, 

an amount equal to the amount of payments received by such 


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individual under section 9006 which are not used to defray 

qualified campaign expenses. 

(e) CLOSED CAPTIONING REQUIREMENT.—No candidate for the office of President or Vice President may receive amounts from the 

Presidential Election Campaign Fund under this chapter or chapter 96 unless such candidate has certified that any television commercial prepared or distributed by the candidate will be prepared 

in a manner which ensures that the commercial contains or is accompanied by closed captioning of the oral content of the commercial to be broadcast in line 21 of the vertical blanking interval, or 

is capable of being viewed by deaf and hearing impaired individuals via any comparable successor technology to line 21 of the 

vertical blanking interval. 

SEC. 9004. ENTITLEMENT OF ELIGIBLE CANDIDATES TO PAYMENTS. 

ø(a) IN GENERAL.—Subject to the provisions of this chapter— 

ø(1) The eligible candidates of each major party in a presidential election shall be entitled to equal payments under section 9006 in an amount which, in the aggregate, shall not exceed the expenditure limitations applicable to such candidates 

under section 315(b)(1)(B) of the Federal Election Campaign 

Act of 1971. 

ø(2)(A) The eligible candidates of a minor party in a presidential election shall be entitled to payments under section 

9006 equal in the aggregate to an amount which bears the 

same ratio to the amount allowed under paragraph (1) for a 

major party as the number of popular votes received by the 

candidate for President of the minor party, as such candidate, 

in the preceding presidential election bears to the average 

number of popular votes received by the candidates for President of the major parties in the preceding presidential election. 

ø(B) If the candidate of one or more political parties (not 

including a major party) for the office of President was a 

candidate for such office in the preceding presidential election and received 5 percent or more but less than 25 percent of the total number of popular votes received by all 

candidates for such office, such candidate and his running 

mate for the office of Vice President, upon compliance with 

the provisions of section 9003(a) and (c), shall be treated 

as eligible candidates entitled to payments under section 

9006 in an amount computed as provided in subparagraph 

(A) by taking into account all the popular votes received by 

such candidate for the office of President in the preceding 

presidential election. If eligible candidates of a minor party 

are entitled to payments under this subparagraph, such 

entitlement shall be reduced by the amount of the entitlement allowed under subparagraph (A). 

ø(3) The eligible candidates of a minor party or a new party 

in a presidential election whose candidate for President in such 

election receives, as such candidate, 5 percent or more of the 

total number of popular votes cast for the office of President 

in such election shall be entitled to payments under section 

9006 equal in the aggregate to an amount which bears the 

same ratio to the amount allowed under paragraph (1) for a 

major party as the number of popular votes received by such 

candidate in such election bears to the average number of popVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00417 Fmt 6659 Sfmt 6601 E:\HR\OC\HR015P1.XXX HR015P1

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ular votes received in such election by the candidates for President of the major parties. In the case of eligible candidates entitled to payments under paragraph (2), the amount allowable 

under this paragraph shall be limited to the amount, if any, by 

which the entitlement under the preceding sentence exceeds 

the amount of the entitlement under paragraph (2). 

ø(b) LIMITATIONS.—The aggregate payments to which the eligible 

candidates of a political party shall be entitled under subsections 

(a)(2) and (3) with respect to a presidential election shall not exceed an amount equal to the lower of— 

ø(1) the amount of qualified campaign expenses incurred by 

such eligible candidates and their authorized committees, reduced by the amount of contributions to defray qualified campaign expenses received and expended or retained by such eligible candidates and such committees, or 

ø(2) the aggregate payments to which the eligible candidates 

of a major party are entitled under subsection (a)(1), reduced 

by the amount of contributions described in paragraph (1) of 

this subsection.¿ 

(a) IN GENERAL.—Subject to the provisions of this chapter, the eligible candidates of a party in a Presidential election shall be entitled to equal payment under section 9006 in an amount equal to 600 

percent of the amount of each matchable contribution received by 

such candidate or by the candidate’s authorized committees (disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person for the 

election exceeds $200), except that total amount to which a candidate is entitled under this paragraph shall not exceed 

$250,000,000. 

(b) INFLATION ADJUSTMENT.— 

(1) IN GENERAL.—In the case of any applicable period beginning after 2029, the $250,000,000 dollar amount in subsection 

(a) shall be increased by an amount equal to— 

(A) such dollar amount; multiplied by 

(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year following the year which 

such applicable period begins, determined by substituting 

‘‘calendar year 2028’’ for ‘‘calendar year 1992’’ in subparagraph (B) thereof. 

(2) APPLICABLE PERIOD.—For purposes of this subsection, the 

term ‘‘applicable period’’ means the 4-year period beginning 

with the first day following the date of the general election for 

the office of President and ending on the date of the next such 

general election. 

(3) ROUNDING.—If any amount as adjusted under paragraph 

(1) is not a multiple of $10,000, such amount shall be rounded 

to the nearest multiple of $10,000. 

(c) RESTRICTIONS.—The eligible candidates of a political party 

shall be entitled to payments under subsection (a) only— 

(1) to defray qualified campaign expenses incurred by such 

eligible candidates or their authorized committees, or 

(2) to repay loans the proceeds of which were used to defray 

such qualified campaign expenses, or otherwise to restore 

funds (other than contributions to defray qualified campaign 


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expenses received and expended by such candidates or such 

committees) used to defray such qualified campaign expenses. 

(d) EXPENDITURES FROM PERSONAL FUNDS.—In order to be eligible to receive any payment under section 9006, the candidate of a 

major, minor, or new party in an election for the office of President 

shall certify to the Commission, under penalty of perjury, that such 

candidate will not knowingly make expenditures from his personal 

funds, or the personal funds of his immediate family, in connection 

with his campaign for election to the office of President in excess 

of, in the aggregate, $50,000. For purposes of this subsection, expenditures from personal funds made by a candidate of a major, 

minor, or new party for the office of Vice President shall be considered to be expenditures by the candidate of such party for the office 

of President. 

(e) DEFINITION OF IMMEDIATE FAMILY.—For purposes of subsection (d), the term ‘‘immediate family’’ means a candidate’s 

spouse, and any child, parent, grandparent, brother, half-brother, 

sister, or half-sister of the candidate, and the spouses of such persons. 

SEC. 9005. CERTIFICATION BY COMMISSION. 

(a) INITIAL CERTIFICATIONS.—Not later than ø10 days¿ 24 hours 

after the candidates of a political party for President and Vice 

President of the United States have met all applicable conditions 

for eligibility to receive payments under this chapter set forth in 

section 9003, the Commission shall certify to the Secretary of the 

Treasury for payment to such eligible candidates under section 

9006 payment in full of amounts to which such candidates are entitled under section 9004. The Commission shall make such additional certifications as may be necessary to receive payments under 

section 9004. 

(b) FINALITY OF CERTIFICATIONS AND DETERMINATIONS.—Initial 

certifications by the Commission under subsection (a), and all determinations made by it under this chapter, shall be final and conclusive, except to the extent that they are subject to examination 

and audit by the Commission under section 9007 and judicial review under section 9011. 

SEC. 9006. PAYMENTS TO ELIGIBLE CANDIDATES. 

(a) ESTABLISHMENT OF CAMPAIGN FUND.—There is hereby established on the books of the Treasury of the United States a special 

fund to be known as the ‘‘Presidential Election Campaign Fund’’. 

The Secretary of the Treasury shall, from time to time, transfer to 

the fund an amount not in excess of the sum of the amounts designated (subsequent to the previous Presidential election) to the 

fund by individuals under section 6096. There is appropriated to 

the fund for each fiscal year, out of amounts in the general fund 

of the Treasury not otherwise appropriated, an amount equal to the 

amounts so designated during each fiscal year, which shall remain 

available to the fund without fiscal year limitation. 

ø(b) PAYMENTS FROM THE FUND.—Upon receipt of a certification 

from the Commission under section 9005 for payment to the eligible candidates of a political party, the Secretary of the Treasury 

shall pay to such candidates out of the fund the amount certified 

by the Commission. Amounts paid to any such candidates shall be 

under the control of such candidates.¿ 


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(b) PAYMENTS FROM THE FUND.—If the Secretary of the Treasury 

receives a certification from the Commission under section 9005 for 

payment to the eligible candidates of a political party, the Secretary 

shall pay to such candidates out of the fund the amount certified 

by the Commission on the later of— 

(1) the last Friday occurring before the first Monday in September; or 

(2) 24 hours after receiving the certifications for the eligible 

candidates of all major political parties. 

Amounts paid to any such candidates shall be under the control of 

such candidates. 

(c) INSUFFICIENT AMOUNTS IN FUND.—If at øthe time of a certification by the Commission under section 9005 for payment¿ the 

time of making a payment under subsection (b) to the eligible candidates of a political party, the Secretary determines that the moneys in the fund are not, or may not be, sufficient to satisfy the full 

entitlements of the eligible candidates of all political parties, he 

shall withhold from such payment such amount as he determines 

to be necessary to assure that the eligible candidates of each political party will receive their pro rata share of their full entitlement. 

Amounts withheld by reason of the preceding sentence shall be 

paid when the Secretary determines that there are sufficient moneys in the fund to pay such amounts, or portions thereof, to all eligible candidates from whom amounts have been withheld, but, if 

there are not sufficient moneys in the fund to satisfy the full entitlement of the eligible candidates of all political parties, the 

amounts so withheld shall be paid in such manner that the eligible 

candidates of each political party receive their pro rata share of 

their full entitlement. In any case in which the Secretary determines that there are insufficient moneys in the fund to make payments under subsection (b), section 9008(i)(2), and section 9037(b), 

moneys shall not be made available from any other source for the 

purpose of making such payments. In making a determination of 

whether there are insufficient moneys in the fund for purposes of the 

previous sentence, the Secretary shall take into account in determining the balance of the fund for a Presidential election year the 

Secretary’s best estimate of the amount of moneys which will be deposited into the fund during the year, except that the amount of the 

estimate may not exceed the average of the annual amounts deposited in the fund during the previous 3 years. 

SEC. 9007. EXAMINATIONS AND AUDITS; REPAYMENTS. 

(a) EXAMINATIONS AND AUDITS.—After each presidential election, 

the Commission shall conduct a thorough examination and audit of 

the qualified campaign expenses of the candidates of each political 

party for President and Vice President. 

(b) REPAYMENTS.— 

(1) If the Commission determines that any portion of the 

payments made to the eligible candidates of a political party 

under section 9006 was in excess of the aggregate payments to 

which candidates were entitled under section 9004, it shall so 

notify such candidates, and such candidates shall pay to the 

Secretary of the Treasury an amount equal to such portion. 

ø(2) If the Commission determines that the eligible candidates of a political party and their authorized committees incurred qualified campaign expenses in excess of the aggregate 


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payments to which the eligible candidates of a major party 

were entitled under section 9004, it shall notify such candidates of the amount of such excess and such candidates shall 

pay to the Secretary of the Treasury an amount equal to such 

amount.¿ 

ø(3)¿ (2) If the Commission determines that the eligible candidates of øa major party¿ a party or any authorized committee of such candidates accepted contributions (other than 

qualified contributions and contributions to make up deficiencies in payments out of the fund on account of the application of section 9006(c)) to defray qualified campaign expenses 

ø(other than qualified campaign expenses with respect to 

which payment is required under paragraph (2))¿, it shall notify such candidates of the amount of the contributions so accepted, and such candidates shall pay to the Secretary of the 

Treasury an amount equal to such amount. 

ø(4)¿ (3) If the Commission determines that any amount of 

any payment made to the eligible candidates of a political 

party under section 9006 was used for any purpose other 

than— 

(A) to defray the qualified campaign expenses with respect to which such payment was made, or 

(B) to repay loans the proceeds of which were used, or 

otherwise to restore funds (other than contributions to defray qualified campaign expenses which were received and 

expended) which were used to defray such qualified campaign expenses, 

it shall notify such candidates of the amount so used, and such 

candidates shall pay to the Secretary of the Treasury an 

amount equal to such amount. 

ø(5)¿ (4) No payment shall be required from the eligible candidates of a political party under this subsection to the extent 

that such payment, when added to other payments required 

from such candidates under this subsection, exceeds the 

amount of payments received by such candidates under section 

9006. 

(c) NOTIFICATION.—No notification shall be made by the Commission under subsection (b) with respect to a presidential election 

more than 3 years after the day of such election. 

(d) DEPOSIT OF REPAYMENTS.—All payments received by the Secretary of the Treasury under subsection (b) shall be deposited by 

him in the general fund of the Treasury. 

* * * * * * * 

øSEC. 9011. JUDICIAL REVIEW. 

ø(a) REVIEW OF CERTIFICATION, DETERMINATION, OR OTHER ACTION BY THE COMMISSION.—Any certification, determination, or 

other action by the Commission made or taken pursuant to the provisions of this chapter shall be subject to review by the United 

States Court of Appeals for the District of Columbia upon petition 

filed in such Court by any interested person. Any petition filed pursuant to this section shall be filed within thirty days after the certification, determination, or other action by the Commission for 

which review is sought. 

ø(b) SUITS TO IMPLEMENT CHAPTER.— 


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ø(1) The Commission, the national committee of any political 

party, and individuals eligible to vote for President are authorized to institute such actions, including actions for declaratory 

judgment or injunctive relief, as may be appropriate to implement or construe any provisions of this chapter. 

ø(2) The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this subsection 

and shall exercise the same without regard to whether a person asserting rights under provisions of this subsection shall 

have exhausted any administrative or other remedies that may 

be provided at law. Such proceedings shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28, United States Code, and any 

appeal shall lie to the Supreme Court.¿ 

SEC. 9011. JUDICIAL REVIEW. 

For provisions relating to judicial review of certifications, determinations, and actions by the Commission under this chapter, see 

section 407 of the Federal Election Campaign Act of 1971. 

SEC. 9012. CRIMINAL PENALTIES. 

ø(a) EXCESS EXPENSES.— 

ø(1) It shall be unlawful for an eligible candidate of a political party for President and Vice President in a presidential 

election or any of his authorized committees knowingly and 

willfully to incur qualified campaign expenses in excess of the 

aggregate payments to which the eligible candidates of a major 

party are entitled under section 9004 with respect to such election. 

ø(2) Any person who violates paragraph (1) shall be fined not 

more than $5,000, or imprisoned not more than one year or 

both. In the case of a violation by an authorized committee, 

any officer or member of such committee who knowingly and 

willfully consents to such violation shall be fined not more 

than $5,000, or imprisoned not more than one year, or both. 

ø(b) CONTRIBUTIONS.— 

ø(1) It shall be unlawful for an eligible candidate of a major 

party in a presidential election or any of his authorized committees knowingly and willfully to accept any contribution to 

defray qualified campaign expenses, except to the extent necessary to make up any deficiency in payments received out of 

the fund on account of the application of section 9006(c), or to 

defray expenses which would be qualified campaign expenses 

but for subparagraph (C) of section 9002(11). 

ø(2) It shall be unlawful for an eligible candidate of a political party (other than a major party) in a presidential election 

or any of his authorized committees knowingly and willfully to 

accept and expend or retain contributions to defray qualified 

campaign expenses in an amount which exceeds the qualified 

campaign expenses incurred with respect to such election by 

such eligible candidate and his authorized committees. 

ø(3) Any person who violates paragraph (1) or (2) shall be 

fined not more than $5,000, or imprisoned not more than one 

year, or both. In the case of a violation by an authorized committee, any officer or member of such committee who knowingly and willfully consents to such violation shall be fined not 


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more than $5,000, or imprisoned not more than one year, or 

both.¿ 

(b) CONTRIBUTIONS.— (1) ACCEPTANCE OF DISALLOWED CONTRIBUTIONS.—It shall be 

unlawful for an eligible candidate of a party in a Presidential 

election or any of his authorized committees knowingly and 

willfully to accept— 

(A) any contribution other than a qualified campaign 

contribution to defray qualified campaign expenses, except 

to the extent necessary to make up any deficiency in payments received out of the fund on account of the application 

of section 9006(c); or 

(B) any contribution to defray expenses which would be 

qualified campaign expenses but for subparagraph (C) of 

section 9002(11). 

(2) PENALTY.—Any person who violates paragraph (1) shall be fined not more than $5,000, or imprisoned not more than one 

year, or both. In the case of a violation by an authorized committee, any officer or member of such committee who knowingly 

and willfully consents to such violation shall be fined not more 

than $5,000, or imprisoned not more than one year, or both. 

(c) UNLAWFUL USE OF PAYMENTS.— (1) It shall be unlawful for any person who receives any payment under section 9006, or to whom any portion of any payment received under such section is transferred, knowingly and 

willfully to use, or authorize the use of, such payment or such 

portion for any purpose other than— 

(A) to defray the qualified campaign expenses with respect to which such payment was made, or 

(B) to repay loans the proceeds of which were used, or 

otherwise to restore funds (other than contributions to defray qualified campaign expenses which were received and 

expended) which were used, to defray such qualified campaign expenses. 

(2) Any person who violates paragraph (1) shall be fined not 

more than $10,000, or imprisoned not more than five years, or 

both. 

(d) FALSE STATEMENTS, ETC..— (1) It shall be unlawful for any person knowingly and willfully— 

(A) to furnish any false, fictitious, or fraudulent evidence, books, or information to the Commission under this 

subtitle, or to include in any evidence, books, or information so furnished any misrepresentation of a material fact, 

or to falsify or conceal any evidence, books, or information 

relevant to a certification by the Commission or an examination and audit by the Commission under this chapter; 

or 

(B) to fail to furnish to the Commission any records, 

books, or information requested by it for purposes of this 

chapter. 

(2) Any person who violates paragraph (1) shall be fined not 

more than $10,000, or imprisoned not more than five years, or 

both. 

(e) KICKBACKS AND ILLEGAL PAYMENTS.— 


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(1) It shall be unlawful for any person knowingly and willfully to give or accept any kickback or any illegal payment in 

connection with any qualified campaign expense of eligible candidates or their authorized committees. 

(2) Any person who violates paragraph (1) shall be fined not more than $10,000, or imprisoned not more than five years, or 

both. 

(3) In addition to the penalty provided by paragraph (2), any 

person who accepts any kickback or illegal payment in connection with any qualified campaign expense of eligible candidates 

or their authorized committees shall pay to the Secretary of 

the Treasury, for deposit in the general fund of the Treasury, 

an amount equal to 125 percent of the kickback or payment received. 

(f) UNAUTHORIZED EXPENDITURES AND CONTRIBUTIONS.— (1) Except as provided in paragraph (2), it shall be unlawful 

for any political committee which is not an authorized committee with respect to the eligible candidates of a political 

party for President and Vice President in a presidential election knowingly and willfully to incur expenditures to further 

the election of such candidates, which would constitute qualified campaign expenses if incurred by an authorized committee 

of such candidates, in an aggregate amount exceeding $1,000. 

(2) This subsection shall not apply to (A) expenditures by a 

broadcaster regulated by the Federal Communications Commission, or by a periodical publication, in reporting the news 

or in taking editorial positions, or (B) expenditures by any organization described in section 501(c) which is exempt from tax 

under section 501(a) in communicating to its members the 

views of that organization. 

(3) Any political committee which violates paragraph (1) 

shall be fined not more than $5,000, and any officer or member 

of such committee who knowingly and willfully consents to 

such violation and any other individual who knowingly and 

willfully violates paragraph (1) shall be fined not more than 

$5,000, or imprisoned not more than one year, or both. 

(g) UNAUTHORIZED DISCLOSURE OF INFORMATION.— (1) It shall be unlawful for any individual to disclose any information obtained under the provisions of this chapter except 

as may be required by law. 

(2) Any person who violates paragraph (1) shall be fined not more than $5,000, or imprisoned not more than one year, or 

both. 

SEC. 9013. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF 

PAYMENTS. 

(a) IN GENERAL.—Notwithstanding any other provision of this 

chapter, effective with respect to the Presidential election held in 

2028 and each succeeding Presidential election, all payments made 

under this chapter shall be made from the Freedom From Influence 

Fund established under section 541 of the Federal Election Campaign Act of 1971. 

(b) MANDATORY REDUCTION OF PAYMENTS IN CASE OF INSUFFICIENT AMOUNTS IN FUND.— 

(1) ADVANCE AUDITS BY COMMISSION.—Not later than 90 days 

before the first day of each Presidential election cycle (beginning 


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with the cycle for the election held in 2028), the Commission 

shall— 

(A) audit the Fund to determine whether, after first making payments to participating candidates under title V of 

the Federal Election Campaign Act of 1971 and then making payments to States under the My Voice Voucher Program under the Government By the People Act of 2019 and 

then making payments to candidates under chapter 96, the 

amounts remaining in the Fund will be sufficient to make 

payments to candidates under this chapter in the amounts 

provided under this chapter during such election cycle; and 

(B) submit a report to Congress describing the results of 

the audit. 

(2) REDUCTIONS IN AMOUNT OF PAYMENTS.— (A) AUTOMATIC REDUCTION ON PRO RATA BASIS.—If, on 

the basis of the audit described in paragraph (1), the Commission determines that the amount anticipated to be available in the Fund with respect to the Presidential election 

cycle involved is not, or may not be, sufficient to satisfy the 

full entitlements of candidates to payments under this 

chapter for such cycle, the Commission shall reduce each 

amount which would otherwise be paid to a candidate 

under this chapter by such pro rata amount as may be necessary to ensure that the aggregate amount of payments anticipated to be made with respect to the cycle will not exceed 

the amount anticipated to be available for such payments 

in the Fund with respect to such cycle. 

(B) RESTORATION OF REDUCTIONS IN CASE OF AVAIL- ABILITY OF SUFFICIENT FUNDS DURING ELECTION CYCLE.— If, after reducing the amounts paid to candidates with respect to an election cycle under subparagraph (A), the Commission determines that there are sufficient amounts in the 

Fund to restore the amount by which such payments were 

reduced (or any portion thereof), to the extent that such 

amounts are available, the Commission may make a payment on a pro rata basis to each such candidate with respect to the election cycle in the amount by which such candidate’s payments were reduced under subparagraph (A) 

(or any portion thereof, as the case may be). 

(C) NO USE OF AMOUNTS FROM OTHER SOURCES.—In any 

case in which the Commission determines that there are insufficient moneys in the Fund to make payments to candidates under this chapter, moneys shall not be made 

available from any other source for the purpose of making 

such payments. 

(3) NO EFFECT ON AMOUNTS TRANSFERRED FOR PEDIATRIC RESEARCH INITIATIVE.—This section does not apply to the transfer 

of funds under section 9008(i). 

(4) PRESIDENTIAL ELECTION CYCLE DEFINED.—In this section, 

the term ‘‘Presidential election cycle’’ means, with respect to a 

Presidential election, the period beginning on the day after the 

date of the previous Presidential general election and ending on 

the date of the Presidential election. 

* * * * * * * 


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CHAPTER 96—PRESIDENTIAL PRIMARY 

MATCHING PAYMENT ACCOUNT 

Sec. 9031. Short title. 

* * * * * * * 

Sec. 9043. Use of Freedom From Influence Fund as source of payments. 

* * * * * * * 

SEC. 9032. DEFINITIONS. 

For the purposes of this chapter— 

(1) The term ‘‘authorized committee’’ means, with respect to 

the candidates of a political party for President and Vice President of the United States, any political committee which is authorized in writing by such candidates to incur expenses to further the election of such candidates. Such authorization shall 

be addressed to the chairman of such political committee, and 

a copy of such authorization shall be filed by such candidates 

with the Commission. Any withdrawal of any authorization 

shall also be in writing and shall be addressed and filed in the 

same manner as the authorization. 

(2) The term ‘‘candidate’’ means an individual who seeks 

nomination for election to be President of the United States. 

For purposes of this paragraph, an individual shall be considered to seek nomination for election if he (A) takes the action 

necessary under the law of a State to qualify himself for nomination for election, (B) receives contributions or incurs qualified campaign expenses, or (C) gives his consent for any other 

person to receive contributions or to incur qualified campaign 

expenses on his behalf. The term ‘‘candidate’’ shall not include 

any individual who is not actively conducting campaigns in 

more than one State in connection with seeking nomination for 

election to be President of the United States. 

(3) The term ‘‘Commission’’ means the Federal Election Commission established by section 306(a)(1) of the Federal Election 

Campaign Act of 1971. 

(4) Except as provided by øsection 9034(a)¿ section 9034 or 

9033(b), the term ‘‘contribution’’— 

(A) means a gift, subscription, loan, advance, or deposit 

of money, or anything of value, the payment of which was 

made on or after the beginning of the calendar year immediately preceding the calendar year of the presidential 

election with respect to which such gift, subscription, loan, 

advance, or deposit of money, or anything of value, is 

made, for the purpose of influencing the result of a primary election, 

(B) means a contract, promise, or agreement, whether or 

not legally enforceable, to make a contribution for any 

such purpose, 

(C) means funds received by a political committee which 

are transferred to that committee from another committee, 

and 

(D) means the payment by any person other than a candidate, or his authorized committee, of compensation for 


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the personal services of another person which are rendered 

to the candidate or committee without charge, but 

(E) does not include— 

(i) except as provided in subparagraph (D), the value 

of personal services rendered to or for the benefit of a 

candidate by an individual who receives no compensation for rendering such service to or for the benefit of 

the candidate, or 

(ii) payments under section 9037. 

(5) The term ‘‘matching payment account’’ means the Presidential Primary Matching Payment Account established under 

section 9037(a). 

(6) The term ‘‘matching payment period’’ means the period 

beginning with øthe beginning of the calendar year in which 

a general election for the office of President of the United 

States will be held¿ the date that is 6 months prior to the date 

of the earliest State primary election and ending on the date on 

which the national convention of the party whose nomination 

a candidate seeks nominates its candidate for the office of 

President of the United States, or, in the case of a party which 

does not make such nomination by national convention, ending 

on the earlier of (A) the date such party nominates its candidate for the office of President of the United States, or (B) 

the last day of the last national convention held by a major 

party during such calendar year. 

(7) The term ‘‘primary election’’ means an election, including 

a runoff election or a nominating convention or caucus held by 

a political party, for the selection of delegates to a national 

nominating convention of a political party, or for the expression of a preference for the nomination of persons for election 

to the office of President of the United States. 

(8) The term ‘‘political committee’’ means any individual, 

committee, association, or organization (whether or not incorporated) which accepts contributions or incurs qualified campaign expenses for the purpose of influencing, or attempting to 

influence, the nomination of any person for election to the office of President of the United States. 

(9) The term ‘‘qualified campaign expense’’ means a purchase, payment, distribution, loan, advance, deposit, or gift of 

money or of anything of value— 

(A) incurred by a candidate, or by his authorized committee, in connection with his campaign for nomination for 

election, and 

(B) neither the incurring nor payment of which constitutes a violation of any law of the United States or of 

the State in which the expense is incurred or paid. 

For purposes of this paragraph, an expense is incurred by a 

candidate or by an authorized committee if it is incurred by a 

person specifically authorized in writing by the candidate or 

committee, as the case may be, to incur such expense on behalf 

of the candidate or the committee. 

(10) The term ‘‘State’’ means each State of the United States 

and the District of Columbia. 


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SEC. 9033. ELIGIBILITY FOR PAYMENTS. 

(a) CONDITIONS.—To be eligible to receive payments under section 9037, a candidate shall, in writing— 

(1) agree to obtain and furnish to the Commission any evidence it may request of qualified campaign expenses, 

(2) agree to keep and furnish to the Commission any records, 

books, and other information it may request, and 

(3) agree to an audit and examination by the Commission 

under section 9038 and to pay any amounts required to be paid 

under such section. 

(b) EXPENSE LIMITATION; DECLARATION OF INTENT; MINIMUM

CONTRIBUTIONS.—To be eligible to receive payments under section 

9037, a candidate shall certify to the Commission that— 

ø(1) the candidate and his authorized committees will not 

incur qualified campaign expenses in excess of the limitations 

on such expenses under section 9035,¿ 

(1) the candidate will comply with the personal expenditure 

limitation under section 9035, 

(2) the candidate is seeking nomination by a political party 

for election to the office of President of the United States, 

(3) the candidate has received ømatching contributions¿ 

matchable contributions which in the aggregate, exceed 

ø$5,000¿ $25,000 in contributions from residents of each of at 

least ø20 States¿ 20 States (disregarding any amount of contributions from any such resident to the extent that the total of 

the amounts contributed by such resident for the election exceeds $200), øand¿ 

ø(4) the aggregate of contributions certified with respect to 

any person under paragraph (3) does not exceed $250.¿ 

(4) the candidate and the authorized committees of the candidate will not accept aggregate contributions from any person 

with respect to the nomination for election to the office of President of the United States in excess of $1,000 for the election, 

(5) if the candidate is nominated by a political party for election to the office of President, the candidate will apply for and 

accept payments with respect to the general election for such office in accordance with chapter 95; and 

(6) the candidate will not establish a joint fundraising committee with a political committee other than another authorized 

committee of the candidate, except that candidate established a 

joint fundraising committee with respect to a prior election for 

which the candidate was not eligible to receive payments under 

section 9037 and the candidate does not terminate the committee, the candidate shall not be considered to be in violation 

of this paragraph so long as that joint fundraising committee 

does not receive any contributions or make any disbursements 

during the election cycle for which the candidate is eligible to 

receive payments under such section. 

For purposes of paragraph (4), the term ‘‘contribution’’ has the 

meaning given such term in section 301(8) of the Federal Election 

Campaign Act of 1971. 

(c) TERMINATION OF PAYMENTS.— 

(1) GENERAL RULE.—Except as provided by paragraph (2), no 

payment shall be made to any individual under section 9037— 


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(A) if such individual ceases to be a candidate as a result 

of the operation of the last sentence of section 9032(2); or 

(B) more than 30 days after the date of the second consecutive primary election in which such individual receives 

less than 10 percent of the number of votes cast for all 

candidates of the same party for the same office in such 

primary election, if such individual permitted or authorized the appearance of his name on the ballot, unless such 

individual certifies to the Commission that he will not be 

an active candidate in the primary involved. 

(2) QUALIFIED CAMPAIGN EXPENSES; PAYMENTS TO SEC- RETARY.—Any candidate who is ineligible under paragraph (1) 

to receive any payments under section 9037 shall be eligible to 

continue to receive payments under section 9037 to defray 

qualified campaign expenses incurred before the date upon 

which such candidate becomes ineligible under paragraph (1). 

(3) CALCULATION OF VOTING PERCENTAGE.—For purposes of 

paragraph (1)(B), if the primary elections involved are held in 

more than one State on the same date, a candidate shall be 

treated as receiving that percentage of the votes on such date 

which he received in the primary election conducted on such 

date in which he received the greatest percentage vote. 

(4) REESTABLISHMENT OF ELIGIBILITY.— (A) In any case in which an individual is ineligible to receive payments under section 9037 as a result of the operation of paragraph (1)(A), the Commission may subsequently determine that such individual is a candidate 

upon a finding that such individual is actively seeking 

election to the office of President of the United States in 

more than one State. The Commission shall make such determination without requiring such individual to reestablish his eligibility to receive payments under subsection 

(a). 

(B) Notwithstanding the provisions of paragraph (1)(B), 

a candidate whose payments have been terminated under 

paragraph (1)(B) may again receive payments (including 

amounts he would have received but for paragraph (1)(B)) 

if he receives 20 percent or more of the total number of 

votes cast for candidates of the same party in a primary 

election held after the date on which the election was held 

which was the basis for terminating payments to him. 

SEC. 9034. ENTITLEMENT OF ELIGIBLE CANDIDATES TO PAYMENTS. 

(a) IN GENERAL.— 

(1) IN GENERAL.—Every candidate who is eligible to receive 

payments under section 9033 is entitled to payments under 

section 9037 in øan amount equal to the amount of each contribution¿ an amount equal to 600 percent of the amount of 

each matchable contribution (disregarding any amount of contributions from any person to the extent that the total of the 

amounts contributed by such person for the election exceeds 

$200) received by such candidate on or after the beginning of 

the calendar year immediately preceding the calendar year of 

the presidential election with respect to which such candidate 

is seeking nomination, or by his øauthorized committees, disregarding any amount of contributions from any person to the 


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extent that the total of the amounts contributed by such person on or after the beginning of such preceding calendar year 

exceeds $250¿ authorized committees. øFor purposes of this 

subsection and section 9033(b), the term ‘‘contribution’’ means 

a gift of money made by a written instrument which identifies 

the person making the contribution by full name and mailing 

address, but does not include a subscription, loan, advance, or 

deposit of money, or anything of value or anything described 

in subparagraph (B), (C), or (D) of section 9032(4).¿ 

(2) INFLATION ADJUSTMENT.— 

(A) IN GENERAL.—In the case of any applicable period beginning after 2029, the dollar amount in paragraph (1) 

shall be increased by an amount equal to— 

(i) such dollar amount, multiplied by 

(ii) the cost-of-living adjustment determined under 

section 1(f)(3) for the calendar year following the year 

which such applicable period begins, determined by 

substituting ‘‘calendar year 2028’’ for ‘‘calendar year 

1992’’ in subparagraph (B) thereof. 

(B) APPLICABLE PERIOD.—For purposes of this paragraph, 

the term ‘‘applicable period’’ means the 4-year period beginning with the first day following the date of the general 

election for the office of President and ending on the date 

of the next such general election. 

(C) ROUNDING.—If any amount as adjusted under subparagraph (1) is not a multiple of $10,000, such amount 

shall be rounded to the nearest multiple of $10,000. 

(b) LIMITATIONS.—The total amount of payments to which a candidate is entitled under subsection (a) shall not exceed 50 percent 

of the expenditure limitation applicable under section 315(b)(1)(A) 

of the Federal Election Campaign Act of 1971. 

(c) MATCHABLE CONTRIBUTION DEFINED.—For purposes of this 

section and section 9033(b)— 

(1) MATCHABLE CONTRIBUTION.—The term ‘‘matchable contribution’’ means, with respect to the nomination for election to 

the office of President of the United States, a contribution by an 

individual to a candidate or an authorized committee of a candidate with respect to which the candidate has certified in writing that— 

(A) the individual making such contribution has not 

made aggregate contributions (including such matchable 

contribution) to such candidate and the authorized committees of such candidate in excess of $1,000 for the election; 

(B) such candidate and the authorized committees of 

such candidate will not accept contributions from such individual (including such matchable contribution) aggregating more than the amount described in subparagraph 

(A); and 

(C) such contribution was a direct contribution. 

(2) CONTRIBUTION.—For purposes of this subsection, the term 

‘‘contribution’’ means a gift of money made by a written instrument which identifies the individual making the contribution 

by full name and mailing address, but does not include a subscription, loan, advance, or deposit of money, or anything of 


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value or anything described in subparagraph (B), (C), or (D) of 

section 9032(4). 

(3) DIRECT CONTRIBUTION.— 

(A) IN GENERAL.—For purposes of this subsection, the 

term ‘‘direct contribution’’ means, with respect to a candidate, a contribution which is made directly by an individual to the candidate or an authorized committee of the 

candidate and is not— 

(i) forwarded from the individual making the contribution to the candidate or committee by another person; or 

(ii) received by the candidate or committee with the 

knowledge that the contribution was made at the request, suggestion, or recommendation of another person. 

(B) OTHER DEFINITIONS.—In subparagraph (A)— 

(i) the term ‘‘person’’ does not include an individual 

(other than an individual described in section 304(i)(7) 

of the Federal Election Campaign Act of 1971), a political committee of a political party, or any political committee which is not a separate segregated fund described in section 316(b) of the Federal Election Campaign Act of 1971 and which does not make contributions or independent expenditures, does not engage in 

lobbying activity under the Lobbying Disclosure Act of 

1995 (2 U.S.C. 1601 et seq.), and is not established by, 

controlled by, or affiliated with a registered lobbyist 

under such Act, an agent of a registered lobbyist under 

such Act, or an organization which retains or employs 

a registered lobbyist under such Act; and 

(ii) a contribution is not ‘‘made at the request, suggestion, or recommendation of another person’’ solely 

on the grounds that the contribution is made in response to information provided to the individual making the contribution by any person, so long as the candidate or authorized committee does not know the identity of the person who provided the information to such 

individual. 

SEC. 9035. QUALIFIED CAMPAIGN EXPENSE LIMITATIONS. 

ø(a) EXPENDITURE LIMITATIONS.—No candidate shall knowingly 

incur qualified campaign expenses in excess of the expenditure limitation applicable under section 315(b)(1)(A) of the Federal Election 

Campaign Act of 1971, and no candidate shall knowingly make expenditures from his personal funds, or the personal funds of his immediate family, in connection with his campaign for nomination for 

election to the office of President in excess of, in the aggregate, 

$50,000.¿ 

(a) PERSONAL EXPENDITURE LIMITATION.—No candidate shall 

knowingly make expenditures from his personal funds, or the personal funds of his immediate family, in connection with his campaign for nomination for election to the office of President in excess 

of, in the aggregate, $50,000. 

(b) DEFINITION OF IMMEDIATE FAMILY.—For purposes of this section, the term ‘‘immediate family’’ means a candidate’s spouse, and 


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any child, parent, grandparent, brother, half-brother, sister, or 

half-sister of the candidate, and the spouses of such persons. 

* * * * * * * 

SEC. 9038. EXAMINATIONS AND AUDITS; REPAYMENTS. 

(a) EXAMINATIONS AND AUDITS.—After each matching payment 

period, the Commission shall conduct a thorough examination and 

audit of the qualified campaign expenses of and matchable contributions accepted by every candidate and his authorized committees who received payments under section 9037. 

(b) REPAYMENTS.— 

(1) If the Commission determines that any portion of the 

payments made to a candidate from the matching payment account was in excess of the aggregate amount of payments to 

which such candidate was entitled under section 9034, it shall 

notify the candidate, and the candidate shall pay to the Secretary an amount equal to the amount of excess payments. 

(2) If the Commission determines that any amount of any 

payment made to a candidate from the matching payment account was used for any purpose other than— 

(A) to defray the qualified campaign expenses with respect to which such payment was made, or 

(B) to repay loans the proceeds of which were used, or 

otherwise to restore funds (other than contributions to defray qualified campaign expenses which were received and 

expended) which were used, to defray qualified campaign 

expenses, 

it shall notify such candidate of the amount so used, and the 

candidate shall pay to the Secretary an amount equal to such 

amount. 

(3) Amounts received by a candidate from the matching payment account may be retained for the liquidation of all obligations to pay qualified campaign expenses incurred for a period 

not exceeding 6 months after the end of the matching payment 

period. After all obligations have been liquidated, that portion 

of any unexpended balance remaining in the candidate’s accounts which bears the same ratio to the total unexpended balance as the total amount received from the matching payment 

account bears to the total of all deposits made into the candidate’s accounts shall be promptly repaid to the matching 

payment account. 

(c) NOTIFICATION.—No notification shall be made by the Commission under subsection (b) with respect to a matching payment period more than 3 years after the end of such period. 

(d) DEPOSIT OF REPAYMENTS.—All payments received by the Secretary under subsection (b) shall be deposited by him in the matching payment account. 

* * * * * * * 

øSEC. 9041. JUDICIAL REVIEW. 

ø(a) REVIEW OF AGENCY ACTION BY THE COMMISSION.—Any agency action by the Commission made under the provisions of this 

chapter shall be subject to review by the United States Court of 

Appeals for the District of Columbia Circuit upon petition filed in 


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such court within 30 days after the agency action by the Commission for which review is sought. 

ø(b) REVIEW PROCEDURES.—The provisions of chapter 7 of title 5, 

United States Code, apply to judicial review of any agency action, 

as defined in section 551(13) of title 5, United States Code, by the 

Commission.¿ 

SEC. 9041. JUDICIAL REVIEW. 

For provisions relating to judicial review of actions by the Commission under this chapter, see section 407 of the Federal Election 

Campaign Act of 1971. 

* * * * * * * 

SEC. 9043. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF 

PAYMENTS. 

(a) IN GENERAL.—Notwithstanding any other provision of this 

chapter, effective with respect to the Presidential election held in 

2028 and each succeeding Presidential election, all payments made 

to candidates under this chapter shall be made from the Freedom 

From Influence Fund established under section 541 of the Federal 

Election Campaign Act of 1971 (hereafter in this section referred to 

as the ‘‘Fund’’). 

(b) MANDATORY REDUCTION OF PAYMENTS IN CASE OF INSUFFI- CIENT AMOUNTS IN FUND.— (1) ADVANCE AUDITS BY COMMISSION.—Not later than 90 days 

before the first day of each Presidential election cycle (beginning 

with the cycle for the election held in 2028), the Commission 

shall— 

(A) audit the Fund to determine whether, after first making payments to participating candidates under title V of 

the Federal Election Campaign Act of 1971 and then making payments to States under the My Voice Voucher Program under the Government By the People Act of 2019, the 

amounts remaining in the Fund will be sufficient to make 

payments to candidates under this chapter in the amounts 

provided under this chapter during such election cycle; and 

(B) submit a report to Congress describing the results of 

the audit. 

(2) REDUCTIONS IN AMOUNT OF PAYMENTS.— 

(A) AUTOMATIC REDUCTION ON PRO RATA BASIS.—If, on 

the basis of the audit described in paragraph (1), the Commission determines that the amount anticipated to be available in the Fund with respect to the Presidential election 

cycle involved is not, or may not be, sufficient to satisfy the 

full entitlements of candidates to payments under this 

chapter for such cycle, the Commission shall reduce each 

amount which would otherwise be paid to a candidate 

under this chapter by such pro rata amount as may be necessary to ensure that the aggregate amount of payments anticipated to be made with respect to the cycle will not exceed 

the amount anticipated to be available for such payments 

in the Fund with respect to such cycle. 

(B) RESTORATION OF REDUCTIONS IN CASE OF AVAILABILITY OF SUFFICIENT FUNDS DURING ELECTION CYCLE.— 

If, after reducing the amounts paid to candidates with respect to an election cycle under subparagraph (A), the ComVerDate Sep 11 2014 04:59 Mar 05, 2019 Jkt 035310 PO 00000 Frm 00433 Fmt 6659 Sfmt 6603 E:\HR\OC\HR015P1.XXX HR015P1

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mission determines that there are sufficient amounts in the 

Fund to restore the amount by which such payments were 

reduced (or any portion thereof), to the extent that such 

amounts are available, the Commission may make a payment on a pro rata basis to each such candidate with respect to the election cycle in the amount by which such candidate’s payments were reduced under subparagraph (A) 

(or any portion thereof, as the case may be). 

(C) NO USE OF AMOUNTS FROM OTHER SOURCES.—In any 

case in which the Commission determines that there are insufficient moneys in the Fund to make payments to candidates under this chapter, moneys shall not be made 

available from any other source for the purpose of making 

such payments. 

(3) NO EFFECT ON AMOUNTS TRANSFERRED FOR PEDIATRIC RE- SEARCH INITIATIVE.—This section does not apply to the transfer 

of funds under section 9008(i). 

(4) PRESIDENTIAL ELECTION CYCLE DEFINED.—In this section, 

the term ‘‘Presidential election cycle’’ means, with respect to a 

Presidential election, the period beginning on the day after the 

date of the previous Presidential general election and ending on 

the date of the Presidential election. 

* * * * * * * 

BIPARTISAN CAMPAIGN REFORM ACT OF 2002 

* * * * * * * 

TITLE IV—SEVERABILITY; EFFECTIVE 

DATE 

* * * * * * * 

øSEC. 403. JUDICIAL REVIEW. 

ø(a) SPECIAL RULES FOR ACTIONS BROUGHT ON CONSTITUTIONAL

GROUNDS.—If any action is brought for declaratory or injunctive relief to challenge the constitutionality of any provision of this Act or 

any amendment made by this Act, the following rules shall apply: 

ø(1) The action shall be filed in the United States District 

Court for the District of Columbia and shall be heard by a 3- 

judge court convened pursuant to section 2284 of title 28, 

United States Code. 

ø(2) A copy of the complaint shall be delivered promptly to 

the Clerk of the House of Representatives and the Secretary of 

the Senate. 

ø(3) A final decision in the action shall be reviewable only 

by appeal directly to the Supreme Court of the United States. 

Such appeal shall be taken by the filing of a notice of appeal 

within 10 days, and the filing of a jurisdictional statement 

within 30 days, of the entry of the final decision. 

ø(4) It shall be the duty of the United States District Court 

for the District of Columbia and the Supreme Court of the 

United States to advance on the docket and to expedite to the 


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greatest possible extent the disposition of the action and appeal. 

ø(b) INTERVENTION BY MEMBERS OF CONGRESS.—In any action in 

which the constitutionality of any provision of this Act or any 

amendment made by this Act is raised (including but not limited 

to an action described in subsection (a)), any member of the House 

of Representatives (including a Delegate or Resident Commissioner 

to the Congress) or Senate shall have the right to intervene either 

in support of or opposition to the position of a party to the case regarding the constitutionality of the provision or amendment. To 

avoid duplication of efforts and reduce the burdens placed on the 

parties to the action, the court in any such action may make such 

orders as it considers necessary, including orders to require intervenors taking similar positions to file joint papers or to be represented by a single attorney at oral argument. 

ø(c) CHALLENGE BY MEMBERS OF CONGRESS.—Any Member of 

Congress may bring an action, subject to the special rules described 

in subsection (a), for declaratory or injunctive relief to challenge 

the constitutionality of any provision of this Act or any amendment 

made by this Act. 

ø(d) APPLICABILITY.— ø(1) INITIAL CLAIMS.—With respect to any action initially 

filed on or before December 31, 2006, the provisions of subsection (a) shall apply with respect to each action described in 

such section. 

ø(2) SUBSEQUENT ACTIONS.—With respect to any action initially filed after December 31, 2006, the provisions of subsection (a) shall not apply to any action described in such section unless the person filing such action elects such provisions 

to apply to the action.¿ 

* * * * * * * 

CONGRESSIONAL ACCOUNTABILITY ACT OF 1995 

* * * * * * * 

TITLE IV—ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES 

* * * * * * * 

øSection 9001 of H.R. 1 (as reported) includes amendments to sections 402 and 415 of the Congressional Accountability Act of 1995. 

The following provisions reflect the amendments made to such sections by Public Law 115–397 which take effect on June 21, 2019.¿ 

SEC. 402. INITIATION OF PROCEDURES. 

(a) CLAIM.— (1) FILING OF CLAIM.—To commence a proceeding under this 

title, a covered employee alleging a violation of law made applicable under part A of title II shall file a claim with the Office. 

The Office shall not accept a claim which is filed after the 

deadline applicable under subsection (d). 


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(2) CONTENTS OF CLAIM.—The claim filed under this section 

shall be made in writing under oath or affirmation, shall describe the facts that form the basis of the claim and the violation that is being alleged, shall identify the employing office alleged to have committed the violation or in which the violation 

is alleged to have occurred, and shall be in such form as the 

Office requires. 

(3) NO EFFECT ON ABILITY OF COVERED EMPLOYEE TO SEEK INFORMATION FROM OFFICE OR PURSUE RELIEF.—Nothing in paragraph (2), or subsection (b) or (c), may be construed to limit the 

ability of a covered employee— 

(A) to contact the Office or any other appropriate office 

prior to filing a claim under this section to seek information regarding the employee’s rights under this Act and 

the procedures available under this Act; 

(B) in the case of a covered employee of an employing office of the House of Representatives or Senate, to refer information regarding an alleged violation of part A of title 

II to the Committee on Ethics of the House of Representatives or the Select Committee on Ethics of the Senate (as 

the case may be); or 

(C) to file a civil action in accordance with section 

401(b). 

(b) INITIAL PROCESSING OF CLAIM.— 

(1) INTAKE AND RECORDING; NOTIFICATION TO EMPLOYING OFFICE.—Upon the filing of a claim by a covered employee under 

subsection (a), the Office shall take such steps as may be necessary for the initial intake and recording of the claim, including providing each party with all relevant information with respect to the rights of the party under this Act, and shall transmit immediately a copy of the claim to the head of the employing office and the designated representative of that office. 

(2) SPECIAL NOTIFICATION REQUIREMENTS FOR CLAIMS BASED

ON ACTS BY MEMBERS OF CONGRESS.— 

(A) IN GENERAL.—In the case of a claim alleging a violation described in subparagraph (B) which consists of a violation described in section 415(d)(1)(A) by an individual, 

upon the filing of the claim under subsection (a), the Office 

shall notify immediately such individual of the claim, the 

possibility that the individual may be required to reimburse the account described in section 415(a) for the reimbursable portion of any award or settlement in connection 

with the claim, and the right of the individual under section 415(d)(8) to intervene in any mediation, hearing, or 

civil action under this title with respect to the claim. 

(B) VIOLATIONS DESCRIBED.—A violation described in 

this subparagraph is— 

ø(i) harassment that is unlawful under section 

201(a) or 206(a); or¿ 

(i) a violation of section 201(a) or section 206(a); or 

(ii) intimidation, reprisal, or discrimination that is 

unlawful under section 207 and is taken against a covered employee because of a claim alleging a violation 

described in clause (i). 


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(c) USE OF SECURE ELECTRONIC REPORTING AND TRACKING SYS- TEM.— (1) ESTABLISHMENT AND OPERATION OF SECURE SYSTEM.—The 

Office shall establish and operate a secure electronic reporting 

system through which a covered employee may initiate a proceeding under this title, and which will keep an electronic 

record of the date and time at which the proceeding is initiated 

and will track all subsequent actions or proceedings occurring 

with respect to the proceeding under this title. 

(2) ACCESSIBILITY TO ALL PARTIES.—The system shall be accessible to all parties to such actions or proceedings, but only 

until the completion of such actions or proceedings. 

(3) ASSESSMENT OF EFFECTIVENESS OF PROCEDURES.—The Office shall use the information contained in the system to make 

regular assessments of the effectiveness of the procedures 

under this title in providing for the timely resolution of claims, 

and shall submit semi-annual reports on such assessments 

each year to the Committee on House Administration of the 

House of Representatives and the Committee on Rules and Administration of the Senate. 

(d) DEADLINE.—A covered employee may not file a claim under 

this section with respect to an allegation of a violation of law after 

the expiration of the 180-day period which begins on the date of 

the alleged violation. 

* * * * * * * 

SEC. 415. PAYMENTS. 

(a) AWARDS AND SETTLEMENTS.—Except as provided in subsection (c), only funds which are appropriated to an account of the 

Office in the Treasury of the United States for the payment of 

awards and settlements may be used for the payment of awards 

and settlements under this Act. There are appropriated for such account such sums as may be necessary to pay such awards and settlements. Funds in the account are not available for awards and 

settlements involving the General Accounting Officeor the Government Printing Office. 

(b) COMPLIANCE.—Except as provided in subsection (c), there are 

authorized to be appropriated such sums as may be necessary for 

administrative, personnel, and similar expenses of employing offices which are needed to comply with this Act. 

(c) OSHA, ACCOMMODATION, AND ACCESS REQUIREMENTS.— 

Funds to correct violations of section 201(a)(3), 210, or 215 of this 

Act may be paid only from funds appropriated to the employing office or entity responsible for correcting such violations. There are 

authorized to be appropriated such sums as may be necessary for 

such funds. 

(d) REIMBURSEMENT BY MEMBERS OF CONGRESS OF AMOUNTS

PAID AS SETTLEMENTS AND AWARDS.— 

(1) REIMBURSEMENT REQUIRED FOR CERTAIN VIOLATIONS.— 

(A) IN GENERAL.—Subject to subparagraphs (B) and (D), 

if a payment is made from the account described in subsection (a) for an award or settlement in connection with 

a claim alleging a violation described in subparagraph (C) 

committed personally by an individual who, at the time of 

committing the violation, was a Member of the House of 


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Representatives (including a Delegate or Resident Commissioner to the Congress) or a Senator, the individual 

shall reimburse the account for the amount of the award 

or settlement for the claim involved. 

(B) CONDITIONS.—In the case of an award made pursuant to a decision of a hearing officer under section 405, or 

a court in a civil action, subparagraph (A) shall apply only 

if the hearing officer or court makes a separate finding 

that a violation described in subparagraph (C) occurred 

which was committed personally by an individual who, at 

the time of committing the violation, was a Member of the 

House of Representatives (including a Delegate or Resident Commissioner to the Congress) or a Senator, and 

such individual shall reimburse the account for the 

amount of compensatory damages included in the award 

as would be available if awarded under section 1977A(b)(3) 

of the Revised Statutes (42 U.S.C. 1981a(b)(3)) irrespective 

of the size of the employing office. In the case of a settlement for a claim described in section 416(d)(3), subparagraph (A) shall apply only if the conditions specified in section 416(d)(3) for requesting reimbursement are met. 

(C) VIOLATIONS DESCRIBED.—A violation described in 

this subparagraph is— 

ø(i) harassment that is unlawful under section 

201(a) or 206(a); or¿ 

(i) a violation of section 201(a) or section 206(a); or 

(ii) intimidation, reprisal, or discrimination that is 

unlawful under section 207 and is taken against a covered employee because of a claim alleging a violation 

described in clause (i). 

(D) MULTIPLE CLAIMS.—If an award or settlement is 

made for multiple claims, some of which do not require reimbursement under this subsection, the individual described in subparagraph (A) shall only be required to reimburse for the amount (referred to in this Act as the ‘‘reimbursable portion’’) that is— 

(i) described in subparagraph (A), subject to subparagraph (B); and 

(ii) included in the portion of the award or settlement attributable to a claim requiring reimbursement. 

(2) WITHHOLDING AMOUNTS FROM COMPENSATION.— 

(A) ESTABLISHMENT OF TIMETABLE AND PROCEDURES BY

COMMITTEES.—For purposes of carrying out subparagraph 

(B), the applicable Committee shall establish a timetable 

and procedures for the withholding of amounts from the 

compensation of an individual who is a Member of the 

House of Representatives or a Senator. 

(B) DEADLINE.—The payroll administrator shall withhold 

from an individual’s compensation and transfer to the account described in subsection (a) (after making any deposit 

required under section 8432(f) of title 5, United States 

Code) such amounts as may be necessary to reimburse the 

account described in subsection (a) for the reimbursable 

portion of the award or settlement described in paragraph 

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quired under paragraph (1) prior to the expiration of the 

90-day period which begins on the date a payment is made 

from the account for such an award or settlement. 

(C) APPLICABLE COMMITTEE DEFINED.—In this paragraph, the term ‘‘applicable Committee’’ means— 

(i) the Committee on House Administration of the 

House of Representatives, in the case of an individual 

who, at the time of the withholding, is a Member of 

the House; or 

(ii) the Committee on Rules and Administration of 

the Senate, in the case of an individual who, at the 

time of the withholding, is a Senator. 

(3) USE OF AMOUNTS IN THRIFT SAVINGS FUND AS SOURCE OF

REIMBURSEMENT.— 

(A) IN GENERAL.—If, by the expiration of the 180-day period that begins on the date a payment is made from the 

account described in subsection (a) for an award or settlement described in paragraph (1), an individual who is subject to a reimbursement requirement of this subsection has 

not reimbursed the account for the entire reimbursable 

portion as required under paragraph (1), withholding and 

transfers of amounts shall continue under paragraph (2) if 

the individual remains employed in the same position, and 

the Executive Director of the Federal Retirement Thrift Investment Board shall make a transfer described in subparagraph (B). 

(B) TRANSFERS.—The transfer by such Executive Director is a transfer, from the account of the individual in the 

Thrift Savings Fund to the account described in subsection 

(a), of an amount equal to the amount of that reimbursable 

portion of the award or settlement, reduced by— 

(i) any amount the individual has reimbursed, taking into account any amounts withheld under paragraph (2); and 

(ii) if the individual remains employed in the same 

position, any amount that the individual is scheduled 

to reimburse, taking into account any amounts to be 

withheld under the individual’s timetable under paragraph (2). 

(C) INITIATION OF TRANSFER.—Notwithstanding section 

8435 of title 5, United States Code, the Executive Director 

described in subparagraph (A) shall make the transfer 

under subparagraph (A) upon receipt of a written request 

to the Executive Director from the Secretary of the Treasury, in the form and manner required by the Executive Director. 

(D) COORDINATION BETWEEN PAYROLL ADMINISTRATOR

AND THE EXECUTIVE DIRECTOR.—The payroll administrator 

and the Executive Director described in subparagraph (A) 

shall carry out this paragraph in a manner that ensures 

the coordination of the withholding and transferring of 

amounts under this paragraph, in accordance with regulations promulgated by the Board under section 303 and 

such Executive Director. 


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(4) ADMINISTRATIVE WAGE GARNISHMENT OR OTHER COLLECTION OF WAGES FROM A SUBSEQUENT POSITION.— 

(A) INDIVIDUAL SUBJECT TO GARNISHMENT OR OTHER COLLECTION.—Subparagraph (B) shall apply to an individual 

who is subject to a reimbursement requirement of this subsection if, at any time after the expiration of the 270-day 

period that begins on the date a payment is made from the 

account described in subsection (a) for an award or settlement described in paragraph (1), the individual— 

(i) has not reimbursed the account for the entire reimbursable portion as required under paragraph (1), 

through withholdings or transfers under paragraphs 

(2) and (3); 

(ii) is not serving in a position as a Member of the 

House of Representatives or a Senator; and 

(iii) is employed in a subsequent non-Federal position. 

(B) GARNISHMENT OR OTHER COLLECTION OF WAGES.—On 

the expiration of that 270-day period, the amount of the 

reimbursable portion of an award or settlement described 

in paragraph (1) (reduced by any amount the individual 

has reimbursed, taking into account any amounts withheld 

or transferred under paragraph (2) or (3)) shall be treated 

as a claim of the United States and transferred to the Secretary of the Treasury for collection. Upon that transfer, 

the Secretary of the Treasury shall collect the claim, in accordance with section 3711 of title 31, United States Code, 

including by administrative wage garnishment of the 

wages of the individual described in subparagraph (A) 

from the position described in subparagraph (A)(iii). The 

Secretary of the Treasury shall transfer the collected 

amount to the account described in subsection (a). 

(5) NOTIFICATION TO OFFICE OF PERSONNEL MANAGEMENT

AND SECRETARY OF THE TREASURY.— 

(A) INDIVIDUAL SUBJECT TO ANNUITY OR SOCIAL SECURITY

WITHHOLDING.—Subparagraph (B) shall apply to an individual subject to a reimbursement requirement of this subsection if, at any time after the expiration of the 270-day 

period described in paragraph (4)(A), the individual— 

(i) has not served in a position as a Member of the 

House of Representatives or a Senator during the preceding 90 days; and 

(ii) is not employed in a subsequent non-Federal position. 

(B) ANNUITY OR SOCIAL SECURITY WITHHOLDING.—If, at 

any time after the 270-day period described in paragraph 

(4)(A), the individual described in subparagraph (A) has 

not reimbursed the account described in subsection (a) for 

the entire reimbursable portion of the award or settlement 

described in paragraph (1) (as determined by the Secretary 

of the Treasury), through withholdings, transfers, or collections under paragraphs (2) through (4), the Secretary of 

the Treasury (after consultation with the payroll administrator)— 


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(i) shall notify the Director of the Office of Personnel 

Management, who shall take such actions as the Director considers appropriate to withhold from any annuity payable to the individual under chapter 83 or 

chapter 84 of title 5, United States Code, and transfer 

to the account described in subsection (a), such 

amounts as may be necessary to reimburse the account for the remainder of the reimbursable portion of 

an award or settlement described in paragraph (1); 

and 

(ii) shall (if necessary), notwithstanding section 207 

of the Social Security Act (42 U.S.C. 407), take such 

actions as the Secretary of the Treasury considers appropriate to withhold from any payment to the individual under title II of the Social Security Act (42 

U.S.C. 401 et seq.) and transfer to the account described in subsection (a), such amounts as may be necessary to reimburse the account for the remainder of 

the reimbursable portion of an award or settlement 

described in paragraph (1). 

(6) COORDINATION BETWEEN OPM AND TREASURY.—The Director of the Office of Personnel Management and the Secretary 

of the Treasury shall carry out paragraph (5) in a manner that 

ensures the coordination of the withholding and transferring of 

amounts under such paragraph, in accordance with regulations 

promulgated by the Director and the Secretary. 

(7) CERTIFICATION.—Once the Executive Director determines 

that an individual who is subject to a reimbursement requirement of this subsection has reimbursed the account described 

in subsection (a) for the entire reimbursable portion, the Executive Director shall prepare a certification that the individual 

has completed that reimbursement, and submit the certification to— 

(A) the Committees on House Administration and Ethics 

of the House of Representatives, in the case of an individual who, at the time of committing the act involved, 

was a Member of the House of Representatives (including 

a Delegate or Resident Commissioner to the Congress); 

and 

(B) the Select Committee on Ethics of the Senate, in the 

case of an individual who, at the time of committing the 

act involved, was a Senator. 

(8) RIGHT TO INTERVENE.—An individual who is subject to a 

reimbursement requirement of this subsection shall have the 

unconditional right to intervene in any mediation, hearing, or 

civil action under this title to protect the interests of the individual in the determination of whether an award or settlement 

described in paragraph (1) should be made, and the amount of 

any such award or settlement, except that nothing in this 

paragraph may be construed to require the covered employee 

who filed the claim to be deposed by counsel for the individual 

in a deposition that is separate from any other deposition 

taken from the employee in connection with the hearing or 

civil action. 

(9) DEFINITIONS.—In this subsection: 


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(A) NON-FEDERAL POSITION.—The term ‘‘non-Federal position’’ means a position other than the position of an employee, as defined in section 2105(a) of title 5, United 

States Code. 

(B) PAYROLL ADMINISTRATOR.—The term ‘‘payroll administrator’’ means— 

(i) in the case of an individual who is a Member of 

the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer 

who is designated by the Chief Administrative Officer 

to carry out this subsection; or 

(ii) in the case of an individual who is a Senator, the 

Secretary of the Senate, or an employee of the Office 

of the Secretary of the Senate who is designated by 

the Secretary to carry out this subsection. 

(e) REIMBURSEMENT BY EMPLOYING OFFICES.— (1) NOTIFICATION OF PAYMENTS MADE FROM ACCOUNT.—As 

soon as practicable after the Executive Director is made aware 

that a payment of an award or settlement under this Act has 

been made from the account described in subsection (a) in connection with a claim alleging a violation of section 201(a) or 

206(a) by an employing office (other than an employing office 

of the House of Representatives or an employing office of the 

Senate), the Executive Director shall notify the head of the employing office that the payment has been made, and shall include in the notification a statement of the amount of the payment. 

(2) REIMBURSEMENT BY OFFICE.—Not later than 180 days 

after receiving a notification from the Executive Director under 

paragraph (1), the head of the employing office involved shall 

transfer to the account described in subsection (a), out of any 

funds available for operating expenses of the office, a payment 

equal to the amount specified in the notification. 

(3) TIMETABLE AND PROCEDURES FOR REIMBURSEMENT.—The 

head of an employing office shall transfer a payment under 

paragraph (2) in accordance with such timetable and procedures as may be established under regulations promulgated by 

the Office. 

* * * * * * * 


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DISSENTING VIEWS 

PART I: PROCEDURAL VIEWS

The Majority highlights in their report the record low number of 

Americans who don’t believe ‘‘they can trust the government in 

Washington to do what is right.’’ H.R. 1 is the very embodiment of 

why Americans feel this way. This bill was crafted behind closed 

doors, without input from state and local election officials, without 

respect to procedural due process, without respect to cost, and certainly without respect to the American voter—who will absolutely 

suffer if this legislation were ever to be enacted. 

H.R. 1 started as a 571-page bill upending nearly every sector of 

election administration, election security, campaign finance, and 

election enforcement. The minority has significant constitutional 

concerns generally with H.R. 1. The bill was introduced on January 

3rd, 2019 in a press conference. It was reported out of the Committee on House Administration on February 26th, 2019, just 56 

days after introduction. The Committee on House Administration 

held just one hearing. Each member of the Committee was allotted 

only 15 minutes to question witnesses on the massive and harmful 

implications of H.R. 1. Committee Republicans have asked for numerous hearings on issues covered in H.R. 1, but none have been 

granted. 

At markup, numerous Titles, Subtitles, and Sections were reserved as outside the Committee’s jurisdiction—meaning these sections were not allowed to be marked up in Committee. Despite 

statements to the contrary by the Chairperson of the Committee, 

not one other Committee with jurisdiction over H.R. 1 will have an 

opportunity to markup the legislation. 

Chairperson Zoe Lofgren (D–CA) said, ‘‘it is going through several committees as we know, and amendments will be made in all 

of them.’’ 

Committees with jurisdiction over H.R. 1 who are being denied 

their procedural rights as well as the right to make meaningful 

contributions in their area of expertise: Committees on Intelligence 

(Permanent Select), Judiciary, Oversight and Reform, Science, 

Space, and Technology, Education and Labor, Ways and Means, Financial Services, Ethics, and Homeland Security. 

At markup, Republican Members of the Committee offered 28 

amendments to H.R. 1 as laid before the Committee. Every one of 

them was rejected along partisan lines. Further, not a single substantive amendment was offered by the Committee Majority. Additionally, most members did not defend the bill against the Republican amendments. 

Further complicating and demeaning the process, these reserved 

sections have been added back into the Rules Committee Print, 

with an additional 51-pages of text. 


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H.R. 1, ‘‘was created without input from any Republican Members of Congress and without the consultation of officials or election 

administrators. In fact, there isn’t a single Republican cosponsor.’’ 

‘‘The greatest threat to our nation’s election system is partisanship.’’ Ranking Member Rodney Davis (R–IL). 

PART II: SUBSTANTIVE VIEWS

The goal of Republicans on the Committee on House Administration is to count and protect the vote of every American, despite accusations to the contrary. 

ELECTION ACCESS—VOTER REGISTRATION

Much of H.R. 1 focuses on federalizing the voter registration 

process. This bill attempts to impose a Washington, D.C., ‘‘one size 

fits all’’ standard, on every state and locality in this country. This 

federalization would apply to online voter registration, automatic 

voter registration and same day voter registration—yet states are 

already adopting these practices, and they are doing it in a way 

that best suits their state’s geographic concerns, resources, and 

laws. To upend this work for the sake of a partisan political advantage serves no one. This will not help us step forward as is proposed by the Majority, but instead erase the hard work of states 

all across this country. 

The Majority is also attempting to erase settled law and voter 

list maintenance practices, which are required by law and help protect the integrity of every vote. The National Voter Registration Act 

(NVRA) requires states to ‘‘conduct a general program that makes 

a reasonable effort to remove the names’’ of voters who are ineligible ‘‘by reason of’’ death or change in residence. As cited in 

Husted v. A. Philip Randolph Institute, approximately 24 million 

voter registrations (1 in 8) in the U.S. are either invalid or inaccurate and about 2.75 million people are registered to vote in more 

than one state. Voter list maintenance is critical to keeping election 

costs down and lines at the polls short. The Supreme Court’s decision last year in Husted held the process as legal and in fact, appropriate. This provision in H.R. 1 would make it nearly impossible 

for states to comply with the NVRA. 

At markup, Committee Republicans introduced an amendment to 

prohibit the practice of ballot harvesting. As seen in the North 

Carolina 9th Congressional District, the practice of ballot harvesting represents the single greatest threat to election access and 

vote integrity today. However, what was illegal in North Carolina 

is standard practice in several states. With the opportunity to protect minorities, disabled people, elderly people, as well as other vulnerable communities the Committee Majority rejected the amendment along party lines. 

ELECTION SECURITY

The Republicans of the Committee on House Administration believe the integrity of our nation’s elections and election infrastructure is of the utmost importance. This should not be a partisan 

issue. However, the Democrat Majority has insisted on making it 

one, putting our nation at risk. At markup, Committee Republicans 


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offered a striking amendment to Section 3001 of Title III to replace 

the section en bloc with the Secure Elections Act (S. 2261) introduced in the 115th Congress. This bipartisan bill that was drafted 

after thousands of hours of review, testimony, and study, would 

have provided an excellent starting point for securing our elections. 

However, this amendment was rejected along partisan lines. Committee Democrats are more concerned with scoring political points 

than they are about securing our elections. 

CAMPAIGN FINANCE

H.R. 1 proposes numerous changes to existing campaign finance 

law, yet the Committee only heard from a single witness on these 

reforms—the Minority’s witness. While the Majority proposes a litany of changes to campaign finance law, they are largely meaningless, aimed only at scoring political points. The most concerning aspect of these proposed regulations is the impact it would have on 

speech. 

‘‘Despite the ‘For the People’ title of H.R. 1, the bill would, in 

fact, greatly harm the ability of the people to freely speak, publish, 

and organize into groups to advocate for better government. More 

appropriately labeled the ‘For the Politicians Act,’ H.R. 1 would 

make radical changes to the long-held ability of Americans to speak 

and associate with other Americans on the issues about which they 

are passionate.’’ David Keating, President, Institute for Free 

Speech. 

The Majorities’ proposed goal in H.R. 1 is to remove money from 

the political system, yet in the same breath, H.R. 1 would establish 

a taxpayer funded small dollar matching program. This program 

seeks to give $6 tax payer dollars to Congressional candidates for 

every $1 dollar they raise, up to $200. Not only is this introducing 

more money into the political system, but it is introducing tax 

payer dollars into it. It makes sense why the Democratic Majority 

is so against the Republican Tax Cut—that money is needed to 

fund their campaigns. 

FEDERAL ELECTION COMMISSION REFORM

Reforms offered by H.R. 1 to the Federal Election Commission 

pose perhaps the greatest threat to our political discourse. Committee Democrats have attempted to label the Commission as dysfunctional and beyond repair in its current state. What is missing 

from this short-sighted analysis is the historical context surrounding the Commission and what the real outcome of the provisions contained in H.R. 1 would mean. 


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What has been labeled as partisan gridlock at the Commission 

is actually the Commission functioning as it was contemplated 

when the Commission was created. The Commission moves slowly 

because when wrong, it serves to undermine our freedom of 

speech—in particular, political speech. It is a frightening idea that 

the Commission would be better served as a partisan Commission 

headed by a speech czar, granted nearly unilateral authority under 

H.R. 1. 

RODNEY DAVIS

(Ranking Member). 

MARK WALKER. BARRY LOUDERMILK. 

Æ 


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