II 

117TH CONGRESS 

1ST SESSION H. R. 1 

IN THE SENATE OF THE UNITED STATES 

MARCH 11, 2021 

Received 

AN ACT 

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

influence of big money in politics, strengthen ethics rules 

for public servants, and implement other anti-corruption 

measures for the purpose of fortifying our democracy, 

and for other purposes. 


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

3 SECTION 1. SHORT TITLE. 

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

5 of 2021’’. 

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

7 CONTENTS. 

8 (a) DIVISIONS.—This Act is organized into divisions 

9 as follows: 

10 (1) Division A—Voting. 

11 (2) Division B—Campaign Finance. 

12 (3) Division C—Ethics. 

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

14 this Act is as follows: 

Sec. 1. Short title. 

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

Sec. 3. Findings of general constitutional authority. 

Sec. 4. Standards for judicial review. 

DIVISION A—VOTING 

TITLE I—ELECTION ACCESS 

Sec. 1000. Short title; statement of policy. 

Subtitle A—Voter Registration Modernization 

Sec. 1000A. Short title. 

PART 1—PROMOTING INTERNET REGISTRATION

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

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

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

registered to vote. 

Sec. 1004. Clarification of requirement regarding necessary information to 

show eligibility to vote. 

Sec. 1005. Prohibiting State from requiring applicants to provide more than 

last 4 digits of Social Security number. 

Sec. 1006. Report on data collection. 


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Sec. 1007. Permitting voter registration application form to serve as application 

for absentee ballot. 

Sec. 1008. Effective date. 

PART 2—AUTOMATIC VOTER REGISTRATION

Sec. 1011. Short title; findings and purpose. 

Sec. 1012. Automatic registration of eligible individuals. 

Sec. 1013. Contributing agency assistance in registration. 

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

voters in existing records. 

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

Sec. 1016. Registration portability and correction. 

Sec. 1017. Payments and grants. 

Sec. 1018. Treatment of exempt States. 

Sec. 1019. Miscellaneous provisions. 

Sec. 1020. Definitions. 

Sec. 1021. Effective date. 

PART 3—SAME DAY VOTER REGISTRATION

Sec. 1031. Same day registration. 

PART 4—CONDITIONS ON REMOVAL ON BASIS OF INTERSTATE CROSSCHECKS

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

PART 5—OTHER INITIATIVES TO PROMOTE VOTER REGISTRATION

Sec. 1051. Annual reports on voter registration statistics. 

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

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

individuals to update voter registration. 

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

in election activities. 

Sec. 1055. Permission to place exhibits. 

Sec. 1056. Requiring States to establish and operate voter privacy programs. 

Sec. 1057. Inclusion of voter registration information with certain leases and 

vouchers for federally assisted rental housing and mortgage applications. 

PART 6—AVAILABILITY OF HAVA REQUIREMENTS PAYMENTS

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

of compliance with new requirements. 

PART 7—PROHIBITING INTERFERENCE WITH VOTER REGISTRATION

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

Sec. 1072. Establishment of best practices. 

PART 8—VOTER REGISTRATION EFFICIENCY ACT

Sec. 1081. Short title. 


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

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

PART 9—PROVIDING VOTER REGISTRATION INFORMATION TO SECONDARY

SCHOOL STUDENTS

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

Sec. 1092. Reports. 

Sec. 1093. Authorization of appropriations. 

PART 10—VOTER REGISTRATION OF MINORS

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

18 years of age. 

Subtitle B—Access to Voting for Individuals With Disabilities 

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

voting for individuals with disabilities. 

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

access for individuals with disabilities. 

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

to vote privately and independently at residences. 

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

Subtitle C—Prohibiting Voter Caging 

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

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

caging. 

Subtitle D—Prohibiting Deceptive Practices and Preventing Voter 

Intimidation 

Sec. 1301. Short title. 

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

Sec. 1303. Corrective action. 

Sec. 1304. Reports to Congress. 

Subtitle E—Democracy Restoration 

Sec. 1401. Short title. 

Sec. 1402. Findings. 

Sec. 1403. Rights of citizens. 

Sec. 1404. Enforcement. 

Sec. 1405. Notification of restoration of voting rights. 

Sec. 1406. Definitions. 

Sec. 1407. Relation to other laws. 

Sec. 1408. Federal prison funds. 

Sec. 1409. Effective date. 

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

Sec. 1501. Short title. 


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Sec. 1502. Paper ballot and manual counting requirements. 

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

Sec. 1504. Durability and readability requirements for ballots. 

Sec. 1505. Study and report on optimal ballot design. 

Sec. 1506. Paper ballot printing requirements. 

Sec. 1507. Effective date for new requirements. 

Subtitle G—Provisional Ballots 

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

Subtitle H—Early Voting 

Sec. 1611. Early voting. 

Subtitle I—Voting by Mail 

Sec. 1621. Voting by mail. 

Sec. 1622. Absentee ballot tracking program. 

Sec. 1623. Voting materials postage. 

Sec. 1624. Study and report on vote-by-mail procedures. 

Subtitle J—Absent Uniformed Services Voters and Overseas Voters 

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

Sec. 1702. Enforcement. 

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

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

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

members of absent military personnel. 

Sec. 1706. Requiring transmission of blank absentee ballots under UOCAVA to 

certain voters. 

Sec. 1707. Department of Justice report on voter disenfranchisement. 

Sec. 1708. Effective date. 

Subtitle K—Poll Worker Recruitment and Training 

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

Sec. 1802. State defined. 

Subtitle L—Enhancement of Enforcement 

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

Subtitle M—Federal Election Integrity 

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

Subtitle N—Promoting Voter Access Through Election Administration 

Improvements 

PART 1—PROMOTING VOTER ACCESS

Sec. 1901. Treatment of institutions of higher education. 

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

place changes. 


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

Sec. 1904. Accommodations for voters residing in Indian lands. 

Sec. 1905. Voter information response systems and hotline. 

Sec. 1906. Ensuring equitable and efficient operation of polling places. 

Sec. 1907. Requiring States to provide secured drop boxes for voted absentee 

ballots in elections for Federal office. 

Sec. 1908. Prohibiting States from restricting curbside voting. 

Sec. 1909. Election Day as legal public holiday. 

Sec. 1910. GAO study on voter turnout rates. 

Sec. 1910A. Study on ranked-choice voting. 

PART 2—DISASTER AND EMERGENCY CONTINGENCY PLANS

Sec. 1911. Requirements for Federal election contingency plans in response to 

natural disasters and emergencies. 

PART 3—IMPROVEMENTS IN OPERATION OF ELECTION ASSISTANCE

COMMISSION

Sec. 1921. Reauthorization of Election Assistance Commission. 

Sec. 1922. Requiring States to participate in post-general election surveys. 

Sec. 1923. Reports by National Institute of Standards and Technology on use 

of funds transferred from Election Assistance Commission. 

Sec. 1924. Recommendations to improve operations of Election Assistance 

Commission. 

Sec. 1925. Repeal of exemption of Election Assistance Commission from certain 

government contracting requirements. 

PART 4—MISCELLANEOUS PROVISIONS

Sec. 1931. Application of Federal election administration laws to territories of 

the United States. 

Sec. 1932. Definition of election for Federal office. 

Sec. 1933. Authorizing payments to voting accessibility protection and advocacy 

systems serving the American Indian Consortium. 

Sec. 1934. Application of Federal voter protection laws to territories of the 

United States. 

Sec. 1935. Placement of statues of citizens of territories of the United States 

in Statuary Hall. 

Sec. 1936. No effect on other laws. 

Sec. 1937. Clarification of Exemption for States Without Voter Registration. 

PART 5—VOTER NOTICE

Sec. 1941. Short title. 

Sec. 1942. Public education campaigns in event of changes in elections in response to emergencies. 

Sec. 1943. Requirements for websites of election officials. 

Sec. 1944. Payments by Election Assistance Commission to States for costs of 

compliance. 

Subtitle O—Severability 

Sec. 1951. Severability. 

TITLE II—ELECTION INTEGRITY 


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Subtitle A—Findings Reaffirming Commitment of Congress to Restore the 

Voting Rights Act 

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

Rights Act. 

Subtitle B—Findings Relating to Native American Voting Rights 

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

Subtitle C—Findings Relating to District of Columbia Statehood 

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

Subtitle D—Territorial Voting Rights 

Sec. 2301. Findings relating to territorial voting rights. 

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

Residents of Territories of the United States. 

Subtitle E—Redistricting Reform 

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

PART 1—REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING

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

of independent State commission. 

Sec. 2402. Ban on mid-decade redistricting. 

Sec. 2403. Criteria for redistricting. 

PART 2—INDEPENDENT REDISTRICTING COMMISSIONS

Sec. 2411. Independent redistricting commission. 

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

members of commission. 

Sec. 2413. Public notice and input. 

Sec. 2414. Establishment of related entities. 

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

commissions. 

PART 3—ROLE OF COURTS IN DEVELOPMENT OF REDISTRICTING PLANS

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

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

court. 

PART 4—ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

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

Sec. 2432. Civil enforcement. 

Sec. 2433. State apportionment notice defined. 

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

Sec. 2435. Effective date. 

PART 5—REQUIREMENTS FOR REDISTRICTING CARRIED OUT PURSUANT TO

2020 CENSUS

SUBPART A—APPLICATION OF CERTAIN REQUIREMENTS FOR REDISTRICTING

CARRIED OUT PURSUANT TO 2020 CENSUS


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Sec. 2441. Application of certain requirements for redistricting carried out pursuant to 2020 Census. 

Sec. 2442. Triggering events. 

SUBPART B—INDEPENDENT REDISTRICTING COMMISSIONS FOR REDISTRICTING

CARRIED OUT PURSUANT TO 2020 CENSUS

Sec. 2451. Use of independent redistricting commissions for redistricting carried out pursuant to 2020 Census. 

Sec. 2452. Establishment of selection pool of individuals eligible to serve as 

members of commission. 

Sec. 2453. Criteria for redistricting plan; public notice and input. 

Sec. 2454. Establishment of related entities. 

Sec. 2455. Report on diversity of memberships of independent redistricting 

commissions. 

Subtitle F—Saving Eligible Voters From Voter Purging 

Sec. 2501. Short title. 

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

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

Opportunities for Voting 

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

voting. 

Subtitle H—Residence of Incarcerated Individuals 

Sec. 2701. Residence of incarcerated individuals. 

Subtitle I—Findings Relating to Youth Voting 

Sec. 2801. Findings relating to youth voting. 

Subtitle J—Severability 

Sec. 2901. Severability. 

TITLE III—ELECTION SECURITY 

Sec. 3000. Short title; sense of Congress. 

Subtitle A—Financial Support for Election Infrastructure 

PART 1—VOTING SYSTEM SECURITY IMPROVEMENT GRANTS

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

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

under Help America Vote Act of 2002. 

Sec. 3003. Incorporation of definitions. 

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

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

elections. 

Sec. 3012. GAO analysis of effects of audits. 


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PART 3—ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM

Sec. 3021. Election infrastructure innovation grant program. 

Subtitle B—Security Measures 

Sec. 3101. Election infrastructure designation. 

Sec. 3102. Timely threat information. 

Sec. 3103. Security clearance assistance for election officials. 

Sec. 3104. Security risk and vulnerability assessments. 

Sec. 3105. Annual reports. 

Sec. 3106. Pre-election threat assessments. 

Subtitle C—Enhancing Protections for United States Democratic Institutions 

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

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

Subtitle D—Promoting Cybersecurity Through Improvements in Election 

Administration 

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

cybersecurity guidelines and other guidelines. 

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

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

Sec. 3304. Streamlining collection of election information. 

Sec. 3305. Exemption of cybersecurity assistance from limitations on amount of 

coordinated political party expenditures. 

Subtitle E—Preventing Election Hacking 

Sec. 3401. Short title. 

Sec. 3402. Election Security Bug Bounty Program. 

Subtitle F—Election Security Grants Advisory Committee 

Sec. 3501. Establishment of advisory committee. 

Subtitle G—Miscellaneous Provisions 

Sec. 3601. Definitions. 

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

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

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

Subtitle I—Study and Report on Bots 

Sec. 3801. Short title. 

Sec. 3802. Task Force. 

Sec. 3803. Study and Report. 

Subtitle J—Severability 

Sec. 3901. Severability. 

DIVISION B—CAMPAIGN FINANCE 


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TITLE IV—CAMPAIGN FINANCE TRANSPARENCY 

Subtitle A—Establishing Duty To Report Foreign Election Interference 

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

Sec. 4002. Federal campaign reporting of foreign contacts. 

Sec. 4003. Federal campaign foreign contact reporting compliance system. 

Sec. 4004. Criminal penalties. 

Sec. 4005. Report to congressional intelligence committees. 

Sec. 4006. Rule of construction. 

Subtitle B—DISCLOSE Act 

Sec. 4100. Short title. 

PART 1—CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN

NATIONALS IN ELECTIONS

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

election-related activities. 

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

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

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

connections with ballot initiatives and referenda. 

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

Sec. 4106. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals. 

PART 2—REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS

Sec. 4111. Reporting of campaign-related disbursements. 

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

Sec. 4113. Effective date. 

PART 3—OTHER ADMINISTRATIVE REFORMS

Sec. 4121. Petition for certiorari. 

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

PART 4—DISCLOSURE OF CONTRIBUTIONS TO POLITICAL COMMITTEES

IMMEDIATELY PRIOR TO ELECTION

Sec. 4131. Disclosure of contributions to political committees immediately prior 

to election. 

Subtitle C—Strengthening Oversight of Online Political Advertising 

Sec. 4201. Short title. 

Sec. 4202. Purpose. 

Sec. 4203. Findings. 

Sec. 4204. Sense of Congress. 

Sec. 4205. Expansion of definition of public communication. 

Sec. 4206. Expansion of definition of electioneering communication. 

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

Sec. 4208. Political record requirements for online platforms. 


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

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

Sec. 4210. Independent study on media literacy and online political content 

consumption. 

Sec. 4211. Requiring online platforms to display notices identifying sponsors of 

political advertisements and to ensure notices continue to be 

present when advertisements are shared. 

Subtitle D—Stand By Every Ad 

Sec. 4301. Short title. 

Sec. 4302. Stand by every ad. 

Sec. 4303. Disclaimer requirements for communications made through 

prerecorded telephone calls. 

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

Sec. 4305. Effective date. 

Subtitle E—Deterring Foreign Interference in Elections 

PART 1—DETERRENCE UNDER FEDERAL ELECTION CAMPAIGN ACT OF 1971 

Sec. 4401. Restrictions on exchange of campaign information between candidates and foreign powers. 

Sec. 4402. Clarification of standard for determining existence of coordination 

between campaigns and outside interests. 

Sec. 4403. Prohibition on provision of substantial assistance relating to contribution or donation by foreign nationals. 

Sec. 4404. Clarification of application of foreign money ban. 

PART 2—NOTIFYING STATES OF DISINFORMATION CAMPAIGNS BY FOREIGN

NATIONALS

Sec. 4411. Notifying States of disinformation campaigns by foreign nationals. 

PART 3—PROHIBITING USE OF DEEPFAKES IN ELECTION CAMPAIGNS

Sec. 4421. Prohibition on distribution of materially deceptive audio or visual 

media prior to election. 

PART 4—ASSESSMENT OF EXEMPTION OF REGISTRATION REQUIREMENTS

UNDER FARA FOR REGISTERED LOBBYISTS

Sec. 4431. Assessment of exemption of registration requirements under FARA 

for registered lobbyists. 

Subtitle F—Secret Money Transparency 

Sec. 4501. Repeal of restriction of use of funds by Internal Revenue Service to 

bring transparency to political activity of certain nonprofit organizations. 

Sec. 4502. Repeal of regulations. 

Subtitle G—Shareholder Right-to-Know 

Sec. 4601. Repeal of restriction on use of funds by Securities and Exchange 

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


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Sec. 4602. Assessment of shareholder preferences for disbursements for political purposes. 

Sec. 4603. Governance and operations of corporate PACs. 

Subtitle H—Disclosure of Political Spending by Government Contractors 

Sec. 4701. Repeal of restriction on use of funds to require disclosure of political 

spending by government contractors. 

Subtitle I—Limitation and Disclosure Requirements for Presidential 

Inaugural Committees 

Sec. 4801. Short title. 

Sec. 4802. Limitations and disclosure of certain donations to, and disbursements by, Inaugural Committees. 

Subtitle J—Miscellaneous Provisions 

Sec. 4901. Effective dates of provisions. 

Sec. 4902. Severability. 

TITLE V—CAMPAIGN FINANCE EMPOWERMENT 

Subtitle A—Findings Relating to Citizens United Decision 

Sec. 5001. Findings relating to Citizens United decision. 

Subtitle B—Congressional Elections 

Sec. 5100. Short title. 

PART 1—MY VOICE VOUCHER PILOT PROGRAM

Sec. 5101. Establishment of pilot program. 

Sec. 5102. Voucher program described. 

Sec. 5103. Reports. 

Sec. 5104. Definitions. 

PART 2—SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION

CAMPAIGNS

Sec. 5111. Benefits and eligibility requirements for candidates. 

‘‘TITLE V—SMALL DOLLAR FINANCING OF CONGRESSIONAL 

ELECTION CAMPAIGNS 

‘‘Subtitle A—Benefits 

‘‘Sec. 501. Benefits for participating candidates. 

‘‘Sec. 502. Procedures for making payments. 

‘‘Sec. 503. Use of funds. 

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

‘‘Subtitle B—Eligibility and Certification 

‘‘Sec. 511. Eligibility. 

‘‘Sec. 512. Qualifying requirements. 

‘‘Sec. 513. Certification. 


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‘‘Subtitle C—Requirements for Candidates Certified as Participating 

Candidates 

‘‘Sec. 521. Contribution and expenditure requirements. 

‘‘Sec. 522. Administration of campaign. 

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

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

‘‘Subtitle D—Enhanced Match Support 

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

‘‘Sec. 532. Eligibility. 

‘‘Sec. 533. Amount. 

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

election. 

‘‘Subtitle E—Administrative Provisions 

‘‘Sec. 541. Freedom From Influence Fund. 

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

‘‘Sec. 543. Administration by Commission. 

‘‘Sec. 544. Violations and penalties. 

‘‘Sec. 545. Appeals process. 

‘‘Sec. 546. Indexing of amounts. 

‘‘Sec. 547. Election cycle defined. 

Sec. 5112. Contributions and expenditures by multicandidate and political 

party committees on behalf of participating candidates. 

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

Sec. 5114. Assessments against fines and penalties. 

Sec. 5115. Study and report on small dollar financing program. 

Sec. 5116. Effective date. 

Subtitle C—Presidential Elections 

Sec. 5200. Short title. 

PART 1—PRIMARY ELECTIONS

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

Sec. 5202. Eligibility requirements for matching payments. 

Sec. 5203. Repeal of expenditure limitations. 

Sec. 5204. Period of availability of matching payments. 

Sec. 5205. Examination and audits of matchable contributions. 

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

candidates. 

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

PART 2—GENERAL ELECTIONS

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

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

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

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

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

Sec. 5216. Amounts in Presidential Election Campaign Fund. 


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

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

PART 3—EFFECTIVE DATE

Sec. 5221. Effective date. 

Subtitle D—Personal Use Services as Authorized Campaign Expenditures 

Sec. 5301. Short title; findings; purpose. 

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

Subtitle E—Empowering Small Dollar Donations 

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

for candidates through use of separate small dollar accounts. 

Subtitle F—Severability 

Sec. 5501. Severability. 

TITLE VI—CAMPAIGN FINANCE OVERSIGHT 

Subtitle A—Restoring Integrity to America’s Elections 

Sec. 6001. Short title. 

Sec. 6002. Membership of Federal Election Commission. 

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

Sec. 6004. Revision to enforcement process. 

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

by persons opposing the requests. 

Sec. 6006. Permanent extension of administrative penalty authority. 

Sec. 6007. Restrictions on ex parte communications. 

Sec. 6008. Clarifying authority of FEC attorneys to represent FEC in Supreme 

Court. 

Sec. 6009. Requiring forms to permit use of accent marks. 

Sec. 6010. Extension of statute of limitations for offenses under Federal Election Campaign Act of 1971. 

Sec. 6011. Effective date; transition. 

Subtitle B—Stopping Super PAC-Candidate Coordination 

Sec. 6101. Short title. 

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

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

Subtitle C—Disposal of Contributions or Donations 

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

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

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

Election 


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

Subtitle E—Severability 

Sec. 6401. Severability. 

DIVISION C—ETHICS 

TITLE VII—ETHICAL STANDARDS 

Subtitle A—Supreme Court Ethics 

Sec. 7001. Code of conduct for Federal judges. 

Subtitle B—Foreign Agents Registration 

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

Department of Justice. 

Sec. 7102. Authority to impose civil money penalties. 

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

Sec. 7104. Ensuring online access to registration statements. 

Sec. 7105. Disclaimer requirements for materials posted on online platforms by 

agents of foreign principals on behalf of clients. 

Sec. 7106. Clarification of treatment of individuals who engage with the United 

States in political activities for a foreign principal in any place 

as agents of foreign principals. 

Sec. 7107. Analysis and report on challenges to enforcement of Foreign Agents 

Registration Act of 1938. 

Subtitle C—Lobbying Disclosure Reform 

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

Sec. 7202. Prohibiting receipt of compensation for lobbying activities on behalf 

of foreign countries violating human rights. 

Sec. 7203. Requiring lobbyists to disclose status as lobbyists upon making any 

lobbying contacts. 

Subtitle D—Recusal of Presidential Appointees 

Sec. 7301. Recusal of appointees. 

Subtitle E—Clearinghouse on Lobbying Information 

Sec. 7401. Establishment of clearinghouse. 

Subtitle F—Severability 

Sec. 7501. Severability. 

TITLE VIII—ETHICS REFORMS FOR THE PRESIDENT, VICE 

PRESIDENT, AND FEDERAL OFFICERS AND EMPLOYEES 

Subtitle A—Executive Branch Conflict of Interest 

Sec. 8001. Short title. 

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

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


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

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

sector. 

Sec. 8006. Guidance on unpaid employees. 

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

owned by certain Government officers and employees. 

Subtitle B—Presidential Conflicts of Interest 

Sec. 8011. Short title. 

Sec. 8012. Divestiture of personal financial interests of the President and Vice 

President that pose a potential conflict of interest. 

Sec. 8013. Initial financial disclosure. 

Sec. 8014. Contracts by the President or Vice President. 

Sec. 8015. Legal defense funds. 

Subtitle C—White House Ethics Transparency 

Sec. 8021. Short title. 

Sec. 8022. Procedure for waivers and authorizations relating to ethics requirements. 

Subtitle D—Executive Branch Ethics Enforcement 

Sec. 8031. Short title. 

Sec. 8032. Reauthorization of the Office of Government Ethics. 

Sec. 8033. Tenure of the Director of the Office of Government Ethics. 

Sec. 8034. Duties of Director of the Office of Government Ethics. 

Sec. 8035. Agency ethics officials training and duties. 

Sec. 8036. Prohibition on use of funds for certain Federal employee travel in 

contravention of certain regulations. 

Sec. 8037. Reports on cost of Presidential travel. 

Sec. 8038. Reports on cost of senior Federal official travel. 

Subtitle E—Conflicts From Political Fundraising 

Sec. 8041. Short title. 

Sec. 8042. Disclosure of certain types of contributions. 

Subtitle F—Transition Team Ethics 

Sec. 8051. Short title. 

Sec. 8052. Presidential transition ethics programs. 

Subtitle G—Ethics Pledge For Senior Executive Branch Employees 

Sec. 8061. Short title. 

Sec. 8062. Ethics pledge requirement for senior executive branch employees. 

Subtitle H—Travel on Private Aircraft by Senior Political Appointees 

Sec. 8071. Short title. 

Sec. 8072. Prohibition on use of funds for travel on private aircraft. 

Subtitle I—Severability 

Sec. 8081. Severability. 


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TITLE IX—CONGRESSIONAL ETHICS REFORM 

Subtitle A—Requiring Members of Congress To Reimburse Treasury for 

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

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

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

acts by Members. 

Subtitle B—Conflicts of Interests 

Sec. 9101. Prohibiting Members of House of Representatives from serving on 

boards of for-profit entities. 

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

staff. 

Sec. 9103. Exercise of rulemaking powers. 

Subtitle C—Campaign Finance and Lobbying Disclosure 

Sec. 9201. Short title. 

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

Commission of persons who are registered lobbyists. 

Sec. 9203. Effective date. 

Subtitle D—Access to Congressionally Mandated Reports 

Sec. 9301. Short title. 

Sec. 9302. Definitions. 

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

Sec. 9304. Federal agency responsibilities. 

Sec. 9305. Removing and altering reports. 

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

Sec. 9307. Implementation. 

Subtitle E—Reports on Outside Compensation Earned by Congressional 

Employees 

Sec. 9401. Reports on outside compensation earned by congressional employees. 

Subtitle F—Severability 

Sec. 9501. Severability. 

TITLE X—PRESIDENTIAL AND VICE PRESIDENTIAL TAX 

TRANSPARENCY 

Sec. 10001. Presidential and Vice Presidential tax transparency. 

1 SEC. 3. FINDINGS OF GENERAL CONSTITUTIONAL AUTHOR2 ITY. 

3 Congress finds that the Constitution of the United 

4 States grants explicit and broad authority to protect the 


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1 right to vote, to regulate elections for Federal office, to 

2 prevent and remedy discrimination in voting, and to de3 fend the Nation’s democratic process. Congress enacts the 

4 ‘‘For the People Act of 2021’’ pursuant to this broad au5 thority, including but not limited to the following: 

6 (1) Congress finds that it has broad authority 

7 to regulate the time, place, and manner of congres8 sional elections under the Elections Clause of the 

9 Constitution, article I, section 4, clause 1. The Su10 preme Court has affirmed that the ‘‘substantive 

11 scope’’ of the Elections Clause is ‘‘broad’’; that 

12 ‘‘Times, Places, and Manner’’ are ‘‘comprehensive 

13 words which embrace authority to provide for a com14 plete code for congressional elections’’; and ‘‘[t]he 

15 power of Congress over the Times, Places and Man16 ner of congressional elections is paramount, and may 

17 be exercised at any time, and to any extent which 

18 it deems expedient; and so far as it is exercised, and 

19 no farther, the regulations effected supersede those 

20 of the State which are inconsistent therewith’’. Ari21 zona v. Inter Tribal Council of Arizona, 570 U.S. 1, 

22 8–9 (2013) (internal quotation marks and citations 

23 omitted). Indeed, ‘‘Congress has plenary and para24 mount jurisdiction over the whole subject’’ of con25 gressional elections, Ex parte Siebold, 100 U.S. (10 


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1 Otto) 371, 388 (1879), and this power ‘‘may be ex2 ercised as and when Congress sees fit’’, and ‘‘so far 

3 as it extends and conflicts with the regulations of 

4 the State, necessarily supersedes them’’. Id. At 384. 

5 Among other things, Congress finds that the Elec6 tions Clause was intended to ‘‘vindicate the people’s 

7 right to equality of representation in the House’’. 

8 Wesberry v. Sanders, 376 U.S. 1, 16 (1964), and to 

9 address partisan gerrymandering, Rucho v. Common 

10 Cause, 588 U.S. llll, 32–33 (2019). 

11 (2) Congress also finds that it has both the au12 thority and responsibility, as the legislative body for 

13 the United States, to fulfill the promise of article IV, 

14 section 4, of the Constitution, which states: ‘‘The 

15 United States shall guarantee to every State in this 

16 Union a Republican Form of Government[.]’’. Con17 gress finds that its authority and responsibility to 

18 enforce the Guarantee Clause is particularly strong 

19 given that Federal courts have not enforced this 

20 clause because they understood that its enforcement 

21 is committed to Congress by the Constitution. 

22 (3)(A) Congress also finds that it has broad au23 thority pursuant to section 5 of the Fourteenth 

24 Amendment to legislate to enforce the provisions of 


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1 the Fourteenth Amendment, including its protec2 tions of the right to vote and the democratic process. 

3 (B) Section 1 of the Fourteenth Amendment 

4 protects the fundamental right to vote, which is ‘‘of 

5 the most fundamental significance under our con6 stitutional structure’’. Ill. Bd. of Election v. Socialist 

7 Workers Party, 440 U.S. 173, 184 (1979); see 

8 United States v. Classic, 313 U.S. 299 (1941) (‘‘Ob9 viously included within the right to choose, secured 

10 by the Constitution, is the right of qualified voters 

11 within a state to cast their ballots and have them 

12 counted . . .’’). As the Supreme Court has repeatedly 

13 affirmed, the right to vote is ‘‘preservative of all 

14 rights’’, Yick Wo v. Hopkins, 118 U.S. 356, 370 

15 (1886). Section 2 of the Fourteenth Amendment 

16 also protects the right to vote, granting Congress 

17 additional authority to reduce a State’s representa18 tion in Congress when the right to vote is abridged 

19 or denied. 

20 (C) As a result, Congress finds that it has the 

21 authority pursuant to section 5 of the Fourteenth 

22 Amendment to protect the right to vote. Congress 

23 also finds that States and localities have eroded ac24 cess to the right to vote through restrictions on the 

25 right to vote including excessively onerous voter 


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1 identification requirements, burdensome voter reg2 istration procedures, voter purges, limited and un3 equal access to voting by mail, polling place closures, 

4 unequal distribution of election resources, and other 

5 impediments. 

6 (D) Congress also finds that ‘‘the right of suf7 frage can be denied by a debasement or dilution of 

8 the weight of a citizen’s vote just as effectively as by 

9 wholly prohibiting the free exercise of the franchise’’. 

10 Reynolds v. Sims, 377 U.S. 533, 555 (1964). Con11 gress finds that the right of suffrage has been so di12 luted and debased by means of gerrymandering of 

13 districts. Congress finds that it has authority pursu14 ant to section 5 of the Fourteenth Amendment to 

15 remedy this debasement. 

16 (4)(A) Congress also finds that it has authority 

17 to legislate to eliminate racial discrimination in vot18 ing and the democratic process pursuant to both sec19 tion 5 of the Fourteenth Amendment, which grants 

20 equal protection of the laws, and section 2 of the 

21 Fifteenth Amendment, which explicitly bars denial 

22 or abridgment of the right to vote on account of 

23 race, color, or previous condition of servitude. 

24 (B) Congress finds that racial discrimination in 

25 access to voting and the political process persists. 


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1 Voting restrictions, redistricting, and other electoral 

2 practices and processes continue to disproportion3 ately impact communities of color in the United 

4 States and do so as a result of both intentional ra5 cial discrimination, structural racism, and the ongo6 ing structural socioeconomic effects of historical ra7 cial discrimination. 

8 (C) Recent elections and studies have shown 

9 that minority communities wait longer in lines to 

10 vote, are more likely to have their mail ballots re11 jected, continue to face intimidation at the polls, are 

12 more likely to be disenfranchised by voter purges, 

13 and are disproportionately burdened by voter identi14 fication and other voter restrictions. Research shows 

15 that communities of color are more likely to face 

16 nearly every barrier to voting than their white coun17 terparts. 

18 (D) Congress finds that racial disparities in dis19 enfranchisement due to past felony convictions is 

20 particularly stark. In 2020, according to the Sen21 tencing Project, an estimated 5,200,000 Americans 

22 could not vote due to a felony conviction. One in 16 

23 African Americans of voting age is disenfranchised, 

24 a rate 3.7 times greater than that of non-African 

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1 tucky, Mississippi, Tennessee, Virginia, and Wyo2 ming–more than one in seven African Americans is 

3 disenfranchised, twice the national average for Afri4 can Americans. Congress finds that felony disenfran5 chisement was one of the tools of intentional racial 

6 discrimination during the Jim Crow era. Congress 

7 further finds that current racial disparities in felony 

8 disenfranchisement are linked to this history of voter 

9 suppression, structural racism in the criminal justice 

10 system, and ongoing effects of historical discrimina11 tion. 

12 (5)(A) Congress finds that it further has the 

13 power to protect the right to vote from denial or 

14 abridgment on account of sex, age, or ability to pay 

15 a poll tax or other tax pursuant to the Nineteenth, 

16 Twenty-Fourth, and Twenty-Sixth Amendments. 

17 (B) Congress finds that electoral practices in18 cluding voting rights restoration conditions for peo19 ple with convictions, voter identification require20 ments, and other restrictions to the franchise burden 

21 voters on account of their ability to pay. 

22 (C) Congress further finds that electoral prac23 tices including voting restrictions related to college 

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1 lar practices burden the right to vote on account of 

2 age. 

3 SEC. 4. STANDARDS FOR JUDICIAL REVIEW. 

4 (a) IN GENERAL.—For any action brought for declar5 atory or injunctive relief to challenge, whether facially or 

6 as-applied, the constitutionality or lawfulness of any provi7 sion of this Act or any amendment made by this Act or 

8 any rule or regulation promulgated under this Act, the fol9 lowing rules shall apply: 

10 (1) The action shall be filed in the United 

11 States District Court for the District of Columbia 

12 and an appeal from the decision of the district court 

13 may be taken to the Court of Appeals for the Dis14 trict of Columbia Circuit. These courts, and the Su15 preme Court of the United States on a writ of cer16 tiorari (if such a writ is issued), shall have exclusive 

17 jurisdiction to hear such actions. 

18 (2) The party filing the action shall concur19 rently deliver a copy the complaint to the Clerk of 

20 the House of Representatives and the Secretary of 

21 the Senate. 

22 (3) It shall be the duty of the United States 

23 District Court for the District of Columbia and the 

24 Court of Appeals for the District of Columbia Cir25 cuit to advance on the docket and to expedite to the 


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1 greatest possible extent the disposition of the action 

2 and appeal. 

3 (b) CLARIFYING SCOPE OF JURISDICTION.—If an ac4 tion at the time of its commencement is not subject to 

5 subsection (a), but an amendment, counterclaim, cross6 claim, affirmative defense, or any other pleading or motion 

7 is filed challenging, whether facially or as-applied, the con8 stitutionality or lawfulness of this Act or any amendment 

9 made by this Act or any rule or regulation promulgated 

10 under this Act, the district court shall transfer the action 

11 to the District Court for the District of Columbia, and 

12 the action shall thereafter be conducted pursuant to sub13 section (a). 

14 (c) INTERVENTION BY MEMBERS OF CONGRESS.—In 

15 any action described in subsection (a), any Member of the 

16 House of Representatives (including a Delegate or Resi17 dent Commissioner to the Congress) or Senate shall have 

18 the right to intervene either in support of or opposition 

19 to the position of a party to the case regarding the con20 stitutionality of the provision. To avoid duplication of ef21 forts and reduce the burdens placed on the parties to the 

22 action, the court in any such action may make such orders 

23 as it considers necessary, including orders to require 

24 interveners taking similar positions to file joint papers or 

25 to be represented by a single attorney at oral argument. 


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1 DIVISION A—VOTING 

2 TITLE I—ELECTION ACCESS 

Sec. 1000. Short title; statement of policy. 

Subtitle A—Voter Registration Modernization 

Sec. 1000A. Short title. 

PART 1—PROMOTING INTERNET REGISTRATION

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

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

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

registered to vote. 

Sec. 1004. Clarification of requirement regarding necessary information to 

show eligibility to vote. 

Sec. 1005. Prohibiting State from requiring applicants to provide more than 

last 4 digits of Social Security number. 

Sec. 1006. Report on data collection. 

Sec. 1007. Permitting voter registration application form to serve as application 

for absentee ballot. 

Sec. 1008. Effective date. 

PART 2—AUTOMATIC VOTER REGISTRATION

Sec. 1011. Short title; findings and purpose. 

Sec. 1012. Automatic registration of eligible individuals. 

Sec. 1013. Contributing agency assistance in registration. 

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

voters in existing records. 

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

Sec. 1016. Registration portability and correction. 

Sec. 1017. Payments and grants. 

Sec. 1018. Treatment of exempt States. 

Sec. 1019. Miscellaneous provisions. 

Sec. 1020. Definitions. 

Sec. 1021. Effective date. 

PART 3—SAME DAY VOTER REGISTRATION

Sec. 1031. Same day registration. 

PART 4—CONDITIONS ON REMOVAL ON BASIS OF INTERSTATE CROSSCHECKS

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

PART 5—OTHER INITIATIVES TO PROMOTE VOTER REGISTRATION

Sec. 1051. Annual reports on voter registration statistics. 

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

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

individuals to update voter registration. 


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

in election activities. 

Sec. 1055. Permission to place exhibits. 

Sec. 1056. Requiring States to establish and operate voter privacy programs. 

Sec. 1057. Inclusion of voter registration information with certain leases and 

vouchers for federally assisted rental housing and mortgage applications. 

PART 6—AVAILABILITY OF HAVA REQUIREMENTS PAYMENTS

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

of compliance with new requirements. 

PART 7—PROHIBITING INTERFERENCE WITH VOTER REGISTRATION

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

Sec. 1072. Establishment of best practices. 

PART 8—VOTER REGISTRATION EFFICIENCY ACT

Sec. 1081. Short title. 

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

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

PART 9—PROVIDING VOTER REGISTRATION INFORMATION TO SECONDARY

SCHOOL STUDENTS

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

Sec. 1092. Reports. 

Sec. 1093. Authorization of appropriations. 

PART 10—VOTER REGISTRATION OF MINORS

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

18 years of age. 

Subtitle B—Access to Voting for Individuals With Disabilities 

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

voting for individuals with disabilities. 

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

access for individuals with disabilities. 

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

to vote privately and independently at residences. 

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

Subtitle C—Prohibiting Voter Caging 

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

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

caging. 

Subtitle D—Prohibiting Deceptive Practices and Preventing Voter 

Intimidation 


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Sec. 1301. Short title. 

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

Sec. 1303. Corrective action. 

Sec. 1304. Reports to Congress. 

Subtitle E—Democracy Restoration 

Sec. 1401. Short title. 

Sec. 1402. Findings. 

Sec. 1403. Rights of citizens. 

Sec. 1404. Enforcement. 

Sec. 1405. Notification of restoration of voting rights. 

Sec. 1406. Definitions. 

Sec. 1407. Relation to other laws. 

Sec. 1408. Federal prison funds. 

Sec. 1409. Effective date. 

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

Sec. 1501. Short title. 

Sec. 1502. Paper ballot and manual counting requirements. 

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

Sec. 1504. Durability and readability requirements for ballots. 

Sec. 1505. Study and report on optimal ballot design. 

Sec. 1506. Paper ballot printing requirements. 

Sec. 1507. Effective date for new requirements. 

Subtitle G—Provisional Ballots 

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

Subtitle H—Early Voting 

Sec. 1611. Early voting. 

Subtitle I—Voting by Mail 

Sec. 1621. Voting by mail. 

Sec. 1622. Absentee ballot tracking program. 

Sec. 1623. Voting materials postage. 

Sec. 1624. Study and report on vote-by-mail procedures. 

Subtitle J—Absent Uniformed Services Voters and Overseas Voters 

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

Sec. 1702. Enforcement. 

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

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

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

members of absent military personnel. 

Sec. 1706. Requiring transmission of blank absentee ballots under UOCAVA to 

certain voters. 

Sec. 1707. Department of Justice report on voter disenfranchisement. 

Sec. 1708. Effective date. 


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Subtitle K—Poll Worker Recruitment and Training 

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

Sec. 1802. State defined. 

Subtitle L—Enhancement of Enforcement 

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

Subtitle M—Federal Election Integrity 

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

Subtitle N—Promoting Voter Access Through Election Administration 

Improvements 

PART 1—PROMOTING VOTER ACCESS

Sec. 1901. Treatment of institutions of higher education. 

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

place changes. 

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

Sec. 1904. Accommodations for voters residing in Indian lands. 

Sec. 1905. Voter information response systems and hotline. 

Sec. 1906. Ensuring equitable and efficient operation of polling places. 

Sec. 1907. Requiring States to provide secured drop boxes for voted absentee 

ballots in elections for Federal office. 

Sec. 1908. Prohibiting States from restricting curbside voting. 

Sec. 1909. Election Day as legal public holiday. 

Sec. 1910. GAO study on voter turnout rates. 

Sec. 1910A. Study on ranked-choice voting. 

PART 2—DISASTER AND EMERGENCY CONTINGENCY PLANS

Sec. 1911. Requirements for Federal election contingency plans in response to 

natural disasters and emergencies. 

PART 3—IMPROVEMENTS IN OPERATION OF ELECTION ASSISTANCE

COMMISSION

Sec. 1921. Reauthorization of Election Assistance Commission. 

Sec. 1922. Requiring States to participate in post-general election surveys. 

Sec. 1923. Reports by National Institute of Standards and Technology on use 

of funds transferred from Election Assistance Commission. 

Sec. 1924. Recommendations to improve operations of Election Assistance 

Commission. 

Sec. 1925. Repeal of exemption of Election Assistance Commission from certain 

government contracting requirements. 

PART 4—MISCELLANEOUS PROVISIONS

Sec. 1931. Application of Federal election administration laws to territories of 

the United States. 

Sec. 1932. Definition of election for Federal office. 

Sec. 1933. Authorizing payments to voting accessibility protection and advocacy 

systems serving the American Indian Consortium. 


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Sec. 1934. Application of Federal voter protection laws to territories of the 

United States. 

Sec. 1935. Placement of statues of citizens of territories of the United States 

in Statuary Hall. 

Sec. 1936. No effect on other laws. 

Sec. 1937. Clarification of Exemption for States Without Voter Registration. 

PART 5—VOTER NOTICE

Sec. 1941. Short title. 

Sec. 1942. Public education campaigns in event of changes in elections in response to emergencies. 

Sec. 1943. Requirements for websites of election officials. 

Sec. 1944. Payments by Election Assistance Commission to States for costs of 

compliance. 

Subtitle O—Severability 

Sec. 1951. Severability. 

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

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

3 ‘‘Voter Empowerment Act of 2021’’. 

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

5 United States that— 

6 (1) the ability of all eligible citizens of the 

7 United States to access and exercise their constitu8 tional right to vote in a free, fair, and timely manner 

9 must be vigilantly enhanced, protected, and main10 tained; and 

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

12 the voting process must be vigilantly protected, 

13 maintained, and enhanced in order to protect and 

14 preserve electoral and participatory democracy in the 

15 United States. 


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1 Subtitle A—Voter Registration 

2 Modernization 

3 SEC. 1000A. SHORT TITLE. 

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

5 Modernization Act of 2021’’. 

6 PART 1—PROMOTING INTERNET REGISTRATION 

7 SEC. 1001. REQUIRING AVAILABILITY OF INTERNET FOR 

8 VOTER REGISTRATION. 

9 (a) REQUIRING AVAILABILITY OF INTERNET FOR

10 REGISTRATION.—The National Voter Registration Act of 

11 1993 (52 U.S.C. 20501 et seq.) is amended by inserting 

12 after section 6 the following new section: 

13 ‘‘SEC. 6A. INTERNET REGISTRATION. 

14 ‘‘(a) REQUIRING AVAILABILITY OF INTERNET FOR

15 ONLINE REGISTRATION.—Each State, acting through the 

16 chief State election official, shall ensure that the following 

17 services are available to the public at any time on the offi18 cial public websites of the appropriate State and local elec19 tion officials in the State, in the same manner and subject 

20 to the same terms and conditions as the services provided 

21 by voter registration agencies under section 7(a): 

22 ‘‘(1) Online application for voter registration. 

23 ‘‘(2) Online assistance to applicants in applying 

24 to register to vote. 


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1 ‘‘(3) Online completion and submission by ap2 plicants of the mail voter registration application 

3 form prescribed by the Election Assistance Commis4 sion pursuant to section 9(a)(2), including assist5 ance with providing a signature as required under 

6 subsection (c)). 

7 ‘‘(4) Online receipt of completed voter registra8 tion applications. 

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

10 A State shall accept an online voter registration applica11 tion provided by an individual under this section, and en12 sure that the individual is registered to vote in the State, 

13 if— 

14 ‘‘(1) the individual meets the same voter reg15 istration requirements applicable to individuals who 

16 register to vote by mail in accordance with section 

17 6(a)(1) using the mail voter registration application 

18 form prescribed by the Election Assistance Commis19 sion pursuant to section 9(a)(2); and 

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

21 subsection (c) to provide a signature in electronic 

22 form (but only in the case of applications submitted 

23 during or after the second year in which this section 

24 is in effect in the State). 

25 ‘‘(c) SIGNATURE REQUIREMENTS.— 


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1 ‘‘(1) IN GENERAL.—For purposes of this sec2 tion, an individual meets the requirements of this 

3 subsection as follows: 

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

5 a signature on file with a State agency, includ6 ing the State motor vehicle authority, that is 

7 required to provide voter registration services 

8 under this Act or any other law, the individual 

9 consents to the transfer of that electronic signa10 ture. 

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

12 the individual submits with the application an 

13 electronic copy of the individual’s handwritten 

14 signature through electronic means. 

15 ‘‘(C) If subparagraph (A) and subpara16 graph (B) do not apply, the individual executes 

17 a computerized mark in the signature field on 

18 an online voter registration application, in ac19 cordance with reasonable security measures es20 tablished by the State, but only if the State ac21 cepts such mark from the individual. 

22 ‘‘(2) TREATMENT OF INDIVIDUALS UNABLE TO

23 MEET REQUIREMENT.—If an individual is unable to 

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

25 shall— 


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

2 other elements of the online voter registration 

3 application; 

4 ‘‘(B) permit the individual to provide a sig5 nature at the time the individual requests a bal6 lot in an election (whether the individual re7 quests the ballot at a polling place or requests 

8 the ballot by mail); and 

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

10 described in subparagraph (A) and subpara11 graph (B), ensure that the individual is reg12 istered to vote in the State. 

13 ‘‘(3) NOTICE.—The State shall ensure that in14 dividuals applying to register to vote online are noti15 fied of the requirements of paragraph (1) and of the 

16 treatment of individuals unable to meet such re17 quirements, as described in paragraph (2). 

18 ‘‘(d) CONFIRMATION AND DISPOSITION.— 

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

20 online submission of a completed voter registration 

21 application by an individual under this section, the 

22 appropriate State or local election official shall send 

23 the individual a notice confirming the State’s receipt 

24 of the application and providing instructions on how 


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1 the individual may check the status of the applica2 tion. 

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

4 7 days after the appropriate State or local election 

5 official has approved or rejected an application sub6 mitted by an individual under this section, the offi7 cial shall send the individual a notice of the disposi8 tion of the application. 

9 ‘‘(3) METHOD OF NOTIFICATION.—The appro10 priate State or local election official shall send the 

11 notices required under this subsection by regular 

12 mail and— 

13 ‘‘(A) in the case of an individual who has 

14 provided the official with an electronic mail ad15 dress, by electronic mail; and 

16 ‘‘(B) at the option of the individual, by 

17 text message. 

18 ‘‘(e) PROVISION OF SERVICES IN NONPARTISAN

19 MANNER.—The services made available under subsection 

20 (a) shall be provided in a manner that ensures that, con21 sistent with section 7(a)(5)— 

22 ‘‘(1) the online application does not seek to in23 fluence an applicant’s political preference or party 

24 registration; and 


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1 ‘‘(2) there is no display on the website pro2 moting any political preference or party allegiance, 

3 except that nothing in this paragraph may be con4 strued to prohibit an applicant from registering to 

5 vote as a member of a political party. 

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

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

8 establish appropriate technological security measures to 

9 prevent to the greatest extent practicable any unauthor10 ized access to information provided by individuals using 

11 the services made available under subsection (a). 

12 ‘‘(g) ACCESSIBILITY OF SERVICES.—A state shall en13 sure that the services made available under this section 

14 are made available to individuals with disabilities to the 

15 same extent as services are made available to all other in16 dividuals. 

17 ‘‘(h) USE OF ADDITIONAL TELEPHONE-BASED SYS18 TEM.—A State shall make the services made available on19 line under subsection (a) available through the use of an 

20 automated telephone-based system, subject to the same 

21 terms and conditions applicable under this section to the 

22 services made available online, in addition to making the 

23 services available online in accordance with the require24 ments of this section. 


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1 ‘‘(i) NONDISCRIMINATION AMONG REGISTERED VOT2 ERS USING MAIL AND ONLINE REGISTRATION.—In car3 rying out this Act, the Help America Vote Act of 2002, 

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

5 treatment of registered voters in the State or the adminis6 tration of elections for public office in the State, a State 

7 shall treat a registered voter who registered to vote online 

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

9 State treats a registered voter who registered to vote by 

10 mail.’’. 

11 (b) SPECIAL REQUIREMENTS FOR INDIVIDUALS

12 USING ONLINE REGISTRATION.— 

13 (1) TREATMENT AS INDIVIDUALS REGISTERING

14 TO VOTE BY MAIL FOR PURPOSES OF FIRST-TIME

15 VOTER IDENTIFICATION REQUIREMENTS.—Section 

16 303(b)(1)(A) of the Help America Vote Act of 2002 

17 (52 U.S.C. 21083(b)(1)(A)) is amended by striking 

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

19 section 6A of the National Voter Registration Act of 

20 1993’’. 

21 (2) REQUIRING SIGNATURE FOR FIRST-TIME

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

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

24 (A) by redesignating paragraph (5) as 

25 paragraph (6); and 


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

2 following new paragraph: 

3 ‘‘(5) SIGNATURE REQUIREMENTS FOR FIRST4 TIME VOTERS USING ONLINE REGISTRATION.— 

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

6 uniform and nondiscriminatory manner, require 

7 an individual to meet the requirements of sub8 paragraph (B) if— 

9 ‘‘(i) the individual registered to vote 

10 in the State online under section 6A of the 

11 National Voter Registration Act of 1993; 

12 and 

13 ‘‘(ii) the individual has not previously 

14 voted in an election for Federal office in 

15 the State. 

16 ‘‘(B) REQUIREMENTS.—An individual 

17 meets the requirements of this subparagraph 

18 if— 

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

20 votes in person, the individual provides the 

21 appropriate State or local election official 

22 with a handwritten signature; or 

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

24 votes by mail, the individual submits with 

25 the ballot a handwritten signature. 


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1 ‘‘(C) INAPPLICABILITY.—Subparagraph 

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

3 who is— 

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

5 under the Uniformed and Overseas Citi6 zens Absentee Voting Act (52 U.S.C. 

7 20302 et seq.); 

8 ‘‘(ii) provided the right to vote other9 wise than in person under section 

10 3(b)(2)(B)(ii) of the Voting Accessibility 

11 for the Elderly and Handicapped Act (52 

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

13 ‘‘(iii) entitled to vote otherwise than 

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

15 (3) CONFORMING AMENDMENT RELATING TO

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

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

18 striking ‘‘Each State’’ and inserting ‘‘Except as pro19 vided in subsection (b)(5), each State’’. 

20 (c) CONFORMING AMENDMENTS.— 

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

22 of the National Voter Registration Act of 1993 (52 

23 U.S.C. 20507(a)(1)) is amended— 

24 (A) by striking ‘‘and’’ at the end of sub25 paragraph (C); 


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1 (B) by redesignating subparagraph (D) as 

2 subparagraph (E); and 

3 (C) by inserting after subparagraph (C) 

4 the following new subparagraph: 

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

6 through the official public website of an election 

7 official under section 6A, if the valid voter reg8 istration application is submitted online not 

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

10 provided by State law, before the date of the 

11 election (as determined by treating the date on 

12 which the application is sent electronically as 

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

14 (2) INFORMING APPLICANTS OF ELIGIBILITY

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

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

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

18 SEC. 1002. USE OF INTERNET TO UPDATE REGISTRATION 

19 INFORMATION. 

20 (a) IN GENERAL.— 

21 (1) UPDATES TO INFORMATION CONTAINED ON

22 COMPUTERIZED STATEWIDE VOTER REGISTRATION

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

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

25 at the end the following new paragraph: 


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1 ‘‘(6) USE OF INTERNET BY REGISTERED VOT2 ERS TO UPDATE INFORMATION.— 

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

4 or local election official shall ensure that any 

5 registered voter on the computerized list may at 

6 any time update the voter’s registration infor7 mation, including the voter’s address and elec8 tronic mail address, online through the official 

9 public website of the election official responsible 

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

11 voter attests to the contents of the update by 

12 providing a signature in electronic form in the 

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

14 the National Voter Registration Act of 1993. 

15 ‘‘(B) PROCESSING OF UPDATED INFORMA16 TION BY ELECTION OFFICIALS.—If a registered 

17 voter updates registration information under 

18 subparagraph (A), the appropriate State or 

19 local election official shall— 

20 ‘‘(i) revise any information on the 

21 computerized list to reflect the update 

22 made by the voter; and 

23 ‘‘(ii) if the updated registration infor24 mation affects the voter’s eligibility to vote 

25 in an election for Federal office, ensure 


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1 that the information is processed with re2 spect to the election if the voter updates 

3 the information not later than the lesser of 

4 7 days, or the period provided by State 

5 law, before the date of the election. 

6 ‘‘(C) CONFIRMATION AND DISPOSITION.— 

7 ‘‘(i) CONFIRMATION OF RECEIPT.— 

8 Upon the online submission of updated 

9 registration information by an individual 

10 under this paragraph, the appropriate 

11 State or local election official shall send 

12 the individual a notice confirming the 

13 State’s receipt of the updated information 

14 and providing instructions on how the indi15 vidual may check the status of the update. 

16 ‘‘(ii) NOTICE OF DISPOSITION.—Not 

17 later than 7 days after the appropriate 

18 State or local election official has accepted 

19 or rejected updated information submitted 

20 by an individual under this paragraph, the 

21 official shall send the individual a notice of 

22 the disposition of the update. 

23 ‘‘(iii) METHOD OF NOTIFICATION.— 

24 The appropriate State or local election offiVerDate Sep 11 2014 00:08 Feb 08, 2022 Jkt 029200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RDS H1

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1 cial shall send the notices required under 

2 this subparagraph by regular mail and— 

3 ‘‘(I) in the case of an individual 

4 who has requested that the State pro5 vide voter registration and voting in6 formation through electronic mail, by 

7 electronic mail; and 

8 ‘‘(II) at the option of the indi9 vidual, by text message.’’. 

10 (2) CONFORMING AMENDMENT RELATING TO

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

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

13 striking ‘‘subparagraph (B)’’ and inserting ‘‘sub14 paragraph (B) and subsection (a)(6)’’. 

15 (b) ABILITY OF REGISTRANT TO USE ONLINE UP16 DATE TO PROVIDE INFORMATION ON RESIDENCE.—Sec17 tion 8(d)(2)(A) of the National Voter Registration Act of 

18 1993 (52 U.S.C. 20507(d)(2)(A)) is amended— 

19 (1) in the first sentence, by inserting after ‘‘re20 turn the card’’ the following: ‘‘or update the reg21 istrant’s information on the computerized statewide 

22 voter registration list using the online method pro23 vided under section 303(a)(6) of the Help America 

24 Vote Act of 2002’’; and 


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1 (2) in the second sentence, by striking ‘‘re2 turned,’’ and inserting the following: ‘‘returned or if 

3 the registrant does not update the registrant’s infor4 mation on the computerized Statewide voter reg5 istration list using such online method,’’. 

6 SEC. 1003. PROVISION OF ELECTION INFORMATION BY 

7 ELECTRONIC MAIL TO INDIVIDUALS REG8 ISTERED TO VOTE. 

9 (a) INCLUDING OPTION ON VOTER REGISTRATION

10 APPLICATION TO PROVIDE E-MAIL ADDRESS AND RE11 CEIVE INFORMATION.— 

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

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

14 20508(b)) is amended— 

15 (A) by striking ‘‘and’’ at the end of para16 graph (3); 

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

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

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

20 paragraph: 

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

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

23 address, together with a statement that, if the appli24 cant so requests, instead of using regular mail the 

25 appropriate State and local election officials shall 


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1 provide to the applicant, through electronic mail sent 

2 to that address, the same voting information (as de3 fined in section 302(b)(2) of the Help America Vote 

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

5 applicant through regular mail.’’. 

6 (2) PROHIBITING USE FOR PURPOSES UNRE7 LATED TO OFFICIAL DUTIES OF ELECTION OFFI8 CIALS.—Section 9 of such Act (52 U.S.C. 20508) is 

9 amended by adding at the end the following new 

10 subsection: 

11 ‘‘(c) PROHIBITING USE OF ELECTRONIC MAIL AD12 DRESSES FOR OTHER THAN OFFICIAL PURPOSES.—The 

13 chief State election official shall ensure that any electronic 

14 mail address provided by an applicant under subsection 

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

16 duties of election officials and is not transmitted by any 

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

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

19 not require the address to carry out such official duties 

20 and who is not under the direct supervision and control 

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

22 (b) REQUIRING PROVISION OF INFORMATION BY

23 ELECTION OFFICIALS.—Section 302(b) of the Help Amer24 ica Vote Act of 2002 (52 U.S.C. 21082(b)) is amended 

25 by adding at the end the following new paragraph: 


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1 ‘‘(3) PROVISION OF OTHER INFORMATION BY

2 ELECTRONIC MAIL.—If an individual who is a reg3 istered voter has provided the State or local election 

4 official with an electronic mail address for the pur5 pose of receiving voting information (as described in 

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

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

8 official, through electronic mail transmitted not later 

9 than 7 days before the date of the election for Fed10 eral office involved, shall provide the individual with 

11 information on how to obtain the following informa12 tion by electronic means: 

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

14 place at which the individual is assigned to vote 

15 in the election. 

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

17 place. 

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

19 other information the individual may be re20 quired to present at the polling place.’’. 

21 SEC. 1004. CLARIFICATION OF REQUIREMENT REGARDING 

22 NECESSARY INFORMATION TO SHOW ELIGI23 BILITY TO VOTE. 

24 Section 8 of the National Voter Registration Act of 

25 1993 (52 U.S.C. 20507) is amended— 


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1 (1) by redesignating subsection (j) as sub2 section (k); and 

3 (2) by inserting after subsection (i) the fol4 lowing new subsection: 

5 ‘‘(j) REQUIREMENT FOR STATE TO REGISTER APPLI6 CANTS PROVIDING NECESSARY INFORMATION TO SHOW

7 ELIGIBILITY TO VOTE.—For purposes meeting the re8 quirement of subsection (a)(1) that an eligible applicant 

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

10 the deadlines required under such subsection, the State 

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

12 registration form’ if— 

13 ‘‘(1) the applicant has substantially completed 

14 the application form and attested to the statement 

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

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

17 to vote online in accordance with section 6A, the ap18 plicant provides a signature in accordance with sub19 section (c) of such section.’’. 

20 SEC. 1005. PROHIBITING STATE FROM REQUIRING APPLI21 CANTS TO PROVIDE MORE THAN LAST 4 DIG22 ITS OF SOCIAL SECURITY NUMBER. 

23 (a) FORM INCLUDED WITH APPLICATION FOR

24 MOTOR VEHICLE DRIVER’S LICENSE.—Section 

25 5(c)(2)(B)(ii) of the National Voter Registration Act of 


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1 1993 (52 U.S.C. 20504(c)(2)(B)(ii)) is amended by strik2 ing the semicolon at the end and inserting the following: 

3 ‘‘, and to the extent that the application requires the appli4 cant to provide a Social Security number, may not require 

5 the applicant to provide more than the last 4 digits of such 

6 number;’’. 

7 (b) NATIONAL MAIL VOTER REGISTRATION FORM.— 

8 Section 9(b)(1) of such Act (52 U.S.C. 20508(b)(1)) is 

9 amended by striking the semicolon at the end and insert10 ing the following: ‘‘, and to the extent that the form re11 quires the applicant to provide a Social Security number, 

12 the form may not require the applicant to provide more 

13 than the last 4 digits of such number;’’. 

14 SEC. 1006. REPORT ON DATA COLLECTION. 

15 Not later than 1 year after the date of enactment 

16 of this Act, the Attorney General shall submit to Congress 

17 a report on local, State, and Federal personally identifi18 able information data collections efforts, the cyber security 

19 resources necessary to defend such efforts from online at20 tacks, and the impact of a potential data breach of local, 

21 State, or Federal online voter registration systems. 


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1 SEC. 1007. PERMITTING VOTER REGISTRATION APPLICA2 TION FORM TO SERVE AS APPLICATION FOR 

3 ABSENTEE BALLOT. 

4 Section 5(c)(2) of the National Voter Registration 

5 Act of 1993 (52 U.S.C. 20504(c)(2)) is amended— 

6 (1) by striking ‘‘and’’ at the end of subpara7 graph (D); 

8 (2) by striking the period at the end of sub9 paragraph (E) and inserting ‘‘; and’’; and 

10 (3) by adding at the end the following new sub11 paragraph: 

12 ‘‘(F) at the option of the applicant, shall serve 

13 as an application to vote by absentee ballot in the 

14 next election for Federal office held in the State and 

15 in each subsequent election for Federal office held in 

16 the State.’’. 

17 SEC. 1008. EFFECTIVE DATE. 

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

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

20 amendments made by section 1004) shall take effect Jan21 uary 1, 2022. 

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

23 Assistance Commission, if a State certifies to the Election 

24 Assistance Commission that the State will not meet the 

25 deadline referred to in subsection (a) because of extraor26 dinary circumstances and includes in the certification the 


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1 reasons for the failure to meet the deadline, subsection 

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

3 subsection to ‘‘January 1, 2022’’ were a reference to 

4 ‘‘January 1, 2024’’. 

5 PART 2—AUTOMATIC VOTER REGISTRATION 

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

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

8 ‘‘Automatic Voter Registration Act of 2021’’. 

9 (b) FINDINGS AND PURPOSE.— 

10 (1) FINDINGS.—Congress finds that— 

11 (A) the right to vote is a fundamental 

12 right of citizens of the United States; 

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

14 Federal Governments to ensure that every eligi15 ble citizen is registered to vote; 

16 (C) existing voter registration systems can 

17 be inaccurate, costly, inaccessible and con18 fusing, with damaging effects on voter partici19 pation in elections for Federal office and dis20 proportionate impacts on young people, persons 

21 with disabilities, and racial and ethnic minori22 ties; and 

23 (D) voter registration systems must be up24 dated with 21st Century technologies and pro25 cedures to maintain their security. 


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

2 (A) to establish that it is the responsibility 

3 of government at every level to ensure that all 

4 eligible citizens are registered to vote in elec5 tions for Federal office; 

6 (B) to enable the State and Federal Gov7 ernments to register all eligible citizens to vote 

8 with accurate, cost-efficient, and up-to-date pro9 cedures; 

10 (C) to modernize voter registration and list 

11 maintenance procedures with electronic and 

12 internet capabilities; and 

13 (D) to protect and enhance the integrity, 

14 accuracy, efficiency, and accessibility of the 

15 electoral process for all eligible citizens. 

16 SEC. 1012. AUTOMATIC REGISTRATION OF ELIGIBLE INDI17 VIDUALS. 

18 (a) REQUIRING STATES TO ESTABLISH AND OPER19 ATE AUTOMATIC REGISTRATION SYSTEM.— 

20 (1) IN GENERAL.—The chief State election offi21 cial of each State shall establish and operate a sys22 tem of automatic registration for the registration of 

23 eligible individuals to vote for elections for Federal 

24 office in the State, in accordance with the provisions 

25 of this part. 


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1 (2) DEFINITION.—The term ‘‘automatic reg2 istration’’ means a system that registers an indi3 vidual to vote in elections for Federal office in a 

4 State, if eligible, by electronically transferring the 

5 information necessary for registration from govern6 ment agencies to election officials of the State so 

7 that, unless the individual affirmatively declines to 

8 be registered, the individual will be registered to vote 

9 in such elections. 

10 (b) REGISTRATION OF VOTERS BASED ON NEW

11 AGENCY RECORDS.—The chief State election official 

12 shall— 

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

14 agency has transmitted information with respect to 

15 an individual pursuant to section 1013, ensure that 

16 the individual is registered to vote in elections for 

17 Federal office in the State if the individual is eligible 

18 to be registered to vote in such elections; and 

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

20 agency has transmitted such information with re21 spect to the individual, send written notice to the in22 dividual, in addition to other means of notice estab23 lished by this part, of the individual’s voter registra24 tion status. 


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

2 EXISTING CONTRIBUTING AGENCY RECORDS.—The chief 

3 State election official shall— 

4 (1) identify all individuals whose information is 

5 transmitted by a contributing agency pursuant to 

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

7 currently, registered to vote in that State; 

8 (2) promptly send each such individual written 

9 notice, in addition to other means of notice estab10 lished by this part, which shall not identify the con11 tributing agency that transmitted the information 

12 but shall include— 

13 (A) an explanation that voter registration 

14 is voluntary, but if the individual does not de15 cline registration, the individual will be reg16 istered to vote; 

17 (B) a statement offering the opportunity to 

18 decline voter registration through means con19 sistent with the requirements of this part; 

20 (C) in the case of a State in which affili21 ation or enrollment with a political party is re22 quired in order to participate in an election to 

23 select the party’s candidate in an election for 

24 Federal office, a statement offering the indi25 vidual the opportunity to affiliate or enroll with 


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1 a political party or to decline to affiliate or en2 roll with a political party, through means con3 sistent with the requirements of this part; 

4 (D) the substantive qualifications of an 

5 elector in the State as listed in the mail voter 

6 registration application form for elections for 

7 Federal office prescribed pursuant to section 9 

8 of the National Voter Registration Act of 1993, 

9 the consequences of false registration, and a 

10 statement that the individual should decline to 

11 register if the individual does not meet all those 

12 qualifications; 

13 (E) instructions for correcting any erro14 neous information; 

15 (F) instructions for providing any addi16 tional information which is listed in the mail 

17 voter registration application form for elections 

18 for Federal office prescribed pursuant to section 

19 9 of the National Voter Registration Act of 

20 1993; and 

21 (G) an explanation of what information the 

22 State and local election officials maintain with 

23 respect to an individual voter registration status 

24 for purposes of elections for Federal office in 

25 the State, how that information is shared or 


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1 sold and with whom, what information is auto2 matically kept confidential, what information is 

3 needed to access voter information online, and 

4 what privacy programs are available, such as 

5 those described in section 1056; 

6 (3) ensure that each such individual who is eli7 gible to register to vote in elections for Federal of8 fice in the State is promptly registered to vote not 

9 later than 45 days after the official sends the indi10 vidual the written notice under paragraph (2), un11 less, during the 30-day period which begins on the 

12 date the election official sends the individual such 

13 written notice, the individual declines registration in 

14 writing, through a communication made over the 

15 internet, or by an officially logged telephone commu16 nication; and 

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

18 in addition to other means of notice established by 

19 this part, of the individual’s voter registration sta20 tus. 

21 (d) TREATMENT OF INDIVIDUALS UNDER 18 YEARS

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

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

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

25 at the time a contributing agency receives information 


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

2 is at least 16 years of age at such time. Nothing in the 

3 previous sentence may be construed to require a State to 

4 permit an individual who is under 18 years of age at the 

5 time of an election for Federal office to vote in the elec6 tion. 

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

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

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

10 SEC. 1013. CONTRIBUTING AGENCY ASSISTANCE IN REG11 ISTRATION. 

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

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

14 election official in registering to vote all eligible individuals 

15 served by that agency. 

16 (b) REQUIREMENTS FOR CONTRIBUTING AGEN17 CIES.— 

18 (1) INSTRUCTIONS ON AUTOMATIC REGISTRA19 TION.—With each application for service or assist20 ance, and with each related recertification, renewal, 

21 or change of address, or, in the case of an institu22 tion of higher education, with each registration of a 

23 student for enrollment in a course of study, each 

24 contributing agency that (in the normal course of its 

25 operations) requests individuals to affirm United 


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1 States citizenship (either directly or as part of the 

2 overall application for service or assistance) shall in3 form each such individual who is a citizen of the 

4 United States of the following: 

5 (A) Unless that individual declines to reg6 ister to vote, or is found ineligible to vote, the 

7 individual will be registered to vote or, if appli8 cable, the individual’s registration will be up9 dated. 

10 (B) The substantive qualifications of an 

11 elector in the State as listed in the mail voter 

12 registration application form for elections for 

13 Federal office prescribed pursuant to section 9 

14 of the National Voter Registration Act of 1993, 

15 the consequences of false registration, and the 

16 individual should decline to register if the indi17 vidual does not meet all those qualifications. 

18 (C) In the case of a State in which affili19 ation or enrollment with a political party is re20 quired in order to participate in an election to 

21 select the party’s candidate in an election for 

22 Federal office, the requirement that the indi23 vidual must affiliate or enroll with a political 

24 party in order to participate in such an election. 


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1 (D) Voter registration is voluntary, and 

2 neither registering nor declining to register to 

3 vote will in any way affect the availability of 

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

6 (2) OPPORTUNITY TO DECLINE REGISTRATION

7 REQUIRED.—Except as otherwise provided in this 

8 section, each contributing agency shall ensure that 

9 each application for service or assistance, and each 

10 related recertification, renewal, or change of address 

11 cannot be completed until the individual is given the 

12 opportunity to decline to be registered to vote. 

13 (3) INFORMATION TRANSMITTAL.—Upon the 

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

15 date a contributing agency as described in para16 graph (1) informs an individual of the information 

17 described in such paragraph, unless the individual 

18 has declined to be registered to vote or informs the 

19 agency that they are already registered to vote, each 

20 contributing agency shall electronically transmit to 

21 the appropriate State election official, in a format 

22 compatible with the statewide voter database main23 tained under section 303 of the Help America Vote 

24 Act of 2002 (52 U.S.C. 21083), the following infor25 mation: 


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

2 surname(s). 

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

4 (C) The individual’s residential address. 

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

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

9 updated. 

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

11 in electronic form. 

12 (G) Except in the case in which the con13 tributing agency is a covered institution of 

14 higher education, in the case of a State in 

15 which affiliation or enrollment with a political 

16 party is required in order to participate in an 

17 election to select the party’s candidate in an 

18 election for Federal office, information regard19 ing the individual’s affiliation or enrollment 

20 with a political party, but only if the individual 

21 provides such information. 

22 (H) Any additional information listed in 

23 the mail voter registration application form for 

24 elections for Federal office prescribed pursuant 

25 to section 9 of the National Voter Registration 


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

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

3 social security number, if the individual pro4 vided such information. 

5 (c) ALTERNATE PROCEDURE FOR CERTAIN CON6 TRIBUTING AGENCIES.—With each application for service 

7 or assistance, and with each related recertification, re8 newal, or change of address, any contributing agency that 

9 in the normal course of its operations does not request 

10 individuals applying for service or assistance to affirm 

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

12 overall application for service or assistance) shall— 

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

14 of the National Voter Registration Act of 1993 (52 

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

16 (2) ensure that each applicant’s transaction 

17 with the agency cannot be completed until the appli18 cant has indicated whether the applicant wishes to 

19 register to vote or declines to register to vote in elec20 tions for Federal office held in the State; and 

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

22 vote, transmit that individual’s information in ac23 cordance with subsection (b)(3). 

24 (d) REQUIRED AVAILABILITY OF AUTOMATIC REG25 ISTRATION OPPORTUNITY WITH EACH APPLICATION FOR


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1 SERVICE OR ASSISTANCE.—Each contributing agency 

2 shall offer each individual, with each application for serv3 ice or assistance, and with each related recertification, re4 newal, or change of address, or in the case of an institu5 tion of higher education, with each registration of a stu6 dent for enrollment in a course of study, the opportunity 

7 to register to vote as prescribed by this section without 

8 regard to whether the individual previously declined a reg9 istration opportunity. 

10 (e) CONTRIBUTING AGENCIES.— 

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

12 the following agencies shall be treated as a contrib13 uting agency: 

14 (A) Each agency in a State that is re15 quired by Federal law to provide voter registra16 tion services, including the State motor vehicle 

17 authority and other voter registration agencies 

18 under the National Voter Registration Act of 

19 1993. 

20 (B) Each agency in a State that admin21 isters a program pursuant to title III of the So22 cial Security Act (42 U.S.C. 501 et seq.), title 

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

24 et seq.), or the Patient Protection and Afford25 able Care Act (Public Law 111–148). 


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1 (C) Each State agency primarily respon2 sible for regulating the private possession of 

3 firearms. 

4 (D) Each State agency primarily respon5 sible for maintaining identifying information for 

6 students enrolled at public secondary schools, 

7 including, where applicable, the State agency 

8 responsible for maintaining the education data 

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

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

11 9871(e)(2)). 

12 (E) In the case of a State in which an in13 dividual disenfranchised by a criminal convic14 tion may become eligible to vote upon comple15 tion of a criminal sentence or any part thereof, 

16 or upon formal restoration of rights, the State 

17 agency responsible for administering that sen18 tence, or part thereof, or that restoration of 

19 rights. 

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

21 designated by the State as a contributing agen22 cy. 

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

24 of the following agencies of the Federal Government 

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1 spect to individuals who are residents of that State 

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

3 (A) The Social Security Administration, 

4 the Department of Veterans Affairs, the De5 fense Manpower Data Center of the Depart6 ment of Defense, the Employee and Training 

7 Administration of the Department of Labor, 

8 and the Center for Medicare & Medicaid Serv9 ices of the Department of Health and Human 

10 Services. 

11 (B) The Bureau of Citizenship and Immi12 gration Services, but only with respect to indi13 viduals who have completed the naturalization 

14 process. 

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

16 resident of a State in which an individual 

17 disenfranchised by a criminal conviction under 

18 Federal law may become eligible to vote upon 

19 completion of a criminal sentence or any part 

20 thereof, or upon formal restoration of rights, 

21 the Federal agency responsible for admin22 istering that sentence or part thereof (without 

23 regard to whether the agency is located in the 

24 same State in which the individual is a resi25 dent), but only with respect to individuals who 


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1 have completed the criminal sentence or any 

2 part thereof. 

3 (D) Any other agency of the Federal Gov4 ernment which the State designates as a con5 tributing agency, but only if the State and the 

6 head of the agency determine that the agency 

7 collects information sufficient to carry out the 

8 responsibilities of a contributing agency under 

9 this section. 

10 (3) PUBLICATION.—Not later than 180 days 

11 prior to the date of each election for Federal office 

12 held in the State, the chief State election official 

13 shall publish on the public website of the official an 

14 updated list of all contributing agencies in that 

15 State. 

16 (4) PUBLIC EDUCATION.—The chief State elec17 tion official of each State, in collaboration with each 

18 contributing agency, shall take appropriate measures 

19 to educate the public about voter registration under 

20 this section. 

21 (f) INSTITUTIONS OF HIGHER EDUCATION.— 

22 (1) IN GENERAL.—Each covered institution of 

23 higher education shall be treated as a contributing 

24 agency in the State in which the institution is lo25 cated with respect to in-State students. 


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1 (2) PROCEDURES.— 

2 (A) IN GENERAL.—Notwithstanding sec3 tion 444 of the General Education Provisions 

4 Act (20 U.S.C. 1232g; commonly referred to as 

5 the ’Family Educational Rights and Privacy 

6 Act of 1974’’) or any other provision of law, 

7 each covered institution of higher education 

8 shall comply with the requirements of sub9 section (b) with respect to each in-State stu10 dent. 

11 (B) RULES FOR COMPLIANCE.—In com12 plying with the requirements described in sub13 paragraph (A), the institution— 

14 (i) may use information provided in 

15 the Free Application for Federal Student 

16 Aid described in section 483 of the Higher 

17 Education Act of 1965 (20 U.S.C. 1090) 

18 to collect information described in para19 graph (3) of such subsection for purposes 

20 of transmitting such information to the ap21 propriate State election official pursuant to 

22 such paragraph; and 

23 (ii) shall not be required to prevent or 

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1 tion of the enrollment process; and (iii) 

2 shall not withhold, delay, or impede the 

3 provision of Federal financial aid provided 

4 under title IV of the Higher Education Act 

5 of 1965. 

6 (C) CLARIFICATION.—Nothing in this part 

7 may be construed to require an institution of 

8 higher education to request each student to af9 firm whether or not the student is a United 

10 States citizen or otherwise collect information 

11 with respect to citizenship. 

12 (3) DEFINITIONS.— 

13 (A) COVERED INSTITUTION OF HIGHER

14 EDUCATION.—In this section, the term ‘‘covered 

15 institution of higher education’’ means an insti16 tution of higher education that— 

17 (i) has a program participation agree18 ment in effect with the Secretary of Edu19 cation under section 487 of the Higher 

20 Education Act of 1965 (20 U.S.C. 1094); 

21 (ii) in its normal course of operations, 

22 requests each in-State student enrolling in 

23 the institution to affirm whether or not the 

24 student is a United States citizen; and 


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1 (iii) is located in a State to which sec2 tion 4(b)(1) of the National Voter Reg3 istration Act of 1993 (52 U.S.C. 

4 20503(b)(1)) does not apply. 

5 (B) IN-STATE STUDENT.—In this section, 

6 the term ‘‘in-State student’’— 

7 (i) means a student enrolled in a cov8 ered institution of higher education who, 

9 for purposes related to in-State tuition, fi10 nancial aid eligibility, or other similar pur11 poses, resides in the State; and 

12 (ii) includes a student described in 

13 clause (i) who is enrolled in a program of 

14 distance education, as defined in section 

15 103 of the Higher Education Act of 1965 

16 (20 U.S.C. 1003). 

17 SEC. 1014. ONE-TIME CONTRIBUTING AGENCY ASSISTANCE 

18 IN REGISTRATION OF ELIGIBLE VOTERS IN 

19 EXISTING RECORDS. 

20 (a) INITIAL TRANSMITTAL OF INFORMATION.—For 

21 each individual already listed in a contributing agency’s 

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

23 whom the agency has the information listed in section 

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1 ance with section 1013(b)(3) not later than the effective 

2 date described in section 1021(a). 

3 (b) TRANSITION.—For each individual listed in a con4 tributing agency’s records as of the effective date de5 scribed in section 1021(a) (but who was not listed in a 

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

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

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

9 transmit that information to the appropriate State election 

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

11 than 6 months after the effective date described in section 

12 1021(a). 

13 SEC. 1015. VOTER PROTECTION AND SECURITY IN AUTO14 MATIC REGISTRATION. 

15 (a) PROTECTIONS FOR ERRORS IN REGISTRATION.— 

16 An individual shall not be prosecuted under any Federal 

17 or State law, adversely affected in any civil adjudication 

18 concerning immigration status or naturalization, or sub19 ject to an allegation in any legal proceeding that the indi20 vidual is not a citizen of the United States on any of the 

21 following grounds: 

22 (1) The individual notified an election office of 

23 the individual’s automatic registration to vote under 

24 this part. 


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1 (2) The individual is not eligible to vote in elec2 tions for Federal office but was automatically reg3 istered to vote under this part. 

4 (3) The individual was automatically registered 

5 to vote under this part at an incorrect address. 

6 (4) The individual declined the opportunity to 

7 register to vote or did not make an affirmation of 

8 citizenship, including through automatic registration, 

9 under this part. 

10 (b) LIMITS ON USE OF AUTOMATIC REGISTRA11 TION.—The automatic registration of any individual or the 

12 fact that an individual declined the opportunity to register 

13 to vote or did not make an affirmation of citizenship (in14 cluding through automatic registration) under this part 

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

16 State or Federal law enforcement proceeding, and an indi17 vidual’s lack of knowledge or willfulness of such registra18 tion may be demonstrated by the individual’s testimony 

19 alone. 

20 (c) PROTECTION OF ELECTION INTEGRITY.—Noth21 ing in subsections (a) or (b) may be construed to prohibit 

22 or restrict any action under color of law against an indi23 vidual who— 


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1 (1) knowingly and willfully makes a false state2 ment to effectuate or perpetuate automatic voter 

3 registration by any individual; or 

4 (2) casts a ballot knowingly and willfully in vio5 lation of State law or the laws of the United States. 

6 (d) CONTRIBUTING AGENCIES’ PROTECTION OF IN7 FORMATION.—Nothing in this part authorizes a contrib8 uting agency to collect, retain, transmit, or publicly dis9 close any of the following: 

10 (1) An individual’s decision to decline to reg11 ister to vote or not to register to vote. 

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

13 her citizenship. 

14 (3) Any information that a contributing agency 

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

16 pursuing the agency’s ordinary course of business. 

17 (e) ELECTION OFFICIALS’ PROTECTION OF INFOR18 MATION.— 

19 (1) PUBLIC DISCLOSURE PROHIBITED.— 

20 (A) IN GENERAL.—Subject to subpara21 graph (B), with respect to any individual for 

22 whom any State election official receives infor23 mation from a contributing agency, the State 

24 election officials shall not publicly disclose any 

25 of the following: 


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1 (i) The identity of the contributing 

2 agency. 

3 (ii) Any information not necessary to 

4 voter registration. 

5 (iii) Any voter information otherwise 

6 shielded from disclosure under State law or 

7 section 8(a) of the National Voter Reg8 istration Act of 1993 (52 U.S.C. 

9 20507(a)). 

10 (iv) Any portion of the individual’s so11 cial security number. 

12 (v) Any portion of the individual’s 

13 motor vehicle driver’s license number. 

14 (vi) The individual’s signature. 

15 (vii) The individual’s telephone num16 ber. 

17 (viii) The individual’s email address. 

18 (B) SPECIAL RULE FOR INDIVIDUALS REG19 ISTERED TO VOTE.—With respect to any indi20 vidual for whom any State election official re21 ceives information from a contributing agency 

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

23 registered to vote in the State under this part, 

24 the State election officials shall not publicly dis25 close any of the following: 


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1 (i) The identity of the contributing 

2 agency. 

3 (ii) Any information not necessary to 

4 voter registration. 

5 (iii) Any voter information otherwise 

6 shielded from disclosure under State law or 

7 section 8(a) of the National Voter Reg8 istration Act of 1993 (52 U.S.C. 

9 20507(a)). 

10 (iv) Any portion of the individual’s so11 cial security number. 

12 (v) Any portion of the individual’s 

13 motor vehicle driver’s license number. 

14 (vi) The individual’s signature. 

15 (2) VOTER RECORD CHANGES.—Each State 

16 shall maintain for at least 2 years and shall make 

17 available for public inspection (and, where available, 

18 photocopying at a reasonable cost), including in elec19 tronic form and through electronic methods, all 

20 records of changes to voter records, including remov21 als, the reasons for removals, and updates. 

22 (3) DATABASE MANAGEMENT STANDARDS.— 

23 The Director of the National Institute of Standards 

24 and Technology shall, after providing the public with 

25 notice and the opportunity to comment— 


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1 (A) establish standards governing the com2 parison of data for voter registration list main3 tenance purposes, identifying as part of such 

4 standards the specific data elements, the 

5 matching rules used, and how a State may use 

6 the data to determine and deem that an indi7 vidual is ineligible under State law to vote in an 

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

9 or outdated; 

10 (B) ensure that the standards developed 

11 pursuant to this paragraph are uniform and 

12 nondiscriminatory and are applied in a uniform 

13 and nondiscriminatory manner; and 

14 (C) not later than 45 days after the dead15 line for public notice and comment, publish the 

16 standards developed pursuant to this paragraph 

17 on the Director’s website and make those 

18 standards available in written form upon re19 quest. 

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

21 National Institute of Standards and Technology 

22 shall, after providing the public with notice and the 

23 opportunity to comment, publish privacy and secu24 rity standards for voter registration information not 

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1 tice and comment. The standards shall require the 

2 chief State election official of each State to adopt a 

3 policy that shall specify— 

4 (A) each class of users who shall have au5 thorized access to the computerized statewide 

6 voter registration list, specifying for each class 

7 the permission and levels of access to be grant8 ed, and setting forth other safeguards to pro9 tect the privacy, security, and accuracy of the 

10 information on the list; and 

11 (B) security safeguards to protect personal 

12 information transmitted through the informa13 tion transmittal processes of section 1013 or 

14 section 1014, the online system used pursuant 

15 to section 1017, any telephone interface, the 

16 maintenance of the voter registration database, 

17 and any audit procedure to track access to the 

18 system. 

19 (5) STATE COMPLIANCE WITH NATIONAL

20 STANDARDS.— 

21 (A) CERTIFICATION.—The chief executive 

22 officer of the State shall annually file with the 

23 Election Assistance Commission a statement 

24 certifying to the Director of the National Insti25 tute of Standards and Technology that the 


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1 State is in compliance with the standards re2 ferred to in paragraphs (3) and (4). A State 

3 may meet the requirement of the previous sen4 tence by filing with the Commission a statement 

5 which reads as follows: ‘‘lllll hereby 

6 certifies that it is in compliance with the stand7 ards referred to in paragraphs (3) and (4) of 

8 section 1015(e) of the Automatic Voter Reg9 istration Act of 2021.’’ (with the blank to be 

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

11 (B) PUBLICATION OF POLICIES AND PRO12 CEDURES.—The chief State election official of a 

13 State shall publish on the official’s website the 

14 policies and procedures established under this 

15 section, and shall make those policies and pro16 cedures available in written form upon public 

17 request. 

18 (C) FUNDING DEPENDENT ON CERTIFI19 CATION.—If a State does not timely file the cer20 tification required under this paragraph, it shall 

21 not receive any payment under this part for the 

22 upcoming fiscal year. 

23 (D) COMPLIANCE OF STATES THAT RE24 QUIRE CHANGES TO STATE LAW.—In the case 

25 of a State that requires State legislation to 


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1 carry out an activity covered by any certifi2 cation submitted under this paragraph, for a 

3 period of not more than 2 years the State shall 

4 be permitted to make the certification notwith5 standing that the legislation has not been en6 acted at the time the certification is submitted, 

7 and such State shall submit an additional cer8 tification once such legislation is enacted. 

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

10 person acting under color of law may discriminate against 

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

12 voter registration, election administration, or enforcement 

13 relating to election crimes, any of the following: 

14 (1) Voter registration records. 

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

16 vote or complete an affirmation of citizenship under 

17 section 1013(b). 

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

19 (g) PROHIBITION ON THE USE OF VOTER REGISTRA20 TION INFORMATION FOR COMMERCIAL PURPOSES.—In21 formation collected under this part shall not be used for 

22 commercial purposes. Nothing in this subsection may be 

23 construed to prohibit the transmission, exchange, or dis24 semination of information for political purposes, including 

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


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1 or local public office or the activities of political commit2 tees (including committees of political parties) under the 

3 Federal Election Campaign Act of 1971. 

4 SEC. 1016. REGISTRATION PORTABILITY AND CORRECTION. 

5 (a) CORRECTING REGISTRATION INFORMATION AT

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

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

8 an individual is registered to vote in elections for Federal 

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

10 the polling place for any such election (including a location 

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

12 the election) shall permit the individual to— 

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

14 of the records of the election official; 

15 (2) correct any incorrect information relating to 

16 the individual, including the individual’s name and 

17 political party affiliation, in the records of the elec18 tion official; and 

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

20 the updated address or corrected information, and to 

21 have the ballot treated as a regular ballot and not 

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

23 Act. 

24 (b) UPDATES TO COMPUTERIZED STATEWIDE VOTER

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1 ing place receives an updated address or corrected infor2 mation from an individual under subsection (a), the offi3 cial shall ensure that the address or information is 

4 promptly entered into the computerized statewide voter 

5 registration list in accordance with section 

6 303(a)(1)(A)(vi) of the Help America Vote Act of 2002 

7 (52 U.S.C. 21083(a)(1)(A)(vi)). 

8 SEC. 1017. PAYMENTS AND GRANTS. 

9 (a) IN GENERAL.—The Election Assistance Commis10 sion shall make grants to each eligible State to assist the 

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

12 in the case of an exempt State, in implementing its exist13 ing automatic voter registration program). 

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

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

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

17 Commission may require, an application containing— 

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

19 carry out with the grant; 

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

21 such activities without partisan bias and without 

22 promoting any particular point of view regarding 

23 any issue; and 

24 (3) such other information and assurances as 

25 the Commission may require. 


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1 (c) AMOUNT OF GRANT; PRIORITIES.—The Commis2 sion shall determine the amount of a grant made to an 

3 eligible State under this section. In determining the 

4 amounts of the grants, the Commission shall give priority 

5 to providing funds for those activities which are most like6 ly to accelerate compliance with the requirements of this 

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

8 likely to enhance the ability of the State to automatically 

9 register individuals to vote through its existing automatic 

10 voter registration program), including— 

11 (1) investments supporting electronic informa12 tion transfer, including electronic collection and 

13 transfer of signatures, between contributing agencies 

14 and the appropriate State election officials; 

15 (2) updates to online or electronic voter reg16 istration systems already operating as of the date of 

17 the enactment of this Act; 

18 (3) introduction of online voter registration sys19 tems in jurisdictions in which those systems did not 

20 previously exist; and 

21 (4) public education on the availability of new 

22 methods of registering to vote, updating registration, 

23 and correcting registration. 

24 (d) AUTHORIZATION OF APPROPRIATIONS.— 


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1 (1) AUTHORIZATION.—There are authorized to 

2 be appropriated to carry out this section— 

3 (A) $500,000,000 for fiscal year 2021; and 

4 (B) such sums as may be necessary for 

5 each succeeding fiscal year. 

6 (2) CONTINUING AVAILABILITY OF FUNDS.— 

7 Any amounts appropriated pursuant to the authority 

8 of this subsection shall remain available without fis9 cal year limitation until expended. 

10 SEC. 1018. TREATMENT OF EXEMPT STATES. 

11 (a) WAIVER OF REQUIREMENTS.—Except as pro12 vided in subsection (b), this part does not apply with re13 spect to an exempt State. 

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

15 part apply with respect to an exempt State: 

16 (1) section 1016 (relating to registration port17 ability and correction). 

18 (2) section 1017 (relating to payments and 

19 grants). 

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

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

22 other laws). 

23 SEC. 1019. MISCELLANEOUS PROVISIONS. 

24 (a) ACCESSIBILITY OF REGISTRATION SERVICES.— 

25 Each contributing agency shall ensure that the services 


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1 it provides under this part are made available to individ2 uals with disabilities to the same extent as services are 

3 made available to all other individuals. 

4 (b) TRANSMISSION THROUGH SECURE THIRD PARTY

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

6 prevent a contributing agency from contracting with a 

7 third party to assist the agency in meeting the information 

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

9 transmittal complies with the applicable requirements of 

10 this part, including the privacy and security provisions of 

11 section 1015. 

12 (c) NONPARTISAN, NONDISCRIMINATORY PROVISION

13 OF SERVICES.—The services made available by contrib14 uting agencies under this part and by the State under sec15 tions 1015 and 1016 shall be made in a manner consistent 

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

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

18 20506(a)). 

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

20 this part via electronic mail if the individual has provided 

21 an electronic mail address and consented to electronic mail 

22 communications for election-related materials. All notices 

23 sent pursuant to this part that require a response must 

24 offer the individual notified the opportunity to respond at 

25 no cost to the individual. 


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

2 Voter Registration Act of 1993 (52 U.S.C. 20510), relat3 ing to civil enforcement and the availability of private 

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

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

6 (f) RELATION TO OTHER LAWS.—Except as pro7 vided, nothing in this part may be construed to authorize 

8 or require conduct prohibited under, or to supersede, re9 strict, or limit the application of any of the following: 

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

11 10301 et seq.). 

12 (2) The Uniformed and Overseas Citizens Ab13 sentee Voting Act (52 U.S.C. 20301 et seq.). 

14 (3) The National Voter Registration Act of 

15 1993 (52 U.S.C. 20501 et seq.). 

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

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

18 SEC. 1020. DEFINITIONS. 

19 In this part, the following definitions apply: 

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

21 means, with respect to a State, the individual des22 ignated by the State under section 10 of the Na23 tional Voter Registration Act of 1993 (52 U.S.C. 

24 20509) to be responsible for coordination of the 

25 State’s responsibilities under such Act. 


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

2 Assistance Commission. 

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

4 which, under law which is in effect continuously on 

5 and after the date of the enactment of this Act, op6 erates an automatic voter registration program 

7 under which an individual is automatically registered 

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

9 the individual provides the motor vehicle authority of 

10 the State (or, in the case of a State in which an in11 dividual is automatically registered to vote at the 

12 time the individual applies for benefits or services 

13 with a Permanent Dividend Fund of the State, pro14 vides the appropriate official of such Fund) with 

15 such identifying information as the State may re16 quire. 

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

18 States, the District of Columbia, the Commonwealth 

19 of Puerto Rico, the United States Virgin Islands, 

20 Guam, American Samoa, and the Commonwealth of 

21 the Northern Mariana Islands. 

22 SEC. 1021. EFFECTIVE DATE. 

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

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

25 apply with respect to a State beginning January 1, 2023. 


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1 (b) WAIVER.—Subject to the approval of the Com2 mission, if a State certifies to the Commission that the 

3 State will not meet the deadline referred to in subsection 

4 (a) because of extraordinary circumstances and includes 

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

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

7 reference in such subsection to ‘‘January 1, 2023’’ were 

8 a reference to ‘‘January 1, 2025’’. 

9 PART 3—SAME DAY VOTER REGISTRATION 

10 SEC. 1031. SAME DAY REGISTRATION. 

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

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

13 (1) by redesignating sections 304 and 305 as 

14 sections 305 and 306; and 

15 (2) by inserting after section 303 the following 

16 new section: 

17 ‘‘SEC. 304. SAME DAY REGISTRATION. 

18 ‘‘(a) IN GENERAL.— 

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

20 any eligible individual on the day of a Federal elec21 tion and on any day when voting, including early 

22 voting, is permitted for a Federal election— 

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

24 the polling place using a form that meets the 

25 requirements under section 9(b) of the National 


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1 Voter Registration Act of 1993 (or, if the indi2 vidual is already registered to vote, to revise 

3 any of the individual’s voter registration infor4 mation); and 

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

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

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

8 under a State law in effect continuously on and after 

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

10 voter registration requirement for individuals in the 

11 State with respect to elections for Federal office. 

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

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

14 to any election for Federal office, an individual who is oth15 erwise qualified to vote in that election. 

16 ‘‘(c) ENSURING AVAILABILITY OF FORMS.—The 

17 State shall ensure that each polling place has copies of 

18 any forms an individual may be required to complete in 

19 order to register to vote or revise the individual’s voter 

20 registration information under this section. 

21 ‘‘(d) EFFECTIVE DATE.—Each State shall be re22 quired to comply with the requirements of subsection (a) 

23 for the regularly scheduled general election for Federal of24 fice occurring in November 2022 and for any subsequent 

25 election for Federal office.’’. 


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1 (b) CONFORMING AMENDMENT RELATING TO EN2 FORCEMENT.—Section 401 of such Act (52 U.S.C. 21111) 

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

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

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

6 of such Act is amended— 

7 (1) by redesignating the items relating to sec8 tions 304 and 305 as relating to sections 305 and 

9 306; and 

10 (2) by inserting after the item relating to sec11 tion 303 the following new item: 

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

12 PART 4—CONDITIONS ON REMOVAL ON BASIS OF 

13 INTERSTATE CROSS-CHECKS 

14 SEC. 1041. CONDITIONS ON REMOVAL OF REGISTRANTS 

15 FROM OFFICIAL LIST OF ELIGIBLE VOTERS 

16 ON BASIS OF INTERSTATE CROSS-CHECKS. 

17 (a) MINIMUM INFORMATION REQUIRED FOR RE18 MOVAL UNDER CROSS-CHECK.—Section 8(c)(2) of the 

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

20 20507(c))(2)) is amended— 

21 (1) by redesignating subparagraph (B) as sub22 paragraph (D); and 

23 (2) by inserting after subparagraph (A) the fol24 lowing new subparagraphs: 


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

2 a State under subparagraph (A) to systematically remove 

3 the names of ineligible voters from the official lists of eligi4 ble voters uses information obtained in an interstate cross5 check, in addition to any other conditions imposed under 

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

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

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

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

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

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

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

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

14 ERIC system that the voter is no longer a resident 

15 of the State. 

16 ‘‘(C) In this paragraph— 

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

18 transmission of information from an election official 

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

20 and 

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

22 operated by the Electronic Registration Information 

23 Center to share voter registration information and 

24 voter identification information among participating 

25 States.’’. 


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1 (b) REQUIRING COMPLETION OF CROSS-CHECKS

2 NOT LATER THAN 6 MONTHS PRIOR TO ELECTION.— 

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

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

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

6 90 days (or, in the case of a program in which the State 

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

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

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

10 as redesignated by subsection (a)(1), is amended by strik11 ing ‘‘Subparagraph (A)’’ and inserting ‘‘This paragraph’’. 

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

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

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

15 on the date of the enactment of this Act. 

16 PART 5—OTHER INITIATIVES TO PROMOTE 

17 VOTER REGISTRATION 

18 SEC. 1051. ANNUAL REPORTS ON VOTER REGISTRATION 

19 STATISTICS. 

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

21 the end of each year, each State shall submit to the Elec22 tion Assistance Commission and Congress a report con23 taining the following categories of information for the 

24 year: 


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1 (1) The number of individuals who were reg2 istered under part 2. 

3 (2) The number of voter registration applica4 tion forms completed by individuals that were trans5 mitted by motor vehicle authorities in the State 

6 (pursuant to section 5(d) of the National Voter Reg7 istration Act of 1993) and voter registration agen8 cies in the State (as designated under section 7 of 

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

10 State, broken down by each such authority and 

11 agency. 

12 (3) The number of such individuals whose voter 

13 registration application forms were accepted and 

14 who were registered to vote in the State and the 

15 number of such individuals whose forms were re16 jected and who were not registered to vote in the 

17 State, broken down by each such authority and 

18 agency. 

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

20 other forms of information indicating that an indi21 vidual’s identifying information has been changed 

22 that were transmitted by such motor vehicle authori23 ties and voter registration agencies to the chief State 

24 election official of the State, broken down by each 


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1 such authority and agency and the type of form 

2 transmitted. 

3 (5) The number of individuals on the statewide 

4 computerized voter registration list (as established 

5 and maintained under section 303 of the Help 

6 America Vote Act of 2002) whose voter registration 

7 information was revised by the chief State election 

8 official as a result of the forms transmitted to the 

9 official by such motor vehicle authorities and voter 

10 registration agencies (as described in paragraph 

11 (3)), broken down by each such authority and agen12 cy and the type of form transmitted. 

13 (6) The number of individuals who requested 

14 the chief State election official to revise voter reg15 istration information on such list, and the number of 

16 individuals whose information was revised as a result 

17 of such a request. 

18 (7) The number of individuals who were purged 

19 from the official voter registration list or moved to 

20 inactive status, broken down by the reason for those 

21 actions, including the method used for identifying 

22 those voters. 

23 (b) BREAKDOWN OF INFORMATION.—In preparing 

24 the report under this section, the State shall, for each cat25 egory of information described in subsection (a), include 


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

2 individuals whose information is included in the category, 

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

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

5 (c) CONFIDENTIALITY OF INFORMATION.—In pre6 paring and submitting a report under this section, the 

7 chief State election official shall ensure that no informa8 tion regarding the identification of any individual is re9 vealed. 

10 (d) STATE DEFINED.—In this section, a ‘‘State’’ in11 cludes the District of Columbia, the Commonwealth of 

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

13 American Samoa, and the Commonwealth of the Northern 

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

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

16 date of the enactment of this Act, there is no voter reg17 istration requirement for individuals in the State with re18 spect to elections for Federal office. 

19 SEC. 1052. ENSURING PRE-ELECTION REGISTRATION DEAD20 LINES ARE CONSISTENT WITH TIMING OF 

21 LEGAL PUBLIC HOLIDAYS. 

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

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

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

25 and inserting ‘‘28 days’’. 


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

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

3 in 2022 or any succeeding year. 

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

5 OF ADDRESS FORM TO REMIND INDIVIDUALS 

6 TO UPDATE VOTER REGISTRATION. 

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

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

9 shall modify any hard copy change of address form used 

10 by the United States Postal Service so that such form con11 tains a reminder that any individual using such form 

12 should update the individual’s voter registration as a re13 sult of any change in address. 

14 (b) APPLICATION.—The requirement in subsection 

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

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

17 SEC. 1054. GRANTS TO STATES FOR ACTIVITIES TO EN18 COURAGE INVOLVEMENT OF MINORS IN 

19 ELECTION ACTIVITIES. 

20 (a) GRANTS.— 

21 (1) IN GENERAL.—The Election Assistance 

22 Commission (hereafter in this section referred to as 

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

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


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1 increase the involvement of individuals under 18 

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

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

4 under this subsection shall include— 

5 (A) methods to promote the use of the pre6 registration process implemented under section 

7 8A of the National Voter Registration Act of 

8 1993 (as added by section 2(a)); 

9 (B) modifications to the curriculum of sec10 ondary schools in the State to promote civic en11 gagement; and 

12 (C) such other activities to encourage the 

13 involvement of young people in the electoral 

14 process as the State considers appropriate. 

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

16 grant under this section if the State submits to the Com17 mission, at such time and in such form as the Commission 

18 may require, an application containing— 

19 (1) a description of the State’s plan under sub20 section (a); 

21 (2) a description of the performance measures 

22 and targets the State will use to determine its suc23 cess in carrying out the plan; and 

24 (3) such other information and assurances as 

25 the Commission may require. 


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1 (c) PERIOD OF GRANT; REPORT.— 

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

3 grant under this section shall use the funds provided 

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

5 the State and the Commission. 

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

7 the end of the 2-year period agreed to under para8 graph (1), the State shall submit to the Commission 

9 a report on the activities the State carried out with 

10 the funds provided by the grant, and shall include 

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

12 State met the performance measures and targets in13 cluded in its application under subsection (b)(2). 

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

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

16 of Columbia. 

17 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated for grants under this 

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

20 SEC. 1055. PERMISSION TO PLACE EXHIBITS. 

21 The Secretary of Homeland Security shall implement 

22 procedures to allow the chief election officer of a State 

23 to provide information about voter registration, including 

24 through a display or exhibit, after the conclusion of an 

25 administrative naturalization ceremony in that State. 


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1 SEC. 1056. REQUIRING STATES TO ESTABLISH AND OPER2 ATE VOTER PRIVACY PROGRAMS. 

3 (a) IN GENERAL.—Each State shall establish and op4 erate a privacy program to enable victims of domestic vio5 lence, dating violence, stalking, sexual assault, and traf6 ficking to have personally identifiable information that the 

7 State or local election officials maintain with respect to 

8 an individual voter registration status for purposes of elec9 tions for Federal office in the State, including addresses, 

10 be kept confidential. 

11 (b) NOTICE.—Each State shall notify residents of 

12 that State of the information that State and local election 

13 officials maintain with respect to an individual voter reg14 istration status for purposes of elections for Federal office 

15 in the State, how that information is shared or sold and 

16 with whom, what information is automatically kept con17 fidential, what information is needed to access voter infor18 mation online, and the privacy programs that are avail19 able. 

20 (c) PUBLIC AVAILABILITY.—Each State shall make 

21 information about the program established under sub22 section (a) available on a publicly accessible website. 

23 (d) DEFINITIONS.—In this section: 

24 (1) The terms ‘‘domestic violence’’, ‘‘stalking’’, 

25 ‘‘sexual assault’’, and ‘‘dating violence’’ have the 

26 meanings given such terms in section 40002 of the 


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1 Violence Against Women Act of 1994 (34 U.S.C. 

2 12291). 

3 (2) The term ‘‘trafficking’’ means an act or 

4 practice described in paragraph (11) or (12) of sec5 tion 103 of the Trafficking Victims Protection Act 

6 of 2000 (22 U.S.C. 7102). 

7 SEC. 1057. INCLUSION OF VOTER REGISTRATION INFORMA8 TION WITH CERTAIN LEASES AND VOUCHERS 

9 FOR FEDERALLY ASSISTED RENTAL HOUSING 

10 AND MORTGAGE APPLICATIONS. 

11 (a) DEVELOPMENT OF UNIFORM STATEMENT.—The 

12 Director of the Bureau of Consumer Financial Protection, 

13 in coordination with the Election Assistance Commission, 

14 shall develop a uniform statement designed to provide re15 cipients of such statement pursuant to this section of how 

16 they can register to vote and their voting rights under law. 

17 (b) LEASES AND VOUCHERS FOR FEDERALLY AS18 SISTED RENTAL HOUSING.—The Secretary of Housing 

19 and Urban Development shall require— 

20 (1) each public housing agency to provide a 

21 copy of the uniform statement developed pursuant to 

22 subsection (a) to each lessee of a dwelling unit in 

23 public housing administered by such agency— 


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1 (A) together with the lease for such a 

2 dwelling unit, at the same time such lease is 

3 provided to the lessee; and 

4 (B) together with any income verification 

5 form, at the same time such form is provided 

6 to the lessee; 

7 (2) each public housing agency that administers 

8 rental assistance under the Housing Choice Voucher 

9 program under section 8(o) of the United States 

10 Housing Act of 1937 (42 U.S.C. 1437f(o)), includ11 ing the program under paragraph (13) of such sec12 tion 8(o), to provide a copy of the uniform statement 

13 developed pursuant to subsection (a) to each assisted 

14 family or individual— 

15 (A) together with the voucher for such as16 sistance, at the time such voucher is issued for 

17 such family or individual; and 

18 (B) together with any income verification 

19 form, at the same time such form is provided 

20 to the applicant or assisted family or individual; 

21 and 

22 (3) each owner of a dwelling unit assisted with 

23 Federal project-based rental assistance to provide a 

24 copy of the uniform statement developed pursuant to 


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1 subsection (a) to provide to the lessee of such dwell2 ing unit— 

3 (A) together with the lease for such dwell4 ing unit, at the same time such form is pro5 vided to the lessee; and 

6 (B) together with any income verification 

7 form, at the same time such form is provided 

8 to the applicant or tenant; 

9 except that the Secretary of Agriculture shall admin10 ister the requirement under this paragraph with re11 spect to Federal project-based rental assistance 

12 specified in subsection (e)(1)(D). 

13 (c) APPLICATIONS FOR RESIDENTIAL MORTGAGE

14 LOANS.—The Director of the Bureau of Consumer Finan15 cial Protection shall require each creditor that receives an 

16 application (within the meaning of such term as used in 

17 the Equal Credit Opportunity Act (15 U.S.C. 1691)) for 

18 a residential mortgage loan to provide a copy of the uni19 form statement developed pursuant to subsection (a) in 

20 written form to the applicant for such residential mort21 gage loan, within 5 business days of the date of applica22 tion. 

23 (d) OPTIONAL COMPLETION OF APPLICATION.— 

24 Nothing in this section may be construed to require any 


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1 individual to complete an application for voter registra2 tion. 

3 (e) DEFINITIONS.—As used in this section: 

4 (1) FEDERAL PROJECT-BASED RENTAL ASSIST5 ANCE.—The term ‘‘Federal project-based rental as6 sistance’’ means project-based rental assistance pro7 vided under— 

8 (A) section 8 of the United States Housing 

9 Act of 1937 (42 U.S.C. 1437f); 

10 (B) section 202 of the Housing Act of 

11 1959 (12 U.S.C. 1701q); 

12 (C) section 811 of the Cranston-Gonzalez 

13 National Affordable Housing Act (42 U.S.C. 

14 8013); 

15 (D) title V of the Housing Act of 1949 (42 

16 U.S.C. 1471 et seq.), including voucher assist17 ance under section 542 of such title (42 U.S.C. 

18 1490r); 

19 (E) subtitle D of title VIII of the Cran20 ston-Gonzalez National Affordable Housing Act 

21 (42 U.S.C. 12901 et seq.); 

22 (F) title II of the Cranston-Gonzalez Na23 tional Affordable Housing Act (42 U.S.C. 

24 12721 et seq.); 


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1 (G) the Housing Trust Fund program 

2 under section 1338 of the federal Housing En3 terprises Financial Safety and Soundness Act 

4 of 1992 (12 U.S.C. 4588); or 

5 (H) subtitle C of title IV of the McKinney6 Vento Homeless Assistance Act (42 U.S.C. 

7 11381 et seq.). 

8 (2) OWNER.—The term ‘‘owner’’ has the mean9 ing given such term in section 8(f) of the United 

10 States Housing Act of 1937 (42 U.S.C. 1437f(f)). 

11 (3) PUBLIC HOUSING; PUBLIC HOUSING AGEN12 CY.—The terms ‘‘public housing’’ and ‘‘public hous13 ing agency’’ have the meanings given such terms in 

14 section 3(b) of the United States Housing Act of 

15 1937 (42 U.S.C. 1437a(b)). 

16 (4) RESIDENTIAL MORTGAGE LOAN.—The term 

17 ‘‘residential mortgage loan’’ includes any loan which 

18 is secured by a first or subordinate lien on residen19 tial real property (including individual units of con20 dominiums and cooperatives) designed principally for 

21 the occupancy of from 1- to 4- families. 

22 (f) REGULATIONS.—The Secretary of Housing and 

23 Urban Development, the Secretary of Agriculture, and the 

24 Director of the Consumer Financial Protection Bureau 


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1 may issue such regulations as may be necessary to carry 

2 out this section. 

3 PART 6—AVAILABILITY OF HAVA REQUIREMENTS 

4 PAYMENTS 

5 SEC. 1061. AVAILABILITY OF REQUIREMENTS PAYMENTS 

6 UNDER HAVA TO COVER COSTS OF COMPLI7 ANCE WITH NEW REQUIREMENTS. 

8 (a) IN GENERAL.—Section 251(b) of the Help Amer9 ica Vote Act of 2002 (52 U.S.C. 21001(b)) is amended— 

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

11 in paragraphs (2) and (3)’’ and inserting ‘‘as other12 wise provided in this subsection’’; and 

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

14 paragraph: 

15 ‘‘(4) CERTAIN VOTER REGISTRATION ACTIVI16 TIES.—A State may use a requirements payment to 

17 carry out any of the requirements of the Voter Reg18 istration Modernization Act of 2021, including the 

19 requirements of the National Voter Registration Act 

20 of 1993 which are imposed pursuant to the amend21 ments made to such Act by the Voter Registration 

22 Modernization Act of 2021.’’. 

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

24 of such Act (52 U.S.C. 21004(a)(1)) is amended by strikVerDate Sep 11 2014 00:08 Feb 08, 2022 Jkt 029200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RDS H1

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1 ing ‘‘section 251(a)(2)’’ and inserting ‘‘section 

2 251(b)(2)’’. 

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

4 this section shall apply with respect to fiscal year 2022 

5 and each succeeding fiscal year. 

6 PART 7—PROHIBITING INTERFERENCE WITH 

7 VOTER REGISTRATION 

8 SEC. 1071. PROHIBITING HINDERING, INTERFERING WITH, 

9 OR PREVENTING VOTER REGISTRATION. 

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

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

12 new section: 

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

14 registering to vote 

15 ‘‘(a) PROHIBITION.—It shall be unlawful for any per16 son, whether acting under color of law or otherwise, to 

17 corruptly hinder, interfere with, or prevent another person 

18 from registering to vote or to corruptly hinder, interfere 

19 with, or prevent another person from aiding another per20 son in registering to vote. 

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

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

23 the same penalties as those prescribed for the offense that 

24 the person attempted to commit. 


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

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

3 than 5 years, or both.’’. 

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

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

6 by adding at the end the following new item: 

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

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

8 this section shall apply with respect to elections held on 

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

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

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

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

13 enactment of this Act. 

14 SEC. 1072. ESTABLISHMENT OF BEST PRACTICES. 

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

16 the date of the enactment of this Act, the Election Assist17 ance Commission shall develop and publish recommenda18 tions for best practices for States to use to deter and pre19 vent violations of section 612 of title 18, United States 

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

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

22 20511) (relating to the unlawful interference with reg23 istering to vote, or voting, or attempting to register to vote 

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

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1 tion agencies under such Act, the training of poll workers 

2 and election officials, and relevant educational materials. 

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

4 the District of Columbia, the Commonwealth of Puerto 

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

6 Islands, and the Commonwealth of the Northern Mariana 

7 Islands. 

8 (b) INCLUSION IN VOTER INFORMATION REQUIRE9 MENTS.—Section 302(b)(2) of the Help America Vote Act 

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

11 (1) by striking ‘‘and’’ at the end of subpara12 graph (E); 

13 (2) by striking the period at the end of sub14 paragraph (F) and inserting ‘‘; and’’; and 

15 (3) by adding at the end the following new sub16 paragraph: 

17 ‘‘(G) information relating to the prohibi18 tions of section 612 of title 18, United States 

19 Code, and section 12 of the National Voter 

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

21 (relating to the unlawful interference with reg22 istering to vote, or voting, or attempting to reg23 ister to vote or vote), including information on 

24 how individuals may report allegations of viola25 tions of such prohibitions.’’. 


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1 PART 8—VOTER REGISTRATION EFFICIENCY ACT 

2 SEC. 1081. SHORT TITLE. 

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

4 Efficiency Act’’. 

5 SEC. 1082. REQUIRING APPLICANTS FOR MOTOR VEHICLE 

6 DRIVER’S LICENSES IN NEW STATE TO INDI7 CATE WHETHER STATE SERVES AS RESI8 DENCE FOR VOTER REGISTRATION PUR9 POSES. 

10 (a) REQUIREMENTS FOR APPLICANTS FOR LI11 CENSES.—Section 5(d) of the National Voter Registration 

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

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

14 ‘‘(1) Any change’’; and 

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

16 paragraph: 

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

18 require each individual applying for a motor vehicle 

19 driver’s license in the State— 

20 ‘‘(i) to indicate whether the individual 

21 resides in another State or resided in an22 other State prior to applying for the li23 cense, and, if so, to identify the State in24 volved; and 

25 ‘‘(ii) to indicate whether the individual 

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1 vidual’s residence for purposes of reg2 istering to vote in elections for Federal of3 fice. 

4 ‘‘(B) If pursuant to subparagraph (A)(ii) 

5 an individual indicates to the State motor vehi6 cle authority that the individual intends for the 

7 State to serve as the individual’s residence for 

8 purposes of registering to vote in elections for 

9 Federal office, the authority shall notify the 

10 motor vehicle authority of the State identified 

11 by the individual pursuant to subparagraph 

12 (A)(i), who shall notify the chief State election 

13 official of such State that the individual no 

14 longer intends for that State to serve as the in15 dividual’s residence for purposes of registering 

16 to vote in elections for Federal office.’’. 

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

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

19 occurring in 2021 or any succeeding year. 


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1 PART 9—PROVIDING VOTER REGISTRATION IN2 FORMATION TO SECONDARY SCHOOL STU3 DENTS 

4 SEC. 1091. PILOT PROGRAM FOR PROVIDING VOTER REG5 ISTRATION INFORMATION TO SECONDARY 

6 SCHOOL STUDENTS PRIOR TO GRADUATION. 

7 (a) PILOT PROGRAM.—The Election Assistance Com8 mission (hereafter in this part referred to as the ‘‘Commis9 sion’’) shall carry out a pilot program under which the 

10 Commission shall provide funds during the 1-year period 

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

12 eligible local educational agencies for initiatives to provide 

13 information on registering to vote in elections for public 

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

15 (b) ELIGIBILITY.—A local educational agency is eligi16 ble to receive funds under the pilot program under this 

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

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

19 an application containing— 

20 (1) a description of the initiatives the agency 

21 intends to carry out with the funds; 

22 (2) a description of how the agency will 

23 prioritize access to such initiatives for schools that 

24 serve— 

25 (A) the highest numbers or percentages of 

26 students counted under section 1124(c) of the 


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1 Elementary and Secondary Education Act of 

2 1965 (20 U.S.C. 6333(c)); and 

3 (B) the highest percentages of students 

4 who are eligible for a free or reduced price 

5 lunch under the Richard B. Russell National 

6 School Lunch Act (42 U.S.C. 1751 et seq.) 

7 (which, in the case of a high school, may be cal8 culated using comparable data from the schools 

9 that feed into the high school), as compared to 

10 other public schools in the jurisdiction of the 

11 agency; 

12 (3) an estimate of the costs associated with 

13 such initiatives; and 

14 (4) such other information and assurances as 

15 the Commission may require. 

16 (c) PRIORITY FOR SCHOOLS RECEIVING TITLE I 

17 FUNDS.—In selecting among eligible local educational 

18 agencies for receiving funds under the pilot program under 

19 this part, the Commission shall give priority to local edu20 cational agencies that receive funds under part A of title 

21 I of the Elementary and Secondary Education Act of 1965 

22 (20 U.S.C. 6311 et seq.). 

23 (d) CONSULTATION WITH ELECTION OFFICIALS.—A 

24 local educational agency receiving funds under the pilot 

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1 ficials who are responsible for administering elections for 

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

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

4 (e) DEFINITIONS.—In this part, the terms ‘‘local edu5 cational agency’’ and ‘‘secondary school’’ have the mean6 ings given such terms in section 8101 of the Elementary 

7 and Secondary Education Act of 1965 (20 U.S.C. 7801). 

8 SEC. 1092. REPORTS. 

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

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

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

12 agency receiving funds under the pilot program under this 

13 part shall submit a report to the Commission describing 

14 the initiatives carried out with the funds and analyzing 

15 their effectiveness. 

16 (b) REPORT BY COMMISSION.—Not later than the ex17 piration of the 60-day period which begins on the date 

18 the Commission receives the final report submitted by a 

19 local educational agency under subsection (a), the Com20 mission shall submit a report to Congress on the pilot pro21 gram under this part. 

22 SEC. 1093. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated such sums 

24 as may be necessary to carry out this part. 


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1 PART 10—VOTER REGISTRATION OF MINORS 

2 SEC. 1094. ACCEPTANCE OF VOTER REGISTRATION APPLI3 CATIONS FROM INDIVIDUALS UNDER 18 

4 YEARS OF AGE. 

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

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

7 20507), as amended by section 1004, is amended— 

8 (1) by redesignating subsection (k) as sub9 section (l); and 

10 (2) by inserting after subsection (j) the fol11 lowing new subsection: 

12 ‘‘(k) ACCEPTANCE OF APPLICATIONS FROM INDIVID13 UALS UNDER 18 YEARS OF AGE.— 

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

15 accept or process an individual’s application to reg16 ister to vote in elections for Federal office on the 

17 grounds that the individual is under 18 years of age 

18 at the time the individual submits the application, so 

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

20 such time. 

21 ‘‘(2) NO EFFECT ON STATE VOTING AGE RE22 QUIREMENTS.—Nothing in paragraph (1) may be 

23 construed to require a State to permit an individual 

24 who is under 18 years of age at the time of an elec25 tion for Federal office to vote in the election.’’. 


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

2 subsection (a) shall apply with respect to elections occur3 ring on or after January 1, 2022. 

4 Subtitle B—Access to Voting for 

5 Individuals With Disabilities 

6 SEC. 1101. REQUIREMENTS FOR STATES TO PROMOTE AC7 CESS TO VOTER REGISTRATION AND VOTING 

8 FOR INDIVIDUALS WITH DISABILITIES. 

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

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

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

12 (1) by redesignating sections 305 and 306 as 

13 sections 306 and 307; and 

14 (2) by inserting after section 304 the following 

15 new section: 

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

17 FOR INDIVIDUALS WITH DISABILITIES. 

18 ‘‘(a) TREATMENT OF APPLICATIONS AND BAL19 LOTS.—Each State shall— 

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

21 absentee registration procedures and to vote by ab22 sentee ballot in elections for Federal office; 

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

24 election for Federal office, any otherwise valid voter 

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1 tion from an individual with a disability if the appli2 cation is received by the appropriate State election 

3 official within the deadline for the election which is 

4 applicable under Federal law; 

5 ‘‘(3) in addition to any other method of reg6 istering to vote or applying for an absentee ballot in 

7 the State, establish procedures— 

8 ‘‘(A) for individuals with disabilities to re9 quest by mail and electronically voter registra10 tion applications and absentee ballot applica11 tions with respect to elections for Federal office 

12 in accordance with subsection (c); 

13 ‘‘(B) for States to send by mail and elec14 tronically (in accordance with the preferred 

15 method of transmission designated by the indi16 vidual under subparagraph (C)) voter registra17 tion applications and absentee ballot applica18 tions requested under subparagraph (A) in ac19 cordance with subsection (c)); and 

20 ‘‘(C) by which such an individual can des21 ignate whether the individual prefers that such 

22 voter registration application or absentee ballot 

23 application be transmitted by mail or electroni24 cally; 


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1 ‘‘(4) in addition to any other method of trans2 mitting blank absentee ballots in the State, establish 

3 procedures for transmitting by mail and electroni4 cally blank absentee ballots to individuals with dis5 abilities with respect to elections for Federal office 

6 in accordance with subsection (d); 

7 ‘‘(5) transmit a validly requested absentee bal8 lot to an individual with a disability— 

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

10 in the case in which the request is received at 

11 least 45 days before an election for Federal of12 fice, not later than 45 days before the election; 

13 and 

14 ‘‘(B) in the case in which the request is re15 ceived less than 45 days before an election for 

16 Federal office— 

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

18 ‘‘(ii) if practicable and as determined 

19 appropriate by the State, in a manner that 

20 expedites the transmission of such absen21 tee ballot; and 

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

23 runoff election for Federal office, establish a written 

24 plan that provides absentee ballots are made avail25 able to individuals with disabilities in a manner that 


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1 gives them sufficient time to vote in the runoff elec2 tion. 

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

4 PROVIDE INFORMATION ON REGISTRATION AND ABSEN5 TEE BALLOT PROCEDURES FOR ALL DISABLED VOTERS

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

7 which shall be responsible for providing information re8 garding voter registration procedures and absentee ballot 

9 procedures to be used by individuals with disabilities with 

10 respect to elections for Federal office to all individuals 

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

12 any jurisdiction in the State. 

13 ‘‘(c) DESIGNATION OF MEANS OF ELECTRONIC COM14 MUNICATION FOR INDIVIDUALS WITH DISABILITIES TO

15 REQUEST AND FOR STATES TO SEND VOTER REGISTRA16 TION APPLICATIONS AND ABSENTEE BALLOT APPLICA17 TIONS, AND FOR OTHER PURPOSES RELATED TO VOTING

18 INFORMATION.— 

19 ‘‘(1) IN GENERAL.—Each State shall, in addi20 tion to the designation of a single State office under 

21 subsection (b), designate not less than 1 means of 

22 electronic communication— 

23 ‘‘(A) for use by individuals with disabilities 

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1 tion applications and absentee ballot applica2 tions under subsection (a)(3); 

3 ‘‘(B) for use by States to send voter reg4 istration applications and absentee ballot appli5 cations requested under such subsection; and 

6 ‘‘(C) for the purpose of providing related 

7 voting, balloting, and election information to in8 dividuals with disabilities. 

9 ‘‘(2) CLARIFICATION REGARDING PROVISION OF

10 MULTIPLE MEANS OF ELECTRONIC COMMUNICA11 TION.—A State may, in addition to the means of 

12 electronic communication so designated, provide 

13 multiple means of electronic communication to indi14 viduals with disabilities, including a means of elec15 tronic communication for the appropriate jurisdic16 tion of the State. 

17 ‘‘(3) INCLUSION OF DESIGNATED MEANS OF

18 ELECTRONIC COMMUNICATION WITH INFORMA19 TIONAL AND INSTRUCTIONAL MATERIALS THAT AC20 COMPANY BALLOTING MATERIALS.—Each State shall 

21 include a means of electronic communication so des22 ignated with all informational and instructional ma23 terials that accompany balloting materials sent by 

24 the State to individuals with disabilities. 


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1 ‘‘(4) TRANSMISSION IF NO PREFERENCE INDI2 CATED.—In the case where an individual with a dis3 ability does not designate a preference under sub4 section (a)(3)(C), the State shall transmit the voter 

5 registration application or absentee ballot application 

6 by any delivery method allowable in accordance with 

7 applicable State law, or if there is no applicable 

8 State law, by mail. 

9 ‘‘(d) TRANSMISSION OF BLANK ABSENTEE BALLOTS

10 BY MAIL AND ELECTRONICALLY.— 

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

12 procedures— 

13 ‘‘(A) to securely transmit blank absentee 

14 ballots by mail and electronically (in accordance 

15 with the preferred method of transmission des16 ignated by the individual with a disability under 

17 subparagraph (B)) to individuals with disabil18 ities for an election for Federal office; and 

19 ‘‘(B) by which the individual with a dis20 ability can designate whether the individual pre21 fers that such blank absentee ballot be trans22 mitted by mail or electronically. 

23 ‘‘(2) TRANSMISSION IF NO PREFERENCE INDI24 CATED.—In the case where an individual with a dis25 ability does not designate a preference under paraVerDate Sep 11 2014 00:08 Feb 08, 2022 Jkt 029200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RDS H1

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1 graph (1)(B), the State shall transmit the ballot by 

2 any delivery method allowable in accordance with ap3 plicable State law, or if there is no applicable State 

4 law, by mail. 

5 ‘‘(3) APPLICATION OF METHODS TO TRACK DE6 LIVERY TO AND RETURN OF BALLOT BY INDIVIDUAL

7 REQUESTING BALLOT.—Under the procedures estab8 lished under paragraph (1), the State shall apply 

9 such methods as the State considers appropriate, 

10 such as assigning a unique identifier to the ballot, 

11 to ensure that if an individual with a disability re12 quests the State to transmit a blank absentee ballot 

13 to the individual in accordance with this subsection, 

14 the voted absentee ballot which is returned by the 

15 individual is the same blank absentee ballot which 

16 the State transmitted to the individual. 

17 ‘‘(e) HARDSHIP EXEMPTION.— 

18 ‘‘(1) IN GENERAL.—If the chief State election 

19 official determines that the State is unable to meet 

20 the requirement under subsection (a)(5)(A) with re21 spect to an election for Federal office due to an 

22 undue hardship described in paragraph (2)(B), the 

23 chief State election official shall request that the At24 torney General grant a waiver to the State of the 


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1 application of such subsection. Such request shall in2 clude— 

3 ‘‘(A) a recognition that the purpose of 

4 such subsection is to individuals with disabil5 ities enough time to vote in an election for Fed6 eral office; 

7 ‘‘(B) an explanation of the hardship that 

8 indicates why the State is unable to transmit 

9 such individuals an absentee ballot in accord10 ance with such subsection; 

11 ‘‘(C) the number of days prior to the elec12 tion for Federal office that the State requires 

13 absentee ballots be transmitted to such individ14 uals; and 

15 ‘‘(D) a comprehensive plan to ensure that 

16 such individuals are able to receive absentee 

17 ballots which they have requested and submit 

18 marked absentee ballots to the appropriate 

19 State election official in time to have that ballot 

20 counted in the election for Federal office, which 

21 includes— 

22 ‘‘(i) the steps the State will undertake 

23 to ensure that such individuals have time 

24 to receive, mark, and submit their ballots 


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1 in time to have those ballots counted in the 

2 election; 

3 ‘‘(ii) why the plan provides such indi4 viduals sufficient time to vote as a sub5 stitute for the requirements under such 

6 subsection; and 

7 ‘‘(iii) the underlying factual informa8 tion which explains how the plan provides 

9 such sufficient time to vote as a substitute 

10 for such requirements. 

11 ‘‘(2) APPROVAL OF WAIVER REQUEST.—The 

12 Attorney General shall approve a waiver request 

13 under paragraph (1) if the Attorney General deter14 mines each of the following requirements are met: 

15 ‘‘(A) The comprehensive plan under sub16 paragraph (D) of such paragraph provides indi17 viduals with disabilities sufficient time to re18 ceive absentee ballots they have requested and 

19 submit marked absentee ballots to the appro20 priate State election official in time to have that 

21 ballot counted in the election for Federal office. 

22 ‘‘(B) One or more of the following issues 

23 creates an undue hardship for the State: 


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1 ‘‘(i) The State’s primary election date 

2 prohibits the State from complying with 

3 subsection (a)(5)(A). 

4 ‘‘(ii) The State has suffered a delay in 

5 generating ballots due to a legal contest. 

6 ‘‘(iii) The State Constitution prohibits 

7 the State from complying with such sub8 section. 

9 ‘‘(3) TIMING OF WAIVER.— 

10 ‘‘(A) IN GENERAL.—Except as provided 

11 under subparagraph (B), a State that requests 

12 a waiver under paragraph (1) shall submit to 

13 the Attorney General the written waiver request 

14 not later than 90 days before the election for 

15 Federal office with respect to which the request 

16 is submitted. The Attorney General shall ap17 prove or deny the waiver request not later than 

18 65 days before such election. 

19 ‘‘(B) EXCEPTION.—If a State requests a 

20 waiver under paragraph (1) as the result of an 

21 undue hardship described in paragraph 

22 (2)(B)(ii), the State shall submit to the Attor23 ney General the written waiver request as soon 

24 as practicable. The Attorney General shall ap25 prove or deny the waiver request not later than 


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1 5 business days after the date on which the re2 quest is received. 

3 ‘‘(4) APPLICATION OF WAIVER.—A waiver ap4 proved under paragraph (2) shall only apply with re5 spect to the election for Federal office for which the 

6 request was submitted. For each subsequent election 

7 for Federal office, the Attorney General shall only 

8 approve a waiver if the State has submitted a re9 quest under paragraph (1) with respect to such elec10 tion. 

11 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec12 tion may be construed to allow the marking or casting of 

13 ballots over the internet. 

14 ‘‘(g) INDIVIDUAL WITH A DISABILITY DEFINED.— 

15 In this section, an ‘individual with a disability’ means an 

16 individual with an impairment that substantially limits 

17 any major life activities and who is otherwise qualified to 

18 vote in elections for Federal office. 

19 ‘‘(h) EFFECTIVE DATE.—This section shall apply 

20 with respect to elections for Federal office held on or after 

21 January 1, 2022.’’. 

22 (b) CONFORMING AMENDMENT RELATING TO

23 ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION AS24 SISTANCE COMMISSION.— 


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1 (1) TIMING OF ISSUANCE.—Section 311(b) of 

2 such Act (52 U.S.C. 21101(b)) is amended— 

3 (A) by striking ‘‘and’’ at the end of para4 graph (2); 

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

6 paragraph (3) and inserting ‘‘; and’’; and 

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

8 paragraph: 

9 ‘‘(4) in the case of the recommendations with 

10 respect to section 305, January 1, 2022.’’. 

11 (2) REDESIGNATION.—Title III of such Act (52 

12 U.S.C. 21081 et seq.) is amended by redesignating 

13 sections 311 and 312 as sections 321 and 322. 

14 (c) CLERICAL AMENDMENTS.—The table of contents 

15 of such Act, as amended by section 1031(c)), is amend16 ed— 

17 (1) by redesignating the items relating to sec18 tions 305 and 306 as relating to sections 306 and 

19 307; 

20 (2) by inserting after the item relating to sec21 tion 304 the following new item: 

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

22 and 


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1 (3) by redesignating the items relating to sec2 tions 311 and 312 as relating to sections 321 and 

3 322. 

4 SEC. 1102. EXPANSION AND REAUTHORIZATION OF GRANT 

5 PROGRAM TO ASSURE VOTING ACCESS FOR 

6 INDIVIDUALS WITH DISABILITIES. 

7 (a) PURPOSES OF PAYMENTS.—Section 261(b) of the 

8 Help America Vote Act of 2002 (52 U.S.C. 21021(b)) is 

9 amended by striking paragraphs (1) and (2) and inserting 

10 the following: 

11 ‘‘(1) making absentee voting and voting at 

12 home accessible to individuals with the full range of 

13 disabilities (including impairments involving vision, 

14 hearing, mobility, or dexterity) through the imple15 mentation of accessible absentee voting systems that 

16 work in conjunction with assistive technologies for 

17 which individuals have access at their homes, inde18 pendent living centers, or other facilities; 

19 ‘‘(2) making polling places, including the path 

20 of travel, entrances, exits, and voting areas of each 

21 polling facility, accessible to individuals with disabil22 ities, including the blind and visually impaired, in a 

23 manner that provides the same opportunity for ac24 cess and participation (including privacy and inde25 pendence) as for other voters; and 


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1 ‘‘(3) providing solutions to problems of access 

2 to voting and elections for individuals with disabil3 ities that are universally designed and provide the 

4 same opportunities for individuals with and without 

5 disabilities.’’. 

6 (b) REAUTHORIZATION.—Section 264(a) of such Act 

7 (52 U.S.C. 21024(a)) is amended by adding at the end 

8 the following new paragraph: 

9 ‘‘(4) For fiscal year 2022 and each succeeding 

10 fiscal year, such sums as may be necessary to carry 

11 out this part.’’. 

12 (c) PERIOD OF AVAILABILITY OF FUNDS.—Section 

13 264 of such Act (52 U.S.C. 21024) is amended— 

14 (1) in subsection (b), by striking ‘‘Any 

15 amounts’’ and inserting ‘‘Except as provided in sub16 section (b), any amounts’’; and 

17 (2) by adding at the end the following new sub18 section: 

19 ‘‘(c) RETURN AND TRANSFER OF CERTAIN FUNDS.— 

20 ‘‘(1) DEADLINE FOR OBLIGATION AND EXPEND21 ITURE.—In the case of any amounts appropriated 

22 pursuant to the authority of subsection (a) for a 

23 payment to a State or unit of local government for 

24 fiscal year 2022 or any succeeding fiscal year, any 

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1 gated or expended by the State or unit of local gov2 ernment prior to the expiration of the 4-year period 

3 which begins on the date the State or unit of local 

4 government first received the amounts shall be 

5 transferred to the Commission. 

6 ‘‘(2) REALLOCATION OF TRANSFERRED

7 AMOUNTS.— 

8 ‘‘(A) IN GENERAL.—The Commission shall 

9 use the amounts transferred under paragraph 

10 (1) to make payments on a pro rata basis to 

11 each covered payment recipient described in 

12 subparagraph (B), which may obligate and ex13 pend such payment for the purposes described 

14 in section 261(b) during the 1-year period 

15 which begins on the date of receipt. 

16 ‘‘(B) COVERED PAYMENT RECIPIENTS DE17 SCRIBED.—In subparagraph (A), a ‘covered 

18 payment recipient’ is a State or unit of local 

19 government with respect to which— 

20 ‘‘(i) amounts were appropriated pur21 suant to the authority of subsection (a); 

22 and 

23 ‘‘(ii) no amounts were transferred to 

24 the Commission under paragraph (1).’’. 


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1 SEC. 1103. PILOT PROGRAMS FOR ENABLING INDIVIDUALS 

2 WITH DISABILITIES TO REGISTER TO VOTE 

3 PRIVATELY AND INDEPENDENTLY AT RESI4 DENCES. 

5 (a) ESTABLISHMENT OF PILOT PROGRAMS.—The 

6 Election Assistance Commission (hereafter referred to as 

7 the ‘‘Commission’’) shall, subject to the availability of ap8 propriations to carry out this section, make grants to eligi9 ble States to conduct pilot programs under which individ10 uals with disabilities may use electronic means (including 

11 the internet and telephones utilizing assistive devices) to 

12 register to vote and to request and receive absentee ballots 

13 in a manner which permits such individuals to do so pri14 vately and independently at their own residences. 

15 (b) REPORTS.— 

16 (1) IN GENERAL.—A State receiving a grant for 

17 a year under this section shall submit a report to the 

18 Commission on the pilot programs the State carried 

19 out with the grant with respect to elections for pub20 lic office held in the State during the year. 

21 (2) DEADLINE.—A State shall submit a report 

22 under paragraph (1) not later than 90 days after 

23 the last election for public office held in the State 

24 during the year. 

25 (c) ELIGIBILITY.—A State is eligible to receive a 

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

2 may require, an application containing such information 

3 and assurances as the Commission may require. 

4 (d) TIMING.—The Commission shall make the first 

5 grants under this section for pilot programs which will be 

6 in effect with respect to elections for Federal office held 

7 in 2022, or, at the option of a State, with respect to other 

8 elections for public office held in the State in 2022. 

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

10 ‘‘State’’ includes the District of Columbia, the Common11 wealth of Puerto Rico, Guam, American Samoa, the 

12 United States Virgin Islands, and the Commonwealth of 

13 the Northern Mariana Islands. 

14 SEC. 1104. GAO ANALYSIS AND REPORT ON VOTING ACCESS 

15 FOR INDIVIDUALS WITH DISABILITIES. 

16 (a) ANALYSIS.—The Comptroller General of the 

17 United States shall conduct an analysis after each regu18 larly scheduled general election for Federal office with re19 spect to the following: 

20 (1) In relation to polling places located in 

21 houses of worship or other facilities that may be ex22 empt from accessibility requirements under the 

23 Americans with Disabilities Act— 

24 (A) efforts to overcome accessibility chal25 lenges posed by such facilities; and 


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1 (B) the extent to which such facilities are 

2 used as polling places in elections for Federal 

3 office. 

4 (2) Assistance provided by the Election Assist5 ance Commission, Department of Justice, or other 

6 Federal agencies to help State and local officials im7 prove voting access for individuals with disabilities 

8 during elections for Federal office. 

9 (3) When accessible voting machines are avail10 able at a polling place, the extent to which such ma11 chines— 

12 (A) are located in places that are difficult 

13 to access; 

14 (B) malfunction; or 

15 (C) fail to provide sufficient privacy to en16 sure that the ballot of the individual cannot be 

17 seen by another individual. 

18 (4) The process by which Federal, State, and 

19 local governments track compliance with accessibility 

20 requirements related to voting access, including 

21 methods to receive and address complaints. 

22 (5) The extent to which poll workers receive 

23 training on how to assist individuals with disabil24 ities, including the receipt by such poll workers of 


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1 information on legal requirements related to voting 

2 rights for individuals with disabilities. 

3 (6) The extent and effectiveness of training pro4 vided to poll workers on the operation of accessible 

5 voting machines. 

6 (7) The extent to which individuals with a de7 velopmental or psychiatric disability experience 

8 greater barriers to voting, and whether poll worker 

9 training adequately addresses the needs of such indi10 viduals. 

11 (8) The extent to which State or local govern12 ments employ, or attempt to employ, individuals 

13 with disabilities to work at polling sites. 

14 (b) REPORT.— 

15 (1) IN GENERAL.—Not later than 9 months 

16 after the date of a regularly scheduled general elec17 tion for Federal office, the Comptroller General shall 

18 submit to the appropriate congressional committees 

19 a report with respect to the most recent regularly 

20 scheduled general election for Federal office that 

21 contains the following: 

22 (A) The analysis required by subsection 

23 (a). 

24 (B) Recommendations, as appropriate, to 

25 promote the use of best practices used by State 


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1 and local officials to address barriers to accessi2 bility and privacy concerns for individuals with 

3 disabilities in elections for Federal office. 

4 (2) APPROPRIATE CONGRESSIONAL COMMIT5 TEES.—For purposes of this subsection, the term 

6 ‘‘appropriate congressional committees’’ means— 

7 (A) the Committee on House Administra8 tion of the House of Representatives; 

9 (B) the Committee on Rules and Adminis10 tration of the Senate; 

11 (C) the Committee on Appropriations of 

12 the House of Representatives; and 

13 (D) the Committee on Appropriations of 

14 the Senate. 

15 Subtitle C—Prohibiting Voter 

16 Caging 

17 SEC. 1201. VOTER CAGING AND OTHER QUESTIONABLE 

18 CHALLENGES PROHIBITED. 

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

20 States Code, as amended by section 1071(a), is amended 

21 by adding at the end the following: 

22 ‘‘§ 613. Voter caging and other questionable chal23 lenges 

24 ‘‘(a) DEFINITIONS.—In this section— 

25 ‘‘(1) the term ‘voter caging document’ means— 


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1 ‘‘(A) a nonforwardable document that is 

2 returned to the sender or a third party as unde3 livered or undeliverable despite an attempt to 

4 deliver such document to the address of a reg5 istered voter or applicant; or 

6 ‘‘(B) any document with instructions to an 

7 addressee that the document be returned to the 

8 sender or a third party but is not so returned, 

9 despite an attempt to deliver such document to 

10 the address of a registered voter or applicant, 

11 unless at least two Federal election cycles have 

12 passed since the date of the attempted delivery; 

13 ‘‘(2) the term ‘voter caging list’ means a list of 

14 individuals compiled from voter caging documents; 

15 and 

16 ‘‘(3) the term ‘unverified match list’ means a 

17 list produced by matching the information of reg18 istered voters or applicants for voter registration to 

19 a list of individuals who are ineligible to vote in the 

20 registrar’s jurisdiction, by virtue of death, convic21 tion, change of address, or otherwise; unless one of 

22 the pieces of information matched includes a signa23 ture, photograph, or unique identifying number en24 suring that the information from each source refers 

25 to the same individual. 


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1 ‘‘(b) PROHIBITION AGAINST VOTER CAGING.—No 

2 State or local election official shall prevent an individual 

3 from registering or voting in any election for Federal of4 fice, or permit in connection with any election for Federal 

5 office a formal challenge under State law to an individual’s 

6 registration status or eligibility to vote, if the basis for 

7 such decision is evidence consisting of— 

8 ‘‘(1) a voter caging document or voter caging 

9 list; 

10 ‘‘(2) an unverified match list; 

11 ‘‘(3) an error or omission on any record or 

12 paper relating to any application, registration, or 

13 other act requisite to voting, if such error or omis14 sion is not material to an individual’s eligibility to 

15 vote under section 2004 of the Revised Statutes, as 

16 amended (52 U.S.C. 10101(a)(2)(B)); or 

17 ‘‘(4) any other evidence so designated for pur18 poses of this section by the Election Assistance Com19 mission, 

20 except that the election official may use such evidence if 

21 it is corroborated by independent evidence of the individ22 ual’s ineligibility to register or vote. 

23 ‘‘(c) REQUIREMENTS FOR CHALLENGES BY PERSONS

24 OTHER THAN ELECTION OFFICIALS.— 


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1 ‘‘(1) REQUIREMENTS FOR CHALLENGES.—No 

2 person, other than a State or local election official, 

3 shall submit a formal challenge to an individual’s eli4 gibility to register to vote in an election for Federal 

5 office or to vote in an election for Federal office un6 less that challenge is supported by personal knowl7 edge regarding the grounds for ineligibility which 

8 is— 

9 ‘‘(A) documented in writing; and 

10 ‘‘(B) subject to an oath or attestation 

11 under penalty of perjury that the challenger has 

12 a good faith factual basis to believe that the in13 dividual who is the subject of the challenge is 

14 ineligible to register to vote or vote in that elec15 tion, except a challenge which is based on the 

16 age, race, ethnicity, or national origin of the in17 dividual who is the subject of the challenge may 

18 not be considered to have a good faith factual 

19 basis for purposes of this paragraph. 

20 ‘‘(2) PROHIBITION ON CHALLENGES ON OR

21 NEAR DATE OF ELECTION.—No person, other than 

22 a State or local election official, shall be permitted— 

23 ‘‘(A) to challenge an individual’s eligibility 

24 to vote in an election for Federal office on Elec25 tion Day, or 


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1 ‘‘(B) to challenge an individual’s eligibility 

2 to register to vote in an election for Federal of3 fice or to vote in an election for Federal office 

4 less than 10 days before the election unless the 

5 individual registered to vote less than 20 days 

6 before the election. 

7 ‘‘(d) PENALTIES FOR KNOWING MISCONDUCT.— 

8 Whoever knowingly challenges the eligibility of one or 

9 more individuals to register or vote or knowingly causes 

10 the eligibility of such individuals to be challenged in viola11 tion of this section with the intent that one or more eligi12 ble voters be disqualified, shall be fined under this title 

13 or imprisoned not more than 1 year, or both, for each such 

14 violation. Each violation shall be a separate offense. 

15 ‘‘(e) NO EFFECT ON RELATED LAWS.—Nothing in 

16 this section is intended to override the protections of the 

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

18 20501 et seq.) or to affect the Voting Rights Act of 1965 

19 (52 U.S.C. 10301 et seq.).’’. 

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

21 for chapter 29 of title 18, United States Code, as amended 

22 by section 1071(b), is amended by adding at the end the 

23 following: 

‘‘613. Voter caging and other questionable challenges.’’. 


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1 SEC. 1202. DEVELOPMENT AND ADOPTION OF BEST PRAC2 TICES FOR PREVENTING VOTER CAGING. 

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

4 the date of the enactment of this Act, the Election Assist5 ance Commission shall develop and publish for the use of 

6 States recommendations for best practices to deter and 

7 prevent violations of section 613 of title 18, United States 

8 Code, as added by section 1201(a), including practices to 

9 provide for the posting of relevant information at polling 

10 places and voter registration agencies, the training of poll 

11 workers and election officials, and relevant educational 

12 measures. For purposes of this subsection, the term 

13 ‘‘State’’ includes the District of Columbia, the Common14 wealth of Puerto Rico, Guam, American Samoa, the 

15 United States Virgin Islands, and the Commonwealth of 

16 the Northern Mariana Islands. 

17 (b) INCLUSION IN VOTING INFORMATION REQUIRE18 MENTS.—Section 302(b)(2) of the Help America Vote Act 

19 of 2002 (52 U.S.C. 21082(b)(2)), as amended by section 

20 1072(b), is amended— 

21 (1) by striking ‘‘and’’ at the end of subpara22 graph (F); 

23 (2) by striking the period at the end of sub24 paragraph (G) and inserting ‘‘; and’’; and 

25 (3) by adding at the end the following new sub26 paragraph: 


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1 ‘‘(H) information relating to the prohibi2 tion against voter caging and other questionable 

3 challenges (as set forth in section 613 of title 

4 18, United States Code), including information 

5 on how individuals may report allegations of 

6 violations of such prohibition.’’. 

7 Subtitle D—Prohibiting Deceptive 

8 Practices and Preventing Voter 

9 Intimidation 

10 SEC. 1301. SHORT TITLE. 

11 This subtitle may be cited as the ‘‘Deceptive Prac12 tices and Voter Intimidation Prevention Act of 2021’’. 

13 SEC. 1302. PROHIBITION ON DECEPTIVE PRACTICES IN 

14 FEDERAL ELECTIONS. 

15 (a) PROHIBITION.—Subsection (b) of section 2004 of 

16 the Revised Statutes (52 U.S.C. 10101(b)) is amended— 

17 (1) by striking ‘‘No person’’ and inserting the 

18 following: 

19 ‘‘(1) IN GENERAL.—No person’’; and 

20 (2) by inserting at the end the following new 

21 paragraphs: 

22 ‘‘(2) FALSE STATEMENTS REGARDING FEDERAL

23 ELECTIONS.— 

24 ‘‘(A) PROHIBITION.—No person, whether 

25 acting under color of law or otherwise, shall, 


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1 within 60 days before an election described in 

2 paragraph (5), by any means, including by 

3 means of written, electronic, or telephonic com4 munications, communicate or cause to be com5 municated information described in subpara6 graph (B), or produce information described in 

7 subparagraph (B) with the intent that such in8 formation be communicated, if such person— 

9 ‘‘(i) knows such information to be ma10 terially false; and 

11 ‘‘(ii) has the intent to impede or pre12 vent another person from exercising the 

13 right to vote in an election described in 

14 paragraph (5). 

15 ‘‘(B) INFORMATION DESCRIBED.—Infor16 mation is described in this subparagraph if such 

17 information is regarding— 

18 ‘‘(i) the time, place, or manner of 

19 holding any election described in para20 graph (5); or 

21 ‘‘(ii) the qualifications for or restric22 tions on voter eligibility for any such elec23 tion, including— 


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1 ‘‘(I) any criminal, civil, or other 

2 legal penalties associated with voting 

3 in any such election; or 

4 ‘‘(II) information regarding a 

5 voter’s registration status or eligi6 bility. 

7 ‘‘(3) FALSE STATEMENTS REGARDING PUBLIC

8 ENDORSEMENTS.— 

9 ‘‘(A) PROHIBITION.—No person, whether 

10 acting under color of law or otherwise, shall, 

11 within 60 days before an election described in 

12 paragraph (5), by any means, including by 

13 means of written, electronic, or telephonic com14 munications, communicate, or cause to be com15 municated, a materially false statement about 

16 an endorsement, if such person— 

17 ‘‘(i) knows such statement to be false; 

18 and 

19 ‘‘(ii) has the intent to impede or pre20 vent another person from exercising the 

21 right to vote in an election described in 

22 paragraph (5). 

23 ‘‘(B) DEFINITION OF ‘MATERIALLY

24 FALSE’.—For purposes of subparagraph (A), a 

25 statement about an endorsement is ‘materially 


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1 false’ if, with respect to an upcoming election 

2 described in paragraph (5)— 

3 ‘‘(i) the statement states that a spe4 cifically named person, political party, or 

5 organization has endorsed the election of a 

6 specific candidate for a Federal office de7 scribed in such paragraph; and 

8 ‘‘(ii) such person, political party, or 

9 organization has not endorsed the election 

10 of such candidate. 

11 ‘‘(4) HINDERING, INTERFERING WITH, OR PRE12 VENTING VOTING OR REGISTERING TO VOTE.—No 

13 person, whether acting under color of law or other14 wise, shall intentionally hinder, interfere with, or 

15 prevent another person from voting, registering to 

16 vote, or aiding another person to vote or register to 

17 vote in an election described in paragraph (5). 

18 ‘‘(5) ELECTION DESCRIBED.—An election de19 scribed in this paragraph is any general, primary, 

20 run-off, or special election held solely or in part for 

21 the purpose of nominating or electing a candidate 

22 for the office of President, Vice President, presi23 dential elector, Member of the Senate, Member of 

24 the House of Representatives, or Delegate or Com25 missioner from a Territory or possession.’’. 


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1 (b) PRIVATE RIGHT OF ACTION.— 

2 (1) IN GENERAL.—Subsection (c) of section 

3 2004 of the Revised Statutes (52 U.S.C. 10101(c)) 

4 is amended— 

5 (A) by striking ‘‘Whenever any person’’ 

6 and inserting the following: 

7 ‘‘(1) IN GENERAL.—Whenever any person’’; and 

8 (B) by adding at the end the following new 

9 paragraph: 

10 ‘‘(2) CIVIL ACTION.—Any person aggrieved by a 

11 violation of subsection (b)(2), (b)(3), or (b)(4) may 

12 institute a civil action for preventive relief, including 

13 an application in a United States district court for 

14 a permanent or temporary injunction, restraining 

15 order, or other order. In any such action, the court, 

16 in its discretion, may allow the prevailing party a 

17 reasonable attorney’s fee as part of the costs.’’. 

18 (2) CONFORMING AMENDMENTS.—Section 2004 

19 of the Revised Statutes (52 U.S.C. 10101) is 

20 amended— 

21 (A) in subsection (e), by striking ‘‘sub22 section (c)’’ and inserting ‘‘subsection (c)(1)’’; 

23 and 

24 (B) in subsection (g), by striking ‘‘sub25 section (c)’’ and inserting ‘‘subsection (c)(1)’’. 


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1 (c) CRIMINAL PENALTIES.— 

2 (1) DECEPTIVE ACTS.—Section 594 of title 18, 

3 United States Code, is amended— 

4 (A) by striking ‘‘Whoever’’ and inserting 

5 the following: 

6 ‘‘(a) INTIMIDATION.—Whoever’’; 

7 (B) in subsection (a), as inserted by sub8 paragraph (A), by striking ‘‘at any election’’ 

9 and inserting ‘‘at any general, primary, run-off, 

10 or special election’’; and 

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

12 subsections: 

13 ‘‘(b) DECEPTIVE ACTS.— 

14 ‘‘(1) FALSE STATEMENTS REGARDING FEDERAL

15 ELECTIONS.— 

16 ‘‘(A) PROHIBITION.—It shall be unlawful 

17 for any person, whether acting under color of 

18 law or otherwise, within 60 days before an elec19 tion described in subsection (e), by any means, 

20 including by means of written, electronic, or tel21 ephonic communications, to communicate or 

22 cause to be communicated information de23 scribed in subparagraph (B), or produce infor24 mation described in subparagraph (B) with the 


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1 intent that such information be communicated, 

2 if such person— 

3 ‘‘(i) knows such information to be ma4 terially false; and 

5 ‘‘(ii) has the intent to mislead voters, 

6 or the intent to impede or prevent another 

7 person from exercising the right to vote in 

8 an election described in subsection (e). 

9 ‘‘(B) INFORMATION DESCRIBED.—Infor10 mation is described in this subparagraph if such 

11 information is regarding— 

12 ‘‘(i) the time or place of holding any 

13 election described in subsection (e); or 

14 ‘‘(ii) the qualifications for or restric15 tions on voter eligibility for any such elec16 tion, including— 

17 ‘‘(I) any criminal, civil, or other 

18 legal penalties associated with voting 

19 in any such election; or 

20 ‘‘(II) information regarding a 

21 voter’s registration status or eligi22 bility. 

23 ‘‘(2) PENALTY.—Any person who violates para24 graph (1) shall be fined not more than $100,000, 

25 imprisoned for not more than 5 years, or both. 


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1 ‘‘(c) HINDERING, INTERFERING WITH, OR PRE2 VENTING VOTING OR REGISTERING TO VOTE.— 

3 ‘‘(1) PROHIBITION.—It shall be unlawful for 

4 any person, whether acting under color of law or 

5 otherwise, to intentionally hinder, interfere with, or 

6 prevent another person from voting, registering to 

7 vote, or aiding another person to vote or register to 

8 vote in an election described in subsection (e), in9 cluding by operating a polling place or ballot box 

10 that falsely purports to be an official location estab11 lished for such an election by a unit of government. 

12 ‘‘(2) PENALTY.—Any person who violates para13 graph (1) shall be fined not more than $100,000, 

14 imprisoned for not more than 5 years, or both. 

15 ‘‘(d) ATTEMPT.—Any person who attempts to commit 

16 any offense described in subsection (a), (b)(1), or (c)(1) 

17 shall be subject to the same penalties as those prescribed 

18 for the offense that the person attempted to commit. 

19 ‘‘(e) ELECTION DESCRIBED.—An election described 

20 in this subsection is any general, primary, run-off, or spe21 cial election held solely or in part for the purpose of nomi22 nating or electing a candidate for the office of President, 

23 Vice President, presidential elector, Senator, Member of 

24 the House of Representatives, or Delegate or Resident 

25 Commissioner to the Congress.’’. 


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1 (2) MODIFICATION OF PENALTY FOR VOTER IN2 TIMIDATION.—Section 594(a) of title 18, United 

3 States Code, as amended by paragraph (1), is 

4 amended by striking ‘‘fined under this title or im5 prisoned not more than one year’’ and inserting 

6 ‘‘fined not more than $100,000, imprisoned for not 

7 more than 5 years’’. 

8 (3) SENTENCING GUIDELINES.— 

9 (A) REVIEW AND AMENDMENT.—Not later 

10 than 180 days after the date of enactment of 

11 this Act, the United States Sentencing Commis12 sion, pursuant to its authority under section 

13 994 of title 28, United States Code, and in ac14 cordance with this section, shall review and, if 

15 appropriate, amend the Federal sentencing 

16 guidelines and policy statements applicable to 

17 persons convicted of any offense under section 

18 594 of title 18, United States Code, as amend19 ed by this section. 

20 (B) AUTHORIZATION.—The United States 

21 Sentencing Commission may amend the Federal 

22 Sentencing Guidelines in accordance with the 

23 procedures set forth in section 21(a) of the Sen24 tencing Act of 1987 (28 U.S.C. 994 note) as 


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1 though the authority under that section had not 

2 expired. 

3 (4) PAYMENTS FOR REFRAINING FROM VOT4 ING.—Subsection (c) of section 11 of the Voting 

5 Rights Act of 1965 (52 U.S.C. 10307) is amended 

6 by striking ‘‘either for registration to vote or for vot7 ing’’ and inserting ‘‘for registration to vote, for vot8 ing, or for not voting’’. 

9 SEC. 1303. CORRECTIVE ACTION. 

10 (a) CORRECTIVE ACTION.— 

11 (1) IN GENERAL.—If the Attorney General re12 ceives a credible report that materially false informa13 tion has been or is being communicated in violation 

14 of paragraphs (2) and (3) of section 2004(b) of the 

15 Revised Statutes (52 U.S.C. 10101(b)), as added by 

16 section 1302(a), and if the Attorney General deter17 mines that State and local election officials have not 

18 taken adequate steps to promptly communicate accu19 rate information to correct the materially false infor20 mation, the Attorney General shall, pursuant to the 

21 written procedures and standards under subsection 

22 (b), communicate to the public, by any means, in23 cluding by means of written, electronic, or telephonic 

24 communications, accurate information designed to 

25 correct the materially false information. 


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1 (2) COMMUNICATION OF CORRECTIVE INFORMA2 TION.—Any information communicated by the Attor3 ney General under paragraph (1)— 

4 (A) shall— 

5 (i) be accurate and objective; 

6 (ii) consist of only the information 

7 necessary to correct the materially false in8 formation that has been or is being com9 municated; and 

10 (iii) to the extent practicable, be by a 

11 means that the Attorney General deter12 mines will reach the persons to whom the 

13 materially false information has been or is 

14 being communicated; and 

15 (B) shall not be designed to favor or dis16 favor any particular candidate, organization, or 

17 political party. 

18 (b) WRITTEN PROCEDURES AND STANDARDS FOR

19 TAKING CORRECTIVE ACTION.— 

20 (1) IN GENERAL.—Not later than 180 days 

21 after the date of enactment of this Act, the Attorney 

22 General shall publish written procedures and stand23 ards for determining when and how corrective action 

24 will be taken under this section. 


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1 (2) INCLUSION OF APPROPRIATE DEADLINES.— 

2 The procedures and standards under paragraph (1) 

3 shall include appropriate deadlines, based in part on 

4 the number of days remaining before the upcoming 

5 election. 

6 (3) CONSULTATION.—In developing the proce7 dures and standards under paragraph (1), the Attor8 ney General shall consult with the Election Assist9 ance Commission, State and local election officials, 

10 civil rights organizations, voting rights groups, voter 

11 protection groups, and other interested community 

12 organizations. 

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to the Attorney General 

15 such sums as may be necessary to carry out this subtitle. 

16 SEC. 1304. REPORTS TO CONGRESS. 

17 (a) IN GENERAL.—Not later than 180 days after 

18 each general election for Federal office, the Attorney Gen19 eral shall submit to Congress a report compiling all allega20 tions received by the Attorney General of deceptive prac21 tices described in paragraphs (2), (3), and (4) of section 

22 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as 

23 added by section 1302(a), relating to the general election 

24 for Federal office and any primary, run-off, or a special 


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1 election for Federal office held in the 2 years preceding 

2 the general election. 

3 (b) CONTENTS.— 

4 (1) IN GENERAL.—Each report submitted 

5 under subsection (a) shall include— 

6 (A) a description of each allegation of a 

7 deceptive practice described in subsection (a), 

8 including the geographic location, racial and 

9 ethnic composition, and language minority10 group membership of the persons toward whom 

11 the alleged deceptive practice was directed; 

12 (B) the status of the investigation of each 

13 allegation described in subparagraph (A); 

14 (C) a description of each corrective action 

15 taken by the Attorney General under section 

16 4(a) in response to an allegation described in 

17 subparagraph (A); 

18 (D) a description of each referral of an al19 legation described in subparagraph (A) to other 

20 Federal, State, or local agencies; 

21 (E) to the extent information is available, 

22 a description of any civil action instituted under 

23 section 2004(c)(2) of the Revised Statutes (52 

24 U.S.C. 10101(c)(2)), as added by section 


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1 1302(b), in connection with an allegation de2 scribed in subparagraph (A); and 

3 (F) a description of any criminal prosecu4 tion instituted under section 594 of title 18, 

5 United States Code, as amended by section 

6 1302(c), in connection with the receipt of an al7 legation described in subparagraph (A) by the 

8 Attorney General. 

9 (2) EXCLUSION OF CERTAIN INFORMATION.— 

10 (A) IN GENERAL.—The Attorney General 

11 shall not include in a report submitted under 

12 subsection (a) any information protected from 

13 disclosure by rule 6(e) of the Federal Rules of 

14 Criminal Procedure or any Federal criminal 

15 statute. 

16 (B) EXCLUSION OF CERTAIN OTHER IN17 FORMATION.—The Attorney General may deter18 mine that the following information shall not be 

19 included in a report submitted under subsection 

20 (a): 

21 (i) Any information that is privileged. 

22 (ii) Any information concerning an 

23 ongoing investigation. 


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1 (iii) Any information concerning a 

2 criminal or civil proceeding conducted 

3 under seal. 

4 (iv) Any other nonpublic information 

5 that the Attorney General determines the 

6 disclosure of which could reasonably be ex7 pected to infringe on the rights of any in8 dividual or adversely affect the integrity of 

9 a pending or future criminal investigation. 

10 (c) REPORT MADE PUBLIC.—On the date that the 

11 Attorney General submits the report under subsection (a), 

12 the Attorney General shall also make the report publicly 

13 available through the internet and other appropriate 

14 means. 

15 Subtitle E—Democracy Restoration 

16 SEC. 1401. SHORT TITLE. 

17 This subtitle may be cited as the ‘‘Democracy Res18 toration Act of 2021’’. 

19 SEC. 1402. FINDINGS. 

20 Congress makes the following findings: 

21 (1) The right to vote is the most basic constitu22 tive act of citizenship. Regaining the right to vote 

23 reintegrates individuals with criminal convictions 

24 into free society, helping to enhance public safety. 


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1 (2) Article I, section 4, of the Constitution 

2 grants Congress ultimate supervisory power over 

3 Federal elections, an authority which has repeatedly 

4 been upheld by the Supreme Court. 

5 (3) Basic constitutional principles of fairness 

6 and equal protection require an equal opportunity 

7 for citizens of the United States to vote in Federal 

8 elections. The right to vote may not be abridged or 

9 denied by the United States or by any State on ac10 count of race, color, gender, or previous condition of 

11 servitude. The 13th, 14th, 15th, 19th, 24th, and 

12 26th Amendments to the Constitution empower Con13 gress to enact measures to protect the right to vote 

14 in Federal elections. The 8th Amendment to the 

15 Constitution provides for no excessive bail to be re16 quired, nor excessive fines imposed, nor cruel and 

17 unusual punishments inflicted. 

18 (4) There are 3 areas in which discrepancies in 

19 State laws regarding criminal convictions lead to un20 fairness in Federal elections: 

21 (A) The lack of a uniform standard for 

22 voting in Federal elections leads to an unfair 

23 disparity and unequal participation in Federal 

24 elections based solely on where a person lives. 


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1 (B) Laws governing the restoration of vot2 ing rights after a criminal conviction vary 

3 throughout the country, and persons in some 

4 States can easily regain their voting rights 

5 while in other States persons effectively lose 

6 their right to vote permanently. 

7 (C) State disenfranchisement laws dis8 proportionately impact racial and ethnic minori9 ties. 

10 (5) Two States (Maine and Vermont), the Dis11 trict of Columbia, and the Commonwealth of Puerto 

12 Rico do not disenfranchise individuals with criminal 

13 convictions at all, but 48 States have laws that deny 

14 convicted individuals the right to vote while they are 

15 in prison. 

16 (6) In some States disenfranchisement results 

17 from varying State laws that restrict voting while in18 dividuals are under the supervision of the criminal 

19 justice system or after they have completed a crimi20 nal sentence. In 30 States, convicted individuals may 

21 not vote while they are on parole and 27 States dis22 enfranchise individuals on felony probation as well. 

23 In 11 States, a conviction can result in lifetime dis24 enfranchisement. 


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1 (7) Several States deny the right to vote to in2 dividuals convicted of certain misdemeanors. 

3 (8) An estimated 5,200,000 citizens of the 

4 United States, or about 1 in 44 adults in the United 

5 States, currently cannot vote as a result of a felony 

6 conviction. Of the 5,200,000 citizens barred from 

7 voting, only 24 percent are in prison. By contrast, 

8 75 percent of the disenfranchised reside in their 

9 communities while on probation or parole or after 

10 having completed their sentences. Approximately 

11 2,200,000 citizens who have completed their sen12 tences remain disenfranchised due to restrictive 

13 State laws. In at least 6 States—Alabama, Florida, 

14 Kentucky, Mississippi, Tennessee, and Virginia— 

15 more than 5 percent of the total voting-age popu16 lation is disenfranchised. 

17 (9) In those States that disenfranchise individ18 uals post-sentence, the right to vote can be regained 

19 in theory, but in practice this possibility is often 

20 granted in a non-uniform and potentially discrimina21 tory manner. Disenfranchised individuals must ei22 ther obtain a pardon or an order from the Governor 

23 or an action by the parole or pardon board, depend24 ing on the offense and State. Individuals convicted 


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1 of a Federal offense often have additional barriers to 

2 regaining voting rights. 

3 (10) State disenfranchisement laws dispropor4 tionately impact racial and ethnic minorities. More 

5 than 6 percent of the African-American voting-age 

6 population, or 1,800,000 African Americans, are 

7 disenfranchised. Currently, 1 of every 16 voting-age 

8 African Americans are rendered unable to vote be9 cause of felony disenfranchisement, which is a rate 

10 more than 3.7 times greater than non-African Amer11 icans. Over 6 percent of African-American adults are 

12 disenfranchised whereas only 1.7 percent of non-Af13 rican Americans are. In 7 States (Alabama, 16 per14 cent; Florida, 15 percent; Kentucky, 15 percent; 

15 Mississippi, 16 percent; Tennessee, 21 percent; Vir16 ginia, 16 percent; and Wyoming, 36 percent), more 

17 than 1 in 7 African Americans are unable to vote 

18 because of prior convictions, twice the national aver19 age for African Americans. 

20 (11) Latino citizens are disproportionately 

21 disenfranchised based upon their disproportionate 

22 representation in the criminal justice system. In re23 cent years, Latinos have been imprisoned at 2.5 

24 times the rate of Whites. More than 2 percent of the 

25 voting-age Latino population, or 560,000 Latinos, 


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1 are disenfranchised due to a felony conviction. In 34 

2 states Latinos are disenfranchised at a higher rate 

3 than the general population. In 11 states 4 percent 

4 or more of Latino adults are disenfranchised due to 

5 a felony conviction (Alabama, 4 percent; Arizona, 7 

6 percent; Arkansas, 4 percent; Idaho, 4 percent; 

7 Iowa, 4 percent; Kentucky, 6 percent; Minnesota, 4 

8 percent; Mississippi, 5 percent; Nebraska, 6 percent; 

9 Tennessee, 11 percent, Wyoming, 4 percent), twice 

10 the national average for Latinos. 

11 (12) Disenfranchising citizens who have been 

12 convicted of a criminal offense and who are living 

13 and working in the community serves no compelling 

14 State interest and hinders their rehabilitation and 

15 reintegration into society. 

16 (13) State disenfranchisement laws can sup17 press electoral participation among eligible voters by 

18 discouraging voting among family and community 

19 members of disenfranchised persons. Future elec20 toral participation by the children of disenfranchised 

21 parents may be impacted as well. 

22 (14) The United States is the only Western de23 mocracy that permits the permanent denial of voting 

24 rights for individuals with felony convictions. 


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1 SEC. 1403. RIGHTS OF CITIZENS. 

2 The right of an individual who is a citizen of the 

3 United States to vote in any election for Federal office 

4 shall not be denied or abridged because that individual has 

5 been convicted of a criminal offense unless such individual 

6 is serving a felony sentence in a correctional institution 

7 or facility at the time of the election. 

8 SEC. 1404. ENFORCEMENT. 

9 (a) ATTORNEY GENERAL.—The Attorney General 

10 may, in a civil action, obtain such declaratory or injunctive 

11 relief as is necessary to remedy a violation of this subtitle. 

12 (b) PRIVATE RIGHT OF ACTION.— 

13 (1) IN GENERAL.—A person who is aggrieved 

14 by a violation of this subtitle may provide written 

15 notice of the violation to the chief election official of 

16 the State involved. 

17 (2) RELIEF.—Except as provided in paragraph 

18 (3), if the violation is not corrected within 90 days 

19 after receipt of a notice under paragraph (1), or 

20 within 20 days after receipt of the notice if the viola21 tion occurred within 120 days before the date of an 

22 election for Federal office, the aggrieved person 

23 may, in a civil action, obtain declaratory or injunc24 tive relief with respect to the violation. 

25 (3) EXCEPTION.—If the violation occurred 

26 within 30 days before the date of an election for 


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1 Federal office, the aggrieved person need not provide 

2 notice to the chief election official of the State under 

3 paragraph (1) before bringing a civil action to obtain 

4 declaratory or injunctive relief with respect to the 

5 violation. 

6 SEC. 1405. NOTIFICATION OF RESTORATION OF VOTING 

7 RIGHTS. 

8 (a) STATE NOTIFICATION.— 

9 (1) NOTIFICATION.—On the date determined 

10 under paragraph (2), each State shall notify in writ11 ing any individual who has been convicted of a 

12 criminal offense under the law of that State that 

13 such individual has the right to vote in an election 

14 for Federal office pursuant to the Democracy Res15 toration Act of 2021 and may register to vote in any 

16 such election and provide such individual with any 

17 materials that are necessary to register to vote in 

18 any such election. 

19 (2) DATE OF NOTIFICATION.— 

20 (A) FELONY CONVICTION.—In the case of 

21 such an individual who has been convicted of a 

22 felony, the notification required under para23 graph (1) shall be given on the date on which 

24 the individual— 


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1 (i) is sentenced to serve only a term 

2 of probation; or 

3 (ii) is released from the custody of 

4 that State (other than to the custody of 

5 another State or the Federal Government 

6 to serve a term of imprisonment for a fel7 ony conviction). 

8 (B) MISDEMEANOR CONVICTION.—In the 

9 case of such an individual who has been con10 victed of a misdemeanor, the notification re11 quired under paragraph (1) shall be given on 

12 the date on which such individual is sentenced 

13 by a State court. 

14 (b) FEDERAL NOTIFICATION.— 

15 (1) NOTIFICATION.—Any individual who has 

16 been convicted of a criminal offense under Federal 

17 law shall be notified in accordance with paragraph 

18 (2) that such individual has the right to vote in an 

19 election for Federal office pursuant to the Democ20 racy Restoration Act of 2021 and may register to 

21 vote in any such election and provide such individual 

22 with any materials that are necessary to register to 

23 vote in any such election. 

24 (2) DATE OF NOTIFICATION.— 


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1 (A) FELONY CONVICTION.—In the case of 

2 such an individual who has been convicted of a 

3 felony, the notification required under para4 graph (1) shall be given— 

5 (i) in the case of an individual who is 

6 sentenced to serve only a term of proba7 tion, by the Assistant Director for the Of8 fice of Probation and Pretrial Services of 

9 the Administrative Office of the United 

10 States Courts on the date on which the in11 dividual is sentenced; or 

12 (ii) in the case of any individual com13 mitted to the custody of the Bureau of 

14 Prisons, by the Director of the Bureau of 

15 Prisons, during the period beginning on 

16 the date that is 6 months before such indi17 vidual is released and ending on the date 

18 such individual is released from the cus19 tody of the Bureau of Prisons. 

20 (B) MISDEMEANOR CONVICTION.—In the 

21 case of such an individual who has been con22 victed of a misdemeanor, the notification re23 quired under paragraph (1) shall be given on 

24 the date on which such individual is sentenced 

25 by a court established by an Act of Congress. 


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1 SEC. 1406. DEFINITIONS. 

2 For purposes of this subtitle: 

3 (1) CORRECTIONAL INSTITUTION OR FACIL4 ITY.—The term ‘‘correctional institution or facility’’ 

5 means any prison, penitentiary, jail, or other institu6 tion or facility for the confinement of individuals 

7 convicted of criminal offenses, whether publicly or 

8 privately operated, except that such term does not 

9 include any residential community treatment center 

10 (or similar public or private facility). 

11 (2) ELECTION.—The term ‘‘election’’ means— 

12 (A) a general, special, primary, or runoff 

13 election; 

14 (B) a convention or caucus of a political 

15 party held to nominate a candidate; 

16 (C) a primary election held for the selec17 tion of delegates to a national nominating con18 vention of a political party; or 

19 (D) a primary election held for the expres20 sion of a preference for the nomination of per21 sons for election to the office of President. 

22 (3) FEDERAL OFFICE.—The term ‘‘Federal of23 fice’’ means the office of President or Vice President 

24 of the United States, or of Senator or Representa25 tive in, or Delegate or Resident Commissioner to, 

26 the Congress of the United States. 


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1 (4) PROBATION.—The term ‘‘probation’’ means 

2 probation, imposed by a Federal, State, or local 

3 court, with or without a condition on the individual 

4 involved concerning— 

5 (A) the individual’s freedom of movement; 

6 (B) the payment of damages by the indi7 vidual; 

8 (C) periodic reporting by the individual to 

9 an officer of the court; or 

10 (D) supervision of the individual by an of11 ficer of the court. 

12 SEC. 1407. RELATION TO OTHER LAWS. 

13 (a) STATE LAWS RELATING TO VOTING RIGHTS.— 

14 Nothing in this subtitle be construed to prohibit the States 

15 from enacting any State law which affords the right to 

16 vote in any election for Federal office on terms less restric17 tive than those established by this subtitle. 

18 (b) CERTAIN FEDERAL ACTS.—The rights and rem19 edies established by this subtitle are in addition to all 

20 other rights and remedies provided by law, and neither 

21 rights and remedies established by this Act shall super22 sede, restrict, or limit the application of the Voting Rights 

23 Act of 1965 (52 U.S.C. 10301 et seq.) or the National 

24 Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.). 


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1 SEC. 1408. FEDERAL PRISON FUNDS. 

2 No State, unit of local government, or other person 

3 may receive or use, to construct or otherwise improve a 

4 prison, jail, or other place of incarceration, any Federal 

5 funds unless that person has in effect a program under 

6 which each individual incarcerated in that person’s juris7 diction who is a citizen of the United States is notified, 

8 upon release from such incarceration, of that individual’s 

9 rights under section 1403. 

10 SEC. 1409. EFFECTIVE DATE. 

11 This subtitle shall apply to citizens of the United 

12 States voting in any election for Federal office held after 

13 the date of the enactment of this Act. 

14 Subtitle F—Promoting Accuracy, 

15 Integrity, and Security Through 

16 Voter-Verified Permanent Paper 

17 Ballot 

18 SEC. 1501. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘Voter Confidence 

20 and Increased Accessibility Act of 2021’’. 

21 SEC. 1502. PAPER BALLOT AND MANUAL COUNTING RE22 QUIREMENTS. 

23 (a) IN GENERAL.—Section 301(a)(2) of the Help 

24 America Vote Act of 2002 (52 U.S.C. 21081(a)(2)) is 

25 amended to read as follows: 

26 ‘‘(2) PAPER BALLOT REQUIREMENT.— 


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1 ‘‘(A) VOTER-VERIFIED PAPER BALLOTS.— 

2 ‘‘(i) PAPER BALLOT REQUIREMENT.— 

3 (I) The voting system shall require the use 

4 of an individual, durable, voter-verified 

5 paper ballot of the voter’s vote that shall 

6 be marked and made available for inspec7 tion and verification by the voter before 

8 the voter’s vote is cast and counted, and 

9 which shall be counted by hand or read by 

10 an optical character recognition device or 

11 other counting device. For purposes of this 

12 subclause, the term ‘individual, durable, 

13 voter-verified paper ballot’ means a paper 

14 ballot marked by the voter by hand or a 

15 paper ballot marked through the use of a 

16 nontabulating ballot marking device or sys17 tem, so long as the voter shall have the op18 tion to mark his or her ballot by hand. 

19 ‘‘(II) The voting system shall provide 

20 the voter with an opportunity to correct 

21 any error on the paper ballot before the 

22 permanent voter-verified paper ballot is 

23 preserved in accordance with clause (ii). 

24 ‘‘(III) The voting system shall not 

25 preserve the voter-verified paper ballots in 


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1 any manner that makes it possible, at any 

2 time after the ballot has been cast, to asso3 ciate a voter with the record of the voter’s 

4 vote without the voter’s consent. 

5 ‘‘(ii) PRESERVATION AS OFFICIAL

6 RECORD.—The individual, durable, voter7 verified paper ballot used in accordance 

8 with clause (i) shall constitute the official 

9 ballot and shall be preserved and used as 

10 the official ballot for purposes of any re11 count or audit conducted with respect to 

12 any election for Federal office in which the 

13 voting system is used. 

14 ‘‘(iii) MANUAL COUNTING REQUIRE15 MENTS FOR RECOUNTS AND AUDITS.—(I) 

16 Each paper ballot used pursuant to clause 

17 (i) shall be suitable for a manual audit, 

18 and shall be counted by hand in any re19 count or audit conducted with respect to 

20 any election for Federal office. 

21 ‘‘(II) In the event of any inconsist22 encies or irregularities between any elec23 tronic vote tallies and the vote tallies de24 termined by counting by hand the indi25 vidual, durable, voter-verified paper ballots 


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1 used pursuant to clause (i), and subject to 

2 subparagraph (B), the individual, durable, 

3 voter-verified paper ballots shall be the 

4 true and correct record of the votes cast. 

5 ‘‘(iv) APPLICATION TO ALL BAL6 LOTS.—The requirements of this subpara7 graph shall apply to all ballots cast in elec8 tions for Federal office, including ballots 

9 cast by absent uniformed services voters 

10 and overseas voters under the Uniformed 

11 and Overseas Citizens Absentee Voting Act 

12 and other absentee voters. 

13 ‘‘(B) SPECIAL RULE FOR TREATMENT OF

14 DISPUTES WHEN PAPER BALLOTS HAVE BEEN

15 SHOWN TO BE COMPROMISED.— 

16 ‘‘(i) IN GENERAL.—In the event 

17 that— 

18 ‘‘(I) there is any inconsistency 

19 between any electronic vote tallies and 

20 the vote tallies determined by count21 ing by hand the individual, durable, 

22 voter-verified paper ballots used pur23 suant to subparagraph (A)(i) with re24 spect to any election for Federal of25 fice; and 


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1 ‘‘(II) it is demonstrated by clear 

2 and convincing evidence (as deter3 mined in accordance with the applica4 ble standards in the jurisdiction in5 volved) in any recount, audit, or con6 test of the result of the election that 

7 the paper ballots have been com8 promised (by damage or mischief or 

9 otherwise) and that a sufficient num10 ber of the ballots have been so com11 promised that the result of the elec12 tion could be changed, 

13 the determination of the appropriate rem14 edy with respect to the election shall be 

15 made in accordance with applicable State 

16 law, except that the electronic tally shall 

17 not be used as the exclusive basis for de18 termining the official certified result. 

19 ‘‘(ii) RULE FOR CONSIDERATION OF

20 BALLOTS ASSOCIATED WITH EACH VOTING

21 MACHINE.—For purposes of clause (i), 

22 only the paper ballots deemed com23 promised, if any, shall be considered in the 

24 calculation of whether or not the result of 


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1 the election could be changed due to the 

2 compromised paper ballots.’’. 

3 (b) CONFORMING AMENDMENT CLARIFYING APPLI4 CABILITY OF ALTERNATIVE LANGUAGE ACCESSIBILITY.— 

5 Section 301(a)(4) of such Act (52 U.S.C. 21081(a)(4)) 

6 is amended by inserting ‘‘(including the paper ballots re7 quired to be used under paragraph (2))’’ after ‘‘voting sys8 tem’’. 

9 (c) OTHER CONFORMING AMENDMENTS.—Section 

10 301(a)(1) of such Act (52 U.S.C. 21081(a)(1)) is amend11 ed— 

12 (1) in subparagraph (A)(i), by striking ‘‘count13 ed’’ and inserting ‘‘counted, in accordance with 

14 paragraphs (2) and (3)’’; 

15 (2) in subparagraph (A)(ii), by striking ‘‘count16 ed’’ and inserting ‘‘counted, in accordance with 

17 paragraphs (2) and (3)’’; 

18 (3) in subparagraph (A)(iii), by striking ‘‘count19 ed’’ each place it appears and inserting ‘‘counted, in 

20 accordance with paragraphs (2) and (3)’’; and 

21 (4) in subparagraph (B)(ii), by striking ‘‘count22 ed’’ and inserting ‘‘counted, in accordance with 

23 paragraphs (2) and (3)’’. 


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1 SEC. 1503. ACCESSIBILITY AND BALLOT VERIFICATION FOR 

2 INDIVIDUALS WITH DISABILITIES. 

3 (a) IN GENERAL.—Section 301(a)(3)(B) of the Help 

4 America Vote Act of 2002 (52 U.S.C. 21081(a)(3)(B)) is 

5 amended to read as follows: 

6 ‘‘(B)(i) ensure that individuals with dis7 abilities and others are given an equivalent op8 portunity to vote, including with privacy and 

9 independence, in a manner that produces a 

10 voter-verified paper ballot as for other voters; 

11 ‘‘(ii) satisfy the requirement of subpara12 graph (A) through the use of a sufficient num13 ber, but at least one, of voting systems, as de14 termined by the Commission in consultation 

15 with the United States Access Board and the 

16 National Institute of Standards and Tech17 nology, equipped to serve individuals with and 

18 without disabilities, including nonvisual and en19 hanced visual accessibility for the blind and vis20 ually impaired, and nonmanual and enhanced 

21 manual accessibility for the mobility and dex22 terity impaired, for all in person voting options; 

23 and 

24 ‘‘(iii) meet the requirements of subpara25 graph (A) and paragraph (2)(A) by using a sys26 tem that— 


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1 ‘‘(I) allows the voter to privately and 

2 independently verify the permanent paper 

3 ballot through the presentation, in acces4 sible form, of the printed or marked vote 

5 selections from the same printed or 

6 marked information that would be used for 

7 any vote counting or auditing; and 

8 ‘‘(II) allows the voter to privately and 

9 independently verify and cast the perma10 nent paper ballot without requiring the 

11 voter to manually handle the paper bal12 lot;’’. 

13 (b) SPECIFIC REQUIREMENT OF STUDY, TESTING, 

14 AND DEVELOPMENT OF ACCESSIBLE VOTING OPTIONS.— 

15 (1) STUDY AND REPORTING.—Subtitle C of 

16 title II of such Act (52 U.S.C. 21081 et seq.) is 

17 amended— 

18 (A) by redesignating section 247 as section 

19 248; and 

20 (B) by inserting after section 246 the fol21 lowing new section: 

22 ‘‘SEC. 247. STUDY AND REPORT ON ACCESSIBLE VOTING 

23 OPTIONS. 

24 ‘‘(a) GRANTS TO STUDY AND REPORT.—The Com25 mission, in coordination with the Access Board and the 


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1 Cybersecurity and Infrastructure Security Agency, shall 

2 make grants to not fewer than three eligible entities to 

3 study, test, and develop accessible and secure remote vot4 ing systems and voting, verification, and casting devices 

5 to enhance the accessibility of voting and verification for 

6 individuals with disabilities. 

7 ‘‘(b) ELIGIBILITY.—An entity is eligible to receive a 

8 grant under this part if it submits to the Commission (at 

9 such time and in such form as the Commission may re10 quire) an application containing— 

11 ‘‘(1) a certification that the entity shall com12 plete the activities carried out with the grant not 

13 later than January 1, 2024; and 

14 ‘‘(2) such other information and certifications 

15 as the Commission may require. 

16 ‘‘(c) AVAILABILITY OF TECHNOLOGY.—Any tech17 nology developed with the grants made under this section 

18 shall be treated as non-proprietary and shall be made 

19 available to the public, including to manufacturers of vot20 ing systems. 

21 ‘‘(d) COORDINATION WITH GRANTS FOR TECH22 NOLOGY IMPROVEMENTS.—The Commission shall carry 

23 out this section so that the activities carried out with the 

24 grants made under subsection (a) are coordinated with the 

25 research conducted under the grant program carried out 


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1 by the Commission under section 271, to the extent that 

2 the Commission determines necessary to provide for the 

3 advancement of accessible voting technology. 

4 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

5 is authorized to be appropriated to carry out subsection 

6 (a) $10,000,000, to remain available until expended.’’. 

7 (2) CLERICAL AMENDMENT.—The table of con8 tents of such Act is amended— 

9 (A) by redesignating the item relating to 

10 section 247 as relating to section 248; and 

11 (B) by inserting after the item relating to 

12 section 246 the following new item: 

‘‘Sec. 247. Study and report on accessible voting options.’’. 

13 (c) CLARIFICATION OF ACCESSIBILITY STANDARDS

14 UNDER VOLUNTARY VOTING SYSTEM GUIDANCE.—In 

15 adopting any voluntary guidance under subtitle B of title 

16 III of the Help America Vote Act with respect to the ac17 cessibility of the paper ballot verification requirements for 

18 individuals with disabilities, the Election Assistance Com19 mission shall include and apply the same accessibility 

20 standards applicable under the voluntary guidance adopt21 ed for accessible voting systems under such subtitle. 

22 (d) PERMITTING USE OF FUNDS FOR PROTECTION

23 AND ADVOCACY SYSTEMS TO SUPPORT ACTIONS TO EN24 FORCE ELECTION-RELATED DISABILITY ACCESS.—Sec25 tion 292(a) of the Help America Vote Act of 2002 (52 


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1 U.S.C. 21062(a)) is amended by striking ‘‘; except that’’ 

2 and all that follows and inserting a period. 

3 SEC. 1504. DURABILITY AND READABILITY REQUIREMENTS 

4 FOR BALLOTS. 

5 Section 301(a) of the Help America Vote Act of 2002 

6 (52 U.S.C. 21081(a)) is amended by adding at the end 

7 the following new paragraph: 

8 ‘‘(7) DURABILITY AND READABILITY REQUIRE9 MENTS FOR BALLOTS.— 

10 ‘‘(A) DURABILITY REQUIREMENTS FOR

11 PAPER BALLOTS.— 

12 ‘‘(i) IN GENERAL.—All voter-verified 

13 paper ballots required to be used under 

14 this Act shall be marked or printed on du15 rable paper. 

16 ‘‘(ii) DEFINITION.—For purposes of 

17 this Act, paper is ‘durable’ if it is capable 

18 of withstanding multiple counts and re19 counts by hand without compromising the 

20 fundamental integrity of the ballots, and 

21 capable of retaining the information 

22 marked or printed on them for the full du23 ration of a retention and preservation pe24 riod of 22 months. 


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1 ‘‘(B) READABILITY REQUIREMENTS FOR

2 PAPER BALLOTS MARKED BY BALLOT MARKING

3 DEVICE.—All voter-verified paper ballots com4 pleted by the voter through the use of a ballot 

5 marking device shall be clearly readable by the 

6 voter without assistance (other than eyeglasses 

7 or other personal vision enhancing devices) and 

8 by an optical character recognition device or 

9 other device equipped for individuals with dis10 abilities.’’. 

11 SEC. 1505. STUDY AND REPORT ON OPTIMAL BALLOT DE12 SIGN. 

13 (a) STUDY.—The Election Assistance Commission 

14 shall conduct a study of the best ways to design ballots 

15 used in elections for public office, including paper ballots 

16 and electronic or digital ballots, to minimize confusion and 

17 user errors. 

18 (b) REPORT.—Not later than January 1, 2022, the 

19 Election Assistance Commission shall submit to Congress 

20 a report on the study conducted under subsection (a). 

21 SEC. 1506. PAPER BALLOT PRINTING REQUIREMENTS. 

22 Section 301(a) of the Help America Vote Act of 2002 

23 (52 U.S.C. 21081(a)), as amended by section 1504, is fur24 ther amended by adding at the end the following new para25 graph: 


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1 ‘‘(8) PRINTING REQUIREMENTS FOR BAL2 LOTS.—All paper ballots used in an election for Fed3 eral office shall be printed in the United States on 

4 paper manufactured in the United States.’’. 

5 SEC. 1507. EFFECTIVE DATE FOR NEW REQUIREMENTS. 

6 Section 301(d) of the Help America Vote Act of 2002 

7 (52 U.S.C. 21081(d)) is amended to read as follows: 

8 ‘‘(d) EFFECTIVE DATE.— 

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2), each State and jurisdiction shall be re11 quired to comply with the requirements of this sec12 tion on and after January 1, 2006. 

13 ‘‘(2) SPECIAL RULE FOR CERTAIN REQUIRE14 MENTS.— 

15 ‘‘(A) IN GENERAL.—Except as provided in 

16 subparagraphs (B) and (C), the requirements of 

17 this section which are first imposed on a State 

18 and jurisdiction pursuant to the amendments 

19 made by the Voter Confidence and Increased 

20 Accessibility Act of 2021 shall apply with re21 spect to voting systems used for any election for 

22 Federal office held in 2022 or any succeeding 

23 year. 

24 ‘‘(B) DELAY FOR JURISDICTIONS USING

25 CERTAIN PAPER RECORD PRINTERS OR CERTAIN


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1 SYSTEMS USING OR PRODUCING VOTER2 VERIFIABLE PAPER RECORDS IN 2020.— 

3 ‘‘(i) DELAY.—In the case of a juris4 diction described in clause (ii), subpara5 graph (A) shall apply to a voting system in 

6 the jurisdiction as if the reference in such 

7 subparagraph to ‘2022’ were a reference to 

8 ‘2024’, but only with respect to the fol9 lowing requirements of this section: 

10 ‘‘(I) Paragraph (2)(A)(i)(I) of 

11 subsection (a) (relating to the use of 

12 voter-verified paper ballots). 

13 ‘‘(II) Paragraph (3)(B)(ii)(I) and 

14 (II) of subsection (a) (relating to ac15 cess to verification from and casting 

16 of the durable paper ballot). 

17 ‘‘(III) Paragraph (7) of sub18 section (a) (relating to durability and 

19 readability requirements for ballots). 

20 ‘‘(ii) JURISDICTIONS DESCRIBED.—A 

21 jurisdiction described in this clause is a ju22 risdiction— 

23 ‘‘(I) which used voter verifiable 

24 paper record printers attached to di25 rect recording electronic voting maVerDate Sep 11 2014 00:08 Feb 08, 2022 Jkt 029200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RDS H1

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1 chines, or which used other voting 

2 systems that used or produced paper 

3 records of the vote verifiable by voters 

4 but that are not in compliance with 

5 paragraphs (2)(A)(i)(I), (3)(B)(iii)(i) 

6 and (II), and (7) of subsection (a) (as 

7 amended or added by the Voter Con8 fidence and Increased Accessibility 

9 Act of 2021), for the administration 

10 of the regularly scheduled general 

11 election for Federal office held in No12 vember 2020; and 

13 ‘‘(II) which will continue to use 

14 such printers or systems for the ad15 ministration of elections for Federal 

16 office held in years before 2024. 

17 ‘‘(iii) MANDATORY AVAILABILITY OF

18 PAPER BALLOTS AT POLLING PLACES

19 USING GRANDFATHERED PRINTERS AND

20 SYSTEMS.— 

21 ‘‘(I) REQUIRING BALLOTS TO BE

22 OFFERED AND PROVIDED.—The ap23 propriate election official at each poll24 ing place that uses a printer or sys25 tem described in clause (ii)(I) for the 


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1 administration of elections for Federal 

2 office shall offer each individual who 

3 is eligible to cast a vote in the election 

4 at the polling place the opportunity to 

5 cast the vote using a blank pre-print6 ed paper ballot which the individual 

7 may mark by hand and which is not 

8 produced by the direct recording elec9 tronic voting machine or other such 

10 system. The official shall provide the 

11 individual with the ballot and the sup12 plies necessary to mark the ballot, and 

13 shall ensure (to the greatest extent 

14 practicable) that the waiting period 

15 for the individual to cast a vote is the 

16 lesser of 30 minutes or the average 

17 waiting period for an individual who 

18 does not agree to cast the vote using 

19 such a paper ballot under this clause. 

20 ‘‘(II) TREATMENT OF BALLOT.— 

21 Any paper ballot which is cast by an 

22 individual under this clause shall be 

23 counted and otherwise treated as a 

24 regular ballot for all purposes (includ25 ing by incorporating it into the final 


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1 unofficial vote count (as defined by 

2 the State) for the precinct) and not as 

3 a provisional ballot, unless the indi4 vidual casting the ballot would have 

5 otherwise been required to cast a pro6 visional ballot. 

7 ‘‘(III) POSTING OF NOTICE.— 

8 The appropriate election official shall 

9 ensure there is prominently displayed 

10 at each polling place a notice that de11 scribes the obligation of the official to 

12 offer individuals the opportunity to 

13 cast votes using a pre-printed blank 

14 paper ballot. The notice shall take 

15 into consideration factors including 

16 the linguistic preferences of voters in 

17 the jurisdiction. 

18 ‘‘(IV) TRAINING OF ELECTION

19 OFFICIALS.—The chief State election 

20 official shall ensure that election offi21 cials at polling places in the State are 

22 aware of the requirements of this 

23 clause, including the requirement to 

24 display a notice under subclause (III), 

25 and are aware that it is a violation of 


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1 the requirements of this title for an 

2 election official to fail to offer an indi3 vidual the opportunity to cast a vote 

4 using a blank pre-printed paper ballot. 

5 ‘‘(V) PERIOD OF APPLICA6 BILITY.—The requirements of this 

7 clause apply only during the period in 

8 which the delay is in effect under 

9 clause (i). 

10 ‘‘(C) SPECIAL RULE FOR JURISDICTIONS

11 USING CERTAIN NONTABULATING BALLOT

12 MARKING DEVICES.—In the case of a jurisdic13 tion which uses a nontabulating ballot marking 

14 device which automatically deposits the ballot 

15 into a privacy sleeve, subparagraph (A) shall 

16 apply to a voting system in the jurisdiction as 

17 if the reference in such subparagraph to ‘any 

18 election for Federal office held in 2022 or any 

19 succeeding year’ were a reference to ‘elections 

20 for Federal office occurring held in 2024 or 

21 each succeeding year’, but only with respect to 

22 paragraph (3)(B)(iii)(II) of subsection (a) (re23 lating to nonmanual casting of the durable 

24 paper ballot).’’. 


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1 Subtitle G—Provisional Ballots 

2 SEC. 1601. REQUIREMENTS FOR COUNTING PROVISIONAL 

3 BALLOTS; ESTABLISHMENT OF UNIFORM AND 

4 NONDISCRIMINATORY STANDARDS. 

5 (a) IN GENERAL.—Section 302 of the Help America 

6 Vote Act of 2002 (52 U.S.C. 21082) is amended— 

7 (1) by redesignating subsection (d) as sub8 section (f); and 

9 (2) by inserting after subsection (c) the fol10 lowing new subsections: 

11 ‘‘(d) STATEWIDE COUNTING OF PROVISIONAL BAL12 LOTS.— 

13 ‘‘(1) IN GENERAL.—For purposes of subsection 

14 (a)(4), notwithstanding the precinct or polling place 

15 at which a provisional ballot is cast within the State, 

16 the appropriate election official of the jurisdiction in 

17 which the individual is registered shall count each 

18 vote on such ballot for each election in which the in19 dividual who cast such ballot is eligible to vote. 

20 ‘‘(2) EFFECTIVE DATE.—This subsection shall 

21 apply with respect to elections held on or after Janu22 ary 1, 2022. 

23 ‘‘(e) UNIFORM AND NONDISCRIMINATORY STAND24 ARDS.— 


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1 ‘‘(1) IN GENERAL.—Consistent with the re2 quirements of this section, each State shall establish 

3 uniform and nondiscriminatory standards for the 

4 issuance, handling, and counting of provisional bal5 lots. 

6 ‘‘(2) EFFECTIVE DATE.—This subsection shall 

7 apply with respect to elections held on or after Janu8 ary 1, 2022.’’. 

9 (b) CONFORMING AMENDMENT.—Section 302(f) of 

10 such Act (52 U.S.C. 21082(f)), as redesignated by sub11 section (a), is amended by striking ‘‘Each State’’ and in12 serting ‘‘Except as provided in subsections (d)(2) and 

13 (e)(2), each State’’. 

14 Subtitle H—Early Voting 

15 SEC. 1611. EARLY VOTING. 

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

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

18 as amended by section 1031(a) and section 1101(a), is 

19 amended— 

20 (1) by redesignating sections 306 and 307 as 

21 sections 307 and 308; and 

22 (2) by inserting after section 305 the following 

23 new section: 


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1 ‘‘SEC. 306. EARLY VOTING. 

2 ‘‘(a) REQUIRING VOTING PRIOR TO DATE OF ELEC3 TION.— 

4 ‘‘(1) IN GENERAL.—Each State shall allow indi5 viduals to vote in an election for Federal office dur6 ing an early voting period which occurs prior to the 

7 date of the election, in the same manner as voting 

8 is allowed on such date. 

9 ‘‘(2) LENGTH OF PERIOD.—The early voting 

10 period required under this subsection with respect to 

11 an election shall consist of a period of consecutive 

12 days (including weekends) which begins on the 15th 

13 day before the date of the election (or, at the option 

14 of the State, on a day prior to the 15th day before 

15 the date of the election) and ends on the date of the 

16 election. 

17 ‘‘(b) MINIMUM EARLY VOTING REQUIREMENTS.— 

18 Each polling place which allows voting during an early vot19 ing period under subsection (a) shall— 

20 ‘‘(1) allow such voting for no less than 10 hours 

21 on each day; 

22 ‘‘(2) have uniform hours each day for which 

23 such voting occurs; and 

24 ‘‘(3) allow such voting to be held for some pe25 riod of time prior to 9:00 a.m (local time) and some 

26 period of time after 5:00 p.m. (local time). 


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1 ‘‘(c) LOCATION OF POLLING PLACES.— 

2 ‘‘(1) PROXIMITY TO PUBLIC TRANSPOR3 TATION.—To the greatest extent practicable, a State 

4 shall ensure that each polling place which allows vot5 ing during an early voting period under subsection 

6 (a) is located within walking distance of a stop on 

7 a public transportation route. 

8 ‘‘(2) AVAILABILITY IN RURAL AREAS.—The 

9 State shall ensure that polling places which allow 

10 voting during an early voting period under sub11 section (a) will be located in rural areas of the State, 

12 and shall ensure that such polling places are located 

13 in communities which will provide the greatest op14 portunity for residents of rural areas to vote during 

15 the early voting period. 

16 ‘‘(3) COLLEGE CAMPUSES.—The State shall en17 sure that polling places which allow voting during an 

18 early voting period under subsection (a) will be lo19 cated on campuses of institutions of higher edu20 cation in the State. 

21 ‘‘(d) STANDARDS.— 

22 ‘‘(1) IN GENERAL.—The Commission shall issue 

23 standards for the administration of voting prior to 

24 the day scheduled for a Federal election. Such 

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1 graphic placement of polling places at which such 

2 voting occurs. 

3 ‘‘(2) DEVIATION.—The standards described in 

4 paragraph (1) shall permit States, upon providing 

5 adequate public notice, to deviate from any require6 ment in the case of unforeseen circumstances such 

7 as a natural disaster, terrorist attack, or a change 

8 in voter turnout. 

9 ‘‘(e) BALLOT PROCESSING AND SCANNING REQUIRE10 MENTS.— 

11 ‘‘(1) IN GENERAL.—The State shall begin proc12 essing and scanning ballots cast during in-person 

13 early voting for tabulation at least 14 days prior to 

14 the date of the election involved. 

15 ‘‘(2) LIMITATION.—Nothing in this subsection 

16 shall be construed to permit a State to tabulate bal17 lots in an election before the closing of the polls on 

18 the date of the election. 

19 ‘‘(f) EFFECTIVE DATE.—This section shall apply 

20 with respect to the regularly scheduled general election for 

21 Federal office held in November 2022 and each succeeding 

22 election for Federal office.’’. 

23 (b) CONFORMING AMENDMENT RELATING TO

24 ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION AS25 SISTANCE COMMISSION.—Section 321(b) of such Act (52 


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1 U.S.C. 21101(b)), as redesignated and amended by sec2 tion 1101(b), is amended— 

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

4 (3); 

5 (2) by striking the period at the end of para6 graph (4) and inserting ‘‘; and’’; and 

7 (3) by adding at the end the following new 

8 paragraph: 

9 ‘‘(5) except as provided in paragraph (4), in the 

10 case of the recommendations with respect to any sec11 tion added by the For the People Act of 2021, June 

12 30, 2022.’’. 

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

14 of such Act, as amended by section 1031(c) and section 

15 1101(c), is amended— 

16 (1) by redesignating the items relating to sec17 tions 306 and 307 as relating to sections 307 and 

18 308; and 

19 (2) by inserting after the item relating to sec20 tion 305 the following new item: 

‘‘Sec. 306. Early voting.’’. 

21 Subtitle I—Voting by Mail 

22 SEC. 1621. VOTING BY MAIL. 

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

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


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1 as amended by section 1031(a), section 1101(a), and sec2 tion 1611(a), is amended— 

3 (1) by redesignating sections 307 and 308 as 

4 sections 308 and 309; and 

5 (2) by inserting after section 306 the following 

6 new section: 

7 ‘‘SEC. 307. PROMOTING ABILITY OF VOTERS TO VOTE BY 

8 MAIL. 

9 ‘‘(a) UNIFORM AVAILABILITY OF ABSENTEE VOTING

10 TO ALL VOTERS.— 

11 ‘‘(1) IN GENERAL.—If an individual in a State 

12 is eligible to cast a vote in an election for Federal 

13 office, the State may not impose any additional con14 ditions or requirements on the eligibility of the indi15 vidual to cast the vote in such election by absentee 

16 ballot by mail. 

17 ‘‘(2) ADMINISTRATION OF VOTING BY MAIL.— 

18 ‘‘(A) PROHIBITING IDENTIFICATION RE19 QUIREMENT AS CONDITION OF OBTAINING BAL20 LOT.—A State may not require an individual to 

21 provide any form of identification as a condition 

22 of obtaining an absentee ballot, except that 

23 nothing in this paragraph may be construed to 

24 prevent a State from requiring a signature of 


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1 the individual or similar affirmation as a condi2 tion of obtaining an absentee ballot. 

3 ‘‘(B) PROHIBITING REQUIREMENT TO PRO4 VIDE NOTARIZATION OR WITNESS SIGNATURE

5 AS CONDITION OF OBTAINING OR CASTING BAL6 LOT.—A State may not require notarization or 

7 witness signature or other formal authentica8 tion (other than voter attestation) as a condi9 tion of obtaining or casting an absentee ballot. 

10 ‘‘(C) DEADLINE FOR RETURNING BAL11 LOT.—A State may impose a reasonable dead12 line for requesting the absentee ballot and re13 lated voting materials from the appropriate 

14 State or local election official and for returning 

15 the ballot to the appropriate State or local elec16 tion official. 

17 ‘‘(3) NO EFFECT ON IDENTIFICATION REQUIRE18 MENTS FOR FIRST-TIME VOTERS REGISTERING BY

19 MAIL.—Nothing in this subsection may be construed 

20 to exempt any individual described in paragraph (1) 

21 of section 303(b) from meeting the requirements of 

22 paragraph (2) of such section. 

23 ‘‘(b) DUE PROCESS REQUIREMENTS FOR STATES

24 REQUIRING SIGNATURE VERIFICATION.— 

25 ‘‘(1) REQUIREMENT.— 


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1 ‘‘(A) IN GENERAL.—A State may not im2 pose a signature verification requirement as a 

3 condition of accepting and counting an absentee 

4 ballot submitted by any individual with respect 

5 to an election for Federal office unless the 

6 State meets the due process requirements de7 scribed in paragraph (2). 

8 ‘‘(B) SIGNATURE VERIFICATION REQUIRE9 MENT DESCRIBED.—In this subsection, a ‘sig10 nature verification requirement’ is a require11 ment that an election official verify the identi12 fication of an individual by comparing the indi13 vidual’s signature on the absentee ballot with 

14 the individual’s signature on the official list of 

15 registered voters in the State or another official 

16 record or other document used by the State to 

17 verify the signatures of voters. 

18 ‘‘(2) DUE PROCESS REQUIREMENTS.— 

19 ‘‘(A) NOTICE AND OPPORTUNITY TO CURE

20 DISCREPANCY IN SIGNATURES.—If an indi21 vidual submits an absentee ballot and the ap22 propriate State or local election official deter23 mines that a discrepancy exists between the sig24 nature on such ballot and the signature of such 

25 individual on the official list of registered voters 


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1 in the State or other official record or document 

2 used by the State to verify the signatures of 

3 voters, such election official, prior to making a 

4 final determination as to the validity of such 

5 ballot, shall— 

6 ‘‘(i) make a good faith effort to imme7 diately notify the individual by mail, tele8 phone, and (if available) text message and 

9 electronic mail that— 

10 ‘‘(I) a discrepancy exists between 

11 the signature on such ballot and the 

12 signature of the individual on the offi13 cial list of registered voters in the 

14 State or other official record or docu15 ment used by the State to verify the 

16 signatures of voters, and 

17 ‘‘(II) if such discrepancy is not 

18 cured prior to the expiration of the 

19 10-day period which begins on the 

20 date the official notifies the individual 

21 of the discrepancy, such ballot will not 

22 be counted; and 

23 ‘‘(ii) cure such discrepancy and count 

24 the ballot if, prior to the expiration of the 

25 10-day period described in clause (i)(II), 


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1 the individual provides the official with in2 formation to cure such discrepancy, either 

3 in person, by telephone, or by electronic 

4 methods. 

5 ‘‘(B) NOTICE AND OPPORTUNITY TO CURE

6 MISSING SIGNATURE OR OTHER DEFECT.—If an 

7 individual submits an absentee ballot without a 

8 signature or submits an absentee ballot with 

9 another defect which, if left uncured, would 

10 cause the ballot to not be counted, the appro11 priate State or local election official, prior to 

12 making a final determination as to the validity 

13 of the ballot, shall— 

14 ‘‘(i) make a good faith effort to imme15 diately notify the individual by mail, tele16 phone, and (if available) text message and 

17 electronic mail that— 

18 ‘‘(I) the ballot did not include a 

19 signature or has some other defect, 

20 and 

21 ‘‘(II) if the individual does not 

22 provide the missing signature or cure 

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1 dividual that the ballot did not include 

2 a signature or has some other defect, 

3 such ballot will not be counted; and 

4 ‘‘(ii) count the ballot if, prior to the 

5 expiration of the 10-day period described 

6 in clause (i)(II), the individual provides the 

7 official with the missing signature on a 

8 form proscribed by the State or cures the 

9 other defect. 

10 This subparagraph does not apply with respect 

11 to a defect consisting of the failure of a ballot 

12 to meet the applicable deadline for the accept13 ance of the ballot, as described in subsection 

14 (e). 

15 ‘‘(C) OTHER REQUIREMENTS.—An election 

16 official may not make a determination that a 

17 discrepancy exists between the signature on an 

18 absentee ballot and the signature of the indi19 vidual who submits the ballot on the official list 

20 of registered voters in the State or other official 

21 record or other document used by the State to 

22 verify the signatures of voters unless— 

23 ‘‘(i) at least 2 election officials make 

24 the determination; 


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1 ‘‘(ii) each official who makes the de2 termination has received training in proce3 dures used to verify signatures; and 

4 ‘‘(iii) of the officials who make the de5 termination, at least one is affiliated with 

6 the political party whose candidate received 

7 the most votes in the most recent statewide 

8 election for Federal office held in the State 

9 and at least one is affiliated with the polit10 ical party whose candidate received the 

11 second most votes in the most recent state12 wide election for Federal office held in the 

13 State. 

14 ‘‘(3) REPORT.— 

15 ‘‘(A) IN GENERAL.—Not later than 120 

16 days after the end of a Federal election cycle, 

17 each chief State election official shall submit to 

18 Congress and the Commission a report con19 taining the following information for the appli20 cable Federal election cycle in the State: 

21 ‘‘(i) The number of ballots invalidated 

22 due to a discrepancy under this subsection. 

23 ‘‘(ii) Description of attempts to con24 tact voters to provide notice as required by 

25 this subsection. 


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1 ‘‘(iii) Description of the cure process 

2 developed by such State pursuant to this 

3 subsection, including the number of ballots 

4 determined valid as a result of such proc5 ess. 

6 ‘‘(B) FEDERAL ELECTION CYCLE DE7 FINED.—For purposes of this subsection, the 

8 term ‘Federal election cycle’ means the period 

9 beginning on January 1 of any odd numbered 

10 year and ending on December 31 of the fol11 lowing year. 

12 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

13 this subsection shall be construed— 

14 ‘‘(A) to prohibit a State from rejecting a 

15 ballot attempted to be cast in an election for 

16 Federal office by an individual who is not eligi17 ble to vote in the election; or 

18 ‘‘(B) to prohibit a State from providing an 

19 individual with more time and more methods 

20 for curing a discrepancy in the individual’s sig21 nature, providing a missing signature, or curing 

22 any other defect than the State is required to 

23 provide under this subsection. 

24 ‘‘(c) TRANSMISSION OF APPLICATIONS, BALLOTS, 

25 AND BALLOTING MATERIALS TO VOTERS.— 


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1 ‘‘(1) AUTOMATIC TRANSMISSION OF ABSENTEE

2 BALLOT APPLICATIONS BY MAIL.— 

3 ‘‘(A) TRANSMISSION OF APPLICATIONS.— 

4 Not later than 60 days before the date of an 

5 election for Federal office, the appropriate 

6 State or local election official shall transmit by 

7 mail an application for an absentee ballot for 

8 the election to each individual who is registered 

9 to vote in the election, or, in the case of any 

10 State that does not register voters, all individ11 uals who are in the State’s central voter file (or 

12 if the State does not keep a central voter file, 

13 all individuals who are eligible to vote in such 

14 election). 

15 ‘‘(B) EXCEPTION FOR INDIVIDUALS AL16 READY RECEIVING APPLICATIONS AUTOMATI17 CALLY.—Subparagraph (A) does not apply with 

18 respect to an individual to whom the State is 

19 already required to transmit an application for 

20 an absentee ballot for the election because the 

21 individual exercised the option described in sub22 paragraph (D) of paragraph (2) to treat an ap23 plication for an absentee ballot in a previous 

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1 plication for an absentee ballot in all subse2 quent elections for Federal office in the State. 

3 ‘‘(C) EXCEPTION FOR STATES TRANSMIT4 TING BALLOTS WITHOUT APPLICATION.—Sub5 paragraph (A) does not apply with respect to a 

6 State which transmits a ballot in an election for 

7 Federal office in the State to a voter prior to 

8 the date of the election without regard to 

9 whether or not the voter submitted an applica10 tion for the ballot to the State. 

11 ‘‘(D) RULE OF CONSTRUCTION.—Nothing 

12 in this paragraph may be construed to prohibit 

13 an individual from submitting to the appro14 priate State or local election official an applica15 tion for an absentee ballot in an election for 

16 Federal office, including through the methods 

17 described in paragraph (2). 

18 ‘‘(2) OTHER METHODS FOR APPLYING FOR AB19 SENTEE BALLOT.— 

20 ‘‘(A) IN GENERAL.—In addition to such 

21 other methods as the State may establish for an 

22 individual to apply for an absentee ballot, the 

23 State shall permit an individual— 

24 ‘‘(i) to submit an application for an 

25 absentee ballot online; and 


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1 ‘‘(ii) to submit an application for an 

2 absentee ballot through the use of an auto3 mated telephone-based system, subject to 

4 the same terms and conditions applicable 

5 under this paragraph to the services made 

6 available online. 

7 ‘‘(B) TREATMENT OF WEBSITES.—The 

8 State shall be considered to meet the require9 ments of subparagraph (A)(i) if the website of 

10 the appropriate State or local election official 

11 allows an application for an absentee ballot to 

12 be completed and submitted online and if the 

13 website permits the individual— 

14 ‘‘(i) to print the application so that 

15 the individual may complete the application 

16 and return it to the official; or 

17 ‘‘(ii) request that a paper copy of the 

18 application be transmitted to the individual 

19 by mail or electronic mail so that the indi20 vidual may complete the application and 

21 return it to the official. 

22 ‘‘(C) ENSURING DELIVERY PRIOR TO

23 ELECTION.—If an individual who is eligible to 

24 vote in an election for Federal office submits an 

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1 tion, the appropriate State or local election offi2 cial shall ensure that the ballot and relating 

3 voting materials are received by the individual 

4 prior to the date of the election so long as the 

5 individual’s application is received by the offi6 cial not later than 5 days (excluding Saturdays, 

7 Sundays, and legal public holidays) before the 

8 date of the election, except that nothing in this 

9 paragraph shall preclude a State or local juris10 diction from allowing for the acceptance and 

11 processing of absentee ballot applications sub12 mitted or received after such required period. 

13 ‘‘(D) APPLICATION FOR ALL FUTURE

14 ELECTIONS.—At the option of an individual, a 

15 State shall treat the individual’s application to 

16 vote by absentee ballot by mail in an election 

17 for Federal office as an application for an ab18 sentee ballot by mail in all subsequent Federal 

19 elections held in the State. 

20 ‘‘(3) SAME-DAY PROCESSING.—The United 

21 States Postal Service shall ensure, to the maximum 

22 extent practicable, that ballots are processed and 

23 cleared from any postal facility or post office on the 

24 same day the ballots are received at such a facility 

25 or post office. 


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1 ‘‘(d) ACCESSIBILITY FOR INDIVIDUALS WITH DIS2 ABILITIES.—The State shall ensure that all absentee bal3 lot applications, absentee ballots, and related voting mate4 rials in elections for Federal office are accessible to indi5 viduals with disabilities in a manner that provides the 

6 same opportunity for access and participation (including 

7 with privacy and independence) as for other voters. 

8 ‘‘(e) UNIFORM DEADLINE FOR ACCEPTANCE OF

9 MAILED BALLOTS.— 

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

11 accept or process a ballot submitted by an individual 

12 by mail with respect to an election for Federal office 

13 in the State on the grounds that the individual did 

14 not meet a deadline for returning the ballot to the 

15 appropriate State or local election official if— 

16 ‘‘(A) the ballot is postmarked or otherwise 

17 indicated by the United States Postal Service to 

18 have been mailed on or before the date of the 

19 election, or has been signed by the voter on or 

20 before the date of the election; and 

21 ‘‘(B) the ballot is received by the appro22 priate election official prior to the expiration of 

23 the 10-day period which begins on the date of 

24 the election. 


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1 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

2 this subsection shall be construed to prohibit a State 

3 from having a law that allows for counting of ballots 

4 in an election for Federal office that are received 

5 through the mail after the date that is 10 days after 

6 the date of the election. 

7 ‘‘(f) ALTERNATIVE METHODS OF RETURNING BAL8 LOTS.— 

9 ‘‘(1) IN GENERAL.—In addition to permitting 

10 an individual to whom a ballot in an election was 

11 provided under this section to return the ballot to an 

12 election official by mail, the State shall permit the 

13 individual to cast the ballot by delivering the ballot 

14 at such times and to such locations as the State may 

15 establish, including— 

16 ‘‘(A) permitting the individual to deliver 

17 the ballot to a polling place on any date on 

18 which voting in the election is held at the poll19 ing place; and 

20 ‘‘(B) permitting the individual to deliver 

21 the ballot to a designated ballot drop-off loca22 tion, a tribally designated building, or the office 

23 of a State or local election official. 

24 ‘‘(2) PERMITTING VOTERS TO DESIGNATE

25 OTHER PERSON TO RETURN BALLOT.—The State— 


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1 ‘‘(A) shall permit a voter to designate any 

2 person to return a voted and sealed absentee 

3 ballot to the post office, a ballot drop-off loca4 tion, tribally designated building, or election of5 fice so long as the person designated to return 

6 the ballot does not receive any form of com7 pensation based on the number of ballots that 

8 the person has returned and no individual, 

9 group, or organization provides compensation 

10 on this basis; and 

11 ‘‘(B) may not put any limit on how many 

12 voted and sealed absentee ballots any des13 ignated person can return to the post office, a 

14 ballot drop off location, tribally designated 

15 building, or election office. 

16 ‘‘(g) BALLOT PROCESSING AND SCANNING REQUIRE17 MENTS.— 

18 ‘‘(1) IN GENERAL.—The State shall begin proc19 essing and scanning ballots cast by mail for tabula20 tion at least 14 days prior to the date of the election 

21 involved. 

22 ‘‘(2) LIMITATION.—Nothing in this subsection 

23 shall be construed to permit a State to tabulate bal24 lots in an election before the closing of the polls on 

25 the date of the election. 


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1 ‘‘(h) PROHIBITING CERTAIN RESTRICTIONS ON AC2 CESS TO VOTING MATERIALS.— 

3 ‘‘(1) DISTRIBUTION OF ABSENTEE BALLOT AP4 PLICATIONS BY THIRD PARTIES.—A State may not 

5 prohibit any person from providing an application 

6 for an absentee ballot in the election to any indi7 vidual who is eligible to vote in the election. 

8 ‘‘(2) UNSOLICITED PROVISION OF VOTER REG9 ISTRATION APPLICATIONS BY ELECTION OFFI10 CIALS.—A State may not prohibit an election official 

11 from providing an unsolicited application to register 

12 to vote in an election for Federal office to any indi13 vidual who is eligible to register to vote in the elec14 tion. 

15 ‘‘(i) RULE OF CONSTRUCTION.—Nothing in this sec16 tion shall be construed to affect the authority of States 

17 to conduct elections for Federal office through the use of 

18 polling places at which individuals cast ballots. 

19 ‘‘(j) NO EFFECT ON BALLOTS SUBMITTED BY AB20 SENT MILITARY AND OVERSEAS VOTERS.—Nothing in 

21 this section may be construed to affect the treatment of 

22 any ballot submitted by an individual who is entitled to 

23 vote by absentee ballot under the Uniformed and Overseas 

24 Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). 


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1 ‘‘(k) EFFECTIVE DATE.—This section shall apply 

2 with respect to the regularly scheduled general election for 

3 Federal office held in November 2022 and each succeeding 

4 election for Federal office.’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents 

6 of such Act, as amended by section 1031(c), section 

7 1101(c), and section 1611(c), is amended— 

8 (1) by redesignating the items relating to sec9 tions 307 and 308 as relating to sections 308 and 

10 309; and 

11 (2) by inserting after the item relating to sec12 tion 306 the following new item: 

‘‘Sec. 307. Promoting ability of voters to vote by mail.’’. 

13 (c) DEVELOPMENT OF ALTERNATIVE VERIFICATION

14 METHODS.— 

15 (1) DEVELOPMENT OF STANDARDS.—The Na16 tional Institute of Standards, in consultation with 

17 the Election Assistance Commission, shall develop 

18 standards for the use of alternative methods which 

19 could be used in place of signature verification re20 quirements for purposes of verifying the identifica21 tion of an individual voting by absentee ballot in 

22 elections for Federal office. 

23 (2) PUBLIC NOTICE AND COMMENT.—The Na24 tional Institute of Standards shall solicit comments 


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1 from the public in the development of standards 

2 under paragraph (1). 

3 (3) DEADLINE.—Not later than 1 year after 

4 the date of the enactment of this Act, the National 

5 Institute of Standards shall publish the standards 

6 developed under paragraph (1). 

7 SEC. 1622. ABSENTEE BALLOT TRACKING PROGRAM. 

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

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

10 as amended by section 1031(a), section 1101(a), section 

11 1611(a), and section 1621(a), is amended— 

12 (1) by redesignating sections 308 and 309 as 

13 sections 309 and 310; and 

14 (2) by inserting after section 307 the following 

15 new section: 

16 ‘‘SEC. 308. ABSENTEE BALLOT TRACKING PROGRAM. 

17 ‘‘(a) REQUIREMENT.—Each State shall carry out a 

18 program to track and confirm the receipt of absentee bal19 lots in an election for Federal office under which the State 

20 or local election official responsible for the receipt of voted 

21 absentee ballots in the election carries out procedures to 

22 track and confirm the receipt of such ballots, and makes 

23 information on the receipt of such ballots available to the 

24 individual who cast the ballot, by means of online access 

25 using the Internet site of the official’s office. 


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1 ‘‘(b) INFORMATION ON WHETHER VOTE WAS AC2 CEPTED.—The information referred to under subsection 

3 (a) with respect to the receipt of an absentee ballot shall 

4 include information regarding whether the vote cast on the 

5 ballot was accepted, and, in the case of a vote which was 

6 rejected, the reasons therefor. 

7 ‘‘(c) USE OF TOLL-FREE TELEPHONE NUMBER BY

8 OFFICIALS WITHOUT INTERNET SITE.—A program estab9 lished by a State or local election official whose office does 

10 not have an Internet site may meet the requirements of 

11 subsection (a) if the official has established a toll-free tele12 phone number that may be used by an individual who cast 

13 an absentee ballot to obtain the information on the receipt 

14 of the voted absentee ballot as provided under such sub15 section. 

16 ‘‘(d) EFFECTIVE DATE.—This section shall apply 

17 with respect to the regularly scheduled general election for 

18 Federal office held in November 2022 and each succeeding 

19 election for Federal office.’’. 

20 (b) REIMBURSEMENT FOR COSTS INCURRED BY

21 STATES IN ESTABLISHING PROGRAM.—Subtitle D of title 

22 II of the Help America Vote Act of 2002 (42 U.S.C. 

23 15401 et seq.) is amended by adding at the end the fol24 lowing new part: 


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1 ‘‘PART 7—PAYMENTS TO REIMBURSE STATES 

2 FOR COSTS INCURRED IN ESTABLISHING 

3 PROGRAM TO TRACK AND CONFIRM RE4 CEIPT OF ABSENTEE BALLOTS 

5 ‘‘SEC. 297. PAYMENTS TO STATES. 

6 ‘‘(a) PAYMENTS FOR COSTS OF PROGRAM.—In ac7 cordance with this section, the Commission shall make a 

8 payment to a State to reimburse the State for the costs 

9 incurred in establishing the absentee ballot tracking pro10 gram under section 308 (including costs incurred prior to 

11 the date of the enactment of this part). 

12 ‘‘(b) CERTIFICATION OF COMPLIANCE AND COSTS.— 

13 ‘‘(1) CERTIFICATION REQUIRED.—In order to 

14 receive a payment under this section, a State shall 

15 submit to the Commission a statement containing— 

16 ‘‘(A) a certification that the State has es17 tablished an absentee ballot tracking program 

18 with respect to elections for Federal office held 

19 in the State; and 

20 ‘‘(B) a statement of the costs incurred by 

21 the State in establishing the program. 

22 ‘‘(2) AMOUNT OF PAYMENT.—The amount of a 

23 payment made to a State under this section shall be 

24 equal to the costs incurred by the State in estab25 lishing the absentee ballot tracking program, as set 

26 forth in the statement submitted under paragraph 


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1 (1), except that such amount may not exceed the 

2 product of— 

3 ‘‘(A) the number of jurisdictions in the 

4 State which are responsible for operating the 

5 program; and 

6 ‘‘(B) $3,000. 

7 ‘‘(3) LIMIT ON NUMBER OF PAYMENTS RE8 CEIVED.—A State may not receive more than one 

9 payment under this part. 

10 ‘‘SEC. 297A. AUTHORIZATION OF APPROPRIATIONS. 

11 ‘‘(a) AUTHORIZATION.—There are authorized to be 

12 appropriated to the Commission for fiscal year 2022 and 

13 each succeeding fiscal year such sums as may be necessary 

14 for payments under this part. 

15 ‘‘(b) CONTINUING AVAILABILITY OF FUNDS.—Any 

16 amounts appropriated pursuant to the authorization under 

17 this section shall remain available until expended.’’. 

18 (c) CLERICAL AMENDMENTS.—The table of contents 

19 of such Act, as amended by section 1031(c), section 

20 1101(c), section 1611(c), and section 1621(b), is amend21 ed— 


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1 (1) by adding at the end of the items relating 

2 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.’’; 

3 (2) by redesignating the items relating to sec4 tions 308 and 309 as relating to sections 309 and 

5 310; and 

6 (3) by inserting after the item relating to sec7 tion 307 the following new item: 

‘‘Sec. 308. Absentee ballot tracking program.’’. 

8 SEC. 1623. VOTING MATERIALS POSTAGE. 

9 (a) PREPAYMENT OF POSTAGE ON RETURN ENVE10 LOPES.— 

11 (1) IN GENERAL.—Subtitle A of title III of the 

12 Help America Vote Act of 2002 (52 U.S.C. 21081 

13 et seq.), as amended by section 1031(a), section 

14 1101(a), section 1611(a), section 1621(a), and sec15 tion 1622(a), is amended— 

16 (A) by redesignating sections 309 and 310 

17 as sections 310 and 311; and 

18 (B) by inserting after section 308 the fol19 lowing new section: 


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1 ‘‘SEC. 309. PREPAYMENT OF POSTAGE ON RETURN ENVE2 LOPES FOR VOTING MATERIALS. 

3 ‘‘(a) PROVISION OF RETURN ENVELOPES.—The ap4 propriate State or local election official shall provide a 

5 self-sealing return envelope with— 

6 ‘‘(1) any voter registration application form 

7 transmitted to a registrant by mail; 

8 ‘‘(2) any application for an absentee ballot 

9 transmitted to an applicant by mail; and 

10 ‘‘(3) any blank absentee ballot transmitted to a 

11 voter by mail. 

12 ‘‘(b) PREPAYMENT OF POSTAGE.—Consistent with 

13 regulations of the United States Postal Service, the State 

14 or the unit of local government responsible for the admin15 istration of the election involved shall prepay the postage 

16 on any envelope provided under subsection (a). 

17 ‘‘(c) NO EFFECT ON BALLOTS OR BALLOTING MATE18 RIALS TRANSMITTED TO ABSENT MILITARY AND OVER19 SEAS VOTERS.—Nothing in this section may be construed 

20 to affect the treatment of any ballot or balloting materials 

21 transmitted to an individual who is entitled to vote by ab22 sentee ballot under the Uniformed and Overseas Citizens 

23 Absentee Voting Act (52 U.S.C. 20301 et seq.). 

24 ‘‘(d) EFFECTIVE DATE.—This section shall take ef25 fect on the date that is 90 days after the date of the enact26 ment of this section, except that— 


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1 ‘‘(1) State and local jurisdictions shall make ar2 rangements with the United States Postal Service to 

3 pay for all postage costs that such jurisdictions 

4 would be required to pay under this section if this 

5 section took effect on the date of enactment; and 

6 ‘‘(2) States shall take all reasonable efforts to 

7 provide self-sealing return envelopes as provided in 

8 this section.’’. 

9 (2) CLERICAL AMENDMENT.—The table of con10 tents of such Act, as amended by section 1031(c), 

11 section 1101(c), section 1611(c), and section 

12 1621(b), is amended— 

13 (A) by redesignating the items relating to 

14 sections 309 and 310 as relating to sections 

15 310 and 311; and 

16 (B) by inserting after the item relating to 

17 section 308 the following new item: 

‘‘Sec. 309. Prepayment of postage on return envelopes for voting materials.’’. 

18 (b) ROLE OF UNITED STATES POSTAL SERVICE.— 

19 (1) IN GENERAL.—Chapter 34 of title 39, 

20 United States Code, is amended by adding after sec21 tion 3406 the following: 

22 ‘‘§ 3407. Voting materials; restrictions on operational 

23 changes prior to elections 

24 ‘‘(a) Any voter registration application, absentee bal25 lot application, or absentee ballot with respect to any elecVerDate Sep 11 2014 00:08 Feb 08, 2022 Jkt 029200 PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RDS H1

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1 tion for Federal office shall be carried in accordance with 

2 the service standards established for first-class mail, re3 gardless of the class of postage prepaid. 

4 ‘‘(b) In the case of any election mail carried by the 

5 Postal Service that consists of a ballot, the Postal Service 

6 shall indicate on the ballot envelope, using a postmark or 

7 otherwise— 

8 ‘‘(1) the fact that the ballot was carried by the 

9 Postal Service; and 

10 ‘‘(2) the date on which the ballot was mailed. 

11 ‘‘(c) During the 120-day period which ends on the 

12 date of an election for Federal office, the Postal Service 

13 may not carry out any new operational change that would 

14 restrict the prompt and reliable delivery of voting mate15 rials with respect to the election, including voter registra16 tion applications, absentee ballot applications, and absen17 tee ballots. This paragraph applies to operational changes 

18 which include removing or eliminating any mail collection 

19 box without immediately replacing it, and removing, de20 commissioning, or any other form of stopping the oper21 ation of mail sorting machines, other than for routine 

22 maintenance. 

23 ‘‘(d) The Postal Service shall appoint an Election 

24 Mail Coordinator in every Postal Area and District to fa25 cilitate relevant information sharing with State, territorial, 


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1 local, and tribal election officials in regards to the mailing 

2 of voter registration applications, absentee ballot applica3 tions, and absentee ballots. 

4 ‘‘(e) As used in this section— 

5 ‘‘(1) the term ‘absentee ballot’ means any ballot 

6 transmitted by a voter by mail in an election for 

7 Federal office, but does not include any ballot cov8 ered by section 3406; and 

9 ‘‘(2) the term ‘election for Federal office’ means 

10 a general, special, primary, or runoff election for the 

11 office of President or Vice President, or of Senator 

12 or Representative in, or Delegate or Resident Com13 missioner to, the Congress. 

14 ‘‘(f) Nothing in this section may be construed to af15 fect the treatment of any ballot or balloting materials 

16 transmitted to an individual who is entitled to vote by ab17 sentee ballot under the Uniformed and Overseas Citizens 

18 Absentee Voting Act (52 U.S.C. 20301 et seq.).’’. 

19 (2) MAIL-IN BALLOTS AND POSTAL SERVICE

20 BARCODE SERVICE.— 

21 (A) IN GENERAL.—Section 3001 of title 

22 39, United States Code, is amended by adding 

23 at the end the following: 

24 ‘‘(p) Any ballot sent within the United States for an 

25 election for Federal office is nonmailable and shall not be 


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1 carried or delivered by mail unless the ballot is mailed in 

2 an envelope that— 

3 ‘‘(1) contains a Postal Service barcode (or suc4 cessive service or marking) that enables tracking of 

5 each individual ballot; 

6 ‘‘(2) satisfies requirements for ballot envelope 

7 design that the Postal Service may promulgate by 

8 regulation; 

9 ‘‘(3) satisfies requirements for machineable let10 ters that the Postal Service may promulgate by reg11 ulation; and 

12 ‘‘(4) includes the Official Election Mail Logo 

13 (or any successor label that the Postal Service may 

14 establish for ballots).’’. 

15 (B) APPLICATION.—The amendment made 

16 by subsection (a) shall apply to any election for 

17 Federal office occurring after the date of enact18 ment of this Act. 

19 (3) CLERICAL AMENDMENT.—The table of sec20 tions for chapter 34 of such title is amended by in21 serting after the item relating to section 3406 the 

22 following: 

‘‘3407. Voting materials; restrictions on operational changes prior to elections.’’. 


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1 SEC. 1624. STUDY AND REPORT ON VOTE-BY-MAIL PROCE2 DURES. 

3 (a) STUDY.—The Election Assistance Commission 

4 shall conduct a study on the 2020 elections and compile 

5 a list of recommendations to— 

6 (1) help States transitioning to vote-by-mail 

7 procedures; and 

8 (2) improve their current vote-by-mail systems. 

9 (b) REPORT.—Not later than January 1, 2022, the 

10 Election Assistance Commission shall submit to Congress 

11 a report on the study conducted under subsection (a). 

12 Subtitle J—Absent Uniformed 

13 Services Voters and Overseas 

14 Voters 

15 SEC. 1701. PRE-ELECTION REPORTS ON AVAILABILITY AND 

16 TRANSMISSION OF ABSENTEE BALLOTS. 

17 Section 102(c) of the Uniformed and Overseas Citi18 zens Absentee Voting Act (52 U.S.C. 20302(c)) is amend19 ed to read as follows: 

20 ‘‘(c) REPORTS ON AVAILABILITY, TRANSMISSION, 

21 AND RECEIPT OF ABSENTEE BALLOTS.— 

22 ‘‘(1) PRE-ELECTION REPORT ON ABSENTEE

23 BALLOT AVAILABILITY.—Not later than 55 days be24 fore any regularly scheduled general election for 

25 Federal office, each State shall submit a report to 

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1 mission (hereafter in this subsection referred to as 

2 the ‘Commission’), and the Presidential Designee, 

3 and make that report publicly available that same 

4 day, certifying that absentee ballots for the election 

5 are or will be available for transmission to absent 

6 uniformed services voters and overseas voters by not 

7 later than 45 days before the election. The report 

8 shall be in a form prescribed jointly by the Attorney 

9 General and the Commission and shall require the 

10 State to certify specific information about ballot 

11 availability from each unit of local government which 

12 will administer the election. 

13 ‘‘(2) PRE-ELECTION REPORT ON ABSENTEE

14 BALLOT TRANSMISSION.—Not later than 43 days be15 fore any regularly scheduled general election for 

16 Federal office, each State shall submit a report to 

17 the Attorney General, the Commission, and the 

18 Presidential Designee, and make that report publicly 

19 available that same day, certifying whether all ab20 sentee ballots have been transmitted by not later 

21 than 45 days before the election to all qualified ab22 sent uniformed services and overseas voters whose 

23 requests were received at least 45 days before the 

24 election. The report shall be in a form prescribed 

25 jointly by the Attorney General and the Commission, 


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1 and shall require the State to certify specific infor2 mation about ballot transmission, including the total 

3 numbers of ballot requests received and ballots 

4 transmitted, from each unit of local government 

5 which will administer the election. 

6 ‘‘(3) POST-ELECTION REPORT ON NUMBER OF

7 ABSENTEE BALLOTS TRANSMITTED AND RE8 CEIVED.—Not later than 90 days after the date of 

9 each regularly scheduled general election for Federal 

10 office, each State and unit of local government 

11 which administered the election shall (through the 

12 State, in the case of a unit of local government) sub13 mit a report to the Attorney General, the Commis14 sion, and the Presidential Designee on the combined 

15 number of absentee ballots transmitted to absent 

16 uniformed services voters and overseas voters for the 

17 election and the combined number of such ballots 

18 which were returned by such voters and cast in the 

19 election, and shall make such report available to the 

20 general public that same day.’’. 

21 SEC. 1702. ENFORCEMENT. 

22 (a) AVAILABILITY OF CIVIL PENALTIES AND PRI23 VATE RIGHTS OF ACTION.—Section 105 of the Uniformed 

24 and Overseas Citizens Absentee Voting Act (52 U.S.C. 

25 20307) is amended to read as follows: 


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1 ‘‘SEC. 105. ENFORCEMENT. 

2 ‘‘(a) ACTION BY ATTORNEY GENERAL.— 

3 ‘‘(1) IN GENERAL.—The Attorney General may 

4 bring civil action in an appropriate district court for 

5 such declaratory or injunctive relief as may be nec6 essary to carry out this title. 

7 ‘‘(2) PENALTY.—In a civil action brought under 

8 paragraph (1), if the court finds that the State vio9 lated any provision of this title, it may, to vindicate 

10 the public interest, assess a civil penalty against the 

11 State— 

12 ‘‘(A) in an amount not to exceed $110,000 

13 for each such violation, in the case of a first 

14 violation; or 

15 ‘‘(B) in an amount not to exceed $220,000 

16 for each such violation, for any subsequent vio17 lation. 

18 ‘‘(3) REPORT TO CONGRESS.—Not later than 

19 December 31 of each year, the Attorney General 

20 shall submit to Congress an annual report on any 

21 civil action brought under paragraph (1) during the 

22 preceding year. 

23 ‘‘(b) PRIVATE RIGHT OF ACTION.—A person who is 

24 aggrieved by a State’s violation of this title may bring a 

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1 atory or injunctive relief as may be necessary to carry out 

2 this title. 

3 ‘‘(c) STATE AS ONLY NECESSARY DEFENDANT.—In 

4 any action brought under this section, the only necessary 

5 party defendant is the State, and it shall not be a defense 

6 to any such action that a local election official or a unit 

7 of local government is not named as a defendant, notwith8 standing that a State has exercised the authority described 

9 in section 576 of the Military and Overseas Voter Em10 powerment Act to delegate to another jurisdiction in the 

11 State any duty or responsibility which is the subject of 

12 an action brought under this section.’’. 

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

14 this section shall apply with respect to violations alleged 

15 to have occurred on or after the date of the enactment 

16 of this Act. 

17 SEC. 1703. REVISIONS TO 45-DAY ABSENTEE BALLOT 

18 TRANSMISSION RULE. 

19 (a) REPEAL OF WAIVER AUTHORITY.— 

20 (1) IN GENERAL.—Section 102 of the Uni21 formed and Overseas Citizens Absentee Voting Act 

22 (52 U.S.C. 20302) is amended by striking sub23 section (g). 

24 (2) CONFORMING AMENDMENT.—Section 

25 102(a)(8)(A) of such Act (52 U.S.C. 


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1 20302(a)(8)(A)) is amended by striking ‘‘except as 

2 provided in subsection (g),’’. 

3 (b) REQUIRING USE OF EXPRESS DELIVERY IN CASE

4 OF FAILURE TO MEET REQUIREMENT.—Section 102 of 

5 such Act (52 U.S.C. 20302), as amended by subsection 

6 (a), is amended by inserting after subsection (f) the fol7 lowing new subsection: 

8 ‘‘(g) REQUIRING USE OF EXPRESS DELIVERY IN

9 CASE OF FAILURE TO TRANSMIT BALLOTS WITHIN

10 DEADLINES.— 

11 ‘‘(1) TRANSMISSION OF BALLOT BY EXPRESS

12 DELIVERY.—If a State fails to meet the requirement 

13 of subsection (a)(8)(A) to transmit a validly re14 quested absentee ballot to an absent uniformed serv15 ices voter or overseas voter not later than 45 days 

16 before the election (in the case in which the request 

17 is received at least 45 days before the election)— 

18 ‘‘(A) the State shall transmit the ballot to 

19 the voter by express delivery; or 

20 ‘‘(B) in the case of a voter who has des21 ignated that absentee ballots be transmitted 

22 electronically in accordance with subsection 

23 (f)(1), the State shall transmit the ballot to the 

24 voter electronically. 


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1 ‘‘(2) SPECIAL RULE FOR TRANSMISSION FEWER

2 THAN 40 DAYS BEFORE THE ELECTION.—If, in car3 rying out paragraph (1), a State transmits an ab4 sentee ballot to an absent uniformed services voter 

5 or overseas voter fewer than 40 days before the elec6 tion, the State shall enable the ballot to be returned 

7 by the voter by express delivery, except that in the 

8 case of an absentee ballot of an absent uniformed 

9 services voter for a regularly scheduled general elec10 tion for Federal office, the State may satisfy the re11 quirement of this paragraph by notifying the voter 

12 of the procedures for the collection and delivery of 

13 such ballots under section 103A. 

14 ‘‘(3) PAYMENT FOR USE OF EXPRESS DELIV15 ERY.—The State shall be responsible for the pay16 ment of the costs associated with the use of express 

17 delivery for the transmittal of ballots under this sub18 section.’’. 

19 (c) CLARIFICATION OF TREATMENT OF WEEK20 ENDS.—Section 102(a)(8)(A) of such Act (52 U.S.C. 

21 20302(a)(8)(A)) is amended by striking ‘‘the election;’’ 

22 and inserting the following: ‘‘the election (or, if the 45th 

23 day preceding the election is a weekend or legal public hol24 iday, not later than the most recent weekday which pre25 cedes such 45th day and which is not a legal public holiVerDate Sep 11 2014 00:08 Feb 08, 2022 Jkt 029200 PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RDS H1

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1 day, but only if the request is received by at least such 

2 most recent weekday);’’. 

3 SEC. 1704. USE OF SINGLE ABSENTEE BALLOT APPLICA4 TION FOR SUBSEQUENT ELECTIONS. 

5 (a) IN GENERAL.—Section 104 of the Uniformed and 

6 Overseas Citizens Absentee Voting Act (52 U.S.C. 20306) 

7 is amended to read as follows: 

8 ‘‘SEC. 104. USE OF SINGLE APPLICATION FOR SUBSEQUENT 

9 ELECTIONS. 

10 ‘‘(a) IN GENERAL.—If a State accepts and processes 

11 an official post card form (prescribed under section 101) 

12 submitted by an absent uniformed services voter or over13 seas voter for simultaneous voter registration and absen14 tee ballot application (in accordance with section 

15 102(a)(4)) and the voter requests that the application be 

16 considered an application for an absentee ballot for each 

17 subsequent election for Federal office held in the State 

18 through the next regularly scheduled general election for 

19 Federal office (including any runoff elections which may 

20 occur as a result of the outcome of such general election), 

21 the State shall provide an absentee ballot to the voter for 

22 each such subsequent election. 

23 ‘‘(b) EXCEPTION FOR VOTERS CHANGING REGISTRA24 TION.—Subsection (a) shall not apply with respect to a 

25 voter registered to vote in a State for any election held 


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1 after the voter notifies the State that the voter no longer 

2 wishes to be registered to vote in the State or after the 

3 State determines that the voter has registered to vote in 

4 another State or is otherwise no longer eligible to vote in 

5 the State. 

6 ‘‘(c) PROHIBITION OF REFUSAL OF APPLICATION ON

7 GROUNDS OF EARLY SUBMISSION.—A State may not 

8 refuse to accept or to process, with respect to any election 

9 for Federal office, any otherwise valid voter registration 

10 application or absentee ballot application (including the 

11 postcard form prescribed under section 101) submitted by 

12 an absent uniformed services voter or overseas voter on 

13 the grounds that the voter submitted the application be14 fore the first date on which the State otherwise accepts 

15 or processes such applications for that election which are 

16 submitted by absentee voters who are not members of the 

17 uniformed services or overseas citizens.’’. 

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

19 subsection (a) shall apply with respect to voter registration 

20 and absentee ballot applications which are submitted to 

21 a State or local election official on or after the date of 

22 the enactment of this Act. 


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1 SEC. 1705. EXTENDING GUARANTEE OF RESIDENCY FOR 

2 VOTING PURPOSES TO FAMILY MEMBERS OF 

3 ABSENT MILITARY PERSONNEL. 

4 Section 102 of the Uniformed and Overseas Citizens 

5 Absentee Voting Act (52 U.S.C. 20302) is amended by 

6 adding at the end the following new subsection: 

7 ‘‘(j) GUARANTEE OF RESIDENCY FOR SPOUSES AND

8 DEPENDENTS OF ABSENT MEMBERS OF UNIFORMED

9 SERVICE.—For the purposes of voting for in any election 

10 for any Federal office or any State or local office, a spouse 

11 or dependent of an individual who is an absent uniformed 

12 services voter described in subparagraph (A) or (B) of sec13 tion 107(1) shall not, solely by reason of that individual’s 

14 absence and without regard to whether or not such spouse 

15 or dependent is accompanying that individual— 

16 ‘‘(1) be deemed to have lost a residence or 

17 domicile in that State, without regard to whether or 

18 not that individual intends to return to that State; 

19 ‘‘(2) be deemed to have acquired a residence or 

20 domicile in any other State; or 

21 ‘‘(3) be deemed to have become a resident in or 

22 a resident of any other State.’’. 


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1 SEC. 1706. REQUIRING TRANSMISSION OF BLANK ABSEN2 TEE BALLOTS UNDER UOCAVA TO CERTAIN 

3 VOTERS. 

4 (a) IN GENERAL.—The Uniformed and Overseas 

5 Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.) 

6 is amended by inserting after section 103B the following 

7 new section: 

8 ‘‘SEC. 103C. TRANSMISSION OF BLANK ABSENTEE BALLOTS 

9 TO CERTAIN OTHER VOTERS. 

10 ‘‘(a) IN GENERAL.— 

11 ‘‘(1) STATE RESPONSIBILITIES.—Subject to the 

12 provisions of this section, each State shall transmit 

13 blank absentee ballots electronically to qualified indi14 viduals who request such ballots in the same manner 

15 and under the same terms and conditions under 

16 which the State transmits such ballots electronically 

17 to absent uniformed services voters and overseas vot18 ers under the provisions of section 102(f), except 

19 that no such marked ballots shall be returned elec20 tronically. 

21 ‘‘(2) REQUIREMENTS.—Any blank absentee bal22 lot transmitted to a qualified individual under this 

23 section— 

24 ‘‘(A) must comply with the language re25 quirements under section 203 of the Voting 

26 Rights Act of 1965 (52 U.S.C. 10503); and 


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1 ‘‘(B) must comply with the disability re2 quirements under section 508 of the Rehabilita3 tion Act of 1973 (29 U.S.C. 794d). 

4 ‘‘(3) AFFIRMATION.—The State may not trans5 mit a ballot to a qualified individual under this sec6 tion unless the individual provides the State with a 

7 signed affirmation in electronic form that— 

8 ‘‘(A) the individual is a qualified individual 

9 (as defined in subsection (b)); 

10 ‘‘(B) the individual has not and will not 

11 cast another ballot with respect to the election; 

12 and 

13 ‘‘(C) acknowledges that a material 

14 misstatement of fact in completing the ballot 

15 may constitute grounds for conviction of per16 jury. 

17 ‘‘(4) CLARIFICATION REGARDING FREE POST18 AGE.—An absentee ballot obtained by a qualified in19 dividual under this section shall be considered bal20 loting materials as defined in section 107 for pur21 poses of section 3406 of title 39, United States 

22 Code. 

23 ‘‘(5) PROHIBITING REFUSAL TO ACCEPT BAL24 LOT FOR FAILURE TO MEET CERTAIN REQUIRE25 MENTS.—A State shall not refuse to accept and 


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1 process any otherwise valid blank absentee ballot 

2 which was transmitted to a qualified individual 

3 under this section and used by the individual to vote 

4 in the election solely on the basis of the following: 

5 ‘‘(A) Notarization or witness signature re6 quirements. 

7 ‘‘(B) Restrictions on paper type, including 

8 weight and size. 

9 ‘‘(C) Restrictions on envelope type, includ10 ing weight and size. 

11 ‘‘(b) QUALIFIED INDIVIDUAL.— 

12 ‘‘(1) IN GENERAL.—In this section, except as 

13 provided in paragraph (2), the term ‘qualified indi14 vidual’ means any individual who is otherwise quali15 fied to vote in an election for Federal office and who 

16 meets any of the following requirements: 

17 ‘‘(A) The individual— 

18 ‘‘(i) has previously requested an ab19 sentee ballot from the State or jurisdiction 

20 in which such individual is registered to 

21 vote; and 

22 ‘‘(ii) has not received such absentee 

23 ballot at least 2 days before the date of the 

24 election. 

25 ‘‘(B) The individual— 


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1 ‘‘(i) resides in an area of a State with 

2 respect to which an emergency or public 

3 health emergency has been declared by the 

4 chief executive of the State or of the area 

5 involved within 5 days of the date of the 

6 election under the laws of the State due to 

7 reasons including a natural disaster, in8 cluding severe weather, or an infectious 

9 disease; and 

10 ‘‘(ii) has not previously requested an 

11 absentee ballot. 

12 ‘‘(C) The individual expects to be absent 

13 from such individual’s jurisdiction on the date 

14 of the election due to professional or volunteer 

15 service in response to a natural disaster or 

16 emergency as described in subparagraph (B). 

17 ‘‘(D) The individual is hospitalized or ex18 pects to be hospitalized on the date of the elec19 tion. 

20 ‘‘(E) The individual is an individual with a 

21 disability (as defined in section 3 of the Ameri22 cans with Disabilities Act of 1990 (42 U.S.C. 

23 12102)) and resides in a State which does not 

24 offer voters the ability to use secure and acces25 sible remote ballot marking. For purposes of 


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1 this subparagraph, a State shall permit an indi2 vidual to self-certify that the individual is an in3 dividual with a disability. 

4 ‘‘(2) EXCLUSION OF ABSENT UNIFORMED SERV5 ICES AND OVERSEAS VOTERS.—The term ‘qualified 

6 individual’ shall not include an absent uniformed 

7 services voter or an overseas voter. 

8 ‘‘(c) STATE.—For purposes of this section, the term 

9 ‘State’ includes the District of Columbia, the Common10 wealth of Puerto Rico, Guam, American Samoa, the 

11 United States Virgin Islands, and the Commonwealth of 

12 the Northern Mariana Islands. 

13 ‘‘(d) EFFECTIVE DATE.—This section shall apply 

14 with respect to the regularly scheduled general election for 

15 Federal office held in November 2022 and each succeeding 

16 election for Federal office.’’. 

17 (b) CONFORMING AMENDMENT.—Section 102(a) of 

18 such Act (52 U.S.C. 20302(a)) is amended— 

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

20 (10); 

21 (2) by striking the period at the end of para22 graph (11) and inserting ‘‘; and’’; and 

23 (3) by adding at the end the following new 

24 paragraph: 


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1 ‘‘(12) meet the requirements of section 103C 

2 with respect to the provision of blank absentee bal3 lots for the use of qualified individuals described in 

4 such section.’’. 

5 (c) CLERICAL AMENDMENTS.—The table of contents 

6 of such Act is amended by inserting the following after 

7 section 103: 

‘‘Sec. 103A. Procedures for collection and delivery of marked absentee ballots 

of absent overseas uniformed services voters. 

‘‘Sec. 103B. Federal voting assistance program improvements. 

‘‘Sec. 103C. Transmission of blank absentee ballots to certain other voters.’’. 

8 SEC. 1707. DEPARTMENT OF JUSTICE REPORT ON VOTER 

9 DISENFRANCHISEMENT. 

10 Not later than 1 year of enactment of this Act, the 

11 Attorney General shall submit to Congress a report on the 

12 impact of wide-spread mail-in voting on the ability of ac13 tive duty military servicemembers to vote, how quickly 

14 their votes are counted, and whether higher volumes of 

15 mail-in votes makes it harder for such individuals to vote 

16 in federal elections. 

17 SEC. 1708. EFFECTIVE DATE. 

18 Except as provided in section 1702(b) and section 

19 1704(b), the amendments made by this subtitle shall apply 

20 with respect to elections occurring on or after January 1, 

21 2022. 


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1 Subtitle K—Poll Worker 

2 Recruitment and Training 

3 SEC. 1801. GRANTS TO STATES FOR POLL WORKER RE4 CRUITMENT AND TRAINING. 

5 (a) GRANTS BY ELECTION ASSISTANCE COMMIS6 SION.— 

7 (1) IN GENERAL.—The Election Assistance 

8 Commission (hereafter referred to as the ‘‘Commis9 sion’’) shall, subject to the availability of appropria10 tions provided to carry out this section, make a 

11 grant to each eligible State for recruiting and train12 ing individuals to serve as poll workers on dates of 

13 elections for public office. 

14 (2) USE OF COMMISSION MATERIALS.—In car15 rying out activities with a grant provided under this 

16 section, the recipient of the grant shall use the man17 ual prepared by the Commission on successful prac18 tices for poll worker recruiting, training and reten19 tion as an interactive training tool, and shall develop 

20 training programs with the participation and input 

21 of experts in adult learning. 

22 (3) ACCESS AND CULTURAL CONSIDER23 ATIONS.—The Commission shall ensure that the 

24 manual described in paragraph (2) provides training 

25 in methods that will enable poll workers to provide 


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1 access and delivery of services in a culturally com2 petent manner to all voters who use their services, 

3 including those with limited English proficiency, di4 verse cultural and ethnic backgrounds, disabilities, 

5 and regardless of gender, sexual orientation, or gen6 der identity. These methods must ensure that each 

7 voter will have access to poll worker services that are 

8 delivered in a manner that meets the unique needs 

9 of the voter. 

10 (b) REQUIREMENTS FOR ELIGIBILITY.— 

11 (1) APPLICATION.—Each State that desires to 

12 receive a payment under this section shall submit an 

13 application for the payment to the Commission at 

14 such time and in such manner and containing such 

15 information as the Commission shall require. 

16 (2) CONTENTS OF APPLICATION.—Each appli17 cation submitted under paragraph (1) shall— 

18 (A) describe the activities for which assist19 ance under this section is sought; 

20 (B) provide assurances that the funds pro21 vided under this section will be used to supple22 ment and not supplant other funds used to 

23 carry out the activities; 

24 (C) provide assurances that the State will 

25 furnish the Commission with information on the 


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1 number of individuals who served as poll work2 ers after recruitment and training with the 

3 funds provided under this section; 

4 (D) provide assurances that the State will 

5 dedicate poll worker recruitment efforts with re6 spect to youth and minors, including by recruit7 ing at institutions of higher education and sec8 ondary education; and 

9 (E) provide such additional information 

10 and certifications as the Commission deter11 mines to be essential to ensure compliance with 

12 the requirements of this section. 

13 (c) AMOUNT OF GRANT.— 

14 (1) IN GENERAL.—The amount of a grant 

15 made to a State under this section shall be equal to 

16 the product of— 

17 (A) the aggregate amount made available 

18 for grants to States under this section; and 

19 (B) the voting age population percentage 

20 for the State. 

21 (2) VOTING AGE POPULATION PERCENTAGE DE22 FINED.—In paragraph (1), the ‘‘voting age popu23 lation percentage’’ for a State is the quotient of— 

24 (A) the voting age population of the State 

25 (as determined on the basis of the most recent 


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1 information available from the Bureau of the 

2 Census); and 

3 (B) the total voting age population of all 

4 States (as determined on the basis of the most 

5 recent information available from the Bureau of 

6 the Census). 

7 (d) REPORTS TO CONGRESS.— 

8 (1) REPORTS BY RECIPIENTS OF GRANTS.—Not 

9 later than 6 months after the date on which the 

10 final grant is made under this section, each recipient 

11 of a grant shall submit a report to the Commission 

12 on the activities conducted with the funds provided 

13 by the grant. 

14 (2) REPORTS BY COMMISSION.—Not later than 

15 1 year after the date on which the final grant is 

16 made under this section, the Commission shall sub17 mit a report to Congress on the grants made under 

18 this section and the activities carried out by recipi19 ents with the grants, and shall include in the report 

20 such recommendations as the Commission considers 

21 appropriate. 

22 (e) FUNDING.— 

23 (1) CONTINUING AVAILABILITY OF AMOUNT AP24 PROPRIATED.—Any amount appropriated to carry 


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1 out this section shall remain available without fiscal 

2 year limitation until expended. 

3 (2) ADMINISTRATIVE EXPENSES.—Of the 

4 amount appropriated for any fiscal year to carry out 

5 this section, not more than 3 percent shall be avail6 able for administrative expenses of the Commission. 

7 SEC. 1802. STATE DEFINED. 

8 In this subtitle, the term ‘‘State’’ includes the Dis9 trict of Columbia, the Commonwealth of Puerto Rico, 

10 Guam, American Samoa, the United States Virgin Is11 lands, and the Commonwealth of the Northern Mariana 

12 Islands. 

13 Subtitle L—Enhancement of 

14 Enforcement 

15 SEC. 1811. ENHANCEMENT OF ENFORCEMENT OF HELP 

16 AMERICA VOTE ACT OF 2002. 

17 (a) COMPLAINTS; AVAILABILITY OF PRIVATE RIGHT

18 OF ACTION.—Section 401 of the Help America Vote Act 

19 of 2002 (52 U.S.C. 21111) is amended— 

20 (1) by striking ‘‘The Attorney General’’ and in21 serting ‘‘(a) IN GENERAL.—The Attorney General’’; 

22 and 

23 (2) by adding at the end the following new sub24 sections: 


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1 ‘‘(b) FILING OF COMPLAINTS BY AGGRIEVED PER2 SONS.— 

3 ‘‘(1) IN GENERAL.—A person who is aggrieved 

4 by a violation of title III which has occurred, is oc5 curring, or is about to occur may file a written, 

6 signed, notarized complaint with the Attorney Gen7 eral describing the violation and requesting the At8 torney General to take appropriate action under this 

9 section. The Attorney General shall immediately pro10 vide a copy of a complaint filed under the previous 

11 sentence to the entity responsible for administering 

12 the State-based administrative complaint procedures 

13 described in section 402(a) for the State involved. 

14 ‘‘(2) RESPONSE BY ATTORNEY GENERAL.—The 

15 Attorney General shall respond to each complaint 

16 filed under paragraph (1), in accordance with proce17 dures established by the Attorney General that re18 quire responses and determinations to be made with19 in the same (or shorter) deadlines which apply to a 

20 State under the State-based administrative com21 plaint procedures described in section 402(a)(2). 

22 The Attorney General shall immediately provide a 

23 copy of the response made under the previous sen24 tence to the entity responsible for administering the 


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1 State-based administrative complaint procedures de2 scribed in section 402(a) for the State involved. 

3 ‘‘(c) AVAILABILITY OF PRIVATE RIGHT OF AC4 TION.—Any person who is authorized to file a complaint 

5 under subsection (b)(1) (including any individual who 

6 seeks to enforce the individual’s right to a voter-verified 

7 paper ballot, the right to have the voter-verified paper bal8 lot counted in accordance with this Act, or any other right 

9 under title III) may file an action under section 1979 of 

10 the Revised Statutes of the United States (42 U.S.C. 

11 1983) to enforce the uniform and nondiscriminatory elec12 tion technology and administration requirements under 

13 subtitle A of title III. 

14 ‘‘(d) NO EFFECT ON STATE PROCEDURES.—Nothing 

15 in this section may be construed to affect the availability 

16 of the State-based administrative complaint procedures re17 quired under section 402 to any person filing a complaint 

18 under this subsection.’’. 

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

20 this section shall apply with respect to violations occurring 

21 with respect to elections for Federal office held in 2022 

22 or any succeeding year. 


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1 Subtitle M—Federal Election 

2 Integrity 

3 SEC. 1821. PROHIBITION ON CAMPAIGN ACTIVITIES BY 

4 CHIEF STATE ELECTION ADMINISTRATION 

5 OFFICIALS. 

6 (a) IN GENERAL.—Title III of the Federal Election 

7 Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is 

8 amended by inserting after section 319 the following new 

9 section: 

10 ‘‘CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION

11 ADMINISTRATION OFFICIALS

12 ‘‘SEC. 319A. (a) PROHIBITION.—It shall be unlawful 

13 for a chief State election administration official to take 

14 an active part in political management or in a political 

15 campaign with respect to any election for Federal office 

16 over which such official has supervisory authority. 

17 ‘‘(b) CHIEF STATE ELECTION ADMINISTRATION OF18 FICIAL.—The term ‘chief State election administration of19 ficial’ means the highest State official with responsibility 

20 for the administration of Federal elections under State 

21 law. 

22 ‘‘(c) ACTIVE PART IN POLITICAL MANAGEMENT OR

23 IN A POLITICAL CAMPAIGN.—The term ‘active part in po24 litical management or in a political campaign’ means— 


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1 ‘‘(1) holding any position (including any unpaid 

2 or honorary position) with an authorized committee 

3 of a candidate, or participating in any decision-mak4 ing of an authorized committee of a candidate; 

5 ‘‘(2) the use of official authority or influence 

6 for the purpose of interfering with or affecting the 

7 result of an election for Federal office; 

8 ‘‘(3) the solicitation, acceptance, or receipt of a 

9 contribution from any person on behalf of a can10 didate for Federal office; and 

11 ‘‘(4) any other act which would be prohibited 

12 under paragraph (2) or (3) of section 7323(b) of 

13 title 5, United States Code, if taken by an individual 

14 to whom such paragraph applies (other than any 

15 prohibition on running for public office). 

16 ‘‘(d) EXCEPTION IN CASE OF RECUSAL FROM AD17 MINISTRATION OF ELECTIONS INVOLVING OFFICIAL OR

18 IMMEDIATE FAMILY MEMBER.— 

19 ‘‘(1) IN GENERAL.—This section does not apply 

20 to a chief State election administration official with 

21 respect to an election for Federal office in which the 

22 official or an immediate family member of the offi23 cial is a candidate, but only if— 


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1 ‘‘(A) such official recuses himself or herself 

2 from all of the official’s responsibilities for the 

3 administration of such election; and 

4 ‘‘(B) the official who assumes responsi5 bility for supervising the administration of the 

6 election does not report directly to such official. 

7 ‘‘(2) IMMEDIATE FAMILY MEMBER DEFINED.— 

8 In paragraph (1), the term ‘immediate family mem9 ber’ means, with respect to a candidate, a father, 

10 mother, son, daughter, brother, sister, husband, 

11 wife, father-in-law, or mother-in-law.’’. 

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

13 subsection (a) shall apply with respect to elections for 

14 Federal office held after December 2021. 

15 Subtitle N—Promoting Voter Ac16 cess Through Election Adminis17 tration Improvements 

18 PART 1—PROMOTING VOTER ACCESS 

19 SEC. 1901. TREATMENT OF INSTITUTIONS OF HIGHER EDU20 CATION. 

21 (a) TREATMENT OF CERTAIN INSTITUTIONS AS

22 VOTER REGISTRATION AGENCIES UNDER NATIONAL

23 VOTER REGISTRATION ACT OF 1993.—Section 7(a) of the 

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

25 20506(a)) is amended— 


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1 (1) in paragraph (2)— 

2 (A) by striking ‘‘and’’ at the end of sub3 paragraph (A); 

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

5 subparagraph (B) and inserting ‘‘; and’’; and 

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

7 subparagraph: 

8 ‘‘(C) each institution of higher education 

9 which has a program participation agreement in 

10 effect with the Secretary of Education under 

11 section 487 of the Higher Education Act of 

12 1965 (20 U.S.C. 1094), other than an institu13 tion which is treated as a contributing agency 

14 under the Automatic Voter Registration Act of 

15 2021.’’; and 

16 (2) in paragraph (6)(A), by inserting ‘‘or, in 

17 the case of an institution of higher education, with 

18 each registration of a student for enrollment in a 

19 course of study, including enrollment in a program 

20 of distance education, as defined in section 103(7) 

21 of the Higher Education Act of 1965 (20 U.S.C. 

22 1003(7)),’’ after ‘‘assistance,’’. 

23 (b) RESPONSIBILITIES OF INSTITUTIONS UNDER

24 HIGHER EDUCATION ACT OF 1965.— 


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1 (1) IN GENERAL.—Section 487(a)(23) of the 

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

3 1094(a)(23)) is amended to read as follows: 

4 ‘‘(23)(A)(i) The institution will ensure that an 

5 appropriate staff person or office is designated pub6 licly as a ‘Campus Vote Coordinator’ and will ensure 

7 that such person’s or office’s contact information is 

8 included on the institution’s website. 

9 ‘‘(ii) Not fewer than twice during each calendar 

10 year (beginning with 2021), the Campus Vote Coor11 dinator shall transmit electronically to each student 

12 enrolled in the institution (including students en13 rolled in distance education programs) a message 

14 containing the following information: 

15 ‘‘(I) Information on the location of polling 

16 places in the jurisdiction in which the institu17 tion is located, together with information on 

18 available methods of transportation to and from 

19 such polling places. 

20 ‘‘(II) A referral to a government-affiliated 

21 website or online platform which provides cen22 tralized voter registration information for all 

23 States, including access to applicable voter reg24 istration forms and information to assist indiVerDate Sep 11 2014 00:08 Feb 08, 2022 Jkt 029200 PO 00000 Frm 00240 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RDS H1

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1 viduals who are not registered to vote in reg2 istering to vote. 

3 ‘‘(III) Any additional voter registration 

4 and voting information the Coordinator con5 siders appropriate, in consultation with the ap6 propriate State election official. 

7 ‘‘(iii) In addition to transmitting the message 

8 described in clause (ii) not fewer than twice during 

9 each calendar year, the Campus Vote Coordinator 

10 shall transmit the message under such clause, and 

11 shall include on the institution’s website and boost 

12 awareness on the institution’s social media plat13 forms, not fewer than 30 days prior to the deadline 

14 for registering to vote for any election for Federal, 

15 State, or local office in the State. 

16 ‘‘(B) If the institution in its normal course of 

17 operations requests each student registering for en18 rollment in a course of study, including students 

19 registering for enrollment in a program of distance 

20 education, to affirm whether or not the student is a 

21 United States citizen, the institution will comply 

22 with the applicable requirements for a contributing 

23 agency under the Automatic Voter Registration Act 

24 of 2021. 


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1 ‘‘(C) If the institution is not described in sub2 paragraph (B), the institution will comply with the 

3 requirements for a voter registration agency in the 

4 State in which it is located in accordance with sec5 tion 7 of the National Voter Registration Act of 

6 1993 (52 U.S.C. 20506). 

7 ‘‘(D) This paragraph applies only with respect 

8 to an institution which is located in a State to which 

9 section 4(b) of the National Voter Registration Act 

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

11 (2) EFFECTIVE DATE.—The amendments made 

12 by this subsection shall apply with respect to elec13 tions held on or after January 1, 2022. 

14 (c) GRANTS TO INSTITUTIONS DEMONSTRATING EX15 CELLENCE IN STUDENT VOTER REGISTRATION.— 

16 (1) GRANTS AUTHORIZED.—The Secretary of 

17 Education may award competitive grants to public 

18 and private nonprofit institutions of higher edu19 cation that are subject to the requirements of sec20 tion 487(a)(23) of the Higher Education Act of 

21 1965 (20 U.S.C. 1094(a)(23)), as amended by sub22 section (a), and that the Secretary determines have 

23 demonstrated excellence in registering students to 

24 vote in elections for public office beyond meeting the 

25 minimum requirements of such section. 


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1 (2) ELIGIBILITY.—An institution of higher edu2 cation is eligible to receive a grant under this sub3 section if the institution submits to the Secretary of 

4 Education, at such time and in such form as the 

5 Secretary may require, an application containing 

6 such information and assurances as the Secretary 

7 may require to make the determination described in 

8 paragraph (1), including information and assurances 

9 that the institution carried out activities to promote 

10 voter registration by students, such as the following: 

11 (A) Sponsoring large on-campus voter mo12 bilization efforts. 

13 (B) Engaging the surrounding community 

14 in nonpartisan voter registration and get out 

15 the vote efforts, including initiatives to facilitate 

16 the enfranchisement of groups of individuals 

17 that have historically faced barriers to voting. 

18 (C) Creating a website for students with 

19 centralized information about voter registration 

20 and election dates. 

21 (D) Inviting candidates to speak on cam22 pus. 

23 (E) Offering rides to students to the polls 

24 to increase voter education, registration, and 

25 mobilization. 


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1 (3) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated for fiscal 

3 year 2022 and each succeeding fiscal year such sums 

4 as may be necessary to award grants under this sub5 section. Of the funds appropriated, the Secretary 

6 shall ensure that 25 percent is reserved for Minority 

7 Institutions described in section 371(a) of the High8 er Education Act of 1965 (20 U.S.C. 1067q(a)). 

9 (d) SENSE OF CONGRESS RELATING TO OPTION OF

10 STUDENTS TO REGISTER IN JURISDICTION OF INSTITU11 TION OF HIGHER EDUCATION OR JURISDICTION OF DOMI12 CILE.—It is the sense of Congress that, as provided under 

13 existing law, students who attend an institution of higher 

14 education and reside in the jurisdiction of the institution 

15 while attending the institution should have the option of 

16 registering to vote, without being subjected to intimidation 

17 or deceptive practices, in elections for Federal office in 

18 that jurisdiction or in the jurisdiction of their own domi19 cile. 

20 SEC. 1902. MINIMUM NOTIFICATION REQUIREMENTS FOR 

21 VOTERS AFFECTED BY POLLING PLACE 

22 CHANGES. 

23 (a) REQUIREMENTS.—Section 302 of the Help Amer24 ica Vote Act of 2002 (52 U.S.C. 21082), as amended by 

25 section 1601(a), is amended— 


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1 (1) by redesignating subsection (f) as sub2 section (g); and 

3 (2) by inserting after subsection (e) the fol4 lowing new subsection: 

5 ‘‘(f) MINIMUM NOTIFICATION REQUIREMENTS FOR

6 VOTERS AFFECTED BY POLLING PLACE CHANGES.— 

7 ‘‘(1) IN GENERAL.—If a State assigns an indi8 vidual who is a registered voter in a State to a poll9 ing place with respect to an election for Federal of10 fice which is not the same polling place to which the 

11 individual was previously assigned with respect to 

12 the most recent election for Federal office in the 

13 State in which the individual was eligible to vote— 

14 ‘‘(A) the State shall notify the individual of 

15 the location of the polling place not later than 

16 7 days before the date of the election or the 

17 first day of an early voting period (whichever 

18 occurs first); or 

19 ‘‘(B) if the State makes such an assign20 ment fewer than 7 days before the date of the 

21 election and the individual appears on the date 

22 of the election at the polling place to which the 

23 individual was previously assigned, the State 

24 shall make every reasonable effort to enable the 

25 individual to vote on the date of the election. 


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1 ‘‘(2) METHODS OF NOTIFICATION.—The State 

2 shall notify an individual under subparagraph (A) of 

3 paragraph (1) by mail, telephone, and (if available) 

4 text message and electronic mail, taking into consid5 eration factors which include the linguistic pref6 erences of voters in the jurisdiction. 

7 ‘‘(3) PLACEMENT OF SIGNS AT CLOSED POLL8 ING PLACES.—If a location which served as a polling 

9 place in an election for Federal office does not serve 

10 as a polling place in the next election for Federal of11 fice held in the jurisdiction involved, the State shall 

12 ensure that signs are posted at such location on the 

13 date of the election and during any early voting pe14 riod for the election containing the following infor15 mation, taking into consideration factors which in16 clude the linguistic preferences of voters in the juris17 diction: 

18 ‘‘(A) A statement that the location is not 

19 serving as a polling place in the election. 

20 ‘‘(B) The locations serving as polling 

21 places in the election in the jurisdiction in22 volved. 

23 ‘‘(C) Contact information, including a tele24 phone number and website, for the appropriate 

25 State or local election official through which an 


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1 individual may find the polling place to which 

2 the individual is assigned for the election. 

3 ‘‘(4) EFFECTIVE DATE.—This subsection shall 

4 apply with respect to elections held on or after Janu5 ary 1, 2021.’’. 

6 (b) CONFORMING AMENDMENT.—Section 302(g) of 

7 such Act (52 U.S.C. 21082(g)), as redesignated by sub8 section (a) and as amended by section 1601(b), is amend9 ed by striking ‘‘(d)(2) and (e)(2)’’ and inserting ‘‘(d)(2), 

10 (e)(2), and (f)(4)’’. 

11 SEC. 1903. PERMITTING USE OF SWORN WRITTEN STATE12 MENT TO MEET IDENTIFICATION REQUIRE13 MENTS FOR VOTING. 

14 (a) PERMITTING USE OF STATEMENT.—Title III of 

15 the Help America Vote Act of 2002 (52 U.S.C. 21081 et 

16 seq.) is amended by inserting after section 303 the fol17 lowing new section: 

18 ‘‘SEC. 303A. PERMITTING USE OF SWORN WRITTEN STATE19 MENT TO MEET IDENTIFICATION REQUIRE20 MENTS. 

21 ‘‘(a) USE OF STATEMENT.— 

22 ‘‘(1) IN GENERAL.—Except as provided in sub23 section (c), if a State has in effect a requirement 

24 that an individual present identification as a condi25 tion of receiving and casting a ballot in an election 


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1 for Federal office, the State shall permit the indi2 vidual to meet the requirement— 

3 ‘‘(A) in the case of an individual who de4 sires to vote in person, by presenting the appro5 priate State or local election official with a 

6 sworn written statement, signed by the indi7 vidual under penalty of perjury, attesting to the 

8 individual’s identity and attesting that the indi9 vidual is eligible to vote in the election; or 

10 ‘‘(B) in the case of an individual who de11 sires to vote by mail, by submitting with the 

12 ballot the statement described in subparagraph 

13 (A). 

14 ‘‘(2) DEVELOPMENT OF PRE-PRINTED VERSION

15 OF STATEMENT BY COMMISSION.—The Commission 

16 shall develop a pre-printed version of the statement 

17 described in paragraph (1)(A) which includes a 

18 blank space for an individual to provide a name and 

19 signature for use by election officials in States which 

20 are subject to paragraph (1). 

21 ‘‘(3) PROVIDING PRE-PRINTED COPY OF STATE22 MENT.—A State which is subject to paragraph (1) 

23 shall— 

24 ‘‘(A) make copies of the pre-printed 

25 version of the statement described in paragraph 


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1 (1)(A) which is prepared by the Commission 

2 available at polling places for election officials 

3 to distribute to individuals who desire to vote in 

4 person; and 

5 ‘‘(B) include a copy of such pre-printed 

6 version of the statement with each blank absen7 tee or other ballot transmitted to an individual 

8 who desires to vote by mail. 

9 ‘‘(b) REQUIRING USE OF BALLOT IN SAME MANNER

10 AS INDIVIDUALS PRESENTING IDENTIFICATION.—An in11 dividual who presents or submits a sworn written state12 ment in accordance with subsection (a)(1) shall be per13 mitted to cast a ballot in the election in the same manner 

14 as an individual who presents identification. 

15 ‘‘(c) EXCEPTION FOR FIRST-TIME VOTERS REG16 ISTERING BY MAIL.—Subsections (a) and (b) do not apply 

17 with respect to any individual described in paragraph (1) 

18 of section 303(b) who is required to meet the requirements 

19 of paragraph (2) of such section.’’. 

20 (b) REQUIRING STATES TO INCLUDE INFORMATION

21 ON USE OF SWORN WRITTEN STATEMENT IN VOTING IN22 FORMATION MATERIAL POSTED AT POLLING PLACES.— 

23 Section 302(b)(2) of such Act (52 U.S.C. 21082(b)(2)), 

24 as amended by section 1072(b) and section 1202(b), is 

25 amended— 


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1 (1) by striking ‘‘and’’ at the end of subpara2 graph (G); 

3 (2) by striking the period at the end of sub4 paragraph (H) and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following new sub6 paragraph: 

7 ‘‘(I) in the case of a State that has in ef8 fect a requirement that an individual present 

9 identification as a condition of receiving and 

10 casting a ballot in an election for Federal office, 

11 information on how an individual may meet 

12 such requirement by presenting a sworn written 

13 statement in accordance with section 303A.’’. 

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

15 of such Act is amended by inserting after the item relating 

16 to section 303 the following new item: 

‘‘Sec. 303A. Permitting use of sworn written statement to meet identification 

requirements.’’. 

17 (e) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply with respect to elections occurring 

19 on or after the date of the enactment of this Act. 

20 SEC. 1904. ACCOMMODATIONS FOR VOTERS RESIDING IN 

21 INDIAN LANDS. 

22 (a) ACCOMMODATIONS DESCRIBED.— 

23 (1) DESIGNATION OF BALLOT PICKUP AND COL24 LECTION LOCATIONS.—Given the widespread lack of 


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1 residential mail delivery in Indian Country, an In2 dian Tribe may designate buildings as ballot pickup 

3 and collection locations with respect to an election 

4 for Federal office at no cost to the Indian Tribe. An 

5 Indian Tribe may designate one building per pre6 cinct located within Indian lands. The applicable 

7 State or political subdivision shall collect ballots 

8 from those locations. The applicable State or polit9 ical subdivision shall provide the Indian Tribe with 

10 accurate precinct maps for all precincts located with11 in Indian lands 60 days before the election. 

12 (2) PROVISION OF MAIL-IN AND ABSENTEE

13 BALLOTS.—The State or political subdivision shall 

14 provide mail-in and absentee ballots with respect to 

15 an election for Federal office to each individual who 

16 is registered to vote in the election who resides on 

17 Indian lands in the State or political subdivision in18 volved without requiring a residential address or a 

19 mail-in or absentee ballot request. 

20 (3) USE OF DESIGNATED BUILDING AS RESI21 DENTIAL AND MAILING ADDRESS.—The address of a 

22 designated building that is a ballot pickup and col23 lection location with respect to an election for Fed24 eral office may serve as the residential address and 

25 mailing address for voters living on Indian lands if 


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1 the tribally designated building is in the same pre2 cinct as that voter. If there is no tribally designated 

3 building within a voter’s precinct, the voter may use 

4 another tribally designated building within the In5 dian lands where the voter is located. Voters using 

6 a tribally designated building outside of the voter’s 

7 precinct may use the tribally designated building as 

8 a mailing address and may separately designate the 

9 voter’s appropriate precinct through a description of 

10 the voter’s address, as specified in section 

11 9428.4(a)(2) of title 11, Code of Federal Regula12 tions. 

13 (4) LANGUAGE ACCESSIBILITY.—In the case of 

14 a State or political subdivision that is a covered 

15 State or political subdivision under section 203 of 

16 the Voting Rights Act of 1965 (52 U.S.C. 10503), 

17 that State or political subdivision shall provide ab18 sentee or mail-in voting materials with respect to an 

19 election for Federal office in the language of the ap20 plicable minority group as well as in the English lan21 guage, bilingual election voting assistance, and writ22 ten translations of all voting materials in the lan23 guage of the applicable minority group, as required 

24 by section 203 of the Voting Rights Act of 1965 (52 

25 U.S.C. 10503), as amended by subsection (b). 


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1 (5) CLARIFICATION.—Nothing in this section 

2 alters the ability of an individual voter residing on 

3 Indian lands to request a ballot in a manner avail4 able to all other voters in the State. 

5 (6) DEFINITIONS.—In this section: 

6 (A) ELECTION FOR FEDERAL OFFICE.— 

7 The term ‘‘election for Federal office’’ means a 

8 general, special, primary or runoff election for 

9 the office of President or Vice President, or of 

10 Senator or Representative in, or Delegate or 

11 Resident Commissioner to, the Congress. 

12 (B) INDIAN.—The term ‘‘Indian’’ has the 

13 meaning given the term in section 4 of the In14 dian Self-Determination and Education Assist15 ance Act (25 U.S.C. 5304). 

16 (C) INDIAN LANDS.—The term ‘‘Indian 

17 lands’’ includes— 

18 (i) any Indian country of an Indian 

19 Tribe, as defined under section 1151 of 

20 title 18, United States Code; 

21 (ii) any land in Alaska owned, pursu22 ant to the Alaska Native Claims Settle23 ment Act (43 U.S.C. 1601 et seq.), by an 

24 Indian Tribe that is a Native village (as 

25 defined in section 3 of that Act (43 U.S.C. 


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1 1602)) or by a Village Corporation that is 

2 associated with an Indian Tribe (as de3 fined in section 3 of that Act (43 U.S.C. 

4 1602)); 

5 (iii) any land on which the seat of the 

6 Tribal Government is located; and 

7 (iv) any land that is part or all of a 

8 Tribal designated statistical area associ9 ated with an Indian Tribe, or is part or all 

10 of an Alaska Native village statistical area 

11 associated with an Indian Tribe, as defined 

12 by the Census Bureau for the purposes of 

13 the most recent decennial census. 

14 (D) INDIAN TRIBE.—The term ‘‘Indian 

15 Tribe’’ has the meaning given the term ‘‘Indian 

16 tribe’’ in section 4 of the Indian Self-Deter17 mination and Education Assistance Act (25 

18 U.S.C. 5304). 

19 (E) TRIBAL GOVERNMENT.—The term 

20 ‘‘Tribal Government’’ means the recognized 

21 governing body of an Indian Tribe. 

22 (7) ENFORCEMENT.— 

23 (A) ATTORNEY GENERAL.—The Attorney 

24 General may bring a civil action in an appro25 priate district court for such declaratory or inVerDate Sep 11 2014 00:08 Feb 08, 2022 Jkt 029200 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RDS H1

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1 junctive relief as is necessary to carry out this 

2 subsection. 

3 (B) PRIVATE RIGHT OF ACTION.— 

4 (i) A person or Tribal Government 

5 who is aggrieved by a violation of this sub6 section may provide written notice of the 

7 violation to the chief election official of the 

8 State involved. 

9 (ii) An aggrieved person or Tribal 

10 Government may bring a civil action in an 

11 appropriate district court for declaratory 

12 or injunctive relief with respect to a viola13 tion of this subsection, if— 

14 (I) that person or Tribal Govern15 ment provides the notice described in 

16 clause (i); and 

17 (II)(aa) in the case of a violation 

18 that occurs more than 120 days be19 fore the date of an election for Fed20 eral office, the violation remains and 

21 90 days or more have passed since the 

22 date on which the chief election offi23 cial of the State receives the notice 

24 under clause (i); or 


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1 (bb) in the case of a violation 

2 that occurs 120 days or less before 

3 the date of an election for Federal of4 fice, the violation remains and 20 

5 days or more have passed since the 

6 date on which the chief election offi7 cial of the State receives the notice 

8 under clause (i). 

9 (iii) In the case of a violation of this 

10 section that occurs 30 days or less before 

11 the date of an election for Federal office, 

12 an aggrieved person or Tribal Government 

13 may bring a civil action in an appropriate 

14 district court for declaratory or injunctive 

15 relief with respect to the violation without 

16 providing notice to the chief election offi17 cial of the State under clause (i). 

18 (b) BILINGUAL ELECTION REQUIREMENTS.—Section 

19 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503) 

20 is amended— 

21 (1) in subsection (b)(3)(C)), by striking ‘‘1990’’ 

22 and inserting ‘‘2010’’; and 

23 (2) by striking subsection (c) and inserting the 

24 following: 


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1 ‘‘(c) PROVISION OF VOTING MATERIALS IN THE LAN2 GUAGE OF A MINORITY GROUP.— 

3 ‘‘(1) IN GENERAL.—Whenever any State or po4 litical subdivision subject to the prohibition of sub5 section (b) of this section provides any registration 

6 or voting notices, forms, instructions, assistance, or 

7 other materials or information relating to the elec8 toral process, including ballots, it shall provide them 

9 in the language of the applicable minority group as 

10 well as in the English language. 

11 ‘‘(2) EXCEPTIONS.— 

12 ‘‘(A) In the case of a minority group that 

13 is not American Indian or Alaska Native and 

14 the language of that minority group is oral or 

15 unwritten, the State or political subdivision 

16 shall only be required to furnish, in the covered 

17 language, oral instructions, assistance, trans18 lation of voting materials, or other information 

19 relating to registration and voting. 

20 ‘‘(B) In the case of a minority group that 

21 is American Indian or Alaska Native, the State 

22 or political subdivision shall only be required to 

23 furnish in the covered language oral instruc24 tions, assistance, or other information relating 

25 to registration and voting, including all voting 


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1 materials, if the Tribal Government of that mi2 nority group has certified that the language of 

3 the applicable American Indian or Alaska Na4 tive language is presently unwritten or the 

5 Tribal Government does not want written trans6 lations in the minority language. 

7 ‘‘(3) WRITTEN TRANSLATIONS FOR ELECTION

8 WORKERS.—Notwithstanding paragraph (2), the 

9 State or political division may be required to provide 

10 written translations of voting materials, with the 

11 consent of any applicable Indian Tribe, to election 

12 workers to ensure that the translations from English 

13 to the language of a minority group are complete, 

14 accurate, and uniform.’’. 

15 (c) EFFECTIVE DATE.—This section and the amend16 ments made by this section shall apply with respect to the 

17 regularly scheduled general election for Federal office held 

18 in November 2022 and each succeeding election for Fed19 eral office. 

20 SEC. 1905. VOTER INFORMATION RESPONSE SYSTEMS AND 

21 HOTLINE. 

22 (a) ESTABLISHMENT AND OPERATION OF SYSTEMS

23 AND SERVICES.— 

24 (1) STATE-BASED RESPONSE SYSTEMS.—The 

25 Attorney General shall coordinate the establishment 


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1 of a State-based response system for responding to 

2 questions and complaints from individuals voting or 

3 seeking to vote, or registering to vote or seeking to 

4 register to vote, in elections for Federal office. Such 

5 system shall provide— 

6 (A) State-specific, same-day, and imme7 diate assistance to such individuals, including 

8 information on how to register to vote, the loca9 tion and hours of operation of polling places, 

10 and how to obtain absentee ballots; and 

11 (B) State-specific, same-day, and imme12 diate assistance to individuals encountering 

13 problems with registering to vote or voting, in14 cluding individuals encountering intimidation or 

15 deceptive practices. 

16 (2) HOTLINE.—The Attorney General, in con17 sultation with State election officials, shall establish 

18 and operate a toll-free telephone service, using a 

19 telephone number that is accessible throughout the 

20 United States and that uses easily identifiable nu21 merals, through which individuals throughout the 

22 United States— 

23 (A) may connect directly to the State24 based response system described in paragraph 

25 (1) with respect to the State involved; 


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1 (B) may obtain information on voting in 

2 elections for Federal office, including informa3 tion on how to register to vote in such elections, 

4 the locations and hours of operation of polling 

5 places, and how to obtain absentee ballots; and 

6 (C) may report information to the Attor7 ney General on problems encountered in reg8 istering to vote or voting, including incidences 

9 of voter intimidation or suppression. 

10 (3) COLLABORATION WITH STATE AND LOCAL

11 ELECTION OFFICIALS.— 

12 (A) COLLECTION OF INFORMATION FROM

13 STATES.—The Attorney General shall coordi14 nate the collection of information on State and 

15 local election laws and policies, including infor16 mation on the statewide computerized voter reg17 istration lists maintained under title III of the 

18 Help America Vote Act of 2002, so that indi19 viduals who contact the free telephone service 

20 established under paragraph (2) on the date of 

21 an election for Federal office may receive an 

22 immediate response on that day. 

23 (B) FORWARDING QUESTIONS AND COM24 PLAINTS TO STATES.—If an individual contacts 

25 the free telephone service established under 


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1 paragraph (2) on the date of an election for 

2 Federal office with a question or complaint with 

3 respect to a particular State or jurisdiction 

4 within a State, the Attorney General shall for5 ward the question or complaint immediately to 

6 the appropriate election official of the State or 

7 jurisdiction so that the official may answer the 

8 question or remedy the complaint on that date. 

9 (4) CONSULTATION REQUIREMENTS FOR DE10 VELOPMENT OF SYSTEMS AND SERVICES.—The At11 torney General shall ensure that the State-based re12 sponse system under paragraph (1) and the free 

13 telephone service under paragraph (2) are each de14 veloped in consultation with civil rights organiza15 tions, voting rights groups, State and local election 

16 officials, voter protection groups, and other inter17 ested community organizations, especially those that 

18 have experience in the operation of similar systems 

19 and services. 

20 (b) USE OF SERVICE BY INDIVIDUALS WITH DIS21 ABILITIES AND INDIVIDUALS WITH LIMITED ENGLISH

22 LANGUAGE PROFICIENCY.—The Attorney General shall 

23 design and operate the telephone service established under 

24 this section in a manner that ensures that individuals with 

25 disabilities are fully able to use the service, and that asVerDate Sep 11 2014 00:08 Feb 08, 2022 Jkt 029200 PO 00000 Frm 00261 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RDS H1

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1 sistance is provided in any language in which the State 

2 (or any jurisdiction in the State) is required to provide 

3 election materials under section 203 of the Voting Rights 

4 Act of 1965. 

5 (c) VOTER HOTLINE TASK FORCE.— 

6 (1) APPOINTMENT BY ATTORNEY GENERAL.— 

7 The Attorney General shall appoint individuals (in 

8 such number as the Attorney General considers ap9 propriate but in no event fewer than 3) to serve on 

10 a Voter Hotline Task Force to provide ongoing anal11 ysis and assessment of the operation of the tele12 phone service established under this section, and 

13 shall give special consideration in making appoint14 ments to the Task Force to individuals who rep15 resent civil rights organizations. At least one mem16 ber of the Task Force shall be a representative of 

17 an organization promoting voting rights or civil 

18 rights which has experience in the operation of simi19 lar telephone services or in protecting the rights of 

20 individuals to vote, especially individuals who are 

21 members of racial, ethnic, or linguistic minorities or 

22 of communities who have been adversely affected by 

23 efforts to suppress voting rights. 

24 (2) ELIGIBILITY.—An individual shall be eligi25 ble to serve on the Task Force under this subsection 


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1 if the individual meets such criteria as the Attorney 

2 General may establish, except that an individual may 

3 not serve on the task force if the individual has been 

4 convicted of any criminal offense relating to voter in5 timidation or voter suppression. 

6 (3) TERM OF SERVICE.—An individual ap7 pointed to the Task Force shall serve a single term 

8 of 2 years, except that the initial terms of the mem9 bers first appointed to the Task Force shall be stag10 gered so that there are at least 3 individuals serving 

11 on the Task Force during each year. A vacancy in 

12 the membership of the Task Force shall be filled in 

13 the same manner as the original appointment. 

14 (4) NO COMPENSATION FOR SERVICE.—Mem15 bers of the Task Force shall serve without pay, but 

16 shall receive travel expenses, including per diem in 

17 lieu of subsistence, in accordance with applicable 

18 provisions under subchapter I of chapter 57 of title 

19 5, United States Code. 

20 (d) BI-ANNUAL REPORT TO CONGRESS.—Not later 

21 than March 1 of each odd-numbered year, the Attorney 

22 General shall submit a report to Congress on the operation 

23 of the telephone service established under this section dur24 ing the previous 2 years, and shall include in the report— 


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1 (1) an enumeration of the number and type of 

2 calls that were received by the service; 

3 (2) a compilation and description of the reports 

4 made to the service by individuals citing instances of 

5 voter intimidation or suppression, together with a 

6 description of any actions taken in response to such 

7 instances of voter intimidation or suppression; 

8 (3) an assessment of the effectiveness of the 

9 service in making information available to all house10 holds in the United States with telephone service; 

11 (4) any recommendations developed by the 

12 Task Force established under subsection (c) with re13 spect to how voting systems may be maintained or 

14 upgraded to better accommodate voters and better 

15 ensure the integrity of elections, including but not 

16 limited to identifying how to eliminate coordinated 

17 voter suppression efforts and how to establish effec18 tive mechanisms for distributing updates on changes 

19 to voting requirements; and 

20 (5) any recommendations on best practices for 

21 the State-based response systems established under 

22 subsection (a)(1). 

23 (e) AUTHORIZATION OF APPROPRIATIONS.— 

24 (1) AUTHORIZATION.—There are authorized to 

25 be appropriated to the Attorney General for fiscal 


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1 year 2021 and each succeeding fiscal year such sums 

2 as may be necessary to carry out this section. 

3 (2) SET-ASIDE FOR OUTREACH.—Of the 

4 amounts appropriated to carry out this section for a 

5 fiscal year pursuant to the authorization under para6 graph (1), not less than 15 percent shall be used for 

7 outreach activities to make the public aware of the 

8 availability of the telephone service established under 

9 this section, with an emphasis on outreach to indi10 viduals with disabilities and individuals with limited 

11 proficiency in the English language. 

12 SEC. 1906. ENSURING EQUITABLE AND EFFICIENT OPER13 ATION OF POLLING PLACES. 

14 (a) IN GENERAL.—Subtitle A of title III of the Help 

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

16 amended by section 1031(a), section 1101(a), section 

17 1611(a), section 1621(a), section 1622(a), and section 

18 1623(a), is amended— 

19 (1) by redesignating sections 310 and 311 as 

20 sections 311 and 312; and 

21 (2) by inserting after section 309 the following 

22 new section: 


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1 ‘‘SEC. 310. ENSURING EQUITABLE AND EFFICIENT OPER2 ATION OF POLLING PLACES. 

3 ‘‘(a) PREVENTING UNREASONABLE WAITING TIMES

4 FOR VOTERS.— 

5 ‘‘(1) IN GENERAL.—Each State shall provide a 

6 sufficient number of voting systems, poll workers, 

7 and other election resources (including physical re8 sources) at a polling place used in any election for 

9 Federal office, including a polling place at which in10 dividuals may cast ballots prior to the date of the 

11 election, to ensure— 

12 ‘‘(A) a fair and equitable waiting time for 

13 all voters in the State; and 

14 ‘‘(B) that no individual will be required to 

15 wait longer than 30 minutes to cast a ballot at 

16 the polling place. 

17 ‘‘(2) CRITERIA.—In determining the number of 

18 voting systems, poll workers, and other election re19 sources provided at a polling place for purposes of 

20 paragraph (1), the State shall take into account the 

21 following factors: 

22 ‘‘(A) The voting age population. 

23 ‘‘(B) Voter turnout in past elections. 

24 ‘‘(C) The number of voters registered. 

25 ‘‘(D) The number of voters who have reg26 istered since the most recent Federal election. 


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1 ‘‘(E) Census data for the population served 

2 by the polling place, such as the proportion of 

3 the voting-age population who are under 25 

4 years of age or who are naturalized citizens. 

5 ‘‘(F) The needs and numbers of voters 

6 with disabilities and voters with limited English 

7 proficiency. 

8 ‘‘(G) The type of voting systems used. 

9 ‘‘(H) The length and complexity of initia10 tives, referenda, and other questions on the bal11 lot. 

12 ‘‘(I) Such other factors, including relevant 

13 demographic factors relating to the population 

14 served by the polling place, as the State con15 siders appropriate. 

16 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

17 this subsection may be construed to authorize a 

18 State to meet the requirements of this subsection by 

19 closing any polling place, prohibiting an individual 

20 from entering a line at a polling place, or refusing 

21 to permit an individual who has arrived at a polling 

22 place prior to closing time from voting at the polling 

23 place. 

24 ‘‘(4) GUIDELINES.—Not later than 180 days 

25 after the date of the enactment of this section, the 


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1 Commission shall establish and publish guidelines to 

2 assist States in meeting the requirements of this 

3 subsection. 

4 ‘‘(5) EFFECTIVE DATE.—This subsection shall 

5 take effect upon the expiration of the 180-day period 

6 which begins on the date of the enactment of this 

7 subsection, without regard to whether or not the 

8 Commission has established and published guidelines 

9 under paragraph (4). 

10 ‘‘(b) LIMITING VARIATIONS ON NUMBER OF HOURS

11 OF OPERATION OF POLLING PLACES WITHIN A STATE.— 

12 ‘‘(1) LIMITATION.— 

13 ‘‘(A) IN GENERAL.—Except as provided in 

14 subparagraph (B) and paragraph (2), each 

15 State shall establish hours of operation for all 

16 polling places in the State on the date of any 

17 election for Federal office held in the State 

18 such that the polling place with the greatest 

19 number of hours of operation on such date is 

20 not in operation for more than 2 hours longer 

21 than the polling place with the fewest number 

22 of hours of operation on such date. 

23 ‘‘(B) PERMITTING VARIANCE ON BASIS OF

24 POPULATION.—Subparagraph (A) does not 

25 apply to the extent that the State establishes 


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1 variations in the hours of operation of polling 

2 places on the basis of the overall population or 

3 the voting age population (as the State may se4 lect) of the unit of local government in which 

5 such polling places are located. 

6 ‘‘(2) EXCEPTIONS FOR POLLING PLACES WITH

7 HOURS ESTABLISHED BY UNITS OF LOCAL GOVERN8 MENT.—Paragraph (1) does not apply in the case of 

9 a polling place— 

10 ‘‘(A) whose hours of operation are estab11 lished, in accordance with State law, by the unit 

12 of local government in which the polling place 

13 is located; or 

14 ‘‘(B) which is required pursuant to an 

15 order by a court to extend its hours of oper16 ation beyond the hours otherwise established. 

17 ‘‘(c) MINIMUM HOURS OF OPERATION OUTSIDE OF

18 TYPICAL WORKING HOURS.—Each State shall establish 

19 hours of operation for all polling places in the State on 

20 the date of any election for Federal office held in the State 

21 such that no polling place is open for less than a total 

22 of 4 hours outside of the hours between 9:00 a.m. and 

23 5:00 p.m. in time zone in which the polling place is lo24 cated.’’. 


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1 (b) STUDY OF METHODS TO ENFORCE FAIR AND

2 EQUITABLE WAITING TIMES.— 

3 (1) STUDY.—The Election Assistance Commis4 sion and the Comptroller General of the United 

5 States shall conduct a joint study of the effective6 ness of various methods of enforcing the require7 ments of section 310(a) of the Help America Vote 

8 Act of 2002, as added by subsection (a), including 

9 methods of best allocating resources to jurisdictions 

10 which have had the most difficulty in providing a 

11 fair and equitable waiting time at polling places to 

12 all voters, and to communities of color in particular. 

13 (2) REPORT.—Not later than 18 months after 

14 the date of the enactment of this Act, the Election 

15 Assistance Commission and the Comptroller General 

16 of the United States shall publish and submit to 

17 Congress a report on the study conducted under 

18 paragraph (1). 

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

20 of such Act, as amended by section 1031(c), section 

21 1101(c), section 1611(c), section 1621(b), section 

22 1622(c), and section 1623(a), is amended— 

23 (1) by redesignating the items relating to sec24 tions 310 and 311 as relating to sections 311 and 

25 312; and 


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1 (2) by inserting after the item relating to sec2 tion 309 the following new item: 

‘‘Sec. 310. Ensuring equitable and efficient operation of polling places.’’. 

3 SEC. 1907. REQUIRING STATES TO PROVIDE SECURED 

4 DROP BOXES FOR VOTED ABSENTEE BAL5 LOTS IN ELECTIONS FOR FEDERAL OFFICE. 

6 (a) REQUIREMENT.—Subtitle A of title III of the 

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

8 as amended by section 1031(a), section 1101(a), section 

9 1611(a), section 1621(a), section 1622(a), section 

10 1623(a), and section 1906(a), is amended— 

11 (1) by redesignating sections 311 and 312 as 

12 sections 312 and 313; and 

13 (2) by inserting after section 310 the following 

14 new section: 

15 ‘‘SEC. 311. USE OF SECURED DROP BOXES FOR VOTED AB16 SENTEE BALLOTS. 

17 ‘‘(a) REQUIRING USE OF DROP BOXES.—In each 

18 county in the State, each State shall provide in-person, 

19 secured, and clearly labeled drop boxes at which individ20 uals may, at any time during the period described in sub21 section (b), drop off voted absentee ballots in an election 

22 for Federal office. 

23 ‘‘(b) MINIMUM PERIOD FOR AVAILABILITY OF DROP

24 BOXES.—The period described in this subsection is, with 

25 respect to an election, the period which begins 45 days 


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1 before the date of the election and which ends at the time 

2 the polls close for the election in the county involved. 

3 ‘‘(c) ACCESSIBILITY.— 

4 ‘‘(1) IN GENERAL.—Each State shall ensure 

5 that the drop boxes provided under this section are 

6 accessible for use— 

7 ‘‘(A) by individuals with disabilities, as de8 termined in consultation with the protection 

9 and advocacy systems (as defined in section 102 

10 of the Developmental Disabilities Assistance 

11 and Bill of Rights Act of 2000 (42 U.S.C. 

12 15002)) of the State; 

13 ‘‘(B) by individuals with limited proficiency 

14 in the English language; and 

15 ‘‘(C) by homeless individuals (as defined in 

16 section 103 of the McKinney–Vento Homeless 

17 Assistance Act of 1987 (42 U.S.C. 11302)) of 

18 the State. 

19 ‘‘(2) DETERMINATION OF ACCESSIBILITY FOR

20 INDIVIDUALS WITH DISABILITIES.—For purposes of 

21 this subsection, drop boxes shall be considered to be 

22 accessible for use by individuals with disabilities if 

23 the drop boxes meet such criteria as the Attorney 

24 General may establish for such purposes. 


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1 ‘‘(3) RULE OF CONSTRUCTION.—If a State pro2 vides a drop box under this section on the grounds 

3 of or inside a building or facility which serves as a 

4 polling place for an election during the period de5 scribed in subsection (b), nothing in this subsection 

6 may be construed to waive any requirements regard7 ing the accessibility of such polling place for the use 

8 of individuals with disabilities or individuals with 

9 limited proficiency in the English language. 

10 ‘‘(d) NUMBER OF DROP BOXES.— 

11 ‘‘(1) FORMULA FOR DETERMINATION OF NUM12 BER.—The number of drop boxes provided under 

13 this section in a county with respect to an election 

14 shall be determined as follows: 

15 ‘‘(A) In the case of a county in which the 

16 number of individuals who are residents of the 

17 county and who are registered to vote in the 

18 election is equal to or greater than 20,000, the 

19 number of drop boxes shall be a number equal 

20 to or greater than the number of such individ21 uals divided by 20,000 (rounded to the nearest 

22 whole number). 

23 ‘‘(B) In the case of any other county, the 

24 number of drop boxes shall be equal to or 

25 greater than one. 


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1 ‘‘(C) The State shall ensure that the num2 ber of drop boxes provided is sufficient to pro3 vide a reasonable opportunity for voters to sub4 mit their voted ballots in a timely manner. 

5 ‘‘(2) TIMING.—For purposes of this subsection, 

6 the number of individuals who reside in a county 

7 and who are registered to vote in the election shall 

8 be determined as of the 90th day before the date of 

9 the election. 

10 ‘‘(e) LOCATION OF DROP BOXES.—The State shall 

11 determine the location of drop boxes provided under this 

12 section in a county on the basis of criteria which ensure 

13 that the drop boxes are— 

14 ‘‘(1) available to all voters on a non-discrimina15 tory basis; 

16 ‘‘(2) accessible to voters with disabilities (in ac17 cordance with subsection (c)); 

18 ‘‘(3) accessible by public transportation to the 

19 greatest extent possible; 

20 ‘‘(4) available during all hours of the day; 

21 ‘‘(5) sufficiently available in all communities in 

22 the county, including rural communities and on 

23 Tribal lands within the county (subject to subsection 

24 (f)); and 


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1 ‘‘(6) geographically distributed to provide a rea2 sonable opportunity for voters to submit their voted 

3 ballot in a timely manner. 

4 ‘‘(f) RULES FOR DROP BOXES ON TRIBAL LANDS.— 

5 In making a determination of the number and location of 

6 drop boxes provided under this section on Tribal lands in 

7 a county, the appropriate State and local election officials 

8 shall— 

9 ‘‘(1) consult with Tribal leaders prior to making 

10 the determination; and 

11 ‘‘(2) take into account criteria such as the 

12 availability of direct-to-door residential mail delivery, 

13 the distance and time necessary to travel to the drop 

14 box locations (including in inclement weather), 

15 modes of transportation available, conditions of 

16 roads, and the availability (if any) of public trans17 portation. 

18 ‘‘(g) TIMING OF SCANNING AND PROCESSING OF

19 BALLOTS.—For purposes of section 306(e) (relating to 

20 the timing of the processing and scanning of ballots for 

21 tabulation), a vote cast using a drop box provided under 

22 this section shall be treated in the same manner as any 

23 other vote cast during early voting. 

24 ‘‘(h) POSTING OF INFORMATION.—On or adjacent to 

25 each drop box provided under this section, the State shall 


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1 post information on the requirements that voted absentee 

2 ballots must meet in order to be counted and tabulated 

3 in the election. 

4 ‘‘(i) REMOTE SURVEILLANCE PERMITTED.—The 

5 State may provide for the security of drop boxes through 

6 remote or electronic surveillance. 

7 ‘‘(j) EFFECTIVE DATE.—This section shall apply 

8 with respect to the regularly scheduled general election for 

9 Federal office held in November 2022 and each succeeding 

10 election for Federal office.’’. 

11 (b) CLERICAL AMENDMENT.—The table of contents 

12 of such Act, as amended by section 1031(c), section 

13 1101(c), section 1611(c), section 1621(b), section 

14 1622(c), section 1623(a), and section 1906(c), is amend15 ed— 

16 (1) by redesignating the items relating to sec17 tions 311 and 312 as relating to sections 312 and 

18 313; and 

19 (2) by inserting after the item relating to sec20 tion 310 the following new item: 

‘‘Sec. 311. Use of secured drop boxes for voted absentee ballots.’’. 

21 SEC. 1908. PROHIBITING STATES FROM RESTRICTING 

22 CURBSIDE VOTING. 

23 (a) REQUIREMENT.—Subtitle A of title III of the 

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

25 as amended by section 1031(a), section 1101(a), section 


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1 1611(a), section 1621(a), section 1622(a), section 

2 1623(a), section 1906(a), and section 1907(a), is amend3 ed— 

4 (1) by redesignating sections 312 and 313 as 

5 sections 313 and 314; and 

6 (2) by inserting after section 311 the following 

7 new section: 

8 ‘‘SEC. 312. PROHIBITING STATES FROM RESTRICTING 

9 CURBSIDE VOTING. 

10 ‘‘(a) PROHIBITION.—A State may not— 

11 ‘‘(1) prohibit any jurisdiction administering an 

12 election for Federal office in the State from utilizing 

13 curbside voting as a method by which individuals 

14 may cast ballots in the election; or 

15 ‘‘(2) impose any restrictions which would ex16 clude any individual who is eligible to vote in such 

17 an election in a jurisdiction which utilizes curbside 

18 voting from casting a ballot in the election by the 

19 method of curbside voting. 

20 ‘‘(b) EFFECTIVE DATE.—This section shall apply 

21 with respect to the regularly scheduled general election for 

22 Federal office held in November 2022 and each succeeding 

23 election for Federal office.’’. 

24 (b) CLERICAL AMENDMENT.—The table of contents 

25 of such Act, as amended by section 1031(c), section 


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1 1101(c), section 1611(c), section 1621(b), section 

2 1622(c), section 1623(a), section 1906(c), and section 

3 1907(b), is amended— 

4 (1) by redesignating the items relating to sec5 tions 312 and 313 as relating to sections 313 and 

6 314; and 

7 (2) by inserting after the item relating to sec8 tion 311 the following new item: 

‘‘Sec. 312. Prohibiting States from restricting curbside voting.’’. 

9 SEC. 1909. ELECTION DAY AS LEGAL PUBLIC HOLIDAY. 

10 (a) IN GENERAL.—Section 6103(a) of title 5, United 

11 States Code, is amended by inserting after the item relat12 ing to Columbus Day the following: 

13 ‘‘Election Day, the Tuesday next after the first 

14 Monday in November of every even-numbered year.’’. 

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

16 subsection (a) shall apply with respect to the regularly 

17 scheduled general elections for Federal office held in No18 vember 2022 or any succeeding year. 

19 SEC. 1910. GAO STUDY ON VOTER TURNOUT RATES. 

20 The Comptroller General of the United States shall 

21 conduct a study on voter turnout rates delineated by age 

22 in States and localities that permit voters to participate 

23 in elections before reaching the age of 18, with a focus 

24 on localities that permit voting upon reaching the age of 

25 16. 


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1 SEC. 1910A. STUDY ON RANKED-CHOICE VOTING. 

2 (a) STUDY.—The Comptroller General shall conduct 

3 a study on the implementation and impact of ranked4 choice voting in States and localities with a focus on how 

5 to best implement a model for Federal elections nation6 wide. The study shall include the impact on voter turnout, 

7 negative campaigning, and who decides to run for office. 

8 (b) REPORT.—Not later than 1 year after the date 

9 of enactment of this section, the Comptroller General shall 

10 transmit to Congress a report on the study conducted 

11 under subsection (a), including any recommendations on 

12 how to best implement a ranked-choice voting for Federal 

13 elections nationwide. 

14 PART 2—DISASTER AND EMERGENCY 

15 CONTINGENCY PLANS 

16 SEC. 1911. REQUIREMENTS FOR FEDERAL ELECTION CON17 TINGENCY PLANS IN RESPONSE TO NATURAL 

18 DISASTERS AND EMERGENCIES. 

19 (a) IN GENERAL.— 

20 (1) ESTABLISHMENT.—Not later than 90 days 

21 after the date of the enactment of this Act, each 

22 State and each jurisdiction in a State which is re23 sponsible for administering elections for Federal of24 fice shall establish and make publicly available a 

25 contingency plan to enable individuals to vote in 

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1 gency, public health emergency, or national emer2 gency which has been declared for reasons includ3 ing— 

4 (A) a natural disaster; or 

5 (B) an infectious disease. 

6 (2) UPDATING.—Each State and jurisdiction 

7 shall update the contingency plan established under 

8 this subsection not less frequently than every 5 

9 years. 

10 (b) REQUIREMENTS RELATING TO SAFETY.—The 

11 contingency plan established under subsection (a) shall in12 clude initiatives to provide equipment and resources need13 ed to protect the health and safety of poll workers and 

14 voters when voting in person. 

15 (c) REQUIREMENTS RELATING TO RECRUITMENT OF

16 POLL WORKERS.—The contingency plan established 

17 under subsection (a) shall include initiatives by the chief 

18 State election official and local election officials to recruit 

19 poll workers from resilient or unaffected populations, 

20 which may include— 

21 (1) employees of other State and local govern22 ment offices; and 

23 (2) in the case in which an infectious disease 

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1 dividuals, students of secondary schools and institu2 tions of higher education in the State. 

3 (d) ENFORCEMENT.— 

4 (1) ATTORNEY GENERAL.—The Attorney Gen5 eral may bring a civil action against any State or ju6 risdiction in an appropriate United States District 

7 Court for such declaratory and injunctive relief (in8 cluding a temporary restraining order, a permanent 

9 or temporary injunction, or other order) as may be 

10 necessary to carry out the requirements of this sec11 tion. 

12 (2) PRIVATE RIGHT OF ACTION.— 

13 (A) IN GENERAL.—In the case of a viola14 tion of this section, any person who is aggrieved 

15 by such violation may provide written notice of 

16 the violation to the chief election official of the 

17 State involved. 

18 (B) RELIEF.—If the violation is not cor19 rected within 20 days after receipt of a notice 

20 under subparagraph (A), or within 5 days after 

21 receipt of the notice if the violation occurred 

22 within 120 days before the date of an election 

23 for Federal office, the aggrieved person may, in 

24 a civil action, obtain declaratory or injunctive 

25 relief with respect to the violation. 


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1 (C) SPECIAL RULE.—If the violation oc2 curred within 5 days before the date of an elec3 tion for Federal office, the aggrieved person 

4 need not provide notice to the chief election of5 ficial of the State involved under subparagraph 

6 (A) before bringing a civil action under sub7 paragraph (B). 

8 (e) DEFINITIONS.— 

9 (1) ELECTION FOR FEDERAL OFFICE.—For 

10 purposes of this section, the term ‘‘election for Fed11 eral office’’ means a general, special, primary, or 

12 runoff election for the office of President or Vice 

13 President, or of Senator or Representative in, or 

14 Delegate or Resident Commissioner to, the Con15 gress. 

16 (2) STATE.—For purposes of this section, the 

17 term ‘‘State’’ includes the District of Columbia, the 

18 Commonwealth of Puerto Rico, Guam, American 

19 Samoa, the United States Virgin Islands, and the 

20 Commonwealth of the Northern Mariana Islands. 

21 (f) EFFECTIVE DATE.—This section shall apply with 

22 respect to the regularly scheduled general election for Fed23 eral office held in November 2022 and each succeeding 

24 election for Federal office. 


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1 PART 3—IMPROVEMENTS IN OPERATION OF 

2 ELECTION ASSISTANCE COMMISSION 

3 SEC. 1921. REAUTHORIZATION OF ELECTION ASSISTANCE 

4 COMMISSION. 

5 Section 210 of the Help America Vote Act of 2002 

6 (52 U.S.C. 20930) is amended— 

7 (1) by striking ‘‘for each of the fiscal years 

8 2003 through 2005’’ and inserting ‘‘for fiscal year 

9 2021 and each succeeding fiscal year’’; and 

10 (2) by striking ‘‘(but not to exceed $10,000,000 

11 for each such year)’’. 

12 SEC. 1922. REQUIRING STATES TO PARTICIPATE IN POST13 GENERAL ELECTION SURVEYS. 

14 (a) REQUIREMENT.—Title III of the Help America 

15 Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended 

16 by section 1903(a), is further amended by inserting after 

17 section 303A the following new section: 

18 ‘‘SEC. 303B. REQUIRING PARTICIPATION IN POST-GENERAL 

19 ELECTION SURVEYS. 

20 ‘‘(a) REQUIREMENT.—Each State shall furnish to the 

21 Commission such information as the Commission may re22 quest for purposes of conducting any post-election survey 

23 of the States with respect to the administration of a regu24 larly scheduled general election for Federal office. 

25 ‘‘(b) EFFECTIVE DATE.—This section shall apply 

26 with respect to the regularly scheduled general election for 


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1 Federal office held in November 2022 and any succeeding 

2 election.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 of such Act, as amended by section 1903(c), is further 

5 amended by inserting after the item relating to section 

6 303A the following new item: 

‘‘Sec. 303B. Requiring participation in post-general election surveys.’’. 

7 SEC. 1923. REPORTS BY NATIONAL INSTITUTE OF STAND8 ARDS AND TECHNOLOGY ON USE OF FUNDS 

9 TRANSFERRED FROM ELECTION ASSISTANCE 

10 COMMISSION. 

11 (a) REQUIRING REPORTS ON USE FUNDS AS CONDI12 TION OF RECEIPT.—Section 231 of the Help America 

13 Vote Act of 2002 (52 U.S.C. 20971) is amended by adding 

14 at the end the following new subsection: 

15 ‘‘(e) REPORT ON USE OF FUNDS TRANSFERRED

16 FROM COMMISSION.—To the extent that funds are trans17 ferred from the Commission to the Director of the Na18 tional Institute of Standards and Technology for purposes 

19 of carrying out this section during any fiscal year, the Di20 rector may not use such funds unless the Director certifies 

21 at the time of transfer that the Director will submit a re22 port to the Commission not later than 90 days after the 

23 end of the fiscal year detailing how the Director used such 

24 funds during the year.’’. 


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

2 subsection (a) shall apply with respect to fiscal year 2022 

3 and each succeeding fiscal year. 

4 SEC. 1924. RECOMMENDATIONS TO IMPROVE OPERATIONS 

5 OF ELECTION ASSISTANCE COMMISSION. 

6 (a) ASSESSMENT OF INFORMATION TECHNOLOGY

7 AND CYBERSECURITY.—Not later than December 31, 

8 2021, the Election Assistance Commission shall carry out 

9 an assessment of the security and effectiveness of the 

10 Commission’s information technology systems, including 

11 the cybersecurity of such systems. 

12 (b) IMPROVEMENTS TO ADMINISTRATIVE COMPLAINT

13 PROCEDURES.— 

14 (1) REVIEW OF PROCEDURES.—The Election 

15 Assistance Commission shall carry out a review of 

16 the effectiveness and efficiency of the State-based 

17 administrative complaint procedures established and 

18 maintained under section 402 of the Help America 

19 Vote Act of 2002 (52 U.S.C. 21112) for the inves20 tigation and resolution of allegations of violations of 

21 title III of such Act. 

22 (2) RECOMMENDATIONS TO STREAMLINE PRO23 CEDURES.—Not later than December 31, 2021, the 

24 Commission shall submit to Congress a report on 

25 the review carried out under paragraph (1), and 


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1 shall include in the report such recommendations as 

2 the Commission considers appropriate to streamline 

3 and improve the procedures which are the subject of 

4 the review. 

5 SEC. 1925. REPEAL OF EXEMPTION OF ELECTION ASSIST6 ANCE COMMISSION FROM CERTAIN GOVERN7 MENT CONTRACTING REQUIREMENTS. 

8 (a) IN GENERAL.—Section 205 of the Help America 

9 Vote Act of 2002 (52 U.S.C. 20925) is amended by strik10 ing subsection (e). 

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

12 subsection (a) shall apply with respect to contracts entered 

13 into by the Election Assistance Commission on or after 

14 the date of the enactment of this Act. 

15 PART 4—MISCELLANEOUS PROVISIONS 

16 SEC. 1931. APPLICATION OF FEDERAL ELECTION ADMINIS17 TRATION LAWS TO TERRITORIES OF THE 

18 UNITED STATES. 

19 (a) NATIONAL VOTER REGISTRATION ACT OF

20 1993.—Section 3(4) of the National Voter Registration 

21 Act of 1993 (52 U.S.C. 20502(4)) is amended by striking 

22 ‘‘States and the District of Columbia’’ and inserting 

23 ‘‘States, the District of Columbia, the Commonwealth of 

24 Puerto Rico, Guam, American Samoa, the United States 


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1 Virgin Islands, and the Commonwealth of the Northern 

2 Mariana Islands’’. 

3 (b) HELP AMERICA VOTE ACT OF 2002.— 

4 (1) COVERAGE OF COMMONWEALTH OF THE

5 NORTHERN MARIANA ISLANDS.—Section 901 of the 

6 Help America Vote Act of 2002 (52 U.S.C. 21141) 

7 is amended by striking ‘‘and the United States Vir8 gin Islands’’ and inserting ‘‘the United States Virgin 

9 Islands, and the Commonwealth of the Northern 

10 Mariana Islands’’. 

11 (2) CONFORMING AMENDMENTS TO HELP

12 AMERICA VOTE ACT OF 2002.—Such Act is further 

13 amended as follows: 

14 (A) The second sentence of section 

15 213(a)(2) (52 U.S.C. 20943(a)(2)) is amended 

16 by striking ‘‘and American Samoa’’ and insert17 ing ‘‘American Samoa, and the Commonwealth 

18 of the Northern Mariana Islands’’. 

19 (B) Section 252(c)(2) (52 U.S.C. 

20 21002(c)(2)) is amended by striking ‘‘or the 

21 United States Virgin Islands’’ and inserting 

22 ‘‘the United States Virgin Islands, or the Com23 monwealth of the Northern Mariana Islands’’. 

24 (3) CONFORMING AMENDMENT RELATING TO

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1 TION WITH LOCAL ELECTION OFFICIALS.—Section 

2 90102(c) of title 36, United States Code, is amend3 ed by striking ‘‘and the United States Virgin Is4 lands’’ and inserting ‘‘the United States Virgin Is5 lands, and the Commonwealth of the Northern Mar6 iana Islands’’. 

7 SEC. 1932. DEFINITION OF ELECTION FOR FEDERAL OF8 FICE. 

9 (a) DEFINITION.—Title IX of the Help America Vote 

10 Act of 2002 (52 U.S.C. 21141 et seq.) is amended by add11 ing at the end the following new section: 

12 ‘‘SEC. 907. ELECTION FOR FEDERAL OFFICE DEFINED. 

13 ‘‘For purposes of titles I through III, the term ‘elec14 tion for Federal office’ means a general, special, primary, 

15 or runoff election for the office of President or Vice Presi16 dent, or of Senator or Representative in, or Delegate or 

17 Resident Commissioner to, the Congress.’’. 

18 (b) CLERICAL AMENDMENT.—The table of contents 

19 of such Act is amended by adding at the end of the items 

20 relating to title IX the following new item: 

‘‘Sec. 907. Election for Federal office defined.’’. 


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1 SEC. 1933. AUTHORIZING PAYMENTS TO VOTING ACCESSI2 BILITY PROTECTION AND ADVOCACY SYS3 TEMS SERVING THE AMERICAN INDIAN CON4 SORTIUM. 

5 (a) RECIPIENTS DEFINED.—Section 291 of the Help 

6 America Vote Act of 2002 (52 U.S.C. 21061) is amend7 ed— 

8 (1) by redesignating subsection (c) as sub9 section (d); and 

10 (2) by inserting after subsection (b) the fol11 lowing new subsection: 

12 ‘‘(c) AMERICAN INDIAN CONSORTIUM ELIGIBILITY.— 

13 A system serving the American Indian Consortium for 

14 which funds have been reserved under section 

15 509(c)(1)(B) of the Rehabilitation Act of 1973 (29 U.S.C. 

16 794e(c)(1)(B)) shall be eligible for payments under sub17 section (a) in the same manner as a protection and advo18 cacy system of a State.’’. 

19 (b) GRANT MINIMUMS FOR AMERICAN INDIAN CON20 SORTIUM.—Section 291(b) of such Act (52 U.S.C. 

21 21061(b)) is amended— 

22 (1) by inserting ‘‘(c)(1)(B),’’ after ‘‘as set forth 

23 in subsections’’; and 

24 (2) by striking ‘‘subsections (c)(3)(B) and 

25 (c)(4)(B) of that section shall be not less than 

26 $70,000 and $35,000, respectively’’ and inserting 


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1 ‘‘subsection (c)(3)(B) shall not be less than $70,000, 

2 and the amount of the grants to systems referred to 

3 in subsections (c)(1)(B) and (c)(4)(B) shall not be 

4 less than $35,000’’. 

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

6 this section shall take effect at the start of the first fiscal 

7 year following the date of enactment of this Act. 

8 SEC. 1934. APPLICATION OF FEDERAL VOTER PROTECTION 

9 LAWS TO TERRITORIES OF THE UNITED 

10 STATES. 

11 (a) INTIMIDATION OF VOTERS.—Section 594 of title 

12 18, United States Code, is amended by striking ‘‘Delegate 

13 from the District of Columbia, or Resident Commis14 sioner,’’ and inserting ‘‘or Delegate or Resident Commis15 sioner to the Congress’’. 

16 (b) INTERFERENCE BY GOVERNMENT EMPLOY17 EES.—Section 595 of title 18, United States Code, is 

18 amended by striking ‘‘Delegate from the District of Co19 lumbia, or Resident Commissioner,’’ and inserting ‘‘or 

20 Delegate or Resident Commissioner to the Congress’’. 

21 (c) VOTING BY NONCITIZENS.—Section 611(a) of 

22 title 18, United States Code, is amended by striking ‘‘Del23 egate from the District of Columbia, or Resident Commis24 sioner,’’ and inserting ‘‘or Delegate or Resident Commis25 sioner to the Congress’’. 


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1 SEC. 1935. PLACEMENT OF STATUES OF CITIZENS OF TER2 RITORIES OF THE UNITED STATES IN STAT3 UARY HALL. 

4 (a) IN GENERAL.—Section 1814 of the Revised Stat5 utes of the United States (2 U.S.C. 2131) is amended by 

6 adding at the end the following new sentence: ‘‘For pur7 poses of this section, the term ‘State’ includes American 

8 Samoa, Guam, the Commonwealth of the Northern Mar9 iana Islands, the Commonwealth of Puerto Rico, and the 

10 United States Virgin Islands, and the term ‘citizen’ in11 cludes a national of the United States, as defined in sec12 tion 101(a)(22) of the Immigration and Nationality Act 

13 (8 U.S.C. 1101(a)(22)).’’. 

14 (b) CONFORMING AMENDMENT RELATING TO PRO15 CEDURES FOR REPLACEMENT OF STATUES.—Section 311 

16 of the Legislative Branch Appropriations Act, 2001 (2 

17 U.S.C. 2132) is amended by adding at the end the fol18 lowing new subsection: 

19 ‘‘(f) For purposes of this section, the term ‘State’ in20 cludes American Samoa, Guam, the Commonwealth of the 

21 Northern Mariana Islands, the Commonwealth of Puerto 

22 Rico, and the United States Virgin Islands.’’. 

23 SEC. 1936. NO EFFECT ON OTHER LAWS. 

24 (a) IN GENERAL.—Except as specifically provided, 

25 nothing in this title may be construed to authorize or re26 quire conduct prohibited under any of the following laws, 


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1 or to supersede, restrict, or limit the application of such 

2 laws: 

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

4 10301 et seq.). 

5 (2) The Voting Accessibility for the Elderly and 

6 Handicapped Act (52 U.S.C. 20101 et seq.). 

7 (3) The Uniformed and Overseas Citizens Ab8 sentee Voting Act (52 U.S.C. 20301 et seq.). 

9 (4) The National Voter Registration Act of 

10 1993 (52 U.S.C. 20501 et seq.). 

11 (5) The Americans with Disabilities Act of 

12 1990 (42 U.S.C. 12101 et seq.). 

13 (6) The Rehabilitation Act of 1973 (29 U.S.C. 

14 701 et seq.). 

15 (b) NO EFFECT ON PRECLEARANCE OR OTHER RE16 QUIREMENTS UNDER VOTING RIGHTS ACT.—The ap17 proval by any person of a payment or grant application 

18 under this title, or any other action taken by any person 

19 under this title, shall not be considered to have any effect 

20 on requirements for preclearance under section 5 of the 

21 Voting Rights Act of 1965 (52 U.S.C. 10304) or any other 

22 requirements of such Act. 

23 (c) NO EFFECT ON AUTHORITY OF STATES TO PRO24 VIDE GREATER OPPORTUNITIES FOR VOTING.—Nothing 

25 in this title or the amendments made by this title may 


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1 be construed to prohibit any State from enacting any law 

2 which provides greater opportunities for individuals to reg3 ister to vote and to vote in elections for Federal office than 

4 are provided by this title and the amendments made by 

5 this title. 

6 SEC. 1937. CLARIFICATION OF EXEMPTION FOR STATES 

7 WITHOUT VOTER REGISTRATION. 

8 To the extent that any provision of this title or any 

9 amendment made by this title imposes a requirement on 

10 a State relating to registering individuals to vote in elec11 tions for Federal office, such provision shall not apply in 

12 the case of any State in which, under law that is in effect 

13 continuously on and after the date of the enactment of 

14 this Act, there is no voter registration requirement for any 

15 voter in the State with respect to an election for Federal 

16 office. 

17 PART 5—VOTER NOTICE 

18 SEC. 1941. SHORT TITLE. 

19 This part may be cited as the ‘‘Voter Notification of 

20 Timely Information about Changes in Elections Act’’ or 

21 the ‘‘Voter Notice Act’’. 


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1 SEC. 1942. PUBLIC EDUCATION CAMPAIGNS IN EVENT OF 

2 CHANGES IN ELECTIONS IN RESPONSE TO 

3 EMERGENCIES. 

4 (a) REQUIREMENT FOR ELECTION OFFICIALS TO

5 CONDUCT CAMPAIGNS.—Section 302 of the Help America 

6 Vote Act of 2002 (52 U.S.C. 21082), as amended by sec7 tion 1601(a) and section 1901(a), is amended— 

8 (1) by redesignating subsection (g) as sub9 section (h); and 

10 (2) by inserting after subsection (f) the fol11 lowing new subsection: 

12 ‘‘(g) PUBLIC EDUCATION CAMPAIGNS IN EVENT OF

13 CHANGES IN ELECTIONS IN RESPONSE TO EMER14 GENCIES.— 

15 ‘‘(1) REQUIREMENT.—If the administration of 

16 an election for Federal office, including the methods 

17 of voting or registering to vote in the election, is 

18 changed in response to an emergency affecting pub19 lic health and safety, the appropriate State or local 

20 election official shall conduct a public education 

21 campaign through at least one direct mailing to each 

22 individual who is registered to vote in the election, 

23 and through additional direct mailings, newspaper 

24 advertisements, broadcasting (including through tel25 evision, radio, satellite, and the Internet), and social 


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1 media, to notify individuals who are eligible to vote 

2 or to register to vote in the election of the changes. 

3 ‘‘(2) FREQUENCY AND METHODS OF PROVIDING

4 INFORMATION.—The election official shall carry out 

5 the public education campaign under this subsection 

6 at such frequency, and using such methods, as will 

7 have the greatest likelihood of providing timely 

8 knowledge of the change in the administration of the 

9 election to those individuals who will be most ad10 versely affected by the change. 

11 ‘‘(3) LANGUAGE ACCESSIBILITY.—In the case 

12 of a State or political subdivision that is a covered 

13 State or political subdivision under section 203 of 

14 the Voting Rights Act of 1965 (52 U.S.C. 10503), 

15 the appropriate election official shall ensure that the 

16 information disseminated under a public education 

17 campaign conducted under this subsection is pro18 vided in the language of the applicable minority 

19 group as well as in the English language, as re20 quired by section 203 of such Act. 

21 ‘‘(4) EFFECTIVE DATE.—This subsection shall 

22 apply with respect to the regularly scheduled general 

23 election for Federal office held in November 2020 

24 and each succeeding election for Federal office.’’. 


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1 (b) CONFORMING AMENDMENT RELATING TO EF2 FECTIVE DATE.—Section 302(h) of such Act (52 U.S.C. 

3 21082(h)), as redesignated by subsection (a) and as 

4 amended by section 1601(b) and section 1901(b), is 

5 amended by striking ‘‘and (f)(4)’’ and inserting ‘‘(f)(4), 

6 and (g)(4)’’. 

7 SEC. 1943. REQUIREMENTS FOR WEBSITES OF ELECTION 

8 OFFICIALS. 

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

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

11 as amended by section 1031(a), section 1101(a), section 

12 1611(a), section 1621(a), section 1622(a), section 

13 1623(a), section 1906(a), section 1907(a), and 1908(a), 

14 is amended— 

15 (1) by redesignating sections 313 and 314 as 

16 sections 314 and 315; and 

17 (2) by inserting after section 312 the following 

18 new section: 

19 ‘‘SEC. 313. REQUIREMENTS FOR WEBSITES OF ELECTION 

20 OFFICIALS. 

21 ‘‘(a) ACCESSIBILITY.—Each State and local election 

22 official shall ensure that the official public website of the 

23 official is fully accessible for individuals with disabilities, 

24 including the blind and visually impaired, in a manner 


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1 that provides the same opportunity for access and partici2 pation as the website provides for other individuals. 

3 ‘‘(b) CONTINUING OPERATION IN CASE OF EMER4 GENCIES.— 

5 ‘‘(1) ESTABLISHMENT OF BEST PRACTICES.— 

6 ‘‘(A) IN GENERAL.—The Director of the 

7 National Institute of Standards and Technology 

8 shall establish and regularly update best prac9 tices for ensuring the continuing operation of 

10 the official public websites of State and local 

11 election officials during emergencies affecting 

12 public health and safety. 

13 ‘‘(B) DEADLINE.—The Director shall first 

14 establish the best practices required under this 

15 paragraph as soon as practicable after the date 

16 of the enactment of this section, but in no case 

17 later than August 15, 2021. 

18 ‘‘(2) REQUIRING WEBSITES TO MEET BEST

19 PRACTICES.—Each State and local election official 

20 shall ensure that the official public website of the of21 ficial is in compliance with the best practices estab22 lished by the Director of the National Institute of 

23 Standards and Technology under paragraph (2). 

24 ‘‘(c) EFFECTIVE DATE.—This section shall apply 

25 with respect to the regularly scheduled general election for 


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1 Federal office held in November 2020 and each succeeding 

2 election for Federal office.’’. 

3 (b) CONFORMING AMENDMENT RELATING TO ADOP4 TION OF VOLUNTARY GUIDANCE BY ELECTION ASSIST5 ANCE COMMISSION.—Section 321(b) of such Act (52 

6 U.S.C. 21101(b)), as redesignated and amended by sec7 tion 1101(b) and section 1611(b), is amended— 

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

9 (4); 

10 (2) by striking the period at the end of para11 graph (5) and inserting ‘‘; and’’; and 

12 (3) by adding at the end the following new 

13 paragraph: 

14 ‘‘(6) in the case of the recommendations with 

15 respect to section 304, as soon as practicable after 

16 the date of the enactment of this paragraph, but in 

17 no case later than August 15, 2021.’’. 

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

19 of such Act, as amended by section 1031(c), section 

20 1101(c), section 1611(c), section 1621(b), section 

21 1622(c), section 1623(a), section 1906(c), section 

22 1907(b), and section 1908(b), is amended— 

23 (1) by redesignating the items relating to sec24 tions 313 and 314 as relating to sections 314 and 

25 315; and 


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1 (2) by inserting after the item relating to sec2 tion 312 the following new item: 

‘‘Sec. 313. Requirements for websites of election officials.’’. 

3 SEC. 1944. PAYMENTS BY ELECTION ASSISTANCE COMMIS4 SION TO STATES FOR COSTS OF COMPLI5 ANCE. 

6 (b) AVAILABILITY OF PAYMENTS.—Title IX of the 

7 Help America Vote Act of 2002 (52 U.S.C. 21141 et seq.) 

8 is amended by adding at the end the following new section: 

9 ‘‘SEC. 907. PAYMENTS FOR COSTS OF COMPLIANCE WITH 

10 CERTAIN REQUIREMENTS RELATING TO PUB11 LIC NOTIFICATION. 

12 ‘‘(a) PAYMENTS.— 

13 ‘‘(1) AVAILABILITY AND USE OF PAYMENTS.— 

14 The Commission shall make a payment to each eligi15 ble State to cover the costs the State incurs or ex16 pects to incur in meeting the requirements of section 

17 302(g) (relating to public education campaigns in 

18 event of changes in elections in response to emer19 gencies) and section 313 (relating to requirements 

20 for the websites of election officials). 

21 ‘‘(2) SCHEDULE OF PAYMENTS.—As soon as 

22 practicable after the date of the enactment of this 

23 section, and not less frequently than once each cal24 endar year thereafter, the Commission shall make 

25 payments under this section. 


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1 ‘‘(3) ADMINISTRATION OF PAYMENTS.—The 

2 chief State election official of the State shall receive 

3 the payment made to a State under this section, and 

4 may use the payment for the purposes set forth in 

5 this section without intervening action by the legisla6 ture of the State. 

7 ‘‘(b) AMOUNT OF PAYMENT.— 

8 ‘‘(1) IN GENERAL.—The amount of a payment 

9 made to an eligible State for a year under this sec10 tion shall be determined by the Commission on the 

11 basis of the information provided by the State in its 

12 application under subsection (c). 

13 ‘‘(2) CONTINUING AVAILABILITY OF FUNDS

14 AFTER APPROPRIATION.—A payment made to an eli15 gible State under this section shall be available with16 out fiscal year limitation. 

17 ‘‘(c) REQUIREMENTS FOR ELIGIBILITY.— 

18 ‘‘(1) APPLICATION.—Each State that desires to 

19 receive a payment under this section for a fiscal year 

20 shall submit an application for the payment to the 

21 Commission at such time and in such manner and 

22 containing such information as the Commission shall 

23 require. 

24 ‘‘(2) CONTENTS OF APPLICATION.—Each appli25 cation submitted under paragraph (1) shall— 


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1 ‘‘(A) describe the activities for which as2 sistance under this section is sought; and 

3 ‘‘(B) provide an estimate of the costs the 

4 State has incurred or expects to incur in car5 rying out the provisions described in subsection 

6 (a), together with such additional information 

7 and certifications as the Commission deter8 mines to be essential to ensure compliance with 

9 the requirements of this section. 

10 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated for payments under this 

12 section such sums as may be necessary for each of the 

13 fiscal years 2022 through 2025. 

14 ‘‘(e) REPORTS.— 

15 ‘‘(1) REPORTS BY RECIPIENTS.—Not later than 

16 the 6 months after the end of each fiscal year for 

17 which an eligible State received a payment under 

18 this section, the State shall submit a report to the 

19 Commission on the activities conducted with the 

20 funds provided during the year. 

21 ‘‘(2) REPORTS BY COMMISSION TO COMMIT22 TEES.—With respect to each fiscal year for which 

23 the Commission makes payments under this section, 

24 the Commission shall submit a report on the activi25 ties carried out under this part to the Committee on 


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1 House Administration of the House of Representa2 tives and the Committee on Rules and Administra3 tion of the Senate.’’. 

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

5 of such Act is amended by adding at the end of the items 

6 relating to title IX the following: 

‘‘Sec. 907. Payments for costs of compliance with certain requirements relating 

to public notification.’’. 

7 Subtitle O—Severability 

8 SEC. 1951. SEVERABILITY. 

9 If any provision of this title or amendment made by 

10 this title, or the application of a provision or amendment 

11 to any person or circumstance, is held to be unconstitu12 tional, the remainder of this title and amendments made 

13 by this title, and the application of the provisions and 

14 amendment to any person or circumstance, shall not be 

15 affected by the holding. 

16 TITLE II—ELECTION INTEGRITY 

Subtitle A—Findings Reaffirming Commitment of Congress to Restore the 

Voting Rights Act 

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

Rights Act. 

Subtitle B—Findings Relating to Native American Voting Rights 

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

Subtitle C—Findings Relating to District of Columbia Statehood 

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

Subtitle D—Territorial Voting Rights 

Sec. 2301. Findings relating to territorial voting rights. 

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

Residents of Territories of the United States. 


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Subtitle E—Redistricting Reform 

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

PART 1—REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING

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

of independent State commission. 

Sec. 2402. Ban on mid-decade redistricting. 

Sec. 2403. Criteria for redistricting. 

PART 2—INDEPENDENT REDISTRICTING COMMISSIONS

Sec. 2411. Independent redistricting commission. 

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

members of commission. 

Sec. 2413. Public notice and input. 

Sec. 2414. Establishment of related entities. 

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

commissions. 

PART 3—ROLE OF COURTS IN DEVELOPMENT OF REDISTRICTING PLANS

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

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

court. 

PART 4—ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

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

Sec. 2432. Civil enforcement. 

Sec. 2433. State apportionment notice defined. 

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

Sec. 2435. Effective date. 

PART 5—REQUIREMENTS FOR REDISTRICTING CARRIED OUT PURSUANT TO

2020 CENSUS

SUBPART A—APPLICATION OF CERTAIN REQUIREMENTS FOR REDISTRICTING

CARRIED OUT PURSUANT TO 2020 CENSUS

Sec. 2441. Application of certain requirements for redistricting carried out pursuant to 2020 Census. 

Sec. 2442. Triggering events. 

SUBPART B—INDEPENDENT REDISTRICTING COMMISSIONS FOR REDISTRICTING

CARRIED OUT PURSUANT TO 2020 CENSUS

Sec. 2451. Use of independent redistricting commissions for redistricting carried out pursuant to 2020 Census. 

Sec. 2452. Establishment of selection pool of individuals eligible to serve as 

members of commission. 

Sec. 2453. Criteria for redistricting plan; public notice and input. 

Sec. 2454. Establishment of related entities. 

Sec. 2455. Report on diversity of memberships of independent redistricting 

commissions. 

Subtitle F—Saving Eligible Voters From Voter Purging 


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Sec. 2501. Short title. 

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

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

Opportunities for Voting 

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

voting. 

Subtitle H—Residence of Incarcerated Individuals 

Sec. 2701. Residence of incarcerated individuals. 

Subtitle I—Findings Relating to Youth Voting 

Sec. 2801. Findings relating to youth voting. 

Subtitle J—Severability 

Sec. 2901. Severability. 

1 Subtitle A—Findings Reaffirming 

2 Commitment of Congress to Re3 store the Voting Rights Act 

4 SEC. 2001. FINDINGS REAFFIRMING COMMITMENT OF CON5 GRESS TO RESTORE THE VOTING RIGHTS 

6 ACT. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) The right to vote for all Americans is a fun9 damental right guaranteed by the United States 

10 Constitution. 

11 (2) Federal, State, and local governments 

12 should protect the right to vote and promote voter 

13 participation across all demographics. 

14 (3) The Voting Rights Act has empowered the 

15 Department of Justice and Federal courts for nearly 

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1 ities with the most troubling histories, ongoing 

2 records of racial discrimination, and demonstrations 

3 of lower participation rates for protected classes. 

4 (4) There continues to be an alarming move5 ment to erect barriers to make it more difficult for 

6 Americans to participate in our Nation’s democratic 

7 process. The Nation has witnessed unprecedented ef8 forts to turn back the clock and enact suppressive 

9 laws that block access to the franchise for commu10 nities of color which have faced historic and con11 tinuing discrimination, as well as disabled, young, el12 derly, and low-income Americans. 

13 (5) The Supreme Court’s decision in Shelby 

14 County v. Holder (570 U.S. 529 (2013)), gutted 

15 decades-long Federal protections for communities of 

16 color and language-minority populations facing ongo17 ing discrimination, emboldening States and local ju18 risdictions to pass voter suppression laws and imple19 ment procedures, like those requiring photo identi20 fication, limiting early voting hours, eliminating 

21 same-day registration, purging voters from the rolls, 

22 and reducing the number of polling places. 

23 (6) Racial discrimination in voting is a clear 

24 and persistent problem. The actions of States and 

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1 cluding at least 10 findings by Federal courts of in2 tentional discrimination, underscored the need for 

3 Congress to conduct investigatory and evidentiary 

4 hearings to determine the legislation necessary to re5 store the Voting Rights Act and combat continuing 

6 efforts in America that suppress the free exercise of 

7 the franchise in Black and other communities of 

8 color. 

9 (7) Evidence of discriminatory voting practice 

10 spans from decades ago through to the past several 

11 election cycles. The 2018 midterm elections, for ex12 ample, demonstrated ongoing discrimination in vot13 ing. 

14 (8) During the 116th Congress, congressional 

15 committees in the House of Representatives held nu16 merous hearings, collecting substantial testimony 

17 and other evidence which underscored the need to 

18 pass a restoration of the Voting Rights Act. 

19 (9) On December 6, 2019, the House of Rep20 resentatives passed the John R. Lewis Voting Rights 

21 Advancement Act, which would restore and mod22 ernize the Voting Rights Act, in accordance with 

23 language from the Shelby County decision. Congress 

24 reaffirms that the barriers faced by too many voters 

25 across this Nation when trying to cast their ballot 


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1 necessitate reintroduction of many of the protections 

2 once afforded by the Voting Rights Act. 

3 (10) The 2020 primary and general elections 

4 provide further evidence that systemic voter dis5 crimination and intimidation continues to occur in 

6 communities of color across the country, making it 

7 clear that full access to the franchise will not be 

8 achieved until Congress restores key provisions of 

9 the Voting Rights Act. 

10 (11) As of late-February 2021, 43 States had 

11 introduced, prefiled, or carried over 253 bills to re12 strict voting access that, primarily, limit mail voting 

13 access, impose stricter voter ID requirements, slash 

14 voter registration opportunities, and/or enable more 

15 aggressive voter roll purges. 

16 (b) PURPOSES.—The purposes of this Act are as fol17 lows: 

18 (1) To improve access to the ballot for all citi19 zens. 

20 (2) To establish procedures by which States 

21 and localities, in accordance with past actions, sub22 mit voting practice changes for preclearance by the 

23 Federal Government. 

24 (3) To enhance the integrity and security of our 

25 voting systems. 


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1 (4) To ensure greater accountability for the ad2 ministration of elections by States and localities. 

3 (5) To restore protections for voters against 

4 practices in States and localities plagued by the per5 sistence of voter disenfranchisement. 

6 (6) To ensure that Federal civil rights laws pro7 tect the rights of voters against discriminatory and 

8 deceptive practices. 

9 Subtitle B—Findings Relating to 

10 Native American Voting Rights 

11 SEC. 2101. FINDINGS RELATING TO NATIVE AMERICAN VOT12 ING RIGHTS. 

13 Congress finds the following: 

14 (1) The right to vote for all Americans is sa15 cred. Congress must fulfill the Federal Government’s 

16 trust responsibility to protect and promote Native 

17 Americans’ exercise of their fundamental right to 

18 vote, including equal access to voter registration vot19 ing mechanisms and locations, and the ability to 

20 serve as election officials. 

21 (2) The Native American Voting Rights Coali22 tion’s four-State survey of voter discrimination 

23 (2016) and nine field hearings in Indian Country 

24 (2017–2018) revealed obstacles that Native Ameri25 cans must overcome, including a lack of accessible 


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1 and proximate registration and polling sites, non2 traditional addresses for residents on Indian reserva3 tions, inadequate language assistance for Tribal 

4 members, and voter identification laws that discrimi5 nate against Native Americans. The Department of 

6 Justice and courts have recognized that some juris7 dictions have been unresponsive to reasonable re8 quests from federally recognized Indian Tribes for 

9 more accessible and proximate voter registration 

10 sites and in-person voting locations. 

11 (3) The 2018 midterm and 2020 general elec12 tions provide further evidence that systemic voter 

13 discrimination and intimidation continues to occur in 

14 communities of color and Tribal lands across the 

15 country, making it clear that democracy reform can16 not be achieved until Congress restores key provi17 sions of the Voting Rights Act and passes additional 

18 protections. 

19 (4) Congress has broad, plenary authority to 

20 enact legislation to safeguard the voting rights of 

21 Native American voters. 

22 (5) Congress must conduct investigatory and 

23 evidentiary hearings to determine the necessary leg24 islation to restore the Voting Rights Act and combat 

25 continuous efforts that suppress the voter franchise 


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1 within Tribal lands, to include, but not to be limited 

2 to, the Native American Voting Rights Act 

3 (NAVRA) and the Voting Rights Advancement Act 

4 (VRAA). 

5 Subtitle C—Findings Relating to 

6 District of Columbia Statehood 

7 SEC. 2201. FINDINGS RELATING TO DISTRICT OF COLUMBIA 

8 STATEHOOD. 

9 Congress finds the following: 

10 (1) The 705,000 District of Columbia residents 

11 deserve voting representation in Congress and local 

12 self-government, which only statehood can provide. 

13 (2) The United States is the only democratic 

14 country that denies both voting representation in the 

15 national legislature and local self-government to the 

16 residents of its Nation’s capital. 

17 (3) There are no constitutional, historical, fis18 cal, or economic reasons why the Americans who live 

19 in the District of Columbia should not be granted 

20 statehood. 

21 (4) Since the founding of the United States, the 

22 residents of the District of Columbia have always 

23 carried all of the obligations of citizenship, including 

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1 tion in Congress and freedom from congressional in2 terference in purely local matters. 

3 (5) The District of Columbia pays more Federal 

4 taxes per capita than any State and more Federal 

5 taxes than 22 States. 

6 (6) The District of Columbia has a larger popu7 lation than 2 States (Wyoming and Vermont), and 

8 6 States have a population under one million. 

9 (7) The District of Columbia has a larger budg10 et than 12 States. 

11 (8) The Constitution of the United States gives 

12 Congress the authority to admit new States (clause 

13 1, section 3, article IV) and reduce the size of the 

14 seat of the Government of the United States (clause 

15 17, section 8, article I). All 37 new States have been 

16 admitted by an Act of Congress, and Congress has 

17 previously reduced the size of the seat of the Gov18 ernment of the United States. 

19 (9) On June 26, 2020, by a vote of 232–180, 

20 the House of Representatives passed H.R. 51, the 

21 Washington, D.C. Admission Act, which would have 

22 admitted the State of Washington, Douglass Com23 monwealth from the residential portions of the Dis24 trict of Columbia and reduced the size of the seat 

25 of the Government of the United States to the 


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1 United States Capitol, the White House, the United 

2 States Supreme Court, the National Mall, and the 

3 principal Federal monuments and buildings. 

4 Subtitle D—Territorial Voting 

5 Rights 

6 SEC. 2301. FINDINGS RELATING TO TERRITORIAL VOTING 

7 RIGHTS. 

8 Congress finds the following: 

9 (1) The right to vote is one of the most power10 ful instruments residents of the territories of the 

11 United States have to ensure that their voices are 

12 heard. 

13 (2) These Americans have played an important 

14 part in the American democracy for more than 120 

15 years. 

16 (3) Political participation and the right to vote 

17 are among the highest concerns of territorial resi18 dents in part because they were not always afforded 

19 these rights. 

20 (4) Voter participation in the territories consist21 ently ranks higher than many communities on the 

22 mainland. 

23 (5) Territorial residents serve and die, on a per 

24 capita basis, at a higher rate in every United States 

25 war and conflict since WWI, as an expression of 


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1 their commitment to American democratic principles 

2 and patriotism. 

3 SEC. 2302. CONGRESSIONAL TASK FORCE ON VOTING 

4 RIGHTS OF UNITED STATES CITIZEN RESI5 DENTS OF TERRITORIES OF THE UNITED 

6 STATES. 

7 (a) ESTABLISHMENT.—There is established within 

8 the legislative branch a Congressional Task Force on Vot9 ing Rights of United States Citizen Residents of Terri10 tories of the United States (in this section referred to as 

11 the ‘‘Task Force’’). 

12 (b) MEMBERSHIP.—The Task Force shall be com13 posed of 12 members as follows: 

14 (1) One Member of the House of Representa15 tives, who shall be appointed by the Speaker of the 

16 House of Representatives, in coordination with the 

17 Chairman of the Committee on Natural Resources of 

18 the House of Representatives. 

19 (2) One Member of the House of Representa20 tives, who shall be appointed by the Speaker of the 

21 House of Representatives, in coordination with the 

22 Chairman of the Committee on the Judiciary of the 

23 House of Representatives. 

24 (3) One Member of the House of Representa25 tives, who shall be appointed by the Speaker of the 


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1 House of Representatives, in coordination with the 

2 Chairman of the Committee on House Administra3 tion of the House of Representatives. 

4 (4) One Member of the House of Representa5 tives, who shall be appointed by the minority leader 

6 of the House of Representatives, in coordination 

7 with the ranking minority member of the Committee 

8 on Natural Resources of the House of Representa9 tives. 

10 (5) One Member of the House of Representa11 tives, who shall be appointed by the minority leader 

12 of the House of Representatives, in coordination 

13 with the ranking minority member of the Committee 

14 on the Judiciary of the House of Representatives. 

15 (6) One Member of the House of Representa16 tives, who shall be appointed by the minority leader 

17 of the House of Representatives, in coordination 

18 with the ranking minority member of the Committee 

19 on House Administration of the House of Represent20 atives. 

21 (7) One Member of the Senate, who shall be ap22 pointed by the majority leader of the Senate, in co23 ordination with the Chairman of the Committee on 

24 Energy and Natural Resources of the Senate. 


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1 (8) One Member of the Senate, who shall be ap2 pointed by the majority leader of the Senate, in co3 ordination with the Chairman of the Committee on 

4 the Judiciary of the Senate. 

5 (9) One Member of the Senate, who shall be ap6 pointed by the majority leader of the Senate, in co7 ordination with the Chairman of the Committee on 

8 Rules and Administration of the Senate. 

9 (10) One Member of the Senate, who shall be 

10 appointed by the minority leader of the Senate, in 

11 coordination with the ranking minority member of 

12 the Committee on Energy and Natural Resources of 

13 the Senate. 

14 (11) One Member of the Senate, who shall be 

15 appointed by the minority leader of the Senate, in 

16 coordination with the ranking minority member of 

17 the Committee on the Judiciary of the Senate. 

18 (12) One Member of the Senate, who shall be 

19 appointed by the minority leader of the Senate, in 

20 coordination with the ranking minority member of 

21 the Committee on Rules and Administration of the 

22 Senate. 

23 (c) DEADLINE FOR APPOINTMENT.—All appoint24 ments to the Task Force shall be made not later than 30 

25 days after the date of enactment of this Act. 


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1 (d) CHAIR.—The Speaker shall designate one Mem2 ber to serve as chair of the Task Force. 

3 (e) VACANCIES.—Any vacancy in the Task Force 

4 shall be filled in the same manner as the original appoint5 ment. 

6 (f) STATUS UPDATE.—Between September 1, 2021, 

7 and September 30, 2021, the Task Force shall provide a 

8 status update to the House of Representatives and the 

9 Senate that includes— 

10 (1) information the Task Force has collected; 

11 and 

12 (2) a discussion on matters that the chairman 

13 of the Task Force deems urgent for consideration by 

14 Congress. 

15 (g) REPORT.—Not later than December 31, 2021, 

16 the Task Force shall issue a report of its findings to the 

17 House of Representatives and the Senate regarding— 

18 (1) the economic and societal consequences 

19 (through statistical data and other metrics) that 

20 come with political disenfranchisement of United 

21 States citizens in territories of the United States; 

22 (2) impediments to full and equal voting rights 

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1 cluding the election of the President and Vice Presi2 dent of the United States; 

3 (3) impediments to full and equal voting rep4 resentation in the House of Representatives for 

5 United States citizens who are residents of terri6 tories of the United States; 

7 (4) recommended changes that, if adopted, 

8 would allow for full and equal voting rights for 

9 United States citizens who are residents of terri10 tories of the United States in Federal elections, in11 cluding the election of the President and Vice Presi12 dent of the United States; 

13 (5) recommended changes that, if adopted, 

14 would allow for full and equal voting representation 

15 in the House of Representatives for United States 

16 citizens who are residents of territories of the United 

17 States; and 

18 (6) additional information the Task Force 

19 deems appropriate. 

20 (h) CONSENSUS VIEWS.—To the greatest extent 

21 practicable, the report issued under subsection (g) shall 

22 reflect the shared views of all 12 Members, except that 

23 the report may contain dissenting views. 

24 (i) HEARINGS AND SESSIONS.—The Task Force may, 

25 for the purpose of carrying out this section, hold hearings, 


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1 sit and act at times and places, take testimony, and re2 ceive evidence as the Task Force considers appropriate. 

3 (j) STAKEHOLDER PARTICIPATION.—In carrying out 

4 its duties, the Task Force shall consult with the govern5 ments of American Samoa, Guam, the Commonwealth of 

6 the Northern Mariana Islands, the Commonwealth of 

7 Puerto Rico, and the United States Virgin Islands. 

8 (k) RESOURCES.—The Task Force shall carry out its 

9 duties by utilizing existing facilities, services, and staff of 

10 the House of Representatives and the Senate. 

11 (l) TERMINATION.—The Task Force shall terminate 

12 upon issuing the report required under subsection (g). 

13 Subtitle E—Redistricting Reform 

14 SEC. 2400. SHORT TITLE; FINDING OF CONSTITUTIONAL AU15 THORITY. 

16 (a) SHORT TITLE.—This subtitle may be cited as the 

17 ‘‘Redistricting Reform Act of 2021’’. 

18 (b) FINDING OF CONSTITUTIONAL AUTHORITY.— 

19 Congress finds that it has the authority to establish the 

20 terms and conditions States must follow in carrying out 

21 congressional redistricting after an apportionment of 

22 Members of the House of Representatives because— 

23 (1) the authority granted to Congress under ar24 ticle I, section 4 of the Constitution of the United 

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1 erning the time, place, and manner of elections for 

2 Members of the House of Representatives; and 

3 (2) the authority granted to Congress under 

4 section 5 of the fourteenth amendment to the Con5 stitution gives Congress the power to enact laws to 

6 enforce section 2 of such amendment, which requires 

7 Representatives to be apportioned among the several 

8 States according to their number. 

9 PART 1—REQUIREMENTS FOR CONGRESSIONAL 

10 REDISTRICTING 

11 SEC. 2401. REQUIRING CONGRESSIONAL REDISTRICTING 

12 TO BE CONDUCTED THROUGH PLAN OF INDE13 PENDENT STATE COMMISSION. 

14 (a) USE OF PLAN REQUIRED.—Notwithstanding any 

15 other provision of law, and except as provided in sub16 section (c) and subsection (d), any congressional redis17 tricting conducted by a State shall be conducted in accord18 ance with— 

19 (1) the redistricting plan developed and enacted 

20 into law by the independent redistricting commission 

21 established in the State, in accordance with part 2; 

22 or 

23 (2) if a plan developed by such commission is 

24 not enacted into law, the redistricting plan developed 


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1 and enacted into law by a 3-judge court, in accord2 ance with section 2421. 

3 (b) CONFORMING AMENDMENT.—Section 22(c) of 

4 the Act entitled ‘‘An Act to provide for the fifteenth and 

5 subsequent decennial censuses and to provide for an ap6 portionment of Representatives in Congress’’, approved 

7 June 18, 1929 (2 U.S.C. 2a(c)), is amended by striking 

8 ‘‘in the manner provided by the law thereof’’ and insert9 ing: ‘‘in the manner provided by the Redistricting Reform 

10 Act of 2021’’. 

11 (c) SPECIAL RULE FOR EXISTING COMMISSIONS.— 

12 Subsection (a) does not apply to any State in which, under 

13 law in effect continuously on and after the date of the 

14 enactment of this Act, congressional redistricting is car15 ried out in accordance with a plan developed and approved 

16 by an independent redistricting commission which is in 

17 compliance with each of the following requirements: 

18 (1) PUBLICLY AVAILABLE APPLICATION PROC19 ESS.—Membership on the commission is open to citi20 zens of the State through a publicly available appli21 cation process. 

22 (2) DISQUALIFICATIONS FOR GOVERNMENT

23 SERVICE AND POLITICAL APPOINTMENT.—Individ24 uals who, for a covered period of time as established 

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1 uals who are or have been candidates for elected 

2 public office, and individuals who serve or have 

3 served as an officer, employee, or paid consultant of 

4 a campaign committee of a candidate for public of5 fice are disqualified from serving on the commission. 

6 (3) SCREENING FOR CONFLICTS.—Individuals 

7 who apply to serve on the commission are screened 

8 through a process that excludes persons with con9 flicts of interest from the pool of potential commis10 sioners. 

11 (4) MULTI-PARTISAN COMPOSITION.—Member12 ship on the commission represents those who are af13 filiated with the two political parties whose can14 didates received the most votes in the most recent 

15 statewide election for Federal office held in the 

16 State, as well as those who are unaffiliated with any 

17 party or who are affiliated with political parties 

18 other than the two political parties whose candidates 

19 received the most votes in the most recent statewide 

20 election for Federal office held in the State. 

21 (5) CRITERIA FOR REDISTRICTING.—Members 

22 of the commission are required to meet certain cri23 teria in the map drawing process, including mini24 mizing the division of communities of interest and a 

25 ban on drawing maps to favor a political party. 


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1 (6) PUBLIC INPUT.—Public hearings are held 

2 and comments from the public are accepted before 

3 a final map is approved. 

4 (7) BROAD-BASED SUPPORT FOR APPROVAL OF

5 FINAL PLAN.—The approval of the final redistricting 

6 plan requires a majority vote of the members of the 

7 commission, including the support of at least one 

8 member of each of the following: 

9 (A) Members who are affiliated with the 

10 political party whose candidate received the 

11 most votes in the most recent statewide election 

12 for Federal office held in the State. 

13 (B) Members who are affiliated with the 

14 political party whose candidate received the sec15 ond most votes in the most recent statewide 

16 election for Federal office held in the State. 

17 (C) Members who are not affiliated with 

18 any political party or who are affiliated with po19 litical parties other than the political parties de20 scribed in subparagraphs (A) and (B). 

21 (d) TREATMENT OF STATE OF IOWA.—Subsection (a) 

22 does not apply to the State of Iowa, so long as congres23 sional redistricting in such State is carried out in accord24 ance with a plan developed by the Iowa Legislative Serv25 ices Agency with the assistance of a Temporary RedisVerDate Sep 11 2014 00:08 Feb 08, 2022 Jkt 029200 PO 00000 Frm 00322 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RDS H1

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1 tricting Advisory Commission, under law which was in ef2 fect for the most recent congressional redistricting carried 

3 out in the State prior to the date of the enactment of this 

4 Act and which remains in effect continuously on and after 

5 the date of the enactment of this Act. 

6 SEC. 2402. BAN ON MID-DECADE REDISTRICTING. 

7 A State that has been redistricted in accordance with 

8 this subtitle and a State described in section 2401(c) or 

9 section 2401(d) may not be redistricted again until after 

10 the next apportionment of Representatives under section 

11 22(a) of the Act entitled ‘‘An Act to provide for the fif12 teenth and subsequent decennial censuses and to provide 

13 for an apportionment of Representatives in Congress’’, ap14 proved June 18, 1929 (2 U.S.C. 2a), unless a court re15 quires the State to conduct such subsequent redistricting 

16 to comply with the Constitution of the United States, the 

17 Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), the 

18 Constitution of the State, or the terms or conditions of 

19 this subtitle. 

20 SEC. 2403. CRITERIA FOR REDISTRICTING. 

21 (a) CRITERIA.—Under the redistricting plan of a 

22 State, there shall be established single-member congres23 sional districts using the following criteria as set forth in 

24 the following order of priority: 


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1 (1) Districts shall comply with the United 

2 States Constitution, including the requirement that 

3 they equalize total population. 

4 (2) Districts shall comply with the Voting 

5 Rights Act of 1965 (52 U.S.C. 10301 et seq.), in6 cluding by creating any districts where two or more 

7 politically cohesive groups protected by such Act are 

8 able to elect representatives of choice in coalition 

9 with one another, and all applicable Federal laws. 

10 (3) Districts shall be drawn, to the extent that 

11 the totality of the circumstances warrant, to ensure 

12 the practical ability of a group protected under the 

13 Voting Rights Act of 1965 (52 U.S.C. 10301 et 

14 seq.) to participate in the political process and to 

15 nominate candidates and to elect representatives of 

16 choice is not diluted or diminished, regardless of 

17 whether or not such protected group constitutes a 

18 majority of a district’s citizen voting age population. 

19 (4) Districts shall respect communities of inter20 est, neighborhoods, and political subdivisions to the 

21 extent practicable and after compliance with the re22 quirements of paragraphs (1) through (3). A com23 munity of interest is defined as an area with recog24 nized similarities of interests, including but not lim25 ited to ethnic, racial, economic, tribal, social, culVerDate Sep 11 2014 00:08 Feb 08, 2022 Jkt 029200 PO 00000 Frm 00324 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RDS H1

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1 tural, geographic or historic identities. The term 

2 communities of interest may, in certain cir3 cumstances, include political subdivisions such as 

4 counties, municipalities, tribal lands and reserva5 tions, or school districts, but shall not include com6 mon relationships with political parties or political 

7 candidates. 

8 (b) NO FAVORING OR DISFAVORING OF POLITICAL

9 PARTIES.— 

10 (1) PROHIBITION.—The redistricting plan en11 acted by a State shall not, when considered on a 

12 Statewide basis, be drawn with the intent or the ef13 fect of unduly favoring or disfavoring any political 

14 party. 

15 (2) DETERMINATION OF EFFECT.— 

16 (A) TOTALITY OF CIRCUMSTANCES.—For 

17 purposes of paragraph (1), the determination of 

18 whether a redistricting plan has the effect of 

19 unduly favoring or disfavoring a political party 

20 shall be based on the totality of circumstances, 

21 including evidence regarding the durability and 

22 severity of a plan’s partisan bias. 

23 (B) PLANS DEEMED TO HAVE EFFECT OF

24 UNDULY FAVORING OR DISFAVORING A POLIT25 ICAL PARTY.—Without limiting other ways in 


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1 which a redistricting plan may be determined to 

2 have the effect of unduly favoring or disfavoring 

3 a political party under the totality of cir4 cumstances under subparagraph (A), a redis5 tricting plan shall be deemed to have the effect 

6 of unduly favoring or disfavoring a political 

7 party if— 

8 (i) modeling based on relevant histor9 ical voting patterns shows that the plan is 

10 statistically likely to result in a partisan 

11 bias of more than one seat in States with 

12 20 or fewer congressional districts or a 

13 partisan bias of more than 2 seats in 

14 States with more than 20 congressional 

15 districts, as determined using quantitative 

16 measures of partisan fairness, which may 

17 include, but are not limited to, the seats18 to-votes curve for an enacted plan, the effi19 ciency gap, the declination, partisan asym20 metry, and the mean-median difference, 

21 and 

22 (ii) alternative plans, which may in23 clude, but are not limited to, those gen24 erated by redistricting algorithms, exist 

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1 ments of law and not been in violation of 

2 paragraph (1). 

3 (3) DETERMINATION OF INTENT.—For pur4 poses of paragraph (A), a rebuttable presumption 

5 shall exist that a redistricting plan enacted by the 

6 legislature of a State was not enacted with the in7 tent of unduly favoring or disfavoring a political 

8 party if the plan was enacted with the support of at 

9 least a third of the members of the second largest 

10 political party in each house of the legislature. 

11 (4) NO VIOLATION BASED ON CERTAIN CRI12 TERIA.—No redistricting plan shall be found to be 

13 in violation of paragraph (1) because of partisan 

14 bias attributable to the application of the criteria set 

15 forth in paragraphs (1), (2), or (3) of subsection (a), 

16 unless one or more alternative plans could have com17 plied with such paragraphs without having the effect 

18 of unduly favoring or disfavoring a political party. 

19 (c) FACTORS PROHIBITED FROM CONSIDERATION.— 

20 In developing the redistricting plan for the State, the inde21 pendent redistricting commission may not take into con22 sideration any of the following factors, except to the extent 

23 necessary to comply with the criteria described in para24 graphs (1) through (3) of subsection (a), subsection (b), 


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1 and to enable the redistricting plan to be measured 

2 against the external metrics described in section 2413(d): 

3 (1) The residence of any Member of the House 

4 of Representatives or candidate. 

5 (2) The political party affiliation or voting his6 tory of the population of a district. 

7 (d) APPLICABILITY.—This section applies to any au8 thority, whether appointed, elected, judicial, or otherwise, 

9 that designs or enacts a congressional redistricting plan 

10 of a State. 

11 (e) SEVERABILITY OF CRITERIA.—If any of the cri12 teria set forth in this section, or the application of such 

13 criteria to any person or circumstance, is held to be uncon14 stitutional, the remaining criteria set forth in this section, 

15 and the application of such criteria to any person or cir16 cumstance, shall not be affected by the holding. 

17 PART 2—INDEPENDENT REDISTRICTING 

18 COMMISSIONS 

19 SEC. 2411. INDEPENDENT REDISTRICTING COMMISSION. 

20 (a) APPOINTMENT OF MEMBERS.— 

21 (1) IN GENERAL.—The nonpartisan agency es22 tablished or designated by a State under section 

23 2414(a) shall establish an independent redistricting 

24 commission for the State, which shall consist of 15 

25 members appointed by the agency as follows: 


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1 (A) Not later than October 1 of a year 

2 ending in the numeral zero, the agency shall, at 

3 a public meeting held not earlier than 15 days 

4 after notice of the meeting has been given to 

5 the public, first appoint 6 members as follows: 

6 (i) The agency shall appoint 2 mem7 bers on a random basis from the majority 

8 category of the approved selection pool (as 

9 described in section 2412(b)(1)(A)). 

10 (ii) The agency shall appoint 2 mem11 bers on a random basis from the minority 

12 category of the approved selection pool (as 

13 described in section 2412(b)(1)(B)). 

14 (iii) The agency shall appoint 2 mem15 bers on a random basis from the inde16 pendent category of the approved selection 

17 pool (as described in section 

18 2412(b)(1)(C)). 

19 (B) Not later than November 15 of a year 

20 ending in the numeral zero, the members ap21 pointed by the agency under subparagraph (A) 

22 shall, at a public meeting held not earlier than 

23 15 days after notice of the meeting has been 

24 given to the public, then appoint 9 members as 

25 follows: 


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1 (i) The members shall appoint 3 mem2 bers from the majority category of the ap3 proved selection pool (as described in sec4 tion 2412(b)(1)(A)). 

5 (ii) The members shall appoint 3 

6 members from the minority category of the 

7 approved selection pool (as described in 

8 section 2412(b)(1)(B)). 

9 (iii) The members shall appoint 3 

10 members from the independent category of 

11 the approved selection pool (as described in 

12 section 2412(b)(1)(C)). 

13 (2) RULES FOR APPOINTMENT OF MEMBERS

14 APPOINTED BY FIRST MEMBERS.— 

15 (A) AFFIRMATIVE VOTE OF AT LEAST 4

16 MEMBERS.—The appointment of any of the 9 

17 members of the independent redistricting com18 mission who are appointed by the first members 

19 of the commission pursuant to subparagraph 

20 (B) of paragraph (1), as well as the designation 

21 of alternates for such members pursuant to 

22 subparagraph (B) of paragraph (3) and the ap23 pointment of alternates to fill vacancies pursu24 ant to subparagraph (B) of paragraph (4), shall 

25 require the affirmative vote of at least 4 of the 


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1 members appointed by the nonpartisan agency 

2 under subparagraph (A) of paragraph (1), in3 cluding at least one member from each of the 

4 categories referred to in such subparagraph. 

5 (B) ENSURING DIVERSITY.—In appointing 

6 the 9 members pursuant to subparagraph (B) 

7 of paragraph (1), as well as in designating al8 ternates pursuant to subparagraph (B) of para9 graph (3) and in appointing alternates to fill 

10 vacancies pursuant to subparagraph (B) of 

11 paragraph (4), the first members of the inde12 pendent redistricting commission shall ensure 

13 that the membership is representative of the de14 mographic groups (including racial, ethnic, eco15 nomic, and gender) and geographic regions of 

16 the State, and provides racial, ethnic, and lan17 guage minorities protected under the Voting 

18 Rights Act of 1965 with a meaningful oppor19 tunity to participate in the development of the 

20 State’s redistricting plan. 

21 (3) DESIGNATION OF ALTERNATES TO SERVE

22 IN CASE OF VACANCIES.— 

23 (A) MEMBERS APPOINTED BY AGENCY.— 

24 At the time the agency appoints the members 

25 of the independent redistricting commission 


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1 under subparagraph (A) of paragraph (1) from 

2 each of the categories referred to in such sub3 paragraph, the agency shall, on a random basis, 

4 designate 2 other individuals from such cat5 egory to serve as alternate members who may 

6 be appointed to fill vacancies in the commission 

7 in accordance with paragraph (4). 

8 (B) MEMBERS APPOINTED BY FIRST MEM9 BERS.—At the time the members appointed by 

10 the agency appoint the other members of the 

11 independent redistricting commission under 

12 subparagraph (B) of paragraph (1) from each 

13 of the categories referred to in such subpara14 graph, the members shall, in accordance with 

15 the special rules described in paragraph (2), 

16 designate 2 other individuals from such cat17 egory to serve as alternate members who may 

18 be appointed to fill vacancies in the commission 

19 in accordance with paragraph (4). 

20 (4) APPOINTMENT OF ALTERNATES TO SERVE

21 IN CASE OF VACANCIES.— 

22 (A) MEMBERS APPOINTED BY AGENCY.—If 

23 a vacancy occurs in the commission with respect 

24 to a member who was appointed by the non25 partisan agency under subparagraph (A) of 


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1 paragraph (1) from one of the categories re2 ferred to in such subparagraph, the agency 

3 shall fill the vacancy by appointing, on a ran4 dom basis, one of the 2 alternates from such 

5 category who was designated under subpara6 graph (A) of paragraph (3). At the time the 

7 agency appoints an alternate to fill a vacancy 

8 under the previous sentence, the agency shall 

9 designate, on a random basis, another indi10 vidual from the same category to serve as an al11 ternate member, in accordance with subpara12 graph (A) of paragraph (3). 

13 (B) MEMBERS APPOINTED BY FIRST MEM14 BERS.—If a vacancy occurs in the commission 

15 with respect to a member who was appointed by 

16 the first members of the commission under sub17 paragraph (B) of paragraph (1) from one of the 

18 categories referred to in such subparagraph, the 

19 first members shall, in accordance with the spe20 cial rules described in paragraph (2), fill the va21 cancy by appointing one of the 2 alternates 

22 from such category who was designated under 

23 subparagraph (B) of paragraph (3). At the time 

24 the first members appoint an alternate to fill a 

25 vacancy under the previous sentence, the first 


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1 members shall, in accordance with the special 

2 rules described in paragraph (2), designate an3 other individual from the same category to 

4 serve as an alternate member, in accordance 

5 with subparagraph (B) of paragraph (3). 

6 (5) REMOVAL.—A member of the independent 

7 redistricting commission may be removed by a ma8 jority vote of the remaining members of the commis9 sion if it is shown by a preponderance of the evi10 dence that the member is not eligible to serve on the 

11 commission under section 2412(a). 

12 (b) PROCEDURES FOR CONDUCTING COMMISSION

13 BUSINESS.— 

14 (1) CHAIR.—Members of an independent redis15 tricting commission established under this section 

16 shall select by majority vote one member who was 

17 appointed from the independent category of the ap18 proved selection pool described in section 

19 2412(b)(1)(C) to serve as chair of the commission. 

20 The commission may not take any action to develop 

21 a redistricting plan for the State under section 2413 

22 until the appointment of the commission’s chair. 

23 (2) REQUIRING MAJORITY APPROVAL FOR AC24 TIONS.—The independent redistricting commission 

25 of a State may not publish and disseminate any 


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1 draft or final redistricting plan, or take any other 

2 action, without the approval of at least— 

3 (A) a majority of the whole membership of 

4 the commission; and 

5 (B) at least one member of the commission 

6 appointed from each of the categories of the ap7 proved selection pool described in section 

8 2412(b)(1). 

9 (3) QUORUM.—A majority of the members of 

10 the commission shall constitute a quorum. 

11 (c) STAFF; CONTRACTORS.— 

12 (1) STAFF.—Under a public application process 

13 in which all application materials are available for 

14 public inspection, the independent redistricting com15 mission of a State shall appoint and set the pay of 

16 technical experts, legal counsel, consultants, and 

17 such other staff as it considers appropriate, subject 

18 to State law. 

19 (2) CONTRACTORS.—The independent redis20 tricting commission of a State may enter into such 

21 contracts with vendors as it considers appropriate, 

22 subject to State law, except that any such contract 

23 shall be valid only if approved by the vote of a ma24 jority of the members of the commission, including 

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1 egories of the approved selection pool described in 

2 section 2412(b)(1). 

3 (3) REPORTS ON EXPENDITURES FOR POLIT4 ICAL ACTIVITY.— 

5 (A) REPORT BY APPLICANTS.—Each indi6 vidual who applies for a position as an employee 

7 of the independent redistricting commission and 

8 each vendor who applies for a contract with the 

9 commission shall, at the time of applying, file 

10 with the commission a report summarizing— 

11 (i) any expenditure for political activ12 ity made by such individual or vendor dur13 ing the 10 most recent calendar years; and 

14 (ii) any income received by such indi15 vidual or vendor during the 10 most recent 

16 calendar years which is attributable to an 

17 expenditure for political activity. 

18 (B) ANNUAL REPORTS BY EMPLOYEES

19 AND VENDORS.—Each person who is an em20 ployee or vendor of the independent redis21 tricting commission shall, not later than 1 year 

22 after the person is appointed as an employee or 

23 enters into a contract as a vendor (as the case 

24 may be) and annually thereafter for each year 

25 during which the person serves as an employee 


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1 or a vendor, file with the commission a report 

2 summarizing the expenditures and income de3 scribed in subparagraph (A) during the 10 most 

4 recent calendar years. 

5 (C) EXPENDITURE FOR POLITICAL ACTIV6 ITY DEFINED.—In this paragraph, the term 

7 ‘‘expenditure for political activity’’ means a dis8 bursement for any of the following: 

9 (i) An independent expenditure, as de10 fined in section 301(17) of the Federal 

11 Election Campaign Act of 1971 (52 U.S.C. 

12 30101(17)). 

13 (ii) An electioneering communication, 

14 as defined in section 304(f)(3) of such Act 

15 (52 U.S.C. 30104(f)(3)) or any other pub16 lic communication, as defined in section 

17 301(22) of such Act (52 U.S.C. 

18 30101(22)) that would be an electioneering 

19 communication if it were a broadcast, 

20 cable, or satellite communication. 

21 (iii) Any dues or other payments to 

22 trade associations or organizations de23 scribed in section 501(c) of the Internal 

24 Revenue Code of 1986 and exempt from 

25 tax under section 501(a) of such Code that 


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1 are, or could reasonably be anticipated to 

2 be, used or transferred to another associa3 tion or organization for a use described in 

4 paragraph (1), (2), or (4) of section 501(c) 

5 of such Code. 

6 (4) GOAL OF IMPARTIALITY.—The commission 

7 shall take such steps as it considers appropriate to 

8 ensure that any staff appointed under this sub9 section, and any vendor with whom the commission 

10 enters into a contract under this subsection, will 

11 work in an impartial manner, and may require any 

12 person who applies for an appointment to a staff po13 sition or for a vendor’s contract with the commission 

14 to provide information on the person’s history of po15 litical activity beyond the information on the per16 son’s expenditures for political activity provided in 

17 the reports required under paragraph (3) (including 

18 donations to candidates, political committees, and 

19 political parties) as a condition of the appointment 

20 or the contract. 

21 (5) DISQUALIFICATION; WAIVER.— 

22 (A) IN GENERAL.—The independent redis23 tricting commission may not appoint an indi24 vidual as an employee, and may not enter into 

25 a contract with a vendor, if the individual or 


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1 vendor meets any of the criteria for the dis2 qualification of an individual from serving as a 

3 member of the commission which are set forth 

4 in section 2412(a)(2). 

5 (B) WAIVER.—The commission may by 

6 unanimous vote of its members waive the appli7 cation of subparagraph (A) to an individual or 

8 a vendor after receiving and reviewing the re9 port filed by the individual or vendor under 

10 paragraph (3). 

11 (d) TERMINATION.— 

12 (1) IN GENERAL.—The independent redis13 tricting commission of a State shall terminate on the 

14 earlier of— 

15 (A) June 14 of the next year ending in the 

16 numeral zero; or 

17 (B) the day on which the nonpartisan 

18 agency established or designated by a State 

19 under section 2414(a) has, in accordance with 

20 section 2412(b)(1), submitted a selection pool 

21 to the Select Committee on Redistricting for the 

22 State established under section 2414(b). 

23 (2) PRESERVATION OF RECORDS.—The State 

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1 priate State archive in such manner as may be nec2 essary to enable the State to respond to any civil ac3 tion brought with respect to congressional redis4 tricting in the State. 

5 SEC. 2412. ESTABLISHMENT OF SELECTION POOL OF INDI6 VIDUALS ELIGIBLE TO SERVE AS MEMBERS 

7 OF COMMISSION. 

8 (a) CRITERIA FOR ELIGIBILITY.— 

9 (1) IN GENERAL.—An individual is eligible to 

10 serve as a member of an independent redistricting 

11 commission if the individual meets each of the fol12 lowing criteria: 

13 (A) As of the date of appointment, the in14 dividual is registered to vote in elections for 

15 Federal office held in the State. 

16 (B) During the 3-year period ending on 

17 the date of the individual’s appointment, the in18 dividual has been continuously registered to 

19 vote with the same political party, or has not 

20 been registered to vote with any political party. 

21 (C) The individual submits to the non22 partisan agency established or designated by a 

23 State under section 2413, at such time and in 

24 such form as the agency may require, an appli25 cation for inclusion in the selection pool under 


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1 this section, and includes with the application a 

2 written statement, with an attestation under 

3 penalty of perjury, containing the following in4 formation and assurances: 

5 (i) The full current name and any 

6 former names of, and the contact informa7 tion for, the individual, including an elec8 tronic mail address, the address of the in9 dividual’s residence, mailing address, and 

10 telephone numbers. 

11 (ii) The individual’s race, ethnicity, 

12 gender, age, date of birth, and household 

13 income for the most recent taxable year. 

14 (iii) The political party with which the 

15 individual is affiliated, if any. 

16 (iv) The reason or reasons the indi17 vidual desires to serve on the independent 

18 redistricting commission, the individual’s 

19 qualifications, and information relevant to 

20 the ability of the individual to be fair and 

21 impartial, including, but not limited to— 

22 (I) any involvement with, or fi23 nancial support of, professional, so24 cial, political, religious, or community 

25 organizations or causes; 


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1 (II) the individual’s employment 

2 and educational history. 

3 (v) An assurance that the individual 

4 shall commit to carrying out the individ5 ual’s duties under this subtitle in an hon6 est, independent, and impartial fashion, 

7 and to upholding public confidence in the 

8 integrity of the redistricting process. 

9 (vi) An assurance that, during the 

10 covered periods described in paragraph (3), 

11 the individual has not taken and will not 

12 take any action which would disqualify the 

13 individual from serving as a member of the 

14 commission under paragraph (2). 

15 (2) DISQUALIFICATIONS.—An individual is not 

16 eligible to serve as a member of the commission if 

17 any of the following applies during any of the cov18 ered periods described in paragraph (3): 

19 (A) The individual or (in the case of the 

20 covered periods described in subparagraphs (A) 

21 and (B) of paragraph (3)) an immediate family 

22 member of the individual holds public office or 

23 is a candidate for election for public office. 

24 (B) The individual or (in the case of the 

25 covered periods described in subparagraphs (A) 


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1 and (B) of paragraph (3)) an immediate family 

2 member of the individual serves as an officer of 

3 a political party or as an officer, employee, or 

4 paid consultant of a campaign committee of a 

5 candidate for public office or of any political ac6 tion committee (as determined in accordance 

7 with the law of the State). 

8 (C) The individual or (in the case of the 

9 covered periods described in subparagraphs (A) 

10 and (B) of paragraph (3)) an immediate family 

11 member of the individual holds a position as a 

12 registered lobbyist under the Lobbying Disclo13 sure Act of 1995 (2 U.S.C. 1601 et seq.) or an 

14 equivalent State or local law. 

15 (D) The individual or (in the case of the 

16 covered periods described in subparagraphs (A) 

17 and (B) of paragraph (3)) an immediate family 

18 member of the individual is an employee of an 

19 elected public official, a contractor with the gov20 ernment of the State, or a donor to the cam21 paign of any candidate for public office or to 

22 any political action committee (other than a 

23 donor who, during any of such covered periods, 

24 gives an aggregate amount of $1,000 or less to 


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1 the campaigns of all candidates for all public 

2 offices and to all political action committees). 

3 (E) The individual paid a civil money pen4 alty or criminal fine, or was sentenced to a 

5 term of imprisonment, for violating any provi6 sion of the Federal Election Campaign Act of 

7 1971 (52 U.S.C. 30101 et seq.). 

8 (F) The individual or (in the case of the 

9 covered periods described in subparagraphs (A) 

10 and (B) of paragraph (3)) an immediate family 

11 member of the individual is an agent of a for12 eign principal under the Foreign Agents Reg13 istration Act of 1938, as amended (22 U.S.C. 

14 611 et seq.). 

15 (3) COVERED PERIODS DESCRIBED.—In this 

16 subsection, the term ‘‘covered period’’ means, with 

17 respect to the appointment of an individual to the 

18 commission, any of the following: 

19 (A) The 10-year period ending on the date 

20 of the individual’s appointment. 

21 (B) The period beginning on the date of 

22 the individual’s appointment and ending on Au23 gust 14 of the next year ending in the numeral 

24 one. 


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1 (C) The 10-year period beginning on the 

2 day after the last day of the period described in 

3 subparagraph (B). 

4 (4) IMMEDIATE FAMILY MEMBER DEFINED.—In 

5 this subsection, the term ‘‘immediate family mem6 ber’’ means, with respect to an individual, a father, 

7 stepfather, mother, stepmother, son, stepson, daugh8 ter, stepdaughter, brother, stepbrother, sister, step9 sister, husband, wife, father-in-law, or mother-in10 law. 

11 (b) DEVELOPMENT AND SUBMISSION OF SELECTION

12 POOL.— 

13 (1) IN GENERAL.—Not later than June 15 of 

14 each year ending in the numeral zero, the non15 partisan agency established or designated by a State 

16 under section 2414(a) shall develop and submit to 

17 the Select Committee on Redistricting for the State 

18 established under section 2414(b) a selection pool of 

19 36 individuals who are eligible to serve as members 

20 of the independent redistricting commission of the 

21 State under this subtitle, consisting of individuals in 

22 the following categories: 

23 (A) A majority category, consisting of 12 

24 individuals who are affiliated with the political 

25 party whose candidate received the most votes 


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1 in the most recent statewide election for Fed2 eral office held in the State. 

3 (B) A minority category, consisting of 12 

4 individuals who are affiliated with the political 

5 party whose candidate received the second most 

6 votes in the most recent statewide election for 

7 Federal office held in the State. 

8 (C) An independent category, consisting of 

9 12 individuals who are not affiliated with either 

10 of the political parties described in subpara11 graph (A) or subparagraph (B). 

12 (2) FACTORS TAKEN INTO ACCOUNT IN DEVEL13 OPING POOL.—In selecting individuals for the selec14 tion pool under this subsection, the nonpartisan 

15 agency shall— 

16 (A) ensure that the pool is representative 

17 of the demographic groups (including racial, 

18 ethnic, economic, and gender) and geographic 

19 regions of the State, and includes applicants 

20 who would allow racial, ethnic, and language 

21 minorities protected under the Voting Rights 

22 Act of 1965 a meaningful opportunity to par23 ticipate in the development of the State’s redis24 tricting plan; and 


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1 (B) take into consideration the analytical 

2 skills of the individuals selected in relevant 

3 fields (including mapping, data management, 

4 law, community outreach, demography, and the 

5 geography of the State) and their ability to 

6 work on an impartial basis. 

7 (3) INTERVIEWS OF APPLICANTS.—To assist 

8 the nonpartisan agency in developing the selection 

9 pool under this subsection, the nonpartisan agency 

10 shall conduct interviews of applicants under oath. If 

11 an individual is included in a selection pool devel12 oped under this section, all of the interviews of the 

13 individual shall be transcribed and the transcriptions 

14 made available on the nonpartisan agency’s website 

15 contemporaneously with release of the report under 

16 paragraph (6). 

17 (4) DETERMINATION OF POLITICAL PARTY AF18 FILIATION OF INDIVIDUALS IN SELECTION POOL.— 

19 For purposes of this section, an individual shall be 

20 considered to be affiliated with a political party only 

21 if the nonpartisan agency is able to verify (to the 

22 greatest extent possible) the information the indi23 vidual provides in the application submitted under 

24 subsection (a)(1)(D), including by considering addi25 tional information provided by other persons with 


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1 knowledge of the individual’s history of political ac2 tivity. 

3 (5) ENCOURAGING RESIDENTS TO APPLY FOR

4 INCLUSION IN POOL.—The nonpartisan agency shall 

5 take such steps as may be necessary to ensure that 

6 residents of the State across various geographic re7 gions and demographic groups are aware of the op8 portunity to serve on the independent redistricting 

9 commission, including publicizing the role of the 

10 panel and using newspapers, broadcast media, and 

11 online sources, including ethnic media, to encourage 

12 individuals to apply for inclusion in the selection 

13 pool developed under this subsection. 

14 (6) REPORT ON ESTABLISHMENT OF SELEC15 TION POOL.—At the time the nonpartisan agency 

16 submits the selection pool to the Select Committee 

17 on Redistricting under paragraph (1), it shall pub18 lish and post on the agency’s public website a report 

19 describing the process by which the pool was devel20 oped, and shall include in the report a description of 

21 how the individuals in the pool meet the eligibility 

22 criteria of subsection (a) and of how the pool reflects 

23 the factors the agency is required to take into con24 sideration under paragraph (2). 


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1 (7) PUBLIC COMMENT ON SELECTION POOL.— 

2 During the 14-day period which begins on the date 

3 the nonpartisan agency publishes the report under 

4 paragraph (6), the agency shall accept comments 

5 from the public on the individuals included in the se6 lection pool. The agency shall post all such com7 ments contemporaneously on the nonpartisan agen8 cy’s website and shall transmit them to the Select 

9 Committee on Redistricting immediately upon the 

10 expiration of such period. 

11 (8) ACTION BY SELECT COMMITTEE.— 

12 (A) IN GENERAL.—Not earlier than 15 

13 days and not later than 21 days after receiving 

14 the selection pool from the nonpartisan agency 

15 under paragraph (1), the Select Committee on 

16 Redistricting shall, by majority vote— 

17 (i) approve the pool as submitted by 

18 the nonpartisan agency, in which case the 

19 pool shall be considered the approved selec20 tion pool for purposes of section 

21 2411(a)(1); or 

22 (ii) reject the pool, in which case the 

23 nonpartisan agency shall develop and sub24 mit a replacement selection pool in accord25 ance with subsection (c). 


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1 (B) INACTION DEEMED REJECTION.—If 

2 the Select Committee on Redistricting fails to 

3 approve or reject the pool within the deadline 

4 set forth in subparagraph (A), the Select Com5 mittee shall be deemed to have rejected the pool 

6 for purposes of such subparagraph. 

7 (c) DEVELOPMENT OF REPLACEMENT SELECTION

8 POOL.— 

9 (1) IN GENERAL.—If the Select Committee on 

10 Redistricting rejects the selection pool submitted by 

11 the nonpartisan agency under subsection (b), not 

12 later than 14 days after the rejection, the non13 partisan agency shall develop and submit to the Se14 lect Committee a replacement selection pool, under 

15 the same terms and conditions that applied to the 

16 development and submission of the selection pool 

17 under paragraphs (1) through (7) of subsection (b). 

18 The replacement pool submitted under this para19 graph may include individuals who were included in 

20 the rejected selection pool submitted under sub21 section (b), so long as at least one of the individuals 

22 in the replacement pool was not included in such re23 jected pool. 

24 (2) ACTION BY SELECT COMMITTEE.— 


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1 (A) IN GENERAL.—Not later than 21 days 

2 after receiving the replacement selection pool 

3 from the nonpartisan agency under paragraph 

4 (1), the Select Committee on Redistricting 

5 shall, by majority vote— 

6 (i) approve the pool as submitted by 

7 the nonpartisan agency, in which case the 

8 pool shall be considered the approved selec9 tion pool for purposes of section 

10 2411(a)(1); or 

11 (ii) reject the pool, in which case the 

12 nonpartisan agency shall develop and sub13 mit a second replacement selection pool in 

14 accordance with subsection (d). 

15 (B) INACTION DEEMED REJECTION.—If 

16 the Select Committee on Redistricting fails to 

17 approve or reject the pool within the deadline 

18 set forth in subparagraph (A), the Select Com19 mittee shall be deemed to have rejected the pool 

20 for purposes of such subparagraph. 

21 (d) DEVELOPMENT OF SECOND REPLACEMENT SE22 LECTION POOL.— 

23 (1) IN GENERAL.—If the Select Committee on 

24 Redistricting rejects the replacement selection pool 

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1 section (c), not later than 14 days after the rejec2 tion, the nonpartisan agency shall develop and sub3 mit to the Select Committee a second replacement 

4 selection pool, under the same terms and conditions 

5 that applied to the development and submission of 

6 the selection pool under paragraphs (1) through (7) 

7 of subsection (b). The second replacement selection 

8 pool submitted under this paragraph may include in9 dividuals who were included in the rejected selection 

10 pool submitted under subsection (b) or the rejected 

11 replacement selection pool submitted under sub12 section (c), so long as at least one of the individuals 

13 in the replacement pool was not included in either 

14 such rejected pool. 

15 (2) ACTION BY SELECT COMMITTEE.— 

16 (A) IN GENERAL.—Not earlier than 15 

17 days and not later than 14 days after receiving 

18 the second replacement selection pool from the 

19 nonpartisan agency under paragraph (1), the 

20 Select Committee on Redistricting shall, by ma21 jority vote— 

22 (i) approve the pool as submitted by 

23 the nonpartisan agency, in which case the 

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1 tion pool for purposes of section 

2 2411(a)(1); or 

3 (ii) reject the pool. 

4 (B) INACTION DEEMED REJECTION.—If 

5 the Select Committee on Redistricting fails to 

6 approve or reject the pool within the deadline 

7 set forth in subparagraph (A), the Select Com8 mittee shall be deemed to have rejected the pool 

9 for purposes of such subparagraph. 

10 (C) EFFECT OF REJECTION.—If the Select 

11 Committee on Redistricting rejects the second 

12 replacement pool from the nonpartisan agency 

13 under paragraph (1), the redistricting plan for 

14 the State shall be developed and enacted in ac15 cordance with part 3. 

16 SEC. 2413. PUBLIC NOTICE AND INPUT. 

17 (a) PUBLIC NOTICE AND INPUT.— 

18 (1) USE OF OPEN AND TRANSPARENT PROC19 ESS.—The independent redistricting commission of a 

20 State shall hold each of its meetings in public, shall 

21 solicit and take into consideration comments from 

22 the public, including proposed maps, throughout the 

23 process of developing the redistricting plan for the 

24 State, and shall carry out its duties in an open and 

25 transparent manner which provides for the widest 


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1 public dissemination reasonably possible of its pro2 posed and final redistricting plans. 

3 (2) WEBSITE.— 

4 (A) FEATURES.—The commission shall 

5 maintain a public Internet site which is not af6 filiated with or maintained by the office of any 

7 elected official and which includes the following 

8 features: 

9 (i) General information on the com10 mission, its role in the redistricting proc11 ess, and its members, including contact in12 formation. 

13 (ii) An updated schedule of commis14 sion hearings and activities, including 

15 deadlines for the submission of comments. 

16 (iii) All draft redistricting plans devel17 oped by the commission under subsection 

18 (b) and the final redistricting plan devel19 oped under subsection (c), including the 

20 accompanying written evaluation under 

21 subsection (d). 

22 (iv) All comments received from the 

23 public on the commission’s activities, in24 cluding any proposed maps submitted 

25 under paragraph (1). 


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1 (v) Live streaming of commission 

2 hearings and an archive of previous meet3 ings, including any documents considered 

4 at any such meeting, which the commission 

5 shall post not later than 24 hours after the 

6 conclusion of the meeting. 

7 (vi) Access in an easily useable format 

8 to the demographic and other data used by 

9 the commission to develop and analyze the 

10 proposed redistricting plans, together with 

11 access to any software used to draw maps 

12 of proposed districts and to any reports 

13 analyzing and evaluating any such maps. 

14 (vii) A method by which members of 

15 the public may submit comments and pro16 posed maps directly to the commission. 

17 (viii) All records of the commission, 

18 including all communications to or from 

19 members, employees, and contractors re20 garding the work of the commission. 

21 (ix) A list of all contractors receiving 

22 payment from the commission, together 

23 with the annual disclosures submitted by 

24 the contractors under section 2411(c)(3). 


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1 (x) A list of the names of all individ2 uals who submitted applications to serve 

3 on the commission, together with the appli4 cations submitted by individuals included 

5 in any selection pool, except that the com6 mission may redact from such applications 

7 any financial or other personally sensitive 

8 information. 

9 (B) SEARCHABLE FORMAT.—The commis10 sion shall ensure that all information posted 

11 and maintained on the site under this para12 graph, including information and proposed 

13 maps submitted by the public, shall be main14 tained in an easily searchable format. 

15 (C) DEADLINE.—The commission shall en16 sure that the public internet site under this 

17 paragraph is operational (in at least a prelimi18 nary format) not later than January 1 of the 

19 year ending in the numeral one. 

20 (3) PUBLIC COMMENT PERIOD.—The commis21 sion shall solicit, accept, and consider comments 

22 from the public with respect to its duties, activities, 

23 and procedures at any time during the period— 

24 (A) which begins on January 1 of the year 

25 ending in the numeral one; and 


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1 (B) which ends 7 days before the date of 

2 the meeting at which the commission shall vote 

3 on approving the final redistricting plan for en4 actment into law under subsection (c)(2). 

5 (4) MEETINGS AND HEARINGS IN VARIOUS GEO6 GRAPHIC LOCATIONS.—To the greatest extent prac7 ticable, the commission shall hold its meetings and 

8 hearings in various geographic regions and locations 

9 throughout the State. 

10 (5) MULTIPLE LANGUAGE REQUIREMENTS FOR

11 ALL NOTICES.—The commission shall make each no12 tice which is required to be posted and published 

13 under this section available in any language in which 

14 the State (or any jurisdiction in the State) is re15 quired to provide election materials under section 

16 203 of the Voting Rights Act of 1965. 

17 (b) DEVELOPMENT AND PUBLICATION OF PRELIMI18 NARY REDISTRICTING PLAN.— 

19 (1) IN GENERAL.—Prior to developing and pub20 lishing a final redistricting plan under subsection 

21 (c), the independent redistricting commission of a 

22 State shall develop and publish a preliminary redis23 tricting plan. 

24 (2) MINIMUM PUBLIC HEARINGS AND OPPOR25 TUNITY FOR COMMENT PRIOR TO DEVELOPMENT.— 


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1 (A) 3 HEARINGS REQUIRED.—Prior to de2 veloping a preliminary redistricting plan under 

3 this subsection, the commission shall hold not 

4 fewer than 3 public hearings at which members 

5 of the public may provide input and comments 

6 regarding the potential contents of redistricting 

7 plans for the State and the process by which 

8 the commission will develop the preliminary 

9 plan under this subsection. 

10 (B) MINIMUM PERIOD FOR NOTICE PRIOR

11 TO HEARINGS.—Not fewer than 14 days prior 

12 to the date of each hearing held under this 

13 paragraph, the commission shall post notices of 

14 the hearing in on the website maintained under 

15 subsection (a)(2), and shall provide for the pub16 lication of such notices in newspapers of general 

17 circulation throughout the State. Each such no18 tice shall specify the date, time, and location of 

19 the hearing. 

20 (C) SUBMISSION OF PLANS AND MAPS BY

21 MEMBERS OF THE PUBLIC.—Any member of 

22 the public may submit maps or portions of 

23 maps for consideration by the commission. As 

24 provided under subsection (a)(2)(A), any such 


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1 map shall be made publicly available on the 

2 commission’s website and open to comment. 

3 (3) PUBLICATION OF PRELIMINARY PLAN.— 

4 (A) IN GENERAL.—The commission shall 

5 post the preliminary redistricting plan devel6 oped under this subsection, together with a re7 port that includes the commission’s responses 

8 to any public comments received under sub9 section (a)(3), on the website maintained under 

10 subsection (a)(2), and shall provide for the pub11 lication of each such plan in newspapers of gen12 eral circulation throughout the State. 

13 (B) MINIMUM PERIOD FOR NOTICE PRIOR

14 TO PUBLICATION.—Not fewer than 14 days 

15 prior to the date on which the commission posts 

16 and publishes the preliminary plan under this 

17 paragraph, the commission shall notify the pub18 lic through the website maintained under sub19 section (a)(2), as well as through publication of 

20 notice in newspapers of general circulation 

21 throughout the State, of the pending publica22 tion of the plan. 

23 (4) MINIMUM POST-PUBLICATION PERIOD FOR

24 PUBLIC COMMENT.—The commission shall accept 

25 and consider comments from the public (including 


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1 through the website maintained under subsection 

2 (a)(2)) with respect to the preliminary redistricting 

3 plan published under paragraph (3), including pro4 posed revisions to maps, for not fewer than 30 days 

5 after the date on which the plan is published. 

6 (5) POST-PUBLICATION HEARINGS.— 

7 (A) 3 HEARINGS REQUIRED.—After post8 ing and publishing the preliminary redistricting 

9 plan under paragraph (3), the commission shall 

10 hold not fewer than 3 public hearings in dif11 ferent geographic areas of the State at which 

12 members of the public may provide input and 

13 comments regarding the preliminary plan. 

14 (B) MINIMUM PERIOD FOR NOTICE PRIOR

15 TO HEARINGS.—Not fewer than 14 days prior 

16 to the date of each hearing held under this 

17 paragraph, the commission shall post notices of 

18 the hearing in on the website maintained under 

19 subsection (a)(2), and shall provide for the pub20 lication of such notices in newspapers of general 

21 circulation throughout the State. Each such no22 tice shall specify the date, time, and location of 

23 the hearing. 

24 (6) PERMITTING MULTIPLE PRELIMINARY

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1 veloping and publishing the preliminary redistricting 

2 plan under this subsection, the commission may de3 velop and publish subsequent preliminary redis4 tricting plans, so long as the process for the develop5 ment and publication of each such subsequent plan 

6 meets the requirements set forth in this subsection 

7 for the development and publication of the first pre8 liminary redistricting plan. 

9 (c) PROCESS FOR ENACTMENT OF FINAL REDIS10 TRICTING PLAN.— 

11 (1) IN GENERAL.—After taking into consider12 ation comments from the public on any preliminary 

13 redistricting plan developed and published under 

14 subsection (b), the independent redistricting commis15 sion of a State shall develop and publish a final re16 districting plan for the State. 

17 (2) MEETING; FINAL VOTE.—Not later than the 

18 deadline specified in subsection (e), the commission 

19 shall hold a public hearing at which the members of 

20 the commission shall vote on approving the final 

21 plan for enactment into law. 

22 (3) PUBLICATION OF PLAN AND ACCOMPANYING

23 MATERIALS.—Not fewer than 14 days before the 

24 date of the meeting under paragraph (2), the com25 mission shall provide the following information to 


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1 the public through the website maintained under 

2 subsection (a)(2), as well as through newspapers of 

3 general circulation throughout the State: 

4 (A) The final redistricting plan, including 

5 all relevant maps. 

6 (B) A report by the commission to accom7 pany the plan which provides the background 

8 for the plan and the commission’s reasons for 

9 selecting the plan as the final redistricting plan, 

10 including responses to the public comments re11 ceived on any preliminary redistricting plan de12 veloped and published under subsection (b). 

13 (C) Any dissenting or additional views with 

14 respect to the plan of individual members of the 

15 commission. 

16 (4) ENACTMENT.—Subject to paragraph (5), 

17 the final redistricting plan developed and published 

18 under this subsection shall be deemed to be enacted 

19 into law upon the expiration of the 45-day period 

20 which begins on the date on which— 

21 (A) such final plan is approved by a major22 ity of the whole membership of the commission; 

23 and 

24 (B) at least one member of the commission 

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1 proved selection pool described in section 

2 2412(b)(1) approves such final plan. 

3 (5) REVIEW BY DEPARTMENT OF JUSTICE.— 

4 (A) REQUIRING SUBMISSION OF PLAN FOR

5 REVIEW.—The final redistricting plan shall not 

6 be deemed to be enacted into law unless the 

7 State submits the plan to the Department of 

8 Justice for an administrative review to deter9 mine if the plan is in compliance with the cri10 teria described in subparagraphs (B) and (C) of 

11 section 2413(a)(1). 

12 (B) TERMINATION OF REVIEW.—The De13 partment of Justice shall terminate any admin14 istrative review under subparagraph (A) if, dur15 ing the 45-day period which begins on the date 

16 the plan is enacted into law, an action is filed 

17 in a United States district court alleging that 

18 the plan is not in compliance with the criteria 

19 described in subparagraphs (B) and (C) of sec20 tion 2413(a)(1). 

21 (d) WRITTEN EVALUATION OF PLAN AGAINST EX22 TERNAL METRICS.—The independent redistricting com23 mission shall include with each redistricting plan devel24 oped and published under this section a written evaluation 

25 that measures each such plan against external metrics 


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1 which cover the criteria set forth in section 2403(a), in2 cluding the impact of the plan on the ability of commu3 nities of color to elect candidates of choice, measures of 

4 partisan fairness using multiple accepted methodologies, 

5 and the degree to which the plan preserves or divides com6 munities of interest. 

7 (e) TIMING.—The independent redistricting commis8 sion of a State may begin its work on the redistricting 

9 plan of the State upon receipt of relevant population infor10 mation from the Bureau of the Census, and shall approve 

11 a final redistricting plan for the State in each year ending 

12 in the numeral one not later than 8 months after the date 

13 on which the State receives the State apportionment notice 

14 or October 1, whichever occurs later. 

15 SEC. 2414. ESTABLISHMENT OF RELATED ENTITIES. 

16 (a) ESTABLISHMENT OR DESIGNATION OF NON17 PARTISAN AGENCY OF STATE LEGISLATURE.— 

18 (1) IN GENERAL.—Each State shall establish a 

19 nonpartisan agency in the legislative branch of the 

20 State government to appoint the members of the 

21 independent redistricting commission for the State 

22 in accordance with section 2411. 

23 (2) NONPARTISANSHIP DESCRIBED.—For pur24 poses of this subsection, an agency shall be consid25 ered to be nonpartisan if under law the agency— 


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1 (A) is required to provide services on a 

2 nonpartisan basis; 

3 (B) is required to maintain impartiality; 

4 and 

5 (C) is prohibited from advocating for the 

6 adoption or rejection of any legislative proposal. 

7 (3) TRAINING OF MEMBERS APPOINTED TO

8 COMMISSION.—Not later than January 15 of a year 

9 ending in the numeral one, the nonpartisan agency 

10 established or designated under this subsection shall 

11 provide the members of the independent redistricting 

12 commission with initial training on their obligations 

13 as members of the commission, including obligations 

14 under the Voting Rights Act of 1965 and other ap15 plicable laws. 

16 (4) REGULATIONS.—The nonpartisan agency 

17 established or designated under this subsection shall 

18 adopt and publish regulations, after notice and op19 portunity for comment, establishing the procedures 

20 that the agency will follow in fulfilling its duties 

21 under this subtitle, including the procedures to be 

22 used in vetting the qualifications and political affili23 ation of applicants and in creating the selection 

24 pools, the randomized process to be used in selecting 

25 the initial members of the independent redistricting 


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1 commission, and the rules that the agency will apply 

2 to ensure that the agency carries out its duties 

3 under this subtitle in a maximally transparent, pub4 licly accessible, and impartial manner. 

5 (5) DESIGNATION OF EXISTING AGENCY.—At 

6 its option, a State may designate an existing agency 

7 in the legislative branch of its government to appoint 

8 the members of the independent redistricting com9 mission plan for the State under this subtitle, so 

10 long as the agency meets the requirements for non11 partisanship under this subsection. 

12 (6) TERMINATION OF AGENCY SPECIFICALLY

13 ESTABLISHED FOR REDISTRICTING.—If a State does 

14 not designate an existing agency under paragraph 

15 (5) but instead establishes a new agency to serve as 

16 the nonpartisan agency under this section, the new 

17 agency shall terminate upon the enactment into law 

18 of the redistricting plan for the State. 

19 (7) PRESERVATION OF RECORDS.—The State 

20 shall ensure that the records of the nonpartisan 

21 agency are retained in the appropriate State archive 

22 in such manner as may be necessary to enable the 

23 State to respond to any civil action brought with re24 spect to congressional redistricting in the State. 


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1 (8) DEADLINE.—The State shall meet the re2 quirements of this subsection not later than each 

3 October 15 of a year ending in the numeral nine. 

4 (b) ESTABLISHMENT OF SELECT COMMITTEE ON RE5 DISTRICTING.— 

6 (1) IN GENERAL.—Each State shall appoint a 

7 Select Committee on Redistricting to approve or dis8 approve a selection pool developed by the inde9 pendent redistricting commission for the State under 

10 section 2412. 

11 (2) APPOINTMENT.—The Select Committee on 

12 Redistricting for a State under this subsection shall 

13 consist of the following members: 

14 (A) One member of the upper house of the 

15 State legislature, who shall be appointed by the 

16 leader of the party with the greatest number of 

17 seats in the upper house. 

18 (B) One member of the upper house of the 

19 State legislature, who shall be appointed by the 

20 leader of the party with the second greatest 

21 number of seats in the upper house. 

22 (C) One member of the lower house of the 

23 State legislature, who shall be appointed by the 

24 leader of the party with the greatest number of 

25 seats in the lower house. 


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1 (D) One member of the lower house of the 

2 State legislature, who shall be appointed by the 

3 leader of the party with the second greatest 

4 number of seats in the lower house. 

5 (3) SPECIAL RULE FOR STATES WITH UNICAM6 ERAL LEGISLATURE.—In the case of a State with a 

7 unicameral legislature, the Select Committee on Re8 districting for the State under this subsection shall 

9 consist of the following members: 

10 (A) Two members of the State legislature 

11 appointed by the chair of the political party of 

12 the State whose candidate received the highest 

13 percentage of votes in the most recent statewide 

14 election for Federal office held in the State. 

15 (B) Two members of the State legislature 

16 appointed by the chair of the political party 

17 whose candidate received the second highest 

18 percentage of votes in the most recent statewide 

19 election for Federal office held in the State. 

20 (4) DEADLINE.—The State shall meet the re21 quirements of this subsection not later than each 

22 January 15 of a year ending in the numeral zero. 

23 (5) RULE OF CONSTRUCTION.—Nothing in this 

24 subsection may be construed to prohibit the leader 


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1 of any political party in a legislature from appoint2 ment to the Select Committee on Redistricting. 

3 SEC. 2415. REPORT ON DIVERSITY OF MEMBERSHIPS OF 

4 INDEPENDENT REDISTRICTING COMMIS5 SIONS. 

6 Not later than May 15 of a year ending in the nu7 meral one, the Comptroller General of the United States 

8 shall submit to Congress a report on the extent to which 

9 the memberships of independent redistricting commissions 

10 for States established under this part with respect to the 

11 immediately preceding year ending in the numeral zero 

12 meet the diversity requirements as provided for in sections 

13 2411(a)(2)(B) and 2412(b)(2). 

14 PART 3—ROLE OF COURTS IN DEVELOPMENT OF 

15 REDISTRICTING PLANS 

16 SEC. 2421. ENACTMENT OF PLAN DEVELOPED BY 3-JUDGE 

17 COURT. 

18 (a) DEVELOPMENT OF PLAN.—If any of the trig19 gering events described in subsection (f) occur with re20 spect to a State— 

21 (1) not later than December 15 of the year in 

22 which the triggering event occurs, the United States 

23 district court for the applicable venue, acting 

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1 velop and publish the congressional redistricting 

2 plan for the State; and 

3 (2) the final plan developed and published by 

4 the Court under this section shall be deemed to be 

5 enacted on the date on which the Court publishes 

6 the final plan, as described in subsection (d). 

7 (b) APPLICABLE VENUE DESCRIBED.—For purposes 

8 of this section, the ‘‘applicable venue’’ with respect to a 

9 State is the District of Columbia or the judicial district 

10 in which the capital of the State is located, as selected 

11 by the first party to file with the court sufficient evidence 

12 of the occurrence of a triggering event described in sub13 section (f). 

14 (c) PROCEDURES FOR DEVELOPMENT OF PLAN.— 

15 (1) CRITERIA.—In developing a redistricting 

16 plan for a State under this section, the Court shall 

17 adhere to the same terms and conditions that ap18 plied (or that would have applied, as the case may 

19 be) to the development of a plan by the independent 

20 redistricting commission of the State under section 

21 2403. 

22 (2) ACCESS TO INFORMATION AND RECORDS OF

23 COMMISSION.—The Court shall have access to any 

24 information, data, software, or other records and 

25 material that was used (or that would have been 


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1 used, as the case may be) by the independent redis2 tricting commission of the State in carrying out its 

3 duties under this subtitle. 

4 (3) HEARING; PUBLIC PARTICIPATION.—In de5 veloping a redistricting plan for a State, the Court 

6 shall— 

7 (A) hold one or more evidentiary hearings 

8 at which interested members of the public may 

9 appear and be heard and present testimony, in10 cluding expert testimony, in accordance with 

11 the rules of the Court; and 

12 (B) consider other submissions and com13 ments by the public, including proposals for re14 districting plans to cover the entire State or 

15 any portion of the State. 

16 (4) USE OF SPECIAL MASTER.—To assist in the 

17 development and publication of a redistricting plan 

18 for a State under this section, the Court may ap19 point a special master to make recommendations to 

20 the Court on possible plans for the State. 

21 (d) PUBLICATION OF PLAN.— 

22 (1) PUBLIC AVAILABILITY OF INITIAL PLAN.— 

23 Upon completing the development of one or more 

24 initial redistricting plans, the Court shall make the 

25 plans available to the public at no cost, and shall 


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1 also make available the underlying data used by the 

2 Court to develop the plans and a written evaluation 

3 of the plans against external metrics (as described in 

4 section 2413(d)). 

5 (2) PUBLICATION OF FINAL PLAN.—At any 

6 time after the expiration of the 14-day period which 

7 begins on the date the Court makes the plans avail8 able to the public under paragraph (1), and taking 

9 into consideration any submissions and comments by 

10 the public which are received during such period, the 

11 Court shall develop and publish the final redis12 tricting plan for the State. 

13 (e) USE OF INTERIM PLAN.—In the event that the 

14 Court is not able to develop and publish a final redis15 tricting plan for the State with sufficient time for an up16 coming election to proceed, the Court may develop and 

17 publish an interim redistricting plan which shall serve as 

18 the redistricting plan for the State until the Court devel19 ops and publishes a final plan in accordance with this sec20 tion. Nothing in this subsection may be construed to limit 

21 or otherwise affect the authority or discretion of the Court 

22 to develop and publish the final redistricting plan, includ23 ing but not limited to the discretion to make any changes 

24 the Court deems necessary to an interim redistricting 

25 plan. 


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1 (f) TRIGGERING EVENTS DESCRIBED.—The ‘‘trig2 gering events’’ described in this subsection are as follows: 

3 (1) The failure of the State to establish or des4 ignate a nonpartisan agency of the State legislature 

5 under section 2414(a) prior to the expiration of the 

6 deadline set forth in section 2414(a)(5). 

7 (2) The failure of the State to appoint a Select 

8 Committee on Redistricting under section 2414(b) 

9 prior to the expiration of the deadline set forth in 

10 section 2414(b)(4). 

11 (3) The failure of the Select Committee on Re12 districting to approve any selection pool under sec13 tion 2412 prior to the expiration of the deadline set 

14 forth for the approval of the second replacement se15 lection pool in section 2412(d)(2). 

16 (4) The failure of the independent redistricting 

17 commission of the State to approve a final redis18 tricting plan for the State prior to the expiration of 

19 the deadline set forth in section 2413(e). 

20 SEC. 2422. SPECIAL RULE FOR REDISTRICTING CON21 DUCTED UNDER ORDER OF FEDERAL COURT. 

22 If a Federal court requires a State to conduct redis23 tricting subsequent to an apportionment of Representa24 tives in the State in order to comply with the Constitution 

25 or to enforce the Voting Rights Act of 1965, section 2413 


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1 shall apply with respect to the redistricting, except that 

2 the court may revise any of the deadlines set forth in such 

3 section if the court determines that a revision is appro4 priate in order to provide for a timely enactment of a new 

5 redistricting plan for the State. 

6 PART 4—ADMINISTRATIVE AND MISCELLANEOUS 

7 PROVISIONS 

8 SEC. 2431. PAYMENTS TO STATES FOR CARRYING OUT RE9 DISTRICTING. 

10 (a) AUTHORIZATION OF PAYMENTS.—Subject to sub11 section (d), not later than 30 days after a State receives 

12 a State apportionment notice, the Election Assistance 

13 Commission shall, subject to the availability of appropria14 tions provided pursuant to subsection (e), make a payment 

15 to the State in an amount equal to the product of— 

16 (1) the number of Representatives to which the 

17 State is entitled, as provided under the notice; and 

18 (2) $150,000. 

19 (b) USE OF FUNDS.—A State shall use the payment 

20 made under this section to establish and operate the 

21 State’s independent redistricting commission, to imple22 ment the State redistricting plan, and to otherwise carry 

23 out congressional redistricting in the State. 

24 (c) NO PAYMENT TO STATES WITH SINGLE MEM25 BER.—The Election Assistance Commission shall not 


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1 make a payment under this section to any State which 

2 is not entitled to more than one Representative under its 

3 State apportionment notice. 

4 (d) REQUIRING SUBMISSION OF SELECTION POOL AS

5 CONDITION OF PAYMENT.— 

6 (1) REQUIREMENT.—Except as provided in 

7 paragraph (2) and paragraph (3), the Election As8 sistance Commission may not make a payment to a 

9 State under this section until the State certifies to 

10 the Commission that the nonpartisan agency estab11 lished or designated by a State under section 

12 2414(a) has, in accordance with section 2412(b)(1), 

13 submitted a selection pool to the Select Committee 

14 on Redistricting for the State established under sec15 tion 2414(b). 

16 (2) EXCEPTION FOR STATES WITH EXISTING

17 COMMISSIONS.—In the case of a State which, pursu18 ant to section 2401(c), is exempt from the require19 ments of section 2401(a), the Commission may not 

20 make a payment to the State under this section until 

21 the State certifies to the Commission that its redis22 tricting commission meets the requirements of sec23 tion 2401(c). 

24 (3) EXCEPTION FOR STATE OF IOWA.—In the 

25 case of the State of Iowa, the Commission may not 


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1 make a payment to the State under this section until 

2 the State certifies to the Commission that it will 

3 carry out congressional redistricting pursuant to the 

4 State’s apportionment notice in accordance with a 

5 plan developed by the Iowa Legislative Services 

6 Agency with the assistance of a Temporary Redis7 tricting Advisory Commission, as provided under the 

8 law described in section 2401(d). 

9 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated such sums as may be 

11 necessary for payments under this section. 

12 SEC. 2432. CIVIL ENFORCEMENT. 

13 (a) CIVIL ENFORCEMENT.— 

14 (1) ACTIONS BY ATTORNEY GENERAL.—The At15 torney General may bring a civil action in an appro16 priate district court for such relief as may be appro17 priate to carry out this subtitle. 

18 (2) AVAILABILITY OF PRIVATE RIGHT OF AC19 TION.—Any citizen of a State who is aggrieved by 

20 the failure of the State to meet the requirements of 

21 this subtitle may bring a civil action in the United 

22 States district court for the applicable venue for 

23 such relief as may be appropriate to remedy the fail24 ure. For purposes of this section, the ‘‘applicable 

25 venue’’ is the District of Columbia or the judicial 


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1 district in which the capital of the State is located, 

2 as selected by the person who brings the civil action. 

3 (b) EXPEDITED CONSIDERATION.—In any action 

4 brought forth under this section, the following rules shall 

5 apply: 

6 (1) The action shall be filed in the district court 

7 of the United States for the District of Columbia or 

8 for the judicial district in which the capital of the 

9 State is located, as selected by the person bringing 

10 the action. 

11 (2) The action shall be heard by a 3-judge 

12 court convened pursuant to section 2284 of title 28, 

13 United States Code. 

14 (3) The 3-judge court shall consolidate actions 

15 brought for relief under subsection (b)(1) with re16 spect to the same State redistricting plan. 

17 (4) A copy of the complaint shall be delivered 

18 promptly to the Clerk of the House of Representa19 tives and the Secretary of the Senate. 

20 (5) A final decision in the action shall be re21 viewable only by appeal directly to the Supreme 

22 Court of the United States. Such appeal shall be 

23 taken by the filing of a notice of appeal within 10 

24 days, and the filing of a jurisdictional statement 

25 within 30 days, of the entry of the final decision. 


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1 (6) It shall be the duty of the district court and 

2 the Supreme Court of the United States to advance 

3 on the docket and to expedite to the greatest pos4 sible extent the disposition of the action and appeal. 

5 (c) REMEDIES.— 

6 (1) ADOPTION OF REPLACEMENT PLAN.— 

7 (A) IN GENERAL.—If the district court in 

8 an action under this section finds that the con9 gressional redistricting plan of a State violates, 

10 in whole or in part, the requirements of this 

11 subtitle— 

12 (i) the Court shall adopt a replace13 ment congressional redistricting plan for 

14 the State in accordance with the process 

15 set forth in section 2421; or 

16 (ii) if circumstances warrant and no 

17 delay to an upcoming regularly scheduled 

18 election for the House of Representatives 

19 in the State would result, the district court 

20 may allow a State to develop and propose 

21 a remedial congressional redistricting plan 

22 for consideration by the court, and such 

23 remedial plan may be developed by the 

24 State by adopting such appropriate 


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1 changes to the State’s enacted plan as may 

2 be ordered by the court. 

3 (B) SPECIAL RULE IN CASE FINAL ADJU4 DICATION NOT EXPECTED WITHIN 3 MONTHS

5 OF ELECTION.—If final adjudication of an ac6 tion under this section is not reasonably ex7 pected to be completed at least three months 

8 prior to the next regularly scheduled election 

9 for the House of Representatives in the State, 

10 the district court shall, as the balance of equi11 ties warrant— 

12 (i) order development, adoption, and 

13 use of an interim congressional redis14 tricting plan in accordance with section 

15 2421(e) to address any claims under this 

16 title for which a party seeking relief has 

17 demonstrated a substantial likelihood of 

18 success; or 

19 (ii) order adjustments to the timing of 

20 primary elections for the House of Rep21 resentatives, as needed, to allow sufficient 

22 opportunity for adjudication of the matter 

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1 uled general elections for the House of 

2 Representatives. 

3 (2) NO INJUNCTIVE RELIEF PERMITTED.—Any 

4 remedial or replacement congressional redistricting 

5 plan ordered under this subsection shall not be sub6 ject to temporary or preliminary injunctive relief 

7 from any court unless the record establishes that a 

8 writ of mandamus is warranted. 

9 (3) NO STAY PENDING APPEAL.—Notwith10 standing the appeal of an order finding that a con11 gressional redistricting plan of a State violates, in 

12 whole or in part, the requirements of this subtitle, 

13 no stay shall issue which shall bar the development 

14 or adoption of a replacement or remedial plan under 

15 this subsection, as may be directed by the district 

16 court, pending such appeal. 

17 (d) ATTORNEY’S FEES.—In a civil action under this 

18 section, the court may allow the prevailing party (other 

19 than the United States) reasonable attorney fees, includ20 ing litigation expenses, and costs. 

21 (e) RELATION TO OTHER LAWS.— 

22 (1) RIGHTS AND REMEDIES ADDITIONAL TO

23 OTHER RIGHTS AND REMEDIES.—The rights and 

24 remedies established by this section are in addition 

25 to all other rights and remedies provided by law, and 


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1 neither the rights and remedies established by this 

2 section nor any other provision of this subtitle shall 

3 supersede, restrict, or limit the application of the 

4 Voting Rights Act of 1965 (52 U.S.C. 10301 et 

5 seq.). 

6 (2) VOTING RIGHTS ACT OF 1965.—Nothing in 

7 this subtitle authorizes or requires conduct that is 

8 prohibited by the Voting Rights Act of 1965 (52 

9 U.S.C. 10301 et seq.). 

10 (f) LEGISLATIVE PRIVILEGE.—No person, legisla11 ture, or State may claim legislative privilege under either 

12 State or Federal law in a civil action brought under this 

13 section or in any other legal challenge, under either State 

14 or Federal law, to a redistricting plan enacted under this 

15 subtitle. 

16 SEC. 2433. STATE APPORTIONMENT NOTICE DEFINED. 

17 In this subtitle, the ‘‘State apportionment notice’’ 

18 means, with respect to a State, the notice sent to the State 

19 from the Clerk of the House of Representatives under sec20 tion 22(b) of the Act entitled ‘‘An Act to provide for the 

21 fifteenth and subsequent decennial censuses and to pro22 vide for an apportionment of Representatives in Con23 gress’’, approved June 18, 1929 (2 U.S.C. 2a), of the 

24 number of Representatives to which the State is entitled. 


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1 SEC. 2434. NO EFFECT ON ELECTIONS FOR STATE AND 

2 LOCAL OFFICE. 

3 Nothing in this subtitle or in any amendment made 

4 by this subtitle may be construed to affect the manner 

5 in which a State carries out elections for State or local 

6 office, including the process by which a State establishes 

7 the districts used in such elections. 

8 SEC. 2435. EFFECTIVE DATE. 

9 This subtitle and the amendments made by this sub10 title shall apply with respect to redistricting carried out 

11 pursuant to the decennial census conducted during 2030 

12 or any succeeding decennial census. 

13 PART 5—REQUIREMENTS FOR REDISTRICTING 

14 CARRIED OUT PURSUANT TO 2020 CENSUS 

15 Subpart A—Application of Certain Requirements for 

16 Redistricting Carried Out Pursuant to 2020 Census 

17 SEC. 2441. APPLICATION OF CERTAIN REQUIREMENTS FOR 

18 REDISTRICTING CARRIED OUT PURSUANT TO 

19 2020 CENSUS. 

20 Notwithstanding section 2435, parts 1, 3, and 4 of 

21 this subtitle and the amendments made by such parts shall 

22 apply with respect to congressional redistricting carried 

23 out pursuant to the decennial census conducted during 

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1 tricting carried out pursuant to the decennial census con2 ducted during 2030, except as follows: 

3 (1) Except as provided in subsection (c) and 

4 subsection (d) of section 2401, the redistricting shall 

5 be conducted in accordance with— 

6 (A) the redistricting plan developed and 

7 enacted into law by the independent redis8 tricting commission established in the State in 

9 accordance with subpart B; or 

10 (B) if a plan developed by such commission 

11 is not enacted into law, the redistricting plan 

12 developed and enacted into law by a 3-judge 

13 court in accordance with section 2421. 

14 (2) If any of the triggering events described in 

15 section 2442 occur with respect to the State, the 

16 United States district court for the applicable venue 

17 shall develop and publish the redistricting plan for 

18 the State, in accordance with section 2421, not later 

19 than December 15, 2021. 

20 (3) For purposes of section 2431(d)(1), the 

21 Election Assistance Commission may not make a 

22 payment to a State under such section until the 

23 State certifies to the Commission that the non24 partisan agency established or designated by a State 

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1 tion 2452(b)(1), submitted a selection pool to the 

2 Select Committee on Redistricting for the State es3 tablished under section 2454(b). 

4 SEC. 2442. TRIGGERING EVENTS. 

5 For purposes of the redistricting carried out pursuant 

6 to the decennial census conducted during 2020, the trig7 gering events described in this section are as follows: 

8 (1) The failure of the State to establish or des9 ignate a nonpartisan agency under section 2454(a) 

10 prior to the expiration of the deadline under section 

11 2454(a)(6). 

12 (2) The failure of the State to appoint a Select 

13 Committee on Redistricting under section 2454(b) 

14 prior to the expiration of the deadline under section 

15 2454(b)(4). 

16 (3) The failure of the Select Committee on Re17 districting to approve a selection pool under section 

18 2452(b) prior to the expiration of the deadline under 

19 section 2452(b)(7). 

20 (4) The failure of the independent redistricting 

21 commission of the State to approve a final redis22 tricting plan for the State under section 2453 prior 

23 to the expiration of the deadline under section 

24 2453(e). 


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1 Subpart B—Independent Redistricting Commissions 

2 for Redistricting Carried Out Pursuant to 2020 

3 Census 

4 SEC. 2451. USE OF INDEPENDENT REDISTRICTING COMMIS5 SIONS FOR REDISTRICTING CARRIED OUT 

6 PURSUANT TO 2020 CENSUS. 

7 (a) APPOINTMENT OF MEMBERS.— 

8 (1) IN GENERAL.—The nonpartisan agency es9 tablished or designated by a State under section 

10 2454(a) shall establish an independent redistricting 

11 commission under this part for the State, which 

12 shall consist of 15 members appointed by the agency 

13 as follows: 

14 (A) Not later than August 5, 2021, the 

15 agency shall, at a public meeting held not ear16 lier than 15 days after notice of the meeting 

17 has been given to the public, first appoint 6 

18 members as follows: 

19 (i) The agency shall appoint 2 mem20 bers on a random basis from the majority 

21 category of the approved selection pool (as 

22 described in section 2452(b)(1)(A)). 

23 (ii) The agency shall appoint 2 mem24 bers on a random basis from the minority 

25 category of the approved selection pool (as 

26 described in section 2452(b)(1)(B)). 


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1 (iii) The agency shall appoint 2 mem2 bers on a random basis from the inde3 pendent category of the approved selection 

4 pool (as described in section 

5 2452(b)(1)(C)). 

6 (B) Not later than August 15, 2021, the 

7 members appointed by the agency under sub8 paragraph (A) shall, at a public meeting held 

9 not earlier than 15 days after notice of the 

10 meeting has been given to the public, then ap11 point 9 members as follows: 

12 (i) The members shall appoint 3 mem13 bers from the majority category of the ap14 proved selection pool (as described in sec15 tion 2452(b)(1)(A)). 

16 (ii) The members shall appoint 3 

17 members from the minority category of the 

18 approved selection pool (as described in 

19 section 2452(b)(1)(B)). 

20 (iii) The members shall appoint 3 

21 members from the independent category of 

22 the approved selection pool (as described in 

23 section 2452(b)(1)(C)). 

24 (2) RULES FOR APPOINTMENT OF MEMBERS

25 APPOINTED BY FIRST MEMBERS.— 


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1 (A) AFFIRMATIVE VOTE OF AT LEAST 4

2 MEMBERS.—The appointment of any of the 9 

3 members of the independent redistricting com4 mission who are appointed by the first members 

5 of the commission pursuant to subparagraph 

6 (B) of paragraph (1) shall require the affirma7 tive vote of at least 4 of the members appointed 

8 by the nonpartisan agency under subparagraph 

9 (A) of paragraph (1), including at least one 

10 member from each of the categories referred to 

11 in such subparagraph. 

12 (B) ENSURING DIVERSITY.—In appointing 

13 the 9 members pursuant to subparagraph (B) 

14 of paragraph (1), the first members of the inde15 pendent redistricting commission shall ensure 

16 that the membership is representative of the de17 mographic groups (including racial, ethnic, eco18 nomic, and gender) and geographic regions of 

19 the State, and provides racial, ethnic, and lan20 guage minorities protected under the Voting 

21 Rights Act of 1965 with a meaningful oppor22 tunity to participate in the development of the 

23 State’s redistricting plan. 

24 (3) REMOVAL.—A member of the independent 

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1 jority vote of the remaining members of the commis2 sion if it is shown by a preponderance of the evi3 dence that the member is not eligible to serve on the 

4 commission under section 2452(a). 

5 (b) PROCEDURES FOR CONDUCTING COMMISSION

6 BUSINESS.— 

7 (1) REQUIRING MAJORITY APPROVAL FOR AC8 TIONS.—The independent redistricting commission 

9 of a State under this part may not publish and dis10 seminate any draft or final redistricting plan, or 

11 take any other action, without the approval of at 

12 least— 

13 (A) a majority of the whole membership of 

14 the commission; and 

15 (B) at least one member of the commission 

16 appointed from each of the categories of the ap17 proved selection pool described in section 

18 2452(b)(1). 

19 (2) QUORUM.—A majority of the members of 

20 the commission shall constitute a quorum. 

21 (c) STAFF; CONTRACTORS.— 

22 (1) STAFF.—Under a public application process 

23 in which all application materials are available for 

24 public inspection, the independent redistricting com25 mission of a State under this part shall appoint and 


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1 set the pay of technical experts, legal counsel, con2 sultants, and such other staff as it considers appro3 priate, subject to State law. 

4 (2) CONTRACTORS.—The independent redis5 tricting commission of a State may enter into such 

6 contracts with vendors as it considers appropriate, 

7 subject to State law, except that any such contract 

8 shall be valid only if approved by the vote of a ma9 jority of the members of the commission, including 

10 at least one member appointed from each of the cat11 egories of the approved selection pool described in 

12 section 2452(b)(1). 

13 (3) GOAL OF IMPARTIALITY.—The commission 

14 shall take such steps as it considers appropriate to 

15 ensure that any staff appointed under this sub16 section, and any vendor with whom the commission 

17 enters into a contract under this subsection, will 

18 work in an impartial manner. 

19 (d) PRESERVATION OF RECORDS.—The State shall 

20 ensure that the records of the independent redistricting 

21 commission are retained in the appropriate State archive 

22 in such manner as may be necessary to enable the State 

23 to respond to any civil action brought with respect to con24 gressional redistricting in the State. 


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1 SEC. 2452. ESTABLISHMENT OF SELECTION POOL OF INDI2 VIDUALS ELIGIBLE TO SERVE AS MEMBERS 

3 OF COMMISSION. 

4 (a) CRITERIA FOR ELIGIBILITY.— 

5 (1) IN GENERAL.—An individual is eligible to 

6 serve as a member of an independent redistricting 

7 commission under this part if the individual meets 

8 each of the following criteria: 

9 (A) As of the date of appointment, the in10 dividual is registered to vote in elections for 

11 Federal office held in the State. 

12 (B) During the 3-year period ending on 

13 the date of the individual’s appointment, the in14 dividual has been continuously registered to 

15 vote with the same political party, or has not 

16 been registered to vote with any political party. 

17 (C) The individual submits to the non18 partisan agency established or designated by a 

19 State under section 2453, at such time and in 

20 such form as the agency may require, an appli21 cation for inclusion in the selection pool under 

22 this section, and includes with the application a 

23 written statement, with an attestation under 

24 penalty of perjury, containing the following in25 formation and assurances: 


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1 (i) The full current name and any 

2 former names of, and the contact informa3 tion for, the individual, including an elec4 tronic mail address, the address of the in5 dividual’s residence, mailing address, and 

6 telephone numbers. 

7 (ii) The individual’s race, ethnicity, 

8 gender, age, date of birth, and household 

9 income for the most recent taxable year. 

10 (iii) The political party with which the 

11 individual is affiliated, if any. 

12 (iv) The reason or reasons the indi13 vidual desires to serve on the independent 

14 redistricting commission, the individual’s 

15 qualifications, and information relevant to 

16 the ability of the individual to be fair and 

17 impartial, including, but not limited to— 

18 (I) any involvement with, or fi19 nancial support of, professional, so20 cial, political, religious, or community 

21 organizations or causes; 

22 (II) the individual’s employment 

23 and educational history. 

24 (v) An assurance that the individual 

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1 ual’s duties under this subtitle in an hon2 est, independent, and impartial fashion, 

3 and to upholding public confidence in the 

4 integrity of the redistricting process. 

5 (vi) An assurance that, during such 

6 covered period as the State may establish 

7 with respect to any of the subparagraphs 

8 of paragraph (2), the individual has not 

9 taken and will not take any action which 

10 would disqualify the individual from serv11 ing as a member of the commission under 

12 such paragraph. 

13 (2) DISQUALIFICATIONS.—An individual is not 

14 eligible to serve as a member of the commission if 

15 any of the following applies with respect to such cov16 ered period as the State may establish: 

17 (A) The individual or an immediate family 

18 member of the individual holds public office or 

19 is a candidate for election for public office. 

20 (B) The individual or an immediate family 

21 member of the individual serves as an officer of 

22 a political party or as an officer, employee, or 

23 paid consultant of a campaign committee of a 

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1 tion committee (as determined in accordance 

2 with the law of the State). 

3 (C) The individual or an immediate family 

4 member of the individual holds a position as a 

5 registered lobbyist under the Lobbying Disclo6 sure Act of 1995 (2 U.S.C. 1601 et seq.) or an 

7 equivalent State or local law. 

8 (D) The individual or an immediate family 

9 member of the individual is an employee of an 

10 elected public official, a contractor with the gov11 ernment of the State, or a donor to the cam12 paign of any candidate for public office or to 

13 any political action committee (other than a 

14 donor who, during any of such covered periods, 

15 gives an aggregate amount of $1,000 or less to 

16 the campaigns of all candidates for all public 

17 offices and to all political action committees). 

18 (E) The individual paid a civil money pen19 alty or criminal fine, or was sentenced to a 

20 term of imprisonment, for violating any provi21 sion of the Federal Election Campaign Act of 

22 1971 (52 U.S.C. 30101 et seq.). 

23 (F) The individual or an immediate family 

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1 istration Act of 1938, as amended (22 U.S.C. 

2 611 et seq.). 

3 (3) IMMEDIATE FAMILY MEMBER DEFINED.—In 

4 this subsection, the term ‘‘immediate family mem5 ber’’ means, with respect to an individual, a father, 

6 stepfather, mother, stepmother, son, stepson, daugh7 ter, stepdaughter, brother, stepbrother, sister, step8 sister, husband, wife, father-in-law, or mother-in9 law. 

10 (b) DEVELOPMENT AND SUBMISSION OF SELECTION

11 POOL.— 

12 (1) IN GENERAL.—Not later than July 15, 

13 2021, the nonpartisan agency established or des14 ignated by a State under section 2454(a) shall de15 velop and submit to the Select Committee on Redis16 tricting for the State established under section 

17 2454(b) a selection pool of 36 individuals who are 

18 eligible to serve as members of the independent re19 districting commission of the State under this part, 

20 consisting of individuals in the following categories: 

21 (A) A majority category, consisting of 12 

22 individuals who are affiliated with the political 

23 party whose candidate received the most votes 

24 in the most recent Statewide election for Fed25 eral office held in the State. 


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1 (B) A minority category, consisting of 12 

2 individuals who are affiliated with the political 

3 party whose candidate received the second most 

4 votes in the most recent Statewide election for 

5 Federal office held in the State. 

6 (C) An independent category, consisting of 

7 12 individuals who are not affiliated with either 

8 of the political parties described in subpara9 graph (A) or subparagraph (B). 

10 (2) FACTORS TAKEN INTO ACCOUNT IN DEVEL11 OPING POOL.—In selecting individuals for the selec12 tion pool under this subsection, the nonpartisan 

13 agency shall— 

14 (A) ensure that the pool is representative 

15 of the demographic groups (including racial, 

16 ethnic, economic, and gender) and geographic 

17 regions of the State, and includes applicants 

18 who would allow racial, ethnic, and language 

19 minorities protected under the Voting Rights 

20 Act of 1965 a meaningful opportunity to par21 ticipate in the development of the State’s redis22 tricting plan; and 

23 (B) take into consideration the analytical 

24 skills of the individuals selected in relevant 

25 fields (including mapping, data management, 


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1 law, community outreach, demography, and the 

2 geography of the State) and their ability to 

3 work on an impartial basis. 

4 (3) DETERMINATION OF POLITICAL PARTY AF5 FILIATION OF INDIVIDUALS IN SELECTION POOL.— 

6 For purposes of this section, an individual shall be 

7 considered to be affiliated with a political party only 

8 if the nonpartisan agency is able to verify (to the 

9 greatest extent possible) the information the indi10 vidual provides in the application submitted under 

11 subsection (a)(1)(C), including by considering addi12 tional information provided by other persons with 

13 knowledge of the individual’s history of political ac14 tivity. 

15 (4) ENCOURAGING RESIDENTS TO APPLY FOR

16 INCLUSION IN POOL.—The nonpartisan agency shall 

17 take such steps as may be necessary to ensure that 

18 residents of the State across various geographic re19 gions and demographic groups are aware of the op20 portunity to serve on the independent redistricting 

21 commission, including publicizing the role of the 

22 panel and using newspapers, broadcast media, and 

23 online sources, including ethnic media, to encourage 

24 individuals to apply for inclusion in the selection 

25 pool developed under this subsection. 


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1 (5) REPORT ON ESTABLISHMENT OF SELEC2 TION POOL.—At the time the nonpartisan agency 

3 submits the selection pool to the Select Committee 

4 on Redistricting under paragraph (1), it shall pub5 lish a report describing the process by which the 

6 pool was developed, and shall include in the report 

7 a description of how the individuals in the pool meet 

8 the eligibility criteria of subsection (a) and of how 

9 the pool reflects the factors the agency is required 

10 to take into consideration under paragraph (2). 

11 (6) PUBLIC COMMENT ON SELECTION POOL.— 

12 During the 14-day period which begins on the date 

13 the nonpartisan agency publishes the report under 

14 paragraph (5), the agency shall accept comments 

15 from the public on the individuals included in the se16 lection pool. The agency shall transmit all such com17 ments to the Select Committee on Redistricting im18 mediately upon the expiration of such period. 

19 (7) ACTION BY SELECT COMMITTEE.— 

20 (A) IN GENERAL.—Not later than August 

21 1, 2021, the Select Committee on Redistricting 

22 shall— 

23 (i) approve the pool as submitted by 

24 the nonpartisan agency, in which case the 

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1 tion pool for purposes of section 

2 2451(a)(1); or 

3 (ii) reject the pool, in which case the 

4 redistricting plan for the State shall be de5 veloped and enacted in accordance with 

6 part 3. 

7 (B) INACTION DEEMED REJECTION.—If 

8 the Select Committee on Redistricting fails to 

9 approve or reject the pool within the deadline 

10 set forth in subparagraph (A), the Select Com11 mittee shall be deemed to have rejected the pool 

12 for purposes of such subparagraph. 

13 SEC. 2453. CRITERIA FOR REDISTRICTING PLAN; PUBLIC 

14 NOTICE AND INPUT. 

15 (a) PUBLIC NOTICE AND INPUT.— 

16 (1) USE OF OPEN AND TRANSPARENT PROC17 ESS.—The independent redistricting commission of a 

18 State under this part shall hold each of its meetings 

19 in public, shall solicit and take into consideration 

20 comments from the public, including proposed maps, 

21 throughout the process of developing the redis22 tricting plan for the State, and shall carry out its 

23 duties in an open and transparent manner which 

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1 ably possible of its proposed and final redistricting 

2 plans. 

3 (2) PUBLIC COMMENT PERIOD.—The commis4 sion shall solicit, accept, and consider comments 

5 from the public with respect to its duties, activities, 

6 and procedures at any time until 7 days before the 

7 date of the meeting at which the commission shall 

8 vote on approving the final redistricting plan for en9 actment into law under subsection (c)(2). 

10 (3) MEETINGS AND HEARINGS IN VARIOUS GEO11 GRAPHIC LOCATIONS.—To the greatest extent prac12 ticable, the commission shall hold its meetings and 

13 hearings in various geographic regions and locations 

14 throughout the State. 

15 (4) MULTIPLE LANGUAGE REQUIREMENTS FOR

16 ALL NOTICES.—The commission shall make each no17 tice which is required to be published under this sec18 tion available in any language in which the State (or 

19 any jurisdiction in the State) is required to provide 

20 election materials under section 203 of the Voting 

21 Rights Act of 1965. 

22 (b) DEVELOPMENT AND PUBLICATION OF PRELIMI23 NARY REDISTRICTING PLAN.— 

24 (1) IN GENERAL.—Prior to developing and pub25 lishing a final redistricting plan under subsection 


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1 (c), the independent redistricting commission of a 

2 State under this part shall develop and publish a 

3 preliminary redistricting plan. 

4 (2) MINIMUM PUBLIC HEARINGS AND OPPOR5 TUNITY FOR COMMENT PRIOR TO DEVELOPMENT.— 

6 (A) 2 HEARINGS REQUIRED.—Prior to de7 veloping a preliminary redistricting plan under 

8 this subsection, the commission shall hold not 

9 fewer than 2 public hearings at which members 

10 of the public may provide input and comments 

11 regarding the potential contents of redistricting 

12 plans for the State and the process by which 

13 the commission will develop the preliminary 

14 plan under this subsection. 

15 (B) NOTICE PRIOR TO HEARINGS.—The 

16 commission shall provide for the publication of 

17 notices of each hearing held under this para18 graph, including in newspapers of general cir19 culation throughout the State. Each such notice 

20 shall specify the date, time, and location of the 

21 hearing. 

22 (C) SUBMISSION OF PLANS AND MAPS BY

23 MEMBERS OF THE PUBLIC.—Any member of 

24 the public may submit maps or portions of 

25 maps for consideration by the commission. 


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1 (3) PUBLICATION OF PRELIMINARY PLAN.—The 

2 commission shall provide for the publication of the 

3 preliminary redistricting plan developed under this 

4 subsection, including in newspapers of general cir5 culation throughout the State, and shall make pub6 licly available a report that includes the commis7 sion’s responses to any public comments received 

8 under this subsection. 

9 (4) PUBLIC COMMENT AFTER PUBLICATION.— 

10 The commission shall accept and consider comments 

11 from the public with respect to the preliminary re12 districting plan published under paragraph (3), in13 cluding proposed revisions to maps, until 14 days 

14 before the date of the meeting under subsection 

15 (c)(2) at which the members of the commission shall 

16 vote on approving the final redistricting plan for en17 actment into law. 

18 (5) POST-PUBLICATION HEARINGS.— 

19 (A) 2 HEARINGS REQUIRED.—After pub20 lishing the preliminary redistricting plan under 

21 paragraph (3), and not later than 14 days be22 fore the date of the meeting under subsection 

23 (c)(2) at which the members of the commission 

24 shall vote on approving the final redistricting 

25 plan for enactment into law, the commission 


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1 shall hold not fewer than 2 public hearings in 

2 different geographic areas of the State at which 

3 members of the public may provide input and 

4 comments regarding the preliminary plan. 

5 (B) NOTICE PRIOR TO HEARINGS.—The 

6 commission shall provide for the publication of 

7 notices of each hearing held under this para8 graph, including in newspapers of general cir9 culation throughout the State. Each such notice 

10 shall specify the date, time, and location of the 

11 hearing. 

12 (6) PERMITTING MULTIPLE PRELIMINARY

13 PLANS.—At the option of the commission, after de14 veloping and publishing the preliminary redistricting 

15 plan under this subsection, the commission may de16 velop and publish subsequent preliminary redis17 tricting plans, so long as the process for the develop18 ment and publication of each such subsequent plan 

19 meets the requirements set forth in this subsection 

20 for the development and publication of the first pre21 liminary redistricting plan. 

22 (c) PROCESS FOR ENACTMENT OF FINAL REDIS23 TRICTING PLAN.— 

24 (1) IN GENERAL.—After taking into consider25 ation comments from the public on any preliminary 


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1 redistricting plan developed and published under 

2 subsection (b), the independent redistricting commis3 sion of a State under this part shall develop and 

4 publish a final redistricting plan for the State. 

5 (2) MEETING; FINAL VOTE.—Not later than the 

6 deadline specified in subsection (e), the commission 

7 shall hold a public hearing at which the members of 

8 the commission shall vote on approving the final 

9 plan for enactment into law. 

10 (3) PUBLICATION OF PLAN AND ACCOMPANYING

11 MATERIALS.—Not fewer than 14 days before the 

12 date of the meeting under paragraph (2), the com13 mission shall make the following information to the 

14 public, including through newspapers of general cir15 culation throughout the State: 

16 (A) The final redistricting plan, including 

17 all relevant maps. 

18 (B) A report by the commission to accom19 pany the plan which provides the background 

20 for the plan and the commission’s reasons for 

21 selecting the plan as the final redistricting plan, 

22 including responses to the public comments re23 ceived on any preliminary redistricting plan de24 veloped and published under subsection (b). 


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1 (C) Any dissenting or additional views with 

2 respect to the plan of individual members of the 

3 commission. 

4 (4) ENACTMENT.—The final redistricting plan 

5 developed and published under this subsection shall 

6 be deemed to be enacted into law upon the expira7 tion of the 45-day period which begins on the date 

8 on which— 

9 (A) such final plan is approved by a major10 ity of the whole membership of the commission; 

11 and 

12 (B) at least one member of the commission 

13 appointed from each of the categories of the ap14 proved selection pool described in section 

15 2452(b)(1) approves such final plan. 

16 (d) WRITTEN EVALUATION OF PLAN AGAINST EX17 TERNAL METRICS.—The independent redistricting com18 mission of a State under this part shall include with each 

19 redistricting plan developed and published under this sec20 tion a written evaluation that measures each such plan 

21 against external metrics which cover the criteria set forth 

22 section 2403(a), including the impact of the plan on the 

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1 cepted methodologies, and the degree to which the plan 

2 preserves or divides communities of interest. 

3 (e) DEADLINE.—The independent redistricting com4 mission of a State under this part shall approve a final 

5 redistricting plan for the State not later than November 

6 15, 2021. 

7 SEC. 2454. ESTABLISHMENT OF RELATED ENTITIES. 

8 (a) ESTABLISHMENT OR DESIGNATION OF NON9 PARTISAN AGENCY OF STATE LEGISLATURE.— 

10 (1) IN GENERAL.—Each State shall establish a 

11 nonpartisan agency in the legislative branch of the 

12 State government to appoint the members of the 

13 independent redistricting commission for the State 

14 under this part in accordance with section 2451. 

15 (2) NONPARTISANSHIP DESCRIBED.—For pur16 poses of this subsection, an agency shall be consid17 ered to be nonpartisan if under law the agency— 

18 (A) is required to provide services on a 

19 nonpartisan basis; 

20 (B) is required to maintain impartiality; 

21 and 

22 (C) is prohibited from advocating for the 

23 adoption or rejection of any legislative proposal. 

24 (3) DESIGNATION OF EXISTING AGENCY.—At 

25 its option, a State may designate an existing agency 


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1 in the legislative branch of its government to appoint 

2 the members of the independent redistricting com3 mission plan for the State under this subtitle, so 

4 long as the agency meets the requirements for non5 partisanship under this subsection. 

6 (4) TERMINATION OF AGENCY SPECIFICALLY

7 ESTABLISHED FOR REDISTRICTING.—If a State does 

8 not designate an existing agency under paragraph 

9 (3) but instead establishes a new agency to serve as 

10 the nonpartisan agency under this section, the new 

11 agency shall terminate upon the enactment into law 

12 of the redistricting plan for the State. 

13 (5) PRESERVATION OF RECORDS.—The State 

14 shall ensure that the records of the nonpartisan 

15 agency are retained in the appropriate State archive 

16 in such manner as may be necessary to enable the 

17 State to respond to any civil action brought with re18 spect to congressional redistricting in the State. 

19 (6) DEADLINE.—The State shall meet the re20 quirements of this subsection not later than June 1, 

21 2021. 

22 (b) ESTABLISHMENT OF SELECT COMMITTEE ON RE23 DISTRICTING.— 

24 (1) IN GENERAL.—Each State shall appoint a 

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1 approve a selection pool developed by the inde2 pendent redistricting commission for the State under 

3 this part under section 2452. 

4 (2) APPOINTMENT.—The Select Committee on 

5 Redistricting for a State under this subsection shall 

6 consist of the following members: 

7 (A) One member of the upper house of the 

8 State legislature, who shall be appointed by the 

9 leader of the party with the greatest number of 

10 seats in the upper house. 

11 (B) One member of the upper house of the 

12 State legislature, who shall be appointed by the 

13 leader of the party with the second greatest 

14 number of seats in the upper house. 

15 (C) One member of the lower house of the 

16 State legislature, who shall be appointed by the 

17 leader of the party with the greatest number of 

18 seats in the lower house. 

19 (D) One member of the lower house of the 

20 State legislature, who shall be appointed by the 

21 leader of the party with the second greatest 

22 number of seats in the lower house. 

23 (3) SPECIAL RULE FOR STATES WITH UNICAM24 ERAL LEGISLATURE.—In the case of a State with a 

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1 districting for the State under this subsection shall 

2 consist of the following members: 

3 (A) Two members of the State legislature 

4 appointed by the chair of the political party of 

5 the State whose candidate received the highest 

6 percentage of votes in the most recent State7 wide election for Federal office held in the 

8 State. 

9 (B) Two members of the State legislature 

10 appointed by the chair of the political party 

11 whose candidate received the second highest 

12 percentage of votes in the most recent State13 wide election for Federal office held in the 

14 State. 

15 (4) DEADLINE.—The State shall meet the re16 quirements of this subsection not later than June 

17 15, 2021. 

18 (5) RULE OF CONSTRUCTION.—Nothing in this 

19 subsection may be construed to prohibit the leader 

20 of any political party in a legislature from appoint21 ment to the Select Committee on Redistricting. 


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1 SEC. 2455. REPORT ON DIVERSITY OF MEMBERSHIPS OF 

2 INDEPENDENT REDISTRICTING COMMIS3 SIONS. 

4 Not later than November 15, 2021, the Comptroller 

5 General of the United States shall submit to Congress a 

6 report on the extent to which the memberships of inde7 pendent redistricting commissions for States established 

8 under this part with respect to the immediately preceding 

9 year ending in the numeral zero meet the diversity require10 ments as provided for in sections 2451(a)(2)(B) and 

11 2452(b)(2). 

12 Subtitle F—Saving Eligible Voters 

13 From Voter Purging 

14 SEC. 2501. SHORT TITLE. 

15 This subtitle may be cited as the ‘‘Stop Automatically 

16 Voiding Eligible Voters Off Their Enlisted Rolls in States 

17 Act’’ or the ‘‘SAVE VOTERS Act’’. 

18 SEC. 2502. CONDITIONS FOR REMOVAL OF VOTERS FROM 

19 LIST OF REGISTERED VOTERS. 

20 (a) CONDITIONS DESCRIBED.—The National Voter 

21 Registration Act of 1993 (52 U.S.C. 20501 et seq.) is 

22 amended by inserting after section 8 the following new 

23 section: 


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1 ‘‘SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM 

2 OFFICIAL LIST OF REGISTERED VOTERS. 

3 ‘‘(a) VERIFICATION ON BASIS OF OBJECTIVE AND

4 RELIABLE EVIDENCE OF INELIGIBILITY.— 

5 ‘‘(1) REQUIRING VERIFICATION.—Notwith6 standing any other provision of this Act, a State 

7 may not remove the name of any registrant from the 

8 official list of voters eligible to vote in elections for 

9 Federal office in the State unless the State verifies, 

10 on the basis of objective and reliable evidence, that 

11 the registrant is ineligible to vote in such elections. 

12 ‘‘(2) FACTORS NOT CONSIDERED AS OBJECTIVE

13 AND RELIABLE EVIDENCE OF INELIGIBILITY.—For 

14 purposes of paragraph (1), the following factors, or 

15 any combination thereof, shall not be treated as ob16 jective and reliable evidence of a registrant’s ineligi17 bility to vote: 

18 ‘‘(A) The failure of the registrant to vote 

19 in any election. 

20 ‘‘(B) The failure of the registrant to re21 spond to any notice sent under section 8(d), un22 less the notice has been returned as undeliver23 able. 

24 ‘‘(C) The failure of the registrant to take 

25 any other action with respect to voting in any 


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1 election or with respect to the registrant’s sta2 tus as a registrant. 

3 ‘‘(b) NOTICE AFTER REMOVAL.— 

4 ‘‘(1) NOTICE TO INDIVIDUAL REMOVED.— 

5 ‘‘(A) IN GENERAL.—Not later than 48 

6 hours after a State removes the name of a reg7 istrant from the official list of eligible voters for 

8 any reason (other than the death of the reg9 istrant), the State shall send notice of the re10 moval to the former registrant, and shall in11 clude in the notice the grounds for the removal 

12 and information on how the former registrant 

13 may contest the removal or be reinstated, in14 cluding a telephone number for the appropriate 

15 election official. 

16 ‘‘(B) EXCEPTIONS.—Subparagraph (A) 

17 does not apply in the case of a registrant— 

18 ‘‘(i) who sends written confirmation to 

19 the State that the registrant is no longer 

20 eligible to vote in the registrar’s jurisdic21 tion in which the registrant was registered; 

22 or 

23 ‘‘(ii) who is removed from the official 

24 list of eligible voters by reason of the death 

25 of the registrant. 


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1 ‘‘(2) PUBLIC NOTICE.—Not later than 48 hours 

2 after conducting any general program to remove the 

3 names of ineligible voters from the official list of eli4 gible voters (as described in section 8(a)(4)), the 

5 State shall disseminate a public notice through such 

6 methods as may be reasonable to reach the general 

7 public (including by publishing the notice in a news8 paper of wide circulation or posting the notice on the 

9 websites of the appropriate election officials) that 

10 list maintenance is taking place and that registrants 

11 should check their registration status to ensure no 

12 errors or mistakes have been made. The State shall 

13 ensure that the public notice disseminated under this 

14 paragraph is in a format that is reasonably conven15 ient and accessible to voters with disabilities, includ16 ing voters who have low vision or are blind.’’. 

17 (b) CONDITIONS FOR TRANSMISSION OF NOTICES OF

18 REMOVAL.—Section 8(d) of such Act (52 U.S.C. 

19 20507(d)) is amended by adding at the end the following 

20 new paragraph: 

21 ‘‘(4) A State may not transmit a notice to a 

22 registrant under this subsection unless the State ob23 tains objective and reliable evidence (in accordance 

24 with the standards for such evidence which are de25 scribed in section 8A(a)(2)) that the registrant has 


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1 changed residence to a place outside the registrar’s 

2 jurisdiction in which the registrant is registered.’’. 

3 (c) CONFORMING AMENDMENTS.— 

4 (1) NATIONAL VOTER REGISTRATION ACT OF

5 1993.—Section 8(a) of such Act (52 U.S.C. 

6 20507(a)) is amended— 

7 (A) in paragraph (3), by striking ‘‘pro8 vide’’ and inserting ‘‘subject to section 8A, pro9 vide’’; and 

10 (B) in paragraph (4), by striking ‘‘con11 duct’’ and inserting ‘‘subject to section 8A, con12 duct’’. 

13 (2) HELP AMERICA VOTE ACT OF 2002.—Section 

14 303(a)(4)(A) of the Help America Vote Act of 2002 

15 (52 U.S.C. 21083(a)(4)(A)) is amended by striking 

16 ‘‘, registrants’’ and inserting ‘‘, and subject to sec17 tion 8A of such Act, registrants’’. 

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

19 this section shall take effect on the date of the enactment 

20 of this Act. 


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1 Subtitle G—No Effect on Authority 

2 of States To Provide Greater 

3 Opportunities for Voting 

4 SEC. 2601. NO EFFECT ON AUTHORITY OF STATES TO PRO5 VIDE GREATER OPPORTUNITIES FOR VOT6 ING. 

7 Nothing in this title or the amendments made by this 

8 title may be construed to prohibit any State from enacting 

9 any law which provides greater opportunities for individ10 uals to register to vote and to vote in elections for Federal 

11 office than are provided by this title and the amendments 

12 made by this title. 

13 Subtitle H—Residence of 

14 Incarcerated Individuals 

15 SEC. 2701. RESIDENCE OF INCARCERATED INDIVIDUALS. 

16 Section 141 of title 13, United States Code, is 

17 amended— 

18 (1) by redesignating subsection (g) as sub19 section (h); and 

20 (2) by inserting after subsection (f) the fol21 lowing: 

22 ‘‘(g)(1) Effective beginning with the 2020 decennial 

23 census of population, in taking any tabulation of total pop24 ulation by States under subsection (a) for purposes of the 

25 apportionment of Representatives in Congress among the 


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1 several States, the Secretary shall, with respect to an indi2 vidual incarcerated in a State, Federal, county, or munic3 ipal correctional center as of the date on which such cen4 sus is taken, attribute such individual to such individual’s 

5 last place of residence before incarceration. 

6 ‘‘(2) In carrying out this subsection, the Secretary 

7 shall consult with each State department of corrections to 

8 collect the information necessary to make the determina9 tion required under paragraph (1).’’. 

10 Subtitle I—Findings Relating to 

11 Youth Voting 

12 SEC. 2801. FINDINGS RELATING TO YOUTH VOTING. 

13 Congress finds the following: 

14 (1) The right to vote is a fundamental right of 

15 citizens of the United States. 

16 (2) The twenty-sixth amendment of the United 

17 States Constitution guarantees that ‘‘The right of 

18 citizens of the United States, who are eighteen years 

19 of age or older, to vote shall not be denied or 

20 abridged by the United States or by any State on 

21 account of age.’’. 

22 (3) The twenty-sixth amendment of the United 

23 States Constitution grants Congress the power to 

24 enforce the amendment by appropriate legislation. 


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1 (4) The language of the twenty-sixth amend2 ment closely mirrors that of the fifteenth amend3 ment and the nineteenth amendment. Like those 

4 amendments, the twenty-sixth amendment not only 

5 prohibits denial of the right to vote but also pro6 hibits any actions that abridge the right to vote. 

7 (5) Youth voter suppression undercuts partici8 pation in our democracy by introducing arduous ob9 stacles to new voters and discouraging a culture of 

10 democratic engagement. 

11 (6) Voting is habit forming, and allowing youth 

12 voters unobstructed access to voting ensures that 

13 more Americans will start a life-long habit of voting 

14 as soon as possible. 

15 (7) Youth voter suppression is a clear, per16 sistent, and growing problem. The actions of States 

17 and political subdivisions resulting in at least four 

18 findings of twenty-sixth amendment violations as 

19 well as pending litigation demonstrate the need for 

20 Congress to take action to enforce the twenty-sixth 

21 amendment. 

22 (8) In League of Women Voters of Florida, Inc. 

23 v. Detzner (2018), the United States District Court 

24 in the Northern District of Florida found that the 

25 Secretary of State’s actions that prevented in-person 


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1 early voting sites from being located on university 

2 property revealed a stark pattern of discrimination 

3 that was unexplainable on grounds other than age 

4 and thus violated university students’ twenty-sixth 

5 Amendment rights. 

6 (9) In 2019, Michigan agreed to a settlement to 

7 enhance college-age voters’ access after a twenty8 sixth amendment challenge was filed in federal 

9 court. The challenge prompted the removal of a 

10 Michigan voting law which required first time voters 

11 who registered by mail or through a third-party 

12 voter registration drive to vote in person for the first 

13 time, as well as the removal of another law which re14 quired the address listed on a voter’s driver license 

15 to match the address listed on their voter registra16 tion card. 

17 (10) Youth voter suppression tactics are often 

18 linked to other tactics aimed at minority voters. For 

19 example, students at Prairie View A&M University 

20 (PVAMU), a historically black university in Texas, 

21 have been the targets of voter suppression tactics for 

22 decades. Before the 2018 election, PVAMU students 

23 sued Waller County on the basis of both racial and 

24 age discrimination over the County’s failure to en25 sure equal early voting opportunities for students, 


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1 spurring the County to reverse course and expand 

2 early voting access for students. 

3 (11) The more than 25 million United States 

4 citizens ages 18-24 deserve equal opportunity to par5 ticipate in the electoral process as guaranteed by the 

6 twenty-sixth amendment. 

7 Subtitle J—Severability 

8 SEC. 2901. SEVERABILITY. 

9 If any provision of this title or amendment made by 

10 this title, or the application of a provision or amendment 

11 to any person or circumstance, is held to be unconstitu12 tional, the remainder of this title and amendments made 

13 by this title, and the application of the provisions and 

14 amendment to any person or circumstance, shall not be 

15 affected by the holding. 

16 TITLE III—ELECTION SECURITY 

Sec. 3000. Short title; sense of Congress. 

Subtitle A—Financial Support for Election Infrastructure 

PART 1—VOTING SYSTEM SECURITY IMPROVEMENT GRANTS

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

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

under Help America Vote Act of 2002. 

Sec. 3003. Incorporation of definitions. 

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

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

elections. 

Sec. 3012. GAO analysis of effects of audits. 

PART 3—ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM

Sec. 3021. Election infrastructure innovation grant program. 


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Subtitle B—Security Measures 

Sec. 3101. Election infrastructure designation. 

Sec. 3102. Timely threat information. 

Sec. 3103. Security clearance assistance for election officials. 

Sec. 3104. Security risk and vulnerability assessments. 

Sec. 3105. Annual reports. 

Sec. 3106. Pre-election threat assessments. 

Subtitle C—Enhancing Protections for United States Democratic Institutions 

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

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

Subtitle D—Promoting Cybersecurity Through Improvements in Election 

Administration 

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

cybersecurity guidelines and other guidelines. 

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

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

Sec. 3304. Streamlining collection of election information. 

Sec. 3305. Exemption of cybersecurity assistance from limitations on amount of 

coordinated political party expenditures. 

Subtitle E—Preventing Election Hacking 

Sec. 3401. Short title. 

Sec. 3402. Election Security Bug Bounty Program. 

Subtitle F—Election Security Grants Advisory Committee 

Sec. 3501. Establishment of advisory committee. 

Subtitle G—Miscellaneous Provisions 

Sec. 3601. Definitions. 

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

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

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

Subtitle I—Study and Report on Bots 

Sec. 3801. Short title. 

Sec. 3802. Task Force. 

Sec. 3803. Study and Report. 

Subtitle J—Severability 

Sec. 3901. Severability. 

1 SEC. 3000. SHORT TITLE; SENSE OF CONGRESS. 

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

3 ‘‘Election Security Act’’. 


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1 (b) SENSE OF CONGRESS ON NEED TO IMPROVE

2 ELECTION INFRASTRUCTURE SECURITY.—It is the sense 

3 of Congress that, in light of the lessons learned from Rus4 sian interference in the 2016 Presidential election, the 

5 Federal Government should intensify its efforts to improve 

6 the security of election infrastructure in the United States, 

7 including through the use of individual, durable, paper 

8 ballots marked by the voter by hand. 

9 Subtitle A—Financial Support for 

10 Election Infrastructure 

11 PART 1—VOTING SYSTEM SECURITY 

12 IMPROVEMENT GRANTS 

13 SEC. 3001. GRANTS FOR OBTAINING COMPLIANT PAPER 

14 BALLOT VOTING SYSTEMS AND CARRYING 

15 OUT VOTING SYSTEM SECURITY IMPROVE16 MENTS. 

17 (a) AVAILABILITY OF GRANTS.—Subtitle D of title 

18 II of the Help America Vote Act of 2002 (52 U.S.C. 

19 21001 et seq.), as amended by section 1622(b), is amend20 ed by adding at the end the following new part: 


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1 ‘‘PART 8—GRANTS FOR OBTAINING COMPLIANT 

2 PAPER BALLOT VOTING SYSTEMS AND CAR3 RYING OUT VOTING SYSTEM SECURITY IM4 PROVEMENTS 

5 ‘‘SEC. 298. GRANTS FOR OBTAINING COMPLIANT PAPER 

6 BALLOT VOTING SYSTEMS AND CARRYING 

7 OUT VOTING SYSTEM SECURITY IMPROVE8 MENTS. 

9 ‘‘(a) AVAILABILITY AND USE OF GRANT.—The Com10 mission shall make a grant to each eligible State— 

11 ‘‘(1) to replace a voting system— 

12 ‘‘(A) which does not meet the requirements 

13 which are first imposed on the State pursuant 

14 to the amendments made by the Voter Con15 fidence and Increased Accessibility Act of 2021 

16 with a voting system which does meet such re17 quirements, for use in the regularly scheduled 

18 general elections for Federal office held in No19 vember 2022; or 

20 ‘‘(B) which does meet such requirements 

21 but which is not in compliance with the most 

22 recent voluntary voting system guidelines issued 

23 by the Commission prior to the regularly sched24 uled general election for Federal office held in 

25 November 2022 with another system which does 


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1 meet such requirements and is in compliance 

2 with such guidelines; 

3 ‘‘(2) to carry out voting system security im4 provements described in section 298A with respect 

5 to the regularly scheduled general elections for Fed6 eral office held in November 2022 and each suc7 ceeding election for Federal office; and 

8 ‘‘(3) to implement and model best practices for 

9 ballot design, ballot instructions, and the testing of 

10 ballots. 

11 ‘‘(b) AMOUNT OF GRANT.—The amount of a grant 

12 made to a State under this section shall be such amount 

13 as the Commission determines to be appropriate, except 

14 that such amount may not be less than the product of 

15 $1 and the average of the number of individuals who cast 

16 votes in any of the two most recent regularly scheduled 

17 general elections for Federal office held in the State. 

18 ‘‘(c) PRO RATA REDUCTIONS.—If the amount of 

19 funds appropriated for grants under this part is insuffi20 cient to ensure that each State receives the amount of the 

21 grant calculated under subsection (b), the Commission 

22 shall make such pro rata reductions in such amounts as 

23 may be necessary to ensure that the entire amount appro24 priated under this part is distributed to the States. 


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1 ‘‘(d) SURPLUS APPROPRIATIONS.—If the amount of 

2 funds appropriated for grants authorized under section 

3 298D(a)(2) exceed the amount necessary to meet the re4 quirements of subsection (b), the Commission shall con5 sider the following in making a determination to award 

6 remaining funds to a State: 

7 ‘‘(1) The record of the State in carrying out the 

8 following with respect to the administration of elec9 tions for Federal office: 

10 ‘‘(A) Providing voting machines that are 

11 less than 10 years old. 

12 ‘‘(B) Implementing strong chain of custody 

13 procedures for the physical security of voting 

14 equipment and paper records at all stages of 

15 the process. 

16 ‘‘(C) Conducting pre-election testing on 

17 every voting machine and ensuring that paper 

18 ballots are available wherever electronic ma19 chines are used. 

20 ‘‘(D) Maintaining offline backups of voter 

21 registration lists. 

22 ‘‘(E) Providing a secure voter registration 

23 database that logs requests submitted to the 

24 database. 


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1 ‘‘(F) Publishing and enforcing a policy de2 tailing use limitations and security safeguards 

3 to protect the personal information of voters in 

4 the voter registration process. 

5 ‘‘(G) Providing secure processes and proce6 dures for reporting vote tallies. 

7 ‘‘(H) Providing a secure platform for dis8 seminating vote totals. 

9 ‘‘(2) Evidence of established conditions of inno10 vation and reform in providing voting system secu11 rity and the proposed plan of the State for imple12 menting additional conditions. 

13 ‘‘(3) Evidence of collaboration between relevant 

14 stakeholders, including local election officials, in de15 veloping the grant implementation plan described in 

16 section 298B. 

17 ‘‘(4) The plan of the State to conduct a rig18 orous evaluation of the effectiveness of the activities 

19 carried out with the grant. 

20 ‘‘(e) ABILITY OF REPLACEMENT SYSTEMS TO AD21 MINISTER RANKED CHOICE ELECTIONS.—To the greatest 

22 extent practicable, an eligible State which receives a grant 

23 to replace a voting system under this section shall ensure 

24 that the replacement system is capable of administering 

25 a system of ranked choice voting under which each voter 


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1 shall rank the candidates for the office in the order of 

2 the voter’s preference. 

3 ‘‘SEC. 298A. VOTING SYSTEM SECURITY IMPROVEMENTS 

4 DESCRIBED. 

5 ‘‘(a) PERMITTED USES.—A voting system security 

6 improvement described in this section is any of the fol7 lowing: 

8 ‘‘(1) The acquisition of goods and services from 

9 qualified election infrastructure vendors by purchase, 

10 lease, or such other arrangements as may be appro11 priate. 

12 ‘‘(2) Cyber and risk mitigation training. 

13 ‘‘(3) A security risk and vulnerability assess14 ment of the State’s election infrastructure which is 

15 carried out by a provider of cybersecurity services 

16 under a contract entered into between the chief 

17 State election official and the provider. 

18 ‘‘(4) The maintenance of election infrastruc19 ture, including addressing risks and vulnerabilities 

20 which are identified under either of the security risk 

21 and vulnerability assessments described in para22 graph (3), except that none of the funds provided 

23 under this part may be used to renovate or replace 

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1 poses other than the administration of elections for 

2 public office. 

3 ‘‘(5) Providing increased technical support for 

4 any information technology infrastructure that the 

5 chief State election official deems to be part of the 

6 State’s election infrastructure or designates as crit7 ical to the operation of the State’s election infra8 structure. 

9 ‘‘(6) Enhancing the cybersecurity and oper10 ations of the information technology infrastructure 

11 described in paragraph (4). 

12 ‘‘(7) Enhancing the cybersecurity of voter reg13 istration systems. 

14 ‘‘(b) QUALIFIED ELECTION INFRASTRUCTURE VEN15 DORS DESCRIBED.— 

16 ‘‘(1) IN GENERAL.—For purposes of this part, 

17 a ‘qualified election infrastructure vendor’ is any 

18 person who provides, supports, or maintains, or who 

19 seeks to provide, support, or maintain, election in20 frastructure on behalf of a State, unit of local gov21 ernment, or election agency (as defined in section 

22 3601 of the Election Security Act) who meets the 

23 criteria described in paragraph (2). 

24 ‘‘(2) CRITERIA.—The criteria described in this 

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1 ordination with the Secretary of Homeland Security, 

2 shall establish and publish, and shall include each of 

3 the following requirements: 

4 ‘‘(A) The vendor must be owned and con5 trolled by a citizen or permanent resident of the 

6 United States. 

7 ‘‘(B) The vendor must disclose to the 

8 Chairman and the Secretary, and to the chief 

9 State election official of any State to which the 

10 vendor provides any goods and services with 

11 funds provided under this part, of any sourcing 

12 outside the United States for parts of the elec13 tion infrastructure. 

14 ‘‘(C) The vendor must disclose to the 

15 Chairman and the Secretary, and to the chief 

16 State election official of any State to which the 

17 vendor provides any goods and services with 

18 funds provided under this part, the identifica19 tion of any entity or individual with a more 

20 than five percent ownership interest in the ven21 dor. 

22 ‘‘(D) The vendor agrees to ensure that the 

23 election infrastructure will be developed and 

24 maintained in a manner that is consistent with 


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1 the cybersecurity best practices issued by the 

2 Technical Guidelines Development Committee. 

3 ‘‘(E) The vendor agrees to maintain its in4 formation technology infrastructure in a man5 ner that is consistent with the cybersecurity 

6 best practices issued by the Technical Guide7 lines Development Committee. 

8 ‘‘(F) The vendor agrees to ensure that the 

9 election infrastructure will be developed and 

10 maintained in a manner that is consistent with 

11 the supply chain best practices issued by the 

12 Technical Guidelines Development Committee. 

13 ‘‘(G) The vendor agrees to ensure that it 

14 has personnel policies and practices in place 

15 that are consistent with personnel best prac16 tices, including cybersecurity training and back17 ground checks, issued by the Technical Guide18 lines Development Committee. 

19 ‘‘(H) The vendor agrees to ensure that the 

20 election infrastructure will be developed and 

21 maintained in a manner that is consistent with 

22 data integrity best practices, including require23 ments for encrypted transfers and validation, 

24 testing and checking printed materials for accu25 racy, and disclosure of quality control incidents, 


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1 issued by the Technical Guidelines Development 

2 Committee. 

3 ‘‘(I) The vendor agrees to meet the re4 quirements of paragraph (3) with respect to 

5 any known or suspected cybersecurity incidents 

6 involving any of the goods and services provided 

7 by the vendor pursuant to a grant under this 

8 part. 

9 ‘‘(J) The vendor agrees to permit inde10 pendent security testing by the Commission (in 

11 accordance with section 231(a)) and by the Sec12 retary of the goods and services provided by the 

13 vendor pursuant to a grant under this part. 

14 ‘‘(3) CYBERSECURITY INCIDENT REPORTING

15 REQUIREMENTS.— 

16 ‘‘(A) IN GENERAL.—A vendor meets the 

17 requirements of this paragraph if, upon becom18 ing aware of the possibility that an election cy19 bersecurity incident has occurred involving any 

20 of the goods and services provided by the ven21 dor pursuant to a grant under this part— 

22 ‘‘(i) the vendor promptly assesses 

23 whether or not such an incident occurred, 

24 and submits a notification meeting the re25 quirements of subparagraph (B) to the 


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1 Secretary and the Chairman of the assess2 ment as soon as practicable (but in no case 

3 later than 3 days after the vendor first be4 comes aware of the possibility that the in5 cident occurred); 

6 ‘‘(ii) if the incident involves goods or 

7 services provided to an election agency, the 

8 vendor submits a notification meeting the 

9 requirements of subparagraph (B) to the 

10 agency as soon as practicable (but in no 

11 case later than 3 days after the vendor 

12 first becomes aware of the possibility that 

13 the incident occurred), and cooperates with 

14 the agency in providing any other nec15 essary notifications relating to the inci16 dent; and 

17 ‘‘(iii) the vendor provides all necessary 

18 updates to any notification submitted 

19 under clause (i) or clause (ii). 

20 ‘‘(B) CONTENTS OF NOTIFICATIONS.— 

21 Each notification submitted under clause (i) or 

22 clause (ii) of subparagraph (A) shall contain 

23 the following information with respect to any 

24 election cybersecurity incident covered by the 

25 notification: 


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1 ‘‘(i) The date, time, and time zone 

2 when the election cybersecurity incident 

3 began, if known. 

4 ‘‘(ii) The date, time, and time zone 

5 when the election cybersecurity incident 

6 was detected. 

7 ‘‘(iii) The date, time, and duration of 

8 the election cybersecurity incident. 

9 ‘‘(iv) The circumstances of the elec10 tion cybersecurity incident, including the 

11 specific election infrastructure systems be12 lieved to have been accessed and informa13 tion acquired, if any. 

14 ‘‘(v) Any planned and implemented 

15 technical measures to respond to and re16 cover from the incident. 

17 ‘‘(vi) In the case of any notification 

18 which is an update to a prior notification, 

19 any additional material information relat20 ing to the incident, including technical 

21 data, as it becomes available. 

22 ‘‘SEC. 298B. ELIGIBILITY OF STATES. 

23 ‘‘A State is eligible to receive a grant under this part 

24 if the State submits to the Commission, at such time and 


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1 in such form as the Commission may require, an applica2 tion containing— 

3 ‘‘(1) a description of how the State will use the 

4 grant to carry out the activities authorized under 

5 this part; 

6 ‘‘(2) a certification and assurance that, not 

7 later than 5 years after receiving the grant, the 

8 State will carry out risk-limiting audits and will 

9 carry out voting system security improvements, as 

10 described in section 298A; and 

11 ‘‘(3) such other information and assurances as 

12 the Commission may require. 

13 ‘‘SEC. 298C. REPORTS TO CONGRESS. 

14 ‘‘Not later than 90 days after the end of each fiscal 

15 year, the Commission shall submit a report to the appro16 priate congressional committees, including the Committees 

17 on Homeland Security, House Administration, and the Ju18 diciary of the House of Representatives and the Commit19 tees on Homeland Security and Governmental Affairs, the 

20 Judiciary, and Rules and Administration of the Senate, 

21 on the activities carried out with the funds provided under 

22 this part. 

23 ‘‘SEC. 298D. AUTHORIZATION OF APPROPRIATIONS. 

24 ‘‘(a) AUTHORIZATION.—There are authorized to be 

25 appropriated for grants under this part— 


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1 ‘‘(1) $1,000,000,000 for fiscal year 2021; and 

2 ‘‘(2) $175,000,000 for each of the fiscal years 

3 2022, 2024, 2026, and 2028. 

4 ‘‘(b) CONTINUING AVAILABILITY OF AMOUNTS.—Any 

5 amounts appropriated pursuant to the authorization of 

6 this section shall remain available until expended.’’. 

7 (b) CLERICAL AMENDMENT.—The table of contents 

8 of such Act, as amended by section 1622(c), is amended 

9 by adding at the end of the items relating to subtitle D 

10 of title II the following: 

‘‘PART 8—GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING

SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS

‘‘Sec. 298. Grants for obtaining compliant paper ballot voting systems and 

carrying out voting system security improvements. 

‘‘Sec. 298A. Voting system security improvements described. 

‘‘Sec. 298B. Eligibility of States. 

‘‘Sec. 298C. Reports to Congress. 

‘‘Sec. 298D. Authorization of appropriations.’’. 

11 SEC. 3002. COORDINATION OF VOTING SYSTEM SECURITY 

12 ACTIVITIES WITH USE OF REQUIREMENTS 

13 PAYMENTS AND ELECTION ADMINISTRATION 

14 REQUIREMENTS UNDER HELP AMERICA 

15 VOTE ACT OF 2002. 

16 (a) DUTIES OF ELECTION ASSISTANCE COMMIS17 SION.—Section 202 of the Help America Vote Act of 2002 

18 (52 U.S.C. 20922) is amended— 

19 (1) in the matter preceding paragraph (1), by 

20 striking ‘‘by’’ and inserting ‘‘and the security of 

21 election infrastructure by’’; and 


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1 (2) by striking the semicolon at the end of 

2 paragraph (1) and inserting the following: ‘‘, and the 

3 development, maintenance and dissemination of cy4 bersecurity guidelines to identify vulnerabilities that 

5 could lead to, protect against, detect, respond to and 

6 recover from cybersecurity incidents;’’. 

7 (b) MEMBERSHIP OF SECRETARY OF HOMELAND SE8 CURITY ON BOARD OF ADVISORS OF ELECTION ASSIST9 ANCE COMMISSION.—Section 214(a) of such Act (52 

10 U.S.C. 20944(a)) is amended— 

11 (1) by striking ‘‘37 members’’ and inserting 

12 ‘‘38 members’’; and 

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

14 paragraph: 

15 ‘‘(17) The Secretary of Homeland Security or 

16 the Secretary’s designee.’’. 

17 (c) REPRESENTATIVE OF DEPARTMENT OF HOME18 LAND SECURITY ON TECHNICAL GUIDELINES DEVELOP19 MENT COMMITTEE.—Section 221(c)(1) of such Act (52 

20 U.S.C. 20961(c)(1)) is amended— 

21 (1) by redesignating subparagraph (E) as sub22 paragraph (F); and 

23 (2) by inserting after subparagraph (D) the fol24 lowing new subparagraph: 


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1 ‘‘(E) A representative of the Department 

2 of Homeland Security.’’. 

3 (d) GOALS OF PERIODIC STUDIES OF ELECTION AD4 MINISTRATION ISSUES; CONSULTATION WITH SECRETARY

5 OF HOMELAND SECURITY.—Section 241(a) of such Act 

6 (52 U.S.C. 20981(a)) is amended— 

7 (1) in the matter preceding paragraph (1), by 

8 striking ‘‘the Commission shall’’ and inserting ‘‘the 

9 Commission, in consultation with the Secretary of 

10 Homeland Security (as appropriate), shall’’; 

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

12 (3); 

13 (3) by redesignating paragraph (4) as para14 graph (5); and 

15 (4) by inserting after paragraph (3) the fol16 lowing new paragraph: 

17 ‘‘(4) will be secure against attempts to under18 mine the integrity of election systems by cyber or 

19 other means; and’’. 

20 (e) REQUIREMENTS PAYMENTS.— 

21 (1) USE OF PAYMENTS FOR VOTING SYSTEM

22 SECURITY IMPROVEMENTS.—Section 251(b) of such 

23 Act (52 U.S.C. 21001(b)), as amended by section 

24 1061(a)(2), is further amended by adding at the end 

25 the following new paragraph: 


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1 ‘‘(5) PERMITTING USE OF PAYMENTS FOR VOT2 ING SYSTEM SECURITY IMPROVEMENTS.—A State 

3 may use a requirements payment to carry out any 

4 of the following activities: 

5 ‘‘(A) Cyber and risk mitigation training. 

6 ‘‘(B) Providing increased technical support 

7 for any information technology infrastructure 

8 that the chief State election official deems to be 

9 part of the State’s election infrastructure or 

10 designates as critical to the operation of the 

11 State’s election infrastructure. 

12 ‘‘(C) Enhancing the cybersecurity and op13 erations of the information technology infra14 structure described in subparagraph (B). 

15 ‘‘(D) Enhancing the security of voter reg16 istration databases.’’. 

17 (2) INCORPORATION OF ELECTION INFRA18 STRUCTURE PROTECTION IN STATE PLANS FOR USE

19 OF PAYMENTS.—Section 254(a)(1) of such Act (52 

20 U.S.C. 21004(a)(1)) is amended by striking the pe21 riod at the end and inserting ‘‘, including the protec22 tion of election infrastructure.’’. 

23 (3) COMPOSITION OF COMMITTEE RESPONSIBLE

24 FOR DEVELOPING STATE PLAN FOR USE OF PAYVerDate Sep 11 2014 00:08 Feb 08, 2022 Jkt 029200 PO 00000 Frm 00436 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RDS H1

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1 MENTS.—Section 255 of such Act (52 U.S.C. 

2 21005) is amended— 

3 (A) by redesignating subsection (b) as sub4 section (c); and 

5 (B) by inserting after subsection (a) the 

6 following new subsection: 

7 ‘‘(b) GEOGRAPHIC REPRESENTATION.—The mem8 bers of the committee shall be a representative group of 

9 individuals from the State’s counties, cities, towns, and 

10 Indian tribes, and shall represent the needs of rural as 

11 well as urban areas of the State, as the case may be.’’. 

12 (f) ENSURING PROTECTION OF COMPUTERIZED

13 STATEWIDE VOTER REGISTRATION LIST.—Section 

14 303(a)(3) of such Act (52 U.S.C. 21083(a)(3)) is amend15 ed by striking the period at the end and inserting ‘‘, as 

16 well as other measures to prevent and deter cybersecurity 

17 incidents, as identified by the Commission, the Secretary 

18 of Homeland Security, and the Technical Guidelines De19 velopment Committee.’’. 

20 (g) SENIOR CYBER POLICY ADVISOR.—Section 

21 204(a) of such Act (52 U.S.C. 20924(a)) is amended— 

22 (1) by redesignating paragraphs (5) and (6) as 

23 paragraphs (6) and (7); and 

24 (2) by inserting after paragraph (4) the fol25 lowing new paragraph: 


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1 ‘‘(5) SENIOR CYBER POLICY ADVISOR.—The 

2 Commission shall have a Senior Cyber Policy Advi3 sor, who shall be appointed by the Commission and 

4 who shall serve under the Executive Director, and 

5 who shall be the primary policy advisor to the Com6 mission on matters of cybersecurity for Federal elec7 tions.’’. 

8 SEC. 3003. INCORPORATION OF DEFINITIONS. 

9 (a) IN GENERAL.—Section 901 of the Help America 

10 Vote Act of 2002 (52 U.S.C. 21141), as amended by sec11 tion 1921(b)(1), is amended to read as follows: 

12 ‘‘SEC. 901. DEFINITIONS. 

13 ‘‘In this Act, the following definitions apply: 

14 ‘‘(1) The term ‘cybersecurity incident’ has the 

15 meaning given the term ‘incident’ in section 227 of 

16 the Homeland Security Act of 2002 (6 U.S.C. 148). 

17 ‘‘(2) The term ‘election infrastructure’ has the 

18 meaning given such term in section 3601 of the 

19 Election Security Act. 

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

21 States, the District of Columbia, the Commonwealth 

22 of Puerto Rico, Guam, American Samoa, the United 

23 States Virgin Islands, and the Commonwealth of the 

24 Northern Mariana Islands.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 of such Act is amended by amending the item relating to 

3 section 901 to read as follows: 

‘‘Sec. 901. Definitions.’’. 

4 PART 2—GRANTS FOR RISK-LIMITING AUDITS OF 

5 RESULTS OF ELECTIONS 

6 SEC. 3011. GRANTS TO STATES FOR CONDUCTING RISK-LIM7 ITING AUDITS OF RESULTS OF ELECTIONS. 

8 (a) AVAILABILITY OF GRANTS.—Subtitle D of title 

9 II of the Help America Vote Act of 2002 (52 U.S.C. 

10 21001 et seq.), as amended by sections 1622(b) and 

11 3001(a), is amended by adding at the end the following 

12 new part: 

13 ‘‘PART 9—GRANTS FOR CONDUCTING RISK14 LIMITING AUDITS OF RESULTS OF ELECTIONS 

15 ‘‘SEC. 299. GRANTS FOR CONDUCTING RISK-LIMITING AU16 DITS OF RESULTS OF ELECTIONS. 

17 ‘‘(a) AVAILABILITY OF GRANTS.—The Commission 

18 shall make a grant to each eligible State to conduct risk19 limiting audits as described in subsection (b) with respect 

20 to the regularly scheduled general elections for Federal of21 fice held in November 2022 and each succeeding election 

22 for Federal office. 

23 ‘‘(b) RISK-LIMITING AUDITS DESCRIBED.—In this 

24 part, a ‘risk-limiting audit’ is a post-election process— 


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1 ‘‘(1) which is conducted in accordance with 

2 rules and procedures established by the chief State 

3 election official of the State which meet the require4 ments of subsection (c); and 

5 ‘‘(2) under which, if the reported outcome of 

6 the election is incorrect, there is at least a predeter7 mined percentage chance that the audit will replace 

8 the incorrect outcome with the correct outcome as 

9 determined by a full, hand-to-eye tabulation of all 

10 votes validly cast in that election that ascertains 

11 voter intent manually and directly from voter12 verifiable paper records. 

13 ‘‘(c) REQUIREMENTS FOR RULES AND PROCE14 DURES.—The rules and procedures established for con15 ducting a risk-limiting audit shall include the following 

16 elements: 

17 ‘‘(1) Rules for ensuring the security of ballots 

18 and documenting that prescribed procedures were 

19 followed. 

20 ‘‘(2) Rules and procedures for ensuring the ac21 curacy of ballot manifests produced by election agen22 cies. 

23 ‘‘(3) Rules and procedures for governing the 

24 format of ballot manifests, cast vote records, and 

25 other data involved in the audit. 


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1 ‘‘(4) Methods to ensure that any cast vote 

2 records used in the audit are those used by the vot3 ing system to tally the election results sent to the 

4 chief State election official and made public. 

5 ‘‘(5) Procedures for the random selection of 

6 ballots to be inspected manually during each audit. 

7 ‘‘(6) Rules for the calculations and other meth8 ods to be used in the audit and to determine wheth9 er and when the audit of an election is complete. 

10 ‘‘(7) Procedures and requirements for testing 

11 any software used to conduct risk-limiting audits. 

12 ‘‘(d) DEFINITIONS.—In this part, the following defi13 nitions apply: 

14 ‘‘(1) The term ‘ballot manifest’ means a record 

15 maintained by each election agency that meets each 

16 of the following requirements: 

17 ‘‘(A) The record is created without reliance 

18 on any part of the voting system used to tab19 ulate votes. 

20 ‘‘(B) The record functions as a sampling 

21 frame for conducting a risk-limiting audit. 

22 ‘‘(C) The record contains the following in23 formation with respect to the ballots cast and 

24 counted in the election: 


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1 ‘‘(i) The total number of ballots cast 

2 and counted by the agency (including 

3 undervotes, overvotes, and other invalid 

4 votes). 

5 ‘‘(ii) The total number of ballots cast 

6 in each election administered by the agency 

7 (including undervotes, overvotes, and other 

8 invalid votes). 

9 ‘‘(iii) A precise description of the 

10 manner in which the ballots are physically 

11 stored, including the total number of phys12 ical groups of ballots, the numbering sys13 tem for each group, a unique label for each 

14 group, and the number of ballots in each 

15 such group. 

16 ‘‘(2) The term ‘incorrect outcome’ means an 

17 outcome that differs from the outcome that would be 

18 determined by a full tabulation of all votes validly 

19 cast in the election, determining voter intent manu20 ally, directly from voter-verifiable paper records. 

21 ‘‘(3) The term ‘outcome’ means the winner of 

22 an election, whether a candidate or a position. 

23 ‘‘(4) The term ‘reported outcome’ means the 

24 outcome of an election which is determined accord25 ing to the canvass and which will become the official, 


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1 certified outcome unless it is revised by an audit, re2 count, or other legal process. 

3 ‘‘SEC. 299A. ELIGIBILITY OF STATES. 

4 ‘‘A State is eligible to receive a grant under this part 

5 if the State submits to the Commission, at such time and 

6 in such form as the Commission may require, an applica7 tion containing— 

8 ‘‘(1) a certification that, not later than 5 years 

9 after receiving the grant, the State will conduct risk10 limiting audits of the results of elections for Federal 

11 office held in the State as described in section 299; 

12 ‘‘(2) a certification that, not later than one year 

13 after the date of the enactment of this section, the 

14 chief State election official of the State has estab15 lished or will establish the rules and procedures for 

16 conducting the audits which meet the requirements 

17 of section 299(c); 

18 ‘‘(3) a certification that the audit shall be com19 pleted not later than the date on which the State 

20 certifies the results of the election; 

21 ‘‘(4) a certification that, after completing the 

22 audit, the State shall publish a report on the results 

23 of the audit, together with such information as nec24 essary to confirm that the audit was conducted prop25 erly; 


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1 ‘‘(5) a certification that, if a risk-limiting audit 

2 conducted under this part leads to a full manual 

3 tally of an election, State law requires that the State 

4 or election agency shall use the results of the full 

5 manual tally as the official results of the election; 

6 and 

7 ‘‘(6) such other information and assurances as 

8 the Commission may require. 

9 ‘‘SEC. 299B. AUTHORIZATION OF APPROPRIATIONS. 

10 ‘‘There are authorized to be appropriated for grants 

11 under this part $20,000,000 for fiscal year 2021, to re12 main available until expended.’’. 

13 (b) CLERICAL AMENDMENT.—The table of contents 

14 of such Act, as amended by sections 1622(c) and 3001(b), 

15 is further amended by adding at the end of the items relat16 ing to subtitle D of title II the following: 

‘‘PART 9—GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS

OF ELECTIONS

‘‘Sec. 299. Grants for conducting risk-limiting audits of results of elections. 

‘‘Sec. 299A. Eligibility of States. 

‘‘Sec. 299B. Authorization of appropriations.’’. 

17 SEC. 3012. GAO ANALYSIS OF EFFECTS OF AUDITS. 

18 (a) ANALYSIS.—Not later than 6 months after the 

19 first election for Federal office is held after grants are 

20 first awarded to States for conducting risk-limiting audits 

21 under part 9 of subtitle D of title II of the Help America 

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1 ducting risk-limiting audits of elections for Federal office, 

2 the Comptroller General of the United States shall con3 duct an analysis of the extent to which such audits have 

4 improved the administration of such elections and the se5 curity of election infrastructure in the States receiving 

6 such grants. 

7 (b) REPORT.—The Comptroller General of the 

8 United States shall submit a report on the analysis con9 ducted under subsection (a) to the appropriate congres10 sional committees. 

11 PART 3—ELECTION INFRASTRUCTURE 

12 INNOVATION GRANT PROGRAM 

13 SEC. 3021. ELECTION INFRASTRUCTURE INNOVATION 

14 GRANT PROGRAM. 

15 (a) IN GENERAL.—Title III of the Homeland Secu16 rity Act of 2002 (6 U.S.C. 181 et seq.) is amended by 

17 adding at the end the following new section: 

18 ‘‘SEC. 321. ELECTION INFRASTRUCTURE INNOVATION 

19 GRANT PROGRAM. 

20 ‘‘(a) ESTABLISHMENT.—The Secretary, acting 

21 through the Under Secretary for Science and Technology, 

22 in coordination with the Chairman of the Election Assist23 ance Commission (established pursuant to the Help Amer24 ica Vote Act of 2002) and in consultation with the Direc25 tor of the National Science Foundation and the Director 


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1 of the National Institute of Standards and Technology, 

2 shall establish a competitive grant program to award 

3 grants to eligible entities, on a competitive basis, for pur4 poses of research and development that are determined to 

5 have the potential to significantly improve the security (in6 cluding cybersecurity), quality, reliability, accuracy, acces7 sibility, and affordability of election infrastructure, and in8 crease voter participation. 

9 ‘‘(b) REPORT TO CONGRESS.—Not later than 90 days 

10 after the conclusion of each fiscal year for which grants 

11 are awarded under this section, the Secretary shall submit 

12 to the Committee on Homeland Security and the Com13 mittee on House Administration of the House of Rep14 resentatives and the Committee on Homeland Security 

15 and Governmental Affairs and the Committee on Rules 

16 and Administration of the Senate a report describing such 

17 grants and analyzing the impact, if any, of such grants 

18 on the security and operation of election infrastructure, 

19 and on voter participation. 

20 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

21 is authorized to be appropriated to the Secretary 

22 $20,000,000 for each of fiscal years 2021 through 2029 

23 for purposes of carrying out this section. 

24 ‘‘(d) ELIGIBLE ENTITY DEFINED.—In this section, 

25 the term ‘eligible entity’ means— 


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1 ‘‘(1) an institution of higher education (as such 

2 term is defined in section 101(a) of the Higher Edu3 cation Act of 1965 (20 U.S.C. 1001(a)), including 

4 an institution of higher education that is a histori5 cally Black college or university (which has the 

6 meaning given the term ‘‘part B institution’’ in sec7 tion 322 of such Act (20 U.S.C. 1061)) or other mi8 nority-serving institution listed in section 371(a) of 

9 such Act (20 U.S.C. 1067q(a)); 

10 ‘‘(2) an organization described in section 

11 501(c)(3) of the Internal Revenue Code of 1986 and 

12 exempt from tax under section 501(a) of such Code; 

13 or 

14 ‘‘(3) an organization, association, or a for-profit 

15 company, including a small business concern (as 

16 such term is described in section 3 of the Small 

17 Business Act (15 U.S.C. 632)), including a small 

18 business concern owned and controlled by socially 

19 and economically disadvantaged individuals (as such 

20 term is defined in section 8(d)(3)(C) of the Small 

21 Business Act (15 U.S.C. 637(d)(3)(C)).’’. 

22 (b) DEFINITION.—Section 2 of the Homeland Secu23 rity Act of 2002 (6 U.S.C. 101) is amended— 


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1 (1) by redesignating paragraphs (6) through 

2 (20) as paragraphs (7) through (21), respectively; 

3 and 

4 (2) by inserting after paragraph (5) the fol5 lowing new paragraph: 

6 ‘‘(6) ELECTION INFRASTRUCTURE.—The term 

7 ‘election infrastructure’ means storage facilities, 

8 polling places, and centralized vote tabulation loca9 tions used to support the administration of elections 

10 for public office, as well as related information and 

11 communications technology, including voter registra12 tion databases, voting machines, electronic mail and 

13 other communications systems (including electronic 

14 mail and other systems of vendors who have entered 

15 into contracts with election agencies to support the 

16 administration of elections, manage the election 

17 process, and report and display election results), and 

18 other systems used to manage the election process 

19 and to report and display election results on behalf 

20 of an election agency.’’. 

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

22 in section 1(b) of the Homeland Security Act of 2002 is 

23 amended by inserting after the item relating to section 

24 320 the following new item: 

‘‘Sec. 321. Election infrastructure innovation grant program.’’. 


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1 Subtitle B—Security Measures 

2 SEC. 3101. ELECTION INFRASTRUCTURE DESIGNATION. 

3 Subparagraph (J) of section 2001(3) of the Home4 land Security Act of 2002 (6 U.S.C. 601(3)) is amended 

5 by inserting ‘‘, including election infrastructure’’ before 

6 the period at the end. 

7 SEC. 3102. TIMELY THREAT INFORMATION. 

8 Subsection (d) of section 201 of the Homeland Secu9 rity Act of 2002 (6 U.S.C. 121) is amended by adding 

10 at the end the following new paragraph: 

11 ‘‘(24) To provide timely threat information re12 garding election infrastructure to the chief State 

13 election official of the State with respect to which 

14 such information pertains.’’. 

15 SEC. 3103. SECURITY CLEARANCE ASSISTANCE FOR ELEC16 TION OFFICIALS. 

17 In order to promote the timely sharing of information 

18 on threats to election infrastructure, the Secretary may— 

19 (1) help expedite a security clearance for the 

20 chief State election official and other appropriate 

21 State personnel involved in the administration of 

22 elections, as designated by the chief State election 

23 official; 

24 (2) sponsor a security clearance for the chief 

25 State election official and other appropriate State 


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1 personnel involved in the administration of elections, 

2 as designated by the chief State election official; and 

3 (3) facilitate the issuance of a temporary clear4 ance to the chief State election official and other ap5 propriate State personnel involved in the administra6 tion of elections, as designated by the chief State 

7 election official, if the Secretary determines classi8 fied information to be timely and relevant to the 

9 election infrastructure of the State at issue. 

10 SEC. 3104. SECURITY RISK AND VULNERABILITY ASSESS11 MENTS. 

12 (a) IN GENERAL.—Paragraph (6) of section 2209(c) 

13 of the Homeland Security Act of 2002 (6 U.S.C. 659(c)) 

14 is amended by inserting ‘‘(including by carrying out a se15 curity risk and vulnerability assessment)’’ after ‘‘risk 

16 management support’’. 

17 (b) PRIORITIZATION TO ENHANCE ELECTION SECU18 RITY.— 

19 (1) IN GENERAL.—Not later than 90 days after 

20 receiving a written request from a chief State elec21 tion official, the Secretary shall, to the extent prac22 ticable, commence a security risk and vulnerability 

23 assessment (pursuant to paragraph (6) of section 

24 2209(c) of the Homeland Security Act of 2002, as 


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1 amended by subsection (a)) on election infrastruc2 ture in the State at issue. 

3 (2) NOTIFICATION.—If the Secretary, upon re4 ceipt of a request described in paragraph (1), deter5 mines that a security risk and vulnerability assess6 ment referred to in such paragraph cannot be com7 menced within 90 days, the Secretary shall expedi8 tiously notify the chief State election official who 

9 submitted such request. 

10 SEC. 3105. ANNUAL REPORTS. 

11 (a) REPORTS ON ASSISTANCE AND ASSESSMENTS.— 

12 Not later than 1 year after the date of the enactment of 

13 this Act and annually thereafter through 2028, the Sec14 retary shall submit to the appropriate congressional com15 mittees— 

16 (1) efforts to carry out section 3103 during the 

17 prior year, including specific information regarding 

18 which States were helped, how many officials have 

19 been helped in each State, how many security clear20 ances have been sponsored in each State, and how 

21 many temporary clearances have been issued in each 

22 State; and 

23 (2) efforts to carry out section 3104 during the 

24 prior year, including specific information regarding 

25 which States were helped, the dates on which the 


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1 Secretary received a request for a security risk and 

2 vulnerability assessment referred to in such section, 

3 the dates on which the Secretary commenced each 

4 such request, and the dates on which the Secretary 

5 transmitted a notification in accordance with sub6 section (b)(2) of such section. 

7 (b) REPORTS ON FOREIGN THREATS.—Not later 

8 than 90 days after the end of each fiscal year (beginning 

9 with fiscal year 2021), the Secretary and the Director of 

10 National Intelligence, in coordination with the heads of 

11 appropriate offices of the Federal Government, shall sub12 mit to the appropriate congressional committees a joint 

13 report on foreign threats, including physical and cyberse14 curity threats, to elections in the United States. 

15 (c) INFORMATION FROM STATES.—For purposes of 

16 preparing the reports required under this section, the Sec17 retary shall solicit and consider information and comments 

18 from States and election agencies, except that the provi19 sion of such information and comments by a State or elec20 tion agency shall be voluntary and at the discretion of the 

21 State or election agency. 

22 SEC. 3106. PRE-ELECTION THREAT ASSESSMENTS. 

23 (a) SUBMISSION OF ASSESSMENT BY DNI.—Not 

24 later than 180 days before the date of each regularly 

25 scheduled general election for Federal office, the Director 


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1 of National Intelligence shall submit an assessment of the 

2 full scope of threats, including cybersecurity threats posed 

3 by state actors and terrorist groups, to election infrastruc4 ture and recommendations to address or mitigate such 

5 threats, as developed by the Secretary and Chairman, to— 

6 (1) the chief State election official of each 

7 State; 

8 (2) the appropriate congressional committees; 

9 and 

10 (3) any other relevant congressional commit11 tees. 

12 (b) UPDATES TO INITIAL ASSESSMENTS.—If, at any 

13 time after submitting an assessment with respect to an 

14 election under subsection (a), the Director of National In15 telligence determines that the assessment should be up16 dated to reflect new information regarding the threats in17 volved, the Director shall submit a revised assessment 

18 under such subsection. 

19 (c) DEFINITIONS.—In this section: 

20 (1) The term ‘‘Chairman’’ means the chair of 

21 the Election Assistance Commission. 

22 (2) The term ‘‘chief State election official’’ 

23 means, with respect to a State, the individual des24 ignated by the State under section 10 of the Na25 tional Voter Registration Act of 1993 (52 U.S.C. 


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1 20509) to be responsible for coordination of the 

2 State’s responsibilities under such Act. 

3 (3) The term ‘‘election infrastructure’’ means 

4 storage facilities, polling places, and centralized vote 

5 tabulation locations used to support the administra6 tion of elections for public office, as well as related 

7 information and communications technology, includ8 ing voter registration databases, voting machines, 

9 electronic mail and other communications systems 

10 (including electronic mail and other systems of ven11 dors who have entered into contracts with election 

12 agencies to support the administration of elections, 

13 manage the election process, and report and display 

14 election results), and other systems used to manage 

15 the election process and to report and display elec16 tion results on behalf of an election agency. 

17 (4) The term ‘‘Secretary’’ means the Secretary 

18 of Homeland Security. 

19 (5) The term ‘‘State’’ has the meaning given 

20 such term in section 901 of the Help America Vote 

21 Act of 2002 (52 U.S.C. 21141). 

22 (d) EFFECTIVE DATE.—This subtitle shall apply with 

23 respect to the regularly scheduled general election for Fed24 eral office held in November 2022 and each succeeding 

25 regularly scheduled general election for Federal office. 


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1 Subtitle C—Enhancing Protections 

2 for United States Democratic In3 stitutions 

4 SEC. 3201. NATIONAL STRATEGY TO PROTECT UNITED 

5 STATES DEMOCRATIC INSTITUTIONS. 

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

7 date of the enactment of this Act, the President, acting 

8 through the Secretary, in consultation with the Chairman, 

9 the Secretary of Defense, the Secretary of State, the At10 torney General, the Secretary of Education, the Director 

11 of National Intelligence, the Chairman of the Federal 

12 Election Commission, and the heads of any other appro13 priate Federal agencies, shall issue a national strategy to 

14 protect against cyber attacks, influence operations, 

15 disinformation campaigns, and other activities that could 

16 undermine the security and integrity of United States 

17 democratic institutions. 

18 (b) CONSIDERATIONS.—The national strategy re19 quired under subsection (a) shall include consideration of 

20 the following: 

21 (1) The threat of a foreign state actor, foreign 

22 terrorist organization (as designated pursuant to 

23 section 219 of the Immigration and Nationality Act 

24 (8 U.S.C. 1189)), or a domestic actor carrying out 

25 a cyber attack, influence operation, disinformation 


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1 campaign, or other activity aimed at undermining 

2 the security and integrity of United States demo3 cratic institutions. 

4 (2) The extent to which United States demo5 cratic institutions are vulnerable to a cyber attack, 

6 influence operation, disinformation campaign, or 

7 other activity aimed at undermining the security and 

8 integrity of such democratic institutions. 

9 (3) Potential consequences, such as an erosion 

10 of public trust or an undermining of the rule of law, 

11 that could result from a successful cyber attack, in12 fluence operation, disinformation campaign, or other 

13 activity aimed at undermining the security and in14 tegrity of United States democratic institutions. 

15 (4) Lessons learned from other governments the 

16 institutions of which were subject to a cyber attack, 

17 influence operation, disinformation campaign, or 

18 other activity aimed at undermining the security and 

19 integrity of such institutions, as well as actions that 

20 could be taken by the United States Government to 

21 bolster collaboration with foreign partners to detect, 

22 deter, prevent, and counter such activities. 

23 (5) Potential impacts, such as an erosion of 

24 public trust in democratic institutions, as could be 


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1 associated with a successful cyber breach or other 

2 activity negatively affecting election infrastructure. 

3 (6) Roles and responsibilities of the Secretary, 

4 the Chairman, and the heads of other Federal enti5 ties and non-Federal entities, including chief State 

6 election officials and representatives of multi-state 

7 information sharing and analysis centers. 

8 (7) Any findings, conclusions, and recommenda9 tions to strengthen protections for United States 

10 democratic institutions that have been agreed to by 

11 a majority of Commission members on the National 

12 Commission to Protect United States Democratic 

13 Institutions, authorized pursuant to section 3202. 

14 (c) IMPLEMENTATION PLAN.—Not later than 90 

15 days after the issuance of the national strategy required 

16 under subsection (a), the President, acting through the 

17 Secretary, in coordination with the Chairman, shall issue 

18 an implementation plan for Federal efforts to implement 

19 such strategy that includes the following: 

20 (1) Strategic objectives and corresponding 

21 tasks. 

22 (2) Projected timelines and costs for the tasks 

23 referred to in paragraph (1). 

24 (3) Metrics to evaluate performance of such 

25 tasks. 


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1 (d) CLASSIFICATION.—The national strategy re2 quired under subsection (a) shall be in unclassified form. 

3 (e) CIVIL RIGHTS REVIEW.—Not later than 60 days 

4 after the issuance of the national strategy required under 

5 subsection (a), and not later than 60 days after the 

6 issuance of the implementation plan required under sub7 section (c), the Privacy and Civil Liberties Oversight 

8 Board (established under section 1061 of the Intelligence 

9 Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 

10 2000ee)) shall submit to Congress a report on any poten11 tial privacy and civil liberties impacts of such strategy and 

12 implementation plan, respectively. 

13 SEC. 3202. NATIONAL COMMISSION TO PROTECT UNITED 

14 STATES DEMOCRATIC INSTITUTIONS. 

15 (a) ESTABLISHMENT.—There is established within 

16 the legislative branch the National Commission to Protect 

17 United States Democratic Institutions (in this section re18 ferred to as the ‘‘Commission’’). 

19 (b) PURPOSE.—The purpose of the Commission is to 

20 counter efforts to undermine democratic institutions with21 in the United States. 

22 (c) COMPOSITION.— 

23 (1) MEMBERSHIP.—The Commission shall be 

24 composed of 10 members appointed for the life of 

25 the Commission as follows: 


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1 (A) One member shall be appointed by the 

2 Secretary. 

3 (B) One member shall be appointed by the 

4 Chairman. 

5 (C) Two members shall be appointed by 

6 the majority leader of the Senate, in consulta7 tion with the Chairman of the Committee on 

8 Homeland Security and Governmental Affairs, 

9 the Chairman of the Committee on the Judici10 ary, and the Chairman of the Committee on 

11 Rules and Administration. 

12 (D) Two members shall be appointed by 

13 the minority leader of the Senate, in consulta14 tion with the ranking minority member of the 

15 Committee on Homeland Security and Govern16 mental Affairs, the ranking minority member of 

17 the Committee on the Judiciary, and the rank18 ing minority member of the Committee on 

19 Rules and Administration. 

20 (E) Two members shall be appointed by 

21 the Speaker of the House of Representatives, in 

22 consultation with the Chairman of the Com23 mittee on Homeland Security, the Chairman of 

24 the Committee on House Administration, and 


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1 the Chairman of the Committee on the Judici2 ary. 

3 (F) Two members shall be appointed by 

4 the minority leader of the House of Representa5 tives, in consultation with the ranking minority 

6 member of the Committee on Homeland Secu7 rity, the ranking minority member of the Com8 mittee on the Judiciary, and the ranking minor9 ity member of the Committee on House Admin10 istration. 

11 (2) QUALIFICATIONS.—Individuals shall be se12 lected for appointment to the Commission solely on 

13 the basis of their professional qualifications, achieve14 ments, public stature, experience, and expertise in 

15 relevant fields, including cybersecurity, national se16 curity, and the Constitution of the United States. 

17 (3) NO COMPENSATION FOR SERVICE.—Mem18 bers may not receive compensation for service on the 

19 Commission, but shall receive travel expenses, in20 cluding per diem in lieu of subsistence, in accord21 ance with chapter 57 of title 5, United States Code. 

22 (4) DEADLINE FOR APPOINTMENT.—All mem23 bers of the Commission shall be appointed not later 

24 than 60 days after the date of the enactment of this 

25 Act. 


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1 (5) VACANCIES.—A vacancy on the Commission 

2 shall not affect its powers and shall be filled in the 

3 manner in which the original appointment was 

4 made. The appointment of the replacement member 

5 shall be made not later than 60 days after the date 

6 on which the vacancy occurs. 

7 (d) CHAIR AND VICE CHAIR.—The Commission shall 

8 elect a Chair and Vice Chair from among its members. 

9 (e) QUORUM AND MEETINGS.— 

10 (1) QUORUM.—The Commission shall meet and 

11 begin the operations of the Commission not later 

12 than 30 days after the date on which all members 

13 have been appointed or, if such meeting cannot be 

14 mutually agreed upon, on a date designated by the 

15 Speaker of the House of Representatives and the 

16 President pro Tempore of the Senate. Each subse17 quent meeting shall occur upon the call of the Chair 

18 or a majority of its members. A majority of the 

19 members of the Commission shall constitute a 

20 quorum, but a lesser number may hold meetings. 

21 (2) AUTHORITY OF INDIVIDUALS TO ACT FOR

22 COMMISSION.—Any member of the Commission may, 

23 if authorized by the Commission, take any action 

24 that the Commission is authorized to take under this 

25 section. 


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1 (f) POWERS.— 

2 (1) HEARINGS AND EVIDENCE.—The Commis3 sion (or, on the authority of the Commission, any 

4 subcommittee or member thereof) may, for the pur5 pose of carrying out this section, hold hearings and 

6 sit and act at such times and places, take such testi7 mony, receive such evidence, and administer such 

8 oaths as the Commission considers advisable to 

9 carry out its duties. 

10 (2) CONTRACTING.—The Commission may, to 

11 such extent and in such amounts as are provided in 

12 appropriation Acts, enter into contracts to enable 

13 the Commission to discharge its duties under this 

14 section. 

15 (g) ASSISTANCE FROM FEDERAL AGENCIES.— 

16 (1) GENERAL SERVICES ADMINISTRATION.— 

17 The Administrator of General Services shall provide 

18 to the Commission on a reimbursable basis adminis19 trative support and other services for the perform20 ance of the Commission’s functions. 

21 (2) OTHER DEPARTMENTS AND AGENCIES.—In 

22 addition to the assistance provided under paragraph 

23 (1), the Department of Homeland Security, the 

24 Election Assistance Commission, and other appro25 priate departments and agencies of the United 


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1 States shall provide to the Commission such serv2 ices, funds, facilities, and staff as they may deter3 mine advisable and as may be authorized by law. 

4 (h) PUBLIC MEETINGS.—Any public meetings of the 

5 Commission shall be conducted in a manner consistent 

6 with the protection of information provided to or developed 

7 for or by the Commission as required by any applicable 

8 statute, regulation, or Executive order. 

9 (i) SECURITY CLEARANCES.— 

10 (1) IN GENERAL.—The heads of appropriate 

11 departments and agencies of the executive branch 

12 shall cooperate with the Commission to expeditiously 

13 provide Commission members and staff with appro14 priate security clearances to the extent possible 

15 under applicable procedures and requirements. 

16 (2) PREFERENCES.—In appointing staff, ob17 taining detailees, and entering into contracts for the 

18 provision of services for the Commission, the Com19 mission shall give preference to individuals who have 

20 active security clearances. 

21 (j) REPORTS.— 

22 (1) INTERIM REPORTS.—At any time prior to 

23 the submission of the final report under paragraph 

24 (2), the Commission may submit interim reports to 

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1 ings, conclusions, and recommendations to strength2 en protections for democratic institutions in the 

3 United States as have been agreed to by a majority 

4 of the members of the Commission. 

5 (2) FINAL REPORT.—Not later than 18 months 

6 after the date of the first meeting of the Commis7 sion, the Commission shall submit to the President 

8 and Congress a final report containing such find9 ings, conclusions, and recommendations to strength10 en protections for democratic institutions in the 

11 United States as have been agreed to by a majority 

12 of the members of the Commission. 

13 (k) TERMINATION.— 

14 (1) IN GENERAL.—The Commission shall termi15 nate upon the expiration of the 60-day period which 

16 begins on the date on which the Commission submits 

17 the final report required under subsection (j)(2). 

18 (2) ADMINISTRATIVE ACTIVITIES PRIOR TO

19 TERMINATION.—During the 60-day period referred 

20 to in paragraph (1), the Commission may carry out 

21 such administrative activities as may be required to 

22 conclude its work, including providing testimony to 

23 committees of Congress concerning the final report 

24 and disseminating the final report. 


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1 Subtitle D—Promoting Cybersecu2 rity Through Improvements in 

3 Election Administration 

4 SEC. 3301. TESTING OF EXISTING VOTING SYSTEMS TO EN5 SURE COMPLIANCE WITH ELECTION CYBER6 SECURITY GUIDELINES AND OTHER GUIDE7 LINES. 

8 (a) REQUIRING TESTING OF EXISTING VOTING SYS9 TEMS.— 

10 (1) IN GENERAL.—Section 231(a) of the Help 

11 America Vote Act of 2002 (52 U.S.C. 20971(a)) is 

12 amended by adding at the end the following new 

13 paragraph: 

14 ‘‘(3) TESTING TO ENSURE COMPLIANCE WITH

15 GUIDELINES.— 

16 ‘‘(A) TESTING.—Not later than 9 months 

17 before the date of each regularly scheduled gen18 eral election for Federal office, the Commission 

19 shall provide for the testing by accredited lab20 oratories under this section of the voting system 

21 hardware and software which was certified for 

22 use in the most recent such election, on the 

23 basis of the most recent voting system guide24 lines applicable to such hardware or software 


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1 (including election cybersecurity guidelines) 

2 issued under this Act. 

3 ‘‘(B) DECERTIFICATION OF HARDWARE OR

4 SOFTWARE FAILING TO MEET GUIDELINES.—If, 

5 on the basis of the testing described in subpara6 graph (A), the Commission determines that any 

7 voting system hardware or software does not 

8 meet the most recent guidelines applicable to 

9 such hardware or software issued under this 

10 Act, the Commission shall decertify such hard11 ware or software.’’. 

12 (2) EFFECTIVE DATE.—The amendment made 

13 by paragraph (1) shall apply with respect to the reg14 ularly scheduled general election for Federal office 

15 held in November 2022 and each succeeding regu16 larly scheduled general election for Federal office. 

17 (b) ISSUANCE OF CYBERSECURITY GUIDELINES BY

18 TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE.— 

19 Section 221(b) of the Help America Vote Act of 2002 (52 

20 U.S.C. 20961(b)) is amended by adding at the end the 

21 following new paragraph: 

22 ‘‘(3) ELECTION CYBERSECURITY GUIDE23 LINES.—Not later than 6 months after the date of 

24 the enactment of this paragraph, the Development 

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1 lines, including standards and best practices for pro2 curing, maintaining, testing, operating, and updat3 ing election systems to prevent and deter cybersecu4 rity incidents.’’. 

5 (c) BLOCKCHAIN TECHNOLOGY STUDY AND RE6 PORT.— 

7 (1) IN GENERAL.—The Election Assistance 

8 Commission shall conduct a study with respect to 

9 the use of blockchain technology to enhance voter se10 curity in an election for Federal office. 

11 (2) REPORT.—Not later than 90 days after the 

12 date of enactment of this Act, the Commission shall 

13 submit to Congress a report on the study conducted 

14 under paragraph (1). 

15 SEC. 3302. TREATMENT OF ELECTRONIC POLL BOOKS AS 

16 PART OF VOTING SYSTEMS. 

17 (a) INCLUSION IN DEFINITION OF VOTING SYS18 TEM.—Section 301(b) of the Help America Vote Act of 

19 2002 (52 U.S.C. 21081(b)) is amended— 

20 (1) in the matter preceding paragraph (1), by 

21 striking ‘‘this section’’ and inserting ‘‘this Act’’; 

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

23 (1); 

24 (3) by redesignating paragraph (2) as para25 graph (3); and 


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1 (4) by inserting after paragraph (1) the fol2 lowing new paragraph: 

3 ‘‘(2) any electronic poll book used with respect 

4 to the election; and’’. 

5 (b) DEFINITION.—Section 301 of such Act (52 

6 U.S.C. 21081) is amended— 

7 (1) by redesignating subsections (d) and (d) as 

8 subsections (d) and (e); and 

9 (2) by inserting after subsection (b) the fol10 lowing new subsection: 

11 ‘‘(c) ELECTRONIC POLL BOOK DEFINED.—In this 

12 Act, the term ‘electronic poll book’ means the total com13 bination of mechanical, electromechanical, or electronic 

14 equipment (including the software, firmware, and docu15 mentation required to program, control, and support the 

16 equipment) that is used— 

17 ‘‘(1) to retain the list of registered voters at a 

18 polling location, or vote center, or other location at 

19 which voters cast votes in an election for Federal of20 fice; and 

21 ‘‘(2) to identify registered voters who are eligi22 ble to vote in an election.’’. 

23 (c) EFFECTIVE DATE.—Section 301(e) of such Act 

24 (52 U.S.C. 21081(e)), as redesignated by subsection (b), 

25 is amended by striking the period at the end and inserting 


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1 the following: ‘‘, or, with respect to any requirements re2 lating to electronic poll books, on and after January 1, 

3 2022.’’. 

4 SEC. 3303. PRE-ELECTION REPORTS ON VOTING SYSTEM 

5 USAGE. 

6 (a) REQUIRING STATES TO SUBMIT REPORTS.—Title 

7 III of the Help America Vote Act of 2002 (52 U.S.C. 

8 21081 et seq.) is amended by inserting after section 301 

9 the following new section: 

10 ‘‘SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM 

11 USAGE. 

12 ‘‘(a) REQUIRING STATES TO SUBMIT REPORTS.— 

13 Not later than 120 days before the date of each regularly 

14 scheduled general election for Federal office, the chief 

15 State election official of a State shall submit a report to 

16 the Commission containing a detailed voting system usage 

17 plan for each jurisdiction in the State which will admin18 ister the election, including a detailed plan for the usage 

19 of electronic poll books and other equipment and compo20 nents of such system. 

21 ‘‘(b) EFFECTIVE DATE.—Subsection (a) shall apply 

22 with respect to the regularly scheduled general election for 

23 Federal office held in November 2022 and each succeeding 

24 regularly scheduled general election for Federal office.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 of such Act is amended by inserting after the item relating 

3 to section 301 the following new item: 

‘‘Sec. 301A. Pre-election reports on voting system usage.’’. 

4 SEC. 3304. STREAMLINING COLLECTION OF ELECTION IN5 FORMATION. 

6 Section 202 of the Help America Vote Act of 2002 

7 (52 U.S.C. 20922) is amended— 

8 (1) by striking ‘‘The Commission’’ and insert9 ing ‘‘(a) IN GENERAL.—The Commission’’; and 

10 (2) by adding at the end the following new sub11 section: 

12 ‘‘(b) WAIVER OF CERTAIN REQUIREMENTS.—Sub13 chapter I of chapter 35 of title 44, United States Code, 

14 shall not apply to the collection of information for pur15 poses of maintaining the clearinghouse described in para16 graph (1) of subsection (a).’’. 

17 SEC. 3305. EXEMPTION OF CYBERSECURITY ASSISTANCE 

18 FROM LIMITATIONS ON AMOUNT OF COORDI19 NATED POLITICAL PARTY EXPENDITURES. 

20 (a) EXEMPTION.—Section 315(d)(5) of the Federal 

21 Election Campaign Act of 1971 (52 U.S.C. 30116(d)(5)) 

22 is amended— 

23 (1) by striking ‘‘(5)’’ and inserting ‘‘(5)(A)’’; 

24 (2) by striking the period at the end and insert25 ing ‘‘, or to expenditures (whether provided as funds 


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1 or provided as in-kind services) for secure informa2 tion communications technology or for a cybersecu3 rity product or service or for any other product or 

4 service which assists in responding to threats or har5 assment online.’’; and 

6 (3) by adding at the end the following new sub7 paragraph: 

8 ‘‘(B) In subparagraph (A)— 

9 ‘‘(i) the term ‘secure information communica10 tions technology’ means a commercial-off-the-shelf 

11 computing device which has been configured to re12 strict unauthorized access and uses publicly-available 

13 baseline configurations; and 

14 ‘‘(ii) the term ‘cybersecurity product or service’ 

15 means a product or service which helps an organiza16 tion to achieve the set of standards, guidelines, best 

17 practices, methodologies, procedures, and processes 

18 to cost-effectively identify, detect, protect, respond 

19 to, and recover from cyber risks as developed by the 

20 National Institute of Standards and Technology pur21 suant to subsections (c)(15) and (e) of section 2 of 

22 the National Institute of Standards and Technology 

23 Act (15 U.S.C. 272).’’. 


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

2 subsection (a) shall apply with respect to expenditures 

3 made on or after the date of the enactment of this Act. 

4 Subtitle E—Preventing Election 

5 Hacking 

6 SEC. 3401. SHORT TITLE. 

7 This subtitle may be cited as the ‘‘Prevent Election 

8 Hacking Act of 2021’’. 

9 SEC. 3402. ELECTION SECURITY BUG BOUNTY PROGRAM. 

10 (a) ESTABLISHMENT.—Not later than 1 year after 

11 the date of the enactment of this Act, the Secretary shall 

12 establish a program to be known as the ‘‘Election Security 

13 Bug Bounty Program’’ (in this subtitle referred to as the 

14 ‘‘Program’’) to improve the cybersecurity of the systems 

15 used to administer elections for Federal office by facili16 tating and encouraging assessments by independent tech17 nical experts, in cooperation with State and local election 

18 officials and election service providers, to identify and re19 port election cybersecurity vulnerabilities. 

20 (b) VOLUNTARY PARTICIPATION BY ELECTION OFFI21 CIALS AND ELECTION SERVICE PROVIDERS.— 

22 (1) NO REQUIREMENT TO PARTICIPATE IN PRO23 GRAM.—Participation in the Program shall be en24 tirely voluntary for State and local election officials 

25 and election service providers. 


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1 (2) ENCOURAGING PARTICIPATION AND INPUT

2 FROM ELECTION OFFICIALS.—In developing the Pro3 gram, the Secretary shall solicit input from, and en4 courage participation by, State and local election of5 ficials. 

6 (c) ACTIVITIES FUNDED.—In establishing and car7 rying out the Program, the Secretary shall— 

8 (1) establish a process for State and local elec9 tion officials and election service providers to volun10 tarily participate in the Program; 

11 (2) designate appropriate information systems 

12 to be included in the Program; 

13 (3) provide compensation to eligible individuals, 

14 organizations, and companies for reports of pre15 viously unidentified security vulnerabilities within 

16 the information systems designated under paragraph 

17 (2) and establish criteria for individuals, organiza18 tions, and companies to be considered eligible for 

19 such compensation in compliance with Federal laws; 

20 (4) consult with the Attorney General on how 

21 to ensure that approved individuals, organizations, 

22 and companies that comply with the requirements of 

23 the Program are protected from prosecution under 

24 section 1030 of title 18, United States Code, and 

25 similar provisions of law, and from liability under 


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1 civil actions for specific activities authorized under 

2 the Program; 

3 (5) consult with the Secretary of Defense and 

4 the heads of other departments and agencies that 

5 have implemented programs to provide compensation 

6 for reports of previously undisclosed vulnerabilities 

7 in information systems, regarding lessons that may 

8 be applied from such programs; 

9 (6) develop an expeditious process by which an 

10 individual, organization, or company can register 

11 with the Department, submit to a background check 

12 as determined by the Department, and receive a de13 termination regarding eligibility for participation in 

14 the Program; and 

15 (7) engage qualified interested persons, includ16 ing representatives of private entities, about the 

17 structure of the Program and, to the extent prac18 ticable, establish a recurring competition for inde19 pendent technical experts to assess election systems 

20 for the purpose of identifying and reporting election 

21 cybersecurity vulnerabilities. 

22 (d) USE OF SERVICE PROVIDERS.—The Secretary 

23 may award competitive contracts as necessary to manage 

24 the Program. 

25 (e) DEFINITIONS.—In this section: 


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1 (1) The term ‘‘Department’’ means the Depart2 ment of Homeland Security. 

3 (2) The terms ‘‘election’’ and ‘‘Federal office’’ 

4 have the meanings given such terms in section 301 

5 of the Federal Election Campaign Act of 1971 (52 

6 U.S.C. 30101). 

7 (3) The term ‘‘election cybersecurity vulner8 ability’’ means any security vulnerability that affects 

9 an election system. 

10 (4) The term ‘‘election infrastructure’’ has the 

11 meaning given such term in paragraph (6) of section 

12 2 of the Homeland Security Act of 2002 (6 U.S.C. 

13 101), as added by section 3021 of this title. 

14 (5) The term ‘‘election service provider’’ means 

15 any person providing, supporting, or maintaining an 

16 election system on behalf of a State or local election 

17 official, such as a contractor or vendor. 

18 (6) The term ‘‘election system’’ means any in19 formation system which is part of an election infra20 structure. 

21 (7) The term ‘‘information system’’ has the 

22 meaning given such term in section 3502 of title 44, 

23 United States Code. 

24 (8) The term ‘‘Secretary’’ means the Secretary 

25 of Homeland Security, or, upon designation by the 


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1 Secretary of Homeland Security, the Deputy Sec2 retary of Homeland Security, the Director of Cyber3 security and Infrastructure Security of the Cyberse4 curity and Infrastructure Security Agency of the De5 partment of Homeland Security, or a Senate-con6 firmed official who reports to the Director. 

7 (9) The term ‘‘security vulnerability’’ has the 

8 meaning given such term in section 102 of the Cy9 bersecurity Information Sharing Act of 2015 (6 

10 U.S.C. 1501). 

11 (10) The term ‘‘State’’ means each of the sev12 eral States, the District of Columbia, the Common13 wealth of Puerto Rico, Guam, American Samoa, the 

14 Commonwealth of Northern Mariana Islands, and 

15 the United States Virgin Islands. 

16 (11) The term ‘‘voting system’’ has the mean17 ing given such term in section 301(b) of the Help 

18 America Vote Act of 2002 (52 U.S.C. 21081(b)). 

19 Subtitle F—Election Security 

20 Grants Advisory Committee 

21 SEC. 3501. ESTABLISHMENT OF ADVISORY COMMITTEE. 

22 (a) IN GENERAL.—Subtitle A of title II of the Help 

23 America Vote Act of 2002 (52 U.S.C. 20921 et seq.) is 

24 amended by adding at the end the following: 


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1 ‘‘PART 4—ELECTION SECURITY GRANTS 

2 ADVISORY COMMITTEE 

3 ‘‘SEC. 225. ELECTION SECURITY GRANTS ADVISORY COM4 MITTEE. 

5 ‘‘(a) ESTABLISHMENT.—There is hereby established 

6 an advisory committee (hereinafter in this part referred 

7 to as the ‘Committee’) to assist the Commission with re8 spect to the award of grants to States under this Act for 

9 the purpose of election security. 

10 ‘‘(b) DUTIES.— 

11 ‘‘(1) IN GENERAL.—The Committee shall, with 

12 respect to an application for a grant received by the 

13 Commission— 

14 ‘‘(A) review such application; and 

15 ‘‘(B) recommend to the Commission 

16 whether to award the grant to the applicant. 

17 ‘‘(2) CONSIDERATIONS.—In reviewing an appli18 cation pursuant to paragraph (1)(A), the Committee 

19 shall consider— 

20 ‘‘(A) the record of the applicant with re21 spect to— 

22 ‘‘(i) compliance of the applicant with 

23 the requirements under subtitle A of title 

24 III; and 


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1 ‘‘(ii) adoption of voluntary guidelines 

2 issued by the Commission under subtitle B 

3 of title III; and 

4 ‘‘(B) the goals and requirements of elec5 tion security as described in title III of the For 

6 the People Act. 

7 ‘‘(c) MEMBERSHIP.—The Committee shall be com8 posed of 15 individuals appointed by the Executive Direc9 tor of the Commission with experience and expertise in 

10 election security. 

11 ‘‘(d) NO COMPENSATION FOR SERVICE.—Members of 

12 the Committee shall not receive any compensation for 

13 their service, but shall be paid travel expenses, including 

14 per diem in lieu of subsistence, at rates authorized for em15 ployees of agencies under subchapter I of chapter 57 of 

16 title 5, United States Code, while away from their homes 

17 or regular places of business in the performance of services 

18 for the Committee.’’. 

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

20 this section shall take effect 1 year after the date of enact21 ment of this Act. 


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1 Subtitle G—Miscellaneous 

2 Provisions 

3 SEC. 3601. DEFINITIONS. 

4 Except as provided in section 3402, in this title, the 

5 following definitions apply: 

6 (1) The term ‘‘Chairman’’ means the chair of 

7 the Election Assistance Commission. 

8 (2) The term ‘‘appropriate congressional com9 mittees’’ means the Committees on Homeland Secu10 rity and House Administration of the House of Rep11 resentatives and the Committees on Homeland Secu12 rity and Governmental Affairs and Rules and Ad13 ministration of the Senate. 

14 (3) The term ‘‘chief State election official’’ 

15 means, with respect to a State, the individual des16 ignated by the State under section 10 of the Na17 tional Voter Registration Act of 1993 (52 U.S.C. 

18 20509) to be responsible for coordination of the 

19 State’s responsibilities under such Act. 

20 (4) The term ‘‘Commission’’ means the Election 

21 Assistance Commission. 

22 (5) The term ‘‘democratic institutions’’ means 

23 the diverse range of institutions that are essential to 

24 ensuring an independent judiciary, free and fair elec25 tions, and rule of law. 


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1 (6) The term ‘‘election agency’’ means any com2 ponent of a State, or any component of a unit of 

3 local government in a State, which is responsible for 

4 the administration of elections for Federal office in 

5 the State. 

6 (7) The term ‘‘election infrastructure’’ means 

7 storage facilities, polling places, and centralized vote 

8 tabulation locations used to support the administra9 tion of elections for public office, as well as related 

10 information and communications technology, includ11 ing voter registration databases, voting machines, 

12 electronic mail and other communications systems 

13 (including electronic mail and other systems of ven14 dors who have entered into contracts with election 

15 agencies to support the administration of elections, 

16 manage the election process, and report and display 

17 election results), and other systems used to manage 

18 the election process and to report and display elec19 tion results on behalf of an election agency. 

20 (8) The term ‘‘Secretary’’ means the Secretary 

21 of Homeland Security. 

22 (9) The term ‘‘State’’ has the meaning given 

23 such term in section 901 of the Help America Vote 

24 Act of 2002 (52 U.S.C. 21141). 


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1 SEC. 3602. INITIAL REPORT ON ADEQUACY OF RESOURCES 

2 AVAILABLE FOR IMPLEMENTATION. 

3 Not later than 120 days after enactment of this Act, 

4 the Chairman and the Secretary shall submit a report to 

5 the appropriate committees of Congress, including the 

6 Committees on Homeland Security and House Adminis7 tration of the House of Representatives and the Com8 mittee on Homeland Security and Governmental Affairs 

9 of the Senate, analyzing the adequacy of the funding, re10 sources, and personnel available to carry out this title and 

11 the amendments made by this title. 

12 Subtitle H—Use of Voting Machines 

13 Manufactured in the United States 

14 SEC. 3701. USE OF VOTING MACHINES MANUFACTURED IN 

15 THE UNITED STATES. 

16 (a) REQUIREMENT.—Section 301(a) of the Help 

17 America Vote Act of 2002 (52 U.S.C. 21081(a)), as 

18 amended by section 1504, section 1505, and section 1507, 

19 is further amended by adding at the end the following new 

20 paragraph: 

21 ‘‘(10) VOTING MACHINE REQUIREMENTS.—By 

22 not later than the date of the regularly scheduled 

23 general election for Federal office occurring in No24 vember 2024, each State shall seek to ensure that 

25 any voting machine used in such election and in any 


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1 subsequent election for Federal office is manufac2 tured in the United States.’’. 

3 (b) CONFORMING AMENDMENT RELATING TO EF4 FECTIVE DATE.—Section 301(d)(1) of such Act (52 

5 U.S.C. 21081(d)(1)), as amended by section 1508, is 

6 amended by striking ‘‘paragraph (2)’’ and inserting ‘‘sub7 section (a)(10) and paragraph (2)’’. 

8 Subtitle I—Study and Report on 

9 Bots 

10 SEC. 3801. SHORT TITLE. 

11 This subtitle may be cited as the ‘‘Bots Research 

12 Act’’. 

13 SEC. 3802. TASK FORCE. 

14 (a) ESTABLISHMENT.—Not later than 90 days after 

15 the date of enactment of this Act, the Election Assistance 

16 Commission, in consultation with the Cybersecurity and 

17 Infrastructure Security Agency, shall establish a task 

18 force to carry out the study and report required under 

19 section 3803. 

20 (b) NUMBER AND APPOINTMENT.—The task force 

21 shall be comprised of the following: 

22 (1) At least 1 expert representing the Govern23 ment. 

24 (2) At least 1 expert representing academia. 


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1 (3) At least 1 expert representing non-profit or2 ganizations. 

3 (4) At least 1 expert representing the social 

4 media industry. 

5 (5) At least 1 election official. 

6 (6) Any other expert that the Commission de7 termines appropriate. 

8 (c) QUALIFICATIONS.—The Commission shall select 

9 task force members to serve by virtue of their expertise 

10 in automation technology. 

11 (d) DEADLINE FOR APPOINTMENT.—Not later than 

12 90 days after the date of enactment of this Act, the Com13 mission shall appoint the members of the task force. 

14 (e) COMPENSATION.—Members of the task force shall 

15 serve without pay and shall not receive travel expenses. 

16 (f) TASK FORCE SUPPORT.—The Commission shall 

17 ensure appropriate staff and officials of the Commission 

18 are available to support any task force-related work. 

19 SEC. 3803. STUDY AND REPORT. 

20 (a) STUDY.—The task force established in this sub21 title shall conduct a study of the impact of automated ac22 counts on social media, public discourse, and elections. 

23 Such study shall include an assessment of— 

24 (1) what qualifies as a bot or automated ac25 count; 


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1 (2) the extent to which automated accounts are 

2 used; 

3 (3) how the automated accounts are used; and 

4 (4) how to most effectively combat any use of 

5 automated accounts that negatively effects social 

6 media, public discourse, and elections while con7 tinuing to promote the protection of the First 

8 Amendment on the internet. 

9 (b) TASK FORCE CONSIDERATIONS.—In carrying out 

10 the requirements of this section, the task force shall con11 sider, at a minimum— 

12 (1) the promotion of technological innovation; 

13 (2) the protection of First Amendment and 

14 other constitutional rights of social media users; 

15 (3) the need to improve cybersecurity to ensure 

16 the integrity of elections; and 

17 (4) the importance of continuously reviewing 

18 relevant regulations to ensure that such regulations 

19 respond effectively to changes in technology. 

20 (c) REPORT.—Not later than 1 year after the estab21 lishment of the task force, the task force shall develop and 

22 submit to Congress and relevant Federal agencies the re23 sults and conclusions of the study conducted under sub24 section (a). 


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1 Subtitle J—Severability 

2 SEC. 3901. SEVERABILITY. 

3 If any provision of this title or amendment made by 

4 this title, or the application of a provision or amendment 

5 to any person or circumstance, is held to be unconstitu6 tional, the remainder of this title and amendments made 

7 by this title, and the application of the provisions and 

8 amendment to any person or circumstance, shall not be 

9 affected by the holding. 

10 DIVISION B—CAMPAIGN 

11 FINANCE 

12 TITLE IV—CAMPAIGN FINANCE 

13 TRANSPARENCY 

Subtitle A—Establishing Duty To Report Foreign Election Interference 

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

Sec. 4002. Federal campaign reporting of foreign contacts. 

Sec. 4003. Federal campaign foreign contact reporting compliance system. 

Sec. 4004. Criminal penalties. 

Sec. 4005. Report to congressional intelligence committees. 

Sec. 4006. Rule of construction. 

Subtitle B—DISCLOSE Act 

Sec. 4100. Short title. 

PART 1—CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN

NATIONALS IN ELECTIONS

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

election-related activities. 

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

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

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

connections with ballot initiatives and referenda. 

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

Sec. 4106. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals. 

PART 2—REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS


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Sec. 4111. Reporting of campaign-related disbursements. 

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

Sec. 4113. Effective date. 

PART 3—OTHER ADMINISTRATIVE REFORMS

Sec. 4121. Petition for certiorari. 

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

PART 4—DISCLOSURE OF CONTRIBUTIONS TO POLITICAL COMMITTEES

IMMEDIATELY PRIOR TO ELECTION

Sec. 4131. Disclosure of contributions to political committees immediately prior 

to election. 

Subtitle C—Strengthening Oversight of Online Political Advertising 

Sec. 4201. Short title. 

Sec. 4202. Purpose. 

Sec. 4203. Findings. 

Sec. 4204. Sense of Congress. 

Sec. 4205. Expansion of definition of public communication. 

Sec. 4206. Expansion of definition of electioneering communication. 

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

Sec. 4208. Political record requirements for online platforms. 

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

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

Sec. 4210. Independent study on media literacy and online political content 

consumption. 

Sec. 4211. Requiring online platforms to display notices identifying sponsors of 

political advertisements and to ensure notices continue to be 

present when advertisements are shared. 

Subtitle D—Stand By Every Ad 

Sec. 4301. Short title. 

Sec. 4302. Stand by every ad. 

Sec. 4303. Disclaimer requirements for communications made through 

prerecorded telephone calls. 

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

Sec. 4305. Effective date. 

Subtitle E—Deterring Foreign Interference in Elections 

PART 1—DETERRENCE UNDER FEDERAL ELECTION CAMPAIGN ACT OF 1971 

Sec. 4401. Restrictions on exchange of campaign information between candidates and foreign powers. 

Sec. 4402. Clarification of standard for determining existence of coordination 

between campaigns and outside interests. 

Sec. 4403. Prohibition on provision of substantial assistance relating to contribution or donation by foreign nationals. 

Sec. 4404. Clarification of application of foreign money ban. 


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PART 2—NOTIFYING STATES OF DISINFORMATION CAMPAIGNS BY FOREIGN

NATIONALS

Sec. 4411. Notifying States of disinformation campaigns by foreign nationals. 

PART 3—PROHIBITING USE OF DEEPFAKES IN ELECTION CAMPAIGNS

Sec. 4421. Prohibition on distribution of materially deceptive audio or visual 

media prior to election. 

PART 4—ASSESSMENT OF EXEMPTION OF REGISTRATION REQUIREMENTS

UNDER FARA FOR REGISTERED LOBBYISTS

Sec. 4431. Assessment of exemption of registration requirements under FARA 

for registered lobbyists. 

Subtitle F—Secret Money Transparency 

Sec. 4501. Repeal of restriction of use of funds by Internal Revenue Service to 

bring transparency to political activity of certain nonprofit organizations. 

Sec. 4502. Repeal of regulations. 

Subtitle G—Shareholder Right-to-Know 

Sec. 4601. Repeal of restriction on use of funds by Securities and Exchange 

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

Sec. 4602. Assessment of shareholder preferences for disbursements for political purposes. 

Sec. 4603. Governance and operations of corporate PACs. 

Subtitle H—Disclosure of Political Spending by Government Contractors 

Sec. 4701. Repeal of restriction on use of funds to require disclosure of political 

spending by government contractors. 

Subtitle I—Limitation and Disclosure Requirements for Presidential 

Inaugural Committees 

Sec. 4801. Short title. 

Sec. 4802. Limitations and disclosure of certain donations to, and disbursements by, Inaugural Committees. 

Subtitle J—Miscellaneous Provisions 

Sec. 4901. Effective dates of provisions. 

Sec. 4902. Severability. 


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1 Subtitle A—Establishing Duty To 

2 Report Foreign Election Inter3 ference 

4 SEC. 4001. FINDINGS RELATING TO ILLICIT MONEY UNDER5 MINING OUR DEMOCRACY. 

6 Congress finds the following: 

7 (1) Criminals, terrorists, and corrupt govern8 ment officials frequently abuse anonymously held 

9 Limited Liability Companies (LLCs), also known as 

10 ‘‘shell companies,’’ to hide, move, and launder the 

11 dirty money derived from illicit activities such as 

12 trafficking, bribery, exploitation, and embezzlement. 

13 Ownership and control of the finances that run 

14 through shell companies are obscured to regulators 

15 and law enforcement because little information is re16 quired and collected when establishing these entities. 

17 (2) The public release of the ‘‘Panama Papers’’ 

18 in 2016 and the ‘‘Paradise Papers’’ in 2017 revealed 

19 that these shell companies often purchase and sell 

20 United States real estate. United States anti-money 

21 laundering laws do not apply to cash transactions in22 volving real estate effectively concealing the bene23 ficiaries and transactions from regulators and law 

24 enforcement. 


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1 (3) Since the Supreme Court’s decisions in Citi2 zens United v. Federal Election Commission, 558 

3 U.S. 310 (2010), millions of dollars have flowed into 

4 super PACs through LLCs whose funders are anon5 ymous or intentionally obscured. Criminal investiga6 tions have uncovered LLCs that were used to hide 

7 illegal campaign contributions from foreign criminal 

8 fugitives, to advance international influence-buying 

9 schemes, and to conceal contributions from donors 

10 who were already under investigation for bribery and 

11 racketeering. Voters have no way to know the true 

12 sources of the money being routed through these 

13 LLCs to influence elections, including whether any 

14 of the funds come from foreign or other illicit 

15 sources. 

16 (4) Congress should curb the use of anonymous 

17 shell companies for illicit purposes by requiring 

18 United States companies to disclose their beneficial 

19 owners, strengthening anti-money laundering and 

20 counter-terrorism finance laws. 

21 (5) Congress should examine the money laun22 dering and terrorist financing risks in the real estate 

23 market, including the role of anonymous parties, and 

24 review legislation to address any vulnerabilities iden25 tified in this sector. 


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1 (6) Congress should examine the methods by 

2 which corruption flourishes and the means to detect 

3 and deter the financial misconduct that fuels this 

4 driver of global instability. Congress should monitor 

5 government efforts to enforce United States anti6 corruption laws and regulations. 

7 SEC. 4002. FEDERAL CAMPAIGN REPORTING OF FOREIGN 

8 CONTACTS. 

9 (a) INITIAL NOTICE.— 

10 (1) IN GENERAL.—Section 304 of the Federal 

11 Election Campaign Act of 1971 (52 U.S.C. 30104) 

12 is amended by adding at the end the following new 

13 subsection: 

14 ‘‘(j) DISCLOSURE OF REPORTABLE FOREIGN CON15 TACTS.— 

16 ‘‘(1) COMMITTEE OBLIGATION TO NOTIFY.— 

17 Not later than 1 week after a reportable foreign con18 tact, each political committee shall notify the Fed19 eral Bureau of Investigation and the Commission of 

20 the reportable foreign contact and provide a sum21 mary of the circumstances with respect to such re22 portable foreign contact. The Federal Bureau of In23 vestigation, not later than 1 week after receiving a 

24 notification from a political committee under this 

25 paragraph, shall submit to the political committee, 


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1 the Permanent Select Committee on Intelligence of 

2 the House of Representatives, and the Select Com3 mittee on Intelligence of the Senate written or elec4 tronic confirmation of receipt of the notification. 

5 ‘‘(2) INDIVIDUAL OBLIGATION TO NOTIFY.— 

6 Not later than 3 days after a reportable foreign con7 tact— 

8 ‘‘(A) each candidate and each immediate 

9 family member of a candidate shall notify the 

10 treasurer or other designated official of the 

11 principal campaign committee of such candidate 

12 of the reportable foreign contact and provide a 

13 summary of the circumstances with respect to 

14 such reportable foreign contact; and 

15 ‘‘(B) each official, employee, or agent of a 

16 political committee shall notify the treasurer or 

17 other designated official of the committee of the 

18 reportable foreign contact and provide a sum19 mary of the circumstances with respect to such 

20 reportable foreign contact. 

21 ‘‘(3) REPORTABLE FOREIGN CONTACT.—In this 

22 subsection: 

23 ‘‘(A) IN GENERAL.—The term ‘reportable 

24 foreign contact’ means any direct or indirect 

25 contact or communication that— 


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1 ‘‘(i) is between— 

2 ‘‘(I) a candidate, an immediate 

3 family member of the candidate, a po4 litical committee, or any official, em5 ployee, or agent of such committee; 

6 and 

7 ‘‘(II) an individual that the per8 son described in subclause (I) knows, 

9 has reason to know, or reasonably be10 lieves is a covered foreign national; 

11 and 

12 ‘‘(ii) the person described in clause 

13 (i)(I) knows, has reason to know, or rea14 sonably believes involves— 

15 ‘‘(I) an offer or other proposal 

16 for a contribution, donation, expendi17 ture, disbursement, or solicitation de18 scribed in section 319; or 

19 ‘‘(II) coordination or collabora20 tion with, an offer or provision of in21 formation or services to or from, or 

22 persistent and repeated contact with, 

23 a covered foreign national in connec24 tion with an election. 

25 ‘‘(B) EXCEPTIONS.— 


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1 ‘‘(i) CONTACTS IN OFFICIAL CAPACITY

2 AS ELECTED OFFICIAL.—The term ‘report3 able foreign contact’ shall not include any 

4 contact or communication with a covered 

5 foreign national by an elected official or an 

6 employee of an elected official solely in an 

7 official capacity as such an official or em8 ployee. 

9 ‘‘(ii) CONTACTS FOR PURPOSES OF

10 ENABLING OBSERVATION OF ELECTIONS

11 BY INTERNATIONAL OBSERVERS.—The 

12 term ‘reportable foreign contact’ shall not 

13 include any contact or communication with 

14 a covered foreign national by any person 

15 which is made for purposes of enabling the 

16 observation of elections in the United 

17 States by a foreign national or the obser18 vation of elections outside of the United 

19 States by a candidate, political committee, 

20 or any official, employee, or agent of such 

21 committee. 

22 ‘‘(iii) EXCEPTIONS NOT APPLICABLE

23 IF CONTACTS OR COMMUNICATIONS IN24 VOLVE PROHIBITED DISBURSEMENTS.—A 

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1 ficial or an employee of an elected official 

2 shall not be considered to be made solely 

3 in an official capacity for purposes of 

4 clause (i), and a contact or communication 

5 shall not be considered to be made for pur6 poses of enabling the observation of elec7 tions for purposes of clause (ii), if the con8 tact or communication involves a contribu9 tion, donation, expenditure, disbursement, 

10 or solicitation described in section 319. 

11 ‘‘(C) COVERED FOREIGN NATIONAL DE12 FINED.— 

13 ‘‘(i) IN GENERAL.—In this paragraph, 

14 the term ‘covered foreign national’ 

15 means— 

16 ‘‘(I) a foreign principal (as de17 fined in section 1(b) of the Foreign 

18 Agents Registration Act of 1938 (22 

19 U.S.C. 611(b))) that is a government 

20 of a foreign country or a foreign polit21 ical party; 

22 ‘‘(II) any person who acts as an 

23 agent, representative, employee, or 

24 servant, or any person who acts in 

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1 quest, or under the direction or con2 trol, of a foreign principal described in 

3 subclause (I) or of a person any of 

4 whose activities are directly or indi5 rectly supervised, directed, controlled, 

6 financed, or subsidized in whole or in 

7 major part by a foreign principal de8 scribed in subclause (I); or 

9 ‘‘(III) any person included in the 

10 list of specially designated nationals 

11 and blocked persons maintained by 

12 the Office of Foreign Assets Control 

13 of the Department of the Treasury 

14 pursuant to authorities relating to the 

15 imposition of sanctions relating to the 

16 conduct of a foreign principal de17 scribed in subclause (I). 

18 ‘‘(ii) CLARIFICATION REGARDING AP19 PLICATION TO CITIZENS OF THE UNITED

20 STATES.—In the case of a citizen of the 

21 United States, subclause (II) of clause (i) 

22 applies only to the extent that the person 

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1 cipal described in subclause (I) of clause 

2 (i). 

3 ‘‘(4) IMMEDIATE FAMILY MEMBER.—In this 

4 subsection, the term ‘immediate family member’ 

5 means, with respect to a candidate, a parent, parent6 in-law, spouse, adult child, or sibling.’’. 

7 (2) EFFECTIVE DATE.—The amendment made 

8 by paragraph (1) shall apply with respect to report9 able foreign contacts which occur on or after the 

10 date of the enactment of this Act. 

11 (b) INFORMATION INCLUDED ON REPORT.— 

12 (1) IN GENERAL.—Section 304(b) of such Act 

13 (52 U.S.C. 30104(b)) is amended— 

14 (A) by striking ‘‘and’’ at the end of para15 graph (7); 

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

17 paragraph (8) and inserting ‘‘; and’’; and 

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

19 paragraph: 

20 ‘‘(9) for any reportable foreign contact (as de21 fined in subsection (j)(3))— 

22 ‘‘(A) the date, time, and location of the 

23 contact; 


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1 ‘‘(B) the date and time of when a des2 ignated official of the committee was notified of 

3 the contact; 

4 ‘‘(C) the identity of individuals involved; 

5 and 

6 ‘‘(D) a description of the contact, including 

7 the nature of any contribution, donation, ex8 penditure, disbursement, or solicitation involved 

9 and the nature of any activity described in sub10 section (j)(3)(A)(ii)(II) involved.’’. 

11 (2) EFFECTIVE DATE.—The amendment made 

12 by paragraph (1) shall apply with respect to reports 

13 filed on or after the expiration of the 60-day period 

14 which begins on the date of the enactment of this 

15 Act. 

16 SEC. 4003. FEDERAL CAMPAIGN FOREIGN CONTACT RE17 PORTING COMPLIANCE SYSTEM. 

18 (a) IN GENERAL.—Section 302 of the Federal Elec19 tion Campaign Act of 1971 (52 U.S.C. 30102) is amended 

20 by adding at the end the following new subsection: 

21 ‘‘(j) REPORTABLE FOREIGN CONTACTS COMPLIANCE

22 POLICY.— 

23 ‘‘(1) REPORTING.—Each political committee 

24 shall establish a policy that requires all officials, em25 ployees, and agents of such committee (and, in the 


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1 case of an authorized committee, the candidate and 

2 each immediate family member of the candidate) to 

3 notify the treasurer or other appropriate designated 

4 official of the committee of any reportable foreign 

5 contact (as defined in section 304(j)) not later than 

6 3 days after such contact was made. 

7 ‘‘(2) RETENTION AND PRESERVATION OF

8 RECORDS.—Each political committee shall establish 

9 a policy that provides for the retention and preserva10 tion of records and information related to reportable 

11 foreign contacts (as so defined) for a period of not 

12 less than 3 years. 

13 ‘‘(3) CERTIFICATION.— 

14 ‘‘(A) IN GENERAL.—Upon filing its state15 ment of organization under section 303(a), and 

16 with each report filed under section 304(a), the 

17 treasurer of each political committee (other 

18 than an authorized committee) shall certify 

19 that— 

20 ‘‘(i) the committee has in place poli21 cies that meet the requirements of para22 graphs (1) and (2); 

23 ‘‘(ii) the committee has designated an 

24 official to monitor compliance with such 

25 policies; and 


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1 ‘‘(iii) not later than 1 week after the 

2 beginning of any formal or informal affili3 ation with the committee, all officials, em4 ployees, and agents of such committee 

5 will— 

6 ‘‘(I) receive notice of such poli7 cies; 

8 ‘‘(II) be informed of the prohibi9 tions under section 319; and 

10 ‘‘(III) sign a certification affirm11 ing their understanding of such poli12 cies and prohibitions. 

13 ‘‘(B) AUTHORIZED COMMITTEES.—With 

14 respect to an authorized committee, the can15 didate shall make the certification required 

16 under subparagraph (A).’’. 

17 (b) EFFECTIVE DATE.— 

18 (1) IN GENERAL.—The amendment made by 

19 subsection (a) shall apply with respect to political 

20 committees which file a statement of organization 

21 under section 303(a) of the Federal Election Cam22 paign Act of 1971 (52 U.S.C. 30103(a)) on or after 

23 the date of the enactment of this Act. 

24 (2) TRANSITION RULE FOR EXISTING COMMIT25 TEES.—Not later than 30 days after the date of the 


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1 enactment of this Act, each political committee 

2 under the Federal Election Campaign Act of 1971 

3 shall file a certification with the Federal Election 

4 Commission that the committee is in compliance 

5 with the requirements of section 302(j) of such Act 

6 (as added by subsection (a)). 

7 SEC. 4004. CRIMINAL PENALTIES. 

8 Section 309(d)(1) of the Federal Election Campaign 

9 Act of 1971 (52 U.S.C. 30109(d)(1)) is amended by add10 ing at the end the following new subparagraphs: 

11 ‘‘(E) Any person who knowingly and willfully com12 mits a violation of subsection (j) or (b)(9) of section 304 

13 or section 302(j) shall be fined not more than $500,000, 

14 imprisoned not more than 5 years, or both. 

15 ‘‘(F) Any person who knowingly and willfully conceals 

16 or destroys any materials relating to a reportable foreign 

17 contact (as defined in section 304(j)) shall be fined not 

18 more than $1,000,000, imprisoned not more than 5 years, 

19 or both.’’. 

20 SEC. 4005. REPORT TO CONGRESSIONAL INTELLIGENCE 

21 COMMITTEES. 

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

23 date of enactment of this Act, and annually thereafter, 

24 the Director of the Federal Bureau of Investigation shall 

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1 port relating to notifications received by the Federal Bu2 reau of Investigation under section 304(j)(1) of the Fed3 eral Election Campaign Act of 1971 (as added by section 

4 4002(a) of this Act). 

5 (b) ELEMENTS.—Each report under subsection (a) 

6 shall include, at a minimum, the following with respect 

7 to notifications described in subsection (a): 

8 (1) The number of such notifications received 

9 from political committees during the year covered by 

10 the report. 

11 (2) A description of protocols and procedures 

12 developed by the Federal Bureau of Investigation re13 lating to receipt and maintenance of records relating 

14 to such notifications. 

15 (3) With respect to such notifications received 

16 during the year covered by the report, a description 

17 of any subsequent actions taken by the Director re18 sulting from the receipt of such notifications. 

19 (c) CONGRESSIONAL INTELLIGENCE COMMITTEES

20 DEFINED.—In this section, the term ‘‘congressional intel21 ligence committees’’ has the meaning given that term in 

22 section 3 of the National Security Act of 1947 (50 U.S.C. 

23 3003). 


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1 SEC. 4006. RULE OF CONSTRUCTION. 

2 Nothing in this subtitle or the amendments made by 

3 this subtitle shall be construed— 

4 (1) to impede legitimate journalistic activities; 

5 or 

6 (2) to impose any additional limitation on the 

7 right to express political views or to participate in 

8 public discourse of any individual who— 

9 (A) resides in the United States; 

10 (B) is not a citizen of the United States or 

11 a national of the United States, as defined in 

12 section 101(a)(22) of the Immigration and Na13 tionality Act (8 U.S.C. 1101(a)(22)); and 

14 (C) is not lawfully admitted for permanent 

15 residence, as defined by section 101(a)(20) of 

16 the Immigration and Nationality Act (8 U.S.C. 

17 1101(a)(20)). 

18 Subtitle B—DISCLOSE Act 

19 SEC. 4100. SHORT TITLE. 

20 This subtitle may be cited as the ‘‘Democracy Is 

21 Strengthened by Casting Light On Spending in Elections 

22 Act of 2021’’ or the ‘‘DISCLOSE Act of 2021’’. 


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1 PART 1—CLOSING LOOPHOLES ALLOWING 

2 SPENDING BY FOREIGN NATIONALS IN ELEC3 TIONS 

4 SEC. 4101. CLARIFICATION OF PROHIBITION ON PARTICI5 PATION BY FOREIGN NATIONALS IN ELEC6 TION-RELATED ACTIVITIES. 

7 (a) CLARIFICATION OF PROHIBITION.—Section 

8 319(a) of the Federal Election Campaign Act of 1971 (52 

9 U.S.C. 30121(a)) is amended— 

10 (1) by striking ‘‘or’’ at the end of paragraph 

11 (1); 

12 (2) by striking the period at the end of para13 graph (2) and inserting ‘‘; or’’; and 

14 (3) by adding at the end the following new 

15 paragraph: 

16 ‘‘(3) a foreign national to direct, dictate, con17 trol, or directly or indirectly participate in the deci18 sion making process of any person (including a cor19 poration, labor organization, political committee, or 

20 political organization) with regard to such person’s 

21 Federal or non-Federal election-related activity, in22 cluding any decision concerning the making of con23 tributions, donations, expenditures, or disbursements 

24 in connection with an election for any Federal, 

25 State, or local office or any decision concerning the 

26 administration of a political committee.’’. 


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1 (b) CERTIFICATION OF COMPLIANCE.—Section 319 

2 of such Act (52 U.S.C. 30121) is amended by adding at 

3 the end the following new subsection: 

4 ‘‘(c) CERTIFICATION OF COMPLIANCE REQUIRED

5 PRIOR TO CARRYING OUT ACTIVITY.—Prior to the mak6 ing in connection with an election for Federal office of any 

7 contribution, donation, expenditure, independent expendi8 ture, or disbursement for an electioneering communication 

9 by a corporation, labor organization (as defined in section 

10 316(b)), limited liability corporation, or partnership dur11 ing a year, the chief executive officer of the corporation, 

12 labor organization, limited liability corporation, or part13 nership (or, if the corporation, labor organization, limited 

14 liability corporation, or partnership does not have a chief 

15 executive officer, the highest ranking official of the cor16 poration, labor organization, limited liability corporation, 

17 or partnership), shall file a certification with the Commis18 sion, under penalty of perjury, that a foreign national did 

19 not direct, dictate, control, or directly or indirectly partici20 pate in the decision making process relating to such activ21 ity in violation of subsection (a)(3), unless the chief execu22 tive officer has previously filed such a certification during 

23 that calendar year.’’. 

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

25 this section shall take effect upon the expiration of the 


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1 180-day period which begins on the date of the enactment 

2 of this Act, and shall take effect without regard to whether 

3 or not the Federal Election Commission has promulgated 

4 regulations to carry out such amendments. 

5 SEC. 4102. CLARIFICATION OF APPLICATION OF FOREIGN 

6 MONEY BAN TO CERTAIN DISBURSEMENTS 

7 AND ACTIVITIES. 

8 (a) APPLICATION TO DISBURSEMENTS TO SUPER

9 PACS AND OTHER PERSONS.—Section 319(a)(1)(A) of 

10 the Federal Election Campaign Act of 1971 (52 U.S.C. 

11 30121(a)(1)(A)) is amended by striking the semicolon and 

12 inserting the following: ‘‘, including any disbursement to 

13 a political committee which accepts donations or contribu14 tions that do not comply with any of the limitations, prohi15 bitions, and reporting requirements of this Act (or any dis16 bursement to or on behalf of any account of a political 

17 committee which is established for the purpose of accept18 ing such donations or contributions), or to any other per19 son for the purpose of funding an expenditure, inde20 pendent expenditure, or electioneering communication (as 

21 defined in section 304(f)(3));’’. 

22 (b) CONDITIONS UNDER WHICH CORPORATE PACS

23 MAY MAKE CONTRIBUTIONS AND EXPENDITURES.—Sec24 tion 316(b) of such Act (52 U.S.C. 30118(b)) is amended 

25 by adding at the end the following new paragraph: 


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1 ‘‘(8) A separate segregated fund established by a cor2 poration may not make a contribution or expenditure dur3 ing a year unless the fund has certified to the Commission 

4 the following during the year: 

5 ‘‘(A) Each individual who manages the fund, 

6 and who is responsible for exercising decisionmaking 

7 authority for the fund, is a citizen of the United 

8 States or is lawfully admitted for permanent resi9 dence in the United States. 

10 ‘‘(B) No foreign national under section 319 

11 participates in any way in the decisionmaking proc12 esses of the fund with regard to contributions or ex13 penditures under this Act. 

14 ‘‘(C) The fund does not solicit or accept rec15 ommendations from any foreign national under sec16 tion 319 with respect to the contributions or expend17 itures made by the fund. 

18 ‘‘(D) Any member of the board of directors of 

19 the corporation who is a foreign national under sec20 tion 319 abstains from voting on matters concerning 

21 the fund or its activities.’’. 

22 SEC. 4103. AUDIT AND REPORT ON ILLICIT FOREIGN 

23 MONEY IN FEDERAL ELECTIONS. 

24 (a) IN GENERAL.—Title III of the Federal Election 

25 Campaign Act of 1971 (52 U.S.C. 30101 et seq.), as 


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1 amended by section 1821, is further amended by inserting 

2 after section 319A the following new section: 

3 ‘‘SEC. 319B. AUDIT AND REPORT ON DISBURSEMENTS BY 

4 FOREIGN NATIONALS. 

5 ‘‘(a) AUDIT.— 

6 ‘‘(1) IN GENERAL.—The Commission shall con7 duct an audit after each Federal election cycle to de8 termine the incidence of illicit foreign money in such 

9 Federal election cycle. 

10 ‘‘(2) PROCEDURES.—In carrying out paragraph 

11 (1), the Commission shall conduct random audits of 

12 any disbursements required to be reported under 

13 this Act, in accordance with procedures established 

14 by the Commission. 

15 ‘‘(b) REPORT.—Not later than 180 days after the end 

16 of each Federal election cycle, the Commission shall sub17 mit to Congress a report containing— 

18 ‘‘(1) results of the audit required by subsection 

19 (a)(1); 

20 ‘‘(2) an analysis of the extent to which illicit 

21 foreign money was used to carry out disinformation 

22 and propaganda campaigns focused on depressing 

23 turnout among rural communities and the success or 

24 failure of these efforts, together with recommenda25 tions to address these efforts in future elections; 


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1 ‘‘(3) an analysis of the extent to which illicit 

2 foreign money was used to carry out disinformation 

3 and propaganda campaigns focused on depressing 

4 turnout among African-American and other minority 

5 communities and the success or failure of these ef6 forts, together with recommendations to address 

7 these efforts in future elections; 

8 ‘‘(4) an analysis of the extent to which illicit 

9 foreign money was used to carry out disinformation 

10 and propaganda campaigns focused on influencing 

11 military and veteran communities and the success or 

12 failure of these efforts, together with recommenda13 tions to address these efforts in future elections; and 

14 ‘‘(5) recommendations to address the presence 

15 of illicit foreign money in elections, as appropriate. 

16 ‘‘(c) DEFINITIONS.—As used in this section: 

17 ‘‘(1) The term ‘Federal election cycle’ means 

18 the period which begins on the day after the date of 

19 a regularly scheduled general election for Federal of20 fice and which ends on the date of the first regularly 

21 scheduled general election for Federal office held 

22 after such date. 

23 ‘‘(2) The term ‘illicit foreign money’ means any 

24 disbursement by a foreign national (as defined in 

25 section 319(b)) prohibited under such section.’’. 


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

2 subsection (a) shall apply with respect to the Federal elec3 tion cycle that began during November 2020, and each 

4 succeeding Federal election cycle. 

5 SEC. 4104. PROHIBITION ON CONTRIBUTIONS AND DONA6 TIONS BY FOREIGN NATIONALS IN CONNEC7 TIONS WITH BALLOT INITIATIVES AND 

8 REFERENDA. 

9 (a) IN GENERAL.—Section 319(a)(1)(A) of the Fed10 eral Election Campaign Act of 1971 (52 U.S.C. 

11 30121(a)(1)(A)) is amended by striking ‘‘State, or local 

12 election’’ and inserting the following: ‘‘State, or local elec13 tion, including a State or local ballot initiative or ref14 erendum’’. 

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

16 this section shall apply with respect to elections held in 

17 2022 or any succeeding year. 

18 SEC. 4105. DISBURSEMENTS AND ACTIVITIES SUBJECT TO 

19 FOREIGN MONEY BAN. 

20 (a) DISBURSEMENTS DESCRIBED.—Section 

21 319(a)(1) of the Federal Election Campaign Act of 1971 

22 (52 U.S.C. 30121(a)(1)) is amended— 

23 (1) by striking ‘‘or’’ at the end of subparagraph 

24 (B); and 


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1 (2) by striking subparagraph (C) and inserting 

2 the following: 

3 ‘‘(C) an expenditure; 

4 ‘‘(D) an independent expenditure; 

5 ‘‘(E) a disbursement for an electioneering 

6 communication (within the meaning of section 

7 304(f)(3)); 

8 ‘‘(F) a disbursement for a communication 

9 which is placed or promoted for a fee on a 

10 website, web application, or digital application 

11 that refers to a clearly identified candidate for 

12 election for Federal office and is disseminated 

13 within 60 days before a general, special, or run14 off election for the office sought by the can15 didate or 30 days before a primary or pref16 erence election, or a convention or caucus of a 

17 political party that has authority to nominate a 

18 candidate for the office sought by the can19 didate; 

20 ‘‘(G) a disbursement for a broadcast, cable 

21 or satellite communication, or for a communica22 tion which is placed or promoted for a fee on 

23 a website, web application, or digital applica24 tion, that promotes, supports, attacks, or op25 poses the election of a clearly identified canVerDate Sep 11 2014 00:08 Feb 08, 2022 Jkt 029200 PO 00000 Frm 00510 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RDS H1

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1 didate for Federal, State, or local office (re2 gardless of whether the communication contains 

3 express advocacy or the functional equivalent of 

4 express advocacy); 

5 ‘‘(H) a disbursement for a broadcast, 

6 cable, or satellite communication, or for any 

7 communication which is placed or promoted for 

8 a fee on an online platform (as defined in sec9 tion 304(k)(3)), that discusses a national legis10 lative issue of public importance in a year in 

11 which a regularly scheduled general election for 

12 Federal office is held, but only if the disburse13 ment is made by a covered foreign national de14 scribed in section 304(j)(3)(C); 

15 ‘‘(I) a disbursement by a covered foreign 

16 national described in section 304(j)(3)(C) to 

17 compensate any person for internet activity that 

18 promotes, supports, attacks, or opposes the 

19 election of a clearly identified candidate for 

20 Federal, State, or local office (regardless of 

21 whether the activity contains express advocacy 

22 or the functional equivalent of express advo23 cacy); and 


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1 ‘‘(J) a disbursement for a Federal judicial 

2 nomination communication (as defined in sec3 tion 324(d)(2)).’’. 

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

5 this section shall apply with respect to disbursements 

6 made on or after the date of the enactment of this Act. 

7 SEC. 4106. PROHIBITING ESTABLISHMENT OF CORPORA8 TION TO CONCEAL ELECTION CONTRIBU9 TIONS AND DONATIONS BY FOREIGN NATION10 ALS. 

11 (a) PROHIBITION.—Chapter 29 of title 18, United 

12 States Code, as amended by section 1071(a) and section 

13 1201(a), is amended by adding at the end the following: 

14 ‘‘§ 614. Establishment of corporation to conceal elec15 tion contributions and donations by for16 eign nationals 

17 ‘‘(a) OFFENSE.—It shall be unlawful for an owner, 

18 officer, attorney, or incorporation agent of a corporation, 

19 company, or other entity to establish or use the corpora20 tion, company, or other entity with the intent to conceal 

21 an activity of a foreign national (as defined in section 319 

22 of the Federal Election Campaign Act of 1971 (52 U.S.C. 

23 30121)) prohibited under such section 319. 


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1 ‘‘(b) PENALTY.—Any person who violates subsection 

2 (a) shall be imprisoned for not more than 5 years, fined 

3 under this title, or both.’’. 

4 (b) TABLE OF SECTIONS.—The table of sections for 

5 chapter 29 of title 18, United States Code, as amended 

6 by section 1071(b) and section 1201(b), is amended by 

7 inserting after the item relating to section 613 the fol8 lowing: 

‘‘614. Establishment of corporation to conceal election contributions and donations by foreign nationals.’’. 

9 PART 2—REPORTING OF CAMPAIGN-RELATED 

10 DISBURSEMENTS 

11 SEC. 4111. REPORTING OF CAMPAIGN-RELATED DISBURSE12 MENTS. 

13 (a) DISCLOSURE REQUIREMENTS FOR CORPORA14 TIONS, LABOR ORGANIZATIONS, AND CERTAIN OTHER

15 ENTITIES.— 

16 (1) IN GENERAL.—Section 324 of the Federal 

17 Election Campaign Act of 1971 (52 U.S.C. 30126) 

18 is amended to read as follows: 

19 ‘‘SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSE20 MENTS BY COVERED ORGANIZATIONS. 

21 ‘‘(a) DISCLOSURE STATEMENT.— 

22 ‘‘(1) IN GENERAL.—Any covered organization 

23 that makes campaign-related disbursements aggre24 gating more than $10,000 in an election reporting 


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1 cycle shall, not later than 24 hours after each disclo2 sure date, file a statement with the Commission 

3 made under penalty of perjury that contains the in4 formation described in paragraph (2)— 

5 ‘‘(A) in the case of the first statement filed 

6 under this subsection, for the period beginning 

7 on the first day of the election reporting cycle 

8 (or, if earlier, the period beginning one year be9 fore the first such disclosure date) and ending 

10 on the first such disclosure date; and 

11 ‘‘(B) in the case of any subsequent state12 ment filed under this subsection, for the period 

13 beginning on the previous disclosure date and 

14 ending on such disclosure date. 

15 ‘‘(2) INFORMATION DESCRIBED.—The informa16 tion described in this paragraph is as follows: 

17 ‘‘(A) The name of the covered organization 

18 and the principal place of business of such or19 ganization and, in the case of a covered organi20 zation that is a corporation (other than a busi21 ness concern that is an issuer of a class of secu22 rities registered under section 12 of the Securi23 ties Exchange Act of 1934 (15 U.S.C. 78l) or 

24 that is required to file reports under section 

25 15(d) of that Act (15 U.S.C. 78o(d))) or an enVerDate Sep 11 2014 00:08 Feb 08, 2022 Jkt 029200 PO 00000 Frm 00514 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RDS H1

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1 tity described in subsection (e)(2), a list of the 

2 beneficial owners (as defined in paragraph 

3 (4)(A)) of the entity that— 

4 ‘‘(i) identifies each beneficial owner by 

5 name and current residential or business 

6 street address; and 

7 ‘‘(ii) if any beneficial owner exercises 

8 control over the entity through another 

9 legal entity, such as a corporation, partner10 ship, limited liability company, or trust, 

11 identifies each such other legal entity and 

12 each such beneficial owner who will use 

13 that other entity to exercise control over 

14 the entity. 

15 ‘‘(B) The amount of each campaign-related 

16 disbursement made by such organization during 

17 the period covered by the statement of more 

18 than $1,000, and the name and address of the 

19 person to whom the disbursement was made. 

20 ‘‘(C) In the case of a campaign-related dis21 bursement that is not a covered transfer, the 

22 election to which the campaign-related disburse23 ment pertains and if the disbursement is made 

24 for a public communication, the name of any 

25 candidate identified in such communication and 


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1 whether such communication is in support of or 

2 in opposition to a candidate. 

3 ‘‘(D) A certification by the chief executive 

4 officer or person who is the head of the covered 

5 organization that the campaign-related dis6 bursement is not made in cooperation, consulta7 tion, or concert with or at the request or sug8 gestion of a candidate, authorized committee, or 

9 agent of a candidate, political party, or agent of 

10 a political party. 

11 ‘‘(E)(i) If the covered organization makes 

12 campaign-related disbursements using exclu13 sively funds in a segregated bank account con14 sisting of funds that were paid directly to such 

15 account by persons other than the covered orga16 nization that controls the account, for each 

17 such payment to the account— 

18 ‘‘(I) the name and address of each 

19 person who made such payment during the 

20 period covered by the statement; 

21 ‘‘(II) the date and amount of such 

22 payment; and 

23 ‘‘(III) the aggregate amount of all 

24 such payments made by the person during 

25 the period beginning on the first day of the 


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1 election reporting cycle (or, if earlier, the 

2 period beginning one year before the dis3 closure date) and ending on the disclosure 

4 date, 

5 but only if such payment was made by a person 

6 who made payments to the account in an aggre7 gate amount of $10,000 or more during the pe8 riod beginning on the first day of the election 

9 reporting cycle (or, if earlier, the period begin10 ning one year before the disclosure date) and 

11 ending on the disclosure date. 

12 ‘‘(ii) In any calendar year after 2022, sec13 tion 315(c)(1)(B) shall apply to the amount de14 scribed in clause (i) in the same manner as 

15 such section applies to the limitations estab16 lished under subsections (a)(1)(A), (a)(1)(B), 

17 (a)(3), and (h) of such section, except that for 

18 purposes of applying such section to the 

19 amounts described in subsection (b), the ‘base 

20 period’ shall be 2022. 

21 ‘‘(F)(i) If the covered organization makes 

22 campaign-related disbursements using funds 

23 other than funds in a segregated bank account 

24 described in subparagraph (E), for each pay25 ment to the covered organization— 


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1 ‘‘(I) the name and address of each 

2 person who made such payment during the 

3 period covered by the statement; 

4 ‘‘(II) the date and amount of such 

5 payment; and 

6 ‘‘(III) the aggregate amount of all 

7 such payments made by the person during 

8 the period beginning on the first day of the 

9 election reporting cycle (or, if earlier, the 

10 period beginning one year before the dis11 closure date) and ending on the disclosure 

12 date, 

13 but only if such payment was made by a person 

14 who made payments to the covered organization 

15 in an aggregate amount of $10,000 or more 

16 during the period beginning on the first day of 

17 the election reporting cycle (or, if earlier, the 

18 period beginning one year before the disclosure 

19 date) and ending on the disclosure date. 

20 ‘‘(ii) In any calendar year after 2022, sec21 tion 315(c)(1)(B) shall apply to the amount de22 scribed in clause (i) in the same manner as 

23 such section applies to the limitations estab24 lished under subsections (a)(1)(A), (a)(1)(B), 

25 (a)(3), and (h) of such section, except that for 


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1 purposes of applying such section to the 

2 amounts described in subsection (b), the ‘base 

3 period’ shall be 2022. 

4 ‘‘(G) Such other information as required in 

5 rules established by the Commission to promote 

6 the purposes of this section. 

7 ‘‘(3) EXCEPTIONS.— 

8 ‘‘(A) AMOUNTS RECEIVED IN ORDINARY

9 COURSE OF BUSINESS.—The requirement to in10 clude in a statement filed under paragraph (1) 

11 the information described in paragraph (2) 

12 shall not apply to amounts received by the cov13 ered organization in commercial transactions in 

14 the ordinary course of any trade or business 

15 conducted by the covered organization or in the 

16 form of investments (other than investments by 

17 the principal shareholder in a limited liability 

18 corporation) in the covered organization. For 

19 purposes of this subparagraph, amounts re20 ceived by a covered organization as remittances 

21 from an employee to the employee’s collective 

22 bargaining representative shall be treated as 

23 amounts received in commercial transactions in 

24 the ordinary course of the business conducted 

25 by the covered organization. 


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1 ‘‘(B) DONOR RESTRICTION ON USE OF

2 FUNDS.—The requirement to include in a state3 ment submitted under paragraph (1) the infor4 mation described in subparagraph (F) of para5 graph (2) shall not apply if— 

6 ‘‘(i) the person described in such sub7 paragraph prohibited, in writing, the use of 

8 the payment made by such person for cam9 paign-related disbursements; and 

10 ‘‘(ii) the covered organization agreed 

11 to follow the prohibition and deposited the 

12 payment in an account which is segregated 

13 from any account used to make campaign14 related disbursements. 

15 ‘‘(C) THREAT OF HARASSMENT OR RE16 PRISAL.—The requirement to include any infor17 mation relating to the name or address of any 

18 person (other than a candidate) in a statement 

19 submitted under paragraph (1) shall not apply 

20 if the inclusion of the information would subject 

21 the person to serious threats, harassment, or 

22 reprisals. 

23 ‘‘(4) OTHER DEFINITIONS.—For purposes of 

24 this section: 

25 ‘‘(A) BENEFICIAL OWNER DEFINED.— 


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1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clause (ii), the term ‘beneficial 

3 owner’ means, with respect to any entity, 

4 a natural person who, directly or indi5 rectly— 

6 ‘‘(I) exercises substantial control 

7 over an entity through ownership, vot8 ing rights, agreement, or otherwise; or 

9 ‘‘(II) has a substantial interest in 

10 or receives substantial economic bene11 fits from the assets of an entity. 

12 ‘‘(ii) EXCEPTIONS.—The term ‘bene13 ficial owner’ shall not include— 

14 ‘‘(I) a minor child; 

15 ‘‘(II) a person acting as a nomi16 nee, intermediary, custodian, or agent 

17 on behalf of another person; 

18 ‘‘(III) a person acting solely as 

19 an employee of an entity and whose 

20 control over or economic benefits from 

21 the entity derives solely from the em22 ployment status of the person; 

23 ‘‘(IV) a person whose only inter24 est in an entity is through a right of 

25 inheritance, unless the person also 


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1 meets the requirements of clause (i); 

2 or 

3 ‘‘(V) a creditor of an entity, un4 less the creditor also meets the re5 quirements of clause (i). 

6 ‘‘(iii) ANTI-ABUSE RULE.—The excep7 tions under clause (ii) shall not apply if 

8 used for the purpose of evading, circum9 venting, or abusing the provisions of clause 

10 (i) or paragraph (2)(A). 

11 ‘‘(B) DISCLOSURE DATE.—The term ‘dis12 closure date’ means— 

13 ‘‘(i) the first date during any election 

14 reporting cycle by which a person has 

15 made campaign-related disbursements ag16 gregating more than $10,000; and 

17 ‘‘(ii) any other date during such elec18 tion reporting cycle by which a person has 

19 made campaign-related disbursements ag20 gregating more than $10,000 since the 

21 most recent disclosure date for such elec22 tion reporting cycle. 

23 ‘‘(C) ELECTION REPORTING CYCLE.—The 

24 term ‘election reporting cycle’ means the 2-year 

25 period beginning on the date of the most recent 


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1 general election for Federal office, except that 

2 in the case of a campaign-related disbursement 

3 for a Federal judicial nomination communica4 tion, such term means any calendar year in 

5 which the campaign-related disbursement is 

6 made. 

7 ‘‘(D) PAYMENT.—The term ‘payment’ in8 cludes any contribution, donation, transfer, pay9 ment of dues, or other payment. 

10 ‘‘(b) COORDINATION WITH OTHER PROVISIONS.— 

11 ‘‘(1) OTHER REPORTS FILED WITH THE COM12 MISSION.—Information included in a statement filed 

13 under this section may be excluded from statements 

14 and reports filed under section 304. 

15 ‘‘(2) TREATMENT AS SEPARATE SEGREGATED

16 FUND.—A segregated bank account referred to in 

17 subsection (a)(2)(E) may be treated as a separate 

18 segregated fund for purposes of section 527(f)(3) of 

19 the Internal Revenue Code of 1986. 

20 ‘‘(c) FILING.—Statements required to be filed under 

21 subsection (a) shall be subject to the requirements of sec22 tion 304(d) to the same extent and in the same manner 

23 as if such reports had been required under subsection (c) 

24 or (g) of section 304. 


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1 ‘‘(d) CAMPAIGN-RELATED DISBURSEMENT DE2 FINED.— 

3 ‘‘(1) IN GENERAL.—In this section, the term 

4 ‘campaign-related disbursement’ means a disburse5 ment by a covered organization for any of the fol6 lowing: 

7 ‘‘(A) An independent expenditure which ex8 pressly advocates the election or defeat of a 

9 clearly identified candidate for election for Fed10 eral office, or is the functional equivalent of ex11 press advocacy because, when taken as a whole, 

12 it can be interpreted by a reasonable person 

13 only as advocating the election or defeat of a 

14 candidate for election for Federal office. 

15 ‘‘(B) Any public communication which re16 fers to a clearly identified candidate for election 

17 for Federal office and which promotes or sup18 ports the election of a candidate for that office, 

19 or attacks or opposes the election of a candidate 

20 for that office, without regard to whether the 

21 communication expressly advocates a vote for or 

22 against a candidate for that office. 

23 ‘‘(C) An electioneering communication, as 

24 defined in section 304(f)(3). 


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1 ‘‘(D) A Federal judicial nomination com2 munication. 

3 ‘‘(E) A covered transfer. 

4 ‘‘(2) FEDERAL JUDICIAL NOMINATION COMMU5 NICATION.— 

6 ‘‘(A) IN GENERAL.—The term ‘Federal ju7 dicial nomination communication’ means any 

8 communication— 

9 ‘‘(i) that is by means of any broad10 cast, cable, or satellite, paid internet, or 

11 paid digital communication, paid pro12 motion, newspaper, magazine, outdoor ad13 vertising facility, mass mailing, telephone 

14 bank, telephone messaging effort of more 

15 than 500 substantially similar calls or elec16 tronic messages within a 30-day period, or 

17 any other form of general public political 

18 advertising; and 

19 ‘‘(ii) which promotes, supports, at20 tacks, or opposes the nomination or Senate 

21 confirmation of an individual as a Federal 

22 judge or justice. 

23 ‘‘(B) EXCEPTION.—Such term shall not in24 clude any news story, commentary, or editorial 

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1 casting station or any print, online, or digital 

2 newspaper, magazine, publication, or periodical, 

3 unless such facilities are owned or controlled by 

4 any political party, political committee, or can5 didate. 

6 ‘‘(3) EXCEPTION.—The term ‘campaign-related 

7 disbursement’ does not include any news story, com8 mentary, or editorial distributed through the facili9 ties of any broadcasting station or any print, online, 

10 or digital newspaper, magazine, publication, or peri11 odical, unless such facilities are owned or controlled 

12 by any political party, political committee, or can13 didate. 

14 ‘‘(4) INTENT NOT REQUIRED.—A disbursement 

15 for an item described in subparagraph (A), (B), (C), 

16 (D), or (E) of paragraph (1) shall be treated as a 

17 campaign-related disbursement regardless of the in18 tent of the person making the disbursement. 

19 ‘‘(e) COVERED ORGANIZATION DEFINED.—In this 

20 section, the term ‘covered organization’ means any of the 

21 following: 

22 ‘‘(1) A corporation (other than an organization 

23 described in section 501(c)(3) of the Internal Rev24 enue Code of 1986). 


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1 ‘‘(2) A limited liability corporation that is not 

2 otherwise treated as a corporation for purposes of 

3 this Act (other than an organization described in 

4 section 501(c)(3) of the Internal Revenue Code of 

5 1986). 

6 ‘‘(3) An organization described in section 

7 501(c) of such Code and exempt from taxation 

8 under section 501(a) of such Code (other than an 

9 organization described in section 501(c)(3) of such 

10 Code). 

11 ‘‘(4) A labor organization (as defined in section 

12 316(b)). 

13 ‘‘(5) Any political organization under section 

14 527 of the Internal Revenue Code of 1986, other 

15 than a political committee under this Act (except as 

16 provided in paragraph (6)). 

17 ‘‘(6) A political committee with an account that 

18 accepts donations or contributions that do not com19 ply with the contribution limits or source prohibi20 tions under this Act, but only with respect to such 

21 accounts. 

22 ‘‘(f) COVERED TRANSFER DEFINED.— 

23 ‘‘(1) IN GENERAL.—In this section, the term 

24 ‘covered transfer’ means any transfer or payment of 


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1 funds by a covered organization to another person if 

2 the covered organization— 

3 ‘‘(A) designates, requests, or suggests that 

4 the amounts be used for— 

5 ‘‘(i) campaign-related disbursements 

6 (other than covered transfers); or 

7 ‘‘(ii) making a transfer to another 

8 person for the purpose of making or pay9 ing for such campaign-related disburse10 ments; 

11 ‘‘(B) made such transfer or payment in re12 sponse to a solicitation or other request for a 

13 donation or payment for— 

14 ‘‘(i) the making of or paying for cam15 paign-related disbursements (other than 

16 covered transfers); or 

17 ‘‘(ii) making a transfer to another 

18 person for the purpose of making or pay19 ing for such campaign-related disburse20 ments; 

21 ‘‘(C) engaged in discussions with the re22 cipient of the transfer or payment regarding— 

23 ‘‘(i) the making of or paying for cam24 paign-related disbursements (other than 

25 covered transfers); or 


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1 ‘‘(ii) donating or transferring any 

2 amount of such transfer or payment to an3 other person for the purpose of making or 

4 paying for such campaign-related disburse5 ments; 

6 ‘‘(D) made campaign-related disburse7 ments (other than a covered transfer) in an ag8 gregate amount of $50,000 or more during the 

9 2-year period ending on the date of the transfer 

10 or payment, or knew or had reason to know 

11 that the person receiving the transfer or pay12 ment made such disbursements in such an ag13 gregate amount during that 2-year period; or 

14 ‘‘(E) knew or had reason to know that the 

15 person receiving the transfer or payment would 

16 make campaign-related disbursements in an ag17 gregate amount of $50,000 or more during the 

18 2-year period beginning on the date of the 

19 transfer or payment. 

20 ‘‘(2) EXCLUSIONS.—The term ‘covered transfer’ 

21 does not include any of the following: 

22 ‘‘(A) A disbursement made by a covered 

23 organization in a commercial transaction in the 

24 ordinary course of any trade or business con25 ducted by the covered organization or in the 


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1 form of investments made by the covered orga2 nization. 

3 ‘‘(B) A disbursement made by a covered 

4 organization if— 

5 ‘‘(i) the covered organization prohib6 ited, in writing, the use of such disburse7 ment for campaign-related disbursements; 

8 and 

9 ‘‘(ii) the recipient of the disbursement 

10 agreed to follow the prohibition and depos11 ited the disbursement in an account which 

12 is segregated from any account used to 

13 make campaign-related disbursements. 

14 ‘‘(3) SPECIAL RULE REGARDING TRANSFERS

15 AMONG AFFILIATES.— 

16 ‘‘(A) SPECIAL RULE.—A transfer of an 

17 amount by one covered organization to another 

18 covered organization which is treated as a 

19 transfer between affiliates under subparagraph 

20 (C) shall be considered a covered transfer by 

21 the covered organization which transfers the 

22 amount only if the aggregate amount trans23 ferred during the year by such covered organi24 zation to that same covered organization is 

25 equal to or greater than $50,000. 


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1 ‘‘(B) DETERMINATION OF AMOUNT OF

2 CERTAIN PAYMENTS AMONG AFFILIATES.—In 

3 determining the amount of a transfer between 

4 affiliates for purposes of subparagraph (A), to 

5 the extent that the transfer consists of funds 

6 attributable to dues, fees, or assessments which 

7 are paid by individuals on a regular, periodic 

8 basis in accordance with a per-individual cal9 culation which is made on a regular basis, the 

10 transfer shall be attributed to the individuals 

11 paying the dues, fees, or assessments and shall 

12 not be attributed to the covered organization. 

13 ‘‘(C) DESCRIPTION OF TRANSFERS BE14 TWEEN AFFILIATES.—A transfer of amounts 

15 from one covered organization to another cov16 ered organization shall be treated as a transfer 

17 between affiliates if— 

18 ‘‘(i) one of the organizations is an af19 filiate of the other organization; or 

20 ‘‘(ii) each of the organizations is an 

21 affiliate of the same organization, 

22 except that the transfer shall not be treated as 

23 a transfer between affiliates if one of the orga24 nizations is established for the purpose of mak25 ing campaign-related disbursements. 


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1 ‘‘(D) DETERMINATION OF AFFILIATE STA2 TUS.—For purposes of subparagraph (C), a 

3 covered organization is an affiliate of another 

4 covered organization if— 

5 ‘‘(i) the governing instrument of the 

6 organization requires it to be bound by de7 cisions of the other organization; 

8 ‘‘(ii) the governing board of the orga9 nization includes persons who are specifi10 cally designated representatives of the 

11 other organization or are members of the 

12 governing board, officers, or paid executive 

13 staff members of the other organization, or 

14 whose service on the governing board is 

15 contingent upon the approval of the other 

16 organization; or 

17 ‘‘(iii) the organization is chartered by 

18 the other organization. 

19 ‘‘(E) COVERAGE OF TRANSFERS TO AF20 FILIATED SECTION 501(c)(3) ORGANIZA21 TIONS.—This paragraph shall apply with re22 spect to an amount transferred by a covered or23 ganization to an organization described in para24 graph (3) of section 501(c) of the Internal Rev25 enue Code of 1986 and exempt from tax under 


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1 section 501(a) of such Code in the same man2 ner as this paragraph applies to an amount 

3 transferred by a covered organization to an4 other covered organization. 

5 ‘‘(g) NO EFFECT ON OTHER REPORTING REQUIRE6 MENTS.—Nothing in this section shall be construed to 

7 waive or otherwise affect any other requirement of this 

8 Act which relates to the reporting of campaign-related dis9 bursements.’’. 

10 (2) CONFORMING AMENDMENT.—Section 

11 304(f)(6) of such Act (52 U.S.C. 30104) is amended 

12 by striking ‘‘Any requirement’’ and inserting ‘‘Ex13 cept as provided in section 324(b), any require14 ment’’. 

15 (b) COORDINATION WITH FINCEN.— 

16 (1) IN GENERAL.—The Director of the Finan17 cial Crimes Enforcement Network of the Depart18 ment of the Treasury shall provide the Federal Elec19 tion Commission with such information as necessary 

20 to assist in administering and enforcing section 324 

21 of the Federal Election Campaign Act of 1971, as 

22 added by this section. 

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

24 the date of the enactment of this Act, the Chairman 

25 of the Federal Election Commission, in consultation 


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1 with the Director of the Financial Crimes Enforce2 ment Network of the Department of the Treasury, 

3 shall submit to Congress a report with recommenda4 tions for providing further legislative authority to as5 sist in the administration and enforcement of such 

6 section 324. 

7 SEC. 4112. APPLICATION OF FOREIGN MONEY BAN TO DIS8 BURSEMENTS FOR CAMPAIGN-RELATED DIS9 BURSEMENTS CONSISTING OF COVERED 

10 TRANSFERS. 

11 Section 319(a)(1)(A) of the Federal Election Cam12 paign Act of 1971 (52 U.S.C. 30121(a)(1)(A)), as amend13 ed by section 4102, is amended by striking the semicolon 

14 at the end and inserting the following: ‘‘, and any dis15 bursement, other than an disbursement described in sec16 tion 324(a)(3)(A), to another person who made a cam17 paign-related disbursement consisting of a covered trans18 fer (as described in section 324) during the 2-year period 

19 ending on the date of the disbursement;’’. 

20 SEC. 4113. EFFECTIVE DATE. 

21 The amendments made by this part shall apply with 

22 respect to disbursements made on or after January 1, 

23 2022, and shall take effect without regard to whether or 

24 not the Federal Election Commission has promulgated 

25 regulations to carry out such amendments. 


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1 PART 3—OTHER ADMINISTRATIVE REFORMS 

2 SEC. 4121. PETITION FOR CERTIORARI. 

3 Section 307(a)(6) of the Federal Election Campaign 

4 Act of 1971 (52 U.S.C. 30107(a)(6)) is amended by in5 serting ‘‘(including a proceeding before the Supreme 

6 Court on certiorari)’’ after ‘‘appeal’’. 

7 SEC. 4122. JUDICIAL REVIEW OF ACTIONS RELATED TO 

8 CAMPAIGN FINANCE LAWS. 

9 (a) IN GENERAL.—Title IV of the Federal Election 

10 Campaign Act of 1971 (52 U.S.C. 30141 et seq.) is 

11 amended by inserting after section 406 the following new 

12 section: 

13 ‘‘SEC. 407. JUDICIAL REVIEW. 

14 ‘‘(a) IN GENERAL.—Notwithstanding section 373(f), 

15 if any action is brought for declaratory or injunctive relief 

16 to challenge, whether facially or as-applied, the constitu17 tionality or lawfulness of any provision of this Act or of 

18 chapter 95 or 96 of the Internal Revenue Code of 1986, 

19 or is brought to with respect to any action of the Commis20 sion under chapter 95 or 96 of the Internal Revenue Code 

21 of 1986, the following rules shall apply: 

22 ‘‘(1) The action shall be filed in the United 

23 States District Court for the District of Columbia 

24 and an appeal from the decision of the district court 

25 may be taken to the Court of Appeals for the Dis26 trict of Columbia Circuit. 


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1 ‘‘(2) In the case of an action relating to declar2 atory or injunctive relief to challenge the constitu3 tionality of a provision, the party filing the action 

4 shall concurrently deliver a copy the complaint to 

5 the Clerk of the House of Representatives and the 

6 Secretary of the Senate. 

7 ‘‘(3) It shall be the duty of the United States 

8 District Court for the District of Columbia and the 

9 Court of Appeals for the District of Columbia Cir10 cuit to advance on the docket and to expedite to the 

11 greatest possible extent the disposition of the action 

12 and appeal. 

13 ‘‘(b) CLARIFYING SCOPE OF JURISDICTION.—If an 

14 action at the time of its commencement is not subject to 

15 subsection (a), but an amendment, counterclaim, cross16 claim, affirmative defense, or any other pleading or motion 

17 is filed challenging, whether facially or as-applied, the con18 stitutionality or lawfulness of this Act or of chapter 95 

19 or 96 of the Internal Revenue Code of 1986, or is brought 

20 to with respect to any action of the Commission under 

21 chapter 95 or 96 of the Internal Revenue Code of 1986, 

22 the district court shall transfer the action to the District 

23 Court for the District of Columbia, and the action shall 

24 thereafter be conducted pursuant to subsection (a). 


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1 ‘‘(c) INTERVENTION BY MEMBERS OF CONGRESS.— 

2 In any action described in subsection (a) relating to de3 claratory or injunctive relief to challenge the constitu4 tionality of a provision, any Member of the House of Rep5 resentatives (including a Delegate or Resident Commis6 sioner to the Congress) or Senate shall have the right to 

7 intervene either in support of or opposition to the position 

8 of a party to the case regarding the constitutionality of 

9 the provision. To avoid duplication of efforts and reduce 

10 the burdens placed on the parties to the action, the court 

11 in any such action may make such orders as it considers 

12 necessary, including orders to require interveners taking 

13 similar positions to file joint papers or to be represented 

14 by a single attorney at oral argument. 

15 ‘‘(d) CHALLENGE BY MEMBERS OF CONGRESS.—Any 

16 Member of Congress may bring an action, subject to the 

17 special rules described in subsection (a), for declaratory 

18 or injunctive relief to challenge, whether facially or as-ap19 plied, the constitutionality of any provision of this Act or 

20 chapter 95 or 96 of the Internal Revenue Code of 1986.’’. 

21 (b) CONFORMING AMENDMENTS.— 

22 (1) Section 9011 of the Internal Revenue Code 

23 of 1986 is amended to read as follows: 


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1 ‘‘SEC. 9011. JUDICIAL REVIEW. 

2 ‘‘For provisions relating to judicial review of certifi3 cations, determinations, and actions by the Commission 

4 under this chapter, see section 407 of the Federal Election 

5 Campaign Act of 1971.’’. 

6 (2) Section 9041 of the Internal Revenue Code 

7 of 1986 is amended to read as follows: 

8 ‘‘SEC. 9041. JUDICIAL REVIEW. 

9 ‘‘For provisions relating to judicial review of actions 

10 by the Commission under this chapter, see section 407 of 

11 the Federal Election Campaign Act of 1971.’’. 

12 (3) Section 310 of the Federal Election Cam13 paign Act of 1971 (52 U.S.C. 30110) is repealed. 

14 (4) Section 403 of the Bipartisan Campaign 

15 Reform Act of 2002 (52 U.S.C. 30110 note) is re16 pealed. 

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

18 this section shall apply to actions brought on or after Jan19 uary 1, 2021. 


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1 PART 4—DISCLOSURE OF CONTRIBUTIONS TO 

2 POLITICAL COMMITTEES IMMEDIATELY 

3 PRIOR TO ELECTION 

4 SEC. 4131. DISCLOSURE OF CONTRIBUTIONS TO POLITICAL 

5 COMMITTEES IMMEDIATELY PRIOR TO ELEC6 TION. 

7 (a) DISCLOSURE.—Section 304(a)(6) of the Federal 

8 Election Campaign Act of 1971 (52 U.S.C. 30104(a)(6)) 

9 is amended— 

10 (1) by redesignating subparagraphs (D) and 

11 (E) as subparagraphs (E) and (F); and 

12 (2) by inserting after subparagraph (C) the fol13 lowing new subparagraph: 

14 ‘‘(D)(i) A political committee, including a super PAC, 

15 shall notify the Commission of any contribution or dona16 tion of more than $5,000 received by the committee during 

17 the period beginning on the 20th day before any election 

18 in connection with which the committee makes a contribu19 tion or expenditure and ending 48 hours before such an 

20 election. 

21 ‘‘(ii) The committee shall make the notification under 

22 clause (i) not later than 48 hours after the receipt of the 

23 contribution or donation involved, and shall include the 

24 name of the committee, the name of the person making 

25 the contribution or donation, and the date and amount 

26 of the contribution or donation. 


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1 ‘‘(iii) For purposes of this subparagraph, a pledge, 

2 promise, understanding, or agreement to make a contribu3 tion or expenditure with respect to an election shall be 

4 treated as the making of a contribution or expenditure 

5 with respect to the election. 

6 ‘‘(iv) This subparagraph does not apply to an author7 ized committee of a candidate or any committee of a polit8 ical party. 

9 ‘‘(v) In this subparagraph, the term ‘super PAC’ 

10 means a political committee which accepts donations or 

11 contributions that do not comply with the limitations, pro12 hibitions, and reporting requirements of this Act, and in13 cludes an account of such a committee which is established 

14 for the purpose of accepting such donations or contribu15 tions.’’. 

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

17 subsection (a) shall apply with respect to elections occur18 ring during 2022 or any succeeding year. 

19 Subtitle C—Strengthening Over20 sight of Online Political Adver21 tising 

22 SEC. 4201. SHORT TITLE. 

23 This subtitle may be cited as the ‘‘Honest Ads Act’’. 


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1 SEC. 4202. PURPOSE. 

2 The purpose of this subtitle is to enhance the integ3 rity of American democracy and national security by im4 proving disclosure requirements for online political adver5 tisements in order to uphold the Supreme Court’s well6 established standard that the electorate bears the right to 

7 be fully informed. 

8 SEC. 4203. FINDINGS. 

9 Congress makes the following findings: 

10 (1) On January 6, 2017, the Office of the Di11 rector of National Intelligence published a report ti12 tled ‘‘Assessing Russian Activities and Intentions in 

13 Recent U.S. Elections’’, noting that ‘‘Russian Presi14 dent Vladimir Putin ordered an influence campaign 

15 in 2016 aimed at the US presidential election * * 

16 *’’. Moscow’s influence campaign followed a Russian 

17 messaging strategy that blends covert intelligence 

18 operation—such as cyber activity—with overt efforts 

19 by Russian Government agencies, state-funded 

20 media, third-party intermediaries, and paid social 

21 media users or ‘‘trolls’’. 

22 (2) On November 24, 2016, The Washington 

23 Post reported findings from 2 teams of independent 

24 researchers that concluded Russians ‘‘exploited 

25 American-made technology platforms to attack U.S. 

26 democracy at a particularly vulnerable moment * * 


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1 * as part of a broadly effective strategy of sowing 

2 distrust in U.S. democracy and its leaders.’’. 

3 (3) Findings from a 2017 study on the manipu4 lation of public opinion through social media con5 ducted by the Computational Propaganda Research 

6 Project at the Oxford Internet Institute found that 

7 the Kremlin is using pro-Russian bots to manipulate 

8 public discourse to a highly targeted audience. With 

9 a sample of nearly 1,300,000 tweets, researchers 

10 found that in the 2016 election’s 3 decisive States, 

11 propaganda constituted 40 percent of the sampled 

12 election-related tweets that went to Pennsylvanians, 

13 34 percent to Michigan voters, and 30 percent to 

14 those in Wisconsin. In other swing States, the figure 

15 reached 42 percent in Missouri, 41 percent in Flor16 ida, 40 percent in North Carolina, 38 percent in 

17 Colorado, and 35 percent in Ohio. 

18 (4) On September 6, 2017, the Nation’s largest 

19 social media platform disclosed that between June 

20 2015 and May 2017, Russian entities purchased 

21 $100,000 in political advertisements, publishing 

22 roughly 3,000 ads linked to fake accounts associated 

23 with the Internet Research Agency, a pro-Kremlin 

24 organization. According to the company, the ads 


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1 purchased focused ‘‘on amplifying divisive social and 

2 political messages * * *’’. 

3 (5) In 2002, the Bipartisan Campaign Reform 

4 Act became law, establishing disclosure requirements 

5 for political advertisements distributed from a tele6 vision or radio broadcast station or provider of cable 

7 or satellite television. In 2003, the Supreme Court 

8 upheld regulations on electioneering communications 

9 established under the Act, noting that such require10 ments ‘‘provide the electorate with information and 

11 insure that the voters are fully informed about the 

12 person or group who is speaking.’’. 

13 (6) According to a study from Borrell Associ14 ates, in 2016, $1,415,000,000 was spent on online 

15 advertising, more than quadruple the amount in 

16 2012. 

17 (7) The reach of a few large internet plat18 forms—larger than any broadcast, satellite, or cable 

19 provider—has greatly facilitated the scope and effec20 tiveness of disinformation campaigns. For instance, 

21 the largest platform has over 210,000,000 Ameri22 cans users—over 160,000,000 of them on a daily 

23 basis. By contrast, the largest cable television pro24 vider has 22,430,000 subscribers, while the largest 

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1 scribers. And the most-watched television broadcast 

2 in United States history had 118,000,000 viewers. 

3 (8) The public nature of broadcast television, 

4 radio, and satellite ensures a level of publicity for 

5 any political advertisement. These communications 

6 are accessible to the press, fact-checkers, and polit7 ical opponents; this creates strong disincentives for 

8 a candidate to disseminate materially false, inflam9 matory, or contradictory messages to the public. So10 cial media platforms, in contrast, can target portions 

11 of the electorate with direct, ephemeral advertise12 ments often on the basis of private information the 

13 platform has on individuals, enabling political adver14 tisements that are contradictory, racially or socially 

15 inflammatory, or materially false. 

16 (9) According to comScore, 2 companies own 8 

17 of the 10 most popular smart phone applications as 

18 of June 2017, including the most popular social 

19 media and email services—which deliver information 

20 and news to users without requiring proactivity by 

21 the user. Those same 2 companies accounted for 99 

22 percent of revenue growth from digital advertising in 

23 2016, including 77 percent of gross spending. 79 

24 percent of online Americans—representing 68 per25 cent of all Americans—use the single largest social 


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1 network, while 66 percent of these users are most 

2 likely to get their news from that site. 

3 (10) In its 2006 rulemaking, the Federal Elec4 tion Commission noted that only 18 percent of all 

5 Americans cited the internet as their leading source 

6 of news about the 2004 Presidential election; by con7 trast, the Pew Research Center found that 65 per8 cent of Americans identified an internet-based 

9 source as their leading source of information for the 

10 2016 election. 

11 (11) The Federal Election Commission, the 

12 independent Federal agency charged with protecting 

13 the integrity of the Federal campaign finance proc14 ess by providing transparency and administering 

15 campaign finance laws, has failed to take action to 

16 address online political advertisements. 

17 (12) In testimony before the Senate Select 

18 Committee on Intelligence titled, ‘‘Disinformation: A 

19 Primer in Russian Active Measures and Influence 

20 Campaigns’’, multiple expert witnesses testified that 

21 while the disinformation tactics of foreign adver22 saries have not necessarily changed, social media 

23 services now provide ‘‘platform[s] practically pur24 pose-built for active measures[.]’’ Similarly, as Gen. 

25 Keith B. Alexander (RET.), the former Director of 


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1 the National Security Agency, testified, during the 

2 Cold War ‘‘if the Soviet Union sought to manipulate 

3 information flow, it would have to do so principally 

4 through its own propaganda outlets or through ac5 tive measures that would generate specific news: 

6 planting of leaflets, inciting of violence, creation of 

7 other false materials and narratives. But the news 

8 itself was hard to manipulate because it would have 

9 required actual control of the organs of media, which 

10 took long-term efforts to penetrate. Today, however, 

11 because the clear majority of the information on so12 cial media sites is uncurated and there is a rapid 

13 proliferation of information sources and other sites 

14 that can reinforce information, there is an increasing 

15 likelihood that the information available to average 

16 consumers may be inaccurate (whether intentionally 

17 or otherwise) and may be more easily manipulable 

18 than in prior eras.’’. 

19 (13) Current regulations on political advertise20 ments do not provide sufficient transparency to up21 hold the public’s right to be fully informed about po22 litical advertisements made online. 

23 SEC. 4204. SENSE OF CONGRESS. 

24 It is the sense of Congress that— 


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1 (1) the dramatic increase in digital political ad2 vertisements, and the growing centrality of online 

3 platforms in the lives of Americans, requires the 

4 Congress and the Federal Election Commission to 

5 take meaningful action to ensure that laws and reg6 ulations provide the accountability and transparency 

7 that is fundamental to our democracy; 

8 (2) free and fair elections require both trans9 parency and accountability which give the public a 

10 right to know the true sources of funding for polit11 ical advertisements in order to make informed polit12 ical choices and hold elected officials accountable; 

13 and 

14 (3) transparency of funding for political adver15 tisements is essential to enforce other campaign fi16 nance laws, including the prohibition on campaign 

17 spending by foreign nationals. 

18 SEC. 4205. EXPANSION OF DEFINITION OF PUBLIC COMMU19 NICATION. 

20 (a) IN GENERAL.—Paragraph (22) of section 301 of 

21 the Federal Election Campaign Act of 1971 (52 U.S.C. 

22 30101(22)) is amended by striking ‘‘or satellite commu23 nication’’ and inserting ‘‘satellite, paid internet, or paid 

24 digital communication’’. 


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1 (b) TREATMENT OF CONTRIBUTIONS AND EXPENDI2 TURES.—Section 301 of such Act (52 U.S.C. 30101) is 

3 amended— 

4 (1) in paragraph (8)(B)(v), by striking ‘‘on 

5 broadcasting stations, or in newspapers, magazines, 

6 or similar types of general public political adver7 tising’’ and inserting ‘‘in any public communica8 tion’’; and 

9 (2) in paragraph (9)(B)— 

10 (A) by amending clause (i) to read as fol11 lows: 

12 ‘‘(i) any news story, commentary, or 

13 editorial distributed through the facilities 

14 of any broadcasting station or any print, 

15 online, or digital newspaper, magazine, 

16 blog, publication, or periodical, unless such 

17 broadcasting, print, online, or digital facili18 ties are owned or controlled by any polit19 ical party, political committee, or can20 didate;’’; and 

21 (B) in clause (iv), by striking ‘‘on broad22 casting stations, or in newspapers, magazines, 

23 or similar types of general public political ad24 vertising’’ and inserting ‘‘in any public commu25 nication’’. 


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1 (c) DISCLOSURE AND DISCLAIMER STATEMENTS.— 

2 Subsection (a) of section 318 of such Act (52 U.S.C. 

3 30120) is amended— 

4 (1) by striking ‘‘financing any communication 

5 through any broadcasting station, newspaper, maga6 zine, outdoor advertising facility, mailing, or any 

7 other type of general public political advertising’’ 

8 and inserting ‘‘financing any public communication’’; 

9 and 

10 (2) by striking ‘‘solicits any contribution 

11 through any broadcasting station, newspaper, maga12 zine, outdoor advertising facility, mailing, or any 

13 other type of general public political advertising’’ 

14 and inserting ‘‘solicits any contribution through any 

15 public communication’’. 

16 SEC. 4206. EXPANSION OF DEFINITION OF ELECTION17 EERING COMMUNICATION. 

18 (a) EXPANSION TO ONLINE COMMUNICATIONS.— 

19 (1) APPLICATION TO QUALIFIED INTERNET AND

20 DIGITAL COMMUNICATIONS.— 

21 (A) IN GENERAL.—Subparagraph (A) of 

22 section 304(f)(3) of the Federal Election Cam23 paign Act of 1971 (52 U.S.C. 30104(f)(3)(A)) 

24 is amended by striking ‘‘or satellite communica25 tion’’ each place it appears in clauses (i) and 


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1 (ii) and inserting ‘‘satellite, or qualified internet 

2 or digital communication’’. 

3 (B) QUALIFIED INTERNET OR DIGITAL

4 COMMUNICATION.—Paragraph (3) of section 

5 304(f) of such Act (52 U.S.C. 30104(f)) is 

6 amended by adding at the end the following 

7 new subparagraph: 

8 ‘‘(D) QUALIFIED INTERNET OR DIGITAL

9 COMMUNICATION.—The term ‘qualified internet 

10 or digital communication’ means any commu11 nication which is placed or promoted for a fee 

12 on an online platform (as defined in subsection 

13 (k)(3)).’’. 

14 (2) NONAPPLICATION OF RELEVANT ELEC15 TORATE TO ONLINE COMMUNICATIONS.—Section 

16 304(f)(3)(A)(i)(III) of such Act (52 U.S.C. 

17 30104(f)(3)(A)(i)(III)) is amended by inserting ‘‘any 

18 broadcast, cable, or satellite’’ before ‘‘communica19 tion’’. 

20 (3) NEWS EXEMPTION.—Section 

21 304(f)(3)(B)(i) of such Act (52 U.S.C. 

22 30104(f)(3)(B)(i)) is amended to read as follows: 

23 ‘‘(i) a communication appearing in a 

24 news story, commentary, or editorial dis25 tributed through the facilities of any 


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1 broadcasting station or any online or dig2 ital newspaper, magazine, blog, publica3 tion, or periodical, unless such broad4 casting, online, or digital facilities are 

5 owned or controlled by any political party, 

6 political committee, or candidate;’’. 

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

8 this section shall apply with respect to communications 

9 made on or after January 1, 2022. 

10 SEC. 4207. APPLICATION OF DISCLAIMER STATEMENTS TO 

11 ONLINE COMMUNICATIONS. 

12 (a) CLEAR AND CONSPICUOUS MANNER REQUIRE13 MENT.—Subsection (a) of section 318 of the Federal Elec14 tion Campaign Act of 1971 (52 U.S.C. 30120(a)) is 

15 amended— 

16 (1) by striking ‘‘shall clearly state’’ each place 

17 it appears in paragraphs (1), (2), and (3) and in18 serting ‘‘shall state in a clear and conspicuous man19 ner’’; and 

20 (2) by adding at the end the following flush 

21 sentence: ‘‘For purposes of this section, a commu22 nication does not make a statement in a clear and 

23 conspicuous manner if it is difficult to read or hear 

24 or if the placement is easily overlooked.’’. 


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1 (b) SPECIAL RULES FOR QUALIFIED INTERNET OR

2 DIGITAL COMMUNICATIONS.— 

3 (1) IN GENERAL.—Section 318 of such Act (52 

4 U.S.C. 30120) is amended by adding at the end the 

5 following new subsection: 

6 ‘‘(e) SPECIAL RULES FOR QUALIFIED INTERNET OR

7 DIGITAL COMMUNICATIONS.— 

8 ‘‘(1) SPECIAL RULES WITH RESPECT TO STATE9 MENTS.—In the case of any qualified internet or 

10 digital communication (as defined in section 

11 304(f)(3)(D)) which is disseminated through a me12 dium in which the provision of all of the information 

13 specified in this section is not possible, the commu14 nication shall, in a clear and conspicuous manner— 

15 ‘‘(A) state the name of the person who 

16 paid for the communication; and 

17 ‘‘(B) provide a means for the recipient of 

18 the communication to obtain the remainder of 

19 the information required under this section with 

20 minimal effort and without receiving or viewing 

21 any additional material other than such re22 quired information. 

23 ‘‘(2) SAFE HARBOR FOR DETERMINING CLEAR

24 AND CONSPICUOUS MANNER.—A statement in quali25 fied internet or digital communication (as defined in 


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1 section 304(f)(3)(D)) shall be considered to be made 

2 in a clear and conspicuous manner as provided in 

3 subsection (a) if the communication meets the fol4 lowing requirements: 

5 ‘‘(A) TEXT OR GRAPHIC COMMUNICA6 TIONS.—In the case of a text or graphic com7 munication, the statement— 

8 ‘‘(i) appears in letters at least as large 

9 as the majority of the text in the commu10 nication; and 

11 ‘‘(ii) meets the requirements of para12 graphs (2) and (3) of subsection (c). 

13 ‘‘(B) AUDIO COMMUNICATIONS.—In the 

14 case of an audio communication, the statement 

15 is spoken in a clearly audible and intelligible 

16 manner at the beginning or end of the commu17 nication and lasts at least 3 seconds. 

18 ‘‘(C) VIDEO COMMUNICATIONS.—In the 

19 case of a video communication which also in20 cludes audio, the statement— 

21 ‘‘(i) is included at either the beginning 

22 or the end of the communication; and 

23 ‘‘(ii) is made both in— 

24 ‘‘(I) a written format that meets 

25 the requirements of subparagraph (A) 


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1 and appears for at least 4 seconds; 

2 and 

3 ‘‘(II) an audible format that 

4 meets the requirements of subpara5 graph (B). 

6 ‘‘(D) OTHER COMMUNICATIONS.—In the 

7 case of any other type of communication, the 

8 statement is at least as clear and conspicuous 

9 as the statement specified in subparagraph (A), 

10 (B), or (C).’’. 

11 (2) NONAPPLICATION OF CERTAIN EXCEP12 TIONS.—The exceptions provided in section 

13 110.11(f)(1)(i) and (ii) of title 11, Code of Federal 

14 Regulations, or any successor to such rules, shall 

15 have no application to qualified internet or digital 

16 communications (as defined in section 304(f)(3)(D) 

17 of the Federal Election Campaign Act of 1971). 

18 (c) MODIFICATION OF ADDITIONAL REQUIREMENTS

19 FOR CERTAIN COMMUNICATIONS.—Section 318(d) of such 

20 Act (52 U.S.C. 30120(d)) is amended— 

21 (1) in paragraph (1)(A)— 

22 (A) by striking ‘‘which is transmitted 

23 through radio’’ and inserting ‘‘which is in an 

24 audio format’’; and 


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1 (B) by striking ‘‘BY RADIO’’ in the heading 

2 and inserting ‘‘AUDIO FORMAT’’; 

3 (2) in paragraph (1)(B)— 

4 (A) by striking ‘‘which is transmitted 

5 through television’’ and inserting ‘‘which is in 

6 video format’’; and 

7 (B) by striking ‘‘BY TELEVISION’’ in the 

8 heading and inserting ‘‘VIDEO FORMAT’’; and 

9 (3) in paragraph (2)— 

10 (A) by striking ‘‘transmitted through radio 

11 or television’’ and inserting ‘‘made in audio or 

12 video format’’; and 

13 (B) by striking ‘‘through television’’ in the 

14 second sentence and inserting ‘‘in video for15 mat’’. 

16 SEC. 4208. POLITICAL RECORD REQUIREMENTS FOR ON17 LINE PLATFORMS. 

18 (a) IN GENERAL.—Section 304 of the Federal Elec19 tion Campaign Act of 1971 (52 U.S.C. 30104), as amend20 ed by section 4002, is amended by adding at the end the 

21 following new subsection: 

22 ‘‘(k) DISCLOSURE OF CERTAIN ONLINE ADVERTISE23 MENTS.— 

24 ‘‘(1) IN GENERAL.— 


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1 ‘‘(A) REQUIREMENTS FOR ONLINE PLAT2 FORMS.—An online platform shall maintain, 

3 and make available for online public inspection 

4 in machine readable format, a complete record 

5 of any request to purchase on such online plat6 form a qualified political advertisement which is 

7 made by a person whose aggregate requests to 

8 purchase qualified political advertisements on 

9 such online platform during the calendar year 

10 exceeds $500. 

11 ‘‘(B) REQUIREMENTS FOR ADVER12 TISERS.—Any person who requests to purchase 

13 a qualified political advertisement on an online 

14 platform shall provide the online platform with 

15 such information as is necessary for the online 

16 platform to comply with the requirements of 

17 subparagraph (A). 

18 ‘‘(2) CONTENTS OF RECORD.—A record main19 tained under paragraph (1)(A) shall contain— 

20 ‘‘(A) a digital copy of the qualified political 

21 advertisement; 

22 ‘‘(B) a description of the audience targeted 

23 by the advertisement, the number of views gen24 erated from the advertisement, the number of 

25 views by unique individuals generated by the 


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1 advertisement, the number of times the adver2 tisement was shared, and the date and time 

3 that the advertisement is first displayed and 

4 last displayed; and 

5 ‘‘(C) information regarding— 

6 ‘‘(i) the average rate charged for the 

7 advertisement; 

8 ‘‘(ii) the name of the candidate to 

9 which the advertisement refers and the of10 fice to which the candidate is seeking elec11 tion, the election to which the advertise12 ment refers, or the national legislative 

13 issue to which the advertisement refers (as 

14 applicable); 

15 ‘‘(iii) in the case of a request made 

16 by, or on behalf of, a candidate, the name 

17 of the candidate, the authorized committee 

18 of the candidate, and the treasurer of such 

19 committee; and 

20 ‘‘(iv) in the case of any request not 

21 described in clause (iii), the name of the 

22 person purchasing the advertisement, the 

23 name and address of a contact person for 

24 such person, and a list of the chief execu25 tive officers or members of the executive 


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1 committee or of the board of directors of 

2 such person, and, if the person purchasing 

3 the advertisement is acting as the agent of 

4 a foreign principal under the Foreign 

5 Agents Registration Act of 1938, as 

6 amended (22 U.S.C. 611 et seq.), a state7 ment that the person is acting as the agent 

8 of a foreign principal and the identification 

9 of the foreign principal involved. 

10 ‘‘(3) ONLINE PLATFORM.—For purposes of this 

11 subsection, the term ‘online platform’ means any 

12 public-facing website, web application, or digital ap13 plication (including a social network, ad network, or 

14 search engine) which— 

15 ‘‘(A) sells qualified political advertise16 ments; and 

17 ‘‘(B) has 50,000,000 or more unique 

18 monthly United States visitors or users for a 

19 majority of months during the preceding 12 

20 months. 

21 ‘‘(4) QUALIFIED POLITICAL ADVERTISEMENT.— 

22 For purposes of this subsection, the term ‘qualified 

23 political advertisement’ means any advertisement 

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1 tisements, video advertisements, native advertise2 ments, and sponsorships) that— 

3 ‘‘(A) is made by or on behalf of a can4 didate; or 

5 ‘‘(B) communicates a message relating to 

6 any political matter of national importance, in7 cluding— 

8 ‘‘(i) a candidate; 

9 ‘‘(ii) any election to Federal office; or 

10 ‘‘(iii) a national legislative issue of 

11 public importance. 

12 ‘‘(5) TIME TO MAINTAIN FILE.—The informa13 tion required under this subsection shall be made 

14 available as soon as possible and shall be retained by 

15 the online platform for a period of not less than 4 

16 years. 

17 ‘‘(6) SAFE HARBOR FOR PLATFORMS MAKING

18 BEST EFFORTS TO IDENTIFY REQUESTS WHICH ARE

19 SUBJECT TO RECORD MAINTENANCE REQUIRE20 MENTS.—In accordance with rules established by the 

21 Commission, if an online platform shows that the 

22 platform used best efforts to determine whether or 

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1 section, the online platform shall not be considered 

2 to be in violation of such requirements. 

3 ‘‘(7) PENALTIES.—For penalties for failure by 

4 online platforms, and persons requesting to purchase 

5 a qualified political advertisement on online plat6 forms, to comply with the requirements of this sub7 section, see section 309.’’. 

8 (b) RULEMAKING.—Not later than 120 days after the 

9 date of the enactment of this Act, the Federal Election 

10 Commission shall establish rules— 

11 (1) requiring common data formats for the 

12 record required to be maintained under section 

13 304(k) of the Federal Election Campaign Act of 

14 1971 (as added by subsection (a)) so that all online 

15 platforms submit and maintain data online in a com16 mon, machine-readable and publicly accessible for17 mat; 

18 (2) establishing search interface requirements 

19 relating to such record, including searches by can20 didate name, issue, purchaser, and date; and 

21 (3) establishing the criteria for the safe harbor 

22 exception provided under paragraph (6) of section 

23 304(k) of such Act (as added by subsection (a)). 

24 (c) REPORTING.—Not later than 2 years after the 

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1 after, the Chairman of the Federal Election Commission 

2 shall submit a report to Congress on— 

3 (1) matters relating to compliance with and the 

4 enforcement of the requirements of section 304(k) of 

5 the Federal Election Campaign Act of 1971, as 

6 added by subsection (a); 

7 (2) recommendations for any modifications to 

8 such section to assist in carrying out its purposes; 

9 and 

10 (3) identifying ways to bring transparency and 

11 accountability to political advertisements distributed 

12 online for free. 

13 SEC. 4209. PREVENTING CONTRIBUTIONS, EXPENDITURES, 

14 INDEPENDENT EXPENDITURES, AND DIS15 BURSEMENTS FOR ELECTIONEERING COM16 MUNICATIONS BY FOREIGN NATIONALS IN 

17 THE FORM OF ONLINE ADVERTISING. 

18 Section 319 of the Federal Election Campaign Act 

19 of 1971 (52 U.S.C. 30121), as amended by section 

20 4101(b), is further amended by adding at the end the fol21 lowing new subsection: 

22 ‘‘(d) RESPONSIBILITIES OF BROADCAST STATIONS, 

23 PROVIDERS OF CABLE AND SATELLITE TELEVISION, AND

24 ONLINE PLATFORMS.— 


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1 ‘‘(1) RESPONSIBILITIES DESCRIBED.—Each tel2 evision or radio broadcast station, provider of cable 

3 or satellite television, or online platform (as defined 

4 in section 304(k)(3)) shall make reasonable efforts 

5 to ensure that communications described in section 

6 318(a) and made available by such station, provider, 

7 or platform are not purchased by a foreign national, 

8 directly or indirectly. For purposes of the previous 

9 sentence, a station, provider, or online platform shall 

10 not be considered to have made reasonable efforts 

11 under this paragraph in the case of the availability 

12 of a communication unless the station, provider, or 

13 online platform directly inquires from the individual 

14 or entity making such purchase whether the pur15 chase is to be made by a foreign national, directly 

16 or indirectly. 

17 ‘‘(2) SPECIAL RULES FOR DISBURSEMENT PAID

18 WITH CREDIT CARD.—For purposes of paragraph 

19 (1), a television or radio broadcast station, provider 

20 of cable or satellite television, or online platform 

21 shall be considered to have made reasonable efforts 

22 under such paragraph in the case of a purchase of 

23 the availability of a communication which is made 

24 with a credit card if— 


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1 ‘‘(A) the individual or entity making such 

2 purchase is required, at the time of making 

3 such purchase, to disclose the credit verification 

4 value of such credit card; and 

5 ‘‘(B) the billing address associated with 

6 such credit card is located in the United States 

7 or, in the case of a purchase made by an indi8 vidual who is a United States citizen living out9 side of the United States, the individual pro10 vides the television or radio broadcast station, 

11 provider of cable or satellite television, or online 

12 platform with the United States mailing ad13 dress the individual uses for voter registration 

14 purposes.’’. 

15 SEC. 4210. INDEPENDENT STUDY ON MEDIA LITERACY AND 

16 ONLINE POLITICAL CONTENT CONSUMPTION. 

17 (a) INDEPENDENT STUDY.—Not later than 30 days 

18 after the date of enactment of this Act, the Federal Elec19 tion Commission shall commission an independent study 

20 and report on media literacy with respect to online polit21 ical content consumption among voting-age Americans. 

22 (b) ELEMENTS.—The study and report under sub23 section (a) shall include the following: 

24 (1) An evaluation of media literacy skills, such 

25 as the ability to evaluate sources, synthesize multiple 


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1 accounts into a coherent understanding of an issue, 

2 understand the context of communications, and re3 sponsibly create and share information, among vot4 ing-age Americans. 

5 (2) An analysis of the effects of media literacy 

6 education and particular media literacy skills on the 

7 ability to critically consume online political content, 

8 including political advertising. 

9 (3) Recommendations for improving voting-age 

10 Americans’ ability to critically consume online polit11 ical content, including political advertising. 

12 (c) DEADLINE.—Not later than 270 days after the 

13 date of enactment of this Act, the entity conducting the 

14 study and report under subsection (a) shall submit the re15 port to the Commission. 

16 (d) SUBMISSION TO CONGRESS.—Not later than 30 

17 days after receiving the report under subsection (c), the 

18 Commission shall submit the report to the Committee on 

19 House Administration of the House of Representatives 

20 and the Committee on Rules and Administration of the 

21 Senate, together with such comments on the report as the 

22 Commission considers appropriate. 

23 (e) DEFINITION OF MEDIA LITERACY.—The term 

24 ‘‘media literacy’’ means the ability to— 


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1 (1) access relevant and accurate information 

2 through media; 

3 (2) critically analyze media content and the in4 fluences of media; 

5 (3) evaluate the comprehensiveness, relevance, 

6 credibility, authority, and accuracy of information; 

7 (4) make educated decisions based on informa8 tion obtained from media and digital sources; 

9 (5) operate various forms of technology and 

10 digital tools; and 

11 (6) reflect on how the use of media and tech12 nology may affect private and public life. 

13 SEC. 4211. REQUIRING ONLINE PLATFORMS TO DISPLAY 

14 NOTICES IDENTIFYING SPONSORS OF POLIT15 ICAL ADVERTISEMENTS AND TO ENSURE NO16 TICES CONTINUE TO BE PRESENT WHEN AD17 VERTISEMENTS ARE SHARED. 

18 (a) REQUIREMENT.—Section 304 of the Federal 

19 Election Campaign Act of 1971 (52 U.S.C. 30104), as 

20 amended by section 4002 and section 4208(a), is amended 

21 by adding at the end the following new subsection: 

22 ‘‘(l) ENSURING DISPLAY AND SHARING OF SPONSOR

23 IDENTIFICATION IN ONLINE POLITICAL ADVERTISE24 MENTS.— 


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1 ‘‘(1) REQUIREMENT.— An online platform dis2 playing a qualified political advertisement shall— 

3 ‘‘(A) display with the advertisement a visi4 ble notice identifying the sponsor of the adver5 tisement (or, if it is not practical for the plat6 form to display such a notice, a notice that the 

7 advertisement is sponsored by a person other 

8 than the platform); and 

9 ‘‘(B) ensure that the notice will continue to 

10 be displayed if a viewer of the advertisement 

11 shares the advertisement with others on that 

12 platform. 

13 ‘‘(2) DEFINITIONS.—In this subsection,— 

14 ‘‘(A) the term ‘online platform’ has the 

15 meaning given such term in subsection (k)(3); 

16 and 

17 ‘‘(B) the term ‘qualified political advertise18 ment’ has the meaning given such term in sub19 section (k)(4).’’. 

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

21 subsection (a) shall apply with respect to advertisements 

22 displayed on or after the 120-day period which begins on 

23 the date of the enactment of this Act. 


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1 Subtitle D—Stand By Every Ad 

2 SEC. 4301. SHORT TITLE. 

3 This subtitle may be cited as the ‘‘Stand By Every 

4 Ad Act’’. 

5 SEC. 4302. STAND BY EVERY AD. 

6 (a) EXPANDED DISCLAIMER REQUIREMENTS FOR

7 CERTAIN COMMUNICATIONS.—Section 318 of the Federal 

8 Election Campaign Act of 1971 (52 U.S.C. 30120), as 

9 amended by section 4207(b)(1), is further amended— 

10 (1) by redesignating subsection (e) as sub11 section (f); and 

12 (2) by inserting after subsection (d) the fol13 lowing new subsection: 

14 ‘‘(e) EXPANDED DISCLAIMER REQUIREMENTS FOR

15 COMMUNICATIONS NOT AUTHORIZED BY CANDIDATES OR

16 COMMITTEES.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (6), any communication described in para19 graph (3) of subsection (a) which is transmitted in 

20 an audio or video format (including an Internet or 

21 digital communication), or which is an Internet or 

22 digital communication transmitted in a text or 

23 graphic format, shall include, in addition to the re24 quirements of paragraph (3) of subsection (a), the 

25 following: 


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1 ‘‘(A) The individual disclosure statement 

2 described in paragraph (2)(A) (if the person 

3 paying for the communication is an individual) 

4 or the organizational disclosure statement de5 scribed in paragraph (2)(B) (if the person pay6 ing for the communication is not an individual). 

7 ‘‘(B) If the communication is transmitted 

8 in a video format, or is an Internet or digital 

9 communication which is transmitted in a text or 

10 graphic format, and is paid for in whole or in 

11 part with a payment which is treated as a cam12 paign-related disbursement under section 324— 

13 ‘‘(i) the Top Five Funders list (if ap14 plicable); or 

15 ‘‘(ii) in the case of a communication 

16 which, as determined on the basis of cri17 teria established in regulations issued by 

18 the Commission, is of such short duration 

19 that including the Top Five Funders list in 

20 the communication would constitute a 

21 hardship to the person paying for the com22 munication by requiring a disproportionate 

23 amount of the content of the communica24 tion to consist of the Top Five Funders 

25 list, the name of a website which contains 


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1 the Top Five Funders list (if applicable) 

2 or, in the case of an Internet or digital 

3 communication, a hyperlink to such 

4 website. 

5 ‘‘(C) If the communication is transmitted 

6 in an audio format and is paid for in whole or 

7 in part with a payment which is treated as a 

8 campaign-related disbursement under section 

9 324— 

10 ‘‘(i) the Top Two Funders list (if ap11 plicable); or 

12 ‘‘(ii) in the case of a communication 

13 which, as determined on the basis of cri14 teria established in regulations issued by 

15 the Commission, is of such short duration 

16 that including the Top Two Funders list in 

17 the communication would constitute a 

18 hardship to the person paying for the com19 munication by requiring a disproportionate 

20 amount of the content of the communica21 tion to consist of the Top Two Funders 

22 list, the name of a website which contains 

23 the Top Two Funders list (if applicable). 

24 ‘‘(2) DISCLOSURE STATEMENTS DESCRIBED.— 


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1 ‘‘(A) INDIVIDUAL DISCLOSURE STATE2 MENTS.—The individual disclosure statement 

3 described in this subparagraph is the following: 

4 ‘I am llllllll, and I approve this 

5 message.’, with the blank filled in with the 

6 name of the applicable individual. 

7 ‘‘(B) ORGANIZATIONAL DISCLOSURE

8 STATEMENTS.—The organizational disclosure 

9 statement described in this subparagraph is the 

10 following: ‘I am llllllll, the 

11 llllllll of llllllll, and 

12 llllllll approves this message.’, 

13 with— 

14 ‘‘(i) the first blank to be filled in with 

15 the name of the applicable individual; 

16 ‘‘(ii) the second blank to be filled in 

17 with the title of the applicable individual; 

18 and 

19 ‘‘(iii) the third and fourth blank each 

20 to be filled in with the name of the organi21 zation or other person paying for the com22 munication. 

23 ‘‘(3) METHOD OF CONVEYANCE OF STATE24 MENT.— 


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1 ‘‘(A) COMMUNICATIONS IN TEXT OR

2 GRAPHIC FORMAT.—In the case of a commu3 nication to which this subsection applies which 

4 is transmitted in a text or graphic format, the 

5 disclosure statements required under paragraph 

6 (1) shall appear in letters at least as large as 

7 the majority of the text in the communication. 

8 ‘‘(B) COMMUNICATIONS TRANSMITTED IN

9 AUDIO FORMAT.—In the case of a communica10 tion to which this subsection applies which is 

11 transmitted in an audio format, the disclosure 

12 statements required under paragraph (1) shall 

13 be made by audio by the applicable individual 

14 in a clear and conspicuous manner. 

15 ‘‘(C) COMMUNICATIONS TRANSMITTED IN

16 VIDEO FORMAT.—In the case of a communica17 tion to which this subsection applies which is 

18 transmitted in a video format, the information 

19 required under paragraph (1)— 

20 ‘‘(i) shall appear in writing at the end 

21 of the communication or in a crawl along 

22 the bottom of the communication in a clear 

23 and conspicuous manner, with a reasonable 

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1 ground and the printed statement, for a 

2 period of at least 6 seconds; and 

3 ‘‘(ii) shall also be conveyed by an 

4 unobscured, full-screen view of the applica5 ble individual or by the applicable indi6 vidual making the statement in voice-over 

7 accompanied by a clearly identifiable pho8 tograph or similar image of the individual, 

9 except in the case of a Top Five Funders 

10 list. 

11 ‘‘(4) APPLICABLE INDIVIDUAL DEFINED.—The 

12 term ‘applicable individual’ means, with respect to a 

13 communication to which this subsection applies— 

14 ‘‘(A) if the communication is paid for by 

15 an individual, the individual involved; 

16 ‘‘(B) if the communication is paid for by a 

17 corporation, the chief executive officer of the 

18 corporation (or, if the corporation does not have 

19 a chief executive officer, the highest ranking of20 ficial of the corporation); 

21 ‘‘(C) if the communication is paid for by a 

22 labor organization, the highest ranking officer 

23 of the labor organization; and 


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1 ‘‘(D) if the communication is paid for by 

2 any other person, the highest ranking official of 

3 such person. 

4 ‘‘(5) TOP FIVE FUNDERS LIST AND TOP TWO

5 FUNDERS LIST DEFINED.— 

6 ‘‘(A) TOP FIVE FUNDERS LIST.—The term 

7 ‘Top Five Funders list’ means, with respect to 

8 a communication which is paid for in whole or 

9 in part with a campaign-related disbursement 

10 (as defined in section 324), a list of the five 

11 persons who, during the 12-month period end12 ing on the date of the disbursement, provided 

13 the largest payments of any type in an aggre14 gate amount equal to or exceeding $10,000 to 

15 the person who is paying for the communication 

16 and the amount of the payments each such per17 son provided. If two or more people provided 

18 the fifth largest of such payments, the person 

19 paying for the communication shall select one of 

20 those persons to be included on the Top Five 

21 Funders list. 

22 ‘‘(B) TOP TWO FUNDERS LIST.—The term 

23 ‘Top Two Funders list’ means, with respect to 

24 a communication which is paid for in whole or 

25 in part with a campaign-related disbursement 


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1 (as defined in section 324), a list of the persons 

2 who, during the 12-month period ending on the 

3 date of the disbursement, provided the largest 

4 and the second largest payments of any type in 

5 an aggregate amount equal to or exceeding 

6 $10,000 to the person who is paying for the 

7 communication and the amount of the pay8 ments each such person provided. If two or 

9 more persons provided the second largest of 

10 such payments, the person paying for the com11 munication shall select one of those persons to 

12 be included on the Top Two Funders list. 

13 ‘‘(C) EXCLUSION OF CERTAIN PAY14 MENTS.—For purposes of subparagraphs (A) 

15 and (B), in determining the amount of pay16 ments made by a person to a person paying for 

17 a communication, there shall be excluded the 

18 following: 

19 ‘‘(i) Any amounts provided in the or20 dinary course of any trade or business con21 ducted by the person paying for the com22 munication or in the form of investments 

23 in the person paying for the communica24 tion. 


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1 ‘‘(ii) Any payment which the person 

2 prohibited, in writing, from being used for 

3 campaign-related disbursements, but only 

4 if the person paying for the communication 

5 agreed to follow the prohibition and depos6 ited the payment in an account which is 

7 segregated from any account used to make 

8 campaign-related disbursements. 

9 ‘‘(6) SPECIAL RULES FOR CERTAIN COMMU10 NICATIONS.— 

11 ‘‘(A) EXCEPTION FOR COMMUNICATIONS

12 PAID FOR BY POLITICAL PARTIES AND CERTAIN

13 POLITICAL COMMITTEES.—This subsection does 

14 not apply to any communication to which sub15 section (d)(2) applies. 

16 ‘‘(B) TREATMENT OF VIDEO COMMUNICA17 TIONS LASTING 10 SECONDS OR LESS.—In the 

18 case of a communication to which this sub19 section applies which is transmitted in a video 

20 format, or is an Internet or digital communica21 tion which is transmitted in a text or graphic 

22 format, the communication shall meet the fol23 lowing requirements: 

24 ‘‘(i) The communication shall include 

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1 scribed in paragraph (2)(A) (if the person 

2 paying for the communication is an indi3 vidual) or the organizational disclosure 

4 statement described in paragraph (2)(B) 

5 (if the person paying for the communica6 tion is not an individual). 

7 ‘‘(ii) The statement described in 

8 clause (i) shall appear in writing at the 

9 end of the communication, or in a crawl 

10 along the bottom of the communication, in 

11 a clear and conspicuous manner, with a 

12 reasonable degree of color contrast between 

13 the background and the printed statement, 

14 for a period of at least 4 seconds. 

15 ‘‘(iii) The communication shall in16 clude, in a clear and conspicuous manner, 

17 a website address with a landing page 

18 which will provide all of the information 

19 described in paragraph (1) with respect to 

20 the communication. Such address shall ap21 pear for the full duration of the commu22 nication. 

23 ‘‘(iv) To the extent that the format in 

24 which the communication is made permits 

25 the use of a hyperlink, the communication 


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1 shall include a hyperlink to the website ad2 dress described in clause (iii).’’. 

3 (b) APPLICATION OF EXPANDED REQUIREMENTS TO

4 PUBLIC COMMUNICATIONS CONSISTING OF CAMPAIGN5 RELATED DISBURSEMENTS.— 

6 (1) IN GENERAL.—Section 318(a) of such Act 

7 (52 U.S.C. 30120(a)) is amended by striking ‘‘for 

8 the purpose of financing communications expressly 

9 advocating the election or defeat of a clearly identi10 fied candidate’’ and inserting ‘‘for a campaign-re11 lated disbursement, as defined in section 324, con12 sisting of a public communication’’. 

13 (2) CLARIFICATION OF EXEMPTION FROM IN14 CLUSION OF CANDIDATE DISCLAIMER STATEMENT IN

15 FEDERAL JUDICIAL NOMINATION COMMUNICA16 TIONS.—Section 318(a)(3) of such Act (52 U.S.C. 

17 30120(a)(3)) is amended by striking ‘‘shall state’’ 

18 and inserting ‘‘shall (except in the case of a Federal 

19 judicial nomination communication, as defined in 

20 section 324(d)(2)) state’’. 

21 (c) EXCEPTION FOR COMMUNICATIONS PAID FOR BY

22 POLITICAL PARTIES AND CERTAIN POLITICAL COMMIT23 TEES.—Section 318(d)(2) of such Act (52 U.S.C. 

24 30120(d)(2)) is amended— 


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1 (1) in the heading, by striking ‘‘OTHERS’’ and 

2 inserting ‘‘CERTAIN POLITICAL COMMITTEES’’; 

3 (2) by striking ‘‘Any communication’’ and in4 serting ‘‘(A) Any communication’’; 

5 (3) by inserting ‘‘which (except to the extent 

6 provided in subparagraph (B)) is paid for by a polit7 ical committee (including a political committee of a 

8 political party) and’’ after ‘‘subsection (a)’’; 

9 (4) by striking ‘‘or other person’’ each place it 

10 appears; and 

11 (5) by adding at the end the following new sub12 paragraph: 

13 ‘‘(B)(i) This paragraph does not apply to a 

14 communication paid for in whole or in part during 

15 a calendar year with a campaign-related disburse16 ment, but only if the covered organization making 

17 the campaign-related disbursement made campaign18 related disbursements (as defined in section 324) ag19 gregating more than $10,000 during such calendar 

20 year. 

21 ‘‘(ii) For purposes of clause (i), in determining 

22 the amount of campaign-related disbursements made 

23 by a covered organization during a year, there shall 

24 be excluded the following: 


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1 ‘‘(I) Any amounts received by the covered 

2 organization in the ordinary course of any trade 

3 or business conducted by the covered organiza4 tion or in the form of investments in the cov5 ered organization. 

6 ‘‘(II) Any amounts received by the covered 

7 organization from a person who prohibited, in 

8 writing, the organization from using such 

9 amounts for campaign-related disbursements, 

10 but only if the covered organization agreed to 

11 follow the prohibition and deposited the 

12 amounts in an account which is segregated 

13 from any account used to make campaign-re14 lated disbursements.’’. 

15 SEC. 4303. DISCLAIMER REQUIREMENTS FOR COMMUNICA16 TIONS MADE THROUGH PRERECORDED TELE17 PHONE CALLS. 

18 (a) APPLICATION OF REQUIREMENTS.— 

19 (1) IN GENERAL.—Section 318(a) of the Fed20 eral Election Campaign Act of 1971 (52 U.S.C. 

21 30120(a)), as amended by section 4205(c), is 

22 amended by striking ‘‘public communication’’ each 

23 place it appears and inserting the following: ‘‘public 

24 communication (including a telephone call consisting 


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1 in substantial part of a prerecorded audio mes2 sage)’’. 

3 (2) APPLICATION TO COMMUNICATIONS SUB4 JECT TO EXPANDED DISCLAIMER REQUIREMENTS.— 

5 Section 318(e)(1) of such Act (52 U.S.C. 

6 30120(e)(1)), as added by section 4302(a), is 

7 amended in the matter preceding subparagraph (A) 

8 by striking ‘‘which is transmitted in an audio or 

9 video format’’ and inserting ‘‘which is transmitted in 

10 an audio or video format or which consists of a tele11 phone call consisting in substantial part of a 

12 prerecorded audio message’’. 

13 (b) TREATMENT AS COMMUNICATION TRANSMITTED

14 IN AUDIO FORMAT.— 

15 (1) COMMUNICATIONS BY CANDIDATES OR AU16 THORIZED PERSONS.—Section 318(d) of such Act 

17 (52 U.S.C. 30120(d)) is amended by adding at the 

18 end the following new paragraph: 

19 ‘‘(3) PRERECORDED TELEPHONE CALLS.—Any 

20 communication described in paragraph (1), (2), or 

21 (3) of subsection (a) (other than a communication 

22 which is subject to subsection (e)) which is a tele23 phone call consisting in substantial part of a 

24 prerecorded audio message shall include, in addition 

25 to the requirements of such paragraph, the audio 


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1 statement required under subparagraph (A) of para2 graph (1) or the audio statement required under 

3 paragraph (2) (whichever is applicable), except that 

4 the statement shall be made at the beginning of the 

5 telephone call.’’. 

6 (2) COMMUNICATIONS SUBJECT TO EXPANDED

7 DISCLAIMER REQUIREMENTS.—Section 318(e)(3) of 

8 such Act (52 U.S.C. 30120(e)(3)), as added by sec9 tion 4302(a), is amended by adding at the end the 

10 following new subparagraph: 

11 ‘‘(D) PRERECORDED TELEPHONE

12 CALLS.—In the case of a communication to 

13 which this subsection applies which is a tele14 phone call consisting in substantial part of a 

15 prerecorded audio message, the communication 

16 shall be considered to be transmitted in an 

17 audio format.’’. 

18 SEC. 4304. NO EXPANSION OF PERSONS SUBJECT TO DIS19 CLAIMER REQUIREMENTS ON INTERNET 

20 COMMUNICATIONS. 

21 Nothing in this subtitle or the amendments made by 

22 this subtitle may be construed to require any person who 

23 is not required under section 318 of the Federal Election 

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1 nications made by the person through the internet to in2 clude any disclaimer on any such communications. 

3 SEC. 4305. EFFECTIVE DATE. 

4 The amendments made by this subtitle shall apply 

5 with respect to communications made on or after January 

6 1, 2022, and shall take effect without regard to whether 

7 or not the Federal Election Commission has promulgated 

8 regulations to carry out such amendments. 

9 Subtitle E—Deterring Foreign 

10 Interference in Elections 

11 PART 1—DETERRENCE UNDER FEDERAL 

12 ELECTION CAMPAIGN ACT OF 1971 

13 SEC. 4401. RESTRICTIONS ON EXCHANGE OF CAMPAIGN IN14 FORMATION BETWEEN CANDIDATES AND 

15 FOREIGN POWERS. 

16 Section 319 of the Federal Election Campaign Act 

17 of 1971 (52 U.S.C. 30121), as amended by section 

18 4101(b) and section 4209, is further amended by adding 

19 at the end the following new subsection: 

20 ‘‘(e) RESTRICTIONS ON EXCHANGE OF INFORMATION

21 BETWEEN CANDIDATES AND FOREIGN POWERS.— 

22 ‘‘(1) TREATMENT OF OFFER TO SHARE NON23 PUBLIC CAMPAIGN MATERIAL AS SOLICITATION OF

24 CONTRIBUTION FROM FOREIGN NATIONAL.—If a 

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1 paign of a candidate, or if a political committee or 

2 an individual affiliated with a political committee, 

3 provides or offers to provide nonpublic campaign 

4 material to a covered foreign national or to another 

5 person whom the candidate, committee, or individual 

6 knows or has reason to know will provide the mate7 rial to a covered foreign national, the candidate, 

8 committee, or individual (as the case may be) shall 

9 be considered for purposes of this section to have so10 licited a contribution or donation described in sub11 section (a)(1)(A) from a foreign national. 

12 ‘‘(2) DEFINITIONS.—In this subsection, the fol13 lowing definitions apply: 

14 ‘‘(A) The term ‘candidate’ means an indi15 vidual who seeks nomination for, or election to, 

16 any Federal, State, or local public office. 

17 ‘‘(B) The term ‘covered foreign national’ 

18 has the meaning given such term in section 

19 304(j)(3)(C). 

20 ‘‘(C) The term ‘individual affiliated with a 

21 campaign’ means, with respect to a candidate, 

22 an employee of any organization legally author23 ized under Federal, State, or local law to sup24 port the candidate’s campaign for nomination 

25 for, or election to, any Federal, State, or local 


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1 public office, as well as any independent con2 tractor of such an organization and any indi3 vidual who performs services on behalf of the 

4 organization, whether paid or unpaid. 

5 ‘‘(D) The term ‘individual affiliated with a 

6 political committee’ means, with respect to a 

7 political committee, an employee of the com8 mittee as well as any independent contractor of 

9 the committee and any individual who performs 

10 services on behalf of the committee, whether 

11 paid or unpaid. 

12 ‘‘(E) The term ‘nonpublic campaign mate13 rial’ means, with respect to a candidate or a po14 litical committee, campaign material that is 

15 produced by the candidate or the committee or 

16 produced at the candidate or committee’s ex17 pense or request which is not distributed or 

18 made available to the general public or other19 wise in the public domain, including polling and 

20 focus group data and opposition research, ex21 cept that such term does not include material 

22 produced for purposes of consultations relating 

23 solely to the candidate’s or committee’s position 

24 on a legislative or policy matter.’’. 


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1 SEC. 4402. CLARIFICATION OF STANDARD FOR DETER2 MINING EXISTENCE OF COORDINATION BE3 TWEEN CAMPAIGNS AND OUTSIDE INTER4 ESTS. 

5 Section 315(a) of the Federal Election Campaign Act 

6 of 1971 (52 U.S.C. 30116(a)) is amended by adding at 

7 the end the following new paragraph: 

8 ‘‘(10) For purposes of paragraph (7), an expenditure 

9 or disbursement may be considered to have been made in 

10 cooperation, consultation, or concert with, or coordinated 

11 with, a person without regard to whether or not the co12 operation, consultation, or coordination is carried out pur13 suant to agreement or formal collaboration.’’. 

14 SEC. 4403. PROHIBITION ON PROVISION OF SUBSTANTIAL 

15 ASSISTANCE RELATING TO CONTRIBUTION 

16 OR DONATION BY FOREIGN NATIONALS. 

17 Section 319 of the Federal Election Campaign Act 

18 of 1971 (52 U.S.C. 30121), as amended by section 

19 4101(a), section 4101(b), section 4209, and section 4401, 

20 is further amended— 

21 (1) in subsection (a)— 

22 (A) by striking ‘‘or’’ at the end of para23 graph (2); 

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

25 paragraph (3) and inserting ‘‘; or’’; and 

26 (C) by adding at the end the following: 


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1 ‘‘(4) a person to knowingly provide substantial 

2 assistance to another person in carrying out an ac3 tivity described in paragraph (1), (2), or (3).’’; and 

4 (2) by adding at the end the following new sub5 sections: 

6 ‘‘(f) KNOWINGLY DESCRIBED.— 

7 ‘‘(1) IN GENERAL.—For purposes of subsection 

8 (a)(4), the term ‘knowingly’ means actual knowl9 edge, constructive knowledge, awareness of pertinent 

10 facts that would lead a reasonable person to con11 clude there is a substantial probability, or awareness 

12 of pertinent facts that would lead a reasonable per13 son to conduct a reasonable inquiry to establish— 

14 ‘‘(A) with respect to an activity described 

15 in subsection (a)(1), that the contribution, do16 nation, expenditure, independent expenditure, 

17 or disbursement is from a foreign national; 

18 ‘‘(B) with respect to an activity described 

19 in subsection (a)(2), that the contribution or 

20 donation solicited, accepted, or received is from 

21 a foreign national; and 

22 ‘‘(C) with respect to an activity described 

23 in subsection (a)(3), that the person directing, 

24 dictating, controlling, or directly or indirectly 


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1 participating in the decisionmaking process is a 

2 foreign national. 

3 ‘‘(2) PERTINENT FACTS.—For purposes of 

4 paragraph (1), pertinent facts include, but are not 

5 limited to, that the person making the contribution, 

6 donation, expenditure, independent expenditure, or 

7 disbursement, or that the person from whom the 

8 contribution or donation is solicited, accepted, or re9 ceived, or that the person directing, dictating, con10 trolling, or directly or indirectly participating in the 

11 decisionmaking process— 

12 ‘‘(A) uses a foreign passport or passport 

13 number for identification purposes; 

14 ‘‘(B) provides a foreign address; 

15 ‘‘(C) uses a check or other written instru16 ment drawn on a foreign bank, or by a wire 

17 transfer from a foreign bank, in carrying out 

18 the activity; or 

19 ‘‘(D) resides abroad. 

20 ‘‘(g) SUBSTANTIAL ASSISTANCE DEFINED.—As used 

21 in this section, the term ‘substantial assistance’ means, 

22 with respect to an activity prohibited by paragraph (1), 

23 (2), or (3) of subsection (a), involvement with an intent 

24 to facilitate successful completion of the activity.’’. 


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1 SEC. 4404. CLARIFICATION OF APPLICATION OF FOREIGN 

2 MONEY BAN. 

3 (a) CLARIFICATION OF TREATMENT OF PROVISION

4 OF CERTAIN INFORMATION AS CONTRIBUTION OR DONA5 TION OF A THING OF VALUE.—Section 319 of the Federal 

6 Election Campaign Act of 1971 (52 U.S.C. 30121), as 

7 amended by section 4101(a), section 4101(b), section 

8 4209, section 4401, and section 4403, is amended by add9 ing at the end the following new subsection: 

10 ‘‘(h) CLARIFICATION OF TREATMENT OF PROVISION

11 OF CERTAIN INFORMATION AS CONTRIBUTION OR DONA12 TION OF A THING OF VALUE.—For purposes of this sec13 tion, a ‘contribution or donation of money or other thing 

14 of value’ includes the provision of opposition research, 

15 polling, or other non-public information relating to a can16 didate for election for a Federal, State, or local office for 

17 the purpose of influencing the election, regardless of 

18 whether such research, polling, or information has mone19 tary value, except that nothing in this subsection shall be 

20 construed to treat the mere provision of an opinion about 

21 a candidate as a thing of value for purposes of this sec22 tion.’’. 

23 (b) CLARIFICATION OF APPLICATION OF FOREIGN

24 MONEY BAN TO ALL CONTRIBUTIONS AND DONATIONS

25 OF THINGS OF VALUE AND TO ALL SOLICITATIONS OF

26 CONTRIBUTIONS AND DONATIONS OF THINGS OF


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1 VALUE.—Section 319(a) of such Act (52 U.S.C. 

2 30121(a)) is amended— 

3 (1) in paragraph (1)(A), by striking ‘‘promise 

4 to make a contribution or donation’’ and inserting 

5 ‘‘promise to make such a contribution or donation’’; 

6 (2) in paragraph (1)(B), by striking ‘‘donation’’ 

7 and inserting ‘‘donation of money or other thing of 

8 value, or to make an express or implied promise to 

9 make such a contribution or donation,’’; and 

10 (3) by amending paragraph (2) to read as fol11 lows: 

12 ‘‘(2) a person to solicit, accept, or receive (di13 rectly or indirectly) a contribution, donation, or dis14 bursement described in paragraph (1), or to solicit, 

15 accept, or receive (directly or indirectly) an express 

16 or implied promise to make such a contribution or 

17 donation, from a foreign national.’’. 

18 PART 2—NOTIFYING STATES OF 

19 DISINFORMATION CAMPAIGNS BY FOREIGN 

20 NATIONALS 

21 SEC. 4411. NOTIFYING STATES OF DISINFORMATION CAM22 PAIGNS BY FOREIGN NATIONALS. 

23 (a) REQUIRING DISCLOSURE.—If the Federal Elec24 tion Commission makes a determination that a foreign na25 tional has initiated or has attempted to initiate a 


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1 disinformation campaign targeted at an election for public 

2 office held in a State, the Commission shall notify the 

3 State involved of the determination not later than 30 days 

4 after making the determination. 

5 (b) DEFINITIONS.—In this section the term ‘‘foreign 

6 national’’ has the meaning given such term in section 

7 319(b) of the Federal Election Campaign Act of 1971 (52 

8 U.S.C. 30121(b)). 

9 PART 3—PROHIBITING USE OF DEEPFAKES IN 

10 ELECTION CAMPAIGNS 

11 SEC. 4421. PROHIBITION ON DISTRIBUTION OF MATERI12 ALLY DECEPTIVE AUDIO OR VISUAL MEDIA 

13 PRIOR TO ELECTION. 

14 (a) IN GENERAL.—Title III of the Federal Election 

15 Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is 

16 amended by adding at the end the following new section: 

17 ‘‘SEC. 325. PROHIBITION ON DISTRIBUTION OF MATERI18 ALLY DECEPTIVE MEDIA PRIOR TO ELEC19 TION. 

20 ‘‘(a) IN GENERAL.—Except as provided in sub21 sections (b) and (c), a person, political committee, or other 

22 entity shall not, within 60 days of an election for Federal 

23 office at which a candidate for elective office will appear 

24 on the ballot, distribute, with actual malice, materially de25 ceptive audio or visual media of the candidate with the 


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1 intent to injure the candidate’s reputation or to deceive 

2 a voter into voting for or against the candidate. 

3 ‘‘(b) EXCEPTION.— 

4 ‘‘(1) REQUIRED LANGUAGE.—The prohibition 

5 in subsection (a) does not apply if the audio or vis6 ual media includes— 

7 ‘‘(A) a disclosure stating: ‘‘This 

8 lllll has been manipulated.’’; and 

9 ‘‘(B) filled in the blank in the disclosure 

10 under subparagraph (A), the term ‘image’, 

11 ‘video’, or ‘audio’, as most accurately describes 

12 the media. 

13 ‘‘(2) VISUAL MEDIA.—For visual media, the 

14 text of the disclosure shall appear in a size that is 

15 easily readable by the average viewer and no smaller 

16 than the largest font size of other text appearing in 

17 the visual media. If the visual media does not in18 clude any other text, the disclosure shall appear in 

19 a size that is easily readable by the average viewer. 

20 For visual media that is video, the disclosure shall 

21 appear for the duration of the video. 

22 ‘‘(3) AUDIO-ONLY MEDIA.—If the media con23 sists of audio only, the disclosure shall be read in a 

24 clearly spoken manner and in a pitch that can be 

25 easily heard by the average listener, at the beginning 


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1 of the audio, at the end of the audio, and, if the 

2 audio is greater than 2 minutes in length, inter3 spersed within the audio at intervals of not greater 

4 than 2 minutes each. 

5 ‘‘(c) INAPPLICABILITY TO CERTAIN ENTITIES.—This 

6 section does not apply to the following: 

7 ‘‘(1) A radio or television broadcasting station, 

8 including a cable or satellite television operator, pro9 grammer, or producer, that broadcasts materially 

10 deceptive audio or visual media prohibited by this 

11 section as part of a bona fide newscast, news inter12 view, news documentary, or on-the-spot coverage of 

13 bona fide news events, if the broadcast clearly ac14 knowledges through content or a disclosure, in a 

15 manner that can be easily heard or read by the aver16 age listener or viewer, that there are questions about 

17 the authenticity of the materially deceptive audio or 

18 visual media. 

19 ‘‘(2) A radio or television broadcasting station, 

20 including a cable or satellite television operator, pro21 grammer, or producer, when it is paid to broadcast 

22 materially deceptive audio or visual media. 

23 ‘‘(3) An internet website, or a regularly pub24 lished newspaper, magazine, or other periodical of 

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1 tronic publication, that routinely carries news and 

2 commentary of general interest, and that publishes 

3 materially deceptive audio or visual media prohibited 

4 by this section, if the publication clearly states that 

5 the materially deceptive audio or visual media does 

6 not accurately represent the speech or conduct of the 

7 candidate. 

8 ‘‘(4) Materially deceptive audio or visual media 

9 that constitutes satire or parody. 

10 ‘‘(d) CIVIL ACTION.— 

11 ‘‘(1) INJUNCTIVE OR OTHER EQUITABLE RE12 LIEF.—A candidate for elective office whose voice or 

13 likeness appears in a materially deceptive audio or 

14 visual media distributed in violation of this section 

15 may seek injunctive or other equitable relief prohib16 iting the distribution of audio or visual media in vio17 lation of this section. An action under this para18 graph shall be entitled to precedence in accordance 

19 with the Federal Rules of Civil Procedure. 

20 ‘‘(2) DAMAGES.—A candidate for elective office 

21 whose voice or likeness appears in a materially de22 ceptive audio or visual media distributed in violation 

23 of this section may bring an action for general or 

24 special damages against the person, committee, or 

25 other entity that distributed the materially deceptive 


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1 audio or visual media. The court may also award a 

2 prevailing party reasonable attorney’s fees and costs. 

3 This paragraph shall not be construed to limit or 

4 preclude a plaintiff from securing or recovering any 

5 other available remedy. 

6 ‘‘(3) BURDEN OF PROOF.—In any civil action 

7 alleging a violation of this section, the plaintiff shall 

8 bear the burden of establishing the violation through 

9 clear and convincing evidence. 

10 ‘‘(e) RULE OF CONSTRUCTION.—This section shall 

11 not be construed to alter or negate any rights, obligations, 

12 or immunities of an interactive service provider under sec13 tion 230 of title 47, United States Code. 

14 ‘‘(f) MATERIALLY DECEPTIVE AUDIO OR VISUAL

15 MEDIA DEFINED.—In this section, the term ‘materially 

16 deceptive audio or visual media’ means an image or an 

17 audio or video recording of a candidate’s appearance, 

18 speech, or conduct that has been intentionally manipulated 

19 in a manner such that both of the following conditions 

20 are met: 

21 ‘‘(1) The image or audio or video recording 

22 would falsely appear to a reasonable person to be 

23 authentic. 

24 ‘‘(2) The image or audio or video recording 

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1 damentally different understanding or impression of 

2 the expressive content of the image or audio or video 

3 recording than that person would have if the person 

4 were hearing or seeing the unaltered, original 

5 version of the image or audio or video recording.’’. 

6 (b) CRIMINAL PENALTIES.—Section 309(d)(1) of the 

7 Federal Election Campaign Act of 1971 (52 U.S.C. 

8 30109(d)(1)), as amended by section 4004, is further 

9 amended by adding at the end the following new subpara10 graph: 

11 ‘‘(G) Any person who knowingly and will12 fully commits a violation of section 325 shall be 

13 fined not more than $100,000, imprisoned not 

14 more than 5 years, or both.’’. 

15 (c) EFFECT ON DEFAMATION ACTION.—For pur16 poses of an action for defamation, a violation of section 

17 325 of the Federal Election Campaign Act of 1971, as 

18 added by subsection (a), shall constitute defamation per 

19 se. 


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1 PART 4—ASSESSMENT OF EXEMPTION OF REG2 ISTRATION REQUIREMENTS UNDER FARA 

3 FOR REGISTERED LOBBYISTS 

4 SEC. 4431. ASSESSMENT OF EXEMPTION OF REGISTRATION 

5 REQUIREMENTS UNDER FARA FOR REG6 ISTERED LOBBYISTS. 

7 Not later than 90 days after the date of the enact8 ment of this Act, the Comptroller General of the United 

9 States shall conduct and submit to Congress an assess10 ment of the implications of the exemption provided under 

11 the Foreign Agents Registration Act of 1938, as amended 

12 (22 U.S.C. 611 et seq.) for agents of foreign principals 

13 who are also registered lobbyists under the Lobbying Dis14 closure Act of 1995 (2 U.S.C. 1601 et seq.), and shall 

15 include in the assessment an analysis of the extent to 

16 which revisions in such Acts might mitigate the risk of 

17 foreign government money influencing elections or political 

18 processes in the United States. 


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1 Subtitle F—Secret Money 

2 Transparency 

3 SEC. 4501. REPEAL OF RESTRICTION OF USE OF FUNDS BY 

4 INTERNAL REVENUE SERVICE TO BRING 

5 TRANSPARENCY TO POLITICAL ACTIVITY OF 

6 CERTAIN NONPROFIT ORGANIZATIONS. 

7 Section 122 of the Financial Services and General 

8 Government Appropriations Act, 2021 (division E of Pub9 lic Law 116–260) is hereby repealed. 

10 SEC. 4502. REPEAL OF REGULATIONS. 

11 The final regulations of the Department of the Treas12 ury relating to guidance under section 6033 of the Inter13 nal Revenue Code of 1986 regarding the reporting require14 ments of exempt organizations (published at 85 Fed. Reg. 

15 31959 (May 28, 2020)) shall have no force and effect. 

16 Subtitle G—Shareholder Right-to17 Know 

18 SEC. 4601. REPEAL OF RESTRICTION ON USE OF FUNDS BY 

19 SECURITIES AND EXCHANGE COMMISSION TO 

20 ENSURE SHAREHOLDERS OF CORPORATIONS 

21 HAVE KNOWLEDGE OF CORPORATION POLIT22 ICAL ACTIVITY. 

23 Section 631 of the Financial Services and General 

24 Government Appropriations Act, 2021 (division E of Pub25 lic Law 116–260) is hereby repealed. 


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1 SEC. 4602. ASSESSMENT OF SHAREHOLDER PREFERENCES 

2 FOR DISBURSEMENTS FOR POLITICAL PUR3 POSES. 

4 (a) ASSESSMENT REQUIRED.—The Securities Ex5 change Act of 1934 (15 U.S.C. 78a et seq.) is amended 

6 by inserting after section 10D the following: 

7 ‘‘SEC. 10E. ASSESSMENT OF SHAREHOLDER PREFERENCES 

8 FOR DISBURSEMENTS FOR POLITICAL PUR9 POSES. 

10 ‘‘(a) ASSESSMENT REQUIRED BEFORE MAKING A

11 DISBURSEMENT FOR A POLITICAL PURPOSE.— 

12 ‘‘(1) REQUIREMENT.—An issuer with an equity 

13 security listed on a national securities exchange may 

14 not make a disbursement for a political purpose un15 less— 

16 ‘‘(A) the issuer has in place procedures to 

17 assess the preferences of the shareholders of the 

18 issuer with respect to making such disburse19 ments; and 

20 ‘‘(B) such an assessment has been made 

21 within the 1-year period ending on the date of 

22 such disbursement. 

23 ‘‘(2) TREATMENT OF ISSUERS WHOSE SHARE24 HOLDERS ARE PROHIBITED FROM EXPRESSING

25 PREFERENCES.—Notwithstanding paragraph (1), an 

26 issuer described under such paragraph with proceVerDate Sep 11 2014 00:08 Feb 08, 2022 Jkt 029200 PO 00000 Frm 00598 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RDS H1

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1 dures in place to assess the preferences of its share2 holders with respect to making disbursements for 

3 political purposes shall not be subject to the require4 ments of such paragraph if a majority of the number 

5 of the outstanding equity securities of the issuer are 

6 held by persons who are prohibited from expressing 

7 partisan or political preferences by law, contract, or 

8 the requirement to meet a fiduciary duty. 

9 ‘‘(3) NO ASSESSMENT OF PREFERENCES OF

10 FOREIGN NATIONALS.—Notwithstanding paragraph 

11 (1), an issuer described in such paragraph shall not 

12 use the procedures described in such paragraph to 

13 assess the preferences of any shareholder who is a 

14 foreign national, as defined in section 319 of the 

15 Federal Election Campaign Act of 1971 (52 U.S.C. 

16 30121). 

17 ‘‘(b) ASSESSMENT REQUIREMENTS.—The assess18 ment described under subsection (a) shall assess— 

19 ‘‘(1) which types of disbursements for a polit20 ical purpose the shareholder believes the issuer 

21 should make; 

22 ‘‘(2) whether the shareholder believes that such 

23 disbursements should be made in support of, or in 

24 opposition to, Republican, Democratic, Independent, 


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1 or other political party candidates and political com2 mittees; 

3 ‘‘(3) whether the shareholder believes that such 

4 disbursements should be made with respect to elec5 tions for Federal, State, or local office; and 

6 ‘‘(4) such other information as the Commission 

7 may specify, by rule. 

8 ‘‘(c) DISBURSEMENT FOR A POLITICAL PURPOSE DE9 FINED.— 

10 ‘‘(1) IN GENERAL.—For purposes of this sec11 tion, the term ‘disbursement for a political purpose’ 

12 means any of the following: 

13 ‘‘(A) A disbursement for an independent 

14 expenditure, as defined in section 301(17) of 

15 the Federal Election Campaign Act of 1971 (52 

16 U.S.C. 30101(17)). 

17 ‘‘(B) A disbursement for an electioneering 

18 communication, as defined in section 304(f) of 

19 the Federal Election Campaign Act of 1971 (52 

20 U.S.C. 30104(f)). 

21 ‘‘(C) A disbursement for any public com22 munication, as defined in section 301(22) of the 

23 Federal Election Campaign Act of 1971 (52 

24 U.S.C. 30101(22))— 


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1 ‘‘(i) which expressly advocates the 

2 election or defeat of a clearly identified 

3 candidate for election for Federal office, or 

4 is the functional equivalent of express ad5 vocacy because, when taken as a whole, it 

6 can be interpreted by a reasonable person 

7 only as advocating the election or defeat of 

8 a candidate for election for Federal office; 

9 or 

10 ‘‘(ii) which refers to a clearly identi11 fied candidate for election for Federal of12 fice and which promotes or supports a can13 didate for that office, or attacks or opposes 

14 a candidate for that office, without regard 

15 to whether the communication expressly 

16 advocates a vote for or against a candidate 

17 for that office. 

18 ‘‘(D) Any other disbursement which is 

19 made for the purpose of influencing the out20 come of an election for a public office. 

21 ‘‘(E) Any transfer of funds to another per22 son which is made with the intent that such 

23 person will use the funds to make a disburse24 ment described in subparagraphs (A) through 


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1 (D), or with the knowledge that the person will 

2 use the funds to make such a disbursement. 

3 ‘‘(2) EXCEPTIONS.—The term ‘disbursement 

4 for a political purpose’ does not include any of the 

5 following: 

6 ‘‘(A) Any disbursement made from a sepa7 rate segregated fund of the corporation under 

8 section 316 of the Federal Election Campaign 

9 Act of 1971 (52 U.S.C. 30118). 

10 ‘‘(B) Any transfer of funds to another per11 son which is made in a commercial transaction 

12 in the ordinary course of any trade or business 

13 conducted by the corporation or in the form of 

14 investments made by the corporation. 

15 ‘‘(C) Any transfer of funds to another per16 son which is subject to a written prohibition 

17 against the use of the funds for a disbursement 

18 for a political purpose. 

19 ‘‘(d) OTHER DEFINITIONS.—In this section, each of 

20 the terms ‘candidate’, ‘election’, ‘political committee’, and 

21 ‘political party’ has the meaning given such term under 

22 section 301 of the Federal Election Campaign Act of 1971 

23 (52 U.S.C. 30101).’’. 

24 (b) CONFORMING AMENDMENT TO FEDERAL ELEC25 TION CAMPAIGN ACT OF 1971 TO PROHIBIT DISBURSEVerDate Sep 11 2014 00:08 Feb 08, 2022 Jkt 029200 PO 00000 Frm 00602 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RDS H1

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1 MENTS BY CORPORATIONS FAILING TO ASSESS PREF2 ERENCES.—Section 316 of the Federal Election Campaign 

3 Act of 1971 (52 U.S.C. 30118) is amended by adding at 

4 the end the following new subsection: 

5 ‘‘(d) PROHIBITING DISBURSEMENTS BY CORPORA6 TIONS FAILING TO ASSESS SHAREHOLDER PREF7 ERENCES.— 

8 ‘‘(1) PROHIBITION.—It shall be unlawful for a 

9 corporation to make a disbursement for a political 

10 purpose unless the corporation has in place proce11 dures to assess the preferences of its shareholders 

12 with respect to making such disbursements, as pro13 vided in section 10E of the Securities Exchange Act 

14 of 1934. 

15 ‘‘(2) DEFINITION.—In this section, the term 

16 ‘disbursement for a political purpose’ has the mean17 ing given such term in section 10E(c) of the Securi18 ties Exchange Act of 1934.’’. 

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

20 this section shall apply with respect to disbursements 

21 made on or after December 31, 2021. 

22 SEC. 4603. GOVERNANCE AND OPERATIONS OF CORPORATE 

23 PACS. 

24 (a) ASSESSMENT OF GOVERNANCE.—Section 316 of 

25 the Federal Election Campaign Act of 1971 (52 U.S.C. 


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1 30118) is amended by adding at the end the following new 

2 subsection: 

3 ‘‘(d) ASSESSMENT OF GOVERNANCE.—The Commis4 sion shall, on an ongoing basis, collect information on the 

5 governance of the separate segregated funds of corpora6 tions under this section, using the most recent statements 

7 of organization provided by such funds under section 

8 303(a), including information on the following: 

9 ‘‘(1) The extent to which such funds have by10 laws which govern their operations. 

11 ‘‘(2) The extent to which those funds which 

12 have by-laws which govern their operations use a 

13 board of directors to oversee the operation of the 

14 fund. 

15 ‘‘(3) The characteristics of those individuals 

16 who serve on boards of directors which oversee the 

17 operations of such funds, including the relation of 

18 such individuals to the corporation.’’. 

19 (b) ANALYSIS OF DONORS.— 

20 (1) ANALYSIS.—The Federal Election Commis21 sion shall conduct an analysis of the composition of 

22 the base of donors to separate segregated funds of 

23 corporations under section 316 of the Federal Elec24 tion Campaign Act of 1971 (52 U.S.C. 30118). 


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1 (2) REPORT.—Not later than 180 days after 

2 the date of the enactment of this Act, the Commis3 sion shall submit to Congress a report on the anal4 ysis conducted under paragraph (1), and shall ini5 tiate the promulgation of a regulation to establish a 

6 new designation and classification of such separate 

7 segregated funds. 

8 Subtitle H—Disclosure of Political 

9 Spending by Government Con10 tractors 

11 SEC. 4701. REPEAL OF RESTRICTION ON USE OF FUNDS TO 

12 REQUIRE DISCLOSURE OF POLITICAL SPEND13 ING BY GOVERNMENT CONTRACTORS. 

14 Section 735 of the Financial Services and General 

15 Government Appropriations Act, 2021 (division E of Pub16 lic Law 116–260) is hereby repealed. 

17 Subtitle I—Limitation and Disclo18 sure Requirements for Presi19 dential Inaugural Committees 

20 SEC. 4801. SHORT TITLE. 

21 This subtitle may be cited as the ‘‘Presidential Inau22 gural Committee Oversight Act’’. 


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1 SEC. 4802. LIMITATIONS AND DISCLOSURE OF CERTAIN DO2 NATIONS TO, AND DISBURSEMENTS BY, INAU3 GURAL COMMITTEES. 

4 (a) REQUIREMENTS FOR INAUGURAL COMMIT5 TEES.—Title III of the Federal Election Campaign Act 

6 of 1971 (52 U.S.C. 30101 et seq.), as amended by section 

7 4421, is amended by adding at the end the following new 

8 section: 

9 ‘‘SEC. 326. INAUGURAL COMMITTEES. 

10 ‘‘(a) PROHIBITED DONATIONS.— 

11 ‘‘(1) IN GENERAL.—It shall be unlawful— 

12 ‘‘(A) for an Inaugural Committee— 

13 ‘‘(i) to solicit, accept, or receive a do14 nation from a person that is not an indi15 vidual; or 

16 ‘‘(ii) to solicit, accept, or receive a do17 nation from a foreign national; 

18 ‘‘(B) for a person— 

19 ‘‘(i) to make a donation to an Inau20 gural Committee in the name of another 

21 person, or to knowingly authorize his or 

22 her name to be used to effect such a dona23 tion; 

24 ‘‘(ii) to knowingly accept a donation 

25 to an Inaugural Committee made by a per26 son in the name of another person; or 


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1 ‘‘(iii) to convert a donation to an In2 augural Committee to personal use as de3 scribed in paragraph (2); and 

4 ‘‘(C) for a foreign national to, directly or 

5 indirectly, make a donation, or make an express 

6 or implied promise to make a donation, to an 

7 Inaugural Committee. 

8 ‘‘(2) CONVERSION OF DONATION TO PERSONAL

9 USE.—For purposes of paragraph (1)(B)(iii), a do10 nation shall be considered to be converted to per11 sonal use if any part of the donated amount is used 

12 to fulfill a commitment, obligation, or expense of a 

13 person that would exist irrespective of the respon14 sibilities of the Inaugural Committee under chapter 

15 5 of title 36, United States Code. 

16 ‘‘(3) NO EFFECT ON DISBURSEMENT OF UN17 USED FUNDS TO NONPROFIT ORGANIZATIONS.— 

18 Nothing in this subsection may be construed to pro19 hibit an Inaugural Committee from disbursing un20 used funds to an organization which is described in 

21 section 501(c)(3) of the Internal Revenue Code of 

22 1986 and is exempt from taxation under section 

23 501(a) of such Code. 

24 ‘‘(b) LIMITATION ON DONATIONS.— 


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1 ‘‘(1) IN GENERAL.—It shall be unlawful for an 

2 individual to make donations to an Inaugural Com3 mittee which, in the aggregate, exceed $50,000. 

4 ‘‘(2) INDEXING.—At the beginning of each 

5 Presidential election year (beginning with 2028), the 

6 amount described in paragraph (1) shall be in7 creased by the cumulative percent difference deter8 mined in section 315(c)(1)(A) since the previous 

9 Presidential election year. If any amount after such 

10 increase is not a multiple of $1,000, such amount 

11 shall be rounded to the nearest multiple of $1,000. 

12 ‘‘(c) DISCLOSURE OF CERTAIN DONATIONS AND DIS13 BURSEMENTS.— 

14 ‘‘(1) DONATIONS OVER $1,000.— 

15 ‘‘(A) IN GENERAL.—An Inaugural Com16 mittee shall file with the Commission a report 

17 disclosing any donation by an individual to the 

18 committee in an amount of $1,000 or more not 

19 later than 24 hours after the receipt of such do20 nation. 

21 ‘‘(B) CONTENTS OF REPORT.—A report 

22 filed under subparagraph (A) shall contain— 

23 ‘‘(i) the amount of the donation; 

24 ‘‘(ii) the date the donation is received; 

25 and 


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1 ‘‘(iii) the name and address of the in2 dividual making the donation. 

3 ‘‘(2) FINAL REPORT.—Not later than the date 

4 that is 90 days after the date of the Presidential in5 augural ceremony, the Inaugural Committee shall 

6 file with the Commission a report containing the fol7 lowing information: 

8 ‘‘(A) For each donation of money or any9 thing of value made to the committee in an ag10 gregate amount equal to or greater than 

11 $200— 

12 ‘‘(i) the amount of the donation; 

13 ‘‘(ii) the date the donation is received; 

14 and 

15 ‘‘(iii) the name and address of the in16 dividual making the donation. 

17 ‘‘(B) The total amount of all disburse18 ments, and all disbursements in the following 

19 categories: 

20 ‘‘(i) Disbursements made to meet 

21 committee operating expenses. 

22 ‘‘(ii) Repayment of all loans. 

23 ‘‘(iii) Donation refunds and other off24 sets to donations. 

25 ‘‘(iv) Any other disbursements. 


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1 ‘‘(C) The name and address of each per2 son— 

3 ‘‘(i) to whom a disbursement in an ag4 gregate amount or value in excess of $200 

5 is made by the committee to meet a com6 mittee operating expense, together with 

7 date, amount, and purpose of such oper8 ating expense; 

9 ‘‘(ii) who receives a loan repayment 

10 from the committee, together with the date 

11 and amount of such loan repayment; 

12 ‘‘(iii) who receives a donation refund 

13 or other offset to donations from the com14 mittee, together with the date and amount 

15 of such disbursement; and 

16 ‘‘(iv) to whom any other disbursement 

17 in an aggregate amount or value in excess 

18 of $200 is made by the committee, to19 gether with the date and amount of such 

20 disbursement. 

21 ‘‘(d) DEFINITIONS.—For purposes of this section: 

22 ‘‘(1)(A) The term ‘donation’ includes— 

23 ‘‘(i) any gift, subscription, loan, ad24 vance, or deposit of money or anything of 


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1 value made by any person to the com2 mittee; or 

3 ‘‘(ii) the payment by any person of 

4 compensation for the personal services of 

5 another person which are rendered to the 

6 committee without charge for any purpose. 

7 ‘‘(B) The term ‘donation’ does not include 

8 the value of services provided without com9 pensation by any individual who volunteers on 

10 behalf of the committee. 

11 ‘‘(2) The term ‘foreign national’ has the mean12 ing given that term by section 319(b). 

13 ‘‘(3) The term ‘Inaugural Committee’ has the 

14 meaning given that term by section 501 of title 36, 

15 United States Code.’’. 

16 (b) CONFIRMING AMENDMENT RELATED TO RE17 PORTING REQUIREMENTS.—Section 304 of the Federal 

18 Election Campaign Act of 1971 (52 U.S.C. 30104) is 

19 amended— 

20 (1) by striking subsection (h); and 

21 (2) by redesignating subsection (i) as subsection 

22 (h). 

23 (c) CONFORMING AMENDMENT RELATED TO STATUS

24 OF COMMITTEE.—Section 510 of title 36, United States 

25 Code, is amended to read as follows: 


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1 ‘‘§ 510. Disclosure of and prohibition on certain dona2 tions 

3 ‘‘A committee shall not be considered to be the Inau4 gural Committee for purposes of this chapter unless the 

5 committee agrees to, and meets, the requirements of sec6 tion 326 of the Federal Election Campaign Act of 1971.’’. 

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

8 this Act shall apply with respect to Inaugural Committees 

9 established under chapter 5 of title 36, United States 

10 Code, for inaugurations held in 2025 and any succeeding 

11 year. 

12 Subtitle J—Miscellaneous 

13 Provisions 

14 SEC. 4901. EFFECTIVE DATES OF PROVISIONS. 

15 Each provision of this title and each amendment 

16 made by a provision of this title shall take effect on the 

17 effective date provided under this title for such provision 

18 or such amendment without regard to whether or not the 

19 Federal Election Commission, the Attorney General, or 

20 any other person has promulgated regulations to carry out 

21 such provision or such amendment. 

22 SEC. 4902. SEVERABILITY. 

23 If any provision of this title or amendment made by 

24 this title, or the application of a provision or amendment 

25 to any person or circumstance, is held to be unconstitu26 tional, the remainder of this title and amendments made 


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1 by this title, and the application of the provisions and 

2 amendment to any person or circumstance, shall not be 

3 affected by the holding. 

4 TITLE V—CAMPAIGN FINANCE 

5 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. Assessments against fines and penalties. 

Sec. 5115. Study and report on small dollar financing program. 

Sec. 5116. Effective date. 

Subtitle C—Presidential Elections 

Sec. 5200. Short title. 

PART 1—PRIMARY ELECTIONS

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

Sec. 5202. Eligibility requirements for matching payments. 

Sec. 5203. Repeal of expenditure limitations. 

Sec. 5204. Period of availability of matching payments. 

Sec. 5205. Examination and audits of matchable contributions. 

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

candidates. 

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

PART 2—GENERAL ELECTIONS

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

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

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

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

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

Sec. 5216. Amounts in Presidential Election Campaign Fund. 

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

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

PART 3—EFFECTIVE DATE

Sec. 5221. Effective date. 

Subtitle D—Personal Use Services as Authorized Campaign Expenditures 

Sec. 5301. Short title; findings; purpose. 

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


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Subtitle E—Empowering Small Dollar Donations 

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

for candidates through use of separate small dollar accounts. 

Subtitle F—Severability 

Sec. 5501. Severability. 

1 Subtitle A—Findings Relating to 

2 Citizens United Decision 

3 SEC. 5001. FINDINGS RELATING TO CITIZENS UNITED DECI4 SION. 

5 Congress finds the following: 

6 (1) The American Republic was founded on the 

7 principle that all people are created equal, with 

8 rights and responsibilities as citizens to vote, be rep9 resented, speak, debate, and participate in self-gov10 ernment on equal terms regardless of wealth. To se11 cure these rights and responsibilities, our Constitu12 tion not only protects the equal rights of all Ameri13 cans but also provides checks and balances to pre14 vent corruption and prevent concentrated power and 

15 wealth from undermining effective self-government. 

16 (2) The Founders designed the First Amend17 ment to help prevent tyranny by ensuring that the 

18 people have the tools they need to ensure self-gov19 ernment and to keep their elected leaders responsive 

20 to the public. The Amendment thus guarantees the 

21 right of everyone to speak, to petition the govern22 ment for redress, to assemble together, and for a 


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1 free press. If only the wealthiest individuals can par2 ticipate meaningfully in our democracy, then these 

3 First Amendment principles become an illusion. 

4 (3) Campaign finance laws promote these First 

5 Amendment interests. They increase robust debate 

6 from diverse voices, enhance the responsiveness of 

7 elected officeholders, and help prevent corruption. 

8 They do not censor anyone’s speech but simply en9 sure that no one’s speech is drowned out. The Su10 preme Court has failed to recognize that these laws 

11 are essential, proactive rules that help guarantee 

12 true democratic self-government. 

13 (4) The Supreme Court’s decisions in Citizens 

14 United v. Federal Election Commission, 558 U.S. 

15 310 (2010) and McCutcheon v. FEC, 572 U.S. 185 

16 (2014), as well as other court decisions, erroneously 

17 invalidated even-handed rules about the spending of 

18 money in local, State, and Federal elections. These 

19 rules do not prevent anyone from speaking their 

20 mind, much less pick winners and losers of political 

21 debates. Although the Court has upheld other con22 tent-neutral laws like these, it has failed to apply to 

23 same logic to campaign finance laws. These flawed 

24 decisions have empowered large corporations, ex25 tremely wealthy individuals, and special interests to 


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1 dominate election spending, corrupt our politics, and 

2 degrade our democracy through tidal waves of un3 limited and anonymous spending. These decisions 

4 also stand in contrast to a long history of efforts by 

5 Congress and the States to regulate money in poli6 tics to protect democracy, and they illustrate a trou7 bling deregulatory trend in campaign finance-related 

8 court decisions. Additionally, an unknown amount of 

9 foreign money continues to be spent in our political 

10 system as subsidiaries of foreign-based corporations 

11 and hostile foreign actors sometimes connected to 

12 nation-states work to influence our elections. 

13 (5) The Supreme Court’s misinterpretation of 

14 the Constitution to empower monied interests at the 

15 expense of the American people in elections has seri16 ously eroded over 100 years of congressional action 

17 to promote fairness and protect elections from the 

18 toxic influence of money. 

19 (6) In 1907, Congress passed the Tillman Act 

20 in response to the concentration of corporate power 

21 in the post-Civil War Gilded Age. The Act prohibited 

22 corporations from making contributions in connec23 tion with Federal elections, aiming ‘‘not merely to 

24 prevent the subversion of the integrity of the elec25 toral process [but] * * * to sustain the active, alert 


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1 responsibility of the individual citizen in a democ2 racy for the wise conduct of government’’. 

3 (7) By 1910, Congress began passing disclosure 

4 requirements and campaign expenditure limits, and 

5 dozens of States passed corrupt practices Acts to 

6 prohibit corporate spending in elections. States also 

7 enacted campaign spending limits, and some States 

8 limited the amount that people could contribute to 

9 campaigns. 

10 (8) In 1947, the Taft-Hartley Act prohibited 

11 corporations and unions from making campaign con12 tributions or other expenditures to influence elec13 tions. In 1962, a Presidential commission on election 

14 spending recommended spending limits and incen15 tives to increase small contributions from more peo16 ple. 

17 (9) The Federal Election Campaign Act of 

18 1971 (FECA), as amended in 1974, required disclo19 sure of contributions and expenditures, imposed con20 tribution and expenditure limits for individuals and 

21 groups, set spending limits for campaigns, can22 didates, and groups, implemented a public funding 

23 system for Presidential campaigns, and created the 

24 Federal Election Commission to oversee and enforce 

25 the new rules. 


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1 (10) In the wake of Citizens United and other 

2 damaging Federal court decisions, Americans have 

3 witnessed an explosion of outside spending in elec4 tions. Outside spending increased more than 700 

5 percent between the 2008 and 2020 Presidential 

6 election years. Spending by outside groups nearly 

7 doubled again from 2016 to 2020 with super PACs, 

8 tax-exempt groups, and others spending more than 

9 $3,000,000,000. And as political entities adapt to a 

10 post-Citizens United, post-McCutcheon landscape, 

11 these trends are getting worse, as evidenced by the 

12 record-setting 2020 elections which cost more than 

13 $14,000,000,000 in total. 

14 (11) Since the landmark Citizens United deci15 sion, 21 States and more than 800 municipalities, 

16 including large cities like New York, Los Angeles, 

17 Chicago, and Philadelphia, have gone on record sup18 porting a constitutional amendment. Transcending 

19 political leanings and geographic location, voters in 

20 States and municipalities across the country that 

21 have placed amendment questions on the ballot have 

22 routinely supported these initiatives by considerably 

23 large margins. 

24 (12) The Court has tied the hands of Congress 

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1 ting reasonable limits on campaign spending. For 

2 example, the Court has held that only the Govern3 ment’s interest in preventing quid pro quo corrup4 tion, like bribery, or the appearance of such corrup5 tion, can justify limits on campaign contributions. 

6 More broadly, the Court has severely curtailed at7 tempts to reduce the ability of the Nation’s wealthi8 est and most powerful to skew our democracy in 

9 their favor by buying outsized influence in our elec10 tions. Because this distortion of the Constitution has 

11 prevented other critical regulation or reform of the 

12 way we finance elections in America, a constitutional 

13 amendment is needed to achieve a democracy for all 

14 the people. 

15 (13) The torrent of money flowing into our po16 litical system has a profound effect on the demo17 cratic process for everyday Americans, whose voices 

18 and policy preferences are increasingly being 

19 drowned out by those of wealthy special interests. 

20 The more campaign cash from wealthy special inter21 ests can flood our elections, the more policies that 

22 favor those interests are reflected in the national po23 litical agenda. When it comes to policy preferences, 

24 our Nation’s wealthiest tend to have fundamentally 

25 different views than do average Americans when it 


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1 comes to issues ranging from unemployment benefits 

2 to the minimum wage to health care coverage. 

3 (14) At the same time millions of Americans 

4 have signed petitions, marched, called their Members 

5 of Congress, written letters to the editor, and other6 wise demonstrated their public support for a con7 stitutional amendment to overturn Citizens United 

8 that will allow Congress to reign in the outsized in9 fluence of unchecked money in politics. Dozens of 

10 organizations, representing tens of millions of indi11 viduals, have come together in a shared strategy of 

12 supporting such an amendment. 

13 (15) In order to protect the integrity of democ14 racy and the electoral process and to ensure political 

15 equality for all, the Constitution should be amended 

16 so that Congress and the States may regulate and 

17 set limits on the raising and spending of money to 

18 influence elections and may distinguish between nat19 ural persons and artificial entities, like corporations, 

20 that are created by law, including by prohibiting 

21 such artificial entities from spending money to influ22 ence elections. 


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1 Subtitle B—Congressional 

2 Elections 

3 SEC. 5100. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Government By 

5 the People Act of 2021’’. 

6 PART 1—MY VOICE VOUCHER PILOT PROGRAM 

7 SEC. 5101. ESTABLISHMENT OF PILOT PROGRAM. 

8 (a) ESTABLISHMENT.—The Federal Election Com9 mission (hereafter in this part referred to as the ‘‘Commis10 sion’’) shall establish a pilot program under which the 

11 Commission shall select 3 eligible States to operate a 

12 voucher pilot program which is described in section 5102 

13 during the program operation period. 

14 (b) ELIGIBILITY OF STATES.—A State is eligible to 

15 be selected to operate a voucher pilot program under this 

16 part if, not later than 180 days after the beginning of the 

17 program application period, the State submits to the Com18 mission an application containing— 

19 (1) information and assurances that the State 

20 will operate a voucher program which contains the 

21 elements described in section 5102(a); 

22 (2) information and assurances that the State 

23 will establish fraud prevention mechanisms described 

24 in section 5102(b); 


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1 (3) information and assurances that the State 

2 will establish a commission to oversee and implement 

3 the program as described in section 5102(c); 

4 (4) information and assurances that the State 

5 will carry out a public information campaign as de6 scribed in section 5102(d); 

7 (5) information and assurances that the State 

8 will submit reports as required under section 5103; 

9 and 

10 (6) such other information and assurances as 

11 the Commission may require. 

12 (c) SELECTION OF PARTICIPATING STATES.— 

13 (1) IN GENERAL.—Not later than 1 year after 

14 the beginning of the program application period, the 

15 Commission shall select the 3 States which will oper16 ate voucher pilot programs under this part. 

17 (2) CRITERIA.—In selecting States for the oper18 ation of the voucher pilot programs under this part, 

19 the Commission shall apply such criteria and metrics 

20 as the Commission considers appropriate to deter21 mine the ability of a State to operate the program 

22 successfully, and shall attempt to select States in a 

23 variety of geographic regions and with a variety of 

24 political party preferences. 


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1 (3) NO SUPERMAJORITY REQUIRED FOR SELEC2 TION.—The selection of States by the Commission 

3 under this subsection shall require the approval of 

4 only half of the Members of the Commission. 

5 (d) DUTIES OF STATES DURING PROGRAM PREPARA6 TION PERIOD.—During the program preparation period, 

7 each State selected to operate a voucher pilot program 

8 under this part shall take such actions as may be nec9 essary to ensure that the State will be ready to operate 

10 the program during the program operation period, and 

11 shall complete such actions not later than 90 days before 

12 the beginning of the program operation period. 

13 (e) TERMINATION.—Each voucher pilot program 

14 under this part shall terminate as of the first day after 

15 the program operation period. 

16 (f) REIMBURSEMENT OF COSTS.— 

17 (1) REIMBURSEMENT.—Upon receiving the re18 port submitted by a State under section 5103(a) 

19 with respect to an election cycle, the Commission 

20 shall transmit a payment to the State in an amount 

21 equal to the reasonable costs incurred by the State 

22 in operating the voucher pilot program under this 

23 part during the cycle. 

24 (2) SOURCE OF FUNDS.—Payments to States 

25 under the program shall be made using amounts in 


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1 the Freedom From Influence Fund under section 

2 541 of the Federal Election Campaign Act of 1971 

3 (as added by section 5111), hereafter referred to as 

4 the ‘‘Fund’’. 

5 (3) MANDATORY REDUCTION OF PAYMENTS IN

6 CASE OF INSUFFICIENT AMOUNTS IN FREEDOM

7 FROM INFLUENCE FUND.— 

8 (A) ADVANCE AUDITS BY COMMISSION.— 

9 Not later than 90 days before the first day of 

10 each program operation period, the Commission 

11 shall— 

12 (i) audit the Fund to determine 

13 whether, after first making payments to 

14 participating candidates under title V of 

15 the Federal Election Campaign Act of 

16 1971 (as added by section 5111), the 

17 amounts remaining in the Fund will be 

18 sufficient to make payments to States 

19 under this part in the amounts provided 

20 under this subsection; and 

21 (ii) submit a report to Congress de22 scribing the results of the audit. 

23 (B) REDUCTIONS IN AMOUNT OF PAY24 MENTS.— 


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1 (i) AUTOMATIC REDUCTION ON PRO

2 RATA BASIS.—If, on the basis of the audit 

3 described in subparagraph (A), the Com4 mission determines that the amount antici5 pated to be available in the Fund with re6 spect to an election cycle involved is not, or 

7 may not be, sufficient to make payments to 

8 States under this part in the full amount 

9 provided under this subsection, the Com10 mission shall reduce each amount which 

11 would otherwise be paid to a State under 

12 this subsection by such pro rata amount as 

13 may be necessary to ensure that the aggre14 gate amount of payments anticipated to be 

15 made with respect to the cycle will not ex16 ceed the amount anticipated to be available 

17 for such payments in the Fund with re18 spect to such cycle. 

19 (ii) RESTORATION OF REDUCTIONS IN

20 CASE OF AVAILABILITY OF SUFFICIENT

21 FUNDS DURING ELECTION CYCLE.—If, 

22 after reducing the amounts paid to States 

23 with respect to an election cycle under 

24 clause (i), the Commission determines that 

25 there are sufficient amounts in the Fund 


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1 to restore the amount by which such pay2 ments were reduced (or any portion there3 of), to the extent that such amounts are 

4 available, the Commission may make a 

5 payment on a pro rata basis to each such 

6 State with respect to the cycle in the 

7 amount by which such State’s payments 

8 were reduced under clause (i) (or any por9 tion thereof, as the case may be). 

10 (iii) NO USE OF AMOUNTS FROM

11 OTHER SOURCES.—In any case in which 

12 the Commission determines that there are 

13 insufficient moneys in the Fund to make 

14 payments to States under this part, mon15 eys shall not be made available from any 

16 other source for the purpose of making 

17 such payments. 

18 (4) CAP ON AMOUNT OF PAYMENT.—The aggre19 gate amount of payments made to any State with re20 spect to any program operation period may not ex21 ceed $10,000,000. If the State determines that the 

22 maximum payment amount under this paragraph 

23 with respect to the program operation period in24 volved is not, or may not be, sufficient to cover the 

25 reasonable costs incurred by the State in operating 


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1 the program under this part for such period, the 

2 State shall reduce the amount of the voucher pro3 vided to each qualified individual by such pro rata 

4 amount as may be necessary to ensure that the rea5 sonable costs incurred by the State in operating the 

6 program will not exceed the amount paid to the 

7 State with respect to such period. 

8 SEC. 5102. VOUCHER PROGRAM DESCRIBED. 

9 (a) GENERAL ELEMENTS OF PROGRAM.— 

10 (1) ELEMENTS DESCRIBED.—The elements of a 

11 voucher pilot program operated by a State under 

12 this part are as follows: 

13 (A) The State shall provide each qualified 

14 individual upon the individual’s request with a 

15 voucher worth $25 to be known as a ‘‘My Voice 

16 Voucher’’ during the election cycle which will be 

17 assigned a routing number and which at the op18 tion of the individual will be provided in either 

19 paper or electronic form. 

20 (B) Using the routing number assigned to 

21 the My Voice Voucher, the individual may sub22 mit the My Voice Voucher in either electronic 

23 or paper form to qualified candidates for elec24 tion for the office of Representative in, or Dele25 gate or Resident Commissioner to, the Congress 


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1 and allocate such portion of the value of the My 

2 Voice Voucher in increments of $5 as the indi3 vidual may select to any such candidate. 

4 (C) If the candidate transmits the My 

5 Voice Voucher to the Commission, the Commis6 sion shall pay the candidate the portion of the 

7 value of the My Voice Voucher that the indi8 vidual allocated to the candidate, which shall be 

9 considered a contribution by the individual to 

10 the candidate for purposes of the Federal Elec11 tion Campaign Act of 1971. 

12 (2) DESIGNATION OF QUALIFIED INDIVID13 UALS.—For purposes of paragraph (1)(A), a ‘‘quali14 fied individual’’ with respect to a State means an in15 dividual— 

16 (A) who is a resident of the State; 

17 (B) who will be of voting age as of the 

18 date of the election for the candidate to whom 

19 the individual submits a My Voice Voucher; and 

20 (C) who is not prohibited under Federal 

21 law from making contributions to candidates 

22 for election for Federal office. 

23 (3) TREATMENT AS CONTRIBUTION TO CAN24 DIDATE.—For purposes of the Federal Election 

25 Campaign Act of 1971, the submission of a My 


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1 Voice Voucher to a candidate by an individual shall 

2 be treated as a contribution to the candidate by the 

3 individual in the amount of the portion of the value 

4 of the Voucher that the individual allocated to the 

5 candidate. 

6 (b) FRAUD PREVENTION MECHANISM.—In addition 

7 to the elements described in subsection (a), a State oper8 ating a voucher pilot program under this part shall permit 

9 an individual to revoke a My Voice Voucher not later than 

10 2 days after submitting the My Voice Voucher to a can11 didate. 

12 (c) OVERSIGHT COMMISSION.—In addition to the ele13 ments described in subsection (a), a State operating a 

14 voucher pilot program under this part shall establish a 

15 commission or designate an existing entity to oversee and 

16 implement the program in the State, except that no such 

17 commission or entity may be comprised of elected officials. 

18 (d) PUBLIC INFORMATION CAMPAIGN.—In addition 

19 to the elements described in subsection (a), a State oper20 ating a voucher pilot program under this part shall carry 

21 out a public information campaign to disseminate aware22 ness of the program among qualified individuals. 

23 SEC. 5103. REPORTS. 

24 (a) PRELIMINARY REPORT.—Not later than 6 

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1 ation period, a State which operates a voucher pilot pro2 gram under this part shall submit a report to the Commis3 sion analyzing the operation and effectiveness of the pro4 gram during the cycle and including such other informa5 tion as the Commission may require. 

6 (b) FINAL REPORT.—Not later than 6 months after 

7 the end of the program operation period, the State shall 

8 submit a final report to the Commission analyzing the op9 eration and effectiveness of the program and including 

10 such other information as the Commission may require. 

11 (c) STUDY AND REPORT ON IMPACT AND EFFEC12 TIVENESS OF VOUCHER PROGRAMS.— 

13 (1) STUDY.—The Federal Election Commission 

14 shall conduct a study on the efficacy of political 

15 voucher programs, including the program under this 

16 part and other similar programs, in expanding and 

17 diversifying the pool of individuals who participate in 

18 the electoral process, including those who participate 

19 as donors and those who participate as candidates. 

20 (2) REPORT.—Not later than 1 year after the 

21 date of the enactment of this Act, the Commission 

22 shall publish and submit to Congress a report on the 

23 study conducted under subsection (a), and shall in24 clude in the report such recommendations as the 

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1 able political voucher programs to be implemented 

2 on a national scale. 

3 SEC. 5104. DEFINITIONS. 

4 (a) ELECTION CYCLE.—In this part, the term ‘‘elec5 tion cycle’’ means the period beginning on the day after 

6 the date of the most recent regularly scheduled general 

7 election for Federal office and ending on the date of the 

8 next regularly scheduled general election for Federal of9 fice. 

10 (b) DEFINITIONS RELATING TO PERIODS.—In this 

11 part, the following definitions apply: 

12 (1) PROGRAM APPLICATION PERIOD.—The term 

13 ‘‘program application period’’ means the first elec14 tion cycle which begins after the date of the enact15 ment of this Act. 

16 (2) PROGRAM PREPARATION PERIOD.—The 

17 term ‘‘program preparation period’’ means the first 

18 election cycle which begins after the program appli19 cation period. 

20 (3) PROGRAM OPERATION PERIOD.—The term 

21 ‘‘program operation period’’ means the first 2 elec22 tion cycles which begin after the program prepara23 tion period. 


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1 PART 2—SMALL DOLLAR FINANCING OF 

2 CONGRESSIONAL ELECTION CAMPAIGNS 

3 SEC. 5111. BENEFITS AND ELIGIBILITY REQUIREMENTS 

4 FOR CANDIDATES. 

5 The Federal Election Campaign Act of 1971 (52 

6 U.S.C. 30101 et seq.) is amended by adding at the end 

7 the following: 

8 ‘‘TITLE V—SMALL DOLLAR FI9 NANCING OF CONGRES10 SIONAL ELECTION CAM11 PAIGNS 

12 ‘‘Subtitle A—Benefits 

13 ‘‘SEC. 501. BENEFITS FOR PARTICIPATING CANDIDATES. 

14 ‘‘(a) IN GENERAL.—If a candidate for election to the 

15 office of Representative in, or Delegate or Resident Com16 missioner to, the Congress is certified as a participating 

17 candidate under this title with respect to an election for 

18 such office, the candidate shall be entitled to payments 

19 as provided under this title. 

20 ‘‘(b) AMOUNT OF PAYMENT.—The amount of a pay21 ment made under this title shall be equal to 600 percent 

22 of the amount of qualified small dollar contributions re23 ceived by the candidate since the most recent payment 

24 made to the candidate under this title during the election 

25 cycle, without regard to whether or not the candidate re26 ceived any of the contributions before, during, or after the 


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1 Small Dollar Democracy qualifying period applicable to 

2 the candidate under section 511(c). 

3 ‘‘(c) LIMIT ON AGGREGATE AMOUNT OF PAY4 MENTS.—The aggregate amount of payments made to a 

5 participating candidate with respect to an election cycle 

6 under this title may not exceed 50 percent of the average 

7 of the 20 greatest amounts of disbursements made by the 

8 authorized committees of any winning candidate for the 

9 office of Representative in, or Delegate or Resident Com10 missioner to, the Congress during the most recent election 

11 cycle, rounded to the nearest $100,000. 

12 ‘‘SEC. 502. PROCEDURES FOR MAKING PAYMENTS. 

13 ‘‘(a) IN GENERAL.—The Commission shall make a 

14 payment under section 501 to a candidate who is certified 

15 as a participating candidate upon receipt from the can16 didate of a request for a payment which includes— 

17 ‘‘(1) a statement of the number and amount of 

18 qualified small dollar contributions received by the 

19 candidate since the most recent payment made to 

20 the candidate under this title during the election 

21 cycle; 

22 ‘‘(2) a statement of the amount of the payment 

23 the candidate anticipates receiving with respect to 

24 the request; 


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1 ‘‘(3) a statement of the total amount of pay2 ments the candidate has received under this title as 

3 of the date of the statement; and 

4 ‘‘(4) such other information and assurances as 

5 the Commission may require. 

6 ‘‘(b) RESTRICTIONS ON SUBMISSION OF RE7 QUESTS.—A candidate may not submit a request under 

8 subsection (a) unless each of the following applies: 

9 ‘‘(1) The amount of the qualified small dollar 

10 contributions in the statement referred to in sub11 section (a)(1) is equal to or greater than $5,000, un12 less the request is submitted during the 30-day pe13 riod which ends on the date of a general election. 

14 ‘‘(2) The candidate did not receive a payment 

15 under this title during the 7-day period which ends 

16 on the date the candidate submits the request. 

17 ‘‘(c) TIME OF PAYMENT.—The Commission shall, in 

18 coordination with the Secretary of the Treasury, take such 

19 steps as may be necessary to ensure that the Secretary 

20 is able to make payments under this section from the 

21 Treasury not later than 2 business days after the receipt 

22 of a request submitted under subsection (a). 

23 ‘‘SEC. 503. USE OF FUNDS. 

24 ‘‘(a) USE OF FUNDS FOR AUTHORIZED CAMPAIGN

25 EXPENDITURES.—A candidate shall use payments made 


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1 under this title, including payments provided with respect 

2 to a previous election cycle which are withheld from remit3 tance to the Commission in accordance with section 

4 524(a)(2), only for making direct payments for the receipt 

5 of goods and services which constitute authorized expendi6 tures (as determined in accordance with title III) in con7 nection with the election cycle involved. 

8 ‘‘(b) PROHIBITING USE OF FUNDS FOR LEGAL EX9 PENSES, FINES, OR PENALTIES.—Notwithstanding title 

10 III, a candidate may not use payments made under this 

11 title for the payment of expenses incurred in connection 

12 with any action, claim, or other matter before the Commis13 sion or before any court, hearing officer, arbitrator, or 

14 other dispute resolution entity, or for the payment of any 

15 fine or civil monetary penalty. 

16 ‘‘SEC. 504. QUALIFIED SMALL DOLLAR CONTRIBUTIONS DE17 SCRIBED. 

18 ‘‘(a) IN GENERAL.—In this title, the term ‘qualified 

19 small dollar contribution’ means, with respect to a can20 didate and the authorized committees of a candidate, a 

21 contribution that meets the following requirements: 

22 ‘‘(1) The contribution is in an amount that is— 

23 ‘‘(A) not less than $1; and 

24 ‘‘(B) not more than $200. 


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1 ‘‘(2)(A) The contribution is made directly by an 

2 individual to the candidate or an authorized com3 mittee of the candidate and is not— 

4 ‘‘(i) forwarded from the individual making 

5 the contribution to the candidate or committee 

6 by another person; or 

7 ‘‘(ii) received by the candidate or com8 mittee with the knowledge that the contribution 

9 was made at the request, suggestion, or rec10 ommendation of another person. 

11 ‘‘(B) In this paragraph— 

12 ‘‘(i) the term ‘person’ does not include an 

13 individual (other than an individual described in 

14 section 304(i)(7) of the Federal Election Cam15 paign Act of 1971), a political committee of a 

16 political party, or any political committee which 

17 is not a separate segregated fund described in 

18 section 316(b) of the Federal Election Cam19 paign Act of 1971 and which does not make 

20 contributions or independent expenditures, does 

21 not engage in lobbying activity under the Lob22 bying Disclosure Act of 1995 (2 U.S.C. 1601 et 

23 seq.), and is not established by, controlled by, 

24 or affiliated with a registered lobbyist under 

25 such Act, an agent of a registered lobbyist 


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1 under such Act, or an organization which re2 tains or employs a registered lobbyist under 

3 such Act; and 

4 ‘‘(ii) a contribution is not ‘made at the re5 quest, suggestion, or recommendation of an6 other person’ solely on the grounds that the 

7 contribution is made in response to information 

8 provided to the individual making the contribu9 tion by any person, so long as the candidate or 

10 authorized committee does not know the iden11 tity of the person who provided the information 

12 to such individual. 

13 ‘‘(3) The individual who makes the contribution 

14 does not make contributions to the candidate or the 

15 authorized committees of the candidate with respect 

16 to the election involved in an aggregate amount that 

17 exceeds the amount described in paragraph (1)(B), 

18 or any contribution to the candidate or the author19 ized committees of the candidate with respect to the 

20 election involved that otherwise is not a qualified 

21 small dollar contribution. 

22 ‘‘(b) TREATMENT OF MY VOICE VOUCHERS.—Any 

23 payment received by a candidate and the authorized com24 mittees of a candidate which consists of a My Voice 

25 Voucher under the Government By the People Act of 2021 


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1 shall be considered a qualified small dollar contribution 

2 for purposes of this title, so long as the individual making 

3 the payment meets the requirements of paragraphs (2) 

4 and (3) of subsection (a). 

5 ‘‘(c) RESTRICTION ON SUBSEQUENT CONTRIBU6 TIONS.— 

7 ‘‘(1) PROHIBITING DONOR FROM MAKING SUB8 SEQUENT NONQUALIFIED CONTRIBUTIONS DURING

9 ELECTION CYCLE.— 

10 ‘‘(A) IN GENERAL.—An individual who 

11 makes a qualified small dollar contribution to a 

12 candidate or the authorized committees of a 

13 candidate with respect to an election may not 

14 make any subsequent contribution to such can15 didate or the authorized committees of such 

16 candidate with respect to the election cycle 

17 which is not a qualified small dollar contribu18 tion. 

19 ‘‘(B) EXCEPTION FOR CONTRIBUTIONS TO

20 CANDIDATES WHO VOLUNTARILY WITHDRAW

21 FROM PARTICIPATION DURING QUALIFYING PE22 RIOD.—Subparagraph (A) does not apply with 

23 respect to a contribution made to a candidate 

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1 mits a statement to the Commission under sec2 tion 513(c) to voluntarily withdraw from par3 ticipating in the program under this title. 

4 ‘‘(2) TREATMENT OF SUBSEQUENT NON5 QUALIFIED CONTRIBUTIONS.—If, notwithstanding 

6 the prohibition described in paragraph (1), an indi7 vidual who makes a qualified small dollar contribu8 tion to a candidate or the authorized committees of 

9 a candidate with respect to an election makes a sub10 sequent contribution to such candidate or the au11 thorized committees of such candidate with respect 

12 to the election which is prohibited under paragraph 

13 (1) because it is not a qualified small dollar con14 tribution, the candidate may take one of the fol15 lowing actions: 

16 ‘‘(A) Not later than 2 weeks after receiving 

17 the contribution, the candidate may return the 

18 subsequent contribution to the individual. In 

19 the case of a subsequent contribution which is 

20 not a qualified small dollar contribution because 

21 the contribution fails to meet the requirements 

22 of paragraph (3) of subsection (a) (relating to 

23 the aggregate amount of contributions made to 

24 the candidate or the authorized committees of 

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1 tribution), the candidate may return an amount 

2 equal to the difference between the amount of 

3 the subsequent contribution and the amount de4 scribed in paragraph (1)(B) of subsection (a). 

5 ‘‘(B) The candidate may retain the subse6 quent contribution, so long as not later than 2 

7 weeks after receiving the subsequent contribu8 tion, the candidate remits to the Commission 

9 for deposit in the Freedom From Influence 

10 Fund under section 541 an amount equal to 

11 any payments received by the candidate under 

12 this title which are attributable to the qualified 

13 small dollar contribution made by the individual 

14 involved. 

15 ‘‘(3) NO EFFECT ON ABILITY TO MAKE MUL16 TIPLE CONTRIBUTIONS.—Nothing in this section 

17 may be construed to prohibit an individual from 

18 making multiple qualified small dollar contributions 

19 to any candidate or any number of candidates, so 

20 long as each contribution meets each of the require21 ments of paragraphs (1), (2), and (3) of subsection 

22 (a). 

23 ‘‘(d) NOTIFICATION REQUIREMENTS FOR CAN24 DIDATES.— 


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1 ‘‘(1) NOTIFICATION.—Each authorized com2 mittee of a candidate who seeks to be a participating 

3 candidate under this title shall provide the following 

4 information in any materials for the solicitation of 

5 contributions, including any internet site through 

6 which individuals may make contributions to the 

7 committee: 

8 ‘‘(A) A statement that if the candidate is 

9 certified as a participating candidate under this 

10 title, the candidate will receive matching pay11 ments in an amount which is based on the total 

12 amount of qualified small dollar contributions 

13 received. 

14 ‘‘(B) A statement that a contribution 

15 which meets the requirements set forth in sub16 section (a) shall be treated as a qualified small 

17 dollar contribution under this title. 

18 ‘‘(C) A statement that if a contribution is 

19 treated as qualified small dollar contribution 

20 under this title, the individual who makes the 

21 contribution may not make any contribution to 

22 the candidate or the authorized committees of 

23 the candidate during the election cycle which is 

24 not a qualified small dollar contribution. 


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1 ‘‘(2) ALTERNATIVE METHODS OF MEETING RE2 QUIREMENTS.—An authorized committee may meet 

3 the requirements of paragraph (1)— 

4 ‘‘(A) by including the information de5 scribed in paragraph (1) in the receipt provided 

6 under section 512(b)(3) to a person making a 

7 qualified small dollar contribution; or 

8 ‘‘(B) by modifying the information it pro9 vides to persons making contributions which is 

10 otherwise required under title III (including in11 formation it provides through the internet). 

12 ‘‘Subtitle B—Eligibility and 

13 Certification 

14 ‘‘SEC. 511. ELIGIBILITY. 

15 ‘‘(a) IN GENERAL.—A candidate for the office of 

16 Representative in, or Delegate or Resident Commissioner 

17 to, the Congress is eligible to be certified as a participating 

18 candidate under this title with respect to an election if 

19 the candidate meets the following requirements: 

20 ‘‘(1) The candidate files with the Commission a 

21 statement of intent to seek certification as a partici22 pating candidate. 

23 ‘‘(2) The candidate meets the qualifying re24 quirements of section 512. 


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1 ‘‘(3) The candidate files with the Commission a 

2 statement certifying that the authorized committees 

3 of the candidate meet the requirements of section 

4 504(d). 

5 ‘‘(4) Not later than the last day of the Small 

6 Dollar Democracy qualifying period, the candidate 

7 files with the Commission an affidavit signed by the 

8 candidate and the treasurer of the candidate’s prin9 cipal campaign committee declaring that the can10 didate— 

11 ‘‘(A) has complied and, if certified, will 

12 comply with the contribution and expenditure 

13 requirements of section 521; 

14 ‘‘(B) if certified, will run only as a partici15 pating candidate for all elections for the office 

16 that such candidate is seeking during that elec17 tion cycle; and 

18 ‘‘(C) has either qualified or will take steps 

19 to qualify under State law to be on the ballot. 

20 ‘‘(b) GENERAL ELECTION.—Notwithstanding sub21 section (a), a candidate shall not be eligible to be certified 

22 as a participating candidate under this title for a general 

23 election or a general runoff election unless the candidate’s 

24 party nominated the candidate to be placed on the ballot 


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1 for the general election or the candidate is otherwise quali2 fied to be on the ballot under State law. 

3 ‘‘(c) SMALL DOLLAR DEMOCRACY QUALIFYING PE4 RIOD DEFINED.—The term ‘Small Dollar Democracy 

5 qualifying period’ means, with respect to any candidate 

6 for an office, the 180-day period (during the election cycle 

7 for such office) which begins on the date on which the 

8 candidate files a statement of intent under section 

9 511(a)(1), except that such period may not continue after 

10 the date that is 30 days before the date of the general 

11 election for the office. 

12 ‘‘SEC. 512. QUALIFYING REQUIREMENTS. 

13 ‘‘(a) RECEIPT OF QUALIFIED SMALL DOLLAR CON14 TRIBUTIONS.—A candidate for the office of Representative 

15 in, or Delegate or Resident Commissioner to, the Congress 

16 meets the requirement of this section if, during the Small 

17 Dollar Democracy qualifying period described in section 

18 511(c), each of the following occurs: 

19 ‘‘(1) Not fewer than 1,000 individuals make a 

20 qualified small dollar contribution to the candidate. 

21 ‘‘(2) The candidate obtains a total dollar 

22 amount of qualified small dollar contributions which 

23 is equal to or greater than $50,000. 


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1 ‘‘(b) REQUIREMENTS RELATING TO RECEIPT OF

2 QUALIFIED SMALL DOLLAR CONTRIBUTION.—Each 

3 qualified small dollar contribution— 

4 ‘‘(1) may be made by means of a personal 

5 check, money order, debit card, credit card, elec6 tronic payment account, or any other method 

7 deemed appropriate by the Commission; 

8 ‘‘(2) shall be accompanied by a signed state9 ment (or, in the case of a contribution made online 

10 or through other electronic means, an electronic 

11 equivalent) containing the contributor’s name and 

12 address; and 

13 ‘‘(3) shall be acknowledged by a receipt that is 

14 sent to the contributor with a copy (in paper or elec15 tronic form) kept by the candidate for the Commis16 sion. 

17 ‘‘(c) VERIFICATION OF CONTRIBUTIONS.—The Com18 mission shall establish procedures for the auditing and 

19 verification of the contributions received and expenditures 

20 made by participating candidates under this title, includ21 ing procedures for random audits, to ensure that such con22 tributions and expenditures meet the requirements of this 

23 title. 

24 ‘‘SEC. 513. CERTIFICATION. 

25 ‘‘(a) DEADLINE AND NOTIFICATION.— 


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1 ‘‘(1) IN GENERAL.—Not later than 5 business 

2 days after a candidate files an affidavit under sec3 tion 511(a)(4), the Commission shall— 

4 ‘‘(A) determine whether or not the can5 didate meets the requirements for certification 

6 as a participating candidate; 

7 ‘‘(B) if the Commission determines that 

8 the candidate meets such requirements, certify 

9 the candidate as a participating candidate; and 

10 ‘‘(C) notify the candidate of the Commis11 sion’s determination. 

12 ‘‘(2) DEEMED CERTIFICATION FOR ALL ELEC13 TIONS IN ELECTION CYCLE.—If the Commission cer14 tifies a candidate as a participating candidate with 

15 respect to the first election of the election cycle in16 volved, the Commission shall be deemed to have cer17 tified the candidate as a participating candidate with 

18 respect to all subsequent elections of the election 

19 cycle. 

20 ‘‘(b) REVOCATION OF CERTIFICATION.— 

21 ‘‘(1) IN GENERAL.—The Commission shall re22 voke a certification under subsection (a) if— 

23 ‘‘(A) a candidate fails to qualify to appear 

24 on the ballot at any time after the date of cer25 tification (other than a candidate certified as a 


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1 participating candidate with respect to a pri2 mary election who fails to qualify to appear on 

3 the ballot for a subsequent election in that elec4 tion cycle); 

5 ‘‘(B) a candidate ceases to be a candidate 

6 for the office involved, as determined on the 

7 basis of an official announcement by an author8 ized committee of the candidate or on the basis 

9 of a reasonable determination by the Commis10 sion; or 

11 ‘‘(C) a candidate otherwise fails to comply 

12 with the requirements of this title, including 

13 any regulatory requirements prescribed by the 

14 Commission. 

15 ‘‘(2) EXISTENCE OF CRIMINAL SANCTION.—The 

16 Commission shall revoke a certification under sub17 section (a) if a penalty is assessed against the can18 didate under section 309(d) with respect to the elec19 tion. 

20 ‘‘(3) EFFECT OF REVOCATION.—If a can21 didate’s certification is revoked under this sub22 section— 

23 ‘‘(A) the candidate may not receive pay24 ments under this title during the remainder of 

25 the election cycle involved; and 


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1 ‘‘(B) in the case of a candidate whose cer2 tification is revoked pursuant to subparagraph 

3 (A) or subparagraph (C) of paragraph (1)— 

4 ‘‘(i) the candidate shall repay to the 

5 Freedom From Influence Fund established 

6 under section 541 an amount equal to the 

7 payments received under this title with re8 spect to the election cycle involved plus in9 terest (at a rate determined by the Com10 mission on the basis of an appropriate an11 nual percentage rate for the month in12 volved) on any such amount received; and 

13 ‘‘(ii) the candidate may not be cer14 tified as a participating candidate under 

15 this title with respect to the next election 

16 cycle. 

17 ‘‘(4) PROHIBITING PARTICIPATION IN FUTURE

18 ELECTIONS FOR CANDIDATES WITH MULTIPLE REV19 OCATIONS.—If the Commission revokes the certifi20 cation of an individual as a participating candidate 

21 under this title pursuant to subparagraph (A) or 

22 subparagraph (C) of paragraph (1) a total of 3 

23 times, the individual may not be certified as a par24 ticipating candidate under this title with respect to 

25 any subsequent election. 


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1 ‘‘(c) VOLUNTARY WITHDRAWAL FROM PARTICI2 PATING DURING QUALIFYING PERIOD.—At any time dur3 ing the Small Dollar Democracy qualifying period de4 scribed in section 511(c), a candidate may withdraw from 

5 participation in the program under this title by submitting 

6 to the Commission a statement of withdrawal (without re7 gard to whether or not the Commission has certified the 

8 candidate as a participating candidate under this title as 

9 of the time the candidate submits such statement), so long 

10 as the candidate has not submitted a request for payment 

11 under section 502. 

12 ‘‘(d) PARTICIPATING CANDIDATE DEFINED.—In this 

13 title, a ‘participating candidate’ means a candidate for the 

14 office of Representative in, or Delegate or Resident Com15 missioner to, the Congress who is certified under this sec16 tion as eligible to receive benefits under this title. 

17 ‘‘Subtitle C—Requirements for Can18 didates Certified as Partici19 pating Candidates 

20 ‘‘SEC. 521. CONTRIBUTION AND EXPENDITURE REQUIRE21 MENTS. 

22 ‘‘(a) PERMITTED SOURCES OF CONTRIBUTIONS AND

23 EXPENDITURES.—Except as provided in subsection (c), a 

24 participating candidate with respect to an election shall, 

25 with respect to all elections occurring during the election 


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1 cycle for the office involved, accept no contributions from 

2 any source and make no expenditures from any amounts, 

3 other than the following: 

4 ‘‘(1) Qualified small dollar contributions. 

5 ‘‘(2) Payments under this title. 

6 ‘‘(3) Contributions from political committees es7 tablished and maintained by a national or State po8 litical party, subject to the applicable limitations of 

9 section 315. 

10 ‘‘(4) Subject to subsection (b), personal funds 

11 of the candidate or of any immediate family member 

12 of the candidate (other than funds received through 

13 qualified small dollar contributions). 

14 ‘‘(5) Contributions from individuals who are 

15 otherwise permitted to make contributions under 

16 this Act, subject to the applicable limitations of sec17 tion 315, except that the aggregate amount of con18 tributions a participating candidate may accept from 

19 any individual with respect to any election during 

20 the election cycle may not exceed $1,000. 

21 ‘‘(6) Contributions from multicandidate political 

22 committees, subject to the applicable limitations of 

23 section 315. 

24 ‘‘(b) SPECIAL RULES FOR PERSONAL FUNDS.— 


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1 ‘‘(1) LIMIT ON AMOUNT.—A candidate who is 

2 certified as a participating candidate may use per3 sonal funds (including personal funds of any imme4 diate family member of the candidate) so long as— 

5 ‘‘(A) the aggregate amount used with re6 spect to the election cycle (including any period 

7 of the cycle occurring prior to the candidate’s 

8 certification as a participating candidate) does 

9 not exceed $50,000; and 

10 ‘‘(B) the funds are used only for making 

11 direct payments for the receipt of goods and 

12 services which constitute authorized expendi13 tures in connection with the election cycle in14 volved. 

15 ‘‘(2) IMMEDIATE FAMILY MEMBER DEFINED.— 

16 In this subsection, the term ‘immediate family mem17 ber’ means, with respect to a candidate— 

18 ‘‘(A) the candidate’s spouse; 

19 ‘‘(B) a child, stepchild, parent, grand20 parent, brother, half-brother, sister, or half-sis21 ter of the candidate or the candidate’s spouse; 

22 and 

23 ‘‘(C) the spouse of any person described in 

24 subparagraph (B). 

25 ‘‘(c) EXCEPTIONS.— 


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1 ‘‘(1) EXCEPTION FOR CONTRIBUTIONS RE2 CEIVED PRIOR TO FILING OF STATEMENT OF IN3 TENT.—A candidate who has accepted contributions 

4 that are not described in subsection (a) is not in vio5 lation of subsection (a), but only if all such contribu6 tions are— 

7 ‘‘(A) returned to the contributor; 

8 ‘‘(B) submitted to the Commission for de9 posit in the Freedom From Influence Fund es10 tablished under section 541; or 

11 ‘‘(C) spent in accordance with paragraph 

12 (2). 

13 ‘‘(2) EXCEPTION FOR EXPENDITURES MADE

14 PRIOR TO FILING OF STATEMENT OF INTENT.—If a 

15 candidate has made expenditures prior to the date 

16 the candidate files a statement of intent under sec17 tion 511(a)(1) that the candidate is prohibited from 

18 making under subsection (a) or subsection (b), the 

19 candidate is not in violation of such subsection if the 

20 aggregate amount of the prohibited expenditures is 

21 less than the amount referred to in section 

22 512(a)(2) (relating to the total dollar amount of 

23 qualified small dollar contributions which the can24 didate is required to obtain) which is applicable to 

25 the candidate. 


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1 ‘‘(3) EXCEPTION FOR CAMPAIGN SURPLUSES

2 FROM A PREVIOUS ELECTION.—Notwithstanding 

3 paragraph (1), unexpended contributions received by 

4 the candidate or an authorized committee of the 

5 candidate with respect to a previous election may be 

6 retained, but only if the candidate places the funds 

7 in escrow and refrains from raising additional funds 

8 for or spending funds from that account during the 

9 election cycle in which a candidate is a participating 

10 candidate. 

11 ‘‘(4) EXCEPTION FOR CONTRIBUTIONS RE12 CEIVED BEFORE THE EFFECTIVE DATE OF THIS

13 TITLE.—Contributions received and expenditures 

14 made by the candidate or an authorized committee 

15 of the candidate prior to the effective date of this 

16 title shall not constitute a violation of subsection (a) 

17 or (b). Unexpended contributions shall be treated 

18 the same as campaign surpluses under paragraph 

19 (3), and expenditures made shall count against the 

20 limit in paragraph (2). 

21 ‘‘(d) SPECIAL RULE FOR COORDINATED PARTY EX22 PENDITURES.—For purposes of this section, a payment 

23 made by a political party in coordination with a partici24 pating candidate shall not be treated as a contribution to 

25 or as an expenditure made by the participating candidate. 


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1 ‘‘(e) PROHIBITION ON JOINT FUNDRAISING COMMIT2 TEES.— 

3 ‘‘(1) PROHIBITION.—An authorized committee 

4 of a candidate who is certified as a participating 

5 candidate under this title with respect to an election 

6 may not establish a joint fundraising committee with 

7 a political committee other than another authorized 

8 committee of the candidate. 

9 ‘‘(2) STATUS OF EXISTING COMMITTEES FOR

10 PRIOR ELECTIONS.—If a candidate established a 

11 joint fundraising committee described in paragraph 

12 (1) with respect to a prior election for which the 

13 candidate was not certified as a participating can14 didate under this title and the candidate does not 

15 terminate the committee, the candidate shall not be 

16 considered to be in violation of paragraph (1) so 

17 long as that joint fundraising committee does not re18 ceive any contributions or make any disbursements 

19 during the election cycle for which the candidate is 

20 certified as a participating candidate under this title. 

21 ‘‘(f) PROHIBITION ON LEADERSHIP PACS.— 

22 ‘‘(1) PROHIBITION.—A candidate who is cer23 tified as a participating candidate under this title 

24 with respect to an election may not associate with, 


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1 establish, finance, maintain, or control a leadership 

2 PAC. 

3 ‘‘(2) STATUS OF EXISTING LEADERSHIP

4 PACS.—If a candidate established, financed, main5 tained, or controlled a leadership PAC prior to being 

6 certified as a participating candidate under this title 

7 and the candidate does not terminate the leadership 

8 PAC, the candidate shall not be considered to be in 

9 violation of paragraph (1) so long as the leadership 

10 PAC does not receive any contributions or make any 

11 disbursements during the election cycle for which the 

12 candidate is certified as a participating candidate 

13 under this title. 

14 ‘‘(3) LEADERSHIP PAC DEFINED.—In this sub15 section, the term ‘leadership PAC’ has the meaning 

16 given such term in section 304(i)(8)(B). 

17 ‘‘SEC. 522. ADMINISTRATION OF CAMPAIGN. 

18 ‘‘(a) SEPARATE ACCOUNTING FOR VARIOUS PER19 MITTED CONTRIBUTIONS.—Each authorized committee of 

20 a candidate certified as a participating candidate under 

21 this title— 

22 ‘‘(1) shall provide for separate accounting of 

23 each type of contribution described in section 521(a) 

24 which is received by the committee; and 


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1 ‘‘(2) shall provide for separate accounting for 

2 the payments received under this title. 

3 ‘‘(b) ENHANCED DISCLOSURE OF INFORMATION ON

4 DONORS.— 

5 ‘‘(1) MANDATORY IDENTIFICATION OF INDIVID6 UALS MAKING QUALIFIED SMALL DOLLAR CON7 TRIBUTIONS.—Each authorized committee of a par8 ticipating candidate under this title shall, in accord9 ance with section 304(b)(3)(A), include in the re10 ports the committee submits under section 304 the 

11 identification of each person who makes a qualified 

12 small dollar contribution to the committee. 

13 ‘‘(2) MANDATORY DISCLOSURE THROUGH

14 INTERNET.—Each authorized committee of a partici15 pating candidate under this title shall ensure that all 

16 information reported to the Commission under this 

17 Act with respect to contributions and expenditures 

18 of the committee is available to the public on the 

19 internet (whether through a site established for pur20 poses of this subsection, a hyperlink on another pub21 lic site of the committee, or a hyperlink on a report 

22 filed electronically with the Commission) in a search23 able, sortable, and downloadable manner. 


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1 ‘‘SEC. 523. PREVENTING UNNECESSARY SPENDING OF PUB2 LIC FUNDS. 

3 ‘‘(a) MANDATORY SPENDING OF AVAILABLE PRI4 VATE FUNDS.—An authorized committee of a candidate 

5 certified as a participating candidate under this title may 

6 not make any expenditure of any payments received under 

7 this title in any amount unless the committee has made 

8 an expenditure in an equivalent amount of funds received 

9 by the committee which are described in paragraphs (1), 

10 (3), (4), (5), and (6) of section 521(a). 

11 ‘‘(b) LIMITATION.—Subsection (a) applies to an au12 thorized committee only to the extent that the funds re13 ferred to in such subsection are available to the committee 

14 at the time the committee makes an expenditure of a pay15 ment received under this title. 

16 ‘‘SEC. 524. REMITTING UNSPENT FUNDS AFTER ELECTION. 

17 ‘‘(a) REMITTANCE REQUIRED.—Not later than the 

18 date that is 180 days after the last election for which a 

19 candidate certified as a participating candidate qualifies 

20 to be on the ballot during the election cycle involved, such 

21 participating candidate shall remit to the Commission for 

22 deposit in the Freedom From Influence Fund established 

23 under section 541 an amount equal to the balance of the 

24 payments received under this title by the authorized com25 mittees of the candidate which remain unexpended as of 

26 such date. 


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1 ‘‘(b) PERMITTING CANDIDATES PARTICIPATING IN

2 NEXT ELECTION CYCLE TO RETAIN PORTION OF

3 UNSPENT FUNDS.—Notwithstanding subsection (a), a 

4 participating candidate may withhold not more than 

5 $100,000 from the amount required to be remitted under 

6 subsection (a) if the candidate files a signed affidavit with 

7 the Commission that the candidate will seek certification 

8 as a participating candidate with respect to the next elec9 tion cycle, except that the candidate may not use any por10 tion of the amount withheld until the candidate is certified 

11 as a participating candidate with respect to that next elec12 tion cycle. If the candidate fails to seek certification as 

13 a participating candidate prior to the last day of the Small 

14 Dollar Democracy qualifying period for the next election 

15 cycle (as described in section 511), or if the Commission 

16 notifies the candidate of the Commission’s determination 

17 does not meet the requirements for certification as a par18 ticipating candidate with respect to such cycle, the can19 didate shall immediately remit to the Commission the 

20 amount withheld. 

21 ‘‘Subtitle D—Enhanced Match 

22 Support 

23 ‘‘SEC. 531. ENHANCED SUPPORT FOR GENERAL ELECTION. 

24 ‘‘(a) AVAILABILITY OF ENHANCED SUPPORT.—In 

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1 mission shall make an additional payment to an eligible 

2 candidate under this subtitle. 

3 ‘‘(b) USE OF FUNDS.—A candidate shall use the ad4 ditional payment under this subtitle only for authorized 

5 expenditures in connection with the election involved. 

6 ‘‘SEC. 532. ELIGIBILITY. 

7 ‘‘(a) IN GENERAL.—A candidate is eligible to receive 

8 an additional payment under this subtitle if the candidate 

9 meets each of the following requirements: 

10 ‘‘(1) The candidate is on the ballot for the gen11 eral election for the office the candidate seeks. 

12 ‘‘(2) The candidate is certified as a partici13 pating candidate under this title with respect to the 

14 election. 

15 ‘‘(3) During the enhanced support qualifying 

16 period, the candidate receives qualified small dollar 

17 contributions in a total amount of not less than 

18 $50,000. 

19 ‘‘(4) During the enhanced support qualifying 

20 period, the candidate submits to the Commission a 

21 request for the payment which includes— 

22 ‘‘(A) a statement of the number and 

23 amount of qualified small dollar contributions 

24 received by the candidate during the enhanced 

25 support qualifying period; 


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1 ‘‘(B) a statement of the amount of the 

2 payment the candidate anticipates receiving 

3 with respect to the request; and 

4 ‘‘(C) such other information and assur5 ances as the Commission may require. 

6 ‘‘(5) After submitting a request for the addi7 tional payment under paragraph (4), the candidate 

8 does not submit any other application for an addi9 tional payment under this subtitle. 

10 ‘‘(b) ENHANCED SUPPORT QUALIFYING PERIOD DE11 SCRIBED.—In this subtitle, the term ‘enhanced support 

12 qualifying period’ means, with respect to a general elec13 tion, the period which begins 60 days before the date of 

14 the election and ends 14 days before the date of the elec15 tion. 

16 ‘‘SEC. 533. AMOUNT. 

17 ‘‘(a) IN GENERAL.—Subject to subsection (b), the 

18 amount of the additional payment made to an eligible can19 didate under this subtitle shall be an amount equal to 50 

20 percent of— 

21 ‘‘(1) the amount of the payment made to the 

22 candidate under section 501(b) with respect to the 

23 qualified small dollar contributions which are re24 ceived by the candidate during the enhanced support 


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1 qualifying period (as included in the request sub2 mitted by the candidate under section 532(a)(4)); or 

3 ‘‘(2) in the case of a candidate who is not eligi4 ble to receive a payment under section 501(b) with 

5 respect to such qualified small dollar contributions 

6 because the candidate has reached the limit on the 

7 aggregate amount of payments under subtitle A for 

8 the election cycle under section 501(c), the amount 

9 of the payment which would have been made to the 

10 candidate under section 501(b) with respect to such 

11 qualified small dollar contributions if the candidate 

12 had not reached such limit. 

13 ‘‘(b) LIMIT.—The amount of the additional payment 

14 determined under subsection (a) with respect to a can15 didate may not exceed $500,000. 

16 ‘‘(c) NO EFFECT ON AGGREGATE LIMIT.—The 

17 amount of the additional payment made to a candidate 

18 under this subtitle shall not be included in determining 

19 the aggregate amount of payments made to a participating 

20 candidate with respect to an election cycle under section 

21 501(c). 

22 ‘‘SEC. 534. WAIVER OF AUTHORITY TO RETAIN PORTION OF 

23 UNSPENT FUNDS AFTER ELECTION. 

24 ‘‘Notwithstanding section 524(a)(2), a candidate who 

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1 spect to an election is not permitted to withhold any por2 tion from the amount of unspent funds the candidate is 

3 required to remit to the Commission under section 

4 524(a)(1). 

5 ‘‘Subtitle E—Administrative 

6 Provisions 

7 ‘‘SEC. 541. FREEDOM FROM INFLUENCE FUND. 

8 ‘‘(a) ESTABLISHMENT.—There is established in the 

9 Treasury a fund to be known as the ‘Freedom From Influ10 ence Fund’. 

11 ‘‘(b) AMOUNTS HELD BY FUND.—The Fund shall 

12 consist of the following amounts: 

13 ‘‘(1) ASSESSMENTS AGAINST FINES, SETTLE14 MENTS, AND PENALTIES.—Amounts transferred 

15 under section 3015 of title 18, United States Code, 

16 section 9706 of title 31, United States Code, and 

17 section 6761 of the Internal Revenue Code of 1986. 

18 ‘‘(2) DEPOSITS.—Amounts deposited into the 

19 Fund under— 

20 ‘‘(A) section 521(c)(1)(B) (relating to ex21 ceptions to contribution requirements); 

22 ‘‘(B) section 523 (relating to remittance of 

23 unused payments from the Fund); and 

24 ‘‘(C) section 544 (relating to violations). 


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1 ‘‘(c) USE OF FUND TO MAKE PAYMENTS TO PAR2 TICIPATING CANDIDATES.— 

3 ‘‘(1) PAYMENTS TO PARTICIPATING CAN4 DIDATES.—Amounts in the Fund shall be available 

5 without further appropriation or fiscal year limita6 tion to make payments to participating candidates 

7 as provided in this title. 

8 ‘‘(2) MANDATORY REDUCTION OF PAYMENTS IN

9 CASE OF INSUFFICIENT AMOUNTS IN FUND.— 

10 ‘‘(A) ADVANCE AUDITS BY COMMISSION.— 

11 Not later than 90 days before the first day of 

12 each election cycle (beginning with the first 

13 election cycle that begins after the date of the 

14 enactment of this title), the Commission shall— 

15 ‘‘(i) audit the Fund to determine 

16 whether the amounts in the Fund will be 

17 sufficient to make payments to partici18 pating candidates in the amounts provided 

19 in this title during such election cycle; and 

20 ‘‘(ii) submit a report to Congress de21 scribing the results of the audit. 

22 ‘‘(B) REDUCTIONS IN AMOUNT OF PAY23 MENTS.— 

24 ‘‘(i) AUTOMATIC REDUCTION ON PRO

25 RATA BASIS.—If, on the basis of the audit 


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1 described in subparagraph (A), the Com2 mission determines that the amount antici3 pated to be available in the Fund with re4 spect to the election cycle involved is not, 

5 or may not be, sufficient to satisfy the full 

6 entitlements of participating candidates to 

7 payments under this title for such election 

8 cycle, the Commission shall reduce each 

9 amount which would otherwise be paid to 

10 a participating candidate under this title 

11 by such pro rata amount as may be nec12 essary to ensure that the aggregate 

13 amount of payments anticipated to be 

14 made with respect to the election cycle will 

15 not exceed the amount anticipated to be 

16 available for such payments in the Fund 

17 with respect to such election cycle. 

18 ‘‘(ii) RESTORATION OF REDUCTIONS

19 IN CASE OF AVAILABILITY OF SUFFICIENT

20 FUNDS DURING ELECTION CYCLE.—If, 

21 after reducing the amounts paid to partici22 pating candidates with respect to an elec23 tion cycle under clause (i), the Commission 

24 determines that there are sufficient 

25 amounts in the Fund to restore the 


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1 amount by which such payments were re2 duced (or any portion thereof), to the ex3 tent that such amounts are available, the 

4 Commission may make a payment on a pro 

5 rata basis to each such participating can6 didate with respect to the election cycle in 

7 the amount by which such candidate’s pay8 ments were reduced under clause (i) (or 

9 any portion thereof, as the case may be). 

10 ‘‘(iii) NO USE OF AMOUNTS FROM

11 OTHER SOURCES.—In any case in which 

12 the Commission determines that there are 

13 insufficient moneys in the Fund to make 

14 payments to participating candidates under 

15 this title, moneys shall not be made avail16 able from any other source for the purpose 

17 of making such payments. 

18 ‘‘(d) USE OF FUND TO MAKE OTHER PAYMENTS.— 

19 In addition to the use described in subsection (d), amounts 

20 in the Fund shall be available without further appropria21 tion or fiscal year limitation— 

22 ‘‘(1) to make payments to States under the My 

23 Voice Voucher Program under the Government By 

24 the People Act of 2021, subject to reductions under 

25 section 5101(f)(3) of such Act; 


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1 ‘‘(2) to make payments to candidates under 

2 chapter 95 of subtitle H of the Internal Revenue 

3 Code of 1986, subject to reductions under section 

4 9013(b) of such Code; and 

5 ‘‘(3) to make payments to candidates under 

6 chapter 96 of subtitle H of the Internal Revenue 

7 Code of 1986, subject to reductions under section 

8 9043(b) of such Code. 

9 ‘‘(e) NO TAXPAYER FUNDS PERMITTED.—No tax10 payer funds may be deposited into the Fund. 

11 ‘‘(f) EFFECTIVE DATE.—This section shall take ef12 fect on the date of the enactment of this title. 

13 ‘‘SEC. 542. REVIEWS AND REPORTS BY GOVERNMENT AC14 COUNTABILITY OFFICE. 

15 ‘‘(a) REVIEW OF SMALL DOLLAR FINANCING.— 

16 ‘‘(1) IN GENERAL.—After each regularly sched17 uled general election for Federal office, the Comp18 troller General of the United States shall conduct a 

19 comprehensive review of the Small Dollar financing 

20 program under this title, including— 

21 ‘‘(A) the maximum and minimum dollar 

22 amounts of qualified small dollar contributions 

23 under section 504; 

24 ‘‘(B) the number and value of qualified 

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1 quired to obtain under section 512(a) to be eli2 gible for certification as a participating can3 didate; 

4 ‘‘(C) the maximum amount of payments a 

5 candidate may receive under this title; 

6 ‘‘(D) the overall satisfaction of partici7 pating candidates and the American public with 

8 the program; 

9 ‘‘(E) the extent to which the program in10 creased opportunities for participation by can11 didates of diverse racial, gender, and socio-eco12 nomic backgrounds; and 

13 ‘‘(F) such other matters relating to financ14 ing of campaigns as the Comptroller General 

15 determines are appropriate. 

16 ‘‘(2) CRITERIA FOR REVIEW.—In conducting 

17 the review under subparagraph (A), the Comptroller 

18 General shall consider the following: 

19 ‘‘(A) QUALIFIED SMALL DOLLAR CON20 TRIBUTIONS.—Whether the number and dollar 

21 amounts of qualified small dollar contributions 

22 required strikes an appropriate balance regard23 ing the importance of voter involvement, the 

24 need to assure adequate incentives for partici25 pating, and fiscal responsibility, taking into 


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1 consideration the number of primary and gen2 eral election participating candidates, the elec3 toral performance of those candidates, program 

4 cost, and any other information the Comptroller 

5 General determines is appropriate. 

6 ‘‘(B) REVIEW OF PAYMENT LEVELS.— 

7 Whether the totality of the amount of funds al8 lowed to be raised by participating candidates 

9 (including through qualified small dollar con10 tributions) and payments under this title are 

11 sufficient for voters in each State to learn about 

12 the candidates to cast an informed vote, taking 

13 into account the historic amount of spending by 

14 winning candidates, media costs, primary elec15 tion dates, and any other information the 

16 Comptroller General determines is appropriate. 

17 ‘‘(3) RECOMMENDATIONS FOR ADJUSTMENT OF

18 AMOUNTS.—Based on the review conducted under 

19 subparagraph (A), the Comptroller General may rec20 ommend to Congress adjustments of the following 

21 amounts: 

22 ‘‘(A) The number and value of qualified 

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1 gible for certification as a participating can2 didate. 

3 ‘‘(B) The maximum amount of payments a 

4 candidate may receive under this title. 

5 ‘‘(b) REPORTS.—Not later than each June 1 which 

6 follows a regularly scheduled general election for Federal 

7 office for which payments were made under this title, the 

8 Comptroller General shall submit to the Committee on 

9 House Administration of the House of Representatives a 

10 report— 

11 ‘‘(1) containing an analysis of the review con12 ducted under subsection (a), including a detailed 

13 statement of Comptroller General’s findings, conclu14 sions, and recommendations based on such review, 

15 including any recommendations for adjustments of 

16 amounts described in subsection (a)(3); and 

17 ‘‘(2) documenting, evaluating, and making rec18 ommendations relating to the administrative imple19 mentation and enforcement of the provisions of this 

20 title. 

21 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated such sums as are nec23 essary to carry out the purposes of this section. 


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1 ‘‘SEC. 543. ADMINISTRATION BY COMMISSION. 

2 ‘‘The Commission shall prescribe regulations to carry 

3 out the purposes of this title, including regulations to es4 tablish procedures for— 

5 ‘‘(1) verifying the amount of qualified small dol6 lar contributions with respect to a candidate; 

7 ‘‘(2) effectively and efficiently monitoring and 

8 enforcing the limits on the raising of qualified small 

9 dollar contributions; 

10 ‘‘(3) effectively and efficiently monitoring and 

11 enforcing the limits on the use of personal funds by 

12 participating candidates; and 

13 ‘‘(4) monitoring the use of allocations from the 

14 Freedom From Influence Fund established under 

15 section 541 and matching contributions under this 

title through audits of not fewer than 1 16 ⁄10 (or, in the 

17 case of the first 3 election cycles during which the 

18 program under this title is in effect, not fewer than 

1 19 ⁄3) of all participating candidates or other mecha20 nisms. 

21 ‘‘SEC. 544. VIOLATIONS AND PENALTIES. 

22 ‘‘(a) CIVIL PENALTY FOR VIOLATION OF CONTRIBU23 TION AND EXPENDITURE REQUIREMENTS.—If a can24 didate who has been certified as a participating candidate 

25 accepts a contribution or makes an expenditure that is 

26 prohibited under section 521, the Commission may assess 


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1 a civil penalty against the candidate in an amount that 

2 is not more than 3 times the amount of the contribution 

3 or expenditure. Any amounts collected under this sub4 section shall be deposited into the Freedom From Influ5 ence Fund established under section 541. 

6 ‘‘(b) REPAYMENT FOR IMPROPER USE OF FREEDOM

7 FROM INFLUENCE FUND.— 

8 ‘‘(1) IN GENERAL.—If the Commission deter9 mines that any payment made to a participating 

10 candidate was not used as provided for in this title 

11 or that a participating candidate has violated any of 

12 the dates for remission of funds contained in this 

13 title, the Commission shall so notify the candidate 

14 and the candidate shall pay to the Fund an amount 

15 equal to— 

16 ‘‘(A) the amount of payments so used or 

17 not remitted, as appropriate; and 

18 ‘‘(B) interest on any such amounts (at a 

19 rate determined by the Commission). 

20 ‘‘(2) OTHER ACTION NOT PRECLUDED.—Any 

21 action by the Commission in accordance with this 

22 subsection shall not preclude enforcement pro23 ceedings by the Commission in accordance with sec24 tion 309(a), including a referral by the Commission 


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1 to the Attorney General in the case of an apparent 

2 knowing and willful violation of this title. 

3 ‘‘(c) PROHIBITING CERTAIN CANDIDATES FROM

4 QUALIFYING AS PARTICIPATING CANDIDATES.— 

5 ‘‘(1) CANDIDATES WITH MULTIPLE CIVIL PEN6 ALTIES.—If the Commission assesses 3 or more civil 

7 penalties under subsection (a) against a candidate 

8 (with respect to either a single election or multiple 

9 elections), the Commission may refuse to certify the 

10 candidate as a participating candidate under this 

11 title with respect to any subsequent election, except 

12 that if each of the penalties were assessed as the re13 sult of a knowing and willful violation of any provi14 sion of this Act, the candidate is not eligible to be 

15 certified as a participating candidate under this title 

16 with respect to any subsequent election. 

17 ‘‘(2) CANDIDATES SUBJECT TO CRIMINAL PEN18 ALTY.—A candidate is not eligible to be certified as 

19 a participating candidate under this title with re20 spect to an election if a penalty has been assessed 

21 against the candidate under section 309(d) with re22 spect to any previous election. 

23 ‘‘(d) IMPOSITION OF CRIMINAL PENALTIES.—For 

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1 didate to comply with the requirements of this title, see 

2 section 309(d). 

3 ‘‘SEC. 545. APPEALS PROCESS. 

4 ‘‘(a) REVIEW OF ACTIONS.—Any action by the Com5 mission in carrying out this title shall be subject to review 

6 by the United States Court of Appeals for the District 

7 of Columbia upon petition filed in the Court not later than 

8 30 days after the Commission takes the action for which 

9 the review is sought. 

10 ‘‘(b) PROCEDURES.—The provisions of chapter 7 of 

11 title 5, United States Code, apply to judicial review under 

12 this section. 

13 ‘‘SEC. 546. INDEXING OF AMOUNTS. 

14 ‘‘(a) INDEXING.—In any calendar year after 2026, 

15 section 315(c)(1)(B) shall apply to each amount described 

16 in subsection (b) in the same manner as such section ap17 plies to the limitations established under subsections 

18 (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, ex19 cept that for purposes of applying such section to the 

20 amounts described in subsection (b), the ‘base period’ 

21 shall be 2026. 

22 ‘‘(b) AMOUNTS DESCRIBED.—The amounts described 

23 in this subsection are as follows: 

24 ‘‘(1) The amount referred to in section 

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1 fied small dollar contributions included in a request 

2 for payment). 

3 ‘‘(2) The amounts referred to in section 

4 504(a)(1) (relating to the amount of a qualified 

5 small dollar contribution). 

6 ‘‘(3) The amount referred to in section 

7 512(a)(2) (relating to the total dollar amount of 

8 qualified small dollar contributions). 

9 ‘‘(4) The amount referred to in section 

10 521(a)(5) (relating to the aggregate amount of con11 tributions a participating candidate may accept from 

12 any individual with respect to an election). 

13 ‘‘(5) The amount referred to in section 

14 521(b)(1)(A) (relating to the amount of personal 

15 funds that may be used by a candidate who is cer16 tified as a participating candidate). 

17 ‘‘(6) The amounts referred to in section 

18 524(a)(2) (relating to the amount of unspent funds 

19 a candidate may retain for use in the next election 

20 cycle). 

21 ‘‘(7) The amount referred to in section 

22 532(a)(3) (relating to the total dollar amount of 

23 qualified small dollar contributions for a candidate 

24 seeking an additional payment under subtitle D). 


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1 ‘‘(8) The amount referred to in section 533(b) 

2 (relating to the limit on the amount of an additional 

3 payment made to a candidate under subtitle D). 

4 ‘‘SEC. 547. ELECTION CYCLE DEFINED. 

5 ‘‘In this title, the term ‘election cycle’ means, with 

6 respect to an election for an office, the period beginning 

7 on the day after the date of the most recent general elec8 tion for that office (or, if the general election resulted in 

9 a runoff election, the date of the runoff election) and end10 ing on the date of the next general election for that office 

11 (or, if the general election resulted in a runoff election, 

12 the date of the runoff election).’’. 

13 SEC. 5112. CONTRIBUTIONS AND EXPENDITURES BY MULTI14 CANDIDATE AND POLITICAL PARTY COMMIT15 TEES ON BEHALF OF PARTICIPATING CAN16 DIDATES. 

17 (a) AUTHORIZING CONTRIBUTIONS ONLY FROM SEP18 ARATE ACCOUNTS CONSISTING OF QUALIFIED SMALL

19 DOLLAR CONTRIBUTIONS.—Section 315(a) of the Federal 

20 Election Campaign Act of 1971 (52 U.S.C. 30116(a)) is 

21 amended by adding at the end the following new para22 graph: 

23 ‘‘(10) In the case of a multicandidate political com24 mittee or any political committee of a political party, the 

25 committee may make a contribution to a candidate who 


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1 is a participating candidate under title V with respect to 

2 an election only if the contribution is paid from a separate, 

3 segregated account of the committee which consists solely 

4 of contributions which meet the following requirements: 

5 ‘‘(A) Each such contribution is in an amount 

6 which meets the requirements for the amount of a 

7 qualified small dollar contribution under section 

8 504(a)(1) with respect to the election involved. 

9 ‘‘(B) Each such contribution is made by an in10 dividual who is not otherwise prohibited from mak11 ing a contribution under this Act. 

12 ‘‘(C) The individual who makes the contribution 

13 does not make contributions to the committee during 

14 the year in an aggregate amount that exceeds the 

15 limit described in section 504(a)(1).’’. 

16 (b) PERMITTING UNLIMITED COORDINATED EX17 PENDITURES FROM SMALL DOLLAR SOURCES BY POLIT18 ICAL PARTIES.—Section 315(d) of such Act (52 U.S.C. 

19 30116(d)) is amended— 

20 (1) in paragraph (3), by striking ‘‘The national 

21 committee’’ and inserting ‘‘Except as provided in 

22 paragraph (6), the national committee’’; and 

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

24 paragraph: 


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1 ‘‘(6) The limits described in paragraph (3) do not 

2 apply in the case of expenditures in connection with the 

3 general election campaign of a candidate for the office of 

4 Representative in, or Delegate or Resident Commissioner 

5 to, the Congress who is a participating candidate under 

6 title V with respect to the election, but only if— 

7 ‘‘(A) the expenditures are paid from a separate, 

8 segregated account of the committee which is de9 scribed in subsection (a)(10); and 

10 ‘‘(B) the expenditures are the sole source of 

11 funding provided by the committee to the can12 didate.’’. 

13 SEC. 5113. PROHIBITING USE OF CONTRIBUTIONS BY PAR14 TICIPATING CANDIDATES FOR PURPOSES 

15 OTHER THAN CAMPAIGN FOR ELECTION. 

16 Section 313 of the Federal Election Campaign Act 

17 of 1971 (52 U.S.C. 30114) is amended by adding at the 

18 end the following new subsection: 

19 ‘‘(d) RESTRICTIONS ON PERMITTED USES OF FUNDS

20 BY CANDIDATES RECEIVING SMALL DOLLAR FINANC21 ING.—Notwithstanding paragraph (2), (3), or (4) of sub22 section (a), if a candidate for election for the office of Rep23 resentative in, or Delegate or Resident Commissioner to, 

24 the Congress is certified as a participating candidate 

25 under title V with respect to the election, any contribution 


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1 which the candidate is permitted to accept under such title 

2 may be used only for authorized expenditures in connec3 tion with the candidate’s campaign for such office, subject 

4 to section 503(b).’’. 

5 SEC. 5114. ASSESSMENTS AGAINST FINES AND PENALTIES. 

6 (a) ASSESSMENTS RELATING TO CRIMINAL OF7 FENSES.— 

8 (1) IN GENERAL.—Chapter 201 of title 18, 

9 United States Code, is amended by adding at the 

10 end the following new section: 

11 ‘‘§ 3015. Special assessments for Freedom From Influ12 ence Fund 

13 ‘‘(a) ASSESSMENTS.— 

14 ‘‘(1) CONVICTIONS OF CRIMES.—In addition to 

15 any assessment imposed under this chapter, the 

16 court shall assess on any organizational defendant or 

17 any defendant who is a corporate officer or person 

18 with equivalent authority in any other organization 

19 who is convicted of a criminal offense under Federal 

20 law an amount equal to 4.75 percent of any fine im21 posed on that defendant in the sentence imposed for 

22 that conviction. 

23 ‘‘(2) SETTLEMENTS.—The court shall assess on 

24 any organizational defendant or defendant who is a 

25 corporate officer or person with equivalent authority 


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1 in any other organization who has entered into a 

2 settlement agreement or consent decree with the 

3 United States in satisfaction of any allegation that 

4 the defendant committed a criminal offense under 

5 Federal law an amount equal to 4.75 percent of the 

6 amount of the settlement. 

7 ‘‘(b) MANNER OF COLLECTION.—An amount as8 sessed under subsection (a) shall be collected in the man9 ner in which fines are collected in criminal cases. 

10 ‘‘(c) TRANSFERS.—In a manner consistent with sec11 tion 3302(b) of title 31, there shall be transferred from 

12 the General Fund of the Treasury to the Freedom From 

13 Influence Fund under section 541 of the Federal Election 

14 Campaign Act of 1971 an amount equal to the amount 

15 of the assessments collected under this section.’’. 

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions of chapter 201 of title 18, United States Code, 

18 is amended by adding at the end the following: 

‘‘3015. Special assessments for Freedom From Influence Fund.’’. 

19 (b) ASSESSMENTS RELATING TO CIVIL PEN20 ALTIES.— 

21 (1) IN GENERAL.—Chapter 97 of title 31, 

22 United States Code, is amended by adding at the 

23 end the following new section: 


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1 ‘‘§ 9706. Special assessments for Freedom From Influ2 ence Fund 

3 ‘‘(a) ASSESSMENTS.— 

4 ‘‘(1) CIVIL PENALTIES.—Any entity of the Fed5 eral Government which is authorized under any law, 

6 rule, or regulation to impose a civil penalty shall as7 sess on each person, other than a natural person 

8 who is not a corporate officer or person with equiva9 lent authority in any other organization, on whom 

10 such a penalty is imposed an amount equal to 4.75 

11 percent of the amount of the penalty. 

12 ‘‘(2) ADMINISTRATIVE PENALTIES.—Any entity 

13 of the Federal Government which is authorized 

14 under any law, rule, or regulation to impose an ad15 ministrative penalty shall assess on each person, 

16 other than a natural person who is not a corporate 

17 officer or person with equivalent authority in any 

18 other organization, on whom such a penalty is im19 posed an amount equal to 4.75 percent of the 

20 amount of the penalty. 

21 ‘‘(3) SETTLEMENTS.—Any entity of the Federal 

22 Government which is authorized under any law, rule, 

23 or regulation to enter into a settlement agreement or 

24 consent decree with any person, other than a natural 

25 person who is not a corporate officer or person with 

26 equivalent authority in any other organization, in 


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1 satisfaction of any allegation of an action or omis2 sion by the person which would be subject to a civil 

3 penalty or administrative penalty shall assess on 

4 such person an amount equal to 4.75 percent of the 

5 amount of the settlement. 

6 ‘‘(b) MANNER OF COLLECTION.—An amount as7 sessed under subsection (a) shall be collected— 

8 ‘‘(1) in the case of an amount assessed under 

9 paragraph (1) of such subsection, in the manner in 

10 which civil penalties are collected by the entity of the 

11 Federal Government involved; 

12 ‘‘(2) in the case of an amount assessed under 

13 paragraph (2) of such subsection, in the manner in 

14 which administrative penalties are collected by the 

15 entity of the Federal Government involved; and 

16 ‘‘(3) in the case of an amount assessed under 

17 paragraph (3) of such subsection, in the manner in 

18 which amounts are collected pursuant to settlement 

19 agreements or consent decrees entered into by the 

20 entity of the Federal Government involved. 

21 ‘‘(c) TRANSFERS.—In a manner consistent with sec22 tion 3302(b) of this title, there shall be transferred from 

23 the General Fund of the Treasury to the Freedom From 

24 Influence Fund under section 541 of the Federal Election 


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1 Campaign Act of 1971 an amount equal to the amount 

2 of the assessments collected under this section. 

3 ‘‘(d) EXCEPTION FOR PENALTIES AND SETTLE4 MENTS UNDER AUTHORITY OF THE INTERNAL REVENUE

5 CODE OF 1986.— 

6 ‘‘(1) IN GENERAL.—No assessment shall be 

7 made under subsection (a) with respect to any civil 

8 or administrative penalty imposed, or any settlement 

9 agreement or consent decree entered into, under the 

10 authority of the Internal Revenue Code of 1986. 

11 ‘‘(2) CROSS REFERENCE.—For application of 

12 special assessments for the Freedom From Influence 

13 Fund with respect to certain penalties under the In14 ternal Revenue Code of 1986, see section 6761 of 

15 the Internal Revenue Code of 1986.’’. 

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions of chapter 97 of title 31, United States Code, 

18 is amended by adding at the end the following: 

‘‘9706. Special assessments for Freedom From Influence Fund.’’. 

19 (c) ASSESSMENTS RELATING TO CERTAIN PEN20 ALTIES UNDER THE INTERNAL REVENUE CODE OF

21 1986.— 

22 (1) IN GENERAL.—Chapter 68 of the Internal 

23 Revenue Code of 1986 is amended by adding at the 

24 end the following new subchapter: 


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1 ‘‘Subchapter D—Special Assessments for 

2 Freedom From Influence Fund 

3 ‘‘SEC. 6761. SPECIAL ASSESSMENTS FOR FREEDOM FROM 

4 INFLUENCE FUND. 

5 ‘‘(a) IN GENERAL.—Each person required to pay a 

6 covered penalty shall pay an additional amount equal to 

7 4.75 percent of the amount of such penalty. 

8 ‘‘(b) COVERED PENALTY.—For purposes of this sec9 tion, the term ‘covered penalty’ means any addition to tax, 

10 additional amount, penalty, or other liability provided 

11 under subchapter A or B. 

12 ‘‘(c) EXCEPTION FOR CERTAIN INDIVIDUALS.— 

13 ‘‘(1) IN GENERAL.—In the case of a taxpayer 

14 who is an individual, subsection (a) shall not apply 

15 to any covered penalty if such taxpayer is an exempt 

16 taxpayer for the taxable year for which such covered 

17 penalty is assessed. 

18 ‘‘(2) EXEMPT TAXPAYER.—For purposes of this 

19 subsection, a taxpayer is an exempt taxpayer for any 

20 taxable year if the taxable income of such taxpayer 

21 for such taxable year does not exceed the dollar 

22 amount at which begins the highest rate bracket in 

23 effect under section 1 with respect to such taxpayer 

24 for such taxable year. 


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1 ‘‘(d) APPLICATION OF CERTAIN RULES.—Except as 

2 provided in subsection (e), the additional amount deter3 mined under subsection (a) shall be treated for purposes 

4 of this title in the same manner as the covered penalty 

5 to which such additional amount relates. 

6 ‘‘(e) TRANSFER TO FREEDOM FROM INFLUENCE

7 FUND.—The Secretary shall deposit any additional 

8 amount under subsection (a) in the General Fund of the 

9 Treasury and shall transfer from such General Fund to 

10 the Freedom From Influence Fund established under sec11 tion 541 of the Federal Election Campaign Act of 1971 

12 an amount equal to the amounts so deposited (and, not13 withstanding subsection (d), such additional amount shall 

14 not be the basis for any deposit, transfer, credit, appro15 priation, or any other payment, to any other trust fund 

16 or account). Rules similar to the rules of section 9601 

17 shall apply for purposes of this subsection.’’. 

18 (2) CLERICAL AMENDMENT.—The table of sub19 chapters for chapter 68 of such Code is amended by 

20 adding at the end the following new item: 

‘‘SUBCHAPTER D—SPECIAL ASSESSMENTS FOR FREEDOM FROM INFLUENCE

FUND’’. 

21 (d) EFFECTIVE DATES.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), the amendments made by this section 

24 shall apply with respect to convictions, agreements, 


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1 and penalties which occur on or after the date of the 

2 enactment of this Act. 

3 (2) ASSESSMENTS RELATING TO CERTAIN PEN4 ALTIES UNDER THE INTERNAL REVENUE CODE OF

5 1986.—The amendments made by subsection (c) 

6 shall apply to covered penalties assessed after the 

7 date of the enactment of this Act. 

8 SEC. 5115. STUDY AND REPORT ON SMALL DOLLAR FINANC9 ING PROGRAM. 

10 (a) STUDY AND REPORT.—Not later than 2 years 

11 after the completion of the first election cycle in which 

12 the program established under title V of the Federal Elec13 tion Campaign Act of 1971, as added by section 5111, 

14 is in effect, the Federal Election Commission shall— 

15 (1) assess— 

16 (A) the amount of payment referred to in 

17 section 501 of such Act; and 

18 (B) the amount of a qualified small dollar 

19 contribution referred to in section 504(a)(1) of 

20 such Act; and 

21 (2) submit to Congress a report that discusses 

22 whether such amounts are sufficient to meet the 

23 goals of the program. 


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1 (b) UPDATE.—The Commission shall update and re2 vise the study and report required by subsection (a) on 

3 a biennial basis. 

4 (c) TERMINATION.—The requirements of this section 

5 shall terminate 10 years after the date on which the first 

6 study and report required by subsection (a) is submitted 

7 to Congress. 

8 SEC. 5116. EFFECTIVE DATE. 

9 (a) IN GENERAL.—Except as may otherwise be pro10 vided in this part and in the amendments made by this 

11 part, this part and the amendments made by this part 

12 shall apply with respect to elections occurring during 2028 

13 or any succeeding year, without regard to whether or not 

14 the Federal Election Commission has promulgated the 

15 final regulations necessary to carry out this part and the 

16 amendments made by this part by the deadline set forth 

17 in subsection (b). 

18 (b) DEADLINE FOR REGULATIONS.—Not later than 

19 June 30, 2026, the Federal Election Commission shall 

20 promulgate such regulations as may be necessary to carry 

21 out this part and the amendments made by this part. 

22 Subtitle C—Presidential Elections 

23 SEC. 5200. SHORT TITLE. 

24 This subtitle may be cited as the ‘‘Empower Act of 

25 2021’’. 


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1 PART 1—PRIMARY ELECTIONS 

2 SEC. 5201. INCREASE IN AND MODIFICATIONS TO MATCH3 ING PAYMENTS. 

4 (a) INCREASE AND MODIFICATION.— 

5 (1) IN GENERAL.—The first sentence of section 

6 9034(a) of the Internal Revenue Code of 1986 is 

7 amended— 

8 (A) by striking ‘‘an amount equal to the 

9 amount of each contribution’’ and inserting ‘‘an 

10 amount equal to 600 percent of the amount of 

11 each matchable contribution (disregarding any 

12 amount of contributions from any person to the 

13 extent that the total of the amounts contributed 

14 by such person for the election exceeds $200)’’; 

15 and 

16 (B) by striking ‘‘authorized committees’’ 

17 and all that follows through ‘‘$250’’ and insert18 ing ‘‘authorized committees’’. 

19 (2) MATCHABLE CONTRIBUTIONS.—Section 

20 9034 of such Code is amended— 

21 (A) by striking the last sentence of sub22 section (a); and 

23 (B) by adding at the end the following new 

24 subsection: 

25 ‘‘(c) MATCHABLE CONTRIBUTION DEFINED.—For 

26 purposes of this section and section 9033(b)— 


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1 ‘‘(1) MATCHABLE CONTRIBUTION.—The term 

2 ‘matchable contribution’ means, with respect to the 

3 nomination for election to the office of President of 

4 the United States, a contribution by an individual to 

5 a candidate or an authorized committee of a can6 didate with respect to which the candidate has cer7 tified in writing that— 

8 ‘‘(A) the individual making such contribu9 tion has not made aggregate contributions (in10 cluding such matchable contribution) to such 

11 candidate and the authorized committees of 

12 such candidate in excess of $1,000 for the elec13 tion; 

14 ‘‘(B) such candidate and the authorized 

15 committees of such candidate will not accept 

16 contributions from such individual (including 

17 such matchable contribution) aggregating more 

18 than the amount described in subparagraph 

19 (A); and 

20 ‘‘(C) such contribution was a direct con21 tribution. 

22 ‘‘(2) CONTRIBUTION.—For purposes of this 

23 subsection, the term ‘contribution’ means a gift of 

24 money made by a written instrument which identi25 fies the individual making the contribution by full 


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1 name and mailing address, but does not include a 

2 subscription, loan, advance, or deposit of money, or 

3 anything of value or anything described in subpara4 graph (B), (C), or (D) of section 9032(4). 

5 ‘‘(3) DIRECT CONTRIBUTION.— 

6 ‘‘(A) IN GENERAL.—For purposes of this 

7 subsection, the term ‘direct contribution’ 

8 means, with respect to a candidate, a contribu9 tion which is made directly by an individual to 

10 the candidate or an authorized committee of the 

11 candidate and is not— 

12 ‘‘(i) forwarded from the individual 

13 making the contribution to the candidate 

14 or committee by another person; or 

15 ‘‘(ii) received by the candidate or com16 mittee with the knowledge that the con17 tribution was made at the request, sugges18 tion, or recommendation of another person. 

19 ‘‘(B) OTHER DEFINITIONS.—In subpara20 graph (A)— 

21 ‘‘(i) the term ‘person’ does not include 

22 an individual (other than an individual de23 scribed in section 304(i)(7) of the Federal 

24 Election Campaign Act of 1971), a polit25 ical committee of a political party, or any 


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1 political committee which is not a separate 

2 segregated fund described in section 

3 316(b) of the Federal Election Campaign 

4 Act of 1971 and which does not make con5 tributions or independent expenditures, 

6 does not engage in lobbying activity under 

7 the Lobbying Disclosure Act of 1995 (2 

8 U.S.C. 1601 et seq.), and is not estab9 lished by, controlled by, or affiliated with 

10 a registered lobbyist under such Act, an 

11 agent of a registered lobbyist under such 

12 Act, or an organization which retains or 

13 employs a registered lobbyist under such 

14 Act; and 

15 ‘‘(ii) a contribution is not ‘made at 

16 the request, suggestion, or recommendation 

17 of another person’ solely on the grounds 

18 that the contribution is made in response 

19 to information provided to the individual 

20 making the contribution by any person, so 

21 long as the candidate or authorized com22 mittee does not know the identity of the 

23 person who provided the information to 

24 such individual.’’. 

25 (3) CONFORMING AMENDMENTS.— 


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1 (A) Section 9032(4) of such Code is 

2 amended by striking ‘‘section 9034(a)’’ and in3 serting ‘‘section 9034’’. 

4 (B) Section 9033(b)(3) of such Code is 

5 amended by striking ‘‘matching contributions’’ 

6 and inserting ‘‘matchable contributions’’. 

7 (b) MODIFICATION OF PAYMENT LIMITATION.—Sec8 tion 9034(b) of such Code is amended— 

9 (1) by striking ‘‘The total’’ and inserting the 

10 following: 

11 ‘‘(1) IN GENERAL.—The total’’; 

12 (2) by striking ‘‘shall not exceed’’ and all that 

13 follows and inserting ‘‘shall not exceed 

14 $250,000,000.’’; and 

15 (3) by adding at the end the following new 

16 paragraph: 

17 ‘‘(2) INFLATION ADJUSTMENT.— 

18 ‘‘(A) IN GENERAL.—In the case of any ap19 plicable period beginning after 2029, the dollar 

20 amount in paragraph (1) shall be increased by 

21 an amount equal to— 

22 ‘‘(i) such dollar amount, multiplied by 

23 ‘‘(ii) the cost-of-living adjustment de24 termined under section 1(f)(3) for the cal25 endar year following the year which such 


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1 applicable period begins, determined by 

2 substituting ‘calendar year 2028’ for ‘cal3 endar year 1992’ in subparagraph (B) 

4 thereof. 

5 ‘‘(B) APPLICABLE PERIOD.—For purposes 

6 of this paragraph, the term ‘applicable period’ 

7 means the 4-year period beginning with the 

8 first day following the date of the general elec9 tion for the office of President and ending on 

10 the date of the next such general election. 

11 ‘‘(C) ROUNDING.—If any amount as ad12 justed under subparagraph (1) is not a multiple 

13 of $10,000, such amount shall be rounded to 

14 the nearest multiple of $10,000.’’. 

15 SEC. 5202. ELIGIBILITY REQUIREMENTS FOR MATCHING 

16 PAYMENTS. 

17 (a) AMOUNT OF AGGREGATE CONTRIBUTIONS PER

18 STATE; DISREGARDING OF AMOUNTS CONTRIBUTED IN

19 EXCESS OF $200.—Section 9033(b)(3) of the Internal 

20 Revenue Code of 1986 is amended— 

21 (1) by striking ‘‘$5,000’’ and inserting 

22 ‘‘$25,000’’; and 

23 (2) by striking ‘‘20 States’’ and inserting the 

24 following: ‘‘20 States (disregarding any amount of 

25 contributions from any such resident to the extent 


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1 that the total of the amounts contributed by such 

2 resident for the election exceeds $200)’’. 

3 (b) CONTRIBUTION LIMIT.— 

4 (1) IN GENERAL.—Paragraph (4) of section 

5 9033(b) of such Code is amended to read as follows: 

6 ‘‘(4) the candidate and the authorized commit7 tees of the candidate will not accept aggregate con8 tributions from any person with respect to the nomi9 nation for election to the office of President of the 

10 United States in excess of $1,000 for the election.’’. 

11 (2) CONFORMING AMENDMENTS.— 

12 (A) Section 9033(b) of such Code is 

13 amended by adding at the end the following 

14 new flush sentence: 

15 ‘‘For purposes of paragraph (4), the term ‘contribution’ 

16 has the meaning given such term in section 301(8) of the 

17 Federal Election Campaign Act of 1971.’’. 

18 (B) Section 9032(4) of such Code, as 

19 amended by section 5201(a)(3)(A), is amended 

20 by striking ‘‘section 9034’’ and inserting ‘‘sec21 tion 9033(b) or 9034’’. 

22 (c) PARTICIPATION IN SYSTEM FOR PAYMENTS FOR

23 GENERAL ELECTION.—Section 9033(b) of such Code is 

24 amended— 


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

2 (3); 

3 (2) by striking the period at the end of para4 graph (4) and inserting ‘‘, and’’; and 

5 (3) by inserting after paragraph (4) the fol6 lowing new paragraph: 

7 ‘‘(5) if the candidate is nominated by a political 

8 party for election to the office of President, the can9 didate will apply for and accept payments with re10 spect to the general election for such office in ac11 cordance with chapter 95.’’. 

12 (d) PROHIBITION ON JOINT FUNDRAISING COMMIT13 TEES.—Section 9033(b) of such Code, as amended by sub14 section (c), is amended— 

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

16 (4); 

17 (2) by striking the period at the end of para18 graph (5) and inserting ‘‘; and’’; and 

19 (3) by inserting after paragraph (5) the fol20 lowing new paragraph: 

21 ‘‘(6) the candidate will not establish a joint 

22 fundraising committee with a political committee 

23 other than another authorized committee of the can24 didate, except that candidate established a joint 

25 fundraising committee with respect to a prior elecVerDate Sep 11 2014 00:08 Feb 08, 2022 Jkt 029200 PO 00000 Frm 00695 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RDS H1

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1 tion for which the candidate was not eligible to re2 ceive payments under section 9037 and the can3 didate does not terminate the committee, the can4 didate shall not be considered to be in violation of 

5 this paragraph so long as that joint fundraising 

6 committee does not receive any contributions or 

7 make any disbursements during the election cycle for 

8 which the candidate is eligible to receive payments 

9 under such section.’’. 

10 SEC. 5203. REPEAL OF EXPENDITURE LIMITATIONS. 

11 (a) IN GENERAL.—Subsection (a) of section 9035 of 

12 the Internal Revenue Code of 1986 is amended to read 

13 as follows: 

14 ‘‘(a) PERSONAL EXPENDITURE LIMITATION.—No 

15 candidate shall knowingly make expenditures from his per16 sonal funds, or the personal funds of his immediate family, 

17 in connection with his campaign for nomination for elec18 tion to the office of President in excess of, in the aggre19 gate, $50,000.’’. 

20 (b) CONFORMING AMENDMENT.—Paragraph (1) of 

21 section 9033(b) of the Internal Revenue Code of 1986 is 

22 amended to read as follows: 

23 ‘‘(1) the candidate will comply with the per24 sonal expenditure limitation under section 9035,’’. 


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1 SEC. 5204. PERIOD OF AVAILABILITY OF MATCHING PAY2 MENTS. 

3 Section 9032(6) of the Internal Revenue Code of 

4 1986 is amended by striking ‘‘the beginning of the cal5 endar year in which a general election for the office of 

6 President of the United States will be held’’ and inserting 

7 ‘‘the date that is 6 months prior to the date of the earliest 

8 State primary election’’. 

9 SEC. 5205. EXAMINATION AND AUDITS OF MATCHABLE CON10 TRIBUTIONS. 

11 Section 9038(a) of the Internal Revenue Code of 

12 1986 is amended by inserting ‘‘and matchable contribu13 tions accepted by’’ after ‘‘qualified campaign expenses of’’. 

14 SEC. 5206. MODIFICATION TO LIMITATION ON CONTRIBU15 TIONS FOR PRESIDENTIAL PRIMARY CAN16 DIDATES. 

17 Section 315(a)(6) of the Federal Election Campaign 

18 Act of 1971 (52 U.S.C. 30116(a)(6)) is amended by strik19 ing ‘‘calendar year’’ and inserting ‘‘four-year election 

20 cycle’’. 

21 SEC. 5207. USE OF FREEDOM FROM INFLUENCE FUND AS 

22 SOURCE OF PAYMENTS. 

23 (a) IN GENERAL.—Chapter 96 of subtitle H of the 

24 Internal Revenue Code of 1986 is amended by adding at 

25 the end the following new section: 


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1 ‘‘SEC. 9043. USE OF FREEDOM FROM INFLUENCE FUND AS 

2 SOURCE OF PAYMENTS. 

3 ‘‘(a) IN GENERAL.—Notwithstanding any other pro4 vision of this chapter, effective with respect to the Presi5 dential election held in 2028 and each succeeding Presi6 dential election, all payments made to candidates under 

7 this chapter shall be made from the Freedom From Influ8 ence Fund established under section 541 of the Federal 

9 Election Campaign Act of 1971 (hereafter in this section 

10 referred to as the ‘Fund’). 

11 ‘‘(b) MANDATORY REDUCTION OF PAYMENTS IN

12 CASE OF INSUFFICIENT AMOUNTS IN FUND.— 

13 ‘‘(1) ADVANCE AUDITS BY COMMISSION.—Not 

14 later than 90 days before the first day of each Presi15 dential election cycle (beginning with the cycle for 

16 the election held in 2028), the Commission shall— 

17 ‘‘(A) audit the Fund to determine whether, 

18 after first making payments to participating 

19 candidates under title V of the Federal Election 

20 Campaign Act of 1971 and then making pay21 ments to States under the My Voice Voucher 

22 Program under the Government By the People 

23 Act of 2021, the amounts remaining in the 

24 Fund will be sufficient to make payments to 

25 candidates under this chapter in the amounts 


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1 provided under this chapter during such elec2 tion cycle; and 

3 ‘‘(B) submit a report to Congress describ4 ing the results of the audit. 

5 ‘‘(2) REDUCTIONS IN AMOUNT OF PAYMENTS.— 

6 ‘‘(A) AUTOMATIC REDUCTION ON PRO

7 RATA BASIS.—If, on the basis of the audit de8 scribed in paragraph (1), the Commission deter9 mines that the amount anticipated to be avail10 able in the Fund with respect to the Presi11 dential election cycle involved is not, or may not 

12 be, sufficient to satisfy the full entitlements of 

13 candidates to payments under this chapter for 

14 such cycle, the Commission shall reduce each 

15 amount which would otherwise be paid to a can16 didate under this chapter by such pro rata 

17 amount as may be necessary to ensure that the 

18 aggregate amount of payments anticipated to 

19 be made with respect to the cycle will not ex20 ceed the amount anticipated to be available for 

21 such payments in the Fund with respect to such 

22 cycle. 

23 ‘‘(B) RESTORATION OF REDUCTIONS IN

24 CASE OF AVAILABILITY OF SUFFICIENT FUNDS

25 DURING ELECTION CYCLE.—If, after reducing 


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1 the amounts paid to candidates with respect to 

2 an election cycle under subparagraph (A), the 

3 Commission determines that there are sufficient 

4 amounts in the Fund to restore the amount by 

5 which such payments were reduced (or any por6 tion thereof), to the extent that such amounts 

7 are available, the Commission may make a pay8 ment on a pro rata basis to each such candidate 

9 with respect to the election cycle in the amount 

10 by which such candidate’s payments were re11 duced under subparagraph (A) (or any portion 

12 thereof, as the case may be). 

13 ‘‘(C) NO USE OF AMOUNTS FROM OTHER

14 SOURCES.—In any case in which the Commis15 sion determines that there are insufficient mon16 eys in the Fund to make payments to can17 didates under this chapter, moneys shall not be 

18 made available from any other source for the 

19 purpose of making such payments. 

20 ‘‘(3) NO EFFECT ON AMOUNTS TRANSFERRED

21 FOR PEDIATRIC RESEARCH INITIATIVE.—This sec22 tion does not apply to the transfer of funds under 

23 section 9008(i). 

24 ‘‘(4) PRESIDENTIAL ELECTION CYCLE DE25 FINED.—In this section, the term ‘Presidential elecVerDate Sep 11 2014 00:08 Feb 08, 2022 Jkt 029200 PO 00000 Frm 00700 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RDS H1

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1 tion cycle’ means, with respect to a Presidential elec2 tion, the period beginning on the day after the date 

3 of the previous Presidential general election and 

4 ending on the date of the Presidential election.’’. 

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

6 for chapter 96 of subtitle H of such Code is amended by 

7 adding at the end the following new item: 

‘‘Sec. 9043. Use of Freedom From Influence Fund as source of payments.’’. 

8 PART 2—GENERAL ELECTIONS 

9 SEC. 5211. MODIFICATION OF ELIGIBILITY REQUIREMENTS 

10 FOR PUBLIC FINANCING. 

11 Subsection (a) of section 9003 of the Internal Rev12 enue Code of 1986 is amended to read as follows: 

13 ‘‘(a) IN GENERAL.—In order to be eligible to receive 

14 any payments under section 9006, the candidates of a po15 litical party in a Presidential election shall meet the fol16 lowing requirements: 

17 ‘‘(1) PARTICIPATION IN PRIMARY PAYMENT

18 SYSTEM.—The candidate for President received pay19 ments under chapter 96 for the campaign for nomi20 nation for election to be President. 

21 ‘‘(2) AGREEMENTS WITH COMMISSION.—The 

22 candidates, in writing— 

23 ‘‘(A) agree to obtain and furnish to the 

24 Commission such evidence as it may request of 


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1 the qualified campaign expenses of such can2 didates, 

3 ‘‘(B) agree to keep and furnish to the 

4 Commission such records, books, and other in5 formation as it may request, and 

6 ‘‘(C) agree to an audit and examination by 

7 the Commission under section 9007 and to pay 

8 any amounts required to be paid under such 

9 section. 

10 ‘‘(3) PROHIBITION ON JOINT FUNDRAISING

11 COMMITTEES.— 

12 ‘‘(A) PROHIBITION.—The candidates cer13 tifies in writing that the candidates will not es14 tablish a joint fundraising committee with a po15 litical committee other than another authorized 

16 committee of the candidate. 

17 ‘‘(B) STATUS OF EXISTING COMMITTEES

18 FOR PRIOR ELECTIONS.—If a candidate estab19 lished a joint fundraising committee described 

20 in subparagraph (A) with respect to a prior 

21 election for which the candidate was not eligible 

22 to receive payments under section 9006 and the 

23 candidate does not terminate the committee, 

24 the candidate shall not be considered to be in 

25 violation of subparagraph (A) so long as that 


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1 joint fundraising committee does not receive 

2 any contributions or make any disbursements 

3 with respect to the election for which the can4 didate is eligible to receive payments under sec5 tion 9006.’’. 

6 SEC. 5212. REPEAL OF EXPENDITURE LIMITATIONS AND 

7 USE OF QUALIFIED CAMPAIGN CONTRIBU8 TIONS. 

9 (a) USE OF QUALIFIED CAMPAIGN CONTRIBUTIONS

10 WITHOUT EXPENDITURE LIMITS; APPLICATION OF SAME

11 REQUIREMENTS FOR MAJOR, MINOR, AND NEW PAR12 TIES.—Section 9003 of the Internal Revenue Code of 

13 1986 is amended by striking subsections (b) and (c) and 

14 inserting the following: 

15 ‘‘(b) USE OF QUALIFIED CAMPAIGN CONTRIBUTIONS

16 TO DEFRAY EXPENSES.— 

17 ‘‘(1) IN GENERAL.—In order to be eligible to 

18 receive any payments under section 9006, the can19 didates of a party in a Presidential election shall 

20 certify to the Commission, under penalty of perjury, 

21 that— 

22 ‘‘(A) such candidates and their authorized 

23 committees have not and will not accept any 

24 contributions to defray qualified campaign ex25 penses other than— 


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1 ‘‘(i) qualified campaign contributions, 

2 and 

3 ‘‘(ii) contributions to the extent nec4 essary to make up any deficiency payments 

5 received out of the fund on account of the 

6 application of section 9006(c), and 

7 ‘‘(B) such candidates and their authorized 

8 committees have not and will not accept any 

9 contribution to defray expenses which would be 

10 qualified campaign expenses but for subpara11 graph (C) of section 9002(11). 

12 ‘‘(2) TIMING OF CERTIFICATION.—The can13 didate shall make the certification required under 

14 this subsection at the same time the candidate 

15 makes the certification required under subsection 

16 (a)(3).’’. 

17 (b) DEFINITION OF QUALIFIED CAMPAIGN CON18 TRIBUTION.—Section 9002 of such Code is amended by 

19 adding at the end the following new paragraph: 

20 ‘‘(13) QUALIFIED CAMPAIGN CONTRIBUTION.— 

21 The term ‘qualified campaign contribution’ means, 

22 with respect to any election for the office of Presi23 dent of the United States, a contribution from an in24 dividual to a candidate or an authorized committee 

25 of a candidate which— 


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1 ‘‘(A) does not exceed $1,000 for the elec2 tion; and 

3 ‘‘(B) with respect to which the candidate 

4 has certified in writing that— 

5 ‘‘(i) the individual making such con6 tribution has not made aggregate contribu7 tions (including such qualified contribu8 tion) to such candidate and the authorized 

9 committees of such candidate in excess of 

10 the amount described in subparagraph (A), 

11 and 

12 ‘‘(ii) such candidate and the author13 ized committees of such candidate will not 

14 accept contributions from such individual 

15 (including such qualified contribution) ag16 gregating more than the amount described 

17 in subparagraph (A) with respect to such 

18 election.’’. 

19 (c) CONFORMING AMENDMENTS.— 

20 (1) REPEAL OF EXPENDITURE LIMITS.— 

21 (A) IN GENERAL.—Section 315 of the Fed22 eral Election Campaign Act of 1971 (52 U.S.C. 

23 30116) is amended by striking subsection (b). 


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1 (B) CONFORMING AMENDMENTS.—Section 

2 315(c) of such Act (52 U.S.C. 30116(c)) is 

3 amended— 

4 (i) in paragraph (1)(B)(i), by striking 

5 ‘‘, (b)’’; and 

6 (ii) in paragraph (2)(B)(i), by striking 

7 ‘‘subsections (b) and (d)’’ and inserting 

8 ‘‘subsection (d)’’. 

9 (2) REPEAL OF REPAYMENT REQUIREMENT.— 

10 (A) IN GENERAL.—Section 9007(b) of the 

11 Internal Revenue Code of 1986 is amended by 

12 striking paragraph (2) and redesignating para13 graphs (3), (4), and (5) as paragraphs (2), (3), 

14 and (4), respectively. 

15 (B) CONFORMING AMENDMENT.—Para16 graph (2) of section 9007(b) of such Code, as 

17 redesignated by subparagraph (A), is amend18 ed— 

19 (i) by striking ‘‘a major party’’ and 

20 inserting ‘‘a party’’; 

21 (ii) by striking ‘‘contributions (other 

22 than’’ and inserting ‘‘contributions (other 

23 than qualified contributions’’; and 

24 (iii) by striking ‘‘(other than qualified 

25 campaign expenses with respect to which 


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1 payment is required under paragraph 

2 (2))’’. 

3 (3) CRIMINAL PENALTIES.— 

4 (A) REPEAL OF PENALTY FOR EXCESS EX5 PENSES.—Section 9012 of the Internal Revenue 

6 Code of 1986 is amended by striking subsection 

7 (a). 

8 (B) PENALTY FOR ACCEPTANCE OF DIS9 ALLOWED CONTRIBUTIONS; APPLICATION OF

10 SAME PENALTY FOR CANDIDATES OF MAJOR, 

11 MINOR, AND NEW PARTIES.—Subsection (b) of 

12 section 9012 of such Code is amended to read 

13 as follows: 

14 ‘‘(b) CONTRIBUTIONS.— 

15 ‘‘(1) ACCEPTANCE OF DISALLOWED CONTRIBU16 TIONS.—It shall be unlawful for an eligible can17 didate of a party in a Presidential election or any of 

18 his authorized committees knowingly and willfully to 

19 accept— 

20 ‘‘(A) any contribution other than a quali21 fied campaign contribution to defray qualified 

22 campaign expenses, except to the extent nec23 essary to make up any deficiency in payments 

24 received out of the fund on account of the ap25 plication of section 9006(c); or 


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1 ‘‘(B) any contribution to defray expenses 

2 which would be qualified campaign expenses but 

3 for subparagraph (C) of section 9002(11). 

4 ‘‘(2) PENALTY.—Any person who violates para5 graph (1) shall be fined not more than $5,000, or 

6 imprisoned not more than one year, or both. In the 

7 case of a violation by an authorized committee, any 

8 officer or member of such committee who knowingly 

9 and willfully consents to such violation shall be fined 

10 not more than $5,000, or imprisoned not more than 

11 one year, or both.’’. 

12 SEC. 5213. MATCHING PAYMENTS AND OTHER MODIFICA13 TIONS TO PAYMENT AMOUNTS. 

14 (a) IN GENERAL.— 

15 (1) AMOUNT OF PAYMENTS; APPLICATION OF

16 SAME AMOUNT FOR CANDIDATES OF MAJOR, MINOR, 

17 AND NEW PARTIES.—Subsection (a) of section 9004 

18 of the Internal Revenue Code of 1986 is amended to 

19 read as follows: 

20 ‘‘(a) IN GENERAL.—Subject to the provisions of this 

21 chapter, the eligible candidates of a party in a Presidential 

22 election shall be entitled to equal payment under section 

23 9006 in an amount equal to 600 percent of the amount 

24 of each matchable contribution received by such candidate 

25 or by the candidate’s authorized committees (disregarding 


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1 any amount of contributions from any person to the extent 

2 that the total of the amounts contributed by such person 

3 for the election exceeds $200), except that total amount 

4 to which a candidate is entitled under this paragraph shall 

5 not exceed $250,000,000.’’. 

6 (2) REPEAL OF SEPARATE LIMITATIONS FOR

7 CANDIDATES OF MINOR AND NEW PARTIES; INFLA8 TION ADJUSTMENT.—Subsection (b) of section 9004 

9 of such Code is amended to read as follows: 

10 ‘‘(b) INFLATION ADJUSTMENT.— 

11 ‘‘(1) IN GENERAL.—In the case of any applica12 ble period beginning after 2029, the $250,000,000 

13 dollar amount in subsection (a) shall be increased by 

14 an amount equal to— 

15 ‘‘(A) such dollar amount; multiplied by 

16 ‘‘(B) the cost-of-living adjustment deter17 mined under section 1(f)(3) for the calendar 

18 year following the year which such applicable 

19 period begins, determined by substituting ‘cal20 endar year 2028’ for ‘calendar year 1992’ in 

21 subparagraph (B) thereof. 

22 ‘‘(2) APPLICABLE PERIOD.—For purposes of 

23 this subsection, the term ‘applicable period’ means 

24 the 4-year period beginning with the first day fol25 lowing the date of the general election for the office 


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1 of President and ending on the date of the next such 

2 general election. 

3 ‘‘(3) ROUNDING.—If any amount as adjusted 

4 under paragraph (1) is not a multiple of $10,000, 

5 such amount shall be rounded to the nearest mul6 tiple of $10,000.’’. 

7 (3) CONFORMING AMENDMENT.—Section 

8 9005(a) of such Code is amended by adding at the 

9 end the following new sentence: ‘‘The Commission 

10 shall make such additional certifications as may be 

11 necessary to receive payments under section 9004.’’. 

12 (b) MATCHABLE CONTRIBUTION.—Section 9002 of 

13 such Code, as amended by section 5212(b), is amended 

14 by adding at the end the following new paragraph: 

15 ‘‘(14) MATCHABLE CONTRIBUTION.—The term 

16 ‘matchable contribution’ means, with respect to the 

17 election to the office of President of the United 

18 States, a contribution by an individual to a can19 didate or an authorized committee of a candidate 

20 with respect to which the candidate has certified in 

21 writing that— 

22 ‘‘(A) the individual making such contribu23 tion has not made aggregate contributions (in24 cluding such matchable contribution) to such 

25 candidate and the authorized committees of 


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1 such candidate in excess of $1,000 for the elec2 tion; 

3 ‘‘(B) such candidate and the authorized 

4 committees of such candidate will not accept 

5 contributions from such individual (including 

6 such matchable contribution) aggregating more 

7 than the amount described in subparagraph (A) 

8 with respect to such election; and 

9 ‘‘(C) such contribution was a direct con10 tribution (as defined in section 9034(c)(3)).’’. 

11 SEC. 5214. INCREASE IN LIMIT ON COORDINATED PARTY 

12 EXPENDITURES. 

13 (a) IN GENERAL.—Section 315(d)(2) of the Federal 

14 Election Campaign Act of 1971 (52 U.S.C. 30116(d)(2)) 

15 is amended to read as follows: 

16 ‘‘(2)(A) The national committee of a political party 

17 may not make any expenditure in connection with the gen18 eral election campaign of any candidate for President of 

19 the United States who is affiliated with such party which 

20 exceeds $100,000,000. 

21 ‘‘(B) For purposes of this paragraph— 

22 ‘‘(i) any expenditure made by or on behalf of a 

23 national committee of a political party and in con24 nection with a Presidential election shall be consid25 ered to be made in connection with the general elecVerDate Sep 11 2014 00:08 Feb 08, 2022 Jkt 029200 PO 00000 Frm 00711 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RDS H1

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1 tion campaign of a candidate for President of the 

2 United States who is affiliated with such party; and 

3 ‘‘(ii) any communication made by or on behalf 

4 of such party shall be considered to be made in con5 nection with the general election campaign of a can6 didate for President of the United States who is af7 filiated with such party if any portion of the commu8 nication is in connection with such election. 

9 ‘‘(C) Any expenditure under this paragraph shall be 

10 in addition to any expenditure by a national committee 

11 of a political party serving as the principal campaign com12 mittee of a candidate for the office of President of the 

13 United States.’’. 

14 (b) CONFORMING AMENDMENTS RELATING TO TIM15 ING OF COST-OF-LIVING ADJUSTMENT.— 

16 (1) IN GENERAL.—Section 315(c)(1) of such 

17 Act (52 U.S.C. 30116(c)(1)) is amended— 

18 (A) in subparagraph (B), by striking ‘‘(d)’’ 

19 and inserting ‘‘(d)(2)’’; and 

20 (B) by adding at the end the following new 

21 subparagraph: 

22 ‘‘(D) In any calendar year after 2028— 

23 ‘‘(i) the dollar amount in subsection (d)(2) shall 

24 be increased by the percent difference determined 

25 under subparagraph (A); 


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1 ‘‘(ii) the amount so increased shall remain in 

2 effect for the calendar year; and 

3 ‘‘(iii) if the amount after adjustment under 

4 clause (i) is not a multiple of $100, such amount 

5 shall be rounded to the nearest multiple of $100.’’. 

6 (2) BASE YEAR.—Section 315(c)(2)(B) of such 

7 Act (52 U.S.C. 30116(c)(2)(B)) is amended— 

8 (A) in clause (i)— 

9 (i) by striking ‘‘(d)’’ and inserting 

10 ‘‘(d)(3)’’; and 

11 (ii) by striking ‘‘and’’ at the end; 

12 (B) in clause (ii), by striking the period at 

13 the end and inserting ‘‘; and’’; and 

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

15 clause: 

16 ‘‘(iii) for purposes of subsection (d)(2), cal17 endar year 2027.’’. 

18 SEC. 5215. ESTABLISHMENT OF UNIFORM DATE FOR RE19 LEASE OF PAYMENTS. 

20 (a) DATE FOR PAYMENTS.— 

21 (1) IN GENERAL.—Section 9006(b) of the In22 ternal Revenue Code of 1986 is amended to read as 

23 follows: 

24 ‘‘(b) PAYMENTS FROM THE FUND.—If the Secretary 

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1 sion under section 9005 for payment to the eligible can2 didates of a political party, the Secretary shall pay to such 

3 candidates out of the fund the amount certified by the 

4 Commission on the later of— 

5 ‘‘(1) the last Friday occurring before the first 

6 Monday in September; or 

7 ‘‘(2) 24 hours after receiving the certifications 

8 for the eligible candidates of all major political par9 ties. 

10 Amounts paid to any such candidates shall be under the 

11 control of such candidates.’’. 

12 (2) CONFORMING AMENDMENT.—The first sen13 tence of section 9006(c) of such Code is amended by 

14 striking ‘‘the time of a certification by the Commis15 sion under section 9005 for payment’’ and inserting 

16 ‘‘the time of making a payment under subsection 

17 (b)’’. 

18 (b) TIME FOR CERTIFICATION.—Section 9005(a) of 

19 the Internal Revenue Code of 1986 is amended by striking 

20 ‘‘10 days’’ and inserting ‘‘24 hours’’. 

21 SEC. 5216. AMOUNTS IN PRESIDENTIAL ELECTION CAM22 PAIGN FUND. 

23 Section 9006(c) of the Internal Revenue Code of 

24 1986 is amended by adding at the end the following new 

25 sentence: ‘‘In making a determination of whether there are 


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1 insufficient moneys in the fund for purposes of the pre2 vious sentence, the Secretary shall take into account in 

3 determining the balance of the fund for a Presidential 

4 election year the Secretary’s best estimate of the amount 

5 of moneys which will be deposited into the fund during 

6 the year, except that the amount of the estimate may not 

7 exceed the average of the annual amounts deposited in the 

8 fund during the previous 3 years.’’. 

9 SEC. 5217. USE OF GENERAL ELECTION PAYMENTS FOR 

10 GENERAL ELECTION LEGAL AND ACCOUNT11 ING COMPLIANCE. 

12 Section 9002(11) of the Internal Revenue Code of 

13 1986 is amended by adding at the end the following new 

14 sentence: ‘‘For purposes of subparagraph (A), an expense 

15 incurred by a candidate or authorized committee for gen16 eral election legal and accounting compliance purposes 

17 shall be considered to be an expense to further the election 

18 of such candidate.’’. 

19 SEC. 5218. USE OF FREEDOM FROM INFLUENCE FUND AS 

20 SOURCE OF PAYMENTS. 

21 (a) IN GENERAL.—Chapter 95 of subtitle H of the 

22 Internal Revenue Code of 1986 is amended by adding at 

23 the end the following new section: 


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1 ‘‘SEC. 9013. USE OF FREEDOM FROM INFLUENCE FUND AS 

2 SOURCE OF PAYMENTS. 

3 ‘‘(a) IN GENERAL.—Notwithstanding any other pro4 vision of this chapter, effective with respect to the Presi5 dential election held in 2028 and each succeeding Presi6 dential election, all payments made under this chapter 

7 shall be made from the Freedom From Influence Fund 

8 established under section 541 of the Federal Election 

9 Campaign Act of 1971. 

10 ‘‘(b) MANDATORY REDUCTION OF PAYMENTS IN

11 CASE OF INSUFFICIENT AMOUNTS IN FUND.— 

12 ‘‘(1) ADVANCE AUDITS BY COMMISSION.—Not 

13 later than 90 days before the first day of each Presi14 dential election cycle (beginning with the cycle for 

15 the election held in 2028), the Commission shall— 

16 ‘‘(A) audit the Fund to determine whether, 

17 after first making payments to participating 

18 candidates under title V of the Federal Election 

19 Campaign Act of 1971 and then making pay20 ments to States under the My Voice Voucher 

21 Program under the Government By the People 

22 Act of 2021 and then making payments to can23 didates under chapter 96, the amounts remain24 ing in the Fund will be sufficient to make pay25 ments to candidates under this chapter in the 


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1 amounts provided under this chapter during 

2 such election cycle; and 

3 ‘‘(B) submit a report to Congress describ4 ing the results of the audit. 

5 ‘‘(2) REDUCTIONS IN AMOUNT OF PAYMENTS.— 

6 ‘‘(A) AUTOMATIC REDUCTION ON PRO

7 RATA BASIS.—If, on the basis of the audit de8 scribed in paragraph (1), the Commission deter9 mines that the amount anticipated to be avail10 able in the Fund with respect to the Presi11 dential election cycle involved is not, or may not 

12 be, sufficient to satisfy the full entitlements of 

13 candidates to payments under this chapter for 

14 such cycle, the Commission shall reduce each 

15 amount which would otherwise be paid to a can16 didate under this chapter by such pro rata 

17 amount as may be necessary to ensure that the 

18 aggregate amount of payments anticipated to 

19 be made with respect to the cycle will not ex20 ceed the amount anticipated to be available for 

21 such payments in the Fund with respect to such 

22 cycle. 

23 ‘‘(B) RESTORATION OF REDUCTIONS IN

24 CASE OF AVAILABILITY OF SUFFICIENT FUNDS

25 DURING ELECTION CYCLE.—If, after reducing 


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1 the amounts paid to candidates with respect to 

2 an election cycle under subparagraph (A), the 

3 Commission determines that there are sufficient 

4 amounts in the Fund to restore the amount by 

5 which such payments were reduced (or any por6 tion thereof), to the extent that such amounts 

7 are available, the Commission may make a pay8 ment on a pro rata basis to each such candidate 

9 with respect to the election cycle in the amount 

10 by which such candidate’s payments were re11 duced under subparagraph (A) (or any portion 

12 thereof, as the case may be). 

13 ‘‘(C) NO USE OF AMOUNTS FROM OTHER

14 SOURCES.—In any case in which the Commis15 sion determines that there are insufficient mon16 eys in the Fund to make payments to can17 didates under this chapter, moneys shall not be 

18 made available from any other source for the 

19 purpose of making such payments. 

20 ‘‘(3) NO EFFECT ON AMOUNTS TRANSFERRED

21 FOR PEDIATRIC RESEARCH INITIATIVE.—This sec22 tion does not apply to the transfer of funds under 

23 section 9008(i). 

24 ‘‘(4) PRESIDENTIAL ELECTION CYCLE DE25 FINED.—In this section, the term ‘Presidential elecVerDate Sep 11 2014 00:08 Feb 08, 2022 Jkt 029200 PO 00000 Frm 00718 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RDS H1

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1 tion cycle’ means, with respect to a Presidential elec2 tion, the period beginning on the day after the date 

3 of the previous Presidential general election and 

4 ending on the date of the Presidential election.’’. 

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

6 for chapter 95 of subtitle H of such Code is amended by 

7 adding at the end the following new item: 

‘‘Sec. 9013. Use of Freedom From Influence Fund as source of payments.’’. 

8 PART 3—EFFECTIVE DATE 

9 SEC. 5221. EFFECTIVE DATE. 

10 (a) IN GENERAL.—Except as otherwise provided, this 

11 subtitle and the amendments made by this subtitle shall 

12 apply with respect to the Presidential election held in 2028 

13 and each succeeding Presidential election, without regard 

14 to whether or not the Federal Election Commission has 

15 promulgated the final regulations necessary to carry out 

16 this part and the amendments made by this part by the 

17 deadline set forth in subsection (b). 

18 (b) DEADLINE FOR REGULATIONS.—Not later than 

19 June 30, 2026, the Federal Election Commission shall 

20 promulgate such regulations as may be necessary to carry 

21 out this part and the amendments made by this part. 


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1 Subtitle D—Personal Use Services 

2 as Authorized Campaign Ex3 penditures 

4 SEC. 5301. SHORT TITLE; FINDINGS; PURPOSE. 

5 (a) SHORT TITLE.—This subtitle may be cited as the 

6 ‘‘Help America Run Act’’. 

7 (b) FINDINGS.—Congress finds the following: 

8 (1) Everyday Americans experience barriers to 

9 entry before they can consider running for office to 

10 serve their communities. 

11 (2) Current law states that campaign funds 

12 cannot be spent on everyday expenses that would 

13 exist whether or not a candidate were running for 

14 office, like childcare and food. While the law seems 

15 neutral, its actual effect is to privilege the independ16 ently wealthy who want to run, because given the de17 mands of running for office, candidates who must 

18 work to pay for childcare or to afford health insur19 ance are effectively being left out of the process, 

20 even if they have sufficient support to mount a via21 ble campaign. 

22 (3) Thus current practice favors those prospec23 tive candidates who do not need to rely on a regular 

24 paycheck to make ends meet. The consequence is 

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1 edge of the importance of stable childcare, a safety 

2 net, or great public schools are less likely to get a 

3 seat at the table. This governance by the few is anti4 thetical to the democratic experiment, but most im5 portantly, when lawmakers do not share the con6 cerns of everyday Americans, their policies reflect 

7 that. 

8 (4) These circumstances have contributed to a 

9 Congress that does not always reflect everyday 

10 Americans. The New York Times reported in 2019 

11 that fewer than 5 percent of representatives cite 

12 blue-collar or service jobs in their biographies. A 

13 2015 survey by the Center for Responsive Politics 

14 showed that the median net worth of lawmakers was 

15 just over $1 million in 2013, or 18 times the wealth 

16 of the typical American household. 

17 (5) These circumstances have also contributed 

18 to a governing body that does not reflect the nation 

19 it serves. For instance, women are 51 percent of the 

20 American population. Yet even with a record number 

21 of women serving in the One Hundred Sixteenth 

22 Congress, the Pew Research Center notes that more 

23 than three out of four Members of this Congress are 

24 male. The Center for American Women And Politics 

25 found that one third of women legislators surveyed 


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1 had been actively discouraged from running for of2 fice, often by political professionals. This type of dis3 couragement, combined with the prohibitions on 

4 using campaign funds for domestic needs like 

5 childcare, burdens that still fall disproportionately 

6 on American women, particularly disadvantages 

7 working mothers. These barriers may explain why 

8 only 10 women in history have given birth while 

9 serving in Congress, in spite of the prevalence of 

10 working parents in other professions. Yet working 

11 mothers and fathers are best positioned to create 

12 policy that reflects the lived experience of most 

13 Americans. 

14 (6) Working mothers, those caring for their el15 derly parents, and young professionals who rely on 

16 their jobs for health insurance should have the free17 dom to run to serve the people of the United States. 

18 Their networks and net worth are simply not the 

19 best indicators of their strength as prospective pub20 lic servants. In fact, helping ordinary Americans to 

21 run may create better policy for all Americans. 

22 (c) PURPOSE.—It is the purpose of this subtitle to 

23 ensure that all Americans who are otherwise qualified to 

24 serve this Nation are able to run for office, regardless of 

25 their economic status. By expanding permissible uses of 


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1 campaign funds and providing modest assurance that test2 ing a run for office will not cost one’s livelihood, the Help 

3 America Run Act will facilitate the candidacy of represent4 atives who more accurately reflect the experiences, chal5 lenges, and ideals of everyday Americans. 

6 SEC. 5302. TREATMENT OF PAYMENTS FOR CHILD CARE 

7 AND OTHER PERSONAL USE SERVICES AS AU8 THORIZED CAMPAIGN EXPENDITURE. 

9 (a) PERSONAL USE SERVICES AS AUTHORIZED CAM10 PAIGN EXPENDITURE.—Section 313 of the Federal Elec11 tion Campaign Act of 1971 (52 U.S.C. 30114), as amend12 ed by section 5113, is amended by adding at the end the 

13 following new subsection: 

14 ‘‘(e) TREATMENT OF PAYMENTS FOR CHILD CARE

15 AND OTHER PERSONAL USE SERVICES AS AUTHORIZED

16 CAMPAIGN EXPENDITURE.— 

17 ‘‘(1) AUTHORIZED EXPENDITURES.—For pur18 poses of subsection (a), the payment by an author19 ized committee of a candidate for any of the per20 sonal use services described in paragraph (3) shall 

21 be treated as an authorized expenditure if the serv22 ices are necessary to enable the participation of the 

23 candidate in campaign-connected activities. 

24 ‘‘(2) LIMITATIONS.— 


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1 ‘‘(A) LIMIT ON TOTAL AMOUNT OF PAY2 MENTS.—The total amount of payments made 

3 by an authorized committee of a candidate for 

4 personal use services described in paragraph (3) 

5 may not exceed the limit which is applicable 

6 under any law, rule, or regulation on the 

7 amount of payments which may be made by the 

8 committee for the salary of the candidate (with9 out regard to whether or not the committee 

10 makes payments to the candidate for that pur11 pose). 

12 ‘‘(B) CORRESPONDING REDUCTION IN

13 AMOUNT OF SALARY PAID TO CANDIDATE.—To 

14 the extent that an authorized committee of a 

15 candidate makes payments for the salary of the 

16 candidate, any limit on the amount of such pay17 ments which is applicable under any law, rule, 

18 or regulation shall be reduced by the amount of 

19 any payments made to or on behalf of the can20 didate for personal use services described in 

21 paragraph (3), other than personal use services 

22 described in subparagraph (D) of such para23 graph. 

24 ‘‘(C) EXCLUSION OF CANDIDATES WHO

25 ARE OFFICEHOLDERS.—Paragraph (1) does not 


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1 apply with respect to an authorized committee 

2 of a candidate who is a holder of Federal office. 

3 ‘‘(3) PERSONAL USE SERVICES DESCRIBED.— 

4 The personal use services described in this para5 graph are as follows: 

6 ‘‘(A) Child care services. 

7 ‘‘(B) Elder care services. 

8 ‘‘(C) Services similar to the services de9 scribed in subparagraph (A) or subparagraph 

10 (B) which are provided on behalf of any de11 pendent who is a qualifying relative under sec12 tion 152 of the Internal Revenue Code of 1986. 

13 ‘‘(D) Health insurance premiums.’’. 

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

15 this section shall take effect on the date of the enactment 

16 of this Act. 

17 Subtitle E—Empowering Small 

18 Dollar Donations 

19 SEC. 5401. PERMITTING POLITICAL PARTY COMMITTEES TO 

20 PROVIDE ENHANCED SUPPORT FOR CAN21 DIDATES THROUGH USE OF SEPARATE 

22 SMALL DOLLAR ACCOUNTS. 

23 (a) INCREASE IN LIMIT ON CONTRIBUTIONS TO CAN24 DIDATES.—Section 315(a)(2)(A) of the Federal Election 

25 Campaign Act of 1971 (52 U.S.C. 30116(a)(2)(A)) is 


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1 amended by striking ‘‘exceed $5,000’’ and inserting ‘‘ex2 ceed $5,000 or, in the case of a contribution made by a 

3 national committee of a political party from an account 

4 described in paragraph (11), exceed $10,000’’. 

5 (b) ELIMINATION OF LIMIT ON COORDINATED EX6 PENDITURES.—Section 315(d)(5) of such Act (52 U.S.C. 

7 30116(d)(5)) is amended by striking ‘‘subsection (a)(9)’’ 

8 and inserting ‘‘subsection (a)(9) or subsection (a)(11)’’. 

9 (c) ACCOUNTS DESCRIBED.—Section 315(a) of such 

10 Act (52 U.S.C. 30116(a)), as amended by section 5112(a), 

11 is amended by adding at the end the following new para12 graph: 

13 ‘‘(11) An account described in this paragraph is a 

14 separate, segregated account of a national committee of 

15 a political party (including a national congressional cam16 paign committee of a political party) consisting exclusively 

17 of contributions made during a calendar year by individ18 uals whose aggregate contributions to the committee dur19 ing the year do not exceed $200.’’. 

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

21 this section shall apply with respect to elections held on 

22 or after the date of the enactment of this Act. 


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1 Subtitle F—Severability 

2 SEC. 5501. SEVERABILITY. 

3 If any provision of this title or amendment made by 

4 this title, or the application of a provision or amendment 

5 to any person or circumstance, is held to be unconstitu6 tional, the remainder of this title and amendments made 

7 by this title, and the application of the provisions and 

8 amendment to any person or circumstance, shall not be 

9 affected by the holding. 

10 TITLE VI—CAMPAIGN FINANCE 

11 OVERSIGHT 

Subtitle A—Restoring Integrity to America’s Elections 

Sec. 6001. Short title. 

Sec. 6002. Membership of Federal Election Commission. 

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

Sec. 6004. Revision to enforcement process. 

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

by persons opposing the requests. 

Sec. 6006. Permanent extension of administrative penalty authority. 

Sec. 6007. Restrictions on ex parte communications. 

Sec. 6008. Clarifying authority of FEC attorneys to represent FEC in Supreme 

Court. 

Sec. 6009. Requiring forms to permit use of accent marks. 

Sec. 6010. Extension of statute of limitations for offenses under Federal Election Campaign Act of 1971. 

Sec. 6011. Effective date; transition. 

Subtitle B—Stopping Super PAC-Candidate Coordination 

Sec. 6101. Short title. 

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

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

Subtitle C—Disposal of Contributions or Donations 

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

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


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

Election 

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

Subtitle E—Severability 

Sec. 6401. Severability. 

1 Subtitle A—Restoring Integrity to 

2 America’s Elections 

3 SEC. 6001. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Restoring Integrity 

5 to America’s Elections Act’’. 

6 SEC. 6002. MEMBERSHIP OF FEDERAL ELECTION COMMIS7 SION. 

8 (a) REDUCTION IN NUMBER OF MEMBERS; REMOVAL

9 OF SECRETARY OF SENATE AND CLERK OF HOUSE AS

10 EX OFFICIO MEMBERS.— 

11 (1) IN GENERAL; QUORUM.—Section 306(a)(1) 

12 of the Federal Election Campaign Act of 1971 (52 

13 U.S.C. 30106(a)(1)) is amended by striking the sec14 ond and third sentences and inserting the following: 

15 ‘‘The Commission is composed of 5 members ap16 pointed by the President by and with the advice and 

17 consent of the Senate, of whom no more than 2 may 

18 be affiliated with the same political party. A member 

19 shall be treated as affiliated with a political party if 

20 the member was affiliated, including as a registered 

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1 didates or elected public officials at any time during 

2 the 5-year period ending on the date on which such 

3 individual is nominated to be a member of the Com4 mission. A majority of the number of members of 

5 the Commission who are serving at the time shall 

6 constitute a quorum.’’. 

7 (2) CONFORMING AMENDMENTS RELATING TO

8 REDUCTION IN NUMBER OF MEMBERS.—(A) Section 

9 306(c) of such Act (52 U.S.C. 30106(c)) is amended 

10 by striking the period at the end of the first sen11 tence and all that follows and inserting the fol12 lowing: ‘‘, except that an affirmative vote of a major13 ity of the members of the Commission who are serv14 ing at the time shall be required in order for the 

15 Commission to take any action in accordance with 

16 paragraph (6), (7), (8), or (9) of section 307(a) or 

17 with chapter 95 or chapter 96 of the Internal Rev18 enue Code of 1986. A member of the Commission 

19 may not delegate to any person his or her vote or 

20 any decisionmaking authority or duty vested in the 

21 Commission by the provisions of this Act’’. 

22 (B) Such Act is further amended by striking 

23 ‘‘affirmative vote of 4 of its members’’ and inserting 

24 ‘‘affirmative vote of a majority of the members of 


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1 the Commission who are serving at the time’’ each 

2 place it appears in the following sections: 

3 (i) Section 309(a)(2) (52 U.S.C. 

4 30109(a)(2)). 

5 (ii) Section 309(a)(4)(A)(i) (52 U.S.C. 

6 30109(a)(4)(A)(i)). 

7 (iii) Section 309(a)(5)(C) (52 U.S.C. 

8 30109(a)(5)(C)). 

9 (iv) Section 309(a)(6)(A) (52 U.S.C. 

10 30109(a)(6)(A)). 

11 (v) Section 311(b) (52 U.S.C. 30111(b)). 

12 (3) CONFORMING AMENDMENT RELATING TO

13 REMOVAL OF EX OFFICIO MEMBERS.—Section 

14 306(a) of such Act (52 U.S.C. 30106(a)) is amend15 ed by striking ‘‘(other than the Secretary of the Sen16 ate and the Clerk of the House of Representatives)’’ 

17 each place it appears in paragraphs (4) and (5). 

18 (b) TERMS OF SERVICE.—Section 306(a)(2) of such 

19 Act (52 U.S.C. 30106(a)(2)) is amended to read as fol20 lows: 

21 ‘‘(2) TERMS OF SERVICE.— 

22 ‘‘(A) IN GENERAL.—Each member of the 

23 Commission shall serve for a single term of 6 

24 years. 


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1 ‘‘(B) SPECIAL RULE FOR INITIAL APPOINT2 MENTS.—Of the members first appointed to 

3 serve terms that begin in January 2022, the 

4 President shall designate 2 to serve for a 3-year 

5 term. 

6 ‘‘(C) NO REAPPOINTMENT PERMITTED.— 

7 An individual who served a term as a member 

8 of the Commission may not serve for an addi9 tional term, except that— 

10 ‘‘(i) an individual who served a 3-year 

11 term under subparagraph (B) may also be 

12 appointed to serve a 6-year term under 

13 subparagraph (A); and 

14 ‘‘(ii) for purposes of this subpara15 graph, an individual who is appointed to 

16 fill a vacancy under subparagraph (D) 

17 shall not be considered to have served a 

18 term if the portion of the unexpired term 

19 the individual fills is less than 50 percent 

20 of the period of the term. 

21 ‘‘(D) VACANCIES.—Any vacancy occurring 

22 in the membership of the Commission shall be 

23 filled in the same manner as in the case of the 

24 original appointment. Except as provided in 

25 subparagraph (C), an individual appointed to 


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1 fill a vacancy occurring other than by the expi2 ration of a term of office shall be appointed 

3 only for the unexpired term of the member he 

4 or she succeeds. 

5 ‘‘(E) LIMITATION ON SERVICE AFTER EX6 PIRATION OF TERM.—A member of the Com7 mission may continue to serve on the Commis8 sion after the expiration of the member’s term 

9 for an additional period, but only until the ear10 lier of— 

11 ‘‘(i) the date on which the member’s 

12 successor has taken office as a member of 

13 the Commission; or 

14 ‘‘(ii) the expiration of the 1-year pe15 riod that begins on the last day of the 

16 member’s term.’’. 

17 (c) QUALIFICATIONS.—Section 306(a)(3) of such Act 

18 (52 U.S.C. 30106(a)(3)) is amended to read as follows: 

19 ‘‘(3) QUALIFICATIONS.— 

20 ‘‘(A) IN GENERAL.—The President may 

21 select an individual for service as a member of 

22 the Commission if the individual has experience 

23 in election law and has a demonstrated record 

24 of integrity, impartiality, and good judgment. 


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1 ‘‘(B) ASSISTANCE OF BLUE RIBBON ADVI2 SORY PANEL.— 

3 ‘‘(i) IN GENERAL.—Prior to the regu4 larly scheduled expiration of the term of a 

5 member of the Commission and upon the 

6 occurrence of a vacancy in the membership 

7 of the Commission prior to the expiration 

8 of a term, the President shall convene a 

9 Blue Ribbon Advisory Panel that includes 

10 individuals representing each major polit11 ical party and individuals who are inde12 pendent of a political party and that con13 sists of an odd number of individuals se14 lected by the President from retired Fed15 eral judges, former law enforcement offi16 cials, or individuals with experience in elec17 tion law, except that the President may not 

18 select any individual to serve on the panel 

19 who holds any public office at the time of 

20 selection. The President shall also make 

21 reasonable efforts to encourage racial, eth22 nic, and gender diversity on the panel. 

23 ‘‘(ii) RECOMMENDATIONS.—With re24 spect to each member of the Commission 

25 whose term is expiring or each vacancy in 


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1 the membership of the Commission (as the 

2 case may be), the Blue Ribbon Advisory 

3 Panel shall recommend to the President at 

4 least one but not more than 3 individuals 

5 for nomination for appointment as a mem6 ber of the Commission. 

7 ‘‘(iii) PUBLICATION.—At the time the 

8 President submits to the Senate the nomi9 nations for individuals to be appointed as 

10 members of the Commission, the President 

11 shall publish the Blue Ribbon Advisory 

12 Panel’s recommendations for such nomina13 tions. 

14 ‘‘(iv) EXEMPTION FROM FEDERAL AD15 VISORY COMMITTEE ACT.—The Federal 

16 Advisory Committee Act (5 U.S.C. App.) 

17 does not apply to a Blue Ribbon Advisory 

18 Panel convened under this subparagraph. 

19 ‘‘(C) PROHIBITING ENGAGEMENT WITH

20 OTHER BUSINESS OR EMPLOYMENT DURING

21 SERVICE.—A member of the Commission shall 

22 not engage in any other business, vocation, or 

23 employment. Any individual who is engaging in 

24 any other business, vocation, or employment at 

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1 mission shall terminate or liquidate such activ2 ity no later than 90 days after such appoint3 ment.’’. 

4 SEC. 6003. ASSIGNMENT OF POWERS TO CHAIR OF FED5 ERAL ELECTION COMMISSION. 

6 (a) APPOINTMENT OF CHAIR BY PRESIDENT.— 

7 (1) IN GENERAL.—Section 306(a)(5) of the 

8 Federal Election Campaign Act of 1971 (52 U.S.C. 

9 30106(a)(5)) is amended to read as follows: 

10 ‘‘(5) CHAIR.— 

11 ‘‘(A) INITIAL APPOINTMENT.—Of the 

12 members first appointed to serve terms that 

13 begin in January 2022, one such member (as 

14 designated by the President at the time the 

15 President submits nominations to the Senate) 

16 shall serve as Chair of the Commission. 

17 ‘‘(B) SUBSEQUENT APPOINTMENTS.—Any 

18 individual who is appointed to succeed the 

19 member who serves as Chair of the Commission 

20 for the term beginning in January 2022 (as 

21 well as any individual who is appointed to fill 

22 a vacancy if such member does not serve a full 

23 term as Chair) shall serve as Chair of the Com24 mission. 


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1 ‘‘(C) VICE CHAIR.—The Commission shall 

2 select, by majority vote of its members, one of 

3 its members to serve as Vice Chair, who shall 

4 act as Chair in the absence or disability of the 

5 Chair or in the event of a vacancy in the posi6 tion of Chair.’’. 

7 (2) CONFORMING AMENDMENT.—Section 

8 309(a)(2) of such Act (52 U.S.C. 30109(a)(2)) is 

9 amended by striking ‘‘through its chairman or vice 

10 chairman’’ and inserting ‘‘through the Chair’’. 

11 (b) POWERS.— 

12 (1) ASSIGNMENT OF CERTAIN POWERS TO

13 CHAIR.—Section 307(a) of such Act (52 U.S.C. 

14 30107(a)) is amended to read as follows: 

15 ‘‘(a) DISTRIBUTION OF POWERS BETWEEN CHAIR

16 AND COMMISSION.— 

17 ‘‘(1) POWERS ASSIGNED TO CHAIR.— 

18 ‘‘(A) ADMINISTRATIVE POWERS.—The 

19 Chair of the Commission shall be the chief ad20 ministrative officer of the Commission and shall 

21 have the authority to administer the Commis22 sion and its staff, and (in consultation with the 

23 other members of the Commission) shall have 

24 the power— 


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1 ‘‘(i) to appoint and remove the staff 

2 director of the Commission; 

3 ‘‘(ii) to request the assistance (includ4 ing personnel and facilities) of other agen5 cies and departments of the United States, 

6 whose heads may make such assistance 

7 available to the Commission with or with8 out reimbursement; and 

9 ‘‘(iii) to prepare and establish the 

10 budget of the Commission and to make 

11 budget requests to the President, the Di12 rector of the Office of Management and 

13 Budget, and Congress. 

14 ‘‘(B) OTHER POWERS.—The Chair of the 

15 Commission shall have the power— 

16 ‘‘(i) to appoint and remove the gen17 eral counsel of the Commission with the 

18 concurrence of at least 2 other members of 

19 the Commission; 

20 ‘‘(ii) to require by special or general 

21 orders, any person to submit, under oath, 

22 such written reports and answers to ques23 tions as the Chair may prescribe; 

24 ‘‘(iii) to administer oaths or affirma25 tions; 


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1 ‘‘(iv) to require by subpoena, signed 

2 by the Chair, the attendance and testimony 

3 of witnesses and the production of all doc4 umentary evidence relating to the execu5 tion of its duties; 

6 ‘‘(v) in any proceeding or investiga7 tion, to order testimony to be taken by 

8 deposition before any person who is des9 ignated by the Chair, and shall have the 

10 power to administer oaths and, in such in11 stances, to compel testimony and the pro12 duction of evidence in the same manner as 

13 authorized under clause (iv); and 

14 ‘‘(vi) to pay witnesses the same fees 

15 and mileage as are paid in like cir16 cumstances in the courts of the United 

17 States. 

18 ‘‘(2) POWERS ASSIGNED TO COMMISSION.—The 

19 Commission shall have the power— 

20 ‘‘(A) to initiate (through civil actions for 

21 injunctive, declaratory, or other appropriate re22 lief), defend (in the case of any civil action 

23 brought under section 309(a)(8) of this Act) or 

24 appeal (including a proceeding before the Su25 preme Court on certiorari) any civil action in 


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1 the name of the Commission to enforce the pro2 visions of this Act and chapter 95 and chapter 

3 96 of the Internal Revenue Code of 1986, 

4 through its general counsel; 

5 ‘‘(B) to render advisory opinions under 

6 section 308 of this Act; 

7 ‘‘(C) to develop such prescribed forms and 

8 to make, amend, and repeal such rules, pursu9 ant to the provisions of chapter 5 of title 5, 

10 United States Code, as are necessary to carry 

11 out the provisions of this Act and chapter 95 

12 and chapter 96 of the Internal Revenue Code of 

13 1986; 

14 ‘‘(D) to conduct investigations and hear15 ings expeditiously, to encourage voluntary com16 pliance, and to report apparent violations to the 

17 appropriate law enforcement authorities; and 

18 ‘‘(E) to transmit to the President and Con19 gress not later than June 1 of each year a re20 port which states in detail the activities of the 

21 Commission in carrying out its duties under 

22 this Act, and which includes any recommenda23 tions for any legislative or other action the 

24 Commission considers appropriate. 


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1 ‘‘(3) PERMITTING COMMISSION TO EXERCISE

2 OTHER POWERS OF CHAIR.—With respect to any in3 vestigation, action, or proceeding, the Commission, 

4 by an affirmative vote of a majority of the members 

5 who are serving at the time, may exercise any of the 

6 powers of the Chair described in paragraph (1)(B).’’. 

7 (2) CONFORMING AMENDMENTS RELATING TO

8 PERSONNEL AUTHORITY.—Section 306(f) of such 

9 Act (52 U.S.C. 30106(f)) is amended— 

10 (A) by amending the first sentence of 

11 paragraph (1) to read as follows: ‘‘The Com12 mission shall have a staff director who shall be 

13 appointed by the Chair of the Commission in 

14 consultation with the other members and a gen15 eral counsel who shall be appointed by the 

16 Chair with the concurrence of at least two other 

17 members.’’; 

18 (B) in paragraph (2), by striking ‘‘With 

19 the approval of the Commission’’ and inserting 

20 ‘‘With the approval of the Chair of the Commis21 sion’’; and 

22 (C) by striking paragraph (3). 

23 (3) CONFORMING AMENDMENT RELATING TO

24 BUDGET SUBMISSION.—Section 307(d)(1) of such 

25 Act (52 U.S.C. 30107(d)(1)) is amended by striking 


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1 ‘‘the Commission submits any budget’’ and inserting 

2 ‘‘the Chair (or, pursuant to subsection (a)(3), the 

3 Commission) submits any budget’’. 

4 (4) OTHER CONFORMING AMENDMENTS.—Sec5 tion 306(c) of such Act (52 U.S.C. 30106(c)) is 

6 amended by striking ‘‘All decisions’’ and inserting 

7 ‘‘Subject to section 307(a), all decisions’’. 

8 (5) TECHNICAL AMENDMENT.—The heading of 

9 section 307 of such Act (52 U.S.C. 30107) is 

10 amended by striking ‘‘THE COMMISSION’’ and insert11 ing ‘‘THE CHAIR AND THE COMMISSION’’. 

12 SEC. 6004. REVISION TO ENFORCEMENT PROCESS. 

13 (a) STANDARD FOR INITIATING INVESTIGATIONS AND

14 DETERMINING WHETHER VIOLATIONS HAVE OC15 CURRED.— 

16 (1) REVISION OF STANDARDS.—Section 309(a) 

17 of the Federal Election Campaign Act of 1971 (52 

18 U.S.C. 30109(a)) is amended by striking paragraphs 

19 (2) and (3) and inserting the following: 

20 ‘‘(2)(A) The general counsel, upon receiving a com21 plaint filed with the Commission under paragraph (1) or 

22 upon the basis of information ascertained by the Commis23 sion in the normal course of carrying out its supervisory 

24 responsibilities, shall make a determination as to whether 

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1 mitted, or is about to commit, a violation of this Act or 

2 chapter 95 or chapter 96 of the Internal Revenue Code 

3 of 1986, and as to whether or not the Commission should 

4 either initiate an investigation of the matter or that the 

5 complaint should be dismissed. The general counsel shall 

6 promptly provide notification to the Commission of such 

7 determination and the reasons therefore, together with 

8 any written response submitted under paragraph (1) by 

9 the person alleged to have committed the violation. Upon 

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

11 date the general counsel provides such notification, the 

12 general counsel’s determination shall take effect, unless 

13 during such 30-day period the Commission, by vote of a 

14 majority of the members of the Commission who are serv15 ing at the time, overrules the general counsel’s determina16 tion. If the determination by the general counsel that the 

17 Commission should investigate the matter takes effect, or 

18 if the determination by the general counsel that the com19 plaint should be dismissed is overruled as provided under 

20 the previous sentence, the general counsel shall initiate an 

21 investigation of the matter on behalf of the Commission. 

22 ‘‘(B) If the Commission initiates an investigation 

23 pursuant to subparagraph (A), the Commission, through 

24 the Chair, shall notify the subject of the investigation of 

25 the alleged violation. Such notification shall set forth the 


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1 factual basis for such alleged violation. The Commission 

2 shall make an investigation of such alleged violation, which 

3 may include a field investigation or audit, in accordance 

4 with the provisions of this section. The general counsel 

5 shall provide notification to the Commission of any intent 

6 to issue a subpoena or conduct any other form of discovery 

7 pursuant to the investigation. Upon the expiration of the 

8 15-day period which begins on the date the general counsel 

9 provides such notification, the general counsel may issue 

10 the subpoena or conduct the discovery, unless during such 

11 15-day period the Commission, by vote of a majority of 

12 the members of the Commission who are serving at the 

13 time, prohibits the general counsel from issuing the sub14 poena or conducting the discovery. 

15 ‘‘(3)(A) Upon completion of an investigation under 

16 paragraph (2), the general counsel shall promptly submit 

17 to the Commission the general counsel’s recommendation 

18 that the Commission find either that there is probable 

19 cause or that there is not probable cause to believe that 

20 a person has committed, or is about to commit, a violation 

21 of this Act or chapter 95 or chapter 96 of the Internal 

22 Revenue Code of 1986, and shall include with the rec23 ommendation a brief stating the position of the general 

24 counsel on the legal and factual issues of the case. 


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1 ‘‘(B) At the time the general counsel submits to the 

2 Commission the recommendation under subparagraph (A), 

3 the general counsel shall simultaneously notify the re4 spondent of such recommendation and the reasons there5 fore, shall provide the respondent with an opportunity to 

6 submit a brief within 30 days stating the position of the 

7 respondent on the legal and factual issues of the case and 

8 replying to the brief of the general counsel. The general 

9 counsel shall promptly submit such brief to the Commis10 sion upon receipt. 

11 ‘‘(C) Not later than 30 days after the general counsel 

12 submits the recommendation to the Commission under 

13 subparagraph (A) (or, if the respondent submits a brief 

14 under subparagraph (B), not later than 30 days after the 

15 general counsel submits the respondent’s brief to the Com16 mission under such subparagraph), the Commission shall 

17 approve or disapprove the recommendation by vote of a 

18 majority of the members of the Commission who are serv19 ing at the time.’’. 

20 (2) CONFORMING AMENDMENT RELATING TO

21 INITIAL RESPONSE TO FILING OF COMPLAINT.—Sec22 tion 309(a)(1) of such Act (52 U.S.C. 30109(a)(1)) 

23 is amended— 


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1 (A) in the third sentence, by striking ‘‘the 

2 Commission’’ and inserting ‘‘the general coun3 sel’’; and 

4 (B) by amending the fourth sentence to 

5 read as follows: ‘‘Not later than 15 days after 

6 receiving notice from the general counsel under 

7 the previous sentence, the person may provide 

8 the general counsel with a written response that 

9 no action should be taken against such person 

10 on the basis of the complaint.’’. 

11 (b) REVISION OF STANDARD FOR REVIEW OF DIS12 MISSAL OF COMPLAINTS.— 

13 (1) IN GENERAL.—Section 309(a)(8) of such 

14 Act (52 U.S.C. 30109(a)(8)) is amended to read as 

15 follows: 

16 ‘‘(8)(A)(i) Any party aggrieved by an order of the 

17 Commission dismissing a complaint filed by such party 

18 may file a petition with the United States District Court 

19 for the District of Columbia. Any petition under this sub20 paragraph shall be filed within 60 days after the date on 

21 which the party received notice of the dismissal of the 

22 complaint. 

23 ‘‘(ii) In any proceeding under this subparagraph, the 

24 court shall determine by de novo review whether the agen25 cy’s dismissal of the complaint is contrary to law. In any 


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1 matter in which the penalty for the alleged violation is 

2 greater than $50,000, the court should disregard any 

3 claim or defense by the Commission of prosecutorial dis4 cretion as a basis for dismissing the complaint. 

5 ‘‘(B)(i) Any party who has filed a complaint with the 

6 Commission and who is aggrieved by a failure of the Com7 mission, within one year after the filing of the complaint, 

8 to either dismiss the complaint or to find reason to believe 

9 a violation has occurred or is about to occur, may file a 

10 petition with the United States District Court for the Dis11 trict of Columbia. 

12 ‘‘(ii) In any proceeding under this subparagraph, the 

13 court shall treat the failure to act on the complaint as 

14 a dismissal of the complaint, and shall determine by de 

15 novo review whether the agency’s failure to act on the 

16 complaint is contrary to law. 

17 ‘‘(C) In any proceeding under this paragraph the 

18 court may declare that the dismissal of the complaint or 

19 the failure to act is contrary to law, and may direct the 

20 Commission to conform with such declaration within 30 

21 days, failing which the complainant may bring, in the 

22 name of such complainant, a civil action to remedy the 

23 violation involved in the original complaint.’’. 

24 (2) EFFECTIVE DATE.—The amendments made 

25 by paragraph (1) shall apply— 


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1 (A) in the case of complaints which are 

2 dismissed by the Federal Election Commission, 

3 with respect to complaints which are dismissed 

4 on or after the date of the enactment of this 

5 Act; and 

6 (B) in the case of complaints upon which 

7 the Federal Election Commission failed to act, 

8 with respect to complaints which were filed on 

9 or after the date of the enactment of this Act. 

10 SEC. 6005. PERMITTING APPEARANCE AT HEARINGS ON RE11 QUESTS FOR ADVISORY OPINIONS BY PER12 SONS OPPOSING THE REQUESTS. 

13 (a) IN GENERAL.—Section 308 of such Act (52 

14 U.S.C. 30108) is amended by adding at the end the fol15 lowing new subsection: 

16 ‘‘(e) To the extent that the Commission provides an 

17 opportunity for a person requesting an advisory opinion 

18 under this section (or counsel for such person) to appear 

19 before the Commission to present testimony in support of 

20 the request, and the person (or counsel) accepts such op21 portunity, the Commission shall provide a reasonable op22 portunity for an interested party who submitted written 

23 comments under subsection (d) in response to the request 

24 (or counsel for such interested party) to appear before the 


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1 Commission to present testimony in response to the re2 quest.’’. 

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

4 subsection (a) shall apply with respect to requests for advi5 sory opinions under section 308 of the Federal Election 

6 Campaign Act of 1971 which are made on or after the 

7 date of the enactment of this Act. 

8 SEC. 6006. PERMANENT EXTENSION OF ADMINISTRATIVE 

9 PENALTY AUTHORITY. 

10 (a) EXTENSION OF AUTHORITY.—Section 

11 309(a)(4)(C)(v) of the Federal Election Campaign Act of 

12 1971 (52 U.S.C. 30109(a)(4)(C)(v)) is amended by strik13 ing ‘‘, and that end on or before December 31, 2023’’. 

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

15 subsection (a) shall take effect on December 31, 2021. 

16 SEC. 6007. RESTRICTIONS ON EX PARTE COMMUNICATIONS. 

17 Section 306(e) of the Federal Election Campaign Act 

18 of 1971 (52 U.S.C. 30106(e)) is amended— 

19 (1) by striking ‘‘(e) The Commission’’ and in20 serting ‘‘(e)(1) The Commission’’; and 

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

22 paragraph: 

23 ‘‘(2) Members and employees of the Commission shall 

24 be subject to limitations on ex parte communications, as 

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1 sion regarding such communications which are in effect 

2 on the date of the enactment of this paragraph.’’. 

3 SEC. 6008. CLARIFYING AUTHORITY OF FEC ATTORNEYS TO 

4 REPRESENT FEC IN SUPREME COURT. 

5 (a) CLARIFYING AUTHORITY.—Section 306(f)(4) of 

6 the Federal Election Campaign Act of 1971 (52 U.S.C. 

7 30106(f)(4)) is amended by striking ‘‘any action instituted 

8 under this Act, either (A) by attorneys’’ and inserting 

9 ‘‘any action instituted under this Act, including an action 

10 before the Supreme Court of the United States, either (A) 

11 by the General Counsel of the Commission and other at12 torneys’’. 

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

14 paragraph (1) shall apply with respect to actions insti15 tuted before, on, or after the date of the enactment of 

16 this Act. 

17 SEC. 6009. REQUIRING FORMS TO PERMIT USE OF ACCENT 

18 MARKS. 

19 (a) REQUIREMENT.—Section 311(a)(1) of the Fed20 eral Election Campaign Act of 1971 (52 U.S.C. 

21 30111(a)(1)) is amended by striking the semicolon at the 

22 end and inserting the following: ‘‘, and shall ensure that 

23 all such forms (including forms in an electronic format) 

24 permit the person using the form to include an accent 

25 mark as part of the person’s identification;’’. 


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

2 subsection (a) shall take effect upon the expiration of the 

3 90-day period which begins on the date of the enactment 

4 of this Act. 

5 SEC. 6010. EXTENSION OF STATUTE OF LIMITATIONS FOR 

6 OFFENSES UNDER FEDERAL ELECTION CAM7 PAIGN ACT OF 1971. 

8 (a) CIVIL OFFENSES.—Section 309(a) of the Federal 

9 Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is 

10 amended by inserting after paragraph (9) the following 

11 new paragraph: 

12 ‘‘(10) No person shall be subject to a civil penalty 

13 under this subsection with respect to a violation of this 

14 Act unless a complaint is filed with the Commission with 

15 respect to the violation under paragraph (1), or the Com16 mission responds to information with respect to the viola17 tion which is ascertained in the normal course of carrying 

18 out its supervisory responsibilities under paragraph (2), 

19 not later than 15 years after the date on which the viola20 tion occurred.’’. 

21 (b) CRIMINAL OFFENSES.—Section 406(a) of such 

22 Act (52 U.S.C. 30145(a)) is amended by striking ‘‘5 

23 years’’ and inserting ‘‘10 years’’. 


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

2 this section shall apply with respect to violations occurring 

3 on or after the date of the enactment of this Act. 

4 SEC. 6011. EFFECTIVE DATE; TRANSITION. 

5 (a) IN GENERAL.—Except as otherwise provided, the 

6 amendments made by this subtitle shall apply beginning 

7 January 1, 2022. 

8 (b) TRANSITION.— 

9 (1) TERMINATION OF SERVICE OF CURRENT

10 MEMBERS.—Notwithstanding any provision of the 

11 Federal Election Campaign Act of 1971, the term of 

12 any individual serving as a member of the Federal 

13 Election Commission as of December 31, 2021, shall 

14 expire on that date. 

15 (2) NO EFFECT ON EXISTING CASES OR PRO16 CEEDINGS.—Nothing in this subtitle or in any 

17 amendment made by this subtitle shall affect any of 

18 the powers exercised by the Federal Election Com19 mission prior to December 31, 2021, including any 

20 investigation initiated by the Commission prior to 

21 such date or any proceeding (including any enforce22 ment action) pending as of such date. 


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1 Subtitle B—Stopping Super PAC2 Candidate Coordination 

3 SEC. 6101. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Stop Super PAC5 Candidate Coordination Act’’. 

6 SEC. 6102. CLARIFICATION OF TREATMENT OF COORDI7 NATED EXPENDITURES AS CONTRIBUTIONS 

8 TO CANDIDATES. 

9 (a) TREATMENT AS CONTRIBUTION TO CAN10 DIDATE.—Section 301(8)(A) of the Federal Election Cam11 paign Act of 1971 (52 U.S.C. 30101(8)(A)) is amended— 

12 (1) by striking ‘‘or’’ at the end of clause (i); 

13 (2) by striking the period at the end of clause 

14 (ii) and inserting ‘‘; or’’; and 

15 (3) by adding at the end the following new 

16 clause: 

17 ‘‘(iii) any payment made by any person 

18 (other than a candidate, an authorized com19 mittee of a candidate, or a political committee 

20 of a political party) for a coordinated expendi21 ture (as such term is defined in section 326) 

22 which is not otherwise treated as a contribution 

23 under clause (i) or clause (ii).’’. 

24 (b) DEFINITIONS.—Title III of such Act (52 U.S.C. 

25 30101 et seq.), as amended by section 4421 and section 


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1 4802(a), is amended by adding at the end the following 

2 new section: 

3 ‘‘SEC. 327. PAYMENTS FOR COORDINATED EXPENDITURES. 

4 ‘‘(a) COORDINATED EXPENDITURES.— 

5 ‘‘(1) IN GENERAL.—For purposes of section 

6 301(8)(A)(iii), the term ‘coordinated expenditure’ 

7 means— 

8 ‘‘(A) any expenditure, or any payment for 

9 a covered communication described in sub10 section (d), which is made in cooperation, con11 sultation, or concert with, or at the request or 

12 suggestion of, a candidate, an authorized com13 mittee of a candidate, a political committee of 

14 a political party, or agents of the candidate or 

15 committee, as defined in subsection (b); or 

16 ‘‘(B) any payment for any communication 

17 which republishes, disseminates, or distributes, 

18 in whole or in part, any video or broadcast or 

19 any written, graphic, or other form of campaign 

20 material prepared by the candidate or com21 mittee or by agents of the candidate or com22 mittee (including any excerpt or use of any 

23 video from any such broadcast or written, 

24 graphic, or other form of campaign material). 


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1 ‘‘(2) EXCEPTION FOR PAYMENTS FOR CERTAIN

2 COMMUNICATIONS.—A payment for a communication 

3 (including a covered communication described in 

4 subsection (d)) shall not be treated as a coordinated 

5 expenditure under this subsection if— 

6 ‘‘(A) the communication appears in a news 

7 story, commentary, or editorial distributed 

8 through the facilities of any broadcasting sta9 tion, newspaper, magazine, or other periodical 

10 publication, unless such facilities are owned or 

11 controlled by any political party, political com12 mittee, or candidate; or 

13 ‘‘(B) the communication constitutes a can14 didate debate or forum conducted pursuant to 

15 regulations adopted by the Commission pursu16 ant to section 304(f)(3)(B)(iii), or which solely 

17 promotes such a debate or forum and is made 

18 by or on behalf of the person sponsoring the de19 bate or forum. 

20 ‘‘(b) COORDINATION DESCRIBED.— 

21 ‘‘(1) IN GENERAL.—For purposes of this sec22 tion, a payment is made ‘in cooperation, consulta23 tion, or concert with, or at the request or suggestion 

24 of,’ a candidate, an authorized committee of a can25 didate, a political committee of a political party, or 


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1 agents of the candidate or committee, if the pay2 ment, or any communication for which the payment 

3 is made, is not made entirely independently of the 

4 candidate, committee, or agents. For purposes of the 

5 previous sentence, a payment or communication not 

6 made entirely independently of the candidate or 

7 committee includes any payment or communication 

8 made pursuant to any general or particular under9 standing with, or pursuant to any communication 

10 with, the candidate, committee, or agents about the 

11 payment or communication. 

12 ‘‘(2) NO FINDING OF COORDINATION BASED

13 SOLELY ON SHARING OF INFORMATION REGARDING

14 LEGISLATIVE OR POLICY POSITION.—For purposes 

15 of this section, a payment shall not be considered to 

16 be made by a person in cooperation, consultation, or 

17 concert with, or at the request or suggestion of, a 

18 candidate or committee, solely on the grounds that 

19 the person or the person’s agent engaged in discus20 sions with the candidate or committee, or with any 

21 agent of the candidate or committee, regarding that 

22 person’s position on a legislative or policy matter 

23 (including urging the candidate or committee to 

24 adopt that person’s position), so long as there is no 

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1 didate or committee, or any agent of the candidate 

2 or committee, regarding the candidate’s or commit3 tee’s campaign advertising, message, strategy, pol4 icy, polling, allocation of resources, fundraising, or 

5 other campaign activities. 

6 ‘‘(3) NO EFFECT ON PARTY COORDINATION

7 STANDARD.—Nothing in this section shall be con8 strued to affect the determination of coordination 

9 between a candidate and a political committee of a 

10 political party for purposes of section 315(d). 

11 ‘‘(4) NO SAFE HARBOR FOR USE OF FIRE12 WALL.—A person shall be determined to have made 

13 a payment in cooperation, consultation, or concert 

14 with, or at the request or suggestion of, a candidate 

15 or committee, in accordance with this section with16 out regard to whether or not the person established 

17 and used a firewall or similar procedures to restrict 

18 the sharing of information between individuals who 

19 are employed by or who are serving as agents for the 

20 person making the payment. 

21 ‘‘(c) PAYMENTS BY COORDINATED SPENDERS FOR

22 COVERED COMMUNICATIONS.— 

23 ‘‘(1) PAYMENTS MADE IN COOPERATION, CON24 SULTATION, OR CONCERT WITH CANDIDATES.—For 

25 purposes of subsection (a)(1)(A), if the person who 


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1 makes a payment for a covered communication, as 

2 defined in subsection (d), is a coordinated spender 

3 under paragraph (2) with respect to the candidate 

4 as described in subsection (d)(1), the payment for 

5 the covered communication is made in cooperation, 

6 consultation, or concert with the candidate. 

7 ‘‘(2) COORDINATED SPENDER DEFINED.—For 

8 purposes of this subsection, the term ‘coordinated 

9 spender’ means, with respect to a candidate or an 

10 authorized committee of a candidate, a person (other 

11 than a political committee of a political party) for 

12 which any of the following applies: 

13 ‘‘(A) During the 4-year period ending on 

14 the date on which the person makes the pay15 ment, the person was directly or indirectly 

16 formed or established by or at the request or 

17 suggestion of, or with the encouragement of, 

18 the candidate (including an individual who later 

19 becomes a candidate) or committee or agents of 

20 the candidate or committee, including with the 

21 approval of the candidate or committee or 

22 agents of the candidate or committee. 

23 ‘‘(B) The candidate or committee or any 

24 agent of the candidate or committee solicits 

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1 gages in other fundraising activity on the per2 son’s behalf during the election cycle involved, 

3 including by providing the person with names of 

4 potential donors or other lists to be used by the 

5 person in engaging in fundraising activity, re6 gardless of whether the person pays fair market 

7 value for the names or lists provided. For pur8 poses of this subparagraph, the term ‘election 

9 cycle’ means, with respect to an election for 

10 Federal office, the period beginning on the day 

11 after the date of the most recent general elec12 tion for that office (or, if the general election 

13 resulted in a runoff election, the date of the 

14 runoff election) and ending on the date of the 

15 next general election for that office (or, if the 

16 general election resulted in a runoff election, 

17 the date of the runoff election). 

18 ‘‘(C) The person is established, directed, or 

19 managed by the candidate or committee or by 

20 any person who, during the 4-year period end21 ing on the date on which the person makes the 

22 payment, has been employed or retained as a 

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1 rectly controlled by the candidate or committee, 

2 or has held a formal position with the candidate 

3 or committee (including a position as an em4 ployee of the office of the candidate at any time 

5 the candidate held any Federal, State, or local 

6 public office during the 4-year period). 

7 ‘‘(D) The person has retained the profes8 sional services of any person who, during the 2- 

9 year period ending on the date on which the 

10 person makes the payment, has provided or is 

11 providing professional services relating to the 

12 campaign to the candidate or committee, with13 out regard to whether the person providing the 

14 professional services used a firewall. For pur15 poses of this subparagraph, the term ‘profes16 sional services’ includes any services in support 

17 of the candidate’s or committee’s campaign ac18 tivities, including advertising, message, strat19 egy, policy, polling, allocation of resources, 

20 fundraising, and campaign operations, but does 

21 not include accounting or legal services. 

22 ‘‘(E) The person is established, directed, or 

23 managed by a member of the immediate family 

24 of the candidate, or the person or any officer or 

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1 dental discussions about the candidate’s cam2 paign with a member of the immediate family 

3 of the candidate. For purposes of this subpara4 graph, the term ‘immediate family’ has the 

5 meaning given such term in section 9004(e) of 

6 the Internal Revenue Code of 1986. 

7 ‘‘(d) COVERED COMMUNICATION DEFINED.— 

8 ‘‘(1) IN GENERAL.—For purposes of this sec9 tion, the term ‘covered communication’ means, with 

10 respect to a candidate or an authorized committee of 

11 a candidate, a public communication (as defined in 

12 section 301(22)) which— 

13 ‘‘(A) expressly advocates the election of the 

14 candidate or the defeat of an opponent of the 

15 candidate (or contains the functional equivalent 

16 of express advocacy); 

17 ‘‘(B) promotes or supports the election of 

18 the candidate, or attacks or opposes the election 

19 of an opponent of the candidate (regardless of 

20 whether the communication expressly advocates 

21 the election or defeat of a candidate or contains 

22 the functional equivalent of express advocacy); 

23 or 

24 ‘‘(C) refers to the candidate or an oppo25 nent of the candidate but is not described in 


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1 subparagraph (A) or subparagraph (B), but 

2 only if the communication is disseminated dur3 ing the applicable election period. 

4 ‘‘(2) APPLICABLE ELECTION PERIOD.—In para5 graph (1)(C), the ‘applicable election period’ with re6 spect to a communication means— 

7 ‘‘(A) in the case of a communication which 

8 refers to a candidate in a general, special, or 

9 runoff election, the 120-day period which ends 

10 on the date of the election; or 

11 ‘‘(B) in the case of a communication which 

12 refers to a candidate in a primary or preference 

13 election, or convention or caucus of a political 

14 party that has authority to nominate a can15 didate, the 60-day period which ends on the 

16 date of the election or convention or caucus. 

17 ‘‘(3) SPECIAL RULES FOR COMMUNICATIONS IN18 VOLVING CONGRESSIONAL CANDIDATES.—For pur19 poses of this subsection, a public communication 

20 shall not be considered to be a covered communica21 tion with respect to a candidate for election for an 

22 office other than the office of President or Vice 

23 President unless it is publicly disseminated or dis24 tributed in the jurisdiction of the office the can25 didate is seeking. 


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1 ‘‘(e) PENALTY.— 

2 ‘‘(1) DETERMINATION OF AMOUNT.—Any per3 son who knowingly and willfully commits a violation 

4 of this Act by making a contribution which consists 

5 of a payment for a coordinated expenditure shall be 

6 fined an amount equal to the greater of— 

7 ‘‘(A) in the case of a person who makes a 

8 contribution which consists of a payment for a 

9 coordinated expenditure in an amount exceeding 

10 the applicable contribution limit under this Act, 

11 300 percent of the amount by which the 

12 amount of the payment made by the person ex13 ceeds such applicable contribution limit; or 

14 ‘‘(B) in the case of a person who is prohib15 ited under this Act from making a contribution 

16 in any amount, 300 percent of the amount of 

17 the payment made by the person for the coordi18 nated expenditure. 

19 ‘‘(2) JOINT AND SEVERAL LIABILITY.—Any di20 rector, manager, or officer of a person who is subject 

21 to a penalty under paragraph (1) shall be jointly and 

22 severally liable for any amount of such penalty that 

23 is not paid by the person prior to the expiration of 

24 the 1-year period which begins on the date the Com25 mission imposes the penalty or the 1-year period 


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1 which begins on the date of the final judgment fol2 lowing any judicial review of the Commission’s ac3 tion, whichever is later.’’. 

4 (c) EFFECTIVE DATE.— 

5 (1) REPEAL OF EXISTING REGULATIONS ON CO6 ORDINATION.—Effective upon the expiration of the 

7 90-day period which begins on the date of the enact8 ment of this Act— 

9 (A) the regulations on coordinated commu10 nications adopted by the Federal Election Com11 mission which are in effect on the date of the 

12 enactment of this Act (as set forth in 11 CFR 

13 Part 109, Subpart C, under the heading ‘‘Co14 ordination’’) are repealed; and 

15 (B) the Federal Election Commission shall 

16 promulgate new regulations on coordinated 

17 communications which reflect the amendments 

18 made by this Act. 

19 (2) EFFECTIVE DATE.—The amendments made 

20 by this section shall apply with respect to payments 

21 made on or after the expiration of the 120-day pe22 riod which begins on the date of the enactment of 

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1 tions in accordance with paragraph (1)(B) as of the 

2 expiration of such period. 

3 SEC. 6103. CLARIFICATION OF BAN ON FUNDRAISING FOR 

4 SUPER PACS BY FEDERAL CANDIDATES AND 

5 OFFICEHOLDERS. 

6 (a) IN GENERAL.—Section 323(e)(1) of the Federal 

7 Election Campaign Act of 1971 (52 U.S.C. 30125(e)(1)) 

8 is amended— 

9 (1) by striking ‘‘or’’ at the end of subparagraph 

10 (A); 

11 (2) by striking the period at the end of sub12 paragraph (B) and inserting ‘‘; or’’; and 

13 (3) by adding at the end the following new sub14 paragraph: 

15 ‘‘(C) solicit, receive, direct, or transfer 

16 funds to or on behalf of any political committee 

17 which accepts donations or contributions that 

18 do not comply with the limitations, prohibitions, 

19 and reporting requirements of this Act (or to or 

20 on behalf of any account of a political com21 mittee which is established for the purpose of 

22 accepting such donations or contributions), or 

23 to or on behalf of any political organization 

24 under section 527 of the Internal Revenue Code 

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1 tributions (other than a committee of a State or 

2 local political party or a candidate for election 

3 for State or local office).’’. 

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

5 subsection (a) shall apply with respect to elections occur6 ring after January 1, 2022. 

7 Subtitle C—Disposal of 

8 Contributions or Donations 

9 SEC. 6201. TIMEFRAME FOR AND PRIORITIZATION OF DIS10 POSAL OF CONTRIBUTIONS OR DONATIONS. 

11 Section 313 of the Federal Election Campaign Act 

12 of 1971 (52 U.S.C. 30114), as amended by section 5113 

13 and section 5302, is amended— 

14 (1) by redesignating subsections (c), (d), and 

15 (e) as subsections (d), (e), and (f), respectively; and 

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

18 ‘‘(c) DISPOSAL.— 

19 ‘‘(1) TIMEFRAME.—Contributions or donations 

20 described in subsection (a) may only be used— 

21 ‘‘(A) in the case of an individual who is 

22 not a candidate with respect to an election for 

23 any Federal office for a 6-year period beginning 

24 on the day after the date of the most recent 

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1 didate for any such office, during such 6-year 

2 period; 

3 ‘‘(B) in the case of an individual who be4 comes a registered lobbyist under the Lobbying 

5 Disclosure Act of 1995, before the date on 

6 which such individual becomes such a registered 

7 lobbyist; or 

8 ‘‘(C) in the case of an individual who be9 comes an agent of a foreign principal that 

10 would require registration under section 2 of 

11 the Foreign Agents Registration Act of 1938, 

12 as amended (22 U.S.C. 612), before the date on 

13 which such individual becomes such an agent of 

14 a foreign principal. 

15 ‘‘(2) MEANS OF DISPOSAL; PRIORITIZATION.— 

16 Beginning on the date the 6-year period described in 

17 subparagraph (A) of paragraph (1) ends (or, in the 

18 case of an individual described in subparagraph (B) 

19 of such paragraph, the date on which the individual 

20 becomes a registered lobbyist under the Lobbying 

21 Disclosure Act of 1995, or, in the case of an indi22 vidual described in subparagraph (C) of such para23 graph, the date on which the individual becomes a 

24 registered agent of a foreign principal under the 

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1 ed), contributions or donations that remain available 

2 to an individual described in such paragraph shall be 

3 disposed of, not later than 30 days after such date, 

4 as follows: 

5 ‘‘(A) First, to pay any debts or obligations 

6 owed in connection with the campaign for elec7 tion for Federal office of the individual. 

8 ‘‘(B) Second, to the extent such contribu9 tion or donations remain available after the ap10 plication of subparagraph (A), through any of 

11 the following means of disposal (or a combina12 tion thereof), in any order the individual con13 siders appropriate: 

14 ‘‘(i) Returning such contributions or 

15 donations to the individuals, entities, or 

16 both, who made such contributions or do17 nations. 

18 ‘‘(ii) Making contributions to an orga19 nization described in section 170(c) of the 

20 Internal Revenue Code of 1986. 

21 ‘‘(iii) Making transfers to a national, 

22 State, or local committee of a political 

23 party.’’. 


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1 SEC. 6202. 1-YEAR TRANSITION PERIOD FOR CERTAIN INDI2 VIDUALS. 

3 (a) IN GENERAL.—In the case of an individual de4 scribed in subsection (b), any contributions or donations 

5 remaining available to the individual shall be disposed of— 

6 (1) not later than 1 year after the date of the 

7 enactment of this section; and 

8 (2) in accordance with the prioritization speci9 fied in subparagraphs (A) through (D) of subsection 

10 (c)(2) of section 313 of the Federal Election Cam11 paign Act of 1971 (52 U.S.C. 30114), as amended 

12 by section 6201. 

13 (b) INDIVIDUALS DESCRIBED.—An individual de14 scribed in this subsection is an individual who, as of the 

15 date of the enactment of this section— 

16 (1)(A) is not a candidate with respect to an 

17 election for any Federal office for a period of not 

18 less than 6 years beginning on the day after the date 

19 of the most recent such election in which the indi20 vidual was a candidate for any such office; or 

21 (B) is an individual who becomes a registered 

22 lobbyist under the Lobbying Disclosure Act of 1995; 

23 and 

24 (2) would be in violation of subsection (c) of 

25 section 313 of the Federal Election Campaign Act of 


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1 1971 (52 U.S.C. 30114), as amended by section 

2 6201. 

3 Subtitle D—Recommendations to 

4 Ensure Filing of Reports Before 

5 Date of Election 

6 SEC. 6301. RECOMMENDATIONS TO ENSURE FILING OF RE7 PORTS BEFORE DATE OF ELECTION. 

8 Not later than 180 days after the date of the enact9 ment of this Act, the Federal Election Commission shall 

10 submit a report to Congress providing recommendations, 

11 including recommendations for changes to existing law, on 

12 how to ensure that each political committee under the 

13 Federal Election Campaign Act of 1971, including a com14 mittee which accepts donations or contributions that do 

15 not comply with the limitations, prohibitions, and report16 ing requirements of such Act, will file a report under sec17 tion 304 of such Act prior to the date of the election for 

18 which the committee receives contributions or makes dis19 bursements, without regard to the date on which the com20 mittee first registered under such Act, and shall include 

21 specific recommendations to ensure that such committees 

22 will not delay until after the date of the election the re23 porting of the identification of persons making contribu24 tions that will be used to repay debt incurred by the com25 mittee. 


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1 Subtitle E—Severability 

2 SEC. 6401. SEVERABILITY. 

3 If any provision of this title or amendment made by 

4 this title, or the application of a provision or amendment 

5 to any person or circumstance, is held to be unconstitu6 tional, the remainder of this title and amendments made 

7 by this title, and the application of the provisions and 

8 amendment to any person or circumstance, shall not be 

9 affected by the holding. 

10 DIVISION C—ETHICS 

11 TITLE VII—ETHICAL STANDARDS 

Subtitle A—Supreme Court Ethics 

Sec. 7001. Code of conduct for Federal judges. 

Subtitle B—Foreign Agents Registration 

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

Department of Justice. 

Sec. 7102. Authority to impose civil money penalties. 

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

Sec. 7104. Ensuring online access to registration statements. 

Sec. 7105. Disclaimer requirements for materials posted on online platforms by 

agents of foreign principals on behalf of clients. 

Sec. 7106. Clarification of treatment of individuals who engage with the United 

States in political activities for a foreign principal in any place 

as agents of foreign principals. 

Sec. 7107. Analysis and report on challenges to enforcement of Foreign Agents 

Registration Act of 1938. 

Subtitle C—Lobbying Disclosure Reform 

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

Sec. 7202. Prohibiting receipt of compensation for lobbying activities on behalf 

of foreign countries violating human rights. 

Sec. 7203. Requiring lobbyists to disclose status as lobbyists upon making any 

lobbying contacts. 

Subtitle D—Recusal of Presidential Appointees 

Sec. 7301. Recusal of appointees. 


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Subtitle E—Clearinghouse on Lobbying Information 

Sec. 7401. Establishment of clearinghouse. 

Subtitle F—Severability 

Sec. 7501. Severability. 

1 Subtitle A—Supreme Court Ethics 

2 SEC. 7001. CODE OF CONDUCT FOR FEDERAL JUDGES. 

3 (a) IN GENERAL.—Chapter 57 of title 28, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 964. Code of conduct 

7 ‘‘Not later than one year after the date of the enact8 ment of this section, the Judicial Conference shall issue 

9 a code of conduct, which applies to each justice and judge 

10 of the United States, except that the code of conduct may 

11 include provisions that are applicable only to certain cat12 egories of judges or justices.’’. 

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

14 for chapter 57 of title 28, United States Code, is amended 

15 by adding after the item related to section 963 the fol16 lowing: 

‘‘964. Code of conduct.’’. 


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1 Subtitle B—Foreign Agents 

2 Registration 

3 SEC. 7101. ESTABLISHMENT OF FARA INVESTIGATION AND 

4 ENFORCEMENT UNIT WITHIN DEPARTMENT 

5 OF JUSTICE. 

6 Section 8 of the Foreign Agents Registration Act of 

7 1938, as amended (22 U.S.C. 618) is amended by adding 

8 at the end the following new subsection: 

9 ‘‘(i) DEDICATED ENFORCEMENT UNIT.— 

10 ‘‘(1) ESTABLISHMENT.—Not later than 180 

11 days after the date of enactment of this subsection, 

12 the Attorney General shall establish a unit within 

13 the counterespionage section of the National Secu14 rity Division of the Department of Justice with re15 sponsibility for the enforcement of this Act. 

16 ‘‘(2) POWERS.—The unit established under this 

17 subsection is authorized to— 

18 ‘‘(A) take appropriate legal action against 

19 individuals suspected of violating this Act; and 

20 ‘‘(B) coordinate any such legal action with 

21 the United States Attorney for the relevant ju22 risdiction. 

23 ‘‘(3) CONSULTATION.—In operating the unit es24 tablished under this subsection, the Attorney Gen25 eral shall, as appropriate, consult with the Director 


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1 of National Intelligence, the Secretary of Homeland 

2 Security, and the Secretary of State. 

3 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

4 There are authorized to be appropriated to carry out 

5 the activities of the unit established under this sub6 section $10,000,000 for fiscal year 2021 and each 

7 succeeding fiscal year.’’. 

8 SEC. 7102. AUTHORITY TO IMPOSE CIVIL MONEY PEN9 ALTIES. 

10 (a) ESTABLISHING AUTHORITY.—Section 8 of the 

11 Foreign Agents Registration Act of 1938, as amended (22 

12 U.S.C. 618) is amended by inserting after subsection (c) 

13 the following new subsection: 

14 ‘‘(d) CIVIL MONEY PENALTIES.— 

15 ‘‘(1) REGISTRATION STATEMENTS.—Whoever 

16 fails to file timely or complete a registration state17 ment as provided under section 2(a) shall be subject 

18 to a civil money penalty of not more than $10,000 

19 per violation. 

20 ‘‘(2) SUPPLEMENTS.—Whoever fails to file 

21 timely or complete supplements as provided under 

22 section 2(b) shall be subject to a civil money penalty 

23 of not more than $1,000 per violation. 

24 ‘‘(3) OTHER VIOLATIONS.—Whoever knowingly 

25 fails to— 


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1 ‘‘(A) remedy a defective filing within 60 

2 days after notice of such defect by the Attorney 

3 General; or 

4 ‘‘(B) comply with any other provision of 

5 this Act, 

6 shall upon proof of such knowing violation by a pre7 ponderance of the evidence, be subject to a civil 

8 money penalty of not more than $200,000, depend9 ing on the extent and gravity of the violation. 

10 ‘‘(4) NO FINES PAID BY FOREIGN PRIN11 CIPALS.—A civil money penalty paid under para12 graph (1) may not be paid, directly or indirectly, by 

13 a foreign principal. 

14 ‘‘(5) USE OF FINES.—All civil money penalties 

15 collected under this subsection shall be used to de16 fray the cost of the enforcement unit established 

17 under subsection (i).’’. 

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

19 subsection (a) shall take effect on the date of the enact20 ment of this Act. 

21 SEC. 7103. DISCLOSURE OF TRANSACTIONS INVOLVING 

22 THINGS OF FINANCIAL VALUE CONFERRED 

23 ON OFFICEHOLDERS. 

24 (a) REQUIRING AGENTS TO DISCLOSE KNOWN

25 TRANSACTIONS.— 


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1 (1) IN GENERAL.—Section 2(a) of the Foreign 

2 Agents Registration Act of 1938, as amended (22 

3 U.S.C. 612(a)) is amended— 

4 (A) by redesignating paragraphs (10) and 

5 (11) as paragraphs (11) and (12); and 

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

7 following new paragraph: 

8 ‘‘(10) To the extent that the registrant has 

9 knowledge of any transaction which occurred in the 

10 preceding 60 days and in which the foreign principal 

11 for whom the registrant is acting as an agent con12 ferred on a Federal or State officeholder any thing 

13 of financial value, including a gift, profit, salary, fa14 vorable regulatory treatment, or any other direct or 

15 indirect economic or financial benefit, a detailed 

16 statement describing each such transaction.’’. 

17 (2) EFFECTIVE DATE.—The amendments made 

18 by paragraph (1) shall apply with respect to state19 ments filed on or after the expiration of the 90-day 

20 period which begins on the date of the enactment of 

21 this Act. 

22 (b) SUPPLEMENTAL DISCLOSURE FOR CURRENT

23 REGISTRANTS.—Not later than the expiration of the 90- 

24 day period which begins on the date of the enactment of 

25 this Act, each registrant who (prior to the expiration of 


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1 such period) filed a registration statement with the Attor2 ney General under section 2(a) of the Foreign Agents Reg3 istration Act of 1938, as amended (22 U.S.C. 612(a)) and 

4 who has knowledge of any transaction described in para5 graph (10) of section 2(a) of such Act (as added by sub6 section (a)(1)) which occurred at any time during which 

7 the registrant was an agent of the foreign principal in8 volved, shall file with the Attorney General a supplement 

9 to such statement under oath, on a form prescribed by 

10 the Attorney General, containing a detailed statement de11 scribing each such transaction. 

12 SEC. 7104. ENSURING ONLINE ACCESS TO REGISTRATION 

13 STATEMENTS. 

14 (a) REQUIRING STATEMENTS FILED BY REG15 ISTRANTS TO BE IN DIGITIZED FORMAT.—Section 2(g) 

16 of the Foreign Agents Registration Act of 1938, as 

17 amended (22 U.S.C. 612(g)) is amended by striking ‘‘in 

18 electronic form’’ and inserting ‘‘in a digitized format 

19 which will enable the Attorney General to meet the re20 quirements of section 6(d)(1) (relating to public access to 

21 an electronic database of statements and updates)’’. 

22 (b) REQUIREMENTS FOR ELECTRONIC DATABASE OF

23 REGISTRATION STATEMENTS AND UPDATES.—Section 

24 6(d)(1) of such Act (22 U.S.C. 616(d)(1)) is amended— 


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1 (1) in the matter preceding subparagraph (A), 

2 by striking ‘‘to the extent technically practicable,’’; 

3 and 

4 (2) in subparagraph (A), by striking ‘‘includes 

5 the information’’ and inserting ‘‘includes in a 

6 digitized format the information’’. 

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

8 this section shall apply with respect to statements filed 

9 on or after the expiration of the 180-day period which be10 gins on the date of the enactment of this Act. 

11 SEC. 7105. DISCLAIMER REQUIREMENTS FOR MATERIALS 

12 POSTED ON ONLINE PLATFORMS BY AGENTS 

13 OF FOREIGN PRINCIPALS ON BEHALF OF CLI14 ENTS. 

15 (a) METHOD AND FORM OF DISCLAIMER; PRESERVA16 TION OF DISCLAIMERS BY CERTAIN SOCIAL MEDIA PLAT17 FORMS.— 

18 (1) REQUIREMENTS DESCRIBED.—Section 4(b) 

19 of the Foreign Agents Registration Act of 1938, as 

20 amended (22 U.S.C. 614(b)) is amended— 

21 (A) by striking ‘‘(b) It shall be unlawful’’ 

22 and inserting ‘‘(b)(1) It shall be unlawful’’; and 

23 (B) by adding at the end the following new 

24 paragraph: 


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1 ‘‘(2) In the case of informational materials for or in 

2 the interests of a foreign principal which are transmitted 

3 or caused to be transmitted by an agent of a foreign prin4 cipal by posting on an online platform, the agent shall en5 sure that the conspicuous statement required to be placed 

6 in such materials under this subsection is placed directly 

7 with the material posted on the platform and is not acces8 sible only through a hyperlink or other reference to an9 other source. 

10 ‘‘(3) If the Attorney General determines that the ap11 plication of paragraph (2) to materials posted on an online 

12 platform is not feasible because the length of the con13 spicuous statement required to be placed in materials 

14 under this subsection makes the inclusion of the entire 

15 statement incompatible with the posting of the materials 

16 on that platform, an agent may meet the requirements of 

17 paragraph (2) by ensuring that an abbreviated version of 

18 the statement, stating that the materials are distributed 

19 by a foreign agent on behalf of a clearly identified foreign 

20 principal, is placed directly with the material posted on 

21 the platform. 

22 ‘‘(4) An online platform on which informational mate23 rials described in paragraph (2) are posted shall ensure 

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1 scribed in paragraph (3)) is maintained with such mate2 rials at all times, including after the material is shared 

3 in a social media post on the platform, but only if the 

4 platform has 50,000,000 or more unique monthly United 

5 States visitors or users for a majority of months during 

6 the 12 months preceding the dissemination of the mate7 rials.’’. 

8 (2) EFFECTIVE DATE.—The amendments made 

9 by paragraph (1) shall apply with respect to mate10 rials disseminated on or after the expiration of the 

11 60-day period which begins on the date of the enact12 ment of this Act, without regard to whether or not 

13 the Attorney General has promulgated regulations to 

14 carry out such amendments prior to the expiration 

15 of such period. 

16 (b) APPLICATION OF REQUIREMENTS TO PERSONS

17 OUTSIDE THE UNITED STATES.— 

18 (1) IN GENERAL.—Section 4(b)(1) of such Act 

19 (22 U.S.C. 614(b)(1)), as amended by subsection 

20 (a), is amended by striking ‘‘any person within the 

21 United States’’ and inserting ‘‘any person’’. 

22 (2) EFFECTIVE DATE.—The amendment made 

23 by paragraph (1) shall apply with respect to mate24 rials disseminated on or after the expiration of the 

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1 ment of this Act, without regard to whether or not 

2 the Attorney General has promulgated regulations to 

3 carry out such amendments prior to the expiration 

4 of such period. 

5 (c) REQUIREMENTS FOR ONLINE PLATFORMS DIS6 SEMINATING INFORMATIONAL MATERIALS TRANSMITTED

7 BY AGENTS OF FOREIGN PRINCIPALS.— 

8 (1) IN GENERAL.—Section 4 of such Act (22 

9 U.S.C. 614) is amended by adding at the end the 

10 following new subsection: 

11 ‘‘(g) If the Attorney General determines that an 

12 agent of a foreign principal transmitted or caused to be 

13 transmitted informational materials on an online platform 

14 for or in the interests of the foreign principal and did not 

15 meet the requirements of subsection (b)(2) (relating to the 

16 conspicuous statement required to be placed in such mate17 rials)— 

18 ‘‘(1) the Attorney General shall notify the on19 line platform; and 

20 ‘‘(2) the online platform shall remove such ma21 terials and use reasonable efforts to inform recipi22 ents of such materials that the materials were dis23 seminated by a foreign agent on behalf of a foreign 

24 principal.’’. 


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1 (2) EFFECTIVE DATE.—The amendment made 

2 by paragraph (1) shall apply with respect to mate3 rials disseminated on or after the expiration of the 

4 60-day period which begins on the date of the enact5 ment of this Act. 

6 (d) DEFINITION.—Section 1 of such Act (22 U.S.C. 

7 611) is amended by inserting after subsection (i) the fol8 lowing new subsection: 

9 ‘‘(j) The term ‘online platform’ means any public-fac10 ing website, web application, or digital application (includ11 ing a social network, ad network, or search engine).’’. 

12 SEC. 7106. CLARIFICATION OF TREATMENT OF INDIVID13 UALS WHO ENGAGE WITH THE UNITED 

14 STATES IN POLITICAL ACTIVITIES FOR A 

15 FOREIGN PRINCIPAL IN ANY PLACE AS 

16 AGENTS OF FOREIGN PRINCIPALS. 

17 Section 1(c)(1)(i) of the Foreign Agents Registration 

18 Act of 1938, as amended (22 U.S.C. 611(c)(1)(i)) is 

19 amended by inserting after ‘‘United States’’ the following: 

20 ‘‘(whether within or outside of the United States)’’. 

21 SEC. 7107. ANALYSIS AND REPORT ON CHALLENGES TO EN22 FORCEMENT OF FOREIGN AGENTS REG23 ISTRATION ACT OF 1938. 

24 (a) ANALYSIS.—The Attorney General shall conduct 

25 an analysis of the legal, policy, and procedural challenges 


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1 to the effective enforcement of the Foreign Agents Reg2 istration Act of 1938, as amended (22 U.S.C. 611 et seq.). 

3 (b) REPORT.—Not later than 180 days after the date 

4 of the enactment of this Act, the Attorney General shall 

5 submit to Congress a report on the analysis conducted 

6 under subsection (a), and shall include in the report such 

7 recommendations, including recommendations for revi8 sions to the Foreign Agents Registration Act of 1938, as 

9 the Attorney General considers appropriate to promote the 

10 effective enforcement of such Act. 

11 Subtitle C—Lobbying Disclosure 

12 Reform 

13 SEC. 7201. EXPANDING SCOPE OF INDIVIDUALS AND AC14 TIVITIES SUBJECT TO REQUIREMENTS OF 

15 LOBBYING DISCLOSURE ACT OF 1995. 

16 (a) COVERAGE OF INDIVIDUALS PROVIDING COUN17 SELING SERVICES.— 

18 (1) TREATMENT OF COUNSELING SERVICES IN

19 SUPPORT OF LOBBYING CONTACTS AS LOBBYING AC20 TIVITY.—Section 3(7) of the Lobbying Disclosure 

21 Act of 1995 (2 U.S.C. 1602(7)) is amended— 

22 (A) by striking ‘‘efforts’’ and inserting 

23 ‘‘any efforts’’; and 

24 (B) by striking ‘‘research and other back25 ground work’’ and inserting the following: 


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1 ‘‘counseling in support of such preparation and 

2 planning activities, research, and other back3 ground work’’. 

4 (2) TREATMENT OF LOBBYING CONTACT MADE

5 WITH SUPPORT OF COUNSELING SERVICES AS LOB6 BYING CONTACT MADE BY INDIVIDUAL PROVIDING

7 SERVICES.—Section 3(8) of such Act (2 U.S.C. 

8 1602(8)) is amended by adding at the end the fol9 lowing new subparagraph: 

10 ‘‘(C) TREATMENT OF PROVIDERS OF

11 COUNSELING SERVICES.—Any individual, with 

12 authority to direct or substantially influence a 

13 lobbying contact or contacts made by another 

14 individual, and for financial or other compensa15 tion provides counseling services in support of 

16 preparation and planning activities which are 

17 treated as lobbying activities under paragraph 

18 (7) for that other individual’s lobbying contact 

19 or contacts and who has knowledge that the 

20 specific lobbying contact or contacts were made, 

21 shall be considered to have made the same lob22 bying contact at the same time and in the same 

23 manner to the covered executive branch official 

24 or covered legislative branch official involved.’’. 


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1 (b) REDUCTION OF PERCENTAGE EXEMPTION FOR

2 DETERMINATION OF THRESHOLD OF LOBBYING CON3 TACTS REQUIRED FOR INDIVIDUALS TO REGISTER AS

4 LOBBYISTS.—Section 3(10) of such Act (2 U.S.C. 

5 1602(10)) is amended by striking ‘‘less than 20 percent’’ 

6 and inserting ‘‘less than 10 percent’’. 

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

8 this section shall apply with respect to lobbying contacts 

9 made on or after the date of the enactment of this Act. 

10 SEC. 7202. PROHIBITING RECEIPT OF COMPENSATION FOR 

11 LOBBYING ACTIVITIES ON BEHALF OF FOR12 EIGN COUNTRIES VIOLATING HUMAN 

13 RIGHTS. 

14 (a) PROHIBITION.—The Lobbying Disclosure Act of 

15 1995 (2 U.S.C. 1601 et seq.) is amended by inserting 

16 after section 5 the following new section: 

17 ‘‘SEC. 5A. PROHIBITING RECEIPT OF COMPENSATION FOR 

18 LOBBYING ACTIVITIES ON BEHALF OF FOR19 EIGN COUNTRIES VIOLATING HUMAN 

20 RIGHTS. 

21 ‘‘(a) PROHIBITION.—Notwithstanding any other pro22 vision of this Act, no person may accept financial or other 

23 compensation for lobbying activity under this Act on be24 half of a client who is a government which the President 


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1 has determined is a government that engages in gross vio2 lations of human rights. 

3 ‘‘(b) CLARIFICATION OF TREATMENT OF DIPLO4 MATIC OR CONSULAR OFFICERS.—Nothing in this section 

5 may be construed to affect any activity of a duly accred6 ited diplomatic or consular officer of a foreign government 

7 who is so recognized by the Department of State, while 

8 said officer is engaged in activities which are recognized 

9 by the Department of State as being within the scope of 

10 the functions of such officer.’’. 

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

12 this section shall apply with respect to lobbying activity 

13 under the Lobbying Disclosure Act of 1995 which occurs 

14 pursuant to contracts entered into on or after the date 

15 of the enactment of this Act. 

16 SEC. 7203. REQUIRING LOBBYISTS TO DISCLOSE STATUS AS 

17 LOBBYISTS UPON MAKING ANY LOBBYING 

18 CONTACTS. 

19 (a) MANDATORY DISCLOSURE AT TIME OF CON20 TACT.—Section 14 of the Lobbying Disclosure Act of 1995 

21 (2 U.S.C. 1609) is amended— 

22 (1) by striking subsections (a) and (b) and in23 serting the following: 

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1 bying contact with a covered legislative branch official or 

2 a covered executive branch official shall, at the time of 

3 the lobbying contact— 

4 ‘‘(1) indicate whether the person or entity is 

5 registered under this chapter and identify the client 

6 on whose behalf the lobbying contact is made; and 

7 ‘‘(2) indicate whether such client is a foreign 

8 entity and identify any foreign entity required to be 

9 disclosed under section 4(b)(4) that has a direct in10 terest in the outcome of the lobbying activity.’’; and 

11 (2) by redesignating subsection (c) as sub12 section (b). 

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

14 subsection (a) shall apply with respect to lobbying contacts 

15 made on or after the date of the enactment of this Act. 

16 Subtitle D—Recusal of Presidential 

17 Appointees 

18 SEC. 7301. RECUSAL OF APPOINTEES. 

19 Section 208 of title 18, United States Code, is 

20 amended by adding at the end the following: 

21 ‘‘(e)(1) Any officer or employee appointed by the 

22 President shall recuse himself or herself from any par23 ticular matter involving specific parties in which a party 

24 to that matter is— 


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1 ‘‘(A) the President who appointed the offi2 cer or employee, which shall include any entity 

3 in which the President has a substantial inter4 est; or 

5 ‘‘(B) the spouse of the President who ap6 pointed the officer or employee, which shall in7 clude any entity in which the spouse of the 

8 President has a substantial interest. 

9 ‘‘(2)(A) Subject to subparagraph (B), if an officer or 

10 employee is recused under paragraph (1), a career ap11 pointee in the agency of the officer or employee shall per12 form the functions and duties of the officer or employee 

13 with respect to the matter. 

14 ‘‘(B)(i) In this subparagraph, the term ‘Commission’ 

15 means a board, commission, or other agency for which the 

16 authority of the agency is vested in more than 1 member. 

17 ‘‘(ii) If the recusal of a member of a Commission 

18 from a matter under paragraph (1) would result in there 

19 not being a statutorily required quorum of members of the 

20 Commission available to participate in the matter, not21 withstanding such statute or any other provision of law, 

22 the members of the Commission not recused under para23 graph (1) may— 

24 ‘‘(I) consider the matter without regard to the 

25 quorum requirement under such statute; 


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1 ‘‘(II) delegate the authorities and responsibil2 ities of the Commission with respect to the matter 

3 to a subcommittee of the Commission; or 

4 ‘‘(III) designate an officer or employee of the 

5 Commission who was not appointed by the President 

6 who appointed the member of the Commission 

7 recused from the matter to exercise the authorities 

8 and duties of the recused member with respect to 

9 the matter. 

10 ‘‘(3) Any officer or employee who violates paragraph 

11 (1) shall be subject to the penalties set forth in section 

12 216. 

13 ‘‘(4) For purposes of this section, the term ‘particular 

14 matter’ shall have the meaning given the term in section 

15 207(i).’’. 

16 Subtitle E—Clearinghouse on 

17 Lobbying Information 

18 SEC. 7401. ESTABLISHMENT OF CLEARINGHOUSE. 

19 (a) ESTABLISHMENT.—The Attorney General shall 

20 establish and operate within the Department of Justice 

21 a clearinghouse through which members of the public may 

22 obtain copies (including in electronic form) of registration 

23 statements filed under the Lobbying Disclosure Act of 

24 1995 (2 U.S.C. 1601 et seq.) and the Foreign Agents Reg25 istration Act of 1938, as amended (22 U.S.C. 611 et seq.). 


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1 (b) FORMAT.—The Attorney General shall ensure 

2 that the information in the clearinghouse established 

3 under this Act is maintained in a searchable and sortable 

4 format. 

5 (c) AGREEMENTS WITH CLERK OF HOUSE AND SEC6 RETARY OF THE SENATE.—The Attorney General shall 

7 enter into such agreements with the Clerk of the House 

8 of Representatives and the Secretary of the Senate as may 

9 be necessary for the Attorney General to obtain registra10 tion statements filed with the Clerk and the Secretary 

11 under the Lobbying Disclosure Act of 1995 for inclusion 

12 in the clearinghouse. 

13 Subtitle F—Severability 

14 SEC. 7501. SEVERABILITY. 

15 If any provision of this title or amendment made by 

16 this title, or the application of a provision or amendment 

17 to any person or circumstance, is held to be unconstitu18 tional, the remainder of this title and amendments made 

19 by this title, and the application of the provisions and 

20 amendment to any person or circumstance, shall not be 

21 affected by the holding. 


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1 TITLE VIII—ETHICS REFORMS 

2 FOR THE PRESIDENT, VICE 

3 PRESIDENT, AND FEDERAL 

4 OFFICERS AND EMPLOYEES 

Subtitle A—Executive Branch Conflict of Interest 

Sec. 8001. Short title. 

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

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

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

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

sector. 

Sec. 8006. Guidance on unpaid employees. 

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

owned by certain Government officers and employees. 

Subtitle B—Presidential Conflicts of Interest 

Sec. 8011. Short title. 

Sec. 8012. Divestiture of personal financial interests of the President and Vice 

President that pose a potential conflict of interest. 

Sec. 8013. Initial financial disclosure. 

Sec. 8014. Contracts by the President or Vice President. 

Sec. 8015. Legal defense funds. 

Subtitle C—White House Ethics Transparency 

Sec. 8021. Short title. 

Sec. 8022. Procedure for waivers and authorizations relating to ethics requirements. 

Subtitle D—Executive Branch Ethics Enforcement 

Sec. 8031. Short title. 

Sec. 8032. Reauthorization of the Office of Government Ethics. 

Sec. 8033. Tenure of the Director of the Office of Government Ethics. 

Sec. 8034. Duties of Director of the Office of Government Ethics. 

Sec. 8035. Agency ethics officials training and duties. 

Sec. 8036. Prohibition on use of funds for certain Federal employee travel in 

contravention of certain regulations. 

Sec. 8037. Reports on cost of Presidential travel. 

Sec. 8038. Reports on cost of senior Federal official travel. 

Subtitle E—Conflicts From Political Fundraising 

Sec. 8041. Short title. 

Sec. 8042. Disclosure of certain types of contributions. 

Subtitle F—Transition Team Ethics 

Sec. 8051. Short title. 


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Sec. 8052. Presidential transition ethics programs. 

Subtitle G—Ethics Pledge For Senior Executive Branch Employees 

Sec. 8061. Short title. 

Sec. 8062. Ethics pledge requirement for senior executive branch employees. 

Subtitle H—Travel on Private Aircraft by Senior Political Appointees 

Sec. 8071. Short title. 

Sec. 8072. Prohibition on use of funds for travel on private aircraft. 

Subtitle I—Severability 

Sec. 8081. Severability. 

1 Subtitle A—Executive Branch 

2 Conflict of Interest 

3 SEC. 8001. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Executive Branch 

5 Conflict of Interest Act’’. 

6 SEC. 8002. RESTRICTIONS ON PRIVATE SECTOR PAYMENT 

7 FOR GOVERNMENT SERVICE. 

8 Section 209 of title 18, United States Code, is 

9 amended— 

10 (1) in subsection (a); 

11 (A) by striking ‘‘any salary’’ and inserting 

12 ‘‘any salary (including a bonus)’’; and 

13 (B) by striking ‘‘as compensation for his 

14 services’’ and inserting ‘‘at any time, as com15 pensation for serving’’; and 

16 (2) in subsection (b)— 

17 (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

18 (B) by adding at the end the following: 


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1 ‘‘(2) For purposes of paragraph (1), a pension, 

2 retirement, group life, health or accident insurance, 

3 profit-sharing, stock bonus, or other employee wel4 fare or benefit plan that makes payment of any por5 tion of compensation contingent on accepting a posi6 tion in the United States Government shall not be 

7 considered bona fide.’’. 

8 SEC. 8003. REQUIREMENTS RELATING TO SLOWING THE RE9 VOLVING DOOR. 

10 (a) IN GENERAL.—The Ethics in Government Act of 

11 1978 (5 U.S.C. App.) is amended by adding at the end 

12 the following: 

13 ‘‘TITLE VI—ENHANCED RE14 QUIREMENTS FOR CERTAIN 

15 EMPLOYEES 

16 ‘‘§ 601. Definitions 

17 ‘‘In this title: 

18 ‘‘(1) COVERED AGENCY.—The term ‘covered 

19 agency’— 

20 ‘‘(A) means an Executive agency, as de21 fined in section 105 of title 5, United States 

22 Code, the Postal Service and the Postal Rate 

23 Commission, but does not include the Govern24 ment Accountability Office or the Government 

25 of the District of Columbia; and 


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1 ‘‘(B) shall include the Executive Office of 

2 the President. 

3 ‘‘(2) COVERED EMPLOYEE.—The term ‘covered 

4 employee’ means an officer or employee referred to 

5 in paragraph (2) of section 207(c) or paragraph (1) 

6 of section 207(d) of title 18, United States Code. 

7 ‘‘(3) DIRECTOR.—The term ‘Director’ means 

8 the Director of the Office of Government Ethics. 

9 ‘‘(4) EXECUTIVE BRANCH.—The term ‘execu10 tive branch’ has the meaning given that term in sec11 tion 109. 

12 ‘‘(5) FORMER CLIENT.—The term ‘former cli13 ent’— 

14 ‘‘(A) means a person for whom a covered 

15 employee served personally as an agent, attor16 ney, or consultant during the 2-year period end17 ing on the date before the date on which the 

18 covered employee begins service in the Federal 

19 Government; and 

20 ‘‘(B) does not include any agency or in21 strumentality of the Federal Government. 

22 ‘‘(6) FORMER EMPLOYER.—The term ‘former 

23 employer’— 

24 ‘‘(A) means a person for whom a covered 

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1 tor, trustee, agent, attorney, consultant, or con2 tractor during the 2-year period ending on the 

3 date before the date on which the covered em4 ployee begins service in the Federal Govern5 ment; and 

6 ‘‘(B) does not include— 

7 ‘‘(i) an entity in the Federal Govern8 ment, including an executive branch agen9 cy; 

10 ‘‘(ii) a State or local government; 

11 ‘‘(iii) the District of Columbia; 

12 ‘‘(iv) an Indian tribe, as defined in 

13 section 4 of the Indian Self-Determination 

14 and Education Assistance Act (25 U.S.C. 

15 5304); or 

16 ‘‘(v) the government of a territory or 

17 possession of the United States. 

18 ‘‘(7) PARTICULAR MATTER.—The term ‘par19 ticular matter’ has the meaning given that term in 

20 section 207(i) of title 18, United States Code. 

21 ‘‘§ 602. Conflict of interest and eligibility standards 

22 ‘‘(a) IN GENERAL.—A covered employee may not 

23 participate personally and substantially in a particular 

24 matter in which the covered employee knows or reasonably 


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1 should have known that a former employer or former cli2 ent of the covered employee has a financial interest. 

3 ‘‘(b) WAIVER.— 

4 ‘‘(1) IN GENERAL.— 

5 ‘‘(A) AGENCY HEADS.—With respect to the 

6 head of a covered agency who is a covered em7 ployee, the Designated Agency Ethics Official 

8 for the Executive Office of the President, in 

9 consultation with the Director, may grant a 

10 written waiver of the restrictions under sub11 section (a) before the head engages in the ac12 tion otherwise prohibited by such subsection if 

13 the Designated Agency Ethics Official for the 

14 Executive Office of the President determines 

15 and certifies in writing that, in light of all the 

16 relevant circumstances, the interest of the Fed17 eral Government in the head’s participation 

18 outweighs the concern that a reasonable person 

19 may question the integrity of the agency’s pro20 grams or operations. 

21 ‘‘(B) OTHER COVERED EMPLOYEES.—With 

22 respect to any covered employee not covered by 

23 subparagraph (A), the head of the covered 

24 agency employing the covered employee, in con25 sultation with the Director, may grant a written 


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1 waiver of the restrictions under subsection (a) 

2 before the covered employee engages in the ac3 tion otherwise prohibited by such subsection if 

4 the head of the covered agency determines and 

5 certifies in writing that, in light of all the rel6 evant circumstances, the interest of the Federal 

7 Government in the covered employee’s partici8 pation outweighs the concern that a reasonable 

9 person may question the integrity of the agen10 cy’s programs or operations. 

11 ‘‘(2) PUBLICATION.—For any waiver granted 

12 under paragraph (1), the individual who granted the 

13 waiver shall— 

14 ‘‘(A) provide a copy of the waiver to the 

15 Director not more than 48 hours after the waiv16 er is granted; and 

17 ‘‘(B) publish the waiver on the website of 

18 the applicable agency not more than 30 cal19 endar days after granting such waiver. 

20 ‘‘(3) REVIEW.—Upon receiving a written waiver 

21 under paragraph (1)(A), the Director shall— 

22 ‘‘(A) review the waiver to determine wheth23 er the Director has any objection to the 

24 issuance of the waiver; and 

25 ‘‘(B) if the Director so objects— 


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1 ‘‘(i) provide reasons for the objection 

2 in writing to the head of the agency who 

3 granted the waiver not more than 15 cal4 endar days after the waiver was granted; 

5 and 

6 ‘‘(ii) publish the written objection on 

7 the website of the Office of Government 

8 Ethics not more than 30 calendar days 

9 after the waiver was granted. 

10 ‘‘§ 603. Penalties and injunctions 

11 ‘‘(a) CRIMINAL PENALTIES.— 

12 ‘‘(1) IN GENERAL.—Any person who violates 

13 section 602 shall be fined under title 18, United 

14 States Code, imprisoned for not more than 1 year, 

15 or both. 

16 ‘‘(2) WILLFUL VIOLATIONS.—Any person who 

17 willfully violates section 602 shall be fined under 

18 title 18, United States Code, imprisoned for not 

19 more than 5 years, or both. 

20 ‘‘(b) CIVIL ENFORCEMENT.— 

21 ‘‘(1) IN GENERAL.—The Attorney General may 

22 bring a civil action in an appropriate district court 

23 of the United States against any person who vio24 lates, or whom the Attorney General has reason to 


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1 believe is engaging in conduct that violates, section 

2 602. 

3 ‘‘(2) CIVIL PENALTY.— 

4 ‘‘(A) IN GENERAL.—If the court finds by 

5 a preponderance of the evidence that a person 

6 violated section 602, the court shall impose a 

7 civil penalty of not more than the greater of— 

8 ‘‘(i) $100,000 for each violation; or 

9 ‘‘(ii) the amount of compensation the 

10 person received or was offered for the con11 duct constituting the violation. 

12 ‘‘(B) RULE OF CONSTRUCTION.—A civil 

13 penalty under this subsection may be in addi14 tion to any other criminal or civil statutory, 

15 common law, or administrative remedy available 

16 to the United States or any other person. 

17 ‘‘(3) INJUNCTIVE RELIEF.— 

18 ‘‘(A) IN GENERAL.—In a civil action 

19 brought under paragraph (1) against a person, 

20 the Attorney General may petition the court for 

21 an order prohibiting the person from engaging 

22 in conduct that violates section 602. 

23 ‘‘(B) STANDARD.—The court may issue an 

24 order under subparagraph (A) if the court finds 


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1 by a preponderance of the evidence that the 

2 conduct of the person violates section 602. 

3 ‘‘(C) RULE OF CONSTRUCTION.—The filing 

4 of a petition seeking injunctive relief under this 

5 paragraph shall not preclude any other remedy 

6 that is available by law to the United States or 

7 any other person.’’. 

8 SEC. 8004. PROHIBITION OF PROCUREMENT OFFICERS AC9 CEPTING EMPLOYMENT FROM GOVERNMENT 

10 CONTRACTORS. 

11 (a) EXPANSION OF PROHIBITION ON ACCEPTANCE

12 BY FORMER OFFICIALS OF COMPENSATION FROM CON13 TRACTORS.—Section 2104 of title 41, United States Code, 

14 is amended— 

15 (1) in subsection (a)— 

16 (A) in the matter preceding paragraph 

17 (1)— 

18 (i) by striking ‘‘or consultant’’ and in19 serting ‘‘attorney, consultant, subcon20 tractor, or lobbyist’’; and 

21 (ii) by striking ‘‘one year’’ and insert22 ing ‘‘2 years’’; and 

23 (B) in paragraph (3), by striking ‘‘person24 ally made for the Federal agency’’ and inserting 


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1 ‘‘participated personally and substantially in’’; 

2 and 

3 (2) by striking subsection (b) and inserting the 

4 following: 

5 ‘‘(b) PROHIBITION ON COMPENSATION FROM AFFILI6 ATES AND SUBCONTRACTORS.—A former official respon7 sible for a Government contract referred to in paragraph 

8 (1), (2), or (3) of subsection (a) may not accept compensa9 tion for 2 years after awarding the contract from any divi10 sion, affiliate, or subcontractor of the contractor.’’. 

11 (b) REQUIREMENT FOR PROCUREMENT OFFICERS

12 TO DISCLOSE JOB OFFERS MADE TO RELATIVES.—Sec13 tion 2103(a) of title 41, United States Code, is amended 

14 in the matter preceding paragraph (1) by inserting after 

15 ‘‘that official’’ the following: ‘‘, or for a relative (as defined 

16 in section 3110 of title 5) of that official,’’. 

17 (c) REQUIREMENT ON AWARD OF GOVERNMENT

18 CONTRACTS TO FORMER EMPLOYERS.— 

19 (1) IN GENERAL.—Chapter 21 of division B of 

20 subtitle I of title 41, United States Code, is amend21 ed by adding at the end the following new section: 


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1 ‘‘§ 2108. Prohibition on involvement by certain 

2 former contractor employees in procure3 ments 

4 ‘‘An employee of the Federal Government may not 

5 participate personally and substantially in any award of 

6 a contract to, or the administration of a contract awarded 

7 to, a contractor that is a former employer of the employee 

8 during the 2-year period beginning on the date on which 

9 the employee leaves the employment of the contractor.’’. 

10 (2) TECHNICAL AND CONFORMING AMEND11 MENT.—The table of sections for chapter 21 of title 

12 41, United States Code, is amended by adding at 

13 the end the following new item: 

‘‘2108. Prohibition on involvement by certain former contractor employees 

in procurements.’’. 

14 (d) REGULATIONS.—The Director of the Office of 

15 Government Ethics, in consultation with the Adminis16 trator of General Services, shall promulgate regulations to 

17 carry out and ensure the enforcement of chapter 21 of 

18 title 41, United States Code, as amended by this section. 

19 (e) MONITORING AND COMPLIANCE.—The Adminis20 trator of General Services, in consultation with designated 

21 agency ethics officials (as that term is defined in section 

22 109(3) of the Ethics in Government Act of 1978 (5 U.S.C. 

23 App.)), shall monitor compliance with such chapter 21 by 

24 individuals and agencies. 


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1 SEC. 8005. REVOLVING DOOR RESTRICTIONS ON EMPLOY2 EES MOVING INTO THE PRIVATE SECTOR. 

3 (a) IN GENERAL.—Subsection (c) of section 207 of 

4 title 18, United States Code, is amended— 

5 (1) in the subsection heading, by striking 

6 ‘‘ONE-YEAR’’ and inserting ‘‘TWO-YEAR’’; 

7 (2) in paragraph (1)— 

8 (A) by striking ‘‘1 year’’ in each instance 

9 and inserting ‘‘2 years’’; and 

10 (B) by inserting ‘‘, or conducts any lob11 bying activity to facilitate any communication 

12 to or appearance before,’’ after ‘‘any commu13 nication to or appearance before’’; and 

14 (3) in paragraph (2)(B), by striking ‘‘1-year’’ 

15 and inserting ‘‘2-year’’. 

16 (b) APPLICATION.—The amendments made by sub17 section (a) shall apply to any individual covered by sub18 section (c) of section 207 of title 18, United States Code, 

19 separating from the civil service on or after the date of 

20 enactment of this Act. 

21 SEC. 8006. GUIDANCE ON UNPAID EMPLOYEES. 

22 (a) IN GENERAL.—Not later than 120 days after the 

23 date of enactment of this Act, the Director of the Office 

24 of Government Ethics shall issue guidance on ethical 

25 standards applicable to unpaid employees of an agency. 

26 (b) DEFINITIONS.—In this section— 


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1 (1) the term ‘‘agency’’ includes the Executive 

2 Office of the President and the White House; and 

3 (2) the term ‘‘unpaid employee’’ includes any 

4 individual occupying a position at an agency and 

5 who is unpaid by operation of section 3110 of title 

6 5, United States Code, or any other provision of law, 

7 but does not include any employee who is unpaid 

8 due to a lapse in appropriations. 

9 SEC. 8007. LIMITATION ON USE OF FEDERAL FUNDS AND 

10 CONTRACTING AT BUSINESSES OWNED BY 

11 CERTAIN GOVERNMENT OFFICERS AND EM12 PLOYEES. 

13 (a) LIMITATION ON FEDERAL FUNDS.—Beginning in 

14 fiscal year 2022 and in each fiscal year thereafter, no Fed15 eral funds may be obligated or expended for purposes of 

16 procuring goods or services at any business owned or con17 trolled by a covered individual or any family member of 

18 such an individual, unless such obligation or expenditure 

19 of funds is authorized under the Presidential Protection 

20 Assistance Act of 1976 (Public Law 94–524). 

21 (b) PROHIBITION ON CONTRACTS.—No Executive 

22 agency may enter into or hold a contract with a business 

23 owned or controlled by a covered individual or any family 

24 member of such an individual. 


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1 (c) DETERMINATION OF OWNERSHIP.—For purposes 

2 of this section, a business shall be deemed to be owned 

3 or controlled by a covered individual or any family member 

4 of such an individual if the covered individual or member 

5 of family (as the case may be)— 

6 (1) is a member of the board of directors or 

7 similar governing body of the business; 

8 (2) directly or indirectly owns or controls more 

9 than 50 percent of the voting shares of the business; 

10 or 

11 (3) is the beneficiary of a trust which owns or 

12 controls more than 50 percent of the business and 

13 can direct distributions under the terms of the trust. 

14 (d) DEFINITIONS.—In this section: 

15 (1) COVERED INDIVIDUAL.—The term ‘‘covered 

16 individual’’ means— 

17 (A) the President; 

18 (B) the Vice President; 

19 (C) the head of any Executive department 

20 (as that term is defined in section 101 of title 

21 5, United States Code); and 

22 (D) any individual occupying a position 

23 designated by the President as a Cabinet-level 

24 position. 


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1 (2) FAMILY MEMBER.—The term ‘‘family mem2 ber’’ means an individual with any of the following 

3 relationships to a covered individual: 

4 (A) Spouse, and parents thereof. 

5 (B) Sons and daughters, and spouses 

6 thereof. 

7 (C) Parents, and spouses thereof. 

8 (D) Brothers and sisters, and spouses 

9 thereof. 

10 (E) Grandparents and grandchildren, and 

11 spouses thereof. 

12 (F) Domestic partner and parents thereof, 

13 including domestic partners of any individual in 

14 subparagraphs (A) through (E). 

15 (3) EXECUTIVE AGENCY.—The term ‘‘Executive 

16 agency’’ has the meaning given that term in section 

17 105 of title 5, United States Code. 

18 Subtitle B—Presidential Conflicts 

19 of Interest 

20 SEC. 8011. SHORT TITLE. 

21 This subtitle may be cited as the ‘‘Presidential Con22 flicts of Interest Act of 2021’’. 


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1 SEC. 8012. DIVESTITURE OF PERSONAL FINANCIAL INTER2 ESTS OF THE PRESIDENT AND VICE PRESI3 DENT THAT POSE A POTENTIAL CONFLICT OF 

4 INTEREST. 

5 (a) IN GENERAL.—The Ethics in Government Act of 

6 1978 (5 U.S.C. App.) is amended by adding after title 

7 VI (as added by section 8003) the following: 

8 ‘‘TITLE VII—DIVESTITURE OF FI9 NANCIAL CONFLICTS OF IN10 TERESTS OF THE PRESIDENT 

11 AND VICE PRESIDENT 

12 ‘‘§ 701. Divestiture of financial interests posing a con13 flict of interest 

14 ‘‘(a) APPLICABILITY TO THE PRESIDENT AND VICE

15 PRESIDENT.—The President and Vice President shall, 

16 within 30 days of assuming office, divest of all financial 

17 interests that pose a conflict of interest because the Presi18 dent or Vice President, the spouse, dependent child, or 

19 general partner of the President or Vice President, or any 

20 person or organization with whom the President or Vice 

21 President is negotiating or has any arrangement con22 cerning prospective employment, has a financial interest, 

23 by— 

24 ‘‘(1) converting each such interest to cash or 

25 other investment that meets the criteria established 

26 by the Director of the Office of Government Ethics 


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1 through regulation as being an interest so remote or 

2 inconsequential as not to pose a conflict; or 

3 ‘‘(2) placing each such interest in a qualified 

4 blind trust as defined in section 102(f)(3) or a diver5 sified trust under section 102(f)(4)(B). 

6 ‘‘(b) DISCLOSURE EXEMPTION.—Subsection (a) shall 

7 not apply if the President or Vice President complies with 

8 section 102.’’. 

9 (b) ADDITIONAL DISCLOSURES.—Section 102(a) of 

10 the Ethics in Government Act of 1978 (5 U.S.C. App.) 

11 is amended by adding at the end the following: 

12 ‘‘(9) With respect to any such report filed by 

13 the President or Vice President, for any corporation, 

14 company, firm, partnership, or other business enter15 prise in which the President, Vice President, or the 

16 spouse or dependent child of the President or Vice 

17 President, has a significant financial interest— 

18 ‘‘(A) the name of each other person who 

19 holds a significant financial interest in the firm, 

20 partnership, association, corporation, or other 

21 entity; 

22 ‘‘(B) the value, identity, and category of 

23 each liability in excess of $10,000; and 


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1 ‘‘(C) a description of the nature and value 

2 of any assets with a value of $10,000 or 

3 more.’’. 

4 (c) REGULATIONS.—Not later than 120 days after 

5 the date of enactment of this Act, the Director of the Of6 fice of Government Ethics shall promulgate regulations to 

7 define the criteria required by section 701(a)(1) of the 

8 Ethics in Government Act of 1978 (as added by subsection 

9 (a)) and the term ‘‘significant financial interest’’ for pur10 poses of section 102(a)(9) of the Ethics in Government 

11 Act (as added by subsection (b)). 

12 SEC. 8013. INITIAL FINANCIAL DISCLOSURE. 

13 Subsection (a) of section 101 of the Ethics in Govern14 ment Act of 1978 (5 U.S.C. App.) is amended by striking 

15 ‘‘position’’ and adding at the end the following: ‘‘position, 

16 with the exception of the President and Vice President, 

17 who must file a new report.’’. 

18 SEC. 8014. CONTRACTS BY THE PRESIDENT OR VICE PRESI19 DENT. 

20 (a) AMENDMENT.—Section 431 of title 18, United 

21 States Code, is amended— 

22 (1) in the section heading, by inserting ‘‘the 

23 President, Vice President, Cabinet Mem24 ber, or a’’ after ‘‘Contracts by’’; and 


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1 (2) in the first undesignated paragraph, by in2 serting ‘‘the President, Vice President, or any Cabi3 net member’’ after ‘‘Whoever, being’’. 

4 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

5 sections for chapter 23 of title 18, United States Code, 

6 is amended by striking the item relating to section 431 

7 and inserting the following: 

‘‘431. Contracts by the President, Vice President, or a Member of Congress.’’. 

8 SEC. 8015. LEGAL DEFENSE FUNDS. 

9 (a) DEFINITIONS.—In this section— 

10 (1) the term ‘‘Director’’ means the Director of 

11 the Office of Government Ethics; 

12 (2) the term ‘‘legal defense fund’’ means a 

13 trust— 

14 (A) that has only one beneficiary; 

15 (B) that is subject to a trust agreement 

16 creating an enforceable fiduciary duty on the 

17 part of the trustee to the beneficiary, pursuant 

18 to the applicable law of the jurisdiction in which 

19 the trust is established; 

20 (C) that is subject to a trust agreement 

21 that provides for the mandatory public disclo22 sure of all donations and disbursements; 

23 (D) that is subject to a trust agreement 

24 that prohibits the use of its resources for any 

25 purpose other than— 


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1 (i) the administration of the trust; 

2 (ii) the payment or reimbursement of 

3 legal fees or expenses incurred in investiga4 tive, civil, criminal, or other legal pro5 ceedings relating to or arising by virtue of 

6 service by the trust’s beneficiary as an offi7 cer or employee, as defined in this section, 

8 or as an employee, contractor, consultant 

9 or volunteer of the campaign of the Presi10 dent or Vice President; or 

11 (iii) the distribution of unused re12 sources to a charity selected by the trustee 

13 that has not been selected or recommended 

14 by the beneficiary of the trust; 

15 (E) that is subject to a trust agreement 

16 that prohibits the use of its resources for any 

17 other purpose or personal legal matters, includ18 ing tax planning, personal injury litigation, pro19 tection of property rights, divorces, or estate 

20 probate; and 

21 (F) that is subject to a trust agreement 

22 that prohibits the acceptance of donations, ex23 cept in accordance with this section and the 

24 regulations of the Office of Government Ethics; 


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1 (3) the term ‘‘lobbying activity’’ has the mean2 ing given that term in section 3 of the Lobbying 

3 Disclosure Act of 1995 (2 U.S.C. 1602); 

4 (4) the term ‘‘officer or employee’’ means— 

5 (A) an officer (as that term is defined in 

6 section 2104 of title 5, United States Code) or 

7 employee (as that term is defined in section 

8 2105 of such title) of the executive branch of 

9 the Government; 

10 (B) the Vice President; and 

11 (C) the President; and 

12 (5) the term ‘‘relative’’ has the meaning given 

13 that term in section 3110 of title 5, United States 

14 Code. 

15 (b) LEGAL DEFENSE FUNDS.—An officer or em16 ployee may not accept or use any gift or donation for the 

17 payment or reimbursement of legal fees or expenses in18 curred in investigative, civil, criminal, or other legal pro19 ceedings relating to or arising by virtue of the officer or 

20 employee’s service as an officer or employee, as defined 

21 in this section, or as an employee, contractor, consultant 

22 or volunteer of the campaign of the President or Vice 

23 President except through a legal defense fund that is cer24 tified by the Director of the Office of Government Ethics. 


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1 (c) LIMITS ON GIFTS AND DONATIONS.—Not later 

2 than 120 days after the date of the enactment of this Act, 

3 the Director shall promulgate regulations establishing lim4 its with respect to gifts and donations described in sub5 section (b), which shall, at a minimum— 

6 (1) prohibit the receipt of any gift or donation 

7 described in subsection (b)— 

8 (A) from a single contributor (other than 

9 a relative of the officer or employee) in a total 

10 amount of more than $5,000 during any cal11 endar year; 

12 (B) from a registered lobbyist; 

13 (C) from a foreign government or an agent 

14 of a foreign principal; 

15 (D) from a State government or an agent 

16 of a State government; 

17 (E) from any person seeking official action 

18 from, or seeking to do or doing business with, 

19 the agency employing the officer or employee; 

20 (F) from any person conducting activities 

21 regulated by the agency employing the officer 

22 or employee; 

23 (G) from any person whose interests may 

24 be substantially affected by the performance or 


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1 nonperformance of the official duties of the offi2 cer or employee; 

3 (H) from an officer or employee of the ex4 ecutive branch; or 

5 (I) from any organization a majority of 

6 whose members are described in (A)–(H); and 

7 (2) require that a legal defense fund, in order 

8 to be certified by the Director, only permit distribu9 tions to the applicable officer or employee. 

10 (d) WRITTEN NOTICE.— 

11 (1) IN GENERAL.—An officer or employee who 

12 wishes to accept funds or have a representative ac13 cept funds from a legal defense fund shall first en14 sure that the proposed trustee of the legal defense 

15 fund submits to the Director the following informa16 tion: 

17 (A) The name and contact information for 

18 any proposed trustee of the legal defense fund. 

19 (B) A copy of any proposed trust docu20 ment for the legal defense fund. 

21 (C) The nature of the legal proceeding (or 

22 proceedings), investigation or other matter 

23 which give rise to the establishment of the legal 

24 defense fund. 


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1 (D) An acknowledgment signed by the offi2 cer or employee and the trustee indicating that 

3 they will be bound by the regulations and limi4 tation under this section. 

5 (2) APPROVAL.—An officer or employee may 

6 not accept any gift or donation to pay, or to reim7 burse any person for, fees or expenses described in 

8 subsection (b) of this section except through a legal 

9 defense fund that has been certified in writing by 

10 the Director following that office’s receipt and ap11 proval of the information submitted under para12 graph (1) and approval of the structure of the fund. 

13 (e) REPORTING.— 

14 (1) IN GENERAL.—An officer or employee who 

15 establishes a legal defense fund may not directly or 

16 indirectly accept distributions from a legal defense 

17 fund unless the fund has provided the Director a 

18 quarterly report for each quarter of every calendar 

19 year since the establishment of the legal defense 

20 fund that discloses, with respect to the quarter cov21 ered by the report— 

22 (A) the source and amount of each con23 tribution to the legal defense fund; and 

24 (B) the amount, recipient, and purpose of 

25 each expenditure from the legal defense fund, 


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1 including all distributions from the trust for 

2 any purpose. 

3 (2) PUBLIC AVAILABILITY.—The Director shall 

4 make publicly available online— 

5 (A) each report submitted under para6 graph (1) in a searchable, sortable, and 

7 downloadable form; 

8 (B) each trust agreement and any amend9 ment thereto; 

10 (C) the written notice and acknowledgment 

11 required by subsection (d); and 

12 (D) the Director’s written certification of 

13 the legal defense fund. 

14 (f) RECUSAL.—An officer or employee, other than the 

15 President and the Vice President, who is the beneficiary 

16 of a legal defense fund may not participate personally and 

17 substantially in any particular matter in which the officer 

18 or employee knows a donor of any source of a gift or dona19 tion to the legal defense fund established for the officer 

20 or employee has a financial interest, for a period of 2 years 

21 from the date of the most recent gift or donation to the 

22 legal defense fund. 


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1 Subtitle C—White House Ethics 

2 Transparency 

3 SEC. 8021. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘White House Eth5 ics Transparency Act of 2021’’. 

6 SEC. 8022. PROCEDURE FOR WAIVERS AND AUTHORIZA7 TIONS RELATING TO ETHICS REQUIREMENTS. 

8 (a) IN GENERAL.—Notwithstanding any other provi9 sion of law, not later than 30 days after an officer or em10 ployee issues or approves a waiver or authorization pursu11 ant to section 3 of Executive Order No. 13770 (82 6 Fed. 

12 Reg. 9333), or any subsequent similar order, such officer 

13 or employee shall— 

14 (1) transmit a written copy of such waiver or 

15 authorization to the Director of the Office of Gov16 ernment Ethics; and 

17 (2) make a written copy of such waiver or au18 thorization available to the public on the website of 

19 the employing agency of the covered employee. 

20 (b) RETROACTIVE APPLICATION.—In the case of a 

21 waiver or authorization described in subsection (a) issued 

22 during the period beginning on January 20, 2017, and 

23 ending on the date of enactment of this Act, the issuing 

24 officer or employee of such waiver or authorization shall 

25 comply with the requirements of paragraphs (1) and (2) 


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1 of such subsection not later than 30 days after the date 

2 of enactment of this Act. 

3 (c) OFFICE OF GOVERNMENT ETHICS PUBLIC AVAIL4 ABILITY.—Not later than 30 days after receiving a written 

5 copy of a waiver or authorization under subsection (a)(1), 

6 the Director of the Office of Government Ethics shall 

7 make such waiver or authorization available to the public 

8 on the website of the Office of Government Ethics. 

9 (d) REPORT TO CONGRESS.—Not later than 45 days 

10 after the date of enactment of this Act, the Director of 

11 the Office of Government Ethics shall submit a report to 

12 Congress on the impact of the application of subsection 

13 (b), including the name of any individual who received a 

14 waiver or authorization described in subsection (a) and 

15 who, by operation of subsection (b), submitted the infor16 mation required by such subsection. 

17 (e) DEFINITION OF COVERED EMPLOYEE.—In this 

18 section, the term ‘‘covered employee’’— 

19 (1) means a non-career Presidential or Vice 

20 Presidential appointee, non-career appointee in the 

21 Senior Executive Service (or other SES-type sys22 tem), or an appointee to a position that has been ex23 cepted from the competitive service by reason of 

24 being of a confidential or policymaking character 


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1 (Schedule C and other positions excepted under com2 parable criteria) in an executive agency; and 

3 (2) does not include any individual appointed as 

4 a member of the Senior Foreign Service or solely as 

5 a uniformed service commissioned officer. 

6 Subtitle D—Executive Branch 

7 Ethics Enforcement 

8 SEC. 8031. SHORT TITLE. 

9 This subtitle may be cited as the ‘‘Executive Branch 

10 Comprehensive Ethics Enforcement Act of 2021’’. 

11 SEC. 8032. REAUTHORIZATION OF THE OFFICE OF GOVERN12 MENT ETHICS. 

13 Section 405 of the Ethics in Government Act of 1978 

14 (5 U.S.C. App.) is amended by striking ‘‘fiscal year 2007’’ 

15 and inserting ‘‘fiscal years 2021 through 2025.’’. 

16 SEC. 8033. TENURE OF THE DIRECTOR OF THE OFFICE OF 

17 GOVERNMENT ETHICS. 

18 Section 401(b) of the Ethics in Government Act of 

19 1978 (5 U.S.C. App.) is amended by striking the period 

20 at the end and inserting ‘‘, subject to removal only for 

21 inefficiency, neglect of duty, or malfeasance in office. The 

22 Director may continue to serve beyond the expiration of 

23 the term until a successor is appointed and has qualified, 

24 except that the Director may not continue to serve for 


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1 more than one year after the date on which the term would 

2 otherwise expire under this subsection.’’. 

3 SEC. 8034. DUTIES OF DIRECTOR OF THE OFFICE OF GOV4 ERNMENT ETHICS. 

5 (a) IN GENERAL.—Section 402(a) of the Ethics in 

6 Government Act of 1978 (5 U.S.C. App.) is amended by 

7 striking ‘‘, in consultation with the Office of Personnel 

8 Management,’’. 

9 (b) RESPONSIBILITIES OF THE DIRECTOR.—Section 

10 402(b) of the Ethics in Government Act of 1978 (5 U.S.C. 

11 App.) is amended— 

12 (1) in paragraph (1)— 

13 (A) by striking ‘‘developing, in consultation 

14 with the Attorney General and the Office of 

15 Personnel Management, rules and regulations 

16 to be promulgated by the President or the Di17 rector’’ and inserting ‘‘developing and promul18 gating rules and regulations’’; and 

19 (B) by striking ‘‘title II’’ and inserting 

20 ‘‘title I’’; 

21 (2) by striking paragraph (2) and inserting the 

22 following: 

23 ‘‘(2) providing mandatory education and train24 ing programs for designated agency ethics officials, 

25 which may be delegated to each agency or the White 


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1 House Counsel as deemed appropriate by the Direc2 tor;’’; 

3 (3) in paragraph (3), by striking ‘‘title II’’ and 

4 inserting ‘‘title I’’; 

5 (4) in paragraph (4), by striking ‘‘problems’’ 

6 and inserting ‘‘issues’’; 

7 (5) in paragraph (6)— 

8 (A) by striking ‘‘issued by the President or 

9 the Director’’; and 

10 (B) by striking ‘‘problems’’ and inserting 

11 ‘‘issues’’; 

12 (6) in paragraph (7)— 

13 (A) by striking ‘‘, when requested,’’; and 

14 (B) by striking ‘‘conflict of interest prob15 lems’’ and inserting ‘‘conflicts of interest, as 

16 well as other ethics issues’’; 

17 (7) in paragraph (9)— 

18 (A) by striking ‘‘ordering’’ and inserting 

19 ‘‘receiving allegations of violations of this Act or 

20 regulations of the Office of Government Ethics 

21 and, when necessary, investigating an allegation 

22 to determine whether a violation occurred, and 

23 ordering’’; and 


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1 (B) by inserting before the semi-colon the 

2 following: ‘‘, and recommending appropriate 

3 disciplinary action’’; 

4 (8) in paragraph (12)— 

5 (A) by striking ‘‘evaluating, with the as6 sistance of’’ and inserting ‘‘promulgating, with 

7 input from’’; 

8 (B) by striking ‘‘the need for’’; and 

9 (C) by striking ‘‘conflict of interest and 

10 ethical problems’’ and inserting ‘‘conflict of in11 terest and ethics issues’’; 

12 (9) in paragraph (13)— 

13 (A) by striking ‘‘with the Attorney Gen14 eral’’ and inserting ‘‘with the Inspectors Gen15 eral and the Attorney General’’; 

16 (B) by striking ‘‘violations of the conflict 

17 of interest laws’’ and inserting ‘‘conflict of in18 terest issues and allegations of violations of eth19 ics laws and regulations and this Act’’; and 

20 (C) by striking ‘‘, as required by section 

21 535 of title 28, United States Code’’; 

22 (10) in paragraph (14), by striking ‘‘and’’ at 

23 the end; 

24 (11) in paragraph (15)— 


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1 (A) by striking ‘‘, in consultation with the 

2 Office of Personnel Management,’’; 

3 (B) by striking ‘‘title II’’ and inserting 

4 ‘‘title I’’; and 

5 (C) by striking the period at the end and 

6 inserting a semicolon; and 

7 (12) by adding at the end the following: 

8 ‘‘(16) directing and providing final approval, 

9 when determined appropriate by the Director, for 

10 designated agency ethics officials regarding the reso11 lution of conflicts of interest as well as any other 

12 ethics issues under the purview of this Act in indi13 vidual cases; and 

14 ‘‘(17) reviewing and approving, when deter15 mined appropriate by the Director, any recusals, ex16 emptions, or waivers from the conflicts of interest 

17 and ethics laws, rules, and regulations and making 

18 approved recusals, exemptions, and waivers made 

19 publicly available by the relevant agency available in 

20 a central location on the official website of the Office 

21 of Government Ethics.’’. 

22 (c) WRITTEN PROCEDURES.—Paragraph (1) of sec23 tion 402(d) of the Ethics in Government Act of 1978 (5 

24 U.S.C. App.) is amended— 


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1 (1) by striking ‘‘, by the exercise of any author2 ity otherwise available to the Director under this 

3 title,’’; 

4 (2) by striking ‘‘the agency is’’; and 

5 (3) by inserting after ‘‘filed by’’ the following: 

6 ‘‘, or written documentation of recusals, waivers, or 

7 ethics authorizations relating to,’’. 

8 (d) CORRECTIVE ACTIONS.—Section 402(f) of the 

9 Ethics in Government Act of 1978 (5 U.S.C. App.) is 

10 amended— 

11 (1) in paragraph (1)— 

12 (A) in clause (i) of subparagraph (A), by 

13 striking ‘‘of such agency’’; and 

14 (B) in subparagraph (B), by inserting be15 fore the period at the end ‘‘and determine that 

16 a violation of this Act has occurred and issue 

17 appropriate administrative or legal remedies as 

18 prescribed in paragraph (2)’’; 

19 (2) in paragraph (2)— 

20 (A) in subparagraph (A)— 

21 (i) in clause (ii)— 

22 (I) in subclause (I)— 

23 (aa) by inserting ‘‘to the 

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1 ployees of the Executive Office of 

2 the President or’’ after ‘‘may rec3 ommend’’; 

4 (bb) by striking ‘‘and’’ at 

5 the end; and 

6 (II) in subclause (II)— 

7 (aa) by inserting ‘‘President 

8 or’’ after ‘‘determines that the’’; 

9 and 

10 (bb) by adding ‘‘and’’ at the 

11 end; 

12 (ii) in subclause (II) of clause (iii)— 

13 (I) by striking ‘‘notify, in writ14 ing,’’ and inserting ‘‘advise the Presi15 dent or order’’; 

16 (II) by inserting ‘‘to take appro17 priate disciplinary action including 

18 reprimand, suspension, demotion, or 

19 dismissal against the officer or em20 ployee (provided, however, that any 

21 order issued by the Director shall not 

22 affect an employee’s right to appeal a 

23 disciplinary action under applicable 

24 law, regulation, collective bargaining 


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1 agreement, or contractual provision).’’ 

2 after ‘‘employee’s agency’’; and 

3 (III) by striking ‘‘of the officer’s 

4 or employee’s noncompliance, except 

5 that, if the officer or employee in6 volved is the agency head, the notifi7 cation shall instead be submitted to 

8 the President; and’’; and 

9 (iii) by striking clause (iv); 

10 (B) in subparagraph (B)(i)— 

11 (i) by striking ‘‘subparagraph (A)(iii) 

12 or (iv)’’ and inserting ‘‘subparagraph (A)’’; 

13 (ii) by inserting ‘‘(I)’’ before ‘‘In 

14 order to’’; and 

15 (iii) by adding at the end the fol16 lowing: 

17 ‘‘(II)(aa) The Director may se18 cure directly from any agency infor19 mation necessary to enable the Direc20 tor to carry out this Act. Upon re21 quest of the Director, the head of 

22 such agency shall furnish that infor23 mation to the Director. 

24 ‘‘(bb) The Director may re25 quire by subpoena the production 


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1 of all information, documents, re2 ports, answers, records, accounts, 

3 papers, and other data in any 

4 medium and documentary evi5 dence necessary in the perform6 ance of the functions assigned by 

7 this Act, which subpoena, in the 

8 case of refusal to obey, shall be 

9 enforceable by order of any ap10 propriate United States district 

11 court.’’; 

12 (C) in subparagraph (B)(ii)(I)— 

13 (i) by striking ‘‘Subject to clause (iv) 

14 of this subparagraph, before’’ and insert15 ing ‘‘Before’’; and 

16 (ii) by striking ‘‘subparagraphs (A) 

17 (iii) or (iv)’’ and inserting ‘‘subparagraph 

18 (A)(iii)’’; 

19 (D) in subparagraph (B)(iii), by striking 

20 ‘‘Subject to clause (iv) of this subparagraph, 

21 before’’ and inserting ‘‘Before’’; and 

22 (E) in subparagraph (B)(iv)— 

23 (i) by striking ‘‘title 2’’ and inserting 

24 ‘‘title I’’; and 


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1 (ii) by striking ‘‘section 206’’ and in2 serting ‘‘section 106’’; and 

3 (3) in paragraph (4), by striking ‘‘(iv),’’. 

4 (e) DEFINITIONS.—Section 402 of the Ethics in Gov5 ernment Act of 1978 (5 U.S.C. App.) is amended by add6 ing at the end the following: 

7 ‘‘(g) For purposes of this title— 

8 ‘‘(1) the term ‘agency’ shall include the Execu9 tive Office of the President; and 

10 ‘‘(2) the term ‘officer or employee’ shall include 

11 any individual occupying a position, providing any 

12 official services, or acting in an advisory capacity, in 

13 the White House or the Executive Office of the 

14 President. 

15 ‘‘(h) In this title, a reference to the head of an agency 

16 shall include the President or the President’s designee. 

17 ‘‘(i) The Director shall not be required to obtain the 

18 prior approval, comment, or review of any officer or agen19 cy of the United States, including the Office of Manage20 ment and Budget, before submitting to Congress, or any 

21 committee or subcommittee thereof, any information, re22 ports, recommendations, testimony, or comments, if such 

23 submissions include a statement indicating that the views 

24 expressed therein are those of the Director and do not nec25 essarily represent the views of the President.’’. 


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1 SEC. 8035. AGENCY ETHICS OFFICIALS TRAINING AND DU2 TIES. 

3 (a) IN GENERAL.—Section 403 of the Ethics in Gov4 ernment Act of 1978 (5 U.S.C. App.) is amended— 

5 (1) in subsection (a), by adding a period at the 

6 end of the matter following paragraph (2); and 

7 (2) by adding at the end the following: 

8 ‘‘(c)(1) All designated agency ethics officials and al9 ternate designated agency ethics officials shall register 

10 with the Director as well as with the appointing authority 

11 of the official. 

12 ‘‘(2) The Director shall provide ethics education 

13 and training to all designated and alternate des14 ignated agency ethics officials in a time and manner 

15 deemed appropriate by the Director. 

16 ‘‘(3) Each designated agency ethics official and 

17 each alternate designated agency ethics official shall 

18 biannually attend ethics education and training, as 

19 provided by the Director under paragraph (2). 

20 ‘‘(d) Each Designated Agency Ethics Official, includ21 ing the Designated Agency Ethics Official for the Execu22 tive Office of the President— 

23 ‘‘(1) shall provide to the Director, in writing, in 

24 a searchable, sortable, and downloadable format, all 

25 approvals, authorizations, certifications, compliance 

26 reviews, determinations, directed divestitures, public 


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1 financial disclosure reports, notices of deficiency in 

2 compliance, records related to the approval or ac3 ceptance of gifts, recusals, regulatory or statutory 

4 advisory opinions, waivers, including waivers under 

5 section 207 or 208 of title 18, United States Code, 

6 and any other records designated by the Director, 

7 unless disclosure is prohibited by law; 

8 ‘‘(2) shall, for all information described in para9 graph (1) that is permitted to be disclosed to the 

10 public under law, make the information available to 

11 the public by publishing the information on the 

12 website of the Office of Government Ethics, pro13 viding a link to download an electronic copy of the 

14 information, or providing printed paper copies of 

15 such information to the public; and 

16 ‘‘(3) may charge a reasonable fee for the cost 

17 of providing paper copies of the information pursu18 ant to paragraph (2). 

19 ‘‘(e)(1) For all information that is provided by an 

20 agency to the Director under paragraph (1) of subsection 

21 (d), the Director shall make the information available to 

22 the public in a searchable, sortable, downloadable format 

23 by publishing the information on the website of the Office 

24 of Government Ethics or providing a link to download an 

25 electronic copy of the information. 


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1 ‘‘(2) The Director may, upon request, provide printed 

2 paper copies of the information published under para3 graph (1) and charge a reasonable fee for the cost of print4 ing such copies.’’. 

5 (b) REPEAL.—Section 408 of the Ethics in Govern6 ment Act of 1978 (5 U.S.C. App.) is hereby repealed. 

7 SEC. 8036. PROHIBITION ON USE OF FUNDS FOR CERTAIN 

8 FEDERAL EMPLOYEE TRAVEL IN CON9 TRAVENTION OF CERTAIN REGULATIONS. 

10 (a) IN GENERAL.—Beginning on the date of enact11 ment of this Act, no Federal funds appropriated or other12 wise made available in any fiscal year may be used for 

13 the travel expenses of any senior Federal official in con14 travention of sections 301–10.260 through 301–10.266 of 

15 title 41, Code of Federal Regulations, or any successor 

16 regulation. 

17 (b) QUARTERLY REPORT ON TRAVEL.— 

18 (1) IN GENERAL.—Not later than 90 days after 

19 the date of enactment of this Act and every 90 days 

20 thereafter, the head of each Federal agency shall 

21 submit a report to the Committee on Oversight and 

22 Reform of the House of Representatives and the 

23 Committee on Homeland Security and Governmental 

24 Affairs of the Senate detailing travel on Government 


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1 aircraft by any senior Federal official employed at 

2 the applicable agency. 

3 (2) APPLICATION.—Any report required under 

4 paragraph (1) shall not include any classified travel, 

5 and nothing in this Act shall be construed to super6 sede, alter, or otherwise affect the application of sec7 tion 101–37.408 of title 41, Code of Federal Regula8 tions, or any successor regulation. 

9 (c) TRAVEL REGULATION REPORT.—Not later than 

10 1 year after enactment of this Act, the Director of the 

11 Office of Government Ethics shall submit a report to Con12 gress detailing suggestions on strengthening Federal trav13 el regulations. On the date such report is so submitted, 

14 the Director shall publish such report on the Office’s pub15 lic website. 

16 (d) SENIOR FEDERAL OFFICIAL DEFINED.—In this 

17 section, the term ‘‘senior Federal official’’ has the mean18 ing given that term in section 101–37.100 of title 41, Code 

19 of Federal Regulations, as in effect on the date of enact20 ment of this Act, and includes any senior executive branch 

21 official (as that term is defined in such section). 

22 SEC. 8037. REPORTS ON COST OF PRESIDENTIAL TRAVEL. 

23 (a) REPORT REQUIRED.—Not later than 90 days 

24 after the date of the enactment of this Act, and every 90 

25 days thereafter, the Secretary of Defense, in consultation 


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1 with the Secretary of the Air Force, shall submit to the 

2 Chairman and Ranking Member of the Committee on 

3 Armed Services of the House of Representatives a report 

4 detailing the direct and indirect costs to the Department 

5 of Defense in support of Presidential travel. Each such 

6 report shall include costs incurred for travel to a property 

7 owned or operated by the individual serving as President 

8 or an immediate family member of such individual. 

9 (b) IMMEDIATE FAMILY MEMBER DEFINED.—In this 

10 section, the term ‘‘immediate family member’’ means the 

11 spouse of such individual, the adult or minor child of such 

12 individual, or the spouse of an adult child of such indi13 vidual. 

14 SEC. 8038. REPORTS ON COST OF SENIOR FEDERAL OFFI15 CIAL TRAVEL. 

16 (a) REPORT REQUIRED.—Not later than 90 days 

17 after the date of the enactment of this Act, and every 90 

18 days thereafter, the Secretary of Defense shall submit to 

19 the Chairman and Ranking Member of the Committee on 

20 Armed Services of the House of Representatives a report 

21 detailing the direct and indirect costs to the Department 

22 of Defense in support of travel by senior Federal officials 

23 on military aircraft. Each such report shall include wheth24 er spousal travel furnished by the Department was reim25 bursed to the Federal Government. 


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1 (b) EXCEPTION.—Required use travel, as outlined in 

2 Department of Defense Directive 4500.56, shall not be in3 cluded in reports under subsection (a). 

4 (c) SENIOR FEDERAL OFFICIAL DEFINED.—In this 

5 section, the term ‘‘senior Federal official’’ has the mean6 ing given that term in section 8036(d). 

7 Subtitle E—Conflicts From 

8 Political Fundraising 

9 SEC. 8041. SHORT TITLE. 

10 This subtitle may be cited as the ‘‘Conflicts from Po11 litical Fundraising Act of 2021’’. 

12 SEC. 8042. DISCLOSURE OF CERTAIN TYPES OF CONTRIBU13 TIONS. 

14 (a) DEFINITIONS.—Section 109 of the Ethics in Gov15 ernment Act of 1978 (5 U.S.C. App.) is amended— 

16 (1) by redesignating paragraphs (2) through 

17 (19) as paragraphs (5) through (22), respectively; 

18 and 

19 (2) by inserting after paragraph (1) the fol20 lowing: 

21 ‘‘(2) ‘covered contribution’ means a payment, 

22 advance, forbearance, rendering, or deposit of 

23 money, or any thing of value— 

24 ‘‘(A)(i) that— 

25 ‘‘(I) is— 


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1 ‘‘(aa) made by or on behalf of a 

2 covered individual; or 

3 ‘‘(bb) solicited in writing by or at 

4 the request of a covered individual; 

5 and 

6 ‘‘(II) is made— 

7 ‘‘(aa) to a political organization, 

8 as defined in section 527 of the Inter9 nal Revenue Code of 1986; or 

10 ‘‘(bb) to an organization— 

11 ‘‘(AA) that is described in 

12 paragraph (4) or (6) of section 

13 501(c) of the Internal Revenue 

14 Code of 1986 and exempt from 

15 tax under section 501(a) of such 

16 Code; and 

17 ‘‘(BB) that promotes or op18 poses changes in Federal laws or 

19 regulations that are (or would 

20 be) administered by the agency in 

21 which the covered individual has 

22 been nominated for appointment 

23 to a covered position or is serving 

24 in a covered position; or 

25 ‘‘(ii) that is— 


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1 ‘‘(I) solicited in writing by or on be2 half of a covered individual; and 

3 ‘‘(II) made— 

4 ‘‘(aa) by an individual or entity 

5 the activities of which are subject to 

6 Federal laws or regulations that are 

7 (or would be) administered by the 

8 agency in which the covered individual 

9 has been nominated for appointment 

10 to a covered position or is serving in 

11 a covered position; and 

12 ‘‘(bb) to— 

13 ‘‘(AA) a political organiza14 tion, as defined in section 527 of 

15 the Internal Revenue Code of 

16 1986; or 

17 ‘‘(BB) an organization that 

18 is described in paragraph (4) or 

19 (6) of section 501(c) of the Inter20 nal Revenue Code of 1986 and 

21 exempt from tax under section 

22 501(a) of such Code; and 

23 ‘‘(B) that is made to an organization de24 scribed in item (aa) or (bb) of clause (i)(II) or 

25 clause (ii)(II)(bb) of subparagraph (A) for 


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1 which the total amount of such payments, ad2 vances, forbearances, renderings, or deposits of 

3 money, or any thing of value, during the cal4 endar year in which it is made is not less than 

5 the contribution limitation in effect under sec6 tion 315(a)(1)(A) of the Federal Election Cam7 paign Act of 1971 (52 U.S.C. 30116(a)(1)(A)) 

8 for elections occurring during such calendar 

9 year; 

10 ‘‘(3) ‘covered individual’ means an individual 

11 who has been nominated or appointed to a covered 

12 position; and 

13 ‘‘(4) ‘covered position’— 

14 ‘‘(A) means— 

15 ‘‘(i) a position described under sec16 tions 5312 through 5316 of title 5, United 

17 States Code; 

18 ‘‘(ii) a position placed in level IV or V 

19 of the Executive Schedule under section 

20 5317 of title 5, United States Code; 

21 ‘‘(iii) a position as a limited term ap22 pointee, limited emergency appointee, or 

23 noncareer appointee in the Senior Execu24 tive Service, as defined under paragraphs 


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1 (5), (6), and (7), respectively, of section 

2 3132(a) of title 5, United States Code; 

3 ‘‘(iv) a position in the executive 

4 branch of the Government of a confidential 

5 or policy-determining character under 

6 schedule C of subpart C of part 213 of 

7 title 5 of the Code of Federal Regulations; 

8 and 

9 ‘‘(v) a chief of mission (as defined in 

10 section 102(a)(3) of the Foreign Service 

11 Act of 1980); and 

12 ‘‘(B) does not include a position if the in13 dividual serving in the position has been ex14 cluded from the application of section 

15 101(f)(5);’’. 

16 (b) DISCLOSURE REQUIREMENTS.—The Ethics in 

17 Government Act of 1978 (5 U.S.C. App.) is amended— 

18 (1) in section 101— 

19 (A) in subsection (a)— 

20 (i) by inserting ‘‘(1)’’ before ‘‘With21 in’’; 

22 (ii) by striking ‘‘unless’’ and inserting 

23 ‘‘and, if the individual is assuming a cov24 ered position, the information described in 

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1 graph (2), the individual shall not be re2 quired to file a report if’’; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(2) If an individual has left a position described in 

6 subsection (f) that is not a covered position and, within 

7 30 days, assumes a position that is a covered position, the 

8 individual shall, within 30 days of assuming the covered 

9 position, file a report containing the information described 

10 in section 102(j)(2)(A).’’; 

11 (B) in subsection (b)(1), in the first sen12 tence, by inserting ‘‘and the information re13 quired by section 102(j)’’ after ‘‘described in 

14 section 102(b)’’; 

15 (C) in subsection (d), by inserting ‘‘and, if 

16 the individual is serving in a covered position, 

17 the information required by section 

18 102(j)(2)(A)’’ after ‘‘described in section 

19 102(a)’’; and 

20 (D) in subsection (e), by inserting ‘‘and, if 

21 the individual was serving in a covered position, 

22 the information required by section 

23 102(j)(2)(A)’’ after ‘‘described in section 

24 102(a)’’; and 

25 (2) in section 102— 


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1 (A) in subsection (g), by striking ‘‘Political 

2 campaign funds’’ and inserting ‘‘Except as pro3 vided in subsection (j), political campaign 

4 funds’’; and 

5 (B) by adding at the end the following: 

6 ‘‘(j)(1) In this subsection— 

7 ‘‘(A) the term ‘applicable period’ means— 

8 ‘‘(i) with respect to a report filed pursuant 

9 to subsection (a) or (b) of section 101, the year 

10 of filing and the 4 calendar years preceding the 

11 year of the filing; and 

12 ‘‘(ii) with respect to a report filed pursuant 

13 to subsection (d) or (e) of section 101, the pre14 ceding calendar year; and 

15 ‘‘(B) the term ‘covered gift’ means a gift that— 

16 ‘‘(i) is made to a covered individual, the 

17 spouse of a covered individual, or the dependent 

18 child of a covered individual; 

19 ‘‘(ii) is made by an entity described in item 

20 (aa) or (bb) of section 109(2)(A)(i)(II); and 

21 ‘‘(iii) would have been required to be re22 ported under subsection (a)(2) if the covered in23 dividual had been required to file a report 

24 under section 101(d) with respect to the cal25 endar year during which the gift was made. 


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1 ‘‘(2)(A) A report filed pursuant to subsection (a), (b), 

2 (d), or (e) of section 101 by a covered individual shall in3 clude, for each covered contribution during the applicable 

4 period— 

5 ‘‘(i) the date on which the covered contribution 

6 was made; 

7 ‘‘(ii) if applicable, the date or dates on which 

8 the covered contribution was solicited; 

9 ‘‘(iii) the value of the covered contribution; 

10 ‘‘(iv) the name of the person making the cov11 ered contribution; and 

12 ‘‘(v) the name of the person receiving the cov13 ered contribution. 

14 ‘‘(B)(i) Subject to clause (ii), a covered contribution 

15 made by or on behalf of, or that was solicited in writing 

16 by or on behalf of, a covered individual shall constitute 

17 a conflict of interest, or an appearance thereof, with re18 spect to the official duties of the covered individual. 

19 ‘‘(ii) The Director of the Office of Government Ethics 

20 may exempt a covered contribution from the application 

21 of clause (i) if the Director determines the circumstances 

22 of the solicitation and making of the covered contribution 

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1 versely the integrity of the Government or the public’s con2 fidence in the integrity of the Government. 

3 ‘‘(3) A report filed pursuant to subsection (a) or (b) 

4 of section 101 by a covered individual shall include the 

5 information described in subsection (a)(2) with respect to 

6 each covered gift received during the applicable period.’’. 

7 (c) PROVISION OF REPORTS AND ETHICS AGREE8 MENTS TO CONGRESS.—Section 105 of the Ethics in Gov9 ernment Act of 1978 (5 U.S.C. App.) is amended by add10 ing at the end the following: 

11 ‘‘(e) Not later than 30 days after receiving a written 

12 request from the Chairman or Ranking Member of a com13 mittee or subcommittee of either House of Congress, the 

14 Director of the Office of Government Ethics shall provide 

15 to the Chairman and Ranking Member each report filed 

16 under this title by the covered individual and any ethics 

17 agreement entered into between the agency and the cov18 ered individual.’’. 

19 (d) RULES ON ETHICS AGREEMENTS.—The Director 

20 of the Office of Government Ethics shall promptly issue 

21 rules regarding how an agency in the executive branch 

22 shall address information required to be disclosed under 

23 the amendments made by this subtitle in drafting ethics 

24 agreements between the agency and individuals appointed 

25 to positions in the agency. 


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1 (e) TECHNICAL AND CONFORMING AMENDMENTS.— 

2 (1) The Ethics in Government Act of 1978 (5 

3 U.S.C. App.) is amended— 

4 (A) in section 101(f)— 

5 (i) in paragraph (9), by striking ‘‘sec6 tion 109(12)’’ and inserting ‘‘section 

7 109(15)’’; 

8 (ii) in paragraph (10), by striking 

9 ‘‘section 109(13)’’ and inserting ‘‘section 

10 109(16)’’; 

11 (iii) in paragraph (11), by striking 

12 ‘‘section 109(10)’’ and inserting ‘‘section 

13 109(13)’’; and 

14 (iv) in paragraph (12), by striking 

15 ‘‘section 109(8)’’ and inserting ‘‘section 

16 109(11)’’; 

17 (B) in section 103(l)— 

18 (i) in paragraph (9), by striking ‘‘sec19 tion 109(12)’’ and inserting ‘‘section 

20 109(15)’’; and 

21 (ii) in paragraph (10), by striking 

22 ‘‘section 109(13)’’ and inserting ‘‘section 

23 109(16)’’; and 


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1 (C) in section 105(b)(3)(A), by striking 

2 ‘‘section 109(8) or 109(10)’’ and inserting ‘‘sec3 tion 109(11) or 109(13)’’. 

4 (2) Section 3(4)(D) of the Lobbying Disclosure 

5 Act of 1995 (2 U.S.C. 1602(4)(D)) is amended by 

6 striking ‘‘section 109(13)’’ and inserting ‘‘section 

7 109(16)’’. 

8 (3) Section 21A of the Securities Exchange Act 

9 of 1934 (15 U.S.C. 78u–1) is amended— 

10 (A) in subsection (g)(2)(B)(ii), by striking 

11 ‘‘section 109(11) of the Ethics in Government 

12 Act of 1978 (5 U.S.C. App. 109(11)))’’ and in13 serting ‘‘section 109 of the Ethics in Govern14 ment Act of 1978 (5 U.S.C. App.))’’; and 

15 (B) in subsection (h)(2)— 

16 (i) in subparagraph (B), by striking 

17 ‘‘section 109(8) of the Ethics in Govern18 ment Act of 1978 (5 U.S.C. App. 109(8))’’ 

19 and inserting ‘‘section 109 of the Ethics in 

20 Government Act of 1978 (5 U.S.C. App.)’’; 

21 and 

22 (ii) in subparagraph (C), by striking 

23 ‘‘section 109(10) of the Ethics in Govern24 ment Act of 1978 (5 U.S.C. App. 

25 109(10))’’ and inserting ‘‘section 109 of 


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1 the Ethics in Government Act of 1978 (5 

2 U.S.C. App.)’’. 

3 (4) Section 499(j)(2) of the Public Health Serv4 ice Act (42 U.S.C. 290b(j)(2)) is amended by strik5 ing ‘‘section 109(16) of the Ethics in Government 

6 Act of 1978’’ and inserting ‘‘section 109 of the Eth7 ics in Government Act of 1978 (5 U.S.C. App.)’’. 

8 Subtitle F—Transition Team Ethics 

9 SEC. 8051. SHORT TITLE. 

10 This subtitle may be cited as the ‘‘Transition Team 

11 Ethics Improvement Act’’. 

12 SEC. 8052. PRESIDENTIAL TRANSITION ETHICS PROGRAMS. 

13 The Presidential Transition Act of 1963 (3 U.S.C. 

14 102 note) is amended— 

15 (1) in section 3(f), by adding at the end the fol16 lowing: 

17 ‘‘(3) Not later than 10 days after submitting an ap18 plication for a security clearance for any individual, and 

19 not later than 10 days after any such individual is granted 

20 a security clearance (including an interim clearance), each 

21 eligible candidate (as that term is described in subsection 

22 (h)(4)(A)) or the President-elect (as the case may be) shall 

23 submit a report containing the name of such individual 

24 to the Committee on Oversight and Reform of the House 


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1 of Representatives and the Committee on Homeland Secu2 rity and Governmental Affairs of the Senate.’’; and 

3 (2) in section 6(b)— 

4 (A) in paragraph (1)— 

5 (i) in subparagraph (A), by striking 

6 ‘‘and’’ at the end; 

7 (ii) in subparagraph (B), by striking 

8 the period at the end and inserting a semi9 colon; and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(C) a list of all positions each transition team 

13 member has held outside the Federal Government 

14 for the previous 12-month period, including paid and 

15 unpaid positions; 

16 ‘‘(D) sources of compensation for each transi17 tion team member exceeding $5,000 a year for the 

18 previous 12-month period; 

19 ‘‘(E) a description of the role of each transition 

20 team member, including a list of any policy issues 

21 that the member expects to work on, and a list of 

22 agencies the member expects to interact with, while 

23 serving on the transition team; 

24 ‘‘(F) a list of any issues from which each tran25 sition team member will be recused while serving as 


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1 a member of the transition team pursuant to the 

2 transition team ethics plan outlined in section 

3 4(g)(3); and 

4 ‘‘(G) an affirmation that no transition team 

5 member has a financial conflict of interest that pre6 cludes the member from working on the matters de7 scribed in subparagraph (E).’’; 

8 (B) in paragraph (2), by inserting ‘‘not 

9 later than 2 business days’’ after ‘‘public’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(3) The head of a Federal department or agency, 

12 or their designee, shall not permit access to the Federal 

13 department or agency, or employees of such department 

14 or agency, that would not be provided to a member of the 

15 public for any transition team member who does not make 

16 the disclosures listed under paragraph (1).’’. 

17 Subtitle G—Ethics Pledge For Sen18 ior Executive Branch Employees 

19 SEC. 8061. SHORT TITLE. 

20 This subtitle may be cited as the ‘‘Ethics in Public 

21 Service Act’’. 


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1 SEC. 8062. ETHICS PLEDGE REQUIREMENT FOR SENIOR EX2 ECUTIVE BRANCH EMPLOYEES. 

3 The Ethics in Government Act of 1978 (5 U.S.C. 

4 App. 101 et seq.) is amended by inserting after title I the 

5 following new title: 

6 ‘‘TITLE II—ETHICS PLEDGE 

7 ‘‘SEC. 201. DEFINITIONS. 

8 ‘‘For the purposes of this title, the following defini9 tions apply: 

10 ‘‘(1) The term ‘executive agency’ has the mean11 ing given that term in section 105 of title 5, United 

12 States Code, and includes the Executive Office of 

13 the President, the United States Postal Service, and 

14 Postal Regulatory Commission, but does not include 

15 the Government Accountability Office. 

16 ‘‘(2) The term ‘appointee’ means any noncareer 

17 Presidential or Vice-Presidential appointee, non18 career appointee in the Senior Executive Service (or 

19 other SES-type system), or appointee to a position 

20 that has been excepted from the competitive service 

21 by reason of being of a confidential or policymaking 

22 character (Schedule C and other positions excepted 

23 under comparable criteria) in an executive agency, 

24 but does not include any individual appointed as a 

25 member of the Senior Foreign Service or solely as 

26 a uniformed service commissioned officer. 


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1 ‘‘(3) The term ‘gift’— 

2 ‘‘(A) has the meaning given that term in 

3 section 2635.203(b) of title 5, Code of Federal 

4 Regulations (or any successor regulation); and 

5 ‘‘(B) does not include those items excluded 

6 by sections 2635.204(b), (c), (e)(1), (e)(3), (j), 

7 (k), and (l) of such title 5. 

8 ‘‘(4) The term ‘covered executive branch offi9 cial’ and ‘lobbyist’ have the meanings given those 

10 terms in section 3 of the Lobbying Disclosure Act of 

11 1995 (2 U.S.C. 1602). 

12 ‘‘(5) The term ‘registered lobbyist or lobbying 

13 organization’ means a lobbyist or an organization fil14 ing a registration pursuant to section 4(a) of the 

15 Lobbying Disclosure Act of 1995 (2 U.S.C. 

16 1603(a)), and in the case of an organization filing 

17 such a registration, ‘registered lobbyist’ includes 

18 each of the lobbyists identified therein. 

19 ‘‘(6) The term ‘lobby’ and ‘lobbied’ mean to act 

20 or have acted as a registered lobbyist. 

21 ‘‘(7) The term ‘former employer’— 

22 ‘‘(A) means a person or entity for whom 

23 an appointee served as an employee, officer, di24 rector, trustee, partner, agent, attorney, con25 sultant, or contractor during the 2-year period 


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1 ending on the date before the date on which the 

2 covered employee begins service in the Federal 

3 Government; and 

4 ‘‘(B) does not include— 

5 ‘‘(i) an agency or instrumentality of 

6 the Federal Government; 

7 ‘‘(ii) a State or local government; 

8 ‘‘(iii) the District of Columbia; 

9 ‘‘(iv) an Indian tribe, as defined in 

10 section 4 of the Indian Self-Determination 

11 and Education Assistance Act (25 U.S.C. 

12 5304); or 

13 ‘‘(v) the government of a territory or 

14 possession of the United States. 

15 ‘‘(8) The term ‘former client’ means a person 

16 or entity for whom an appointee served personally as 

17 agent, attorney, or consultant during the 2-year pe18 riod ending on the date before the date on which the 

19 covered employee begins service in the Federal Gov20 ernment, but does not include an agency or instru21 mentality of the Federal Government. 

22 ‘‘(9) The term ‘directly and substantially re23 lated to my former employer or former clients’ 

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1 ployer or a former client is a party or represents a 

2 party. 

3 ‘‘(10) The term ‘participate’ means to partici4 pate personally and substantially. 

5 ‘‘(11) The term ‘post-employment restrictions’ 

6 includes the provisions and exceptions in section 

7 207(c) of title 18, United States Code, and the im8 plementing regulations. 

9 ‘‘(12) The term ‘Government official’ means 

10 any employee of the executive branch. 

11 ‘‘(13) The term ‘Administration’ means all 

12 terms of office of the incumbent President serving at 

13 the time of the appointment of an appointee covered 

14 by this title. 

15 ‘‘(14) The term ‘pledge’ means the ethics 

16 pledge set forth in section 202 of this title. 

17 ‘‘(15) All references to provisions of law and 

18 regulations shall refer to such provisions as in effect 

19 on the date of enactment of this title. 

20 ‘‘SEC. 202. ETHICS PLEDGE. 

21 ‘‘Each appointee in every executive agency appointed 

22 on or after the date of enactment of this section shall be 

23 required to sign an ethics pledge upon appointment. The 

24 pledge shall be signed and dated within 30 days of taking 


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1 office and shall include, at a minimum, the following ele2 ments: 

3 ‘‘ ‘As a condition, and in consideration, of my employ4 ment in the United States Government in a position in5 vested with the public trust, I commit myself to the fol6 lowing obligations, which I understand are binding on me 

7 and are enforceable under law: 

8 ‘‘ ‘(1) Lobbyist Gift Ban.—I will not accept 

9 gifts from registered lobbyists or lobbying organiza10 tions for the duration of my service as an appointee. 

11 ‘‘ ‘(2) Revolving Door Ban; Entering Govern12 ment.— 

13 ‘‘ ‘(A) All Appointees Entering Govern14 ment.—I will not, for a period of 2 years from 

15 the date of my appointment, participate in any 

16 particular matter involving specific party or 

17 parties that is directly and substantially related 

18 to my former employer or former clients, in19 cluding regulations and contracts. 

20 ‘‘ ‘(B) Lobbyists Entering Government.—If 

21 I was a registered lobbyist within the 2 years 

22 before the date of my appointment, in addition 

23 to abiding by the limitations of subparagraph 

24 (A), I will not for a period of 2 years after the 

25 date of my appointment— 


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1 ‘‘ ‘(i) participate in any particular 

2 matter on which I lobbied within the 2 

3 years before the date of my appointment; 

4 ‘‘ ‘(ii) participate in the specific issue 

5 area in which that particular matter falls; 

6 or 

7 ‘‘ ‘(iii) seek or accept employment with 

8 any executive agency that I lobbied within 

9 the 2 years before the date of my appoint10 ment. 

11 ‘‘ ‘(3) Revolving Door Ban; Appointees Leaving 

12 Government.— 

13 ‘‘ ‘(A) All Appointees Leaving Govern14 ment.—If, upon my departure from the Govern15 ment, I am covered by the post-employment re16 strictions on communicating with employees of 

17 my former executive agency set forth in section 

18 207(c) of title 18, United States Code, I agree 

19 that I will abide by those restrictions for a pe20 riod of 2 years following the end of my appoint21 ment. 

22 ‘‘ ‘(B) Appointees Leaving Government to 

23 Lobby.—In addition to abiding by the limita24 tions of subparagraph (A), I also agree, upon 

25 leaving Government service, not to lobby any 


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1 covered executive branch official or noncareer 

2 Senior Executive Service appointee for the re3 mainder of the Administration. 

4 ‘‘ ‘(4) Employment Qualification Commit5 ment.—I agree that any hiring or other employment 

6 decisions I make will be based on the candidate’s 

7 qualifications, competence, and experience. 

8 ‘‘ ‘(5) Assent to Enforcement.—I acknowledge 

9 that title II of the Ethics in Government Act of 

10 1978, which I have read before signing this docu11 ment, defines certain of the terms applicable to the 

12 foregoing obligations and sets forth the methods for 

13 enforcing them. I expressly accept the provisions of 

14 that title as a part of this agreement and as binding 

15 on me. I understand that the terms of this pledge 

16 are in addition to any statutory or other legal re17 strictions applicable to me by virtue of Federal Gov18 ernment service.’ . 

19 ‘‘SEC. 203. WAIVER. 

20 ‘‘(a) The President or the President’s designee may 

21 grant to any current or former appointee a written waiver 

22 of any restrictions contained in the pledge signed by such 

23 appointee if, and to the extent that, the President or the 

24 President’s designee certifies (in writing) that, in light of 

25 all the relevant circumstances, the interest of the Federal 


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1 Government in the employee’s participation outweighs the 

2 concern that a reasonable person may question the integ3 rity of the agency’s programs or operations. 

4 ‘‘(b) Any waiver under this section shall take effect 

5 when the certification is signed by the President or the 

6 President’s designee. 

7 ‘‘(c) For purposes of subsection (a)(2), the public in8 terest shall include exigent circumstances relating to na9 tional security or to the economy. De minimis contact with 

10 an executive agency shall be cause for a waiver of the re11 strictions contained in paragraph (2)(B) of the pledge. 

12 ‘‘(d) For any waiver granted under this section, the 

13 individual who granted the waiver shall— 

14 ‘‘(1) provide a copy of the waiver to the Direc15 tor not more than 48 hours after the waiver is 

16 granted; and 

17 ‘‘(2) publish the waiver on the website of the 

18 applicable agency not later than 30 calendar days 

19 after granting such waiver. 

20 ‘‘(e) Upon receiving a written waiver under sub21 section (d), the Director shall— 

22 ‘‘(1) review the waiver to determine whether the 

23 Director has any objection to the issuance of the 

24 waiver; and 

25 ‘‘(2) if the Director so objects— 


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1 ‘‘(A) provide reasons for the objection in 

2 writing to the head of the agency who granted 

3 the waiver not more than 15 calendar days 

4 after the waiver was granted; and 

5 ‘‘(B) publish the written objection on the 

6 website of the Office of Government Ethics not 

7 more than 30 calendar days after the waiver 

8 was granted. 

9 ‘‘SEC. 204. ADMINISTRATION. 

10 ‘‘(a) The head of each executive agency shall, in con11 sultation with the Director of the Office of Government 

12 Ethics, establish such rules or procedures (conforming as 

13 nearly as practicable to the agency’s general ethics rules 

14 and procedures, including those relating to designated 

15 agency ethics officers) as are necessary or appropriate to 

16 ensure— 

17 ‘‘(1) that every appointee in the agency signs 

18 the pledge upon assuming the appointed office or 

19 otherwise becoming an appointee; 

20 ‘‘(2) that compliance with paragraph (2)(B) of 

21 the pledge is addressed in a written ethics agree22 ment with each appointee to whom it applies; 

23 ‘‘(3) that spousal employment issues and other 

24 conflicts not expressly addressed by the pledge are 

25 addressed in ethics agreements with appointees or, 


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1 where no such agreements are required, through eth2 ics counseling; and 

3 ‘‘(4) compliance with this title within the agen4 cy. 

5 ‘‘(b) With respect to the Executive Office of the 

6 President, the duties set forth in subsection (a) shall be 

7 the responsibility of the Counsel to the President. 

8 ‘‘(c) The Director of the Office of Government Ethics 

9 shall— 

10 ‘‘(1) ensure that the pledge and a copy of this 

11 title are made available for use by agencies in ful12 filling their duties under subsection (a); 

13 ‘‘(2) in consultation with the Attorney General 

14 or the Counsel to the President, when appropriate, 

15 assist designated agency ethics officers in providing 

16 advice to current or former appointees regarding the 

17 application of the pledge; 

18 ‘‘(3) adopt such rules or procedures as are nec19 essary or appropriate— 

20 ‘‘(A) to carry out the responsibilities as21 signed by this subsection; 

22 ‘‘(B) to apply the lobbyist gift ban set 

23 forth in paragraph 1 of the pledge to all execu24 tive branch employees; 


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1 ‘‘(C) to authorize limited exceptions to the 

2 lobbyist gift ban for circumstances that do not 

3 implicate the purposes of the ban; 

4 ‘‘(D) to make clear that no person shall 

5 have violated the lobbyist gift ban if the person 

6 properly disposes of a gift; 

7 ‘‘(E) to ensure that existing rules and pro8 cedures for Government employees engaged in 

9 negotiations for future employment with private 

10 businesses that are affected by their official ac11 tions do not affect the integrity of the Govern12 ment’s programs and operations; and 

13 ‘‘(F) to ensure, in consultation with the 

14 Director of the Office of Personnel Manage15 ment, that the requirement set forth in para16 graph (4) of the pledge is honored by every em17 ployee of the executive branch; 

18 ‘‘(4) in consultation with the Director of the 

19 Office of Management and Budget, report to the 

20 President, the Committee on Oversight and Reform 

21 of the House of Representatives, and the Committee 

22 on Homeland Security and Governmental Affairs of 

23 the Senate on whether full compliance is being 

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1 sure and on steps the executive branch can take to 

2 expand to the fullest extent practicable disclosure of 

3 such executive branch procurement lobbying and of 

4 lobbying for presidential pardons, and to include in 

5 the report both immediate action the executive 

6 branch can take and, if necessary, recommendations 

7 for legislation; and 

8 ‘‘(5) provide an annual public report on the ad9 ministration of the pledge and this title. 

10 ‘‘(d) All pledges signed by appointees, and all waiver 

11 certifications with respect thereto, shall be filed with the 

12 head of the appointee’s agency for permanent retention 

13 in the appointee’s official personnel folder or equivalent 

14 folder.’’. 

15 Subtitle H—Travel on Private Air16 craft by Senior Political Ap17 pointees 

18 SEC. 8071. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘Stop Waste And 

20 Misuse by Presidential Flyers Landing Yet Evading Rules 

21 and Standards’’ or the ‘‘SWAMP FLYERS’’. 

22 SEC. 8072. PROHIBITION ON USE OF FUNDS FOR TRAVEL 

23 ON PRIVATE AIRCRAFT. 

24 (a) IN GENERAL.—Beginning on the date of enact25 ment of this subtitle, no Federal funds appropriated or 


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1 otherwise made available in any fiscal year may be used 

2 to pay the travel expenses of any senior political appointee 

3 for travel on official business on a non-commercial, pri4 vate, or chartered flight. 

5 (b) EXCEPTIONS.—The limitation in subsection (a) 

6 shall not apply— 

7 (1) if no commercial flight was available for the 

8 travel in question, consistent with subsection (c); or 

9 (2) to any travel on aircraft owned or leased by 

10 the Government. 

11 (c) CERTIFICATION.— 

12 (1) IN GENERAL.—Any senior political ap13 pointee who travels on a non-commercial, private, or 

14 chartered flight under the exception provided in sub15 section (b)(1) shall, not later than 30 days after the 

16 date of such travel, submit a written statement to 

17 Congress certifying that no commercial flight was 

18 available. 

19 (2) PENALTY.—Any statement submitted under 

20 paragraph (1) shall be considered a statement for 

21 purposes of applying section 1001 of title 18, United 

22 States Code. 

23 (d) DEFINITION OF SENIOR POLITICAL AP24 POINTEE.—In this subtitle, the term ‘‘senior political ap25 pointee’’ means any individual occupying— 


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1 (1) a position listed under the Executive Sched2 ule (subchapter II of chapter 53 of title 5, United 

3 States Code); 

4 (2) a Senior Executive Service position that is 

5 not a career appointee as defined under section 

6 3132(a)(4) of such title; or 

7 (3) a position of a confidential or policy-deter8 mining character under schedule C of subpart C of 

9 part 213 of title 5, Code of Federal Regulations. 

10 Subtitle I—Severability 

11 SEC. 8081. SEVERABILITY. 

12 If any provision of this title or any amendment made 

13 by this title, or any application of such provision or 

14 amendment to any person or circumstance, is held to be 

15 unconstitutional, the remainder of the provisions of this 

16 title and the amendments made by this title, and the appli17 cation of the provision or amendment to any other person 

18 or circumstance, shall not be affected. 

19 TITLE IX—CONGRESSIONAL 

20 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 


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Sec. 9101. Prohibiting Members of House of Representatives from serving on 

boards of for-profit entities. 

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

staff. 

Sec. 9103. Exercise of rulemaking powers. 

Subtitle C—Campaign Finance and Lobbying Disclosure 

Sec. 9201. Short title. 

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

Commission of persons who are registered lobbyists. 

Sec. 9203. Effective date. 

Subtitle D—Access to Congressionally Mandated Reports 

Sec. 9301. Short title. 

Sec. 9302. Definitions. 

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

Sec. 9304. Federal agency responsibilities. 

Sec. 9305. Removing and altering reports. 

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

Sec. 9307. Implementation. 

Subtitle E—Reports on Outside Compensation Earned by Congressional 

Employees 

Sec. 9401. Reports on outside compensation earned by congressional employees. 

Subtitle F—Severability 

Sec. 9501. Severability. 


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1 Subtitle A—Requiring Members of 

2 Congress To Reimburse Treas3 ury for Amounts Paid as Settle4 ments and Awards Under Con5 gressional Accountability Act of 

6 1995 

7 SEC. 9001. REQUIRING MEMBERS OF CONGRESS TO REIM8 BURSE TREASURY FOR AMOUNTS PAID AS 

9 SETTLEMENTS AND AWARDS UNDER CON10 GRESSIONAL ACCOUNTABILITY ACT OF 1995 

11 IN ALL CASES OF EMPLOYMENT DISCRIMINA12 TION ACTS BY MEMBERS. 

13 (a) REQUIRING REIMBURSEMENT.—Clause (i) of sec14 tion 415(d)(1)(C) of the Congressional Accountability Act 

15 of 1995 (2 U.S.C. 1415(d)(1)(C)) is amended to read as 

16 follows: 

17 ‘‘(i) a violation of section 201(a) or 

18 section 206(a); or’’. 

19 (b) CONFORMING AMENDMENT RELATING TO NOTI20 FICATION OF POSSIBILITY OF REIMBURSEMENT.—Clause 

21 (i) of section 402(b)(2)(B) of the Congressional Account22 ability Act of 1995 (2 U.S.C. 1402(b)(2)(B)) is amended 

23 to read as follows: 

24 ‘‘(i) a violation of section 201(a) or 

25 section 206(a); or’’. 


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

2 this section shall take effect as if included in the enact3 ment of the Congressional Accountability Act of 1995 Re4 form Act. 

5 Subtitle B—Conflicts of Interests 

6 SEC. 9101. PROHIBITING MEMBERS OF HOUSE OF REP7 RESENTATIVES FROM SERVING ON BOARDS 

8 OF FOR-PROFIT ENTITIES. 

9 Rule XXIII of the Rules of the House of Representa10 tives is amended— 

11 (1) by redesignating clause 22 as clause 23; 

12 and 

13 (2) by inserting after clause 21 the following 

14 new clause: 

15 ‘‘22. A Member, Delegate, or Resident Commissioner 

16 may not serve on the board of directors of any for-profit 

17 entity.’’. 

18 SEC. 9102. CONFLICT OF INTEREST RULES FOR MEMBERS 

19 OF CONGRESS AND CONGRESSIONAL STAFF. 

20 No Member, officer, or employee of a committee or 

21 Member of either House of Congress may knowingly use 

22 his or her official position to introduce or aid the progress 

23 or passage of legislation, a principal purpose of which is 

24 to further only his or her pecuniary interest, only the pecu25 niary interest of his or her immediate family, or only the 


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1 pecuniary interest of a limited class of persons or enter2 prises, when he or she, or his or her immediate family, 

3 or enterprises controlled by them, are members of the af4 fected class. 

5 SEC. 9103. EXERCISE OF RULEMAKING POWERS. 

6 The provisions of this subtitle are enacted by the 

7 Congress— 

8 (1) as an exercise of the rulemaking power of 

9 the House of Representatives and the Senate, re10 spectively, and as such they shall be considered as 

11 part of the rules of each House, respectively, or of 

12 that House to which they specifically apply, and 

13 such rules shall supersede other rules only to the ex14 tent that they are inconsistent therewith; and 

15 (2) with full recognition of the constitutional 

16 right of either House to change such rules (so far 

17 as relating to such House) at any time, in the same 

18 manner, and to the same extent as in the case of 

19 any other rule of such House. 

20 Subtitle C—Campaign Finance and 

21 Lobbying Disclosure 

22 SEC. 9201. SHORT TITLE. 

23 This subtitle may be cited as the ‘‘Connecting Lobby24 ists and Electeds for Accountability and Reform Act’’ or 

25 the ‘‘CLEAR Act’’. 


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1 SEC. 9202. REQUIRING DISCLOSURE IN CERTAIN REPORTS 

2 FILED WITH FEDERAL ELECTION COMMIS3 SION OF PERSONS WHO ARE REGISTERED 

4 LOBBYISTS. 

5 (a) REPORTS FILED BY POLITICAL COMMITTEES.— 

6 Section 304(b) of the Federal Election Campaign Act of 

7 1971 (52 U.S.C. 30104(b)) is amended— 

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

9 (7); 

10 (2) by striking the period at the end of para11 graph (8) and inserting ‘‘; and’’; and 

12 (3) by adding at the end the following new 

13 paragraph: 

14 ‘‘(9) if any person identified in subparagraph 

15 (A), (E), (F), or (G) of paragraph (3) is a registered 

16 lobbyist under the Lobbying Disclosure Act of 1995, 

17 a separate statement that such person is a reg18 istered lobbyist under such Act.’’. 

19 (b) REPORTS FILED BY PERSONS MAKING INDE20 PENDENT EXPENDITURES.—Section 304(c)(2) of such 

21 Act (52 U.S.C. 30104(c)(2)) is amended— 

22 (1) by striking ‘‘and’’ at the end of subpara23 graph (B); 

24 (2) by striking the period at the end of sub25 paragraph (C) and inserting ‘‘; and’’; and 


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

3 ‘‘(D) if the person filing the statement, or a 

4 person whose identification is required to be dis5 closed under subparagraph (C), is a registered lob6 byist under the Lobbying Disclosure Act of 1995, a 

7 separate statement that such person is a registered 

8 lobbyist under such Act.’’. 

9 (c) REPORTS FILED BY PERSONS MAKING DIS10 BURSEMENTS FOR ELECTIONEERING COMMUNICA11 TIONS.—Section 304(f)(2) of such Act (52 U.S.C. 

12 30104(f)(2)) is amended by adding at the end the fol13 lowing new subparagraph: 

14 ‘‘(G) If the person making the disburse15 ment, or a contributor described in subpara16 graph (E) or (F), is a registered lobbyist under 

17 the Lobbying Disclosure Act of 1995, a sepa18 rate statement that such person or contributor 

19 is a registered lobbyist under such Act.’’. 

20 (d) REQUIRING COMMISSION TO ESTABLISH LINK TO

21 WEBSITES OF CLERK OF HOUSE AND SECRETARY OF

22 SENATE.—Section 304 of such Act (52 U.S.C. 30104), 

23 as amended by section 4002 and section 4208(a), is 

24 amended by adding at the end the following new sub25 section: 


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1 ‘‘(l) REQUIRING INFORMATION ON REGISTERED LOB2 BYISTS TO BE LINKED TO WEBSITES OF CLERK OF

3 HOUSE AND SECRETARY OF SENATE.— 

4 ‘‘(1) LINKS TO WEBSITES.—The Commission 

5 shall ensure that the Commission’s public database 

6 containing information described in paragraph (2) is 

7 linked electronically to the websites maintained by 

8 the Secretary of the Senate and the Clerk of the 

9 House of Representatives containing information 

10 filed pursuant to the Lobbying Disclosure Act of 

11 1995. 

12 ‘‘(2) INFORMATION DESCRIBED.—The informa13 tion described in this paragraph is each of the fol14 lowing: 

15 ‘‘(A) Information disclosed under para16 graph (9) of subsection (b). 

17 ‘‘(B) Information disclosed under subpara18 graph (D) of subsection (c)(2). 

19 ‘‘(C) Information disclosed under subpara20 graph (G) of subsection (f)(2).’’. 

21 SEC. 9203. EFFECTIVE DATE. 

22 The amendments made by this subtitle shall apply 

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1 tion of the 90-day period which begins on the date of the 

2 enactment of this Act. 

3 Subtitle D—Access to 

4 Congressionally Mandated Reports 

5 SEC. 9301. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘Access to Congres7 sionally Mandated Reports Act’’. 

8 SEC. 9302. DEFINITIONS. 

9 In this subtitle: 

10 (1) CONGRESSIONALLY MANDATED REPORT.— 

11 The term ‘‘congressionally mandated report’’— 

12 (A) means a report that is required to be 

13 submitted to either House of Congress or any 

14 committee of Congress, or subcommittee there15 of, by a statute, resolution, or conference report 

16 that accompanies legislation enacted into law; 

17 and 

18 (B) does not include a report required 

19 under part B of subtitle II of title 36, United 

20 States Code. 

21 (2) DIRECTOR.—The term ‘‘Director’’ means 

22 the Director of the Government Publishing Office. 

23 (3) FEDERAL AGENCY.—The term ‘‘Federal 

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1 tion 102 of title 40, United States Code, but does 

2 not include the Government Accountability Office. 

3 (4) OPEN FORMAT.—The term ‘‘open format’’ 

4 means a file format for storing digital data based on 

5 an underlying open standard that— 

6 (A) is not encumbered by any restrictions 

7 that would impede reuse; and 

8 (B) is based on an underlying open data 

9 standard that is maintained by a standards or10 ganization. 

11 (5) REPORTS ONLINE PORTAL.—The term ‘‘re12 ports online portal’’ means the online portal estab13 lished under section 9303(a). 

14 SEC. 9303. ESTABLISHMENT OF ONLINE PORTAL FOR CON15 GRESSIONALLY MANDATED REPORTS. 

16 (a) REQUIREMENT TO ESTABLISH ONLINE POR17 TAL.— 

18 (1) IN GENERAL.—Not later than 1 year after 

19 the date of enactment of this Act, the Director shall 

20 establish and maintain an online portal accessible by 

21 the public that allows the public to obtain electronic 

22 copies of all congressionally mandated reports in one 

23 place. The Director may publish other reports on the 

24 online portal. 


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1 (2) EXISTING FUNCTIONALITY.—To the extent 

2 possible, the Director shall meet the requirements 

3 under paragraph (1) by using existing online portals 

4 and functionality under the authority of the Direc5 tor. 

6 (3) CONSULTATION.—In carrying out this sub7 title, the Director shall consult with the Clerk of the 

8 House of Representatives, the Secretary of the Sen9 ate, and the Librarian of Congress regarding the re10 quirements for and maintenance of congressionally 

11 mandated reports on the reports online portal. 

12 (b) CONTENT AND FUNCTION.—The Director shall 

13 ensure that the reports online portal includes the fol14 lowing: 

15 (1) Subject to subsection (c), with respect to 

16 each congressionally mandated report, each of the 

17 following: 

18 (A) A citation to the statute, conference 

19 report, or resolution requiring the report. 

20 (B) An electronic copy of the report, in21 cluding any transmittal letter associated with 

22 the report, in an open format that is platform 

23 independent and that is available to the public 

24 without restrictions, including restrictions that 


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1 would impede the re-use of the information in 

2 the report. 

3 (C) The ability to retrieve a report, to the 

4 extent practicable, through searches based on 

5 each, and any combination, of the following: 

6 (i) The title of the report. 

7 (ii) The reporting Federal agency. 

8 (iii) The date of publication. 

9 (iv) Each congressional committee re10 ceiving the report, if applicable. 

11 (v) The statute, resolution, or con12 ference report requiring the report. 

13 (vi) Subject tags. 

14 (vii) A unique alphanumeric identifier 

15 for the report that is consistent across re16 port editions. 

17 (viii) The serial number, Super18 intendent of Documents number, or other 

19 identification number for the report, if ap20 plicable. 

21 (ix) Key words. 

22 (x) Full text search. 

23 (xi) Any other relevant information 

24 specified by the Director. 


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1 (D) The date on which the report was re2 quired to be submitted, and on which the report 

3 was submitted, to the reports online portal. 

4 (E) Access to the report not later than 30 

5 calendar days after its submission to Congress. 

6 (F) To the extent practicable, a permanent 

7 means of accessing the report electronically. 

8 (2) A means for bulk download of all congres9 sionally mandated reports. 

10 (3) A means for downloading individual reports 

11 as the result of a search. 

12 (4) An electronic means for the head of each 

13 Federal agency to submit to the reports online por14 tal each congressionally mandated report of the 

15 agency, as required by section 9304. 

16 (5) In tabular form, a list of all congressionally 

17 mandated reports that can be searched, sorted, and 

18 downloaded by— 

19 (A) reports submitted within the required 

20 time; 

21 (B) reports submitted after the date on 

22 which such reports were required to be sub23 mitted; and 

24 (C) reports not submitted. 

25 (c) NONCOMPLIANCE BY FEDERAL AGENCIES.— 


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1 (1) REPORTS NOT SUBMITTED.—If a Federal 

2 agency does not submit a congressionally mandated 

3 report to the Director, the Director shall to the ex4 tent practicable— 

5 (A) include on the reports online portal— 

6 (i) the information required under 

7 clauses (i), (ii), (iv), and (v) of subsection 

8 (b)(1)(C); and 

9 (ii) the date on which the report was 

10 required to be submitted; and 

11 (B) include the congressionally mandated 

12 report on the list described in subsection 

13 (b)(5)(C). 

14 (2) REPORTS NOT IN OPEN FORMAT.—If a Fed15 eral agency submits a congressionally mandated re16 port that is not in an open format, the Director shall 

17 include the congressionally mandated report in an18 other format on the reports online portal. 

19 (d) FREE ACCESS.—The Director may not charge a 

20 fee, require registration, or impose any other limitation 

21 in exchange for access to the reports online portal. 

22 (e) UPGRADE CAPABILITY.—The reports online por23 tal shall be enhanced and updated as necessary to carry 

24 out the purposes of this subtitle. 


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1 SEC. 9304. FEDERAL AGENCY RESPONSIBILITIES. 

2 (a) SUBMISSION OF ELECTRONIC COPIES OF RE3 PORTS.—Concurrently with the submission to Congress of 

4 each congressionally mandated report, the head of the 

5 Federal agency submitting the congressionally mandated 

6 report shall submit to the Director the information re7 quired under subparagraphs (A) through (D) of section 

8 9303(b)(1) with respect to the congressionally mandated 

9 report. Nothing in this subtitle shall relieve a Federal 

10 agency of any other requirement to publish the congres11 sionally mandated report on the online portal of the Fed12 eral agency or otherwise submit the congressionally man13 dated report to Congress or specific committees of Con14 gress, or subcommittees thereof. 

15 (b) GUIDANCE.—Not later than 240 days after the 

16 date of enactment of this Act, the Director of the Office 

17 of Management and Budget, in consultation with the Di18 rector, shall issue guidance to agencies on the implementa19 tion of this subtitle. 

20 (c) STRUCTURE OF SUBMITTED REPORT DATA.— 

21 The head of each Federal agency shall ensure that each 

22 congressionally mandated report submitted to the Director 

23 complies with the open format criteria established by the 

24 Director in the guidance issued under subsection (b). 


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1 (d) POINT OF CONTACT.—The head of each Federal 

2 agency shall designate a point of contact for congression3 ally mandated report. 

4 (e) LIST OF REPORTS.—As soon as practicable each 

5 calendar year (but not later than April 1), and on a rolling 

6 basis during the year if feasible, the Librarian of Congress 

7 shall submit to the Director a list of congressionally man8 dated reports from the previous calendar year, in consulta9 tion with the Clerk of the House of Representatives, which 

10 shall— 

11 (1) be provided in an open format; 

12 (2) include the information required under 

13 clauses (i), (ii), (iv), and (v) of section 

14 9303(b)(1)(C) for each report; 

15 (3) include the frequency of the report; 

16 (4) include a unique alphanumeric identifier for 

17 the report that is consistent across report editions; 

18 (5) include the date on which each report is re19 quired to be submitted; and 

20 (6) be updated and provided to the Director, as 

21 necessary. 

22 SEC. 9305. REMOVING AND ALTERING REPORTS. 

23 A report submitted to be published to the reports on24 line portal may only be changed or removed, with the exVerDate Sep 11 2014 00:08 Feb 08, 2022 Jkt 029200 PO 00000 Frm 00875 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RDS H1

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1 ception of technical changes, by the head of the Federal 

2 agency concerned if— 

3 (1) the head of the Federal agency consults 

4 with each congressional committee to which the re5 port is submitted; and 

6 (2) Congress enacts a joint resolution author7 izing the changing or removal of the report. 

8 SEC. 9306. RELATIONSHIP TO THE FREEDOM OF INFORMA9 TION ACT. 

10 (a) IN GENERAL.—Nothing in this subtitle shall be 

11 construed to— 

12 (1) require the disclosure of information or 

13 records that are exempt from public disclosure under 

14 section 552 of title 5, United States Code; or 

15 (2) to impose any affirmative duty on the Di16 rector to review congressionally mandated reports 

17 submitted for publication to the reports online portal 

18 for the purpose of identifying and redacting such in19 formation or records. 

20 (b) REDACTION OF INFORMATION.—The head of a 

21 Federal agency may redact information required to be dis22 closed under this subtitle if the information would be prop23 erly withheld from disclosure under section 552 of title 

24 5, United States Code, and shall— 


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1 (1) redact information required to be disclosed 

2 under this subtitle if disclosure of such information 

3 is prohibited by law; 

4 (2) redact information being withheld under 

5 this subsection prior to submitting the information 

6 to the Director; 

7 (3) redact only such information properly with8 held under this subsection from the submission of 

9 information or from any congressionally mandated 

10 report submitted under this subtitle; 

11 (4) identify where any such redaction is made 

12 in the submission or report; and 

13 (5) identify the exemption under which each 

14 such redaction is made. 

15 SEC. 9307. IMPLEMENTATION. 

16 Except as provided in section 9304(b), this subtitle 

17 shall be implemented not later than 1 year after the date 

18 of enactment of this Act and shall apply with respect to 

19 congressionally mandated reports submitted to Congress 

20 on or after the date that is 1 year after such date of enact21 ment. 


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1 Subtitle E—Reports on Outside 

2 Compensation Earned by Con3 gressional Employees 

4 SEC. 9401. REPORTS ON OUTSIDE COMPENSATION EARNED 

5 BY CONGRESSIONAL EMPLOYEES. 

6 (a) REPORTS.—The supervisor of an individual who 

7 performs services for any Member, committee, or other of8 fice of the Senate or House of Representatives for a period 

9 in excess of four weeks and who receives compensation 

10 therefor from any source other than the Federal Govern11 ment shall submit a report identifying the identity of the 

12 source, amount, and rate of such compensation to— 

13 (1) the Select Committee on Ethics of the Sen14 ate, in the case of an individual who performs serv15 ices for a Member, committee, or other office of the 

16 Senate; or 

17 (2) the Committee on Ethics of the House of 

18 Representatives, in the case of an individual who 

19 performs services for a Member (including a Dele20 gate or Resident Commissioner to the Congress), 

21 committee, or other office of the House. 

22 (b) TIMING.—The supervisor shall submit the report 

23 required under subsection (a) with respect to an indi24 vidual— 


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1 (1) when such individual first begins per2 forming services described in such subparagraph; 

3 (2) at the close of each calendar quarter during 

4 which such individual is performing such services; 

5 and 

6 (3) when such individual ceases to perform such 

7 services. 

8 Subtitle F—Severability 

9 SEC. 9501. SEVERABILITY. 

10 If any provision of this title or amendment made by 

11 this title, or the application of a provision or amendment 

12 to any person or circumstance, is held to be unconstitu13 tional, the remainder of this title and amendments made 

14 by this title, and the application of the provisions and 

15 amendment to any person or circumstance, shall not be 

16 affected by the holding. 

17 TITLE X—PRESIDENTIAL AND 

18 VICE PRESIDENTIAL TAX 

19 TRANSPARENCY 

Sec. 10001. Presidential and Vice Presidential tax transparency. 

20 SEC. 10001. PRESIDENTIAL AND VICE PRESIDENTIAL TAX 

21 TRANSPARENCY. 

22 (a) DEFINITIONS.—In this section— 


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1 (1) The term ‘‘covered candidate’’ means a can2 didate of a major party in a general election for the 

3 office of President or Vice President. 

4 (2) The term ‘‘major party’’ has the meaning 

5 given the term in section 9002 of the Internal Rev6 enue Code of 1986. 

7 (3) The term ‘‘income tax return’’ means, with 

8 respect to an individual, any return (as such term is 

9 defined in section 6103(b)(1) of the Internal Rev10 enue Code of 1986, except that such term shall not 

11 include declarations of estimated tax) of— 

12 (A) such individual, other than information 

13 returns issued to persons other than such indi14 vidual; or 

15 (B) of any corporation, partnership, or 

16 trust in which such individual holds, directly or 

17 indirectly, a significant interest as the sole or 

18 principal owner or the sole or principal bene19 ficial owner (as such terms are defined in regu20 lations prescribed by the Secretary of the 

21 Treasury or his delegate). 

22 (4) The term ‘‘Secretary’’ means the Secretary 

23 of the Treasury or the delegate of the Secretary. 

24 (b) DISCLOSURE.— 

25 (1) IN GENERAL.— 


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1 (A) CANDIDATES FOR PRESIDENT AND

2 VICE PRESIDENT.—Not later than the date that 

3 is 15 days after the date on which an individual 

4 becomes a covered candidate, the individual 

5 shall submit to the Federal Election Commis6 sion a copy of the individual’s income tax re7 turns for the 10 most recent taxable years for 

8 which a return has been filed with the Internal 

9 Revenue Service. 

10 (B) PRESIDENT AND VICE PRESIDENT.— 

11 With respect to an individual who is the Presi12 dent or Vice President, not later than the due 

13 date for the return of tax for each taxable year, 

14 such individual shall submit to the Federal 

15 Election Commission a copy of the individual’s 

16 income tax returns for the taxable year and for 

17 the 9 preceding taxable years. 

18 (C) TRANSITION RULE FOR SITTING PRESI19 DENTS AND VICE PRESIDENTS.—Not later than 

20 the date that is 30 days after the date of enact21 ment of this section, an individual who is the 

22 President or Vice President on such date of en23 actment shall submit to the Federal Election 

24 Commission a copy of the income tax returns 

25 for the 10 most recent taxable years for which 


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1 a return has been filed with the Internal Rev2 enue Service. 

3 (2) FAILURE TO DISCLOSE.—If any require4 ment under paragraph (1) to submit an income tax 

5 return is not met, the chairman of the Federal Elec6 tion Commission shall submit to the Secretary a 

7 written request that the Secretary provide the Fed8 eral Election Commission with the income tax re9 turn. 

10 (3) PUBLICLY AVAILABLE.—The chairman of 

11 the Federal Election Commission shall make publicly 

12 available each income tax return submitted under 

13 paragraph (1) in the same manner as a return pro14 vided under section 6103(l)(23) of the Internal Rev15 enue Code of 1986 (as added by this section). 

16 (4) TREATMENT AS A REPORT UNDER THE

17 FEDERAL ELECTION CAMPAIGN ACT OF 1971.—For 

18 purposes of the Federal Election Campaign Act of 

19 1971, any income tax return submitted under para20 graph (1) or provided under section 6103(l)(23) of 

21 the Internal Revenue Code of 1986 (as added by 

22 this section) shall, after redaction under paragraph 

23 (3) or subparagraph (B)(ii) of such section, be treat24 ed as a report filed under the Federal Election Cam25 paign Act of 1971. 


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1 (c) DISCLOSURE OF RETURNS OF PRESIDENTS AND

2 VICE PRESIDENTS AND CERTAIN CANDIDATES FOR

3 PRESIDENT AND VICE PRESIDENT.— 

4 (1) IN GENERAL.—Section 6103(l) of the Inter5 nal Revenue Code of 1986 is amended by adding at 

6 the end the following new paragraph: 

7 ‘‘(23) DISCLOSURE OF RETURN INFORMATION

8 OF PRESIDENTS AND VICE PRESIDENTS AND CER9 TAIN CANDIDATES FOR PRESIDENT AND VICE PRESI10 DENT.— 

11 ‘‘(A) IN GENERAL.—Upon written request 

12 by the chairman of the Federal Election Com13 mission under section 10001(b)(2) of the For 

14 the People Act of 2021, not later than the date 

15 that is 15 days after the date of such request, 

16 the Secretary shall provide copies of any return 

17 which is so requested to officers and employees 

18 of the Federal Election Commission whose offi19 cial duties include disclosure or redaction of 

20 such return under this paragraph. 

21 ‘‘(B) DISCLOSURE TO THE PUBLIC.— 

22 ‘‘(i) IN GENERAL.—The chairman of 

23 the Federal Election Commission shall 

24 make publicly available any return which is 

25 provided under subparagraph (A). 


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1 ‘‘(ii) REDACTION OF CERTAIN INFOR2 MATION.—Before making publicly available 

3 under clause (i) any return, the chairman 

4 of the Federal Election Commission shall 

5 redact such information as the Federal 

6 Election Commission and the Secretary 

7 jointly determine is necessary for pro8 tecting against identity theft, such as so9 cial security numbers.’’. 

10 (2) CONFORMING AMENDMENTS.—Section 

11 6103(p)(4) of such Code is amended— 

12 (A) in the matter preceding subparagraph 

13 (A) by striking ‘‘or (22)’’ and inserting ‘‘(22), 

14 or (23)’’; and 

15 (B) in subparagraph (F)(ii) by striking ‘‘or 

16 (22)’’ and inserting ‘‘(22), or (23)’’. 

17 (3) EFFECTIVE DATE.—The amendments made 

18 by this subsection shall apply to disclosures made on 

19 or after the date of enactment of this Act. 

Passed the House of Representatives March 3, 

2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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