I 

117TH CONGRESS 

1ST SESSION H. R. 1 

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

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

implement other anti-corruption measures for the purpose of fortifying 

our democracy, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2021 

Mr. SARBANES (for himself, Ms. PELOSI, and Ms. LOFGREN) introduced the 

following bill; which was referred to the Committee on House Administration, and in addition to the Committees on Intelligence (Permanent Select), the Judiciary, Oversight and Reform, Science, Space, and Technology, Education and Labor, Ways and Means, Financial Services, Ethics, Homeland Security, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

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

influence of big money in politics, strengthen ethics rules 

for public servants, and implement other anti-corruption 

measures for the purpose of fortifying our democracy, 

and for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 of 2021’’. 

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

5 CONTENTS. 

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

7 as follows: 

8 (1) Division A—Voting. 

9 (2) Division B—Campaign Finance 

10 (3) Division C—Ethics. 

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

12 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. Effective date. 

PART 2—AUTOMATIC VOTER REGISTRATION

Sec. 1011. Short title; findings and purpose. 

Sec. 1012. Automatic registration of eligible individuals. 


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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. 

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


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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. 

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 


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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. 

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. Effective date. 

Subtitle K—Poll Worker Recruitment and Training 

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

Sec. 1802. State defined. 

Subtitle L—Enhancement of Enforcement 

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

Subtitle M—Federal Election Integrity 

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

Subtitle N—Promoting Voter Access Through Election Administration 

Improvements 

PART 1—PROMOTING VOTER ACCESS

Sec. 1901. Treatment of institutions of higher education. 

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

place changes. 

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

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

Sec. 1905. 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. 

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


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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 3—MISCELLANEOUS PROVISIONS

Sec. 1931. Application of laws to Commonwealth of Northern Mariana Islands. 

Sec. 1932. Definition of election for Federal office. 

Sec. 1933. No effect on other laws. 

Subtitle O—Severability 

Sec. 1941. Severability. 

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. 

Subtitle E—Redistricting Reform 

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

PART 1—REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING

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

of independent State commission. 

Sec. 2402. Ban on mid-decade redistricting. 

PART 2—INDEPENDENT REDISTRICTING COMMISSIONS

Sec. 2411. Independent redistricting commission. 

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

members of commission. 

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

Sec. 2414. Establishment of related entities. 

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

commissions. 


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PART 3—ROLE OF COURTS IN DEVELOPMENT OF REDISTRICTING PLANS

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

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

court. 

PART 4—ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

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

Sec. 2432. Civil enforcement. 

Sec. 2433. State apportionment notice defined. 

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

Sec. 2435. Effective date. 

Subtitle F—Saving Eligible Voters From Voter Purging 

Sec. 2501. Short title. 

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

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

Opportunities for Voting 

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

voting. 

Subtitle H—Residence of Incarcerated Individuals 

Sec. 2701. Residence of incarcerated individuals. 

Subtitle I—Severability 

Sec. 2801. Severability. 

Title III—Election Security 

Sec. 3000. Short title; sense of Congress. 

Subtitle A—Financial Support for Election Infrastructure 

PART 1—VOTING SYSTEM SECURITY IMPROVEMENT GRANTS

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

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

under Help America Vote Act of 2002. 

Sec. 3003. Incorporation of definitions. 

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

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

elections. 

Sec. 3012. GAO analysis of effects of audits. 

PART 3—ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM

Sec. 3021. Election infrastructure innovation grant program. 

Subtitle B—Security Measures 


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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. 

Subtitle E—Preventing Election Hacking 

Sec. 3401. Short title. 

Sec. 3402. Election Security Bug Bounty Program. 

Subtitle F—Election Security Grants Advisory Committee 

Sec. 3501. Establishment of advisory committee. 

Subtitle G—Miscellaneous Provisions 

Sec. 3601. Definitions. 

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

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

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

Subtitle I—Severability 

Sec. 3801. Severability. 

Division B—Campaign Finance 

Title IV—Campaign Finance Transparency 

Subtitle A—Establishing Duty To Report Foreign Election Interference 

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

Sec. 4002. Federal campaign reporting of foreign contacts. 

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

Sec. 4004. Criminal penalties. 

Sec. 4005. Report to congressional intelligence committees. 

Sec. 4006. Rule of construction. 

Subtitle B—DISCLOSE Act 

Sec. 4100. Short title. 


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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. 

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. 

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. 


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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. 

PART 2—INADMISSIBILITY AND DEPORTABILITY OF ALIENS ENGAGING IN

IMPROPER ELECTION INTERFERENCE

Sec. 4411. Inadmissibility and deportability of aliens engaging in improper interference in United States elections. 

PART 3—NOTIFYING STATES OF DISINFORMATION CAMPAIGNS BY FOREIGN

NATIONALS

Sec. 4421. Notifying States of disinformation campaigns by foreign nationals. 

PART 4—PROHIBITING USE OF DEEPFAKES IN ELECTION CAMPAIGNS

Sec. 4431. Prohibition on distribution of materially deceptive audio or visual 

media prior to election. 

PART 5—ASSESSMENT OF EXEMPTION OF REGISTRATION REQUIREMENTS

UNDER FARA FOR REGISTERED LOBBYISTS

Sec. 4441. 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 revenue procedure that eliminated requirement to report 

information regarding contributors to certain tax-exempt organizations. 

Subtitle G—Shareholder Right-to-Know 

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

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

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

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. 


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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. 

‘‘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. 


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‘‘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. 

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 


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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. Effective date; transition. 

Subtitle B—Stopping Super PAC-Candidate Coordination 

Sec. 6101. Short title. 

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

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

Subtitle C—Disposal of Contributions or Donations 

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

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

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

Election 

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

Subtitle E—Severability 

Sec. 6401. Severability. 

Division C—Ethics 

Title VII—Ethical Standards 

Subtitle A—Supreme Court Ethics 

Sec. 7001. Code of conduct for Federal judges. 

Subtitle B—Foreign Agents Registration 

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

Department of Justice. 

Sec. 7102. Authority to impose civil money penalties. 

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

Sec. 7104. Ensuring online access to registration statements. 


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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. 

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. 


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

contravention of certain regulations. 

Sec. 8037. Reports on cost of Presidential travel. 

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

Subtitle E—Conflicts From Political Fundraising 

Sec. 8041. Short title. 

Sec. 8042. Disclosure of certain types of contributions. 

Subtitle F—Transition Team Ethics 

Sec. 8051. Short title. 

Sec. 8052. Presidential transition ethics programs. 

Subtitle G—Ethics Pledge For Senior Executive Branch Employees 

Sec. 8061. Short title. 

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

Subtitle H—Travel on Private Aircraft by Senior Political Appointees 

Sec. 8071. Short title. 

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

Subtitle I—Severability 

Sec. 8081. Severability. 

Title IX—Congressional Ethics Reform 

Subtitle A—Requiring Members of Congress To Reimburse Treasury for 

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

Sec. 9001. Requiring Members of Congresst 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. 


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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 

5 right to vote, to regulate elections for Federal office, and 

6 to defend the Nation’s democratic process. Congress en7 acts the ‘‘For the People Act of 2021’’ pursuant to this 

8 broad authority, including but not limited to the following: 

9 (1) Congress finds that it has broad authority 

10 to regulate the time, place, and manner of congres11 sional elections under the Elections Clause of the 

12 Constitution, article I, section 4, clause 1. The Su13 preme Court has affirmed that the ‘‘substantive 

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

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

16 words which embrace authority to provide for a com17 plete code for congressional elections’’; and ‘‘[t]he 

18 power of Congress over the Times, Places and ManVerDate Sep 11 2014 18:47 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

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1 ner of congressional elections is paramount, and may 

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

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

4 no farther, the regulations effected supersede those 

5 of the State which are inconsistent therewith’’. Ari6 zona v. Inter Tribal Council of Arizona, 570 U.S. 1, 

7 8–9 (2013) (internal quotation marks and citations 

8 omitted). Indeed, ‘‘Congress has plenary and para9 mount jurisdiction over the whole subject’’ of con10 gressional elections, Ex parte Siebold, 100 U.S. (10 

11 Otto) 371, 388 (1879), and this power ‘‘may be ex12 ercised as and when Congress sees fit’’, and ‘‘so far 

13 as it extends and conflicts with the regulations of 

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

15 Among other things, Congress finds that the Elec16 tions Clause was intended to ‘‘vindicate the people’s 

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

18 Wesberry v. Sanders, 376 U.S. 1, 16 (1964). 

19 (2) Congress also finds that it has both the au20 thority and responsibility, as the legislative body for 

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

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

23 United States shall guarantee to every State in this 

24 Union a Republican Form of Government[.]’’. Con25 gress finds that its authority and responsibility to 


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1 enforce the Guarantee Clause is particularly strong 

2 given that Federal courts have not enforced this 

3 clause because they understood that its enforcement 

4 is committed to Congress by the Constitution. 

5 (3)(A) Congress also finds that it has broad au6 thority pursuant to section 5 of the Fourteenth 

7 Amendment to legislate to enforce the provisions of 

8 the Fourteenth Amendment, including its protec9 tions of the right to vote and the democratic process. 

10 (B) Section 1 of the Fourteenth Amendment 

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

12 the most fundamental significance under our con13 stitutional structure’’. Ill. Bd. of Election v. Socialist 

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

15 United States v. Classic, 313 U.S. 299 (1941) (‘‘Ob16 viously included within the right to choose, secured 

17 by the Constitution, is the right of qualified voters 

18 within a state to cast their ballots and have them 

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

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

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

22 (1886). Section 2 of the Fourteenth Amendment 

23 also protects the right to vote, granting Congress 

24 additional authority to reduce a State’s representa25 tion in Congress when the right to vote is denied. 


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

2 authority pursuant to section 5 of the Fourteenth 

3 Amendment to protect the right to vote. Congress 

4 also finds that States and localities have eroded ac5 cess to the right to vote through restrictions on the 

6 right to vote including excessively onerous voter 

7 identification requirements, burdensome voter reg8 istration procedures, voter purges, limited and un9 equal access to voting by mail, polling place closures, 

10 unequal distribution of election resources, and other 

11 impediments. 

12 (D) Congress also finds that ‘‘the right of suf13 frage can be denied by a debasement or dilution of 

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

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

16 Reynolds v. Sims, 377 U.S. 533, 555 (1964). Con17 gress finds that the right of suffrage has been so di18 luted and debased by means of gerrymandering of 

19 districts. Congress finds that it has authority pursu20 ant to section 5 of the Fourteenth Amendment to 

21 remedy this debasement. 

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

23 to legislate to eliminate racial discrimination in vot24 ing and the democratic process pursuant to both sec25 tion 5 of the Fourteenth Amendment, which grants 


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

2 Fifteenth Amendment, which explicitly bars denial 

3 or abridgment of the right to vote on account of 

4 race, color, or previous condition of servitude. 

5 (B) Congress finds that racial discrimination in 

6 access to voting and the political process persists. 

7 Voting restrictions, redistricting, and other electoral 

8 practices and processes continue to disproportion9 ately impact communities of color in the United 

10 States and do so as a result of both intentional ra11 cial discrimination, structural racism, and the ongo12 ing structural socioeconomic effects of historical ra13 cial discrimination. 

14 (C) Recent elections and studies have shown 

15 that minority communities wait longer in lines to 

16 vote, are more likely to have their mail ballots re17 jected, continue to face intimidation at the polls, are 

18 more likely to be disenfranchised by voter purges, 

19 and are disproportionately burdened by voter identi20 fication and other voter restrictions. Research shows 

21 that communities of color are more likely to face 

22 nearly every barrier to voting than their white coun23 terparts. 

24 (D) Congress finds that racial disparities in dis25 enfranchisement due to past felony convictions is 


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1 particularly stark. In 2020, according to the Sen2 tencing Project, an estimated 5,200,000 Americans 

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

4 African Americans of voting age is disenfranchised, 

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

6 Americans. In seven States–Alabama, Florida, Ken7 tucky, Mississippi, Tennessee, Virginia, and Wyo8 ming–more than one in seven African Americans is 

9 disenfranchised, twice the national average for Afri10 can Americans. Congress finds that felony disenfran11 chisement was one of the tools of intentional racial 

12 discrimination during the Jim Crow era. Congress 

13 further finds that current racial disparities in felony 

14 disenfranchisement are linked to this history of voter 

15 suppression, structural racism in the criminal justice 

16 system, and ongoing effects of historical discrimina17 tion. 

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

19 power to protect the right to vote from denial or 

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

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

22 Twenty-Fourth, and Twenty-Sixth Amendments. 

23 (B) Congress finds that electoral practices in24 cluding voting rights restoration conditions for peo25 ple with convictions, voter identification requireVerDate Sep 11 2014 18:47 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

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1 ments, and other restrictions to the franchise burden 

2 voters on account of their ability to pay. 

3 (C) Congress further finds that electoral prac4 tices including voting restrictions related to college 

5 campuses, age restrictions on mail voting, and simi6 lar practices burden the right to vote on account of 

7 age. 

8 SEC. 4. STANDARDS FOR JUDICIAL REVIEW. 

9 (a) IN GENERAL.—If any action is brought for de10 claratory or injunctive relief to challenge, whether facially 

11 or as-applied, the constitutionality of any provision of this 

12 Act or any amendment made by this Act or any rule or 

13 regulation promulgated under this Act, the following rules 

14 shall apply: 

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

16 States District Court for the District of Columbia 

17 and an appeal from the decision of the district court 

18 may be taken to the Court of Appeals for the Dis19 trict of Columbia Circuit. 

20 (2) The party filing the action shall concur21 rently deliver a copy the complaint to the Clerk of 

22 the House of Representatives and the Secretary of 

23 the Senate. 

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

25 District Court for the District of Columbia, the 


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1 Court of Appeals for the District of Columbia Cir2 cuit, and the Supreme Court of the United States to 

3 advance on the docket and to expedite to the great4 est possible extent the disposition of the action and 

5 appeal. 

6 (b) INTERVENTION BY MEMBERS OF CONGRESS.—In 

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

8 House of Representatives (including a Delegate or Resi9 dent Commissioner to the Congress) or Senate shall have 

10 the right to intervene either in support of or opposition 

11 to the position of a party to the case regarding the con12 stitutionality of the provision. To avoid duplication of ef13 forts and reduce the burdens placed on the parties to the 

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

15 as it considers necessary, including orders to require 

16 interveners taking similar positions to file joint papers or 

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

18 DIVISION A—VOTING 

19 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. 


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

last 4 digits of Social Security number. 

Sec. 1006. 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. 

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


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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. 

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. 


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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. 

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. Effective date. 

Subtitle K—Poll Worker Recruitment and Training 

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

Sec. 1802. State defined. 

Subtitle L—Enhancement of Enforcement 

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

Subtitle M—Federal Election Integrity 

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

Subtitle N—Promoting Voter Access Through Election Administration 

Improvements 

PART 1—PROMOTING VOTER ACCESS

Sec. 1901. Treatment of institutions of higher education. 

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

place changes. 

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

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

Sec. 1905. 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. 


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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 3—MISCELLANEOUS PROVISIONS

Sec. 1931. Application of laws to Commonwealth of Northern Mariana Islands. 

Sec. 1932. Definition of election for Federal office. 

Sec. 1933. No effect on other laws. 

Subtitle O—Severability 

Sec. 1941. 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) all eligible citizens of the United States 

7 should access and exercise their constitutional right 

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

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

10 the voting process must be vigilantly protected, 

11 maintained, and enhanced in order to protect and 

12 preserve electoral and participatory democracy in the 

13 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 18:47 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH 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. EFFECTIVE DATE. 

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

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

17 amendments made by section 1004) shall take effect Jan18 uary 1, 2022. 

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

20 Assistance Commission, if a State certifies to the Election 

21 Assistance Commission that the State will not meet the 

22 deadline referred to in subsection (a) because of extraor23 dinary circumstances and includes in the certification the 

24 reasons for the failure to meet the deadline, subsection 

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


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

2 ‘‘January 1, 2024’’. 

3 PART 2—AUTOMATIC VOTER REGISTRATION 

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

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

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

7 (b) FINDINGS AND PURPOSE.— 

8 (1) FINDINGS.—Congress finds that— 

9 (A) the right to vote is a fundamental 

10 right of citizens of the United States; 

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

12 Federal Governments to ensure that every eligi13 ble citizen is registered to vote; 

14 (C) existing voter registration systems can 

15 be inaccurate, costly, inaccessible and con16 fusing, with damaging effects on voter partici17 pation in elections for Federal office and dis18 proportionate impacts on young people, persons 

19 with disabilities, and racial and ethnic minori20 ties; and 

21 (D) voter registration systems must be up22 dated with 21st Century technologies and pro23 cedures to maintain their security. 

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


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1 (A) to establish that it is the responsibility 

2 of government at every level to ensure that all 

3 eligible citizens are registered to vote in elec4 tions for Federal office; 

5 (B) to enable the State and Federal Gov6 ernments to register all eligible citizens to vote 

7 with accurate, cost-efficient, and up-to-date pro8 cedures; 

9 (C) to modernize voter registration and list 

10 maintenance procedures with electronic and 

11 internet capabilities; and 

12 (D) to protect and enhance the integrity, 

13 accuracy, efficiency, and accessibility of the 

14 electoral process for all eligible citizens. 

15 SEC. 1012. AUTOMATIC REGISTRATION OF ELIGIBLE INDI16 VIDUALS. 

17 (a) REQUIRING STATES TO ESTABLISH AND OPER18 ATE AUTOMATIC REGISTRATION SYSTEM.— 

19 (1) IN GENERAL.—The chief State election offi20 cial of each State shall establish and operate a sys21 tem of automatic registration for the registration of 

22 eligible individuals to vote for elections for Federal 

23 office in the State, in accordance with the provisions 

24 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; and 

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; 

21 (3) ensure that each such individual who is eli22 gible to register to vote in elections for Federal of23 fice in the State is promptly registered to vote not 

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1 less, during the 30-day period which begins on the 

2 date the election official sends the individual such 

3 written notice, the individual declines registration in 

4 writing, through a communication made over the 

5 internet, or by an officially logged telephone commu6 nication; and 

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

8 in addition to other means of notice established by 

9 this part, of the individual’s voter registration sta10 tus. 

11 (d) TREATMENT OF INDIVIDUALS UNDER 18 YEARS

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

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

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

15 at the time a contributing agency receives information 

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

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

18 previous sentence may be construed to require a State to 

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

20 time of an election for Federal office to vote in the elec21 tion. 

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

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

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


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1 SEC. 1013. CONTRIBUTING AGENCY ASSISTANCE IN REG2 ISTRATION. 

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

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

5 election official in registering to vote all eligible individuals 

6 served by that agency. 

7 (b) REQUIREMENTS FOR CONTRIBUTING AGEN8 CIES.— 

9 (1) INSTRUCTIONS ON AUTOMATIC REGISTRA10 TION.—With each application for service or assist11 ance, and with each related recertification, renewal, 

12 or change of address, or, in the case of an institu13 tion of higher education, with each registration of a 

14 student for enrollment in a course of study, each 

15 contributing agency that (in the normal course of its 

16 operations) requests individuals to affirm United 

17 States citizenship (either directly or as part of the 

18 overall application for service or assistance) shall in19 form each such individual who is a citizen of the 

20 United States of the following: 

21 (A) Unless that individual declines to reg22 ister to vote, or is found ineligible to vote, the 

23 individual will be registered to vote or, if appli24 cable, the individual’s registration will be up25 dated. 


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1 (B) The substantive qualifications of an 

2 elector in the State as listed in the mail voter 

3 registration application form for elections for 

4 Federal office prescribed pursuant to section 9 

5 of the National Voter Registration Act of 1993, 

6 the consequences of false registration, and the 

7 individual should decline to register if the indi8 vidual does not meet all those qualifications. 

9 (C) In the case of a State in which affili10 ation or enrollment with a political party is re11 quired in order to participate in an election to 

12 select the party’s candidate in an election for 

13 Federal office, the requirement that the indi14 vidual must affiliate or enroll with a political 

15 party in order to participate in such an election. 

16 (D) Voter registration is voluntary, and 

17 neither registering nor declining to register to 

18 vote will in any way affect the availability of 

19 services or benefits, nor be used for other pur20 poses. 

21 (2) OPPORTUNITY TO DECLINE REGISTRATION

22 REQUIRED.—Each contributing agency shall ensure 

23 that each application for service or assistance, and 

24 each related recertification, renewal, or change of 

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


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1 education, each registration of a student for enroll2 ment in a course of study, cannot be completed until 

3 the individual is given the opportunity to decline to 

4 be registered to vote. 

5 (3) INFORMATION TRANSMITTAL.—Upon the 

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

7 date the contributing agency informs the individual 

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

9 contributing agency shall electronically transmit to 

10 the appropriate State election official, in a format 

11 compatible with the statewide voter database main12 tained under section 303 of the Help America Vote 

13 Act of 2002 (52 U.S.C. 21083), the following infor14 mation, unless during such 30-day period the indi15 vidual declined to be registered to vote: 

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

17 surname(s). 

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

19 (C) The individual’s residential address. 

20 (D) Information showing that the indi21 vidual is a citizen of the United States. 

22 (E) The date on which information per23 taining to that individual was collected or last 

24 updated. 


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

2 in electronic form. 

3 (G) Information regarding the individual’s 

4 affiliation or enrollment with a political party, 

5 if the individual provides such information. 

6 (H) Any additional information listed in 

7 the mail voter registration application form for 

8 elections for Federal office prescribed pursuant 

9 to section 9 of the National Voter Registration 

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

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

12 social security number, if the individual pro13 vided such information. 

14 (c) ALTERNATE PROCEDURE FOR CERTAIN CON15 TRIBUTING AGENCIES.—With each application for service 

16 or assistance, and with each related recertification, re17 newal, or change of address, any contributing agency that 

18 in the normal course of its operations does not request 

19 individuals applying for service or assistance to affirm 

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

21 overall application for service or assistance) shall— 

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

23 of the National Voter Registration Act of 1993 (52 

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


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1 (2) ensure that each applicant’s transaction 

2 with the agency cannot be completed until the appli3 cant has indicated whether the applicant wishes to 

4 register to vote or declines to register to vote in elec5 tions for Federal office held in the State; and 

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

7 vote, transmit that individual’s information in ac8 cordance with subsection (b)(3). 

9 (d) REQUIRED AVAILABILITY OF AUTOMATIC REG10 ISTRATION OPPORTUNITY WITH EACH APPLICATION FOR

11 SERVICE OR ASSISTANCE.—Each contributing agency 

12 shall offer each individual, with each application for serv13 ice or assistance, and with each related recertification, re14 newal, or change of address, or in the case of an institu15 tion of higher education, with each registration of a stu16 dent for enrollment in a course of study, the opportunity 

17 to register to vote as prescribed by this section without 

18 regard to whether the individual previously declined a reg19 istration opportunity. 

20 (e) CONTRIBUTING AGENCIES.— 

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

22 the following agencies shall be treated as a contrib23 uting agency: 

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1 tion services, including the State motor vehicle 

2 authority and other voter registration agencies 

3 under the National Voter Registration Act of 

4 1993. 

5 (B) Each agency in a State that admin6 isters a program pursuant to title III of the So7 cial Security Act (42 U.S.C. 501 et seq.), title 

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

9 et seq.), or the Patient Protection and Afford10 able Care Act (Public Law 111–148). 

11 (C) Each State agency primarily respon12 sible for regulating the private possession of 

13 firearms. 

14 (D) Each State agency primarily respon15 sible for maintaining identifying information for 

16 students enrolled at public secondary schools, 

17 including, where applicable, the State agency 

18 responsible for maintaining the education data 

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

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

21 9871(e)(2)). 

22 (E) In the case of a State in which an in23 dividual disenfranchised by a criminal convic24 tion may become eligible to vote upon comple25 tion of a criminal sentence or any part thereof, 


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1 or upon formal restoration of rights, the State 

2 agency responsible for administering that sen3 tence, or part thereof, or that restoration of 

4 rights. 

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

6 designated by the State as a contributing agen7 cy. 

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

9 of the following agencies of the Federal Government 

10 shall be treated as a contributing agency with re11 spect to individuals who are residents of that State 

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

13 (A) The Social Security Administration, 

14 the Department of Veterans Affairs, the De15 fense Manpower Data Center of the Depart16 ment of Defense, the Employee and Training 

17 Administration of the Department of Labor, 

18 and the Center for Medicare & Medicaid Serv19 ices of the Department of Health and Human 

20 Services. 

21 (B) The Bureau of Citizenship and Immi22 gration Services, but only with respect to indi23 viduals who have completed the naturalization 

24 process. 


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

2 resident of a State in which an individual 

3 disenfranchised by a criminal conviction under 

4 Federal law may become eligible to vote upon 

5 completion of a criminal sentence or any part 

6 thereof, or upon formal restoration of rights, 

7 the Federal agency responsible for admin8 istering that sentence or part thereof (without 

9 regard to whether the agency is located in the 

10 same State in which the individual is a resi11 dent), but only with respect to individuals who 

12 have completed the criminal sentence or any 

13 part thereof. 

14 (D) Any other agency of the Federal Gov15 ernment which the State designates as a con16 tributing agency, but only if the State and the 

17 head of the agency determine that the agency 

18 collects information sufficient to carry out the 

19 responsibilities of a contributing agency under 

20 this section. 

21 (3) SPECIAL RULE FOR INSTITUTIONS OF HIGH22 ER EDUCATION.— 

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

24 part, each institution of higher education de25 scribed in subparagraph (B) shall be treated as 


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1 a contributing agency in the State in which it 

2 is located, except that— 

3 (i) the institution shall be treated as 

4 a contributing agency only if, in its normal 

5 course of operations, the institution re6 quests each student registering for enroll7 ment in a course of study, including enroll8 ment in a program of distance education, 

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

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

11 1003(7)), to affirm whether or not the stu12 dent is a United States citizen; and 

13 (ii) if the institution is treated as a 

14 contributing agency in a State pursuant to 

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

16 contributing agency only with respect to 

17 students, including students enrolled in a 

18 program of distance education, as defined 

19 in section 103(7) of the Higher Education 

20 Act of 1965 (20 U.S.C. 1003(7)), who re21 side in the State. 

22 (B) INSTITUTIONS DESCRIBED.—An insti23 tution described in this subparagraph is an in24 stitution of higher education which has a pro25 gram participation agreement in effect with the 


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1 Secretary of Education under section 487 of the 

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

3 1094) and which is located in a State to which 

4 section 4(b) of the National Voter Registration 

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

6 apply. 

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

8 prior to the date of each election for Federal office 

9 held in the State, the chief State election official 

10 shall publish on the public website of the official an 

11 updated list of all contributing agencies in that 

12 State. 

13 (5) PUBLIC EDUCATION.—The chief State elec14 tion official of each State, in collaboration with each 

15 contributing agency, shall take appropriate measures 

16 to educate the public about voter registration under 

17 this section. 

18 SEC. 1014. ONE-TIME CONTRIBUTING AGENCY ASSISTANCE 

19 IN REGISTRATION OF ELIGIBLE VOTERS IN 

20 EXISTING RECORDS. 

21 (a) INITIAL TRANSMITTAL OF INFORMATION.—For 

22 each individual already listed in a contributing agency’s 

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

24 whom the agency has the information listed in section 

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1 mation to the appropriate State election official in accord2 ance with section 1013(b)(3) not later than the effective 

3 date described in section 1021(a). 

4 (b) TRANSITION.—For each individual listed in a con5 tributing agency’s records as of the effective date de6 scribed in section 1021(a) (but who was not listed in a 

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

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

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

10 transmit that information to the appropriate State election 

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

12 than 6 months after the effective date described in section 

13 1021(a). 

14 SEC. 1015. VOTER PROTECTION AND SECURITY IN AUTO15 MATIC REGISTRATION. 

16 (a) PROTECTIONS FOR ERRORS IN REGISTRATION.— 

17 An individual shall not be prosecuted under any Federal 

18 or State law, adversely affected in any civil adjudication 

19 concerning immigration status or naturalization, or sub20 ject to an allegation in any legal proceeding that the indi21 vidual is not a citizen of the United States on any of the 

22 following grounds: 

23 (1) The individual notified an election office of 

24 the individual’s automatic registration to vote under 

25 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 and the District of Columbia. 

19 SEC. 1021. EFFECTIVE DATE. 

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

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

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

23 (b) WAIVER.—Subject to the approval of the Com24 mission, if a State certifies to the Commission that the 

25 State will not meet the deadline referred to in subsection 


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1 (a) because of extraordinary circumstances and includes 

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

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

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

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

6 PART 3—SAME DAY VOTER REGISTRATION 

7 SEC. 1031. SAME DAY REGISTRATION. 

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

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

10 (1) by redesignating sections 304 and 305 as 

11 sections 305 and 306; and 

12 (2) by inserting after section 303 the following 

13 new section: 

14 ‘‘SEC. 304. SAME DAY REGISTRATION. 

15 ‘‘(a) IN GENERAL.— 

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

17 any eligible individual on the day of a Federal elec18 tion and on any day when voting, including early 

19 voting, is permitted for a Federal election— 

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

21 the polling place using a form that meets the 

22 requirements under section 9(b) of the National 

23 Voter Registration Act of 1993 (or, if the indi24 vidual is already registered to vote, to revise 


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1 any of the individual’s voter registration infor2 mation); and 

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

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

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

6 under a State law in effect continuously on and after 

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

8 voter registration requirement for individuals in the 

9 State with respect to elections for Federal office. 

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

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

12 to any election for Federal office, an individual who is oth13 erwise qualified to vote in that election. 

14 ‘‘(c) EFFECTIVE DATE.—Each State shall be re15 quired to comply with the requirements of subsection (a) 

16 for the regularly scheduled general election for Federal of17 fice occurring in November 2022 and for any subsequent 

18 election for Federal office.’’. 

19 (b) CONFORMING AMENDMENT RELATING TO EN20 FORCEMENT.—Section 401 of such Act (52 U.S.C. 21111) 

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

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

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

24 of such Act is amended— 


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1 (1) by redesignating the items relating to sec2 tions 304 and 305 as relating to sections 305 and 

3 306; and 

4 (2) by inserting after the item relating to sec5 tion 303 the following new item: 

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

6 PART 4—CONDITIONS ON REMOVAL ON BASIS OF 

7 INTERSTATE CROSS-CHECKS 

8 SEC. 1041. CONDITIONS ON REMOVAL OF REGISTRANTS 

9 FROM OFFICIAL LIST OF ELIGIBLE VOTERS 

10 ON BASIS OF INTERSTATE CROSS-CHECKS. 

11 (a) MINIMUM INFORMATION REQUIRED FOR RE12 MOVAL UNDER CROSS-CHECK.—Section 8(c)(2) of the 

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

14 20507(c))(2)) is amended— 

15 (1) by redesignating subparagraph (B) as sub16 paragraph (D); and 

17 (2) by inserting after subparagraph (A) the fol18 lowing new subparagraphs: 

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

20 a State under subparagraph (A) to systematically remove 

21 the names of ineligible voters from the official lists of eligi22 ble voters uses information obtained in an interstate cross23 check, in addition to any other conditions imposed under 

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


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

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

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

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

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

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

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

8 ERIC system that the voter is no longer a resident 

9 of the State. 

10 ‘‘(C) In this paragraph— 

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

12 transmission of information from an election official 

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

14 and 

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

16 operated by the Electronic Registration Information 

17 Center to share voter registration information and 

18 voter identification information among participating 

19 States.’’. 

20 (b) REQUIRING COMPLETION OF CROSS-CHECKS NOT

21 LATER THAN 6 MONTHS PRIOR TO ELECTION.—Sub22 paragraph (A) of section 8(c)(2) of such Act (52 U.S.C. 

23 20507(c)(2)) is amended by striking ‘‘not later than 90 

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


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1 (or, in the case of a program in which the State uses inter2 state cross-checks, not later than 6 months)’’. 

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

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

5 as redesignated by subsection (a)(1), is amended by strik6 ing ‘‘Subparagraph (A)’’ and inserting ‘‘This paragraph’’. 

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

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

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

10 on the date of the enactment of this Act. 

11 PART 5—OTHER INITIATIVES TO PROMOTE 

12 VOTER REGISTRATION 

13 SEC. 1051. ANNUAL REPORTS ON VOTER REGISTRATION 

14 STATISTICS. 

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

16 the end of each year, each State shall submit to the Elec17 tion Assistance Commission and Congress a report con18 taining the following categories of information for the 

19 year: 

20 (1) The number of individuals who were reg21 istered under part 2. 

22 (2) The number of voter registration applica23 tion forms completed by individuals that were trans24 mitted by motor vehicle authorities in the State 

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1 istration Act of 1993) and voter registration agen2 cies in the State (as designated under section 7 of 

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

4 State, broken down by each such authority and 

5 agency. 

6 (3) The number of such individuals whose voter 

7 registration application forms were accepted and 

8 who were registered to vote in the State and the 

9 number of such individuals whose forms were re10 jected and who were not registered to vote in the 

11 State, broken down by each such authority and 

12 agency. 

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

14 other forms of information indicating that an indi15 vidual’s identifying information has been changed 

16 that were transmitted by such motor vehicle authori17 ties and voter registration agencies to the chief State 

18 election official of the State, broken down by each 

19 such authority and agency and the type of form 

20 transmitted. 

21 (5) The number of individuals on the statewide 

22 computerized voter registration list (as established 

23 and maintained under section 303 of the Help 

24 America Vote Act of 2002) whose voter registration 

25 information was revised by the chief State election 


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1 official as a result of the forms transmitted to the 

2 official by such motor vehicle authorities and voter 

3 registration agencies (as described in paragraph 

4 (3)), broken down by each such authority and agen5 cy and the type of form transmitted. 

6 (6) The number of individuals who requested 

7 the chief State election official to revise voter reg8 istration information on such list, and the number of 

9 individuals whose information was revised as a result 

10 of such a request. 

11 (b) BREAKDOWN OF INFORMATION.—In preparing 

12 the report under this section, the State shall, for each cat13 egory of information described in subsection (a), include 

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

15 individuals whose information is included in the category, 

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

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

18 (c) CONFIDENTIALITY OF INFORMATION.—In pre19 paring and submitting a report under this section, the 

20 chief State election official shall ensure that no informa21 tion regarding the identification of any individual is re22 vealed. 

23 (d) STATE DEFINED.—In this section, a ‘‘State’’ in24 cludes the District of Columbia, the Commonwealth of 

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


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1 American Samoa, and the Commonwealth of the Northern 

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

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

4 date of the enactment of this Act, there is no voter reg5 istration requirement for individuals in the State with re6 spect to elections for Federal office. 

7 SEC. 1052. ENSURING PRE-ELECTION REGISTRATION DEAD8 LINES ARE CONSISTENT WITH TIMING OF 

9 LEGAL PUBLIC HOLIDAYS. 

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

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

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

13 and inserting ‘‘28 days’’. 

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

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

16 in 2022 or any succeeding year. 

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

18 OF ADDRESS FORM TO REMIND INDIVIDUALS 

19 TO UPDATE VOTER REGISTRATION. 

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

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

22 shall modify any hard copy change of address form used 

23 by the United States Postal Service so that such form con24 tains a reminder that any individual using such form 


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1 should update the individual’s voter registration as a re2 sult of any change in address. 

3 (b) APPLICATION.—The requirement in subsection 

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

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

6 SEC. 1054. GRANTS TO STATES FOR ACTIVITIES TO EN7 COURAGE INVOLVEMENT OF MINORS IN 

8 ELECTION ACTIVITIES. 

9 (a) GRANTS.— 

10 (1) IN GENERAL.—The Election Assistance 

11 Commission (hereafter in this section referred to as 

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

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

14 increase the involvement of individuals under 18 

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

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

17 under this subsection shall include— 

18 (A) methods to promote the use of the pre19 registration process implemented under section 

20 8A of the National Voter Registration Act of 

21 1993 (as added by section 2(a)); 

22 (B) modifications to the curriculum of sec23 ondary schools in the State to promote civic en24 gagement; and 


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1 (C) such other activities to encourage the 

2 involvement of young people in the electoral 

3 process as the State considers appropriate. 

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

5 grant under this section if the State submits to the Com6 mission, at such time and in such form as the Commission 

7 may require, an application containing— 

8 (1) a description of the State’s plan under sub9 section (a); 

10 (2) a description of the performance measures 

11 and targets the State will use to determine its suc12 cess in carrying out the plan; and 

13 (3) such other information and assurances as 

14 the Commission may require. 

15 (c) PERIOD OF GRANT; REPORT.— 

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

17 grant under this section shall use the funds provided 

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

19 the State and the Commission. 

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

21 the end of the 2-year period agreed to under para22 graph (1), the State shall submit to the Commission 

23 a report on the activities the State carried out with 

24 the funds provided by the grant, and shall include 

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


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1 State met the performance measures and targets in2 cluded in its application under subsection (b)(2). 

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

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

5 of Columbia. 

6 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated for grants under this 

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

9 PART 6—AVAILABILITY OF HAVA REQUIREMENTS 

10 PAYMENTS 

11 SEC. 1061. AVAILABILITY OF REQUIREMENTS PAYMENTS 

12 UNDER HAVA TO COVER COSTS OF COMPLI13 ANCE WITH NEW REQUIREMENTS. 

14 (a) IN GENERAL.—Section 251(b) of the Help Amer15 ica Vote Act of 2002 (52 U.S.C. 21001(b)) is amended— 

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

17 in paragraphs (2) and (3)’’ and inserting ‘‘as other18 wise provided in this subsection’’; and 

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

20 paragraph: 

21 ‘‘(4) CERTAIN VOTER REGISTRATION ACTIVI22 TIES.—A State may use a requirements payment to 

23 carry out any of the requirements of the Voter Reg24 istration Modernization Act of 2021, including the 

25 requirements of the National Voter Registration Act 


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1 of 1993 which are imposed pursuant to the amend2 ments made to such Act by the Voter Registration 

3 Modernization Act of 2021.’’. 

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

5 of such Act (52 U.S.C. 21004(a)(1)) is amended by strik6 ing ‘‘section 251(a)(2)’’ and inserting ‘‘section 

7 251(b)(2)’’. 

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

9 this section shall apply with respect to fiscal year 2020 

10 and each succeeding fiscal year. 

11 PART 7—PROHIBITING INTERFERENCE WITH 

12 VOTER REGISTRATION 

13 SEC. 1071. PROHIBITING HINDERING, INTERFERING WITH, 

14 OR PREVENTING VOTER REGISTRATION. 

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

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

17 new section: 

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

19 registering to vote 

20 ‘‘(a) PROHIBITION.—It shall be unlawful for any per21 son, whether acting under color of law or otherwise, to 

22 corruptly hinder, interfere with, or prevent another person 

23 from registering to vote or to corruptly hinder, interfere 

24 with, or prevent another person from aiding another per25 son in registering to vote. 


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

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

3 the same penalties as those prescribed for the offense that 

4 the person attempted to commit. 

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

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

7 than 5 years, or both.’’. 

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

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

10 by adding at the end the following new item: 

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

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

12 this section shall apply with respect to elections held on 

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

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

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

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

17 enactment of this Act. 

18 SEC. 1072. ESTABLISHMENT OF BEST PRACTICES. 

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

20 the date of the enactment of this Act, the Election Assist21 ance Commission shall develop and publish recommenda22 tions for best practices for States to use to deter and pre23 vent violations of section 612 of title 18, United States 

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

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


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1 20511) (relating to the unlawful interference with reg2 istering to vote, or voting, or attempting to register to vote 

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

4 relevant information at polling places and voter registra5 tion agencies under such Act, the training of poll workers 

6 and election officials, and relevant educational materials. 

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

8 the District of Columbia, the Commonwealth of Puerto 

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

10 Islands, and the Commonwealth of the Northern Mariana 

11 Islands. 

12 (b) INCLUSION IN VOTER INFORMATION REQUIRE13 MENTS.—Section 302(b)(2) of the Help America Vote Act 

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

15 (1) by striking ‘‘and’’ at the end of subpara16 graph (E); 

17 (2) by striking the period at the end of sub18 paragraph (F) and inserting ‘‘; and’’; and 

19 (3) by adding at the end the following new sub20 paragraph: 

21 ‘‘(G) information relating to the prohibi22 tions of section 612 of title 18, United States 

23 Code, and section 12 of the National Voter 

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

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1 istering to vote, or voting, or attempting to reg2 ister to vote or vote), including information on 

3 how individuals may report allegations of viola4 tions of such prohibitions.’’. 

5 PART 8—VOTER REGISTRATION EFFICIENCY ACT 

6 SEC. 1081. SHORT TITLE. 

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

8 Efficiency Act’’. 

9 SEC. 1082. REQUIRING APPLICANTS FOR MOTOR VEHICLE 

10 DRIVER’S LICENSES IN NEW STATE TO INDI11 CATE WHETHER STATE SERVES AS RESI12 DENCE FOR VOTER REGISTRATION PUR13 POSES. 

14 (a) REQUIREMENTS FOR APPLICANTS FOR LI15 CENSES.—Section 5(d) of the National Voter Registration 

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

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

18 ‘‘(1) Any change’’; and 

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

20 paragraph: 

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

22 require each individual applying for a motor vehicle 

23 driver’s license in the State— 

24 ‘‘(i) to indicate whether the individual 

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1 other State prior to applying for the li2 cense, and, if so, to identify the State in3 volved; and 

4 ‘‘(ii) to indicate whether the individual 

5 intends for the State to serve as the indi6 vidual’s residence for purposes of reg7 istering to vote in elections for Federal of8 fice. 

9 ‘‘(B) If pursuant to subparagraph (A)(ii) 

10 an individual indicates to the State motor vehi11 cle authority that the individual intends for the 

12 State to serve as the individual’s residence for 

13 purposes of registering to vote in elections for 

14 Federal office, the authority shall notify the 

15 motor vehicle authority of the State identified 

16 by the individual pursuant to subparagraph 

17 (A)(i), who shall notify the chief State election 

18 official of such State that the individual no 

19 longer intends for that State to serve as the in20 dividual’s residence for purposes of registering 

21 to vote in elections for Federal office.’’. 

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

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

24 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 one-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) an estimate of the costs associated with 

23 such initiatives; and 

24 (3) such other information and assurances as 

25 the Commission may require. 


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1 (c) CONSULTATION WITH ELECTION OFFICIALS.—A 

2 local educational agency receiving funds under the pilot 

3 program shall consult with the State and local election of4 ficials who are responsible for administering elections for 

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

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

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

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

9 meanings given such terms in section 8101 of the Elemen10 tary and Secondary Education Act of 1965 (20 U.S.C. 

11 7801). 

12 SEC. 1092. REPORTS. 

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

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

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

16 agency receiving funds under the pilot program under this 

17 part shall submit a report to the Commission describing 

18 the initiatives carried out with the funds and analyzing 

19 their effectiveness. 

20 (b) REPORT BY COMMISSION.—Not later than the ex21 piration of the 60-day period which begins on the date 

22 the Commission receives the final report submitted by a 

23 local educational agency under subsection (a), the Com24 mission shall submit a report to Congress on the pilot pro25 gram under this part. 


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1 SEC. 1093. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as may be necessary to carry out this part. 

4 PART 10—VOTER REGISTRATION OF MINORS 

5 SEC. 1094. ACCEPTANCE OF VOTER REGISTRATION APPLI6 CATIONS FROM INDIVIDUALS UNDER 18 

7 YEARS OF AGE. 

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

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

10 20507), as amended by section 1004, is amended— 

11 (1) by redesignating subsection (k) as sub12 section (l); and 

13 (2) by inserting after subsection (j) the fol14 lowing new subsection: 

15 ‘‘(k) ACCEPTANCE OF APPLICATIONS FROM INDIVID16 UALS UNDER 18 YEARS OF AGE.— 

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

18 accept or process an individual’s application to reg19 ister to vote in elections for Federal office on the 

20 grounds that the individual is under 18 years of age 

21 at the time the individual submits the application, so 

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

23 such time. 

24 ‘‘(2) NO EFFECT ON STATE VOTING AGE RE25 QUIREMENTS.—Nothing in paragraph (1) may be 

26 construed to require a State to permit an individual 


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1 who is under 18 years of age at the time of an elec2 tion for Federal office to vote in the election.’’. 

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

4 subsection (a) shall apply with respect to elections occur5 ring on or after January 1, 2022. 

6 Subtitle B—Access to Voting for 

7 Individuals With Disabilities 

8 SEC. 1101. REQUIREMENTS FOR STATES TO PROMOTE AC9 CESS TO VOTER REGISTRATION AND VOTING 

10 FOR INDIVIDUALS WITH DISABILITIES. 

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

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

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

14 (1) by redesignating sections 305 and 306 as 

15 sections 306 and 307; and 

16 (2) by inserting after section 304 the following 

17 new section: 

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

19 FOR INDIVIDUALS WITH DISABILITIES. 

20 ‘‘(a) TREATMENT OF APPLICATIONS AND BAL21 LOTS.—Each State shall— 

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

23 absentee registration procedures and to vote by ab24 sentee ballot in elections for Federal office; 


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

2 election for Federal office, any otherwise valid voter 

3 registration application and absentee ballot applica4 tion from an individual with a disability if the appli5 cation is received by the appropriate State election 

6 official within the deadline for the election which is 

7 applicable under Federal law; 

8 ‘‘(3) in addition to any other method of reg9 istering to vote or applying for an absentee ballot in 

10 the State, establish procedures— 

11 ‘‘(A) for individuals with disabilities to re12 quest by mail and electronically voter registra13 tion applications and absentee ballot applica14 tions with respect to elections for Federal office 

15 in accordance with subsection (c); 

16 ‘‘(B) for States to send by mail and elec17 tronically (in accordance with the preferred 

18 method of transmission designated by the indi19 vidual under subparagraph (C)) voter registra20 tion applications and absentee ballot applica21 tions requested under subparagraph (A) in ac22 cordance with subsection (c)); and 

23 ‘‘(C) by which such an individual can des24 ignate whether the individual prefers that such 

25 voter registration application or absentee ballot 


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1 application be transmitted by mail or electroni2 cally; 

3 ‘‘(4) in addition to any other method of trans4 mitting blank absentee ballots in the State, establish 

5 procedures for transmitting by mail and electroni6 cally blank absentee ballots to individuals with dis7 abilities with respect to elections for Federal office 

8 in accordance with subsection (d); 

9 ‘‘(5) transmit a validly requested absentee bal10 lot to an individual with a disability— 

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

12 in the case in which the request is received at 

13 least 45 days before an election for Federal of14 fice, not later than 45 days before the election; 

15 and 

16 ‘‘(B) in the case in which the request is re17 ceived less than 45 days before an election for 

18 Federal office— 

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

20 ‘‘(ii) if practicable and as determined 

21 appropriate by the State, in a manner that 

22 expedites the transmission of such absen23 tee ballot; and 

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

25 runoff election for Federal office, establish a written 


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1 plan that provides absentee ballots are made avail2 able to individuals with disabilities in a manner that 

3 gives them sufficient time to vote in the runoff elec4 tion. 

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

6 PROVIDE INFORMATION ON REGISTRATION AND ABSEN7 TEE BALLOT PROCEDURES FOR ALL DISABLED VOTERS

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

9 which shall be responsible for providing information re10 garding voter registration procedures and absentee ballot 

11 procedures to be used by individuals with disabilities with 

12 respect to elections for Federal office to all individuals 

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

14 any jurisdiction in the State. 

15 ‘‘(c) DESIGNATION OF MEANS OF ELECTRONIC COM16 MUNICATION FOR INDIVIDUALS WITH DISABILITIES TO

17 REQUEST AND FOR STATES TO SEND VOTER REGISTRA18 TION APPLICATIONS AND ABSENTEE BALLOT APPLICA19 TIONS, AND FOR OTHER PURPOSES RELATED TO VOTING

20 INFORMATION.— 

21 ‘‘(1) IN GENERAL.—Each State shall, in addi22 tion to the designation of a single State office under 

23 subsection (b), designate not less than 1 means of 

24 electronic communication— 


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1 ‘‘(A) for use by individuals with disabilities 

2 who wish to register to vote or vote in any ju3 risdiction in the State to request voter registra4 tion applications and absentee ballot applica5 tions under subsection (a)(3); 

6 ‘‘(B) for use by States to send voter reg7 istration applications and absentee ballot appli8 cations requested under such subsection; and 

9 ‘‘(C) for the purpose of providing related 

10 voting, balloting, and election information to in11 dividuals with disabilities. 

12 ‘‘(2) CLARIFICATION REGARDING PROVISION OF

13 MULTIPLE MEANS OF ELECTRONIC COMMUNICA14 TION.—A State may, in addition to the means of 

15 electronic communication so designated, provide 

16 multiple means of electronic communication to indi17 viduals with disabilities, including a means of elec18 tronic communication for the appropriate jurisdic19 tion of the State. 

20 ‘‘(3) INCLUSION OF DESIGNATED MEANS OF

21 ELECTRONIC COMMUNICATION WITH INFORMA22 TIONAL AND INSTRUCTIONAL MATERIALS THAT AC23 COMPANY BALLOTING MATERIALS.—Each State shall 

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1 terials that accompany balloting materials sent by 

2 the State to individuals with disabilities. 

3 ‘‘(4) TRANSMISSION IF NO PREFERENCE INDI4 CATED.—In the case where an individual with a dis5 ability does not designate a preference under sub6 section (a)(3)(C), the State shall transmit the voter 

7 registration application or absentee ballot application 

8 by any delivery method allowable in accordance with 

9 applicable State law, or if there is no applicable 

10 State law, by mail. 

11 ‘‘(d) TRANSMISSION OF BLANK ABSENTEE BALLOTS

12 BY MAIL AND ELECTRONICALLY.— 

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

14 procedures— 

15 ‘‘(A) to securely transmit blank absentee 

16 ballots by mail and electronically (in accordance 

17 with the preferred method of transmission des18 ignated by the individual with a disability under 

19 subparagraph (B)) to individuals with disabil20 ities for an election for Federal office; and 

21 ‘‘(B) by which the individual with a dis22 ability can designate whether the individual pre23 fers that such blank absentee ballot be trans24 mitted by mail or electronically. 


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1 ‘‘(2) TRANSMISSION IF NO PREFERENCE INDI2 CATED.—In the case where an individual with a dis3 ability does not designate a preference under para4 graph (1)(B), the State shall transmit the ballot by 

5 any delivery method allowable in accordance with ap6 plicable State law, or if there is no applicable State 

7 law, by mail. 

8 ‘‘(3) APPLICATION OF METHODS TO TRACK DE9 LIVERY TO AND RETURN OF BALLOT BY INDIVIDUAL

10 REQUESTING BALLOT.—Under the procedures estab11 lished under paragraph (1), the State shall apply 

12 such methods as the State considers appropriate, 

13 such as assigning a unique identifier to the ballot, 

14 to ensure that if an individual with a disability re15 quests the State to transmit a blank absentee ballot 

16 to the individual in accordance with this subsection, 

17 the voted absentee ballot which is returned by the 

18 individual is the same blank absentee ballot which 

19 the State transmitted to the individual. 

20 ‘‘(e) HARDSHIP EXEMPTION.— 

21 ‘‘(1) IN GENERAL.—If the chief State election 

22 official determines that the State is unable to meet 

23 the requirement under subsection (a)(5)(A) with re24 spect to an election for Federal office due to an 

25 undue hardship described in paragraph (2)(B), the 


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1 chief State election official shall request that the At2 torney General grant a waiver to the State of the 

3 application of such subsection. Such request shall in4 clude— 

5 ‘‘(A) a recognition that the purpose of 

6 such subsection is to individuals with disabil7 ities enough time to vote in an election for Fed8 eral office; 

9 ‘‘(B) an explanation of the hardship that 

10 indicates why the State is unable to transmit 

11 such individuals an absentee ballot in accord12 ance with such subsection; 

13 ‘‘(C) the number of days prior to the elec14 tion for Federal office that the State requires 

15 absentee ballots be transmitted to such individ16 uals; and 

17 ‘‘(D) a comprehensive plan to ensure that 

18 such individuals are able to receive absentee 

19 ballots which they have requested and submit 

20 marked absentee ballots to the appropriate 

21 State election official in time to have that ballot 

22 counted in the election for Federal office, which 

23 includes— 

24 ‘‘(i) the steps the State will undertake 

25 to ensure that such individuals have time 


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1 to receive, mark, and submit their ballots 

2 in time to have those ballots counted in the 

3 election; 

4 ‘‘(ii) why the plan provides such indi5 viduals sufficient time to vote as a sub6 stitute for the requirements under such 

7 subsection; and 

8 ‘‘(iii) the underlying factual informa9 tion which explains how the plan provides 

10 such sufficient time to vote as a substitute 

11 for such requirements. 

12 ‘‘(2) APPROVAL OF WAIVER REQUEST.—The 

13 Attorney General shall approve a waiver request 

14 under paragraph (1) if the Attorney General deter15 mines each of the following requirements are met: 

16 ‘‘(A) The comprehensive plan under sub17 paragraph (D) of such paragraph provides indi18 viduals with disabilities sufficient time to re19 ceive absentee ballots they have requested and 

20 submit marked absentee ballots to the appro21 priate State election official in time to have that 

22 ballot counted in the election for Federal office. 

23 ‘‘(B) One or more of the following issues 

24 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 

25 portion of such amounts which have not been obliVerDate Sep 11 2014 18:47 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

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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 race, ethnicity, or national origin of the indi17 vidual who is the subject of the challenge may 

18 not be considered to have a good faith factual 

19 basis for purposes of this paragraph. 

20 ‘‘(2) PROHIBITION ON CHALLENGES ON OR

21 NEAR DATE OF ELECTION.—No person, other than 

22 a State or local election official, shall be permitted— 

23 ‘‘(A) to challenge an individual’s eligibility 

24 to vote in an election for Federal office on Elec25 tion Day, or 


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1 ‘‘(B) to challenge an individual’s eligibility 

2 to register to vote in an election for Federal of3 fice or to vote in an election for Federal office 

4 less than 10 days before the election unless the 

5 individual registered to vote less than 20 days 

6 before the election. 

7 ‘‘(d) PENALTIES FOR KNOWING MISCONDUCT.— 

8 Whoever knowingly challenges the eligibility of one or 

9 more individuals to register or vote or knowingly causes 

10 the eligibility of such individuals to be challenged in viola11 tion of this section with the intent that one or more eligi12 ble voters be disqualified, shall be fined under this title 

13 or imprisoned not more than 1 year, or both, for each such 

14 violation. Each violation shall be a separate offense. 

15 ‘‘(e) NO EFFECT ON RELATED LAWS.—Nothing in 

16 this section is intended to override the protections of the 

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

18 20501 et seq.) or to affect the Voting Rights Act of 1965 

19 (52 U.S.C. 10301 et seq.).’’. 

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

21 for chapter 29 of title 18, United States Code, as amended 

22 by section 1071(b), is amended by adding at the end the 

23 following: 

‘‘613. Voter caging and other questionable challenges.’’. 


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1 SEC. 1202. DEVELOPMENT AND ADOPTION OF BEST PRAC2 TICES FOR PREVENTING VOTER CAGING. 

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

4 the date of the enactment of this Act, the Election Assist5 ance Commission shall develop and publish for the use of 

6 States recommendations for best practices to deter and 

7 prevent violations of section 613 of title 18, United States 

8 Code, as added by section 1201(a), including practices to 

9 provide for the posting of relevant information at polling 

10 places and voter registration agencies, the training of poll 

11 workers and election officials, and relevant educational 

12 measures. For purposes of this subsection, the term 

13 ‘‘State’’ includes the District of Columbia, the Common14 wealth of Puerto Rico, Guam, American Samoa, the 

15 United States Virgin Islands, and the Commonwealth of 

16 the Northern Mariana Islands. 

17 (b) INCLUSION IN VOTING INFORMATION REQUIRE18 MENTS.—Section 302(b)(2) of the Help America Vote Act 

19 of 2002 (52 U.S.C. 21082(b)(2)), as amended by section 

20 1072(b), is amended— 

21 (1) by striking ‘‘and’’ at the end of subpara22 graph (F); 

23 (2) by striking the period at the end of sub24 paragraph (G) and inserting ‘‘; and’’; and 

25 (3) by adding at the end the following new sub26 paragraph: 


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1 ‘‘(H) information relating to the prohibi2 tion against voter caging and other questionable 

3 challenges (as set forth in section 613 of title 

4 18, United States Code), including information 

5 on how individuals may report allegations of 

6 violations of such prohibition.’’. 

7 Subtitle D—Prohibiting Deceptive 

8 Practices and Preventing Voter 

9 Intimidation 

10 SEC. 1301. SHORT TITLE. 

11 This subtitle may be cited as the ‘‘Deceptive Prac12 tices and Voter Intimidation Prevention Act of 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 penalties asso2 ciated with voting in any such elec3 tion; or 

4 ‘‘(II) information regarding a 

5 voter’s registration status or eligi6 bility. 

7 ‘‘(3) FALSE STATEMENTS REGARDING PUBLIC

8 ENDORSEMENTS.— 

9 ‘‘(A) PROHIBITION.—No person, whether 

10 acting under color of law or otherwise, shall, 

11 within 60 days before an election described in 

12 paragraph (5), by any means, including by 

13 means of written, electronic, or telephonic com14 munications, communicate, or cause to be com15 municated, a materially false statement about 

16 an endorsement, if such person— 

17 ‘‘(i) knows such statement to be false; 

18 and 

19 ‘‘(ii) has the intent to impede or pre20 vent another person from exercising the 

21 right to vote in an election described in 

22 paragraph (5). 

23 ‘‘(B) DEFINITION OF ‘MATERIALLY

24 FALSE’.—For purposes of subparagraph (A), a 

25 statement about an endorsement is ‘materially 


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1 false’ if, with respect to an upcoming election 

2 described in paragraph (5)— 

3 ‘‘(i) the statement states that a spe4 cifically named person, political party, or 

5 organization has endorsed the election of a 

6 specific candidate for a Federal office de7 scribed in such paragraph; and 

8 ‘‘(ii) such person, political party, or 

9 organization has not endorsed the election 

10 of such candidate. 

11 ‘‘(4) HINDERING, INTERFERING WITH, OR PRE12 VENTING VOTING OR REGISTERING TO VOTE.—No 

13 person, whether acting under color of law or other14 wise, shall intentionally hinder, interfere with, or 

15 prevent another person from voting, registering to 

16 vote, or aiding another person to vote or register to 

17 vote in an election described in paragraph (5). 

18 ‘‘(5) ELECTION DESCRIBED.—An election de19 scribed in this paragraph is any general, primary, 

20 run-off, or special election held solely or in part for 

21 the purpose of nominating or electing a candidate 

22 for the office of President, Vice President, presi23 dential elector, Member of the Senate, Member of 

24 the House of Representatives, or Delegate or Com25 missioner from a Territory or possession.’’. 


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1 (b) PRIVATE RIGHT OF ACTION.— 

2 (1) IN GENERAL.—Subsection (c) of section 

3 2004 of the Revised Statutes (52 U.S.C. 10101(c)) 

4 is amended— 

5 (A) by striking ‘‘Whenever any person’’ 

6 and inserting the following: 

7 ‘‘(1) 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 penalties asso18 ciated with voting in any such elec19 tion; 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). 

9 ‘‘(2) PENALTY.—Any person who violates para10 graph (1) shall be fined not more than $100,000, 

11 imprisoned for not more than 5 years, or both. 

12 ‘‘(d) ATTEMPT.—Any person who attempts to commit 

13 any offense described in subsection (a), (b)(1), or (c)(1) 

14 shall be subject to the same penalties as those prescribed 

15 for the offense that the person attempted to commit. 

16 ‘‘(e) ELECTION DESCRIBED.—An election described 

17 in this subsection is any general, primary, run-off, or spe18 cial election held solely or in part for the purpose of nomi19 nating or electing a candidate for the office of President, 

20 Vice President, presidential elector, Senator, Member of 

21 the House of Representatives, or Delegate or Resident 

22 Commissioner to the Congress.’’. 

23 (2) MODIFICATION OF PENALTY FOR VOTER IN24 TIMIDATION.—Section 594(a) of title 18, United 

25 States Code, as amended by paragraph (1), is 


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1 amended by striking ‘‘fined under this title or im2 prisoned not more than one year’’ and inserting 

3 ‘‘fined not more than $100,000, imprisoned for not 

4 more than 5 years’’. 

5 (3) SENTENCING GUIDELINES.— 

6 (A) REVIEW AND AMENDMENT.—Not later 

7 than 180 days after the date of enactment of 

8 this Act, the United States Sentencing Commis9 sion, pursuant to its authority under section 

10 994 of title 28, United States Code, and in ac11 cordance with this section, shall review and, if 

12 appropriate, amend the Federal sentencing 

13 guidelines and policy statements applicable to 

14 persons convicted of any offense under section 

15 594 of title 18, United States Code, as amend16 ed by this section. 

17 (B) AUTHORIZATION.—The United States 

18 Sentencing Commission may amend the Federal 

19 Sentencing Guidelines in accordance with the 

20 procedures set forth in section 21(a) of the Sen21 tencing Act of 1987 (28 U.S.C. 994 note) as 

22 though the authority under that section had not 

23 expired. 

24 (4) PAYMENTS FOR REFRAINING FROM VOT25 ING.—Subsection (c) of section 11 of the Voting 


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1 Rights Act of 1965 (52 U.S.C. 10307) is amended 

2 by striking ‘‘either for registration to vote or for vot3 ing’’ and inserting ‘‘for registration to vote, for vot4 ing, or for not voting’’. 

5 SEC. 1303. CORRECTIVE ACTION. 

6 (a) CORRECTIVE ACTION.— 

7 (1) IN GENERAL.—If the Attorney General re8 ceives a credible report that materially false informa9 tion has been or is being communicated in violation 

10 of paragraphs (2) and (3) of section 2004(b) of the 

11 Revised Statutes (52 U.S.C. 10101(b)), as added by 

12 section 1302(a), and if the Attorney General deter13 mines that State and local election officials have not 

14 taken adequate steps to promptly communicate accu15 rate information to correct the materially false infor16 mation, the Attorney General shall, pursuant to the 

17 written procedures and standards under subsection 

18 (b), communicate to the public, by any means, in19 cluding by means of written, electronic, or telephonic 

20 communications, accurate information designed to 

21 correct the materially false information. 

22 (2) COMMUNICATION OF CORRECTIVE INFORMA23 TION.—Any information communicated by the Attor24 ney General under paragraph (1)— 

25 (A) shall— 


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1 (i) be accurate and objective; 

2 (ii) consist of only the information 

3 necessary to correct the materially false in4 formation that has been or is being com5 municated; and 

6 (iii) to the extent practicable, be by a 

7 means that the Attorney General deter8 mines will reach the persons to whom the 

9 materially false information has been or is 

10 being communicated; and 

11 (B) shall not be designed to favor or dis12 favor any particular candidate, organization, or 

13 political party. 

14 (b) WRITTEN PROCEDURES AND STANDARDS FOR

15 TAKING CORRECTIVE ACTION.— 

16 (1) IN GENERAL.—Not later than 180 days 

17 after the date of enactment of this Act, the Attorney 

18 General shall publish written procedures and stand19 ards for determining when and how corrective action 

20 will be taken under this section. 

21 (2) INCLUSION OF APPROPRIATE DEADLINES.— 

22 The procedures and standards under paragraph (1) 

23 shall include appropriate deadlines, based in part on 

24 the number of days remaining before the upcoming 

25 election. 


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1 (3) CONSULTATION.—In developing the proce2 dures and standards under paragraph (1), the Attor3 ney General shall consult with the Election Assist4 ance Commission, State and local election officials, 

5 civil rights organizations, voting rights groups, voter 

6 protection groups, and other interested community 

7 organizations. 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to the Attorney General 

10 such sums as may be necessary to carry out this subtitle. 

11 SEC. 1304. REPORTS TO CONGRESS. 

12 (a) IN GENERAL.—Not later than 180 days after 

13 each general election for Federal office, the Attorney Gen14 eral shall submit to Congress a report compiling all allega15 tions received by the Attorney General of deceptive prac16 tices described in paragraphs (2), (3), and (4) of section 

17 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as 

18 added by section 1302(a), relating to the general election 

19 for Federal office and any primary, run-off, or a special 

20 election for Federal office held in the 2 years preceding 

21 the general election. 

22 (b) CONTENTS.— 

23 (1) IN GENERAL.—Each report submitted 

24 under subsection (a) shall include— 


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1 (A) a description of each allegation of a 

2 deceptive practice described in subsection (a), 

3 including the geographic location, racial and 

4 ethnic composition, and language minority5 group membership of the persons toward whom 

6 the alleged deceptive practice was directed; 

7 (B) the status of the investigation of each 

8 allegation described in subparagraph (A); 

9 (C) a description of each corrective action 

10 taken by the Attorney General under section 

11 4(a) in response to an allegation described in 

12 subparagraph (A); 

13 (D) a description of each referral of an al14 legation described in subparagraph (A) to other 

15 Federal, State, or local agencies; 

16 (E) to the extent information is available, 

17 a description of any civil action instituted under 

18 section 2004(c)(2) of the Revised Statutes (52 

19 U.S.C. 10101(c)(2)), as added by section 

20 1302(b), in connection with an allegation de21 scribed in subparagraph (A); and 

22 (F) a description of any criminal prosecu23 tion instituted under section 594 of title 18, 

24 United States Code, as amended by section 

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1 legation described in subparagraph (A) by the 

2 Attorney General. 

3 (2) EXCLUSION OF CERTAIN INFORMATION.— 

4 (A) IN GENERAL.—The Attorney General 

5 shall not include in a report submitted under 

6 subsection (a) any information protected from 

7 disclosure by rule 6(e) of the Federal Rules of 

8 Criminal Procedure or any Federal criminal 

9 statute. 

10 (B) EXCLUSION OF CERTAIN OTHER IN11 FORMATION.—The Attorney General may deter12 mine that the following information shall not be 

13 included in a report submitted under subsection 

14 (a): 

15 (i) Any information that is privileged. 

16 (ii) Any information concerning an 

17 ongoing investigation. 

18 (iii) Any information concerning a 

19 criminal or civil proceeding conducted 

20 under seal. 

21 (iv) Any other nonpublic information 

22 that the Attorney General determines the 

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1 dividual or adversely affect the integrity of 

2 a pending or future criminal investigation. 

3 (c) REPORT MADE PUBLIC.—On the date that the 

4 Attorney General submits the report under subsection (a), 

5 the Attorney General shall also make the report publicly 

6 available through the internet and other appropriate 

7 means. 

8 Subtitle E—Democracy Restoration 

9 SEC. 1401. SHORT TITLE. 

10 This subtitle may be cited as the ‘‘Democracy Res11 toration Act of 2021’’. 

12 SEC. 1402. FINDINGS. 

13 Congress makes the following findings: 

14 (1) The right to vote is the most basic constitu15 tive act of citizenship. Regaining the right to vote 

16 reintegrates individuals with criminal convictions 

17 into free society, helping to enhance public safety. 

18 (2) Article I, section 4, of the Constitution 

19 grants Congress ultimate supervisory power over 

20 Federal elections, an authority which has repeatedly 

21 been upheld by the Supreme Court. 

22 (3) Basic constitutional principles of fairness 

23 and equal protection require an equal opportunity 

24 for citizens of the United States to vote in Federal 

25 elections. The right to vote may not be abridged or 


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1 denied by the United States or by any State on ac2 count of race, color, gender, or previous condition of 

3 servitude. The 13th, 14th, 15th, 19th, 24th, and 

4 26th Amendments to the Constitution empower Con5 gress to enact measures to protect the right to vote 

6 in Federal elections. The 8th Amendment to the 

7 Constitution provides for no excessive bail to be re8 quired, nor excessive fines imposed, nor cruel and 

9 unusual punishments inflicted. 

10 (4) There are 3 areas in which discrepancies in 

11 State laws regarding criminal convictions lead to un12 fairness in Federal elections: 

13 (A) The lack of a uniform standard for 

14 voting in Federal elections leads to an unfair 

15 disparity and unequal participation in Federal 

16 elections based solely on where a person lives. 

17 (B) Laws governing the restoration of vot18 ing rights after a criminal conviction vary 

19 throughout the country, and persons in some 

20 States can easily regain their voting rights 

21 while in other States persons effectively lose 

22 their right to vote permanently. 

23 (C) State disenfranchisement laws dis24 proportionately impact racial and ethnic minori25 ties. 


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1 (5) Two States (Maine and Vermont), the Dis2 trict of Columbia, and the Commonwealth of Puerto 

3 Rico do not disenfranchise individuals with criminal 

4 convictions at all, but 48 States have laws that deny 

5 convicted individuals the right to vote while they are 

6 in prison. 

7 (6) In some States disenfranchisement results 

8 from varying State laws that restrict voting while in9 dividuals are under the supervision of the criminal 

10 justice system or after they have completed a crimi11 nal sentence. In 30 States, convicted individuals may 

12 not vote while they are on parole and 27 States dis13 enfranchise individuals on felony probation as well. 

14 In 11 States, a conviction can result in lifetime dis15 enfranchisement. 

16 (7) Several States deny the right to vote to in17 dividuals convicted of certain misdemeanors. 

18 (8) An estimated 5,200,000 citizens of the 

19 United States, or about 1 in 44 adults in the United 

20 States, currently cannot vote as a result of a felony 

21 conviction. Of the 5,200,000 citizens barred from 

22 voting, only 24 percent are in prison. By contrast, 

23 75 percent of the disenfranchised reside in their 

24 communities while on probation or parole or after 

25 having completed their sentences. Approximately 


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1 2,200,000 citizens who have completed their sen2 tences remain disenfranchised due to restrictive 

3 State laws. In at least 6 States—Alabama, Florida, 

4 Kentucky, Mississippi, Tennessee, and Virginia— 

5 more than 5 percent of the total voting-age popu6 lation is disenfranchised. 

7 (9) In those States that disenfranchise individ8 uals post-sentence, the right to vote can be regained 

9 in theory, but in practice this possibility is often 

10 granted in a non-uniform and potentially discrimina11 tory manner. Disenfranchised individuals must ei12 ther obtain a pardon or an order from the Governor 

13 or an action by the parole or pardon board, depend14 ing on the offense and State. Individuals convicted 

15 of a Federal offense often have additional barriers to 

16 regaining voting rights. 

17 (10) State disenfranchisement laws dispropor18 tionately impact racial and ethnic minorities. More 

19 than 6 percent of the African-American voting-age 

20 population, or 1,800,000 African Americans, are 

21 disenfranchised. Currently, 1 of every 16 voting-age 

22 African Americans are rendered unable to vote be23 cause of felony disenfranchisement, which is a rate 

24 more than 3.7 times greater than non-African Amer25 icans. Over 6 percent of African-American adults are 


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1 disenfranchised whereas only 1.7 percent of non-Af2 rican Americans are. In 7 States (Alabama, 16 per3 cent; Florida, 15 percent; Kentucky, 15 percent; 

4 Mississippi, 16 percent; Tennessee, 21 percent; Vir5 ginia, 16 percent; and Wyoming, 36 percent), more 

6 than 1 in 7 African Americans are unable to vote 

7 because of prior convictions, twice the national aver8 age for African Americans. 

9 (11) Latino citizens are disproportionately 

10 disenfranchised based upon their disproportionate 

11 representation in the criminal justice system. In re12 cent years, Latinos have been imprisoned at 2.5 

13 times the rate of Whites. More than 2 percent of the 

14 voting-age Latino population, or 560,000 Latinos, 

15 are disenfranchised due to a felony conviction. In 34 

16 states Latinos are disenfranchised at a higher rate 

17 than the general population. In 11 states 4 percent 

18 or more of Latino adults are disenfranchised due to 

19 a felony conviction (Alabama, 4 percent; Arizona, 7 

20 percent; Arkansas, 4 percent; Idaho, 4 percent; 

21 Iowa, 4 percent; Kentucky, 6 percent; Minnesota, 4 

22 percent; Mississippi, 5 percent; Nebraska, 6 percent; 

23 Tennessee, 11 percent, Wyoming, 4 percent), twice 

24 the national average for Latinos. 


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1 (12) Disenfranchising citizens who have been 

2 convicted of a criminal offense and who are living 

3 and working in the community serves no compelling 

4 State interest and hinders their rehabilitation and 

5 reintegration into society. 

6 (13) State disenfranchisement laws can sup7 press electoral participation among eligible voters by 

8 discouraging voting among family and community 

9 members of disenfranchised persons. Future elec10 toral participation by the children of disenfranchised 

11 parents may be impacted as well. 

12 (14) The United States is the only Western de13 mocracy that permits the permanent denial of voting 

14 rights for individuals with felony convictions. 

15 SEC. 1403. RIGHTS OF CITIZENS. 

16 The right of an individual who is a citizen of the 

17 United States to vote in any election for Federal office 

18 shall not be denied or abridged because that individual has 

19 been convicted of a criminal offense unless such individual 

20 is serving a felony sentence in a correctional institution 

21 or facility at the time of the election. 

22 SEC. 1404. ENFORCEMENT. 

23 (a) ATTORNEY GENERAL.—The Attorney General 

24 may, in a civil action, obtain such declaratory or injunctive 

25 relief as is necessary to remedy a violation of this subtitle. 


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1 (b) PRIVATE RIGHT OF ACTION.— 

2 (1) IN GENERAL.—A person who is aggrieved 

3 by a violation of this subtitle may provide written 

4 notice of the violation to the chief election official of 

5 the State involved. 

6 (2) RELIEF.—Except as provided in paragraph 

7 (3), if the violation is not corrected within 90 days 

8 after receipt of a notice under paragraph (1), or 

9 within 20 days after receipt of the notice if the viola10 tion occurred within 120 days before the date of an 

11 election for Federal office, the aggrieved person 

12 may, in a civil action, obtain declaratory or injunc13 tive relief with respect to the violation. 

14 (3) EXCEPTION.—If the violation occurred 

15 within 30 days before the date of an election for 

16 Federal office, the aggrieved person need not provide 

17 notice to the chief election official of the State under 

18 paragraph (1) before bringing a civil action to obtain 

19 declaratory or injunctive relief with respect to the 

20 violation. 

21 SEC. 1405. NOTIFICATION OF RESTORATION OF VOTING 

22 RIGHTS. 

23 (a) STATE NOTIFICATION.— 

24 (1) NOTIFICATION.—On the date determined 

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1 ing any individual who has been convicted of a 

2 criminal offense under the law of that State that 

3 such individual has the right to vote in an election 

4 for Federal office pursuant to the Democracy Res5 toration Act of 2021 and may register to vote in any 

6 such election and provide such individual with any 

7 materials that are necessary to register to vote in 

8 any such election. 

9 (2) DATE OF NOTIFICATION.— 

10 (A) FELONY CONVICTION.—In the case of 

11 such an individual who has been convicted of a 

12 felony, the notification required under para13 graph (1) shall be given on the date on which 

14 the individual— 

15 (i) is sentenced to serve only a term 

16 of probation; or 

17 (ii) is released from the custody of 

18 that State (other than to the custody of 

19 another State or the Federal Government 

20 to serve a term of imprisonment for a fel21 ony conviction). 

22 (B) MISDEMEANOR CONVICTION.—In the 

23 case of such an individual who has been con24 victed of a misdemeanor, the notification re25 quired under paragraph (1) shall be given on 


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1 the date on which such individual is sentenced 

2 by a State court. 

3 (b) FEDERAL NOTIFICATION.— 

4 (1) NOTIFICATION.—Any individual who has 

5 been convicted of a criminal offense under Federal 

6 law shall be notified in accordance with paragraph 

7 (2) that such individual has the right to vote in an 

8 election for Federal office pursuant to the Democ9 racy Restoration Act of 2021 and may register to 

10 vote in any such election and provide such individual 

11 with any materials that are necessary to register to 

12 vote in any such election. 

13 (2) DATE OF NOTIFICATION.— 

14 (A) FELONY CONVICTION.—In the case of 

15 such an individual who has been convicted of a 

16 felony, the notification required under para17 graph (1) shall be given— 

18 (i) in the case of an individual who is 

19 sentenced to serve only a term of proba20 tion, by the Assistant Director for the Of21 fice of Probation and Pretrial Services of 

22 the Administrative Office of the United 

23 States Courts on the date on which the in24 dividual is sentenced; or 


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1 (ii) in the case of any individual com2 mitted to the custody of the Bureau of 

3 Prisons, by the Director of the Bureau of 

4 Prisons, during the period beginning on 

5 the date that is 6 months before such indi6 vidual is released and ending on the date 

7 such individual is released from the cus8 tody of the Bureau of Prisons. 

9 (B) MISDEMEANOR CONVICTION.—In the 

10 case of such an individual who has been con11 victed of a misdemeanor, the notification re12 quired under paragraph (1) shall be given on 

13 the date on which such individual is sentenced 

14 by a court established by an Act of Congress. 

15 SEC. 1406. DEFINITIONS. 

16 For purposes of this subtitle: 

17 (1) CORRECTIONAL INSTITUTION OR FACIL18 ITY.—The term ‘‘correctional institution or facility’’ 

19 means any prison, penitentiary, jail, or other institu20 tion or facility for the confinement of individuals 

21 convicted of criminal offenses, whether publicly or 

22 privately operated, except that such term does not 

23 include any residential community treatment center 

24 (or similar public or private facility). 

25 (2) ELECTION.—The term ‘‘election’’ means— 


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1 (A) a general, special, primary, or runoff 

2 election; 

3 (B) a convention or caucus of a political 

4 party held to nominate a candidate; 

5 (C) a primary election held for the selec6 tion of delegates to a national nominating con7 vention of a political party; or 

8 (D) a primary election held for the expres9 sion of a preference for the nomination of per10 sons for election to the office of President. 

11 (3) FEDERAL OFFICE.—The term ‘‘Federal of12 fice’’ means the office of President or Vice President 

13 of the United States, or of Senator or Representa14 tive in, or Delegate or Resident Commissioner to, 

15 the Congress of the United States. 

16 (4) PROBATION.—The term ‘‘probation’’ means 

17 probation, imposed by a Federal, State, or local 

18 court, with or without a condition on the individual 

19 involved concerning— 

20 (A) the individual’s freedom of movement; 

21 (B) the payment of damages by the indi22 vidual; 

23 (C) periodic reporting by the individual to 

24 an officer of the court; or 


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1 (D) supervision of the individual by an of2 ficer of the court. 

3 SEC. 1407. RELATION TO OTHER LAWS. 

4 (a) STATE LAWS RELATING TO VOTING RIGHTS.— 

5 Nothing in this subtitle be construed to prohibit the States 

6 from enacting any State law which affords the right to 

7 vote in any election for Federal office on terms less restric8 tive than those established by this subtitle. 

9 (b) CERTAIN FEDERAL ACTS.—The rights and rem10 edies established by this subtitle are in addition to all 

11 other rights and remedies provided by law, and neither 

12 rights and remedies established by this Act shall super13 sede, restrict, or limit the application of the Voting Rights 

14 Act of 1965 (52 U.S.C. 10301 et seq.) or the National 

15 Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.). 

16 SEC. 1408. FEDERAL PRISON FUNDS. 

17 No State, unit of local government, or other person 

18 may receive or use, to construct or otherwise improve a 

19 prison, jail, or other place of incarceration, any Federal 

20 funds unless that person has in effect a program under 

21 which each individual incarcerated in that person’s juris22 diction who is a citizen of the United States is notified, 

23 upon release from such incarceration, of that individual’s 

24 rights under section 1403. 


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1 SEC. 1409. EFFECTIVE DATE. 

2 This subtitle shall apply to citizens of the United 

3 States voting in any election for Federal office held after 

4 the date of the enactment of this Act. 

5 Subtitle F—Promoting Accuracy, 

6 Integrity, and Security Through 

7 Voter-Verified Permanent Paper 

8 Ballot 

9 SEC. 1501. SHORT TITLE. 

10 This subtitle may be cited as the ‘‘Voter Confidence 

11 and Increased Accessibility Act of 2021’’. 

12 SEC. 1502. PAPER BALLOT AND MANUAL COUNTING RE13 QUIREMENTS. 

14 (a) IN GENERAL.—Section 301(a)(2) of the Help 

15 America Vote Act of 2002 (52 U.S.C. 21081(a)(2)) is 

16 amended to read as follows: 

17 ‘‘(2) PAPER BALLOT REQUIREMENT.— 

18 ‘‘(A) VOTER-VERIFIED PAPER BALLOTS.— 

19 ‘‘(i) PAPER BALLOT REQUIREMENT.— 

20 (I) The voting system shall require the use 

21 of an individual, durable, voter-verified 

22 paper ballot of the voter’s vote that shall 

23 be marked and made available for inspec24 tion and verification by the voter before 

25 the voter’s vote is cast and counted, and 

26 which shall be counted by hand or read by 


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1 an optical character recognition device or 

2 other counting device. For purposes of this 

3 subclause, the term ‘individual, durable, 

4 voter-verified paper ballot’ means a paper 

5 ballot marked by the voter by hand or a 

6 paper ballot marked through the use of a 

7 nontabulating ballot marking device or sys8 tem, so long as the voter shall have the op9 tion to mark his or her ballot by hand. 

10 ‘‘(II) The voting system shall provide 

11 the voter with an opportunity to correct 

12 any error on the paper ballot before the 

13 permanent voter-verified paper ballot is 

14 preserved in accordance with clause (ii). 

15 ‘‘(III) The voting system shall not 

16 preserve the voter-verified paper ballots in 

17 any manner that makes it possible, at any 

18 time after the ballot has been cast, to asso19 ciate a voter with the record of the voter’s 

20 vote without the voter’s consent. 

21 ‘‘(ii) PRESERVATION AS OFFICIAL

22 RECORD.—The individual, durable, voter23 verified paper ballot used in accordance 

24 with clause (i) shall constitute the official 

25 ballot and shall be preserved and used as 


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1 the official ballot for purposes of any re2 count or audit conducted with respect to 

3 any election for Federal office in which the 

4 voting system is used. 

5 ‘‘(iii) MANUAL COUNTING REQUIRE6 MENTS FOR RECOUNTS AND AUDITS.—(I) 

7 Each paper ballot used pursuant to clause 

8 (i) shall be suitable for a manual audit, 

9 and shall be counted by hand in any re10 count or audit conducted with respect to 

11 any election for Federal office. 

12 ‘‘(II) In the event of any inconsist13 encies or irregularities between any elec14 tronic vote tallies and the vote tallies de15 termined by counting by hand the indi16 vidual, durable, voter-verified paper ballots 

17 used pursuant to clause (i), and subject to 

18 subparagraph (B), the individual, durable, 

19 voter-verified paper ballots shall be the 

20 true and correct record of the votes cast. 

21 ‘‘(iv) APPLICATION TO ALL BAL22 LOTS.—The requirements of this subpara23 graph shall apply to all ballots cast in elec24 tions for Federal office, including ballots 

25 cast by absent uniformed services voters 


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1 and overseas voters under the Uniformed 

2 and Overseas Citizens Absentee Voting Act 

3 and other absentee voters. 

4 ‘‘(B) SPECIAL RULE FOR TREATMENT OF

5 DISPUTES WHEN PAPER BALLOTS HAVE BEEN

6 SHOWN TO BE COMPROMISED.— 

7 ‘‘(i) IN GENERAL.—In the event 

8 that— 

9 ‘‘(I) there is any inconsistency 

10 between any electronic vote tallies and 

11 the vote tallies determined by count12 ing by hand the individual, durable, 

13 voter-verified paper ballots used pur14 suant to subparagraph (A)(i) with re15 spect to any election for Federal of16 fice; and 

17 ‘‘(II) it is demonstrated by clear 

18 and convincing evidence (as deter19 mined in accordance with the applica20 ble standards in the jurisdiction in21 volved) in any recount, audit, or con22 test of the result of the election that 

23 the paper ballots have been com24 promised (by damage or mischief or 

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1 ber of the ballots have been so com2 promised that the result of the elec3 tion could be changed, 

4 the determination of the appropriate rem5 edy with respect to the election shall be 

6 made in accordance with applicable State 

7 law, except that the electronic tally shall 

8 not be used as the exclusive basis for de9 termining the official certified result. 

10 ‘‘(ii) RULE FOR CONSIDERATION OF

11 BALLOTS ASSOCIATED WITH EACH VOTING

12 MACHINE.—For purposes of clause (i), 

13 only the paper ballots deemed com14 promised, if any, shall be considered in the 

15 calculation of whether or not the result of 

16 the election could be changed due to the 

17 compromised paper ballots.’’. 

18 (b) CONFORMING AMENDMENT CLARIFYING APPLI19 CABILITY OF ALTERNATIVE LANGUAGE ACCESSIBILITY.— 

20 Section 301(a)(4) of such Act (52 U.S.C. 21081(a)(4)) 

21 is amended by inserting ‘‘(including the paper ballots re22 quired to be used under paragraph (2))’’ after ‘‘voting sys23 tem’’. 


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1 (c) OTHER CONFORMING AMENDMENTS.—Section 

2 301(a)(1) of such Act (52 U.S.C. 21081(a)(1)) is amend3 ed— 

4 (1) in subparagraph (A)(i), by striking ‘‘count5 ed’’ and inserting ‘‘counted, in accordance with 

6 paragraphs (2) and (3)’’; 

7 (2) in subparagraph (A)(ii), by striking ‘‘count8 ed’’ and inserting ‘‘counted, in accordance with 

9 paragraphs (2) and (3)’’; 

10 (3) in subparagraph (A)(iii), by striking ‘‘count11 ed’’ each place it appears and inserting ‘‘counted, in 

12 accordance with paragraphs (2) and (3)’’; and 

13 (4) in subparagraph (B)(ii), by striking ‘‘count14 ed’’ and inserting ‘‘counted, in accordance with 

15 paragraphs (2) and (3)’’. 

16 SEC. 1503. ACCESSIBILITY AND BALLOT VERIFICATION FOR 

17 INDIVIDUALS WITH DISABILITIES. 

18 (a) IN GENERAL.—Section 301(a)(3)(B) of the Help 

19 America Vote Act of 2002 (52 U.S.C. 21081(a)(3)(B)) is 

20 amended to read as follows: 

21 ‘‘(B)(i) ensure that individuals with dis22 abilities and others are given an equivalent op23 portunity to vote, including with privacy and 

24 independence, in a manner that produces a 

25 voter-verified paper ballot as for other voters; 


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1 ‘‘(ii) satisfy the requirement of subpara2 graph (A) through the use of at least one voting 

3 system equipped for individuals with disabil4 ities, including nonvisual and enhanced visual 

5 accessibility for the blind and visually impaired, 

6 and nonmanual and enhanced manual accessi7 bility for the mobility and dexterity impaired, at 

8 each polling place; and 

9 ‘‘(iii) meet the requirements of subpara10 graph (A) and paragraph (2)(A) by using a sys11 tem that— 

12 ‘‘(I) allows the voter to privately and 

13 independently verify the permanent paper 

14 ballot through the presentation, in acces15 sible form, of the printed or marked vote 

16 selections from the same printed or 

17 marked information that would be used for 

18 any vote counting or auditing; and 

19 ‘‘(II) allows the voter to privately and 

20 independently verify and cast the perma21 nent paper ballot without requiring the 

22 voter to manually handle the paper bal23 lot;’’. 


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1 (b) SPECIFIC REQUIREMENT OF STUDY, TESTING, 

2 AND DEVELOPMENT OF ACCESSIBLE PAPER BALLOT

3 VERIFICATION MECHANISMS.— 

4 (1) STUDY AND REPORTING.—Subtitle C of 

5 title II of such Act (52 U.S.C. 21081 et seq.) is 

6 amended— 

7 (A) by redesignating section 247 as section 

8 248; and 

9 (B) by inserting after section 246 the fol10 lowing new section: 

11 ‘‘SEC. 247. STUDY AND REPORT ON ACCESSIBLE PAPER 

12 BALLOT VERIFICATION MECHANISMS. 

13 ‘‘(a) STUDY AND REPORT.—The Director of the Na14 tional Science Foundation shall make grants to not fewer 

15 than 3 eligible entities to study, test, and develop acces16 sible paper ballot voting, verification, and casting mecha17 nisms and devices and best practices to enhance the acces18 sibility of paper ballot voting and verification mechanisms 

19 for individuals with disabilities, for voters whose primary 

20 language is not English, and for voters with difficulties 

21 in literacy, including best practices for the mechanisms 

22 themselves and the processes through which the mecha23 nisms are used. 

24 ‘‘(b) ELIGIBILITY.—An entity is eligible to receive a 

25 grant under this part if it submits to the Director (at such 


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1 time and in such form as the Director may require) an 

2 application containing— 

3 ‘‘(1) certifications that the entity shall specifi4 cally investigate enhanced methods or devices, in5 cluding non-electronic devices, that will assist such 

6 individuals and voters in marking voter-verified 

7 paper ballots and presenting or transmitting the in8 formation printed or marked on such ballots back to 

9 such individuals and voters, and casting such ballots; 

10 ‘‘(2) a certification that the entity shall com11 plete the activities carried out with the grant not 

12 later than December 31, 2022; and 

13 ‘‘(3) such other information and certifications 

14 as the Director may require. 

15 ‘‘(c) AVAILABILITY OF TECHNOLOGY.—Any tech16 nology developed with the grants made under this section 

17 shall be treated as non-proprietary and shall be made 

18 available to the public, including to manufacturers of vot19 ing systems. 

20 ‘‘(d) COORDINATION WITH GRANTS FOR TECH21 NOLOGY IMPROVEMENTS.—The Director shall carry out 

22 this section so that the activities carried out with the 

23 grants made under subsection (a) are coordinated with the 

24 research conducted under the grant program carried out 

25 by the Commission under section 271, to the extent that 


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1 the Director and Commission determine necessary to pro2 vide for the advancement of accessible voting technology. 

3 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

4 is authorized to be appropriated to carry out subsection 

5 (a) $5,000,000, to remain available until expended.’’. 

6 (2) CLERICAL AMENDMENT.—The table of con7 tents of such Act is amended— 

8 (A) by redesignating the item relating to 

9 section 247 as relating to section 248; and 

10 (B) by inserting after the item relating to 

11 section 246 the following new item: 

‘‘Sec. 247. Study and report on accessible paper ballot verification mechanisms.’’. 

12 (c) CLARIFICATION OF ACCESSIBILITY STANDARDS

13 UNDER VOLUNTARY VOTING SYSTEM GUIDANCE.—In 

14 adopting any voluntary guidance under subtitle B of title 

15 III of the Help America Vote Act with respect to the ac16 cessibility of the paper ballot verification requirements for 

17 individuals with disabilities, the Election Assistance Com18 mission shall include and apply the same accessibility 

19 standards applicable under the voluntary guidance adopt20 ed for accessible voting systems under such subtitle. 

21 (d) PERMITTING USE OF FUNDS FOR PROTECTION

22 AND ADVOCACY SYSTEMS TO SUPPORT ACTIONS TO EN23 FORCE ELECTION-RELATED DISABILITY ACCESS.—Sec24 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 

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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. 

15 ‘‘(IV) TRAINING OF ELECTION

16 OFFICIALS.—The chief State election 

17 official shall ensure that election offi18 cials at polling places in the State are 

19 aware of the requirements of this 

20 clause, including the requirement to 

21 display a notice under subclause (III), 

22 and are aware that it is a violation of 

23 the requirements of this title for an 

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1 vidual the opportunity to cast a vote 

2 using a blank pre-printed paper ballot. 

3 ‘‘(V) PERIOD OF APPLICA4 BILITY.—The requirements of this 

5 clause apply only during the period in 

6 which the delay is in effect under 

7 clause (i). 

8 ‘‘(C) SPECIAL RULE FOR JURISDICTIONS

9 USING CERTAIN NONTABULATING BALLOT

10 MARKING DEVICES.—In the case of a jurisdic11 tion which uses a nontabulating ballot marking 

12 device which automatically deposits the ballot 

13 into a privacy sleeve, subparagraph (A) shall 

14 apply to a voting system in the jurisdiction as 

15 if the reference in such subparagraph to ‘any 

16 election for Federal office held in 2022 or any 

17 succeeding year’ were a reference to ‘elections 

18 for Federal office occurring held in 2024 or 

19 each succeeding year’, but only with respect to 

20 paragraph (3)(B)(iii)(II) of subsection (a) (re21 lating to nonmanual casting of the durable 

22 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 shall count each vote 

17 on such ballot for each election in which the indi18 vidual who cast such ballot is eligible to vote. 

19 ‘‘(2) EFFECTIVE DATE.—This subsection shall 

20 apply with respect to elections held on or after Janu21 ary 1, 2022. 

22 ‘‘(e) UNIFORM AND NONDISCRIMINATORY STAND23 ARDS.— 

24 ‘‘(1) IN GENERAL.—Consistent with the re25 quirements of this section, each State shall establish 


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1 uniform and nondiscriminatory standards for the 

2 issuance, handling, and counting of provisional bal3 lots. 

4 ‘‘(2) EFFECTIVE DATE.—This subsection shall 

5 apply with respect to elections held on or after Janu6 ary 1, 2022.’’. 

7 (b) CONFORMING AMENDMENT.—Section 302(f) of 

8 such Act (52 U.S.C. 21082(f)), as redesignated by sub9 section (a), is amended by striking ‘‘Each State’’ and in10 serting ‘‘Except as provided in subsections (d)(2) and 

11 (e)(2), each State’’. 

12 Subtitle H—Early Voting 

13 SEC. 1611. EARLY VOTING. 

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

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

16 as amended by section 1031(a) and section 1101(a), is 

17 amended— 

18 (1) by redesignating sections 306 and 307 as 

19 sections 307 and 308; and 

20 (2) by inserting after section 305 the following 

21 new section: 

22 ‘‘SEC. 306. EARLY VOTING. 

23 ‘‘(a) REQUIRING VOTING PRIOR TO DATE OF ELEC24 TION.— 


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1 ‘‘(1) IN GENERAL.—Each State shall allow indi2 viduals to vote in an election for Federal office dur3 ing an early voting period which occurs prior to the 

4 date of the election, in the same manner as voting 

5 is allowed on such date. 

6 ‘‘(2) LENGTH OF PERIOD.—The early voting 

7 period required under this subsection with respect to 

8 an election shall consist of a period of consecutive 

9 days (including weekends) which begins on the 15th 

10 day before the date of the election (or, at the option 

11 of the State, on a day prior to the 15th day before 

12 the date of the election) and ends on the date of the 

13 election. 

14 ‘‘(b) MINIMUM EARLY VOTING REQUIREMENTS.— 

15 Each polling place which allows voting during an early vot16 ing period under subsection (a) shall— 

17 ‘‘(1) allow such voting for no less than 10 hours 

18 on each day; 

19 ‘‘(2) have uniform hours each day for which 

20 such voting occurs; and 

21 ‘‘(3) allow such voting to be held for some pe22 riod of time prior to 9:00 a.m (local time) and some 

23 period of time after 5:00 p.m. (local time). 

24 ‘‘(c) LOCATION OF POLLING PLACES.— 


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1 ‘‘(1) PROXIMITY TO PUBLIC TRANSPOR2 TATION.—To the greatest extent practicable, a State 

3 shall ensure that each polling place which allows vot4 ing during an early voting period under subsection 

5 (a) is located within walking distance of a stop on 

6 a public transportation route. 

7 ‘‘(2) AVAILABILITY IN RURAL AREAS.—The 

8 State shall ensure that polling places which allow 

9 voting during an early voting period under sub10 section (a) will be located in rural areas of the State, 

11 and shall ensure that such polling places are located 

12 in communities which will provide the greatest op13 portunity for residents of rural areas to vote during 

14 the early voting period. 

15 ‘‘(d) STANDARDS.— 

16 ‘‘(1) IN GENERAL.—The Commission shall issue 

17 standards for the administration of voting prior to 

18 the day scheduled for a Federal election. Such 

19 standards shall include the nondiscriminatory geo20 graphic placement of polling places at which such 

21 voting occurs. 

22 ‘‘(2) DEVIATION.—The standards described in 

23 paragraph (1) shall permit States, upon providing 

24 adequate public notice, to deviate from any require25 ment in the case of unforeseen circumstances such 


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1 as a natural disaster, terrorist attack, or a change 

2 in voter turnout. 

3 ‘‘(e) BALLOT PROCESSING AND SCANNING REQUIRE4 MENTS.— 

5 ‘‘(1) IN GENERAL.—The State shall begin proc6 essing and scanning ballots cast during early voting 

7 for tabulation at least 14 days prior to the date of 

8 the election involved. 

9 ‘‘(2) LIMITATION.—Nothing in this subsection 

10 shall be construed to permit a State to tabulate bal11 lots in an election before the closing of the polls on 

12 the date of the election. 

13 ‘‘(f) 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 RELATING TO

18 ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION AS19 SISTANCE COMMISSION.—Section 321(b) of such Act (52 

20 U.S.C. 21101(b)), as redesignated and amended by sec21 tion 1101(b), is amended— 

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

23 (3); 

24 (2) by striking the period at the end of para25 graph (4) and inserting ‘‘; and’’; and 


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

2 paragraph: 

3 ‘‘(5) except as provided in paragraph (4), in the 

4 case of the recommendations with respect to any sec5 tion added by the For the People Act of 2021, June 

6 30, 2022.’’. 

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

8 of such Act, as amended by section 1031(c) and section 

9 1101(d), is amended— 

10 (1) by redesignating the items relating to sec11 tions 306 and 307 as relating to sections 307 and 

12 308; and 

13 (2) by inserting after the item relating to sec14 tion 305 the following new item: 

‘‘Sec. 306. Early voting.’’. 

15 Subtitle I—Voting by Mail 

16 SEC. 1621. VOTING BY MAIL. 

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

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

19 as amended by section 1031(a), section 1101(a), and sec20 tion 1611(a), is amended— 

21 (1) by redesignating sections 307 and 308 as 

22 sections 308 and 309; and 

23 (2) by inserting after section 306 the following 

24 new section: 


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1 ‘‘SEC. 307. PROMOTING ABILITY OF VOTERS TO VOTE BY 

2 MAIL. 

3 ‘‘(a) UNIFORM AVAILABILITY OF ABSENTEE VOTING

4 TO ALL VOTERS.— 

5 ‘‘(1) IN GENERAL.—If an individual in a State 

6 is eligible to cast a vote in an election for Federal 

7 office, the State may not impose any additional con8 ditions or requirements on the eligibility of the indi9 vidual to cast the vote in such election by absentee 

10 ballot by mail. 

11 ‘‘(2) ADMINISTRATION OF VOTING BY MAIL.— 

12 ‘‘(A) PROHIBITING IDENTIFICATION RE13 QUIREMENT AS CONDITION OF OBTAINING BAL14 LOT.—A State may not require an individual to 

15 provide any form of identification as a condition 

16 of obtaining an absentee ballot, except that 

17 nothing in this paragraph may be construed to 

18 prevent a State from requiring a signature of 

19 the individual or similar affirmation as a condi20 tion of obtaining an absentee ballot. 

21 ‘‘(B) PROHIBITING REQUIREMENT TO PRO22 VIDE NOTARIZATION OR WITNESS SIGNATURE

23 AS CONDITION OF OBTAINING OR CASTING BAL24 LOT.—A State may not require notarization or 

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1 tion (other than voter attestation) as a condi2 tion of obtaining or casting an absentee ballot. 

3 ‘‘(C) DEADLINE FOR RETURNING BAL4 LOT.—A State may impose a reasonable dead5 line for requesting the absentee ballot and re6 lated voting materials from the appropriate 

7 State or local election official and for returning 

8 the ballot to the appropriate State or local elec9 tion official. 

10 ‘‘(3) APPLICATION FOR ALL FUTURE ELEC11 TIONS.—At the option of an individual, a State shall 

12 treat the individual’s application to vote by absentee 

13 ballot by mail in an election for Federal office as an 

14 application for an absentee ballot by mail in all sub15 sequent Federal elections held in the State. 

16 ‘‘(4) NO EFFECT ON IDENTIFICATION REQUIRE17 MENTS FOR FIRST-TIME VOTERS REGISTERING BY

18 MAIL.—Nothing in this subsection may be construed 

19 to exempt any individual described in paragraph (1) 

20 of section 303(b) from meeting the requirements of 

21 paragraph (2) of such section. 

22 ‘‘(b) DUE PROCESS REQUIREMENTS FOR STATES

23 REQUIRING SIGNATURE VERIFICATION.— 

24 ‘‘(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 

23 the other defect prior to the expira24 tion of the 10-day period which begins 

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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; and 


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1 ‘‘(ii) each official who makes the de2 termination has received training in proce3 dures used to verify signatures. 

4 ‘‘(3) REPORT.— 

5 ‘‘(A) IN GENERAL.—Not later than 120 

6 days after the end of a Federal election cycle, 

7 each chief State election official shall submit to 

8 Congress a report containing the following in9 formation for the applicable Federal election 

10 cycle in the State: 

11 ‘‘(i) The number of ballots invalidated 

12 due to a discrepancy under this subsection. 

13 ‘‘(ii) Description of attempts to con14 tact voters to provide notice as required by 

15 this subsection. 

16 ‘‘(iii) Description of the cure process 

17 developed by such State pursuant to this 

18 subsection, including the number of ballots 

19 determined valid as a result of such proc20 ess. 

21 ‘‘(B) FEDERAL ELECTION CYCLE DE22 FINED.—For purposes of this subsection, the 

23 term ‘Federal election cycle’ means the period 

24 beginning on January 1 of any odd numbered 


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1 year and ending on December 31 of the fol2 lowing year. 

3 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

4 this subsection shall be construed— 

5 ‘‘(A) to prohibit a State from rejecting a 

6 ballot attempted to be cast in an election for 

7 Federal office by an individual who is not eligi8 ble to vote in the election; or 

9 ‘‘(B) to prohibit a State from providing an 

10 individual with more time and more methods 

11 for curing a discrepancy in the individual’s sig12 nature, providing a missing signature, or curing 

13 any other defect than the State is required to 

14 provide under this subsection. 

15 ‘‘(c) METHODS AND TIMING FOR TRANSMISSION OF

16 BALLOTS AND BALLOTING MATERIALS TO VOTERS.— 

17 ‘‘(1) METHODS FOR REQUESTING BALLOT.— 

18 ‘‘(A) IN GENERAL.—In addition to such 

19 other methods as the State may establish for an 

20 individual to request an absentee ballot, the 

21 State shall permit an individual— 

22 ‘‘(i) to submit a request for an absen23 tee ballot online; and 

24 ‘‘(ii) to submit a request for an absen25 tee ballot through the use of an automated 


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1 telephone-based system, subject to the 

2 same terms and conditions applicable 

3 under this paragraph to the services made 

4 available online. 

5 ‘‘(B) TREATMENT OF WEBSITES.—The 

6 State shall be considered to meet the require7 ments of subparagraph (A)(i) if the website of 

8 the appropriate State or local election official 

9 allows an absentee ballot request application to 

10 be completed and submitted online and if the 

11 website permits the individual— 

12 ‘‘(i) to print the application so that 

13 the individual may complete the application 

14 and return it to the official; or 

15 ‘‘(ii) request that a paper copy of the 

16 application be transmitted to the individual 

17 by mail or electronic mail so that the indi18 vidual may complete the application and 

19 return it to the official. 

20 ‘‘(2) ENSURING DELIVERY PRIOR TO ELEC21 TION.—If an individual requests to vote by absentee 

22 ballot in an election for Federal office, the appro23 priate State or local election official shall ensure 

24 that the ballot and relating voting materials are re25 ceived by the individual prior to the date of the elecVerDate Sep 11 2014 18:47 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

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1 tion so long as the individual’s request is received by 

2 the official not later than 5 days (excluding Satur3 days, Sundays, and legal public holidays) before the 

4 date of the election, except that nothing in this para5 graph shall preclude a State or local jurisdiction 

6 from allowing for the acceptance and processing of 

7 ballot requests submitted or received after such re8 quired period. 

9 ‘‘(d) ACCESSIBILITY FOR INDIVIDUALS WITH DIS10 ABILITIES.—The State shall ensure that all absentee bal11 lot applications, absentee ballots, and related voting mate12 rials in elections for Federal office are accessible to indi13 viduals with disabilities in a manner that provides the 

14 same opportunity for access and participation (including 

15 with privacy and independence) as for other voters. 

16 ‘‘(e) UNIFORM DEADLINE FOR ACCEPTANCE OF

17 MAILED BALLOTS.— 

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

19 accept or process a ballot submitted by an individual 

20 by mail with respect to an election for Federal office 

21 in the State on the grounds that the individual did 

22 not meet a deadline for returning the ballot to the 

23 appropriate State or local election official if— 

24 ‘‘(A) the ballot is postmarked, signed, or 

25 otherwise indicated by the United States Postal 


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1 Service to have been mailed on or before the 

2 date of the election; and 

3 ‘‘(B) the ballot is received by the appro4 priate election official prior to the expiration of 

5 the 10-day period which begins on the date of 

6 the election. 

7 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

8 this subsection shall be construed to prohibit a State 

9 from having a law that allows for counting of ballots 

10 in an election for Federal office that are received 

11 through the mail after the date that is 10 days after 

12 the date of the election. 

13 ‘‘(f) ALTERNATIVE METHODS OF RETURNING BAL14 LOTS.— 

15 ‘‘(1) IN GENERAL.—In addition to permitting 

16 an individual to whom a ballot in an election was 

17 provided under this section to return the ballot to an 

18 election official by mail, the State shall permit the 

19 individual to cast the ballot by delivering the ballot 

20 at such times and to such locations as the State may 

21 establish, including— 

22 ‘‘(A) permitting the individual to deliver 

23 the ballot to a polling place on any date on 

24 which voting in the election is held at the poll25 ing place; and 


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1 ‘‘(B) permitting the individual to deliver 

2 the ballot to a designated ballot drop-off loca3 tion, a tribally designated building, or the office 

4 of a State or local election official. 

5 ‘‘(2) PERMITTING VOTERS TO DESIGNATE

6 OTHER PERSON TO RETURN BALLOT.—The State— 

7 ‘‘(A) shall permit a voter to designate any 

8 person to return a voted and sealed absentee 

9 ballot to the post office, a ballot drop-off loca10 tion, tribally designated building, or election of11 fice so long as the person designated to return 

12 the ballot does not receive any form of com13 pensation based on the number of ballots that 

14 the person has returned and no individual, 

15 group, or organization provides compensation 

16 on this basis; and 

17 ‘‘(B) may not put any limit on how many 

18 voted and sealed absentee ballots any des19 ignated person can return to the post office, a 

20 ballot drop off location, tribally designated 

21 building, or election office. 

22 ‘‘(g) BALLOT PROCESSING AND SCANNING REQUIRE23 MENTS.— 

24 ‘‘(1) IN GENERAL.—The State shall begin proc25 essing and scanning ballots cast by mail for tabulaVerDate Sep 11 2014 18:47 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

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1 tion at least 14 days prior to the date of the election 

2 involved. 

3 ‘‘(2) LIMITATION.—Nothing in this subsection 

4 shall be construed to permit a State to tabulate bal5 lots in an election before the closing of the polls on 

6 the date of the election. 

7 ‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec8 tion shall be construed to affect the authority of States 

9 to conduct elections for Federal office through the use of 

10 polling places at which individuals cast ballots. 

11 ‘‘(i) NO EFFECT ON BALLOTS SUBMITTED BY AB12 SENT MILITARY AND OVERSEAS VOTERS.—Nothing in 

13 this section may be construed to affect the treatment of 

14 any ballot submitted by an individual who is entitled to 

15 vote by absentee ballot under the Uniformed and Overseas 

16 Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). 

17 ‘‘(j) EFFECTIVE DATE.—This section shall apply 

18 with respect to the regularly scheduled general election for 

19 Federal office held in November 2022 and each succeeding 

20 election for Federal office.’’. 

21 (b) CLERICAL AMENDMENT.—The table of contents 

22 of such Act, as amended by section 1031(c), section 

23 1101(d), and section 1611(c), is amended— 


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1 (1) by redesignating the items relating to sec2 tions 307 and 308 as relating to sections 308 and 

3 309; and 

4 (2) by inserting after the item relating to sec5 tion 306 the following new item: 

‘‘Sec. 307. Promoting ability of voters to vote by mail.’’. 

6 (c) DEVELOPMENT OF ALTERNATIVE VERIFICATION

7 METHODS.— 

8 (1) DEVELOPMENT OF STANDARDS.—The Na9 tional Institute of Standards, in consultation with 

10 the Election Assistance Commission, shall develop 

11 standards for the use of alternative methods which 

12 could be used in place of signature verification re13 quirements for purposes of verifying the identifica14 tion of an individual voting by absentee ballot in 

15 elections for Federal office. 

16 (2) PUBLIC NOTICE AND COMMENT.—The Na17 tional Institute of Standards shall solicit comments 

18 from the public in the development of standards 

19 under paragraph (1). 

20 (3) DEADLINE.—Not later than one year after 

21 the date of the enactment of this Act, the National 

22 Institute of Standards shall publish the standards 

23 developed under paragraph (1). 


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1 SEC. 1622. ABSENTEE BALLOT TRACKING PROGRAM. 

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

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

4 as amended by section 1031(a), section 1101(a), section 

5 1611(a), and section 1621(a), is amended— 

6 (1) by redesignating sections 308 and 309 as 

7 sections 309 and 310; and 

8 (2) by inserting after section 307 the following 

9 new section: 

10 ‘‘SEC. 308. ABSENTEE BALLOT TRACKING PROGRAM. 

11 ‘‘(a) REQUIREMENT.—Each State shall carry out a 

12 program to track and confirm the receipt of absentee bal13 lots in an election for Federal office under which the State 

14 or local election official responsible for the receipt of voted 

15 absentee ballots in the election carries out procedures to 

16 track and confirm the receipt of such ballots, and makes 

17 information on the receipt of such ballots available to the 

18 individual who cast the ballot, by means of online access 

19 using the Internet site of the official’s office. 

20 ‘‘(b) INFORMATION ON WHETHER VOTE WAS

21 COUNTED.—The information referred to under subsection 

22 (a) with respect to the receipt of an absentee ballot shall 

23 include information regarding whether the vote cast on the 

24 ballot was counted, and, in the case of a vote which was 

25 not counted, the reasons therefor. 


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1 ‘‘(c) USE OF TOLL-FREE TELEPHONE NUMBER BY

2 OFFICIALS WITHOUT INTERNET SITE.—A program estab3 lished by a State or local election official whose office does 

4 not have an Internet site may meet the requirements of 

5 subsection (a) if the official has established a toll-free tele6 phone number that may be used by an individual who cast 

7 an absentee ballot to obtain the information on the receipt 

8 of the voted absentee ballot as provided under such sub9 section. 

10 ‘‘(d) EFFECTIVE DATE.—This section shall apply 

11 with respect to the regularly scheduled general election for 

12 Federal office held in November 2022 and each succeeding 

13 election for Federal office.’’. 

14 (b) REIMBURSEMENT FOR COSTS INCURRED BY

15 STATES IN ESTABLISHING PROGRAM.—Subtitle D of title 

16 II of the Help America Vote Act of 2002 (42 U.S.C. 

17 15401 et seq.) is amended by adding at the end the fol18 lowing new part: 

19 ‘‘PART 7—PAYMENTS TO REIMBURSE STATES 

20 FOR COSTS INCURRED IN ESTABLISHING 

21 PROGRAM TO TRACK AND CONFIRM RE22 CEIPT OF ABSENTEE BALLOTS 

23 ‘‘SEC. 297. PAYMENTS TO STATES. 

24 ‘‘(a) PAYMENTS FOR COSTS OF PROGRAM.—In ac25 cordance with this section, the Commission shall make a 


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1 payment to a State to reimburse the State for the costs 

2 incurred in establishing the absentee ballot tracking pro3 gram under section 308 (including costs incurred prior to 

4 the date of the enactment of this part). 

5 ‘‘(b) CERTIFICATION OF COMPLIANCE AND COSTS.— 

6 ‘‘(1) CERTIFICATION REQUIRED.—In order to 

7 receive a payment under this section, a State shall 

8 submit to the Commission a statement containing— 

9 ‘‘(A) a certification that the State has es10 tablished an absentee ballot tracking program 

11 with respect to elections for Federal office held 

12 in the State; and 

13 ‘‘(B) a statement of the costs incurred by 

14 the State in establishing the program. 

15 ‘‘(2) AMOUNT OF PAYMENT.—The amount of a 

16 payment made to a State under this section shall be 

17 equal to the costs incurred by the State in estab18 lishing the absentee ballot tracking program, as set 

19 forth in the statement submitted under paragraph 

20 (1), except that such amount may not exceed the 

21 product of— 

22 ‘‘(A) the number of jurisdictions in the 

23 State which are responsible for operating the 

24 program; and 

25 ‘‘(B) $3,000. 


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1 ‘‘(3) LIMIT ON NUMBER OF PAYMENTS RE2 CEIVED.—A State may not receive more than one 

3 payment under this part. 

4 ‘‘SEC. 297A. AUTHORIZATION OF APPROPRIATIONS. 

5 ‘‘(a) AUTHORIZATION.—There are authorized to be 

6 appropriated to the Commission for fiscal year 2022 and 

7 each succeeding fiscal year such sums as may be necessary 

8 for payments under this part. 

9 ‘‘(b) CONTINUING AVAILABILITY OF FUNDS.—Any 

10 amounts appropriated pursuant to the authorization under 

11 this section shall remain available until expended.’’. 

12 (c) CLERICAL AMENDMENTS.—The table of contents 

13 of such Act, as amended by section 1031(c), section 

14 1101(d), section 1611(c), and section 1621(b), is amend15 ed— 

16 (1) by adding at the end of the items relating 

17 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.’’; 

18 (2) by redesignating the items relating to sec19 tions 308 and 309 as relating to sections 309 and 

20 310; and 

21 (3) by inserting after the item relating to sec22 tion 307 the following new item: 

‘‘Sec. 308. Absentee ballot tracking program.’’. 


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1 SEC. 1623. VOTING MATERIALS POSTAGE. 

2 (a) PREPAYMENT OF POSTAGE ON RETURN ENVE3 LOPES.— 

4 (1) IN GENERAL.—Subtitle A of title III of the 

5 Help America Vote Act of 2002 (52 U.S.C. 21081 

6 et seq.), as amended by section 1031(a), section 

7 1101(a), section 1611(a), section 1621(a), and sec8 tion 1622(a), is amended— 

9 (A) by redesignating sections 309 and 310 

10 as sections 310 and 311; and 

11 (B) by inserting after section 308 the fol12 lowing new section: 

13 ‘‘SEC. 309. PREPAYMENT OF POSTAGE ON RETURN ENVE14 LOPES FOR VOTING MATERIALS. 

15 ‘‘(a) PROVISION OF RETURN ENVELOPES.—The ap16 propriate State or local election official shall provide a 

17 self-sealing return envelope with— 

18 ‘‘(1) any voter registration application form 

19 transmitted to a registrant by mail; 

20 ‘‘(2) any application for an absentee ballot 

21 transmitted to an applicant by mail; and 

22 ‘‘(3) any blank absentee ballot transmitted to a 

23 voter by mail. 

24 ‘‘(b) PREPAYMENT OF POSTAGE.—Consistent with 

25 regulations of the United States Postal Service, the State 

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1 istration of the election involved shall prepay the postage 

2 on any envelope provided under subsection (a). 

3 ‘‘(c) NO EFFECT ON BALLOTS OR BALLOTING MATE4 RIALS TRANSMITTED TO ABSENT MILITARY AND OVER5 SEAS VOTERS.—Nothing in this section may be construed 

6 to affect the treatment of any ballot or balloting materials 

7 transmitted to an individual who is entitled to vote by ab8 sentee ballot under the Uniformed and Overseas Citizens 

9 Absentee Voting Act (52 U.S.C. 20301 et seq.). 

10 ‘‘(d) EFFECTIVE DATE.—This section shall take ef11 fect on the date that is 90 days after the date of the enact12 ment of this section, except that— 

13 ‘‘(1) State and local jurisdictions shall make ar14 rangements with the United States Postal Service to 

15 pay for all postage costs that such jurisdictions 

16 would be required to pay under this section if this 

17 section took effect on the date of enactment; and 

18 ‘‘(2) States shall take all reasonable efforts to 

19 provide self-sealing return envelopes as provided in 

20 this section.’’. 

21 (2) CLERICAL AMENDMENT.—The table of con22 tents of such Act, as amended by section 1031(c), 

23 section 1101(d), section 1611(c), and section 

24 1621(b), is amended— 


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1 (A) by redesignating the items relating to 

2 sections 309 and 310 as relating to sections 

3 310 and 311; and 

4 (B) by inserting after the item relating to 

5 section 308 the following new item: 

‘‘Sec. 309. Prepayment of postage on return envelopes for voting materials.’’. 

6 (b) ROLE OF UNITED STATES POSTAL SERVICE.— 

7 (1) IN GENERAL.—Chapter 34 of title 39, 

8 United States Code, is amended by adding after sec9 tion 3406 the following: 

10 ‘‘§ 3407. Voting materials 

11 ‘‘(a) Any voter registration application, absentee bal12 lot application, or absentee ballot with respect to any elec13 tion for Federal office shall be carried in accordance with 

14 the service standards established for first-class mail, re15 gardless of the class of postage prepaid. 

16 ‘‘(b) As used in this section— 

17 ‘‘(1) the term ‘absentee ballot’ means any ballot 

18 transmitted by a voter by mail in an election for 

19 Federal office, but does not include any ballot cov20 ered by section 3406; and 

21 ‘‘(2) the term ‘election for Federal office’ means 

22 a general, special, primary, or runoff election for the 

23 office of President or Vice President, or of Senator 

24 or Representative in, or Delegate or Resident Com25 missioner to, the Congress. 


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1 ‘‘(c) Nothing in this section may be construed to af2 fect the treatment of any ballot or balloting materials 

3 transmitted to an individual who is entitled to vote by ab4 sentee ballot under the Uniformed and Overseas Citizens 

5 Absentee Voting Act (52 U.S.C. 20301 et seq.).’’. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions for chapter 34 of such title is amended by in8 serting after the item relating to section 3406 the 

9 following: 

‘‘3407. Voting materials.’’. 

10 Subtitle J—Absent Uniformed 

11 Services Voters and Overseas 

12 Voters 

13 SEC. 1701. PRE-ELECTION REPORTS ON AVAILABILITY AND 

14 TRANSMISSION OF ABSENTEE BALLOTS. 

15 Section 102(c) of the Uniformed and Overseas Citi16 zens Absentee Voting Act (52 U.S.C. 20302(c)) is amend17 ed to read as follows: 

18 ‘‘(c) REPORTS ON AVAILABILITY, TRANSMISSION, 

19 AND RECEIPT OF ABSENTEE BALLOTS.— 

20 ‘‘(1) PRE-ELECTION REPORT ON ABSENTEE

21 BALLOT AVAILABILITY.—Not later than 55 days be22 fore any regularly scheduled general election for 

23 Federal office, each State shall submit a report to 

24 the Attorney General, the Election Assistance Com25 mission (hereafter in this subsection referred to as 


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1 the ‘Commission’), and the Presidential Designee, 

2 and make that report publicly available that same 

3 day, certifying that absentee ballots for the election 

4 are or will be available for transmission to absent 

5 uniformed services voters and overseas voters by not 

6 later than 45 days before the election. The report 

7 shall be in a form prescribed jointly by the Attorney 

8 General and the Commission and shall require the 

9 State to certify specific information about ballot 

10 availability from each unit of local government which 

11 will administer the election. 

12 ‘‘(2) PRE-ELECTION REPORT ON ABSENTEE

13 BALLOT TRANSMISSION.—Not later than 43 days be14 fore any regularly scheduled general election for 

15 Federal office, each State shall submit a report to 

16 the Attorney General, the Commission, and the 

17 Presidential Designee, and make that report publicly 

18 available that same day, certifying whether all ab19 sentee ballots have been transmitted by not later 

20 than 45 days before the election to all qualified ab21 sent uniformed services and overseas voters whose 

22 requests were received at least 45 days before the 

23 election. The report shall be in a form prescribed 

24 jointly by the Attorney General and the Commission, 

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1 mation about ballot transmission, including the total 

2 numbers of ballot requests received and ballots 

3 transmitted, from each unit of local government 

4 which will administer the election. 

5 ‘‘(3) POST-ELECTION REPORT ON NUMBER OF

6 ABSENTEE BALLOTS TRANSMITTED AND RE7 CEIVED.—Not later than 90 days after the date of 

8 each regularly scheduled general election for Federal 

9 office, each State and unit of local government 

10 which administered the election shall (through the 

11 State, in the case of a unit of local government) sub12 mit a report to the Attorney General, the Commis13 sion, and the Presidential Designee on the combined 

14 number of absentee ballots transmitted to absent 

15 uniformed services voters and overseas voters for the 

16 election and the combined number of such ballots 

17 which were returned by such voters and cast in the 

18 election, and shall make such report available to the 

19 general public that same day.’’. 

20 SEC. 1702. ENFORCEMENT. 

21 (a) AVAILABILITY OF CIVIL PENALTIES AND PRI22 VATE RIGHTS OF ACTION.—Section 105 of the Uniformed 

23 and Overseas Citizens Absentee Voting Act (52 U.S.C. 

24 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 18:47 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH 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 2020 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. EFFECTIVE DATE. 

9 Except as provided in section 1702(b) and section 

10 1704(b), the amendments made by this subtitle shall apply 

11 with respect to elections occurring on or after January 1, 

12 2022. 

13 Subtitle K—Poll Worker 

14 Recruitment and Training 

15 SEC. 1801. GRANTS TO STATES FOR POLL WORKER RE16 CRUITMENT AND TRAINING. 

17 (a) GRANTS BY ELECTION ASSISTANCE COMMIS18 SION.— 

19 (1) IN GENERAL.—The Election Assistance 

20 Commission (hereafter referred to as the ‘‘Commis21 sion’’) shall, subject to the availability of appropria22 tions provided to carry out this section, make a 

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1 ing individuals to serve as poll workers on dates of 

2 elections for public office. 

3 (2) USE OF COMMISSION MATERIALS.—In car4 rying out activities with a grant provided under this 

5 section, the recipient of the grant shall use the man6 ual prepared by the Commission on successful prac7 tices for poll worker recruiting, training and reten8 tion as an interactive training tool, and shall develop 

9 training programs with the participation and input 

10 of experts in adult learning. 

11 (3) ACCESS AND CULTURAL CONSIDER12 ATIONS.—The Commission shall ensure that the 

13 manual described in paragraph (2) provides training 

14 in methods that will enable poll workers to provide 

15 access and delivery of services in a culturally com16 petent manner to all voters who use their services, 

17 including those with limited English proficiency, di18 verse cultural and ethnic backgrounds, disabilities, 

19 and regardless of gender, sexual orientation, or gen20 der identity. These methods must ensure that each 

21 voter will have access to poll worker services that are 

22 delivered in a manner that meets the unique needs 

23 of the voter. 

24 (b) REQUIREMENTS FOR ELIGIBILITY.— 


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1 (1) APPLICATION.—Each State that desires to 

2 receive a payment under this section shall submit an 

3 application for the payment to the Commission at 

4 such time and in such manner and containing such 

5 information as the Commission shall require. 

6 (2) CONTENTS OF APPLICATION.—Each appli7 cation submitted under paragraph (1) shall— 

8 (A) describe the activities for which assist9 ance under this section is sought; 

10 (B) provide assurances that the funds pro11 vided under this section will be used to supple12 ment and not supplant other funds used to 

13 carry out the activities; 

14 (C) provide assurances that the State will 

15 furnish the Commission with information on the 

16 number of individuals who served as poll work17 ers after recruitment and training with the 

18 funds provided under this section; and 

19 (D) provide such additional information 

20 and certifications as the Commission deter21 mines to be essential to ensure compliance with 

22 the requirements of this section. 

23 (c) AMOUNT OF GRANT.— 


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1 (1) IN GENERAL.—The amount of a grant 

2 made to a State under this section shall be equal to 

3 the product of— 

4 (A) the aggregate amount made available 

5 for grants to States under this section; and 

6 (B) the voting age population percentage 

7 for the State. 

8 (2) VOTING AGE POPULATION PERCENTAGE DE9 FINED.—In paragraph (1), the ‘‘voting age popu10 lation percentage’’ for a State is the quotient of— 

11 (A) the voting age population of the State 

12 (as determined on the basis of the most recent 

13 information available from the Bureau of the 

14 Census); and 

15 (B) the total voting age population of all 

16 States (as determined on the basis of the most 

17 recent information available from the Bureau of 

18 the Census). 

19 (d) REPORTS TO CONGRESS.— 

20 (1) REPORTS BY RECIPIENTS OF GRANTS.—Not 

21 later than 6 months after the date on which the 

22 final grant is made under this section, each recipient 

23 of a grant shall submit a report to the Commission 

24 on the activities conducted with the funds provided 

25 by the grant. 


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1 (2) REPORTS BY COMMISSION.—Not later than 

2 1 year after the date on which the final grant is 

3 made under this section, the Commission shall sub4 mit a report to Congress on the grants made under 

5 this section and the activities carried out by recipi6 ents with the grants, and shall include in the report 

7 such recommendations as the Commission considers 

8 appropriate. 

9 (e) FUNDING.— 

10 (1) CONTINUING AVAILABILITY OF AMOUNT AP11 PROPRIATED.—Any amount appropriated to carry 

12 out this section shall remain available without fiscal 

13 year limitation until expended. 

14 (2) ADMINISTRATIVE EXPENSES.—Of the 

15 amount appropriated for any fiscal year to carry out 

16 this section, not more than 3 percent shall be avail17 able for administrative expenses of the Commission. 

18 SEC. 1802. STATE DEFINED. 

19 In this subtitle, the term ‘‘State’’ includes the Dis20 trict of Columbia, the Commonwealth of Puerto Rico, 

21 Guam, American Samoa, the United States Virgin Is22 lands, and the Commonwealth of the Northern Mariana 

23 Islands. 


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1 Subtitle L—Enhancement of 

2 Enforcement 

3 SEC. 1811. ENHANCEMENT OF ENFORCEMENT OF HELP 

4 AMERICA VOTE ACT OF 2002. 

5 (a) COMPLAINTS; AVAILABILITY OF PRIVATE RIGHT

6 OF ACTION.—Section 401 of the Help America Vote Act 

7 of 2002 (52 U.S.C. 21111) is amended— 

8 (1) by striking ‘‘The Attorney General’’ and in9 serting ‘‘(a) IN GENERAL.—The Attorney General’’; 

10 and 

11 (2) by adding at the end the following new sub12 sections: 

13 ‘‘(b) FILING OF COMPLAINTS BY AGGRIEVED PER14 SONS.— 

15 ‘‘(1) IN GENERAL.—A person who is aggrieved 

16 by a violation of title III which has occurred, is oc17 curring, or is about to occur may file a written, 

18 signed, notarized complaint with the Attorney Gen19 eral describing the violation and requesting the At20 torney General to take appropriate action under this 

21 section. The Attorney General shall immediately pro22 vide a copy of a complaint filed under the previous 

23 sentence to the entity responsible for administering 

24 the State-based administrative complaint procedures 

25 described in section 402(a) for the State involved. 


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1 ‘‘(2) RESPONSE BY ATTORNEY GENERAL.—The 

2 Attorney General shall respond to each complaint 

3 filed under paragraph (1), in accordance with proce4 dures established by the Attorney General that re5 quire responses and determinations to be made with6 in the same (or shorter) deadlines which apply to a 

7 State under the State-based administrative com8 plaint procedures described in section 402(a)(2). 

9 The Attorney General shall immediately provide a 

10 copy of the response made under the previous sen11 tence to the entity responsible for administering the 

12 State-based administrative complaint procedures de13 scribed in section 402(a) for the State involved. 

14 ‘‘(c) AVAILABILITY OF PRIVATE RIGHT OF AC15 TION.—Any person who is authorized to file a complaint 

16 under subsection (b)(1) (including any individual who 

17 seeks to enforce the individual’s right to a voter-verified 

18 paper ballot, the right to have the voter-verified paper bal19 lot counted in accordance with this Act, or any other right 

20 under title III) may file an action under section 1979 of 

21 the Revised Statutes of the United States (42 U.S.C. 

22 1983) to enforce the uniform and nondiscriminatory elec23 tion technology and administration requirements under 

24 subtitle A of title III. 


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1 ‘‘(d) NO EFFECT ON STATE PROCEDURES.—Nothing 

2 in this section may be construed to affect the availability 

3 of the State-based administrative complaint procedures re4 quired under section 402 to any person filing a complaint 

5 under this subsection.’’. 

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

7 this section shall apply with respect to violations occurring 

8 with respect to elections for Federal office held in 2022 

9 or any succeeding year. 

10 Subtitle M—Federal Election 

11 Integrity 

12 SEC. 1821. PROHIBITION ON CAMPAIGN ACTIVITIES BY 

13 CHIEF STATE ELECTION ADMINISTRATION 

14 OFFICIALS. 

15 (a) IN GENERAL.—Title III of the Federal Election 

16 Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is 

17 amended by inserting after section 319 the following new 

18 section: 

19 ‘‘CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION

20 ADMINISTRATION OFFICIALS

21 ‘‘SEC. 319A. (a) PROHIBITION.—It shall be unlawful 

22 for a chief State election administration official to take 

23 an active part in political management or in a political 

24 campaign with respect to any election for Federal office 

25 over which such official has supervisory authority. 


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1 ‘‘(b) CHIEF STATE ELECTION ADMINISTRATION OF2 FICIAL.—The term ‘chief State election administration of3 ficial’ means the highest State official with responsibility 

4 for the administration of Federal elections under State 

5 law. 

6 ‘‘(c) ACTIVE PART IN POLITICAL MANAGEMENT OR

7 IN A POLITICAL CAMPAIGN.—The term ‘active part in po8 litical management or in a political campaign’ means— 

9 ‘‘(1) holding any position (including any unpaid 

10 or honorary position) with an authorized committee 

11 of a candidate, or participating in any decision-mak12 ing of an authorized committee of a candidate; 

13 ‘‘(2) the use of official authority or influence 

14 for the purpose of interfering with or affecting the 

15 result of an election for Federal office; 

16 ‘‘(3) the solicitation, acceptance, or receipt of a 

17 contribution from any person on behalf of a can18 didate for Federal office; and 

19 ‘‘(4) any other act which would be prohibited 

20 under paragraph (2) or (3) of section 7323(b) of 

21 title 5, United States Code, if taken by an individual 

22 to whom such paragraph applies (other than any 

23 prohibition on running for public office). 


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1 ‘‘(d) EXCEPTION IN CASE OF RECUSAL FROM AD2 MINISTRATION OF ELECTIONS INVOLVING OFFICIAL OR

3 IMMEDIATE FAMILY MEMBER.— 

4 ‘‘(1) IN GENERAL.—This section does not apply 

5 to a chief State election administration official with 

6 respect to an election for Federal office in which the 

7 official or an immediate family member of the offi8 cial is a candidate, but only if— 

9 ‘‘(A) such official recuses himself or herself 

10 from all of the official’s responsibilities for the 

11 administration of such election; and 

12 ‘‘(B) the official who assumes responsi13 bility for supervising the administration of the 

14 election does not report directly to such official. 

15 ‘‘(2) IMMEDIATE FAMILY MEMBER DEFINED.— 

16 In paragraph (1), the term ‘immediate family mem17 ber’ means, with respect to a candidate, a father, 

18 mother, son, daughter, brother, sister, husband, 

19 wife, father-in-law, or mother-in-law.’’. 

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

21 subsection (a) shall apply with respect to elections for 

22 Federal office held after December 2021. 


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1 Subtitle N—Promoting Voter Ac2 cess Through Election Adminis3 tration Improvements 

4 PART 1—PROMOTING VOTER ACCESS 

5 SEC. 1901. TREATMENT OF INSTITUTIONS OF HIGHER EDU6 CATION. 

7 (a) TREATMENT OF CERTAIN INSTITUTIONS AS

8 VOTER REGISTRATION AGENCIES UNDER NATIONAL

9 VOTER REGISTRATION ACT OF 1993.—Section 7(a) of the 

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

11 20506(a)) is amended— 

12 (1) in paragraph (2)— 

13 (A) by striking ‘‘and’’ at the end of sub14 paragraph (A); 

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

16 subparagraph (B) and inserting ‘‘; and’’; and 

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

18 subparagraph: 

19 ‘‘(C) each institution of higher education 

20 which has a program participation agreement in 

21 effect with the Secretary of Education under 

22 section 487 of the Higher Education Act of 

23 1965 (20 U.S.C. 1094), other than an institu24 tion which is treated as a contributing agency 


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1 under the Automatic Voter Registration Act of 

2 2021.’’; and 

3 (2) in paragraph (6)(A), by inserting ‘‘or, in 

4 the case of an institution of higher education, with 

5 each registration of a student for enrollment in a 

6 course of study, including enrollment in a program 

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

8 of the Higher Education Act of 1965 (20 U.S.C. 

9 1003(7)),’’ after ‘‘assistance,’’. 

10 (b) RESPONSIBILITIES OF INSTITUTIONS UNDER

11 HIGHER EDUCATION ACT OF 1965.— 

12 (1) IN GENERAL.—Section 487(a)(23) of the 

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

14 1094(a)(23)) is amended to read as follows: 

15 ‘‘(23)(A)(i) The institution will ensure that an 

16 appropriate staff person or office is designated pub17 licly as a ‘Campus Vote Coordinator’ and will ensure 

18 that such person’s or office’s contact information is 

19 included on the institution’s website. 

20 ‘‘(ii) Not fewer than twice during each calendar 

21 year (beginning with 2020), the Campus Vote Coor22 dinator shall transmit electronically to each student 

23 enrolled in the institution (including students en24 rolled in distance education programs) a message 

25 containing the following information: 


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1 ‘‘(I) Information on the location of polling 

2 places in the jurisdiction in which the institu3 tion is located, together with information on 

4 available methods of transportation to and from 

5 such polling places. 

6 ‘‘(II) A referral to a government-affiliated 

7 website or online platform which provides cen8 tralized voter registration information for all 

9 States, including access to applicable voter reg10 istration forms and information to assist indi11 viduals who are not registered to vote in reg12 istering to vote. 

13 ‘‘(III) Any additional voter registration 

14 and voting information the Coordinator con15 siders appropriate, in consultation with the ap16 propriate State election official. 

17 ‘‘(iii) In addition to transmitting the message 

18 described in clause (ii) not fewer than twice during 

19 each calendar year, the Campus Vote Coordinator 

20 shall transmit the message under such clause not 

21 fewer than 30 days prior to the deadline for reg22 istering to vote for any election for Federal, State, 

23 or local office in the State. 

24 ‘‘(B) If the institution in its normal course of 

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1 rollment in a course of study, including students 

2 registering for enrollment in a program of distance 

3 education, to affirm whether or not the student is a 

4 United States citizen, the institution will comply 

5 with the applicable requirements for a contributing 

6 agency under the Automatic Voter Registration Act 

7 of 2021. 

8 ‘‘(C) If the institution is not described in sub9 paragraph (B), the institution will comply with the 

10 requirements for a voter registration agency in the 

11 State in which it is located in accordance with sec12 tion 7 of the National Voter Registration Act of 

13 1993 (52 U.S.C. 20506). 

14 ‘‘(D) This paragraph applies only with respect 

15 to an institution which is located in a State to which 

16 section 4(b) of the National Voter Registration Act 

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

18 (2) EFFECTIVE DATE.—The amendments made 

19 by this subsection shall apply with respect to elec20 tions held on or after January 1, 2022. 

21 (c) GRANTS TO INSTITUTIONS DEMONSTRATING EX22 CELLENCE IN STUDENT VOTER REGISTRATION.— 

23 (1) GRANTS AUTHORIZED.—The Secretary of 

24 Education may award competitive grants to public 

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1 cation that are subject to the requirements of sec2 tion 487(a)(23) of the Higher Education Act of 

3 1965 (20 U.S.C. 1094(a)(23)), as amended by sub4 section (a), and that the Secretary determines have 

5 demonstrated excellence in registering students to 

6 vote in elections for public office beyond meeting the 

7 minimum requirements of such section. 

8 (2) ELIGIBILITY.—An institution of higher edu9 cation is eligible to receive a grant under this sub10 section if the institution submits to the Secretary of 

11 Education, at such time and in such form as the 

12 Secretary may require, an application containing 

13 such information and assurances as the Secretary 

14 may require to make the determination described in 

15 paragraph (1), including information and assurances 

16 that the institution carried out activities to promote 

17 voter registration by students, such as the following: 

18 (A) Sponsoring large on-campus voter mo19 bilization efforts. 

20 (B) Engaging the surrounding community 

21 in nonpartisan voter registration and get out 

22 the vote efforts. 

23 (C) Creating a website for students with 

24 centralized information about voter registration 

25 and election dates. 


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1 (D) Inviting candidates to speak on cam2 pus. 

3 (E) Offering rides to students to the polls 

4 to increase voter education, registration, and 

5 mobilization. 

6 (3) AUTHORIZATION OF APPROPRIATIONS.— 

7 There are authorized to be appropriated for fiscal 

8 year 2022 and each succeeding fiscal year such sums 

9 as may be necessary to award grants under this sub10 section. 

11 (d) SENSE OF CONGRESS RELATING TO OPTION OF

12 STUDENTS TO REGISTER IN JURISDICTION OF INSTITU13 TION OF HIGHER EDUCATION OR JURISDICTION OF DOMI14 CILE.—It is the sense of Congress that, as provided under 

15 existing law, students who attend an institution of higher 

16 education and reside in the jurisdiction of the institution 

17 while attending the institution should have the option of 

18 registering to vote in elections for Federal office in that 

19 jurisdiction or in the jurisdiction of their own domicile. 

20 SEC. 1902. MINIMUM NOTIFICATION REQUIREMENTS FOR 

21 VOTERS AFFECTED BY POLLING PLACE 

22 CHANGES. 

23 (a) REQUIREMENTS.—Section 302 of the Help Amer24 ica Vote Act of 2002 (52 U.S.C. 21082), as amended by 

25 section 1601(a), is amended— 


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1 (1) by redesignating subsection (f) as sub2 section (g); and 

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

5 ‘‘(f) MINIMUM NOTIFICATION REQUIREMENTS FOR

6 VOTERS AFFECTED BY POLLING PLACE CHANGES.— 

7 ‘‘(1) IN GENERAL.—If a State assigns an indi8 vidual who is a registered voter in a State to a poll9 ing place with respect to an election for Federal of10 fice which is not the same polling place to which the 

11 individual was previously assigned with respect to 

12 the most recent election for Federal office in the 

13 State in which the individual was eligible to vote— 

14 ‘‘(A) the State shall notify the individual of 

15 the location of the polling place not later than 

16 7 days before the date of the election or the 

17 first day of an early voting period (whichever 

18 occurs first); or 

19 ‘‘(B) if the State makes such an assign20 ment fewer than 7 days before the date of the 

21 election and the individual appears on the date 

22 of the election at the polling place to which the 

23 individual was previously assigned, the State 

24 shall make every reasonable effort to enable the 

25 individual to vote on the date of the election. 


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1 ‘‘(2) 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. 

5 ‘‘(3) PLACEMENT OF SIGNS AT CLOSED POLL6 ING PLACES.—If a location which served as a polling 

7 place in an election for Federal office does not serve 

8 as a polling place in the next election for Federal of9 fice held in the jurisdiction involved, the State shall 

10 ensure that signs are posted at such location on the 

11 date of the election and during any early voting pe12 riod for the election containing the following infor13 mation: 

14 ‘‘(A) A statement that the location is not 

15 serving as a polling place in the election. 

16 ‘‘(B) The locations serving as polling 

17 places in the election in the jurisdiction in18 volved. 

19 ‘‘(C) Contact information, including a tele20 phone number and website, for the appropriate 

21 State or local election official through which an 

22 individual may find the polling place to which 

23 the individual is assigned for the election. 


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1 ‘‘(4) EFFECTIVE DATE.—This subsection shall 

2 apply with respect to elections held on or after Janu3 ary 1, 2020.’’. 

4 (b) CONFORMING AMENDMENT.—Section 302(g) of 

5 such Act (52 U.S.C. 21082(g)), as redesignated by sub6 section (a) and as amended by section 1601(b), is amend7 ed by striking ‘‘(d)(2) and (e)(2)’’ and inserting ‘‘(d)(2), 

8 (e)(2), and (f)(4)’’. 

9 SEC. 1903. PERMITTING USE OF SWORN WRITTEN STATE10 MENT TO MEET IDENTIFICATION REQUIRE11 MENTS FOR VOTING. 

12 (a) PERMITTING USE OF STATEMENT.—Title III of 

13 the Help America Vote Act of 2002 (52 U.S.C. 21081 et 

14 seq.) is amended by inserting after section 303 the fol15 lowing new section: 

16 ‘‘SEC. 303A. PERMITTING USE OF SWORN WRITTEN STATE17 MENT TO MEET IDENTIFICATION REQUIRE18 MENTS. 

19 ‘‘(a) USE OF STATEMENT.— 

20 ‘‘(1) IN GENERAL.—Except as provided in sub21 section (c), if a State has in effect a requirement 

22 that an individual present identification as a condi23 tion of receiving and casting a ballot in an election 

24 for Federal office, the State shall permit the indi25 vidual to meet the requirement— 


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1 ‘‘(A) in the case of an individual who de2 sires to vote in person, by presenting the appro3 priate State or local election official with a 

4 sworn written statement, signed by the indi5 vidual under penalty of perjury, attesting to the 

6 individual’s identity and attesting that the indi7 vidual is eligible to vote in the election; or 

8 ‘‘(B) in the case of an individual who de9 sires to vote by mail, by submitting with the 

10 ballot the statement described in subparagraph 

11 (A). 

12 ‘‘(2) DEVELOPMENT OF PRE-PRINTED VERSION

13 OF STATEMENT BY COMMISSION.—The Commission 

14 shall develop a pre-printed version of the statement 

15 described in paragraph (1)(A) which includes a 

16 blank space for an individual to provide a name and 

17 signature for use by election officials in States which 

18 are subject to paragraph (1). 

19 ‘‘(3) PROVIDING PRE-PRINTED COPY OF STATE20 MENT.—A State which is subject to paragraph (1) 

21 shall— 

22 ‘‘(A) make copies of the pre-printed 

23 version of the statement described in paragraph 

24 (1)(A) which is prepared by the Commission 

25 available at polling places for election officials 


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1 to distribute to individuals who desire to vote in 

2 person; and 

3 ‘‘(B) include a copy of such pre-printed 

4 version of the statement with each blank absen5 tee or other ballot transmitted to an individual 

6 who desires to vote by mail. 

7 ‘‘(b) REQUIRING USE OF BALLOT IN SAME MANNER

8 AS INDIVIDUALS PRESENTING IDENTIFICATION.—An in9 dividual who presents or submits a sworn written state10 ment in accordance with subsection (a)(1) shall be per11 mitted to cast a ballot in the election in the same manner 

12 as an individual who presents identification. 

13 ‘‘(c) EXCEPTION FOR FIRST-TIME VOTERS REG14 ISTERING BY MAIL.—Subsections (a) and (b) do not apply 

15 with respect to any individual described in paragraph (1) 

16 of section 303(b) who is required to meet the requirements 

17 of paragraph (2) of such section.’’. 

18 (b) REQUIRING STATES TO INCLUDE INFORMATION

19 ON USE OF SWORN WRITTEN STATEMENT IN VOTING IN20 FORMATION MATERIAL POSTED AT POLLING PLACES.— 

21 Section 302(b)(2) of such Act (52 U.S.C. 21082(b)(2)), 

22 as amended by section 1072(b) and section 1202(b), is 

23 amended— 

24 (1) by striking ‘‘and’’ at the end of subpara25 graph (G); 


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1 (2) by striking the period at the end of sub2 paragraph (H) and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following new sub4 paragraph: 

5 ‘‘(I) in the case of a State that has in ef6 fect a requirement that an individual present 

7 identification as a condition of receiving and 

8 casting a ballot in an election for Federal office, 

9 information on how an individual may meet 

10 such requirement by presenting a sworn written 

11 statement in accordance with section 303A.’’. 

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

13 of such Act is amended by inserting after the item relating 

14 to section 303 the following new item: 

‘‘Sec. 303A. Permitting use of sworn written statement to meet identification 

requirements.’’. 

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

16 this section shall apply with respect to elections occurring 

17 on or after the date of the enactment of this Act. 

18 SEC. 1904. ACCOMMODATIONS FOR VOTERS RESIDING IN 

19 INDIAN LANDS. 

20 (a) ACCOMMODATIONS DESCRIBED.— 

21 (1) DESIGNATION OF BALLOT PICKUP AND COL22 LECTION LOCATIONS.—Given the widespread lack of 

23 residential mail delivery in Indian Country, an In24 dian Tribe may designate buildings as ballot pickup 


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1 and collection locations with respect to an election 

2 for Federal office at no cost to the Indian Tribe. An 

3 Indian Tribe may designate one building per pre4 cinct located within Indian lands. The applicable 

5 State or political subdivision shall collect ballots 

6 from those locations. The applicable State or polit7 ical subdivision shall provide the Indian Tribe with 

8 accurate precinct maps for all precincts located with9 in Indian lands 60 days before the election. 

10 (2) PROVISION OF MAIL-IN AND ABSENTEE

11 BALLOTS.—The State or political subdivision shall 

12 provide mail-in and absentee ballots with respect to 

13 an election for Federal office to each individual who 

14 is registered to vote in the election who resides on 

15 Indian lands in the State or political subdivision in16 volved without requiring a residential address or a 

17 mail-in or absentee ballot request. 

18 (3) USE OF DESIGNATED BUILDING AS RESI19 DENTIAL AND MAILING ADDRESS.—The address of a 

20 designated building that is a ballot pickup and col21 lection location with respect to an election for Fed22 eral office may serve as the residential address and 

23 mailing address for voters living on Indian lands if 

24 the tribally designated building is in the same pre25 cinct as that voter. If there is no tribally designated 


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1 building within a voter’s precinct, the voter may use 

2 another tribally designated building within the In3 dian lands where the voter is located. Voters using 

4 a tribally designated building outside of the voter’s 

5 precinct may use the tribally designated building as 

6 a mailing address and may separately designate the 

7 voter’s appropriate precinct through a description of 

8 the voter’s address, as specified in section 

9 9428.4(a)(2) of title 11, Code of Federal Regula10 tions. 

11 (4) LANGUAGE ACCESSIBILITY.—In the case of 

12 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 that State or political subdivision shall provide ab16 sentee or mail-in voting materials with respect to an 

17 election for Federal office in the language of the ap18 plicable minority group as well as in the English lan19 guage, bilingual election voting assistance, and writ20 ten translations of all voting materials in the lan21 guage of the applicable minority group, as required 

22 by section 203 of the Voting Rights Act of 1965 (52 

23 U.S.C. 10503), as amended by subsection (b). 

24 (5) CLARIFICATION.—Nothing in this section 

25 alters the ability of an individual voter residing on 


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1 Indian lands to request a ballot in a manner avail2 able to all other voters in the State. 

3 (6) DEFINITIONS.—In this section: 

4 (A) ELECTION FOR FEDERAL OFFICE.— 

5 The term ‘‘election for Federal office’’ means a 

6 general, special, primary or runoff election for 

7 the office of President or Vice President, or of 

8 Senator or Representative in, or Delegate or 

9 Resident Commissioner to, the Congress. 

10 (B) INDIAN.—The term ‘‘Indian’’ has the 

11 meaning given the term in section 4 of the In12 dian Self-Determination and Education Assist13 ance Act (25 U.S.C. 5304). 

14 (C) INDIAN LANDS.—The term ‘‘Indian 

15 lands’’ includes— 

16 (i) any Indian country of an Indian 

17 Tribe, as defined under section 1151 of 

18 title 18, United States Code; 

19 (ii) any land in Alaska owned, pursu20 ant to the Alaska Native Claims Settle21 ment Act (43 U.S.C. 1601 et seq.), by an 

22 Indian Tribe that is a Native village (as 

23 defined in section 3 of that Act (43 U.S.C. 

24 1602)) or by a Village Corporation that is 

25 associated with an Indian Tribe (as deVerDate Sep 11 2014 18:47 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00232 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

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1 fined in section 3 of that Act (43 U.S.C. 

2 1602)); 

3 (iii) any land on which the seat of the 

4 Tribal Government is located; and 

5 (iv) any land that is part or all of a 

6 Tribal designated statistical area associ7 ated with an Indian Tribe, or is part or all 

8 of an Alaska Native village statistical area 

9 associated with an Indian Tribe, as defined 

10 by the Census Bureau for the purposes of 

11 the most recent decennial census. 

12 (D) INDIAN TRIBE.—The term ‘‘Indian 

13 Tribe’’ has the meaning given the term ‘‘Indian 

14 tribe’’ in section 4 of the Indian Self-Deter15 mination and Education Assistance Act (25 

16 U.S.C. 5304). 

17 (E) TRIBAL GOVERNMENT.—The term 

18 ‘‘Tribal Government’’ means the recognized 

19 governing body of an Indian Tribe. 

20 (7) ENFORCEMENT.— 

21 (A) ATTORNEY GENERAL.—The Attorney 

22 General may bring a civil action in an appro23 priate district court for such declaratory or in24 junctive relief as is necessary to carry out this 

25 subsection. 


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1 (B) PRIVATE RIGHT OF ACTION.— 

2 (i) A person or Tribal Government 

3 who is aggrieved by a violation of this sub4 section may provide written notice of the 

5 violation to the chief election official of the 

6 State involved. 

7 (ii) An aggrieved person or Tribal 

8 Government may bring a civil action in an 

9 appropriate district court for declaratory 

10 or injunctive relief with respect to a viola11 tion of this subsection, if— 

12 (I) that person or Tribal Govern13 ment provides the notice described in 

14 clause (i); and 

15 (II)(aa) in the case of a violation 

16 that occurs more than 120 days be17 fore the date of an election for Fed18 eral office, the violation remains and 

19 90 days or more have passed since the 

20 date on which the chief election offi21 cial of the State receives the notice 

22 under clause (i); or 

23 (bb) in the case of a violation 

24 that occurs 120 days or less before 

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1 fice, the violation remains and 20 

2 days or more have passed since the 

3 date on which the chief election offi4 cial of the State receives the notice 

5 under clause (i). 

6 (iii) In the case of a violation of this 

7 section that occurs 30 days or less before 

8 the date of an election for Federal office, 

9 an aggrieved person or Tribal Government 

10 may bring a civil action in an appropriate 

11 district court for declaratory or injunctive 

12 relief with respect to the violation without 

13 providing notice to the chief election offi14 cial of the State under clause (i). 

15 (b) BILINGUAL ELECTION REQUIREMENTS.—Section 

16 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503) 

17 is amended— 

18 (1) in subsection (b)(3)(C)), by striking ‘‘1990’’ 

19 and inserting ‘‘2010’’; and 

20 (2) by striking subsection (c) and inserting the 

21 following: 

22 ‘‘(c) PROVISION OF VOTING MATERIALS IN THE LAN23 GUAGE OF A MINORITY GROUP.— 

24 ‘‘(1) IN GENERAL.—Whenever any State or po25 litical subdivision subject to the prohibition of subVerDate Sep 11 2014 18:47 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00235 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

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1 section (b) of this section provides any registration 

2 or voting notices, forms, instructions, assistance, or 

3 other materials or information relating to the elec4 toral process, including ballots, it shall provide them 

5 in the language of the applicable minority group as 

6 well as in the English language. 

7 ‘‘(2) EXCEPTIONS.— 

8 ‘‘(A) In the case of a minority group that 

9 is not American Indian or Alaska Native and 

10 the language of that minority group is oral or 

11 unwritten, the State or political subdivision 

12 shall only be required to furnish, in the covered 

13 language, oral instructions, assistance, trans14 lation of voting materials, or other information 

15 relating to registration and voting. 

16 ‘‘(B) In the case of a minority group that 

17 is American Indian or Alaska Native, the State 

18 or political subdivision shall only be required to 

19 furnish in the covered language oral instruc20 tions, assistance, or other information relating 

21 to registration and voting, including all voting 

22 materials, if the Tribal Government of that mi23 nority group has certified that the language of 

24 the applicable American Indian or Alaska Na25 tive language is presently unwritten or the 


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1 Tribal Government does not want written trans2 lations in the minority language. 

3 ‘‘(3) WRITTEN TRANSLATIONS FOR ELECTION

4 WORKERS.—Notwithstanding paragraph (2), the 

5 State or political division may be required to provide 

6 written translations of voting materials, with the 

7 consent of any applicable Indian Tribe, to election 

8 workers to ensure that the translations from English 

9 to the language of a minority group are complete, 

10 accurate, and uniform.’’. 

11 (c) EFFECTIVE DATE.—This section and the amend12 ments made by this section shall apply with respect to the 

13 regularly scheduled general election for Federal office held 

14 in November 2022 and each succeeding election for Fed15 eral office. 

16 SEC. 1905. VOTER INFORMATION RESPONSE SYSTEMS AND 

17 HOTLINE. 

18 (a) ESTABLISHMENT AND OPERATION OF SYSTEMS

19 AND SERVICES.— 

20 (1) STATE-BASED RESPONSE SYSTEMS.—The 

21 Attorney General shall coordinate the establishment 

22 of a State-based response system for responding to 

23 questions and complaints from individuals voting or 

24 seeking to vote, or registering to vote or seeking to 


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1 register to vote, in elections for Federal office. Such 

2 system shall provide— 

3 (A) State-specific, same-day, and imme4 diate assistance to such individuals, including 

5 information on how to register to vote, the loca6 tion and hours of operation of polling places, 

7 and how to obtain absentee ballots; and 

8 (B) State-specific, same-day, and imme9 diate assistance to individuals encountering 

10 problems with registering to vote or voting, in11 cluding individuals encountering intimidation or 

12 deceptive practices. 

13 (2) HOTLINE.—The Attorney General, in con14 sultation with State election officials, shall establish 

15 and operate a toll-free telephone service, using a 

16 telephone number that is accessible throughout the 

17 United States and that uses easily identifiable nu18 merals, through which individuals throughout the 

19 United States— 

20 (A) may connect directly to the State21 based response system described in paragraph 

22 (1) with respect to the State involved; 

23 (B) may obtain information on voting in 

24 elections for Federal office, including informa25 tion on how to register to vote in such elections, 


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1 the locations and hours of operation of polling 

2 places, and how to obtain absentee ballots; and 

3 (C) may report information to the Attor4 ney General on problems encountered in reg5 istering to vote or voting, including incidences 

6 of voter intimidation or suppression. 

7 (3) COLLABORATION WITH STATE AND LOCAL

8 ELECTION OFFICIALS.— 

9 (A) COLLECTION OF INFORMATION FROM

10 STATES.—The Attorney General shall coordi11 nate the collection of information on State and 

12 local election laws and policies, including infor13 mation on the statewide computerized voter reg14 istration lists maintained under title III of the 

15 Help America Vote Act of 2002, so that indi16 viduals who contact the free telephone service 

17 established under paragraph (2) on the date of 

18 an election for Federal office may receive an 

19 immediate response on that day. 

20 (B) FORWARDING QUESTIONS AND COM21 PLAINTS TO STATES.—If an individual contacts 

22 the free telephone service established under 

23 paragraph (2) on the date of an election for 

24 Federal office with a question or complaint with 

25 respect to a particular State or jurisdiction 


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1 within a State, the Attorney General shall for2 ward the question or complaint immediately to 

3 the appropriate election official of the State or 

4 jurisdiction so that the official may answer the 

5 question or remedy the complaint on that date. 

6 (4) CONSULTATION REQUIREMENTS FOR DE7 VELOPMENT OF SYSTEMS AND SERVICES.—The At8 torney General shall ensure that the State-based re9 sponse system under paragraph (1) and the free 

10 telephone service under paragraph (2) are each de11 veloped in consultation with civil rights organiza12 tions, voting rights groups, State and local election 

13 officials, voter protection groups, and other inter14 ested community organizations, especially those that 

15 have experience in the operation of similar systems 

16 and services. 

17 (b) USE OF SERVICE BY INDIVIDUALS WITH DIS18 ABILITIES AND INDIVIDUALS WITH LIMITED ENGLISH

19 LANGUAGE PROFICIENCY.—The Attorney General shall 

20 design and operate the telephone service established under 

21 this section in a manner that ensures that individuals with 

22 disabilities are fully able to use the service, and that as23 sistance is provided in any language in which the State 

24 (or any jurisdiction in the State) is required to provide 


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1 election materials under section 203 of the Voting Rights 

2 Act of 1965. 

3 (c) VOTER HOTLINE TASK FORCE.— 

4 (1) APPOINTMENT BY ATTORNEY GENERAL.— 

5 The Attorney General shall appoint individuals (in 

6 such number as the Attorney General considers ap7 propriate but in no event fewer than 3) to serve on 

8 a Voter Hotline Task Force to provide ongoing anal9 ysis and assessment of the operation of the tele10 phone service established under this section, and 

11 shall give special consideration in making appoint12 ments to the Task Force to individuals who rep13 resent civil rights organizations. At least one mem14 ber of the Task Force shall be a representative of 

15 an organization promoting voting rights or civil 

16 rights which has experience in the operation of simi17 lar telephone services or in protecting the rights of 

18 individuals to vote, especially individuals who are 

19 members of racial, ethnic, or linguistic minorities or 

20 of communities who have been adversely affected by 

21 efforts to suppress voting rights. 

22 (2) ELIGIBILITY.—An individual shall be eligi23 ble to serve on the Task Force under this subsection 

24 if the individual meets such criteria as the Attorney 

25 General may establish, except that an individual may 


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1 not serve on the task force if the individual has been 

2 convicted of any criminal offense relating to voter in3 timidation or voter suppression. 

4 (3) TERM OF SERVICE.—An individual ap5 pointed to the Task Force shall serve a single term 

6 of 2 years, except that the initial terms of the mem7 bers first appointed to the Task Force shall be stag8 gered so that there are at least 3 individuals serving 

9 on the Task Force during each year. A vacancy in 

10 the membership of the Task Force shall be filled in 

11 the same manner as the original appointment. 

12 (4) NO COMPENSATION FOR SERVICE.—Mem13 bers of the Task Force shall serve without pay, but 

14 shall receive travel expenses, including per diem in 

15 lieu of subsistence, in accordance with applicable 

16 provisions under subchapter I of chapter 57 of title 

17 5, United States Code. 

18 (d) BI-ANNUAL REPORT TO CONGRESS.—Not later 

19 than March 1 of each odd-numbered year, the Attorney 

20 General shall submit a report to Congress on the operation 

21 of the telephone service established under this section dur22 ing the previous 2 years, and shall include in the report— 

23 (1) an enumeration of the number and type of 

24 calls that were received by the service; 


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1 (2) a compilation and description of the reports 

2 made to the service by individuals citing instances of 

3 voter intimidation or suppression, together with a 

4 description of any actions taken in response to such 

5 instances of voter intimidation or suppression; 

6 (3) an assessment of the effectiveness of the 

7 service in making information available to all house8 holds in the United States with telephone service; 

9 (4) any recommendations developed by the 

10 Task Force established under subsection (c) with re11 spect to how voting systems may be maintained or 

12 upgraded to better accommodate voters and better 

13 ensure the integrity of elections, including but not 

14 limited to identifying how to eliminate coordinated 

15 voter suppression efforts and how to establish effec16 tive mechanisms for distributing updates on changes 

17 to voting requirements; and 

18 (5) any recommendations on best practices for 

19 the State-based response systems established under 

20 subsection (a)(1). 

21 (e) AUTHORIZATION OF APPROPRIATIONS.— 

22 (1) AUTHORIZATION.—There are authorized to 

23 be appropriated to the Attorney General for fiscal 

24 year 2021 and each succeeding fiscal year such sums 

25 as may be necessary to carry out this section. 


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1 (2) SET-ASIDE FOR OUTREACH.—Of the 

2 amounts appropriated to carry out this section for a 

3 fiscal year pursuant to the authorization under para4 graph (1), not less than 15 percent shall be used for 

5 outreach activities to make the public aware of the 

6 availability of the telephone service established under 

7 this section, with an emphasis on outreach to indi8 viduals with disabilities and individuals with limited 

9 proficiency in the English language. 

10 SEC. 1906. ENSURING EQUITABLE AND EFFICIENT OPER11 ATION OF POLLING PLACES. 

12 (a) IN GENERAL.—Subtitle A of title III of the Help 

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

14 amended by section 1031(a), section 1101(a), section 

15 1611(a), section 1621(a), section 1622(a), and section 

16 1623(a), is amended— 

17 (1) by redesignating sections 310 and 311 as 

18 sections 311 and 312; and 

19 (2) by inserting after section 309 the following 

20 new section: 

21 ‘‘SEC. 310. ENSURING EQUITABLE AND EFFICIENT OPER22 ATION OF POLLING PLACES. 

23 ‘‘(a) PREVENTING UNREASONABLE WAITING TIMES

24 FOR VOTERS.— 


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1 ‘‘(1) IN GENERAL.—Each State shall provide a 

2 sufficient number of voting systems, poll workers, 

3 and other election resources (including physical re4 sources) at a polling place used in any election for 

5 Federal office, including a polling place at which in6 dividuals may cast ballots prior to the date of the 

7 election, to ensure— 

8 ‘‘(A) a fair and equitable waiting time for 

9 all voters in the State; and 

10 ‘‘(B) that no individual will be required to 

11 wait longer than 30 minutes to cast a ballot at 

12 the polling place. 

13 ‘‘(2) CRITERIA.—In determining the number of 

14 voting systems, poll workers, and other election re15 sources provided at a polling place for purposes of 

16 paragraph (1), the State shall take into account the 

17 following factors: 

18 ‘‘(A) The voting age population. 

19 ‘‘(B) Voter turnout in past elections. 

20 ‘‘(C) The number of voters registered. 

21 ‘‘(D) The number of voters who have reg22 istered since the most recent Federal election. 

23 ‘‘(E) Census data for the population served 

24 by the polling place, such as the proportion of 


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1 the voting-age population who are under 25 

2 years of age or who are naturalized citizens. 

3 ‘‘(F) The needs and numbers of voters 

4 with disabilities and voters with limited English 

5 proficiency. 

6 ‘‘(G) The type of voting systems used. 

7 ‘‘(H) The length and complexity of initia8 tives, referenda, and other questions on the bal9 lot. 

10 ‘‘(I) Such other factors, including relevant 

11 demographic factors relating to the population 

12 served by the polling place, as the State con13 siders appropriate. 

14 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

15 this subsection may be construed to authorize a 

16 State to meet the requirements of this subsection by 

17 closing any polling place, prohibiting an individual 

18 from entering a line at a polling place, or refusing 

19 to permit an individual who has arrived at a polling 

20 place prior to closing time from voting at the polling 

21 place. 

22 ‘‘(4) GUIDELINES.—Not later than 180 days 

23 after the date of the enactment of this section, the 

24 Commission shall establish and publish guidelines to 


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1 assist States in meeting the requirements of this 

2 subsection. 

3 ‘‘(5) EFFECTIVE DATE.—This subsection shall 

4 take effect upon the expiration of the 180-day period 

5 which begins on the date of the enactment of this 

6 subsection, without regard to whether or not the 

7 Commission has established and published guidelines 

8 under paragraph (4). 

9 ‘‘(b) LIMITING VARIATIONS ON NUMBER OF HOURS

10 OF OPERATION OF POLLING PLACES WITHIN A STATE.— 

11 ‘‘(1) LIMITATION.— 

12 ‘‘(A) IN GENERAL.—Except as provided in 

13 subparagraph (B) and paragraph (2), each 

14 State shall establish hours of operation for all 

15 polling places in the State on the date of any 

16 election for Federal office held in the State 

17 such that the polling place with the greatest 

18 number of hours of operation on such date is 

19 not in operation for more than 2 hours longer 

20 than the polling place with the fewest number 

21 of hours of operation on such date. 

22 ‘‘(B) PERMITTING VARIANCE ON BASIS OF

23 POPULATION.—Subparagraph (A) does not 

24 apply to the extent that the State establishes 

25 variations in the hours of operation of polling 


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1 places on the basis of the overall population or 

2 the voting age population (as the State may se3 lect) of the unit of local government in which 

4 such polling places are located. 

5 ‘‘(2) EXCEPTIONS FOR POLLING PLACES WITH

6 HOURS ESTABLISHED BY UNITS OF LOCAL GOVERN7 MENT.—Paragraph (1) does not apply in the case of 

8 a polling place— 

9 ‘‘(A) whose hours of operation are estab10 lished, in accordance with State law, by the unit 

11 of local government in which the polling place 

12 is located; or 

13 ‘‘(B) which is required pursuant to an 

14 order by a court to extend its hours of oper15 ation beyond the hours otherwise established.’’. 

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

17 of such Act, as amended by section 1031(c), section 

18 1101(d), section 1611(c), section 1621(c), section 

19 1622(c), and section 1623(a), is amended— 

20 (1) by redesignating the items relating to sec21 tions 310 and 311 as relating to sections 311 and 

22 312; and 

23 (2) by inserting after the item relating to sec24 tion 309 the following new item: 

‘‘Sec. 310. Ensuring equitable and efficient operation of polling places.’’. 


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1 SEC. 1907. REQUIRING STATES TO PROVIDE SECURED 

2 DROP BOXES FOR VOTED ABSENTEE BAL3 LOTS IN ELECTIONS FOR FEDERAL OFFICE. 

4 (a) REQUIREMENT.—Subtitle A of title III of the 

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

6 as amended by section 1031(a), section 1101(a), section 

7 1611(a), section 1621(a), section 1622(a), section 

8 1623(a), and section 1906(a), is amended— 

9 (1) by redesignating sections 311 and 312 as 

10 sections 312 and 313; and 

11 (2) by inserting after section 310 the following 

12 new section: 

13 ‘‘SEC. 311. USE OF SECURED DROP BOXES FOR VOTED AB14 SENTEE BALLOTS. 

15 ‘‘(a) REQUIRING USE OF DROP BOXES.—In each 

16 county in the State, each State shall provide in-person, 

17 secured, and clearly labeled drop boxes at which individ18 uals may, at any time during the period described in sub19 section (b), drop off voted absentee ballots in an election 

20 for Federal office. 

21 ‘‘(b) MINIMUM PERIOD FOR AVAILABILITY OF DROP

22 BOXES.—The period described in this subsection is, with 

23 respect to an election, the period which begins 45 days 

24 before the date of the election and which ends at the time 

25 the polls close for the election in the county involved. 

26 ‘‘(c) ACCESSIBILITY.— 


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1 ‘‘(1) IN GENERAL.—Each State shall ensure 

2 that the drop boxes provided under this section are 

3 accessible for use— 

4 ‘‘(A) by individuals with disabilities, as de5 termined in consultation with the protection 

6 and advocacy systems (as defined in section 102 

7 of the Developmental Disabilities Assistance 

8 and Bill of Rights Act of 2000 (42 U.S.C. 

9 15002)) of the State; and 

10 ‘‘(B) by individuals with limited proficiency 

11 in the English language. 

12 ‘‘(2) DETERMINATION OF ACCESSIBILITY FOR

13 INDIVIDUALS WITH DISABILITIES.—For purposes of 

14 this subsection, drop boxes shall be considered to be 

15 accessible for use by individuals with disabilities if 

16 the drop boxes meet such criteria as the Attorney 

17 General may establish for such purposes. 

18 ‘‘(3) RULE OF CONSTRUCTION.—If a State pro19 vides a drop box under this section on the grounds 

20 of or inside a building or facility which serves as a 

21 polling place for an election during the period de22 scribed in subsection (b), nothing in this subsection 

23 may be construed to waive any requirements regard24 ing the accessibility of such polling place for the use 


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1 of individuals with disabilities or individuals with 

2 limited proficiency in the English language. 

3 ‘‘(d) NUMBER OF DROP BOXES.— 

4 ‘‘(1) FORMULA FOR DETERMINATION OF NUM5 BER.—The number of drop boxes provided under 

6 this section in a county with respect to an election 

7 shall be determined as follows: 

8 ‘‘(A) In the case of a county in which the 

9 number of individuals who are residents of the 

10 county and who are registered to vote in the 

11 election is equal to or greater than 20,000, the 

12 number of drop boxes shall be a number equal 

13 to or greater than the number of such individ14 uals divided by 20,000 (rounded to the nearest 

15 whole number). 

16 ‘‘(B) In the case of any other county, the 

17 number of drop boxes shall be equal to or 

18 greater than one. 

19 ‘‘(2) TIMING.—For purposes of this subsection, 

20 the number of individuals who reside in a county 

21 and who are registered to vote in the election shall 

22 be determined as of the 90th day before the date of 

23 the election. 

24 ‘‘(e) LOCATION OF DROP BOXES.—The State shall 

25 determine the location of drop boxes provided under this 


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1 section in a county on the basis of criteria which ensure 

2 that the drop boxes are— 

3 ‘‘(1) available to all voters on a non-discrimina4 tory basis; 

5 ‘‘(2) accessible to voters with disabilities (in ac6 cordance with subsection (c)); 

7 ‘‘(3) accessible by public transportation to the 

8 greatest extent possible; 

9 ‘‘(4) available during all hours of the day; and 

10 ‘‘(5) sufficiently available in all communities in 

11 the county, including rural communities and on 

12 Tribal lands within the county (subject to subsection 

13 (f)). 

14 ‘‘(f) RULES FOR DROP BOXES ON TRIBAL LANDS.— 

15 In making a determination of the number and location of 

16 drop boxes provided under this section on Tribal lands in 

17 a county, the appropriate State and local election officials 

18 shall— 

19 ‘‘(1) consult with Tribal leaders prior to making 

20 the determination; and 

21 ‘‘(2) take into account criteria such as the 

22 availability of direct-to-door residential mail delivery, 

23 the distance and time necessary to travel to the drop 

24 box locations (including in inclement weather), 

25 modes of transportation available, conditions of 


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1 roads, and the availability (if any) of public trans2 portation. 

3 ‘‘(g) TIMING OF SCANNING AND PROCESSING OF

4 BALLOTS.—For purposes of section 306(e) (relating to 

5 the timing of the processing and scanning of ballots for 

6 tabulation), a vote cast using a drop box provided under 

7 this section shall be treated in the same manner as any 

8 other vote cast during early voting. 

9 ‘‘(h) POSTING OF INFORMATION.—On or adjacent to 

10 each drop box provided under this section, the State shall 

11 post information on the requirements that voted absentee 

12 ballots must meet in order to be counted and tabulated 

13 in the election. 

14 ‘‘(i) EFFECTIVE DATE.—This section shall apply 

15 with respect to the regularly scheduled general election for 

16 Federal office held in November 2022 and each succeeding 

17 election for Federal office.’’. 

18 (b) CLERICAL AMENDMENT.—The table of contents 

19 of such Act, as amended by section 1031(c), section 

20 1101(d), section 1611(c), section 1621(c), section 

21 1622(c), section 1623(a), and section 1906(b), is amend22 ed— 

23 (1) by redesignating the items relating to sec24 tions 311 and 312 as relating to sections 312 and 

25 313; and 


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1 (2) by inserting after the item relating to sec2 tion 310 the following new item: 

‘‘Sec. 311. Use of secured drop boxes for voted absentee ballots.’’. 

3 SEC. 1908. PROHIBITING STATES FROM RESTRICTING 

4 CURBSIDE VOTING. 

5 (a) REQUIREMENT.—Subtitle A of title III of the 

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

7 as amended by section 1031(a), section 1101(a), section 

8 1611(a), section 1621(a), section 1622(a), section 

9 1623(a), section 1906(a), and section 1907(a), is amend10 ed— 

11 (1) by redesignating sections 312 and 313 as 

12 sections 313 and 314; and 

13 (2) by inserting after section 311 the following 

14 new section: 

15 ‘‘SEC. 312. PROHIBITING STATES FROM RESTRICTING 

16 CURBSIDE VOTING. 

17 ‘‘(a) PROHIBITION.—A State may not— 

18 ‘‘(1) prohibit any jurisdiction administering an 

19 election for Federal office in the State from utilizing 

20 curbside voting as a method by which individuals 

21 may cast ballots in the election; or 

22 ‘‘(2) impose any restrictions which would ex23 clude any individual who is eligible to vote in such 

24 an election in a jurisdiction which utilizes curbside 


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1 voting from casting a ballot in the election by the 

2 method of curbside voting. 

3 ‘‘(b) EFFECTIVE DATE.—This section shall apply 

4 with respect to the regularly scheduled general election for 

5 Federal office held in November 2022 and each succeeding 

6 election for Federal office.’’. 

7 (b) CLERICAL AMENDMENT.—The table of contents 

8 of such Act, as amended by section 1031(c), section 

9 1101(d), section 1611(c), section 1621(c), section 

10 1622(c), section 1623(a), section 1906(b), and section 

11 1907(b), is amended— 

12 (1) by redesignating the items relating to sec13 tions 312 and 313 as relating to sections 313 and 

14 314; and 

15 (2) by inserting after the item relating to sec16 tion 311 the following new item: 

‘‘Sec. 312. Prohibiting States from restricting curbside voting.’’. 

17 PART 2—DISASTER AND EMERGENCY 

18 CONTINGENCY PLANS 

19 SEC. 1911. REQUIREMENTS FOR FEDERAL ELECTION CON20 TINGENCY PLANS IN RESPONSE TO NATURAL 

21 DISASTERS AND EMERGENCIES. 

22 (a) IN GENERAL.— 

23 (1) ESTABLISHMENT.—Not later than 90 days 

24 after the date of the enactment of this Act, each 

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1 sponsible for administering elections for Federal of2 fice shall establish and make publicly available a 

3 contingency plan to enable individuals to vote in 

4 elections for Federal office during a state of emer5 gency, public health emergency, or national emer6 gency which has been declared for reasons includ7 ing— 

8 (A) a natural disaster; or 

9 (B) an infectious disease. 

10 (2) UPDATING.—Each State and jurisdiction 

11 shall update the contingency plan established under 

12 this subsection not less frequently than every 5 

13 years. 

14 (b) REQUIREMENTS RELATING TO SAFETY.—The 

15 contingency plan established under subsection (a) shall in16 clude initiatives to provide equipment and resources need17 ed to protect the health and safety of poll workers and 

18 voters when voting in person. 

19 (c) REQUIREMENTS RELATING TO RECRUITMENT OF

20 POLL WORKERS.—The contingency plan established 

21 under subsection (a) shall include initiatives by the chief 

22 State election official and local election officials to recruit 

23 poll workers from resilient or unaffected populations, 

24 which may include— 


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1 (1) employees of other State and local govern2 ment offices; and 

3 (2) in the case in which an infectious disease 

4 poses significant increased health risks to elderly in5 dividuals, students of secondary schools and institu6 tions of higher education in the State. 

7 (d) ENFORCEMENT.— 

8 (1) ATTORNEY GENERAL.—The Attorney Gen9 eral may bring a civil action against any State or ju10 risdiction in an appropriate United States District 

11 Court for such declaratory and injunctive relief (in12 cluding a temporary restraining order, a permanent 

13 or temporary injunction, or other order) as may be 

14 necessary to carry out the requirements of this sec15 tion. 

16 (2) PRIVATE RIGHT OF ACTION.— 

17 (A) IN GENERAL.—In the case of a viola18 tion of this section, any person who is aggrieved 

19 by such violation may provide written notice of 

20 the violation to the chief election official of the 

21 State involved. 

22 (B) RELIEF.—If the violation is not cor23 rected within 20 days after receipt of a notice 

24 under subparagraph (A), or within 5 days after 

25 receipt of the notice if the violation occurred 


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1 within 120 days before the date of an election 

2 for Federal office, the aggrieved person may, in 

3 a civil action, obtain declaratory or injunctive 

4 relief with respect to the violation. 

5 (C) SPECIAL RULE.—If the violation oc6 curred within 5 days before the date of an elec7 tion for Federal office, the aggrieved person 

8 need not provide notice to the chief election of9 ficial of the State involved under subparagraph 

10 (A) before bringing a civil action under sub11 paragraph (B). 

12 (e) DEFINITIONS.— 

13 (1) ELECTION FOR FEDERAL OFFICE.—For 

14 purposes of this section, the term ‘‘election for Fed15 eral office’’ means a general, special, primary, or 

16 runoff election for the office of President or Vice 

17 President, or of Senator or Representative in, or 

18 Delegate or Resident Commissioner to, the Con19 gress. 

20 (2) STATE.—For purposes of this section, the 

21 term ‘‘State’’ includes the District of Columbia, the 

22 Commonwealth of Puerto Rico, Guam, American 

23 Samoa, the United States Virgin Islands, and the 

24 Commonwealth of the Northern Mariana Islands. 


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1 (f) EFFECTIVE DATE.—This section shall apply with 

2 respect to the regularly scheduled general election for Fed3 eral office held in November 2022 and each succeeding 

4 election for Federal office. 

5 PART 3—IMPROVEMENTS IN OPERATION OF 

6 ELECTION ASSISTANCE COMMISSION 

7 SEC. 1921. REAUTHORIZATION OF ELECTION ASSISTANCE 

8 COMMISSION. 

9 Section 210 of the Help America Vote Act of 2002 

10 (52 U.S.C. 20930) is amended— 

11 (1) by striking ‘‘for each of the fiscal years 

12 2003 through 2005’’ and inserting ‘‘for fiscal year 

13 2021 and each succeeding fiscal year’’; and 

14 (2) by striking ‘‘(but not to exceed $10,000,000 

15 for each such year)’’. 

16 SEC. 1922. REQUIRING STATES TO PARTICIPATE IN POST17 GENERAL ELECTION SURVEYS. 

18 (a) REQUIREMENT.—Title III of the Help America 

19 Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended 

20 by section 1903(a), is further amended by inserting after 

21 section 303A the following new section: 

22 ‘‘SEC. 303B. REQUIRING PARTICIPATION IN POST-GENERAL 

23 ELECTION SURVEYS. 

24 ‘‘(a) REQUIREMENT.—Each State shall furnish to the 

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1 quest for purposes of conducting any post-election survey 

2 of the States with respect to the administration of a regu3 larly scheduled general election for Federal office. 

4 ‘‘(b) EFFECTIVE DATE.—This section shall apply 

5 with respect to the regularly scheduled general election for 

6 Federal office held in November 2022 and any succeeding 

7 election.’’. 

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

9 of such Act, as amended by section 1903(c), is further 

10 amended by inserting after the item relating to section 

11 303A the following new item: 

‘‘Sec. 303B. Requiring participation in post-general election surveys.’’. 

12 SEC. 1923. REPORTS BY NATIONAL INSTITUTE OF STAND13 ARDS AND TECHNOLOGY ON USE OF FUNDS 

14 TRANSFERRED FROM ELECTION ASSISTANCE 

15 COMMISSION. 

16 (a) REQUIRING REPORTS ON USE FUNDS AS CONDI17 TION OF RECEIPT.—Section 231 of the Help America 

18 Vote Act of 2002 (52 U.S.C. 20971) is amended by adding 

19 at the end the following new subsection: 

20 ‘‘(e) REPORT ON USE OF FUNDS TRANSFERRED

21 FROM COMMISSION.—To the extent that funds are trans22 ferred from the Commission to the Director of the Na23 tional Institute of Standards and Technology for purposes 

24 of carrying out this section during any fiscal year, the Di25 rector may not use such funds unless the Director certifies 


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1 at the time of transfer that the Director will submit a re2 port to the Commission not later than 90 days after the 

3 end of the fiscal year detailing how the Director used such 

4 funds during the year.’’. 

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

6 subsection (a) shall apply with respect to fiscal year 2022 

7 and each succeeding fiscal year. 

8 SEC. 1924. RECOMMENDATIONS TO IMPROVE OPERATIONS 

9 OF ELECTION ASSISTANCE COMMISSION. 

10 (a) ASSESSMENT OF INFORMATION TECHNOLOGY

11 AND CYBERSECURITY.—Not later than December 31, 

12 2021, the Election Assistance Commission shall carry out 

13 an assessment of the security and effectiveness of the 

14 Commission’s information technology systems, including 

15 the cybersecurity of such systems. 

16 (b) IMPROVEMENTS TO ADMINISTRATIVE COMPLAINT

17 PROCEDURES.— 

18 (1) REVIEW OF PROCEDURES.—The Election 

19 Assistance Commission shall carry out a review of 

20 the effectiveness and efficiency of the State-based 

21 administrative complaint procedures established and 

22 maintained under section 402 of the Help America 

23 Vote Act of 2002 (52 U.S.C. 21112) for the inves24 tigation and resolution of allegations of violations of 

25 title III of such Act. 


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1 (2) RECOMMENDATIONS TO STREAMLINE PRO2 CEDURES.—Not later than December 31, 2021, the 

3 Commission shall submit to Congress a report on 

4 the review carried out under paragraph (1), and 

5 shall include in the report such recommendations as 

6 the Commission considers appropriate to streamline 

7 and improve the procedures which are the subject of 

8 the review. 

9 SEC. 1925. REPEAL OF EXEMPTION OF ELECTION ASSIST10 ANCE COMMISSION FROM CERTAIN GOVERN11 MENT CONTRACTING REQUIREMENTS. 

12 (a) IN GENERAL.—Section 205 of the Help America 

13 Vote Act of 2002 (52 U.S.C. 20925) is amended by strik14 ing subsection (e). 

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

16 subsection (a) shall apply with respect to contracts entered 

17 into by the Election Assistance Commission on or after 

18 the date of the enactment of this Act. 

19 PART 3—MISCELLANEOUS PROVISIONS 

20 SEC. 1931. APPLICATION OF LAWS TO COMMONWEALTH OF 

21 NORTHERN MARIANA ISLANDS. 

22 (a) NATIONAL VOTER REGISTRATION ACT OF

23 1993.—Section 3(4) of the National Voter Registration 

24 Act of 1993 (52 U.S.C. 20502(4)) is amended by striking 

25 ‘‘States and the District of Columbia’’ and inserting 


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1 ‘‘States, the District of Columbia, and the Commonwealth 

2 of the Northern 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.’’. 

21 SEC. 1933. NO EFFECT ON OTHER LAWS. 

22 (a) IN GENERAL.—Except as specifically provided, 

23 nothing in this title may be construed to authorize or re24 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 Subtitle O—Severability 

7 SEC. 1941. SEVERABILITY. 

8 If any provision of this title or amendment made by 

9 this title, or the application of a provision or amendment 

10 to any person or circumstance, is held to be unconstitu11 tional, the remainder of this title and amendments made 

12 by this title, and the application of the provisions and 

13 amendment to any person or circumstance, shall not be 

14 affected by the holding. 

15 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. 

Subtitle E—Redistricting Reform 

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

PART 1—REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING


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

of independent State commission. 

Sec. 2402. Ban on mid-decade redistricting. 

PART 2—INDEPENDENT REDISTRICTING COMMISSIONS

Sec. 2411. Independent redistricting commission. 

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

members of commission. 

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

Sec. 2414. Establishment of related entities. 

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

commissions. 

PART 3—ROLE OF COURTS IN DEVELOPMENT OF REDISTRICTING PLANS

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

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

court. 

PART 4—ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

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

Sec. 2432. Civil enforcement. 

Sec. 2433. State apportionment notice defined. 

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

Sec. 2435. Effective date. 

Subtitle F—Saving Eligible Voters From Voter Purging 

Sec. 2501. Short title. 

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

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

Opportunities for Voting 

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

voting. 

Subtitle H—Residence of Incarcerated Individuals 

Sec. 2701. Residence of incarcerated individuals. 

Subtitle I—Severability 

Sec. 2801. Severability. 


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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 Congress finds the following: 

8 (1) The right to vote for all Americans is sac9 rosanct and rules for voting and election administra10 tion should protect the right to vote and promote 

11 voter participation. 

12 (2) The Voting Rights Act has empowered the 

13 Department of Justice and Federal courts for nearly 

14 a half a century to block discriminatory voting prac15 tices before their implementation in States and local16 ities with the most troubling histories and ongoing 

17 records of racial discrimination. 

18 (3) There continues to be an alarming move19 ment to erect barriers to make it more difficult for 

20 Americans to participate in our Nation’s democratic 

21 process. The Nation has witnessed unprecedented ef22 forts to turn back the clock and erect barriers to 

23 voting for communities of color which have faced 

24 historic and continuing discrimination, as well as 

25 disabled, young, elderly, and low-income Americans. 


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1 (4) The Supreme Court’s 2013 Shelby County 

2 v. Holder decision gutted decades-long Federal pro3 tections for communities of color that face historic 

4 and continuing discrimination, emboldening States 

5 and local jurisdictions to pass voter suppression laws 

6 and implement procedures, such as those requiring 

7 photo identification, limiting early voting hours, 

8 eliminating same-day registration, purging voters 

9 from the rolls, and reducing the number of polling 

10 places. Congress is committed to reversing the dev11 astating impact of this decision. 

12 (5) Racial discrimination in voting is a clear 

13 and persistent problem. The actions of States and 

14 localities around the country post-Shelby County, in15 cluding at least 10 findings by Federal courts of in16 tentional discrimination, underscore the need for 

17 Congress to conduct investigatory and evidentiary 

18 hearings to determine the legislation necessary to re19 store the Voting Rights Act and combat continuing 

20 efforts in America that suppress the free exercise of 

21 the franchise in communities of color. 

22 (6) The 2018 midterm and 2020 general elec23 tions provide further evidence that systemic voter 

24 discrimination and intimidation continues to occur in 

25 communities of color across the country, making it 


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1 clear that democracy reform cannot be achieved 

2 until Congress restores key provisions of the Voting 

3 Rights Act. 

4 (7) Congress must remain vigilant in protecting 

5 every eligible citizen’s right to vote. Congress should 

6 respond by modernizing the electoral system to— 

7 (A) improve access to the ballot; 

8 (B) enhance the integrity and security of 

9 our voting systems; 

10 (C) ensure greater accountability for the 

11 administration of elections; 

12 (D) restore protections for voters against 

13 practices in States and localities plagued by the 

14 persistence of voter disenfranchisement; and 

15 (E) ensure that Federal civil rights laws 

16 protect the rights of voters against discrimina17 tory and deceptive practices. 

18 Subtitle B—Findings Relating to 

19 Native American Voting Rights 

20 SEC. 2101. FINDINGS RELATING TO NATIVE AMERICAN VOT21 ING RIGHTS. 

22 Congress finds the following: 

23 (1) The right to vote for all Americans is sa24 cred. Congress must fulfill the Federal Government’s 

25 trust responsibility to protect and promote Native 


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1 Americans’ exercise of their fundamental right to 

2 vote, including equal access to voter registration vot3 ing mechanisms and locations, and the ability to 

4 serve as election officials. 

5 (2) The Native American Voting Rights Coali6 tion’s four-State survey of voter discrimination 

7 (2016) and nine field hearings in Indian Country 

8 (2017–2018) revealed obstacles that Native Ameri9 cans must overcome, including a lack of accessible 

10 and proximate registration and polling sites, non11 traditional addresses for residents on Indian reserva12 tions, inadequate language assistance for Tribal 

13 members, and voter identification laws that discrimi14 nate against Native Americans. The Department of 

15 Justice and courts have recognized that some juris16 dictions have been unresponsive to reasonable re17 quests from federally recognized Indian Tribes for 

18 more accessible and proximate voter registration 

19 sites and in-person voting locations. 

20 (3) The 2018 midterm and 2020 general elec21 tions provide further evidence that systemic voter 

22 discrimination and intimidation continues to occur in 

23 communities of color and Tribal lands across the 

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1 sions of the Voting Rights Act and passes additional 

2 protections. 

3 (4) Congress has broad, plenary authority to 

4 enact legislation to safeguard the voting rights of 

5 Native American voters. 

6 (5) Congress must conduct investigatory and 

7 evidentiary hearings to determine the necessary leg8 islation to restore the Voting Rights Act and combat 

9 continuous efforts that suppress the voter franchise 

10 within Tribal lands, to include, but not to be limited 

11 to, the Native American Voting Rights Act 

12 (NAVRA) and the Voting Rights Advancement Act 

13 (VRAA). 

14 Subtitle C—Findings Relating to 

15 District of Columbia Statehood 

16 SEC. 2201. FINDINGS RELATING TO DISTRICT OF COLUMBIA 

17 STATEHOOD. 

18 Congress finds the following: 

19 (1) The 705,000 District of Columbia residents 

20 deserve voting representation in Congress and local 

21 self-government, which only statehood can provide. 

22 (2) The United States is the only democratic 

23 country that denies both voting representation in the 

24 national legislature and local self-government to the 

25 residents of its Nation’s capital. 


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1 (3) There are no constitutional, historical, fis2 cal, or economic reasons why the Americans who live 

3 in the District of Columbia should not be granted 

4 statehood. 

5 (4) Since the founding of the United States, the 

6 residents of the District of Columbia have always 

7 carried all of the obligations of citizenship, including 

8 serving in all of the Nation’s wars and paying Fed9 eral taxes, but have been denied voting representa10 tion in Congress and freedom from congressional in11 terference in purely local matters. 

12 (5) The District of Columbia pays more Federal 

13 taxes per capita than any State and more Federal 

14 taxes than 22 States. 

15 (6) The District of Columbia has a larger popu16 lation than 2 States (Wyoming and Vermont), and 

17 6 States have a population under one million. 

18 (7) The District of Columbia has a larger budg19 et than 12 States. 

20 (8) The Constitution of the United States gives 

21 Congress the authority to admit new States (clause 

22 1, section 3, article IV) and reduce the size of the 

23 seat of the Government of the United States (clause 

24 17, section 8, article I). All 37 new States have been 

25 admitted by an Act of Congress, and Congress has 


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1 previously reduced the size of the seat of the Gov2 ernment of the United States. 

3 (9) On June 26, 2020, by a vote of 232–180, 

4 the House of Representatives passed H.R. 51, the 

5 Washington, D.C. Admission Act, which would have 

6 admitted the State of Washington, Douglass Com7 monwealth from the residential portions of the Dis8 trict of Columbia and reduced the size of the seat 

9 of the Government of the United States to the 

10 United States Capitol, the White House, the United 

11 States Supreme Court, the National Mall, and the 

12 principal Federal monuments and buildings. 

13 Subtitle D—Territorial Voting 

14 Rights 

15 SEC. 2301. FINDINGS RELATING TO TERRITORIAL VOTING 

16 RIGHTS. 

17 Congress finds the following: 

18 (1) The right to vote is one of the most power19 ful instruments residents of the territories of the 

20 United States have to ensure that their voices are 

21 heard. 

22 (2) These Americans have played an important 

23 part in the American democracy for more than 120 

24 years. 


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1 (3) Political participation and the right to vote 

2 are among the highest concerns of territorial resi3 dents in part because they were not always afforded 

4 these rights. 

5 (4) Voter participation in the territories consist6 ently ranks higher than many communities on the 

7 mainland. 

8 (5) Territorial residents serve and die, on a per 

9 capita basis, at a higher rate in every United States 

10 war and conflict since WWI, as an expression of 

11 their commitment to American democratic principles 

12 and patriotism. 

13 SEC. 2302. CONGRESSIONAL TASK FORCE ON VOTING 

14 RIGHTS OF UNITED STATES CITIZEN RESI15 DENTS OF TERRITORIES OF THE UNITED 

16 STATES. 

17 (a) ESTABLISHMENT.—There is established within 

18 the legislative branch a Congressional Task Force on Vot19 ing Rights of United States Citizen Residents of Terri20 tories of the United States (in this section referred to as 

21 the ‘‘Task Force’’). 

22 (b) MEMBERSHIP.—The Task Force shall be com23 posed of 12 members as follows: 

24 (1) 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 Natural Resources of 

3 the House of Representatives. 

4 (2) One Member of the House of Representa5 tives, who shall be appointed by the Speaker of the 

6 House of Representatives, in coordination with the 

7 Chairman of the Committee on the Judiciary of the 

8 House of Representatives. 

9 (3) One Member of the House of Representa10 tives, who shall be appointed by the Speaker of the 

11 House of Representatives, in coordination with the 

12 Chairman of the Committee on House Administra13 tion of the House of Representatives. 

14 (4) One Member of the House of Representa15 tives, who shall be appointed by the minority leader 

16 of the House of Representatives, in coordination 

17 with the ranking minority member of the Committee 

18 on Natural Resources of the House of Representa19 tives. 

20 (5) One Member of the House of Representa21 tives, who shall be appointed by the minority leader 

22 of the House of Representatives, in coordination 

23 with the ranking minority member of the Committee 

24 on the Judiciary of the House of Representatives. 


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1 (6) One Member of the House of Representa2 tives, who shall be appointed by the minority leader 

3 of the House of Representatives, in coordination 

4 with the ranking minority member of the Committee 

5 on House Administration of the House of Represent6 atives. 

7 (7) One Member of the Senate, who shall be ap8 pointed by the majority leader of the Senate, in co9 ordination with the Chairman of the Committee on 

10 Energy and Natural Resources of the Senate. 

11 (8) One Member of the Senate, who shall be ap12 pointed by the majority leader of the Senate, in co13 ordination with the Chairman of the Committee on 

14 the Judiciary of the Senate. 

15 (9) One Member of the Senate, who shall be ap16 pointed by the majority leader of the Senate, in co17 ordination with the Chairman of the Committee on 

18 Rules and Administration of the Senate. 

19 (10) One Member of the Senate, who shall be 

20 appointed by the minority leader of the Senate, in 

21 coordination with the ranking minority member of 

22 the Committee on Energy and Natural Resources of 

23 the Senate. 

24 (11) One Member of the Senate, who shall be 

25 appointed by the minority leader of the Senate, in 


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1 coordination with the ranking minority member of 

2 the Committee on the Judiciary of the Senate. 

3 (12) One Member of the Senate, who shall be 

4 appointed by the minority leader of the Senate, in 

5 coordination with the ranking minority member of 

6 the Committee on Rules and Administration of the 

7 Senate. 

8 (c) DEADLINE FOR APPOINTMENT.—All appoint9 ments to the Task Force shall be made not later than 30 

10 days after the date of enactment of this Act. 

11 (d) CHAIR.—The Speaker shall designate one Mem12 ber to serve as chair of the Task Force. 

13 (e) VACANCIES.—Any vacancy in the Task Force 

14 shall be filled in the same manner as the original appoint15 ment. 

16 (f) STATUS UPDATE.—Between September 1, 2021, 

17 and September 30, 2021, the Task Force shall provide a 

18 status update to the House of Representatives and the 

19 Senate that includes— 

20 (1) information the Task Force has collected; 

21 and 

22 (2) a discussion on matters that the chairman 

23 of the Task Force deems urgent for consideration by 

24 Congress. 


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1 (g) REPORT.—Not later than December 31, 2021, 

2 the Task Force shall issue a report of its findings to the 

3 House of Representatives and the Senate regarding— 

4 (1) the economic and societal consequences 

5 (through statistical data and other metrics) that 

6 come with political disenfranchisement of United 

7 States citizens in territories of the United States; 

8 (2) impediments to full and equal voting rights 

9 for 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 (3) impediments to full and equal voting rep14 resentation in the House of Representatives for 

15 United States citizens who are residents of terri16 tories of the United States; 

17 (4) recommended changes that, if adopted, 

18 would allow for full and equal voting rights for 

19 United States citizens who are residents of terri20 tories of the United States in Federal elections, in21 cluding the election of the President and Vice Presi22 dent of the United States; 

23 (5) recommended changes that, if adopted, 

24 would allow for full and equal voting representation 

25 in the House of Representatives for United States 


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1 citizens who are residents of territories of the United 

2 States; and 

3 (6) additional information the Task Force 

4 deems appropriate. 

5 (h) CONSENSUS VIEWS.—To the greatest extent 

6 practicable, the report issued under subsection (g) shall 

7 reflect the shared views of all 12 Members, except that 

8 the report may contain dissenting views. 

9 (i) HEARINGS AND SESSIONS.—The Task Force may, 

10 for the purpose of carrying out this section, hold hearings, 

11 sit and act at times and places, take testimony, and re12 ceive evidence as the Task Force considers appropriate. 

13 (j) STAKEHOLDER PARTICIPATION.—In carrying out 

14 its duties, the Task Force shall consult with the govern15 ments of American Samoa, Guam, the Commonwealth of 

16 the Northern Mariana Islands, the Commonwealth of 

17 Puerto Rico, and the United States Virgin Islands. 

18 (k) RESOURCES.—The Task Force shall carry out its 

19 duties by utilizing existing facilities, services, and staff of 

20 the House of Representatives and the Senate. 

21 (l) TERMINATION.—The Task Force shall terminate 

22 upon issuing the report required under subsection (g). 


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1 Subtitle E—Redistricting Reform 

2 SEC. 2400. SHORT TITLE; FINDING OF CONSTITUTIONAL AU3 THORITY. 

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

5 ‘‘Redistricting Reform Act of 2021’’. 

6 (b) FINDING OF CONSTITUTIONAL AUTHORITY.— 

7 Congress finds that it has the authority to establish the 

8 terms and conditions States must follow in carrying out 

9 congressional redistricting after an apportionment of 

10 Members of the House of Representatives because— 

11 (1) the authority granted to Congress under ar12 ticle I, section 4 of the Constitution of the United 

13 States gives Congress the power to enact laws gov14 erning the time, place, and manner of elections for 

15 Members of the House of Representatives; and 

16 (2) the authority granted to Congress under 

17 section 5 of the fourteenth amendment to the Con18 stitution gives Congress the power to enact laws to 

19 enforce section 2 of such amendment, which requires 

20 Representatives to be apportioned among the several 

21 States according to their number. 


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1 PART 1—REQUIREMENTS FOR CONGRESSIONAL 

2 REDISTRICTING 

3 SEC. 2401. REQUIRING CONGRESSIONAL REDISTRICTING 

4 TO BE CONDUCTED THROUGH PLAN OF INDE5 PENDENT STATE COMMISSION. 

6 (a) USE OF PLAN REQUIRED.—Notwithstanding any 

7 other provision of law, and except as provided in sub8 section (c) and subsection (d), any congressional redis9 tricting conducted by a State shall be conducted in accord10 ance with— 

11 (1) the redistricting plan developed and enacted 

12 into law by the independent redistricting commission 

13 established in the State, in accordance with part 2; 

14 or 

15 (2) if a plan developed by such commission is 

16 not enacted into law, the redistricting plan developed 

17 and enacted into law by a 3-judge court, in accord18 ance with section 2421. 

19 (b) CONFORMING AMENDMENT.—Section 22(c) of 

20 the Act entitled ‘‘An Act to provide for the fifteenth and 

21 subsequent decennial censuses and to provide for an ap22 portionment of Representatives in Congress’’, approved 

23 June 18, 1929 (2 U.S.C. 2a(c)), is amended by striking 

24 ‘‘in the manner provided by the law thereof’’ and insert25 ing: ‘‘in the manner provided by the Redistricting Reform 

26 Act of 2021’’. 


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1 (c) SPECIAL RULE FOR EXISTING COMMISSIONS.— 

2 Subsection (a) does not apply to any State in which, under 

3 law in effect continuously on and after the date of the 

4 enactment of this Act, congressional redistricting is car5 ried out in accordance with a plan developed and approved 

6 by an independent redistricting commission which is in 

7 compliance with each of the following requirements: 

8 (1) PUBLICLY AVAILABLE APPLICATION PROC9 ESS.—Membership on the commission is open to citi10 zens of the State through a publicly available appli11 cation process. 

12 (2) DISQUALIFICATIONS FOR GOVERNMENT

13 SERVICE AND POLITICAL APPOINTMENT.—Individ14 uals who, for a covered period of time as established 

15 by the State, hold or have held public office, individ16 uals who are or have been candidates for elected 

17 public office, and individuals who serve or have 

18 served as an officer, employee, or paid consultant of 

19 a campaign committee of a candidate for public of20 fice are disqualified from serving on the commission. 

21 (3) SCREENING FOR CONFLICTS.—Individuals 

22 who apply to serve on the commission are screened 

23 through a process that excludes persons with con24 flicts of interest from the pool of potential commis25 sioners. 


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1 (4) MULTI-PARTISAN COMPOSITION.—Member2 ship on the commission represents those who are af3 filiated with the two political parties whose can4 didates received the most votes in the most recent 

5 statewide election for Federal office held in the 

6 State, as well as those who are unaffiliated with any 

7 party or who are affiliated with political parties 

8 other than the two political parties whose candidates 

9 received the most votes in the most recent statewide 

10 election for Federal office held in the State. 

11 (5) CRITERIA FOR REDISTRICTING.—Members 

12 of the commission are required to meet certain cri13 teria in the map drawing process, including mini14 mizing the division of communities of interest and a 

15 ban on drawing maps to favor a political party. 

16 (6) PUBLIC INPUT.—Public hearings are held 

17 and comments from the public are accepted before 

18 a final map is approved. 

19 (7) BROAD-BASED SUPPORT FOR APPROVAL OF

20 FINAL PLAN.—The approval of the final redistricting 

21 plan requires a majority vote of the members of the 

22 commission, including the support of at least one 

23 member of each of the following: 

24 (A) Members who are affiliated with the 

25 political party whose candidate received the 


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1 most votes in the most recent statewide election 

2 for Federal office held in the State. 

3 (B) Members who are affiliated with the 

4 political party whose candidate received the sec5 ond most votes in the most recent statewide 

6 election for Federal office held in the State. 

7 (C) Members who not affiliated with any 

8 political party or who are affiliated with polit9 ical parties other than the political parties de10 scribed in subparagraphs (A) and (B). 

11 (d) TREATMENT OF STATE OF IOWA.—Subsection (a) 

12 does not apply to the State of Iowa, so long as congres13 sional redistricting in such State is carried out in accord14 ance with a plan developed by the Iowa Legislative Serv15 ices Agency with the assistance of a Temporary Redis16 tricting Advisory Commission, under law which was in ef17 fect for the most recent congressional redistricting carried 

18 out in the State prior to the date of the enactment of this 

19 Act and which remains in effect continuously on and after 

20 the date of the enactment of this Act. 

21 SEC. 2402. BAN ON MID-DECADE REDISTRICTING. 

22 A State that has been redistricted in accordance with 

23 this subtitle and a State described in section 2401(c) or 

24 section 2401(d) may not be redistricted again until after 

25 the next apportionment of Representatives under section 


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1 22(a) of the Act entitled ‘‘An Act to provide for the fif2 teenth and subsequent decennial censuses and to provide 

3 for an apportionment of Representatives in Congress’’, ap4 proved June 18, 1929 (2 U.S.C. 2a), unless a court re5 quires the State to conduct such subsequent redistricting 

6 to comply with the Constitution of the United States, the 

7 Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), the 

8 Constitution of the State, or the terms or conditions of 

9 this subtitle. 

10 PART 2—INDEPENDENT REDISTRICTING 

11 COMMISSIONS 

12 SEC. 2411. INDEPENDENT REDISTRICTING COMMISSION. 

13 (a) APPOINTMENT OF MEMBERS.— 

14 (1) IN GENERAL.—The nonpartisan agency es15 tablished or designated by a State under section 

16 2414(a) shall establish an independent redistricting 

17 commission for the State, which shall consist of 15 

18 members appointed by the agency as follows: 

19 (A) Not later than October 1 of a year 

20 ending in the numeral zero, the agency shall, at 

21 a public meeting held not earlier than 15 days 

22 after notice of the meeting has been given to 

23 the public, first appoint 6 members as follows: 

24 (i) The agency shall appoint 2 mem25 bers on a random basis from the majority 


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1 category of the approved selection pool (as 

2 described in section 2412(b)(1)(A)). 

3 (ii) The agency shall appoint 2 mem4 bers on a random basis from the minority 

5 category of the approved selection pool (as 

6 described in section 2412(b)(1)(B)). 

7 (iii) The agency shall appoint 2 mem8 bers on a random basis from the inde9 pendent category of the approved selection 

10 pool (as described in section 

11 2412(b)(1)(C)). 

12 (B) Not later than November 15 of a year 

13 ending in the numeral zero, the members ap14 pointed by the agency under subparagraph (A) 

15 shall, at a public meeting held not earlier than 

16 15 days after notice of the meeting has been 

17 given to the public, then appoint 9 members as 

18 follows: 

19 (i) The members shall appoint 3 mem20 bers from the majority category of the ap21 proved selection pool (as described in sec22 tion 2412(b)(1)(A)). 

23 (ii) The members shall appoint 3 

24 members from the minority category of the 


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1 approved selection pool (as described in 

2 section 2412(b)(1)(B)). 

3 (iii) The members shall appoint 3 

4 members from the independent category of 

5 the approved selection pool (as described in 

6 section 2412(b)(1)(C)). 

7 (2) RULES FOR APPOINTMENT OF MEMBERS

8 APPOINTED BY FIRST MEMBERS.— 

9 (A) AFFIRMATIVE VOTE OF AT LEAST 4

10 MEMBERS.—The appointment of any of the 9 

11 members of the independent redistricting com12 mission who are appointed by the first members 

13 of the commission pursuant to subparagraph 

14 (B) of paragraph (1), as well as the designation 

15 of alternates for such members pursuant to 

16 subparagraph (B) of paragraph (3) and the ap17 pointment of alternates to fill vacancies pursu18 ant to subparagraph (B) of paragraph (4), shall 

19 require the affirmative vote of at least 4 of the 

20 members appointed by the nonpartisan agency 

21 under subparagraph (A) of paragraph (1), in22 cluding at least one member from each of the 

23 categories referred to in such subparagraph. 

24 (B) ENSURING DIVERSITY.—In appointing 

25 the 9 members pursuant to subparagraph (B) 


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1 of paragraph (1), as well as in designating al2 ternates pursuant to subparagraph (B) of para3 graph (3) and in appointing alternates to fill 

4 vacancies pursuant to subparagraph (B) of 

5 paragraph (4), the first members of the inde6 pendent redistricting commission shall ensure 

7 that the membership is representative of the de8 mographic groups (including racial, ethnic, eco9 nomic, and gender) and geographic regions of 

10 the State, and provides racial, ethnic, and lan11 guage minorities protected under the Voting 

12 Rights Act of 1965 with a meaningful oppor13 tunity to participate in the development of the 

14 State’s redistricting plan. 

15 (3) DESIGNATION OF ALTERNATES TO SERVE

16 IN CASE OF VACANCIES.— 

17 (A) MEMBERS APPOINTED BY AGENCY.— 

18 At the time the agency appoints the members 

19 of the independent redistricting commission 

20 under subparagraph (A) of paragraph (1) from 

21 each of the categories referred to in such sub22 paragraph, the agency shall, on a random basis, 

23 designate 2 other individuals from such cat24 egory to serve as alternate members who may 


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1 be appointed to fill vacancies in the commission 

2 in accordance with paragraph (4). 

3 (B) MEMBERS APPOINTED BY FIRST MEM4 BERS.—At the time the members appointed by 

5 the agency appoint the other members of the 

6 independent redistricting commission under 

7 subparagraph (B) of paragraph (1) from each 

8 of the categories referred to in such subpara9 graph, the members shall, in accordance with 

10 the special rules described in paragraph (2), 

11 designate 2 other individuals from such cat12 egory to serve as alternate members who may 

13 be appointed to fill vacancies in the commission 

14 in accordance with paragraph (4). 

15 (4) APPOINTMENT OF ALTERNATES TO SERVE

16 IN CASE OF VACANCIES.— 

17 (A) MEMBERS APPOINTED BY AGENCY.—If 

18 a vacancy occurs in the commission with respect 

19 to a member who was appointed by the non20 partisan agency under subparagraph (A) of 

21 paragraph (1) from one of the categories re22 ferred to in such subparagraph, the agency 

23 shall fill the vacancy by appointing, on a ran24 dom basis, one of the 2 alternates from such 

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1 graph (A) of paragraph (3). At the time the 

2 agency appoints an alternate to fill a vacancy 

3 under the previous sentence, the agency shall 

4 designate, on a random basis, another indi5 vidual from the same category to serve as an al6 ternate member, in accordance with subpara7 graph (A) of paragraph (3). 

8 (B) MEMBERS APPOINTED BY FIRST MEM9 BERS.—If a vacancy occurs in the commission 

10 with respect to a member who was appointed by 

11 the first members of the commission under sub12 paragraph (B) of paragraph (1) from one of the 

13 categories referred to in such subparagraph, the 

14 first members shall, in accordance with the spe15 cial rules described in paragraph (2), fill the va16 cancy by appointing one of the 2 alternates 

17 from such category who was designated under 

18 subparagraph (B) of paragraph (3). At the time 

19 the first members appoint an alternate to fill a 

20 vacancy under the previous sentence, the first 

21 members shall, in accordance with the special 

22 rules described in paragraph (2), designate an23 other individual from the same category to 

24 serve as an alternate member, in accordance 

25 with subparagraph (B) of paragraph (3). 


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1 (5) REMOVAL.—A member of the independent 

2 redistricting commission may be removed by a ma3 jority vote of the remaining members of the commis4 sion if it is shown by a preponderance of the evi5 dence that the member is not eligible to serve on the 

6 commission under section 2412(a). 

7 (b) PROCEDURES FOR CONDUCTING COMMISSION

8 BUSINESS.— 

9 (1) CHAIR.—Members of an independent redis10 tricting commission established under this section 

11 shall select by majority vote one member who was 

12 appointed from the independent category of the ap13 proved selection pool described in section 

14 2412(b)(1)(C) to serve as chair of the commission. 

15 The commission may not take any action to develop 

16 a redistricting plan for the State under section 2413 

17 until the appointment of the commission’s chair. 

18 (2) REQUIRING MAJORITY APPROVAL FOR AC19 TIONS.—The independent redistricting commission 

20 of a State may not publish and disseminate any 

21 draft or final redistricting plan, or take any other 

22 action, without the approval of at least— 

23 (A) a majority of the whole membership of 

24 the commission; and 


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1 (B) at least one member of the commission 

2 appointed from each of the categories of the ap3 proved selection pool described in section 

4 2412(b)(1). 

5 (3) QUORUM.—A majority of the members of 

6 the commission shall constitute a quorum. 

7 (c) STAFF; CONTRACTORS.— 

8 (1) STAFF.—Under a public application process 

9 in which all application materials are available for 

10 public inspection, the independent redistricting com11 mission of a State shall appoint and set the pay of 

12 technical experts, legal counsel, consultants, and 

13 such other staff as it considers appropriate, subject 

14 to State law. 

15 (2) CONTRACTORS.—The independent redis16 tricting commission of a State may enter into such 

17 contracts with vendors as it considers appropriate, 

18 subject to State law, except that any such contract 

19 shall be valid only if approved by the vote of a ma20 jority of the members of the commission, including 

21 at least one member appointed from each of the cat22 egories of the approved selection pool described in 

23 section 2412(b)(1). 

24 (3) REPORTS ON EXPENDITURES FOR POLIT25 ICAL ACTIVITY.— 


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1 (A) REPORT BY APPLICANTS.—Each indi2 vidual who applies for a position as an employee 

3 of the independent redistricting commission and 

4 each vendor who applies for a contract with the 

5 commission shall, at the time of applying, file 

6 with the commission a report summarizing— 

7 (i) any expenditure for political activ8 ity made by such individual or vendor dur9 ing the 10 most recent calendar years; and 

10 (ii) any income received by such indi11 vidual or vendor during the 10 most recent 

12 calendar years which is attributable to an 

13 expenditure for political activity. 

14 (B) ANNUAL REPORTS BY EMPLOYEES

15 AND VENDORS.—Each person who is an em16 ployee or vendor of the independent redis17 tricting commission shall, not later than one 

18 year after the person is appointed as an em19 ployee or enters into a contract as a vendor (as 

20 the case may be) and annually thereafter for 

21 each year during which the person serves as an 

22 employee or a vendor, file with the commission 

23 a report summarizing the expenditures and in24 come described in subparagraph (A) during the 

25 10 most recent calendar years. 


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1 (C) EXPENDITURE FOR POLITICAL ACTIV2 ITY DEFINED.—In this paragraph, the term 

3 ‘‘expenditure for political activity’’ means a dis4 bursement for any of the following: 

5 (i) An independent expenditure, as de6 fined in section 301(17) of the Federal 

7 Election Campaign Act of 1971 (52 U.S.C. 

8 30101(17)). 

9 (ii) An electioneering communication, 

10 as defined in section 304(f)(3) of such Act 

11 (52 U.S.C. 30104(f)(3)) or any other pub12 lic communication, as defined in section 

13 301(22) of such Act (52 U.S.C. 

14 30101(22)) that would be an electioneering 

15 communication if it were a broadcast, 

16 cable, or satellite communication. 

17 (iii) Any dues or other payments to 

18 trade associations or organizations de19 scribed in section 501(c) of the Internal 

20 Revenue Code of 1986 and exempt from 

21 tax under section 501(a) of such Code that 

22 are, or could reasonably be anticipated to 

23 be, used or transferred to another associa24 tion or organization for a use described in 


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1 paragraph (1), (2), or (4) of section 501(c) 

2 of such Code. 

3 (4) GOAL OF IMPARTIALITY.—The commission 

4 shall take such steps as it considers appropriate to 

5 ensure that any staff appointed under this sub6 section, and any vendor with whom the commission 

7 enters into a contract under this subsection, will 

8 work in an impartial manner, and may require any 

9 person who applies for an appointment to a staff po10 sition or for a vendor’s contract with the commission 

11 to provide information on the person’s history of po12 litical activity beyond the information on the per13 son’s expenditures for political activity provided in 

14 the reports required under paragraph (3) (including 

15 donations to candidates, political committees, and 

16 political parties) as a condition of the appointment 

17 or the contract. 

18 (5) DISQUALIFICATION; WAIVER.— 

19 (A) IN GENERAL.—The independent redis20 tricting commission may not appoint an indi21 vidual as an employee, and may not enter into 

22 a contract with a vendor, if the individual or 

23 vendor meets any of the criteria for the dis24 qualification of an individual from serving as a 


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1 member of the commission which are set forth 

2 in section 2412(a)(2). 

3 (B) WAIVER.—The commission may by 

4 unanimous vote of its members waive the appli5 cation of subparagraph (A) to an individual or 

6 a vendor after receiving and reviewing the re7 port filed by the individual or vendor under 

8 paragraph (3). 

9 (d) TERMINATION.— 

10 (1) IN GENERAL.—The independent redis11 tricting commission of a State shall terminate on the 

12 earlier of— 

13 (A) June 14 of the next year ending in the 

14 numeral zero; or 

15 (B) the day on which the nonpartisan 

16 agency established or designated by a State 

17 under section 2414(a) has, in accordance with 

18 section 2412(b)(1), submitted a selection pool 

19 to the Select Committee on Redistricting for the 

20 State established under section 2414(b). 

21 (2) PRESERVATION OF RECORDS.—The State 

22 shall ensure that the records of the independent re23 districting commission are retained in the appro24 priate State archive in such manner as may be nec25 essary to enable the State to respond to any civil acVerDate Sep 11 2014 18:47 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00297 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

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1 tion brought with respect to congressional redis2 tricting in the State. 

3 SEC. 2412. ESTABLISHMENT OF SELECTION POOL OF INDI4 VIDUALS ELIGIBLE TO SERVE AS MEMBERS 

5 OF COMMISSION. 

6 (a) CRITERIA FOR ELIGIBILITY.— 

7 (1) IN GENERAL.—An individual is eligible to 

8 serve as a member of an independent redistricting 

9 commission if the individual meets each of the fol10 lowing criteria: 

11 (A) As of the date of appointment, the in12 dividual is registered to vote in elections for 

13 Federal office held in the State. 

14 (B) During the 3-year period ending on 

15 the date of the individual’s appointment, the in16 dividual has been continuously registered to 

17 vote with the same political party, or has not 

18 been registered to vote with any political party. 

19 (C) The individual submits to the non20 partisan agency established or designated by a 

21 State under section 2413, at such time and in 

22 such form as the agency may require, an appli23 cation for inclusion in the selection pool under 

24 this section, and includes with the application a 

25 written statement, with an attestation under 


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1 penalty of perjury, containing the following in2 formation and assurances: 

3 (i) The full current name and any 

4 former names of, and the contact informa5 tion for, the individual, including an elec6 tronic mail address, the address of the in7 dividual’s residence, mailing address, and 

8 telephone numbers. 

9 (ii) The individual’s race, ethnicity, 

10 gender, age, date of birth, and household 

11 income for the most recent taxable year. 

12 (iii) The political party with which the 

13 individual is affiliated, if any. 

14 (iv) The reason or reasons the indi15 vidual desires to serve on the independent 

16 redistricting commission, the individual’s 

17 qualifications, and information relevant to 

18 the ability of the individual to be fair and 

19 impartial, including, but not limited to— 

20 (I) any involvement with, or fi21 nancial support of, professional, so22 cial, political, religious, or community 

23 organizations or causes; 

24 (II) the individual’s employment 

25 and educational history. 


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1 (v) An assurance that the individual 

2 shall commit to carrying out the individ3 ual’s duties under this subtitle in an hon4 est, independent, and impartial fashion, 

5 and to upholding public confidence in the 

6 integrity of the redistricting process. 

7 (vi) An assurance that, during the 

8 covered periods described in paragraph (3), 

9 the individual has not taken and will not 

10 take any action which would disqualify the 

11 individual from serving as a member of the 

12 commission under paragraph (2). 

13 (2) DISQUALIFICATIONS.—An individual is not 

14 eligible to serve as a member of the commission if 

15 any of the following applies during any of the cov16 ered periods described in paragraph (3): 

17 (A) The individual or (in the case of the 

18 covered periods described in subparagraphs (A) 

19 and (B) of paragraph (3)) an immediate family 

20 member of the individual holds public office or 

21 is a candidate for election for public office. 

22 (B) The individual or (in the case of the 

23 covered periods described in subparagraphs (A) 

24 and (B) of paragraph (3)) an immediate family 

25 member of the individual serves as an officer of 


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1 a political party or as an officer, employee, or 

2 paid consultant of a campaign committee of a 

3 candidate for public office or of any political ac4 tion committee (as determined in accordance 

5 with the law of the State). 

6 (C) The individual or (in the case of the 

7 covered periods described in subparagraphs (A) 

8 and (B) of paragraph (3)) an immediate family 

9 member of the individual holds a position as a 

10 registered lobbyist under the Lobbying Disclo11 sure Act of 1995 (2 U.S.C. 1601 et seq.) or an 

12 equivalent State or local law. 

13 (D) The individual or (in the case of the 

14 covered periods described in subparagraphs (A) 

15 and (B) of paragraph (3)) an immediate family 

16 member of the individual is an employee of an 

17 elected public official, a contractor with the gov18 ernment of the State, or a donor to the cam19 paign of any candidate for public office or to 

20 any political action committee (other than a 

21 donor who, during any of such covered periods, 

22 gives an aggregate amount of $1,000 or less to 

23 the campaigns of all candidates for all public 

24 offices and to all political action committees). 


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1 (E) The individual paid a civil money pen2 alty or criminal fine, or was sentenced to a 

3 term of imprisonment, for violating any provi4 sion of the Federal Election Campaign Act of 

5 1971 (52 U.S.C. 30101 et seq.). 

6 (F) The individual or (in the case of the 

7 covered periods described in subparagraphs (A) 

8 and (B) of paragraph (3)) an immediate family 

9 member of the individual is an agent of a for10 eign principal under the Foreign Agents Reg11 istration Act of 1938, as amended (22 U.S.C. 

12 611 et seq.). 

13 (3) COVERED PERIODS DESCRIBED.—In this 

14 subsection, the term ‘‘covered period’’ means, with 

15 respect to the appointment of an individual to the 

16 commission, any of the following: 

17 (A) The 10-year period ending on the date 

18 of the individual’s appointment. 

19 (B) The period beginning on the date of 

20 the individual’s appointment and ending on Au21 gust 14 of the next year ending in the numeral 

22 one. 

23 (C) The 10-year period beginning on the 

24 day after the last day of the period described in 

25 subparagraph (B). 


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1 (4) IMMEDIATE FAMILY MEMBER DEFINED.—In 

2 this subsection, the term ‘‘immediate family mem3 ber’’ means, with respect to an individual, a father, 

4 stepfather, mother, stepmother, son, stepson, daugh5 ter, stepdaughter, brother, stepbrother, sister, step6 sister, husband, wife, father-in-law, or mother-in7 law. 

8 (b) DEVELOPMENT AND SUBMISSION OF SELECTION

9 POOL.— 

10 (1) IN GENERAL.—Not later than June 15 of 

11 each year ending in the numeral zero, the non12 partisan agency established or designated by a State 

13 under section 2414(a) shall develop and submit to 

14 the Select Committee on Redistricting for the State 

15 established under section 2414(b) a selection pool of 

16 36 individuals who are eligible to serve as members 

17 of the independent redistricting commission of the 

18 State under this subtitle, consisting of individuals in 

19 the following categories: 

20 (A) A majority category, consisting of 12 

21 individuals who are affiliated with the political 

22 party whose candidate received the most votes 

23 in the most recent statewide election for Fed24 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) INTERVIEWS OF APPLICANTS.—To assist 

5 the nonpartisan agency in developing the selection 

6 pool under this subsection, the nonpartisan agency 

7 shall conduct interviews of applicants under oath. If 

8 an individual is included in a selection pool devel9 oped under this section, all of the interviews of the 

10 individual shall be transcribed and the transcriptions 

11 made available on the nonpartisan agency’s website 

12 contemporaneously with release of the report under 

13 paragraph (6). 

14 (4) DETERMINATION OF POLITICAL PARTY AF15 FILIATION OF INDIVIDUALS IN SELECTION POOL.— 

16 For purposes of this section, an individual shall be 

17 considered to be affiliated with a political party only 

18 if the nonpartisan agency is able to verify (to the 

19 greatest extent possible) the information the indi20 vidual provides in the application submitted under 

21 subsection (a)(1)(D), including by considering addi22 tional information provided by other persons with 

23 knowledge of the individual’s history of political ac24 tivity. 


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1 (5) ENCOURAGING RESIDENTS TO APPLY FOR

2 INCLUSION IN POOL.—The nonpartisan agency shall 

3 take such steps as may be necessary to ensure that 

4 residents of the State across various geographic re5 gions and demographic groups are aware of the op6 portunity to serve on the independent redistricting 

7 commission, including publicizing the role of the 

8 panel and using newspapers, broadcast media, and 

9 online sources, including ethnic media, to encourage 

10 individuals to apply for inclusion in the selection 

11 pool developed under this subsection. 

12 (6) REPORT ON ESTABLISHMENT OF SELEC13 TION POOL.—At the time the nonpartisan agency 

14 submits the selection pool to the Select Committee 

15 on Redistricting under paragraph (1), it shall pub16 lish and post on the agency’s public website a report 

17 describing the process by which the pool was devel18 oped, and shall include in the report a description of 

19 how the individuals in the pool meet the eligibility 

20 criteria of subsection (a) and of how the pool reflects 

21 the factors the agency is required to take into con22 sideration under paragraph (2). 

23 (7) PUBLIC COMMENT ON SELECTION POOL.— 

24 During the 14-day period which begins on the date 

25 the nonpartisan agency publishes the report under 


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1 paragraph (6), the agency shall accept comments 

2 from the public on the individuals included in the se3 lection pool. The agency shall post all such com4 ments contemporaneously on the nonpartisan agen5 cy’s website and shall transmit them to the Select 

6 Committee on Redistricting immediately upon the 

7 expiration of such period. 

8 (8) ACTION BY SELECT COMMITTEE.— 

9 (A) IN GENERAL.—Not earlier than 15 

10 days and not later than 21 days after receiving 

11 the selection pool from the nonpartisan agency 

12 under paragraph (1), the Select Committee on 

13 Redistricting shall— 

14 (i) approve the pool as submitted by 

15 the nonpartisan agency, in which case the 

16 pool shall be considered the approved selec17 tion pool for purposes of section 

18 2411(a)(1); or 

19 (ii) reject the pool, in which case the 

20 nonpartisan agency shall develop and sub21 mit a replacement selection pool in accord22 ance with subsection (c). 

23 (B) INACTION DEEMED REJECTION.—If 

24 the Select Committee on Redistricting fails to 

25 approve or reject the pool within the deadline 


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1 set forth in subparagraph (A), the Select Com2 mittee shall be deemed to have rejected the pool 

3 for purposes of such subparagraph. 

4 (c) DEVELOPMENT OF REPLACEMENT SELECTION

5 POOL.— 

6 (1) IN GENERAL.—If the Select Committee on 

7 Redistricting rejects the selection pool submitted by 

8 the nonpartisan agency under subsection (b), not 

9 later than 14 days after the rejection, the non10 partisan agency shall develop and submit to the Se11 lect Committee a replacement selection pool, under 

12 the same terms and conditions that applied to the 

13 development and submission of the selection pool 

14 under paragraphs (1) through (7) of subsection (b). 

15 The replacement pool submitted under this para16 graph may include individuals who were included in 

17 the rejected selection pool submitted under sub18 section (b), so long as at least one of the individuals 

19 in the replacement pool was not included in such re20 jected pool. 

21 (2) ACTION BY SELECT COMMITTEE.— 

22 (A) IN GENERAL.—Not later than 21 days 

23 after receiving the replacement selection pool 

24 from the nonpartisan agency under paragraph 


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1 (1), the Select Committee on Redistricting 

2 shall— 

3 (i) approve the pool as submitted by 

4 the nonpartisan agency, in which case the 

5 pool shall be considered the approved selec6 tion pool for purposes of section 

7 2411(a)(1); or 

8 (ii) reject the pool, in which case the 

9 nonpartisan agency shall develop and sub10 mit a second replacement selection pool in 

11 accordance with subsection (d). 

12 (B) INACTION DEEMED REJECTION.—If 

13 the Select Committee on Redistricting fails to 

14 approve or reject the pool within the deadline 

15 set forth in subparagraph (A), the Select Com16 mittee shall be deemed to have rejected the pool 

17 for purposes of such subparagraph. 

18 (d) DEVELOPMENT OF SECOND REPLACEMENT SE19 LECTION POOL.— 

20 (1) IN GENERAL.—If the Select Committee on 

21 Redistricting rejects the replacement selection pool 

22 submitted by the nonpartisan agency under sub23 section (c), not later than 14 days after the rejec24 tion, the nonpartisan agency shall develop and sub25 mit to the Select Committee a second replacement 


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1 selection pool, under the same terms and conditions 

2 that applied to the development and submission of 

3 the selection pool under paragraphs (1) through (7) 

4 of subsection (b). The second replacement selection 

5 pool submitted under this paragraph may include in6 dividuals who were included in the rejected selection 

7 pool submitted under subsection (b) or the rejected 

8 replacement selection pool submitted under sub9 section (c), so long as at least one of the individuals 

10 in the replacement pool was not included in either 

11 such rejected pool. 

12 (2) ACTION BY SELECT COMMITTEE.— 

13 (A) IN GENERAL.—Not earlier than 15 

14 days and not later than 14 days after receiving 

15 the second replacement selection pool from the 

16 nonpartisan agency under paragraph (1), the 

17 Select Committee on Redistricting shall— 

18 (i) approve the pool as submitted by 

19 the nonpartisan agency, in which case the 

20 pool shall be considered the approved selec21 tion pool for purposes of section 

22 2411(a)(1); or 

23 (ii) reject the pool. 

24 (B) INACTION DEEMED REJECTION.—If 

25 the Select Committee on Redistricting fails to 


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1 approve or reject the pool within the deadline 

2 set forth in subparagraph (A), the Select Com3 mittee shall be deemed to have rejected the pool 

4 for purposes of such subparagraph. 

5 (C) EFFECT OF REJECTION.—If the Select 

6 Committee on Redistricting rejects the second 

7 replacement pool from the nonpartisan agency 

8 under paragraph (1), the redistricting plan for 

9 the State shall be developed and enacted in ac10 cordance with part 3. 

11 SEC. 2413. CRITERIA FOR REDISTRICTING PLAN; PUBLIC 

12 NOTICE AND INPUT. 

13 (a) DEVELOPMENT OF REDISTRICTING PLAN.— 

14 (1) CRITERIA.—Under the redistricting plan of 

15 a State, there shall be established single-member 

16 congressional districts using the following criteria as 

17 set forth in the following order of priority: 

18 (A) Districts shall comply with the United 

19 States Constitution, including the requirement 

20 that they equalize total population. 

21 (B) Districts shall comply with the Voting 

22 Rights Act of 1965 (52 U.S.C. 10301 et seq.) 

23 and all applicable Federal laws. 

24 (C) Districts shall provide racial, ethnic, 

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1 tunity to participate in the political process and 

2 to elect candidates of choice and shall not dilute 

3 or diminish their ability to elect candidates of 

4 choice whether alone or in coalition with others. 

5 (D) Districts shall respect communities of 

6 interest, neighborhoods, and political subdivi7 sions to the extent practicable and after compli8 ance with the requirements of subparagraphs 

9 (A) through (C). A community of interest is de10 fined as an area with recognized similarities of 

11 interests, including but not limited to ethnic, 

12 racial, economic, tribal, social, cultural, geo13 graphic or historic identities. The term commu14 nities of interest may, in certain circumstances, 

15 include political subdivisions such as counties, 

16 municipalities, tribal lands and reservations, or 

17 school districts, but shall not include common 

18 relationships with political parties or political 

19 candidates. 

20 (2) NO FAVORING OR DISFAVORING OF POLIT21 ICAL PARTIES.— 

22 (A) PROHIBITION.—The redistricting plan 

23 developed by the independent redistricting com24 mission shall not, when considered on a stateVerDate Sep 11 2014 18:47 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00312 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

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1 wide basis, unduly favor or disfavor any polit2 ical party. 

3 (B) DETERMINATION OF FAVORING OR

4 DISFAVORING.—For purposes of subparagraph 

5 (A), the determination of whether a redis6 tricting plan has the effect of unduly favoring 

7 or disfavoring a political party shall be based on 

8 the totality of circumstances, including, but not 

9 limited to, whether the plan results in durable 

10 partisan bias as determined by scientifically ac11 cepted measures of partisan fairness, or wheth12 er there are alternative plans that would have 

13 complied with the requirements of law and re14 sulted in less durable levels of partisan bias. 

15 Notwithstanding the previous sentence, no re16 districting plan shall be found to be in violation 

17 of subparagraph (A) because of application of 

18 the criteria set forth in subparagraphs (A), (B), 

19 or (C) of paragraph (1). 

20 (3) FACTORS PROHIBITED FROM CONSIDER21 ATION.—In developing the redistricting plan for the 

22 State, the independent redistricting commission may 

23 not take into consideration any of the following fac24 tors, except to the extent necessary to comply with 

25 the criteria described in subparagraphs (A) through 


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1 (C) of paragraph (1), paragraph (2), and to enable 

2 the redistricting plan to be measured against the ex3 ternal metrics described in subsection (e): 

4 (A) The residence of any Member of the 

5 House of Representatives or candidate. 

6 (B) The political party affiliation or voting 

7 history of the population of a district. 

8 (b) PUBLIC NOTICE AND INPUT.— 

9 (1) USE OF OPEN AND TRANSPARENT PROC10 ESS.—The independent redistricting commission of a 

11 State shall hold each of its meetings in public, shall 

12 solicit and take into consideration comments from 

13 the public, including proposed maps, throughout the 

14 process of developing the redistricting plan for the 

15 State, and shall carry out its duties in an open and 

16 transparent manner which provides for the widest 

17 public dissemination reasonably possible of its pro18 posed and final redistricting plans. 

19 (2) WEBSITE.— 

20 (A) FEATURES.—The commission shall 

21 maintain a public internet site which is not af22 filiated with or maintained by the office of any 

23 elected official and which includes the following 

24 features: 


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1 (i) General information on the com2 mission, its role in the redistricting proc3 ess, and its members, including contact in4 formation. 

5 (ii) An updated schedule of commis6 sion hearings and activities, including 

7 deadlines for the submission of comments. 

8 (iii) All draft redistricting plans devel9 oped by the commission under subsection 

10 (c) and the final redistricting plan devel11 oped under subsection (d), including the 

12 accompanying written evaluation under 

13 subsection (e). 

14 (iv) All comments received from the 

15 public on the commission’s activities, in16 cluding any proposed maps submitted 

17 under paragraph (1). 

18 (v) Live streaming of commission 

19 hearings and an archive of previous meet20 ings, including any documents considered 

21 at any such meeting, which the commission 

22 shall post not later than 24 hours after the 

23 conclusion of the meeting. 

24 (vi) Access in an easily useable format 

25 to the demographic and other data used by 


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1 the commission to develop and analyze the 

2 proposed redistricting plans, together with 

3 access to any software used to draw maps 

4 of proposed districts and to any reports 

5 analyzing and evaluating any such maps. 

6 (vii) A method by which members of 

7 the public may submit comments and pro8 posed maps directly to the commission. 

9 (viii) All records of the commission, 

10 including all communications to or from 

11 members, employees, and contractors re12 garding the work of the commission. 

13 (ix) A list of all contractors receiving 

14 payment from the commission, together 

15 with the annual disclosures submitted by 

16 the contractors under section 2411(c)(3). 

17 (x) A list of the names of all individ18 uals who submitted applications to serve 

19 on the commission, together with the appli20 cations submitted by individuals included 

21 in any selection pool, except that the com22 mission may redact from such applications 

23 any financial or other personally sensitive 

24 information. 


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1 (B) SEARCHABLE FORMAT.—The commis2 sion shall ensure that all information posted 

3 and maintained on the site under this para4 graph, including information and proposed 

5 maps submitted by the public, shall be main6 tained in an easily searchable format. 

7 (C) DEADLINE.—The commission shall en8 sure that the public internet site under this 

9 paragraph is operational (in at least a prelimi10 nary format) not later than January 1 of the 

11 year ending in the numeral one. 

12 (3) PUBLIC COMMENT PERIOD.—The commis13 sion shall solicit, accept, and consider comments 

14 from the public with respect to its duties, activities, 

15 and procedures at any time during the period— 

16 (A) which begins on January 1 of the year 

17 ending in the numeral one; and 

18 (B) which ends 7 days before the date of 

19 the meeting at which the commission shall vote 

20 on approving the final redistricting plan for en21 actment into law under subsection (d)(2). 

22 (4) MEETINGS AND HEARINGS IN VARIOUS GEO23 GRAPHIC LOCATIONS.—To the greatest extent prac24 ticable, the commission shall hold its meetings and 


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1 hearings in various geographic regions and locations 

2 throughout the State. 

3 (5) MULTIPLE LANGUAGE REQUIREMENTS FOR

4 ALL NOTICES.—The commission shall make each no5 tice which is required to be posted and published 

6 under this section available in any language in which 

7 the State (or any jurisdiction in the State) is re8 quired to provide election materials under section 

9 203 of the Voting Rights Act of 1965. 

10 (c) DEVELOPMENT AND PUBLICATION OF PRELIMI11 NARY REDISTRICTING PLAN.— 

12 (1) IN GENERAL.—Prior to developing and pub13 lishing a final redistricting plan under subsection 

14 (d), the independent redistricting commission of a 

15 State shall develop and publish a preliminary redis16 tricting plan. 

17 (2) MINIMUM PUBLIC HEARINGS AND OPPOR18 TUNITY FOR COMMENT PRIOR TO DEVELOPMENT.— 

19 (A) 3 HEARINGS REQUIRED.—Prior to de20 veloping a preliminary redistricting plan under 

21 this subsection, the commission shall hold not 

22 fewer than 3 public hearings at which members 

23 of the public may provide input and comments 

24 regarding the potential contents of redistricting 

25 plans for the State and the process by which 


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1 the commission will develop the preliminary 

2 plan under this subsection. 

3 (B) MINIMUM PERIOD FOR NOTICE PRIOR

4 TO HEARINGS.—Not fewer than 14 days prior 

5 to the date of each hearing held under this 

6 paragraph, the commission shall post notices of 

7 the hearing in on the website maintained under 

8 subsection (b)(2), and shall provide for the pub9 lication of such notices in newspapers of general 

10 circulation throughout the State. Each such no11 tice shall specify the date, time, and location of 

12 the hearing. 

13 (C) SUBMISSION OF PLANS AND MAPS BY

14 MEMBERS OF THE PUBLIC.—Any member of 

15 the public may submit maps or portions of 

16 maps for consideration by the commission. As 

17 provided under subsection (b)(2)(A), any such 

18 map shall be made publicly available on the 

19 commission’s website and open to comment. 

20 (3) PUBLICATION OF PRELIMINARY PLAN.— 

21 (A) IN GENERAL.—The commission shall 

22 post the preliminary redistricting plan devel23 oped under this subsection, together with a re24 port that includes the commission’s responses 

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1 section (b)(3), on the website maintained under 

2 subsection (b)(2), and shall provide for the pub3 lication of each such plan in newspapers of gen4 eral circulation throughout the State. 

5 (B) MINIMUM PERIOD FOR NOTICE PRIOR

6 TO PUBLICATION.—Not fewer than 14 days 

7 prior to the date on which the commission posts 

8 and publishes the preliminary plan under this 

9 paragraph, the commission shall notify the pub10 lic through the website maintained under sub11 section (b)(2), as well as through publication of 

12 notice in newspapers of general circulation 

13 throughout the State, of the pending publica14 tion of the plan. 

15 (4) MINIMUM POST-PUBLICATION PERIOD FOR

16 PUBLIC COMMENT.—The commission shall accept 

17 and consider comments from the public (including 

18 through the website maintained under subsection 

19 (b)(2)) with respect to the preliminary redistricting 

20 plan published under paragraph (3), including pro21 posed revisions to maps, for not fewer than 30 days 

22 after the date on which the plan is published. 

23 (5) POST-PUBLICATION HEARINGS.— 

24 (A) 3 HEARINGS REQUIRED.—After post25 ing and publishing the preliminary redistricting 


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1 plan under paragraph (3), the commission shall 

2 hold not fewer than 3 public hearings in dif3 ferent geographic areas of the State at which 

4 members of the public may provide input and 

5 comments regarding the preliminary plan. 

6 (B) MINIMUM PERIOD FOR NOTICE PRIOR

7 TO HEARINGS.—Not fewer than 14 days prior 

8 to the date of each hearing held under this 

9 paragraph, the commission shall post notices of 

10 the hearing in on the website maintained under 

11 subsection (b)(2), and shall provide for the pub12 lication of such notices in newspapers of general 

13 circulation throughout the State. Each such no14 tice shall specify the date, time, and location of 

15 the hearing. 

16 (6) PERMITTING MULTIPLE PRELIMINARY

17 PLANS.—At the option of the commission, after de18 veloping and publishing the preliminary redistricting 

19 plan under this subsection, the commission may de20 velop and publish subsequent preliminary redis21 tricting plans, so long as the process for the develop22 ment and publication of each such subsequent plan 

23 meets the requirements set forth in this subsection 

24 for the development and publication of the first pre25 liminary redistricting plan. 


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1 (d) PROCESS FOR ENACTMENT OF FINAL REDIS2 TRICTING PLAN.— 

3 (1) IN GENERAL.—After taking into consider4 ation comments from the public on any preliminary 

5 redistricting plan developed and published under 

6 subsection (c), the independent redistricting commis7 sion of a State shall develop and publish a final re8 districting plan for the State. 

9 (2) MEETING; FINAL VOTE.—Not later than the 

10 deadline specified in subsection (f), the commission 

11 shall hold a public hearing at which the members of 

12 the commission shall vote on approving the final 

13 plan for enactment into law. 

14 (3) PUBLICATION OF PLAN AND ACCOMPANYING

15 MATERIALS.—Not fewer than 14 days before the 

16 date of the meeting under paragraph (2), the com17 mission shall provide the following information to 

18 the public through the website maintained under 

19 subsection (b)(2), as well as through newspapers of 

20 general circulation throughout the State: 

21 (A) The final redistricting plan, including 

22 all relevant maps. 

23 (B) A report by the commission to accom24 pany the plan which provides the background 

25 for the plan and the commission’s reasons for 


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1 selecting the plan as the final redistricting plan, 

2 including responses to the public comments re3 ceived on any preliminary redistricting plan de4 veloped and published under subsection (c). 

5 (C) Any dissenting or additional views with 

6 respect to the plan of individual members of the 

7 commission. 

8 (4) ENACTMENT.—The final redistricting plan 

9 developed and published under this subsection shall 

10 be deemed to be enacted into law upon the expira11 tion of the 45-day period which begins on the date 

12 on which— 

13 (A) such final plan is approved by a major14 ity of the whole membership of the commission; 

15 and 

16 (B) at least one member of the commission 

17 appointed from each of the categories of the ap18 proved selection pool described in section 

19 2412(b)(1) approves such final plan. 

20 (e) WRITTEN EVALUATION OF PLAN AGAINST EX21 TERNAL METRICS.—The independent redistricting com22 mission shall include with each redistricting plan devel23 oped and published under this section a written evaluation 

24 that measures each such plan against external metrics 

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1 section (a), including the impact of the plan on the ability 

2 of communities of color to elect candidates of choice, 

3 measures of partisan fairness using multiple accepted 

4 methodologies, and the degree to which the plan preserves 

5 or divides communities of interest. 

6 (f) TIMING.—The independent redistricting commis7 sion of a State may begin its work on the redistricting 

8 plan of the State upon receipt of relevant population infor9 mation from the Bureau of the Census, and shall approve 

10 a final redistricting plan for the State in each year ending 

11 in the numeral one not later than 8 months after the date 

12 on which the State receives the State apportionment notice 

13 or October 1, whichever occurs later. 

14 SEC. 2414. ESTABLISHMENT OF RELATED ENTITIES. 

15 (a) ESTABLISHMENT OR DESIGNATION OF NON16 PARTISAN AGENCY OF STATE LEGISLATURE.— 

17 (1) IN GENERAL.—Each State shall establish a 

18 nonpartisan agency in the legislative branch of the 

19 State government to appoint the members of the 

20 independent redistricting commission for the State 

21 in accordance with section 2411. 

22 (2) NONPARTISANSHIP DESCRIBED.—For pur23 poses of this subsection, an agency shall be consid24 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. 


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1 SEC. 2415. REPORT ON DIVERSITY OF MEMBERSHIPS OF 

2 INDEPENDENT REDISTRICTING COMMIS3 SIONS. 

4 Not later than May 15 of a year ending in the nu5 meral one, the Comptroller General of the United States 

6 shall submit to Congress a report on the extent to which 

7 the memberships of independent redistricting commissions 

8 for States established under this part with respect to the 

9 immediately preceding year ending in the numeral zero 

10 meet the diversity requirements as provided for in sections 

11 2411(a)(2)(B) and 2412(b)(2). 

12 PART 3—ROLE OF COURTS IN DEVELOPMENT OF 

13 REDISTRICTING PLANS 

14 SEC. 2421. ENACTMENT OF PLAN DEVELOPED BY 3-JUDGE 

15 COURT. 

16 (a) DEVELOPMENT OF PLAN.—If any of the trig17 gering events described in subsection (f) occur with re18 spect to a State— 

19 (1) not later than December 15 of the year in 

20 which the triggering event occurs, the United States 

21 district court for the applicable venue, acting 

22 through a 3-judge Court convened pursuant to sec23 tion 2284 of title 28, United States Code, shall de24 velop and publish the congressional redistricting 

25 plan for the State; and 


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1 (2) the final plan developed and published by 

2 the Court under this section shall be deemed to be 

3 enacted on the date on which the Court publishes 

4 the final plan, as described in subsection (d). 

5 (b) APPLICABLE VENUE DESCRIBED.—For purposes 

6 of this section, the ‘‘applicable venue’’ with respect to a 

7 State is the District of Columbia or the judicial district 

8 in which the capital of the State is located, as selected 

9 by the first party to file with the court sufficient evidence 

10 of the occurrence of a triggering event described in sub11 section (f). 

12 (c) PROCEDURES FOR DEVELOPMENT OF PLAN.— 

13 (1) CRITERIA.—In developing a redistricting 

14 plan for a State under this section, the Court shall 

15 adhere to the same terms and conditions that ap16 plied (or that would have applied, as the case may 

17 be) to the development of a plan by the independent 

18 redistricting commission of the State under section 

19 2413(a). 

20 (2) ACCESS TO INFORMATION AND RECORDS OF

21 COMMISSION.—The Court shall have access to any 

22 information, data, software, or other records and 

23 material that was used (or that would have been 

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1 tricting commission of the State in carrying out its 

2 duties under this subtitle. 

3 (3) HEARING; PUBLIC PARTICIPATION.—In de4 veloping a redistricting plan for a State, the Court 

5 shall— 

6 (A) hold one or more evidentiary hearings 

7 at which interested members of the public may 

8 appear and be heard and present testimony, in9 cluding expert testimony, in accordance with 

10 the rules of the Court; and 

11 (B) consider other submissions and com12 ments by the public, including proposals for re13 districting plans to cover the entire State or 

14 any portion of the State. 

15 (4) USE OF SPECIAL MASTER.—To assist in the 

16 development and publication of a redistricting plan 

17 for a State under this section, the Court may ap18 point a special master to make recommendations to 

19 the Court on possible plans for the State. 

20 (d) PUBLICATION OF PLAN.— 

21 (1) PUBLIC AVAILABILITY OF INITIAL PLAN.— 

22 Upon completing the development of one or more 

23 initial redistricting plans, the Court shall make the 

24 plans available to the public at no cost, and shall 

25 also make available the underlying data used by the 


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1 Court to develop the plans and a written evaluation 

2 of the plans against external metrics (as described in 

3 section 2413(e)). 

4 (2) PUBLICATION OF FINAL PLAN.—At any 

5 time after the expiration of the 14-day period which 

6 begins on the date the Court makes the plans avail7 able to the public under paragraph (1), and taking 

8 into consideration any submissions and comments by 

9 the public which are received during such period, the 

10 Court shall develop and publish the final redis11 tricting plan for the State. 

12 (e) USE OF INTERIM PLAN.—In the event that the 

13 Court is not able to develop and publish a final redis14 tricting plan for the State with sufficient time for an up15 coming election to proceed, the Court may develop and 

16 publish an interim redistricting plan which shall serve as 

17 the redistricting plan for the State until the Court devel18 ops and publishes a final plan in accordance with this sec19 tion. Nothing in this subsection may be construed to limit 

20 or otherwise affect the authority or discretion of the Court 

21 to develop and publish the final redistricting plan, includ22 ing but not limited to the discretion to make any changes 

23 the Court deems necessary to an interim redistricting 

24 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(f). 

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) ATTORNEY’S FEES.—In a civil action under this 

6 section, the court may allow the prevailing party (other 

7 than the United States) reasonable attorney fees, includ8 ing litigation expenses, and costs. 

9 (d) RELATION TO OTHER LAWS.— 

10 (1) RIGHTS AND REMEDIES ADDITIONAL TO

11 OTHER RIGHTS AND REMEDIES.—The rights and 

12 remedies established by this section are in addition 

13 to all other rights and remedies provided by law, and 

14 neither the rights and remedies established by this 

15 section nor any other provision of this subtitle shall 

16 supersede, restrict, or limit the application of the 

17 Voting Rights Act of 1965 (52 U.S.C. 10301 et 

18 seq.). 

19 (2) VOTING RIGHTS ACT OF 1965.—Nothing in 

20 this subtitle authorizes or requires conduct that is 

21 prohibited by the Voting Rights Act of 1965 (52 

22 U.S.C. 10301 et seq.). 

23 (e) LEGISLATIVE PRIVILEGE.—No person, legisla24 ture, or State may claim legislative privilege under either 

25 State or Federal law in a civil action brought under this 


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1 section or in any other legal challenge, under either State 

2 or Federal law, to a redistricting plan enacted under this 

3 subtitle. 

4 SEC. 2433. STATE APPORTIONMENT NOTICE DEFINED. 

5 In this subtitle, the ‘‘State apportionment notice’’ 

6 means, with respect to a State, the notice sent to the State 

7 from the Clerk of the House of Representatives under sec8 tion 22(b) of the Act entitled ‘‘An Act to provide for the 

9 fifteenth and subsequent decennial censuses and to pro10 vide for an apportionment of Representatives in Con11 gress’’, approved June 18, 1929 (2 U.S.C. 2a), of the 

12 number of Representatives to which the State is entitled. 

13 SEC. 2434. NO EFFECT ON ELECTIONS FOR STATE AND 

14 LOCAL OFFICE. 

15 Nothing in this subtitle or in any amendment made 

16 by this subtitle may be construed to affect the manner 

17 in which a State carries out elections for State or local 

18 office, including the process by which a State establishes 

19 the districts used in such elections. 

20 SEC. 2435. EFFECTIVE DATE. 

21 This subtitle and the amendments made by this sub22 title shall apply with respect to redistricting carried out 

23 pursuant to the decennial census conducted during 2030 

24 or any succeeding decennial census. 


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1 Subtitle F—Saving Eligible Voters 

2 From Voter Purging 

3 SEC. 2501. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Stop Automatically 

5 Voiding Eligible Voters Off Their Enlisted Rolls in States 

6 Act’’ or the ‘‘SAVE VOTERS Act’’. 

7 SEC. 2502. CONDITIONS FOR REMOVAL OF VOTERS FROM 

8 LIST OF REGISTERED VOTERS. 

9 (a) CONDITIONS DESCRIBED.—The National Voter 

10 Registration Act of 1993 (52 U.S.C. 20501 et seq.) is 

11 amended by inserting after section 8 the following new 

12 section: 

13 ‘‘SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM 

14 OFFICIAL LIST OF REGISTERED VOTERS. 

15 ‘‘(a) VERIFICATION ON BASIS OF OBJECTIVE AND

16 RELIABLE EVIDENCE OF INELIGIBILITY.— 

17 ‘‘(1) REQUIRING VERIFICATION.—Notwith18 standing any other provision of this Act, a State 

19 may not remove the name of any registrant from the 

20 official list of voters eligible to vote in elections for 

21 Federal office in the State unless the State verifies, 

22 on the basis of objective and reliable evidence, that 

23 the registrant is ineligible to vote in such elections. 

24 ‘‘(2) FACTORS NOT CONSIDERED AS OBJECTIVE

25 AND RELIABLE EVIDENCE OF INELIGIBILITY.—For 


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1 purposes of paragraph (1), the following factors, or 

2 any combination thereof, shall not be treated as ob3 jective and reliable evidence of a registrant’s ineligi4 bility to vote: 

5 ‘‘(A) The failure of the registrant to vote 

6 in any election. 

7 ‘‘(B) The failure of the registrant to re8 spond to any notice sent under section 8(d), un9 less the notice has been returned as undeliver10 able. 

11 ‘‘(C) The failure of the registrant to take 

12 any other action with respect to voting in any 

13 election or with respect to the registrant’s sta14 tus as a registrant. 

15 ‘‘(b) NOTICE AFTER REMOVAL.— 

16 ‘‘(1) NOTICE TO INDIVIDUAL REMOVED.— 

17 ‘‘(A) IN GENERAL.—Not later than 48 

18 hours after a State removes the name of a reg19 istrant from the official list of eligible voters for 

20 any reason (other than the death of the reg21 istrant), the State shall send notice of the re22 moval to the former registrant, and shall in23 clude in the notice the grounds for the removal 

24 and information on how the former registrant 

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1 cluding a telephone number for the appropriate 

2 election official. 

3 ‘‘(B) EXCEPTIONS.—Subparagraph (A) 

4 does not apply in the case of a registrant— 

5 ‘‘(i) who sends written confirmation to 

6 the State that the registrant is no longer 

7 eligible to vote in the registrar’s jurisdic8 tion in which the registrant was registered; 

9 or 

10 ‘‘(ii) who is removed from the official 

11 list of eligible voters by reason of the death 

12 of the registrant. 

13 ‘‘(2) PUBLIC NOTICE.—Not later than 48 hours 

14 after conducting any general program to remove the 

15 names of ineligible voters from the official list of eli16 gible voters (as described in section 8(a)(4)), the 

17 State shall disseminate a public notice through such 

18 methods as may be reasonable to reach the general 

19 public (including by publishing the notice in a news20 paper of wide circulation or posting the notice on the 

21 websites of the appropriate election officials) that 

22 list maintenance is taking place and that registrants 

23 should check their registration status to ensure no 

24 errors or mistakes have been made. The State shall 

25 ensure that the public notice disseminated under this 


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1 paragraph is in a format that is reasonably conven2 ient and accessible to voters with disabilities, includ3 ing voters who have low vision or are blind.’’. 

4 (b) CONDITIONS FOR TRANSMISSION OF NOTICES OF

5 REMOVAL.—Section 8(d) of such Act (52 U.S.C. 

6 20507(d)) is amended by adding at the end the following 

7 new paragraph: 

8 ‘‘(4) A State may not transmit a notice to a 

9 registrant under this subsection unless the State ob10 tains objective and reliable evidence (in accordance 

11 with the standards for such evidence which are de12 scribed in section 8A(a)(2)) that the registrant has 

13 changed residence to a place outside the registrar’s 

14 jurisdiction in which the registrant is registered.’’. 

15 (c) CONFORMING AMENDMENTS.— 

16 (1) NATIONAL VOTER REGISTRATION ACT OF

17 1993.—Section 8(a) of such Act (52 U.S.C. 

18 20507(a)) is amended— 

19 (A) in paragraph (3), by striking ‘‘pro20 vide’’ and inserting ‘‘subject to section 8A, pro21 vide’’; and 

22 (B) in paragraph (4), by striking ‘‘con23 duct’’ and inserting ‘‘subject to section 8A, con24 duct’’. 


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1 (2) HELP AMERICA VOTE ACT OF 2002.—Section 

2 303(a)(4)(A) of the Help America Vote Act of 2002 

3 (52 U.S.C. 21083(a)(4)(A)) is amended by striking 

4 ‘‘, registrants’’ and inserting ‘‘, and subject to sec5 tion 8A of such Act, registrants’’. 

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

7 this section shall take effect on the date of the enactment 

8 of this Act. 

9 Subtitle G—No Effect on Authority 

10 of States To Provide Greater 

11 Opportunities for Voting 

12 SEC. 2601. NO EFFECT ON AUTHORITY OF STATES TO PRO13 VIDE GREATER OPPORTUNITIES FOR VOT14 ING. 

15 Nothing in this title or the amendments made by this 

16 title may be construed to prohibit any State from enacting 

17 any law which provides greater opportunities for individ18 uals to register to vote and to vote in elections for Federal 

19 office than are provided by this title and the amendments 

20 made by this title. 

21 Subtitle H—Residence of 

22 Incarcerated Individuals 

23 SEC. 2701. RESIDENCE OF INCARCERATED INDIVIDUALS. 

24 Section 141 of title 13, United States Code, is 

25 amended 


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1 (1) by redesignating subsection (g) as sub2 section (h); and 

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

5 ‘‘(g)(1) Effective beginning with the 2020 decennial 

6 census of population, in taking any tabulation of total pop7 ulation by States under subsection (a) for purposes of the 

8 apportionment of Representatives in Congress among the 

9 several States, the Secretary shall, with respect to an indi10 vidual incarcerated in a State, Federal, county, or munic11 ipal correctional center as of the date on which such cen12 sus is taken, attribute such individual to such individual’s 

13 last place of residence before incarceration. 

14 ‘‘(2) In carrying out this subsection, the Secretary 

15 shall consult with each State department of corrections to 

16 collect the information necessary to make the determina17 tion required under paragraph (1).’’. 

18 Subtitle I—Severability 

19 SEC. 2801. SEVERABILITY. 

20 If any provision of this title or amendment made by 

21 this title, or the application of a provision or amendment 

22 to any person or circumstance, is held to be unconstitu23 tional, the remainder of this title and amendments made 

24 by this title, and the application of the provisions and 


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1 amendment to any person or circumstance, shall not be 

2 affected by the holding. 

3 TITLE III—ELECTION SECURITY 

Sec. 3000. Short title; sense of Congress. 

Subtitle A—Financial Support for Election Infrastructure 

PART 1—VOTING SYSTEM SECURITY IMPROVEMENT GRANTS

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

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

under Help America Vote Act of 2002. 

Sec. 3003. Incorporation of definitions. 

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

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

elections. 

Sec. 3012. GAO analysis of effects of audits. 

PART 3—ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM

Sec. 3021. Election infrastructure innovation grant program. 

Subtitle B—Security Measures 

Sec. 3101. Election infrastructure designation. 

Sec. 3102. Timely threat information. 

Sec. 3103. Security clearance assistance for election officials. 

Sec. 3104. Security risk and vulnerability assessments. 

Sec. 3105. Annual reports. 

Sec. 3106. Pre-election threat assessments. 

Subtitle C—Enhancing Protections for United States Democratic Institutions 

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

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

Subtitle D—Promoting Cybersecurity Through Improvements in Election 

Administration 

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

cybersecurity guidelines and other guidelines. 

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

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

Sec. 3304. Streamlining collection of election information. 

Subtitle E—Preventing Election Hacking 

Sec. 3401. Short title. 

Sec. 3402. Election Security Bug Bounty Program. 


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Subtitle F—Election Security Grants Advisory Committee 

Sec. 3501. Establishment of advisory committee. 

Subtitle G—Miscellaneous Provisions 

Sec. 3601. Definitions. 

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

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

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

Subtitle I—Severability 

Sec. 3801. Severability. 

1 SEC. 3000. SHORT TITLE; SENSE OF CONGRESS. 

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

3 ‘‘Election Security Act’’. 

4 (b) SENSE OF CONGRESS ON NEED TO IMPROVE

5 ELECTION INFRASTRUCTURE SECURITY.—It is the sense 

6 of Congress that, in light of the lessons learned from Rus7 sian interference in the 2016 Presidential election, the 

8 Federal Government should intensify its efforts to improve 

9 the security of election infrastructure in the United States, 

10 including through the use of individual, durable, paper 

11 ballots marked by the voter by hand. 


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1 Subtitle A—Financial Support for 

2 Election Infrastructure 

3 PART 1—VOTING SYSTEM SECURITY 

4 IMPROVEMENT GRANTS 

5 SEC. 3001. GRANTS FOR OBTAINING COMPLIANT PAPER 

6 BALLOT VOTING SYSTEMS AND CARRYING 

7 OUT VOTING SYSTEM SECURITY IMPROVE8 MENTS. 

9 (a) AVAILABILITY OF GRANTS.—Subtitle D of title 

10 II of the Help America Vote Act of 2002 (52 U.S.C. 

11 21001 et seq.), as amended by section 1622(b), is amend12 ed by adding at the end the following new part: 

13 ‘‘PART 8—GRANTS FOR OBTAINING COMPLIANT 

14 PAPER BALLOT VOTING SYSTEMS AND CAR15 RYING OUT VOTING SYSTEM SECURITY IM16 PROVEMENTS 

17 ‘‘SEC. 298. GRANTS FOR OBTAINING COMPLIANT PAPER 

18 BALLOT VOTING SYSTEMS AND CARRYING 

19 OUT VOTING SYSTEM SECURITY IMPROVE20 MENTS. 

21 ‘‘(a) AVAILABILITY AND USE OF GRANT.—The Com22 mission shall make a grant to each eligible State— 

23 ‘‘(1) to replace a voting system— 

24 ‘‘(A) which does not meet the requirements 

25 which are first imposed on the State pursuant 


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1 to the amendments made by the Voter Con2 fidence and Increased Accessibility Act of 2021 

3 with a voting system which does meet such re4 quirements, for use in the regularly scheduled 

5 general elections for Federal office held in No6 vember 2022, or 

7 ‘‘(B) which does meet such requirements 

8 but which is not in compliance with the most 

9 recent voluntary voting system guidelines issued 

10 by the Commission prior to the regularly sched11 uled general election for Federal office held in 

12 November 2022 with another system which does 

13 meet such requirements and is in compliance 

14 with such guidelines; 

15 ‘‘(2) to carry out voting system security im16 provements described in section 298A with respect 

17 to the regularly scheduled general elections for Fed18 eral office held in November 2022 and each suc19 ceeding election for Federal office; and 

20 ‘‘(3) to implement and model best practices for 

21 ballot design, ballot instructions, and the testing of 

22 ballots. 

23 ‘‘(b) AMOUNT OF GRANT.—The amount of a grant 

24 made to a State under this section shall be such amount 

25 as the Commission determines to be appropriate, except 


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1 that such amount may not be less than the product of 

2 $1 and the average of the number of individuals who cast 

3 votes in any of the two most recent regularly scheduled 

4 general elections for Federal office held in the State. 

5 ‘‘(c) PRO RATA REDUCTIONS.—If the amount of 

6 funds appropriated for grants under this part is insuffi7 cient to ensure that each State receives the amount of the 

8 grant calculated under subsection (b), the Commission 

9 shall make such pro rata reductions in such amounts as 

10 may be necessary to ensure that the entire amount appro11 priated under this part is distributed to the States. 

12 ‘‘(d) SURPLUS APPROPRIATIONS.—If the amount of 

13 funds appropriated for grants authorized under section 

14 298D(a)(2) exceed the amount necessary to meet the re15 quirements of subsection (b), the Commission shall con16 sider the following in making a determination to award 

17 remaining funds to a State: 

18 ‘‘(1) The record of the State in carrying out the 

19 following with respect to the administration of elec20 tions for Federal office: 

21 ‘‘(A) Providing voting machines that are 

22 less than 10 years old. 

23 ‘‘(B) Implementing strong chain of custody 

24 procedures for the physical security of voting 


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1 equipment and paper records at all stages of 

2 the process. 

3 ‘‘(C) Conducting pre-election testing on 

4 every voting machine and ensuring that paper 

5 ballots are available wherever electronic ma6 chines are used. 

7 ‘‘(D) Maintaining offline backups of voter 

8 registration lists. 

9 ‘‘(E) Providing a secure voter registration 

10 database that logs requests submitted to the 

11 database. 

12 ‘‘(F) Publishing and enforcing a policy de13 tailing use limitations and security safeguards 

14 to protect the personal information of voters in 

15 the voter registration process. 

16 ‘‘(G) Providing secure processes and proce17 dures for reporting vote tallies. 

18 ‘‘(H) Providing a secure platform for dis19 seminating vote totals. 

20 ‘‘(2) Evidence of established conditions of inno21 vation and reform in providing voting system secu22 rity and the proposed plan of the State for imple23 menting additional conditions. 

24 ‘‘(3) Evidence of collaboration between relevant 

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1 veloping the grant implementation plan described in 

2 section 298B. 

3 ‘‘(4) The plan of the State to conduct a rig4 orous evaluation of the effectiveness of the activities 

5 carried out with the grant. 

6 ‘‘(e) ABILITY OF REPLACEMENT SYSTEMS TO AD7 MINISTER RANKED CHOICE ELECTIONS.—To the greatest 

8 extent practicable, an eligible State which receives a grant 

9 to replace a voting system under this section shall ensure 

10 that the replacement system is capable of administering 

11 a system of ranked choice voting under which each voter 

12 shall rank the candidates for the office in the order of 

13 the voter’s preference. 

14 ‘‘SEC. 298A. VOTING SYSTEM SECURITY IMPROVEMENTS 

15 DESCRIBED. 

16 ‘‘(a) PERMITTED USES.—A voting system security 

17 improvement described in this section is any of the fol18 lowing: 

19 ‘‘(1) The acquisition of goods and services from 

20 qualified election infrastructure vendors by purchase, 

21 lease, or such other arrangements as may be appro22 priate. 

23 ‘‘(2) Cyber and risk mitigation training. 

24 ‘‘(3) A security risk and vulnerability assess25 ment of the State’s election infrastructure which is 


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1 carried out by a provider of cybersecurity services 

2 under a contract entered into between the chief 

3 State election official and the provider. 

4 ‘‘(4) The maintenance of election infrastruc5 ture, including addressing risks and vulnerabilities 

6 which are identified under either of the security risk 

7 and vulnerability assessments described in para8 graph (3), except that none of the funds provided 

9 under this part may be used to renovate or replace 

10 a building or facility which is used primarily for pur11 poses other than the administration of elections for 

12 public office. 

13 ‘‘(5) Providing increased technical support for 

14 any information technology infrastructure that the 

15 chief State election official deems to be part of the 

16 State’s election infrastructure or designates as crit17 ical to the operation of the State’s election infra18 structure. 

19 ‘‘(6) Enhancing the cybersecurity and oper20 ations of the information technology infrastructure 

21 described in paragraph (4). 

22 ‘‘(7) Enhancing the cybersecurity of voter reg23 istration systems. 

24 ‘‘(b) QUALIFIED ELECTION INFRASTRUCTURE VEN25 DORS DESCRIBED.— 


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1 ‘‘(1) IN GENERAL.—For purposes of this part, 

2 a ‘qualified election infrastructure vendor’ is any 

3 person who provides, supports, or maintains, or who 

4 seeks to provide, support, or maintain, election in5 frastructure on behalf of a State, unit of local gov6 ernment, or election agency (as defined in section 

7 3601 of the Election Security Act) who meets the 

8 criteria described in paragraph (2). 

9 ‘‘(2) CRITERIA.—The criteria described in this 

10 paragraph are such criteria as the Chairman, in co11 ordination with the Secretary of Homeland Security, 

12 shall establish and publish, and shall include each of 

13 the following requirements: 

14 ‘‘(A) The vendor must be owned and con15 trolled by a citizen or permanent resident of the 

16 United States. 

17 ‘‘(B) The vendor must disclose to the 

18 Chairman and the Secretary, and to the chief 

19 State election official of any State to which the 

20 vendor provides any goods and services with 

21 funds provided under this part, of any sourcing 

22 outside the United States for parts of the elec23 tion infrastructure. 

24 ‘‘(C) The vendor must disclose to the 

25 Chairman and the Secretary, and to the chief 


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1 State election official of any State to which the 

2 vendor provides any goods and services with 

3 funds provided under this part, the identifica4 tion of any entity or individual with a more 

5 than five percent ownership interest in the ven6 dor. 

7 ‘‘(D) The vendor agrees to ensure that the 

8 election infrastructure will be developed and 

9 maintained in a manner that is consistent with 

10 the cybersecurity best practices issued by the 

11 Technical Guidelines Development Committee. 

12 ‘‘(E) The vendor agrees to maintain its in13 formation technology infrastructure in a man14 ner that is consistent with the cybersecurity 

15 best practices issued by the Technical Guide16 lines Development Committee. 

17 ‘‘(F) The vendor agrees to ensure that the 

18 election infrastructure will be developed and 

19 maintained in a manner that is consistent with 

20 the supply chain best practices issued by the 

21 Technical Guidelines Development Committee. 

22 ‘‘(G) The vendor agrees to ensure that it 

23 has personnel policies and practices in place 

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1 ground checks, issued by the Technical Guide2 lines Development Committee. 

3 ‘‘(H) The vendor agrees to ensure that the 

4 election infrastructure will be developed and 

5 maintained in a manner that is consistent with 

6 data integrity best practices, including require7 ments for encrypted transfers and validation, 

8 testing and checking printed materials for accu9 racy, and disclosure of quality control incidents, 

10 issued by the Technical Guidelines Development 

11 Committee 

12 ‘‘(I) The vendor agrees to meet the re13 quirements of paragraph (3) with respect to 

14 any known or suspected cybersecurity incidents 

15 involving any of the goods and services provided 

16 by the vendor pursuant to a grant under this 

17 part. 

18 ‘‘(J) The vendor agrees to permit inde19 pendent security testing by the Commission (in 

20 accordance with section 231(a)) and by the Sec21 retary of the goods and services provided by the 

22 vendor pursuant to a grant under this part. 

23 ‘‘(3) CYBERSECURITY INCIDENT REPORTING

24 REQUIREMENTS.— 


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1 ‘‘(A) IN GENERAL.—A vendor meets the 

2 requirements of this paragraph if, upon becom3 ing aware of the possibility that an election cy4 bersecurity incident has occurred involving any 

5 of the goods and services provided by the ven6 dor pursuant to a grant under this part— 

7 ‘‘(i) the vendor promptly assesses 

8 whether or not such an incident occurred, 

9 and submits a notification meeting the re10 quirements of subparagraph (B) to the 

11 Secretary and the Chairman of the assess12 ment as soon as practicable (but in no case 

13 later than 3 days after the vendor first be14 comes aware of the possibility that the in15 cident occurred); 

16 ‘‘(ii) if the incident involves goods or 

17 services provided to an election agency, the 

18 vendor submits a notification meeting the 

19 requirements of subparagraph (B) to the 

20 agency as soon as practicable (but in no 

21 case later than 3 days after the vendor 

22 first becomes aware of the possibility that 

23 the incident occurred), and cooperates with 

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1 essary notifications relating to the inci2 dent; and 

3 ‘‘(iii) the vendor provides all necessary 

4 updates to any notification submitted 

5 under clause (i) or clause (ii). 

6 ‘‘(B) CONTENTS OF NOTIFICATIONS.— 

7 Each notification submitted under clause (i) or 

8 clause (ii) of subparagraph (A) shall contain 

9 the following information with respect to any 

10 election cybersecurity incident covered by the 

11 notification: 

12 ‘‘(i) The date, time, and time zone 

13 when the election cybersecurity incident 

14 began, if known. 

15 ‘‘(ii) The date, time, and time zone 

16 when the election cybersecurity incident 

17 was detected. 

18 ‘‘(iii) The date, time, and duration of 

19 the election cybersecurity incident. 

20 ‘‘(iv) The circumstances of the elec21 tion cybersecurity incident, including the 

22 specific election infrastructure systems be23 lieved to have been accessed and informa24 tion acquired, if any. 


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1 ‘‘(v) Any planned and implemented 

2 technical measures to respond to and re3 cover from the incident. 

4 ‘‘(vi) In the case of any notification 

5 which is an update to a prior notification, 

6 any additional material information relat7 ing to the incident, including technical 

8 data, as it becomes available. 

9 ‘‘SEC. 298B. ELIGIBILITY OF STATES. 

10 ‘‘A State is eligible to receive a grant under this part 

11 if the State submits to the Commission, at such time and 

12 in such form as the Commission may require, an applica13 tion containing— 

14 ‘‘(1) a description of how the State will use the 

15 grant to carry out the activities authorized under 

16 this part; 

17 ‘‘(2) a certification and assurance that, not 

18 later than 5 years after receiving the grant, the 

19 State will carry out risk-limiting audits and will 

20 carry out voting system security improvements, as 

21 described in section 298A; and 

22 ‘‘(3) such other information and assurances as 

23 the Commission may require. 


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1 ‘‘SEC. 298C. REPORTS TO CONGRESS. 

2 ‘‘Not later than 90 days after the end of each fiscal 

3 year, the Commission shall submit a report to the appro4 priate congressional committees, including the Committees 

5 on Homeland Security, House Administration, and the Ju6 diciary of the House of Representatives and the Commit7 tees on Homeland Security and Governmental Affairs, the 

8 Judiciary, and Rules and Administration of the Senate, 

9 on the activities carried out with the funds provided under 

10 this part. 

11 ‘‘SEC. 298D. AUTHORIZATION OF APPROPRIATIONS. 

12 ‘‘(a) AUTHORIZATION.—There are authorized to be 

13 appropriated for grants under this part— 

14 ‘‘(1) $1,000,000,000 for fiscal year 2021; and 

15 ‘‘(2) $175,000,000 for each of the fiscal years 

16 2022, 2024, 2026, and 2028. 

17 ‘‘(b) CONTINUING AVAILABILITY OF AMOUNTS.—Any 

18 amounts appropriated pursuant to the authorization of 

19 this section shall remain available until expended.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents 

21 of such Act, as amended by section 1622(c), is amended 

22 by adding at the end of the items relating to subtitle D 

23 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. 


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‘‘Sec. 298A. Voting system security improvements described. 

‘‘Sec. 298B. Eligibility of States. 

‘‘Sec. 298C. Reports to Congress. 

‘‘Sec. 298D. Authorization of appropriations. 

1 SEC. 3002. COORDINATION OF VOTING SYSTEM SECURITY 

2 ACTIVITIES WITH USE OF REQUIREMENTS 

3 PAYMENTS AND ELECTION ADMINISTRATION 

4 REQUIREMENTS UNDER HELP AMERICA 

5 VOTE ACT OF 2002. 

6 (a) DUTIES OF ELECTION ASSISTANCE COMMIS7 SION.—Section 202 of the Help America Vote Act of 2002 

8 (52 U.S.C. 20922) is amended in the matter preceding 

9 paragraph (1) by striking ‘‘by’’ and inserting ‘‘and the se10 curity of election infrastructure by’’. 

11 (b) MEMBERSHIP OF SECRETARY OF HOMELAND SE12 CURITY ON BOARD OF ADVISORS OF ELECTION ASSIST13 ANCE COMMISSION.—Section 214(a) of such Act (52 

14 U.S.C. 20944(a)) is amended— 

15 (1) by striking ‘‘37 members’’ and inserting 

16 ‘‘38 members’’; and 

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

18 paragraph: 

19 ‘‘(17) The Secretary of Homeland Security or 

20 the Secretary’s designee.’’. 

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1 MENT COMMITTEE.—Section 221(c)(1) of such Act (52 

2 U.S.C. 20961(c)(1)) is amended— 

3 (1) by redesignating subparagraph (E) as sub4 paragraph (F); and 

5 (2) by inserting after subparagraph (D) the fol6 lowing new subparagraph: 

7 ‘‘(E) A representative of the Department 

8 of Homeland Security.’’. 

9 (d) GOALS OF PERIODIC STUDIES OF ELECTION AD10 MINISTRATION ISSUES; CONSULTATION WITH SECRETARY

11 OF HOMELAND SECURITY.—Section 241(a) of such Act 

12 (52 U.S.C. 20981(a)) is amended— 

13 (1) in the matter preceding paragraph (1), by 

14 striking ‘‘the Commission shall’’ and inserting ‘‘the 

15 Commission, in consultation with the Secretary of 

16 Homeland Security (as appropriate), shall’’; 

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

18 (3); 

19 (3) by redesignating paragraph (4) as para20 graph (5); and 

21 (4) by inserting after paragraph (3) the fol22 lowing new paragraph: 

23 ‘‘(4) will be secure against attempts to under24 mine the integrity of election systems by cyber or 

25 other means; and’’. 


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1 (e) REQUIREMENTS PAYMENTS.— 

2 (1) USE OF PAYMENTS FOR VOTING SYSTEM

3 SECURITY IMPROVEMENTS.—Section 251(b) of such 

4 Act (52 U.S.C. 21001(b)), as amended by section 

5 1061(a)(2), is further amended by adding at the end 

6 the following new paragraph: 

7 ‘‘(5) PERMITTING USE OF PAYMENTS FOR VOT8 ING SYSTEM SECURITY IMPROVEMENTS.—A State 

9 may use a requirements payment to carry out any 

10 of the following activities: 

11 ‘‘(A) Cyber and risk mitigation training. 

12 ‘‘(B) Providing increased technical support 

13 for any information technology infrastructure 

14 that the chief State election official deems to be 

15 part of the State’s election infrastructure or 

16 designates as critical to the operation of the 

17 State’s election infrastructure. 

18 ‘‘(C) Enhancing the cybersecurity and op19 erations of the information technology infra20 structure described in subparagraph (B). 

21 ‘‘(D) Enhancing the security of voter reg22 istration databases.’’. 

23 (2) INCORPORATION OF ELECTION INFRA24 STRUCTURE PROTECTION IN STATE PLANS FOR USE

25 OF PAYMENTS.—Section 254(a)(1) of such Act (52 


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1 U.S.C. 21004(a)(1)) is amended by striking the pe2 riod at the end and inserting ‘‘, including the protec3 tion of election infrastructure.’’. 

4 (3) COMPOSITION OF COMMITTEE RESPONSIBLE

5 FOR DEVELOPING STATE PLAN FOR USE OF PAY6 MENTS.—Section 255 of such Act (52 U.S.C. 

7 21005) is amended— 

8 (A) by redesignating subsection (b) as sub9 section (c); and 

10 (B) by inserting after subsection (a) the 

11 following new subsection: 

12 ‘‘(b) GEOGRAPHIC REPRESENTATION.—The mem13 bers of the committee shall be a representative group of 

14 individuals from the State’s counties, cities, towns, and 

15 Indian tribes, and shall represent the needs of rural as 

16 well as urban areas of the State, as the case may be.’’. 

17 (f) ENSURING PROTECTION OF COMPUTERIZED

18 STATEWIDE VOTER REGISTRATION LIST.—Section 

19 303(a)(3) of such Act (52 U.S.C. 21083(a)(3)) is amend20 ed by striking the period at the end and inserting ‘‘, as 

21 well as other measures to prevent and deter cybersecurity 

22 incidents, as identified by the Commission, the Secretary 

23 of Homeland Security, and the Technical Guidelines De24 velopment Committee.’’. 


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1 SEC. 3003. INCORPORATION OF DEFINITIONS. 

2 (a) IN GENERAL.—Section 901 of the Help America 

3 Vote Act of 2002 (52 U.S.C. 21141), as amended by sec4 tion 1921(b)(1), is amended to read as follows: 

5 ‘‘SEC. 901. DEFINITIONS. 

6 ‘‘In this Act, the following definitions apply: 

7 ‘‘(1) The term ‘cybersecurity incident’ has the 

8 meaning given the term ‘incident’ in section 227 of 

9 the Homeland Security Act of 2002 (6 U.S.C. 148). 

10 ‘‘(2) The term ‘election infrastructure’ has the 

11 meaning given such term in section 3601 of the 

12 Election Security Act. 

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

14 States, the District of Columbia, the Commonwealth 

15 of Puerto Rico, Guam, American Samoa, the United 

16 States Virgin Islands, and the Commonwealth of the 

17 Northern Mariana Islands.’’. 

18 (b) CLERICAL AMENDMENT.—The table of contents 

19 of such Act is amended by amending the item relating to 

20 section 901 to read as follows: 

‘‘Sec. 901. Definitions.’’. 


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1 PART 2—GRANTS FOR RISK-LIMITING AUDITS OF 

2 RESULTS OF ELECTIONS 

3 SEC. 3011. GRANTS TO STATES FOR CONDUCTING RISK-LIM4 ITING AUDITS OF RESULTS OF ELECTIONS. 

5 (a) AVAILABILITY OF GRANTS.—Subtitle D of title 

6 II of the Help America Vote Act of 2002 (52 U.S.C. 

7 21001 et seq.), as amended by sections 1622(b) and 

8 3001(a), is amended by adding at the end the following 

9 new part: 

10 ‘‘PART 9—GRANTS FOR CONDUCTING RISK11 LIMITING AUDITS OF RESULTS OF ELECTIONS 

12 ‘‘SEC. 299. GRANTS FOR CONDUCTING RISK-LIMITING AU13 DITS OF RESULTS OF ELECTIONS. 

14 ‘‘(a) AVAILABILITY OF GRANTS.—The Commission 

15 shall make a grant to each eligible State to conduct risk16 limiting audits as described in subsection (b) with respect 

17 to the regularly scheduled general elections for Federal of18 fice held in November 2022 and each succeeding election 

19 for Federal office. 

20 ‘‘(b) RISK-LIMITING AUDITS DESCRIBED.—In this 

21 part, a ‘risk-limiting audit’ is a post-election process— 

22 ‘‘(1) which is conducted in accordance with 

23 rules and procedures established by the chief State 

24 election official of the State which meet the require25 ments of subsection (c); and 


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1 ‘‘(2) under which, if the reported outcome of 

2 the election is incorrect, there is at least a predeter3 mined percentage chance that the audit will replace 

4 the incorrect outcome with the correct outcome as 

5 determined by a full, hand-to-eye tabulation of all 

6 votes validly cast in that election that ascertains 

7 voter intent manually and directly from voter8 verifiable paper records. 

9 ‘‘(c) REQUIREMENTS FOR RULES AND PROCE10 DURES.—The rules and procedures established for con11 ducting a risk-limiting audit shall include the following 

12 elements: 

13 ‘‘(1) Rules for ensuring the security of ballots 

14 and documenting that prescribed procedures were 

15 followed. 

16 ‘‘(2) Rules and procedures for ensuring the ac17 curacy of ballot manifests produced by election agen18 cies. 

19 ‘‘(3) Rules and procedures for governing the 

20 format of ballot manifests, cast vote records, and 

21 other data involved in the audit. 

22 ‘‘(4) Methods to ensure that any cast vote 

23 records used in the audit are those used by the vot24 ing system to tally the election results sent to the 

25 chief State election official and made public. 


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1 ‘‘(5) Procedures for the random selection of 

2 ballots to be inspected manually during each audit. 

3 ‘‘(6) Rules for the calculations and other meth4 ods to be used in the audit and to determine wheth5 er and when the audit of an election is complete. 

6 ‘‘(7) Procedures and requirements for testing 

7 any software used to conduct risk-limiting audits. 

8 ‘‘(d) DEFINITIONS.—In this part, the following defi9 nitions apply: 

10 ‘‘(1) The term ‘ballot manifest’ means a record 

11 maintained by each election agency that meets each 

12 of the following requirements: 

13 ‘‘(A) The record is created without reliance 

14 on any part of the voting system used to tab15 ulate votes. 

16 ‘‘(B) The record functions as a sampling 

17 frame for conducting a risk-limiting audit. 

18 ‘‘(C) The record contains the following in19 formation with respect to the ballots cast and 

20 counted in the election: 

21 ‘‘(i) The total number of ballots cast 

22 and counted by the agency (including 

23 undervotes, overvotes, and other invalid 

24 votes). 


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1 ‘‘(ii) The total number of ballots cast 

2 in each election administered by the agency 

3 (including undervotes, overvotes, and other 

4 invalid votes). 

5 ‘‘(iii) A precise description of the 

6 manner in which the ballots are physically 

7 stored, including the total number of phys8 ical groups of ballots, the numbering sys9 tem for each group, a unique label for each 

10 group, and the number of ballots in each 

11 such group. 

12 ‘‘(2) The term ‘incorrect outcome’ means an 

13 outcome that differs from the outcome that would be 

14 determined by a full tabulation of all votes validly 

15 cast in the election, determining voter intent manu16 ally, directly from voter-verifiable paper records. 

17 ‘‘(3) The term ‘outcome’ means the winner of 

18 an election, whether a candidate or a position. 

19 ‘‘(4) The term ‘reported outcome’ means the 

20 outcome of an election which is determined accord21 ing to the canvass and which will become the official, 

22 certified outcome unless it is revised by an audit, re23 count, or other legal process. 


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1 ‘‘SEC. 299A. ELIGIBILITY OF STATES. 

2 ‘‘A State is eligible to receive a grant under this part 

3 if the State submits to the Commission, at such time and 

4 in such form as the Commission may require, an applica5 tion containing— 

6 ‘‘(1) a certification that, not later than 5 years 

7 after receiving the grant, the State will conduct risk8 limiting audits of the results of elections for Federal 

9 office held in the State as described in section 299; 

10 ‘‘(2) a certification that, not later than one year 

11 after the date of the enactment of this section, the 

12 chief State election official of the State has estab13 lished or will establish the rules and procedures for 

14 conducting the audits which meet the requirements 

15 of section 299(c); 

16 ‘‘(3) a certification that the audit shall be com17 pleted not later than the date on which the State 

18 certifies the results of the election; 

19 ‘‘(4) a certification that, after completing the 

20 audit, the State shall publish a report on the results 

21 of the audit, together with such information as nec22 essary to confirm that the audit was conducted prop23 erly; 

24 ‘‘(5) a certification that, if a risk-limiting audit 

25 conducted under this part leads to a full manual 

26 tally of an election, State law requires that the State 


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1 or election agency shall use the results of the full 

2 manual tally as the official results of the election; 

3 and 

4 ‘‘(6) such other information and assurances as 

5 the Commission may require. 

6 ‘‘SEC. 299B. AUTHORIZATION OF APPROPRIATIONS. 

7 ‘‘There are authorized to be appropriated for grants 

8 under this part $20,000,000 for fiscal year 2021, to re9 main available until expended.’’. 

10 (b) CLERICAL AMENDMENT.—The table of contents 

11 of such Act, as amended by sections 1622(c) and 3001(b), 

12 is further amended by adding at the end of the items relat13 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. 

14 SEC. 3012. GAO ANALYSIS OF EFFECTS OF AUDITS. 

15 (a) ANALYSIS.—Not later than 6 months after the 

16 first election for Federal office is held after grants are 

17 first awarded to States for conducting risk-limiting audits 

18 under part 9 of subtitle D of title II of the Help America 

19 Vote Act of 2002 (as added by section 3011) for con20 ducting risk-limiting audits of elections for Federal office, 

21 the Comptroller General of the United States shall con22 duct an analysis of the extent to which such audits have 


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1 improved the administration of such elections and the se2 curity of election infrastructure in the States receiving 

3 such grants. 

4 (b) REPORT.—The Comptroller General of the 

5 United States shall submit a report on the analysis con6 ducted under subsection (a) to the appropriate congres7 sional committees. 

8 PART 3—ELECTION INFRASTRUCTURE 

9 INNOVATION GRANT PROGRAM 

10 SEC. 3021. ELECTION INFRASTRUCTURE INNOVATION 

11 GRANT PROGRAM. 

12 (a) IN GENERAL.—Title III of the Homeland Secu13 rity Act of 2002 (6 U.S.C. 181 et seq.) is amended by 

14 adding at the end the following new section: 

15 ‘‘SEC. 321. ELECTION INFRASTRUCTURE INNOVATION 

16 GRANT PROGRAM. 

17 ‘‘(a) ESTABLISHMENT.—The Secretary, acting 

18 through the Under Secretary for Science and Technology, 

19 in coordination with the Chairman of the Election Assist20 ance Commission (established pursuant to the Help Amer21 ica Vote Act of 2002) and in consultation with the Direc22 tor of the National Science Foundation and the Director 

23 of the National Institute of Standards and Technology, 

24 shall establish a competitive grant program to award 

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1 poses of research and development that are determined to 

2 have the potential to significantly improve the security (in3 cluding cybersecurity), quality, reliability, accuracy, acces4 sibility, and affordability of election infrastructure, and in5 crease voter participation. 

6 ‘‘(b) REPORT TO CONGRESS.—Not later than 90 days 

7 after the conclusion of each fiscal year for which grants 

8 are awarded under this section, the Secretary shall submit 

9 to the Committee on Homeland Security and the Com10 mittee on House Administration of the House of Rep11 resentatives and the Committee on Homeland Security 

12 and Governmental Affairs and the Committee on Rules 

13 and Administration of the Senate a report describing such 

14 grants and analyzing the impact, if any, of such grants 

15 on the security and operation of election infrastructure, 

16 and on voter participation. 

17 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

18 is authorized to be appropriated to the Secretary 

19 $20,000,000 for each of fiscal years 2021 through 2029 

20 for purposes of carrying out this section. 

21 ‘‘(d) ELIGIBLE ENTITY DEFINED.—In this section, 

22 the term ‘eligible entity’ means— 

23 ‘‘(1) an institution of higher education (as such 

24 term is defined in section 101(a) of the Higher Edu25 cation Act of 1965 (20 U.S.C. 1001(a)), including 


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1 an institution of higher education that is a histori2 cally Black college or university (which has the 

3 meaning given the term ‘‘part B institution’’ in sec4 tion 322 of such Act (20 U.S.C. 1061)) or other mi5 nority-serving institution listed in section 371(a) of 

6 such Act (20 U.S.C. 1067q(a)); 

7 ‘‘(2) an organization described in section 

8 501(c)(3) of the Internal Revenue Code of 1986 and 

9 exempt from tax under section 501(a) of such Code; 

10 or 

11 ‘‘(3) an organization, association, or a for-profit 

12 company, including a small business concern (as 

13 such term is described in section 3 of the Small 

14 Business Act (15 U.S.C. 632)), including a small 

15 business concern owned and controlled by socially 

16 and economically disadvantaged individuals (as such 

17 term is defined in section 8(d)(3)(C) of the Small 

18 Business Act (15 U.S.C. 637(d)(3)(C)).’’. 

19 (b) DEFINITION.—Section 2 of the Homeland Secu20 rity Act of 2002 (6 U.S.C. 101) is amended— 

21 (1) by redesignating paragraphs (6) through 

22 (20) as paragraphs (7) through (21), respectively; 

23 and 

24 (2) by inserting after paragraph (5) the fol25 lowing new paragraph: 


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1 ‘‘(6) ELECTION INFRASTRUCTURE.—The term 

2 ‘election infrastructure’ means storage facilities, 

3 polling places, and centralized vote tabulation loca4 tions used to support the administration of elections 

5 for public office, as well as related information and 

6 communications technology, including voter registra7 tion databases, voting machines, electronic mail and 

8 other communications systems (including electronic 

9 mail and other systems of vendors who have entered 

10 into contracts with election agencies to support the 

11 administration of elections, manage the election 

12 process, and report and display election results), and 

13 other systems used to manage the election process 

14 and to report and display election results on behalf 

15 of an election agency.’’. 

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

17 in section 1(b) of the Homeland Security Act of 2002 is 

18 amended by inserting after the item relating to section 

19 320 the following new item: 

‘‘Sec. 321. Election infrastructure innovation grant program.’’. 

20 Subtitle B—Security Measures 

21 SEC. 3101. ELECTION INFRASTRUCTURE DESIGNATION. 

22 Subparagraph (J) of section 2001(3) of the Home23 land Security Act of 2002 (6 U.S.C. 601(3)) is amended 

24 by inserting ‘‘, including election infrastructure’’ before 

25 the period at the end. 


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1 SEC. 3102. TIMELY THREAT INFORMATION. 

2 Subsection (d) of section 201 of the Homeland Secu3 rity Act of 2002 (6 U.S.C. 121) is amended by adding 

4 at the end the following new paragraph: 

5 ‘‘(24) To provide timely threat information re6 garding election infrastructure to the chief State 

7 election official of the State with respect to which 

8 such information pertains.’’. 

9 SEC. 3103. SECURITY CLEARANCE ASSISTANCE FOR ELEC10 TION OFFICIALS. 

11 In order to promote the timely sharing of information 

12 on threats to election infrastructure, the Secretary may— 

13 (1) help expedite a security clearance for the 

14 chief State election official and other appropriate 

15 State personnel involved in the administration of 

16 elections, as designated by the chief State election 

17 official; 

18 (2) sponsor a security clearance for the chief 

19 State election official and other appropriate State 

20 personnel involved in the administration of elections, 

21 as designated by the chief State election official; and 

22 (3) facilitate the issuance of a temporary clear23 ance to the chief State election official and other ap24 propriate State personnel involved in the administra25 tion of elections, as designated by the chief State 

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1 fied information to be timely and relevant to the 

2 election infrastructure of the State at issue. 

3 SEC. 3104. SECURITY RISK AND VULNERABILITY ASSESS4 MENTS. 

5 (a) IN GENERAL.—Paragraph (6) of section 2209(c) 

6 of the Homeland Security Act of 2002 (6 U.S.C. 659(c)) 

7 is amended by inserting ‘‘(including by carrying out a se8 curity risk and vulnerability assessment)’’ after ‘‘risk 

9 management support’’. 

10 (b) PRIORITIZATION TO ENHANCE ELECTION SECU11 RITY.— 

12 (1) IN GENERAL.—Not later than 90 days after 

13 receiving a written request from a chief State elec14 tion official, the Secretary shall, to the extent prac15 ticable, commence a security risk and vulnerability 

16 assessment (pursuant to paragraph (6) of section 

17 2209(c) of the Homeland Security Act of 2002, as 

18 amended by subsection (a)) on election infrastruc19 ture in the State at issue. 

20 (2) NOTIFICATION.—If the Secretary, upon re21 ceipt of a request described in paragraph (1), deter22 mines that a security risk and vulnerability assess23 ment referred to in such paragraph cannot be com24 menced within 90 days, the Secretary shall expediVerDate Sep 11 2014 18:47 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00377 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

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1 tiously notify the chief State election official who 

2 submitted such request. 

3 SEC. 3105. ANNUAL REPORTS. 

4 (a) REPORTS ON ASSISTANCE AND ASSESSMENTS.— 

5 Not later than one year after the date of the enactment 

6 of this Act and annually thereafter through 2028, the Sec7 retary shall submit to the appropriate congressional com8 mittees— 

9 (1) efforts to carry out section 3103 during the 

10 prior year, including specific information regarding 

11 which States were helped, how many officials have 

12 been helped in each State, how many security clear13 ances have been sponsored in each State, and how 

14 many temporary clearances have been issued in each 

15 State; and 

16 (2) efforts to carry out section 3104 during the 

17 prior year, including specific information regarding 

18 which States were helped, the dates on which the 

19 Secretary received a request for a security risk and 

20 vulnerability assessment referred to in such section, 

21 the dates on which the Secretary commenced each 

22 such request, and the dates on which the Secretary 

23 transmitted a notification in accordance with sub24 section (b)(2) of such section. 


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1 (b) REPORTS ON FOREIGN THREATS.—Not later 

2 than 90 days after the end of each fiscal year (beginning 

3 with fiscal year 2021), the Secretary and the Director of 

4 National Intelligence, in coordination with the heads of 

5 appropriate offices of the Federal Government, shall sub6 mit to the appropriate congressional committees a joint 

7 report on foreign threats, including physical and cyberse8 curity threats, to elections in the United States. 

9 (c) INFORMATION FROM STATES.—For purposes of 

10 preparing the reports required under this section, the Sec11 retary shall solicit and consider information and comments 

12 from States and election agencies, except that the provi13 sion of such information and comments by a State or elec14 tion agency shall be voluntary and at the discretion of the 

15 State or election agency. 

16 SEC. 3106. PRE-ELECTION THREAT ASSESSMENTS. 

17 (a) SUBMISSION OF ASSESSMENT BY DNI.—Not 

18 later than 180 days before the date of each regularly 

19 scheduled general election for Federal office, the Director 

20 of National Intelligence shall submit an assessment of the 

21 full scope of threats, including cybersecurity threats posed 

22 by state actors and terrorist groups, to election infrastruc23 ture and recommendations to address or mitigate such 

24 threats, as developed by the Secretary and Chairman, to— 


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1 (1) the chief State election official of each 

2 State; 

3 (2) the appropriate congressional committees; 

4 and 

5 (3) any other relevant congressional commit6 tees. 

7 (b) UPDATES TO INITIAL ASSESSMENTS.—If, at any 

8 time after submitting an assessment with respect to an 

9 election under subsection (a), the Director of National In10 telligence determines that the assessment should be up11 dated to reflect new information regarding the threats in12 volved, the Director shall submit a revised assessment 

13 under such subsection. 

14 (c) DEFINITIONS.—In this section: 

15 (1) The term ‘‘Chairman’’ means the chair of 

16 the Election Assistance Commission. 

17 (2) The term ‘‘chief State election official’’ 

18 means, with respect to a State, the individual des19 ignated by the State under section 10 of the Na20 tional Voter Registration Act of 1993 (52 U.S.C. 

21 20509) to be responsible for coordination of the 

22 State’s responsibilities under such Act. 

23 (3) The term ‘‘election infrastructure’’ means 

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1 tion of elections for public office, as well as related 

2 information and communications technology, includ3 ing voter registration databases, voting machines, 

4 electronic mail and other communications systems 

5 (including electronic mail and other systems of ven6 dors who have entered into contracts with election 

7 agencies to support the administration of elections, 

8 manage the election process, and report and display 

9 election results), and other systems used to manage 

10 the election process and to report and display elec11 tion results on behalf of an election agency. 

12 (4) The term ‘‘Secretary’’ means the Secretary 

13 of Homeland Security. 

14 (5) The term ‘‘State’’ has the meaning given 

15 such term in section 901 of the Help America Vote 

16 Act of 2002 (52 U.S.C. 21141). 

17 (d) EFFECTIVE DATE.—This subtitle shall apply with 

18 respect to the regularly scheduled general election for Fed19 eral office held in November 2022 and each succeeding 

20 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 one 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 SEC. 3302. TREATMENT OF ELECTRONIC POLL BOOKS AS 

6 PART OF VOTING SYSTEMS. 

7 (a) INCLUSION IN DEFINITION OF VOTING SYS8 TEM.—Section 301(b) of the Help America Vote Act of 

9 2002 (52 U.S.C. 21081(b)) is amended— 

10 (1) in the matter preceding paragraph (1), by 

11 striking ‘‘this section’’ and inserting ‘‘this Act’’; 

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

13 (1); 

14 (3) by redesignating paragraph (2) as para15 graph (3); and 

16 (4) by inserting after paragraph (1) the fol17 lowing new paragraph: 

18 ‘‘(2) any electronic poll book used with respect 

19 to the election; and’’. 

20 (b) DEFINITION.—Section 301 of such Act (52 

21 U.S.C. 21081) is amended— 

22 (1) by redesignating subsections (d) and (d) as 

23 subsections (d) and (e); and 

24 (2) by inserting after subsection (b) the fol25 lowing new subsection: 


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1 ‘‘(c) ELECTRONIC POLL BOOK DEFINED.—In this 

2 Act, the term ‘electronic poll book’ means the total com3 bination of mechanical, electromechanical, or electronic 

4 equipment (including the software, firmware, and docu5 mentation required to program, control, and support the 

6 equipment) that is used— 

7 ‘‘(1) to retain the list of registered voters at a 

8 polling location, or vote center, or other location at 

9 which voters cast votes in an election for Federal of10 fice; and 

11 ‘‘(2) to identify registered voters who are eligi12 ble to vote in an election.’’. 

13 (c) EFFECTIVE DATE.—Section 301(e) of such Act 

14 (52 U.S.C. 21081(e)), as redesignated by subsection (b), 

15 is amended by striking the period at the end and inserting 

16 the following: ‘‘, or, with respect to any requirements re17 lating to electronic poll books, on and after January 1, 

18 2022.’’. 

19 SEC. 3303. PRE-ELECTION REPORTS ON VOTING SYSTEM 

20 USAGE. 

21 (a) REQUIRING STATES TO SUBMIT REPORTS.—Title 

22 III of the Help America Vote Act of 2002 (52 U.S.C. 

23 21081 et seq.) is amended by inserting after section 301 

24 the following new section: 


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1 ‘‘SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM 

2 USAGE. 

3 ‘‘(a) REQUIRING STATES TO SUBMIT REPORTS.— 

4 Not later than 120 days before the date of each regularly 

5 scheduled general election for Federal office, the chief 

6 State election official of a State shall submit a report to 

7 the Commission containing a detailed voting system usage 

8 plan for each jurisdiction in the State which will admin9 ister the election, including a detailed plan for the usage 

10 of electronic poll books and other equipment and compo11 nents of such system. 

12 ‘‘(b) EFFECTIVE DATE.—Subsection (a) shall apply 

13 with respect to the regularly scheduled general election for 

14 Federal office held in November 2022 and each succeeding 

15 regularly scheduled general election for Federal office.’’. 

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

17 of such Act is amended by inserting after the item relating 

18 to section 301 the following new item: 

‘‘Sec. 301A. Pre-election reports on voting system usage.’’. 

19 SEC. 3304. STREAMLINING COLLECTION OF ELECTION IN20 FORMATION. 

21 Section 202 of the Help America Vote Act of 2002 

22 (52 U.S.C. 20922) is amended— 

23 (1) by striking ‘‘The Commission’’ and insert24 ing ‘‘(a) IN GENERAL.—The Commission’’; and 


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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(b) WAIVER OF CERTAIN REQUIREMENTS.—Sub4 chapter I of chapter 35 of title 44, United States Code, 

5 shall not apply to the collection of information for pur6 poses of maintaining the clearinghouse described in para7 graph (1) of subsection (a).’’. 

8 Subtitle E—Preventing Election 

9 Hacking 

10 SEC. 3401. SHORT TITLE. 

11 This subtitle may be cited as the ‘‘Prevent Election 

12 Hacking Act of 2021’’. 

13 SEC. 3402. ELECTION SECURITY BUG BOUNTY PROGRAM. 

14 (a) ESTABLISHMENT.—Not later than one year after 

15 the date of the enactment of this Act, the Secretary shall 

16 establish a program to be known as the ‘‘Election Security 

17 Bug Bounty Program’’ (in this subtitle referred to as the 

18 ‘‘Program’’) to improve the cybersecurity of the systems 

19 used to administer elections for Federal office by facili20 tating and encouraging assessments by independent tech21 nical experts, in cooperation with State and local election 

22 officials and election service providers, to identify and re23 port election cybersecurity vulnerabilities. 

24 (b) VOLUNTARY PARTICIPATION BY ELECTION OFFI25 CIALS AND ELECTION SERVICE PROVIDERS.— 


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1 (1) NO REQUIREMENT TO PARTICIPATE IN PRO2 GRAM.—Participation in the Program shall be en3 tirely voluntary for State and local election officials 

4 and election service providers. 

5 (2) ENCOURAGING PARTICIPATION AND INPUT

6 FROM ELECTION OFFICIALS.—In developing the Pro7 gram, the Secretary shall solicit input from, and en8 courage participation by, State and local election of9 ficials. 

10 (c) ACTIVITIES FUNDED.—In establishing and car11 rying out the Program, the Secretary shall— 

12 (1) establish a process for State and local elec13 tion officials and election service providers to volun14 tarily participate in the Program; 

15 (2) designate appropriate information systems 

16 to be included in the Program; 

17 (3) provide compensation to eligible individuals, 

18 organizations, and companies for reports of pre19 viously unidentified security vulnerabilities within 

20 the information systems designated under paragraph 

21 (2) and establish criteria for individuals, organiza22 tions, and companies to be considered eligible for 

23 such compensation in compliance with Federal laws; 

24 (4) consult with the Attorney General on how 

25 to ensure that approved individuals, organizations, 


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1 and companies that comply with the requirements of 

2 the Program are protected from prosecution under 

3 section 1030 of title 18, United States Code, and 

4 similar provisions of law, and from liability under 

5 civil actions for specific activities authorized under 

6 the Program; 

7 (5) consult with the Secretary of Defense and 

8 the heads of other departments and agencies that 

9 have implemented programs to provide compensation 

10 for reports of previously undisclosed vulnerabilities 

11 in information systems, regarding lessons that may 

12 be applied from such programs; 

13 (6) develop an expeditious process by which an 

14 individual, organization, or company can register 

15 with the Department, submit to a background check 

16 as determined by the Department, and receive a de17 termination regarding eligibility for participation in 

18 the Program; and 

19 (7) engage qualified interested persons, includ20 ing representatives of private entities, about the 

21 structure of the Program and, to the extent prac22 ticable, establish a recurring competition for inde23 pendent technical experts to assess election systems 

24 for the purpose of identifying and reporting election 

25 cybersecurity vulnerabilities. 


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1 (d) USE OF SERVICE PROVIDERS.—The Secretary 

2 may award competitive contracts as necessary to manage 

3 the Program. 

4 (e) DEFINITIONS.—In this section: 

5 (1) The term ‘‘Department’’ means the Depart6 ment of Homeland Security. 

7 (2) The terms ‘‘election’’ and ‘‘Federal office’’ 

8 have the meanings given such terms in section 301 

9 of the Federal Election Campaign Act of 1971 (52 

10 U.S.C. 30101). 

11 (3) The term ‘‘election cybersecurity vulner12 ability’’ means any security vulnerability that affects 

13 an election system. 

14 (4) The term ‘‘election infrastructure’’ has the 

15 meaning given such term in paragraph (6) of section 

16 2 of the Homeland Security Act of 2002 (6 U.S.C. 

17 101), as added by section 3021 of this title. 

18 (5) The term ‘‘election service provider’’ means 

19 any person providing, supporting, or maintaining an 

20 election system on behalf of a State or local election 

21 official, such as a contractor or vendor. 

22 (6) The term ‘‘election system’’ means any in23 formation system which is part of an election infra24 structure. 


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1 (7) The term ‘‘information system’’ has the 

2 meaning given such term in section 3502 of title 44, 

3 United States Code. 

4 (8) The term ‘‘Secretary’’ means the Secretary 

5 of Homeland Security, or, upon designation by the 

6 Secretary of Homeland Security, the Deputy Sec7 retary of Homeland Security, the Director of Cyber8 security and Infrastructure Security of the Cyberse9 curity and Infrastructure Security Agency of the De10 partment of Homeland Security, or a Senate-con11 firmed official who reports to the Director. 

12 (9) The term ‘‘security vulnerability’’ has the 

13 meaning given such term in section 102 of the Cy14 bersecurity Information Sharing Act of 2015 (6 

15 U.S.C. 1501). 

16 (10) The term ‘‘State’’ means each of the sev17 eral States, the District of Columbia, the Common18 wealth of Puerto Rico, Guam, American Samoa, the 

19 Commonwealth of Northern Mariana Islands, and 

20 the United States Virgin Islands. 

21 (11) The term ‘‘voting system’’ has the mean22 ing given such term in section 301(b) of the Help 

23 America Vote Act of 2002 (52 U.S.C. 21081(b)). 


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1 Subtitle F—Election Security 

2 Grants Advisory Committee 

3 SEC. 3501. ESTABLISHMENT OF ADVISORY COMMITTEE. 

4 (a) IN GENERAL.—Subtitle A of title II of the Help 

5 America Vote Act of 2002 (52 U.S.C. 20921 et seq.) is 

6 amended by adding at the end the following: 

7 ‘‘PART 4—ELECTION SECURITY GRANTS 

8 ADVISORY COMMITTEE 

9 ‘‘SEC. 225. ELECTION SECURITY GRANTS ADVISORY COM10 MITTEE. 

11 ‘‘(a) ESTABLISHMENT.—There is hereby established 

12 an advisory committee (hereinafter in this part referred 

13 to as the ‘Committee’) to assist the Commission with re14 spect to the award of grants to States under this Act for 

15 the purpose of election security. 

16 ‘‘(b) DUTIES.— 

17 ‘‘(1) IN GENERAL.—The Committee shall, with 

18 respect to an application for a grant received by the 

19 Commission— 

20 ‘‘(A) review such application; and 

21 ‘‘(B) recommend to the Commission 

22 whether to award the grant to the applicant. 

23 ‘‘(2) CONSIDERATIONS.—In reviewing an appli24 cation pursuant to paragraph (1)(A), the Committee 

25 shall consider— 


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1 ‘‘(A) the record of the applicant with re2 spect to— 

3 ‘‘(i) compliance of the applicant with 

4 the requirements under subtitle A of title 

5 III; and 

6 ‘‘(ii) adoption of voluntary guidelines 

7 issued by the Commission under subtitle B 

8 of title III; and 

9 ‘‘(B) the goals and requirements of elec10 tion security as described in title III of the For 

11 the People Act. 

12 ‘‘(c) MEMBERSHIP.—The Committee shall be com13 posed of 15 individuals appointed by the Executive Direc14 tor of the Commission with experience and expertise in 

15 election security. 

16 ‘‘(d) NO COMPENSATION FOR SERVICE.—Members of 

17 the Committee shall not receive any compensation for 

18 their service, but shall be paid travel expenses, including 

19 per diem in lieu of subsistence, at rates authorized for em20 ployees of agencies under subchapter I of chapter 57 of 

21 title 5, United States Code, while away from their homes 

22 or regular places of business in the performance of services 

23 for the Committee.’’. 


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

2 this section shall take effect 1 year after the date of enact3 ment of this Act. 

4 Subtitle G—Miscellaneous 

5 Provisions 

6 SEC. 3601. DEFINITIONS. 

7 Except as provided in section 3402, in this title, the 

8 following definitions apply: 

9 (1) The term ‘‘Chairman’’ means the chair of 

10 the Election Assistance Commission. 

11 (2) The term ‘‘appropriate congressional com12 mittees’’ means the Committees on Homeland Secu13 rity and House Administration of the House of Rep14 resentatives and the Committees on Homeland Secu15 rity and Governmental Affairs and Rules and Ad16 ministration of the Senate. 

17 (3) The term ‘‘chief State election official’’ 

18 means, with respect to a State, the individual des19 ignated by the State under section 10 of the Na20 tional Voter Registration Act of 1993 (52 U.S.C. 

21 20509) to be responsible for coordination of the 

22 State’s responsibilities under such Act. 

23 (4) The term ‘‘Commission’’ means the Election 

24 Assistance Commission. 


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1 (5) The term ‘‘democratic institutions’’ means 

2 the diverse range of institutions that are essential to 

3 ensuring an independent judiciary, free and fair elec4 tions, and rule of law. 

5 (6) The term ‘‘election agency’’ means any com6 ponent of a State, or any component of a unit of 

7 local government in a State, which is responsible for 

8 the administration of elections for Federal office in 

9 the State. 

10 (7) The term ‘‘election infrastructure’’ means 

11 storage facilities, polling places, and centralized vote 

12 tabulation locations used to support the administra13 tion of elections for public office, as well as related 

14 information and communications technology, includ15 ing voter registration databases, voting machines, 

16 electronic mail and other communications systems 

17 (including electronic mail and other systems of ven18 dors who have entered into contracts with election 

19 agencies to support the administration of elections, 

20 manage the election process, and report and display 

21 election results), and other systems used to manage 

22 the election process and to report and display elec23 tion results on behalf of an election agency. 

24 (8) The term ‘‘Secretary’’ means the Secretary 

25 of Homeland Security. 


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1 (9) The term ‘‘State’’ has the meaning given 

2 such term in section 901 of the Help America Vote 

3 Act of 2002 (52 U.S.C. 21141). 

4 SEC. 3602. INITIAL REPORT ON ADEQUACY OF RESOURCES 

5 AVAILABLE FOR IMPLEMENTATION. 

6 Not later than 120 days after enactment of this Act, 

7 the Chairman and the Secretary shall submit a report to 

8 the appropriate committees of Congress, including the 

9 Committees on Homeland Security and House Adminis10 tration of the House of Representatives and the Com11 mittee on Homeland Security and Governmental Affairs 

12 of the Senate, analyzing the adequacy of the funding, re13 sources, and personnel available to carry out this title and 

14 the amendments made by this title. 

15 Subtitle H—Use of Voting Machines 

16 Manufactured in the United States 

17 SEC. 3701. USE OF VOTING MACHINES MANUFACTURED IN 

18 THE UNITED STATES. 

19 (a) REQUIREMENT.—Section 301(a) of the Help 

20 America Vote Act of 2002 (52 U.S.C. 21081(a)), as 

21 amended by section 1504, section 1505, and section 1507, 

22 is further amended by adding at the end the following new 

23 paragraph: 

24 ‘‘(10) VOTING MACHINE REQUIREMENTS.—By 

25 not later than the date of the regularly scheduled 


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1 general election for Federal office occurring in No2 vember 2024, each State shall seek to ensure that 

3 any voting machine used in such election and in any 

4 subsequent election for Federal office is manufac5 tured in the United States.’’. 

6 (b) CONFORMING AMENDMENT RELATING TO EF7 FECTIVE DATE.—Section 301(d)(1) of such Act (52 

8 U.S.C. 21081(d)(1)), as amended by section 1508, is 

9 amended by striking ‘‘paragraph (2)’’ and inserting ‘‘sub10 section (a)(10) and paragraph (2)’’. 

11 Subtitle I—Severability 

12 SEC. 3801. SEVERABILITY. 

13 If any provision of this title or amendment made by 

14 this title, or the application of a provision or amendment 

15 to any person or circumstance, is held to be unconstitu16 tional, the remainder of this title and amendments made 

17 by this title, and the application of the provisions and 

18 amendment to any person or circumstance, shall not be 

19 affected by the holding. 

20 DIVISION B—CAMPAIGN 

21 FINANCE 

22 TITLE IV—CAMPAIGN FINANCE 

23 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. 


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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. 

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. 

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. 


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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. 

PART 2—INADMISSIBILITY AND DEPORTABILITY OF ALIENS ENGAGING IN

IMPROPER ELECTION INTERFERENCE

Sec. 4411. Inadmissibility and deportability of aliens engaging in improper interference in United States elections. 

PART 3—NOTIFYING STATES OF DISINFORMATION CAMPAIGNS BY FOREIGN

NATIONALS

Sec. 4421. Notifying States of disinformation campaigns by foreign nationals. 

PART 4—PROHIBITING USE OF DEEPFAKES IN ELECTION CAMPAIGNS

Sec. 4431. Prohibition on distribution of materially deceptive audio or visual 

media prior to election. 

PART 5—ASSESSMENT OF EXEMPTION OF REGISTRATION REQUIREMENTS

UNDER FARA FOR REGISTERED LOBBYISTS

Sec. 4441. 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 revenue procedure that eliminated requirement to report 

information regarding contributors to certain tax-exempt organizations. 

Subtitle G—Shareholder Right-to-Know 

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

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

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

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 


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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. 

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 beneVerDate Sep 11 2014 18:47 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00410 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

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1 ficiaries and transactions from regulators and law 

2 enforcement. 

3 (3) Since the Supreme Court’s decisions in Citi4 zens United v. Federal Election Commission, 558 

5 U.S. 310 (2010), millions of dollars have flowed into 

6 super PACs through LLCs whose funders are anon7 ymous or intentionally obscured. Criminal investiga8 tions have uncovered LLCs that were used to hide 

9 illegal campaign contributions from foreign criminal 

10 fugitives, to advance international influence-buying 

11 schemes, and to conceal contributions from donors 

12 who were already under investigation for bribery and 

13 racketeering. Voters have no way to know the true 

14 sources of the money being routed through these 

15 LLCs to influence elections, including whether any 

16 of the funds come from foreign or other illicit 

17 sources. 

18 (4) Congress should curb the use of anonymous 

19 shell companies for illicit purposes by requiring 

20 United States companies to disclose their beneficial 

21 owners, strengthening anti-money laundering and 

22 counter-terrorism finance laws. 

23 (5) Congress should examine the money laun24 dering and terrorist financing risks in the real estate 

25 market, including the role of anonymous parties, and 


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1 review legislation to address any vulnerabilities iden2 tified in this sector. 

3 (6) Congress should examine the methods by 

4 which corruption flourishes and the means to detect 

5 and deter the financial misconduct that fuels this 

6 driver of global instability. Congress should monitor 

7 government efforts to enforce United States anti8 corruption laws and regulations. 

9 SEC. 4002. FEDERAL CAMPAIGN REPORTING OF FOREIGN 

10 CONTACTS. 

11 (a) INITIAL NOTICE.— 

12 (1) IN GENERAL.—Section 304 of the Federal 

13 Election Campaign Act of 1971 (52 U.S.C. 30104) 

14 is amended by adding at the end the following new 

15 subsection: 

16 ‘‘(j) DISCLOSURE OF REPORTABLE FOREIGN CON17 TACTS.— 

18 ‘‘(1) COMMITTEE OBLIGATION TO NOTIFY.— 

19 Not later than 1 week after a reportable foreign con20 tact, each political committee shall notify the Fed21 eral Bureau of Investigation and the Commission of 

22 the reportable foreign contact and provide a sum23 mary of the circumstances with respect to such re24 portable foreign contact. The Federal Bureau of In25 vestigation, not later than 1 week after receiving a 


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1 notification from a political committee under this 

2 paragraph, shall submit to the political committee, 

3 the Permanent Select Committee on Intelligence of 

4 the House of Representatives, and the Select Com5 mittee on Intelligence of the Senate written or elec6 tronic confirmation of receipt of the notification. 

7 ‘‘(2) INDIVIDUAL OBLIGATION TO NOTIFY.— 

8 Not later than 3 days after a reportable foreign con9 tact— 

10 ‘‘(A) each candidate and each immediate 

11 family member of a candidate shall notify the 

12 treasurer or other designated official of the 

13 principal campaign committee of such candidate 

14 of the reportable foreign contact and provide a 

15 summary of the circumstances with respect to 

16 such reportable foreign contact; and 

17 ‘‘(B) each official, employee, or agent of a 

18 political committee shall notify the treasurer or 

19 other designated official of the committee of the 

20 reportable foreign contact and provide a sum21 mary of the circumstances with respect to such 

22 reportable foreign contact. 

23 ‘‘(3) REPORTABLE FOREIGN CONTACT.—In this 

24 subsection: 


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1 ‘‘(A) IN GENERAL.—The term ‘reportable 

2 foreign contact’ means any direct or indirect 

3 contact or communication that— 

4 ‘‘(i) is between— 

5 ‘‘(I) a candidate, an immediate 

6 family member of the candidate, a po7 litical committee, or any official, em8 ployee, or agent of such committee; 

9 and 

10 ‘‘(II) an individual that the per11 son described in subclause (I) knows, 

12 has reason to know, or reasonably be13 lieves is a covered foreign national; 

14 and 

15 ‘‘(ii) the person described in clause 

16 (i)(I) knows, has reason to know, or rea17 sonably believes involves— 

18 ‘‘(I) an offer or other proposal 

19 for a contribution, donation, expendi20 ture, disbursement, or solicitation de21 scribed in section 319; or 

22 ‘‘(II) coordination or collabora23 tion with, an offer or provision of in24 formation or services to or from, or 

25 persistent and repeated contact with, 


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1 a covered foreign national in connec2 tion with an election. 

3 ‘‘(B) EXCEPTIONS.— 

4 ‘‘(i) CONTACTS IN OFFICIAL CAPACITY

5 AS ELECTED OFFICIAL.—The term ‘report6 able foreign contact’ shall not include any 

7 contact or communication with a covered 

8 foreign national by an elected official or an 

9 employee of an elected official solely in an 

10 official capacity as such an official or em11 ployee. 

12 ‘‘(ii) CONTACTS FOR PURPOSES OF

13 ENABLING OBSERVATION OF ELECTIONS

14 BY INTERNATIONAL OBSERVERS.—The 

15 term ‘reportable foreign contact’ shall not 

16 include any contact or communication with 

17 a covered foreign national by any person 

18 which is made for purposes of enabling the 

19 observation of elections in the United 

20 States by a foreign national or the obser21 vation of elections outside of the United 

22 States by a candidate, political committee, 

23 or any official, employee, or agent of such 

24 committee. 


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1 ‘‘(iii) EXCEPTIONS NOT APPLICABLE

2 IF CONTACTS OR COMMUNICATIONS IN3 VOLVE PROHIBITED DISBURSEMENTS.—A 

4 contact or communication by an elected of5 ficial or an employee of an elected official 

6 shall not be considered to be made solely 

7 in an official capacity for purposes of 

8 clause (i), and a contact or communication 

9 shall not be considered to be made for pur10 poses of enabling the observation of elec11 tions for purposes of clause (ii), if the con12 tact or communication involves a contribu13 tion, donation, expenditure, disbursement, 

14 or solicitation described in section 319. 

15 ‘‘(C) COVERED FOREIGN NATIONAL DE16 FINED.— 

17 ‘‘(i) IN GENERAL.—In this paragraph, 

18 the term ‘covered foreign national’ 

19 means— 

20 ‘‘(I) a foreign principal (as de21 fined in section 1(b) of the Foreign 

22 Agents Registration Act of 1938 (22 

23 U.S.C. 611(b))) that is a government 

24 of a foreign country or a foreign polit25 ical party; 


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1 ‘‘(II) any person who acts as an 

2 agent, representative, employee, or 

3 servant, or any person who acts in 

4 any other capacity at the order, re5 quest, or under the direction or con6 trol, of a foreign principal described in 

7 subclause (I) or of a person any of 

8 whose activities are directly or indi9 rectly supervised, directed, controlled, 

10 financed, or subsidized in whole or in 

11 major part by a foreign principal de12 scribed in subclause (I); or 

13 ‘‘(III) any person included in the 

14 list of specially designated nationals 

15 and blocked persons maintained by 

16 the Office of Foreign Assets Control 

17 of the Department of the Treasury 

18 pursuant to authorities relating to the 

19 imposition of sanctions relating to the 

20 conduct of a foreign principal de21 scribed in subclause (I). 

22 ‘‘(ii) CLARIFICATION REGARDING AP23 PLICATION TO CITIZENS OF THE UNITED

24 STATES.—In the case of a citizen of the 

25 United States, subclause (II) of clause (i) 


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1 applies only to the extent that the person 

2 involved acts within the scope of that per3 son’s status as the agent of a foreign prin4 cipal described in subclause (I) of clause 

5 (i). 

6 ‘‘(4) IMMEDIATE FAMILY MEMBER.—In this 

7 subsection, the term ‘immediate family member’ 

8 means, with respect to a candidate, a parent, parent9 in-law, spouse, adult child, or sibling.’’. 

10 (2) EFFECTIVE DATE.—The amendment made 

11 by paragraph (1) shall apply with respect to report12 able foreign contacts which occur on or after the 

13 date of the enactment of this Act. 

14 (b) INFORMATION INCLUDED ON REPORT.— 

15 (1) IN GENERAL.—Section 304(b) of such Act 

16 (52 U.S.C. 30104(b)) is amended— 

17 (A) by striking ‘‘and’’ at the end of para18 graph (7); 

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

20 paragraph (8) and inserting ‘‘; and’’; and 

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

22 paragraph: 

23 ‘‘(9) for any reportable foreign contact (as de24 fined in subsection (j)(3))— 


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1 ‘‘(A) the date, time, and location of the 

2 contact; 

3 ‘‘(B) the date and time of when a des4 ignated official of the committee was notified of 

5 the contact; 

6 ‘‘(C) the identity of individuals involved; 

7 and 

8 ‘‘(D) a description of the contact, including 

9 the nature of any contribution, donation, ex10 penditure, disbursement, or solicitation involved 

11 and the nature of any activity described in sub12 section (j)(3)(A)(ii)(II) involved.’’. 

13 (2) EFFECTIVE DATE.—The amendment made 

14 by paragraph (1) shall apply with respect to reports 

15 filed on or after the expiration of the 60-day period 

16 which begins on the date of the enactment of this 

17 Act. 

18 SEC. 4003. FEDERAL CAMPAIGN FOREIGN CONTACT RE19 PORTING COMPLIANCE SYSTEM. 

20 (a) IN GENERAL.—Section 302 of the Federal Elec21 tion Campaign Act of 1971 (52 U.S.C. 30102) is amended 

22 by adding at the end the following new subsection: 

23 ‘‘(j) REPORTABLE FOREIGN CONTACTS COMPLIANCE

24 POLICY.— 


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1 ‘‘(1) REPORTING.—Each political committee 

2 shall establish a policy that requires all officials, em3 ployees, and agents of such committee (and, in the 

4 case of an authorized committee, the candidate and 

5 each immediate family member of the candidate) to 

6 notify the treasurer or other appropriate designated 

7 official of the committee of any reportable foreign 

8 contact (as defined in section 304(j)) not later than 

9 3 days after such contact was made. 

10 ‘‘(2) RETENTION AND PRESERVATION OF

11 RECORDS.—Each political committee shall establish 

12 a policy that provides for the retention and preserva13 tion of records and information related to reportable 

14 foreign contacts (as so defined) for a period of not 

15 less than 3 years. 

16 ‘‘(3) CERTIFICATION.— 

17 ‘‘(A) IN GENERAL.—Upon filing its state18 ment of organization under section 303(a), and 

19 with each report filed under section 304(a), the 

20 treasurer of each political committee (other 

21 than an authorized committee) shall certify 

22 that— 

23 ‘‘(i) the committee has in place poli24 cies that meet the requirements of para25 graphs (1) and (2); 


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1 ‘‘(ii) the committee has designated an 

2 official to monitor compliance with such 

3 policies; and 

4 ‘‘(iii) not later than 1 week after the 

5 beginning of any formal or informal affili6 ation with the committee, all officials, em7 ployees, and agents of such committee 

8 will— 

9 ‘‘(I) receive notice of such poli10 cies; 

11 ‘‘(II) be informed of the prohibi12 tions under section 319; and 

13 ‘‘(III) sign a certification affirm14 ing their understanding of such poli15 cies and prohibitions. 

16 ‘‘(B) AUTHORIZED COMMITTEES.—With 

17 respect to an authorized committee, the can18 didate shall make the certification required 

19 under subparagraph (A).’’. 

20 (b) EFFECTIVE DATE.— 

21 (1) IN GENERAL.—The amendment made by 

22 subsection (a) shall apply with respect to political 

23 committees which file a statement of organization 

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1 paign Act of 1971 (52 U.S.C. 30103(a)) on or after 

2 the date of the enactment of this Act. 

3 (2) TRANSITION RULE FOR EXISTING COMMIT4 TEES.—Not later than 30 days after the date of the 

5 enactment of this Act, each political committee 

6 under the Federal Election Campaign Act of 1971 

7 shall file a certification with the Federal Election 

8 Commission that the committee is in compliance 

9 with the requirements of section 302(j) of such Act 

10 (as added by subsection (a)). 

11 SEC. 4004. CRIMINAL PENALTIES. 

12 Section 309(d)(1) of the Federal Election Campaign 

13 Act of 1971 (52 U.S.C. 30109(d)(1)) is amended by add14 ing at the end the following new subparagraphs: 

15 ‘‘(E) Any person who knowingly and willfully com16 mits a violation of subsection (j) or (b)(9) of section 304 

17 or section 302(j) shall be fined not more than $500,000, 

18 imprisoned not more than 5 years, or both. 

19 ‘‘(F) Any person who knowingly and willfully conceals 

20 or destroys any materials relating to a reportable foreign 

21 contact (as defined in section 304(j)) shall be fined not 

22 more than $1,000,000, imprisoned not more than 5 years, 

23 or both.’’. 


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1 SEC. 4005. REPORT TO CONGRESSIONAL INTELLIGENCE 

2 COMMITTEES. 

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

4 date of enactment of this Act, and annually thereafter, 

5 the Director of the Federal Bureau of Investigation shall 

6 submit to the congressional intelligence committees a re7 port relating to notifications received by the Federal Bu8 reau of Investigation under section 304(j)(1) of the Fed9 eral Election Campaign Act of 1971 (as added by section 

10 4002(a) of this Act). 

11 (b) ELEMENTS.—Each report under subsection (a) 

12 shall include, at a minimum, the following with respect 

13 to notifications described in subsection (a): 

14 (1) The number of such notifications received 

15 from political committees during the year covered by 

16 the report. 

17 (2) A description of protocols and procedures 

18 developed by the Federal Bureau of Investigation re19 lating to receipt and maintenance of records relating 

20 to such notifications. 

21 (3) With respect to such notifications received 

22 during the year covered by the report, a description 

23 of any subsequent actions taken by the Director re24 sulting from the receipt of such notifications. 

25 (c) CONGRESSIONAL INTELLIGENCE COMMITTEES

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1 ligence committees’’ has the meaning given that term in 

2 section 3 of the National Security Act of 1947 (50 U.S.C. 

3 3003). 

4 SEC. 4006. RULE OF CONSTRUCTION. 

5 Nothing in this subtitle or the amendments made by 

6 this subtitle shall be construed— 

7 (1) to impede legitimate journalistic activities; 

8 or 

9 (2) to impose any additional limitation on the 

10 right to express political views or to participate in 

11 public discourse of any individual who— 

12 (A) resides in the United States; 

13 (B) is not a citizen of the United States or 

14 a national of the United States, as defined in 

15 section 101(a)(22) of the Immigration and Na16 tionality Act (8 U.S.C. 1101(a)(22)); and 

17 (C) is not lawfully admitted for permanent 

18 residence, as defined by section 101(a)(20) of 

19 the Immigration and Nationality Act (8 U.S.C. 

20 1101(a)(20)). 

21 Subtitle B—DISCLOSE Act 

22 SEC. 4100. SHORT TITLE. 

23 This subtitle may be cited as the ‘‘Democracy Is 

24 Strengthened by Casting Light On Spending in Elections 

25 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 18:47 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00432 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH 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 18:47 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00436 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH 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 paid 

10 broadcast, cable, or satellite, paid internet, 

11 or 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) that is susceptible to no reason20 able interpretation other than promoting, 

21 supporting, attacking, or opposing the 

22 nomination or Senate confirmation of an 

23 individual as a Federal judge or justice. 

24 ‘‘(B) EXCEPTION.—Such term shall not in25 clude any news story, commentary, or editorial 


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1 distributed through the facilities of any broad2 casting station or any print, online, or digital 

3 newspaper, magazine, publication, or periodical, 

4 unless such facilities are owned or controlled by 

5 any political party, political committee, or can6 didate. 

7 ‘‘(3) INTENT NOT REQUIRED.—A disbursement 

8 for an item described in subparagraph (A), (B), (C), 

9 (D), or (E) of paragraph (1) shall be treated as a 

10 campaign-related disbursement regardless of the in11 tent of the person making the disbursement. 

12 ‘‘(e) COVERED ORGANIZATION DEFINED.—In this 

13 section, the term ‘covered organization’ means any of the 

14 following: 

15 ‘‘(1) A corporation (other than an organization 

16 described in section 501(c)(3) of the Internal Rev17 enue Code of 1986). 

18 ‘‘(2) A limited liability corporation that is not 

19 otherwise treated as a corporation for purposes of 

20 this Act (other than an organization described in 

21 section 501(c)(3) of the Internal Revenue Code of 

22 1986). 

23 ‘‘(3) An organization described in section 

24 501(c) of such Code and exempt from taxation 

25 under section 501(a) of such Code (other than an 


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1 organization described in section 501(c)(3) of such 

2 Code). 

3 ‘‘(4) A labor organization (as defined in section 

4 316(b)). 

5 ‘‘(5) Any political organization under section 

6 527 of the Internal Revenue Code of 1986, other 

7 than a political committee under this Act (except as 

8 provided in paragraph (6)). 

9 ‘‘(6) A political committee with an account that 

10 accepts donations or contributions that do not com11 ply with the contribution limits or source prohibi12 tions under this Act, but only with respect to such 

13 accounts. 

14 ‘‘(f) COVERED TRANSFER DEFINED.— 

15 ‘‘(1) IN GENERAL.—In this section, the term 

16 ‘covered transfer’ means any transfer or payment of 

17 funds by a covered organization to another person if 

18 the covered organization— 

19 ‘‘(A) designates, requests, or suggests that 

20 the amounts be used for— 

21 ‘‘(i) campaign-related disbursements 

22 (other than covered transfers); or 

23 ‘‘(ii) making a transfer to another 

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1 ing for such campaign-related disburse2 ments; 

3 ‘‘(B) made such transfer or payment in re4 sponse to a solicitation or other request for a 

5 donation or payment for— 

6 ‘‘(i) the making of or paying for cam7 paign-related disbursements (other than 

8 covered transfers); or 

9 ‘‘(ii) making a transfer to another 

10 person for the purpose of making or pay11 ing for such campaign-related disburse12 ments; 

13 ‘‘(C) engaged in discussions with the re14 cipient of the transfer or payment regarding— 

15 ‘‘(i) the making of or paying for cam16 paign-related disbursements (other than 

17 covered transfers); or 

18 ‘‘(ii) donating or transferring any 

19 amount of such transfer or payment to an20 other person for the purpose of making or 

21 paying for such campaign-related disburse22 ments; 

23 ‘‘(D) made campaign-related disburse24 ments (other than a covered transfer) in an ag25 gregate amount of $50,000 or more during the 


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1 2-year period ending on the date of the transfer 

2 or payment, or knew or had reason to know 

3 that the person receiving the transfer or pay4 ment made such disbursements in such an ag5 gregate amount during that 2-year period; or 

6 ‘‘(E) knew or had reason to know that the 

7 person receiving the transfer or payment would 

8 make campaign-related disbursements in an ag9 gregate amount of $50,000 or more during the 

10 2-year period beginning on the date of the 

11 transfer or payment. 

12 ‘‘(2) EXCLUSIONS.—The term ‘covered transfer’ 

13 does not include any of the following: 

14 ‘‘(A) A disbursement made by a covered 

15 organization in a commercial transaction in the 

16 ordinary course of any trade or business con17 ducted by the covered organization or in the 

18 form of investments made by the covered orga19 nization. 

20 ‘‘(B) A disbursement made by a covered 

21 organization if— 

22 ‘‘(i) the covered organization prohib23 ited, in writing, the use of such disburse24 ment for campaign-related disbursements; 

25 and 


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1 ‘‘(ii) the recipient of the disbursement 

2 agreed to follow the prohibition and depos3 ited the disbursement in an account which 

4 is segregated from any account used to 

5 make campaign-related disbursements. 

6 ‘‘(3) SPECIAL RULE REGARDING TRANSFERS

7 AMONG AFFILIATES.— 

8 ‘‘(A) SPECIAL RULE.—A transfer of an 

9 amount by one covered organization to another 

10 covered organization which is treated as a 

11 transfer between affiliates under subparagraph 

12 (C) shall be considered a covered transfer by 

13 the covered organization which transfers the 

14 amount only if the aggregate amount trans15 ferred during the year by such covered organi16 zation to that same covered organization is 

17 equal to or greater than $50,000. 

18 ‘‘(B) DETERMINATION OF AMOUNT OF

19 CERTAIN PAYMENTS AMONG AFFILIATES.—In 

20 determining the amount of a transfer between 

21 affiliates for purposes of subparagraph (A), to 

22 the extent that the transfer consists of funds 

23 attributable to dues, fees, or assessments which 

24 are paid by individuals on a regular, periodic 

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1 culation which is made on a regular basis, the 

2 transfer shall be attributed to the individuals 

3 paying the dues, fees, or assessments and shall 

4 not be attributed to the covered organization. 

5 ‘‘(C) DESCRIPTION OF TRANSFERS BE6 TWEEN AFFILIATES.—A transfer of amounts 

7 from one covered organization to another cov8 ered organization shall be treated as a transfer 

9 between affiliates if— 

10 ‘‘(i) one of the organizations is an af11 filiate of the other organization; or 

12 ‘‘(ii) each of the organizations is an 

13 affiliate of the same organization, 

14 except that the transfer shall not be treated as 

15 a transfer between affiliates if one of the orga16 nizations is established for the purpose of mak17 ing campaign-related disbursements. 

18 ‘‘(D) DETERMINATION OF AFFILIATE STA19 TUS.—For purposes of subparagraph (C), a 

20 covered organization is an affiliate of another 

21 covered organization if— 

22 ‘‘(i) the governing instrument of the 

23 organization requires it to be bound by de24 cisions of the other organization; 


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1 ‘‘(ii) the governing board of the orga2 nization includes persons who are specifi3 cally designated representatives of the 

4 other organization or are members of the 

5 governing board, officers, or paid executive 

6 staff members of the other organization, or 

7 whose service on the governing board is 

8 contingent upon the approval of the other 

9 organization; or 

10 ‘‘(iii) the organization is chartered by 

11 the other organization. 

12 ‘‘(E) COVERAGE OF TRANSFERS TO AF13 FILIATED SECTION 501(c)(3) ORGANIZA14 TIONS.—This paragraph shall apply with re15 spect to an amount transferred by a covered or16 ganization to an organization described in para17 graph (3) of section 501(c) of the Internal Rev18 enue Code of 1986 and exempt from tax under 

19 section 501(a) of such Code in the same man20 ner as this paragraph applies to an amount 

21 transferred by a covered organization to an22 other covered organization. 

23 ‘‘(g) NO EFFECT ON OTHER REPORTING REQUIRE24 MENTS.—Nothing in this section shall be construed to 

25 waive or otherwise affect any other requirement of this 


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1 Act which relates to the reporting of campaign-related dis2 bursements.’’. 

3 (2) CONFORMING AMENDMENT.—Section 

4 304(f)(6) of such Act (52 U.S.C. 30104) is amended 

5 by striking ‘‘Any requirement’’ and inserting ‘‘Ex6 cept as provided in section 324(b), any require7 ment’’. 

8 (b) COORDINATION WITH FINCEN.— 

9 (1) IN GENERAL.—The Director of the Finan10 cial Crimes Enforcement Network of the Depart11 ment of the Treasury shall provide the Federal Elec12 tion Commission with such information as necessary 

13 to assist in administering and enforcing section 324 

14 of the Federal Election Campaign Act of 1971, as 

15 added by this section. 

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

17 the date of the enactment of this Act, the Chairman 

18 of the Federal Election Commission, in consultation 

19 with the Director of the Financial Crimes Enforce20 ment Network of the Department of the Treasury, 

21 shall submit to Congress a report with recommenda22 tions for providing further legislative authority to as23 sist in the administration and enforcement of such 

24 section 324. 


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1 SEC. 4112. APPLICATION OF FOREIGN MONEY BAN TO DIS2 BURSEMENTS FOR CAMPAIGN-RELATED DIS3 BURSEMENTS CONSISTING OF COVERED 

4 TRANSFERS. 

5 Section 319(a)(1)(A) of the Federal Election Cam6 paign Act of 1971 (52 U.S.C. 30121(a)(1)(A)), as amend7 ed by section 4102, is amended by striking the semicolon 

8 at the end and inserting the following: ‘‘, and any dis9 bursement, other than an disbursement described in sec10 tion 324(a)(3)(A), to another person who made a cam11 paign-related disbursement consisting of a covered trans12 fer (as described in section 324) during the 2-year period 

13 ending on the date of the disbursement;’’. 

14 SEC. 4113. EFFECTIVE DATE. 

15 The amendments made by this part shall apply with 

16 respect to disbursements made on or after January 1, 

17 2022, and shall take effect without regard to whether or 

18 not the Federal Election Commission has promulgated 

19 regulations to carry out such amendments. 

20 PART 3—OTHER ADMINISTRATIVE REFORMS 

21 SEC. 4121. PETITION FOR CERTIORARI. 

22 Section 307(a)(6) of the Federal Election Campaign 

23 Act of 1971 (52 U.S.C. 30107(a)(6)) is amended by in24 serting ‘‘(including a proceeding before the Supreme 

25 Court on certiorari)’’ after ‘‘appeal’’. 


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1 SEC. 4122. JUDICIAL REVIEW OF ACTIONS RELATED TO 

2 CAMPAIGN FINANCE LAWS. 

3 (a) IN GENERAL.—Title IV of the Federal Election 

4 Campaign Act of 1971 (52 U.S.C. 30141 et seq.) is 

5 amended by inserting after section 406 the following new 

6 section: 

7 ‘‘SEC. 407. JUDICIAL REVIEW. 

8 ‘‘(a) IN GENERAL.—Notwithstanding section 373(f), 

9 if any action is brought for declaratory or injunctive relief 

10 to challenge, whether facially or as-applied, the constitu11 tionality of any provision of this Act or of chapter 95 or 

12 96 of the Internal Revenue Code of 1986, or is brought 

13 to with respect to any action of the Commission under 

14 chapter 95 or 96 of the Internal Revenue Code of 1986, 

15 the following rules shall apply: 

16 ‘‘(1) The action shall be filed in the United 

17 States District Court for the District of Columbia 

18 and an appeal from the decision of the district court 

19 may be taken to the Court of Appeals for the Dis20 trict of Columbia Circuit. 

21 ‘‘(2) In the case of an action relating to declar22 atory or injunctive relief to challenge the constitu23 tionality of a provision, the party filing the action 

24 shall concurrently deliver a copy the complaint to 

25 the Clerk of the House of Representatives and the 

26 Secretary of the Senate. 


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1 ‘‘(3) It shall be the duty of the United States 

2 District Court for the District of Columbia, the 

3 Court of Appeals for the District of Columbia Cir4 cuit, and the Supreme Court of the United States to 

5 advance on the docket and to expedite to the great6 est possible extent the disposition of the action and 

7 appeal. 

8 ‘‘(b) INTERVENTION BY MEMBERS OF CONGRESS.— 

9 In any action described in subsection (a) relating to de10 claratory or injunctive relief to challenge the constitu11 tionality of a provision, any Member of the House of Rep12 resentatives (including a Delegate or Resident Commis13 sioner to the Congress) or Senate shall have the right to 

14 intervene either in support of or opposition to the position 

15 of a party to the case regarding the constitutionality of 

16 the provision. To avoid duplication of efforts and reduce 

17 the burdens placed on the parties to the action, the court 

18 in any such action may make such orders as it considers 

19 necessary, including orders to require interveners taking 

20 similar positions to file joint papers or to be represented 

21 by a single attorney at oral argument. 

22 ‘‘(c) CHALLENGE BY MEMBERS OF CONGRESS.—Any 

23 Member of Congress may bring an action, subject to the 

24 special rules described in subsection (a), for declaratory 

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1 plied, the constitutionality of any provision of this Act or 

2 chapter 95 or 96 of the Internal Revenue Code of 1986.’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) Section 9011 of the Internal Revenue Code 

5 of 1986 is amended to read as follows: 

6 ‘‘SEC. 9011. JUDICIAL REVIEW. 

7 ‘‘For provisions relating to judicial review of certifi8 cations, determinations, and actions by the Commission 

9 under this chapter, see section 407 of the Federal Election 

10 Campaign Act of 1971.’’. 

11 (2) Section 9041 of the Internal Revenue Code 

12 of 1986 is amended to read as follows: 

13 ‘‘SEC. 9041. JUDICIAL REVIEW. 

14 ‘‘For provisions relating to judicial review of actions 

15 by the Commission under this chapter, see section 407 of 

16 the Federal Election Campaign Act of 1971.’’. 

17 (3) Section 403 of the Bipartisan Campaign 

18 Reform Act of 2002 (52 U.S.C. 30110 note) is re19 pealed. 

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

21 this section shall apply to actions brought on or after Jan22 uary 1, 2021. 


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1 Subtitle C—Strengthening Over2 sight of Online Political Adver3 tising 

4 SEC. 4201. SHORT TITLE. 

5 This subtitle may be cited as the ‘‘Honest Ads Act’’. 

6 SEC. 4202. PURPOSE. 

7 The purpose of this subtitle is to enhance the integ8 rity of American democracy and national security by im9 proving disclosure requirements for online political adver10 tisements in order to uphold the Supreme Court’s well11 established standard that the electorate bears the right to 

12 be fully informed. 

13 SEC. 4203. FINDINGS. 

14 Congress makes the following findings: 

15 (1) On January 6, 2017, the Office of the Di16 rector of National Intelligence published a report ti17 tled ‘‘Assessing Russian Activities and Intentions in 

18 Recent U.S. Elections’’, noting that ‘‘Russian Presi19 dent Vladimir Putin ordered an influence campaign 

20 in 2016 aimed at the US presidential election * * 

21 *’’. Moscow’s influence campaign followed a Russian 

22 messaging strategy that blends covert intelligence 

23 operation—such as cyber activity—with overt efforts 

24 by Russian Government agencies, state-funded 


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1 media, third-party intermediaries, and paid social 

2 media users or ‘‘trolls’’. 

3 (2) On November 24, 2016, The Washington 

4 Post reported findings from 2 teams of independent 

5 researchers that concluded Russians ‘‘exploited 

6 American-made technology platforms to attack U.S. 

7 democracy at a particularly vulnerable moment * * 

8 * as part of a broadly effective strategy of sowing 

9 distrust in U.S. democracy and its leaders.’’. 

10 (3) Findings from a 2017 study on the manipu11 lation of public opinion through social media con12 ducted by the Computational Propaganda Research 

13 Project at the Oxford Internet Institute found that 

14 the Kremlin is using pro-Russian bots to manipulate 

15 public discourse to a highly targeted audience. With 

16 a sample of nearly 1,300,000 tweets, researchers 

17 found that in the 2016 election’s 3 decisive States, 

18 propaganda constituted 40 percent of the sampled 

19 election-related tweets that went to Pennsylvanians, 

20 34 percent to Michigan voters, and 30 percent to 

21 those in Wisconsin. In other swing States, the figure 

22 reached 42 percent in Missouri, 41 percent in Flor23 ida, 40 percent in North Carolina, 38 percent in 

24 Colorado, and 35 percent in Ohio. 


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1 (4) On September 6, 2017, the Nation’s largest 

2 social media platform disclosed that between June 

3 2015 and May 2017, Russian entities purchased 

4 $100,000 in political advertisements, publishing 

5 roughly 3,000 ads linked to fake accounts associated 

6 with the Internet Research Agency, a pro-Kremlin 

7 organization. According to the company, the ads 

8 purchased focused ‘‘on amplifying divisive social and 

9 political messages * * *’’. 

10 (5) In 2002, the Bipartisan Campaign Reform 

11 Act became law, establishing disclosure requirements 

12 for political advertisements distributed from a tele13 vision or radio broadcast station or provider of cable 

14 or satellite television. In 2003, the Supreme Court 

15 upheld regulations on electioneering communications 

16 established under the Act, noting that such require17 ments ‘‘provide the electorate with information and 

18 insure that the voters are fully informed about the 

19 person or group who is speaking.’’. 

20 (6) According to a study from Borrell Associ21 ates, in 2016, $1,415,000,000 was spent on online 

22 advertising, more than quadruple the amount in 

23 2012. 

24 (7) The reach of a few large internet plat25 forms—larger than any broadcast, satellite, or cable 


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1 provider—has greatly facilitated the scope and effec2 tiveness of disinformation campaigns. For instance, 

3 the largest platform has over 210,000,000 Ameri4 cans users—over 160,000,000 of them on a daily 

5 basis. By contrast, the largest cable television pro6 vider has 22,430,000 subscribers, while the largest 

7 satellite television provider has 21,000,000 sub8 scribers. And the most-watched television broadcast 

9 in United States history had 118,000,000 viewers. 

10 (8) The public nature of broadcast television, 

11 radio, and satellite ensures a level of publicity for 

12 any political advertisement. These communications 

13 are accessible to the press, fact-checkers, and polit14 ical opponents; this creates strong disincentives for 

15 a candidate to disseminate materially false, inflam16 matory, or contradictory messages to the public. So17 cial media platforms, in contrast, can target portions 

18 of the electorate with direct, ephemeral advertise19 ments often on the basis of private information the 

20 platform has on individuals, enabling political adver21 tisements that are contradictory, racially or socially 

22 inflammatory, or materially false. 

23 (9) According to comScore, 2 companies own 8 

24 of the 10 most popular smart phone applications as 

25 of June 2017, including the most popular social 


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1 media and email services—which deliver information 

2 and news to users without requiring proactivity by 

3 the user. Those same 2 companies accounted for 99 

4 percent of revenue growth from digital advertising in 

5 2016, including 77 percent of gross spending. 79 

6 percent of online Americans—representing 68 per7 cent of all Americans—use the single largest social 

8 network, while 66 percent of these users are most 

9 likely to get their news from that site. 

10 (10) In its 2006 rulemaking, the Federal Elec11 tion Commission noted that only 18 percent of all 

12 Americans cited the internet as their leading source 

13 of news about the 2004 Presidential election; by con14 trast, the Pew Research Center found that 65 per15 cent of Americans identified an internet-based 

16 source as their leading source of information for the 

17 2016 election. 

18 (11) The Federal Election Commission, the 

19 independent Federal agency charged with protecting 

20 the integrity of the Federal campaign finance proc21 ess by providing transparency and administering 

22 campaign finance laws, has failed to take action to 

23 address online political advertisements. 

24 (12) In testimony before the Senate Select 

25 Committee on Intelligence titled, ‘‘Disinformation: A 


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1 Primer in Russian Active Measures and Influence 

2 Campaigns’’, multiple expert witnesses testified that 

3 while the disinformation tactics of foreign adver4 saries have not necessarily changed, social media 

5 services now provide ‘‘platform[s] practically pur6 pose-built for active measures[.]’’ Similarly, as Gen. 

7 Keith B. Alexander (RET.), the former Director of 

8 the National Security Agency, testified, during the 

9 Cold War ‘‘if the Soviet Union sought to manipulate 

10 information flow, it would have to do so principally 

11 through its own propaganda outlets or through ac12 tive measures that would generate specific news: 

13 planting of leaflets, inciting of violence, creation of 

14 other false materials and narratives. But the news 

15 itself was hard to manipulate because it would have 

16 required actual control of the organs of media, which 

17 took long-term efforts to penetrate. Today, however, 

18 because the clear majority of the information on so19 cial media sites is uncurated and there is a rapid 

20 proliferation of information sources and other sites 

21 that can reinforce information, there is an increasing 

22 likelihood that the information available to average 

23 consumers may be inaccurate (whether intentionally 

24 or otherwise) and may be more easily manipulable 

25 than in prior eras.’’. 


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1 (13) Current regulations on political advertise2 ments do not provide sufficient transparency to up3 hold the public’s right to be fully informed about po4 litical advertisements made online. 

5 SEC. 4204. SENSE OF CONGRESS. 

6 It is the sense of Congress that— 

7 (1) the dramatic increase in digital political ad8 vertisements, and the growing centrality of online 

9 platforms in the lives of Americans, requires the 

10 Congress and the Federal Election Commission to 

11 take meaningful action to ensure that laws and reg12 ulations provide the accountability and transparency 

13 that is fundamental to our democracy; 

14 (2) free and fair elections require both trans15 parency and accountability which give the public a 

16 right to know the true sources of funding for polit17 ical advertisements in order to make informed polit18 ical choices and hold elected officials accountable; 

19 and 

20 (3) transparency of funding for political adver21 tisements is essential to enforce other campaign fi22 nance laws, including the prohibition on campaign 

23 spending by foreign nationals. 


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1 SEC. 4205. EXPANSION OF DEFINITION OF PUBLIC COMMU2 NICATION. 

3 (a) IN GENERAL.—Paragraph (22) of section 301 of 

4 the Federal Election Campaign Act of 1971 (52 U.S.C. 

5 30101(22)) is amended by striking ‘‘or satellite commu6 nication’’ and inserting ‘‘satellite, paid internet, or paid 

7 digital communication’’. 

8 (b) TREATMENT OF CONTRIBUTIONS AND EXPENDI9 TURES.—Section 301 of such Act (52 U.S.C. 30101) is 

10 amended— 

11 (1) in paragraph (8)(B)(v), by striking ‘‘on 

12 broadcasting stations, or in newspapers, magazines, 

13 or similar types of general public political adver14 tising’’ and inserting ‘‘in any public communica15 tion’’; and 

16 (2) in paragraph (9)(B)— 

17 (A) by amending clause (i) to read as fol18 lows: 

19 ‘‘(i) any news story, commentary, or 

20 editorial distributed through the facilities 

21 of any broadcasting station or any print, 

22 online, or digital newspaper, magazine, 

23 blog, publication, or periodical, unless such 

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1 ical party, political committee, or can2 didate;’’; and 

3 (B) in clause (iv), by striking ‘‘on broad4 casting stations, or in newspapers, magazines, 

5 or similar types of general public political ad6 vertising’’ and inserting ‘‘in any public commu7 nication’’. 

8 (c) DISCLOSURE AND DISCLAIMER STATEMENTS.— 

9 Subsection (a) of section 318 of such Act (52 U.S.C. 

10 30120) is amended— 

11 (1) by striking ‘‘financing any communication 

12 through any broadcasting station, newspaper, maga13 zine, outdoor advertising facility, mailing, or any 

14 other type of general public political advertising’’ 

15 and inserting ‘‘financing any public communication’’; 

16 and 

17 (2) by striking ‘‘solicits any contribution 

18 through any broadcasting station, newspaper, maga19 zine, outdoor advertising facility, mailing, or any 

20 other type of general public political advertising’’ 

21 and inserting ‘‘solicits any contribution through any 

22 public communication’’. 

23 SEC. 4206. EXPANSION OF DEFINITION OF ELECTION24 EERING COMMUNICATION. 

25 (a) EXPANSION TO ONLINE COMMUNICATIONS.— 


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1 (1) APPLICATION TO QUALIFIED INTERNET AND

2 DIGITAL COMMUNICATIONS.— 

3 (A) IN GENERAL.—Subparagraph (A) of 

4 section 304(f)(3) of the Federal Election Cam5 paign Act of 1971 (52 U.S.C. 30104(f)(3)(A)) 

6 is amended by striking ‘‘or satellite communica7 tion’’ each place it appears in clauses (i) and 

8 (ii) and inserting ‘‘satellite, or qualified internet 

9 or digital communication’’. 

10 (B) QUALIFIED INTERNET OR DIGITAL

11 COMMUNICATION.—Paragraph (3) of section 

12 304(f) of such Act (52 U.S.C. 30104(f)) is 

13 amended by adding at the end the following 

14 new subparagraph: 

15 ‘‘(D) QUALIFIED INTERNET OR DIGITAL

16 COMMUNICATION.—The term ‘qualified internet 

17 or digital communication’ means any commu18 nication which is placed or promoted for a fee 

19 on an online platform (as defined in subsection 

20 (k)(3)).’’. 

21 (2) NONAPPLICATION OF RELEVANT ELEC22 TORATE TO ONLINE COMMUNICATIONS.—Section 

23 304(f)(3)(A)(i)(III) of such Act (52 U.S.C. 

24 30104(f)(3)(A)(i)(III)) is amended by inserting ‘‘any 


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1 broadcast, cable, or satellite’’ before ‘‘communica2 tion’’. 

3 (3) NEWS EXEMPTION.—Section 

4 304(f)(3)(B)(i) of such Act (52 U.S.C. 

5 30104(f)(3)(B)(i)) is amended to read as follows: 

6 ‘‘(i) a communication appearing in a 

7 news story, commentary, or editorial dis8 tributed through the facilities of any 

9 broadcasting station or any online or dig10 ital newspaper, magazine, blog, publica11 tion, or periodical, unless such broad12 casting, online, or digital facilities are 

13 owned or controlled by any political party, 

14 political committee, or candidate;’’. 

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

16 this section shall apply with respect to communications 

17 made on or after January 1, 2022. 

18 SEC. 4207. APPLICATION OF DISCLAIMER STATEMENTS TO 

19 ONLINE COMMUNICATIONS. 

20 (a) CLEAR AND CONSPICUOUS MANNER REQUIRE21 MENT.—Subsection (a) of section 318 of the Federal Elec22 tion Campaign Act of 1971 (52 U.S.C. 30120(a)) is 

23 amended— 

24 (1) by striking ‘‘shall clearly state’’ each place 

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1 serting ‘‘shall state in a clear and conspicuous man2 ner’’; and 

3 (2) by adding at the end the following flush 

4 sentence: ‘‘For purposes of this section, a commu5 nication does not make a statement in a clear and 

6 conspicuous manner if it is difficult to read or hear 

7 or if the placement is easily overlooked.’’. 

8 (b) SPECIAL RULES FOR QUALIFIED INTERNET OR

9 DIGITAL COMMUNICATIONS.— 

10 (1) IN GENERAL.—Section 318 of such Act (52 

11 U.S.C. 30120) is amended by adding at the end the 

12 following new subsection: 

13 ‘‘(e) SPECIAL RULES FOR QUALIFIED INTERNET OR

14 DIGITAL COMMUNICATIONS.— 

15 ‘‘(1) SPECIAL RULES WITH RESPECT TO STATE16 MENTS.—In the case of any qualified internet or 

17 digital communication (as defined in section 

18 304(f)(3)(D)) which is disseminated through a me19 dium in which the provision of all of the information 

20 specified in this section is not possible, the commu21 nication shall, in a clear and conspicuous manner— 

22 ‘‘(A) state the name of the person who 

23 paid for the communication; and 

24 ‘‘(B) provide a means for the recipient of 

25 the communication to obtain the remainder of 


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1 the information required under this section with 

2 minimal effort and without receiving or viewing 

3 any additional material other than such re4 quired information. 

5 ‘‘(2) SAFE HARBOR FOR DETERMINING CLEAR

6 AND CONSPICUOUS MANNER.—A statement in quali7 fied internet or digital communication (as defined in 

8 section 304(f)(3)(D)) shall be considered to be made 

9 in a clear and conspicuous manner as provided in 

10 subsection (a) if the communication meets the fol11 lowing requirements: 

12 ‘‘(A) TEXT OR GRAPHIC COMMUNICA13 TIONS.—In the case of a text or graphic com14 munication, the statement— 

15 ‘‘(i) appears in letters at least as large 

16 as the majority of the text in the commu17 nication; and 

18 ‘‘(ii) meets the requirements of para19 graphs (2) and (3) of subsection (c). 

20 ‘‘(B) AUDIO COMMUNICATIONS.—In the 

21 case of an audio communication, the statement 

22 is spoken in a clearly audible and intelligible 

23 manner at the beginning or end of the commu24 nication and lasts at least 3 seconds. 


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1 ‘‘(C) VIDEO COMMUNICATIONS.—In the 

2 case of a video communication which also in3 cludes audio, the statement— 

4 ‘‘(i) is included at either the beginning 

5 or the end of the communication; and 

6 ‘‘(ii) is made both in— 

7 ‘‘(I) a written format that meets 

8 the requirements of subparagraph (A) 

9 and appears for at least 4 seconds; 

10 and 

11 ‘‘(II) an audible format that 

12 meets the requirements of subpara13 graph (B). 

14 ‘‘(D) OTHER COMMUNICATIONS.—In the 

15 case of any other type of communication, the 

16 statement is at least as clear and conspicuous 

17 as the statement specified in subparagraph (A), 

18 (B), or (C).’’. 

19 (2) NONAPPLICATION OF CERTAIN EXCEP20 TIONS.—The exceptions provided in section 

21 110.11(f)(1)(i) and (ii) of title 11, Code of Federal 

22 Regulations, or any successor to such rules, shall 

23 have no application to qualified internet or digital 

24 communications (as defined in section 304(f)(3)(D) 

25 of the Federal Election Campaign Act of 1971). 


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1 (c) MODIFICATION OF ADDITIONAL REQUIREMENTS

2 FOR CERTAIN COMMUNICATIONS.—Section 318(d) of such 

3 Act (52 U.S.C. 30120(d)) is amended— 

4 (1) in paragraph (1)(A)— 

5 (A) by striking ‘‘which is transmitted 

6 through radio’’ and inserting ‘‘which is in an 

7 audio format’’; and 

8 (B) by striking ‘‘BY RADIO’’ in the heading 

9 and inserting ‘‘AUDIO FORMAT’’; 

10 (2) in paragraph (1)(B)— 

11 (A) by striking ‘‘which is transmitted 

12 through television’’ and inserting ‘‘which is in 

13 video format’’; and 

14 (B) by striking ‘‘BY TELEVISION’’ in the 

15 heading and inserting ‘‘VIDEO FORMAT’’; and 

16 (3) in paragraph (2)— 

17 (A) by striking ‘‘transmitted through radio 

18 or television’’ and inserting ‘‘made in audio or 

19 video format’’; and 

20 (B) by striking ‘‘through television’’ in the 

21 second sentence and inserting ‘‘in video for22 mat’’. 


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1 SEC. 4208. POLITICAL RECORD REQUIREMENTS FOR ON2 LINE PLATFORMS. 

3 (a) IN GENERAL.—Section 304 of the Federal Elec4 tion Campaign Act of 1971 (52 U.S.C. 30104), as amend5 ed by section 4002, is amended by adding at the end the 

6 following new subsection: 

7 ‘‘(k) DISCLOSURE OF CERTAIN ONLINE ADVERTISE8 MENTS.— 

9 ‘‘(1) IN GENERAL.— 

10 ‘‘(A) REQUIREMENTS FOR ONLINE PLAT11 FORMS.—An online platform shall maintain, 

12 and make available for online public inspection 

13 in machine readable format, a complete record 

14 of any request to purchase on such online plat15 form a qualified political advertisement which is 

16 made by a person whose aggregate requests to 

17 purchase qualified political advertisements on 

18 such online platform during the calendar year 

19 exceeds $500. 

20 ‘‘(B) REQUIREMENTS FOR ADVER21 TISERS.—Any person who requests to purchase 

22 a qualified political advertisement on an online 

23 platform shall provide the online platform with 

24 such information as is necessary for the online 

25 platform to comply with the requirements of 

26 subparagraph (A). 


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1 ‘‘(2) CONTENTS OF RECORD.—A record main2 tained under paragraph (1)(A) shall contain— 

3 ‘‘(A) a digital copy of the qualified political 

4 advertisement; 

5 ‘‘(B) a description of the audience targeted 

6 by the advertisement, the number of views gen7 erated from the advertisement, and the date 

8 and time that the advertisement is first dis9 played and last displayed; and 

10 ‘‘(C) information regarding— 

11 ‘‘(i) the average rate charged for the 

12 advertisement; 

13 ‘‘(ii) the name of the candidate to 

14 which the advertisement refers and the of15 fice to which the candidate is seeking elec16 tion, the election to which the advertise17 ment refers, or the national legislative 

18 issue to which the advertisement refers (as 

19 applicable); 

20 ‘‘(iii) in the case of a request made 

21 by, or on behalf of, a candidate, the name 

22 of the candidate, the authorized committee 

23 of the candidate, and the treasurer of such 

24 committee; and 


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1 ‘‘(iv) in the case of any request not 

2 described in clause (iii), the name of the 

3 person purchasing the advertisement, the 

4 name and address of a contact person for 

5 such person, and a list of the chief execu6 tive officers or members of the executive 

7 committee or of the board of directors of 

8 such person, and, if the person purchasing 

9 the advertisement is acting as the agent of 

10 a foreign principal under the Foreign 

11 Agents Registration Act of 1938, as 

12 amended (22 U.S.C. 611 et seq.), a state13 ment that the person is acting as the agent 

14 of a foreign principal and the identification 

15 of the foreign principal involved. 

16 ‘‘(3) ONLINE PLATFORM.—For purposes of this 

17 subsection, the term ‘online platform’ means any 

18 public-facing website, web application, or digital ap19 plication (including a social network, ad network, or 

20 search engine) which— 

21 ‘‘(A) sells qualified political advertise22 ments; and 

23 ‘‘(B) has 50,000,000 or more unique 

24 monthly United States visitors or users for a 


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1 majority of months during the preceding 12 

2 months. 

3 ‘‘(4) QUALIFIED POLITICAL ADVERTISEMENT.— 

4 For purposes of this subsection, the term ‘qualified 

5 political advertisement’ means any advertisement 

6 (including search engine marketing, display adver7 tisements, video advertisements, native advertise8 ments, and sponsorships) that— 

9 ‘‘(A) is made by or on behalf of a can10 didate; or 

11 ‘‘(B) communicates a message relating to 

12 any political matter of national importance, in13 cluding— 

14 ‘‘(i) a candidate; 

15 ‘‘(ii) any election to Federal office; or 

16 ‘‘(iii) a national legislative issue of 

17 public importance. 

18 ‘‘(5) TIME TO MAINTAIN FILE.—The informa19 tion required under this subsection shall be made 

20 available as soon as possible and shall be retained by 

21 the online platform for a period of not less than 4 

22 years. 

23 ‘‘(6) SAFE HARBOR FOR PLATFORMS MAKING

24 BEST EFFORTS TO IDENTIFY REQUESTS WHICH ARE

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1 MENTS.—In accordance with rules established by the 

2 Commission, if an online platform shows that the 

3 platform used best efforts to determine whether or 

4 not a request to purchase a qualified political adver5 tisement was subject to the requirements of this sub6 section, the online platform shall not be considered 

7 to be in violation of such requirements. 

8 ‘‘(7) PENALTIES.—For penalties for failure by 

9 online platforms, and persons requesting to purchase 

10 a qualified political advertisement on online plat11 forms, to comply with the requirements of this sub12 section, see section 309.’’. 

13 (b) RULEMAKING.—Not later than 120 days after the 

14 date of the enactment of this Act, the Federal Election 

15 Commission shall establish rules— 

16 (1) requiring common data formats for the 

17 record required to be maintained under section 

18 304(k) of the Federal Election Campaign Act of 

19 1971 (as added by subsection (a)) so that all online 

20 platforms submit and maintain data online in a com21 mon, machine-readable and publicly accessible for22 mat; 

23 (2) establishing search interface requirements 

24 relating to such record, including searches by can25 didate name, issue, purchaser, and date; and 


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1 (3) establishing the criteria for the safe harbor 

2 exception provided under paragraph (6) of section 

3 304(k) of such Act (as added by subsection (a)). 

4 (c) REPORTING.—Not later than 2 years after the 

5 date of the enactment of this Act, and biannually there6 after, the Chairman of the Federal Election Commission 

7 shall submit a report to Congress on— 

8 (1) matters relating to compliance with and the 

9 enforcement of the requirements of section 304(k) of 

10 the Federal Election Campaign Act of 1971, as 

11 added by subsection (a); 

12 (2) recommendations for any modifications to 

13 such section to assist in carrying out its purposes; 

14 and 

15 (3) identifying ways to bring transparency and 

16 accountability to political advertisements distributed 

17 online for free. 

18 SEC. 4209. PREVENTING CONTRIBUTIONS, EXPENDITURES, 

19 INDEPENDENT EXPENDITURES, AND DIS20 BURSEMENTS FOR ELECTIONEERING COM21 MUNICATIONS BY FOREIGN NATIONALS IN 

22 THE FORM OF ONLINE ADVERTISING. 

23 Section 319 of the Federal Election Campaign Act 

24 of 1971 (52 U.S.C. 30121), as amended by section 


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1 4101(b), is further amended by adding at the end the fol2 lowing new subsection: 

3 ‘‘(d) RESPONSIBILITIES OF BROADCAST STATIONS, 

4 PROVIDERS OF CABLE AND SATELLITE TELEVISION, AND

5 ONLINE PLATFORMS.— 

6 ‘‘(1) RESPONSIBILITIES DESCRIBED.—Each tel7 evision or radio broadcast station, provider of cable 

8 or satellite television, or online platform (as defined 

9 in section 304(k)(3)) shall make reasonable efforts 

10 to ensure that communications described in section 

11 318(a) and made available by such station, provider, 

12 or platform are not purchased by a foreign national, 

13 directly or indirectly. For purposes of the previous 

14 sentence, a station, provider, or online platform shall 

15 not be considered to have made reasonable efforts 

16 under this paragraph in the case of the availability 

17 of a communication unless the station, provider, or 

18 online platform directly inquires from the individual 

19 or entity making such purchase whether the pur20 chase is to be made by a foreign national, directly 

21 or indirectly. 

22 ‘‘(2) SPECIAL RULES FOR DISBURSEMENT PAID

23 WITH CREDIT CARD.—For purposes of paragraph 

24 (1), a television or radio broadcast station, provider 

25 of cable or satellite television, or online platform 


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1 shall be considered to have made reasonable efforts 

2 under such paragraph in the case of a purchase of 

3 the availability of a communication which is made 

4 with a credit card if— 

5 ‘‘(A) the individual or entity making such 

6 purchase is required, at the time of making 

7 such purchase, to disclose the credit verification 

8 value of such credit card; and 

9 ‘‘(B) the billing address associated with 

10 such credit card is located in the United States 

11 or, in the case of a purchase made by an indi12 vidual who is a United States citizen living out13 side of the United States, the individual pro14 vides the television or radio broadcast station, 

15 provider of cable or satellite television, or online 

16 platform with the United States mailing ad17 dress the individual uses for voter registration 

18 purposes.’’. 

19 SEC. 4210. INDEPENDENT STUDY ON MEDIA LITERACY AND 

20 ONLINE POLITICAL CONTENT CONSUMPTION. 

21 (a) INDEPENDENT STUDY.—Not later than 30 days 

22 after the date of enactment of this Act, the Federal Elec23 tion Commission shall commission an independent study 

24 and report on media literacy with respect to online polit25 ical content consumption among voting-age Americans. 


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1 (b) ELEMENTS.—The study and report under sub2 section (a) shall include the following: 

3 (1) An evaluation of media literacy skills, such 

4 as the ability to evaluate sources, synthesize multiple 

5 accounts into a coherent understanding of an issue, 

6 understand the context of communications, and re7 sponsibly create and share information, among vot8 ing-age Americans. 

9 (2) An analysis of the effects of media literacy 

10 education and particular media literacy skills on the 

11 ability to critically consume online political content, 

12 including political advertising. 

13 (3) Recommendations for improving voting-age 

14 Americans’ ability to critically consume online polit15 ical content, including political advertising. 

16 (c) DEADLINE.—Not later than 270 days after the 

17 date of enactment of this Act, the entity conducting the 

18 study and report under subsection (a) shall submit the re19 port to the Commission. 

20 (d) SUBMISSION TO CONGRESS.—Not later than 30 

21 days after receiving the report under subsection (c), the 

22 Commission shall submit the report to the Committee on 

23 House Administration of the House of Representatives 

24 and the Committee on Rules and Administration of the 


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1 Senate, together with such comments on the report as the 

2 Commission considers appropriate. 

3 (e) DEFINITION OF MEDIA LITERACY.—The term 

4 ‘‘media literacy’’ means the ability to— 

5 (1) access relevant and accurate information 

6 through media; 

7 (2) critically analyze media content and the in8 fluences of media; 

9 (3) evaluate the comprehensiveness, relevance, 

10 credibility, authority, and accuracy of information; 

11 (4) make educated decisions based on informa12 tion obtained from media and digital sources; 

13 (5) operate various forms of technology and 

14 digital tools; and 

15 (6) reflect on how the use of media and tech16 nology may affect private and public life. 

17 Subtitle D—Stand By Every Ad 

18 SEC. 4301. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘Stand By Every 

20 Ad Act’’. 

21 SEC. 4302. STAND BY EVERY AD. 

22 (a) EXPANDED DISCLAIMER REQUIREMENTS FOR

23 CERTAIN COMMUNICATIONS.—Section 318 of the Federal 

24 Election Campaign Act of 1971 (52 U.S.C. 30120), as 

25 amended by section 4207(b)(1), is further amended— 


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1 (1) by redesignating subsection (e) as sub2 section (f); and 

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

5 ‘‘(e) EXPANDED DISCLAIMER REQUIREMENTS FOR

6 COMMUNICATIONS NOT AUTHORIZED BY CANDIDATES OR

7 COMMITTEES.— 

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (6), any communication described in para10 graph (3) of subsection (a) which is transmitted in 

11 an audio or video format (including an Internet or 

12 digital communication), or which is an Internet or 

13 digital communication transmitted in a text or 

14 graphic format, shall include, in addition to the re15 quirements of paragraph (3) of subsection (a), the 

16 following: 

17 ‘‘(A) The individual disclosure statement 

18 described in paragraph (2)(A) (if the person 

19 paying for the communication is an individual) 

20 or the organizational disclosure statement de21 scribed in paragraph (2)(B) (if the person pay22 ing for the communication is not an individual). 

23 ‘‘(B) If the communication is transmitted 

24 in a video format, or is an Internet or digital 

25 communication which is transmitted in a text or 


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1 graphic format, and is paid for in whole or in 

2 part with a payment which is treated as a cam3 paign-related disbursement under section 324— 

4 ‘‘(i) the Top Five Funders list (if ap5 plicable); or 

6 ‘‘(ii) in the case of a communication 

7 which, as determined on the basis of cri8 teria established in regulations issued by 

9 the Commission, is of such short duration 

10 that including the Top Five Funders list in 

11 the communication would constitute a 

12 hardship to the person paying for the com13 munication by requiring a disproportionate 

14 amount of the content of the communica15 tion to consist of the Top Five Funders 

16 list, the name of a website which contains 

17 the Top Five Funders list (if applicable) 

18 or, in the case of an Internet or digital 

19 communication, a hyperlink to such 

20 website. 

21 ‘‘(C) If the communication is transmitted 

22 in an audio format and is paid for in whole or 

23 in part with a payment which is treated as a 

24 campaign-related disbursement under section 

25 324— 


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1 ‘‘(i) the Top Two Funders list (if ap2 plicable); or 

3 ‘‘(ii) in the case of a communication 

4 which, as determined on the basis of cri5 teria established in regulations issued by 

6 the Commission, is of such short duration 

7 that including the Top Two Funders list in 

8 the communication would constitute a 

9 hardship to the person paying for the com10 munication by requiring a disproportionate 

11 amount of the content of the communica12 tion to consist of the Top Two Funders 

13 list, the name of a website which contains 

14 the Top Two Funders list (if applicable). 

15 ‘‘(2) DISCLOSURE STATEMENTS DESCRIBED.— 

16 ‘‘(A) INDIVIDUAL DISCLOSURE STATE17 MENTS.—The individual disclosure statement 

18 described in this subparagraph is the following: 

19 ‘I am llllllll, and I approve this 

20 message.’, with the blank filled in with the 

21 name of the applicable individual. 

22 ‘‘(B) ORGANIZATIONAL DISCLOSURE

23 STATEMENTS.—The organizational disclosure 

24 statement described in this subparagraph is the 

25 following: ‘I am llllllll, the 


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1 llllllll of llllllll, and 

2 llllllll approves this message.’, 

3 with— 

4 ‘‘(i) the first blank to be filled in with 

5 the name of the applicable individual; 

6 ‘‘(ii) the second blank to be filled in 

7 with the title of the applicable individual; 

8 and 

9 ‘‘(iii) the third and fourth blank each 

10 to be filled in with the name of the organi11 zation or other person paying for the com12 munication. 

13 ‘‘(3) METHOD OF CONVEYANCE OF STATE14 MENT.— 

15 ‘‘(A) COMMUNICATIONS IN TEXT OR

16 GRAPHIC FORMAT.—In the case of a commu17 nication to which this subsection applies which 

18 is transmitted in a text or graphic format, the 

19 disclosure statements required under paragraph 

20 (1) shall appear in letters at least as large as 

21 the majority of the text in the communication. 

22 ‘‘(B) COMMUNICATIONS TRANSMITTED IN

23 AUDIO FORMAT.—In the case of a communica24 tion to which this subsection applies which is 

25 transmitted in an audio format, the disclosure 


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1 statements required under paragraph (1) shall 

2 be made by audio by the applicable individual 

3 in a clear and conspicuous manner. 

4 ‘‘(C) COMMUNICATIONS TRANSMITTED IN

5 VIDEO FORMAT.—In the case of a communica6 tion to which this subsection applies which is 

7 transmitted in a video format, the information 

8 required under paragraph (1)— 

9 ‘‘(i) shall appear in writing at the end 

10 of the communication or in a crawl along 

11 the bottom of the communication in a clear 

12 and conspicuous manner, with a reasonable 

13 degree of color contrast between the back14 ground and the printed statement, for a 

15 period of at least 6 seconds; and 

16 ‘‘(ii) shall also be conveyed by an 

17 unobscured, full-screen view of the applica18 ble individual or by the applicable indi19 vidual making the statement in voice-over 

20 accompanied by a clearly identifiable pho21 tograph or similar image of the individual, 

22 except in the case of a Top Five Funders 

23 list. 


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1 ‘‘(4) APPLICABLE INDIVIDUAL DEFINED.—The 

2 term ‘applicable individual’ means, with respect to a 

3 communication to which this subsection applies— 

4 ‘‘(A) if the communication is paid for by 

5 an individual, the individual involved; 

6 ‘‘(B) if the communication is paid for by a 

7 corporation, the chief executive officer of the 

8 corporation (or, if the corporation does not have 

9 a chief executive officer, the highest ranking of10 ficial of the corporation); 

11 ‘‘(C) if the communication is paid for by a 

12 labor organization, the highest ranking officer 

13 of the labor organization; and 

14 ‘‘(D) if the communication is paid for by 

15 any other person, the highest ranking official of 

16 such person. 

17 ‘‘(5) TOP FIVE FUNDERS LIST AND TOP TWO

18 FUNDERS LIST DEFINED.— 

19 ‘‘(A) TOP FIVE FUNDERS LIST.—The term 

20 ‘Top Five Funders list’ means, with respect to 

21 a communication which is paid for in whole or 

22 in part with a campaign-related disbursement 

23 (as defined in section 324), a list of the five 

24 persons who, during the 12-month period end25 ing on the date of the disbursement, provided 


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1 the largest payments of any type in an aggre2 gate amount equal to or exceeding $10,000 to 

3 the person who is paying for the communication 

4 and the amount of the payments each such per5 son provided. If two or more people provided 

6 the fifth largest of such payments, the person 

7 paying for the communication shall select one of 

8 those persons to be included on the Top Five 

9 Funders list. 

10 ‘‘(B) TOP TWO FUNDERS LIST.—The term 

11 ‘Top Two Funders list’ means, with respect to 

12 a communication which is paid for in whole or 

13 in part with a campaign-related disbursement 

14 (as defined in section 324), a list of the persons 

15 who, during the 12-month period ending on the 

16 date of the disbursement, provided the largest 

17 and the second largest payments of any type in 

18 an aggregate amount equal to or exceeding 

19 $10,000 to the person who is paying for the 

20 communication and the amount of the pay21 ments each such person provided. If two or 

22 more persons provided the second largest of 

23 such payments, the person paying for the com24 munication shall select one of those persons to 

25 be included on the Top Two Funders list. 


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1 ‘‘(C) EXCLUSION OF CERTAIN PAY2 MENTS.—For purposes of subparagraphs (A) 

3 and (B), in determining the amount of pay4 ments made by a person to a person paying for 

5 a communication, there shall be excluded the 

6 following: 

7 ‘‘(i) Any amounts provided in the or8 dinary course of any trade or business con9 ducted by the person paying for the com10 munication or in the form of investments 

11 in the person paying for the communica12 tion. 

13 ‘‘(ii) Any payment which the person 

14 prohibited, in writing, from being used for 

15 campaign-related disbursements, but only 

16 if the person paying for the communication 

17 agreed to follow the prohibition and depos18 ited the payment in an account which is 

19 segregated from any account used to make 

20 campaign-related disbursements. 

21 ‘‘(6) SPECIAL RULES FOR CERTAIN COMMU22 NICATIONS.— 

23 ‘‘(A) EXCEPTION FOR COMMUNICATIONS

24 PAID FOR BY POLITICAL PARTIES AND CERTAIN

25 POLITICAL COMMITTEES.—This subsection does 


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1 not apply to any communication to which sub2 section (d)(2) applies. 

3 ‘‘(B) TREATMENT OF VIDEO COMMUNICA4 TIONS LASTING 10 SECONDS OR LESS.—In the 

5 case of a communication to which this sub6 section applies which is transmitted in a video 

7 format, or is an Internet or digital communica8 tion which is transmitted in a text or graphic 

9 format, the communication shall meet the fol10 lowing requirements: 

11 ‘‘(i) The communication shall include 

12 the individual disclosure statement de13 scribed in paragraph (2)(A) (if the person 

14 paying for the communication is an indi15 vidual) or the organizational disclosure 

16 statement described in paragraph (2)(B) 

17 (if the person paying for the communica18 tion is not an individual). 

19 ‘‘(ii) The statement described in 

20 clause (i) shall appear in writing at the 

21 end of the communication, or in a crawl 

22 along the bottom of the communication, in 

23 a clear and conspicuous manner, with a 

24 reasonable degree of color contrast between 


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1 the background and the printed statement, 

2 for a period of at least 4 seconds. 

3 ‘‘(iii) The communication shall in4 clude, in a clear and conspicuous manner, 

5 a website address with a landing page 

6 which will provide all of the information 

7 described in paragraph (1) with respect to 

8 the communication. Such address shall ap9 pear for the full duration of the commu10 nication. 

11 ‘‘(iv) To the extent that the format in 

12 which the communication is made permits 

13 the use of a hyperlink, the communication 

14 shall include a hyperlink to the website ad15 dress described in clause (iii).’’. 

16 (b) APPLICATION OF EXPANDED REQUIREMENTS TO

17 PUBLIC COMMUNICATIONS CONSISTING OF CAMPAIGN18 RELATED DISBURSEMENTS.— 

19 (1) IN GENERAL.—Section 318(a) of such Act 

20 (52 U.S.C. 30120(a)) is amended by striking ‘‘for 

21 the purpose of financing communications expressly 

22 advocating the election or defeat of a clearly identi23 fied candidate’’ and inserting ‘‘for a campaign-re24 lated disbursement, as defined in section 324, con25 sisting of a public communication’’. 


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1 (2) CLARIFICATION OF EXEMPTION FROM IN2 CLUSION OF CANDIDATE DISCLAIMER STATEMENT IN

3 FEDERAL JUDICIAL NOMINATION COMMUNICA4 TIONS.—Section 318(a)(3) of such Act (52 U.S.C. 

5 30120(a)(3)) is amended by striking ‘‘shall state’’ 

6 and inserting ‘‘shall (except in the case of a Federal 

7 judicial nomination communication, as defined in 

8 section 324(d)(2)) state’’. 

9 (c) EXCEPTION FOR COMMUNICATIONS PAID FOR BY

10 POLITICAL PARTIES AND CERTAIN POLITICAL COMMIT11 TEES.—Section 318(d)(2) of such Act (52 U.S.C. 

12 30120(d)(2)) is amended— 

13 (1) in the heading, by striking ‘‘OTHERS’’ and 

14 inserting ‘‘CERTAIN POLITICAL COMMITTEES’’; 

15 (2) by striking ‘‘Any communication’’ and in16 serting ‘‘(A) Any communication’’; 

17 (3) by inserting ‘‘which (except to the extent 

18 provided in subparagraph (B)) is paid for by a polit19 ical committee (including a political committee of a 

20 political party) and’’ after ‘‘subsection (a)’’; 

21 (4) by striking ‘‘or other person’’ each place it 

22 appears; and 

23 (5) by adding at the end the following new sub24 paragraph: 


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1 ‘‘(B)(i) This paragraph does not apply to a 

2 communication paid for in whole or in part during 

3 a calendar year with a campaign-related disburse4 ment, but only if the covered organization making 

5 the campaign-related disbursement made campaign6 related disbursements (as defined in section 324) ag7 gregating more than $10,000 during such calendar 

8 year. 

9 ‘‘(ii) For purposes of clause (i), in determining 

10 the amount of campaign-related disbursements made 

11 by a covered organization during a year, there shall 

12 be excluded the following: 

13 ‘‘(I) Any amounts received by the covered 

14 organization in the ordinary course of any trade 

15 or business conducted by the covered organiza16 tion or in the form of investments in the cov17 ered organization. 

18 ‘‘(II) Any amounts received by the covered 

19 organization from a person who prohibited, in 

20 writing, the organization from using such 

21 amounts for campaign-related disbursements, 

22 but only if the covered organization agreed to 

23 follow the prohibition and deposited the 

24 amounts in an account which is segregated 


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1 from any account used to make campaign-re2 lated disbursements.’’. 

3 SEC. 4303. DISCLAIMER REQUIREMENTS FOR COMMUNICA4 TIONS MADE THROUGH PRERECORDED TELE5 PHONE CALLS. 

6 (a) APPLICATION OF REQUIREMENTS.— 

7 (1) IN GENERAL.—Section 318(a) of the Fed8 eral Election Campaign Act of 1971 (52 U.S.C. 

9 30120(a)), as amended by section 4205(c), is 

10 amended by striking ‘‘public communication’’ each 

11 place it appears and inserting the following: ‘‘public 

12 communication (including a telephone call consisting 

13 in substantial part of a prerecorded audio mes14 sage)’’. 

15 (2) APPLICATION TO COMMUNICATIONS SUB16 JECT TO EXPANDED DISCLAIMER REQUIREMENTS.— 

17 Section 318(e)(1) of such Act (52 U.S.C. 

18 30120(e)(1)), as added by section 4302(a), is 

19 amended in the matter preceding subparagraph (A) 

20 by striking ‘‘which is transmitted in an audio or 

21 video format’’ and inserting ‘‘which is transmitted in 

22 an audio or video format or which consists of a tele23 phone call consisting in substantial part of a 

24 prerecorded audio message’’. 


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1 (b) TREATMENT AS COMMUNICATION TRANSMITTED

2 IN AUDIO FORMAT.— 

3 (1) COMMUNICATIONS BY CANDIDATES OR AU4 THORIZED PERSONS.—Section 318(d) of such Act 

5 (52 U.S.C. 30120(d)) is amended by adding at the 

6 end the following new paragraph: 

7 ‘‘(3) PRERECORDED TELEPHONE CALLS.—Any 

8 communication described in paragraph (1), (2), or 

9 (3) of subsection (a) (other than a communication 

10 which is subject to subsection (e)) which is a tele11 phone call consisting in substantial part of a 

12 prerecorded audio message shall include, in addition 

13 to the requirements of such paragraph, the audio 

14 statement required under subparagraph (A) of para15 graph (1) or the audio statement required under 

16 paragraph (2) (whichever is applicable), except that 

17 the statement shall be made at the beginning of the 

18 telephone call.’’. 

19 (2) COMMUNICATIONS SUBJECT TO EXPANDED

20 DISCLAIMER REQUIREMENTS.—Section 318(e)(3) of 

21 such Act (52 U.S.C. 30120(e)(3)), as added by sec22 tion 4302(a), is amended by adding at the end the 

23 following new subparagraph: 

24 ‘‘(D) PRERECORDED TELEPHONE

25 CALLS.—In the case of a communication to 


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1 which this subsection applies which is a tele2 phone call consisting in substantial part of a 

3 prerecorded audio message, the communication 

4 shall be considered to be transmitted in an 

5 audio format.’’. 

6 SEC. 4304. NO EXPANSION OF PERSONS SUBJECT TO DIS7 CLAIMER REQUIREMENTS ON INTERNET 

8 COMMUNICATIONS. 

9 Nothing in this subtitle or the amendments made by 

10 this subtitle may be construed to require any person who 

11 is not required under section 318 of the Federal Election 

12 Campaign Act of 1971 to include a disclaimer on commu13 nications made by the person through the internet to in14 clude any disclaimer on any such communications. 

15 SEC. 4305. EFFECTIVE DATE. 

16 The amendments made by this subtitle shall apply 

17 with respect to communications made on or after January 

18 1, 2022, and shall take effect without regard to whether 

19 or not the Federal Election Commission has promulgated 

20 regulations to carry out such amendments. 


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1 Subtitle E—Deterring Foreign 

2 Interference in Elections 

3 PART 1—DETERRENCE UNDER FEDERAL 

4 ELECTION CAMPAIGN ACT OF 1971 

5 SEC. 4401. RESTRICTIONS ON EXCHANGE OF CAMPAIGN IN6 FORMATION BETWEEN CANDIDATES AND 

7 FOREIGN POWERS. 

8 Section 319 of the Federal Election Campaign Act 

9 of 1971 (52 U.S.C. 30121), as amended by section 

10 4101(b) and section 4209, is further amended by adding 

11 at the end the following new subsection: 

12 ‘‘(e) RESTRICTIONS ON EXCHANGE OF INFORMATION

13 BETWEEN CANDIDATES AND FOREIGN POWERS.— 

14 ‘‘(1) TREATMENT OF OFFER TO SHARE NON15 PUBLIC CAMPAIGN MATERIAL AS SOLICITATION OF

16 CONTRIBUTION FROM FOREIGN NATIONAL.—If a 

17 candidate or an individual affiliated with the cam18 paign of a candidate, or if a political committee or 

19 an individual affiliated with a political committee, 

20 provides or offers to provide nonpublic campaign 

21 material to a covered foreign national or to another 

22 person whom the candidate, committee, or individual 

23 knows or has reason to know will provide the mate24 rial to a covered foreign national, the candidate, 

25 committee, or individual (as the case may be) shall 


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1 be considered for purposes of this section to have so2 licited a contribution or donation described in sub3 section (a)(1)(A) from a foreign national. 

4 ‘‘(2) DEFINITIONS.—In this subsection, the fol5 lowing definitions apply: 

6 ‘‘(A) The term ‘candidate’ means an indi7 vidual who seeks nomination for, or election to, 

8 any Federal, State, or local public office. 

9 ‘‘(B) The term ‘covered foreign national’ 

10 has the meaning given such term in section 

11 304(j)(3)(C). 

12 ‘‘(C) The term ‘individual affiliated with a 

13 campaign’ means, with respect to a candidate, 

14 an employee of any organization legally author15 ized under Federal, State, or local law to sup16 port the candidate’s campaign for nomination 

17 for, or election to, any Federal, State, or local 

18 public office, as well as any independent con19 tractor of such an organization and any indi20 vidual who performs services on behalf of the 

21 organization, whether paid or unpaid. 

22 ‘‘(D) The term ‘individual affiliated with a 

23 political committee’ means, with respect to a 

24 political committee, an employee of the com25 mittee as well as any independent contractor of 


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1 the committee and any individual who performs 

2 services on behalf of the committee, whether 

3 paid or unpaid. 

4 ‘‘(E) The term ‘nonpublic campaign mate5 rial’ means, with respect to a candidate or a po6 litical committee, campaign material that is 

7 produced by the candidate or the committee or 

8 produced at the candidate or committee’s ex9 pense or request which is not distributed or 

10 made available to the general public or other11 wise in the public domain, including polling and 

12 focus group data and opposition research, ex13 cept that such term does not include material 

14 produced for purposes of consultations relating 

15 solely to the candidate’s or committee’s position 

16 on a legislative or policy matter.’’. 

17 SEC. 4402. CLARIFICATION OF STANDARD FOR DETER18 MINING EXISTENCE OF COORDINATION BE19 TWEEN CAMPAIGNS AND OUTSIDE INTER20 ESTS. 

21 Section 315(a) of the Federal Election Campaign Act 

22 of 1971 (52 U.S.C. 30116(a)) is amended by adding at 

23 the end the following new paragraph: 

24 ‘‘(10) For purposes of paragraph (7), an expenditure 

25 or disbursement may be considered to have been made in 


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1 cooperation, consultation, or concert with, or coordinated 

2 with, a person without regard to whether or not the co3 operation, consultation, or coordination is carried out pur4 suant to agreement or formal collaboration.’’. 

5 SEC. 4403. PROHIBITION ON PROVISION OF SUBSTANTIAL 

6 ASSISTANCE RELATING TO CONTRIBUTION 

7 OR DONATION BY FOREIGN NATIONALS. 

8 Section 319 of the Federal Election Campaign Act 

9 of 1971 (52 U.S.C. 30121), as amended by section 

10 4101(a), section 4101(b), section 4209, and section 4401, 

11 is further amended— 

12 (1) in subsection (a)— 

13 (A) by striking ‘‘or’’ at the end of para14 graph (2); 

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

16 paragraph (3) and inserting ‘‘; or’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(4) a person to knowingly provide substantial 

19 assistance to another person in carrying out an ac20 tivity described in paragraph (1), (2), or (3).’’; and 

21 (2) by adding at the end the following new sub22 sections: 

23 ‘‘(f) KNOWINGLY DESCRIBED.— 

24 ‘‘(1) IN GENERAL.—For purposes of subsection 

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1 edge, constructive knowledge, awareness of pertinent 

2 facts that would lead a reasonable person to con3 clude there is a substantial probability, or awareness 

4 of pertinent facts that would lead a reasonable per5 son to conduct a reasonable inquiry to establish— 

6 ‘‘(A) with respect to an activity described 

7 in subsection (a)(1), that the contribution, do8 nation, expenditure, independent expenditure, 

9 or disbursement is from a foreign national; 

10 ‘‘(B) with respect to an activity described 

11 in subsection (a)(2), that the contribution or 

12 donation solicited, accepted, or received is from 

13 a foreign national; and 

14 ‘‘(C) with respect to an activity described 

15 in subsection (a)(3), that the person directing, 

16 dictating, controlling, or directly or indirectly 

17 participating in the decisionmaking process is a 

18 foreign national. 

19 ‘‘(2) PERTINENT FACTS.—For purposes of 

20 paragraph (1), pertinent facts include, but are not 

21 limited to, that the person making the contribution, 

22 donation, expenditure, independent expenditure, or 

23 disbursement, or that the person from whom the 

24 contribution or donation is solicited, accepted, or re25 ceived, or that the person directing, dictating, conVerDate Sep 11 2014 18:47 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00504 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

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1 trolling, or directly or indirectly participating in the 

2 decisionmaking process— 

3 ‘‘(A) uses a foreign passport or passport 

4 number for identification purposes; 

5 ‘‘(B) provides a foreign address; 

6 ‘‘(C) uses a check or other written instru7 ment drawn on a foreign bank, or by a wire 

8 transfer from a foreign bank, in carrying out 

9 the activity; or 

10 ‘‘(D) resides abroad. 

11 ‘‘(g) SUBSTANTIAL ASSISTANCE DEFINED.—As used 

12 in this section, the term ‘substantial assistance’ means, 

13 with respect to an activity prohibited by paragraph (1), 

14 (2), or (3) of subsection (a), involvement with an intent 

15 to facilitate successful completion of the activity.’’. 

16 PART 2—INADMISSIBILITY AND DEPORTABILITY 

17 OF ALIENS ENGAGING IN IMPROPER ELEC18 TION INTERFERENCE 

19 SEC. 4411. INADMISSIBILITY AND DEPORTABILITY OF 

20 ALIENS ENGAGING IN IMPROPER INTER21 FERENCE IN UNITED STATES ELECTIONS. 

22 (a) INADMISSIBILITY.—Section 212(a)(3) of the Im23 migration and Nationality Act (8 U.S.C. 1182(a)(3)) is 

24 amended by adding at the end the following: 


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1 ‘‘(H) IMPROPER INTERFERENCE IN A

2 UNITED STATES ELECTION.—Any alien who a 

3 consular officer, the Secretary of Homeland Se4 curity, the Secretary of State, or the Attorney 

5 General knows, or has reasonable grounds to 

6 believe, is seeking admission to the United 

7 States to engage in improper interference in a 

8 United States election, or has engaged in im9 proper interference in a United States election, 

10 is inadmissible.’’. 

11 (b) DEPORTABILITY.—Section 237(a) of such Act (8 

12 U.S.C. 1227(a)) is amended by adding at the end the fol13 lowing: 

14 ‘‘(8) IMPROPER INTERFERENCE IN A UNITED

15 STATES ELECTION.—Any alien who has engaged, is 

16 engaged, or at any time after admission engages in 

17 improper interference in a United States election is 

18 deportable.’’. 

19 (c) DEFINITION.—Section 101(a) of such Act (8 

20 U.S.C. 1101(a)) is amended by adding at the end the fol21 lowing: 

22 ‘‘(53) The term ‘improper interference in a 

23 United States election’ means conduct by an alien 

24 that— 


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1 ‘‘(A)(i) violates Federal criminal, voting 

2 rights, or campaign finance law; or 

3 ‘‘(ii) is performed by any person acting as 

4 an agent of or on behalf of a foreign govern5 ment or criminal enterprise; and 

6 ‘‘(B) includes any covert, fraudulent, de7 ceptive, or unlawful act or attempted act, un8 dertaken with the purpose or effect of under9 mining public confidence in election processes 

10 or institutions, or influencing, undermining con11 fidence in, or altering the result or reported re12 sult of, a general or primary Federal, State, or 

13 local election or caucus, including— 

14 ‘‘(i) the campaign of a candidate; or 

15 ‘‘(ii) a ballot measure, including an 

16 amendment, a bond issue, an initiative, a 

17 recall, a referral, or a referendum.’’. 

18 PART 3—NOTIFYING STATES OF 

19 DISINFORMATION CAMPAIGNS BY FOREIGN 

20 NATIONALS 

21 SEC. 4421. 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 4—PROHIBITING USE OF DEEPFAKES IN 

10 ELECTION CAMPAIGNS 

11 SEC. 4431. 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 5—ASSESSMENT OF EXEMPTION OF REG2 ISTRATION REQUIREMENTS UNDER FARA 

3 FOR REGISTERED LOBBYISTS 

4 SEC. 4441. 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–lll) is hereby repealed. 

10 SEC. 4502. REPEAL OF REVENUE PROCEDURE THAT ELIMI11 NATED REQUIREMENT TO REPORT INFORMA12 TION REGARDING CONTRIBUTORS TO CER13 TAIN TAX-EXEMPT ORGANIZATIONS. 

14 Revenue Procedure 2018–38 shall have no force and 

15 effect. 

16 Subtitle 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–lll) 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 

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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 considered to meet the 

4 requirements of such paragraph if a majority of the 

5 number of the outstanding equity securities of the 

6 issuer are held by persons who are prohibited from 

7 expressing partisan or political preferences by law, 

8 contract, or the requirement to meet a fiduciary 

9 duty. 

10 ‘‘(3) NO ASSESSMENT OF PREFERENCES OF

11 FOREIGN NATIONALS.—Notwithstanding paragraph 

12 (1), an issuer described in such paragraph shall not 

13 use the procedures described in such paragraph to 

14 assess the preferences of any shareholder who is a 

15 foreign national, as defined in section 319 of the 

16 Federal Election Campaign Act of 1971 (52 U.S.C. 

17 30121). 

18 ‘‘(b) ASSESSMENT REQUIREMENTS.—The assess19 ment described under subsection (a) shall assess— 

20 ‘‘(1) which types of disbursements for a polit21 ical purpose the shareholder believes the issuer 

22 should make; 

23 ‘‘(2) whether the shareholder believes that such 

24 disbursements should be made in support of, or in 

25 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).’’. 

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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. 


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1 Subtitle H—Disclosure of Political 

2 Spending by Government Con3 tractors 

4 SEC. 4701. REPEAL OF RESTRICTION ON USE OF FUNDS TO 

5 REQUIRE DISCLOSURE OF POLITICAL SPEND6 ING BY GOVERNMENT CONTRACTORS. 

7 Section 735 of the Financial Services and General 

8 Government Appropriations Act, 2021 (division E of Pub9 lic Law 116–lll) is hereby repealed. 

10 Subtitle I—Limitation and Disclo11 sure Requirements for Presi12 dential Inaugural Committees 

13 SEC. 4801. SHORT TITLE. 

14 This subtitle may be cited as the ‘‘Presidential Inau15 gural Committee Oversight Act’’. 

16 SEC. 4802. LIMITATIONS AND DISCLOSURE OF CERTAIN DO17 NATIONS TO, AND DISBURSEMENTS BY, INAU18 GURAL COMMITTEES. 

19 (a) REQUIREMENTS FOR INAUGURAL COMMIT20 TEES.—Title III of the Federal Election Campaign Act 

21 of 1971 (52 U.S.C. 30101 et seq.), as amended by section 

22 4431, is amended by adding at the end the following new 

23 section: 

24 ‘‘SEC. 326. INAUGURAL COMMITTEES. 

25 ‘‘(a) PROHIBITED DONATIONS.— 


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1 ‘‘(1) IN GENERAL.—It shall be unlawful— 

2 ‘‘(A) for an Inaugural Committee— 

3 ‘‘(i) to solicit, accept, or receive a do4 nation from a person that is not an indi5 vidual; or 

6 ‘‘(ii) to solicit, accept, or receive a do7 nation from a foreign national; 

8 ‘‘(B) for a person— 

9 ‘‘(i) to make a donation to an Inau10 gural Committee in the name of another 

11 person, or to knowingly authorize his or 

12 her name to be used to effect such a dona13 tion; 

14 ‘‘(ii) to knowingly accept a donation 

15 to an Inaugural Committee made by a per16 son in the name of another person; or 

17 ‘‘(iii) to convert a donation to an In18 augural Committee to personal use as de19 scribed in paragraph (2); and 

20 ‘‘(C) for a foreign national to, directly or 

21 indirectly, make a donation, or make an express 

22 or implied promise to make a donation, to an 

23 Inaugural Committee. 

24 ‘‘(2) CONVERSION OF DONATION TO PERSONAL

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1 nation shall be considered to be converted to per2 sonal use if any part of the donated amount is used 

3 to fulfill a commitment, obligation, or expense of a 

4 person that would exist irrespective of the respon5 sibilities of the Inaugural Committee under chapter 

6 5 of title 36, United States Code. 

7 ‘‘(3) NO EFFECT ON DISBURSEMENT OF UN8 USED FUNDS TO NONPROFIT ORGANIZATIONS.— 

9 Nothing in this subsection may be construed to pro10 hibit an Inaugural Committee from disbursing un11 used funds to an organization which is described in 

12 section 501(c)(3) of the Internal Revenue Code of 

13 1986 and is exempt from taxation under section 

14 501(a) of such Code. 

15 ‘‘(b) LIMITATION ON DONATIONS.— 

16 ‘‘(1) IN GENERAL.—It shall be unlawful for an 

17 individual to make donations to an Inaugural Com18 mittee which, in the aggregate, exceed $50,000. 

19 ‘‘(2) INDEXING.—At the beginning of each 

20 Presidential election year (beginning with 2028), the 

21 amount described in paragraph (1) shall be in22 creased by the cumulative percent difference deter23 mined in section 315(c)(1)(A) since the previous 

24 Presidential election year. If any amount after such 


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1 increase is not a multiple of $1,000, such amount 

2 shall be rounded to the nearest multiple of $1,000. 

3 ‘‘(c) DISCLOSURE OF CERTAIN DONATIONS AND DIS4 BURSEMENTS.— 

5 ‘‘(1) DONATIONS OVER $1,000.— 

6 ‘‘(A) IN GENERAL.—An Inaugural Com7 mittee shall file with the Commission a report 

8 disclosing any donation by an individual to the 

9 committee in an amount of $1,000 or more not 

10 later than 24 hours after the receipt of such do11 nation. 

12 ‘‘(B) CONTENTS OF REPORT.—A report 

13 filed under subparagraph (A) shall contain— 

14 ‘‘(i) the amount of the donation; 

15 ‘‘(ii) the date the donation is received; 

16 and 

17 ‘‘(iii) the name and address of the in18 dividual making the donation. 

19 ‘‘(2) FINAL REPORT.—Not later than the date 

20 that is 90 days after the date of the Presidential in21 augural ceremony, the Inaugural Committee shall 

22 file with the Commission a report containing the fol23 lowing information: 

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1 gregate amount equal to or greater than 

2 $200— 

3 ‘‘(i) the amount of the donation; 

4 ‘‘(ii) the date the donation is received; 

5 and 

6 ‘‘(iii) the name and address of the in7 dividual making the donation. 

8 ‘‘(B) The total amount of all disburse9 ments, and all disbursements in the following 

10 categories: 

11 ‘‘(i) Disbursements made to meet 

12 committee operating expenses. 

13 ‘‘(ii) Repayment of all loans. 

14 ‘‘(iii) Donation refunds and other off15 sets to donations. 

16 ‘‘(iv) Any other disbursements. 

17 ‘‘(C) The name and address of each per18 son— 

19 ‘‘(i) to whom a disbursement in an ag20 gregate amount or value in excess of $200 

21 is made by the committee to meet a com22 mittee operating expense, together with 

23 date, amount, and purpose of such oper24 ating expense; 


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1 ‘‘(ii) who receives a loan repayment 

2 from the committee, together with the date 

3 and amount of such loan repayment; 

4 ‘‘(iii) who receives a donation refund 

5 or other offset to donations from the com6 mittee, together with the date and amount 

7 of such disbursement; and 

8 ‘‘(iv) to whom any other disbursement 

9 in an aggregate amount or value in excess 

10 of $200 is made by the committee, to11 gether with the date and amount of such 

12 disbursement. 

13 ‘‘(d) DEFINITIONS.—For purposes of this section: 

14 ‘‘(1)(A) The term ‘donation’ includes— 

15 ‘‘(i) any gift, subscription, loan, ad16 vance, or deposit of money or anything of 

17 value made by any person to the com18 mittee; or 

19 ‘‘(ii) the payment by any person of 

20 compensation for the personal services of 

21 another person which are rendered to the 

22 committee without charge for any purpose. 

23 ‘‘(B) The term ‘donation’ does not include 

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1 pensation by any individual who volunteers on 

2 behalf of the committee. 

3 ‘‘(2) The term ‘foreign national’ has the mean4 ing given that term by section 319(b). 

5 ‘‘(3) The term ‘Inaugural Committee’ has the 

6 meaning given that term by section 501 of title 36, 

7 United States Code.’’. 

8 (b) CONFIRMING AMENDMENT RELATED TO RE9 PORTING REQUIREMENTS.—Section 304 of the Federal 

10 Election Campaign Act of 1971 (52 U.S.C. 30104) is 

11 amended— 

12 (1) by striking subsection (h); and 

13 (2) by redesignating subsection (i) as subsection 

14 (h). 

15 (c) CONFORMING AMENDMENT RELATED TO STATUS

16 OF COMMITTEE.—Section 510 of title 36, United States 

17 Code, is amended to read as follows: 

18 ‘‘§ 510. Disclosure of and prohibition on certain dona19 tions 

20 ‘‘A committee shall not be considered to be the Inau21 gural Committee for purposes of this chapter unless the 

22 committee agrees to, and meets, the requirements of sec23 tion 326 of the Federal Election Campaign Act of 1971.’’. 

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

25 this Act shall apply with respect to Inaugural Committees 


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1 established under chapter 5 of title 36, United States 

2 Code, for inaugurations held in 2025 and any succeeding 

3 year. 

4 Subtitle J—Miscellaneous 

5 Provisions 

6 SEC. 4901. EFFECTIVE DATES OF PROVISIONS. 

7 Each provision of this title and each amendment 

8 made by a provision of this title shall take effect on the 

9 effective date provided under this title for such provision 

10 or such amendment without regard to whether or not the 

11 Federal Election Commission, the Attorney General, or 

12 any other person has promulgated regulations to carry out 

13 such provision or such amendment. 

14 SEC. 4902. 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. 

22 TITLE V—CAMPAIGN FINANCE 

23 EMPOWERMENT 

Subtitle A—Findings Relating to Citizens United Decision 

Sec. 5001. Findings relating to Citizens United decision. 

Subtitle B—Congressional Elections 


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Sec. 5100. Short title. 

PART 1—MY VOICE VOUCHER PILOT PROGRAM

Sec. 5101. Establishment of pilot program. 

Sec. 5102. Voucher program described. 

Sec. 5103. Reports. 

Sec. 5104. Definitions. 

PART 2—SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION

CAMPAIGNS

Sec. 5111. Benefits and eligibility requirements for candidates. 

‘‘TITLE V—SMALL DOLLAR FINANCING OF CONGRESSIONAL 

ELECTION CAMPAIGNS 

‘‘Subtitle A—Benefits 

‘‘Sec. 501. Benefits for participating candidates. 

‘‘Sec. 502. Procedures for making payments. 

‘‘Sec. 503. Use of funds. 

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

‘‘Subtitle B—Eligibility and Certification 

‘‘Sec. 511. Eligibility. 

‘‘Sec. 512. Qualifying requirements. 

‘‘Sec. 513. Certification. 

‘‘Subtitle C—Requirements for Candidates Certified as Participating 

Candidates 

‘‘Sec. 521. Contribution and expenditure requirements. 

‘‘Sec. 522. Administration of campaign. 

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

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

‘‘Subtitle D—Enhanced Match Support 

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

‘‘Sec. 532. Eligibility. 

‘‘Sec. 533. Amount. 

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

election. 

‘‘Subtitle E—Administrative Provisions 

‘‘Sec. 541. Freedom From Influence Fund. 

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

‘‘Sec. 543. Administration by Commission. 

‘‘Sec. 544. Violations and penalties. 

‘‘Sec. 545. Appeals process. 

‘‘Sec. 546. Indexing of amounts. 

‘‘Sec. 547. Election cycle defined. 

Sec. 5112. Contributions and expenditures by multicandidate and political 

party committees on behalf of participating candidates. 

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


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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. 

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. 


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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 

23 free press. If only the wealthiest individuals can par24 ticipate meaningfully in our democracy, then these 

25 First Amendment principles become an illusion. 


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1 (3) Campaign finance laws promote these First 

2 Amendment interests. They increase robust debate 

3 from diverse voices, enhance the responsiveness of 

4 elected officeholders, and help prevent corruption. 

5 They do not censor anyone’s speech but simply en6 sure that no one’s speech is drowned out. The Su7 preme Court has failed to recognize that these laws 

8 are essential, proactive rules that help guarantee 

9 true democratic self-government. 

10 (4) The Supreme Court’s decisions in Citizens 

11 United v. Federal Election Commission, 558 U.S. 

12 310 (2010) and McCutcheon v. FEC, 572 U.S. 185 

13 (2014), as well as other court decisions, erroneously 

14 invalidated even-handed rules about the spending of 

15 money in local, State, and Federal elections. These 

16 rules do not prevent anyone from speaking their 

17 mind, much less pick winners and losers of political 

18 debates. Although the Court has upheld other con19 tent-neutral laws like these, it has failed to apply to 

20 same logic to campaign finance laws. These flawed 

21 decisions have empowered large corporations, ex22 tremely wealthy individuals, and special interests to 

23 dominate election spending, corrupt our politics, and 

24 degrade our democracy through tidal waves of un25 limited and anonymous spending. These decisions 


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1 also stand in contrast to a long history of efforts by 

2 Congress and the States to regulate money in poli3 tics to protect democracy, and they illustrate a trou4 bling deregulatory trend in campaign finance-related 

5 court decisions. Additionally, an unknown amount of 

6 foreign money continues to be spent in our political 

7 system as subsidiaries of foreign-based corporations 

8 and hostile foreign actors sometimes connected to 

9 nation-states work to influence our elections. 

10 (5) The Supreme Court’s misinterpretation of 

11 the Constitution to empower monied interests at the 

12 expense of the American people in elections has seri13 ously eroded over 100 years of congressional action 

14 to promote fairness and protect elections from the 

15 toxic influence of money. 

16 (6) In 1907, Congress passed the Tillman Act 

17 in response to the concentration of corporate power 

18 in the post-Civil War Gilded Age. The Act prohibited 

19 corporations from making contributions in connec20 tion with Federal elections, aiming ‘‘not merely to 

21 prevent the subversion of the integrity of the elec22 toral process [but] * * * to sustain the active, alert 

23 responsibility of the individual citizen in a democ24 racy for the wise conduct of government’’. 


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1 (7) By 1910, Congress began passing disclosure 

2 requirements and campaign expenditure limits, and 

3 dozens of States passed corrupt practices Acts to 

4 prohibit corporate spending in elections. States also 

5 enacted campaign spending limits, and some States 

6 limited the amount that people could contribute to 

7 campaigns. 

8 (8) In 1947, the Taft-Hartley Act prohibited 

9 corporations and unions from making campaign con10 tributions or other expenditures to influence elec11 tions. In 1962, a Presidential commission on election 

12 spending recommended spending limits and incen13 tives to increase small contributions from more peo14 ple. 

15 (9) The Federal Election Campaign Act of 

16 1971 (FECA), as amended in 1974, required disclo17 sure of contributions and expenditures, imposed con18 tribution and expenditure limits for individuals and 

19 groups, set spending limits for campaigns, can20 didates, and groups, implemented a public funding 

21 system for Presidential campaigns, and created the 

22 Federal Election Commission to oversee and enforce 

23 the new rules. 

24 (10) In the wake of Citizens United and other 

25 damaging Federal court decisions, Americans have 


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1 witnessed an explosion of outside spending in elec2 tions. Outside spending increased more than 700 

3 percent between the 2008 and 2020 Presidential 

4 election years. Spending by outside groups nearly 

5 doubled again from 2016 to 2020 with super PACs, 

6 tax-exempt groups, and others spending more than 

7 $3,000,000,000. And as political entities adapt to a 

8 post-Citizens United, post-McCutcheon landscape, 

9 these trends are getting worse, as evidenced by the 

10 record-setting 2020 elections which cost more than 

11 $14,000,000,000 in total. 

12 (11) Since the landmark Citizens United deci13 sion, 21 States and more than 800 municipalities, 

14 including large cities like New York, Los Angeles, 

15 Chicago, and Philadelphia, have gone on record sup16 porting a constitutional amendment. Transcending 

17 political leanings and geographic location, voters in 

18 States and municipalities across the country that 

19 have placed amendment questions on the ballot have 

20 routinely supported these initiatives by considerably 

21 large margins. 

22 (12) The Court has tied the hands of Congress 

23 and the States, severely restricting them from set24 ting reasonable limits on campaign spending. For 

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1 ment’s interest in preventing quid pro quo corrup2 tion, like bribery, or the appearance of such corrup3 tion, can justify limits on campaign contributions. 

4 More broadly, the Court has severely curtailed at5 tempts to reduce the ability of the Nation’s wealthi6 est and most powerful to skew our democracy in 

7 their favor by buying outsized influence in our elec8 tions. Because this distortion of the Constitution has 

9 prevented other critical regulation or reform of the 

10 way we finance elections in America, a constitutional 

11 amendment is needed to achieve a democracy for all 

12 the people. 

13 (13) The torrent of money flowing into our po14 litical system has a profound effect on the demo15 cratic process for everyday Americans, whose voices 

16 and policy preferences are increasingly being 

17 drowned out by those of wealthy special interests. 

18 The more campaign cash from wealthy special inter19 ests can flood our elections, the more policies that 

20 favor those interests are reflected in the national po21 litical agenda. When it comes to policy preferences, 

22 our Nation’s wealthiest tend to have fundamentally 

23 different views than do average Americans when it 

24 comes to issues ranging from unemployment benefits 

25 to the minimum wage to health care coverage. 


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1 (14) At the same time millions of Americans 

2 have signed petitions, marched, called their Members 

3 of Congress, written letters to the editor, and other4 wise demonstrated their public support for a con5 stitutional amendment to overturn Citizens United 

6 that will allow Congress to reign in the outsized in7 fluence of unchecked money in politics. Dozens of 

8 organizations, representing tens of millions of indi9 viduals, have come together in a shared strategy of 

10 supporting such an amendment. 

11 (15) In order to protect the integrity of democ12 racy and the electoral process and to ensure political 

13 equality for all, the Constitution should be amended 

14 so that Congress and the States may regulate and 

15 set limits on the raising and spending of money to 

16 influence elections and may distinguish between nat17 ural persons and artificial entities, like corporations, 

18 that are created by law, including by prohibiting 

19 such artificial entities from spending money to influ20 ence elections. 

21 Subtitle B—Congressional 

22 Elections 

23 SEC. 5100. SHORT TITLE. 

24 This subtitle may be cited as the ‘‘Government By 

25 the People Act of 2021’’. 


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1 PART 1—MY VOICE VOUCHER PILOT PROGRAM 

2 SEC. 5101. ESTABLISHMENT OF PILOT PROGRAM. 

3 (a) ESTABLISHMENT.—The Federal Election Com4 mission (hereafter in this part referred to as the ‘‘Commis5 sion’’) shall establish a pilot program under which the 

6 Commission shall select 3 eligible States to operate a 

7 voucher pilot program which is described in section 5102 

8 during the program operation period. 

9 (b) ELIGIBILITY OF STATES.—A State is eligible to 

10 be selected to operate a voucher pilot program under this 

11 part if, not later than 180 days after the beginning of the 

12 program application period, the State submits to the Com13 mission an application containing— 

14 (1) information and assurances that the State 

15 will operate a voucher program which contains the 

16 elements described in section 5102(a); 

17 (2) information and assurances that the State 

18 will establish fraud prevention mechanisms described 

19 in section 5102(b); 

20 (3) information and assurances that the State 

21 will establish a commission to oversee and implement 

22 the program as described in section 5102(c); 

23 (4) information and assurances that the State 

24 will carry out a public information campaign as de25 scribed in section 5102(d); 


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1 (5) information and assurances that the State 

2 will submit reports as required under section 5103; 

3 and 

4 (6) such other information and assurances as 

5 the Commission may require. 

6 (c) SELECTION OF PARTICIPATING STATES.— 

7 (1) IN GENERAL.—Not later than 1 year after 

8 the beginning of the program application period, the 

9 Commission shall select the 3 States which will oper10 ate voucher pilot programs under this part. 

11 (2) CRITERIA.—In selecting States for the oper12 ation of the voucher pilot programs under this part, 

13 the Commission shall apply such criteria and metrics 

14 as the Commission considers appropriate to deter15 mine the ability of a State to operate the program 

16 successfully, and shall attempt to select States in a 

17 variety of geographic regions and with a variety of 

18 political party preferences. 

19 (3) NO SUPERMAJORITY REQUIRED FOR SELEC20 TION.—The selection of States by the Commission 

21 under this subsection shall require the approval of 

22 only half of the Members of the Commission. 

23 (d) DUTIES OF STATES DURING PROGRAM PREPARA24 TION PERIOD.—During the program preparation period, 

25 each State selected to operate a voucher pilot program 


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1 under this part shall take such actions as may be nec2 essary to ensure that the State will be ready to operate 

3 the program during the program operation period, and 

4 shall complete such actions not later than 90 days before 

5 the beginning of the program operation period. 

6 (e) TERMINATION.—Each voucher pilot program 

7 under this part shall terminate as of the first day after 

8 the program operation period. 

9 (f) REIMBURSEMENT OF COSTS.— 

10 (1) REIMBURSEMENT.—Upon receiving the re11 port submitted by a State under section 5103(a) 

12 with respect to an election cycle, the Commission 

13 shall transmit a payment to the State in an amount 

14 equal to the reasonable costs incurred by the State 

15 in operating the voucher pilot program under this 

16 part during the cycle. 

17 (2) SOURCE OF FUNDS.—Payments to States 

18 under the program shall be made using amounts in 

19 the Freedom From Influence Fund under section 

20 541 of the Federal Election Campaign Act of 1971 

21 (as added by section 5111), hereafter referred to as 

22 the ‘‘Fund’’. 

23 (3) MANDATORY REDUCTION OF PAYMENTS IN

24 CASE OF INSUFFICIENT AMOUNTS IN FREEDOM

25 FROM INFLUENCE FUND.— 


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1 (A) ADVANCE AUDITS BY COMMISSION.— 

2 Not later than 90 days before the first day of 

3 each program operation period, the Commission 

4 shall— 

5 (i) audit the Fund to determine 

6 whether, after first making payments to 

7 participating candidates under title V of 

8 the Federal Election Campaign Act of 

9 1971 (as added by section 5111), the 

10 amounts remaining in the Fund will be 

11 sufficient to make payments to States 

12 under this part in the amounts provided 

13 under this subsection; and 

14 (ii) submit a report to Congress de15 scribing the results of the audit. 

16 (B) REDUCTIONS IN AMOUNT OF PAY17 MENTS.— 

18 (i) AUTOMATIC REDUCTION ON PRO

19 RATA BASIS.—If, on the basis of the audit 

20 described in subparagraph (A), the Com21 mission determines that the amount antici22 pated to be available in the Fund with re23 spect to an election cycle involved is not, or 

24 may not be, sufficient to make payments to 

25 States under this part in the full amount 


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1 provided under this subsection, the Com2 mission shall reduce each amount which 

3 would otherwise be paid to a State under 

4 this subsection by such pro rata amount as 

5 may be necessary to ensure that the aggre6 gate amount of payments anticipated to be 

7 made with respect to the cycle will not ex8 ceed the amount anticipated to be available 

9 for such payments in the Fund with re10 spect to such cycle. 

11 (ii) RESTORATION OF REDUCTIONS IN

12 CASE OF AVAILABILITY OF SUFFICIENT

13 FUNDS DURING ELECTION CYCLE.—If, 

14 after reducing the amounts paid to States 

15 with respect to an election cycle under 

16 clause (i), the Commission determines that 

17 there are sufficient amounts in the Fund 

18 to restore the amount by which such pay19 ments were reduced (or any portion there20 of), to the extent that such amounts are 

21 available, the Commission may make a 

22 payment on a pro rata basis to each such 

23 State with respect to the cycle in the 

24 amount by which such State’s payments 


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1 were reduced under clause (i) (or any por2 tion thereof, as the case may be). 

3 (iii) NO USE OF AMOUNTS FROM

4 OTHER SOURCES.—In any case in which 

5 the Commission determines that there are 

6 insufficient moneys in the Fund to make 

7 payments to States under this part, mon8 eys shall not be made available from any 

9 other source for the purpose of making 

10 such payments. 

11 (4) CAP ON AMOUNT OF PAYMENT.—The aggre12 gate amount of payments made to any State with re13 spect to any program operation period may not ex14 ceed $10,000,000. If the State determines that the 

15 maximum payment amount under this paragraph 

16 with respect to the program operation period in17 volved is not, or may not be, sufficient to cover the 

18 reasonable costs incurred by the State in operating 

19 the program under this part for such period, the 

20 State shall reduce the amount of the voucher pro21 vided to each qualified individual by such pro rata 

22 amount as may be necessary to ensure that the rea23 sonable costs incurred by the State in operating the 

24 program will not exceed the amount paid to the 

25 State with respect to such period. 


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1 SEC. 5102. VOUCHER PROGRAM DESCRIBED. 

2 (a) GENERAL ELEMENTS OF PROGRAM.— 

3 (1) ELEMENTS DESCRIBED.—The elements of a 

4 voucher pilot program operated by a State under 

5 this part are as follows: 

6 (A) The State shall provide each qualified 

7 individual upon the individual’s request with a 

8 voucher worth $25 to be known as a ‘‘My Voice 

9 Voucher’’ during the election cycle which will be 

10 assigned a routing number and which at the op11 tion of the individual will be provided in either 

12 paper or electronic form. 

13 (B) Using the routing number assigned to 

14 the My Voice Voucher, the individual may sub15 mit the My Voice Voucher in either electronic 

16 or paper form to qualified candidates for elec17 tion for the office of Representative in, or Dele18 gate or Resident Commissioner to, the Congress 

19 and allocate such portion of the value of the My 

20 Voice Voucher in increments of $5 as the indi21 vidual may select to any such candidate. 

22 (C) If the candidate transmits the My 

23 Voice Voucher to the Commission, the Commis24 sion shall pay the candidate the portion of the 

25 value of the My Voice Voucher that the indi26 vidual allocated to the candidate, which shall be 


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1 considered a contribution by the individual to 

2 the candidate for purposes of the Federal Elec3 tion Campaign Act of 1971. 

4 (2) DESIGNATION OF QUALIFIED INDIVID5 UALS.—For purposes of paragraph (1)(A), a ‘‘quali6 fied individual’’ with respect to a State means an in7 dividual— 

8 (A) who is a resident of the State; 

9 (B) who will be of voting age as of the 

10 date of the election for the candidate to whom 

11 the individual submits a My Voice Voucher; and 

12 (C) who is not prohibited under Federal 

13 law from making contributions to candidates 

14 for election for Federal office. 

15 (3) TREATMENT AS CONTRIBUTION TO CAN16 DIDATE.—For purposes of the Federal Election 

17 Campaign Act of 1971, the submission of a My 

18 Voice Voucher to a candidate by an individual shall 

19 be treated as a contribution to the candidate by the 

20 individual in the amount of the portion of the value 

21 of the Voucher that the individual allocated to the 

22 candidate. 

23 (b) FRAUD PREVENTION MECHANISM.—In addition 

24 to the elements described in subsection (a), a State oper25 ating a voucher pilot program under this part shall permit 


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1 an individual to revoke a My Voice Voucher not later than 

2 2 days after submitting the My Voice Voucher to a can3 didate. 

4 (c) OVERSIGHT COMMISSION.—In addition to the ele5 ments described in subsection (a), a State operating a 

6 voucher pilot program under this part shall establish a 

7 commission or designate an existing entity to oversee and 

8 implement the program in the State, except that no such 

9 commission or entity may be comprised of elected officials. 

10 (d) PUBLIC INFORMATION CAMPAIGN.—In addition 

11 to the elements described in subsection (a), a State oper12 ating a voucher pilot program under this part shall carry 

13 out a public information campaign to disseminate aware14 ness of the program among qualified individuals. 

15 SEC. 5103. REPORTS. 

16 (a) PRELIMINARY REPORT.—Not later than 6 

17 months after the first election cycle of the program oper18 ation period, a State which operates a voucher pilot pro19 gram under this part shall submit a report to the Commis20 sion analyzing the operation and effectiveness of the pro21 gram during the cycle and including such other informa22 tion as the Commission may require. 

23 (b) FINAL REPORT.—Not later than 6 months after 

24 the end of the program operation period, the State shall 

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1 eration and effectiveness of the program and including 

2 such other information as the Commission may require. 

3 (c) REPORT BY COMMISSION.—Not later than the 

4 end of the first election cycle which begins after the pro5 gram operation period, the Commission shall submit a re6 port to Congress which summarizes and analyzes the re7 sults of the voucher pilot program, and shall include in 

8 the report such recommendations as the Commission con9 siders appropriate regarding the expansion of the pilot 

10 program to all States and territories, along with such 

11 other recommendations and other information as the Com12 mission considers appropriate. 

13 SEC. 5104. DEFINITIONS. 

14 (a) ELECTION CYCLE.—In this part, the term ‘‘elec15 tion cycle’’ means the period beginning on the day after 

16 the date of the most recent regularly scheduled general 

17 election for Federal office and ending on the date of the 

18 next regularly scheduled general election for Federal of19 fice. 

20 (b) DEFINITIONS RELATING TO PERIODS.—In this 

21 part, the following definitions apply: 

22 (1) PROGRAM APPLICATION PERIOD.—The term 

23 ‘‘program application period’’ means the first elec24 tion cycle which begins after the date of the enact25 ment of this Act. 


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1 (2) PROGRAM PREPARATION PERIOD.—The 

2 term ‘‘program preparation period’’ means the first 

3 election cycle which begins after the program appli4 cation period. 

5 (3) PROGRAM OPERATION PERIOD.—The term 

6 ‘‘program operation period’’ means the first 2 elec7 tion cycles which begin after the program prepara8 tion period. 

9 PART 2—SMALL DOLLAR FINANCING OF 

10 CONGRESSIONAL ELECTION CAMPAIGNS 

11 SEC. 5111. BENEFITS AND ELIGIBILITY REQUIREMENTS 

12 FOR CANDIDATES. 

13 The Federal Election Campaign Act of 1971 (52 

14 U.S.C. 30101 et seq.) is amended by adding at the end 

15 the following: 

16 ‘‘TITLE V—SMALL DOLLAR FI17 NANCING OF CONGRES18 SIONAL ELECTION CAM19 PAIGNS 

20 ‘‘Subtitle A—Benefits 

21 ‘‘SEC. 501. BENEFITS FOR PARTICIPATING CANDIDATES. 

22 ‘‘(a) IN GENERAL.—If a candidate for election to the 

23 office of Representative in, or Delegate or Resident Com24 missioner to, the Congress is certified as a participating 

25 candidate under this title with respect to an election for 


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1 such office, the candidate shall be entitled to payments 

2 as provided under this title. 

3 ‘‘(b) AMOUNT OF PAYMENT.—The amount of a pay4 ment made under this title shall be equal to 600 percent 

5 of the amount of qualified small dollar contributions re6 ceived by the candidate since the most recent payment 

7 made to the candidate under this title during the election 

8 cycle, without regard to whether or not the candidate re9 ceived any of the contributions before, during, or after the 

10 Small Dollar Democracy qualifying period applicable to 

11 the candidate under section 511(c). 

12 ‘‘(c) LIMIT ON AGGREGATE AMOUNT OF PAY13 MENTS.—The aggregate amount of payments made to a 

14 participating candidate with respect to an election cycle 

15 under this title may not exceed 50 percent of the average 

16 of the 20 greatest amounts of disbursements made by the 

17 authorized committees of any winning candidate for the 

18 office of Representative in, or Delegate or Resident Com19 missioner to, the Congress during the most recent election 

20 cycle, rounded to the nearest $100,000. 

21 ‘‘SEC. 502. PROCEDURES FOR MAKING PAYMENTS. 

22 ‘‘(a) IN GENERAL.—The Commission shall make a 

23 payment under section 501 to a candidate who is certified 

24 as a participating candidate upon receipt from the can25 didate of a request for a payment which includes— 


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1 ‘‘(1) a statement of the number and amount of 

2 qualified small dollar contributions received by the 

3 candidate since the most recent payment made to 

4 the candidate under this title during the election 

5 cycle; 

6 ‘‘(2) a statement of the amount of the payment 

7 the candidate anticipates receiving with respect to 

8 the request; 

9 ‘‘(3) a statement of the total amount of pay10 ments the candidate has received under this title as 

11 of the date of the statement; and 

12 ‘‘(4) such other information and assurances as 

13 the Commission may require. 

14 ‘‘(b) RESTRICTIONS ON SUBMISSION OF RE15 QUESTS.—A candidate may not submit a request under 

16 subsection (a) unless each of the following applies: 

17 ‘‘(1) The amount of the qualified small dollar 

18 contributions in the statement referred to in sub19 section (a)(1) is equal to or greater than $5,000, un20 less the request is submitted during the 30-day pe21 riod which ends on the date of a general election. 

22 ‘‘(2) The candidate did not receive a payment 

23 under this title during the 7-day period which ends 

24 on the date the candidate submits the request. 


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1 ‘‘(c) TIME OF PAYMENT.—The Commission shall, in 

2 coordination with the Secretary of the Treasury, take such 

3 steps as may be necessary to ensure that the Secretary 

4 is able to make payments under this section from the 

5 Treasury not later than 2 business days after the receipt 

6 of a request submitted under subsection (a). 

7 ‘‘SEC. 503. USE OF FUNDS. 

8 ‘‘(a) USE OF FUNDS FOR AUTHORIZED CAMPAIGN

9 EXPENDITURES.—A candidate shall use payments made 

10 under this title, including payments provided with respect 

11 to a previous election cycle which are withheld from remit12 tance to the Commission in accordance with section 

13 524(a)(2), only for making direct payments for the receipt 

14 of goods and services which constitute authorized expendi15 tures (as determined in accordance with title III) in con16 nection with the election cycle involved. 

17 ‘‘(b) PROHIBITING USE OF FUNDS FOR LEGAL EX18 PENSES, FINES, OR PENALTIES.—Notwithstanding title 

19 III, a candidate may not use payments made under this 

20 title for the payment of expenses incurred in connection 

21 with any action, claim, or other matter before the Commis22 sion or before any court, hearing officer, arbitrator, or 

23 other dispute resolution entity, or for the payment of any 

24 fine or civil monetary penalty. 


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1 ‘‘SEC. 504. QUALIFIED SMALL DOLLAR CONTRIBUTIONS DE2 SCRIBED. 

3 ‘‘(a) IN GENERAL.—In this title, the term ‘qualified 

4 small dollar contribution’ means, with respect to a can5 didate and the authorized committees of a candidate, a 

6 contribution that meets the following requirements: 

7 ‘‘(1) The contribution is in an amount that is— 

8 ‘‘(A) not less than $1; and 

9 ‘‘(B) not more than $200. 

10 ‘‘(2)(A) The contribution is made directly by an 

11 individual to the candidate or an authorized com12 mittee of the candidate and is not— 

13 ‘‘(i) forwarded from the individual making 

14 the contribution to the candidate or committee 

15 by another person; or 

16 ‘‘(ii) received by the candidate or com17 mittee with the knowledge that the contribution 

18 was made at the request, suggestion, or rec19 ommendation of another person. 

20 ‘‘(B) In this paragraph— 

21 ‘‘(i) the term ‘person’ does not include an 

22 individual (other than an individual described in 

23 section 304(i)(7) of the Federal Election Cam24 paign Act of 1971), a political committee of a 

25 political party, or any political committee which 

26 is not a separate segregated fund described in 


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1 section 316(b) of the Federal Election Cam2 paign Act of 1971 and which does not make 

3 contributions or independent expenditures, does 

4 not engage in lobbying activity under the Lob5 bying Disclosure Act of 1995 (2 U.S.C. 1601 et 

6 seq.), and is not established by, controlled by, 

7 or affiliated with a registered lobbyist under 

8 such Act, an agent of a registered lobbyist 

9 under such Act, or an organization which re10 tains or employs a registered lobbyist under 

11 such Act; and 

12 ‘‘(ii) a contribution is not ‘made at the re13 quest, suggestion, or recommendation of an14 other person’ solely on the grounds that the 

15 contribution is made in response to information 

16 provided to the individual making the contribu17 tion by any person, so long as the candidate or 

18 authorized committee does not know the iden19 tity of the person who provided the information 

20 to such individual. 

21 ‘‘(3) The individual who makes the contribution 

22 does not make contributions to the candidate or the 

23 authorized committees of the candidate with respect 

24 to the election involved in an aggregate amount that 

25 exceeds the amount described in paragraph (1)(B), 


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1 or any contribution to the candidate or the author2 ized committees of the candidate with respect to the 

3 election involved that otherwise is not a qualified 

4 small dollar contribution. 

5 ‘‘(b) TREATMENT OF MY VOICE VOUCHERS.—Any 

6 payment received by a candidate and the authorized com7 mittees of a candidate which consists of a My Voice 

8 Voucher under the Government By the People Act of 2021 

9 shall be considered a qualified small dollar contribution 

10 for purposes of this title, so long as the individual making 

11 the payment meets the requirements of paragraphs (2) 

12 and (3) of subsection (a). 

13 ‘‘(c) RESTRICTION ON SUBSEQUENT CONTRIBU14 TIONS.— 

15 ‘‘(1) PROHIBITING DONOR FROM MAKING SUB16 SEQUENT NONQUALIFIED CONTRIBUTIONS DURING

17 ELECTION CYCLE.— 

18 ‘‘(A) IN GENERAL.—An individual who 

19 makes a qualified small dollar contribution to a 

20 candidate or the authorized committees of a 

21 candidate with respect to an election may not 

22 make any subsequent contribution to such can23 didate or the authorized committees of such 

24 candidate with respect to the election cycle 


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1 which is not a qualified small dollar contribu2 tion. 

3 ‘‘(B) EXCEPTION FOR CONTRIBUTIONS TO

4 CANDIDATES WHO VOLUNTARILY WITHDRAW

5 FROM PARTICIPATION DURING QUALIFYING PE6 RIOD.—Subparagraph (A) does not apply with 

7 respect to a contribution made to a candidate 

8 who, during the Small Dollar Democracy quali9 fying period described in section 511(c), sub10 mits a statement to the Commission under sec11 tion 513(c) to voluntarily withdraw from par12 ticipating in the program under this title. 

13 ‘‘(2) TREATMENT OF SUBSEQUENT NON14 QUALIFIED CONTRIBUTIONS.—If, notwithstanding 

15 the prohibition described in paragraph (1), an indi16 vidual who makes a qualified small dollar contribu17 tion to a candidate or the authorized committees of 

18 a candidate with respect to an election makes a sub19 sequent contribution to such candidate or the au20 thorized committees of such candidate with respect 

21 to the election which is prohibited under paragraph 

22 (1) because it is not a qualified small dollar con23 tribution, the candidate may take one of the fol24 lowing actions: 


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1 ‘‘(A) Not later than 2 weeks after receiving 

2 the contribution, the candidate may return the 

3 subsequent contribution to the individual. In 

4 the case of a subsequent contribution which is 

5 not a qualified small dollar contribution because 

6 the contribution fails to meet the requirements 

7 of paragraph (3) of subsection (a) (relating to 

8 the aggregate amount of contributions made to 

9 the candidate or the authorized committees of 

10 the candidate by the individual making the con11 tribution), the candidate may return an amount 

12 equal to the difference between the amount of 

13 the subsequent contribution and the amount de14 scribed in paragraph (1)(B) of subsection (a). 

15 ‘‘(B) The candidate may retain the subse16 quent contribution, so long as not later than 2 

17 weeks after receiving the subsequent contribu18 tion, the candidate remits to the Commission 

19 for deposit in the Freedom From Influence 

20 Fund under section 541 an amount equal to 

21 any payments received by the candidate under 

22 this title which are attributable to the qualified 

23 small dollar contribution made by the individual 

24 involved. 


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1 ‘‘(3) NO EFFECT ON ABILITY TO MAKE MUL2 TIPLE CONTRIBUTIONS.—Nothing in this section 

3 may be construed to prohibit an individual from 

4 making multiple qualified small dollar contributions 

5 to any candidate or any number of candidates, so 

6 long as each contribution meets each of the require7 ments of paragraphs (1), (2), and (3) of subsection 

8 (a). 

9 ‘‘(d) NOTIFICATION REQUIREMENTS FOR CAN10 DIDATES.— 

11 ‘‘(1) NOTIFICATION.—Each authorized com12 mittee of a candidate who seeks to be a participating 

13 candidate under this title shall provide the following 

14 information in any materials for the solicitation of 

15 contributions, including any internet site through 

16 which individuals may make contributions to the 

17 committee: 

18 ‘‘(A) A statement that if the candidate is 

19 certified as a participating candidate under this 

20 title, the candidate will receive matching pay21 ments in an amount which is based on the total 

22 amount of qualified small dollar contributions 

23 received. 

24 ‘‘(B) A statement that a contribution 

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1 section (a) shall be treated as a qualified small 

2 dollar contribution under this title. 

3 ‘‘(C) A statement that if a contribution is 

4 treated as qualified small dollar contribution 

5 under this title, the individual who makes the 

6 contribution may not make any contribution to 

7 the candidate or the authorized committees of 

8 the candidate during the election cycle which is 

9 not a qualified small dollar contribution. 

10 ‘‘(2) ALTERNATIVE METHODS OF MEETING RE11 QUIREMENTS.—An authorized committee may meet 

12 the requirements of paragraph (1)— 

13 ‘‘(A) by including the information de14 scribed in paragraph (1) in the receipt provided 

15 under section 512(b)(3) to a person making a 

16 qualified small dollar contribution; or 

17 ‘‘(B) by modifying the information it pro18 vides to persons making contributions which is 

19 otherwise required under title III (including in20 formation it provides through the internet). 

21 ‘‘Subtitle B—Eligibility and 

22 Certification 

23 ‘‘SEC. 511. ELIGIBILITY. 

24 ‘‘(a) IN GENERAL.—A candidate for the office of 

25 Representative in, or Delegate or Resident Commissioner 


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1 to, the Congress is eligible to be certified as a participating 

2 candidate under this title with respect to an election if 

3 the candidate meets the following requirements: 

4 ‘‘(1) The candidate files with the Commission a 

5 statement of intent to seek certification as a partici6 pating candidate. 

7 ‘‘(2) The candidate meets the qualifying re8 quirements of section 512. 

9 ‘‘(3) The candidate files with the Commission a 

10 statement certifying that the authorized committees 

11 of the candidate meet the requirements of section 

12 504(d). 

13 ‘‘(4) Not later than the last day of the Small 

14 Dollar Democracy qualifying period, the candidate 

15 files with the Commission an affidavit signed by the 

16 candidate and the treasurer of the candidate’s prin17 cipal campaign committee declaring that the can18 didate— 

19 ‘‘(A) has complied and, if certified, will 

20 comply with the contribution and expenditure 

21 requirements of section 521; 

22 ‘‘(B) if certified, will run only as a partici23 pating candidate for all elections for the office 

24 that such candidate is seeking during that elec25 tion cycle; and 


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1 ‘‘(C) has either qualified or will take steps 

2 to qualify under State law to be on the ballot. 

3 ‘‘(b) GENERAL ELECTION.—Notwithstanding sub4 section (a), a candidate shall not be eligible to be certified 

5 as a participating candidate under this title for a general 

6 election or a general runoff election unless the candidate’s 

7 party nominated the candidate to be placed on the ballot 

8 for the general election or the candidate is otherwise quali9 fied to be on the ballot under State law. 

10 ‘‘(c) SMALL DOLLAR DEMOCRACY QUALIFYING PE11 RIOD DEFINED.—The term ‘Small Dollar Democracy 

12 qualifying period’ means, with respect to any candidate 

13 for an office, the 180-day period (during the election cycle 

14 for such office) which begins on the date on which the 

15 candidate files a statement of intent under section 

16 511(a)(1), except that such period may not continue after 

17 the date that is 30 days before the date of the general 

18 election for the office. 

19 ‘‘SEC. 512. QUALIFYING REQUIREMENTS. 

20 ‘‘(a) RECEIPT OF QUALIFIED SMALL DOLLAR CON21 TRIBUTIONS.—A candidate for the office of Representative 

22 in, or Delegate or Resident Commissioner to, the Congress 

23 meets the requirement of this section if, during the Small 

24 Dollar Democracy qualifying period described in section 

25 511(c), each of the following occurs: 


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1 ‘‘(1) Not fewer than 1,000 individuals make a 

2 qualified small dollar contribution to the candidate. 

3 ‘‘(2) The candidate obtains a total dollar 

4 amount of qualified small dollar contributions which 

5 is equal to or greater than $50,000. 

6 ‘‘(b) REQUIREMENTS RELATING TO RECEIPT OF

7 QUALIFIED SMALL DOLLAR CONTRIBUTION.—Each 

8 qualified small dollar contribution— 

9 ‘‘(1) may be made by means of a personal 

10 check, money order, debit card, credit card, elec11 tronic payment account, or any other method 

12 deemed appropriate by the Commission; 

13 ‘‘(2) shall be accompanied by a signed state14 ment (or, in the case of a contribution made online 

15 or through other electronic means, an electronic 

16 equivalent) containing the contributor’s name and 

17 address; and 

18 ‘‘(3) shall be acknowledged by a receipt that is 

19 sent to the contributor with a copy (in paper or elec20 tronic form) kept by the candidate for the Commis21 sion. 

22 ‘‘(c) VERIFICATION OF CONTRIBUTIONS.—The Com23 mission shall establish procedures for the auditing and 

24 verification of the contributions received and expenditures 

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1 ing procedures for random audits, to ensure that such con2 tributions and expenditures meet the requirements of this 

3 title. 

4 ‘‘SEC. 513. CERTIFICATION. 

5 ‘‘(a) DEADLINE AND NOTIFICATION.— 

6 ‘‘(1) IN GENERAL.—Not later than 5 business 

7 days after a candidate files an affidavit under sec8 tion 511(a)(4), the Commission shall— 

9 ‘‘(A) determine whether or not the can10 didate meets the requirements for certification 

11 as a participating candidate; 

12 ‘‘(B) if the Commission determines that 

13 the candidate meets such requirements, certify 

14 the candidate as a participating candidate; and 

15 ‘‘(C) notify the candidate of the Commis16 sion’s determination. 

17 ‘‘(2) DEEMED CERTIFICATION FOR ALL ELEC18 TIONS IN ELECTION CYCLE.—If the Commission cer19 tifies a candidate as a participating candidate with 

20 respect to the first election of the election cycle in21 volved, the Commission shall be deemed to have cer22 tified the candidate as a participating candidate with 

23 respect to all subsequent elections of the election 

24 cycle. 

25 ‘‘(b) REVOCATION OF CERTIFICATION.— 


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1 ‘‘(1) IN GENERAL.—The Commission shall re2 voke a certification under subsection (a) if— 

3 ‘‘(A) a candidate fails to qualify to appear 

4 on the ballot at any time after the date of cer5 tification (other than a candidate certified as a 

6 participating candidate with respect to a pri7 mary election who fails to qualify to appear on 

8 the ballot for a subsequent election in that elec9 tion cycle); 

10 ‘‘(B) a candidate ceases to be a candidate 

11 for the office involved, as determined on the 

12 basis of an official announcement by an author13 ized committee of the candidate or on the basis 

14 of a reasonable determination by the Commis15 sion; or 

16 ‘‘(C) a candidate otherwise fails to comply 

17 with the requirements of this title, including 

18 any regulatory requirements prescribed by the 

19 Commission. 

20 ‘‘(2) EXISTENCE OF CRIMINAL SANCTION.—The 

21 Commission shall revoke a certification under sub22 section (a) if a penalty is assessed against the can23 didate under section 309(d) with respect to the elec24 tion. 


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1 ‘‘(3) EFFECT OF REVOCATION.—If a can2 didate’s certification is revoked under this sub3 section— 

4 ‘‘(A) the candidate may not receive pay5 ments under this title during the remainder of 

6 the election cycle involved; and 

7 ‘‘(B) in the case of a candidate whose cer8 tification is revoked pursuant to subparagraph 

9 (A) or subparagraph (C) of paragraph (1)— 

10 ‘‘(i) the candidate shall repay to the 

11 Freedom From Influence Fund established 

12 under section 541 an amount equal to the 

13 payments received under this title with re14 spect to the election cycle involved plus in15 terest (at a rate determined by the Com16 mission on the basis of an appropriate an17 nual percentage rate for the month in18 volved) on any such amount received; and 

19 ‘‘(ii) the candidate may not be cer20 tified as a participating candidate under 

21 this title with respect to the next election 

22 cycle. 

23 ‘‘(4) PROHIBITING PARTICIPATION IN FUTURE

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1 cation of an individual as a participating candidate 

2 under this title pursuant to subparagraph (A) or 

3 subparagraph (C) of paragraph (1) a total of 3 

4 times, the individual may not be certified as a par5 ticipating candidate under this title with respect to 

6 any subsequent election. 

7 ‘‘(c) VOLUNTARY WITHDRAWAL FROM PARTICI8 PATING DURING QUALIFYING PERIOD.—At any time dur9 ing the Small Dollar Democracy qualifying period de10 scribed in section 511(c), a candidate may withdraw from 

11 participation in the program under this title by submitting 

12 to the Commission a statement of withdrawal (without re13 gard to whether or not the Commission has certified the 

14 candidate as a participating candidate under this title as 

15 of the time the candidate submits such statement), so long 

16 as the candidate has not submitted a request for payment 

17 under section 502. 

18 ‘‘(d) PARTICIPATING CANDIDATE DEFINED.—In this 

19 title, a ‘participating candidate’ means a candidate for the 

20 office of Representative in, or Delegate or Resident Com21 missioner to, the Congress who is certified under this sec22 tion as eligible to receive benefits under this title. 


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1 ‘‘Subtitle C—Requirements for Can2 didates Certified as Partici3 pating Candidates 

4 ‘‘SEC. 521. CONTRIBUTION AND EXPENDITURE REQUIRE5 MENTS. 

6 ‘‘(a) PERMITTED SOURCES OF CONTRIBUTIONS AND

7 EXPENDITURES.—Except as provided in subsection (c), a 

8 participating candidate with respect to an election shall, 

9 with respect to all elections occurring during the election 

10 cycle for the office involved, accept no contributions from 

11 any source and make no expenditures from any amounts, 

12 other than the following: 

13 ‘‘(1) Qualified small dollar contributions. 

14 ‘‘(2) Payments under this title. 

15 ‘‘(3) Contributions from political committees es16 tablished and maintained by a national or State po17 litical party, subject to the applicable limitations of 

18 section 315. 

19 ‘‘(4) Subject to subsection (b), personal funds 

20 of the candidate or of any immediate family member 

21 of the candidate (other than funds received through 

22 qualified small dollar contributions). 

23 ‘‘(5) Contributions from individuals who are 

24 otherwise permitted to make contributions under 

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1 tion 315, except that the aggregate amount of con2 tributions a participating candidate may accept from 

3 any individual with respect to any election during 

4 the election cycle may not exceed $1,000. 

5 ‘‘(6) Contributions from multicandidate political 

6 committees, subject to the applicable limitations of 

7 section 315. 

8 ‘‘(b) SPECIAL RULES FOR PERSONAL FUNDS.— 

9 ‘‘(1) LIMIT ON AMOUNT.—A candidate who is 

10 certified as a participating candidate may use per11 sonal funds (including personal funds of any imme12 diate family member of the candidate) so long as— 

13 ‘‘(A) the aggregate amount used with re14 spect to the election cycle (including any period 

15 of the cycle occurring prior to the candidate’s 

16 certification as a participating candidate) does 

17 not exceed $50,000; and 

18 ‘‘(B) the funds are used only for making 

19 direct payments for the receipt of goods and 

20 services which constitute authorized expendi21 tures in connection with the election cycle in22 volved. 

23 ‘‘(2) IMMEDIATE FAMILY MEMBER DEFINED.— 

24 In this subsection, the term ‘immediate family mem25 ber’ means, with respect to a candidate— 


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1 ‘‘(A) the candidate’s spouse; 

2 ‘‘(B) a child, stepchild, parent, grand3 parent, brother, half-brother, sister, or half-sis4 ter of the candidate or the candidate’s spouse; 

5 and 

6 ‘‘(C) the spouse of any person described in 

7 subparagraph (B). 

8 ‘‘(c) EXCEPTIONS.— 

9 ‘‘(1) EXCEPTION FOR CONTRIBUTIONS RE10 CEIVED PRIOR TO FILING OF STATEMENT OF IN11 TENT.—A candidate who has accepted contributions 

12 that are not described in subsection (a) is not in vio13 lation of subsection (a), but only if all such contribu14 tions are— 

15 ‘‘(A) returned to the contributor; 

16 ‘‘(B) submitted to the Commission for de17 posit in the Freedom From Influence Fund es18 tablished under section 541; or 

19 ‘‘(C) spent in accordance with paragraph 

20 (2). 

21 ‘‘(2) EXCEPTION FOR EXPENDITURES MADE

22 PRIOR TO FILING OF STATEMENT OF INTENT.—If a 

23 candidate has made expenditures prior to the date 

24 the candidate files a statement of intent under sec25 tion 511(a)(1) that the candidate is prohibited from 


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1 making under subsection (a) or subsection (b), the 

2 candidate is not in violation of such subsection if the 

3 aggregate amount of the prohibited expenditures is 

4 less than the amount referred to in section 

5 512(a)(2) (relating to the total dollar amount of 

6 qualified small dollar contributions which the can7 didate is required to obtain) which is applicable to 

8 the candidate. 

9 ‘‘(3) EXCEPTION FOR CAMPAIGN SURPLUSES

10 FROM A PREVIOUS ELECTION.—Notwithstanding 

11 paragraph (1), unexpended contributions received by 

12 the candidate or an authorized committee of the 

13 candidate with respect to a previous election may be 

14 retained, but only if the candidate places the funds 

15 in escrow and refrains from raising additional funds 

16 for or spending funds from that account during the 

17 election cycle in which a candidate is a participating 

18 candidate. 

19 ‘‘(4) EXCEPTION FOR CONTRIBUTIONS RE20 CEIVED BEFORE THE EFFECTIVE DATE OF THIS

21 TITLE.—Contributions received and expenditures 

22 made by the candidate or an authorized committee 

23 of the candidate prior to the effective date of this 

24 title shall not constitute a violation of subsection (a) 

25 or (b). Unexpended contributions shall be treated 


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1 the same as campaign surpluses under paragraph 

2 (3), and expenditures made shall count against the 

3 limit in paragraph (2). 

4 ‘‘(d) SPECIAL RULE FOR COORDINATED PARTY EX5 PENDITURES.—For purposes of this section, a payment 

6 made by a political party in coordination with a partici7 pating candidate shall not be treated as a contribution to 

8 or as an expenditure made by the participating candidate. 

9 ‘‘(e) PROHIBITION ON JOINT FUNDRAISING COMMIT10 TEES.— 

11 ‘‘(1) PROHIBITION.—An authorized committee 

12 of a candidate who is certified as a participating 

13 candidate under this title with respect to an election 

14 may not establish a joint fundraising committee with 

15 a political committee other than another authorized 

16 committee of the candidate. 

17 ‘‘(2) STATUS OF EXISTING COMMITTEES FOR

18 PRIOR ELECTIONS.—If a candidate established a 

19 joint fundraising committee described in paragraph 

20 (1) with respect to a prior election for which the 

21 candidate was not certified as a participating can22 didate under this title and the candidate does not 

23 terminate the committee, the candidate shall not be 

24 considered to be in violation of paragraph (1) so 

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1 ceive any contributions or make any disbursements 

2 during the election cycle for which the candidate is 

3 certified as a participating candidate under this title. 

4 ‘‘(f) PROHIBITION ON LEADERSHIP PACS.— 

5 ‘‘(1) PROHIBITION.—A candidate who is cer6 tified as a participating candidate under this title 

7 with respect to an election may not associate with, 

8 establish, finance, maintain, or control a leadership 

9 PAC. 

10 ‘‘(2) STATUS OF EXISTING LEADERSHIP

11 PACS.—If a candidate established, financed, main12 tained, or controlled a leadership PAC prior to being 

13 certified as a participating candidate under this title 

14 and the candidate does not terminate the leadership 

15 PAC, the candidate shall not be considered to be in 

16 violation of paragraph (1) so long as the leadership 

17 PAC does not receive any contributions or make any 

18 disbursements during the election cycle for which the 

19 candidate is certified as a participating candidate 

20 under this title. 

21 ‘‘(3) LEADERSHIP PAC DEFINED.—In this sub22 section, the term ‘leadership PAC’ has the meaning 

23 given such term in section 304(i)(8)(B). 


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1 ‘‘SEC. 522. ADMINISTRATION OF CAMPAIGN. 

2 ‘‘(a) SEPARATE ACCOUNTING FOR VARIOUS PER3 MITTED CONTRIBUTIONS.—Each authorized committee of 

4 a candidate certified as a participating candidate under 

5 this title— 

6 ‘‘(1) shall provide for separate accounting of 

7 each type of contribution described in section 521(a) 

8 which is received by the committee; and 

9 ‘‘(2) shall provide for separate accounting for 

10 the payments received under this title. 

11 ‘‘(b) ENHANCED DISCLOSURE OF INFORMATION ON

12 DONORS.— 

13 ‘‘(1) MANDATORY IDENTIFICATION OF INDIVID14 UALS MAKING QUALIFIED SMALL DOLLAR CON15 TRIBUTIONS.—Each authorized committee of a par16 ticipating candidate under this title shall elect, in ac17 cordance with section 304(b)(3)(A), to include in the 

18 reports the committee submits under section 304 the 

19 identification of each person who makes a qualified 

20 small dollar contribution to the committee. 

21 ‘‘(2) MANDATORY DISCLOSURE THROUGH

22 INTERNET.—Each authorized committee of a partici23 pating candidate under this title shall ensure that all 

24 information reported to the Commission under this 

25 Act with respect to contributions and expenditures 

26 of the committee is available to the public on the 


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1 internet (whether through a site established for pur2 poses of this subsection, a hyperlink on another pub3 lic site of the committee, or a hyperlink on a report 

4 filed electronically with the Commission) in a search5 able, sortable, and downloadable manner. 

6 ‘‘SEC. 523. PREVENTING UNNECESSARY SPENDING OF PUB7 LIC FUNDS. 

8 ‘‘(a) MANDATORY SPENDING OF AVAILABLE PRI9 VATE FUNDS.—An authorized committee of a candidate 

10 certified as a participating candidate under this title may 

11 not make any expenditure of any payments received under 

12 this title in any amount unless the committee has made 

13 an expenditure in an equivalent amount of funds received 

14 by the committee which are described in paragraphs (1), 

15 (3), (4), (5), and (6) of section 521(a). 

16 ‘‘(b) LIMITATION.—Subsection (a) applies to an au17 thorized committee only to the extent that the funds re18 ferred to in such subsection are available to the committee 

19 at the time the committee makes an expenditure of a pay20 ment received under this title. 

21 ‘‘SEC. 524. REMITTING UNSPENT FUNDS AFTER ELECTION. 

22 ‘‘(a) REMITTANCE REQUIRED.—Not later than the 

23 date that is 180 days after the last election for which a 

24 candidate certified as a participating candidate qualifies 

25 to be on the ballot during the election cycle involved, such 


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1 participating candidate shall remit to the Commission for 

2 deposit in the Freedom From Influence Fund established 

3 under section 541 an amount equal to the balance of the 

4 payments received under this title by the authorized com5 mittees of the candidate which remain unexpended as of 

6 such date. 

7 ‘‘(b) PERMITTING CANDIDATES PARTICIPATING IN

8 NEXT ELECTION CYCLE TO RETAIN PORTION OF

9 UNSPENT FUNDS.—Notwithstanding subsection (a), a 

10 participating candidate may withhold not more than 

11 $100,000 from the amount required to be remitted under 

12 subsection (a) if the candidate files a signed affidavit with 

13 the Commission that the candidate will seek certification 

14 as a participating candidate with respect to the next elec15 tion cycle, except that the candidate may not use any por16 tion of the amount withheld until the candidate is certified 

17 as a participating candidate with respect to that next elec18 tion cycle. If the candidate fails to seek certification as 

19 a participating candidate prior to the last day of the Small 

20 Dollar Democracy qualifying period for the next election 

21 cycle (as described in section 511), or if the Commission 

22 notifies the candidate of the Commission’s determination 

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1 didate shall immediately remit to the Commission the 

2 amount withheld. 

3 ‘‘Subtitle D—Enhanced Match 

4 Support 

5 ‘‘SEC. 531. ENHANCED SUPPORT FOR GENERAL ELECTION. 

6 ‘‘(a) AVAILABILITY OF ENHANCED SUPPORT.—In 

7 addition to the payments made under subtitle A, the Com8 mission shall make an additional payment to an eligible 

9 candidate under this subtitle. 

10 ‘‘(b) USE OF FUNDS.—A candidate shall use the ad11 ditional payment under this subtitle only for authorized 

12 expenditures in connection with the election involved. 

13 ‘‘SEC. 532. ELIGIBILITY. 

14 ‘‘(a) IN GENERAL.—A candidate is eligible to receive 

15 an additional payment under this subtitle if the candidate 

16 meets each of the following requirements: 

17 ‘‘(1) The candidate is on the ballot for the gen18 eral election for the office the candidate seeks. 

19 ‘‘(2) The candidate is certified as a partici20 pating candidate under this title with respect to the 

21 election. 

22 ‘‘(3) During the enhanced support qualifying 

23 period, the candidate receives qualified small dollar 

24 contributions in a total amount of not less than 

25 $50,000. 


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1 ‘‘(4) During the enhanced support qualifying 

2 period, the candidate submits to the Commission a 

3 request for the payment which includes— 

4 ‘‘(A) a statement of the number and 

5 amount of qualified small dollar contributions 

6 received by the candidate during the enhanced 

7 support qualifying period; 

8 ‘‘(B) a statement of the amount of the 

9 payment the candidate anticipates receiving 

10 with respect to the request; and 

11 ‘‘(C) such other information and assur12 ances as the Commission may require. 

13 ‘‘(5) After submitting a request for the addi14 tional payment under paragraph (4), the candidate 

15 does not submit any other application for an addi16 tional payment under this subtitle. 

17 ‘‘(b) ENHANCED SUPPORT QUALIFYING PERIOD DE18 SCRIBED.—In this subtitle, the term ‘enhanced support 

19 qualifying period’ means, with respect to a general elec20 tion, the period which begins 60 days before the date of 

21 the election and ends 14 days before the date of the elec22 tion. 

23 ‘‘SEC. 533. AMOUNT. 

24 ‘‘(a) IN GENERAL.—Subject to subsection (b), the 

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1 didate under this subtitle shall be an amount equal to 50 

2 percent of— 

3 ‘‘(1) the amount of the payment made to the 

4 candidate under section 501(b) with respect to the 

5 qualified small dollar contributions which are re6 ceived by the candidate during the enhanced support 

7 qualifying period (as included in the request sub8 mitted by the candidate under section 532(a)(4)); or 

9 ‘‘(2) in the case of a candidate who is not eligi10 ble to receive a payment under section 501(b) with 

11 respect to such qualified small dollar contributions 

12 because the candidate has reached the limit on the 

13 aggregate amount of payments under subtitle A for 

14 the election cycle under section 501(c), the amount 

15 of the payment which would have been made to the 

16 candidate under section 501(b) with respect to such 

17 qualified small dollar contributions if the candidate 

18 had not reached such limit. 

19 ‘‘(b) LIMIT.—The amount of the additional payment 

20 determined under subsection (a) with respect to a can21 didate may not exceed $500,000. 

22 ‘‘(c) NO EFFECT ON AGGREGATE LIMIT.—The 

23 amount of the additional payment made to a candidate 

24 under this subtitle shall not be included in determining 

25 the aggregate amount of payments made to a participating 


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1 candidate with respect to an election cycle under section 

2 501(c). 

3 ‘‘SEC. 534. WAIVER OF AUTHORITY TO RETAIN PORTION OF 

4 UNSPENT FUNDS AFTER ELECTION. 

5 ‘‘Notwithstanding section 524(a)(2), a candidate who 

6 receives an additional payment under this subtitle with re7 spect to an election is not permitted to withhold any por8 tion from the amount of unspent funds the candidate is 

9 required to remit to the Commission under section 

10 524(a)(1). 

11 ‘‘Subtitle E—Administrative 

12 Provisions 

13 ‘‘SEC. 541. FREEDOM FROM INFLUENCE FUND. 

14 ‘‘(a) ESTABLISHMENT.—There is established in the 

15 Treasury a fund to be known as the ‘Freedom From Influ16 ence Fund’. 

17 ‘‘(b) AMOUNTS HELD BY FUND.—The Fund shall 

18 consist of the following amounts: 

19 ‘‘(1) ASSESSMENTS AGAINST FINES, SETTLE20 MENTS, AND PENALTIES.—Amounts transferred 

21 under section 3015 of title 18, United States Code, 

22 section 9706 of title 31, United States Code, and 

23 section 6761 of the Internal Revenue Code of 1986. 

24 ‘‘(2) DEPOSITS.—Amounts deposited into the 

25 Fund under— 


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1 ‘‘(A) section 521(c)(1)(B) (relating to ex2 ceptions to contribution requirements); 

3 ‘‘(B) section 523 (relating to remittance of 

4 unused payments from the Fund); and 

5 ‘‘(C) section 544 (relating to violations). 

6 ‘‘(c) USE OF FUND TO MAKE PAYMENTS TO PAR7 TICIPATING CANDIDATES.— 

8 ‘‘(1) PAYMENTS TO PARTICIPATING CAN9 DIDATES.—Amounts in the Fund shall be available 

10 without further appropriation or fiscal year limita11 tion to make payments to participating candidates 

12 as provided in this title. 

13 ‘‘(2) MANDATORY REDUCTION OF PAYMENTS IN

14 CASE OF INSUFFICIENT AMOUNTS IN FUND.— 

15 ‘‘(A) ADVANCE AUDITS BY COMMISSION.— 

16 Not later than 90 days before the first day of 

17 each election cycle (beginning with the first 

18 election cycle that begins after the date of the 

19 enactment of this title), the Commission shall— 

20 ‘‘(i) audit the Fund to determine 

21 whether the amounts in the Fund will be 

22 sufficient to make payments to partici23 pating candidates in the amounts provided 

24 in this title during such election cycle; and 


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1 ‘‘(ii) submit a report to Congress de2 scribing the results of the audit. 

3 ‘‘(B) REDUCTIONS IN AMOUNT OF PAY4 MENTS.— 

5 ‘‘(i) AUTOMATIC REDUCTION ON PRO

6 RATA BASIS.—If, on the basis of the audit 

7 described in subparagraph (A), the Com8 mission determines that the amount antici9 pated to be available in the Fund with re10 spect to the election cycle involved is not, 

11 or may not be, sufficient to satisfy the full 

12 entitlements of participating candidates to 

13 payments under this title for such election 

14 cycle, the Commission shall reduce each 

15 amount which would otherwise be paid to 

16 a participating candidate under this title 

17 by such pro rata amount as may be nec18 essary to ensure that the aggregate 

19 amount of payments anticipated to be 

20 made with respect to the election cycle will 

21 not exceed the amount anticipated to be 

22 available for such payments in the Fund 

23 with respect to such election cycle. 

24 ‘‘(ii) RESTORATION OF REDUCTIONS

25 IN CASE OF AVAILABILITY OF SUFFICIENT


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1 FUNDS DURING ELECTION CYCLE.—If, 

2 after reducing the amounts paid to partici3 pating candidates with respect to an elec4 tion cycle under clause (i), the Commission 

5 determines that there are sufficient 

6 amounts in the Fund to restore the 

7 amount by which such payments were re8 duced (or any portion thereof), to the ex9 tent that such amounts are available, the 

10 Commission may make a payment on a pro 

11 rata basis to each such participating can12 didate with respect to the election cycle in 

13 the amount by which such candidate’s pay14 ments were reduced under clause (i) (or 

15 any portion thereof, as the case may be). 

16 ‘‘(iii) NO USE OF AMOUNTS FROM

17 OTHER SOURCES.—In any case in which 

18 the Commission determines that there are 

19 insufficient moneys in the Fund to make 

20 payments to participating candidates under 

21 this title, moneys shall not be made avail22 able from any other source for the purpose 

23 of making such payments. 

24 ‘‘(d) USE OF FUND TO MAKE OTHER PAYMENTS.— 

25 In addition to the use described in subsection (d), amounts 


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1 in the Fund shall be available without further appropria2 tion or fiscal year limitation— 

3 ‘‘(1) to make payments to States under the My 

4 Voice Voucher Program under the Government By 

5 the People Act of 2021, subject to reductions under 

6 section 5101(f)(3) of such Act; 

7 ‘‘(2) to make payments to candidates under 

8 chapter 95 of subtitle H of the Internal Revenue 

9 Code of 1986, subject to reductions under section 

10 9013(b) of such Code; and 

11 ‘‘(3) to make payments to candidates under 

12 chapter 96 of subtitle H of the Internal Revenue 

13 Code of 1986, subject to reductions under section 

14 9043(b) of such Code. 

15 ‘‘(e) EFFECTIVE DATE.—This section shall take ef16 fect on the date of the enactment of this title. 

17 ‘‘SEC. 542. REVIEWS AND REPORTS BY GOVERNMENT AC18 COUNTABILITY OFFICE. 

19 ‘‘(a) REVIEW OF SMALL DOLLAR FINANCING.— 

20 ‘‘(1) IN GENERAL.—After each regularly sched21 uled general election for Federal office, the Comp22 troller General of the United States shall conduct a 

23 comprehensive review of the Small Dollar financing 

24 program under this title, including— 


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1 ‘‘(A) the maximum and minimum dollar 

2 amounts of qualified small dollar contributions 

3 under section 504; 

4 ‘‘(B) the number and value of qualified 

5 small dollar contributions a candidate is re6 quired to obtain under section 512(a) to be eli7 gible for certification as a participating can8 didate; 

9 ‘‘(C) the maximum amount of payments a 

10 candidate may receive under this title; 

11 ‘‘(D) the overall satisfaction of partici12 pating candidates and the American public with 

13 the program; and 

14 ‘‘(E) such other matters relating to financ15 ing of campaigns as the Comptroller General 

16 determines are appropriate. 

17 ‘‘(2) CRITERIA FOR REVIEW.—In conducting 

18 the review under subparagraph (A), the Comptroller 

19 General shall consider the following: 

20 ‘‘(A) QUALIFIED SMALL DOLLAR CON21 TRIBUTIONS.—Whether the number and dollar 

22 amounts of qualified small dollar contributions 

23 required strikes an appropriate balance regard24 ing the importance of voter involvement, the 

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1 pating, and fiscal responsibility, taking into 

2 consideration the number of primary and gen3 eral election participating candidates, the elec4 toral performance of those candidates, program 

5 cost, and any other information the Comptroller 

6 General determines is appropriate. 

7 ‘‘(B) REVIEW OF PAYMENT LEVELS.— 

8 Whether the totality of the amount of funds al9 lowed to be raised by participating candidates 

10 (including through qualified small dollar con11 tributions) and payments under this title are 

12 sufficient for voters in each State to learn about 

13 the candidates to cast an informed vote, taking 

14 into account the historic amount of spending by 

15 winning candidates, media costs, primary elec16 tion dates, and any other information the 

17 Comptroller General determines is appropriate. 

18 ‘‘(3) RECOMMENDATIONS FOR ADJUSTMENT OF

19 AMOUNTS.—Based on the review conducted under 

20 subparagraph (A), the Comptroller General may rec21 ommend to Congress adjustments of the following 

22 amounts: 

23 ‘‘(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 ten 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 

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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 18:47 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00616 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH 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 18:47 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00627 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH 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 18:47 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00634 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH 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 (E) of such para23 graph. 

24 ‘‘(C) EXCLUSION OF CANDIDATES WHO

25 ARE OFFICEHOLDERS.—Paragraph (1) does not 


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1 apply with respect to an authorized committee 

2 of a candidate who is a holder of Federal office. 

3 ‘‘(3) PERSONAL USE SERVICES DESCRIBED.— 

4 The personal use services described in this para5 graph are as follows: 

6 ‘‘(A) Child care services. 

7 ‘‘(B) Elder care services. 

8 ‘‘(C) Services similar to the services de9 scribed in subparagraph (A) or subparagraph 

10 (B) which are provided on behalf of any de11 pendent who is a qualifying relative under sec12 tion 152 of the Internal Revenue Code of 1986. 

13 ‘‘(D) Health insurance premiums.’’. 

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

15 this section shall take effect on the date of the enactment 

16 of this Act. 

17 Subtitle E—Empowering Small 

18 Dollar Donations 

19 SEC. 5401. PERMITTING POLITICAL PARTY COMMITTEES TO 

20 PROVIDE ENHANCED SUPPORT FOR CAN21 DIDATES THROUGH USE OF SEPARATE 

22 SMALL DOLLAR ACCOUNTS. 

23 (a) INCREASE IN LIMIT ON CONTRIBUTIONS TO CAN24 DIDATES.—Section 315(a)(2)(A) of the Federal Election 

25 Campaign Act of 1971 (52 U.S.C. 30116(a)(2)(A)) is 


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1 amended by striking ‘‘exceed $5,000’’ and inserting ‘‘ex2 ceed $5,000 or, in the case of a contribution made by a 

3 national committee of a political party from an account 

4 described in paragraph (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. 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. 

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 

21 voter, employee, consultant, donor, officer, or attor22 ney, with such political party or any of its can23 didates or elected public officials at any time during 


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1 the 5-year period ending on the date on which such 

2 individual is nominated to be a member of the Com3 mission. A majority of the number of members of 

4 the Commission who are serving at the time shall 

5 constitute a quorum.’’. 

6 (2) CONFORMING AMENDMENTS RELATING TO

7 REDUCTION IN NUMBER OF MEMBERS.—(A) Section 

8 306(c) of such Act (52 U.S.C. 30106(c)) is amended 

9 by striking the period at the end of the first sen10 tence and all that follows and inserting the fol11 lowing: ‘‘, except that an affirmative vote of a major12 ity of the members of the Commission who are serv13 ing at the time shall be required in order for the 

14 Commission to take any action in accordance with 

15 paragraph (6), (7), (8), or (9) of section 307(a) or 

16 with chapter 95 or chapter 96 of the Internal Rev17 enue Code of 1986. A member of the Commission 

18 may not delegate to any person his or her vote or 

19 any decisionmaking authority or duty vested in the 

20 Commission by the provisions of this Act’’. 

21 (B) Such Act is further amended by striking 

22 ‘‘affirmative vote of 4 of its members’’ and inserting 

23 ‘‘affirmative vote of a majority of the members of 

24 the Commission who are serving at the time’’ each 

25 place it appears in the following sections: 


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1 (i) Section 309(a)(2) (52 U.S.C. 

2 30109(a)(2)). 

3 (ii) Section 309(a)(4)(A)(i) (52 U.S.C. 

4 30109(a)(4)(A)(i)). 

5 (iii) Section 309(a)(5)(C) (52 U.S.C. 

6 30109(a)(5)(C)). 

7 (iv) Section 309(a)(6)(A) (52 U.S.C. 

8 30109(a)(6)(A)). 

9 (v) Section 311(b) (52 U.S.C. 30111(b)). 

10 (3) CONFORMING AMENDMENT RELATING TO

11 REMOVAL OF EX OFFICIO MEMBERS.—Section 

12 306(a) of such Act (52 U.S.C. 30106(a)) is amend13 ed by striking ‘‘(other than the Secretary of the Sen14 ate and the Clerk of the House of Representatives)’’ 

15 each place it appears in paragraphs (4) and (5). 

16 (b) TERMS OF SERVICE.—Section 306(a)(2) of such 

17 Act (52 U.S.C. 30106(a)(2)) is amended to read as fol18 lows: 

19 ‘‘(2) TERMS OF SERVICE.— 

20 ‘‘(A) IN GENERAL.—Each member of the 

21 Commission shall serve for a single term of 6 

22 years. 

23 ‘‘(B) SPECIAL RULE FOR INITIAL APPOINT24 MENTS.—Of the members first appointed to 

25 serve terms that begin in January 2024, the 


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1 President shall designate 2 to serve for a 3-year 

2 term. 

3 ‘‘(C) NO REAPPOINTMENT PERMITTED.— 

4 An individual who served a term as a member 

5 of the Commission may not serve for an addi6 tional term, except that— 

7 ‘‘(i) an individual who served a 3-year 

8 term under subparagraph (B) may also be 

9 appointed to serve a 6-year term under 

10 subparagraph (A); and 

11 ‘‘(ii) for purposes of this subpara12 graph, an individual who is appointed to 

13 fill a vacancy under subparagraph (D) 

14 shall not be considered to have served a 

15 term if the portion of the unexpired term 

16 the individual fills is less than 50 percent 

17 of the period of the term. 

18 ‘‘(D) VACANCIES.—Any vacancy occurring 

19 in the membership of the Commission shall be 

20 filled in the same manner as in the case of the 

21 original appointment. Except as provided in 

22 subparagraph (C), an individual appointed to 

23 fill a vacancy occurring other than by the expi24 ration of a term of office shall be appointed 


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1 only for the unexpired term of the member he 

2 or she succeeds. 

3 ‘‘(E) LIMITATION ON SERVICE AFTER EX4 PIRATION OF TERM.—A member of the Com5 mission may continue to serve on the Commis6 sion after the expiration of the member’s term 

7 for an additional period, but only until the ear8 lier of— 

9 ‘‘(i) the date on which the member’s 

10 successor has taken office as a member of 

11 the Commission; or 

12 ‘‘(ii) the expiration of the 1-year pe13 riod that begins on the last day of the 

14 member’s term.’’. 

15 (c) QUALIFICATIONS.—Section 306(a)(3) of such Act 

16 (52 U.S.C. 30106(a)(3)) is amended to read as follows: 

17 ‘‘(3) QUALIFICATIONS.— 

18 ‘‘(A) IN GENERAL.—The President may 

19 select an individual for service as a member of 

20 the Commission if the individual has experience 

21 in election law and has a demonstrated record 

22 of integrity, impartiality, and good judgment. 

23 ‘‘(B) ASSISTANCE OF BLUE RIBBON ADVI24 SORY PANEL.— 


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1 ‘‘(i) IN GENERAL.—Prior to the regu2 larly scheduled expiration of the term of a 

3 member of the Commission and upon the 

4 occurrence of a vacancy in the membership 

5 of the Commission prior to the expiration 

6 of a term, the President shall convene a 

7 Blue Ribbon Advisory Panel that includes 

8 individuals representing each major polit9 ical party and individuals who are inde10 pendent of a political party and that con11 sists of an odd number of individuals se12 lected by the President from retired Fed13 eral judges, former law enforcement offi14 cials, or individuals with experience in elec15 tion law, except that the President may not 

16 select any individual to serve on the panel 

17 who holds any public office at the time of 

18 selection. The President shall also make 

19 reasonable efforts to encourage racial, eth20 nic, and gender diversity on the panel. 

21 ‘‘(ii) RECOMMENDATIONS.—With re22 spect to each member of the Commission 

23 whose term is expiring or each vacancy in 

24 the membership of the Commission (as the 

25 case may be), the Blue Ribbon Advisory 


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1 Panel shall recommend to the President at 

2 least one but not more than 3 individuals 

3 for nomination for appointment as a mem4 ber of the Commission. 

5 ‘‘(iii) PUBLICATION.—At the time the 

6 President submits to the Senate the nomi7 nations for individuals to be appointed as 

8 members of the Commission, the President 

9 shall publish the Blue Ribbon Advisory 

10 Panel’s recommendations for such nomina11 tions. 

12 ‘‘(iv) EXEMPTION FROM FEDERAL AD13 VISORY COMMITTEE ACT.—The Federal 

14 Advisory Committee Act (5 U.S.C. App.) 

15 does not apply to a Blue Ribbon Advisory 

16 Panel convened under this subparagraph. 

17 ‘‘(C) PROHIBITING ENGAGEMENT WITH

18 OTHER BUSINESS OR EMPLOYMENT DURING

19 SERVICE.—A member of the Commission shall 

20 not engage in any other business, vocation, or 

21 employment. Any individual who is engaging in 

22 any other business, vocation, or employment at 

23 the time of his or her appointment to the Com24 mission shall terminate or liquidate such activVerDate Sep 11 2014 18:47 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00650 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

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1 ity no later than 90 days after such appoint2 ment.’’. 

3 SEC. 6003. ASSIGNMENT OF POWERS TO CHAIR OF FED4 ERAL ELECTION COMMISSION. 

5 (a) APPOINTMENT OF CHAIR BY PRESIDENT.— 

6 (1) IN GENERAL.—Section 306(a)(5) of the 

7 Federal Election Campaign Act of 1971 (52 U.S.C. 

8 30106(a)(5)) is amended to read as follows: 

9 ‘‘(5) CHAIR.— 

10 ‘‘(A) INITIAL APPOINTMENT.—Of the 

11 members first appointed to serve terms that 

12 begin in January 2024, one such member (as 

13 designated by the President at the time the 

14 President submits nominations to the Senate) 

15 shall serve as Chair of the Commission. 

16 ‘‘(B) SUBSEQUENT APPOINTMENTS.—Any 

17 individual who is appointed to succeed the 

18 member who serves as Chair of the Commission 

19 for the term beginning in January 2024 (as 

20 well as any individual who is appointed to fill 

21 a vacancy if such member does not serve a full 

22 term as Chair) shall serve as Chair of the Com23 mission. 

24 ‘‘(C) VICE CHAIR.—The Commission shall 

25 select, by majority vote of its members, one of 


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1 its members to serve as Vice Chair, who shall 

2 act as Chair in the absence or disability of the 

3 Chair or in the event of a vacancy in the posi4 tion of Chair.’’. 

5 (2) CONFORMING AMENDMENT.—Section 

6 309(a)(2) of such Act (52 U.S.C. 30109(a)(2)) is 

7 amended by striking ‘‘through its chairman or vice 

8 chairman’’ and inserting ‘‘through the Chair’’. 

9 (b) POWERS.— 

10 (1) ASSIGNMENT OF CERTAIN POWERS TO

11 CHAIR.—Section 307(a) of such Act (52 U.S.C. 

12 30107(a)) is amended to read as follows: 

13 ‘‘(a) DISTRIBUTION OF POWERS BETWEEN CHAIR

14 AND COMMISSION.— 

15 ‘‘(1) POWERS ASSIGNED TO CHAIR.— 

16 ‘‘(A) ADMINISTRATIVE POWERS.—The 

17 Chair of the Commission shall be the chief ad18 ministrative officer of the Commission and shall 

19 have the authority to administer the Commis20 sion and its staff, and (in consultation with the 

21 other members of the Commission) shall have 

22 the power— 

23 ‘‘(i) to appoint and remove the staff 

24 director of the Commission; 


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1 ‘‘(ii) to request the assistance (includ2 ing personnel and facilities) of other agen3 cies and departments of the United States, 

4 whose heads may make such assistance 

5 available to the Commission with or with6 out reimbursement; and 

7 ‘‘(iii) to prepare and establish the 

8 budget of the Commission and to make 

9 budget requests to the President, the Di10 rector of the Office of Management and 

11 Budget, and Congress. 

12 ‘‘(B) OTHER POWERS.—The Chair of the 

13 Commission shall have the power— 

14 ‘‘(i) to appoint and remove the gen15 eral counsel of the Commission with the 

16 concurrence of at least 2 other members of 

17 the Commission; 

18 ‘‘(ii) to require by special or general 

19 orders, any person to submit, under oath, 

20 such written reports and answers to ques21 tions as the Chair may prescribe; 

22 ‘‘(iii) to administer oaths or affirma23 tions; 

24 ‘‘(iv) to require by subpoena, signed 

25 by the Chair, the attendance and testimony 


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1 of witnesses and the production of all doc2 umentary evidence relating to the execu3 tion of its duties; 

4 ‘‘(v) in any proceeding or investiga5 tion, to order testimony to be taken by 

6 deposition before any person who is des7 ignated by the Chair, and shall have the 

8 power to administer oaths and, in such in9 stances, to compel testimony and the pro10 duction of evidence in the same manner as 

11 authorized under clause (iv); and 

12 ‘‘(vi) to pay witnesses the same fees 

13 and mileage as are paid in like cir14 cumstances in the courts of the United 

15 States. 

16 ‘‘(2) POWERS ASSIGNED TO COMMISSION.—The 

17 Commission shall have the power— 

18 ‘‘(A) to initiate (through civil actions for 

19 injunctive, declaratory, or other appropriate re20 lief), defend (in the case of any civil action 

21 brought under section 309(a)(8) of this Act) or 

22 appeal (including a proceeding before the Su23 preme Court on certiorari) any civil action in 

24 the name of the Commission to enforce the pro25 visions of this Act and chapter 95 and chapter 


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1 96 of the Internal Revenue Code of 1986, 

2 through its general counsel; 

3 ‘‘(B) to render advisory opinions under 

4 section 308 of this Act; 

5 ‘‘(C) to develop such prescribed forms and 

6 to make, amend, and repeal such rules, pursu7 ant to the provisions of chapter 5 of title 5, 

8 United States Code, as are necessary to carry 

9 out the provisions of this Act and chapter 95 

10 and chapter 96 of the Internal Revenue Code of 

11 1986; 

12 ‘‘(D) to conduct investigations and hear13 ings expeditiously, to encourage voluntary com14 pliance, and to report apparent violations to the 

15 appropriate law enforcement authorities; and 

16 ‘‘(E) to transmit to the President and Con17 gress not later than June 1 of each year a re18 port which states in detail the activities of the 

19 Commission in carrying out its duties under 

20 this Act, and which includes any recommenda21 tions for any legislative or other action the 

22 Commission considers appropriate. 

23 ‘‘(3) PERMITTING COMMISSION TO EXERCISE

24 OTHER POWERS OF CHAIR.—With respect to any in25 vestigation, action, or proceeding, the Commission, 


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1 by an affirmative vote of a majority of the members 

2 who are serving at the time, may exercise any of the 

3 powers of the Chair described in paragraph (1)(B).’’. 

4 (2) CONFORMING AMENDMENTS RELATING TO

5 PERSONNEL AUTHORITY.—Section 306(f) of such 

6 Act (52 U.S.C. 30106(f)) is amended— 

7 (A) by amending the first sentence of 

8 paragraph (1) to read as follows: ‘‘The Com9 mission shall have a staff director who shall be 

10 appointed by the Chair of the Commission in 

11 consultation with the other members and a gen12 eral counsel who shall be appointed by the 

13 Chair with the concurrence of at least two other 

14 members.’’; 

15 (B) in paragraph (2), by striking ‘‘With 

16 the approval of the Commission’’ and inserting 

17 ‘‘With the approval of the Chair of the Commis18 sion’’; and 

19 (C) by striking paragraph (3). 

20 (3) CONFORMING AMENDMENT RELATING TO

21 BUDGET SUBMISSION.—Section 307(d)(1) of such 

22 Act (52 U.S.C. 30107(d)(1)) is amended by striking 

23 ‘‘the Commission submits any budget’’ and inserting 

24 ‘‘the Chair (or, pursuant to subsection (a)(3), the 

25 Commission) submits any budget’’. 


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1 (4) OTHER CONFORMING AMENDMENTS.—Sec2 tion 306(c) of such Act (52 U.S.C. 30106(c)) is 

3 amended by striking ‘‘All decisions’’ and inserting 

4 ‘‘Subject to section 307(a), all decisions’’. 

5 (5) TECHNICAL AMENDMENT.—The heading of 

6 section 307 of such Act (52 U.S.C. 30107) is 

7 amended by striking ‘‘THE COMMISSION’’ and insert8 ing ‘‘THE CHAIR AND THE COMMISSION’’. 

9 SEC. 6004. REVISION TO ENFORCEMENT PROCESS. 

10 (a) STANDARD FOR INITIATING INVESTIGATIONS AND

11 DETERMINING WHETHER VIOLATIONS HAVE OC12 CURRED.— 

13 (1) REVISION OF STANDARDS.—Section 309(a) 

14 of the Federal Election Campaign Act of 1971 (52 

15 U.S.C. 30109(a)) is amended by striking paragraphs 

16 (2) and (3) and inserting the following: 

17 ‘‘(2)(A) The general counsel, upon receiving a com18 plaint filed with the Commission under paragraph (1) or 

19 upon the basis of information ascertained by the Commis20 sion in the normal course of carrying out its supervisory 

21 responsibilities, shall make a determination as to whether 

22 or not there is reason to believe that a person has com23 mitted, or is about to commit, a violation of this Act or 

24 chapter 95 or chapter 96 of the Internal Revenue Code 

25 of 1986, and as to whether or not the Commission should 


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1 either initiate an investigation of the matter or that the 

2 complaint should be dismissed. The general counsel shall 

3 promptly provide notification to the Commission of such 

4 determination and the reasons therefore, together with 

5 any written response submitted under paragraph (1) by 

6 the person alleged to have committed the violation. Upon 

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

8 date the general counsel provides such notification, the 

9 general counsel’s determination shall take effect, unless 

10 during such 30-day period the Commission, by vote of a 

11 majority of the members of the Commission who are serv12 ing at the time, overrules the general counsel’s determina13 tion. If the determination by the general counsel that the 

14 Commission should investigate the matter takes effect, or 

15 if the determination by the general counsel that the com16 plaint should be dismissed is overruled as provided under 

17 the previous sentence, the general counsel shall initiate an 

18 investigation of the matter on behalf of the Commission. 

19 ‘‘(B) If the Commission initiates an investigation 

20 pursuant to subparagraph (A), the Commission, through 

21 the Chair, shall notify the subject of the investigation of 

22 the alleged violation. Such notification shall set forth the 

23 factual basis for such alleged violation. The Commission 

24 shall make an investigation of such alleged violation, which 

25 may include a field investigation or audit, in accordance 


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1 with the provisions of this section. The general counsel 

2 shall provide notification to the Commission of any intent 

3 to issue a subpoena or conduct any other form of discovery 

4 pursuant to the investigation. Upon the expiration of the 

5 15-day period which begins on the date the general counsel 

6 provides such notification, the general counsel may issue 

7 the subpoena or conduct the discovery, unless during such 

8 15-day period the Commission, by vote of a majority of 

9 the members of the Commission who are serving at the 

10 time, prohibits the general counsel from issuing the sub11 poena or conducting the discovery. 

12 ‘‘(3)(A) Upon completion of an investigation under 

13 paragraph (2), the general counsel shall promptly submit 

14 to the Commission the general counsel’s recommendation 

15 that the Commission find either that there is probable 

16 cause or that there is not probable cause to believe that 

17 a person has committed, or is about to commit, a violation 

18 of this Act or chapter 95 or chapter 96 of the Internal 

19 Revenue Code of 1986, and shall include with the rec20 ommendation a brief stating the position of the general 

21 counsel on the legal and factual issues of the case. 

22 ‘‘(B) At the time the general counsel submits to the 

23 Commission the recommendation under subparagraph (A), 

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1 fore, shall provide the respondent with an opportunity to 

2 submit a brief within 30 days stating the position of the 

3 respondent on the legal and factual issues of the case and 

4 replying to the brief of the general counsel. The general 

5 counsel and shall promptly submit such brief to the Com6 mission upon receipt. 

7 ‘‘(C) Not later than 30 days after the general counsel 

8 submits the recommendation to the Commission under 

9 subparagraph (A) (or, if the respondent submits a brief 

10 under subparagraph (B), not later than 30 days after the 

11 general counsel submits the respondent’s brief to the Com12 mission under such subparagraph), the Commission shall 

13 approve or disapprove the recommendation by vote of a 

14 majority of the members of the Commission who are serv15 ing at the time.’’. 

16 (2) CONFORMING AMENDMENT RELATING TO

17 INITIAL RESPONSE TO FILING OF COMPLAINT.—Sec18 tion 309(a)(1) of such Act (52 U.S.C. 30109(a)(1)) 

19 is amended— 

20 (A) in the third sentence, by striking ‘‘the 

21 Commission’’ and inserting ‘‘the general coun22 sel’’; and 

23 (B) by amending the fourth sentence to 

24 read as follows: ‘‘Not later than 15 days after 

25 receiving notice from the general counsel under 


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1 the previous sentence, the person may provide 

2 the general counsel with a written response that 

3 no action should be taken against such person 

4 on the basis of the complaint.’’. 

5 (b) REVISION OF STANDARD FOR REVIEW OF DIS6 MISSAL OF COMPLAINTS.— 

7 (1) IN GENERAL.—Section 309(a)(8) of such 

8 Act (52 U.S.C. 30109(a)(8)) is amended to read as 

9 follows: 

10 ‘‘(8)(A)(i) Any party aggrieved by an order of the 

11 Commission dismissing a complaint filed by such party 

12 after finding either no reason to believe a violation has 

13 occurred or no probable cause a violation has occurred 

14 may file a petition with the United States District Court 

15 for the District of Columbia. Any petition under this sub16 paragraph shall be filed within 60 days after the date on 

17 which the party received notice of the dismissal of the 

18 complaint. 

19 ‘‘(ii) In any proceeding under this subparagraph, the 

20 court shall determine by de novo review whether the agen21 cy’s dismissal of the complaint is contrary to law. In any 

22 matter in which the penalty for the alleged violation is 

23 greater than $50,000, the court should disregard any 

24 claim or defense by the Commission of prosecutorial dis25 cretion as a basis for dismissing the complaint. 


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1 ‘‘(B)(i) Any party who has filed a complaint with the 

2 Commission and who is aggrieved by a failure of the Com3 mission, within one year after the filing of the complaint, 

4 to either dismiss the complaint or to find reason to believe 

5 a violation has occurred or is about to occur, may file a 

6 petition with the United States District Court for the Dis7 trict of Columbia. 

8 ‘‘(ii) In any proceeding under this subparagraph, the 

9 court shall treat the failure to act on the complaint as 

10 a dismissal of the complaint, and shall determine by de 

11 novo review whether the agency’s failure to act on the 

12 complaint is contrary to law. 

13 ‘‘(C) In any proceeding under this paragraph the 

14 court may declare that the dismissal of the complaint or 

15 the failure to act is contrary to law, and may direct the 

16 Commission to conform with such declaration within 30 

17 days, failing which the complainant may bring, in the 

18 name of such complainant, a civil action to remedy the 

19 violation involved in the original complaint.’’. 

20 (2) EFFECTIVE DATE.—The amendments made 

21 by paragraph (1) shall apply— 

22 (A) in the case of complaints which are 

23 dismissed by the Federal Election Commission, 

24 with respect to complaints which are dismissed 


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1 on or after the date of the enactment of this 

2 Act; and 

3 (B) in the case of complaints upon which 

4 the Federal Election Commission failed to act, 

5 with respect to complaints which were filed on 

6 or after the date of the enactment of this Act. 

7 SEC. 6005. PERMITTING APPEARANCE AT HEARINGS ON RE8 QUESTS FOR ADVISORY OPINIONS BY PER9 SONS OPPOSING THE REQUESTS. 

10 (a) IN GENERAL.—Section 308 of such Act (52 

11 U.S.C. 30108) is amended by adding at the end the fol12 lowing new subsection: 

13 ‘‘(e) To the extent that the Commission provides an 

14 opportunity for a person requesting an advisory opinion 

15 under this section (or counsel for such person) to appear 

16 before the Commission to present testimony in support of 

17 the request, and the person (or counsel) accepts such op18 portunity, the Commission shall provide a reasonable op19 portunity for an interested party who submitted written 

20 comments under subsection (d) in response to the request 

21 (or counsel for such interested party) to appear before the 

22 Commission to present testimony in response to the re23 quest.’’. 

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

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1 sory opinions under section 308 of the Federal Election 

2 Campaign Act of 1971 which are made on or after the 

3 date of the enactment of this Act. 

4 SEC. 6006. PERMANENT EXTENSION OF ADMINISTRATIVE 

5 PENALTY AUTHORITY. 

6 (a) EXTENSION OF AUTHORITY.—Section 

7 309(a)(4)(C)(v) of the Federal Election Campaign Act of 

8 1971 (52 U.S.C. 30109(a)(4)(C)(v)) is amended by strik9 ing ‘‘, and that end on or before December 31, 2023’’. 

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

11 subsection (a) shall take effect on December 31, 2020. 

12 SEC. 6007. RESTRICTIONS ON EX PARTE COMMUNICATIONS. 

13 Section 306(e) of the Federal Election Campaign Act 

14 of 1971 (52 U.S.C. 30106(e)) is amended— 

15 (1) by striking ‘‘(e) The Commission’’ and in16 serting ‘‘(e)(1) The Commission’’; and 

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

18 paragraph: 

19 ‘‘(2) Members and employees of the Commission shall 

20 be subject to limitations on ex parte communications, as 

21 provided in the regulations promulgated by the Commis22 sion regarding such communications which are in effect 

23 on the date of the enactment of this paragraph.’’. 


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1 SEC. 6008. CLARIFYING AUTHORITY OF FEC ATTORNEYS TO 

2 REPRESENT FEC IN SUPREME COURT. 

3 (a) CLARIFYING AUTHORITY.—Section 306(f)(4) of 

4 the Federal Election Campaign Act of 1971 (52 U.S.C. 

5 30106(f)(4)) is amended by striking ‘‘any action instituted 

6 under this Act, either (A) by attorneys’’ and inserting 

7 ‘‘any action instituted under this Act, including an action 

8 before the Supreme Court of the United States, either (A) 

9 by the General Counsel of the Commission and other at10 torneys’’. 

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

12 paragraph (1) shall apply with respect to actions insti13 tuted before, on, or after the date of the enactment of 

14 this Act. 

15 SEC. 6009. REQUIRING FORMS TO PERMIT USE OF ACCENT 

16 MARKS. 

17 (a) REQUIREMENT.—Section 311(a)(1) of the Fed18 eral Election Campaign Act of 1971 (52 U.S.C. 

19 30111(a)(1)) is amended by striking the semicolon at the 

20 end and inserting the following: ‘‘, and shall ensure that 

21 all such forms (including forms in an electronic format) 

22 permit the person using the form to include an accent 

23 mark as part of the person’s identification;’’. 

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

25 subsection (a) shall take effect upon the expiration of the 


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1 90-day period which begins on the date of the enactment 

2 of this Act. 

3 SEC. 6010. EFFECTIVE DATE; TRANSITION. 

4 (a) IN GENERAL.—Except as otherwise provided, the 

5 amendments made by this subtitle shall apply beginning 

6 January 1, 2024. 

7 (b) TRANSITION.— 

8 (1) TERMINATION OF SERVICE OF CURRENT

9 MEMBERS.—Notwithstanding any provision of the 

10 Federal Election Campaign Act of 1971, the term of 

11 any individual serving as a member of the Federal 

12 Election Commission as of December 31, 2023, shall 

13 expire on that date. 

14 (2) NO EFFECT ON EXISTING CASES OR PRO15 CEEDINGS.—Nothing in this subtitle or in any 

16 amendment made by this subtitle shall affect any of 

17 the powers exercised by the Federal Election Com18 mission prior to December 31, 2023, including any 

19 investigation initiated by the Commission prior to 

20 such date or any proceeding (including any enforce21 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 4431 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; or 

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. 

8 ‘‘(2) MEANS OF DISPOSAL; PRIORITIZATION.— 

9 Beginning on the date the 6-year period described in 

10 subparagraph (A) of paragraph (1) ends (or, in the 

11 case of an individual described in subparagraph (B) 

12 of such paragraph, the date on which the individual 

13 becomes a registered lobbyist under the Lobbying 

14 Disclosure Act of 1995), contributions or donations 

15 that remain available to an individual described in 

16 such paragraph shall be disposed of, not later than 

17 30 days after such date, as follows: 

18 ‘‘(A) First, to pay any debts or obligations 

19 owed in connection with the campaign for elec20 tion for Federal office of the individual. 

21 ‘‘(B) Second, to the extent such contribu22 tion or donations remain available after the ap23 plication of subparagraph (A), through any of 

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1 tion thereof), in any order the individual con2 siders appropriate: 

3 ‘‘(i) Returning such contributions or 

4 donations to the individuals, entities, or 

5 both, who made such contributions or do6 nations. 

7 ‘‘(ii) Making contributions to an orga8 nization described in section 170(c) of the 

9 Internal Revenue Code of 1986. 

10 ‘‘(iii) Making transfers to a national, 

11 State, or local committee of a political 

12 party.’’. 

13 SEC. 6202. 1-YEAR TRANSITION PERIOD FOR CERTAIN INDI14 VIDUALS. 

15 (a) IN GENERAL.—In the case of an individual de16 scribed in subsection (b), any contributions or donations 

17 remaining available to the individual shall be disposed of— 

18 (1) not later than one year after the date of the 

19 enactment of this section; and 

20 (2) in accordance with the prioritization speci21 fied in subparagraphs (A) through (D) of subsection 

22 (c)(2) of section 313 of the Federal Election Cam23 paign Act of 1971 (52 U.S.C. 30114), as amended 

24 by section 6201. 


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1 (b) INDIVIDUALS DESCRIBED.—An individual de2 scribed in this subsection is an individual who, as of the 

3 date of the enactment of this section— 

4 (1)(A) is not a candidate with respect to an 

5 election for any Federal office for a period of not 

6 less than 6 years beginning on the day after the date 

7 of the most recent such election in which the indi8 vidual was a candidate for any such office; or 

9 (B) is an individual who becomes a registered 

10 lobbyist under the Lobbying Disclosure Act of 1995; 

11 and 

12 (2) would be in violation of subsection (c) of 

13 section 313 of the Federal Election Campaign Act of 

14 1971 (52 U.S.C. 30114), as amended by section 

15 6201. 

16 Subtitle D—Recommendations to 

17 Ensure Filing of Reports Before 

18 Date of Election 

19 SEC. 6301. RECOMMENDATIONS TO ENSURE FILING OF RE20 PORTS BEFORE DATE OF ELECTION. 

21 Not later than 180 days after the date of the enact22 ment of this Act, the Federal Election Commission shall 

23 submit a report to Congress providing recommendations, 

24 including recommendations for changes to existing law, on 

25 how to ensure that each political committee under the 


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1 Federal Election Campaign Act of 1971, including a com2 mittee which accepts donations or contributions that do 

3 not comply with the limitations, prohibitions, and report4 ing requirements of such Act, will file a report under sec5 tion 304 of such Act prior to the date of the election for 

6 which the committee receives contributions or makes dis7 bursements, without regard to the date on which the com8 mittee first registered under such Act, and shall include 

9 specific recommendations to ensure that such committees 

10 will not delay until after the date of the election the re11 porting of the identification of persons making contribu12 tions that will be used to repay debt incurred by the com13 mittee. 

14 Subtitle E—Severability 

15 SEC. 6401. SEVERABILITY. 

16 If any provision of this title or amendment made by 

17 this title, or the application of a provision or amendment 

18 to any person or circumstance, is held to be unconstitu19 tional, the remainder of this title and amendments made 

20 by this title, and the application of the provisions and 

21 amendment to any person or circumstance, shall not be 

22 affected by the holding. 

23 DIVISION C—ETHICS 

24 TITLE VII—ETHICAL STANDARDS 

Subtitle A—Supreme Court Ethics 

Sec. 7001. Code of conduct for Federal judges. 


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Subtitle B—Foreign Agents Registration 

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

Department of Justice. 

Sec. 7102. Authority to impose civil money penalties. 

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

Sec. 7104. Ensuring online access to registration statements. 

Subtitle C—Lobbying Disclosure Reform 

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

Sec. 7202. 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. 

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.’’. 


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

2 for chapter 57 of title 28, United States Code, is amended 

3 by adding after the item related to section 963 the fol4 lowing: 

‘‘964. Code of conduct.’’. 

5 Subtitle B—Foreign Agents 

6 Registration 

7 SEC. 7101. ESTABLISHMENT OF FARA INVESTIGATION AND 

8 ENFORCEMENT UNIT WITHIN DEPARTMENT 

9 OF JUSTICE. 

10 Section 8 of the Foreign Agents Registration Act of 

11 1938, as amended (22 U.S.C. 618) is amended by adding 

12 at the end the following new subsection: 

13 ‘‘(i) DEDICATED ENFORCEMENT UNIT.— 

14 ‘‘(1) ESTABLISHMENT.—Not later than 180 

15 days after the date of enactment of this subsection, 

16 the Attorney General shall establish a unit within 

17 the counterespionage section of the National Secu18 rity Division of the Department of Justice with re19 sponsibility for the enforcement of this Act. 

20 ‘‘(2) POWERS.—The unit established under this 

21 subsection is authorized to— 

22 ‘‘(A) take appropriate legal action against 

23 individuals suspected of violating this Act; and 


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1 ‘‘(B) coordinate any such legal action with 

2 the United States Attorney for the relevant ju3 risdiction. 

4 ‘‘(3) CONSULTATION.—In operating the unit es5 tablished under this subsection, the Attorney Gen6 eral shall, as appropriate, consult with the Director 

7 of National Intelligence, the Secretary of Homeland 

8 Security, and the Secretary of State. 

9 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

10 There are authorized to be appropriated to carry out 

11 the activities of the unit established under this sub12 section $10,000,000 for fiscal year 2021 and each 

13 succeeding fiscal year.’’. 

14 SEC. 7102. AUTHORITY TO IMPOSE CIVIL MONEY PEN15 ALTIES. 

16 (a) ESTABLISHING AUTHORITY.—Section 8 of the 

17 Foreign Agents Registration Act of 1938, as amended (22 

18 U.S.C. 618) is amended by inserting after subsection (c) 

19 the following new subsection: 

20 ‘‘(d) CIVIL MONEY PENALTIES.— 

21 ‘‘(1) REGISTRATION STATEMENTS.—Whoever 

22 fails to file timely or complete a registration state23 ment as provided under section 2(a) shall be subject 

24 to a civil money penalty of not more than $10,000 

25 per violation. 


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1 ‘‘(2) SUPPLEMENTS.—Whoever fails to file 

2 timely or complete supplements as provided under 

3 section 2(b) shall be subject to a civil money penalty 

4 of not more than $1,000 per violation. 

5 ‘‘(3) OTHER VIOLATIONS.—Whoever knowingly 

6 fails to— 

7 ‘‘(A) remedy a defective filing within 60 

8 days after notice of such defect by the Attorney 

9 General; or 

10 ‘‘(B) comply with any other provision of 

11 this Act, 

12 shall upon proof of such knowing violation by a pre13 ponderance of the evidence, be subject to a civil 

14 money penalty of not more than $200,000, depend15 ing on the extent and gravity of the violation. 

16 ‘‘(4) NO FINES PAID BY FOREIGN PRIN17 CIPALS.—A civil money penalty paid under para18 graph (1) may not be paid, directly or indirectly, by 

19 a foreign principal. 

20 ‘‘(5) USE OF FINES.—All civil money penalties 

21 collected under this subsection shall be used to de22 fray the cost of the enforcement unit established 

23 under subsection (i).’’. 


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

2 subsection (a) shall take effect on the date of the enact3 ment of this Act. 

4 SEC. 7103. DISCLOSURE OF TRANSACTIONS INVOLVING 

5 THINGS OF FINANCIAL VALUE CONFERRED 

6 ON OFFICEHOLDERS. 

7 (a) REQUIRING AGENTS TO DISCLOSE KNOWN

8 TRANSACTIONS.— 

9 (1) IN GENERAL.—Section 2(a) of the Foreign 

10 Agents Registration Act of 1938, as amended (22 

11 U.S.C. 612(a)) is amended— 

12 (A) by redesignating paragraphs (10) and 

13 (11) as paragraphs (11) and (12); and 

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

15 following new paragraph: 

16 ‘‘(10) To the extent that the registrant has 

17 knowledge of any transaction which occurred in the 

18 preceding 60 days and in which the foreign principal 

19 for whom the registrant is acting as an agent con20 ferred on a Federal or State officeholder any thing 

21 of financial value, including a gift, profit, salary, fa22 vorable regulatory treatment, or any other direct or 

23 indirect economic or financial benefit, a detailed 

24 statement describing each such transaction.’’. 


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1 (2) EFFECTIVE DATE.—The amendments made 

2 by paragraph (1) shall apply with respect to state3 ments filed on or after the expiration of the 90-day 

4 period which begins on the date of the enactment of 

5 this Act. 

6 (b) SUPPLEMENTAL DISCLOSURE FOR CURRENT

7 REGISTRANTS.—Not later than the expiration of the 90- 

8 day period which begins on the date of the enactment of 

9 this Act, each registrant who (prior to the expiration of 

10 such period) filed a registration statement with the Attor11 ney General under section 2(a) of the Foreign Agents Reg12 istration Act of 1938, as amended (22 U.S.C. 612(a)) and 

13 who has knowledge of any transaction described in para14 graph (10) of section 2(a) of such Act (as added by sub15 section (a)(1)) which occurred at any time during which 

16 the registrant was an agent of the foreign principal in17 volved, shall file with the Attorney General a supplement 

18 to such statement under oath, on a form prescribed by 

19 the Attorney General, containing a detailed statement de20 scribing each such transaction. 

21 SEC. 7104. ENSURING ONLINE ACCESS TO REGISTRATION 

22 STATEMENTS. 

23 (a) REQUIRING STATEMENTS FILED BY REG24 ISTRANTS TO BE IN DIGITIZED FORMAT.—Section 2(g) 

25 of the Foreign Agents Registration Act of 1938, as 


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1 amended (22 U.S.C. 612(g)) is amended by striking ‘‘in 

2 electronic form’’ and inserting ‘‘in a digitized format 

3 which will enable the Attorney General to meet the re4 quirements of section 6(d)(1) (relating to public access to 

5 an electronic database of statements and updates)’’. 

6 (b) REQUIREMENTS FOR ELECTRONIC DATABASE OF

7 REGISTRATION STATEMENTS AND UPDATES.—Section 

8 6(d)(1) of such Act (22 U.S.C. 616(d)(1)) is amended— 

9 (1) in the matter preceding subparagraph (A), 

10 by striking ‘‘to the extent technically practicable,’’; 

11 and 

12 (2) in subparagraph (A), by striking ‘‘includes 

13 the information’’ and inserting ‘‘includes in a 

14 digitized format the information’’. 

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

16 this section shall apply with respect to statements filed 

17 on or after the expiration of the 180-day period which be18 gins on the date of the enactment of this Act. 

19 Subtitle C—Lobbying Disclosure 

20 Reform 

21 SEC. 7201. EXPANDING SCOPE OF INDIVIDUALS AND AC22 TIVITIES SUBJECT TO REQUIREMENTS OF 

23 LOBBYING DISCLOSURE ACT OF 1995. 

24 (a) COVERAGE OF INDIVIDUALS PROVIDING COUN25 SELING SERVICES.— 


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1 (1) TREATMENT OF COUNSELING SERVICES IN

2 SUPPORT OF LOBBYING CONTACTS AS LOBBYING AC3 TIVITY.—Section 3(7) of the Lobbying Disclosure 

4 Act of 1995 (2 U.S.C. 1602(7)) is amended— 

5 (A) by striking ‘‘efforts’’ and inserting 

6 ‘‘any efforts’’; and 

7 (B) by striking ‘‘research and other back8 ground work’’ and inserting the following: 

9 ‘‘counseling in support of such preparation and 

10 planning activities, research, and other back11 ground work’’. 

12 (2) TREATMENT OF LOBBYING CONTACT MADE

13 WITH SUPPORT OF COUNSELING SERVICES AS LOB14 BYING CONTACT MADE BY INDIVIDUAL PROVIDING

15 SERVICES.—Section 3(8) of such Act (2 U.S.C. 

16 1602(8)) is amended by adding at the end the fol17 lowing new subparagraph: 

18 ‘‘(C) TREATMENT OF PROVIDERS OF

19 COUNSELING SERVICES.—Any individual, with 

20 authority to direct or substantially influence a 

21 lobbying contact or contacts made by another 

22 individual, and for financial or other compensa23 tion provides counseling services in support of 

24 preparation and planning activities which are 

25 treated as lobbying activities under paragraph 


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1 (7) for that other individual’s lobbying contact 

2 or contacts and who has knowledge that the 

3 specific lobbying contact or contacts were made, 

4 shall be considered to have made the same lob5 bying contact at the same time and in the same 

6 manner to the covered executive branch official 

7 or covered legislative branch official involved.’’. 

8 (b) REDUCTION OF PERCENTAGE EXEMPTION FOR

9 DETERMINATION OF THRESHOLD OF LOBBYING CON10 TACTS REQUIRED FOR INDIVIDUALS TO REGISTER AS

11 LOBBYISTS.—Section 3(10) of such Act (2 U.S.C. 

12 1602(10)) is amended by striking ‘‘less than 20 percent’’ 

13 and inserting ‘‘less than 10 percent’’. 

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

15 this section shall apply with respect to lobbying contacts 

16 made on or after the date of the enactment of this Act. 

17 SEC. 7202. PROHIBITING RECEIPT OF COMPENSATION FOR 

18 LOBBYING ACTIVITIES ON BEHALF OF FOR19 EIGN COUNTRIES VIOLATING HUMAN 

20 RIGHTS. 

21 (a) PROHIBITION.—The Lobbying Disclosure Act of 

22 1995 (2 U.S.C. 1601 et seq.) is amended by inserting 

23 after section 5 the following new section: 


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1 ‘‘SEC. 5A. PROHIBITING RECEIPT OF COMPENSATION FOR 

2 LOBBYING ACTIVITIES ON BEHALF OF FOR3 EIGN COUNTRIES VIOLATING HUMAN 

4 RIGHTS. 

5 ‘‘(a) PROHIBITION.—Notwithstanding any other pro6 vision of this Act, no person may accept financial or other 

7 compensation for lobbying activity under this Act on be8 half of a client who is a government which the President 

9 has determined is a government that engages in gross vio10 lations of human rights. 

11 ‘‘(b) CLARIFICATION OF TREATMENT OF DIPLO12 MATIC OR CONSULAR OFFICERS.—Nothing in this section 

13 may be construed to affect any activity of a duly accred14 ited diplomatic or consular officer of a foreign government 

15 who is so recognized by the Department of State, while 

16 said officer is engaged in activities which are recognized 

17 by the Department of State as being within the scope of 

18 the functions of such officer.’’. 

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

20 this section shall apply with respect to lobbying activity 

21 under the Lobbying Disclosure Act of 1995 which occurs 

22 pursuant to contracts entered into on or after the date 

23 of the enactment of this Act. 


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1 SEC. 7203. REQUIRING LOBBYISTS TO DISCLOSE STATUS AS 

2 LOBBYISTS UPON MAKING ANY LOBBYING 

3 CONTACTS. 

4 (a) MANDATORY DISCLOSURE AT TIME OF CON5 TACT.—Section 14 of the Lobbying Disclosure Act of 1995 

6 (2 U.S.C. 1609) is amended— 

7 (1) by striking subsections (a) and (b) and in8 serting the following: 

9 ‘‘(a) REQUIRING IDENTIFICATION AT TIME OF LOB10 BYING CONTACT.—Any person or entity that makes a lob11 bying contact with a covered legislative branch official or 

12 a covered executive branch official shall, at the time of 

13 the lobbying contact— 

14 ‘‘(1) indicate whether the person or entity is 

15 registered under this chapter and identify the client 

16 on whose behalf the lobbying contact is made; and 

17 ‘‘(2) indicate whether such client is a foreign 

18 entity and identify any foreign entity required to be 

19 disclosed under section 4(b)(4) that has a direct in20 terest in the outcome of the lobbying activity.’’; and 

21 (2) by redesignating subsection (c) as sub22 section (b). 

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

24 subsection (a) shall apply with respect to lobbying contacts 

25 made on or after the date of the enactment of this Act. 


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1 Subtitle D—Recusal of Presidential 

2 Appointees 

3 SEC. 7301. RECUSAL OF APPOINTEES. 

4 Section 208 of title 18, United States Code, is 

5 amended by adding at the end the following: 

6 ‘‘(e)(1) Any officer or employee appointed by the 

7 President shall recuse himself or herself from any par8 ticular matter involving specific parties in which a party 

9 to that matter is— 

10 ‘‘(A) the President who appointed the offi11 cer or employee, which shall include any entity 

12 in which the President has a substantial inter13 est; or 

14 ‘‘(B) the spouse of the President who ap15 pointed the officer or employee, which shall in16 clude any entity in which the spouse of the 

17 President has a substantial interest. 

18 ‘‘(2)(A) Subject to subparagraph (B), if an officer or 

19 employee is recused under paragraph (1), a career ap20 pointee in the agency of the officer or employee shall per21 form the functions and duties of the officer or employee 

22 with respect to the matter. 

23 ‘‘(B)(i) In this subparagraph, the term ‘Commission’ 

24 means a board, commission, or other agency for which the 

25 authority of the agency is vested in more than 1 member. 


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1 ‘‘(ii) If the recusal of a member of a Commission 

2 from a matter under paragraph (1) would result in there 

3 not being a statutorily required quorum of members of the 

4 Commission available to participate in the matter, not5 withstanding such statute or any other provision of law, 

6 the members of the Commission not recused under para7 graph (1) may— 

8 ‘‘(I) consider the matter without regard to the 

9 quorum requirement under such statute; 

10 ‘‘(II) delegate the authorities and responsibil11 ities of the Commission with respect to the matter 

12 to a subcommittee of the Commission; or 

13 ‘‘(III) designate an officer or employee of the 

14 Commission who was not appointed by the President 

15 who appointed the member of the Commission 

16 recused from the matter to exercise the authorities 

17 and duties of the recused member with respect to 

18 the matter. 

19 ‘‘(3) Any officer or employee who violates paragraph 

20 (1) shall be subject to the penalties set forth in section 

21 216. 

22 ‘‘(4) For purposes of this section, the term ‘particular 

23 matter’ shall have the meaning given the term in section 

24 207(i).’’. 


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1 Subtitle E—Clearinghouse on 

2 Lobbying Information 

3 SEC. 7401. ESTABLISHMENT OF CLEARINGHOUSE. 

4 (a) ESTABLISHMENT.—The Attorney General shall 

5 establish and operate within the Department of Justice 

6 a clearinghouse through which members of the public may 

7 obtain copies (including in electronic form) of registration 

8 statements filed under the Lobbying Disclosure Act of 

9 1995 (2 U.S.C. 1601 et seq.) and the Foreign Agents Reg10 istration Act of 1938, as amended (22 U.S.C. 611 et seq.). 

11 (b) FORMAT.—The Attorney General shall ensure 

12 that the information in the clearinghouse established 

13 under this Act is maintained in a searchable and sortable 

14 format. 

15 (c) AGREEMENTS WITH CLERK OF HOUSE AND SEC16 RETARY OF THE SENATE.—The Attorney General shall 

17 enter into such agreements with the Clerk of the House 

18 of Representatives and the Secretary of the Senate as may 

19 be necessary for the Attorney General to obtain registra20 tion statements filed with the Clerk and the Secretary 

21 under the Lobbying Disclosure Act of 1995 for inclusion 

22 in the clearinghouse. 


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1 Subtitle F—Severability 

2 SEC. 7501. 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 VIII—ETHICS REFORMS 

11 FOR THE PRESIDENT, VICE 

12 PRESIDENT, AND FEDERAL 

13 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. 


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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. 

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); 


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1 (A) by striking ‘‘any salary’’ and inserting 

2 ‘‘any salary (including a bonus)’’; and 

3 (B) by striking ‘‘as compensation for his 

4 services’’ and inserting ‘‘at any time, as com5 pensation for serving’’; and 

6 (2) in subsection (b)— 

7 (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

8 (B) by adding at the end the following: 

9 ‘‘(2) For purposes of paragraph (1), a pension, 

10 retirement, group life, health or accident insurance, 

11 profit-sharing, stock bonus, or other employee wel12 fare or benefit plan that makes payment of any por13 tion of compensation contingent on accepting a posi14 tion in the United States Government shall not be 

15 considered bona fide.’’. 

16 SEC. 8003. REQUIREMENTS RELATING TO SLOWING THE RE17 VOLVING DOOR. 

18 (a) IN GENERAL.—The Ethics in Government Act of 

19 1978 (5 U.S.C. App.) is amended by adding at the end 

20 the following: 

21 ‘‘TITLE VI—ENHANCED RE22 QUIREMENTS FOR CERTAIN 

23 EMPLOYEES 

24 ‘‘§ 601. Definitions 

25 ‘‘In this title: 


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1 ‘‘(1) COVERED AGENCY.—The term ‘covered 

2 agency’— 

3 ‘‘(A) means an Executive agency, as de4 fined in section 105 of title 5, United States 

5 Code, the Postal Service and the Postal Rate 

6 Commission, but does not include the Govern7 ment Accountability Office or the Government 

8 of the District of Columbia; and 

9 ‘‘(B) shall include the Executive Office of 

10 the President. 

11 ‘‘(2) COVERED EMPLOYEE.—The term ‘covered 

12 employee’ means an officer or employee referred to 

13 in paragraph (2) of section 207(c) or paragraph (1) 

14 of section 207(d) of title 18, United States Code. 

15 ‘‘(3) DIRECTOR.—The term ‘Director’ means 

16 the Director of the Office of Government Ethics. 

17 ‘‘(4) EXECUTIVE BRANCH.—The term ‘execu18 tive branch’ has the meaning given that term in sec19 tion 109. 

20 ‘‘(5) FORMER CLIENT.—The term ‘former cli21 ent’— 

22 ‘‘(A) means a person for whom a covered 

23 employee served personally as an agent, attor24 ney, or consultant during the 2-year period end25 ing on the date before the date on which the 


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1 covered employee begins service in the Federal 

2 Government; and 

3 ‘‘(B) does not include any agency or in4 strumentality of the Federal Government. 

5 ‘‘(6) FORMER EMPLOYER.—The term ‘former 

6 employer’— 

7 ‘‘(A) means a person for whom a covered 

8 employee served as an employee, officer, direc9 tor, trustee, agent, attorney, consultant, or con10 tractor during the 2 year period ending on the 

11 date before the date on which the covered em12 ployee begins service in the Federal Govern13 ment; and 

14 ‘‘(B) does not include— 

15 ‘‘(i) an entity in the Federal Govern16 ment, including an executive branch agen17 cy; 

18 ‘‘(ii) a State or local government; 

19 ‘‘(iii) the District of Columbia; 

20 ‘‘(iv) an Indian tribe, as defined in 

21 section 4 of the Indian Self-Determination 

22 and Education Assistance Act (25 U.S.C. 

23 5304); or 

24 ‘‘(v) the government of a territory or 

25 possession of the United States. 


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1 ‘‘(7) PARTICULAR MATTER.—The term ‘par2 ticular matter’ has the meaning given that term in 

3 section 207(i) of title 18, United States Code. 

4 ‘‘§ 602. Conflict of interest and eligibility standards 

5 ‘‘(a) IN GENERAL.—A covered employee may not 

6 participate personally and substantially in a particular 

7 matter in which the covered employee knows or reasonably 

8 should have known that a former employer or former cli9 ent of the covered employee has a financial interest. 

10 ‘‘(b) WAIVER.— 

11 ‘‘(1) IN GENERAL.— 

12 ‘‘(A) AGENCY HEADS.—With respect to the 

13 head of a covered agency who is a covered em14 ployee, the Designated Agency Ethics Official 

15 for the Executive Office of the President, in 

16 consultation with the Director, may grant a 

17 written waiver of the restrictions under sub18 section (a) before the head engages in the ac19 tion otherwise prohibited by such subsection if 

20 the Designated Agency Ethics Official for the 

21 Executive Office of the President determines 

22 and certifies in writing that, in light of all the 

23 relevant circumstances, the interest of the Fed24 eral Government in the head’s participation 

25 outweighs the concern that a reasonable person 


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1 may question the integrity of the agency’s pro2 grams or operations. 

3 ‘‘(B) OTHER COVERED EMPLOYEES.—With 

4 respect to any covered employee not covered by 

5 subparagraph (A), the head of the covered 

6 agency employing the covered employee, in con7 sultation with the Director, may grant a written 

8 waiver of the restrictions under subsection (a) 

9 before the covered employee engages in the ac10 tion otherwise prohibited by such subsection if 

11 the head of the covered agency determines and 

12 certifies in writing that, in light of all the rel13 evant circumstances, the interest of the Federal 

14 Government in the covered employee’s partici15 pation outweighs the concern that a reasonable 

16 person may question the integrity of the agen17 cy’s programs or operations. 

18 ‘‘(2) PUBLICATION.—For any waiver granted 

19 under paragraph (1), the individual who granted the 

20 waiver shall— 

21 ‘‘(A) provide a copy of the waiver to the 

22 Director not more than 48 hours after the waiv23 er is granted; and 


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1 ‘‘(B) publish the waiver on the website of 

2 the applicable agency not more than 30 cal3 endar days after granting such waiver. 

4 ‘‘(3) REVIEW.—Upon receiving a written waiver 

5 under paragraph (1)(A), the Director shall— 

6 ‘‘(A) review the waiver to determine wheth7 er the Director has any objection to the 

8 issuance of the waiver; and 

9 ‘‘(B) if the Director so objects— 

10 ‘‘(i) provide reasons for the objection 

11 in writing to the head of the agency who 

12 granted the waiver not more than 15 cal13 endar days after the waiver was granted; 

14 and 

15 ‘‘(ii) publish the written objection on 

16 the website of the Office of Government 

17 Ethics not more than 30 calendar days 

18 after the waiver was granted. 

19 ‘‘§ 603. Penalties and injunctions 

20 ‘‘(a) CRIMINAL PENALTIES.— 

21 ‘‘(1) IN GENERAL.—Any person who violates 

22 section 602 shall be fined under title 18, United 

23 States Code, imprisoned for not more than 1 year, 

24 or both. 


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1 ‘‘(2) WILLFUL VIOLATIONS.—Any person who 

2 willfully violates section 602 shall be fined under 

3 title 18, United States Code, imprisoned for not 

4 more than 5 years, or both. 

5 ‘‘(b) CIVIL ENFORCEMENT.— 

6 ‘‘(1) IN GENERAL.—The Attorney General may 

7 bring a civil action in an appropriate district court 

8 of the United States against any person who vio9 lates, or whom the Attorney General has reason to 

10 believe is engaging in conduct that violates, section 

11 602. 

12 ‘‘(2) CIVIL PENALTY.— 

13 ‘‘(A) IN GENERAL.—If the court finds by 

14 a preponderance of the evidence that a person 

15 violated section 602, the court shall impose a 

16 civil penalty of not more than the greater of— 

17 ‘‘(i) $100,000 for each violation; or 

18 ‘‘(ii) the amount of compensation the 

19 person received or was offered for the con20 duct constituting the violation. 

21 ‘‘(B) RULE OF CONSTRUCTION.—A civil 

22 penalty under this subsection may be in addi23 tion to any other criminal or civil statutory, 

24 common law, or administrative remedy available 

25 to the United States or any other person. 


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1 ‘‘(3) INJUNCTIVE RELIEF.— 

2 ‘‘(A) IN GENERAL.—In a civil action 

3 brought under paragraph (1) against a person, 

4 the Attorney General may petition the court for 

5 an order prohibiting the person from engaging 

6 in conduct that violates section 602. 

7 ‘‘(B) STANDARD.—The court may issue an 

8 order under subparagraph (A) if the court finds 

9 by a preponderance of the evidence that the 

10 conduct of the person violates section 602. 

11 ‘‘(C) RULE OF CONSTRUCTION.—The filing 

12 of a petition seeking injunctive relief under this 

13 paragraph shall not preclude any other remedy 

14 that is available by law to the United States or 

15 any other person.’’. 

16 SEC. 8004. PROHIBITION OF PROCUREMENT OFFICERS AC17 CEPTING EMPLOYMENT FROM GOVERNMENT 

18 CONTRACTORS. 

19 (a) EXPANSION OF PROHIBITION ON ACCEPTANCE

20 BY FORMER OFFICIALS OF COMPENSATION FROM CON21 TRACTORS.—Section 2104 of title 41, United States Code, 

22 is amended— 

23 (1) in subsection (a)— 

24 (A) in the matter preceding paragraph 

25 (1)— 


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1 (i) by striking ‘‘or consultant’’ and in2 serting ‘‘attorney, consultant, subcon3 tractor, or lobbyist’’; and 

4 (ii) by striking ‘‘one year’’ and insert5 ing ‘‘2 years’’; and 

6 (B) in paragraph (3), by striking ‘‘person7 ally made for the Federal agency’’ and inserting 

8 ‘‘participated personally and substantially in’’; 

9 and 

10 (2) by striking subsection (b) and inserting the 

11 following: 

12 ‘‘(b) PROHIBITION ON COMPENSATION FROM AFFILI13 ATES AND SUBCONTRACTORS.—A former official respon14 sible for a Government contract referred to in paragraph 

15 (1), (2), or (3) of subsection (a) may not accept compensa16 tion for 2 years after awarding the contract from any divi17 sion, affiliate, or subcontractor of the contractor.’’. 

18 (b) REQUIREMENT FOR PROCUREMENT OFFICERS

19 TO DISCLOSE JOB OFFERS MADE TO RELATIVES.—Sec20 tion 2103(a) of title 41, United States Code, is amended 

21 in the matter preceding paragraph (1) by inserting after 

22 ‘‘that official’’ the following: ‘‘, or for a relative (as defined 

23 in section 3110 of title 5) of that official,’’. 

24 (c) REQUIREMENT ON AWARD OF GOVERNMENT

25 CONTRACTS TO FORMER EMPLOYERS.— 


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1 (1) IN GENERAL.—Chapter 21 of division B of 

2 subtitle I of title 41, United States Code, is amend3 ed by adding at the end the following new section: 

4 ‘‘§ 2108. Prohibition on involvement by certain 

5 former contractor employees in procure6 ments 

7 ‘‘An employee of the Federal Government may not 

8 participate personally and substantially in any award of 

9 a contract to, or the administration of a contract awarded 

10 to, a contractor that is a former employer of the employee 

11 during the 2-year period beginning on the date on which 

12 the employee leaves the employment of the contractor.’’. 

13 (2) TECHNICAL AND CONFORMING AMEND14 MENT.—The table of sections for chapter 21 of title 

15 41, United States Code, is amended by adding at 

16 the end the following new item: 

‘‘2108. Prohibition on involvement by certain former contractor employees 

in procurements.’’. 

17 (d) REGULATIONS.—The Director of the Office of 

18 Government Ethics, in consultation with the Adminis19 trator of General Services, shall promulgate regulations to 

20 carry out and ensure the enforcement of chapter 21 of 

21 title 41, United States Code, as amended by this section. 

22 (e) MONITORING AND COMPLIANCE.—The Adminis23 trator of General Services, in consultation with designated 

24 agency ethics officials (as that term is defined in section 


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1 109(3) of the Ethics in Government Act of 1978 (5 U.S.C. 

2 App.)), shall monitor compliance with such chapter 21 by 

3 individuals and agencies. 

4 SEC. 8005. REVOLVING DOOR RESTRICTIONS ON EMPLOY5 EES MOVING INTO THE PRIVATE SECTOR. 

6 (a) IN GENERAL.—Subsection (c) of section 207 of 

7 title 18, United States Code, is amended— 

8 (1) in the subsection heading, by striking 

9 ‘‘ONE-YEAR’’ and inserting ‘‘TWO-YEAR’’; 

10 (2) in paragraph (1)— 

11 (A) by striking ‘‘1 year’’ in each instance 

12 and inserting ‘‘2 years’’; and 

13 (B) by inserting ‘‘, or conducts any lob14 bying activity to facilitate any communication 

15 to or appearance before,’’ after ‘‘any commu16 nication to or appearance before’’; and 

17 (3) in paragraph (2)(B), by striking ‘‘1-year’’ 

18 and inserting ‘‘2-year’’. 

19 (b) APPLICATION.—The amendments made by sub20 section (a) shall apply to any individual covered by sub21 section (c) of section 207 of title 18, United States Code, 

22 separating from the civil service on or after the date of 

23 enactment of this Act. 


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1 SEC. 8006. GUIDANCE ON UNPAID EMPLOYEES. 

2 (a) IN GENERAL.—Not later than 120 days after the 

3 date of enactment of this Act, the Director of the Office 

4 of Government Ethics shall issue guidance on ethical 

5 standards applicable to unpaid employees of an agency. 

6 (b) DEFINITIONS.—In this section— 

7 (1) the term ‘‘agency’’ includes the Executive 

8 Office of the President and the White House; and 

9 (2) the term ‘‘unpaid employee’’ includes any 

10 individual occupying a position at an agency and 

11 who is unpaid by operation of section 3110 of title 

12 5, United States Code, or any other provision of law, 

13 but does not include any employee who is unpaid 

14 due to a lapse in appropriations. 

15 SEC. 8007. LIMITATION ON USE OF FEDERAL FUNDS AND 

16 CONTRACTING AT BUSINESSES OWNED BY 

17 CERTAIN GOVERNMENT OFFICERS AND EM18 PLOYEES. 

19 (a) LIMITATION ON FEDERAL FUNDS.—Beginning in 

20 fiscal year 2022 and in each fiscal year thereafter, no Fed21 eral funds may be obligated or expended for purposes of 

22 procuring goods or services at any business owned or con23 trolled by a covered individual or any family member of 

24 such an individual, unless such obligation or expenditure 

25 of funds is authorized under the Presidential Protection 

26 Assistance Act of 1976 (Public Law 94–524). 


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1 (b) PROHIBITION ON CONTRACTS.—No Executive 

2 agency may enter into or hold a contract with a business 

3 owned or controlled by a covered individual or any family 

4 member of such an individual. 

5 (c) DETERMINATION OF OWNERSHIP.—For purposes 

6 of this section, a business shall be deemed to be owned 

7 or controlled by a covered individual or any family member 

8 of such an individual if the covered individual or member 

9 of family (as the case may be)— 

10 (1) is a member of the board of directors or 

11 similar governing body of the business; 

12 (2) directly or indirectly owns or controls more 

13 than 50 percent of the voting shares of the business; 

14 or 

15 (3) is the beneficiary of a trust which owns or 

16 controls more than 50 percent of the business and 

17 can direct distributions under the terms of the trust. 

18 (d) DEFINITIONS.—In this section: 

19 (1) COVERED INDIVIDUAL.—The term ‘‘covered 

20 individual’’ means— 

21 (A) the President; 

22 (B) the Vice President; 

23 (C) the head of any Executive department 

24 (as that term is defined in section 101 of title 

25 5, United States Code); and 


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1 (D) any individual occupying a position 

2 designated by the President as a Cabinet-level 

3 position. 

4 (2) FAMILY MEMBER.—The term ‘‘family mem5 ber’’ means an individual with any of the following 

6 relationships to a covered individual: 

7 (A) Spouse, and parents thereof. 

8 (B) Sons and daughters, and spouses 

9 thereof. 

10 (C) Parents, and spouses thereof. 

11 (D) Brothers and sisters, and spouses 

12 thereof. 

13 (E) Grandparents and grandchildren, and 

14 spouses thereof. 

15 (F) Domestic partner and parents thereof, 

16 including domestic partners of any individual in 

17 subparagraphs (A) through (E). 

18 (3) EXECUTIVE AGENCY.—The term ‘‘Executive 

19 agency’’ has the meaning given that term in section 

20 105 of title 5, United States Code. 

21 Subtitle B—Presidential Conflicts 

22 of Interest 

23 SEC. 8011. SHORT TITLE. 

24 This subtitle may be cited as the ‘‘Presidential Con25 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 two 

21 years from the date of the most recent gift or donation 

22 to the 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 any Executive order related to ethics commitments 

12 or compliance by covered employees, such officer or em13 ployee 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) OFFICE OF GOVERNMENT ETHICS PUBLIC

21 AVAILABILITY.—Not later than 30 days after receiving a 

22 written copy of a waiver or authorization under subsection 

23 (a)(1), the Director of the Office of Government Ethics 

24 shall make such waiver or authorization available to the 

25 public on the website of the Office of Government Ethics. 


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1 (c) DEFINITION OF COVERED EMPLOYEE.—In this 

2 section, the term ‘‘covered employee’’— 

3 (1) means a non-career Presidential or Vice 

4 Presidential appointee, non-career appointee in the 

5 Senior Executive Service (or other SES-type sys6 tem), or an appointee to a position that has been ex7 cepted from the competitive service by reason of 

8 being of a confidential or policymaking character 

9 (Schedule C and other positions excepted under com10 parable criteria) in an executive agency; and 

11 (2) does not include any individual appointed as 

12 a member of the Senior Foreign Service or solely as 

13 a uniformed service commissioned officer. 

14 Subtitle D—Executive Branch 

15 Ethics Enforcement 

16 SEC. 8031. SHORT TITLE. 

17 This subtitle may be cited as the ‘‘Executive Branch 

18 Comprehensive Ethics Enforcement Act of 2021’’. 

19 SEC. 8032. REAUTHORIZATION OF THE OFFICE OF GOVERN20 MENT ETHICS. 

21 Section 405 of the Ethics in Government Act of 1978 

22 (5 U.S.C. App.) is amended by striking ‘‘fiscal year 2007’’ 

23 and inserting ‘‘fiscal years 2021 through 2025.’’. 


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1 SEC. 8033. TENURE OF THE DIRECTOR OF THE OFFICE OF 

2 GOVERNMENT ETHICS. 

3 Section 401(b) of the Ethics in Government Act of 

4 1978 (5 U.S.C. App.) is amended by striking the period 

5 at the end and inserting ‘‘, subject to removal only for 

6 inefficiency, neglect of duty, or malfeasance in office. The 

7 Director may continue to serve beyond the expiration of 

8 the term until a successor is appointed and has qualified, 

9 except that the Director may not continue to serve for 

10 more than one year after the date on which the term would 

11 otherwise expire under this subsection.’’. 

12 SEC. 8034. DUTIES OF DIRECTOR OF THE OFFICE OF GOV13 ERNMENT ETHICS. 

14 (a) IN GENERAL.—Section 402(a) of the Ethics in 

15 Government Act of 1978 (5 U.S.C. App.) is amended by 

16 striking ‘‘, in consultation with the Office of Personnel 

17 Management,’’. 

18 (b) RESPONSIBILITIES OF THE DIRECTOR.—Section 

19 402(b) of the Ethics in Government Act of 1978 (5 U.S.C. 

20 App.) is amended— 

21 (1) in paragraph (1)— 

22 (A) by striking ‘‘developing, in consultation 

23 with the Attorney General and the Office of 

24 Personnel Management, rules and regulations 

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1 rector’’ and inserting ‘‘developing and promul2 gating rules and regulations’’; and 

3 (B) by striking ‘‘title II’’ and inserting 

4 ‘‘title I’’; 

5 (2) by striking paragraph (2) and inserting the 

6 following: 

7 ‘‘(2) providing mandatory education and train8 ing programs for designated agency ethics officials, 

9 which may be delegated to each agency or the White 

10 House Counsel as deemed appropriate by the Direc11 tor;’’; 

12 (3) in paragraph (3), by striking ‘‘title II’’ and 

13 inserting ‘‘title I’’; 

14 (4) in paragraph (4), by striking ‘‘problems’’ 

15 and inserting ‘‘issues’’; 

16 (5) in paragraph (6)— 

17 (A) by striking ‘‘issued by the President or 

18 the Director’’; and 

19 (B) by striking ‘‘problems’’ and inserting 

20 ‘‘issues’’; 

21 (6) in paragraph (7)— 

22 (A) by striking ‘‘, when requested,’’; and 

23 (B) by striking ‘‘conflict of interest prob24 lems’’ and inserting ‘‘conflicts of interest, as 

25 well as other ethics issues’’; 


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1 (7) in paragraph (9)— 

2 (A) by striking ‘‘ordering’’ and inserting 

3 ‘‘receiving allegations of violations of this Act or 

4 regulations of the Office of Government Ethics 

5 and, when necessary, investigating an allegation 

6 to determine whether a violation occurred, and 

7 ordering’’; and 

8 (B) by inserting before the semi-colon the 

9 following: ‘‘, and recommending appropriate 

10 disciplinary action’’; 

11 (8) in paragraph (12)— 

12 (A) by striking ‘‘evaluating, with the as13 sistance of’’ and inserting ‘‘promulgating, with 

14 input from’’; 

15 (B) by striking ‘‘the need for’’; and 

16 (C) by striking ‘‘conflict of interest and 

17 ethical problems’’ and inserting ‘‘conflict of in18 terest and ethics issues’’; 

19 (9) in paragraph (13)— 

20 (A) by striking ‘‘with the Attorney Gen21 eral’’ and inserting ‘‘with the Inspectors Gen22 eral and the Attorney General’’; 

23 (B) by striking ‘‘violations of the conflict 

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1 terest issues and allegations of violations of eth2 ics laws and regulations and this Act’’; and 

3 (C) by striking ‘‘, as required by section 

4 535 of title 28, United States Code’’; 

5 (10) in paragraph (14), by striking ‘‘and’’ at 

6 the end; 

7 (11) in paragraph (15)— 

8 (A) by striking ‘‘, in consultation with the 

9 Office of Personnel Management,’’; 

10 (B) by striking ‘‘title II’’ and inserting 

11 ‘‘title I’’; and 

12 (C) by striking the period at the end and 

13 inserting a semicolon; and 

14 (12) by adding at the end the following: 

15 ‘‘(16) directing and providing final approval, 

16 when determined appropriate by the Director, for 

17 designated agency ethics officials regarding the reso18 lution of conflicts of interest as well as any other 

19 ethics issues under the purview of this Act in indi20 vidual cases; and 

21 ‘‘(17) reviewing and approving, when deter22 mined appropriate by the Director, any recusals, ex23 emptions, or waivers from the conflicts of interest 

24 and ethics laws, rules, and regulations and making 

25 approved recusals, exemptions, and waivers made 


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1 publicly available by the relevant agency available in 

2 a central location on the official website of the Office 

3 of Government Ethics.’’. 

4 (c) WRITTEN PROCEDURES.—Paragraph (1) of sec5 tion 402(d) of the Ethics in Government Act of 1978 (5 

6 U.S.C. App.) is amended— 

7 (1) by striking ‘‘, by the exercise of any author8 ity otherwise available to the Director under this 

9 title,’’; 

10 (2) by striking ‘‘the agency is’’; and 

11 (3) by inserting after ‘‘filed by’’ the following: 

12 ‘‘, or written documentation of recusals, waivers, or 

13 ethics authorizations relating to,’’. 

14 (d) CORRECTIVE ACTIONS.—Section 402(f) of the 

15 Ethics in Government Act of 1978 (5 U.S.C. App.) is 

16 amended— 

17 (1) in paragraph (1)— 

18 (A) in clause (i) of subparagraph (A), by 

19 striking ‘‘of such agency’’; and 

20 (B) in subparagraph (B), by inserting be21 fore the period at the end ‘‘and determine that 

22 a violation of this Act has occurred and issue 

23 appropriate administrative or legal remedies as 

24 prescribed in paragraph (2)’’; 

25 (2) in paragraph (2)— 


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1 (A) in subparagraph (A)— 

2 (i) in clause (ii)— 

3 (I) in subclause (I)— 

4 (aa) by inserting ‘‘to the 

5 President or the President’s des6 ignee if the matter involves em7 ployees of the Executive Office of 

8 the President or’’ after ‘‘may rec9 ommend’’; 

10 (bb) by striking ‘‘and’’ at 

11 the end; and 

12 (II) in subclause (II)— 

13 (aa) by inserting ‘‘President 

14 or’’ after ‘‘determines that the’’; 

15 and 

16 (bb) by adding ‘‘and’’ at the 

17 end; 

18 (ii) in subclause (II) of clause (iii)— 

19 (I) by striking ‘‘notify, in writ20 ing,’’ and inserting ‘‘advise the Presi21 dent or order’’; 

22 (II) by inserting ‘‘to take appro23 priate disciplinary action including 

24 reprimand, suspension, demotion, or 

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1 ployee (provided, however, that any 

2 order issued by the Director shall not 

3 affect an employee’s right to appeal a 

4 disciplinary action under applicable 

5 law, regulation, collective bargaining 

6 agreement, or contractual provision).’’ 

7 after ‘‘employee’s agency’’; and 

8 (III) by striking ‘‘of the officer’s 

9 or employee’s noncompliance, except 

10 that, if the officer or employee in11 volved is the agency head, the notifi12 cation shall instead be submitted to 

13 the President; and’’; and 

14 (iii) by striking clause (iv); 

15 (B) in subparagraph (B)(i)— 

16 (i) by striking ‘‘subparagraph (A)(iii) 

17 or (iv)’’ and inserting ‘‘subparagraph (A)’’; 

18 (ii) by inserting ‘‘(I)’’ before ‘‘In 

19 order to’’; and 

20 (iii) by adding at the end the fol21 lowing: 

22 ‘‘(II)(aa) The Director may se23 cure directly from any agency infor24 mation necessary to enable the Direc25 tor to carry out this Act. Upon reVerDate Sep 11 2014 18:47 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00733 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

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1 quest of the Director, the head of 

2 such agency shall furnish that infor3 mation to the Director. 

4 ‘‘(bb) The Director may re5 quire by subpoena the production 

6 of all information, documents, re7 ports, answers, records, accounts, 

8 papers, and other data in any 

9 medium and documentary evi10 dence necessary in the perform11 ance of the functions assigned by 

12 this Act, which subpoena, in the 

13 case of refusal to obey, shall be 

14 enforceable by order of any ap15 propriate United States district 

16 court.’’; 

17 (C) in subparagraph (B)(ii)(I)— 

18 (i) by striking ‘‘Subject to clause (iv) 

19 of this subparagraph, before’’ and insert20 ing ‘‘Before’’; and 

21 (ii) by striking ‘‘subparagraphs (A) 

22 (iii) or (iv)’’ and inserting ‘‘subparagraph 

23 (A)(iii)’’; 


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1 (D) in subparagraph (B)(iii), by striking 

2 ‘‘Subject to clause (iv) of this subparagraph, 

3 before’’ and inserting ‘‘Before’’; and 

4 (E) in subparagraph (B)(iv)— 

5 (i) by striking ‘‘title 2’’ and inserting 

6 ‘‘title I’’; and 

7 (ii) by striking ‘‘section 206’’ and in8 serting ‘‘section 106’’; and 

9 (3) in paragraph (4), by striking ‘‘(iv),’’. 

10 (e) DEFINITIONS.—Section 402 of the Ethics in Gov11 ernment Act of 1978 (5 U.S.C. App.) is amended by add12 ing at the end the following: 

13 ‘‘(g) For purposes of this title— 

14 ‘‘(1) the term ‘agency’ shall include the Execu15 tive Office of the President; and 

16 ‘‘(2) the term ‘officer or employee’ shall include 

17 any individual occupying a position, providing any 

18 official services, or acting in an advisory capacity, in 

19 the White House or the Executive Office of the 

20 President. 

21 ‘‘(h) In this title, a reference to the head of an agency 

22 shall include the President or the President’s designee. 

23 ‘‘(i) The Director shall not be required to obtain the 

24 prior approval, comment, or review of any officer or agen25 cy of the United States, including the Office of ManageVerDate Sep 11 2014 18:47 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00735 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH H1

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1 ment and Budget, before submitting to Congress, or any 

2 committee or subcommittee thereof, any information, re3 ports, recommendations, testimony, or comments, if such 

4 submissions include a statement indicating that the views 

5 expressed therein are those of the Director and do not nec6 essarily represent the views of the President.’’. 

7 SEC. 8035. AGENCY ETHICS OFFICIALS TRAINING AND DU8 TIES. 

9 (a) IN GENERAL.—Section 403 of the Ethics in Gov10 ernment Act of 1978 (5 U.S.C. App.) is amended— 

11 (1) in subsection (a), by adding a period at the 

12 end of the matter following paragraph (2); and 

13 (2) by adding at the end the following: 

14 ‘‘(c)(1) All designated agency ethics officials and al15 ternate designated agency ethics officials shall register 

16 with the Director as well as with the appointing authority 

17 of the official. 

18 ‘‘(2) The Director shall provide ethics education 

19 and training to all designated and alternate des20 ignated agency ethics officials in a time and manner 

21 deemed appropriate by the Director. 

22 ‘‘(3) Each designated agency ethics official and 

23 each alternate designated agency ethics official shall 

24 biannually attend ethics education and training, as 

25 provided by the Director under paragraph (2). 


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1 ‘‘(d) Each Designated Agency Ethics Official, includ2 ing the Designated Agency Ethics Official for the Execu3 tive Office of the President— 

4 ‘‘(1) shall provide to the Director, in writing, in 

5 a searchable, sortable, and downloadable format, all 

6 approvals, authorizations, certifications, compliance 

7 reviews, determinations, directed divestitures, public 

8 financial disclosure reports, notices of deficiency in 

9 compliance, records related to the approval or ac10 ceptance of gifts, recusals, regulatory or statutory 

11 advisory opinions, waivers, including waivers under 

12 section 207 or 208 of title 18, United States Code, 

13 and any other records designated by the Director, 

14 unless disclosure is prohibited by law; 

15 ‘‘(2) shall, for all information described in para16 graph (1) that is permitted to be disclosed to the 

17 public under law, make the information available to 

18 the public by publishing the information on the 

19 website of the Office of Government Ethics, pro20 viding a link to download an electronic copy of the 

21 information, or providing printed paper copies of 

22 such information to the public; and 

23 ‘‘(3) may charge a reasonable fee for the cost 

24 of providing paper copies of the information pursu25 ant to paragraph (2). 


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1 ‘‘(e)(1) For all information that is provided by an 

2 agency to the Director under paragraph (1) of subsection 

3 (d), the Director shall make the information available to 

4 the public in a searchable, sortable, downloadable format 

5 by publishing the information on the website of the Office 

6 of Government Ethics or providing a link to download an 

7 electronic copy of the information. 

8 ‘‘(2) The Director may, upon request, provide printed 

9 paper copies of the information published under para10 graph (1) and charge a reasonable fee for the cost of print11 ing such copies.’’. 

12 (b) REPEAL.—Section 408 of the Ethics in Govern13 ment Act of 1978 (5 U.S.C. App.) is hereby repealed. 

14 SEC. 8036. PROHIBITION ON USE OF FUNDS FOR CERTAIN 

15 FEDERAL EMPLOYEE TRAVEL IN CON16 TRAVENTION OF CERTAIN REGULATIONS. 

17 (a) IN GENERAL.—Beginning on the date of enact18 ment of this Act, no Federal funds appropriated or other19 wise made available in any fiscal year may be used for 

20 the travel expenses of any senior Federal official in con21 travention of sections 301–10.260 through 301–10.266 of 

22 title 41, Code of Federal Regulations, or any successor 

23 regulation. 

24 (b) QUARTERLY REPORT ON TRAVEL.— 


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1 (1) IN GENERAL.—Not later than 90 days after 

2 the date of enactment of this Act and every 90 days 

3 thereafter, the head of each Federal agency shall 

4 submit a report to the Committee on Oversight and 

5 Reform of the House of Representatives and the 

6 Committee on Homeland Security and Governmental 

7 Affairs of the Senate detailing travel on Government 

8 aircraft by any senior Federal official employed at 

9 the applicable agency. 

10 (2) APPLICATION.—Any report required under 

11 paragraph (1) shall not include any classified travel, 

12 and nothing in this Act shall be construed to super13 sede, alter, or otherwise affect the application of sec14 tion 101–37.408 of title 41, Code of Federal Regula15 tions, or any successor regulation. 

16 (c) TRAVEL REGULATION REPORT.—Not later than 

17 one year after enactment of this Act, the Director of the 

18 Office of Government Ethics shall submit a report to Con19 gress detailing suggestions on strengthening Federal trav20 el regulations. On the date such report is so submitted, 

21 the Director shall publish such report on the Office’s pub22 lic website. 

23 (d) SENIOR FEDERAL OFFICIAL DEFINED.—In this 

24 section, the term ‘‘senior Federal official’’ has the mean25 ing given that term in section 101–37.100 of title 41, Code 


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1 of Federal Regulations, as in effect on the date of enact2 ment of this Act, and includes any senior executive branch 

3 official (as that term is defined in such section). 

4 SEC. 8037. REPORTS ON COST OF PRESIDENTIAL TRAVEL. 

5 (a) REPORT REQUIRED.—Not later than 90 days 

6 after the date of the enactment of this Act, and every 90 

7 days thereafter, the Secretary of Defense, in consultation 

8 with the Secretary of the Air Force, shall submit to the 

9 Chairman and Ranking Member of the Committee on 

10 Armed Services of the House of Representatives a report 

11 detailing the direct and indirect costs to the Department 

12 of Defense in support of Presidential travel. Each such 

13 report shall include costs incurred for travel to a property 

14 owned or operated by the individual serving as President 

15 or an immediate family member of such individual. 

16 (b) IMMEDIATE FAMILY MEMBER DEFINED.—In this 

17 section, the term ‘‘immediate family member’’ means the 

18 spouse of such individual, the adult or minor child of such 

19 individual, or the spouse of an adult child of such indi20 vidual. 

21 SEC. 8038. REPORTS ON COST OF SENIOR FEDERAL OFFI22 CIAL 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 shall submit to 


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1 the Chairman and Ranking Member of the Committee on 

2 Armed Services of the House of Representatives a report 

3 detailing the direct and indirect costs to the Department 

4 of Defense in support of travel by senior Federal officials 

5 on military aircraft. Each such report shall include wheth6 er spousal travel furnished by the Department was reim7 bursed to the Federal Government. 

8 (b) EXCEPTION.—Required use travel, as outlined in 

9 Department of Defense Directive 4500.56, shall not be in10 cluded in reports under subsection (a). 

11 (c) SENIOR FEDERAL OFFICIAL DEFINED.—In this 

12 section, the term ‘‘senior Federal official’’ has the mean13 ing given that term in section 8036(d). 

14 Subtitle E—Conflicts From 

15 Political Fundraising 

16 SEC. 8041. SHORT TITLE. 

17 This subtitle may be cited as the ‘‘Conflicts from Po18 litical Fundraising Act of 2021’’. 

19 SEC. 8042. DISCLOSURE OF CERTAIN TYPES OF CONTRIBU20 TIONS. 

21 (a) DEFINITIONS.—Section 109 of the Ethics in Gov22 ernment Act of 1978 (5 U.S.C. App.) is amended— 

23 (1) by redesignating paragraphs (2) through 

24 (19) as paragraphs (5) through (22), respectively; 

25 and 


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1 (2) by inserting after paragraph (1) the fol2 lowing: 

3 ‘‘(2) ‘covered contribution’ means a payment, 

4 advance, forbearance, rendering, or deposit of 

5 money, or any thing of value— 

6 ‘‘(A)(i) that— 

7 ‘‘(I) is— 

8 ‘‘(aa) made by or on behalf of a 

9 covered individual; or 

10 ‘‘(bb) solicited in writing by or at 

11 the request of a covered individual; 

12 and 

13 ‘‘(II) is made— 

14 ‘‘(aa) to a political organization, 

15 as defined in section 527 of the Inter16 nal Revenue Code of 1986; or 

17 ‘‘(bb) to an organization— 

18 ‘‘(AA) that is described in 

19 paragraph (4) or (6) of section 

20 501(c) of the Internal Revenue 

21 Code of 1986 and exempt from 

22 tax under section 501(a) of such 

23 Code; and 

24 ‘‘(BB) that promotes or op25 poses changes in Federal laws or 


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1 regulations that are (or would 

2 be) administered by the agency in 

3 which the covered individual has 

4 been nominated for appointment 

5 to a covered position or is serving 

6 in a covered position; or 

7 ‘‘(ii) that is— 

8 ‘‘(I) solicited in writing by or on be9 half of a covered individual; and 

10 ‘‘(II) made— 

11 ‘‘(aa) by an individual or entity 

12 the activities of which are subject to 

13 Federal laws or regulations that are 

14 (or would be) administered by the 

15 agency in which the covered individual 

16 has been nominated for appointment 

17 to a covered position or is serving in 

18 a covered position; and 

19 ‘‘(bb) to— 

20 ‘‘(AA) a political organiza21 tion, as defined in section 527 of 

22 the Internal Revenue Code of 

23 1986; or 

24 ‘‘(BB) an organization that 

25 is described in paragraph (4) or 


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1 (6) of section 501(c) of the Inter2 nal Revenue Code of 1986 and 

3 exempt from tax under section 

4 501(a) of such Code; and 

5 ‘‘(B) that is made to an organization de6 scribed in item (aa) or (bb) of clause (i)(II) or 

7 clause (ii)(II)(bb) of subparagraph (A) for 

8 which the total amount of such payments, ad9 vances, forbearances, renderings, or deposits of 

10 money, or any thing of value, during the cal11 endar year in which it is made is not less than 

12 the contribution limitation in effect under sec13 tion 315(a)(1)(A) of the Federal Election Cam14 paign Act of 1971 (52 U.S.C. 30116(a)(1)(A)) 

15 for elections occurring during such calendar 

16 year; 

17 ‘‘(3) ‘covered individual’ means an individual 

18 who has been nominated or appointed to a covered 

19 position; and 

20 ‘‘(4) ‘covered position’— 

21 ‘‘(A) means— 

22 ‘‘(i) a position described under sec23 tions 5312 through 5316 of title 5, United 

24 States Code; 


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1 ‘‘(ii) a position placed in level IV or V 

2 of the Executive Schedule under section 

3 5317 of title 5, United States Code; 

4 ‘‘(iii) a position as a limited term ap5 pointee, limited emergency appointee, or 

6 noncareer appointee in the Senior Execu7 tive Service, as defined under paragraphs 

8 (5), (6), and (7), respectively, of section 

9 3132(a) of title 5, United States Code; and 

10 ‘‘(iv) a position in the executive 

11 branch of the Government of a confidential 

12 or policy-determining character under 

13 schedule C of subpart C of part 213 of 

14 title 5 of the Code of Federal Regulations; 

15 and 

16 ‘‘(B) does not include a position if the in17 dividual serving in the position has been ex18 cluded from the application of section 

19 101(f)(5);’’. 

20 (b) DISCLOSURE REQUIREMENTS.—The Ethics in 

21 Government Act of 1978 (5 U.S.C. App.) is amended— 

22 (1) in section 101— 

23 (A) in subsection (a)— 

24 (i) by inserting ‘‘(1)’’ before ‘‘With25 in’’; 


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1 (ii) by striking ‘‘unless’’ and inserting 

2 ‘‘and, if the individual is assuming a cov3 ered position, the information described in 

4 section 102(j), except that, subject to para5 graph (2), the individual shall not be re6 quired to file a report if’’; and 

7 (iii) by adding at the end the fol8 lowing: 

9 ‘‘(2) If an individual has left a position described in 

10 subsection (f) that is not a covered position and, within 

11 30 days, assumes a position that is a covered position, the 

12 individual shall, within 30 days of assuming the covered 

13 position, file a report containing the information described 

14 in section 102(j)(2)(A).’’; 

15 (B) in subsection (b)(1), in the first sen16 tence, by inserting ‘‘and the information re17 quired by section 102(j)’’ after ‘‘described in 

18 section 102(b)’’; 

19 (C) in subsection (d), by inserting ‘‘and, if 

20 the individual is serving in a covered position, 

21 the information required by section 

22 102(j)(2)(A)’’ after ‘‘described in section 

23 102(a)’’; and 

24 (D) in subsection (e), by inserting ‘‘and, if 

25 the individual was serving in a covered position, 


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1 the information required by section 

2 102(j)(2)(A)’’ after ‘‘described in section 

3 102(a)’’; and 

4 (2) in section 102— 

5 (A) in subsection (g), by striking ‘‘Political 

6 campaign funds’’ and inserting ‘‘Except as pro7 vided in subsection (j), political campaign 

8 funds’’; and 

9 (B) by adding at the end the following: 

10 ‘‘(j)(1) In this subsection— 

11 ‘‘(A) the term ‘applicable period’ means— 

12 ‘‘(i) with respect to a report filed pursuant 

13 to subsection (a) or (b) of section 101, the year 

14 of filing and the 4 calendar years preceding the 

15 year of the filing; and 

16 ‘‘(ii) with respect to a report filed pursuant 

17 to subsection (d) or (e) of section 101, the pre18 ceding calendar year; and 

19 ‘‘(B) the term ‘covered gift’ means a gift that— 

20 ‘‘(i) is made to a covered individual, the 

21 spouse of a covered individual, or the dependent 

22 child of a covered individual; 

23 ‘‘(ii) is made by an entity described in item 

24 (aa) or (bb) of section 109(2)(A)(i)(II); and 


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1 ‘‘(iii) would have been required to be re2 ported under subsection (a)(2) if the covered in3 dividual had been required to file a report 

4 under section 101(d) with respect to the cal5 endar year during which the gift was made. 

6 ‘‘(2)(A) A report filed pursuant to subsection (a), (b), 

7 (d), or (e) of section 101 by a covered individual shall in8 clude, for each covered contribution during the applicable 

9 period— 

10 ‘‘(i) the date on which the covered contribution 

11 was made; 

12 ‘‘(ii) if applicable, the date or dates on which 

13 the covered contribution was solicited; 

14 ‘‘(iii) the value of the covered contribution; 

15 ‘‘(iv) the name of the person making the cov16 ered contribution; and 

17 ‘‘(v) the name of the person receiving the cov18 ered contribution. 

19 ‘‘(B)(i) Subject to clause (ii), a covered contribution 

20 made by or on behalf of, or that was solicited in writing 

21 by or on behalf of, a covered individual shall constitute 

22 a conflict of interest, or an appearance thereof, with re23 spect to the official duties of the covered individual. 

24 ‘‘(ii) The Director of the Office of Government Ethics 

25 may exempt a covered contribution from the application 


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1 of clause (i) if the Director determines the circumstances 

2 of the solicitation and making of the covered contribution 

3 do not present a risk of a conflict of interest and the ex4 emption of the covered contribution would not affect ad5 versely the integrity of the Government or the public’s con6 fidence in the integrity of the Government. 

7 ‘‘(3) A report filed pursuant to subsection (a) or (b) 

8 of section 101 by a covered individual shall include the 

9 information described in subsection (a)(2) with respect to 

10 each covered gift received during the applicable period.’’. 

11 (c) PROVISION OF REPORTS AND ETHICS AGREE12 MENTS TO CONGRESS.—Section 105 of the Ethics in Gov13 ernment Act of 1978 (5 U.S.C. App.) is amended by add14 ing at the end the following: 

15 ‘‘(e) Not later than 30 days after receiving a written 

16 request from the Chairman or Ranking Member of a com17 mittee or subcommittee of either House of Congress, the 

18 Director of the Office of Government Ethics shall provide 

19 to the Chairman and Ranking Member each report filed 

20 under this title by the covered individual and any ethics 

21 agreement entered into between the agency and the cov22 ered individual.’’. 

23 (d) RULES ON ETHICS AGREEMENTS.—The Director 

24 of the Office of Government Ethics shall promptly issue 

25 rules regarding how an agency in the executive branch 


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1 shall address information required to be disclosed under 

2 the amendments made by this subtitle in drafting ethics 

3 agreements between the agency and individuals appointed 

4 to positions in the agency. 

5 (e) TECHNICAL AND CONFORMING AMENDMENTS.— 

6 (1) The Ethics in Government Act of 1978 (5 

7 U.S.C. App.) is amended— 

8 (A) in section 101(f)— 

9 (i) in paragraph (9), by striking ‘‘sec10 tion 109(12)’’ and inserting ‘‘section 

11 109(15)’’; 

12 (ii) in paragraph (10), by striking 

13 ‘‘section 109(13)’’ and inserting ‘‘section 

14 109(16)’’; 

15 (iii) in paragraph (11), by striking 

16 ‘‘section 109(10)’’ and inserting ‘‘section 

17 109(13)’’; and 

18 (iv) in paragraph (12), by striking 

19 ‘‘section 109(8)’’ and inserting ‘‘section 

20 109(11)’’; 

21 (B) in section 103(l)— 

22 (i) in paragraph (9), by striking ‘‘sec23 tion 109(12)’’ and inserting ‘‘section 

24 109(15)’’; and 


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1 (ii) in paragraph (10), by striking 

2 ‘‘section 109(13)’’ and inserting ‘‘section 

3 109(16)’’; and 

4 (C) in section 105(b)(3)(A), by striking 

5 ‘‘section 109(8) or 109(10)’’ and inserting ‘‘sec6 tion 109(11) or 109(13)’’. 

7 (2) Section 3(4)(D) of the Lobbying Disclosure 

8 Act of 1995 (2 U.S.C. 1602(4)(D)) is amended by 

9 striking ‘‘section 109(13)’’ and inserting ‘‘section 

10 109(16)’’. 

11 (3) Section 21A of the Securities Exchange Act 

12 of 1934 (15 U.S.C. 78u–1) is amended— 

13 (A) in subsection (g)(2)(B)(ii), by striking 

14 ‘‘section 109(11) of the Ethics in Government 

15 Act of 1978 (5 U.S.C. App. 109(11)))’’ and in16 serting ‘‘section 109 of the Ethics in Govern17 ment Act of 1978 (5 U.S.C. App.))’’; and 

18 (B) in subsection (h)(2)— 

19 (i) in subparagraph (B), by striking 

20 ‘‘section 109(8) of the Ethics in Govern21 ment Act of 1978 (5 U.S.C. App. 109(8))’’ 

22 and inserting ‘‘section 109 of the Ethics in 

23 Government Act of 1978 (5 U.S.C. App.)’’; 

24 and 


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1 (ii) in subparagraph (C), by striking 

2 ‘‘section 109(10) of the Ethics in Govern3 ment Act of 1978 (5 U.S.C. App. 

4 109(10))’’ and inserting ‘‘section 109 of 

5 the Ethics in Government Act of 1978 (5 

6 U.S.C. App.)’’. 

7 (4) Section 499(j)(2) of the Public Health Serv8 ice Act (42 U.S.C. 290b(j)(2)) is amended by strik9 ing ‘‘section 109(16) of the Ethics in Government 

10 Act of 1978’’ and inserting ‘‘section 109 of the Eth11 ics in Government Act of 1978 (5 U.S.C. App.)’’. 

12 Subtitle F—Transition Team Ethics 

13 SEC. 8051. SHORT TITLE. 

14 This subtitle may be cited as the ‘‘Transition Team 

15 Ethics Improvement Act’’. 

16 SEC. 8052. PRESIDENTIAL TRANSITION ETHICS PROGRAMS. 

17 Section 6(b)(1) of the Presidential Transition Act of 

18 1963 (3 U.S.C. 102 note) is amended— 

19 (1) in subparagraph (A), by striking ‘‘and’’ at 

20 the end; 

21 (2) in subparagraph (B), by striking the period 

22 at the end and inserting a semicolon; and 

23 (3) by adding at the end the following: 

24 ‘‘(C) a description of the role of each transition 

25 team member, including a list of any policy issues 


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1 that the member expects to work on, and a list of 

2 agencies the member expects to interact with, while 

3 serving on the transition team; 

4 ‘‘(D) a list of any issues from which each tran5 sition team member will be recused while serving as 

6 a member of the transition team pursuant to the 

7 transition team ethics plan outlined in section 

8 4(g)(3); and 

9 ‘‘(E) an affirmation that no transition team 

10 member has a financial conflict of interest that pre11 cludes the member from working on the matters de12 scribed in subparagraph (E).’’. 

13 Subtitle G—Ethics Pledge For Sen14 ior Executive Branch Employees 

15 SEC. 8061. SHORT TITLE. 

16 This subtitle may be cited as the ‘‘Ethics in Public 

17 Service Act’’. 

18 SEC. 8062. ETHICS PLEDGE REQUIREMENT FOR SENIOR EX19 ECUTIVE BRANCH EMPLOYEES. 

20 The Ethics in Government Act of 1978 (5 U.S.C. 

21 App. 101 et seq.) is amended by inserting after title I the 

22 following new title: 


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1 ‘‘TITLE II—ETHICS PLEDGE 

2 ‘‘SEC. 201. DEFINITIONS. 

3 ‘‘For the purposes of this title, the following defini4 tions apply: 

5 ‘‘(1) The term ‘executive agency’ has the mean6 ing given that term in section 105 of title 5, United 

7 States Code, and includes the Executive Office of 

8 the President, the United States Postal Service, and 

9 Postal Regulatory Commission, but does not include 

10 the Government Accountability Office. 

11 ‘‘(2) The term ‘appointee’ means any noncareer 

12 Presidential or Vice-Presidential appointee, non13 career appointee in the Senior Executive Service (or 

14 other SES-type system), or appointee to a position 

15 that has been excepted from the competitive service 

16 by reason of being of a confidential or policymaking 

17 character (Schedule C and other positions excepted 

18 under comparable criteria) in an executive agency, 

19 but does not include any individual appointed as a 

20 member of the Senior Foreign Service or solely as 

21 a uniformed service commissioned officer. 

22 ‘‘(3) The term ‘gift’— 

23 ‘‘(A) has the meaning given that term in 

24 section 2635.203(b) of title 5, Code of Federal 

25 Regulations (or any successor regulation); and 


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1 ‘‘(B) does not include those items excluded 

2 by sections 2635.204(b), (c), (e)(1), (e)(3), (j), 

3 (k), and (l) of such title 5. 

4 ‘‘(4) The term ‘covered executive branch offi5 cial’ and ‘lobbyist’ have the meanings given those 

6 terms in section 3 of the Lobbying Disclosure Act of 

7 1995 (2 U.S.C. 1602). 

8 ‘‘(5) The term ‘registered lobbyist or lobbying 

9 organization’ means a lobbyist or an organization fil10 ing a registration pursuant to section 4(a) of the 

11 Lobbying Disclosure Act of 1995 (2 U.S.C. 

12 1603(a)), and in the case of an organization filing 

13 such a registration, ‘registered lobbyist’ includes 

14 each of the lobbyists identified therein. 

15 ‘‘(6) The term ‘lobby’ and ‘lobbied’ mean to act 

16 or have acted as a registered lobbyist. 

17 ‘‘(7) The term ‘former employer’— 

18 ‘‘(A) means a person or entity for whom 

19 an appointee served as an employee, officer, di20 rector, trustee, partner, agent, attorney, con21 sultant, or contractor during the 2-year period 

22 ending on the date before the date on which the 

23 covered employee begins service in the Federal 

24 Government; and 

25 ‘‘(B) does not include— 


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1 ‘‘(i) an agency or instrumentality of 

2 the Federal Government; 

3 ‘‘(ii) a State or local government; 

4 ‘‘(iii) the District of Columbia; 

5 ‘‘(iv) an Indian tribe, as defined in 

6 section 4 of the Indian Self-Determination 

7 and Education Assistance Act (25 U.S.C. 

8 5304); or 

9 ‘‘(v) the government of a territory or 

10 possession of the United States. 

11 ‘‘(8) The term ‘former client’ means a person 

12 or entity for whom an appointee served personally as 

13 agent, attorney, or consultant during the 2-year pe14 riod ending on the date before the date on which the 

15 covered employee begins service in the Federal Gov16 ernment, but does not include an agency or instru17 mentality of the Federal Government; 

18 ‘‘(9) The term ‘directly and substantially re19 lated to my former employer or former clients’ 

20 means matters in which the appointee’s former em21 ployer or a former client is a party or represents a 

22 party. 

23 ‘‘(10) The term ‘participate’ means to partici24 pate personally and substantially. 


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1 ‘‘(11) The term ‘post-employment restrictions’ 

2 includes the provisions and exceptions in section 

3 207(c) of title 18, United States Code, and the im4 plementing regulations. 

5 ‘‘(12) The term ‘Government official’ means 

6 any employee of the executive branch. 

7 ‘‘(13) The term ‘Administration’ means all 

8 terms of office of the incumbent President serving at 

9 the time of the appointment of an appointee covered 

10 by this title. 

11 ‘‘(14) The term ‘pledge’ means the ethics 

12 pledge set forth in section 202 of this title. 

13 ‘‘(15) All references to provisions of law and 

14 regulations shall refer to such provisions as in effect 

15 on the date of enactment of this title. 

16 ‘‘SEC. 202. ETHICS PLEDGE. 

17 ‘‘Each appointee in every executive agency appointed 

18 on or after the date of enactment of this section shall be 

19 required to sign an ethics pledge upon appointment. The 

20 pledge shall be signed and dated within 30 days of taking 

21 office and shall include, at a minimum, the following ele22 ments: 

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1 lowing obligations, which I understand are binding on me 

2 and are enforceable under law: 

3 ‘‘ ‘(1) Lobbyist Gift Ban.—I will not accept 

4 gifts from registered lobbyists or lobbying organiza5 tions for the duration of my service as an appointee. 

6 ‘‘ ‘(2) Revolving Door Ban; Entering Govern7 ment.— 

8 ‘‘ ‘(A) All Appointees Entering Govern9 ment.—I will not, for a period of 2 years from 

10 the date of my appointment, participate in any 

11 particular matter involving specific party or 

12 parties that is directly and substantially related 

13 to my former employer or former clients, in14 cluding regulations and contracts. 

15 ‘‘ ‘(B) Lobbyists Entering Government.—If 

16 I was a registered lobbyist within the 2 years 

17 before the date of my appointment, in addition 

18 to abiding by the limitations of subparagraph 

19 (A), I will not for a period of 2 years after the 

20 date of my appointment: 

21 ‘‘ ‘(i) participate in any particular 

22 matter on which I lobbied within the 2 

23 years before the date of my appointment; 


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1 ‘‘ ‘(ii) participate in the specific issue 

2 area in which that particular matter falls; 

3 or 

4 ‘‘ ‘(iii) seek or accept employment with 

5 any executive agency that I lobbied within 

6 the 2 years before the date of my appoint7 ment. 

8 ‘‘ ‘(3) Revolving Door Ban; Appointees Leaving 

9 Government.— 

10 ‘‘ ‘(A) All Appointees Leaving Govern11 ment.—If, upon my departure from the Govern12 ment, I am covered by the post-employment re13 strictions on communicating with employees of 

14 my former executive agency set forth in section 

15 207(c) of title 18, United States Code, I agree 

16 that I will abide by those restrictions for a pe17 riod of 2 years following the end of my appoint18 ment. 

19 ‘‘ ‘(B) Appointees Leaving Government to 

20 Lobby.—In addition to abiding by the limita21 tions of subparagraph (A), I also agree, upon 

22 leaving Government service, not to lobby any 

23 covered executive branch official or noncareer 

24 Senior Executive Service appointee for the re25 mainder of the Administration. 


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1 ‘‘ ‘(4) Employment Qualification Commit2 ment.—I agree that any hiring or other employment 

3 decisions I make will be based on the candidate’s 

4 qualifications, competence, and experience. 

5 ‘‘ ‘(5) Assent to Enforcement.—I acknowledge 

6 that title II of the Ethics in Government Act of 

7 1978, which I have read before signing this docu8 ment, defines certain of the terms applicable to the 

9 foregoing obligations and sets forth the methods for 

10 enforcing them. I expressly accept the provisions of 

11 that title as a part of this agreement and as binding 

12 on me. I understand that the terms of this pledge 

13 are in addition to any statutory or other legal re14 strictions applicable to me by virtue of Federal Gov15 ernment service.’ ’’. 

16 ‘‘SEC. 203. WAIVER. 

17 ‘‘(a) The President or the President’s designee may 

18 grant to any current or former appointee a written waiver 

19 of any restrictions contained in the pledge signed by such 

20 appointee if, and to the extent that, the President or the 

21 President’s designee certifies (in writing) that, in light of 

22 all the relevant circumstances, the interest of the Federal 

23 Government in the employee’s participation outweighs the 

24 concern that a reasonable person may question the integ25 rity of the agency’s programs or operations. 


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1 ‘‘(b) Any waiver under this section shall take effect 

2 when the certification is signed by the President or the 

3 President’s designee. 

4 ‘‘(c) For purposes of subsection (a)(2), the public in5 terest shall include exigent circumstances relating to na6 tional security or to the economy. De minimis contact with 

7 an executive agency shall be cause for a waiver of the re8 strictions contained in paragraph (2)(B) of the pledge. 

9 ‘‘(d) For any waiver granted under this section, the 

10 individual who granted the waiver shall— 

11 ‘‘(1) provide a copy of the waiver to the Direc12 tor not more than 48 hours after the waiver is 

13 granted; and 

14 ‘‘(2) publish the waiver on the website of the 

15 applicable agency not later than 30 calendar days 

16 after granting such waiver. 

17 ‘‘(e) Upon receiving a written waiver under sub18 section (d), the Director shall— 

19 ‘‘(1) review the waiver to determine whether the 

20 Director has any objection to the issuance of the 

21 waiver; and 

22 ‘‘(2) if the Director so objects— 

23 ‘‘(A) provide reasons for the objection in 

24 writing to the head of the agency who granted 


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1 the waiver not more than 15 calendar days 

2 after the waiver was granted; and 

3 ‘‘(B) publish the written objection on the 

4 website of the Office of Government Ethics not 

5 more than 30 calendar days after the waiver 

6 was granted. 

7 ‘‘SEC. 204. ADMINISTRATION. 

8 ‘‘(a) The head of each executive agency shall, in con9 sultation with the Director of the Office of Government 

10 Ethics, establish such rules or procedures (conforming as 

11 nearly as practicable to the agency’s general ethics rules 

12 and procedures, including those relating to designated 

13 agency ethics officers) as are necessary or appropriate to 

14 ensure— 

15 ‘‘(1) that every appointee in the agency signs 

16 the pledge upon assuming the appointed office or 

17 otherwise becoming an appointee; 

18 ‘‘(2) that compliance with paragraph (2)(B) of 

19 the pledge is addressed in a written ethics agree20 ment with each appointee to whom it applies; 

21 ‘‘(3) that spousal employment issues and other 

22 conflicts not expressly addressed by the pledge are 

23 addressed in ethics agreements with appointees or, 

24 where no such agreements are required, through eth25 ics counseling; and 


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1 ‘‘(4) compliance with this title within the agen2 cy. 

3 ‘‘(b) With respect to the Executive Office of the 

4 President, the duties set forth in subsection (a) shall be 

5 the responsibility of the Counsel to the President. 

6 ‘‘(c) The Director of the Office of Government Ethics 

7 shall— 

8 ‘‘(1) ensure that the pledge and a copy of this 

9 title are made available for use by agencies in ful10 filling their duties under subsection (a); 

11 ‘‘(2) in consultation with the Attorney General 

12 or the Counsel to the President, when appropriate, 

13 assist designated agency ethics officers in providing 

14 advice to current or former appointees regarding the 

15 application of the pledge; 

16 ‘‘(3) adopt such rules or procedures as are nec17 essary or appropriate— 

18 ‘‘(A) to carry out the responsibilities as19 signed by this subsection; 

20 ‘‘(B) to apply the lobbyist gift ban set 

21 forth in paragraph 1 of the pledge to all execu22 tive branch employees; 

23 ‘‘(C) to authorize limited exceptions to the 

24 lobbyist gift ban for circumstances that do not 

25 implicate the purposes of the ban; 


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1 ‘‘(D) to make clear that no person shall 

2 have violated the lobbyist gift ban if the person 

3 properly disposes of a gift; 

4 ‘‘(E) to ensure that existing rules and pro5 cedures for Government employees engaged in 

6 negotiations for future employment with private 

7 businesses that are affected by their official ac8 tions do not affect the integrity of the Govern9 ment’s programs and operations; and 

10 ‘‘(F) to ensure, in consultation with the 

11 Director of the Office of Personnel Manage12 ment, that the requirement set forth in para13 graph (4) of the pledge is honored by every em14 ployee of the executive branch; 

15 ‘‘(4) in consultation with the Director of the 

16 Office of Management and Budget, report to the 

17 President, the Committee on Oversight and Reform 

18 of the House of Representatives, and the Committee 

19 on Homeland Security and Governmental Affairs of 

20 the Senate on whether full compliance is being 

21 achieved with existing laws and regulations gov22 erning executive branch procurement lobbying disclo23 sure and on steps the executive branch can take to 

24 expand to the fullest extent practicable disclosure of 

25 such executive branch procurement lobbying and of 


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1 lobbying for presidential pardons, and to include in 

2 the report both immediate action the executive 

3 branch can take and, if necessary, recommendations 

4 for legislation; and 

5 ‘‘(5) provide an annual public report on the ad6 ministration of the pledge and this title. 

7 ‘‘(d) All pledges signed by appointees, and all waiver 

8 certifications with respect thereto, shall be filed with the 

9 head of the appointee’s agency for permanent retention 

10 in the appointee’s official personnel folder or equivalent 

11 folder.’’. 

12 Subtitle H—Travel on Private Air13 craft by Senior Political Ap14 pointees 

15 SEC. 8071. SHORT TITLE. 

16 This subtitle may be cited as the ‘‘Stop Waste And 

17 Misuse by Presidential Flyers Landing Yet Evading Rules 

18 and Standards’’ or the ‘‘SWAMP FLYERS’’. 

19 SEC. 8072. PROHIBITION ON USE OF FUNDS FOR TRAVEL 

20 ON PRIVATE AIRCRAFT. 

21 (a) IN GENERAL.—Beginning on the date of enact22 ment of this subtitle, no Federal funds appropriated or 

23 otherwise made available in any fiscal year may be used 

24 to pay the travel expenses of any senior political appointee 


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1 for travel on official business on a non-commercial, pri2 vate, or chartered flight. 

3 (b) EXCEPTIONS.—The limitation in subsection (a) 

4 shall not apply— 

5 (1) if no commercial flight was available for the 

6 travel in question, consistent with subsection (c); or 

7 (2) to any travel on aircraft owned or leased by 

8 the Government. 

9 (c) CERTIFICATION.— 

10 (1) IN GENERAL.—Any senior political ap11 pointee who travels on a non-commercial, private, or 

12 chartered flight under the exception provided in sub13 section (b)(1) shall, not later than 30 days after the 

14 date of such travel, submit a written statement to 

15 Congress certifying that no commercial flight was 

16 available. 

17 (2) PENALTY.—Any statement submitted under 

18 paragraph (1) shall be considered a statement for 

19 purposes of applying section 1001 of title 18, United 

20 States Code. 

21 (d) DEFINITION OF SENIOR POLITICAL AP22 POINTEE.—In this subtitle, the term ‘‘senior political ap23 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 18:47 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00782 Fmt 6652 Sfmt 6201 E:\BILLS\H1.IH 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. 

Æ 


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