II 

118TH CONGRESS 

1ST SESSION S. 1398 

To prohibit agencies of the government from soliciting or entering into agreements with nongovernmental organizations to conduct voter registration 

or voter mobilization activities on the property or website of the agency 

or from using Federal funds to carry out activities directed under Executive Order 14019, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 2, 2023 

Mr. BUDD (for himself, Mr. LEE, Mr. BRAUN, Mr. HAGERTY, Mrs. FISCHER, 

Mr. MARSHALL, and Mrs. BLACKBURN) introduced the following bill; 

which was read twice and referred to the Committee on Rules and Administration 

A BILL 

To prohibit agencies of the government from soliciting or 

entering into agreements with nongovernmental organizations to conduct voter registration or voter mobilization 

activities on the property or website of the agency or 

from using Federal funds to carry out activities directed 

under Executive Order 14019, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Promoting Free and 

5 Fair Elections Act’’. 


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•S 1398 IS

1 SEC. 2. PROHIBITING PROMOTION OF VOTER REGISTRA2 TION BY AGENCIES. 

3 (a) AGREEMENTS WITH NONGOVERNMENTAL ORGA4 NIZATIONS.—None of the funds made available for the sal5 aries and expenses of an agency may be used to solicit 

6 or enter into an agreement with a nongovernmental orga7 nization to conduct voter registration or voter mobilization 

8 activities, including registering voters or providing any 

9 person with voter registration materials, absentee or vote10 by-mail ballot applications, voting instructions, or can11 didate-related information, on the property or website of 

12 the agency. 

13 (b) ACTIVITIES UNDER EXECUTIVE ORDER 14019.— 

14 (1) DELAY IN IMPLEMENTATION.— 

15 (A) DELAY.—Except as provided in sub16 paragraph (B), none of the funds made avail17 able for the salaries and expenses of an agency 

18 may be used to implement activities directed 

19 under Executive Order 14019 (86 Fed. Reg. 

20 13623) until— 

21 (i) in the case of an agency that is re22 quired to submit a report to the appro23 priate congressional committees under 

24 paragraph (2)(A), 180 days after the agen25 cy submits the report; or 


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•S 1398 IS

1 (ii) in the case of an agency that is 

2 required to submit a report to the appro3 priate congressional committees under 

4 paragraph (2)(B), the date on which the 

5 agency submits the report. 

6 (B) EXCEPTION.—Subparagraph (A) shall 

7 not apply to any activity described in section 

8 7(c) of the National Voter Registration Act of 

9 1993 (52 U.S.C. 20506(c)). 

10 (2) REPORT.—Not later than 30 days after the 

11 date of enactment of this Act, the head of each 

12 agency shall submit to the appropriate congressional 

13 committees— 

14 (A) a copy of the strategic plan of the 

15 agency for promoting voter registration and 

16 voter participation under section 3(b) of Execu17 tive Order 14019 (86 Fed. Reg. 13623) that 

18 the agency developed or submitted to the As19 sistant to the President for Domestic Policy; or 

20 (B) if the agency did not develop or submit 

21 a plan described in subparagraph (A) to the As22 sistant to the President for Domestic Policy, a 

23 certification signed by the head of the agency 

24 that the agency did not develop or submit such 

25 a plan. 


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1 (c) EFFECTIVE DATE.—Except as provided in sub2 section (b)(2), this section shall apply with respect to fiscal 

3 year 2023 and each succeeding fiscal year. 

4 SEC. 3. ADDITIONAL REPORT ON VOTER REGISTRATION 

5 AND MOBILIZATION. 

6 Not later than 30 days after the date of enactment 

7 of this Act, the head of each agency shall submit to the 

8 appropriate congressional committees a report describing 

9 the activities carried out by the agency pursuant to sec10 tions 3 and 4 of Executive Order 14019 (86 Fed. Reg. 

11 13623). 

12 SEC. 4. PROHIBITING VOTER REGISTRATION AND MOBILI13 ZATION IN FEDERAL WORK-STUDY PRO14 GRAMS. 

15 Section 443(b)(1) of the Higher Education Act of 

16 1965 (20 U.S.C. 1087–53(b)(1)) is amended— 

17 (1) in subparagraph (C), by striking ‘‘and’’; 

18 (2) by redesignating subparagraph (D) as sub19 paragraph (E); and 

20 (3) by inserting after subparagraph (C) the fol21 lowing: 

22 ‘‘(D) does not involve registering or mobi23 lizing voters on or off the campus of the institu24 tion; and’’. 


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•S 1398 IS

1 SEC. 5. DEFINITIONS. 

2 In this Act: 

3 (1) AGENCY.—The term ‘‘agency’’ has the 

4 meaning given the term in section 3502(1) of title 

5 44, United States Code, except that for purposes of 

6 section 2(b) of this Act such term does not include 

7 an independent regulatory agency as defined in sec8 tion 3502(5) of title 44, United States Code. 

9 (2) APPROPRIATE CONGRESSIONAL COMMIT10 TEES.—The term ‘‘appropriate congressional com11 mittees’’ means— 

12 (A) the Committee on Rules and Adminis13 tration of the Senate; 

14 (B) the Committee on Judiciary of the 

15 Senate; 

16 (C) the Committee on House Administra17 tion of the House of Representatives; and 

18 (D) the Committee on Judiciary of the 

19 House of Representatives. 

Æ 


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