II 

Calendar No. 39 

116TH CONGRESS 

1ST SESSION H. R. 1 

IN THE SENATE OF THE UNITED STATES 

MARCH 12, 2019 

Received 

MARCH 13, 2019 

Read the first time 

MARCH 14, 2019 

Read the second time and placed on the calendar 

AN ACT 

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

influence of big money in politics, and strengthen ethics 

rules for public servants, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 of 2019’’. 


kjohnson on DSK79L0C42 with BILLS
2 

HR 1 PCS

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

2 CONTENTS. 

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

5 (1) Division A—Voting. 

6 (2) Division B—Campaign Finance. 

7 (3) Division C—Ethics. 

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

9 this Act is as follows: 

Sec. 1. Short title. 

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

DIVISION A—ELECTION ACCESS 

TITLE I—ELECTION ACCESS 

Sec. 1000. Short title; statement of policy. 

Subtitle A—Voter Registration Modernization 

Sec. 1000A. Short title. 

PART 1—PROMOTING INTERNET REGISTRATION

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

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

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

registered to vote. 

Sec. 1004. Clarification of requirement regarding necessary information to 

show eligibility to vote. 

Sec. 1005. Effective date. 

PART 2—AUTOMATIC VOTER REGISTRATION

Sec. 1011. Short title; findings and purpose. 

Sec. 1012. Automatic registration of eligible individuals. 

Sec. 1013. Contributing agency assistance in registration. 

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

voters in existing records. 

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

Sec. 1016. Registration portability and correction. 

Sec. 1017. Payments and grants. 

Sec. 1018. Treatment of exempt States. 

Sec. 1019. Miscellaneous provisions. 

Sec. 1020. Definitions. 

Sec. 1021. Effective date. 


kjohnson on DSK79L0C42 with BILLS
3 

HR 1 PCS

PART 3—SAME DAY VOTER REGISTRATION

Sec. 1031. Same day registration. 

PART 4—CONDITIONS ON REMOVAL ON BASIS OF INTERSTATE CROSSCHECKS

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

PART 5—OTHER INITIATIVES TO PROMOTE VOTER REGISTRATION

Sec. 1051. Annual reports on voter registration statistics. 

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

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

individuals to update voter registration. 

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

in election activities. 

PART 6—AVAILABILITY OF HAVA REQUIREMENTS PAYMENTS

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

of compliance with new requirements. 

PART 7—PROHIBITING INTERFERENCE WITH VOTER REGISTRATION

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

Sec. 1072. Establishment of best practices. 

PART 8—VOTER REGISTRATION EFFICIENCY ACT

Sec. 1081. Short title. 

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

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

PART 9—PROVIDING VOTER REGISTRATION INFORMATION TO SECONDARY

SCHOOL STUDENTS

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

Sec. 1092. Reports. 

Sec. 1093. Authorization of appropriations. 

PART 10—VOTER REGISTRATION OF MINORS

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

18 years of age. 

Subtitle B—Access to Voting for Individuals With Disabilities 

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

voting for individuals with disabilities. 

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

access for individuals with disabilities. 

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

to vote privately and independently at residences. 


kjohnson on DSK79L0C42 with BILLS
4 

HR 1 PCS

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

Subtitle C—Prohibiting Voter Caging 

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

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

caging. 

Subtitle D—Prohibiting Deceptive Practices and Preventing Voter 

Intimidation 

Sec. 1301. Short title. 

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

Sec. 1303. Corrective action. 

Sec. 1304. Reports to Congress. 

Subtitle E—Democracy Restoration 

Sec. 1401. Short title. 

Sec. 1402. Rights of citizens. 

Sec. 1403. Enforcement. 

Sec. 1404. Notification of restoration of voting rights. 

Sec. 1405. Definitions. 

Sec. 1406. Relation to other laws. 

Sec. 1407. Federal prison funds. 

Sec. 1408. Effective date. 

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

Sec. 1501. Short title. 

Sec. 1502. Paper ballot and manual counting requirements. 

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

Sec. 1504. Durability and readability requirements for ballots. 

Sec. 1505. Paper ballot printing requirements. 

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

Sec. 1507. Paper ballot printing requirements. 

Sec. 1508. Effective date for new requirements. 

Subtitle G—Provisional Ballots 

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

Subtitle H—Early Voting 

Sec. 1611. Early voting. 

Subtitle I—Voting by Mail 

Sec. 1621. Voting by Mail. 

Subtitle J—Absent Uniformed Services Voters and Overseas Voters 

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

Sec. 1702. Enforcement. 

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


kjohnson on DSK79L0C42 with BILLS
5 

HR 1 PCS

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

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

members of absent military personnel. 

Sec. 1706. Effective date. 

Subtitle K—Poll Worker Recruitment and Training 

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

Sec. 1802. State defined. 

Subtitle L—Enhancement of Enforcement 

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

Subtitle M—Federal Election Integrity 

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

Subtitle N—Promoting Voter Access Through Election Administration 

Improvements 

PART 1—PROMOTING VOTER ACCESS

Sec. 1901. Treatment of institutions of higher education. 

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

place changes. 

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

Sec. 1904. Postage-free ballots. 

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

to track and confirm receipt of absentee ballots. 

Sec. 1906. Voter information response systems and hotline. 

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

places within a State. 

PART 2—IMPROVEMENTS IN OPERATION OF ELECTION ASSISTANCE

COMMISSION

Sec. 1911. Reauthorization of Election Assistance Commission. 

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

Sec. 1914. Reports by National Institute of Standards and Technology on use 

of funds transferred from Election Assistance Commission. 

Sec. 1915. Recommendations to improve operations of Election Assistance 

Commission. 

Sec. 1916. Repeal of exemption of Election Assistance Commission from certain 

government contracting requirements. 

PART 3—MISCELLANEOUS PROVISIONS

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

Sec. 1922. No effect on other laws. 

Subtitle O—Severability 

Sec. 1931. Severability. 

TITLE II—ELECTION INTEGRITY 


kjohnson on DSK79L0C42 with BILLS
6 

HR 1 PCS

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 by independent commission; public notice and input. 

Sec. 2414. Establishment of related entities. 

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

commissions. 

PART 3—ROLE OF COURTS IN DEVELOPMENT OF REDISTRICTING PLANS

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

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

court. 

PART 4—ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

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

Sec. 2432. Civil enforcement. 

Sec. 2433. State apportionment notice defined. 

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

Sec. 2435. Effective date. 

Subtitle F—Saving Eligible Voters From Voter Purging 

Sec. 2501. Short title. 

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


kjohnson on DSK79L0C42 with BILLS
7 

HR 1 PCS

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

Opportunities for Voting 

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

voting. 

Subtitle H—Residence of Incarcerated Individuals 

Sec. 2701. Residence of Incarcerated Individuals. 

Subtitle I—Severability 

Sec. 2801. Severability. 

TITLE III—ELECTION SECURITY 

Sec. 3000. Short title; sense of Congress. 

Subtitle A—Financial Support for Election Infrastructure 

PART 1—VOTING SYSTEM SECURITY IMPROVEMENT GRANTS

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

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

under Help America Vote Act of 2002. 

Sec. 3003. Incorporation of definitions. 

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

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

elections. 

Sec. 3012. GAO analysis of effects of audits. 

PART 3—ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM

Sec. 3021. Election infrastructure innovation grant program. 

Subtitle B—Security Measures 

Sec. 3101. Election infrastructure designation. 

Sec. 3102. Timely threat information. 

Sec. 3103. Security clearance assistance for election officials. 

Sec. 3104. Security risk and vulnerability assessments. 

Sec. 3105. Annual reports. 

Sec. 3106. Pre-election threat assessments. 

Subtitle C—Enhancing Protections for United States Democratic Institutions 

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

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

Subtitle D—Promoting Cybersecurity Through Improvements in Election 

Administration 

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. 


kjohnson on DSK79L0C42 with BILLS
8 

HR 1 PCS

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

Sec. 3304. Streamlining collection of election information. 

Subtitle E—Preventing Election Hacking 

Sec. 3401. Short title. 

Sec. 3402. Election Security Bug Bounty Program. 

Sec. 3403. Definitions. 

Subtitle F—Election Security Grants Advisory Committee 

Sec. 3501. Establishment of advisory committee. 

Subtitle G—Miscellaneous Provisions 

Sec. 3601. Definitions. 

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

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

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

Subtitle I—Severability 

Sec. 3801. Severability. 

DIVISION B—CAMPAIGN FINANCE 

TITLE IV—CAMPAIGN FINANCE TRANSPARENCY 

Subtitle A—Findings Relating to Illicit Money Undermining Our Democracy 

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

Subtitle B—DISCLOSE Act 

Sec. 4100. Short title. 

PART 1—REGULATION OF CERTAIN POLITICAL SPENDING

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

election-related activities. 

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

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

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

connections with ballot initiatives and referenda. 

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

PART 2—REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS

Sec. 4111. Reporting of campaign-related disbursements. 

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

Sec. 4113. Effective date. 

PART 3—OTHER ADMINISTRATIVE REFORMS

Sec. 4121. Petition for certiorari. 

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


kjohnson on DSK79L0C42 with BILLS
9 

HR 1 PCS

Subtitle C—Honest Ads 

Sec. 4201. Short title. 

Sec. 4202. Purpose. 

Sec. 4203. Findings. 

Sec. 4204. Sense of Congress. 

Sec. 4205. Expansion of definition of public communication. 

Sec. 4206. Expansion of definition of electioneering communication. 

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

Sec. 4208. Political record requirements for online platforms. 

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

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

Subtitle D—Stand By Every Ad 

Sec. 4301. Short title. 

Sec. 4302. Stand By Every Ad. 

Sec. 4303. Disclaimer requirements for communications made through 

prerecorded telephone calls. 

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

Internet communications. 

Sec. 4305. Effective date. 

Subtitle E—Secret Money Transparency 

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

bring transparency to political activity of certain nonprofit organizations. 

Sec. 4402. Repeal of Revenue Procedure That Eliminated Requirement to Report Information Regarding Contributors to Certain Tax-Exempt Organizations. 

Subtitle F—Shareholder Right-to-Know 

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

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

Sec. 4502. Assessment of shareholder preferences for disbursements for political purposes. 

Subtitle G—Disclosure of Political Spending by Government Contractors 

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

spending by government contractors. 

Subtitle H—Limitation and Disclosure Requirements for Presidential 

Inaugural Committees 

Sec. 4701. Short title. 

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

Subtitle I—Severability 

Sec. 4801. Severability. 

TITLE V—CAMPAIGN FINANCE EMPOWERMENT 


kjohnson on DSK79L0C42 with BILLS
10 

HR 1 PCS

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. 

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. 


kjohnson on DSK79L0C42 with BILLS
11 

HR 1 PCS

Subtitle D—Personal Use Services as Authorized Campaign Expenditures 

Sec. 5301. Short title; findings; purpose. 

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

Subtitle E—Empowering Small Dollar Donations 

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

for candidates through use of separate small dollar accounts. 

Subtitle F—Severability 

Sec. 5501. Severability. 

TITLE VI—CAMPAIGN FINANCE OVERSIGHT 

Subtitle A—Restoring Integrity to America’s Elections 

Sec. 6001. Short title. 

Sec. 6002. Membership of Federal Election Commission. 

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

Sec. 6004. Revision to enforcement process. 

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

by persons opposing the requests. 

Sec. 6006. Permanent extension of administrative penalty authority. 

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

Sec. 6008. Restrictions on ex parte communications. 

Sec. 6009. Clarifying Authority of FEC Attorneys to Represent FEC in Supreme Court. 

Sec. 6010. Effective date; transition. 

Subtitle B—Stopping Super PAC-Candidate Coordination 

Sec. 6101. Short title. 

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

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

Subtitle C—Disposal of Contributions or Donations 

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

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

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 


kjohnson on DSK79L0C42 with BILLS
12 

HR 1 PCS

Subtitle A—Supreme Court Ethics 

Sec. 7001. Code of conduct for Federal judges. 

Subtitle B—Foreign Agents Registration 

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

Department of Justice. 

Sec. 7102. Authority to impose civil money penalties. 

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

Sec. 7104. Ensuring online access to registration statements. 

Subtitle C—Lobbying Disclosure Reform 

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

Sec. 7202. 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. 


kjohnson on DSK79L0C42 with BILLS
13 

HR 1 PCS

Subtitle C—White House Ethics Transparency 

Sec. 8021. Short title. 

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

Subtitle D—Executive Branch Ethics Enforcement 

Sec. 8031. Short title. 

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

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

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

Sec. 8035. Agency Ethics Officials Training and Duties. 

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

contravention of certain regulations. 

Sec. 8037. Reports on cost of presidential travel. 

Sec. 8038. Reports on Cost of Senior Executive 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 Congress to reimburse Treasury for amounts 

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

acts by Members. 

Subtitle B—Conflicts of Interests 

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

boards of for-profit entities. 

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

staff. 


kjohnson on DSK79L0C42 with BILLS
14 

HR 1 PCS

Sec. 9103. Exercise of rulemaking powers. 

Subtitle C—Campaign Finance and Lobbying Disclosure 

Sec. 9201. Short title. 

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

Commission of persons who are registered lobbyists. 

Sec. 9203. Effective date. 

Subtitle D—Access to Congressionally Mandated Reports 

Sec. 9301. Short title. 

Sec. 9302. Definitions. 

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

Sec. 9304. Federal agency responsibilities. 

Sec. 9305. Removing and altering reports. 

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

Sec. 9307. Implementation. 

Subtitle E—Reports on Outside Compensation Earned by Congressional 

Employees 

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

Subtitle F—Severability 

Sec. 9501. Severability. 

TITLE X—PRESIDENTIAL AND VICE PRESIDENTIAL TAX 

TRANSPARENCY 

Sec. 10001. Presidential and Vice Presidential tax transparency. 

1 DIVISION A—ELECTION ACCESS 

2 TITLE I—ELECTION ACCESS 

Sec. 1000. Short title; statement of policy. 

Subtitle A—Voter Registration Modernization 

Sec. 1000A. Short title. 

PART 1—PROMOTING INTERNET REGISTRATION

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

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

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

registered to vote. 

Sec. 1004. Clarification of requirement regarding necessary information to 

show eligibility to vote. 

Sec. 1005. Effective date. 

PART 2—AUTOMATIC VOTER REGISTRATION

Sec. 1011. Short title; findings and purpose. 

Sec. 1012. Automatic registration of eligible individuals. 


kjohnson on DSK79L0C42 with BILLS
15 

HR 1 PCS

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


kjohnson on DSK79L0C42 with BILLS
16 

HR 1 PCS

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. Rights of citizens. 

Sec. 1403. Enforcement. 

Sec. 1404. Notification of restoration of voting rights. 

Sec. 1405. Definitions. 

Sec. 1406. Relation to other laws. 

Sec. 1407. Federal prison funds. 

Sec. 1408. Effective date. 

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

Sec. 1501. Short title. 

Sec. 1502. Paper ballot and manual counting requirements. 

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

Sec. 1504. Durability and readability requirements for ballots. 

Sec. 1505. Paper ballot printing requirements. 

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

Sec. 1507. Paper ballot printing requirements. 

Sec. 1508. Effective date for new requirements. 

Subtitle G—Provisional Ballots 

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

Subtitle H—Early Voting 


kjohnson on DSK79L0C42 with BILLS
17 

HR 1 PCS

Sec. 1611. Early voting. 

Subtitle I—Voting by Mail 

Sec. 1621. Voting by Mail. 

Subtitle J—Absent Uniformed Services Voters and Overseas Voters 

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

Sec. 1702. Enforcement. 

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

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

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

members of absent military personnel. 

Sec. 1706. Effective date. 

Subtitle K—Poll Worker Recruitment and Training 

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

Sec. 1802. State defined. 

Subtitle L—Enhancement of Enforcement 

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

Subtitle M—Federal Election Integrity 

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

Subtitle N—Promoting Voter Access Through Election Administration 

Improvements 

PART 1—PROMOTING VOTER ACCESS

Sec. 1901. Treatment of institutions of higher education. 

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

place changes. 

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

Sec. 1904. Postage-free ballots. 

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

to track and confirm receipt of absentee ballots. 

Sec. 1906. Voter information response systems and hotline. 

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

places within a State. 

PART 2—IMPROVEMENTS IN OPERATION OF ELECTION ASSISTANCE

COMMISSION

Sec. 1911. Reauthorization of Election Assistance Commission. 

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

Sec. 1914. Reports by National Institute of Standards and Technology on use 

of funds transferred from Election Assistance Commission. 

Sec. 1915. Recommendations to improve operations of Election Assistance 

Commission. 

Sec. 1916. Repeal of exemption of Election Assistance Commission from certain 

government contracting requirements. 


kjohnson on DSK79L0C42 with BILLS
18 

HR 1 PCS

PART 3—MISCELLANEOUS PROVISIONS

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

Sec. 1922. No effect on other laws. 

Subtitle O—Severability 

Sec. 1931. Severability. 

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

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

3 ‘‘Voter Empowerment Act of 2019’’. 

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. 

14 Subtitle A—Voter Registration 

15 Modernization 

16 SEC. 1000A. SHORT TITLE. 

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

18 Modernization Act of 2019’’. 


kjohnson on DSK79L0C42 with BILLS
19 

HR 1 PCS

1 PART 1—PROMOTING INTERNET REGISTRATION 

2 SEC. 1001. REQUIRING AVAILABILITY OF INTERNET FOR 

3 VOTER REGISTRATION. 

4 (a) REQUIRING AVAILABILITY OF INTERNET FOR

5 REGISTRATION.—The National Voter Registration Act of 

6 1993 (52 U.S.C. 20501 et seq.) is amended by inserting 

7 after section 6 the following new section: 

8 ‘‘SEC. 6A. INTERNET REGISTRATION. 

9 ‘‘(a) REQUIRING AVAILABILITY OF INTERNET FOR

10 ONLINE REGISTRATION.— 

11 ‘‘(1) AVAILABILITY OF ONLINE REGISTRATION

12 AND CORRECTION OF EXISTING REGISTRATION IN13 FORMATION.—Each State, acting through the chief 

14 State election official, shall ensure that the following 

15 services are available to the public at any time on 

16 the official public websites of the appropriate State 

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

18 manner and subject to the same terms and condi19 tions as the services provided by voter registration 

20 agencies under section 7(a): 

21 ‘‘(A) Online application for voter registra22 tion. 

23 ‘‘(B) Online assistance to applicants in ap24 plying to register to vote. 

25 ‘‘(C) Online completion and submission by 

26 applicants of the mail voter registration applicaVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
20 

HR 1 PCS

1 tion form prescribed by the Election Assistance 

2 Commission pursuant to section 9(a)(2), includ3 ing assistance with providing a signature as re4 quired under subsection (c). 

5 ‘‘(D) Online receipt of completed voter reg6 istration applications. 

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

8 A State shall accept an online voter registration applica9 tion provided by an individual under this section, and en10 sure that the individual is registered to vote in the State, 

11 if— 

12 ‘‘(1) the individual meets the same voter reg13 istration requirements applicable to individuals who 

14 register to vote by mail in accordance with section 

15 6(a)(1) using the mail voter registration application 

16 form prescribed by the Election Assistance Commis17 sion pursuant to section 9(a)(2); and 

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

19 subsection (c) to provide a signature in electronic 

20 form (but only in the case of applications submitted 

21 during or after the second year in which this section 

22 is in effect in the State). 

23 ‘‘(c) SIGNATURE REQUIREMENTS.— 


kjohnson on DSK79L0C42 with BILLS
21 

HR 1 PCS

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— 


kjohnson on DSK79L0C42 with BILLS
22 

HR 1 PCS

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 


kjohnson on DSK79L0C42 with BILLS
23 

HR 1 PCS

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, in the case of an individual who has pro13 vided the official with an electronic mail address, by 

14 both electronic mail and regular mail. 

15 ‘‘(e) PROVISION OF SERVICES IN NONPARTISAN

16 MANNER.—The services made available under subsection 

17 (a) shall be provided in a manner that ensures that, con18 sistent with section 7(a)(5)— 

19 ‘‘(1) the online application does not seek to in20 fluence an applicant’s political preference or party 

21 registration; and 

22 ‘‘(2) there is no display on the website pro23 moting any political preference or party allegiance, 

24 except that nothing in this paragraph may be conVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
24 

HR 1 PCS

1 strued to prohibit an applicant from registering to 

2 vote as a member of a political party. 

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

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

5 establish appropriate technological security measures to 

6 prevent to the greatest extent practicable any unauthor7 ized access to information provided by individuals using 

8 the services made available under subsection (a). 

9 ‘‘(g) ACCESSIBILITY OF SERVICES.—A state shall en10 sure that the services made available under this section 

11 are made available to individuals with disabilities to the 

12 same extent as services are made available to all other in13 dividuals. 

14 ‘‘(h) USE OF ADDITIONAL TELEPHONE-BASED SYS15 TEM.—A State shall make the services made available on16 line under subsection (a) available through the use of an 

17 automated telephone-based system, subject to the same 

18 terms and conditions applicable under this section to the 

19 services made available online, in addition to making the 

20 services available online in accordance with the require21 ments of this section. 

22 ‘‘(i) NONDISCRIMINATION AMONG REGISTERED VOT23 ERS USING MAIL AND ONLINE REGISTRATION.—In car24 rying out this Act, the Help America Vote Act of 2002, 

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


kjohnson on DSK79L0C42 with BILLS
25 

HR 1 PCS

1 treatment of registered voters in the State or the adminis2 tration of elections for public office in the State, a State 

3 shall treat a registered voter who registered to vote online 

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

5 State treats a registered voter who registered to vote by 

6 mail.’’. 

7 (b) SPECIAL REQUIREMENTS FOR INDIVIDUALS

8 USING ONLINE REGISTRATION.— 

9 (1) TREATMENT AS INDIVIDUALS REGISTERING

10 TO VOTE BY MAIL FOR PURPOSES OF FIRST-TIME

11 VOTER IDENTIFICATION REQUIREMENTS.—Section 

12 303(b)(1)(A) of the Help America Vote Act of 2002 

13 (52 U.S.C. 21083(b)(1)(A)) is amended by striking 

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

15 section 6A of the National Voter Registration Act of 

16 1993’’. 

17 (2) REQUIRING SIGNATURE FOR FIRST-TIME

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

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

20 (A) by redesignating paragraph (5) as 

21 paragraph (6); and 

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

23 following new paragraph: 

24 ‘‘(5) SIGNATURE REQUIREMENTS FOR FIRST25 TIME VOTERS USING ONLINE REGISTRATION.— 


kjohnson on DSK79L0C42 with BILLS
26 

HR 1 PCS

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

2 uniform and nondiscriminatory manner, require 

3 an individual to meet the requirements of sub4 paragraph (B) if— 

5 ‘‘(i) the individual registered to vote 

6 in the State online under section 6A of the 

7 National Voter Registration Act of 1993; 

8 and 

9 ‘‘(ii) the individual has not previously 

10 voted in an election for Federal office in 

11 the State. 

12 ‘‘(B) REQUIREMENTS.—An individual 

13 meets the requirements of this subparagraph 

14 if— 

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

16 votes in person, the individual provides the 

17 appropriate State or local election official 

18 with a handwritten signature; or 

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

20 votes by mail, the individual submits with 

21 the ballot a handwritten signature. 

22 ‘‘(C) INAPPLICABILITY.—Subparagraph 

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

24 who is— 


kjohnson on DSK79L0C42 with BILLS
27 

HR 1 PCS

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

2 under the Uniformed and Overseas Citi3 zens Absentee Voting Act (52 U.S.C. 

4 20302 et seq.); 

5 ‘‘(ii) provided the right to vote other6 wise than in person under section 

7 3(b)(2)(B)(ii) of the Voting Accessibility 

8 for the Elderly and Handicapped Act (52 

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

10 ‘‘(iii) entitled to vote otherwise than 

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

12 (3) CONFORMING AMENDMENT RELATING TO

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

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

15 striking ‘‘Each State’’ and inserting ‘‘Except as pro16 vided in subsection (b)(5), each State’’. 

17 (c) CONFORMING AMENDMENTS.— 

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

19 of the National Voter Registration Act of 1993 (52 

20 U.S.C. 20507(a)(1)) is amended— 

21 (A) by striking ‘‘and’’ at the end of sub22 paragraph (C); 

23 (B) by redesignating subparagraph (D) as 

24 subparagraph (E); and 


kjohnson on DSK79L0C42 with BILLS
28 

HR 1 PCS

1 (C) by inserting after subparagraph (C) 

2 the following new subparagraph: 

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

4 through the official public website of an election 

5 official under section 6A, if the valid voter reg6 istration application is submitted online not 

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

8 provided by State law, before the date of the 

9 election (as determined by treating the date on 

10 which the application is sent electronically as 

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

12 (2) INFORMING APPLICANTS OF ELIGIBILITY

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

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

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

16 SEC. 1002. USE OF INTERNET TO UPDATE REGISTRATION 

17 INFORMATION. 

18 (a) IN GENERAL.— 

19 (1) UPDATES TO INFORMATION CONTAINED ON

20 COMPUTERIZED STATEWIDE VOTER REGISTRATION

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

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

23 at the end the following new paragraph: 

24 ‘‘(6) USE OF INTERNET BY REGISTERED VOT25 ERS TO UPDATE INFORMATION.— 


kjohnson on DSK79L0C42 with BILLS
29 

HR 1 PCS

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

2 or local election official shall ensure that any 

3 registered voter on the computerized list may at 

4 any time update the voter’s registration infor5 mation, including the voter’s address and elec6 tronic mail address, online through the official 

7 public website of the election official responsible 

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

9 voter attests to the contents of the update by 

10 providing a signature in electronic form in the 

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

12 the National Voter Registration Act of 1993. 

13 ‘‘(B) PROCESSING OF UPDATED INFORMA14 TION BY ELECTION OFFICIALS.—If a registered 

15 voter updates registration information under 

16 subparagraph (A), the appropriate State or 

17 local election official shall— 

18 ‘‘(i) revise any information on the 

19 computerized list to reflect the update 

20 made by the voter; and 

21 ‘‘(ii) if the updated registration infor22 mation affects the voter’s eligibility to vote 

23 in an election for Federal office, ensure 

24 that the information is processed with re25 spect to the election if the voter updates 


kjohnson on DSK79L0C42 with BILLS
30 

HR 1 PCS

1 the information not later than the lesser of 

2 7 days, or the period provided by State 

3 law, before the date of the election. 

4 ‘‘(C) CONFIRMATION AND DISPOSITION.— 

5 ‘‘(i) CONFIRMATION OF RECEIPT.— 

6 Upon the online submission of updated 

7 registration information by an individual 

8 under this paragraph, the appropriate 

9 State or local election official shall send 

10 the individual a notice confirming the 

11 State’s receipt of the updated information 

12 and providing instructions on how the indi13 vidual may check the status of the update. 

14 ‘‘(ii) NOTICE OF DISPOSITION.—Not 

15 later than 7 days after the appropriate 

16 State or local election official has accepted 

17 or rejected updated information submitted 

18 by an individual under this paragraph, the 

19 official shall send the individual a notice of 

20 the disposition of the update. 

21 ‘‘(iii) METHOD OF NOTIFICATION.— 

22 The appropriate State or local election offi23 cial shall send the notices required under 

24 this subparagraph by regular mail, and, in 

25 the case of an individual who has reVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
31 

HR 1 PCS

1 quested that the State provide voter reg2 istration and voting information through 

3 electronic mail, by both electronic mail and 

4 regular mail.’’. 

5 (2) CONFORMING AMENDMENT RELATING TO

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

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

8 striking ‘‘subparagraph (B)’’ and inserting ‘‘sub9 paragraph (B) and subsection (a)(6)’’. 

10 (b) ABILITY OF REGISTRANT TO USE ONLINE UP11 DATE TO PROVIDE INFORMATION ON RESIDENCE.—Sec12 tion 8(d)(2)(A) of the National Voter Registration Act of 

13 1993 (52 U.S.C. 20507(d)(2)(A)) is amended— 

14 (1) in the first sentence, by inserting after ‘‘re15 turn the card’’ the following: ‘‘or update the reg16 istrant’s information on the computerized Statewide 

17 voter registration list using the online method pro18 vided under section 303(a)(6) of the Help America 

19 Vote Act of 2002’’; and 

20 (2) in the second sentence, by striking ‘‘re21 turned,’’ and inserting the following: ‘‘returned or if 

22 the registrant does not update the registrant’s infor23 mation on the computerized Statewide voter reg24 istration list using such online method,’’. 


kjohnson on DSK79L0C42 with BILLS
32 

HR 1 PCS

1 SEC. 1003. PROVISION OF ELECTION INFORMATION BY 

2 ELECTRONIC MAIL TO INDIVIDUALS REG3 ISTERED TO VOTE. 

4 (a) INCLUDING OPTION ON VOTER REGISTRATION

5 APPLICATION TO PROVIDE E–MAIL ADDRESS AND RE6 CEIVE INFORMATION.— 

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

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

9 20508(b)) is amended— 

10 (A) by striking ‘‘and’’ at the end of para11 graph (3); 

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

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

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

15 paragraph: 

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

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

18 address, together with a statement that, if the appli19 cant so requests, instead of using regular mail the 

20 appropriate State and local election officials shall 

21 provide to the applicant, through electronic mail sent 

22 to that address, the same voting information (as de23 fined in section 302(b)(2) of the Help America Vote 

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

25 applicant through regular mail.’’. 


kjohnson on DSK79L0C42 with BILLS
33 

HR 1 PCS

1 (2) PROHIBITING USE FOR PURPOSES UNRE2 LATED TO OFFICIAL DUTIES OF ELECTION OFFI3 CIALS.—Section 9 of such Act (52 U.S.C. 20508) is 

4 amended by adding at the end the following new 

5 subsection: 

6 ‘‘(c) PROHIBITING USE OF ELECTRONIC MAIL AD7 DRESSES FOR OTHER THAN OFFICIAL PURPOSES.—The 

8 chief State election official shall ensure that any electronic 

9 mail address provided by an applicant under subsection 

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

11 duties of election officials and is not transmitted by any 

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

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

14 not require the address to carry out such official duties 

15 and who is not under the direct supervision and control 

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

17 (b) REQUIRING PROVISION OF INFORMATION BY

18 ELECTION OFFICIALS.—Section 302(b) of the Help Amer19 ica Vote Act of 2002 (52 U.S.C. 21082(b)) is amended 

20 by adding at the end the following new paragraph: 

21 ‘‘(3) PROVISION OF OTHER INFORMATION BY

22 ELECTRONIC MAIL.—If an individual who is a reg23 istered voter has provided the State or local election 

24 official with an electronic mail address for the pur25 pose of receiving voting information (as described in 


kjohnson on DSK79L0C42 with BILLS
34 

HR 1 PCS

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

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

3 official, through electronic mail transmitted not later 

4 than 7 days before the date of the election for Fed5 eral office involved, shall provide the individual with 

6 information on how to obtain the following informa7 tion by electronic means: 

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

9 place at which the individual is assigned to vote 

10 in the election. 

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

12 place. 

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

14 other information the individual may be re15 quired to present at the polling place.’’. 

16 SEC. 1004. CLARIFICATION OF REQUIREMENT REGARDING 

17 NECESSARY INFORMATION TO SHOW ELIGI18 BILITY TO VOTE. 

19 Section 8 of the National Voter Registration Act of 

20 1993 (52 U.S.C. 20507) is amended— 

21 (1) by redesignating subsection (j) as sub22 section (k); and 

23 (2) by inserting after subsection (i) the fol24 lowing new subsection: 


kjohnson on DSK79L0C42 with BILLS
35 

HR 1 PCS

1 ‘‘(j) REQUIREMENT FOR STATE TO REGISTER APPLI2 CANTS PROVIDING NECESSARY INFORMATION TO SHOW

3 ELIGIBILITY TO VOTE.—For purposes meeting the re4 quirement of subsection (a)(1) that an eligible applicant 

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

6 the deadlines required under such subsection, the State 

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

8 registration form’ if— 

9 ‘‘(1) the applicant has substantially completed 

10 the application form and attested to the statement 

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

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

13 to vote online in accordance with section 6A, the ap14 plicant provides a signature in accordance with sub15 section (c) of such section.’’. 

16 SEC. 1005. EFFECTIVE DATE. 

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

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

19 amendments made by section 1004) shall take effect Jan20 uary 1, 2020. 

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

22 Assistance Commission, if a State certifies to the Election 

23 Assistance Commission that the State will not meet the 

24 deadline referred to in subsection (a) because of extraor25 dinary circumstances and includes in the certification the 


kjohnson on DSK79L0C42 with BILLS
36 

HR 1 PCS

1 reasons for the failure to meet the deadline, subsection 

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

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

4 ‘‘January 1, 2022’’. 

5 PART 2—AUTOMATIC VOTER REGISTRATION 

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

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

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

9 (b) FINDINGS AND PURPOSE.— 

10 (1) FINDINGS.—Congress finds that— 

11 (A) the right to vote is a fundamental 

12 right of citizens of the United States; 

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

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

16 (C) existing voter registration systems can 

17 be inaccurate, costly, inaccessible and con18 fusing, with damaging effects on voter partici19 pation in elections and disproportionate impacts 

20 on young people, persons with disabilities, and 

21 racial and ethnic minorities; and 

22 (D) voter registration systems must be up23 dated with 21st Century technologies and pro24 cedures to maintain their security. 

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


kjohnson on DSK79L0C42 with BILLS
37 

HR 1 PCS

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; 

4 (B) to enable the State and Federal Gov5 ernments to register all eligible citizens to vote 

6 with accurate, cost-efficient, and up-to-date pro7 cedures; 

8 (C) to modernize voter registration and list 

9 maintenance procedures with electronic and 

10 Internet capabilities; and 

11 (D) to protect and enhance the integrity, 

12 accuracy, efficiency, and accessibility of the 

13 electoral process for all eligible citizens. 

14 SEC. 1012. AUTOMATIC REGISTRATION OF ELIGIBLE INDI15 VIDUALS. 

16 (a) REQUIRING STATES TO ESTABLISH AND OPER17 ATE AUTOMATIC REGISTRATION SYSTEM.— 

18 (1) IN GENERAL.—The chief State election offi19 cial of each State shall establish and operate a sys20 tem of automatic registration for the registration of 

21 eligible individuals to vote for elections for Federal 

22 office in the State, in accordance with the provisions 

23 of this part. 

24 (2) DEFINITION.—The term ‘‘automatic reg25 istration’’ means a system that registers an indiVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
38 

HR 1 PCS

1 vidual to vote in elections for Federal office in a 

2 State, if eligible, by electronically transferring the 

3 information necessary for registration from govern4 ment agencies to election officials of the State so 

5 that, unless the individual affirmatively declines to 

6 be registered, the individual will be registered to vote 

7 in such elections. 

8 (b) REGISTRATION OF VOTERS BASED ON NEW

9 AGENCY RECORDS.—The chief State election official 

10 shall— 

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

12 agency has transmitted information with respect to 

13 an individual pursuant to section 1013, ensure that 

14 the individual is registered to vote in elections for 

15 Federal office in the State if the individual is eligible 

16 to be registered to vote in such elections; and 

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

18 agency has transmitted such information with re19 spect to the individual, send written notice to the in20 dividual, in addition to other means of notice estab21 lished by this part, of the individual’s voter registra22 tion status. 

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

24 EXISTING CONTRIBUTING AGENCY RECORDS.—The chief 

25 State election official shall— 


kjohnson on DSK79L0C42 with BILLS
39 

HR 1 PCS

1 (1) identify all individuals whose information is 

2 transmitted by a contributing agency pursuant to 

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

4 currently, registered to vote in that State; 

5 (2) promptly send each such individual written 

6 notice, in addition to other means of notice estab7 lished by this part, which shall not identify the con8 tributing agency that transmitted the information 

9 but shall include— 

10 (A) an explanation that voter registration 

11 is voluntary, but if the individual does not de12 cline registration, the individual will be reg13 istered to vote; 

14 (B) a statement offering the opportunity to 

15 decline voter registration through means con16 sistent with the requirements of this part; 

17 (C) in the case of a State in which affili18 ation or enrollment with a political party is re19 quired in order to participate in an election to 

20 select the party’s candidate in an election for 

21 Federal office, a statement offering the indi22 vidual the opportunity to affiliate or enroll with 

23 a political party or to decline to affiliate or en24 roll with a political party, through means con25 sistent with the requirements of this part; 


kjohnson on DSK79L0C42 with BILLS
40 

HR 1 PCS

1 (D) 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 a 

7 statement that the individual should decline to 

8 register if the individual does not meet all those 

9 qualifications; 

10 (E) instructions for correcting any erro11 neous information; and 

12 (F) instructions for providing any addi13 tional information which is listed in the mail 

14 voter registration application form for elections 

15 for Federal office prescribed pursuant to section 

16 9 of the National Voter Registration Act of 

17 1993; 

18 (3) ensure that each such individual who is eli19 gible to register to vote in elections for Federal of20 fice in the State is promptly registered to vote not 

21 later than 45 days after the official sends the indi22 vidual the written notice under paragraph (2), un23 less, during the 30-day period which begins on the 

24 date the election official sends the individual such 

25 written notice, the individual declines registration in 


kjohnson on DSK79L0C42 with BILLS
41 

HR 1 PCS

1 writing, through a communication made over the 

2 Internet, or by an officially-logged telephone commu3 nication; and 

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

5 in addition to other means of notice established by 

6 this part, of the individual’s voter registration sta7 tus. 

8 (d) TREATMENT OF INDIVIDUALS UNDER 18 YEARS

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

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

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

12 at the time a contributing agency receives information 

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

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

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

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

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

18 SEC. 1013. CONTRIBUTING AGENCY ASSISTANCE IN REG19 ISTRATION. 

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

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

22 election official in registering to vote all eligible individuals 

23 served by that agency. 

24 (b) REQUIREMENTS FOR CONTRIBUTING AGEN25 CIES.— 


kjohnson on DSK79L0C42 with BILLS
42 

HR 1 PCS

1 (1) INSTRUCTIONS ON AUTOMATIC REGISTRA2 TION.—With each application for service or assist3 ance, and with each related recertification, renewal, 

4 or change of address, or, in the case of an institu5 tion of higher education, with each registration of a 

6 student for enrollment in a course of study, each 

7 contributing agency that (in the normal course of its 

8 operations) requests individuals to affirm United 

9 States citizenship (either directly or as part of the 

10 overall application for service or assistance) shall in11 form each such individual who is a citizen of the 

12 United States of the following: 

13 (A) Unless that individual declines to reg14 ister to vote, or is found ineligible to vote, the 

15 individual will be registered to vote or, if appli16 cable, the individual’s registration will be up17 dated. 

18 (B) The substantive qualifications of an 

19 elector in the State as listed in the mail voter 

20 registration application form for elections for 

21 Federal office prescribed pursuant to section 9 

22 of the National Voter Registration Act of 1993, 

23 the consequences of false registration, and the 

24 individual should decline to register if the indi25 vidual does not meet all those qualifications. 


kjohnson on DSK79L0C42 with BILLS
43 

HR 1 PCS

1 (C) In the case of a State in which affili2 ation or enrollment with a political party is re3 quired in order to participate in an election to 

4 select the party’s candidate in an election for 

5 Federal office, the requirement that the indi6 vidual must affiliate or enroll with a political 

7 party in order to participate in such an election. 

8 (D) Voter registration is voluntary, and 

9 neither registering nor declining to register to 

10 vote will in any way affect the availability of 

11 services or benefits, nor be used for other pur12 poses. 

13 (2) OPPORTUNITY TO DECLINE REGISTRATION

14 REQUIRED.—Each contributing agency shall ensure 

15 that each application for service or assistance, and 

16 each related recertification, renewal, or change of 

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

18 education, each registration of a student for enroll19 ment in a course of study, cannot be completed until 

20 the individual is given the opportunity to decline to 

21 be registered to vote. 

22 (3) INFORMATION TRANSMITTAL.—Upon the 

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

24 date the contributing agency informs the individual 

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


kjohnson on DSK79L0C42 with BILLS
44 

HR 1 PCS

1 contributing agency shall electronically transmit to 

2 the appropriate State election official, in a format 

3 compatible with the statewide voter database main4 tained under section 303 of the Help America Vote 

5 Act of 2002 (52 U.S.C. 21083), the following infor6 mation, unless during such 30-day period the indi7 vidual declined to be registered to vote: 

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

9 surname(s). 

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

11 (C) The individual’s residential address. 

12 (D) Information showing that the indi13 vidual is a citizen of the United States. 

14 (E) The date on which information per15 taining to that individual was collected or last 

16 updated. 

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

18 in electronic form. 

19 (G) Information regarding the individual’s 

20 affiliation or enrollment with a political party, 

21 if the individual provides such information. 

22 (H) Any additional information listed in 

23 the mail voter registration application form for 

24 elections for Federal office prescribed pursuant 

25 to section 9 of the National Voter Registration 


kjohnson on DSK79L0C42 with BILLS
45 

HR 1 PCS

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

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

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

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

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

9 in the normal course of its operations does not request 

10 individuals applying for service or assistance to affirm 

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

12 overall application for service or assistance) shall— 

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

14 of the National Voter Registration Act of 1993 (52 

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

16 (2) ensure that each applicant’s transaction 

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

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

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

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

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


kjohnson on DSK79L0C42 with BILLS
46 

HR 1 PCS

1 SERVICE OR ASSISTANCE.—Each contributing agency 

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

7 to register to vote as prescribed by this section without 

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

10 (e) CONTRIBUTING AGENCIES.— 

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

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

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

17 authority and other voter registration agencies 

18 under the National Voter Registration Act of 

19 1993. 

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

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

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


kjohnson on DSK79L0C42 with BILLS
47 

HR 1 PCS

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

3 firearms. 

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

6 students enrolled at public secondary schools, 

7 including, where applicable, the State agency 

8 responsible for maintaining the education data 

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

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

11 9871(e)(2)). 

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

16 or upon formal restoration of rights, the State 

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

19 rights. 

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

21 designated by the State as a contributing agen22 cy. 

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

24 of the following agencies of the Federal government 

25 shall be treated as a contributing agency with reVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
48 

HR 1 PCS

1 spect to individuals who are residents of that State 

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

3 (A) The Social Security Administration, 

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

7 Administration of the Department of Labor, 

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

10 Services. 

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

14 process. 

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

16 resident of a State in which an individual 

17 disenfranchised by a criminal conviction under 

18 Federal law may become eligible to vote upon 

19 completion of a criminal sentence or any part 

20 thereof, or upon formal restoration of rights, 

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

23 regard to whether the agency is located in the 

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


kjohnson on DSK79L0C42 with BILLS
49 

HR 1 PCS

1 have completed the criminal sentence or any 

2 part thereof. 

3 (D) Any other agency of the Federal gov4 ernment which the State designates as a con5 tributing agency, but only if the State and the 

6 head of the agency determine that the agency 

7 collects information sufficient to carry out the 

8 responsibilities of a contributing agency under 

9 this section. 

10 (3) SPECIAL RULE FOR INSTITUTIONS OF HIGH11 ER EDUCATION.— 

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

13 part, each institution of higher education de14 scribed in subparagraph (B) shall be treated as 

15 a contributing agency in the State in which it 

16 is located, except that— 

17 (i) the institution shall be treated as 

18 a contributing agency only if, in its normal 

19 course of operations, the institution re20 quests each student registering for enroll21 ment in a course of study, including enroll22 ment in a program of distance education, 

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

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


kjohnson on DSK79L0C42 with BILLS
50 

HR 1 PCS

1 1003(7)), to affirm whether or not the stu2 dent is a United States citizen; and 

3 (ii) if the institution is treated as a 

4 contributing agency in a State pursuant to 

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

6 contributing agency only with respect to 

7 students, including students enrolled in a 

8 program of distance education, as defined 

9 in section 103(7) of the Higher Education 

10 Act of 1965 (20 U.S.C. 1003(7)), who re11 side in the State. 

12 (B) INSTITUTIONS DESCRIBED.—An insti13 tution described in this subparagraph is an in14 stitution of higher education which has a pro15 gram participation agreement in effect with the 

16 Secretary of Education under section 487 of the 

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

18 1094) and which is located in a State to which 

19 section 4(b) of the National Voter Registration 

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

21 apply. 

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

23 prior to the date of each election for Federal office 

24 held in the State, the chief State election official 

25 shall publish on the public website of the official an 


kjohnson on DSK79L0C42 with BILLS
51 

HR 1 PCS

1 updated list of all contributing agencies in that 

2 State. 

3 (5) PUBLIC EDUCATION.—The chief State elec4 tion official of each State, in collaboration with each 

5 contributing agency, shall take appropriate measures 

6 to educate the public about voter registration under 

7 this section. 

8 SEC. 1014. ONE-TIME CONTRIBUTING AGENCY ASSISTANCE 

9 IN REGISTRATION OF ELIGIBLE VOTERS IN 

10 EXISTING RECORDS. 

11 (a) INITIAL TRANSMITTAL OF INFORMATION.—For 

12 each individual already listed in a contributing agency’s 

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

14 whom the agency has the information listed in section 

15 1013(b)(3), the agency shall promptly transmit that infor16 mation to the appropriate State election official in accord17 ance with section 1013(b)(3) not later than the effective 

18 date described in section 1011(a). 

19 (b) TRANSITION.—For each individual listed in a con20 tributing agency’s records as of the effective date de21 scribed in section 1011(a) (but who was not listed in a 

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

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

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

25 transmit that information to the appropriate State election 


kjohnson on DSK79L0C42 with BILLS
52 

HR 1 PCS

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

2 than 6 months after the effective date described in section 

3 1011(a). 

4 SEC. 1015. VOTER PROTECTION AND SECURITY IN AUTO5 MATIC REGISTRATION. 

6 (a) PROTECTIONS FOR ERRORS IN REGISTRATION.— 

7 An individual shall not be prosecuted under any Federal 

8 or State law, adversely affected in any civil adjudication 

9 concerning immigration status or naturalization, or sub10 ject to an allegation in any legal proceeding that the indi11 vidual is not a citizen of the United States on any of the 

12 following grounds: 

13 (1) The individual notified an election office of 

14 the individual’s automatic registration to vote under 

15 this part. 

16 (2) The individual is not eligible to vote in elec17 tions for Federal office but was automatically reg18 istered to vote under this part. 

19 (3) The individual was automatically registered 

20 to vote under this part at an incorrect address. 

21 (4) The individual declined the opportunity to 

22 register to vote or did not make an affirmation of 

23 citizenship, including through automatic registration, 

24 under this part. 


kjohnson on DSK79L0C42 with BILLS
53 

HR 1 PCS

1 (b) LIMITS ON USE OF AUTOMATIC REGISTRA2 TION.—The automatic registration of any individual or the 

3 fact that an individual declined the opportunity to register 

4 to vote or did not make an affirmation of citizenship (in5 cluding through automatic registration) under this part 

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

7 State or Federal law enforcement proceeding, and an indi8 vidual’s lack of knowledge or willfulness of such registra9 tion may be demonstrated by the individual’s testimony 

10 alone. 

11 (c) PROTECTION OF ELECTION INTEGRITY.—Noth12 ing in subsections (a) or (b) may be construed to prohibit 

13 or restrict any action under color of law against an indi14 vidual who— 

15 (1) knowingly and willfully makes a false state16 ment to effectuate or perpetuate automatic voter 

17 registration by any individual; or 

18 (2) casts a ballot knowingly and willfully in vio19 lation of State law or the laws of the United States. 

20 (d) CONTRIBUTING AGENCIES’ PROTECTION OF IN21 FORMATION.—Nothing in this part authorizes a contrib22 uting agency to collect, retain, transmit, or publicly dis23 close any of the following: 

24 (1) An individual’s decision to decline to reg25 ister to vote or not to register to vote. 


kjohnson on DSK79L0C42 with BILLS
54 

HR 1 PCS

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

2 her citizenship. 

3 (3) Any information that a contributing agency 

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

5 pursuing the agency’s ordinary course of business. 

6 (e) ELECTION OFFICIALS’ PROTECTION OF INFOR7 MATION.— 

8 (1) PUBLIC DISCLOSURE PROHIBITED.— 

9 (A) IN GENERAL.—Subject to subpara10 graph (B), with respect to any individual for 

11 whom any State election official receives infor12 mation from a contributing agency, the State 

13 election officials shall not publicly disclose any 

14 of the following: 

15 (i) The identity of the contributing 

16 agency. 

17 (ii) Any information not necessary to 

18 voter registration. 

19 (iii) Any voter information otherwise 

20 shielded from disclosure under State law or 

21 section 8(a) of the National Voter Reg22 istration Act of 1993 (52 U.S.C. 

23 20507(a)). 

24 (iv) Any portion of the individual’s so25 cial security number. 


kjohnson on DSK79L0C42 with BILLS
55 

HR 1 PCS

1 (v) Any portion of the individual’s 

2 motor vehicle driver’s license number. 

3 (vi) The individual’s signature. 

4 (vii) The individual’s telephone num5 ber. 

6 (viii) The individual’s email address. 

7 (B) SPECIAL RULE FOR INDIVIDUALS REG8 ISTERED TO VOTE.—With respect to any indi9 vidual for whom any State election official re10 ceives information from a contributing agency 

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

12 registered to vote in the State under this part, 

13 the State election officials shall not publicly dis14 close any of the following: 

15 (i) The identity of the contributing 

16 agency. 

17 (ii) Any information not necessary to 

18 voter registration. 

19 (iii) Any voter information otherwise 

20 shielded from disclosure under State law or 

21 section 8(a) of the National Voter Reg22 istration Act of 1993 (52 U.S.C. 

23 20507(a)). 

24 (iv) Any portion of the individual’s so25 cial security number. 


kjohnson on DSK79L0C42 with BILLS
56 

HR 1 PCS

1 (v) Any portion of the individual’s 

2 motor vehicle driver’s license number. 

3 (vi) The individual’s signature. 

4 (2) VOTER RECORD CHANGES.—Each State 

5 shall maintain for at least 2 years and shall make 

6 available for public inspection (and, where available, 

7 photocopying at a reasonable cost), including in elec8 tronic form and through electronic methods, all 

9 records of changes to voter records, including remov10 als, the reasons for removals, and updates. 

11 (3) DATABASE MANAGEMENT STANDARDS.— 

12 The Director of the National Institute of Standards 

13 and Technology shall, after providing the public with 

14 notice and the opportunity to comment— 

15 (A) establish standards governing the com16 parison of data for voter registration list main17 tenance purposes, identifying as part of such 

18 standards the specific data elements, the 

19 matching rules used, and how a State may use 

20 the data to determine and deem that an indi21 vidual is ineligible under State law to vote in an 

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

23 or outdated; 

24 (B) ensure that the standards developed 

25 pursuant to this paragraph are uniform and 


kjohnson on DSK79L0C42 with BILLS
57 

HR 1 PCS

1 nondiscriminatory and are applied in a uniform 

2 and nondiscriminatory manner; and 

3 (C) not later than 45 days after the dead4 line for public notice and comment, publish the 

5 standards developed pursuant to this paragraph 

6 on the Director’s website and make those 

7 standards available in written form upon re8 quest. 

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

10 National Institute of Standards and Technology 

11 shall, after providing the public with notice and the 

12 opportunity to comment, publish privacy and secu13 rity standards for voter registration information not 

14 later than 45 days after the deadline for public no15 tice and comment. The standards shall require the 

16 chief State election official of each State to adopt a 

17 policy that shall specify— 

18 (A) each class of users who shall have au19 thorized access to the computerized statewide 

20 voter registration list, specifying for each class 

21 the permission and levels of access to be grant22 ed, and setting forth other safeguards to pro23 tect the privacy, security, and accuracy of the 

24 information on the list; and 


kjohnson on DSK79L0C42 with BILLS
58 

HR 1 PCS

1 (B) security safeguards to protect personal 

2 information transmitted through the informa3 tion transmittal processes of section 1013 or 

4 section 1014, the online system used pursuant 

5 to section 1017, any telephone interface, the 

6 maintenance of the voter registration database, 

7 and any audit procedure to track access to the 

8 system. 

9 (5) STATE COMPLIANCE WITH NATIONAL

10 STANDARDS.— 

11 (A) CERTIFICATION.—The chief executive 

12 officer of the State shall annually file with the 

13 Election Assistance Commission a statement 

14 certifying to the Director of the National Insti15 tute of Standards and Technology that the 

16 State is in compliance with the standards re17 ferred to in paragraphs (3) and (4). A State 

18 may meet the requirement of the previous sen19 tence by filing with the Commission a statement 

20 which reads as follows: ‘‘lllll hereby 

21 certifies that it is in compliance with the stand22 ards referred to in paragraphs (3) and (4) of 

23 section 1015(e) of the Automatic Voter Reg24 istration Act of 2019.’’ (with the blank to be 

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


kjohnson on DSK79L0C42 with BILLS
59 

HR 1 PCS

1 (B) PUBLICATION OF POLICIES AND PRO2 CEDURES.—The chief State election official of a 

3 State shall publish on the official’s website the 

4 policies and procedures established under this 

5 section, and shall make those policies and pro6 cedures available in written form upon public 

7 request. 

8 (C) FUNDING DEPENDENT ON CERTIFI9 CATION.—If a State does not timely file the cer10 tification required under this paragraph, it shall 

11 not receive any payment under this part for the 

12 upcoming fiscal year. 

13 (D) COMPLIANCE OF STATES THAT RE14 QUIRE CHANGES TO STATE LAW.—In the case 

15 of a State that requires State legislation to 

16 carry out an activity covered by any certifi17 cation submitted under this paragraph, for a 

18 period of not more than 2 years the State shall 

19 be permitted to make the certification notwith20 standing that the legislation has not been en21 acted at the time the certification is submitted, 

22 and such State shall submit an additional cer23 tification once such legislation is enacted. 

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

25 person acting under color of law may discriminate against 


kjohnson on DSK79L0C42 with BILLS
60 

HR 1 PCS

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

2 voter registration, election administration, or enforcement 

3 relating to election crimes, any of the following: 

4 (1) Voter registration records. 

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

6 vote or complete an affirmation of citizenship under 

7 section 1013(b). 

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

9 (g) PROHIBITION ON THE USE OF VOTER REGISTRA10 TION INFORMATION FOR COMMERCIAL PURPOSES.—In11 formation collected under this part shall not be used for 

12 commercial purposes. Nothing in this subsection may be 

13 construed to prohibit the transmission, exchange, or dis14 semination of information for political purposes, including 

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

16 or local public office or the activities of political commit17 tees (including committees of political parties) under the 

18 Federal Election Campaign Act of 1971. 

19 SEC. 1016. REGISTRATION PORTABILITY AND CORRECTION. 

20 (a) CORRECTING REGISTRATION INFORMATION AT

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

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

23 an individual is registered to vote in elections for Federal 

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

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


kjohnson on DSK79L0C42 with BILLS
61 

HR 1 PCS

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

2 the election) shall permit the individual to— 

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

4 of the records of the election official; 

5 (2) correct any incorrect information relating to 

6 the individual, including the individual’s name and 

7 political party affiliation, in the records of the elec8 tion official; and 

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

10 the updated address or corrected information, and to 

11 have the ballot treated as a regular ballot and not 

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

13 Act. 

14 (b) UPDATES TO COMPUTERIZED STATEWIDE VOTER

15 REGISTRATION LISTS.—If an election official at the poll16 ing place receives an updated address or corrected infor17 mation from an individual under subsection (a), the offi18 cial shall ensure that the address or information is 

19 promptly entered into the computerized Statewide voter 

20 registration list in accordance with section 

21 303(a)(1)(A)(vi) of the Help America Vote Act of 2002 

22 (52 U.S.C. 21083(a)(1)(A)(vi)). 

23 SEC. 1017. PAYMENTS AND GRANTS. 

24 (a) IN GENERAL.—The Election Assistance Commis25 sion shall make grants to each eligible State to assist the 


kjohnson on DSK79L0C42 with BILLS
62 

HR 1 PCS

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

2 in the case of an exempt State, in implementing its exist3 ing automatic voter registration program). 

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

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

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

7 Commission may require, an application containing— 

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

9 carry out with the grant; 

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

11 such activities without partisan bias and without 

12 promoting any particular point of view regarding 

13 any issue; and 

14 (3) such other information and assurances as 

15 the Commission may require. 

16 (c) AMOUNT OF GRANT; PRIORITIES.—The Commis17 sion shall determine the amount of a grant made to an 

18 eligible State under this section. In determining the 

19 amounts of the grants, the Commission shall give priority 

20 to providing funds for those activities which are most like21 ly to accelerate compliance with the requirements of this 

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

23 likely to enhance the ability of the State to automatically 

24 register individuals to vote through its existing automatic 

25 voter registration program), including— 


kjohnson on DSK79L0C42 with BILLS
63 

HR 1 PCS

1 (1) investments supporting electronic informa2 tion transfer, including electronic collection and 

3 transfer of signatures, between contributing agencies 

4 and the appropriate State election officials; 

5 (2) updates to online or electronic voter reg6 istration systems already operating as of the date of 

7 the enactment of this Act; 

8 (3) introduction of online voter registration sys9 tems in jurisdictions in which those systems did not 

10 previously exist; and 

11 (4) public education on the availability of new 

12 methods of registering to vote, updating registration, 

13 and correcting registration. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.— 

15 (1) AUTHORIZATION.—There are authorized to 

16 be appropriated to carry out this section— 

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

18 (B) such sums as may be necessary for 

19 each succeeding fiscal year. 

20 (2) CONTINUING AVAILABILITY OF FUNDS.— 

21 Any amounts appropriated pursuant to the authority 

22 of this subsection shall remain available without fis23 cal year limitation until expended. 


kjohnson on DSK79L0C42 with BILLS
64 

HR 1 PCS

1 SEC. 1018. TREATMENT OF EXEMPT STATES. 

2 (a) WAIVER OF REQUIREMENTS.—Except as pro3 vided in subsection (b), this part does not apply with re4 spect to an exempt State. 

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

6 part apply with respect to an exempt State: 

7 (1) section 1016 (relating to registration port8 ability and correction). 

9 (2) section 1017 (relating to payments and 

10 grants). 

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

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

13 other laws). 

14 SEC. 1019. MISCELLANEOUS PROVISIONS. 

15 (a) ACCESSIBILITY OF REGISTRATION SERVICES.— 

16 Each contributing agency shall ensure that the services 

17 it provides under this part are made available to individ18 uals with disabilities to the same extent as services are 

19 made available to all other individuals. 

20 (b) TRANSMISSION THROUGH SECURE THIRD PARTY

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

22 prevent a contributing agency from contracting with a 

23 third party to assist the agency in meeting the information 

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

25 transmittal complies with the applicable requirements of 


kjohnson on DSK79L0C42 with BILLS
65 

HR 1 PCS

1 this part, including the privacy and security provisions of 

2 section 1015. 

3 (c) NONPARTISAN, NONDISCRIMINATORY PROVISION

4 OF SERVICES.—The services made available by contrib5 uting agencies under this part and by the State under sec6 tions 1015 and 1016 shall be made in a manner consistent 

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

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

9 20506(a)). 

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

11 this part via electronic mail if the individual has provided 

12 an electronic mail address and consented to electronic mail 

13 communications for election-related materials. All notices 

14 sent pursuant to this part that require a response must 

15 offer the individual notified the opportunity to respond at 

16 no cost to the individual. 

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

18 Voter Registration Act of 1993 (52 U.S.C. 20510), relat19 ing to civil enforcement and the availability of private 

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

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

22 (f) RELATION TO OTHER LAWS.—Except as pro23 vided, nothing in this part may be construed to authorize 

24 or require conduct prohibited under, or to supersede, re25 strict, or limit the application of any of the following: 


kjohnson on DSK79L0C42 with BILLS
66 

HR 1 PCS

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

2 10301 et seq.). 

3 (2) The Uniformed and Overseas Citizens Ab4 sentee Voting Act (52 U.S.C. 20301 et seq.). 

5 (3) The National Voter Registration Act of 

6 1993 (52 U.S.C. 20501 et seq.). 

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

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

9 SEC. 1020. DEFINITIONS. 

10 In this part, the following definitions apply: 

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

12 means, with respect to a State, the individual des13 ignated by the State under section 10 of the Na14 tional Voter Registration Act of 1993 (52 U.S.C. 

15 20509) to be responsible for coordination of the 

16 State’s responsibilities under such Act. 

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

18 Assistance Commission. 

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

20 which, under law which is in effect continuously on 

21 and after the date of the enactment of this Act, op22 erates an automatic voter registration program 

23 under which an individual is automatically registered 

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

25 the individual provides the motor vehicle authority of 


kjohnson on DSK79L0C42 with BILLS
67 

HR 1 PCS

1 the State (or, in the case of a State in which an in2 dividual is automatically registered to vote at the 

3 time the individual applies for benefits or services 

4 with a Permanent Dividend Fund of the State, pro5 vides the appropriate official of such Fund) with 

6 such identifying information as the State may re7 quire. 

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

9 States and the District of Columbia. 

10 SEC. 1021. EFFECTIVE DATE. 

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

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

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

14 (b) WAIVER.—Subject to the approval of the Com15 mission, if a State certifies to the Commission that the 

16 State will not meet the deadline referred to in subsection 

17 (a) because of extraordinary circumstances and includes 

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

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

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

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

22 PART 3—SAME DAY VOTER REGISTRATION 

23 SEC. 1031. SAME DAY REGISTRATION. 

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

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


kjohnson on DSK79L0C42 with BILLS
68 

HR 1 PCS

1 (1) by redesignating sections 304 and 305 as 

2 sections 305 and 306; and 

3 (2) by inserting after section 303 the following 

4 new section: 

5 ‘‘SEC. 304. SAME DAY REGISTRATION. 

6 ‘‘(a) IN GENERAL.— 

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

8 any eligible individual on the day of a Federal elec9 tion and on any day when voting, including early 

10 voting, is permitted for a Federal election— 

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

12 the polling place using a form that meets the 

13 requirements under section 9(b) of the National 

14 Voter Registration Act of 1993 (or, if the indi15 vidual is already registered to vote, to revise 

16 any of the individual’s voter registration infor17 mation); and 

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

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

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

21 under a State law in effect continuously on and after 

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

23 voter registration requirement for individuals in the 

24 State with respect to elections for Federal office. 


kjohnson on DSK79L0C42 with BILLS
69 

HR 1 PCS

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

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

3 to any election for Federal office, an individual who is oth4 erwise qualified to vote in that election. 

5 ‘‘(c) EFFECTIVE DATE.—Each State shall be re6 quired to comply with the requirements of subsection (a) 

7 for the regularly scheduled general election for Federal of8 fice occurring in November 2020 and for any subsequent 

9 election for Federal office.’’. 

10 (b) CONFORMING AMENDMENT RELATING TO EN11 FORCEMENT.—Section 401 of such Act (52 U.S.C. 21111) 

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

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

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

15 of such Act is amended— 

16 (1) by redesignating the items relating to sec17 tions 304 and 305 as relating to sections 305 and 

18 306; and 

19 (2) by inserting after the item relating to sec20 tion 303 the following new item: 

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


kjohnson on DSK79L0C42 with BILLS
70 

HR 1 PCS

1 PART 4—CONDITIONS ON REMOVAL ON BASIS OF 

2 INTERSTATE CROSS-CHECKS 

3 SEC. 1041. CONDITIONS ON REMOVAL OF REGISTRANTS 

4 FROM OFFICIAL LIST OF ELIGIBLE VOTERS 

5 ON BASIS OF INTERSTATE CROSS-CHECKS. 

6 (a) MINIMUM INFORMATION REQUIRED FOR RE7 MOVAL UNDER CROSS-CHECK.—Section 8(c)(2) of the 

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

9 20507(c)(2)) is amended— 

10 (1) by redesignating subparagraph (B) as sub11 paragraph (D); and 

12 (2) by inserting after subparagraph (A) the fol13 lowing new subparagraphs: 

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

15 a State under subparagraph (A) to systematically remove 

16 the names of ineligible voters from the official lists of eligi17 ble voters uses information obtained in an interstate cross18 check, in addition to any other conditions imposed under 

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

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

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

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

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

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

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


kjohnson on DSK79L0C42 with BILLS
71 

HR 1 PCS

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

2 ERIC system that the voter is no longer a resident 

3 of the State. 

4 ‘‘(C) In this paragraph— 

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

6 transmission of information from an election official 

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

8 and 

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

10 operated by the Electronic Registration Information 

11 Center to share voter registration information and 

12 voter identification information among participating 

13 States.’’. 

14 (b) REQUIRING COMPLETION OF CROSS-CHECKS NOT

15 LATER THAN 6 MONTHS PRIOR TO ELECTION.—Sub16 paragraph (A) of section 8(c)(2) of such Act (52 U.S.C. 

17 20507(c)(2)) is amended by striking ‘‘not later than 90 

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

19 (or, in the case of a program in which the State uses inter20 state cross-checks, not later than 6 months)’’. 

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

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

23 as redesignated by subsection (a)(1), is amended by strik24 ing ‘‘Subparagraph (A)’’ and inserting ‘‘This paragraph’’. 


kjohnson on DSK79L0C42 with BILLS
72 

HR 1 PCS

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

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

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

4 on the date of the enactment of this Act. 

5 PART 5—OTHER INITIATIVES TO PROMOTE 

6 VOTER REGISTRATION 

7 SEC. 1051. ANNUAL REPORTS ON VOTER REGISTRATION 

8 STATISTICS. 

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

10 the end of each year, each State shall submit to the Elec11 tion Assistance Commission and Congress a report con12 taining the following categories of information for the 

13 year: 

14 (1) The number of individuals who were reg15 istered under part 2. 

16 (2) The number of voter registration applica17 tion forms completed by individuals that were trans18 mitted by motor vehicle authorities in the State 

19 (pursuant to section 5(d) of the National Voter Reg20 istration Act of 1993) and voter registration agen21 cies in the State (as designated under section 7 of 

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

23 State, broken down by each such authority and 

24 agency. 


kjohnson on DSK79L0C42 with BILLS
73 

HR 1 PCS

1 (3) The number of such individuals whose voter 

2 registration application forms were accepted and 

3 who were registered to vote in the State and the 

4 number of such individuals whose forms were re5 jected and who were not registered to vote in the 

6 State, broken down by each such authority and 

7 agency. 

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

9 other forms of information indicating that an indi10 vidual’s identifying information has been changed 

11 that were transmitted by such motor vehicle authori12 ties and voter registration agencies to the chief State 

13 election official of the State, broken down by each 

14 such authority and agency and the type of form 

15 transmitted. 

16 (5) The number of individuals on the Statewide 

17 computerized voter registration list (as established 

18 and maintained under section 303 of the Help 

19 America Vote Act of 2002) whose voter registration 

20 information was revised by the chief State election 

21 official as a result of the forms transmitted to the 

22 official by such motor vehicle authorities and voter 

23 registration agencies (as described in paragraph 

24 (3)), broken down by each such authority and agen25 cy and the type of form transmitted. 


kjohnson on DSK79L0C42 with BILLS
74 

HR 1 PCS

1 (6) The number of individuals who requested 

2 the chief State election official to revise voter reg3 istration information on such list, and the number of 

4 individuals whose information was revised as a result 

5 of such a request. 

6 (b) BREAKDOWN OF INFORMATION.—In preparing 

7 the report under this section, the State shall, for each cat8 egory of information described in subsection (a), include 

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

10 individuals whose information is included in the category, 

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

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

13 (c) CONFIDENTIALITY OF INFORMATION.—In pre14 paring and submitting a report under this section, the 

15 chief State election official shall ensure that no informa16 tion regarding the identification of any individual is re17 vealed. 

18 (d) STATE DEFINED.—In this section, a ‘‘State’’ in19 cludes the District of Columbia, the Commonwealth of 

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

21 American Samoa, and the Commonwealth of the Northern 

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

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

24 date of the enactment of this Act, there is no voter regVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
75 

HR 1 PCS

1 istration requirement for individuals in the State with re2 spect to elections for Federal office. 

3 SEC. 1052. ENSURING PRE-ELECTION REGISTRATION DEAD4 LINES ARE CONSISTENT WITH TIMING OF 

5 LEGAL PUBLIC HOLIDAYS. 

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

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

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

9 and inserting ‘‘28 days’’. 

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

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

12 in 2020 or any succeeding year. 

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

14 OF ADDRESS FORM TO REMIND INDIVIDUALS 

15 TO UPDATE VOTER REGISTRATION. 

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

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

18 shall modify any hard copy change of address form used 

19 by the United States Postal Service so that such form con20 tains a reminder that any individual using such form 

21 should update the individual’s voter registration as a re22 sult of any change in address. 

23 (b) APPLICATION.—The requirement in subsection 

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

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


kjohnson on DSK79L0C42 with BILLS
76 

HR 1 PCS

1 SEC. 1054. GRANTS TO STATES FOR ACTIVITIES TO EN2 COURAGE INVOLVEMENT OF MINORS IN 

3 ELECTION ACTIVITIES. 

4 (a) GRANTS.— 

5 (1) IN GENERAL.—The Election Assistance 

6 Commission (hereafter in this section referred to as 

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

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

9 increase the involvement of individuals under 18 

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

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

12 under this subsection shall include— 

13 (A) methods to promote the use of the pre14 registration process implemented under section 

15 8A of the National Voter Registration Act of 

16 1993 (as added by section 2(a)); 

17 (B) modifications to the curriculum of sec18 ondary schools in the State to promote civic en19 gagement; and 

20 (C) such other activities to encourage the 

21 involvement of young people in the electoral 

22 process as the State considers appropriate. 

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

24 grant under this section if the State submits to the Com25 mission, at such time and in such form as the Commission 

26 may require, an application containing— 


kjohnson on DSK79L0C42 with BILLS
77 

HR 1 PCS

1 (1) a description of the State’s plan under sub2 section (a); 

3 (2) a description of the performance measures 

4 and targets the State will use to determine its suc5 cess in carrying out the plan; and 

6 (3) such other information and assurances as 

7 the Commission may require. 

8 (c) PERIOD OF GRANT; REPORT.— 

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

10 grant under this section shall use the funds provided 

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

12 the State and the Commission. 

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

14 the end of the 2-year period agreed to under para15 graph (1), the State shall submit to the Commission 

16 a report on the activities the State carried out with 

17 the funds provided by the grant, and shall include 

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

19 State met the performance measures and targets in20 cluded in its application under subsection (b)(2). 

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

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

23 of Columbia. 


kjohnson on DSK79L0C42 with BILLS
78 

HR 1 PCS

1 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated for grants under this 

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

4 PART 6—AVAILABILITY OF HAVA REQUIREMENTS 

5 PAYMENTS 

6 SEC. 1061. AVAILABILITY OF REQUIREMENTS PAYMENTS 

7 UNDER HAVA TO COVER COSTS OF COMPLI8 ANCE WITH NEW REQUIREMENTS. 

9 (a) IN GENERAL.—Section 251(b) of the Help Amer10 ica Vote Act of 2002 (52 U.S.C. 21001(b)) is amended— 

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

12 in paragraphs (2) and (3)’’ and inserting ‘‘as other13 wise provided in this subsection’’; and 

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

15 paragraph: 

16 ‘‘(4) CERTAIN VOTER REGISTRATION ACTIVI17 TIES.—A State may use a requirements payment to 

18 carry out any of the requirements of the Voter Reg19 istration Modernization Act of 2019, including the 

20 requirements of the National Voter Registration Act 

21 of 1993 which are imposed pursuant to the amend22 ments made to such Act by the Voter Registration 

23 Modernization Act of 2019.’’. 

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

25 of such Act (52 U.S.C. 21004(a)(1)) is amended by strikVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
79 

HR 1 PCS

1 ing ‘‘section 251(a)(2)’’ and inserting ‘‘section 

2 251(b)(2)’’. 

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

4 this section shall apply with respect to fiscal year 2018 

5 and each succeeding fiscal year. 

6 PART 7—PROHIBITING INTERFERENCE WITH 

7 VOTER REGISTRATION 

8 SEC. 1071. PROHIBITING HINDERING, INTERFERING WITH, 

9 OR PREVENTING VOTER REGISTRATION. 

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

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

12 new section: 

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

14 registering to vote 

15 ‘‘(a) PROHIBITION.—It shall be unlawful for any per16 son, whether acting under color of law or otherwise, to 

17 corruptly hinder, interfere with, or prevent another person 

18 from registering to vote or to corruptly hinder, interfere 

19 with, or prevent another person from aiding another per20 son in registering to vote. 

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

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

23 the same penalties as those prescribed for the offense that 

24 the person attempted to commit. 


kjohnson on DSK79L0C42 with BILLS
80 

HR 1 PCS

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

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

3 than 5 years, or both.’’. 

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

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

6 by adding at the end the following new item: 

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

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

8 this section shall apply with respect to elections held on 

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

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

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

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

13 enactment of this Act. 

14 SEC. 1072. ESTABLISHMENT OF BEST PRACTICES. 

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

16 the date of the enactment of this Act, the Election Assist17 ance Commission shall develop and publish recommenda18 tions for best practices for States to use to deter and pre19 vent violations of section 612 of title 18, United States 

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

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

22 20511) (relating to the unlawful interference with reg23 istering to vote, or voting, or attempting to register to vote 

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

25 relevant information at polling places and voter registraVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
81 

HR 1 PCS

1 tion agencies under such Act, the training of poll workers 

2 and election officials, and relevant educational materials. 

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

4 the District of Columbia, the Commonwealth of Puerto 

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

6 Islands, and the Commonwealth of the Northern Mariana 

7 Islands. 

8 (b) INCLUSION IN VOTER INFORMATION REQUIRE9 MENTS.—Section 302(b)(2) of the Help America Vote Act 

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

11 (1) by striking ‘‘and’’ at the end of subpara12 graph (E); 

13 (2) by striking the period at the end of sub14 paragraph (F) and inserting ‘‘; and’’; and 

15 (3) by adding at the end the following new sub16 paragraph: 

17 ‘‘(G) information relating to the prohibi18 tions of section 612 of title 18, United States 

19 Code, and section 12 of the National Voter 

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

21 (relating to the unlawful interference with reg22 istering to vote, or voting, or attempting to reg23 ister to vote or vote), including information on 

24 how individuals may report allegations of viola25 tions of such prohibitions.’’. 


kjohnson on DSK79L0C42 with BILLS
82 

HR 1 PCS

1 PART 8—VOTER REGISTRATION EFFICIENCY ACT 

2 SEC. 1081. SHORT TITLE. 

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

4 Efficiency Act’’. 

5 SEC. 1082. REQUIRING APPLICANTS FOR MOTOR VEHICLE 

6 DRIVER’S LICENSES IN NEW STATE TO INDI7 CATE WHETHER STATE SERVES AS RESI8 DENCE FOR VOTER REGISTRATION PUR9 POSES. 

10 (a) REQUIREMENTS FOR APPLICANTS FOR LI11 CENSES.—Section 5(d) of the National Voter Registration 

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

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

14 ‘‘(1) Any change’’; and 

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

16 paragraph: 

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

18 require each individual applying for a motor vehicle 

19 driver’s license in the State— 

20 ‘‘(i) to indicate whether the individual 

21 resides in another State or resided in an22 other State prior to applying for the li23 cense, and, if so, to identify the State in24 volved; and 

25 ‘‘(ii) to indicate whether the individual 

26 intends for the State to serve as the indiVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
83 

HR 1 PCS

1 vidual’s residence for purposes of reg2 istering to vote in elections for Federal of3 fice. 

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

5 an individual indicates to the State motor vehi6 cle authority that the individual intends for the 

7 State to serve as the individual’s residence for 

8 purposes of registering to vote in elections for 

9 Federal office, the authority shall notify the 

10 motor vehicle authority of the State identified 

11 by the individual pursuant to subparagraph 

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

13 official of such State that the individual no 

14 longer intends for that State to serve as the in15 dividual’s residence for purposes of registering 

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

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

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

19 occurring in 2019 or any succeeding year. 


kjohnson on DSK79L0C42 with BILLS
84 

HR 1 PCS

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. 


kjohnson on DSK79L0C42 with BILLS
85 

HR 1 PCS

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. 


kjohnson on DSK79L0C42 with BILLS
86 

HR 1 PCS

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) is amended— 

11 (1) by redesignating subsection (k), as redesig12 nated by section 1004, as subsection (l); and 

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

14 by such section 1004, the following 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 


kjohnson on DSK79L0C42 with BILLS
87 

HR 1 PCS

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, 2020. 

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; 


kjohnson on DSK79L0C42 with BILLS
88 

HR 1 PCS

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 


kjohnson on DSK79L0C42 with BILLS
89 

HR 1 PCS

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 


kjohnson on DSK79L0C42 with BILLS
90 

HR 1 PCS

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— 


kjohnson on DSK79L0C42 with BILLS
91 

HR 1 PCS

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 

24 include a means of electronic communication so des25 ignated with all informational and instructional maVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
92 

HR 1 PCS

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. 


kjohnson on DSK79L0C42 with BILLS
93 

HR 1 PCS

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 


kjohnson on DSK79L0C42 with BILLS
94 

HR 1 PCS

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 


kjohnson on DSK79L0C42 with BILLS
95 

HR 1 PCS

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: 


kjohnson on DSK79L0C42 with BILLS
96 

HR 1 PCS

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 


kjohnson on DSK79L0C42 with BILLS
97 

HR 1 PCS

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, 2020.’’. 

22 (b) CONFORMING AMENDMENT RELATING TO

23 ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION AS24 SISTANCE COMMISSION.—Section 311(b) of such Act (52 

25 U.S.C. 21101(b)) is amended— 


kjohnson on DSK79L0C42 with BILLS
98 

HR 1 PCS

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

2 (2); 

3 (2) by striking the period at the end of para4 graph (3) and inserting ‘‘; and’’; and 

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

6 paragraph: 

7 ‘‘(4) in the case of the recommendations with 

8 respect to section 305, January 1, 2020.’’. 

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

10 of such Act, as amended by section 1031(c), is amended— 

11 (1) by redesignating the items relating to sec12 tions 305 and 306 as relating to sections 306 and 

13 307; and 

14 (2) by inserting after the item relating to sec15 tion 304 the following new item: 

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

16 SEC. 1102. EXPANSION AND REAUTHORIZATION OF GRANT 

17 PROGRAM TO ASSURE VOTING ACCESS FOR 

18 INDIVIDUALS WITH DISABILITIES. 

19 (a) PURPOSES OF PAYMENTS.—Section 261(b) of the 

20 Help America Vote Act of 2002 (52 U.S.C. 21021(b)) is 

21 amended by striking paragraphs (1) and (2) and inserting 

22 the following: 

23 ‘‘(1) making absentee voting and voting at 

24 home accessible to individuals with the full range of 


kjohnson on DSK79L0C42 with BILLS
99 

HR 1 PCS

1 disabilities (including impairments involving vision, 

2 hearing, mobility, or dexterity) through the imple3 mentation of accessible absentee voting systems that 

4 work in conjunction with assistive technologies for 

5 which individuals have access at their homes, inde6 pendent living centers, or other facilities; 

7 ‘‘(2) making polling places, including the path 

8 of travel, entrances, exits, and voting areas of each 

9 polling facility, accessible to individuals with disabil10 ities, including the blind and visually impaired, in a 

11 manner that provides the same opportunity for ac12 cess and participation (including privacy and inde13 pendence) as for other voters; and 

14 ‘‘(3) providing solutions to problems of access 

15 to voting and elections for individuals with disabil16 ities that are universally designed and provide the 

17 same opportunities for individuals with and without 

18 disabilities.’’. 

19 (b) REAUTHORIZATION.—Section 264(a) of such Act 

20 (52 U.S.C. 21024(a)) is amended by adding at the end 

21 the following new paragraph: 

22 ‘‘(4) For fiscal year 2020 and each succeeding 

23 fiscal year, such sums as may be necessary to carry 

24 out this part.’’. 


kjohnson on DSK79L0C42 with BILLS
100 

HR 1 PCS

1 (c) PERIOD OF AVAILABILITY OF FUNDS.—Section 

2 264 of such Act (52 U.S.C. 21024) is amended— 

3 (1) in subsection (b), by striking ‘‘Any 

4 amounts’’ and inserting ‘‘Except as provided in sub5 section (b), any amounts’’; and 

6 (2) by adding at the end the following new sub7 section: 

8 ‘‘(c) RETURN AND TRANSFER OF CERTAIN FUNDS.— 

9 ‘‘(1) DEADLINE FOR OBLIGATION AND EXPEND10 ITURE.—In the case of any amounts appropriated 

11 pursuant to the authority of subsection (a) for a 

12 payment to a State or unit of local government for 

13 fiscal year 2020 or any succeeding fiscal year, any 

14 portion of such amounts which have not been obli15 gated or expended by the State or unit of local gov16 ernment prior to the expiration of the 4-year period 

17 which begins on the date the State or unit of local 

18 government first received the amounts shall be 

19 transferred to the Commission. 

20 ‘‘(2) REALLOCATION OF TRANSFERRED

21 AMOUNTS.— 

22 ‘‘(A) IN GENERAL.—The Commission shall 

23 use the amounts transferred under paragraph 

24 (1) to make payments on a pro rata basis to 

25 each covered payment recipient described in 


kjohnson on DSK79L0C42 with BILLS
101 

HR 1 PCS

1 subparagraph (B), which may obligate and ex2 pend such payment for the purposes described 

3 in section 261(b) during the 1-year period 

4 which begins on the date of receipt. 

5 ‘‘(B) COVERED PAYMENT RECIPIENTS DE6 SCRIBED.—In subparagraph (A), a ‘covered 

7 payment recipient’ is a State or unit of local 

8 government with respect to which— 

9 ‘‘(i) amounts were appropriated pur10 suant to the authority of subsection (a); 

11 and 

12 ‘‘(ii) no amounts were transferred to 

13 the Commission under paragraph (1).’’. 

14 SEC. 1103. PILOT PROGRAMS FOR ENABLING INDIVIDUALS 

15 WITH DISABILITIES TO REGISTER TO VOTE 

16 PRIVATELY AND INDEPENDENTLY AT RESI17 DENCES. 

18 (a) ESTABLISHMENT OF PILOT PROGRAMS.—The 

19 Election Assistance Commission (hereafter referred to as 

20 the ‘‘Commission’’) shall, subject to the availability of ap21 propriations to carry out this section, make grants to eligi22 ble States to conduct pilot programs under which individ23 uals with disabilities may use electronic means (including 

24 the Internet and telephones utilizing assistive devices) to 

25 register to vote and to request and receive absentee ballots 


kjohnson on DSK79L0C42 with BILLS
102 

HR 1 PCS

1 in a manner which permits such individuals to do so pri2 vately and independently at their own residences. 

3 (b) REPORTS.— 

4 (1) IN GENERAL.—A State receiving a grant for 

5 a year under this section shall submit a report to the 

6 Commission on the pilot programs the State carried 

7 out with the grant with respect to elections for pub8 lic office held in the State during the year. 

9 (2) DEADLINE.—A State shall submit a report 

10 under paragraph (1) not later than 90 days after 

11 the last election for public office held in the State 

12 during the year. 

13 (c) ELIGIBILITY.—A State is eligible to receive a 

14 grant under this section if the State submits to the Com15 mission, at such time and in such form as the Commission 

16 may require, an application containing such information 

17 and assurances as the Commission may require. 

18 (d) TIMING.—The Commission shall make the first 

19 grants under this section for pilot programs which will be 

20 in effect with respect to elections for Federal office held 

21 in 2020, or, at the option of a State, with respect to other 

22 elections for public office held in the State in 2020. 

23 (e) STATE DEFINED.—In this section, the term 

24 ‘‘State’’ includes the District of Columbia, the Common25 wealth of Puerto Rico, Guam, American Samoa, the 


kjohnson on DSK79L0C42 with BILLS
103 

HR 1 PCS

1 United States Virgin Islands, and the Commonwealth of 

2 the Northern Mariana Islands. 

3 SEC. 1104. GAO ANALYSIS AND REPORT ON VOTING ACCESS 

4 FOR INDIVIDUALS WITH DISABILITIES. 

5 (a) ANALYSIS.—The Comptroller General of the 

6 United States shall conduct an analysis after each regu7 larly scheduled general election for Federal office with re8 spect to the following: 

9 (1) In relation to polling places located in 

10 houses of worship or other facilities that may be ex11 empt from accessibility requirements under the 

12 Americans with Disabilities Act— 

13 (A) efforts to overcome accessibility chal14 lenges posed by such facilities; and 

15 (B) the extent to which such facilities are 

16 used as polling places in elections for Federal 

17 office. 

18 (2) Assistance provided by the Election Assist19 ance Commission, Department of Justice, or other 

20 Federal agencies to help State and local officials im21 prove voting access for individuals with disabilities 

22 during elections for Federal office. 

23 (3) When accessible voting machines are avail24 able at a polling place, the extent to which such ma25 chines— 


kjohnson on DSK79L0C42 with BILLS
104 

HR 1 PCS

1 (A) are located in places that are difficult 

2 to access; 

3 (B) malfunction; or 

4 (C) fail to provide sufficient privacy to en5 sure that the ballot of the individual cannot be 

6 seen by another individual. 

7 (4) The process by which Federal, State, and 

8 local governments track compliance with accessibility 

9 requirements related to voting access, including 

10 methods to receive and address complaints. 

11 (5) The extent to which poll workers receive 

12 training on how to assist individuals with disabil13 ities, including the receipt by such poll workers of 

14 information on legal requirements related to voting 

15 rights for individuals with disabilities. 

16 (6) The extent and effectiveness of training pro17 vided to poll workers on the operation of accessible 

18 voting machines. 

19 (7) The extent to which individuals with a de20 velopmental or psychiatric disability experience 

21 greater barriers to voting, and whether poll worker 

22 training adequately addresses the needs of such indi23 viduals. 


kjohnson on DSK79L0C42 with BILLS
105 

HR 1 PCS

1 (8) The extent to which State or local govern2 ments employ, or attempt to employ, individuals 

3 with disabilities to work at polling sites. 

4 (b) REPORT.— 

5 (1) IN GENERAL.—Not later than 9 months 

6 after the date of a regularly scheduled general elec7 tion for Federal office, the Comptroller General shall 

8 submit to the appropriate congressional committees 

9 a report with respect to the most recent regularly 

10 scheduled general election for Federal office that 

11 contains the following: 

12 (A) The analysis required by subsection 

13 (a). 

14 (B) Recommendations, as appropriate, to 

15 promote the use of best practices used by State 

16 and local officials to address barriers to accessi17 bility and privacy concerns for individuals with 

18 disabilities in elections for Federal office. 

19 (2) APPROPRIATE CONGRESSIONAL COMMIT20 TEES.—For purposes of this subsection, the term 

21 ‘‘appropriate congressional committees’’ means— 

22 (A) the Committee on House Administra23 tion of the House of Representatives; 

24 (B) the Committee on Rules and Adminis25 tration of the Senate; 


kjohnson on DSK79L0C42 with BILLS
106 

HR 1 PCS

1 (C) the Committee on Appropriations of 

2 the House of Representatives; and 

3 (D) the Committee on Appropriations of 

4 the Senate. 

5 Subtitle C—Prohibiting Voter 

6 Caging 

7 SEC. 1201. VOTER CAGING AND OTHER QUESTIONABLE 

8 CHALLENGES PROHIBITED. 

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

10 States Code, as amended by section 1071(a), is amended 

11 by adding at the end the following: 

12 ‘‘§ 613. Voter caging and other questionable chal13 lenges 

14 ‘‘(a) DEFINITIONS.—In this section— 

15 ‘‘(1) the term ‘voter caging document’ means— 

16 ‘‘(A) a nonforwardable document that is 

17 returned to the sender or a third party as unde18 livered or undeliverable despite an attempt to 

19 deliver such document to the address of a reg20 istered voter or applicant; or 

21 ‘‘(B) any document with instructions to an 

22 addressee that the document be returned to the 

23 sender or a third party but is not so returned, 

24 despite an attempt to deliver such document to 

25 the address of a registered voter or applicant, 


kjohnson on DSK79L0C42 with BILLS
107 

HR 1 PCS

1 unless at least two Federal election cycles have 

2 passed since the date of the attempted delivery; 

3 ‘‘(2) the term ‘voter caging list’ means a list of 

4 individuals compiled from voter caging documents; 

5 and 

6 ‘‘(3) the term ‘unverified match list’ means a 

7 list produced by matching the information of reg8 istered voters or applicants for voter registration to 

9 a list of individuals who are ineligible to vote in the 

10 registrar’s jurisdiction, by virtue of death, convic11 tion, change of address, or otherwise; unless one of 

12 the pieces of information matched includes a signa13 ture, photograph, or unique identifying number en14 suring that the information from each source refers 

15 to the same individual. 

16 ‘‘(b) PROHIBITION AGAINST VOTER CAGING.—No 

17 State or local election official shall prevent an individual 

18 from registering or voting in any election for Federal of19 fice, or permit in connection with any election for Federal 

20 office a formal challenge under State law to an individual’s 

21 registration status or eligibility to vote, if the basis for 

22 such decision is evidence consisting of— 

23 ‘‘(1) a voter caging document or voter caging 

24 list; 

25 ‘‘(2) an unverified match list; 


kjohnson on DSK79L0C42 with BILLS
108 

HR 1 PCS

1 ‘‘(3) an error or omission on any record or 

2 paper relating to any application, registration, or 

3 other act requisite to voting, if such error or omis4 sion is not material to an individual’s eligibility to 

5 vote under section 2004 of the Revised Statutes, as 

6 amended (52 U.S.C. 10101(a)(2)(B)); or 

7 ‘‘(4) any other evidence so designated for pur8 poses of this section by the Election Assistance Com9 mission, 

10 except that the election official may use such evidence if 

11 it is corroborated by independent evidence of the individ12 ual’s ineligibility to register or vote. 

13 ‘‘(c) REQUIREMENTS FOR CHALLENGES BY PERSONS

14 OTHER THAN ELECTION OFFICIALS.— 

15 ‘‘(1) REQUIREMENTS FOR CHALLENGES.—No 

16 person, other than a State or local election official, 

17 shall submit a formal challenge to an individual’s eli18 gibility to register to vote in an election for Federal 

19 office or to vote in an election for Federal office un20 less that challenge is supported by personal knowl21 edge regarding the grounds for ineligibility which 

22 is— 

23 ‘‘(A) documented in writing; and 

24 ‘‘(B) subject to an oath or attestation 

25 under penalty of perjury that the challenger has 


kjohnson on DSK79L0C42 with BILLS
109 

HR 1 PCS

1 a good faith factual basis to believe that the in2 dividual who is the subject of the challenge is 

3 ineligible to register to vote or vote in that elec4 tion, except a challenge which is based on the 

5 race, ethnicity, or national origin of the indi6 vidual who is the subject of the challenge may 

7 not be considered to have a good faith factual 

8 basis for purposes of this paragraph. 

9 ‘‘(2) PROHIBITION ON CHALLENGES ON OR

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

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

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

13 to vote in an election for Federal office on Elec14 tion Day, or 

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

16 to register to vote in an election for Federal of17 fice or to vote in an election for Federal office 

18 less than 10 days before the election unless the 

19 individual registered to vote less than 20 days 

20 before the election. 

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

22 Whoever knowingly challenges the eligibility of one or 

23 more individuals to register or vote or knowingly causes 

24 the eligibility of such individuals to be challenged in viola25 tion of this section with the intent that one or more eligiVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
110 

HR 1 PCS

1 ble voters be disqualified, shall be fined under this title 

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

3 violation. Each violation shall be a separate offense. 

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

5 this section is intended to override the protections of the 

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

7 20501 et seq.) or to affect the Voting Rights Act of 1965 

8 (52 U.S.C. 10301 et seq.).’’. 

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

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

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

12 following: 

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

13 SEC. 1202. DEVELOPMENT AND ADOPTION OF BEST PRAC14 TICES FOR PREVENTING VOTER CAGING. 

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

16 the date of the enactment of this Act, the Election Assist17 ance Commission shall develop and publish for the use of 

18 States recommendations for best practices to deter and 

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

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

21 provide for the posting of relevant information at polling 

22 places and voter registration agencies, the training of poll 

23 workers and election officials, and relevant educational 

24 measures. For purposes of this subsection, the term 

25 ‘‘State’’ includes the District of Columbia, the CommonVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
111 

HR 1 PCS

1 wealth of Puerto Rico, Guam, American Samoa, the 

2 United States Virgin Islands, and the Commonwealth of 

3 the Northern Mariana Islands. 

4 (b) INCLUSION IN VOTING INFORMATION REQUIRE5 MENTS.—Section 302(b)(2) of the Help America Vote Act 

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

7 1072(b), is amended— 

8 (1) by striking ‘‘and’’ at the end of subpara9 graph (F); 

10 (2) by striking the period at the end of sub11 paragraph (G) and inserting ‘‘; and’’; and 

12 (3) by adding at the end the following new sub13 paragraph: 

14 ‘‘(H) information relating to the prohibi15 tion against voter caging and other questionable 

16 challenges (as set forth in section 613 of title 

17 18, United States Code), including information 

18 on how individuals may report allegations of 

19 violations of such prohibition.’’. 

20 Subtitle D—Prohibiting Deceptive 

21 Practices and Preventing Voter 

22 Intimidation 

23 SEC. 1301. SHORT TITLE. 

24 This subtitle may be cited as the ‘‘Deceptive Prac25 tices and Voter Intimidation Prevention Act of 2019’’. 


kjohnson on DSK79L0C42 with BILLS
112 

HR 1 PCS

1 SEC. 1302. PROHIBITION ON DECEPTIVE PRACTICES IN 

2 FEDERAL ELECTIONS. 

3 (a) PROHIBITION.—Subsection (b) of section 2004 of 

4 the Revised Statutes (52 U.S.C. 10101(b)) is amended— 

5 (1) by striking ‘‘No person’’ and inserting the 

6 following: 

7 ‘‘(1) IN GENERAL.—No person’’; and 

8 (2) by inserting at the end the following new 

9 paragraphs: 

10 ‘‘(2) FALSE STATEMENTS REGARDING FEDERAL

11 ELECTIONS.— 

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

13 acting under color of law or otherwise, shall, 

14 within 60 days before an election described in 

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

16 means of written, electronic, or telephonic com17 munications, communicate or cause to be com18 municated information described in subpara19 graph (B), or produce information described in 

20 subparagraph (B) with the intent that such in21 formation be communicated, if such person— 

22 ‘‘(i) knows such information to be ma23 terially false; and 

24 ‘‘(ii) has the intent to impede or pre25 vent another person from exercising the 


kjohnson on DSK79L0C42 with BILLS
113 

HR 1 PCS

1 right to vote in an election described in 

2 paragraph (5). 

3 ‘‘(B) INFORMATION DESCRIBED.—Infor4 mation is described in this subparagraph if such 

5 information is regarding— 

6 ‘‘(i) the time, place, or manner of 

7 holding any election described in para8 graph (5); or 

9 ‘‘(ii) the qualifications for or restric10 tions on voter eligibility for any such elec11 tion, including— 

12 ‘‘(I) any criminal penalties asso13 ciated with voting in any such elec14 tion; or 

15 ‘‘(II) information regarding a 

16 voter’s registration status or eligi17 bility. 

18 ‘‘(3) FALSE STATEMENTS REGARDING PUBLIC

19 ENDORSEMENTS.— 

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

21 acting under color of law or otherwise, shall, 

22 within 60 days before an election described in 

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

24 means of written, electronic, or telephonic com25 munications, communicate, or cause to be comVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
114 

HR 1 PCS

1 municated, a materially false statement about 

2 an endorsement, if such person— 

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

4 and 

5 ‘‘(ii) has the intent to impede or pre6 vent another person from exercising the 

7 right to vote in an election described in 

8 paragraph (5). 

9 ‘‘(B) DEFINITION OF ‘MATERIALLY

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

11 statement about an endorsement is ‘materially 

12 false’ if, with respect to an upcoming election 

13 described in paragraph (5)— 

14 ‘‘(i) the statement states that a spe15 cifically named person, political party, or 

16 organization has endorsed the election of a 

17 specific candidate for a Federal office de18 scribed in such paragraph; and 

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

20 organization has not endorsed the election 

21 of such candidate. 

22 ‘‘(4) HINDERING, INTERFERING WITH, OR PRE23 VENTING VOTING OR REGISTERING TO VOTE.—No 

24 person, whether acting under color of law or other25 wise, shall intentionally hinder, interfere with, or 


kjohnson on DSK79L0C42 with BILLS
115 

HR 1 PCS

1 prevent another person from voting, registering to 

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

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

4 ‘‘(5) ELECTION DESCRIBED.—An election de5 scribed in this paragraph is any general, primary, 

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

7 the purpose of nominating or electing a candidate 

8 for the office of President, Vice President, presi9 dential elector, Member of the Senate, Member of 

10 the House of Representatives, or Delegate or Com11 missioner from a Territory or possession.’’. 

12 (b) PRIVATE RIGHT OF ACTION.— 

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

14 2004 of the Revised Statutes (52 U.S.C. 10101(c)) 

15 is amended— 

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

17 and inserting the following: 

18 ‘‘(1) Whenever any person’’; and 

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

20 paragraph: 

21 ‘‘(2) Any person aggrieved by a violation of 

22 subsection (b)(2), (b)(3), or (b)(4) may institute a 

23 civil action for preventive relief, including an appli24 cation in a United States district court for a perma25 nent or temporary injunction, restraining order, or 


kjohnson on DSK79L0C42 with BILLS
116 

HR 1 PCS

1 other order. In any such action, the court, in its dis2 cretion, may allow the prevailing party a reasonable 

3 attorney’s fee as part of the costs.’’. 

4 (2) CONFORMING AMENDMENTS.— 

5 (A) Subsection (e) of section 2004 of the 

6 Revised Statutes (52 U.S.C. 10101(e)) is 

7 amended by striking ‘‘subsection (c)’’ and in8 serting ‘‘subsection (c)(1)’’. 

9 (B) Subsection (g) of section 2004 of the 

10 Revised Statutes (52 U.S.C. 10101(g)) is 

11 amended by striking ‘‘subsection (c)’’ and in12 serting ‘‘subsection (c)(1)’’. 

13 (c) CRIMINAL PENALTIES.— 

14 (1) DECEPTIVE ACTS.—Section 594 of title 18, 

15 United States Code, is amended— 

16 (A) by striking ‘‘Whoever’’ and inserting 

17 the following: 

18 ‘‘(a) INTIMIDATION.—Whoever’’; 

19 (B) in subsection (a), as inserted by sub20 paragraph (A), by striking ‘‘at any election’’ 

21 and inserting ‘‘at any general, primary, run-off, 

22 or special election’’; and 

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

24 subsections: 

25 ‘‘(b) DECEPTIVE ACTS.— 


kjohnson on DSK79L0C42 with BILLS
117 

HR 1 PCS

1 ‘‘(1) FALSE STATEMENTS REGARDING FEDERAL

2 ELECTIONS.— 

3 ‘‘(A) PROHIBITION.—It shall be unlawful 

4 for any person, whether acting under color of 

5 law or otherwise, within 60 days before an elec6 tion described in subsection (e), by any means, 

7 including by means of written, electronic, or tel8 ephonic communications, to communicate or 

9 cause to be communicated information de10 scribed in subparagraph (B), or produce infor11 mation described in subparagraph (B) with the 

12 intent that such information be communicated, 

13 if such person— 

14 ‘‘(i) knows such information to be ma15 terially false; and 

16 ‘‘(ii) has the intent to mislead voters, 

17 or the intent to impede or prevent another 

18 person from exercising the right to vote in 

19 an election described in subsection (e). 

20 ‘‘(B) INFORMATION DESCRIBED.—Infor21 mation is described in this subparagraph if such 

22 information is regarding— 

23 ‘‘(i) the time or place of holding any 

24 election described in subsection (e); or 


kjohnson on DSK79L0C42 with BILLS
118 

HR 1 PCS

1 ‘‘(ii) the qualifications for or restric2 tions on voter eligibility for any such elec3 tion, including— 

4 ‘‘(I) any criminal penalties asso5 ciated with voting in any such elec6 tion; or 

7 ‘‘(II) information regarding a 

8 voter’s registration status or eligi9 bility. 

10 ‘‘(2) PENALTY.—Any person who violates para11 graph (1) shall be fined not more than $100,000, 

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

13 ‘‘(c) HINDERING, INTERFERING WITH, OR PRE14 VENTING VOTING OR REGISTERING TO VOTE.— 

15 ‘‘(1) PROHIBITION.—It shall be unlawful for 

16 any person, whether acting under color of law or 

17 otherwise, to intentionally hinder, interfere with, or 

18 prevent another person from voting, registering to 

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

20 vote in an election described in subsection (e). 

21 ‘‘(2) PENALTY.—Any person who violates para22 graph (1) shall be fined not more than $100,000, 

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

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

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


kjohnson on DSK79L0C42 with BILLS
119 

HR 1 PCS

1 shall be subject to the same penalties as those prescribed 

2 for the offense that the person attempted to commit. 

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

4 in this subsection is any general, primary, run-off, or spe5 cial election held solely or in part for the purpose of nomi6 nating or electing a candidate for the office of President, 

7 Vice President, presidential elector, Member of the Senate, 

8 Member of the House of Representatives, or Delegate or 

9 Commissioner from a Territory or possession.’’. 

10 (2) MODIFICATION OF PENALTY FOR VOTER IN11 TIMIDATION.—Section 594(a) of title 18, United 

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

13 amended by striking ‘‘fined under this title or im14 prisoned not more than one year’’ and inserting 

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

16 more than 5 years’’. 

17 (3) SENTENCING GUIDELINES.— 

18 (A) REVIEW AND AMENDMENT.—Not later 

19 than 180 days after the date of enactment of 

20 this Act, the United States Sentencing Commis21 sion, pursuant to its authority under section 

22 994 of title 28, United States Code, and in ac23 cordance with this section, shall review and, if 

24 appropriate, amend the Federal sentencing 

25 guidelines and policy statements applicable to 


kjohnson on DSK79L0C42 with BILLS
120 

HR 1 PCS

1 persons convicted of any offense under section 

2 594 of title 18, United States Code, as amend3 ed by this section. 

4 (B) AUTHORIZATION.—The United States 

5 Sentencing Commission may amend the Federal 

6 Sentencing Guidelines in accordance with the 

7 procedures set forth in section 21(a) of the Sen8 tencing Act of 1987 (28 U.S.C. 994 note) as 

9 though the authority under that section had not 

10 expired. 

11 (4) PAYMENTS FOR REFRAINING FROM VOT12 ING.—Subsection (c) of section 11 of the Voting 

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

14 by striking ‘‘either for registration to vote or for vot15 ing’’ and inserting ‘‘for registration to vote, for vot16 ing, or for not voting’’. 

17 SEC. 1303. CORRECTIVE ACTION. 

18 (a) CORRECTIVE ACTION.— 

19 (1) IN GENERAL.—If the Attorney General re20 ceives a credible report that materially false informa21 tion has been or is being communicated in violation 

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

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

24 section 1302(a), and if the Attorney General deter25 mines that State and local election officials have not 


kjohnson on DSK79L0C42 with BILLS
121 

HR 1 PCS

1 taken adequate steps to promptly communicate accu2 rate information to correct the materially false infor3 mation, the Attorney General shall, pursuant to the 

4 written procedures and standards under subsection 

5 (b), communicate to the public, by any means, in6 cluding by means of written, electronic, or telephonic 

7 communications, accurate information designed to 

8 correct the materially false information. 

9 (2) COMMUNICATION OF CORRECTIVE INFORMA10 TION.—Any information communicated by the Attor11 ney General under paragraph (1)— 

12 (A) shall— 

13 (i) be accurate and objective; 

14 (ii) consist of only the information 

15 necessary to correct the materially false in16 formation that has been or is being com17 municated; and 

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

19 means that the Attorney General deter20 mines will reach the persons to whom the 

21 materially false information has been or is 

22 being communicated; and 

23 (B) shall not be designed to favor or dis24 favor any particular candidate, organization, or 

25 political party. 


kjohnson on DSK79L0C42 with BILLS
122 

HR 1 PCS

1 (b) WRITTEN PROCEDURES AND STANDARDS FOR

2 TAKING CORRECTIVE ACTION.— 

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

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

5 General shall publish written procedures and stand6 ards for determining when and how corrective action 

7 will be taken under this section. 

8 (2) INCLUSION OF APPROPRIATE DEADLINES.— 

9 The procedures and standards under paragraph (1) 

10 shall include appropriate deadlines, based in part on 

11 the number of days remaining before the upcoming 

12 election. 

13 (3) CONSULTATION.—In developing the proce14 dures and standards under paragraph (1), the Attor15 ney General shall consult with the Election Assist16 ance Commission, State and local election officials, 

17 civil rights organizations, voting rights groups, voter 

18 protection groups, and other interested community 

19 organizations. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to the Attorney General 

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

23 SEC. 1304. REPORTS TO CONGRESS. 

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

25 each general election for Federal office, the Attorney GenVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
123 

HR 1 PCS

1 eral shall submit to Congress a report compiling all allega2 tions received by the Attorney General of deceptive prac3 tices described in paragraphs (2), (3), and (4) of section 

4 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as 

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

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

7 election for Federal office held in the 2 years preceding 

8 the general election. 

9 (b) CONTENTS.— 

10 (1) IN GENERAL.—Each report submitted 

11 under subsection (a) shall include— 

12 (A) a description of each allegation of a 

13 deceptive practice described in subsection (a), 

14 including the geographic location, racial and 

15 ethnic composition, and language minority16 group membership of the persons toward whom 

17 the alleged deceptive practice was directed; 

18 (B) the status of the investigation of each 

19 allegation described in subparagraph (A); 

20 (C) a description of each corrective action 

21 taken by the Attorney General under section 

22 4(a) in response to an allegation described in 

23 subparagraph (A); 


kjohnson on DSK79L0C42 with BILLS
124 

HR 1 PCS

1 (D) a description of each referral of an al2 legation described in subparagraph (A) to other 

3 Federal, State, or local agencies; 

4 (E) to the extent information is available, 

5 a description of any civil action instituted under 

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

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

8 1302(b), in connection with an allegation de9 scribed in subparagraph (A); and 

10 (F) a description of any criminal prosecu11 tion instituted under section 594 of title 18, 

12 United States Code, as amended by section 

13 3(c), in connection with the receipt of an allega14 tion described in subparagraph (A) by the At15 torney General. 

16 (2) EXCLUSION OF CERTAIN INFORMATION.— 

17 (A) IN GENERAL.—The Attorney General 

18 shall not include in a report submitted under 

19 subsection (a) any information protected from 

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

21 Criminal Procedure or any Federal criminal 

22 statute. 

23 (B) EXCLUSION OF CERTAIN OTHER IN24 FORMATION.—The Attorney General may deter25 mine that the following information shall not be 


kjohnson on DSK79L0C42 with BILLS
125 

HR 1 PCS

1 included in a report submitted under subsection 

2 (a): 

3 (i) Any information that is privileged. 

4 (ii) Any information concerning an 

5 ongoing investigation. 

6 (iii) Any information concerning a 

7 criminal or civil proceeding conducted 

8 under seal. 

9 (iv) Any other nonpublic information 

10 that the Attorney General determines the 

11 disclosure of which could reasonably be ex12 pected to infringe on the rights of any in13 dividual or adversely affect the integrity of 

14 a pending or future criminal investigation. 

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

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

17 the Attorney General shall also make the report publicly 

18 available through the Internet and other appropriate 

19 means. 

20 Subtitle E—Democracy Restoration 

21 SEC. 1401. SHORT TITLE. 

22 This subtitle may be cited as the ‘‘Democracy Res23 toration Act of 2019’’. 


kjohnson on DSK79L0C42 with BILLS
126 

HR 1 PCS

1 SEC. 1402. RIGHTS OF CITIZENS. 

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

3 United States to vote in any election for Federal office 

4 shall not be denied or abridged because that individual has 

5 been convicted of a criminal offense unless such individual 

6 is serving a felony sentence in a correctional institution 

7 or facility at the time of the election. 

8 SEC. 1403. ENFORCEMENT. 

9 (a) ATTORNEY GENERAL.—The Attorney General 

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

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

12 (b) PRIVATE RIGHT OF ACTION.— 

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

14 by a violation of this subtitle may provide written 

15 notice of the violation to the chief election official of 

16 the State involved. 

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

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

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

20 within 20 days after receipt of the notice if the viola21 tion occurred within 120 days before the date of an 

22 election for Federal office, the aggrieved person 

23 may, in a civil action, obtain declaratory or injunc24 tive relief with respect to the violation. 

25 (3) EXCEPTION.—If the violation occurred 

26 within 30 days before the date of an election for 


kjohnson on DSK79L0C42 with BILLS
127 

HR 1 PCS

1 Federal office, the aggrieved person need not provide 

2 notice to the chief election official of the State under 

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

4 declaratory or injunctive relief with respect to the 

5 violation. 

6 SEC. 1404. NOTIFICATION OF RESTORATION OF VOTING 

7 RIGHTS. 

8 (a) STATE NOTIFICATION.— 

9 (1) NOTIFICATION.—On the date determined 

10 under paragraph (2), each State shall notify in writ11 ing any individual who has been convicted of a 

12 criminal offense under the law of that State that 

13 such individual has the right to vote in an election 

14 for Federal office pursuant to the Democracy Res15 toration Act of 2019 and may register to vote in any 

16 such election and provide such individual with any 

17 materials that are necessary to register to vote in 

18 any such election. 

19 (2) DATE OF NOTIFICATION.— 

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

21 such an individual who has been convicted of a 

22 felony, the notification required under para23 graph (1) shall be given on the date on which 

24 the individual— 


kjohnson on DSK79L0C42 with BILLS
128 

HR 1 PCS

1 (i) is sentenced to serve only a term 

2 of probation; or 

3 (ii) is released from the custody of 

4 that State (other than to the custody of 

5 another State or the Federal Government 

6 to serve a term of imprisonment for a fel7 ony conviction). 

8 (B) MISDEMEANOR CONVICTION.—In the 

9 case of such an individual who has been con10 victed of a misdemeanor, the notification re11 quired under paragraph (1) shall be given on 

12 the date on which such individual is sentenced 

13 by a State court. 

14 (b) FEDERAL NOTIFICATION.— 

15 (1) NOTIFICATION.—Any individual who has 

16 been convicted of a criminal offense under Federal 

17 law shall be notified in accordance with paragraph 

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

19 election for Federal office pursuant to the Democ20 racy Restoration Act of 2019 and may register to 

21 vote in any such election and provide such individual 

22 with any materials that are necessary to register to 

23 vote in any such election. 

24 (2) DATE OF NOTIFICATION.— 


kjohnson on DSK79L0C42 with BILLS
129 

HR 1 PCS

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

2 such an individual who has been convicted of a 

3 felony, the notification required under para4 graph (1) shall be given— 

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

6 sentenced to serve only a term of proba7 tion, by the Assistant Director for the Of8 fice of Probation and Pretrial Services of 

9 the Administrative Office of the United 

10 States Courts on the date on which the in11 dividual is sentenced; or 

12 (ii) in the case of any individual com13 mitted to the custody of the Bureau of 

14 Prisons, by the Director of the Bureau of 

15 Prisons, during the period beginning on 

16 the date that is 6 months before such indi17 vidual is released and ending on the date 

18 such individual is released from the cus19 tody of the Bureau of Prisons. 

20 (B) MISDEMEANOR CONVICTION.—In the 

21 case of such an individual who has been con22 victed of a misdemeanor, the notification re23 quired under paragraph (1) shall be given on 

24 the date on which such individual is sentenced 

25 by a court established by an Act of Congress. 


kjohnson on DSK79L0C42 with BILLS
130 

HR 1 PCS

1 SEC. 1405. DEFINITIONS. 

2 For purposes of this subtitle: 

3 (1) CORRECTIONAL INSTITUTION OR FACIL4 ITY.—The term ‘‘correctional institution or facility’’ 

5 means any prison, penitentiary, jail, or other institu6 tion or facility for the confinement of individuals 

7 convicted of criminal offenses, whether publicly or 

8 privately operated, except that such term does not 

9 include any residential community treatment center 

10 (or similar public or private facility). 

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

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

13 election; 

14 (B) a convention or caucus of a political 

15 party held to nominate a candidate; 

16 (C) a primary election held for the selec17 tion of delegates to a national nominating con18 vention of a political party; or 

19 (D) a primary election held for the expres20 sion of a preference for the nomination of per21 sons for election to the office of President. 

22 (3) FEDERAL OFFICE.—The term ‘‘Federal of23 fice’’ means the office of President or Vice President 

24 of the United States, or of Senator or Representa25 tive in, or Delegate or Resident Commissioner to, 

26 the Congress of the United States. 


kjohnson on DSK79L0C42 with BILLS
131 

HR 1 PCS

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

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

3 court, with or without a condition on the individual 

4 involved concerning— 

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

6 (B) the payment of damages by the indi7 vidual; 

8 (C) periodic reporting by the individual to 

9 an officer of the court; or 

10 (D) supervision of the individual by an of11 ficer of the court. 

12 SEC. 1406. RELATION TO OTHER LAWS. 

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

14 Nothing in this subtitle be construed to prohibit the States 

15 from enacting any State law which affords the right to 

16 vote in any election for Federal office on terms less restric17 tive than those established by this subtitle. 

18 (b) CERTAIN FEDERAL ACTS.—The rights and rem19 edies established by this subtitle are in addition to all 

20 other rights and remedies provided by law, and neither 

21 rights and remedies established by this Act shall super22 sede, restrict, or limit the application of the Voting Rights 

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

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


kjohnson on DSK79L0C42 with BILLS
132 

HR 1 PCS

1 SEC. 1407. FEDERAL PRISON FUNDS. 

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

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

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

5 funds unless that person has in effect a program under 

6 which each individual incarcerated in that person’s juris7 diction who is a citizen of the United States is notified, 

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

9 rights under section 1402. 

10 SEC. 1408. EFFECTIVE DATE. 

11 This subtitle shall apply to citizens of the United 

12 States voting in any election for Federal office held after 

13 the date of the enactment of this Act. 

14 Subtitle F—Promoting Accuracy, 

15 Integrity, and Security Through 

16 Voter-Verified Permanent Paper 

17 Ballot 

18 SEC. 1501. SHORT TITLE. 

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

20 and Increased Accessibility Act of 2019’’. 

21 SEC. 1502. PAPER BALLOT AND MANUAL COUNTING RE22 QUIREMENTS. 

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

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

25 amended to read as follows: 

26 ‘‘(2) PAPER BALLOT REQUIREMENT.— 


kjohnson on DSK79L0C42 with BILLS
133 

HR 1 PCS

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

2 ‘‘(i) PAPER BALLOT REQUIREMENT.— 

3 (I) The voting system shall require the use 

4 of an individual, durable, voter-verified 

5 paper ballot of the voter’s vote that shall 

6 be marked and made available for inspec7 tion and verification by the voter before 

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

9 which shall be counted by hand or read by 

10 an optical character recognition device or 

11 other counting device. For purposes of this 

12 subclause, the term ‘individual, durable, 

13 voter-verified paper ballot’ means a paper 

14 ballot marked by the voter by hand or a 

15 paper ballot marked through the use of a 

16 nontabulating ballot marking device or sys17 tem, so long as the voter shall have the op18 tion to mark his or her ballot by hand. 

19 ‘‘(II) The voting system shall provide 

20 the voter with an opportunity to correct 

21 any error on the paper ballot before the 

22 permanent voter-verified paper ballot is 

23 preserved in accordance with clause (ii). 

24 ‘‘(III) The voting system shall not 

25 preserve the voter-verified paper ballots in 


kjohnson on DSK79L0C42 with BILLS
134 

HR 1 PCS

1 any manner that makes it possible, at any 

2 time after the ballot has been cast, to asso3 ciate a voter with the record of the voter’s 

4 vote without the voter’s consent. 

5 ‘‘(ii) PRESERVATION AS OFFICIAL

6 RECORD.—The individual, durable, voter7 verified paper ballot used in accordance 

8 with clause (i) shall constitute the official 

9 ballot and shall be preserved and used as 

10 the official ballot for purposes of any re11 count or audit conducted with respect to 

12 any election for Federal office in which the 

13 voting system is used. 

14 ‘‘(iii) MANUAL COUNTING REQUIRE15 MENTS FOR RECOUNTS AND AUDITS.—(I) 

16 Each paper ballot used pursuant to clause 

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

18 and shall be counted by hand in any re19 count or audit conducted with respect to 

20 any election for Federal office. 

21 ‘‘(II) In the event of any inconsist22 encies or irregularities between any elec23 tronic vote tallies and the vote tallies de24 termined by counting by hand the indi25 vidual, durable, voter-verified paper ballots 


kjohnson on DSK79L0C42 with BILLS
135 

HR 1 PCS

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

2 subparagraph (B), the individual, durable, 

3 voter-verified paper ballots shall be the 

4 true and correct record of the votes cast. 

5 ‘‘(iv) APPLICATION TO ALL BAL6 LOTS.—The requirements of this subpara7 graph shall apply to all ballots cast in elec8 tions for Federal office, including ballots 

9 cast by absent uniformed services voters 

10 and overseas voters under the Uniformed 

11 and Overseas Citizens Absentee Voting Act 

12 and other absentee voters. 

13 ‘‘(B) SPECIAL RULE FOR TREATMENT OF

14 DISPUTES WHEN PAPER BALLOTS HAVE BEEN

15 SHOWN TO BE COMPROMISED.— 

16 ‘‘(i) IN GENERAL.—In the event 

17 that— 

18 ‘‘(I) there is any inconsistency 

19 between any electronic vote tallies and 

20 the vote tallies determined by count21 ing by hand the individual, durable, 

22 voter-verified paper ballots used pur23 suant to subparagraph (A)(i) with re24 spect to any election for Federal of25 fice; and 


kjohnson on DSK79L0C42 with BILLS
136 

HR 1 PCS

1 ‘‘(II) it is demonstrated by clear 

2 and convincing evidence (as deter3 mined in accordance with the applica4 ble standards in the jurisdiction in5 volved) in any recount, audit, or con6 test of the result of the election that 

7 the paper ballots have been com8 promised (by damage or mischief or 

9 otherwise) and that a sufficient num10 ber of the ballots have been so com11 promised that the result of the elec12 tion could be changed, 

13 the determination of the appropriate rem14 edy with respect to the election shall be 

15 made in accordance with applicable State 

16 law, except that the electronic tally shall 

17 not be used as the exclusive basis for de18 termining the official certified result. 

19 ‘‘(ii) RULE FOR CONSIDERATION OF

20 BALLOTS ASSOCIATED WITH EACH VOTING

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

22 only the paper ballots deemed com23 promised, if any, shall be considered in the 

24 calculation of whether or not the result of 


kjohnson on DSK79L0C42 with BILLS
137 

HR 1 PCS

1 the election could be changed due to the 

2 compromised paper ballots.’’. 

3 (b) CONFORMING AMENDMENT CLARIFYING APPLI4 CABILITY OF ALTERNATIVE LANGUAGE ACCESSIBILITY.— 

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

6 is amended by inserting ‘‘(including the paper ballots re7 quired to be used under paragraph (2))’’ after ‘‘voting sys8 tem’’. 

9 (c) OTHER CONFORMING AMENDMENTS.—Section 

10 301(a)(1) of such Act (52 U.S.C. 21081(a)(1)) is amend11 ed— 

12 (1) in subparagraph (A)(i), by striking ‘‘count13 ed’’ and inserting ‘‘counted, in accordance with 

14 paragraphs (2) and (3)’’; 

15 (2) in subparagraph (A)(ii), by striking ‘‘count16 ed’’ and inserting ‘‘counted, in accordance with 

17 paragraphs (2) and (3)’’; 

18 (3) in subparagraph (A)(iii), by striking ‘‘count19 ed’’ each place it appears and inserting ‘‘counted, in 

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

21 (4) in subparagraph (B)(ii), by striking ‘‘count22 ed’’ and inserting ‘‘counted, in accordance with 

23 paragraphs (2) and (3)’’. 


kjohnson on DSK79L0C42 with BILLS
138 

HR 1 PCS

1 SEC. 1503. ACCESSIBILITY AND BALLOT VERIFICATION FOR 

2 INDIVIDUALS WITH DISABILITIES. 

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

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

5 amended to read as follows: 

6 ‘‘(B)(i) ensure that individuals with dis7 abilities and others are given an equivalent op8 portunity to vote, including with privacy and 

9 independence, in a manner that produces a 

10 voter-verified paper ballot as for other voters; 

11 ‘‘(ii) satisfy the requirement of subpara12 graph (A) through the use of at least one voting 

13 system equipped for individuals with disabil14 ities, including nonvisual and enhanced visual 

15 accessibility for the blind and visually impaired, 

16 and nonmanual and enhanced manual accessi17 bility for the mobility and dexterity impaired, at 

18 each polling place; and 

19 ‘‘(iii) meet the requirements of subpara20 graph (A) and paragraph (2)(A) by using a sys21 tem that— 

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

23 independently verify the permanent paper 

24 ballot through the presentation, in acces25 sible form, of the printed or marked vote 

26 selections from the same printed or 


kjohnson on DSK79L0C42 with BILLS
139 

HR 1 PCS

1 marked information that would be used for 

2 any vote counting or auditing; and 

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

4 independently verify and cast the perma5 nent paper ballot without requiring the 

6 voter to manually handle the paper bal7 lot;’’. 

8 (b) SPECIFIC REQUIREMENT OF STUDY, TESTING, 

9 AND DEVELOPMENT OF ACCESSIBLE PAPER BALLOT

10 VERIFICATION MECHANISMS.— 

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

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

13 amended— 

14 (A) by redesignating section 247 as section 

15 248; and 

16 (B) by inserting after section 246 the fol17 lowing new section: 

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

19 BALLOT VERIFICATION MECHANISMS. 

20 ‘‘(a) STUDY AND REPORT.—The Director of the Na21 tional Science Foundation shall make grants to not fewer 

22 than 3 eligible entities to study, test, and develop acces23 sible paper ballot voting, verification, and casting mecha24 nisms and devices and best practices to enhance the acces25 sibility of paper ballot voting and verification mechanisms 


kjohnson on DSK79L0C42 with BILLS
140 

HR 1 PCS

1 for individuals with disabilities, for voters whose primary 

2 language is not English, and for voters with difficulties 

3 in literacy, including best practices for the mechanisms 

4 themselves and the processes through which the mecha5 nisms are used. 

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

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

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

9 application containing— 

10 ‘‘(1) certifications that the entity shall specifi11 cally investigate enhanced methods or devices, in12 cluding non-electronic devices, that will assist such 

13 individuals and voters in marking voter-verified 

14 paper ballots and presenting or transmitting the in15 formation printed or marked on such ballots back to 

16 such individuals and voters, and casting such ballots; 

17 ‘‘(2) a certification that the entity shall com18 plete the activities carried out with the grant not 

19 later than December 31, 2020; and 

20 ‘‘(3) such other information and certifications 

21 as the Director may require. 

22 ‘‘(c) AVAILABILITY OF TECHNOLOGY.—Any tech23 nology developed with the grants made under this section 

24 shall be treated as non-proprietary and shall be made 


kjohnson on DSK79L0C42 with BILLS
141 

HR 1 PCS

1 available to the public, including to manufacturers of vot2 ing systems. 

3 ‘‘(d) COORDINATION WITH GRANTS FOR TECH4 NOLOGY IMPROVEMENTS.—The Director shall carry out 

5 this section so that the activities carried out with the 

6 grants made under subsection (a) are coordinated with the 

7 research conducted under the grant program carried out 

8 by the Commission under section 271, to the extent that 

9 the Director and Commission determine necessary to pro10 vide for the advancement of accessible voting technology. 

11 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

12 is authorized to be appropriated to carry out subsection 

13 (a) $5,000,000, to remain available until expended.’’. 

14 (2) CLERICAL AMENDMENT.—The table of con15 tents of such Act is amended— 

16 (A) by redesignating the item relating to 

17 section 247 as relating to section 248; and 

18 (B) by inserting after the item relating to 

19 section 246 the following new item: 

‘‘Sec. 247. Study and report on accessible paper ballot verification mechanisms.’’. 

20 (c) CLARIFICATION OF ACCESSIBILITY STANDARDS

21 UNDER VOLUNTARY VOTING SYSTEM GUIDANCE.—In 

22 adopting any voluntary guidance under subtitle B of title 

23 III of the Help America Vote Act with respect to the ac24 cessibility of the paper ballot verification requirements for 


kjohnson on DSK79L0C42 with BILLS
142 

HR 1 PCS

1 individuals with disabilities, the Election Assistance Com2 mission shall include and apply the same accessibility 

3 standards applicable under the voluntary guidance adopt4 ed for accessible voting systems under such subtitle. 

5 (d) PERMITTING USE OF FUNDS FOR PROTECTION

6 AND ADVOCACY SYSTEMS TO SUPPORT ACTIONS TO EN7 FORCE ELECTION-RELATED DISABILITY ACCESS.—Sec8 tion 292(a) of the Help America Vote Act of 2002 (52 

9 U.S.C. 21062(a)) is amended by striking ‘‘; except that’’ 

10 and all that follows and inserting a period. 

11 SEC. 1504. DURABILITY AND READABILITY REQUIREMENTS 

12 FOR BALLOTS. 

13 Section 301(a) of the Help America Vote Act of 2002 

14 (52 U.S.C. 21081(a)) is amended by adding at the end 

15 the following new paragraph: 

16 ‘‘(7) DURABILITY AND READABILITY REQUIRE17 MENTS FOR BALLOTS.— 

18 ‘‘(A) DURABILITY REQUIREMENTS FOR

19 PAPER BALLOTS.— 

20 ‘‘(i) IN GENERAL.—All voter-verified 

21 paper ballots required to be used under 

22 this Act shall be marked or printed on du23 rable paper. 

24 ‘‘(ii) DEFINITION.—For purposes of 

25 this Act, paper is ‘durable’ if it is capable 


kjohnson on DSK79L0C42 with BILLS
143 

HR 1 PCS

1 of withstanding multiple counts and re2 counts by hand without compromising the 

3 fundamental integrity of the ballots, and 

4 capable of retaining the information 

5 marked or printed on them for the full du6 ration of a retention and preservation pe7 riod of 22 months. 

8 ‘‘(B) READABILITY REQUIREMENTS FOR

9 PAPER BALLOTS MARKED BY BALLOT MARKING

10 DEVICE.—All voter-verified paper ballots com11 pleted by the voter through the use of a ballot 

12 marking device shall be clearly readable by the 

13 voter without assistance (other than eyeglasses 

14 or other personal vision enhancing devices) and 

15 by an optical character recognition device or 

16 other device equipped for individuals with dis17 abilities.’’. 

18 SEC. 1505. PAPER BALLOT PRINTING REQUIREMENTS. 

19 (a) IN GENERAL.—Section 301(a) of the Help Amer20 ica Vote Act of 2002 (52 U.S.C. 21081(a)), as amended 

21 by section 1504, is amended by adding at the end the fol22 lowing new paragraph: 

23 ‘‘(8) PRINTING REQUIREMENTS FOR BAL24 LOTS.—All paper ballots used in an election for Fed25 eral office shall be printed on recycled paper.’’. 


kjohnson on DSK79L0C42 with BILLS
144 

HR 1 PCS

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

2 this section shall apply with respect to elections occurring 

3 on or after January 1, 2021. 

4 SEC. 1506. STUDY AND REPORT ON OPTIMAL BALLOT DE5 SIGN. 

6 (a) STUDY.—The Election Assistance Commission 

7 shall conduct a study of the best ways to design ballots 

8 used in elections for public office, including paper ballots 

9 and electronic or digital ballots, to minimize confusion and 

10 user errors. 

11 (b) REPORT.—Not later than January 1, 2020, the 

12 Election Assistance Commission shall submit to Congress 

13 a report on the study conducted under subsection (a). 

14 SEC. 1507. PAPER BALLOT PRINTING REQUIREMENTS. 

15 Section 301(a) of the Help America Vote Act of 2002 

16 (52 U.S.C. 21081(a)), as amended by section 1504, is 

17 amended by adding at the end the following new para18 graph: 

19 ‘‘(8) PRINTING REQUIREMENTS FOR BAL20 LOTS.—All paper ballots used in an election for Fed21 eral office shall be printed in the United States on 

22 paper manufactured in the United States.’’. 

23 SEC. 1508. EFFECTIVE DATE FOR NEW REQUIREMENTS. 

24 Section 301(d) of the Help America Vote Act of 2002 

25 (52 U.S.C. 21081(d)) is amended to read as follows: 


kjohnson on DSK79L0C42 with BILLS
145 

HR 1 PCS

1 ‘‘(d) EFFECTIVE DATE.— 

2 ‘‘(1) IN GENERAL.—Except as provided in para3 graph (2), each State and jurisdiction shall be re4 quired to comply with the requirements of this sec5 tion on and after January 1, 2006. 

6 ‘‘(2) SPECIAL RULE FOR CERTAIN REQUIRE7 MENTS.— 

8 ‘‘(A) IN GENERAL.—Except as provided in 

9 section 1505(b) of the For the People Act of 

10 2019 and subparagraphs (B) and (C), the re11 quirements of this section which are first im12 posed on a State and jurisdiction pursuant to 

13 the amendments made by the Voter Confidence 

14 and Increased Accessibility Act of 2019 shall 

15 apply with respect to voting systems used for 

16 any election for Federal office held in 2020 or 

17 any succeeding year. 

18 ‘‘(B) DELAY FOR JURISDICTIONS USING

19 CERTAIN PAPER RECORD PRINTERS OR CERTAIN

20 SYSTEMS USING OR PRODUCING VOTER21 VERIFIABLE PAPER RECORDS IN 2018.— 

22 ‘‘(i) DELAY.—In the case of a juris23 diction described in clause (ii), subpara24 graph (A) shall apply to a voting system in 

25 the jurisdiction as if the reference in such 


kjohnson on DSK79L0C42 with BILLS
146 

HR 1 PCS

1 subparagraph to ‘2020’ were a reference to 

2 ‘2022’, but only with respect to the fol3 lowing requirements of this section: 

4 ‘‘(I) Paragraph (2)(A)(i)(I) of 

5 subsection (a) (relating to the use of 

6 voter-verified paper ballots). 

7 ‘‘(II) Paragraph (3)(B)(ii)(I) and 

8 (II) of subsection (a) (relating to ac9 cess to verification from and casting 

10 of the durable paper ballot). 

11 ‘‘(III) Paragraph (7) of sub12 section (a) (relating to durability and 

13 readability requirements for ballots). 

14 ‘‘(ii) JURISDICTIONS DESCRIBED.—A 

15 jurisdiction described in this clause is a ju16 risdiction— 

17 ‘‘(I) which used voter verifiable 

18 paper record printers attached to di19 rect recording electronic voting ma20 chines, or which used other voting 

21 systems that used or produced paper 

22 records of the vote verifiable by voters 

23 but that are not in compliance with 

24 paragraphs (2)(A)(i)(I), (3)(B)(iii)(I) 

25 and (II), and (7) of subsection (a) (as 


kjohnson on DSK79L0C42 with BILLS
147 

HR 1 PCS

1 amended or added by the Voter Con2 fidence and Increased Accessibility 

3 Act of 2019), for the administration 

4 of the regularly scheduled general 

5 election for Federal office held in No6 vember 2018; and 

7 ‘‘(II) which will continue to use 

8 such printers or systems for the ad9 ministration of elections for Federal 

10 office held in years before 2022. 

11 ‘‘(iii) MANDATORY AVAILABILITY OF

12 PAPER BALLOTS AT POLLING PLACES

13 USING GRANDFATHERED PRINTERS AND

14 SYSTEMS.— 

15 ‘‘(I) REQUIRING BALLOTS TO BE

16 OFFERED AND PROVIDED.—The ap17 propriate election official at each poll18 ing place that uses a printer or sys19 tem described in clause (ii)(I) for the 

20 administration of elections for Federal 

21 office shall offer each individual who 

22 is eligible to cast a vote in the election 

23 at the polling place the opportunity to 

24 cast the vote using a blank pre-print25 ed paper ballot which the individual 


kjohnson on DSK79L0C42 with BILLS
148 

HR 1 PCS

1 may mark by hand and which is not 

2 produced by the direct recording elec3 tronic voting machine or other such 

4 system. The official shall provide the 

5 individual with the ballot and the sup6 plies necessary to mark the ballot, and 

7 shall ensure (to the greatest extent 

8 practicable) that the waiting period 

9 for the individual to cast a vote is the 

10 lesser of 30 minutes or the average 

11 waiting period for an individual who 

12 does not agree to cast the vote using 

13 such a paper ballot under this clause. 

14 ‘‘(II) TREATMENT OF BALLOT.— 

15 Any paper ballot which is cast by an 

16 individual under this clause shall be 

17 counted and otherwise treated as a 

18 regular ballot for all purposes (includ19 ing by incorporating it into the final 

20 unofficial vote count (as defined by 

21 the State) for the precinct) and not as 

22 a provisional ballot, unless the indi23 vidual casting the ballot would have 

24 otherwise been required to cast a pro25 visional ballot. 


kjohnson on DSK79L0C42 with BILLS
149 

HR 1 PCS

1 ‘‘(III) POSTING OF NOTICE.— 

2 The appropriate election official shall 

3 ensure there is prominently displayed 

4 at each polling place a notice that de5 scribes the obligation of the official to 

6 offer individuals the opportunity to 

7 cast votes using a pre-printed blank 

8 paper ballot. 

9 ‘‘(IV) TRAINING OF ELECTION

10 OFFICIALS.—The chief State election 

11 official shall ensure that election offi12 cials at polling places in the State are 

13 aware of the requirements of this 

14 clause, including the requirement to 

15 display a notice under subclause (III), 

16 and are aware that it is a violation of 

17 the requirements of this title for an 

18 election official to fail to offer an indi19 vidual the opportunity to cast a vote 

20 using a blank pre-printed paper ballot. 

21 ‘‘(V) PERIOD OF APPLICA22 BILITY.—The requirements of this 

23 clause apply only during the period in 

24 which the delay is in effect under 

25 clause (i). 


kjohnson on DSK79L0C42 with BILLS
150 

HR 1 PCS

1 ‘‘(C) SPECIAL RULE FOR JURISDICTIONS

2 USING CERTAIN NONTABULATING BALLOT

3 MARKING DEVICES.—In the case of a jurisdic4 tion which uses a nontabulating ballot marking 

5 device which automatically deposits the ballot 

6 into a privacy sleeve, subparagraph (A) shall 

7 apply to a voting system in the jurisdiction as 

8 if the reference in such subparagraph to ‘any 

9 election for Federal office held in 2020 or any 

10 succeeding year’ were a reference to ‘elections 

11 for Federal office occurring held in 2022 or 

12 each succeeding year’, but only with respect to 

13 paragraph (3)(B)(iii)(II) of subsection (a) (re14 lating to nonmanual casting of the durable 

15 paper ballot).’’. 

16 Subtitle G—Provisional Ballots 

17 SEC. 1601. REQUIREMENTS FOR COUNTING PROVISIONAL 

18 BALLOTS; ESTABLISHMENT OF UNIFORM AND 

19 NONDISCRIMINATORY STANDARDS. 

20 (a) IN GENERAL.—Section 302 of the Help America 

21 Vote Act of 2002 (52 U.S.C. 21082) is amended— 

22 (1) by redesignating subsection (d) as sub23 section (f); and 

24 (2) by inserting after subsection (c) the fol25 lowing new subsections: 


kjohnson on DSK79L0C42 with BILLS
151 

HR 1 PCS

1 ‘‘(d) STATEWIDE COUNTING OF PROVISIONAL BAL2 LOTS.— 

3 ‘‘(1) IN GENERAL.—For purposes of subsection 

4 (a)(4), notwithstanding the precinct or polling place 

5 at which a provisional ballot is cast within the State, 

6 the appropriate election official shall count each vote 

7 on such ballot for each election in which the indi8 vidual who cast such ballot is eligible to vote. 

9 ‘‘(2) EFFECTIVE DATE.—This subsection shall 

10 apply with respect to elections held on or after Janu11 ary 1, 2020. 

12 ‘‘(e) UNIFORM AND NONDISCRIMINATORY STAND13 ARDS.— 

14 ‘‘(1) IN GENERAL.—Consistent with the re15 quirements of this section, each State shall establish 

16 uniform and nondiscriminatory standards for the 

17 issuance, handling, and counting of provisional bal18 lots. 

19 ‘‘(2) EFFECTIVE DATE.—This subsection shall 

20 apply with respect to elections held on or after Janu21 ary 1, 2020.’’. 

22 (b) CONFORMING AMENDMENT.—Section 302(f) of 

23 such Act (52 U.S.C. 21082(f)), as redesignated by sub24 section (a), is amended by striking ‘‘Each State’’ and inVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
152 

HR 1 PCS

1 serting ‘‘Except as provided in subsections (d)(2) and 

2 (e)(2), each State’’. 

3 Subtitle H—Early Voting 

4 SEC. 1611. EARLY VOTING. 

5 (a) REQUIREMENTS.—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) and section 1101(a), is 

8 amended— 

9 (1) by redesignating sections 306 and 307 as 

10 sections 307 and 308; and 

11 (2) by inserting after section 305 the following 

12 new section: 

13 ‘‘SEC. 306. EARLY VOTING. 

14 ‘‘(a) REQUIRING VOTING PRIOR TO DATE OF ELEC15 TION.— 

16 ‘‘(1) IN GENERAL.—Each State shall allow indi17 viduals to vote in an election for Federal office dur18 ing an early voting period which occurs prior to the 

19 date of the election, in the same manner as voting 

20 is allowed on such date. 

21 ‘‘(2) LENGTH OF PERIOD.—The early voting 

22 period required under this subsection with respect to 

23 an election shall consist of a period of consecutive 

24 days (including weekends) which begins on the 15th 

25 day before the date of the election (or, at the option 


kjohnson on DSK79L0C42 with BILLS
153 

HR 1 PCS

1 of the State, on a day prior to the 15th day before 

2 the date of the election) and ends on the date of the 

3 election. 

4 ‘‘(b) MINIMUM EARLY VOTING REQUIREMENTS.— 

5 Each polling place which allows voting during an early vot6 ing period under subsection (a) shall— 

7 ‘‘(1) allow such voting for no less than 10 hours 

8 on each day; 

9 ‘‘(2) have uniform hours each day for which 

10 such voting occurs; and 

11 ‘‘(3) allow such voting to be held for some pe12 riod of time prior to 9:00 a.m (local time) and some 

13 period of time after 5:00 p.m. (local time). 

14 ‘‘(c) LOCATION OF POLLING PLACES.— 

15 ‘‘(1) PROXIMITY TO PUBLIC TRANSPOR16 TATION.—To the greatest extent practicable, a State 

17 shall ensure that each polling place which allows vot18 ing during an early voting period under subsection 

19 (a) is located within walking distance of a stop on 

20 a public transportation route. 

21 ‘‘(2) AVAILABILITY IN RURAL AREAS.—The 

22 State shall ensure that polling places which allow 

23 voting during an early voting period under sub24 section (a) will be located in rural areas of the State, 

25 and shall ensure that such polling places are located 


kjohnson on DSK79L0C42 with BILLS
154 

HR 1 PCS

1 in communities which will provide the greatest op2 portunity for residents of rural areas to vote during 

3 the early voting period. 

4 ‘‘(d) STANDARDS.— 

5 ‘‘(1) IN GENERAL.—The Commission shall issue 

6 standards for the administration of voting prior to 

7 the day scheduled for a Federal election. Such 

8 standards shall include the nondiscriminatory geo9 graphic placement of polling places at which such 

10 voting occurs. 

11 ‘‘(2) DEVIATION.—The standards described in 

12 paragraph (1) shall permit States, upon providing 

13 adequate public notice, to deviate from any require14 ment in the case of unforeseen circumstances such 

15 as a natural disaster, terrorist attack, or a change 

16 in voter turnout. 

17 ‘‘(e) EFFECTIVE DATE.—This section shall apply 

18 with respect to elections held on or after January 1, 

19 2020.’’. 

20 (b) CONFORMING AMENDMENT RELATING TO

21 ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION AS22 SISTANCE COMMISSION.—Section 311(b) of such Act (52 

23 U.S.C. 21101(b)), as amended by section 1101(b), is 

24 amended— 


kjohnson on DSK79L0C42 with BILLS
155 

HR 1 PCS

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 adding at the end the following new 

6 paragraph: 

7 ‘‘(5) in the case of the recommendations with 

8 respect to section 306, June 30, 2020.’’. 

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

10 of such Act, as amended by section 1031(c) and section 

11 1101(d), is amended— 

12 (1) by redesignating the items relating to sec13 tions 306 and 307 as relating to sections 307 and 

14 308; and 

15 (2) by inserting after the item relating to sec16 tion 305 the following new item: 

‘‘Sec. 306. Early voting.’’. 

17 Subtitle I—Voting by Mail 

18 SEC. 1621. VOTING BY MAIL. 

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

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

21 as amended by section 1031(a), section 1101(a), and sec22 tion 1611(a), is amended— 

23 (1) by redesignating sections 307 and 308 as 

24 sections 308 and 309; and 


kjohnson on DSK79L0C42 with BILLS
156 

HR 1 PCS

1 (2) by inserting after section 306 the following 

2 new section: 

3 ‘‘SEC. 307. PROMOTING ABILITY OF VOTERS TO VOTE BY 

4 MAIL. 

5 ‘‘(a) IN GENERAL.—If an individual in a State is eli6 gible to cast a vote in an election for Federal office, the 

7 State may not impose any additional conditions or require8 ments on the eligibility of the individual to cast the vote 

9 in such election by absentee ballot by mail, except as re10 quired under subsection (b) and except to the extent that 

11 the State imposes a deadline for requesting the ballot and 

12 related voting materials from the appropriate State or 

13 local election official and for returning the ballot to the 

14 appropriate State or local election official. 

15 ‘‘(b) REQUIRING SIGNATURE VERIFICATION.— 

16 ‘‘(1) REQUIREMENT.—A State may not accept 

17 and process an absentee ballot submitted by any in18 dividual with respect to an election for Federal office 

19 unless the State verifies the identification of the in20 dividual by comparing the individual’s signature on 

21 the absentee ballot with the individual’s signature on 

22 the official list of registered voters in the State, in 

23 accordance with such procedures as the State may 

24 adopt (subject to the requirements of paragraph 

25 (2)). 


kjohnson on DSK79L0C42 with BILLS
157 

HR 1 PCS

1 ‘‘(2) DUE PROCESS REQUIREMENTS.— 

2 ‘‘(A) NOTICE AND OPPORTUNITY TO CURE

3 DISCREPANCY.—If an individual submits an ab4 sentee ballot and the appropriate State or local 

5 election official determines that a discrepancy 

6 exists between the signature on such ballot and 

7 the signature of such individual on the official 

8 list of registered voters in the State, such elec9 tion official, prior to making a final determina10 tion as to the validity of such ballot, shall make 

11 a good faith effort to immediately notify such 

12 individual by mail, telephone, and (if available) 

13 electronic mail that— 

14 ‘‘(i) a discrepancy exists between the 

15 signature on such ballot and the signature 

16 of such individual on the official list of reg17 istered voters in the State; 

18 ‘‘(ii) such individual may provide the 

19 official with information to cure such dis20 crepancy, either in person, by telephone, or 

21 by electronic methods; and 

22 ‘‘(iii) if such discrepancy is not cured 

23 prior to the expiration of the 7-day period 

24 which begins on the date of the election, 

25 such ballot will not be counted. 


kjohnson on DSK79L0C42 with BILLS
158 

HR 1 PCS

1 ‘‘(B) OTHER REQUIREMENTS.—An election 

2 official may not make a determination that a 

3 discrepancy exists between the signature on an 

4 absentee ballot and the signature of the indi5 vidual who submits the ballot on the official list 

6 of registered voters in the State unless— 

7 ‘‘(i) at least 2 election officials make 

8 the determination; and 

9 ‘‘(ii) each official who makes the de10 termination has received training in proce11 dures used to verify signatures. 

12 ‘‘(3) REPORT.— 

13 ‘‘(A) IN GENERAL.—Not later than 120 

14 days after the end of a Federal election cycle, 

15 each chief State election official shall submit to 

16 Congress a report containing the following in17 formation for the applicable Federal election 

18 cycle in the State: 

19 ‘‘(i) The number of ballots invalidated 

20 due to a discrepancy under this subsection. 

21 ‘‘(ii) Description of attempts to con22 tact voters to provide notice as required by 

23 this subsection. 

24 ‘‘(iii) Description of the cure process 

25 developed by such State pursuant to this 


kjohnson on DSK79L0C42 with BILLS
159 

HR 1 PCS

1 subsection, including the number of ballots 

2 determined valid as a result of such proc3 ess. 

4 ‘‘(B) FEDERAL ELECTION CYCLE DE5 FINED.—For purposes of this subsection, the 

6 term ‘Federal election cycle’ means the period 

7 beginning on January 1 of any odd numbered 

8 year and ending on December 31 of the fol9 lowing year. 

10 ‘‘(c) DEADLINE FOR PROVIDING BALLOTING MATE11 RIALS.—If an individual requests to vote by absentee bal12 lot in an election for Federal office, the appropriate State 

13 or local election official shall ensure that the ballot and 

14 relating voting materials are received by the individual— 

15 ‘‘(1) not later than 2 weeks before the date of 

16 the election; or 

17 ‘‘(2) in the case of a State which imposes a 

18 deadline for requesting an absentee ballot and re19 lated voting materials which is less than 2 weeks be20 fore the date of the election, as expeditiously as pos21 sible before the date of the election. 

22 ‘‘(d) ACCESSIBILITY FOR INDIVIDUALS WITH DIS23 ABILITIES.—Consistent with section 305, the State shall 

24 ensure that all absentee ballots and related voting mate25 rials in elections for Federal office are accessible to indiVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
160 

HR 1 PCS

1 viduals with disabilities in a manner that provides the 

2 same opportunity for access and participation (including 

3 with privacy and independence) as for other voters. 

4 ‘‘(e) PAYMENT OF POSTAGE ON BALLOTS.—Con5 sistent with regulations of the United States Postal Serv6 ice, the State or the unit of local government responsible 

7 for the administration of an election for Federal office 

8 shall prepay the postage on any ballot in the election which 

9 is cast by mail. 

10 ‘‘(f) UNIFORM DEADLINE FOR ACCEPTANCE OF

11 MAILED BALLOTS.—If a ballot submitted by an individual 

12 by mail with respect to an election for Federal office in 

13 a State is postmarked on or before the date of the election, 

14 the State may not refuse to accept or process the ballot 

15 on the grounds that the individual did not meet a deadline 

16 for returning the ballot to the appropriate State or local 

17 election official. 

18 ‘‘(g) PERMITTING VOTERS TO RETURN BALLOT TO

19 POLLING PLACE ON DATE OF ELECTION.—The State 

20 shall permit an individual to whom a ballot in an election 

21 was provided under this section to cast the ballot on the 

22 date of election by delivering the ballot on that date to 

23 a polling place. 

24 ‘‘(h) NO EFFECT ON BALLOTS SUBMITTED BY AB25 SENT MILITARY AND OVERSEAS VOTERS.—Nothing in 


kjohnson on DSK79L0C42 with BILLS
161 

HR 1 PCS

1 this section may be construed to affect the treatment of 

2 any ballot submitted by an individual who is entitled to 

3 vote by absentee ballot under the Uniformed and Overseas 

4 Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). 

5 ‘‘(i) EFFECTIVE DATE.—This section shall apply 

6 with respect to elections held on or after January 1, 

7 2020.’’. 

8 (b) CONFORMING AMENDMENT RELATING TO

9 ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION AS10 SISTANCE COMMISSION.—Section 311(b) of such Act (52 

11 U.S.C. 21101(b)), as amended by section 1101(b) and sec12 tion 1611(b), is amended— 

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

14 (4); 

15 (2) by striking the period at the end of para16 graph (5) and inserting ‘‘; and’’; and 

17 (3) by adding at the end the following new 

18 paragraph: 

19 ‘‘(6) in the case of the recommendations with 

20 respect to section 307, June 30, 2020.’’. 

21 (c) 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— 


kjohnson on DSK79L0C42 with BILLS
162 

HR 1 PCS

1 (1) by redesignating the items relating to sec2 tions 307 and 308 as relating to sections 308 and 

3 309; and 

4 (2) by inserting after the item relating to sec5 tion 306 the following new item: 

‘‘Sec. 307. Promoting ability of voters to vote by mail.’’. 

6 (d) DEVELOPMENT OF BIOMETRIC VERIFICATION.— 

7 (1) DEVELOPMENT OF STANDARDS.—The Na8 tional Institute of Standards, in consultation with 

9 the Election Assistance Commission, shall develop 

10 standards for the use of biometric methods which 

11 could be used voluntarily in place of the signature 

12 verification requirements of section 307(b) of the 

13 Help America Vote Act of 2002 (as added by sub14 section (a)) for purposes of verifying the identifica15 tion of an individual voting by absentee ballot in 

16 elections for Federal office. 

17 (2) PUBLIC NOTICE AND COMMENT.—The Na18 tional Institute of Standards shall solicit comments 

19 from the public in the development of standards 

20 under paragraph (1). 

21 (3) DEADLINE.—Not later than one year after 

22 the date of the enactment of this Act, the National 

23 Institute of Standards shall publish the standards 

24 developed under paragraph (1). 


kjohnson on DSK79L0C42 with BILLS
163 

HR 1 PCS

1 Subtitle J—Absent Uniformed 

2 Services Voters and Overseas 

3 Voters 

4 SEC. 1701. PRE-ELECTION REPORTS ON AVAILABILITY AND 

5 TRANSMISSION OF ABSENTEE BALLOTS. 

6 Section 102(c) of the Uniformed and Overseas Citi7 zens Absentee Voting Act (52 U.S.C. 20302(c)) is amend8 ed to read as follows: 

9 ‘‘(c) REPORTS ON AVAILABILITY, TRANSMISSION, 

10 AND RECEIPT OF ABSENTEE BALLOTS.— 

11 ‘‘(1) PRE-ELECTION REPORT ON ABSENTEE

12 BALLOT AVAILABILITY.—Not later than 55 days be13 fore any regularly scheduled general election for 

14 Federal office, each State shall submit a report to 

15 the Attorney General, the Election Assistance Com16 mission (hereafter in this subsection referred to as 

17 the ‘Commission’), and the Presidential Designee, 

18 and make that report publicly available that same 

19 day, certifying that absentee ballots for the election 

20 are or will be available for transmission to absent 

21 uniformed services voters and overseas voters by not 

22 later than 45 days before the election. The report 

23 shall be in a form prescribed jointly by the Attorney 

24 General and the Commission and shall require the 

25 State to certify specific information about ballot 


kjohnson on DSK79L0C42 with BILLS
164 

HR 1 PCS

1 availability from each unit of local government which 

2 will administer the election. 

3 ‘‘(2) PRE-ELECTION REPORT ON ABSENTEE

4 BALLOT TRANSMISSION.—Not later than 43 days be5 fore any regularly scheduled general election for 

6 Federal office, each State shall submit a report to 

7 the Attorney General, the Commission, and the 

8 Presidential Designee, and make that report publicly 

9 available that same day, certifying whether all ab10 sentee ballots have been transmitted by not later 

11 than 45 days before the election to all qualified ab12 sent uniformed services and overseas voters whose 

13 requests were received at least 45 days before the 

14 election. The report shall be in a form prescribed 

15 jointly by the Attorney General and the Commission, 

16 and shall require the State to certify specific infor17 mation about ballot transmission, including the total 

18 numbers of ballot requests received and ballots 

19 transmitted, from each unit of local government 

20 which will administer the election. 

21 ‘‘(3) POST-ELECTION REPORT ON NUMBER OF

22 ABSENTEE BALLOTS TRANSMITTED AND RE23 CEIVED.—Not later than 90 days after the date of 

24 each regularly scheduled general election for Federal 

25 office, each State and unit of local government 


kjohnson on DSK79L0C42 with BILLS
165 

HR 1 PCS

1 which administered the election shall (through the 

2 State, in the case of a unit of local government) sub3 mit a report to the Attorney General, the Commis4 sion, and the Presidential Designee on the combined 

5 number of absentee ballots transmitted to absent 

6 uniformed services voters and overseas voters for the 

7 election and the combined number of such ballots 

8 which were returned by such voters and cast in the 

9 election, and shall make such report available to the 

10 general public that same day.’’. 

11 SEC. 1702. ENFORCEMENT. 

12 (a) AVAILABILITY OF CIVIL PENALTIES AND PRI13 VATE RIGHTS OF ACTION.—Section 105 of the Uniformed 

14 and Overseas Citizens Absentee Voting Act (52 U.S.C. 

15 20307) is amended to read as follows: 

16 ‘‘SEC. 105. ENFORCEMENT. 

17 ‘‘(a) ACTION BY ATTORNEY GENERAL.— 

18 ‘‘(1) IN GENERAL.—The Attorney General may 

19 bring civil action in an appropriate district court for 

20 such declaratory or injunctive relief as may be nec21 essary to carry out this title. 

22 ‘‘(2) PENALTY.—In a civil action brought under 

23 paragraph (1), if the court finds that the State vio24 lated any provision of this title, it may, to vindicate 


kjohnson on DSK79L0C42 with BILLS
166 

HR 1 PCS

1 the public interest, assess a civil penalty against the 

2 State— 

3 ‘‘(A) in an amount not to exceed $110,000 

4 for each such violation, in the case of a first 

5 violation; or 

6 ‘‘(B) in an amount not to exceed $220,000 

7 for each such violation, for any subsequent vio8 lation. 

9 ‘‘(3) REPORT TO CONGRESS.—Not later than 

10 December 31 of each year, the Attorney General 

11 shall submit to Congress an annual report on any 

12 civil action brought under paragraph (1) during the 

13 preceding year. 

14 ‘‘(b) PRIVATE RIGHT OF ACTION.—A person who is 

15 aggrieved by a State’s violation of this title may bring a 

16 civil action in an appropriate district court for such declar17 atory or injunctive relief as may be necessary to carry out 

18 this title. 

19 ‘‘(c) STATE AS ONLY NECESSARY DEFENDANT.—In 

20 any action brought under this section, the only necessary 

21 party defendant is the State, and it shall not be a defense 

22 to any such action that a local election official or a unit 

23 of local government is not named as a defendant, notwith24 standing that a State has exercised the authority described 

25 in section 576 of the Military and Overseas Voter EmVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
167 

HR 1 PCS

1 powerment Act to delegate to another jurisdiction in the 

2 State any duty or responsibility which is the subject of 

3 an action brought under this section.’’. 

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

5 this section shall apply with respect to violations alleged 

6 to have occurred on or after the date of the enactment 

7 of this Act. 

8 SEC. 1703. REVISIONS TO 45-DAY ABSENTEE BALLOT 

9 TRANSMISSION RULE. 

10 (a) REPEAL OF WAIVER AUTHORITY.— 

11 (1) IN GENERAL.—Section 102 of the Uni12 formed and Overseas Citizens Absentee Voting Act 

13 (52 U.S.C. 20302) is amended by striking sub14 section (g). 

15 (2) CONFORMING AMENDMENT.—Section 

16 102(a)(8)(A) of such Act (52 U.S.C. 

17 20302(a)(8)(A)) is amended by striking ‘‘except as 

18 provided in subsection (g),’’. 

19 (b) REQUIRING USE OF EXPRESS DELIVERY IN CASE

20 OF FAILURE TO MEET REQUIREMENT.—Section 102 of 

21 such Act (52 U.S.C. 20302), as amended by subsection 

22 (a), is amended by inserting after subsection (f) the fol23 lowing new subsection: 


kjohnson on DSK79L0C42 with BILLS
168 

HR 1 PCS

1 ‘‘(g) REQUIRING USE OF EXPRESS DELIVERY IN

2 CASE OF FAILURE TO TRANSMIT BALLOTS WITHIN

3 DEADLINES.— 

4 ‘‘(1) TRANSMISSION OF BALLOT BY EXPRESS

5 DELIVERY.—If a State fails to meet the requirement 

6 of subsection (a)(8)(A) to transmit a validly re7 quested absentee ballot to an absent uniformed serv8 ices voter or overseas voter not later than 45 days 

9 before the election (in the case in which the request 

10 is received at least 45 days before the election)— 

11 ‘‘(A) the State shall transmit the ballot to 

12 the voter by express delivery; or 

13 ‘‘(B) in the case of a voter who has des14 ignated that absentee ballots be transmitted 

15 electronically in accordance with subsection 

16 (f)(1), the State shall transmit the ballot to the 

17 voter electronically. 

18 ‘‘(2) SPECIAL RULE FOR TRANSMISSION FEWER

19 THAN 40 DAYS BEFORE THE ELECTION.—If, in car20 rying out paragraph (1), a State transmits an ab21 sentee ballot to an absent uniformed services voter 

22 or overseas voter fewer than 40 days before the elec23 tion, the State shall enable the ballot to be returned 

24 by the voter by express delivery, except that in the 

25 case of an absentee ballot of an absent uniformed 


kjohnson on DSK79L0C42 with BILLS
169 

HR 1 PCS

1 services voter for a regularly scheduled general elec2 tion for Federal office, the State may satisfy the re3 quirement of this paragraph by notifying the voter 

4 of the procedures for the collection and delivery of 

5 such ballots under section 103A. 

6 ‘‘(3) PAYMENT FOR USE OF EXPRESS DELIV7 ERY.—The State shall be responsible for the pay8 ment of the costs associated with the use of express 

9 delivery for the transmittal of ballots under this sub10 section.’’. 

11 (c) CLARIFICATION OF TREATMENT OF WEEK12 ENDS.—Section 102(a)(8)(A) of such Act (52 U.S.C. 

13 20302(a)(8)(A)) is amended by striking ‘‘the election;’’ 

14 and inserting the following: ‘‘the election (or, if the 45th 

15 day preceding the election is a weekend or legal public hol16 iday, not later than the most recent weekday which pre17 cedes such 45th day and which is not a legal public holi18 day, but only if the request is received by at least such 

19 most recent weekday);’’. 

20 SEC. 1704. USE OF SINGLE ABSENTEE BALLOT APPLICA21 TION FOR SUBSEQUENT ELECTIONS. 

22 (a) IN GENERAL.—Section 104 of the Uniformed and 

23 Overseas Citizens Absentee Voting Act (52 U.S.C. 20306) 

24 is amended to read as follows: 


kjohnson on DSK79L0C42 with BILLS
170 

HR 1 PCS

1 ‘‘SEC. 104. USE OF SINGLE APPLICATION FOR SUBSEQUENT 

2 ELECTIONS. 

3 ‘‘(a) IN GENERAL.—If a State accepts and processes 

4 an official post card form (prescribed under section 101) 

5 submitted by an absent uniformed services voter or over6 seas voter for simultaneous voter registration and absen7 tee ballot application (in accordance with section 

8 102(a)(4)) and the voter requests that the application be 

9 considered an application for an absentee ballot for each 

10 subsequent election for Federal office held in the State 

11 through the next regularly scheduled general election for 

12 Federal office (including any runoff elections which may 

13 occur as a result of the outcome of such general election), 

14 the State shall provide an absentee ballot to the voter for 

15 each such subsequent election. 

16 ‘‘(b) EXCEPTION FOR VOTERS CHANGING REGISTRA17 TION.—Subsection (a) shall not apply with respect to a 

18 voter registered to vote in a State for any election held 

19 after the voter notifies the State that the voter no longer 

20 wishes to be registered to vote in the State or after the 

21 State determines that the voter has registered to vote in 

22 another State or is otherwise no longer eligible to vote in 

23 the State. 

24 ‘‘(c) PROHIBITION OF REFUSAL OF APPLICATION ON

25 GROUNDS OF EARLY SUBMISSION.—A State may not 

26 refuse to accept or to process, with respect to any election 


kjohnson on DSK79L0C42 with BILLS
171 

HR 1 PCS

1 for Federal office, any otherwise valid voter registration 

2 application or absentee ballot application (including the 

3 postcard form prescribed under section 101) submitted by 

4 an absent uniformed services voter or overseas voter on 

5 the grounds that the voter submitted the application be6 fore the first date on which the State otherwise accepts 

7 or processes such applications for that election which are 

8 submitted by absentee voters who are not members of the 

9 uniformed services or overseas citizens.’’. 

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

11 subsection (a) shall apply with respect to voter registration 

12 and absentee ballot applications which are submitted to 

13 a State or local election official on or after the date of 

14 the enactment of this Act. 

15 SEC. 1705. EXTENDING GUARANTEE OF RESIDENCY FOR 

16 VOTING PURPOSES TO FAMILY MEMBERS OF 

17 ABSENT MILITARY PERSONNEL. 

18 Section 102 of the Uniformed and Overseas Citizens 

19 Absentee Voting Act (52 U.S.C. 20302) is amended by 

20 adding at the end the following new subsection: 

21 ‘‘(j) GUARANTEE OF RESIDENCY FOR SPOUSES AND

22 DEPENDENTS OF ABSENT MEMBERS OF UNIFORMED

23 SERVICE.—For the purposes of voting for in any election 

24 for any Federal office or any State or local office, a spouse 

25 or dependent of an individual who is an absent uniformed 


kjohnson on DSK79L0C42 with BILLS
172 

HR 1 PCS

1 services voter described in subparagraph (A) or (B) of sec2 tion 107(1) shall not, solely by reason of that individual’s 

3 absence and without regard to whether or not such spouse 

4 or dependent is accompanying that individual— 

5 ‘‘(1) be deemed to have lost a residence or 

6 domicile in that State, without regard to whether or 

7 not that individual intends to return to that State; 

8 ‘‘(2) be deemed to have acquired a residence or 

9 domicile in any other State; or 

10 ‘‘(3) be deemed to have become a resident in or 

11 a resident of any other State.’’. 

12 SEC. 1706. EFFECTIVE DATE. 

13 The amendments made by this subtitle shall apply 

14 with respect to elections occurring on or after January 1, 

15 2020. 

16 Subtitle K—Poll Worker 

17 Recruitment and Training 

18 SEC. 1801. GRANTS TO STATES FOR POLL WORKER RE19 CRUITMENT AND TRAINING. 

20 (a) GRANTS BY ELECTION ASSISTANCE COMMIS21 SION.— 

22 (1) IN GENERAL.—The Election Assistance 

23 Commission (hereafter referred to as the ‘‘Commis24 sion’’) shall, subject to the availability of appropria25 tions provided to carry out this section, make a 


kjohnson on DSK79L0C42 with BILLS
173 

HR 1 PCS

1 grant to each eligible State for recruiting and train2 ing individuals to serve as poll workers on dates of 

3 elections for public office. 

4 (2) USE OF COMMISSION MATERIALS.—In car5 rying out activities with a grant provided under this 

6 section, the recipient of the grant shall use the man7 ual prepared by the Commission on successful prac8 tices for poll worker recruiting, training and reten9 tion as an interactive training tool, and shall develop 

10 training programs with the participation and input 

11 of experts in adult learning. 

12 (3) ACCESS AND CULTURAL CONSIDER13 ATIONS.—The Commission shall ensure that the 

14 manual described in paragraph (2) provides training 

15 in methods that will enable poll workers to provide 

16 access and delivery of services in a culturally com17 petent manner to all voters who use their services, 

18 including those with limited English proficiency, di19 verse cultural and ethnic backgrounds, disabilities, 

20 and regardless of gender, sexual orientation, or gen21 der identity. These methods must ensure that each 

22 voter will have access to poll worker services that are 

23 delivered in a manner that meets the unique needs 

24 of the voter. 

25 (b) REQUIREMENTS FOR ELIGIBILITY.— 


kjohnson on DSK79L0C42 with BILLS
174 

HR 1 PCS

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.— 


kjohnson on DSK79L0C42 with BILLS
175 

HR 1 PCS

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. 


kjohnson on DSK79L0C42 with BILLS
176 

HR 1 PCS

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. 


kjohnson on DSK79L0C42 with BILLS
177 

HR 1 PCS

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. 


kjohnson on DSK79L0C42 with BILLS
178 

HR 1 PCS

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. 


kjohnson on DSK79L0C42 with BILLS
179 

HR 1 PCS

1 ‘‘(d) NO EFFECT ON STATE PROCEDURES.—Nothing 

2 in this section may be construed to affect the availability 

3 of the State-based administrative complaint procedures re4 quired under section 402 to any person filing a complaint 

5 under this subsection.’’. 

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

7 this section shall apply with respect to violations occurring 

8 with respect to elections for Federal office held in 2020 

9 or any succeeding year. 

10 Subtitle M—Federal Election 

11 Integrity 

12 SEC. 1821. PROHIBITION ON CAMPAIGN ACTIVITIES BY 

13 CHIEF STATE ELECTION ADMINISTRATION 

14 OFFICIALS. 

15 (a) IN GENERAL.—Title III of the Federal Election 

16 Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is 

17 amended by inserting after section 319 the following new 

18 section: 

19 ‘‘CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION

20 ADMINISTRATION OFFICIALS

21 ‘‘SEC. 319A. (a) PROHIBITION.—It shall be unlawful 

22 for a chief State election administration official to take 

23 an active part in political management or in a political 

24 campaign with respect to any election for Federal office 

25 over which such official has supervisory authority. 


kjohnson on DSK79L0C42 with BILLS
180 

HR 1 PCS

1 ‘‘(b) CHIEF STATE ELECTION ADMINISTRATION OF2 FICIAL.—The term ‘chief State election administration of3 ficial’ means the highest State official with responsibility 

4 for the administration of Federal elections under State 

5 law. 

6 ‘‘(c) ACTIVE PART IN POLITICAL MANAGEMENT OR

7 IN A POLITICAL CAMPAIGN.—The term ‘active part in po8 litical management or in a political campaign’ means— 

9 ‘‘(1) serving as a member of an authorized com10 mittee of a candidate for Federal office; 

11 ‘‘(2) the use of official authority or influence 

12 for the purpose of interfering with or affecting the 

13 result of an election for Federal office; 

14 ‘‘(3) the solicitation, acceptance, or receipt of a 

15 contribution from any person on behalf of a can16 didate for Federal office; and 

17 ‘‘(4) any other act which would be prohibited 

18 under paragraph (2) or (3) of section 7323(b) of 

19 title 5, United States Code, if taken by an individual 

20 to whom such paragraph applies (other than any 

21 prohibition on running for public office). 

22 ‘‘(d) EXCEPTION IN CASE OF RECUSAL FROM AD23 MINISTRATION OF ELECTIONS INVOLVING OFFICIAL OR

24 IMMEDIATE FAMILY MEMBER.— 


kjohnson on DSK79L0C42 with BILLS
181 

HR 1 PCS

1 ‘‘(1) IN GENERAL.—This section does not apply 

2 to a chief State election administration official with 

3 respect to an election for Federal office in which the 

4 official or an immediate family member of the offi5 cial is a candidate, but only if— 

6 ‘‘(A) such official recuses himself or herself 

7 from all of the official’s responsibilities for the 

8 administration of such election; and 

9 ‘‘(B) the official who assumes responsi10 bility for supervising the administration of the 

11 election does not report directly to such official. 

12 ‘‘(2) IMMEDIATE FAMILY MEMBER DEFINED.— 

13 In paragraph (1), the term ‘immediate family mem14 ber’ means, with respect to a candidate, a father, 

15 mother, son, daughter, brother, sister, husband, 

16 wife, father-in-law, or mother-in-law.’’. 

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

18 subsection (a) shall apply with respect to elections for 

19 Federal office held after December 2019. 


kjohnson on DSK79L0C42 with BILLS
182 

HR 1 PCS

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 


kjohnson on DSK79L0C42 with BILLS
183 

HR 1 PCS

1 under the Automatic Voter Registration Act of 

2 2019.’’; and 

3 (2) in paragraph (6)(A), by inserting ‘‘or, in 

4 the case of an institution of higher education, with 

5 each registration of a student for enrollment in a 

6 course of study, including enrollment in a program 

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

8 of the Higher Education Act of 1965 (20 U.S.C. 

9 1003(7)),’’ after ‘‘assistance,’’. 

10 (b) RESPONSIBILITIES OF INSTITUTIONS UNDER

11 HIGHER EDUCATION ACT OF 1965.— 

12 (1) IN GENERAL.—Section 487(a)(23) of the 

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

14 1094(a)(23)) is amended to read as follows: 

15 ‘‘(23)(A)(i) The institution will ensure that an 

16 appropriate staff person or office is designated pub17 licly as a ‘Campus Vote Coordinator’ and will ensure 

18 that such person’s or office’s contact information is 

19 included on the institution’s website. 

20 ‘‘(ii) Not fewer than twice during each calendar 

21 year (beginning with 2020), the Campus Vote Coor22 dinator shall transmit electronically to each student 

23 enrolled in the institution (including students en24 rolled in distance education programs) a message 

25 containing the following information: 


kjohnson on DSK79L0C42 with BILLS
184 

HR 1 PCS

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 

25 operations requests each student registering for enVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00184 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
185 

HR 1 PCS

1 rollment in a course of study, including students 

2 registering for enrollment in a program of distance 

3 education, to affirm whether or not the student is a 

4 United States citizen, the institution will comply 

5 with the applicable requirements for a contributing 

6 agency under the Automatic Voter Registration Act 

7 of 2019. 

8 ‘‘(C) If the institution is not described in sub9 paragraph (B), the institution will comply with the 

10 requirements for a voter registration agency in the 

11 State in which it is located in accordance with sec12 tion 7 of the National Voter Registration Act of 

13 1993 (52 U.S.C. 20506). 

14 ‘‘(D) This paragraph applies only with respect 

15 to an institution which is located in a State to which 

16 section 4(b) of the National Voter Registration Act 

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

18 (2) EFFECTIVE DATE.—The amendments made 

19 by this subsection shall apply with respect to elec20 tions held on or after January 1, 2020. 

21 (c) GRANTS TO INSTITUTIONS DEMONSTRATING EX22 CELLENCE IN STUDENT VOTER REGISTRATION.— 

23 (1) GRANTS AUTHORIZED.—The Secretary of 

24 Education may award competitive grants to public 

25 and private nonprofit institutions of higher eduVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
186 

HR 1 PCS

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. 


kjohnson on DSK79L0C42 with BILLS
187 

HR 1 PCS

1 (D) Inviting candidates to speak on cam2 pus. 

3 (E) Offering rides to students to the polls 

4 to increase voter education, registration, and 

5 mobilization. 

6 (3) AUTHORIZATION OF APPROPRIATIONS.— 

7 There are authorized to be appropriated for fiscal 

8 year 2020 and each succeeding fiscal year such sums 

9 as may be necessary to award grants under this sub10 section. 

11 (d) SENSE OF CONGRESS RELATING TO OPTION OF

12 STUDENTS TO REGISTER IN JURISDICTION OF INSTITU13 TION OF HIGHER EDUCATION OR JURISDICTION OF DOMI14 CILE.—It is the sense of Congress that, as provided under 

15 existing law, students who attend an institution of higher 

16 education and reside in the jurisdiction of the institution 

17 while attending the institution should have the option of 

18 registering to vote in elections for Federal office in that 

19 jurisdiction or in the jurisdiction of their own domicile. 

20 SEC. 1902. MINIMUM NOTIFICATION REQUIREMENTS FOR 

21 VOTERS AFFECTED BY POLLING PLACE 

22 CHANGES. 

23 (a) REQUIREMENTS.—Section 302 of the Help Amer24 ica Vote Act of 2002 (52 U.S.C. 21082), as amended by 

25 section 1601(a), is amended— 


kjohnson on DSK79L0C42 with BILLS
188 

HR 1 PCS

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. 


kjohnson on DSK79L0C42 with BILLS
189 

HR 1 PCS

1 ‘‘(2) EFFECTIVE DATE.—This subsection shall 

2 apply with respect to elections held on or after Janu3 ary 1, 2020.’’. 

4 (b) CONFORMING AMENDMENT.—Section 302(g) of 

5 such Act (52 U.S.C. 21082(g)), as redesignated by sub6 section (a) and as amended by section 1601(b), is amend7 ed by striking ‘‘(d)(2) and (e)(2)’’ and inserting ‘‘(d)(2), 

8 (e)(2), and (f)(2)’’. 

9 SEC. 1903. PERMITTING USE OF SWORN WRITTEN STATE10 MENT TO MEET IDENTIFICATION REQUIRE11 MENTS FOR VOTING. 

12 (a) PERMITTING USE OF STATEMENT.—Title III of 

13 the Help America Vote Act of 2002 (52 U.S.C. 21081 et 

14 seq.) is amended by inserting after section 303 the fol15 lowing new section: 

16 ‘‘SEC. 303A. PERMITTING USE OF SWORN WRITTEN STATE17 MENT TO MEET IDENTIFICATION REQUIRE18 MENTS. 

19 ‘‘(a) USE OF STATEMENT.— 

20 ‘‘(1) IN GENERAL.—Except as provided in sub21 section (c), if a State has in effect a requirement 

22 that an individual present identification as a condi23 tion of receiving and casting a ballot in an election 

24 for Federal office, the State shall permit the indi25 vidual to meet the requirement— 


kjohnson on DSK79L0C42 with BILLS
190 

HR 1 PCS

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 


kjohnson on DSK79L0C42 with BILLS
191 

HR 1 PCS

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); 


kjohnson on DSK79L0C42 with BILLS
192 

HR 1 PCS

1 (2) by striking the period at the end of sub2 paragraph (H) and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following new sub4 paragraph: 

5 ‘‘(I) in the case of a State that has in ef6 fect a requirement that an individual present 

7 identification as a condition of receiving and 

8 casting a ballot in an election for Federal office, 

9 information on how an individual may meet 

10 such requirement by presenting a sworn written 

11 statement in accordance with section 303A.’’. 

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

13 of such Act is amended by inserting after the item relating 

14 to section 303 the following new item: 

‘‘Sec. 303A. Permitting use of sworn written statement to meet identification 

requirements.’’. 

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

16 this section shall apply with respect to elections occurring 

17 on or after the date of the enactment of this Act. 

18 SEC. 1904. POSTAGE-FREE BALLOTS. 

19 (a) IN GENERAL.—Chapter 34 of title 39, United 

20 States Code, is amended by adding after section 3406 the 

21 following: 

22 ‘‘§ 3407. Absentee ballots 

23 ‘‘(a) Any absentee ballot for any election for Federal 

24 office shall be carried expeditiously, with postage prepaid 


kjohnson on DSK79L0C42 with BILLS
193 

HR 1 PCS

1 by the State or unit of local government responsible for 

2 the administration of the election. 

3 ‘‘(b) As used in this section, the term ‘absentee ballot’ 

4 means any ballot transmitted by a voter by mail in an 

5 election for Federal office, but does not include any ballot 

6 covered by section 3406.’’. 

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

8 for chapter 34 of such title is amended by inserting after 

9 the item relating to section 3406 the following: 

‘‘3407. Absentee ballots carried free of postage.’’. 

10 SEC. 1905. REIMBURSEMENT FOR COSTS INCURRED BY 

11 STATES IN ESTABLISHING PROGRAM TO 

12 TRACK AND CONFIRM RECEIPT OF ABSENTEE 

13 BALLOTS. 

14 (a) REIMBURSEMENT.—Subtitle D of title II of the 

15 Help America Vote Act of 2002 (42 U.S.C. 15401 et seq.) 

16 is amended by adding at the end the following new part: 

17 ‘‘PART 7—PAYMENTS TO REIMBURSE STATES 

18 FOR COSTS INCURRED IN ESTABLISHING 

19 PROGRAM TO TRACK AND CONFIRM RE20 CEIPT OF ABSENTEE BALLOTS 

21 ‘‘SEC. 297. PAYMENTS TO STATES. 

22 ‘‘(a) PAYMENTS FOR COSTS OF ESTABLISHING PRO23 GRAM.—In accordance with this section, the Commission 

24 shall make a payment to a State to reimburse the State 

25 for the costs incurred in establishing, if the State so choosVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
194 

HR 1 PCS

1 es to establish, an absentee ballot tracking program with 

2 respect to elections for Federal office held in the State 

3 (including costs incurred prior to the date of the enact4 ment of this part). 

5 ‘‘(b) ABSENTEE BALLOT TRACKING PROGRAM DE6 SCRIBED.— 

7 ‘‘(1) PROGRAM DESCRIBED.— 

8 ‘‘(A) IN GENERAL.—In this part, an ‘ab9 sentee ballot tracking program’ is a program to 

10 track and confirm the receipt of absentee bal11 lots in an election for Federal office under 

12 which the State or local election official respon13 sible for the receipt of voted absentee ballots in 

14 the election carries out procedures to track and 

15 confirm the receipt of such ballots, and makes 

16 information on the receipt of such ballots avail17 able to the individual who cast the ballot, by 

18 means of online access using the Internet site 

19 of the official’s office. 

20 ‘‘(B) INFORMATION ON WHETHER VOTE

21 WAS COUNTED.—The information referred to 

22 under subparagraph (A) with respect to the re23 ceipt of an absentee ballot shall include infor24 mation regarding whether the vote cast on the 


kjohnson on DSK79L0C42 with BILLS
195 

HR 1 PCS

1 ballot was counted, and, in the case of a vote 

2 which was not counted, the reasons therefor. 

3 ‘‘(2) USE OF TOLL-FREE TELEPHONE NUMBER

4 BY OFFICIALS WITHOUT INTERNET SITE.—A pro5 gram established by a State or local election official 

6 whose office does not have an Internet site may 

7 meet the description of a program under paragraph 

8 (1) if the official has established a toll-free telephone 

9 number that may be used by an individual who cast 

10 an absentee ballot to obtain the information on the 

11 receipt of the voted absentee ballot as provided 

12 under such paragraph. 

13 ‘‘(c) CERTIFICATION OF COMPLIANCE AND COSTS.— 

14 ‘‘(1) CERTIFICATION REQUIRED.—In order to 

15 receive a payment under this section, a State shall 

16 submit to the Commission a statement containing— 

17 ‘‘(A) a certification that the State has es18 tablished an absentee ballot tracking program 

19 with respect to elections for Federal office held 

20 in the State; and 

21 ‘‘(B) a statement of the costs incurred by 

22 the State in establishing the program. 

23 ‘‘(2) AMOUNT OF PAYMENT.—The amount of a 

24 payment made to a State under this section shall be 

25 equal to the costs incurred by the State in estabVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
196 

HR 1 PCS

1 lishing the absentee ballot tracking program, as set 

2 forth in the statement submitted under paragraph 

3 (1), except that such amount may not exceed the 

4 product of— 

5 ‘‘(A) the number of jurisdictions in the 

6 State which are responsible for operating the 

7 program; and 

8 ‘‘(B) $3,000. 

9 ‘‘(3) LIMIT ON NUMBER OF PAYMENTS RE10 CEIVED.—A State may not receive more than one 

11 payment under this part. 

12 ‘‘SEC. 297A. AUTHORIZATION OF APPROPRIATIONS. 

13 ‘‘(a) AUTHORIZATION.—There are authorized to be 

14 appropriated to the Commission for fiscal year 2020 and 

15 each succeeding fiscal year such sums as may be necessary 

16 for payments under this part. 

17 ‘‘(b) CONTINUING AVAILABILITY OF FUNDS.—Any 

18 amounts appropriated pursuant to the authorization under 

19 this section shall remain available until expended.’’. 

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

21 of such Act is amended by adding at the end of the items 

22 relating to subtitle D of title II the following: 

‘‘PART 7—PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE

BALLOTS

‘‘Sec. 297. Payments to States. 

‘‘Sec. 297A. Authorization of appropriations.’’. 


kjohnson on DSK79L0C42 with BILLS
197 

HR 1 PCS

1 SEC. 1906. VOTER INFORMATION RESPONSE SYSTEMS AND 

2 HOTLINE. 

3 (a) ESTABLISHMENT AND OPERATION OF SYSTEMS

4 AND SERVICES.— 

5 (1) STATE-BASED RESPONSE SYSTEMS.—The 

6 Attorney General shall coordinate the establishment 

7 of a State-based response system for responding to 

8 questions and complaints from individuals voting or 

9 seeking to vote, or registering to vote or seeking to 

10 register to vote, in elections for Federal office. Such 

11 system shall provide— 

12 (A) State-specific, same-day, and imme13 diate assistance to such individuals, including 

14 information on how to register to vote, the loca15 tion and hours of operation of polling places, 

16 and how to obtain absentee ballots; and 

17 (B) State-specific, same-day, and imme18 diate assistance to individuals encountering 

19 problems with registering to vote or voting, in20 cluding individuals encountering intimidation or 

21 deceptive practices. 

22 (2) HOTLINE.—The Attorney General, in con23 sultation with State election officials, shall establish 

24 and operate a toll-free telephone service, using a 

25 telephone number that is accessible throughout the 

26 United States and that uses easily identifiable nuVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
198 

HR 1 PCS

1 merals, through which individuals throughout the 

2 United States— 

3 (A) may connect directly to the State4 based response system described in paragraph 

5 (1) with respect to the State involved; 

6 (B) may obtain information on voting in 

7 elections for Federal office, including informa8 tion on how to register to vote in such elections, 

9 the locations and hours of operation of polling 

10 places, and how to obtain absentee ballots; and 

11 (C) may report information to the Attor12 ney General on problems encountered in reg13 istering to vote or voting, including incidences 

14 of voter intimidation or suppression. 

15 (3) COLLABORATION WITH STATE AND LOCAL

16 ELECTION OFFICIALS.— 

17 (A) COLLECTION OF INFORMATION FROM

18 STATES.—The Attorney General shall coordi19 nate the collection of information on State and 

20 local election laws and policies, including infor21 mation on the Statewide computerized voter 

22 registration lists maintained under title III of 

23 the Help America Vote Act of 2002, so that in24 dividuals who contact the free telephone service 

25 established under paragraph (2) on the date of 


kjohnson on DSK79L0C42 with BILLS
199 

HR 1 PCS

1 an election for Federal office may receive an 

2 immediate response on that day. 

3 (B) FORWARDING QUESTIONS AND COM4 PLAINTS TO STATES.—If an individual contacts 

5 the free telephone service established under 

6 paragraph (2) on the date of an election for 

7 Federal office with a question or complaint with 

8 respect to a particular State or jurisdiction 

9 within a State, the Attorney General shall for10 ward the question or complaint immediately to 

11 the appropriate election official of the State or 

12 jurisdiction so that the official may answer the 

13 question or remedy the complaint on that date. 

14 (4) CONSULTATION REQUIREMENTS FOR DE15 VELOPMENT OF SYSTEMS AND SERVICES.—The At16 torney General shall ensure that the State-based re17 sponse system under paragraph (1) and the free 

18 telephone service under paragraph (2) are each de19 veloped in consultation with civil rights organiza20 tions, voting rights groups, State and local election 

21 officials, voter protection groups, and other inter22 ested community organizations, especially those that 

23 have experience in the operation of similar systems 

24 and services. 


kjohnson on DSK79L0C42 with BILLS
200 

HR 1 PCS

1 (b) USE OF SERVICE BY INDIVIDUALS WITH DIS2 ABILITIES AND INDIVIDUALS WITH LIMITED ENGLISH

3 LANGUAGE PROFICIENCY.—The Attorney General shall 

4 design and operate the telephone service established under 

5 this section in a manner that ensures that individuals with 

6 disabilities are fully able to use the service, and that as7 sistance is provided in any language in which the State 

8 (or any jurisdiction in the State) is required to provide 

9 election materials under section 203 of the Voting Rights 

10 Act of 1965. 

11 (c) VOTER HOTLINE TASK FORCE.— 

12 (1) APPOINTMENT BY ATTORNEY GENERAL.— 

13 The Attorney General shall appoint individuals (in 

14 such number as the Attorney General considers ap15 propriate but in no event fewer than 3) to serve on 

16 a Voter Hotline Task Force to provide ongoing anal17 ysis and assessment of the operation of the tele18 phone service established under this section, and 

19 shall give special consideration in making appoint20 ments to the Task Force to individuals who rep21 resent civil rights organizations. At least one mem22 ber of the Task Force shall be a representative of 

23 an organization promoting voting rights or civil 

24 rights which has experience in the operation of simi25 lar telephone services or in protecting the rights of 


kjohnson on DSK79L0C42 with BILLS
201 

HR 1 PCS

1 individuals to vote, especially individuals who are 

2 members of racial, ethnic, or linguistic minorities or 

3 of communities who have been adversely affected by 

4 efforts to suppress voting rights. 

5 (2) ELIGIBILITY.—An individual shall be eligi6 ble to serve on the Task Force under this subsection 

7 if the individual meets such criteria as the Attorney 

8 General may establish, except that an individual may 

9 not serve on the task force if the individual has been 

10 convicted of any criminal offense relating to voter in11 timidation or voter suppression. 

12 (3) TERM OF SERVICE.—An individual ap13 pointed to the Task Force shall serve a single term 

14 of 2 years, except that the initial terms of the mem15 bers first appointed to the Task Force shall be stag16 gered so that there are at least 3 individuals serving 

17 on the Task Force during each year. A vacancy in 

18 the membership of the Task Force shall be filled in 

19 the same manner as the original appointment. 

20 (4) NO COMPENSATION FOR SERVICE.—Mem21 bers of the Task Force shall serve without pay, but 

22 shall receive travel expenses, including per diem in 

23 lieu of subsistence, in accordance with applicable 

24 provisions under subchapter I of chapter 57 of title 

25 5, United States Code. 


kjohnson on DSK79L0C42 with BILLS
202 

HR 1 PCS

1 (d) BI-ANNUAL REPORT TO CONGRESS.—Not later 

2 than March 1 of each odd-numbered year, the Attorney 

3 General shall submit a report to Congress on the operation 

4 of the telephone service established under this section dur5 ing the previous 2 years, and shall include in the report— 

6 (1) an enumeration of the number and type of 

7 calls that were received by the service; 

8 (2) a compilation and description of the reports 

9 made to the service by individuals citing instances of 

10 voter intimidation or suppression, together with a 

11 description of any actions taken in response to such 

12 instances of voter intimidation or suppression; 

13 (3) an assessment of the effectiveness of the 

14 service in making information available to all house15 holds in the United States with telephone service; 

16 (4) any recommendations developed by the 

17 Task Force established under subsection (c) with re18 spect to how voting systems may be maintained or 

19 upgraded to better accommodate voters and better 

20 ensure the integrity of elections, including but not 

21 limited to identifying how to eliminate coordinated 

22 voter suppression efforts and how to establish effec23 tive mechanisms for distributing updates on changes 

24 to voting requirements; and 


kjohnson on DSK79L0C42 with BILLS
203 

HR 1 PCS

1 (5) any recommendations on best practices for 

2 the State-based response systems established under 

3 subsection (a)(1). 

4 (e) AUTHORIZATION OF APPROPRIATIONS.— 

5 (1) AUTHORIZATION.—There are authorized to 

6 be appropriated to the Attorney General for fiscal 

7 year 2019 and each succeeding fiscal year such sums 

8 as may be necessary to carry out this section. 

9 (2) SET-ASIDE FOR OUTREACH.—Of the 

10 amounts appropriated to carry out this section for a 

11 fiscal year pursuant to the authorization under para12 graph (1), not less than 15 percent shall be used for 

13 outreach activities to make the public aware of the 

14 availability of the telephone service established under 

15 this section, with an emphasis on outreach to indi16 viduals with disabilities and individuals with limited 

17 proficiency in the English language. 

18 SEC. 1907. LIMITING VARIATIONS ON NUMBER OF HOURS 

19 OF OPERATION FOR POLLING PLACES WITH20 IN A STATE. 

21 (a) LIMITING VARIATIONS.—Subtitle A of title III of 

22 the Help America Vote Act of 2002 (52 U.S.C. 21081 et 

23 seq.), as amended by section 1031(a), section 1101(a), 

24 section 1611(a), and section 1621(a), is amended— 


kjohnson on DSK79L0C42 with BILLS
204 

HR 1 PCS

1 (1) by redesignating sections 308 and 309 as 

2 sections 309 and 310; and 

3 (2) by inserting after section 307 the following 

4 new section: 

5 ‘‘SEC. 308. LIMITING VARIATIONS ON NUMBER OF HOURS 

6 OF OPERATION OF POLLING PLACES WITH A 

7 STATE. 

8 ‘‘(a) LIMITATION.— 

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2) and subsection (b), each State shall estab11 lish hours of operation for all polling places in the 

12 State on the date of any election for Federal office 

13 held in the State such that the polling place with the 

14 greatest number of hours of operation on such date 

15 is not in operation for more than 2 hours longer 

16 than the polling place with the fewest number of 

17 hours of operation on such date. 

18 ‘‘(2) PERMITTING VARIANCE ON BASIS OF POP19 ULATION.—Paragraph (1) does not apply to the ex20 tent that the State establishes variations in the 

21 hours of operation of polling places on the basis of 

22 the overall population or the voting age population 

23 (as the State may select) of the unit of local govern24 ment in which such polling places are located. 


kjohnson on DSK79L0C42 with BILLS
205 

HR 1 PCS

1 ‘‘(b) EXCEPTIONS FOR POLLING PLACES WITH

2 HOURS ESTABLISHED BY UNITS OF LOCAL GOVERN3 MENT.—Subsection (a) does not apply in the case of a 

4 polling place— 

5 ‘‘(1) whose hours of operation are established, 

6 in accordance with State law, by the unit of local 

7 government in which the polling place is located; or 

8 ‘‘(2) which is required pursuant to an order by 

9 a court to extend its hours of operation beyond the 

10 hours otherwise established.’’. 

11 (b) CLERICAL AMENDMENT.—The table of contents 

12 of such Act, as amended by section 1031(c), section 

13 1101(d), section 1611(c), and section 1621(c), is amend14 ed— 

15 (1) by redesignating the items relating to sec16 tions 308 and 309 as relating to sections 309 and 

17 310; and 

18 (2) by inserting after the item relating to sec19 tion 307 the following new item: 

‘‘Sec. 308. Limiting variations on number of hours of operation of polling 

places with a State.’’. 


kjohnson on DSK79L0C42 with BILLS
206 

HR 1 PCS

1 PART 2—IMPROVEMENTS IN OPERATION OF 

2 ELECTION ASSISTANCE COMMISSION 

3 SEC. 1911. REAUTHORIZATION OF ELECTION ASSISTANCE 

4 COMMISSION. 

5 Section 210 of the Help America Vote Act of 2002 

6 (52 U.S.C. 20930) is amended— 

7 (1) by striking ‘‘for each of the fiscal years 

8 2003 through 2005’’ and inserting ‘‘for fiscal year 

9 2019 and each succeeding fiscal year’’; and 

10 (2) by striking ‘‘(but not to exceed $10,000,000 

11 for each such year)’’. 

12 SEC. 1913. REQUIRING STATES TO PARTICIPATE IN POST13 GENERAL ELECTION SURVEYS. 

14 (a) REQUIREMENT.—Title III of the Help America 

15 Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended 

16 by section 1903(a), is further amended by inserting after 

17 section 303A the following new section: 

18 ‘‘SEC. 303B. REQUIRING PARTICIPATION IN POST-GENERAL 

19 ELECTION SURVEYS. 

20 ‘‘(a) REQUIREMENT.—Each State shall furnish to the 

21 Commission such information as the Commission may re22 quest for purposes of conducting any post-election survey 

23 of the States with respect to the administration of a regu24 larly scheduled general election for Federal office. 

25 ‘‘(b) EFFECTIVE DATE.—This section shall apply 

26 with respect to the regularly scheduled general election for 


kjohnson on DSK79L0C42 with BILLS
207 

HR 1 PCS

1 Federal office held in November 2020 and any succeeding 

2 election.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 of such Act, as amended by section 1903(c), is further 

5 amended by inserting after the item relating to section 

6 303A the following new item: 

‘‘Sec. 303B. Requiring participation in post-general election surveys.’’. 

7 SEC. 1914. REPORTS BY NATIONAL INSTITUTE OF STAND8 ARDS AND TECHNOLOGY ON USE OF FUNDS 

9 TRANSFERRED FROM ELECTION ASSISTANCE 

10 COMMISSION. 

11 (a) REQUIRING REPORTS ON USE FUNDS AS CONDI12 TION OF RECEIPT.—Section 231 of the Help America 

13 Vote Act of 2002 (52 U.S.C. 20971) is amended by adding 

14 at the end the following new subsection: 

15 ‘‘(e) REPORT ON USE OF FUNDS TRANSFERRED

16 FROM COMMISSION.—To the extent that funds are trans17 ferred from the Commission to the Director of the Na18 tional Institute of Standards and Technology for purposes 

19 of carrying out this section during any fiscal year, the Di20 rector may not use such funds unless the Director certifies 

21 at the time of transfer that the Director will submit a re22 port to the Commission not later than 90 days after the 

23 end of the fiscal year detailing how the Director used such 

24 funds during the year.’’. 


kjohnson on DSK79L0C42 with BILLS
208 

HR 1 PCS

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

2 subsection (a) shall apply with respect to fiscal year 2020 

3 and each succeeding fiscal year. 

4 SEC. 1915. RECOMMENDATIONS TO IMPROVE OPERATIONS 

5 OF ELECTION ASSISTANCE COMMISSION. 

6 (a) ASSESSMENT OF INFORMATION TECHNOLOGY

7 AND CYBERSECURITY.—Not later than December 31, 

8 2019, the Election Assistance Commission shall carry out 

9 an assessment of the security and effectiveness of the 

10 Commission’s information technology systems, including 

11 the cybersecurity of such systems. 

12 (b) IMPROVEMENTS TO ADMINISTRATIVE COMPLAINT

13 PROCEDURES.— 

14 (1) REVIEW OF PROCEDURES.—The Election 

15 Assistance Commission shall carry out a review of 

16 the effectiveness and efficiency of the State-based 

17 administrative complaint procedures established and 

18 maintained under section 402 of the Help America 

19 Vote Act of 2002 (52 U.S.C. 21112) for the inves20 tigation and resolution of allegations of violations of 

21 title III of such Act. 

22 (2) RECOMMENDATIONS TO STREAMLINE PRO23 CEDURES.—Not later than December 31, 2019, the 

24 Commission shall submit to Congress a report on 

25 the review carried out under paragraph (1), and 


kjohnson on DSK79L0C42 with BILLS
209 

HR 1 PCS

1 shall include in the report such recommendations as 

2 the Commission considers appropriate to streamline 

3 and improve the procedures which are the subject of 

4 the review. 

5 SEC. 1916. REPEAL OF EXEMPTION OF ELECTION ASSIST6 ANCE COMMISSION FROM CERTAIN GOVERN7 MENT CONTRACTING REQUIREMENTS. 

8 (a) IN GENERAL.—Section 205 of the Help America 

9 Vote Act of 2002 (52 U.S.C. 20925) is amended by strik10 ing subsection (e). 

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

12 subsection (a) shall apply with respect to contracts entered 

13 into by the Election Assistance Commission on or after 

14 the date of the enactment of this Act. 

15 PART 3—MISCELLANEOUS PROVISIONS 

16 SEC. 1921. APPLICATION OF LAWS TO COMMONWEALTH OF 

17 NORTHERN MARIANA ISLANDS. 

18 (a) NATIONAL VOTER REGISTRATION ACT OF

19 1993.—Section 3(4) of the National Voter Registration 

20 Act of 1993 (52 U.S.C. 20502(4)) is amended by striking 

21 ‘‘States and the District of Columbia’’ and inserting 

22 ‘‘States, the District of Columbia, and the Commonwealth 

23 of the Northern Mariana Islands’’. 

24 (b) HELP AMERICA VOTE ACT OF 2002.— 


kjohnson on DSK79L0C42 with BILLS
210 

HR 1 PCS

1 (1) COVERAGE OF COMMONWEALTH OF THE

2 NORTHERN MARIANA ISLANDS.—Section 901 of the 

3 Help America Vote Act of 2002 (52 U.S.C. 21141) 

4 is amended by striking ‘‘and the United States Vir5 gin Islands’’ and inserting ‘‘the United States Virgin 

6 Islands, and the Commonwealth of the Northern 

7 Mariana Islands’’. 

8 (2) CONFORMING AMENDMENTS TO HELP

9 AMERICA VOTE ACT OF 2002.—Such Act is further 

10 amended as follows: 

11 (A) The second sentence of section 

12 213(a)(2) (52 U.S.C. 20943(a)(2)) is amended 

13 by striking ‘‘and American Samoa’’ and insert14 ing ‘‘American Samoa, and the Commonwealth 

15 of the Northern Mariana Islands’’. 

16 (B) Section 252(c)(2) (52 U.S.C. 

17 21002(c)(2)) is amended by striking ‘‘or the 

18 United States Virgin Islands’’ and inserting 

19 ‘‘the United States Virgin Islands, or the Com20 monwealth of the Northern Mariana Islands’’. 

21 (3) CONFORMING AMENDMENT RELATING TO

22 CONSULTATION OF HELP AMERICA VOTE FOUNDA23 TION WITH LOCAL ELECTION OFFICIALS.—Section 

24 90102(c) of title 36, United States Code, is amend25 ed by striking ‘‘and the United States Virgin IsVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
211 

HR 1 PCS

1 lands’’ and inserting ‘‘the United States Virgin Is2 lands, and the Commonwealth of the Northern Mar3 iana Islands’’. 

4 (4) EFFECTIVE DATE.—The amendments made 

5 by this subsection shall apply with respect to fiscal 

6 years beginning with the first fiscal year which be7 gins after funds are appropriated to the Common8 wealth of the Northern Mariana Islands pursuant to 

9 the payment under section 2. 

10 SEC. 1922. NO EFFECT ON OTHER LAWS. 

11 (a) IN GENERAL.—Except as specifically provided, 

12 nothing in this title may be construed to authorize or re13 quire conduct prohibited under any of the following laws, 

14 or to supersede, restrict, or limit the application of such 

15 laws: 

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

17 10301 et seq.). 

18 (2) The Voting Accessibility for the Elderly and 

19 Handicapped Act (52 U.S.C. 20101 et seq.). 

20 (3) The Uniformed and Overseas Citizens Ab21 sentee Voting Act (52 U.S.C. 20301 et seq.). 

22 (4) The National Voter Registration Act of 

23 1993 (52 U.S.C. 20501 et seq.). 

24 (5) The Americans with Disabilities Act of 

25 1990 (42 U.S.C. 12101 et seq.). 


kjohnson on DSK79L0C42 with BILLS
212 

HR 1 PCS

1 (6) The Rehabilitation Act of 1973 (29 U.S.C. 

2 701 et seq.). 

3 (b) NO EFFECT ON PRECLEARANCE OR OTHER RE4 QUIREMENTS UNDER VOTING RIGHTS ACT.—The ap5 proval by any person of a payment or grant application 

6 under this title, or any other action taken by any person 

7 under this title, shall not be considered to have any effect 

8 on requirements for preclearance under section 5 of the 

9 Voting Rights Act of 1965 (52 U.S.C. 10304) or any other 

10 requirements of such Act. 

11 (c) NO EFFECT ON AUTHORITY OF STATES TO PRO12 VIDE GREATER OPPORTUNITIES FOR VOTING.—Nothing 

13 in this title or the amendments made by this title may 

14 be construed to prohibit any State from enacting any law 

15 which provides greater opportunities for individuals to reg16 ister to vote and to vote in elections for Federal office than 

17 are provided by this title and the amendments made by 

18 this title. 

19 Subtitle O—Severability 

20 SEC. 1931. SEVERABILITY. 

21 If any provision of this title or amendment made by 

22 this title, or the application of a provision or amendment 

23 to any person or circumstance, is held to be unconstitu24 tional, the remainder of this title and amendments made 

25 by this title, and the application of the provisions and 


kjohnson on DSK79L0C42 with BILLS
213 

HR 1 PCS

1 amendment to any person or circumstance, shall not be 

2 affected by the holding. 

3 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 by independent commission; public notice and input. 

Sec. 2414. Establishment of related entities. 

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

commissions. 

PART 3—ROLE OF COURTS IN DEVELOPMENT OF REDISTRICTING PLANS

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

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

court. 

PART 4—ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

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

Sec. 2432. Civil enforcement. 

Sec. 2433. State apportionment notice defined. 


kjohnson on DSK79L0C42 with BILLS
214 

HR 1 PCS

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. 

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 localVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
215 

HR 1 PCS

1 ities with the most troubling histories and ongoing 

2 records of racial discrimination. 

3 (3) There continues to be an alarming move4 ment to erect barriers to make it more difficult for 

5 Americans to participate in our Nation’s democratic 

6 process. The Nation has witnessed unprecedented ef7 forts to turn back the clock and erect barriers to 

8 voting for communities of color which have faced 

9 historic and continuing discrimination, as well as 

10 disabled, young, elderly, and low-income Americans. 

11 (4) The Supreme Court’s 2013 Shelby County 

12 v. Holder decision gutted decades-long Federal pro13 tections for communities of color that face historic 

14 and continuing discrimination, emboldening States 

15 and local jurisdictions to pass voter suppression laws 

16 and implement procedures, such as those requiring 

17 photo identification, limiting early voting hours, 

18 eliminating same-day registration, purging voters 

19 from the rolls, and reducing the number of polling 

20 places. Congress is committed to reversing the dev21 astating impact of this decision. 

22 (5) Racial discrimination in voting is a clear 

23 and persistent problem. The actions of States and 

24 localities around the country post-Shelby County, in25 cluding at least 10 findings by Federal courts of inVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00215 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
216 

HR 1 PCS

1 tentional discrimination, underscore the need for 

2 Congress to conduct investigatory and evidentiary 

3 hearings to determine the legislation necessary to re4 store the Voting Rights Act and combat continuing 

5 efforts in America that suppress the free exercise of 

6 the franchise in communities of color. 

7 (6) The 2018 midterm election provides further 

8 evidence that systemic voter discrimination and in9 timidation continues to occur in communities of 

10 color across the country, making it clear that democ11 racy reform cannot be achieved until Congress re12 stores key provisions of the Voting Rights Act. 

13 (7) Congress must remain vigilant in protecting 

14 every eligible citizen’s right to vote. Congress should 

15 respond by modernizing the electoral system to— 

16 (A) improve access to the ballot; 

17 (B) enhance the integrity and security of 

18 our voting systems; 

19 (C) ensure greater accountability for the 

20 administration of elections; 

21 (D) restore protections for voters against 

22 practices in States and localities plagued by the 

23 persistence of voter disenfranchisement; and 


kjohnson on DSK79L0C42 with BILLS
217 

HR 1 PCS

1 (E) ensure that Federal civil rights laws 

2 protect the rights of voters against discrimina3 tory and deceptive practices. 

4 Subtitle B—Findings Relating to 

5 Native American Voting Rights 

6 SEC. 2101. FINDINGS RELATING TO NATIVE AMERICAN VOT7 ING RIGHTS. 

8 Congress finds the following: 

9 (1) The right to vote for all Americans is sa10 cred. Congress must fulfill the Federal Government’s 

11 trust responsibility to protect and promote Native 

12 Americans’ exercise of their fundamental right to 

13 vote, including equal access to voter registration vot14 ing mechanisms and locations, and the ability to 

15 serve as election officials. 

16 (2) The Native American Voting Rights Coali17 tion’s four-State survey of voter discrimination 

18 (2016) and nine field hearings in Indian Country 

19 (2017-2018) revealed obstacles that Native Ameri20 cans must overcome, including a lack of accessible 

21 and proximate registration and polling sites, non22 traditional addresses for residents on Indian reserva23 tions, inadequate language assistance for Tribal 

24 members, and voter identification laws that discrimi25 nate against Native Americans. The Department of 


kjohnson on DSK79L0C42 with BILLS
218 

HR 1 PCS

1 Justice and courts have recognized that some juris2 dictions have been unresponsive to reasonable re3 quests from federally recognized Indian Tribes for 

4 more accessible and proximate voter registration 

5 sites and in-person voting locations. 

6 (3) The 2018 elections provide further evidence 

7 that systemic voter discrimination and intimidation 

8 continues to occur in communities of color and Trib9 al lands across the country, making it clear that de10 mocracy reform cannot be achieved until Congress 

11 restores key provisions of the Voting Rights Act and 

12 passes additional protections. 

13 (4) Congress has broad, plenary authority to 

14 enact legislation to safeguard the voting rights of 

15 Native American voters. 

16 (5) Congress must conduct investigatory and 

17 evidentiary hearings to determine the necessary leg18 islation to restore the Voting Rights Act and combat 

19 continuous efforts that suppress the voter franchise 

20 within Tribal lands, to include, but not to be limited 

21 to, the Native American Voting Rights Act 

22 (NAVRA) and the Voting Rights Advancement Act 

23 (VRAA). 


kjohnson on DSK79L0C42 with BILLS
219 

HR 1 PCS

1 Subtitle C—Findings Relating to 

2 District of Columbia Statehood 

3 SEC. 2201. FINDINGS RELATING TO DISTRICT OF COLUMBIA 

4 STATEHOOD. 

5 Congress finds the following: 

6 (1) District of Columbia residents deserve full 

7 congressional voting rights and self-government, 

8 which only statehood can provide. 

9 (2) The 700,000 residents of the District of Co10 lumbia pay more Federal taxes per capita than resi11 dents of any State in the country, yet do not have 

12 full and equal representation in Congress and self13 government. 

14 (3) Since the founding of the United States, the 

15 residents of the District of Columbia have always 

16 carried all the obligations of citizenship, including 

17 serving in all of the Nation’s wars and paying Fed18 eral taxes, all without voting representation on the 

19 floor in either Chamber of Congress or freedom from 

20 congressional interference in purely local matters. 

21 (4) There are no constitutional, historical, fi22 nancial, or economic reasons why the 700,000 Amer23 icans who live in the District of Columbia should not 

24 be granted statehood. 


kjohnson on DSK79L0C42 with BILLS
220 

HR 1 PCS

1 (5) The District of Columbia has a larger popu2 lation than two States, Wyoming and Vermont, and 

3 is close to the population of the seven States that 

4 have a population of under one million fully rep5 resented residents. 

6 (6) The District of Columbia government has 

7 one of the strongest fiscal positions of any jurisdic8 tion in the United States, with a $14.6 billion budg9 et for fiscal year 2019 and a $2.8 billion general 

10 fund balance as of September 30, 2018. 

11 (7) The District of Columbia’s total personal 

12 income is higher than that of seven States, its per 

13 capita personal consumption expenditures is higher 

14 than those of any State, and its total personal con15 sumption expenditures is greater than those of seven 

16 States. 

17 (8) Congress has authority under article IV, 

18 section 3, clause 1, which gives Congress power to 

19 admit new states to the Union, and Article I, Sec20 tion 8, Clause 17, which grants Congress power over 

21 the seat of the Federal Government, to admit the 

22 new State carved out of the residential areas of the 

23 Federal seat of Government, while maintaining as 

24 the Federal seat of Government the United States 

25 Capitol Complex, the principal Federal monuments, 


kjohnson on DSK79L0C42 with BILLS
221 

HR 1 PCS

1 Federal buildings and grounds, the National Mall, 

2 the White House and other Federal property. 

3 Subtitle D—Territorial Voting 

4 Rights 

5 SEC. 2301. FINDINGS RELATING TO TERRITORIAL VOTING 

6 RIGHTS. 

7 Congress finds the following: 

8 (1) The right to vote is one of the most power9 ful instruments residents of the territories of the 

10 United States have to ensure that their voices are 

11 heard. 

12 (2) These Americans have played an important 

13 part in the American democracy for more than 120 

14 years. 

15 (3) Political participation and the right to vote 

16 are among the highest concerns of territorial resi17 dents in part because they were not always afforded 

18 these rights. 

19 (4) Voter participation in the territories consist20 ently ranks higher than many communities on the 

21 mainland. 

22 (5) Territorial residents serve and die, on a per 

23 capita basis, at a higher rate in every United States 

24 war and conflict since WWI, as an expression of 


kjohnson on DSK79L0C42 with BILLS
222 

HR 1 PCS

1 their commitment to American democratic principles 

2 and patriotism. 

3 SEC. 2302. CONGRESSIONAL TASK FORCE ON VOTING 

4 RIGHTS OF UNITED STATES CITIZEN RESI5 DENTS OF TERRITORIES OF THE UNITED 

6 STATES. 

7 (a) ESTABLISHMENT.—There is established within 

8 the legislative branch a Congressional Task Force on Vot9 ing Rights of United States Citizen Residents of Terri10 tories of the United States (in this section referred to as 

11 the ‘‘Task Force’’). 

12 (b) MEMBERSHIP.—The Task Force shall be com13 posed of 12 members as follows: 

14 (1) One Member of the House of Representa15 tives, who shall be appointed by the Speaker of the 

16 House of Representatives, in coordination with the 

17 Chairman of the Committee on Natural Resources of 

18 the House of Representatives. 

19 (2) One Member of the House of Representa20 tives, who shall be appointed by the Speaker of the 

21 House of Representatives, in coordination with the 

22 Chairman of the Committee on the Judiciary of the 

23 House of Representatives. 

24 (3) One Member of the House of Representa25 tives, who shall be appointed by the Speaker of the 


kjohnson on DSK79L0C42 with BILLS
223 

HR 1 PCS

1 House of Representatives, in coordination with the 

2 Chairman of the Committee on House Administra3 tion of the House of Representatives. 

4 (4) One Member of the House of Representa5 tives, who shall be appointed by the Minority Leader 

6 of the House of Representatives, in coordination 

7 with the ranking minority member of the Committee 

8 on Natural Resources of the House of Representa9 tives. 

10 (5) One Member of the House of Representa11 tives, who shall be appointed by the Minority Leader 

12 of the House of Representatives, in coordination 

13 with the ranking minority member of the Committee 

14 on the Judiciary of the House of Representatives. 

15 (6) One Member of the House of Representa16 tives, who shall be appointed by the Minority Leader 

17 of the House of Representatives, in coordination 

18 with the ranking minority member of the Committee 

19 on House Administration of the House of Represent20 atives. 

21 (7) One Member of the Senate, who shall be ap22 pointed by the Majority Leader of the Senate, in co23 ordination with the Chairman of the Committee on 

24 Energy and Natural Resources of the Senate. 


kjohnson on DSK79L0C42 with BILLS
224 

HR 1 PCS

1 (8) One Member of the Senate, who shall be ap2 pointed by the Majority Leader of the Senate, in co3 ordination with the Chairman of the Committee on 

4 the Judiciary of the Senate. 

5 (9) One Member of the Senate, who shall be ap6 pointed by the Majority Leader of the Senate, in co7 ordination with the Chairman of the Committee on 

8 Rules and Administration of the Senate. 

9 (10) One Member of the Senate, who shall be 

10 appointed by the Minority Leader of the Senate, in 

11 coordination with the ranking minority member of 

12 the Committee on Energy and Natural Resources of 

13 the Senate. 

14 (11) One Member of the Senate, who shall be 

15 appointed by the Minority Leader of the Senate, in 

16 coordination with the ranking minority member of 

17 the Committee on the Judiciary of the Senate. 

18 (12) One Member of the Senate, who shall be 

19 appointed by the Minority Leader of the Senate, in 

20 coordination with the ranking minority member of 

21 the Committee on Rules and Administration of the 

22 Senate. 

23 (c) DEADLINE FOR APPOINTMENT.—All appoint24 ments to the Task Force shall be made not later than 30 

25 days after the date of enactment of this Act. 


kjohnson on DSK79L0C42 with BILLS
225 

HR 1 PCS

1 (d) CHAIR.—The Speaker shall designate one Mem2 ber to serve as chair of the Task Force. 

3 (e) VACANCIES.—Any vacancy in the Task Force 

4 shall be filled in the same manner as the original appoint5 ment. 

6 (f) STATUS UPDATE.—Between September 1, 2019, 

7 and September 30, 2019, the Task Force shall provide a 

8 status update to the House of Representatives and the 

9 Senate that includes— 

10 (1) information the Task Force has collected; 

11 and 

12 (2) a discussion on matters that the chairman 

13 of the Task Force deems urgent for consideration by 

14 Congress. 

15 (g) REPORT.—Not later than December 31, 2019, 

16 the Task Force shall issue a report of its findings to the 

17 House of Representatives and the Senate regarding— 

18 (1) the economic and societal consequences 

19 (through statistical data and other metrics) that 

20 come with political disenfranchisement of United 

21 States citizens in territories of the United States; 

22 (2) impediments to full and equal voting rights 

23 for United States citizens who are residents of terri24 tories of the United States in Federal elections, inVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00225 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
226 

HR 1 PCS

1 cluding the election of the President and Vice Presi2 dent of the United States; 

3 (3) impediments to full and equal voting rep4 resentation in the House of Representatives for 

5 United States citizens who are residents of terri6 tories of the United States; 

7 (4) recommended changes that, if adopted, 

8 would allow for full and equal voting rights for 

9 United States citizens who are residents of terri10 tories of the United States in Federal elections, in11 cluding the election of the President and Vice Presi12 dent of the United States; 

13 (5) recommended changes that, if adopted, 

14 would allow for full and equal voting representation 

15 in the House of Representatives for United States 

16 citizens who are residents of territories of the United 

17 States; and 

18 (6) additional information the Task Force 

19 deems appropriate. 

20 (h) CONSENSUS VIEWS.—To the greatest extent 

21 practicable, the report issued under subsection (g) shall 

22 reflect the shared views of all 12 Members, except that 

23 the report may contain dissenting views. 

24 (i) HEARINGS AND SESSIONS.—The Task Force may, 

25 for the purpose of carrying out this section, hold hearings, 


kjohnson on DSK79L0C42 with BILLS
227 

HR 1 PCS

1 sit and act at times and places, take testimony, and re2 ceive evidence as the Task Force considers appropriate. 

3 (j) STAKEHOLDER PARTICIPATION.—In carrying out 

4 its duties, the Task Force shall consult with the govern5 ments of American Samoa, Guam, the Commonwealth of 

6 the Northern Mariana Islands, the Commonwealth of 

7 Puerto Rico, and the United States Virgin Islands. 

8 (k) RESOURCES.—The Task Force shall carry out its 

9 duties by utilizing existing facilities, services, and staff of 

10 the House of Representatives and the Senate. 

11 (l) TERMINATION.—The Task Force shall terminate 

12 upon issuing the report required under subsection (g). 

13 Subtitle E—Redistricting Reform 

14 SEC. 2400. SHORT TITLE; FINDING OF CONSTITUTIONAL AU15 THORITY. 

16 (a) SHORT TITLE.—This subtitle may be cited as the 

17 ‘‘Redistricting Reform Act of 2019’’. 

18 (b) FINDING OF CONSTITUTIONAL AUTHORITY.— 

19 Congress finds that it has the authority to establish the 

20 terms and conditions States must follow in carrying out 

21 congressional redistricting after an apportionment of 

22 Members of the House of Representatives because— 

23 (1) the authority granted to Congress under ar24 ticle I, section 4 of the Constitution of the United 

25 States gives Congress the power to enact laws govVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00227 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
228 

HR 1 PCS

1 erning the time, place, and manner of elections for 

2 Members of the House of Representatives; and 

3 (2) the authority granted to Congress under 

4 section 5 of the fourteenth amendment to the Con5 stitution gives Congress the power to enact laws to 

6 enforce section 2 of such amendment, which requires 

7 Representatives to be apportioned among the several 

8 States according to their number. 

9 PART 1—REQUIREMENTS FOR CONGRESSIONAL 

10 REDISTRICTING 

11 SEC. 2401. REQUIRING CONGRESSIONAL REDISTRICTING 

12 TO BE CONDUCTED THROUGH PLAN OF INDE13 PENDENT STATE COMMISSION. 

14 (a) USE OF PLAN REQUIRED.—Notwithstanding any 

15 other provision of law, and except as provided in sub16 section (c) and subsection (d), any congressional redis17 tricting conducted by a State shall be conducted in accord18 ance with— 

19 (1) the redistricting plan developed and enacted 

20 into law by the independent redistricting commission 

21 established in the State, in accordance with part 2; 

22 or 

23 (2) if a plan developed by such commission is 

24 not enacted into law, the redistricting plan developed 


kjohnson on DSK79L0C42 with BILLS
229 

HR 1 PCS

1 and enacted into law by a 3-judge court, in accord2 ance with section 2421. 

3 (b) CONFORMING AMENDMENT.—Section 22(c) of 

4 the Act entitled ‘‘An Act to provide for the fifteenth and 

5 subsequent decennial censuses and to provide for an ap6 portionment of Representatives in Congress’’, approved 

7 June 18, 1929 (2 U.S.C. 2a(c)), is amended by striking 

8 ‘‘in the manner provided by the law thereof’’ and insert9 ing: ‘‘in the manner provided by the Redistricting Reform 

10 Act of 2019’’. 

11 (c) SPECIAL RULE FOR EXISTING COMMISSIONS.— 

12 Subsection (a) does not apply to any State in which, under 

13 law in effect continuously on and after the date of the 

14 enactment of this Act, congressional redistricting is car15 ried out in accordance with a plan developed and approved 

16 by an independent redistricting commission which is in 

17 compliance with each of the following requirements: 

18 (1) PUBLICLY AVAILABLE APPLICATION PROC19 ESS.—Membership on the commission is open to citi20 zens of the State through a publicly available appli21 cation process. 

22 (2) DISQUALIFICATIONS FOR GOVERNMENT

23 SERVICE AND POLITICAL APPOINTMENT.—Individ24 uals who, for a covered period of time as established 

25 by the State, hold or have held public office, individVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
230 

HR 1 PCS

1 uals who are or have been candidates for elected 

2 public office, and individuals who serve or have 

3 served as an officer, employee, or paid consultant of 

4 a campaign committee of a candidate for public of5 fice are disqualified from serving on the commission. 

6 (3) SCREENING FOR CONFLICTS.—Individuals 

7 who apply to serve on the commission are screened 

8 through a process that excludes persons with con9 flicts of interest from the pool of potential commis10 sioners. 

11 (4) MULTI-PARTISAN COMPOSITION.—Member12 ship on the commission represents those who are af13 filiated with the two political parties whose can14 didates received the most votes in the most recent 

15 Statewide election for Federal office held in the 

16 State, as well as those who are unaffiliated with any 

17 party or who are affiliated with political parties 

18 other than the two political parties whose candidates 

19 received the most votes in the most recent Statewide 

20 election for Federal office held in the State. 

21 (5) CRITERIA FOR REDISTRICTING.—Members 

22 of the commission are required to meet certain cri23 teria in the map drawing process, including mini24 mizing the division of communities of interest and a 

25 ban on drawing maps to favor a political party. 


kjohnson on DSK79L0C42 with BILLS
231 

HR 1 PCS

1 (6) PUBLIC INPUT.—Public hearings are held 

2 and comments from the public are accepted before 

3 a final map is approved. 

4 (7) BROAD-BASED SUPPORT FOR APPROVAL OF

5 FINAL PLAN.—The approval of the final redistricting 

6 plan requires a majority vote of the members of the 

7 commission, including the support of at least one 

8 member of each of the following: 

9 (A) Members who are affiliated with the 

10 political party whose candidate received the 

11 most votes in the most recent Statewide election 

12 for Federal office held in the State. 

13 (B) Members who are affiliated with the 

14 political party whose candidate received the sec15 ond most votes in the most recent Statewide 

16 election for Federal office held in the State. 

17 (C) Members who not affiliated with any 

18 political party or who are affiliated with polit19 ical parties other than the political parties de20 scribed in subparagraphs (A) and (B). 

21 (d) TREATMENT OF STATE OF IOWA.—Subsection (a) 

22 does not apply to the State of Iowa, so long as congres23 sional redistricting in such State is carried out in accord24 ance with a plan developed by the Iowa Legislative Serv25 ices Agency with the assistance of a Temporary RedisVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00231 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
232 

HR 1 PCS

1 tricting Advisory Commission, under law which was in ef2 fect for the most recent congressional redistricting carried 

3 out in the State prior to the date of the enactment of this 

4 Act and which remains in effect continuously on and after 

5 the date of the enactment of this Act. 

6 SEC. 2402. BAN ON MID-DECADE REDISTRICTING. 

7 A State that has been redistricted in accordance with 

8 this subtitle and a State described in section 2401(c) or 

9 section 2401(d) may not be redistricted again until after 

10 the next apportionment of Representatives under section 

11 22(a) of the Act entitled ‘‘An Act to provide for the fif12 teenth and subsequent decennial censuses and to provide 

13 for an apportionment of Representatives in Congress’’, ap14 proved June 18, 1929 (2 U.S.C. 2a), unless a court re15 quires the State to conduct such subsequent redistricting 

16 to comply with the Constitution of the United States, the 

17 Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), the 

18 Constitution of the State, or the terms or conditions of 

19 this subtitle. 

20 PART 2—INDEPENDENT REDISTRICTING 

21 COMMISSIONS 

22 SEC. 2411. INDEPENDENT REDISTRICTING COMMISSION. 

23 (a) APPOINTMENT OF MEMBERS.— 

24 (1) IN GENERAL.—The nonpartisan agency es25 tablished or designated by a State under section 


kjohnson on DSK79L0C42 with BILLS
233 

HR 1 PCS

1 2414(a) shall establish an independent redistricting 

2 commission for the State, which shall consist of 15 

3 members appointed by the agency as follows: 

4 (A) Not later than October 1 of a year 

5 ending in the numeral zero, the agency shall, at 

6 a public meeting held not earlier than 15 days 

7 after notice of the meeting has been given to 

8 the public, first appoint 6 members as follows: 

9 (i) The agency shall appoint 2 mem10 bers on a random basis from the majority 

11 category of the approved selection pool (as 

12 described in section 2412(b)(1)(A)). 

13 (ii) The agency shall appoint 2 mem14 bers on a random basis from the minority 

15 category of the approved selection pool (as 

16 described in section 2412(b)(1)(B)). 

17 (iii) The agency shall appoint 2 mem18 bers on a random basis from the inde19 pendent category of the approved selection 

20 pool (as described in section 

21 2412(b)(1)(C)). 

22 (B) Not later than November 15 of a year 

23 ending in the numeral zero, the members ap24 pointed by the agency under subparagraph (A) 

25 shall, at a public meeting held not earlier than 


kjohnson on DSK79L0C42 with BILLS
234 

HR 1 PCS

1 15 days after notice of the meeting has been 

2 given to the public, then appoint 9 members as 

3 follows: 

4 (i) The members shall appoint 3 mem5 bers from the majority category of the ap6 proved selection pool (as described in sec7 tion 2412(b)(1)(A)). 

8 (ii) The members shall appoint 3 

9 members from the minority category of the 

10 approved selection pool (as described in 

11 section 2412(b)(1)(B)). 

12 (iii) The members shall appoint 3 

13 members from the independent category of 

14 the approved selection pool (as described in 

15 section 2412(b)(1)(C)). 

16 (2) RULES FOR APPOINTMENT OF MEMBERS

17 APPOINTED BY FIRST MEMBERS.— 

18 (A) AFFIRMATIVE VOTE OF AT LEAST 4

19 MEMBERS.—The appointment of any of the 9 

20 members of the independent redistricting com21 mission who are appointed by the first members 

22 of the commission pursuant to subparagraph 

23 (B) of paragraph (1), as well as the designation 

24 of alternates for such members pursuant to 

25 subparagraph (B) of paragraph (3) and the apVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00234 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
235 

HR 1 PCS

1 pointment of alternates to fill vacancies pursu2 ant to subparagraph (B) of paragraph (4), shall 

3 require the affirmative vote of at least 4 of the 

4 members appointed by the nonpartisan agency 

5 under subparagraph (A) of paragraph (1), in6 cluding at least one member from each of the 

7 categories referred to in such subparagraph. 

8 (B) ENSURING DIVERSITY.—In appointing 

9 the 9 members pursuant to subparagraph (B) 

10 of paragraph (1), as well as in designating al11 ternates pursuant to subparagraph (B) of para12 graph (3) and in appointing alternates to fill 

13 vacancies pursuant to subparagraph (B) of 

14 paragraph (4), the first members of the inde15 pendent redistricting commission shall ensure 

16 that the membership is representative of the de17 mographic groups (including racial, ethnic, eco18 nomic, and gender) and geographic regions of 

19 the State, and provides racial, ethnic, and lan20 guage minorities protected under the Voting 

21 Rights Act of 1965 with a meaningful oppor22 tunity to participate in the development of the 

23 State’s redistricting plan. 

24 (3) DESIGNATION OF ALTERNATES TO SERVE

25 IN CASE OF VACANCIES.— 


kjohnson on DSK79L0C42 with BILLS
236 

HR 1 PCS

1 (A) MEMBERS APPOINTED BY AGENCY.— 

2 At the time the agency appoints the members 

3 of the independent redistricting commission 

4 under subparagraph (A) of paragraph (1) from 

5 each of the categories referred to in such sub6 paragraph, the agency shall, on a random basis, 

7 designate 2 other individuals from such cat8 egory to serve as alternate members who may 

9 be appointed to fill vacancies in the commission 

10 in accordance with paragraph (4). 

11 (B) MEMBERS APPOINTED BY FIRST MEM12 BERS.—At the time the members appointed by 

13 the agency appoint the other members of the 

14 independent redistricting commission under 

15 subparagraph (B) of paragraph (1) from each 

16 of the categories referred to in such subpara17 graph, the members shall, in accordance with 

18 the special rules described in paragraph (2), 

19 designate 2 other individuals from such cat20 egory to serve as alternate members who may 

21 be appointed to fill vacancies in the commission 

22 in accordance with paragraph (4). 

23 (4) APPOINTMENT OF ALTERNATES TO SERVE

24 IN CASE OF VACANCIES.— 


kjohnson on DSK79L0C42 with BILLS
237 

HR 1 PCS

1 (A) MEMBERS APPOINTED BY AGENCY.—If 

2 a vacancy occurs in the commission with respect 

3 to a member who was appointed by the non4 partisan agency under subparagraph (A) of 

5 paragraph (1) from one of the categories re6 ferred to in such subparagraph, the agency 

7 shall fill the vacancy by appointing, on a ran8 dom basis, one of the 2 alternates from such 

9 category who was designated under subpara10 graph (A) of paragraph (3). At the time the 

11 agency appoints an alternate to fill a vacancy 

12 under the previous sentence, the agency shall 

13 designate, on a random basis, another indi14 vidual from the same category to serve as an al15 ternate member, in accordance with subpara16 graph (A) of paragraph (3). 

17 (B) MEMBERS APPOINTED BY FIRST MEM18 BERS.—If a vacancy occurs in the commission 

19 with respect to a member who was appointed by 

20 the first members of the commission under sub21 paragraph (B) of paragraph (1) from one of the 

22 categories referred to in such subparagraph, the 

23 first members shall, in accordance with the spe24 cial rules described in paragraph (2), fill the va25 cancy by appointing one of the 2 alternates 


kjohnson on DSK79L0C42 with BILLS
238 

HR 1 PCS

1 from such category who was designated under 

2 subparagraph (B) of paragraph (3). At the time 

3 the first members appoint an alternate to fill a 

4 vacancy under the previous sentence, the first 

5 members shall, in accordance with the special 

6 rules described in paragraph (2), designate an7 other individual from the same category to 

8 serve as an alternate member, in accordance 

9 with subparagraph (B) of paragraph (3). 

10 (5) REMOVAL.—A member of the independent 

11 redistricting commission may be removed by a ma12 jority vote of the remaining members of the commis13 sion if it is shown by a preponderance of the evi14 dence that the member is not eligible to serve on the 

15 commission under section 2412(a). 

16 (b) PROCEDURES FOR CONDUCTING COMMISSION

17 BUSINESS.— 

18 (1) CHAIR.—Members of an independent redis19 tricting commission established under this section 

20 shall select by majority vote one member who was 

21 appointed from the independent category of the ap22 proved selection pool described in section 

23 2412(b)(1)(C) to serve as chair of the commission. 

24 The commission may not take any action to develop 


kjohnson on DSK79L0C42 with BILLS
239 

HR 1 PCS

1 a redistricting plan for the State under section 2413 

2 until the appointment of the commission’s chair. 

3 (2) REQUIRING MAJORITY APPROVAL FOR AC4 TIONS.—The independent redistricting commission 

5 of a State may not publish and disseminate any 

6 draft or final redistricting plan, or take any other 

7 action, without the approval of at least— 

8 (A) a majority of the whole membership of 

9 the commission; and 

10 (B) at least one member of the commission 

11 appointed from each of the categories of the ap12 proved selection pool described in section 

13 2412(b)(1). 

14 (3) QUORUM.—A majority of the members of 

15 the commission shall constitute a quorum. 

16 (c) STAFF; CONTRACTORS.— 

17 (1) STAFF.—Under a public application process 

18 in which all application materials are available for 

19 public inspection, the independent redistricting com20 mission of a State shall appoint and set the pay of 

21 technical experts, legal counsel, consultants, and 

22 such other staff as it considers appropriate, subject 

23 to State law. 

24 (2) CONTRACTORS.—The independent redis25 tricting commission of a State may enter into such 


kjohnson on DSK79L0C42 with BILLS
240 

HR 1 PCS

1 contracts with vendors as it considers appropriate, 

2 subject to State law, except that any such contract 

3 shall be valid only if approved by the vote of a ma4 jority of the members of the commission, including 

5 at least one member appointed from each of the cat6 egories of the approved selection pool described in 

7 section 2412(b)(1). 

8 (3) REPORTS ON EXPENDITURES FOR POLIT9 ICAL ACTIVITY.— 

10 (A) REPORT BY APPLICANTS.—Each indi11 vidual who applies for a position as an employee 

12 of the independent redistricting commission and 

13 each vendor who applies for a contract with the 

14 commission shall, at the time of applying, file 

15 with the commission a report summarizing— 

16 (i) any expenditure for political activ17 ity made by such individual or vendor dur18 ing the 10 most recent calendar years; and 

19 (ii) any income received by such indi20 vidual or vendor during the 10 most recent 

21 calendar years which is attributable to an 

22 expenditure for political activity. 

23 (B) ANNUAL REPORTS BY EMPLOYEES

24 AND VENDORS.—Each person who is an em25 ployee or vendor of the independent redisVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00240 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
241 

HR 1 PCS

1 tricting commission shall, not later than one 

2 year after the person is appointed as an em3 ployee or enters into a contract as a vendor (as 

4 the case may be) and annually thereafter for 

5 each year during which the person serves as an 

6 employee or a vendor, file with the commission 

7 a report summarizing the expenditures and in8 come described in subparagraph (A) during the 

9 10 most recent calendar years. 

10 (C) EXPENDITURE FOR POLITICAL ACTIV11 ITY DEFINED.—In this paragraph, the term 

12 ‘‘expenditure for political activity’’ means a dis13 bursement for any of the following: 

14 (i) An independent expenditure, as de15 fined in section 301(17) of the Federal 

16 Election Campaign Act of 1971 (52 U.S.C. 

17 30101(17)). 

18 (ii) An electioneering communication, 

19 as defined in section 304(f)(3) of such Act 

20 (52 U.S.C. 30104(f)(3)) or any other pub21 lic communication, as defined in section 

22 301(22) of such Act (52 U.S.C. 

23 30101(22)) that would be an electioneering 

24 communication if it were a broadcast, 

25 cable, or satellite communication. 


kjohnson on DSK79L0C42 with BILLS
242 

HR 1 PCS

1 (iii) Any dues or other payments to 

2 trade associations or organizations de3 scribed in section 501(c) of the Internal 

4 Revenue Code of 1986 and exempt from 

5 tax under section 501(a) of such Code that 

6 are, or could reasonably be anticipated to 

7 be, used or transferred to another associa8 tion or organization for a use described in 

9 paragraph (1), (2), or (4) of section 501(c) 

10 of such Code. 

11 (4) GOAL OF IMPARTIALITY.—The commission 

12 shall take such steps as it considers appropriate to 

13 ensure that any staff appointed under this sub14 section, and any vendor with whom the commission 

15 enters into a contract under this subsection, will 

16 work in an impartial manner, and may require any 

17 person who applies for an appointment to a staff po18 sition or for a vendor’s contract with the commission 

19 to provide information on the person’s history of po20 litical activity beyond the information on the per21 son’s expenditures for political activity provided in 

22 the reports required under paragraph (3) (including 

23 donations to candidates, political committees, and 

24 political parties) as a condition of the appointment 

25 or the contract. 


kjohnson on DSK79L0C42 with BILLS
243 

HR 1 PCS

1 (5) DISQUALIFICATION; WAIVER.— 

2 (A) IN GENERAL.—The independent redis3 tricting commission may not appoint an indi4 vidual as an employee, and may not enter into 

5 a contract with a vendor, if the individual or 

6 vendor meets any of the criteria for the dis7 qualification of an individual from serving as a 

8 member of the commission which are set forth 

9 in section 2412(a)(2). 

10 (B) WAIVER.—The commission may by 

11 unanimous vote of its members waive the appli12 cation of subparagraph (A) to an individual or 

13 a vendor after receiving and reviewing the re14 port filed by the individual or vendor under 

15 paragraph (3). 

16 (d) TERMINATION.— 

17 (1) IN GENERAL.—The independent redis18 tricting commission of a State shall terminate on the 

19 earlier of— 

20 (A) June 14 of the next year ending in the 

21 numeral zero; or 

22 (B) the day on which the nonpartisan 

23 agency established or designated by a State 

24 under section 2414(a) has, in accordance with 

25 section 2412(b)(1), submitted a selection pool 


kjohnson on DSK79L0C42 with BILLS
244 

HR 1 PCS

1 to the Select Committee on Redistricting for the 

2 State established under section 2414(b). 

3 (2) PRESERVATION OF RECORDS.—The State 

4 shall ensure that the records of the independent re5 districting commission are retained in the appro6 priate State archive in such manner as may be nec7 essary to enable the State to respond to any civil ac8 tion brought with respect to congressional redis9 tricting in the State. 

10 SEC. 2412. ESTABLISHMENT OF SELECTION POOL OF INDI11 VIDUALS ELIGIBLE TO SERVE AS MEMBERS 

12 OF COMMISSION. 

13 (a) CRITERIA FOR ELIGIBILITY.— 

14 (1) IN GENERAL.—An individual is eligible to 

15 serve as a member of an independent redistricting 

16 commission if the individual meets each of the fol17 lowing criteria: 

18 (A) As of the date of appointment, the in19 dividual is registered to vote in elections for 

20 Federal office held in the State. 

21 (B) During the 3-year period ending on 

22 the date of the individual’s appointment, the in23 dividual has been continuously registered to 

24 vote with the same political party, or has not 

25 been registered to vote with any political party. 


kjohnson on DSK79L0C42 with BILLS
245 

HR 1 PCS

1 (C) The individual submits to the non2 partisan agency established or designated by a 

3 State under section 2413, at such time and in 

4 such form as the agency may require, an appli5 cation for inclusion in the selection pool under 

6 this section, and includes with the application a 

7 written statement, with an attestation under 

8 penalty of perjury, containing the following in9 formation and assurances: 

10 (i) The full current name and any 

11 former names of, and the contact informa12 tion for, the individual, including an elec13 tronic mail address, the address of the in14 dividual’s residence, mailing address, and 

15 telephone numbers. 

16 (ii) The individual’s race, ethnicity, 

17 gender, age, date of birth, and household 

18 income for the most recent taxable year. 

19 (iii) The political party with which the 

20 individual is affiliated, if any. 

21 (iv) The reason or reasons the indi22 vidual desires to serve on the independent 

23 redistricting commission, the individual’s 

24 qualifications, and information relevant to 


kjohnson on DSK79L0C42 with BILLS
246 

HR 1 PCS

1 the ability of the individual to be fair and 

2 impartial, including, but not limited to— 

3 (I) any involvement with, or fi4 nancial support of, professional, so5 cial, political, religious, or community 

6 organizations or causes; 

7 (II) the individual’s employment 

8 and educational history. 

9 (v) An assurance that the individual 

10 shall commit to carrying out the individ11 ual’s duties under this subtitle in an hon12 est, independent, and impartial fashion, 

13 and to upholding public confidence in the 

14 integrity of the redistricting process. 

15 (vi) An assurance that, during the 

16 covered periods described in paragraph (3), 

17 the individual has not taken and will not 

18 take any action which would disqualify the 

19 individual from serving as a member of the 

20 commission under paragraph (2). 

21 (2) DISQUALIFICATIONS.—An individual is not 

22 eligible to serve as a member of the commission if 

23 any of the following applies during any of the cov24 ered periods described in paragraph (3): 


kjohnson on DSK79L0C42 with BILLS
247 

HR 1 PCS

1 (A) The individual or (in the case of the 

2 covered periods described in subparagraphs (A) 

3 and (B) of paragraph (3)) an immediate family 

4 member of the individual holds public office or 

5 is a candidate for election for public office. 

6 (B) 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 serves as an officer of 

10 a political party or as an officer, employee, or 

11 paid consultant of a campaign committee of a 

12 candidate for public office or of any political ac13 tion committee (as determined in accordance 

14 with the law of the State). 

15 (C) The individual or (in the case of the 

16 covered periods described in subparagraphs (A) 

17 and (B) of paragraph (3)) an immediate family 

18 member of the individual holds a position as a 

19 registered lobbyist under the Lobbying Disclo20 sure Act of 1995 (2 U.S.C. 1601 et seq.) or an 

21 equivalent State or local law. 

22 (D) 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 is an employee of an 


kjohnson on DSK79L0C42 with BILLS
248 

HR 1 PCS

1 elected public official, a contractor with the gov2 ernment of the State, or a donor to the cam3 paign of any candidate for public office or to 

4 any political action committee (other than a 

5 donor who, during any of such covered periods, 

6 gives an aggregate amount of $1,000 or less to 

7 the campaigns of all candidates for all public 

8 offices and to all political action committees). 

9 (E) The individual or (in the case of the 

10 covered periods described in subparagraphs (A) 

11 and (B) of paragraph (3)) an immediate family 

12 member of the individual paid a civil money 

13 penalty or criminal fine, or was sentenced to a 

14 term of imprisonment, for violating any provi15 sion of the Federal Election Campaign Act of 

16 1971 (52 U.S.C. 30101 et seq.). 

17 (F) 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 is an agent of a for21 eign principal under the Foreign Agents Reg22 istration Act of 1938, as amended (22 U.S.C. 

23 611 et seq.). 

24 (3) COVERED PERIODS DESCRIBED.—In this 

25 subsection, the term ‘‘covered period’’ means, with 


kjohnson on DSK79L0C42 with BILLS
249 

HR 1 PCS

1 respect to the appointment of an individual to the 

2 commission, any of the following: 

3 (A) The 10-year period ending on the date 

4 of the individual’s appointment. 

5 (B) The period beginning on the date of 

6 the individual’s appointment and ending on Au7 gust 14 of the next year ending in the numeral 

8 one. 

9 (C) The 10-year period beginning on the 

10 day after the last day of the period described in 

11 subparagraph (B). 

12 (4) IMMEDIATE FAMILY MEMBER DEFINED.—In 

13 this subsection, the term ‘‘immediate family mem14 ber’’ means, with respect to an individual, a father, 

15 stepfather, mother, stepmother, son, stepson, daugh16 ter, stepdaughter, brother, stepbrother, sister, step17 sister, husband, wife, father-in-law, or mother-in18 law. 

19 (b) DEVELOPMENT AND SUBMISSION OF SELECTION

20 POOL.— 

21 (1) IN GENERAL.—Not later than June 15 of 

22 each year ending in the numeral zero, the non23 partisan agency established or designated by a State 

24 under section 2414(a) shall develop and submit to 

25 the Select Committee on Redistricting for the State 


kjohnson on DSK79L0C42 with BILLS
250 

HR 1 PCS

1 established under section 2414(b) a selection pool of 

2 36 individuals who are eligible to serve as members 

3 of the independent redistricting commission of the 

4 State under this subtitle, consisting of individuals in 

5 the following categories: 

6 (A) A majority category, consisting of 12 

7 individuals who are affiliated with the political 

8 party whose candidate received the most votes 

9 in the most recent Statewide election for Fed10 eral office held in the State. 

11 (B) A minority category, consisting of 12 

12 individuals who are affiliated with the political 

13 party whose candidate received the second most 

14 votes in the most recent Statewide election for 

15 Federal office held in the State. 

16 (C) An independent category, consisting of 

17 12 individuals who are not affiliated with either 

18 of the political parties described in subpara19 graph (A) or subparagraph (B). 

20 (2) FACTORS TAKEN INTO ACCOUNT IN DEVEL21 OPING POOL.—In selecting individuals for the selec22 tion pool under this subsection, the nonpartisan 

23 agency shall— 

24 (A) ensure that the pool is representative 

25 of the demographic groups (including racial, 


kjohnson on DSK79L0C42 with BILLS
251 

HR 1 PCS

1 ethnic, economic, and gender) and geographic 

2 regions of the State, and includes applicants 

3 who would allow racial, ethnic, and language 

4 minorities protected under the Voting Rights 

5 Act of 1965 a meaningful opportunity to par6 ticipate in the development of the State’s redis7 tricting plan; and 

8 (B) take into consideration the analytical 

9 skills of the individuals selected in relevant 

10 fields (including mapping, data management, 

11 law, community outreach, demography, and the 

12 geography of the State) and their ability to 

13 work on an impartial basis. 

14 (3) INTERVIEWS OF APPLICANTS.—To assist 

15 the nonpartisan agency in developing the selection 

16 pool under this subsection, the nonpartisan agency 

17 shall conduct interviews of applicants under oath. If 

18 an individual is included in a selection pool devel19 oped under this section, all of the interviews of the 

20 individual shall be transcribed and the transcriptions 

21 made available on the nonpartisan agency’s website 

22 contemporaneously with release of the report under 

23 paragraph (6). 

24 (4) DETERMINATION OF POLITICAL PARTY AF25 FILIATION OF INDIVIDUALS IN SELECTION POOL.— 


kjohnson on DSK79L0C42 with BILLS
252 

HR 1 PCS

1 For purposes of this section, an individual shall be 

2 considered to be affiliated with a political party only 

3 if the nonpartisan agency is able to verify (to the 

4 greatest extent possible) the information the indi5 vidual provides in the application submitted under 

6 subsection (a)(1)(D), including by considering addi7 tional information provided by other persons with 

8 knowledge of the individual’s history of political ac9 tivity. 

10 (5) ENCOURAGING RESIDENTS TO APPLY FOR

11 INCLUSION IN POOL.—The nonpartisan agency shall 

12 take such steps as may be necessary to ensure that 

13 residents of the State across various geographic re14 gions and demographic groups are aware of the op15 portunity to serve on the independent redistricting 

16 commission, including publicizing the role of the 

17 panel and using newspapers, broadcast media, and 

18 online sources, including ethnic media, to encourage 

19 individuals to apply for inclusion in the selection 

20 pool developed under this subsection. 

21 (6) REPORT ON ESTABLISHMENT OF SELEC22 TION POOL.—At the time the nonpartisan agency 

23 submits the selection pool to the Select Committee 

24 on Redistricting under paragraph (1), it shall pub25 lish and post on the agency’s public website a report 


kjohnson on DSK79L0C42 with BILLS
253 

HR 1 PCS

1 describing the process by which the pool was devel2 oped, and shall include in the report a description of 

3 how the individuals in the pool meet the eligibility 

4 criteria of subsection (a) and of how the pool reflects 

5 the factors the agency is required to take into con6 sideration under paragraph (2). 

7 (7) PUBLIC COMMENT ON SELECTION POOL.— 

8 During the 14-day period which begins on the date 

9 the nonpartisan agency publishes the report under 

10 paragraph (6), the agency shall accept comments 

11 from the public on the individuals included in the se12 lection pool. The agency shall post all such com13 ments contemporaneously on the nonpartisan agen14 cy’s website and shall transmit them to the Select 

15 Committee on Redistricting immediately upon the 

16 expiration of such period. 

17 (8) ACTION BY SELECT COMMITTEE.— 

18 (A) IN GENERAL.—Not earlier than 15 

19 days and not later than 21 days after receiving 

20 the selection pool from the nonpartisan agency 

21 under paragraph (1), the Select Committee on 

22 Redistricting shall— 

23 (i) approve the pool as submitted by 

24 the nonpartisan agency, in which case the 

25 pool shall be considered the approved selecVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00253 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
254 

HR 1 PCS

1 tion pool for purposes of section 

2 2411(a)(1); or 

3 (ii) reject the pool, in which case the 

4 nonpartisan agency shall develop and sub5 mit a replacement selection pool in accord6 ance with subsection (c). 

7 (B) INACTION DEEMED REJECTION.—If 

8 the Select Committee on Redistricting fails to 

9 approve or reject the pool within the deadline 

10 set forth in subparagraph (A), the Select Com11 mittee shall be deemed to have rejected the pool 

12 for purposes of such subparagraph. 

13 (c) DEVELOPMENT OF REPLACEMENT SELECTION

14 POOL.— 

15 (1) IN GENERAL.—If the Select Committee on 

16 Redistricting rejects the selection pool submitted by 

17 the nonpartisan agency under subsection (b), not 

18 later than 14 days after the rejection, the non19 partisan agency shall develop and submit to the Se20 lect Committee a replacement selection pool, under 

21 the same terms and conditions that applied to the 

22 development and submission of the selection pool 

23 under paragraphs (1) through (7) of subsection (b). 

24 The replacement pool submitted under this para25 graph may include individuals who were included in 


kjohnson on DSK79L0C42 with BILLS
255 

HR 1 PCS

1 the rejected selection pool submitted under sub2 section (b), so long as at least one of the individuals 

3 in the replacement pool was not included in such re4 jected pool. 

5 (2) ACTION BY SELECT COMMITTEE.— 

6 (A) IN GENERAL.—Not later than 21 days 

7 after receiving the replacement selection pool 

8 from the nonpartisan agency under paragraph 

9 (1), the Select Committee on Redistricting 

10 shall— 

11 (i) approve the pool as submitted by 

12 the nonpartisan agency, in which case the 

13 pool shall be considered the approved selec14 tion pool for purposes of section 

15 2411(a)(1); or 

16 (ii) reject the pool, in which case the 

17 nonpartisan agency shall develop and sub18 mit a second replacement selection pool in 

19 accordance with subsection (d). 

20 (B) INACTION DEEMED REJECTION.—If 

21 the Select Committee on Redistricting fails to 

22 approve or reject the pool within the deadline 

23 set forth in subparagraph (A), the Select Com24 mittee shall be deemed to have rejected the pool 

25 for purposes of such subparagraph. 


kjohnson on DSK79L0C42 with BILLS
256 

HR 1 PCS

1 (d) DEVELOPMENT OF SECOND REPLACEMENT SE2 LECTION POOL.— 

3 (1) IN GENERAL.—If the Select Committee on 

4 Redistricting rejects the replacement selection pool 

5 submitted by the nonpartisan agency under sub6 section (c), not later than 14 days after the rejec7 tion, the nonpartisan agency shall develop and sub8 mit to the Select Committee a second replacement 

9 selection pool, under the same terms and conditions 

10 that applied to the development and submission of 

11 the selection pool under paragraphs (1) through (7) 

12 of subsection (b). The second replacement selection 

13 pool submitted under this paragraph may include in14 dividuals who were included in the rejected selection 

15 pool submitted under subsection (b) or the rejected 

16 replacement selection pool submitted under sub17 section (c), so long as at least one of the individuals 

18 in the replacement pool was not included in either 

19 such rejected pool. 

20 (2) ACTION BY SELECT COMMITTEE.— 

21 (A) IN GENERAL.—Not earlier than 15 

22 days and not later than 14 days after receiving 

23 the second replacement selection pool from the 

24 nonpartisan agency under paragraph (1), the 

25 Select Committee on Redistricting shall— 


kjohnson on DSK79L0C42 with BILLS
257 

HR 1 PCS

1 (i) approve the pool as submitted by 

2 the nonpartisan agency, in which case the 

3 pool shall be considered the approved selec4 tion pool for purposes of section 

5 2411(a)(1); or 

6 (ii) reject the pool. 

7 (B) INACTION DEEMED REJECTION.—If 

8 the Select Committee on Redistricting fails to 

9 approve or reject the pool within the deadline 

10 set forth in subparagraph (A), the Select Com11 mittee shall be deemed to have rejected the pool 

12 for purposes of such subparagraph. 

13 (C) EFFECT OF REJECTION.—If the Select 

14 Committee on Redistricting rejects the second 

15 replacement pool from the nonpartisan agency 

16 under paragraph (1), the redistricting plan for 

17 the State shall be developed and enacted in ac18 cordance with part 3. 

19 SEC. 2413. CRITERIA FOR REDISTRICTING PLAN BY INDE20 PENDENT COMMISSION; PUBLIC NOTICE AND 

21 INPUT. 

22 (a) DEVELOPMENT OF REDISTRICTING PLAN.— 

23 (1) CRITERIA.—In developing a redistricting 

24 plan of a State, the independent redistricting com25 mission of a State shall establish single-member conVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00257 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
258 

HR 1 PCS

1 gressional districts using the following criteria as set 

2 forth in the following order of priority: 

3 (A) Districts shall comply with the United 

4 States Constitution, including the requirement 

5 that they equalize total population. 

6 (B) Districts shall comply with the Voting 

7 Rights Act of 1965 (52 U.S.C. 10301 et seq.) 

8 and all applicable Federal laws. 

9 (C) Districts shall provide racial, ethnic, 

10 and language minorities with an equal oppor11 tunity to participate in the political process and 

12 to elect candidates of choice and shall not dilute 

13 or diminish their ability to elect candidates of 

14 choice whether alone or in coalition with others. 

15 (D) Districts shall respect communities of 

16 interest, neighborhoods, and political subdivi17 sions to the extent practicable and after compli18 ance with the requirements of subparagraphs 

19 (A) through (C). A community of interest is de20 fined as an area with recognized similarities of 

21 interests, including but not limited to ethnic, 

22 racial, economic, social, cultural, geographic or 

23 historic identities. The term communities of in24 terest may, in certain circumstances, include 

25 political subdivisions such as counties, municiVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00258 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
259 

HR 1 PCS

1 palities, or school districts, but shall not include 

2 common relationships with political parties or 

3 political candidates. 

4 (2) NO FAVORING OR DISFAVORING OF POLIT5 ICAL PARTIES.—Except as may be required to meet 

6 the criteria described in paragraph (1), the redis7 tricting plan developed by the independent redis8 tricting commission shall not, when considered on a 

9 Statewide basis, unduly favor or disfavor any polit10 ical party. 

11 (3) FACTORS PROHIBITED FROM CONSIDER12 ATION.—In developing the redistricting plan for the 

13 State, the independent redistricting commission may 

14 not take into consideration any of the following fac15 tors, except to the extent necessary to comply with 

16 the criteria described in subparagraphs (A) through 

17 (C) of paragraph (1), paragraph (2), and to enable 

18 the redistricting plan to be measured against the ex19 ternal metrics described in subsection (e): 

20 (A) The residence of any Member of the 

21 House of Representatives or candidate. 

22 (B) The political party affiliation or voting 

23 history of the population of a district. 

24 (b) PUBLIC NOTICE AND INPUT.— 


kjohnson on DSK79L0C42 with BILLS
260 

HR 1 PCS

1 (1) USE OF OPEN AND TRANSPARENT PROC2 ESS.—The independent redistricting commission of a 

3 State shall hold each of its meetings in public, shall 

4 solicit and take into consideration comments from 

5 the public, including proposed maps, throughout the 

6 process of developing the redistricting plan for the 

7 State, and shall carry out its duties in an open and 

8 transparent manner which provides for the widest 

9 public dissemination reasonably possible of its pro10 posed and final redistricting plans. 

11 (2) WEBSITE.— 

12 (A) FEATURES.—The commission shall 

13 maintain a public Internet site which is not af14 filiated with or maintained by the office of any 

15 elected official and which includes the following 

16 features: 

17 (i) General information on the com18 mission, its role in the redistricting proc19 ess, and its members, including contact in20 formation. 

21 (ii) An updated schedule of commis22 sion hearings and activities, including 

23 deadlines for the submission of comments. 

24 (iii) All draft redistricting plans devel25 oped by the commission under subsection 


kjohnson on DSK79L0C42 with BILLS
261 

HR 1 PCS

1 (c) and the final redistricting plan devel2 oped under subsection (d), including the 

3 accompanying written evaluation under 

4 subsection (e). 

5 (iv) All comments received from the 

6 public on the commission’s activities, in7 cluding any proposed maps submitted 

8 under paragraph (1). 

9 (v) Live streaming of commission 

10 hearings and an archive of previous meet11 ings, including any documents considered 

12 at any such meeting, which the commission 

13 shall post not later than 24 hours after the 

14 conclusion of the meeting. 

15 (vi) Access in an easily useable format 

16 to the demographic and other data used by 

17 the commission to develop and analyze the 

18 proposed redistricting plans, together with 

19 access to any software used to draw maps 

20 of proposed districts and to any reports 

21 analyzing and evaluating any such maps. 

22 (vii) A method by which members of 

23 the public may submit comments and pro24 posed maps directly to the commission. 


kjohnson on DSK79L0C42 with BILLS
262 

HR 1 PCS

1 (viii) All records of the commission, 

2 including all communications to or from 

3 members, employees, and contractors re4 garding the work of the commission. 

5 (ix) A list of all contractors receiving 

6 payment from the commission, together 

7 with the annual disclosures submitted by 

8 the contractors under section 2411(c)(3). 

9 (x) A list of the names of all individ10 uals who submitted applications to serve 

11 on the commission, together with the appli12 cations submitted by individuals included 

13 in any selection pool, except that the com14 mission may redact from such applications 

15 any financial or other personally sensitive 

16 information. 

17 (B) SEARCHABLE FORMAT.—The commis18 sion shall ensure that all information posted 

19 and maintained on the site under this para20 graph, including information and proposed 

21 maps submitted by the public, shall be main22 tained in an easily searchable format. 

23 (C) DEADLINE.—The commission shall en24 sure that the public internet site under this 

25 paragraph is operational (in at least a prelimiVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00262 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
263 

HR 1 PCS

1 nary format) not later than January 1 of the 

2 year ending in the numeral one. 

3 (3) PUBLIC COMMENT PERIOD.—The commis4 sion shall solicit, accept, and consider comments 

5 from the public with respect to its duties, activities, 

6 and procedures at any time during the period— 

7 (A) which begins on January 1 of the year 

8 ending in the numeral one; and 

9 (B) which ends 7 days before the date of 

10 the meeting at which the commission shall vote 

11 on approving the final redistricting plan for en12 actment into law under subsection (d)(2). 

13 (4) MEETINGS AND HEARINGS IN VARIOUS GEO14 GRAPHIC LOCATIONS.—To the greatest extent prac15 ticable, the commission shall hold its meetings and 

16 hearings in various geographic regions and locations 

17 throughout the State. 

18 (5) MULTIPLE LANGUAGE REQUIREMENTS FOR

19 ALL NOTICES.—The commission shall make each no20 tice which is required to be posted and published 

21 under this section available in any language in which 

22 the State (or any jurisdiction in the State) is re23 quired to provide election materials under section 

24 203 of the Voting Rights Act of 1965. 


kjohnson on DSK79L0C42 with BILLS
264 

HR 1 PCS

1 (c) DEVELOPMENT AND PUBLICATION OF PRELIMI2 NARY REDISTRICTING PLAN.— 

3 (1) IN GENERAL.—Prior to developing and pub4 lishing a final redistricting plan under subsection 

5 (d), the independent redistricting commission of a 

6 State shall develop and publish a preliminary redis7 tricting plan. 

8 (2) MINIMUM PUBLIC HEARINGS AND OPPOR9 TUNITY FOR COMMENT PRIOR TO DEVELOPMENT.— 

10 (A) 3 HEARINGS REQUIRED.—Prior to de11 veloping a preliminary redistricting plan under 

12 this subsection, the commission shall hold not 

13 fewer than 3 public hearings at which members 

14 of the public may provide input and comments 

15 regarding the potential contents of redistricting 

16 plans for the State and the process by which 

17 the commission will develop the preliminary 

18 plan under this subsection. 

19 (B) MINIMUM PERIOD FOR NOTICE PRIOR

20 TO HEARINGS.—Not fewer than 14 days prior 

21 to the date of each hearing held under this 

22 paragraph, the commission shall post notices of 

23 the hearing in on the website maintained under 

24 subsection (b)(2), and shall provide for the pub25 lication of such notices in newspapers of general 


kjohnson on DSK79L0C42 with BILLS
265 

HR 1 PCS

1 circulation throughout the State. Each such no2 tice shall specify the date, time, and location of 

3 the hearing. 

4 (C) SUBMISSION OF PLANS AND MAPS BY

5 MEMBERS OF THE PUBLIC.—Any member of 

6 the public may submit maps or portions of 

7 maps for consideration by the commission. As 

8 provided under subsection (b)(2)(A), any such 

9 map shall be made publicly available on the 

10 commission’s website and open to comment. 

11 (3) PUBLICATION OF PRELIMINARY PLAN.— 

12 (A) IN GENERAL.—The commission shall 

13 post the preliminary redistricting plan devel14 oped under this subsection, together with a re15 port that includes the commission’s responses 

16 to any public comments received under sub17 section (b)(3), on the website maintained under 

18 subsection (b)(2), and shall provide for the pub19 lication of each such plan in newspapers of gen20 eral circulation throughout the State. 

21 (B) MINIMUM PERIOD FOR NOTICE PRIOR

22 TO PUBLICATION.—Not fewer than 14 days 

23 prior to the date on which the commission posts 

24 and publishes the preliminary plan under this 

25 paragraph, the commission shall notify the pubVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00265 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
266 

HR 1 PCS

1 lic through the website maintained under sub2 section (b)(2), as well as through publication of 

3 notice in newspapers of general circulation 

4 throughout the State, of the pending publica5 tion of the plan. 

6 (4) MINIMUM POST-PUBLICATION PERIOD FOR

7 PUBLIC COMMENT.—The commission shall accept 

8 and consider comments from the public (including 

9 through the website maintained under subsection 

10 (b)(2)) with respect to the preliminary redistricting 

11 plan published under paragraph (3), including pro12 posed revisions to maps, for not fewer than 30 days 

13 after the date on which the plan is published. 

14 (5) POST-PUBLICATION HEARINGS.— 

15 (A) 3 HEARINGS REQUIRED.—After post16 ing and publishing the preliminary redistricting 

17 plan under paragraph (3), the commission shall 

18 hold not fewer than 3 public hearings in dif19 ferent geographic areas of the State at which 

20 members of the public may provide input and 

21 comments regarding the preliminary plan. 

22 (B) MINIMUM PERIOD FOR NOTICE PRIOR

23 TO HEARINGS.—Not fewer than 14 days prior 

24 to the date of each hearing held under this 

25 paragraph, the commission shall post notices of 


kjohnson on DSK79L0C42 with BILLS
267 

HR 1 PCS

1 the hearing in on the website maintained under 

2 subsection (b)(2), and shall provide for the pub3 lication of such notices in newspapers of general 

4 circulation throughout the State. Each such no5 tice shall specify the date, time, and location of 

6 the hearing. 

7 (6) PERMITTING MULTIPLE PRELIMINARY

8 PLANS.—At the option of the commission, after de9 veloping and publishing the preliminary redistricting 

10 plan under this subsection, the commission may de11 velop and publish subsequent preliminary redis12 tricting plans, so long as the process for the develop13 ment and publication of each such subsequent plan 

14 meets the requirements set forth in this subsection 

15 for the development and publication of the first pre16 liminary redistricting plan. 

17 (d) PROCESS FOR ENACTMENT OF FINAL REDIS18 TRICTING PLAN.— 

19 (1) IN GENERAL.—After taking into consider20 ation comments from the public on any preliminary 

21 redistricting plan developed and published under 

22 subsection (c), the independent redistricting commis23 sion of a State shall develop and publish a final re24 districting plan for the State. 


kjohnson on DSK79L0C42 with BILLS
268 

HR 1 PCS

1 (2) MEETING; FINAL VOTE.—Not later than the 

2 deadline specified in subsection (h), the commission 

3 shall hold a public hearing at which the members of 

4 the commission shall vote on approving the final 

5 plan for enactment into law. 

6 (3) PUBLICATION OF PLAN AND ACCOMPANYING

7 MATERIALS.—Not fewer than 14 days before the 

8 date of the meeting under paragraph (2), the com9 mission shall provide the following information to 

10 the public through the website maintained under 

11 subsection (b)(2), as well as through newspapers of 

12 general circulation throughout the State: 

13 (A) The final redistricting plan, including 

14 all relevant maps. 

15 (B) A report by the commission to accom16 pany the plan which provides the background 

17 for the plan and the commission’s reasons for 

18 selecting the plan as the final redistricting plan, 

19 including responses to the public comments re20 ceived on any preliminary redistricting plan de21 veloped and published under subsection (c). 

22 (C) Any dissenting or additional views with 

23 respect to the plan of individual members of the 

24 commission. 


kjohnson on DSK79L0C42 with BILLS
269 

HR 1 PCS

1 (4) ENACTMENT.—The final redistricting plan 

2 developed and published under this subsection shall 

3 be deemed to be enacted into law if— 

4 (A) the plan is approved by a majority of 

5 the whole membership of the commission; and 

6 (B) at least one member of the commission 

7 appointed from each of the categories of the ap8 proved selection pool described in section 

9 2412(b)(1) approves the plan. 

10 (e) WRITTEN EVALUATION OF PLAN AGAINST EX11 TERNAL METRICS.—The independent redistricting com12 mission shall include with each redistricting plan devel13 oped and published under this section a written evaluation 

14 that measures each such plan against external metrics 

15 which cover the criteria set forth in paragraph (1) of sub16 section (a), including the impact of the plan on the ability 

17 of communities of color to elect candidates of choice, 

18 measures of partisan fairness using multiple accepted 

19 methodologies, and the degree to which the plan preserves 

20 or divides communities of interest. 

21 (f) TIMING.—The independent redistricting commis22 sion of a State may begin its work on the redistricting 

23 plan of the State upon receipt of relevant population infor24 mation from the Bureau of the Census, and shall approve 

25 a final redistricting plan for the State in each year ending 


kjohnson on DSK79L0C42 with BILLS
270 

HR 1 PCS

1 in the numeral one not later than 8 months after the date 

2 on which the State receives the State apportionment notice 

3 or October 1, whichever occurs later. 

4 SEC. 2414. ESTABLISHMENT OF RELATED ENTITIES. 

5 (a) ESTABLISHMENT OR DESIGNATION OF NON6 PARTISAN AGENCY OF STATE LEGISLATURE.— 

7 (1) IN GENERAL.—Each State shall establish a 

8 nonpartisan agency in the legislative branch of the 

9 State government to appoint the members of the 

10 independent redistricting commission for the State 

11 in accordance with section 2411. 

12 (2) NONPARTISANSHIP DESCRIBED.—For pur13 poses of this subsection, an agency shall be consid14 ered to be nonpartisan if under law the agency— 

15 (A) is required to provide services on a 

16 nonpartisan basis; 

17 (B) is required to maintain impartiality; 

18 and 

19 (C) is prohibited from advocating for the 

20 adoption or rejection of any legislative proposal. 

21 (3) TRAINING OF MEMBERS APPOINTED TO

22 COMMISSION.—Not later than January 15 of a year 

23 ending in the numeral one, the nonpartisan agency 

24 established or designated under this subsection shall 

25 provide the members of the independent redistricting 


kjohnson on DSK79L0C42 with BILLS
271 

HR 1 PCS

1 commission with initial training on their obligations 

2 as members of the commission, including obligations 

3 under the Voting Rights Act of 1965 and other ap4 plicable laws. 

5 (4) REGULATIONS.—The nonpartisan agency 

6 established or designated under this subsection shall 

7 adopt and publish regulations, after notice and op8 portunity for comment, establishing the procedures 

9 that the agency will follow in fulfilling its duties 

10 under this subtitle, including the procedures to be 

11 used in vetting the qualifications and political affili12 ation of applicants and in creating the selection 

13 pools, the randomized process to be used in selecting 

14 the initial members of the independent redistricting 

15 commission, and the rules that the agency will apply 

16 to ensure that the agency carries out its duties 

17 under this subtitle in a maximally transparent, pub18 licly accessible, and impartial manner. 

19 (5) DESIGNATION OF EXISTING AGENCY.—At 

20 its option, a State may designate an existing agency 

21 in the legislative branch of its government to appoint 

22 the members of the independent redistricting com23 mission plan for the State under this subtitle, so 

24 long as the agency meets the requirements for non25 partisanship under this subsection. 


kjohnson on DSK79L0C42 with BILLS
272 

HR 1 PCS

1 (6) TERMINATION OF AGENCY SPECIFICALLY

2 ESTABLISHED FOR REDISTRICTING.—If a State does 

3 not designate an existing agency under paragraph 

4 (5) but instead establishes a new agency to serve as 

5 the nonpartisan agency under this section, the new 

6 agency shall terminate upon the enactment into law 

7 of the redistricting plan for the State. 

8 (7) PRESERVATION OF RECORDS.—The State 

9 shall ensure that the records of the nonpartisan 

10 agency are retained in the appropriate State archive 

11 in such manner as may be necessary to enable the 

12 State to respond to any civil action brought with re13 spect to congressional redistricting in the State. 

14 (8) DEADLINE.—The State shall meet the re15 quirements of this subsection not later than each 

16 October 15 of a year ending in the numeral nine. 

17 (b) ESTABLISHMENT OF SELECT COMMITTEE ON RE18 DISTRICTING.— 

19 (1) IN GENERAL.—Each State shall appoint a 

20 Select Committee on Redistricting to approve or dis21 approve a selection pool developed by the inde22 pendent redistricting commission for the State under 

23 section 2412. 


kjohnson on DSK79L0C42 with BILLS
273 

HR 1 PCS

1 (2) APPOINTMENT.—The Select Committee on 

2 Redistricting for a State under this subsection shall 

3 consist of the following members: 

4 (A) One member of the upper house of the 

5 State legislature, who shall be appointed by the 

6 leader of the party with the greatest number of 

7 seats in the upper house. 

8 (B) One member of the upper house of the 

9 State legislature, who shall be appointed by the 

10 leader of the party with the second greatest 

11 number of seats in the upper house. 

12 (C) One member of the lower house of the 

13 State legislature, who shall be appointed by the 

14 leader of the party with the greatest number of 

15 seats in the lower house. 

16 (D) One member of the lower house of the 

17 State legislature, who shall be appointed by the 

18 leader of the party with the second greatest 

19 number of seats in the lower house. 

20 (3) SPECIAL RULE FOR STATES WITH UNICAM21 ERAL LEGISLATURE.—In the case of a State with a 

22 unicameral legislature, the Select Committee on Re23 districting for the State under this subsection shall 

24 consist of the following members: 


kjohnson on DSK79L0C42 with BILLS
274 

HR 1 PCS

1 (A) Two members of the State legislature 

2 appointed by the chair of the political party of 

3 the State whose candidate received the highest 

4 percentage of votes in the most recent State5 wide election for Federal office held in the 

6 State. 

7 (B) Two members of the State legislature 

8 appointed by the chair of the political party 

9 whose candidate received the second highest 

10 percentage of votes in the most recent State11 wide election for Federal office held in the 

12 State. 

13 (4) DEADLINE.—The State shall meet the re14 quirements of this subsection not later than each 

15 January 15 of a year ending in the numeral zero. 

16 SEC. 2415. REPORT ON DIVERSITY OF MEMBERSHIPS OF 

17 INDEPENDENT REDISTRICTING COMMIS18 SIONS. 

19 Not later than May 15 of a year ending in the nu20 meral one, the Comptroller General of the United States 

21 shall submit to Congress a report on the extent to which 

22 the memberships of independent redistricting commissions 

23 for States established under this part with respect to the 

24 immediately preceding year ending in the numeral zero 


kjohnson on DSK79L0C42 with BILLS
275 

HR 1 PCS

1 meet the diversity requirements as provided for in sections 

2 2411(a)(2)(B) and 2412(b)(2). 

3 PART 3—ROLE OF COURTS IN DEVELOPMENT OF 

4 REDISTRICTING PLANS 

5 SEC. 2421. ENACTMENT OF PLAN DEVELOPED BY 3-JUDGE 

6 COURT. 

7 (a) DEVELOPMENT OF PLAN.—If any of the trig8 gering events described in subsection (f) occur with re9 spect to a State— 

10 (1) not later than December 15 of the year in 

11 which the triggering event occurs, the United States 

12 district court for the applicable venue, acting 

13 through a 3-judge Court convened pursuant to sec14 tion 2284 of title 28, United States Code, shall de15 velop and publish the congressional redistricting 

16 plan for the State; and 

17 (2) the final plan developed and published by 

18 the Court under this section shall be deemed to be 

19 enacted on the date on which the Court publishes 

20 the final plan, as described in subsection (d). 

21 (b) APPLICABLE VENUE DESCRIBED.—For purposes 

22 of this section, the ‘‘applicable venue’’ with respect to a 

23 State is the District of Columbia or the judicial district 

24 in which the capital of the State is located, as selected 

25 by the first party to file with the court sufficient evidence 


kjohnson on DSK79L0C42 with BILLS
276 

HR 1 PCS

1 of the occurrence of a triggering event described in sub2 section (f). 

3 (c) PROCEDURES FOR DEVELOPMENT OF PLAN.— 

4 (1) CRITERIA.—In developing a redistricting 

5 plan for a State under this section, the Court shall 

6 adhere to the same terms and conditions that ap7 plied (or that would have applied, as the case may 

8 be) to the development of a plan by the independent 

9 redistricting commission of the State under section 

10 2413(a). 

11 (2) ACCESS TO INFORMATION AND RECORDS OF

12 COMMISSION.—The Court shall have access to any 

13 information, data, software, or other records and 

14 material that was used (or that would have been 

15 used, as the case may be) by the independent redis16 tricting commission of the State in carrying out its 

17 duties under this subtitle. 

18 (3) HEARING; PUBLIC PARTICIPATION.—In de19 veloping a redistricting plan for a State, the Court 

20 shall— 

21 (A) hold one or more evidentiary hearings 

22 at which interested members of the public may 

23 appear and be heard and present testimony, in24 cluding expert testimony, in accordance with 

25 the rules of the Court; and 


kjohnson on DSK79L0C42 with BILLS
277 

HR 1 PCS

1 (B) consider other submissions and com2 ments by the public, including proposals for re3 districting plans to cover the entire State or 

4 any portion of the State. 

5 (4) USE OF SPECIAL MASTER.—To assist in the 

6 development and publication of a redistricting plan 

7 for a State under this section, the Court may ap8 point a special master to make recommendations to 

9 the Court on possible plans for the State. 

10 (d) PUBLICATION OF PLAN.— 

11 (1) PUBLIC AVAILABILITY OF INITIAL PLAN.— 

12 Upon completing the development of one or more 

13 initial redistricting plans, the Court shall make the 

14 plans available to the public at no cost, and shall 

15 also make available the underlying data used by the 

16 Court to develop the plans and a written evaluation 

17 of the plans against external metrics (as described in 

18 section 2413(e)). 

19 (2) PUBLICATION OF FINAL PLAN.—At any 

20 time after the expiration of the 14-day period which 

21 begins on the date the Court makes the plans avail22 able to the public under paragraph (1), and taking 

23 into consideration any submissions and comments by 

24 the public which are received during such period, the 


kjohnson on DSK79L0C42 with BILLS
278 

HR 1 PCS

1 Court shall develop and publish the final redis2 tricting plan for the State. 

3 (e) USE OF INTERIM PLAN.—In the event that the 

4 Court is not able to develop and publish a final redis5 tricting plan for the State with sufficient time for an up6 coming election to proceed, the Court may develop and 

7 publish an interim redistricting plan which shall serve as 

8 the redistricting plan for the State until the Court devel9 ops and publishes a final plan in accordance with this sec10 tion. Nothing in this subsection may be construed to limit 

11 or otherwise affect the authority or discretion of the Court 

12 to develop and publish the final redistricting plan, includ13 ing but not limited to the discretion to make any changes 

14 the Court deems necessary to an interim redistricting 

15 plan. 

16 (f) TRIGGERING EVENTS DESCRIBED.—The ‘‘trig17 gering events’’ described in this subsection are as follows: 

18 (1) The failure of the State to establish or des19 ignate a nonpartisan agency of the State legislature 

20 under section 2414(a) prior to the expiration of the 

21 deadline set forth in section 2414(a)(5). 

22 (2) The failure of the State to appoint a Select 

23 Committee on Redistricting under section 2414(b) 

24 prior to the expiration of the deadline set forth in 

25 section 2414(b)(4). 


kjohnson on DSK79L0C42 with BILLS
279 

HR 1 PCS

1 (3) The failure of the Select Committee on Re2 districting to approve any selection pool under sec3 tion 2412 prior to the expiration of the deadline set 

4 forth for the approval of the second replacement se5 lection pool in section 2412(d)(2). 

6 (4) The failure of the independent redistricting 

7 commission of the State to approve a final redis8 tricting plan for the State prior to the expiration of 

9 the deadline set forth in section 2413(f). 

10 SEC. 2422. SPECIAL RULE FOR REDISTRICTING CON11 DUCTED UNDER ORDER OF FEDERAL COURT. 

12 If a Federal court requires a State to conduct redis13 tricting subsequent to an apportionment of Representa14 tives in the State in order to comply with the Constitution 

15 or to enforce the Voting Rights Act of 1965, section 2413 

16 shall apply with respect to the redistricting, except that 

17 the court may revise any of the deadlines set forth in such 

18 section if the court determines that a revision is appro19 priate in order to provide for a timely enactment of a new 

20 redistricting plan for the State. 


kjohnson on DSK79L0C42 with BILLS
280 

HR 1 PCS

1 PART 4—ADMINISTRATIVE AND MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 2431. PAYMENTS TO STATES FOR CARRYING OUT RE4 DISTRICTING. 

5 (a) AUTHORIZATION OF PAYMENTS.—Subject to sub6 section (d), not later than 30 days after a State receives 

7 a State apportionment notice, the Election Assistance 

8 Commission shall, subject to the availability of appropria9 tions provided pursuant to subsection (e), make a payment 

10 to the State in an amount equal to the product of— 

11 (1) the number of Representatives to which the 

12 State is entitled, as provided under the notice; and 

13 (2) $150,000. 

14 (b) USE OF FUNDS.—A State shall use the payment 

15 made under this section to establish and operate the 

16 State’s independent redistricting commission, to imple17 ment the State redistricting plan, and to otherwise carry 

18 out congressional redistricting in the State. 

19 (c) NO PAYMENT TO STATES WITH SINGLE MEM20 BER.—The Election Assistance Commission shall not 

21 make a payment under this section to any State which 

22 is not entitled to more than one Representative under its 

23 State apportionment notice. 

24 (d) REQUIRING SUBMISSION OF SELECTION POOL AS

25 CONDITION OF PAYMENT.— 


kjohnson on DSK79L0C42 with BILLS
281 

HR 1 PCS

1 (1) REQUIREMENT.—Except as provided in 

2 paragraph (2) and paragraph (3), the Election As3 sistance Commission may not make a payment to a 

4 State under this section until the State certifies to 

5 the Commission that the nonpartisan agency estab6 lished or designated by a State under section 

7 2414(a) has, in accordance with section 2412(b)(1), 

8 submitted a selection pool to the Select Committee 

9 on Redistricting for the State established under sec10 tion 2414(b). 

11 (2) EXCEPTION FOR STATES WITH EXISTING

12 COMMISSIONS.—In the case of a State which, pursu13 ant to section 2401(c), is exempt from the require14 ments of section 2401(a), the Commission may not 

15 make a payment to the State under this section until 

16 the State certifies to the Commission that its redis17 tricting commission meets the requirements of sec18 tion 2401(c). 

19 (3) EXCEPTION FOR STATE OF IOWA.—In the 

20 case of the State of Iowa, the Commission may not 

21 make a payment to the State under this section until 

22 the State certifies to the Commission that it will 

23 carry out congressional redistricting pursuant to the 

24 State’s apportionment notice in accordance with a 

25 plan developed by the Iowa Legislative Services 


kjohnson on DSK79L0C42 with BILLS
282 

HR 1 PCS

1 Agency with the assistance of a Temporary Redis2 tricting Advisory Commission, as provided under the 

3 law described in section 2401(d). 

4 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated such sums as may be 

6 necessary for payments under this section. 

7 SEC. 2432. CIVIL ENFORCEMENT. 

8 (a) CIVIL ENFORCEMENT.— 

9 (1) ACTIONS BY ATTORNEY GENERAL.—The At10 torney General may bring a civil action in an appro11 priate district court for such relief as may be appro12 priate to carry out this subtitle. 

13 (2) AVAILABILITY OF PRIVATE RIGHT OF AC14 TION.—Any citizen of a State who is aggrieved by 

15 the failure of the State to meet the requirements of 

16 this subtitle may bring a civil action in the United 

17 States district court for the applicable venue for 

18 such relief as may be appropriate to remedy the fail19 ure. For purposes of this section, the ‘‘applicable 

20 venue’’ is the District of Columbia or the judicial 

21 district in which the capital of the State is located, 

22 as selected by the person who brings the civil action. 

23 (b) EXPEDITED CONSIDERATION.—In any action 

24 brought forth under this section, the following rules shall 

25 apply: 


kjohnson on DSK79L0C42 with BILLS
283 

HR 1 PCS

1 (1) The action shall be filed in the district court 

2 of the United States for the District of Columbia or 

3 for the judicial district in which the capital of the 

4 State is located, as selected by the person bringing 

5 the action. 

6 (2) The action shall be heard by a 3-judge 

7 court convened pursuant to section 2284 of title 28, 

8 United States Code. 

9 (3) The 3-judge court shall consolidate actions 

10 brought for relief under subsection (b)(1) with re11 spect to the same State redistricting plan. 

12 (4) A copy of the complaint shall be delivered 

13 promptly to the Clerk of the House of Representa14 tives and the Secretary of the Senate. 

15 (5) A final decision in the action shall be re16 viewable only by appeal directly to the Supreme 

17 Court of the United States. Such appeal shall be 

18 taken by the filing of a notice of appeal within 10 

19 days, and the filing of a jurisdictional statement 

20 within 30 days, of the entry of the final decision. 

21 (6) It shall be the duty of the district court and 

22 the Supreme Court of the United States to advance 

23 on the docket and to expedite to the greatest pos24 sible extent the disposition of the action and appeal. 


kjohnson on DSK79L0C42 with BILLS
284 

HR 1 PCS

1 (c) ATTORNEY’S FEES.—In a civil action under this 

2 section, the court may allow the prevailing party (other 

3 than the United States) reasonable attorney fees, includ4 ing litigation expenses, and costs. 

5 (d) RELATION TO OTHER LAWS.— 

6 (1) RIGHTS AND REMEDIES ADDITIONAL TO

7 OTHER RIGHTS AND REMEDIES.—The rights and 

8 remedies established by this section are in addition 

9 to all other rights and remedies provided by law, and 

10 neither the rights and remedies established by this 

11 section nor any other provision of this subtitle shall 

12 supersede, restrict, or limit the application of the 

13 Voting Rights Act of 1965 (52 U.S.C. 10301 et 

14 seq.). 

15 (2) VOTING RIGHTS ACT OF 1965.—Nothing in 

16 this subtitle authorizes or requires conduct that is 

17 prohibited by the Voting Rights Act of 1965 (52 

18 U.S.C. 10301 et seq.). 

19 SEC. 2433. STATE APPORTIONMENT NOTICE DEFINED. 

20 In this subtitle, the ‘‘State apportionment notice’’ 

21 means, with respect to a State, the notice sent to the State 

22 from the Clerk of the House of Representatives under sec23 tion 22(b) of the Act entitled ‘‘An Act to provide for the 

24 fifteenth and subsequent decennial censuses and to pro25 vide for an apportionment of Representatives in ConVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00284 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
285 

HR 1 PCS

1 gress’’, approved June 18, 1929 (2 U.S.C. 2a), of the 

2 number of Representatives to which the State is entitled. 

3 SEC. 2434. NO EFFECT ON ELECTIONS FOR STATE AND 

4 LOCAL OFFICE. 

5 Nothing in this subtitle or in any amendment made 

6 by this subtitle may be construed to affect the manner 

7 in which a State carries out elections for State or local 

8 office, including the process by which a State establishes 

9 the districts used in such elections. 

10 SEC. 2435. EFFECTIVE DATE. 

11 This subtitle and the amendments made by this sub12 title shall apply with respect to redistricting carried out 

13 pursuant to the decennial census conducted during 2020 

14 or any succeeding decennial census. 

15 Subtitle F—Saving Eligible Voters 

16 From Voter Purging 

17 SEC. 2501. SHORT TITLE. 

18 This subtitle may be cited as the ‘‘Stop Automatically 

19 Voiding Eligible Voters Off Their Enlisted Rolls in States 

20 Act’’ or the ‘‘Save Voters Act’’. 

21 SEC. 2502. CONDITIONS FOR REMOVAL OF VOTERS FROM 

22 LIST OF REGISTERED VOTERS. 

23 (a) CONDITIONS DESCRIBED.—The National Voter 

24 Registration Act of 1993 (52 U.S.C. 20501 et seq.) is 


kjohnson on DSK79L0C42 with BILLS
286 

HR 1 PCS

1 amended by inserting after section 8 the following new 

2 section: 

3 ‘‘SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM 

4 OFFICIAL LIST OF REGISTERED VOTERS. 

5 ‘‘(a) VERIFICATION ON BASIS OF OBJECTIVE AND

6 RELIABLE EVIDENCE OF INELIGIBILITY.— 

7 ‘‘(1) REQUIRING VERIFICATION.—Notwith8 standing any other provision of this Act, a State 

9 may not remove the name of any registrant from the 

10 official list of voters eligible to vote in elections for 

11 Federal office in the State unless the State verifies, 

12 on the basis of objective and reliable evidence, that 

13 the registrant is ineligible to vote in such elections. 

14 ‘‘(2) FACTORS NOT CONSIDERED AS OBJECTIVE

15 AND RELIABLE EVIDENCE OF INELIGIBILITY.—For 

16 purposes of paragraph (1), the following factors, or 

17 any combination thereof, shall not be treated as ob18 jective and reliable evidence of a registrant’s ineligi19 bility to vote: 

20 ‘‘(A) The failure of the registrant to vote 

21 in any election. 

22 ‘‘(B) The failure of the registrant to re23 spond to any notice sent under section 8(d), un24 less the notice has been returned as undeliver25 able. 


kjohnson on DSK79L0C42 with BILLS
287 

HR 1 PCS

1 ‘‘(C) The failure of the registrant to take 

2 any other action with respect to voting in any 

3 election or with respect to the registrant’s sta4 tus as a registrant. 

5 ‘‘(b) NOTICE AFTER REMOVAL.— 

6 ‘‘(1) NOTICE TO INDIVIDUAL REMOVED.— 

7 ‘‘(A) IN GENERAL.—Not later than 48 

8 hours after a State removes the name of a reg9 istrant from the official list of eligible voters for 

10 any reason (other than the death of the reg11 istrant), the State shall send notice of the re12 moval to the former registrant, and shall in13 clude in the notice the grounds for the removal 

14 and information on how the former registrant 

15 may contest the removal or be reinstated, in16 cluding a telephone number for the appropriate 

17 election official. 

18 ‘‘(B) EXCEPTIONS.—Subparagraph (A) 

19 does not apply in the case of a registrant— 

20 ‘‘(i) who sends written confirmation to 

21 the State that the registrant is no longer 

22 eligible to vote in the registrar’s jurisdic23 tion in which the registrant was registered; 

24 or 


kjohnson on DSK79L0C42 with BILLS
288 

HR 1 PCS

1 ‘‘(ii) who is removed from the official 

2 list of eligible voters by reason of the death 

3 of the registrant. 

4 ‘‘(2) PUBLIC NOTICE.—Not later than 48 hours 

5 after conducting any general program to remove the 

6 names of ineligible voters from the official list of eli7 gible voters (as described in section 8(a)(4)), the 

8 State shall disseminate a public notice through such 

9 methods as may be reasonable to reach the general 

10 public (including by publishing the notice in a news11 paper of wide circulation or posting the notice on the 

12 websites of the appropriate election officials) that 

13 list maintenance is taking place and that registrants 

14 should check their registration status to ensure no 

15 errors or mistakes have been made. The State shall 

16 ensure that the public notice disseminated under this 

17 paragraph is in a format that is reasonably conven18 ient and accessible to voters with disabilities, includ19 ing voters who have low vision or are blind.’’. 

20 (b) CONDITIONS FOR TRANSMISSION OF NOTICES OF

21 REMOVAL.—Section 8(d) of such Act (52 U.S.C. 

22 20507(d)) is amended by adding at the end the following 

23 new paragraph: 

24 ‘‘(4) A State may not transmit a notice to a 

25 registrant under this subsection unless the State obVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00288 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
289 

HR 1 PCS

1 tains objective and reliable evidence (in accordance 

2 with the standards for such evidence which are de3 scribed in section 8A(a)(2)) that the registrant has 

4 changed residence to a place outside the registrar’s 

5 jurisdiction in which the registrant is registered.’’. 

6 (c) CONFORMING AMENDMENTS.— 

7 (1) NATIONAL VOTER REGISTRATION ACT OF

8 1993.—Section 8(a) of such Act (52 U.S.C. 

9 20507(a)) is amended— 

10 (A) in paragraph (3), by striking ‘‘pro11 vide’’ and inserting ‘‘subject to section 8A, pro12 vide’’; and 

13 (B) in paragraph (4), by striking ‘‘con14 duct’’ and inserting ‘‘subject to section 8A, con15 duct’’. 

16 (2) HELP AMERICA VOTE ACT OF 2002.—Section 

17 303(a)(4)(A) of the Help America Vote Act of 2002 

18 (52 U.S.C. 21083(a)(4)(A)) is amended by striking 

19 ‘‘, registrants’’ and inserting ‘‘, and subject to sec20 tion 8A of such Act, registrants’’. 

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

22 this section shall take effect on the date of the enactment 

23 of this Act. 


kjohnson on DSK79L0C42 with BILLS
290 

HR 1 PCS

1 Subtitle G—No Effect on Authority 

2 of States to Provide Greater Op3 portunities for Voting 

4 SEC. 2601. NO EFFECT ON AUTHORITY OF STATES TO PRO5 VIDE GREATER OPPORTUNITIES FOR VOT6 ING. 

7 Nothing in this title or the amendments made by this 

8 title may be construed to prohibit any State from enacting 

9 any law which provides greater opportunities for individ10 uals to register to vote and to vote in elections for Federal 

11 office than are provided by this title and the amendments 

12 made by this title. 

13 Subtitle H—Residence of 

14 Incarcerated Individuals 

15 SEC. 2701. RESIDENCE OF INCARCERATED INDIVIDUALS. 

16 Section 141 of title 13, United States Code, is 

17 amended— 

18 (1) by redesignating subsection (g) as sub19 section (h); and 

20 (2) by inserting after subsection (f) the fol21 lowing: 

22 ‘‘(g)(1) Effective beginning with the 2020 decennial 

23 census of population, in taking any tabulation of total pop24 ulation by States under subsection (a) for purposes of the 

25 apportionment of Representatives in Congress among the 


kjohnson on DSK79L0C42 with BILLS
291 

HR 1 PCS

1 several States, the Secretary shall, with respect to an indi2 vidual incarcerated in a State, Federal, county, or munic3 ipal correctional center as of the date on which such cen4 sus is taken, attribute such individual to such individual’s 

5 last place of residence before incarceration. 

6 ‘‘(2) In carrying out this subsection, the Secretary 

7 shall consult with each State department of corrections to 

8 collect the information necessary to make the determina9 tion required under paragraph (1).’’. 

10 Subtitle I—Severability 

11 SEC. 2801. SEVERABILITY. 

12 If any provision of this title or amendment made by 

13 this title, or the application of a provision or amendment 

14 to any person or circumstance, is held to be unconstitu15 tional, the remainder of this title and amendments made 

16 by this title, and the application of the provisions and 

17 amendment to any person or circumstance, shall not be 

18 affected by the holding. 

19 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


kjohnson on DSK79L0C42 with BILLS
292 

HR 1 PCS

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. 

Sec. 3403. Definitions. 

Subtitle F—Election Security Grants Advisory Committee 

Sec. 3501. Establishment of advisory committee. 

Subtitle G—Miscellaneous Provisions 

Sec. 3601. Definitions. 

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

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

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

Subtitle I—Severability 

Sec. 3801. Severability. 


kjohnson on DSK79L0C42 with BILLS
293 

HR 1 PCS

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. 

12 Subtitle A—Financial Support for 

13 Election Infrastructure 

14 PART 1—VOTING SYSTEM SECURITY 

15 IMPROVEMENT GRANTS 

16 SEC. 3001. GRANTS FOR OBTAINING COMPLIANT PAPER 

17 BALLOT VOTING SYSTEMS AND CARRYING 

18 OUT VOTING SYSTEM SECURITY IMPROVE19 MENTS. 

20 (a) AVAILABILITY OF GRANTS.—Subtitle D of title 

21 II of the Help America Vote Act of 2002 (52 U.S.C. 

22 21001 et seq.), as amended by section 1905(a), is amend23 ed by adding at the end the following new part: 


kjohnson on DSK79L0C42 with BILLS
294 

HR 1 PCS

1 ‘‘PART 8—GRANTS FOR OBTAINING COMPLIANT 

2 PAPER BALLOT VOTING SYSTEMS AND CAR3 RYING OUT VOTING SYSTEM SECURITY IM4 PROVEMENTS 

5 ‘‘SEC. 298. GRANTS FOR OBTAINING COMPLIANT PAPER 

6 BALLOT VOTING SYSTEMS AND CARRYING 

7 OUT VOTING SYSTEM SECURITY IMPROVE8 MENTS. 

9 ‘‘(a) AVAILABILITY AND USE OF GRANT.—The Com10 mission shall make a grant to each eligible State— 

11 ‘‘(1) to replace a voting system— 

12 ‘‘(A) which does not meet the requirements 

13 which are first imposed on the State pursuant 

14 to the amendments made by the Voter Con15 fidence and Increased Accessibility Act of 2019 

16 with a voting system which does meet such re17 quirements, for use in the regularly scheduled 

18 general elections for Federal office held in No19 vember 2020, or 

20 ‘‘(B) which does meet such requirements 

21 but which is not in compliance with the most 

22 recent voluntary voting system guidelines issued 

23 by the Commission prior to the regularly sched24 uled general election for Federal office held in 

25 November 2020 with another system which does 


kjohnson on DSK79L0C42 with BILLS
295 

HR 1 PCS

1 meet such requirements and is in compliance 

2 with such guidelines; 

3 ‘‘(2) to carry out voting system security im4 provements described in section 298A with respect 

5 to the regularly scheduled general elections for Fed6 eral office held in November 2020 and each suc7 ceeding election for Federal office; and 

8 ‘‘(3) to implement and model best practices for 

9 ballot design, ballot instructions, and the testing of 

10 ballots. 

11 ‘‘(b) AMOUNT OF GRANT.—The amount of a grant 

12 made to a State under this section shall be such amount 

13 as the Commission determines to be appropriate, except 

14 that such amount may not be less than the product of 

15 $1 and the average of the number of individuals who cast 

16 votes in any of the two most recent regularly scheduled 

17 general elections for Federal office held in the State. 

18 ‘‘(c) PRO RATA REDUCTIONS.—If the amount of 

19 funds appropriated for grants under this part is insuffi20 cient to ensure that each State receives the amount of the 

21 grant calculated under subsection (b), the Commission 

22 shall make such pro rata reductions in such amounts as 

23 may be necessary to ensure that the entire amount appro24 priated under this part is distributed to the States. 


kjohnson on DSK79L0C42 with BILLS
296 

HR 1 PCS

1 ‘‘(d) SURPLUS APPROPRIATIONS.—If the amount of 

2 funds appropriated for grants authorized under section 

3 298D(a)(2) exceed the amount necessary to meet the re4 quirements of subsection (b), the Commission shall con5 sider the following in making a determination to award 

6 remaining funds to a State: 

7 ‘‘(1) The record of the State in carrying out the 

8 following with respect to the administration of elec9 tions for Federal office: 

10 ‘‘(A) Providing voting machines that are 

11 less than 10 years old. 

12 ‘‘(B) Implementing strong chain of custody 

13 procedures for the physical security of voting 

14 equipment and paper records at all stages of 

15 the process. 

16 ‘‘(C) Conducting pre-election testing on 

17 every voting machine and ensuring that paper 

18 ballots are available wherever electronic ma19 chines are used. 

20 ‘‘(D) Maintaining offline backups of voter 

21 registration lists. 

22 ‘‘(E) Providing a secure voter registration 

23 database that logs requests submitted to the 

24 database. 


kjohnson on DSK79L0C42 with BILLS
297 

HR 1 PCS

1 ‘‘(F) Publishing and enforcing a policy de2 tailing use limitations and security safeguards 

3 to protect the personal information of voters in 

4 the voter registration process. 

5 ‘‘(G) Providing secure processes and proce6 dures for reporting vote tallies. 

7 ‘‘(H) Providing a secure platform for dis8 seminating vote totals. 

9 ‘‘(2) Evidence of established conditions of inno10 vation and reform in providing voting system secu11 rity and the proposed plan of the State for imple12 menting additional conditions. 

13 ‘‘(3) Evidence of collaboration between relevant 

14 stakeholders, including local election officials, in de15 veloping the grant implementation plan described in 

16 section 298B. 

17 ‘‘(4) The plan of the State to conduct a rig18 orous evaluation of the effectiveness of the activities 

19 carried out with the grant. 

20 ‘‘(e) ABILITY OF REPLACEMENT SYSTEMS TO AD21 MINISTER RANKED CHOICE ELECTIONS.—To the greatest 

22 extent practicable, an eligible State which receives a grant 

23 to replace a voting system under this section shall ensure 

24 that the replacement system is capable of administering 

25 a system of ranked choice voting under which each voter 


kjohnson on DSK79L0C42 with BILLS
298 

HR 1 PCS

1 shall rank the candidates for the office in the order of 

2 the voter’s preference. 

3 ‘‘SEC. 298A. VOTING SYSTEM SECURITY IMPROVEMENTS 

4 DESCRIBED. 

5 ‘‘(a) PERMITTED USES.—A voting system security 

6 improvement described in this section is any of the fol7 lowing: 

8 ‘‘(1) The acquisition of goods and services from 

9 qualified election infrastructure vendors by purchase, 

10 lease, or such other arrangements as may be appro11 priate. 

12 ‘‘(2) Cyber and risk mitigation training. 

13 ‘‘(3) A security risk and vulnerability assess14 ment of the State’s election infrastructure which is 

15 carried out by a provider of cybersecurity services 

16 under a contract entered into between the chief 

17 State election official and the provider. 

18 ‘‘(4) The maintenance of election infrastruc19 ture, including addressing risks and vulnerabilities 

20 which are identified under either of the security risk 

21 and vulnerability assessments described in para22 graph (3), except that none of the funds provided 

23 under this part may be used to renovate or replace 

24 a building or facility which is used primarily for purVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00298 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
299 

HR 1 PCS

1 poses other than the administration of elections for 

2 public office. 

3 ‘‘(5) Providing increased technical support for 

4 any information technology infrastructure that the 

5 chief State election official deems to be part of the 

6 State’s election infrastructure or designates as crit7 ical to the operation of the State’s election infra8 structure. 

9 ‘‘(6) Enhancing the cybersecurity and oper10 ations of the information technology infrastructure 

11 described in paragraph (4). 

12 ‘‘(7) Enhancing the cybersecurity of voter reg13 istration systems. 

14 ‘‘(b) QUALIFIED ELECTION INFRASTRUCTURE VEN15 DORS DESCRIBED.— 

16 ‘‘(1) IN GENERAL.—For purposes of this part, 

17 a ‘qualified election infrastructure vendor’ is any 

18 person who provides, supports, or maintains, or who 

19 seeks to provide, support, or maintain, election in20 frastructure on behalf of a State, unit of local gov21 ernment, or election agency (as defined in section 

22 3501 of the Election Security Act) who meets the 

23 criteria described in paragraph (2). 

24 ‘‘(2) CRITERIA.—The criteria described in this 

25 paragraph are such criteria as the Chairman, in coVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00299 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
300 

HR 1 PCS

1 ordination with the Secretary of Homeland Security, 

2 shall establish and publish, and shall include each of 

3 the following requirements: 

4 ‘‘(A) The vendor must be owned and con5 trolled by a citizen or permanent resident of the 

6 United States. 

7 ‘‘(B) The vendor must disclose to the 

8 Chairman and the Secretary, and to the chief 

9 State election official of any State to which the 

10 vendor provides any goods and services with 

11 funds provided under this part, of any sourcing 

12 outside the United States for parts of the elec13 tion infrastructure. 

14 ‘‘(C) The vendor agrees to ensure that the 

15 election infrastructure will be developed and 

16 maintained in a manner that is consistent with 

17 the cybersecurity best practices issued by the 

18 Technical Guidelines Development Committee. 

19 ‘‘(D) The vendor agrees to maintain its in20 formation technology infrastructure in a man21 ner that is consistent with the cybersecurity 

22 best practices issued by the Technical Guide23 lines Development Committee. 

24 ‘‘(E) The vendor agrees to meet the re25 quirements of paragraph (3) with respect to 


kjohnson on DSK79L0C42 with BILLS
301 

HR 1 PCS

1 any known or suspected cybersecurity incidents 

2 involving any of the goods and services provided 

3 by the vendor pursuant to a grant under this 

4 part. 

5 ‘‘(F) The vendor agrees to permit inde6 pendent security testing by the Commission (in 

7 accordance with section 231(a)) and by the Sec8 retary of the goods and services provided by the 

9 vendor pursuant to a grant under this part. 

10 ‘‘(3) CYBERSECURITY INCIDENT REPORTING

11 REQUIREMENTS.— 

12 ‘‘(A) IN GENERAL.—A vendor meets the 

13 requirements of this paragraph if, upon becom14 ing aware of the possibility that an election cy15 bersecurity incident has occurred involving any 

16 of the goods and services provided by the ven17 dor pursuant to a grant under this part— 

18 ‘‘(i) the vendor promptly assesses 

19 whether or not such an incident occurred, 

20 and submits a notification meeting the re21 quirements of subparagraph (B) to the 

22 Secretary and the Chairman of the assess23 ment as soon as practicable (but in no case 

24 later than 3 days after the vendor first beVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00301 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
302 

HR 1 PCS

1 comes aware of the possibility that the in2 cident occurred); 

3 ‘‘(ii) if the incident involves goods or 

4 services provided to an election agency, the 

5 vendor submits a notification meeting the 

6 requirements of subparagraph (B) to the 

7 agency as soon as practicable (but in no 

8 case later than 3 days after the vendor 

9 first becomes aware of the possibility that 

10 the incident occurred), and cooperates with 

11 the agency in providing any other nec12 essary notifications relating to the inci13 dent; and 

14 ‘‘(iii) the vendor provides all necessary 

15 updates to any notification submitted 

16 under clause (i) or clause (ii). 

17 ‘‘(B) CONTENTS OF NOTIFICATIONS.— 

18 Each notification submitted under clause (i) or 

19 clause (ii) of subparagraph (A) shall contain 

20 the following information with respect to any 

21 election cybersecurity incident covered by the 

22 notification: 

23 ‘‘(i) The date, time, and time zone 

24 when the election cybersecurity incident 

25 began, if known. 


kjohnson on DSK79L0C42 with BILLS
303 

HR 1 PCS

1 ‘‘(ii) The date, time, and time zone 

2 when the election cybersecurity incident 

3 was detected. 

4 ‘‘(iii) The date, time, and duration of 

5 the election cybersecurity incident. 

6 ‘‘(iv) The circumstances of the elec7 tion cybersecurity incident, including the 

8 specific election infrastructure systems be9 lieved to have been accessed and informa10 tion acquired, if any. 

11 ‘‘(v) Any planned and implemented 

12 technical measures to respond to and re13 cover from the incident. 

14 ‘‘(vi) In the case of any notification 

15 which is an update to a prior notification, 

16 any additional material information relat17 ing to the incident, including technical 

18 data, as it becomes available. 

19 ‘‘SEC. 298B. ELIGIBILITY OF STATES. 

20 ‘‘A State is eligible to receive a grant under this part 

21 if the State submits to the Commission, at such time and 

22 in such form as the Commission may require, an applica23 tion containing— 


kjohnson on DSK79L0C42 with BILLS
304 

HR 1 PCS

1 ‘‘(1) a description of how the State will use the 

2 grant to carry out the activities authorized under 

3 this part; 

4 ‘‘(2) a certification and assurance that, not 

5 later than 5 years after receiving the grant, the 

6 State will carry out risk-limiting audits and will 

7 carry out voting system security improvements, as 

8 described in section 298A; and 

9 ‘‘(3) such other information and assurances as 

10 the Commission may require. 

11 ‘‘SEC. 298C. REPORTS TO CONGRESS. 

12 ‘‘Not later than 90 days after the end of each fiscal 

13 year, the Commission shall submit a report to the appro14 priate congressional committees, including the Committees 

15 on Homeland Security, House Administration, and the Ju16 diciary of the House of Representatives and the Commit17 tees on Homeland Security and Governmental Affairs, the 

18 Judiciary, and Rules and Administration of the Senate, 

19 on the activities carried out with the funds provided under 

20 this part. 

21 ‘‘SEC. 298D. AUTHORIZATION OF APPROPRIATIONS. 

22 ‘‘(a) AUTHORIZATION.—There are authorized to be 

23 appropriated for grants under this part— 

24 ‘‘(1) $1,000,000,000 for fiscal year 2019; and 


kjohnson on DSK79L0C42 with BILLS
305 

HR 1 PCS

1 ‘‘(2) $175,000,000 for each of the fiscal years 

2 2020, 2022, 2024, and 2026. 

3 ‘‘(b) CONTINUING AVAILABILITY OF AMOUNTS.—Any 

4 amounts appropriated pursuant to the authorization of 

5 this section shall remain available until expended.’’. 

6 (b) CLERICAL AMENDMENT.—The table of contents 

7 of such Act, as amended by section 1905(b), is amended 

8 by adding at the end of the items relating to subtitle D 

9 of title II the following: 

‘‘PART 8—GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING

SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS

‘‘Sec. 298. Grants for obtaining compliant paper ballot voting systems and 

carrying out voting system security improvements. 

‘‘Sec. 298A. Voting system security improvements described. 

‘‘Sec. 298B. Eligibility of States. 

‘‘Sec. 298C. Reports to Congress. 

‘‘Sec. 298D. Authorization of appropriations. 

10 SEC. 3002. COORDINATION OF VOTING SYSTEM SECURITY 

11 ACTIVITIES WITH USE OF REQUIREMENTS 

12 PAYMENTS AND ELECTION ADMINISTRATION 

13 REQUIREMENTS UNDER HELP AMERICA 

14 VOTE ACT OF 2002. 

15 (a) DUTIES OF ELECTION ASSISTANCE COMMIS16 SION.—Section 202 of the Help America Vote Act of 2002 

17 (52 U.S.C. 20922) is amended in the matter preceding 

18 paragraph (1) by striking ‘‘by’’ and inserting ‘‘and the se19 curity of election infrastructure by’’. 

20 (b) MEMBERSHIP OF SECRETARY OF HOMELAND SE21 CURITY ON BOARD OF ADVISORS OF ELECTION ASSISTVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00305 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
306 

HR 1 PCS

1 ANCE COMMISSION.—Section 214(a) of such Act (52 

2 U.S.C. 20944(a)) is amended— 

3 (1) by striking ‘‘37 members’’ and inserting 

4 ‘‘38 members’’; and 

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

6 paragraph: 

7 ‘‘(17) The Secretary of Homeland Security or 

8 the Secretary’s designee.’’. 

9 (c) REPRESENTATIVE OF DEPARTMENT OF HOME10 LAND SECURITY ON TECHNICAL GUIDELINES DEVELOP11 MENT COMMITTEE.—Section 221(c)(1) of such Act (52 

12 U.S.C. 20961(c)(1)) is amended— 

13 (1) by redesignating subparagraph (E) as sub14 paragraph (F); and 

15 (2) by inserting after subparagraph (D) the fol16 lowing new subparagraph: 

17 ‘‘(E) A representative of the Department 

18 of Homeland Security.’’. 

19 (d) GOALS OF PERIODIC STUDIES OF ELECTION AD20 MINISTRATION ISSUES; CONSULTATION WITH SECRETARY

21 OF HOMELAND SECURITY.—Section 241(a) of such Act 

22 (52 U.S.C. 20981(a)) is amended— 

23 (1) in the matter preceding paragraph (1), by 

24 striking ‘‘the Commission shall’’ and inserting ‘‘the 


kjohnson on DSK79L0C42 with BILLS
307 

HR 1 PCS

1 Commission, in consultation with the Secretary of 

2 Homeland Security (as appropriate), shall’’; 

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

4 (3); 

5 (3) by redesignating paragraph (4) as para6 graph (5); and 

7 (4) by inserting after paragraph (3) the fol8 lowing new paragraph: 

9 ‘‘(4) will be secure against attempts to under10 mine the integrity of election systems by cyber or 

11 other means; and’’. 

12 (e) REQUIREMENTS PAYMENTS.— 

13 (1) USE OF PAYMENTS FOR VOTING SYSTEM

14 SECURITY IMPROVEMENTS.—Section 251(b) of such 

15 Act (52 U.S.C. 21001(b)), as amended by section 

16 1061(a)(2), is further amended by adding at the end 

17 the following new paragraph: 

18 ‘‘(5) PERMITTING USE OF PAYMENTS FOR VOT19 ING SYSTEM SECURITY IMPROVEMENTS.—A State 

20 may use a requirements payment to carry out any 

21 of the following activities: 

22 ‘‘(A) Cyber and risk mitigation training. 

23 ‘‘(B) Providing increased technical support 

24 for any information technology infrastructure 

25 that the chief State election official deems to be 


kjohnson on DSK79L0C42 with BILLS
308 

HR 1 PCS

1 part of the State’s election infrastructure or 

2 designates as critical to the operation of the 

3 State’s election infrastructure. 

4 ‘‘(C) Enhancing the cybersecurity and op5 erations of the information technology infra6 structure described in subparagraph (B). 

7 ‘‘(D) Enhancing the security of voter reg8 istration databases.’’. 

9 (2) INCORPORATION OF ELECTION INFRA10 STRUCTURE PROTECTION IN STATE PLANS FOR USE

11 OF PAYMENTS.—Section 254(a)(1) of such Act (52 

12 U.S.C. 21004(a)(1)) is amended by striking the pe13 riod at the end and inserting ‘‘, including the protec14 tion of election infrastructure.’’. 

15 (3) COMPOSITION OF COMMITTEE RESPONSIBLE

16 FOR DEVELOPING STATE PLAN FOR USE OF PAY17 MENTS.—Section 255 of such Act (52 U.S.C. 

18 21005) is amended— 

19 (A) by redesignating subsection (b) as sub20 section (c); and 

21 (B) by inserting after subsection (a) the 

22 following new subsection: 

23 ‘‘(b) GEOGRAPHIC REPRESENTATION.—The mem24 bers of the committee shall be a representative group of 

25 individuals from the State’s counties, cities, towns, and 


kjohnson on DSK79L0C42 with BILLS
309 

HR 1 PCS

1 Indian tribes, and shall represent the needs of rural as 

2 well as urban areas of the State, as the case may be.’’. 

3 (f) ENSURING PROTECTION OF COMPUTERIZED

4 STATEWIDE VOTER REGISTRATION LIST.—Section 

5 303(a)(3) of such Act (52 U.S.C. 21083(a)(3)) is amend6 ed by striking the period at the end and inserting ‘‘, as 

7 well as other measures to prevent and deter cybersecurity 

8 incidents, as identified by the Commission, the Secretary 

9 of Homeland Security, and the Technical Guidelines De10 velopment Committee.’’. 

11 SEC. 3003. INCORPORATION OF DEFINITIONS. 

12 (a) IN GENERAL.—Section 901 of the Help America 

13 Vote Act of 2002 (52 U.S.C. 21141) is amended to read 

14 as follows: 

15 ‘‘SEC. 901. DEFINITIONS. 

16 ‘‘In this Act, the following definitions apply: 

17 ‘‘(1) The term ‘cybersecurity incident’ has the 

18 meaning given the term ‘incident’ in section 227 of 

19 the Homeland Security Act of 2002 (6 U.S.C. 148). 

20 ‘‘(2) The term ‘election infrastructure’ has the 

21 meaning given such term in section 3501 of the 

22 Election Security Act. 

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

24 States, the District of Columbia, the Commonwealth 

25 of Puerto Rico, Guam, American Samoa, the United 


kjohnson on DSK79L0C42 with BILLS
310 

HR 1 PCS

1 States Virgin Islands, and the Commonwealth of the 

2 Northern Mariana Islands.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 of such Act is amended by amending the item relating to 

5 section 901 to read as follows: 

‘‘Sec. 901. Definitions.’’. 

6 PART 2—GRANTS FOR RISK-LIMITING AUDITS OF 

7 RESULTS OF ELECTIONS 

8 SEC. 3011. GRANTS TO STATES FOR CONDUCTING RISK-LIM9 ITING AUDITS OF RESULTS OF ELECTIONS. 

10 (a) AVAILABILITY OF GRANTS.—Subtitle D of title 

11 II of the Help America Vote Act of 2002 (52 U.S.C. 

12 21001 et seq.), as amended by sections 1905(a) and 

13 3001(a), is amended by adding at the end the following 

14 new part: 

15 ‘‘PART 9—GRANTS FOR CONDUCTING RISK16 LIMITING AUDITS OF RESULTS OF ELECTIONS 

17 ‘‘SEC. 299. GRANTS FOR CONDUCTING RISK-LIMITING AU18 DITS OF RESULTS OF ELECTIONS. 

19 ‘‘(a) AVAILABILITY OF GRANTS.—The Commission 

20 shall make a grant to each eligible State to conduct risk21 limiting audits as described in subsection (b) with respect 

22 to the regularly scheduled general elections for Federal of23 fice held in November 2020 and each succeeding election 

24 for Federal office. 


kjohnson on DSK79L0C42 with BILLS
311 

HR 1 PCS

1 ‘‘(b) RISK-LIMITING AUDITS DESCRIBED.—In this 

2 part, a ‘risk-limiting audit’ is a post-election process— 

3 ‘‘(1) which is conducted in accordance with 

4 rules and procedures established by the chief State 

5 election official of the State which meet the require6 ments of subsection (c); and 

7 ‘‘(2) under which, if the reported outcome of 

8 the election is incorrect, there is at least a predeter9 mined percentage chance that the audit will replace 

10 the incorrect outcome with the correct outcome as 

11 determined by a full, hand-to-eye tabulation of all 

12 votes validly cast in that election that ascertains 

13 voter intent manually and directly from voter14 verifiable paper records. 

15 ‘‘(c) REQUIREMENTS FOR RULES AND PROCE16 DURES.—The rules and procedures established for con17 ducting a risk-limiting audit shall include the following 

18 elements: 

19 ‘‘(1) Rules for ensuring the security of ballots 

20 and documenting that prescribed procedures were 

21 followed. 

22 ‘‘(2) Rules and procedures for ensuring the ac23 curacy of ballot manifests produced by election agen24 cies. 


kjohnson on DSK79L0C42 with BILLS
312 

HR 1 PCS

1 ‘‘(3) Rules and procedures for governing the 

2 format of ballot manifests, cast vote records, and 

3 other data involved in the audit. 

4 ‘‘(4) Methods to ensure that any cast vote 

5 records used in the audit are those used by the vot6 ing system to tally the election results sent to the 

7 chief State election official and made public. 

8 ‘‘(5) Procedures for the random selection of 

9 ballots to be inspected manually during each audit. 

10 ‘‘(6) Rules for the calculations and other meth11 ods to be used in the audit and to determine wheth12 er and when the audit of an election is complete. 

13 ‘‘(7) Procedures and requirements for testing 

14 any software used to conduct risk-limiting audits. 

15 ‘‘(d) DEFINITIONS.—In this part, the following defi16 nitions apply: 

17 ‘‘(1) The term ‘ballot manifest’ means a record 

18 maintained by each election agency that meets each 

19 of the following requirements: 

20 ‘‘(A) The record is created without reliance 

21 on any part of the voting system used to tab22 ulate votes. 

23 ‘‘(B) The record functions as a sampling 

24 frame for conducting a risk-limiting audit. 


kjohnson on DSK79L0C42 with BILLS
313 

HR 1 PCS

1 ‘‘(C) The record contains the following in2 formation with respect to the ballots cast and 

3 counted in the election: 

4 ‘‘(i) The total number of ballots cast 

5 and counted by the agency (including 

6 undervotes, overvotes, and other invalid 

7 votes). 

8 ‘‘(ii) The total number of ballots cast 

9 in each election administered by the agency 

10 (including undervotes, overvotes, and other 

11 invalid votes). 

12 ‘‘(iii) A precise description of the 

13 manner in which the ballots are physically 

14 stored, including the total number of phys15 ical groups of ballots, the numbering sys16 tem for each group, a unique label for each 

17 group, and the number of ballots in each 

18 such group. 

19 ‘‘(2) The term ‘incorrect outcome’ means an 

20 outcome that differs from the outcome that would be 

21 determined by a full tabulation of all votes validly 

22 cast in the election, determining voter intent manu23 ally, directly from voter-verifiable paper records. 

24 ‘‘(3) The term ‘outcome’ means the winner of 

25 an election, whether a candidate or a position. 


kjohnson on DSK79L0C42 with BILLS
314 

HR 1 PCS

1 ‘‘(4) The term ‘reported outcome’ means the 

2 outcome of an election which is determined accord3 ing to the canvass and which will become the official, 

4 certified outcome unless it is revised by an audit, re5 count, or other legal process. 

6 ‘‘SEC. 299A. ELIGIBILITY OF STATES. 

7 ‘‘A State is eligible to receive a grant under this part 

8 if the State submits to the Commission, at such time and 

9 in such form as the Commission may require, an applica10 tion containing— 

11 ‘‘(1) a certification that, not later than 5 years 

12 after receiving the grant, the State will conduct risk13 limiting audits of the results of elections for Federal 

14 office held in the State as described in section 299; 

15 ‘‘(2) a certification that, not later than one year 

16 after the date of the enactment of this section, the 

17 chief State election official of the State has estab18 lished or will establish the rules and procedures for 

19 conducting the audits which meet the requirements 

20 of section 299(c); 

21 ‘‘(3) a certification that the audit shall be com22 pleted not later than the date on which the State 

23 certifies the results of the election; 

24 ‘‘(4) a certification that, after completing the 

25 audit, the State shall publish a report on the results 


kjohnson on DSK79L0C42 with BILLS
315 

HR 1 PCS

1 of the audit, together with such information as nec2 essary to confirm that the audit was conducted prop3 erly; 

4 ‘‘(5) a certification that, if a risk-limiting audit 

5 conducted under this part leads to a full manual 

6 tally of an election, State law requires that the State 

7 or election agency shall use the results of the full 

8 manual tally as the official results of the election; 

9 and 

10 ‘‘(6) such other information and assurances as 

11 the Commission may require. 

12 ‘‘SEC. 299B. AUTHORIZATION OF APPROPRIATIONS. 

13 ‘‘There are authorized to be appropriated for grants 

14 under this part $20,000,000 for fiscal year 2019, to re15 main available until expended.’’. 

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

17 of such Act, as amended by sections 1905(b) and 3001(b), 

18 is further amended by adding at the end of the items relat19 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. 

20 SEC. 3012. GAO ANALYSIS OF EFFECTS OF AUDITS. 

21 (a) ANALYSIS.—Not later than 6 months after the 

22 first election for Federal office is held after grants are 


kjohnson on DSK79L0C42 with BILLS
316 

HR 1 PCS

1 first awarded to States for conducting risk-limiting audits 

2 under part 9 of subtitle D of title II of the Help America 

3 Vote Act of 2002 (as added by section 3011) for con4 ducting risk-limiting audits of elections for Federal office, 

5 the Comptroller General of the United States shall con6 duct an analysis of the extent to which such audits have 

7 improved the administration of such elections and the se8 curity of election infrastructure in the States receiving 

9 such grants. 

10 (b) REPORT.—The Comptroller General of the 

11 United States shall submit a report on the analysis con12 ducted under subsection (a) to the appropriate congres13 sional committees. 

14 PART 3—ELECTION INFRASTRUCTURE 

15 INNOVATION GRANT PROGRAM 

16 SEC. 3021. ELECTION INFRASTRUCTURE INNOVATION 

17 GRANT PROGRAM. 

18 (a) IN GENERAL.—Title III of the Homeland Secu19 rity Act of 2002 (6 U.S.C. 181 et seq.) is amended— 

20 (1) by redesignating the second section 319 (re21 lating to EMP and GMD mitigation research and 

22 development) as section 320; and 

23 (2) by adding at the end the following new sec24 tion: 


kjohnson on DSK79L0C42 with BILLS
317 

HR 1 PCS

1 ‘‘SEC. 321. ELECTION INFRASTRUCTURE INNOVATION 

2 GRANT PROGRAM. 

3 ‘‘(a) ESTABLISHMENT.—The Secretary, acting 

4 through the Under Secretary for Science and Technology, 

5 in coordination with the Chairman of the Election Assist6 ance Commission (established pursuant to the Help Amer7 ica Vote Act of 2002) and in consultation with the Direc8 tor of the National Science Foundation and the Director 

9 of the National Institute of Standards and Technology, 

10 shall establish a competitive grant program to award 

11 grants to eligible entities, on a competitive basis, for pur12 poses of research and development that are determined to 

13 have the potential to significantly improve the security (in14 cluding cybersecurity), quality, reliability, accuracy, acces15 sibility, and affordability of election infrastructure, and in16 crease voter participation. 

17 ‘‘(b) REPORT TO CONGRESS.—Not later than 90 days 

18 after the conclusion of each fiscal year for which grants 

19 are awarded under this section, the Secretary shall submit 

20 to the Committee on Homeland Security and the Com21 mittee on House Administration of the House of Rep22 resentatives and the Committee on Homeland Security 

23 and Governmental Affairs and the Committee on Rules 

24 and Administration of the Senate a report describing such 

25 grants and analyzing the impact, if any, of such grants 


kjohnson on DSK79L0C42 with BILLS
318 

HR 1 PCS

1 on the security and operation of election infrastructure, 

2 and on voter participation. 

3 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

4 is authorized to be appropriated to the Secretary 

5 $20,000,000 for each of fiscal years 2019 through 2027 

6 for purposes of carrying out this section. 

7 ‘‘(d) ELIGIBLE ENTITY DEFINED.—In this section, 

8 the term ‘eligible entity’ means— 

9 ‘‘(1) an institution of higher education (as de10 fined in section 101(a) of the Higher Education Act 

11 of 1965 (20 U.S.C. 1001(a)), including an institu12 tion of higher education that is a historically Black 

13 college or university (which has the meaning given 

14 the term ‘‘part B institution’’ in section 322 of such 

15 Act (20 U.S.C. 1061)) or other minority-serving in16 stitution listed in section 371(a) of such Act (20 

17 U.S.C. 1067q(a)); 

18 ‘‘(2) an organization described in section 

19 501(c)(3) of the Internal Revenue Code of 1986 and 

20 exempt from tax under section 501(a) of such Code; 

21 or 

22 ‘‘(3) an organization, association, or a for-profit 

23 company, including a small business concern (as 

24 such term is defined under section 3 of the Small 

25 Business Act (15 U.S.C. 632)), including a small 


kjohnson on DSK79L0C42 with BILLS
319 

HR 1 PCS

1 business concern owned and controlled by socially 

2 and economically disadvantaged individuals as de3 fined under section 8(d)(3)(C) of the Small Business 

4 Act (15 U.S.C. 637(d)(3)(C)).’’. 

5 (b) DEFINITION.—Section 2 of the Homeland Secu6 rity Act of 2002 (6 U.S.C. 101) is amended— 

7 (1) by redesignating paragraphs (6) through 

8 (20) as paragraphs (7) through (21), respectively; 

9 and 

10 (2) by inserting after paragraph (5) the fol11 lowing new paragraph: 

12 ‘‘(6) ELECTION INFRASTRUCTURE.—The term 

13 ‘election infrastructure’ means storage facilities, 

14 polling places, and centralized vote tabulation loca15 tions used to support the administration of elections 

16 for public office, as well as related information and 

17 communications technology, including voter registra18 tion databases, voting machines, electronic mail and 

19 other communications systems (including electronic 

20 mail and other systems of vendors who have entered 

21 into contracts with election agencies to support the 

22 administration of elections, manage the election 

23 process, and report and display election results), and 

24 other systems used to manage the election process 


kjohnson on DSK79L0C42 with BILLS
320 

HR 1 PCS

1 and to report and display election results on behalf 

2 of an election agency.’’. 

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

4 in section 1(b) of the Homeland Security Act of 2002 is 

5 amended by striking both items relating to section 319 

6 and the item relating to section 318 and inserting the fol7 lowing new items: 

‘‘Sec. 318. Social media working group. 

‘‘Sec. 319. Transparency in research and development. 

‘‘Sec. 320. EMP and GMD mitigation research and development. 

‘‘Sec. 321. Election infrastructure innovation grant program.’’. 

8 Subtitle B—Security Measures 

9 SEC. 3101. ELECTION INFRASTRUCTURE DESIGNATION. 

10 Subparagraph (J) of section 2001(3) of the Home11 land Security Act of 2002 (6 U.S.C. 601(3)) is amended 

12 by inserting ‘‘, including election infrastructure’’ before 

13 the period at the end. 

14 SEC. 3102. TIMELY THREAT INFORMATION. 

15 Subsection (d) of section 201 of the Homeland Secu16 rity Act of 2002 (6 U.S.C. 121) is amended by adding 

17 at the end the following new paragraph: 

18 ‘‘(24) To provide timely threat information re19 garding election infrastructure to the chief State 

20 election official of the State with respect to which 

21 such information pertains.’’. 


kjohnson on DSK79L0C42 with BILLS
321 

HR 1 PCS

1 SEC. 3103. SECURITY CLEARANCE ASSISTANCE FOR ELEC2 TION OFFICIALS. 

3 In order to promote the timely sharing of information 

4 on threats to election infrastructure, the Secretary may— 

5 (1) help expedite a security clearance for the 

6 chief State election official and other appropriate 

7 State personnel involved in the administration of 

8 elections, as designated by the chief State election 

9 official; 

10 (2) sponsor a security clearance for the chief 

11 State election official and other appropriate State 

12 personnel involved in the administration of elections, 

13 as designated by the chief State election official; and 

14 (3) facilitate the issuance of a temporary clear15 ance to the chief State election official and other ap16 propriate State personnel involved in the administra17 tion of elections, as designated by the chief State 

18 election official, if the Secretary determines classi19 fied information to be timely and relevant to the 

20 election infrastructure of the State at issue. 

21 SEC. 3104. SECURITY RISK AND VULNERABILITY ASSESS22 MENTS. 

23 (a) IN GENERAL.—Paragraph (6) of section 2209(c) 

24 of the Homeland Security Act of 2002 (6 U.S.C. 659(c)) 

25 is amended by inserting ‘‘(including by carrying out a seVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00321 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
322 

HR 1 PCS

1 curity risk and vulnerability assessment)’’ after ‘‘risk 

2 management support’’. 

3 (b) PRIORITIZATION TO ENHANCE ELECTION SECU4 RITY.— 

5 (1) IN GENERAL.—Not later than 90 days after 

6 receiving a written request from a chief State elec7 tion official, the Secretary shall, to the extent prac8 ticable, commence a security risk and vulnerability 

9 assessment (pursuant to paragraph (6) of section 

10 2209(c) of the Homeland Security Act of 2002, as 

11 amended by subsection (a)) on election infrastruc12 ture in the State at issue. 

13 (2) NOTIFICATION.—If the Secretary, upon re14 ceipt of a request described in paragraph (1), deter15 mines that a security risk and vulnerability assess16 ment cannot be commenced within 90 days, the Sec17 retary shall expeditiously notify the chief State elec18 tion official who submitted such request. 

19 SEC. 3105. ANNUAL REPORTS. 

20 (a) REPORTS ON ASSISTANCE AND ASSESSMENTS.— 

21 Not later than one year after the date of the enactment 

22 of this Act and annually thereafter through 2026, the Sec23 retary shall submit to the appropriate congressional com24 mittees— 


kjohnson on DSK79L0C42 with BILLS
323 

HR 1 PCS

1 (1) efforts to carry out section 203 during the 

2 prior year, including specific information on which 

3 States were helped, how many officials have been 

4 helped in each State, how many security clearances 

5 have been sponsored in each State, and how many 

6 temporary clearances have been issued in each State; 

7 and 

8 (2) efforts to carry out section 205 during the 

9 prior year, including specific information on which 

10 States were helped, the dates on which the Secretary 

11 received a request for a security risk and vulner12 ability assessment pursuant to such section, the 

13 dates on which the Secretary commenced each such 

14 request, and the dates on which the Secretary trans15 mitted a notification in accordance with subsection 

16 (b)(2) of such section. 

17 (b) REPORTS ON FOREIGN THREATS.—Not later 

18 than 90 days after the end of each fiscal year (beginning 

19 with fiscal year 2019), the Secretary and the Director of 

20 National Intelligence, in coordination with the heads of 

21 appropriate offices of the Federal government, shall sub22 mit a joint report to the appropriate congressional com23 mittees on foreign threats to elections in the United 

24 States, including physical and cybersecurity threats. 


kjohnson on DSK79L0C42 with BILLS
324 

HR 1 PCS

1 (c) INFORMATION FROM STATES.—For purposes of 

2 preparing the reports required under this section, the Sec3 retary shall solicit and consider information and comments 

4 from States and election agencies, except that the provi5 sion of such information and comments by a State or elec6 tion agency shall be voluntary and at the discretion of the 

7 State or agency. 

8 SEC. 3106. PRE-ELECTION THREAT ASSESSMENTS. 

9 (a) SUBMISSION OF ASSESSMENT BY DNI.—Not 

10 later than 180 days before the date of each regularly 

11 scheduled general election for Federal office, the Director 

12 of National Intelligence shall submit an assessment of the 

13 full scope of threats to election infrastructure, including 

14 cybersecurity threats posed by state actors and terrorist 

15 groups, and recommendations to address or mitigate the 

16 threats, as developed by the Secretary and Chairman, to— 

17 (1) the chief State election official of each 

18 State; 

19 (2) the Committees on Homeland Security and 

20 House Administration of the House of Representa21 tives and the Committees on Homeland Security and 

22 Governmental Affairs and Rules and Administration 

23 of the Senate; and 

24 (3) any other appropriate congressional com25 mittees. 


kjohnson on DSK79L0C42 with BILLS
325 

HR 1 PCS

1 (b) UPDATES TO INITIAL ASSESSMENTS.—If, at any 

2 time after submitting an assessment with respect to an 

3 election under subsection (a), the Director of National In4 telligence determines that the assessment should be up5 dated to reflect new information regarding the threats in6 volved, the Director shall submit a revised assessment 

7 under such subsection. 

8 (c) DEFINITIONS.—In this section, the following defi9 nitions apply: 

10 (1) The term ‘‘Chairman’’ means the chair of 

11 the Election Assistance Commission. 

12 (2) The term ‘‘chief State election official’’ 

13 means, with respect to a State, the individual des14 ignated by the State under section 10 of the Na15 tional Voter Registration Act of 1993 (52 U.S.C. 

16 20509) to be responsible for coordination of the 

17 State’s responsibilities under such Act. 

18 (3) The term ‘‘election infrastructure’’ means 

19 storage facilities, polling places, and centralized vote 

20 tabulation locations used to support the administra21 tion of elections for public office, as well as related 

22 information and communications technology, includ23 ing voter registration databases, voting machines, 

24 electronic mail and other communications systems 

25 (including electronic mail and other systems of venVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00325 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
326 

HR 1 PCS

1 dors who have entered into contracts with election 

2 agencies to support the administration of elections, 

3 manage the election process, and report and display 

4 election results), and other systems used to manage 

5 the election process and to report and display elec6 tion results on behalf of an election agency. 

7 (4) The term ‘‘Secretary’’ means the Secretary 

8 of Homeland Security. 

9 (5) The term ‘‘State’’ has the meaning given 

10 such term in section 901 of the Help America Vote 

11 Act of 2002 (52 U.S.C. 21141). 

12 (d) EFFECTIVE DATE.—This Act shall apply with re13 spect to the regularly scheduled general election for Fed14 eral office held in November 2020 and each succeeding 

15 regularly scheduled general election for Federal office. 

16 Subtitle C—Enhancing Protections 

17 for United States Democratic In18 stitutions 

19 SEC. 3201. NATIONAL STRATEGY TO PROTECT UNITED 

20 STATES DEMOCRATIC INSTITUTIONS. 

21 (a) IN GENERAL.—Not later than one year after the 

22 date of the enactment of this Act, the President, acting 

23 through the Secretary, in consultation with the Chairman, 

24 the Secretary of Defense, the Secretary of State, the At25 torney General, the Secretary of Education, the Director 


kjohnson on DSK79L0C42 with BILLS
327 

HR 1 PCS

1 of National Intelligence, the Chairman of the Federal 

2 Election Commission, and the heads of any other appro3 priate Federal agencies, shall issue a national strategy to 

4 protect against cyber attacks, influence operations, 

5 disinformation campaigns, and other activities that could 

6 undermine the security and integrity of United States 

7 democratic institutions. 

8 (b) CONSIDERATIONS.—The national strategy re9 quired under subsection (a) shall include consideration of 

10 the following: 

11 (1) The threat of a foreign state actor, foreign 

12 terrorist organization (as designated pursuant to 

13 section 219 of the Immigration and Nationality Act 

14 (8 U.S.C. 1189)), or a domestic actor carrying out 

15 a cyber attack, influence operation, disinformation 

16 campaign, or other activity aimed at undermining 

17 the security and integrity of United States demo18 cratic institutions. 

19 (2) The extent to which United States demo20 cratic institutions are vulnerable to a cyber attack, 

21 influence operation, disinformation campaign, or 

22 other activity aimed at undermining the security and 

23 integrity of such democratic institutions. 

24 (3) Potential consequences, such as an erosion 

25 of public trust or an undermining of the rule of law, 


kjohnson on DSK79L0C42 with BILLS
328 

HR 1 PCS

1 that could result from a successful cyber attack, in2 fluence operation, disinformation campaign, or other 

3 activity aimed at undermining the security and in4 tegrity of United States democratic institutions. 

5 (4) Lessons learned from other Western govern6 ments the institutions of which were subject to a 

7 cyber attack, influence operation, disinformation 

8 campaign, or other activity aimed at undermining 

9 the security and integrity of such institutions, as 

10 well as actions that could be taken by the United 

11 States Government to bolster collaboration with for12 eign partners to detect, deter, prevent, and counter 

13 such activities. 

14 (5) Potential impacts such as an erosion of 

15 public trust in democratic institutions as could be 

16 associated with a successful cyber breach or other 

17 activity negatively-affecting election infrastructure. 

18 (6) Roles and responsibilities of the Secretary, 

19 the Chairman, and the heads of other Federal enti20 ties and non-Federal entities, including chief State 

21 election officials and representatives of multi-state 

22 information sharing and analysis center. 

23 (7) Any findings, conclusions, and recommenda24 tions to strengthen protections for United States 

25 democratic institutions that have been agreed to by 


kjohnson on DSK79L0C42 with BILLS
329 

HR 1 PCS

1 a majority of Commission members on the National 

2 Commission to Protect United States Democratic 

3 Institutions, authorized pursuant to section 3202. 

4 (c) IMPLEMENTATION PLAN.—Not later than 90 

5 days after the issuance of the national strategy required 

6 under subsection (a), the President, acting through the 

7 Secretary, in coordination with the Chairman, shall issue 

8 an implementation plan for Federal efforts to implement 

9 such strategy that includes the following: 

10 (1) Strategic objectives and corresponding 

11 tasks. 

12 (2) Projected timelines and costs for the tasks 

13 referred to in paragraph (1). 

14 (3) Metrics to evaluate performance of such 

15 tasks. 

16 (d) CLASSIFICATION.—The national strategy re17 quired under subsection (a) shall be in unclassified form. 

18 (e) CIVIL RIGHTS REVIEW.—Not later than 60 days 

19 after the issuance of the national strategy required under 

20 subsection (a), and not later than 60 days after the 

21 issuance of the implementation plan required under sub22 section (c), the Privacy and Civil Liberties Oversight 

23 Board (established under section 1061 of the Intelligence 

24 Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 

25 2000ee)) shall submit a report to Congress on any potenVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00329 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
330 

HR 1 PCS

1 tial privacy and civil liberties impacts of such strategy and 

2 implementation plan, respectively. 

3 SEC. 3202. NATIONAL COMMISSION TO PROTECT UNITED 

4 STATES DEMOCRATIC INSTITUTIONS. 

5 (a) ESTABLISHMENT.—There is established within 

6 the legislative branch the National Commission to Protect 

7 United States Democratic Institutions (hereafter in this 

8 section referred to as the ‘‘Commission’’). 

9 (b) PURPOSE.—The purpose of the Commission is to 

10 counter efforts to undermine democratic institutions with11 in the United States. 

12 (c) COMPOSITION.— 

13 (1) MEMBERSHIP.—The Commission shall be 

14 composed of 10 members appointed for the life of 

15 the Commission as follows: 

16 (A) One member shall be appointed by the 

17 Secretary. 

18 (B) One member shall be appointed by the 

19 Chairman. 

20 (C) Two members shall be appointed by 

21 the majority leader of the Senate, in consulta22 tion with the Chairman of the Committee on 

23 Homeland Security and Governmental Affairs, 

24 the Chairman of the Committee on the JudiciVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00330 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
331 

HR 1 PCS

1 ary, and the Chairman of the Committee on 

2 Rules and Administration. 

3 (D) Two members shall be appointed by 

4 the minority leader of the Senate, in consulta5 tion with the ranking minority member of the 

6 Committee on Homeland Security and Govern7 mental Affairs, the ranking minority member of 

8 the Committee on the Judiciary, and the rank9 ing minority member of the Committee on 

10 Rules and Administration. 

11 (E) Two members shall be appointed by 

12 the Speaker of the House of Representatives, in 

13 consultation with the Chairman of the Com14 mittee on Homeland Security, the Chairman of 

15 the Committee on House Administration, and 

16 the Chairman of the Committee on the Judici17 ary. 

18 (F) Two members shall be appointed by 

19 the minority leader of the House of Representa20 tives, in consultation with the ranking minority 

21 member of the Committee on Homeland Secu22 rity, the ranking minority member of the Com23 mittee on the Judiciary, and the ranking minor24 ity member of the Committee on House Admin25 istration. 


kjohnson on DSK79L0C42 with BILLS
332 

HR 1 PCS

1 (2) QUALIFICATIONS.—Individuals shall be se2 lected for appointment to the Commission solely on 

3 the basis of their professional qualifications, achieve4 ments, public stature, experience, and expertise in 

5 relevant fields, including, but not limited to cyberse6 curity, national security, and the Constitution of the 

7 United States. 

8 (3) NO COMPENSATION FOR SERVICE.—Mem9 bers shall not receive compensation for service on 

10 the Commission, but shall receive travel expenses, 

11 including per diem in lieu of subsistence, in accord12 ance with chapter 57 of title 5, United States Code. 

13 (4) DEADLINE FOR APPOINTMENT.—All mem14 bers of the Commission shall be appointed no later 

15 than 60 days after the date of the enactment of this 

16 Act. 

17 (5) VACANCIES.—A vacancy on the Commission 

18 shall not affect its powers and shall be filled in the 

19 manner in which the original appointment was 

20 made. The appointment of the replacement member 

21 shall be made not later than 60 days after the date 

22 on which the vacancy occurs. 

23 (d) CHAIR AND VICE CHAIR.—The Commission shall 

24 elect a Chair and Vice Chair from among its members. 

25 (e) QUORUM AND MEETINGS.— 


kjohnson on DSK79L0C42 with BILLS
333 

HR 1 PCS

1 (1) QUORUM.—The Commission shall meet and 

2 begin the operations of the Commission not later 

3 than 30 days after the date on which all members 

4 have been appointed or, if such meeting cannot be 

5 mutually agreed upon, on a date designated by the 

6 Speaker of the House of Representatives and the 

7 President pro Tempore of the Senate. Each subse8 quent meeting shall occur upon the call of the Chair 

9 or a majority of its members. A majority of the 

10 members of the Commission shall constitute a 

11 quorum, but a lesser number may hold meetings. 

12 (2) AUTHORITY OF INDIVIDUALS TO ACT FOR

13 COMMISSION.—Any member of the Commission may, 

14 if authorized by the Commission, take any action 

15 that the Commission is authorized to take under this 

16 section. 

17 (f) POWERS.— 

18 (1) HEARINGS AND EVIDENCE.—The Commis19 sion (or, on the authority of the Commission, any 

20 subcommittee or member thereof) may, for the pur21 pose of carrying out this section, hold hearings and 

22 sit and act at such times and places, take such testi23 mony, receive such evidence, and administer such 

24 oaths as the Commission considers advisable to 

25 carry out its duties. 


kjohnson on DSK79L0C42 with BILLS
334 

HR 1 PCS

1 (2) CONTRACTING.—The Commission may, to 

2 such extent and in such amounts as are provided in 

3 appropriation Acts, enter into contracts to enable 

4 the Commission to discharge its duties under this 

5 section. 

6 (g) ASSISTANCE FROM FEDERAL AGENCIES.— 

7 (1) GENERAL SERVICES ADMINISTRATION.— 

8 The Administrator of General Services shall provide 

9 to the Commission on a reimbursable basis adminis10 trative support and other services for the perform11 ance of the Commission’s functions. 

12 (2) OTHER DEPARTMENTS AND AGENCIES.—In 

13 addition to the assistance provided under paragraph 

14 (1), the Department of Homeland Security, the 

15 Election Assistance Commission, and other appro16 priate departments and agencies of the United 

17 States shall provide to the Commission such serv18 ices, funds, facilities, and staff as they may deter19 mine advisable and as may be authorized by law. 

20 (h) PUBLIC MEETINGS.—Any public meetings of the 

21 Commission shall be conducted in a manner consistent 

22 with the protection of information provided to or developed 

23 for or by the Commission as required by any applicable 

24 statute, regulation, or Executive order. 

25 (i) SECURITY CLEARANCES.— 


kjohnson on DSK79L0C42 with BILLS
335 

HR 1 PCS

1 (1) IN GENERAL.—The heads of appropriate 

2 departments and agencies of the executive branch 

3 shall cooperate with the Commission to expeditiously 

4 provide Commission members and staff with appro5 priate security clearances to the extent possible 

6 under applicable procedures and requirements. 

7 (2) PREFERENCES.—In appointing staff, ob8 taining detailees, and entering into contracts for the 

9 provision of services for the Commission, the Com10 mission shall give preference to individuals otherwise 

11 who have active security clearances. 

12 (j) REPORTS.— 

13 (1) INTERIM REPORTS.—At any time prior to 

14 the submission of the final report under paragraph 

15 (2), the Commission may submit interim reports to 

16 the President and Congress such findings, conclu17 sions, and recommendations to strengthen protec18 tions for democratic institutions in the United 

19 States as have been agreed to by a majority of the 

20 members of the Commission. 

21 (2) FINAL REPORT.—Not later than 18 months 

22 after the date of the first meeting of the Commis23 sion, the Commission shall submit to the President 

24 and Congress a final report containing such find25 ings, conclusions, and recommendations to strengthVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00335 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
336 

HR 1 PCS

1 en protections for democratic institutions in the 

2 United States as have been agreed to by a majority 

3 of the members of the Commission. 

4 (k) TERMINATION.— 

5 (1) IN GENERAL.—The Commission shall termi6 nate upon the expiration of the 60-day period which 

7 begins on the date on which the Commission submits 

8 the final report required under subsection (j)(2). 

9 (2) ADMINISTRATIVE ACTIVITIES PRIOR TO

10 TERMINATION.—During the 60-day period described 

11 in paragraph (2), the Commission may carry out 

12 such administrative activities as may be required to 

13 conclude its work, including providing testimony to 

14 committees of Congress concerning the final report 

15 and disseminating the final report. 

16 Subtitle D—Promoting Cybersecu17 rity Through Improvements in 

18 Election Administration 

19 SEC. 3301. TESTING OF EXISTING VOTING SYSTEMS TO EN20 SURE COMPLIANCE WITH ELECTION CYBER21 SECURITY GUIDELINES AND OTHER GUIDE22 LINES. 

23 (a) REQUIRING TESTING OF EXISTING VOTING SYS24 TEMS.— 


kjohnson on DSK79L0C42 with BILLS
337 

HR 1 PCS

1 (1) IN GENERAL.—Section 231(a) of the Help 

2 America Vote Act of 2002 (52 U.S.C. 20971(a)) is 

3 amended by adding at the end the following new 

4 paragraph: 

5 ‘‘(3) TESTING TO ENSURE COMPLIANCE WITH

6 GUIDELINES.— 

7 ‘‘(A) TESTING.—Not later than 9 months 

8 before the date of each regularly scheduled gen9 eral election for Federal office, the Commission 

10 shall provide for the testing by accredited lab11 oratories under this section of the voting system 

12 hardware and software which was certified for 

13 use in the most recent such election, on the 

14 basis of the most recent voting system guide15 lines applicable to such hardware or software 

16 (including election cybersecurity guidelines) 

17 issued under this Act. 

18 ‘‘(B) DECERTIFICATION OF HARDWARE OR

19 SOFTWARE FAILING TO MEET GUIDELINES.—If, 

20 on the basis of the testing described in subpara21 graph (A), the Commission determines that any 

22 voting system hardware or software does not 

23 meet the most recent guidelines applicable to 

24 such hardware or software issued under this 


kjohnson on DSK79L0C42 with BILLS
338 

HR 1 PCS

1 Act, the Commission shall decertify such hard2 ware or software.’’. 

3 (2) EFFECTIVE DATE.—The amendment made 

4 by paragraph (1) shall apply with respect to the reg5 ularly scheduled general election for Federal office 

6 held in November 2020 and each succeeding regu7 larly scheduled general election for Federal office. 

8 (b) ISSUANCE OF CYBERSECURITY GUIDELINES BY

9 TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE.— 

10 Section 221(b) of the Help America Vote Act of 2002 (52 

11 U.S.C. 20961(b)) is amended by adding at the end the 

12 following new paragraph: 

13 ‘‘(3) ELECTION CYBERSECURITY GUIDE14 LINES.—Not later than 6 months after the date of 

15 the enactment of this paragraph, the Development 

16 Committee shall issue election cybersecurity guide17 lines, including standards and best practices for pro18 curing, maintaining, testing, operating, and updat19 ing election systems to prevent and deter cybersecu20 rity incidents.’’. 

21 SEC. 3302. TREATMENT OF ELECTRONIC POLL BOOKS AS 

22 PART OF VOTING SYSTEMS. 

23 (a) INCLUSION IN DEFINITION OF VOTING SYS24 TEM.—Section 301(b) of the Help America Vote Act of 

25 2002 (52 U.S.C. 21081(b)) is amended— 


kjohnson on DSK79L0C42 with BILLS
339 

HR 1 PCS

1 (1) in the matter preceding paragraph (1), by 

2 striking ‘‘this section’’ and inserting ‘‘this Act’’; 

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

4 (1); 

5 (3) by redesignating paragraph (2) as para6 graph (3); and 

7 (4) by inserting after paragraph (1) the fol8 lowing new paragraph: 

9 ‘‘(2) any electronic poll book used with respect 

10 to the election; and’’. 

11 (b) DEFINITION.—Section 301 of such Act (52 

12 U.S.C. 21081) is amended— 

13 (1) by redesignating subsections (c) and (d) as 

14 subsections (d) and (e); and 

15 (2) by inserting after subsection (b) the fol16 lowing new subsection: 

17 ‘‘(c) ELECTRONIC POLL BOOK DEFINED.—In this 

18 Act, the term ‘electronic poll book’ means the total com19 bination of mechanical, electromechanical, or electronic 

20 equipment (including the software, firmware, and docu21 mentation required to program, control, and support the 

22 equipment) that is used— 

23 ‘‘(1) to retain the list of registered voters at a 

24 polling location, or vote center, or other location at 


kjohnson on DSK79L0C42 with BILLS
340 

HR 1 PCS

1 which voters cast votes in an election for Federal of2 fice; and 

3 ‘‘(2) to identify registered voters who are eligi4 ble to vote in an election.’’. 

5 (c) EFFECTIVE DATE.—Section 301(e) of such Act 

6 (52 U.S.C. 21081(e)), as redesignated by subsection (b), 

7 is amended by striking the period at the end and inserting 

8 the following: ‘‘, or, with respect to any requirements re9 lating to electronic poll books, on and after January 1, 

10 2020.’’. 

11 SEC. 3303. PRE-ELECTION REPORTS ON VOTING SYSTEM 

12 USAGE. 

13 (a) REQUIRING STATES TO SUBMIT REPORTS.—Title 

14 III of the Help America Vote Act of 2002 (52 U.S.C. 

15 21081 et seq.) is amended by inserting after section 301 

16 the following new section: 

17 ‘‘SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM 

18 USAGE. 

19 ‘‘(a) REQUIRING STATES TO SUBMIT REPORTS.—Not 

20 later than 120 days before the date of each regularly 

21 scheduled general election for Federal office, the chief 

22 State election official of a State shall submit a report to 

23 the Commission containing a detailed voting system usage 

24 plan for each jurisdiction in the State which will admin25 ister the election, including a detailed plan for the usage 


kjohnson on DSK79L0C42 with BILLS
341 

HR 1 PCS

1 of electronic poll books and other equipment and compo2 nents of such system. 

3 ‘‘(b) EFFECTIVE DATE.—Subsection (a) shall apply 

4 with respect to the regularly scheduled general election for 

5 Federal office held in November 2020 and each succeeding 

6 regularly scheduled general election for Federal office.’’. 

7 (b) CLERICAL AMENDMENT.—The table of contents 

8 of such Act is amended by inserting after the item relating 

9 to section 301 the following new item: 

‘‘Sec. 301A. Pre-election reports on voting system usage.’’. 

10 SEC. 3304. STREAMLINING COLLECTION OF ELECTION IN11 FORMATION. 

12 Section 202 of the Help America Vote Act of 2002 

13 (52 U.S.C. 20922) is amended— 

14 (1) by striking ‘‘The Commission’’ and insert15 ing ‘‘(a) IN GENERAL.—The Commission’’; and 

16 (2) by adding at the end the following new sub17 section: 

18 ‘‘(b) WAIVER OF CERTAIN REQUIREMENTS.—Sub19 chapter I of chapter 35 of title 44, United States Code, 

20 shall not apply to the collection of information for pur21 poses of maintaining the clearinghouse described in para22 graph (1) of subsection (a).’’. 


kjohnson on DSK79L0C42 with BILLS
342 

HR 1 PCS

1 Subtitle E—Preventing Election 

2 Hacking 

3 SEC. 3401. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Prevent Election 

5 Hacking Act of 2019’’. 

6 SEC. 3402. ELECTION SECURITY BUG BOUNTY PROGRAM. 

7 (a) ESTABLISHMENT.—Not later than 1 year after 

8 the date of the enactment of this Act, the Secretary shall 

9 establish a program to be known as the ‘‘Election Security 

10 Bug Bounty Program’’ (hereafter in this subtitle referred 

11 to as the ‘‘Program’’) to improve the cybersecurity of the 

12 systems used to administer elections for Federal office by 

13 facilitating and encouraging assessments by independent 

14 technical experts, in cooperation with State and local elec15 tion officials and election service providers, to identify and 

16 report election cybersecurity vulnerabilities. 

17 (b) VOLUNTARY PARTICIPATION BY ELECTION OFFI18 CIALS AND ELECTION SERVICE PROVIDERS.— 

19 (1) NO REQUIREMENT TO PARTICIPATE IN PRO20 GRAM.—Participation in the Program shall be en21 tirely voluntary for State and local election officials 

22 and election service providers. 

23 (2) ENCOURAGING PARTICIPATION AND INPUT

24 FROM ELECTION OFFICIALS.—In developing the Pro25 gram, the Secretary shall solicit input from, and enVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00342 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
343 

HR 1 PCS

1 courage participation by, State and local election of2 ficials. 

3 (c) ACTIVITIES FUNDED.—In establishing and car4 rying out the Program, the Secretary shall— 

5 (1) establish a process for State and local elec6 tion officials and election service providers to volun7 tarily participate in the Program; 

8 (2) designate appropriate information systems 

9 to be included in the Program; 

10 (3) provide compensation to eligible individuals, 

11 organizations, and companies for reports of pre12 viously unidentified security vulnerabilities within 

13 the information systems designated under subpara14 graph (A) and establish criteria for individuals, or15 ganizations, and companies to be considered eligible 

16 for such compensation in compliance with Federal 

17 laws; 

18 (4) consult with the Attorney General on how 

19 to ensure that approved individuals, organizations, 

20 or companies that comply with the requirements of 

21 the Program are protected from prosecution under 

22 section 1030 of title 18, United States Code, and 

23 similar provisions of law, and from liability under 

24 civil actions for specific activities authorized under 

25 the Program; 


kjohnson on DSK79L0C42 with BILLS
344 

HR 1 PCS

1 (5) consult with the Secretary of Defense and 

2 the heads of other departments and agencies that 

3 have implemented programs to provide compensation 

4 for reports of previously undisclosed vulnerabilities 

5 in information systems, regarding lessons that may 

6 be applied from such programs; 

7 (6) develop an expeditious process by which an 

8 individual, organization, or company can register 

9 with the Department, submit to a background check 

10 as determined by the Department, and receive a de11 termination as to eligibility for participation in the 

12 Program; and 

13 (7) engage qualified interested persons, includ14 ing representatives of private entities, about the 

15 structure of the Program and, to the extent prac16 ticable, establish a recurring competition for inde17 pendent technical experts to assess election systems 

18 for the purpose of identifying and reporting election 

19 cybersecurity vulnerabilities; 

20 (d) USE OF SERVICE PROVIDERS.—The Secretary 

21 may award competitive contracts as necessary to manage 

22 the Program. 

23 SEC. 3403. DEFINITIONS. 

24 In this subtitle, the following definitions apply: 


kjohnson on DSK79L0C42 with BILLS
345 

HR 1 PCS

1 (1) The terms ‘‘election’’ and ‘‘Federal office’’ 

2 have the meanings given such terms in section 301 

3 of the Federal Election Campaign Act of 1971 (52 

4 U.S.C. 30101). 

5 (2) The term ‘‘election cybersecurity vulner6 ability’’ means any security vulnerability (as defined 

7 in section 102 of the Cybersecurity Information 

8 Sharing Act of 2015 (6 U.S.C. 1501)) that affects 

9 an election system. 

10 (3) The term ‘‘election service provider’’ means 

11 any person providing, supporting, or maintaining an 

12 election system on behalf of a State or local election 

13 official, such as a contractor or vendor. 

14 (4) The term ‘‘election system’’ means any in15 formation system (as defined in section 3502 of title 

16 44, United States Code) which is part of an election 

17 infrastructure. 

18 (5) The term ‘‘Secretary’’ means the Secretary 

19 of Homeland Security, or, upon designation by the 

20 Secretary of Homeland Security, the Deputy Sec21 retary of Homeland Security, the Director of Cyber22 security and Infrastructure Security of the Depart23 ment of Homeland Security, or a Senate-confirmed 

24 official that reports to the Director. 


kjohnson on DSK79L0C42 with BILLS
346 

HR 1 PCS

1 (6) The term ‘‘State’’ means each of the several 

2 States, the District of Columbia, the Commonwealth 

3 of Puerto Rico, Guam, American Samoa, the Com4 monwealth of Northern Mariana Islands, and the 

5 United States Virgin Islands. 

6 (7) The term ‘‘voting system’’ has the meaning 

7 given such term in section 301(b) of the Help Amer8 ica Vote Act of 2002 (52 U.S.C. 21081(b)). 

9 Subtitle F—Election Security 

10 Grants Advisory Committee 

11 SEC. 3501. ESTABLISHMENT OF ADVISORY COMMITTEE. 

12 (a) IN GENERAL.—Subtitle A of title II of the Help 

13 America Vote Act of 2002 (52 U.S.C. 20921 et seq.) is 

14 amended by adding at the end the following: 

15 ‘‘PART 4—ELECTION SECURITY GRANTS 

16 ADVISORY COMMITTEE 

17 ‘‘SEC. 225. ELECTION SECURITY GRANTS ADVISORY COM18 MITTEE. 

19 ‘‘(a) ESTABLISHMENT.—There is hereby established 

20 an advisory committee (hereinafter in this part referred 

21 to as the ‘Committee’) to assist the Commission with re22 spect to the award of grants to States under this Act for 

23 the purpose of election security. 

24 ‘‘(b) DUTIES.— 


kjohnson on DSK79L0C42 with BILLS
347 

HR 1 PCS

1 ‘‘(1) IN GENERAL.—The Committee shall, with 

2 respect to an application for a grant received by the 

3 Commission— 

4 ‘‘(A) review such application; and 

5 ‘‘(B) recommend to the Commission 

6 whether to award the grant to the applicant. 

7 ‘‘(2) CONSIDERATIONS.—In reviewing an appli8 cation pursuant to paragraph (1)(A), the Committee 

9 shall consider— 

10 ‘‘(A) the record of the applicant with re11 spect to— 

12 ‘‘(i) compliance of the applicant with 

13 the requirements under subtitle A of title 

14 III; and 

15 ‘‘(ii) adoption of voluntary guidelines 

16 issued by the Commission under subtitle B 

17 of title III; and 

18 ‘‘(B) the goals and requirements of elec19 tion security as described in title III of the For 

20 the People Act of 2019. 

21 ‘‘(c) MEMBERSHIP.—The Committee shall be com22 posed of 15 individuals appointed by the Executive Direc23 tor of the Commission with experience and expertise in 

24 election security. 


kjohnson on DSK79L0C42 with BILLS
348 

HR 1 PCS

1 ‘‘(d) NO COMPENSATION FOR SERVICE.—Members of 

2 the Committee shall not receive any compensation for 

3 their service, but shall be paid travel expenses, including 

4 per diem in lieu of subsistence, at rates authorized for em5 ployees of agencies under subchapter I of chapter 57 of 

6 title 5, United States Code, while away from their homes 

7 or regular places of business in the performance of services 

8 for the Committee.’’. 

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

10 this section shall take effect 1 year after the date of enact11 ment of this Act. 

12 Subtitle G—Miscellaneous 

13 Provisions 

14 SEC. 3601. DEFINITIONS. 

15 Except as provided in section 3403, in this title, the 

16 following definitions apply: 

17 (1) The term ‘‘Chairman’’ means the chair of 

18 the Election Assistance Commission. 

19 (2) The term ‘‘appropriate congressional com20 mittees’’ means the Committees on Homeland Secu21 rity and House Administration of the House of Rep22 resentatives and the Committees on Homeland Secu23 rity and Governmental Affairs and Rules and Ad24 ministration of the Senate. 


kjohnson on DSK79L0C42 with BILLS
349 

HR 1 PCS

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

2 means, with respect to a State, the individual des3 ignated by the State under section 10 of the Na4 tional Voter Registration Act of 1993 (52 U.S.C. 

5 20509) to be responsible for coordination of the 

6 State’s responsibilities under such Act. 

7 (4) The term ‘‘Commission’’ means the Election 

8 Assistance Commission. 

9 (5) The term ‘‘democratic institutions’’ means 

10 the diverse range of institutions that are essential to 

11 ensuring an independent judiciary, free and fair elec12 tions, and rule of law. 

13 (6) The term ‘‘election agency’’ means any com14 ponent of a State, or any component of a unit of 

15 local government in a State, which is responsible for 

16 the administration of elections for Federal office in 

17 the State. 

18 (7) The term ‘‘election infrastructure’’ means 

19 storage facilities, polling places, and centralized vote 

20 tabulation locations used to support the administra21 tion of elections for public office, as well as related 

22 information and communications technology, includ23 ing voter registration databases, voting machines, 

24 electronic mail and other communications systems 

25 (including electronic mail and other systems of venVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00349 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
350 

HR 1 PCS

1 dors who have entered into contracts with election 

2 agencies to support the administration of elections, 

3 manage the election process, and report and display 

4 election results), and other systems used to manage 

5 the election process and to report and display elec6 tion results on behalf of an election agency. 

7 (8) The term ‘‘Secretary’’ means the Secretary 

8 of Homeland Security. 

9 (9) The term ‘‘State’’ has the meaning given 

10 such term in section 901 of the Help America Vote 

11 Act of 2002 (52 U.S.C. 21141). 

12 SEC. 3602. INITIAL REPORT ON ADEQUACY OF RESOURCES 

13 AVAILABLE FOR IMPLEMENTATION. 

14 Not later than 120 days after enactment of this Act, 

15 the Chairman and the Secretary shall submit a report to 

16 the appropriate committees of Congress, including the 

17 Committees on Homeland Security and House Adminis18 tration of the House of Representatives and the Com19 mittee on Homeland Security and Governmental Affairs 

20 of the Senate, analyzing the adequacy of the funding, re21 sources, and personnel available to carry out this title and 

22 the amendments made by this title. 


kjohnson on DSK79L0C42 with BILLS
351 

HR 1 PCS

1 Subtitle H—Use of Voting Machines 

2 Manufactured in the United States 

3 SEC. 3701. USE OF VOTING MACHINES MANUFACTURED IN 

4 THE UNITED STATES. 

5 Section 301(a) of the Help America Vote Act of 2002 

6 (52 U.S.C. 21081(a)), as amended by section 1504, is 

7 amended by adding at the end the following new para8 graph: 

9 ‘‘(8) VOTING MACHINE REQUIREMENTS.—By 

10 not later than the date of the regularly scheduled 

11 general election for Federal office occurring in No12 vember 2022, each State shall seek to ensure that 

13 any voting machine used in such election and in any 

14 subsequent election for Federal office is manufac15 tured in the United States.’’. 

16 Subtitle I—Severability 

17 SEC. 3801. SEVERABILITY. 

18 If any provision of this title or amendment made by 

19 this title, or the application of a provision or amendment 

20 to any person or circumstance, is held to be unconstitu21 tional, the remainder of this title and amendments made 

22 by this title, and the application of the provisions and 

23 amendment to any person or circumstance, shall not be 

24 affected by the holding. 


kjohnson on DSK79L0C42 with BILLS
352 

HR 1 PCS

1 DIVISION B—CAMPAIGN 

2 FINANCE 

3 TITLE IV—CAMPAIGN FINANCE 

4 TRANSPARENCY 

Subtitle A—Findings Relating to Illicit Money Undermining Our Democracy 

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

Subtitle B—DISCLOSE Act 

Sec. 4100. Short title. 

PART 1—REGULATION OF CERTAIN POLITICAL SPENDING

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

election-related activities. 

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

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

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

connections with ballot initiatives and referenda. 

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

PART 2—REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS

Sec. 4111. Reporting of campaign-related disbursements. 

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

Sec. 4113. Effective date. 

PART 3—OTHER ADMINISTRATIVE REFORMS

Sec. 4121. Petition for certiorari. 

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

Subtitle C—Honest Ads 

Sec. 4201. Short title. 

Sec. 4202. Purpose. 

Sec. 4203. Findings. 

Sec. 4204. Sense of Congress. 

Sec. 4205. Expansion of definition of public communication. 

Sec. 4206. Expansion of definition of electioneering communication. 

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

Sec. 4208. Political record requirements for online platforms. 

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

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

Subtitle D—Stand By Every Ad 

Sec. 4301. Short title. 

Sec. 4302. Stand By Every Ad. 


kjohnson on DSK79L0C42 with BILLS
353 

HR 1 PCS

Sec. 4303. Disclaimer requirements for communications made through 

prerecorded telephone calls. 

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

Internet communications. 

Sec. 4305. Effective date. 

Subtitle E—Secret Money Transparency 

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

bring transparency to political activity of certain nonprofit organizations. 

Sec. 4402. Repeal of Revenue Procedure That Eliminated Requirement to Report Information Regarding Contributors to Certain Tax-Exempt Organizations. 

Subtitle F—Shareholder Right-to-Know 

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

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

Sec. 4502. Assessment of shareholder preferences for disbursements for political purposes. 

Subtitle G—Disclosure of Political Spending by Government Contractors 

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

spending by government contractors. 

Subtitle H—Limitation and Disclosure Requirements for Presidential 

Inaugural Committees 

Sec. 4701. Short title. 

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

Subtitle I—Severability 

Sec. 4801. Severability. 

1 Subtitle A—Findings Relating to Il2 licit Money Undermining Our 

3 Democracy 

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 


kjohnson on DSK79L0C42 with BILLS
354 

HR 1 PCS

1 ‘‘shell companies,’’ to hide, move, and launder the 

2 dirty money derived from illicit activities such as 

3 trafficking, bribery, exploitation, and embezzlement. 

4 Ownership and control of the finances that run 

5 through shell companies are obscured to regulators 

6 and law enforcement because little information is re7 quired and collected when establishing these entities. 

8 (2) The public release of the ‘‘Panama Papers’’ 

9 in 2016 and the ‘‘Paradise Papers’’ in 2017 revealed 

10 that these shell companies often purchase and sell 

11 United States real estate. United States anti-money 

12 laundering laws do not apply to cash transactions in13 volving real estate effectively concealing the bene14 ficiaries and transactions from regulators and law 

15 enforcement. 

16 (3) Congress should curb the use of anonymous 

17 shell companies for illicit purposes by requiring 

18 United States companies to disclose their beneficial 

19 owners, strengthening anti-money laundering and 

20 counter-terrorism finance laws. 

21 (4) Congress should examine the money laun22 dering and terrorist financing risks in the real estate 

23 market, including the role of anonymous parties, and 

24 review legislation to address any vulnerabilities iden25 tified in this sector. 


kjohnson on DSK79L0C42 with BILLS
355 

HR 1 PCS

1 (5) Congress should examine the methods by 

2 which corruption flourishes and the means to detect 

3 and deter the financial misconduct that fuels this 

4 driver of global instability. Congress should monitor 

5 government efforts to enforce United States anti6 corruption laws and regulations. 

7 Subtitle B—DISCLOSE Act 

8 SEC. 4100. SHORT TITLE. 

9 This subtitle may be cited as the ‘‘Democracy Is 

10 Strengthened by Casting Light On Spending in Elections 

11 Act of 2019’’ or the ‘‘DISCLOSE Act of 2019’’. 

12 PART 1—REGULATION OF CERTAIN POLITICAL 

13 SPENDING 

14 SEC. 4101. CLARIFICATION OF PROHIBITION ON PARTICI15 PATION BY FOREIGN NATIONALS IN ELEC16 TION-RELATED ACTIVITIES. 

17 (a) CLARIFICATION OF PROHIBITION.—Section 

18 319(a) of the Federal Election Campaign Act of 1971 (52 

19 U.S.C. 30121(a)) is amended— 

20 (1) by striking ‘‘or’’ at the end of paragraph 

21 (1); 

22 (2) by striking the period at the end of para23 graph (2) and inserting ‘‘; or’’; and 

24 (3) by adding at the end the following new 

25 paragraph: 


kjohnson on DSK79L0C42 with BILLS
356 

HR 1 PCS

1 ‘‘(3) a foreign national to direct, dictate, con2 trol, or directly or indirectly participate in the deci3 sion making process of any person (including a cor4 poration, labor organization, political committee, or 

5 political organization) with regard to such person’s 

6 Federal or non-Federal election-related activity, in7 cluding any decision concerning the making of con8 tributions, donations, expenditures, or disbursements 

9 in connection with an election for any Federal, 

10 State, or local office or any decision concerning the 

11 administration of a political committee.’’. 

12 (b) CERTIFICATION OF COMPLIANCE.—Section 319 

13 of such Act (52 U.S.C. 30121) is amended by adding at 

14 the end the following new subsection: 

15 ‘‘(c) CERTIFICATION OF COMPLIANCE REQUIRED

16 PRIOR TO CARRYING OUT ACTIVITY.—Prior to the mak17 ing in connection with an election for Federal office of any 

18 contribution, donation, expenditure, independent expendi19 ture, or disbursement for an electioneering communication 

20 by a corporation, limited liability corporation, or partner21 ship during a year, the chief executive officer of the cor22 poration, limited liability corporation, or partnership (or, 

23 if the corporation, limited liability corporation, or partner24 ship does not have a chief executive officer, the highest 

25 ranking official of the corporation, limited liability corVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00356 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
357 

HR 1 PCS

1 poration, or partnership), shall file a certification with the 

2 Commission, under penalty of perjury, that a foreign na3 tional did not direct, dictate, control, or directly or indi4 rectly participate in the decision making process relating 

5 to such activity in violation of subsection (a)(3), unless 

6 the chief executive officer has previously filed such a cer7 tification during that calendar year.’’. 

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

9 this section shall take effect upon the expiration of the 

10 180-day period which begins on the date of the enactment 

11 of this Act, and shall take effect without regard to whether 

12 or not the Federal Election Commission has promulgated 

13 regulations to carry out such amendments. 

14 SEC. 4102. CLARIFICATION OF APPLICATION OF FOREIGN 

15 MONEY BAN TO CERTAIN DISBURSEMENTS 

16 AND ACTIVITIES. 

17 (a) APPLICATION TO DISBURSEMENTS TO SUPER

18 PACS.—Section 319(a)(1)(A) of the Federal Election 

19 Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is 

20 amended by striking the semicolon and inserting the fol21 lowing: ‘‘, including any disbursement to a political com22 mittee which accepts donations or contributions that do 

23 not comply with the limitations, prohibitions, and report24 ing requirements of this Act (or any disbursement to or 

25 on behalf of any account of a political committee which 


kjohnson on DSK79L0C42 with BILLS
358 

HR 1 PCS

1 is established for the purpose of accepting such donations 

2 or contributions);’’. 

3 (b) CONDITIONS UNDER WHICH CORPORATE PACS

4 MAY MAKE CONTRIBUTIONS AND EXPENDITURES.—Sec5 tion 316(b) of such Act (52 U.S.C. 30118(b)) is amended 

6 by adding at the end the following new paragraph: 

7 ‘‘(8) A separate segregated fund established by a cor8 poration may not make a contribution or expenditure dur9 ing a year unless the fund has certified to the Commission 

10 the following during the year: 

11 ‘‘(A) Each individual who manages the fund, 

12 and who is responsible for exercising decisionmaking 

13 authority for the fund, is a citizen of the United 

14 States or is lawfully admitted for permanent resi15 dence in the United States. 

16 ‘‘(B) No foreign national under section 319 

17 participates in any way in the decisionmaking proc18 esses of the fund with regard to contributions or ex19 penditures under this Act. 

20 ‘‘(C) The fund does not solicit or accept rec21 ommendations from any foreign national under sec22 tion 319 with respect to the contributions or expend23 itures made by the fund. 

24 ‘‘(D) Any member of the board of directors of 

25 the corporation who is a foreign national under secVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00358 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
359 

HR 1 PCS

1 tion 319 abstains from voting on matters concerning 

2 the fund or its activities.’’. 

3 SEC. 4103. AUDIT AND REPORT ON ILLICIT FOREIGN 

4 MONEY IN FEDERAL ELECTIONS. 

5 (a) IN GENERAL.—Title III of the Federal Election 

6 Campaign Act of 1971 (52 U.S.C. 30101 et seq.), as 

7 amended by section 1821, is further amended by inserting 

8 after section 319A the following new section: 

9 ‘‘SEC. 319B. AUDIT AND REPORT ON DISBURSEMENTS BY 

10 FOREIGN NATIONALS. 

11 ‘‘(a) AUDIT.— 

12 ‘‘(1) IN GENERAL.—The Commission shall con13 duct an audit after each Federal election cycle to de14 termine the incidence of illicit foreign money in such 

15 Federal election cycle. 

16 ‘‘(2) PROCEDURES.—In carrying out paragraph 

17 (1), the Commission shall conduct random audits of 

18 any disbursements required to be reported under 

19 this Act, in accordance with procedures established 

20 by the Commission. 

21 ‘‘(b) REPORT.—Not later than 180 days after the end 

22 of each Federal election cycle, the Commission shall sub23 mit to Congress a report containing— 

24 ‘‘(1) results of the audit required by subsection 

25 (a)(1); and 


kjohnson on DSK79L0C42 with BILLS
360 

HR 1 PCS

1 ‘‘(2) recommendations to address the presence 

2 of illicit foreign money in elections, as appropriate. 

3 ‘‘(c) DEFINITIONS.—As used in this section: 

4 ‘‘(1) The term ‘Federal election cycle’ means 

5 the period which begins on the day after the date of 

6 a regularly scheduled general election for Federal of7 fice and which ends on the date of the first regularly 

8 scheduled general election for Federal office held 

9 after such date. 

10 ‘‘(2) The term ‘illicit foreign money’ means any 

11 disbursement by a foreign national (as defined in 

12 section 319(b)) prohibited under such section.’’. 

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

14 subsection (a) shall apply with respect to the Federal elec15 tion cycle that began during November 2018, and each 

16 succeeding Federal election cycle. 

17 SEC. 4104. PROHIBITION ON CONTRIBUTIONS AND DONA18 TIONS BY FOREIGN NATIONALS IN CONNEC19 TIONS WITH BALLOT INITIATIVES AND 

20 REFERENDA. 

21 (a) IN GENERAL.—Section 319(a)(1)(A) of the Fed22 eral Election Campaign Act of 1971 (52 U.S.C. 

23 30121(a)(1)(A)) is amended by striking ‘‘election;’’ and 

24 inserting the following: ‘‘election, including a State or local 

25 ballot initiative or referendum;’’. 


kjohnson on DSK79L0C42 with BILLS
361 

HR 1 PCS

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

2 this section shall apply with respect to elections held in 

3 2020 or any succeeding year. 

4 SEC. 4105. DISBURSEMENTS AND ACTIVITIES SUBJECT TO 

5 FOREIGN MONEY BAN. 

6 (a) DISBURSEMENTS DESCRIBED.—Section 

7 319(a)(1) of the Federal Election Campaign Act of 1971 

8 (52 U.S.C. 30121(a)(1)) is amended— 

9 (1) by striking ‘‘or’’ at the end of subparagraph 

10 (B); and 

11 (2) by striking subparagraph (C) and inserting 

12 the following: 

13 ‘‘(C) an expenditure; 

14 ‘‘(D) an independent expenditure; 

15 ‘‘(E) a disbursement for an electioneering 

16 communication (within the meaning of section 

17 304(f)(3)); 

18 ‘‘(F) a disbursement for a paid internet or 

19 paid digital communication that refers to a 

20 clearly identified candidate for election for Fed21 eral office and is disseminated within 60 days 

22 before a general, special or runoff election for 

23 the office sought by the candidate or 30 days 

24 before a primary or preference election, or a 

25 convention or caucus of a political party that 


kjohnson on DSK79L0C42 with BILLS
362 

HR 1 PCS

1 has authority to nominate a candidate for the 

2 office sought by the candidate; 

3 ‘‘(G) a disbursement for a broadcast, cable 

4 or satellite communication, or for a paid inter5 net or paid digital communication, that pro6 motes, supports, attacks or opposes the election 

7 of a clearly identified candidate for Federal, 

8 State, or local office (regardless of whether the 

9 communication contains express advocacy or the 

10 functional equivalent of express advocacy); or 

11 ‘‘(H) a disbursement for a broadcast, 

12 cable, or satellite communication, or for a paid 

13 internet or paid digital communication, that 

14 discusses a national legislative issue of public 

15 importance in year in which a regularly sched16 uled general election for Federal office is held 

17 and is made for the purpose of influencing an 

18 election held during that year, but only if the 

19 disbursement is made by a foreign principal 

20 who is a government of a foreign country or a 

21 foreign political party or an agent of such a for22 eign principal under the Foreign Agents Reg23 istration Act of 1938, as amended.’’. 


kjohnson on DSK79L0C42 with BILLS
363 

HR 1 PCS

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

2 subsection (a) shall apply with respect to disbursements 

3 made on or after the date of the enactment of this Act. 

4 PART 2—REPORTING OF CAMPAIGN-RELATED 

5 DISBURSEMENTS 

6 SEC. 4111. REPORTING OF CAMPAIGN-RELATED DISBURSE7 MENTS. 

8 (a) DISCLOSURE REQUIREMENTS FOR CORPORA9 TIONS, LABOR ORGANIZATIONS, AND CERTAIN OTHER

10 ENTITIES.— 

11 (1) IN GENERAL.—Section 324 of the Federal 

12 Election Campaign Act of 1971 (52 U.S.C. 30126) 

13 is amended to read as follows: 

14 ‘‘SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSE15 MENTS BY COVERED ORGANIZATIONS. 

16 ‘‘(a) DISCLOSURE STATEMENT.— 

17 ‘‘(1) IN GENERAL.—Any covered organization 

18 that makes campaign-related disbursements aggre19 gating more than $10,000 in an election reporting 

20 cycle shall, not later than 24 hours after each disclo21 sure date, file a statement with the Commission 

22 made under penalty of perjury that contains the in23 formation described in paragraph (2)— 

24 ‘‘(A) in the case of the first statement filed 

25 under this subsection, for the period beginning 


kjohnson on DSK79L0C42 with BILLS
364 

HR 1 PCS

1 on the first day of the election reporting cycle 

2 (or, if earlier, the period beginning one year be3 fore the first such disclosure date) and ending 

4 on the first such disclosure date; and 

5 ‘‘(B) in the case of any subsequent state6 ment filed under this subsection, for the period 

7 beginning on the previous disclosure date and 

8 ending on such disclosure date. 

9 ‘‘(2) INFORMATION DESCRIBED.—The informa10 tion described in this paragraph is as follows: 

11 ‘‘(A) The name of the covered organization 

12 and the principal place of business of such or13 ganization and, in the case of a covered organi14 zation that is a corporation (other than a busi15 ness concern that is an issuer of a class of secu16 rities registered under section 12 of the Securi17 ties Exchange Act of 1934 (15 U.S.C. 78l) or 

18 that is required to file reports under section 

19 15(d) of that Act (15 U.S.C. 78o(d))) or an en20 tity described in subsection (e)(2), a list of the 

21 beneficial owners (as defined in paragraph 

22 (4)(A)) of the entity that— 

23 ‘‘(i) identifies each beneficial owner by 

24 name and current residential or business 

25 street address; and 


kjohnson on DSK79L0C42 with BILLS
365 

HR 1 PCS

1 ‘‘(ii) if any beneficial owner exercises 

2 control over the entity through another 

3 legal entity, such as a corporation, partner4 ship, limited liability company, or trust, 

5 identifies each such other legal entity and 

6 each such beneficial owner who will use 

7 that other entity to exercise control over 

8 the entity. 

9 ‘‘(B) The amount of each campaign-related 

10 disbursement made by such organization during 

11 the period covered by the statement of more 

12 than $1,000, and the name and address of the 

13 person to whom the disbursement was made. 

14 ‘‘(C) In the case of a campaign-related dis15 bursement that is not a covered transfer, the 

16 election to which the campaign-related disburse17 ment pertains and if the disbursement is made 

18 for a public communication, the name of any 

19 candidate identified in such communication and 

20 whether such communication is in support of or 

21 in opposition to a candidate. 

22 ‘‘(D) A certification by the chief executive 

23 officer or person who is the head of the covered 

24 organization that the campaign-related dis25 bursement is not made in cooperation, consultaVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00365 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
366 

HR 1 PCS

1 tion, or concert with or at the request or sug2 gestion of a candidate, authorized committee, or 

3 agent of a candidate, political party, or agent of 

4 a political party. 

5 ‘‘(E)(i) If the covered organization makes 

6 campaign-related disbursements using exclu7 sively funds in a segregated bank account con8 sisting of funds that were paid directly to such 

9 account by persons other than the covered orga10 nization that controls the account, for each 

11 such payment to the account— 

12 ‘‘(I) the name and address of each 

13 person who made such payment during the 

14 period covered by the statement; 

15 ‘‘(II) the date and amount of such 

16 payment; and 

17 ‘‘(III) the aggregate amount of all 

18 such payments made by the person during 

19 the period beginning on the first day of the 

20 election reporting cycle (or, if earlier, the 

21 period beginning one year before the dis22 closure date) and ending on the disclosure 

23 date, 

24 but only if such payment was made by a person 

25 who made payments to the account in an aggreVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00366 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
367 

HR 1 PCS

1 gate amount of $10,000 or more during the pe2 riod beginning on the first day of the election 

3 reporting cycle (or, if earlier, the period begin4 ning one year before the disclosure date) and 

5 ending on the disclosure date. 

6 ‘‘(ii) In any calendar year after 2020, sec7 tion 315(c)(1)(B) shall apply to the amount de8 scribed in clause (i) in the same manner as 

9 such section applies to the limitations estab10 lished under subsections (a)(1)(A), (a)(1)(B), 

11 (a)(3), and (h) of such section, except that for 

12 purposes of applying such section to the 

13 amounts described in subsection (b), the ‘base 

14 period’ shall be 2020. 

15 ‘‘(F)(i) If the covered organization makes 

16 campaign-related disbursements using funds 

17 other than funds in a segregated bank account 

18 described in subparagraph (E), for each pay19 ment to the covered organization— 

20 ‘‘(I) the name and address of each 

21 person who made such payment during the 

22 period covered by the statement; 

23 ‘‘(II) the date and amount of such 

24 payment; and 


kjohnson on DSK79L0C42 with BILLS
368 

HR 1 PCS

1 ‘‘(III) the aggregate amount of all 

2 such payments made by the person during 

3 the period beginning on the first day of the 

4 election reporting cycle (or, if earlier, the 

5 period beginning one year before the dis6 closure date) and ending on the disclosure 

7 date, 

8 but only if such payment was made by a person 

9 who made payments to the covered organization 

10 in an aggregate amount of $10,000 or more 

11 during the period beginning on the first day of 

12 the election reporting cycle (or, if earlier, the 

13 period beginning one year before the disclosure 

14 date) and ending on the disclosure date. 

15 ‘‘(ii) In any calendar year after 2020, sec16 tion 315(c)(1)(B) shall apply to the amount de17 scribed in clause (i) in the same manner as 

18 such section applies to the limitations estab19 lished under subsections (a)(1)(A), (a)(1)(B), 

20 (a)(3), and (h) of such section, except that for 

21 purposes of applying such section to the 

22 amounts described in subsection (b), the ‘base 

23 period’ shall be 2020. 


kjohnson on DSK79L0C42 with BILLS
369 

HR 1 PCS

1 ‘‘(G) Such other information as required in 

2 rules established by the Commission to promote 

3 the purposes of this section. 

4 ‘‘(3) EXCEPTIONS.— 

5 ‘‘(A) AMOUNTS RECEIVED IN ORDINARY

6 COURSE OF BUSINESS.—The requirement to in7 clude in a statement filed under paragraph (1) 

8 the information described in paragraph (2) 

9 shall not apply to amounts received by the cov10 ered organization in commercial transactions in 

11 the ordinary course of any trade or business 

12 conducted by the covered organization or in the 

13 form of investments (other than investments by 

14 the principal shareholder in a limited liability 

15 corporation) in the covered organization. For 

16 purposes of this subparagraph, amounts re17 ceived by a covered organization as remittances 

18 from an employee to the employee’s collective 

19 bargaining representative shall be treated as 

20 amounts received in commercial transactions in 

21 the ordinary course of the business conducted 

22 by the covered organization. 

23 ‘‘(B) DONOR RESTRICTION ON USE OF

24 FUNDS.—The requirement to include in a state25 ment submitted under paragraph (1) the inforVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00369 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
370 

HR 1 PCS

1 mation described in subparagraph (F) of para2 graph (2) shall not apply if— 

3 ‘‘(i) the person described in such sub4 paragraph prohibited, in writing, the use of 

5 the payment made by such person for cam6 paign-related disbursements; and 

7 ‘‘(ii) the covered organization agreed 

8 to follow the prohibition and deposited the 

9 payment in an account which is segregated 

10 from any account used to make campaign11 related disbursements. 

12 ‘‘(C) THREAT OF HARASSMENT OR RE13 PRISAL.—The requirement to include any infor14 mation relating to the name or address of any 

15 person (other than a candidate) in a statement 

16 submitted under paragraph (1) shall not apply 

17 if the inclusion of the information would subject 

18 the person to serious threats, harassment, or 

19 reprisals. 

20 ‘‘(4) OTHER DEFINITIONS.—For purposes of 

21 this section: 

22 ‘‘(A) BENEFICIAL OWNER DEFINED.— 

23 ‘‘(i) IN GENERAL.—Except as pro24 vided in clause (ii), the term ‘beneficial 

25 owner’ means, with respect to any entity, 


kjohnson on DSK79L0C42 with BILLS
371 

HR 1 PCS

1 a natural person who, directly or indi2 rectly— 

3 ‘‘(I) exercises substantial control 

4 over an entity through ownership, vot5 ing rights, agreement, or otherwise; or 

6 ‘‘(II) has a substantial interest in 

7 or receives substantial economic bene8 fits from the assets of an entity. 

9 ‘‘(ii) EXCEPTIONS.—The term ‘bene10 ficial owner’ shall not include— 

11 ‘‘(I) a minor child; 

12 ‘‘(II) a person acting as a nomi13 nee, intermediary, custodian, or agent 

14 on behalf of another person; 

15 ‘‘(III) a person acting solely as 

16 an employee of an entity and whose 

17 control over or economic benefits from 

18 the entity derives solely from the em19 ployment status of the person; 

20 ‘‘(IV) a person whose only inter21 est in an entity is through a right of 

22 inheritance, unless the person also 

23 meets the requirements of clause (i); 

24 or 


kjohnson on DSK79L0C42 with BILLS
372 

HR 1 PCS

1 ‘‘(V) a creditor of an entity, un2 less the creditor also meets the re3 quirements of clause (i). 

4 ‘‘(iii) ANTI-ABUSE RULE.—The excep5 tions under clause (ii) shall not apply if 

6 used for the purpose of evading, circum7 venting, or abusing the provisions of clause 

8 (i) or paragraph (2)(A). 

9 ‘‘(B) DISCLOSURE DATE.—The term ‘dis10 closure date’ means— 

11 ‘‘(i) the first date during any election 

12 reporting cycle by which a person has 

13 made campaign-related disbursements ag14 gregating more than $10,000; and 

15 ‘‘(ii) any other date during such elec16 tion reporting cycle by which a person has 

17 made campaign-related disbursements ag18 gregating more than $10,000 since the 

19 most recent disclosure date for such elec20 tion reporting cycle. 

21 ‘‘(C) ELECTION REPORTING CYCLE.—The 

22 term ‘election reporting cycle’ means the 2-year 

23 period beginning on the date of the most recent 

24 general election for Federal office. 


kjohnson on DSK79L0C42 with BILLS
373 

HR 1 PCS

1 ‘‘(D) PAYMENT.—The term ‘payment’ in2 cludes any contribution, donation, transfer, pay3 ment of dues, or other payment. 

4 ‘‘(b) COORDINATION WITH OTHER PROVISIONS.— 

5 ‘‘(1) OTHER REPORTS FILED WITH THE COM6 MISSION.—Information included in a statement filed 

7 under this section may be excluded from statements 

8 and reports filed under section 304. 

9 ‘‘(2) TREATMENT AS SEPARATE SEGREGATED

10 FUND.—A segregated bank account referred to in 

11 subsection (a)(2)(E) may be treated as a separate 

12 segregated fund for purposes of section 527(f)(3) of 

13 the Internal Revenue Code of 1986. 

14 ‘‘(c) FILING.—Statements required to be filed under 

15 subsection (a) shall be subject to the requirements of sec16 tion 304(d) to the same extent and in the same manner 

17 as if such reports had been required under subsection (c) 

18 or (g) of section 304. 

19 ‘‘(d) CAMPAIGN-RELATED DISBURSEMENT DE20 FINED.— 

21 ‘‘(1) IN GENERAL.—In this section, the term 

22 ‘campaign-related disbursement’ means a disburse23 ment by a covered organization for any of the fol24 lowing: 


kjohnson on DSK79L0C42 with BILLS
374 

HR 1 PCS

1 ‘‘(A) An independent expenditure which ex2 pressly advocates the election or defeat of a 

3 clearly identified candidate for election for Fed4 eral office, or is the functional equivalent of ex5 press advocacy because, when taken as a whole, 

6 it can be interpreted by a reasonable person 

7 only as advocating the election or defeat of a 

8 candidate for election for Federal office. 

9 ‘‘(B) Any public communication which re10 fers to a clearly identified candidate for election 

11 for Federal office and which promotes or sup12 ports the election of a candidate for that office, 

13 or attacks or opposes the election of a candidate 

14 for that office, without regard to whether the 

15 communication expressly advocates a vote for or 

16 against a candidate for that office. 

17 ‘‘(C) An electioneering communication, as 

18 defined in section 304(f)(3). 

19 ‘‘(D) A covered transfer. 

20 ‘‘(2) INTENT NOT REQUIRED.—A disbursement 

21 for an item described in subparagraph (A), (B), (C), 

22 or (D) of paragraph (1) shall be treated as a cam23 paign-related disbursement regardless of the intent 

24 of the person making the disbursement. 


kjohnson on DSK79L0C42 with BILLS
375 

HR 1 PCS

1 ‘‘(e) COVERED ORGANIZATION DEFINED.—In this 

2 section, the term ‘covered organization’ means any of the 

3 following: 

4 ‘‘(1) A corporation (other than an organization 

5 described in section 501(c)(3) of the Internal Rev6 enue Code of 1986). 

7 ‘‘(2) A limited liability corporation that is not 

8 otherwise treated as a corporation for purposes of 

9 this Act (other than an organization described in 

10 section 501(c)(3) of the Internal Revenue Code of 

11 1986). 

12 ‘‘(3) An organization described in section 

13 501(c) of such Code and exempt from taxation 

14 under section 501(a) of such Code (other than an 

15 organization described in section 501(c)(3) of such 

16 Code). 

17 ‘‘(4) A labor organization (as defined in section 

18 316(b)). 

19 ‘‘(5) Any political organization under section 

20 527 of the Internal Revenue Code of 1986, other 

21 than a political committee under this Act (except as 

22 provided in paragraph (6)). 

23 ‘‘(6) A political committee with an account that 

24 accepts donations or contributions that do not com25 ply with the contribution limits or source prohibiVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00375 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
376 

HR 1 PCS

1 tions under this Act, but only with respect to such 

2 accounts. 

3 ‘‘(f) COVERED TRANSFER DEFINED.— 

4 ‘‘(1) IN GENERAL.—In this section, the term 

5 ‘covered transfer’ means any transfer or payment of 

6 funds by a covered organization to another person if 

7 the covered organization— 

8 ‘‘(A) designates, requests, or suggests that 

9 the amounts be used for— 

10 ‘‘(i) campaign-related disbursements 

11 (other than covered transfers); or 

12 ‘‘(ii) making a transfer to another 

13 person for the purpose of making or pay14 ing for such campaign-related disburse15 ments; 

16 ‘‘(B) made such transfer or payment in re17 sponse to a solicitation or other request for a 

18 donation or payment for— 

19 ‘‘(i) the making of or paying for cam20 paign-related disbursements (other than 

21 covered transfers); or 

22 ‘‘(ii) making a transfer to another 

23 person for the purpose of making or pay24 ing for such campaign-related disburse25 ments; 


kjohnson on DSK79L0C42 with BILLS
377 

HR 1 PCS

1 ‘‘(C) engaged in discussions with the re2 cipient of the transfer or payment regarding— 

3 ‘‘(i) the making of or paying for cam4 paign-related disbursements (other than 

5 covered transfers); or 

6 ‘‘(ii) donating or transferring any 

7 amount of such transfer or payment to an8 other person for the purpose of making or 

9 paying for such campaign-related disburse10 ments; 

11 ‘‘(D) made campaign-related disburse12 ments (other than a covered transfer) in an ag13 gregate amount of $50,000 or more during the 

14 2-year period ending on the date of the transfer 

15 or payment, or knew or had reason to know 

16 that the person receiving the transfer or pay17 ment made such disbursements in such an ag18 gregate amount during that 2-year period; or 

19 ‘‘(E) knew or had reason to know that the 

20 person receiving the transfer or payment would 

21 make campaign-related disbursements in an ag22 gregate amount of $50,000 or more during the 

23 2-year period beginning on the date of the 

24 transfer or payment. 


kjohnson on DSK79L0C42 with BILLS
378 

HR 1 PCS

1 ‘‘(2) EXCLUSIONS.—The term ‘covered transfer’ 

2 does not include any of the following: 

3 ‘‘(A) A disbursement made by a covered 

4 organization in a commercial transaction in the 

5 ordinary course of any trade or business con6 ducted by the covered organization or in the 

7 form of investments made by the covered orga8 nization. 

9 ‘‘(B) A disbursement made by a covered 

10 organization if— 

11 ‘‘(i) the covered organization prohib12 ited, in writing, the use of such disburse13 ment for campaign-related disbursements; 

14 and 

15 ‘‘(ii) the recipient of the disbursement 

16 agreed to follow the prohibition and depos17 ited the disbursement in an account which 

18 is segregated from any account used to 

19 make campaign-related disbursements. 

20 ‘‘(3) SPECIAL RULE REGARDING TRANSFERS

21 AMONG AFFILIATES.— 

22 ‘‘(A) SPECIAL RULE.—A transfer of an 

23 amount by one covered organization to another 

24 covered organization which is treated as a 

25 transfer between affiliates under subparagraph 


kjohnson on DSK79L0C42 with BILLS
379 

HR 1 PCS

1 (C) shall be considered a covered transfer by 

2 the covered organization which transfers the 

3 amount only if the aggregate amount trans4 ferred during the year by such covered organi5 zation to that same covered organization is 

6 equal to or greater than $50,000. 

7 ‘‘(B) DETERMINATION OF AMOUNT OF

8 CERTAIN PAYMENTS AMONG AFFILIATES.—In 

9 determining the amount of a transfer between 

10 affiliates for purposes of subparagraph (A), to 

11 the extent that the transfer consists of funds 

12 attributable to dues, fees, or assessments which 

13 are paid by individuals on a regular, periodic 

14 basis in accordance with a per-individual cal15 culation which is made on a regular basis, the 

16 transfer shall be attributed to the individuals 

17 paying the dues, fees, or assessments and shall 

18 not be attributed to the covered organization. 

19 ‘‘(C) DESCRIPTION OF TRANSFERS BE20 TWEEN AFFILIATES.—A transfer of amounts 

21 from one covered organization to another cov22 ered organization shall be treated as a transfer 

23 between affiliates if— 

24 ‘‘(i) one of the organizations is an af25 filiate of the other organization; or 


kjohnson on DSK79L0C42 with BILLS
380 

HR 1 PCS

1 ‘‘(ii) each of the organizations is an 

2 affiliate of the same organization, 

3 except that the transfer shall not be treated as 

4 a transfer between affiliates if one of the orga5 nizations is established for the purpose of mak6 ing campaign-related disbursements. 

7 ‘‘(D) DETERMINATION OF AFFILIATE STA8 TUS.—For purposes of subparagraph (C), a 

9 covered organization is an affiliate of another 

10 covered organization if— 

11 ‘‘(i) the governing instrument of the 

12 organization requires it to be bound by de13 cisions of the other organization; 

14 ‘‘(ii) the governing board of the orga15 nization includes persons who are specifi16 cally designated representatives of the 

17 other organization or are members of the 

18 governing board, officers, or paid executive 

19 staff members of the other organization, or 

20 whose service on the governing board is 

21 contingent upon the approval of the other 

22 organization; or 

23 ‘‘(iii) the organization is chartered by 

24 the other organization. 


kjohnson on DSK79L0C42 with BILLS
381 

HR 1 PCS

1 ‘‘(E) COVERAGE OF TRANSFERS TO AF2 FILIATED SECTION 501(c)(3) ORGANIZA3 TIONS.—This paragraph shall apply with re4 spect to an amount transferred by a covered or5 ganization to an organization described in para6 graph (3) of section 501(c) of the Internal Rev7 enue Code of 1986 and exempt from tax under 

8 section 501(a) of such Code in the same man9 ner as this paragraph applies to an amount 

10 transferred by a covered organization to an11 other covered organization. 

12 ‘‘(g) NO EFFECT ON OTHER REPORTING REQUIRE13 MENTS.—Nothing in this section shall be construed to 

14 waive or otherwise affect any other requirement of this 

15 Act which relates to the reporting of campaign-related dis16 bursements.’’. 

17 (2) CONFORMING AMENDMENT.—Section 

18 304(f)(6) of such Act (52 U.S.C. 30104) is amended 

19 by striking ‘‘Any requirement’’ and inserting ‘‘Ex20 cept as provided in section 324(b), any require21 ment’’. 

22 (b) COORDINATION WITH FINCEN.— 

23 (1) IN GENERAL.—The Director of the Finan24 cial Crimes Enforcement Network of the Depart25 ment of the Treasury shall provide the Federal ElecVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00381 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
382 

HR 1 PCS

1 tion Commission with such information as necessary 

2 to assist in administering and enforcing section 324 

3 of the Federal Election Campaign Act of 1971, as 

4 added by this section. 

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

6 the date of the enactment of this Act, the Chairman 

7 of the Federal Election Commission, in consultation 

8 with the Director of the Financial Crimes Enforce9 ment Network of the Department of the Treasury, 

10 shall submit to Congress a report with recommenda11 tions for providing further legislative authority to as12 sist in the administration and enforcement of such 

13 section 324. 

14 SEC. 4112. APPLICATION OF FOREIGN MONEY BAN TO DIS15 BURSEMENTS FOR CAMPAIGN-RELATED DIS16 BURSEMENTS CONSISTING OF COVERED 

17 TRANSFERS. 

18 Section 319(a)(1)(A) of the Federal Election Cam19 paign Act of 1971 (52 U.S.C. 30121(a)(1)(A)), as amend20 ed by section 4102, is amended by striking the semicolon 

21 and inserting the following: ‘‘, and any disbursement, 

22 other than an disbursement described in section 

23 324(a)(3)(A), to another person who made a campaign24 related disbursement consisting of a covered transfer (as 


kjohnson on DSK79L0C42 with BILLS
383 

HR 1 PCS

1 described in section 324) during the 2-year period ending 

2 on the date of the disbursement;’’. 

3 SEC. 4113. EFFECTIVE DATE. 

4 The amendments made by this part shall apply with 

5 respect to disbursements made on or after January 1, 

6 2020, and shall take effect without regard to whether or 

7 not the Federal Election Commission has promulgated 

8 regulations to carry out such amendments. 

9 PART 3—OTHER ADMINISTRATIVE REFORMS 

10 SEC. 4121. PETITION FOR CERTIORARI. 

11 Section 307(a)(6) of the Federal Election Campaign 

12 Act of 1971 (52 U.S.C. 30107(a)(6)) is amended by in13 serting ‘‘(including a proceeding before the Supreme 

14 Court on certiorari)’’ after ‘‘appeal’’. 

15 SEC. 4122. JUDICIAL REVIEW OF ACTIONS RELATED TO 

16 CAMPAIGN FINANCE LAWS. 

17 (a) IN GENERAL.—Title IV of the Federal Election 

18 Campaign Act of 1971 (52 U.S.C. 30141 et seq.) is 

19 amended by inserting after section 406 the following new 

20 section: 

21 ‘‘SEC. 407. JUDICIAL REVIEW. 

22 ‘‘(a) IN GENERAL.—Notwithstanding section 373(f), 

23 if any action is brought for declaratory or injunctive relief 

24 to challenge the constitutionality of any provision of this 

25 Act or of chapter 95 or 96 of the Internal Revenue Code 


kjohnson on DSK79L0C42 with BILLS
384 

HR 1 PCS

1 of 1986, or is brought to with respect to any action of 

2 the Commission under chapter 95 or 96 of the Internal 

3 Revenue Code of 1986, the following rules shall apply: 

4 ‘‘(1) The action shall be filed in the United 

5 States District Court for the District of Columbia 

6 and an appeal from the decision of the district court 

7 may be taken to the Court of Appeals for the Dis8 trict of Columbia Circuit. 

9 ‘‘(2) In the case of an action relating to declar10 atory or injunctive relief to challenge the constitu11 tionality of a provision— 

12 ‘‘(A) a copy of the complaint shall be deliv13 ered promptly to the Clerk of the House of 

14 Representatives and the Secretary of the Sen15 ate; and 

16 ‘‘(B) it shall be the duty of the United 

17 States District Court for the District of Colum18 bia, the Court of Appeals for the District of Co19 lumbia, and the Supreme Court of the United 

20 States to advance on the docket and to expedite 

21 to the greatest possible extent the disposition of 

22 the action and appeal. 

23 ‘‘(b) INTERVENTION BY MEMBERS OF CONGRESS.— 

24 In any action in which the constitutionality of any provi25 sion of this Act or chapter 95 or 96 of the Internal RevVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00384 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
385 

HR 1 PCS

1 enue Code of 1986 is raised, any Member of the House 

2 of Representatives (including a Delegate or Resident Com3 missioner to the Congress) or Senate shall have the right 

4 to intervene either in support of or opposition to the posi5 tion of a party to the case regarding the constitutionality 

6 of the provision. To avoid duplication of efforts and reduce 

7 the burdens placed on the parties to the action, the court 

8 in any such action may make such orders as it considers 

9 necessary, including orders to require interveners taking 

10 similar positions to file joint papers or to be represented 

11 by a single attorney at oral argument. 

12 ‘‘(c) CHALLENGE BY MEMBERS OF CONGRESS.—Any 

13 Member of Congress may bring an action, subject to the 

14 special rules described in subsection (a), for declaratory 

15 or injunctive relief to challenge the constitutionality of any 

16 provision of this Act or chapter 95 or 96 of the Internal 

17 Revenue Code of 1986.’’. 

18 (b) CONFORMING AMENDMENTS.— 

19 (1) IN GENERAL.— 

20 (A) Section 9011 of the Internal Revenue 

21 Code of 1986 is amended to read as follows: 

22 ‘‘SEC. 9011. JUDICIAL REVIEW. 

23 ‘‘For provisions relating to judicial review of certifi24 cations, determinations, and actions by the Commission 


kjohnson on DSK79L0C42 with BILLS
386 

HR 1 PCS

1 under this chapter, see section 407 of the Federal Election 

2 Campaign Act of 1971.’’. 

3 (B) Section 9041 of the Internal Revenue 

4 Code of 1986 is amended to read as follows: 

5 ‘‘SEC. 9041. JUDICIAL REVIEW. 

6 ‘‘For provisions relating to judicial review of actions 

7 by the Commission under this chapter, see section 407 of 

8 the Federal Election Campaign Act of 1971.’’. 

9 (C) Section 403 of the Bipartisan Cam10 paign Reform Act of 2002 (52 U.S.C. 30110 

11 note) is repealed. 

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

13 this section shall apply to actions brought on or after Jan14 uary 1, 2019. 

15 Subtitle C—Honest Ads 

16 SEC. 4201. SHORT TITLE. 

17 This subtitle may be cited as the ‘‘Honest Ads Act’’. 

18 SEC. 4202. PURPOSE. 

19 The purpose of this subtitle is to enhance the integ20 rity of American democracy and national security by im21 proving disclosure requirements for online political adver22 tisements in order to uphold the Supreme Court’s well23 established standard that the electorate bears the right to 

24 be fully informed. 


kjohnson on DSK79L0C42 with BILLS
387 

HR 1 PCS

1 SEC. 4203. FINDINGS. 

2 Congress makes the following findings: 

3 (1) On January 6, 2017, the Office of the Di4 rector of National Intelligence published a report ti5 tled ‘‘Assessing Russian Activities and Intentions in 

6 Recent U.S. Elections’’, noting that ‘‘Russian Presi7 dent Vladimir Putin ordered an influence campaign 

8 in 2016 aimed at the US presidential election * * 

9 *’’. Moscow’s influence campaign followed a Russian 

10 messaging strategy that blends covert intelligence 

11 operation—such as cyber activity—with overt efforts 

12 by Russian Government agencies, state-funded 

13 media, third-party intermediaries, and paid social 

14 media users or ‘‘trolls’’. 

15 (2) On November 24, 2016, The Washington 

16 Post reported findings from 2 teams of independent 

17 researchers that concluded Russians ‘‘exploited 

18 American-made technology platforms to attack U.S. 

19 democracy at a particularly vulnerable moment * * 

20 * as part of a broadly effective strategy of sowing 

21 distrust in U.S. democracy and its leaders.’’. 

22 (3) Findings from a 2017 study on the manipu23 lation of public opinion through social media con24 ducted by the Computational Propaganda Research 

25 Project at the Oxford Internet Institute found that 

26 the Kremlin is using pro-Russian bots to manipulate 


kjohnson on DSK79L0C42 with BILLS
388 

HR 1 PCS

1 public discourse to a highly targeted audience. With 

2 a sample of nearly 1,300,000 tweets, researchers 

3 found that in the 2016 election’s 3 decisive States, 

4 propaganda constituted 40 percent of the sampled 

5 election-related tweets that went to Pennsylvanians, 

6 34 percent to Michigan voters, and 30 percent to 

7 those in Wisconsin. In other swing States, the figure 

8 reached 42 percent in Missouri, 41 percent in Flor9 ida, 40 percent in North Carolina, 38 percent in 

10 Colorado, and 35 percent in Ohio. 

11 (4) On September 6, 2017, the nation’s largest 

12 social media platform disclosed that between June 

13 2015 and May 2017, Russian entities purchased 

14 $100,000 in political advertisements, publishing 

15 roughly 3,000 ads linked to fake accounts associated 

16 with the Internet Research Agency, a pro-Kremlin 

17 organization. According to the company, the ads 

18 purchased focused ‘‘on amplifying divisive social and 

19 political messages * * *’’. 

20 (5) In 2002, the Bipartisan Campaign Reform 

21 Act became law, establishing disclosure requirements 

22 for political advertisements distributed from a tele23 vision or radio broadcast station or provider of cable 

24 or satellite television. In 2003, the Supreme Court 

25 upheld regulations on electioneering communications 


kjohnson on DSK79L0C42 with BILLS
389 

HR 1 PCS

1 established under the Act, noting that such require2 ments ‘‘provide the electorate with information and 

3 insure that the voters are fully informed about the 

4 person or group who is speaking.’’. 

5 (6) According to a study from Borrell Associ6 ates, in 2016, $1,415,000,000 was spent on online 

7 advertising, more than quadruple the amount in 

8 2012. 

9 (7) The reach of a few large internet plat10 forms—larger than any broadcast, satellite, or cable 

11 provider—has greatly facilitated the scope and effec12 tiveness of disinformation campaigns. For instance, 

13 the largest platform has over 210,000,000 Ameri14 cans users—over 160,000,000 of them on a daily 

15 basis. By contrast, the largest cable television pro16 vider has 22,430,000 subscribers, while the largest 

17 satellite television provider has 21,000,000 sub18 scribers. And the most-watched television broadcast 

19 in United States history had 118,000,000 viewers. 

20 (8) The public nature of broadcast television, 

21 radio, and satellite ensures a level of publicity for 

22 any political advertisement. These communications 

23 are accessible to the press, fact-checkers, and polit24 ical opponents; this creates strong disincentives for 

25 a candidate to disseminate materially false, inflamVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00389 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
390 

HR 1 PCS

1 matory, or contradictory messages to the public. So2 cial media platforms, in contrast, can target portions 

3 of the electorate with direct, ephemeral advertise4 ments often on the basis of private information the 

5 platform has on individuals, enabling political adver6 tisements that are contradictory, racially or socially 

7 inflammatory, or materially false. 

8 (9) According to comScore, 2 companies own 8 

9 of the 10 most popular smartphone applications as 

10 of June 2017, including the most popular social 

11 media and email services—which deliver information 

12 and news to users without requiring proactivity by 

13 the user. Those same 2 companies accounted for 99 

14 percent of revenue growth from digital advertising in 

15 2016, including 77 percent of gross spending. 79 

16 percent of online Americans—representing 68 per17 cent of all Americans—use the single largest social 

18 network, while 66 percent of these users are most 

19 likely to get their news from that site. 

20 (10) In its 2006 rulemaking, the Federal Elec21 tion Commission noted that only 18 percent of all 

22 Americans cited the internet as their leading source 

23 of news about the 2004 Presidential election; by con24 trast, the Pew Research Center found that 65 per25 cent of Americans identified an internet-based 


kjohnson on DSK79L0C42 with BILLS
391 

HR 1 PCS

1 source as their leading source of information for the 

2 2016 election. 

3 (11) The Federal Election Commission, the 

4 independent Federal agency charged with protecting 

5 the integrity of the Federal campaign finance proc6 ess by providing transparency and administering 

7 campaign finance laws, has failed to take action to 

8 address online political advertisements. 

9 (12) In testimony before the Senate Select 

10 Committee on Intelligence titled, ‘‘Disinformation: A 

11 Primer in Russian Active Measures and Influence 

12 Campaigns’’, multiple expert witnesses testified that 

13 while the disinformation tactics of foreign adver14 saries have not necessarily changed, social media 

15 services now provide ‘‘platform[s] practically pur16 pose-built for active measures[.]’’ Similarly, as Gen. 

17 Keith B. Alexander (RET.), the former Director of 

18 the National Security Agency, testified, during the 

19 Cold War ‘‘if the Soviet Union sought to manipulate 

20 information flow, it would have to do so principally 

21 through its own propaganda outlets or through ac22 tive measures that would generate specific news: 

23 planting of leaflets, inciting of violence, creation of 

24 other false materials and narratives. But the news 

25 itself was hard to manipulate because it would have 


kjohnson on DSK79L0C42 with BILLS
392 

HR 1 PCS

1 required actual control of the organs of media, which 

2 took long-term efforts to penetrate. Today, however, 

3 because the clear majority of the information on so4 cial media sites is uncurated and there is a rapid 

5 proliferation of information sources and other sites 

6 that can reinforce information, there is an increasing 

7 likelihood that the information available to average 

8 consumers may be inaccurate (whether intentionally 

9 or otherwise) and may be more easily manipulable 

10 than in prior eras.’’. 

11 (13) Current regulations on political advertise12 ments do not provide sufficient transparency to up13 hold the public’s right to be fully informed about po14 litical advertisements made online. 

15 SEC. 4204. SENSE OF CONGRESS. 

16 It is the sense of Congress that— 

17 (1) the dramatic increase in digital political ad18 vertisements, and the growing centrality of online 

19 platforms in the lives of Americans, requires the 

20 Congress and the Federal Election Commission to 

21 take meaningful action to ensure that laws and reg22 ulations provide the accountability and transparency 

23 that is fundamental to our democracy; 

24 (2) free and fair elections require both trans25 parency and accountability which give the public a 


kjohnson on DSK79L0C42 with BILLS
393 

HR 1 PCS

1 right to know the true sources of funding for polit2 ical advertisements in order to make informed polit3 ical choices and hold elected officials accountable; 

4 and 

5 (3) transparency of funding for political adver6 tisements is essential to enforce other campaign fi7 nance laws, including the prohibition on campaign 

8 spending by foreign nationals. 

9 SEC. 4205. EXPANSION OF DEFINITION OF PUBLIC COMMU10 NICATION. 

11 (a) IN GENERAL.—Paragraph (22) of section 301 of 

12 the Federal Election Campaign Act of 1971 (52 U.S.C. 

13 30101(22)) is amended by striking ‘‘or satellite commu14 nication’’ and inserting ‘‘satellite, paid internet, or paid 

15 digital communication’’. 

16 (b) TREATMENT OF CONTRIBUTIONS AND EXPENDI17 TURES.—Section 301 of such Act (52 U.S.C. 30101) is 

18 amended— 

19 (1) in paragraph (8)(B)(v), by striking ‘‘on 

20 broadcasting stations, or in newspapers, magazines, 

21 or similar types of general public political adver22 tising’’ and inserting ‘‘in any public communica23 tion’’; and 

24 (2) in paragraph (9)(B)— 


kjohnson on DSK79L0C42 with BILLS
394 

HR 1 PCS

1 (A) by amending clause (i) to read as fol2 lows: 

3 ‘‘(i) any news story, commentary, or 

4 editorial distributed through the facilities 

5 of any broadcasting station or any print, 

6 online, or digital newspaper, magazine, 

7 blog, publication, or periodical, unless such 

8 broadcasting, print, online, or digital facili9 ties are owned or controlled by any polit10 ical party, political committee, or can11 didate;’’; and 

12 (B) in clause (iv), by striking ‘‘on broad13 casting stations, or in newspapers, magazines, 

14 or similar types of general public political ad15 vertising’’ and inserting ‘‘in any public commu16 nication’’. 

17 (c) DISCLOSURE AND DISCLAIMER STATEMENTS.— 

18 Subsection (a) of section 318 of such Act (52 U.S.C. 

19 30120) is amended— 

20 (1) by striking ‘‘financing any communication 

21 through any broadcasting station, newspaper, maga22 zine, outdoor advertising facility, mailing, or any 

23 other type of general public political advertising’’ 

24 and inserting ‘‘financing any public communication’’; 

25 and 


kjohnson on DSK79L0C42 with BILLS
395 

HR 1 PCS

1 (2) by striking ‘‘solicits any contribution 

2 through any broadcasting station, newspaper, maga3 zine, outdoor advertising facility, mailing, or any 

4 other type of general public political advertising’’ 

5 and inserting ‘‘solicits any contribution through any 

6 public communication’’. 

7 SEC. 4206. EXPANSION OF DEFINITION OF ELECTION8 EERING COMMUNICATION. 

9 (a) EXPANSION TO ONLINE COMMUNICATIONS.— 

10 (1) APPLICATION TO QUALIFIED INTERNET AND

11 DIGITAL COMMUNICATIONS.— 

12 (A) IN GENERAL.—Subparagraph (A) of 

13 section 304(f)(3) of the Federal Election Cam14 paign Act of 1971 (52 U.S.C. 30104(f)(3)(A)) 

15 is amended by striking ‘‘or satellite communica16 tion’’ each place it appears in clauses (i) and 

17 (ii) and inserting ‘‘satellite, or qualified internet 

18 or digital communication’’. 

19 (B) QUALIFIED INTERNET OR DIGITAL

20 COMMUNICATION.—Paragraph (3) of section 

21 304(f) of such Act (52 U.S.C. 30104(f)) is 

22 amended by adding at the end the following 

23 new subparagraph: 

24 ‘‘(D) QUALIFIED INTERNET OR DIGITAL

25 COMMUNICATION.—The term ‘qualified internet 


kjohnson on DSK79L0C42 with BILLS
396 

HR 1 PCS

1 or digital communication’ means any commu2 nication which is placed or promoted for a fee 

3 on an online platform (as defined in subsection 

4 (j)(3)).’’. 

5 (2) NONAPPLICATION OF RELEVANT ELEC6 TORATE TO ONLINE COMMUNICATIONS.—Section 

7 304(f)(3)(A)(i)(III) of such Act (52 U.S.C. 

8 30104(f)(3)(A)(i)(III)) is amended by inserting ‘‘any 

9 broadcast, cable, or satellite’’ before ‘‘communica10 tion’’. 

11 (3) NEWS EXEMPTION.—Section 

12 304(f)(3)(B)(i) of such Act (52 U.S.C. 

13 30104(f)(3)(B)(i)) is amended to read as follows: 

14 ‘‘(i) a communication appearing in a 

15 news story, commentary, or editorial dis16 tributed through the facilities of any 

17 broadcasting station or any online or dig18 ital newspaper, magazine, blog, publica19 tion, or periodical, unless such broad20 casting, online, or digital facilities are 

21 owned or controlled by any political party, 

22 political committee, or candidate;’’. 

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

24 this section shall apply with respect to communications 

25 made on or after January 1, 2020. 


kjohnson on DSK79L0C42 with BILLS
397 

HR 1 PCS

1 SEC. 4207. APPLICATION OF DISCLAIMER STATEMENTS TO 

2 ONLINE COMMUNICATIONS. 

3 (a) CLEAR AND CONSPICUOUS MANNER REQUIRE4 MENT.—Subsection (a) of section 318 of the Federal Elec5 tion Campaign Act of 1971 (52 U.S.C. 30120(a)) is 

6 amended— 

7 (1) by striking ‘‘shall clearly state’’ each place 

8 it appears in paragraphs (1), (2), and (3) and in9 serting ‘‘shall state in a clear and conspicuous man10 ner’’; and 

11 (2) by adding at the end the following flush 

12 sentence: ‘‘For purposes of this section, a commu13 nication does not make a statement in a clear and 

14 conspicuous manner if it is difficult to read or hear 

15 or if the placement is easily overlooked.’’. 

16 (b) SPECIAL RULES FOR QUALIFIED INTERNET OR

17 DIGITAL COMMUNICATIONS.— 

18 (1) IN GENERAL.—Section 318 of such Act (52 

19 U.S.C. 30120) is amended by adding at the end the 

20 following new subsection: 

21 ‘‘(e) SPECIAL RULES FOR QUALIFIED INTERNET OR

22 DIGITAL COMMUNICATIONS.— 

23 ‘‘(1) SPECIAL RULES WITH RESPECT TO STATE24 MENTS.—In the case of any qualified internet or 

25 digital communication (as defined in section 

26 304(f)(3)(D)) which is disseminated through a meVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00397 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
398 

HR 1 PCS

1 dium in which the provision of all of the information 

2 specified in this section is not possible, the commu3 nication shall, in a clear and conspicuous manner— 

4 ‘‘(A) state the name of the person who 

5 paid for the communication; and 

6 ‘‘(B) provide a means for the recipient of 

7 the communication to obtain the remainder of 

8 the information required under this section with 

9 minimal effort and without receiving or viewing 

10 any additional material other than such re11 quired information. 

12 ‘‘(2) SAFE HARBOR FOR DETERMINING CLEAR

13 AND CONSPICUOUS MANNER.—A statement in quali14 fied internet or digital communication (as defined in 

15 section 304(f)(3)(D)) shall be considered to be made 

16 in a clear and conspicuous manner as provided in 

17 subsection (a) if the communication meets the fol18 lowing requirements: 

19 ‘‘(A) TEXT OR GRAPHIC COMMUNICA20 TIONS.—In the case of a text or graphic com21 munication, the statement— 

22 ‘‘(i) appears in letters at least as large 

23 as the majority of the text in the commu24 nication; and 


kjohnson on DSK79L0C42 with BILLS
399 

HR 1 PCS

1 ‘‘(ii) meets the requirements of para2 graphs (2) and (3) of subsection (c). 

3 ‘‘(B) AUDIO COMMUNICATIONS.—In the 

4 case of an audio communication, the statement 

5 is spoken in a clearly audible and intelligible 

6 manner at the beginning or end of the commu7 nication and lasts at least 3 seconds. 

8 ‘‘(C) VIDEO COMMUNICATIONS.—In the 

9 case of a video communication which also in10 cludes audio, the statement— 

11 ‘‘(i) is included at either the beginning 

12 or the end of the communication; and 

13 ‘‘(ii) is made both in— 

14 ‘‘(I) a written format that meets 

15 the requirements of subparagraph (A) 

16 and appears for at least 4 seconds; 

17 and 

18 ‘‘(II) an audible format that 

19 meets the requirements of subpara20 graph (B). 

21 ‘‘(D) OTHER COMMUNICATIONS.—In the 

22 case of any other type of communication, the 

23 statement is at least as clear and conspicuous 

24 as the statement specified in subparagraph (A), 

25 (B), or (C).’’. 


kjohnson on DSK79L0C42 with BILLS
400 

HR 1 PCS

1 (2) NONAPPLICATION OF CERTAIN EXCEP2 TIONS.—The exceptions provided in section 

3 110.11(f)(1)(i) and (ii) of title 11, Code of Federal 

4 Regulations, or any successor to such rules, shall 

5 have no application to qualified internet or digital 

6 communications (as defined in section 304(f)(3)(D) 

7 of the Federal Election Campaign Act of 1971). 

8 (c) MODIFICATION OF ADDITIONAL REQUIREMENTS

9 FOR CERTAIN COMMUNICATIONS.—Section 318(d) of such 

10 Act (52 U.S.C. 30120(d)) is amended— 

11 (1) in paragraph (1)(A)— 

12 (A) by striking ‘‘which is transmitted 

13 through radio’’ and inserting ‘‘which is in an 

14 audio format’’; and 

15 (B) by striking ‘‘BY RADIO’’ in the heading 

16 and inserting ‘‘AUDIO FORMAT’’; 

17 (2) in paragraph (1)(B)— 

18 (A) by striking ‘‘which is transmitted 

19 through television’’ and inserting ‘‘which is in 

20 video format’’; and 

21 (B) by striking ‘‘BY TELEVISION’’ in the 

22 heading and inserting ‘‘VIDEO FORMAT’’; and 

23 (3) in paragraph (2)— 


kjohnson on DSK79L0C42 with BILLS
401 

HR 1 PCS

1 (A) by striking ‘‘transmitted through radio 

2 or television’’ and inserting ‘‘made in audio or 

3 video format’’; and 

4 (B) by striking ‘‘through television’’ in the 

5 second sentence and inserting ‘‘in video for6 mat’’. 

7 SEC. 4208. POLITICAL RECORD REQUIREMENTS FOR ON8 LINE PLATFORMS. 

9 (a) IN GENERAL.—Section 304 of the Federal Elec10 tion Campaign Act of 1971 (52 U.S.C. 30104) is amended 

11 by adding at the end the following new subsection: 

12 ‘‘(j) DISCLOSURE OF CERTAIN ONLINE ADVERTISE13 MENTS.— 

14 ‘‘(1) IN GENERAL.— 

15 ‘‘(A) REQUIREMENTS FOR ONLINE PLAT16 FORMS.—An online platform shall maintain, 

17 and make available for online public inspection 

18 in machine readable format, a complete record 

19 of any request to purchase on such online plat20 form a qualified political advertisement which is 

21 made by a person whose aggregate requests to 

22 purchase qualified political advertisements on 

23 such online platform during the calendar year 

24 exceeds $500. 


kjohnson on DSK79L0C42 with BILLS
402 

HR 1 PCS

1 ‘‘(B) REQUIREMENTS FOR ADVER2 TISERS.—Any person who requests to purchase 

3 a qualified political advertisement on an online 

4 platform shall provide the online platform with 

5 such information as is necessary for the online 

6 platform to comply with the requirements of 

7 subparagraph (A). 

8 ‘‘(2) CONTENTS OF RECORD.—A record main9 tained under paragraph (1)(A) shall contain— 

10 ‘‘(A) a digital copy of the qualified political 

11 advertisement; 

12 ‘‘(B) a description of the audience targeted 

13 by the advertisement, the number of views gen14 erated from the advertisement, and the date 

15 and time that the advertisement is first dis16 played and last displayed; and 

17 ‘‘(C) information regarding— 

18 ‘‘(i) the average rate charged for the 

19 advertisement; 

20 ‘‘(ii) the name of the candidate to 

21 which the advertisement refers and the of22 fice to which the candidate is seeking elec23 tion, the election to which the advertise24 ment refers, or the national legislative 


kjohnson on DSK79L0C42 with BILLS
403 

HR 1 PCS

1 issue to which the advertisement refers (as 

2 applicable); 

3 ‘‘(iii) in the case of a request made 

4 by, or on behalf of, a candidate, the name 

5 of the candidate, the authorized committee 

6 of the candidate, and the treasurer of such 

7 committee; and 

8 ‘‘(iv) in the case of any request not 

9 described in clause (iii), the name of the 

10 person purchasing the advertisement, the 

11 name and address of a contact person for 

12 such person, and a list of the chief execu13 tive officers or members of the executive 

14 committee or of the board of directors of 

15 such person. 

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 


kjohnson on DSK79L0C42 with BILLS
404 

HR 1 PCS

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


kjohnson on DSK79L0C42 with BILLS
405 

HR 1 PCS

1 SUBJECT TO RECORD MAINTENANCE REQUIRE2 MENTS.— 

3 ‘‘(A) AVAILABILITY OF SAFE HARBOR.—In 

4 accordance with rules established by the Com5 mission, if an online platform shows that the 

6 platform used best efforts to determine whether 

7 or not a request to purchase a qualified political 

8 advertisement was subject to the requirements 

9 of this subsection, the online platform shall not 

10 be considered to be in violation of such require11 ments. 

12 ‘‘(B) SPECIAL RULES FOR DISBURSEMENT

13 PAID WITH CREDIT CARD.—For purposes of 

14 subparagraph (A), an online platform shall be 

15 considered to have used best efforts in the case 

16 of a purchase of a qualified political advertise17 ment which is made with a credit card if— 

18 ‘‘(i) the individual or entity making 

19 such purchase is required, at the time of 

20 making such purchase, to disclose the cred21 it verification value of such credit card; 

22 and 

23 ‘‘(ii) the billing address associated 

24 with such credit card is located in the 

25 United States or, in the case of a purchase 


kjohnson on DSK79L0C42 with BILLS
406 

HR 1 PCS

1 made by an individual who is a United 

2 States citizen living outside of the United 

3 States, the individual provides the online 

4 platform with the United States mailing 

5 address the individual uses for voter reg6 istration purposes. 

7 ‘‘(7) PENALTIES.—For penalties for failure by 

8 online platforms, and persons requesting to purchase 

9 a qualified political advertisement on online plat10 forms, to comply with the requirements of this sub11 section, see section 309.’’. 

12 (b) RULEMAKING.—Not later than 120 days after the 

13 date of the enactment of this Act, the Federal Election 

14 Commission shall establish rules— 

15 (1) requiring common data formats for the 

16 record required to be maintained under section 

17 304(j) of the Federal Election Campaign Act of 

18 1971 (as added by subsection (a)) so that all online 

19 platforms submit and maintain data online in a com20 mon, machine-readable and publicly accessible for21 mat; 

22 (2) establishing search interface requirements 

23 relating to such record, including searches by can24 didate name, issue, purchaser, and date; and 


kjohnson on DSK79L0C42 with BILLS
407 

HR 1 PCS

1 (3) establishing the criteria for the safe harbor 

2 exception provided under paragraph (6) of section 

3 304(j) 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(j) 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 


kjohnson on DSK79L0C42 with BILLS
408 

HR 1 PCS

1 4101(a)(2) and section 4101(b), is further amended by 

2 adding at the end the following new subsection: 

3 ‘‘(e) RESPONSIBILITIES OF BROADCAST STATIONS, 

4 PROVIDERS OF CABLE AND SATELLITE TELEVISION, AND

5 ONLINE PLATFORMS.—Each television or radio broadcast 

6 station, provider of cable or satellite television, or online 

7 platform (as defined in section 304(j)(3)) shall make rea8 sonable efforts to ensure that communications described 

9 in section 318(a) and made available by such station, pro10 vider, or platform are not purchased by a foreign national, 

11 directly or indirectly.’’. 

12 Subtitle D—Stand By Every Ad 

13 SEC. 4301. SHORT TITLE. 

14 This subtitle may be cited as the ‘‘Stand By Every 

15 Ad Act’’. 

16 SEC. 4302. STAND BY EVERY AD. 

17 (a) EXPANDED DISCLAIMER REQUIREMENTS FOR

18 CERTAIN COMMUNICATIONS.—Section 318 of the Federal 

19 Election Campaign Act of 1971 (52 U.S.C. 30120), as 

20 amended by section 4207(b)(1), is further amended— 

21 (1) by redesignating subsection (e) as sub22 section (f); and 

23 (2) by inserting after subsection (d) the fol24 lowing new subsection: 


kjohnson on DSK79L0C42 with BILLS
409 

HR 1 PCS

1 ‘‘(e) EXPANDED DISCLAIMER REQUIREMENTS FOR

2 COMMUNICATIONS NOT AUTHORIZED BY CANDIDATES OR

3 COMMITTEES.— 

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (6), any communication described in para6 graph (3) of subsection (a) which is transmitted in 

7 an audio or video format (including an Internet or 

8 digital communication), or which is an Internet or 

9 digital communication transmitted in a text or 

10 graphic format, shall include, in addition to the re11 quirements of paragraph (3) of subsection (a), the 

12 following: 

13 ‘‘(A) The individual disclosure statement 

14 described in paragraph (2)(A) (if the person 

15 paying for the communication is an individual) 

16 or the organizational disclosure statement de17 scribed in paragraph (2)(B) (if the person pay18 ing for the communication is not an individual). 

19 ‘‘(B) If the communication is transmitted 

20 in a video format, or is an Internet or digital 

21 communication which is transmitted in a text or 

22 graphic format, and is paid for in whole or in 

23 part with a payment which is treated as a cam24 paign-related disbursement under section 324— 


kjohnson on DSK79L0C42 with BILLS
410 

HR 1 PCS

1 ‘‘(i) the Top Five 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 Five 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 Five Funders 

13 list, the name of a website which contains 

14 the Top Five Funders list (if applicable) 

15 or, in the case of an Internet or digital 

16 communication, a hyperlink to such 

17 website. 

18 ‘‘(C) If the communication is transmitted 

19 in an audio format and is paid for in whole or 

20 in part with a payment which is treated as a 

21 campaign-related disbursement under section 

22 324— 

23 ‘‘(i) the Top Two Funders list (if ap24 plicable); or 


kjohnson on DSK79L0C42 with BILLS
411 

HR 1 PCS

1 ‘‘(ii) in the case of a communication 

2 which, as determined on the basis of cri3 teria established in regulations issued by 

4 the Commission, is of such short duration 

5 that including the Top Two Funders list in 

6 the communication would constitute a 

7 hardship to the person paying for the com8 munication by requiring a disproportionate 

9 amount of the content of the communica10 tion to consist of the Top Two Funders 

11 list, the name of a website which contains 

12 the Top Two Funders list (if applicable). 

13 ‘‘(2) DISCLOSURE STATEMENTS DESCRIBED.— 

14 ‘‘(A) INDIVIDUAL DISCLOSURE STATE15 MENTS.—The individual disclosure statement 

16 described in this subparagraph is the following: 

17 ‘I am llllllll, and I approve this 

18 message.’, with the blank filled in with the 

19 name of the applicable individual. 

20 ‘‘(B) ORGANIZATIONAL DISCLOSURE

21 STATEMENTS.—The organizational disclosure 

22 statement described in this subparagraph is the 

23 following: ‘I am llllllll, the 

24 llllllll of llllllll, and 


kjohnson on DSK79L0C42 with BILLS
412 

HR 1 PCS

1 llllllll approves this message.’, 

2 with— 

3 ‘‘(i) the first blank to be filled in with 

4 the name of the applicable individual; 

5 ‘‘(ii) the second blank to be filled in 

6 with the title of the applicable individual; 

7 and 

8 ‘‘(iii) the third and fourth blank each 

9 to be filled in with the name of the organi10 zation or other person paying for the com11 munication. 

12 ‘‘(3) METHOD OF CONVEYANCE OF STATE13 MENT.— 

14 ‘‘(A) COMMUNICATIONS IN TEXT OR

15 GRAPHIC FORMAT.—In the case of a commu16 nication to which this subsection applies which 

17 is transmitted in a text or graphic format, the 

18 disclosure statements required under paragraph 

19 (1) shall appear in letters at least as large as 

20 the majority of the text in the communication. 

21 ‘‘(B) COMMUNICATIONS TRANSMITTED IN

22 AUDIO FORMAT.—In the case of a communica23 tion to which this subsection applies which is 

24 transmitted in an audio format, the disclosure 

25 statements required under paragraph (1) shall 


kjohnson on DSK79L0C42 with BILLS
413 

HR 1 PCS

1 be made by audio by the applicable individual 

2 in a clear and conspicuous manner. 

3 ‘‘(C) COMMUNICATIONS TRANSMITTED IN

4 VIDEO FORMAT.—In the case of a communica5 tion to which this subsection applies which is 

6 transmitted in a video format, the information 

7 required under paragraph (1)— 

8 ‘‘(i) shall appear in writing at the end 

9 of the communication or in a crawl along 

10 the bottom of the communication in a clear 

11 and conspicuous manner, with a reasonable 

12 degree of color contrast between the back13 ground and the printed statement, for a 

14 period of at least 6 seconds; and 

15 ‘‘(ii) shall also be conveyed by an 

16 unobscured, full-screen view of the applica17 ble individual or by the applicable indi18 vidual making the statement in voice-over 

19 accompanied by a clearly identifiable pho20 tograph or similar image of the individual, 

21 except in the case of a Top Five Funders 

22 list. 

23 ‘‘(4) APPLICABLE INDIVIDUAL DEFINED.—The 

24 term ‘applicable individual’ means, with respect to a 

25 communication to which this subsection applies— 


kjohnson on DSK79L0C42 with BILLS
414 

HR 1 PCS

1 ‘‘(A) if the communication is paid for by 

2 an individual, the individual involved; 

3 ‘‘(B) if the communication is paid for by a 

4 corporation, the chief executive officer of the 

5 corporation (or, if the corporation does not have 

6 a chief executive officer, the highest ranking of7 ficial of the corporation); 

8 ‘‘(C) if the communication is paid for by a 

9 labor organization, the highest ranking officer 

10 of the labor organization; and 

11 ‘‘(D) if the communication is paid for by 

12 any other person, the highest ranking official of 

13 such person. 

14 ‘‘(5) TOP FIVE FUNDERS LIST AND TOP TWO

15 FUNDERS LIST DEFINED.— 

16 ‘‘(A) TOP FIVE FUNDERS LIST.—The term 

17 ‘Top Five Funders list’ means, with respect to 

18 a communication which is paid for in whole or 

19 in part with a campaign-related disbursement 

20 (as defined in section 324), a list of the five 

21 persons who, during the 12-month period end22 ing on the date of the disbursement, provided 

23 the largest payments of any type in an aggre24 gate amount equal to or exceeding $10,000 to 

25 the person who is paying for the communication 


kjohnson on DSK79L0C42 with BILLS
415 

HR 1 PCS

1 and the amount of the payments each such per2 son provided. If two or more people provided 

3 the fifth largest of such payments, the person 

4 paying for the communication shall select one of 

5 those persons to be included on the Top Five 

6 Funders list. 

7 ‘‘(B) TOP TWO FUNDERS LIST.—The term 

8 ‘Top Two Funders list’ means, with respect to 

9 a communication which is paid for in whole or 

10 in part with a campaign-related disbursement 

11 (as defined in section 324), a list of the persons 

12 who, during the 12-month period ending on the 

13 date of the disbursement, provided the largest 

14 and the second largest payments of any type in 

15 an aggregate amount equal to or exceeding 

16 $10,000 to the person who is paying for the 

17 communication and the amount of the pay18 ments each such person provided. If two or 

19 more persons provided the second largest of 

20 such payments, the person paying for the com21 munication shall select one of those persons to 

22 be included on the Top Two Funders list. 

23 ‘‘(C) EXCLUSION OF CERTAIN PAY24 MENTS.—For purposes of subparagraphs (A) 

25 and (B), in determining the amount of payVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00415 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
416 

HR 1 PCS

1 ments made by a person to a person paying for 

2 a communication, there shall be excluded the 

3 following: 

4 ‘‘(i) Any amounts provided in the or5 dinary course of any trade or business con6 ducted by the person paying for the com7 munication or in the form of investments 

8 in the person paying for the communica9 tion. 

10 ‘‘(ii) Any payment which the person 

11 prohibited, in writing, from being used for 

12 campaign-related disbursements, but only 

13 if the person paying for the communication 

14 agreed to follow the prohibition and depos15 ited the payment in an account which is 

16 segregated from any account used to make 

17 campaign-related disbursements. 

18 ‘‘(6) SPECIAL RULES FOR CERTAIN COMMU19 NICATIONS.— 

20 ‘‘(A) EXCEPTION FOR COMMUNICATIONS

21 PAID FOR BY POLITICAL PARTIES AND CERTAIN

22 POLITICAL COMMITTEES.—This subsection does 

23 not apply to any communication to which sub24 section (d)(2) applies. 


kjohnson on DSK79L0C42 with BILLS
417 

HR 1 PCS

1 ‘‘(B) TREATMENT OF VIDEO COMMUNICA2 TIONS LASTING 10 SECONDS OR LESS.—In the 

3 case of a communication to which this sub4 section applies which is transmitted in a video 

5 format, or is an Internet or digital communica6 tion which is transmitted in a text or graphic 

7 format, the communication shall meet the fol8 lowing requirements: 

9 ‘‘(i) The communication shall include 

10 the individual disclosure statement de11 scribed in paragraph (2)(A) (if the person 

12 paying for the communication is an indi13 vidual) or the organizational disclosure 

14 statement described in paragraph (2)(B) 

15 (if the person paying for the communica16 tion is not an individual). 

17 ‘‘(ii) The statement described in 

18 clause (i) shall appear in writing at the 

19 end of the communication, or in a crawl 

20 along the bottom of the communication, in 

21 a clear and conspicuous manner, with a 

22 reasonable degree of color contrast between 

23 the background and the printed statement, 

24 for a period of at least 4 seconds. 


kjohnson on DSK79L0C42 with BILLS
418 

HR 1 PCS

1 ‘‘(iii) The communication shall in2 clude, in a clear and conspicuous manner, 

3 a website address with a landing page 

4 which will provide all of the information 

5 described in paragraph (1) with respect to 

6 the communication. Such address shall ap7 pear for the full duration of the commu8 nication. 

9 ‘‘(iv) To the extent that the format in 

10 which the communication is made permits 

11 the use of a hyperlink, the communication 

12 shall include a hyperlink to the website ad13 dress described in clause (iii).’’. 

14 (b) APPLICATION OF EXPANDED REQUIREMENTS TO

15 PUBLIC COMMUNICATIONS CONSISTING OF CAMPAIGN16 RELATED DISBURSEMENTS.—Section 318(a) of such Act 

17 (52 U.S.C. 30120(a)) is amended by striking ‘‘for the pur18 pose of financing communications expressly advocating the 

19 election or defeat of a clearly identified candidate’’ and 

20 inserting ‘‘for a campaign-related disbursement, as de21 fined in section 324, consisting of a public communica22 tion’’. 

23 (c) EXCEPTION FOR COMMUNICATIONS PAID FOR BY

24 POLITICAL PARTIES AND CERTAIN POLITICAL COMMITVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00418 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
419 

HR 1 PCS

1 TEES.—Section 318(d)(2) of such Act (52 U.S.C. 

2 30120(d)(2)) is amended— 

3 (1) in the heading, by striking ‘‘OTHERS’’ and 

4 inserting ‘‘CERTAIN POLITICAL COMMITTEES’’; 

5 (2) by striking ‘‘Any communication’’ and in6 serting ‘‘(A) Any communication’’; 

7 (3) by inserting ‘‘which (except to the extent 

8 provided in subparagraph (B)) is paid for by a polit9 ical committee (including a political committee of a 

10 political party) and’’ after ‘‘subsection (a)’’; 

11 (4) by striking ‘‘or other person’’ each place it 

12 appears; and 

13 (5) by adding at the end the following new sub14 paragraph: 

15 ‘‘(B)(i) This paragraph does not apply to a 

16 communication paid for in whole or in part during 

17 a calendar year with a campaign-related disburse18 ment, but only if the covered organization making 

19 the campaign-related disbursement made campaign20 related disbursements (as defined in section 324) ag21 gregating more than $10,000 during such calendar 

22 year. 

23 ‘‘(ii) For purposes of clause (i), in determining 

24 the amount of campaign-related disbursements made 


kjohnson on DSK79L0C42 with BILLS
420 

HR 1 PCS

1 by a covered organization during a year, there shall 

2 be excluded the following: 

3 ‘‘(I) Any amounts received by the covered 

4 organization in the ordinary course of any trade 

5 or business conducted by the covered organiza6 tion or in the form of investments in the cov7 ered organization. 

8 ‘‘(II) Any amounts received by the covered 

9 organization from a person who prohibited, in 

10 writing, the organization from using such 

11 amounts for campaign-related disbursements, 

12 but only if the covered organization agreed to 

13 follow the prohibition and deposited the 

14 amounts in an account which is segregated 

15 from any account used to make campaign-re16 lated disbursements.’’. 

17 SEC. 4303. DISCLAIMER REQUIREMENTS FOR COMMUNICA18 TIONS MADE THROUGH PRERECORDED TELE19 PHONE CALLS. 

20 (a) APPLICATION OF REQUIREMENTS.— 

21 (1) IN GENERAL.—Section 318(a) of the Fed22 eral Election Campaign Act of 1971 (52 U.S.C. 

23 30120(a)), as amended by section 4205(c), is 

24 amended by inserting after ‘‘public communication’’ 

25 each place it appears the following: ‘‘(including a 


kjohnson on DSK79L0C42 with BILLS
421 

HR 1 PCS

1 telephone call consisting in substantial part of a 

2 prerecorded audio message)’’. 

3 (2) APPLICATION TO COMMUNICATIONS SUB4 JECT TO EXPANDED DISCLAIMER REQUIREMENTS.— 

5 Section 318(e)(1) of such Act (52 U.S.C. 

6 30120(e)(1)), as added by section 4302(a), is 

7 amended in the matter preceding subparagraph (A) 

8 by striking ‘‘which is transmitted in an audio or 

9 video format’’ and inserting ‘‘which is transmitted in 

10 an audio or video format or which consists of a tele11 phone call consisting in substantial part of a 

12 prerecorded audio message’’. 

13 (b) TREATMENT AS COMMUNICATION TRANSMITTED

14 IN AUDIO FORMAT.— 

15 (1) COMMUNICATIONS BY CANDIDATES OR AU16 THORIZED PERSONS.—Section 318(d) of such Act 

17 (52 U.S.C. 30120(d)) is amended by adding at the 

18 end the following new paragraph: 

19 ‘‘(3) PRERECORDED TELEPHONE CALLS.—Any 

20 communication described in paragraph (1), (2), or 

21 (3) of subsection (a) (other than a communication 

22 which is subject to subsection (e)) which is a tele23 phone call consisting in substantial part of a 

24 prerecorded audio message shall include, in addition 

25 to the requirements of such paragraph, the audio 


kjohnson on DSK79L0C42 with BILLS
422 

HR 1 PCS

1 statement required under subparagraph (A) of para2 graph (1) or the audio statement required under 

3 paragraph (2) (whichever is applicable), except that 

4 the statement shall be made at the beginning of the 

5 telephone call.’’. 

6 (2) COMMUNICATIONS SUBJECT TO EXPANDED

7 DISCLAIMER REQUIREMENTS.—Section 318(e)(3) of 

8 such Act (52 U.S.C. 30120(e)(3)), as added by sec9 tion 4302(a), is amended by adding at the end the 

10 following new subparagraph: 

11 ‘‘(D) PRERECORDED TELEPHONE

12 CALLS.—In the case of a communication to 

13 which this subsection applies which is a tele14 phone call consisting in substantial part of a 

15 prerecorded audio message, the communication 

16 shall be considered to be transmitted in an 

17 audio format.’’. 

18 SEC. 4304. NO EXPANSION OF PERSONS SUBJECT TO DIS19 CLAIMER REQUIREMENTS ON INTERNET 

20 COMMUNICATIONS. 

21 Nothing in this subtitle or the amendments made by 

22 this subtitle may be construed to require any person who 

23 is not required under section 318 of the Federal Election 

24 Campaign Act of 1971 (as provided under section 110.11 

25 of title 11 of the Code of Federal Regulations) to include 


kjohnson on DSK79L0C42 with BILLS
423 

HR 1 PCS

1 a disclaimer on communications made by the person 

2 through the internet to include any disclaimer on any such 

3 communications. 

4 SEC. 4305. EFFECTIVE DATE. 

5 The amendments made by this subtitle shall apply 

6 with respect to communications made on or after January 

7 1, 2020, and shall take effect without regard to whether 

8 or not the Federal Election Commission has promulgated 

9 regulations to carry out such amendments. 

10 Subtitle E—Secret Money 

11 Transparency 

12 SEC. 4401. REPEAL OF RESTRICTION OF USE OF FUNDS BY 

13 INTERNAL REVENUE SERVICE TO BRING 

14 TRANSPARENCY TO POLITICAL ACTIVITY OF 

15 CERTAIN NONPROFIT ORGANIZATIONS. 

16 Section 124 of the Financial Services and General 

17 Government Appropriations Act, 2019 (division D of Pub18 lic Law 116–6) is hereby repealed. 

19 SEC. 4402. REPEAL OF REVENUE PROCEDURE THAT ELIMI20 NATED REQUIREMENT TO REPORT INFORMA21 TION REGARDING CONTRIBUTORS TO CER22 TAIN TAX-EXEMPT ORGANIZATIONS. 

23 Revenue Procedure 2018–38 shall have no force and 

24 effect. 


kjohnson on DSK79L0C42 with BILLS
424 

HR 1 PCS

1 Subtitle F—Shareholder Right-to2 Know 

3 SEC. 4501. REPEAL OF RESTRICTION ON USE OF FUNDS BY 

4 SECURITIES AND EXCHANGE COMMISSION TO 

5 ENSURE SHAREHOLDERS OF CORPORATIONS 

6 HAVE KNOWLEDGE OF CORPORATION POLIT7 ICAL ACTIVITY. 

8 Section 629 of the Financial Services and General 

9 Government Appropriations Act, 2019 (division D of Pub10 lic Law 116–6) is hereby repealed. 

11 SEC. 4502. ASSESSMENT OF SHAREHOLDER PREFERENCES 

12 FOR DISBURSEMENTS FOR POLITICAL PUR13 POSES. 

14 (a) ASSESSMENT REQUIRED.—The Securities Ex15 change Act of 1934 (15 U.S.C. 78a et seq.) is amended 

16 by inserting after section 10D the following: 

17 ‘‘SEC. 10E. ASSESSMENT OF SHAREHOLDER PREFERENCES 

18 FOR DISBURSEMENTS FOR POLITICAL PUR19 POSES. 

20 ‘‘(a) ASSESSMENT REQUIRED BEFORE MAKING A

21 DISBURSEMENT FOR A POLITICAL PURPOSE.— 

22 ‘‘(1) REQUIREMENT.—An issuer with an equity 

23 security listed on a national securities exchange may 

24 not make a disbursement for a political purpose un25 less— 


kjohnson on DSK79L0C42 with BILLS
425 

HR 1 PCS

1 ‘‘(A) the issuer has in place procedures to 

2 assess the preferences of the shareholders of the 

3 issuer with respect to making such disburse4 ments; and 

5 ‘‘(B) such an assessment has been made 

6 within the 1-year period ending on the date of 

7 such disbursement. 

8 ‘‘(2) TREATMENT OF ISSUERS WHOSE SHARE9 HOLDERS ARE PROHIBITED FROM EXPRESSING

10 PREFERENCES.—Notwithstanding paragraph (1), an 

11 issuer described under such paragraph with proce12 dures in place to assess the preferences of its share13 holders with respect to making disbursements for 

14 political purposes shall not be considered to meet the 

15 requirements of such paragraph if a majority of the 

16 number of the outstanding equity securities of the 

17 issuer are held by persons who are prohibited from 

18 expressing partisan or political preferences by law, 

19 contract, or the requirement to meet a fiduciary 

20 duty. 

21 ‘‘(b) ASSESSMENT REQUIREMENTS.—The assess22 ment described under subsection (a) shall assess— 

23 ‘‘(1) which types of disbursements for a polit24 ical purpose the shareholder believes the issuer 

25 should make; 


kjohnson on DSK79L0C42 with BILLS
426 

HR 1 PCS

1 ‘‘(2) whether the shareholder believes that such 

2 disbursements should be made in support of, or in 

3 opposition to, Republican, Democratic, Independent, 

4 or other political party candidates and political com5 mittees; 

6 ‘‘(3) whether the shareholder believes that such 

7 disbursements should be made with respect to elec8 tions for Federal, State, or local office; and 

9 ‘‘(4) such other information as the Commission 

10 may specify, by rule. 

11 ‘‘(c) DISBURSEMENT FOR A POLITICAL PURPOSE DE12 FINED.— 

13 ‘‘(1) IN GENERAL.—For purposes of this sec14 tion, the term ‘disbursement for a political purpose’ 

15 means any of the following: 

16 ‘‘(A) A disbursement for an independent 

17 expenditure, as defined in section 301(17) of 

18 the Federal Election Campaign Act of 1971 (52 

19 U.S.C. 30101(17)). 

20 ‘‘(B) A disbursement for an electioneering 

21 communication, as defined in section 304(f) of 

22 the Federal Election Campaign Act of 1971 (52 

23 U.S.C. 30104(f)). 

24 ‘‘(C) A disbursement for any public com25 munication, as defined in section 301(22) of the 


kjohnson on DSK79L0C42 with BILLS
427 

HR 1 PCS

1 Federal Election Campaign Act of 1971 (52 

2 U.S.C. 30101(22)— 

3 ‘‘(i) which expressly advocates the 

4 election or defeat of a clearly identified 

5 candidate for election for Federal office, or 

6 is the functional equivalent of express ad7 vocacy because, when taken as a whole, it 

8 can be interpreted by a reasonable person 

9 only as advocating the election or defeat of 

10 a candidate for election for Federal office; 

11 or 

12 ‘‘(ii) which refers to a clearly identi13 fied candidate for election for Federal of14 fice and which promotes or support a can15 didate for that office, or attacks or opposes 

16 a candidate for that office, without regard 

17 to whether the communication expressly 

18 advocates a vote for or against a candidate 

19 for that office. 

20 ‘‘(D) Any other disbursement which is 

21 made for the purpose of influencing the out22 come of an election for a public office. 

23 ‘‘(E) Any transfer of funds to another per24 son which is made with the intent that such 

25 person will use the funds to make a disburseVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00427 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
428 

HR 1 PCS

1 ment described in subparagraphs (A) through 

2 (D), or with the knowledge that the person will 

3 use the funds to make such a disbursement. 

4 ‘‘(2) EXCEPTIONS.—The term ‘disbursement 

5 for a political purpose’ does not include any of the 

6 following: 

7 ‘‘(A) Any disbursement made from a sepa8 rate segregated fund of the corporation under 

9 section 316 of the Federal Election Campaign 

10 Act of 1971 (52 U.S.C. 30118). 

11 ‘‘(B) Any transfer of funds to another per12 son which is made in a commercial transaction 

13 in the ordinary course of any trade or business 

14 conducted by the corporation or in the form of 

15 investments made by the corporation. 

16 ‘‘(C) Any transfer of funds to another per17 son which is subject to a written prohibition 

18 against the use of the funds for a disbursement 

19 for a political purpose. 

20 ‘‘(d) OTHER DEFINITIONS.—In this section, each of 

21 the terms ‘candidate’, ‘election’, ‘political committee’, and 

22 ‘political party’ has the meaning given such term under 

23 section 301 of the Federal Election Campaign Act of 1971 

24 (52 U.S.C. 30101).’’. 


kjohnson on DSK79L0C42 with BILLS
429 

HR 1 PCS

1 (b) CONFORMING AMENDMENT TO FEDERAL ELEC2 TION CAMPAIGN ACT OF 1971 TO PROHIBIT DISBURSE3 MENTS BY CORPORATIONS FAILING TO ASSESS PREF4 ERENCES.—Section 316 of the Federal Election Campaign 

5 Act of 1971 (52 U.S.C. 30118) is amended by adding at 

6 the end the following new subsection: 

7 ‘‘(d) PROHIBITING DISBURSEMENTS BY CORPORA8 TIONS FAILING TO ASSESS SHAREHOLDER PREF9 ERENCES.— 

10 ‘‘(1) PROHIBITION.—It shall be unlawful for a 

11 corporation to make a disbursement for a political 

12 purpose unless the corporation has in place proce13 dures to assess the preferences of its shareholders 

14 with respect to making such disbursements, as pro15 vided in section 10E of the Securities Exchange Act 

16 of 1934. 

17 ‘‘(2) DEFINITION.—In this section, the term 

18 ‘disbursement for a political purpose’ has the mean19 ing given such term in section 10E(c) of the Securi20 ties Exchange Act of 1934.’’. 

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

22 this section shall apply with respect to disbursements 

23 made on or after December 31, 2019. 


kjohnson on DSK79L0C42 with BILLS
430 

HR 1 PCS

1 Subtitle G—Disclosure of Political 

2 Spending by Government Con3 tractors 

4 SEC. 4601. REPEAL OF RESTRICTION ON USE OF FUNDS TO 

5 REQUIRE DISCLOSURE OF POLITICAL SPEND6 ING BY GOVERNMENT CONTRACTORS. 

7 Section 735 of the Financial Services and General 

8 Government Appropriations Act, 2019 (division D of Pub9 lic Law 116–6) is hereby repealed. 

10 Subtitle H—Limitation and Disclo11 sure Requirements for Presi12 dential Inaugural Committees 

13 SEC. 4701. SHORT TITLE. 

14 This subtitle may be cited as the ‘‘Presidential Inau15 gural Committee Oversight Act’’. 

16 SEC. 4702. LIMITATIONS AND DISCLOSURE OF CERTAIN DO17 NATIONS TO, AND DISBURSEMENTS BY, INAU18 GURAL COMMITTEES. 

19 (a) REQUIREMENTS FOR INAUGURAL COMMIT20 TEES.—Title III of the Federal Election Campaign Act 

21 of 1971 (52 U.S.C. 30101 et seq.) is amended by adding 

22 at the end the following new section: 

23 ‘‘SEC. 325. INAUGURAL COMMITTEES. 

24 ‘‘(a) PROHIBITED DONATIONS.— 

25 ‘‘(1) IN GENERAL.—It shall be unlawful— 


kjohnson on DSK79L0C42 with BILLS
431 

HR 1 PCS

1 ‘‘(A) for an Inaugural Committee— 

2 ‘‘(i) to solicit, accept, or receive a do3 nation from a person that is not an indi4 vidual; or 

5 ‘‘(ii) to solicit, accept, or receive a do6 nation from a foreign national; 

7 ‘‘(B) for a person— 

8 ‘‘(i) to make a donation to an Inau9 gural Committee in the name of another 

10 person, or to knowingly authorize his or 

11 her name to be used to effect such a dona12 tion; 

13 ‘‘(ii) to knowingly accept a donation 

14 to an Inaugural Committee made by a per15 son in the name of another person; or 

16 ‘‘(iii) to convert a donation to an In17 augural Committee to personal use as de18 scribed in paragraph (2); and 

19 ‘‘(C) for a foreign national to, directly or 

20 indirectly, make a donation, or make an express 

21 or implied promise to make a donation, to an 

22 Inaugural Committee. 

23 ‘‘(2) CONVERSION OF DONATION TO PERSONAL

24 USE.—For purposes of paragraph (1)(B)(iii), a do25 nation shall be considered to be converted to perVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00431 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
432 

HR 1 PCS

1 sonal use if any part of the donated amount is used 

2 to fulfill a commitment, obligation, or expense of a 

3 person that would exist irrespective of the respon4 sibilities of the Inaugural Committee under chapter 

5 5 of title 36, United States Code. 

6 ‘‘(3) NO EFFECT ON DISBURSEMENT OF UN7 USED FUNDS TO NONPROFIT ORGANIZATIONS.— 

8 Nothing in this subsection may be construed to pro9 hibit an Inaugural Committee from disbursing un10 used funds to an organization which is described in 

11 section 501(c)(3) of the Internal Revenue Code of 

12 1986 and is exempt from taxation under section 

13 501(a) of such Code. 

14 ‘‘(b) LIMITATION ON DONATIONS.— 

15 ‘‘(1) IN GENERAL.—It shall be unlawful for an 

16 individual to make donations to an Inaugural Com17 mittee which, in the aggregate, exceed $50,000. 

18 ‘‘(2) INDEXING.—At the beginning of each 

19 Presidential election year (beginning with 2024), the 

20 amount described in paragraph (1) shall be in21 creased by the cumulative percent difference deter22 mined in section 315(c)(1)(A) since the previous 

23 Presidential election year. If any amount after such 

24 increase is not a multiple of $1,000, such amount 

25 shall be rounded to the nearest multiple of $1,000. 


kjohnson on DSK79L0C42 with BILLS
433 

HR 1 PCS

1 ‘‘(c) DISCLOSURE OF CERTAIN DONATIONS AND DIS2 BURSEMENTS.— 

3 ‘‘(1) DONATIONS OVER $1,000.— 

4 ‘‘(A) IN GENERAL.—An Inaugural Com5 mittee shall file with the Commission a report 

6 disclosing any donation by an individual to the 

7 committee in an amount of $1,000 or more not 

8 later than 24 hours after the receipt of such do9 nation. 

10 ‘‘(B) CONTENTS OF REPORT.—A report 

11 filed under subparagraph (A) shall contain— 

12 ‘‘(i) the amount of the donation; 

13 ‘‘(ii) the date the donation is received; 

14 and 

15 ‘‘(iii) the name and address of the in16 dividual making the donation. 

17 ‘‘(2) FINAL REPORT.—Not later than the date 

18 that is 90 days after the date of the Presidential in19 augural ceremony, the Inaugural Committee shall 

20 file with the Commission a report containing the fol21 lowing information: 

22 ‘‘(A) For each donation of money or any23 thing of value made to the committee in an ag24 gregate amount equal to or greater than 

25 $200— 


kjohnson on DSK79L0C42 with BILLS
434 

HR 1 PCS

1 ‘‘(i) the amount of the donation; 

2 ‘‘(ii) the date the donation is received; 

3 and 

4 ‘‘(iii) the name and address of the in5 dividual making the donation. 

6 ‘‘(B) The total amount of all disburse7 ments, and all disbursements in the following 

8 categories: 

9 ‘‘(i) Disbursements made to meet 

10 committee operating expenses. 

11 ‘‘(ii) Repayment of all loans. 

12 ‘‘(iii) Donation refunds and other off13 sets to donations. 

14 ‘‘(iv) Any other disbursements. 

15 ‘‘(C) The name and address of each per16 son— 

17 ‘‘(i) to whom a disbursement in an ag18 gregate amount or value in excess of $200 

19 is made by the committee to meet a com20 mittee operating expense, together with 

21 date, amount, and purpose of such oper22 ating expense; 

23 ‘‘(ii) who receives a loan repayment 

24 from the committee, together with the date 

25 and amount of such loan repayment; 


kjohnson on DSK79L0C42 with BILLS
435 

HR 1 PCS

1 ‘‘(iii) who receives a donation refund 

2 or other offset to donations from the com3 mittee, together with the date and amount 

4 of such disbursement; and 

5 ‘‘(iv) to whom any other disbursement 

6 in an aggregate amount or value in excess 

7 of $200 is made by the committee, to8 gether with the date and amount of such 

9 disbursement. 

10 ‘‘(d) DEFINITIONS.—For purposes of this section: 

11 ‘‘(1)(A) The term ‘donation’ includes— 

12 ‘‘(i) any gift, subscription, loan, ad13 vance, or deposit of money or anything of 

14 value made by any person to the com15 mittee; or 

16 ‘‘(ii) the payment by any person of 

17 compensation for the personal services of 

18 another person which are rendered to the 

19 committee without charge for any purpose. 

20 ‘‘(B) The term ‘donation’ does not include 

21 the value of services provided without com22 pensation by any individual who volunteers on 

23 behalf of the committee. 

24 ‘‘(2) The term ‘foreign national’ has the mean25 ing given that term by section 319(b). 


kjohnson on DSK79L0C42 with BILLS
436 

HR 1 PCS

1 ‘‘(3) The term ‘Inaugural Committee’ has the 

2 meaning given that term by section 501 of title 36, 

3 United States Code.’’. 

4 (b) CONFIRMING AMENDMENT RELATED TO RE5 PORTING REQUIREMENTS.—Section 304 of the Federal 

6 Election Campaign Act of 1971 (52 U.S.C. 30104) is 

7 amended— 

8 (1) by striking subsection (h); and 

9 (2) by redesignating subsection (i) as subsection 

10 (h). 

11 (c) CONFORMING AMENDMENT RELATED TO STATUS

12 OF COMMITTEE.—Section 510 of title 36, United States 

13 Code, is amended to read as follows: 

14 ‘‘§ 510. Disclosure of and prohibition on certain dona15 tions 

16 ‘‘A committee shall not be considered to be the Inau17 gural Committee for purposes of this chapter unless the 

18 committee agrees to, and meets, the requirements of sec19 tion 325 of the Federal Election Campaign Act of 1971.’’. 

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

21 this Act shall apply with respect to Inaugural Committees 

22 established under chapter 5 of title 36, United States 

23 Code, for inaugurations held in 2021 and any succeeding 

24 year. 


kjohnson on DSK79L0C42 with BILLS
437 

HR 1 PCS

1 Subtitle I—Severability 

2 SEC. 4801. SEVERABILITY. 

3 If any provision of this title or amendment made by 

4 this title, or the application of a provision or amendment 

5 to any person or circumstance, is held to be unconstitu6 tional, the remainder of this title and amendments made 

7 by this title, and the application of the provisions and 

8 amendment to any person or circumstance, shall not be 

9 affected by the holding. 

10 TITLE V—CAMPAIGN FINANCE 

11 EMPOWERMENT 

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. 


kjohnson on DSK79L0C42 with BILLS
438 

HR 1 PCS

‘‘Sec. 512. Qualifying requirements. 

‘‘Sec. 513. Certification. 

‘‘Subtitle C—Requirements for Candidates Certified as Participating 

Candidates 

‘‘Sec. 521. Contribution and expenditure requirements. 

‘‘Sec. 522. Administration of campaign. 

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

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

‘‘Subtitle D—Enhanced Match Support 

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

‘‘Sec. 532. Eligibility. 

‘‘Sec. 533. Amount. 

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

election. 

‘‘Subtitle E—Administrative Provisions 

‘‘Sec. 541. Freedom From Influence Fund. 

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

‘‘Sec. 543. Administration by Commission. 

‘‘Sec. 544. Violations and penalties. 

‘‘Sec. 545. Appeals process. 

‘‘Sec. 546. Indexing of amounts. 

‘‘Sec. 547. Election cycle defined. 

Sec. 5112. Contributions and expenditures by multicandidate and political 

party committees on behalf of participating candidates. 

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

Sec. 5114. 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. 


kjohnson on DSK79L0C42 with BILLS
439 

HR 1 PCS

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. 

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. 


kjohnson on DSK79L0C42 with BILLS
440 

HR 1 PCS

1 (2) The Supreme Court’s decisions in Citizens 

2 United v. Federal Election Commission, 558 U.S. 

3 310 (2010) and McCutcheon v. FEC, 572 U.S. 185 

4 (2014), as well as other court decisions, erroneously 

5 invalidated even-handed rules about the spending of 

6 money in local, State, and Federal elections. These 

7 flawed decisions have empowered large corporations, 

8 extremely wealthy individuals, and special interests 

9 to dominate election spending, corrupt our politics, 

10 and degrade our democracy through tidal waves of 

11 unlimited and anonymous spending. These decisions 

12 also stand in contrast to a long history of efforts by 

13 Congress and the States to regulate money in poli14 tics to protect democracy, and they illustrate a trou15 bling deregulatory trend in campaign finance-related 

16 court decisions. Additionally, an unknown amount of 

17 foreign money continues to be spent in our political 

18 system as subsidiaries of foreign-based corporations 

19 and hostile foreign actors sometimes connected to 

20 nation-States work to influence our elections. 

21 (3) The Supreme Court’s misinterpretation of 

22 the Constitution to empower monied interests at the 

23 expense of the American people in elections has seri24 ously eroded over 100 years of congressional action 


kjohnson on DSK79L0C42 with BILLS
441 

HR 1 PCS

1 to promote fairness and protect elections from the 

2 toxic influence of money. 

3 (4) In 1907, Congress passed the Tillman Act 

4 in response to the concentration of corporate power 

5 in the post-Civil War Gilded Age. The Act prohibited 

6 corporations from making contributions in connec7 tion with Federal elections, aiming ‘‘not merely to 

8 prevent the subversion of the integrity of the elec9 toral process [but] * * * to sustain the active, alert 

10 responsibility of the individual citizen in a democ11 racy for the wise conduct of government’’. 

12 (5) By 1910, Congress began passing disclosure 

13 requirements and campaign expenditure limits, and 

14 dozens of States passed corrupt practices Acts to 

15 prohibit corporate spending in elections. States also 

16 enacted campaign spending limits, and some States 

17 limited the amount that people could contribute to 

18 campaigns. 

19 (6) In 1947, the Taft-Hartley Act prohibited 

20 corporations and unions from making campaign con21 tributions or other expenditures to influence elec22 tions. In 1962, a Presidential commission on election 

23 spending recommended spending limits and incen24 tives to increase small contributions from more peo25 ple. 


kjohnson on DSK79L0C42 with BILLS
442 

HR 1 PCS

1 (7) The Federal Election Campaign Act of 

2 1971 (FECA), as amended in 1974, required disclo3 sure of contributions and expenditures, imposed con4 tribution and expenditure limits for individuals and 

5 groups, set spending limits for campaigns, can6 didates, and groups, implemented a public funding 

7 system for Presidential campaigns, and created the 

8 Federal Election Commission to oversee and enforce 

9 the new rules. 

10 (8) In the wake of Citizens United and other 

11 damaging Federal court decisions, Americans have 

12 witnessed an explosion of outside spending in elec13 tions. Outside spending increased nearly 900 percent 

14 between the 2008 and 2016 Presidential election 

15 years. Indeed, the 2018 elections once again made 

16 clear the overwhelming political power of wealthy 

17 special interests, to the tune of over $5,000,000,000. 

18 And as political entities adapt to a post- Citizens 

19 United, post-McCutcheon landscape, these trends are 

20 getting worse, as evidenced by the experience in the 

21 2018 midterm congressional elections, where outside 

22 spending more than doubled from the previous mid23 term cycle. 

24 (9) The torrent of money flowing into our polit25 ical system has a profound effect on the democratic 


kjohnson on DSK79L0C42 with BILLS
443 

HR 1 PCS

1 process for everyday Americans, whose voices and 

2 policy preferences are increasingly being drowned 

3 out by those of wealthy special interests. The more 

4 campaign cash from wealthy special interests can 

5 flood our elections, the more policies that favor those 

6 interests are reflected in the national political agen7 da. When it comes to policy preferences, our Na8 tion’s wealthiest tend to have fundamentally dif9 ferent views than do average Americans when it 

10 comes to issues ranging from unemployment benefits 

11 to the minimum wage to health care coverage. 

12 (10) The Court has tied the hands of Congress 

13 and the States, severely restricting them from set14 ting reasonable limits on campaign spending. For 

15 example, the Court has held that only the Govern16 ment’s interest in preventing quid pro quo corrup17 tion, like bribery, or the appearance of such corrup18 tion, can justify limits on campaign contributions. 

19 More broadly, the Court has severely curtailed at20 tempts to reduce the ability of the Nation’s wealthi21 est and most powerful to skew our democracy in 

22 their favor by buying outsized influence in our elec23 tions. Because this distortion of the Constitution has 

24 prevented truly meaningful regulation or reform of 

25 the way we finance elections in America, a constituVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00443 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
444 

HR 1 PCS

1 tional amendment is needed to achieve a democracy 

2 for all the people. 

3 (11) Since the landmark Citizens United deci4 sion, 19 States and nearly 800 municipalities, in5 cluding large cities like New York, Los Angeles, Chi6 cago, and Philadelphia, have gone on record sup7 porting a constitutional amendment. Transcending 

8 political leanings and geographic location, voters in 

9 States and municipalities across the country that 

10 have placed amendment questions on the ballot have 

11 routinely supported these initiatives by considerably 

12 large margins. 

13 (12) At the same time millions of Americans 

14 have signed petitions, marched, called their Members 

15 of Congress, written letters to the editor, and other16 wise demonstrated their public support for a con17 stitutional amendment to overturn Citizens United 

18 that will allow Congress to reign in the outsized in19 fluence of unchecked money in politics. Dozens of 

20 organizations, representing tens of millions of indi21 viduals, have come together in a shared strategy of 

22 supporting such an amendment. 

23 (13) In order to protect the integrity of democ24 racy and the electoral process and to ensure political 

25 equality for all, the Constitution should be amended 


kjohnson on DSK79L0C42 with BILLS
445 

HR 1 PCS

1 so that Congress and the States may regulate and 

2 set limits on the raising and spending of money to 

3 influence elections and may distinguish between nat4 ural persons and artificial entities, like corporations, 

5 that are created by law, including by prohibiting 

6 such artificial entities from spending money to influ7 ence elections. 

8 Subtitle B—Congressional 

9 Elections 

10 SEC. 5100. SHORT TITLE. 

11 This subtitle may be cited as the ‘‘Government By 

12 the People Act of 2019’’. 

13 PART 1—MY VOICE VOUCHER PILOT PROGRAM 

14 SEC. 5101. ESTABLISHMENT OF PILOT PROGRAM. 

15 (a) ESTABLISHMENT.—The Federal Election Com16 mission (hereafter in this part referred to as the ‘‘Commis17 sion’’) shall establish a pilot program under which the 

18 Commission shall select 3 eligible States to operate a 

19 voucher pilot program which is described in section 5102 

20 during the program operation period. 

21 (b) ELIGIBILITY OF STATES.—A State is eligible to 

22 be selected to operate a voucher pilot program under this 

23 part if, not later than 180 days after the beginning of the 

24 program application period, the State submits to the Com25 mission an application containing— 


kjohnson on DSK79L0C42 with BILLS
446 

HR 1 PCS

1 (1) information and assurances that the State 

2 will operate a voucher program which contains the 

3 elements described in section 5102(a); 

4 (2) information and assurances that the State 

5 will establish fraud prevention mechanisms described 

6 in section 5102(b); 

7 (3) information and assurances that the State 

8 will establish a commission to oversee and implement 

9 the program as described in section 5102(c); 

10 (4) information and assurances that the State 

11 will carry out a public information campaign as de12 scribed in section 5102(d); 

13 (5) information and assurances that the State 

14 will submit reports as required under section 5103; 

15 and 

16 (6) such other information and assurances as 

17 the Commission may require. 

18 (c) SELECTION OF PARTICIPATING STATES.— 

19 (1) IN GENERAL.—Not later than 1 year after 

20 the beginning of the program application period, the 

21 Commission shall select the 3 States which will oper22 ate voucher pilot programs under this part. 

23 (2) CRITERIA.—In selecting States for the oper24 ation of the voucher pilot programs under this part, 

25 the Commission shall apply such criteria and metrics 


kjohnson on DSK79L0C42 with BILLS
447 

HR 1 PCS

1 as the Commission considers appropriate to deter2 mine the ability of a State to operate the program 

3 successfully, and shall attempt to select States in a 

4 variety of geographic regions and with a variety of 

5 political party preferences. 

6 (3) NO SUPERMAJORITY REQUIRED FOR SELEC7 TION.—The selection of States by the Commission 

8 under this subsection shall require the approval of 

9 only half of the Members of the Commission. 

10 (d) DUTIES OF STATES DURING PROGRAM PREPARA11 TION PERIOD.—During the program preparation period, 

12 each State selected to operate a voucher pilot program 

13 under this part shall take such actions as may be nec14 essary to ensure that the State will be ready to operate 

15 the program during the program operation period, and 

16 shall complete such actions not later than 90 days before 

17 the beginning of the program operation period. 

18 (e) TERMINATION.—Each voucher pilot program 

19 under this part shall terminate as of the first day after 

20 the program operation period. 

21 (f) REIMBURSEMENT OF COSTS.— 

22 (1) REIMBURSEMENT.—Upon receiving the re23 port submitted by a State under section 5103(a) 

24 with respect to an election cycle, the Commission 

25 shall transmit a payment to the State in an amount 


kjohnson on DSK79L0C42 with BILLS
448 

HR 1 PCS

1 equal to the reasonable costs incurred by the State 

2 in operating the voucher pilot program under this 

3 part during the cycle. 

4 (2) SOURCE OF FUNDS.—Payments to States 

5 under the program shall be made using amounts in 

6 the Freedom From Influence Fund under section 

7 541 of the Federal Election Campaign Act of 1971 

8 (as added by section 5111), hereafter referred to as 

9 the ‘‘Fund’’. 

10 (3) MANDATORY REDUCTION OF PAYMENTS IN

11 CASE OF INSUFFICIENT AMOUNTS IN FREEDOM

12 FROM INFLUENCE FUND.— 

13 (A) ADVANCE AUDITS BY COMMISSION.— 

14 Not later than 90 days before the first day of 

15 each program operation period, the Commission 

16 shall— 

17 (i) audit the Fund to determine 

18 whether, after first making payments to 

19 participating candidates under title V of 

20 the Federal Election Campaign Act of 

21 1971 (as added by section 5111), the 

22 amounts remaining in the Fund will be 

23 sufficient to make payments to States 

24 under this part in the amounts provided 

25 under this subsection; and 


kjohnson on DSK79L0C42 with BILLS
449 

HR 1 PCS

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 an election cycle involved is not, or 

11 may not be, sufficient to make payments to 

12 States under this part in the full amount 

13 provided under this subsection, the Com14 mission shall reduce each amount which 

15 would otherwise be paid to a State under 

16 this subsection by such pro rata amount as 

17 may be necessary to ensure that the aggre18 gate amount of payments anticipated to be 

19 made with respect to the cycle will not ex20 ceed the amount anticipated to be available 

21 for such payments in the Fund with re22 spect to such cycle. 

23 (ii) RESTORATION OF REDUCTIONS IN

24 CASE OF AVAILABILITY OF SUFFICIENT

25 FUNDS DURING ELECTION CYCLE.—If, 


kjohnson on DSK79L0C42 with BILLS
450 

HR 1 PCS

1 after reducing the amounts paid to States 

2 with respect to an election cycle under 

3 clause (i), the Commission determines that 

4 there are sufficient amounts in the Fund 

5 to restore the amount by which such pay6 ments were reduced (or any portion there7 of), to the extent that such amounts are 

8 available, the Commission may make a 

9 payment on a pro rata basis to each such 

10 State with respect to the cycle in the 

11 amount by which such State’s payments 

12 were reduced under clause (i) (or any por13 tion thereof, as the case may be). 

14 (iii) NO USE OF AMOUNTS FROM

15 OTHER SOURCES.—In any case in which 

16 the Commission determines that there are 

17 insufficient moneys in the Fund to make 

18 payments to States under this part, mon19 eys shall not be made available from any 

20 other source for the purpose of making 

21 such payments. 

22 (4) CAP ON AMOUNT OF PAYMENT.—The aggre23 gate amount of payments made to any State with re24 spect to any program operation period may not ex25 ceed $10,000,000. If the State determines that the 


kjohnson on DSK79L0C42 with BILLS
451 

HR 1 PCS

1 maximum payment amount under this paragraph 

2 with respect to the program operation period in3 volved is not, or may not be, sufficient to cover the 

4 reasonable costs incurred by the State in operating 

5 the program under this part for such period, the 

6 State shall reduce the amount of the voucher pro7 vided to each qualified individual by such pro rata 

8 amount as may be necessary to ensure that the rea9 sonable costs incurred by the State in operating the 

10 program will not exceed the amount paid to the 

11 State with respect to such period. 

12 SEC. 5102. VOUCHER PROGRAM DESCRIBED. 

13 (a) GENERAL ELEMENTS OF PROGRAM.— 

14 (1) ELEMENTS DESCRIBED.—The elements of a 

15 voucher pilot program operated by a State under 

16 this part are as follows: 

17 (A) The State shall provide each qualified 

18 individual upon the individual’s request with a 

19 voucher worth $25 to be known as a ‘‘My Voice 

20 Voucher’’ during the election cycle which will be 

21 assigned a routing number and which at the op22 tion of the individual will be provided in either 

23 paper or electronic form. 

24 (B) Using the routing number assigned to 

25 the My Voice Voucher, the individual may subVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00451 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
452 

HR 1 PCS

1 mit the My Voice Voucher in either electronic 

2 or paper form to qualified candidates for elec3 tion for the office of Representative in, or Dele4 gate or Resident Commissioner to, the Congress 

5 and allocate such portion of the value of the My 

6 Voice Voucher in increments of $5 as the indi7 vidual may select to any such candidate. 

8 (C) If the candidate transmits the My 

9 Voice Voucher to the Commission, the Commis10 sion shall pay the candidate the portion of the 

11 value of the My Voice Voucher that the indi12 vidual allocated to the candidate, which shall be 

13 considered a contribution by the individual to 

14 the candidate for purposes of the Federal Elec15 tion Campaign Act of 1971. 

16 (2) DESIGNATION OF QUALIFIED INDIVID17 UALS.—For purposes of paragraph (1)(A), a ‘‘quali18 fied individual’’ with respect to a State means an in19 dividual— 

20 (A) who is a resident of the State; 

21 (B) who will be of voting age as of the 

22 date of the election for the candidate to whom 

23 the individual submits a My Voice Voucher; and 


kjohnson on DSK79L0C42 with BILLS
453 

HR 1 PCS

1 (C) who is not prohibited under Federal 

2 law from making contributions to candidates 

3 for election for Federal office. 

4 (3) TREATMENT AS CONTRIBUTION TO CAN5 DIDATE.—For purposes of the Federal Election 

6 Campaign Act of 1971, the submission of a My 

7 Voice Voucher to a candidate by an individual shall 

8 be treated as a contribution to the candidate by the 

9 individual in the amount of the portion of the value 

10 of the Voucher that the individual allocated to the 

11 candidate. 

12 (b) FRAUD PREVENTION MECHANISM.—In addition 

13 to the elements described in subsection (a), a State oper14 ating a voucher pilot program under this part shall permit 

15 an individual to revoke a My Voice Voucher not later than 

16 2 days after submitting the My Voice Voucher to a can17 didate. 

18 (c) OVERSIGHT COMMISSION.—In addition to the ele19 ments described in subsection (a), a State operating a 

20 voucher pilot program under this part shall establish a 

21 commission or designate an existing entity to oversee and 

22 implement the program in the State, except that no such 

23 commission or entity may be comprised of elected officials. 

24 (d) PUBLIC INFORMATION CAMPAIGN.—In addition 

25 to the elements described in subsection (a), a State operVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00453 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
454 

HR 1 PCS

1 ating a voucher pilot program under this part shall carry 

2 out a public information campaign to disseminate aware3 ness of the program among qualified individuals. 

4 SEC. 5103. REPORTS. 

5 (a) PRELIMINARY REPORT.—Not later than 6 

6 months after the first election cycle of the program oper7 ation period, a State which operates a voucher pilot pro8 gram under this part shall submit a report to the Commis9 sion analyzing the operation and effectiveness of the pro10 gram during the cycle and including such other informa11 tion as the Commission may require. 

12 (b) FINAL REPORT.—Not later than 6 months after 

13 the end of the program operation period, the State shall 

14 submit a final report to the Commission analyzing the op15 eration and effectiveness of the program and including 

16 such other information as the Commission may require. 

17 (c) REPORT BY COMMISSION.—Not later than the 

18 end of the first election cycle which begins after the pro19 gram operation period, the Commission shall submit a re20 port to Congress which summarizes and analyzes the re21 sults of the voucher pilot program, and shall include in 

22 the report such recommendations as the Commission con23 siders appropriate regarding the expansion of the pilot 

24 program to all States and territories, along with such 


kjohnson on DSK79L0C42 with BILLS
455 

HR 1 PCS

1 other recommendations and other information as the Com2 mission considers appropriate. 

3 SEC. 5104. DEFINITIONS. 

4 (a) ELECTION CYCLE.—In this part, the term ‘‘elec5 tion cycle’’ means the period beginning on the day after 

6 the date of the most recent regularly scheduled general 

7 election for Federal office and ending on the date of the 

8 next regularly scheduled general election for Federal of9 fice. 

10 (b) DEFINITIONS RELATING TO PERIODS.—In this 

11 part, the following definitions apply: 

12 (1) PROGRAM APPLICATION PERIOD.—The term 

13 ‘‘program application period’’ means the first elec14 tion cycle which begins after the date of the enact15 ment of this Act. 

16 (2) PROGRAM PREPARATION PERIOD.—The 

17 term ‘‘program preparation period’’ means the first 

18 election cycle which begins after the program appli19 cation period. 

20 (3) PROGRAM OPERATION PERIOD.—The term 

21 ‘‘program operation period’’ means the first 2 elec22 tion cycles which begin after the program prepara23 tion period. 


kjohnson on DSK79L0C42 with BILLS
456 

HR 1 PCS

1 PART 2—SMALL DOLLAR FINANCING OF 

2 CONGRESSIONAL ELECTION CAMPAIGNS 

3 SEC. 5111. BENEFITS AND ELIGIBILITY REQUIREMENTS 

4 FOR CANDIDATES. 

5 The Federal Election Campaign Act of 1971 (52 

6 U.S.C. 30101 et seq.) is amended by adding at the end 

7 the following: 

8 ‘‘TITLE V—SMALL DOLLAR FI9 NANCING OF CONGRES10 SIONAL ELECTION CAM11 PAIGNS 

12 ‘‘Subtitle A—Benefits 

13 ‘‘SEC. 501. BENEFITS FOR PARTICIPATING CANDIDATES. 

14 ‘‘(a) IN GENERAL.—If a candidate for election to the 

15 office of Representative in, or Delegate or Resident Com16 missioner to, the Congress is certified as a participating 

17 candidate under this title with respect to an election for 

18 such office, the candidate shall be entitled to payments 

19 as provided under this title. 

20 ‘‘(b) AMOUNT OF PAYMENT.—The amount of a pay21 ment made under this title shall be equal to 600 percent 

22 of the amount of qualified small dollar contributions re23 ceived by the candidate since the most recent payment 

24 made to the candidate under this title during the election 

25 cycle, without regard to whether or not the candidate re26 ceived any of the contributions before, during, or after the 


kjohnson on DSK79L0C42 with BILLS
457 

HR 1 PCS

1 Small Dollar Democracy qualifying period applicable to 

2 the candidate under section 511(c). 

3 ‘‘(c) LIMIT ON AGGREGATE AMOUNT OF PAY4 MENTS.—The aggregate amount of payments made to a 

5 participating candidate with respect to an election cycle 

6 under this title may not exceed 50 percent of the average 

7 of the 20 greatest amounts of disbursements made by the 

8 authorized committees of any winning candidate for the 

9 office of Representative in, or Delegate or Resident Com10 missioner to, the Congress during the most recent election 

11 cycle, rounded to the nearest $100,000. 

12 ‘‘SEC. 502. PROCEDURES FOR MAKING PAYMENTS. 

13 ‘‘(a) IN GENERAL.—The Commission shall make a 

14 payment under section 501 to a candidate who is certified 

15 as a participating candidate upon receipt from the can16 didate of a request for a payment which includes— 

17 ‘‘(1) a statement of the number and amount of 

18 qualified small dollar contributions received by the 

19 candidate since the most recent payment made to 

20 the candidate under this title during the election 

21 cycle; 

22 ‘‘(2) a statement of the amount of the payment 

23 the candidate anticipates receiving with respect to 

24 the request; 


kjohnson on DSK79L0C42 with BILLS
458 

HR 1 PCS

1 ‘‘(3) a statement of the total amount of pay2 ments the candidate has received under this title as 

3 of the date of the statement; and 

4 ‘‘(4) such other information and assurances as 

5 the Commission may require. 

6 ‘‘(b) RESTRICTIONS ON SUBMISSION OF RE7 QUESTS.—A candidate may not submit a request under 

8 subsection (a) unless each of the following applies: 

9 ‘‘(1) The amount of the qualified small dollar 

10 contributions in the statement referred to in sub11 section (a)(1) is equal to or greater than $5,000, un12 less the request is submitted during the 30-day pe13 riod which ends on the date of a general election. 

14 ‘‘(2) The candidate did not receive a payment 

15 under this title during the 7-day period which ends 

16 on the date the candidate submits the request. 

17 ‘‘(c) TIME OF PAYMENT.—The Commission shall, in 

18 coordination with the Secretary of the Treasury, take such 

19 steps as may be necessary to ensure that the Secretary 

20 is able to make payments under this section from the 

21 Treasury not later than 2 business days after the receipt 

22 of a request submitted under subsection (a). 

23 ‘‘SEC. 503. USE OF FUNDS. 

24 ‘‘(a) USE OF FUNDS FOR AUTHORIZED CAMPAIGN

25 EXPENDITURES.—A candidate shall use payments made 


kjohnson on DSK79L0C42 with BILLS
459 

HR 1 PCS

1 under this title, including payments provided with respect 

2 to a previous election cycle which are withheld from remit3 tance to the Commission in accordance with section 

4 524(a)(2), only for making direct payments for the receipt 

5 of goods and services which constitute authorized expendi6 tures (as determined in accordance with title III) in con7 nection with the election cycle involved. 

8 ‘‘(b) PROHIBITING USE OF FUNDS FOR LEGAL EX9 PENSES, FINES, OR PENALTIES.—Notwithstanding title 

10 III, a candidate may not use payments made under this 

11 title for the payment of expenses incurred in connection 

12 with any action, claim, or other matter before the Commis13 sion or before any court, hearing officer, arbitrator, or 

14 other dispute resolution entity, or for the payment of any 

15 fine or civil monetary penalty. 

16 ‘‘SEC. 504. QUALIFIED SMALL DOLLAR CONTRIBUTIONS DE17 SCRIBED. 

18 ‘‘(a) IN GENERAL.—In this title, the term ‘qualified 

19 small dollar contribution’ means, with respect to a can20 didate and the authorized committees of a candidate, a 

21 contribution that meets the following requirements: 

22 ‘‘(1) The contribution is in an amount that is— 

23 ‘‘(A) not less than $1; and 

24 ‘‘(B) not more than $200. 


kjohnson on DSK79L0C42 with BILLS
460 

HR 1 PCS

1 ‘‘(2)(A) The contribution is made directly by an 

2 individual to the candidate or an authorized com3 mittee of the candidate and is not— 

4 ‘‘(i) forwarded from the individual making 

5 the contribution to the candidate or committee 

6 by another person; or 

7 ‘‘(ii) received by the candidate or com8 mittee with the knowledge that the contribution 

9 was made at the request, suggestion, or rec10 ommendation of another person. 

11 ‘‘(B) In this paragraph— 

12 ‘‘(i) the term ‘person’ does not include an 

13 individual (other than an individual described in 

14 section 304(i)(7) of the Federal Election Cam15 paign Act of 1971), a political committee of a 

16 political party, or any political committee which 

17 is not a separate segregated fund described in 

18 section 316(b) of the Federal Election Cam19 paign Act of 1971 and which does not make 

20 contributions or independent expenditures, does 

21 not engage in lobbying activity under the Lob22 bying Disclosure Act of 1995 (2 U.S.C. 1601 et 

23 seq.), and is not established by, controlled by, 

24 or affiliated with a registered lobbyist under 

25 such Act, an agent of a registered lobbyist 


kjohnson on DSK79L0C42 with BILLS
461 

HR 1 PCS

1 under such Act, or an organization which re2 tains or employs a registered lobbyist under 

3 such Act; and 

4 ‘‘(ii) a contribution is not ‘made at the re5 quest, suggestion, or recommendation of an6 other person’ solely on the grounds that the 

7 contribution is made in response to information 

8 provided to the individual making the contribu9 tion by any person, so long as the candidate or 

10 authorized committee does not know the iden11 tity of the person who provided the information 

12 to such individual. 

13 ‘‘(3) The individual who makes the contribution 

14 does not make contributions to the candidate or the 

15 authorized committees of the candidate with respect 

16 to the election involved in an aggregate amount that 

17 exceeds the amount described in paragraph (1)(B), 

18 or any contribution to the candidate or the author19 ized committees of the candidate with respect to the 

20 election involved that otherwise is not a qualified 

21 small dollar contribution. 

22 ‘‘(b) TREATMENT OF MY VOICE VOUCHERS.—Any 

23 payment received by a candidate and the authorized com24 mittees of a candidate which consists of a My Voice 

25 Voucher under the Government By the People Act of 2019 


kjohnson on DSK79L0C42 with BILLS
462 

HR 1 PCS

1 shall be considered a qualified small dollar contribution 

2 for purposes of this title, so long as the individual making 

3 the payment meets the requirements of paragraphs (2) 

4 and (3) of subsection (a). 

5 ‘‘(c) RESTRICTION ON SUBSEQUENT CONTRIBU6 TIONS.— 

7 ‘‘(1) PROHIBITING DONOR FROM MAKING SUB8 SEQUENT NONQUALIFIED CONTRIBUTIONS DURING

9 ELECTION CYCLE.— 

10 ‘‘(A) IN GENERAL.—An individual who 

11 makes a qualified small dollar contribution to a 

12 candidate or the authorized committees of a 

13 candidate with respect to an election may not 

14 make any subsequent contribution to such can15 didate or the authorized committees of such 

16 candidate with respect to the election cycle 

17 which is not a qualified small dollar contribu18 tion. 

19 ‘‘(B) EXCEPTION FOR CONTRIBUTIONS TO

20 CANDIDATES WHO VOLUNTARILY WITHDRAW

21 FROM PARTICIPATION DURING QUALIFYING PE22 RIOD.—Subparagraph (A) does not apply with 

23 respect to a contribution made to a candidate 

24 who, during the Small Dollar Democracy quali25 fying period described in section 511(c), subVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00462 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
463 

HR 1 PCS

1 mits a statement to the Commission under sec2 tion 513(c) to voluntarily withdraw from par3 ticipating in the program under this title. 

4 ‘‘(2) TREATMENT OF SUBSEQUENT NON5 QUALIFIED CONTRIBUTIONS.—If, notwithstanding 

6 the prohibition described in paragraph (1), an indi7 vidual who makes a qualified small dollar contribu8 tion to a candidate or the authorized committees of 

9 a candidate with respect to an election makes a sub10 sequent contribution to such candidate or the au11 thorized committees of such candidate with respect 

12 to the election which is prohibited under paragraph 

13 (1) because it is not a qualified small dollar con14 tribution, the candidate may take one of the fol15 lowing actions: 

16 ‘‘(A) Not later than 2 weeks after receiving 

17 the contribution, the candidate may return the 

18 subsequent contribution to the individual. In 

19 the case of a subsequent contribution which is 

20 not a qualified small dollar contribution because 

21 the contribution fails to meet the requirements 

22 of paragraph (3) of subsection (a) (relating to 

23 the aggregate amount of contributions made to 

24 the candidate or the authorized committees of 

25 the candidate by the individual making the conVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00463 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
464 

HR 1 PCS

1 tribution), the candidate may return an amount 

2 equal to the difference between the amount of 

3 the subsequent contribution and the amount de4 scribed in paragraph (1)(B) of subsection (a). 

5 ‘‘(B) The candidate may retain the subse6 quent contribution, so long as not later than 2 

7 weeks after receiving the subsequent contribu8 tion, the candidate remits to the Commission 

9 for deposit in the Freedom From Influence 

10 Fund under section 541 an amount equal to 

11 any payments received by the candidate under 

12 this title which are attributable to the qualified 

13 small dollar contribution made by the individual 

14 involved. 

15 ‘‘(3) NO EFFECT ON ABILITY TO MAKE MUL16 TIPLE CONTRIBUTIONS.—Nothing in this section 

17 may be construed to prohibit an individual from 

18 making multiple qualified small dollar contributions 

19 to any candidate or any number of candidates, so 

20 long as each contribution meets each of the require21 ments of paragraphs (1), (2), and (3) of subsection 

22 (a). 

23 ‘‘(d) NOTIFICATION REQUIREMENTS FOR CAN24 DIDATES.— 


kjohnson on DSK79L0C42 with BILLS
465 

HR 1 PCS

1 ‘‘(1) NOTIFICATION.—Each authorized com2 mittee of a candidate who seeks to be a participating 

3 candidate under this title shall provide the following 

4 information in any materials for the solicitation of 

5 contributions, including any internet site through 

6 which individuals may make contributions to the 

7 committee: 

8 ‘‘(A) A statement that if the candidate is 

9 certified as a participating candidate under this 

10 title, the candidate will receive matching pay11 ments in an amount which is based on the total 

12 amount of qualified small dollar contributions 

13 received. 

14 ‘‘(B) A statement that a contribution 

15 which meets the requirements set forth in sub16 section (a) shall be treated as a qualified small 

17 dollar contribution under this title. 

18 ‘‘(C) A statement that if a contribution is 

19 treated as qualified small dollar contribution 

20 under this title, the individual who makes the 

21 contribution may not make any contribution to 

22 the candidate or the authorized committees of 

23 the candidate during the election cycle which is 

24 not a qualified small dollar contribution. 


kjohnson on DSK79L0C42 with BILLS
466 

HR 1 PCS

1 ‘‘(2) ALTERNATIVE METHODS OF MEETING RE2 QUIREMENTS.—An authorized committee may meet 

3 the requirements of paragraph (1)— 

4 ‘‘(A) by including the information de5 scribed in paragraph (1) in the receipt provided 

6 under section 512(b)(3) to a person making a 

7 qualified small dollar contribution; or 

8 ‘‘(B) by modifying the information it pro9 vides to persons making contributions which is 

10 otherwise required under title III (including in11 formation it provides through the internet). 

12 ‘‘Subtitle B—Eligibility and 

13 Certification 

14 ‘‘SEC. 511. ELIGIBILITY. 

15 ‘‘(a) IN GENERAL.—A candidate for the office of 

16 Representative in, or Delegate or Resident Commissioner 

17 to, the Congress is eligible to be certified as a participating 

18 candidate under this title with respect to an election if 

19 the candidate meets the following requirements: 

20 ‘‘(1) The candidate files with the Commission a 

21 statement of intent to seek certification as a partici22 pating candidate. 

23 ‘‘(2) The candidate meets the qualifying re24 quirements of section 512. 


kjohnson on DSK79L0C42 with BILLS
467 

HR 1 PCS

1 ‘‘(3) The candidate files with the Commission a 

2 statement certifying that the authorized committees 

3 of the candidate meet the requirements of section 

4 504(d). 

5 ‘‘(4) Not later than the last day of the Small 

6 Dollar Democracy qualifying period, the candidate 

7 files with the Commission an affidavit signed by the 

8 candidate and the treasurer of the candidate’s prin9 cipal campaign committee declaring that the can10 didate— 

11 ‘‘(A) has complied and, if certified, will 

12 comply with the contribution and expenditure 

13 requirements of section 521; 

14 ‘‘(B) if certified, will run only as a partici15 pating candidate for all elections for the office 

16 that such candidate is seeking during that elec17 tion cycle; and 

18 ‘‘(C) has either qualified or will take steps 

19 to qualify under State law to be on the ballot. 

20 ‘‘(b) GENERAL ELECTION.—Notwithstanding sub21 section (a), a candidate shall not be eligible to be certified 

22 as a participating candidate under this title for a general 

23 election or a general runoff election unless the candidate’s 

24 party nominated the candidate to be placed on the ballot 


kjohnson on DSK79L0C42 with BILLS
468 

HR 1 PCS

1 for the general election or the candidate is otherwise quali2 fied to be on the ballot under State law. 

3 ‘‘(c) SMALL DOLLAR DEMOCRACY QUALIFYING PE4 RIOD DEFINED.—The term ‘Small Dollar Democracy 

5 qualifying period’ means, with respect to any candidate 

6 for an office, the 180-day period (during the election cycle 

7 for such office) which begins on the date on which the 

8 candidate files a statement of intent under section 

9 511(a)(1), except that such period may not continue after 

10 the date that is 30 days before the date of the general 

11 election for the office. 

12 ‘‘SEC. 512. QUALIFYING REQUIREMENTS. 

13 ‘‘(a) RECEIPT OF QUALIFIED SMALL DOLLAR CON14 TRIBUTIONS.—A candidate for the office of Representative 

15 in, or Delegate or Resident Commissioner to, the Congress 

16 meets the requirement of this section if, during the Small 

17 Dollar Democracy qualifying period described in section 

18 511(c), each of the following occurs: 

19 ‘‘(1) Not fewer than 1,000 individuals make a 

20 qualified small dollar contribution to the candidate. 

21 ‘‘(2) The candidate obtains a total dollar 

22 amount of qualified small dollar contributions which 

23 is equal to or greater than $50,000. 


kjohnson on DSK79L0C42 with BILLS
469 

HR 1 PCS

1 ‘‘(b) REQUIREMENTS RELATING TO RECEIPT OF

2 QUALIFIED SMALL DOLLAR CONTRIBUTION.—Each 

3 qualified small dollar contribution— 

4 ‘‘(1) may be made by means of a personal 

5 check, money order, debit card, credit card, elec6 tronic payment account, or any other method 

7 deemed appropriate by the Commission; 

8 ‘‘(2) shall be accompanied by a signed state9 ment (or, in the case of a contribution made online 

10 or through other electronic means, an electronic 

11 equivalent) containing the contributor’s name and 

12 address; and 

13 ‘‘(3) shall be acknowledged by a receipt that is 

14 sent to the contributor with a copy (in paper or elec15 tronic form) kept by the candidate for the Commis16 sion. 

17 ‘‘(c) VERIFICATION OF CONTRIBUTIONS.—The Com18 mission shall establish procedures for the auditing and 

19 verification of the contributions received and expenditures 

20 made by participating candidates under this title, includ21 ing procedures for random audits, to ensure that such con22 tributions and expenditures meet the requirements of this 

23 title. 

24 ‘‘SEC. 513. CERTIFICATION. 

25 ‘‘(a) DEADLINE AND NOTIFICATION.— 


kjohnson on DSK79L0C42 with BILLS
470 

HR 1 PCS

1 ‘‘(1) IN GENERAL.—Not later than 5 business 

2 days after a candidate files an affidavit under sec3 tion 511(a)(4), the Commission shall— 

4 ‘‘(A) determine whether or not the can5 didate meets the requirements for certification 

6 as a participating candidate; 

7 ‘‘(B) if the Commission determines that 

8 the candidate meets such requirements, certify 

9 the candidate as a participating candidate; and 

10 ‘‘(C) notify the candidate of the Commis11 sion’s determination. 

12 ‘‘(2) DEEMED CERTIFICATION FOR ALL ELEC13 TIONS IN ELECTION CYCLE.—If the Commission cer14 tifies a candidate as a participating candidate with 

15 respect to the first election of the election cycle in16 volved, the Commission shall be deemed to have cer17 tified the candidate as a participating candidate with 

18 respect to all subsequent elections of the election 

19 cycle. 

20 ‘‘(b) REVOCATION OF CERTIFICATION.— 

21 ‘‘(1) IN GENERAL.—The Commission shall re22 voke a certification under subsection (a) if— 

23 ‘‘(A) a candidate fails to qualify to appear 

24 on the ballot at any time after the date of cer25 tification (other than a candidate certified as a 


kjohnson on DSK79L0C42 with BILLS
471 

HR 1 PCS

1 participating candidate with respect to a pri2 mary election who fails to qualify to appear on 

3 the ballot for a subsequent election in that elec4 tion cycle); 

5 ‘‘(B) a candidate ceases to be a candidate 

6 for the office involved, as determined on the 

7 basis of an official announcement by an author8 ized committee of the candidate or on the basis 

9 of a reasonable determination by the Commis10 sion; or 

11 ‘‘(C) a candidate otherwise fails to comply 

12 with the requirements of this title, including 

13 any regulatory requirements prescribed by the 

14 Commission. 

15 ‘‘(2) EXISTENCE OF CRIMINAL SANCTION.—The 

16 Commission shall revoke a certification under sub17 section (a) if a penalty is assessed against the can18 didate under section 309(d) with respect to the elec19 tion. 

20 ‘‘(3) EFFECT OF REVOCATION.—If a can21 didate’s certification is revoked under this sub22 section— 

23 ‘‘(A) the candidate may not receive pay24 ments under this title during the remainder of 

25 the election cycle involved; and 


kjohnson on DSK79L0C42 with BILLS
472 

HR 1 PCS

1 ‘‘(B) in the case of a candidate whose cer2 tification is revoked pursuant to subparagraph 

3 (A) or subparagraph (C) of paragraph (1)— 

4 ‘‘(i) the candidate shall repay to the 

5 Freedom From Influence Fund established 

6 under section 541 an amount equal to the 

7 payments received under this title with re8 spect to the election cycle involved plus in9 terest (at a rate determined by the Com10 mission on the basis of an appropriate an11 nual percentage rate for the month in12 volved) on any such amount received; and 

13 ‘‘(ii) the candidate may not be cer14 tified as a participating candidate under 

15 this title with respect to the next election 

16 cycle. 

17 ‘‘(4) PROHIBITING PARTICIPATION IN FUTURE

18 ELECTIONS FOR CANDIDATES WITH MULTIPLE REV19 OCATIONS.—If the Commission revokes the certifi20 cation of an individual as a participating candidate 

21 under this title pursuant to subparagraph (A) or 

22 subparagraph (C) of paragraph (1) a total of 3 

23 times, the individual may not be certified as a par24 ticipating candidate under this title with respect to 

25 any subsequent election. 


kjohnson on DSK79L0C42 with BILLS
473 

HR 1 PCS

1 ‘‘(c) VOLUNTARY WITHDRAWAL FROM PARTICI2 PATING DURING QUALIFYING PERIOD.—At any time dur3 ing the Small Dollar Democracy qualifying period de4 scribed in section 511(c), a candidate may withdraw from 

5 participation in the program under this title by submitting 

6 to the Commission a statement of withdrawal (without re7 gard to whether or not the Commission has certified the 

8 candidate as a participating candidate under this title as 

9 of the time the candidate submits such statement), so long 

10 as the candidate has not submitted a request for payment 

11 under section 502. 

12 ‘‘(d) PARTICIPATING CANDIDATE DEFINED.—In this 

13 title, a ‘participating candidate’ means a candidate for the 

14 office of Representative in, or Delegate or Resident Com15 missioner to, the Congress who is certified under this sec16 tion as eligible to receive benefits under this title. 

17 ‘‘Subtitle C—Requirements for Can18 didates Certified as Partici19 pating Candidates 

20 ‘‘SEC. 521. CONTRIBUTION AND EXPENDITURE REQUIRE21 MENTS. 

22 ‘‘(a) PERMITTED SOURCES OF CONTRIBUTIONS AND

23 EXPENDITURES.—Except as provided in subsection (c), a 

24 participating candidate with respect to an election shall, 

25 with respect to all elections occurring during the election 


kjohnson on DSK79L0C42 with BILLS
474 

HR 1 PCS

1 cycle for the office involved, accept no contributions from 

2 any source and make no expenditures from any amounts, 

3 other than the following: 

4 ‘‘(1) Qualified small dollar contributions. 

5 ‘‘(2) Payments under this title. 

6 ‘‘(3) Contributions from political committees es7 tablished and maintained by a national or State po8 litical party, subject to the applicable limitations of 

9 section 315. 

10 ‘‘(4) Subject to subsection (b), personal funds 

11 of the candidate or of any immediate family member 

12 of the candidate (other than funds received through 

13 qualified small dollar contributions). 

14 ‘‘(5) Contributions from individuals who are 

15 otherwise permitted to make contributions under 

16 this Act, subject to the applicable limitations of sec17 tion 315, except that the aggregate amount of con18 tributions a participating candidate may accept from 

19 any individual with respect to any election during 

20 the election cycle may not exceed $1,000. 

21 ‘‘(6) Contributions from multicandidate political 

22 committees, subject to the applicable limitations of 

23 section 315. 

24 ‘‘(b) SPECIAL RULES FOR PERSONAL FUNDS.— 


kjohnson on DSK79L0C42 with BILLS
475 

HR 1 PCS

1 ‘‘(1) LIMIT ON AMOUNT.—A candidate who is 

2 certified as a participating candidate may use per3 sonal funds (including personal funds of any imme4 diate family member of the candidate) so long as— 

5 ‘‘(A) the aggregate amount used with re6 spect to the election cycle (including any period 

7 of the cycle occurring prior to the candidate’s 

8 certification as a participating candidate) does 

9 not exceed $50,000; and 

10 ‘‘(B) the funds are used only for making 

11 direct payments for the receipt of goods and 

12 services which constitute authorized expendi13 tures in connection with the election cycle in14 volved. 

15 ‘‘(2) IMMEDIATE FAMILY MEMBER DEFINED.— 

16 In this subsection, the term ‘immediate family mem17 ber’ means, with respect to a candidate— 

18 ‘‘(A) the candidate’s spouse; 

19 ‘‘(B) a child, stepchild, parent, grand20 parent, brother, half-brother, sister, or half-sis21 ter of the candidate or the candidate’s spouse; 

22 and 

23 ‘‘(C) the spouse of any person described in 

24 subparagraph (B). 

25 ‘‘(c) EXCEPTIONS.— 


kjohnson on DSK79L0C42 with BILLS
476 

HR 1 PCS

1 ‘‘(1) EXCEPTION FOR CONTRIBUTIONS RE2 CEIVED PRIOR TO FILING OF STATEMENT OF IN3 TENT.—A candidate who has accepted contributions 

4 that are not described in subsection (a) is not in vio5 lation of subsection (a), but only if all such contribu6 tions are— 

7 ‘‘(A) returned to the contributor; 

8 ‘‘(B) submitted to the Commission for de9 posit in the Freedom From Influence Fund es10 tablished under section 541; or 

11 ‘‘(C) spent in accordance with paragraph 

12 (2). 

13 ‘‘(2) EXCEPTION FOR EXPENDITURES MADE

14 PRIOR TO FILING OF STATEMENT OF INTENT.—If a 

15 candidate has made expenditures prior to the date 

16 the candidate files a statement of intent under sec17 tion 511(a)(1) that the candidate is prohibited from 

18 making under subsection (a) or subsection (b), the 

19 candidate is not in violation of such subsection if the 

20 aggregate amount of the prohibited expenditures is 

21 less than the amount referred to in section 

22 512(a)(2) (relating to the total dollar amount of 

23 qualified small dollar contributions which the can24 didate is required to obtain) which is applicable to 

25 the candidate. 


kjohnson on DSK79L0C42 with BILLS
477 

HR 1 PCS

1 ‘‘(3) EXCEPTION FOR CAMPAIGN SURPLUSES

2 FROM A PREVIOUS ELECTION.—Notwithstanding 

3 paragraph (1), unexpended contributions received by 

4 the candidate or an authorized committee of the 

5 candidate with respect to a previous election may be 

6 retained, but only if the candidate places the funds 

7 in escrow and refrains from raising additional funds 

8 for or spending funds from that account during the 

9 election cycle in which a candidate is a participating 

10 candidate. 

11 ‘‘(4) EXCEPTION FOR CONTRIBUTIONS RE12 CEIVED BEFORE THE EFFECTIVE DATE OF THIS

13 TITLE.—Contributions received and expenditures 

14 made by the candidate or an authorized committee 

15 of the candidate prior to the effective date of this 

16 title shall not constitute a violation of subsection (a) 

17 or (b). Unexpended contributions shall be treated 

18 the same as campaign surpluses under paragraph 

19 (3), and expenditures made shall count against the 

20 limit in paragraph (2). 

21 ‘‘(d) SPECIAL RULE FOR COORDINATED PARTY EX22 PENDITURES.—For purposes of this section, a payment 

23 made by a political party in coordination with a partici24 pating candidate shall not be treated as a contribution to 

25 or as an expenditure made by the participating candidate. 


kjohnson on DSK79L0C42 with BILLS
478 

HR 1 PCS

1 ‘‘(e) PROHIBITION ON JOINT FUNDRAISING COMMIT2 TEES.— 

3 ‘‘(1) PROHIBITION.—An authorized committee 

4 of a candidate who is certified as a participating 

5 candidate under this title with respect to an election 

6 may not establish a joint fundraising committee with 

7 a political committee other than another authorized 

8 committee of the candidate. 

9 ‘‘(2) STATUS OF EXISTING COMMITTEES FOR

10 PRIOR ELECTIONS.—If a candidate established a 

11 joint fundraising committee described in paragraph 

12 (1) with respect to a prior election for which the 

13 candidate was not certified as a participating can14 didate under this title and the candidate does not 

15 terminate the committee, the candidate shall not be 

16 considered to be in violation of paragraph (1) so 

17 long as that joint fundraising committee does not re18 ceive any contributions or make any disbursements 

19 during the election cycle for which the candidate is 

20 certified as a participating candidate under this title. 

21 ‘‘(f) PROHIBITION ON LEADERSHIP PACS.— 

22 ‘‘(1) PROHIBITION.—A candidate who is cer23 tified as a participating candidate under this title 

24 with respect to an election may not associate with, 


kjohnson on DSK79L0C42 with BILLS
479 

HR 1 PCS

1 establish, finance, maintain, or control a leadership 

2 PAC. 

3 ‘‘(2) STATUS OF EXISTING LEADERSHIP

4 PACS.—If a candidate established, financed, main5 tained, or controlled a leadership PAC prior to being 

6 certified as a participating candidate under this title 

7 and the candidate does not terminate the leadership 

8 PAC, the candidate shall not be considered to be in 

9 violation of paragraph (1) so long as the leadership 

10 PAC does not receive any contributions or make any 

11 disbursements during the election cycle for which the 

12 candidate is certified as a participating candidate 

13 under this title. 

14 ‘‘(3) LEADERSHIP PAC DEFINED.—In this sub15 section, the term ‘leadership PAC’ has the meaning 

16 given such term in section 304(i)(8)(B). 

17 ‘‘SEC. 522. ADMINISTRATION OF CAMPAIGN. 

18 ‘‘(a) SEPARATE ACCOUNTING FOR VARIOUS PER19 MITTED CONTRIBUTIONS.—Each authorized committee of 

20 a candidate certified as a participating candidate under 

21 this title— 

22 ‘‘(1) shall provide for separate accounting of 

23 each type of contribution described in section 521(a) 

24 which is received by the committee; and 


kjohnson on DSK79L0C42 with BILLS
480 

HR 1 PCS

1 ‘‘(2) shall provide for separate accounting for 

2 the payments received under this title. 

3 ‘‘(b) ENHANCED DISCLOSURE OF INFORMATION ON

4 DONORS.— 

5 ‘‘(1) MANDATORY IDENTIFICATION OF INDIVID6 UALS MAKING QUALIFIED SMALL DOLLAR CON7 TRIBUTIONS.—Each authorized committee of a par8 ticipating candidate under this title shall elect, in ac9 cordance with section 304(b)(3)(A), to include in the 

10 reports the committee submits under section 304 the 

11 identification of each person who makes a qualified 

12 small dollar contribution to the committee. 

13 ‘‘(2) MANDATORY DISCLOSURE THROUGH

14 INTERNET.—Each authorized committee of a partici15 pating candidate under this title shall ensure that all 

16 information reported to the Commission under this 

17 Act with respect to contributions and expenditures 

18 of the committee is available to the public on the 

19 internet (whether through a site established for pur20 poses of this subsection, a hyperlink on another pub21 lic site of the committee, or a hyperlink on a report 

22 filed electronically with the Commission) in a search23 able, sortable, and downloadable manner. 


kjohnson on DSK79L0C42 with BILLS
481 

HR 1 PCS

1 ‘‘SEC. 523. PREVENTING UNNECESSARY SPENDING OF PUB2 LIC FUNDS. 

3 ‘‘(a) MANDATORY SPENDING OF AVAILABLE PRI4 VATE FUNDS.—An authorized committee of a candidate 

5 certified as a participating candidate under this title may 

6 not make any expenditure of any payments received under 

7 this title in any amount unless the committee has made 

8 an expenditure in an equivalent amount of funds received 

9 by the committee which are described in paragraphs (1), 

10 (3), (4), (5), and (6) of section 521(a). 

11 ‘‘(b) LIMITATION.—Subsection (a) applies to an au12 thorized committee only to the extent that the funds re13 ferred to in such subsection are available to the committee 

14 at the time the committee makes an expenditure of a pay15 ment received under this title. 

16 ‘‘SEC. 524. REMITTING UNSPENT FUNDS AFTER ELECTION. 

17 ‘‘(a) REMITTANCE REQUIRED.—Not later than the 

18 date that is 180 days after the last election for which a 

19 candidate certified as a participating candidate qualifies 

20 to be on the ballot during the election cycle involved, such 

21 participating candidate shall remit to the Commission for 

22 deposit in the Freedom From Influence Fund established 

23 under section 541 an amount equal to the balance of the 

24 payments received under this title by the authorized com25 mittees of the candidate which remain unexpended as of 

26 such date. 


kjohnson on DSK79L0C42 with BILLS
482 

HR 1 PCS

1 ‘‘(b) PERMITTING CANDIDATES PARTICIPATING IN

2 NEXT ELECTION CYCLE TO RETAIN PORTION OF

3 UNSPENT FUNDS.—Notwithstanding subsection (a), a 

4 participating candidate may withhold not more than 

5 $100,000 from the amount required to be remitted under 

6 subsection (a) if the candidate files a signed affidavit with 

7 the Commission that the candidate will seek certification 

8 as a participating candidate with respect to the next elec9 tion cycle, except that the candidate may not use any por10 tion of the amount withheld until the candidate is certified 

11 as a participating candidate with respect to that next elec12 tion cycle. If the candidate fails to seek certification as 

13 a participating candidate prior to the last day of the Small 

14 Dollar Democracy qualifying period for the next election 

15 cycle (as described in section 511), or if the Commission 

16 notifies the candidate of the Commission’s determination 

17 does not meet the requirements for certification as a par18 ticipating candidate with respect to such cycle, the can19 didate shall immediately remit to the Commission the 

20 amount withheld. 

21 ‘‘Subtitle D—Enhanced Match 

22 Support 

23 ‘‘SEC. 531. ENHANCED SUPPORT FOR GENERAL ELECTION. 

24 ‘‘(a) AVAILABILITY OF ENHANCED SUPPORT.—In 

25 addition to the payments made under subtitle A, the ComVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00482 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
483 

HR 1 PCS

1 mission shall make an additional payment to an eligible 

2 candidate under this subtitle. 

3 ‘‘(b) USE OF FUNDS.—A candidate shall use the ad4 ditional payment under this subtitle only for authorized 

5 expenditures in connection with the election involved. 

6 ‘‘SEC. 532. ELIGIBILITY. 

7 ‘‘(a) IN GENERAL.—A candidate is eligible to receive 

8 an additional payment under this subtitle if the candidate 

9 meets each of the following requirements: 

10 ‘‘(1) The candidate is on the ballot for the gen11 eral election for the office the candidate seeks. 

12 ‘‘(2) The candidate is certified as a partici13 pating candidate under this title with respect to the 

14 election. 

15 ‘‘(3) During the enhanced support qualifying 

16 period, the candidate receives qualified small dollar 

17 contributions in a total amount of not less than 

18 $50,000. 

19 ‘‘(4) During the enhanced support qualifying 

20 period, the candidate submits to the Commission a 

21 request for the payment which includes— 

22 ‘‘(A) a statement of the number and 

23 amount of qualified small dollar contributions 

24 received by the candidate during the enhanced 

25 support qualifying period; 


kjohnson on DSK79L0C42 with BILLS
484 

HR 1 PCS

1 ‘‘(B) a statement of the amount of the 

2 payment the candidate anticipates receiving 

3 with respect to the request; and 

4 ‘‘(C) such other information and assur5 ances as the Commission may require. 

6 ‘‘(5) After submitting a request for the addi7 tional payment under paragraph (4), the candidate 

8 does not submit any other application for an addi9 tional payment under this subtitle. 

10 ‘‘(b) ENHANCED SUPPORT QUALIFYING PERIOD DE11 SCRIBED.—In this subtitle, the term ‘enhanced support 

12 qualifying period’ means, with respect to a general elec13 tion, the period which begins 60 days before the date of 

14 the election and ends 14 days before the date of the elec15 tion. 

16 ‘‘SEC. 533. AMOUNT. 

17 ‘‘(a) IN GENERAL.—Subject to subsection (b), the 

18 amount of the additional payment made to an eligible can19 didate under this subtitle shall be an amount equal to 50 

20 percent of— 

21 ‘‘(1) the amount of the payment made to the 

22 candidate under section 501(b) with respect to the 

23 qualified small dollar contributions which are re24 ceived by the candidate during the enhanced support 


kjohnson on DSK79L0C42 with BILLS
485 

HR 1 PCS

1 qualifying period (as included in the request sub2 mitted by the candidate under section 532(a)(4)); or 

3 ‘‘(2) in the case of a candidate who is not eligi4 ble to receive a payment under section 501(b) with 

5 respect to such qualified small dollar contributions 

6 because the candidate has reached the limit on the 

7 aggregate amount of payments under subtitle A for 

8 the election cycle under section 501(c), the amount 

9 of the payment which would have been made to the 

10 candidate under section 501(b) with respect to such 

11 qualified small dollar contributions if the candidate 

12 had not reached such limit. 

13 ‘‘(b) LIMIT.—The amount of the additional payment 

14 determined under subsection (a) with respect to a can15 didate may not exceed $500,000. 

16 ‘‘(c) NO EFFECT ON AGGREGATE LIMIT.—The 

17 amount of the additional payment made to a candidate 

18 under this subtitle shall not be included in determining 

19 the aggregate amount of payments made to a participating 

20 candidate with respect to an election cycle under section 

21 501(c). 

22 ‘‘SEC. 534. WAIVER OF AUTHORITY TO RETAIN PORTION OF 

23 UNSPENT FUNDS AFTER ELECTION. 

24 ‘‘Notwithstanding section 524(a)(2), a candidate who 

25 receives an additional payment under this subtitle with reVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00485 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
486 

HR 1 PCS

1 spect to an election is not permitted to withhold any por2 tion from the amount of unspent funds the candidate is 

3 required to remit to the Commission under section 

4 524(a)(1). 

5 ‘‘Subtitle E—Administrative 

6 Provisions 

7 ‘‘SEC. 541. FREEDOM FROM INFLUENCE FUND. 

8 ‘‘(a) ESTABLISHMENT.—There is established in the 

9 Treasury a fund to be known as the ‘Freedom From Influ10 ence Fund’. 

11 ‘‘(b) AMOUNTS HELD BY FUND.—The Fund shall 

12 consist of the following amounts: 

13 ‘‘(1) ASSESSMENTS AGAINST FINES, SETTLE14 MENTS, AND PENALTIES.—Amounts transferred 

15 under section 3015 of title 18, United States Code, 

16 section 9707 of title 31, United States Code, and 

17 section 6761 of the Internal Revenue Code of 1986. 

18 ‘‘(2) DEPOSITS.—Amounts deposited into the 

19 Fund under— 

20 ‘‘(A) section 521(c)(1)(B) (relating to ex21 ceptions to contribution requirements); 

22 ‘‘(B) section 523 (relating to remittance of 

23 unused payments from the Fund); and 

24 ‘‘(C) section 544 (relating to violations). 


kjohnson on DSK79L0C42 with BILLS
487 

HR 1 PCS

1 ‘‘(3) INVESTMENT RETURNS.—Interest on, and 

2 the proceeds from, the sale or redemption of any ob3 ligations held by the Fund under subsection (c). 

4 ‘‘(c) INVESTMENT.—The Commission shall invest 

5 portions of the Fund in obligations of the United States 

6 in the same manner as provided under section 9602(b) 

7 of the Internal Revenue Code of 1986. 

8 ‘‘(d) USE OF FUND TO MAKE PAYMENTS TO PAR9 TICIPATING CANDIDATES.— 

10 ‘‘(1) PAYMENTS TO PARTICIPATING CAN11 DIDATES.—Amounts in the Fund shall be available 

12 without further appropriation or fiscal year limita13 tion to make payments to participating candidates 

14 as provided in this title. 

15 ‘‘(2) MANDATORY REDUCTION OF PAYMENTS IN

16 CASE OF INSUFFICIENT AMOUNTS IN FUND.— 

17 ‘‘(A) ADVANCE AUDITS BY COMMISSION.— 

18 Not later than 90 days before the first day of 

19 each election cycle (beginning with the first 

20 election cycle that begins after the date of the 

21 enactment of this title), the Commission shall— 

22 ‘‘(i) audit the Fund to determine 

23 whether the amounts in the Fund will be 

24 sufficient to make payments to particiVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00487 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
488 

HR 1 PCS

1 pating candidates in the amounts provided 

2 in this title during such election cycle; and 

3 ‘‘(ii) submit a report to Congress de4 scribing the results of the audit. 

5 ‘‘(B) REDUCTIONS IN AMOUNT OF PAY6 MENTS.— 

7 ‘‘(i) AUTOMATIC REDUCTION ON PRO

8 RATA BASIS.—If, on the basis of the audit 

9 described in subparagraph (A), the Com10 mission determines that the amount antici11 pated to be available in the Fund with re12 spect to the election cycle involved is not, 

13 or may not be, sufficient to satisfy the full 

14 entitlements of participating candidates to 

15 payments under this title for such election 

16 cycle, the Commission shall reduce each 

17 amount which would otherwise be paid to 

18 a participating candidate under this title 

19 by such pro rata amount as may be nec20 essary to ensure that the aggregate 

21 amount of payments anticipated to be 

22 made with respect to the election cycle will 

23 not exceed the amount anticipated to be 

24 available for such payments in the Fund 

25 with respect to such election cycle. 


kjohnson on DSK79L0C42 with BILLS
489 

HR 1 PCS

1 ‘‘(ii) RESTORATION OF REDUCTIONS

2 IN CASE OF AVAILABILITY OF SUFFICIENT

3 FUNDS DURING ELECTION CYCLE.—If, 

4 after reducing the amounts paid to partici5 pating candidates with respect to an elec6 tion cycle under clause (i), the Commission 

7 determines that there are sufficient 

8 amounts in the Fund to restore the 

9 amount by which such payments were re10 duced (or any portion thereof), to the ex11 tent that such amounts are available, the 

12 Commission may make a payment on a pro 

13 rata basis to each such participating can14 didate with respect to the election cycle in 

15 the amount by which such candidate’s pay16 ments were reduced under clause (i) (or 

17 any portion thereof, as the case may be). 

18 ‘‘(iii) NO USE OF AMOUNTS FROM

19 OTHER SOURCES.—In any case in which 

20 the Commission determines that there are 

21 insufficient moneys in the Fund to make 

22 payments to participating candidates under 

23 this title, moneys shall not be made avail24 able from any other source for the purpose 

25 of making such payments. 


kjohnson on DSK79L0C42 with BILLS
490 

HR 1 PCS

1 ‘‘(e) USE OF FUND TO MAKE OTHER PAYMENTS.— 

2 In addition to the use described in subsection (d), amounts 

3 in the Fund shall be available without further appropria4 tion or fiscal year limitation— 

5 ‘‘(1) to make payments to States under the My 

6 Voice Voucher Program under the Government By 

7 the People Act of 2019, subject to reductions under 

8 section 5101(f)(3) of such Act; 

9 ‘‘(2) to make payments to candidates under 

10 chapter 95 of subtitle H of the Internal Revenue 

11 Code of 1986, subject to reductions under section 

12 9013(b) of such Code; and 

13 ‘‘(3) to make payments to candidates under 

14 chapter 96 of subtitle H of the Internal Revenue 

15 Code of 1986, subject to reductions under section 

16 9043(b) of such Code. 

17 ‘‘(f) EFFECTIVE DATE.—This section shall take ef18 fect on the date of the enactment of this title. 

19 ‘‘SEC. 542. REVIEWS AND REPORTS BY GOVERNMENT AC20 COUNTABILITY OFFICE. 

21 ‘‘(a) REVIEW OF SMALL DOLLAR FINANCING.— 

22 ‘‘(1) IN GENERAL.—After each regularly sched23 uled general election for Federal office, the Comp24 troller General of the United States shall conduct a 


kjohnson on DSK79L0C42 with BILLS
491 

HR 1 PCS

1 comprehensive review of the Small Dollar financing 

2 program under this title, including— 

3 ‘‘(A) the maximum and minimum dollar 

4 amounts of qualified small dollar contributions 

5 under section 504; 

6 ‘‘(B) the number and value of qualified 

7 small dollar contributions a candidate is re8 quired to obtain under section 512(a) to be eli9 gible for certification as a participating can10 didate; 

11 ‘‘(C) the maximum amount of payments a 

12 candidate may receive under this title; 

13 ‘‘(D) the overall satisfaction of partici14 pating candidates and the American public with 

15 the program; and 

16 ‘‘(E) such other matters relating to financ17 ing of campaigns as the Comptroller General 

18 determines are appropriate. 

19 ‘‘(2) CRITERIA FOR REVIEW.—In conducting 

20 the review under subparagraph (A), the Comptroller 

21 General shall consider the following: 

22 ‘‘(A) QUALIFIED SMALL DOLLAR CON23 TRIBUTIONS.—Whether the number and dollar 

24 amounts of qualified small dollar contributions 

25 required strikes an appropriate balance regardVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00491 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
492 

HR 1 PCS

1 ing the importance of voter involvement, the 

2 need to assure adequate incentives for partici3 pating, and fiscal responsibility, taking into 

4 consideration the number of primary and gen5 eral election participating candidates, the elec6 toral performance of those candidates, program 

7 cost, and any other information the Comptroller 

8 General determines is appropriate. 

9 ‘‘(B) REVIEW OF PAYMENT LEVELS.— 

10 Whether the totality of the amount of funds al11 lowed to be raised by participating candidates 

12 (including through qualified small dollar con13 tributions) and payments under this title are 

14 sufficient for voters in each State to learn about 

15 the candidates to cast an informed vote, taking 

16 into account the historic amount of spending by 

17 winning candidates, media costs, primary elec18 tion dates, and any other information the 

19 Comptroller General determines is appropriate. 

20 ‘‘(3) RECOMMENDATIONS FOR ADJUSTMENT OF

21 AMOUNTS.—Based on the review conducted under 

22 subparagraph (A), the Comptroller General may rec23 ommend to Congress adjustments of the following 

24 amounts: 


kjohnson on DSK79L0C42 with BILLS
493 

HR 1 PCS

1 ‘‘(A) The number and value of qualified 

2 small dollar contributions a candidate is re3 quired to obtain under section 512(a) to be eli4 gible for certification as a participating can5 didate. 

6 ‘‘(B) The maximum amount of payments a 

7 candidate may receive under this title. 

8 ‘‘(b) REPORTS.—Not later than each June 1 which 

9 follows a regularly scheduled general election for Federal 

10 office for which payments were made under this title, the 

11 Comptroller General shall submit to the Committee on 

12 House Administration of the House of Representatives a 

13 report— 

14 ‘‘(1) containing an analysis of the review con15 ducted under subsection (a), including a detailed 

16 statement of Comptroller General’s findings, conclu17 sions, and recommendations based on such review, 

18 including any recommendations for adjustments of 

19 amounts described in subsection (a)(3); and 

20 ‘‘(2) documenting, evaluating, and making rec21 ommendations relating to the administrative imple22 mentation and enforcement of the provisions of this 

23 title. 


kjohnson on DSK79L0C42 with BILLS
494 

HR 1 PCS

1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as are nec3 essary to carry out the purposes of this section. 

4 ‘‘SEC. 543. ADMINISTRATION BY COMMISSION. 

5 ‘‘The Commission shall prescribe regulations to carry 

6 out the purposes of this title, including regulations to es7 tablish procedures for— 

8 ‘‘(1) verifying the amount of qualified small dol9 lar contributions with respect to a candidate; 

10 ‘‘(2) effectively and efficiently monitoring and 

11 enforcing the limits on the raising of qualified small 

12 dollar contributions; 

13 ‘‘(3) effectively and efficiently monitoring and 

14 enforcing the limits on the use of personal funds by 

15 participating candidates; and 

16 ‘‘(4) monitoring the use of allocations from the 

17 Freedom From Influence Fund established under 

18 section 541 and matching contributions under this 

title through audits of not fewer than 1 19 ⁄10 (or, in the 

20 case of the first 3 election cycles during which the 

21 program under this title is in effect, not fewer than 

1 22 ⁄3) of all participating candidates or other mecha23 nisms. 


kjohnson on DSK79L0C42 with BILLS
495 

HR 1 PCS

1 ‘‘SEC. 544. VIOLATIONS AND PENALTIES. 

2 ‘‘(a) CIVIL PENALTY FOR VIOLATION OF CONTRIBU3 TION AND EXPENDITURE REQUIREMENTS.—If a can4 didate who has been certified as a participating candidate 

5 accepts a contribution or makes an expenditure that is 

6 prohibited under section 521, the Commission may assess 

7 a civil penalty against the candidate in an amount that 

8 is not more than 3 times the amount of the contribution 

9 or expenditure. Any amounts collected under this sub10 section shall be deposited into the Freedom From Influ11 ence Fund established under section 541. 

12 ‘‘(b) REPAYMENT FOR IMPROPER USE OF FREEDOM

13 FROM INFLUENCE FUND.— 

14 ‘‘(1) IN GENERAL.—If the Commission deter15 mines that any payment made to a participating 

16 candidate was not used as provided for in this title 

17 or that a participating candidate has violated any of 

18 the dates for remission of funds contained in this 

19 title, the Commission shall so notify the candidate 

20 and the candidate shall pay to the Fund an amount 

21 equal to— 

22 ‘‘(A) the amount of payments so used or 

23 not remitted, as appropriate; and 

24 ‘‘(B) interest on any such amounts (at a 

25 rate determined by the Commission). 


kjohnson on DSK79L0C42 with BILLS
496 

HR 1 PCS

1 ‘‘(2) OTHER ACTION NOT PRECLUDED.—Any 

2 action by the Commission in accordance with this 

3 subsection shall not preclude enforcement pro4 ceedings by the Commission in accordance with sec5 tion 309(a), including a referral by the Commission 

6 to the Attorney General in the case of an apparent 

7 knowing and willful violation of this title. 

8 ‘‘(c) PROHIBITING CERTAIN CANDIDATES FROM

9 QUALIFYING AS PARTICIPATING CANDIDATES.— 

10 ‘‘(1) CANDIDATES WITH MULTIPLE CIVIL PEN11 ALTIES.—If the Commission assesses 3 or more civil 

12 penalties under subsection (a) against a candidate 

13 (with respect to either a single election or multiple 

14 elections), the Commission may refuse to certify the 

15 candidate as a participating candidate under this 

16 title with respect to any subsequent election, except 

17 that if each of the penalties were assessed as the re18 sult of a knowing and willful violation of any provi19 sion of this Act, the candidate is not eligible to be 

20 certified as a participating candidate under this title 

21 with respect to any subsequent election. 

22 ‘‘(2) CANDIDATES SUBJECT TO CRIMINAL PEN23 ALTY.—A candidate is not eligible to be certified as 

24 a participating candidate under this title with re25 spect to an election if a penalty has been assessed 


kjohnson on DSK79L0C42 with BILLS
497 

HR 1 PCS

1 against the candidate under section 309(d) with re2 spect to any previous election. 

3 ‘‘(d) IMPOSITION OF CRIMINAL PENALTIES.—For 

4 criminal penalties for the failure of a participating can5 didate to comply with the requirements of this title, see 

6 section 309(d). 

7 ‘‘SEC. 545. APPEALS PROCESS. 

8 ‘‘(a) REVIEW OF ACTIONS.—Any action by the Com9 mission in carrying out this title shall be subject to review 

10 by the United States Court of Appeals for the District 

11 of Columbia upon petition filed in the Court not later than 

12 30 days after the Commission takes the action for which 

13 the review is sought. 

14 ‘‘(b) PROCEDURES.—The provisions of chapter 7 of 

15 title 5, United States Code, apply to judicial review under 

16 this section. 

17 ‘‘SEC. 546. INDEXING OF AMOUNTS. 

18 ‘‘(a) INDEXING.—In any calendar year after 2024, 

19 section 315(c)(1)(B) shall apply to each amount described 

20 in subsection (b) in the same manner as such section ap21 plies to the limitations established under subsections 

22 (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, ex23 cept that for purposes of applying such section to the 

24 amounts described in subsection (b), the ‘base period’ 

25 shall be 2024. 


kjohnson on DSK79L0C42 with BILLS
498 

HR 1 PCS

1 ‘‘(b) AMOUNTS DESCRIBED.—The amounts described 

2 in this subsection are as follows: 

3 ‘‘(1) The amount referred to in section 

4 502(b)(1) (relating to the minimum amount of quali5 fied small dollar contributions included in a request 

6 for payment). 

7 ‘‘(2) The amounts referred to in section 

8 504(a)(1) (relating to the amount of a qualified 

9 small dollar contribution). 

10 ‘‘(3) The amount referred to in section 

11 512(a)(2) (relating to the total dollar amount of 

12 qualified small dollar contributions). 

13 ‘‘(4) The amount referred to in section 

14 521(a)(5) (relating to the aggregate amount of con15 tributions a participating candidate may accept from 

16 any individual with respect to an election). 

17 ‘‘(5) The amount referred to in section 

18 521(b)(1)(A) (relating to the amount of personal 

19 funds that may be used by a candidate who is cer20 tified as a participating candidate). 

21 ‘‘(6) The amounts referred to in section 

22 524(a)(2) (relating to the amount of unspent funds 

23 a candidate may retain for use in the next election 

24 cycle). 


kjohnson on DSK79L0C42 with BILLS
499 

HR 1 PCS

1 ‘‘(7) The amount referred to in section 

2 532(a)(3) (relating to the total dollar amount of 

3 qualified small dollar contributions for a candidate 

4 seeking an additional payment under subtitle D). 

5 ‘‘(8) The amount referred to in section 533(b) 

6 (relating to the limit on the amount of an additional 

7 payment made to a candidate under subtitle D). 

8 ‘‘SEC. 547. ELECTION CYCLE DEFINED. 

9 ‘‘In this title, the term ‘election cycle’ means, with 

10 respect to an election for an office, the period beginning 

11 on the day after the date of the most recent general elec12 tion for that office (or, if the general election resulted in 

13 a runoff election, the date of the runoff election) and end14 ing on the date of the next general election for that office 

15 (or, if the general election resulted in a runoff election, 

16 the date of the runoff election).’’. 

17 SEC. 5112. CONTRIBUTIONS AND EXPENDITURES BY MULTI18 CANDIDATE AND POLITICAL PARTY COMMIT19 TEES ON BEHALF OF PARTICIPATING CAN20 DIDATES. 

21 (a) AUTHORIZING CONTRIBUTIONS ONLY FROM SEP22 ARATE ACCOUNTS CONSISTING OF QUALIFIED SMALL

23 DOLLAR CONTRIBUTIONS.—Section 315(a) of the Federal 

24 Election Campaign Act of 1971 (52 U.S.C. 30116(a)) is 


kjohnson on DSK79L0C42 with BILLS
500 

HR 1 PCS

1 amended by adding at the end the following new para2 graph: 

3 ‘‘(10) In the case of a multicandidate political com4 mittee or any political committee of a political party, the 

5 committee may make a contribution to a candidate who 

6 is a participating candidate under title V with respect to 

7 an election only if the contribution is paid from a separate, 

8 segregated account of the committee which consists solely 

9 of contributions which meet the following requirements: 

10 ‘‘(A) Each such contribution is in an amount 

11 which meets the requirements for the amount of a 

12 qualified small dollar contribution under section 

13 504(a)(1) with respect to the election involved. 

14 ‘‘(B) Each such contribution is made by an in15 dividual who is not otherwise prohibited from mak16 ing a contribution under this Act. 

17 ‘‘(C) The individual who makes the contribution 

18 does not make contributions to the committee during 

19 the year in an aggregate amount that exceeds the 

20 limit described in section 504(a)(1).’’. 

21 (b) PERMITTING UNLIMITED COORDINATED EX22 PENDITURES FROM SMALL DOLLAR SOURCES BY POLIT23 ICAL PARTIES.—Section 315(d) of such Act (52 U.S.C. 

24 30116(d)) is amended— 


kjohnson on DSK79L0C42 with BILLS
501 

HR 1 PCS

1 (1) in paragraph (3), by striking ‘‘The national 

2 committee’’ and inserting ‘‘Except as provided in 

3 paragraph (6), the national committee’’; and 

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

5 paragraph: 

6 ‘‘(6) The limits described in paragraph (3) do not 

7 apply in the case of expenditures in connection with the 

8 general election campaign of a candidate for the office of 

9 Representative in, or Delegate or Resident Commissioner 

10 to, the Congress who is a participating candidate under 

11 title V with respect to the election, but only if— 

12 ‘‘(A) the expenditures are paid from a separate, 

13 segregated account of the committee which is de14 scribed in subsection (a)(9); and 

15 ‘‘(B) the expenditures are the sole source of 

16 funding provided by the committee to the can17 didate.’’. 

18 SEC. 5113. PROHIBITING USE OF CONTRIBUTIONS BY PAR19 TICIPATING CANDIDATES FOR PURPOSES 

20 OTHER THAN CAMPAIGN FOR ELECTION. 

21 Section 313 of the Federal Election Campaign Act 

22 of 1971 (52 U.S.C. 30114) is amended by adding at the 

23 end the following new subsection: 

24 ‘‘(d) RESTRICTIONS ON PERMITTED USES OF FUNDS

25 BY CANDIDATES RECEIVING SMALL DOLLAR FINANCVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00501 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
502 

HR 1 PCS

1 ING.—Notwithstanding paragraph (2), (3), or (4) of sub2 section (a), if a candidate for election for the office of Rep3 resentative in, or Delegate or Resident Commissioner to, 

4 the Congress is certified as a participating candidate 

5 under title V with respect to the election, any contribution 

6 which the candidate is permitted to accept under such title 

7 may be used only for authorized expenditures in connec8 tion with the candidate’s campaign for such office, subject 

9 to section 503(b).’’. 

10 SEC. 5114. ASSESSMENTS AGAINST FINES AND PENALTIES. 

11 (a) ASSESSMENTS RELATING TO CRIMINAL OF12 FENSES.— 

13 (1) IN GENERAL.—Chapter 201 of title 18, 

14 United States Code, is amended by adding at the 

15 end the following new section: 

16 ‘‘§ 3015. Special assessments for Freedom From Influ17 ence Fund 

18 ‘‘(a) ASSESSMENTS.— 

19 ‘‘(1) CONVICTIONS OF CRIMES.—In addition to 

20 any assessment imposed under this chapter, the 

21 court shall assess on any organizational defendant or 

22 any defendant who is a corporate officer or person 

23 with equivalent authority in any other organization 

24 who is convicted of a criminal offense under Federal 

25 law an amount equal to 2.75 percent of any fine imVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00502 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
503 

HR 1 PCS

1 posed on that defendant in the sentence imposed for 

2 that conviction. 

3 ‘‘(2) SETTLEMENTS.—The court shall assess on 

4 any organizational defendant or defendant who is a 

5 corporate officer or person with equivalent authority 

6 in any other organization who has entered into a 

7 settlement agreement or consent decree with the 

8 United States in satisfaction of any allegation that 

9 the defendant committed a criminal offense under 

10 Federal law an amount equal to 2.75 percent of the 

11 amount of the settlement. 

12 ‘‘(b) MANNER OF COLLECTION.—An amount as13 sessed under subsection (a) shall be collected in the man14 ner in which fines are collected in criminal cases. 

15 ‘‘(c) TRANSFERS.—In a manner consistent with sec16 tion 3302(b) of title 31, there shall be transferred from 

17 the General Fund of the Treasury to the Freedom From 

18 Influence Fund under section 541 of the Federal Election 

19 Campaign Act of 1971 an amount equal to the amount 

20 of the assessments collected under this section.’’. 

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions of chapter 201 of title 18, United States Code, 

23 is amended by adding at the end the following: 

‘‘3015. Special assessments for Freedom From Influence Fund.’’. 

24 (b) ASSESSMENTS RELATING TO CIVIL PEN25 ALTIES.— 


kjohnson on DSK79L0C42 with BILLS
504 

HR 1 PCS

1 (1) IN GENERAL.—Chapter 97 of title 31, 

2 United States Code, is amended by adding at the 

3 end the following new section: 

4 ‘‘§ 9707. Special assessments for Freedom From Influ5 ence Fund 

6 ‘‘(a) ASSESSMENTS.— 

7 ‘‘(1) CIVIL PENALTIES.—Any entity of the Fed8 eral Government which is authorized under any law, 

9 rule, or regulation to impose a civil penalty shall as10 sess on each person, other than a natural person 

11 who is not a corporate officer or person with equiva12 lent authority in any other organization, on whom 

13 such a penalty is imposed an amount equal to 2.75 

14 percent of the amount of the penalty. 

15 ‘‘(2) ADMINISTRATIVE PENALTIES.—Any entity 

16 of the Federal Government which is authorized 

17 under any law, rule, or regulation to impose an ad18 ministrative penalty shall assess on each person, 

19 other than a natural person who is not a corporate 

20 officer or person with equivalent authority in any 

21 other organization, on whom such a penalty is im22 posed an amount equal to 2.75 percent of the 

23 amount of the penalty. 

24 ‘‘(3) SETTLEMENTS.—Any entity of the Federal 

25 Government which is authorized under any law, rule, 


kjohnson on DSK79L0C42 with BILLS
505 

HR 1 PCS

1 or regulation to enter into a settlement agreement or 

2 consent decree with any person, other than a natural 

3 person who is not a corporate officer or person with 

4 equivalent authority in any other organization, in 

5 satisfaction of any allegation of an action or omis6 sion by the person which would be subject to a civil 

7 penalty or administrative penalty shall assess on 

8 such person an amount equal to 2.75 percent of the 

9 amount of the settlement. 

10 ‘‘(b) MANNER OF COLLECTION.—An amount as11 sessed under subsection (a) shall be collected— 

12 ‘‘(1) in the case of an amount assessed under 

13 paragraph (1) of such subsection, in the manner in 

14 which civil penalties are collected by the entity of the 

15 Federal Government involved; 

16 ‘‘(2) in the case of an amount assessed under 

17 paragraph (2) of such subsection, in the manner in 

18 which administrative penalties are collected by the 

19 entity of the Federal Government involved; and 

20 ‘‘(3) in the case of an amount assessed under 

21 paragraph (3) of such subsection, in the manner in 

22 which amounts are collected pursuant to settlement 

23 agreements or consent decrees entered into by the 

24 entity of the Federal Government involved. 


kjohnson on DSK79L0C42 with BILLS
506 

HR 1 PCS

1 ‘‘(c) TRANSFERS.—In a manner consistent with sec2 tion 3302(b) of this title, there shall be transferred from 

3 the General Fund of the Treasury to the Freedom From 

4 Influence Fund under section 541 of the Federal Election 

5 Campaign Act of 1971 an amount equal to the amount 

6 of the assessments collected under this section. 

7 ‘‘(d) EXCEPTION FOR PENALTIES AND SETTLE8 MENTS UNDER AUTHORITY OF THE INTERNAL REVENUE

9 CODE OF 1986.— 

10 ‘‘(1) IN GENERAL.—No assessment shall be 

11 made under subsection (a) with respect to any civil 

12 or administrative penalty imposed, or any settlement 

13 agreement or consent decree entered into, under the 

14 authority of the Internal Revenue Code of 1986. 

15 ‘‘(2) CROSS REFERENCE.—For application of 

16 special assessments for the Freedom From Influence 

17 Fund with respect to certain penalties under the In18 ternal Revenue Code of 1986, see section 6761 of 

19 the Internal Revenue Code of 1986.’’. 

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions of chapter 97 of title 31, United States Code, 

22 is amended by adding at the end the following: 

‘‘9707. Special assessments for Freedom From Influence Fund.’’. 

23 (c) ASSESSMENTS RELATING TO CERTAIN PEN24 ALTIES UNDER THE INTERNAL REVENUE CODE OF

25 1986.— 


kjohnson on DSK79L0C42 with BILLS
507 

HR 1 PCS

1 (1) IN GENERAL.—Chapter 68 of the Internal 

2 Revenue Code of 1986 is amended by adding at the 

3 end the following new subchapter: 

4 ‘‘Subchapter D—Special Assessments for 

5 Freedom From Influence Fund 

6 ‘‘SEC. 6761. SPECIAL ASSESSMENTS FOR FREEDOM FROM 

7 INFLUENCE FUND. 

8 ‘‘(a) IN GENERAL.—Each person required to pay a 

9 covered penalty shall pay an additional amount equal to 

10 2.75 percent of the amount of such penalty. 

11 ‘‘(b) COVERED PENALTY.—For purposes of this sec12 tion, the term ‘covered penalty’ means any addition to tax, 

13 additional amount, penalty, or other liability provided 

14 under subchapter A or B. 

15 ‘‘(c) EXCEPTION FOR CERTAIN INDIVIDUALS.— 

16 ‘‘(1) IN GENERAL.—In the case of a taxpayer 

17 who is an individual, subsection (a) shall not apply 

18 to any covered penalty if such taxpayer is an exempt 

19 taxpayer for the taxable year for which such covered 

20 penalty is assessed. 

21 ‘‘(2) EXEMPT TAXPAYER.—For purposes of ths 

22 subsection, a taxpayer is an exempt taxpayer for any 

23 taxable year if the taxable income of such taxpayer 

24 for such taxable year does not exceed the dollar 

25 amount at which begins the highest rate bracket in 


kjohnson on DSK79L0C42 with BILLS
508 

HR 1 PCS

1 effect under section 1 with respect to such taxpayer 

2 for such taxable year. 

3 ‘‘(d) APPLICATION OF CERTAIN RULES.—Except as 

4 provided in subsection (e), the additional amount deter5 mined under subsection (a) shall be treated for purposes 

6 of this title in the same manner as the covered penalty 

7 to which such additional amount relates. 

8 ‘‘(e) TRANSFER TO FREEDOM FROM INFLUENCE

9 FUND.—The Secretary shall deposit any additional 

10 amount under subsection (a) in the General Fund of the 

11 Treasury and shall transfer from such General Fund to 

12 the Freedom From Influence Fund established under sec13 tion 541 of the Federal Election Campaign Act of 1971 

14 an amount equal to the amounts so deposited (and, not15 withstanding subsection (d), such additional amount shall 

16 not be the basis for any deposit, transfer, credit, appro17 priation, or any other payment, to any other trust fund 

18 or account). Rules similar to the rules of section 9601 

19 shall apply for purposes of this subsection.’’. 

20 (2) CLERICAL AMENDMENT.—The table of sub21 chapters for chapter 68 of such Code is amended by 

22 adding at the end the following new item: 

‘‘SUBCHAPTER D—SPECIAL ASSESSMENTS FOR FREEDOM FROM INFLUENCE

FUND’’. 

23 (d) EFFECTIVE DATES.— 


kjohnson on DSK79L0C42 with BILLS
509 

HR 1 PCS

1 (1) IN GENERAL.—Except as provided in para2 graph (2), the amendments made by this section 

3 shall apply with respect to convictions, agreements, 

4 and penalties which occur on or after the date of the 

5 enactment of this Act. 

6 (2) ASSESSMENTS RELATING TO CERTAIN PEN7 ALTIES UNDER THE INTERNAL REVENUE CODE OF

8 1986.—The amendments made by subsection (c) 

9 shall apply to covered penalties assessed after the 

10 date of the enactment of this Act. 

11 SEC. 5115. STUDY AND REPORT ON SMALL DOLLAR FINANC12 ING PROGRAM. 

13 (a) STUDY AND REPORT.—Not later than 2 years 

14 after the completion of the first election cycle in which 

15 the program established under title V of the Federal Elec16 tion Campaign Act of 1971, as added by section 5111, 

17 is in effect, the Federal Election Commission shall— 

18 (1) assess— 

19 (A) the amount of payment referred to in 

20 section 501 of such Act; and 

21 (B) the amount of a qualified small dollar 

22 contribution referred to in section 504(a)(1) of 

23 such Act; and 


kjohnson on DSK79L0C42 with BILLS
510 

HR 1 PCS

1 (2) submit to Congress a report that discuses 

2 whether such amounts are sufficient to meet the 

3 goals of the program. 

4 (b) UPDATE.—The Commission shall update and re5 vise the study and report required by subsection (a) on 

6 a biennial basis. 

7 (c) TERMINATION.—The requirements of this section 

8 shall terminate ten years after the date on which the first 

9 study and report required by subsection (a) is submitted 

10 to Congress. 

11 SEC. 5116. EFFECTIVE DATE. 

12 (a) IN GENERAL.—Except as may otherwise be pro13 vided in this part and in the amendments made by this 

14 part, this part and the amendments made by this part 

15 shall apply with respect to elections occurring during 2026 

16 or any succeeding year, without regard to whether or not 

17 the Federal Election Commission has promulgated the 

18 final regulations necessary to carry out this part and the 

19 amendments made by this part by the deadline set forth 

20 in subsection (b). 

21 (b) DEADLINE FOR REGULATIONS.—Not later than 

22 June 30, 2024, the Federal Election Commission shall 

23 promulgate such regulations as may be necessary to carry 

24 out this part and the amendments made by this part. 


kjohnson on DSK79L0C42 with BILLS
511 

HR 1 PCS

1 Subtitle C—Presidential Elections 

2 SEC. 5200. SHORT TITLE. 

3 This subtitle may be cited as the ‘‘Empower Act of 

4 2019’’. 

5 PART 1—PRIMARY ELECTIONS 

6 SEC. 5201. INCREASE IN AND MODIFICATIONS TO MATCH7 ING PAYMENTS. 

8 (a) INCREASE AND MODIFICATION.— 

9 (1) IN GENERAL.—The first sentence of section 

10 9034(a) of the Internal Revenue Code of 1986 is 

11 amended— 

12 (A) by striking ‘‘an amount equal to the 

13 amount of each contribution’’ and inserting ‘‘an 

14 amount equal to 600 percent of the amount of 

15 each matchable contribution (disregarding any 

16 amount of contributions from any person to the 

17 extent that the total of the amounts contributed 

18 by such person for the election exceeds $200)’’; 

19 and 

20 (B) by striking ‘‘authorized committees’’ 

21 and all that follows through ‘‘$250’’ and insert22 ing ‘‘authorized committees’’. 

23 (2) MATCHABLE CONTRIBUTIONS.—Section 

24 9034 of such Code is amended— 


kjohnson on DSK79L0C42 with BILLS
512 

HR 1 PCS

1 (A) by striking the last sentence of sub2 section (a); and 

3 (B) by adding at the end the following new 

4 subsection: 

5 ‘‘(c) MATCHABLE CONTRIBUTION DEFINED.—For 

6 purposes of this section and section 9033(b)— 

7 ‘‘(1) MATCHABLE CONTRIBUTION.—The term 

8 ‘matchable contribution’ means, with respect to the 

9 nomination for election to the office of President of 

10 the United States, a contribution by an individual to 

11 a candidate or an authorized committee of a can12 didate with respect to which the candidate has cer13 tified in writing that— 

14 ‘‘(A) the individual making such contribu15 tion has not made aggregate contributions (in16 cluding such matchable contribution) to such 

17 candidate and the authorized committees of 

18 such candidate in excess of $1,000 for the elec19 tion; 

20 ‘‘(B) such candidate and the authorized 

21 committees of such candidate will not accept 

22 contributions from such individual (including 

23 such matchable contribution) aggregating more 

24 than the amount described in subparagraph 

25 (A); and 


kjohnson on DSK79L0C42 with BILLS
513 

HR 1 PCS

1 ‘‘(C) such contribution was a direct con2 tribution. 

3 ‘‘(2) CONTRIBUTION.—For purposes of this 

4 subsection, the term ‘contribution’ means a gift of 

5 money made by a written instrument which identi6 fies the individual making the contribution by full 

7 name and mailing address, but does not include a 

8 subscription, loan, advance, or deposit of money, or 

9 anything of value or anything described in subpara10 graph (B), (C), or (D) of section 9032(4). 

11 ‘‘(3) DIRECT CONTRIBUTION.— 

12 ‘‘(A) IN GENERAL.—For purposes of this 

13 subsection, the term ‘direct contribution’ 

14 means, with respect to a candidate, a contribu15 tion which is made directly by an individual to 

16 the candidate or an authorized committee of the 

17 candidate and is not— 

18 ‘‘(i) forwarded from the individual 

19 making the contribution to the candidate 

20 or committee by another person; or 

21 ‘‘(ii) received by the candidate or com22 mittee with the knowledge that the con23 tribution was made at the request, sugges24 tion, or recommendation of another person. 


kjohnson on DSK79L0C42 with BILLS
514 

HR 1 PCS

1 ‘‘(B) OTHER DEFINITIONS.—In subpara2 graph (A)— 

3 ‘‘(i) the term ‘person’ does not include 

4 an individual (other than an individual de5 scribed in section 304(i)(7) of the Federal 

6 Election Campaign Act of 1971), a polit7 ical committee of a political party, or any 

8 political committee which is not a separate 

9 segregated fund described in section 

10 316(b) of the Federal Election Campaign 

11 Act of 1971 and which does not make con12 tributions or independent expenditures, 

13 does not engage in lobbying activity under 

14 the Lobbying Disclosure Act of 1995 (2 

15 U.S.C. 1601 et seq.), and is not estab16 lished by, controlled by, or affiliated with 

17 a registered lobbyist under such Act, an 

18 agent of a registered lobbyist under such 

19 Act, or an organization which retains or 

20 employs a registered lobbyist under such 

21 Act; and 

22 ‘‘(ii) a contribution is not ‘made at 

23 the request, suggestion, or recommendation 

24 of another person’ solely on the grounds 

25 that the contribution is made in response 


kjohnson on DSK79L0C42 with BILLS
515 

HR 1 PCS

1 to information provided to the individual 

2 making the contribution by any person, so 

3 long as the candidate or authorized com4 mittee does not know the identity of the 

5 person who provided the information to 

6 such individual.’’. 

7 (3) CONFORMING AMENDMENTS.— 

8 (A) Section 9032(4) of such Code is 

9 amended by striking ‘‘section 9034(a)’’ and in10 serting ‘‘section 9034’’. 

11 (B) Section 9033(b)(3) of such Code is 

12 amended by striking ‘‘matching contributions’’ 

13 and inserting ‘‘matchable contributions’’. 

14 (b) MODIFICATION OF PAYMENT LIMITATION.—Sec15 tion 9034(b) of such Code is amended— 

16 (1) by striking ‘‘The total’’ and inserting the 

17 following: 

18 ‘‘(1) IN GENERAL.—The total’’; 

19 (2) by striking ‘‘shall not exceed’’ and all that 

20 follows and inserting ‘‘shall not exceed 

21 $250,000,000.’’; and 

22 (3) by adding at the end the following new 

23 paragraph: 

24 ‘‘(2) INFLATION ADJUSTMENT.— 


kjohnson on DSK79L0C42 with BILLS
516 

HR 1 PCS

1 ‘‘(A) IN GENERAL.—In the case of any ap2 plicable period beginning after 2029, the dollar 

3 amount in paragraph (1) shall be increased by 

4 an amount equal to— 

5 ‘‘(i) such dollar amount, multiplied by 

6 ‘‘(ii) the cost-of-living adjustment de7 termined under section 1(f)(3) for the cal8 endar year following the year which such 

9 applicable period begins, determined by 

10 substituting ‘calendar year 2028’ for ‘cal11 endar year 1992’ in subparagraph (B) 

12 thereof. 

13 ‘‘(B) APPLICABLE PERIOD.—For purposes 

14 of this paragraph, the term ‘applicable period’ 

15 means the 4-year period beginning with the 

16 first day following the date of the general elec17 tion for the office of President and ending on 

18 the date of the next such general election. 

19 ‘‘(C) ROUNDING.—If any amount as ad20 justed under subparagraph (1) is not a multiple 

21 of $10,000, such amount shall be rounded to 

22 the nearest multiple of $10,000.’’. 


kjohnson on DSK79L0C42 with BILLS
517 

HR 1 PCS

1 SEC. 5202. ELIGIBILITY REQUIREMENTS FOR MATCHING 

2 PAYMENTS. 

3 (a) AMOUNT OF AGGREGATE CONTRIBUTIONS PER

4 STATE; DISREGARDING OF AMOUNTS CONTRIBUTED IN

5 EXCESS OF $200.—Section 9033(b)(3) of the Internal 

6 Revenue Code of 1986 is amended— 

7 (1) by striking ‘‘$5,000’’ and inserting 

8 ‘‘$25,000’’; and 

9 (2) by striking ‘‘20 States’’ and inserting the 

10 following: ‘‘20 States (disregarding any amount of 

11 contributions from any such resident to the extent 

12 that the total of the amounts contributed by such 

13 resident for the election exceeds $200)’’. 

14 (b) CONTRIBUTION LIMIT.— 

15 (1) IN GENERAL.—Paragraph (4) of section 

16 9033(b) of such Code is amended to read as follows: 

17 ‘‘(4) the candidate and the authorized commit18 tees of the candidate will not accept aggregate con19 tributions from any person with respect to the nomi20 nation for election to the office of President of the 

21 United States in excess of $1,000 for the election.’’. 

22 (2) CONFORMING AMENDMENTS.— 

23 (A) Section 9033(b) of such Code is 

24 amended by adding at the end the following 

25 new flush sentence: 


kjohnson on DSK79L0C42 with BILLS
518 

HR 1 PCS

1 ‘‘For purposes of paragraph (4), the term ‘contribution’ 

2 has the meaning given such term in section 301(8) of the 

3 Federal Election Campaign Act of 1971.’’. 

4 (B) Section 9032(4) of such Code, as 

5 amended by section 5201(a)(3)(A), is amended 

6 by inserting ‘‘or 9033(b)’’ after ‘‘9034’’. 

7 (c) PARTICIPATION IN SYSTEM FOR PAYMENTS FOR

8 GENERAL ELECTION.—Section 9033(b) of such Code is 

9 amended— 

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

11 (3); 

12 (2) by striking the period at the end of para13 graph (4) and inserting ‘‘, and’’; and 

14 (3) by inserting after paragraph (4) the fol15 lowing new paragraph: 

16 ‘‘(5) if the candidate is nominated by a political 

17 party for election to the office of President, the can18 didate will apply for and accept payments with re19 spect to the general election for such office in ac20 cordance with chapter 95.’’. 

21 (d) PROHIBITION ON JOINT FUNDRAISING COMMIT22 TEES.—Section 9033(b) of such Code, as amended by sub23 section (c), is amended— 

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

25 (4); 


kjohnson on DSK79L0C42 with BILLS
519 

HR 1 PCS

1 (2) by striking the period at the end of para2 graph (5) and inserting ‘‘; and’’; and 

3 (3) by inserting after paragraph (5) adding at 

4 the end the following new paragraph: 

5 ‘‘(6) the candidate will not establish a joint 

6 fundraising committee with a political committee 

7 other than another authorized committee of the can8 didate, except that candidate established a joint 

9 fundraising committee with respect to a prior elec10 tion for which the candidate was not eligible to re11 ceive payments under section 9037 and the can12 didate does not terminate the committee, the can13 didate shall not be considered to be in violation of 

14 this paragraph so long as that joint fundraising 

15 committee does not receive any contributions or 

16 make any disbursements during the election cycle for 

17 which the candidate is eligible to receive payments 

18 under such section.’’. 

19 SEC. 5203. REPEAL OF EXPENDITURE LIMITATIONS. 

20 (a) IN GENERAL.—Subsection (a) of section 9035 of 

21 the Internal Revenue Code of 1986 is amended to read 

22 as follows: 

23 ‘‘(a) PERSONAL EXPENDITURE LIMITATION.—No 

24 candidate shall knowingly make expenditures from his per25 sonal funds, or the personal funds of his immediate family, 


kjohnson on DSK79L0C42 with BILLS
520 

HR 1 PCS

1 in connection with his campaign for nomination for elec2 tion to the office of President in excess of, in the aggre3 gate, $50,000.’’. 

4 (b) CONFORMING AMENDMENT.—Paragraph (1) of 

5 section 9033(b) of the Internal Revenue Code of 1986 is 

6 amended to read as follows: 

7 ‘‘(1) the candidate will comply with the per8 sonal expenditure limitation under section 9035,’’. 

9 SEC. 5204. PERIOD OF AVAILABILITY OF MATCHING PAY10 MENTS. 

11 Section 9032(6) of the Internal Revenue Code of 

12 1986 is amended by striking ‘‘the beginning of the cal13 endar year in which a general election for the office of 

14 President of the United States will be held’’ and inserting 

15 ‘‘the date that is 6 months prior to the date of the earliest 

16 State primary election’’. 

17 SEC. 5205. EXAMINATION AND AUDITS OF MATCHABLE CON18 TRIBUTIONS. 

19 Section 9038(a) of the Internal Revenue Code of 

20 1986 is amended by inserting ‘‘and matchable contribu21 tions accepted by’’ after ‘‘qualified campaign expenses of’’. 


kjohnson on DSK79L0C42 with BILLS
521 

HR 1 PCS

1 SEC. 5206. MODIFICATION TO LIMITATION ON CONTRIBU2 TIONS FOR PRESIDENTIAL PRIMARY CAN3 DIDATES. 

4 Section 315(a)(6) of the Federal Election Campaign 

5 Act of 1971 (52 U.S.C. 30116(a)(6)) is amended by strik6 ing ‘‘calendar year’’ and inserting ‘‘four-year election 

7 cycle’’. 

8 SEC. 5207. USE OF FREEDOM FROM INFLUENCE FUND AS 

9 SOURCE OF PAYMENTS. 

10 (a) IN GENERAL.—Chapter 96 of subtitle H of the 

11 Internal Revenue Code of 1986 is amended by adding at 

12 the end the following new section: 

13 ‘‘SEC. 9043. USE OF FREEDOM FROM INFLUENCE FUND AS 

14 SOURCE OF PAYMENTS. 

15 ‘‘(a) IN GENERAL.—Notwithstanding any other pro16 vision of this chapter, effective with respect to the Presi17 dential election held in 2028 and each succeeding Presi18 dential election, all payments made to candidates under 

19 this chapter shall be made from the Freedom From Influ20 ence Fund established under section 541 of the Federal 

21 Election Campaign Act of 1971 (hereafter in this section 

22 referred to as the ‘Fund’). 

23 ‘‘(b) MANDATORY REDUCTION OF PAYMENTS IN

24 CASE OF INSUFFICIENT AMOUNTS IN FUND.— 

25 ‘‘(1) ADVANCE AUDITS BY COMMISSION.—Not 

26 later than 90 days before the first day of each PresiVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00521 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
522 

HR 1 PCS

1 dential election cycle (beginning with the cycle for 

2 the election held in 2028), the Commission shall— 

3 ‘‘(A) audit the Fund to determine whether, 

4 after first making payments to participating 

5 candidates under title V of the Federal Election 

6 Campaign Act of 1971 and then making pay7 ments to States under the My Voice Voucher 

8 Program under the Government By the People 

9 Act of 2019, the amounts remaining in the 

10 Fund will be sufficient to make payments to 

11 candidates under this chapter in the amounts 

12 provided under this chapter during such elec13 tion cycle; and 

14 ‘‘(B) submit a report to Congress describ15 ing the results of the audit. 

16 ‘‘(2) REDUCTIONS IN AMOUNT OF PAYMENTS.— 

17 ‘‘(A) AUTOMATIC REDUCTION ON PRO

18 RATA BASIS.—If, on the basis of the audit de19 scribed in paragraph (1), the Commission deter20 mines that the amount anticipated to be avail21 able in the Fund with respect to the Presi22 dential election cycle involved is not, or may not 

23 be, sufficient to satisfy the full entitlements of 

24 candidates to payments under this chapter for 

25 such cycle, the Commission shall reduce each 


kjohnson on DSK79L0C42 with BILLS
523 

HR 1 PCS

1 amount which would otherwise be paid to a can2 didate under this chapter by such pro rata 

3 amount as may be necessary to ensure that the 

4 aggregate amount of payments anticipated to 

5 be made with respect to the cycle will not ex6 ceed the amount anticipated to be available for 

7 such payments in the Fund with respect to such 

8 cycle. 

9 ‘‘(B) RESTORATION OF REDUCTIONS IN

10 CASE OF AVAILABILITY OF SUFFICIENT FUNDS

11 DURING ELECTION CYCLE.—If, after reducing 

12 the amounts paid to candidates with respect to 

13 an election cycle under subparagraph (A), the 

14 Commission determines that there are sufficient 

15 amounts in the Fund to restore the amount by 

16 which such payments were reduced (or any por17 tion thereof), to the extent that such amounts 

18 are available, the Commission may make a pay19 ment on a pro rata basis to each such candidate 

20 with respect to the election cycle in the amount 

21 by which such candidate’s payments were re22 duced under subparagraph (A) (or any portion 

23 thereof, as the case may be). 

24 ‘‘(C) NO USE OF AMOUNTS FROM OTHER

25 SOURCES.—In any case in which the CommisVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00523 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
524 

HR 1 PCS

1 sion determines that there are insufficient mon2 eys in the Fund to make payments to can3 didates under this chapter, moneys shall not be 

4 made available from any other source for the 

5 purpose of making such payments. 

6 ‘‘(3) NO EFFECT ON AMOUNTS TRANSFERRED

7 FOR PEDIATRIC RESEARCH INITIATIVE.—This sec8 tion does not apply to the transfer of funds under 

9 section 9008(i). 

10 ‘‘(4) PRESIDENTIAL ELECTION CYCLE DE11 FINED.—In this section, the term ‘Presidential elec12 tion cycle’ means, with respect to a Presidential elec13 tion, the period beginning on the day after the date 

14 of the previous Presidential general election and 

15 ending on the date of the Presidential election.’’. 

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

17 for chapter 96 of subtitle H of such Code is amended by 

18 adding at the end the following new item: 

‘‘Sec. 9043. Use of Freedom From Influence Fund as source of payments.’’. 

19 PART 2—GENERAL ELECTIONS 

20 SEC. 5211. MODIFICATION OF ELIGIBILITY REQUIREMENTS 

21 FOR PUBLIC FINANCING. 

22 Subsection (a) of section 9003 of the Internal Rev23 enue Code of 1986 is amended to read as follows: 

24 ‘‘(a) IN GENERAL.—In order to be eligible to receive 

25 any payments under section 9006, the candidates of a poVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00524 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
525 

HR 1 PCS

1 litical party in a Presidential election shall meet the fol2 lowing requirements: 

3 ‘‘(1) PARTICIPATION IN PRIMARY PAYMENT

4 SYSTEM.—The candidate for President received pay5 ments under chapter 96 for the campaign for nomi6 nation for election to be President. 

7 ‘‘(2) AGREEMENTS WITH COMMISSION.—The 

8 candidates, in writing— 

9 ‘‘(A) agree to obtain and furnish to the 

10 Commission such evidence as it may request of 

11 the qualified campaign expenses of such can12 didates, 

13 ‘‘(B) agree to keep and furnish to the 

14 Commission such records, books, and other in15 formation as it may request, and 

16 ‘‘(C) agree to an audit and examination by 

17 the Commission under section 9007 and to pay 

18 any amounts required to be paid under such 

19 section. 

20 ‘‘(3) PROHIBITION ON JOINT FUNDRAISING

21 COMMITTEES.— 

22 ‘‘(A) PROHIBITION.—The candidates cer23 tifies in writing that the candidates will not es24 tablish a joint fundraising committee with a poVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00525 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
526 

HR 1 PCS

1 litical committee other than another authorized 

2 committee of the candidate. 

3 ‘‘(B) STATUS OF EXISTING COMMITTEES

4 FOR PRIOR ELECTIONS.—If a candidate estab5 lished a joint fundraising committee described 

6 in subparagraph (A) with respect to a prior 

7 election for which the candidate was not eligible 

8 to receive payments under section 9006 and the 

9 candidate does not terminate the committee, 

10 the candidate shall not be considered to be in 

11 violation of subparagraph (A) so long as that 

12 joint fundraising committee does not receive 

13 any contributions or make any disbursements 

14 with respect to the election for which the can15 didate is eligible to receive payments under sec16 tion 9006.’’. 

17 SEC. 5212. REPEAL OF EXPENDITURE LIMITATIONS AND 

18 USE OF QUALIFIED CAMPAIGN CONTRIBU19 TIONS. 

20 (a) USE OF QUALIFIED CAMPAIGN CONTRIBUTIONS

21 WITHOUT EXPENDITURE LIMITS; APPLICATION OF SAME

22 REQUIREMENTS FOR MAJOR, MINOR, AND NEW PAR23 TIES.—Section 9003 of the Internal Revenue Code of 

24 1986 is amended by striking subsections (b) and (c) and 

25 inserting the following: 


kjohnson on DSK79L0C42 with BILLS
527 

HR 1 PCS

1 ‘‘(b) USE OF QUALIFIED CAMPAIGN CONTRIBUTIONS

2 TO DEFRAY EXPENSES.— 

3 ‘‘(1) IN GENERAL.—In order to be eligible to 

4 receive any payments under section 9006, the can5 didates of a party in a Presidential election shall 

6 certify to the Commission, under penalty of perjury, 

7 that— 

8 ‘‘(A) such candidates and their authorized 

9 committees have not and will not accept any 

10 contributions to defray qualified campaign ex11 penses other than— 

12 ‘‘(i) qualified campaign contributions, 

13 and 

14 ‘‘(ii) contributions to the extent nec15 essary to make up any deficiency payments 

16 received out of the fund on account of the 

17 application of section 9006(c), and 

18 ‘‘(B) such candidates and their authorized 

19 committees have not and will not accept any 

20 contribution to defray expenses which would be 

21 qualified campaign expenses but for subpara22 graph (C) of section 9002(11). 

23 ‘‘(2) TIMING OF CERTIFICATION.—The can24 didate shall make the certification required under 

25 this subsection at the same time the candidate 


kjohnson on DSK79L0C42 with BILLS
528 

HR 1 PCS

1 makes the certification required under subsection 

2 (a)(3).’’. 

3 (b) DEFINITION OF QUALIFIED CAMPAIGN CON4 TRIBUTION.—Section 9002 of such Code is amended by 

5 adding at the end the following new paragraph: 

6 ‘‘(13) QUALIFIED CAMPAIGN CONTRIBUTION.— 

7 The term ‘qualified campaign contribution’ means, 

8 with respect to any election for the office of Presi9 dent of the United States, a contribution from an in10 dividual to a candidate or an authorized committee 

11 of a candidate which— 

12 ‘‘(A) does not exceed $1,000 for the elec13 tion; and 

14 ‘‘(B) with respect to which the candidate 

15 has certified in writing that— 

16 ‘‘(i) the individual making such con17 tribution has not made aggregate contribu18 tions (including such qualified contribu19 tion) to such candidate and the authorized 

20 committees of such candidate in excess of 

21 the amount described in subparagraph (A), 

22 and 

23 ‘‘(ii) such candidate and the author24 ized committees of such candidate will not 

25 accept contributions from such individual 


kjohnson on DSK79L0C42 with BILLS
529 

HR 1 PCS

1 (including such qualified contribution) ag2 gregating more than the amount described 

3 in subparagraph (A) with respect to such 

4 election.’’. 

5 (c) CONFORMING AMENDMENTS.— 

6 (1) REPEAL OF EXPENDITURE LIMITS.— 

7 (A) IN GENERAL.—Section 315 of the Fed8 eral Election Campaign Act of 1971 (52 U.S.C. 

9 30116) is amended by striking subsection (b). 

10 (B) CONFORMING AMENDMENTS.—Section 

11 315(c) of such Act (52 U.S.C. 30116(c)) is 

12 amended— 

13 (i) in paragraph (1)(B)(i), by striking 

14 ‘‘, (b)’’; and 

15 (ii) in paragraph (2)(B)(i), by striking 

16 ‘‘subsections (b) and (d)’’ and inserting 

17 ‘‘subsection (d)’’. 

18 (2) REPEAL OF REPAYMENT REQUIREMENT.— 

19 (A) IN GENERAL.—Section 9007(b) of the 

20 Internal Revenue Code of 1986 is amended by 

21 striking paragraph (2) and redesignating para22 graphs (3), (4), and (5) as paragraphs (2), (3), 

23 and (4), respectively. 

24 (B) CONFORMING AMENDMENT.—Para25 graph (2) of section 9007(b) of such Code, as 


kjohnson on DSK79L0C42 with BILLS
530 

HR 1 PCS

1 redesignated by subparagraph (A), is amend2 ed— 

3 (i) by striking ‘‘a major party’’ and 

4 inserting ‘‘a party’’; 

5 (ii) by inserting ‘‘qualified contribu6 tions and’’ after ‘‘contributions (other 

7 than’’; and 

8 (iii) by striking ‘‘(other than qualified 

9 campaign expenses with respect to which 

10 payment is required under paragraph 

11 (2))’’. 

12 (3) CRIMINAL PENALTIES.— 

13 (A) REPEAL OF PENALTY FOR EXCESS EX14 PENSES.—Section 9012 of the Internal Revenue 

15 Code of 1986 is amended by striking subsection 

16 (a). 

17 (B) PENALTY FOR ACCEPTANCE OF DIS18 ALLOWED CONTRIBUTIONS; APPLICATION OF

19 SAME PENALTY FOR CANDIDATES OF MAJOR, 

20 MINOR, AND NEW PARTIES.—Subsection (b) of 

21 section 9012 of such Code is amended to read 

22 as follows: 

23 ‘‘(b) CONTRIBUTIONS.— 

24 ‘‘(1) ACCEPTANCE OF DISALLOWED CONTRIBU25 TIONS.—It shall be unlawful for an eligible canVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00530 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
531 

HR 1 PCS

1 didate of a party in a Presidential election or any of 

2 his authorized committees knowingly and willfully to 

3 accept— 

4 ‘‘(A) any contribution other than a quali5 fied campaign contribution to defray qualified 

6 campaign expenses, except to the extent nec7 essary to make up any deficiency in payments 

8 received out of the fund on account of the ap9 plication of section 9006(c); or 

10 ‘‘(B) any contribution to defray expenses 

11 which would be qualified campaign expenses but 

12 for subparagraph (C) of section 9002(11). 

13 ‘‘(2) PENALTY.—Any person who violates para14 graph (1) shall be fined not more than $5,000, or 

15 imprisoned not more than one year, or both. In the 

16 case of a violation by an authorized committee, any 

17 officer or member of such committee who knowingly 

18 and willfully consents to such violation shall be fined 

19 not more than $5,000, or imprisoned not more than 

20 one year, or both.’’. 

21 SEC. 5213. MATCHING PAYMENTS AND OTHER MODIFICA22 TIONS TO PAYMENT AMOUNTS. 

23 (a) IN GENERAL.— 

24 (1) AMOUNT OF PAYMENTS; APPLICATION OF

25 SAME AMOUNT FOR CANDIDATES OF MAJOR, MINOR, 


kjohnson on DSK79L0C42 with BILLS
532 

HR 1 PCS

1 AND NEW PARTIES.—Subsection (a) of section 9004 

2 of the Internal Revenue Code of 1986 is amended to 

3 read as follows: 

4 ‘‘(a) IN GENERAL.—Subject to the provisions of this 

5 chapter, the eligible candidates of a party in a Presidential 

6 election shall be entitled to equal payment under section 

7 9006 in an amount equal to 600 percent of the amount 

8 of each matchable contribution received by such candidate 

9 or by the candidate’s authorized committees (disregarding 

10 any amount of contributions from any person to the extent 

11 that the total of the amounts contributed by such person 

12 for the election exceeds $200), except that total amount 

13 to which a candidate is entitled under this paragraph shall 

14 not exceed $250,000,000.’’. 

15 (2) REPEAL OF SEPARATE LIMITATIONS FOR

16 CANDIDATES OF MINOR AND NEW PARTIES; INFLA17 TION ADJUSTMENT.—Subsection (b) of section 9004 

18 of such Code is amended to read as follows: 

19 ‘‘(b) INFLATION ADJUSTMENT.— 

20 ‘‘(1) IN GENERAL.—In the case of any applica21 ble period beginning after 2029, the $250,000,000 

22 dollar amount in subsection (a) shall be increased by 

23 an amount equal to— 

24 ‘‘(A) such dollar amount; multiplied by 


kjohnson on DSK79L0C42 with BILLS
533 

HR 1 PCS

1 ‘‘(B) the cost-of-living adjustment deter2 mined under section 1(f)(3) for the calendar 

3 year following the year which such applicable 

4 period begins, determined by substituting ‘cal5 endar year 2028’ for ‘calendar year 1992’ in 

6 subparagraph (B) thereof. 

7 ‘‘(2) APPLICABLE PERIOD.—For purposes of 

8 this subsection, the term ‘applicable period’ means 

9 the 4-year period beginning with the first day fol10 lowing the date of the general election for the office 

11 of President and ending on the date of the next such 

12 general election. 

13 ‘‘(3) ROUNDING.—If any amount as adjusted 

14 under paragraph (1) is not a multiple of $10,000, 

15 such amount shall be rounded to the nearest mul16 tiple of $10,000.’’. 

17 (3) CONFORMING AMENDMENT.—Section 

18 9005(a) of such Code is amended by adding at the 

19 end the following new sentence: ‘‘The Commission 

20 shall make such additional certifications as may be 

21 necessary to receive payments under section 9004.’’. 

22 (b) MATCHABLE CONTRIBUTION.—Section 9002 of 

23 such Code, as amended by section 5212(b), is amended 

24 by adding at the end the following new paragraph: 


kjohnson on DSK79L0C42 with BILLS
534 

HR 1 PCS

1 ‘‘(14) MATCHABLE CONTRIBUTION.—The term 

2 ‘matchable contribution’ means, with respect to the 

3 election to the office of President of the United 

4 States, a contribution by an individual to a can5 didate or an authorized committee of a candidate 

6 with respect to which the candidate has certified in 

7 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 (A) 

19 with respect to such election; and 

20 ‘‘(C) such contribution was a direct con21 tribution (as defined in section 9034(c)(3)).’’. 


kjohnson on DSK79L0C42 with BILLS
535 

HR 1 PCS

1 SEC. 5214. INCREASE IN LIMIT ON COORDINATED PARTY 

2 EXPENDITURES. 

3 (a) IN GENERAL.—Section 315(d)(2) of the Federal 

4 Election Campaign Act of 1971 (52 U.S.C. 30116(d)(2)) 

5 is amended to read as follows: 

6 ‘‘(2)(A) The national committee of a political party 

7 may not make any expenditure in connection with the gen8 eral election campaign of any candidate for President of 

9 the United States who is affiliated with such party which 

10 exceeds $100,000,000. 

11 ‘‘(B) For purposes of this paragraph— 

12 ‘‘(i) any expenditure made by or on behalf of a 

13 national committee of a political party and in con14 nection with a Presidential election shall be consid15 ered to be made in connection with the general elec16 tion campaign of a candidate for President of the 

17 United States who is affiliated with such party; and 

18 ‘‘(ii) any communication made by or on behalf 

19 of such party shall be considered to be made in con20 nection with the general election campaign of a can21 didate for President of the United States who is af22 filiated with such party if any portion of the commu23 nication is in connection with such election. 

24 ‘‘(C) Any expenditure under this paragraph shall be 

25 in addition to any expenditure by a national committee 

26 of a political party serving as the principal campaign comVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00535 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
536 

HR 1 PCS

1 mittee of a candidate for the office of President of the 

2 United States.’’. 

3 (b) CONFORMING AMENDMENTS RELATING TO TIM4 ING OF COST-OF-LIVING ADJUSTMENT.— 

5 (1) IN GENERAL.—Section 315(c)(1) of such 

6 Act (52 U.S.C. 30116(c)(1)) is amended— 

7 (A) in subparagraph (B), by striking ‘‘(d)’’ 

8 and inserting ‘‘(d)(2)’’; and 

9 (B) by adding at the end the following new 

10 subparagraph: 

11 ‘‘(D) In any calendar year after 2028— 

12 ‘‘(i) the dollar amount in subsection (d)(2) shall 

13 be increased by the percent difference determined 

14 under subparagraph (A); 

15 ‘‘(ii) the amount so increased shall remain in 

16 effect for the calendar year; and 

17 ‘‘(iii) if the amount after adjustment under 

18 clause (i) is not a multiple of $100, such amount 

19 shall be rounded to the nearest multiple of $100.’’. 

20 (2) BASE YEAR.—Section 315(c)(2)(B) of such 

21 Act (52 U.S.C. 30116(c)(2)(B)) is amended— 

22 (A) in clause (i)— 

23 (i) by striking ‘‘(d)’’ and inserting 

24 ‘‘(d)(3)’’; and 

25 (ii) by striking ‘‘and’’ at the end; 


kjohnson on DSK79L0C42 with BILLS
537 

HR 1 PCS

1 (B) in clause (ii), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

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

4 clause: 

5 ‘‘(iii) for purposes of subsection (d)(2), cal6 endar year 2027.’’. 

7 SEC. 5215. ESTABLISHMENT OF UNIFORM DATE FOR RE8 LEASE OF PAYMENTS. 

9 (a) DATE FOR PAYMENTS.— 

10 (1) IN GENERAL.—Section 9006(b) of the In11 ternal Revenue Code of 1986 is amended to read as 

12 follows: 

13 ‘‘(b) PAYMENTS FROM THE FUND.—If the Secretary 

14 of the Treasury receives a certification from the Commis15 sion under section 9005 for payment to the eligible can16 didates of a political party, the Secretary shall pay to such 

17 candidates out of the fund the amount certified by the 

18 Commission on the later of— 

19 ‘‘(1) the last Friday occurring before the first 

20 Monday in September; or 

21 ‘‘(2) 24 hours after receiving the certifications 

22 for the eligible candidates of all major political par23 ties. 

24 Amounts paid to any such candidates shall be under the 

25 control of such candidates.’’. 


kjohnson on DSK79L0C42 with BILLS
538 

HR 1 PCS

1 (2) CONFORMING AMENDMENT.—The first sen2 tence of section 9006(c) of such Code is amended by 

3 striking ‘‘the time of a certification by the Commis4 sion under section 9005 for payment’’ and inserting 

5 ‘‘the time of making a payment under subsection 

6 (b)’’. 

7 (b) TIME FOR CERTIFICATION.—Section 9005(a) of 

8 the Internal Revenue Code of 1986 is amended by striking 

9 ‘‘10 days’’ and inserting ‘‘24 hours’’. 

10 SEC. 5216. AMOUNTS IN PRESIDENTIAL ELECTION CAM11 PAIGN FUND. 

12 Section 9006(c) of the Internal Revenue Code of 

13 1986 is amended by adding at the end the following new 

14 sentence: ‘‘In making a determination of whether there are 

15 insufficient moneys in the fund for purposes of the pre16 vious sentence, the Secretary shall take into account in 

17 determining the balance of the fund for a Presidential 

18 election year the Secretary’s best estimate of the amount 

19 of moneys which will be deposited into the fund during 

20 the year, except that the amount of the estimate may not 

21 exceed the average of the annual amounts deposited in the 

22 fund during the previous 3 years.’’. 


kjohnson on DSK79L0C42 with BILLS
539 

HR 1 PCS

1 SEC. 5217. USE OF GENERAL ELECTION PAYMENTS FOR 

2 GENERAL ELECTION LEGAL AND ACCOUNT3 ING COMPLIANCE. 

4 Section 9002(11) of the Internal Revenue Code of 

5 1986 is amended by adding at the end the following new 

6 sentence: ‘‘For purposes of subparagraph (A), an expense 

7 incurred by a candidate or authorized committee for gen8 eral election legal and accounting compliance purposes 

9 shall be considered to be an expense to further the election 

10 of such candidate.’’. 

11 SEC. 5218. USE OF FREEDOM FROM INFLUENCE FUND AS 

12 SOURCE OF PAYMENTS. 

13 (a) IN GENERAL.—Chapter 95 of subtitle H of the 

14 Internal Revenue Code of 1986 is amended by adding at 

15 the end the following new section: 

16 ‘‘SEC. 9013. USE OF FREEDOM FROM INFLUENCE FUND AS 

17 SOURCE OF PAYMENTS. 

18 ‘‘(a) IN GENERAL.—Notwithstanding any other pro19 vision of this chapter, effective with respect to the Presi20 dential election held in 2028 and each succeeding Presi21 dential election, all payments made under this chapter 

22 shall be made from the Freedom From Influence Fund 

23 established under section 541 of the Federal Election 

24 Campaign Act of 1971. 

25 ‘‘(b) MANDATORY REDUCTION OF PAYMENTS IN

26 CASE OF INSUFFICIENT AMOUNTS IN FUND.— 


kjohnson on DSK79L0C42 with BILLS
540 

HR 1 PCS

1 ‘‘(1) ADVANCE AUDITS BY COMMISSION.—Not 

2 later than 90 days before the first day of each Presi3 dential election cycle (beginning with the cycle for 

4 the election held in 2028), the Commission shall— 

5 ‘‘(A) audit the Fund to determine whether, 

6 after first making payments to participating 

7 candidates under title V of the Federal Election 

8 Campaign Act of 1971 and then making pay9 ments to States under the My Voice Voucher 

10 Program under the Government By the People 

11 Act of 2019 and then making payments to can12 didates under chapter 96, the amounts remain13 ing in the Fund will be sufficient to make pay14 ments to candidates under this chapter in the 

15 amounts provided under this chapter during 

16 such election cycle; and 

17 ‘‘(B) submit a report to Congress describ18 ing the results of the audit. 

19 ‘‘(2) REDUCTIONS IN AMOUNT OF PAYMENTS.— 

20 ‘‘(A) AUTOMATIC REDUCTION ON PRO

21 RATA BASIS.—If, on the basis of the audit de22 scribed in paragraph (1), the Commission deter23 mines that the amount anticipated to be avail24 able in the Fund with respect to the Presi25 dential election cycle involved is not, or may not 


kjohnson on DSK79L0C42 with BILLS
541 

HR 1 PCS

1 be, sufficient to satisfy the full entitlements of 

2 candidates to payments under this chapter for 

3 such cycle, the Commission shall reduce each 

4 amount which would otherwise be paid to a can5 didate under this chapter by such pro rata 

6 amount as may be necessary to ensure that the 

7 aggregate amount of payments anticipated to 

8 be made with respect to the cycle will not ex9 ceed the amount anticipated to be available for 

10 such payments in the Fund with respect to such 

11 cycle. 

12 ‘‘(B) RESTORATION OF REDUCTIONS IN

13 CASE OF AVAILABILITY OF SUFFICIENT FUNDS

14 DURING ELECTION CYCLE.—If, after reducing 

15 the amounts paid to candidates with respect to 

16 an election cycle under subparagraph (A), the 

17 Commission determines that there are sufficient 

18 amounts in the Fund to restore the amount by 

19 which such payments were reduced (or any por20 tion thereof), to the extent that such amounts 

21 are available, the Commission may make a pay22 ment on a pro rata basis to each such candidate 

23 with respect to the election cycle in the amount 

24 by which such candidate’s payments were reVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00541 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
542 

HR 1 PCS

1 duced under subparagraph (A) (or any portion 

2 thereof, as the case may be). 

3 ‘‘(C) NO USE OF AMOUNTS FROM OTHER

4 SOURCES.—In any case in which the Commis5 sion determines that there are insufficient mon6 eys in the Fund to make payments to can7 didates under this chapter, moneys shall not be 

8 made available from any other source for the 

9 purpose of making such payments. 

10 ‘‘(3) NO EFFECT ON AMOUNTS TRANSFERRED

11 FOR PEDIATRIC RESEARCH INITIATIVE.—This sec12 tion does not apply to the transfer of funds under 

13 section 9008(i). 

14 ‘‘(4) PRESIDENTIAL ELECTION CYCLE DE15 FINED.—In this section, the term ‘Presidential elec16 tion cycle’ means, with respect to a Presidential elec17 tion, the period beginning on the day after the date 

18 of the previous Presidential general election and 

19 ending on the date of the Presidential election.’’. 

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

21 for chapter 95 of subtitle H of such Code is amended by 

22 adding at the end the following new item: 

‘‘Sec. 9013. Use of Freedom From Influence Fund as source of payments.’’. 


kjohnson on DSK79L0C42 with BILLS
543 

HR 1 PCS

1 PART 3—EFFECTIVE DATE 

2 SEC. 5221. EFFECTIVE DATE. 

3 (a) IN GENERAL.—Except as otherwise provided, this 

4 subtitle and the amendments made by this subtitle shall 

5 apply with respect to the Presidential election held in 2028 

6 and each succeeding Presidential election, without regard 

7 to whether or not the Federal Election Commission has 

8 promulgated the final regulations necessary to carry out 

9 this part and the amendments made by this part by the 

10 deadline set forth in subsection (b). 

11 (b) DEADLINE FOR REGULATIONS.—Not later than 

12 June 30, 2026, the Federal Election Commission shall 

13 promulgate such regulations as may be necessary to carry 

14 out this part and the amendments made by this part. 

15 Subtitle D—Personal Use Services 

16 as Authorized Campaign Ex17 penditures 

18 SEC. 5301. SHORT TITLE; FINDINGS; PURPOSE. 

19 (a) SHORT TITLE.—This subtitle may be cited as the 

20 ‘‘Help America Run Act’’. 

21 (b) FINDINGS.—Congress finds the following: 

22 (1) Everyday Americans experience barriers to 

23 entry before they can consider running for office to 

24 serve their communities. 

25 (2) Current law states that campaign funds 

26 cannot be spent on everyday expenses that would 


kjohnson on DSK79L0C42 with BILLS
544 

HR 1 PCS

1 exist whether or not a candidate were running for 

2 office, like childcare and food. While the law seems 

3 neutral, its actual effect is to privilege the independ4 ently wealthy who want to run, because given the de5 mands of running for office, candidates who must 

6 work to pay for childcare or to afford health insur7 ance are effectively being left out of the process, 

8 even if they have sufficient support to mount a via9 ble campaign. 

10 (3) Thus current practice favors those prospec11 tive candidates who do not need to rely on a regular 

12 paycheck to make ends meet. The consequence is 

13 that everyday Americans who have firsthand knowl14 edge of the importance of stable childcare, a safety 

15 net, or great public schools are less likely to get a 

16 seat at the table. This governance by the few is anti17 thetical to the democratic experiment, but most im18 portantly, when lawmakers do not share the con19 cerns of everyday Americans, their policies reflect 

20 that. 

21 (4) These circumstances have contributed to a 

22 Congress that does not always reflect everyday 

23 Americans. The New York Times reported in 2019 

24 that fewer than 5 percent of representatives cite 

25 blue-collar or service jobs in their biographies. A 


kjohnson on DSK79L0C42 with BILLS
545 

HR 1 PCS

1 2015 survey by the Center for Responsive Politics 

2 showed that the median net worth of lawmakers was 

3 just over $1 million in 2013, or 18 times the wealth 

4 of the typical American household. 

5 (5) These circumstances have also contributed 

6 to a governing body that does not reflect the nation 

7 it serves. For instance, women are 51% of the 

8 American population. Yet even with a record number 

9 of women serving in the One Hundred Sixteenth 

10 Congress, the Pew Research Center notes that more 

11 than three out of four Members of this Congress are 

12 male. The Center for American Women And Politics 

13 found that one third of women legislators surveyed 

14 had been actively discouraged from running for of15 fice, often by political professionals. This type of dis16 couragement, combined with the prohibitions on 

17 using campaign funds for domestic needs like 

18 childcare, burdens that still fall disproportionately 

19 on American women, particularly disadvantages 

20 working mothers. These barriers may explain why 

21 only 10 women in history have given birth while 

22 serving in Congress, in spite of the prevalence of 

23 working parents in other professions. Yet working 

24 mothers and fathers are best positioned to create 


kjohnson on DSK79L0C42 with BILLS
546 

HR 1 PCS

1 policy that reflects the lived experience of most 

2 Americans. 

3 (6) Working mothers, those caring for their el4 derly parents, and young professionals who rely on 

5 their jobs for health insurance should have the free6 dom to run to serve the people of the United States. 

7 Their networks and net worth are simply not the 

8 best indicators of their strength as prospective pub9 lic servants. In fact, helping ordinary Americans to 

10 run may create better policy for all Americans. 

11 (c) PURPOSE.—It is the purpose of this subtitle to 

12 ensure that all Americans who are otherwise qualified to 

13 serve this Nation are able to run for office, regardless of 

14 their economic status. By expanding permissible uses of 

15 campaign funds and providing modest assurance that test16 ing a run for office will not cost one’s livelihood, the Help 

17 America Run Act will facilitate the candidacy of represent18 atives who more accurately reflect the experiences, chal19 lenges, and ideals of everyday Americans. 

20 SEC. 5302. TREATMENT OF PAYMENTS FOR CHILD CARE 

21 AND OTHER PERSONAL USE SERVICES AS AU22 THORIZED CAMPAIGN EXPENDITURE. 

23 (a) PERSONAL USE SERVICES AS AUTHORIZED CAM24 PAIGN EXPENDITURE.—Section 313 of the Federal Elec25 tion Campaign Act of 1971 (52 U.S.C. 30114), as amendVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00546 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
547 

HR 1 PCS

1 ed by section 5113, is amended by adding at the end the 

2 following new subsection: 

3 ‘‘(e) TREATMENT OF PAYMENTS FOR CHILD CARE

4 AND OTHER PERSONAL USE SERVICES AS AUTHORIZED

5 CAMPAIGN EXPENDITURE.— 

6 ‘‘(1) AUTHORIZED EXPENDITURES.—For pur7 poses of subsection (a), the payment by an author8 ized committee of a candidate for any of the per9 sonal use services described in paragraph (3) shall 

10 be treated as an authorized expenditure if the serv11 ices are necessary to enable the participation of the 

12 candidate in campaign-connected activities. 

13 ‘‘(2) LIMITATIONS.— 

14 ‘‘(A) LIMIT ON TOTAL AMOUNT OF PAY15 MENTS.—The total amount of payments made 

16 by an authorized committee of a candidate for 

17 personal use services described in paragraph (3) 

18 may not exceed the limit which is applicable 

19 under any law, rule, or regulation on the 

20 amount of payments which may be made by the 

21 committee for the salary of the candidate (with22 out regard to whether or not the committee 

23 makes payments to the candidate for that pur24 pose). 


kjohnson on DSK79L0C42 with BILLS
548 

HR 1 PCS

1 ‘‘(B) CORRESPONDING REDUCTION IN

2 AMOUNT OF SALARY PAID TO CANDIDATE.—To 

3 the extent that an authorized committee of a 

4 candidate makes payments for the salary of the 

5 candidate, any limit on the amount of such pay6 ments which is applicable under any law, rule, 

7 or regulation shall be reduced by the amount of 

8 any payments made to or on behalf of the can9 didate for personal use services described in 

10 paragraph (3), other than personal use services 

11 described in subparagraph (E) of such para12 graph. 

13 ‘‘(C) EXCLUSION OF CANDIDATES WHO

14 ARE OFFICEHOLDERS.—Paragraph (1) does not 

15 apply with respect to an authorized committee 

16 of a candidate who is a holder of Federal office. 

17 ‘‘(3) PERSONAL USE SERVICES DESCRIBED.— 

18 The personal use services described in this para19 graph are as follows: 

20 ‘‘(A) Child care services. 

21 ‘‘(B) Elder care services. 

22 ‘‘(C) Services similar to the services de23 scribed in subparagraph (A) or subparagraph 

24 (B) which are provided on behalf of any deVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00548 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
549 

HR 1 PCS

1 pendent who is a qualifying relative under sec2 tion 152 of the Internal Revenue Code of 1986. 

3 ‘‘(D) Health insurance premiums.’’. 

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

5 this section shall take effect on the date of the enactment 

6 of this Act. 

7 Subtitle E—Empowering Small 

8 Dollar Donations 

9 SEC. 5401. PERMITTING POLITICAL PARTY COMMITTEES TO 

10 PROVIDE ENHANCED SUPPORT FOR CAN11 DIDATES THROUGH USE OF SEPARATE 

12 SMALL DOLLAR ACCOUNTS. 

13 (a) INCREASE IN LIMIT ON CONTRIBUTIONS TO CAN14 DIDATES.—Section 315(a)(2)(A) of the Federal Election 

15 Campaign Act of 1971 (52 U.S.C. 30116(a)(2)(A)) is 

16 amended by striking ‘‘exceed $5,000’’ and inserting ‘‘ex17 ceed $5,000 or, in the case of a contribution made by a 

18 national committee of a political party from an account 

19 described in paragraph (11), exceed $10,000’’. 

20 (b) ELIMINATION OF LIMIT ON COORDINATED EX21 PENDITURES.—Section 315(d)(5) of such Act (52 U.S.C. 

22 30116(d)(5)) is amended by striking ‘‘subsection (a)(9)’’ 

23 and inserting ‘‘subsection (a)(9) or subsection (a)(11)’’. 

24 (c) ACCOUNTS DESCRIBED.—Section 315(a) of such 

25 Act (52 U.S.C. 30116(a)), as amended by section 5112(a), 


kjohnson on DSK79L0C42 with BILLS
550 

HR 1 PCS

1 is amended by adding at the end the following new para2 graph: 

3 ‘‘(11) An account described in this paragraph is a 

4 separate, segregated account of a national committee of 

5 a political party (including a national congressional cam6 paign committee of a political party) consisting exclusively 

7 of contributions made during a calendar year by individ8 uals whose aggregate contributions to the committee dur9 ing the year do not exceed $200.’’. 

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

11 this section shall apply with respect to elections held on 

12 or after the date of the enactment of this Act. 

13 Subtitle F—Severability 

14 SEC. 5501. 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 VI—CAMPAIGN FINANCE 

23 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. 


kjohnson on DSK79L0C42 with BILLS
551 

HR 1 PCS

Sec. 6004. Revision to enforcement process. 

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

by persons opposing the requests. 

Sec. 6006. Permanent extension of administrative penalty authority. 

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

Sec. 6008. Restrictions on ex parte communications. 

Sec. 6009. Clarifying Authority of FEC Attorneys to Represent FEC in Supreme Court. 

Sec. 6010. Effective date; transition. 

Subtitle B—Stopping Super PAC-Candidate Coordination 

Sec. 6101. Short title. 

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

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

Subtitle C—Disposal of Contributions or Donations 

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

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

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

Election 

Sec. 6301. Recommendations to Ensure Filing of Reports Before Date of Election. 

Subtitle E—Severability 

Sec. 6401. Severability. 

1 Subtitle A—Restoring Integrity to 

2 America’s Elections 

3 SEC. 6001. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Restoring Integrity 

5 to America’s Elections Act’’. 

6 SEC. 6002. MEMBERSHIP OF FEDERAL ELECTION COMMIS7 SION. 

8 (a) REDUCTION IN NUMBER OF MEMBERS; REMOVAL

9 OF SECRETARY OF SENATE AND CLERK OF HOUSE AS

10 EX OFFICIO MEMBERS.— 


kjohnson on DSK79L0C42 with BILLS
552 

HR 1 PCS

1 (1) IN GENERAL; QUORUM.—Section 306(a)(1) 

2 of the Federal Election Campaign Act of 1971 (52 

3 U.S.C. 30106(a)(1)) is amended by striking the sec4 ond and third sentences and inserting the following: 

5 ‘‘The Commission is composed of 5 members ap6 pointed by the President by and with the advice and 

7 consent of the Senate, of whom no more than 2 may 

8 be affiliated with the same political party. A member 

9 shall by treated as affiliated with a political party if 

10 the member was affiliated, including as a registered 

11 voter, employee, consultant, donor, officer, or attor12 ney, with such political party or any of its can13 didates or elected public officials at any time during 

14 the 5-year period ending on the date on which such 

15 individual is nominated to be a member of the Com16 mission. A majority of the number of members of 

17 the Commission who are serving at the time shall 

18 constitute a quorum, except that 3 members shall 

19 constitute a quorum if there are 4 members serving 

20 at the time.’’. 

21 (2) CONFORMING AMENDMENTS RELATING TO

22 REDUCTION IN NUMBER OF MEMBERS.—(A) The 

23 second sentence of section 306(c) of such Act (52 

24 U.S.C. 30106(c)) is amended by striking ‘‘affirma25 tive vote of 4 members of the Commission’’ and inVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00552 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
553 

HR 1 PCS

1 serting ‘‘affirmative vote of a majority of the mem2 bers of the Commission who are serving at the 

3 time’’. 

4 (B) Such Act is further amended by striking 

5 ‘‘affirmative vote of 4 of its members’’ and inserting 

6 ‘‘affirmative vote of a majority of the members of 

7 the Commission who are serving at the time’’ each 

8 place it appears in the following sections: 

9 (i) Section 309(a)(2) (52 U.S.C. 

10 30109(a)(2)). 

11 (ii) Section 309(a)(4)(A)(i) (52 U.S.C. 

12 30109(a)(4)(A)(i)). 

13 (iii) Section 309(a)(5)(C) (52 U.S.C. 

14 30109(a)(5)(C)). 

15 (iv) Section 309(a)(6)(A) (52 U.S.C. 

16 30109(a)(6)(A)). 

17 (v) Section 311(b) (52 U.S.C. 30111(b)). 

18 (3) CONFORMING AMENDMENT RELATING TO

19 REMOVAL OF EX OFFICIO MEMBERS.—Section 

20 306(a) of such Act (52 U.S.C. 30106(a)) is amend21 ed by striking ‘‘(other than the Secretary of the Sen22 ate and the Clerk of the House of Representatives)’’ 

23 each place it appears in paragraphs (4) and (5). 


kjohnson on DSK79L0C42 with BILLS
554 

HR 1 PCS

1 (b) TERMS OF SERVICE.—Section 306(a)(2) of such 

2 Act (52 U.S.C. 30106(a)(2)) is amended to read as fol3 lows: 

4 ‘‘(2) TERMS OF SERVICE.— 

5 ‘‘(A) IN GENERAL.—Each member of the 

6 Commission shall serve for a single term of 6 

7 years. 

8 ‘‘(B) SPECIAL RULE FOR INITIAL APPOINT9 MENTS.—Of the members first appointed to 

10 serve terms that begin in January 2022, the 

11 President shall designate 2 to serve for a 3-year 

12 term. 

13 ‘‘(C) NO REAPPOINTMENT PERMITTED.— 

14 An individual who served a term as a member 

15 of the Commission may not serve for an addi16 tional term, except that— 

17 ‘‘(i) an individual who served a 3-year 

18 term under subparagraph (B) may also be 

19 appointed to serve a 6-year term under 

20 subparagraph (A); and 

21 ‘‘(ii) for purposes of this subpara22 graph, an individual who is appointed to 

23 fill a vacancy under subparagraph (D) 

24 shall not be considered to have served a 

25 term if the portion of the unexpired term 


kjohnson on DSK79L0C42 with BILLS
555 

HR 1 PCS

1 the individual fills is less than 50 percent 

2 of the period of the term. 

3 ‘‘(D) VACANCIES.—Any vacancy occurring 

4 in the membership of the Commission shall be 

5 filled in the same manner as in the case of the 

6 original appointment. Except as provided in 

7 subparagraph (C), an individual appointed to 

8 fill a vacancy occurring other than by the expi9 ration of a term of office shall be appointed 

10 only for the unexpired term of the member he 

11 or she succeeds. 

12 ‘‘(E) LIMITATION ON SERVICE AFTER EX13 PIRATION OF TERM.—A member of the Com14 mission may continue to serve on the Commis15 sion after the expiration of the member’s term 

16 for an additional period, but only until the ear17 lier of— 

18 ‘‘(i) the date on which the member’s 

19 successor has taken office as a member of 

20 the Commission; or 

21 ‘‘(ii) the expiration of the 1-year pe22 riod that begins on the last day of the 

23 member’s term.’’. 

24 (c) QUALIFICATIONS.—Section 306(a)(3) of such Act 

25 (52 U.S.C. 30106(a)(3)) is amended to read as follows: 


kjohnson on DSK79L0C42 with BILLS
556 

HR 1 PCS

1 ‘‘(3) QUALIFICATIONS.— 

2 ‘‘(A) IN GENERAL.—The President may 

3 select an individual for service as a member of 

4 the Commission if the individual has experience 

5 in election law and has a demonstrated record 

6 of integrity, impartiality, and good judgment. 

7 ‘‘(B) ASSISTANCE OF BLUE RIBBON ADVI8 SORY PANEL.— 

9 ‘‘(i) IN GENERAL.—Prior to the regu10 larly scheduled expiration of the term of a 

11 member of the Commission and upon the 

12 occurrence of a vacancy in the membership 

13 of the Commission prior to the expiration 

14 of a term, the President shall convene a 

15 Blue Ribbon Advisory Panel, that includes 

16 individuals representing each major polit17 ical party and individuals who are inde18 pendent of a political party and that con19 sists of an odd number of individuals se20 lected by the President from retired Fed21 eral judges, former law enforcement offi22 cials, or individuals with experience in elec23 tion law, except that the President may not 

24 select any individual to serve on the panel 

25 who holds any public office at the time of 


kjohnson on DSK79L0C42 with BILLS
557 

HR 1 PCS

1 selection. The President shall also make 

2 reasonable efforts to encourage racial, eth3 nic, and gender diversity on the panel. 

4 ‘‘(ii) RECOMMENDATIONS.—With re5 spect to each member of the Commission 

6 whose term is expiring or each vacancy in 

7 the membership of the Commission (as the 

8 case may be), the Blue Ribbon Advisory 

9 Panel shall recommend to the President at 

10 least one but not more than 3 individuals 

11 for nomination for appointment as a mem12 ber of the Commission. 

13 ‘‘(iii) PUBLICATION.—At the time the 

14 President submits to the Senate the nomi15 nations for individuals to be appointed as 

16 members of the Commission, the President 

17 shall publish the Blue Ribbon Advisory 

18 Panel’s recommendations for such nomina19 tions. 

20 ‘‘(iv) EXEMPTION FROM FEDERAL AD21 VISORY COMMITTEE ACT.—The Federal 

22 Advisory Committee Act (5 U.S.C. App.) 

23 does not apply to a Blue Ribbon Advisory 

24 Panel convened under this subparagraph. 


kjohnson on DSK79L0C42 with BILLS
558 

HR 1 PCS

1 ‘‘(C) PROHIBITING ENGAGEMENT WITH

2 OTHER BUSINESS OR EMPLOYMENT DURING

3 SERVICE.—A member of the Commission shall 

4 not engage in any other business, vocation, or 

5 employment. Any individual who is engaging in 

6 any other business, vocation, or employment at 

7 the time of his or her appointment to the Com8 mission shall terminate or liquidate such activ9 ity no later than 90 days after such appoint10 ment.’’. 

11 SEC. 6003. ASSIGNMENT OF POWERS TO CHAIR OF FED12 ERAL ELECTION COMMISSION. 

13 (a) APPOINTMENT OF CHAIR BY PRESIDENT.— 

14 (1) IN GENERAL.—Section 306(a)(5) of the 

15 Federal Election Campaign Act of 1971 (52 U.S.C. 

16 30106(a)(5)) is amended to read as follows: 

17 ‘‘(5) CHAIR.— 

18 ‘‘(A) INITIAL APPOINTMENT.—Of the 

19 members first appointed to serve terms that 

20 begin in January 2022, one such member (as 

21 designated by the President at the time the 

22 President submits nominations to the Senate) 

23 shall serve as Chair of the Commission. 

24 ‘‘(B) SUBSEQUENT APPOINTMENTS.—Any 

25 individual who is appointed to succeed the 


kjohnson on DSK79L0C42 with BILLS
559 

HR 1 PCS

1 member who serves as Chair of the Commission 

2 for the term beginning in January 2022 (as 

3 well as any individual who is appointed to fill 

4 a vacancy if such member does not serve a full 

5 term as Chair) shall serve as Chair of the Com6 mission. 

7 ‘‘(C) VICE CHAIR.—The Commission shall 

8 select, by majority vote of its members, one of 

9 its members to serve as Vice Chair, who shall 

10 act as Chair in the absence or disability of the 

11 Chair or in the event of a vacancy in the posi12 tion of Chair.’’. 

13 (2) CONFORMING AMENDMENT.—Section 

14 309(a)(2) of such Act (52 U.S.C. 30109(a)(2)) is 

15 amended by striking ‘‘through its chairman or vice 

16 chairman’’ and inserting ‘‘through the Chair’’. 

17 (b) POWERS.— 

18 (1) ASSIGNMENT OF CERTAIN POWERS TO

19 CHAIR.—Section 307(a) of such Act (52 U.S.C. 

20 30107(a)) is amended to read as follows: 

21 ‘‘(a) DISTRIBUTION OF POWERS BETWEEN CHAIR

22 AND COMMISSION.— 

23 ‘‘(1) POWERS ASSIGNED TO CHAIR.— 

24 ‘‘(A) ADMINISTRATIVE POWERS.—The 

25 Chair of the Commission shall be the chief adVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00559 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
560 

HR 1 PCS

1 ministrative officer of the Commission and shall 

2 have the authority to administer the Commis3 sion and its staff, and (in consultation with the 

4 other members of the Commission) shall have 

5 the power— 

6 ‘‘(i) to appoint and remove the staff 

7 director of the Commission; 

8 ‘‘(ii) to request the assistance (includ9 ing personnel and facilities) of other agen10 cies and departments of the United States, 

11 whose heads may make such assistance 

12 available to the Commission with or with13 out reimbursement; and 

14 ‘‘(iii) to prepare and establish the 

15 budget of the Commission and to make 

16 budget requests to the President, the Di17 rector of the Office of Management and 

18 Budget, and Congress. 

19 ‘‘(B) OTHER POWERS.—The Chair of the 

20 Commission shall have the power— 

21 ‘‘(i) to appoint and remove the gen22 eral counsel of the Commission with the 

23 concurrence of at least 2 other members of 

24 the Commission; 


kjohnson on DSK79L0C42 with BILLS
561 

HR 1 PCS

1 ‘‘(ii) to require by special or general 

2 orders, any person to submit, under oath, 

3 such written reports and answers to ques4 tions as the Chair may prescribe; 

5 ‘‘(iii) to administer oaths or affirma6 tions; 

7 ‘‘(iv) to require by subpoena, signed 

8 by the Chair, the attendance and testimony 

9 of witnesses and the production of all doc10 umentary evidence relating to the execu11 tion of its duties; 

12 ‘‘(v) in any proceeding or investiga13 tion, to order testimony to be taken by 

14 deposition before any person who is des15 ignated by the Chair, and shall have the 

16 power to administer oaths and, in such in17 stances, to compel testimony and the pro18 duction of evidence in the same manner as 

19 authorized under clause (iv); and 

20 ‘‘(vi) to pay witnesses the same fees 

21 and mileage as are paid in like cir22 cumstances in the courts of the United 

23 States. 

24 ‘‘(2) POWERS ASSIGNED TO COMMISSION.—The 

25 Commission shall have the power— 


kjohnson on DSK79L0C42 with BILLS
562 

HR 1 PCS

1 ‘‘(A) to initiate (through civil actions for 

2 injunctive, declaratory, or other appropriate re3 lief), defend (in the case of any civil action 

4 brought under section 309(a)(8) of this Act) or 

5 appeal (including a proceeding before the Su6 preme Court on certiorari) any civil action in 

7 the name of the Commission to enforce the pro8 visions of this Act and chapter 95 and chapter 

9 96 of the Internal Revenue Code of 1986, 

10 through its general counsel; 

11 ‘‘(B) to render advisory opinions under 

12 section 308 of this Act; 

13 ‘‘(C) to develop such prescribed forms and 

14 to make, amend, and repeal such rules, pursu15 ant to the provisions of chapter 5 of title 5, 

16 United States Code, as are necessary to carry 

17 out the provisions of this Act and chapter 95 

18 and chapter 96 of the Internal Revenue Code of 

19 1986; 

20 ‘‘(D) to conduct investigations and hear21 ings expeditiously, to encourage voluntary com22 pliance, and to report apparent violations to the 

23 appropriate law enforcement authorities; and 

24 ‘‘(E) to transmit to the President and Con25 gress not later than June 1 of each year a reVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00562 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
563 

HR 1 PCS

1 port which states in detail the activities of the 

2 Commission in carrying out its duties under 

3 this Act, and which includes any recommenda4 tions for any legislative or other action the 

5 Commission considers appropriate. 

6 ‘‘(3) PERMITTING COMMISSION TO EXERCISE

7 OTHER POWERS OF CHAIR.—With respect to any in8 vestigation, action, or proceeding, the Commission, 

9 by an affirmative vote of a majority of the members 

10 who are serving at the time, may exercise any of the 

11 powers of the Chair described in paragraph (1)(B).’’. 

12 (2) CONFORMING AMENDMENTS RELATING TO

13 PERSONNEL AUTHORITY.—Section 306(f) of such 

14 Act (52 U.S.C. 30106(f)) is amended— 

15 (A) by amending the first sentence of 

16 paragraph (1) to read as follows: ‘‘The Com17 mission shall have a staff director who shall be 

18 appointed by the Chair of the Commission in 

19 consultation with the other members and a gen20 eral counsel who shall be appointed by the 

21 Chair with the concurrence of at least two other 

22 members.’’; 

23 (B) in paragraph (2), by striking ‘‘With 

24 the approval of the Commission’’ and inserting 


kjohnson on DSK79L0C42 with BILLS
564 

HR 1 PCS

1 ‘‘With the approval of the Chair of the Commis2 sion’’; and 

3 (C) by striking paragraph (3). 

4 (3) CONFORMING AMENDMENT RELATING TO

5 BUDGET SUBMISSION.—Section 307(d)(1) of such 

6 Act (52 U.S.C. 30107(d)(1)) is amended by striking 

7 ‘‘the Commission submits any budget’’ and inserting 

8 ‘‘the Chair (or, pursuant to subsection (a)(3), the 

9 Commission) submits any budget’’. 

10 (4) OTHER CONFORMING AMENDMENTS.—Sec11 tion 306(c) of such Act (52 U.S.C. 30106(c)) is 

12 amended by striking ‘‘All decisions’’ and inserting 

13 ‘‘Subject to section 307(a), all decisions’’. 

14 (5) TECHNICAL AMENDMENT.—The heading of 

15 section 307 of such Act (52 U.S.C. 30107) is 

16 amended by striking ‘‘THE COMMISSION’’ and insert17 ing ‘‘THE CHAIR AND THE COMMISSION’’. 

18 SEC. 6004. REVISION TO ENFORCEMENT PROCESS. 

19 (a) STANDARD FOR INITIATING INVESTIGATIONS AND

20 DETERMINING WHETHER VIOLATIONS HAVE OC21 CURRED.— 

22 (1) REVISION OF STANDARDS.—Section 309(a) 

23 of the Federal Election Campaign Act of 1971 (52 

24 U.S.C. 30109(a)) is amended by striking paragraphs 

25 (2) and (3) and inserting the following: 


kjohnson on DSK79L0C42 with BILLS
565 

HR 1 PCS

1 ‘‘(2)(A) The general counsel, upon receiving a com2 plaint filed with the Commission under paragraph (1) or 

3 upon the basis of information ascertained by the Commis4 sion in the normal course of carrying out its supervisory 

5 responsibilities, shall make a determination as to whether 

6 or not there is reason to believe that a person has com7 mitted, or is about to commit, a violation of this Act or 

8 chapter 95 or chapter 96 of the Internal Revenue Code 

9 of 1986, and as to whether or not the Commission should 

10 either initiate an investigation of the matter or that the 

11 complaint should be dismissed. The general counsel shall 

12 promptly provide notification to the Commission of such 

13 determination and the reasons therefore, together with 

14 any written response submitted under paragraph (1) by 

15 the person alleged to have committed the violation. Upon 

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

17 date the general counsel provides such notification, the 

18 general counsel’s determination shall take effect, unless 

19 during such 30-day period the Commission, by vote of a 

20 majority of the members of the Commission who are serv21 ing at the time, overrules the general counsel’s determina22 tion. If the determination by the general counsel that the 

23 Commission should investigate the matter takes effect, or 

24 if the determination by the general counsel that the com25 plaint should be dismissed is overruled as provided under 


kjohnson on DSK79L0C42 with BILLS
566 

HR 1 PCS

1 the previous sentence, the general counsel shall initiate an 

2 investigation of the matter on behalf of the Commission. 

3 ‘‘(B) If the Commission initiates an investigation 

4 pursuant to subparagraph (A), the Commission, through 

5 the Chair, shall notify the subject of the investigation of 

6 the alleged violation. Such notification shall set forth the 

7 factual basis for such alleged violation. The Commission 

8 shall make an investigation of such alleged violation, which 

9 may include a field investigation or audit, in accordance 

10 with the provisions of this section. The general counsel 

11 shall provide notification to the Commission of any intent 

12 to issue a subpoena or conduct any other form of discovery 

13 pursuant to the investigation. Upon the expiration of the 

14 15-day period which begins on the date the general counsel 

15 provides such notification, the general counsel may issue 

16 the subpoena or conduct the discovery, unless during such 

17 15-day period the Commission, by vote of a majority of 

18 the members of the Commission who are serving at the 

19 time, prohibits the general counsel from issuing the sub20 poena or conducting the discovery. 

21 ‘‘(3)(A) Upon completion of an investigation under 

22 paragraph (2), the general counsel shall promptly submit 

23 to the Commission the general counsel’s recommendation 

24 that the Commission find either that there is probable 

25 cause or that there is not probable cause to believe that 


kjohnson on DSK79L0C42 with BILLS
567 

HR 1 PCS

1 a person has committed, or is about to commit, a violation 

2 of this Act or chapter 95 or chapter 96 of the Internal 

3 Revenue Code of 1986, and shall include with the rec4 ommendation a brief stating the position of the general 

5 counsel on the legal and factual issues of the case. 

6 ‘‘(B) At the time the general counsel submits to the 

7 Commission the recommendation under subparagraph (A), 

8 the general counsel shall simultaneously notify the re9 spondent of such recommendation and the reasons there10 fore, shall provide the respondent with an opportunity to 

11 submit a brief within 30 days stating the position of the 

12 respondent on the legal and factual issues of the case and 

13 replying to the brief of the general counsel. The general 

14 counsel and shall promptly submit such brief to the Com15 mission upon receipt. 

16 ‘‘(C) Not later than 30 days after the general counsel 

17 submits the recommendation to the Commission under 

18 subparagraph (A) (or, if the respondent submits a brief 

19 under subparagraph (B), not later than 30 days after the 

20 general counsel submits the respondent’s brief to the Com21 mission under such subparagraph), the Commission shall 

22 approve or disapprove the recommendation by vote of a 

23 majority of the members of the Commission who are serv24 ing at the time.’’. 


kjohnson on DSK79L0C42 with BILLS
568 

HR 1 PCS

1 (2) CONFORMING AMENDMENT RELATING TO

2 INITIAL RESPONSE TO FILING OF COMPLAINT.—Sec3 tion 309(a)(1) of such Act (52 U.S.C. 30109(a)(1)) 

4 is amended— 

5 (A) in the third sentence, by striking ‘‘the 

6 Commission’’ and inserting ‘‘the general coun7 sel’’; and 

8 (B) by amending the fourth sentence to 

9 read as follows: ‘‘Not later than 15 days after 

10 receiving notice from the general counsel under 

11 the previous sentence, the person may provide 

12 the general counsel with a written response that 

13 no action should be taken against such person 

14 on the basis of the complaint.’’. 

15 (b) REVISION OF STANDARD FOR REVIEW OF DIS16 MISSAL OF COMPLAINTS.— 

17 (1) IN GENERAL.—Section 309(a)(8) of such 

18 Act (52 U.S.C. 30109(a)(8)) is amended to read as 

19 follows: 

20 ‘‘(8)(A)(i) Any party aggrieved by an order of the 

21 Commission dismissing a complaint filed by such party 

22 after finding either no reason to believe a violation has 

23 occurred or no probable cause a violation has occurred 

24 may file a petition with the United States District Court 

25 for the District of Columbia. Any petition under this subVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00568 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
569 

HR 1 PCS

1 paragraph shall be filed within 60 days after the date on 

2 which the party received notice of the dismissal of the 

3 complaint. 

4 ‘‘(ii) In any proceeding under this subparagraph, the 

5 court shall determine by de novo review whether the agen6 cy’s dismissal of the complaint is contrary to law. In any 

7 matter in which the penalty for the alleged violation is 

8 greater than $50,000, the court should disregard any 

9 claim or defense by the Commission of prosecutorial dis10 cretion as a basis for dismissing the complaint. 

11 ‘‘(B)(i) Any party who has filed a complaint with the 

12 Commission and who is aggrieved by a failure of the Com13 mission, within one year after the filing of the complaint, 

14 to either dismiss the complaint or to find reason to believe 

15 a violation has occurred or is about to occur, may file a 

16 petition with the United States District Court for the Dis17 trict of Columbia. 

18 ‘‘(ii) In any proceeding under this subparagraph, the 

19 court shall treat the failure to act on the complaint as 

20 a dismissal of the complaint, and shall determine by de 

21 novo review whether the agency’s failure to act on the 

22 complaint is contrary to law. 

23 ‘‘(C) In any proceeding under this paragraph the 

24 court may declare that the dismissal of the complaint or 

25 the failure to act is contrary to law, and may direct the 


kjohnson on DSK79L0C42 with BILLS
570 

HR 1 PCS

1 Commission to conform with such declaration within 30 

2 days, failing which the complainant may bring, in the 

3 name of such complainant, a civil action to remedy the 

4 violation involved in the original complaint.’’. 

5 (2) EFFECTIVE DATE.—The amendments made 

6 by paragraph (1) shall apply— 

7 (A) in the case of complaints which are 

8 dismissed by the Federal Election Commission, 

9 with respect to complaints which are dismissed 

10 on or after the date of the enactment of this 

11 Act; and 

12 (B) in the case of complaints upon which 

13 the Federal Election Commission failed to act, 

14 with respect to complaints which were filed on 

15 or after the date of the enactment of this Act. 

16 SEC. 6005. PERMITTING APPEARANCE AT HEARINGS ON RE17 QUESTS FOR ADVISORY OPINIONS BY PER18 SONS OPPOSING THE REQUESTS. 

19 (a) IN GENERAL.—Section 308 of such Act (52 

20 U.S.C. 30108) is amended by adding at the end the fol21 lowing new subsection: 

22 ‘‘(e) To the extent that the Commission provides an 

23 opportunity for a person requesting an advisory opinion 

24 under this section (or counsel for such person) to appear 

25 before the Commission to present testimony in support of 


kjohnson on DSK79L0C42 with BILLS
571 

HR 1 PCS

1 the request, and the person (or counsel) accepts such op2 portunity, the Commission shall provide a reasonable op3 portunity for an interested party who submitted written 

4 comments under subsection (d) in response to the request 

5 (or counsel for such interested party) to appear before the 

6 Commission to present testimony in response to the re7 quest.’’. 

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

9 subsection (a) shall apply with respect to requests for advi10 sory opinions under section 308 of the Federal Election 

11 Campaign Act of 1971 which are made on or after the 

12 date of the enactment of this Act. 

13 SEC. 6006. PERMANENT EXTENSION OF ADMINISTRATIVE 

14 PENALTY AUTHORITY. 

15 (a) EXTENSION OF AUTHORITY.—Section 

16 309(a)(4)(C)(v) of the Federal Election Campaign Act of 

17 1971 (52 U.S.C. 30109(a)(4)(C)(v)), as amended by Pub18 lic Law 115–386, is amended by striking ‘‘, and that end 

19 on or before December 31, 2023’’. 

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

21 subsection (a) shall take effect on December 31, 2018. 

22 SEC. 6007. REQUIRING FORMS TO PERMIT USE OF ACCENT 

23 MARKS. 

24 (a) REQUIREMENT.—Section 311(a)(1) of the Fed25 eral Election Campaign Act of 1971 (52 U.S.C. 


kjohnson on DSK79L0C42 with BILLS
572 

HR 1 PCS

1 30111(a)(1)) is amended by striking the semicolon at the 

2 end and inserting the following: ‘‘, and shall ensure that 

3 all such forms (including forms in an electronic format) 

4 permit the person using the form to include an accent 

5 mark as part of the person’s identification;’’. 

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

7 subsection (a) shall take effect upon the expiration of the 

8 90-day period which begins on the date of the enactment 

9 of this Act. 

10 SEC. 6008. RESTRICTIONS ON EX PARTE COMMUNICATIONS. 

11 Section 306(e) of the Federal Election Campaign Act 

12 of 1971 (52 U.S.C. 30106(e)) is amended— 

13 (1) by striking ‘‘(e) The Commission’’ and in14 serting ‘‘(e)(1) The Commission’’; and 

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

16 paragraph: 

17 ‘‘(2) Members and employees of the Commission shall 

18 be subject to limitations on ex parte communications, as 

19 provided in the regulations promulgated by the Commis20 sion regarding such communications which are in effect 

21 on the date of the enactment of this paragraph.’’. 

22 SEC. 6009. CLARIFYING AUTHORITY OF FEC ATTORNEYS TO 

23 REPRESENT FEC IN SUPREME COURT. 

24 (a) CLARIFYING AUTHORITY.—Section 306(f)(4) of 

25 the Federal Election Campaign Act of 1971 (52 U.S.C. 


kjohnson on DSK79L0C42 with BILLS
573 

HR 1 PCS

1 30106(f)(4)) is amended by striking ‘‘any action instituted 

2 under this Act, either (A) by attorneys’’ and inserting 

3 ‘‘any action instituted under this Act, including an action 

4 before the Supreme Court of the United States, either (A) 

5 by the General Counsel of the Commission and other at6 torneys’’. 

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

8 paragraph (1) shall apply with respect to actions insti9 tuted before, on, or after the date of the enactment of 

10 this Act. 

11 SEC. 6010. EFFECTIVE DATE; TRANSITION. 

12 (a) IN GENERAL.—Except as otherwise provided, the 

13 amendments made by this subtitle shall apply beginning 

14 January 1, 2022. 

15 (b) TRANSITION.— 

16 (1) TERMINATION OF SERVICE OF CURRENT

17 MEMBERS.—Notwithstanding any provision of the 

18 Federal Election Campaign Act of 1971, the term of 

19 any individual serving as a member of the Federal 

20 Election Commission as of December 31, 2021, shall 

21 expire on that date. 

22 (2) NO EFFECT ON EXISTING CASES OR PRO23 CEEDINGS.—Nothing in this subtitle or in any 

24 amendment made by this subtitle shall affect any of 

25 the powers exercised by the Federal Election ComVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00573 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
574 

HR 1 PCS

1 mission prior to December 31, 2021, including any 

2 investigation initiated by the Commission prior to 

3 such date or any proceeding (including any enforce4 ment action) pending as of such date. 

5 Subtitle B—Stopping Super PAC6 Candidate Coordination 

7 SEC. 6101. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Stop Super PAC– 

9 Candidate Coordination Act’’. 

10 SEC. 6102. CLARIFICATION OF TREATMENT OF COORDI11 NATED EXPENDITURES AS CONTRIBUTIONS 

12 TO CANDIDATES. 

13 (a) TREATMENT AS CONTRIBUTION TO CAN14 DIDATE.—Section 301(8)(A) of the Federal Election Cam15 paign Act of 1971 (52 U.S.C. 30101(8)(A)) is amended— 

16 (1) by striking ‘‘or’’ at the end of clause (i); 

17 (2) by striking the period at the end of clause 

18 (ii) and inserting ‘‘; or’’; and 

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

20 clause: 

21 ‘‘(iii) any payment made by any person 

22 (other than a candidate, an authorized com23 mittee of a candidate, or a political committee 

24 of a political party) for a coordinated expendi25 ture (as such term is defined in section 326) 


kjohnson on DSK79L0C42 with BILLS
575 

HR 1 PCS

1 which is not otherwise treated as a contribution 

2 under clause (i) or clause (ii).’’. 

3 (b) DEFINITIONS.—Title III of such Act (52 U.S.C. 

4 30101 et seq.), as amended by section 4702(a), is amend5 ed by adding at the end the following new section: 

6 ‘‘SEC. 326. PAYMENTS FOR COORDINATED EXPENDITURES. 

7 ‘‘(a) COORDINATED EXPENDITURES.— 

8 ‘‘(1) IN GENERAL.—For purposes of section 

9 301(8)(A)(iii), the term ‘coordinated expenditure’ 

10 means— 

11 ‘‘(A) any expenditure, or any payment for 

12 a covered communication described in sub13 section (d), which is made in cooperation, con14 sultation, or concert with, or at the request or 

15 suggestion of, a candidate, an authorized com16 mittee of a candidate, a political committee of 

17 a political party, or agents of the candidate or 

18 committee, as defined in subsection (b); or 

19 ‘‘(B) any payment for any communication 

20 which republishes, disseminates, or distributes, 

21 in whole or in part, any video or broadcast or 

22 any written, graphic, or other form of campaign 

23 material prepared by the candidate or com24 mittee or by agents of the candidate or com25 mittee (including any excerpt or use of any 


kjohnson on DSK79L0C42 with BILLS
576 

HR 1 PCS

1 video from any such broadcast or written, 

2 graphic, or other form of campaign material). 

3 ‘‘(2) EXCEPTION FOR PAYMENTS FOR CERTAIN

4 COMMUNICATIONS.—A payment for a communication 

5 (including a covered communication described in 

6 subsection (d)) shall not be treated as a coordinated 

7 expenditure under this subsection if— 

8 ‘‘(A) the communication appears in a news 

9 story, commentary, or editorial distributed 

10 through the facilities of any broadcasting sta11 tion, newspaper, magazine, or other periodical 

12 publication, unless such facilities are owned or 

13 controlled by any political party, political com14 mittee, or candidate; or 

15 ‘‘(B) the communication constitutes a can16 didate debate or forum conducted pursuant to 

17 regulations adopted by the Commission pursu18 ant to section 304(f)(3)(B)(iii), or which solely 

19 promotes such a debate or forum and is made 

20 by or on behalf of the person sponsoring the de21 bate or forum. 

22 ‘‘(b) COORDINATION DESCRIBED.— 

23 ‘‘(1) IN GENERAL.—For purposes of this sec24 tion, a payment is made ‘in cooperation, consulta25 tion, or concert with, or at the request or suggestion 


kjohnson on DSK79L0C42 with BILLS
577 

HR 1 PCS

1 of,’ a candidate, an authorized committee of a can2 didate, a political committee of a political party, or 

3 agents of the candidate or committee, if the pay4 ment, or any communication for which the payment 

5 is made, is not made entirely independently of the 

6 candidate, committee, or agents. For purposes of the 

7 previous sentence, a payment or communication not 

8 made entirely independently of the candidate or 

9 committee includes any payment or communication 

10 made pursuant to any general or particular under11 standing with, or pursuant to any communication 

12 with, the candidate, committee, or agents about the 

13 payment or communication. 

14 ‘‘(2) NO FINDING OF COORDINATION BASED

15 SOLELY ON SHARING OF INFORMATION REGARDING

16 LEGISLATIVE OR POLICY POSITION.—For purposes 

17 of this section, a payment shall not be considered to 

18 be made by a person in cooperation, consultation, or 

19 concert with, or at the request or suggestion of, a 

20 candidate or committee, solely on the grounds that 

21 the person or the person’s agent engaged in discus22 sions with the candidate or committee, or with any 

23 agent of the candidate or committee, regarding that 

24 person’s position on a legislative or policy matter 

25 (including urging the candidate or committee to 


kjohnson on DSK79L0C42 with BILLS
578 

HR 1 PCS

1 adopt that person’s position), so long as there is no 

2 communication between the person and the can3 didate or committee, or any agent of the candidate 

4 or committee, regarding the candidate’s or commit5 tee’s campaign advertising, message, strategy, pol6 icy, polling, allocation of resources, fundraising, or 

7 other campaign activities. 

8 ‘‘(3) NO EFFECT ON PARTY COORDINATION

9 STANDARD.—Nothing in this section shall be con10 strued to affect the determination of coordination 

11 between a candidate and a political committee of a 

12 political party for purposes of section 315(d). 

13 ‘‘(4) NO SAFE HARBOR FOR USE OF FIRE14 WALL.—A person shall be determined to have made 

15 a payment in cooperation, consultation, or concert 

16 with, or at the request or suggestion of, a candidate 

17 or committee, in accordance with this section with18 out regard to whether or not the person established 

19 and used a firewall or similar procedures to restrict 

20 the sharing of information between individuals who 

21 are employed by or who are serving as agents for the 

22 person making the payment. 

23 ‘‘(c) PAYMENTS BY COORDINATED SPENDERS FOR

24 COVERED COMMUNICATIONS.— 


kjohnson on DSK79L0C42 with BILLS
579 

HR 1 PCS

1 ‘‘(1) PAYMENTS MADE IN COOPERATION, CON2 SULTATION, OR CONCERT WITH CANDIDATES.—For 

3 purposes of subsection (a)(1)(A), if the person who 

4 makes a payment for a covered communication, as 

5 defined in subsection (d), is a coordinated spender 

6 under paragraph (2) with respect to the candidate 

7 as described in subsection (d)(1), the payment for 

8 the covered communication is made in cooperation, 

9 consultation, or concert with the candidate. 

10 ‘‘(2) COORDINATED SPENDER DEFINED.—For 

11 purposes of this subsection, the term ‘coordinated 

12 spender’ means, with respect to a candidate or an 

13 authorized committee of a candidate, a person (other 

14 than a political committee of a political party) for 

15 which any of the following applies: 

16 ‘‘(A) During the 4-year period ending on 

17 the date on which the person makes the pay18 ment, the person was directly or indirectly 

19 formed or established by or at the request or 

20 suggestion of, or with the encouragement of, 

21 the candidate (including an individual who later 

22 becomes a candidate) or committee or agents of 

23 the candidate or committee, including with the 

24 approval of the candidate or committee or 

25 agents of the candidate or committee. 


kjohnson on DSK79L0C42 with BILLS
580 

HR 1 PCS

1 ‘‘(B) The candidate or committee or any 

2 agent of the candidate or committee solicits 

3 funds, appears at a fundraising event, or en4 gages in other fundraising activity on the per5 son’s behalf during the election cycle involved, 

6 including by providing the person with names of 

7 potential donors or other lists to be used by the 

8 person in engaging in fundraising activity, re9 gardless of whether the person pays fair market 

10 value for the names or lists provided. For pur11 poses of this subparagraph, the term ‘election 

12 cycle’ means, with respect to an election for 

13 Federal office, the period beginning on the day 

14 after the date of the most recent general elec15 tion for that office (or, if the general election 

16 resulted in a runoff election, the date of the 

17 runoff election) and ending on the date of the 

18 next general election for that office (or, if the 

19 general election resulted in a runoff election, 

20 the date of the runoff election). 

21 ‘‘(C) The person is established, directed, or 

22 managed by the candidate or committee or by 

23 any person who, during the 4-year period end24 ing on the date on which the person makes the 

25 payment, has been employed or retained as a 


kjohnson on DSK79L0C42 with BILLS
581 

HR 1 PCS

1 political, campaign media, or fundraising ad2 viser or consultant for the candidate or com3 mittee or for any other entity directly or indi4 rectly controlled by the candidate or committee, 

5 or has held a formal position with the candidate 

6 or committee (including a position as an em7 ployee of the office of the candidate at any time 

8 the candidate held any Federal, State, or local 

9 public office during the 4-year period). 

10 ‘‘(D) The person has retained the profes11 sional services of any person who, during the 2- 

12 year period ending on the date on which the 

13 person makes the payment, has provided or is 

14 providing professional services relating to the 

15 campaign to the candidate or committee, with16 out regard to whether the person providing the 

17 professional services used a firewall. For pur18 poses of this subparagraph, the term ‘profes19 sional services’ includes any services in support 

20 of the candidate’s or committee’s campaign ac21 tivities, including advertising, message, strat22 egy, policy, polling, allocation of resources, 

23 fundraising, and campaign operations, but does 

24 not include accounting or legal services. 


kjohnson on DSK79L0C42 with BILLS
582 

HR 1 PCS

1 ‘‘(E) The person is established, directed, or 

2 managed by a member of the immediate family 

3 of the candidate, or the person or any officer or 

4 agent of the person has had more than inci5 dental discussions about the candidate’s cam6 paign with a member of the immediate family 

7 of the candidate. For purposes of this subpara8 graph, the term ‘immediate family’ has the 

9 meaning given such term in section 9004(e) of 

10 the Internal Revenue Code of 1986. 

11 ‘‘(d) COVERED COMMUNICATION DEFINED.— 

12 ‘‘(1) IN GENERAL.—For purposes of this sec13 tion, the term ‘covered communication’ means, with 

14 respect to a candidate or an authorized committee of 

15 a candidate, a public communication (as defined in 

16 section 301(22)) which— 

17 ‘‘(A) expressly advocates the election of the 

18 candidate or the defeat of an opponent of the 

19 candidate (or contains the functional equivalent 

20 of express advocacy); 

21 ‘‘(B) promotes or supports the election of 

22 the candidate, or attacks or opposes the election 

23 of an opponent of the candidate (regardless of 

24 whether the communication expressly advocates 

25 the election or defeat of a candidate or contains 


kjohnson on DSK79L0C42 with BILLS
583 

HR 1 PCS

1 the functional equivalent of express advocacy); 

2 or 

3 ‘‘(C) refers to the candidate or an oppo4 nent of the candidate but is not described in 

5 subparagraph (A) or subparagraph (B), but 

6 only if the communication is disseminated dur7 ing the applicable election period. 

8 ‘‘(2) APPLICABLE ELECTION PERIOD.—In para9 graph (1)(C), the ‘applicable election period’ with re10 spect to a communication means— 

11 ‘‘(A) in the case of a communication which 

12 refers to a candidate in a general, special, or 

13 runoff election, the 120-day period which ends 

14 on the date of the election; or 

15 ‘‘(B) in the case of a communication which 

16 refers to a candidate in a primary or preference 

17 election, or convention or caucus of a political 

18 party that has authority to nominate a can19 didate, the 60-day period which ends on the 

20 date of the election or convention or caucus. 

21 ‘‘(3) SPECIAL RULES FOR COMMUNICATIONS IN22 VOLVING CONGRESSIONAL CANDIDATES.—For pur23 poses of this subsection, a public communication 

24 shall not be considered to be a covered communica25 tion with respect to a candidate for election for an 


kjohnson on DSK79L0C42 with BILLS
584 

HR 1 PCS

1 office other than the office of President or Vice 

2 President unless it is publicly disseminated or dis3 tributed in the jurisdiction of the office the can4 didate is seeking. 

5 ‘‘(e) PENALTY.— 

6 ‘‘(1) DETERMINATION OF AMOUNT.—Any per7 son who knowingly and willfully commits a violation 

8 of this Act by making a contribution which consists 

9 of a payment for a coordinated expenditure shall be 

10 fined an amount equal to the greater of— 

11 ‘‘(A) in the case of a person who makes a 

12 contribution which consists of a payment for a 

13 coordinated expenditure in an amount exceeding 

14 the applicable contribution limit under this Act, 

15 300 percent of the amount by which the 

16 amount of the payment made by the person ex17 ceeds such applicable contribution limit; or 

18 ‘‘(B) in the case of a person who is prohib19 ited under this Act from making a contribution 

20 in any amount, 300 percent of the amount of 

21 the payment made by the person for the coordi22 nated expenditure. 

23 ‘‘(2) JOINT AND SEVERAL LIABILITY.—Any di24 rector, manager, or officer of a person who is subject 

25 to a penalty under paragraph (1) shall be jointly and 


kjohnson on DSK79L0C42 with BILLS
585 

HR 1 PCS

1 severally liable for any amount of such penalty that 

2 is not paid by the person prior to the expiration of 

3 the 1-year period which begins on the date the Com4 mission imposes the penalty or the 1-year period 

5 which begins on the date of the final judgment fol6 lowing any judicial review of the Commission’s ac7 tion, whichever is later.’’. 

8 (c) EFFECTIVE DATE.— 

9 (1) REPEAL OF EXISTING REGULATIONS ON CO10 ORDINATION.—Effective upon the expiration of the 

11 90-day period which begins on the date of the enact12 ment of this Act— 

13 (A) the regulations on coordinated commu14 nications adopted by the Federal Election Com15 mission which are in effect on the date of the 

16 enactment of this Act (as set forth in 11 CFR 

17 Part 109, Subpart C, under the heading ‘‘Co18 ordination’’) are repealed; and 

19 (B) the Federal Election Commission shall 

20 promulgate new regulations on coordinated 

21 communications which reflect the amendments 

22 made by this Act. 

23 (2) EFFECTIVE DATE.—The amendments made 

24 by this section shall apply with respect to payments 

25 made on or after the expiration of the 120-day peVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00585 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
586 

HR 1 PCS

1 riod which begins on the date of the enactment of 

2 this Act, without regard to whether or not the Fed3 eral Election Commission has promulgated regula4 tions in accordance with paragraph (1)(B) as of the 

5 expiration of such period. 

6 SEC. 6103. CLARIFICATION OF BAN ON FUNDRAISING FOR 

7 SUPER PACS BY FEDERAL CANDIDATES AND 

8 OFFICEHOLDERS. 

9 (a) IN GENERAL.—Section 323(e)(1) of the Federal 

10 Election Campaign Act of 1971 (52 U.S.C. 30125(e)(1)) 

11 is amended— 

12 (1) by striking ‘‘or’’ at the end of subparagraph 

13 (A); 

14 (2) by striking the period at the end of sub15 paragraph (B) and inserting ‘‘; or’’; and 

16 (3) by adding at the end the following new sub17 paragraph: 

18 ‘‘(C) solicit, receive, direct, or transfer 

19 funds to or on behalf of any political committee 

20 which accepts donations or contributions that 

21 do not comply with the limitations, prohibitions, 

22 and reporting requirements of this Act (or to or 

23 on behalf of any account of a political com24 mittee which is established for the purpose of 

25 accepting such donations or contributions), or 


kjohnson on DSK79L0C42 with BILLS
587 

HR 1 PCS

1 to or on behalf of any political organization 

2 under section 527 of the Internal Revenue Code 

3 of 1986 which accepts such donations or con4 tributions (other than a committee of a State or 

5 local political party or a candidate for election 

6 for State or local office).’’. 

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

8 subsection (a) shall apply with respect to elections occur9 ring after January 1, 2020. 

10 Subtitle C—Disposal of 

11 Contributions or Donations 

12 SEC. 6201. TIMEFRAME FOR AND PRIORITIZATION OF DIS13 POSAL OF CONTRIBUTIONS OR DONATIONS. 

14 Section 313 of the Federal Election Campaign Act 

15 of 1971 (52 U.S.C. 30114), as amended by section 5113 

16 and section 5302, is amended— 

17 (1) by redesignating subsections (c), (d), and 

18 (e) as subsections (d), (e), and (f), respectively; and 

19 (2) by inserting after subsection (b) the fol20 lowing new subsection: 

21 ‘‘(c) DISPOSAL.— 

22 ‘‘(1) TIMEFRAME.—Contributions or donations 

23 described in subsection (a) may only be used— 

24 ‘‘(A) in the case of an individual who is 

25 not a candidate with respect to an election for 


kjohnson on DSK79L0C42 with BILLS
588 

HR 1 PCS

1 any Federal office for a 6-year period beginning 

2 on the day after the date of the most recent 

3 such election in which the individual was a can4 didate for any such office, during such 6-year 

5 period; or 

6 ‘‘(B) in the case of an individual who be7 comes a registered lobbyist under the Lobbying 

8 Disclosure Act of 1995, before the date on 

9 which such individual becomes such a registered 

10 lobbyist. 

11 ‘‘(2) MEANS OF DISPOSAL; PRIORITIZATION.— 

12 Beginning on the date the 6-year period described in 

13 subparagraph (A) of paragraph (1) ends (or, in the 

14 case of an individual described in subparagraph (B) 

15 of such paragraph, the date on which the individual 

16 becomes a registered lobbyist under the Lobbying 

17 Disclosure Act of 1995), contributions or donations 

18 that remain available to an individual described in 

19 such paragraph shall be disposed of, not later than 

20 30 days after such date, as follows: 

21 ‘‘(A) First, to pay any debts or obligations 

22 owed in connection with the campaign for elec23 tion for Federal office of the individual. 

24 ‘‘(B) Second, to the extent such contribu25 tion or donations remain available after the apVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00588 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
589 

HR 1 PCS

1 plication of subparagraph (A), through any of 

2 the following means of disposal (or a combina3 tion thereof), in any order the individual con4 siders appropriate: 

5 ‘‘(i) Returning such contributions or 

6 donations to the individuals, entities, or 

7 both, who made such contributions or do8 nations. 

9 ‘‘(ii) Making contributions to an orga10 nization described in section 170(c) of the 

11 Internal Revenue Code of 1986. 

12 ‘‘(iii) Making transfers to a national, 

13 State, or local committee of a political 

14 party.’’. 

15 SEC. 6202. 1-YEAR TRANSITION PERIOD FOR CERTAIN INDI16 VIDUALS. 

17 (a) IN GENERAL.—In the case of an individual de18 scribed in subsection (b), any contributions or donations 

19 remaining available to the individual shall be disposed of— 

20 (1) not later than one year after the date of the 

21 enactment of this section; and 

22 (2) in accordance with the prioritization speci23 fied in subparagraphs (A) through (D) of subsection 

24 (c)(2) of section 313 of the Federal Election CamVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00589 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
590 

HR 1 PCS

1 paign Act of 1971 (52 U.S.C. 30114), as amended 

2 by section 6201 of this subtitle. 

3 (b) INDIVIDUALS DESCRIBED.—An individual de4 scribed in this subsection is an individual who, as of the 

5 date of the enactment of this section— 

6 (1)(A) is not a candidate with respect to an 

7 election for any Federal office for a period of not 

8 less than 6 years beginning on the day after the date 

9 of the most recent such election in which the indi10 vidual was a candidate for any such office; or 

11 (B) is an individual who becomes a registered 

12 lobbyist under the Lobbying Disclosure Act of 1995; 

13 and 

14 (2) would be in violation of subsection (c) of 

15 section 313 of the Federal Election Campaign Act of 

16 1971 (52 U.S.C. 30114), as amended by section 

17 6201 of this subtitle. 

18 Subtitle D—Recommendations to 

19 Ensure Filing of Reports Before 

20 Date of Election 

21 SEC. 6301. RECOMMENDATIONS TO ENSURE FILING OF RE22 PORTS BEFORE DATE OF ELECTION. 

23 Not later than 180 days after the date of the enact24 ment of this Act, the Federal Election Commission shall 

25 submit a report to Congress providing recommendations, 


kjohnson on DSK79L0C42 with BILLS
591 

HR 1 PCS

1 including recommendations for changes to existing law, on 

2 how to ensure that each political committee under the 

3 Federal Election Campaign Act of 1971, including a com4 mittee which accepts donations or contributions that do 

5 not comply with the limitations, prohibitions, and report6 ing requirements of such Act, will file a report under sec7 tion 304 of such Act prior to the date of the election for 

8 which the committee receives contributions or makes dis9 bursements, without regard to the date on which the com10 mittee first registered under such Act, and shall include 

11 specific recommendations to ensure that such committees 

12 will not delay until after the date of the election the re13 porting of the identification of persons making contribu14 tions that will be used to repay debt incurred by the com15 mittee. 

16 Subtitle E—Severability 

17 SEC. 6401. SEVERABILITY. 

18 If any provision of this title or amendment made by 

19 this title, or the application of a provision or amendment 

20 to any person or circumstance, is held to be unconstitu21 tional, the remainder of this title and amendments made 

22 by this title, and the application of the provisions and 

23 amendment to any person or circumstance, shall not be 

24 affected by the holding. 


kjohnson on DSK79L0C42 with BILLS
592 

HR 1 PCS

1 DIVISION C—ETHICS 

2 TITLE VII—ETHICAL STANDARDS 

Subtitle A—Supreme Court Ethics 

Sec. 7001. Code of conduct for Federal judges. 

Subtitle B—Foreign Agents Registration 

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

Department of Justice. 

Sec. 7102. Authority to impose civil money penalties. 

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

Sec. 7104. Ensuring online access to registration statements. 

Subtitle C—Lobbying Disclosure Reform 

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

Sec. 7202. 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. 

3 Subtitle A—Supreme Court Ethics 

4 SEC. 7001. CODE OF CONDUCT FOR FEDERAL JUDGES. 

5 (a) IN GENERAL.—Chapter 57 of title 28, United 

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘§ 964. Code of conduct 

9 ‘‘Not later than one year after the date of the enact10 ment of this section, the Judicial Conference shall issue 

11 a code of conduct, which applies to each justice and judge 


kjohnson on DSK79L0C42 with BILLS
593 

HR 1 PCS

1 of the United States, except that the code of conduct may 

2 include provisions that are applicable only to certain cat3 egories of judges or justices.’’. 

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

5 for chapter 57 of title 28, United States Code, is amended 

6 by adding after the item related to section 963 the fol7 lowing: 

‘‘964. Code of conduct.’’. 

8 Subtitle B—Foreign Agents 

9 Registration 

10 SEC. 7101. ESTABLISHMENT OF FARA INVESTIGATION AND 

11 ENFORCEMENT UNIT WITHIN DEPARTMENT 

12 OF JUSTICE. 

13 Section 8 of the Foreign Agents Registration Act of 

14 1938, as amended (22 U.S.C. 618) is amended by adding 

15 at the end the following new subsection: 

16 ‘‘(i) DEDICATED ENFORCEMENT UNIT.— 

17 ‘‘(1) ESTABLISHMENT.—Not later than 180 

18 days after the date of enactment of this subsection, 

19 the Attorney General shall establish a unit within 

20 the counterespionage section of the National Secu21 rity Division of the Department of Justice with re22 sponsibility for the enforcement of this Act. 

23 ‘‘(2) POWERS.—The unit established under this 

24 subsection is authorized to— 


kjohnson on DSK79L0C42 with BILLS
594 

HR 1 PCS

1 ‘‘(A) take appropriate legal action against 

2 individuals suspected of violating this Act; and 

3 ‘‘(B) coordinate any such legal action with 

4 the United States Attorney for the relevant ju5 risdiction. 

6 ‘‘(3) CONSULTATION.—In operating the unit es7 tablished under this subsection, the Attorney Gen8 eral shall, as appropriate, consult with the Director 

9 of National Intelligence, the Secretary of Homeland 

10 Security, and the Secretary of State. 

11 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

12 There are authorized to be appropriated to carry out 

13 the activities of the unit established under this sub14 section $10,000,000 for fiscal year 2019 and each 

15 succeeding fiscal year.’’. 

16 SEC. 7102. AUTHORITY TO IMPOSE CIVIL MONEY PEN17 ALTIES. 

18 (a) ESTABLISHING AUTHORITY.—Section 8 of the 

19 Foreign Agents Registration Act of 1938, as amended (22 

20 U.S.C. 618) is amended by inserting after subsection (c) 

21 the following new subsection: 

22 ‘‘(d) CIVIL MONEY PENALTIES.— 

23 ‘‘(1) REGISTRATION STATEMENTS.—Whoever 

24 fails to file timely or complete a registration state25 ment as provided under section 2(a) shall be subject 


kjohnson on DSK79L0C42 with BILLS
595 

HR 1 PCS

1 to a civil money penalty of not more than $10,000 

2 per violation. 

3 ‘‘(2) SUPPLEMENTS.—Whoever fails to file 

4 timely or complete supplements as provided under 

5 section 2(b) shall be subject to a civil money penalty 

6 of not more than $1,000 per violation. 

7 ‘‘(3) OTHER VIOLATIONS.—Whoever knowingly 

8 fails to— 

9 ‘‘(A) remedy a defective filing within 60 

10 days after notice of such defect by the Attorney 

11 General; or 

12 ‘‘(B) comply with any other provision of 

13 this Act, 

14 shall upon proof of such knowing violation by a pre15 ponderance of the evidence, be subject to a civil 

16 money penalty of not more than $200,000, depend17 ing on the extent and gravity of the violation. 

18 ‘‘(4) NO FINES PAID BY FOREIGN PRIN19 CIPALS.—A civil money penalty paid under para20 graph (1) may not be paid, directly or indirectly, by 

21 a foreign principal. 

22 ‘‘(5) USE OF FINES.—All civil money penalties 

23 collected under this subsection shall be used to de24 fray the cost of the enforcement unit established 

25 under subsection (i).’’. 


kjohnson on DSK79L0C42 with BILLS
596 

HR 1 PCS

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.’’. 


kjohnson on DSK79L0C42 with BILLS
597 

HR 1 PCS

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 


kjohnson on DSK79L0C42 with BILLS
598 

HR 1 PCS

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.— 


kjohnson on DSK79L0C42 with BILLS
599 

HR 1 PCS

1 (1) TREATMENT OF COUNSELING SERVICES IN

2 SUPPORT OF LOBBYING CONTACTS AS LOBBYING AC3 TIVITY.—Section 3(7) of such Act (2 U.S.C. 

4 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 


kjohnson on DSK79L0C42 with BILLS
600 

HR 1 PCS

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 the Lobbying Disclosure 

12 Act of 1995 (2 U.S.C. 1602(10)) is amended by striking 

13 ‘‘less than 20 percent’’ and inserting ‘‘less than 10 per14 cent’’. 

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

16 this section shall apply with respect to lobbying contacts 

17 made on or after the date of the enactment of this Act. 

18 SEC. 7202. PROHIBITING RECEIPT OF COMPENSATION FOR 

19 LOBBYING ACTIVITIES ON BEHALF OF FOR20 EIGN COUNTRIES VIOLATING HUMAN 

21 RIGHTS. 

22 (a) PROHIBITION.—The Lobbying Disclosure Act of 

23 1995 (2 U.S.C. 1601 et seq.) is amended by inserting 

24 after section 5 the following new section: 


kjohnson on DSK79L0C42 with BILLS
601 

HR 1 PCS

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. 


kjohnson on DSK79L0C42 with BILLS
602 

HR 1 PCS

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. 


kjohnson on DSK79L0C42 with BILLS
603 

HR 1 PCS

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 offi19 cer or employee is recused under paragraph (1), a 

20 career appointee in the agency of the officer or em21 ployee shall perform the functions and duties of the 

22 officer or employee with respect to the matter. 

23 ‘‘(B)(i) In this subparagraph, the term 

24 ‘Commission’ means a board, commission, or 


kjohnson on DSK79L0C42 with BILLS
604 

HR 1 PCS

1 other agency for which the authority of the 

2 agency is vested in more than 1 member. 

3 ‘‘(ii) If the recusal of a member of a 

4 Commission from a matter under para5 graph (1) would result in there not being 

6 a statutorily required quorum of members 

7 of the Commission available to participate 

8 in the matter, notwithstanding such stat9 ute or any other provision of law, the 

10 members of the Commission not recused 

11 under paragraph (1) may— 

12 ‘‘(I) consider the matter without 

13 regard to the quorum requirement 

14 under such statute; 

15 ‘‘(II) delegate the authorities and 

16 responsibilities of the Commission 

17 with respect to the matter to a sub18 committee of the Commission; or 

19 ‘‘(III) designate an officer or em20 ployee of the Commission who was not 

21 appointed by the President who ap22 pointed the member of the Commis23 sion recused from the matter to exer24 cise the authorities and duties of the 


kjohnson on DSK79L0C42 with BILLS
605 

HR 1 PCS

1 recused member with respect to the 

2 matter. 

3 ‘‘(3) Any officer or employee who violates para4 graph (1) shall be subject to the penalties set forth 

5 in section 216. 

6 ‘‘(4) For purposes of this section, the term 

7 ‘particular matter’ shall have the meaning given the 

8 term in section 207(i).’’. 

9 Subtitle E—Clearinghouse on 

10 Lobbying Information 

11 SEC. 7401. ESTABLISHMENT OF CLEARINGHOUSE. 

12 (a) ESTABLISHMENT.—The Attorney General shall 

13 establish and operate within the Department of Justice 

14 a clearinghouse through which members of the public may 

15 obtain copies (including in electronic form) of registration 

16 statements filed under the Lobbying Disclosure Act of 

17 1995 (2 U.S.C. 1601 et seq.) and the Foreign Agents Reg18 istration Act of 1938, as amended (22 U.S.C. 611 et seq.). 

19 (b) FORMAT.—The Attorney General shall ensure 

20 that the information in the clearinghouse established 

21 under this Act is maintained in a searchable and sortable 

22 format. 

23 (c) AGREEMENTS WITH CLERK OF HOUSE AND SEC24 RETARY OF THE SENATE.—The Attorney General shall 

25 enter into such agreements with the Clerk of the House 


kjohnson on DSK79L0C42 with BILLS
606 

HR 1 PCS

1 of Representatives and the Secretary of the Senate as may 

2 be necessary for the Attorney General to obtain registra3 tion statements filed with the Clerk and the Secretary 

4 under the Lobbying Disclosure Act of 1995 for inclusion 

5 in the clearinghouse. 

6 Subtitle F—Severability 

7 SEC. 7501. 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 VIII—ETHICS REFORMS 

16 FOR THE PRESIDENT, VICE 

17 PRESIDENT, AND FEDERAL 

18 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. 


kjohnson on DSK79L0C42 with BILLS
607 

HR 1 PCS

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

President that pose a potential conflict of interest. 

Sec. 8013. Initial financial disclosure. 

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

Sec. 8015. Legal Defense Funds. 

Subtitle C—White House Ethics Transparency 

Sec. 8021. Short title. 

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

Subtitle D—Executive Branch Ethics Enforcement 

Sec. 8031. Short title. 

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

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

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

Sec. 8035. Agency Ethics Officials Training and Duties. 

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

contravention of certain regulations. 

Sec. 8037. Reports on cost of presidential travel. 

Sec. 8038. Reports on Cost of Senior Executive 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’’. 


kjohnson on DSK79L0C42 with BILLS
608 

HR 1 PCS

1 SEC. 8002. RESTRICTIONS ON PRIVATE SECTOR PAYMENT 

2 FOR GOVERNMENT SERVICE. 

3 Section 209 of title 18, United States Code, is 

4 amended— 

5 (1) in subsection (a), 

6 (A) by striking ‘‘any salary’’ and inserting 

7 ‘‘any salary (including a bonus)’’; and 

8 (B) by striking ‘‘as compensation for his 

9 services’’ and inserting ‘‘at any time, as com10 pensation for serving’’; and 

11 (2) in subsection (b)— 

12 (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

13 (B) by adding at the end the following: 

14 ‘‘(2) For purposes of paragraph (1), a pension, 

15 retirement, group life, health or accident insurance, 

16 profit-sharing, stock bonus, or other employee wel17 fare or benefit plan that makes payment of any por18 tion of compensation contingent on accepting a posi19 tion in the United States Government shall not be 

20 considered bona fide.’’. 

21 SEC. 8003. REQUIREMENTS RELATING TO SLOWING THE RE22 VOLVING DOOR. 

23 (a) IN GENERAL.—The Ethics in Government Act of 

24 1978 (5 U.S.C. App.) is amended by adding at the end 

25 the following: 


kjohnson on DSK79L0C42 with BILLS
609 

HR 1 PCS

1 ‘‘TITLE VI—ENHANCED RE2 QUIREMENTS FOR CERTAIN 

3 EMPLOYEES 

4 ‘‘§ 601. Definitions 

5 ‘‘In this title: 

6 ‘‘(1) COVERED AGENCY.—The term ‘covered 

7 agency’— 

8 ‘‘(A) means an Executive agency, as de9 fined in section 105 of title 5, United States 

10 Code, the Postal Service and the Postal Rate 

11 Commission, but does not include the Govern12 ment Accountability Office or the Government 

13 of the District of Columbia; and 

14 ‘‘(B) shall include the Executive Office of 

15 the President. 

16 ‘‘(2) COVERED EMPLOYEE.—The term ‘covered 

17 employee’ means an officer or employee referred to 

18 in paragraph (2) of section 207(c) or paragraph (1) 

19 of section 207(d) of title 18, United States Code. 

20 ‘‘(3) DIRECTOR.—The term ‘Director’ means 

21 the Director of the Office of Government Ethics. 

22 ‘‘(4) EXECUTIVE BRANCH.—The term ‘execu23 tive branch’ has the meaning given that term in sec24 tion 109. 


kjohnson on DSK79L0C42 with BILLS
610 

HR 1 PCS

1 ‘‘(5) FORMER CLIENT.—The term ‘former cli2 ent’— 

3 ‘‘(A) means a person for whom a covered 

4 employee served personally as an agent, attor5 ney, or consultant during the 2-year period end6 ing on the date before the date on which the 

7 covered employee begins service in the Federal 

8 Government; and 

9 ‘‘(B) does not include any agency or in10 strumentality of the Federal Government. 

11 ‘‘(6) FORMER EMPLOYER.—The term ‘former 

12 employer’— 

13 ‘‘(A) means a person for whom a covered 

14 employee served as an employee, officer, direc15 tor, trustee, agent, attorney, consultant, or con16 tractor during the 2 year period ending on the 

17 date before the date on which the covered em18 ployee begins service in the Federal Govern19 ment; and 

20 ‘‘(B) does not include— 

21 ‘‘(i) an entity in the Federal Govern22 ment, including an executive branch agen23 cy; 

24 ‘‘(ii) a State or local government; 

25 ‘‘(iii) the District of Columbia; 


kjohnson on DSK79L0C42 with BILLS
611 

HR 1 PCS

1 ‘‘(iv) an Indian tribe, as defined in 

2 section 4 of the Indian Self-Determination 

3 and Education Assistance Act (25 U.S.C. 

4 5304); or 

5 ‘‘(v) the government of a territory or 

6 possession of the United States. 

7 ‘‘(7) PARTICULAR MATTER.—The term ‘par8 ticular matter’ has the meaning given that term in 

9 section 207(i) of title 18, United States Code. 

10 ‘‘§ 602. Conflict of interest and eligibility standards 

11 ‘‘(a) IN GENERAL.—A covered employee may not 

12 participate personally and substantially in a particular 

13 matter in which the covered employee knows or reasonably 

14 should have known that a former employer or former cli15 ent of the covered employee has a financial interest. 

16 ‘‘(b) WAIVER.— 

17 ‘‘(1) IN GENERAL.— 

18 ‘‘(A) AGENCY HEADS.—With respect to the 

19 head of a covered agency who is a covered em20 ployee, the Designated Agency Ethics Official 

21 for the Executive Office of the President, in 

22 consultation with the Director, may grant a 

23 written waiver of the restrictions under sub24 section (a) before the head engages in the ac25 tion otherwise prohibited by such subsection if 


kjohnson on DSK79L0C42 with BILLS
612 

HR 1 PCS

1 the Designated Agency Ethics Official for the 

2 Executive Office of the President determines 

3 and certifies in writing that, in light of all the 

4 relevant circumstances, the interest of the Fed5 eral Government in the head’s participation 

6 outweighs the concern that a reasonable person 

7 may question the integrity of the agency’s pro8 grams or operations. 

9 ‘‘(B) OTHER COVERED EMPLOYEES.—With 

10 respect to any covered employee not covered by 

11 subparagraph (A), the head of the covered 

12 agency employing the covered employee, in con13 sultation with the Director, may grant a written 

14 waiver of the restrictions under subsection (a) 

15 before the covered employee engages in the ac16 tion otherwise prohibited by such subsection if 

17 the head of the covered agency determines and 

18 certifies in writing that, in light of all the rel19 evant circumstances, the interest of the Federal 

20 Government in the covered employee’s partici21 pation outweighs the concern that a reasonable 

22 person may question the integrity of the agen23 cy’s programs or operations. 


kjohnson on DSK79L0C42 with BILLS
613 

HR 1 PCS

1 ‘‘(2) PUBLICATION.—For any waiver granted 

2 under paragraph (1), the individual who granted the 

3 waiver shall— 

4 ‘‘(A) provide a copy of the waiver to the 

5 Director not less than 48 hours after the waiver 

6 is granted; and 

7 ‘‘(B) publish the waiver on the website of 

8 the applicable agency within 30 calendar days 

9 after granting such waiver. 

10 ‘‘(3) REVIEW.—Upon receiving a written waiver 

11 under paragraph (1)(A), the Director shall— 

12 ‘‘(A) review the waiver to determine wheth13 er the Director has any objection to the 

14 issuance of the waiver; and 

15 ‘‘(B) if the Director so objects— 

16 ‘‘(i) provide reasons for the objection 

17 in writing to the head of the agency who 

18 granted the waiver not less than 15 cal19 endar days after the waiver was granted; 

20 and 

21 ‘‘(ii) publish the written objection on 

22 the website of the Office of Government 

23 Ethics not less than 30 calendar days after 

24 the waiver was granted. 


kjohnson on DSK79L0C42 with BILLS
614 

HR 1 PCS

1 ‘‘§ 603. Penalties and injunctions 

2 ‘‘(a) CRIMINAL PENALTIES.— 

3 ‘‘(1) IN GENERAL.—Any person who violates 

4 section 602 shall be fined under title 18, United 

5 States Code, imprisoned for not more than 1 year, 

6 or both. 

7 ‘‘(2) WILLFUL VIOLATIONS.—Any person who 

8 willfully violates section 602 shall be fined under 

9 title 18, United States Code, imprisoned for not 

10 more than 5 years, or both. 

11 ‘‘(b) CIVIL ENFORCEMENT.— 

12 ‘‘(1) IN GENERAL.—The Attorney General may 

13 bring a civil action in an appropriate district court 

14 of the United States against any person who vio15 lates, or whom the Attorney General has reason to 

16 believe is engaging in conduct that violates, section 

17 602. 

18 ‘‘(2) CIVIL PENALTY.— 

19 ‘‘(A) IN GENERAL.—If the court finds by 

20 a preponderance of the evidence that a person 

21 violated section 602, the court shall impose a 

22 civil penalty of not more than the greater of— 

23 ‘‘(i) $100,000 for each violation; or 

24 ‘‘(ii) the amount of compensation the 

25 person received or was offered for the con26 duct constituting the violation. 


kjohnson on DSK79L0C42 with BILLS
615 

HR 1 PCS

1 ‘‘(B) RULE OF CONSTRUCTION.—A civil 

2 penalty under this subsection may be in addi3 tion to any other criminal or civil statutory, 

4 common law, or administrative remedy available 

5 to the United States or any other person. 

6 ‘‘(3) INJUNCTIVE RELIEF.— 

7 ‘‘(A) IN GENERAL.—In a civil action 

8 brought under paragraph (1) against a person, 

9 the Attorney General may petition the court for 

10 an order prohibiting the person from engaging 

11 in conduct that violates section 602. 

12 ‘‘(B) STANDARD.—The court may issue an 

13 order under subparagraph (A) if the court finds 

14 by a preponderance of the evidence that the 

15 conduct of the person violates section 602. 

16 ‘‘(C) RULE OF CONSTRUCTION.—The filing 

17 of a petition seeking injunctive relief under this 

18 paragraph shall not preclude any other remedy 

19 that is available by law to the United States or 

20 any other person.’’. 

21 SEC. 8004. PROHIBITION OF PROCUREMENT OFFICERS AC22 CEPTING EMPLOYMENT FROM GOVERNMENT 

23 CONTRACTORS. 

24 (a) EXPANSION OF PROHIBITION ON ACCEPTANCE

25 BY FORMER OFFICIALS OF COMPENSATION FROM CONVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00615 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
616 

HR 1 PCS

1 TRACTORS.—Section 2104 of title 41, United States Code, 

2 is amended— 

3 (1) in subsection (a)— 

4 (A) in the matter preceding paragraph 

5 (1)— 

6 (i) by striking ‘‘or consultant’’ and in7 serting ‘‘attorney, consultant, subcon8 tractor, or lobbyist’’; and 

9 (ii) by striking ‘‘one year’’ and insert10 ing ‘‘2 years’’; and 

11 (B) in paragraph (3), by striking ‘‘person12 ally made for the Federal agency’’ and inserting 

13 ‘‘participated personally and substantially in’’; 

14 and 

15 (2) by striking subsection (b) and inserting the 

16 following: 

17 ‘‘(b) PROHIBITION ON COMPENSATION FROM AFFILI18 ATES AND SUBCONTRACTORS.—A former official respon19 sible for a Government contract referred to in paragraph 

20 (1), (2), or (3) of subsection (a) may not accept compensa21 tion for 2 years after awarding the contract from any divi22 sion, affiliate, or subcontractor of the contractor.’’. 

23 (b) REQUIREMENT FOR PROCUREMENT OFFICERS TO

24 DISCLOSE JOB OFFERS MADE ON BEHALF OF REL25 ATIVES.—Section 2103(a) of title 41, United States Code, 


kjohnson on DSK79L0C42 with BILLS
617 

HR 1 PCS

1 is amended in the matter preceding paragraph (1) by in2 serting after ‘‘that official’’ the following: ‘‘, or for a rel3 ative (as defined in section 3110 of title 5) of that offi4 cial,’’. 

5 (c) REQUIREMENT ON AWARD OF GOVERNMENT

6 CONTRACTS TO FORMER EMPLOYERS.— 

7 (1) IN GENERAL.—Chapter 21 of division B of 

8 subtitle I of title 41, United States Code, is amend9 ed by adding at the end the following new section: 

10 ‘‘§ 2108. Prohibition on involvement by certain 

11 former contractor employees in procure12 ments 

13 ‘‘An employee of the Federal Government may not 

14 participate personally and substantially in any award of 

15 a contract to, or the administration of a contract awarded 

16 to, a contractor that is a former employer of the employee 

17 during the 2-year period beginning on the date on which 

18 the employee leaves the employment of the contractor.’’. 

19 (2) TECHNICAL AND CONFORMING AMEND20 MENT.—The table of sections for chapter 21 of title 

21 41, United States Code, is amended by adding at 

22 the end the following new item: 

‘‘2108. Prohibition on involvement by certain former contractor employees 

in procurements.’’. 

23 (d) REGULATIONS.—The Director of the Office of 

24 Government Ethics, in consultation with the AdminisVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00617 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
618 

HR 1 PCS

1 trator of General Services, shall promulgate regulations to 

2 carry out and ensure the enforcement of chapter 21 of 

3 title 41, United States Code, as amended by this section. 

4 (e) MONITORING AND COMPLIANCE.—The Adminis5 trator of General Services, in consultation with designated 

6 agency ethics officials (as that term is defined in section 

7 109(3) of the Ethics in Government Act of 1978 (5 U.S.C. 

8 App.)), shall monitor compliance with such chapter 21 by 

9 individuals and agencies. 

10 SEC. 8005. REVOLVING DOOR RESTRICTIONS ON EMPLOY11 EES MOVING INTO THE PRIVATE SECTOR. 

12 (a) IN GENERAL.—Subsection (c) of section 207 of 

13 title 18, United States Code, is amended— 

14 (1) in the subsection heading, by striking 

15 ‘‘ONE-YEAR’’ and inserting ‘‘TWO-YEAR’’; 

16 (2) in paragraph (1)— 

17 (A) by striking ‘‘1 year’’ in each instance 

18 and inserting ‘‘2 years’’; and 

19 (B) by inserting ‘‘, or conducts any lob20 bying activity to facilitate any communication 

21 to or appearance before,’’ after ‘‘any commu22 nication to or appearance before’’; and 

23 (3) in paragraph (2)(B), by striking ‘‘1-year’’ 

24 and inserting ‘‘2-year’’. 


kjohnson on DSK79L0C42 with BILLS
619 

HR 1 PCS

1 (b) APPLICATION.—The amendments made by sub2 section (a) shall apply to any individual covered by sub3 section (c) of section 207 of title 18, United States Code, 

4 separating from the civil service on or after the date of 

5 enactment of this Act. 

6 SEC. 8006. GUIDANCE ON UNPAID EMPLOYEES. 

7 (a) IN GENERAL.—Not later than 120 days after the 

8 date of enactment of this Act, the Director of the Office 

9 of Government Ethics shall issue guidance on ethical 

10 standards applicable to unpaid employees of an agency. 

11 (b) DEFINITIONS.—In this section— 

12 (1) the term ‘‘agency’’ includes the Executive 

13 Office of the President and the White House; and 

14 (2) the term ‘‘unpaid employee’’ includes any 

15 individual occupying a position at an agency and 

16 who is unpaid by operation of section 3110 of title 

17 5, United States Code, or any other provision of law, 

18 but does not include any employee who is unpaid 

19 due to a lapse in appropriations. 

20 SEC. 8007. LIMITATION ON USE OF FEDERAL FUNDS AND 

21 CONTRACTING AT BUSINESSES OWNED BY 

22 CERTAIN GOVERNMENT OFFICERS AND EM23 PLOYEES. 

24 (a) LIMITATION ON FEDERAL FUNDS.—Beginning in 

25 fiscal year 2020 and in each fiscal year thereafter, no FedVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00619 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
620 

HR 1 PCS

1 eral funds may be obligated or expended for purposes of 

2 procuring goods or services at any business owned or con3 trolled by a covered individual or any family member of 

4 such an individual, unless such obligation or expenditure 

5 of funds is necessary for the security of a covered indi6 vidual or family member. 

7 (b) PROHIBITION ON CONTRACTS.—No federal agen8 cy may enter into a contract with a business owned or 

9 controlled by a covered individual or any family member 

10 of such an individual. 

11 (c) DETERMINATION OF OWNERSHIP.—For purposes 

12 of this section, a business shall be deemed to be owned 

13 or controlled by a covered individual or any family member 

14 of such an individual if the covered individual or member 

15 of family (as the case may be)— 

16 (1) is a member of the board of directors or 

17 similar governing body of the business; or 

18 (2) directly or indirectly owns or controls 51 

19 percent or more of the voting shares of the business. 

20 (d) DEFINITIONS.—In this section: 

21 (1) COVERED INDIVIDUAL.—The term ‘‘covered 

22 individual’’ means— 

23 (A) the President; 

24 (B) the Vice President; 


kjohnson on DSK79L0C42 with BILLS
621 

HR 1 PCS

1 (C) the head of any Executive department 

2 (as that term is defined in section 101 of title 

3 5, United States Code); and 

4 (D) any individual occupying a position 

5 designated by the President as a Cabinet-level 

6 position. 

7 (2) FAMILY MEMBER.—The term ‘‘family mem8 ber’’ means an individual with any of the following 

9 relationships to a covered individual: 

10 (A) Spouse, and parents thereof. 

11 (B) Sons and daughters, and spouses 

12 thereof. 

13 (C) Parents, and spouses thereof. 

14 (D) Brothers and sisters, and spouses 

15 thereof. 

16 (E) Grandparents and grandchildren, and 

17 spouses thereof. 

18 (F) Domestic partner and parents thereof, 

19 including domestic partners of any individual in 

20 paragraphs (2) through (5). 

21 (3) FEDERAL AGENCY.—The term ‘‘federal 

22 agency’’ has the meaning given that term in section 

23 102 of title 40, United States Code. 


kjohnson on DSK79L0C42 with BILLS
622 

HR 1 PCS

1 Subtitle B—Presidential Conflicts 

2 of Interest 

3 SEC. 8011. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Presidential Con5 flicts of Interest Act of 2019’’. 

6 SEC. 8012. DIVESTITURE OF PERSONAL FINANCIAL INTER7 ESTS OF THE PRESIDENT AND VICE PRESI8 DENT THAT POSE A POTENTIAL CONFLICT OF 

9 INTEREST. 

10 (a) IN GENERAL.—The Ethics in Government Act of 

11 1978 (5 U.S.C. App.) is amended by adding after title 

12 VI (as added by section 8003) the following: 

13 ‘‘TITLE VII—DIVESTITURE OF FI14 NANCIAL CONFLICTS OF IN15 TERESTS OF THE PRESIDENT 

16 AND VICE PRESIDENT 

17 ‘‘§ 701. Divestiture of financial interests posing a con18 flict of interest 

19 ‘‘(a) APPLICABILITY TO THE PRESIDENT AND VICE20 PRESIDENT.—The President and Vice-President shall, 

21 within 30 days of assuming office, divest of all financial 

22 interests that pose a conflict of interest because the Presi23 dent or Vice President, the spouse, dependent child, or 

24 general partner of the President or Vice President, or any 

25 person or organization with whom the President or Vice 


kjohnson on DSK79L0C42 with BILLS
623 

HR 1 PCS

1 President is negotiating or has any arrangement con2 cerning prospective employment, has a financial interest, 

3 by— 

4 ‘‘(1) converting each such interest to cash or 

5 other investment that meets the criteria established 

6 by the Director of the Office of Government Ethics 

7 through regulation as being an interest so remote or 

8 inconsequential as not to pose a conflict; or 

9 ‘‘(2) placing each such interest in a qualified 

10 blind trust as defined in section 102(f)(3) or a diver11 sified trust under section 102(f)(4)(B). 

12 ‘‘(b) DISCLOSURE EXEMPTION.—Subsection (a) shall 

13 not apply if the President or Vice President complies with 

14 section 102.’’. 

15 (b) ADDITIONAL DISCLOSURES.—Section 102(a) of 

16 the Ethics in Government Act of 1978 (5 U.S.C. App.) 

17 is amended by adding at the end the following: 

18 ‘‘(9) With respect to any such report filed by 

19 the President or Vice President, for any corporation, 

20 company, firm, partnership, or other business enter21 prise in which the President, Vice President, or the 

22 spouse or dependent child of the President or Vice 

23 President, has a significant financial interest— 

24 ‘‘(A) the name of each other person who 

25 holds a significant financial interest in the firm, 


kjohnson on DSK79L0C42 with BILLS
624 

HR 1 PCS

1 partnership, association, corporation, or other 

2 entity; 

3 ‘‘(B) the value, identity, and category of 

4 each liability in excess of $10,000; and 

5 ‘‘(C) a description of the nature and value 

6 of any assets with a value of $10,000 or 

7 more.’’. 

8 (c) REGULATIONS.—Not later than 120 days after 

9 the date of enactment of this Act, the Director of the Of10 fice of Government Ethics shall promulgate regulations to 

11 define the criteria required by section 701(a)(1) of the 

12 Ethics in Government Act of 1978 (as added subsection 

13 (a)) and the term ‘‘significant financial interest’’ for pur14 poses of section 102(a)(9) of the Ethics in Government 

15 Act (as added by subsection (b)). 

16 SEC. 8013. INITIAL FINANCIAL DISCLOSURE. 

17 Subsection (a) of section 101 of the Ethics in Govern18 ment Act of 1978 (5 U.S.C. App.) is amended by striking 

19 ‘‘position’’ and adding at the end the following: ‘‘position, 

20 with the exception of the President and Vice President, 

21 who must file a new report.’’. 

22 SEC. 8014. CONTRACTS BY THE PRESIDENT OR VICE PRESI23 DENT. 

24 (a) AMENDMENT.—Section 431 of title 18, United 

25 States Code, is amended— 


kjohnson on DSK79L0C42 with BILLS
625 

HR 1 PCS

1 (1) in the section heading, by inserting ‘‘the 

2 President, Vice President, Cabinet Mem3 ber, or a’’ after ‘‘Contracts by’’; and 

4 (2) in the first undesignated paragraph, by in5 serting ‘‘the President, Vice President, or any Cabi6 net member’’ after ‘‘Whoever, being’’. 

7 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

8 sections for chapter 23 of title 18, United States Code, 

9 is amended by striking the item relating to section 431 

10 and inserting the following: 

‘‘431. Contracts by the President, Vice President, or a Member of Congress.’’. 

11 SEC. 8015. LEGAL DEFENSE FUNDS. 

12 (a) DEFINITIONS.—In this section— 

13 (1) the term ‘‘Director’’ means the Director of 

14 the Office of Government Ethics; 

15 (2) the term ‘‘legal defense fund’’ means a 

16 trust— 

17 (A) that has only one beneficiary; 

18 (B) that is subject to a trust agreement 

19 creating an enforceable fiduciary duty on the 

20 part of the trustee to the beneficiary, pursuant 

21 to the applicable law of the jurisdiction in which 

22 the trust is established; 

23 (C) that is subject to a trust agreement 

24 that provides for the mandatory public disclo25 sure of all donations and disbursements; 


kjohnson on DSK79L0C42 with BILLS
626 

HR 1 PCS

1 (D) that is subject to a trust agreement 

2 that prohibits the use of its resources for any 

3 purpose other than— 

4 (i) the administration of the trust; 

5 (ii) the payment or reimbursement of 

6 legal fees or expenses incurred in investiga7 tive, civil, criminal, or other legal pro8 ceedings relating to or arising by virtue of 

9 service by the trust’s beneficiary as an offi10 cer or employee, as defined in this section, 

11 or as an employee, contractor, consultant 

12 or volunteer of the campaign of the Presi13 dent or Vice President; or 

14 (iii) the distribution of unused re15 sources to a charity selected by the trustee 

16 that has not been selected or recommended 

17 by the beneficiary of the trust; 

18 (E) that is subject to a trust agreement 

19 that prohibits the use of its resources for any 

20 other purpose or personal legal matters, includ21 ing tax planning, personal injury litigation, pro22 tection of property rights, divorces, or estate 

23 probate; and 

24 (F) that is subject to a trust agreement 

25 that prohibits the acceptance of donations, exVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00626 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
627 

HR 1 PCS

1 cept in accordance with this section and the 

2 regulations of the Office of Government Ethics; 

3 (3) the term ‘‘lobbying activity’’ has the mean4 ing given that term in section 3 of the Lobbying 

5 Disclosure Act of 1995 (2 U.S.C. 1602); 

6 (4) the term ‘‘officer or employee’’ means— 

7 (A) an officer (as that term is defined in 

8 section 2104 of title 5, United States Code) or 

9 employee (as that term is defined in section 

10 2105 of such title) of the executive branch of 

11 the Government; 

12 (B) the Vice President; and 

13 (C) the President; and 

14 (5) the term ‘‘relative’’ has the meaning given 

15 that term in section 3110 of title 5, United States 

16 Code. 

17 (b) LEGAL DEFENSE FUNDS.—An officer or em18 ployee may not accept or use any gift or donation for the 

19 payment or reimbursement of legal fees or expenses in20 curred in investigative, civil, criminal, or other legal pro21 ceedings relating to or arising by virtue of the officer or 

22 employee’s service as an officer or employee, as defined 

23 in this section, or as an employee, contractor, consultant 

24 or volunteer of the campaign of the President or Vice 


kjohnson on DSK79L0C42 with BILLS
628 

HR 1 PCS

1 President except through a legal defense fund that is cer2 tified by the Director of the Office of Government Ethics. 

3 (c) LIMITS ON GIFTS AND DONATIONS.—Not later 

4 than 120 days after the date of the enactment of this Act, 

5 the Director shall promulgate regulations establishing lim6 its with respect to gifts and donations described in sub7 section (b), which shall, at a minimum— 

8 (1) prohibit the receipt of any gift or donation 

9 described in subsection (b)— 

10 (A) from a single contributor (other than 

11 a relative of the officer or employee) in a total 

12 amount of more than $5,000 during any cal13 endar year; 

14 (B) from a registered lobbyist; 

15 (C) from a foreign government or an agent 

16 of a foreign principal; 

17 (D) from a State government or an agent 

18 of a State government; 

19 (E) from any person seeking official action 

20 from, or seeking to do or doing business with, 

21 the agency employing the officer or employee; 

22 (F) from any person conducting activities 

23 regulated by the agency employing the officer 

24 or employee; 


kjohnson on DSK79L0C42 with BILLS
629 

HR 1 PCS

1 (G) from any person whose interests may 

2 be substantially affected by the performance or 

3 nonperformance of the official duties of the offi4 cer or employee; 

5 (H) from an officer or employee of the ex6 ecutive branch; 

7 (I) from any organization a majority of 

8 whose members are described in (A)–(H); or 

9 (J) require that a legal defense fund, in 

10 order to be certified by the Director only permit 

11 distributions to the officer or employee. 

12 (d) WRITTEN NOTICE.— 

13 (1) IN GENERAL.—An officer or employee who 

14 wishes to accept funds or have a representative ac15 cept funds from a legal defense fund shall first en16 sure that the proposed trustee of the legal defense 

17 fund submits to the Director the following informa18 tion: 

19 (A) The name and contact information for 

20 any proposed trustee of the legal defense fund. 

21 (B) A copy of any proposed trust docu22 ment for the legal defense fund. 

23 (C) The nature of the legal proceeding (or 

24 proceedings), investigation or other matter 


kjohnson on DSK79L0C42 with BILLS
630 

HR 1 PCS

1 which give rise to the establishment of the legal 

2 defense fund. 

3 (D) An acknowledgment signed by the offi4 cer or employee and the trustee indicating that 

5 they will be bound by the regulations and limi6 tation under this section. 

7 (2) APPROVAL.—An officer or employee may 

8 not accept any gift or donation to pay, or to reim9 burse any person for, fees or expenses described in 

10 subsection (b) of this section except through a legal 

11 defense fund that has been certified in writing by 

12 the Director following that office’s receipt and ap13 proval of the information submitted under para14 graph (1) and approval of the structure of the fund. 

15 (e) REPORTING.— 

16 (1) IN GENERAL.—An officer or employee who 

17 establishes a legal defense fund may not directly or 

18 indirectly accept distributions from a legal defense 

19 fund unless the fund has provided the Director a 

20 quarterly report for each quarter of every calendar 

21 year since the establishment of the legal defense 

22 fund that discloses, with respect to the quarter cov23 ered by the report— 

24 (A) the source and amount of each con25 tribution to the legal defense fund; and 


kjohnson on DSK79L0C42 with BILLS
631 

HR 1 PCS

1 (B) the amount, recipient, and purpose of 

2 each expenditure from the legal defense fund, 

3 including all distributions from the trust for 

4 any purpose. 

5 (2) PUBLIC AVAILABILITY.—The Director shall 

6 make publicly available online— 

7 (A) each report submitted under para8 graph (1) in a searchable, sortable, and 

9 downloadable form; 

10 (B) each trust agreement and any amend11 ment thereto; 

12 (C) the written notice and acknowledgment 

13 required by subsection (d); and 

14 (D) the Director’s written certification of 

15 the legal defense fund. 

16 (f) RECUSAL.—An officer or employee, other than the 

17 President and the Vice President, who is the beneficiary 

18 of a legal defense fund may not participate personally and 

19 substantially in any particular matter in which the officer 

20 or employee knows a donor of any source of a gift or dona21 tion to the legal defense fund established for the officer 

22 or employee has a financial interest, for a period of two 

23 years from the date of the most recent gift or donation 

24 to the legal defense fund. 


kjohnson on DSK79L0C42 with BILLS
632 

HR 1 PCS

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 2019’’. 

6 SEC. 8022. PROCEDURE FOR WAIVERS AND AUTHORIZA7 TIONS RELATING TO ETHICS REQUIREMENTS. 

8 (a) IN GENERAL.—Notwithstanding any other provi9 sion of law, not later than 30 days after an officer or em10 ployee issues or approves a waiver or authorization pursu11 ant to section 3 of Executive Order No. 13770 (82 6 Fed. 

12 Reg. 9333), or any subsequent similar order, such officer 

13 or employee shall— 

14 (1) transmit a written copy of such waiver or 

15 authorization to the Director of the Office of Gov16 ernment Ethics; and 

17 (2) make a written copy of such waiver or au18 thorization available to the public on the website of 

19 the employing agency of the covered employee. 

20 (b) RETROACTIVE APPLICATION.—In the case of a 

21 waiver or authorization described in subsection (a) issued 

22 during the period beginning on January 20, 2017, and 

23 ending on the date of enactment of this Act, the issuing 

24 officer or employee of such waiver or authorization shall 

25 comply with the requirements of paragraphs (1) and (2) 


kjohnson on DSK79L0C42 with BILLS
633 

HR 1 PCS

1 of such subsection not later than 30 days after the date 

2 of enactment of this Act. 

3 (c) OFFICE OF GOVERNMENT ETHICS PUBLIC AVAIL4 ABILITY.—Not later than 30 days after receiving a written 

5 copy of a waiver or authorization under subsection (a)(1), 

6 the Director of the Office of Government Ethics shall 

7 make such waiver or authorization available to the public 

8 on the website of the Office of Government Ethics. 

9 (d) REPORT TO CONGRESS.—Not later than 45 days 

10 after the date of enactment of this Act, the Director of 

11 the Office of Government Ethics shall submit a report to 

12 Congress on the impact of the application of subsection 

13 (b), including the name of any individual who received a 

14 waiver or authorization described in subsection (a) and 

15 who, by operation of subsection (b), submitted the infor16 mation required by such subsection. 

17 (e) DEFINITION OF COVERED EMPLOYEE.—In this 

18 section, the term ‘‘covered employee’’— 

19 (1) means a non-career Presidential or Vice 

20 Presidential appointee, non-career appointee in the 

21 Senior Executive Service (or other SES-type sys22 tem), or an appointee to a position that has been ex23 cepted from the competitive service by reason of 

24 being of a confidential or policymaking character 


kjohnson on DSK79L0C42 with BILLS
634 

HR 1 PCS

1 (Schedule C and other positions excepted under com2 parable criteria) in an executive agency; and 

3 (2) does not include any individual appointed as 

4 a member of the Senior Foreign Service or solely as 

5 a uniformed service commissioned officer. 

6 Subtitle D—Executive Branch 

7 Ethics Enforcement 

8 SEC. 8031. SHORT TITLE. 

9 This subtitle may be cited as the ‘‘Executive Branch 

10 Comprehensive Ethics Enforcement Act of 2019’’. 

11 SEC. 8032. REAUTHORIZATION OF THE OFFICE OF GOVERN12 MENT ETHICS. 

13 Section 405 of the Ethics in Government Act of 1978 

14 (5 U.S.C. App.) is amended by striking ‘‘fiscal year 2007’’ 

15 and inserting ‘‘fiscal years 2019 through 2023.’’. 

16 SEC. 8033. TENURE OF THE DIRECTOR OF THE OFFICE OF 

17 GOVERNMENT ETHICS. 

18 Section 401(b) of the Ethics in Government Act of 

19 1978 (5 U.S.C. App.) is amended by striking the period 

20 at the end and inserting ‘‘, subject to removal only for 

21 inefficiency, neglect of duty, or malfeasance in office. The 

22 Director may continue to serve beyond the expiration of 

23 the term until a successor is appointed and has qualified, 

24 except that the Director may not continue to serve for 


kjohnson on DSK79L0C42 with BILLS
635 

HR 1 PCS

1 more than one year after the date on which the term would 

2 otherwise expire under this subsection.’’. 

3 SEC. 8034. DUTIES OF DIRECTOR OF THE OFFICE OF GOV4 ERNMENT ETHICS. 

5 (a) IN GENERAL.—Section 402(a) of the Ethics in 

6 Government Act of 1978 (5 U.S.C. App.) is amended in 

7 paragraph (1) by striking ‘‘, in consultation with the Of8 fice of Personnel Management,’’. 

9 (b) RESPONSIBILITIES OF THE DIRECTOR.—Section 

10 402(b) of the Ethics in Government Act of 1978 (5 U.S.C. 

11 App.) is amended— 

12 (1) in paragraph (1)— 

13 (A) by striking ‘‘developing, in consultation 

14 with the Attorney General and the Office of 

15 Personnel Management, rules and regulations 

16 to be promulgated by the President or the Di17 rector’’ and inserting ‘‘developing and promul18 gating rules and regulations’’; and 

19 (B) by striking ‘‘title II’’ and inserting 

20 ‘‘title I’’; 

21 (2) by striking paragraph (2) and inserting the 

22 following: 

23 ‘‘(2) providing mandatory education and train24 ing programs for designated agency ethics officials, 

25 which may be delegated to each agency or the White 


kjohnson on DSK79L0C42 with BILLS
636 

HR 1 PCS

1 House Counsel as deemed appropriate by the Direc2 tor;’’; 

3 (3) in paragraph (3), by striking ‘‘title II’’ and 

4 inserting ‘‘title I’’; 

5 (4) in paragraph (4), by striking ‘‘problems’’ 

6 and inserting ‘‘issues’’; 

7 (5) in paragraph (6)— 

8 (A) by striking ‘‘issued by the President or 

9 the Director’’; and 

10 (B) by striking ‘‘problems’’ and inserting 

11 ‘‘issues’’; 

12 (6) in paragraph (7)— 

13 (A) by striking ‘‘, when requested,’’; and 

14 (B) by striking ‘‘conflict of interest prob15 lems’’ and inserting ‘‘conflicts of interest, as 

16 well as other ethics issues’’; 

17 (7) in paragraph (9)— 

18 (A) by striking ‘‘ordering’’ and inserting 

19 ‘‘receiving allegations of violations of this Act or 

20 regulations of the Office of Government Ethics 

21 and, when necessary, investigating an allegation 

22 to determine whether a violation occurred, and 

23 ordering’’; and 


kjohnson on DSK79L0C42 with BILLS
637 

HR 1 PCS

1 (B) by inserting before the semi-colon the 

2 following: ‘‘, and recommending appropriate 

3 disciplinary action’’; 

4 (8) in paragraph (12)— 

5 (A) by striking ‘‘evaluating, with the as6 sistance of’’ and inserting ‘‘promulgating, with 

7 input from’’; 

8 (B) by striking ‘‘the need for’’; 

9 (C) by striking ‘‘conflict of interest and 

10 ethical problems’’ and inserting ‘‘conflict of in11 terest and ethics issues’’; 

12 (9) in paragraph (13)— 

13 (A) by striking ‘‘with the Attorney Gen14 eral’’ and inserting ‘‘with the Inspectors Gen15 eral and the Attorney General’’; 

16 (B) by striking ‘‘violations of the conflict 

17 of interest laws’’ and inserting ‘‘conflict of in18 terest issues and allegations of violations of eth19 ics laws and regulations and this Act’’; and 

20 (C) by striking ‘‘, as required by section 

21 535 of title 28, United States Code’’; 

22 (10) in paragraph (14), by striking ‘‘and’’ at 

23 the end; 

24 (11) in paragraph (15)— 


kjohnson on DSK79L0C42 with BILLS
638 

HR 1 PCS

1 (A) by striking ‘‘, in consultation with the 

2 Office of Personnel Management,’’; 

3 (B) by striking ‘‘title II’’ and inserting 

4 ‘‘title I’’; and 

5 (C) by striking the period at the end and 

6 inserting a semicolon; and 

7 (12) by adding at the end the following: 

8 ‘‘(16) directing and providing final approval, 

9 when determined appropriate by the Director, for 

10 designated agency ethics officials regarding the reso11 lution of conflicts of interest as well as any other 

12 ethics issues under the purview of this Act in indi13 vidual cases; and 

14 ‘‘(17) reviewing and approving, when deter15 mined appropriate by the Director, any recusals, ex16 emptions, or waivers from the conflicts of interest 

17 and ethics laws, rules, and regulations and making 

18 approved recusals, exemptions, and waivers made 

19 publicly available by the relevant agency available in 

20 a central location on the official website of the Office 

21 of Government Ethics.’’. 

22 (c) WRITTEN PROCEDURES.—Paragraph (1) of sec23 tion 402(d) of the Ethics in Government Act of 1978 (5 

24 U.S.C. App.) is amended— 


kjohnson on DSK79L0C42 with BILLS
639 

HR 1 PCS

1 (1) by striking ‘‘, by the exercise of any author2 ity otherwise available to the Director under this 

3 title,’’; 

4 (2) by striking ‘‘the agency is’’; and 

5 (3) by inserting after ‘‘filed by’’ the following: 

6 ‘‘, or written documentation of recusals, waivers, or 

7 ethics authorizations relating to,’’. 

8 (d) CORRECTIVE ACTIONS.—Section 402(f) of the 

9 Ethics in Government Act of 1978 (5 U.S.C. App.) is 

10 amended— 

11 (1) in paragraph (1)— 

12 (A) in clause (i) of subparagraph (A), by 

13 striking ‘‘of such agency’’; and 

14 (B) in subparagraph (B), by inserting at 

15 the end ‘‘and determine that a violation of this 

16 Act has occurred and issue appropriate admin17 istrative or legal remedies as prescribed in para18 graph (2)’’; 

19 (2) in paragraph (2)— 

20 (A) in subparagraph (A)— 

21 (i) in clause (ii)— 

22 (I) in subclause (I)— 

23 (aa) by inserting ‘‘to the 

24 President or the President’s des25 ignee if the matter involves emVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00639 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
640 

HR 1 PCS

1 ployees of the Executive Office of 

2 the President or’’ after ‘‘may rec3 ommend’’; 

4 (bb) by striking ‘‘and’’ at 

5 the end; and 

6 (II) in subclause (II)— 

7 (aa) by inserting ‘‘President 

8 or’’ after ‘‘determines that the’’; 

9 and 

10 (bb) by adding ‘‘and’’ at the 

11 end; 

12 (ii) in subclause (II) of clause (iii)— 

13 (I) by striking ‘‘notify, in writ14 ing,’’ and inserting ‘‘advise the Presi15 dent or order’’; 

16 (II) by inserting ‘‘to take appro17 priate disciplinary action including 

18 reprimand, suspension, demotion, or 

19 dismissal against the officer or em20 ployee (provided, however, that any 

21 order issued by the Director shall not 

22 affect an employee’s right to appeal a 

23 disciplinary action under applicable 

24 law, regulation, collective bargaining 


kjohnson on DSK79L0C42 with BILLS
641 

HR 1 PCS

1 agreement, or contractual provision)’’ 

2 after ‘‘employee’s agency’’; and 

3 (III) by striking ‘‘of the officer’s 

4 or employee’s noncompliance, except 

5 that, if the officer or employee in6 volved is the agency head, the notifi7 cation shall instead be submitted to 

8 the President and Congress and’’; and 

9 (iii) by striking clause (iv); 

10 (B) in subparagraph (B)(i)— 

11 (i) by striking ‘‘subparagraph (A)(iii) 

12 or (iv)’’ and inserting ‘‘subparagraph (A)’’; 

13 (ii) by inserting ‘‘(I)’’ before ‘‘In 

14 order to’’; and 

15 (iii) by adding at the end the fol16 lowing: 

17 ‘‘(II)(aa) The Director may secure directly 

18 from any agency information necessary to en19 able the Director to carry out this Act. Upon 

20 request of the Director, the head of such agency 

21 shall furnish that information to the Director. 

22 ‘‘(bb) The Director may require by sub23 poena the production of all information, docu24 ments, reports, answers, records, accounts, pa25 pers, and other data in any medium and docuVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00641 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
642 

HR 1 PCS

1 mentary evidence necessary in the performance 

2 of the functions assigned by this Act, which 

3 subpoena, in the case of refusal to obey, shall 

4 be enforceable by order of any appropriate 

5 United States district court.’’; 

6 (C) in subparagraph (B)(ii)(I)— 

7 (i) by striking ‘‘Subject to clause (iv) 

8 of this subparagraph, before’’ and insert9 ing ‘‘Before’’; and 

10 (ii) by striking ‘‘subparagraphs (A) 

11 (iii) or (iv)’’ and inserting ‘‘subparagraph 

12 (A)(iii)’’; 

13 (D) in subparagraph (B)(iii), by striking 

14 ‘‘Subject to clause (iv) of this subparagraph, 

15 before’’ and inserting ‘‘Before’’; and 

16 (E) in subparagraph (B)(iv)— 

17 (i) by striking ‘‘title 2’’ and inserting 

18 ‘‘title I’’; and 

19 (ii) by striking ‘‘section 206’’ and in20 serting ‘‘section 106’’; and 

21 (3) in paragraph (4), by striking ‘‘(iv),’’. 

22 (e) DEFINITIONS.—Section 402 of the Ethics in Gov23 ernment Act of 1978 (5 U.S.C. App.) is amended by add24 ing at the end the following: 

25 ‘‘(g) For purposes of this title— 


kjohnson on DSK79L0C42 with BILLS
643 

HR 1 PCS

1 ‘‘(1) the term ‘agency’ shall include the Execu2 tive Office of the President; and 

3 ‘‘(2) the term ‘officer or employee’ shall include 

4 any individual occupying a position, providing any 

5 official services, or acting in an advisory capacity, in 

6 the White House or the Executive Office of the 

7 President. 

8 ‘‘(h) In this title, a reference to the head of an agency 

9 shall include the President or the President’s designee. 

10 ‘‘(i) The Director shall not be required to obtain the 

11 prior approval, comment, or review of any officer or agen12 cy of the United States, including the Office of Manage13 ment and Budget, before submitting to Congress, or any 

14 committee or subcommittee thereof, any information, re15 ports, recommendations, testimony, or comments, if such 

16 submissions include a statement indicating that the views 

17 expressed therein are those of the Director and do not nec18 essarily represent the views of the President.’’. 

19 SEC. 8035. AGENCY ETHICS OFFICIALS TRAINING AND DU20 TIES. 

21 (a) IN GENERAL.—Section 403 of the Ethics in Gov22 ernment Act of 1978 (5 U.S.C. App.) is amended— 

23 (1) in subsection (a), by adding a period at the 

24 end of the matter following paragraph (2); and 

25 (2) by adding at the end the following: 


kjohnson on DSK79L0C42 with BILLS
644 

HR 1 PCS

1 ‘‘(c)(1) All designated agency ethics officials and al2 ternate designated agency ethics officials shall register 

3 with the Director as well as with the appointing authority 

4 of the official. 

5 ‘‘(2) The Director shall provide ethics education and 

6 training to all designated and alternate designated agency 

7 ethics officials in a time and manner deemed appropriate 

8 by the Director. 

9 ‘‘(3) Each designated agency ethics official and each 

10 alternate designated agency ethics official shall biannually 

11 attend ethics education and training, as provided by the 

12 Director under paragraph (2). 

13 ‘‘(d) Each Designated Agency Ethics Official, includ14 ing the Designated Agency Ethics Official for the Execu15 tive Office of the President— 

16 ‘‘(1) shall provide to the Director, in writing, in 

17 a searchable, sortable, and downloadable format, all 

18 approvals, authorizations, certifications, compliance 

19 reviews, determinations, directed divestitures, public 

20 financial disclosure reports, notices of deficiency in 

21 compliance, records related to the approval or ac22 ceptance of gifts, recusals, regulatory or statutory 

23 advisory opinions, waivers, including waivers under 

24 section 207 or 208 of title 18, United States Code, 


kjohnson on DSK79L0C42 with BILLS
645 

HR 1 PCS

1 and any other records designated by the Director, 

2 unless disclosure is prohibited by law; 

3 ‘‘(2) shall, for all information described in para4 graph (1) that is permitted to be disclosed to the 

5 public under law, make the information available to 

6 the public by publishing the information on the 

7 website of the Office of Government Ethics, pro8 viding a link to download an electronic copy of the 

9 information, or providing printed paper copies of 

10 such information to the public; and 

11 ‘‘(3) may charge a reasonable fee for the cost 

12 of providing paper copies of the information pursu13 ant to paragraph (2). 

14 ‘‘(e)(1) For all information that is provided by an 

15 agency to the Director under paragraph (1) of subsection 

16 (d), the Director shall make the information available to 

17 the public in a searchable, sortable, downloadable format 

18 by publishing the information on the website of the Office 

19 of Government Ethics or providing a link to download an 

20 electronic copy of the information. 

21 ‘‘(2) The Director may, upon request, provide printed 

22 paper copies of the information published under para23 graph (1) and charge a reasonable fee for the cost of print24 ing such copies.’’. 


kjohnson on DSK79L0C42 with BILLS
646 

HR 1 PCS

1 (b) REPEAL.—Section 408 of the Ethics in Govern2 ment Act of 1978 (5 U.S.C. App.) is hereby repealed. 

3 SEC. 8036. PROHIBITION ON USE OF FUNDS FOR CERTAIN 

4 FEDERAL EMPLOYEE TRAVEL IN CON5 TRAVENTION OF CERTAIN REGULATIONS. 

6 (a) IN GENERAL.—Beginning on the date of enact7 ment of this Act, no Federal funds appropriated or other8 wise made available in any fiscal year may be used for 

9 the travel expenses of any senior Federal official in con10 travention of sections 301–10.260 through 301–10.266 of 

11 title 41, Code of Federal Regulations, or any successor 

12 regulation. 

13 (b) QUARTERLY REPORT ON TRAVEL.— 

14 (1) IN GENERAL.—Not later than 90 days after 

15 the date of enactment of this Act and every 90 days 

16 thereafter, the head of each Federal agency shall 

17 submit a report to the Committee on Oversight and 

18 Reform of the House of Representatives and the 

19 Committee on Homeland Security and Governmental 

20 Affairs of the Senate detailing travel on Government 

21 aircraft by any senior Federal official employed at 

22 the applicable agency. 

23 (2) APPLICATION.—Any report required under 

24 paragraph (1) shall not include any classified travel, 

25 and nothing in this Act shall be construed to superVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00646 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
647 

HR 1 PCS

1 sede, alter, or otherwise affect the application of sec2 tion 101–37.408 of title 41, Code of Federal Regula3 tions, or any successor regulation. 

4 (c) TRAVEL REGULATION REPORT.—Not later than 

5 one year after enactment of this Act, the Director of the 

6 Office of Government Ethics shall submit a report to Con7 gress detailing suggestions on strengthening Federal trav8 el regulations. On the date such report is so submitted, 

9 the Director shall publish such report on the Office’s pub10 lic website. 

11 (d) DEFINITION OF SENIOR FEDERAL OFFICIAL.— 

12 In this Act, the term ‘‘senior Federal official’’ has the 

13 meaning given that term in section 101–37.100 of title 

14 41, Code of Federal Regulations, as in effect on the date 

15 of enactment of this Act, and includes any senior executive 

16 branch official (as that term is defined in such section). 

17 SEC. 8037. REPORTS ON COST OF PRESIDENTIAL TRAVEL. 

18 (a) REPORT REQUIRED.—Not later than 90 days 

19 after the date of the enactment of this Act, and every 90 

20 days thereafter, the Secretary of Defense, in consultation 

21 with the Secretary of the Air Force, shall submit to the 

22 Chairman and Ranking Member of the Committee on 

23 Armed Services of the House of Representatives a report 

24 detailing the direct and indirect costs to the Department 

25 of Defense in support of presidential travel. Each such reVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00647 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
648 

HR 1 PCS

1 port shall include costs incurred for travel to a property 

2 owned or operated by the individual serving as President 

3 or an immediate family member of such individual. 

4 (b) IMMEDIATE FAMILY MEMBER DEFINED.—In this 

5 section, the term ‘‘immediate family member’’ means the 

6 spouse of such individual, the adult or minor child of such 

7 individual, or the spouse of an adult child of such indi8 vidual. 

9 SEC. 8038. REPORTS ON COST OF SENIOR EXECUTIVE TRAV10 EL. 

11 (a) REPORTS ON SENIOR EXECUTIVE TRAVEL.—Not 

12 later than 90 days after the date of the enactment of this 

13 Act, and every 90 days thereafter, the Secretary of De14 fense shall submit to the Chairman and Ranking Member 

15 of the Committee on Armed Services of the House of Rep16 resentatives a report detailing the direct and indirect costs 

17 to the Department of Defense in support of travel by sen18 ior executive officials on military aircraft. Each such re19 port shall include whether spousal travel furnished by the 

20 Department was reimbursed to the Federal Government. 

21 (b) EXCEPTION.—Required use travel, as outlined in 

22 Department of Defense Directive 4500.56, shall not be in23 cluded in reports under subsection (a) 

24 (c) SENIOR EXECUTIVE OFFICIAL DEFINED.—In 

25 this section, the term ‘‘senior executive official’’ has the 


kjohnson on DSK79L0C42 with BILLS
649 

HR 1 PCS

1 meaning given the term ‘‘senior Federal official’’ in sec2 tion 101–37.100 of title 41, Code of Federal Regulations, 

3 as in effect on the date of enactment of this Act, and in4 cludes any senior executive branch official (as that term 

5 is defined in such section). 

6 Subtitle E—Conflicts From 

7 Political Fundraising 

8 SEC. 8041. SHORT TITLE. 

9 This subtitle may be cited as the ‘‘Conflicts from Po10 litical Fundraising Act of 2019’’. 

11 SEC. 8042. DISCLOSURE OF CERTAIN TYPES OF CONTRIBU12 TIONS. 

13 (a) DEFINITIONS.—Section 109 of the Ethics in Gov14 ernment Act of 1978 (5 U.S.C. App.) is amended— 

15 (1) by redesignating paragraphs (2) through 

16 (19) as paragraphs (5) through (22), respectively; 

17 and 

18 (2) by inserting after paragraph (1) the fol19 lowing: 

20 ‘‘(2) ‘covered contribution’ means a payment, 

21 advance, forbearance, rendering, or deposit of 

22 money, or any thing of value— 

23 ‘‘(A)(i) that— 

24 ‘‘(I) is— 


kjohnson on DSK79L0C42 with BILLS
650 

HR 1 PCS

1 ‘‘(aa) made by or on behalf of a 

2 covered individual; or 

3 ‘‘(bb) solicited in writing by or at 

4 the request of a covered individual; 

5 and 

6 ‘‘(II) is made— 

7 ‘‘(aa) to a political organization, 

8 as defined in section 527 of the Inter9 nal Revenue Code of 1986; or 

10 ‘‘(bb) to an organization— 

11 ‘‘(AA) that is described in 

12 paragraph (4) or (6) of section 

13 501(c) of the Internal Revenue 

14 Code of 1986 and exempt from 

15 tax under section 501(a) of such 

16 Code; and 

17 ‘‘(BB) that promotes or op18 poses changes in Federal laws or 

19 regulations that are (or would 

20 be) administered by the agency in 

21 which the covered individual has 

22 been nominated for appointment 

23 to a covered position or is serving 

24 in a covered position; or 

25 ‘‘(ii) that is— 


kjohnson on DSK79L0C42 with BILLS
651 

HR 1 PCS

1 ‘‘(I) solicited in writing by or on be2 half of a covered individual; and 

3 ‘‘(II) made— 

4 ‘‘(aa) by an individual or entity 

5 the activities of which are subject to 

6 Federal laws or regulations that are 

7 (or would be) administered by the 

8 agency in which the covered individual 

9 has been nominated for appointment 

10 to a covered position or is serving in 

11 a covered position; and 

12 ‘‘(bb) to— 

13 ‘‘(AA) a political organiza14 tion, as defined in section 527 of 

15 the Internal Revenue Code of 

16 1986; or 

17 ‘‘(BB) an organization that 

18 is described in paragraph (4) or 

19 (6) of section 501(c) of the Inter20 nal Revenue Code of 1986 and 

21 exempt from tax under section 

22 501(a) of such Code; and 

23 ‘‘(B) that is made to an organization de24 scribed in item (aa) or (bb) of clause (i)(II) or 

25 clause (ii)(II)(bb) of subparagraph (A) for 


kjohnson on DSK79L0C42 with BILLS
652 

HR 1 PCS

1 which the total amount of such payments, ad2 vances, forbearances, renderings, or deposits of 

3 money, or any thing of value, during the cal4 endar year in which it is made is not less than 

5 the contribution limitation in effect under sec6 tion 315(a)(1)(A) of the Federal Election Cam7 paign Act of 1971 (52 U.S.C. 30116(a)(1)(A)) 

8 for elections occurring during such calendar 

9 year; 

10 ‘‘(3) ‘covered individual’ means an individual 

11 who has been nominated or appointed to a covered 

12 position; and 

13 ‘‘(4) ‘covered position’— 

14 ‘‘(A) means— 

15 ‘‘(i) a position described under sec16 tions 5312 through 5316 of title 5, United 

17 States Code; 

18 ‘‘(ii) a position placed in level IV or V 

19 of the Executive Schedule under section 

20 5317 of title 5, United States Code; 

21 ‘‘(iii) a position as a limited term ap22 pointee, limited emergency appointee, or 

23 noncareer appointee in the Senior Execu24 tive Service, as defined under paragraphs 


kjohnson on DSK79L0C42 with BILLS
653 

HR 1 PCS

1 (5), (6), and (7), respectively, of section 

2 3132(a) of title 5, United States Code; and 

3 ‘‘(iv) a position in the executive 

4 branch of the Government of a confidential 

5 or policy-determining character under 

6 schedule C of subpart C of part 213 of 

7 title 5 of the Code of Federal Regulations; 

8 and 

9 ‘‘(B) does not include a position if the in10 dividual serving in the position has been ex11 cluded from the application of section 

12 101(f)(5);’’. 

13 (b) DISCLOSURE REQUIREMENTS.—The Ethics in 

14 Government Act of 1978 (5 U.S.C. App.) is amended— 

15 (1) in section 101— 

16 (A) in subsection (a)— 

17 (i) by inserting ‘‘(1)’’ before ‘‘With18 in’’; 

19 (ii) by striking ‘‘unless’’ and inserting 

20 ‘‘and, if the individual is assuming a cov21 ered position, the information described in 

22 section 102(j), except that, subject to para23 graph (2), the individual shall not be re24 quired to file a report if’’; and 


kjohnson on DSK79L0C42 with BILLS
654 

HR 1 PCS

1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(2) If an individual has left a position described in 

4 subsection (f) that is not a covered position and, within 

5 30 days, assumes a position that is a covered position, the 

6 individual shall, within 30 days of assuming the covered 

7 position, file a report containing the information described 

8 in section 102(j)(2)(A).’’; 

9 (B) in subsection (b)(1), in the first sen10 tence, by inserting ‘‘and the information re11 quired by section 102(j)’’ after ‘‘described in 

12 section 102(b)’’; 

13 (C) in subsection (d), by inserting ‘‘and, if 

14 the individual is serving in a covered position, 

15 the information required by section 

16 102(j)(2)(A)’’ after ‘‘described in section 

17 102(a)’’; and 

18 (D) in subsection (e), by inserting ‘‘and, if 

19 the individual was serving in a covered position, 

20 the information required by section 

21 102(j)(2)(A)’’ after ‘‘described in section 

22 102(a)’’; and 

23 (2) in section 102— 

24 (A) in subsection (g), by striking ‘‘Political 

25 campaign funds’’ and inserting ‘‘Except as proVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00654 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
655 

HR 1 PCS

1 vided in subsection (j), political campaign 

2 funds’’; and 

3 (B) by adding at the end the following: 

4 ‘‘(j)(1) In this subsection— 

5 ‘‘(A) the term ‘applicable period’ means— 

6 ‘‘(i) with respect to a report filed pursuant 

7 to subsection (a) or (b) of section 101, the year 

8 of filing and the 4 calendar years preceding the 

9 year of the filing; and 

10 ‘‘(ii) with respect to a report filed pursuant 

11 to subsection (d) or (e) of section 101, the pre12 ceding calendar year; and 

13 ‘‘(B) the term ‘covered gift’ means a gift that— 

14 ‘‘(i) is made to a covered individual, the 

15 spouse of a covered individual, or the dependent 

16 child of a covered individual; 

17 ‘‘(ii) is made by an entity described in item 

18 (aa) or (bb) of section 109(2)(A)(i)(II); and 

19 ‘‘(iii) would have been required to be re20 ported under subsection (a)(2) if the covered in21 dividual had been required to file a report 

22 under section 101(d) with respect to the cal23 endar year during which the gift was made. 

24 ‘‘(2)(A) A report filed pursuant to subsection (a), (b), 

25 (d), or (e) of section 101 by a covered individual shall inVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00655 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
656 

HR 1 PCS

1 clude, for each covered contribution during the applicable 

2 period— 

3 ‘‘(i) the date on which the covered contribution 

4 was made; 

5 ‘‘(ii) if applicable, the date or dates on which 

6 the covered contribution was solicited; 

7 ‘‘(iii) the value of the covered contribution; 

8 ‘‘(iv) the name of the person making the cov9 ered contribution; and 

10 ‘‘(v) the name of the person receiving the cov11 ered contribution. 

12 ‘‘(B)(i) Subject to clause (ii), a covered contribution 

13 made by or on behalf of, or that was solicited in writing 

14 by or on behalf of, a covered individual shall constitute 

15 a conflict of interest, or an appearance thereof, with re16 spect to the official duties of the covered individual. 

17 ‘‘(ii) The Director of the Office of Government Ethics 

18 may exempt a covered contribution from the application 

19 of clause (i) if the Director determines the circumstances 

20 of the solicitation and making of the covered contribution 

21 do not present a risk of a conflict of interest and the ex22 emption of the covered contribution would not affect ad23 versely the integrity of the Government or the public’s con24 fidence in the integrity of the Government. 


kjohnson on DSK79L0C42 with BILLS
657 

HR 1 PCS

1 ‘‘(3) A report filed pursuant to subsection (a) or (b) 

2 of section 101 by a covered individual shall include the 

3 information described in subsection (a)(2) with respect to 

4 each covered gift received during the applicable period.’’. 

5 (c) PROVISION OF REPORTS AND ETHICS AGREE6 MENTS TO CONGRESS.—Section 105 of the Ethics in Gov7 ernment Act of 1978 (5 U.S.C. App.) is amended by add8 ing at the end the following: 

9 ‘‘(e) Not later than 30 days after receiving a written 

10 request from the Chairman or Ranking Member of a com11 mittee or subcommittee of either House of Congress, the 

12 Director of the Office of Government Ethics shall provide 

13 to the Chairman and Ranking Member each report filed 

14 under this title by the covered individual and any ethics 

15 agreement entered into between the agency and the cov16 ered individual.’’. 

17 (d) RULES ON ETHICS AGREEMENTS.—The Director 

18 of the Office of Government Ethics shall promptly issue 

19 rules regarding how an agency in the executive branch 

20 shall address information required to be disclosed under 

21 the amendments made by this subtitle in drafting ethics 

22 agreements between the agency and individuals appointed 

23 to positions in the agency. 

24 (e) TECHNICAL AND CONFORMING AMENDMENTS.— 


kjohnson on DSK79L0C42 with BILLS
658 

HR 1 PCS

1 (1) The Ethics in Government Act of 1978 (5 

2 U.S.C. App.) is amended— 

3 (A) in section 101(f)— 

4 (i) in paragraph (9), by striking ‘‘sec5 tion 109(12)’’ and inserting ‘‘section 

6 109(15)’’; 

7 (ii) in paragraph (10), by striking 

8 ‘‘section 109(13)’’ and inserting ‘‘section 

9 109(16)’’; 

10 (iii) in paragraph (11), by striking 

11 ‘‘section 109(10)’’ and inserting ‘‘section 

12 109(13)’’; and 

13 (iv) in paragraph (12), by striking 

14 ‘‘section 109(8)’’ and inserting ‘‘section 

15 109(11)’’; 

16 (B) in section 103(l)— 

17 (i) in paragraph (9), by striking ‘‘sec18 tion 109(12)’’ and inserting ‘‘section 

19 109(15)’’; and 

20 (ii) in paragraph (10), by striking 

21 ‘‘section 109(13)’’ and inserting ‘‘section 

22 109(16)’’; and 

23 (C) in section 105(b)(3)(A), by striking 

24 ‘‘section 109(8) or 109(10)’’ and inserting ‘‘sec25 tion 109(11) or 109(13)’’. 


kjohnson on DSK79L0C42 with BILLS
659 

HR 1 PCS

1 (2) Section 3(4)(D) of the Lobbying Disclosure 

2 Act of 1995 (2 U.S.C. 1602(4)(D)) is amended by 

3 striking ‘‘section 109(13)’’ and inserting ‘‘section 

4 109(16)’’. 

5 (3) Section 21A of the Securities Exchange Act 

6 of 1934 (15 U.S.C. 78u–1) is amended— 

7 (A) in subsection (g)(2)(B)(ii), by striking 

8 ‘‘section 109(11) of the Ethics in Government 

9 Act of 1978 (5 U.S.C. App. 109(11)))’’ and in10 serting ‘‘section 109 of the Ethics in Govern11 ment Act of 1978 (5 U.S.C. App.))’’; and 

12 (B) in subsection (h)(2)— 

13 (i) in subparagraph (B), by striking 

14 ‘‘section 109(8) of the Ethics in Govern15 ment Act of 1978 (5 U.S.C. App. 109(8))’’ 

16 and inserting ‘‘section 109 of the Ethics in 

17 Government Act of 1978 (5 U.S.C. App.)’’; 

18 and 

19 (ii) in subparagraph (C), by striking 

20 ‘‘section 109(10) of the Ethics in Govern21 ment Act of 1978 (5 U.S.C. App. 

22 109(10))’’ and inserting ‘‘section 109 of 

23 the Ethics in Government Act of 1978 (5 

24 U.S.C. App.)’’. 


kjohnson on DSK79L0C42 with BILLS
660 

HR 1 PCS

1 (4) Section 499(j)(2) of the Public Health Serv2 ice Act (42 U.S.C. 290b(j)(2)) is amended by strik3 ing ‘‘section 109(16) of the Ethics in Government 

4 Act of 1978’’ and inserting ‘‘section 109 of the Eth5 ics in Government Act of 1978 (5 U.S.C. App.)’’. 

6 Subtitle F—Transition Team Ethics 

7 SEC. 8051. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Transition Team 

9 Ethics Improvement Act’’. 

10 SEC. 8052. PRESIDENTIAL TRANSITION ETHICS PROGRAMS. 

11 The Presidential Transition Act of 1963 (3 U.S.C. 

12 102 note) is amended— 

13 (1) in section 3(f), by adding at the end the fol14 lowing: 

15 ‘‘(3) Not later than 10 days after submitting an ap16 plication for a security clearance for any individual, and 

17 not later than 10 days after any such individual is granted 

18 a security clearance (including an interim clearance), each 

19 eligible candidate (as that term is described in subsection 

20 (h)(4)(A)) or the President-elect (as the case may be) shall 

21 submit a report containing the name of such individual 

22 to the Committee on Oversight and Reform of the House 

23 of Representatives and the Committee on Homeland Secu24 rity and Governmental Affairs of the Senate.’’; 

25 (2) in section 4— 


kjohnson on DSK79L0C42 with BILLS
661 

HR 1 PCS

1 (A) in subsection (a)— 

2 (i) in paragraph (3), by striking 

3 ‘‘and’’ at the end; 

4 (ii) by redesignating paragraph (4) as 

5 paragraph (5); and 

6 (iii) by inserting after paragraph (3) 

7 the following: 

8 ‘‘(4) the term ‘nonpublic information’— 

9 ‘‘(A) means information from the Federal 

10 Government that a transition team member ob11 tains as part of the employment of such mem12 ber that the member knows or reasonably 

13 should know has not been made available to the 

14 general public; and 

15 ‘‘(B) includes information that has not 

16 been released to the public that a transition 

17 team member knows or reasonably should 

18 know— 

19 ‘‘(i) is exempt from disclosure under 

20 section 552 of title 5, United States Code, 

21 or otherwise protected from disclosure by 

22 law; and 

23 ‘‘(ii) is not authorized by the appro24 priate agency or official to be released to 

25 the public; and’’; and 


kjohnson on DSK79L0C42 with BILLS
662 

HR 1 PCS

1 (B) in subsection (g)— 

2 (i) in paragraph (1), by striking ‘‘No3 vember’’ and inserting ‘‘October’’; and 

4 (ii) by adding at the end the fol5 lowing: 

6 ‘‘(3) ETHICS PLAN.— 

7 ‘‘(A) IN GENERAL.—Each memorandum of 

8 understanding under paragraph (1) shall in9 clude an agreement that the eligible candidate 

10 will implement and enforce an ethics plan to 

11 guide the conduct of the transition beginning on 

12 the date on which the eligible candidate be13 comes the President-elect. 

14 ‘‘(B) CONTENTS.—The ethics plan shall 

15 include, at a minimum— 

16 ‘‘(i) a description of the ethics re17 quirements that will apply to all transition 

18 team members, including specific require19 ments for transition team members who 

20 will have access to nonpublic or classified 

21 information; 

22 ‘‘(ii) a description of how the transi23 tion team will— 

24 ‘‘(I) address the role on the tran25 sition team of— 


kjohnson on DSK79L0C42 with BILLS
663 

HR 1 PCS

1 ‘‘(aa) registered lobbyists 

2 under the Lobbying Disclosure 

3 Act of 1995 (2 U.S.C. 1601 et 

4 seq.) and individuals who were 

5 formerly registered lobbyists 

6 under that Act; 

7 ‘‘(bb) persons registered 

8 under the Foreign Agents Reg9 istration Act, as amended (22 

10 U.S.C. 611 et seq.), foreign na11 tionals, and other foreign agents; 

12 and 

13 ‘‘(cc) transition team mem14 bers with sources of income or 

15 clients that are not disclosed to 

16 the public; 

17 ‘‘(II) prohibit a transition team 

18 member with personal financial con19 flicts of interest as described in sec20 tion 208 of title 18, United States 

21 Code, from working on particular 

22 matters involving specific parties that 

23 affect the interests of such member; 

24 and 


kjohnson on DSK79L0C42 with BILLS
664 

HR 1 PCS

1 ‘‘(III) address how the covered 

2 eligible candidate will address their 

3 own personal financial conflicts of in4 terest during a Presidential term if 

5 the covered eligible candidate becomes 

6 the President-elect; 

7 ‘‘(iii) a Code of Ethical Conduct, to 

8 which each transition team member will 

9 sign and be subject to, that reflects the 

10 content of the ethics plans under this para11 graph and at a minimum requires each 

12 transition team member to— 

13 ‘‘(I) seek authorization from 

14 transition team leaders or their des15 ignees before seeking, on behalf of the 

16 transition, access to any nonpublic in17 formation; 

18 ‘‘(II) keep confidential any non19 public information provided in the 

20 course of the duties of the member 

21 with the transition and exclusively use 

22 such information for the purposes of 

23 the transition; and 

24 ‘‘(III) not use any nonpublic in25 formation provided in the course of 


kjohnson on DSK79L0C42 with BILLS
665 

HR 1 PCS

1 transition duties, in any manner, for 

2 personal or private gain for the mem3 ber or any other party at any time 

4 during or after the transition; and 

5 ‘‘(iv) a description of how the transi6 tion team will enforce the Code of Ethical 

7 Conduct, including the names of the tran8 sition team members responsible for en9 forcement, oversight, and compliance. 

10 ‘‘(C) PUBLICLY AVAILABLE.—The transi11 tion team shall make the ethics plan described 

12 in this paragraph publicly available on the 

13 website of the General Services Administration 

14 the earlier of— 

15 ‘‘(i) the day on which the memo16 randum of understanding is completed; or 

17 ‘‘(ii) October 1.’’; and 

18 (3) in section 6(b)— 

19 (A) in paragraph (1)— 

20 (i) in subparagraph (A), by striking 

21 ‘‘and’’ at the end; 

22 (ii) in subparagraph (B), by striking 

23 the period at the end and inserting a semi24 colon; and 


kjohnson on DSK79L0C42 with BILLS
666 

HR 1 PCS

1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(C) a list of all positions each transition team 

4 member has held outside the Federal Government 

5 for the previous 12-month period, including paid and 

6 unpaid positions; 

7 ‘‘(D) sources of compensation for each transi8 tion team member exceeding $5,000 a year for the 

9 previous 12-month period; 

10 ‘‘(E) a description of the role of each transition 

11 team member, including a list of any policy issues 

12 that the member expects to work on, and a list of 

13 agencies the member expects to interact with, while 

14 serving on the transition team; 

15 ‘‘(F) a list of any issues from which each tran16 sition team member will be recused while serving as 

17 a member of the transition team pursuant to the 

18 transition team ethics plan outlined in section 

19 4(g)(3); and 

20 ‘‘(G) an affirmation that no transition team 

21 member has a financial conflict of interest that pre22 cludes the member from working on the matters de23 scribed in subparagraph (E).’’; 

24 (B) in paragraph (2), by inserting ‘‘not 

25 later than 2 business days’’ after ‘‘public’’; and 


kjohnson on DSK79L0C42 with BILLS
667 

HR 1 PCS

1 (C) by adding at the end the following: 

2 ‘‘(3) The head of a Federal department or agency, 

3 or their designee, shall not permit access to the Federal 

4 department or agency, or employees of such department 

5 or agency, that would not be provided to a member of the 

6 public for any transition team member who does not make 

7 the disclosures listed under paragraph (1).’’. 

8 Subtitle G—Ethics Pledge For Sen9 ior Executive Branch Employees 

10 SEC. 8061. SHORT TITLE. 

11 This subtitle may be cited as the ‘‘Ethics in Public 

12 Service Act’’. 

13 SEC. 8062. ETHICS PLEDGE REQUIREMENT FOR SENIOR EX14 ECUTIVE BRANCH EMPLOYEES. 

15 The Ethics in Government Act of 1978 (5 U.S.C. 

16 App. 101 et seq.) is amended by inserting after title I the 

17 following new title: 

18 ‘‘TITLE II—ETHICS PLEDGE 

19 ‘‘SEC. 201. DEFINITIONS. 

20 ‘‘For the purposes of this title, the following defini21 tions apply: 

22 ‘‘(1) The term ‘executive agency’ has the mean23 ing given that term in section 105 of title 5, United 

24 States Code, and includes the Executive Office of 

25 the President, the United States Postal Service, and 


kjohnson on DSK79L0C42 with BILLS
668 

HR 1 PCS

1 Postal Regulatory Commission, but does not include 

2 the Government Accountability Office. 

3 ‘‘(2) The term ‘appointee’ means any noncareer 

4 Presidential or Vice-Presidential appointee, non5 career appointee in the Senior Executive Service (or 

6 other SES-type system), or appointee to a position 

7 that has been excepted from the competitive service 

8 by reason of being of a confidential or policymaking 

9 character (Schedule C and other positions excepted 

10 under comparable criteria) in an executive agency, 

11 but does not include any individual appointed as a 

12 member of the Senior Foreign Service or solely as 

13 a uniformed service commissioned officer. 

14 ‘‘(3) The term ‘gift’— 

15 ‘‘(A) has the meaning given that term in 

16 section 2635.203(b) of title 5, Code of Federal 

17 Regulations (or any successor regulation); and 

18 ‘‘(B) does not include those items excluded 

19 by sections 2635.204(b), (c), (e)(1), (e)(3), (j), 

20 (k), and (l) of such title 5. 

21 ‘‘(4) The term ‘covered executive branch offi22 cial’ and ‘lobbyist’ have the meanings given those 

23 terms in section 3 of the Lobbying Disclosure Act of 

24 1995 (2 U.S.C. 1602). 


kjohnson on DSK79L0C42 with BILLS
669 

HR 1 PCS

1 ‘‘(5) The term ‘registered lobbyist or lobbying 

2 organization’ means a lobbyist or an organization fil3 ing a registration pursuant to section 4(a) of the 

4 Lobbying Disclosure Act of 1995 (2 U.S.C. 

5 1603(a)), and in the case of an organization filing 

6 such a registration, ‘registered lobbyist’ includes 

7 each of the lobbyists identified therein. 

8 ‘‘(6) The term ‘lobby’ and ‘lobbied’ mean to act 

9 or have acted as a registered lobbyist. 

10 ‘‘(7) The term ‘former employer’— 

11 ‘‘(A) means a person or entity for whom 

12 an appointee served as an employee, officer, di13 rector, trustee, partner, agent, attorney, con14 sultant, or contractor during the 2-year period 

15 ending on the date before the date on which the 

16 covered employee begins service in the Federal 

17 Government; and 

18 ‘‘(B) does not include— 

19 ‘‘(i) an agency or instrumentality of 

20 the Federal Government; 

21 ‘‘(ii) a State or local government; 

22 ‘‘(iii) the District of Columbia; 

23 ‘‘(iv) an Indian tribe, as defined in 

24 section 4 of the Indian Self-Determination 


kjohnson on DSK79L0C42 with BILLS
670 

HR 1 PCS

1 and Education Assistance Act (25 U.S.C. 

2 5304); or 

3 ‘‘(v) the government of a territory or 

4 possession of the United States. 

5 ‘‘(8) The term ‘former client’ means a person 

6 or entity for whom an appointee served personally as 

7 agent, attorney, or consultant during the 2-year pe8 riod ending on the date before the date on which the 

9 covered employee begins service in the Federal Gov10 ernment, but does not include an agency or instru11 mentality of the Federal Government; 

12 ‘‘(9) The term ‘directly and substantially re13 lated to my former employer or former clients’ 

14 means matters in which the appointee’s former em15 ployer or a former client is a party or represents a 

16 party. 

17 ‘‘(10) The term ‘participate’ means to partici18 pate personally and substantially. 

19 ‘‘(11) The term ‘post-employment restrictions’ 

20 includes the provisions and exceptions in section 

21 207(c) of title 18, United States Code, and the im22 plementing regulations. 

23 ‘‘(12) The term ‘Government official’ means 

24 any employee of the executive branch. 


kjohnson on DSK79L0C42 with BILLS
671 

HR 1 PCS

1 ‘‘(13) The term ‘Administration’ means all 

2 terms of office of the incumbent President serving at 

3 the time of the appointment of an appointee covered 

4 by this title. 

5 ‘‘(14) The term ‘pledge’ means the ethics 

6 pledge set forth in section 202 of this title. 

7 ‘‘(15) All references to provisions of law and 

8 regulations shall refer to such provisions as in effect 

9 on the date of enactment of this title. 

10 ‘‘SEC. 202. ETHICS PLEDGE. 

11 ‘‘Each appointee in every executive agency appointed 

12 on or after the date of enactment of this section shall be 

13 required to sign an ethics pledge upon appointment. The 

14 pledge shall be signed and dated within 30 days of taking 

15 office and shall include, at a minimum, the following ele16 ments: 

17 ‘‘ ‘As a condition, and in consideration, of my employ18 ment in the United States Government in a position in19 vested with the public trust, I commit myself to the fol20 lowing obligations, which I understand are binding on me 

21 and are enforceable under law: 

22 ‘‘ ‘(1) Lobbyist Gift Ban.—I will not accept 

23 gifts from registered lobbyists or lobbying organiza24 tions for the duration of my service as an appointee. 


kjohnson on DSK79L0C42 with BILLS
672 

HR 1 PCS

1 ‘‘ ‘(2) Revolving Door Ban; Entering Govern2 ment.— 

3 ‘‘ ‘(A) All Appointees Entering Govern4 ment.—I will not, for a period of 2 years from 

5 the date of my appointment, participate in any 

6 particular matter involving specific party or 

7 parties that is directly and substantially related 

8 to my former employer or former clients, in9 cluding regulations and contracts. 

10 ‘‘ ‘(B) Lobbyists Entering Government.—If 

11 I was a registered lobbyist within the 2 years 

12 before the date of my appointment, in addition 

13 to abiding by the limitations of subparagraph 

14 (A), I will not for a period of 2 years after the 

15 date of my appointment: 

16 ‘‘ ‘(i) participate in any particular 

17 matter on which I lobbied within the 2 

18 years before the date of my appointment; 

19 ‘‘ ‘(ii) participate in the specific issue 

20 area in which that particular matter falls; 

21 or 

22 ‘‘ ‘(iii) seek or accept employment with 

23 any executive agency that I lobbied within 

24 the 2 years before the date of my appoint25 ment. 


kjohnson on DSK79L0C42 with BILLS
673 

HR 1 PCS

1 ‘‘ ‘(3) Revolving Door Ban; Appointees Leaving 

2 Government.— 

3 ‘‘ ‘(A) All Appointees Leaving Govern4 ment.—If, upon my departure from the Govern5 ment, I am covered by the post-employment re6 strictions on communicating with employees of 

7 my former executive agency set forth in section 

8 207(c) of title 18, United States Code, I agree 

9 that I will abide by those restrictions for a pe10 riod of 2 years following the end of my appoint11 ment. 

12 ‘‘ ‘(B) Appointees Leaving Government to 

13 Lobby.—In addition to abiding by the limita14 tions of subparagraph (A), I also agree, upon 

15 leaving Government service, not to lobby any 

16 covered executive branch official or noncareer 

17 Senior Executive Service appointee for the re18 mainder of the Administration. 

19 ‘‘ ‘(4) Employment Qualification Commit20 ment.—I agree that any hiring or other employment 

21 decisions I make will be based on the candidate’s 

22 qualifications, competence, and experience. 

23 ‘‘ ‘(5) Assent to Enforcement.—I acknowledge 

24 that title II of the Ethics in Government Act of 

25 1978, which I have read before signing this docuVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00673 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
674 

HR 1 PCS

1 ment, defines certain of the terms applicable to the 

2 foregoing obligations and sets forth the methods for 

3 enforcing them. I expressly accept the provisions of 

4 that title as a part of this agreement and as binding 

5 on me. I understand that the terms of this pledge 

6 are in addition to any statutory or other legal re7 strictions applicable to me by virtue of Federal Gov8 ernment service.’ ’’. 

9 ‘‘SEC. 203. WAIVER. 

10 ‘‘(a) The President or the President’s designee may 

11 grant to any current or former appointee a written waiver 

12 of any restrictions contained in the pledge signed by such 

13 appointee if, and to the extent that, the President or the 

14 President’s designee certifies (in writing) that, in light of 

15 all the relevant circumstances, the interest of the Federal 

16 Government in the employee’s participation outweighs the 

17 concern that a reasonable person may question the integ18 rity of the agency’s programs or operations. 

19 ‘‘(b) Any waiver under this section shall take effect 

20 when the certification is signed by the President or the 

21 President’s designee. 

22 ‘‘(c) For purposes of subsection (a)(2), the public in23 terest shall include exigent circumstances relating to na24 tional security or to the economy. De minimis contact with 


kjohnson on DSK79L0C42 with BILLS
675 

HR 1 PCS

1 an executive agency shall be cause for a waiver of the re2 strictions contained in paragraph (2)(B) of the pledge. 

3 ‘‘(d) For any waiver granted under this section, the 

4 individual who granted the waiver shall— 

5 ‘‘(1) provide a copy of the waiver to the Direc6 tor not less than 48 hours after the waiver is grant7 ed; and 

8 ‘‘(2) publish the waiver on the website of the 

9 applicable agency within 30 calendar days after 

10 granting such waiver. 

11 ‘‘(e) Upon receiving a written waiver under sub12 section (d), the Director shall— 

13 ‘‘(1) review the waiver to determine whether the 

14 Director has any objection to the issuance of the 

15 waiver; and 

16 ‘‘(2) if the Director so objects— 

17 ‘‘(A) provide reasons for the objection in 

18 writing to the head of the agency who granted 

19 the waiver not less than 15 calendar days after 

20 the waiver was granted; and 

21 ‘‘(B) publish the written objection on the 

22 website of the Office of Government Ethics not 

23 less than 30 calendar days after the waiver was 

24 granted. 


kjohnson on DSK79L0C42 with BILLS
676 

HR 1 PCS

1 ‘‘SEC. 204. ADMINISTRATION. 

2 ‘‘(a) The head of each executive agency shall, in con3 sultation with the Director of the Office of Government 

4 Ethics, establish such rules or procedures (conforming as 

5 nearly as practicable to the agency’s general ethics rules 

6 and procedures, including those relating to designated 

7 agency ethics officers) as are necessary or appropriate to 

8 ensure— 

9 ‘‘(1) that every appointee in the agency signs 

10 the pledge upon assuming the appointed office or 

11 otherwise becoming an appointee; 

12 ‘‘(2) that compliance with paragraph (2)(B) of 

13 the pledge is addressed in a written ethics agree14 ment with each appointee to whom it applies; 

15 ‘‘(3) that spousal employment issues and other 

16 conflicts not expressly addressed by the pledge are 

17 addressed in ethics agreements with appointees or, 

18 where no such agreements are required, through eth19 ics counseling; and 

20 ‘‘(4) compliance with this title within the agen21 cy. 

22 ‘‘(b) With respect to the Executive Office of the 

23 President, the duties set forth in subsection (a) shall be 

24 the responsibility of the Counsel to the President. 

25 ‘‘(c) The Director of the Office of Government Ethics 

26 shall— 


kjohnson on DSK79L0C42 with BILLS
677 

HR 1 PCS

1 ‘‘(1) ensure that the pledge and a copy of this 

2 title are made available for use by agencies in ful3 filling their duties under subsection (a); 

4 ‘‘(2) in consultation with the Attorney General 

5 or the Counsel to the President, when appropriate, 

6 assist designated agency ethics officers in providing 

7 advice to current or former appointees regarding the 

8 application of the pledge; 

9 ‘‘(3) adopt such rules or procedures as are nec10 essary or appropriate— 

11 ‘‘(A) to carry out the responsibilities as12 signed by this subsection; 

13 ‘‘(B) to apply the lobbyist gift ban set 

14 forth in paragraph 1 of the pledge to all execu15 tive branch employees; 

16 ‘‘(C) to authorize limited exceptions to the 

17 lobbyist gift ban for circumstances that do not 

18 implicate the purposes of the ban; 

19 ‘‘(D) to make clear that no person shall 

20 have violated the lobbyist gift ban if the person 

21 properly disposes of a gift; 

22 ‘‘(E) to ensure that existing rules and pro23 cedures for Government employees engaged in 

24 negotiations for future employment with private 

25 businesses that are affected by their official acVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00677 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
678 

HR 1 PCS

1 tions do not affect the integrity of the Govern2 ment’s programs and operations; and 

3 ‘‘(F) to ensure, in consultation with the 

4 Director of the Office of Personnel Manage5 ment, that the requirement set forth in para6 graph (4) of the pledge is honored by every em7 ployee of the executive branch; 

8 ‘‘(4) in consultation with the Director of the 

9 Office of Management and Budget, report to the 

10 President, the Committee on Oversight and Reform 

11 of the House of Representatives, and the Committee 

12 on Homeland Security and Governmental Affairs of 

13 the Senate on whether full compliance is being 

14 achieved with existing laws and regulations gov15 erning executive branch procurement lobbying disclo16 sure and on steps the executive branch can take to 

17 expand to the fullest extent practicable disclosure of 

18 such executive branch procurement lobbying and of 

19 lobbying for presidential pardons, and to include in 

20 the report both immediate action the executive 

21 branch can take and, if necessary, recommendations 

22 for legislation; and 

23 ‘‘(5) provide an annual public report on the ad24 ministration of the pledge and this title. 


kjohnson on DSK79L0C42 with BILLS
679 

HR 1 PCS

1 ‘‘(d) All pledges signed by appointees, and all waiver 

2 certifications with respect thereto, shall be filed with the 

3 head of the appointee’s agency for permanent retention 

4 in the appointee’s official personnel folder or equivalent 

5 folder.’’. 

6 Subtitle H—Travel on Private Air7 craft by Senior Political Ap8 pointees 

9 SEC. 8071. SHORT TITLE. 

10 This subtitle may be cited as the ‘‘Stop Waste And 

11 Misuse by Presidential Flyers Landing Yet Evading Rules 

12 and Standards’’ or the ‘‘SWAMP FLYERS’’. 

13 SEC. 8072. PROHIBITION ON USE OF FUNDS FOR TRAVEL 

14 ON PRIVATE AIRCRAFT. 

15 (a) IN GENERAL.—Beginning on the date of enact16 ment of this subtitle, no Federal funds appropriated or 

17 otherwise made available in any fiscal year may be used 

18 to pay the travel expenses of any senior political appointee 

19 for travel on official business on a non-commercial, pri20 vate, or chartered flight. 

21 (b) EXCEPTIONS.—The limitation in subsection (a) 

22 shall not apply— 

23 (1) if no commercial flight was available for the 

24 travel in question, consistent with subsection (c); or 


kjohnson on DSK79L0C42 with BILLS
680 

HR 1 PCS

1 (2) to any travel on aircraft owned or leased by 

2 the Government. 

3 (c) CERTIFICATION.— 

4 (1) IN GENERAL.—Any senior political ap5 pointee who travels on a non-commercial, private, or 

6 chartered flight under the exception provided in sub7 section (b)(1) shall, not later than 30 days after the 

8 date of such travel, submit a written statement to 

9 Congress certifying that no commercial flight was 

10 available. 

11 (2) PENALTY.—Any statement submitted under 

12 paragraph (1) shall be considered a statement for 

13 purposes of applying section 1001 of title 18, United 

14 States Code. 

15 (d) DEFINITION OF SENIOR POLITICAL AP16 POINTEE.—In this subtitle, the term ‘‘senior political ap17 pointee’’ means any individual occupying— 

18 (1) a position listed under the Executive Sched19 ule (subchapter II of chapter 53 of title 5, United 

20 States Code); 

21 (2) a Senior Executive Service position that is 

22 not a career appointee as defined under section 

23 3132(a)(4) of such title; or 


kjohnson on DSK79L0C42 with BILLS
681 

HR 1 PCS

1 (3) a position of a confidential or policy-deter2 mining character under schedule C of subpart C of 

3 part 213 of title 5, Code of Federal Regulations. 

4 Subtitle I—Severability 

5 SEC. 8081. SEVERABILITY. 

6 If any provision of this title or any amendment made 

7 by this title, or any application of such provision or 

8 amendment to any person or circumstance, is held to be 

9 unconstitutional, the remainder of the provisions of this 

10 title and the amendments made by this title, and the appli11 cation of the provision or amendment to any other person 

12 or circumstance, shall not be affected. 

13 TITLE IX—CONGRESSIONAL 

14 ETHICS REFORM 

Subtitle A—Requiring Members of Congress to Reimburse Treasury for 

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

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

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

acts by Members. 

Subtitle B—Conflicts of Interests 

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

boards of for-profit entities. 

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

staff. 

Sec. 9103. Exercise of rulemaking powers. 

Subtitle C—Campaign Finance and Lobbying Disclosure 

Sec. 9201. Short title. 

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

Commission of persons who are registered lobbyists. 

Sec. 9203. Effective date. 

Subtitle D—Access to Congressionally Mandated Reports 


kjohnson on DSK79L0C42 with BILLS
682 

HR 1 PCS

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. 

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)), as amended by section 

16 111(a) of the Congressional Accountability Act of 1995 

17 Reform Act, is amended to read as follows: 


kjohnson on DSK79L0C42 with BILLS
683 

HR 1 PCS

1 ‘‘(i) a violation of section 201(a) or 

2 section 206(a); or’’. 

3 (b) CONFORMING AMENDMENT RELATING TO NOTI4 FICATION OF POSSIBILITY OF REIMBURSEMENT.—Clause 

5 (i) of section 402(b)(2)(B) of the Congressional Account6 ability Act of 1995 (2 U.S.C. 1402(b)(2)(B)), as amended 

7 by section 102(a) of the Congressional Accountability Act 

8 of 1995 Reform Act, is amended to read as follows: 

9 ‘‘(i) a violation of section 201(a) or 

10 section 206(a); or’’. 

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

12 this section shall take effect as if included in the enact13 ment of the Congressional Accountability Act of 1995 Re14 form Act. 

15 Subtitle B—Conflicts of Interests 

16 SEC. 9101. PROHIBITING MEMBERS OF HOUSE OF REP17 RESENTATIVES FROM SERVING ON BOARDS 

18 OF FOR-PROFIT ENTITIES. 

19 Rule XXIII of the Rules of the House of Representa20 tives is amended— 

21 (1) by redesignating clause 19 as clause 20; 

22 and 

23 (2) by inserting after clause 18 the following 

24 new clause: 


kjohnson on DSK79L0C42 with BILLS
684 

HR 1 PCS

1 ‘‘9. A Member, Delegate, or Resident Commissioner 

2 may not serve on the board of directors of any for-profit 

3 entity.’’. 

4 SEC. 9102. CONFLICT OF INTEREST RULES FOR MEMBERS 

5 OF CONGRESS AND CONGRESSIONAL STAFF. 

6 No Member, officer, or employee of a committee or 

7 Member of either House of Congress may knowingly use 

8 his or her official position to introduce or aid the progress 

9 or passage of legislation, a principal purpose of which is 

10 to further only his or her pecuniary interest, only the pecu11 niary interest of his or her immediate family, or only the 

12 pecuniary interest of a limited class of persons or enter13 prises, when he or she, or his or her immediate family, 

14 or enterprises controlled by them, are members of the af15 fected class. 

16 SEC. 9103. EXERCISE OF RULEMAKING POWERS. 

17 The provisions of this subtitle are enacted by the 

18 Congress— 

19 (1) as an exercise of the rulemaking power of 

20 the House of Representatives and the Senate, re21 spectively, and as such they shall be considered as 

22 part of the rules of each House, respectively, or of 

23 that House to which they specifically apply, and 

24 such rules shall supersede other rules only to the ex25 tent that they are inconsistent therewith; and 


kjohnson on DSK79L0C42 with BILLS
685 

HR 1 PCS

1 (2) with full recognition of the constitutional 

2 right of either House to change such rules (so far 

3 as relating to such House) at any time, in the same 

4 manner, and to the same extent as in the case of 

5 any other rule of such House. 

6 Subtitle C—Campaign Finance and 

7 Lobbying Disclosure 

8 SEC. 9201. SHORT TITLE. 

9 This subtitle may be cited as the ‘‘Connecting Lobby10 ists and Electeds for Accountability and Reform Act’’ or 

11 the ‘‘CLEAR Act’’. 

12 SEC. 9202. REQUIRING DISCLOSURE IN CERTAIN REPORTS 

13 FILED WITH FEDERAL ELECTION COMMIS14 SION OF PERSONS WHO ARE REGISTERED 

15 LOBBYISTS. 

16 (a) REPORTS FILED BY POLITICAL COMMITTEES.— 

17 Section 304(b) of the Federal Election Campaign Act of 

18 1971 (52 U.S.C. 30104(b)) is amended— 

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

20 (7); 

21 (2) by striking the period at the end of para22 graph (8) and inserting ‘‘; and’’; and 

23 (3) by adding at the end the following new 

24 paragraph: 


kjohnson on DSK79L0C42 with BILLS
686 

HR 1 PCS

1 ‘‘(9) if any person identified in subparagraph 

2 (A), (E), (F), or (G) of paragraph (3) is a registered 

3 lobbyist under the Lobbying Disclosure Act of 1995, 

4 a separate statement that such person is a reg5 istered lobbyist under such Act.’’. 

6 (b) REPORTS FILED BY PERSONS MAKING INDE7 PENDENT EXPENDITURES.—Section 304(c)(2) of such 

8 Act (52 U.S.C. 30104(c)(2)) is amended— 

9 (1) by striking ‘‘and’’ at the end of subpara10 graph (B); 

11 (2) by striking the period at the end of sub12 paragraph (C) and inserting ‘‘; and’’; and 

13 (3) by adding at the end the following new sub14 paragraph: 

15 ‘‘(D) if the person filing the statement, or a 

16 person whose identification is required to be dis17 closed under subparagraph (C), is a registered lob18 byist under the Lobbying Disclosure Act of 1995, a 

19 separate statement that such person is a registered 

20 lobbyist under such Act.’’. 

21 (c) REPORTS FILED BY PERSONS MAKING DIS22 BURSEMENTS FOR ELECTIONEERING COMMUNICA23 TIONS.—Section 304(f)(2) of such Act (52 U.S.C. 

24 30104(f)(2)) is amended by adding at the end the fol25 lowing new subparagraph: 


kjohnson on DSK79L0C42 with BILLS
687 

HR 1 PCS

1 ‘‘(G) If the person making the disburse2 ment, or a contributor described in subpara3 graph (E) or (F), is a registered lobbyist under 

4 the Lobbying Disclosure Act of 1995, a sepa5 rate statement that such person or contributor 

6 is a registered lobbyist under such Act.’’. 

7 (d) REQUIRING COMMISSION TO ESTABLISH LINK TO

8 WEBSITES OF CLERK OF HOUSE AND SECRETARY OF

9 SENATE.—Section 304 of such Act (52 U.S.C. 30104), 

10 as amended by section 4308(a), is amended by adding at 

11 the end the following new subsection: 

12 ‘‘(k) REQUIRING INFORMATION ON REGISTERED

13 LOBBYISTS TO BE LINKED TO WEBSITES OF CLERK OF

14 HOUSE AND SECRETARY OF SENATE.— 

15 ‘‘(1) LINKS TO WEBSITES.—The Commission 

16 shall ensure that the Commission’s public database 

17 containing information described in paragraph (2) is 

18 linked electronically to the websites maintained by 

19 the Secretary of the Senate and the Clerk of the 

20 House of Representatives containing information 

21 filed pursuant to the Lobbying Disclosure Act of 

22 1995. 

23 ‘‘(2) INFORMATION DESCRIBED.—The informa24 tion described in this paragraph is each of the fol25 lowing: 


kjohnson on DSK79L0C42 with BILLS
688 

HR 1 PCS

1 ‘‘(A) Information disclosed under para2 graph (9) of subsection (b). 

3 ‘‘(B) Information disclosed under subpara4 graph (D) of subsection (c)(2). 

5 ‘‘(C) Information disclosed under subpara6 graph (G) of subsection (f)(2).’’. 

7 SEC. 9203. EFFECTIVE DATE. 

8 The amendments made by this subtitle shall apply 

9 with respect to reports required to be filed under the Fed10 eral Election Campaign Act of 1971 on or after the expira11 tion of the 90-day period which begins on the date of the 

12 enactment of this Act. 

13 Subtitle D—Access to 

14 Congressionally Mandated Reports 

15 SEC. 9301. SHORT TITLE. 

16 This subtitle may be cited as the ‘‘Access to Congres17 sionally Mandated Reports Act’’. 

18 SEC. 9302. DEFINITIONS. 

19 In this subtitle: 

20 (1) CONGRESSIONALLY MANDATED REPORT.— 

21 The term ‘‘congressionally mandated report’’— 

22 (A) means a report that is required to be 

23 submitted to either House of Congress or any 

24 committee of Congress, or subcommittee there25 of, by a statute, resolution, or conference report 


kjohnson on DSK79L0C42 with BILLS
689 

HR 1 PCS

1 that accompanies legislation enacted into law; 

2 and 

3 (B) does not include a report required 

4 under part B of subtitle II of title 36, United 

5 States Code. 

6 (2) DIRECTOR.—The term ‘‘Director’’ means 

7 the Director of the Government Publishing Office. 

8 (3) FEDERAL AGENCY.—The term ‘‘Federal 

9 agency’’ has the meaning given that term under sec10 tion 102 of title 40, United States Code, but does 

11 not include the Government Accountability Office. 

12 (4) OPEN FORMAT.—The term ‘‘open format’’ 

13 means a file format for storing digital data based on 

14 an underlying open standard that— 

15 (A) is not encumbered by any restrictions 

16 that would impede reuse; and 

17 (B) is based on an underlying open data 

18 standard that is maintained by a standards or19 ganization. 

20 (5) REPORTS ONLINE PORTAL.—The term ‘‘re21 ports online portal’’ means the online portal estab22 lished under section (3)(a). 


kjohnson on DSK79L0C42 with BILLS
690 

HR 1 PCS

1 SEC. 9303. ESTABLISHMENT OF ONLINE PORTAL FOR CON2 GRESSIONALLY MANDATED REPORTS. 

3 (a) REQUIREMENT TO ESTABLISH ONLINE POR4 TAL.— 

5 (1) IN GENERAL.—Not later than 1 year after 

6 the date of enactment of this Act, the Director shall 

7 establish and maintain an online portal accessible by 

8 the public that allows the public to obtain electronic 

9 copies of all congressionally mandated reports in one 

10 place. The Director may publish other reports on the 

11 online portal. 

12 (2) EXISTING FUNCTIONALITY.—To the extent 

13 possible, the Director shall meet the requirements 

14 under paragraph (1) by using existing online portals 

15 and functionality under the authority of the Direc16 tor. 

17 (3) CONSULTATION.—In carrying out this sub18 title, the Director shall consult with the Clerk of the 

19 House of Representatives, the Secretary of the Sen20 ate, and the Librarian of Congress regarding the re21 quirements for and maintenance of congressionally 

22 mandated reports on the reports online portal. 

23 (b) CONTENT AND FUNCTION.—The Director shall 

24 ensure that the reports online portal includes the fol25 lowing: 


kjohnson on DSK79L0C42 with BILLS
691 

HR 1 PCS

1 (1) Subject to subsection (c), with respect to 

2 each congressionally mandated report, each of the 

3 following: 

4 (A) A citation to the statute, conference 

5 report, or resolution requiring the report. 

6 (B) An electronic copy of the report, in7 cluding any transmittal letter associated with 

8 the report, in an open format that is platform 

9 independent and that is available to the public 

10 without restrictions, including restrictions that 

11 would impede the re-use of the information in 

12 the report. 

13 (C) The ability to retrieve a report, to the 

14 extent practicable, through searches based on 

15 each, and any combination, of the following: 

16 (i) The title of the report. 

17 (ii) The reporting Federal agency. 

18 (iii) The date of publication. 

19 (iv) Each congressional committee re20 ceiving the report, if applicable. 

21 (v) The statute, resolution, or con22 ference report requiring the report. 

23 (vi) Subject tags. 


kjohnson on DSK79L0C42 with BILLS
692 

HR 1 PCS

1 (vii) A unique alphanumeric identifier 

2 for the report that is consistent across re3 port editions. 

4 (viii) The serial number, Super5 intendent of Documents number, or other 

6 identification number for the report, if ap7 plicable. 

8 (ix) Key words. 

9 (x) Full text search. 

10 (xi) Any other relevant information 

11 specified by the Director. 

12 (D) The date on which the report was re13 quired to be submitted, and on which the report 

14 was submitted, to the reports online portal. 

15 (E) Access to the report not later than 30 

16 calendar days after its submission to Congress. 

17 (F) To the extent practicable, a permanent 

18 means of accessing the report electronically. 

19 (2) A means for bulk download of all congres20 sionally mandated reports. 

21 (3) A means for downloading individual reports 

22 as the result of a search. 

23 (4) An electronic means for the head of each 

24 Federal agency to submit to the reports online porVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00692 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
693 

HR 1 PCS

1 tal each congressionally mandated report of the 

2 agency, as required by section 4. 

3 (5) In tabular form, a list of all congressionally 

4 mandated reports that can be searched, sorted, and 

5 downloaded by— 

6 (A) reports submitted within the required 

7 time; 

8 (B) reports submitted after the date on 

9 which such reports were required to be sub10 mitted; and 

11 (C) reports not submitted. 

12 (c) NONCOMPLIANCE BY FEDERAL AGENCIES.— 

13 (1) REPORTS NOT SUBMITTED.—If a Federal 

14 agency does not submit a congressionally mandated 

15 report to the Director, the Director shall to the ex16 tent practicable— 

17 (A) include on the reports online portal— 

18 (i) the information required under 

19 clauses (i), (ii), (iv), and (v) of subsection 

20 (b)(1)(C); and 

21 (ii) the date on which the report was 

22 required to be submitted; and 

23 (B) include the congressionally mandated 

24 report on the list described in subsection 

25 (b)(5)(C). 


kjohnson on DSK79L0C42 with BILLS
694 

HR 1 PCS

1 (2) REPORTS NOT IN OPEN FORMAT.—If a Fed2 eral agency submits a congressionally mandated re3 port that is not in an open format, the Director shall 

4 include the congressionally mandated report in an5 other format on the reports online portal. 

6 (d) FREE ACCESS.—The Director may not charge a 

7 fee, require registration, or impose any other limitation 

8 in exchange for access to the reports online portal. 

9 (e) UPGRADE CAPABILITY.—The reports online por10 tal shall be enhanced and updated as necessary to carry 

11 out the purposes of this subtitle. 

12 SEC. 9304. FEDERAL AGENCY RESPONSIBILITIES. 

13 (a) SUBMISSION OF ELECTRONIC COPIES OF RE14 PORTS.—Concurrently with the submission to Congress of 

15 each congressionally mandated report, the head of the 

16 Federal agency submitting the congressionally mandated 

17 report shall submit to the Director the information re18 quired under subparagraphs (A) through (D) of section 

19 3(b)(1) with respect to the congressionally mandated re20 port. Nothing in this subtitle shall relieve a Federal agen21 cy of any other requirement to publish the congressionally 

22 mandated report on the online portal of the Federal agen23 cy or otherwise submit the congressionally mandated re24 port to Congress or specific committees of Congress, or 

25 subcommittees thereof. 


kjohnson on DSK79L0C42 with BILLS
695 

HR 1 PCS

1 (b) GUIDANCE.—Not later than 240 days after the 

2 date of enactment of this Act, the Director of the Office 

3 of Management and Budget, in consultation with the Di4 rector, shall issue guidance to agencies on the implementa5 tion of this Act. 

6 (c) STRUCTURE OF SUBMITTED REPORT DATA.— 

7 The head of each Federal agency shall ensure that each 

8 congressionally mandated report submitted to the Director 

9 complies with the open format criteria established by the 

10 Director in the guidance issued under subsection (b). 

11 (d) POINT OF CONTACT.—The head of each Federal 

12 agency shall designate a point of contact for congression13 ally mandated report. 

14 (e) LIST OF REPORTS.—As soon as practicable each 

15 calendar year (but not later than April 1), and on a rolling 

16 basis during the year if feasible, the Librarian of Congress 

17 shall submit to the Director a list of congressionally man18 dated reports from the previous calendar year, in consulta19 tion with the Clerk of the House of Representatives, which 

20 shall— 

21 (1) be provided in an open format; 

22 (2) include the information required under 

23 clauses (i), (ii), (iv), (v) of section 3(b)(1)(C) for 

24 each report; 

25 (3) include the frequency of the report; 


kjohnson on DSK79L0C42 with BILLS
696 

HR 1 PCS

1 (4) include a unique alphanumeric identifier for 

2 the report that is consistent across report editions; 

3 (5) include the date on which each report is re4 quired to be submitted; and 

5 (6) be updated and provided to the Director, as 

6 necessary. 

7 SEC. 9305. REMOVING AND ALTERING REPORTS. 

8 A report submitted to be published to the reports on9 line portal may only be changed or removed, with the ex10 ception of technical changes, by the head of the Federal 

11 agency concerned if— 

12 (1) the head of the Federal agency consults 

13 with each congressional committee to which the re14 port is submitted; and 

15 (2) Congress enacts a joint resolution author16 izing the changing or removal of the report. 

17 SEC. 9306. RELATIONSHIP TO THE FREEDOM OF INFORMA18 TION ACT. 

19 (a) IN GENERAL.—Nothing in this subtitle shall be 

20 construed to— 

21 (1) require the disclosure of information or 

22 records that are exempt from public disclosure under 

23 section 552 of title 5, United States Code; or 

24 (2) to impose any affirmative duty on the Di25 rector to review congressionally mandated reports 


kjohnson on DSK79L0C42 with BILLS
697 

HR 1 PCS

1 submitted for publication to the reports online portal 

2 for the purpose of identifying and redacting such in3 formation or records. 

4 (b) REDACTION OF INFORMATION.—The head of a 

5 Federal agency may redact information required to be dis6 closed under this Act if the information would be properly 

7 withheld from disclosure under section 552 of title 5, 

8 United States Code, and shall— 

9 (1) redact information required to be disclosed 

10 under this subtitle if disclosure of such information 

11 is prohibited by law; 

12 (2) redact information being withheld under 

13 this subsection prior to submitting the information 

14 to the Director; 

15 (3) redact only such information properly with16 held under this subsection from the submission of 

17 information or from any congressionally mandated 

18 report submitted under this subtitle; 

19 (4) identify where any such redaction is made 

20 in the submission or report; and 

21 (5) identify the exemption under which each 

22 such redaction is made. 

23 SEC. 9307. IMPLEMENTATION. 

24 Except as provided in section 9304(b), this subtitle 

25 shall be implemented not later than 1 year after the date 


kjohnson on DSK79L0C42 with BILLS
698 

HR 1 PCS

1 of enactment of this Act and shall apply with respect to 

2 congressionally mandated reports submitted to Congress 

3 on or after the date that is 1 year after such date of enact4 ment. 

5 Subtitle E—Reports on Outside 

6 Compensation Earned by Con7 gressional Employees 

8 SEC. 9401. REPORTS ON OUTSIDE COMPENSATION EARNED 

9 BY CONGRESSIONAL EMPLOYEES. 

10 (a) REPORTS.—The supervisor of an individual who 

11 performs services for any Member, committee, or other of12 fice of the Senate or House of Representatives for a period 

13 in excess of four weeks and who receives compensation 

14 therefor from any source other than the Federal Govern15 ment shall submit a report identifying the identity of the 

16 source, amount, and rate of such compensation to— 

17 (1) the Select Committee on Ethics of the Sen18 ate, in the case of an individual who performs serv19 ices for a Member, committee, or other office of the 

20 Senate; or 

21 (2) the Committee on Ethics of the House of 

22 Representatives, in the case of an individual who 

23 performs services for a Member (including a Dele24 gate or Resident Commissioner to the Congress), 

25 committee, or other office of the House. 


kjohnson on DSK79L0C42 with BILLS
699 

HR 1 PCS

1 (b) TIMING.—The supervisor shall submit the report 

2 required under subsection (a) with respect to an indi3 vidual— 

4 (1) when such individual first begins per5 forming services described in such subparagraph; 

6 (2) at the close of each calendar quarter during 

7 which such individual is performing such services; 

8 and 

9 (3) when such individual ceases to perform such 

10 services. 

11 Subtitle F—Severability 

12 SEC. 9501. 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 TITLE X—PRESIDENTIAL AND 

21 VICE PRESIDENTIAL TAX 

22 TRANSPARENCY 

Sec. 10001. Presidential and Vice Presidential tax transparency. 


kjohnson on DSK79L0C42 with BILLS
700 

HR 1 PCS

1 SEC. 10001. PRESIDENTIAL AND VICE PRESIDENTIAL TAX 

2 TRANSPARENCY. 

3 (a) DEFINITIONS.—In this section— 

4 (1) The term ‘‘covered candidate’’ means a can5 didate of a major party in a general election for the 

6 office of President or Vice President. 

7 (2) The term ‘‘major party’’ has the meaning 

8 given the term in section 9002 of the Internal Rev9 enue Code of 1986. 

10 (3) The term ‘‘income tax return’’ means, with 

11 respect to an individual, any return (as such term is 

12 defined in section 6103(b)(1) of the Internal Rev13 enue Code of 1986, except that such term shall not 

14 include declarations of estimated tax) of— 

15 (A) such individual, other than information 

16 returns issued to persons other than such indi17 vidual; or 

18 (B) of any corporation, partnership, or 

19 trust in which such individual holds, directly or 

20 indirectly, a significant interest as the sole or 

21 principal owner or the sole or principal bene22 ficial owner (as such terms are defined in regu23 lations prescribed by the Secretary of the 

24 Treasury or his delegate). 

25 (4) The term ‘‘Secretary’’ means the Secretary 

26 of the Treasury or the delegate of the Secretary. 


kjohnson on DSK79L0C42 with BILLS
701 

HR 1 PCS

1 (b) DISCLOSURE.— 

2 (1) IN GENERAL.— 

3 (A) CANDIDATES FOR PRESIDENT AND

4 VICE PRESIDENT.—Not later than the date that 

5 is 15 days after the date on which an individual 

6 becomes a covered candidate, the individual 

7 shall submit to the Federal Election Commis8 sion a copy of the individual’s income tax re9 turns for the 10 most recent taxable years for 

10 which a return has been filed with the Internal 

11 Revenue Service. 

12 (B) PRESIDENT AND VICE PRESIDENT.— 

13 With respect to an individual who is the Presi14 dent or Vice President, not later than the due 

15 date for the return of tax for each taxable year, 

16 such individual shall submit to the Federal 

17 Election Commission a copy of the individual’s 

18 income tax returns for the taxable year and for 

19 the 9 preceding taxable years. 

20 (C) TRANSITION RULE FOR SITTING PRESI21 DENTS AND VICE PRESIDENTS.—Not later than 

22 the date that is 30 days after the date of enact23 ment of this section, an individual who is the 

24 President or Vice President on such date of en25 actment shall submit to the Federal Election 


kjohnson on DSK79L0C42 with BILLS
702 

HR 1 PCS

1 Commission a copy of the income tax returns 

2 for the 10 most recent taxable years for which 

3 a return has been filed with the Internal Rev4 enue Service. 

5 (2) FAILURE TO DISCLOSE.—If any require6 ment under paragraph (1) to submit an income tax 

7 return is not met, the chairman of the Federal Elec8 tion Commission shall submit to the Secretary a 

9 written request that the Secretary provide the Fed10 eral Election Commission with the income tax re11 turn. 

12 (3) PUBLICLY AVAILABLE.—The chairman of 

13 the Federal Election Commission shall make publicly 

14 available each income tax return submitted under 

15 paragraph (1) in the same manner as a return pro16 vided under section 6103(l)(23) of the Internal Rev17 enue Code of 1986 (as added by this section). 

18 (4) TREATMENT AS A REPORT UNDER THE

19 FEDERAL ELECTION CAMPAIGN ACT OF 1971.—For 

20 purposes of the Federal Election Campaign Act of 

21 1971, any income tax return submitted under para22 graph (1) or provided under section 6103(l)(23) of 

23 the Internal Revenue Code of 1986 (as added by 

24 this section) shall, after redaction under paragraph 

25 (3) or subparagraph (B)(ii) of such section, be treatVerDate Sep 11 2014 22:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00702 Fmt 6652 Sfmt 6201 E:\BILLS\H1.PCS H1

kjohnson on DSK79L0C42 with BILLS
703 

HR 1 PCS

1 ed as a report filed under the Federal Election Cam2 paign Act of 1971. 

3 (c) DISCLOSURE OF RETURNS OF PRESIDENTS AND

4 VICE PRESIDENTS AND CERTAIN CANDIDATES FOR

5 PRESIDENT AND VICE PRESIDENT.— 

6 (1) IN GENERAL.—Section 6103(l) of the Inter7 nal Revenue Code of 1986 is amended by adding at 

8 the end the following new paragraph: 

9 ‘‘(23) DISCLOSURE OF RETURN INFORMATION

10 OF PRESIDENTS AND VICE PRESIDENTS AND CER11 TAIN CANDIDATES FOR PRESIDENT AND VICE PRESI12 DENT.— 

13 ‘‘(A) IN GENERAL.—Upon written request 

14 by the chairman of the Federal Election Com15 mission under section 10001(b)(2) of the For 

16 the People Act of 2019, not later than the date 

17 that is 15 days after the date of such request, 

18 the Secretary shall provide copies of any return 

19 which is so requested to officers and employees 

20 of the Federal Election Commission whose offi21 cial duties include disclosure or redaction of 

22 such return under this paragraph. 

23 ‘‘(B) DISCLOSURE TO THE PUBLIC.— 

24 ‘‘(i) IN GENERAL.—The chairman of 

25 the Federal Election Commission shall 


kjohnson on DSK79L0C42 with BILLS
704 

HR 1 PCS

1 make publicly available any return which is 

2 provided under subparagraph (A). 

3 ‘‘(ii) REDACTION OF CERTAIN INFOR4 MATION.—Before making publicly available 

5 under clause (i) any return, the chairman 

6 of the Federal Election Commission shall 

7 redact such information as the Federal 

8 Election Commission and the Secretary 

9 jointly determine is necessary for pro10 tecting against identity theft, such as so11 cial security numbers.’’. 

12 (2) CONFORMING AMENDMENTS.—Section 

13 6103(p)(4) of such Code is amended— 

14 (A) in the matter preceding subparagraph 

15 (A) by striking ‘‘or (22)’’ and inserting ‘‘(22), 

16 or (23)’’; and 

17 (B) in subparagraph (F)(ii) by striking ‘‘or 

18 (22)’’ and inserting ‘‘(22), or (23)’’. 


kjohnson on DSK79L0C42 with BILLS
705 

HR 1 PCS

1 (3) EFFECTIVE DATE.—The amendments made 

2 by this subsection shall apply to disclosures made on 

3 or after the date of enactment of this Act. 

Passed the House of Representatives March 8, 

2019. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


kjohnson on DSK79L0C42 with BILLS
Calendar No. 39 

116TH CONGRESS 

1ST SESSION H. R. 1 

AN ACT 

To expand Americans’ access to the ballot box, refor other purposes. strengthen ethics rules for public servants, and duce the influence of big money in politics, and 

MARCH 14, 2019 

Read the second time and placed on the calendar 


kjohnson on DSK79L0C42 with BILLS