IB 

Union Calendar No. 5 

116TH CONGRESS 

1ST SESSION H. R. 1 

[Report No. 116–15, Part I] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2019 

Mr. SARBANES (for himself and Ms. PELOSI) introduced the following bill; 

which was referred to the Committee on House Administration, and in 

addition to the Committees on Intelligence (Permanent Select), the Judiciary, Oversight and Reform, Science, Space, and Technology, Education 

and Labor, Ways and Means, Financial Services, Ethics, and Homeland 

Security, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

MARCH 4, 2019 

Additional sponsors: Ms. ADAMS, Mr. ALLRED, Ms. BARRAGA ́N, Mrs. BEATTY, 

Mr. BEYER, Mr. BISHOP of Georgia, Mr. BLUMENAUER, Ms. BONAMICI, 

Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. BROWN of Maryland, Ms. 

BROWNLEY of California, Mrs. BUSTOS, Mr. BUTTERFIELD, Mr. 

CARBAJAL, Mr. CA ́RDENAS, Mr. CARTWRIGHT, Mr. CASE, Mr. CASTEN of 

Illinois, Ms. CASTOR of Florida, Ms. JUDY CHU of California, Mr. 

CICILLINE, Mr. CISNEROS, Ms. CLARK of Massachusetts, Ms. CLARKE of 

New York, Mr. CLAY, Mr. CLYBURN, Mr. COHEN, Mr. CONNOLLY, Mr. 

COOPER, Mr. CORREA, Mr. COURTNEY, Mr. COX of California, Mrs. 

CRAIG, Mr. CRIST, Mr. CROW, Mr. CUMMINGS, Ms. DAVIDS of Kansas, 

Mr. DANNY K. DAVIS of Illinois, Mrs. DAVIS of California, Ms. DEAN, 

Mr. DEFAZIO, Ms. DEGETTE, Ms. DELAURO, Ms. DELBENE, Mr. 

DELGADO, Mrs. DEMINGS, Mr. DESAULNIER, Mr. DEUTCH, Mrs. DINGELL, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. ENGEL, Ms. 

ESCOBAR, Ms. ESHOO, Mr. ESPAILLAT, Mr. EVANS, Mrs. FLETCHER, 

Ms. FRANKEL, Ms. GABBARD, Mr. GALLEGO, Mr. GARAMENDI, Ms. GARCIA of Texas, Mr. GARCI ́A of Illinois, Mr. GOLDEN, Mr. GOMEZ, Mr. 


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GREEN of Texas, Mr. GRIJALVA, Ms. HAALAND, Mr. HARDER of California, Mr. HASTINGS, Mrs. HAYES, Mr. HECK, Mr. HIGGINS of New 

York, Ms. HILL of California, Mr. HIMES, Mr. HORSFORD, Ms. 

HOULAHAN, Mr. HOYER, Mr. HUFFMAN, Ms. JACKSON LEE, Ms. 

JAYAPAL, Mr. JEFFRIES, Mr. JOHNSON of Georgia, Ms. KAPTUR, Mr. 

KEATING, Ms. KELLY of Illinois, Mr. KENNEDY, Mr. KHANNA, Mr. KILDEE, Mr. KILMER, Mr. KIM, Mr. KIND, Mrs. KIRKPATRICK, Mr. 

KRISHNAMOORTHI, Ms. KUSTER of New Hampshire, Mr. LAMB, Mr. 

LANGEVIN, Mr. LARSEN of Washington, Mr. LARSON of Connecticut, 

Mrs. LAWRENCE, Mr. LAWSON of Florida, Ms. LEE of California, Mrs. 

LEE of Nevada, Mr. LEVIN of Michigan, Mr. LEVIN of California, Mr. 

LEWIS, Mr. TED LIEU of California, Mr. LOEBSACK, Ms. LOFGREN, Mr. 

LOWENTHAL, Mrs. LOWEY, Mr. LUJA ́N, Mr. LYNCH, Mr. MALINOWSKI, 

Mrs. CAROLYN B. MALONEY of New York, Mr. SEAN PATRICK MALONEY

of New York, Ms. MATSUI, Ms. MCCOLLUM, Mr. MCEACHIN, Mr. 

MCGOVERN, Mr. MCNERNEY, Mr. MEEKS, Ms. MENG, Mr. MORELLE, 

Mr. MOULTON, Ms. MUCARSEL-POWELL, Mr. NADLER, Mrs. NAPOLITANO, Mr. NEAL, Mr. NEGUSE, Mr. NORCROSS, Ms. NORTON, Ms. 

OCASIO-CORTEZ, Ms. OMAR, Mr. PALLONE, Mr. PANETTA, Mr. PAPPAS, 

Mr. PASCRELL, Mr. PAYNE, Mr. PETERS, Mr. PHILLIPS, Ms. PINGREE, 

Mr. POCAN, Ms. PORTER, Ms. PRESSLEY, Mr. PRICE of North Carolina, 

Mr. QUIGLEY, Mr. RASKIN, Miss RICE of New York, Mr. ROSE of New 

York, Mr. ROUDA, Ms. ROYBAL-ALLARD, Mr. RUPPERSBERGER, Mr. 

RUSH, Mr. RYAN, Ms. SA ́NCHEZ, Ms. SCANLON, Ms. SCHAKOWSKY, Mr. 

SCHIFF, Mr. SCHNEIDER, Ms. SCHRIER, Mr. SCOTT of Virginia, Mr. 

SERRANO, Ms. SEWELL of Alabama, Ms. SHALALA, Mr. SHERMAN, Mr. 

SIRES, Mr. SMITH of Washington, Mr. SOTO, Ms. SPANBERGER, Ms. 

SPEIER, Mr. STANTON, Mr. SUOZZI, Mr. SWALWELL of California, Mr. 

TAKANO, Mr. THOMPSON of Mississippi, Mr. THOMPSON of California, 

Ms. TITUS, Ms. TLAIB, Mr. TONKO, Mrs. TORRES of California, Mrs. 

TRAHAN, Mr. TRONE, Ms. UNDERWOOD, Mr. VARGAS, Mr. VEASEY, Mr. 

VELA, Ms. VELA ́ZQUEZ, Ms. WASSERMAN SCHULTZ, Mrs. WATSON COLEMAN, Ms. WATERS, Mr. WELCH, Ms. WILD, Ms. WILSON of Florida, Mr. 

YARMUTH, Mr. CASTRO of Texas, Mr. CARSON of Indiana, Mr. BERA, 

Ms. SLOTKIN, Ms. FUDGE, Ms. JOHNSON of Texas, Mr. PERLMUTTER, 

Mr. DAVID SCOTT of Georgia, Mr. RUIZ, Ms. MOORE, Mr. FOSTER, Mr. 

CLEAVER, Mrs. MCBATH, Ms. BLUNT ROCHESTER, Mr. AGUILAR, Ms. 

BASS, Mr. O’HALLERAN, Mr. GOTTHEIMER, Mr. CUNNINGHAM, Mr. 

COSTA, Mr. LIPINSKI, Ms. WEXTON, Ms. KENDRA S. HORN of Oklahoma, Mr. DOGGETT, Ms. FINKENAUER, Mrs. AXNE, Mr. VISCLOSKY, 

Mrs. LURIA, Mr. VAN DREW, Mr. PETERSON, Ms. SHERRILL, Ms. STEVENS, Mrs. MURPHY, Mr. BRINDISI, Mr. SCHRADER, Mr. GONZALEZ of 

Texas, Mr. MCADAMS, Ms. TORRES SMALL of New Mexico, Mr. SABLAN, 

Mr. CUELLAR, and Mr. RICHMOND


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MARCH 4, 2019 

Reported from the Committee on House Administration with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

MARCH 4, 2019 

Committees on Intelligence (Permanent Select), the Judiciary, Oversight and 

Reform, Science, Space, and Technology, Education and Labor, Ways 

and Means, Financial Services, Ethics, and Homeland Security discharged; committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on January 3, 2019] 


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A BILL 

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. 


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

3 SECTION 1. SHORT TITLE. 

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

5 2019’’. 

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

7 CONTENTS. 

8 (a) DIVISIONS.—This Act is organized into 3 divisions 

9 as follows: 

10 (1) Division A—Voting. 

11 (2) Division B—Campaign Finance. 

12 (3) Division C—Ethics. 

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

14 Act is as follows: 

Sec. 1. Short title. 

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

DIVISION A—VOTING 

TITLE I—ELECTION ACCESS 

Sec. 1000. Short title; statement of policy. 

Subtitle A—Voter Registration Modernization 

Sec. 1000A. Short title. 

PART 1—PROMOTING INTERNET REGISTRATION

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

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

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

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

eligibility to vote. 

Sec. 1005. Effective date. 

PART 2—AUTOMATIC VOTER REGISTRATION

Sec. 1011. Short title; findings and purpose. 

Sec. 1012. Automatic registration of eligible individuals. 


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Sec. 1013. Contributing agency assistance in registration. 

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

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

Sec. 1016. Registration portability and correction. 

Sec. 1017. Payments and grants. 

Sec. 1018. Treatment of exempt States. 

Sec. 1019. Miscellaneous provisions. 

Sec. 1020. Definitions. 

Sec. 1021. Effective date. 

PART 3—SAME DAY VOTER REGISTRATION

Sec. 1031. Same day registration. 

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

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. 

PART 6—AVAILABILITY OF HAVA REQUIREMENTS PAYMENTS

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

compliance with new requirements. 

PART 7—PROHIBITING INTERFERENCE WITH VOTER REGISTRATION

Sec. 1071. [Reserved]. 

Sec. 1072. Establishment of best practices. 

Subtitle B—Access to Voting for Individuals With Disabilities 

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

voting for individuals with disabilities. 

Sec. 1102. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities. 

Subtitle C—Prohibiting Voter Caging 

Sec. 1201. [Reserved]. 

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

Subtitle D—[Reserved] 

Subtitle E—[Reserved] 

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. Effective date for new requirements. 


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Subtitle G—Provisional Ballots 

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

Subtitle H—Early Voting 

Sec. 1611. Early voting. 

Subtitle I—Voting by Mail 

Sec. 1621. Voting by Mail. 

Subtitle J—Absent Uniformed Services Voters and Overseas Voters 

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

Sec. 1702. Enforcement. 

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

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

Sec. 1705. Effective date. 

Subtitle K—Poll Worker Recruitment and Training 

Sec. 1801. [Reserved]. 

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

Sec. 1803. State defined. 

Subtitle L—Enhancement of Enforcement 

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

Subtitle M—Federal Election Integrity 

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

Subtitle N—Promoting Voter Access Through Election Administration 

Improvements 

PART 1—PROMOTING VOTER ACCESS

Sec. 1901. Treatment of institutions of higher education. 

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

changes. 

Sec. 1903. [Reserved]. 

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

Sec. 1905. [Reserved]. 

Sec. 1906. Reimbursement for costs incurred by States in establishing program to 

track and confirm receipt of absentee ballots. 

Sec. 1907. Voter information response systems and hotline. 

PART 2—IMPROVEMENTS IN OPERATION OF ELECTION ASSISTANCE

COMMISSION

Sec. 1911. Reauthorization of Election Assistance Commission. 

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


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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 

Subtitle A—[Reserved] 

Subtitle B—[Reserved] 

Subtitle C—[Reserved] 

Subtitle D—[Reserved] 

Subtitle E—[Reserved] 

Subtitle F—Saving Eligible Voters From Voter Purging 

Sec. 2501. Short title. 

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

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

for Voting 

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

voting. 

Subtitle H—Severability 

Sec. 2701. Severability. 

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. 


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

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

Sec. 3012. GAO analysis of effects of audits. 

PART 3—[RESERVED] 

Subtitle B—Security Measures 

Sec. 3101. Election infrastructure designation. 

Sec. 3102. Timely threat information. 

Sec. 3103. Security clearance assistance for election officials. 

Sec. 3104. Security risk and vulnerability assessments. 

Sec. 3105. Annual reports. 

Subtitle C—Enhancing Protections for United States Democratic Institutions 

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

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

Subtitle D—Promoting Cybersecurity Through Improvements in Election 

Administration 

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

cybersecurity guidelines and other guidelines. 

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

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

Sec. 3304. Streamlining collection of election information. 

Subtitle E—Preventing Election Hacking 

Sec. 3401. Short title. 

Sec. 3402. Election Security Bug Bounty Program. 

Sec. 3403. Definitions. 

Subtitle F—Miscellaneous Provisions 

Sec. 3501. Definitions. 

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

Subtitle G—Severability 

Sec. 3601. Severability. 

DIVISION B—CAMPAIGN FINANCE 

TITLE IV—CAMPAIGN FINANCE TRANSPARENCY 

Subtitle A—Findings Relating to Illicit Money Undermining Our Democracy 

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

Subtitle B—DISCLOSE Act 

Sec. 4100. Short title. 


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PART 1—REGULATION OF CERTAIN POLITICAL SPENDING

Sec. 4101. Application of ban on contributions and expenditures by foreign nationals to domestic corporations, limited liability corporations, 

and partnerships that are foreign-controlled, foreign-influenced, 

and foreign-owned. 

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

PART 2—REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS

Sec. 4111. Reporting of campaign-related disbursements. 

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

Sec. 4113. Effective date. 

PART 3—OTHER ADMINISTRATIVE REFORMS

Sec. 4121. Petition for certiorari. 

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

Subtitle C—Honest Ads 

Sec. 4201. Short title. 

Sec. 4202. Purpose. 

Sec. 4203. Findings. 

Sec. 4204. Sense of Congress. 

Sec. 4205. Expansion of definition of public communication. 

Sec. 4206. Expansion of definition of electioneering communication. 

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

Sec. 4208. Political record requirements for online platforms. 

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

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

Subtitle D—Stand By Every Ad 

Sec. 4301. Short title. 

Sec. 4302. Stand By Every Ad. 

Sec. 4303. Disclaimer requirements for communications made through 

prerecorded telephone calls. 

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

communications. 

Sec. 4305. Effective date. 

Subtitle E—[Reserved] 

Subtitle F—[Reserved] 

Subtitle G—[Reserved] 

Subtitle H—Limitation and Disclosure Requirements for Presidential 

Inaugural Committees 

Sec. 4701. Short title. 

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

by, Inaugural Committees. 


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Subtitle I—Severability 

Sec. 4801. Severability. 

TITLE V—CAMPAIGN FINANCE EMPOWERMENT 

Subtitle A—Findings Relating to Citizens United Decision 

Sec. 5001. Findings relating to Citizens United decision. 

Subtitle B—Congressional Elections 

Sec. 5100. Short title. 

PART 1—MY VOICE VOUCHER PILOT PROGRAM

Sec. 5101. Establishment of pilot program. 

Sec. 5102. Voucher program described. 

Sec. 5103. Reports. 

Sec. 5104. Definitions. 

PART 2—SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS

Sec. 5111. Benefits and eligibility requirements for candidates. 

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

ELECTION CAMPAIGNS 

‘‘ ‘‘Subtitle A—Benefits 

‘‘Sec. 501. Benefits for participating candidates. 

‘‘Sec. 502. Procedures for making payments. 

‘‘Sec. 503. Use of funds. 

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

‘‘ ‘‘Subtitle B—Eligibility and Certification 

‘‘Sec. 511. Eligibility. 

‘‘Sec. 512. Qualifying requirements. 

‘‘Sec. 513. Certification. 

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

Candidates 

‘‘Sec. 521. Contribution and expenditure requirements. 

‘‘Sec. 522. Administration of campaign. 

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

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

‘‘ ‘‘Subtitle D—Enhanced Match Support 

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

‘‘Sec. 532. Eligibility. 

‘‘Sec. 533. Amount. 

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

‘‘ ‘‘Subtitle E—Administrative Provisions 

‘‘Sec. 541. Freedom From Influence Fund. 


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

‘‘Sec. 543. Administration by Commission. 

‘‘Sec. 544. Violations and penalties. 

‘‘Sec. 545. Appeals process. 

‘‘Sec. 546. Indexing of amounts. 

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

Sec. 5112. Contributions and expenditures by multicandidate and political party 

committees on behalf of participating candidates. 

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

Sec. 5114. Effective date. 

Subtitle C—Presidential Elections 

Sec. 5200. Short title. 

PART 1—PRIMARY ELECTIONS

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

Sec. 5202. Eligibility requirements for matching payments. 

Sec. 5203. Repeal of expenditure limitations. 

Sec. 5204. Period of availability of matching payments. 

Sec. 5205. Examination and audits of matchable contributions. 

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

candidates. 

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

PART 2—GENERAL ELECTIONS

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

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

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

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

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

Sec. 5216. Amounts in Presidential Election Campaign Fund. 

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

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

PART 3—EFFECTIVE DATE

Sec. 5221. Effective date. 

Subtitle D—Personal Use Services as Authorized Campaign Expenditures 

Sec. 5301. Short title; findings; purpose. 

Sec. 5302. Treatment of payments for child care and other personal use services 

as authorized campaign expenditure. 

Subtitle E—Severability 

Sec. 5401. Severability. 

TITLE VI—CAMPAIGN FINANCE OVERSIGHT 

Subtitle A—Restoring Integrity to America’s Elections 

Sec. 6001. Short title. 


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Sec. 6002. Membership of Federal Election Commission. 

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

Sec. 6004. Revision to enforcement process. 

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

by persons opposing the requests. 

Sec. 6006. Permanent extension of administrative penalty authority. 

Sec. 6007. Restrictions on ex parte communications. 

Sec. 6008. Effective date; transition. 

Subtitle B—Stopping Super PAC-Candidate Coordination 

Sec. 6101. Short title. 

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

to candidates. 

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

Subtitle C—Severability 

Sec. 6201. Severability. 

DIVISION C—ETHICS 

TITLE VII—[RESERVED] 

TITLE VIII—[RESERVED] 

TITLE IX—CONGRESSIONAL ETHICS REFORM 

Subtitle A—Requiring Members of Congress to Reimburse Treasury for 

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

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

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

acts by Members. 

Subtitle B—Conflicts of Interests 

Sec. 9101. [Reserved]. 

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

staff. 

Sec. 9103. Exercise of rulemaking powers. 

Subtitle C—Campaign Finance and Lobbying Disclosure 

Sec. 9201. Short title. 

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

Commission of persons who are registered lobbyists. 

Sec. 9203. Effective date. 

Subtitle D—Access to Congressionally Mandated Reports 

Sec. 9301. Short title. 

Sec. 9302. Definitions. 

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

Sec. 9304. Federal agency responsibilities. 

Sec. 9305. Removing and altering reports. 


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

Sec. 9307. Implementation. 

Subtitle E—Severability 

Sec. 9401. Severability. 

TITLE X—[RESERVED] 

1 DIVISION A—VOTING 

2 TITLE I—ELECTION ACCESS 

Sec. 1000. Short title; statement of policy. 

Subtitle A—Voter Registration Modernization 

Sec. 1000A. Short title. 

PART 1—PROMOTING INTERNET REGISTRATION

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

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

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

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

eligibility to vote. 

Sec. 1005. Effective date. 

PART 2—AUTOMATIC VOTER REGISTRATION

Sec. 1011. Short title; findings and purpose. 

Sec. 1012. Automatic registration of eligible individuals. 

Sec. 1013. Contributing agency assistance in registration. 

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

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

Sec. 1016. Registration portability and correction. 

Sec. 1017. Payments and grants. 

Sec. 1018. Treatment of exempt States. 

Sec. 1019. Miscellaneous provisions. 

Sec. 1020. Definitions. 

Sec. 1021. Effective date. 

PART 3—SAME DAY VOTER REGISTRATION

Sec. 1031. Same day registration. 

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

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

on basis of interstate cross-checks. 

PART 5—OTHER INITIATIVES TO PROMOTE VOTER REGISTRATION

Sec. 1051. Annual reports on voter registration statistics. 


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PART 6—AVAILABILITY OF HAVA REQUIREMENTS PAYMENTS

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

compliance with new requirements. 

PART 7—PROHIBITING INTERFERENCE WITH VOTER REGISTRATION

Sec. 1071. [Reserved]. 

Sec. 1072. Establishment of best practices. 

Subtitle B—Access to Voting for Individuals With Disabilities 

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

voting for individuals with disabilities. 

Sec. 1102. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities. 

Subtitle C—Prohibiting Voter Caging 

Sec. 1201. [Reserved]. 

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

Subtitle D—[Reserved] 

Subtitle E—[Reserved] 

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. Effective date for new requirements. 

Subtitle G—Provisional Ballots 

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

Subtitle H—Early Voting 

Sec. 1611. Early voting. 

Subtitle I—Voting by Mail 

Sec. 1621. Voting by Mail. 

Subtitle J—Absent Uniformed Services Voters and Overseas Voters 

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

Sec. 1702. Enforcement. 

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

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

Sec. 1705. Effective date. 


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Subtitle K—Poll Worker Recruitment and Training 

Sec. 1801. [Reserved]. 

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

Sec. 1803. State defined. 

Subtitle L—Enhancement of Enforcement 

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

Subtitle M—Federal Election Integrity 

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

Subtitle N—Promoting Voter Access Through Election Administration 

Improvements 

PART 1—PROMOTING VOTER ACCESS

Sec. 1901. Treatment of institutions of higher education. 

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

changes. 

Sec. 1903. [Reserved]. 

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

Sec. 1905. [Reserved]. 

Sec. 1906. Reimbursement for costs incurred by States in establishing program to 

track and confirm receipt of absentee ballots. 

Sec. 1907. Voter information response systems and hotline. 

PART 2—IMPROVEMENTS IN OPERATION OF ELECTION ASSISTANCE

COMMISSION

Sec. 1911. Reauthorization of Election Assistance Commission. 

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

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

funds transferred from Election Assistance Commission. 

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

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

government contracting requirements. 

PART 3—MISCELLANEOUS PROVISIONS

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

Sec. 1922. No effect on other laws. 

Subtitle O—Severability 

Sec. 1931. Severability. 

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’’. 


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

2 United States that— 

3 (1) all eligible citizens of the United States 

4 should access and exercise their constitutional right to 

5 vote in a free, fair, and timely manner; and 

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

7 the voting process must be vigilantly protected, main8 tained, and enhanced in order to protect and preserve 

9 electoral and participatory democracy in the United 

10 States. 

11 Subtitle A—Voter Registration 

12 Modernization 

13 SEC. 1000A. SHORT TITLE. 

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

15 Modernization Act of 2019’’. 

16 PART 1—PROMOTING INTERNET REGISTRATION 

17 SEC. 1001. REQUIRING AVAILABILITY OF INTERNET FOR 

18 VOTER REGISTRATION. 

19 (a) REQUIRING AVAILABILITY OF INTERNET FOR REG20 ISTRATION.—The National Voter Registration Act of 1993 

21 (52 U.S.C. 20501 et seq.) is amended by inserting after sec22 tion 6 the following new section: 

23 ‘‘SEC. 6A. INTERNET REGISTRATION. 

24 ‘‘(a) REQUIRING AVAILABILITY OF INTERNET FOR ON25 LINE REGISTRATION.— 


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1 ‘‘(1) AVAILABILITY OF ONLINE REGISTRATION

2 AND CORRECTION OF EXISTING REGISTRATION INFOR3 MATION.—Each State, acting through the chief State 

4 election official, shall ensure that the following serv5 ices are available to the public at any time on the of6 ficial public websites of the appropriate State and 

7 local election officials in the State, in the same man8 ner and subject to the same terms and conditions as 

9 the services provided by voter registration agencies 

10 under section 7(a): 

11 ‘‘(A) Online application for voter registra12 tion. 

13 ‘‘(B) Online assistance to applicants in ap14 plying to register to vote. 

15 ‘‘(C) Online completion and submission by 

16 applicants of the mail voter registration applica17 tion form prescribed by the Election Assistance 

18 Commission pursuant to section 9(a)(2), includ19 ing assistance with providing a signature as re20 quired under subsection (c). 

21 ‘‘(D) Online receipt of completed voter reg22 istration applications. 

23 ‘‘(b) ACCEPTANCE OF COMPLETED APPLICATIONS.—A 

24 State shall accept an online voter registration application 


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1 provided by an individual under this section, and ensure 

2 that the individual is registered to vote in the State, if— 

3 ‘‘(1) the individual meets the same voter reg4 istration requirements applicable to individuals who 

5 register to vote by mail in accordance with section 

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

7 form prescribed by the Election Assistance Commis8 sion pursuant to section 9(a)(2); and 

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

10 subsection (c) to provide a signature in electronic 

11 form (but only in the case of applications submitted 

12 during or after the second year in which this section 

13 is in effect in the State). 

14 ‘‘(c) SIGNATURE REQUIREMENTS.— 

15 ‘‘(1) IN GENERAL.—For purposes of this section, 

16 an individual meets the requirements of this sub17 section as follows: 

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

19 a signature on file with a State agency, includ20 ing the State motor vehicle authority, that is re21 quired to provide voter registration services 

22 under this Act or any other law, the individual 

23 consents to the transfer of that electronic signa24 ture. 


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

2 the individual submits with the application an 

3 electronic copy of the individual’s handwritten 

4 signature through electronic means. 

5 ‘‘(C) If subparagraph (A) and subpara6 graph (B) do not apply, the individual executes 

7 a computerized mark in the signature field on 

8 an online voter registration application, in ac9 cordance with reasonable security measures es10 tablished by the State, but only if the State ac11 cepts such mark from the individual. 

12 ‘‘(2) TREATMENT OF INDIVIDUALS UNABLE TO

13 MEET REQUIREMENT.—If an individual is unable to 

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

15 shall— 

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

17 other elements of the online voter registration ap18 plication; 

19 ‘‘(B) permit the individual to provide a sig20 nature at the time the individual requests a bal21 lot in an election (whether the individual re22 quests the ballot at a polling place or requests the 

23 ballot by mail); and 

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

25 described in subparagraph (A) and subparaVerDate Sep 11 2014 01:44 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\H1.RH H1

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1 graph (B), ensure that the individual is reg2 istered to vote in the State. 

3 ‘‘(3) NOTICE.—The State shall ensure that indi4 viduals applying to register to vote online are notified 

5 of the requirements of paragraph (1) and of the treat6 ment of individuals unable to meet such requirements, 

7 as described in paragraph (2). 

8 ‘‘(d) CONFIRMATION AND DISPOSITION.— 

9 ‘‘(1) CONFIRMATION OF RECEIPT.—Upon the on10 line submission of a completed voter registration ap11 plication by an individual under this section, the ap12 propriate State or local election official shall send the 

13 individual a notice confirming the State’s receipt of 

14 the application and providing instructions on how 

15 the individual may check the status of the applica16 tion. 

17 ‘‘(2) NOTICE OF DISPOSITION.—Not later than 7 

18 days after the appropriate State or local election offi19 cial has approved or rejected an application sub20 mitted by an individual under this section, the offi21 cial shall send the individual a notice of the disposi22 tion of the application. 

23 ‘‘(3) METHOD OF NOTIFICATION.—The appro24 priate State or local election official shall send the no25 tices required under this subsection by regular mail, 


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1 and, in the case of an individual who has provided 

2 the official with an electronic mail address, by both 

3 electronic mail and regular mail. 

4 ‘‘(e) PROVISION OF SERVICES IN NONPARTISAN MAN5 NER.—The services made available under subsection (a) 

6 shall be provided in a manner that ensures that, consistent 

7 with section 7(a)(5)— 

8 ‘‘(1) the online application does not seek to influ9 ence an applicant’s political preference or party reg10 istration; and 

11 ‘‘(2) there is no display on the website promoting 

12 any political preference or party allegiance, except 

13 that nothing in this paragraph may be construed to 

14 prohibit an applicant from registering to vote as a 

15 member of a political party. 

16 ‘‘(f) PROTECTION OF SECURITY OF INFORMATION.—In 

17 meeting the requirements of this section, the State shall es18 tablish appropriate technological security measures to pre19 vent to the greatest extent practicable any unauthorized ac20 cess to information provided by individuals using the serv21 ices made available under subsection (a). 

22 ‘‘(g) ACCESSIBILITY OF SERVICES.—A state shall en23 sure that the services made available under this section are 

24 made available to individuals with disabilities to the same 


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1 extent as services are made available to all other individ2 uals. 

3 ‘‘(h) USE OF ADDITIONAL TELEPHONE-BASED SYS4 TEM.—A State shall make the services made available on5 line under subsection (a) available through the use of an 

6 automated telephone-based system, subject to the same terms 

7 and conditions applicable under this section to the services 

8 made available online, in addition to making the services 

9 available online in accordance with the requirements of this 

10 section. 

11 ‘‘(i) NONDISCRIMINATION AMONG REGISTERED VOT12 ERS USING MAIL AND ONLINE REGISTRATION.—In car13 rying out this Act, the Help America Vote Act of 2002, or 

14 any other Federal, State, or local law governing the treat15 ment of registered voters in the State or the administration 

16 of elections for public office in the State, a State shall treat 

17 a registered voter who registered to vote online in accord18 ance with this section in the same manner as the State 

19 treats a registered voter who registered to vote by mail.’’. 

20 (b) SPECIAL REQUIREMENTS FOR INDIVIDUALS USING

21 ONLINE REGISTRATION.— 

22 (1) TREATMENT AS INDIVIDUALS REGISTERING

23 TO VOTE BY MAIL FOR PURPOSES OF FIRST-TIME

24 VOTER IDENTIFICATION REQUIREMENTS.—Section 

25 303(b)(1)(A) of the Help America Vote Act of 2002 


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

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

3 section 6A of the National Voter Registration Act of 

4 1993’’. 

5 (2) REQUIRING SIGNATURE FOR FIRST-TIME VOT6 ERS IN JURISDICTION.—Section 303(b) of such Act 

7 (52 U.S.C. 21083(b)) is amended— 

8 (A) by redesignating paragraph (5) as 

9 paragraph (6); and 

10 (B) by inserting after paragraph (4) the fol11 lowing new paragraph: 

12 ‘‘(5) SIGNATURE REQUIREMENTS FOR FIRST13 TIME VOTERS USING ONLINE REGISTRATION.— 

14 ‘‘(A) IN GENERAL.—A State shall, in a uni15 form and nondiscriminatory manner, require an 

16 individual to meet the requirements of subpara17 graph (B) if— 

18 ‘‘(i) the individual registered to vote in 

19 the State online under section 6A of the Na20 tional Voter Registration Act of 1993; and 

21 ‘‘(ii) the individual has not previously 

22 voted in an election for Federal office in the 

23 State. 

24 ‘‘(B) REQUIREMENTS.—An individual 

25 meets the requirements of this subparagraph if— 


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

2 votes in person, the individual provides the 

3 appropriate State or local election official 

4 with a handwritten signature; or 

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

6 votes by mail, the individual submits with 

7 the ballot a handwritten signature. 

8 ‘‘(C) INAPPLICABILITY.—Subparagraph (A) 

9 does not apply in the case of an individual who 

10 is— 

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

12 under the Uniformed and Overseas Citizens 

13 Absentee Voting Act (52 U.S.C. 20302 et 

14 seq.); 

15 ‘‘(ii) provided the right to vote other16 wise than in person under section 

17 3(b)(2)(B)(ii) of the Voting Accessibility for 

18 the Elderly and Handicapped Act (52 

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

20 ‘‘(iii) entitled to vote otherwise than in 

21 person under any other Federal law.’’. 

22 (3) CONFORMING AMENDMENT RELATING TO EF23 FECTIVE DATE.—Section 303(d)(2)(A) of such Act (52 

24 U.S.C. 21083(d)(2)(A)) is amended by striking ‘‘Each 


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1 State’’ and inserting ‘‘Except as provided in sub2 section (b)(5), each State’’. 

3 (c) CONFORMING AMENDMENTS.— 

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

5 of the National Voter Registration Act of 1993 (52 

6 U.S.C. 20507(a)(1)) is amended— 

7 (A) by striking ‘‘and’’ at the end of sub8 paragraph (C); 

9 (B) by redesignating subparagraph (D) as 

10 subparagraph (E); and 

11 (C) by inserting after subparagraph (C) the 

12 following new subparagraph: 

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

14 through the official public website of an election 

15 official under section 6A, if the valid voter reg16 istration application is submitted online not 

17 later than the lesser of 30 days, or the period 

18 provided by State law, before the date of the elec19 tion (as determined by treating the date on 

20 which the application is sent electronically as the 

21 date on which it is submitted); and’’. 

22 (2) INFORMING APPLICANTS OF ELIGIBILITY RE23 QUIREMENTS AND PENALTIES.—Section 8(a)(5) of 

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

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


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1 SEC. 1002. USE OF INTERNET TO UPDATE REGISTRATION 

2 INFORMATION. 

3 (a) IN GENERAL.— 

4 (1) UPDATES TO INFORMATION CONTAINED ON

5 COMPUTERIZED STATEWIDE VOTER REGISTRATION

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

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

8 at the end the following new paragraph: 

9 ‘‘(6) USE OF INTERNET BY REGISTERED VOTERS

10 TO UPDATE INFORMATION.— 

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

12 or local election official shall ensure that any 

13 registered voter on the computerized list may at 

14 any time update the voter’s registration informa15 tion, including the voter’s address and electronic 

16 mail address, online through the official public 

17 website of the election official responsible for the 

18 maintenance of the list, so long as the voter at19 tests to the contents of the update by providing 

20 a signature in electronic form in the same man21 ner required under section 6A(c) of the National 

22 Voter Registration Act of 1993. 

23 ‘‘(B) PROCESSING OF UPDATED INFORMA24 TION BY ELECTION OFFICIALS.—If a registered 

25 voter updates registration information under 


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1 subparagraph (A), the appropriate State or local 

2 election official shall— 

3 ‘‘(i) revise any information on the 

4 computerized list to reflect the update made 

5 by the voter; and 

6 ‘‘(ii) if the updated registration infor7 mation affects the voter’s eligibility to vote 

8 in an election for Federal office, ensure that 

9 the information is processed with respect to 

10 the election if the voter updates the informa11 tion not later than the lesser of 7 days, or 

12 the period provided by State law, before the 

13 date of the election. 

14 ‘‘(C) CONFIRMATION AND DISPOSITION.— 

15 ‘‘(i) CONFIRMATION OF RECEIPT.— 

16 Upon the online submission of updated reg17 istration information by an individual 

18 under this paragraph, the appropriate State 

19 or local election official shall send the indi20 vidual a notice confirming the State’s re21 ceipt of the updated information and pro22 viding instructions on how the individual 

23 may check the status of the update. 

24 ‘‘(ii) NOTICE OF DISPOSITION.—Not 

25 later than 7 days after the appropriate 


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1 State or local election official has accepted 

2 or rejected updated information submitted 

3 by an individual under this paragraph, the 

4 official shall send the individual a notice of 

5 the disposition of the update. 

6 ‘‘(iii) METHOD OF NOTIFICATION.— 

7 The appropriate State or local election offi8 cial shall send the notices required under 

9 this subparagraph by regular mail, and, in 

10 the case of an individual who has requested 

11 that the State provide voter registration and 

12 voting information through electronic mail, 

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

14 (2) CONFORMING AMENDMENT RELATING TO EF15 FECTIVE DATE.—Section 303(d)(1)(A) of such Act (52 

16 U.S.C. 21083(d)(1)(A)) is amended by striking ‘‘sub17 paragraph (B)’’ and inserting ‘‘subparagraph (B) 

18 and subsection (a)(6)’’. 

19 (b) ABILITY OF REGISTRANT TO USE ONLINE UPDATE

20 TO PROVIDE INFORMATION ON RESIDENCE.—Section 

21 8(d)(2)(A) of the National Voter Registration Act of 1993 

22 (52 U.S.C. 20507(d)(2)(A)) is amended— 

23 (1) in the first sentence, by inserting after ‘‘re24 turn the card’’ the following: ‘‘or update the reg25 istrant’s information on the computerized Statewide 


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1 voter registration list using the online method pro2 vided under section 303(a)(6) of the Help America 

3 Vote Act of 2002’’; and 

4 (2) in the second sentence, by striking ‘‘re5 turned,’’ and inserting the following: ‘‘returned or if 

6 the registrant does not update the registrant’s infor7 mation on the computerized Statewide voter registra8 tion list using such online method,’’. 

9 SEC. 1003. PROVISION OF ELECTION INFORMATION BY 

10 ELECTRONIC MAIL TO INDIVIDUALS REG11 ISTERED TO VOTE. 

12 (a) INCLUDING OPTION ON VOTER REGISTRATION AP13 PLICATION TO PROVIDE E–MAIL ADDRESS AND RECEIVE

14 INFORMATION.— 

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

16 Voter Registration Act of 1993 (52 U.S.C. 20508(b)) 

17 is amended— 

18 (A) by striking ‘‘and’’ at the end of para19 graph (3); 

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

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

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

23 paragraph: 

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

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


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1 address, together with a statement that, if the appli2 cant so requests, instead of using regular mail the ap3 propriate State and local election officials shall pro4 vide to the applicant, through electronic mail sent to 

5 that address, the same voting information (as defined 

6 in section 302(b)(2) of the Help America Vote Act of 

7 2002) which the officials would provide to the appli8 cant through regular mail.’’. 

9 (2) PROHIBITING USE FOR PURPOSES UNRE10 LATED TO OFFICIAL DUTIES OF ELECTION OFFI11 CIALS.—Section 9 of such Act (52 U.S.C. 20508) is 

12 amended by adding at the end the following new sub13 section: 

14 ‘‘(c) PROHIBITING USE OF ELECTRONIC MAIL AD15 DRESSES FOR OTHER THAN OFFICIAL PURPOSES.—The 

16 chief State election official shall ensure that any electronic 

17 mail address provided by an applicant under subsection 

18 (b)(5) is used only for purposes of carrying out official du19 ties of election officials and is not transmitted by any State 

20 or local election official (or any agent of such an official, 

21 including a contractor) to any person who does not require 

22 the address to carry out such official duties and who is not 

23 under the direct supervision and control of a State or local 

24 election official.’’. 


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1 (b) REQUIRING PROVISION OF INFORMATION BY ELEC2 TION OFFICIALS.—Section 302(b) of the Help America Vote 

3 Act of 2002 (52 U.S.C. 21082(b)) is amended by adding 

4 at the end the following new paragraph: 

5 ‘‘(3) PROVISION OF OTHER INFORMATION BY

6 ELECTRONIC MAIL.—If an individual who is a reg7 istered voter has provided the State or local election 

8 official with an electronic mail address for the pur9 pose of receiving voting information (as described in 

10 section 9(b)(5) of the National Voter Registration Act 

11 of 1993), the appropriate State or local election offi12 cial, through electronic mail transmitted not later 

13 than 7 days before the date of the election for Federal 

14 office involved, shall provide the individual with in15 formation on how to obtain the following information 

16 by electronic means: 

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

18 place at which the individual is assigned to vote 

19 in the election. 

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

21 place. 

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

23 other information the individual may be re24 quired to present at the polling place.’’. 


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1 SEC. 1004. CLARIFICATION OF REQUIREMENT REGARDING 

2 NECESSARY INFORMATION TO SHOW ELIGI3 BILITY TO VOTE. 

4 Section 8 of the National Voter Registration Act of 

5 1993 (52 U.S.C. 20507) is amended— 

6 (1) by redesignating subsection (j) as subsection 

7 (k); and 

8 (2) by inserting after subsection (i) the following 

9 new subsection: 

10 ‘‘(j) REQUIREMENT FOR STATE TO REGISTER APPLI11 CANTS PROVIDING NECESSARY INFORMATION TO SHOW

12 ELIGIBILITY TO VOTE.—For purposes meeting the require13 ment of subsection (a)(1) that an eligible applicant is reg14 istered to vote in an election for Federal office within the 

15 deadlines required under such subsection, the State shall 

16 consider an applicant to have provided a ‘valid voter reg17 istration form’ if— 

18 ‘‘(1) the applicant has substantially completed 

19 the application form and attested to the statement re20 quired by section 9(b)(2); and 

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

22 vote online in accordance with section 6A, the appli23 cant provides a signature in accordance with sub24 section (c) of such section.’’. 


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1 SEC. 1005. EFFECTIVE DATE. 

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

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

4 amendments made by section 1004) shall take effect Janu5 ary 1, 2020. 

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

7 Assistance Commission, if a State certifies to the Election 

8 Assistance Commission that the State will not meet the 

9 deadline referred to in subsection (a) because of extraor10 dinary circumstances and includes in the certification the 

11 reasons for the failure to meet the deadline, subsection (a) 

12 shall apply to the State as if the reference in such subsection 

13 to ‘‘January 1, 2020’’ were a reference to ‘‘January 1, 

14 2022’’. 

15 PART 2—AUTOMATIC VOTER REGISTRATION 

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

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

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

19 (b) FINDINGS AND PURPOSE.— 

20 (1) FINDINGS.—Congress finds that— 

21 (A) the right to vote is a fundamental right 

22 of citizens of the United States; 

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

24 Federal Governments to ensure that every eligible 

25 citizen is registered to vote; 


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1 (C) existing voter registration systems can 

2 be inaccurate, costly, inaccessible and confusing, 

3 with damaging effects on voter participation in 

4 elections and disproportionate impacts on young 

5 people, persons with disabilities, and racial and 

6 ethnic minorities; and 

7 (D) voter registration systems must be up8 dated with 21st Century technologies and proce9 dures to maintain their security. 

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

11 (A) to establish that it is the responsibility 

12 of government at every level to ensure that all el13 igible citizens are registered to vote; 

14 (B) to enable the State and Federal Govern15 ments to register all eligible citizens to vote with 

16 accurate, cost-efficient, and up-to-date proce17 dures; 

18 (C) to modernize voter registration and list 

19 maintenance procedures with electronic and 

20 Internet capabilities; and 

21 (D) to protect and enhance the integrity, 

22 accuracy, efficiency, and accessibility of the elec23 toral process for all eligible citizens. 


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1 SEC. 1012. AUTOMATIC REGISTRATION OF ELIGIBLE INDI2 VIDUALS. 

3 (a) REQUIRING STATES TO ESTABLISH AND OPERATE

4 AUTOMATIC REGISTRATION SYSTEM.— 

5 (1) IN GENERAL.—The chief State election offi6 cial of each State shall establish and operate a system 

7 of automatic registration for the registration of eligi8 ble individuals to vote for elections for Federal office 

9 in the State, in accordance with the provisions of this 

10 part. 

11 (2) DEFINITION.—The term ‘‘automatic registra12 tion’’ means a system that registers an individual to 

13 vote in elections for Federal office in a State, if eligi14 ble, by electronically transferring the information nec15 essary for registration from government agencies to 

16 election officials of the State so that, unless the indi17 vidual affirmatively declines to be registered, the indi18 vidual will be registered to vote in such elections. 

19 (b) REGISTRATION OF VOTERS BASED ON NEW AGEN20 CY RECORDS.—The chief State election official shall— 

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

22 agency has transmitted information with respect to 

23 an individual pursuant to section 1013, ensure that 

24 the individual is registered to vote in elections for 

25 Federal office in the State if the individual is eligible 

26 to be registered to vote in such elections; and 


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

2 agency has transmitted such information with respect 

3 to the individual, send written notice to the indi4 vidual, in addition to other means of notice estab5 lished by this part, of the individual’s voter registra6 tion status. 

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

8 EXISTING CONTRIBUTING AGENCY RECORDS.—The chief 

9 State election official shall— 

10 (1) identify all individuals whose information is 

11 transmitted by a contributing agency pursuant to sec12 tion 1014 and who are eligible to be, but are not cur13 rently, registered to vote in that State; 

14 (2) promptly send each such individual written 

15 notice, in addition to other means of notice estab16 lished by this part, which shall not identify the con17 tributing agency that transmitted the information but 

18 shall include— 

19 (A) an explanation that voter registration 

20 is voluntary, but if the individual does not de21 cline registration, the individual will be reg22 istered to vote; 

23 (B) a statement offering the opportunity to 

24 decline voter registration through means con25 sistent with the requirements of this part; 


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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, a statement offering the indi6 vidual the opportunity to affiliate or enroll with 

7 a political party or to decline to affiliate or en8 roll with a political party, through means con9 sistent with the requirements of this part; 

10 (D) the substantive qualifications of an elec11 tor in the State as listed in the mail voter reg12 istration application form for elections for Fed13 eral office prescribed pursuant to section 9 of the 

14 National Voter Registration Act of 1993, the con15 sequences of false registration, and a statement 

16 that the individual should decline to register if 

17 the individual does not meet all those qualifica18 tions; 

19 (E) instructions for correcting any erro20 neous information; and 

21 (F) instructions for providing any addi22 tional information which is listed in the mail 

23 voter registration application form for elections 

24 for Federal office prescribed pursuant to section 

25 9 of the National Voter Registration Act of 1993; 


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1 (3) ensure that each such individual who is eligi2 ble to register to vote in elections for Federal office in 

3 the State is promptly registered to vote not later than 

4 45 days after the official sends the individual the 

5 written notice under paragraph (2), unless, during 

6 the 30-day period which begins on the date the elec7 tion official sends the individual such written notice, 

8 the individual declines registration in writing, 

9 through a communication made over the Internet, or 

10 by an officially-logged telephone communication; and 

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

12 in addition to other means of notice established by 

13 this part, of the individual’s voter registration status. 

14 (d) TREATMENT OF INDIVIDUALS UNDER 18 YEARS OF

15 AGE.—A State may not refuse to treat an individual as 

16 an eligible individual for purposes of this part on the 

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

18 at the time a contributing agency receives information with 

19 respect to the individual, so long as the individual is at 

20 least 16 years of age at such time. 

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

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

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


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

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

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

5 election official in registering to vote all eligible individuals 

6 served by that agency. 

7 (b) REQUIREMENTS FOR CONTRIBUTING AGENCIES.— 

8 (1) INSTRUCTIONS ON AUTOMATIC REGISTRA9 TION.—With each application for service or assist10 ance, and with each related recertification, renewal, 

11 or change of address, or, in the case of an institution 

12 of higher education, with each registration of a stu13 dent for enrollment in a course of study, each contrib14 uting agency that (in the normal course of its oper15 ations) requests individuals to affirm United States 

16 citizenship (either directly or as part of the overall 

17 application for service or assistance) shall inform 

18 each such individual who is a citizen of the United 

19 States of the following: 

20 (A) Unless that individual declines to reg21 ister to vote, or is found ineligible to vote, the in22 dividual will be registered to vote or, if applica23 ble, the individual’s registration will be updated. 

24 (B) The substantive qualifications of an 

25 elector in the State as listed in the mail voter 

26 registration application form for elections for 


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1 Federal office prescribed pursuant to section 9 of 

2 the National Voter Registration Act of 1993, the 

3 consequences of false registration, and the indi4 vidual should decline to register if the individual 

5 does not meet all those qualifications. 

6 (C) In the case of a State in which affili7 ation or enrollment with a political party is re8 quired in order to participate in an election to 

9 select the party’s candidate in an election for 

10 Federal office, the requirement that the indi11 vidual must affiliate or enroll with a political 

12 party in order to participate in such an election. 

13 (D) Voter registration is voluntary, and 

14 neither registering nor declining to register to 

15 vote will in any way affect the availability of 

16 services or benefits, nor be used for other pur17 poses. 

18 (2) OPPORTUNITY TO DECLINE REGISTRATION

19 REQUIRED.—Each contributing agency shall ensure 

20 that each application for service or assistance, and 

21 each related recertification, renewal, or change of ad22 dress, or, in the case of an institution of higher edu23 cation, each registration of a student for enrollment 

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1 dividual is given the opportunity to decline to be reg2 istered to vote. 

3 (3) INFORMATION TRANSMITTAL.—Upon the ex4 piration of the 30-day period which begins on the 

5 date the contributing agency informs the individual 

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

7 contributing agency shall electronically transmit to 

8 the appropriate State election official, in a format 

9 compatible with the statewide voter database main10 tained under section 303 of the Help America Vote 

11 Act of 2002 (52 U.S.C. 21083), the following informa12 tion, unless during such 30-day period the individual 

13 declined to be registered to vote: 

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

15 surname(s). 

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

17 (C) The individual’s residential address. 

18 (D) Information showing that the indi19 vidual is a citizen of the United States. 

20 (E) The date on which information per21 taining to that individual was collected or last 

22 updated. 

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

24 in electronic form. 


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1 (G) Information regarding the individual’s 

2 affiliation or enrollment with a political party, 

3 if the individual provides such information. 

4 (H) Any additional information listed in 

5 the mail voter registration application form for 

6 elections for Federal office prescribed pursuant to 

7 section 9 of the National Voter Registration Act 

8 of 1993, including any valid driver’s license 

9 number or the last 4 digits of the individual’s so10 cial security number, if the individual provided 

11 such information. 

12 (c) ALTERNATE PROCEDURE FOR CERTAIN CONTRIB13 UTING AGENCIES.—With each application for service or as14 sistance, and with each related recertification, renewal, or 

15 change of address, any contributing agency that in the nor16 mal course of its operations does not request individuals 

17 applying for service or assistance to affirm United States 

18 citizenship (either directly or as part of the overall applica19 tion for service or assistance) shall— 

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

21 of the National Voter Registration Act of 1993 (52 

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

23 (2) ensure that each applicant’s transaction with 

24 the agency cannot be completed until the applicant 

25 has indicated whether the applicant wishes to register 


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1 to vote or declines to register to vote in elections for 

2 Federal office held in the State; and 

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

4 vote, transmit that individual’s information in ac5 cordance with subsection (b)(3). 

6 (d) REQUIRED AVAILABILITY OF AUTOMATIC REG7 ISTRATION OPPORTUNITY WITH EACH APPLICATION FOR

8 SERVICE OR ASSISTANCE.—Each contributing agency shall 

9 offer each individual, with each application for service or 

10 assistance, and with each related recertification, renewal, 

11 or change of address, or in the case of an institution of 

12 higher education, with each registration of a student for en13 rollment in a course of study, the opportunity to register 

14 to vote as prescribed by this section without regard to 

15 whether the individual previously declined a registration 

16 opportunity. 

17 (e) CONTRIBUTING AGENCIES.— 

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

19 following agencies shall be treated as a contributing 

20 agency: 

21 (A) Each agency in a State that is required 

22 by Federal law to provide voter registration serv23 ices, including the State motor vehicle authority 

24 and other voter registration agencies under the 

25 National Voter Registration Act of 1993. 


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1 (B) Each agency in a State that admin2 isters a program pursuant to title III of the So3 cial Security Act (42 U.S.C. 501 et seq.), title 

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

5 et seq.), or the Patient Protection and Affordable 

6 Care Act (Public Law 111–148). 

7 (C) Each State agency primarily respon8 sible for regulating the private possession of fire9 arms. 

10 (D) Each State agency primarily respon11 sible for maintaining identifying information for 

12 students enrolled at public secondary schools, in13 cluding, where applicable, the State agency re14 sponsible for maintaining the education data 

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

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

17 9871(e)(2)). 

18 (E) In the case of a State in which an indi19 vidual disenfranchised by a criminal conviction 

20 may become eligible to vote upon completion of 

21 a criminal sentence or any part thereof, or upon 

22 formal restoration of rights, the State agency re23 sponsible for administering that sentence, or part 

24 thereof, or that restoration of rights. 


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

2 designated by the State as a contributing agency. 

3 (2) FEDERAL AGENCIES.—In each State, each of 

4 the following agencies of the Federal government shall 

5 be treated as a contributing agency with respect to in6 dividuals who are residents of that State (except as 

7 provided in subparagraph (C)): 

8 (A) The Social Security Administration, the 

9 Department of Veterans Affairs, the Defense 

10 Manpower Data Center of the Department of De11 fense, the Employee and Training Administra12 tion of the Department of Labor, and the Center 

13 for Medicare & Medicaid Services of the Depart14 ment of Health and Human Services. 

15 (B) The Bureau of Citizenship and Immi16 gration Services, but only with respect to indi17 viduals who have completed the naturalization 

18 process. 

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

20 resident of a State in which an individual 

21 disenfranchised by a criminal conviction under 

22 Federal law may become eligible to vote upon 

23 completion of a criminal sentence or any part 

24 thereof, or upon formal restoration of rights, the 

25 Federal agency responsible for administering 


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1 that sentence or part thereof (without regard to 

2 whether the agency is located in the same State 

3 in which the individual is a resident), but only 

4 with respect to individuals who have completed 

5 the criminal sentence or any part thereof. 

6 (D) Any other agency of the Federal govern7 ment which the State designates as a contrib8 uting agency, but only if the State and the head 

9 of the agency determine that the agency collects 

10 information sufficient to carry out the respon11 sibilities of a contributing agency under this sec12 tion. 

13 (3) SPECIAL RULE FOR INSTITUTIONS OF HIGH14 ER EDUCATION.— 

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

16 part, each institution of higher education de17 scribed in subparagraph (B) shall be treated as 

18 a contributing agency in the State in which it 

19 is located, except that— 

20 (i) the institution shall be treated as a 

21 contributing agency only if, in its normal 

22 course of operations, the institution requests 

23 each student registering for enrollment in a 

24 course of study, including enrollment in a 

25 program of distance education, as defined 


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1 in section 103(7) of the Higher Education 

2 Act of 1965 (20 U.S.C. 1003(7)), to affirm 

3 whether or not the student is a United 

4 States citizen; and 

5 (ii) if the institution is treated as a 

6 contributing agency in a State pursuant to 

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

8 contributing agency only with respect to 

9 students, including students enrolled in a 

10 program of distance education, as defined 

11 in section 103(7) of the Higher Education 

12 Act of 1965 (20 U.S.C. 1003(7)), who reside 

13 in the State. 

14 (B) INSTITUTIONS DESCRIBED.—An institu15 tion described in this subparagraph is an insti16 tution of higher education which has a program 

17 participation agreement in effect with the Sec18 retary of Education under section 487 of the 

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

20 and which is located in a State to which section 

21 4(b) of the National Voter Registration Act of 

22 1993 (52 U.S.C. 20503(b)) does not apply. 

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

24 prior to the date of each election for Federal office 

25 held in the State, the chief State election official shall 


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1 publish on the public website of the official an up2 dated list of all contributing agencies in that 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 whom 

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

15 the agency shall promptly transmit that information to the 

16 appropriate State election official in accordance with sec17 tion 1013(b)(3) not later than the effective date described 

18 in section 1011(a). 

19 (b) TRANSITION.—For each individual listed in a con20 tributing agency’s records as of the effective date described 

21 in section 1011(a) (but who was not listed in a contributing 

22 agency’s records as of the date of enactment of this Act), 

23 and for whom the agency has the information listed in sec24 tion 1013(b)(3), the Agency shall promptly transmit that 

25 information to the appropriate State election official in acVerDate Sep 11 2014 01:44 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6203 E:\BILLS\H1.RH H1

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1 cordance with section 1013(b)(3) not later than 6 months 

2 after the effective date described in section 1011(a). 

3 SEC. 1015. VOTER PROTECTION AND SECURITY IN AUTO4 MATIC REGISTRATION. 

5 (a) PROTECTIONS FOR ERRORS IN REGISTRATION.— 

6 An individual shall not be prosecuted under any Federal 

7 or State law, adversely affected in any civil adjudication 

8 concerning immigration status or naturalization, or subject 

9 to an allegation in any legal proceeding that the individual 

10 is not a citizen of the United States on any of the following 

11 grounds: 

12 (1) The individual notified an election office of 

13 the individual’s automatic registration to vote under 

14 this part. 

15 (2) The individual is not eligible to vote in elec16 tions for Federal office but was automatically reg17 istered to vote under this part. 

18 (3) The individual was automatically registered 

19 to vote under this part at an incorrect address. 

20 (4) The individual declined the opportunity to 

21 register to vote or did not make an affirmation of 

22 citizenship, including through automatic registration, 

23 under this part. 

24 (b) LIMITS ON USE OF AUTOMATIC REGISTRATION.— 

25 The automatic registration of any individual or the fact 


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1 that an individual declined the opportunity to register to 

2 vote or did not make an affirmation of citizenship (includ3 ing through automatic registration) under this part may 

4 not be used as evidence against that individual in any State 

5 or Federal law enforcement proceeding, and an individual’s 

6 lack of knowledge or willfulness of such registration may 

7 be demonstrated by the individual’s testimony alone. 

8 (c) PROTECTION OF ELECTION INTEGRITY.—Nothing 

9 in subsections (a) or (b) may be construed to prohibit or 

10 restrict any action under color of law against an individual 

11 who— 

12 (1) knowingly and willfully makes a false state13 ment to effectuate or perpetuate automatic voter reg14 istration by any individual; or 

15 (2) casts a ballot knowingly and willfully in vio16 lation of State law or the laws of the United States. 

17 (d) CONTRIBUTING AGENCIES’ PROTECTION OF INFOR18 MATION.—Nothing in this part authorizes a contributing 

19 agency to collect, retain, transmit, or publicly disclose any 

20 of the following: 

21 (1) An individual’s decision to decline to register 

22 to vote or not to register to vote. 

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

24 her citizenship. 


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1 (3) Any information that a contributing agency 

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

3 pursuing the agency’s ordinary course of business. 

4 (e) ELECTION OFFICIALS’ PROTECTION OF INFORMA5 TION.— 

6 (1) PUBLIC DISCLOSURE PROHIBITED.— 

7 (A) IN GENERAL.—Subject to subparagraph 

8 (B), with respect to any individual for whom 

9 any State election official receives information 

10 from a contributing agency, the State election of11 ficials shall not publicly disclose any of the fol12 lowing: 

13 (i) The identity of the contributing 

14 agency. 

15 (ii) Any information not necessary to 

16 voter registration. 

17 (iii) Any voter information otherwise 

18 shielded from disclosure under State law or 

19 section 8(a) of the National Voter Registra20 tion Act of 1993 (52 U.S.C. 20507(a)). 

21 (iv) Any portion of the individual’s so22 cial security number. 

23 (v) Any portion of the individual’s 

24 motor vehicle driver’s license number. 

25 (vi) The individual’s signature. 


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1 (vii) The individual’s telephone num2 ber. 

3 (viii) The individual’s email address. 

4 (B) SPECIAL RULE FOR INDIVIDUALS REG5 ISTERED TO VOTE.—With respect to any indi6 vidual for whom any State election official re7 ceives information from a contributing agency 

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

9 registered to vote in the State under this part, 

10 the State election officials shall not publicly dis11 close any of the following: 

12 (i) The identity of the contributing 

13 agency. 

14 (ii) Any information not necessary to 

15 voter registration. 

16 (iii) Any voter information otherwise 

17 shielded from disclosure under State law or 

18 section 8(a) of the National Voter Registra19 tion Act of 1993 (52 U.S.C. 20507(a)). 

20 (iv) Any portion of the individual’s so21 cial security number. 

22 (v) Any portion of the individual’s 

23 motor vehicle driver’s license number. 

24 (vi) The individual’s signature. 


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1 (2) VOTER RECORD CHANGES.—Each State shall 

2 maintain for at least 2 years and shall make avail3 able for public inspection (and, where available, 

4 photocopying at a reasonable cost), including in elec5 tronic form and through electronic methods, all 

6 records of changes to voter records, including remov7 als, the reasons for removals, and updates. 

8 (3) DATABASE MANAGEMENT STANDARDS.—The 

9 Director of the National Institute of Standards and 

10 Technology shall, after providing the public with no11 tice and the opportunity to comment— 

12 (A) establish standards governing the com13 parison of data for voter registration list mainte14 nance purposes, identifying as part of such 

15 standards the specific data elements, the match16 ing rules used, and how a State may use the 

17 data to determine and deem that an individual 

18 is ineligible under State law to vote in an elec19 tion, or to deem a record to be a duplicate or 

20 outdated; 

21 (B) ensure that the standards developed 

22 pursuant to this paragraph are uniform and 

23 nondiscriminatory and are applied in a uniform 

24 and nondiscriminatory manner; and 


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1 (C) not later than 45 days after the dead2 line for public notice and comment, publish the 

3 standards developed pursuant to this paragraph 

4 on the Director’s website and make those stand5 ards available in written form upon request. 

6 (4) SECURITY POLICY.—The Director of the Na7 tional Institute of Standards and Technology shall, 

8 after providing the public with notice and the oppor9 tunity to comment, publish privacy and security 

10 standards for voter registration information not later 

11 than 45 days after the deadline for public notice and 

12 comment. The standards shall require the chief State 

13 election official of each State to adopt a policy that 

14 shall specify— 

15 (A) each class of users who shall have au16 thorized access to the computerized statewide 

17 voter registration list, specifying for each class 

18 the permission and levels of access to be granted, 

19 and setting forth other safeguards to protect the 

20 privacy, security, and accuracy of the informa21 tion on the list; and 

22 (B) security safeguards to protect personal 

23 information transmitted through the information 

24 transmittal processes of section 1013 or section 

25 1014, the online system used pursuant to section 


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1 1017, any telephone interface, the maintenance 

2 of the voter registration database, and any audit 

3 procedure to track access to the system. 

4 (5) STATE COMPLIANCE WITH NATIONAL STAND5 ARDS.— 

6 (A) CERTIFICATION.—The chief executive of7 ficer of the State shall annually file with the 

8 Election Assistance Commission a statement cer9 tifying to the Director of the National Institute 

10 of Standards and Technology that the State is in 

11 compliance with the standards referred to in 

12 paragraphs (3) and (4). A State may meet the 

13 requirement of the previous sentence by filing 

14 with the Commission a statement which reads as 

15 follows: ‘‘lllll hereby certifies that it is 

16 in compliance with the standards referred to in 

17 paragraphs (3) and (4) of section 1015(e) of the 

18 Automatic Voter Registration Act of 2019.’’ 

19 (with the blank to be filled in with the name of 

20 the State involved). 

21 (B) PUBLICATION OF POLICIES AND PROCE22 DURES.—The chief State election official of a 

23 State shall publish on the official’s website the 

24 policies and procedures established under this 

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1 dures available in written form upon public re2 quest. 

3 (C) FUNDING DEPENDENT ON CERTIFI4 CATION.—If a State does not timely file the cer5 tification required under this paragraph, it shall 

6 not receive any payment under this part for the 

7 upcoming fiscal year. 

8 (D) COMPLIANCE OF STATES THAT REQUIRE

9 CHANGES TO STATE LAW.—In the case of a State 

10 that requires State legislation to carry out an 

11 activity covered by any certification submitted 

12 under this paragraph, for a period of not more 

13 than 2 years the State shall be permitted to 

14 make the certification notwithstanding that the 

15 legislation has not been enacted at the time the 

16 certification is submitted, and such State shall 

17 submit an additional certification once such leg18 islation is enacted. 

19 (f) RESTRICTIONS ON USE OF INFORMATION.—No per20 son acting under color of law may discriminate against any 

21 individual based on, or use for any purpose other than voter 

22 registration, election administration, or enforcement relat23 ing to election crimes, any of the following: 

24 (1) Voter registration records. 


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1 (2) An individual’s declination to register to vote 

2 or complete an affirmation of citizenship under sec3 tion 1013(b). 

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

5 (g) PROHIBITION ON THE USE OF VOTER REGISTRA6 TION INFORMATION FOR COMMERCIAL PURPOSES.—Infor7 mation collected under this part shall not be used for com8 mercial purposes. Nothing in this subsection may be con9 strued to prohibit the transmission, exchange, or dissemina10 tion of information for political purposes, including the 

11 support of campaigns for election for Federal, State, or local 

12 public office or the activities of political committees (includ13 ing committees of political parties) under the Federal Elec14 tion Campaign Act of 1971. 

15 SEC. 1016. REGISTRATION PORTABILITY AND CORRECTION. 

16 (a) CORRECTING REGISTRATION INFORMATION AT

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

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

19 an individual is registered to vote in elections for Federal 

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

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

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

23 the election) shall permit the individual to— 

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

25 of the records of the election official; 


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1 (2) correct any incorrect information relating to 

2 the individual, including the individual’s name and 

3 political party affiliation, in the records of the elec4 tion official; and 

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

6 the updated address or corrected information, and to 

7 have the ballot treated as a regular ballot and not as 

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

9 (b) UPDATES TO COMPUTERIZED STATEWIDE VOTER

10 REGISTRATION LISTS.—If an election official at the polling 

11 place receives an updated address or corrected information 

12 from an individual under subsection (a), the official shall 

13 ensure that the address or information is promptly entered 

14 into the computerized Statewide voter registration list in 

15 accordance with section 303(a)(1)(A)(vi) of the Help Amer16 ica Vote Act of 2002 (52 U.S.C. 21083(a)(1)(A)(vi)). 

17 SEC. 1017. PAYMENTS AND GRANTS. 

18 (a) IN GENERAL.—The Election Assistance Commis19 sion shall make grants to each eligible State to assist the 

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

21 in the case of an exempt State, in implementing its existing 

22 automatic voter registration program). 

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

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


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1 the Commission, at such time and in such form as the Com2 mission may require, an application containing— 

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

4 carry out with the grant; 

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

6 such activities without partisan bias and without 

7 promoting any particular point of view regarding 

8 any issue; and 

9 (3) such other information and assurances as the 

10 Commission may require. 

11 (c) AMOUNT OF GRANT; PRIORITIES.—The Commis12 sion shall determine the amount of a grant made to an eli13 gible State under this section. In determining the amounts 

14 of the grants, the Commission shall give priority to pro15 viding funds for those activities which are most likely to 

16 accelerate compliance with the requirements of this part (or, 

17 in the case of an exempt State, which are most likely to 

18 enhance the ability of the State to automatically register 

19 individuals to vote through its existing automatic voter reg20 istration program), including— 

21 (1) investments supporting electronic informa22 tion transfer, including electronic collection and 

23 transfer of signatures, between contributing agencies 

24 and the appropriate State election officials; 


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1 (2) updates to online or electronic voter registra2 tion systems already operating as of the date of the 

3 enactment of this Act; 

4 (3) introduction of online voter registration sys5 tems in jurisdictions in which those systems did not 

6 previously exist; and 

7 (4) public education on the availability of new 

8 methods of registering to vote, updating registration, 

9 and correcting registration. 

10 (d) AUTHORIZATION OF APPROPRIATIONS.— 

11 (1) AUTHORIZATION.—There are authorized to be 

12 appropriated to carry out this section— 

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

14 (B) such sums as may be necessary for each 

15 succeeding fiscal year. 

16 (2) CONTINUING AVAILABILITY OF FUNDS.—Any 

17 amounts appropriated pursuant to the authority of 

18 this subsection shall remain available without fiscal 

19 year limitation until expended. 

20 SEC. 1018. TREATMENT OF EXEMPT STATES. 

21 (a) WAIVER OF REQUIREMENTS.—Except as provided 

22 in subsection (b), this part does not apply with respect to 

23 an exempt State. 

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

25 part apply with respect to an exempt State: 


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1 (1) section 1016 (relating to registration port2 ability and correction). 

3 (2) section 1017 (relating to payments and 

4 grants). 

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

6 (4) Section 1019(f) (relating to relation to other 

7 laws). 

8 SEC. 1019. MISCELLANEOUS PROVISIONS. 

9 (a) ACCESSIBILITY OF REGISTRATION SERVICES.— 

10 Each contributing agency shall ensure that the services it 

11 provides under this part are made available to individuals 

12 with disabilities to the same extent as services are made 

13 available to all other individuals. 

14 (b) TRANSMISSION THROUGH SECURE THIRD PARTY

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

16 prevent a contributing agency from contracting with a 

17 third party to assist the agency in meeting the information 

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

19 transmittal complies with the applicable requirements of 

20 this part, including the privacy and security provisions of 

21 section 1015. 

22 (c) NONPARTISAN, NONDISCRIMINATORY PROVISION OF

23 SERVICES.—The services made available by contributing 

24 agencies under this part and by the State under sections 

25 1006 and 1007 shall be made in a manner consistent with 


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1 paragraphs (4), (5), and (6)(C) of section 7(a) of the Na2 tional Voter Registration Act of 1993 (52 U.S.C. 20506(a)). 

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

4 this part via electronic mail if the individual has provided 

5 an electronic mail address and consented to electronic mail 

6 communications for election-related materials. All notices 

7 sent pursuant to this part that require a response must offer 

8 the individual notified the opportunity to respond at no 

9 cost to the individual. 

10 (e) ENFORCEMENT.—Section 11 of the National Voter 

11 Registration Act of 1993 (52 U.S.C. 20510), relating to civil 

12 enforcement and the availability of private rights of action, 

13 shall apply with respect to this part in the same manner 

14 as such section applies to such Act. 

15 (f) RELATION TO OTHER LAWS.—Except as provided, 

16 nothing in this part may be construed to authorize or re17 quire conduct prohibited under, or to supersede, restrict, or 

18 limit the application of any of the following: 

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

20 10301 et seq.). 

21 (2) The Uniformed and Overseas Citizens Absen22 tee Voting Act (52 U.S.C. 20301 et seq.). 

23 (3) The National Voter Registration Act of 1993 

24 (52 U.S.C. 20501 et seq.). 


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

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

3 SEC. 1020. DEFINITIONS. 

4 In this part, the following definitions apply: 

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

6 means, with respect to a State, the individual des7 ignated by the State under section 10 of the National 

8 Voter Registration Act of 1993 (52 U.S.C. 20509) to 

9 be responsible for coordination of the State’s respon10 sibilities under such Act. 

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

12 Assistance Commission. 

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

14 which, under law which is in effect continuously on 

15 and after the date of the enactment of this Act, oper16 ates an automatic voter registration program under 

17 which an individual is automatically registered to 

18 vote in elections for Federal office in the State if the 

19 individual provides the motor vehicle authority of the 

20 State (or, in the case of a State in which an indi21 vidual is automatically registered to vote at the time 

22 the individual applies for benefits or services with a 

23 Permanent Dividend Fund of the State, provides the 

24 appropriate official of such Fund) with such identi25 fying information as the State may require. 


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

2 States and the District of Columbia. 

3 SEC. 1021. EFFECTIVE DATE. 

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

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

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

7 (b) WAIVER.—Subject to the approval of the Commis8 sion, if a State certifies to the Commission that the State 

9 will not meet the deadline referred to in subsection (a) be10 cause of extraordinary circumstances and includes in the 

11 certification the reasons for the failure to meet the deadline, 

12 subsection (a) shall apply to the State as if the reference 

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

14 to ‘‘January 1, 2023’’. 

15 PART 3—SAME DAY VOTER REGISTRATION 

16 SEC. 1031. SAME DAY REGISTRATION. 

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

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

19 (1) by redesignating sections 304 and 305 as sec20 tions 305 and 306; and 

21 (2) by inserting after section 303 the following 

22 new section: 

23 ‘‘SEC. 304. SAME DAY REGISTRATION. 

24 ‘‘(a) IN GENERAL.— 


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1 ‘‘(1) REGISTRATION.—Notwithstanding section 

2 8(a)(1)(D) of the National Voter Registration Act of 

3 1993 (52 U.S.C. 20507(a)(1)(D)), each State shall 

4 permit any eligible individual on the day of a Fed5 eral election and on any day when voting, including 

6 early voting, is permitted for a Federal election— 

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

8 the polling place using a form that meets the re9 quirements under section 9(b) of the National 

10 Voter Registration Act of 1993 (or, if the indi11 vidual is already registered to vote, to revise any 

12 of the individual’s voter registration informa13 tion); and 

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

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

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

17 under a State law in effect continuously on and after 

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

19 voter registration requirement for individuals in the 

20 State with respect to elections for Federal office. 

21 ‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of this sec22 tion, the term ‘eligible individual’ means, with respect to 

23 any election for Federal office, an individual who is other24 wise qualified to vote in that election. 


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1 ‘‘(c) EFFECTIVE DATE.—Each State shall be required 

2 to comply with the requirements of subsection (a) for the 

3 regularly scheduled general election for Federal office occur4 ring in November 2020 and for any subsequent election for 

5 Federal office.’’. 

6 (b) CONFORMING AMENDMENT RELATING TO EN7 FORCEMENT.—Section 401 of such Act (52 U.S.C. 21111) 

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

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

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

11 such Act is amended— 

12 (1) by redesignating the items relating to sec13 tions 304 and 305 as relating to sections 305 and 

14 306; and 

15 (2) by inserting after the item relating to section 

16 303 the following new item: 

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

17 PART 4—CONDITIONS ON REMOVAL ON BASIS OF 

18 INTERSTATE CROSS-CHECKS 

19 SEC. 1041. CONDITIONS ON REMOVAL OF REGISTRANTS 

20 FROM OFFICIAL LIST OF ELIGIBLE VOTERS 

21 ON BASIS OF INTERSTATE CROSS-CHECKS. 

22 (a) MINIMUM INFORMATION REQUIRED FOR REMOVAL

23 UNDER CROSS-CHECK.—Section 8(c)(2) of the National 

24 Voter Registration Act of 1993 (52 U.S.C. 20507(c)(2)) is 

25 amended— 


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1 (1) by redesignating subparagraph (B) as sub2 paragraph (D); and 

3 (2) by inserting after subparagraph (A) the fol4 lowing new subparagraphs: 

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

6 a State under subparagraph (A) to systematically remove 

7 the names of ineligible voters from the official lists of eligi8 ble voters uses information obtained in an interstate cross9 check, in addition to any other conditions imposed under 

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

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

12 name of the voter from such a list unless— 

13 ‘‘(i) the State obtained the voter’s full name (in14 cluding the voter’s middle name, if any) and date of 

15 birth, and the last 4 digits of the voter’s social secu16 rity number, in the interstate cross-check; or 

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

18 ERIC system that the voter is no longer a resident of 

19 the State. 

20 ‘‘(C) In this paragraph— 

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

22 transmission of information from an election official 

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

24 and 


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

2 operated by the Electronic Registration Information 

3 Center to share voter registration information and 

4 voter identification information among participating 

5 States.’’. 

6 (b) REQUIRING COMPLETION OF CROSS-CHECKS NOT

7 LATER THAN 6 MONTHS PRIOR TO ELECTION.—Subpara8 graph (A) of section 8(c)(2) of such Act (52 U.S.C. 

9 20507(c)(2)) is amended by striking ‘‘not later than 90 

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

11 (or, in the case of a program in which the State uses inter12 state cross-checks, not later than 6 months)’’. 

13 (c) CONFORMING AMENDMENT.—Subparagraph (D) of 

14 section 8(c)(2) of such Act (52 U.S.C. 20507(c)(2)), as redes15 ignated by subsection (a)(1), is amended by striking ‘‘Sub16 paragraph (A)’’ and inserting ‘‘This paragraph’’. 

17 (d) EFFECTIVE DATE.—The amendments made by this 

18 Act shall apply with respect to elections held on or after 

19 the expiration of the 6-month period which begins on the 

20 date of the enactment of this Act. 


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1 PART 5—OTHER INITIATIVES TO PROMOTE 

2 VOTER REGISTRATION 

3 SEC. 1051. ANNUAL REPORTS ON VOTER REGISTRATION 

4 STATISTICS. 

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

6 the end of each year, each State shall submit to the Election 

7 Assistance Commission and Congress a report containing 

8 the following categories of information for the year: 

9 (1) The number of individuals who were reg10 istered under part 2. 

11 (2) The number of voter registration application 

12 forms completed by individuals that were transmitted 

13 by motor vehicle authorities in the State (pursuant to 

14 section 5(d) of the National Voter Registration Act of 

15 1993) and voter registration agencies in the State (as 

16 designated under section 7 of such Act) to the chief 

17 State election official of the State, broken down by 

18 each such authority and agency. 

19 (3) The number of such individuals whose voter 

20 registration application forms were accepted and who 

21 were registered to vote in the State and the number 

22 of such individuals whose forms were rejected and 

23 who were not registered to vote in the State, broken 

24 down by each such authority and agency. 

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

26 other forms of information indicating that an indiVerDate Sep 11 2014 01:44 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6203 E:\BILLS\H1.RH H1

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1 vidual’s identifying information has been changed 

2 that were transmitted by such motor vehicle authori3 ties and voter registration agencies to the chief State 

4 election official of the State, broken down by each 

5 such authority and agency and the type of form 

6 transmitted. 

7 (5) The number of individuals on the Statewide 

8 computerized voter registration list (as established 

9 and maintained under section 303 of the Help Amer10 ica Vote Act of 2002) whose voter registration infor11 mation was revised by the chief State election official 

12 as a result of the forms transmitted to the official by 

13 such motor vehicle authorities and voter registration 

14 agencies (as described in paragraph (3)), broken down 

15 by each such authority and agency and the type of 

16 form transmitted. 

17 (6) The number of individuals who requested the 

18 chief State election official to revise voter registration 

19 information on such list, and the number of individ20 uals whose information was revised as a result of such 

21 a request. 

22 (b) BREAKDOWN OF INFORMATION BY RACE AND ETH23 NICITY OF INDIVIDUALS.—In preparing the report under 

24 this section, the State shall, for each category of information 

25 described in subsection (a), include a breakdown by race 


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1 and ethnicity of the individuals whose information is in2 cluded in the category, to the extent that information on 

3 the race and ethnicity of such individuals is available to 

4 the State. 

5 (c) CONFIDENTIALITY OF INFORMATION.—In pre6 paring and submitting a report under this section, the chief 

7 State election official shall ensure that no information re8 garding the identification of any individual is revealed. 

9 (d) STATE DEFINED.—In this section, a ‘‘State’’ in10 cludes the District of Columbia, the Commonwealth of Puer11 to Rico, the United States Virgin Islands, Guam, American 

12 Samoa, and the Commonwealth of the Northern Mariana 

13 Islands, but does not include any State in which, under 

14 a State law in effect continuously on and after the date 

15 of the enactment of this Act, there is no voter registration 

16 requirement for individuals in the State with respect to 

17 elections for Federal office. 

18 PART 6—AVAILABILITY OF HAVA REQUIREMENTS 

19 PAYMENTS 

20 SEC. 1061. AVAILABILITY OF REQUIREMENTS PAYMENTS 

21 UNDER HAVA TO COVER COSTS OF COMPLI22 ANCE WITH NEW REQUIREMENTS. 

23 (a) IN GENERAL.—Section 251(b) of the Help America 

24 Vote Act of 2002 (52 U.S.C. 21001(b)) is amended— 


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

2 and inserting ‘‘(2), (3), and (4)’’; and 

3 (2) by adding at the end the following new para4 graph: 

5 ‘‘(4) CERTAIN VOTER REGISTRATION ACTIVI6 TIES.—A State may use a requirements payment to 

7 carry out any of the requirements of the Voter Reg8 istration Modernization Act of 2019, including the re9 quirements of the National Voter Registration Act of 

10 1993 which are imposed pursuant to the amendments 

11 made to such Act by the Voter Registration Mod12 ernization Act of 2019.’’. 

13 (b) CONFORMING AMENDMENT.—Section 254(a)(1) of 

14 such Act (52 U.S.C. 21004(a)(1)) is amended by striking 

15 ‘‘section 251(a)(2)’’ and inserting ‘‘section 251(b)(2)’’. 

16 (c) EFFECTIVE DATE.—The amendments made by this 

17 section shall apply with respect to fiscal year 2018 and each 

18 succeeding fiscal year. 

19 PART 7—PROHIBITING INTERFERENCE WITH 

20 VOTER REGISTRATION 

21 SEC. 1071. [RESERVED]. 

22 SEC. 1072. ESTABLISHMENT OF BEST PRACTICES. 

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

24 the date of the enactment of this Act, the Election Assistance 

25 Commission shall develop and publish recommendations for 


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1 best practices for States to use to deter and prevent viola2 tions of section 612 of title 18, United States Code (as added 

3 by section 1071), and section 12 of the National Voter Reg4 istration Act of 1993 (52 U.S.C. 20511) (relating to the un5 lawful interference with registering to vote, or voting, or 

6 attempting to register to vote or vote), including practices 

7 to provide for the posting of relevant information at polling 

8 places and voter registration agencies under such Act, the 

9 training of poll workers and election officials, and relevant 

10 educational materials. For purposes of this subsection, the 

11 term ‘‘State’’ includes the District of Columbia, the Com12 monwealth of Puerto Rico, Guam, American Samoa, the 

13 United States Virgin Islands, and the Commonwealth of the 

14 Northern Mariana Islands. 

15 (b) INCLUSION IN VOTER INFORMATION REQUIRE16 MENTS.—Section 302(b)(2) of the Help America Vote Act 

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

18 (1) by striking ‘‘and’’ at the end of subpara19 graph (E); 

20 (2) by striking the period at the end of subpara21 graph (F) and inserting ‘‘; and’’; and 

22 (3) by adding at the end the following new sub23 paragraph: 

24 ‘‘(G) information relating to the prohibi25 tions of section 612 of title 18, United States 


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1 Code, and section 12 of the National Voter Reg2 istration Act of 1993 (52 U.S.C. 20511) (relating 

3 to the unlawful interference with registering to 

4 vote, or voting, or attempting to register to vote 

5 or vote), including information on how individ6 uals may report allegations of violations of such 

7 prohibitions.’’. 

8 Subtitle B—Access to Voting for 

9 Individuals With Disabilities 

10 SEC. 1101. REQUIREMENTS FOR STATES TO PROMOTE AC11 CESS TO VOTER REGISTRATION AND VOTING 

12 FOR INDIVIDUALS WITH DISABILITIES. 

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

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

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

16 (1) by redesignating sections 305 and 306 as sec17 tions 306 and 307; and 

18 (2) by inserting after section 304 the following 

19 new section: 

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

21 FOR INDIVIDUALS WITH DISABILITIES. 

22 ‘‘(a) TREATMENT OF APPLICATIONS AND BALLOTS.— 

23 Each State shall— 


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

2 absentee registration procedures and to vote by absen3 tee ballot in elections for Federal office; 

4 ‘‘(2) accept and process, with respect to any elec5 tion for Federal office, any otherwise valid voter reg6 istration application and absentee ballot application 

7 from an individual with a disability if the applica8 tion is received by the appropriate State election offi9 cial within the deadline for the election which is ap10 plicable under Federal law; 

11 ‘‘(3) in addition to any other method of reg12 istering to vote or applying for an absentee ballot in 

13 the State, establish procedures— 

14 ‘‘(A) for individuals with disabilities to re15 quest by mail and electronically voter registra16 tion applications and absentee ballot applica17 tions with respect to elections for Federal office 

18 in accordance with subsection (c); 

19 ‘‘(B) for States to send by mail and elec20 tronically (in accordance with the preferred 

21 method of transmission designated by the indi22 vidual under subparagraph (C)) voter registra23 tion applications and absentee ballot applica24 tions requested under subparagraph (A) in ac25 cordance with subsection (c); and 


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1 ‘‘(C) by which such an individual can des2 ignate whether the individual prefers that such 

3 voter registration application or absentee ballot 

4 application be transmitted by mail or electroni5 cally; 

6 ‘‘(4) in addition to any other method of trans7 mitting blank absentee ballots in the State, establish 

8 procedures for transmitting by mail and electroni9 cally blank absentee ballots to individuals with dis10 abilities with respect to elections for Federal office in 

11 accordance with subsection (d); 

12 ‘‘(5) transmit a validly requested absentee ballot 

13 to an individual with a disability— 

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

15 the case in which the request is received at least 

16 45 days before an election for Federal office, not 

17 later than 45 days before the election; and 

18 ‘‘(B) in the case in which the request is re19 ceived less than 45 days before an election for 

20 Federal office— 

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

22 ‘‘(ii) if practicable and as determined 

23 appropriate by the State, in a manner that 

24 expedites the transmission of such absentee 

25 ballot; and 


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

2 runoff election for Federal office, establish a written 

3 plan that provides absentee ballots are made available 

4 to individuals with disabilities in a manner that 

5 gives them sufficient time to vote in the runoff elec6 tion. 

7 ‘‘(b) DESIGNATION OF SINGLE STATE OFFICE TO PRO8 VIDE INFORMATION ON REGISTRATION AND ABSENTEE BAL9 LOT PROCEDURES FOR ALL DISABLED VOTERS IN

10 STATE.—Each State shall designate a single office which 

11 shall be responsible for providing information regarding 

12 voter registration procedures and absentee ballot procedures 

13 to be used by individuals with disabilities with respect to 

14 elections for Federal office to all individuals with disabil15 ities who wish to register to vote or vote in any jurisdiction 

16 in the State. 

17 ‘‘(c) DESIGNATION OF MEANS OF ELECTRONIC COM18 MUNICATION FOR INDIVIDUALS WITH DISABILITIES TO RE19 QUEST AND FOR STATES TO SEND VOTER REGISTRATION

20 APPLICATIONS AND ABSENTEE BALLOT APPLICATIONS, AND

21 FOR OTHER PURPOSES RELATED TO VOTING INFORMA22 TION.— 

23 ‘‘(1) IN GENERAL.—Each State shall, in addi24 tion to the designation of a single State office under 


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1 subsection (b), designate not less than 1 means of elec2 tronic communication— 

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

4 who wish to register to vote or vote in any juris5 diction in the State to request voter registration 

6 applications and absentee ballot applications 

7 under subsection (a)(3); 

8 ‘‘(B) for use by States to send voter reg9 istration applications and absentee ballot appli10 cations requested under such subsection; and 

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

12 voting, balloting, and election information to in13 dividuals with disabilities. 

14 ‘‘(2) CLARIFICATION REGARDING PROVISION OF

15 MULTIPLE MEANS OF ELECTRONIC COMMUNICATION.— 

16 A State may, in addition to the means of electronic 

17 communication so designated, provide multiple means 

18 of electronic communication to individuals with dis19 abilities, including a means of electronic communica20 tion for the appropriate jurisdiction of the State. 

21 ‘‘(3) INCLUSION OF DESIGNATED MEANS OF

22 ELECTRONIC COMMUNICATION WITH INFORMATIONAL

23 AND INSTRUCTIONAL MATERIALS THAT ACCOMPANY

24 BALLOTING MATERIALS.—Each State shall include a 

25 means of electronic communication so designated with 


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1 all informational and instructional materials that ac2 company balloting materials sent by the State to in3 dividuals with disabilities. 

4 ‘‘(4) TRANSMISSION IF NO PREFERENCE INDI5 CATED.—In the case where an individual with a dis6 ability does not designate a preference under sub7 section (a)(3)(C), the State shall transmit the voter 

8 registration application or absentee ballot application 

9 by any delivery method allowable in accordance with 

10 applicable State law, or if there is no applicable State 

11 law, by mail. 

12 ‘‘(d) TRANSMISSION OF BLANK ABSENTEE BALLOTS

13 BY MAIL AND ELECTRONICALLY.— 

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

15 procedures— 

16 ‘‘(A) to securely transmit blank absentee 

17 ballots by mail and electronically (in accordance 

18 with the preferred method of transmission des19 ignated by the individual with a disability 

20 under subparagraph (B)) to individuals with 

21 disabilities for an election for Federal office; and 

22 ‘‘(B) by which the individual with a dis23 ability can designate whether the individual pre24 fers that such blank absentee ballot be trans25 mitted by mail or electronically. 


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

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

7 law, by mail. 

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

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

12 such methods as the State considers appropriate, such 

13 as assigning a unique identifier to the ballot, to en14 sure that if an individual with a disability requests 

15 the State to transmit a blank absentee ballot to the 

16 individual in accordance with this subsection, the 

17 voted absentee ballot which is returned by the indi18 vidual is the same blank absentee ballot which the 

19 State transmitted to the individual. 

20 ‘‘(e) HARDSHIP EXEMPTION.— 

21 ‘‘(1) IN GENERAL.—If the chief State election of22 ficial determines that the State is unable to meet the 

23 requirement under subsection (a)(5)(A) with respect 

24 to an election for Federal office due to an undue 

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


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1 State election official shall request that the Attorney 

2 General grant a waiver to the State of the application 

3 of such subsection. Such request shall include— 

4 ‘‘(A) a recognition that the purpose of such 

5 subsection is to individuals with disabilities 

6 enough time to vote in an election for Federal of7 fice; 

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

9 indicates why the State is unable to transmit 

10 such individuals an absentee ballot in accord11 ance with such subsection; 

12 ‘‘(C) the number of days prior to the elec13 tion for Federal office that the State requires ab14 sentee ballots be transmitted to such individuals; 

15 and 

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

17 such individuals are able to receive absentee bal18 lots which they have requested and submit 

19 marked absentee ballots to the appropriate State 

20 election official in time to have that ballot count21 ed in the election for Federal office, which in22 cludes— 

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

24 to ensure that such individuals have time to 

25 receive, mark, and submit their ballots in 


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1 time to have those ballots counted in the 

2 election; 

3 ‘‘(ii) why the plan provides such indi4 viduals sufficient time to vote as a sub5 stitute for the requirements under such sub6 section; and 

7 ‘‘(iii) the underlying factual informa8 tion which explains how the plan provides 

9 such sufficient time to vote as a substitute 

10 for such requirements. 

11 ‘‘(2) APPROVAL OF WAIVER REQUEST.—The At12 torney General shall approve a waiver request under 

13 paragraph (1) if the Attorney General determines 

14 each of the following requirements are met: 

15 ‘‘(A) The comprehensive plan under sub16 paragraph (D) of such paragraph provides indi17 viduals with disabilities sufficient time to receive 

18 absentee ballots they have requested and submit 

19 marked absentee ballots to the appropriate State 

20 election official in time to have that ballot count21 ed in the election for Federal office. 

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

23 creates an undue hardship for the State: 


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1 ‘‘(i) The State’s primary election date 

2 prohibits the State from complying with 

3 subsection (a)(5)(A). 

4 ‘‘(ii) The State has suffered a delay in 

5 generating ballots due to a legal contest. 

6 ‘‘(iii) The State Constitution prohibits 

7 the State from complying with such sub8 section. 

9 ‘‘(3) TIMING OF WAIVER.— 

10 ‘‘(A) IN GENERAL.—Except as provided 

11 under subparagraph (B), a State that requests a 

12 waiver under paragraph (1) shall submit to the 

13 Attorney General the written waiver request not 

14 later than 90 days before the election for Federal 

15 office with respect to which the request is sub16 mitted. The Attorney General shall approve or 

17 deny the waiver request not later than 65 days 

18 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 Attorney 

23 General the written waiver request as soon as 

24 practicable. The Attorney General shall approve 

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1 ness days after the date on which the request is 

2 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 ap8 prove a waiver if the State has submitted a request 

9 under paragraph (1) with respect to such election. 

10 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec11 tion may be construed to allow the marking or casting of 

12 ballots over the internet. 

13 ‘‘(g) INDIVIDUAL WITH A DISABILITY DEFINED.—In 

14 this section, an ‘individual with a disability’ means an in15 dividual with an impairment that substantially limits any 

16 major life activities and who is otherwise qualified to vote 

17 in elections for Federal office. 

18 ‘‘(h) EFFECTIVE DATE.—This section shall apply with 

19 respect to elections for Federal office held on or after Janu20 ary 1, 2020.’’. 

21 (b) CONFORMING AMENDMENT RELATING TO

22 ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION ASSIST23 ANCE COMMISSION.—Section 311(b) of such Act (52 U.S.C. 

24 21101(b)) is amended— 


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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 para6 graph: 

7 ‘‘(4) in the case of the recommendations with re8 spect to section 305, January 1, 2020.’’. 

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

10 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 section 

15 304 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 home 

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1 ities (including impairments involving vision, hear2 ing, mobility, or dexterity) through the implementa3 tion of accessible absentee voting systems that work in 

4 conjunction with assistive technologies for which indi5 viduals have access at their homes, independent living 

6 centers, or other facilities; 

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

8 travel, entrances, exits, and voting areas of each poll9 ing facility, accessible to individuals with disabilities, 

10 including the blind and visually impaired, in a man11 ner that provides the same opportunity for access and 

12 participation (including privacy and independence) 

13 as for other voters; and 

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

15 voting and elections for individuals with disabilities 

16 that are universally designed and provide the same 

17 opportunities for individuals with and without dis18 abilities.’’. 

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

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

21 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.’’. 


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1 (c) PERIOD OF AVAILABILITY OF FUNDS.—Section 264 

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

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

4 and inserting ‘‘Except as provided in subsection (b), 

5 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 EXPENDI10 TURE.—In the case of any amounts appropriated 

11 pursuant to the authority of subsection (a) for a pay12 ment to a State or unit of local government for fiscal 

13 year 2020 or any succeeding fiscal year, any portion 

14 of such amounts which have not been obligated or ex15 pended by the State or unit of local government prior 

16 to the expiration of the 4-year period which begins on 

17 the date the State or unit of local government first re18 ceived the amounts shall be transferred to the Com19 mission. 

20 ‘‘(2) REALLOCATION OF TRANSFERRED

21 AMOUNTS.— 

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

23 use the amounts transferred under paragraph (1) 

24 to make payments on a pro rata basis to each 

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1 graph (B), which may obligate and expend such 

2 payment for the purposes described in section 

3 261(b) during the 1-year period which begins on 

4 the date of receipt. 

5 ‘‘(B) COVERED PAYMENT RECIPIENTS DE6 SCRIBED.—In subparagraph (A), a ‘covered pay7 ment recipient’ is a State or unit of local govern8 ment with respect to which— 

9 ‘‘(i) amounts were appropriated pursu10 ant to the authority of subsection (a); and 

11 ‘‘(ii) no amounts were transferred to 

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

13 Subtitle C—Prohibiting Voter 

14 Caging 

15 SEC. 1201. [RESERVED]. 

16 SEC. 1202. DEVELOPMENT AND ADOPTION OF BEST PRAC17 TICES FOR PREVENTING VOTER CAGING. 

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

19 the date of the enactment of this Act, the Election Assistance 

20 Commission shall develop and publish for the use of States 

21 recommendations for best practices to deter and prevent vio22 lations of section 613 of title 18, United States Code, as 

23 added by section 1201(a), including practices to provide for 

24 the posting of relevant information at polling places and 

25 voter registration agencies, the training of poll workers and 


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1 election officials, and relevant educational measures. For 

2 purposes of this subsection, the term ‘‘State’’ includes the 

3 District of Columbia, the Commonwealth of Puerto Rico, 

4 Guam, American Samoa, the United States Virgin Islands, 

5 and the Commonwealth of the Northern Mariana Islands. 

6 (b) INCLUSION IN VOTING INFORMATION REQUIRE7 MENTS.—Section 302(b)(2) of the Help America Vote Act 

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

9 1072(b), is amended— 

10 (1) by striking ‘‘and’’ at the end of subpara11 graph (F); 

12 (2) by striking the period at the end of subpara13 graph (G) and inserting ‘‘; and’’; and 

14 (3) by adding at the end the following new sub15 paragraph: 

16 ‘‘(H) information relating to the prohibi17 tion against voter caging and other questionable 

18 challenges (as set forth in section 613 of title 18, 

19 United States Code), including information on 

20 how individuals may report allegations of viola21 tions of such prohibition.’’. 


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1 Subtitle D—[Reserved] 

2 Subtitle E—[Reserved] 

3 Subtitle F—Promoting Accuracy, 

4 Integrity, and Security Through 

5 Voter-Verified Permanent Paper 

6 Ballot 

7 SEC. 1501. SHORT TITLE. 

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

9 and Increased Accessibility Act of 2019’’. 

10 SEC. 1502. PAPER BALLOT AND MANUAL COUNTING RE11 QUIREMENTS. 

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

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

14 amended to read as follows: 

15 ‘‘(2) PAPER BALLOT REQUIREMENT.— 

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

17 ‘‘(i) PAPER BALLOT REQUIREMENT.— 

18 (I) The voting system shall require the use 

19 of an individual, durable, voter-verified 

20 paper ballot of the voter’s vote that shall be 

21 marked and made available for inspection 

22 and verification by the voter before the vot23 er’s vote is cast and counted, and which 

24 shall be counted by hand or read by an op25 tical character recognition device or other 


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1 counting device. For purposes of this sub2 clause, the term ‘individual, durable, voter3 verified paper ballot’ means a paper ballot 

4 marked by the voter by hand or a paper 

5 ballot marked through the use of a nontab6 ulating ballot marking device or system, so 

7 long as the voter shall have the option to 

8 mark his or her ballot by hand. 

9 ‘‘(II) The voting system shall provide 

10 the voter with an opportunity to correct 

11 any error on the paper ballot before the per12 manent voter-verified paper ballot is pre13 served in accordance with clause (ii). 

14 ‘‘(III) The voting system shall not pre15 serve the voter-verified paper ballots in any 

16 manner that makes it possible, at any time 

17 after the ballot has been cast, to associate a 

18 voter with the record of the voter’s vote 

19 without the voter’s consent. 

20 ‘‘(ii) PRESERVATION AS OFFICIAL

21 RECORD.—The individual, durable, voter22 verified paper ballot used in accordance 

23 with clause (i) shall constitute the official 

24 ballot and shall be preserved and used as 

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1 count or audit conducted with respect to 

2 any election for Federal office in which the 

3 voting system is used. 

4 ‘‘(iii) MANUAL COUNTING REQUIRE5 MENTS FOR RECOUNTS AND AUDITS.—(I) 

6 Each paper ballot used pursuant to clause 

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

8 and shall be counted by hand in any re9 count or audit conducted with respect to 

10 any election for Federal office. 

11 ‘‘(II) In the event of any inconsist12 encies or irregularities between any elec13 tronic vote tallies and the vote tallies deter14 mined by counting by hand the individual, 

15 durable, voter-verified paper ballots used 

16 pursuant to clause (i), and subject to sub17 paragraph (B), the individual, durable, 

18 voter-verified paper ballots shall be the true 

19 and correct record of the votes cast. 

20 ‘‘(iv) APPLICATION TO ALL BALLOTS.— 

21 The requirements of this subparagraph shall 

22 apply to all ballots cast in elections for Fed23 eral office, including ballots cast by absent 

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1 zens Absentee Voting Act and other absentee 

2 voters. 

3 ‘‘(B) SPECIAL RULE FOR TREATMENT OF

4 DISPUTES WHEN PAPER BALLOTS HAVE BEEN

5 SHOWN TO BE COMPROMISED.— 

6 ‘‘(i) IN GENERAL.—In the event that— 

7 ‘‘(I) there is any inconsistency be8 tween any electronic vote tallies and 

9 the vote tallies determined by counting 

10 by hand the individual, durable, voter11 verified paper ballots used pursuant to 

12 subparagraph (A)(i) with respect to 

13 any election for Federal office; and 

14 ‘‘(II) it is demonstrated by clear 

15 and convincing evidence (as deter16 mined in accordance with the applica17 ble standards in the jurisdiction in18 volved) in any recount, audit, or con19 test of the result of the election that the 

20 paper ballots have been compromised 

21 (by damage or mischief or otherwise) 

22 and that a sufficient number of the 

23 ballots have been so compromised that 

24 the result of the election could be 

25 changed, 


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1 the determination of the appropriate rem2 edy with respect to the election shall be 

3 made in accordance with applicable State 

4 law, except that the electronic tally shall not 

5 be used as the exclusive basis for deter6 mining the official certified result. 

7 ‘‘(ii) RULE FOR CONSIDERATION OF

8 BALLOTS ASSOCIATED WITH EACH VOTING

9 MACHINE.—For purposes of clause (i), only 

10 the paper ballots deemed compromised, if 

11 any, shall be considered in the calculation 

12 of whether or not the result of the election 

13 could be changed due to the compromised 

14 paper ballots.’’. 

15 (b) CONFORMING AMENDMENT CLARIFYING APPLICA16 BILITY OF ALTERNATIVE LANGUAGE ACCESSIBILITY.—Sec17 tion 301(a)(4) of such Act (52 U.S.C. 21081(a)(4)) is 

18 amended by inserting ‘‘(including the paper ballots re19 quired to be used under paragraph (2))’’ after ‘‘voting sys20 tem’’. 

21 (c) OTHER CONFORMING AMENDMENTS.—Section 

22 301(a)(1) of such Act (52 U.S.C. 21081(a)(1)) is amend23 ed— 


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1 (1) in subparagraph (A)(i), by striking ‘‘count2 ed’’ and inserting ‘‘counted, in accordance with para3 graphs (2) and (3)’’; 

4 (2) in subparagraph (A)(ii), by striking ‘‘count5 ed’’ and inserting ‘‘counted, in accordance with para6 graphs (2) and (3)’’; 

7 (3) in subparagraph (A)(iii), by striking ‘‘count8 ed’’ each place it appears and inserting ‘‘counted, in 

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

10 (4) in subparagraph (B)(ii), by striking ‘‘count11 ed’’ and inserting ‘‘counted, in accordance with para12 graphs (2) and (3)’’. 

13 SEC. 1503. ACCESSIBILITY AND BALLOT VERIFICATION FOR 

14 INDIVIDUALS WITH DISABILITIES. 

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

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

17 amended to read as follows: 

18 ‘‘(B)(i) ensure that individuals with dis19 abilities and others are given an equivalent op20 portunity to vote, including with privacy and 

21 independence, in a manner that produces a 

22 voter-verified paper ballot as for other voters; 

23 ‘‘(ii) satisfy the requirement of subpara24 graph (A) through the use of at least one voting 

25 system equipped for individuals with disabilities, 


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1 including nonvisual and enhanced visual accessi2 bility for the blind and visually impaired, and 

3 nonmanual and enhanced manual accessibility 

4 for the mobility and dexterity impaired, at each 

5 polling place; and 

6 ‘‘(iii) meet the requirements of subpara7 graph (A) and paragraph (2)(A) by using a sys8 tem that— 

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

10 independently verify the permanent paper 

11 ballot through the presentation, in accessible 

12 form, of the printed or marked vote selec13 tions from the same printed or marked in14 formation that would be used for any vote 

15 counting or auditing; and 

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

17 independently verify and cast the perma18 nent paper ballot without requiring the 

19 voter to manually handle the paper ballot.’’. 

20 (b) SPECIFIC REQUIREMENT OF STUDY, TESTING, AND

21 DEVELOPMENT OF ACCESSIBLE PAPER BALLOT

22 VERIFICATION MECHANISMS.— 

23 (1) STUDY AND REPORTING.—Subtitle C of title 

24 II of such Act (52 U.S.C. 21081 et seq.) is amended— 


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1 (A) by redesignating section 247 as section 

2 248; and 

3 (B) by inserting after section 246 the fol4 lowing new section: 

5 ‘‘SEC. 247. STUDY AND REPORT ON ACCESSIBLE PAPER BAL6 LOT VERIFICATION MECHANISMS. 

7 ‘‘(a) STUDY AND REPORT.—The Director of the Na8 tional Science Foundation shall make grants to not fewer 

9 than 3 eligible entities to study, test, and develop accessible 

10 paper ballot voting, verification, and casting mechanisms 

11 and devices and best practices to enhance the accessibility 

12 of paper ballot voting and verification mechanisms for indi13 viduals with disabilities, for voters whose primary language 

14 is not English, and for voters with difficulties in literacy, 

15 including best practices for the mechanisms themselves and 

16 the processes through which the mechanisms are used. 

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

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

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

20 application containing— 

21 ‘‘(1) certifications that the entity shall specifi22 cally investigate enhanced methods or devices, includ23 ing non-electronic devices, that will assist such indi24 viduals and voters in marking voter-verified paper 

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1 tion printed or marked on such ballots back to such 

2 individuals and voters, and casting such ballots; 

3 ‘‘(2) a certification that the entity shall complete 

4 the activities carried out with the grant not later 

5 than December 31, 2020; and 

6 ‘‘(3) such other information and certifications as 

7 the Director may require. 

8 ‘‘(c) AVAILABILITY OF TECHNOLOGY.—Any technology 

9 developed with the grants made under this section shall be 

10 treated as non-proprietary and shall be made available to 

11 the public, including to manufacturers of voting systems. 

12 ‘‘(d) COORDINATION WITH GRANTS FOR TECHNOLOGY

13 IMPROVEMENTS.—The Director shall carry out this section 

14 so that the activities carried out with the grants made 

15 under subsection (a) are coordinated with the research con16 ducted under the grant program carried out by the Commis17 sion under section 271, to the extent that the Director and 

18 Commission determine necessary to provide for the advance19 ment of accessible voting technology. 

20 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out subsection (a) 

22 $5,000,000, to remain available until expended.’’. 

23 (2) CLERICAL AMENDMENT.—The table of con24 tents of such Act is amended— 


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1 (A) by redesignating the item relating to 

2 section 247 as relating to section 248; and 

3 (B) by inserting after the item relating to 

4 section 246 the following new item: 

‘‘Sec. 247. Study and report on accessible paper ballot verification mechanisms.’’. 

5 (c) CLARIFICATION OF ACCESSIBILITY STANDARDS

6 UNDER VOLUNTARY VOTING SYSTEM GUIDANCE.—In 

7 adopting any voluntary guidance under subtitle B of title 

8 III of the Help America Vote Act with respect to the accessi9 bility of the paper ballot verification requirements for indi10 viduals with disabilities, the Election Assistance Commis11 sion shall include and apply the same accessibility stand12 ards applicable under the voluntary guidance adopted for 

13 accessible voting systems under such subtitle. 

14 (d) PERMITTING USE OF FUNDS FOR PROTECTION AND

15 ADVOCACY SYSTEMS TO SUPPORT ACTIONS TO ENFORCE

16 ELECTION-RELATED DISABILITY ACCESS.—Section 292(a) 

17 of the Help America Vote Act of 2002 (52 U.S.C. 21062(a)) 

18 is amended by striking ‘‘; except that’’ and all that follows 

19 and inserting a period. 

20 SEC. 1504. DURABILITY AND READABILITY REQUIREMENTS 

21 FOR BALLOTS. 

22 Section 301(a) of the Help America Vote Act of 2002 

23 (52 U.S.C. 21081(a)) is amended by adding at the end the 

24 following new paragraph: 


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1 ‘‘(7) DURABILITY AND READABILITY REQUIRE2 MENTS FOR BALLOTS.— 

3 ‘‘(A) DURABILITY REQUIREMENTS FOR

4 PAPER BALLOTS.— 

5 ‘‘(i) IN GENERAL.—All voter-verified 

6 paper ballots required to be used under this 

7 Act shall be marked or printed on durable 

8 paper. 

9 ‘‘(ii) DEFINITION.—For purposes of 

10 this Act, paper is ‘durable’ if it is capable 

11 of withstanding multiple counts and re12 counts by hand without compromising the 

13 fundamental integrity of the ballots, and ca14 pable of retaining the information marked 

15 or printed on them for the full duration of 

16 a retention and preservation period of 22 

17 months. 

18 ‘‘(B) READABILITY REQUIREMENTS FOR

19 PAPER BALLOTS MARKED BY BALLOT MARKING

20 DEVICE.—All voter-verified paper ballots com21 pleted by the voter through the use of a ballot 

22 marking device shall be clearly readable by the 

23 voter without assistance (other than eyeglasses or 

24 other personal vision enhancing devices) and by 

25 an optical character recognition device or other 


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1 device equipped for individuals with disabil2 ities.’’. 

3 SEC. 1505. EFFECTIVE DATE FOR NEW REQUIREMENTS. 

4 Section 301(d) of the Help America Vote Act of 2002 

5 (52 U.S.C. 21081(d)) is amended to read as follows: 

6 ‘‘(d) EFFECTIVE DATE.— 

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (2), each State and jurisdiction shall be re9 quired to comply with the requirements of this section 

10 on and after January 1, 2006. 

11 ‘‘(2) SPECIAL RULE FOR CERTAIN REQUIRE12 MENTS.— 

13 ‘‘(A) IN GENERAL.—Except as provided in 

14 subparagraphs (B) and (C), the requirements of 

15 this section which are first imposed on a State 

16 and jurisdiction pursuant to the amendments 

17 made by the Voter Confidence and Increased Ac18 cessibility Act of 2019 shall apply with respect 

19 to voting systems used for any election for Fed20 eral office held in 2020 or any succeeding year. 

21 ‘‘(B) DELAY FOR JURISDICTIONS USING

22 CERTAIN PAPER RECORD PRINTERS OR CERTAIN

23 SYSTEMS USING OR PRODUCING VOTER24 VERIFIABLE PAPER RECORDS IN 2018.— 


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1 ‘‘(i) DELAY.—In the case of a jurisdic2 tion described in clause (ii), subparagraph 

3 (A) shall apply to a voting system in the ju4 risdiction as if the reference in such sub5 paragraph to ‘2020’ were a reference to 

6 ‘2022’, but only with respect to the fol7 lowing requirements of this section: 

8 ‘‘(I) Paragraph (2)(A)(i)(I) of 

9 subsection (a) (relating to the use of 

10 voter-verified paper ballots). 

11 ‘‘(II) Paragraph (3)(B)(ii)(I) and 

12 (II) of subsection (a) (relating to access 

13 to verification from and casting of the 

14 durable paper ballot). 

15 ‘‘(III) Paragraph (7) of subsection 

16 (a) (relating to durability and read17 ability requirements for ballots). 

18 ‘‘(ii) JURISDICTIONS DESCRIBED.—A 

19 jurisdiction described in this clause is a ju20 risdiction— 

21 ‘‘(I) which used voter verifiable 

22 paper record printers attached to di23 rect recording electronic voting ma24 chines, or which used other voting sys25 tems that used or produced paper 


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1 records of the vote verifiable by voters 

2 but that are not in compliance with 

3 paragraphs (2)(A)(i)(I), (3)(B)(iii)(I) 

4 and (II), and (7) of subsection (a) (as 

5 amended or added by the Voter Con6 fidence and Increased Accessibility Act 

7 of 2019), for the administration of the 

8 regularly scheduled general election for 

9 Federal office held in November 2018; 

10 and 

11 ‘‘(II) which will continue to use 

12 such printers or systems for the admin13 istration of elections for Federal office 

14 held in years before 2022. 

15 ‘‘(iii) MANDATORY AVAILABILITY OF

16 PAPER BALLOTS AT POLLING PLACES USING

17 GRANDFATHERED PRINTERS AND SYS18 TEMS.— 

19 ‘‘(I) REQUIRING BALLOTS TO BE

20 OFFERED AND PROVIDED.—The appro21 priate election official at each polling 

22 place that uses a printer or system de23 scribed in clause (ii)(I) for the admin24 istration of elections for Federal office 

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1 ble to cast a vote in the election at the 

2 polling place the opportunity to cast 

3 the vote using a blank pre-printed 

4 paper ballot which the individual may 

5 mark by hand and which is not pro6 duced by the direct recording electronic 

7 voting machine or other such system. 

8 The official shall provide the indi9 vidual with the ballot and the supplies 

10 necessary to mark the ballot, and shall 

11 ensure (to the greatest extent prac12 ticable) that the waiting period for the 

13 individual to cast a vote is the lesser of 

14 30 minutes or the average waiting pe15 riod for an individual who does not 

16 agree to cast the vote using such a 

17 paper ballot under this clause. 

18 ‘‘(II) TREATMENT OF BALLOT.— 

19 Any paper ballot which is cast by an 

20 individual under this clause shall be 

21 counted and otherwise treated as a reg22 ular ballot for all purposes (including 

23 by incorporating it into the final unof24 ficial vote count (as defined by the 

25 State) for the precinct) and not as a 


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1 provisional ballot, unless the indi2 vidual casting the ballot would have 

3 otherwise been required to cast a provi4 sional ballot. 

5 ‘‘(III) POSTING OF NOTICE.—The 

6 appropriate election official shall en7 sure there is prominently displayed at 

8 each polling place a notice that de9 scribes the obligation of the official to 

10 offer individuals the opportunity to 

11 cast votes using a pre-printed blank 

12 paper ballot. 

13 ‘‘(IV) TRAINING OF ELECTION OF14 FICIALS.—The chief State election offi15 cial shall ensure that election officials 

16 at polling places in the State are 

17 aware of the requirements of this 

18 clause, including the requirement to 

19 display a notice under subclause (III), 

20 and are aware that it is a violation of 

21 the requirements of this title for an 

22 election official to fail to offer an indi23 vidual the opportunity to cast a vote 

24 using a blank pre-printed paper ballot. 


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1 ‘‘(V) PERIOD OF APPLICA2 BILITY.—The requirements of this 

3 clause apply only during the period in 

4 which the delay is in effect under 

5 clause (i). 

6 ‘‘(C) SPECIAL RULE FOR JURISDICTIONS

7 USING CERTAIN NONTABULATING BALLOT MARK8 ING DEVICES.—In the case of a jurisdiction 

9 which uses a nontabulating ballot marking de10 vice which automatically deposits the ballot into 

11 a privacy sleeve, subparagraph (A) shall apply 

12 to a voting system in the jurisdiction as if the 

13 reference in such subparagraph to ‘any election 

14 for Federal office held in 2020 or any succeeding 

15 year’ were a reference to ‘elections for Federal of16 fice occurring held in 2022 or each succeeding 

17 year’, but only with respect to paragraph 

18 (3)(B)(iii)(II) of subsection (a) (relating to non19 manual casting of the durable paper ballot).’’. 

20 Subtitle G—Provisional Ballots 

21 SEC. 1601. REQUIREMENTS FOR COUNTING PROVISIONAL 

22 BALLOTS; ESTABLISHMENT OF UNIFORM AND 

23 NONDISCRIMINATORY STANDARDS. 

24 (a) IN GENERAL.—Section 302 of the Help America 

25 Vote Act of 2002 (52 U.S.C. 21082) is amended— 


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1 (1) by redesignating subsection (d) as subsection 

2 (f); and 

3 (2) by inserting after subsection (c) the following 

4 new subsections: 

5 ‘‘(d) STATEWIDE COUNTING OF PROVISIONAL BAL6 LOTS.— 

7 ‘‘(1) IN GENERAL.—For purposes of subsection 

8 (a)(4), notwithstanding the precinct or polling place 

9 at which a provisional ballot is cast within the State, 

10 the appropriate election official shall count each vote 

11 on such ballot for each election in which the indi12 vidual who cast such ballot is eligible to vote. 

13 ‘‘(2) EFFECTIVE DATE.—This subsection shall 

14 apply with respect to elections held on or after Janu15 ary 1, 2020. 

16 ‘‘(e) UNIFORM AND NONDISCRIMINATORY STAND17 ARDS.— 

18 ‘‘(1) IN GENERAL.—Consistent with the require19 ments of this section, each State shall establish uni20 form and nondiscriminatory standards for the 

21 issuance, handling, and counting of provisional bal22 lots. 

23 ‘‘(2) EFFECTIVE DATE.—This subsection shall 

24 apply with respect to elections held on or after Janu25 ary 1, 2020.’’. 


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1 (b) CONFORMING AMENDMENT.—Section 302(f) of such 

2 Act (52 U.S.C. 21082(f)), as redesignated by subsection (a), 

3 is amended by striking ‘‘Each State’’ and inserting ‘‘Except 

4 as provided in subsections (d)(2) and (e)(2), each State’’. 

5 Subtitle H—Early Voting 

6 SEC. 1611. EARLY VOTING. 

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

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

9 as amended by section 1031(a) and section 1101(a), is 

10 amended— 

11 (1) by redesignating sections 306 and 307 as sec12 tions 307 and 308; and 

13 (2) by inserting after section 305 the following 

14 new section: 

15 ‘‘SEC. 306. EARLY VOTING. 

16 ‘‘(a) REQUIRING VOTING PRIOR TO DATE OF ELEC17 TION.— 

18 ‘‘(1) IN GENERAL.—Each State shall allow indi19 viduals to vote in an election for Federal office during 

20 an early voting period which occurs prior to the date 

21 of the election, in the same manner as voting is al22 lowed on such date. 

23 ‘‘(2) LENGTH OF PERIOD.—The early voting pe24 riod required under this subsection with respect to an 

25 election shall consist of a period of consecutive days 


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1 (including weekends) which begins on the 15th day 

2 before the date of the election (or, at the option of the 

3 State, on a day prior to the 15th day before the date 

4 of the election) and ends on the date of the election. 

5 ‘‘(b) MINIMUM EARLY VOTING REQUIREMENTS.—Each 

6 polling place which allows voting during an early voting 

7 period under subsection (a) shall— 

8 ‘‘(1) allow such voting for no less than 4 hours 

9 on each day, except that the polling place may allow 

10 such voting for fewer than 4 hours on Sundays; and 

11 ‘‘(2) have uniform hours each day for which such 

12 voting occurs. 

13 ‘‘(c) LOCATION OF POLLING PLACES NEAR PUBLIC

14 TRANSPORTATION.—To the greatest extent practicable, a 

15 State shall ensure that each polling place which allows vot16 ing during an early voting period under subsection (a) is 

17 located within walking distance of a stop on a public trans18 portation route. 

19 ‘‘(d) STANDARDS.— 

20 ‘‘(1) IN GENERAL.—The Commission shall issue 

21 standards for the administration of voting prior to 

22 the day scheduled for a Federal election. Such stand23 ards shall include the nondiscriminatory geographic 

24 placement of polling places at which such voting oc25 curs. 


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1 ‘‘(2) DEVIATION.—The standards described in 

2 paragraph (1) shall permit States, upon providing 

3 adequate public notice, to deviate from any require4 ment in the case of unforeseen circumstances such as 

5 a natural disaster, terrorist attack, or a change in 

6 voter turnout. 

7 ‘‘(e) EFFECTIVE DATE.—This section shall apply with 

8 respect to elections held on or after January 1, 2020.’’. 

9 (b) CONFORMING AMENDMENT RELATING TO

10 ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION ASSIST11 ANCE COMMISSION.—Section 311(b) of such Act (52 U.S.C. 

12 21101(b)), as amended by section 1101(b), is amended— 

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

14 (3); 

15 (2) by striking the period at the end of para16 graph (4) and inserting ‘‘; and’’; and 

17 (3) by adding at the end the following new para18 graph: 

19 ‘‘(5) in the case of the recommendations with re20 spect to section 306, June 30, 2020.’’. 

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

22 such Act, as amended by section 1031(c) and section 

23 1101(d), is amended— 


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1 (1) by redesignating the items relating to sec2 tions 306 and 307 as relating to sections 307 and 

3 308; and 

4 (2) by inserting after the item relating to section 

5 305 the following new item: 

‘‘Sec. 306. Early voting.’’. 

6 Subtitle I—Voting by Mail 

7 SEC. 1621. VOTING BY MAIL. 

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

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

10 as amended by section 1031(a), section 1101(a), and section 

11 1611(a), is amended— 

12 (1) by redesignating sections 307 and 308 as sec13 tions 308 and 309; and 

14 (2) by inserting after section 306 the following 

15 new section: 

16 ‘‘SEC. 307. PROMOTING ABILITY OF VOTERS TO VOTE BY 

17 MAIL. 

18 ‘‘(a) IN GENERAL.—If an individual in a State is eli19 gible to cast a vote in an election for Federal office, the 

20 State may not impose any additional conditions or require21 ments on the eligibility of the individual to cast the vote 

22 in such election by absentee ballot by mail, except as re23 quired under subsection (b) and except to the extent that 

24 the State imposes a deadline for requesting the ballot and 

25 related voting materials from the appropriate State or local 


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1 election official and for returning the ballot to the appro2 priate State or local election official. 

3 ‘‘(b) REQUIRING SIGNATURE VERIFICATION.— 

4 ‘‘(1) REQUIREMENT.—A State may not accept 

5 and process an absentee ballot submitted by any indi6 vidual with respect to an election for Federal office 

7 unless the State verifies the identification of the indi8 vidual by comparing the individual’s signature on the 

9 absentee ballot with the individual’s signature on the 

10 official list of registered voters in the State, in accord11 ance with such procedures as the State may adopt 

12 (subject to the requirements of paragraph (2)). 

13 ‘‘(2) DUE PROCESS REQUIREMENTS.— 

14 ‘‘(A) NOTICE AND OPPORTUNITY TO CURE

15 DISCREPANCY.—If an individual submits an ab16 sentee ballot and the appropriate State or local 

17 election official determines that a discrepancy 

18 exists between the signature on such ballot and 

19 the signature of such individual on the official 

20 list of registered voters in the State, such election 

21 official, prior to making a final determination 

22 as to the validity of such ballot, shall make a 

23 good faith effort to immediately notify such indi24 vidual by mail, telephone, and (if available) elec25 tronic mail that— 


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1 ‘‘(i) a discrepancy exists between the 

2 signature on such ballot and the signature 

3 of such individual on the official list of reg4 istered voters in the State; 

5 ‘‘(ii) such individual may provide the 

6 official with information to cure such dis7 crepancy, either in person, by telephone, or 

8 by electronic methods; and 

9 ‘‘(iii) if such discrepancy is not cured 

10 prior to the expiration of the 7-day period 

11 which begins on the date of the election, 

12 such ballot will not be counted. 

13 ‘‘(B) OTHER REQUIREMENTS.—An election 

14 official may not make a determination that a 

15 discrepancy exists between the signature on an 

16 absentee ballot and the signature of the indi17 vidual who submits the ballot on the official list 

18 of registered voters in the State unless— 

19 ‘‘(i) at least 2 election officials make 

20 the determination; and 

21 ‘‘(ii) each official who makes the deter22 mination has received training in proce23 dures used to verify signatures. 

24 ‘‘(c) DEADLINE FOR PROVIDING BALLOTING MATE25 RIALS.—If an individual requests to vote by absentee ballot 


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1 in an election for Federal office, the appropriate State or 

2 local election official shall ensure that the ballot and relat3 ing voting materials are received by the individual— 

4 ‘‘(1) not later than 2 weeks before the date of the 

5 election; or 

6 ‘‘(2) in the case of a State which imposes a dead7 line for requesting an absentee ballot and related vot8 ing materials which is less than 2 weeks before the 

9 date of the election, as expeditiously as possible. 

10 ‘‘(d) ACCESSIBILITY FOR INDIVIDUALS WITH DISABIL11 ITIES.—Consistent with section 305, the State shall ensure 

12 that all absentee ballots and related voting materials in 

13 elections for Federal office are accessible to individuals with 

14 disabilities in a manner that provides the same opportunity 

15 for access and participation (including with privacy and 

16 independence) as for other voters. 

17 ‘‘(e) UNIFORM DEADLINE FOR ACCEPTANCE OF

18 MAILED BALLOTS.—If a ballot submitted by an individual 

19 by mail with respect to an election for Federal office in 

20 a State is postmarked on or before the date of the election, 

21 the State may not refuse to accept or process the ballot on 

22 the grounds that the individual did not meet a deadline 

23 for returning the ballot to the appropriate State or local 

24 election official. 


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1 ‘‘(f) NO EFFECT ON BALLOTS SUBMITTED BY ABSENT

2 MILITARY AND OVERSEAS VOTERS.—Nothing in this sec3 tion may be construed to affect the treatment of any ballot 

4 submitted by an individual who is entitled to vote by absen5 tee ballot under the Uniformed and Overseas Citizens Ab6 sentee Voting Act (52 U.S.C. 20301 et seq.). 

7 ‘‘(g) EFFECTIVE DATE.—This section shall apply with 

8 respect to elections held on or after January 1, 2020.’’. 

9 (b) CONFORMING AMENDMENT RELATING TO

10 ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION ASSIST11 ANCE COMMISSION.—Section 311(b) of such Act (52 U.S.C. 

12 21101(b)), as amended by section 1101(b) and section 

13 1611(b), is amended— 

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

15 (4); 

16 (2) by striking the period at the end of para17 graph (5) and inserting ‘‘; and’’; and 

18 (3) by adding at the end the following new para19 graph: 

20 ‘‘(6) in the case of the recommendations with re21 spect to section 307, June 30, 2020.’’. 

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

23 such Act, as amended by section 1031(c), section 1101(d), 

24 and section 1611(c), is amended— 


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1 (1) by redesignating the items relating to sec2 tions 307 and 308 as relating to sections 308 and 

3 309; and 

4 (2) by inserting after the item relating to section 

5 306 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 the 

9 Election Assistance Commission, shall develop stand10 ards for the use of biometric methods which could be 

11 used voluntarily in place of the signature verification 

12 requirements of section 307(b) of the Help America 

13 Vote Act of 2002 (as added by subsection (a)) for pur14 poses of verifying the identification of an individual 

15 voting by absentee ballot in elections for Federal of16 fice. 

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 In23 stitute of Standards shall publish the standards devel24 oped under paragraph (1). 


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1 Subtitle J—Absent Uniformed 

2 Services Voters and Overseas Voters 

3 SEC. 1701. PRE-ELECTION REPORTS ON AVAILABILITY AND 

4 TRANSMISSION OF ABSENTEE BALLOTS. 

5 Section 102(c) of the Uniformed and Overseas Citizens 

6 Absentee Voting Act (52 U.S.C. 20302(c)) is amended to 

7 read as follows: 

8 ‘‘(c) REPORTS ON AVAILABILITY, TRANSMISSION, AND

9 RECEIPT OF ABSENTEE BALLOTS.— 

10 ‘‘(1) PRE-ELECTION REPORT ON ABSENTEE BAL11 LOT AVAILABILITY.—Not later than 55 days before 

12 any regularly scheduled general election for Federal 

13 office, each State shall submit a report to the Attorney 

14 General, the Election Assistance Commission (here15 after in this subsection referred to as the ‘Commis16 sion’), and the Presidential Designee, and make that 

17 report publicly available that same day, certifying 

18 that absentee ballots for the election are or will be 

19 available for transmission to absent uniformed serv20 ices voters and overseas voters by not later than 45 

21 days before the election. The report shall be in a form 

22 prescribed jointly by the Attorney General and the 

23 Commission and shall require the State to certify spe24 cific information about ballot availability from each 


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1 unit of local government which will administer the 

2 election. 

3 ‘‘(2) PRE-ELECTION REPORT ON ABSENTEE BAL4 LOT TRANSMISSION.—Not later than 43 days before 

5 any regularly scheduled general election for Federal 

6 office, each State shall submit a report to the Attorney 

7 General, the Commission, and the Presidential Des8 ignee, and make that report publicly available that 

9 same day, certifying whether all absentee ballots have 

10 been transmitted by not later than 45 days before the 

11 election to all qualified absent uniformed services and 

12 overseas voters whose requests were received at least 

13 45 days before the election. The report shall be in a 

14 form prescribed jointly by the Attorney General and 

15 the Commission, and shall require the State to certify 

16 specific information about ballot transmission, in17 cluding the total numbers of ballot requests received 

18 and ballots transmitted, from each unit of local gov19 ernment which will administer the election. 

20 ‘‘(3) POST-ELECTION REPORT ON NUMBER OF

21 ABSENTEE BALLOTS TRANSMITTED AND RECEIVED.— 

22 Not later than 90 days after the date of each regularly 

23 scheduled general election for Federal office, each 

24 State and unit of local government which adminis25 tered the election shall (through the State, in the case 


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1 of a unit of local government) submit a report to the 

2 Attorney General, the Commission, and the Presi3 dential Designee on the combined number of absentee 

4 ballots transmitted to absent uniformed services voters 

5 and overseas voters for the election and the combined 

6 number of such ballots which were returned by such 

7 voters and cast in the election, and shall make such 

8 report available to the general public that same day.’’. 

9 SEC. 1702. ENFORCEMENT. 

10 (a) AVAILABILITY OF CIVIL PENALTIES AND PRIVATE

11 RIGHTS OF ACTION.—Section 105 of the Uniformed and 

12 Overseas Citizens Absentee Voting Act (52 U.S.C. 20307) 

13 is amended to read as follows: 

14 ‘‘SEC. 105. ENFORCEMENT. 

15 ‘‘(a) ACTION BY ATTORNEY GENERAL.— 

16 ‘‘(1) IN GENERAL.—The Attorney General may 

17 bring civil action in an appropriate district court for 

18 such declaratory or injunctive relief as may be nec19 essary to carry out this title. 

20 ‘‘(2) PENALTY.—In a civil action brought under 

21 paragraph (1), if the court finds that the State vio22 lated any provision of this title, it may, to vindicate 

23 the public interest, assess a civil penalty against the 

24 State— 


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1 ‘‘(A) in an amount not to exceed $110,000 

2 for each such violation, in the case of a first vio3 lation; or 

4 ‘‘(B) in an amount not to exceed $220,000 

5 for each such violation, for any subsequent viola6 tion. 

7 ‘‘(3) REPORT TO CONGRESS.—Not later than De8 cember 31 of each year, the Attorney General shall 

9 submit to Congress an annual report on any civil ac10 tion brought under paragraph (1) during the pre11 ceding year. 

12 ‘‘(b) PRIVATE RIGHT OF ACTION.—A person who is ag13 grieved by a State’s violation of this title may bring a civil 

14 action in an appropriate district court for such declaratory 

15 or injunctive relief as may be necessary to carry out this 

16 title. 

17 ‘‘(c) STATE AS ONLY NECESSARY DEFENDANT.—In 

18 any action brought under this section, the only necessary 

19 party defendant is the State, and it shall not be a defense 

20 to any such action that a local election official or a unit 

21 of local government is not named as a defendant, notwith22 standing that a State has exercised the authority described 

23 in section 576 of the Military and Overseas Voter Empower24 ment Act to delegate to another jurisdiction in the State 


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1 any duty or responsibility which is the subject of an action 

2 brought under this section.’’. 

3 (b) EFFECTIVE DATE.—The amendments made by this 

4 section shall apply with respect to violations alleged to have 

5 occurred on or after the date of the enactment of this Act. 

6 SEC. 1703. REVISIONS TO 45-DAY ABSENTEE BALLOT TRANS7 MISSION RULE. 

8 (a) REPEAL OF WAIVER AUTHORITY.— 

9 (1) IN GENERAL.—Section 102 of the Uniformed 

10 and Overseas Citizens Absentee Voting Act (52 U.S.C. 

11 20302) is amended by striking subsection (g). 

12 (2) CONFORMING AMENDMENT.—Section 

13 102(a)(8)(A) of such Act (52 U.S.C. 20302(a)(8)(A)) 

14 is amended by striking ‘‘except as provided in sub15 section (g),’’. 

16 (b) REQUIRING USE OF EXPRESS DELIVERY IN CASE

17 OF FAILURE TO MEET REQUIREMENT.—Section 102 of such 

18 Act (52 U.S.C. 20302), as amended by subsection (a), is 

19 amended by inserting after subsection (f) the following new 

20 subsection: 

21 ‘‘(g) REQUIRING USE OF EXPRESS DELIVERY IN CASE

22 OF FAILURE TO TRANSMIT BALLOTS WITHIN DEAD23 LINES.— 

24 ‘‘(1) TRANSMISSION OF BALLOT BY EXPRESS DE25 LIVERY.—If a State fails to meet the requirement of 


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1 subsection (a)(8)(A) to transmit a validly requested 

2 absentee ballot to an absent uniformed services voter 

3 or overseas voter not later than 45 days before the 

4 election (in the case in which the request is received 

5 at least 45 days before the election)— 

6 ‘‘(A) the State shall transmit the ballot to 

7 the voter by express delivery; or 

8 ‘‘(B) in the case of a voter who has des9 ignated that absentee ballots be transmitted elec10 tronically in accordance with subsection (f)(1), 

11 the State shall transmit the ballot to the voter 

12 electronically. 

13 ‘‘(2) SPECIAL RULE FOR TRANSMISSION FEWER

14 THAN 40 DAYS BEFORE THE ELECTION.—If, in car15 rying out paragraph (1), a State transmits an absen16 tee ballot to an absent uniformed services voter or 

17 overseas voter fewer than 40 days before the election, 

18 the State shall enable the ballot to be returned by the 

19 voter by express delivery, except that in the case of an 

20 absentee ballot of an absent uniformed services voter 

21 for a regularly scheduled general election for Federal 

22 office, the State may satisfy the requirement of this 

23 paragraph by notifying the voter of the procedures for 

24 the collection and delivery of such ballots under sec25 tion 103A.’’. 


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1 (c) CLARIFICATION OF TREATMENT OF WEEKENDS.— 

2 Section 102(a)(8)(A) of such Act (52 U.S.C. 

3 20302(a)(8)(A)) is amended by striking ‘‘the election;’’ and 

4 inserting the following: ‘‘the election (or, if the 45th day 

5 preceding the election is a weekend or legal public holiday, 

6 not later than the most recent weekday which precedes such 

7 45th day and which is not a legal public holiday, but only 

8 if the request is received by at least such most recent week9 day);’’. 

10 SEC. 1704. USE OF SINGLE ABSENTEE BALLOT APPLICATION 

11 FOR SUBSEQUENT ELECTIONS. 

12 (a) IN GENERAL.—Section 104 of the Uniformed and 

13 Overseas Citizens Absentee Voting Act (52 U.S.C. 20306) 

14 is amended to read as follows: 

15 ‘‘SEC. 104. USE OF SINGLE APPLICATION FOR SUBSEQUENT 

16 ELECTIONS. 

17 ‘‘(a) IN GENERAL.—If a State accepts and processes 

18 an official post card form (prescribed under section 101) 

19 submitted by an absent uniformed services voter or overseas 

20 voter for simultaneous voter registration and absentee ballot 

21 application (in accordance with section 102(a)(4)) and the 

22 voter requests that the application be considered an applica23 tion for an absentee ballot for each subsequent election for 

24 Federal office held in the State through the next regularly 

25 scheduled general election for Federal office (including any 


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1 runoff elections which may occur as a result of the outcome 

2 of such general election), the State shall provide an absentee 

3 ballot to the voter for each such subsequent election. 

4 ‘‘(b) EXCEPTION FOR VOTERS CHANGING REGISTRA5 TION.—Subsection (a) shall not apply with respect to a 

6 voter registered to vote in a State for any election held after 

7 the voter notifies the State that the voter no longer wishes 

8 to be registered to vote in the State or after the State deter9 mines that the voter has registered to vote in another State 

10 or is otherwise no longer eligible to vote in the State. 

11 ‘‘(c) PROHIBITION OF REFUSAL OF APPLICATION ON

12 GROUNDS OF EARLY SUBMISSION.—A State may not refuse 

13 to accept or to process, with respect to any election for Fed14 eral office, any otherwise valid voter registration applica15 tion or absentee ballot application (including the postcard 

16 form prescribed under section 101) submitted by an absent 

17 uniformed services voter or overseas voter on the grounds 

18 that the voter submitted the application before the first date 

19 on which the State otherwise accepts or processes such ap20 plications for that election which are submitted by absentee 

21 voters who are not members of the uniformed services or 

22 overseas citizens.’’. 

23 (b) EFFECTIVE DATE.—The amendment made by sub24 section (a) shall apply with respect to voter registration and 

25 absentee ballot applications which are submitted to a State 


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1 or local election official on or after the date of the enactment 

2 of this Act. 

3 SEC. 1705. EFFECTIVE DATE. 

4 The amendments made by this subtitle shall apply 

5 with respect to elections occurring on or after January 1, 

6 2020. 

7 Subtitle K—Poll Worker 

8 Recruitment and Training 

9 SEC. 1801. [RESERVED]. 

10 SEC. 1802. GRANTS TO STATES FOR POLL WORKER RE11 CRUITMENT AND TRAINING. 

12 (a) GRANTS BY ELECTION ASSISTANCE COMMIS13 SION.— 

14 (1) IN GENERAL.—The Election Assistance Com15 mission (hereafter referred to as the ‘‘Commission’’) 

16 shall make a grant to each eligible State for recruit17 ing and training individuals to serve as poll workers 

18 on dates of elections for public office. 

19 (2) USE OF COMMISSION MATERIALS.—In car20 rying out activities with a grant provided under this 

21 section, the recipient of the grant shall use the man22 ual prepared by the Commission on successful prac23 tices for poll worker recruiting, training and reten24 tion as an interactive training tool, and shall develop 


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1 training programs with the participation and input 

2 of experts in adult learning. 

3 (b) REQUIREMENTS FOR ELIGIBILITY.— 

4 (1) APPLICATION.—Each State that desires to re5 ceive a payment under this section shall submit an 

6 application for the payment to the Commission at 

7 such time and in such manner and containing such 

8 information as the Commission shall require. 

9 (2) CONTENTS OF APPLICATION.—Each applica10 tion submitted under paragraph (1) shall— 

11 (A) describe the activities for which assist12 ance under this section is sought; 

13 (B) provide assurances that the funds pro14 vided under this section will be used to supple15 ment and not supplant other funds used to carry 

16 out the activities; 

17 (C) provide assurances that the State will 

18 furnish the Commission with information on the 

19 number of individuals who served as poll workers 

20 after recruitment and training with the funds 

21 provided under this section; and 

22 (D) provide such additional information 

23 and certifications as the Commission determines 

24 to be essential to ensure compliance with the re25 quirements of this section. 


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1 (c) AMOUNT OF GRANT.— 

2 (1) IN GENERAL.—The amount of a grant made 

3 to a State under this section shall be equal to the 

4 product of— 

5 (A) the aggregate amount made available 

6 for grants to States under this section; and 

7 (B) the voting age population percentage for 

8 the State. 

9 (2) VOTING AGE POPULATION PERCENTAGE DE10 FINED.—In paragraph (1), the ‘‘voting age popu11 lation percentage’’ for a State is the quotient of— 

12 (A) the voting age population of the State 

13 (as determined on the basis of the most recent in14 formation available from the Bureau of the Cen15 sus); and 

16 (B) the total voting age population of all 

17 States (as determined on the basis of the most re18 cent information available from the Bureau of 

19 the Census). 

20 (d) REPORTS TO CONGRESS.— 

21 (1) REPORTS BY RECIPIENTS OF GRANTS.—Not 

22 later than 6 months after the date on which the final 

23 grant is made under this section, each recipient of a 

24 grant shall submit a report to the Commission on the 


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1 activities conducted with the funds provided by the 

2 grant. 

3 (2) REPORTS BY COMMISSION.—Not later than 1 

4 year after the date on which the final grant is made 

5 under this section, the Commission shall submit a re6 port to Congress on the grants made under this sec7 tion and the activities carried out by recipients with 

8 the grants, and shall include in the report such rec9 ommendations as the Commission considers appro10 priate. 

11 (e) FUNDING.— 

12 (1) CONTINUING AVAILABILITY OF AMOUNT AP13 PROPRIATED.—Any amount appropriated to carry 

14 out this section shall remain available without fiscal 

15 year limitation until expended. 

16 (2) ADMINISTRATIVE EXPENSES.—Of the amount 

17 appropriated for any fiscal year to carry out this sec18 tion, not more than 3 percent shall be available for 

19 administrative expenses of the Commission. 

20 SEC. 1803. STATE DEFINED. 

21 In this subtitle, the term ‘‘State’’ includes the District 

22 of Columbia, the Commonwealth of Puerto Rico, Guam, 

23 American Samoa, the United States Virgin Islands, and 

24 the Commonwealth of the Northern Mariana Islands. 


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1 Subtitle L—Enhancement of 

2 Enforcement 

3 SEC. 1811. ENHANCEMENT OF ENFORCEMENT OF HELP 

4 AMERICA VOTE ACT OF 2002. 

5 (a) COMPLAINTS; AVAILABILITY OF PRIVATE RIGHT OF

6 ACTION.—Section 401 of the Help America Vote Act of 2002 

7 (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 Attor20 ney General to take appropriate action under this 

21 section. The Attorney General shall immediately pro22 vide a copy of a complaint filed under the previous 

23 sentence to the entity responsible for administering 

24 the State-based administrative complaint procedures 

25 described in section 402(a) for the State involved. 


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1 ‘‘(2) RESPONSE BY ATTORNEY GENERAL.—The 

2 Attorney General shall respond to each complaint 

3 filed under paragraph (1), in accordance with proce4 dures established by the Attorney General that require 

5 responses and determinations to be made within the 

6 same (or shorter) deadlines which apply to a State 

7 under the State-based administrative complaint pro8 cedures described in section 402(a)(2). The Attorney 

9 General shall immediately provide a copy of the re10 sponse made under the previous sentence to the entity 

11 responsible for administering the State-based admin12 istrative complaint procedures described in section 

13 402(a) for the State involved. 

14 ‘‘(c) AVAILABILITY OF PRIVATE RIGHT OF ACTION.— 

15 Any person who is authorized to file a complaint under 

16 subsection (b)(1) (including any individual who seeks to en17 force the individual’s right to a voter-verified paper ballot, 

18 the right to have the voter-verified paper ballot counted in 

19 accordance with this Act, or any other right under title III) 

20 may file an action under section 1979 of the Revised Stat21 utes of the United States (42 U.S.C. 1983) to enforce the 

22 uniform and nondiscriminatory election technology and ad23 ministration requirements under subtitle A of title III. 

24 ‘‘(d) NO EFFECT ON STATE PROCEDURES.—Nothing 

25 in this section may be construed to affect the availability 


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1 of the State-based administrative complaint procedures re2 quired under section 402 to any person filing a complaint 

3 under this subsection.’’. 

4 (b) EFFECTIVE DATE.—The amendments made by this 

5 section shall apply with respect to violations occurring with 

6 respect to elections for Federal office held in 2020 or any 

7 succeeding year. 

8 Subtitle M—Federal Election 

9 Integrity 

10 SEC. 1821. PROHIBITION ON CAMPAIGN ACTIVITIES BY 

11 CHIEF STATE ELECTION ADMINISTRATION 

12 OFFICIALS. 

13 (a) IN GENERAL.—Title III of the Federal Election 

14 Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended 

15 by inserting after section 319 the following new section: 

16 ‘‘CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION

17 ADMINISTRATION OFFICIALS

18 ‘‘SEC. 319A. (a) PROHIBITION.—It shall be unlawful 

19 for a chief State election administration official to take an 

20 active part in political management or in a political cam21 paign with respect to any election for Federal office over 

22 which such official has supervisory authority. 

23 ‘‘(b) CHIEF STATE ELECTION ADMINISTRATION OFFI24 CIAL.—The term ‘chief State election administration offi25 cial’ means the highest State official with responsibility for 

26 the administration of Federal elections under State law. 


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1 ‘‘(c) ACTIVE PART IN POLITICAL MANAGEMENT OR IN

2 A POLITICAL CAMPAIGN.—The term ‘active part in political 

3 management or in a political campaign’ means— 

4 ‘‘(1) serving as a member of an authorized com5 mittee of a candidate for Federal office; 

6 ‘‘(2) the use of official authority or influence for 

7 the purpose of interfering with or affecting the result 

8 of an election for Federal office; 

9 ‘‘(3) the solicitation, acceptance, or receipt of a 

10 contribution from any person on behalf of a candidate 

11 for Federal office; and 

12 ‘‘(4) any other act which would be prohibited 

13 under paragraph (2) or (3) of section 7323(b) of title 

14 5, United States Code, if taken by an individual to 

15 whom such paragraph applies (other than any prohi16 bition on running for public office). 

17 ‘‘(d) EXCEPTION IN CASE OF RECUSAL FROM ADMIN18 ISTRATION OF ELECTIONS INVOLVING OFFICIAL OR IMME19 DIATE FAMILY MEMBER.— 

20 ‘‘(1) IN GENERAL.—This section does not apply 

21 to a chief State election administration official with 

22 respect to an election for Federal office in which the 

23 official or an immediate family member of the official 

24 is a candidate, but only if— 


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1 ‘‘(A) such official recuses himself or herself 

2 from all of the official’s responsibilities for the 

3 administration of such election; and 

4 ‘‘(B) the official who assumes responsibility 

5 for supervising the administration of the election 

6 does not report directly to such official. 

7 ‘‘(2) IMMEDIATE FAMILY MEMBER DEFINED.—In 

8 paragraph (1), the term ‘immediate family member’ 

9 means, with respect to a candidate, a father, mother, 

10 son, daughter, brother, sister, husband, wife, father-in11 law, or mother-in-law.’’. 

12 (b) EFFECTIVE DATE.—The amendments made by sub13 section (a) shall apply with respect to elections for Federal 

14 office held after December 2019. 

15 Subtitle N—Promoting Voter Access 

16 Through Election Administra17 tion Improvements 

18 PART 1—PROMOTING VOTER ACCESS 

19 SEC. 1901. TREATMENT OF INSTITUTIONS OF HIGHER EDU20 CATION. 

21 (a) TREATMENT OF CERTAIN INSTITUTIONS AS VOTER

22 REGISTRATION AGENCIES UNDER NATIONAL VOTER REG23 ISTRATION ACT OF 1993.—Section 7(a) of the National 

24 Voter Registration Act of 1993 (52 U.S.C. 20506(a)) is 

25 amended— 


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1 (1) in paragraph (2)— 

2 (A) by striking ‘‘and’’ at the end of sub3 paragraph (A); 

4 (B) by striking the period at the end of sub5 paragraph (B) and inserting ‘‘; and’’; and 

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

7 subparagraph: 

8 ‘‘(C) each institution of higher education 

9 which has a program participation agreement in 

10 effect with the Secretary of Education under sec11 tion 487 of the Higher Education Act of 1965 

12 (20 U.S.C. 1094), other than an institution 

13 which is treated as a contributing agency under 

14 the Automatic Voter Registration Act of 2019.’’; 

15 and 

16 (2) in paragraph (6)(A), by inserting ‘‘or, in the 

17 case of an institution of higher education, with each 

18 registration of a student for enrollment in a course of 

19 study, including enrollment in a program of distance 

20 education, as defined in section 103(7) of the Higher 

21 Education Act of 1965 (20 U.S.C. 1003(7)),’’ after 

22 ‘‘assistance,’’. 

23 (b) RESPONSIBILITIES OF INSTITUTIONS UNDER

24 HIGHER EDUCATION ACT OF 1965.— 


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1 (1) IN GENERAL.—Section 487(a)(23) of the 

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

3 1094(a)(23)) is amended to read as follows: 

4 ‘‘(23)(A)(i) The institution will ensure that an 

5 appropriate staff person or office is designated pub6 licly as a ‘Campus Vote Coordinator’ and will ensure 

7 that such person’s or office’s contact information is 

8 included on the institution’s website. 

9 ‘‘(ii) Not fewer than twice during each calendar 

10 year (beginning with 2020), the Campus Vote Coordi11 nator shall transmit electronically to each student en12 rolled in the institution (including students enrolled 

13 in distance education programs) a message con14 taining the following information: 

15 ‘‘(I) Information on the location of polling 

16 places in the jurisdiction in which the institu17 tion is located, together with information on 

18 available methods of transportation to and from 

19 such polling places. 

20 ‘‘(II) A referral to a government-affiliated 

21 website or online platform which provides cen22 tralized voter registration information for all 

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1 viduals who are not registered to vote in reg2 istering to vote. 

3 ‘‘(III) Any additional voter registration 

4 and voting information the Coordinator con5 siders appropriate, in consultation with the ap6 propriate State election official. 

7 ‘‘(iii) In addition to transmitting the message 

8 described in clause (ii) not fewer than twice during 

9 each calendar year, the Campus Vote Coordinator 

10 shall transmit the message under such clause not 

11 fewer than 30 days prior to the deadline for reg12 istering to vote for any election for Federal, State, or 

13 local office in the State. 

14 ‘‘(B) If the institution in its normal course of 

15 operations requests each student registering for enroll16 ment in a course of study, including students reg17 istering for enrollment in a program of distance edu18 cation, to affirm whether or not the student is a 

19 United States citizen, the institution will comply 

20 with the applicable requirements for a contributing 

21 agency under the Automatic Voter Registration Act of 

22 2019. 

23 ‘‘(C) If the institution is not described in sub24 paragraph (B), the institution will comply with the 

25 requirements for a voter registration agency in the 


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1 State in which it is located in accordance with sec2 tion 7 of the National Voter Registration Act of 1993 

3 (52 U.S.C. 20506). 

4 ‘‘(D) This paragraph applies only with respect 

5 to an institution which is located in a State to which 

6 section 4(b) of the National Voter Registration Act of 

7 1993 (52 U.S.C. 20503(b)) does not apply.’’. 

8 (2) EFFECTIVE DATE.—The amendments made 

9 by this subsection shall apply with respect to elections 

10 held on or after January 1, 2020. 

11 (c) GRANTS TO INSTITUTIONS DEMONSTRATING EX12 CELLENCE IN STUDENT VOTER REGISTRATION.— 

13 (1) GRANTS AUTHORIZED.—The Secretary of 

14 Education may award competitive grants to public 

15 and private nonprofit institutions of higher education 

16 that are subject to the requirements of section 

17 487(a)(23) of the Higher Education Act of 1965 (20 

18 U.S.C. 1094(a)(23)), as amended by subsection (a) 

19 and that the Secretary determines have demonstrated 

20 excellence in registering students to vote in elections 

21 for public office beyond meeting the minimum re22 quirements of such section. 

23 (2) ELIGIBILITY.—An institution of higher edu24 cation is eligible to receive a grant under this sub25 section if the institution submits to the Secretary of 


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1 Education, at such time and in such form as the Sec2 retary may require, an application containing such 

3 information and assurances as the Secretary may re4 quire to make the determination described in para5 graph (1), including information and assurances that 

6 the institution carried out activities to promote voter 

7 registration by students, such as the following: 

8 (A) Sponsoring large on-campus voter mo9 bilization efforts. 

10 (B) Engaging the surrounding community 

11 in nonpartisan voter registration and get out the 

12 vote efforts. 

13 (C) Creating a website for students with 

14 centralized information about voter registration 

15 and election dates. 

16 (D) Inviting candidates to speak on cam17 pus. 

18 (E) Offering rides to students to the polls to 

19 increase voter education, registration, and mobi20 lization. 

21 (3) AUTHORIZATION OF APPROPRIATIONS.— 

22 There are authorized to be appropriated for fiscal 

23 year 2020 and each succeeding fiscal year such sums 

24 as may be necessary to award grants under this sub25 section. 


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1 (d) SENSE OF CONGRESS RELATING TO OPTION OF

2 STUDENTS TO REGISTER IN JURISDICTION OF INSTITUTION

3 OF HIGHER EDUCATION OR JURISDICTION OF DOMICILE.— 

4 It is the sense of Congress that, as provided under existing 

5 law, students who attend an institution of higher education 

6 and reside in the jurisdiction of the institution while at7 tending the institution should have the option of registering 

8 to vote in elections for Federal office in that jurisdiction 

9 or in the jurisdiction of their own domicile. 

10 SEC. 1902. MINIMUM NOTIFICATION REQUIREMENTS FOR 

11 VOTERS AFFECTED BY POLLING PLACE 

12 CHANGES. 

13 (a) REQUIREMENTS.—Section 302 of the Help Amer14 ica Vote Act of 2002 (52 U.S.C. 21082), as amended by 

15 section 1601(a), is amended— 

16 (1) by redesignating subsection (f) as subsection 

17 (g); and 

18 (2) by inserting after subsection (e) the following 

19 new subsection: 

20 ‘‘(f) MINIMUM NOTIFICATION REQUIREMENTS FOR

21 VOTERS AFFECTED BY POLLING PLACE CHANGES.— 

22 ‘‘(1) IN GENERAL.—If a State assigns an indi23 vidual who is a registered voter in a State to a poll24 ing place with respect to an election for Federal office 

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1 vidual was previously assigned with respect to the 

2 most recent election for Federal office in the State in 

3 which the individual was eligible to vote— 

4 ‘‘(A) the State shall notify the individual of 

5 the location of the polling place not later than 7 

6 days before the date of the election; or 

7 ‘‘(B) if the State makes such an assignment 

8 fewer than 7 days before the date of the election 

9 and the individual appears on the date of the 

10 election at the polling place to which the indi11 vidual was previously assigned, the State shall 

12 make every reasonable effort to enable the indi13 vidual to vote on the date of the election. 

14 ‘‘(2) EFFECTIVE DATE.—This subsection shall 

15 apply with respect to elections held on or after Janu16 ary 1, 2020.’’. 

17 (b) CONFORMING AMENDMENT.—Section 302(g) of 

18 such Act (52 U.S.C. 21082(g)), as redesignated by sub19 section (a) and as amended by section 1601(b), is amended 

20 by striking ‘‘(d)(2) and (e)(2)’’ and inserting ‘‘(d)(2), 

21 (e)(2), and (f)(2)’’. 


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1 SEC. 1903. [RESERVED]. 

2 SEC. 1904. PERMITTING USE OF SWORN WRITTEN STATE3 MENT TO MEET IDENTIFICATION REQUIRE4 MENTS FOR VOTING. 

5 (a) PERMITTING USE OF STATEMENT.—Title III of the 

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

7 is amended by inserting after section 303 the following new 

8 section: 

9 ‘‘SEC. 303A. PERMITTING USE OF SWORN WRITTEN STATE10 MENT TO MEET IDENTIFICATION REQUIRE11 MENTS. 

12 ‘‘(a) USE OF STATEMENT.— 

13 ‘‘(1) IN GENERAL.—Except as provided in sub14 section (c), if a State has in effect a requirement that 

15 an individual present identification as a condition of 

16 receiving and casting a ballot in an election for Fed17 eral office, the State shall permit the individual to 

18 meet the requirement— 

19 ‘‘(A) in the case of an individual who de20 sires to vote in person, by presenting the appro21 priate State or local election official with a 

22 sworn written statement, signed by the indi23 vidual under penalty of perjury, attesting to the 

24 individual’s identity and attesting that the indi25 vidual is eligible to vote in the election; or 


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1 ‘‘(B) in the case of an individual who de2 sires to vote by mail, by submitting with the bal3 lot the statement described in subparagraph (A). 

4 ‘‘(2) DEVELOPMENT OF PRE-PRINTED VERSION

5 OF STATEMENT BY COMMISSION.—The Commission 

6 shall develop a pre-printed version of the statement 

7 described in paragraph (1)(A) which includes a blank 

8 space for an individual to provide a name and signa9 ture for use by election officials in States which are 

10 subject to paragraph (1). 

11 ‘‘(3) PROVIDING PRE-PRINTED COPY OF STATE12 MENT.—A State which is subject to paragraph (1) 

13 shall— 

14 ‘‘(A) make copies of the pre-printed version 

15 of the statement described in paragraph (1)(A) 

16 which is prepared by the Commission available 

17 at polling places for election officials to dis18 tribute to individuals who desire to vote in per19 son; and 

20 ‘‘(B) include a copy of such pre-printed 

21 version of the statement with each blank absentee 

22 or other ballot transmitted to an individual who 

23 desires to vote by mail. 

24 ‘‘(b) REQUIRING USE OF BALLOT IN SAME MANNER

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1 vidual who presents or submits a sworn written statement 

2 in accordance with subsection (a)(1) shall be permitted to 

3 cast a ballot in the election in the same manner as an indi4 vidual who presents identification. 

5 ‘‘(c) EXCEPTION FOR FIRST-TIME VOTERS REG6 ISTERING BY MAIL.—Subsections (a) and (b) do not apply 

7 with respect to any individual described in paragraph (1) 

8 of section 303(b) who is required to meet the requirements 

9 of paragraph (2) of such section.’’. 

10 (b) REQUIRING STATES TO INCLUDE INFORMATION ON

11 USE OF SWORN WRITTEN STATEMENT IN VOTING INFORMA12 TION MATERIAL POSTED AT POLLING PLACES.—Section 

13 302(b)(2) of such Act (52 U.S.C. 21082(b)(2)), as amended 

14 by section 1072(b) and section 1202(b), is amended— 

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

17 (2) by striking the period at the end of subpara18 graph (H) and inserting ‘‘; and’’; and 

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

21 ‘‘(I) in the case of a State that has in effect 

22 a requirement that an individual present identi23 fication as a condition of receiving and casting 

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1 quirement by presenting a sworn written state2 ment in accordance with section 303A.’’. 

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

4 such Act is amended by inserting after the item relating 

5 to section 303 the following new item: 

‘‘Sec. 303A. Permitting use of sworn written statement to meet identification requirements.’’. 

6 (e) EFFECTIVE DATE.—The amendments made by this 

7 section shall apply with respect to elections occurring on 

8 or after the date of the enactment of this Act. 

9 SEC. 1905. [RESERVED]. 

10 SEC. 1906. 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 FOR 

18 COSTS INCURRED IN ESTABLISHING PRO19 GRAM TO TRACK AND CONFIRM RECEIPT OF 

20 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 


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1 for the costs incurred in establishing, if the State so chooses 

2 to establish, an absentee ballot tracking program with re3 spect to elections for Federal office held in the State (includ4 ing costs incurred prior to the date of the enactment of this 

5 part). 

6 ‘‘(b) ABSENTEE BALLOT TRACKING PROGRAM DE7 SCRIBED.— 

8 ‘‘(1) PROGRAM DESCRIBED.— 

9 ‘‘(A) IN GENERAL.—In this part, an ‘absen10 tee ballot tracking program’ is a program to 

11 track and confirm the receipt of absentee ballots 

12 in an election for Federal office under which the 

13 State or local election official responsible for the 

14 receipt of voted absentee ballots in the election 

15 carries out procedures to track and confirm the 

16 receipt of such ballots, and makes information on 

17 the receipt of such ballots available to the indi18 vidual who cast the ballot, by means of online 

19 access using the Internet site of the official’s of20 fice. 

21 ‘‘(B) INFORMATION ON WHETHER VOTE WAS

22 COUNTED.—The information referred to under 

23 subparagraph (A) with respect to the receipt of 

24 an absentee ballot shall include information re25 garding whether the vote cast on the ballot was 


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1 counted, and, in the case of a vote which was not 

2 counted, the reasons therefor. 

3 ‘‘(2) USE OF TOLL-FREE TELEPHONE NUMBER

4 BY OFFICIALS WITHOUT INTERNET SITE.—A program 

5 established by a State or local election official whose 

6 office does not have an Internet site may meet the de7 scription of a program under paragraph (1) if the of8 ficial has established a toll-free telephone number that 

9 may be used by an individual who cast an absentee 

10 ballot to obtain the information on the receipt of the 

11 voted absentee ballot as provided under such para12 graph. 

13 ‘‘(c) CERTIFICATION OF COMPLIANCE AND COSTS.— 

14 ‘‘(1) CERTIFICATION REQUIRED.—In order to re15 ceive a payment under this section, a State shall sub16 mit to the Commission a statement containing— 

17 ‘‘(A) a certification that the State has estab18 lished an absentee ballot tracking program with 

19 respect to elections for Federal office held in the 

20 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 establishing 


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1 the absentee ballot tracking program, as set forth in 

2 the statement submitted under paragraph (1), except 

3 that such amount may not exceed the product of— 

4 ‘‘(A) the number of jurisdictions in the 

5 State which are responsible for operating the 

6 program; and 

7 ‘‘(B) $3,000. 

8 ‘‘(3) LIMIT ON NUMBER OF PAYMENTS RE9 CEIVED.—A State may not receive more than one 

10 payment under this part. 

11 ‘‘SEC. 297A. AUTHORIZATION OF APPROPRIATIONS. 

12 ‘‘(a) AUTHORIZATION.—There are authorized to be ap13 propriated to the Commission for fiscal year 2020 and each 

14 succeeding fiscal year such sums as may be necessary for 

15 payments under this part. 

16 ‘‘(b) CONTINUING AVAILABILITY OF FUNDS.—Any 

17 amounts appropriated pursuant to the authorization under 

18 this section shall remain available until expended.’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents of 

20 such Act is amended by adding at the end of the items relat21 ing 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.’’. 


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1 SEC. 1907. VOTER INFORMATION RESPONSE SYSTEMS AND 

2 HOTLINE. 

3 (a) ESTABLISHMENT AND OPERATION OF SYSTEMS

4 AND SERVICES.— 

5 (1) STATE-BASED RESPONSE SYSTEMS.—The At6 torney General shall coordinate the establishment of a 

7 State-based response system for responding to ques8 tions and complaints from individuals voting or seek9 ing to vote, or registering to vote or seeking to register 

10 to vote, in elections for Federal office. Such system 

11 shall provide— 

12 (A) State-specific, same-day, and immediate 

13 assistance to such individuals, including infor14 mation on how to register to vote, the location 

15 and hours of operation of polling places, and 

16 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 

21 or 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 tele25 phone number that is accessible throughout the United 

26 States and that uses easily identifiable numerals, 


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1 through which individuals throughout the United 

2 States— 

3 (A) may connect directly to the State-based 

4 response system described in paragraph (1) with 

5 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 Attorney 

12 General on problems encountered in registering 

13 to vote or voting, including incidences of voter 

14 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 coordinate 

19 the collection of information on State and local 

20 election laws and policies, including information 

21 on the Statewide computerized voter registration 

22 lists maintained under title III of the Help 

23 America Vote Act of 2002, so that individuals 

24 who contact the free telephone service established 

25 under paragraph (2) on the date of an election 


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1 for Federal office may receive an immediate re2 sponse on that day. 

3 (B) FORWARDING QUESTIONS AND COM4 PLAINTS TO STATES.—If an individual contacts 

5 the free telephone service established under para6 graph (2) on the date of an election for Federal 

7 office with a question or complaint with respect 

8 to a particular State or jurisdiction within a 

9 State, the Attorney General shall forward the 

10 question or complaint immediately to the appro11 priate election official of the State or jurisdiction 

12 so that the official may answer the question or 

13 remedy the complaint on that date. 

14 (4) CONSULTATION REQUIREMENTS FOR DEVEL15 OPMENT OF SYSTEMS AND SERVICES.—The Attorney 

16 General shall ensure that the State-based response sys17 tem under paragraph (1) and the free telephone serv18 ice under paragraph (2) are each developed in con19 sultation with civil rights organizations, voting rights 

20 groups, State and local election officials, voter protec21 tion groups, and other interested community organi22 zations, especially those that have experience in the 

23 operation of similar systems and services. 

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1 GUAGE PROFICIENCY.—The Attorney General shall design 

2 and operate the telephone service established under this sec3 tion in a manner that ensures that individuals with dis4 abilities are fully able to use the service, and that assistance 

5 is provided in any language in which the State (or any 

6 jurisdiction in the State) is required to provide election ma7 terials under section 203 of the Voting Rights Act of 1965.. 

8 (c) VOTER HOTLINE TASK FORCE.— 

9 (1) APPOINTMENT BY ATTORNEY GENERAL.—The 

10 Attorney General shall appoint individuals (in such 

11 number as the Attorney General considers appro12 priate but in no event fewer than 3) to serve on a 

13 Voter Hotline Task Force to provide ongoing analysis 

14 and assessment of the operation of the telephone serv15 ice established under this section, and shall give spe16 cial consideration in making appointments to the 

17 Task Force to individuals who represent civil rights 

18 organizations. At least one member of the Task Force 

19 shall be a representative of an organization pro20 moting voting rights or civil rights which has experi21 ence in the operation of similar telephone services or 

22 in protecting the rights of individuals to vote, espe23 cially individuals who are members of racial, ethnic, 

24 or linguistic minorities or of communities who have 


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1 been adversely affected by efforts to suppress voting 

2 rights. 

3 (2) ELIGIBILITY.—An individual shall be eligible 

4 to serve on the Task Force under this subsection if the 

5 individual meets such criteria as the Attorney Gen6 eral may establish, except that an individual may not 

7 serve on the task force if the individual has been con8 victed of any criminal offense relating to voter in9 timidation or voter suppression. 

10 (3) TERM OF SERVICE.—An individual ap11 pointed to the Task Force shall serve a single term of 

12 2 years, except that the initial terms of the members 

13 first appointed to the Task Force shall be staggered so 

14 that there are at least 3 individuals serving on the 

15 Task Force during each year. A vacancy in the mem16 bership of the Task Force shall be filled in the same 

17 manner as the original appointment. 

18 (4) NO COMPENSATION FOR SERVICE.—Members 

19 of the Task Force shall serve without pay, but shall 

20 receive travel expenses, including per diem in lieu of 

21 subsistence, in accordance with applicable provisions 

22 under subchapter I of chapter 57 of title 5, United 

23 States Code. 

24 (d) BI-ANNUAL REPORT TO CONGRESS.—Not later 

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1 eral shall submit a report to Congress on the operation of 

2 the telephone service established under this section during 

3 the previous 2 years, and shall include in the report— 

4 (1) an enumeration of the number and type of 

5 calls that were received by the service; 

6 (2) a compilation and description of the reports 

7 made to the service by individuals citing instances of 

8 voter intimidation or suppression; 

9 (3) an assessment of the effectiveness of the serv10 ice in making information available to all households 

11 in the United States with telephone service; 

12 (4) any recommendations developed by the Task 

13 Force established under subsection (c) with respect to 

14 how voting systems may be maintained or upgraded 

15 to better accommodate voters and better ensure the in16 tegrity of elections, including but not limited to iden17 tifying how to eliminate coordinated voter suppres18 sion efforts and how to establish effective mechanisms 

19 for distributing updates on changes to voting require20 ments; and 

21 (5) any recommendations on best practices for 

22 the State-based response systems established under 

23 subsection (a)(1). 

24 (e) AUTHORIZATION OF APPROPRIATIONS.— 


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1 (1) AUTHORIZATION.—There are authorized to be 

2 appropriated to the Attorney General for fiscal year 

3 2019 and each succeeding fiscal year such sums as 

4 may be necessary to carry out this section. 

5 (2) SET-ASIDE FOR OUTREACH.—Of the amounts 

6 appropriated to carry out this section for a fiscal 

7 year pursuant to the authorization under paragraph 

8 (1), not less than 15 percent shall be used for outreach 

9 activities to make the public aware of the availability 

10 of the telephone service established under this section, 

11 with an emphasis on outreach to individuals with 

12 disabilities and individuals with limited proficiency 

13 in the English language. 

14 PART 2—IMPROVEMENTS IN OPERATION OF 

15 ELECTION ASSISTANCE COMMISSION 

16 SEC. 1911. REAUTHORIZATION OF ELECTION ASSISTANCE 

17 COMMISSION. 

18 Section 210 of the Help America Vote Act of 2002 (52 

19 U.S.C. 20930) is amended— 

20 (1) by striking ‘‘for each of the fiscal years 2003 

21 through 2005’’ and inserting ‘‘for fiscal year 2019 

22 and each succeeding fiscal year’’; and 

23 (2) by striking ‘‘(but not to exceed $10,000,000 

24 for each such year)’’. 


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1 SEC. 1913. REQUIRING STATES TO PARTICIPATE IN POST2 GENERAL ELECTION SURVEYS. 

3 (a) REQUIREMENT.—Title III of the Help America 

4 Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by 

5 section 1904(a), is further amended by inserting after sec6 tion 303A the following new section: 

7 ‘‘SEC. 303B. REQUIRING PARTICIPATION IN POST-GENERAL 

8 ELECTION SURVEYS. 

9 ‘‘(a) REQUIREMENT.—Each State shall furnish to the 

10 Commission such information as the Commission may re11 quest for purposes of conducting any post-election survey 

12 of the States with respect to the administration of a regu13 larly scheduled general election for Federal office. 

14 ‘‘(b) EFFECTIVE DATE.—This section shall apply with 

15 respect to the regularly scheduled general election for Fed16 eral office held in November 2020 and any succeeding elec17 tion.’’. 

18 (b) CLERICAL AMENDMENT.—The table of contents of 

19 such Act, as amended by section 1904(c), is further amended 

20 by inserting after the item relating to section 303A the fol21 lowing new item: 

‘‘Sec. 303B. Requiring participation in post-general election surveys.’’. 


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1 SEC. 1914. REPORTS BY NATIONAL INSTITUTE OF STAND2 ARDS AND TECHNOLOGY ON USE OF FUNDS 

3 TRANSFERRED FROM ELECTION ASSISTANCE 

4 COMMISSION. 

5 (a) REQUIRING REPORTS ON USE FUNDS AS CONDI6 TION OF RECEIPT.—Section 231 of the Help America Vote 

7 Act of 2002 (52 U.S.C. 20971) is amended by adding at 

8 the end the following new subsection: 

9 ‘‘(e) REPORT ON USE OF FUNDS TRANSFERRED FROM

10 COMMISSION.—To the extent that funds are transferred 

11 from the Commission to the Director of the National Insti12 tute of Standards and Technology for purposes of carrying 

13 out this section during any fiscal year, the Director may 

14 not use such funds unless the Director certifies at the time 

15 of transfer that the Director will submit a report to the 

16 Commission not later than 90 days after the end of the fis17 cal year detailing how the Director used such funds during 

18 the year.’’. 

19 (b) EFFECTIVE DATE.—The amendment made by sub20 section (a) shall apply with respect to fiscal year 2020 and 

21 each succeeding fiscal year. 

22 SEC. 1915. RECOMMENDATIONS TO IMPROVE OPERATIONS 

23 OF ELECTION ASSISTANCE COMMISSION. 

24 (a) ASSESSMENT OF INFORMATION TECHNOLOGY AND

25 CYBERSECURITY.—Not later than December 31, 2019, the 

26 Election Assistance Commission shall carry out an assessVerDate Sep 11 2014 01:44 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6203 E:\BILLS\H1.RH H1

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1 ment of the security and effectiveness of the Commission’s 

2 information technology systems, including the cybersecurity 

3 of such systems. 

4 (b) IMPROVEMENTS TO ADMINISTRATIVE COMPLAINT

5 PROCEDURES.— 

6 (1) REVIEW OF PROCEDURES.—The Election As7 sistance Commission shall carry out a review of the 

8 effectiveness and efficiency of the State-based adminis9 trative complaint procedures established and main10 tained under section 402 of the Help America Vote 

11 Act of 2002 (52 U.S.C. 21112) for the investigation 

12 and resolution of allegations of violations of title III 

13 of such Act. 

14 (2) RECOMMENDATIONS TO STREAMLINE PROCE15 DURES.—Not later than December 31, 2019, the Com16 mission shall submit to Congress a report on the re17 view carried out under paragraph (1), and shall in18 clude in the report such recommendations as the Com19 mission considers appropriate to streamline and im20 prove the procedures which are the subject of the re21 view. 


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1 SEC. 1916. REPEAL OF EXEMPTION OF ELECTION ASSIST2 ANCE COMMISSION FROM CERTAIN GOVERN3 MENT CONTRACTING REQUIREMENTS. 

4 (a) IN GENERAL.—Section 205 of the Help America 

5 Vote Act of 2002 (52 U.S.C. 20925) is amended by striking 

6 subsection (e). 

7 (b) EFFECTIVE DATE.—The amendment made by sub8 section (a) shall apply with respect to contracts entered into 

9 by the Election Assistance Commission on or after the date 

10 of the enactment of this Act. 

11 PART 3—MISCELLANEOUS PROVISIONS 

12 SEC. 1921. APPLICATION OF LAWS TO COMMONWEALTH OF 

13 NORTHERN MARIANA ISLANDS. 

14 (a) NATIONAL VOTER REGISTRATION ACT OF 1993.— 

15 Section 3(4) of the National Voter Registration Act of 1993 

16 (52 U.S.C. 20502(4)) is amended by striking ‘‘States and 

17 the District of Columbia’’ and inserting ‘‘States, the Dis18 trict of Columbia, and the Commonwealth of the Northern 

19 Mariana Islands’’. 

20 (b) HELP AMERICA VOTE ACT OF 2002.— 

21 (1) COVERAGE OF COMMONWEALTH OF THE

22 NORTHERN MARIANA ISLANDS.—Section 901 of the 

23 Help America Vote Act of 2002 (52 U.S.C. 21141) is 

24 amended by striking ‘‘and the United States Virgin 

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1 lands, and the Commonwealth of the Northern Mar2 iana Islands’’. 

3 (2) CONFORMING AMENDMENTS TO HELP AMER4 ICA VOTE ACT OF 2002.—Such Act is further amended 

5 as follows: 

6 (A) The second sentence of section 213(a)(2) 

7 (52 U.S.C. 20943(a)(2)) is amended by striking 

8 ‘‘and American Samoa’’ and inserting ‘‘Amer9 ican Samoa, and the Commonwealth of the 

10 Northern Mariana Islands’’. 

11 (B) Section 252(c)(2) (52 U.S.C. 

12 21002(c)(2)) is amended by striking ‘‘or the 

13 United States Virgin Islands’’ and inserting ‘‘the 

14 United States Virgin Islands, or the Common15 wealth of the Northern Mariana Islands’’. 

16 (3) CONFORMING AMENDMENT RELATING TO CON17 SULTATION OF HELP AMERICA VOTE FOUNDATION

18 WITH LOCAL ELECTION OFFICIALS.—Section 90102(c) 

19 of title 36, United States Code, is amended by strik20 ing ‘‘and the United States Virgin Islands’’ and in21 serting ‘‘the United States Virgin Islands, and the 

22 Commonwealth of the Northern Mariana Islands’’. 

23 (4) EFFECTIVE DATE.—The amendments made 

24 by this subsection shall apply with respect to fiscal 

25 years beginning with the first fiscal year which begins 


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1 after funds are appropriated to the Commonwealth of 

2 the Northern Mariana Islands pursuant to the pay3 ment under section 2. 

4 SEC. 1922. NO EFFECT ON OTHER LAWS. 

5 (a) IN GENERAL.—Except as specifically provided, 

6 nothing in this title may be construed to authorize or re7 quire conduct prohibited under any of the following laws, 

8 or to supersede, restrict, or limit the application of such 

9 laws: 

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

11 10301 et seq.). 

12 (2) The Voting Accessibility for the Elderly and 

13 Handicapped Act (52 U.S.C. 20101 et seq.). 

14 (3) The Uniformed and Overseas Citizens Absen15 tee Voting Act (52 U.S.C. 20301 et seq.). 

16 (4) The National Voter Registration Act of 1993 

17 (52 U.S.C. 20501 et seq.). 

18 (5) The Americans with Disabilities Act of 1990 

19 (42 U.S.C. 12101 et seq.). 

20 (6) The Rehabilitation Act of 1973 (29 U.S.C. 

21 701 et seq.). 

22 (b) NO EFFECT ON PRECLEARANCE OR OTHER RE23 QUIREMENTS UNDER VOTING RIGHTS ACT.—The approval 

24 by any person of a payment or grant application under 

25 this title, or any other action taken by any person under 


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1 this title, shall not be considered to have any effect on re2 quirements for preclearance under section 5 of the Voting 

3 Rights Act of 1965 (52 U.S.C. 10304) or any other require4 ments of such Act. 

5 (c) NO EFFECT ON AUTHORITY OF STATES TO PRO6 VIDE GREATER OPPORTUNITIES FOR VOTING.—Nothing in 

7 this title or the amendments made by this title may be con8 strued to prohibit any State from enacting any law which 

9 provides greater opportunities for individuals to register to 

10 vote and to vote in elections for Federal office than are pro11 vided by this title and the amendments made by this title. 

12 Subtitle O—Severability 

13 SEC. 1931. SEVERABILITY. 

14 If any provision of this title or amendment made by 

15 this title, or the application of a provision or amendment 

16 to any person or circumstance, is held to be unconstitu17 tional, the remainder of this title and amendments made 

18 by this title, and the application of the provisions and 

19 amendment to any person or circumstance, shall not be af20 fected by the holding. 


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1 TITLE II—ELECTION INTEGRITY 

Subtitle A—[Reserved] 

Subtitle B—[Reserved] 

Subtitle C—[Reserved] 

Subtitle D—[Reserved] 

Subtitle E—[Reserved] 

Subtitle F—Saving Eligible Voters From Voter Purging 

Sec. 2501. Short title. 

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

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

for Voting 

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

voting. 

Subtitle H—Severability 

Sec. 2701. Severability. 

2 Subtitle A—[Reserved] 

3 Subtitle B—[Reserved] 

4 Subtitle C—[Reserved] 

5 Subtitle D—[Reserved] 

6 Subtitle E—[Reserved] 

7 Subtitle F—Saving Eligible Voters 

8 From Voter Purging 

9 SEC. 2501. SHORT TITLE. 

10 This subtitle may be cited as the ‘‘Stop Automatically 

11 Voiding Eligible Voters Off Their Enlisted Rolls in States 

12 Act’’ or the ‘‘Save Voters Act’’. 


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1 SEC. 2502. CONDITIONS FOR REMOVAL OF VOTERS FROM 

2 LIST OF REGISTERED VOTERS. 

3 (a) CONDITIONS DESCRIBED.—The National Voter 

4 Registration Act of 1993 (52 U.S.C. 20501 et seq.) is 

5 amended by inserting after section 8 the following new sec6 tion: 

7 ‘‘SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM OF8 FICIAL LIST OF REGISTERED VOTERS. 

9 ‘‘(a) VERIFICATION ON BASIS OF OBJECTIVE AND RE10 LIABLE EVIDENCE OF INELIGIBILITY.— 

11 ‘‘(1) REQUIRING VERIFICATION.—Notwith12 standing any other provision of this Act, a State may 

13 not remove the name of any registrant from the offi14 cial list of voters eligible to vote in elections for Fed15 eral office in the State unless the State verifies, on the 

16 basis of objective and reliable evidence, that the reg17 istrant is ineligible to vote in such elections. 

18 ‘‘(2) FACTORS NOT CONSIDERED AS OBJECTIVE

19 AND RELIABLE EVIDENCE OF INELIGIBILITY.—For 

20 purposes of paragraph (2), the following factors, or 

21 any combination thereof, shall not be treated as objec22 tive and reliable evidence of a registrant’s ineligi23 bility to vote: 

24 ‘‘(A) The failure of the registrant to vote in 

25 any election. 


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1 ‘‘(B) The failure of the registrant to respond 

2 to any notice sent under section 8(d), unless the 

3 notice has been returned as undeliverable. 

4 ‘‘(C) The failure of the registrant to take 

5 any other action with respect to voting in any 

6 election or with respect to the registrant’s status 

7 as a registrant. 

8 ‘‘(b) NOTICE AFTER REMOVAL.— 

9 ‘‘(1) NOTICE TO INDIVIDUAL REMOVED.— 

10 ‘‘(A) IN GENERAL.—Not later than 48 hours 

11 after a State removes the name of a registrant 

12 from the official list of eligible voters for any 

13 reason (other than the death of the registrant), 

14 the State shall send notice of the removal to the 

15 former registrant, and shall include in the notice 

16 the grounds for the removal and information how 

17 the former registrant may contest the removal, 

18 including a telephone number for the appro19 priate election official., and how to contest the 

20 removal or be reinstated, including a contact 

21 phone number. 

22 ‘‘(B) EXCEPTIONS.—Subparagraph (A) does 

23 not apply in the case of a registrant— 

24 ‘‘(i) who sends written confirmation to 

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1 gible to vote in the registrar’s jurisdiction 

2 in which the registrant was registered; or 

3 ‘‘(ii) who is removed from the official 

4 list of eligible voters by reason of the death 

5 of the registrant. 

6 ‘‘(2) PUBLIC NOTICE.—Not later than 48 hours 

7 after conducting any general program to remove the 

8 names of ineligible voters from the official list of eligi9 ble voters (as described in section 8(a)(4)), the State 

10 shall disseminate a public notice through such meth11 ods as may be reasonable to reach the general public 

12 (including by publishing the notice in a newspaper of 

13 wide circulation or posting the notice on the websites 

14 of the appropriate election officials) that list mainte15 nance is taking place and that registrants should 

16 check their registration status to ensure no errors or 

17 mistakes have been made. The State shall ensure that 

18 the public notice disseminated under this paragraph 

19 is in a format that is reasonably convenient and ac20 cessible to voters with disabilities, including voters 

21 who have low vision or are blind.’’. 

22 (b) CONDITIONS FOR TRANSMISSION OF NOTICES OF

23 REMOVAL.—Section 8(d) of such Act (52 U.S.C. 20507(d)) 

24 is amended by adding at the end the following new para25 graph: 


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1 ‘‘(4) A State may not transmit a notice to a reg2 istrant under this subsection unless the State obtains 

3 objective and reliable evidence (in accordance with the 

4 standards for such evidence which are described in 

5 section 8A(a)(2)) that the registrant has changed resi6 dence to a place outside the registrar’s jurisdiction in 

7 which the registrant is registered.’’. 

8 (c) CONFORMING AMENDMENTS.— 

9 (1) NATIONAL VOTER REGISTRATION ACT OF

10 1993.—Section 8(a) of such Act (52 U.S.C. 20507(a)) 

11 is amended— 

12 (A) in paragraph (3), by striking ‘‘provide’’ 

13 and inserting ‘‘subject to section 8A, provide’’; 

14 and 

15 (B) in paragraph (4), by striking ‘‘conduct’’ 

16 and inserting ‘‘subject to section 8A, conduct’’. 

17 (2) HELP AMERICA VOTE ACT OF 2002.—Section 

18 303(a)(4)(A) of the Help America Vote Act of 2002 

19 (52 U.S.C. 21083(a)(4)(A)) is amended by striking ‘‘, 

20 registrants’’ and inserting ‘‘, and subject to section 8A 

21 of such Act, registrants’’. 

22 (d) EFFECTIVE DATE.—The amendments made by this 

23 section shall take effect on the date of the enactment of this 

24 Act. 


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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 VOTING. 

6 Nothing in this title or the amendments made by this 

7 title may be construed to prohibit any State from enacting 

8 any law which provides greater opportunities for individ9 uals to register to vote and to vote in elections for Federal 

10 office than are provided by this title and the amendments 

11 made by this title. 

12 Subtitle H—Severability 

13 SEC. 2701. SEVERABILITY. 

14 If any provision of this title or amendment made by 

15 this title, or the application of a provision or amendment 

16 to any person or circumstance, is held to be unconstitu17 tional, the remainder of this title and amendments made 

18 by this title, and the application of the provisions and 

19 amendment to any person or circumstance, shall not be af20 fected by the holding. 

21 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. 


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

Help America Vote Act of 2002. 

Sec. 3003. Incorporation of definitions. 

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

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

Sec. 3012. GAO analysis of effects of audits. 

PART 3—[RESERVED] 

Subtitle B—Security Measures 

Sec. 3101. Election infrastructure designation. 

Sec. 3102. Timely threat information. 

Sec. 3103. Security clearance assistance for election officials. 

Sec. 3104. Security risk and vulnerability assessments. 

Sec. 3105. Annual reports. 

Subtitle C—Enhancing Protections for United States Democratic Institutions 

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

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

Subtitle D—Promoting Cybersecurity Through Improvements in Election 

Administration 

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

cybersecurity guidelines and other guidelines. 

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

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

Sec. 3304. Streamlining collection of election information. 

Subtitle E—Preventing Election Hacking 

Sec. 3401. Short title. 

Sec. 3402. Election Security Bug Bounty Program. 

Sec. 3403. Definitions. 

Subtitle F—Miscellaneous Provisions 

Sec. 3501. Definitions. 

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

Subtitle G—Severability 

Sec. 3601. Severability. 

1 SEC. 3000. SHORT TITLE; SENSE OF CONGRESS. 

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

3 ‘‘Election Security Act’’. 


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1 (b) SENSE OF CONGRESS ON NEED TO IMPROVE ELEC2 TION INFRASTRUCTURE SECURITY.—It is the sense of Con3 gress that, in light of the lessons learned from Russian in4 terference in the 2016 Presidential election, the Federal 

5 Government should intensify its efforts to improve the secu6 rity of election infrastructure in the United States, includ7 ing through the use of individual, durable, paper ballots 

8 marked by the voter by hand. 

9 Subtitle A—Financial Support for 

10 Election Infrastructure 

11 PART 1—VOTING SYSTEM SECURITY 

12 IMPROVEMENT GRANTS 

13 SEC. 3001. GRANTS FOR OBTAINING COMPLIANT PAPER 

14 BALLOT VOTING SYSTEMS AND CARRYING 

15 OUT VOTING SYSTEM SECURITY IMPROVE16 MENTS. 

17 (a) AVAILABILITY OF GRANTS.—Subtitle D of title II 

18 of the Help America Vote Act of 2002 (52 U.S.C. 21001 

19 et seq.), as amended by section 1906(a), is amended by add20 ing at the end the following new part: 


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1 ‘‘PART 8—GRANTS FOR OBTAINING COMPLIANT 

2 PAPER BALLOT VOTING SYSTEMS AND CAR3 RYING OUT VOTING SYSTEM SECURITY IM4 PROVEMENTS 

5 ‘‘SEC. 298. GRANTS FOR OBTAINING COMPLIANT PAPER 

6 BALLOT VOTING SYSTEMS AND CARRYING 

7 OUT VOTING SYSTEM SECURITY IMPROVE8 MENTS. 

9 ‘‘(a) AVAILABILITY AND USE OF GRANT.—The Com10 mission shall make a grant to each eligible State— 

11 ‘‘(1) to replace a voting system— 

12 ‘‘(A) which does not meet the requirements 

13 which are first imposed on the State pursuant to 

14 the amendments made by the Voter Confidence 

15 and Increased Accessibility Act of 2019 with a 

16 voting system which does meet such require17 ments, for use in the regularly scheduled general 

18 elections for Federal office held in November 

19 2020, or 

20 ‘‘(B) which does meet such requirements but 

21 which is not in compliance with the most recent 

22 voluntary voting system guidelines issued by the 

23 Commission prior to the regularly scheduled gen24 eral election for Federal office held in November 

25 2020 with another system which does meet such 


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1 requirements and is in compliance with such 

2 guidelines; and 

3 ‘‘(2) to carry out voting system security im4 provements described in section 298A with respect to 

5 the regularly scheduled general elections for Federal 

6 office held in November 2020 and each succeeding 

7 election for Federal office. 

8 ‘‘(b) AMOUNT OF GRANT.—The amount of a grant 

9 made to a State under this section shall be such amount 

10 as the Commission determines to be appropriate, except that 

11 such amount may not be less than the product of $1 and 

12 the average of the number of individuals who cast votes in 

13 any of the two most recent regularly scheduled general elec14 tions for Federal office held in the State. 

15 ‘‘(c) PRO RATA REDUCTIONS.—If the amount of funds 

16 appropriated for grants under this part is insufficient to 

17 ensure that each State receives the amount of the grant cal18 culated under subsection (b), the Commission shall make 

19 such pro rata reductions in such amounts as may be nec20 essary to ensure that the entire amount appropriated under 

21 this part is distributed to the States. 

22 ‘‘(d) ABILITY OF REPLACEMENT SYSTEMS TO ADMIN23 ISTER RANKED CHOICE ELECTIONS.—To the greatest extent 

24 practicable, an eligible State which receives a grant to re25 place a voting system under this section shall ensure that 


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1 the replacement system is capable of administering a system 

2 of ranked choice voting under which each voter shall rank 

3 the candidates for the office in the order of the voter’s pref4 erence. 

5 ‘‘SEC. 298A. VOTING SYSTEM SECURITY IMPROVEMENTS DE6 SCRIBED. 

7 ‘‘(a) PERMITTED USES.—A voting system security im8 provement described in this section is any of the following: 

9 ‘‘(1) The acquisition of goods and services from 

10 qualified election infrastructure vendors by purchase, 

11 lease, or such other arrangements as may be appro12 priate. 

13 ‘‘(2) Cyber and risk mitigation training. 

14 ‘‘(3) A security risk and vulnerability assessment 

15 of the State’s election infrastructure which is carried 

16 out by a provider of cybersecurity services under a 

17 contract entered into between the chief State election 

18 official and the provider. 

19 ‘‘(4) The maintenance of election infrastructure, 

20 including addressing risks and vulnerabilities which 

21 are identified under either of the security risk and 

22 vulnerability assessments described in paragraph (3), 

23 except that none of the funds provided under this part 

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1 cility which is used primarily for purposes other than 

2 the administration of elections for 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 critical 

7 to the operation of the State’s election infrastructure. 

8 ‘‘(6) Enhancing the cybersecurity and operations 

9 of the information technology infrastructure described 

10 in paragraph (4). 

11 ‘‘(7) Enhancing the cybersecurity of voter reg12 istration systems. 

13 ‘‘(b) QUALIFIED ELECTION INFRASTRUCTURE VEN14 DORS DESCRIBED.— 

15 ‘‘(1) IN GENERAL.—For purposes of this part, a 

16 ‘qualified election infrastructure vendor’ is any per17 son who provides, supports, or maintains, or who 

18 seeks to provide, support, or maintain, election infra19 structure on behalf of a State, unit of local govern20 ment, or election agency (as defined in section 3501 

21 of the Election Security Act) who meets the criteria 

22 described in paragraph (2). 

23 ‘‘(2) CRITERIA.—The criteria described in this 

24 paragraph are such criteria as the Chairman, in co25 ordination with the Secretary of Homeland Security, 


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1 shall establish and publish, and shall include each of 

2 the following requirements: 

3 ‘‘(A) The vendor must be owned and con4 trolled by a citizen or permanent resident of the 

5 United States. 

6 ‘‘(B) The vendor must disclose to the Chair7 man and the Secretary, and to the chief State 

8 election official of any State to which the vendor 

9 provides any goods and services with funds pro10 vided under this part, of any sourcing outside 

11 the United States for parts of the election infra12 structure. 

13 ‘‘(C) The vendor agrees to ensure that the 

14 election infrastructure will be developed and 

15 maintained in a manner that is consistent with 

16 the cybersecurity best practices issued by the 

17 Technical Guidelines Development Committee. 

18 ‘‘(D) The vendor agrees to maintain its in19 formation technology infrastructure in a manner 

20 that is consistent with the cybersecurity best 

21 practices issued by the Technical Guidelines De22 velopment Committee. 

23 ‘‘(E) The vendor agrees to meet the require24 ments of paragraph (3) with respect to any 

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1 volving any of the goods and services provided by 

2 the vendor pursuant to a grant under this part. 

3 ‘‘(F) The vendor agrees to permit inde4 pendent security testing by the Commission (in 

5 accordance with section 231(a)) and by the Sec6 retary of the goods and services provided by the 

7 vendor pursuant to a grant under this part. 

8 ‘‘(3) CYBERSECURITY INCIDENT REPORTING RE9 QUIREMENTS.— 

10 ‘‘(A) IN GENERAL.—A vendor meets the re11 quirements of this paragraph if, upon becoming 

12 aware of the possibility that an election cyberse13 curity incident has occurred involving any of the 

14 goods and services provided by the vendor pursu15 ant to a grant under this part— 

16 ‘‘(i) the vendor promptly assesses 

17 whether or not such an incident occurred, 

18 and submits a notification meeting the re19 quirements of subparagraph (B) to the Sec20 retary and the Chairman of the assessment 

21 as soon as practicable (but in no case later 

22 than 3 days after the vendor first becomes 

23 aware of the possibility that the incident oc24 curred); 


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1 ‘‘(ii) if the incident involves goods or 

2 services provided to an election agency, the 

3 vendor submits a notification meeting the 

4 requirements of subparagraph (B) to the 

5 agency as soon as practicable (but in no 

6 case later than 3 days after the vendor first 

7 becomes aware of the possibility that the in8 cident occurred), and cooperates with the 

9 agency in providing any other necessary 

10 notifications relating to the incident; and 

11 ‘‘(iii) the vendor provides all necessary 

12 updates to any notification submitted under 

13 clause (i) or clause (ii). 

14 ‘‘(B) CONTENTS OF NOTIFICATIONS.—Each 

15 notification submitted under clause (i) or clause 

16 (ii) of subparagraph (A) shall contain the fol17 lowing information with respect to any election 

18 cybersecurity incident covered by the notifica19 tion: 

20 ‘‘(i) The date, time, and time zone 

21 when the election cybersecurity incident 

22 began, if known. 

23 ‘‘(ii) The date, time, and time zone 

24 when the election cybersecurity incident was 

25 detected. 


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1 ‘‘(iii) The date, time, and duration of 

2 the election cybersecurity incident. 

3 ‘‘(iv) The circumstances of the election 

4 cybersecurity incident, including the spe5 cific election infrastructure systems believed 

6 to have been accessed and information ac7 quired, if any. 

8 ‘‘(v) Any planned and implemented 

9 technical measures to respond to and re10 cover from the incident. 

11 ‘‘(vi) In the case of any notification 

12 which is an update to a prior notification, 

13 any additional material information relat14 ing to the incident, including technical 

15 data, as it becomes available. 

16 ‘‘SEC. 298B. ELIGIBILITY OF STATES. 

17 ‘‘A State is eligible to receive a grant under this part 

18 if the State submits to the Commission, at such time and 

19 in such form as the Commission may require, an applica20 tion containing— 

21 ‘‘(1) a description of how the State will use the 

22 grant to carry out the activities authorized under this 

23 part; 

24 ‘‘(2) a certification and assurance that, not later 

25 than 5 years after receiving the grant, the State will 


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1 carry out risk-limiting audits and will carry out vot2 ing system security improvements, as described in sec3 tion 298A; and 

4 ‘‘(3) such other information and assurances as 

5 the Commission may require. 

6 ‘‘SEC. 298C. REPORTS TO CONGRESS. 

7 ‘‘Not later than 90 days after the end of each fiscal 

8 year, the Commission shall submit a report to the appro9 priate congressional committees, including the Committees 

10 on Homeland Security, House Administration, and the Ju11 diciary of the House of Representatives and the Committees 

12 on Homeland Security and Governmental Affairs, the Judi13 ciary, and Rules and Administration of the Senate, on the 

14 activities carried out with the funds provided under this 

15 part. 

16 ‘‘SEC. 298D. AUTHORIZATION OF APPROPRIATIONS. 

17 ‘‘(a) AUTHORIZATION.—There are authorized to be ap18 propriated for grants under this part— 

19 ‘‘(1) $1,000,000,000 for fiscal year 2019; and 

20 ‘‘(2) $175,000,000 for each of the fiscal years 

21 2020, 2022, 2024, and 2026. 

22 ‘‘(b) CONTINUING AVAILABILITY OF AMOUNTS.—Any 

23 amounts appropriated pursuant to the authorization of this 

24 section shall remain available until expended.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents of 

2 such Act, as amended by section 1906(b), is amended by 

3 adding at the end of the items relating to subtitle D of title 

4 II the following: 

‘‘PART 8—GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING

SYSTEMS AND CARRYING OUT VOTING SYSTEM IMPROVEMENTS

‘‘Sec. 298. Grants for obtaining compliant paper ballot voting systems and 

carrying out voting system security improvements. 

‘‘Sec. 298A. Voting system security improvements described. 

‘‘Sec. 298B. Eligibility of States. 

‘‘Sec. 298C. Reports to Congress. 

‘‘Sec. 298D. Authorization of appropriations. 

5 SEC. 3002. COORDINATION OF VOTING SYSTEM SECURITY 

6 ACTIVITIES WITH USE OF REQUIREMENTS 

7 PAYMENTS AND ELECTION ADMINISTRATION 

8 REQUIREMENTS UNDER HELP AMERICA VOTE 

9 ACT OF 2002. 

10 (a) DUTIES OF ELECTION ASSISTANCE COMMIS11 SION.—Section 202 of the Help America Vote Act of 2002 

12 (52 U.S.C. 20922) is amended in the matter preceding 

13 paragraph (1) by striking ‘‘by’’ and inserting ‘‘and the se14 curity of election infrastructure by’’. 

15 (b) MEMBERSHIP OF SECRETARY OF HOMELAND SE16 CURITY ON BOARD OF ADVISORS OF ELECTION ASSISTANCE

17 COMMISSION.—Section 214(a) of such Act (52 U.S.C. 

18 20944(a)) is amended— 

19 (1) by striking ‘‘37 members’’ and inserting ‘‘38 

20 members’’; and 


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1 (2) by adding at the end the following new para2 graph: 

3 ‘‘(17) The Secretary of Homeland Security or the 

4 Secretary’s designee.’’. 

5 (c) REPRESENTATIVE OF DEPARTMENT OF HOMELAND

6 SECURITY ON TECHNICAL GUIDELINES DEVELOPMENT

7 COMMITTEE.—Section 221(c)(1) of such Act (52 U.S.C. 

8 20961(c)(1)) is amended— 

9 (1) by redesignating subparagraph (E) as sub10 paragraph (F); and 

11 (2) by inserting after subparagraph (D) the fol12 lowing new subparagraph: 

13 ‘‘(E) A representative of the Department of 

14 Homeland Security.’’. 

15 (d) GOALS OF PERIODIC STUDIES OF ELECTION AD16 MINISTRATION ISSUES; CONSULTATION WITH SECRETARY

17 OF HOMELAND SECURITY.—Section 241(a) of such Act (52 

18 U.S.C. 20981(a)) is amended— 

19 (1) in the matter preceding paragraph (1), by 

20 striking ‘‘the Commission shall’’ and inserting ‘‘the 

21 Commission, in consultation with the Secretary of 

22 Homeland Security (as appropriate), shall’’; 

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

24 (3); 


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1 (3) by redesignating paragraph (4) as para2 graph (5); and 

3 (4) by inserting after paragraph (3) the fol4 lowing new paragraph: 

5 ‘‘(4) will be secure against attempts to under6 mine the integrity of election systems by cyber or 

7 other means; and’’. 

8 (e) REQUIREMENTS PAYMENTS.— 

9 (1) USE OF PAYMENTS FOR VOTING SYSTEM SE10 CURITY IMPROVEMENTS.—Section 251(b) of such Act 

11 (52 U.S.C. 21001(b)), as amended by section 

12 1061(a)(2), is further amended by adding at the end 

13 the following new paragraph: 

14 ‘‘(5) PERMITTING USE OF PAYMENTS FOR VOTING

15 SYSTEM SECURITY IMPROVEMENTS.—A State may use 

16 a requirements payment to carry out any of the fol17 lowing activities: 

18 ‘‘(A) Cyber and risk mitigation training. 

19 ‘‘(B) Providing increased technical support 

20 for any information technology infrastructure 

21 that the chief State election official deems to be 

22 part of the State’s election infrastructure or des23 ignates as critical to the operation of the State’s 

24 election infrastructure. 


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1 ‘‘(C) Enhancing the cybersecurity and oper2 ations of the information technology infrastruc3 ture described in subparagraph (B). 

4 ‘‘(D) Enhancing the security of voter reg5 istration databases.’’. 

6 (2) INCORPORATION OF ELECTION INFRASTRUC7 TURE PROTECTION IN STATE PLANS FOR USE OF PAY8 MENTS.—Section 254(a)(1) of such Act (52 U.S.C. 

9 21004(a)(1)) is amended by striking the period at the 

10 end and inserting ‘‘, including the protection of elec11 tion infrastructure.’’. 

12 (3) COMPOSITION OF COMMITTEE RESPONSIBLE

13 FOR DEVELOPING STATE PLAN FOR USE OF PAY14 MENTS.—Section 255 of such Act (52 U.S.C. 21005) 

15 is amended— 

16 (A) by redesignating subsection (b) as sub17 section (c); and 

18 (B) by inserting after subsection (a) the fol19 lowing new subsection: 

20 ‘‘(b) GEOGRAPHIC REPRESENTATION.—The members 

21 of the committee shall be a representative group of individ22 uals from the State’s counties, cities, towns, and Indian 

23 tribes, and shall represent the needs of rural as well as 

24 urban areas of the State, as the case may be.’’. 


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1 (f) ENSURING PROTECTION OF COMPUTERIZED

2 STATEWIDE VOTER REGISTRATION LIST.—Section 

3 303(a)(3) of such Act (52 U.S.C. 21083(a)(3)) is amended 

4 by striking the period at the end and inserting ‘‘, as well 

5 as other measures to prevent and deter cybersecurity inci6 dents, as identified by the Commission, the Secretary of 

7 Homeland Security, and the Technical Guidelines Develop8 ment Committee.’’. 

9 SEC. 3003. INCORPORATION OF DEFINITIONS. 

10 (a) IN GENERAL.—Section 901 of the Help America 

11 Vote Act of 2002 (52 U.S.C. 21141) is amended to read as 

12 follows: 

13 ‘‘SEC. 901. DEFINITIONS. 

14 ‘‘In this Act, the following definitions apply: 

15 ‘‘(1) The term ‘cybersecurity incident’ has the 

16 meaning given the term ‘incident’ in section 227 of 

17 the Homeland Security Act of 2002 (6 U.S.C. 148). 

18 ‘‘(2) The term ‘election infrastructure’ has the 

19 meaning given such term in section 3501 of the Elec20 tion Security Act. 

21 ‘‘(3) The term ‘State’ means each of the several 

22 States, the District of Columbia, the Commonwealth 

23 of Puerto Rico, Guam, American Samoa, the United 

24 States Virgin Islands, and the Commonwealth of the 

25 Northern Mariana Islands.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents of 

2 such Act is amended by amending the item relating to sec3 tion 901 to read as follows: 

‘‘Sec. 901. Definitions.’’. 

4 PART 2—GRANTS FOR RISK-LIMITING AUDITS OF 

5 RESULTS OF ELECTIONS 

6 SEC. 3011. GRANTS TO STATES FOR CONDUCTING RISK-LIM7 ITING AUDITS OF RESULTS OF ELECTIONS. 

8 (a) AVAILABILITY OF GRANTS.—Subtitle D of title II 

9 of the Help America Vote Act of 2002 (52 U.S.C. 21001 

10 et seq.), as amended by sections 1906(a) and 3001(a), is 

11 amended by adding at the end the following new part: 

12 ‘‘PART 9—GRANTS FOR CONDUCTING RISK13 LIMITING AUDITS OF RESULTS OF ELECTIONS 

14 ‘‘SEC. 299. GRANTS FOR CONDUCTING RISK-LIMITING AU15 DITS OF RESULTS OF ELECTIONS. 

16 ‘‘(a) AVAILABILITY OF GRANTS.—The Commission 

17 shall make a grant to each eligible State to conduct risk18 limiting audits as described in subsection (b) with respect 

19 to the regularly scheduled general elections for Federal office 

20 held in November 2020 and each succeeding election for 

21 Federal office. 

22 ‘‘(b) RISK-LIMITING AUDITS DESCRIBED.—In this 

23 part, a ‘risk-limiting audit’ is a post-election process— 

24 ‘‘(1) which is conducted in accordance with rules 

25 and procedures established by the chief State election 


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1 official of the State which meet the requirements of 

2 subsection (c); and 

3 ‘‘(2) under which, if the reported outcome of the 

4 election is incorrect, there is at least a predetermined 

5 percentage chance that the audit will replace the in6 correct outcome with the correct outcome as deter7 mined by a full, hand-to-eye tabulation of all votes 

8 validly cast in that election that ascertains voter in9 tent manually and directly from voter-verifiable 

10 paper records. 

11 ‘‘(c) REQUIREMENTS FOR RULES AND PROCEDURES.— 

12 The rules and procedures established for conducting a risk13 limiting audit shall include the following elements: 

14 ‘‘(1) Rules for ensuring the security of ballots 

15 and documenting that prescribed procedures were fol16 lowed. 

17 ‘‘(2) Rules and procedures for ensuring the accu18 racy of ballot manifests produced by election agencies. 

19 ‘‘(3) Rules and procedures for governing the for20 mat of ballot manifests, cast vote records, and other 

21 data involved in the audit. 

22 ‘‘(4) Methods to ensure that any cast vote records 

23 used in the audit are those used by the voting system 

24 to tally the election results sent to the chief State elec25 tion official and made public. 


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1 ‘‘(5) Procedures for the random selection of bal2 lots to be inspected manually during each audit. 

3 ‘‘(6) Rules for the calculations and other methods 

4 to be used in the audit and to determine whether and 

5 when the audit of an election is complete. 

6 ‘‘(7) Procedures and requirements for testing any 

7 software used to conduct risk-limiting audits. 

8 ‘‘(d) DEFINITIONS.—In this part, the following defini9 tions apply: 

10 ‘‘(1) The term ‘ballot manifest’ means a record 

11 maintained by each election agency that meets each 

12 of the following requirements: 

13 ‘‘(A) The record is created without reliance 

14 on any part of the voting system used to tabulate 

15 votes. 

16 ‘‘(B) The record functions as a sampling 

17 frame for conducting a risk-limiting audit. 

18 ‘‘(C) The record contains the following in19 formation with respect to the ballots cast and 

20 counted in the election: 

21 ‘‘(i) The total number of ballots cast 

22 and counted by the agency (including 

23 undervotes, overvotes, and other invalid 

24 votes). 


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1 ‘‘(ii) The total number of ballots cast 

2 in each election administered by the agency 

3 (including undervotes, overvotes, and other 

4 invalid votes). 

5 ‘‘(iii) A precise description of the man6 ner in which the ballots are physically 

7 stored, including the total number of phys8 ical groups of ballots, the numbering system 

9 for each group, a unique label for each 

10 group, and the number of ballots in each 

11 such group. 

12 ‘‘(2) The term ‘incorrect outcome’ means an out13 come that differs from the outcome that would be de14 termined by a full tabulation of all votes validly cast 

15 in the election, determining voter intent manually, 

16 directly from voter-verifiable paper records. 

17 ‘‘(3) The term ‘outcome’ means the winner of an 

18 election, whether a candidate or a position. 

19 ‘‘(4) The term ‘reported outcome’ means the out20 come of an election which is determined according to 

21 the canvass and which will become the official, cer22 tified outcome unless it is revised by an audit, re23 count, or other legal process. 


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1 ‘‘SEC. 299A. ELIGIBILITY OF STATES. 

2 ‘‘A State is eligible to receive a grant under this part 

3 if the State submits to the Commission, at such time and 

4 in such form as the Commission may require, an applica5 tion containing— 

6 ‘‘(1) a certification that, not later than 5 years 

7 after receiving the grant, the State will conduct risk8 limiting audits of the results of elections for Federal 

9 office held in the State as described in section 299; 

10 ‘‘(2) a certification that, not later than one year 

11 after the date of the enactment of this section, the 

12 chief State election official of the State has established 

13 or will establish the rules and procedures for con14 ducting the audits which meet the requirements of sec15 tion 299(c); 

16 ‘‘(3) a certification that the audit shall be com17 pleted not later than the date on which the State cer18 tifies the results of the election; 

19 ‘‘(4) a certification that, after completing the 

20 audit, the State shall publish a report on the results 

21 of the audit, together with such information as nec22 essary to confirm that the audit was conducted prop23 erly; 

24 ‘‘(5) a certification that, if a risk-limiting audit 

25 conducted under this part leads to a full manual tally 

26 of an election, State law requires that the State or 


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1 election agency shall use the results of the full manual 

2 tally as the official results of the election; and 

3 ‘‘(6) such other information and assurances as 

4 the Commission may require. 

5 ‘‘SEC. 299B. AUTHORIZATION OF APPROPRIATIONS. 

6 ‘‘There are authorized to be appropriated for grants 

7 under this part $20,000,000 for fiscal year 2019, to remain 

8 available until expended.’’. 

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

10 such Act, as amended by sections 1906(b) and 3001(b), is 

11 further amended by adding at the end of the items relating 

12 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. 

13 SEC. 3012. GAO ANALYSIS OF EFFECTS OF AUDITS. 

14 (a) ANALYSIS.—Not later than 6 months after the first 

15 election for Federal office is held after grants are first 

16 awarded to States for conducting risk-limiting under part 

17 9 of subtitle D of title II of the Help America Vote Act 

18 of 2002 (as added by section 3011) for conducting risk-lim19 iting audits of elections for Federal office, the Comptroller 

20 General of the United States shall conduct an analysis of 

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1 tration of such elections and the security of election infra2 structure in the States receiving such grants. 

3 (b) REPORT.—The Comptroller General of the United 

4 States shall submit a report on the analysis conducted 

5 under subsection (a) to the appropriate congressional com6 mittees. 

7 PART 3—[RESERVED] 

8 Subtitle B—Security Measures 

9 SEC. 3101. ELECTION INFRASTRUCTURE DESIGNATION. 

10 Subparagraph (J) of section 2001(3) of the Homeland 

11 Security Act of 2002 (6 U.S.C. 601(3)) is amended by in12 serting ‘‘, including election infrastructure’’ before the pe13 riod at the end. 

14 SEC. 3102. TIMELY THREAT INFORMATION. 

15 Subsection (d) of section 201 of the Homeland Security 

16 Act of 2002 (6 U.S.C. 121) is amended by adding at the 

17 end the following new paragraph: 

18 ‘‘(24) To provide timely threat information re19 garding election infrastructure to the chief State elec20 tion official of the State with respect to which such 

21 information pertains.’’. 

22 SEC. 3103. SECURITY CLEARANCE ASSISTANCE FOR ELEC23 TION OFFICIALS. 

24 In order to promote the timely sharing of information 

25 on threats to election infrastructure, the Secretary may— 


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1 (1) help expedite a security clearance for the 

2 chief State election official and other appropriate 

3 State personnel involved in the administration of 

4 elections, as designated by the chief State election offi5 cial; 

6 (2) sponsor a security clearance for the chief 

7 State election official and other appropriate State 

8 personnel involved in the administration of elections, 

9 as designated by the chief State election official; and 

10 (3) facilitate the issuance of a temporary clear11 ance to the chief State election official and other ap12 propriate State personnel involved in the administra13 tion of elections, as designated by the chief State elec14 tion official, if the Secretary determines classified in15 formation to be timely and relevant to the election in16 frastructure of the State at issue. 

17 SEC. 3104. SECURITY RISK AND VULNERABILITY ASSESS18 MENTS. 

19 (a) IN GENERAL.—Paragraph (6) of section 2209(c) 

20 of the Homeland Security Act of 2002 (6 U.S.C. 659(c)) 

21 is amended by inserting ‘‘(including by carrying out a secu22 rity risk and vulnerability assessment)’’ after ‘‘risk man23 agement support’’. 

24 (b) PRIORITIZATION TO ENHANCE ELECTION SECU25 RITY.— 


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1 (1) IN GENERAL.—Not later than 90 days after 

2 receiving a written request from a chief State election 

3 official, the Secretary shall, to the extent practicable, 

4 commence a security risk and vulnerability assess5 ment (pursuant to paragraph (6) of section 227(c) of 

6 the Homeland Security Act of 2002, as amended by 

7 subsection (a)) on election infrastructure in the State 

8 at issue. 

9 (2) NOTIFICATION.—If the Secretary, upon re10 ceipt of a request described in paragraph (1), deter11 mines that a security risk and vulnerability assess12 ment cannot be commenced within 90 days, the Sec13 retary shall expeditiously notify the chief State elec14 tion official who submitted such request. 

15 SEC. 3105. ANNUAL REPORTS. 

16 (a) REPORTS ON ASSISTANCE AND ASSESSMENTS.— 

17 Not later than one year after the date of the enactment of 

18 this Act and annually thereafter through 2026, the Sec19 retary shall submit to the appropriate congressional com20 mittees— 

21 (1) efforts to carry out section 203 during the 

22 prior year, including specific information on which 

23 States were helped, how many officials have been 

24 helped in each State, how many security clearances 

25 have been sponsored in each State, and how many 


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1 temporary clearances have been issued in each State; 

2 and 

3 (2) efforts to carry out section 205 during the 

4 prior year, including specific information on which 

5 States were helped, the dates on which the Secretary 

6 received a request for a security risk and vulner7 ability assessment pursuant to such section, the dates 

8 on which the Secretary commenced each such request, 

9 and the dates on which the Secretary transmitted a 

10 notification in accordance with subsection (b)(2) of 

11 such section. 

12 (b) REPORTS ON FOREIGN THREATS.—Not later than 

13 90 days after the end of each fiscal year (beginning with 

14 fiscal year 2019), the Secretary and the Director of Na15 tional Intelligence, in coordination with the heads of appro16 priate offices of the Federal government, shall submit a joint 

17 report to the appropriate congressional committees on for18 eign threats to elections in the United States, including 

19 physical and cybersecurity threats. 

20 (c) INFORMATION FROM STATES.—For purposes of 

21 preparing the reports required under this section, the Sec22 retary shall solicit and consider information and comments 

23 from States and election agencies, except that the provision 

24 of such information and comments by a State or election 


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1 agency shall be voluntary and at the discretion of the State 

2 or agency. 

3 Subtitle C—Enhancing Protections 

4 for United States Democratic In5 stitutions 

6 SEC. 3201. NATIONAL STRATEGY TO PROTECT UNITED 

7 STATES DEMOCRATIC INSTITUTIONS. 

8 (a) IN GENERAL.—Not later than one year after the 

9 date of the enactment of this Act, the President, acting 

10 through the Secretary, in consultation with the Chairman, 

11 the Secretary of Defense, the Secretary of State, the Attor12 ney General, the Secretary of Education, the Director of Na13 tional Intelligence, the Chairman of the Federal Election 

14 Commission, and the heads of any other appropriate Fed15 eral agencies, shall issue a national strategy to protect 

16 against cyber attacks, influence operations, disinformation 

17 campaigns, and other activities that could undermine the 

18 security and integrity of United States democratic institu19 tions. 

20 (b) CONSIDERATIONS.—The national strategy required 

21 under subsection (a) shall include consideration of the fol22 lowing: 

23 (1) The threat of a foreign state actor, foreign 

24 terrorist organization (as designated pursuant to sec25 tion 219 of the Immigration and Nationality Act (8 


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1 U.S.C. 1189)), or a domestic actor carrying out a 

2 cyber attack, influence operation, disinformation 

3 campaign, or other activity aimed at undermining 

4 the security and integrity of United States democratic 

5 institutions. 

6 (2) The extent to which United States democratic 

7 institutions are vulnerable to a cyber attack, influence 

8 operation, disinformation campaign, or other activity 

9 aimed at undermining the security and integrity of 

10 such democratic institutions. 

11 (3) Potential consequences, such as an erosion of 

12 public trust or an undermining of the rule of law, 

13 that could result from a successful cyber attack, influ14 ence operation, disinformation campaign, or other ac15 tivity aimed at undermining the security and integ16 rity of United States democratic institutions. 

17 (4) Lessons learned from other Western govern18 ments the institutions of which were subject to a cyber 

19 attack, influence operation, disinformation campaign, 

20 or other activity aimed at undermining the security 

21 and integrity of such institutions, as well as actions 

22 that could be taken by the United States Government 

23 to bolster collaboration with foreign partners to detect, 

24 deter, prevent, and counter such activities. 


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1 (5) Potential impacts such as an erosion of pub2 lic trust in democratic institutions as could be associ3 ated with a successful cyber breach or other activity 

4 negatively-affecting election infrastructure. 

5 (6) Roles and responsibilities of the Secretary, 

6 the Chairman, and the heads of other Federal entities 

7 and non-Federal entities, including chief State elec8 tion officials and representatives of multi-state infor9 mation sharing and analysis center. 

10 (7) Any findings, conclusions, and recommenda11 tions to strengthen protections for United States 

12 democratic institutions that have been agreed to by a 

13 majority of Commission members on the National 

14 Commission to Protect United States Democratic In15 stitutions, authorized pursuant to section 32002. 

16 (c) IMPLEMENTATION PLAN.—Not later than 90 days 

17 after the issuance of the national strategy required under 

18 subsection (a), the President, acting through the Secretary, 

19 in coordination with the Chairman, shall issue an imple20 mentation plan for Federal efforts to implement such strat21 egy that includes the following: 

22 (1) Strategic objectives and corresponding tasks. 

23 (2) Projected timelines and costs for the tasks re24 ferred to in paragraph (1). 


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1 (3) Metrics to evaluate performance of such 

2 tasks. 

3 (d) CLASSIFICATION.—The national strategy required 

4 under subsection (a) shall be in unclassified form but may 

5 contain a classified annex. 

6 SEC. 3202. NATIONAL COMMISSION TO PROTECT UNITED 

7 STATES DEMOCRATIC INSTITUTIONS. 

8 (a) ESTABLISHMENT.—There is established within the 

9 legislative branch the National Commission to Protect 

10 United States Democratic Institutions (hereafter in this sec11 tion referred to as the ‘‘Commission’’). 

12 (b) PURPOSE.—The purpose of the Commission is to 

13 counter efforts to undermine democratic institutions within 

14 the United States. 

15 (c) COMPOSITION.— 

16 (1) MEMBERSHIP.—The Commission shall be 

17 composed of 10 members appointed for the life of the 

18 Commission as follows: 

19 (A) One member shall be appointed by the 

20 Secretary. 

21 (B) One member shall be appointed by the 

22 Chairman. 

23 (C) 2 members shall be appointed by the 

24 majority leader of the Senate, in consultation 

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1 land Security and Governmental Affairs, the 

2 Chairman of the Committee on the Judiciary, 

3 and the Chairman of the Committee on Rules 

4 and Administration. 

5 (D) 2 members shall be appointed by the 

6 minority leader of the Senate, in consultation 

7 with the ranking minority member of the Com8 mittee on Homeland Security and Governmental 

9 Affairs, the ranking minority member of the 

10 Committee on the Judiciary, and the ranking 

11 minority member of the Committee on Rules and 

12 Administration. 

13 (E) 2 members shall be appointed by the 

14 Speaker of the House of Representatives, in con15 sultation with the Chairman of the Committee 

16 on Homeland Security, the Chairman of the 

17 Committee on House Administration, and the 

18 Chairman of the Committee on the Judiciary. 

19 (F) 2 members shall be appointed by the 

20 minority leader of the House of Representatives, 

21 in consultation with the ranking minority mem22 ber of the Committee on Homeland Security, the 

23 ranking minority member of the Committee on 

24 the Judiciary, and the ranking minority member 

25 of the Committee on House Administration. 


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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 rel5 evant fields, including, but not limited to cybersecu6 rity, national security, and the Constitution of the 

7 United States. 

8 (3) NO COMPENSATION FOR SERVICE.—Members 

9 shall not receive compensation for service on the Com10 mission, but shall receive travel expenses, including 

11 per diem in lieu of subsistence, in accordance with 

12 chapter 57 of title 5, United States Code. 

13 (4) DEADLINE FOR APPOINTMENT.—All members 

14 of the Commission shall be appointed no later than 

15 60 days after the date of the enactment of this Act. 

16 (5) VACANCIES.—A vacancy on the Commission 

17 shall not affect its powers and shall be filled in the 

18 manner in which the original appointment was 

19 made. The appointment of the replacement member 

20 shall be made not later than 60 days after the date 

21 on which the vacancy occurs. 

22 (d) CHAIR AND VICE CHAIR.—The Commission shall 

23 elect a Chair and Vice Chair from among its members. 

24 (e) QUORUM AND MEETINGS.— 


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1 (1) QUORUM.—The Commission shall meet and 

2 begin the operations of the Commission not later than 

3 30 days after the date on which all members have 

4 been appointed or, if such meeting cannot be mutu5 ally agreed upon, on a date designated by the Speaker 

6 of the House of Representatives and the President pro 

7 Tempore of the Senate. Each subsequent meeting shall 

8 occur upon the call of the Chair or a majority of its 

9 members. A majority of the members of the Commis10 sion shall constitute a quorum, but a lesser number 

11 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 that 

15 the Commission is authorized to take under this sec16 tion. 

17 (f) POWERS.— 

18 (1) HEARINGS AND EVIDENCE.—The Commission 

19 (or, on the authority of the Commission, any sub20 committee or member thereof) may, for the purpose of 

21 carrying out this section, hold hearings and sit and 

22 act at such times and places, take such testimony, re23 ceive such evidence, and administer such oaths as the 

24 Commission considers advisable to carry out its du25 ties. 


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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 the 

4 Commission to discharge its duties under this section. 

5 (g) ASSISTANCE FROM FEDERAL AGENCIES.— 

6 (1) GENERAL SERVICES ADMINISTRATION.—The 

7 Administrator of General Services shall provide to the 

8 Commission on a reimbursable basis administrative 

9 support and other services for the performance of the 

10 Commission’s functions. 

11 (2) OTHER DEPARTMENTS AND AGENCIES.—In 

12 addition to the assistance provided under paragraph 

13 (1), the Department of Homeland Security, the Elec14 tion Assistance Commission, and other appropriate 

15 departments and agencies of the United States shall 

16 provide to the Commission such services, funds, facili17 ties, and staff as they may determine advisable and 

18 as may be authorized by law. 

19 (h) PUBLIC MEETINGS.—Any public meetings of the 

20 Commission shall be conducted in a manner consistent with 

21 the protection of information provided to or developed for 

22 or by the Commission as required by any applicable statute, 

23 regulation, or Executive order. 

24 (i) SECURITY CLEARANCES.— 


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1 (1) IN GENERAL.—The heads of appropriate de2 partments and agencies of the executive branch shall 

3 cooperate with the Commission to expeditiously pro4 vide Commission members and staff with appropriate 

5 security clearances to the extent possible under appli6 cable procedures and requirements. 

7 (2) PREFERENCES.—In appointing staff, obtain8 ing detailees, and entering into contracts for the pro9 vision of services for the Commission, the Commission 

10 shall give preference to individuals otherwise who 

11 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, conclusions, 

17 and recommendations to strengthen protections for 

18 democratic institutions in the United States as have 

19 been agreed to by a majority of the members of the 

20 Commission. 

21 (2) FINAL REPORT.—Not later than 18 months 

22 after the date of the first meeting of the Commission, 

23 the Commission shall submit to the President and 

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1 tions for democratic institutions in the United States 

2 as have been agreed to by a majority of the members 

3 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 TER10 MINATION.—During the 60-day period described in 

11 paragraph (2), the Commission may carry out such 

12 administrative activities as may be required to con13 clude its work, including providing testimony to com14 mittees of Congress concerning the final report and 

15 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.— 


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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 labora11 tories 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 basis 

14 of the most recent voting system guidelines ap15 plicable to such hardware or software (including 

16 election cybersecurity guidelines) issued under 

17 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 Act, 


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1 the Commission shall decertify such hardware or 

2 software.’’. 

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

4 paragraph (1) shall apply with respect to the regu5 larly scheduled general election for Federal office held 

6 in November 2020 and each succeeding regularly 

7 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 fol12 lowing new paragraph: 

13 ‘‘(3) ELECTION CYBERSECURITY GUIDELINES.— 

14 Not later than 6 months after the date of the enact15 ment of this paragraph, the Development Committee 

16 shall issue election cybersecurity guidelines, including 

17 standards and best practices for procuring, maintain18 ing, testing, operating, and updating election systems 

19 to prevent and deter cybersecurity incidents.’’. 

20 SEC. 3302. TREATMENT OF ELECTRONIC POLL BOOKS AS 

21 PART OF VOTING SYSTEMS. 

22 (a) INCLUSION IN DEFINITION OF VOTING SYSTEM.— 

23 Section 301(b) of the Help America Vote Act of 2002 (52 

24 U.S.C. 21081(b)) is amended— 


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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 to 

10 the election; and’’. 

11 (b) DEFINITION.—Section 301 of such Act (52 U.S.C. 

12 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 following 

16 new subsection: 

17 ‘‘(c) ELECTRONIC POLL BOOK DEFINED.—In this Act, 

18 the term ‘electronic poll book’ means the total combination 

19 of mechanical, electromechanical, or electronic equipment 

20 (including the software, firmware, and documentation re21 quired to program, control, and support the equipment) 

22 that is used— 

23 ‘‘(1) to retain the list of registered voters at a 

24 polling location, or vote center, or other location at 


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1 which voters cast votes in an election for Federal of2 fice; and 

3 ‘‘(2) to identify registered voters who are eligible 

4 to vote in an election.’’. 

5 (c) EFFECTIVE DATE.—Section 301(e) of such Act (52 

6 U.S.C. 21081(e)), as redesignated by subsection (b), is 

7 amended by striking the period at the end and inserting 

8 the following: ‘‘, or, with respect to any requirements relat9 ing to electronic poll books, on and after January 1, 2020.’’. 

10 SEC. 3303. PRE-ELECTION REPORTS ON VOTING SYSTEM 

11 USAGE. 

12 (a) REQUIRING STATES TO SUBMIT REPORTS.—Title 

13 III of the Help America Vote Act of 2002 (52 U.S.C. 21081 

14 et seq.) is amended by inserting after section 301 the fol15 lowing new section: 

16 ‘‘SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM 

17 USAGE. 

18 ‘‘(a) REQUIRING STATES TO SUBMIT REPORTS.—Not 

19 later than 120 days before the date of each regularly sched20 uled general election for Federal office, the chief State elec21 tion official of a State shall submit a report to the Commis22 sion containing a detailed voting system usage plan for 

23 each jurisdiction in the State which will administer the 

24 election, including a detailed plan for the usage of electronic 


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1 poll books and other equipment and components of such sys2 tem. 

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 of 

8 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 (52 

13 U.S.C. 20922) is amended— 

14 (1) by striking ‘‘The Commission’’ and inserting 

15 ‘‘(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, shall 

20 not apply to the collection of information for purposes of 

21 maintaining the clearinghouse described in paragraph (1) 

22 of subsection (a).’’. 


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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 the 

8 date of the enactment of this Act, the Secretary shall estab9 lish a program to be known as the ‘‘Election Security Bug 

10 Bounty Program’’ (hereafter in this subtitle referred to as 

11 the ‘‘Program’’) to improve the cybersecurity of the systems 

12 used to administer elections for Federal office by facilitating 

13 and encouraging assessments by independent technical ex14 perts, in cooperation with State and local election officials 

15 and election service providers, to identify and report elec16 tion 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 01:44 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6203 E:\BILLS\H1.RH H1

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1 courage participation by, State and local election offi2 cials. 

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 to 

9 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, orga15 nizations, and companies to be considered eligible for 

16 such compensation in compliance with Federal laws; 

17 (4) consult with the Attorney General on how to 

18 ensure that approved individuals, organizations, or 

19 companies that comply with the requirements of the 

20 Program are protected from prosecution under section 

21 1030 of title 18, United States Code, and similar pro22 visions of law, and from liability under civil actions 

23 for specific activities authorized under the Program; 

24 (5) consult with the Secretary of Defense and the 

25 heads of other departments and agencies that have 


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1 implemented programs to provide compensation for 

2 reports of previously undisclosed vulnerabilities in in3 formation systems, regarding lessons that may be ap4 plied from such programs; 

5 (6) develop an expeditious process by which an 

6 individual, organization, or company can register 

7 with the Department, submit to a background check 

8 as determined by the Department, and receive a de9 termination as to eligibility for participation in the 

10 Program; and 

11 (7) engage qualified interested persons, including 

12 representatives of private entities, about the structure 

13 of the Program and, to the extent practicable, estab14 lish a recurring competition for independent technical 

15 experts to assess election systems for the purpose of 

16 identifying and reporting election cybersecurity 

17 vulnerabilities; 

18 (d) USE OF SERVICE PROVIDERS.—The Secretary may 

19 award competitive contracts as necessary to manage the 

20 Program. 

21 SEC. 3403. DEFINITIONS. 

22 In this subtitle, the following definitions apply: 

23 (1) The terms ‘‘election’’ and ‘‘Federal office’’ 

24 have the meanings given such terms in section 301 of 


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1 the Federal Election Campaign Act of 1971 (52 

2 U.S.C. 30101). 

3 (2) The term ‘‘election cybersecurity vulner4 ability’’ means any security vulnerability (as defined 

5 in section 102 of the Cybersecurity Information Shar6 ing Act of 2015 (6 U.S.C. 1501)) that affects an elec7 tion system. 

8 (3) The term ‘‘election service provider’’ means 

9 any person providing, supporting, or maintaining an 

10 election system on behalf of a State or local election 

11 official, such as a contractor or vendor. 

12 (4) The term ‘‘election system’’ means any infor13 mation system (as defined in section 3502 of title 44, 

14 United States Code) which is part of an election in15 frastructure. 

16 (5) The term ‘‘Secretary’’ means the Secretary of 

17 Homeland Security, or, upon designation by the Sec18 retary of Homeland Security, the Deputy Secretary of 

19 Homeland Security, the Director of Cybersecurity and 

20 Infrastructure Security of the Department of Home21 land Security, or a Senate-confirmed official that re22 ports to the Director. 

23 (6) The term ‘‘State’’ means each of the several 

24 States, the District of Columbia, the Commonwealth 

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1 monwealth of Northern Mariana Islands, and the 

2 United States Virgin Islands. 

3 (7) The term ‘‘voting system’’ has the meaning 

4 given such term in section 301(b) of the Help Amer5 ica Vote Act of 2002 (52 U.S.C. 21081(b)). 

6 Subtitle F—Miscellaneous 

7 Provisions 

8 SEC. 3501. DEFINITIONS. 

9 Except as provided in section 3404, in this title, the 

10 following definitions apply: 

11 (1) The term ‘‘Chairman’’ means the chair of the 

12 Election Assistance Commission. 

13 (2) The term ‘‘appropriate congressional com14 mittees’’ means the Committees on Homeland Secu15 rity and House Administration of the House of Rep16 resentatives and the Committees on Homeland Secu17 rity and Governmental Affairs and Rules and Ad18 ministration of the Senate. 

19 (3) The term ‘‘chief State election official’’ 

20 means, with respect to a State, the individual des21 ignated by the State under section 10 of the National 

22 Voter Registration Act of 1993 (52 U.S.C. 20509) to 

23 be responsible for coordination of the State’s respon24 sibilities under such Act. 


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

2 Assistance Commission. 

3 (5) The term ‘‘democratic institutions’’ means 

4 the diverse range of institutions that are essential to 

5 ensuring an independent judiciary, free and fair elec6 tions, and rule of law. 

7 (6) The term ‘‘election agency’’ means any com8 ponent of a State, or any component of a unit of local 

9 government in a State, which is responsible for the 

10 administration of elections for Federal office in the 

11 State. 

12 (7) The term ‘‘election infrastructure’’ means 

13 storage facilities, polling places, and centralized vote 

14 tabulation locations used to support the administra15 tion of elections for public office, as well as related in16 formation and communications technology, including 

17 voter registration databases, voting machines, elec18 tronic mail and other communications systems (in19 cluding electronic mail and other systems of vendors 

20 who have entered into contracts with election agencies 

21 to support the administration of elections, manage the 

22 election process, and report and display election re23 sults), and other systems used to manage the election 

24 process and to report and display election results on 

25 behalf of an election agency. 


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1 (8) The term ‘‘Secretary’’ means the Secretary of 

2 Homeland Security. 

3 (9) The term ‘‘State’’ has the meaning given such 

4 term in section 901 of the Help America Vote Act of 

5 2002 (52 U.S.C. 21141). 

6 SEC. 3502. INITIAL REPORT ON ADEQUACY OF RESOURCES 

7 AVAILABLE FOR IMPLEMENTATION. 

8 Not later than 120 days after enactment of this Act, 

9 the Chairman and the Secretary shall submit a report to 

10 the appropriate committees of Congress, including the Com11 mittees on Homeland Security and House Administration 

12 of the House of Representatives and the Committee on 

13 Homeland Security and Governmental Affairs of the Sen14 ate, analyzing the adequacy of the funding, resources, and 

15 personnel available to carry out this title and the amend16 ments made by this title. 

17 Subtitle G—Severability 

18 SEC. 3601. SEVERABILITY. 

19 If any provision of this title or amendment made by 

20 this title, or the application of a provision or amendment 

21 to any person or circumstance, is held to be unconstitu22 tional, the remainder of this title and amendments made 

23 by this title, and the application of the provisions and 

24 amendment to any person or circumstance, shall not be af25 fected by the holding. 


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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. Application of ban on contributions and expenditures by foreign nationals to domestic corporations, limited liability corporations, 

and partnerships that are foreign-controlled, foreign-influenced, 

and foreign-owned. 

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

PART 2—REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS

Sec. 4111. Reporting of campaign-related disbursements. 

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

Sec. 4113. Effective date. 

PART 3—OTHER ADMINISTRATIVE REFORMS

Sec. 4121. Petition for certiorari. 

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

Subtitle C—Honest Ads 

Sec. 4201. Short title. 

Sec. 4202. Purpose. 

Sec. 4203. Findings. 

Sec. 4204. Sense of Congress. 

Sec. 4205. Expansion of definition of public communication. 

Sec. 4206. Expansion of definition of electioneering communication. 

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

Sec. 4208. Political record requirements for online platforms. 

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

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

Subtitle D—Stand By Every Ad 

Sec. 4301. Short title. 

Sec. 4302. Stand By Every Ad. 

Sec. 4303. Disclaimer requirements for communications made through 

prerecorded telephone calls. 


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

communications. 

Sec. 4305. Effective date. 

Subtitle E—[Reserved] 

Subtitle F—[Reserved] 

Subtitle G—[Reserved] 

Subtitle H—Limitation and Disclosure Requirements for Presidential 

Inaugural Committees 

Sec. 4701. Short title. 

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

by, Inaugural Committees. 

Subtitle I—Severability 

Sec. 4801. Severability. 

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 

10 ‘‘shell companies,’’ to hide, move, and launder the 

11 dirty money derived from illicit activities such as 

12 trafficking, bribery, exploitation, and embezzlement. 

13 Ownership and control of the finances that run 

14 through shell companies are obscured to regulators 

15 and law enforcement because little information is re16 quired and collected when establishing these entities. 


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1 (2) The public release of the ‘‘Panama Papers’’ 

2 in 2016 and the ‘‘Paradise Papers’’ in 2017 revealed 

3 that these shell companies often purchase and sell 

4 United States real estate. United States anti-money 

5 laundering laws do not apply to cash transactions in6 volving real estate effectively concealing the bene7 ficiaries and transactions from regulators and law 

8 enforcement. 

9 (3) Congress should curb the use of anonymous 

10 shell companies for illicit purposes by requiring 

11 United States companies to disclose their beneficial 

12 owners, strengthening anti-money laundering and 

13 counter-terrorism finance laws. 

14 (4) Congress should examine the money laun15 dering and terrorist financing risks in the real estate 

16 market, including the role of anonymous parties, and 

17 review legislation to address any vulnerabilities iden18 tified in this sector. 

19 (5) Congress should examine the methods by 

20 which corruption flourishes and the means to detect 

21 and deter the financial misconduct that fuels this 

22 driver of global instability. Congress should monitor 

23 government efforts to enforce United States anti-cor24 ruption laws and regulations. 


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1 Subtitle B—DISCLOSE Act 

2 SEC. 4100. SHORT TITLE. 

3 This subtitle may be cited as the ‘‘Democracy Is 

4 Strengthened by Casting Light On Spending in Elections 

5 Act of 2019’’ or the ‘‘DISCLOSE Act of 2019’’. 

6 PART 1—REGULATION OF CERTAIN POLITICAL 

7 SPENDING 

8 SEC. 4101. APPLICATION OF BAN ON CONTRIBUTIONS AND 

9 EXPENDITURES BY FOREIGN NATIONALS TO 

10 DOMESTIC CORPORATIONS, LIMITED LIABIL11 ITY CORPORATIONS, AND PARTNERSHIPS 

12 THAT ARE FOREIGN-CONTROLLED, FOREIGN13 INFLUENCED, AND FOREIGN-OWNED. 

14 (a) APPLICATION OF BAN.— 

15 (1) IN GENERAL.—Section 319(b) of the Federal 

16 Election Campaign Act of 1971 (52 U.S.C. 30121(b)) 

17 is amended— 

18 (A) by striking ‘‘or’’ at the end of para19 graph (1); 

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

21 paragraph (2) and inserting ‘‘; or’’; and 

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

23 paragraph: 

24 ‘‘(3) except as provided under subsection (c), any 

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1 ship which is not a foreign national described in 

2 paragraph (1) and— 

3 ‘‘(A) in which a foreign national described 

4 in paragraph (1) or (2) directly or indirectly 

5 owns or controls— 

6 ‘‘(i) 5 percent or more of the voting 

7 shares, if the foreign national is a foreign 

8 country, a foreign government official, or a 

9 corporation principally owned or controlled 

10 by a foreign country or foreign government 

11 official; or 

12 ‘‘(ii) 20 percent or more of the voting 

13 shares, if the foreign national is not de14 scribed in clause (i); 

15 ‘‘(B) in which two or more foreign nation16 als described in paragraph (1) or (2), each of 

17 whom owns or controls at least 5 percent of the 

18 voting shares, directly or indirectly own or con19 trol 50 percent or more of the voting shares; 

20 ‘‘(C) over which one or more foreign nation21 als described in paragraph (1) or (2) has the 

22 power to direct, dictate, or control the decision23 making process of the corporation, limited liabil24 ity corporation, or partnership with respect to 

25 its interests in the United States; or 


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1 ‘‘(D) over which one or more foreign nation2 als described in paragraph (1) or (2) has the 

3 power to direct, dictate, or control the decision4 making process of the corporation, limited liabil5 ity corporation, or partnership with respect to 

6 activities in connection with a Federal, State, or 

7 local election, including— 

8 ‘‘(i) the making of a contribution, do9 nation, expenditure, independent expendi10 ture, or disbursement for an electioneering 

11 communication (within the meaning of sec12 tion 304(f)(3)); or 

13 ‘‘(ii) the administration of a political 

14 committee established or maintained by the 

15 corporation.’’. 

16 (2) ACTIVITIES OF CORPORATE PACS OF DOMES17 TIC SUBSIDIARIES.—Section 319 of such Act (52 

18 U.S.C. 30121) is amended by adding at the end the 

19 following new subsection: 

20 ‘‘(c) ACTIVITIES OF CORPORATE PACS OF DOMESTIC

21 SUBSIDIARIES.—Notwithstanding subsection (a), a foreign 

22 national described in subparagraph (A), (B), or (C) of sub23 section (b)(3) which is a domestic corporation whose prin24 cipal place of business is within the United States may es25 tablish, administer and solicit contributions to a separate 


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1 segregated fund pursuant to section 316(b)(2)(C) so long 

2 as— 

3 ‘‘(1) the foreign national parent corporation of 

4 such domestic corporation does not directly or indi5 rectly finance the establishment, administration, or 

6 solicitation activities of the fund; and 

7 ‘‘(2) the fund is in compliance with complies 

8 with the requirements of section 316(b)(8).’’. 

9 (b) CERTIFICATION OF COMPLIANCE.—Section 319 of 

10 such Act (52 U.S.C. 30121), as amended by subsection 

11 (a)(2), is further amended by adding at the end the fol12 lowing new subsection: 

13 ‘‘(d) CERTIFICATION OF COMPLIANCE REQUIRED

14 PRIOR TO CARRYING OUT ACTIVITY.—Prior to the making 

15 in connection with an election for Federal office of any con16 tribution, donation, expenditure, independent expenditure, 

17 or disbursement for an electioneering communication by a 

18 corporation, limited liability corporation, or partnership 

19 during a year, the chief executive officer of the corporation, 

20 limited liability corporation, or partnership (or, if the cor21 poration, limited liability corporation, or partnership does 

22 not have a chief executive officer, the highest ranking official 

23 of the corporation, limited liability corporation, or partner24 ship), shall file a certification with the Commission, under 

25 penalty of perjury, that the corporation, limited liability 


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1 corporation, or partnership is not prohibited from carrying 

2 out such activity under subsection (b)(3), unless the chief 

3 executive officer has previously filed such a certification 

4 during that calendar year.’’. 

5 (c) EFFECTIVE DATE.—The amendments made by this 

6 section shall take effect upon the expiration of the 180-day 

7 period which begins on the date of the enactment of this 

8 Act, and shall take effect without regard to whether or not 

9 the Federal Election Commission has promulgated regula10 tions to carry out such amendments. 

11 SEC. 4102. CLARIFICATION OF APPLICATION OF FOREIGN 

12 MONEY BAN TO CERTAIN DISBURSEMENTS 

13 AND ACTIVITIES. 

14 (a) APPLICATION TO DISBURSEMENTS TO SUPER

15 PACS.—Section 319(a)(1)(A) of the Federal Election Cam16 paign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is amended 

17 by striking the semicolon and inserting the following: ‘‘, in18 cluding any disbursement to a political committee which 

19 accepts donations or contributions that do not comply with 

20 the limitations, prohibitions, and reporting requirements of 

21 this Act (or any disbursement to or on behalf of any account 

22 of a political committee which is established for the purpose 

23 of accepting such donations or contributions);’’. 

24 (b) CONDITIONS UNDER WHICH CORPORATE PACS

25 MAY MAKE CONTRIBUTIONS AND EXPENDITURES.—Section 


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1 316(b) of such Act (52 U.S.C. 30118(b)) is amended by add2 ing at the end the following new paragraph: 

3 ‘‘(8) A separate segregated fund established by a cor4 poration may not make a contribution or expenditure dur5 ing a year unless the fund has certified to the Commission 

6 the following during the year: 

7 ‘‘(A) Each individual who manages the fund, 

8 and who is responsible for exercising decisionmaking 

9 authority for the fund, is a citizen of the United 

10 States or is lawfully admitted for permanent resi11 dence in the United States. 

12 ‘‘(B) No foreign national under section 319 par13 ticipates in any way in the decisionmaking processes 

14 of the fund with regard to contributions or expendi15 tures under this Act. 

16 ‘‘(C) The fund does not solicit or accept rec17 ommendations from any foreign national under sec18 tion 319 with respect to the contributions or expendi19 tures made by the fund. 

20 ‘‘(D) Any member of the board of directors of the 

21 corporation who is a foreign national under section 

22 319 abstains from voting on matters concerning the 

23 fund or its activities.’’. 


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1 PART 2—REPORTING OF CAMPAIGN-RELATED 

2 DISBURSEMENTS 

3 SEC. 4111. REPORTING OF CAMPAIGN-RELATED DISBURSE4 MENTS. 

5 (a) DISCLOSURE REQUIREMENTS FOR CORPORATIONS, 

6 LABOR ORGANIZATIONS, AND CERTAIN OTHER ENTITIES.— 

7 (1) IN GENERAL.—Section 324 of the Federal 

8 Election Campaign Act of 1971 (52 U.S.C. 30126) is 

9 amended to read as follows: 

10 ‘‘SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSE11 MENTS BY COVERED ORGANIZATIONS. 

12 ‘‘(a) DISCLOSURE STATEMENT.— 

13 ‘‘(1) IN GENERAL.—Any covered organization 

14 that makes campaign-related disbursements aggre15 gating more than $10,000 in an election reporting 

16 cycle shall, not later than 24 hours after each disclo17 sure date, file a statement with the Commission made 

18 under penalty of perjury that contains the informa19 tion described in paragraph (2)— 

20 ‘‘(A) in the case of the first statement filed 

21 under this subsection, for the period beginning 

22 on the first day of the election reporting cycle 

23 (or, if earlier, the period beginning one year be24 fore the first such disclosure date) and ending on 

25 the first such disclosure date; and 


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1 ‘‘(B) in the case of any subsequent state2 ment filed under this subsection, for the period 

3 beginning on the previous disclosure date and 

4 ending on such disclosure date. 

5 ‘‘(2) INFORMATION DESCRIBED.—The informa6 tion described in this paragraph is as follows: 

7 ‘‘(A) The name of the covered organization 

8 and the principal place of business of such orga9 nization and, in the case of a covered organiza10 tion that is a corporation (other than a business 

11 concern that is an issuer of a class of securities 

12 registered under section 12 of the Securities Ex13 change Act of 1934 (15 U.S.C. 78l) or that is re14 quired to file reports under section 15(d) of that 

15 Act (15 U.S.C. 78o(d))) or an entity described in 

16 subsection (e)(2), a list of the beneficial owners 

17 (as defined in paragraph (4)(A)) of the entity 

18 that— 

19 ‘‘(i) identifies each beneficial owner by 

20 name and current residential or business 

21 street address; and 

22 ‘‘(ii) if any beneficial owner exercises 

23 control over the entity through another legal 

24 entity, such as a corporation, partnership, 

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1 fies each such other legal entity and each 

2 such beneficial owner who will use that 

3 other entity to exercise control over the enti4 ty. 

5 ‘‘(B) The amount of each campaign-related 

6 disbursement made by such organization during 

7 the period covered by the statement of more than 

8 $1,000, and the name and address of the person 

9 to whom the disbursement was made. 

10 ‘‘(C) In the case of a campaign-related dis11 bursement that is not a covered transfer, the elec12 tion to which the campaign-related disbursement 

13 pertains and if the disbursement is made for a 

14 public communication, the name of any can15 didate identified in such communication and 

16 whether such communication is in support of or 

17 in opposition to a candidate. 

18 ‘‘(D) A certification by the chief executive 

19 officer or person who is the head of the covered 

20 organization that the campaign-related disburse21 ment is not made in cooperation, consultation, 

22 or concert with or at the request or suggestion of 

23 a candidate, authorized committee, or agent of a 

24 candidate, political party, or agent of a political 

25 party. 


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1 ‘‘(E)(i) If the covered organization makes 

2 campaign-related disbursements using exclu3 sively funds in a segregated bank account con4 sisting of funds that were paid directly to such 

5 account by persons other than the covered orga6 nization that controls the account, for each such 

7 payment to the account— 

8 ‘‘(I) the name and address of each 

9 person who made such payment during 

10 the period covered by the statement; 

11 ‘‘(II) the date and amount of such 

12 payment; and 

13 ‘‘(III) the aggregate amount of all 

14 such payments made by the person 

15 during the period beginning on the 

16 first day of the election reporting cycle 

17 (or, if earlier, the period beginning one 

18 year before the disclosure date) and 

19 ending on the disclosure date, 

20 but only if such payment was made by a person 

21 who made payments to the account in an aggre22 gate amount of $10,000 or more during the pe23 riod beginning on the first day of the election re24 porting cycle (or, if earlier, the period beginning 


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1 one year before the disclosure date) and ending 

2 on the disclosure date. 

3 ‘‘(ii) In any calendar year after 2020, sec4 tion 315(c)(1)(B) shall apply to the amount de5 scribed in clause (i) in the same manner as such 

6 section applies to the limitations established 

7 under subsections (a)(1)(A), (a)(1)(B), (a)(3), 

8 and (h) of such section, except that for purposes 

9 of applying such section to the amounts de10 scribed in subsection (b), the ‘base period’ shall 

11 be 2020. 

12 ‘‘(F)(i) If the covered organization makes 

13 campaign-related disbursements using funds 

14 other than funds in a segregated bank account 

15 described in subparagraph (E), for each payment 

16 to the covered organization— 

17 ‘‘(I) the name and address of each 

18 person who made such payment during 

19 the period covered by the statement; 

20 ‘‘(II) the date and amount of such 

21 payment; and 

22 ‘‘(III) the aggregate amount of all 

23 such payments made by the person 

24 during the period beginning on the 

25 first day of the election reporting cycle 


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1 (or, if earlier, the period beginning one 

2 year before the disclosure date) and 

3 ending on the disclosure date, 

4 but only if such payment was made by a person 

5 who made payments to the covered organization 

6 in an aggregate amount of $10,000 or more dur7 ing the period beginning on the first day of the 

8 election reporting cycle (or, if earlier, the period 

9 beginning one year before the disclosure date) 

10 and ending on the disclosure date. 

11 ‘‘(ii) In any calendar year after 2020, sec12 tion 315(c)(1)(B) shall apply to the amount de13 scribed in clause (i) in the same manner as such 

14 section applies to the limitations established 

15 under subsections (a)(1)(A), (a)(1)(B), (a)(3), 

16 and (h) of such section, except that for purposes 

17 of applying such section to the amounts de18 scribed in subsection (b), the ‘base period’ shall 

19 be 2020. 

20 ‘‘(G) Such other information as required in 

21 rules established by the Commission to promote 

22 the purposes of this section. 

23 ‘‘(3) EXCEPTIONS.— 

24 ‘‘(A) AMOUNTS RECEIVED IN ORDINARY

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1 clude in a statement filed under paragraph (1) 

2 the information described in paragraph (2) shall 

3 not apply to amounts received by the covered or4 ganization in commercial transactions in the or5 dinary course of any trade or business conducted 

6 by the covered organization or in the form of in7 vestments (other than investments by the prin8 cipal shareholder in a limited liability corpora9 tion) in the covered organization. For purposes 

10 of this subparagraph, amounts received by a cov11 ered organization as remittances from an em12 ployee to the employee’s collective bargaining 

13 representative shall be treated as amounts re14 ceived in commercial transactions in the ordi15 nary course of the business conducted by the cov16 ered organization. 

17 ‘‘(B) DONOR RESTRICTION ON USE OF

18 FUNDS.—The requirement to include in a state19 ment submitted under paragraph (1) the infor20 mation described in subparagraph (F) of para21 graph (2) shall not apply if— 

22 ‘‘(i) the person described in such sub23 paragraph prohibited, in writing, the use of 

24 the payment made by such person for cam25 paign-related disbursements; and 


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1 ‘‘(ii) the covered organization agreed to 

2 follow the prohibition and deposited the 

3 payment in an account which is segregated 

4 from any account used to make campaign5 related disbursements. 

6 ‘‘(C) THREAT OF HARASSMENT OR RE7 PRISAL.—The requirement to include any infor8 mation relating to the name or address of any 

9 person (other than a candidate) in a statement 

10 submitted under paragraph (1) shall not apply 

11 if the inclusion of the information would subject 

12 the person to serious threats, harassment, or re13 prisals. 

14 ‘‘(4) OTHER DEFINITIONS.—For purposes of this 

15 section: 

16 ‘‘(A) BENEFICIAL OWNER DEFINED.— 

17 ‘‘(i) IN GENERAL.—Except as provided 

18 in clause (ii), the term ‘beneficial owner’ 

19 means, with respect to any entity, a natural 

20 person who, directly or indirectly— 

21 ‘‘(I) exercises substantial control 

22 over an entity through ownership, vot23 ing rights, agreement, or otherwise; or 


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1 ‘‘(II) has a substantial interest in 

2 or receives substantial economic bene3 fits from the assets of an entity. 

4 ‘‘(ii) EXCEPTIONS.—The term ‘bene5 ficial owner’ shall not include— 

6 ‘‘(I) a minor child; 

7 ‘‘(II) a person acting as a nomi8 nee, intermediary, custodian, or agent 

9 on behalf of another person; 

10 ‘‘(III) a person acting solely as an 

11 employee of an entity and whose con12 trol over or economic benefits from the 

13 entity derives solely from the employ14 ment status of the person; 

15 ‘‘(IV) a person whose only interest 

16 in an entity is through a right of in17 heritance, unless the person also meets 

18 the requirements of clause (i); or 

19 ‘‘(V) a creditor of an entity, un20 less the creditor also meets the require21 ments of clause (i). 

22 ‘‘(iii) ANTI-ABUSE RULE.—The excep23 tions under clause (ii) shall not apply if 

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1 venting, or abusing the provisions of clause 

2 (i) or paragraph (2)(A). 

3 ‘‘(B) DISCLOSURE DATE.—The term ‘disclo4 sure date’ means— 

5 ‘‘(i) the first date during any election 

6 reporting cycle by which a person has made 

7 campaign-related disbursements aggregating 

8 more than $10,000; and 

9 ‘‘(ii) any other date during such elec10 tion reporting cycle by which a person has 

11 made campaign-related disbursements ag12 gregating more than $10,000 since the most 

13 recent disclosure date for such election re14 porting cycle. 

15 ‘‘(C) ELECTION REPORTING CYCLE.—The 

16 term ‘election reporting cycle’ means the 2-year 

17 period beginning on the date of the most recent 

18 general election for Federal office. 

19 ‘‘(D) PAYMENT.—The term ‘payment’ in20 cludes any contribution, donation, transfer, pay21 ment of dues, or other payment. 

22 ‘‘(b) COORDINATION WITH OTHER PROVISIONS.— 

23 ‘‘(1) OTHER REPORTS FILED WITH THE COMMIS24 SION.—Information included in a statement filed 


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1 under this section may be excluded from statements 

2 and reports filed under section 304. 

3 ‘‘(2) TREATMENT AS SEPARATE SEGREGATED

4 FUND.—A segregated bank account referred to in sub5 section (a)(2)(E) may be treated as a separate seg6 regated fund for purposes of section 527(f)(3) of the 

7 Internal Revenue Code of 1986. 

8 ‘‘(c) FILING.—Statements required to be filed under 

9 subsection (a) shall be subject to the requirements of section 

10 304(d) to the same extent and in the same manner as if 

11 such reports had been required under subsection (c) or (g) 

12 of section 304. 

13 ‘‘(d) CAMPAIGN-RELATED DISBURSEMENT DE14 FINED.— 

15 ‘‘(1) IN GENERAL.—In this section, the term 

16 ‘campaign-related disbursement’ means a disburse17 ment by a covered organization for any of the fol18 lowing: 

19 ‘‘(A) An independent expenditure which ex20 pressly advocates the election or defeat of a clear21 ly identified candidate for election for Federal 

22 office, or is the functional equivalent of express 

23 advocacy because, when taken as a whole, it can 

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1 vocating the election or defeat of a candidate for 

2 election for Federal office. 

3 ‘‘(B) Any public communication which re4 fers to a clearly identified candidate for election 

5 for Federal office and which promotes or sup6 ports the election of a candidate for that office, 

7 or attacks or opposes the election of a candidate 

8 for that office, without regard to whether the 

9 communication expressly advocates a vote for or 

10 against a candidate for that office. 

11 ‘‘(C) An electioneering communication, as 

12 defined in section 304(f)(3). 

13 ‘‘(D) A covered transfer. 

14 ‘‘(2) INTENT NOT REQUIRED.—A disbursement 

15 for an item described in subparagraph (A), (B), (C), 

16 or (D) of paragraph (1) shall be treated as a cam17 paign-related disbursement regardless of the intent of 

18 the person making the disbursement. 

19 ‘‘(e) COVERED ORGANIZATION DEFINED.—In this sec20 tion, the term ‘covered organization’ means any of the fol21 lowing: 

22 ‘‘(1) A corporation (other than an organization 

23 described in section 501(c)(3) of the Internal Revenue 

24 Code of 1986). 


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1 ‘‘(2) A limited liability corporation that is not 

2 otherwise treated as a corporation for purposes of this 

3 Act (other than an organization described in section 

4 501(c)(3) of the Internal Revenue Code of 1986). 

5 ‘‘(3) An organization described in section 501(c) 

6 of such Code and exempt from taxation under section 

7 501(a) of such Code (other than an organization de8 scribed in section 501(c)(3) of such Code). 

9 ‘‘(4) A labor organization (as defined in section 

10 316(b)). 

11 ‘‘(5) Any political organization under section 

12 527 of the Internal Revenue Code of 1986, other than 

13 a political committee under this Act (except as pro14 vided in paragraph (6)). 

15 ‘‘(6) A political committee with an account that 

16 accepts donations or contributions that do not comply 

17 with the contribution limits or source prohibitions 

18 under this Act, but only with respect to such accounts. 

19 ‘‘(f) COVERED TRANSFER DEFINED.— 

20 ‘‘(1) IN GENERAL.—In this section, the term 

21 ‘covered transfer’ means any transfer or payment of 

22 funds by a covered organization to another person if 

23 the covered organization— 

24 ‘‘(A) designates, requests, or suggests that 

25 the amounts be used for— 


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1 ‘‘(i) campaign-related disbursements 

2 (other than covered transfers); or 

3 ‘‘(ii) making a transfer to another per4 son for the purpose of making or paying for 

5 such campaign-related disbursements; 

6 ‘‘(B) made such transfer or payment in re7 sponse to a solicitation or other request for a do8 nation or payment for— 

9 ‘‘(i) the making of or paying for cam10 paign-related disbursements (other than cov11 ered transfers); or 

12 ‘‘(ii) making a transfer to another per13 son for the purpose of making or paying for 

14 such campaign-related disbursements; 

15 ‘‘(C) engaged in discussions with the recipi16 ent of the transfer or payment regarding— 

17 ‘‘(i) the making of or paying for cam18 paign-related disbursements (other than cov19 ered transfers); or 

20 ‘‘(ii) donating or transferring any 

21 amount of such transfer or payment to an22 other person for the purpose of making or 

23 paying for such campaign-related disburse24 ments; 


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1 ‘‘(D) made campaign-related disbursements 

2 (other than a covered transfer) in an aggregate 

3 amount of $50,000 or more during the 2-year pe4 riod ending on the date of the transfer or pay5 ment, or knew or had reason to know that the 

6 person receiving the transfer or payment made 

7 such disbursements in such an aggregate amount 

8 during that 2-year period; or 

9 ‘‘(E) knew or had reason to know that the 

10 person receiving the transfer or payment would 

11 make campaign-related disbursements in an ag12 gregate amount of $50,000 or more during the 2- 

13 year period beginning on the date of the transfer 

14 or payment. 

15 ‘‘(2) EXCLUSIONS.—The term ‘covered transfer’ 

16 does not include any of the following: 

17 ‘‘(A) A disbursement made by a covered or18 ganization in a commercial transaction in the 

19 ordinary course of any trade or business con20 ducted by the covered organization or in the 

21 form of investments made by the covered organi22 zation. 

23 ‘‘(B) A disbursement made by a covered or24 ganization if— 


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1 ‘‘(i) the covered organization prohib2 ited, in writing, the use of such disburse3 ment for campaign-related disbursements; 

4 and 

5 ‘‘(ii) the recipient of the disbursement 

6 agreed to follow the prohibition and depos7 ited the disbursement in an account which 

8 is segregated from any account used to 

9 make campaign-related disbursements. 

10 ‘‘(3) SPECIAL RULE REGARDING TRANSFERS

11 AMONG AFFILIATES.— 

12 ‘‘(A) SPECIAL RULE.—A transfer of an 

13 amount by one covered organization to another 

14 covered organization which is treated as a trans15 fer between affiliates under subparagraph (C) 

16 shall be considered a covered transfer by the cov17 ered organization which transfers the amount 

18 only if the aggregate amount transferred during 

19 the year by such covered organization to that 

20 same covered organization is equal to or greater 

21 than $50,000. 

22 ‘‘(B) DETERMINATION OF AMOUNT OF CER23 TAIN PAYMENTS AMONG AFFILIATES.—In deter24 mining the amount of a transfer between affili25 ates for purposes of subparagraph (A), to the exVerDate Sep 11 2014 01:44 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00241 Fmt 6652 Sfmt 6203 E:\BILLS\H1.RH H1

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1 tent that the transfer consists of funds attrib2 utable to dues, fees, or assessments which are 

3 paid by individuals on a regular, periodic basis 

4 in accordance with a per-individual calculation 

5 which is made on a regular basis, the transfer 

6 shall be attributed to the individuals paying the 

7 dues, fees, or assessments and shall not be attrib8 uted to the covered organization. 

9 ‘‘(C) DESCRIPTION OF TRANSFERS BE10 TWEEN AFFILIATES.—A transfer of amounts 

11 from one covered organization to another covered 

12 organization shall be treated as a transfer be13 tween affiliates if— 

14 ‘‘(i) one of the organizations is an af15 filiate of the other organization; or 

16 ‘‘(ii) each of the organizations is an af17 filiate of the same organization, 

18 except that the transfer shall not be treated as a 

19 transfer between affiliates if one of the organiza20 tions is established for the purpose of making 

21 campaign-related disbursements. 

22 ‘‘(D) DETERMINATION OF AFFILIATE STA23 TUS.—For purposes of subparagraph (C), a cov24 ered organization is an affiliate of another cov25 ered organization if— 


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1 ‘‘(i) the governing instrument of the or2 ganization requires it to be bound by deci3 sions of the other organization; 

4 ‘‘(ii) the governing board of the organi5 zation includes persons who are specifically 

6 designated representatives of the other orga7 nization or are members of the governing 

8 board, officers, or paid executive staff mem9 bers of the other organization, or whose 

10 service on the governing board is contingent 

11 upon the approval of the other organization; 

12 or 

13 ‘‘(iii) the organization is chartered by 

14 the other organization. 

15 ‘‘(E) COVERAGE OF TRANSFERS TO AFFILI16 ATED SECTION 501(c)(3) ORGANIZATIONS.—This 

17 paragraph shall apply with respect to an 

18 amount transferred by a covered organization to 

19 an organization described in paragraph (3) of 

20 section 501(c) of the Internal Revenue Code of 

21 1986 and exempt from tax under section 501(a) 

22 of such Code in the same manner as this para23 graph applies to an amount transferred by a 

24 covered organization to another covered organi25 zation. 


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1 ‘‘(g) NO EFFECT ON OTHER REPORTING REQUIRE2 MENTS.—Nothing in this section shall be construed to waive 

3 or otherwise affect any other requirement of this Act which 

4 relates to the reporting of campaign-related disburse5 ments.’’. 

6 (2) CONFORMING AMENDMENT.—Section 

7 304(f)(6) of such Act (52 U.S.C. 30104) is amended 

8 by striking ‘‘Any requirement’’ and inserting ‘‘Except 

9 as provided in section 324(b), any requirement’’. 

10 (b) COORDINATION WITH FINCEN.— 

11 (1) IN GENERAL.—The Director of the Financial 

12 Crimes Enforcement Network of the Department of 

13 the Treasury shall provide the Federal Election Com14 mission with such information as necessary to assist 

15 in administering and enforcing section 324 of the 

16 Federal Election Campaign Act of 1971, as added by 

17 this section. 

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

19 date of the enactment of this Act, the Chairman of the 

20 Federal Election Commission, in consultation with 

21 the Director of the Financial Crimes Enforcement 

22 Network of the Department of the Treasury, shall sub23 mit to Congress a report with recommendations for 

24 providing further legislative authority to assist in the 

25 administration and enforcement of such section 324. 


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1 SEC. 4112. APPLICATION OF FOREIGN MONEY BAN TO DIS2 BURSEMENTS FOR CAMPAIGN-RELATED DIS3 BURSEMENTS CONSISTING OF COVERED 

4 TRANSFERS. 

5 Section 319(a)(1)(A) of the Federal Election Cam6 paign Act of 1971 (52 U.S.C. 30121(a)(1)(A)), as amended 

7 by section 4102, is amended by striking the semicolon and 

8 inserting the following: ‘‘, and any disbursement, other than 

9 an disbursement described in section 324(a)(3)(A), to an10 other person who made a campaign-related disbursement 

11 consisting of a covered transfer (as described in section 324) 

12 during the 2-year period ending on the date of the disburse13 ment;’’. 

14 SEC. 4113. EFFECTIVE DATE. 

15 The amendments made by this part shall apply with 

16 respect to disbursements made on or after January 1, 2020, 

17 and shall take effect without regard to whether or not the 

18 Federal Election Commission has promulgated regulations 

19 to carry out such amendments. 

20 PART 3—OTHER ADMINISTRATIVE REFORMS 

21 SEC. 4121. PETITION FOR CERTIORARI. 

22 Section 307(a)(6) of the Federal Election Campaign 

23 Act of 1971 (52 U.S.C. 30107(a)(6)) is amended by insert24 ing ‘‘(including a proceeding before the Supreme Court on 

25 certiorari)’’ after ‘‘appeal’’. 


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1 SEC. 4122. JUDICIAL REVIEW OF ACTIONS RELATED TO 

2 CAMPAIGN FINANCE LAWS. 

3 (a) IN GENERAL.—Title IV of the Federal Election 

4 Campaign Act of 1971 (52 U.S.C. 30141 et seq.) is amended 

5 by inserting after section 406 the following new section: 

6 ‘‘SEC. 407. JUDICIAL REVIEW. 

7 ‘‘(a) IN GENERAL.—Notwithstanding section 373(f), if 

8 any action is brought for declaratory or injunctive relief 

9 to challenge the constitutionality of any provision of this 

10 Act or of chapter 95 or 96 of the Internal Revenue Code 

11 of 1986, or is brought to with respect to any action of the 

12 Commission under chapter 95 or 96 of the Internal Revenue 

13 Code of 1986, the following rules shall apply: 

14 ‘‘(1) The action shall be filed in the United 

15 States District Court for the District of Columbia and 

16 an appeal from the decision of the district court may 

17 be taken to the Court of Appeals for the District of 

18 Columbia Circuit. 

19 ‘‘(2) In the case of an action relating to declara20 tory or injunctive relief to challenge the constitu21 tionality of a provision— 

22 ‘‘(A) a copy of the complaint shall be deliv23 ered promptly to the Clerk of the House of Rep24 resentatives and the Secretary of the Senate; and 

25 ‘‘(B) it shall be the duty of the United 

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1 bia, the Court of Appeals for the District of Co2 lumbia, and the Supreme Court of the United 

3 States to advance on the docket and to expedite 

4 to the greatest possible extent the disposition of 

5 the action and appeal. 

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

7 any action in which the constitutionality of any provision 

8 of this Act or chapter 95 or 96 of the Internal Revenue Code 

9 of 1986 is raised, any Member of the House of Representa10 tives (including a Delegate or Resident Commissioner to the 

11 Congress) or Senate shall have the right to intervene either 

12 in support of or opposition to the position of a party to 

13 the case regarding the constitutionality of the provision. To 

14 avoid duplication of efforts and reduce the burdens placed 

15 on the parties to the action, the court in any such action 

16 may make such orders as it considers necessary, including 

17 orders to require interveners taking similar positions to file 

18 joint papers or to be represented by a single attorney at 

19 oral argument. 

20 ‘‘(c) CHALLENGE BY MEMBERS OF CONGRESS.—Any 

21 Member of Congress may bring an action, subject to the spe22 cial rules described in subsection (a), for declaratory or in23 junctive relief to challenge the constitutionality of any pro24 vision of this Act or chapter 95 or 96 of the Internal Rev25 enue Code of 1986.’’. 


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1 (b) CONFORMING AMENDMENTS.— 

2 (1) IN GENERAL.— 

3 (A) Section 9011 of the Internal Revenue 

4 Code of 1986 is amended to read as follows: 

5 ‘‘SEC. 9011. JUDICIAL REVIEW. 

6 ‘‘For provisions relating to judicial review of certifi7 cations, determinations, and actions by the Commission 

8 under this chapter, see section 407 of the Federal Election 

9 Campaign Act of 1971.’’. 

10 (B) Section 9041 of the Internal Revenue 

11 Code of 1986 is amended to read as follows: 

12 ‘‘SEC. 9041. JUDICIAL REVIEW. 

13 ‘‘For provisions relating to judicial review of actions 

14 by the Commission under this chapter, see section 407 of 

15 the Federal Election Campaign Act of 1971.’’. 

16 (C) Section 403 of the Bipartisan Cam17 paign Reform Act of 2002 (52 U.S.C. 30110 

18 note) is repealed. 

19 (c) EFFECTIVE DATE.—The amendments made by this 

20 section shall apply to actions brought on or after January 

21 1, 2019. 

22 Subtitle C—Honest Ads 

23 SEC. 4201. SHORT TITLE. 

24 This subtitle may be cited as the ‘‘Honest Ads Act’’. 


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1 SEC. 4202. PURPOSE. 

2 The purpose of this subtitle is to enhance the integrity 

3 of American democracy and national security by improving 

4 disclosure requirements for online political advertisements 

5 in order to uphold the Supreme Court’s well-established 

6 standard that the electorate bears the right to be fully in7 formed. 

8 SEC. 4203. FINDINGS. 

9 Congress makes the following findings: 

10 (1) On January 6, 2017, the Office of the Direc11 tor of National Intelligence published a report titled 

12 ‘‘Assessing Russian Activities and Intentions in Re13 cent U.S. Elections’’, noting that ‘‘Russian President 

14 Vladimir Putin ordered an influence campaign in 

15 2016 aimed at the US presidential election . . .’’. 

16 Moscow’s influence campaign followed a Russian mes17 saging strategy that blends covert intelligence oper18 ation—such as cyber activity—with overt efforts by 

19 Russian Government agencies, state-funded media, 

20 third-party intermediaries, and paid social media 

21 users or ‘‘trolls’’. 

22 (2) On November 24, 2016, The Washington Post 

23 reported findings from 2 teams of independent re24 searchers that concluded Russians ‘‘exploited Amer25 ican-made technology platforms to attack U.S. democ26 racy at a particularly vulnerable moment . . . as part 


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1 of a broadly effective strategy of sowing distrust in 

2 U.S. democracy and its leaders.’’. 

3 (3) Findings from a 2017 study on the manipu4 lation of public opinion through social media con5 ducted by the Computational Propaganda Research 

6 Project at the Oxford Internet Institute found that the 

7 Kremlin is using pro-Russian bots to manipulate 

8 public discourse to a highly targeted audience. With 

9 a sample of nearly 1,300,000 tweets, researchers found 

10 that in the 2016 election’s 3 decisive States, propa11 ganda constituted 40 percent of the sampled election12 related tweets that went to Pennsylvanians, 34 per13 cent to Michigan voters, and 30 percent to those in 

14 Wisconsin. In other swing States, the figure reached 

15 42 percent in Missouri, 41 percent in Florida, 40 per16 cent in North Carolina, 38 percent in Colorado, and 

17 35 percent in Ohio. 

18 (4) On September 6, 2017, the nation’s largest 

19 social media platform disclosed that between June 

20 2015 and May 2017, Russian entities purchased 

21 $100,000 in political advertisements, publishing 

22 roughly 3,000 ads linked to fake accounts associated 

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1 chased focused ‘‘on amplifying divisive social and po2 litical messages . . .’’. 

3 (5) In 2002, the Bipartisan Campaign Reform 

4 Act became law, establishing disclosure requirements 

5 for political advertisements distributed from a tele6 vision or radio broadcast station or provider of cable 

7 or satellite television. In 2003, the Supreme Court 

8 upheld regulations on electioneering communications 

9 established under the Act, noting that such require10 ments ‘‘provide the electorate with information and 

11 insure that the voters are fully informed about the 

12 person or group who is speaking.’’. 

13 (6) According to a study from Borrell Associates, 

14 in 2016, $1,415,000,000 was spent on online adver15 tising, more than quadruple the amount in 2012. 

16 (7) The reach of a few large internet platforms— 

17 larger than any broadcast, satellite, or cable pro18 vider—has greatly facilitated the scope and effective19 ness of disinformation campaigns. For instance, the 

20 largest platform has over 210,000,000 Americans 

21 users—over 160,000,000 of them on a daily basis. By 

22 contrast, the largest cable television provider has 

23 22,430,000 subscribers, while the largest satellite tele24 vision provider has 21,000,000 subscribers. And the 


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1 most-watched television broadcast in United States 

2 history had 118,000,000 viewers. 

3 (8) The public nature of broadcast television, 

4 radio, and satellite ensures a level of publicity for any 

5 political advertisement. These communications are ac6 cessible to the press, fact-checkers, and political oppo7 nents; this creates strong disincentives for a candidate 

8 to disseminate materially false, inflammatory, or con9 tradictory messages to the public. Social media plat10 forms, in contrast, can target portions of the elec11 torate with direct, ephemeral advertisements often on 

12 the basis of private information the platform has on 

13 individuals, enabling political advertisements that are 

14 contradictory, racially or socially inflammatory, or 

15 materially false. 

16 (9) According to comScore, 2 companies own 8 

17 of the 10 most popular smartphone applications as of 

18 June 2017, including the most popular social media 

19 and email services—which deliver information and 

20 news to users without requiring proactivity by the 

21 user. Those same 2 companies accounted for 99 per22 cent of revenue growth from digital advertising in 

23 2016, including 77 percent of gross spending. 79 per24 cent of online Americans—representing 68 percent of 

25 all Americans—use the single largest social network, 


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1 while 66 percent of these users are most likely to get 

2 their news from that site. 

3 (10) In its 2006 rulemaking, the Federal Elec4 tion Commission noted that only 18 percent of all 

5 Americans cited the internet as their leading source 

6 of news about the 2004 Presidential election; by con7 trast, the Pew Research Center found that 65 percent 

8 of Americans identified an internet-based source as 

9 their leading source of information for the 2016 elec10 tion. 

11 (11) The Federal Election Commission, the inde12 pendent Federal agency charged with protecting the 

13 integrity of the Federal campaign finance process by 

14 providing transparency and administering campaign 

15 finance laws, has failed to take action to address on16 line political advertisements. 

17 (12) In testimony before the Senate Select Com18 mittee on Intelligence titled, ‘‘Disinformation: A 

19 Primer in Russian Active Measures and Influence 

20 Campaigns’’, multiple expert witnesses testified that 

21 while the disinformation tactics of foreign adversaries 

22 have not necessarily changed, social media services 

23 now provide ‘‘platform[s] practically purpose-built 

24 for active measures[.]’’ Similarly, as Gen. Keith B. 

25 Alexander (RET.), the former Director of the National 


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1 Security Agency, testified, during the Cold War ‘‘if 

2 the Soviet Union sought to manipulate information 

3 flow, it would have to do so principally through its 

4 own propaganda outlets or through active measures 

5 that would generate specific news: planting of leaflets, 

6 inciting of violence, creation of other false materials 

7 and narratives. But the news itself was hard to ma8 nipulate because it would have required actual control 

9 of the organs of media, which took long-term efforts 

10 to penetrate. Today, however, because the clear major11 ity of the information on social media sites is 

12 uncurated and there is a rapid proliferation of infor13 mation sources and other sites that can reinforce in14 formation, there is an increasing likelihood that the 

15 information available to average consumers may be 

16 inaccurate (whether intentionally or otherwise) and 

17 may be more easily manipulable than in prior eras.’’. 

18 (13) Current regulations on political advertise19 ments do not provide sufficient transparency to up20 hold the public’s right to be fully informed about po21 litical advertisements made online. 

22 SEC. 4204. SENSE OF CONGRESS. 

23 It is the sense of Congress that— 

24 (1) the dramatic increase in digital political ad25 vertisements, and the growing centrality of online 


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1 platforms in the lives of Americans, requires the Con2 gress and the Federal Election Commission to take 

3 meaningful action to ensure that laws and regulations 

4 provide the accountability and transparency that is 

5 fundamental to our democracy;. 

6 (2) free and fair elections require both trans7 parency and accountability which give the public a 

8 right to know the true sources of funding for political 

9 advertisements in order to make informed political 

10 choices and hold elected officials accountable; and 

11 (3) transparency of funding for political adver12 tisements is essential to enforce other campaign fi13 nance laws, including the prohibition on campaign 

14 spending by foreign nationals. 

15 SEC. 4205. EXPANSION OF DEFINITION OF PUBLIC COMMU16 NICATION. 

17 (a) IN GENERAL.—Paragraph (22) of section 301 of 

18 the Federal Election Campaign Act of 1971 (52 U.S.C. 

19 30101(22)) is amended by striking ‘‘or satellite communica20 tion’’ and inserting ‘‘satellite, paid internet, or paid digital 

21 communication’’. 

22 (b) TREATMENT OF CONTRIBUTIONS AND EXPENDI23 TURES.—Section 301 of such Act (52 U.S.C. 30101) is 

24 amended— 

25 (1) in paragraph (8)(B)— 


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1 (A) in clause (v), by striking ‘‘on broad2 casting stations, or in newspapers, magazines, or 

3 similar types of general public political adver4 tising’’ and inserting ‘‘in any public commu5 nication’’; 

6 (B) in clause (ix), by striking ‘‘broad7 casting, newspaper, magazine, billboard, direct 

8 mail, or similar type of general public commu9 nication or political advertising’’ and inserting 

10 ‘‘public communication’’; and 

11 (C) in clause (x), by striking ‘‘but not in12 cluding the use of broadcasting, newspapers, 

13 magazines, billboards, direct mail, or similar 

14 types of general public communication or polit15 ical advertising’’ and inserting ‘‘but not includ16 ing use in any public communication’’; and 

17 (2) in paragraph (9)(B)— 

18 (A) by amending clause (i) to read as fol19 lows: 

20 ‘‘(i) any news story, commentary, or 

21 editorial distributed through the facilities of 

22 any broadcasting station or any print, on23 line, or digital newspaper, magazine, blog, 

24 publication, or periodical, unless such 

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1 ties are owned or controlled by any political 

2 party, political committee, or candidate;’’; 

3 and 

4 (B) in clause (iv), by striking ‘‘on broad5 casting stations, or in newspapers, magazines, or 

6 similar types of general public political adver7 tising’’ and inserting ‘‘in any public commu8 nication’’. 

9 (c) DISCLOSURE AND DISCLAIMER STATEMENTS.— 

10 Subsection (a) of section 318 of such Act (52 U.S.C. 30120) 

11 is amended— 

12 (1) by striking ‘‘financing any communication 

13 through any broadcasting station, newspaper, maga14 zine, outdoor advertising facility, mailing, or any 

15 other type of general public political advertising’’ and 

16 inserting ‘‘financing any public communication’’; 

17 and 

18 (2) by striking ‘‘solicits any contribution through 

19 any broadcasting station, newspaper, magazine, out20 door advertising facility, mailing, or any other type 

21 of general public political advertising’’ and inserting 

22 ‘‘solicits any contribution through any public commu23 nication’’. 


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1 SEC. 4206. EXPANSION OF DEFINITION OF ELECTION2 EERING COMMUNICATION. 

3 (a) EXPANSION TO ONLINE COMMUNICATIONS.— 

4 (1) APPLICATION TO QUALIFIED INTERNET AND

5 DIGITAL COMMUNICATIONS.— 

6 (A) IN GENERAL.—Subparagraph (A) of 

7 section 304(f)(3) of the Federal Election Cam8 paign Act of 1971 (52 U.S.C. 30104(f)(3)(A)) is 

9 amended by striking ‘‘or satellite communica10 tion’’ each place it appears in clauses (i) and 

11 (ii) and inserting ‘‘satellite, or qualified internet 

12 or digital communication’’. 

13 (B) QUALIFIED INTERNET OR DIGITAL COM14 MUNICATION.—Paragraph (3) of section 304(f) of 

15 such Act (52 U.S.C. 30104(f)) is amended by 

16 adding at the end the following new subpara17 graph: 

18 ‘‘(D) QUALIFIED INTERNET OR DIGITAL

19 COMMUNICATION.—The term ‘qualified internet 

20 or digital communication’ means any commu21 nication which is placed or promoted for a fee on 

22 an online platform (as defined in subsection 

23 (j)(3)).’’. 

24 (2) NONAPPLICATION OF RELEVANT ELECTORATE

25 TO ONLINE COMMUNICATIONS.—Section 

26 304(f)(3)(A)(i)(III) of such Act (52 U.S.C. 


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1 30104(f)(3)(A)(i)(III)) is amended by inserting ‘‘any 

2 broadcast, cable, or satellite’’ before ‘‘communication’’. 

3 (3) NEWS EXEMPTION.—Section 304(f)(3)(B)(i) 

4 of such Act (52 U.S.C. 30104(f)(3)(B)(i)) is amended 

5 to read as follows: 

6 ‘‘(i) a communication appearing in a 

7 news story, commentary, or editorial dis8 tributed through the facilities of any broad9 casting station or any online or digital 

10 newspaper, magazine, blog, publication, or 

11 periodical, unless such broadcasting, online, 

12 or digital facilities are owned or controlled 

13 by any political party, political committee, 

14 or candidate;’’. 

15 (b) EFFECTIVE DATE.—The amendments made by this 

16 section shall apply with respect to communications made 

17 on or after January 1, 2020. 

18 SEC. 4207. APPLICATION OF DISCLAIMER STATEMENTS TO 

19 ONLINE COMMUNICATIONS. 

20 (a) CLEAR AND CONSPICUOUS MANNER REQUIRE21 MENT.—Subsection (a) of section 318 of the Federal Elec22 tion Campaign Act of 1971 (52 U.S.C. 30120(a)) is amend23 ed— 


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1 (1) by striking ‘‘shall clearly state’’ each place it 

2 appears in paragraphs (1), (2), and (3) and inserting 

3 ‘‘shall state in a clear and conspicuous manner’’; and 

4 (2) by adding at the end the following flush sen5 tence: ‘‘For purposes of this section, a communication 

6 does not make a statement in a clear and conspicuous 

7 manner if it is difficult to read or hear or if the 

8 placement is easily overlooked.’’. 

9 (b) SPECIAL RULES FOR QUALIFIED INTERNET OR

10 DIGITAL COMMUNICATIONS.— 

11 (1) IN GENERAL.—Section 318 of such Act (52 

12 U.S.C. 30120) is amended by adding at the end the 

13 following new subsection: 

14 ‘‘(e) SPECIAL RULES FOR QUALIFIED INTERNET OR

15 DIGITAL COMMUNICATIONS.— 

16 ‘‘(1) SPECIAL RULES WITH RESPECT TO STATE17 MENTS.—In the case of any qualified internet or dig18 ital communication (as defined in section 

19 304(f)(3)(D)) which is disseminated through a me20 dium in which the provision of all of the information 

21 specified in this section is not possible, the commu22 nication shall, in a clear and conspicuous manner— 

23 ‘‘(A) state the name of the person who paid 

24 for the communication; and 


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1 ‘‘(B) provide a means for the recipient of 

2 the communication to obtain the remainder of 

3 the information required under this section with 

4 minimal effort and without receiving or viewing 

5 any additional material other than such re6 quired information. 

7 ‘‘(2) SAFE HARBOR FOR DETERMINING CLEAR

8 AND CONSPICUOUS MANNER.—A statement in quali9 fied internet or digital communication (as defined in 

10 section 304(f)(3)(D)) shall be considered to be made 

11 in a clear and conspicuous manner as provided in 

12 subsection (a) if the communication meets the fol13 lowing requirements: 

14 ‘‘(A) TEXT OR GRAPHIC COMMUNICA15 TIONS.—In the case of a text or graphic commu16 nication, the statement— 

17 ‘‘(i) appears in letters at least as large 

18 as the majority of the text in the commu19 nication; and 

20 ‘‘(ii) meets the requirements of para21 graphs (2) and (3) of subsection (c). 

22 ‘‘(B) AUDIO COMMUNICATIONS.—In the case 

23 of an audio communication, the statement is 

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1 ner at the beginning or end of the communica2 tion and lasts at least 3 seconds. 

3 ‘‘(C) VIDEO COMMUNICATIONS.—In the case 

4 of a video communication which also includes 

5 audio, the statement— 

6 ‘‘(i) is included at either the beginning 

7 or the end of the communication; and 

8 ‘‘(ii) is made both in— 

9 ‘‘(I) a written format that meets 

10 the requirements of subparagraph (A) 

11 and appears for at least 4 seconds; and 

12 ‘‘(II) an audible format that 

13 meets the requirements of subpara14 graph (B). 

15 ‘‘(D) OTHER COMMUNICATIONS.—In the 

16 case of any other type of communication, the 

17 statement is at least as clear and conspicuous as 

18 the statement specified in subparagraph (A), (B), 

19 or (C).’’. 

20 (2) NONAPPLICATION OF CERTAIN EXCEP21 TIONS.—The exceptions provided in section 

22 110.11(f)(1)(i) and (ii) of title 11, Code of Federal 

23 Regulations, or any successor to such rules, shall have 

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1 nications (as defined in section 304(f)(3)(D) of the 

2 Federal Election Campaign Act of 1971). 

3 (c) MODIFICATION OF ADDITIONAL REQUIREMENTS

4 FOR CERTAIN COMMUNICATIONS.—Section 318(d) of such 

5 Act (52 U.S.C. 30120(d)) is amended— 

6 (1) in paragraph (1)(A)— 

7 (A) by striking ‘‘which is transmitted 

8 through radio’’ and inserting ‘‘which is in an 

9 audio format’’; and 

10 (B) by striking ‘‘BY RADIO’’ in the heading 

11 and inserting ‘‘AUDIO FORMAT’’; 

12 (2) in paragraph (1)(B)— 

13 (A) by striking ‘‘which is transmitted 

14 through television’’ and inserting ‘‘which is in 

15 video format’’; and 

16 (B) by striking ‘‘BY TELEVISION’’ in the 

17 heading and inserting ‘‘VIDEO FORMAT’’; and 

18 (3) in paragraph (2)— 

19 (A) by striking ‘‘transmitted through radio 

20 or television’’ and inserting ‘‘made in audio or 

21 video format’’; and 

22 (B) by striking ‘‘through television’’ in the 

23 second sentence and inserting ‘‘in video format’’. 


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1 SEC. 4208. POLITICAL RECORD REQUIREMENTS FOR ON2 LINE PLATFORMS. 

3 (a) IN GENERAL.—Section 304 of the Federal Election 

4 Campaign Act of 1971 (52 U.S.C. 30104) is amended by 

5 adding at the end the following new subsection: 

6 ‘‘(j) DISCLOSURE OF CERTAIN ONLINE ADVERTISE7 MENTS.— 

8 ‘‘(1) IN GENERAL.— 

9 ‘‘(A) REQUIREMENTS FOR ONLINE PLAT10 FORMS.—An online platform shall maintain, 

11 and make available for online public inspection 

12 in machine readable format, a complete record of 

13 any request to purchase on such online platform 

14 a qualified political advertisement which is 

15 made by a person whose aggregate requests to 

16 purchase qualified political advertisements on 

17 such online platform during the calendar year 

18 exceeds $500. 

19 ‘‘(B) REQUIREMENTS FOR ADVERTISERS.— 

20 Any person who requests to purchase a qualified 

21 political advertisement on an online platform 

22 shall provide the online platform with such in23 formation as is necessary for the online platform 

24 to comply with the requirements of subparagraph 

25 (A). 


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1 ‘‘(2) CONTENTS OF RECORD.—A record main2 tained under paragraph (1)(A) shall contain— 

3 ‘‘(A) a digital copy of the qualified political 

4 advertisement; 

5 ‘‘(B) a description of the audience targeted 

6 by the advertisement, the number of views gen7 erated from the advertisement, and the date and 

8 time that the advertisement is first displayed 

9 and last displayed; and 

10 ‘‘(C) information regarding— 

11 ‘‘(i) the average rate charged for the 

12 advertisement; 

13 ‘‘(ii) the name of the candidate to 

14 which the advertisement refers and the office 

15 to which the candidate is seeking election, 

16 the election to which the advertisement re17 fers, or the national legislative issue to 

18 which the advertisement refers (as applica19 ble); 

20 ‘‘(iii) in the case of a request made by, 

21 or on behalf of, a candidate, the name of the 

22 candidate, the authorized committee of the 

23 candidate, and the treasurer of such com24 mittee; and 


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1 ‘‘(iv) in the case of any request not de2 scribed in clause (iii), the name of the per3 son purchasing the advertisement, the name 

4 and address of a contact person for such 

5 person, and a list of the chief executive offi6 cers or members of the executive committee 

7 or of the board of directors of such person. 

8 ‘‘(3) ONLINE PLATFORM.—For purposes of this 

9 subsection, the term ‘online platform’ means any pub10 lic-facing website, web application, or digital applica11 tion (including a social network, ad network, or 

12 search engine) which— 

13 ‘‘(A) sells qualified political advertisements; 

14 and 

15 ‘‘(B) has 50,000,000 or more unique month16 ly United States visitors or users for a majority 

17 of months during the preceding 12 months. 

18 ‘‘(4) QUALIFIED POLITICAL ADVERTISEMENT.— 

19 For purposes of this subsection, the term ‘qualified 

20 political advertisement’ means any advertisement (in21 cluding search engine marketing, display advertise22 ments, video advertisements, native advertisements, 

23 and sponsorships) that— 

24 ‘‘(A) is made by or on behalf of a candidate; 

25 or 


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1 ‘‘(B) communicates a message relating to 

2 any political matter of national importance, in3 cluding— 

4 ‘‘(i) a candidate; 

5 ‘‘(ii) any election to Federal office; or 

6 ‘‘(iii) a national legislative issue of 

7 public importance. 

8 ‘‘(5) TIME TO MAINTAIN FILE.—The information 

9 required under this subsection shall be made available 

10 as soon as possible and shall be retained by the online 

11 platform for a period of not less than 4 years. 

12 ‘‘(6) SAFE HARBOR FOR PLATFORMS MAKING

13 BEST EFFORTS TO IDENTIFY REQUESTS WHICH ARE

14 SUBJECT TO RECORD MAINTENANCE REQUIRE15 MENTS.—In accordance with rules established by the 

16 Commission, if an online platform shows that the 

17 platform used best efforts to determine whether or not 

18 a request to purchase a qualified political advertise19 ment was subject to the requirements of this sub20 section, the online platform shall not be considered to 

21 be in violation of such requirements. 

22 ‘‘(7) PENALTIES.—For penalties for failure by 

23 online platforms, and persons requesting to purchase 

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1 forms, to comply with the requirements of this sub2 section, see section 309.’’. 

3 (b) RULEMAKING.—Not later than 120 days after the 

4 date of the enactment of this Act, the Federal Election Com5 mission shall establish rules— 

6 (1) requiring common data formats for the 

7 record required to be maintained under section 304(j) 

8 of the Federal Election Campaign Act of 1971 (as 

9 added by subsection (a)) so that all online platforms 

10 submit and maintain data online in a common, ma11 chine-readable and publicly accessible format; and 

12 (2) establishing search interface requirements re13 lating to such record, including searches by candidate 

14 name, issue, purchaser, and date; and 

15 (3) establishing the criteria for the safe harbor 

16 exception provided under paragraph (6) of section 

17 304(j) of such Act (as added by subsection (a)). 

18 (c) REPORTING.—Not later than 2 years after the date 

19 of the enactment of this Act, and biannually thereafter, the 

20 Chairman of the Federal Election Commission shall submit 

21 a report to Congress on— 

22 (1) matters relating to compliance with and the 

23 enforcement of the requirements of section 304(j) of 

24 the Federal Election Campaign Act of 1971, as added 

25 by subsection (a); 


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1 (2) recommendations for any modifications to 

2 such section to assist in carrying out its purposes; 

3 and 

4 (3) identifying ways to bring transparency and 

5 accountability to political advertisements distributed 

6 online for free. 

7 SEC. 4209. PREVENTING CONTRIBUTIONS, EXPENDITURES, 

8 INDEPENDENT EXPENDITURES, AND DIS9 BURSEMENTS FOR ELECTIONEERING COMMU10 NICATIONS BY FOREIGN NATIONALS IN THE 

11 FORM OF ONLINE ADVERTISING. 

12 Section 319 of the Federal Election Campaign Act of 

13 1971 (52 U.S.C. 30121), as amended by section 4101(a)(2) 

14 and section 4101(b), is further amended by adding at the 

15 end the following new subsection: 

16 ‘‘(e) RESPONSIBILITIES OF BROADCAST STATIONS, 

17 PROVIDERS OF CABLE AND SATELLITE TELEVISION, AND

18 ONLINE PLATFORMS.—Each television or radio broadcast 

19 station, provider of cable or satellite television, or online 

20 platform (as defined in section 304(j)(3)) shall make rea21 sonable efforts to ensure that communications described in 

22 section 318(a) and made available by such station, pro23 vider, or platform are not purchased by a foreign national, 

24 directly or indirectly.’’. 


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1 Subtitle D—Stand By Every Ad 

2 SEC. 4301. SHORT TITLE. 

3 This Act may be cited as the ‘‘Stand By Every Ad 

4 Act’’. 

5 SEC. 4302. STAND BY EVERY AD. 

6 (a) EXPANDED DISCLAIMER REQUIREMENTS FOR

7 CERTAIN COMMUNICATIONS.—Section 318 of the Federal 

8 Election Campaign Act of 1971 (52 U.S.C. 30120), as 

9 amended by section 4207(b)(1), is further amended— 

10 (1) by redesignating subsection (e) as subsection 

11 (f); and 

12 (2) by inserting after subsection (d) the following 

13 new subsection: 

14 ‘‘(e) EXPANDED DISCLAIMER REQUIREMENTS FOR

15 COMMUNICATIONS NOT AUTHORIZED BY CANDIDATES OR

16 COMMITTEES.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (6), any communication described in para19 graph (3) of subsection (a) which is transmitted in an 

20 audio or video format (including an Internet or dig21 ital communication), or which is an Internet or dig22 ital communication transmitted in a text or graphic 

23 format, shall include, in addition to the requirements 

24 of paragraph (3) of subsection (a), the following: 


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1 ‘‘(A) The individual disclosure statement 

2 described in paragraph (2)(A) (if the person 

3 paying for the communication is an individual) 

4 or the organizational disclosure statement de5 scribed in paragraph (2)(B) (if the person pay6 ing for the communication is not an individual). 

7 ‘‘(B) If the communication is transmitted 

8 in a video format, or is an Internet or digital 

9 communication which is transmitted in a text or 

10 graphic format, and is paid for in whole or in 

11 part with a payment which is treated as a cam12 paign-related disbursement under section 324— 

13 ‘‘(i) the Top Five Funders list (if ap14 plicable); or 

15 ‘‘(ii) in the case of a communication 

16 which, as determined on the basis of criteria 

17 established in regulations issued by the 

18 Commission, is of such short duration that 

19 including the Top Five Funders list in the 

20 communication would constitute a hardship 

21 to the person paying for the communication 

22 by requiring a disproportionate amount of 

23 the content of the communication to consist 

24 of the Top Five Funders list, the name of a 

25 website which contains the Top Five 


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1 Funders list (if applicable) or, in the case 

2 of an Internet or digital communication, a 

3 hyperlink to such website. 

4 ‘‘(C) If the communication is transmitted 

5 in an audio format and is paid for in whole or 

6 in part with a payment which is treated as a 

7 campaign-related disbursement under section 

8 324— 

9 ‘‘(i) the Top Two Funders list (if ap10 plicable); or 

11 ‘‘(ii) in the case of a communication 

12 which, as determined on the basis of criteria 

13 established in regulations issued by the 

14 Commission, is of such short duration that 

15 including the Top Two Funders list in the 

16 communication would constitute a hardship 

17 to the person paying for the communication 

18 by requiring a disproportionate amount of 

19 the content of the communication to consist 

20 of the Top Two Funders list, the name of a 

21 website which contains the Top Two 

22 Funders list (if applicable). 

23 ‘‘(2) DISCLOSURE STATEMENTS DESCRIBED.— 

24 ‘‘(A) INDIVIDUAL DISCLOSURE STATE25 MENTS.—The individual disclosure statement deVerDate Sep 11 2014 01:44 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00272 Fmt 6652 Sfmt 6203 E:\BILLS\H1.RH H1

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1 scribed in this subparagraph is the following: ‘I 

2 am llllllll, and I approve this mes3 sage.’, with the blank filled in with the name of 

4 the applicable individual. 

5 ‘‘(B) ORGANIZATIONAL DISCLOSURE STATE6 MENTS.—The organizational disclosure statement 

7 described in this subparagraph is the following: 

8 ‘I am llllllll, the 

9 llllllll of llllllll, and 

10 llllllll approves this message.’, 

11 with— 

12 ‘‘(i) the first blank to be filled in with 

13 the name of the applicable individual; 

14 ‘‘(ii) the second blank to be filled in 

15 with the title of the applicable individual; 

16 and 

17 ‘‘(iii) the third and fourth blank each 

18 to be filled in with the name of the organi19 zation or other person paying for the com20 munication. 

21 ‘‘(3) METHOD OF CONVEYANCE OF STATE22 MENT.— 

23 ‘‘(A) COMMUNICATIONS IN TEXT OR GRAPH24 IC FORMAT.—In the case of a communication to 

25 which this subsection applies which is transVerDate Sep 11 2014 01:44 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00273 Fmt 6652 Sfmt 6203 E:\BILLS\H1.RH H1

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1 mitted in a text or graphic format, the disclosure 

2 statements required under paragraph (1) shall 

3 appear in letters at least as large as the majority 

4 of the text in the communication. 

5 ‘‘(B) COMMUNICATIONS TRANSMITTED IN

6 AUDIO FORMAT.—In the case of a communica7 tion to which this subsection applies which is 

8 transmitted in an audio format, the disclosure 

9 statements required under paragraph (1) shall be 

10 made by audio by the applicable individual in 

11 a clear and conspicuous manner. 

12 ‘‘(C) COMMUNICATIONS TRANSMITTED IN

13 VIDEO FORMAT.—In the case of a communication 

14 to which this subsection applies which is trans15 mitted in a video format, the information re16 quired under paragraph (1)— 

17 ‘‘(i) shall appear in writing at the end 

18 of the communication or in a crawl along 

19 the bottom of the communication in a clear 

20 and conspicuous manner, with a reasonable 

21 degree of color contrast between the back22 ground and the printed statement, for a pe23 riod of at least 6 seconds; and 

24 ‘‘(ii) shall also be conveyed by an 

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1 ble individual or by the applicable indi2 vidual making the statement in voice-over 

3 accompanied by a clearly identifiable photo4 graph or similar image of the individual, 

5 except in the case of a Top Five Funders 

6 list. 

7 ‘‘(4) APPLICABLE INDIVIDUAL DEFINED.—The 

8 term ‘applicable individual’ means, with respect to a 

9 communication to which this subsection applies— 

10 ‘‘(A) if the communication is paid for by an 

11 individual, the individual involved; 

12 ‘‘(B) if the communication is paid for by a 

13 corporation, the chief executive officer of the cor14 poration (or, if the corporation does not have a 

15 chief executive officer, the highest ranking official 

16 of the corporation); 

17 ‘‘(C) if the communication is paid for by a 

18 labor organization, the highest ranking officer of 

19 the labor organization; and 

20 ‘‘(D) if the communication is paid for by 

21 any other person, the highest ranking official of 

22 such person. 

23 ‘‘(5) TOP FIVE FUNDERS LIST AND TOP TWO

24 FUNDERS LIST DEFINED.— 


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1 ‘‘(A) TOP FIVE FUNDERS LIST.—The term 

2 ‘Top Five Funders list’ means, with respect to a 

3 communication which is paid for in whole or in 

4 part with a campaign-related disbursement (as 

5 defined in section 324), a list of the five persons 

6 who, during the 12-month period ending on the 

7 date of the disbursement, provided the largest 

8 payments of any type in an aggregate amount 

9 equal to or exceeding $10,000 to the person who 

10 is paying for the communication and the 

11 amount of the payments each such person pro12 vided. If two or more people provided the fifth 

13 largest of such payments, the person paying for 

14 the communication shall select one of those per15 sons to be included on the Top Five Funders list. 

16 ‘‘(B) TOP TWO FUNDERS LIST.—The term 

17 ‘Top Two Funders list’ means, with respect to a 

18 communication which is paid for in whole or in 

19 part with a campaign-related disbursement (as 

20 defined in section 324), a list of the persons who, 

21 during the 12-month period ending on the date 

22 of the disbursement, provided the largest and the 

23 second largest payments of any type in an aggre24 gate amount equal to or exceeding $10,000 to the 

25 person who is paying for the communication and 


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1 the amount of the payments each such person 

2 provided. If two or more persons provided the 

3 second largest of such payments, the person pay4 ing for the communication shall select one of 

5 those persons to be included on the Top Two 

6 Funders list. 

7 ‘‘(C) EXCLUSION OF CERTAIN PAYMENTS.— 

8 For purposes of subparagraphs (A) and (B), in 

9 determining the amount of payments made by a 

10 person to a person paying for a communication, 

11 there shall be excluded the following: 

12 ‘‘(i) Any amounts provided in the or13 dinary course of any trade or business con14 ducted by the person paying for the commu15 nication or in the form of investments in 

16 the person paying for the communication. 

17 ‘‘(ii) Any payment which the person 

18 prohibited, in writing, from being used for 

19 campaign-related disbursements, but only if 

20 the person paying for the communication 

21 agreed to follow the prohibition and depos22 ited the payment in an account which is 

23 segregated from any account used to make 

24 campaign-related disbursements. 


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1 ‘‘(6) SPECIAL RULES FOR CERTAIN COMMUNICA2 TIONS.— 

3 ‘‘(A) EXCEPTION FOR COMMUNICATIONS

4 PAID FOR BY POLITICAL PARTIES AND CERTAIN

5 POLITICAL COMMITTEES.—This subsection does 

6 not apply to any communication to which sub7 section (d)(2) applies. 

8 ‘‘(B) TREATMENT OF VIDEO COMMUNICA9 TIONS LASTING 10 SECONDS OR LESS.—In the 

10 case of a communication to which this subsection 

11 applies which is transmitted in a video format, 

12 or is an Internet or digital communication 

13 which is transmitted in a text or graphic format, 

14 the communication shall meet the following re15 quirements: 

16 ‘‘(i) The communication shall include 

17 the individual disclosure statement de18 scribed in paragraph (2)(A) (if the person 

19 paying for the communication is an indi20 vidual) or the organizational disclosure 

21 statement described in paragraph (2)(B) (if 

22 the person paying for the communication is 

23 not an individual). 

24 ‘‘(ii) The statement described in clause 

25 (i) shall appear in writing at the end of the 


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1 communication, or in a crawl along the bot2 tom of the communication, in a clear and 

3 conspicuous manner, with a reasonable de4 gree of color contrast between the back5 ground and the printed statement, for a pe6 riod of at least 4 seconds. 

7 ‘‘(iii) The communication shall in8 clude, in a clear and conspicuous manner, 

9 a website address with a landing page 

10 which will provide all of the information 

11 described in paragraph (1) with respect to 

12 the communication. Such address shall ap13 pear for the full duration of the communica14 tion. 

15 ‘‘(iv) To the extent that the format in 

16 which the communication is made permits 

17 the use of a hyperlink, the communication 

18 shall include a hyperlink to the website ad19 dress described in clause (iii).’’. 

20 (b) APPLICATION OF EXPANDED REQUIREMENTS TO

21 PUBLIC COMMUNICATIONS CONSISTING OF CAMPAIGN-RE22 LATED DISBURSEMENTS.—Section 318(a) of such Act (52 

23 U.S.C. 30120(a)) is amended by striking ‘‘for the purpose 

24 of financing communications expressly advocating the elec25 tion or defeat of a clearly identified candidate’’ and insertVerDate Sep 11 2014 01:44 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00279 Fmt 6652 Sfmt 6203 E:\BILLS\H1.RH H1

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1 ing ‘‘for a campaign-related disbursement, as defined in 

2 section 324, consisting of a public communication’’. 

3 (c) EXCEPTION FOR COMMUNICATIONS PAID FOR BY

4 POLITICAL PARTIES AND CERTAIN POLITICAL COMMIT5 TEES.—Section 318(d)(2) of such Act (52 U.S.C. 

6 30120(d)(2)) is amended— 

7 (1) in the heading, by striking ‘‘OTHERS’’ and 

8 inserting ‘‘CERTAIN POLITICAL COMMITTEES’’; 

9 (2) by striking ‘‘Any communication’’ and in10 serting ‘‘(A) Any communication’’; 

11 (3) by inserting ‘‘which (except to the extent pro12 vided in subparagraph (B)) is paid for by a political 

13 committee (including a political committee of a polit14 ical party) and’’ after ‘‘subsection (a)’’; 

15 (4) by striking ‘‘or other person’’ each place it 

16 appears; and 

17 (5) by adding at the end the following new sub18 paragraph: 

19 ‘‘(B)(i) This paragraph does not apply to a com20 munication paid for in whole or in part during a 

21 calendar year with a campaign-related disbursement, 

22 but only if the covered organization making the cam23 paign-related disbursement made campaign-related 

24 disbursements (as defined in section 324) aggregating 

25 more than $10,000 during such calendar year. 


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1 ‘‘(ii) For purposes of clause (i), in determining 

2 the amount of campaign-related disbursements made 

3 by a covered organization during a year, there shall 

4 be excluded the following: 

5 ‘‘(I) Any amounts received by the covered 

6 organization in the ordinary course of any trade 

7 or business conducted by the covered organiza8 tion or in the form of investments in the covered 

9 organization. 

10 ‘‘(II) Any amounts received by the covered 

11 organization from a person who prohibited, in 

12 writing, the organization from using such 

13 amounts for campaign-related disbursements, but 

14 only if the covered organization agreed to follow 

15 the prohibition and deposited the amounts in an 

16 account which is segregated from any account 

17 used to make campaign-related disbursements.’’. 

18 SEC. 4303. DISCLAIMER REQUIREMENTS FOR COMMUNICA19 TIONS MADE THROUGH PRERECORDED TELE20 PHONE CALLS. 

21 (a) APPLICATION OF REQUIREMENTS.— 

22 (1) IN GENERAL.—Section 318(a) of the Federal 

23 Election Campaign Act of 1971 (52 U.S.C. 30120(a)), 

24 as amended by section 4205(c), is amended by insert25 ing after ‘‘public communication’’ each place it apVerDate Sep 11 2014 01:44 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00281 Fmt 6652 Sfmt 6203 E:\BILLS\H1.RH H1

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1 pears the following: ‘‘(including a telephone call con2 sisting in substantial part of a prerecorded audio 

3 message)’’. 

4 (2) APPLICATION TO COMMUNICATIONS SUBJECT

5 TO EXPANDED DISCLAIMER REQUIREMENTS.—Section 

6 318(e)(1) of such Act (52 U.S.C. 30120(e)(1)), as 

7 added by section 4302(a), is amended in the matter 

8 preceding subparagraph (A) by striking ‘‘which is 

9 transmitted in an audio or video format’’ and insert10 ing ‘‘which is transmitted in an audio or video for11 mat or which consists of a telephone call consisting in 

12 substantial part of a prerecorded audio message’’. 

13 (b) TREATMENT AS COMMUNICATION TRANSMITTED IN

14 AUDIO FORMAT.— 

15 (1) COMMUNICATIONS BY CANDIDATES OR AU16 THORIZED PERSONS.—Section 318(d) of such Act (52 

17 U.S.C. 30120(d)) is amended by adding at the end 

18 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 telephone 

23 call consisting in substantial part of a prerecorded 

24 audio message shall include, in addition to the re25 quirements of such paragraph, the audio statement reVerDate Sep 11 2014 01:44 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00282 Fmt 6652 Sfmt 6203 E:\BILLS\H1.RH H1

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1 quired under subparagraph (A) of paragraph (1) or 

2 the audio statement required under paragraph (2) 

3 (whichever is applicable), except that the statement 

4 shall be made at the beginning of the telephone call.’’. 

5 (2) COMMUNICATIONS SUBJECT TO EXPANDED

6 DISCLAIMER REQUIREMENTS.—Section 318(e)(3) of 

7 such Act (52 U.S.C. 30120(e)(3)), as added by section 

8 4302(a), is amended by adding at the end the fol9 lowing new subparagraph: 

10 ‘‘(D) PRERECORDED TELEPHONE CALLS.— 

11 In the case of a communication to which this 

12 subsection applies which is a telephone call con13 sisting in substantial part of a prerecorded 

14 audio message, the communication shall be con15 sidered to be transmitted in an audio format.’’. 

16 SEC. 4304. NO EXPANSION OF PERSONS SUBJECT TO DIS17 CLAIMER REQUIREMENTS ON INTERNET COM18 MUNICATIONS. 

19 Nothing in this subtitle or the amendments made by 

20 this subtitle may be construed to require any person who 

21 is not required under section 318 of the Federal Election 

22 Campaign Act of 1971 (as provided under section 110.11 

23 of title 11 of the Code of Federal Regulations) to include 

24 a disclaimer on communications made by the person 


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1 through the internet to include any disclaimer on any such 

2 communications. 

3 SEC. 4305. EFFECTIVE DATE. 

4 The amendments made by this subtitle shall apply 

5 with respect to communications made on or after January 

6 1, 2020, and shall take effect without regard to whether or 

7 not the Federal Election Commission has promulgated regu8 lations to carry out such amendments. 

9 Subtitle E—[Reserved] 

10 Subtitle F—[Reserved] 

11 Subtitle G—[Reserved] 

12 Subtitle H—Limitation and Disclo13 sure Requirements for Presi14 dential Inaugural Committees 

15 SEC. 4701. SHORT TITLE. 

16 This subtitle may be cited as the ‘‘Presidential Inau17 gural Committee Oversight Act’’. 

18 SEC. 4702. LIMITATIONS AND DISCLOSURE OF CERTAIN DO19 NATIONS TO, AND DISBURSEMENTS BY, INAU20 GURAL COMMITTEES. 

21 (a) REQUIREMENTS FOR INAUGURAL COMMITTEES.— 

22 Title III of the Federal Election Campaign Act of 1971 (52 

23 U.S.C. 30101 et seq.) is amended by adding at the end the 

24 following new section: 


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1 ‘‘SEC. 325. INAUGURAL COMMITTEES. 

2 ‘‘(a) PROHIBITED DONATIONS.— 

3 ‘‘(1) IN GENERAL.—It shall be unlawful— 

4 ‘‘(A) for an Inaugural Committee— 

5 ‘‘(i) to solicit, accept, or receive a do6 nation from a person that is not an indi7 vidual; or 

8 ‘‘(ii) to solicit, accept, or receive a do9 nation from a foreign national; 

10 ‘‘(B) for a person— 

11 ‘‘(i) to make a donation to an Inau12 gural Committee in the name of another 

13 person, or to knowingly authorize his or her 

14 name to be used to effect such a donation; 

15 ‘‘(ii) to knowingly accept a donation to 

16 an Inaugural Committee made by a person 

17 in the name of another person; or 

18 ‘‘(iii) to convert a donation to an In19 augural Committee to personal use as de20 scribed in paragraph (2); and 

21 ‘‘(C) for a foreign national to, directly or 

22 indirectly, make a donation, or make an express 

23 or implied promise to make a donation, to an 

24 Inaugural Committee. 

25 ‘‘(2) CONVERSION OF DONATION TO PERSONAL

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1 tion shall be considered to be converted to personal 

2 use if any part of the donated amount is used to ful3 fill a commitment, obligation, or expense of a person 

4 that would exist irrespective of the responsibilities of 

5 the Inaugural Committee under chapter 5 of title 36, 

6 United States Code. 

7 ‘‘(3) NO EFFECT ON DISBURSEMENT OF UNUSED

8 FUNDS TO NONPROFIT ORGANIZATIONS.—Nothing in 

9 this subsection may be construed to prohibit an Inau10 gural Committee from disbursing unused funds to an 

11 organization which is described in section 501(c)(3) of 

12 the Internal Revenue Code of 1986 and is exempt 

13 from taxation under section 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 Presi19 dential election year (beginning with 2024), the 

20 amount described in paragraph (1) shall be increased 

21 by the cumulative percent difference determined in 

22 section 315(c)(1)(A) since the previous Presidential 

23 election year. If any amount after such increase is not 

24 a multiple of $1,000, such amount shall be rounded 

25 to the nearest multiple of $1,000. 


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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 filed 

11 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 file 

20 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 $200— 

25 ‘‘(i) the amount of the donation; 


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1 ‘‘(ii) the date the donation is received; 

2 and 

3 ‘‘(iii) the name and address of the in4 dividual making the donation. 

5 ‘‘(B) The total amount of all disbursements, 

6 and all disbursements in the following categories: 

7 ‘‘(i) Disbursements made to meet com8 mittee operating expenses. 

9 ‘‘(ii) Repayment of all loans. 

10 ‘‘(iii) Donation refunds and other off11 sets to donations. 

12 ‘‘(iv) Any other disbursements. 

13 ‘‘(C) The name and address of each per14 son— 

15 ‘‘(i) to whom a disbursement in an ag16 gregate amount or value in excess of $200 

17 is made by the committee to meet a com18 mittee operating expense, together with date, 

19 amount, and purpose of such operating ex20 pense; 

21 ‘‘(ii) who receives a loan repayment 

22 from the committee, together with the date 

23 and amount of such loan repayment; 

24 ‘‘(iii) who receives a donation refund 

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1 mittee, together with the date and amount 

2 of such disbursement; and 

3 ‘‘(iv) to whom any other disbursement 

4 in an aggregate amount or value in excess 

5 of $200 is made by the committee, together 

6 with the date and amount of such disburse7 ment. 

8 ‘‘(d) DEFINITIONS.—For purposes of this section: 

9 ‘‘(1)(A) The term ‘donation’ includes— 

10 ‘‘(i) any gift, subscription, loan, ad11 vance, or deposit of money or anything of 

12 value made by any person to the committee; 

13 or 

14 ‘‘(ii) the payment by any person of 

15 compensation for the personal services of 

16 another person which are rendered to the 

17 committee without charge for any purpose. 

18 ‘‘(B) The term ‘donation’ does not include 

19 the value of services provided without compensa20 tion by any individual who volunteers on behalf 

21 of the committee. 

22 ‘‘(2) The term ‘foreign national’ has the meaning 

23 given that term by section 319(b). 


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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 REPORT5 ING REQUIREMENTS.—Section 304 of the Federal Election 

6 Campaign Act of 1971 (52 U.S.C. 30104) is amended— 

7 (1) by striking subsection (h); and 

8 (2) by redesignating subsection (i) as subsection 

9 (h). 

10 (c) CONFORMING AMENDMENT RELATED TO STATUS

11 OF COMMITTEE.—Section 510 of title 36, United States 

12 Code, is amended to read as follows: 

13 ‘‘§ 510. Disclosure of and prohibition on certain dona14 tions 

15 ‘‘A committee shall not be considered to be the Inau16 gural Committee for purposes of this chapter unless the 

17 committee agrees to, and meets, the requirements of section 

18 325 of the Federal Election Campaign Act of 1971.’’. 

19 (d) EFFECTIVE DATE.—The amendments made by this 

20 Act shall apply with respect to Inaugural Committees estab21 lished under chapter 5 of title 36, United States Code, for 

22 inaugurations held in 2021 and any succeeding year. 


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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 af9 fected 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. 

‘‘Sec. 512. Qualifying requirements. 


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‘‘Sec. 513. Certification. 

‘‘Subtitle C—Requirements for Candidates Certified as Participating 

Candidates 

‘‘Sec. 521. Contribution and expenditure requirements. 

‘‘Sec. 522. Administration of campaign. 

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

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

‘‘Subtitle D—Enhanced Match Support 

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

‘‘Sec. 532. Eligibility. 

‘‘Sec. 533. Amount. 

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

‘‘Subtitle E—Administrative Provisions 

‘‘Sec. 541. Freedom From Influence Fund. 

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

‘‘Sec. 543. Administration by Commission. 

‘‘Sec. 544. Violations and penalties. 

‘‘Sec. 545. Appeals process. 

‘‘Sec. 546. Indexing of amounts. 

‘‘Sec. 547. Election cycle defined. 

Sec. 5112. Contributions and expenditures by multicandidate and political party 

committees on behalf of participating candidates. 

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

Sec. 5114. Effective date. 

Subtitle C—Presidential Elections 

Sec. 5200. Short title. 

PART 1—PRIMARY ELECTIONS

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

Sec. 5202. Eligibility requirements for matching payments. 

Sec. 5203. Repeal of expenditure limitations. 

Sec. 5204. Period of availability of matching payments. 

Sec. 5205. Examination and audits of matchable contributions. 

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

candidates. 

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

PART 2—GENERAL ELECTIONS

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

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

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

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

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

Sec. 5216. Amounts in Presidential Election Campaign Fund. 


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

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

PART 3—EFFECTIVE DATE

Sec. 5221. Effective date. 

Subtitle D—Personal Use Services as Authorized Campaign Expenditures 

Sec. 5301. Short title; findings; purpose. 

Sec. 5302. Treatment of payments for child care and other personal use services 

as authorized campaign expenditure. 

Subtitle E—Severability 

Sec. 5401. 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 rights 

8 and responsibilities as citizens to vote, be represented, 

9 speak, debate, and participate in self-government on 

10 equal terms regardless of wealth. To secure these 

11 rights and responsibilities, our Constitution not only 

12 protects the equal rights of all Americans but also 

13 provides checks and balances to prevent corruption 

14 and prevent concentrated power and wealth from un15 dermining effective self-government. 

16 (2) The Supreme Court’s decisions in Citizens 

17 United v. Federal Election Commission, 558 U.S. 310 

18 (2010) and McCutcheon v. FEC, 572 U.S. 185 (2014), 


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1 as well as other court decisions, erroneously invali2 dated even-handed rules about the spending of money 

3 in local, State, and Federal elections. These flawed de4 cisions have empowered large corporations, extremely 

5 wealthy individuals, and special interests to dominate 

6 election spending, corrupt our politics, and degrade 

7 our democracy through tidal waves of unlimited and 

8 anonymous spending. These decisions also stand in 

9 contrast to a long history of efforts by Congress and 

10 the States to regulate money in politics to protect de11 mocracy, and they illustrate a troubling deregulatory 

12 trend in campaign finance-related court decisions. 

13 Additionally, an unknown amount of foreign money 

14 continues to be spent in our political system as sub15 sidiaries of foreign-based corporations and hostile for16 eign actors sometimes connected to nation-States work 

17 to influence our elections. 

18 (3) The Supreme Court’s misinterpretation of the 

19 Constitution to empower monied interests at the ex20 pense of the American people in elections has seri21 ously eroded over 100 years of congressional action to 

22 promote fairness and protect elections from the toxic 

23 influence of money. 

24 (4) In 1907, Congress passed the Tillman Act in 

25 response to the concentration of corporate power in 


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1 the post-Civil War Gilded Age. The Act prohibited 

2 corporations from making contributions in connection 

3 with Federal elections, aiming ‘‘not merely to prevent 

4 the subversion of the integrity of the electoral process 

5 [but] . . . to sustain the active, alert responsibility of 

6 the individual citizen in a democracy for the wise 

7 conduct of government’’. 

8 (5) By 1910, Congress began passing disclosure 

9 requirements and campaign expenditure limits, and 

10 dozens of States passed corrupt practices Acts to pro11 hibit corporate spending in elections. States also en12 acted campaign spending limits, and some States 

13 limited the amount that people could contribute to 

14 campaigns. 

15 (6) In 1947, the Taft-Hartley Act prohibited cor16 porations and unions from making campaign con17 tributions or other expenditures to influence elections. 

18 In 1962, a Presidential commission on election spend19 ing recommended spending limits and incentives to 

20 increase small contributions from more people. 

21 (7) The Federal Election Campaign Act of 1971 

22 (FECA), as amended in 1974, required disclosure of 

23 contributions and expenditures, imposed contribution 

24 and expenditure limits for individuals and groups, 

25 set spending limits for campaigns, candidates, and 


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1 groups, implemented a public funding system for 

2 Presidential campaigns, and created the Federal Elec3 tion Commission to oversee and enforce the new rules. 

4 (8) In the wake of Citizens United and other 

5 damaging Federal court decisions, Americans have 

6 witnessed an explosion of outside spending in elec7 tions. Outside spending increased nearly 900 percent 

8 between the 2008 and 2016 Presidential election 

9 years. Indeed, the 2018 elections once again made 

10 clear the overwhelming political power of wealthy spe11 cial interests, to the tune of over $5,000,000,000. And 

12 as political entities adapt to a post- Citizens United, 

13 post-McCutcheon landscape, these trends are getting 

14 worse, as evidenced by the experience in the 2018 

15 midterm congressional elections, where outside spend16 ing more than doubled from the previous midterm 

17 cycle. 

18 (9) The torrent of money flowing into our polit19 ical system has a profound effect on the democratic 

20 process for everyday Americans, whose voices and pol21 icy preferences are increasingly being drowned out by 

22 those of wealthy special interests. The more campaign 

23 cash from wealthy special interests can flood our elec24 tions, the more policies that favor those interests are 

25 reflected in the national political agenda. When it 


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1 comes to policy preferences, our Nation’s wealthiest 

2 tend to have fundamentally different views than do 

3 average Americans when it comes to issues ranging 

4 from unemployment benefits to the minimum wage to 

5 health care coverage. 

6 (10) The Court has tied the hands of Congress 

7 and the States, severely restricting them from setting 

8 reasonable limits on campaign spending. For exam9 ple, the Court has held that only the Government’s in10 terest in preventing quid pro quo corruption, like 

11 bribery, or the appearance of such corruption, can 

12 justify limits on campaign contributions. More broad13 ly, the Court has severely curtailed attempts to reduce 

14 the ability of the Nation’s wealthiest and most power15 ful to skew our democracy in their favor by buying 

16 outsized influence in our elections. Because this dis17 tortion of the Constitution has prevented truly mean18 ingful regulation or reform of the way we finance 

19 elections in America, a constitutional amendment is 

20 needed to achieve a democracy for all the people. 

21 (11) Since the landmark Citizens United deci22 sion, 19 States and nearly 800 municipalities, in23 cluding large cities like New York, Los Angeles, Chi24 cago, and Philadelphia, have gone on record sup25 porting a constitutional amendment. Transcending 


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1 political leanings and geographic location, voters in 

2 States and municipalities across the country that 

3 have placed amendment questions on the ballot have 

4 routinely supported these initiatives by considerably 

5 large margins. 

6 (12) At the same time millions of Americans 

7 have signed petitions, marched, called their Members 

8 of Congress, written letters to the editor, and other9 wise demonstrated their public support for a constitu10 tional amendment to overturn Citizens United that 

11 will allow Congress to reign in the outsized influence 

12 of unchecked money in politics. Dozens of organiza13 tions, representing tens of millions of individuals, 

14 have come together in a shared strategy of supporting 

15 such an amendment. 

16 (13) In order to protect the integrity of democ17 racy and the electoral process and to ensure political 

18 equality for all, the Constitution should be amended 

19 so that Congress and the States may regulate and set 

20 limits on the raising and spending of money to influ21 ence elections and may distinguish between natural 

22 persons and artificial entities, like corporations, that 

23 are created by law, including by prohibiting such ar24 tificial entities from spending money to influence elec25 tions. 


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1 Subtitle B—Congressional Elections 

2 SEC. 5100. SHORT TITLE. 

3 This subtitle may be cited as the ‘‘Government By the 

4 People Act of 2019’’. 

5 PART 1—MY VOICE VOUCHER PILOT PROGRAM 

6 SEC. 5101. ESTABLISHMENT OF PILOT PROGRAM. 

7 (a) ESTABLISHMENT.—The Federal Election Commis8 sion (hereafter in this part referred to as the ‘‘Commission’’) 

9 shall establish a pilot program under which the Commission 

10 shall select 3 eligible States to operate a voucher pilot pro11 gram which is described in section 5102 during the pro12 gram operation period. 

13 (b) ELIGIBILITY OF STATES.—A State is eligible to be 

14 selected to operate a voucher pilot program under this part 

15 if, not later than 180 days after the beginning of the pro16 gram application period, the State submits to the Commis17 sion an application containing— 

18 (1) information and assurances that the State 

19 will operate a voucher program which contains the 

20 elements described in section 5102(a); 

21 (2) information and assurances that the State 

22 will establish fraud prevention mechanisms described 

23 in section 5102(b); 


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1 (3) information and assurances that the State 

2 will establish a commission to oversee and implement 

3 the program as described in section 5102(c); 

4 (4) information and assurances that the State 

5 will carry out a public information campaign as de6 scribed in section 5102(d); 

7 (5) information and assurances that the State 

8 will submit reports as required under section 5103; 

9 and 

10 (6) such other information and assurances as the 

11 Commission may require. 

12 (c) SELECTION OF PARTICIPATING STATES.— 

13 (1) IN GENERAL.—Not later than 1 year after 

14 the beginning of the program application period, the 

15 Commission shall select the 3 States which will oper16 ate voucher pilot programs under this part. 

17 (2) CRITERIA.—In selecting States for the oper18 ation of the voucher pilot programs under this part, 

19 the Commission shall apply such criteria and metrics 

20 as the Commission considers appropriate to determine 

21 the ability of a State to operate the program success22 fully, and shall attempt to select States in a variety 

23 of geographic regions and with a variety of political 

24 party preferences. 


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1 (3) NO SUPERMAJORITY REQUIRED FOR SELEC2 TION.—The selection of States by the Commission 

3 under this subsection shall require the approval of 

4 only half of the Members of the Commission. 

5 (d) DUTIES OF STATES DURING PROGRAM PREPARA6 TION PERIOD.—During the program preparation period, 

7 each State selected to operate a voucher pilot program under 

8 this part shall take such actions as may be necessary to 

9 ensure that the State will be ready to operate the program 

10 during the program operation period, and shall complete 

11 such actions not later than 90 days before the beginning 

12 of the program operation period. 

13 (e) TERMINATION.—Each voucher pilot program under 

14 this part shall terminate as of the first day after the pro15 gram operation period. 

16 (f) REIMBURSEMENT OF COSTS.— 

17 (1) REIMBURSEMENT.—Upon receiving the re18 port submitted by a State under section 5103(a) with 

19 respect to an election cycle, the Commission shall 

20 transmit a payment to the State in an amount equal 

21 to the reasonable costs incurred by the State in oper22 ating the voucher pilot program under this part dur23 ing the cycle. 

24 (2) SOURCE OF FUNDS.—Payments to States 

25 under the program shall be made using amounts in 


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1 the Freedom From Influence Fund under section 541 

2 of the Federal Election Campaign Act of 1971 (as 

3 added by section 5111), hereafter referred to as the 

4 ‘‘Fund’’. 

5 (3) MANDATORY REDUCTION OF PAYMENTS IN

6 CASE OF INSUFFICIENT AMOUNTS IN FREEDOM FROM

7 INFLUENCE FUND.— 

8 (A) ADVANCE AUDITS BY COMMISSION.—Not 

9 later than 90 days before the first day of each 

10 program operation period, the Commission 

11 shall— 

12 (i) audit the Fund to determine wheth13 er, after first making payments to partici14 pating candidates under title V of the Fed15 eral Election Campaign Act of 1971 (as 

16 added by section 5111), the amounts re17 maining in the Fund will be sufficient to 

18 make payments to States under this part in 

19 the amounts provided under this subsection; 

20 and 

21 (ii) submit a report to Congress de22 scribing the results of the audit. 

23 (B) REDUCTIONS IN AMOUNT OF PAY24 MENTS.— 


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1 (i) AUTOMATIC REDUCTION ON PRO

2 RATA BASIS.—If, on the basis of the audit 

3 described in subparagraph (A), the Commis4 sion determines that the amount antici5 pated to be available in the Fund with re6 spect to an election cycle involved is not, or 

7 may not be, sufficient to make payments to 

8 States under this part in the full amount 

9 provided under this subsection, the Commis10 sion shall reduce each amount which would 

11 otherwise be paid to a State under this sub12 section by such pro rata amount as may be 

13 necessary to ensure that the aggregate 

14 amount of payments anticipated to be made 

15 with respect to the cycle will not exceed the 

16 amount anticipated to be available for such 

17 payments in the Fund with respect to such 

18 cycle. 

19 (ii) RESTORATION OF REDUCTIONS IN

20 CASE OF AVAILABILITY OF SUFFICIENT

21 FUNDS DURING ELECTION CYCLE.—If, after 

22 reducing the amounts paid to States with 

23 respect to an election cycle under clause (i), 

24 the Commission determines that there are 

25 sufficient amounts in the Fund to restore 


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1 the amount by which such payments were 

2 reduced (or any portion thereof), to the ex3 tent that such amounts are available, the 

4 Commission may make a payment on a pro 

5 rata basis to each such State with respect to 

6 the cycle in the amount by which such 

7 State’s payments were reduced under clause 

8 (i) (or any portion thereof, as the case may 

9 be). 

10 (iii) NO USE OF AMOUNTS FROM

11 OTHER SOURCES.—In any case in which 

12 the Commission determines that there are 

13 insufficient moneys in the Fund to make 

14 payments to States under this part, moneys 

15 shall not be made available from any other 

16 source for the purpose of making such pay17 ments. 

18 (3) CAP ON AMOUNT OF PAYMENT.—The aggre19 gate amount of payments made to any State with re20 spect to any program operation period may not ex21 ceed $10,000,000. If the State determines that the 

22 maximum payment amount under this paragraph 

23 with respect to the program operation period involved 

24 is not, or may not be, sufficient to cover the reason25 able costs incurred by the State in operating the proVerDate Sep 11 2014 01:44 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00304 Fmt 6652 Sfmt 6203 E:\BILLS\H1.RH H1

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1 gram under this part for such period, the State shall 

2 reduce the amount of the voucher provided to each 

3 qualified individual by such pro rata amount as may 

4 be necessary to ensure that the reasonable costs in5 curred by the State in operating the program will not 

6 exceed the amount paid to the State with respect to 

7 such period. 

8 SEC. 5102. VOUCHER PROGRAM DESCRIBED. 

9 (a) GENERAL ELEMENTS OF PROGRAM.— 

10 (1) ELEMENTS DESCRIBED.—The elements of a 

11 voucher pilot program operated by a State under this 

12 part are as follows: 

13 (A) The State shall provide each qualified 

14 individual upon the individual’s request with a 

15 voucher worth $25 to be known as a ‘‘My Voice 

16 Voucher’’ during the election cycle which will be 

17 assigned a routing number and which at the op18 tion of the individual will be provided in either 

19 paper or electronic form. 

20 (B) Using the routing number assigned to 

21 the My Voice Voucher, the individual may sub22 mit the My Voice Voucher in either electronic or 

23 paper form to qualified candidates for election 

24 for the office of Representative in, or Delegate or 

25 Resident Commissioner to, the Congress and alloVerDate Sep 11 2014 01:44 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00305 Fmt 6652 Sfmt 6203 E:\BILLS\H1.RH H1

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1 cate such portion of the value of the My Voice 

2 Voucher in increments of $5 as the individual 

3 may select to any such candidate. 

4 (C) If the candidate transmits the My Voice 

5 Voucher to the Commission, the Commission 

6 shall pay the candidate the portion of the value 

7 of the My Voice Voucher that the individual allo8 cated to the candidate, which shall be considered 

9 a contribution by the individual to the candidate 

10 for purposes of the Federal Election Campaign 

11 Act of 1971. 

12 (2) DESIGNATION OF QUALIFIED INDIVIDUALS.— 

13 For purposes of paragraph (1)(A), a ‘‘qualified indi14 vidual’’ with respect to a State means an indi15 vidual— 

16 (A) who is a resident of the State; 

17 (B) who will be of voting age as of the date 

18 of the election for the candidate to whom the in19 dividual submits a My Voice Voucher; and 

20 (C) who is not prohibited under Federal 

21 law from making contributions to candidates for 

22 election for Federal office. 

23 (3) TREATMENT AS CONTRIBUTION TO CAN24 DIDATE.—For purposes of the Federal Election Cam25 paign Act of 1971, the submission of a My Voice 


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1 Voucher to a candidate by an individual shall be 

2 treated as a contribution to the candidate by the indi3 vidual in the amount of the portion of the value of 

4 the Voucher that the individual allocated to the can5 didate. 

6 (b) FRAUD PREVENTION MECHANISM.—In addition to 

7 the elements described in subsection (a), a State operating 

8 a voucher pilot program under this part shall permit an 

9 individual to revoke a My Voice Voucher not later than 2 

10 days after submitting the My Voice Voucher to a candidate. 

11 (c) OVERSIGHT COMMISSION.—In addition to the ele12 ments described in subsection (a), a State operating a 

13 voucher pilot program under this part shall establish a com14 mission or designate an existing entity to oversee and im15 plement the program in the State, except that no such com16 mission or entity may be comprised of elected officials. 

17 (d) PUBLIC INFORMATION CAMPAIGN.—In addition to 

18 the elements described in subsection (a), a State operating 

19 a voucher pilot program under this part shall carry out 

20 a public information campaign to disseminate awareness 

21 of the program among qualified individuals. 

22 SEC. 5103. REPORTS. 

23 (a) PRELIMINARY REPORT.—Not later than 6 months 

24 after the first election cycle of the program operation period, 

25 a State which operates a voucher pilot program under this 


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1 part shall submit a report to the Commission analyzing the 

2 operation and effectiveness of the program during the cycle 

3 and including such other information as the Commission 

4 may require. 

5 (b) FINAL REPORT.—Not later than 6 months after the 

6 end of the program operation period, the State shall submit 

7 a final report to the Commission analyzing the operation 

8 and effectiveness of the program and including such other 

9 information as the Commission may require. 

10 (c) REPORT BY COMMISSION.—Not later than the end 

11 of the first election cycle which begins after the program 

12 operation period, the Commission shall submit a report to 

13 Congress which summarizes and analyzes the results of the 

14 voucher pilot program, and shall include in the report such 

15 recommendations as the Commission considers appropriate 

16 regarding the expansion of the pilot program to all States 

17 and territories, along with such other recommendations and 

18 other information as the Commission considers appro19 priate. 

20 SEC. 5104. DEFINITIONS. 

21 (a) ELECTION CYCLE.—In this part, the term ‘‘election 

22 cycle’’ means the period beginning on the day after the date 

23 of the most recent regularly scheduled general election for 

24 Federal office and ending on the date of the next regularly 

25 scheduled general election for Federal office. 


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1 (b) DEFINITIONS RELATING TO PERIODS.—In this 

2 part, the following definitions apply: 

3 (1) PROGRAM APPLICATION PERIOD.—The term 

4 ‘‘program application period’’ means the first election 

5 cycle which begins after the date of the enactment of 

6 this Act. 

7 (2) PROGRAM PREPARATION PERIOD.—The term 

8 ‘‘program preparation period’’ means the first elec9 tion cycle which begins after the program application 

10 period. 

11 (3) PROGRAM OPERATION PERIOD.—The term 

12 ‘‘program operation period’’ means the first 2 election 

13 cycles which begin after the program preparation pe14 riod. 

15 PART 2—SMALL DOLLAR FINANCING OF 

16 CONGRESSIONAL ELECTION CAMPAIGNS 

17 SEC. 5111. BENEFITS AND ELIGIBILITY REQUIREMENTS FOR 

18 CANDIDATES. 

19 The Federal Election Campaign Act of 1971 (52 

20 U.S.C. 30101 et seq.) is amended by adding at the end the 

21 following: 


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1 ‘‘TITLE V—SMALL DOLLAR FI2 NANCING OF CONGRES3 SIONAL ELECTION CAM4 PAIGNS 

5 ‘‘Subtitle A—Benefits 

6 ‘‘SEC. 501. BENEFITS FOR PARTICIPATING CANDIDATES. 

7 ‘‘(a) IN GENERAL.—If a candidate for election to the 

8 office of Representative in, or Delegate or Resident Commis9 sioner to, the Congress is certified as a participating can10 didate under this title with respect to an election for such 

11 office, the candidate shall be entitled to payments as pro12 vided under this title. 

13 ‘‘(b) AMOUNT OF PAYMENT.—The amount of a pay14 ment made under this title shall be equal to 600 percent 

15 of the amount of qualified small dollar contributions re16 ceived by the candidate since the most recent payment made 

17 to the candidate under this title during the election cycle, 

18 without regard to whether or not the candidate received any 

19 of the contributions before, during, or after the Small Dollar 

20 Democracy qualifying period applicable to the candidate 

21 under section 511(c). 

22 ‘‘(c) LIMIT ON AGGREGATE AMOUNT OF PAYMENTS.— 

23 The aggregate amount of payments made to a participating 

24 candidate with respect to an election cycle under this title 

25 may not exceed 50 percent of the average of the 20 greatest 


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1 amounts of disbursements made by the authorized commit2 tees of any winning candidate for the office of Representa3 tive in, or Delegate or Resident Commissioner to, the Con4 gress during the most recent election cycle, rounded to the 

5 nearest $100,000. 

6 ‘‘SEC. 502. PROCEDURES FOR MAKING PAYMENTS. 

7 ‘‘(a) IN GENERAL.—The Commission shall make a 

8 payment under section 501 to a candidate who is certified 

9 as a participating candidate upon receipt from the can10 didate of a request for a payment which includes— 

11 ‘‘(1) a statement of the number and amount of 

12 qualified small dollar contributions received by the 

13 candidate since the most recent payment made to the 

14 candidate under this title during the election cycle; 

15 ‘‘(2) a statement of the amount of the payment 

16 the candidate anticipates receiving with respect to the 

17 request; 

18 ‘‘(3) a statement of the total amount of payments 

19 the candidate has received under this title as of the 

20 date of the statement; and 

21 ‘‘(4) such other information and assurances as 

22 the Commission may require. 

23 ‘‘(b) RESTRICTIONS ON SUBMISSION OF REQUESTS.— 

24 A candidate may not submit a request under subsection (a) 

25 unless each of the following applies: 


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1 ‘‘(1) The amount of the qualified small dollar 

2 contributions in the statement referred to in sub3 section (a)(1) is equal to or greater than $5,000, un4 less the request is submitted during the 30-day period 

5 which ends on the date of a general election. 

6 ‘‘(2) The candidate did not receive a payment 

7 under this title during the 7-day period which ends 

8 on the date the candidate submits the request. 

9 ‘‘(c) TIME OF PAYMENT.—The Commission shall, in 

10 coordination with the Secretary of the Treasury, take such 

11 steps as may be necessary to ensure that the Secretary is 

12 able to make payments under this section from the Treasury 

13 not later than 2 business days after the receipt of a request 

14 submitted under subsection (a). 

15 ‘‘SEC. 503. USE OF FUNDS. 

16 ‘‘(a) USE OF FUNDS FOR AUTHORIZED CAMPAIGN EX17 PENDITURES.—A candidate shall use payments made under 

18 this title, including payments provided with respect to a 

19 previous election cycle which are withheld from remittance 

20 to the Commission in accordance with section 524(a)(2), 

21 only for making direct payments for the receipt of goods 

22 and services which constitute authorized expenditures (as 

23 determined in accordance with title III) in connection with 

24 the election cycle involved. 


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1 ‘‘(b) PROHIBITING USE OF FUNDS FOR LEGAL EX2 PENSES, FINES, OR PENALTIES.—Notwithstanding title III, 

3 a candidate may not use payments made under this title 

4 for the payment of expenses incurred in connection with 

5 any action, claim, or other matter before the Commission 

6 or before any court, hearing officer, arbitrator, or other dis7 pute resolution entity, or for the payment of any fine or 

8 civil monetary penalty. 

9 ‘‘SEC. 504. QUALIFIED SMALL DOLLAR CONTRIBUTIONS DE10 SCRIBED. 

11 ‘‘(a) IN GENERAL.—In this title, the term ‘qualified 

12 small dollar contribution’ means, with respect to a can13 didate and the authorized committees of a candidate, a con14 tribution that meets the following requirements: 

15 ‘‘(1) The contribution is in an amount that is— 

16 ‘‘(A) not less than $1; and 

17 ‘‘(B) not more than $200. 

18 ‘‘(2)(A) The contribution is made directly by an 

19 individual to the candidate or an authorized com20 mittee of the candidate and is not— 

21 ‘‘(i) forwarded from the individual making 

22 the contribution to the candidate or committee 

23 by another person; or 

24 ‘‘(ii) received by the candidate or committee 

25 with the knowledge that the contribution was 


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1 made at the request, suggestion, or recommenda2 tion of another person. 

3 ‘‘(B) In this paragraph— 

4 ‘‘(i) the term ‘person’ does not include an 

5 individual (other than an individual described 

6 in section 304(i)(7) of the Federal Election Cam7 paign Act of 1971), a political committee of a 

8 political party, or any political committee which 

9 is not a separate segregated fund described in 

10 section 316(b) of the Federal Election Campaign 

11 Act of 1971 and which does not make contribu12 tions or independent expenditures, does not en13 gage in lobbying activity under the Lobbying 

14 Disclosure Act of 1995 (2 U.S.C. 1601 et seq.), 

15 and is not established by, controlled by, or affili16 ated with a registered lobbyist under such Act, 

17 an agent of a registered lobbyist under such Act, 

18 or an organization which retains or employs a 

19 registered lobbyist under such Act; and 

20 ‘‘(ii) a contribution is not ‘made at the re21 quest, suggestion, or recommendation of another 

22 person’ solely on the grounds that the contribu23 tion is made in response to information provided 

24 to the individual making the contribution by 

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1 ized committee does not know the identity of the 

2 person who provided the information to such in3 dividual. 

4 ‘‘(3) The individual who makes the contribution 

5 does not make contributions to the candidate or the 

6 authorized committees of the candidate with respect to 

7 the election involved in an aggregate amount that ex8 ceeds the amount described in paragraph (1)(B), or 

9 any contribution to the candidate or the authorized 

10 committees of the candidate with respect to the elec11 tion involved that otherwise is not a qualified small 

12 dollar contribution. 

13 ‘‘(b) TREATMENT OF MY VOICE VOUCHERS.—Any 

14 payment received by a candidate and the authorized com15 mittees of a candidate which consists of a My Voice Voucher 

16 under the Government By the People Act of 2019 shall be 

17 considered a qualified small dollar contribution for pur18 poses of this title, so long as the individual making the pay19 ment meets the requirements of paragraphs (2) and (3) of 

20 subsection (a). 

21 ‘‘(c) RESTRICTION ON SUBSEQUENT CONTRIBU22 TIONS.— 

23 ‘‘(1) PROHIBITING DONOR FROM MAKING SUBSE24 QUENT NONQUALIFIED CONTRIBUTIONS DURING ELEC25 TION CYCLE.— 


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1 ‘‘(A) IN GENERAL.—An individual who 

2 makes a qualified small dollar contribution to a 

3 candidate or the authorized committees of a can4 didate with respect to an election may not make 

5 any subsequent contribution to such candidate or 

6 the authorized committees of such candidate with 

7 respect to the election cycle which is not a quali8 fied small dollar contribution. 

9 ‘‘(B) EXCEPTION FOR CONTRIBUTIONS TO

10 CANDIDATES WHO VOLUNTARILY WITHDRAW

11 FROM PARTICIPATION DURING QUALIFYING PE12 RIOD.—Subparagraph (A) does not apply with 

13 respect to a contribution made to a candidate 

14 who, during the Small Dollar Democracy quali15 fying period described in section 511(c), submits 

16 a statement to the Commission under section 

17 513(c) to voluntarily withdraw from partici18 pating in the program under this title. 

19 ‘‘(2) TREATMENT OF SUBSEQUENT NON20 QUALIFIED CONTRIBUTIONS.—If, notwithstanding the 

21 prohibition described in paragraph (1), an individual 

22 who makes a qualified small dollar contribution to a 

23 candidate or the authorized committees of a candidate 

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1 tees of such candidate with respect to the election 

2 which is prohibited under paragraph (1) because it is 

3 not a qualified small dollar contribution, the can4 didate may take one of the following actions: 

5 ‘‘(A) Not later than 2 weeks after receiving 

6 the contribution, the candidate may return the 

7 subsequent contribution to the individual. In the 

8 case of a subsequent contribution which is not a 

9 qualified small dollar contribution because the 

10 contribution fails to meet the requirements of 

11 paragraph (3) of subsection (a) (relating to the 

12 aggregate amount of contributions made to the 

13 candidate or the authorized committees of the 

14 candidate by the individual making the con15 tribution), the candidate may return an amount 

16 equal to the difference between the amount of the 

17 subsequent contribution and the amount de18 scribed in paragraph (1)(B) of subsection (a). 

19 ‘‘(B) The candidate may retain the subse20 quent contribution, so long as not later than 2 

21 weeks after receiving the subsequent contribution, 

22 the candidate remits to the Commission for de23 posit in the Freedom From Influence Fund 

24 under section 541 an amount equal to any pay25 ments received by the candidate under this title 


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1 which are attributable to the qualified small dol2 lar contribution made by the individual in3 volved. 

4 ‘‘(3) NO EFFECT ON ABILITY TO MAKE MULTIPLE

5 CONTRIBUTIONS.—Nothing in this section may be 

6 construed to prohibit an individual from making 

7 multiple qualified small dollar contributions to any 

8 candidate or any number of candidates, so long as 

9 each contribution meets each of the requirements of 

10 paragraphs (1), (2), and (3) of subsection (a). 

11 ‘‘(d) NOTIFICATION REQUIREMENTS FOR CAN12 DIDATES.— 

13 ‘‘(1) NOTIFICATION.—Each authorized committee 

14 of a candidate who seeks to be a participating can15 didate under this title shall provide the following in16 formation in any materials for the solicitation of con17 tributions, including any internet site through which 

18 individuals may make contributions to the committee: 

19 ‘‘(A) A statement that if the candidate is 

20 certified as a participating candidate under this 

21 title, the candidate will receive matching pay22 ments in an amount which is based on the total 

23 amount of qualified small dollar contributions 

24 received. 


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1 ‘‘(B) A statement that a contribution which 

2 meets the requirements set forth in subsection (a) 

3 shall be treated as a qualified small dollar con4 tribution under this title. 

5 ‘‘(C) A statement that if a contribution is 

6 treated as qualified small dollar contribution 

7 under this title, the individual who makes the 

8 contribution may not make any contribution to 

9 the candidate or the authorized committees of the 

10 candidate during the election cycle which is not 

11 a qualified small dollar contribution. 

12 ‘‘(2) ALTERNATIVE METHODS OF MEETING RE13 QUIREMENTS.—An authorized committee may meet 

14 the requirements of paragraph (1)— 

15 ‘‘(A) by including the information described 

16 in paragraph (1) in the receipt provided under 

17 section 512(b)(3) to a person making a qualified 

18 small dollar contribution; or 

19 ‘‘(B) by modifying the information it pro20 vides to persons making contributions which is 

21 otherwise required under title III (including in22 formation it provides through the internet). 


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1 ‘‘Subtitle B—Eligibility and 

2 Certification 

3 ‘‘SEC. 511. ELIGIBILITY. 

4 ‘‘(a) IN GENERAL.—A candidate for the office of Rep5 resentative in, or Delegate or Resident Commissioner to, the 

6 Congress is eligible to be certified as a participating can7 didate under this title with respect to an election if the can8 didate meets the following requirements: 

9 ‘‘(1) The candidate files with the Commission a 

10 statement of intent to seek certification as a partici11 pating candidate. 

12 ‘‘(2) The candidate meets the qualifying require13 ments of section 512. 

14 ‘‘(3) The candidate files with the Commission a 

15 statement certifying that the authorized committees of 

16 the candidate meet the requirements of section 504(d). 

17 ‘‘(4) Not later than the last day of the Small 

18 Dollar Democracy qualifying period, the candidate 

19 files with the Commission an affidavit signed by the 

20 candidate and the treasurer of the candidate’s prin21 cipal campaign committee declaring that the can22 didate— 

23 ‘‘(A) has complied and, if certified, will 

24 comply with the contribution and expenditure 

25 requirements of section 521; 


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1 ‘‘(B) if certified, will run only as a partici2 pating candidate for all elections for the office 

3 that such candidate is seeking during that elec4 tion cycle; and 

5 ‘‘(C) has either qualified or will take steps 

6 to qualify under State law to be on the ballot. 

7 ‘‘(b) GENERAL ELECTION.—Notwithstanding sub8 section (a), a candidate shall not be eligible to be certified 

9 as a participating candidate under this title for a general 

10 election or a general runoff election unless the candidate’s 

11 party nominated the candidate to be placed on the ballot 

12 for the general election or the candidate is otherwise quali13 fied to be on the ballot under State law. 

14 ‘‘(c) SMALL DOLLAR DEMOCRACY QUALIFYING PERIOD

15 DEFINED.—The term ‘Small Dollar Democracy qualifying 

16 period’ means, with respect to any candidate for an office, 

17 the 180-day period (during the election cycle for such office) 

18 which begins on the date on which the candidate files a 

19 statement of intent under section 511(a)(1), except that such 

20 period may not continue after the date that is 30 days be21 fore the date of the general election for the office. 

22 ‘‘SEC. 512. QUALIFYING REQUIREMENTS. 

23 ‘‘(a) RECEIPT OF QUALIFIED SMALL DOLLAR CON24 TRIBUTIONS.—A candidate for the office of Representative 

25 in, or Delegate or Resident Commissioner to, the Congress 


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1 meets the requirement of this section if, during the Small 

2 Dollar Democracy qualifying period described in section 

3 511(c), each of the following occurs: 

4 ‘‘(1) Not fewer than 1,000 individuals make a 

5 qualified small dollar contribution to the candidate. 

6 ‘‘(2) The candidate obtains a total dollar amount 

7 of qualified small dollar contributions which is equal 

8 to or greater than $50,000. 

9 ‘‘(b) REQUIREMENTS RELATING TO RECEIPT OF

10 QUALIFIED SMALL DOLLAR CONTRIBUTION.—Each quali11 fied small dollar contribution— 

12 ‘‘(1) may be made by means of a personal check, 

13 money order, debit card, credit card, electronic pay14 ment account, or any other method deemed appro15 priate by the Commission; 

16 ‘‘(2) shall be accompanied by a signed statement 

17 (or, in the case of a contribution made online or 

18 through other electronic means, an electronic equiva19 lent) containing the contributor’s name and address; 

20 and 

21 ‘‘(3) shall be acknowledged by a receipt that is 

22 sent to the contributor with a copy (in paper or elec23 tronic form) kept by the candidate for the Commis24 sion. 


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1 ‘‘(c) VERIFICATION OF CONTRIBUTIONS.—The Com2 mission shall establish procedures for the auditing and 

3 verification of the contributions received and expenditures 

4 made by participating candidates under this title, includ5 ing procedures for random audits, to ensure that such con6 tributions and expenditures meet the requirements of this 

7 title. 

8 ‘‘SEC. 513. CERTIFICATION. 

9 ‘‘(a) DEADLINE AND NOTIFICATION.— 

10 ‘‘(1) IN GENERAL.—Not later than 5 business 

11 days after a candidate files an affidavit under section 

12 511(a)(4), the Commission shall— 

13 ‘‘(A) determine whether or not the candidate 

14 meets the requirements for certification as a par15 ticipating candidate; 

16 ‘‘(B) if the Commission determines that the 

17 candidate meets such requirements, certify the 

18 candidate as a participating candidate; and 

19 ‘‘(C) notify the candidate of the Commis20 sion’s determination. 

21 ‘‘(2) DEEMED CERTIFICATION FOR ALL ELEC22 TIONS IN ELECTION CYCLE.—If the Commission cer23 tifies a candidate as a participating candidate with 

24 respect to the first election of the election cycle in25 volved, the Commission shall be deemed to have cerVerDate Sep 11 2014 01:44 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00323 Fmt 6652 Sfmt 6203 E:\BILLS\H1.RH H1

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1 tified the candidate as a participating candidate with 

2 respect to all subsequent elections of the election cycle. 

3 ‘‘(b) REVOCATION OF CERTIFICATION.— 

4 ‘‘(1) IN GENERAL.—The Commission shall revoke 

5 a certification under subsection (a) if— 

6 ‘‘(A) a candidate fails to qualify to appear 

7 on the ballot at any time after the date of certifi8 cation (other than a candidate certified as a 

9 participating candidate with respect to a pri10 mary election who fails to qualify to appear on 

11 the ballot for a subsequent election in that elec12 tion cycle); 

13 ‘‘(B) a candidate ceases to be a candidate 

14 for the office involved, as determined on the basis 

15 of an official announcement by an authorized 

16 committee of the candidate or on the basis of a 

17 reasonable determination by the Commission; or 

18 ‘‘(C) a candidate otherwise fails to comply 

19 with the requirements of this title, including any 

20 regulatory requirements prescribed by the Com21 mission. 

22 ‘‘(2) EXISTENCE OF CRIMINAL SANCTION.—The 

23 Commission shall revoke a certification under sub24 section (a) if a penalty is assessed against the canVerDate Sep 11 2014 01:44 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00324 Fmt 6652 Sfmt 6203 E:\BILLS\H1.RH H1

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1 didate under section 309(d) with respect to the elec2 tion. 

3 ‘‘(3) EFFECT OF REVOCATION.—If a candidate’s 

4 certification is revoked under this subsection— 

5 ‘‘(A) the candidate may not receive pay6 ments under this title during the remainder of 

7 the election cycle involved; and 

8 ‘‘(B) in the case of a candidate whose cer9 tification is revoked pursuant to subparagraph 

10 (A) or subparagraph (C) of paragraph (1)— 

11 ‘‘(i) the candidate shall repay to the 

12 Freedom From Influence Fund established 

13 under section 541 an amount equal to the 

14 payments received under this title with re15 spect to the election cycle involved plus in16 terest (at a rate determined by the Commis17 sion on the basis of an appropriate annual 

18 percentage rate for the month involved) on 

19 any such amount received; and 

20 ‘‘(ii) the candidate may not be certified 

21 as a participating candidate under this 

22 title with respect to the next election cycle. 

23 ‘‘(4) PROHIBITING PARTICIPATION IN FUTURE

24 ELECTIONS FOR CANDIDATES WITH MULTIPLE REV25 OCATIONS.—If the Commission revokes the certifiVerDate Sep 11 2014 01:44 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00325 Fmt 6652 Sfmt 6203 E:\BILLS\H1.RH H1

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1 cation of an individual as a participating candidate 

2 under this title pursuant to subparagraph (A) or sub3 paragraph (C) of paragraph (1) a total of 3 times, 

4 the individual may not be certified as a participating 

5 candidate under this title with respect to any subse6 quent election. 

7 ‘‘(c) VOLUNTARY WITHDRAWAL FROM PARTICIPATING

8 DURING QUALIFYING PERIOD.—At any time during the 

9 Small Dollar Democracy qualifying period described in sec10 tion 511(c), a candidate may withdraw from participation 

11 in the program under this title by submitting to the Com12 mission a statement of withdrawal (without regard to 

13 whether or not the Commission has certified the candidate 

14 as a participating candidate under this title as of the time 

15 the candidate submits such statement), so long as the can16 didate has not submitted a request for payment under sec17 tion 502. 

18 ‘‘(d) PARTICIPATING CANDIDATE DEFINED.—In this 

19 title, a ‘participating candidate’ means a candidate for the 

20 office of Representative in, or Delegate or Resident Commis21 sioner to, the Congress who is certified under this section 

22 as eligible to receive benefits under this title. 


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1 ‘‘Subtitle C—Requirements for Can2 didates Certified as Partici3 pating Candidates 

4 ‘‘SEC. 521. CONTRIBUTION AND EXPENDITURE REQUIRE5 MENTS. 

6 ‘‘(a) PERMITTED SOURCES OF CONTRIBUTIONS AND

7 EXPENDITURES.—Except as provided in subsection (c), a 

8 participating candidate with respect to an election shall, 

9 with respect to all elections occurring during the election 

10 cycle for the office involved, accept no contributions from 

11 any source and make no expenditures from any amounts, 

12 other than the following: 

13 ‘‘(1) Qualified small dollar contributions. 

14 ‘‘(2) Payments under this title. 

15 ‘‘(3) Contributions from political committees es16 tablished and maintained by a national or State po17 litical party, subject to the applicable limitations of 

18 section 315. 

19 ‘‘(4) Subject to subsection (b), personal funds of 

20 the candidate or of any immediate family member of 

21 the candidate (other than funds received through 

22 qualified small dollar contributions). 

23 ‘‘(5) Contributions from individuals who are oth24 erwise permitted to make contributions under this 

25 Act, subject to the applicable limitations of section 


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1 315, except that the aggregate amount of contribu2 tions a participating candidate may accept from any 

3 individual with respect to any election during the 

4 election cycle may not exceed $1,000. 

5 ‘‘(6) Contributions from multicandidate political 

6 committees, subject to the applicable limitations of 

7 section 315. 

8 ‘‘(b) SPECIAL RULES FOR PERSONAL FUNDS.— 

9 ‘‘(1) LIMIT ON AMOUNT.—A candidate who is 

10 certified as a participating candidate may use per11 sonal funds (including personal funds of any imme12 diate family member of the candidate) so long as— 

13 ‘‘(A) the aggregate amount used with re14 spect to the election cycle (including any period 

15 of the cycle occurring prior to the candidate’s 

16 certification as a participating candidate) does 

17 not exceed $50,000; and 

18 ‘‘(B) the funds are used only for making di19 rect payments for the receipt of goods and serv20 ices which constitute authorized expenditures in 

21 connection with the election cycle involved. 

22 ‘‘(2) IMMEDIATE FAMILY MEMBER DEFINED.—In 

23 this subsection, the term ‘immediate family member’ 

24 means, with respect to a candidate— 

25 ‘‘(A) the candidate’s spouse; 


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1 ‘‘(B) a child, stepchild, parent, grand2 parent, brother, half-brother, sister, or half-sister 

3 of the candidate or the candidate’s spouse; and 

4 ‘‘(C) the spouse of any person described in 

5 subparagraph (B). 

6 ‘‘(c) EXCEPTIONS.— 

7 ‘‘(1) EXCEPTION FOR CONTRIBUTIONS RECEIVED

8 PRIOR TO FILING OF STATEMENT OF INTENT.—A can9 didate who has accepted contributions that are not de10 scribed in subsection (a) is not in violation of sub11 section (a), but only if all such contributions are— 

12 ‘‘(A) returned to the contributor; 

13 ‘‘(B) submitted to the Commission for de14 posit in the Freedom From Influence Fund es15 tablished under section 541; or 

16 ‘‘(C) spent in accordance with paragraph 

17 (2). 

18 ‘‘(2) EXCEPTION FOR EXPENDITURES MADE

19 PRIOR TO FILING OF STATEMENT OF INTENT.—If a 

20 candidate has made expenditures prior to the date the 

21 candidate files a statement of intent under section 

22 511(a)(1) that the candidate is prohibited from mak23 ing under subsection (a) or subsection (b), the can24 didate is not in violation of such subsection if the ag25 gregate amount of the prohibited expenditures is less 


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1 than the amount referred to in section 512(a)(2) (re2 lating to the total dollar amount of qualified small 

3 dollar contributions which the candidate is required 

4 to obtain) which is applicable to the candidate. 

5 ‘‘(3) EXCEPTION FOR CAMPAIGN SURPLUSES

6 FROM A PREVIOUS ELECTION.—Notwithstanding 

7 paragraph (1), unexpended contributions received by 

8 the candidate or an authorized committee of the can9 didate with respect to a previous election may be re10 tained, but only if the candidate places the funds in 

11 escrow and refrains from raising additional funds for 

12 or spending funds from that account during the elec13 tion cycle in which a candidate is a participating 

14 candidate. 

15 ‘‘(4) EXCEPTION FOR CONTRIBUTIONS RECEIVED

16 BEFORE THE EFFECTIVE DATE OF THIS TITLE.—Con17 tributions received and expenditures made by the can18 didate or an authorized committee of the candidate 

19 prior to the effective date of this title shall not con20 stitute a violation of subsection (a) or (b). Unex21 pended contributions shall be treated the same as 

22 campaign surpluses under paragraph (3), and ex23 penditures made shall count against the limit in 

24 paragraph (2). 


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1 ‘‘(d) SPECIAL RULE FOR COORDINATED PARTY EX2 PENDITURES.—For purposes of this section, a payment 

3 made by a political party in coordination with a partici4 pating candidate shall not be treated as a contribution to 

5 or as an expenditure made by the participating candidate. 

6 ‘‘(e) PROHIBITION ON JOINT FUNDRAISING COMMIT7 TEES.— 

8 ‘‘(1) PROHIBITION.—An authorized committee of 

9 a candidate who is certified as a participating can10 didate under this title with respect to an election may 

11 not establish a joint fundraising committee with a po12 litical committee other than another authorized com13 mittee of the candidate. 

14 ‘‘(2) STATUS OF EXISTING COMMITTEES FOR

15 PRIOR ELECTIONS.—If a candidate established a joint 

16 fundraising committee described in paragraph (1) 

17 with respect to a prior election for which the can18 didate was not certified as a participating candidate 

19 under this title and the candidate does not terminate 

20 the committee, the candidate shall not be considered 

21 to be in violation of paragraph (1) so long as that 

22 joint fundraising committee does not receive any con23 tributions or make any disbursements during the elec24 tion cycle for which the candidate is certified as a 

25 participating candidate under this title. 


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1 ‘‘(f) PROHIBITION ON LEADERSHIP PACS.— 

2 ‘‘(1) PROHIBITION.—A candidate who is certified 

3 as a participating candidate under this title with re4 spect to an election may not associate with, establish, 

5 finance, maintain, or control a leadership PAC. 

6 ‘‘(2) STATUS OF EXISTING LEADERSHIP PACS.— 

7 If a candidate established, financed, maintained, or 

8 controlled a leadership PAC prior to being certified as 

9 a participating candidate under this title and the 

10 candidate does not terminate the leadership PAC, the 

11 candidate shall not be considered to be in violation of 

12 paragraph (1) so long as the leadership PAC does not 

13 receive any contributions or make any disbursements 

14 during the election cycle for which the candidate is 

15 certified as a participating candidate under this title. 

16 ‘‘(3) LEADERSHIP PAC DEFINED.—In this sub17 section, the term ‘leadership PAC’ has the meaning 

18 given such term in section 304(i)(8)(B). 

19 ‘‘SEC. 522. ADMINISTRATION OF CAMPAIGN. 

20 ‘‘(a) SEPARATE ACCOUNTING FOR VARIOUS PER21 MITTED CONTRIBUTIONS.—Each authorized committee of a 

22 candidate certified as a participating candidate under this 

23 title— 


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1 ‘‘(1) shall provide for separate accounting of 

2 each type of contribution described in section 521(a) 

3 which is received by the committee; and 

4 ‘‘(2) shall provide for separate accounting for the 

5 payments received under this title. 

6 ‘‘(b) ENHANCED DISCLOSURE OF INFORMATION ON

7 DONORS.— 

8 ‘‘(1) MANDATORY IDENTIFICATION OF INDIVID9 UALS MAKING QUALIFIED SMALL DOLLAR CONTRIBU10 TIONS.—Each authorized committee of a partici11 pating candidate under this title shall elect, in ac12 cordance with section 304(b)(3)(A), to include in the 

13 reports the committee submits under section 304 the 

14 identification of each person who makes a qualified 

15 small dollar contribution to the committee. 

16 ‘‘(2) MANDATORY DISCLOSURE THROUGH INTER17 NET.—Each authorized committee of a participating 

18 candidate under this title shall ensure that all infor19 mation reported to the Commission under this Act 

20 with respect to contributions and expenditures of the 

21 committee is available to the public on the internet 

22 (whether through a site established for purposes of this 

23 subsection, a hyperlink on another public site of the 

24 committee, or a hyperlink on a report filed electroniVerDate Sep 11 2014 01:44 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00333 Fmt 6652 Sfmt 6203 E:\BILLS\H1.RH H1

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1 cally with the Commission) in a searchable, sortable, 

2 and downloadable manner. 

3 ‘‘SEC. 523. PREVENTING UNNECESSARY SPENDING OF PUB4 LIC FUNDS. 

5 ‘‘(a) MANDATORY SPENDING OF AVAILABLE PRIVATE

6 FUNDS.—An authorized committee of a candidate certified 

7 as a participating candidate under this title may not make 

8 any expenditure of any payments received under this title 

9 in any amount unless the committee has made an expendi10 ture in an equivalent amount of funds received by the com11 mittee which are described in paragraphs (1), (3), (4), (5), 

12 and (6) of section 521(a). 

13 ‘‘(b) LIMITATION.—Subsection (a) applies to an au14 thorized committee only to the extent that the funds referred 

15 to in such subsection are available to the committee at the 

16 time the committee makes an expenditure of a payment re17 ceived under this title. 

18 ‘‘SEC. 524. REMITTING UNSPENT FUNDS AFTER ELECTION. 

19 ‘‘(a) REMITTANCE REQUIRED.—Not later than the 

20 date that is 180 days after the last election for which a 

21 candidate certified as a participating candidate qualifies 

22 to be on the ballot during the election cycle involved, such 

23 participating candidate shall remit to the Commission for 

24 deposit in the Freedom From Influence Fund established 

25 under section 541 an amount equal to the balance of the 


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1 payments received under this title by the authorized com2 mittees of the candidate which remain unexpended as of 

3 such date. 

4 ‘‘(b) PERMITTING CANDIDATES PARTICIPATING IN

5 NEXT ELECTION CYCLE TO RETAIN PORTION OF UNSPENT

6 FUNDS.—Notwithstanding subsection (a), a participating 

7 candidate may withhold not more than $100,000 from the 

8 amount required to be remitted under subsection (a) if the 

9 candidate files a signed affidavit with the Commission that 

10 the candidate will seek certification as a participating can11 didate with respect to the next election cycle, except that 

12 the candidate may not use any portion of the amount with13 held until the candidate is certified as a participating can14 didate with respect to that next election cycle. If the can15 didate fails to seek certification as a participating can16 didate prior to the last day of the Small Dollar Democracy 

17 qualifying period for the next election cycle (as described 

18 in section 511), or if the Commission notifies the candidate 

19 of the Commission’s determination does not meet the re20 quirements for certification as a participating candidate 

21 with respect to such cycle, the candidate shall immediately 

22 remit to the Commission the amount withheld. 


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1 ‘‘Subtitle D—Enhanced Match 

2 Support 

3 ‘‘SEC. 531. ENHANCED SUPPORT FOR GENERAL ELECTION. 

4 ‘‘(a) AVAILABILITY OF ENHANCED SUPPORT.—In ad5 dition to the payments made under subtitle A, the Commis6 sion shall make an additional payment to an eligible can7 didate under this subtitle. 

8 ‘‘(b) USE OF FUNDS.—A candidate shall use the addi9 tional payment under this subtitle only for authorized ex10 penditures in connection with the election involved. 

11 ‘‘SEC. 532. ELIGIBILITY. 

12 ‘‘(a) IN GENERAL.—A candidate is eligible to receive 

13 an additional payment under this subtitle if the candidate 

14 meets each of the following requirements: 

15 ‘‘(1) The candidate is on the ballot for the gen16 eral election for the office the candidate seeks. 

17 ‘‘(2) The candidate is certified as a partici18 pating candidate under this title with respect to the 

19 election. 

20 ‘‘(3) During the enhanced support qualifying pe21 riod, the candidate receives qualified small dollar con22 tributions in a total amount of not less than $50,000. 

23 ‘‘(4) During the enhanced support qualifying pe24 riod, the candidate submits to the Commission a re25 quest for the payment which includes— 


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1 ‘‘(A) a statement of the number and amount 

2 of qualified small dollar contributions received 

3 by the candidate during the enhanced support 

4 qualifying period; 

5 ‘‘(B) a statement of the amount of the pay6 ment the candidate anticipates receiving with re7 spect to the request; and 

8 ‘‘(C) such other information and assurances 

9 as the Commission may require. 

10 ‘‘(5) After submitting a request for the addi11 tional payment under paragraph (4), the candidate 

12 does not submit any other application for an addi13 tional payment under this subtitle. 

14 ‘‘(b) ENHANCED SUPPORT QUALIFYING PERIOD DE15 SCRIBED.—In this subtitle, the term ‘enhanced support 

16 qualifying period’ means, with respect to a general election, 

17 the period which begins 60 days before the date of the elec18 tion and ends 14 days before the date of the election. 

19 ‘‘SEC. 533. AMOUNT. 

20 ‘‘(a) IN GENERAL.—Subject to subsection (b), the 

21 amount of the additional payment made to an eligible can22 didate under this subtitle shall be an amount equal to 50 

23 percent of— 

24 ‘‘(1) the amount of the payment made to the 

25 candidate under section 501(b) with respect to the 


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1 qualified small dollar contributions which are re2 ceived by the candidate during the enhanced support 

3 qualifying period (as included in the request sub4 mitted by the candidate under section 532(a)(4)); or 

5 ‘‘(2) in the case of a candidate who is not eligi6 ble to receive a payment under section 501(b) with re7 spect to such qualified small dollar contributions be8 cause the candidate has reached the limit on the ag9 gregate amount of payments under subtitle A for the 

10 election cycle under section 501(c), the amount of the 

11 payment which would have been made to the can12 didate under section 501(b) with respect to such 

13 qualified small dollar contributions if the candidate 

14 had not reached such limit. 

15 ‘‘(b) LIMIT.—The amount of the additional payment 

16 determined under subsection (a) with respect to a candidate 

17 may not exceed $500,000. 

18 ‘‘(c) NO EFFECT ON AGGREGATE LIMIT.—The amount 

19 of the additional payment made to a candidate under this 

20 subtitle shall not be included in determining the aggregate 

21 amount of payments made to a participating candidate 

22 with respect to an election cycle under section 501(c). 


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1 ‘‘SEC. 534. WAIVER OF AUTHORITY TO RETAIN PORTION OF 

2 UNSPENT FUNDS AFTER ELECTION. 

3 ‘‘Notwithstanding section 524(a)(2), a candidate who 

4 receives an additional payment under this subtitle with re5 spect to an election is not permitted to withhold any portion 

6 from the amount of unspent funds the candidate is required 

7 to remit to the Commission under section 524(a)(1). 

8 ‘‘Subtitle E—Administrative 

9 Provisions 

10 ‘‘SEC. 541. FREEDOM FROM INFLUENCE FUND. 

11 ‘‘(a) ESTABLISHMENT.—There is established in the 

12 Treasury a fund to be known as the ‘Freedom From Influ13 ence Fund’. 

14 ‘‘(b) AMOUNTS HELD BY FUND.—The Fund shall con15 sist of the following amounts: 

16 ‘‘(1) DEPOSITS.—Amounts deposited into the 

17 Fund under— 

18 ‘‘(A) section 521(c)(1)(B) (relating to excep19 tions to contribution requirements); 

20 ‘‘(B) section 523 (relating to remittance of 

21 unused payments from the Fund); and 

22 ‘‘(C) section 544 (relating to violations). 

23 ‘‘(2) INVESTMENT RETURNS.—Interest on, and 

24 the proceeds from, the sale or redemption of any obli25 gations held by the Fund under subsection (c). 


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1 ‘‘(c) INVESTMENT.—The Commission shall invest por2 tions of the Fund in obligations of the United States in 

3 the same manner as provided under section 9602(b) of the 

4 Internal Revenue Code of 1986. 

5 ‘‘(d) USE OF FUND TO MAKE PAYMENTS TO PARTICI6 PATING CANDIDATES.— 

7 ‘‘(1) PAYMENTS TO PARTICIPATING CAN8 DIDATES.—Amounts in the Fund shall be available 

9 without further appropriation or fiscal year limita10 tion to make payments to participating candidates as 

11 provided in this title. 

12 ‘‘(2) MANDATORY REDUCTION OF PAYMENTS IN

13 CASE OF INSUFFICIENT AMOUNTS IN FUND.— 

14 ‘‘(A) ADVANCE AUDITS BY COMMISSION.— 

15 Not later than 90 days before the first day of 

16 each election cycle (beginning with the first elec17 tion cycle that begins after the date of the enact18 ment of this title), the Commission shall— 

19 ‘‘(i) audit the Fund to determine 

20 whether the amounts in the Fund will be 

21 sufficient to make payments to partici22 pating candidates in the amounts provided 

23 in this title during such election cycle; and 

24 ‘‘(ii) submit a report to Congress de25 scribing the results of the audit. 


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1 ‘‘(B) REDUCTIONS IN AMOUNT OF PAY2 MENTS.— 

3 ‘‘(i) AUTOMATIC REDUCTION ON PRO

4 RATA BASIS.—If, on the basis of the audit 

5 described in subparagraph (A), the Commis6 sion determines that the amount antici7 pated to be available in the Fund with re8 spect to the election cycle involved is not, or 

9 may not be, sufficient to satisfy the full en10 titlements of participating candidates to 

11 payments under this title for such election 

12 cycle, the Commission shall reduce each 

13 amount which would otherwise be paid to a 

14 participating candidate under this title by 

15 such pro rata amount as may be necessary 

16 to ensure that the aggregate amount of pay17 ments anticipated to be made with respect 

18 to the election cycle will not exceed the 

19 amount anticipated to be available for such 

20 payments in the Fund with respect to such 

21 election cycle. 

22 ‘‘(ii) RESTORATION OF REDUCTIONS IN

23 CASE OF AVAILABILITY OF SUFFICIENT

24 FUNDS DURING ELECTION CYCLE.—If, after 

25 reducing the amounts paid to participating 


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1 candidates with respect to an election cycle 

2 under clause (i), the Commission determines 

3 that there are sufficient amounts in the 

4 Fund to restore the amount by which such 

5 payments were reduced (or any portion 

6 thereof), to the extent that such amounts are 

7 available, the Commission may make a 

8 payment on a pro rata basis to each such 

9 participating candidate with respect to the 

10 election cycle in the amount by which such 

11 candidate’s payments were reduced under 

12 clause (i) (or any portion thereof, as the 

13 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 participating candidates under 

19 this title, moneys shall not be made avail20 able from any other source for the purpose 

21 of making such payments. 

22 ‘‘(e) USE OF FUND TO MAKE OTHER PAYMENTS.—In 

23 addition to the use described in subsection (d), amounts in 

24 the Fund shall be available without further appropriation 

25 or fiscal year limitation— 


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1 ‘‘(1) to make payments to States under the My 

2 Voice Voucher Program under the Government By the 

3 People Act of 2019, subject to reductions under section 

4 5101(f)(3) of such Act; 

5 ‘‘(2) to make payments to candidates under 

6 chapter 95 of subtitle H of the Internal Revenue Code 

7 of 1986, subject to reductions under section 9013(b) of 

8 such Code; and 

9 ‘‘(3) to make payments to candidates under 

10 chapter 96 of subtitle H of the Internal Revenue Code 

11 of 1986, subject to reductions under section 9043(b) of 

12 such Code. 

13 ‘‘(f) EFFECTIVE DATE.—This section shall take effect 

14 on the date of the enactment of this title. 

15 ‘‘SEC. 542. REVIEWS AND REPORTS BY GOVERNMENT AC16 COUNTABILITY OFFICE. 

17 ‘‘(a) REVIEW OF SMALL DOLLAR FINANCING.— 

18 ‘‘(1) IN GENERAL.—After each regularly sched19 uled general election for Federal office, the Comp20 troller General of the United States shall conduct a 

21 comprehensive review of the Small Dollar financing 

22 program under this title, including— 

23 ‘‘(A) the maximum and minimum dollar 

24 amounts of qualified small dollar contributions 

25 under section 504; 


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1 ‘‘(B) the number and value of qualified 

2 small dollar contributions a candidate is re3 quired to obtain under section 512(a) to be eligi4 ble for certification as a participating candidate; 

5 ‘‘(C) the maximum amount of payments a 

6 candidate may receive under this title; 

7 ‘‘(D) the overall satisfaction of partici8 pating candidates and the American public with 

9 the program; and 

10 ‘‘(E) such other matters relating to financ11 ing of campaigns as the Comptroller General de12 termines are appropriate. 

13 ‘‘(2) CRITERIA FOR REVIEW.—In conducting the 

14 review under subparagraph (A), the Comptroller Gen15 eral shall consider the following: 

16 ‘‘(A) QUALIFIED SMALL DOLLAR CONTRIBU17 TIONS.—Whether the number and dollar amounts 

18 of qualified small dollar contributions required 

19 strikes an appropriate balance regarding the im20 portance of voter involvement, the need to assure 

21 adequate incentives for participating, and fiscal 

22 responsibility, taking into consideration the 

23 number of primary and general election partici24 pating candidates, the electoral performance of 

25 those candidates, program cost, and any other 


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1 information the Comptroller General determines 

2 is appropriate. 

3 ‘‘(B) REVIEW OF PAYMENT LEVELS.— 

4 Whether the totality of the amount of funds al5 lowed to be raised by participating candidates 

6 (including through qualified small dollar con7 tributions) and payments under this title are 

8 sufficient for voters in each State to learn about 

9 the candidates to cast an informed vote, taking 

10 into account the historic amount of spending by 

11 winning candidates, media costs, primary elec12 tion dates, and any other information the Comp13 troller General determines is appropriate. 

14 ‘‘(3) RECOMMENDATIONS FOR ADJUSTMENT OF

15 AMOUNTS.—Based on the review conducted under sub16 paragraph (A), the Comptroller General may rec17 ommend to Congress adjustments of the following 

18 amounts: 

19 ‘‘(A) The number and value of qualified 

20 small dollar contributions a candidate is re21 quired to obtain under section 512(a) to be eligi22 ble for certification as a participating candidate. 

23 ‘‘(B) The maximum amount of payments a 

24 candidate may receive under this title. 


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1 ‘‘(b) REPORTS.—Not later than each June 1 which fol2 lows a regularly scheduled general election for Federal office 

3 for which payments were made under this title, the Comp4 troller General shall submit to the Committee on House Ad5 ministration of the House of Representatives a report— 

6 ‘‘(1) containing an analysis of the review con7 ducted under subsection (a), including a detailed 

8 statement of Comptroller General’s findings, conclu9 sions, and recommendations based on such review, in10 cluding any recommendations for adjustments of 

11 amounts described in subsection (a)(3); and 

12 ‘‘(2) documenting, evaluating, and making rec13 ommendations relating to the administrative imple14 mentation and enforcement of the provisions of this 

15 title. 

16 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 

17 authorized to be appropriated such sums as are necessary 

18 to carry out the purposes of this section. 

19 ‘‘SEC. 543. ADMINISTRATION BY COMMISSION. 

20 ‘‘The Commission shall prescribe regulations to carry 

21 out the purposes of this title, including regulations to estab22 lish procedures for— 

23 ‘‘(1) verifying the amount of qualified small dol24 lar contributions with respect to a candidate; 


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1 ‘‘(2) effectively and efficiently monitoring and 

2 enforcing the limits on the raising of qualified small 

3 dollar contributions; 

4 ‘‘(3) effectively and efficiently monitoring and 

5 enforcing the limits on the use of personal funds by 

6 participating candidates; and 

7 ‘‘(4) monitoring the use of allocations from the 

8 Freedom From Influence Fund established under sec9 tion 541 and matching contributions under this title 

through audits of not fewer than 1 10 ⁄10 (or, in the case 

11 of the first 3 election cycles during which the program 

under this title is in effect, not fewer than 1 12 ⁄3) of all 

13 participating candidates or other mechanisms. 

14 ‘‘SEC. 544. VIOLATIONS AND PENALTIES. 

15 ‘‘(a) CIVIL PENALTY FOR VIOLATION OF CONTRIBU16 TION AND EXPENDITURE REQUIREMENTS.—If a candidate 

17 who has been certified as a participating candidate accepts 

18 a contribution or makes an expenditure that is prohibited 

19 under section 521, the Commission may assess a civil pen20 alty against the candidate in an amount that is not more 

21 than 3 times the amount of the contribution or expenditure. 

22 Any amounts collected under this subsection shall be depos23 ited into the Freedom From Influence Fund established 

24 under section 541. 


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1 ‘‘(b) REPAYMENT FOR IMPROPER USE OF FREEDOM

2 FROM INFLUENCE FUND.— 

3 ‘‘(1) IN GENERAL.—If the Commission deter4 mines that any payment made to a participating 

5 candidate was not used as provided for in this title 

6 or that a participating candidate has violated any of 

7 the dates for remission of funds contained in this 

8 title, the Commission shall so notify the candidate 

9 and the candidate shall pay to the Fund an amount 

10 equal to— 

11 ‘‘(A) the amount of payments so used or not 

12 remitted, as appropriate; and 

13 ‘‘(B) interest on any such amounts (at a 

14 rate determined by the Commission). 

15 ‘‘(2) OTHER ACTION NOT PRECLUDED.—Any ac16 tion by the Commission in accordance with this sub17 section shall not preclude enforcement proceedings by 

18 the Commission in accordance with section 309(a), 

19 including a referral by the Commission to the Attor20 ney General in the case of an apparent knowing and 

21 willful violation of this title. 

22 ‘‘(c) PROHIBITING CANDIDATES SUBJECT TO CRIMI23 NAL PENALTY FROM QUALIFYING AS PARTICIPATING CAN24 DIDATES.—A candidate is not eligible to be certified as a 

25 participating candidate under this title with respect to an 


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1 election if a penalty has been assessed against the candidate 

2 under section 309(d) with respect to any previous election. 

3 ‘‘SEC. 545. APPEALS PROCESS. 

4 ‘‘(a) REVIEW OF ACTIONS.—Any action by the Com5 mission in carrying out this title shall be subject to review 

6 by the United States Court of Appeals for the District of 

7 Columbia upon petition filed in the Court not later than 

8 30 days after the Commission takes the action for which 

9 the review is sought. 

10 ‘‘(b) PROCEDURES.—The provisions of chapter 7 of 

11 title 5, United States Code, apply to judicial review under 

12 this section. 

13 ‘‘SEC. 546. INDEXING OF AMOUNTS. 

14 ‘‘(a) INDEXING.—In any calendar year after 2024, sec15 tion 315(c)(1)(B) shall apply to each amount described in 

16 subsection (b) in the same manner as such section applies 

17 to the limitations established under subsections (a)(1)(A), 

18 (a)(1)(B), (a)(3), and (h) of such section, except that for 

19 purposes of applying such section to the amounts described 

20 in subsection (b), the ‘base period’ shall be 2024. 

21 ‘‘(b) AMOUNTS DESCRIBED.—The amounts described 

22 in this subsection are as follows: 

23 ‘‘(1) The amount referred to in section 502(b)(1) 

24 (relating to the minimum amount of qualified small 


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1 dollar contributions included in a request for pay2 ment). 

3 ‘‘(2) The amounts referred to in section 

4 504(a)(1) (relating to the amount of a qualified small 

5 dollar contribution). 

6 ‘‘(3) The amount referred to in section 512(a)(2) 

7 (relating to the total dollar amount of qualified small 

8 dollar contributions). 

9 ‘‘(4) The amount referred to in section 521(a)(5) 

10 (relating to the aggregate amount of contributions a 

11 participating candidate may accept from any indi12 vidual with respect to an election). 

13 ‘‘(5) The amount referred to in section 

14 521(b)(1)(A) (relating to the amount of personal 

15 funds that may be used by a candidate who is cer16 tified as a participating candidate). 

17 ‘‘(6) The amounts referred to in section 

18 524(a)(2) (relating to the amount of unspent funds a 

19 candidate may retain for use in the next election 

20 cycle). 

21 ‘‘(7) The amount referred to in section 532(a)(3) 

22 (relating to the total dollar amount of qualified small 

23 dollar contributions for a candidate seeking an addi24 tional payment under subtitle D). 


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1 ‘‘(8) The amount referred to in section 533(b) 

2 (relating to the limit on the amount of an additional 

3 payment made to a candidate under subtitle D). 

4 ‘‘SEC. 547. ELECTION CYCLE DEFINED. 

5 ‘‘In this title, the term ‘election cycle’ means, with re6 spect to an election for an office, the period beginning on 

7 the day after the date of the most recent general election 

8 for that office (or, if the general election resulted in a runoff 

9 election, the date of the runoff election) and ending on the 

10 date of the next general election for that office (or, if the 

11 general election resulted in a runoff election, the date of the 

12 runoff election).’’. 

13 SEC. 5112. CONTRIBUTIONS AND EXPENDITURES BY MULTI14 CANDIDATE AND POLITICAL PARTY COMMIT15 TEES ON BEHALF OF PARTICIPATING CAN16 DIDATES. 

17 (a) AUTHORIZING CONTRIBUTIONS ONLY FROM SEPA18 RATE ACCOUNTS CONSISTING OF QUALIFIED SMALL DOL19 LAR CONTRIBUTIONS.—Section 315(a) of the Federal Elec20 tion Campaign Act of 1971 (52 U.S.C. 30116(a)) is amend21 ed by adding at the end the following new paragraph: 

22 ‘‘(10) In the case of a multicandidate political com23 mittee or any political committee of a political party, the 

24 committee may make a contribution to a candidate who is 

25 a participating candidate under title V with respect to an 


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1 election only if the contribution is paid from a separate, 

2 segregated account of the committee which consists solely 

3 of contributions which meet the following requirements: 

4 ‘‘(A) Each such contribution is in an amount 

5 which meets the requirements for the amount of a 

6 qualified small dollar contribution under section 

7 504(a)(1) with respect to the election involved. 

8 ‘‘(B) Each such contribution is made by an indi9 vidual who is not otherwise prohibited from making 

10 a contribution under this Act. 

11 ‘‘(C) The individual who makes the contribution 

12 does not make contributions to the committee during 

13 the year in an aggregate amount that exceeds the 

14 limit described in section 504(a)(1).’’. 

15 (b) PERMITTING UNLIMITED COORDINATED EXPENDI16 TURES FROM SMALL DOLLAR SOURCES BY POLITICAL PAR17 TIES.—Section 315(d) of such Act (52 U.S.C. 30116(d)) is 

18 amended— 

19 (1) in paragraph (3), by striking ‘‘The national 

20 committee’’ and inserting ‘‘Except as provided in 

21 paragraph (5), the national committee’’; and 

22 (2) by adding at the end the following new para23 graph: 

24 ‘‘(5) The limits described in paragraph (3) do not 

25 apply in the case of expenditures in connection with the 


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1 general election campaign of a candidate for the office of 

2 Representative in, or Delegate or Resident Commissioner 

3 to, the Congress who is a participating candidate under 

4 title V with respect to the election, but only if— 

5 ‘‘(A) the expenditures are paid from a separate, 

6 segregated account of the committee which is described 

7 in subsection (a)(9); and 

8 ‘‘(B) the expenditures are the sole source of fund9 ing provided by the committee to the candidate.’’. 

10 SEC. 5113. PROHIBITING USE OF CONTRIBUTIONS BY PAR11 TICIPATING CANDIDATES FOR PURPOSES 

12 OTHER THAN CAMPAIGN FOR ELECTION. 

13 Section 313 of the Federal Election Campaign Act of 

14 1971 (52 U.S.C. 30114) is amended by adding at the end 

15 the following new subsection: 

16 ‘‘(d) RESTRICTIONS ON PERMITTED USES OF FUNDS

17 BY CANDIDATES RECEIVING SMALL DOLLAR FINANCING.— 

18 Notwithstanding paragraph (2), (3), or (4) of subsection 

19 (a), if a candidate for election for the office of Representa20 tive in, or Delegate or Resident Commissioner to, the Con21 gress is certified as a participating candidate under title 

22 V with respect to the election, any contribution which the 

23 candidate is permitted to accept under such title may be 

24 used only for authorized expenditures in connection with 


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1 the candidate’s campaign for such office, subject to section 

2 503(b).’’. 

3 SEC. 5114. EFFECTIVE DATE. 

4 (a) IN GENERAL.—Except as may otherwise be pro5 vided in this part and in the amendments made by this 

6 part, this part and the amendments made by this part shall 

7 apply with respect to elections occurring during 2026 or 

8 any succeeding year, without regard to whether or not the 

9 Federal Election Commission has promulgated the final 

10 regulations necessary to carry out this part and the amend11 ments made by this part by the deadline set forth in sub12 section (b). 

13 (b) DEADLINE FOR REGULATIONS.—Not later than 

14 June 30, 2024, the Federal Election Commission shall pro15 mulgate such regulations as may be necessary to carry out 

16 this part and the amendments made by this part. 

17 Subtitle C—Presidential Elections 

18 SEC. 5200. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘Empower Act of 

20 2019’’. 

21 PART 1—PRIMARY ELECTIONS 

22 SEC. 5201. INCREASE IN AND MODIFICATIONS TO MATCH23 ING PAYMENTS. 

24 (a) INCREASE AND MODIFICATION.— 


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1 (1) IN GENERAL.—The first sentence of section 

2 9034(a) of the Internal Revenue Code of 1986 is 

3 amended— 

4 (A) by striking ‘‘an amount equal to the 

5 amount of each contribution’’ and inserting ‘‘an 

6 amount equal to 600 percent of the amount of 

7 each matchable contribution (disregarding any 

8 amount of contributions from any person to the 

9 extent that the total of the amounts contributed 

10 by such person for the election exceeds $200)’’; 

11 and 

12 (B) by striking ‘‘authorized committees’’ 

13 and all that follows through ‘‘$250’’ and insert14 ing ‘‘authorized committees’’. 

15 (2) MATCHABLE CONTRIBUTIONS.—Section 9034 

16 of such Code is amended— 

17 (A) by striking the last sentence of sub18 section (a); and 

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

20 subsection: 

21 ‘‘(c) MATCHABLE CONTRIBUTION DEFINED.—For pur22 poses of this section and section 9033(b)— 

23 ‘‘(1) MATCHABLE CONTRIBUTION.—The term 

24 ‘matchable contribution’ means, with respect to the 

25 nomination for election to the office of President of 


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1 the United States, a contribution by an individual to 

2 a candidate or an authorized committee of a can3 didate with respect to which the candidate has cer4 tified in writing that— 

5 ‘‘(A) the individual making such contribu6 tion has not made aggregate contributions (in7 cluding such matchable contribution) to such 

8 candidate and the authorized committees of such 

9 candidate in excess of $1,000 for the election; 

10 ‘‘(B) such candidate and the authorized 

11 committees of such candidate will not accept con12 tributions from such individual (including such 

13 matchable contribution) aggregating more than 

14 the amount described in subparagraph (A); and 

15 ‘‘(C) such contribution was a direct con16 tribution. 

17 ‘‘(2) CONTRIBUTION.—For purposes of this sub18 section, the term ‘contribution’ means a gift of money 

19 made by a written instrument which identifies the in20 dividual making the contribution by full name and 

21 mailing address, but does not include a subscription, 

22 loan, advance, or deposit of money, or anything of 

23 value or anything described in subparagraph (B), 

24 (C), or (D) of section 9032(4). 

25 ‘‘(3) DIRECT CONTRIBUTION.— 


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1 ‘‘(A) IN GENERAL.—For purposes of this 

2 subsection, the term ‘direct contribution’ means, 

3 with respect to a candidate, a contribution which 

4 is made directly by an individual to the can5 didate or an authorized committee of the can6 didate and is not— 

7 ‘‘(i) forwarded from the individual 

8 making the contribution to the candidate or 

9 committee by another person; or 

10 ‘‘(ii) received by the candidate or com11 mittee with the knowledge that the contribu12 tion was made at the request, suggestion, or 

13 recommendation of another person. 

14 ‘‘(B) OTHER DEFINITIONS.—In subpara15 graph (A)— 

16 ‘‘(i) the term ‘person’ does not include 

17 an individual (other than an individual de18 scribed in section 304(i)(7) of the Federal 

19 Election Campaign Act of 1971), a political 

20 committee of a political party, or any polit21 ical committee which is not a separate seg22 regated fund described in section 316(b) of 

23 the Federal Election Campaign Act of 1971 

24 and which does not make contributions or 

25 independent expenditures, does not engage 


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1 in lobbying activity under the Lobbying 

2 Disclosure Act of 1995 (2 U.S.C. 1601 et 

3 seq.), and is not established by, controlled 

4 by, or affiliated with a registered lobbyist 

5 under such Act, an agent of a registered lob6 byist under such Act, or an organization 

7 which retains or employs a registered lob8 byist under such Act; and 

9 ‘‘(ii) a contribution is not ‘made at the 

10 request, suggestion, or recommendation of 

11 another person’ solely on the grounds that 

12 the contribution is made in response to in13 formation provided to the individual mak14 ing the contribution by any person, so long 

15 as the candidate or authorized committee 

16 does not know the identity of the person 

17 who provided the information to such indi18 vidual.’’. 

19 (3) CONFORMING AMENDMENTS.— 

20 (A) Section 9032(4) of such Code is amend21 ed by striking ‘‘section 9034(a)’’ and inserting 

22 ‘‘section 9034’’. 

23 (B) Section 9033(b)(3) of such Code is 

24 amended by striking ‘‘matching contributions’’ 

25 and inserting ‘‘matchable contributions’’. 


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1 (b) MODIFICATION OF PAYMENT LIMITATION.—Section 

2 9034(a) of such Code is amended— 

3 (1) by striking ‘‘Every’’ and inserting the fol4 lowing: 

5 ‘‘(1) IN GENERAL.—Every’’; 

6 (2) by striking ‘‘shall not exceed’’ and all that 

7 follows and inserting ‘‘shall not exceed 

8 $250,000,000.’’, and 

9 (3) by adding at the end the following new para10 graph: 

11 ‘‘(2) INFLATION ADJUSTMENT.— 

12 ‘‘(A) IN GENERAL.—In the case of any ap13 plicable period beginning after 2029, the dollar 

14 amount in paragraph (1) shall be increased by 

15 an amount equal to— 

16 ‘‘(i) such dollar amount, multiplied by 

17 ‘‘(ii) the cost-of-living adjustment de18 termined under section 1(f)(3) for the cal19 endar year following the year which such 

20 applicable period begins, determined by sub21 stituting ‘calendar year 2028’ for ‘calendar 

22 year 1992’ in subparagraph (B) thereof. 

23 ‘‘(B) APPLICABLE PERIOD.—For purposes 

24 of this paragraph, the term ‘applicable period’ 

25 means the 4-year period beginning with the first 


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1 day following the date of the general election for 

2 the office of President and ending on the date of 

3 the next such general election. 

4 ‘‘(C) ROUNDING.—If any amount as ad5 justed under subparagraph (1) is not a multiple 

6 of $10,000, such amount shall be rounded to the 

7 nearest multiple of $10,000.’’. 

8 SEC. 5202. ELIGIBILITY REQUIREMENTS FOR MATCHING 

9 PAYMENTS. 

10 (a) AMOUNT OF AGGREGATE CONTRIBUTIONS PER

11 STATE; DISREGARDING OF AMOUNTS CONTRIBUTED IN EX12 CESS OF $200.—Section 9033(b)(3) of the Internal Revenue 

13 Code of 1986 is amended— 

14 (1) by striking ‘‘$5,000’’ and inserting 

15 ‘‘$25,000’’; and 

16 (2) by striking ‘‘20 States’’ and inserting the fol17 lowing: ‘‘20 States (disregarding any amount of con18 tributions from any such resident to the extent that 

19 the total of the amounts contributed by such resident 

20 for the election exceeds $200)’’. 

21 (b) CONTRIBUTION LIMIT.— 

22 (1) IN GENERAL.—Paragraph (4) of section 

23 9033(b) of such Code is amended to read as follows: 

24 ‘‘(4) the candidate and the authorized commit25 tees of the candidate will not accept aggregate conVerDate Sep 11 2014 01:44 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00360 Fmt 6652 Sfmt 6203 E:\BILLS\H1.RH H1

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1 tributions from any person with respect to the nomi2 nation for election to the office of President of the 

3 United States in excess of $1,000 for the election.’’. 

4 (2) CONFORMING AMENDMENTS.— 

5 (A) Section 9033(b) of such Code is amend6 ed by adding at the end the following new flush 

7 sentence: 

8 ‘‘For purposes of paragraph (4), the term ‘contribution’ has 

9 the meaning given such term in section 301(8) of the Fed10 eral Election Campaign Act of 1971.’’. 

11 (B) Section 9032(4) of such Code, as 

12 amended by section 5201(a)(3)(A), is amended 

13 by inserting ‘‘or 9033(b)’’ after ‘‘9034’’. 

14 (c) PARTICIPATION IN SYSTEM FOR PAYMENTS FOR

15 GENERAL ELECTION.—Section 9033(b) of such Code is 

16 amended— 

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

18 (3); 

19 (2) by striking the period at the end of para20 graph (4) and inserting ‘‘, and’’; and 

21 (3) by inserting after paragraph (4) the fol22 lowing new paragraph: 

23 ‘‘(5) if the candidate is nominated by a political 

24 party for election to the office of President, the can25 didate will apply for and accept payments with reVerDate Sep 11 2014 01:44 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00361 Fmt 6652 Sfmt 6203 E:\BILLS\H1.RH H1

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1 spect to the general election for such office in accord2 ance with chapter 95.’’. 

3 (d) PROHIBITION ON JOINT FUNDRAISING COMMIT4 TEES.—Section 9033(b) of such Code, as amended by sub5 section (c), is amended— 

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

7 (4); 

8 (2) by striking the period at the end of para9 graph (5) and inserting ‘‘; and’’; and 

10 (3) by inserting after paragraph (5) the fol11 lowing new paragraph: 

12 ‘‘(6) the candidate will not establish a joint 

13 fundraising committee with a political committee 

14 other than another authorized committee of the can15 didate, except that candidate established a joint fund16 raising committee with respect to a prior election for 

17 which the candidate was not eligible to receive pay18 ments under section 9037 and the candidate does not 

19 terminate the committee, the candidate shall not be 

20 considered to be in violation of this paragraph so long 

21 as that joint fundraising committee does not receive 

22 any contributions or make any disbursements during 

23 the election cycle for which the candidate is eligible 

24 to receive payments under such section.’’. 


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1 SEC. 5203. REPEAL OF EXPENDITURE LIMITATIONS. 

2 (a) IN GENERAL.—Subsection (a) of section 9035 of 

3 the Internal Revenue Code of 1986 is amended to read as 

4 follows: 

5 ‘‘(a) PERSONAL EXPENDITURE LIMITATION.—No can6 didate shall knowingly make expenditures from his personal 

7 funds, or the personal funds of his immediate family, in 

8 connection with his campaign for nomination for election 

9 to the office of President in excess of, in the aggregate, 

10 $50,000.’’. 

11 (b) CONFORMING AMENDMENT.—Paragraph (1) of sec12 tion 9033(b) of the Internal Revenue Code of 1986 is 

13 amended to read as follows: 

14 ‘‘(1) the candidate will comply with the personal 

15 expenditure limitation under section 9035,’’. 

16 SEC. 5204. PERIOD OF AVAILABILITY OF MATCHING PAY17 MENTS. 

18 Section 9032(6) of the Internal Revenue Code of 1986 

19 is amended by striking ‘‘the beginning of the calendar year 

20 in which a general election for the office of President of the 

21 United States will be held’’ and inserting ‘‘the date that 

22 is 6 months prior to the date of the earliest State primary 

23 election’’. 


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1 SEC. 5205. EXAMINATION AND AUDITS OF MATCHABLE CON2 TRIBUTIONS. 

3 Section 9038(a) of the Internal Revenue Code of 1986 

4 is amended by inserting ‘‘and matchable contributions ac5 cepted by’’ after ‘‘qualified campaign expenses of’’. 

6 SEC. 5206. MODIFICATION TO LIMITATION ON CONTRIBU7 TIONS FOR PRESIDENTIAL PRIMARY CAN8 DIDATES. 

9 Section 315(a)(6) of the Federal Election Campaign 

10 Act of 1971 (52 U.S.C. 30116(a)(6)) is amended by striking 

11 ‘‘calendar year’’ and inserting ‘‘four-year election cycle’’. 

12 SEC. 5207. USE OF FREEDOM FROM INFLUENCE FUND AS 

13 SOURCE OF PAYMENTS. 

14 (a) IN GENERAL.—Chapter 96 of subtitle H of the In15 ternal Revenue Code of 1986 is amended by adding at the 

16 end the following new section: 

17 ‘‘SEC. 9043. USE OF FREEDOM FROM INFLUENCE FUND AS 

18 SOURCE OF PAYMENTS. 

19 ‘‘(a) IN GENERAL.—Notwithstanding any other provi20 sion of this chapter, effective with respect to the Presidential 

21 election held in 2028 and each succeeding Presidential elec22 tion, all payments made to candidates under this chapter 

23 shall be made from the Freedom From Influence Fund es24 tablished under section 541 of the Federal Election Cam25 paign Act of 1971 (hereafter in this section referred to as 

26 the ‘Fund’). 


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1 ‘‘(b) MANDATORY REDUCTION OF PAYMENTS IN CASE

2 OF INSUFFICIENT AMOUNTS IN FUND.— 

3 ‘‘(1) ADVANCE AUDITS BY COMMISSION.—Not 

4 later than 90 days before the first day of each Presi5 dential election cycle (beginning with the cycle for the 

6 election held in 2028), the Commission shall— 

7 ‘‘(A) audit the Fund to determine whether, 

8 after first making payments to participating 

9 candidates under title V of the Federal Election 

10 Campaign Act of 1971 and then making pay11 ments to States under the My Voice Voucher Pro12 gram under the Government By the People Act 

13 of 2019, the amounts remaining in the Fund 

14 will be sufficient to make payments to can15 didates under this chapter in the amounts pro16 vided under this chapter during such election 

17 cycle; and 

18 ‘‘(B) submit a report to Congress describing 

19 the results of the audit. 

20 ‘‘(2) REDUCTIONS IN AMOUNT OF PAYMENTS.— 

21 ‘‘(A) AUTOMATIC REDUCTION ON PRO RATA

22 BASIS.—If, on the basis of the audit described in 

23 paragraph (1), the Commission determines that 

24 the amount anticipated to be available in the 

25 Fund with respect to the Presidential election 


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1 cycle involved is not, or may not be, sufficient to 

2 satisfy the full entitlements of candidates to pay3 ments under this chapter for such cycle, the 

4 Commission shall reduce each amount which 

5 would otherwise be paid to a candidate under 

6 this chapter by such pro rata amount as may be 

7 necessary to ensure that the aggregate amount of 

8 payments anticipated to be made with respect to 

9 the cycle will not exceed the amount anticipated 

10 to be available for such payments in the Fund 

11 with respect to such cycle. 

12 ‘‘(B) RESTORATION OF REDUCTIONS IN

13 CASE OF AVAILABILITY OF SUFFICIENT FUNDS

14 DURING ELECTION CYCLE.—If, after reducing the 

15 amounts paid to candidates with respect to an 

16 election cycle under subparagraph (A), the Com17 mission 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 are 

21 available, the Commission may make a payment 

22 on a pro rata basis to each such candidate with 

23 respect to the election cycle in the amount by 

24 which such candidate’s payments were reduced 


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1 under subparagraph (A) (or any portion thereof, 

2 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 candidates 

7 under this chapter, moneys shall not be made 

8 available from any other source for the purpose 

9 of making such payments. 

10 ‘‘(3) NO EFFECT ON AMOUNTS TRANSFERRED

11 FOR PEDIATRIC RESEARCH INITIATIVE.—This section 

12 does not apply to the transfer of funds under section 

13 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 end19 ing on the date of the Presidential election.’’. 

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

21 chapter 96 of subtitle H of such Code is amended by adding 

22 at the end the following new item: 

‘‘Sec. 9043. Use of Freedom From Influence Fund as source of payments.’’. 


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1 PART 2—GENERAL ELECTIONS 

2 SEC. 5211. MODIFICATION OF ELIGIBILITY REQUIREMENTS 

3 FOR PUBLIC FINANCING. 

4 Subsection (a) of section 9003 of the Internal Revenue 

5 Code of 1986 is amended to read as follows: 

6 ‘‘(a) IN GENERAL.—In order to be eligible to receive 

7 any payments under section 9006, the candidates of a polit8 ical party in a Presidential election shall meet the following 

9 requirements: 

10 ‘‘(1) PARTICIPATION IN PRIMARY PAYMENT SYS11 TEM.—The candidate for President received payments 

12 under chapter 96 for the campaign for nomination for 

13 election to be President. 

14 ‘‘(2) AGREEMENTS WITH COMMISSION.—The can15 didates, in writing— 

16 ‘‘(A) agree to obtain and furnish to the 

17 Commission such evidence as it may request of 

18 the qualified campaign expenses of such can19 didates, 

20 ‘‘(B) agree to keep and furnish to the Com21 mission such records, books, and other informa22 tion as it may request, and 

23 ‘‘(C) agree to an audit and examination by 

24 the Commission under section 9007 and to pay 

25 any amounts required to be paid under such sec26 tion. 


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1 ‘‘(3) PROHIBITION ON JOINT FUNDRAISING COM2 MITTEES.— 

3 ‘‘(A) PROHIBITION.—The candidates cer4 tifies in writing that the candidates will not es5 tablish a joint fundraising committee with a po6 litical committee other than another authorized 

7 committee of the candidate. 

8 ‘‘(B) STATUS OF EXISTING COMMITTEES

9 FOR PRIOR ELECTIONS.—If a candidate estab10 lished a joint fundraising committee described in 

11 subparagraph (A) with respect to a prior election 

12 for which the candidate was not eligible to re13 ceive payments under section 9006 and the can14 didate does not terminate the committee, the can15 didate shall not be considered to be in violation 

16 of subparagraph (A) so long as that joint fund17 raising committee does not receive any contribu18 tions or make any disbursements with respect to 

19 the election for which the candidate is eligible to 

20 receive payments under section 9006.’’. 

21 SEC. 5212. REPEAL OF EXPENDITURE LIMITATIONS AND 

22 USE OF QUALIFIED CAMPAIGN CONTRIBU23 TIONS. 

24 (a) USE OF QUALIFIED CAMPAIGN CONTRIBUTIONS

25 WITHOUT EXPENDITURE LIMITS; APPLICATION OF SAME


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1 REQUIREMENTS FOR MAJOR, MINOR, AND NEW PARTIES.— 

2 Section 9003 of the Internal Revenue Code of 1986 is 

3 amended by striking subsections (b) and (c) and inserting 

4 the following: 

5 ‘‘(b) USE OF QUALIFIED CAMPAIGN CONTRIBUTIONS

6 TO DEFRAY EXPENSES.— 

7 ‘‘(1) IN GENERAL.—In order to be eligible to re8 ceive any payments under section 9006, the can9 didates of a party in a Presidential election shall cer10 tify to the Commission, under penalty of perjury, 

11 that— 

12 ‘‘(A) such candidates and their authorized 

13 committees have not and will not accept any 

14 contributions to defray qualified campaign ex15 penses other than— 

16 ‘‘(i) qualified campaign contributions, 

17 and 

18 ‘‘(ii) contributions to the extent nec19 essary to make up any deficiency payments 

20 received out of the fund on account of the 

21 application of section 9006(c), and 

22 ‘‘(B) such candidates and their authorized 

23 committees have not and will not accept any 

24 contribution to defray expenses which would be 


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1 qualified campaign expenses but for subpara2 graph (C) of section 9002(11). 

3 ‘‘(2) TIMING OF CERTIFICATION.—The candidate 

4 shall make the certification required under this sub5 section at the same time the candidate makes the cer6 tification required under subsection (a)(3).’’. 

7 (b) DEFINITION OF QUALIFIED CAMPAIGN CONTRIBU8 TION.—Section 9002 of such Code is amended by adding 

9 at the end the following new paragraph: 

10 ‘‘(13) QUALIFIED CAMPAIGN CONTRIBUTION.— 

11 The term ‘qualified campaign contribution’ means, 

12 with respect to any election for the office of President 

13 of the United States, a contribution from an indi14 vidual to a candidate or an authorized committee of 

15 a candidate which— 

16 ‘‘(A) does not exceed $1,000 for the election; 

17 and 

18 ‘‘(B) with respect to which the candidate 

19 has certified in writing that— 

20 ‘‘(i) the individual making such con21 tribution has not made aggregate contribu22 tions (including such qualified contribu23 tion) to such candidate and the authorized 

24 committees of such candidate in excess of 


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1 the amount described in subparagraph (A), 

2 and 

3 ‘‘(ii) such candidate and the author4 ized committees of such candidate will not 

5 accept contributions from such individual 

6 (including such qualified contribution) ag7 gregating more than the amount described 

8 in subparagraph (A) with respect to such 

9 election.’’. 

10 (c) CONFORMING AMENDMENTS.— 

11 (1) REPEAL OF EXPENDITURE LIMITS.— 

12 (A) IN GENERAL.—Section 315 of the Fed13 eral Election Campaign Act of 1971 (52 U.S.C. 

14 30116) is amended by striking subsection (b). 

15 (B) CONFORMING AMENDMENTS.—Section 

16 315(c) of such Act (52 U.S.C. 30116(c)) is 

17 amended— 

18 (i) in paragraph (1)(B)(i), by striking 

19 ‘‘, (b)’’; and 

20 (ii) in paragraph (2)(B)(i), by striking 

21 ‘‘subsections (b) and (d)’’ and inserting 

22 ‘‘subsection (d)’’. 

23 (2) REPEAL OF REPAYMENT REQUIREMENT.— 

24 (A) IN GENERAL.—Section 9007(b) of the 

25 Internal Revenue Code of 1986 is amended by 


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1 striking paragraph (2) and redesignating para2 graphs (3), (4), and (5) as paragraphs (2), (3), 

3 and (4), respectively. 

4 (B) CONFORMING AMENDMENT.—Paragraph 

5 (2) of section 9007(b) of such Code, as redesig6 nated by subparagraph (A), is amended— 

7 (i) by striking ‘‘a major party’’ and 

8 inserting ‘‘a party’’; 

9 (ii) by inserting ‘‘qualified contribu10 tions and’’ after ‘‘contributions (other 

11 than’’; and 

12 (iii) by striking ‘‘(other than qualified 

13 campaign expenses with respect to which 

14 payment is required under paragraph (2))’’. 

15 (3) CRIMINAL PENALTIES.— 

16 (A) REPEAL OF PENALTY FOR EXCESS EX17 PENSES.—Section 9012 of the Internal Revenue 

18 Code of 1986 is amended by striking subsection 

19 (a). 

20 (B) PENALTY FOR ACCEPTANCE OF DIS21 ALLOWED CONTRIBUTIONS; APPLICATION OF

22 SAME PENALTY FOR CANDIDATES OF MAJOR, 

23 MINOR, AND NEW PARTIES.—Subsection (b) of 

24 section 9012 of such Code is amended to read as 

25 follows: 


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1 ‘‘(b) CONTRIBUTIONS.— 

2 ‘‘(1) ACCEPTANCE OF DISALLOWED CONTRIBU3 TIONS.—It shall be unlawful for an eligible candidate 

4 of a party in a Presidential election or any of his au5 thorized committees knowingly and willfully to ac6 cept— 

7 ‘‘(A) any contribution other than a quali8 fied campaign contribution to defray qualified 

9 campaign expenses, except to the extent necessary 

10 to make up any deficiency in payments received 

11 out of the fund on account of the application of 

12 section 9006(c); or 

13 ‘‘(B) any contribution to defray expenses 

14 which would be qualified campaign expenses but 

15 for subparagraph (C) of section 9002(11). 

16 ‘‘(2) PENALTY.—Any person who violates para17 graph (1) shall be fined not more than $5,000, or im18 prisoned not more than one year, or both. In the case 

19 of a violation by an authorized committee, any officer 

20 or member of such committee who knowingly and 

21 willfully consents to such violation shall be fined not 

22 more than $5,000, or imprisoned not more than one 

23 year, or both.’’. 


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1 SEC. 5213. MATCHING PAYMENTS AND OTHER MODIFICA2 TIONS TO PAYMENT AMOUNTS. 

3 (a) IN GENERAL.— 

4 (1) AMOUNT OF PAYMENTS; APPLICATION OF

5 SAME AMOUNT FOR CANDIDATES OF MAJOR, MINOR, 

6 AND NEW PARTIES.—Subsection (a) of section 9004 of 

7 the Internal Revenue Code of 1986 is amended to read 

8 as follows: 

9 ‘‘(a) IN GENERAL.—Subject to the provisions of this 

10 chapter, the eligible candidates of a party in a Presidential 

11 election shall be entitled to equal payment under section 

12 9006 in an amount equal to 600 percent of the amount of 

13 each matchable contribution received by such candidate or 

14 by the candidate’s authorized committees (disregarding any 

15 amount of contributions from any person to the extent that 

16 the total of the amounts contributed by such person for the 

17 election exceeds $200), except that total amount to which 

18 a candidate is entitled under this paragraph shall not ex19 ceed $250,000,000.’’. 

20 (2) REPEAL OF SEPARATE LIMITATIONS FOR

21 CANDIDATES OF MINOR AND NEW PARTIES; INFLATION

22 ADJUSTMENT.—Subsection (b) of section 9004 of such 

23 Code is amended to read as follows: 

24 ‘‘(b) INFLATION ADJUSTMENT.— 

25 ‘‘(1) IN GENERAL.—In the case of any applicable 

26 period beginning after 2029, the $250,000,000 dollar 


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1 amount in subsection (a) shall be increased by an 

2 amount equal to— 

3 ‘‘(A) such dollar amount; multiplied by 

4 ‘‘(B) the cost-of-living adjustment deter5 mined under section 1(f)(3) for the calendar year 

6 following the year which such applicable period 

7 begins, determined by substituting ‘calendar year 

8 2028’ for ‘calendar year 1992’ in subparagraph 

9 (B) thereof. 

10 ‘‘(2) APPLICABLE PERIOD.—For purposes of this 

11 subsection, the term ‘applicable period’ means the 4- 

12 year period beginning with the first day following the 

13 date of the general election for the office of President 

14 and ending on the date of the next such general elec15 tion. 

16 ‘‘(3) ROUNDING.—If any amount as adjusted 

17 under paragraph (1) is not a multiple of $10,000, 

18 such amount shall be rounded to the nearest multiple 

19 of $10,000.’’. 

20 (3) CONFORMING AMENDMENT.—Section 9005(a) 

21 of such Code is amended by adding at the end the fol22 lowing new sentence: ‘‘The Commission shall make 

23 such additional certifications as may be necessary to 

24 receive payments under section 9004.’’. 


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1 (b) MATCHABLE CONTRIBUTION.—Section 9002 of 

2 such Code, as amended by section 5212(b), is amended by 

3 adding at the end the following new paragraph: 

4 ‘‘(14) MATCHABLE CONTRIBUTION.—The term 

5 ‘matchable contribution’ means, with respect to the 

6 election to the office of President of the United States, 

7 a contribution by an individual to a candidate or an 

8 authorized committee of a candidate with respect to 

9 which the candidate has certified in writing that— 

10 ‘‘(A) the individual making such contribu11 tion has not made aggregate contributions (in12 cluding such matchable contribution) to such 

13 candidate and the authorized committees of such 

14 candidate in excess of $1,000 for the election; 

15 ‘‘(B) such candidate and the authorized 

16 committees of such candidate will not accept con17 tributions from such individual (including such 

18 matchable contribution) aggregating more than 

19 the amount described in subparagraph (A) with 

20 respect to such election; and 

21 ‘‘(C) such contribution was a direct con22 tribution (as defined in section 9034(c)(3)).’’. 


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1 SEC. 5214. INCREASE IN LIMIT ON COORDINATED PARTY EX2 PENDITURES. 

3 (a) IN GENERAL.—Section 315(d)(2) of the Federal 

4 Election Campaign Act of 1971 (52 U.S.C. 30116(d)(2)) is 

5 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 affili22 ated 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 

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1 mittee of a candidate for the office of President of the 

2 United States.’’. 

3 (b) CONFORMING AMENDMENTS RELATING TO TIMING

4 OF COST-OF-LIVING ADJUSTMENT.— 

5 (1) IN GENERAL.—Section 315(c)(1) of such Act 

6 (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 ef16 fect 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; 


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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 Inter11 nal Revenue Code of 1986 is amended to read as fol12 lows: 

13 ‘‘(b) PAYMENTS FROM THE FUND.—If the Secretary 

14 of the Treasury receives a certification from the Commission 

15 under section 9005 for payment to the eligible candidates 

16 of a political party, the Secretary shall pay to such can17 didates out of the fund the amount certified by the Commis18 sion 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.’’. 


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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 (b)’’. 

6 (b) TIME FOR CERTIFICATION.—Section 9005(a) of the 

7 Internal Revenue Code of 1986 is amended by striking ‘‘10 

8 days’’ and inserting ‘‘24 hours’’. 

9 SEC. 5216. AMOUNTS IN PRESIDENTIAL ELECTION CAM10 PAIGN FUND. 

11 Section 9006(c) of the Internal Revenue Code of 1986 

12 is amended by adding at the end the following new sentence: 

13 ‘‘In making a determination of whether there are insuffi14 cient moneys in the fund for purposes of the previous sen15 tence, the Secretary shall take into account in determining 

16 the balance of the fund for a Presidential election year the 

17 Secretary’s best estimate of the amount of moneys which 

18 will be deposited into the fund during the year, except that 

19 the amount of the estimate may not exceed the average of 

20 the annual amounts deposited in the fund during the pre21 vious 3 years.’’. 


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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 1986 

5 is amended by adding at the end the following new sentence: 

6 ‘‘For purposes of subparagraph (A), an expense incurred 

7 by a candidate or authorized committee for general election 

8 legal and accounting compliance purposes shall be consid9 ered to be an expense to further the election of such can10 didate.’’. 

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 In14 ternal Revenue Code of 1986 is amended by adding at the 

15 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 provi19 sion of this chapter, effective with respect to the Presidential 

20 election held in 2028 and each succeeding Presidential elec21 tion, all payments made under this chapter shall be made 

22 from the Freedom From Influence Fund established under 

23 section 541 of the Federal Election Campaign Act of 1971. 

24 ‘‘(b) MANDATORY REDUCTION OF PAYMENTS IN CASE

25 OF INSUFFICIENT AMOUNTS IN FUND.— 


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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 the 

4 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 Pro10 gram under the Government By the People Act 

11 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 describing 

18 the results of the audit. 

19 ‘‘(2) REDUCTIONS IN AMOUNT OF PAYMENTS.— 

20 ‘‘(A) AUTOMATIC REDUCTION ON PRO RATA

21 BASIS.—If, on the basis of the audit described in 

22 paragraph (1), the Commission determines that 

23 the amount anticipated to be available in the 

24 Fund with respect to the Presidential election 

25 cycle involved is not, or may not be, sufficient to 


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1 satisfy the full entitlements of candidates to pay2 ments under this chapter for such cycle, the 

3 Commission shall reduce each amount which 

4 would otherwise be paid to a candidate under 

5 this chapter by such pro rata amount as may be 

6 necessary to ensure that the aggregate amount of 

7 payments anticipated to be made with respect to 

8 the cycle will not exceed the amount anticipated 

9 to be available for such payments in the Fund 

10 with respect to such cycle. 

11 ‘‘(B) RESTORATION OF REDUCTIONS IN

12 CASE OF AVAILABILITY OF SUFFICIENT FUNDS

13 DURING ELECTION CYCLE.—If, after reducing the 

14 amounts paid to candidates with respect to an 

15 election cycle under subparagraph (A), the Com16 mission determines that there are sufficient 

17 amounts in the Fund to restore the amount by 

18 which such payments were reduced (or any por19 tion thereof), to the extent that such amounts are 

20 available, the Commission may make a payment 

21 on a pro rata basis to each such candidate with 

22 respect to the election cycle in the amount by 

23 which such candidate’s payments were reduced 

24 under subparagraph (A) (or any portion thereof, 

25 as the case may be). 


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1 ‘‘(C) NO USE OF AMOUNTS FROM OTHER

2 SOURCES.—In any case in which the Commis3 sion determines that there are insufficient mon4 eys in the Fund to make payments to candidates 

5 under this chapter, moneys shall not be made 

6 available from any other source for the purpose 

7 of making such payments. 

8 ‘‘(3) NO EFFECT ON AMOUNTS TRANSFERRED

9 FOR PEDIATRIC RESEARCH INITIATIVE.—This section 

10 does not apply to the transfer of funds under section 

11 9008(i). 

12 ‘‘(4) PRESIDENTIAL ELECTION CYCLE DE13 FINED.—In this section, the term ‘Presidential elec14 tion cycle’ means, with respect to a Presidential elec15 tion, the period beginning on the day after the date 

16 of the previous Presidential general election and end17 ing on the date of the Presidential election.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections for 

19 chapter 95 of subtitle H of such Code is amended by adding 

20 at the end the following new item: 

‘‘Sec. 9013. Use of Freedom From Influence Fund as source of payments.’’. 

21 PART 3—EFFECTIVE DATE 

22 SEC. 5221. EFFECTIVE DATE. 

23 (a) IN GENERAL.—Except as otherwise provided, this 

24 subtitle and the amendments made by this subtitle shall 

25 apply with respect to the Presidential election held in 2028 


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1 and each succeeding Presidential election, without regard 

2 to whether or not the Federal Election Commission has pro3 mulgated the final regulations necessary to carry out this 

4 part and the amendments made by this part by the deadline 

5 set forth in subsection (b). 

6 (b) DEADLINE FOR REGULATIONS.—Not later than 

7 June 30, 2026, the Federal Election Commission shall pro8 mulgate such regulations as may be necessary to carry out 

9 this part and the amendments made by this part. 

10 Subtitle D—Personal Use Services 

11 as Authorized Campaign Ex12 penditures 

13 SEC. 5301. SHORT TITLE; FINDINGS; PURPOSE. 

14 (a) SHORT TITLE.—This subtitle may be cited as the 

15 ‘‘Help America Run Act’’. 

16 (b) FINDINGS.—Congress finds the following: 

17 (1) Everyday Americans experience barriers to 

18 entry before they can consider running for office to 

19 serve their communities. 

20 (2) Current law states that campaign funds can21 not be spent on everyday expenses that would exist 

22 whether or not a candidate were running for office, 

23 like childcare and food. While the law seems neutral, 

24 its actual effect is to privilege the independently 

25 wealthy who want to run, because given the demands 


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1 of running for office, candidates who must work to 

2 pay for childcare or to afford health insurance are ef3 fectively being left out of the process, even if they have 

4 sufficient support to mount a viable campaign. 

5 (3) Thus current practice favors those prospective 

6 candidates who do not need to rely on a regular pay7 check to make ends meet. The consequence is that ev8 eryday Americans who have firsthand knowledge of 

9 the importance of stable childcare, a safety net, or 

10 great public schools are less likely to get a seat at the 

11 table. This governance by the few is antithetical to the 

12 democratic experiment, but most importantly, when 

13 lawmakers do not share the concerns of everyday 

14 Americans, their policies reflect that. 

15 (4) These circumstances have contributed to a 

16 Congress that does not always reflect everyday Ameri17 cans. The New York Times reported in 2019 that 

18 fewer than 5 percent of representatives cite blue-collar 

19 or service jobs in their biographies. A 2015 survey by 

20 the Center for Responsive Politics showed that the me21 dian net worth of lawmakers was just over $1 million 

22 in 2013, or 18 times the wealth of the typical Amer23 ican household. 

24 (5) These circumstances have also contributed to 

25 a governing body that does not reflect the nation it 


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1 serves. For instance, women are 51% of the American 

2 population. Yet even with a record number of women 

3 serving in the One Hundred Sixteenth Congress, the 

4 Pew Research Center notes that more than three out 

5 of four Members of this Congress are male. The Center 

6 for American Women And Politics found that one 

7 third of women legislators surveyed had been actively 

8 discouraged from running for office, often by political 

9 professionals. This type of discouragement, combined 

10 with the prohibitions on using campaign funds for 

11 domestic needs like childcare, burdens that still fall 

12 disproportionately on American women, particularly 

13 disadvantages working mothers. These barriers may 

14 explain why only 10 women in history have given 

15 birth while serving in Congress, in spite of the preva16 lence of working parents in other professions. Yet 

17 working mothers and fathers are best positioned to 

18 create policy that reflects the lived experience of most 

19 Americans. 

20 (c) PURPOSE.—It is the purpose of this subtitle to en21 sure that all Americans who are otherwise qualified to serve 

22 this Nation are able to run for office, regardless of their 

23 economic status. By expanding permissible uses of cam24 paign funds and providing modest assurance that testing 

25 a run for office will not cost one’s livelihood, the Help AmerVerDate Sep 11 2014 01:44 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00388 Fmt 6652 Sfmt 6203 E:\BILLS\H1.RH H1

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1 ica Run Act will facilitate the candidacy of representatives 

2 who more accurately reflect the experiences, challenges, and 

3 ideals of everyday Americans. 

4 SEC. 5302. TREATMENT OF PAYMENTS FOR CHILD CARE 

5 AND OTHER PERSONAL USE SERVICES AS AU6 THORIZED CAMPAIGN EXPENDITURE. 

7 (a) PERSONAL USE SERVICES AS AUTHORIZED CAM8 PAIGN EXPENDITURES.—Section 313 of the Federal Elec9 tion Campaign Act of 1971 (52 U.S.C. 30114), as amended 

10 by section 5113, is amended by adding at the end the fol11 lowing new subsection: 

12 ‘‘(e) TREATMENT OF PAYMENTS FOR CHILD CARE AND

13 OTHER PERSONAL USE SERVICES AS AUTHORIZED CAM14 PAIGN EXPENDITURE.— 

15 ‘‘(1) AUTHORIZED EXPENDITURES.—For pur16 poses of subsection (a), the payment by an authorized 

17 committee of a candidate for any of the personal use 

18 services described in paragraph (3) shall be treated as 

19 an authorized expenditure if the services are necessary 

20 to enable the participation of the candidate in cam21 paign-connected activities. 

22 ‘‘(2) LIMITATIONS.— 

23 ‘‘(A) LIMIT ON TOTAL AMOUNT OF PAY24 MENTS.—The total amount of payments made by 

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1 sonal use services described in paragraph (3) 

2 may not exceed the limit which is applicable 

3 under any law, rule, or regulation on the 

4 amount of payments which may be made by the 

5 committee for the salary of the candidate (with6 out regard to whether or not the committee 

7 makes payments to the candidate for that pur8 pose). 

9 ‘‘(B) CORRESPONDING REDUCTION IN

10 AMOUNT OF SALARY PAID TO CANDIDATE.—To 

11 the extent that an authorized committee of a can12 didate makes payments for the salary of the can13 didate, any limit on the amount of such pay14 ments which is applicable under any law, rule, 

15 or regulation shall be reduced by the amount of 

16 any payments made to or on behalf of the can17 didate for personal use services described in 

18 paragraph (3), other than personal use services 

19 described in subparagraph (E) of such para20 graph. 

21 ‘‘(C) EXCLUSION OF CANDIDATES WHO ARE

22 OFFICEHOLDERS.—Paragraph (1) does not apply 

23 with respect to an authorized committee of a 

24 candidate who is a holder of Federal office. 


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1 ‘‘(3) PERSONAL USE SERVICES DESCRIBED.—The 

2 personal use services described in this paragraph are 

3 as follows: 

4 ‘‘(A) Child care services. 

5 ‘‘(B) Elder care services. 

6 ‘‘(C) Services similar to the services de7 scribed in subparagraph (A) or subparagraph 

8 (B) which are provided on behalf of any depend9 ent who is a qualifying relative under section 

10 152 of the Internal Revenue Code of 1986. 

11 ‘‘(D) Dues, fees, and other expenses required 

12 to maintain an license or similar requirement 

13 related to an individual’s profession. 

14 ‘‘(E) Costs associated with health insurance 

15 coverage.’’. 

16 (b) EFFECTIVE DATE.—The amendments made by this 

17 section shall take effect on the date of the enactment of this 

18 Act. 

19 Subtitle E—Severability 

20 SEC. 5401. 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 


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1 amendment to any person or circumstance, shall not be af2 fected by the holding. 

3 TITLE VI—CAMPAIGN FINANCE 

4 OVERSIGHT 

Subtitle A—Restoring Integrity to America’s Elections 

Sec. 6001. Short title. 

Sec. 6002. Membership of Federal Election Commission. 

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

Sec. 6004. Revision to enforcement process. 

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

by persons opposing the requests. 

Sec. 6006. Permanent extension of administrative penalty authority. 

Sec. 6007. Restrictions on ex parte communications. 

Sec. 6008. Effective date; transition. 

Subtitle B—Stopping Super PAC-Candidate Coordination 

Sec. 6101. Short title. 

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

to candidates. 

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

Subtitle C—Severability 

Sec. 6201. Severability. 

5 Subtitle A—Restoring Integrity to 

6 America’s Elections 

7 SEC. 6001. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Restoring Integrity 

9 to America’s Elections Act’’. 

10 SEC. 6002. MEMBERSHIP OF FEDERAL ELECTION COMMIS11 SION. 

12 (a) REDUCTION IN NUMBER OF MEMBERS; REMOVAL

13 OF SECRETARY OF SENATE AND CLERK OF HOUSE AS EX

14 OFFICIO MEMBERS.— 


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1 (1) IN GENERAL; QUORUM.—Section 306(a)(1) of 

2 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 the 

17 Commission who are serving at the time shall con18 stitute a quorum, except that 3 members shall con19 stitute a quorum if there are 4 members serving at the 

20 time.’’. 

21 (2) CONFORMING AMENDMENTS RELATING TO RE22 DUCTION IN NUMBER OF MEMBERS.—(A) The second 

23 sentence of section 306(c) of such Act (52 U.S.C. 

24 30106(c)) is amended by striking ‘‘affirmative vote of 

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1 ative vote of a majority of the members of the Com2 mission who are serving at the time’’. 

3 (B) Such Act is further amended by striking ‘‘af4 firmative vote of 4 of its members’’ and inserting ‘‘af5 firmative vote of a majority of the members of the 

6 Commission who are serving at the time’’ each place 

7 it appears in the following sections: 

8 (i) Section 309(a)(2) (52 U.S.C. 

9 30109(a)(2)). 

10 (ii) Section 309(a)(4)(A)(i) (52 U.S.C. 

11 30109(a)(4)(A)(i)). 

12 (iii) Section 309(a)(5)(C) (52 U.S.C. 

13 30109(a)(5)(C)). 

14 (iv) Section 309(a)(6)(A) (52 U.S.C. 

15 30109(a)(6)(A)). 

16 (v) Section 311(b) (52 U.S.C. 30111(b)). 

17 (3) CONFORMING AMENDMENT RELATING TO RE18 MOVAL OF EX OFFICIO MEMBERS.—Section 306(a) of 

19 such Act (52 U.S.C. 30106(a)) is amended by striking 

20 ‘‘(other than the Secretary of the Senate and the Clerk 

21 of the House of Representatives)’’ each place it ap22 pears in paragraphs (4) and (5). 

23 (b) TERMS OF SERVICE.—Section 306(a)(2) of such 

24 Act (52 U.S.C. 30106(a)(2)) is amended to read as follows: 

25 ‘‘(2) TERMS OF SERVICE.— 


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1 ‘‘(A) IN GENERAL.—Each member of the 

2 Commission shall serve for a single term of 6 

3 years. 

4 ‘‘(B) SPECIAL RULE FOR INITIAL APPOINT5 MENTS.—Of the members first appointed to serve 

6 terms that begin in January 2022, the President 

7 shall designate 2 to serve for a 3-year term. 

8 ‘‘(C) NO REAPPOINTMENT PERMITTED.—An 

9 individual who served a term as a member of the 

10 Commission may not serve for an additional 

11 term, except that— 

12 ‘‘(i) an individual who served a 3-year 

13 term under subparagraph (B) may also be 

14 appointed to serve a 6-year term under sub15 paragraph (A); and 

16 ‘‘(ii) for purposes of this subpara17 graph, an individual who is appointed to 

18 fill a vacancy under subparagraph (D) 

19 shall not be considered to have served a 

20 term if the portion of the unexpired term 

21 the individual fills is less than 50 percent 

22 of the period of the term. 

23 ‘‘(D) VACANCIES.—Any vacancy occurring 

24 in the membership of the Commission shall be 

25 filled in the same manner as in the case of the 


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1 original appointment. Except as provided in 

2 subparagraph (C), an individual appointed to 

3 fill a vacancy occurring other than by the expi4 ration of a term of office shall be appointed only 

5 for the unexpired term of the member he or she 

6 succeeds. 

7 ‘‘(E) LIMITATION ON SERVICE AFTER EXPI8 RATION OF TERM.—A member of the Commission 

9 may continue to serve on the Commission after 

10 the expiration of the member’s term for an addi11 tional period, but only until the earlier of— 

12 ‘‘(i) the date on which the member’s 

13 successor has taken office as a member of 

14 the Commission; or 

15 ‘‘(ii) the expiration of the 1-year pe16 riod that begins on the last day of the mem17 ber’s term.’’. 

18 (c) QUALIFICATIONS.—Section 306(a)(3) of such Act 

19 (52 U.S.C. 30106(a)(3)) is amended to read as follows: 

20 ‘‘(3) QUALIFICATIONS.— 

21 ‘‘(A) IN GENERAL.—The President may se22 lect an individual for service as a member of the 

23 Commission if the individual has experience in 

24 election law and has a demonstrated record of 

25 integrity, impartiality, and good judgment. 


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1 ‘‘(B) ASSISTANCE OF BLUE RIBBON ADVI2 SORY PANEL.— 

3 ‘‘(i) IN GENERAL.—Prior to the regu4 larly scheduled expiration of the term of a 

5 member of the Commission and upon the oc6 currence of a vacancy in the membership of 

7 the Commission prior to the expiration of a 

8 term, the President shall convene a Blue 

9 Ribbon Advisory Panel, consisting of an 

10 odd number of individuals selected by the 

11 President from retired Federal judges, 

12 former law enforcement officials, or individ13 uals with experience in election law, except 

14 that the President may not select any indi15 vidual to serve on the panel who holds any 

16 public office at the time of selection. 

17 ‘‘(ii) RECOMMENDATIONS.—With re18 spect to each member of the Commission 

19 whose term is expiring or each vacancy in 

20 the membership of the Commission (as the 

21 case may be), the Blue Ribbon Advisory 

22 Panel shall recommend to the President at 

23 least one but not more than 3 individuals 

24 for nomination for appointment as a mem25 ber of the Commission. 


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1 ‘‘(iii) PUBLICATION.—At the time the 

2 President submits to the Senate the nomina3 tions for individuals to be appointed as 

4 members of the Commission, the President 

5 shall publish the Blue Ribbon Advisory 

6 Panel’s recommendations for such nomina7 tions. 

8 ‘‘(iv) EXEMPTION FROM FEDERAL AD9 VISORY COMMITTEE ACT.—The Federal Ad10 visory Committee Act (5 U.S.C. App.) does 

11 not apply to a Blue Ribbon Advisory Panel 

12 convened under this subparagraph. 

13 ‘‘(C) PROHIBITING ENGAGEMENT WITH

14 OTHER BUSINESS OR EMPLOYMENT DURING

15 SERVICE.—A member of the Commission shall 

16 not engage in any other business, vocation, or 

17 employment. Any individual who is engaging in 

18 any other business, vocation, or employment at 

19 the time of his or her appointment to the Com20 mission shall terminate or liquidate such activ21 ity no later than 90 days after such appoint22 ment.’’. 

23 SEC. 6003. ASSIGNMENT OF POWERS TO CHAIR OF FEDERAL 

24 ELECTION COMMISSION. 

25 (a) APPOINTMENT OF CHAIR BY PRESIDENT.— 


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1 (1) IN GENERAL.—Section 306(a)(5) of the Fed2 eral Election Campaign Act of 1971 (52 U.S.C. 

3 30106(a)(5)) is amended to read as follows: 

4 ‘‘(5) CHAIR.— 

5 ‘‘(A) INITIAL APPOINTMENT.—Of the mem6 bers first appointed to serve terms that begin in 

7 January 2022, one such member (as designated 

8 by the President at the time the President sub9 mits nominations to the Senate) shall serve as 

10 Chair of the Commission. 

11 ‘‘(B) SUBSEQUENT APPOINTMENTS.—Any 

12 individual who is appointed to succeed the mem13 ber who serves as Chair of the Commission for 

14 the term beginning in January 2022 (as well as 

15 any individual who is appointed to fill a va16 cancy if such member does not serve a full term 

17 as Chair) shall serve as Chair of the Commis18 sion. 

19 ‘‘(C) VICE CHAIR.—The Commission shall 

20 select, by majority vote of its members, one of its 

21 members to serve as Vice Chair, who shall act as 

22 Chair in the absence or disability of the Chair 

23 or in the event of a vacancy in the position of 

24 Chair.’’. 


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1 (2) CONFORMING AMENDMENT.—Section 

2 309(a)(2) of such Act (52 U.S.C. 30109(a)(2)) is 

3 amended by striking ‘‘through its chairman or vice 

4 chairman’’ and inserting ‘‘through the Chair’’. 

5 (b) POWERS.— 

6 (1) ASSIGNMENT OF CERTAIN POWERS TO

7 CHAIR.—Section 307(a) of such Act (52 U.S.C. 

8 30107(a)) is amended to read as follows: 

9 ‘‘(a) DISTRIBUTION OF POWERS BETWEEN CHAIR AND

10 COMMISSION.— 

11 ‘‘(1) POWERS ASSIGNED TO CHAIR.— 

12 ‘‘(A) ADMINISTRATIVE POWERS.—The Chair 

13 of the Commission shall be the chief administra14 tive officer of the Commission and shall have the 

15 authority to administer the Commission and its 

16 staff, and (in consultation with the other mem17 bers of the Commission) shall have the power— 

18 ‘‘(i) to appoint and remove the staff 

19 director of the Commission; 

20 ‘‘(ii) to request the assistance (includ21 ing personnel and facilities) of other agen22 cies and departments of the United States, 

23 whose heads may make such assistance 

24 available to the Commission with or with25 out reimbursement; and 


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1 ‘‘(iii) to prepare and establish the 

2 budget of the Commission and to make 

3 budget requests to the President, the Direc4 tor of the Office of Management and Budg5 et, and Congress. 

6 ‘‘(B) OTHER POWERS.—The Chair of the 

7 Commission shall have the power— 

8 ‘‘(i) to appoint and remove the general 

9 counsel of the Commission with the concur10 rence of at least 2 other members of the 

11 Commission; 

12 ‘‘(ii) to require by special or general 

13 orders, any person to submit, under oath, 

14 such written reports and answers to ques15 tions as the Chair may prescribe; 

16 ‘‘(iii) to administer oaths or affirma17 tions; 

18 ‘‘(iv) to require by subpoena, signed by 

19 the Chair, the attendance and testimony of 

20 witnesses and the production of all docu21 mentary evidence relating to the execution 

22 of its duties; 

23 ‘‘(v) in any proceeding or investiga24 tion, to order testimony to be taken by depo25 sition before any person who is designated 


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1 by the Chair, and shall have the power to 

2 administer oaths and, in such instances, to 

3 compel testimony and the production of evi4 dence in the same manner as authorized 

5 under clause (iv); and 

6 ‘‘(vi) to pay witnesses the same fees 

7 and mileage as are paid in like cir8 cumstances in the courts of the United 

9 States. 

10 ‘‘(2) POWERS ASSIGNED TO COMMISSION.—The 

11 Commission shall have the power— 

12 ‘‘(A) to initiate (through civil actions for 

13 injunctive, declaratory, or other appropriate re14 lief), defend (in the case of any civil action 

15 brought under section 309(a)(8) of this Act) or 

16 appeal (including a proceeding before the Su17 preme Court on certiorari) any civil action in 

18 the name of the Commission to enforce the provi19 sions of this Act and chapter 95 and chapter 96 

20 of the Internal Revenue Code of 1986, through its 

21 general counsel; 

22 ‘‘(B) to render advisory opinions under sec23 tion 308 of this Act; 

24 ‘‘(C) to develop such prescribed forms and to 

25 make, amend, and repeal such rules, pursuant to 


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1 the provisions of chapter 5 of title 5, United 

2 States Code, as are necessary to carry out the 

3 provisions of this Act and chapter 95 and chap4 ter 96 of the Internal Revenue Code of 1986; 

5 ‘‘(D) to conduct investigations and hearings 

6 expeditiously, to encourage voluntary compli7 ance, and to report apparent violations to the 

8 appropriate law enforcement authorities; and 

9 ‘‘(E) to transmit to the President and Con10 gress not later than June 1 of each year a report 

11 which states in detail the activities of the Com12 mission in carrying out its duties under this 

13 Act, and which includes any recommendations 

14 for any legislative or other action the Commis15 sion considers appropriate. 

16 ‘‘(3) PERMITTING COMMISSION TO EXERCISE

17 OTHER POWERS OF CHAIR.—With respect to any in18 vestigation, action, or proceeding, the Commission, by 

19 an affirmative vote of a majority of the members who 

20 are serving at the time, may exercise any of the pow21 ers of the Chair described in paragraph (1)(B).’’. 

22 (2) CONFORMING AMENDMENTS RELATING TO

23 PERSONNEL AUTHORITY.—Section 306(f) of such Act 

24 (52 U.S.C. 30106(f)) is amended— 


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1 (A) by amending the first sentence of para2 graph (1) to read as follows: ‘‘The Commission 

3 shall have a staff director who shall be appointed 

4 by the Chair of the Commission in consultation 

5 with the other members and a general counsel 

6 who shall be appointed by the Chair with the 

7 concurrence of at least two other members.’’; 

8 (B) in paragraph (2), by striking ‘‘With the 

9 approval of the Commission’’ and inserting 

10 ‘‘With the approval of the Chair of the Commis11 sion’’; and 

12 (C) by striking paragraph (3). 

13 (3) CONFORMING AMENDMENT RELATING TO

14 BUDGET SUBMISSION.—Section 307(d)(1) of such Act 

15 (52 U.S.C. 30107(d)(1)) is amended by striking ‘‘the 

16 Commission submits any budget’’ and inserting ‘‘the 

17 Chair (or, pursuant to subsection (a)(3), the Commis18 sion) submits any budget’’. 

19 (4) OTHER CONFORMING AMENDMENTS.—Section 

20 306(c) of such Act (52 U.S.C. 30106(c)) is amended 

21 by striking ‘‘All decisions’’ and inserting ‘‘Subject to 

22 section 307(a), all decisions’’. 

23 (5) TECHNICAL AMENDMENT.—The heading of 

24 section 307 of such Act (52 U.S.C. 30107) is amended 


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1 by striking ‘‘THE COMMISSION’’ and inserting ‘‘THE

2 CHAIR AND THE COMMISSION’’. 

3 SEC. 6004. REVISION TO ENFORCEMENT PROCESS. 

4 (a) STANDARD FOR INITIATING INVESTIGATIONS AND

5 DETERMINING WHETHER VIOLATIONS HAVE OCCURRED.— 

6 (1) REVISION OF STANDARDS.—Section 309(a) of 

7 the Federal Election Campaign Act of 1971 (52 

8 U.S.C. 30109(a)) is amended by striking paragraphs 

9 (2) and (3) and inserting the following: 

10 ‘‘(2)(A) The general counsel, upon receiving a com11 plaint filed with the Commission under paragraph (1) or 

12 upon the basis of information ascertained by the Commis13 sion in the normal course of carrying out its supervisory 

14 responsibilities, shall make a determination as to whether 

15 or not there is reason to believe that a person has com16 mitted, or is about to commit, a violation of this Act or 

17 chapter 95 or chapter 96 of the Internal Revenue Code of 

18 1986, and as to whether or not the Commission should ei19 ther initiate an investigation of the matter or that the com20 plaint should be dismissed. The general counsel shall 

21 promptly provide notification to the Commission of such 

22 determination and the reasons therefore, together with any 

23 written response submitted under paragraph (1) by the per24 son alleged to have committed the violation. Upon the expi25 ration of the 30-day period which begins on the date the 


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1 general counsel provides such notification, the general coun2 sel’s determination shall take effect, unless during such 30- 

3 day period the Commission, by vote of a majority of the 

4 members of the Commission who are serving at the time, 

5 overrules the general counsel’s determination. If the deter6 mination by the general counsel that the Commission should 

7 investigate the matter takes effect, or if the determination 

8 by the general counsel that the complaint should be dis9 missed is overruled as provided under the previous sentence, 

10 the general counsel shall initiate an investigation of the 

11 matter on behalf of the Commission. 

12 ‘‘(B) If the Commission initiates an investigation pur13 suant to subparagraph (A), the Commission, through the 

14 Chair, shall notify the subject of the investigation of the al15 leged violation. Such notification shall set forth the factual 

16 basis for such alleged violation. The Commission shall make 

17 an investigation of such alleged violation, which may in18 clude a field investigation or audit, in accordance with the 

19 provisions of this section. The general counsel shall provide 

20 notification to the Commission of any intent to issue a sub21 poena or conduct any other form of discovery pursuant to 

22 the investigation. Upon the expiration of the 15-day period 

23 which begins on the date the general counsel provides such 

24 notification, the general counsel may issue the subpoena or 

25 conduct the discovery, unless during such 15-day period the 


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1 Commission, by vote of a majority of the members of the 

2 Commission who are serving at the time, prohibits the gen3 eral counsel from issuing the subpoena or conducting the 

4 discovery. 

5 ‘‘(3)(A) Upon completion of an investigation under 

6 paragraph (2), the general counsel shall promptly submit 

7 to the Commission the general counsel’s recommendation 

8 that the Commission find either that there is probable cause 

9 or that there is not probable cause to believe that a person 

10 has committed, or is about to commit, a violation of this 

11 Act or chapter 95 or chapter 96 of the Internal Revenue 

12 Code of 1986, and shall include with the recommendation 

13 a brief stating the position of the general counsel on the 

14 legal and factual issues of the case. 

15 ‘‘(B) At the time the general counsel submits to the 

16 Commission the recommendation under subparagraph (A), 

17 the general counsel shall simultaneously notify the respond18 ent of such recommendation and the reasons therefore, shall 

19 provide the respondent with an opportunity to submit a 

20 brief within 30 days stating the position of the respondent 

21 on the legal and factual issues of the case and replying to 

22 the brief of the general counsel. The general counsel and 

23 shall promptly submit such brief to the Commission upon 

24 receipt. 


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1 ‘‘(C) Not later than 30 days after the general counsel 

2 submits the recommendation to the Commission under sub3 paragraph (A) (or, if the respondent submits a brief under 

4 subparagraph (B), not later than 30 days after the general 

5 counsel submits the respondent’s brief to the Commission 

6 under such subparagraph), the Commission shall approve 

7 or disapprove the recommendation by vote of a majority 

8 of the members of the Commission who are serving at the 

9 time.’’. 

10 (2) CONFORMING AMENDMENT RELATING TO INI11 TIAL RESPONSE TO FILING OF COMPLAINT.—Section 

12 309(a)(1) of such Act (52 U.S.C. 30109(a)(1)) is 

13 amended— 

14 (A) in the third sentence, by striking ‘‘the 

15 Commission’’ and inserting ‘‘the general coun16 sel’’; and 

17 (B) by amending the fourth sentence to read 

18 as follows: ‘‘Not later than 15 days after receiv19 ing notice from the general counsel under the 

20 previous sentence, the person may provide the 

21 general counsel with a written response that no 

22 action should be taken against such person on 

23 the basis of the complaint.’’. 

24 (b) REVISION OF STANDARD FOR REVIEW OF DIS25 MISSAL OF COMPLAINTS.— 


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1 (1) IN GENERAL.—Section 309(a)(8) of such Act 

2 (52 U.S.C. 30109(a)(8)) is amended to read as fol3 lows: 

4 ‘‘(8)(A)(i) Any party aggrieved by an order of the 

5 Commission dismissing a complaint filed by such party 

6 after finding either no reason to believe a violation has oc7 curred or no probable cause a violation has occurred may 

8 file a petition with the United States District Court for the 

9 District of Columbia. Any petition under this subpara10 graph shall be filed within 60 days after the date on which 

11 the party received notice of the dismissal of the complaint. 

12 ‘‘(ii) In any proceeding under this subparagraph, the 

13 court shall determine by de novo review whether the agen14 cy’s dismissal of the complaint is contrary to law. In any 

15 matter in which the penalty for the alleged violation is 

16 greater than $50,000, the court should disregard any claim 

17 or defense by the Commission of prosecutorial discretion as 

18 a basis for dismissing the complaint. 

19 ‘‘(B)(i) Any party who has filed a complaint with the 

20 Commission and who is aggrieved by a failure of the Com21 mission, within one year after the filing of the complaint, 

22 to either dismiss the complaint or to find reason to believe 

23 a violation has occurred or is about to occur, may file a 

24 petition with the United States District Court for the Dis25 trict of Columbia. 


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1 ‘‘(ii) In any proceeding under this subparagraph, the 

2 court shall treat the failure to act on the complaint as a 

3 dismissal of the complaint, and shall determine by de novo 

4 review whether the agency’s failure to act on the complaint 

5 is contrary to law. 

6 ‘‘(C) In any proceeding under this paragraph the court 

7 may declare that the dismissal of the complaint or the fail8 ure to act is contrary to law, and may direct the Commis9 sion to conform with such declaration within 30 days, fail10 ing which the complainant may bring, in the name of such 

11 complainant, a civil action to remedy the violation involved 

12 in the original complaint.’’. 

13 (2) EFFECTIVE DATE.—The amendments made 

14 by paragraph (1) shall apply— 

15 (A) in the case of complaints which are dis16 missed by the Federal Election Commission, with 

17 respect to complaints which are dismissed on or 

18 after the date of the enactment of this Act; and 

19 (B) in the case of complaints upon which 

20 the Federal Election Commission failed to act, 

21 with respect to complaints which were filed on or 

22 after the date of the enactment of this Act. 


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1 SEC. 6005. PERMITTING APPEARANCE AT HEARINGS ON RE2 QUESTS FOR ADVISORY OPINIONS BY PER3 SONS OPPOSING THE REQUESTS. 

4 (a) IN GENERAL.—Section 308 of such Act (52 U.S.C. 

5 30108) is amended by adding at the end the following new 

6 subsection: 

7 ‘‘(e) To the extent that the Commission provides an 

8 opportunity for a person requesting an advisory opinion 

9 under this section (or counsel for such person) to appear 

10 before the Commission to present testimony in support of 

11 the request, and the person (or counsel) accepts such oppor12 tunity, the Commission shall provide a reasonable oppor13 tunity for an interested party who submitted written com14 ments under subsection (d) in response to the request (or 

15 counsel for such interested party) to appear before the Com16 mission to present testimony in response to the request.’’. 

17 (b) EFFECTIVE DATE.—The amendment made by sub18 section (a) shall apply with respect to requests for advisory 

19 opinions under section 308 of the Federal Election Cam20 paign Act of 1971 which are made on or after the date of 

21 the enactment of this Act. 

22 SEC. 6006. PERMANENT EXTENSION OF ADMINISTRATIVE 

23 PENALTY AUTHORITY. 

24 (a) EXTENSION OF AUTHORITY.—Section 

25 309(a)(4)(C)(v) of the Federal Election Campaign Act of 


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1 1971 (52 U.S.C. 30109(a)(4)(C)(v)) is amended by striking 

2 ‘‘, and that end on or before December 31, 2023’’. 

3 (b) EFFECTIVE DATE.—The amendment made by sub4 section (a) shall take effect on December 31, 2018. 

5 SEC. 6007. RESTRICTIONS ON EX PARTE COMMUNICATIONS. 

6 Section 306(e) of the Federal Election Campaign Act 

7 of 1971 (52 U.S.C. 30106(e)) is amended— 

8 (1) by striking ‘‘(e) The Commission’’ and in9 serting ‘‘(e)(1) The Commission’’; and 

10 (2) by adding at the end the following new para11 graph: 

12 ‘‘(2) Members and employees of the Commission shall 

13 be subject to limitations on ex parte communications, as 

14 provided in the regulations promulgated by the Commission 

15 regarding such communications which are in effect on the 

16 date of the enactment of this paragraph.’’. 

17 SEC. 6008. EFFECTIVE DATE; TRANSITION. 

18 (a) IN GENERAL.—Except as otherwise provided, the 

19 amendments made by this subtitle shall apply beginning 

20 January 1, 2022. 

21 (b) TRANSITION.— 

22 (1) TERMINATION OF SERVICE OF CURRENT

23 MEMBERS.—Notwithstanding any provision of the 

24 Federal Election Campaign Act of 1971, the term of 

25 any individual serving as a member of the Federal 


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1 Election Commission as of December 31, 2021, shall 

2 expire on that date. 

3 (2) NO EFFECT ON EXISTING CASES OR PRO4 CEEDINGS.—Nothing in this subtitle or in any 

5 amendment made by this subtitle shall affect any of 

6 the powers exercised by the Federal Election Commis7 sion prior to December 31, 2021, including any inves8 tigation initiated by the Commission prior to such 

9 date or any proceeding (including any enforcement 

10 action) pending as of such date. 

11 Subtitle B—Stopping Super PAC12 Candidate Coordination 

13 SEC. 6101. SHORT TITLE. 

14 This subtitle may be cited as the ‘‘Stop Super PAC– 

15 Candidate Coordination Act’’. 

16 SEC. 6102. CLARIFICATION OF TREATMENT OF COORDI17 NATED EXPENDITURES AS CONTRIBUTIONS 

18 TO CANDIDATES. 

19 (a) TREATMENT AS CONTRIBUTION TO CANDIDATE.— 

20 Section 301(8)(A) of the Federal Election Campaign Act 

21 of 1971 (52 U.S.C. 30101(8)(A)) is amended— 

22 (1) by striking ‘‘or’’ at the end of clause (i); 

23 (2) by striking the period at the end of clause 

24 (ii) and inserting ‘‘; or’’; and 


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

2 clause: 

3 ‘‘(iii) any payment made by any person 

4 (other than a candidate, an authorized com5 mittee of a candidate, or a political committee of 

6 a political party) for a coordinated expenditure 

7 (as such term is defined in section 326) which is 

8 not otherwise treated as a contribution under 

9 clause (i) or clause (ii).’’. 

10 (b) DEFINITIONS.—Title III of such Act (52 U.S.C. 

11 30101 et seq.), as amended by section 4702(a), is amended 

12 by adding at the end the following new section: 

13 ‘‘SEC. 326. PAYMENTS FOR COORDINATED EXPENDITURES. 

14 ‘‘(a) COORDINATED EXPENDITURES.— 

15 ‘‘(1) IN GENERAL.—For purposes of section 

16 301(8)(A)(iii), the term ‘coordinated expenditure’ 

17 means— 

18 ‘‘(A) any expenditure, or any payment for 

19 a covered communication described in subsection 

20 (d), which is made in cooperation, consultation, 

21 or concert with, or at the request or suggestion 

22 of, a candidate, an authorized committee of a 

23 candidate, a political committee of a political 

24 party, or agents of the candidate or committee, 

25 as defined in subsection (b); or 


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1 ‘‘(B) any payment for any communication 

2 which republishes, disseminates, or distributes, 

3 in whole or in part, any video or broadcast or 

4 any written, graphic, or other form of campaign 

5 material prepared by the candidate or committee 

6 or by agents of the candidate or committee (in7 cluding any excerpt or use of any video from 

8 any such broadcast or written, graphic, or other 

9 form of campaign material). 

10 ‘‘(2) EXCEPTION FOR PAYMENTS FOR CERTAIN

11 COMMUNICATIONS.—A payment for a communication 

12 (including a covered communication described in sub13 section (d)) shall not be treated as a coordinated ex14 penditure under this subsection if— 

15 ‘‘(A) the communication appears in a news 

16 story, commentary, or editorial distributed 

17 through the facilities of any broadcasting station, 

18 newspaper, magazine, or other periodical publi19 cation, unless such facilities are owned or con20 trolled by any political party, political com21 mittee, or candidate; or 

22 ‘‘(B) the communication constitutes a can23 didate debate or forum conducted pursuant to 

24 regulations adopted by the Commission pursuant 

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1 motes such a debate or forum and is made by or 

2 on behalf of the person sponsoring the debate or 

3 forum. 

4 ‘‘(b) COORDINATION DESCRIBED.— 

5 ‘‘(1) IN GENERAL.—For purposes of this section, 

6 a payment is made ‘in cooperation, consultation, or 

7 concert with, or at the request or suggestion of,’ a 

8 candidate, an authorized committee of a candidate, a 

9 political committee of a political party, or agents of 

10 the candidate or committee, if the payment, or any 

11 communication for which the payment is made, is not 

12 made entirely independently of the candidate, com13 mittee, or agents. For purposes of the previous sen14 tence, a payment or communication not made en15 tirely independently of the candidate or committee in16 cludes any payment or communication made pursu17 ant to any general or particular understanding with, 

18 or pursuant to any communication with, the can19 didate, committee, or agents about the payment or 

20 communication. 

21 ‘‘(2) NO FINDING OF COORDINATION BASED

22 SOLELY ON SHARING OF INFORMATION REGARDING

23 LEGISLATIVE OR POLICY POSITION.—For purposes of 

24 this section, a payment shall not be considered to be 

25 made by a person in cooperation, consultation, or 


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1 concert with, or at the request or suggestion of, a can2 didate or committee, solely on the grounds that the 

3 person or the person’s agent engaged in discussions 

4 with the candidate or committee, or with any agent 

5 of the candidate or committee, regarding that person’s 

6 position on a legislative or policy matter (including 

7 urging the candidate or committee to adopt that per8 son’s position), so long as there is no communication 

9 between the person and the candidate or committee, or 

10 any agent of the candidate or committee, regarding 

11 the candidate’s or committee’s campaign advertising, 

12 message, strategy, policy, polling, allocation of re13 sources, fundraising, or other campaign activities. 

14 ‘‘(3) NO EFFECT ON PARTY COORDINATION

15 STANDARD.—Nothing in this section shall be con16 strued to affect the determination of coordination be17 tween a candidate and a political committee of a po18 litical party for purposes of section 315(d). 

19 ‘‘(4) NO SAFE HARBOR FOR USE OF FIREWALL.— 

20 A person shall be determined to have made a payment 

21 in cooperation, consultation, or concert with, or at the 

22 request or suggestion of, a candidate or committee, in 

23 accordance with this section without regard to wheth24 er or not the person established and used a firewall 

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1 mation between individuals who are employed by or 

2 who are serving as agents for the person making the 

3 payment. 

4 ‘‘(c) PAYMENTS BY COORDINATED SPENDERS FOR

5 COVERED COMMUNICATIONS.— 

6 ‘‘(1) PAYMENTS MADE IN COOPERATION, CON7 SULTATION, OR CONCERT WITH CANDIDATES.—For 

8 purposes of subsection (a)(1)(A), if the person who 

9 makes a payment for a covered communication, as 

10 defined in subsection (d), is a coordinated spender 

11 under paragraph (2) with respect to the candidate as 

12 described in subsection (d)(1), the payment for the 

13 covered communication is made in cooperation, con14 sultation, or concert with the candidate. 

15 ‘‘(2) COORDINATED SPENDER DEFINED.—For 

16 purposes of this subsection, the term ‘coordinated 

17 spender’ means, with respect to a candidate or an au18 thorized committee of a candidate, a person (other 

19 than a political committee of a political party) for 

20 which any of the following applies: 

21 ‘‘(A) During the 4-year period ending on 

22 the date on which the person makes the payment, 

23 the person was directly or indirectly formed or 

24 established by or at the request or suggestion of, 

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1 cluding an individual who later becomes a can2 didate) or committee or agents of the candidate 

3 or committee, including with the approval of the 

4 candidate or committee or agents of the can5 didate or committee. 

6 ‘‘(B) The candidate or committee or any 

7 agent of the candidate or committee solicits 

8 funds, appears at a fundraising event, or engages 

9 in other fundraising activity on the person’s be10 half during the election cycle involved, including 

11 by providing the person with names of potential 

12 donors or other lists to be used by the person in 

13 engaging in fundraising activity, regardless of 

14 whether the person pays fair market value for 

15 the names or lists provided. For purposes of this 

16 subparagraph, the term ‘election cycle’ means, 

17 with respect to an election for Federal office, the 

18 period beginning on the day after the date of the 

19 most recent general election for that office (or, if 

20 the general election resulted in a runoff election, 

21 the date of the runoff election) and ending on the 

22 date of the next general election for that office 

23 (or, if the general election resulted in a runoff 

24 election, the date of the runoff election). 


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1 ‘‘(C) The person is established, directed, or 

2 managed by the candidate or committee or by 

3 any person who, during the 4-year period ending 

4 on the date on which the person makes the pay5 ment, has been employed or retained as a polit6 ical, campaign media, or fundraising adviser or 

7 consultant for the candidate or committee or for 

8 any other entity directly or indirectly controlled 

9 by the candidate or committee, or has held a for10 mal position with the candidate or committee 

11 (including a position as an employee of the office 

12 of the candidate at any time the candidate held 

13 any Federal, State, or local public office during 

14 the 4-year period). 

15 ‘‘(D) The person has retained the profes16 sional services of any person who, during the 2- 

17 year period ending on the date on which the per18 son makes the payment, has provided or is pro19 viding professional services relating to the cam20 paign to the candidate or committee, without re21 gard to whether the person providing the profes22 sional services used a firewall. For purposes of 

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1 cluding advertising, message, strategy, policy, 

2 polling, allocation of resources, fundraising, and 

3 campaign operations, but does not include ac4 counting or legal services. 

5 ‘‘(E) The person is established, directed, or 

6 managed by a member of the immediate family 

7 of the candidate, or the person or any officer or 

8 agent of the person has had more than incidental 

9 discussions about the candidate’s campaign with 

10 a member of the immediate family of the can11 didate. For purposes of this subparagraph, the 

12 term ‘immediate family’ has the meaning given 

13 such term in section 9004(e) of the Internal Rev14 enue Code of 1986. 

15 ‘‘(d) COVERED COMMUNICATION DEFINED.— 

16 ‘‘(1) IN GENERAL.—For purposes of this section, 

17 the term ‘covered communication’ means, with respect 

18 to a candidate or an authorized committee of a can19 didate, a public communication (as defined in section 

20 301(22)) which— 

21 ‘‘(A) expressly advocates the election of the 

22 candidate or the defeat of an opponent of the 

23 candidate (or contains the functional equivalent 

24 of express advocacy); 


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1 ‘‘(B) promotes or supports the election of the 

2 candidate, or attacks or opposes the election of 

3 an opponent of the candidate (regardless of 

4 whether the communication expressly advocates 

5 the election or defeat of a candidate or contains 

6 the functional equivalent of express advocacy); or 

7 ‘‘(C) refers to the candidate or an opponent 

8 of the candidate but is not described in subpara9 graph (A) or subparagraph (B), but only if the 

10 communication is disseminated during the ap11 plicable election period. 

12 ‘‘(2) APPLICABLE ELECTION PERIOD.—In para13 graph (1)(C), the ‘applicable election period’ with re14 spect to a communication means— 

15 ‘‘(A) in the case of a communication which 

16 refers to a candidate in a general, special, or 

17 runoff election, the 120-day period which ends on 

18 the date of the election; or 

19 ‘‘(B) in the case of a communication which 

20 refers to a candidate in a primary or preference 

21 election, or convention or caucus of a political 

22 party that has authority to nominate a can23 didate, the 60-day period which ends on the date 

24 of the election or convention or caucus. 


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1 ‘‘(3) SPECIAL RULES FOR COMMUNICATIONS IN2 VOLVING CONGRESSIONAL CANDIDATES.—For purposes 

3 of this subsection, a public communication shall not 

4 be considered to be a covered communication with re5 spect to a candidate for election for an office other 

6 than the office of President or Vice President unless 

7 it is publicly disseminated or distributed in the juris8 diction of the office the candidate is seeking. 

9 ‘‘(e) PENALTY.— 

10 ‘‘(1) DETERMINATION OF AMOUNT.—Any person 

11 who knowingly and willfully commits a violation of 

12 this Act by making a contribution which consists of 

13 a payment for a coordinated expenditure shall be 

14 fined an amount equal to the greater of— 

15 ‘‘(A) in the case of a person who makes a 

16 contribution which consists of a payment for a 

17 coordinated expenditure in an amount exceeding 

18 the applicable contribution limit under this Act, 

19 300 percent of the amount by which the amount 

20 of the payment made by the person exceeds such 

21 applicable contribution limit; or 

22 ‘‘(B) in the case of a person who is prohib23 ited under this Act from making a contribution 

24 in any amount, 300 percent of the amount of the 


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1 payment made by the person for the coordinated 

2 expenditure. 

3 ‘‘(2) JOINT AND SEVERAL LIABILITY.—Any di4 rector, manager, or officer of a person who is subject 

5 to a penalty under paragraph (1) shall be jointly and 

6 severally liable for any amount of such penalty that 

7 is not paid by the person prior to the expiration of 

8 the 1-year period which begins on the date the Com9 mission imposes the penalty or the 1-year period 

10 which begins on the date of the final judgment fol11 lowing any judicial review of the Commission’s ac12 tion, whichever is later.’’. 

13 (c) EFFECTIVE DATE.— 

14 (1) REPEAL OF EXISTING REGULATIONS ON CO15 ORDINATION.—Effective upon the expiration of the 

16 90-day period which begins on the date of the enact17 ment of this Act— 

18 (A) the regulations on coordinated commu19 nications adopted by the Federal Election Com20 mission which are in effect on the date of the en21 actment of this Act (as set forth in 11 CFR Part 

22 109, Subpart C, under the heading ‘‘Coordina23 tion’’) are repealed; and 

24 (B) the Federal Election Commission shall 

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1 munications which reflect the amendments made 

2 by this Act. 

3 (2) EFFECTIVE DATE.—The amendments made 

4 by this section shall apply with respect to payments 

5 made on or after the expiration of the 120-day period 

6 which begins on the date of the enactment of this Act, 

7 without regard to whether or not the Federal Election 

8 Commission has promulgated regulations in accord9 ance with paragraph (1)(B) as of the expiration of 

10 such period. 

11 SEC. 6103. CLARIFICATION OF BAN ON FUNDRAISING FOR 

12 SUPER PACS BY FEDERAL CANDIDATES AND 

13 OFFICEHOLDERS. 

14 (a) IN GENERAL.—Section 323(e)(1) of the Federal 

15 Election Campaign Act of 1971 (52 U.S.C. 30125(e)(1)) is 

16 amended— 

17 (1) by striking ‘‘or’’ at the end of subparagraph 

18 (A); 

19 (2) by striking the period at the end of subpara20 graph (B) and inserting ‘‘; or’’; and 

21 (3) by adding at the end the following new sub22 paragraph: 

23 ‘‘(C) solicit, receive, direct, or transfer funds 

24 to or on behalf of any political committee which 

25 accepts donations or contributions that do not 


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1 comply with the limitations, prohibitions, and 

2 reporting requirements of this Act (or to or on 

3 behalf of any account of a political committee 

4 which is established for the purpose of accepting 

5 such donations or contributions), or to or on be6 half of any political organization under section 

7 527 of the Internal Revenue Code of 1986 which 

8 accepts such donations or contributions (other 

9 than a committee of a State or local political 

10 party or a candidate for election for State or 

11 local office).’’. 

12 (b) EFFECTIVE DATE.—The amendment made by sub13 section (a) shall apply with respect to elections occurring 

14 after January 1, 2020. 

15 Subtitle C—Severability 

16 SEC. 6201. SEVERABILITY. 

17 If any provision of this title or amendment made by 

18 this title, or the application of a provision or amendment 

19 to any person or circumstance, is held to be unconstitu20 tional, the remainder of this title and amendments made 

21 by this title, and the application of the provisions and 

22 amendment to any person or circumstance, shall not be af23 fected by the holding. 


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1 DIVISION C—ETHICS 

2 TITLE VII—[RESERVED] 

3 TITLE VIII—[RESERVED] 

4 TITLE IX—CONGRESSIONAL 

5 ETHICS REFORM 

Subtitle A—Requiring Members of Congress to Reimburse Treasury for 

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

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

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

acts by Members. 

Subtitle B—Conflicts of Interests 

Sec. 9101. [Reserved]. 

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

staff. 

Sec. 9103. Exercise of rulemaking powers. 

Subtitle C—Campaign Finance and Lobbying Disclosure 

Sec. 9201. Short title. 

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

Commission of persons who are registered lobbyists. 

Sec. 9203. Effective date. 

Subtitle D—Access to Congressionally Mandated Reports 

Sec. 9301. Short title. 

Sec. 9302. Definitions. 

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

Sec. 9304. Federal agency responsibilities. 

Sec. 9305. Removing and altering reports. 

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

Sec. 9307. Implementation. 

Subtitle E—Severability 

Sec. 9401. Severability. 


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1 Subtitle A—Requiring Members of 

2 Congress to Reimburse Treasury 

3 for Amounts Paid as Settlements 

4 and Awards Under Congres5 sional Accountability Act of 1995 

6 SEC. 9001. REQUIRING MEMBERS OF CONGRESS TO REIM7 BURSE TREASURY FOR AMOUNTS PAID AS 

8 SETTLEMENTS AND AWARDS UNDER CON9 GRESSIONAL ACCOUNTABILITY ACT OF 1995 

10 IN ALL CASES OF EMPLOYMENT DISCRIMINA11 TION ACTS BY MEMBERS. 

12 (a) REQUIRING REIMBURSEMENT.—Clause (i) of sec13 tion 415(d)(1)(C) of the Congressional Accountability Act 

14 of 1995 (2 U.S.C. 1415(d)(1)(C)), as amended by section 

15 111(a) of the Congressional Accountability Act of 1995 Re16 form Act, is amended to read as follows: 

17 ‘‘(i) a violation of section 201(a) or 

18 section 206(a); or’’. 

19 (b) CONFORMING AMENDMENT RELATING TO NOTIFI20 CATION OF POSSIBILITY OF REIMBURSEMENT.—Clause (i) 

21 of section 402(b)(2)(B) of the Congressional Accountability 

22 Act of 1995 (2 U.S.C. 1402(b)(2)(B)), as amended by sec23 tion 102(a) of the Congressional Accountability Act of 1995 

24 Reform Act, is amended to read as follows: 


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1 ‘‘(i) a violation of section 201(a) or 

2 section 206(a); or’’. 

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

4 section shall take effect as if included in the enactment of 

5 the Congressional Accountability Act of 1995 Reform Act. 

6 Subtitle B—Conflicts of Interests 

7 SEC. 9101. [RESERVED]. 

8 SEC. 9102. CONFLICT OF INTEREST RULES FOR MEMBERS 

9 OF CONGRESS AND CONGRESSIONAL STAFF. 

10 No Member, officer, or employee of a committee or 

11 Member of either House of Congress may knowingly use his 

12 or her official position to introduce or aid the progress or 

13 passage of legislation, a principal purpose of which is to 

14 further only his or her pecuniary interest, only the pecu15 niary interest of his or her immediate family, or only the 

16 pecuniary interest of a limited class of persons or enter17 prises, when he or she, or his or her immediate family, or 

18 enterprises controlled by them, are members of the affected 

19 class. 

20 SEC. 9103. EXERCISE OF RULEMAKING POWERS. 

21 The provisions of this subtitle are enacted by the Con22 gress— 

23 (1) as an exercise of the rulemaking power of the 

24 House of Representatives and the Senate, respectively, 

25 and as such they shall be considered as part of the 


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1 rules of each House, respectively, or of that House to 

2 which they specifically apply, and such rules shall su3 persede other rules only to the extent that they are in4 consistent therewith; and 

5 (2) with full recognition of the constitutional 

6 right of either House to change such rules (so far as 

7 relating to such House) at any time, in the same 

8 manner, and to the same extent as in the case of any 

9 other rule of such House. 

10 Subtitle C—Campaign Finance and 

11 Lobbying Disclosure 

12 SEC. 9201. SHORT TITLE. 

13 This subtitle may be cited as the ‘‘Connecting Lobby14 ists and Electeds for Accountability and Reform Act’’ or 

15 the ‘‘CLEAR Act’’. 

16 SEC. 9202. REQUIRING DISCLOSURE IN CERTAIN REPORTS 

17 FILED WITH FEDERAL ELECTION COMMIS18 SION OF PERSONS WHO ARE REGISTERED 

19 LOBBYISTS. 

20 (a) REPORTS FILED BY POLITICAL COMMITTEES.— 

21 Section 304(b) of the Federal Election Campaign Act of 

22 1971 (52 U.S.C. 30104(b)) is amended— 

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

24 (7); 


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1 (2) by striking the period at the end of para2 graph (8) and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following new para4 graph: 

5 ‘‘(9) if any person identified in subparagraph 

6 (A), (E), (F), or (G) of paragraph (3) is a registered 

7 lobbyist under the Lobbying Disclosure Act of 1995, 

8 a separate statement that such person is a registered 

9 lobbyist under such Act.’’. 

10 (b) REPORTS FILED BY PERSONS MAKING INDE11 PENDENT EXPENDITURES.—Section 304(c)(2) of such Act 

12 (52 U.S.C. 30104(c)(2)) is amended— 

13 (1) by striking ‘‘and’’ at the end of subpara14 graph (B); 

15 (2) by striking the period at the end of subpara16 graph (C) and inserting ‘‘; and’’; and 

17 (3) by adding at the end the following new sub18 paragraph: 

19 ‘‘(D) if the person filing the statement, or a per20 son whose identification is required to be disclosed 

21 under subparagraph (C), is a registered lobbyist 

22 under the Lobbying Disclosure Act of 1995, a separate 

23 statement that such person is a registered lobbyist 

24 under such Act.’’. 


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1 (c) REPORTS FILED BY PERSONS MAKING DISBURSE2 MENTS FOR ELECTIONEERING COMMUNICATIONS.—Section 

3 304(f)(2) of such Act (52 U.S.C. 30104(f)(2)) is amended 

4 by adding at the end the following new subparagraph: 

5 ‘‘(G) If the person making the disbursement, 

6 or a contributor described in subparagraph (E) 

7 or (F), is a registered lobbyist under the Lob8 bying Disclosure Act of 1995, a separate state9 ment that such person or contributor is a reg10 istered lobbyist under such Act.’’. 

11 (d) REQUIRING COMMISSION TO ESTABLISH LINK TO

12 WEBSITES OF CLERK OF HOUSE AND SECRETARY OF SEN13 ATE.—Section 304 of such Act (52 U.S.C. 30104), as 

14 amended by section 4308(a), is amended by adding at the 

15 end the following new subsection: 

16 ‘‘(k) REQUIRING INFORMATION ON REGISTERED LOB17 BYISTS TO BE LINKED TO WEBSITES OF CLERK OF HOUSE

18 AND SECRETARY OF SENATE.— 

19 ‘‘(1) LINKS TO WEBSITES.—The Commission 

20 shall ensure that the Commission’s public database 

21 containing information described in paragraph (2) is 

22 linked electronically to the websites maintained by the 

23 Secretary of the Senate and the Clerk of the House of 

24 Representatives containing information filed pursu25 ant to the Lobbying Disclosure Act of 1995. 


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1 ‘‘(2) INFORMATION DESCRIBED.—The informa2 tion described in this paragraph is each of the fol3 lowing: 

4 ‘‘(A) Information disclosed under para5 graph (9) of subsection (b). 

6 ‘‘(B) Information disclosed under subpara7 graph (D) of subsection (c)(2). 

8 ‘‘(C) Information disclosed under subpara9 graph (G) of subsection (f)(2).’’. 

10 SEC. 9203. EFFECTIVE DATE. 

11 The amendments made by this subtitle shall apply 

12 with respect to reports required to be filed under the Federal 

13 Election Campaign Act of 1971 on or after the expiration 

14 of the 90-day period which begins on the date of the enact15 ment of this Act. 

16 Subtitle D—Access to 

17 Congressionally Mandated Reports 

18 SEC. 9301. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘Access to Congres20 sionally Mandated Reports Act’’. 

21 SEC. 9302. DEFINITIONS. 

22 In this subtitle: 

23 (1) CONGRESSIONALLY MANDATED REPORT.—The 

24 term ‘‘congressionally mandated report’’— 


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1 (A) means a report that is required to be 

2 submitted to either House of Congress or any 

3 committee of Congress, or subcommittee thereof, 

4 by a statute, resolution, or conference report that 

5 accompanies legislation enacted into law; and 

6 (B) does not include a report required 

7 under part B of subtitle II of title 36, United 

8 States Code. 

9 (2) DIRECTOR.—The term ‘‘Director’’ means the 

10 Director of the Government Publishing Office. 

11 (3) FEDERAL AGENCY.—The term ‘‘Federal agen12 cy’’ has the meaning given that term under section 

13 102 of title 40, United States Code, but does not in14 clude the Government Accountability Office. 

15 (4) OPEN FORMAT.—The term ‘‘open format’’ 

16 means a file format for storing digital data based on 

17 an underlying open standard that— 

18 (A) is not encumbered by any restrictions 

19 that would impede reuse; and 

20 (B) is based on an underlying open data 

21 standard that is maintained by a standards or22 ganization. 

23 (5) REPORTS ONLINE PORTAL.—The term ‘‘re24 ports online portal’’ means the online portal estab25 lished under section (3)(a). 


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1 SEC. 9303. ESTABLISHMENT OF ONLINE PORTAL FOR CON2 GRESSIONALLY MANDATED REPORTS. 

3 (a) REQUIREMENT TO ESTABLISH ONLINE PORTAL.— 

4 (1) IN GENERAL.—Not later than 1 year after 

5 the date of enactment of this Act, the Director shall 

6 establish and maintain an online portal accessible by 

7 the public that allows the public to obtain electronic 

8 copies of all congressionally mandated reports in one 

9 place. The Director may publish other reports on the 

10 online portal. 

11 (2) EXISTING FUNCTIONALITY.—To the extent 

12 possible, the Director shall meet the requirements 

13 under paragraph (1) by using existing online portals 

14 and functionality under the authority of the Director. 

15 (3) CONSULTATION.—In carrying out this sub16 title, the Director shall consult with the Clerk of the 

17 House of Representatives, the Secretary of the Senate, 

18 and the Librarian of Congress regarding the require19 ments for and maintenance of congressionally man20 dated reports on the reports online portal. 

21 (b) CONTENT AND FUNCTION.—The Director shall en22 sure that the reports online portal includes the following: 

23 (1) Subject to subsection (c), with respect to each 

24 congressionally mandated report, each of the fol25 lowing: 


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1 (A) A citation to the statute, conference re2 port, or resolution requiring the report. 

3 (B) An electronic copy of the report, includ4 ing any transmittal letter associated with the re5 port, in an open format that is platform inde6 pendent and that is available to the public with7 out restrictions, including restrictions that would 

8 impede the re-use of the information in the re9 port. 

10 (C) The ability to retrieve a report, to the 

11 extent practicable, through searches based on 

12 each, and any combination, of the following: 

13 (i) The title of the report. 

14 (ii) The reporting Federal agency. 

15 (iii) The date of publication. 

16 (iv) Each congressional committee re17 ceiving the report, if applicable. 

18 (v) The statute, resolution, or con19 ference report requiring the report. 

20 (vi) Subject tags. 

21 (vii) A unique alphanumeric identifier 

22 for the report that is consistent across re23 port editions. 

24 (viii) The serial number, Super25 intendent of Documents number, or other 


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1 identification number for the report, if ap2 plicable. 

3 (ix) Key words. 

4 (x) Full text search. 

5 (xi) Any other relevant information 

6 specified by the Director. 

7 (D) The date on which the report was re8 quired to be submitted, and on which the report 

9 was submitted, to the reports online portal. 

10 (E) Access to the report not later than 30 

11 calendar days after its submission to Congress. 

12 (F) To the extent practicable, a permanent 

13 means of accessing the report electronically. 

14 (2) A means for bulk download of all congres15 sionally mandated reports. 

16 (3) A means for downloading individual reports 

17 as the result of a search. 

18 (4) An electronic means for the head of each Fed19 eral agency to submit to the reports online portal each 

20 congressionally mandated report of the agency, as re21 quired by section 4. 

22 (5) In tabular form, a list of all congressionally 

23 mandated reports that can be searched, sorted, and 

24 downloaded by— 


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1 (A) reports submitted within the required 

2 time; 

3 (B) reports submitted after the date on 

4 which such reports were required to be submitted; 

5 and 

6 (C) reports not submitted. 

7 (c) NONCOMPLIANCE BY FEDERAL AGENCIES.— 

8 (1) REPORTS NOT SUBMITTED.—If a Federal 

9 agency does not submit a congressionally mandated 

10 report to the Director, the Director shall to the extent 

11 practicable— 

12 (A) include on the reports online portal— 

13 (i) the information required under 

14 clauses (i), (ii), (iv), and (v) of subsection 

15 (b)(1)(C); and 

16 (ii) the date on which the report was 

17 required to be submitted; and 

18 (B) include the congressionally mandated 

19 report on the list described in subsection 

20 (b)(5)(C). 

21 (2) REPORTS NOT IN OPEN FORMAT.—If a Fed22 eral agency submits a congressionally mandated re23 port that is not in an open format, the Director shall 

24 include the congressionally mandated report in an25 other format on the reports online portal. 


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1 (d) FREE ACCESS.—The Director may not charge a 

2 fee, require registration, or impose any other limitation in 

3 exchange for access to the reports online portal. 

4 (e) UPGRADE CAPABILITY.—The reports online portal 

5 shall be enhanced and updated as necessary to carry out 

6 the purposes of this subtitle. 

7 SEC. 9304. FEDERAL AGENCY RESPONSIBILITIES. 

8 (a) SUBMISSION OF ELECTRONIC COPIES OF RE9 PORTS.—Concurrently with the submission to Congress of 

10 each congressionally mandated report, the head of the Fed11 eral agency submitting the congressionally mandated report 

12 shall submit to the Director the information required under 

13 subparagraphs (A) through (D) of section 3(b)(1) with re14 spect to the congressionally mandated report. Nothing in 

15 this subtitle shall relieve a Federal agency of any other re16 quirement to publish the congressionally mandated report 

17 on the online portal of the Federal agency or otherwise sub18 mit the congressionally mandated report to Congress or spe19 cific committees of Congress, or subcommittees thereof. 

20 (b) GUIDANCE.—Not later than 240 days after the date 

21 of enactment of this Act, the Director of the Office of Man22 agement and Budget, in consultation with the Director, 

23 shall issue guidance to agencies on the implementation of 

24 this Act. 


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1 (c) STRUCTURE OF SUBMITTED REPORT DATA.—The 

2 head of each Federal agency shall ensure that each congres3 sionally mandated report submitted to the Director com4 plies with the open format criteria established by the Direc5 tor in the guidance issued under subsection (b). 

6 (d) POINT OF CONTACT.—The head of each Federal 

7 agency shall designate a point of contact for congressionally 

8 mandated report. 

9 (e) LIST OF REPORTS.—As soon as practicable each 

10 calendar year (but not later than April 1), and on a rolling 

11 basis during the year if feasible, the Librarian of Congress 

12 shall submit to the Director a list of congressionally man13 dated reports from the previous calendar year, in consulta14 tion with the Clerk of the House of Representatives, which 

15 shall— 

16 (1) be provided in an open format; 

17 (2) include the information required under 

18 clauses (i), (ii), (iv), (v) of section 3(b)(1)(C) for each 

19 report; 

20 (3) include the frequency of the report; 

21 (4) include a unique alphanumeric identifier for 

22 the report that is consistent across report editions; 

23 (5) include the date on which each report is re24 quired to be submitted; and 


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1 (6) be updated and provided to the Director, as 

2 necessary. 

3 SEC. 9305. REMOVING AND ALTERING REPORTS. 

4 A report submitted to be published to the reports online 

5 portal may only be changed or removed, with the exception 

6 of technical changes, by the head of the Federal agency con7 cerned if— 

8 (1) the head of the Federal agency consults with 

9 each congressional committee to which the report is 

10 submitted; and 

11 (2) Congress enacts a joint resolution author12 izing the changing or removal of the report. 

13 SEC. 9306. RELATIONSHIP TO THE FREEDOM OF INFORMA14 TION ACT. 

15 (a) IN GENERAL.—Nothing in this subtitle shall be 

16 construed to— 

17 (1) require the disclosure of information or 

18 records that are exempt from public disclosure under 

19 section 552 of title 5, United States Code; or 

20 (2) to impose any affirmative duty on the Direc21 tor to review congressionally mandated reports sub22 mitted for publication to the reports online portal for 

23 the purpose of identifying and redacting such infor24 mation or records. 


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1 (b) REDACTION OF INFORMATION.—The head of a Fed2 eral agency may redact information required to be disclosed 

3 under this Act if the information would be properly with4 held from disclosure under section 552 of title 5, United 

5 States Code, and shall— 

6 (1) redact information required to be disclosed 

7 under this subtitle if disclosure of such information is 

8 prohibited by law; 

9 (2) redact information being withheld under this 

10 subsection prior to submitting the information to the 

11 Director; 

12 (3) redact only such information properly with13 held under this subsection from the submission of in14 formation or from any congressionally mandated re15 port submitted under this subtitle; 

16 (4) identify where any such redaction is made in 

17 the submission or report; and 

18 (5) identify the exemption under which each such 

19 redaction is made. 

20 SEC. 9307. IMPLEMENTATION. 

21 Except as provided in section 9304(b), this subtitle 

22 shall be implemented not later than 1 year after the date 

23 of enactment of this Act and shall apply with respect to 

24 congressionally mandated reports submitted to Congress on 

25 or after the date that is 1 year after such date of enactment. 


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1 Subtitle E—Severability 

2 SEC. 9401. 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 af9 fected by the holding. 

10 TITLE X—[RESERVED] 


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Union Calendar No. 5 

116TH CONGRESS 

1ST SESSION H. R. 1 

[Report No. 116–15, Part I] 

A BILL 

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 4, 2019 

Reported from the Committee on House Administration 

with an amendment 

MARCH 4, 2019 

Committees on Intelligence (Permanent Select), the Judiprinted House on the State of the Union and ordered to be charged; committed to the Committee of the Whole Financial Services, Ethics, and Homeland Security dis- Technology, Education and Labor, Ways and Means, ciary, Oversight and Reform, Science, Space, and 


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