831 
grants program money in Kentucky and Massachu-
setts, wrongful convictions based on police perjury in 
Missouri, and negotiations with drug offenders to 
drop or lower their charges in exchange for money 
or vehicles in Alabama, Arkansas, Georgia, Massa-
chusetts, New York, Ohio, and Wisconsin. 
(4) The most well-known Byrne-funded task 
force scandal occurred in Tulia, Texas, where dozens 
of African American residents (totaling over 16 per-
cent of the town’s African American population) 
were arrested, prosecuted, and sentenced to decades 
in prison, based solely on the uncorroborated testi-
mony of one undercover officer whose background 
included past allegations of misconduct, sexual har-
assment, unpaid debts, and habitual use of a racial 
epithet. The undercover officer was allowed to work 
alone, and not required to provide audiotapes, video 
surveillance, or eyewitnesses to corroborate his alle-
gations. Despite the lack of physical evidence or cor-
roboration, the charges were vigorously prosecuted. 
After the first few trials resulted in convictions and 
lengthy sentences, many defendants accepted plea 
bargains. Suspicions regarding the legitimacy of the 
charges eventually arose after two of the accused de-
fendants were able to produce convincing alibi evi-
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dence to prove that they were out of State or at 
work at the time of the alleged drug purchases. 
Texas Governor Rick Perry eventually pardoned the 
Tulia defendants (after four years of imprisonment), 
but these kinds of scandals continue to plague Byrne 
grant program spending. 
(5) A case arose in a Federal court in Waco, 
Texas concerning the wrongful arrests of 28 African 
Americans out of 4,500 other residents of Hearne, 
Texas. In November 2000 these individuals were ar-
rested on charges of possession or distribution of 
crack cocaine, and they subsequently filed a case 
against the county government. On May 11, 2005, 
a magistrate judge found sufficient evidence that a 
Byrne-funded anti-drug task force had routinely tar-
geted African Americans to hold the county liable 
for the harm suffered by the plaintiffs. Plaintiffs in 
that lawsuit alleged that for the past 15 years, based 
on the uncorroborated tales of informants, task force 
members annually raided the African American com-
munity in eastern Hearne to arrest the residents 
identified by the confidential informants, resulting in 
the arrest and prosecution of innocent citizens with-
out cause. On the eve of trial the counties involved 
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in the Hearne task force scandal settled the case, 
agreeing to pay financial damages to the plaintiffs. 
(6) Scandals related to the Byrne grants pro-
gram have grown so prolific that the Texas legisla-
ture has passed several reforms in response to them, 
including outlawing racial profiling and changing 
Texas law to prohibit drug offense convictions based 
solely on the word of an undercover informant. The 
Criminal Jurisprudence Committee of the Texas 
House of Representatives issued a report in 2004 
recommending that all of the State’s federally fund-
ed antidrug task forces be abolished because they 
are inherently prone to corruption. The Committee 
reported, ‘‘Continuing to sanction task force oper-
ations as stand-alone law enforcement entities—with 
widespread authority to operate at will across mul-
tiple jurisdictional lines—should not continue. The 
current approach violates practically every sound 
principle of police oversight and accountability appli-
cable to narcotics interdiction.’’ The Texas legisla-
ture passed a law that ends the ability of a narcotics 
task force to operate as an entity with no clear ac-
countability. The legislation transfers authority for 
multicounty drug task forces to the Department of 
Public Safety and channels one-quarter of asset for-
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feiture proceeds received by the task forces to a spe-
cial fund to support drug abuse prevention pro-
grams, drug treatment, and other programs de-
signed to reduce drug use in the county where the 
assets are seized. 
(7) Texas’s ‘‘corroboration’’ law was passed 
thanks to a coalition of Christian conservatives and 
civil rights activists. As one Texas preacher related, 
requiring corroboration ‘‘puts a protective hedge 
around the ninth commandment, ‘You shall not bear 
false witness against your neighbor.’ As long as peo-
ple bear false witness against their neighbors, this 
Biblical law will not be outdated.’’ 
(8) During floor debate, conservative Texas leg-
islators pointed out that Mosaic law requires cor-
roboration: ‘‘One witness shall not rise up against a 
man for any iniquity, or for any sin, in any sin that 
he sinneth: at the mouth of two witnesses, or at the 
mouth of three witnesses, shall the matter be estab-
lished.’’ Deuteronomy 19:15. Jesus concurred with 
the corroboration rule: ‘‘If thy brother shall trespass 
against thee, go and tell him his fault between thee 
and him alone. . . . But if he will not hear thee, then 
take with thee one or two more, that in the mouth 
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of two or three witnesses every word may be estab-
lished.’’ Matthew 18:15–16. 
(9) Texas’s ‘‘corroboration’’ law had an imme-
diate positive impact. Once prosecutors needed more 
than just the word of one person to convict someone 
of a drug offense they began scrutinizing law en-
forcement tactics. This new scrutiny led to the un-
covering of massive corruption and civil rights abuse 
by the Dallas police force. In what became known 
nationally as the ‘‘Sheetrock’’ scandal, Dallas police 
officers and undercover informants were found to 
have set up dozens of innocent people, mostly Mexi-
can immigrants, by planting fake drugs on them 
consisting of chalk-like material used in Sheetrock 
and other brands of wallboard. The revelations led 
to the dismissal of over 40 cases (although some of 
those arrested were already deported). In April 
2005, a former Dallas narcotics detective was sen-
tenced to five years in prison for his role in the 
scheme. Charges against others are pending. 
(10) Many regional antidrug task forces receive 
up to 75 percent of their funding from the Byrne 
grant program. As such, the United States Govern-
ment is accountable for corruption and civil rights 
abuses inherent in their operation. 
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(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) grants under the Byrne grants program 
should be prohibited for States that do not exercise 
effective control over antidrug task forces; 
(2) at a minimum, no State that fails to pro-
hibit criminal convictions based solely on the testi-
mony of a law enforcement officer or informants 
should receive a grant under such program; and 
(3) corroborative evidence, such as video or 
audio tapes, drugs, and money, should always be re-
quired for such criminal convictions to be sustained. 
SEC. 3004. LIMITATION ON RECEIPT OF BYRNE GRANT 
FUNDS AND OTHER DEPARTMENT OF JUS-
TICE LAW ENFORCEMENT ASSISTANCE. 
(a) LIMITATION.—For any fiscal year, a State shall 
not receive any amount that would otherwise be allocated 
to that State under section 505(a) of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 
3755(a)), or any amount from any other law enforcement 
assistance program of the Department of Justice, unless 
the State— 
(1) does not fund any antidrug task forces for 
that fiscal year; or 
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(2) has in effect throughout the State laws that 
ensure— 
(A) a person is not convicted of a drug of-
fense unless the fact that a drug offense was 
committed, and the fact that the person com-
mitted that offense, are each supported by evi-
dence other than the eyewitness testimony of a 
law enforcement officer or an individual acting 
on behalf of a law enforcement officer; and 
(B) a law enforcement officer does not par-
ticipate in an antidrug task force unless the 
honesty and integrity of that officer is evalu-
ated and found to be at an appropriately high 
level. 
(b) REGULATIONS.—The Attorney General shall pre-
scribe regulations to carry out subsection (a). 
(c) REALLOCATION.—Amounts not allocated by rea-
son of subsection (a) shall be reallocated to States not dis-
qualified by failure to comply with such subsection. 
SEC. 3005. COLLECTION OF DATA. 
(a) IN GENERAL.—A State that receives Federal 
funds pursuant to eligibility under section 3(a)(2), with 
respect to a fiscal year, shall collect data, for the most 
recent year for which funds were allocated to such State, 
with respect to the— 
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(1) racial distribution of charges made during 
that year; 
(2) nature of the criminal law specified in the 
charges made; and 
(3) city or law enforcement jurisdiction in 
which the charges were made. 
(b) REPORT.—As a condition of receiving Federal 
funds pursuant to section 3(a)(2), a State shall submit 
to Congress the data collected under subsection (a) by not 
later than the date that is 180 days prior to the date on 
which such funds are awarded for a fiscal year. 
TITLE IV—JUVENILE JUSTICE 
SEC. 4001. FINDINGS. 
Congress makes the following findings: 
(1) Black men and boys face disproportionate 
hardships that result in disparities in areas includ-
ing: education, criminal justice, health, employment, 
fatherhood, mentorship, and violence. These hard-
ships have negative consequences for national pro-
ductivity, especially for Black families and commu-
nities. 
(2) A Commission to study and examine issues 
which disproportionately have a negative impact on 
Black men and boys in America will signal that the 
issues facing the Black male population are a na-
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tional priority, will develop solutions to these hard-
ships, and will help eliminate the obstacles facing 
Black men and boys. 
(3) A Commission will also be able to inves-
tigate potential civil rights violations affecting this 
population that attract national attention. 
(4) Black babies are three times more likely to 
be born in poverty and rapidly fall behind their 
White counterparts in cognitive development. 
(5) By fourth grade, Black students are ex-
pected to be three years behind White male students. 
According to the Educational Testing Service Policy 
Informational Center, only 12 percent of Black 
eighth-grade male students are proficient in math, 
compared to 44 percent of White eighth-grade male 
students. 
(6) The Educational Testing Service Policy In-
formational Center also found that nationally, more 
than 50 percent of Black male students attending 
urban schools will drop out. 
(7) The low rate of high school retention among 
Black male students directly relates to high rates of 
joblessness and incarceration among this population. 
This barrier to employment exacerbates cycles of 
poverty, which in turn results in health inequalities, 
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including higher levels of diabetes, obesity, and HIV/ 
AIDS. According to a study by the American Acad-
emy of Arts and Sciences, more than 66 percent of 
Black male dropouts are expected to serve time in 
State or Federal prison. 
(8) Black men are subjected to unequal 
profiling by the police and disproportionately harsh 
sentences in the judicial system. The Black male 
population is six times more likely to become incar-
cerated than their White counterparts. Although the 
Black male population comprises approximately six 
percent of the United States population, of the 
2,300,000 people incarcerated nationwide, 1 million 
are Black males. Black males receive ten percent 
longer Federal sentences than White males who 
commit the same crime. 
(9) According to the Bureau of Statistics and 
the Pew Research Center, Black male unemployment 
is consistently almost double that of White male un-
employment. 
(10) Black fathers are more than twice as likely 
to live apart from their children as White fathers. 
(11) Young boys with male mentors are more 
likely to progress further in school and have greater 
financial success in life. 
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841 
SEC. 4002. COMMISSION ESTABLISHMENT AND MEMBER-
SHIP. 
(a) ESTABLISHMENT.—The Commission on the So-
cial Status of Black Men and Boys (hereinafter in this 
Act referred to as ‘‘the Commission’’) is hereby estab-
lished within the United States Commission on Civil 
Rights Office of the Staff Director. 
(b) MEMBERSHIP.—The Commission shall consist of 
19 members appointed as follows: 
(1) The Senate majority leader shall appoint 
one member who is not employed by the Federal 
Government and is an expert on issues affecting 
Black men and boys in America. 
(2) The Senate minority leader shall appoint 
one member who is not employed by the Federal 
Government and is an expert on issues affecting 
Black men and boys in America. 
(3) The House of Representatives majority 
leader shall appoint one member who is not em-
ployed by the Federal Government and is an expert 
on issues affecting Black men and boys in America. 
(4) The House of Representatives minority 
leader shall appoint one member who is not em-
ployed by the Federal Government and is an expert 
on issues affecting Black men and boys in America. 
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than 90 days after the Commission is established. If any 
appointing authorities fail to appoint a member to the 
Commission, their appointment shall be filled by the 
United States Commission on Civil Rights. 
(b) TERMS.—Except as otherwise provided in this 
section, the term of a member of the Commission shall 
be four years. For the purpose of providing staggered 
terms, the first term of those members initially appointed 
under paragraphs (1) through (5) of section 3 shall be 
appointed to two-year terms with all other terms lasting 
four years. Members are eligible for consecutive reappoint-
ment. 
(c) REMOVAL.—A member of the Commission may 
be removed from the Commission at any time by the ap-
pointing authority should the member fail to meet Com-
mission responsibilities. Once the seat becomes vacant, the 
appointing authority is responsible for filling the vacancy 
in the Commission before the next meeting. 
(d) VACANCIES.—The appointing authority of a 
member of the Commission shall either reappoint that 
member at the end of that member’s term or appoint an-
other person meeting the qualifications for that appoint-
ment. In the event of a vacancy arising during a term, 
the appointing authority shall, before the next meeting of 
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the Commission, appoint a replacement to finish that 
term. 
SEC. 4004. LEADERSHIP ELECTION. 
At the first meeting of the Commission each year, 
the members shall elect a Chair and a Secretary. A va-
cancy in the Chair or Secretary shall be filled by vote of 
the remaining members. The Chair and Secretary are eli-
gible for consecutive reappointment. 
SEC. 4005. COMMISSION DUTIES AND POWERS. 
(a) STUDY.—The Commission shall make a system-
atic study of the conditions affecting Black men and boys, 
including, but not limited to, homicide rates, arrest and 
incarceration 
rates, 
poverty, 
violence, 
fatherhood, 
mentorship, drug abuse, death rates, disparate income and 
wealth levels, school performance in all grade levels includ-
ing postsecondary levels and college, and health issues. 
The Commission shall also document trends under the 
above topics and report on the community impacts of rel-
evant government programs within the scope of the above 
topics. All reports shall be made public via a Federal agen-
cy website. 
(b) PROPOSAL
OF MEASURES.—The Commission 
shall propose measures to alleviate and remedy the under-
lying causes of the conditions described in the subsection 
(a), which may include recommendations of changes to the 
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846 
law, recommendations for how to implement related poli-
cies, and recommendations for how to create, develop, or 
improve upon government programs. 
(c) SUGGESTIONS AND COMMENTS.—The Commis-
sion shall accept suggestions or comments pertinent to the 
applicable issues from members of Congress, governmental 
agencies, public and private organizations, and private 
citizens. 
(d) STAFF
AND ADMINISTRATIVE SUPPORT.—The 
Office of the Staff Director of the United States Commis-
sion on Civil Rights shall provide staff and administrative 
support to the Commission. All entities of the United 
States Government shall provide information that is other-
wise a public record at the request of the Commission on 
Black Men and Boys. 
SEC. 4006. COMMISSION MEETING REQUIREMENTS. 
(a) FIRST MEETING.—The first meeting of the Com-
mission shall take place no later than 30 days after the 
initial members are all appointed. Meetings shall be fo-
cused on significant issues impacting Black men and boys, 
for the purpose of initiating research ideas and delegating 
research tasks to Commission members to initiate the first 
semiannual report. 
(b) QUARTERLY MEETINGS.—The Commission shall 
meet quarterly. In addition to all quarterly meetings, the 
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Commission shall meet at other times at the call of the 
Chair or as determined by a majority of Commission mem-
bers. 
(c) QUORUM; RULE
FOR VOTING
ON FINAL AC-
TIONS.—A majority of the members of the Commission 
constitute a quorum, and an affirmative vote of a majority 
of the members present is required for final action. 
(d) EXPECTATIONS
FOR ATTENDANCE
BY MEM-
BERS.—Members are expected to attend all Commission 
meetings. In the case of an absence, members are expected 
to report to the Chair prior to the meeting and allowance 
may be made for an absent member to participate re-
motely. Members will still be responsible for fulfilling prior 
commitments, regardless of attendance status. If a mem-
ber is absent twice in a given year, he or she will be re-
viewed by the Chair and appointing authority and further 
action will be considered, including removal and replace-
ment on the Commission. 
(e) MINUTES.—Minutes shall be taken at each meet-
ing by the Secretary, or in that individual’s absence, the 
Chair shall select another Commission member to take 
minutes during that absence. The Commission shall make 
its minutes publicly available and accessible not later than 
one week after each meeting. 
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848 
SEC. 4007. ANNUAL REPORT GUIDELINES. 
The Commission shall make an annual report, begin-
ning the year of the first Commission meeting. The report 
shall address the current conditions affecting Black men 
and boys and make recommendations to address these 
issues. The report shall be submitted to the President, the 
Congress, members of the President’s Cabinet, and the 
chairs of the appropriate committees of jurisdiction. The 
Commission shall make the report publicly available online 
on a centralized Federal website. 
SEC. 4008. COMMISSION COMPENSATION. 
Members of the Commission shall serve on the Com-
mission without compensation. 
TITLE V—PARENTAL INCARCER-
ATION (EXCLUDING CASES IN-
VOLVING 
CRIMES 
AGAINST 
CHILDREN) 
SEC. 5001. TREATMENT OF PRIMARY CARETAKER PARENTS 
AND OTHER INDIVIDUALS IN FEDERAL PRIS-
ONS. 
(a) IN GENERAL.—Chapter 303 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 4050. Treatment of primary caretaker parents and 
other individuals 
‘‘(a) DEFINITIONS.—In this section— 
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‘‘(1) the term ‘correctional officer’ means a cor-
rectional officer of the Bureau of Prisons; 
‘‘(2) the term ‘Director’ means the Director of 
the Bureau of Prisons; 
‘‘(3) the term ‘primary caretaker parent’ has 
the meaning given the term in section 31903 of the 
Violent Crime Control and Law Enforcement Act of 
1994 (42 U.S.C. 13882); and 
‘‘(4) the term ‘prisoner’ means an individual 
who is incarcerated in a Federal penal or correc-
tional institution. 
‘‘(b) GEOGRAPHIC PLACEMENT.— 
‘‘(1) ESTABLISHMENT OF OFFICE.—The Direc-
tor shall establish within the Bureau of Prisons an 
office that determines the placement of prisoners. 
‘‘(2) PLACEMENT
OF
PRISONERS.—In deter-
mining the placement of a prisoner, the office estab-
lished under paragraph (1) shall— 
‘‘(A) if the prisoner has children, place the 
prisoner as close to the children as possible; and 
‘‘(B) consider any other factor that the of-
fice determines appropriate. 
‘‘(c) VISITATION RULES.—The Director shall pro-
mulgate regulations for visitation between prisoners who 
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are primary caretaker parents and their family members 
under which— 
‘‘(1) a prisoner may receive visits not fewer 
than 6 days per week, which shall include Saturday 
and Sunday; 
‘‘(2) a Federal penal or correctional institution 
shall be open for visitation for not fewer than 8 
hours per day; 
‘‘(3) a prisoner may have up to 5 adult visitors 
and an unlimited number of child visitors per visit; 
and 
‘‘(4) a prisoner may have physical contact with 
visitors unless the prisoner presents an immediate 
physical danger to the visitors. 
‘‘(d) PLACEMENT IN SEGREGATED HOUSING UNITS; 
PROHIBITION ON SHACKLING.— 
‘‘(1) PLACEMENT
IN
SEGREGATED
HOUSING 
UNITS.— 
‘‘(A) IN
GENERAL.—A Federal penal or 
correctional institution may not place a prisoner 
who is pregnant or in the first 8 weeks of 
postpartum recovery in a segregated housing 
unit unless the prisoner presents an immediate 
risk of harm to others or herself. 
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‘‘(B) RESTRICTIONS.—Any placement of a 
prisoner described in subparagraph (A) in a 
segregated housing unit shall be limited and 
temporary. 
‘‘(2) PROHIBITION ON SHACKLING.—A Federal 
penal or correctional institution may not use instru-
ments of restraint, including handcuffs, chains, 
irons, straitjackets, or similar items, on a prisoner 
who is pregnant. 
‘‘(e) PARENTING CLASSES.—The Director shall pro-
vide parenting classes to each prisoner who is a primary 
caretaker parent. 
‘‘(f) TRAUMA-INFORMED CARE.— 
‘‘(1) IN GENERAL.—The Director shall provide 
trauma-informed care to each prisoner who is diag-
nosed with trauma. 
‘‘(2) IDENTIFICATION
AND
REFERRAL.—The 
Director shall provide training to each correctional 
officer and each other employee of the Bureau of 
Prisons who regularly interacts with prisoners, in-
cluding health care professionals and instructors, to 
enable the employees to identify prisoners with trau-
ma and refer those prisoners to the proper 
healthcare professional for treatment. 
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‘‘(g) MENTORING BY FORMER PRISONERS.—The Di-
rector shall promulgate regulations under which an indi-
vidual who was formerly incarcerated in a Federal penal 
or correctional institution may access such an institution 
to— 
‘‘(1) act as a mentor for prisoners; and 
‘‘(2) assist prisoners in reentry. 
‘‘(h) OMBUDSMAN.—The Attorney General shall des-
ignate an ombudsman to oversee and monitor, with re-
spect to Federal penal and correctional institutions— 
‘‘(1) prisoner transportation; 
‘‘(2) use of segregated housing; 
‘‘(3) strip searches of prisoners; and 
‘‘(4) civil rights violations. 
‘‘(i) TELECOMMUNICATIONS.— 
‘‘(1) IN GENERAL.—The Director— 
‘‘(A) may not charge a fee for a telephone 
call made by a prisoner; and 
‘‘(B) shall make videoconferencing avail-
able to prisoners in each Federal penal or cor-
rectional institution free of charge. 
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in 
paragraph (1)(B) shall be construed to authorize the 
Director to use videoconferencing as a substitute for 
in-person visits. 
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‘‘(j) INMATE HEALTH.— 
‘‘(1) HEALTHCARE PRODUCTS.— 
‘‘(A) AVAILABILITY.—The Director shall 
make the healthcare products described in sub-
paragraph (C) available to prisoners for free, in 
a quantity that is appropriate to the healthcare 
needs of each prisoner. 
‘‘(B) QUALITY OF PRODUCTS.—The Direc-
tor shall ensure that the healthcare products 
provided under this paragraph conform with ap-
plicable industry standards. 
‘‘(C) PRODUCTS.—The healthcare products 
described in this subparagraph are— 
‘‘(i) tampons; 
‘‘(ii) sanitary napkins; 
‘‘(iii) moisturizing soap, which may 
not be lye-based; 
‘‘(iv) shampoo; 
‘‘(v) body lotion; 
‘‘(vi) Vaseline; 
‘‘(vii) toothpaste; 
‘‘(viii) toothbrushes; 
‘‘(ix) aspirin; 
‘‘(x) ibuprofen; and 
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‘‘(xi) any other healthcare product 
that the Director determines appropriate. 
‘‘(2) GYNECOLOGIST
ACCESS.—The Director 
shall ensure that female prisoners have access to a 
gynecologist. 
‘‘(k) USE OF SEX-APPROPRIATE CORRECTIONAL OF-
FICERS.— 
‘‘(1) REGULATIONS.—The Director shall pro-
mulgate regulations under which— 
‘‘(A) a correctional officer may not conduct 
a strip search of a prisoner of the opposite sex 
unless— 
‘‘(i) the prisoner presents a risk of 
immediate harm to herself or himself or 
others; and 
‘‘(ii) no other correctional officer of 
the same sex as the prisoner is available to 
assist; and 
‘‘(B) a correctional officer may not enter a 
restroom reserved for prisoners of the opposite 
sex unless— 
‘‘(i)(I) a prisoner in the restroom pre-
sents a risk of immediate harm to herself 
or himself or others; or 
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‘‘(II) there is a medical emergency in 
the restroom; and 
‘‘(ii) no other correctional officer of 
the appropriate sex is available to assist. 
‘‘(2) RELATION TO OTHER LAWS.—Nothing in 
paragraph (1) shall be construed to affect the re-
quirements under the Prison Rape Elimination Act 
of 2003 (42 U.S.C. 15601 et seq.).’’. 
(b) 
SUBSTANCE
ABUSE
TREATMENT.—Section 
3621(e) of title 18, United States Code, is amended by 
adding at the end the following: 
‘‘(7) ELIGIBILITY
OF
PRIMARY
CARETAKER 
PARENTS AND PREGNANT WOMEN.—The Bureau of 
Prisons may not prohibit a prisoner who is a pri-
mary caretaker parent (as defined in section 4050) 
or pregnant from participating in a program of resi-
dential substance abuse treatment provided under 
paragraph (1) based on the failure of the individual, 
before being committed to the custody of the Bu-
reau, to disclose to any official that the individual 
had a substance abuse problem.’’. 
(c) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 303 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘4050. Treatment of primary caretaker parents and other individuals.’’. 
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SEC. 5002. OVERNIGHT VISIT PILOT PROGRAM. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘Director’’ means the Director of 
the Bureau of Prisons; 
(2) the term ‘‘primary caretaker parent’’ has 
the meaning given the term in section 31903 of the 
Violent Crime Control and Law Enforcement Act of 
1994 (42 U.S.C. 13882); and 
(3) the term ‘‘prisoner’’ means an individual 
who is incarcerated in a Federal penal or correc-
tional institution. 
(b) PILOT PROGRAM.—The Director shall carry out 
a pilot program under which prisoners who are primary 
caretaker parents and meet eligibility criteria established 
by the Director may receive overnight visits from family 
members. 
(c) ELIGIBILITY CRITERIA.—In establishing eligi-
bility criteria for the pilot program under subsection (b), 
the Director shall— 
(1) require that a prisoner have displayed good 
behavior; and 
(2) prohibit participation by any prisoner who 
has been convicted of a crime of violence (as defined 
in section 16 of title 18, United States Code). 
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TITLE VI—SENTENCING REFORM 
SEC. 6001. FINDINGS. 
Congress makes the following findings: 
(1) Mandatory minimum sentences are statu-
torily prescribed terms of imprisonment that auto-
matically attach upon conviction of certain criminal 
conduct, usually pertaining to drug or firearm of-
fenses. Absent very narrow criteria for relief, a sen-
tencing judge is powerless to mandate a term of im-
prisonment below the mandatory minimum. Manda-
tory minimum sentences for drug offenses rely solely 
upon the weight of the substance as a proxy for the 
degree of involvement of a defendant’s role. 
(2) In the Anti-Drug Abuse Act of 1986, and 
at the height of the public outcry over crack cocaine, 
Congress acted hastily, without sufficient hearings, 
and enacted hard line penalties that targeted low- 
level drug offenders. These penalties included new, 
long mandatory minimum sentences for such offend-
ers. 
(3) According to the Bureau of Prisons, in 
1986, when the new drug law containing lengthy 
mandatory minimum sentences passed, the prison 
population was 46,055. Today, the Federal prison 
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population is over 186,094 prisoners, up almost 300 
percent in 31 years. 
(4) According to the Bureau of Prisons, the 
cost to keep one prisoner in Federal prison for one 
year is over $31,000. 
(5) According to the Department of Justice, 
since the enactment of mandatory minimum sen-
tencing for drug users, the Federal Bureau of Pris-
ons budget increased from $876 million in 1987 to 
about $7.1 billion in 2017. 
(6) According to the U.S. Sentencing Commis-
sion, between 1995 and 2010, over 400,000 drug of-
fenders were sentenced under Federal law; of these, 
almost 250,000 (61 percent) received mandatory 
minimum sentences. 
(7) According to the U.S. Sentencing Commis-
sion, drug offenders released from prison in 1986 
who had been sentenced before the adoption of man-
datory sentences and sentencing guidelines had 
served an average of 22 months in prison. In 2010, 
almost two-thirds of all drug offenders received a 
mandatory sentence, with most receiving a 10-year 
minimum. Most of these offenders are nonviolent or 
lower-level offenders with little or no criminal his-
tory: in 2010, 51.6 percent had few or no prior con-
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victions, 83.6 percent did not have weapons involved 
in their offense, and only 6 percent were considered 
leaders, managers, or supervisors of drug operations. 
(8) Mandatory minimum sentences have con-
sistently been shown to have a disproportionate im-
pact on African-Americans. The United States Sen-
tencing Commission, in a 15-year overview of the 
Federal sentencing system, concluded that ‘‘manda-
tory penalty statutes are used inconsistently’’ and 
disproportionately affect African-American defend-
ants. African-American drug defendants are 20 per-
cent more likely to be sentenced to prison than 
White drug defendants. 
(9) According to the U.S. Sentencing Commis-
sion, between 1994 and 2003, the average time 
served by African-Americans for a drug offense in-
creased by 62 percent, compared to a 17 percent in-
crease among White drug defendants. 
(10) According to the Substance Abuse and 
Mental Health Services Administration, government 
surveys document that drug use is roughly con-
sistent across racial and ethnic groups. While there 
is less data available regarding drug sellers, research 
from the Office of National Drug Control Policy and 
the National Institute of Justice has found that 
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drug users generally buy drugs from someone of 
their own racial or ethnic background. But, accord-
ing to the U.S. Sentencing Commission, over 70 per-
cent of all Federal narcotics offenders sentenced 
each year are African-Americans and Hispanic 
Americans, many of whom are low-level offenders. 
(11) As a result of Federal prosecutors’ focus 
on low-level drug offenders, the overwhelming major-
ity of individuals subject to the heightened crack co-
caine penalties are African-American. According to 
the U.S. Sentencing Commission’s 2007 Report to 
Congress on crack cocaine, only 8.8 percent of Fed-
eral crack cocaine convictions were imposed on 
White Americans, while 81.8 percent and 8.4 per-
cent were imposed on African-Americans and His-
panics, respectively. 
(12) According to the U.S. Census, African- 
Americans comprise 12 percent of the U.S. popu-
lation and, according to the Substance Abuse and 
Mental Health Services Administration, about 10 
percent of all drug users, but almost 30 percent of 
all Federal drug convictions according to the U.S. 
Sentencing Commission. 
(13) According to the U.S. Sentencing Commis-
sion, African-Americans, on average, now serve al-
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most as much time in Federal prison for a drug of-
fense (58.7 months) as Whites do for a violent of-
fense (61.7 months). 
(14) According to the U.S. Sentencing Commis-
sion, in 2010, almost 30 percent of women entering 
Federal prison did so for a drug offense. Linking 
drug quantity with punishment severity has had a 
particularly profound impact on women, who are 
more likely to play peripheral roles in a drug enter-
prise than men. However, because prosecutors can 
attach drug quantities to an individual regardless of 
the level of a defendant’s participation in the 
charged offense, women have been exposed to in-
creasingly punitive sentences to incarceration. 
(15) Low-level and mid-level drug offenders can 
be adequately prosecuted by the States and punished 
or supervised in treatment as appropriate. 
(16) The Departments of Justice, Treasury, 
and Homeland Security are the agencies with the 
greatest capacity to investigate, prosecute and dis-
mantle the highest level of drug trafficking organiza-
tions. Low-level drug offender investigations and 
prosecutions divert Federal personnel and resources 
from prosecuting high-level traffickers. 
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(17) Congress must have the most current in-
formation on the number of prosecutions of high- 
level and low-level drug offenders in order to prop-
erly reauthorize Federal drug enforcement programs. 
(18) Congress has an obligation to taxpayers to 
use sentencing policies that are cost-effective and in-
crease public safety, in addition to establishing a 
criminal justice system that is fair, efficient and pro-
vides just sentences for offenders. Mandatory sen-
tences have not been conclusively shown to reduce 
recidivism or deter crime. 
(19) Prisons are important and expensive; the 
limited resources in the Federal criminal justice sys-
tem should be used to protect society by incapaci-
tating dangerous and violent offenders who pose a 
threat to public safety. The Federal judiciary has 
the expertise and is in the best position to sentence 
each offender and determine who should be sent to 
Federal prisons and the amount of time each of-
fender should serve. 
SEC. 6002. APPROVAL OF CERTAIN PROSECUTIONS BY AT-
TORNEY GENERAL. 
A Federal prosecution for an offense under the Con-
trolled Substances Act, the Controlled Substances Import 
and Export Act, or for any conspiracy to commit such an 
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offense, where the offense involves the illegal distribution 
or possession of a controlled substance in an amount less 
than that amount specified as a minimum for an offense 
under section 401(b)(1)(A) of the Controlled Substances 
Act (21 U.S.C. 841(b)(1)(A)) or, in the case of any sub-
stance containing cocaine or cocaine base, in an amount 
less than 500 grams, shall not be commenced without the 
prior written approval of the Attorney General. 
SEC. 6003. MODIFICATION OF CERTAIN SENTENCING PRO-
VISIONS. 
(a) SECTION 404.—Section 404(a) of the Controlled 
Substances Act (21 U.S.C. 844(a)) is amended— 
(1) by striking ‘‘not less than 15 days but’’; 
(2) by striking ‘‘not less than 90 days but’’; 
and 
(3) by striking the sentence beginning ‘‘The im-
position or execution of a minimum sentence’’. 
(b) SECTION 401.—Section 401(b) of the Controlled 
Substances Act (21 U.S.C. 841(b)) is amended— 
(1) in paragraph (1)(A)— 
(A) by striking ‘‘which may not be less 
than 10 years and or more than’’ and inserting 
‘‘for any term of years or for’’; 
(B) by striking ‘‘and if death’’ the first 
place it appears and all that follows through 
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‘‘20 years or more than life’’ the first place it 
appears; 
(C) by striking ‘‘which may not be less 
than 20 years and not more than life imprison-
ment’’ and inserting ‘‘for any term of years or 
for life’’; 
(D) by inserting ‘‘imprisonment for any 
term of years or’’ after ‘‘if death or serious bod-
ily injury results from the use of such substance 
shall be sentenced to’’; 
(E) by striking the sentence beginning ‘‘If 
any person commits a violation of this subpara-
graph’’; and 
(F) by striking the sentence beginning 
‘‘Notwithstanding any other provision of law’’ 
and the sentence beginning ‘‘No person sen-
tenced’’; and 
(2) in paragraph (1)(B)— 
(A) by striking ‘‘which may not be less 
than 5 years and’’ and inserting ‘‘for’’; 
(B) by striking ‘‘not less than 20 years or 
more than’’ and inserting ‘‘for any term of 
years or to’’; 
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(C) by striking ‘‘which may not be less 
than 10 years and more than’’ and inserting 
‘‘for any term of years or for’’; 
(D) by inserting ‘‘imprisonment for any 
term of years or to’’ after ‘‘if death or serious 
bodily injury results from the use of such sub-
stance shall be sentenced to’’; and 
(E) by striking the sentence beginning 
‘‘Notwithstanding any other provision of law’’. 
(c) SECTION 1010.—Section 1010(b) of the Con-
trolled Substances Import and Export Act (21 U.S.C. 
960(b)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘of not less than 10 years 
and not more than’’ and inserting ‘‘for any 
term of years or for’’; 
(B) by striking ‘‘and if death’’ the first 
place it appears and all that follows through 
‘‘20 years and not more than life’’ the first 
place it appears; 
(C) by striking ‘‘of not less than 20 years 
and not more than life imprisonment’’ and in-
serting ‘‘for any term of years or for life’’; 
(D) by inserting ‘‘imprisonment for any 
term of years or to’’ after ‘‘if death or serious 
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bodily injury results from the use of such sub-
stance shall be sentenced to’’; and 
(E) by striking the sentence beginning 
‘‘Notwithstanding any other provision of law’’; 
and 
(2) in paragraph (2)— 
(A) by striking ‘‘not less than 5 years 
and’’; 
(B) by striking ‘‘of not less than twenty 
years and not more than’’ and inserting ‘‘for 
any term of years or for’’; 
(C) by striking ‘‘of not less than 10 years 
and not more than’’ and inserting ‘‘for any 
term of years or to’’; 
(D) by inserting ‘‘imprisonment for any 
term of years or to’’ after ‘‘if death or serious 
bodily injury results from the use of such sub-
stance shall be sentenced to’’; and 
(E) by striking the sentence beginning 
‘‘Notwithstanding any other provision of law’’. 
(d) SECTION 418.—Section 418 of the Controlled 
Substances Act (21 U.S.C. 859) is amended by striking 
the sentence beginning ‘‘Except to the extent’’ each place 
it appears and by striking the sentence beginning ‘‘The 
mandatory minimum’’. 
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(e) SECTION 419.—Section 419 of the Controlled 
Substances Act (21 U.S.C. 860) is amended by striking 
the sentence beginning ‘‘Except to the extent’’ each place 
it appears and by striking the sentence beginning ‘‘The 
mandatory minimum’’. 
(f) SECTION 420.—Section 420 of the Controlled 
Substances Act (21 U.S.C. 861) is amended— 
(1) in each of subsections (b) and (c), by strik-
ing the sentence beginning ‘‘Except to the extent’’; 
(2) by striking subsection (e); and 
(3) in subsection (f), by striking ‘‘, (c), and (e)’’ 
and inserting ‘‘and (c)’’. 
SEC. 6004. ELIGIBILITY FOR RESENTENCING BASED ON 
CHANGES IN LAW. 
In the case of a defendant who was sentenced to a 
term of imprisonment for an offense for which the min-
imum or maximum term of imprisonment was subse-
quently reduced as a result of the amendments made by 
this Act, upon motion of the defendant, counsel for the 
defendant, counsel for the Government, or the Director 
of the Bureau of Prisons, or, on its own motion, the court 
may reduce the term of imprisonment consistent with that 
reduction, after considering the factors set forth in sub-
sections (a) and (d) through (g) of section 3553 to the 
extent applicable. If the court does grant a sentence reduc-
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868 
tion, the reduced sentence shall not be less than permitted 
under current statutory law. If the court denies a motion 
made under this paragraph, the movant may file another 
motion under this subsection, not earlier than 5 years 
after each denial, which may be granted if the offender 
demonstrates the offender’s compliance with recidivism-re-
duction programming or other efforts the offender has un-
dertaken to improve the likelihood of successful re-entry 
and decrease any risk to public safety posed by the defend-
ant’s release. If the court denies the motion due to incor-
rect legal conclusions or facts or other mistakes by the 
court, probation officer, or counsel, the defendant may file 
another motion under this subsection at any time.″ 
SEC. 6005. DIRECTIVES TO THE SENTENCING COMMISSION. 
(a) GENERALLY.—Pursuant to its authority under 
section 994(p) of title 28, United States Code, and in ac-
cordance with this section, the United States Sentencing 
Commission shall review and amend its guidelines and its 
policy statements applicable to persons convicted of an of-
fense under the Controlled Substances Act (21 U.S.C. 801 
et seq.), the Controlled Substances Import and Export Act 
(21 U.S.C. 951 et seq.), or any offense deriving its pen-
alties therefrom to ensure that the guidelines and policy 
statements are consistent with the amendments made by 
this title. 
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(b) CONSIDERATIONS.—In carrying out this section, 
the United States Sentencing Commission shall con-
sider— 
(1) the mandate of the United States Sen-
tencing Commission, under section 994(g) of title 
28, United States Code, to formulate the sentencing 
guidelines in such a way as to ‘‘minimize the likeli-
hood that the Federal prison population will exceed 
the capacity of the Federal prisons’’; 
(2) the relevant public safety concerns, includ-
ing the need to preserve limited prison resources for 
more serious, repeat, and violent offenders; 
(3) the intent of Congress that violent, repeat, 
and high-level drug traffickers who present public 
safety risks receive sufficiently severe sentences, and 
that nonviolent, lower- and street-level drug offend-
ers without serious records receive proportionally 
less severe sentences; 
(4) the fiscal implications of any amendments 
or revisions to the sentencing guidelines or policy 
statements made by the United States Sentencing 
Commission; 
(5) the appropriateness of, and likelihood of un-
warranted sentencing disparity resulting from, use 
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of drug type and quantity as the primary factors de-
termining a sentencing guideline range; and 
(6) the need to reduce and prevent racial dis-
parities in Federal sentencing. 
(c) GENERAL INSTRUCTION TO SENTENCING COM-
MISSION.—Section 994(h) of title 28, United States Code, 
is amended to read as follows: 
‘‘(h) The Commission shall ensure that the guidelines 
specify a sentence to a term of imprisonment at or near 
the maximum term authorized for categories of defendants 
in which the defendant is 18 years old or older and— 
‘‘(1) has been convicted of a felony that is— 
‘‘(A) a violent felony as defined in section 
924(e)(2)(B) of title 18; or 
‘‘(B) an offense under— 
‘‘(i) section 401 of the Controlled 
Substances Act; 
‘‘(ii) section 1002(a), 1005, or 1009 
of the Controlled Substances Import and 
Export Act; or 
‘‘(iii) chapter 705 of title 46, United 
States Code; and 
‘‘(2) has previously been convicted of two or 
more prior offenses, each of which is— 
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‘‘(A) is classified by the applicable law of 
the convicting jurisdiction as a felony; and 
‘‘(B) is (i) a violent felony as defined in 
section 924(e)(2)(B) of title 18; or 
‘‘(ii) a felony drug offense as defined 
in section 102(44) of the Controlled Sub-
stances Act.’’. 
SEC. 6006. EXCLUSION OF ACQUITTED CONDUCT AND DIS-
CRETION TO DISREGARD MANIPULATED CON-
DUCT FROM CONSIDERATION DURING SEN-
TENCING. 
(a) ACQUITTED CONDUCT NOT TO BE CONSIDERED 
IN SENTENCING.—Section 3661 of title 18, United States 
Code, is amended by striking the period at the end and 
inserting ‘‘, except that a court shall not consider conduct 
of which a person has not been convicted.’’. 
(b) PROVIDING DISCRETION TO DISREGARD CER-
TAIN FACTORS IN SENTENCING.— 
(1) TITLE 18, UNITED STATES CODE.—Section 
3553 of title 18, United States Code, is amended by 
adding at the end the following: 
‘‘(g) DISCRETION TO DISREGARD CERTAIN FAC-
TORS.—A court, in sentencing a defendant convicted 
under the Controlled Substances Act, the Controlled Sub-
stances Import and Export Act, any offense deriving its 
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penalties from either such Act, or an offense under section 
924(c) based on a drug trafficking crime, may disregard, 
in determining the statutory range, calculating the guide-
line range or considering the factors set forth in section 
3553(a), any type or quantity of a controlled substance, 
counterfeit substance, firearm or ammunition that was de-
termined by a confidential informant, cooperating witness, 
or law enforcement officer who solicited the defendant to 
participate in a reverse sting or fictitious stash-house rob-
bery.’’. 
(2) CONTROLLED
SUBSTANCES
ACT.—Section 
401(b)(1) of the Controlled Substances Act (21 
U.S.C. 841(b)(1)) is amended by adding at the end 
the following: 
‘‘(F) In the case of a person who conspires 
to commit an offense under this title, the type 
and quantity of the controlled or counterfeit 
substance for the offense that was the object of 
the conspiracy shall be the type and quantity 
involved in— 
‘‘(i) the defendant’s own unlawful 
acts; and 
‘‘(ii) any unlawful act of a co-con-
spirator that— 
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‘‘(I) the defendant agreed to 
jointly undertake; 
‘‘(II) was in furtherance of that 
unlawful act the defendant agreed to 
jointly undertake; and 
‘‘(III) was intended by the de-
fendant.’’. 
(3) CONTROLLED
SUBSTANCES
IMPORT
AND 
EXPORT
ACT.—Section 1010(b) of the Controlled 
Substances Import and Export Act (21 U.S.C. 
960(b)) is amended by adding at the end the fol-
lowing: 
‘‘(8) In the case of a person who conspires to 
commit an offense under this title, the type and 
quantity of the controlled or counterfeit substance 
for the offense that was the object of the conspiracy 
shall be the type and quantity involved in— 
‘‘(A) the defendant’s own unlawful acts; 
and 
‘‘(B) any unlawful act of a co-conspirator 
that— 
‘‘(i) the defendant agreed to jointly 
undertake; 
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‘‘(ii) was in furtherance of that unlaw-
ful act the defendant agreed to jointly un-
dertake; and 
‘‘(iii) was intended by the defend-
ant.’’. 
(4) DIRECTIVE TO THE SENTENCING COMMIS-
SION.—Pursuant to its authority under section 
994(p) of title 28, United States Code, and in ac-
cordance with this section, the United States Sen-
tencing Commission shall review and amend its 
guidelines and policy statements applicable to rel-
evant conduct to ensure that they are consistent 
with the amendments made by this section. 
(5) DEFINITIONS.—The following definitions 
apply in this section: 
(A) REVERSE STING.—The term ‘‘reverse 
sting’’ means a situation in which a person who 
is a law enforcement officer or is acting on be-
half of law enforcement initiates a transaction 
involving the sale of a controlled substance, 
counterfeit substance, firearms or ammunition 
to a targeted individual. 
(B) STASH
HOUSE.—The term ‘‘stash 
house’’ means a location where drugs and/or 
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money are stored in furtherance of a drug dis-
tribution operation. 
(C) 
FICTITIOUS
STASH
HOUSE
ROB-
BERY.—The term ‘‘fictitious stash house rob-
bery’’ means a situation in which a person who 
is a law enforcement officer or is acting on be-
half of law enforcement describes a fictitious 
stash house to a targeted individual and invites 
the targeted individual to rob such fictitious 
stash house. 
SEC. 6007. AMENDMENTS TO ENHANCED PENALTIES PROVI-
SION. 
Section 924(c) of title 18, United States Code, is 
amended— 
(1) in paragraph (1)(C), by striking, ‘‘In the 
case of a second or subsequent conviction under this 
subsection’’ and inserting ‘‘If a person is convicted 
under this subsection after a prior conviction under 
this subsection has become final’’; 
(2) in clause (i), by striking ‘‘not less than 25 
years’’ and inserting ‘‘no greater than 25 years’’; 
(3) by removing the language ‘‘or drug traf-
ficking crime’’ every time it appears; 
(4) by removing paragraph (2); and 
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(5) by renumbering paragraphs (3), (4), and 
(5) as (2), (3), and (4), respectively. 
SEC. 6008. ABILITY TO PETITION FOR RELEASE TO EX-
TENDED SUPERVISION FOR CERTAIN PRIS-
ONERS 
WHO 
ARE 
MEDICALLY 
INCAPACI-
TATED, GERIATRIC, OR CAREGIVER PARENTS 
OF MINOR CHILDREN AND WHO DO NOT 
POSE PUBLIC SAFETY RISKS. 
(a) ELIGIBILITY.—Subparagraph (A) of section 
3582(c)(1) of title 18, United States Code, is amended 
to read as follows: 
‘‘(A) the court, upon motion of the defend-
ant, the Director of the Bureau of Prisons, or 
on its own motion, may reduce the term of im-
prisonment after considering the factors set 
forth in section 3553(a) to the extent they are 
applicable, if it finds that— 
‘‘(i) extraordinary and compelling rea-
sons warrant such a reduction; or 
‘‘(ii) the defendant— 
‘‘(I) is at least 60 years of age; 
‘‘(II) has an extraordinary health 
condition; or 
‘‘(III) has been notified that— 
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‘‘(aa) the primary caregiver 
of the defendant’s biological or 
adopted child under the age of 18 
has died or has become medi-
cally, mentally, or psychologically 
incapacitated; 
‘‘(bb) the primary caregiver 
is therefore unable to care for the 
child any longer; and 
‘‘(cc) other family members 
or caregivers are unable to care 
for the child, such that the child 
is at risk of being placed in the 
foster care system; and’’. 
(b) INELIGIBILITY AND PROCEDURE.—Section 3582 
of title 18, United States Code, is amended by adding at 
the end the following: 
‘‘(e) INELIGIBILITY.—No prisoner is eligible for a 
modification of sentence under subsection (c)(1)(A) if the 
prisoner is serving a sentence of imprisonment for any of 
the following offenses: 
‘‘(1) A Federal conviction for homicide in which 
the prisoner was proven beyond a reasonable doubt 
to have had the intent to cause death and death re-
sulted. 
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‘‘(2) A Federal crime of terrorism, as defined 
under section 2332b(g)(5). 
‘‘(3) A Federal sex offense, as described in sec-
tion 111 of the Sex Offender Registration and Noti-
fication Act (42 U.S.C. 16911). 
‘‘(f) REQUIREMENTS
FOR CERTAIN MOTIONS.—If 
the prisoner makes a motion under subsection (c)(1)(A) 
on the basis of an extraordinary health condition or the 
death or incapacitation of the primary caregiver of the 
prisoner’s minor child, that prisoner shall provide docu-
mentation, as the case may be— 
‘‘(1) setting forth a relevant diagnosis regard-
ing the extraordinary health condition; or 
‘‘(2) that— 
‘‘(A) 
the 
requirements 
of 
subsection 
(c)(1)(A)(ii)(III) are met; and 
‘‘(B) the prisoner’s release— 
‘‘(i) is in the best interest of the child; 
and 
‘‘(ii) would not endanger public safety. 
‘‘(g) PROCEDURE FOR COURT DETERMINATION.—(1) 
Upon receipt of a prisoner’s motion under subsection 
(c)(1)(A), the court, after obtaining relevant contact infor-
mation from the Attorney General, shall send notice of the 
motion to the victim or victims, or appropriate surviving 
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relatives of a deceased victim, of the crime committed by 
the prisoner. The notice shall inform the victim or victims 
or surviving relatives of a deceased victim of how to pro-
vide a statement prior to a determination by the court on 
the motion. 
‘‘(2) Not later than 60 days after receiving a pris-
oner’s motion for modification under subsection (c)(1)(A), 
the court shall hold a hearing on the motion if the motion 
has not been granted. 
‘‘(3) The court shall grant the modification under 
subsection (c)(1)(A) if the court determines that— 
‘‘(A) the prisoner meets the criteria pursuant to 
section (c)(1)(A); and 
‘‘(B) there is a low likelihood that the prisoner 
will pose a risk to public safety. 
‘‘(4) In determining a prisoner’s motion for a modi-
fication of sentence under subsection (c)(1)(A) the court 
shall consider the following: 
‘‘(A) The age of the prisoner and years served 
in prison. 
‘‘(B) The criminogenic needs and risk factors of 
the offender. 
‘‘(C) The prisoner’s behavior in prison. 
‘‘(D) An evaluation of the prisoner’s community 
and familial bonds. 
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‘‘(E) An evaluation of the prisoner’s health. 
‘‘(F) A victim statement, if applicable, pursuant 
to paragraph (1). 
‘‘(h) ACTIONS WITH RESPECT TO SUCCESSFUL MO-
TION.—If the court grants the prisoner’s motion pursuant 
to subsection (c)(1)(A), the court shall— 
‘‘(1) reduce the term of imprisonment for the 
prisoner in a manner that provides for the release of 
the prisoner not later than 30 days after the date 
on which the prisoner was approved for sentence 
modification; 
‘‘(2) modify the remainder of the term of im-
prisonment to home confinement or residential re- 
entry confinement with or without electronic moni-
toring; or 
‘‘(3) lengthen or impose a term of supervised 
release so that it expires on the same date as if the 
defendant received no relief under subsection (c)(1) 
(A) . 
‘‘(i) SUBSEQUENT MOTIONS.—If the court denies a 
prisoner’s motion pursuant to subsection (c)(1)(A), the 
prisoner may not file another motion under subsection 
(c)(1)(A) earlier than one year after the date of denial. 
If the court denies the motion due to incorrect legal con-
clusions or facts or other mistakes by the court, probation 
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officer, or counsel, the prisoner may file another motion 
under that subsection without regard to this limitation. 
‘‘(j) DEFINITION.—In this section, the term ‘extraor-
dinary health conditions’ means a condition afflicting a 
person, such as infirmity, significant disability, or a need 
for advanced medical treatment or services not readily or 
reasonably available within the correctional institution.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section take effect 1 year after the date of the enact-
ment of this Act. 
TITLE VII—DEATH PENALTY 
REFORM 
SEC. 7001. REPEAL OF FEDERAL LAWS PROVIDING FOR THE 
DEATH PENALTY. 
(a) HOMICIDE-RELATED OFFENSES.— 
(1) MURDER RELATED TO THE SMUGGLING OF 
ALIENS.—Section 274(a)(1)(B)(iv) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
1324(a)(1)(B)(iv)) is amended by striking ‘‘punished 
by death or’’. 
(2) DESTRUCTION OF AIRCRAFT, MOTOR VEHI-
CLES, 
OR
RELATED
FACILITIES
RESULTING
IN 
DEATH.—Section 34 of title 18, United States Code, 
is amended by striking ‘‘to the death penalty or’’. 
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(3) MURDER COMMITTED DURING A DRUG-RE-
LATED
DRIVE-BY
SHOOTING.—Section 36(b)(2)(A) 
of title 18, United States Code, is amended by strik-
ing ‘‘death or’’. 
(4) MURDER COMMITTED AT AN AIRPORT SERV-
ING
INTERNATIONAL
CIVIL
AVIATION.—Section 
37(a) of title 18, United States Code, is amended, 
in the matter following paragraph (2), by striking 
‘‘punished by death or’’. 
(5) MURDER
COMMITTED
USING
CHEMICAL 
WEAPONS.—Section 229A(a)(2) of title 18, United 
States Code, is amended— 
(A) in the paragraph heading, by striking 
‘‘DEATH PENALTY’’ and inserting ‘‘CAUS-
ING DEATH’’; and 
(B) by striking ‘‘punished by death or’’. 
(6) CIVIL
RIGHTS
OFFENSES
RESULTING
IN 
DEATH.—Chapter 13 of title 18, United States 
Code, is amended— 
(A) in section 241, by striking ‘‘, or may 
be sentenced to death’’; 
(B) in section 242, by striking ‘‘, or may 
be sentenced to death’’; 
(C) in section 245(b), by striking ‘‘, or 
may be sentenced to death’’; and 
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(D) in section 247(d)(1), by striking ‘‘, or 
may be sentenced to death’’. 
(7) MURDER OF A MEMBER OF CONGRESS, AN 
IMPORTANT EXECUTIVE OFFICIAL, OR A SUPREME 
COURT JUSTICE.—Section 351 of title 18, United 
States Code, is amended— 
(A) in subsection (b)— 
(i) by striking ‘‘(1)’’; and 
(ii) by striking ‘‘, or (2) by death’’ 
and all that follows through the end of the 
subsection and inserting a period; and 
(B) in subsection (d)— 
(i) by striking ‘‘(1)’’; and 
(ii) by striking ‘‘, or (2) by death’’ 
and all that follows through the end of the 
subsection and inserting a period. 
(8) DEATH
RESULTING
FROM
OFFENSES
IN-
VOLVING
TRANSPORTATION
OF
EXPLOSIVES, DE-
STRUCTION
OF
GOVERNMENT
PROPERTY, OR
DE-
STRUCTION OF PROPERTY RELATED TO FOREIGN OR 
INTERSTATE COMMERCE.—Section 844 of title 18, 
United States Code, is amended— 
(A) in subsection (d), by striking ‘‘or to 
the death penalty’’; 
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(B) in subsection (f)(3), by striking ‘‘sub-
ject to the death penalty, or’’; 
(C) in subsection (i), by striking ‘‘or to the 
death penalty’’; and 
(D) in subsection (n), by striking ‘‘(other 
than the penalty of death)’’. 
(9) MURDER COMMITTED BY USE OF A FIRE-
ARM
OR
ARMOR
PIERCING
AMMUNITION
DURING 
COMMISSION OF A CRIME OF VIOLENCE OR A DRUG 
TRAFFICKING
CRIME.—Section 924 of title 18, 
United States Code, is amended— 
(A) in subsection (c)(5)(B)(i), by striking 
‘‘punished by death or’’; and 
(B) in subsection (j)(1), by striking ‘‘by 
death or’’. 
(10) GENOCIDE.—Section 1091(b)(1) of title 
18, United States Code, is amended by striking 
‘‘death or’’. 
(11) 
FIRST
DEGREE
MURDER.—Section 
1111(b) of title 18, United States Code, is amended 
by striking ‘‘by death or’’. 
(12) MURDER BY A FEDERAL PRISONER.—Sec-
tion 1118 of title 18, United States Code, is amend-
ed— 
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FORMANT.—Section 1512(a)(2)(A) of title 18, 
United States Code, is amended by striking ‘‘the 
death penalty or’’. 
(17) MAILING OF INJURIOUS ARTICLES WITH 
INTENT TO KILL OR RESULTING IN DEATH.—Section 
1716(j)(3) of title 18, United States Code, is amend-
ed by striking ‘‘to the death penalty or’’. 
(18) ASSASSINATION OR KIDNAPPING RESULT-
ING IN THE DEATH OF THE PRESIDENT OR VICE 
PRESIDENT.—Section 1751 of title 18, United 
States Code, is amended— 
(A) in subsection (b)— 
(i) by striking ‘‘(1)’’; and 
(ii) by striking ‘‘, or (2) by death’’ 
and all that follows through the end of the 
subsection and inserting a period; and 
(B) in subsection (d)— 
(i) by striking ‘‘(1)’’; and 
(ii) by striking ‘‘, or (2) by death’’ 
and all that follows through the end of the 
subsection and inserting a period. 
(19) MURDER FOR HIRE.—Section 1958(a) of 
title 18, United States Code, is amended by striking 
‘‘death or’’. 
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(20) MURDER INVOLVED IN A RACKETEERING 
OFFENSE.—Section 1959(a)(1) of title 18, United 
States Code, is amended by striking ‘‘death or’’. 
(21) WILLFUL WRECKING OF A TRAIN RESULT-
ING IN DEATH.—Section 1992 of title 18, United 
States Code, is amended— 
(A) in subsection (a), in the matter fol-
lowing paragraph (10), by striking ‘‘or subject 
to death,’’; and 
(B) in subsection (b), in the matter fol-
lowing paragraph (3), by striking ‘‘, and if the 
offense resulted in the death of any person, the 
person may be sentenced to death’’. 
(22) BANK
ROBBERY-RELATED
MURDER
OR 
KIDNAPPING.—Section 2113(e) of title 18, United 
States Code, is amended by striking ‘‘death or’’. 
(23) MURDER RELATED TO A CARJACKING.— 
Section 2119(3) of title 18, United States Code, is 
amended by striking ‘‘, or sentenced to death’’. 
(24) MURDER
RELATED
TO
AGGRAVATED 
CHILD SEXUAL ABUSE.—Section 2241(c) of title 18, 
United States Code, is amended by striking ‘‘unless 
the death penalty is imposed,’’. 
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888 
(25) MURDER RELATED TO SEXUAL ABUSE.— 
Section 2245 of title 18, United States Code, is 
amended by striking ‘‘punished by death or’’. 
(26) MURDER RELATED TO SEXUAL EXPLOI-
TATION OF CHILDREN.—Section 2251(e) of title 18, 
United States Code, is amended by striking ‘‘pun-
ished by death or’’. 
(27) MURDER
COMMITTED
DURING
AN
OF-
FENSE
AGAINST
MARITIME
NAVIGATION.—Section 
2280(a)(1) of title 18, United States Code, is 
amended by striking ‘‘punished by death or’’. 
(28) MURDER
COMMITTED
DURING
AN
OF-
FENSE AGAINST A MARITIME FIXED PLATFORM.— 
Section 2281(a)(1) of title 18, United States Code, 
is amended by striking ‘‘punished by death or’’. 
(29) MURDER USING DEVICES OR DANGEROUS 
SUBSTANCES IN WATERS OF THE UNITED STATES.— 
Section 2282A of title 18, United States Code, is 
amended— 
(A) by striking subsection (b); and 
(B) by redesignating subsections (c) and 
(d) as subsections (b) and (c), respectively. 
(30) MURDER
INVOLVING
THE
TRANSPOR-
TATION OF EXPLOSIVE, BIOLOGICAL, CHEMICAL, OR 
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889 
RADIOACTIVE
OR
NUCLEAR
MATERIALS.—Section 
2283 of title 18, United States Code, is amended— 
(A) by striking subsection (b); and 
(B) by redesignating subsection (c) as sub-
section (b). 
(31) MURDER
INVOLVING
THE
DESTRUCTION 
OF
VESSEL
OR
MARITIME
FACILITY.—Section 
2291(d) of title 18, United States Code, is amended 
by striking ‘‘to the death penalty or’’. 
(32) MURDER OF A UNITED STATES NATIONAL 
IN ANOTHER COUNTRY.—Section 2332(a)(1) of title 
18, United States Code, is amended by striking 
‘‘death or’’. 
(33) MURDER BY THE USE OF A WEAPON OF 
MASS
DESTRUCTION.—Section 2332a of title 18, 
United States Code, is amended— 
(A) in subsection (a), in the matter fol-
lowing paragraph (4), by striking ‘‘, and if 
death results shall be punished by death’’ and 
all that follows through the end of the sub-
section and inserting a period; and 
(B) in subsection (b), by striking ‘‘, and if 
death results shall be punished by death’’ and 
all that follows through the end of the sub-
section and inserting a period. 
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(34) MURDER BY ACT OF TERRORISM TRAN-
SCENDING
NATIONAL
BOUNDARIES.—Section 
2332b(c)(1)(A) of title 18, United States Code, is 
amended by striking ‘‘by death, or’’. 
(35) MURDER
INVOLVING
TORTURE.—Section 
2340A(a) of title 18, United States Code, is amend-
ed by striking ‘‘punished by death or’’. 
(36) MURDER INVOLVING A WAR CRIME.—Sec-
tion 2441(a) of title 18, United States Code, is 
amended by striking ‘‘, and if death results to the 
victim, shall also be subject to the penalty of death’’. 
(37) MURDER
RELATED
TO
A
CONTINUING 
CRIMINAL ENTERPRISE OR RELATED MURDER OF A 
FEDERAL, STATE, OR
LOCAL
LAW
ENFORCEMENT 
OFFICER.—Section 408(e) of the Controlled Sub-
stances Act (21 U.S.C. 848(e)) is amended— 
(A) in the subsection heading, by striking 
‘‘Death Penalty’’ and inserting ‘‘Intentional 
Killing’’; and 
(B) in paragraph (1)— 
(i) subparagraph (A), by striking ‘‘, or 
may be sentenced to death’’; and 
(ii) in subparagraph (B), by striking 
‘‘, or may be sentenced to death’’. 
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891 
(38) DEATH RESULTING FROM AIRCRAFT HI-
JACKING.—Section 46502 of title 49, United States 
Code, is amended— 
(A) in subsection (a)(2)(B), by striking 
‘‘put to death or’’; and 
(B) in subsection (b)(1)(B), by striking 
‘‘put to death or’’. 
(b) NON-HOMICIDE-RELATED OFFENSES.— 
(1) ESPIONAGE.—Section 794(a) of title 18, 
United States Code, is amended by striking ‘‘pun-
ished by death or’’ and all that follows before the pe-
riod and inserting ‘‘imprisoned for any term of years 
or for life’’. 
(2) TREASON.—Section 2381 of title 18, United 
States Code, is amended by striking ‘‘shall suffer 
death, or’’. 
(c) TITLE 10.— 
(1) IN GENERAL.—Section 856 of title 10 is 
amended by inserting before the period at the end 
the following: ‘‘, except that the punishment may not 
include death’’. 
(2) OFFENSES.— 
(A) CONSPIRACY.—Section 881(b) of title 
10, United States Code (article 81(b) of the 
Uniform Code of Military Justice), is amended 
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892 
by striking ‘‘, if death results’’ and all that fol-
lows through the end and inserting ‘‘as a court- 
martial or military commission may direct.’’. 
(B) DESERTION.—Section 885(c) of title 
10, United States Code (article 85(c)), is 
amended by striking ‘‘, if the offense is com-
mitted in time of war’’ and all that follows 
through the end and inserting ‘‘as a court-mar-
tial may direct.’’. 
(C) ASSAULTING
OR
WILLFULLY
DIS-
OBEYING SUPERIOR COMMISSIONED OFFICER.— 
Section 890 of title 10, United States Code (ar-
ticle 90), is amended by striking ‘‘, if the of-
fense is committed in time of war’’ and all that 
follows and inserting ‘‘as a court-martial may 
direct.’’. 
(D) 
MUTINY
OR
SEDITION.—Section 
894(b) of title 10, United States Code (article 
94(b)), is amended by striking ‘‘by death or 
such other punishment’’. 
(E) MISBEHAVIOR BEFORE THE ENEMY.— 
Section 899 of title 10, United States Code (ar-
ticle 99), is amended by striking ‘‘by death or 
such other punishment’’. 
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894 
(K) ESPIONAGE.—Section 906a of title 10, 
United States Code (article 106a), is amend-
ed— 
(i) by striking subsections (b) and (c); 
(ii) by redesignating paragraphs (2) 
and (3) of subsection (a) as subsections (b) 
and (c), respectively; 
(iii) in subsection (a)— 
(I) by striking ‘‘(1)’’; 
(II) by striking ‘‘paragraph (2)’’ 
and inserting ‘‘subsection (b)’’; 
(III) by striking ‘‘paragraph (3)’’ 
and inserting ‘‘subsection (c)’’; and 
(IV) by striking ‘‘as a court-mar-
tial may direct,’’ and all that follows 
and inserting ‘‘as a court-martial may 
direct.’’; 
(iv) in subsection (b), as so redesig-
nated— 
(I) by striking ‘‘paragraph (1)’’ 
and inserting ‘‘subsection (a)’’; and 
(II) by redesignating subpara-
graphs (A), (B), and (C) as para-
graphs (1), (2), and (3), respectively; 
and 
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895 
(v) in subsection (c), as so redesig-
nated, by striking ‘‘paragraph (1)’’ and in-
serting ‘‘subsection (a)’’. 
(L) IMPROPER HAZARDING OF VESSEL.— 
The text of section 910 of title 10, United 
States Code (article 110), is amended to read 
as follows: 
‘‘Any person subject to this chapter who willfully and 
wrongfully, or negligently, hazards or suffers to be haz-
arded any vessel of the Armed Forces shall be punished 
as a court-martial may direct.’’. 
(M) MISBEHAVIOR OF SENTINEL.—Section 
913 of title 10, United States Code (article 
113), is amended by striking ‘‘, if the offense 
is committed in time of war’’ and all that fol-
lows and inserting ‘‘as a court-martial may di-
rect.’’. 
(N) MURDER.—Section 918 of title 10, 
United States Code (article 118), is amended 
by striking ‘‘death or imprisonment for life as 
a court-martial may direct’’ and inserting ‘‘im-
prisonment for life’’. 
(O) DEATH
OR
INJURY
OF
AN
UNBORN 
CHILD.—Section 919a(a) of title 10, United 
States Code, is amended— 
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(i) in paragraph (1), by striking ‘‘, 
other than death,’’; and 
(ii) by striking paragraph (4). 
(P) CRIMES TRIABLE BY MILITARY COM-
MISSION.—Section 950v(b) of title 10, United 
States Code, is amended— 
(i) in paragraph (1), by striking ‘‘by 
death or such other punishment’’; 
(ii) in paragraph (2), by striking ‘‘, if 
death results’’ and all that follows and in-
serting ‘‘as a military commission under 
this chapter may direct.’’; 
(iii) in paragraph (7), by striking ‘‘, if 
death results’’ and all that follows and in-
serting ‘‘as a military commission under 
this chapter may direct.’’; 
(iv) in paragraph (8), by striking ‘‘, if 
death results’’ and all that follows and in-
serting ‘‘as a military commission under 
this chapter may direct.’’; 
(v) in paragraph (9), by striking ‘‘, if 
death results’’ and all that follows and in-
serting ‘‘as a military commission under 
this chapter may direct.’’; 
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(vi) in paragraph (11)(A), by striking 
‘‘, if death results’’ and all that follows and 
inserting ‘‘as a military commission under 
this chapter may direct.’’; 
(vii) in paragraph (12)(A), by striking 
‘‘, if death results’’ and all that follows and 
inserting ‘‘as a military commission under 
this chapter may direct.’’; 
(viii) in paragraph (13)(A), by strik-
ing ‘‘, if death results’’ and all that follows 
and inserting ‘‘as a military commission 
under this chapter may direct.’’; 
(ix) in paragraph (14), by striking ‘‘, 
if death results’’ and all that follows and 
inserting ‘‘as a military commission under 
this chapter may direct.’’; 
(x) in paragraph (15), by striking ‘‘by 
death or such other punishment’’; 
(xi) in paragraph (17), by striking ‘‘, 
if death results’’ and all that follows and 
inserting ‘‘as a military commission under 
this chapter may direct.’’; 
(xii) in paragraph (23), by striking ‘‘, 
if death results’’ and all that follows and 
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inserting ‘‘as a military commission under 
this chapter may direct.’’; 
(xiii) in paragraph (24), by striking ‘‘, 
if death results’’ and all that follows and 
inserting ‘‘as a military commission under 
this chapter may direct.’’; 
(xiv) in paragraph (27), by striking 
‘‘by death or such other punishment’’; and 
(xv) in paragraph (28), by striking ‘‘, 
if death results’’ and all that follows and 
inserting ‘‘as a military commission under 
this chapter may direct.’’ 
(3) JURISDICTIONAL
AND
PROCEDURAL
MAT-
TERS.— 
(A) DISMISSED OFFICER’S RIGHT TO TRIAL 
BY
COURT-MARTIAL.—Section 804(a) of title 
10, United States Code (article 4(a) of the Uni-
form Code of Military Justice), is amended by 
striking ‘‘or death’’. 
(B) COURTS-MARTIAL
CLASSIFIED.—Sec-
tion 816(1)(A) of title 10, United States Code 
(article 10(1)(A)), is amended by striking ‘‘or, 
in a case in which the accused may be sen-
tenced to a penalty of death’’ and all that fol-
lows through ‘‘(article 25a)’’. 
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(C) JURISDICTION OF GENERAL COURTS- 
MARTIAL.—Section 818 of title 10, United 
States Code (article 18), is amended— 
(i) in the first sentence by striking 
‘‘including the penalty of death when spe-
cifically authorized by this chapter’’ and 
inserting ‘‘except death’’; and 
(ii) by striking the third sentence. 
(D) JURISDICTION
OF
SPECIAL
COURTS- 
MARTIAL.—Section 819 of title 10, United 
States Code (article 19), is amended in the first 
sentence by striking ‘‘for any noncapital of-
fense’’ and all that follows and inserting ‘‘for 
any offense made punishable by this chapter.’’. 
(E) JURISDICTION OF SUMMARY COURTS- 
MARTIAL.—Section 820 of title 10, United 
States Code (article 20), is amended in the first 
sentence by striking ‘‘noncapital’’. 
(F) NUMBER
OF
MEMBERS
IN
CAPITAL 
CASES.— 
(i) IN
GENERAL.—Section 825a of 
title 10, United States Code (article 25a), 
is repealed. 
(ii) 
CLERICAL
AMENDMENT.—The 
table of sections at the beginning of sub-
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chapter V of chapter 47 of title 10, United 
States Code, is amended by striking the 
item relating to section 825a (article 25a). 
(G) ABSENT
AND
ADDITIONAL
MEM-
BERS.—Section 829(b)(2) of title 10, United 
States Code (article 29(b)(2)), is amended by 
striking ‘‘or, in a case in which the death pen-
alty may be adjudged’’ and all that follows and 
inserting a period. 
(H) STATUTE
OF
LIMITATIONS.—Sub-
section (a) of section 843 of title 10, United 
States Code (article 43), is amended to read as 
follows: 
‘‘(a)(1) A person charged with an offense described 
in paragraph (2) may be tried and punished at any time 
without limitation. 
‘‘(2) An offense described in this paragraph is any 
offense as follows: 
‘‘(A) Absence without leave or missing move-
ment in time of war. 
‘‘(B) Murder. 
‘‘(C) Rape. 
‘‘(D) A violation of section 881 of this title (ar-
ticle 81) that results in death to one or more of the 
victims. 
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‘‘(E) Desertion or attempt to desert in time of 
war. 
‘‘(F) A violation of section 890 of this title (ar-
ticle 90) committed in time of war. 
‘‘(G) Attempted mutiny, mutiny, sedition, or 
failure to suppress or report a mutiny or sedition. 
‘‘(H) A violation of section 899 of this title (ar-
ticle 99). 
‘‘(I) A violation of section 900 of this title (arti-
cle 100). 
‘‘(J) A violation of section 901 of this title (ar-
ticle 101). 
‘‘(K) A violation of section 902 of this title (ar-
ticle 102). 
‘‘(L) A violation of section 904 of this title (ar-
ticle 104). 
‘‘(M) A violation of section 906 of this title (ar-
ticle 106). 
‘‘(N) A violation of section 906a of this title 
(article 106a). 
‘‘(O) A violation of section 910 of this title (ar-
ticle 110) in which the person subject to this chapter 
willfully and wrongfully hazarded or suffered to be 
hazarded any vessel of the Armed Forces. 
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‘‘(P) A violation of section 913 of this title (ar-
ticle 113) committed in time of war.’’. 
(I) PLEAS OF ACCUSED.—Section 845(b) 
of title 10, United States Code (article 45(b)), 
is amended— 
(i) by striking the first sentence; and 
(ii) by striking ‘‘With respect to any 
other charge’’ and inserting ‘‘With respect 
to any charge’’. 
(J) DEPOSITIONS.—Section 849 of title 
10, United States Code (article 49), is amend-
ed— 
(i) in subsection (d), by striking ‘‘in 
any case not capital’’; and 
(ii) by striking subsections (e) and (f). 
(K) 
ADMISSIBILITY
OF
RECORDS
OF 
COURTS OF INQUIRY.—Section 850 of title 10, 
United States Code (article 50), is amended— 
(i) in subsection (a), by striking ‘‘not 
capital and’’; and 
(ii) in subsection (b), by striking 
‘‘capital cases or’’. 
(L) NUMBER
OF
VOTES
REQUIRED
FOR 
CONVICTION AND SENTENCING BY COURT-MAR-
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TIAL.—Section 852 of title 10, United States 
Code (article 52), is amended— 
(i) in subsection (a)— 
(I) by striking paragraph (1); 
(II) by redesignating paragraph 
(2) as subsection (a); and 
(III) by striking ‘‘any other of-
fense’’ and inserting ‘‘any offense’’; 
and 
(ii) in subsection (b)— 
(I) by striking paragraph (1); 
and 
(II) by redesignating paragraphs 
(2) and (3) as paragraphs (1) and 
(2), respectively. 
(M) 
RECORD
OF
TRIAL.—Section 
854(c)(1)(A) of title 10, United States Code 
(article 54(c)(1)(A)), is amended by striking 
‘‘death,’’. 
(N) FORFEITURE
OF
PAY
AND
ALLOW-
ANCES
DURING
CONFINEMENT.—Section 
858b(a)(2)(A) of title 10, United States Code 
(article 58b(a)(2)(A)), is amended by striking 
‘‘or death’’. 
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(O) WAIVER
OR
WITHDRAWAL
OF
AP-
PEAL.—Section 861 of title 10, United States 
Code (article 61), is amended— 
(i) in subsection (a), by striking ‘‘ex-
cept a case in which the sentence as ap-
proved under section 860(c) of this title 
(article 60(c)) includes death,’’; and 
(ii) in subsection (b), by striking ‘‘Ex-
cept in a case in which the sentence as ap-
proved under section 860(c) of this title 
(article 60(c)) includes death, the accused’’ 
and inserting ‘‘The accused’’. 
(P) REVIEW BY COURT OF CRIMINAL AP-
PEALS.—Section 866(b) of title 10, United 
States Code (article 66(b)), is amended— 
(i) in the matter preceding paragraph 
(1), by inserting ‘‘in which’’ after ‘‘court- 
martial’’; 
(ii) in paragraph (1), by striking ‘‘in 
which the sentence, as approved, extends 
to death,’’ and inserting ‘‘the sentence, as 
approved, extends to’’; and 
(iii) in paragraph (2), by striking ‘‘ex-
cept in the case of a sentence extending to 
death,’’. 
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(Q) REVIEW BY COURT OF APPEALS FOR 
THE ARMED FORCES.—Section 867(a) of title 
10, United States Code (article 67(a)), is 
amended— 
(i) by striking paragraph (1); and 
(ii) by redesignating paragraphs (2) 
and (3) as paragraphs (1) and (2), respec-
tively. 
(R) EXECUTION
OF
SENTENCE.—Section 
871 of title 10, United States Code (article 71), 
is amended— 
(i) by striking subsection (a); 
(ii) by redesignating subsection (b) as 
subsection (a); 
(iii) by striking subsection (c) and in-
serting the following: 
‘‘(b)(1) If a sentence extends to dismissal or a dishon-
orable or bad conduct discharge and if the right of the 
accused to appellate review is not waived, and an appeal 
is not withdrawn, under section 861 of this title (article 
61), that part of the sentence extending to dismissal or 
a dishonorable or bad conduct discharge may not be exe-
cuted until there is a final judgment as to the legality of 
the proceedings (and with respect to dismissal, approval 
under subsection (a)). A judgment as to legality of the 
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proceedings is final in such cases when review is completed 
by a Court of Criminal Appeals and— 
‘‘(A) the time for the accused to file a petition 
for review by the Court of Appeals for the Armed 
Forces has expired and the accused has not filed a 
timely petition for such review and the case is not 
otherwise under review by that Court; 
‘‘(B) such a petition is rejected by the Court of 
Appeals for the Armed Forces; or 
‘‘(C) review is completed in accordance with the 
judgment of the Court of Appeals for the Armed 
Forces and— 
‘‘(i) a petition for a writ of certiorari is not 
filed within the time limits prescribed by the 
Supreme Court; 
‘‘(ii) such a petition is rejected by the Su-
preme Court; or 
‘‘(iii) review is otherwise completed in ac-
cordance with the judgment of the Supreme 
Court. 
‘‘(2) If a sentence extends to dismissal or a dishonor-
able or bad conduct discharge and if the right of the ac-
cused to appellate review is waived, or an appeal is with-
drawn, under section 861 of this title (article 61), that 
part of the sentence extending to dismissal or a bad con-
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duct or dishonorable discharge may not be executed until 
review of the case by a judge advocate (and any action 
on that review) under section 864 of this title (article 64) 
is completed. Any other part of a court-martial sentence 
may be ordered executed by the convening authority or 
other person acting on the case under section 860 of this 
title (article 60) when approved by him under that sec-
tion.’’; 
(iv) by redesignating subsection (d) as 
subsection (c); and 
(v) in subsection (c), as so redesig-
nated, by striking ‘‘, except a sentence of 
death’’. 
(S) GENERAL
ARTICLE.—Section 934 of 
title 10, United States Code (article 134), is 
amended by striking ‘‘crimes and offenses not 
capital’’ and inserting ‘‘crimes and offenses’’. 
(T) JURISDICTION OF MILITARY COMMIS-
SIONS.—Section 948d of title 10, United States 
Code, is amended by striking ‘‘including the 
penalty of death’’ and all that follows and in-
serting ‘‘except death.’’. 
(U) NUMBER OF MEMBERS OF MILITARY 
COMMISSIONS.—Subsection (a) of section 948m 
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908 
of title 10, United States Code, is amended to 
read as follows: 
‘‘(a) NUMBER OF MEMBERS.—A military commission 
under this chapter shall have at least 5 members.’’. 
(V) NUMBER
OF
VOTES
REQUIRED
FOR 
SENTENCING BY MILITARY COMMISSION.—Sec-
tion 949m of title 10, United States Code, is 
amended— 
(i) in subsection (b)— 
(I) by striking paragraph (1); 
and 
(II) by redesignating paragraphs 
(2) and (3) as paragraphs (1) and 
(2), respectively; and 
(ii) by striking subsection (c). 
(W) APPELLATE REFERRAL FOR MILITARY 
COMMISSIONS.—Section 950c of title 10, United 
States Code, is amended— 
(i) in subsection (b)(1), by striking 
‘‘Except a case in which the sentence as 
approved under section 950b of this title 
extends to death, an accused’’ and insert-
ing ‘‘An accused’’; and 
(ii) in subsection (c), by striking ‘‘Ex-
cept in a case in which the sentence as ap-
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proved under section 950b of this title ex-
tends to death, the accused’’ and inserting 
‘‘The accused’’. 
(X) EXECUTION OF SENTENCE BY MILI-
TARY COMMISSIONS.— 
(i) IN GENERAL.—Section 950i of title 
10, United States Code, is amended— 
(I) in the section heading, by 
striking ‘‘Execution of sentence; sus-
pension’’ and inserting ‘‘Suspension’’; 
(II) by striking subsections (b) 
and (c); 
(III) by redesignating subsection 
(d) as subsection (b); and 
(IV) in subsection (b), as so re-
designated, by striking ‘‘, except a 
sentence of death’’. 
(ii) 
CLERICAL
AMENDMENT.—The 
table of sections at the beginning of sub-
chapter VI of chapter 47A of title 10, 
United States Code, is amended by strik-
ing the item relating to section 950i and 
inserting the following new item: 
‘‘950i. Execution of sentence.’’. 
(d) CONFORMING AMENDMENTS.— 
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(1) REPEAL OF CRIMINAL PROCEDURES RELAT-
ING TO IMPOSITION OF DEATH SENTENCE.— 
(A) IN
GENERAL.—Chapter 228 of title 
18, United States Code, is repealed. 
(B) CLERICAL AMENDMENT.—The table of 
chapters for part II of title 18, United States 
Code, is amended by striking the item relating 
to chapter 228. 
(2) OTHER PROVISIONS.— 
(A) INTERCEPTION
OF
WIRE, ORAL, OR 
ELECTRONIC
COMMUNICATIONS.—Section 
2516(1)(a) of title 18, United States Code, is 
amended by striking ‘‘by death or’’. 
(B) RELEASE AND DETENTION PENDING 
JUDICIAL PROCEEDINGS.—Chapter 207 of title 
18, United States Code, is amended— 
(i) in section 3142(f)(1)(B), by strik-
ing ‘‘or death’’; and 
(ii) in section 3146(b)(1)(A)(i), by 
striking ‘‘death, life imprisonment,’’ and 
inserting ‘‘life imprisonment’’. 
(C) VENUE IN CAPITAL CASES.—Chapter 
221 of title 18, United States Code, is amend-
ed— 
(i) by striking section 3235; and 
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(ii) in the table of sections, by striking 
the item relating to section 3235. 
(D) PERIOD OF LIMITATIONS.— 
(i) IN GENERAL.—Chapter 213 of title 
18, United States Code, is amended by 
striking section 3281 and inserting the fol-
lowing: 
‘‘§ 3281. Offenses with no period of limitations 
‘‘An indictment may be found at any time without 
limitation for the following offenses: 
‘‘(1) A violation of section 274(a)(1)(A) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1324(a)(1)(A)) resulting in the death of any person. 
‘‘(2) A violation of section 34 of this title. 
‘‘(3) A violation of section 36(b)(2)(A) of this 
title. 
‘‘(4) A violation of section 37(a) of this title 
that results in the death of any person. 
‘‘(5) A violation of section 229A(a)(2) of this 
title. 
‘‘(6) A violation of section 241, 242, 245(b), or 
247(a) of this title that— 
‘‘(A) results in death; or 
‘‘(B) involved kidnapping or an attempt to 
kidnap, aggravated sexual abuse or an attempt 
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to commit aggravated sexual abuse, or an at-
tempt to kill. 
‘‘(7) A violation of subsection (b) or (d) of sec-
tion 351 of this title. 
‘‘(8) A violation of section 794(a) of this title. 
‘‘(9) A violation of subsection (d), (f), or (i) of 
section 844 of this title that results in the death of 
any person (including any public safety officer per-
forming duties as a direct or proximate result of 
conduct prohibited by such subsection). 
‘‘(10) An offense punishable under subsection 
(c)(5)(B)(i) or (j)(1) of section 924 of this title. 
‘‘(11) An offense punishable under section 
1091(b)(1) of this title. 
‘‘(12) A violation of section 1111 of this title 
that is murder in the first degree. 
‘‘(13) A violation of section 1118 of this title. 
‘‘(14) A violation of subsection (a) or (b) of sec-
tion 1121 of this title. 
‘‘(15) A violation of section 1201(a) of this title 
that results in the death of any person. 
‘‘(16) A violation of section 1203(a) of this title 
that results in the death of any person. 
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‘‘(17) An offense punishable under section 
1512(a)(3) of this title that is murder (as that term 
is defined in section 1111 of this title). 
‘‘(18) An offense punishable under section 
1716(j)(3) of this title. 
‘‘(19) A violation of subsection (b) or (d) of sec-
tion 1751 of this title. 
‘‘(20) A violation of section 1958(a) of this title 
that results in death. 
‘‘(21) A violation of section 1959(a) of this title 
that is murder. 
‘‘(22) A violation of subsection (a) (except for 
a violation of paragraph (8), (9), or (10) of such 
subsection) or (b) of section 1992 of this title that 
results in the death of any person. 
‘‘(23) A violation of section 2113(e) of this title 
that results in death. 
‘‘(24) An offense punishable under section 
2119(3) of this title. 
‘‘(25) An offense punishable under section 
2245(a) of this title. 
‘‘(26) A violation of section 2251 of this title 
that results in the death of a person. 
‘‘(27) A violation of section 2280(a)(1) of this 
title that results in the death of any person. 
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‘‘(28) A violation of section 2281(a)(1) of this 
title that results in the death of any person. 
‘‘(29) A violation of section 2282A(a) of this 
title that causes the death of any person. 
‘‘(30) A violation of section 2283(a) of this title 
that causes the death of any person. 
‘‘(31) An offense punishable under section 
2291(d) of this title. 
‘‘(32) An offense punishable under section 
2332(a)(1) of this title. 
‘‘(33) A violation of subsection (a) or (b) of sec-
tion 2332a of this title that results in death. 
‘‘(34) An offense punishable under section 
2332b(c)(1)(A) of this title. 
‘‘(35) A violation of section 2340A(a) of this 
title that results in the death of any person. 
‘‘(36) A violation of section 2381 of this title. 
‘‘(37) A violation of section 2441(a) of this title 
that results in the death of the victim. 
‘‘(38) A violation of section 408(e) of the Con-
trolled Substances Act (21 U.S.C. 848(e)). 
‘‘(39) An offense punishable under subsection 
(a)(2)(B) or (b)(1)(B) of section 46502 of title 49.’’. 
(ii) 
CLERICAL
AMENDMENT.—The 
table of sections for chapter 213 of title 
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18, United States Code, is amended by 
striking the item relating to section 3281 
and inserting the following: 
‘‘3281. Offenses with no period of limitations.’’. 
SEC. 7002. PROHIBITION ON IMPOSITION OF DEATH SEN-
TENCE. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, no person may be sentenced to death or put 
to death on or after the date of enactment of this Act 
for any violation of Federal law. 
(b) PERSONS SENTENCED BEFORE DATE OF ENACT-
MENT.—Notwithstanding any other provision of law, any 
person sentenced to death before the date of enactment 
of this Act for any violation of Federal law shall serve 
a sentence of life imprisonment without the possibility of 
parole. 
TITLE VIII—VOTING 
SEC. 8000. SHORT TITLE. 
(a) SHORT TITLE.—This title may be cited as the 
‘‘Voter Empowerment Act of 2018’’. 
(b) STATEMENT OF POLICY.—It is the policy of the 
United States that— 
(1) all eligible citizens of the United States 
should access and exercise their constitutional right 
to vote in a free, fair, and timely manner; and 
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(2) the integrity, security, and accountability of 
the voting process must be vigilantly protected, 
maintained, and enhanced in order to protect and 
preserve electoral and participatory democracy in the 
United States. 
Subtitle A—Voting Rights 
Advancement 
SEC. 8001. SHORT TITLE. 
This subtitle may be cited as the ‘‘Voting Rights Ad-
vancement Act of 2018’’. 
SEC. 8002. VOTING ON INDIAN LANDS. 
Section 2 of the Voting Rights Act of 1965 (42 
U.S.C. 1973) is amended by adding at the end the fol-
lowing: 
‘‘(c) VOTING ON INDIAN LANDS.— 
‘‘(1) TRIBAL REQUESTS FOR POLLING PLACES; 
POLLING PLACE PROVIDED.— 
‘‘(A) IN GENERAL.—A representative offi-
cial of an Indian tribe, with authorization from 
the governing body of the tribe, may request 
one or more polling places to be located on the 
Indian lands of the Indian tribe. Such request 
shall be delivered in writing to the State or po-
litical subdivision with responsibility for assign-
ing polling places at least 6 months prior to the 
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next election for which the request is made, and 
shall specify the location of each requested poll-
ing place. 
‘‘(B) POLLING PLACES PROVIDED.—Each 
requested polling place shall be provided by the 
State or political subdivision in response to a 
request made under paragraph (1), at no ex-
pense to the Indian tribe, if the voting-age pop-
ulation within the geographic area of the Indian 
lands relevant to the requested polling place is 
at least equal to the smallest voting-age popu-
lation served by any other polling place in the 
State. Each polling place that is provided under 
this subparagraph shall continue to be provided 
after the election for which the request was 
made, until such time as the Indian tribe that 
requested that polling place delivers a written 
request to the State or political subdivision ask-
ing that such polling place be withdrawn. 
‘‘(C) RULE OF CONSTRUCTION.—Nothing 
in this paragraph shall be construed to prevent 
a State or political subdivision from providing 
additional polling places on Indian lands if no 
request was made under subparagraph (A), or 
if such request was made less than 6 months 
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prior to the next election for which the request 
was made. 
‘‘(2) REQUIREMENT
TO
PROVIDE
EQUITABLE 
POLLING LOCATIONS.— 
‘‘(A) IN GENERAL.—A State or political 
subdivision shall provide the same ratio of poll 
workers and voting devices, the same rate of 
pay to poll workers, and the same days and 
hours of operation, for polling places that are 
located on Indian lands as are provided in other 
locations of polling places in the State or polit-
ical subdivision. 
‘‘(B) ELIGIBILITY TO VOTE AT A POLLING 
LOCATION.—A polling place located on Indian 
lands shall be open to voting by all persons who 
are otherwise eligible to vote residing within the 
precinct, voting unit, or electoral district. 
‘‘(C) 
FEDERAL
FACILITIES.—Polling 
places located on Indian lands may be des-
ignated at— 
‘‘(i) a Federal facility, such as Indian 
Health Service or Bureau of Indian Affairs 
service buildings; 
‘‘(ii) any tribal government facility 
that meets the requirements of Federal 
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and State law applied to other polling loca-
tions within the State; 
‘‘(iii) a tribally owned building; or 
‘‘(iv) another facility that meets the 
requirements for polling places in the 
State. 
‘‘(3) ABSENTEE
BALLOTS
AND
EARLY
VOT-
ING.— 
‘‘(A) IN GENERAL.—A representative offi-
cial of an Indian tribe, with authorization from 
the governing body of the Indian tribe, may de-
liver a request to the appropriate State or polit-
ical subdivision that a location on Indian lands 
be designated as an absentee ballot location or 
an early voting location, and such State or po-
litical subdivision shall grant the request, at no 
expense to the Indian tribe, if— 
‘‘(i) the requested location on Indian 
lands is in a State that permits voting by 
an absentee or mail-in ballot or early vot-
ing (also called absentee in-person voting), 
as the case may be; and 
‘‘(ii) the voting-age population within 
the geographic area of Indian lands rel-
evant to the requested absentee ballot loca-
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tion or early voting location is at least 
equal to the smallest voting-age population 
served by any other absentee ballot loca-
tion or early voting location in the State. 
‘‘(B) INDIAN LANDS AS ABSENTEE BALLOT 
LOCATION.—If a location on Indian lands is 
designated as an absentee ballot location or an 
early voting location, absentee ballots, or early 
ballots, as the case may be, shall be provided, 
at no expense to the Indian tribe, to each reg-
istered voter living in such designated location 
without the requirement of an excuse for an ab-
sentee ballot or early voting. Bilingual election 
materials and oral language assistance shall be 
provided if required by section 203. 
‘‘(4) TRIBAL REQUESTS FOR VOTER REGISTRA-
TION AGENCIES.—A representative official of an In-
dian tribe, with authorization from the governing 
body of the tribe, may request that tribal govern-
ment service offices be designated as voter registra-
tion agencies under section 7 of the National Voter 
Registration Act of 1993 (52 U.S.C. 20506). Such 
a request shall be delivered in writing to the State 
or political subdivision with responsibility for assign-
ing polling locations at least 6 months prior to the 
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next election for which the request is made. Such a 
request shall be granted if the tribal government 
service office meets the requirements of Federal and 
State law applied to other designated voter registra-
tion agencies within the State.’’. 
SEC. 
8003. 
VIOLATIONS 
TRIGGERING 
AUTHORITY 
OF 
COURT TO RETAIN JURISDICTION. 
(a) TYPES OF VIOLATIONS.—Section 3(c) of the Vot-
ing Rights Act of 1965 (52 U.S.C. 10302(c)) is amended 
by striking ‘‘violations of the fourteenth or fifteenth 
amendment’’ and inserting ‘‘violations of the 14th or 15th 
Amendment, violations of this Act, or violations of any 
Federal law that prohibits discrimination in voting on the 
basis of race, color, or membership in a language minority 
group,’’. 
(b) CONFORMING AMENDMENT.—Section 3(a) of 
such Act (52 U.S.C. 10302(a)) is amended by striking 
‘‘violations of the fourteenth or fifteenth amendment’’ and 
inserting ‘‘violations of the 14th or 15th Amendment, vio-
lations of this Act, or violations of any Federal law that 
prohibits discrimination in voting on the basis of race, 
color, or membership in a language minority group,’’. 
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SEC. 8004. CRITERIA FOR COVERAGE OF STATES AND PO-
LITICAL SUBDIVISIONS. 
(a) DETERMINATION
OF STATES
AND POLITICAL 
SUBDIVISIONS SUBJECT TO SECTION 4(a).— 
(1) IN GENERAL.—Section 4(b) of the Voting 
Rights Act of 1965 (52 U.S.C. 10303(b)) is amend-
ed to read as follows: 
‘‘(b) DETERMINATION OF STATES AND POLITICAL 
SUBDIVISIONS SUBJECT TO REQUIREMENTS.— 
‘‘(1) EXISTENCE
OF
VOTING
RIGHTS
VIOLA-
TIONS DURING PREVIOUS 25 YEARS.— 
‘‘(A) 
STATEWIDE
APPLICATION.—Sub-
section (a) applies with respect to a State and 
all political subdivisions within the State during 
a calendar year if— 
‘‘(i) 15 or more voting rights viola-
tions occurred in the State during the pre-
vious 25 calendar years; or 
‘‘(ii) 10 or more voting rights viola-
tions occurred in the State during the pre-
vious 25 calendar years, at least one of 
which was committed by the State itself 
(as opposed to a political subdivision with-
in the State). 
‘‘(B) APPLICATION TO SPECIFIC POLITICAL 
SUBDIVISIONS.—Subsection (a) applies with re-
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spect to a political subdivision as a separate 
unit during a calendar year if 3 or more voting 
rights violations occurred in the subdivision 
during the previous 25 calendar years. 
‘‘(2) PERIOD OF APPLICATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), if, pursuant to paragraph 
(1), subsection (a) applies with respect to a 
State or political subdivision during a calendar 
year, subsection (a) shall apply with respect to 
such State or political subdivision for the pe-
riod— 
‘‘(i) that begins on January 1 of the 
year in which subsection (a) applies; and 
‘‘(ii) that ends on the date which is 10 
years after the date described in clause (i). 
‘‘(B) NO
FURTHER
APPLICATION
AFTER 
DECLARATORY JUDGMENT.— 
‘‘(i) STATES.—If a State obtains a de-
claratory judgment under subsection (a), 
and the judgment remains in effect, sub-
section (a) shall no longer apply to such 
State pursuant to paragraph (1)(A) unless, 
after the issuance of the declaratory judg-
ment, paragraph (1)(A) applies to the 
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State solely on the basis of voting rights 
violations occurring after the issuance of 
the declaratory judgment. 
‘‘(ii) POLITICAL SUBDIVISIONS.—If a 
political subdivision obtains a declaratory 
judgment under subsection (a), and the 
judgment remains in effect, subsection (a) 
shall no longer apply to such political sub-
division pursuant to paragraph (1), includ-
ing pursuant to paragraph (1)(A) (relating 
to the statewide application of subsection 
(a)), unless, after the issuance of the de-
claratory judgment, paragraph (1)(B) ap-
plies to the political subdivision solely on 
the basis of voting rights violations occur-
ring after the issuance of the declaratory 
judgment. 
‘‘(3) DETERMINATION OF VOTING RIGHTS VIO-
LATION.—For purposes of paragraph (1), a voting 
rights violation occurred in a State or political sub-
division if any of the following applies: 
‘‘(A) FINAL
JUDGMENT; VIOLATION
OF 
THE 14TH OR 15TH AMENDMENT.—In a final 
judgment (which has not been reversed on ap-
peal), any court of the United States has deter-
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mined that a denial or abridgement of the right 
of any citizen of the United States to vote on 
account of race, color, or membership in a lan-
guage minority group, in violation of the 14th 
or 15th Amendment, occurred anywhere within 
the State or subdivision. 
‘‘(B) FINAL
JUDGMENT; VIOLATIONS
OF 
THIS ACT.—In a final judgment (which has not 
been reversed on appeal), any court of the 
United States has determined that a voting 
qualification or prerequisite to voting or stand-
ard, practice, or procedure with respect to vot-
ing was imposed or applied or would have been 
imposed or applied anywhere within the State 
or subdivision in a manner that resulted or 
would have resulted in a denial or abridgement 
of the right of any citizen of the United States 
to vote on account of race, color, or membership 
in a language minority group, in violation of 
subsection (e) or (f), or section 2 or 203 of this 
Act. 
‘‘(C) FINAL JUDGMENT; DENIAL OF DE-
CLARATORY JUDGMENT.—In a final judgment 
(which has not been reversed on appeal), any 
court of the United States has denied the re-
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quest of the State or subdivision for a declara-
tory judgment under section 3(c) or section 5, 
and thereby prevented a voting qualification or 
prerequisite to voting or standard, practice, or 
procedure with respect to voting from being en-
forced anywhere within the State or subdivision. 
‘‘(D) OBJECTION BY THE ATTORNEY GEN-
ERAL.—The Attorney General has interposed 
an objection under section 3(c) or section 5 
(and the objection has not been overturned by 
a final judgment of a court or withdrawn by the 
Attorney General), and thereby prevented a vot-
ing qualification or prerequisite to voting or 
standard, practice, or procedure with respect to 
voting from being enforced anywhere within the 
State or subdivision. 
‘‘(E) CONSENT DECREE, SETTLEMENT, OR 
OTHER AGREEMENT.—A consent decree, settle-
ment, or other agreement was entered into, 
which resulted in the alteration or abandonment 
of a voting practice anywhere in the territory of 
such State that was challenged on the ground 
that the practice denied or abridged the right of 
any citizen of the United States to vote on ac-
count of race, color, or membership in a lan-
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guage minority group in violation of subsection 
(e) or (f), or section 2 or 203 of this Act, or 
the 14th or 15th Amendment. 
‘‘(4) TIMING OF DETERMINATIONS.— 
‘‘(A) DETERMINATIONS OF VOTING RIGHTS 
VIOLATIONS.—As early as practicable during 
each calendar year, the Attorney General shall 
make the determinations required by this sub-
section, including updating the list of voting 
rights violations occurring in each State and po-
litical subdivision for the previous calendar 
year. 
‘‘(B) EFFECTIVE
UPON
PUBLICATION
IN 
FEDERAL REGISTER.—A determination or cer-
tification of the Attorney General under this 
section or under section 8 or 13 shall be effec-
tive upon publication in the Federal Register.’’. 
(2) CONFORMING AMENDMENTS.—Section 4(a) 
of such Act (52 U.S.C. 10303(a)) is amended— 
(A) in paragraph (1), in the first sentence 
of the matter preceding subparagraph (A), by 
striking ‘‘any State with respect to which’’ and 
all that follows through ‘‘unless’’ and inserting 
‘‘any State to which this subsection applies dur-
ing a calendar year pursuant to determinations 
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made under subsection (b), or in any political 
subdivision of such State (as such subdivision 
existed on the date such determinations were 
made with respect to such State), though such 
determinations were not made with respect to 
such subdivision as a separate unit, or in any 
political subdivision with respect to which this 
subsection applies during a calendar year pur-
suant to determinations made with respect to 
such subdivision as a separate unit under sub-
section (b), unless’’; 
(B) in paragraph (1) in the matter pre-
ceding subparagraph (A), by striking the second 
sentence; 
(C) in paragraph (1)(A), by striking ‘‘(in 
the case of a State or subdivision seeking a de-
claratory judgment under the second sentence 
of this subsection)’’; 
(D) in paragraph (1)(B), by striking ‘‘(in 
the case of a State or subdivision seeking a de-
claratory judgment under the second sentence 
of this subsection)’’; 
(E) in paragraph (3), by striking ‘‘(in the 
case of a State or subdivision seeking a declara-
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tory judgment under the second sentence of this 
subsection)’’; 
(F) in paragraph (5), by striking ‘‘(in the 
case of a State or subdivision which sought a 
declaratory judgment under the second sentence 
of this subsection)’’; 
(G) by striking paragraphs (7) and (8); 
and 
(H) by redesignating paragraph (9) as 
paragraph (7). 
(b) CLARIFICATION OF TREATMENT OF MEMBERS OF 
LANGUAGE MINORITY GROUPS.—Section 4(a)(1) of such 
Act (52 U.S.C. 10303(a)(1)) is amended by striking ‘‘race 
or color,’’ and inserting ‘‘race, color, or in contravention 
of the guarantees of subsection (f)(2),’’. 
SEC. 8005. DETERMINATION OF STATES AND POLITICAL 
SUBDIVISIONS SUBJECT TO PRECLEARANCE 
FOR COVERED PRACTICES. 
The Voting Rights Act of 1965 (52 U.S.C. 10301 et 
seq.) is further amended by inserting after section 4 the 
following: 
‘‘SEC. 4A. DETERMINATION OF STATES AND POLITICAL 
SUBDIVISIONS SUBJECT TO PRECLEARANCE 
FOR COVERED PRACTICES. 
‘‘(a) PRACTICE-BASED PRECLEARANCE.— 
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‘‘(1) IN GENERAL.—Each State and each polit-
ical subdivision shall— 
‘‘(A) identify any newly enacted or adopted 
law, regulation, or policy that includes a voting 
qualification or prerequisite to voting, or a 
standard, practice, or procedure with respect to 
voting, that is a covered practice described in 
subsection (b); and 
‘‘(B) ensure that no such covered practice 
is implemented unless or until the State or po-
litical subdivision, as the case may be, complies 
with subsection (c). 
‘‘(2) DETERMINATIONS
OF
CHARACTERISTICS 
OF VOTING-AGE POPULATION.— 
‘‘(A) IN
GENERAL.—As early as prac-
ticable during each calendar year, the Attorney 
General, in consultation with the Director of 
the Bureau of the Census and the heads of 
other relevant offices of the government, shall 
make the determinations required by this sec-
tion regarding voting-age populations and the 
characteristics of such populations, and shall 
publish a list of the States and political subdivi-
sions to which a voting-age population char-
acteristic described in subsection (b) applies. 
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‘‘(B) PUBLICATION IN THE FEDERAL REG-
ISTER.—A determination or certification of the 
Attorney General under this paragraph shall be 
effective upon publication in the Federal Reg-
ister. 
‘‘(b) COVERED PRACTICES.—To assure that the right 
of citizens of the United States to vote is not denied or 
abridged on account of race, color, or membership in a 
language minority group as a result of the implementation 
of certain qualifications or prerequisites to voting, or 
standards, practices, or procedures with respect to voting 
newly adopted in a State or political subdivision, the fol-
lowing shall be covered practices subject to the require-
ments described in subsection (a): 
‘‘(1) CHANGES
TO
METHOD
OF
ELECTION.— 
Any change to the method of election— 
‘‘(A) to add seats elected at-large in a 
State or political subdivision where— 
‘‘(i) 2 or more racial groups or lan-
guage minority groups each represent 20 
percent or more of the political subdivi-
sion’s voting-age population; or 
‘‘(ii) a single language minority group 
represents 20 percent or more of the vot-
ing-age population on Indian lands located 
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‘‘(A) 2 or more racial groups or language 
minority groups each represent 20 percent or 
more of the political subdivision’s voting-age 
population; or 
‘‘(B) a single language minority group rep-
resents 20 percent or more of the voting-age 
population on Indian lands located in whole or 
in part in the political subdivision. 
‘‘(3) CHANGES
THROUGH
REDISTRICTING.— 
Any change to the boundaries of election districts in 
a State or political subdivision where any racial 
group or language minority group experiences a pop-
ulation increase, over the preceding decade (as cal-
culated by the Bureau of the Census under the most 
recent decennial census), of at least— 
‘‘(A) 10,000; or 
‘‘(B) 20 percent of voting-age population 
of the State or political subdivision, as the case 
may be. 
‘‘(4) CHANGES IN DOCUMENTATION OR QUALI-
FICATIONS TO VOTE.—Any change to requirements 
for documentation or proof of identity to vote such 
that the requirements will exceed or be more strin-
gent than the requirements for voting that are de-
scribed in section 303(b) of the Help America Vote 
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Act of 2002 (52 U.S.C. 21083(b)) or any change to 
the requirements for documentation or proof of iden-
tity to register to vote that will exceed or be more 
stringent than such requirements under State law on 
the day before the date of enactment of the Voting 
Rights Advancement Act of 2018. 
‘‘(5) CHANGES TO MULTILINGUAL VOTING MA-
TERIALS.—Any change that reduces multilingual 
voting materials or alters the manner in which such 
materials are provided or distributed, where no simi-
lar reduction or alteration occurs in materials pro-
vided in English for such election. 
‘‘(6) CHANGES THAT REDUCE, CONSOLIDATE, 
OR
RELOCATE
VOTING
LOCATIONS.—Any change 
that reduces, consolidates, or relocates voting loca-
tions, including early, absentee, and election-day vot-
ing locations— 
‘‘(A) in 1 or more census tracts wherein 2 
or more language minority groups or racial 
groups each represent 20 percent or more of 
the voting-age population of the political sub-
division; or 
‘‘(B) on Indian lands wherein at least 20 
percent of the voting-age population belongs to 
a single language minority group. 
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‘‘(c) PRECLEARANCE.— 
‘‘(1) IN GENERAL.—Whenever a State or polit-
ical subdivision with respect to which the require-
ments set forth in subsection (a) are in effect shall 
enact, adopt, or seek to implement any covered prac-
tice described under subsection (b), such State or 
subdivision may institute an action in the United 
States District Court for the District of Columbia 
for a declaratory judgment that such covered prac-
tice neither has the purpose nor will have the effect 
of denying or abridging the right to vote on account 
of race, color, or membership in a language minority 
group, and unless and until the court enters such 
judgment such covered practice shall not be imple-
mented. Notwithstanding the previous sentence, such 
covered practice may be implemented without such 
proceeding if the covered practice has been sub-
mitted by the chief legal officer or other appropriate 
official of such State or subdivision to the Attorney 
General and the Attorney General has not inter-
posed an objection within 60 days after such submis-
sion, or upon good cause shown, to facilitate an ex-
pedited approval within 60 days after such submis-
sion, the Attorney General has affirmatively indi-
cated that such objection will not be made. Neither 
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an affirmative indication by the Attorney General 
that no objection will be made, nor the Attorney 
General’s failure to object, nor a declaratory judg-
ment entered under this section shall bar a subse-
quent action to enjoin implementation of such cov-
ered practice. In the event the Attorney General af-
firmatively indicates that no objection will be made 
within the 60-day period following receipt of a sub-
mission, the Attorney General may reserve the right 
to reexamine the submission if additional informa-
tion comes to the Attorney General’s attention dur-
ing the remainder of the 60-day period which would 
otherwise require objection in accordance with this 
section. Any action under this section shall be heard 
and determined by a court of three judges in accord-
ance with the provisions of section 2284 of title 28, 
United States Code, and any appeal shall lie to the 
Supreme Court. 
‘‘(2) DENYING OR ABRIDGING THE RIGHT TO 
VOTE.—Any covered practice described in subsection 
(b) that has the purpose of or will have the effect 
of diminishing the ability of any citizens of the 
United States on account of race, color, or member-
ship in a language minority group, to elect their pre-
ferred candidates of choice denies or abridges the 
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right to vote within the meaning of paragraph (1) of 
this subsection. 
‘‘(3) PURPOSE DEFINED.—The term ‘purpose’ 
in paragraphs (1) and (2) of this subsection shall in-
clude any discriminatory purpose. 
‘‘(4) PURPOSE OF PARAGRAPH (2).—The pur-
pose of paragraph (2) of this subsection is to protect 
the ability of such citizens to elect their preferred 
candidates of choice. 
‘‘(d) ENFORCEMENT.—The Attorney General or any 
aggrieved citizen may file an action in a Federal district 
court to compel any State or political subdivision to satisfy 
the obligations set forth in this section. Such actions shall 
be heard and determined by a court of 3 judges under 
section 2284 of title 28, United States Code. In any such 
action, the court shall provide as a remedy that any voting 
qualification or prerequisite to voting, or standard, prac-
tice, or procedure with respect to voting, that is the sub-
ject of the action under this subsection be enjoined unless 
the court determines that— 
‘‘(1) the voting qualification or prerequisite to 
voting, or standard, practice, or procedure with re-
spect to voting, is not a covered practice described 
in subsection (b); or 
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‘‘(2) the State or political subdivision has com-
plied with subsection (c) with respect to the covered 
practice at issue. 
‘‘(e) COUNTING OF RACIAL GROUPS AND LANGUAGE 
MINORITY GROUPS.—For purposes of this section, the cal-
culation of the population of a racial group or a language 
minority group shall be carried out using the methodology 
in the guidance promulgated in the Federal Register on 
February 9, 2011 (76 Fed. Reg. 7470). 
‘‘(f) SPECIAL RULE.—For purposes of determina-
tions under this section, any data provided by the Bureau 
of the Census, whether based on estimation from sample 
or actual enumeration, shall not be subject to challenge 
or review in any court. 
‘‘(g) MULTILINGUAL VOTING MATERIALS.—In this 
section, the term ‘multilingual voting materials’ means 
registration or voting notices, forms, instructions, assist-
ance, or other materials or information relating to the 
electoral process, including ballots, provided in the lan-
guage or languages of one or more language minority 
groups.’’. 
SEC. 8006. PROMOTING TRANSPARENCY TO ENFORCE THE 
VOTING RIGHTS ACT. 
(a) TRANSPARENCY.— 
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(1) IN GENERAL.—The Voting Rights Act of 
1965 (52 U.S.C. 10301 et seq.) is amended by in-
serting after section 5 the following new section: 
‘‘SEC. 6. TRANSPARENCY REGARDING CHANGES TO PRO-
TECT VOTING RIGHTS. 
‘‘(a) NOTICE OF ENACTED CHANGES.— 
‘‘(1) NOTICE OF CHANGES.—If a State or polit-
ical subdivision makes any change in any pre-
requisite to voting or standard, practice, or proce-
dure with respect to voting in any election for Fed-
eral office that will result in the prerequisite, stand-
ard, practice, or procedure being different from that 
which was in effect as of 180 days before the date 
of the election for Federal office, the State or polit-
ical subdivision shall provide reasonable public notice 
in such State or political subdivision and on the 
Internet, of a concise description of the change, in-
cluding the difference between the changed pre-
requisite, standard, practice, or procedure and the 
prerequisite, standard, practice, or procedure which 
was previously in effect. The public notice described 
in this paragraph, in such State or political subdivi-
sion and on the Internet, shall be in a format that 
is reasonably convenient and accessible to voters 
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with disabilities, including voters who have low vi-
sion or are blind. 
‘‘(2) DEADLINE FOR NOTICE.—A State or polit-
ical subdivision shall provide the public notice re-
quired under paragraph (1) not later than 48 hours 
after making the change involved. 
‘‘(b) TRANSPARENCY REGARDING POLLING PLACE 
RESOURCES.— 
‘‘(1) IN GENERAL.—In order to identify any 
changes that may impact the right to vote of any 
person, prior to the 30th day before the date of an 
election for Federal office, each State or political 
subdivision with responsibility for allocating reg-
istered voters, voting machines, and official poll 
workers to particular precincts and polling places 
shall provide reasonable public notice in such State 
or political subdivision and on the Internet, of the 
information described in paragraph (2) for precincts 
and polling places within such State or political sub-
division. The public notice described in this para-
graph, in such State or political subdivision and on 
the Internet, shall be in a format that is reasonably 
convenient and accessible to voters with disabilities 
including voters who have low vision or are blind. 
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‘‘(2) INFORMATION DESCRIBED.—The informa-
tion described in this paragraph with respect to a 
precinct or polling place is each of the following: 
‘‘(A) The name or number. 
‘‘(B) In the case of a polling place, the lo-
cation, including the street address, and wheth-
er such polling place is accessible to persons 
with disabilities. 
‘‘(C) The voting-age population of the area 
served by the precinct or polling place, broken 
down by demographic group if such breakdown 
is reasonably available to such State or political 
subdivision. 
‘‘(D) The number of registered voters as-
signed to the precinct or polling place, broken 
down by demographic group if such breakdown 
is reasonably available to such State or political 
subdivision. 
‘‘(E) The number of voting machines as-
signed, including the number of voting ma-
chines accessible to voters with disabilities, in-
cluding voters who have low vision or are blind. 
‘‘(F) The number of official paid poll 
workers assigned. 
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‘‘(G) The number of official volunteer poll 
workers assigned. 
‘‘(H) In the case of a polling place, the 
dates and hours of operation. 
‘‘(3) UPDATES IN INFORMATION REPORTED.— 
If a State or political subdivision makes any change 
in any of the information described in paragraph 
(2), the State or political subdivision shall provide 
reasonable public notice in such State or political 
subdivision and on the Internet, of the change in the 
information not later than 48 hours after the change 
occurs or, if the change occurs fewer than 48 hours 
before the date of the election for Federal office, as 
soon as practicable after the change occurs. The 
public notice described in this paragraph in such 
State or political subdivision and on the Internet 
shall be in a format that is reasonably convenient 
and accessible to voters with disabilities including 
voters who have low vision or are blind. 
‘‘(c) TRANSPARENCY OF CHANGES RELATING TO DE-
MOGRAPHICS AND ELECTORAL DISTRICTS.— 
‘‘(1) 
REQUIRING
PUBLIC
NOTICE
OF 
CHANGES.—Not later than 10 days after making 
any change in the constituency that will participate 
in an election for Federal, State, or local office or 
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the boundaries of a voting unit or electoral district 
in an election for Federal, State, or local office (in-
cluding 
through 
redistricting, 
reapportionment, 
changing from at-large elections to district-based 
elections, or changing from district-based elections 
to at-large elections), a State or political subdivision 
shall provide reasonable public notice in such State 
or political subdivision and on the Internet, of the 
demographic and electoral data described in para-
graph (3) for each of the geographic areas described 
in paragraph (2). 
‘‘(2) GEOGRAPHIC AREAS DESCRIBED.—The ge-
ographic areas described in this paragraph are as 
follows: 
‘‘(A) The State as a whole, if the change 
applies statewide, or the political subdivision as 
a whole, if the change applies across the entire 
political subdivision. 
‘‘(B) If the change includes a plan to re-
place or eliminate voting units or electoral dis-
tricts, each voting unit or electoral district that 
will be replaced or eliminated. 
‘‘(C) If the change includes a plan to es-
tablish new voting units or electoral districts, 
each such new voting unit or electoral district. 
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‘‘(3) DEMOGRAPHIC AND ELECTORAL DATA.— 
The demographic and electoral data described in this 
paragraph with respect to a geographic area de-
scribed in paragraph (2) are each of the following: 
‘‘(A) The voting-age population, broken 
down by demographic group. 
‘‘(B) If it is reasonably available to the 
State or political subdivision involved, an esti-
mate of the population of the area which con-
sists of citizens of the United States who are 18 
years of age or older, broken down by demo-
graphic group. 
‘‘(C) The number of registered voters, bro-
ken down by demographic group if such break-
down is reasonably available to the State or po-
litical subdivision involved. 
‘‘(D)(i) If the change applies to a State, 
the actual number of votes, or (if it is not rea-
sonably practicable for the State to ascertain 
the actual number of votes) the estimated num-
ber of votes received by each candidate in each 
statewide election held during the 5-year period 
which ends on the date the change involved is 
made; and 
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‘‘(ii) if the change applies to only one polit-
ical subdivision, the actual number of votes, or 
(if it is not reasonably practicable for the polit-
ical subdivision to ascertain the actual number 
of votes) in each subdivision-wide election held 
during the 5-year period which ends on the date 
the change involved is made. 
‘‘(4) VOLUNTARY COMPLIANCE BY SMALLER JU-
RISDICTIONS.—Compliance with this subsection shall 
be voluntary for a political subdivision of a State un-
less the subdivision is one of the following: 
‘‘(A) A county or parish. 
‘‘(B) A municipality with a population 
greater than 10,000, as determined by the Bu-
reau of the Census under the most recent de-
cennial census. 
‘‘(C) A school district with a population 
greater than 10,000, as determined by the Bu-
reau of the Census under the most recent de-
cennial census. For purposes of this subpara-
graph, the term ‘school district’ means the geo-
graphic area under the jurisdiction of a local 
educational agency (as defined in section 9101 
of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7801)). 
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‘‘(d) RULES REGARDING FORMAT
OF INFORMA-
TION.—The Attorney General may issue rules specifying 
a reasonably convenient and accessible format that States 
and political subdivisions shall use to provide public notice 
of information under this section. 
‘‘(e) NO DENIAL OF RIGHT TO VOTE.—The right to 
vote of any person shall not be denied or abridged because 
the person failed to comply with any change made by a 
State or political subdivision if the State or political sub-
division involved did not meet the applicable requirements 
of this section with respect to the change. 
‘‘(f) DEFINITIONS.—In this section— 
‘‘(1) the term ‘demographic group’ means each 
group which section 2 protects from the denial or 
abridgement of the right to vote on account of race 
or color, or in contravention of the guarantees set 
forth in section 4(f)(2); 
‘‘(2) the term ‘election for Federal office’ means 
any general, special, primary, or runoff election held 
solely or in part for the purpose of electing any can-
didate for the office of President, Vice President, 
Presidential elector, Senator, Member of the House 
of Representatives, or Delegate or Resident Commis-
sioner to the Congress; and 
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‘‘(3) the term ‘persons with disabilities’, means 
individuals with a disability, as defined in section 3 
of the Americans with Disabilities Act of 1990 (42 
U.S.C. 12102).’’. 
(2) CONFORMING
AMENDMENT.—Section 3(a) 
of such Act (52 U.S.C. 10302(a)) is amended by 
striking ‘‘in accordance with section 6’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a)(1) shall apply with respect to changes which 
are made on or after the expiration of the 60-day period 
which begins on the date of the enactment of this Act. 
SEC. 8007. AUTHORITY TO ASSIGN OBSERVERS. 
(a) CLARIFICATION OF AUTHORITY IN POLITICAL 
SUBDIVISIONS SUBJECT
TO PRECLEARANCE.—Section 
8(a)(2)(B) of the Voting Rights Act of 1965 (52 U.S.C. 
10305(a)(2)(B)) is amended to read as follows: 
‘‘(B) in the Attorney General’s judgment, 
the assignment of observers is otherwise nec-
essary to enforce the guarantees of the 14th or 
15th Amendment or any provision of this Act 
or any other Federal law protecting the right of 
citizens of the United States to vote;’’. 
(b) ASSIGNMENT OF OBSERVERS TO ENFORCE BI-
LINGUAL ELECTION REQUIREMENTS.—Section 8(a) of 
such Act (52 U.S.C. 10305(a)) is amended— 
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(1) by striking ‘‘or’’ at the end of paragraph 
(1); and 
(2) by adding after paragraph (2) the following: 
‘‘(3) the Attorney General certifies with respect 
to a political subdivision that— 
‘‘(A) the Attorney General has received 
written meritorious complaints from residents, 
elected officials, or civic participation organiza-
tions that efforts to violate section 203 are like-
ly to occur; or 
‘‘(B) in the Attorney General’s judgment, 
the assignment of observers is necessary to en-
force the guarantees of section 203; or 
‘‘(4) the Attorney General certifies that the At-
torney General has received from the appropriate of-
ficial of the governing body of a federally recognized 
Indian tribe— 
‘‘(A) a written complaint that efforts to 
deny or abridge the right to vote under the 
color of law on account of race or color, or in 
contravention of the guarantees set forth in sec-
tion 4(f)(2) are likely to occur; and 
‘‘(B) a written request for the authoriza-
tion of Federal observers for elections that 
occur on Indian lands;’’. 
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SEC. 8008. PRELIMINARY INJUNCTIVE RELIEF. 
(a) CLARIFICATION OF SCOPE AND PERSONS AU-
THORIZED TO SEEK RELIEF.—Section 12(d) of the Vot-
ing Rights Act of 1965 (52 U.S.C. 10308(d)) is amend-
ed— 
(1) by striking ‘‘section 2, 3, 4, 5, 7, 10, 11, 
or subsection (b) of this section’’ and inserting ‘‘the 
14th or 15th Amendment, this Act, or any Federal 
voting rights law that prohibits discrimination on 
the basis of race, color, or membership in a language 
minority group’’; and 
(2) by striking ‘‘the Attorney General may in-
stitute for the United States, or in the name of the 
United States,’’ and inserting ‘‘the aggrieved person 
or (in the name of the United States) the Attorney 
General may institute’’. 
(b) GROUNDS
FOR
GRANTING
RELIEF.—Section 
12(d) of such Act (52 U.S.C. 10308(d)) is amended— 
(1) by striking ‘‘(d) Whenever any person’’ and 
inserting ‘‘(d)(1) Whenever any person’’; 
(2) by striking ‘‘(1) to permit’’ and inserting 
‘‘(A) to permit’’; 
(3) by striking ‘‘(2) to count’’ and inserting 
‘‘(B) to count’’; and 
(4) by adding at the end the following new 
paragraph: 
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950 
‘‘(2)(A) In any action for preliminary relief described 
in this subsection, the court shall grant the relief if the 
court determines that the complainant has raised a serious 
question whether the challenged voting qualification or 
prerequisite to voting or standard, practice, or procedure 
violates this Act or the Constitution and, on balance, the 
hardship imposed upon the defendant by the grant of the 
relief will be less than the hardship which would be im-
posed upon the plaintiff if the relief were not granted. In 
balancing the harms, the court shall give due weight to 
the fundamental right to cast an effective ballot. 
‘‘(B) In making its determination under this para-
graph with respect to a change in any voting qualification, 
prerequisite to voting, or standard, practice, or procedure 
with respect to voting, the court shall consider all relevant 
factors and give due weight to the following factors, if they 
are present: 
‘‘(i) Whether the qualification, prerequisite, 
standard, practice, or procedure in effect prior to the 
change was adopted as a remedy for a Federal court 
judgment, consent decree, or admission regarding— 
‘‘(I) discrimination on the basis of race or 
color in violation of the 14th or 15th Amend-
ment; 
‘‘(II) a violation of this Act; or 
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‘‘(III) voting discrimination on the basis of 
race, color, or membership in a language minor-
ity group in violation of any other Federal or 
State law. 
‘‘(ii) Whether the qualification, prerequisite, 
standard, practice, or procedure in effect prior to the 
change served as a ground for the dismissal or set-
tlement of a claim alleging— 
‘‘(I) discrimination on the basis of race or 
color in violation of the 14th or 15th Amend-
ment; 
‘‘(II) a violation of this Act; or 
‘‘(III) voting discrimination on the basis of 
race, color, or membership in a language minor-
ity group in violation of any other Federal or 
State law. 
‘‘(iii) Whether the change was adopted fewer 
than 180 days before the date of the election with 
respect to which the change is to take effect. 
‘‘(iv) Whether the defendant has failed to pro-
vide timely or complete notice of the adoption of the 
change as required by applicable Federal or State 
law.’’. 
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953 
for the purposes of the most recent decennial 
census. 
‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ or 
‘tribe’ means any American Indian or Alaska Native 
tribe, band, nation, pueblo, village, or community 
that the Secretary of the Interior acknowledges to 
exist as a federally recognized Indian tribe under the 
Federally Recognized Indian Tribe List Act of 1994 
(25 U.S.C. 479a et seq.). 
‘‘(3) VOTING-AGE
POPULATION.—The term 
‘voting-age population’ means the numerical size of 
the population within a State, within a political sub-
division, or within a political subdivision that con-
tains Indian lands, as the case may be, that consists 
of persons age 18 or older, as calculated by the Bu-
reau of the Census under the most recent decennial 
census.’’. 
SEC. 8010. BILINGUAL ELECTION REQUIREMENTS. 
Section 203(c) of the Voting Rights Act of 1965 (52 
U.S.C. 10503(c)) is amended by striking ‘‘or in the case 
of Alaskan natives and American Indians, if the predomi-
nant language is historically unwritten’’ and inserting ‘‘(as 
of the date on which the materials or information is pro-
vided)’’. 
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954 
SEC. 8011. REQUIRING DECLARATORY JUDGMENT OR 
PRECLEARANCE AS PREREQUISITE FOR MUL-
TIPLE 
CONGRESSIONAL 
REDISTRICTING 
PLANS ENACTED PURSUANT TO SAME DE-
CENNIAL CENSUS AND APPORTIONMENT OF 
REPRESENTATIVES. 
(a) DECLARATORY JUDGMENT THAT PLAN DOES 
NOT DENY OR ABRIDGE RIGHT TO VOTE ON ACCOUNT 
OF RACE OR COLOR.—Except as provided in subsection 
(b), after a State enacts a Congressional redistricting plan 
in the manner provided by law after an apportionment of 
Representatives under section 22(a) of the Act entitled 
‘‘An Act to provide for the fifteenth and subsequent decen-
nial censuses and to provide for an apportionment of Rep-
resentatives in Congress’’, approved June 18, 1929 (2 
U.S.C. 2a), any subsequent Congressional redistricting 
plan enacted by the State prior to the next apportionment 
of Representatives under such section shall not take effect 
unless and until— 
(1) the State commences a civil action in the 
United States District Court for the District of Co-
lumbia for a declaratory judgment that such subse-
quent plan neither has the purpose nor will have the 
effect of denying or abridging the right to vote on 
account of race or color, or in contravention of the 
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955 
guarantees set forth in section 4(f)(2) of the Voting 
Rights Act of 1965 (52 U.S.C. 10303(f)(2)); and 
(2) the court enters such a declaratory judg-
ment. 
(b) PRECLEARANCE.—A subsequent Congressional 
redistricting plan described in subsection (a) may take ef-
fect if— 
(1) the chief legal officer or other appropriate 
official of the State involved submits the plan to the 
Attorney General and the Attorney General has not 
interposed an objection within 60 days of such sub-
mission; or 
(2) upon good cause shown, to facilitate an ex-
pedited approval within 60 days of such submission, 
the Attorney General has affirmatively indicated 
that such objection will not be made. 
(c) APPLICATION
OF
VOTING
RIGHTS
ACT
OF 
1965.—For purposes of the Voting Rights Act of 1965, 
a declaratory judgment under subsection (a) or a 
preclearance under subsection (b), and the proceedings re-
lated to such judgment or preclearance, shall be treated 
as a declaratory judgment or preclearance under section 
5 of such Act (52 U.S.C. 10304). 
(d) NO EFFECT ON REDISTRICTING PLANS ENACTED 
PURSUANT TO COURT ORDER.—This section does not 
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956 
apply with respect to any subsequent Congressional redis-
tricting plan described in subsection (a) if the plan is en-
acted by a State pursuant to a court order in order to 
comply with the Constitution or to enforce the Voting 
Rights Act of 1965 (52 U.S.C. 10301 et seq.). 
SEC. 8012. OTHER TECHNICAL AND CONFORMING AMEND-
MENTS. 
(a) ACTIONS COVERED UNDER SECTION 3.—Section 
3(c) of the Voting Rights Act of 1965 (52 U.S.C. 
10302(c)) is amended— 
(1) by striking ‘‘any proceeding instituted by 
the Attorney General or an aggrieved person under 
any statute to enforce’’ and inserting ‘‘any action 
under any statute in which a party (including the 
Attorney General) seeks to enforce’’; and 
(2) by striking ‘‘at the time the proceeding was 
commenced’’ and inserting ‘‘at the time the action 
was commenced’’. 
(b) CLARIFICATION OF TREATMENT OF MEMBERS OF 
LANGUAGE MINORITY GROUPS.—Section 4(f) of such Act 
(52 U.S.C. 10303(f)) is amended— 
(1) in paragraph (1), by striking the second 
sentence; and 
(2) by striking paragraphs (3) and (4). 
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957 
(c) PERIOD DURING WHICH CHANGES IN VOTING 
PRACTICES ARE SUBJECT
TO PRECLEARANCE UNDER 
SECTION 5.—Section 5 of such Act (52 U.S.C. 10304) 
is amended— 
(1) in subsection (a), by striking ‘‘based upon 
determinations made under the first sentence of sec-
tion 4(b) are in effect’’ and inserting ‘‘are in effect 
during a calendar year’’; 
(2) in subsection (a), by striking ‘‘November 1, 
1964’’ and all that follows through ‘‘November 1, 
1972’’ and inserting ‘‘the applicable date of cov-
erage’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(e) The term ‘applicable date of coverage’ means, 
with respect to a State or political subdivision— 
‘‘(1) June 25, 2013, if the most recent deter-
mination for such State or subdivision under section 
4(b) was made on or before December 31, 2015; or 
‘‘(2) the date on which the most recent deter-
mination for such State or subdivision under section 
4(b) was made, if such determination was made 
after December 31, 2015.’’. 
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958 
SEC. 8013. TRIBAL VOTING CONSULTATION. 
The Attorney General shall consult annually with 
tribal organizations regarding issues related to voting for 
members of an Indian tribe (as defined under section 21 
of the Voting Rights Act of 1965, as added by section 
8009 of this Act). 
Subtitle B—Promoting Internet 
Registration 
SEC. 8100. SHORT TITLE. 
This subtitle may be cited as the ‘‘Voter Registration 
Modernization Act of 2018’’. 
PART 1—PROMOTING INTERNET REGISTRATION 
SEC. 8101. REQUIRING AVAILABILITY OF INTERNET FOR 
VOTER REGISTRATION. 
(a) REQUIRING AVAILABILITY
OF INTERNET
FOR 
REGISTRATION.—The National Voter Registration Act of 
1993 (52 U.S.C. 20501 et seq.) is amended by inserting 
after section 6 the following new section: 
‘‘SEC. 6A. INTERNET REGISTRATION. 
‘‘(a) REQUIRING AVAILABILITY OF INTERNET FOR 
ONLINE REGISTRATION.— 
‘‘(1) AVAILABILITY
OF
ONLINE
REGISTRA-
TION.—Each State, acting through the chief State 
election official, shall ensure that the following serv-
ices are available to the public at any time on the 
official public websites of the appropriate State and 
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local election officials in the State, in the same man-
ner and subject to the same terms and conditions as 
the services provided by voter registration agencies 
under section 7(a): 
‘‘(A) Online application for voter registra-
tion. 
‘‘(B) Online assistance to applicants in ap-
plying to register to vote. 
‘‘(C) Online completion and submission by 
applicants of the mail voter registration applica-
tion form prescribed by the Election Assistance 
Commission pursuant to section 9(a)(2), includ-
ing assistance with providing a signature in 
electronic form as required under subsection 
(c). 
‘‘(D) Online receipt of completed voter reg-
istration applications. 
‘‘(b) ACCEPTANCE OF COMPLETED APPLICATIONS.— 
A State shall accept an online voter registration applica-
tion provided by an individual under this section, and en-
sure that the individual is registered to vote in the State, 
if— 
‘‘(1) the individual meets the same voter reg-
istration requirements applicable to individuals who 
register to vote by mail in accordance with section 
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6(a)(1) using the mail voter registration application 
form prescribed by the Election Assistance Commis-
sion pursuant to section 9(a)(2); and 
‘‘(2) the individual provides a signature in elec-
tronic form in accordance with subsection (c) (but 
only in the case of applications submitted during or 
after the second year in which this section is in ef-
fect in the State). 
‘‘(c) SIGNATURES IN ELECTRONIC FORM.—For pur-
poses of this section, an individual provides a signature 
in electronic form by— 
‘‘(1) executing a computerized mark in the sig-
nature field on an online voter registration applica-
tion; or 
‘‘(2) submitting with the application an elec-
tronic copy of the individual’s handwritten signature 
through electronic means. 
‘‘(d) CONFIRMATION AND DISPOSITION.— 
‘‘(1) CONFIRMATION OF RECEIPT.—Upon the 
online submission of a completed voter registration 
application by an individual under this section, the 
appropriate State or local election official shall send 
the individual a notice confirming the State’s receipt 
of the application and providing instructions on how 
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the individual may check the status of the applica-
tion. 
‘‘(2) NOTICE OF DISPOSITION.—As soon as the 
appropriate State or local election official has ap-
proved or rejected an application submitted by an in-
dividual under this section, the official shall send the 
individual a notice of the disposition of the applica-
tion. 
‘‘(3) METHOD OF NOTIFICATION.—The appro-
priate State or local election official shall send the 
notices required under this subsection by regular 
mail, and, in the case of an individual who has re-
quested that the State provide voter registration and 
voting information through electronic mail, by both 
electronic mail and regular mail. 
‘‘(e) PROVISION
OF SERVICES
IN NONPARTISAN 
MANNER.—The services made available under subsection 
(a) shall be provided in a manner that ensures that, con-
sistent with section 7(a)(5)— 
‘‘(1) the online application does not seek to in-
fluence an applicant’s political preference or party 
registration; and 
‘‘(2) there is no display on the website pro-
moting any political preference or party allegiance, 
except that nothing in this paragraph may be con-
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strued to prohibit an applicant from registering to 
vote as a member of a political party. 
‘‘(f) PROTECTION OF SECURITY OF INFORMATION.— 
In meeting the requirements of this section, the State shall 
establish appropriate technological security measures to 
prevent to the greatest extent practicable any unauthor-
ized access to information provided by individuals using 
the services made available under subsection (a). 
‘‘(g) USE OF ADDITIONAL TELEPHONE-BASED SYS-
TEM.—A State shall make the services made available on-
line under subsection (a) available through the use of an 
automated telephone-based system, subject to the same 
terms and conditions applicable under this section to the 
services made available online, in addition to making the 
services available online in accordance with the require-
ments of this section. 
‘‘(h) NONDISCRIMINATION
AMONG
REGISTERED 
VOTERS USING MAIL AND ONLINE REGISTRATION.—In 
carrying out this Act, the Help America Vote Act of 2002, 
or any other Federal, State, or local law governing the 
treatment of registered voters in the State or the adminis-
tration of elections for public office in the State, a State 
shall treat a registered voter who registered to vote online 
in accordance with this section in the same manner as the 
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State treats a registered voter who registered to vote by 
mail.’’. 
(b) SPECIAL
REQUIREMENTS
FOR
INDIVIDUALS 
USING ONLINE REGISTRATION.— 
(1) TREATMENT AS INDIVIDUALS REGISTERING 
TO VOTE BY MAIL FOR PURPOSES OF FIRST-TIME 
VOTER
IDENTIFICATION
REQUIREMENTS.—Section 
303(b)(1)(A) of the Help America Vote Act of 2002 
(52 U.S.C. 21083(b)(1)(A)) is amended by striking 
‘‘by mail’’ and inserting ‘‘by mail or online under 
section 6A of the National Voter Registration Act of 
1993’’. 
(2) REQUIRING
SIGNATURE
FOR
FIRST-TIME 
VOTERS IN JURISDICTION.—Section 303(b) of such 
Act (52 U.S.C. 21083(b)) is amended— 
(A) by redesignating paragraph (5) as 
paragraph (6); and 
(B) by inserting after paragraph (4) the 
following new paragraph: 
‘‘(5) SIGNATURE
REQUIREMENTS
FOR
FIRST- 
TIME VOTERS USING ONLINE REGISTRATION.— 
‘‘(A) IN
GENERAL.—A State shall, in a 
uniform and nondiscriminatory manner, require 
an individual to meet the requirements of sub-
paragraph (B) if— 
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‘‘(i) the individual registered to vote 
in the State online under section 6A of the 
National Voter Registration Act of 1993; 
and 
‘‘(ii) the individual has not previously 
voted in an election for Federal office in 
the State. 
‘‘(B) 
REQUIREMENTS.—An 
individual 
meets the requirements of this subparagraph 
if— 
‘‘(i) in the case of an individual who 
votes in person, the individual provides the 
appropriate State or local election official 
with a handwritten signature; or 
‘‘(ii) in the case of an individual who 
votes by mail, the individual submits with 
the ballot a handwritten signature. 
‘‘(C) 
INAPPLICABILITY.—Subparagraph 
(A) does not apply in the case of an individual 
who is— 
‘‘(i) entitled to vote by absentee ballot 
under the Uniformed and Overseas Citi-
zens Absentee Voting Act (52 U.S.C. 
20302 et seq.); 
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‘‘(ii) provided the right to vote other-
wise 
than 
in 
person 
under 
section 
3(b)(2)(B)(ii) of the Voting Accessibility 
for the Elderly and Handicapped Act (52 
U.S.C. 20102(b)(2)(B)(ii)); or 
‘‘(iii) entitled to vote otherwise than 
in person under any other Federal law.’’. 
(3) CONFORMING
AMENDMENT
RELATING
TO 
EFFECTIVE
DATE.—Section 303(d)(2)(A) of such 
Act (52 U.S.C. 21083(d)(2)(A)) is amended by 
striking ‘‘Each State’’ and inserting ‘‘Except as pro-
vided in subsection (b)(5), each State’’. 
(c) CONFORMING AMENDMENTS.— 
(1) TIMING OF REGISTRATION.—Section 8(a)(1) 
of the National Voter Registration Act of 1993 (52 
U.S.C. 20507(a)(1)) is amended— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (C); 
(B) by redesignating subparagraph (D) as 
subparagraph (E); and 
(C) by inserting after subparagraph (C) 
the following new subparagraph: 
‘‘(D) in the case of online registration 
through the official public website of an election 
official under section 6A, if the valid voter reg-
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istration application is submitted online not 
later than the lesser of 30 days, or the period 
provided by State law, before the date of the 
election (as determined by treating the date on 
which the application is sent electronically as 
the date on which it is submitted); and’’. 
(2) INFORMING
APPLICANTS
OF
ELIGIBILITY 
REQUIREMENTS
AND
PENALTIES.—Section 8(a)(5) 
of such Act (52 U.S.C. 20507(a)(5)) is amended by 
striking ‘‘and 7’’ and inserting ‘‘6A, and 7’’. 
SEC. 8102. USE OF INTERNET TO UPDATE REGISTRATION 
INFORMATION. 
(a) IN GENERAL.— 
(1) UPDATES TO INFORMATION CONTAINED ON 
COMPUTERIZED
STATEWIDE
VOTER
REGISTRATION 
LIST.—Section 303(a) of the Help America Vote Act 
of 2002 (52 U.S.C. 21083(a)) is amended by adding 
at the end the following new paragraph: 
‘‘(6) USE OF INTERNET BY REGISTERED VOT-
ERS TO UPDATE INFORMATION.— 
‘‘(A) IN GENERAL.—The appropriate State 
or local election official shall ensure that any 
registered voter on the computerized list may at 
any time update the voter’s registration infor-
mation, including the voter’s address and elec-
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tronic mail address, online through the official 
public website of the election official responsible 
for the maintenance of the list, so long as the 
voter attests to the contents of the update by 
providing a signature in electronic form in the 
same manner required under section 6A(c) of 
the National Voter Registration Act of 1993. 
‘‘(B) PROCESSING OF UPDATED INFORMA-
TION BY ELECTION OFFICIALS.—If a registered 
voter updates registration information under 
subparagraph (A), the appropriate State or 
local election official shall— 
‘‘(i) revise any information on the 
computerized list to reflect the update 
made by the voter; and 
‘‘(ii) if the updated registration infor-
mation affects the voter’s eligibility to vote 
in an election for Federal office, ensure 
that the information is processed with re-
spect to the election if the voter updates 
the information not later than the lesser of 
7 days, or the period provided by State 
law, before the date of the election. 
‘‘(C) CONFIRMATION AND DISPOSITION.— 
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‘‘(i) CONFIRMATION
OF
RECEIPT.— 
Upon the online submission of updated 
registration information by an individual 
under this paragraph, the appropriate 
State or local election official shall send 
the individual a notice confirming the 
State’s receipt of the updated information 
and providing instructions on how the indi-
vidual may check the status of the update. 
‘‘(ii) NOTICE
OF
DISPOSITION.—As 
soon as the appropriate State or local elec-
tion official has accepted or rejected up-
dated information submitted by an indi-
vidual under this paragraph, the official 
shall send the individual a notice of the 
disposition of the update. 
‘‘(iii) METHOD
OF
NOTIFICATION.— 
The appropriate State or local election offi-
cial shall send the notices required under 
this subparagraph by regular mail, and, in 
the case of an individual who has re-
quested that the State provide voter reg-
istration and voting information through 
electronic mail, by both electronic mail and 
regular mail.’’. 
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(2) CONFORMING
AMENDMENT
RELATING
TO 
EFFECTIVE
DATE.—Section 303(d)(1)(A) of such 
Act (52 U.S.C. 21083(d)(1)(A)) is amended by 
striking ‘‘subparagraph (B)’’ and inserting ‘‘sub-
paragraph (B) and subsection (a)(6)’’. 
(b) ABILITY OF REGISTRANT TO USE ONLINE UP-
DATE TO PROVIDE INFORMATION ON RESIDENCE.—Sec-
tion 8(d)(2)(A) of the National Voter Registration Act of 
1993 (52 U.S.C. 20507(d)(2)(A)) is amended— 
(1) in the first sentence, by inserting after ‘‘re-
turn the card’’ the following: ‘‘or update the reg-
istrant’s information on the computerized Statewide 
voter registration list using the online method pro-
vided under section 303(a)(6) of the Help America 
Vote Act of 2002’’; and 
(2) in the second sentence, by striking ‘‘re-
turned,’’ and inserting the following: ‘‘returned or if 
the registrant does not update the registrant’s infor-
mation on the computerized Statewide voter reg-
istration list using such online method,’’. 
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SEC. 8103. PROVISION OF ELECTION INFORMATION BY 
ELECTRONIC MAIL TO INDIVIDUALS REG-
ISTERED TO VOTE. 
(a) INCLUDING OPTION ON VOTER REGISTRATION 
APPLICATION TO PROVIDE E-MAIL ADDRESS AND RE-
CEIVE INFORMATION.— 
(1) IN GENERAL.—Section 9(b) of the National 
Voter Registration Act of 1993 (52 U.S.C. 
20508(b)) is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (3); 
(B) by striking the period at the end of 
paragraph (4) and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(5) shall include a space for the applicant to 
provide (at the applicant’s option) an electronic mail 
address, together with a statement that, if the appli-
cant so requests, instead of using regular mail the 
appropriate State and local election officials shall 
provide to the applicant, through electronic mail sent 
to that address, the same voting information (as de-
fined in section 302(b)(2) of the Help America Vote 
Act of 2002) which the officials would provide to the 
applicant through regular mail.’’. 
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(2) PROHIBITING
USE
FOR
PURPOSES
UNRE-
LATED
TO
OFFICIAL
DUTIES
OF
ELECTION
OFFI-
CIALS.—Section 9 of such Act (52 U.S.C. 20508) is 
amended by adding at the end the following new 
subsection: 
‘‘(c) PROHIBITING USE OF ELECTRONIC MAIL AD-
DRESSES FOR OTHER THAN OFFICIAL PURPOSES.—The 
chief State election official shall ensure that any electronic 
mail address provided by an applicant under subsection 
(b)(5) is used only for purposes of carrying out official 
duties of election officials and is not transmitted by any 
State or local election official (or any agent of such an 
official, including a contractor) to any person who does 
not require the address to carry out such official duties 
and who is not under the direct supervision and control 
of a State or local election official.’’. 
(b) REQUIRING PROVISION
OF INFORMATION
BY 
ELECTION OFFICIALS.—Section 302(b) of the Help Amer-
ica Vote Act of 2002 (52 U.S.C. 21082(b)) is amended 
by adding at the end the following new paragraph: 
‘‘(3) PROVISION OF OTHER INFORMATION BY 
ELECTRONIC MAIL.—If an individual who is a reg-
istered voter has provided the State or local election 
official with an electronic mail address for the pur-
pose of receiving voting information (as described in 
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section 9(b)(5) of the National Voter Registration 
Act of 1993), the appropriate State or local election 
official, through electronic mail transmitted not later 
than 7 days before the date of the election involved, 
shall provide the individual with information on how 
to obtain the following information by electronic 
means: 
‘‘(A) The name and address of the polling 
place at which the individual is assigned to vote 
in the election. 
‘‘(B) The hours of operation for the polling 
place. 
‘‘(C) A description of any identification or 
other information the individual may be re-
quired to present at the polling place.’’. 
SEC. 8104. CLARIFICATION OF REQUIREMENT REGARDING 
NECESSARY INFORMATION TO SHOW ELIGI-
BILITY TO VOTE. 
Section 8 of the National Voter Registration Act of 
1993 (52 U.S.C. 20507) is amended— 
(1) by redesignating subsection (j) as sub-
section (k); and 
(2) by inserting after subsection (i) the fol-
lowing new subsection: 
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‘‘(j) REQUIREMENT FOR STATE TO REGISTER APPLI-
CANTS PROVIDING NECESSARY INFORMATION TO SHOW 
ELIGIBILITY TO VOTE.—For purposes meeting the re-
quirement of subsection (a)(1) that an eligible applicant 
is registered to vote in an election for Federal office within 
the deadlines required under such subsection, the State 
shall consider an applicant to have provided a ‘valid voter 
registration form’ if— 
‘‘(1) the applicant has accurately completed the 
application form and attested to the statement re-
quired by section 9(b)(2); and 
‘‘(2) in the case of an applicant who registers 
to vote online in accordance with section 6A, the ap-
plicant provides a signature in accordance with sub-
section (c) of such section.’’. 
SEC. 8105. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided in subsection 
(b), the amendments made by this part (other than the 
amendments made by section 8104) shall take effect Jan-
uary 1, 2020. 
(b) WAIVER.—Subject to the approval of the Election 
Assistance Commission, if a State certifies to the Election 
Assistance Commission that the State will not meet the 
deadline referred to in subsection (a) because of extraor-
dinary circumstances and includes in the certification the 
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974 
reasons for the failure to meet the deadline, subsection 
(a) shall apply to the State as if the reference in such 
subsection to ‘‘January 1, 2020’’ were a reference to 
‘‘January 1, 2022’’. 
PART 2—AUTOMATED REGISTRATION OF 
CERTAIN INDIVIDUALS 
SEC. 8111. AUTOMATED VOTER REGISTRATION. 
(a) COLLECTION
OF
INFORMATION
BY
SOURCE 
AGENCIES.— 
(1) DUTIES
OF
SOURCE
AGENCIES.—Each 
source agency in a State (as defined in subsection 
(e)) shall, with each application for services or as-
sistance by an individual, and with each recertifi-
cation, renewal, or change of address relating to 
such services or assistance— 
(A) notify each such individual of the sub-
stantive qualifications of an elector in the State, 
using language approved by the State’s chief 
election official; 
(B) notify each such individual that there 
is an opportunity to be registered to vote or up-
date voter registration, but that voter registra-
tion is voluntary, and that neither registering 
nor declining to register to vote will in any way 
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affect the availability of services or benefits, nor 
be used for other purposes; 
(C) require that each such individual indi-
cate, after considering the substantive qualifica-
tion of an elector in the State, whether or not 
the person wishes to be registered; 
(D) ensure that each such individual’s 
transaction with the agency cannot be com-
pleted until the individual has indicated whether 
he or she wishes to register to vote; and 
(E) for each such individual who consents 
to using the individual’s records with the source 
agency to enable the individual to register to 
vote under this section, collect a signed affirma-
tion of eligibility to register to vote in the State. 
(2) NO EFFECT ON RIGHT TO DECLINE VOTER 
REGISTRATION.—Nothing in this part shall be con-
strued to interfere with the right of any person to 
decline to be registered to vote for any reason. 
(b) TRANSFER OF INFORMATION ON INDIVIDUALS 
CONSENTING TO VOTER REGISTRATION.— 
(1) TRANSFER.—For each individual who noti-
fies the source agency that the individual consents to 
voter registration under this section, the source 
agency shall transfer to the chief State election offi-
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cial of the State the following data, to the extent the 
data is available to the source agency: 
(A) The given name or names and sur-
name or surnames. 
(B) Date of birth. 
(C) Residential address. 
(D) Mailing address. 
(E) Signature, in electronic form. 
(F) Date of the last change to the infor-
mation. 
(G) The motor vehicle driver’s license 
number. 
(H) The last four digits of the Social Secu-
rity number. 
(2) TIMING OF TRANSFER.—The source agency 
shall transfer the data described in paragraph (1) to 
the chief State election official on a daily basis. 
(3) FORMAT.—The data transferred under 
paragraph (1) shall be transferred in a format com-
patible with the Statewide computerized voter reg-
istration list under section 303 of the Help America 
Vote Act of 2002. 
(4) PROHIBITING STORAGE OF INFORMATION.— 
Any information collected by the source agency 
under this section with respect to an individual who 
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consents to register to vote under this section may 
not be stored by the source agency in any form after 
the information is transferred to the chief State elec-
tion official under paragraph (1). 
(c) REGISTRATION OF INDIVIDUALS BY CHIEF STATE 
ELECTION OFFICIAL.— 
(1) COMPARISON WITH STATEWIDE VOTER REG-
ISTRATION LIST.—Upon receiving information from 
a source agency with respect to an individual under 
subsection (b), the chief State election official shall 
determine whether the individual is included in the 
computerized Statewide voter registration list estab-
lished and maintained under section 303 of the Help 
America Vote Act of 2002 (52 U.S.C. 21083). 
(2) REGISTRATION
OF
INDIVIDUALS
NOT
ON 
STATEWIDE LIST.—If an individual for whom infor-
mation is received from a source agency under sub-
section (b) is eligible to vote in elections for Federal 
office in the State and is not on the computerized 
Statewide voter registration list, the chief State elec-
tion official shall— 
(A) ensure that the individual is registered 
to vote in such elections not later than 5 days 
after receiving the information, without regard 
to whether or not the information provided by 
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978 
the source agency includes the individual’s sig-
nature; 
(B) update the Statewide computerized 
voter registration list to include the individual; 
and 
(C) notify the individual that the individual 
is registered to vote in elections for Federal of-
fice in the State. 
(3) TREATMENT
OF
INFORMATION
INCOR-
RECTLY PROVIDED.—If a source agency provides the 
chief State election official with information with re-
spect to an individual who did not consent to be reg-
istered to vote under this section, the chief State 
election official shall not take any action to register 
the individual to vote, except that no such individual 
who is already included on the computerized State-
wide voter registration list shall be removed from the 
list solely because the information was incorrectly 
provided under subsection (b). 
(4) NO
EFFECT
ON
OTHER
MEANS
OF
REG-
ISTRATION.—Nothing in this section affects a 
State’s obligation to register voters upon receipt of 
a valid voter registration application through means 
provided by National Voter Registration Act of 1993 
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(52 U.S.C. 20501 et seq.), the internet registration 
procedure described in part 1, or other valid means. 
(5) INDIVIDUALS IN EXISTING RECORDS.—No 
later than January 2021, each individual who is list-
ed in a source agency’s records and for whom there 
exists reason to believe the individual is a citizen 
and not otherwise ineligible to vote shall be mailed 
a postage pre-paid return postcard including a box 
for the individual to check, together with the state-
ment (in close proximity to the box and in promi-
nent type), ‘‘By checking this box, I affirm that I 
am a citizen of the United States, am eligible to vote 
in this State, and will be at least eighteen years old 
by the next general election. I understand that by 
checking this box, I will be registered to vote if I am 
eligible to vote in the State.’’, along with a clear de-
scription of the voting eligibility requirements in the 
State. The postcard shall also include, where re-
quired for voter registration, a place for the individ-
ual’s signature and designation of party affiliation. 
An individual who checks the box and returns the 
completed postcard postmarked not later than the 
lesser of the fifteenth day before an election for Fed-
eral office, or the period provided by State law, shall 
be registered to vote in that election. 
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(d) OPTIONS
FOR STATE TO REQUIRE SPECIAL 
TREATMENT OF INDIVIDUALS REGISTERED AUTOMATI-
CALLY.— 
(1) TREATMENT AS INDIVIDUALS REGISTERING 
TO VOTE BY MAIL FOR PURPOSES OF FIRST-TIME 
VOTER
IDENTIFICATION
REQUIREMENTS.—Section 
303(b)(1)(A) of the Help America Vote Act of 2002 
(52 U.S.C. 21083(b)(1)(A)), as amended by section 
8101(b)(1), is amended by striking ‘‘of 1993’’ and 
inserting ‘‘of 1993 or (at the option of the State) 
was registered automatically under section 8111 of 
the Voter Registration Modernization Act of 2018’’. 
(2) REQUIRING SIGNATURE.—Section 303(b) of 
such Act (52 U.S.C. 21083(b)), as amended by sec-
tion 8101(b)(2), is amended— 
(A) by redesignating paragraph (6) as 
paragraph (7); and 
(B) by inserting after paragraph (5) the 
following new paragraph: 
‘‘(5) OPTION FOR STATE TO REQUIRE SIGNA-
TURE REQUIREMENTS FOR FIRST-TIME VOTERS REG-
ISTERED AUTOMATICALLY.— 
‘‘(A) IN GENERAL.—A State may, in a uni-
form and nondiscriminatory manner, require an 
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981 
individual to meet the requirements of subpara-
graph (B) if— 
‘‘(i) the individual was registered to 
vote in the State automatically under sec-
tion 8111 of the Voter Registration Mod-
ernization Act of 2018; and 
‘‘(ii) the individual has not previously 
voted in an election for Federal office in 
the State. 
‘‘(B) 
REQUIREMENTS.—An 
individual 
meets the requirements of this subparagraph 
if— 
‘‘(i) in the case of an individual who 
votes in person, the individual provides the 
appropriate State or local election official 
with a handwritten signature; or 
‘‘(ii) in the case of an individual who 
votes by mail, the individual submits with 
the ballot a handwritten signature. 
‘‘(C) 
INAPPLICABILITY.—Subparagraph 
(A) does not apply in the case of an individual 
who is— 
‘‘(i) entitled to vote by absentee ballot 
under the Uniformed and Overseas Citi-
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982 
zens Absentee Voting Act (52 U.S.C. 
20302 et seq.); 
‘‘(ii) provided the right to vote other-
wise 
than 
in 
person 
under 
section 
3(b)(2)(B)(ii) of the Voting Accessibility 
for the Elderly and Handicapped Act (52 
U.S.C. 20102(b)(2)(B)(ii)); or 
‘‘(iii) entitled to vote otherwise than 
in person under any other Federal law.’’. 
(3) CONFORMING
AMENDMENT
RELATING
TO 
EFFECTIVE
DATE.—Section 303(d)(2)(A) of such 
Act (52 U.S.C. 21083(d)(2)(A)), as amended by sec-
tion 101(b)(3), is amended by striking ‘‘subsection 
(b)(5)’’ and inserting ‘‘subsections (b)(5) and 
(b)(6)’’. 
(e) SOURCE AGENCIES DESCRIBED.— 
(1) IN GENERAL.—With respect to any State, a 
‘‘source agency’’ is— 
(A) each State office which is described in 
paragraph (2); and 
(B) each Federal office which is described 
in paragraph (3) which is located in the State, 
except that such office shall be a source agency 
only with respect to individuals who are resi-
dents of the State in which the office is located. 
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(2) STATE OFFICES DESCRIBED.— 
(A) IN GENERAL.—The State offices de-
scribed in this paragraph are as follows: 
(i) The State motor vehicle authority. 
(ii) Each office in the State which is 
designated as a voter registration agency 
in a State pursuant to section 7(a) of the 
National Voter Registration Act of 1993 
(52 U.S.C. 20506(a)). 
(iii) Each State agency that admin-
isters a program providing assistance pur-
suant to pursuant to title III of the Social 
Security Act (42 U.S.C. 501 et seq.). 
(iv) Each State agency primarily re-
sponsible for maintaining identifying infor-
mation for students enrolled at public sec-
ondary schools in the State, including, 
where applicable, the State agency respon-
sible for maintaining the education data 
system described in section 6401(e)(2) of 
the America COMPETES Act (20 U.S.C. 
9871(e)(2)). 
(v) In the case of a State in which an 
individual disenfranchised by a criminal 
conviction may become eligible to vote 
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upon completion of criminal sentence or 
any part thereof, or upon formal restora-
tion of rights, the State agency responsible 
for administering that sentence, or part 
thereof, or that restoration of rights. 
(vi) In the case of a State in which an 
individual disenfranchised by adjudication 
of mental incompetence or similar condi-
tion becomes eligible to register to vote 
upon the restoration of competence or 
similar condition, each State agency re-
sponsible for determining when competence 
or a similar condition is met. 
(vii) Such other office which may be 
designated as a source agency by the chief 
State election official of the State. 
(B) CRITERIA FOR DESIGNATION OF ADDI-
TIONAL SOURCE AGENCIES.—In designating of-
fices of the State as source agencies for pur-
poses of subparagraph (A)(vii), the chief State 
election official shall give priority on the basis 
of the following criteria: 
(i) The extent to which individuals re-
ceiving services or assistance from the of-
fice are likely to be individuals who are eli-
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985 
gible to register to vote in elections for 
Federal office in the State but who are not 
registered to vote in such elections. 
(ii) The accuracy of the office’s 
records with respect to identifying informa-
tion (including age, citizenship status, and 
residency) for individuals receiving services 
or assistance from the office. 
(iii) The cost-effectiveness of obtain-
ing such identifying information and trans-
mitting the information to the chief State 
election official. 
(iv) The extent to which the designa-
tion of the office as a voter registration 
agency will promote the registration of eli-
gible individuals to vote in elections for 
Federal office in the State and the accu-
racy of the State’s Statewide computerized 
voter registration list under the Help 
America Vote Act of 2002. 
(3) FEDERAL OFFICES DESCRIBED.—The Fed-
eral offices described in this paragraph are as fol-
lows: 
(A) Armed Forces recruitment offices. 
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986 
(B) The United States Immigration and 
Customs Enforcement Bureau, but only with 
respect to individuals who complete the natu-
ralization process. 
(C) The Social Security Administration. 
(D) The Administrative Office of the 
United States Courts, the Federal Bureau of 
Prisons, and the United States Probation Serv-
ice, but only with respect to individuals com-
pleting terms of prison, sentences, probation, or 
parole. 
(E) The Department of Veterans Affairs, 
but only with respect to individuals applying for 
or using health care services or services for 
homeless individuals. 
(F) The Defense Manpower Data Center 
of the Department of Defense. 
(G) The Indian Health Services of the De-
partment of Health and Human Services. 
(H) The Center for Medicare and Medicaid 
Services of the Department of Health and 
Human Services. 
(I) Any other Federal office which des-
ignated by a State (with the consent of the 
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987 
President) as a source agency with respect to 
the State. 
SEC. 8112. LIST MAINTENANCE, PRIVACY, AND SECURITY. 
(a) DATABASE MANAGEMENT STANDARDS.— 
(1) DATABASE
MATCHING
STANDARDS.—The 
chief State election official of each State shall estab-
lish standards governing the comparison of data on 
the Statewide computerized voter registration list 
under section 303 of the Help America Vote Act of 
2002, the data provided by various source agencies 
under section 8111, and relevant data from other 
sources, including the specific data elements and 
data matching rules to be used for purposes of de-
termining— 
(A) whether a data record from any source 
agency represents the same individual as a 
record in another source agency or on the 
Statewide list; 
(B) whether a data record from any source 
agency represents an individual already reg-
istered to vote in the State; 
(C) whether two data records in the State-
wide computerized voter registration list rep-
resent duplicate records for the same individual; 
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988 
(D) whether a data record supplied by any 
list maintenance source represents an individual 
already registered to vote in the State; and 
(E) which information will be treated as 
more current and reliable when data records 
from multiple sources present information for 
the same individual. 
(2) STANDARDS
FOR
DETERMINING
INELIGI-
BILITY.—The chief State election official of a State 
shall establish uniform and non-discriminatory 
standards describing the specific conditions under 
which an individual will be determined for list main-
tenance purposes to be ineligible to vote in an elec-
tion for Federal office in the State. 
(b) PRIVACY AND SECURITY STANDARDS.— 
(1) PRIVACY AND SECURITY POLICY.—The chief 
State election official of a State shall publish and 
enforce a privacy and security policy specifying each 
class of users who shall have authorized access to 
the computerized Statewide voter registration list, 
specifying for each such class the permission and 
levels of access to be granted, and setting forth 
other safeguards to protect the privacy and security 
of the information on the list. Such policy shall in-
clude security safeguards to protect personal infor-
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989 
mation in the data transfer process under section 
8111, the online or telephone interface, the mainte-
nance of the voter registration database, and audit 
procedure to track individual access to the system. 
(2) NO
UNAUTHORIZED
ACCESS.—The chief 
election official of a State shall establish policies and 
enforcement procedures to prevent unauthorized ac-
cess to or use of the computerized Statewide voter 
registration list, any list or other information pro-
vided by a source agency under section 8111, or any 
maintenance source for the list. Nothing in this 
paragraph shall be construed to prohibit access to 
information required for official purposes for pur-
poses of voter registration, election administration, 
and the enforcement of election laws. 
(3) INTER-AGENCY TRANSFERS.— 
(A) IN GENERAL.—The chief election offi-
cial of a State shall establish policies and en-
forcement procedures to maintain security dur-
ing inter-agency transfers of information re-
quired or permitted under this subtitle. Each 
State agency and third party participating in 
such inter-agency transfers of information shall 
facilitate and comply with such policies. Noth-
ing in this subparagraph shall prevent a source 
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990 
agency under section 8111 from establishing 
and enforcing additional security measures to 
protect the confidentiality and integrity of 
inter-agency data transfers. No State or local 
election official shall transfer or facilitate the 
transfer of information from the computerized 
Statewide voter registration list to any source 
agency under section 8111. 
(B) TRANSMISSION
THROUGH
SECURE 
THIRD PARTIES PERMITTED.—Nothing in this 
section shall be construed to prevent a source 
agency under section 8111 from contracting 
with a third party to assist in the transmission 
of data to a chief State election official, so long 
as the data transmission complies with the ap-
plicable requirements of this subtitle, including 
the privacy and security provisions of this sec-
tion. 
(4) RECORDS
RETENTION.—The chief State 
election official of a State shall establish standards 
and procedures to maintain all election records re-
quired for purposes of this subtitle, including for the 
purpose of determining the eligibility of persons 
casting provisional ballots under section 302 of the 
Help America Vote Act of 2002. Records for individ-
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991 
uals who have been retained on the computerized 
Statewide voter registration list under section 303 of 
such Act but identified as ineligible to vote in an 
election for Federal office within the State, or re-
moved from the list due to ineligibility, shall be 
maintained and kept available until at least the date 
of the second general election for Federal office that 
occurs after the date that the individual was identi-
fied as ineligible. 
(c) PUBLICATION OF STANDARDS.—The chief State 
election official of a State shall publish on the official’s 
website the standards established under this section, and 
shall make those standards available in written form upon 
public request. 
(d) PROTECTION OF SOURCE INFORMATION.—The 
identity of the specific source agency through which an 
individual consented to register to vote under section 8111 
shall not be disclosed to the public and shall not be re-
tained after the individual is added to the computerized 
Statewide voter registration list. 
(e) CONFIDENTIALITY OF INFORMATION.—The chief 
State election official of a State shall establish policies and 
enforcement procedures to ensure that personal informa-
tion provided by source agencies or otherwise transmitted 
under this section is kept confidential and is available only 
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992 
to authorized users. For purposes of these policies and 
procedures, the term ‘‘personal information’’ means any 
of the following: 
(1) Any portion of an individual’s Social Secu-
rity number. 
(2) Any portion of an individual’s motor vehicle 
driver’s license number or State identification card 
number. 
(3) An individual’s signature. 
(4) An individual’s personal residence and con-
tact information (in the case of individuals with re-
spect to whom such information is required to be 
maintained as confidential under State law). 
(5) Sensitive information relating to persons in 
categories designated confidential by Federal or 
State law, including victims of domestic violence or 
stalking, prosecutors and law enforcement personnel, 
and participants in a witness protection program. 
(6) An individual’s phone number. 
(7) An individual’s email address. 
(8) Any indication of an individual’s status as 
a citizen or noncitizen of the United States. 
(9) Such other information as the chief State 
election official may designate as confidential to the 
extent reasonably necessary to prevent identity theft 
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993 
or impersonation, except that the chief State election 
official may not designate as confidential under this 
subparagraph the name, address, or date of registra-
tion of an individual, or, where applicable, the self- 
identified racial or ethnic category of the individual 
as applicable under Revisions to OMB Directive 
Number 15 or successor directives. 
(f) PROTECTIONS AGAINST LIABILITY OF INDIVID-
UALS ON BASIS OF INFORMATION TRANSFERRED.— 
(1) NO INDIVIDUAL LIABILITY FOR REGISTRA-
TION OF INELIGIBLE INDIVIDUAL.—If an individual 
who is not eligible to register to vote in elections for 
Federal office is registered to vote in such elections 
by a chief State election official under section 8111, 
the individual shall not be subject to any penalty, in-
cluding the imposition of a fine or term of imprison-
ment, adverse treatment in any immigration or nat-
uralization proceeding, or the denial of any status 
under immigration laws, under any law prohibiting 
an individual who is not eligible to register to vote 
in elections for Federal office from registering to 
vote in such elections. Nothing in this paragraph 
shall be construed to waive the liability of any indi-
vidual who knowingly provides false information to 
any person regarding the individual’s eligibility to 
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994 
register to vote or vote in elections for Federal of-
fice. 
(2) PROHIBITING USE OF INFORMATION BY OF-
FICIALS.—No person acting under color of law may 
use the information received by the chief State elec-
tion official under section 8111 to attempt to deter-
mine the citizenship status of any individual for im-
migration enforcement, criminal law enforcement 
(other than enforcement of election laws), or any 
purpose other than voter registration, election ad-
ministration, or the enforcement of election laws. 
(g) PROHIBITION ON TRANSFER OF INFORMATION 
IRRELEVANT TO ADMINISTRATION OF ELECTIONS.—No 
source agency shall transmit any information under sec-
tion 8111 which is irrelevant to the administration of elec-
tions. To the extent that an election official receives any 
information which is accidentally or inadvertently trans-
ferred by a source agency under such section, the official 
shall immediately delete the information from the official’s 
records. 
(h) RESTRICTION ON USE OF INFORMATION.—No in-
formation relating to an individual’s absence from the 
Statewide voter registration list under section 303 of the 
Help America Vote Act of 2002 or an individual’s declina-
tion to supply information for voter registration purposes 
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995 
to a source agency under section 8111 may be disclosed 
to the public for immigration enforcement, criminal law 
enforcement other than enforcement of laws against elec-
tion crimes, or used for any purpose other than voter reg-
istration, election administration, or the enforcement of 
election laws. 
(i) NONDISCRIMINATION.—No person acting under 
color of law may discriminate against any individual on 
the basis of the individual’s absence from the statewide 
voter registration list, the information supplied by the in-
dividual for voter registration purpose to a source agency 
under section 8111, or the individual’s declination to sup-
ply such information, except as required for purposes of 
voter registration, election administration, and the en-
forcement of election laws. 
(j) PROHIBITION ON THE USE OF VOTER REGISTRA-
TION INFORMATION FOR COMMERCIAL OR NONGOVERN-
MENTAL PURPOSES.—Voter registration information col-
lected under this subtitle shall not be used for commercial 
purposes including for comparison with any existing com-
mercial list or database. 
(k) PENALTY.—Whoever knowingly uses information 
or permits information to be used in violation of this sec-
tion shall be imprisoned for not more than 1 year, fined 
under title 18, United States Code, or both. 
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996 
(l) EXCLUSION FROM LISTS OF INDIVIDUALS DE-
CLINING REGISTRATION.—The chief State election official 
of a State shall ensure that, with respect to any individual 
who declines the opportunity to register to vote under sec-
tion 8111, the individual’s information is not included on 
the computerized Statewide voter registration list under 
section 303 of the Help America Vote Act of 2002 and 
is not provided to any third party (except to the extent 
required under other law). Nothing in this subsection shall 
be construed to preclude an individual who has previously 
declined the opportunity to register to vote from subse-
quently registering to vote. 
(m) ASSISTANCE TO STATES FOR CARRYING OUT 
LIST SECURITY, MAINTENANCE, AND PRIVACY REQUIRE-
MENTS.— 
(1) AUTHORIZATION
OF
FUNDING.—Section 
257(a) of the Help America Vote Act of 2002 (52 
U.S.C. 21007(a)) is amended by adding at the end 
the following new paragraph: 
‘‘(5) For fiscal year 2020, such sums as may be 
necessary for such payments, except that a State 
may use a requirement payment made with funds 
authorized under this paragraph solely to upgrade 
the security of the State’s voter registration lists and 
voter registration processes and to carry out other 
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997 
activities necessary to meet the requirements of sec-
tion 303(a)(3) (relating to the technological security 
of the State’s computerized voter registration list) 
and the requirements of the Voter Registration Mod-
ernization Act of 2018.’’. 
(2) WAIVER OF 5 PERCENT MATCH REQUIRE-
MENT.—Section 253(b)(5) of such Act (52 U.S.C. 
21003(b)(5)) is amended— 
(A) in subparagraph (A), by striking ‘‘sub-
paragraph (B)’’ and inserting ‘‘subparagraphs 
(B) and (C)’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(C) Subparagraph (A) shall not apply for pur-
poses of determining the eligibility of a State to re-
ceive a requirements payment appropriated pursuant 
to 
the 
authorization 
provided 
under 
section 
257(a)(5) for fiscal year 2020.’’. 
SEC. 8113. PROMOTING ACCURACY OF STATEWIDE VOTER 
REGISTRATION LISTS. 
(a) DEADLINES FOR TRANSMITTAL OF CHANGE OF 
ADDRESS OR OTHER IDENTIFYING INFORMATION.— 
(1) INFORMATION RECEIVED BY STATE MOTOR 
VEHICLE AUTHORITY.—Section 5(d) of the National 
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998 
Voter Registration Act of 1993 (52 U.S.C. 
20504(d)) is amended to read as follows: 
‘‘(d) AUTOMATIC TRANSMITTAL OF CHANGE OF AD-
DRESS
OR OTHER IDENTIFYING INFORMATION.—Not 
later than 24 hours after receiving a change of address 
form or any other information indicating that identifying 
information with respect to an individual which is included 
in the records of the State motor vehicle authority has 
been changed, the State motor vehicle authority shall 
transmit such form or other information to the chief State 
election official, unless— 
‘‘(1) the records of the authority include infor-
mation indicating that the individual is not eligible 
to register to vote in the State; or 
‘‘(2) the individual States on the form or other-
wise indicates that the change of address or other 
information is not for voter registration purposes.’’. 
(2) INFORMATION RECEIVED BY OTHER VOTER 
REGISTRATION AGENCIES.—Section 7 of such Act 
(52 U.S.C. 20506) is amended by adding at the end 
the following new subsection: 
‘‘(e) AUTOMATIC TRANSMITTAL OF CHANGE OF AD-
DRESS
OR OTHER IDENTIFYING INFORMATION.—Not 
later than 24 hours after receiving a change of address 
form or any other information indicating that identifying 
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999 
information with respect to an individual which is included 
in the records of a voter registration agency designated 
under this section has been changed, the appropriate offi-
cial of such agency shall transmit such form or other in-
formation to the chief State election official, unless— 
‘‘(1) the records of the agency include informa-
tion indicating that the individual is not eligible to 
register to vote in the State; or 
‘‘(2) the individual States on the form or other-
wise indicates that the change of address or other 
information is not for voter registration purposes.’’. 
(3) INFORMATION
RECEIVED
FROM
SOURCE 
AGENCIES.—Not later than 24 hours after receiving 
a change of address form or any other information 
indicating that identifying information with respect 
to an individual which is included in the records of 
a source agency designated under section 8111 has 
been changed, the appropriate official of such agency 
shall transmit such form or other information to the 
chief State election official, unless— 
(A) the records of the agency include infor-
mation indicating that the individual is not eli-
gible to register to vote in the State; or 
(B) the individual States on the form or 
otherwise indicates that the change of address 
VerDate Sep 11 2014 
20:18 Jun 18, 2018
Jkt 079200
PO 00000
Frm 00999
Fmt 6652
Sfmt 6201
E:\BILLS\H5785.IH
H5785
pbinns on DSK79D2C42PROD with BILLS