368 
‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall be construed— 
‘‘(A) to prohibit a State from rejecting a 
ballot attempted to be cast in an election for 
Federal office by an individual who is not eligi-
ble to vote in the election; or 
‘‘(B) to prohibit a State from providing an 
individual with more time and more methods 
for curing a discrepancy in the individual’s sig-
nature, providing a missing signature, or curing 
any other defect than the State is required to 
provide under this subsection. 
‘‘(5) EFFECTIVE DATE.—This subsection shall 
apply with respect to elections held on or after Janu-
ary 1, 2024. 
‘‘(g) UNIFORM
AND NONDISCRIMINATORY STAND-
ARDS.— 
‘‘(1) IN
GENERAL.—Consistent with the re-
quirements of this section, each State shall establish 
uniform and nondiscriminatory standards for the 
issuance, handling, and counting of provisional bal-
lots. 
‘‘(2) EFFECTIVE DATE.—This subsection shall 
apply with respect to elections held on or after Janu-
ary 1, 2024. 
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369 
‘‘(h) ADDITIONAL CONDITIONS PROHIBITED.—If an 
individual in a State is eligible to cast a provisional ballot 
as provided under this section, the State may not impose 
any additional conditions or requirements (including con-
ditions or requirements regarding the timeframe in which 
a provisional ballot may be cast) on the eligibility of the 
individual to cast such provisional ballot.’’. 
(b) CONFORMING AMENDMENT.—Section 302(h) of 
such Act (52 U.S.C. 21082(g)), as amended by section 
1601(a) and redesignated by subsection (a), is amended 
by striking ‘‘subsection (d)(4)’’ and inserting ‘‘subsections 
(d)(4), (e)(3), and (f)(2)’’. 
TITLE IV—VOTING SYSTEM 
SECURITY 
SEC. 4001. POST-ELECTION AUDIT REQUIREMENT. 
(a) IN GENERAL.—Title III of the Help America 
Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended 
by section 3601, is amended by inserting after section 
303A the following new section: 
‘‘SEC. 303B. POST-ELECTION AUDITS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) POST-ELECTION AUDIT.—Except as pro-
vided in subsection (c)(1)(B), the term ‘post-election 
audit’ means, with respect to any election contest, a 
post-election process that— 
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370 
‘‘(A) has a probability of at least 95 per-
cent of correcting the reported outcome if the 
reported outcome is not the correct outcome; 
‘‘(B) will not change the outcome if the re-
ported outcome is the correct outcome; and 
‘‘(C) involves a manual adjudication of 
voter intent from some or all of the ballots val-
idly cast in the election contest. 
‘‘(2) REPORTED OUTCOME; CORRECT OUTCOME; 
OUTCOME.— 
‘‘(A) REPORTED OUTCOME.—The term ‘re-
ported outcome’ means the outcome of an elec-
tion contest which is determined according to 
the canvass and which will become the official, 
certified outcome unless it is revised by an 
audit, recount, or other legal process. 
‘‘(B) CORRECT OUTCOME.—The term ‘cor-
rect outcome’ means the outcome that would be 
determined by a manual adjudication of voter 
intent for all votes validly cast in the election 
contest. 
‘‘(C) 
OUTCOME.—The 
term 
‘outcome’ 
means the winner or set of winners of an elec-
tion contest. 
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371 
‘‘(3) MANUAL
ADJUDICATION
OF
VOTER
IN-
TENT.—The term ‘manual adjudication of voter in-
tent’ means direct inspection and determination by 
humans, without assistance from electronic or me-
chanical tabulation devices, of the ballot choices 
marked by voters on each voter-verifiable paper 
record. 
‘‘(4) BALLOT
MANIFEST.—The term ‘ballot 
manifest’ means a record maintained by each juris-
diction that— 
‘‘(A) is created without reliance on any 
part of the voting system used to tabulate 
votes; 
‘‘(B) functions as a sampling frame for 
conducting a post-election audit; and 
‘‘(C) accounts for all ballots validly cast re-
gardless of how they were tabulated and in-
cludes a precise description of the manner in 
which the ballots are physically stored, includ-
ing the total number of physical groups of bal-
lots, the numbering system for each group, a 
unique label for each group, and the number of 
ballots in each such group. 
‘‘(b) REQUIREMENTS.— 
‘‘(1) IN GENERAL.— 
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372 
‘‘(A) AUDITS.— 
‘‘(i) IN
GENERAL.—Each State and 
jurisdiction shall administer post-election 
audits of the results of all election contests 
for Federal office held in the State in ac-
cordance with the requirements of para-
graph (2). 
‘‘(ii) EXCEPTION.—Clause (i) shall 
not apply to any election contest for which 
the State or jurisdiction conducts a full re-
count through a manual adjudication of 
voter intent. 
‘‘(B) FULL
MANUAL
TABULATION.—If a 
post-election audit conducted under subpara-
graph (A) corrects the reported outcome of an 
election contest, the State or jurisdiction shall 
use the results of the manual adjudication of 
voter intent conducted as part of the post-elec-
tion audit as the official results of the election 
contest. 
‘‘(2) AUDIT REQUIREMENTS.— 
‘‘(A) RULES AND PROCEDURES.— 
‘‘(i) IN GENERAL.—Not later than 6 
years after the date of the enactment of 
this section, the chief State election official 
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373 
of the State shall establish rules and proce-
dures for conducting post-election audits. 
‘‘(ii) MATTERS INCLUDED.—The rules 
and procedures established under clause (i) 
shall include the following: 
‘‘(I) Rules and procedures for en-
suring the security of ballots and doc-
umenting that prescribed procedures 
were followed. 
‘‘(II) Rules and procedures for 
ensuring the accuracy of ballot mani-
fests produced by jurisdictions. 
‘‘(III) Rules and procedures for 
governing the format of ballot mani-
fests and other data involved in post- 
election audits. 
‘‘(IV) Methods to ensure that 
any cast vote records used in a post- 
election audit are those used by the 
voting system to tally the results of 
the election contest sent to the chief 
State election official of the State and 
made public. 
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374 
‘‘(V) Rules and procedures for 
the random selection of ballots to be 
inspected manually during each audit. 
‘‘(VI) Rules and procedures for 
the calculations and other methods to 
be used in the audit and to determine 
whether and when the audit of each 
election contest is complete. 
‘‘(VII) Rules and procedures for 
testing any software used to conduct 
post-election audits. 
‘‘(B) PUBLIC REPORT.— 
‘‘(i) IN GENERAL.—After the comple-
tion of the post-election audit and at least 
5 days before the election contest is cer-
tified by the State, the State shall make 
public and submit to the Commission a re-
port on the results of the audit, together 
with such information as necessary to con-
firm that the audit was conducted prop-
erly. 
‘‘(ii) FORMAT
OF
DATA.—All data 
published with the report under clause (i) 
shall be published in machine-readable, 
open data formats. 
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375 
‘‘(iii) PROTECTION OF ANONYMITY OF 
VOTES.—Information and data published 
by the State under this subparagraph shall 
not compromise the anonymity of votes. 
‘‘(iv) REPORT
MADE
AVAILABLE
BY 
COMMISSION.—After receiving any report 
submitted under clause (i), the Commis-
sion shall make such report available on its 
website. 
‘‘(3) EFFECTIVE DATE; WAIVER.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraphs (B) and (C), each State and ju-
risdiction shall be required to comply with the 
requirements of this subsection for the first reg-
ularly scheduled election for Federal office oc-
curring in 2034 and for each subsequent elec-
tion for Federal office. 
‘‘(B) WAIVER.—Except as provided in sub-
paragraph (C), if a State certifies to the Elec-
tion Assistance Commission not later than the 
first regularly scheduled election for Federal of-
fice occurring in 2034, that the State will not 
meet the deadline described in subparagraph 
(A) because it would be impracticable to do so 
and includes in the certification the reasons for 
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376 
the failure to meet such deadline, subparagraph 
(A) and subsection (c)(2) shall be applied to the 
State by substituting ‘2036’ for ‘2034’. 
‘‘(C) ADDITIONAL WAIVER PERIOD.—If a 
State certifies to the Election Assistance Com-
mission not later than the first regularly sched-
uled election for Federal office occurring in 
2036, that the State will not meet the deadline 
described in subparagraph (A) (after applica-
tion of subparagraph (B)) because it would be 
impracticable to do so and includes in the cer-
tification the reasons for the failure to meet 
such deadline, subparagraph (A) and subsection 
(c)(2) shall be applied to the State by sub-
stituting ‘2038’ for ‘2034’. 
‘‘(c) PHASED IMPLEMENTATION.— 
‘‘(1) POST-ELECTION AUDITS.— 
‘‘(A) IN
GENERAL.—For the regularly 
scheduled elections for Federal office occurring 
in 2026 and 2028, each State shall administer 
a post-election audit of the result of at least one 
statewide election contest for Federal office held 
in the State, or if no such statewide contest is 
on the ballot, one election contest for Federal 
office chosen at random. 
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377 
‘‘(B) POST-ELECTION AUDIT DEFINED.— 
In this subsection, the term ‘post-election audit’ 
means a post-election process that involves a 
manual adjudication of voter intent from a 
sample of ballots validly cast in the election 
contest. 
‘‘(2) POST-ELECTION AUDITS FOR SELECT CON-
TESTS.—Subject to subparagraphs (B) and (C) of 
subsection (b)(3), for the regularly scheduled elec-
tions for Federal office occurring in 2030 and for 
each subsequent election for Federal office that oc-
curs prior to the first regularly scheduled election 
for Federal office occurring in 2034, each State 
shall administer a post-election audit of the result of 
at least one statewide election contest for Federal of-
fice held in the State, or if no such statewide contest 
is on the ballot, one election contest for Federal of-
fice chosen at random. 
‘‘(3) STATES
THAT
ADMINISTER
POST-ELEC-
TION AUDITS FOR ALL CONTESTS.—A State shall be 
exempt from the requirements of this subsection for 
any regularly scheduled election for Federal office in 
which the State meets the requirements of sub-
section (b).’’. 
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378 
(b) CLERICAL AMENDMENT.—The table of contents 
for such Act, as amended by section 3601, is amended 
by inserting after the item relating to section 303A the 
following new item: 
‘‘Sec. 303B. Post-election audits.’’. 
(c) STUDY ON POST-ELECTION AUDIT BEST PRAC-
TICES.— 
(1) IN GENERAL.—The Director of the National 
Institute of Standards and Technology shall estab-
lish an advisory committee to study post-election au-
dits and establish best practices for post-election 
audit methodologies and procedures. 
(2) ADVISORY
COMMITTEE.—The Director of 
the National Institute of Standards and Technology 
shall appoint individuals to the advisory committee 
and secure the representation of— 
(A) State and local election officials; 
(B) individuals with experience and exper-
tise in election security; 
(C) individuals with experience and exper-
tise in post-election audit procedures; and 
(D) individuals with experience and exper-
tise in statistical methods. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums 
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379 
as are necessary to carry out the purposes of this 
subsection. 
SEC. 4002. ELECTION INFRASTRUCTURE DESIGNATION. 
Subparagraph (J) of section 2001(3) of the Home-
land Security Act of 2002 (6 U.S.C. 601(3)) is amended 
by inserting ‘‘, including election infrastructure’’ before 
the period at the end. 
SEC. 4003. GUIDELINES AND CERTIFICATION FOR ELEC-
TRONIC POLL BOOKS AND REMOTE BALLOT 
MARKING SYSTEMS. 
(a) INCLUSION UNDER VOLUNTARY VOTING SYSTEM 
GUIDELINES.—Section 222 of the Help America Vote Act 
of 2002 (52 U.S.C. 20962) is amended— 
(1) by redesignating subsections (a), (b), (c), 
(d), and (e) as subsections (b), (c), (d), (e), and (f); 
(2) by inserting after the section heading the 
following: 
‘‘(a) VOLUNTARY VOTING SYSTEM GUIDELINES.— 
The Commission shall adopt voluntary voting system 
guidelines that describe functionality, accessibility, and se-
curity principles for the design, development, and oper-
ation of voting systems, electronic poll books, and remote 
ballot marking systems.’’; and 
(3) by adding at the end the following new sub-
sections: 
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380 
‘‘(g) INITIAL GUIDELINES FOR ELECTRONIC POLL 
BOOKS AND REMOTE BALLOT MARKING SYSTEMS.— 
‘‘(1) ADOPTION DATE.—The Commission shall 
adopt initial voluntary voting system guidelines for 
electronic poll books and remote ballot marking sys-
tems not later than 1 year after the date of the en-
actment of the Freedom to Vote Act. 
‘‘(2) SPECIAL
RULE
FOR
INITIAL
GUIDE-
LINES.—The Commission may adopt initial vol-
untary voting system guidelines for electronic poll 
books and remote ballot marking systems without 
modifying the most recently adopted voluntary vot-
ing system guidelines for voting systems. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) ELECTRONIC POLL BOOK.—The term ‘elec-
tronic poll book’ means the total combination of me-
chanical, electromechanical, or electronic equipment 
(including the software, firmware, and documenta-
tion required to program, control, and support the 
equipment) that is used— 
‘‘(A) to retain the list of registered voters 
at a polling location, or vote center, or other lo-
cation at which voters cast votes in an election 
for Federal office; and 
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381 
‘‘(B) to identify registered voters who are 
eligible to vote in an election. 
‘‘(2) REMOTE BALLOT MARKING SYSTEM.—The 
term ‘remote ballot marking system’ means an elec-
tion system that— 
‘‘(A) is used by a voter to mark their bal-
lots outside of a voting center or polling place; 
and 
‘‘(B) allows a voter to receive a blank bal-
lot to mark electronically, print, and then cast 
by returning the printed ballot to the elections 
office or other designated location.’’. 
(b) PROVIDING FOR CERTIFICATION OF ELECTRONIC 
POLL BOOKS AND REMOTE BALLOT MARKING SYSTEM.— 
Section 231(a) of the Help America Vote Act of 2002 (52 
U.S.C. 20971(a)) is amended, in each of paragraphs (1) 
and (2), by inserting ‘‘, electronic poll books, and remote 
ballot marking systems’’ after ‘‘software’’. 
SEC. 4004. PRE-ELECTION REPORTS ON VOTING SYSTEM 
USAGE. 
(a) REQUIRING STATES TO SUBMIT REPORTS.—Title 
III of the Help America Vote Act of 2002 (52 U.S.C. 
21081 et seq.) is amended by inserting after section 301 
the following new section: 
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382 
‘‘SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM 
USAGE. 
‘‘(a) REQUIRING STATES TO SUBMIT REPORTS.— 
Not later than 120 days before the date of each regularly 
scheduled general election for Federal office, the chief 
State election official of a State shall submit a report to 
the Commission containing a detailed voting system usage 
plan for each jurisdiction in the State which will admin-
ister the election, including a detailed plan for the usage 
of electronic poll books and other equipment and compo-
nents of such system. If a jurisdiction acquires and imple-
ments a new voting system within the 120 days before the 
date of the election, it shall notify the chief State election 
official of the State, who shall submit to the Commission 
in a timely manner an updated report under the preceding 
sentence. 
‘‘(b) EFFECTIVE DATE.—Subsection (a) shall apply 
with respect to the regularly scheduled general election for 
Federal office held in November 2024 and each succeeding 
regularly scheduled general election for Federal office’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended by inserting after the item relating 
to section 301 the following new item: 
‘‘Sec. 301A. Pre-election reports on voting system usage.’’. 
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383 
SEC. 4005. USE OF VOTING MACHINES MANUFACTURED IN 
THE UNITED STATES. 
(a) REQUIREMENT.—Section 301(a) of the Help 
America Vote Act of 2002 (52 U.S.C. 21081(a)), as 
amended by section 3904 and section 3906, is further 
amended by adding at the end the following new para-
graph: 
‘‘(10) VOTING MACHINE REQUIREMENTS.— 
‘‘(A) MANUFACTURING REQUIREMENTS.— 
By not later than the date of the regularly 
scheduled general election for Federal office oc-
curring in November 2026, each State shall 
seek to ensure to the extent practicable that 
any voting machine used in such election and in 
any subsequent election for Federal office is 
manufactured in the United States. 
‘‘(B) ASSEMBLY REQUIREMENTS.—By not 
later than the date of the regularly scheduled 
general election for Federal office occurring in 
November 2026, each State shall seek to ensure 
that any voting machine purchased or acquired 
for such election and in any subsequent election 
for Federal office is assembled in the United 
States. 
‘‘(C) SOFTWARE
AND
CODE
REQUIRE-
MENTS.—By not later than the date of the reg-
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384 
ularly scheduled general election for Federal of-
fice occurring in November 2026, each State 
shall seek to ensure that any software or code 
developed for any voting system purchased or 
acquired for such election and in any subse-
quent election for Federal office is developed 
and stored in the United States.’’. 
(b) CONFORMING AMENDMENT RELATING TO EF-
FECTIVE DATE.—Section 301(d)(1) of such Act (52 
U.S.C. 21081(d)(1)), as amended by section 3907, is 
amended by striking ‘‘paragraph (2)’’ and inserting ‘‘sub-
section (a)(10) and paragraph (2)’’. 
SEC. 4006. USE OF POLITICAL PARTY HEADQUARTERS 
BUILDING FUND FOR TECHNOLOGY OR CY-
BERSECURITY-RELATED PURPOSES. 
(a) 
PERMITTING
USE
OF
FUND.—Section 
315(a)(9)(B) of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30116(a)(9)(B)) is amended by striking 
the period at the end and inserting the following: ‘‘, and 
to defray technology or cybersecurity-related expenses.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to calendar year 
2024 and each succeeding calendar year. 
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385 
SEC. 4007. SEVERABILITY. 
If any provision of this title or any amendment made 
by this title, or the application of any such provision or 
amendment to any person or circumstance, is held to be 
unconstitutional, the remainder of this title, and the appli-
cation of such provision or amendment to any other person 
or circumstance, shall not be affected by the holding. 
DIVISION C—CIVIC PARTICIPA-
TION AND EMPOWERMENT 
TITLE V—NONPARTISAN 
REDISTRICTING REFORM 
SEC. 5001. FINDING OF CONSTITUTIONAL AUTHORITY. 
Congress finds that it has the authority to establish 
the terms and conditions States must follow in carrying 
out congressional redistricting after an apportionment of 
Members of the House of Representatives because— 
(1) the authority granted to Congress under ar-
ticle I, section 4 of the Constitution of the United 
States gives Congress the power to enact laws gov-
erning the time, place, and manner of elections for 
Members of the House of Representatives; 
(2) the authority granted to Congress under 
section 5 of the Fourteenth Amendment to the Con-
stitution gives Congress the power to enact laws to 
enforce section 2 of such amendment, which requires 
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386 
Representatives to be apportioned among the several 
States according to their number; 
(3) the authority granted to Congress under 
section 5 of the Fourteenth Amendment to the Con-
stitution gives Congress the power to enact laws to 
enforce section 1 of such amendment, including pro-
tections against excessive partisan gerrymandering 
that Federal courts have not enforced because they 
understand such enforcement to be committed to 
Congress by the Constitution; 
(4) of the authority granted to Congress to en-
force article IV, section 4, of the Constitution, and 
the guarantee of a Republican Form of Government 
to every State, which Federal courts have not en-
forced because they understand such enforcement to 
be committed to Congress by the Constitution; 
(5) requiring States to use uniform redistricting 
criteria is an appropriate and important exercise of 
such authority; and 
(6) partisan gerrymandering dilutes citizens’ 
votes because partisan gerrymandering injures vot-
ers and political parties by infringing on their First 
Amendment right to associate freely and their Four-
teenth Amendment right to equal protection of the 
laws. 
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387 
SEC. 5002. BAN ON MID-DECADE REDISTRICTING. 
A State that has been redistricted in accordance with 
this title may not be redistricted again until after the next 
apportionment of Representatives under section 22(a) of 
the Act entitled ‘‘An Act to provide for the fifteenth and 
subsequent decennial censuses and to provide for an ap-
portionment of Representatives in Congress’’, approved 
June 18, 1929 (2 U.S.C. 2a), unless a court requires the 
State to conduct such subsequent redistricting to comply 
with the Constitution of the United States, the Voting 
Rights Act of 1965 (52 U.S.C. 10301 et seq.), the terms 
or conditions of this title, or applicable State law. 
SEC. 5003. CRITERIA FOR REDISTRICTING. 
(a) REQUIRING PLANS TO MEET CRITERIA.—A 
State may not use a congressional redistricting plan en-
acted following the notice of apportionment transmitted 
to the President on April 26, 2021, or any subsequent no-
tice of apportionment, if such plan is not in compliance 
with this section, without regard to whether or not the 
plan was enacted by the State before, on, or after the ef-
fective date of this title. 
(b) RANKED CRITERIA.—Under the redistricting plan 
of a State, there shall be established single-member con-
gressional districts using the following criteria as set forth 
in the following order of priority: 
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388 
(1) Districts shall comply with the United 
States Constitution, including the requirement that 
they substantially equalize total population, without 
regard to age, citizenship status, or immigration sta-
tus. 
(2) Districts shall comply with the Voting 
Rights Act of 1965 (52 U.S.C. 10301 et seq.), in-
cluding by creating any districts where, if based 
upon the totality of the circumstances, 2 or more po-
litically cohesive groups protected by such Act are 
able to elect representatives of choice in coalition 
with one another, and all applicable Federal laws. 
(3)(A) Districts shall be drawn, to the extent 
that the totality of the circumstances warrant, to en-
sure the practical ability of a group protected under 
the Voting Rights Act of 1965 (52 U.S.C. 10301 et 
seq.) to participate in the political process and to 
nominate candidates and to elect representatives of 
choice is not diluted or diminished, regardless of 
whether or not such protected group constitutes a 
majority of a district’s population, voting age popu-
lation, or citizen voting age population. 
(B) For purposes of subparagraph (A), the as-
sessment of whether a protected group has the prac-
tical ability to nominate candidates and to elect rep-
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389 
resentatives of choice shall require the consideration 
of the following factors: 
(i) Whether the group is politically cohe-
sive. 
(ii) Whether there is racially polarized vot-
ing in the relevant geographic region. 
(iii) If there is racially polarized voting in 
the relevant geographic region, whether the pre-
ferred candidates of the group nevertheless re-
ceive a sufficient amount of consistent crossover 
support from other voters such that the group 
is a functional majority with the ability to both 
nominate candidates and elect representatives 
of choice. 
(4)(A) Districts shall be drawn to represent 
communities of interest and neighborhoods to the 
extent practicable after compliance with the require-
ments of paragraphs (1) through (3). A community 
of interest is defined as an area for which the record 
before the entity responsible for developing and 
adopting the redistricting plan demonstrates the ex-
istence of broadly shared interests and representa-
tional needs, including shared interests and rep-
resentational needs rooted in common ethnic, racial, 
economic, Indian, social, cultural, geographic, or his-
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390 
toric identities, or arising from similar socioeconomic 
conditions. The term communities of interest may, if 
the record warrants, include political subdivisions 
such as counties, municipalities, Indian lands, or 
school districts, but shall not include common rela-
tionships with political parties or political can-
didates. 
(B) For purposes of subparagraph (A), in con-
sidering the needs of multiple, overlapping commu-
nities of interest, the entity responsible for devel-
oping and adopting the redistricting plan shall give 
greater weight to those communities of interest 
whose representational needs would most benefit 
from the community’s inclusion in a single congres-
sional district. 
(c) NO FAVORING OR DISFAVORING OF POLITICAL 
PARTIES.— 
(1) PROHIBITION.—A State may not use a re-
districting plan to conduct an election if the plan’s 
congressional districts, when considered cumulatively 
on a statewide basis, have been drawn with the in-
tent or have the effect of materially favoring or 
disfavoring any political party. 
(2) DETERMINATION OF EFFECT.—The deter-
mination of whether a redistricting plan has the ef-
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391 
fect of materially favoring or disfavoring a political 
party shall be based on an evaluation of the totality 
of circumstances which, at a minimum, shall involve 
consideration of each of the following factors: 
(A) Computer modeling based on relevant 
statewide general elections for Federal office 
held over the 8 years preceding the adoption of 
the redistricting plan setting forth the probable 
electoral outcomes for the plan under a range 
of reasonably foreseeable conditions. 
(B) An analysis of whether the redis-
tricting plan is statistically likely to result in 
partisan advantage or disadvantage on a state-
wide basis, the degree of any such advantage or 
disadvantage, and whether such advantage or 
disadvantage is likely to be present under a 
range of reasonably foreseeable electoral condi-
tions. 
(C) A comparison of the modeled electoral 
outcomes for the redistricting plan to the mod-
eled electoral outcomes for alternative plans 
that demonstrably comply with the require-
ments of paragraphs (1), (2), and (3) of sub-
section (b) in order to determine whether rea-
sonable alternatives exist that would result in 
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392 
materially lower levels of partisan advantage or 
disadvantage on a statewide basis. For purposes 
of this subparagraph, alternative plans consid-
ered may include both actual plans proposed 
during the redistricting process and other plans 
prepared for purposes of comparison. 
(D) Any other relevant information, includ-
ing how broad support for the redistricting plan 
was among members of the entity responsible 
for developing and adopting the plan and 
whether the processes leading to the develop-
ment and adoption of the plan were transparent 
and equally open to all members of the entity 
and to the public. 
(3) REBUTTABLE PRESUMPTION.— 
(A) TRIGGER.—In any civil action brought 
under section 5006 in which a party asserts a 
claim that a State has enacted a redistricting 
plan which is in violation of this subsection, a 
party may file a motion not later than 30 days 
after the enactment of the plan (or, in the case 
of a plan enacted before the effective date of 
this Act, not later than 30 days after the effec-
tive date of this Act) requesting that the court 
determine whether a presumption of such a vio-
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393 
lation exists. If such a motion is timely filed, 
the court shall hold a hearing not later than 15 
days after the date the motion is filed to assess 
whether a presumption of such a violation ex-
ists. 
(B) ASSESSMENT.—To conduct the assess-
ment required under subparagraph (A), the 
court shall do the following: 
(i) Determine the number of congres-
sional districts under the plan that would 
have been carried by each political party’s 
candidates for the office of President and 
the office of Senator in the 2 most recent 
general elections for the office of President 
and the 2 most recent general elections for 
the office of Senator (other than special 
general elections) immediately preceding 
the enactment of the plan, except that if a 
State conducts a primary election for the 
office of Senator which is open to can-
didates of all political parties, the primary 
election shall be used instead of the gen-
eral election and the number of districts 
carried by a party’s candidates for the of-
fice of Senator shall be determined on the 
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394 
basis of the combined vote share of all can-
didates in the election who are affiliated 
with such party. 
(ii) Determine, for each of the 4 elec-
tions assessed under clause (i), whether 
the number of districts that would have 
been carried by any party’s candidate as 
determined under clause (i) results in par-
tisan advantage or disadvantage in excess 
of the applicable threshold described in 
subparagraph (C). The degree of partisan 
advantage or disadvantage shall be deter-
mined by one or more standard quan-
titative measures of partisan fairness 
that— 
(I) use a party’s share of the 
statewide vote to calculate a cor-
responding benchmark share of seats; 
and 
(II) measure the amount by 
which the share of seats the party’s 
candidate would have won in the elec-
tion involved exceeds the benchmark 
share of seats. 
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395 
(C) 
APPLICABLE
THRESHOLD
DE-
SCRIBED.—The applicable threshold described 
in this subparagraph is, with respect to a State 
and a number of seats, the greater of— 
(i) an amount equal to 7 percent of 
the number of congressional districts in 
the State; or 
(ii) one congressional district. 
(D) 
DESCRIPTION
OF
QUANTITATIVE 
MEASURES; PROHIBITING ROUNDING.—In car-
rying out this subsection— 
(i) the standard quantitative measures 
of partisan fairness used by the court may 
include the simplified efficiency gap but 
may not include strict proportionality; and 
(ii) the court may not round any num-
ber. 
(E) PRESUMPTION OF VIOLATION.—A plan 
is presumed to violate paragraph (1) if, on the 
basis of at least one standard quantitative 
measure of partisan fairness, it exceeds the ap-
plicable threshold described in subparagraph 
(C) with respect to 2 or more of the 4 elections 
assessed under subparagraph (B). 
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396 
(F) STAY
OF
USE
OF
PLAN.—Notwith-
standing any other provision of this title, in any 
action under this paragraph, the following rules 
shall apply: 
(i) Upon filing of a motion under sub-
paragraph (A), a State’s use of the plan 
which is the subject of the motion shall be 
automatically stayed pending resolution of 
such motion. 
(ii) If after considering the motion, 
the court rules that the plan is presumed 
under subparagraph (E) to violate para-
graph (1), a State may not use such plan 
until and unless the court which is car-
rying out the determination of the effect of 
the plan under paragraph (2) determines 
that, notwithstanding the presumptive vio-
lation, the plan does not violate paragraph 
(1). 
(G) NO
EFFECT
ON
OTHER
ASSESS-
MENTS.—The absence of a presumption of a 
violation with respect to a redistricting plan as 
determined under this paragraph shall not af-
fect the determination of the effect or intent of 
the plan under this section. 
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397 
(4) DETERMINATION OF INTENT.—A court may 
rely on all available evidence when determining 
whether a redistricting plan was drawn with the in-
tent to materially favor or disfavor a political party, 
including evidence of the partisan effects of a plan, 
the degree of support the plan received from mem-
bers of the entity responsible for developing and 
adopting the plan, and whether the processes leading 
to development and adoption of the plan were trans-
parent and equally open to all members of the entity 
and to the public. 
(5) NO
VIOLATION
BASED
ON
CERTAIN
CRI-
TERIA.—No redistricting plan shall be found to be 
in violation of paragraph (1) because of the proper 
application of the criteria set forth in paragraphs 
(1), (2), or (3) of subsection (b), unless one or more 
alternative plans could have complied with such 
paragraphs without having the effect of materially 
favoring or disfavoring a political party. 
(d) FACTORS PROHIBITED FROM CONSIDERATION.— 
In developing the redistricting plan for the State, the 
State may not take into consideration any of the following 
factors, except as necessary to comply with the criteria 
described in paragraphs (1) through (3) of subsection (b), 
to achieve partisan fairness and comply with subsection 
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398 
(b), and to enable the redistricting plan to be measured 
against the external metrics described in section 5004(c): 
(1) The residence of any Member of the House 
of Representatives or candidate. 
(2) The political party affiliation or voting his-
tory of the population of a district. 
(e) ADDITIONAL CRITERIA.—A State may not rely 
upon criteria, districting principles, or other policies of the 
State which are not set forth in this section to justify non- 
compliance with the requirements of this section. 
(f) APPLICABILITY.— 
(1) IN GENERAL.—This section applies to any 
authority, whether appointed, elected, judicial, or 
otherwise, responsible for enacting the congressional 
redistricting plan of a State. 
(2) DATE OF ENACTMENT.—This section ap-
plies to any congressional redistricting plan enacted 
following the notice of apportionment transmitted to 
the President on April 26, 2021, regardless of the 
date of enactment by the State of the congressional 
redistricting plan. 
(g) SEVERABILITY OF CRITERIA.—If any provision of 
this section, or the application of any such provision to 
any person or circumstance, is held to be unconstitutional, 
the remainder of this section, and the application of such 
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399 
provision to any other person or circumstance, shall not 
be affected by the holding. 
SEC. 5004. DEVELOPMENT OF PLAN. 
(a) PUBLIC NOTICE AND INPUT.— 
(1) USE OF OPEN AND TRANSPARENT PROC-
ESS.—The entity responsible for developing and 
adopting the congressional redistricting plan of a 
State shall solicit and take into consideration com-
ments from the public throughout the process of de-
veloping the plan, and shall carry out its duties in 
an open and transparent manner which provides for 
the widest public dissemination reasonably possible 
of its proposed and final redistricting plans. 
(2) WEBSITE.— 
(A) FEATURES.—The entity shall maintain 
a public internet site which is not affiliated with 
or maintained by the office of any elected offi-
cial and which includes the following features: 
(i) All proposed redistricting plans 
and the final redistricting plan, including 
the accompanying written evaluation under 
subsection (c). 
(ii) All comments received from the 
public submitted under paragraph (1). 
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400 
(iii) Access in an easily usable format 
to the demographic and other data used by 
the entity to develop and analyze the pro-
posed redistricting plans, together with any 
reports analyzing and evaluating such 
plans and access to software that members 
of the public may use to draw maps of pro-
posed districts. 
(iv) A method by which members of 
the public may submit comments directly 
to the entity. 
(B) SEARCHABLE
FORMAT.—The entity 
shall ensure that all information posted and 
maintained on the site under this paragraph, 
including information and proposed maps sub-
mitted by the public, shall be maintained in an 
easily searchable format. 
(3) MULTIPLE LANGUAGE REQUIREMENTS FOR 
ALL NOTICES.—The entity responsible for developing 
and adopting the plan shall make each notice which 
is required to be posted and published under this 
section available in any language in which the State 
(or any jurisdiction in the State) is required to pro-
vide election materials under section 203 of the Vot-
ing Rights Act of 1965 (52 U.S.C. 10503). 
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401 
(b) DEVELOPMENT OF PLAN.— 
(1) HEARINGS.—The entity responsible for de-
veloping and adopting the congressional redistricting 
plan shall hold hearings both before and after releas-
ing proposed plans in order to solicit public input on 
the content of such plans. These hearings shall— 
(A) be held in different regions of the 
State and streamed live on the public internet 
site maintained under subsection (a)(2); 
(B) be sufficient in number, scheduled at 
times and places, and noticed and conducted in 
a manner to ensure that all members of the 
public, including members of racial, ethnic, and 
language minorities protected under the Voting 
Rights Act of 1965, have a meaningful oppor-
tunity to attend and provide input both before 
and after the entity releases proposed plans. 
(2) POSTING OF MAPS.—The entity responsible 
for developing and adopting the congressional redis-
tricting plan shall make proposed plans, amend-
ments to proposed plans, and the data needed to 
analyze such plans for compliance with the criteria 
of this title available for public review, including on 
the public internet site required under subsection 
(a)(2), for a period of not less than 5 days before 
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402 
any vote or hearing is held on any such plan or any 
amendment to such a plan. 
(c) RELEASE OF WRITTEN EVALUATION OF PLAN 
AGAINST EXTERNAL METRICS REQUIRED PRIOR
TO 
VOTE.—The entity responsible for developing and adopt-
ing the congressional redistricting plan for a State may 
not hold a vote on a proposed redistricting plan, including 
a vote in a committee, unless at least 48 hours prior to 
holding the vote the State has released a written evalua-
tion that measures each such plan against external metrics 
which cover the criteria set forth in section 5003(b), in-
cluding the impact of the plan on the ability of members 
of a class of citizens protected by the Voting Rights Act 
of 1965 (52 U.S.C. 10301 et seq.) to elect candidates of 
choice, the degree to which the plan preserves or divides 
communities of interest, and any analysis used by the 
State to assess compliance with the requirements of sec-
tion 5003(b) and (c). 
(d) PUBLIC INPUT AND COMMENTS.—The entity re-
sponsible for developing and adopting the congressional 
redistricting plan for a State shall make all public com-
ments received about potential plans, including alternative 
plans, available to the public on the internet site required 
under subsection (a)(2), at no cost, not later than 24 
hours prior to holding a vote on final adoption of a plan. 
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403 
SEC. 5005. FAILURE BY STATE TO ENACT PLAN. 
(a) DEADLINE FOR ENACTMENT OF PLAN.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), each State shall enact a final congres-
sional redistricting plan following transmission of a 
notice of apportionment to the President by the ear-
liest of— 
(A) the deadline set forth in State law, in-
cluding any extension to the deadline provided 
in accordance with State law; 
(B) February 15 of the year in which reg-
ularly scheduled general elections for Federal 
office are held in the State; or 
(C) 90 days before the date of the next 
regularly scheduled primary election for Federal 
office held in the State. 
(2) SPECIAL RULE FOR PLANS ENACTED PRIOR 
TO EFFECTIVE DATE OF TITLE.—If a State enacted 
a final congressional redistricting plan prior to the 
effective date of this title and the plan is not in com-
pliance with the requirements of this title, the State 
shall enact a final redistricting plan which is in com-
pliance with the requirements of this title not later 
than 45 days after the effective date of this title. 
(b) DEVELOPMENT OF PLAN BY COURT IN CASE OF 
MISSED DEADLINE.—If a State has not enacted a final 
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404 
congressional redistricting plan by the applicable deadline 
under subsection (a), or it appears reasonably likely that 
a State will fail to enact a final congressional redistricting 
plan by such deadline— 
(1) any citizen of the State may file an action 
in the United States district court for the applicable 
venue asking the district court to assume jurisdic-
tion; 
(2) the United States district court for the ap-
plicable venue, acting through a 3-judge court con-
vened pursuant to section 2284 of title 28, United 
States Code, shall have the exclusive authority to de-
velop and publish the congressional redistricting 
plan for the State; and 
(3) the final congressional redistricting plan de-
veloped and published by the court under this sec-
tion shall be deemed to be enacted on the date on 
which the court publishes the final congressional re-
districting plan, as described in subsection (e). 
(c) APPLICABLE VENUE.—For purposes of this sec-
tion, the ‘‘applicable venue’’ with respect to a State is the 
District of Columbia or the judicial district in which the 
capital of the State is located, as selected by the first party 
to file with the court sufficient evidence that a State has 
failed to, or is reasonably likely to fail to, enact a final 
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405 
redistricting plan for the State prior to the expiration of 
the applicable deadline set forth in subsection (a). 
(d) PROCEDURES FOR DEVELOPMENT OF PLAN.— 
(1) CRITERIA.—In developing a redistricting 
plan for a State under this section, the court shall 
adhere to the same terms and conditions that ap-
plied (or that would have applied, as the case may 
be) to the development of a plan by the State under 
section 5003. 
(2) ACCESS TO INFORMATION AND RECORDS.— 
The court shall have access to any information, 
data, software, or other records and material that 
was used (or that would have been used, as the case 
may be) by the State in carrying out its duties 
under this title. 
(3) HEARING; PUBLIC PARTICIPATION.—In de-
veloping a redistricting plan for a State, the court 
shall— 
(A) hold one or more evidentiary hearings 
at which interested members of the public may 
appear and be heard and present testimony, in-
cluding expert testimony, in accordance with 
the rules of the court; and 
(B) consider other submissions and com-
ments by the public, including proposals for re-
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406 
districting plans to cover the entire State or 
any portion of the State. 
(4) USE OF SPECIAL MASTER.—To assist in the 
development and publication of a redistricting plan 
for a State under this section, the court may appoint 
a special master to make recommendations to the 
court on possible plans for the State. 
(e) PUBLICATION OF PLAN.— 
(1) PUBLIC AVAILABILITY OF INITIAL PLAN.— 
Upon completing the development of one or more 
initial redistricting plans, the court shall make the 
plans available to the public at no cost, and shall 
also make available the underlying data used to de-
velop the plans and a written evaluation of the plans 
against external metrics (as described in section 
5004(c)). 
(2) PUBLICATION
OF
FINAL
PLAN.—At any 
time after the expiration of the 14-day period which 
begins on the date the court makes the plans avail-
able to the public under paragraph (1), and taking 
into consideration any submissions and comments by 
the public which are received during such period, the 
court shall develop and publish the final redistricting 
plan for the State. 
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407 
(f) USE OF INTERIM PLAN.—In the event that the 
court is not able to develop and publish a final redis-
tricting plan for the State with sufficient time for an up-
coming election to proceed, the court may develop and 
publish an interim redistricting plan which shall serve as 
the redistricting plan for the State until the court develops 
and publishes a final plan in accordance with this section. 
Nothing in this subsection may be construed to limit or 
otherwise affect the authority or discretion of the court 
to develop and publish the final redistricting plan, includ-
ing the discretion to make any changes the court deems 
necessary to an interim redistricting plan. 
(g) APPEALS.—Review on appeal of any final or in-
terim plan adopted by the court in accordance with this 
section shall be governed by the appellate process in sec-
tion 5006. 
(h) STAY OF STATE PROCEEDINGS.—The filing of an 
action under this section shall act as a stay of any pro-
ceedings in State court with respect to the State’s congres-
sional redistricting plan unless otherwise ordered by the 
court. 
SEC. 5006. CIVIL ENFORCEMENT. 
(a) CIVIL ENFORCEMENT.— 
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408 
(1) ACTIONS BY ATTORNEY GENERAL.—The At-
torney General may bring a civil action for such re-
lief as may be appropriate to carry out this title. 
(2) AVAILABILITY OF PRIVATE RIGHT OF AC-
TION.— 
(A) IN GENERAL.—Any person residing or 
domiciled in a State who is aggrieved by the 
failure of the State to meet the requirements of 
the Constitution or Federal law, including this 
title, with respect to the State’s congressional 
redistricting, may bring a civil action in the 
United States district court for the applicable 
venue for such relief as may be appropriate to 
remedy the failure. 
(B) SPECIAL RULE FOR CLAIMS RELATING 
TO
PARTISAN
ADVANTAGE.—For purposes of 
subparagraph (A), a person who is aggrieved by 
the failure of a State to meet the requirements 
of section 5003(c) may include— 
(i) any political party or committee in 
the State; and 
(ii) any registered voter in the State 
who resides in a congressional district that 
the voter alleges was drawn in a manner 
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409 
that contributes to a violation of such sec-
tion. 
(C) NO AWARDING OF DAMAGES TO PRE-
VAILING PARTY.—Except for an award of attor-
ney’s fees under subsection (d), a court in a 
civil action under this section shall not award 
the prevailing party any monetary damages, 
compensatory, punitive, or otherwise. 
(3) DELIVERY OF COMPLAINT TO HOUSE AND 
SENATE.—In any action brought under this section, 
a copy of the complaint shall be delivered promptly 
to the Clerk of the House of Representatives and the 
Secretary of the Senate. 
(4) EXCLUSIVE JURISDICTION AND APPLICABLE 
VENUE.—The district courts of the United States 
shall have exclusive jurisdiction to hear and deter-
mine claims asserting that a congressional redis-
tricting plan violates the requirements of the Con-
stitution or Federal law, including this title. The ap-
plicable venue for such an action shall be the United 
States District Court for the District of Columbia or 
for the judicial district in which the capital of the 
State is located, as selected by the person bringing 
the action. In a civil action that includes a claim 
that a redistricting plan is in violation of subsection 
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410 
(b) or (c) of section 5003, the United States District 
Court for the District of Columbia shall have juris-
diction over any defendant who has been served in 
any United States judicial district in which the de-
fendant resides, is found, or has an agent, or in the 
United States judicial district in which the capital of 
the State is located. Process may be served in any 
United States judicial district where a defendant re-
sides, is found, or has an agent, or in the United 
States judicial district in which the capital of the 
State is located. 
(5) USE
OF
3-JUDGE
COURT.—If an action 
under this section raises statewide claims under the 
Constitution or this title, the action shall be heard 
by a 3-judge court convened pursuant to section 
2284 of title 28, United States Code. 
(6) REVIEW OF FINAL DECISION.—A final deci-
sion in an action brought under this section shall be 
reviewable on appeal by the United States Court of 
Appeals for the District of Columbia Circuit, which 
shall hear the matter sitting en banc. There shall be 
no right of appeal in such proceedings to any other 
court of appeals. Such appeal shall be taken by the 
filing of a notice of appeal within 10 days of the 
entry of the final decision. A final decision by the 
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411 
Court of Appeals may be reviewed by the Supreme 
Court of the United States by writ of certiorari. 
(b) EXPEDITED CONSIDERATION.—In any action 
brought under this section, it shall be the duty of the dis-
trict court, the United States Court of Appeals for the 
District of Columbia Circuit, and the Supreme Court of 
the United States (if it chooses to hear the action) to ad-
vance on the docket and to expedite to the greatest pos-
sible extent the disposition of the action and appeal. 
(c) REMEDIES.— 
(1) ADOPTION OF REPLACEMENT PLAN.— 
(A) IN GENERAL.—If the district court in 
an action under this section finds that the con-
gressional redistricting plan of a State violates, 
in whole or in part, the requirements of this 
title— 
(i) the court shall adopt a replacement 
congressional redistricting plan for the 
State in accordance with the process set 
forth in section 5005; or 
(ii) if circumstances warrant and no 
delay to an upcoming regularly scheduled 
election for the House of Representatives 
in the State would result, the district 
court, in its discretion, may allow a State 
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412 
to develop and propose a remedial congres-
sional redistricting plan for review by the 
court to determine whether the plan is in 
compliance with this title, except that— 
(I) the State may not develop 
and propose a remedial plan under 
this clause if the court determines 
that the congressional redistricting 
plan of the State was enacted with 
discriminatory intent in violation of 
the Constitution or section 5003(b); 
and 
(II) nothing in this clause may be 
construed to permit a State to use 
such a remedial plan which has not 
been approved by the court. 
(B) PROHIBITING USE OF PLANS IN VIOLA-
TION OF REQUIREMENTS.—No court shall order 
a State to use a congressional redistricting plan 
which violates, in whole or in part, the require-
ments of this title, or to conduct an election 
under terms and conditions which violate, in 
whole or in part, the requirements of this title. 
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413 
(C) SPECIAL RULE IN CASE FINAL ADJU-
DICATION NOT EXPECTED WITHIN 3 MONTHS 
OF ELECTION.— 
(i) DUTY OF COURT.—If final adju-
dication of an action under this section is 
not reasonably expected to be completed at 
least 3 months prior to the next regularly 
scheduled primary election for the House 
of Representatives in the State, the district 
court shall— 
(I) develop, adopt, and order the 
use of an interim congressional redis-
tricting plan in accordance with sec-
tion 5005(f) to address any claims 
under this title for which a party 
seeking relief has demonstrated a sub-
stantial likelihood of success; or 
(II) order adjustments to the 
timing of primary elections for the 
House of Representatives and other 
related deadlines, as needed, to allow 
sufficient opportunity for adjudication 
of the matter and adoption of a reme-
dial or replacement plan for use in the 
next regularly scheduled general elec-
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414 
tions for the House of Representa-
tives. 
(ii) PROHIBITING FAILURE TO ACT ON 
GROUNDS OF PENDENCY OF ELECTION.— 
The court may not refuse to take any ac-
tion described in clause (i) on the grounds 
of the pendency of the next election held in 
the State or the potential for disruption, 
confusion, or additional burdens with re-
spect to the administration of the election 
in the State. 
(2) NO
STAY
PENDING
APPEAL.—Notwith-
standing the appeal of an order finding that a con-
gressional redistricting plan of a State violates, in 
whole or in part, the requirements of this title, no 
stay shall issue which shall bar the development or 
adoption of a replacement or remedial plan under 
this subsection, as may be directed by the district 
court, pending such appeal. If such a replacement or 
remedial plan has been adopted, no appellate court 
may stay or otherwise enjoin the use of such plan 
during the pendency of an appeal, except upon an 
order holding, based on the record, that adoption of 
such plan was an abuse of discretion. 
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415 
(3) SPECIAL
AUTHORITY
OF
COURT
OF
AP-
PEALS.— 
(A) 
ORDERING
OF
NEW
REMEDIAL 
PLAN.—If, upon consideration of an appeal 
under this title, the Court of Appeals deter-
mines that a plan does not comply with the re-
quirements of this title, it shall direct that the 
District Court promptly develop a new remedial 
plan with assistance of a special master for con-
sideration by the Court of Appeals. 
(B) FAILURE
OF
DISTRICT
COURT
TO 
TAKE TIMELY ACTION.—If, at any point during 
the pendency of an action under this section, 
the District Court fails to take action necessary 
to permit resolution of the case prior to the 
next regularly scheduled election for the House 
of Representatives in the State or fails to grant 
the relief described in paragraph (1)(C), any 
party may seek a writ of mandamus from the 
Court of Appeals for the District of Columbia 
Circuit. The Court of Appeals shall have juris-
diction over the motion for a writ of mandamus 
and shall establish an expedited briefing and 
hearing schedule for resolution of the motion. If 
the Court of Appeals determines that a writ 
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416 
should be granted, the Court of Appeals shall 
take any action necessary, including developing 
a congressional redistricting plan with assist-
ance of a special master to ensure that a reme-
dial plan is adopted in time for use in the next 
regularly scheduled election for the House of 
Representatives in the State. 
(4) EFFECT OF ENACTMENT OF REPLACEMENT 
PLAN.—A State’s enactment of a redistricting plan 
which replaces a plan which is the subject of an ac-
tion under this section shall not be construed to 
limit or otherwise affect the authority of the court 
to adjudicate or grant relief with respect to any 
claims or issues not addressed by the replacement 
plan, including claims that the plan which is the 
subject of the action was enacted, in whole or in 
part, with discriminatory intent, or claims to con-
sider whether relief should be granted under section 
3(c) of the Voting Rights Act of 1965 (52 U.S.C. 
10302(c)) based on the plan which is the subject of 
the action. 
(d) ATTORNEY’S FEES.—In a civil action under this 
section, the court may allow the prevailing party (other 
than the United States) reasonable attorney fees, includ-
ing litigation expenses, and costs. 
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417 
(e) RELATION TO OTHER LAWS.— 
(1) RIGHTS
AND
REMEDIES
ADDITIONAL
TO 
OTHER
RIGHTS
AND
REMEDIES.—The rights and 
remedies established by this section are in addition 
to all other rights and remedies provided by law, and 
neither the rights and remedies established by this 
section nor any other provision of this title shall su-
persede, restrict, or limit the application of the Vot-
ing Rights Act of 1965 (52 U.S.C. 10301 et seq.). 
(2) VOTING RIGHTS ACT OF 1965.—Nothing in 
this title authorizes or requires conduct that is pro-
hibited by the Voting Rights Act of 1965 (52 U.S.C. 
10301 et seq.). 
(f) LEGISLATIVE PRIVILEGE.—No person, legisla-
ture, or State may claim legislative privilege under either 
State or Federal law in a civil action brought under this 
section or in any other legal challenge, under either State 
or Federal law, to a redistricting plan enacted under this 
title. 
(g) REMOVAL.— 
(1) IN GENERAL.—At any time, a civil action 
brought in a State court which asserts a claim for 
which the district courts of the United States have 
exclusive jurisdiction under this title may be re-
moved by any party in the case, including an inter-
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418 
venor, by filing, in the district court for an applica-
ble venue under this section, a notice of removal 
signed pursuant to Rule 11 of the Federal Rules of 
Civil Procedure containing a short and plain state-
ment of the grounds for removal. Consent of parties 
shall not be required for removal. 
(2) CLAIMS
NOT
WITHIN
THE
ORIGINAL
OR 
SUPPLEMENTAL JURISDICTION.—If a civil action re-
moved in accordance with paragraph (1) contains 
claims not within the original or supplemental juris-
diction of the district court, the district court shall 
sever all such claims and remand them to the State 
court from which the action was removed. 
SEC. 5007. NO EFFECT ON ELECTIONS FOR STATE AND 
LOCAL OFFICE. 
Nothing in this title or in any amendment made by 
this title may be construed to affect the manner in which 
a State carries out elections for State or local office, in-
cluding the process by which a State establishes the dis-
tricts used in such elections. 
SEC. 5008. EFFECTIVE DATE. 
(a) IN GENERAL.—This title and the amendments 
made by this title shall apply on the date of enactment 
of this title. 
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419 
(b) 
APPLICATION
TO
CONGRESSIONAL
REDIS-
TRICTING PLANS RESULTING FROM 2020 DECENNIAL 
CENSUS.—Notwithstanding subsection (a), this title and 
the amendments made by this title, other than section 
5004, shall apply with respect to each congressional redis-
tricting plan enacted pursuant to the notice of apportion-
ment transmitted to the President on April 26, 2021, 
without regard to whether or not a State enacted such 
a plan prior to the date of the enactment of this Act. 
TITLE VI—CAMPAIGN FINANCE 
TRANSPARENCY 
Subtitle A—DISCLOSE Act 
SEC. 6001. SHORT TITLE. 
This subtitle may be cited as the ‘‘Democracy Is 
Strengthened by Casting Light On Spending in Elections 
Act of 2023’’ or the ‘‘DISCLOSE Act of 2023’’. 
SEC. 6002. FINDINGS. 
Congress finds the following: 
(1) Campaign finance disclosure is a narrowly 
tailored and minimally restrictive means to advance 
substantial government interests, including fostering 
an informed electorate capable of engaging in self- 
government and holding their elected officials ac-
countable, detecting and deterring quid pro quo cor-
ruption, and identifying information necessary to en-
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420 
force other campaign finance laws, including cam-
paign contribution limits and the prohibition on for-
eign money in U.S. campaigns. To further these 
substantial interests, campaign finance disclosure 
must be timely and complete, and must disclose the 
true and original source of money given, transferred, 
and spent to influence Federal elections. Current law 
does not meet this objective because corporations 
and other entities that the Supreme Court has per-
mitted to spend money to influence Federal elections 
are subject to few if any transparency requirements. 
(2) As the Supreme Court recognized in its per 
curiam opinion in Buckley v. Valeo, 424 U.S. 1, 
(1976), ‘‘disclosure requirements certainly in most 
applications appear to be the least restrictive means 
of curbing the evils of campaign ignorance and cor-
ruption that Congress found to exist’’. Buckley, 424 
U.S. at 68. In Citizens United v. FEC, the Court re-
iterated that ‘‘disclosure is a less restrictive alter-
native to more comprehensive regulations of speech’’. 
558 U.S. 310, 369 (2010). 
(3) No subsequent decision has called these 
holdings into question, including the Court’s decision 
in Americans for Prosperity Foundation v. Bonta, 
141 S. Ct. 2373 (2021). That case did not involve 
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421 
campaign finance disclosure, and the Court did not 
overturn its longstanding recognition of the substan-
tial interests furthered by such disclosure. 
(4) Campaign finance disclosure is also essen-
tial to enforce the Federal Election Campaign Act’s 
prohibition on contributions by and solicitations of 
foreign nationals. See section 319 of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30121). 
(5) Congress should close loopholes allowing 
spending by foreign nationals in domestic elections. 
For example, in 2021, the Federal Election Commis-
sion, the independent Federal agency charged with 
protecting the integrity of the Federal campaign fi-
nance process, found reason to believe and concil-
iated a matter where an experienced political con-
sultant knowingly and willfully violated Federal law 
by soliciting a contribution from a foreign national 
by offering to transmit a $2,000,000 contribution to 
a super PAC through his company and two 
501(c)(4) organizations, to conceal the origin of the 
funds. This scheme was only unveiled after appear-
ing in a The Telegraph UK article and video cap-
turing the solicitation. See Conciliation Agreement, 
MURs 7165 & 7196 (Great America PAC, et al.), 
date June 28, 2021; Factual and Legal Analysis, 
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422 
MURs 7165 & 7196 (Jesse Benton), dated Mar. 2, 
2021. 
PART 
1—CLOSING 
LOOPHOLES 
ALLOWING 
SPENDING BY FOREIGN NATIONALS IN ELEC-
TIONS 
SEC. 6003. CLARIFICATION OF APPLICATION OF FOREIGN 
MONEY BAN TO CERTAIN DISBURSEMENTS 
AND ACTIVITIES. 
Section 319(b) of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30121(b)) is amended— 
(1) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively, and by 
moving such subparagraphs 2 ems to the right; 
(2) by striking ‘‘As used in this section, the 
term’’ and inserting the following: ‘‘DEFINITIONS.— 
For purposes of this section— 
‘‘(1) FOREIGN NATIONAL.—The term’’; 
(3) by moving paragraphs (1) and (2) two ems 
to the right and redesignating them as subpara-
graphs (A) and (B), respectively; and 
(4) by adding at the end the following new 
paragraph: 
‘‘(2) CONTRIBUTION AND DONATION.—For pur-
poses of paragraphs (1) and (2) of subsection (a), 
the term ‘contribution or donation’ includes any dis-
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423 
bursement to a political committee which accepts do-
nations or contributions that do not comply with any 
of the limitations, prohibitions, and reporting re-
quirements of this Act (or any disbursement to or on 
behalf of any account of a political committee which 
is established for the purpose of accepting such do-
nations or contributions), or to any other person for 
the purpose of funding an expenditure, independent 
expenditure, or electioneering communication (as de-
fined in section 304(f)(3)).’’. 
SEC. 6004. STUDY AND REPORT ON ILLICIT FOREIGN 
MONEY IN FEDERAL ELECTIONS. 
(a) STUDY.—For each 4-year election cycle (begin-
ning with the 4-year election cycle ending in 2020), the 
Comptroller General shall conduct a study on the inci-
dence of illicit foreign money in all elections for Federal 
office held during the preceding 4-year election cycle, in-
cluding what information is known about the presence of 
such money in elections for Federal office. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than the applicable 
date with respect to any 4-year election cycle, the 
Comptroller General shall submit to the appropriate 
congressional committees a report on the study con-
ducted under subsection (a). 
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424 
(2) MATTERS
INCLUDED.—The report sub-
mitted under paragraph (1) shall include a descrip-
tion of the extent to which illicit foreign money was 
used to target particular groups, including rural 
communities, African-American and other minority 
communities, and military and veteran communities, 
based on such targeting information as is available 
and accessible to the Comptroller General. 
(3) APPLICABLE DATE.—For purposes of para-
graph (1), the term ‘‘applicable date’’ means— 
(A) in the case of the 4-year election cycle 
ending in 2020, the date that is 1 year after 
the date of the enactment of this Act; and 
(B) in the case of any other 4-year election 
cycle, the date that is 1 year after the date on 
which such 4-year election cycle ends. 
(c) DEFINITIONS.—As used in this section: 
(1) 4-YEAR ELECTION CYCLE.—The term ‘‘4- 
year election cycle’’ means the 4-year period ending 
on the date of the general election for the offices of 
President and Vice President. 
(2) ILLICIT FOREIGN MONEY.—The term ‘‘illicit 
foreign money’’ means any contribution, donation, 
expenditure, or disbursement by a foreign national 
(as defined in section 319(b) of the Federal Election 
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425 
Campaign Act of 1971 (52 U.S.C. 30121(b))) pro-
hibited under such section. 
(3) ELECTION; FEDERAL OFFICE.—The terms 
‘‘election’’ and ‘‘Federal office’’ have the meanings 
given such terms under section 301 of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30101). 
(4) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on House Administra-
tion of the House of Representatives; 
(B) the Committee on Rules and Adminis-
tration of the Senate; 
(C) the Committee on the Judiciary of the 
House of Representatives; and 
(D) the Committee on the Judiciary of the 
Senate. 
(d) SUNSET.—This section shall not apply to any 4- 
year election cycle beginning after the election for the of-
fices of President and Vice President in 2032. 
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426 
SEC. 6005. PROHIBITION ON CONTRIBUTIONS AND DONA-
TIONS BY FOREIGN NATIONALS IN CONNEC-
TION 
WITH 
BALLOT 
INITIATIVES 
AND 
REFERENDA. 
(a) IN GENERAL.—Section 319(b) of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30121(b)), as 
amended by section 6003, is amended by adding at the 
end the following new paragraph: 
‘‘(3) FEDERAL, STATE, OR LOCAL ELECTION.— 
The term ‘Federal, State, or local election’ includes 
a State or local ballot initiative or referendum, but 
only in the case of— 
‘‘(A) a covered foreign national described 
in section 304(j)(3)(C); or 
‘‘(B) a foreign principal described in sec-
tion 1(b)(2) or 1(b)(3) of the Foreign Agent 
Registration Act of 1938, as amended (22 
U.S.C. 611(b)(2) or (b)(3)) or an agent of such 
a foreign principal under such Act.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply with respect to elections held in 
2024 or any succeeding year. 
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427 
SEC. 6006. DISBURSEMENTS AND ACTIVITIES SUBJECT TO 
FOREIGN MONEY BAN. 
(a) 
DISBURSEMENTS
DESCRIBED.—Section 
319(a)(1) of the Federal Election Campaign Act of 1971 
(52 U.S.C. 30121(a)(1)) is amended— 
(1) by striking ‘‘or’’ at the end of subparagraph 
(B); and 
(2) by striking subparagraph (C) and inserting 
the following: 
‘‘(C) an expenditure; 
‘‘(D) an independent expenditure; 
‘‘(E) a disbursement for an electioneering 
communication (within the meaning of section 
304(f)(3)); 
‘‘(F) a disbursement for a communication 
which is placed or promoted for a fee on a 
website, web application, or digital application 
that refers to a clearly identified candidate for 
election for Federal office and is disseminated 
within 60 days before a general, special or run-
off election for the office sought by the can-
didate or 30 days before a primary or pref-
erence election, or a convention or caucus of a 
political party that has authority to nominate a 
candidate for the office sought by the can-
didate; 
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428 
‘‘(G) a disbursement by a covered foreign 
national described in section 304(j)(3)(C) for a 
broadcast, cable or satellite communication, or 
for a communication which is placed or pro-
moted for a fee on a website, web application, 
or digital application, that promotes, supports, 
attacks or opposes the election of a clearly iden-
tified candidate for Federal, State, or local of-
fice (regardless of whether the communication 
contains express advocacy or the functional 
equivalent of express advocacy); 
‘‘(H) a disbursement for a broadcast, 
cable, or satellite communication, or for any 
communication which is placed or promoted for 
a fee on an online platform (as defined in sec-
tion 304(k)(3)), that discusses a national legis-
lative issue of public importance in a year in 
which a regularly scheduled general election for 
Federal office is held, but only if the disburse-
ment is made by a covered foreign national de-
scribed in section 304(j)(3)(C); 
‘‘(I) a disbursement by a covered foreign 
national described in section 304(j)(3)(C) to 
compensate any person for internet activity that 
promotes, supports, attacks or opposes the elec-
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429 
tion of a clearly identified candidate for Fed-
eral, State, or local office (regardless of whether 
the activity contains express advocacy or the 
functional equivalent of express advocacy); or 
‘‘(J) a disbursement by a covered foreign 
national described in section 304(j)(3)(C) for a 
Federal judicial nomination communication (as 
defined in section 324(g)(2));’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to disbursements 
made on or after the date of the enactment of this Act. 
SEC. 6007. PROHIBITING ESTABLISHMENT OF CORPORA-
TION TO CONCEAL ELECTION CONTRIBU-
TIONS AND DONATIONS BY FOREIGN NATION-
ALS. 
(a) PROHIBITION.—Chapter 29 of title 18, United 
States Code, as amended by section 2001(a), is amended 
by adding at the end the following: 
‘‘§ 613. Establishment of corporation to conceal elec-
tion contributions and donations by for-
eign nationals 
‘‘(a) OFFENSE.—It shall be unlawful for an owner, 
officer, attorney, or incorporation agent of a corporation, 
company, or other entity to establish or use the corpora-
tion, company, or other entity with the intent to conceal 
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430 
an activity of a foreign national (as defined in section 319 
of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30121)) prohibited under such section 319. 
‘‘(b) PENALTY.—Any person who violates subsection 
(a) shall be imprisoned for not more than 5 years, fined 
under this title, or both.’’. 
(b) TABLE OF SECTIONS.—The table of sections for 
chapter 29 of title 18, United States Code, as amended 
by section 2001(b), is amended by inserting after the item 
relating to section 612 the following: 
‘‘613. Establishment of corporation to conceal election contributions and dona-
tions by foreign nationals.’’. 
PART 2—REPORTING OF CAMPAIGN-RELATED 
DISBURSEMENTS 
SEC. 6011. REPORTING OF CAMPAIGN-RELATED DISBURSE-
MENTS. 
(a) IN GENERAL.—Section 324 of the Federal Elec-
tion Campaign Act of 1971 (52 U.S.C. 30126) is amended 
to read as follows: 
‘‘SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSE-
MENTS BY COVERED ORGANIZATIONS. 
‘‘(a) DISCLOSURE STATEMENT.— 
‘‘(1) IN GENERAL.—Any covered organization 
that makes campaign-related disbursements aggre-
gating more than $10,000 in an election reporting 
cycle shall, not later than 24 hours after each disclo-
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sure date, file a statement with the Commission 
made under penalty of perjury that contains the in-
formation described in paragraph (2)— 
‘‘(A) in the case of the first statement filed 
under this subsection, for the period beginning 
on the first day of the election reporting cycle 
(or, if earlier, the period beginning one year be-
fore the first such disclosure date) and ending 
on the first such disclosure date; and 
‘‘(B) in the case of any subsequent state-
ment filed under this subsection, for the period 
beginning on the previous disclosure date and 
ending on such disclosure date. 
‘‘(2) INFORMATION DESCRIBED.—The informa-
tion described in this paragraph is as follows: 
‘‘(A) The name of the covered organization 
and the principal place of business of such or-
ganization and, in the case of a covered organi-
zation that is a corporation (other than a busi-
ness concern that is an issuer of a class of secu-
rities registered under section 12 of the Securi-
ties Exchange Act of 1934 (15 U.S.C. 78l) or 
that is required to file reports under section 
15(d) of that Act (15 U.S.C. 78o(d))) or an en-
tity described in subsection (e)(2), a list of the 
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beneficial owners (as defined in paragraph 
(4)(A)) of the entity that— 
‘‘(i) identifies each beneficial owner by 
name and current residential or business 
street address; and 
‘‘(ii) if any beneficial owner exercises 
control over the entity through another 
legal entity, such as a corporation, partner-
ship, limited liability company, or trust, 
identifies each such other legal entity and 
each such beneficial owner who will use 
that other entity to exercise control over 
the entity. 
‘‘(B) The amount of each campaign-related 
disbursement made by such organization during 
the period covered by the statement of more 
than $1,000, and the name and address of the 
person to whom the disbursement was made. 
‘‘(C) In the case of a campaign-related dis-
bursement that is not a covered transfer, the 
election to which the campaign-related disburse-
ment pertains and if the disbursement is made 
for a public communication, the name of any 
candidate identified in such communication and 
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if such communication is in support of or in op-
position to the identified candidate. 
‘‘(D) A certification by the chief executive 
officer or person who is the head of the covered 
organization that the campaign-related dis-
bursement is not made in cooperation, consulta-
tion, or concert with or at the request or sug-
gestion of a candidate, authorized committee, or 
agent of a candidate, political party, or agent of 
a political party. 
‘‘(E)(i) If the covered organization makes 
campaign-related disbursements using exclu-
sively funds in a campaign-related disbursement 
segregated fund, for each payment made to the 
account by a person other than the covered or-
ganization— 
‘‘(I) the name and address of each 
person who made such payment to the ac-
count during the period covered by the 
statement; 
‘‘(II) the date and amount of such 
payment; and 
‘‘(III) the aggregate amount of all 
such payments made by the person during 
the period beginning on the first day of the 
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election reporting cycle (or, if earlier, the 
period beginning one year before the dis-
closure date) and ending on the disclosure 
date, 
but only if such payment was made by a person 
who made payments to the account in an aggre-
gate amount of $10,000 or more during the pe-
riod beginning on the first day of the election 
reporting cycle (or, if earlier, the period begin-
ning one year before the disclosure date) and 
ending on the disclosure date. 
‘‘(ii) In any calendar year after 2024, sec-
tion 315(c)(1)(B) shall apply to the amount de-
scribed in clause (i) in the same manner as 
such section applies to the limitations estab-
lished under subsections (a)(1)(A), (a)(1)(B), 
(a)(3), and (h) of such section, except that for 
purposes of applying such section to the 
amounts described in subsection (b), the ‘base 
period’ shall be calendar year 2024. 
‘‘(F)(i) If the covered organization makes 
campaign-related disbursements using funds 
other than funds in a campaign-related dis-
bursement segregated fund, for each payment 
to the covered organization— 
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‘‘(I) the name and address of each 
person who made such payment during the 
period covered by the statement; 
‘‘(II) the date and amount of such 
payment; and 
‘‘(III) the aggregate amount of all 
such payments made by the person during 
the period beginning on the first day of the 
election reporting cycle (or, if earlier, the 
period beginning one year before the dis-
closure date) and ending on the disclosure 
date, 
but only if such payment was made by a person 
who made payments to the covered organization 
in an aggregate amount of $10,000 or more 
during the period beginning on the first day of 
the election reporting cycle (or, if earlier, the 
period beginning one year before the disclosure 
date) and ending on the disclosure date. 
‘‘(ii) In any calendar year after 2024, sec-
tion 315(c)(1)(B) shall apply to the amount de-
scribed in clause (i) in the same manner as 
such section applies to the limitations estab-
lished under subsections (a)(1)(A), (a)(1)(B), 
(a)(3), and (h) of such section, except that for 
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purposes of applying such section to the 
amounts described in subsection (b), the ‘base 
period’ shall be calendar year 2024. 
‘‘(G) Such other information as required in 
rules established by the Commission to promote 
the purposes of this section. 
‘‘(3) EXCEPTIONS.— 
‘‘(A) AMOUNTS
RECEIVED
IN
ORDINARY 
COURSE OF BUSINESS.—The requirement to in-
clude in a statement filed under paragraph (1) 
the information described in paragraph (2) 
shall not apply to amounts received by the cov-
ered organization in commercial transactions in 
the ordinary course of any trade or business 
conducted by the covered organization or in the 
form of investments (other than investments by 
the principal shareholder in a limited liability 
corporation) in the covered organization. For 
purposes of this subparagraph, amounts re-
ceived by a covered organization as remittances 
from an employee to the employee’s collective 
bargaining representative shall be treated as 
amounts received in commercial transactions in 
the ordinary course of the business conducted 
by the covered organization. 
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‘‘(B) DONOR
RESTRICTION
ON
USE
OF 
FUNDS.—The requirement to include in a state-
ment submitted under paragraph (1) the infor-
mation described in subparagraph (F) of para-
graph (2) shall not apply if— 
‘‘(i) the person described in such sub-
paragraph prohibited, in writing, the use of 
the payment made by such person for cam-
paign-related disbursements; and 
‘‘(ii) the covered organization agreed 
to follow the prohibition and deposited the 
payment in an account which is segregated 
from a campaign-related disbursement seg-
regated fund and any other account used 
to make campaign-related disbursements. 
‘‘(C) THREAT
OF
HARASSMENT
OR
RE-
PRISAL.—The requirement to include any infor-
mation relating to the name or address of any 
person (other than a candidate) in a statement 
submitted under paragraph (1) shall not apply 
if the inclusion of the information would subject 
the person to serious threats, harassment, or 
reprisals. 
‘‘(4) OTHER
DEFINITIONS.—For purposes of 
this section: 
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‘‘(A) BENEFICIAL OWNER DEFINED.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the term ‘beneficial 
owner’ means, with respect to any entity, 
a natural person who, directly or indi-
rectly— 
‘‘(I) exercises substantial control 
over an entity through ownership, vot-
ing rights, agreement, or otherwise; or 
‘‘(II) has a substantial interest in 
or receives substantial economic bene-
fits from the assets of an entity. 
‘‘(ii) EXCEPTIONS.—The term ‘bene-
ficial owner’ shall not include— 
‘‘(I) a minor child; 
‘‘(II) a person acting as a nomi-
nee, intermediary, custodian, or agent 
on behalf of another person; 
‘‘(III) a person acting solely as 
an employee of an entity and whose 
control over or economic benefits from 
the entity derives solely from the em-
ployment status of the person; 
‘‘(IV) a person whose only inter-
est in an entity is through a right of 
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inheritance, unless the person also 
meets the requirements of clause (i); 
or 
‘‘(V) a creditor of an entity, un-
less the creditor also meets the re-
quirements of clause (i). 
‘‘(iii) ANTI-ABUSE RULE.—The excep-
tions under clause (ii) shall not apply if 
used for the purpose of evading, circum-
venting, or abusing the provisions of clause 
(i) or paragraph (2)(A). 
‘‘(B) CAMPAIGN-RELATED DISBURSEMENT 
SEGREGATED FUND.—The term ‘campaign-re-
lated disbursement segregated fund’ means a 
segregated bank account consisting of funds 
that were paid directly to such account by per-
sons other than the covered organization that 
controls the account. 
‘‘(C) DISCLOSURE DATE.—The term ‘dis-
closure date’ means— 
‘‘(i) the first date during any election 
reporting cycle by which a person has 
made campaign-related disbursements ag-
gregating more than $10,000; and 
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‘‘(ii) any other date during such elec-
tion reporting cycle by which a person has 
made campaign-related disbursements ag-
gregating more than $10,000 since the 
most recent disclosure date for such elec-
tion reporting cycle. 
‘‘(D) ELECTION REPORTING CYCLE.—The 
term ‘election reporting cycle’ means the 2-year 
period beginning on the date of the most recent 
general election for Federal office. 
‘‘(E) PAYMENT.—The term ‘payment’ in-
cludes any contribution, donation, transfer, pay-
ment of dues, or other payment. 
‘‘(b) COORDINATION WITH OTHER PROVISIONS.—In-
formation included in a statement filed under this section 
may be excluded from statements and reports filed under 
section 304. 
‘‘(c) FILING.—Statements required to be filed under 
subsection (a) shall be subject to the requirements of sec-
tion 304(d) to the same extent and in the same manner 
as if such reports had been required under subsection (c) 
or (g) of section 304. 
‘‘(d) 
CAMPAIGN-RELATED
DISBURSEMENT
DE-
FINED.— 
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‘‘(1) IN GENERAL.—In this section, the term 
‘campaign-related disbursement’ means a disburse-
ment by a covered organization for any of the fol-
lowing: 
‘‘(A) An independent expenditure which ex-
pressly advocates the election or defeat of a 
clearly identified candidate for election for Fed-
eral office, or is the functional equivalent of ex-
press advocacy because, when taken as a whole, 
it can be interpreted by a reasonable person 
only as advocating the election or defeat of a 
candidate for election for Federal office. 
‘‘(B) An applicable public communication. 
‘‘(C) An electioneering communication, as 
defined in section 304(f)(3). 
‘‘(D) A covered transfer. 
‘‘(2) APPLICABLE PUBLIC COMMUNICATIONS.— 
‘‘(A) IN GENERAL.—The term ‘applicable 
public communication’ means any public com-
munication that refers to a clearly identified 
candidate for election for Federal office and 
which promotes or supports the election of a 
candidate for that office, or attacks or opposes 
the election of a candidate for that office, with-
out regard to whether the communication ex-
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442 
pressly advocates a vote for or against a can-
didate for that office. 
‘‘(B) EXCEPTION.—Such term shall not in-
clude any news story, commentary, or editorial 
distributed through the facilities of any broad-
casting station or any print, online, or digital 
newspaper, magazine, publication, or periodical, 
unless such facilities are owned or controlled by 
any political party, political committee, or can-
didate. 
‘‘(e) COVERED ORGANIZATION DEFINED.—In this 
section, the term ‘covered organization’ means any of the 
following: 
‘‘(1) A corporation (other than an organization 
described in section 501(c)(3) of the Internal Rev-
enue Code of 1986). 
‘‘(2) A limited liability corporation that is not 
otherwise treated as a corporation for purposes of 
this Act (other than an organization described in 
section 501(c)(3) of the Internal Revenue Code of 
1986). 
‘‘(3) An organization described in section 
501(c) of such Code and exempt from taxation 
under section 501(a) of such Code (other than an 
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443 
organization described in section 501(c)(3) of such 
Code). 
‘‘(4) A labor organization (as defined in section 
316(b)). 
‘‘(5) Any political organization under section 
527 of the Internal Revenue Code of 1986, other 
than a political committee under this Act (except as 
provided in paragraph (6)). 
‘‘(6) A political committee with an account that 
accepts donations or contributions that do not com-
ply with the contribution limits or source prohibi-
tions under this Act, but only with respect to such 
accounts. 
‘‘(f) COVERED TRANSFER DEFINED.— 
‘‘(1) IN GENERAL.—In this section, the term 
‘covered transfer’ means any transfer or payment of 
funds by a covered organization to another person if 
the covered organization— 
‘‘(A) designates, requests, or suggests that 
the amounts be used for— 
‘‘(i) campaign-related disbursements 
(other than covered transfers); or 
‘‘(ii) making a transfer to another 
person for the purpose of making or pay-
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ing for such campaign-related disburse-
ments; 
‘‘(B) made such transfer or payment in re-
sponse to a solicitation or other request for a 
donation or payment for— 
‘‘(i) the making of or paying for cam-
paign-related disbursements (other than 
covered transfers); or 
‘‘(ii) making a transfer to another 
person for the purpose of making or pay-
ing for such campaign-related disburse-
ments; 
‘‘(C) engaged in discussions with the re-
cipient of the transfer or payment regarding— 
‘‘(i) the making of or paying for cam-
paign-related disbursements (other than 
covered transfers); or 
‘‘(ii) donating or transferring any 
amount of such transfer or payment to an-
other person for the purpose of making or 
paying for such campaign-related disburse-
ments; or 
‘‘(D) knew or had reason to know that the 
person receiving the transfer or payment would 
make campaign-related disbursements in an ag-
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gregate amount of $50,000 or more during the 
2-year period beginning on the date of the 
transfer or payment. 
‘‘(2) EXCLUSIONS.—The term ‘covered transfer’ 
does not include any of the following: 
‘‘(A) A disbursement made by a covered 
organization in a commercial transaction in the 
ordinary course of any trade or business con-
ducted by the covered organization or in the 
form of investments made by the covered orga-
nization. 
‘‘(B) A disbursement made by a covered 
organization if— 
‘‘(i) the covered organization prohib-
ited, in writing, the use of such disburse-
ment for campaign-related disbursements; 
and 
‘‘(ii) the recipient of the disbursement 
agreed to follow the prohibition and depos-
ited the disbursement in an account which 
is segregated from a campaign-related dis-
bursement segregated fund and any other 
account used to make campaign-related 
disbursements. 
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‘‘(3) SPECIAL
RULE
REGARDING
TRANSFERS 
AMONG AFFILIATES.— 
‘‘(A) SPECIAL
RULE.—A transfer of an 
amount by one covered organization to another 
covered organization which is treated as a 
transfer between affiliates under subparagraph 
(C) shall be considered a covered transfer by 
the covered organization which transfers the 
amount only if the aggregate amount trans-
ferred during the year by such covered organi-
zation to that same covered organization is 
equal to or greater than $50,000. 
‘‘(B) DETERMINATION
OF
AMOUNT
OF 
CERTAIN
PAYMENTS
AMONG
AFFILIATES.—In 
determining the amount of a transfer between 
affiliates for purposes of subparagraph (A), to 
the extent that the transfer consists of funds 
attributable to dues, fees, or assessments which 
are paid by individuals on a regular, periodic 
basis in accordance with a per-individual cal-
culation which is made on a regular basis, the 
transfer shall be attributed to the individuals 
paying the dues, fees, or assessments and shall 
not be attributed to the covered organization. 
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‘‘(C) DESCRIPTION
OF
TRANSFERS
BE-
TWEEN
AFFILIATES.—A transfer of amounts 
from one covered organization to another cov-
ered organization shall be treated as a transfer 
between affiliates if— 
‘‘(i) one of the organizations is an af-
filiate of the other organization; or 
‘‘(ii) each of the organizations is an 
affiliate of the same organization, 
except that the transfer shall not be treated as 
a transfer between affiliates if one of the orga-
nizations is established for the purpose of mak-
ing campaign-related disbursements. 
‘‘(D) DETERMINATION OF AFFILIATE STA-
TUS.—For purposes of subparagraph (C), a 
covered organization is an affiliate of another 
covered organization if— 
‘‘(i) the governing instrument of the 
organization requires it to be bound by de-
cisions of the other organization; 
‘‘(ii) the governing board of the orga-
nization includes persons who are specifi-
cally designated representatives of the 
other organization or are members of the 
governing board, officers, or paid executive 
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448 
staff members of the other organization, or 
whose service on the governing board is 
contingent upon the approval of the other 
organization; or 
‘‘(iii) the organization is chartered by 
the other organization. 
‘‘(E) COVERAGE
OF
TRANSFERS
TO
AF-
FILIATED SECTION 501(c)(3) ORGANIZATIONS.— 
This paragraph shall apply with respect to an 
amount transferred by a covered organization 
to an organization described in paragraph (3) 
of section 501(c) of the Internal Revenue Code 
of 1986 and exempt from tax under section 
501(a) of such Code in the same manner as 
this paragraph applies to an amount trans-
ferred by a covered organization to another cov-
ered organization. 
‘‘(g) NO EFFECT ON OTHER REPORTING REQUIRE-
MENTS.—Except as provided in subsection (b)(1), nothing 
in this section shall be construed to waive or otherwise 
affect any other requirement of this Act which relates to 
the reporting of campaign-related disbursements.’’. 
(b) CONFORMING AMENDMENT.—Section 304(f)(6) 
of such Act (52 U.S.C. 30104) is amended by striking 
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‘‘Any requirement’’ and inserting ‘‘Except as provided in 
section 324(b), any requirement’’. 
(c) REGULATIONS.—Not later than 6 months after 
the date of the enactment of this Act, the Federal Election 
Commission shall promulgate regulations relating the ap-
plication of the exemption under section 324(a)(3)(C) of 
the Federal Election Campaign Act of 1971 (as added by 
subsection (a)). Such regulations— 
(1) shall require that the legal burden of estab-
lishing eligibility for such exemption is upon the or-
ganization required to make the report required 
under section 324(a)(1) of such Act (as added by 
subsection (a)), and 
(2) shall be consistent with the principles ap-
plied in Citizens United v. Federal Election Commis-
sion, 558 U.S. 310 (2010). 
SEC. 6012. REPORTING OF FEDERAL JUDICIAL NOMINA-
TION DISBURSEMENTS. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) A fair and impartial judiciary is critical for 
our democracy and crucial to maintain the faith of 
the people of the United States in the justice sys-
tem. As the Supreme Court held in Caperton v. 
Massey, ‘‘there is a serious risk of actual bias— 
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based on objective and reasonable perceptions— 
when a person with a personal stake in a particular 
case had a significant and disproportionate influence 
in placing the judge on the case’’. (Caperton v. A. 
T. Massey Coal Co., 556 U.S. 868, 884 (2009)). 
(2) Public trust in government is at a historic 
low. According to polling, most Americans believe 
that corporations have too much power and influence 
in politics and the courts. 
(3) The prevalence and pervasiveness of dark 
money drives public concern about corruption in pol-
itics and the courts. Dark money is funding for or-
ganizations and political activities that cannot be 
traced to actual donors. It is made possible by loop-
holes in our tax laws and regulations, weak oversight 
by the Internal Revenue Service, and donor-friendly 
court decisions. 
(4) Under current law, ‘‘social welfare’’ organi-
zations and business leagues can use funds to influ-
ence elections so long as political activity is not their 
‘‘primary’’ activity. Super PACs can accept and 
spend unlimited contributions from any non-foreign 
source. These groups can spend tens of millions of 
dollars on political activities. Such dark money 
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groups spent an estimated $1,050,000,000 in the 
2020 election cycle. 
(5) Dark money is used to shape judicial deci-
sion making. This can take many forms, akin to 
agency capture: influencing judicial selection by con-
trolling who gets nominated and funding candidate 
advertisements; creating public relations campaigns 
aimed at mobilizing the judiciary around particular 
issues; and drafting law review articles, amicus 
briefs, and other products which tell judges how to 
decide a given case and provide ready-made argu-
ments for willing judges to adopt. 
(6) Over the past decade, nonprofit organiza-
tions that do not disclose their donors have spent 
hundreds of millions of dollars to influence the nomi-
nation and confirmation process for Federal judges. 
One 
organization 
alone 
has 
spent 
nearly 
$40,000,000 on advertisements supporting or oppos-
ing Supreme Court nominees since 2016. 
(7) Anonymous money spent on judicial nomi-
nations is not subject to any disclosure require-
ments. Federal election laws only regulate contribu-
tions and expenditures relating to electoral politics; 
thus, expenditures, contributions, and advocacy ef-
forts for Federal judgeships are not covered under 
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452 
the Federal Election Campaign Act of 1971. With-
out more disclosure, the public has no way of know-
ing whether the people spending money supporting 
or opposing judicial nominations have business be-
fore the courts. 
(8) Congress and the American people have a 
compelling interest in knowing who is funding these 
campaigns to select and confirm judges to lifetime 
appointments on the Federal bench. 
(b) REPORTING.—Section 324 of the Federal Elec-
tion Campaign Act of 1971 (52 U.S.C. 30126), as amend-
ed by section 6011, is amended by redesignating sub-
section (g) as subsection (h) and by inserting after sub-
section (f) the following new subsection: 
‘‘(g) APPLICATION TO FEDERAL JUDICIAL NOMINA-
TIONS.— 
‘‘(1) IN GENERAL.—For purposes of this sec-
tion— 
‘‘(A) a disbursement by a covered organi-
zation for a Federal judicial nomination com-
munication shall be treated as a campaign-re-
lated disbursement; and 
‘‘(B) in the case of campaign-related dis-
bursements which are for Federal judicial nomi-
nation communications— 
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453 
‘‘(i) the dollar amounts in paragraphs 
(1) and (2) of subsection (a) shall be ap-
plied separately with respect to such dis-
bursements and other campaign-related 
disbursements; 
‘‘(ii) the election reporting cycle shall 
be the calendar year in which the disburse-
ment for the Federal judicial nomination 
communication is made; 
‘‘(iii) references to a candidate in sub-
sections 
(a)(2)(C), 
(a)(2)(D), 
and 
(a)(3)(C) shall be treated as references to 
a nominee for a Federal judge or justice; 
and 
‘‘(iv) the reference to an election in 
subsection (a)(2)(C) shall be treated as a 
reference to the nomination of such nomi-
nee. 
‘‘(2) FEDERAL JUDICIAL NOMINATION COMMU-
NICATION.— 
‘‘(A) IN GENERAL.—The term ‘Federal ju-
dicial nomination communication’ means any 
communication— 
‘‘(i) that is by means of any broad-
cast, cable, or satellite, paid internet, or 
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454 
paid digital communication, paid pro-
motion, newspaper, magazine, outdoor ad-
vertising facility, mass mailing, telephone 
bank, telephone messaging effort of more 
than 500 substantially similar calls or elec-
tronic messages within a 30-day period, or 
any other form of general public political 
advertising; and 
‘‘(ii) which promotes, supports, at-
tacks, or opposes the nomination or Senate 
confirmation of an individual as a Federal 
judge or justice. 
‘‘(B) EXCEPTION.—Such term shall not in-
clude any news story, commentary, or editorial 
distributed through the facilities of any broad-
casting station or any print, online, or digital 
newspaper, magazine, publication, or periodical, 
unless such facilities are owned or controlled by 
any political party, political committee, or can-
didate. 
‘‘(C) INTENT NOT REQUIRED.—A disburse-
ment for an item described in subparagraph (A) 
shall be treated as a disbursement for a Federal 
judicial nomination communication regardless 
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455 
of the intent of the person making the disburse-
ment.’’. 
SEC. 6013. COORDINATION WITH FINCEN. 
(a) IN GENERAL.—The Director of the Financial 
Crimes Enforcement Network of the Department of the 
Treasury shall provide the Federal Election Commission 
with such information as necessary to assist in admin-
istering and enforcing section 324 of the Federal Election 
Campaign Act of 1971, as amended by this part. 
(b) REPORT.—Not later than 6 months after the date 
of the enactment of this Act, the Chairman of the Federal 
Election Commission, in consultation with the Director of 
the Financial Crimes Enforcement Network of the De-
partment of the Treasury, shall submit to Congress a re-
port with recommendations for providing further legisla-
tive authority to assist in the administration and enforce-
ment of such section 324. 
SEC. 6014. APPLICATION OF FOREIGN MONEY BAN TO DIS-
BURSEMENTS FOR CAMPAIGN-RELATED DIS-
BURSEMENTS 
CONSISTING 
OF 
COVERED 
TRANSFERS. 
Section 319(b)(2) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30121(a)(1)(A)), as amended by 
section 6003, is amended— 
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456 
(1) by striking ‘‘includes any disbursement’’ 
and inserting ‘‘includes— 
‘‘(A) any disbursement’’; 
(2) by striking the period at the end and insert-
ing ‘‘; and’’, and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(B) any disbursement, other than a dis-
bursement described in section 324(a)(3)(A), to 
another person who made a campaign-related 
disbursement consisting of a covered transfer 
(as described in section 324) during the 2-year 
period ending on the date of the disburse-
ment.’’. 
SEC. 6015. SENSE OF CONGRESS REGARDING IMPLEMENTA-
TION. 
It is the sense of Congress that the Federal Election 
Commission should simplify the process for filing any dis-
closure required under the provisions of, and amendments 
made by, this part in order to ensure that such process 
is as easy and accessible as possible. 
SEC. 6016. EFFECTIVE DATE. 
The amendments made by this part shall apply with 
respect to disbursements made on or after January 1, 
2024, and shall take effect without regard to whether or 
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457 
not the Federal Election Commission has promulgated 
regulations to carry out such amendments. 
PART 3—OTHER ADMINISTRATIVE REFORMS 
SEC. 6021. PETITION FOR CERTIORARI. 
Section 307(a)(6) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30107(a)(6)) is amended by in-
serting ‘‘(including a proceeding before the Supreme 
Court on certiorari)’’ after ‘‘appeal’’. 
SEC. 6022. JUDICIAL REVIEW OF ACTIONS RELATED TO 
CAMPAIGN FINANCE LAWS. 
(a) IN GENERAL.—Title IV of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30141 et seq.) is 
amended by inserting after section 406 the following new 
section: 
‘‘SEC. 407. JUDICIAL REVIEW. 
‘‘(a) IN GENERAL.—If any action is brought for de-
claratory or injunctive relief to challenge, whether facially 
or as-applied, the constitutionality or lawfulness of any 
provision of this Act, including title V, or of chapter 95 
or 96 of the Internal Revenue Code of 1986, or is brought 
to with respect to any action of the Commission under 
chapter 95 or 96 of the Internal Revenue Code of 1986, 
the following rules shall apply: 
‘‘(1) The action shall be filed in the United 
States District Court for the District of Columbia 
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458 
and an appeal from the decision of the district court 
may be taken to the Court of Appeals for the Dis-
trict of Columbia Circuit. 
‘‘(2) In the case of an action relating to declar-
atory or injunctive relief to challenge the constitu-
tionality of a provision, the party filing the action 
shall concurrently deliver a copy of the complaint to 
the Clerk of the House of Representatives and the 
Secretary of the Senate. 
‘‘(3) It shall be the duty of the United States 
District Court for the District of Columbia and the 
Court of Appeals for the District of Columbia Cir-
cuit to advance on the docket and to expedite to the 
greatest possible extent the disposition of the action 
and appeal. 
‘‘(b) CLARIFYING SCOPE OF JURISDICTION.—If an 
action at the time of its commencement is not subject to 
subsection (a), but an amendment, counterclaim, cross- 
claim, affirmative defense, or any other pleading or motion 
is filed challenging, whether facially or as-applied, the con-
stitutionality or lawfulness of this Act or of chapter 95 
or 96 of the Internal Revenue Code of 1986, or is brought 
to with respect to any action of the Commission under 
chapter 95 or 96 of the Internal Revenue Code of 1986, 
the district court shall transfer the action to the District 
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459 
Court for the District of Columbia, and the action shall 
thereafter be conducted pursuant to subsection (a). 
‘‘(c) INTERVENTION BY MEMBERS OF CONGRESS.— 
In any action described in subsection (a) relating to de-
claratory or injunctive relief to challenge the constitu-
tionality of a provision, any Member of the House of Rep-
resentatives (including a Delegate or Resident Commis-
sioner to the Congress) or Senate shall have the right to 
intervene either in support of or opposition to the position 
of a party to the case regarding the constitutionality of 
the provision. To avoid duplication of efforts and reduce 
the burdens placed on the parties to the action, the court 
in any such action may make such orders as it considers 
necessary, including orders to require interveners taking 
similar positions to file joint papers or to be represented 
by a single attorney at oral argument. 
‘‘(d) CHALLENGE BY MEMBERS OF CONGRESS.—Any 
Member of Congress may bring an action, subject to the 
special rules described in subsection (a), for declaratory 
or injunctive relief to challenge, whether facially or as-ap-
plied, the constitutionality of any provision of this Act or 
chapter 95 or 96 of the Internal Revenue Code of 1986.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 9011 of the Internal Revenue Code 
of 1986 is amended to read as follows: 
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460 
‘‘SEC. 9011. JUDICIAL REVIEW. 
‘‘For provisions relating to judicial review of certifi-
cations, determinations, and actions by the Commission 
under this chapter, see section 407 of the Federal Election 
Campaign Act of 1971.’’. 
(2) Section 9041 of the Internal Revenue Code 
of 1986 is amended to read as follows: 
‘‘SEC. 9041. JUDICIAL REVIEW. 
‘‘For provisions relating to judicial review of actions 
by the Commission under this chapter, see section 407 of 
the Federal Election Campaign Act of 1971.’’. 
(3) Section 310 of the Federal Election Cam-
paign Act of 1971 (52 U.S.C. 30110) is repealed. 
(4) Section 403 of the Bipartisan Campaign 
Reform Act of 2002 (52 U.S.C. 30110 note) is re-
pealed. 
SEC. 6023. EFFECTIVE DATE. 
The amendments made by this subtitle shall take ef-
fect and apply on the date of the enactment of this Act, 
without regard to whether or not the Federal Election 
Commission has promulgated regulations to carry out this 
subtitle and the amendments made by this subtitle. 
Subtitle B—Honest Ads 
SEC. 6101. SHORT TITLE. 
This subtitle may be cited as the ‘‘Honest Ads Act’’. 
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461 
SEC. 6102. PURPOSE. 
The purpose of this subtitle is to enhance the integ-
rity of American democracy and national security by im-
proving disclosure requirements for online political adver-
tisements in order to uphold the Supreme Court’s well- 
established standard that the electorate bears the right to 
be fully informed. 
SEC. 6103. FINDINGS. 
Congress makes the following findings: 
(1) In 2002, the Bipartisan Campaign Reform 
Act of 2002 (Public Law 107–155) became law, es-
tablishing disclosure requirements for political adver-
tisements distributed from a television or radio 
broadcast station or provider of cable or satellite tel-
evision. In 2003, the Supreme Court upheld regula-
tions on electioneering communications established 
under the Act, noting that such requirements ‘‘pro-
vide the electorate with information and insure that 
the voters are fully informed about the person or 
group who is speaking’’. The Court reaffirmed this 
conclusion in 2010 by an 8–1 vote. 
(2) In its 2006 rulemaking, the Federal Elec-
tion Commission, the independent Federal agency 
charged with protecting the integrity of the Federal 
campaign finance process, noted that 18 percent of 
all Americans cited the internet as their leading 
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462 
source of news about the 2004 Presidential election. 
By contrast, Gallup and the Knight Foundation 
found in 2020 that the majority of Americans, 58 
percent, got most of their news about elections on-
line. 
(3) According to studies from AdImpact and 
Borrell 
Associates, 
in 
2020, 
an 
estimated 
$1,700,000,000 was spent on online political adver-
tising, more than 10 times the amount spent in 
2012. 
(4) In order to enhance transparency of all po-
litical advertisement funding, it is prudent to extend 
to online internet platforms the same types of polit-
ical advertisement disclosure requirements applicable 
to broadcast television and radio stations, and pro-
viders of cable and satellite television. 
(5) Effective and complete transparency for vot-
ers must include information about the true and 
original source of money given, transferred, and 
spent on political advertisements made online. 
(6) Requiring the disclosure of this information 
is a necessary and narrowly tailored means to in-
form the voting public of who is behind digital ad-
vertising disseminated to influence their votes and to 
enable the Federal Election Commission and the De-
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463 
partment of Justice to detect and prosecute illegal 
foreign spending on local, State, and Federal elec-
tions and other campaign finance violations. 
(7) Paid advertising on large online platforms is 
different from advertising placed on other common 
media in terms of the comparatively low cost of 
reaching large numbers of people, the availability of 
sophisticated microtargeting, and the ease with 
which online advertisers, particularly those located 
outside the United States, can evade disclosure re-
quirements. Requiring large online platforms to 
maintain public files of information about the online 
political ads they disseminate is the best and least 
restrictive means to ensure the voting public has 
complete information about who is trying to influ-
ence their votes and to aid enforcement of other 
laws, including the prohibition on foreign money in 
domestic campaigns. 
(8) The reach of a few large internet plat-
forms—larger than any broadcast, satellite, or cable 
provider—has greatly facilitated the scope and effec-
tiveness of disinformation campaigns. For instance, 
the largest platform has over 247,000,000 American 
users—over 153,000,000 of them on a daily basis. 
By contrast, the largest cable television provider has 
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464 
16,142,000 subscribers, while the largest satellite 
television provider has 13,300,000 subscribers. And 
the most-watched television broadcast in United 
States history had 118,000,000 viewers. 
(9) The public nature of broadcast television, 
radio, and satellite ensures a level of publicity for 
any political advertisement. These communications 
are accessible to the press, fact-checkers, and polit-
ical opponents. This creates strong disincentives for 
a candidate to disseminate materially false, inflam-
matory, or contradictory messages to the public. So-
cial media platforms, in contrast, can target portions 
of the electorate with direct, ephemeral advertise-
ments often on the basis of private information the 
platform has on individuals, enabling political adver-
tisements that are contradictory, racially or socially 
inflammatory, or materially false. 
(10) Large social media platforms are the only 
entities in possession of certain key data related to 
paid online ads, including the exact audience tar-
geted by those ads and their number of impressions. 
Such information, which cannot be reliably disclosed 
by the purchasers of ads, is extremely useful for in-
forming the electorate, guarding against corruption, 
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465 
and aiding in the enforcement of existing campaign 
finance regulations. 
(11) Paid advertisements on social media plat-
forms have served as critical tools for foreign online 
influence campaigns—even those that rely on large 
amounts of unpaid content—because such ads allow 
foreign actors to test the effectiveness of different 
messages, expose their messages to audiences who 
have not sought out such content, and recruit audi-
ences for future campaigns and posts. 
(12) In a 2019 Senate Select Committee on In-
telligence report on Russian Active Measures Cam-
paigns and Interference in the 2016 U.S. Election, 
Volume II: Russia’s Use of Social Media with Addi-
tional Views, the Committee recommended ‘‘that 
Congress examine legislative approaches to ensuring 
Americans know the sources of online political ad-
vertisements. The Federal Election Campaign Act of 
1971 requires political advertisements on television, 
radio and satellite to disclose the sponsor of the ad-
vertisement. The same requirements should apply 
online. This will also help to ensure that the IRA or 
any similarly situated actors cannot use paid adver-
tisements for purposes of foreign interference.’’. 
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466 
(13) On March 16, 2021, the Office of the Di-
rector of National Intelligence released the declas-
sified Intelligence Community assessment of foreign 
threats to the 2020 U.S. Federal elections. The de-
classified report found: ‘‘Throughout the election 
cycle, Russia’s online influence actors sought to af-
fect US public perceptions of the candidates, as well 
as advance Moscow’s longstanding goals of under-
mining confidence in US election processes and in-
creasing sociopolitical divisions among the American 
people.’’. The report also determined that Iran 
sought to influence the election by ‘‘creating and 
amplifying social media content that criticized [can-
didates]’’. 
(14) According to a Wall Street Journal report 
in April 2021, voluntary ad libraries operated by 
major platforms rely on foreign governments to self- 
report political ad purchases. These ad buys, includ-
ing those diminishing major human rights violations 
like the Uighur genocide, are under-reported by for-
eign government purchasers, with no substantial 
oversight or repercussions from the platforms. 
(15) Multiple reports have indicated that online 
ads have become a key vector for strategic influence 
by the People’s Republic of China. An April 2021 
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467 
Wall Street Journal report noted that the Chinese 
government and Chinese State-owned enterprises are 
major purchasers of ads on the U.S.’s largest social 
media platform, including to advance Chinese propa-
ganda. 
(16) Large online platforms have made changes 
to their policies intended to make it harder for for-
eign actors to purchase political ads. However, these 
private actions have not been taken by all platforms, 
have not been reliably enforced, and are subject to 
immediate change at the discretion of the platforms. 
(17) The Federal Election Commission’s cur-
rent regulations on political advertisements do not 
provide sufficient transparency to uphold the 
public’s right to be fully informed about political ad-
vertisements made online. 
SEC. 6104. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the dramatic increase in digital political ad-
vertisements, and the growing centrality of online 
platforms in the lives of Americans, requires the 
Congress and the Federal Election Commission to 
take meaningful action to ensure that laws and reg-
ulations provide the accountability and transparency 
that is fundamental to our democracy; 
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468 
(2) free and fair elections require both trans-
parency and accountability which give the public a 
right to know the true sources of funding for polit-
ical advertisements, be they foreign or domestic, in 
order to make informed political choices and hold 
elected officials accountable; and 
(3) transparency of funding for political adver-
tisements is essential to enforce other campaign fi-
nance laws, including the prohibition on campaign 
spending by foreign nationals. 
SEC. 6105. EXPANSION OF DEFINITION OF PUBLIC COMMU-
NICATION. 
(a) IN GENERAL.—Paragraph (22) of section 301 of 
the Federal Election Campaign Act of 1971 (52 U.S.C. 
30101(22)) is amended by striking ‘‘or satellite commu-
nication’’ and inserting ‘‘satellite, paid internet, or paid 
digital communication’’. 
(b) TREATMENT OF CONTRIBUTIONS AND EXPENDI-
TURES.—Section 301 of such Act (52 U.S.C. 30101) is 
amended— 
(1) in paragraph (8)(B)(v), by striking ‘‘on 
broadcasting stations, or in newspapers, magazines, 
or similar types of general public political adver-
tising’’ and inserting ‘‘in any public communica-
tion’’; and 
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469 
(2) in paragraph (9)(B)— 
(A) by amending clause (i) to read as fol-
lows: 
‘‘(i) any news story, commentary, or 
editorial distributed through the facilities 
of any broadcasting station or any print, 
online, or digital newspaper, magazine, 
publication, periodical, blog, or platform, 
unless such broadcasting, print, online, or 
digital facilities are owned or controlled by 
any political party, political committee, or 
candidate;’’; and 
(B) in clause (iv), by striking ‘‘on broad-
casting stations, or in newspapers, magazines, 
or similar types of general public political ad-
vertising’’ and inserting ‘‘in any public commu-
nication’’. 
(c) DISCLOSURE AND DISCLAIMER STATEMENTS.— 
Subsection (a) of section 318 of such Act (52 U.S.C. 
30120) is amended— 
(1) by striking ‘‘financing any communication 
through any broadcasting station, newspaper, maga-
zine, outdoor advertising facility, mailing, or any 
other type of general public political advertising’’ 
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470 
and inserting ‘‘financing any public communication’’; 
and 
(2) by striking ‘‘solicits any contribution 
through any broadcasting station, newspaper, maga-
zine, outdoor advertising facility, mailing, or any 
other type of general public political advertising’’ 
and inserting ‘‘solicits any contribution through any 
public communication’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall take effect without regard to whether 
or not the Federal Election Commission has promulgated 
the final regulations necessary to carry out this part and 
the amendments made by this part by the deadline set 
forth in subsection (e). 
(e) REGULATION.—Not later than 1 year after the 
date of the enactment of this Act, the Federal Election 
Commission shall promulgate regulations on what con-
stitutes a paid internet or paid digital communication for 
purposes of paragraph (22) of section 301 of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30101(22)), 
as amended by subsection (a), except that such regulation 
shall not define a paid internet or paid digital communica-
tion to include communications for which the only pay-
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471 
ment consists of internal resources, such as employee com-
pensation, of the entity paying for the communication. 
SEC. 6106. EXPANSION OF DEFINITION OF ELECTION-
EERING COMMUNICATION. 
(a) EXPANSION TO ONLINE COMMUNICATIONS.— 
(1) APPLICATION TO QUALIFIED INTERNET AND 
DIGITAL COMMUNICATIONS.— 
(A) IN
GENERAL.—Subparagraph (A) of 
section 304(f)(3) of the Federal Election Cam-
paign Act of 1971 (52 U.S.C. 30104(f)(3)(A)) 
is amended by striking ‘‘or satellite communica-
tion’’ each place it appears in clauses (i) and 
(ii) and inserting ‘‘satellite, or qualified internet 
or digital communication’’. 
(B) QUALIFIED
INTERNET
OR
DIGITAL 
COMMUNICATION.—Paragraph (3) of section 
304(f) of such Act (52 U.S.C. 30104(f)) is 
amended by adding at the end the following 
new subparagraph: 
‘‘(D) QUALIFIED
INTERNET
OR
DIGITAL 
COMMUNICATION.—The term ‘qualified internet 
or digital communication’ means any commu-
nication which is placed or promoted for a fee 
on an online platform (as defined in subsection 
(k)(3)).’’. 
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472 
(2) NONAPPLICATION
OF
RELEVANT
ELEC-
TORATE
TO
ONLINE
COMMUNICATIONS.—Section 
304(f)(3)(A)(i)(III) 
of 
such 
Act 
(52 
U.S.C. 
30104(f)(3)(A)(i)(III)) is amended by inserting ‘‘any 
broadcast, cable, or satellite’’ before ‘‘communica-
tion’’. 
(3) 
NEWS
EXEMPTION.—Section 
304(f)(3)(B)(i) 
of 
such 
Act 
(52 
U.S.C. 
30104(f)(3)(B)(i)) is amended to read as follows: 
‘‘(i) a communication appearing in a 
news story, commentary, or editorial dis-
tributed through the facilities of any 
broadcasting station or any online or dig-
ital newspaper, magazine, publication, peri-
odical, blog, or platform, unless such 
broadcasting, online, or digital facilities are 
owned or controlled by any political party, 
political committee, or candidate;’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to communications 
made on or after January 1, 2024, and shall take effect 
without regard to whether or not the Federal Election 
Commission has promulgated regulations to carry out 
such amendments. 
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473 
SEC. 6107. APPLICATION OF DISCLAIMER STATEMENTS TO 
ONLINE COMMUNICATIONS. 
(a) CLEAR AND CONSPICUOUS MANNER REQUIRE-
MENT.—Subsection (a) of section 318 of the Federal Elec-
tion Campaign Act of 1971 (52 U.S.C. 30120(a)) is 
amended— 
(1) by striking ‘‘shall clearly state’’ each place 
it appears in paragraphs (1), (2), and (3) and in-
serting ‘‘shall state in a clear and conspicuous man-
ner’’; and 
(2) by adding at the end the following flush 
sentence: ‘‘For purposes of this section, a commu-
nication does not make a statement in a clear and 
conspicuous manner if it is difficult to read or hear 
or if the placement is easily overlooked.’’. 
(b) SPECIAL RULES FOR QUALIFIED INTERNET OR 
DIGITAL COMMUNICATIONS.— 
(1) IN GENERAL.—Section 318 of such Act (52 
U.S.C. 30120) is amended by adding at the end the 
following new subsection: 
‘‘(e) SPECIAL RULES FOR QUALIFIED INTERNET OR 
DIGITAL COMMUNICATIONS.— 
‘‘(1) SPECIAL RULES WITH RESPECT TO STATE-
MENTS.—In the case of any qualified internet or 
digital 
communication 
(as 
defined 
in 
section 
304(f)(3)(D)) which is disseminated through a me-
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474 
dium in which the provision of all of the information 
specified in this section is not possible, the commu-
nication shall, in a clear and conspicuous manner— 
‘‘(A) state the name of the person who 
paid for the communication; and 
‘‘(B) provide a means for the recipient of 
the communication to obtain the remainder of 
the information required under this section with 
minimal effort and without receiving or viewing 
any additional material other than such re-
quired information. 
‘‘(2) SAFE HARBOR FOR DETERMINING CLEAR 
AND CONSPICUOUS MANNER.—A statement in quali-
fied internet or digital communication (as defined in 
section 304(f)(3)(D)) shall be considered to be made 
in a clear and conspicuous manner as provided in 
subsection (a) if the communication meets the fol-
lowing requirements: 
‘‘(A) TEXT
OR
GRAPHIC
COMMUNICA-
TIONS.—In the case of a text or graphic com-
munication, the statement— 
‘‘(i) appears in letters at least as large 
as the majority of the text in the commu-
nication; and 
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475 
‘‘(ii) meets the requirements of para-
graphs (2) and (3) of subsection (c). 
‘‘(B) AUDIO
COMMUNICATIONS.—In the 
case of an audio communication, the statement 
is spoken in a clearly audible and intelligible 
manner at the beginning or end of the commu-
nication and lasts at least 3 seconds. 
‘‘(C) VIDEO
COMMUNICATIONS.—In the 
case of a video communication which also in-
cludes audio, the statement— 
‘‘(i) is included at either the beginning 
or the end of the communication; and 
‘‘(ii) is made both in— 
‘‘(I) a written format that meets 
the requirements of subparagraph (A) 
and appears for at least 4 seconds; 
and 
‘‘(II) an audible format that 
meets the requirements of subpara-
graph (B). 
‘‘(D) OTHER
COMMUNICATIONS.—In the 
case of any other type of communication, the 
statement is at least as clear and conspicuous 
as the statement specified in subparagraph (A), 
(B), or (C).’’. 
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476 
(2) NONAPPLICATION
OF
CERTAIN
EXCEP-
TIONS.—The 
exceptions 
provided 
in 
section 
110.11(f)(1)(i) and (ii) of title 11, Code of Federal 
Regulations, or any successor to such rules, shall 
have no application to qualified internet or digital 
communications (as defined in section 304(f)(3)(D) 
of the Federal Election Campaign Act of 1971). 
(c) MODIFICATION OF ADDITIONAL REQUIREMENTS 
FOR CERTAIN COMMUNICATIONS.—Section 318(d) of such 
Act (52 U.S.C. 30120(d)) is amended— 
(1) in paragraph (1)(A)— 
(A) by striking ‘‘which is transmitted 
through radio’’ and inserting ‘‘which is in an 
audio format’’; and 
(B) by striking ‘‘BY RADIO’’ in the heading 
and inserting ‘‘AUDIO FORMAT’’; 
(2) in paragraph (1)(B)— 
(A) by striking ‘‘which is transmitted 
through television’’ and inserting ‘‘which is in 
video format’’; and 
(B) by striking ‘‘BY TELEVISION’’ in the 
heading and inserting ‘‘VIDEO FORMAT’’; and 
(3) in paragraph (2)— 
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477 
(A) by striking ‘‘transmitted through radio 
or television’’ and inserting ‘‘made in audio or 
video format’’; and 
(B) by striking ‘‘through television’’ in the 
second sentence and inserting ‘‘in video for-
mat’’. 
(d) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall take effect without regard to 
whether or not the Federal Election Commission has pro-
mulgated regulations to carry out such amendments. 
SEC. 6108. POLITICAL RECORD REQUIREMENTS FOR ON-
LINE PLATFORMS. 
(a) IN GENERAL.—Section 304 of the Federal Elec-
tion Campaign Act of 1971 (52 U.S.C. 30104), as amend-
ed by section 3802, is amended by adding at the end the 
following new subsection: 
‘‘(k) DISCLOSURE OF CERTAIN ONLINE ADVERTISE-
MENTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REQUIREMENTS FOR ONLINE PLAT-
FORMS.— 
‘‘(i) IN
GENERAL.—An online plat-
form shall maintain, and make available 
for online public inspection in machine- 
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478 
readable format, a complete record of any 
qualified political advertisement which is 
purchased by a person whose aggregate 
purchases of qualified political advertise-
ments on such online platform during the 
calendar year exceeds $500. 
‘‘(ii) REQUIREMENT RELATING TO PO-
LITICAL ADS SOLD BY THIRD-PARTY AD-
VERTISING VENDORS.—An online platform 
that displays a qualified political advertise-
ment sold by a third-party advertising ven-
dor shall include on its own platform— 
‘‘(I) an easily accessible and 
identifiable link to the records main-
tained by the third-party advertising 
vendor under clause (i) regarding 
such qualified political advertisement; 
or 
‘‘(II) in any case in which the 
third-party advertising vendor does 
not make such records available, a 
statement that no records from the 
third-party 
advertising 
vendor’s 
records are available. 
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479 
‘‘(B) 
REQUIREMENTS
FOR
ADVER-
TISERS.—Any person who requests to purchase 
a qualified political advertisement on an online 
platform shall provide the online platform with 
such information as is necessary for the online 
platform to comply with the requirements of 
subparagraph (A). 
‘‘(2) CONTENTS OF RECORD.—A record main-
tained under paragraph (1)(A) shall contain— 
‘‘(A) a digital copy of the qualified political 
advertisement; 
‘‘(B) a description of the audience that re-
ceived the advertisement, the number of views 
generated from the advertisement, and the date 
and time that the advertisement is first dis-
played and last displayed; and 
‘‘(C) information regarding— 
‘‘(i) the total cost of the advertise-
ment (which may be rounded to the near-
est $100); 
‘‘(ii) the name of the candidate to 
which the advertisement refers and the of-
fice to which the candidate is seeking elec-
tion, the election to which the advertise-
ment refers, or the national legislative 
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480 
issue to which the advertisement refers (as 
applicable); 
‘‘(iii) in the case of a request made 
by, or on behalf of, a candidate, the name 
of the candidate, the authorized committee 
of the candidate, and the treasurer of such 
committee; and 
‘‘(iv) in the case of any request not 
described in clause (iii), the name of the 
person purchasing the advertisement, the 
name and address of a contact person for 
such person, and a list of the chief execu-
tive officers or members of the executive 
committee or of the board of directors of 
such person. 
‘‘(3) ONLINE PLATFORM.— 
‘‘(A) IN GENERAL.—For purposes of this 
subsection, subject to subparagraph (B), the 
term ‘online platform’ means any public-facing 
website, web application, or digital application 
(including a social network, ad network, or 
search engine) which— 
‘‘(i)(I) sells qualified political adver-
tisements; and 
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481 
‘‘(II) has 50,000,000 or more unique 
monthly United States visitors or users for 
a majority of months during the preceding 
12 months; or 
‘‘(ii) is a third-party advertising ven-
dor that has 50,000,000 or more unique 
monthly United States visitors in the ag-
gregate on any advertisement space that it 
has sold or bought for a majority of 
months during the preceding 12 months, 
as measured by an independent digital rat-
ings service accredited by the Media Rat-
ings Council (or its successor). 
‘‘(B) EXEMPTION.—Such term shall not 
include any online platform that is a distribu-
tion facility of any broadcasting station or 
newspaper, magazine, blog, publication, or peri-
odical. 
‘‘(C) THIRD-PARTY ADVERTISING VENDOR 
DEFINED.—For purposes of this subsection, the 
term ‘third-party advertising vendor’ includes 
any third-party advertising vendor network, ad-
vertising agency, advertiser, or third-party ad-
vertisement serving company that buys and 
sells advertisement space on behalf of unaffili-
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482 
ated third-party websites, search engines, dig-
ital applications, or social media sites. 
‘‘(4) QUALIFIED POLITICAL ADVERTISEMENT.— 
For purposes of this subsection, the term ‘qualified 
political advertisement’ means any advertisement 
(including search engine marketing, display adver-
tisements, video advertisements, native advertise-
ments, and sponsorships) that— 
‘‘(A) is made by or on behalf of a can-
didate; or 
‘‘(B) communicates a message relating to 
any political matter of national importance, in-
cluding— 
‘‘(i) a candidate; 
‘‘(ii) any election to Federal office; or 
‘‘(iii) a national legislative issue of 
public importance. 
‘‘(5) TIME TO MAINTAIN FILE.—The informa-
tion required under this subsection shall be made 
available as soon as possible and shall be retained by 
the online platform for a period of not less than 4 
years. 
‘‘(6) SPECIAL RULE.—For purposes of this sub-
section, multiple versions of an advertisement that 
contain no material differences (such as versions 
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483 
that differ only because they contain a recipient’s 
name, or differ only in size, color, font, or layout) 
may be treated as a single qualified political adver-
tisement. 
‘‘(7) PENALTIES.—For penalties for failure by 
online platforms, and persons requesting to purchase 
a qualified political advertisement on online plat-
forms, to comply with the requirements of this sub-
section, see section 309.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall take effect without regard to whether 
or not the Federal Election Commission has promulgated 
the final regulations necessary to carry out this part and 
the amendments made by this part by the deadline set 
forth in subsection (c). 
(c) RULEMAKING.—Not later than 120 days after the 
date of the enactment of this Act, the Federal Election 
Commission shall establish rules— 
(1) for determining whether an advertisement 
communicates a national legislative issue for pur-
poses of section 304(k) of the Federal Election Cam-
paign Act of 1971 (as added by subsection (a)); 
(2) requiring common data formats for the 
record required to be maintained under such section 
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484 
304(k) so that all online platforms submit and main-
tain data online in a common, machine-readable and 
publicly accessible format; and 
(3) establishing search interface requirements 
relating to such record, including searches by can-
didate name, issue, purchaser, and date. 
(d) REPORTING.—Not later than 2 years after the 
date of the enactment of this Act, and biannually there-
after, the Chairman of the Federal Election Commission 
shall submit a report to Congress on— 
(1) matters relating to compliance with and the 
enforcement of the requirements of section 304(k) of 
the Federal Election Campaign Act of 1971, as 
added by subsection (a); 
(2) recommendations for any modifications to 
such section to assist in carrying out its purposes; 
and 
(3) identifying ways to bring transparency and 
accountability to political advertisements distributed 
online for free. 
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485 
SEC. 6109. PREVENTING CONTRIBUTIONS, EXPENDITURES, 
INDEPENDENT 
EXPENDITURES, 
AND 
DIS-
BURSEMENTS FOR ELECTIONEERING COM-
MUNICATIONS BY FOREIGN NATIONALS IN 
THE FORM OF ONLINE ADVERTISING. 
Section 319 of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30121) is amended by adding at the 
end the following new subsection: 
‘‘(c) RESPONSIBILITIES OF BROADCAST STATIONS, 
PROVIDERS OF CABLE AND SATELLITE TELEVISION, AND 
ONLINE PLATFORMS.— 
‘‘(1) IN
GENERAL.—Each television or radio 
broadcast station, provider of cable or satellite tele-
vision, or online platform (as defined in section 
304(k)(3)) shall make reasonable efforts to ensure 
that communications described in section 318(a) and 
made available by such station, provider, or platform 
are not purchased by a foreign national, directly or 
indirectly. 
‘‘(2) REGULATIONS.—Not later than 1 year 
after the date of the enactment of this subsection, 
the Commission shall promulgate regulations on 
what constitutes reasonable efforts under paragraph 
(1).’’. 
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486 
SEC. 6110. REQUIRING ONLINE PLATFORMS TO DISPLAY 
NOTICES IDENTIFYING SPONSORS OF POLIT-
ICAL ADVERTISEMENTS AND TO ENSURE NO-
TICES CONTINUE TO BE PRESENT WHEN AD-
VERTISEMENTS ARE SHARED. 
(a) IN GENERAL.—Section 304 of the Federal Elec-
tion Campaign Act of 1971 (52 U.S.C. 30104), as amend-
ed by section 3802 and section 6108(a), is amended by 
adding at the end the following new subsection: 
‘‘(l) ENSURING DISPLAY AND SHARING OF SPONSOR 
IDENTIFICATION
IN
ONLINE
POLITICAL
ADVERTISE-
MENTS.— 
‘‘(1) REQUIREMENT.—Any online platform that 
displays a qualified political advertisement (regard-
less of whether such qualified political advertisement 
was purchased directly from the online platform) 
shall— 
‘‘(A) display with the advertisement a visi-
ble notice identifying the sponsor of the adver-
tisement (or, if it is not practical for the plat-
form to display such a notice, a notice that the 
advertisement is sponsored by a person other 
than the platform); and 
‘‘(B) ensure that the notice will continue to 
be displayed if a viewer of the advertisement 
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487 
shares the advertisement with others on that 
platform. 
‘‘(2) SAFE HARBOR.—An online platform shall 
not be treated as having failed to comply with the 
requirements 
of 
paragraph 
(1)(A) 
for 
the 
misidentification of a person as the sponsor of an 
advertisement if— 
‘‘(A) the person placing the online adver-
tisement designated the person displayed in the 
advertisement as the sponsor; and 
‘‘(B) the online platform relied on such 
designation in good faith. 
‘‘(3) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘online platform’ has the 
meaning given such term in subsection (k)(3); 
‘‘(B) the term ‘‘qualified political adver-
tisement’ has the meaning given such term in 
subsection (k)(4); and 
‘‘(C) the term ‘sponsor’ means the person 
purchasing the advertisement.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to advertisements 
displayed on or after the 120-day period which begins on 
the date of the enactment of this Act and shall take effect 
without regard to whether or not the Federal Election 
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488 
Commission has promulgated regulations to carry out 
such amendments. 
Subtitle C—Spotlight Act 
SEC. 6201. SHORT TITLE. 
This subtitle may be cited as the ‘‘Spotlight Act’’. 
SEC. 6202. INCLUSION OF CONTRIBUTOR INFORMATION ON 
ANNUAL RETURNS OF CERTAIN ORGANIZA-
TIONS. 
(a) REPEAL OF REGULATIONS.—The final regula-
tions of the Department of the Treasury relating to guid-
ance under section 6033 regarding the reporting require-
ments of exempt organizations (published at 85 Fed. Reg. 
31959 (May 28, 2020)) shall have no force and effect. 
(b) INCLUSION OF CONTRIBUTOR INFORMATION.— 
(1) SOCIAL
WELFARE
ORGANIZATIONS.—Sec-
tion 6033(f)(1) of the Internal Revenue Code of 
1986 is amended by inserting ‘‘(5),’’ after ‘‘para-
graphs’’. 
(2) LABOR
ORGANIZATIONS
AND
BUSINESS 
LEAGUES.—Section 6033 of such Code is amended 
by redesignating subsection (o) as subsection (p) 
and by inserting after subsection (n) the following 
new subsection: 
‘‘(o) ADDITIONAL REQUIREMENTS FOR ORGANIZA-
TIONS DESCRIBED IN SUBSECTIONS (c)(5) AND (c)(6) OF 
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489 
SECTION 501.—Every organization which is described in 
paragraph (5) or (6) of section 501(c) and which is subject 
to the requirements of subsection (a) shall include on the 
return required under subsection (a) the information re-
ferred to in subsection (b)(5).’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply to returns required to 
be filed for taxable years ending after the date of the 
enactment of this Act. 
(c) MODIFICATION
TO
DISCRETIONARY
EXCEP-
TIONS.—Section 6033(a)(3)(B) of the Internal Revenue 
Code of 1986 is amended to read as follows: 
‘‘(B) DISCRETIONARY EXCEPTIONS.— 
‘‘(i) IN
GENERAL.—Paragraph (1) 
shall not apply to any organization if the 
Secretary made a determination under this 
subparagraph before July 16, 2018, that 
such filing is not necessary to the efficient 
administration of the internal revenue 
laws. 
‘‘(ii) RECOMMENDATIONS FOR OTHER 
EXCEPTIONS.—The Secretary may rec-
ommend to Congress that Congress relieve 
any organization required under paragraph 
(1) to file an information return from fil-
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490 
ing such a return if the Secretary deter-
mines that such filing does not advance a 
national security, law enforcement, or tax 
administration purpose.’’. 
TITLE VII—CAMPAIGN FINANCE 
OVERSIGHT 
Subtitle A—Stopping Super PAC– 
Candidate Coordination 
SEC. 7001. SHORT TITLE. 
This subtitle may be cited as the ‘‘Stop Super PAC– 
Candidate Coordination Act’’. 
SEC. 7002. CLARIFICATION OF TREATMENT OF COORDI-
NATED EXPENDITURES AS CONTRIBUTIONS 
TO CANDIDATES. 
(a) TREATMENT
AS
CONTRIBUTION
TO
CAN-
DIDATE.—Section 301(8)(A) of the Federal Election Cam-
paign Act of 1971 (52 U.S.C. 30101(8)(A)) is amended— 
(1) by striking ‘‘or’’ at the end of clause (i); 
(2) by striking the period at the end of clause 
(ii) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
clause: 
‘‘(iii) any payment made by any person 
(other than a candidate, an authorized com-
mittee of a candidate, or a political committee 
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491 
of a political party) for a coordinated expendi-
ture (as such term is defined in section 325) 
which is not otherwise treated as a contribution 
under clause (i) or clause (ii).’’. 
(b) DEFINITIONS.—Title III of such Act (52 U.S.C. 
30101 et seq.) is amended by adding at the end the fol-
lowing new section: 
‘‘SEC. 325. PAYMENTS FOR COORDINATED EXPENDITURES. 
‘‘(a) COORDINATED EXPENDITURES.— 
‘‘(1) IN
GENERAL.—For purposes of section 
301(8)(A)(iii), the term ‘coordinated expenditure’ 
means— 
‘‘(A) any expenditure, or any payment for 
a covered communication described in sub-
section (e), which is made in cooperation, con-
sultation, or concert with, or at the request or 
suggestion of, a candidate, an authorized com-
mittee of a candidate, a political committee of 
a political party, or agents of the candidate or 
committee, as defined in subsection (b); or 
‘‘(B) any payment for any communication 
which republishes, disseminates, or distributes, 
in whole or in part, any video or broadcast or 
any written, graphic, or other form of campaign 
material prepared by the candidate or com-
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492 
mittee or by agents of the candidate or com-
mittee (including any excerpt or use of any 
video from any such broadcast or written, 
graphic, or other form of campaign material). 
‘‘(2) EXCEPTION FOR PAYMENTS FOR CERTAIN 
COMMUNICATIONS.—A payment for a communication 
(including a covered communication described in 
subsection (e)) shall not be treated as a coordinated 
expenditure under this subsection if— 
‘‘(A) the communication appears in a news 
story, commentary, or editorial distributed 
through the facilities of any broadcasting sta-
tion, newspaper, magazine, or other periodical 
publication, unless such facilities are owned or 
controlled by any political party, political com-
mittee, or candidate; or 
‘‘(B) the communication constitutes a can-
didate debate or forum conducted pursuant to 
regulations adopted by the Commission pursu-
ant to section 304(f)(3)(B)(iii), or which solely 
promotes such a debate or forum and is made 
by or on behalf of the person sponsoring the de-
bate or forum. 
‘‘(b) COORDINATION DESCRIBED.— 
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493 
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, a payment is made ‘in cooperation, consulta-
tion, or concert with, or at the request or suggestion 
of,’ a candidate, an authorized committee of a can-
didate, a political committee of a political party, or 
agents of the candidate or committee, if the pay-
ment, or any communication for which the payment 
is made, is not made entirely independently of the 
candidate, committee, or agents. For purposes of the 
previous sentence, a payment or communication not 
made entirely independently of the candidate or 
committee includes any payment or communication 
made pursuant to any general or particular under-
standing with, or pursuant to any communication 
with, the candidate, committee, or agents about the 
payment or communication. 
‘‘(2) NO
FINDING
OF
COORDINATION
BASED 
SOLELY ON SHARING OF INFORMATION REGARDING 
LEGISLATIVE OR POLICY POSITION.—For purposes 
of this section, a payment shall not be considered to 
be made by a person in cooperation, consultation, or 
concert with, or at the request or suggestion of, a 
candidate or committee, solely on the grounds that 
the person or the person’s agent engaged in discus-
sions with the candidate or committee, or with any 
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494 
agent of the candidate or committee, regarding that 
person’s position on a legislative or policy matter 
(including urging the candidate or committee to 
adopt that person’s position), so long as there is no 
communication between the person and the can-
didate or committee, or any agent of the candidate 
or committee, regarding the candidate’s or commit-
tee’s campaign advertising, message, strategy, pol-
icy, polling, allocation of resources, fundraising, or 
other campaign activities. 
‘‘(3) NO
EFFECT
ON
PARTY
COORDINATION 
STANDARD.—Nothing in this section shall be con-
strued to affect the determination of coordination 
between a candidate and a political committee of a 
political party for purposes of section 315(d). 
‘‘(c) PAYMENTS BY COORDINATED SPENDERS FOR 
COVERED COMMUNICATIONS.— 
‘‘(1) PAYMENTS MADE IN COOPERATION, CON-
SULTATION, OR CONCERT WITH CANDIDATES.—For 
purposes of subsection (a)(1)(A), if the person who 
makes a payment for a covered communication, as 
defined in subsection (e), is a coordinated spender 
under paragraph (2) with respect to the candidate 
as described in paragraph (2), the payment for the 
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495 
covered communication is made in cooperation, con-
sultation, or concert with the candidate. 
‘‘(2) COORDINATED SPENDER DEFINED.—For 
purposes of this subsection, the term ‘coordinated 
spender’ means, with respect to a candidate or an 
authorized committee of a candidate, a person (other 
than a political committee of a political party) for 
which any of the following applies: 
‘‘(A) During the 4-year period ending on 
the date on which the person makes the pay-
ment, the person was directly or indirectly 
formed or established by or at the request or 
suggestion of, or with the encouragement of, 
the candidate (including an individual who later 
becomes a candidate) or committee or agents of 
the candidate or committee, including with the 
approval of the candidate or committee or 
agents of the candidate or committee. 
‘‘(B) The candidate or committee or any 
agent of the candidate or committee solicits 
funds, appears at a fundraising event, or en-
gages in other fundraising activity on the per-
son’s behalf during the election cycle involved, 
including by providing the person with names of 
potential donors or other lists to be used by the 
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496 
person in engaging in fundraising activity, re-
gardless of whether the person pays fair market 
value for the names or lists provided. For pur-
poses of this subparagraph, the term ‘election 
cycle’ means, with respect to an election for 
Federal office, the period beginning on the day 
after the date of the most recent general elec-
tion for that office (or, if the general election 
resulted in a runoff election, the date of the 
runoff election) and ending on the date of the 
next general election for that office (or, if the 
general election resulted in a runoff election, 
the date of the runoff election). 
‘‘(C) The person is established, directed, or 
managed by the candidate or committee or by 
any person who, during the 4-year period end-
ing on the date on which the person makes the 
payment, has been employed or retained as a 
political, campaign media, or fundraising ad-
viser or consultant for the candidate or com-
mittee or for any other entity directly or indi-
rectly controlled by the candidate or committee, 
or has held a formal position with the candidate 
or committee (including a position as an em-
ployee of the office of the candidate at any time 
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497 
the candidate held any Federal, State, or local 
public office during the 4-year period). 
‘‘(D) The person has retained the profes-
sional services of any person who, during the 2- 
year period ending on the date on which the 
person makes the payment, has provided or is 
providing professional services relating to the 
campaign to the candidate or committee, unless 
the person providing the professional services 
used a firewall or similar procedure in accord-
ance with subsection (d). For purposes of this 
subparagraph, the term ‘professional services’ 
includes any services in support of the can-
didate’s or committee’s campaign activities, in-
cluding advertising, message, strategy, policy, 
polling, allocation of resources, fundraising, and 
campaign operations, but does not include ac-
counting or legal services. 
‘‘(E) The person is established, directed, or 
managed by a member of the immediate family 
of the candidate, or the person or any officer or 
agent of the person has had more than inci-
dental discussions about the candidate’s cam-
paign with a member of the immediate family 
of the candidate. For purposes of this subpara-
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498 
graph, the term ‘immediate family’ has the 
meaning given such term in section 9004(e) of 
the Internal Revenue Code of 1986. 
‘‘(d) USE OF FIREWALL AS SAFE HARBOR.— 
‘‘(1) NO
COORDINATION
IF
FIREWALL
AP-
PLIES.—A person shall not be determined to have 
made a payment in cooperation, consultation, or 
concert with, or at the request or suggestion of, a 
candidate or committee in accordance with this sec-
tion if the person established and used a firewall or 
similar procedure to restrict the sharing of informa-
tion between individuals who are employed by or who 
are serving as agents for the person making the pay-
ment, but only if the firewall or similar procedures 
meet the requirements of paragraph (2). 
‘‘(2) REQUIREMENTS
DESCRIBED.—The re-
quirements described in this paragraph with respect 
to a firewall or similar procedure are as follows: 
‘‘(A) The firewall or procedure is designed 
and implemented to prohibit the flow of infor-
mation between employees and consultants pro-
viding services for the person paying for the 
communication and those employees or consult-
ants providing, or who previously provided, 
services to a candidate who is clearly identified 
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499 
in the communication or an authorized com-
mittee of the candidate, the candidate’s oppo-
nent or an authorized committee of the can-
didate’s opponent, or a committee of a political 
party. 
‘‘(B) The firewall or procedure must be de-
scribed in a written policy that is distributed, 
signed, and dated by all relevant employees, 
consultants, and clients subject to the policy. 
‘‘(C) The policy must be preserved and re-
tained by the person for at least 5 years fol-
lowing any termination or cessation of represen-
tation by employees, consultants, and clients 
who are subject to the policy. 
‘‘(D) The policy must prohibit any employ-
ees, consultants, and clients who are subject to 
the policy from attending meetings, trainings, 
or other discussions where nonpublic plans, 
projects, activities, or needs of candidates for 
election for Federal office or political commit-
tees are discussed. 
‘‘(E) The policy must prohibit each owner 
of an organization, and each executive, man-
ager, and supervisor within an organization, 
from simultaneously overseeing the work of em-
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500 
ployees and consultants who are subject to the 
firewall or procedure. 
‘‘(F) The policy must place restrictions on 
internal and external communications, including 
by establishing separate emailing lists, for em-
ployees, consultants, and clients who are subject 
to the firewall or procedure and those who are 
not subject to the firewall or procedure. 
‘‘(G) The policy must require the person to 
establish separate files, including electronic file 
folders— 
‘‘(i) for employees, consultants, and 
clients who are subject to the firewall or 
procedure and to prohibit access to such 
files by employees, consultants, and clients 
who are not subject to the firewall or pro-
cedure; and 
‘‘(ii) for employees, consultants, and 
clients who are not subject to the firewall 
or procedure and to prohibit access to such 
files by employees, consultants, and clients 
who are subject to the firewall or proce-
dure. 
‘‘(H) The person must conduct a training 
on the applicable requirements and obligations 
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501 
of this Act and the policy for all employees, 
consultants, and clients. 
‘‘(3) EXCEPTION IF INFORMATION IS SHARED 
REGARDLESS OF FIREWALL.—A person who estab-
lished and used a firewall or similar procedure which 
meets the requirements of paragraph (2) shall be de-
termined to have made a payment in cooperation, 
consultation, or concert with, or at the request or 
suggestion of, a candidate or committee in accord-
ance with this section if specific information indi-
cates that, notwithstanding the establishment and 
use of the firewall or similar procedure, information 
about the candidate’s or committee’s campaign 
plans, projects, activities, or needs that is material 
to the creation, production, or distribution of the 
covered communication was used or conveyed to the 
person paying for the communication. 
‘‘(4) USE AS DEFENSE TO ENFORCEMENT AC-
TION.—If, in a procedure or action brought by the 
Commission under section 309, a person who is al-
leged to have committed a violation of this Act which 
involves the making of a contribution which consists 
of a payment for a coordinated expenditure raises 
the use of a firewall or similar procedure as a de-
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502 
fense, the person shall provide the Commission 
with— 
‘‘(A) a copy of the signed and dated fire-
wall or procedure policy which applied to the 
person’s employees, consultants, or clients 
whose conduct is at issue in the procedure or 
action; and 
‘‘(B) a sworn, written affidavit of the em-
ployees, consultants, or clients who were subject 
to the policy that the terms, conditions, and re-
quirements of the policy were met. 
‘‘(e) COVERED COMMUNICATION DEFINED.— 
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, the term ‘covered communication’ means, with 
respect to a candidate or an authorized committee of 
a candidate, a public communication (as defined in 
section 301(22)) which— 
‘‘(A) expressly advocates the election of the 
candidate or the defeat of an opponent of the 
candidate (or contains the functional equivalent 
of express advocacy); 
‘‘(B) promotes or supports the election of 
the candidate, or attacks or opposes the election 
of an opponent of the candidate (regardless of 
whether the communication expressly advocates 
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503 
the election or defeat of a candidate or contains 
the functional equivalent of express advocacy); 
or 
‘‘(C) refers to the candidate or an oppo-
nent of the candidate but is not described in 
subparagraph (A) or subparagraph (B), but 
only if the communication is disseminated dur-
ing the applicable election period. 
‘‘(2) APPLICABLE ELECTION PERIOD.—In para-
graph (1)(C), the ‘applicable election period’ with re-
spect to a communication means— 
‘‘(A) in the case of a communication which 
refers to a candidate in a general, special, or 
runoff election, the 120-day period which ends 
on the date of the election; or 
‘‘(B) in the case of a communication which 
refers to a candidate in a primary or preference 
election, or convention or caucus of a political 
party that has authority to nominate a can-
didate, the 60-day period which ends on the 
date of the election or convention or caucus. 
‘‘(3) SPECIAL RULES FOR COMMUNICATIONS IN-
VOLVING
CONGRESSIONAL
CANDIDATES.—For pur-
poses of this subsection, a public communication 
shall not be considered to be a covered communica-
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504 
tion with respect to a candidate for election for an 
office other than the office of President or Vice 
President unless it is publicly disseminated or dis-
tributed in the jurisdiction of the office the can-
didate is seeking. 
‘‘(f) PENALTY.— 
‘‘(1) DETERMINATION OF AMOUNT.—Any per-
son who knowingly and willfully commits a violation 
of this Act which involves the making of a contribu-
tion which consists of a payment for a coordinated 
expenditure shall be fined an amount equal to the 
greater of— 
‘‘(A) in the case of a person who makes a 
contribution which consists of a payment for a 
coordinated expenditure in an amount exceeding 
the applicable contribution limit under this Act, 
300 percent of the amount by which the 
amount of the payment made by the person ex-
ceeds such applicable contribution limit; or 
‘‘(B) in the case of a person who is prohib-
ited under this Act from making a contribution 
in any amount, 300 percent of the amount of 
the payment made by the person for the coordi-
nated expenditure. 
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505 
‘‘(2) JOINT AND SEVERAL LIABILITY.—Any di-
rector, manager, or officer of a person who is subject 
to a penalty under paragraph (1) shall be jointly and 
severally liable for any amount of such penalty that 
is not paid by the person prior to the expiration of 
the 1-year period which begins on the date the Com-
mission imposes the penalty or the 1-year period 
which begins on the date of the final judgment fol-
lowing any judicial review of the Commission’s ac-
tion, whichever is later.’’. 
(c) EFFECTIVE DATE.— 
(1) REPEAL OF EXISTING REGULATIONS ON CO-
ORDINATION.—Effective upon the expiration of the 
90-day period which begins on the date of the enact-
ment of this Act— 
(A) the regulations on coordinated commu-
nications adopted by the Federal Election Com-
mission which are in effect on the date of the 
enactment of this Act (as set forth under the 
heading ‘‘Coordination’’ in subpart C of part 
109 of title 11, Code of Federal Regulations) 
are repealed; and 
(B) the Federal Election Commission shall 
promulgate new regulations on coordinated 
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506 
communications which reflect the amendments 
made by this Act. 
(2) EFFECTIVE DATE.—The amendments made 
by this section shall apply with respect to payments 
made on or after the expiration of the 120-day pe-
riod which begins on the date of the enactment of 
this Act, without regard to whether or not the Fed-
eral Election Commission has promulgated regula-
tions in accordance with paragraph (1)(B) as of the 
expiration of such period. 
Subtitle B—Restoring Integrity to 
America’s Elections 
SEC. 7101. SHORT TITLE. 
This subtitle may be cited as the ‘‘Restoring Integrity 
to America’s Elections Act’’. 
SEC. 7102. REVISION TO ENFORCEMENT PROCESS. 
(a) STANDARD FOR INITIATING INVESTIGATIONS AND 
DETERMINING
WHETHER
VIOLATIONS
HAVE
OC-
CURRED.— 
(1) REVISION OF STANDARDS.—Section 309(a) 
of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30109(a)) is amended by striking paragraphs 
(2) and (3) and inserting the following: 
‘‘(2)(A) The general counsel, upon receiving a com-
plaint filed with the Commission under paragraph (1) or 
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507 
upon the basis of information ascertained by the Commis-
sion in the normal course of carrying out its supervisory 
responsibilities, shall make a determination as to whether 
or not there is reason to believe that a person has com-
mitted, or is about to commit, a violation of this Act or 
chapter 95 or chapter 96 of the Internal Revenue Code 
of 1986, and as to whether or not the Commission should 
either initiate an investigation of the matter or that the 
complaint should be dismissed. The general counsel shall 
promptly provide notification to the Commission of such 
determination and the reasons therefore, together with 
any written response submitted under paragraph (1) by 
the person alleged to have committed the violation. Upon 
the expiration of the 30-day period which begins on the 
date the general counsel provides such notification, the 
general counsel’s determination shall take effect, unless 
during such 30-day period the Commission, by vote of a 
majority of the members of the Commission who are serv-
ing at the time, overrules the general counsel’s determina-
tion. If the determination by the general counsel that the 
Commission should investigate the matter takes effect, or 
if the determination by the general counsel that the com-
plaint should be dismissed is overruled as provided under 
the previous sentence, the general counsel shall initiate an 
investigation of the matter on behalf of the Commission. 
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508 
‘‘(B) If the Commission initiates an investigation 
pursuant to subparagraph (A), the Commission, through 
the Chair, shall notify the subject of the investigation of 
the alleged violation. Such notification shall set forth the 
factual basis for such alleged violation. The Commission 
shall make an investigation of such alleged violation, which 
may include a field investigation or audit, in accordance 
with the provisions of this section. The general counsel 
shall provide notification to the Commission of any intent 
to issue a subpoena or conduct any other form of discovery 
pursuant to the investigation. Upon the expiration of the 
15-day period which begins on the date the general counsel 
provides such notification, the general counsel may issue 
the subpoena or conduct the discovery, unless during such 
15-day period the Commission, by vote of a majority of 
the members of the Commission who are serving at the 
time, prohibits the general counsel from issuing the sub-
poena or conducting the discovery. 
‘‘(3)(A) Upon completion of an investigation under 
paragraph (2), the general counsel shall make a deter-
mination as to whether or not there is probable cause to 
believe that a person has committed, or is about to com-
mit, a violation of this Act or chapter 95 or chapter 96 
of the Internal Revenue Code of 1986, and shall promptly 
submit such determination to the Commission, and shall 
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509 
include with the determination a brief stating the position 
of the general counsel on the legal and factual issues of 
the case. 
‘‘(B) At the time the general counsel submits to the 
Commission the determination under subparagraph (A), 
the general counsel shall simultaneously notify the re-
spondent of such determination and the reasons therefore, 
shall provide the respondent with an opportunity to submit 
a brief within 30 days stating the position of the respond-
ent on the legal and factual issues of the case and replying 
to the brief of the general counsel. The general counsel 
shall promptly submit such brief to the Commission upon 
receipt. 
‘‘(C) Upon the expiration of the 30-day period which 
begins on the date the general counsel submits the deter-
mination to the Commission under subparagraph (A) (or, 
if the respondent submits a brief under subparagraph (B), 
upon the expiration of the 30-day period which begins on 
the date the general counsel submits the respondent’s brief 
to the Commission under such subparagraph), the general 
counsel’s determination shall take effect, unless during 
such 30-day period the Commission, by vote of a majority 
of the members of the Commission who are serving at the 
time, overrules the general counsel’s determination. If the 
determination by the general counsel that there is prob-
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510 
able cause to believe that a person has committed, or is 
about to commit, a violation of this Act or chapter 95 or 
chapter 96 of the Internal Revenue Code of 1986, or if 
the determination by the general counsel that there is not 
probable cause that a person has committed or is about 
to commit such a violation is overruled as provided under 
the previous sentence, for purposes of this subsection, the 
Commission shall be deemed to have determined that there 
is probable cause that the person has committed or is 
about to commit such a violation.’’. 
(2) CONFORMING
AMENDMENT
RELATING
TO 
INITIAL RESPONSE TO FILING OF COMPLAINT.—Sec-
tion 309(a)(1) of such Act (52 U.S.C. 30109(a)(1)) 
is amended— 
(A) in the third sentence, by striking ‘‘the 
Commission’’ and inserting ‘‘the general coun-
sel’’; and 
(B) by amending the fourth sentence to 
read as follows: ‘‘Not later than 15 days after 
receiving notice from the general counsel under 
the previous sentence, the person may provide 
the general counsel with a written response that 
no action should be taken against such person 
on the basis of the complaint.’’. 
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511 
(b) REVISION OF STANDARD FOR REVIEW OF DIS-
MISSAL OF COMPLAINTS.— 
(1) IN GENERAL.—Section 309(a)(8) of such 
Act (52 U.S.C. 30109(a)(8)) is amended to read as 
follows: 
‘‘(8)(A)(i) Any party aggrieved by an order of the 
Commission dismissing a complaint filed by such party 
may file a petition with the United States District Court 
for the District of Columbia. Any petition under this sub-
paragraph shall be filed within 60 days after the date on 
which the party received notice of the dismissal of the 
complaint. 
‘‘(ii) In any proceeding under this subparagraph, the 
court shall determine by de novo review whether the agen-
cy’s dismissal of the complaint is contrary to law. In any 
matter in which the penalty for the alleged violation is 
greater than $50,000, the court should disregard any 
claim or defense by the Commission of prosecutorial dis-
cretion as a basis for dismissing the complaint. 
‘‘(B)(i) Any party who has filed a complaint with the 
Commission and who is aggrieved by a failure of the Com-
mission, within one year after the filing of the complaint, 
to act on such complaint, may file a petition with the 
United States District Court for the District of Columbia. 
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512 
‘‘(ii) In any proceeding under this subparagraph, the 
court shall determine by de novo review whether the agen-
cy’s failure to act on the complaint is contrary to law. 
‘‘(C) In any proceeding under this paragraph the 
court may declare that the dismissal of the complaint or 
the failure to act is contrary to law, and may direct the 
Commission to conform with such declaration within 30 
days, failing which the complainant may bring, in the 
name of such complainant, a civil action to remedy the 
violation involved in the original complaint.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall apply— 
(A) in the case of complaints which are 
dismissed by the Federal Election Commission, 
with respect to complaints which are dismissed 
on or after the date of the enactment of this 
Act; and 
(B) in the case of complaints upon which 
the Federal Election Commission failed to act, 
with respect to complaints which were filed on 
or after the date of the enactment of this Act. 
(c) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act, the Federal Election 
Commission shall promulgate new regulations on the en-
forcement process under section 309 of the Federal Elec-
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513 
tion Campaign Act of 1971 (52 U.S.C. 30109) to take 
into account the amendments made by this section. 
SEC. 7103. OFFICIAL EXERCISING THE RESPONSIBILITIES 
OF THE GENERAL COUNSEL. 
Section 306(f)(1) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30106(f)(1)) is amended by add-
ing at the end the following new sentence: ‘‘In the event 
of a vacancy in the position of the General Counsel, the 
most senior attorney employed within the Office of the 
General Counsel at the time the vacancy arises shall exer-
cise all the responsibilities of the General Counsel until 
the vacancy is filled.’’. 
SEC. 7104. PERMITTING APPEARANCE AT HEARINGS ON RE-
QUESTS FOR ADVISORY OPINIONS BY PER-
SONS OPPOSING THE REQUESTS. 
(a) IN GENERAL.—Section 308 of such Act (52 
U.S.C. 30108) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(e) To the extent that the Commission provides an 
opportunity for a person requesting an advisory opinion 
under this section (or counsel for such person) to appear 
before the Commission to present testimony in support of 
the request, and the person (or counsel) accepts such op-
portunity, the Commission shall provide a reasonable op-
portunity for an interested party who submitted written 
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514 
comments under subsection (d) in response to the request 
(or counsel for such interested party) to appear before the 
Commission to present testimony in response to the re-
quest.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to requests for advi-
sory opinions under section 308 of the Federal Election 
Campaign Act of 1971 which are made on or after the 
date of the enactment of this Act. 
SEC. 7105. PERMANENT EXTENSION OF ADMINISTRATIVE 
PENALTY AUTHORITY. 
Section 309(a)(4)(C)(v) of the Federal Election Cam-
paign Act of 1971 (52 U.S.C. 30109(a)(4)(C)(v)) is 
amended by striking ‘‘, and that end on or before Decem-
ber 31, 2023’’. 
SEC. 7106. RESTRICTIONS ON EX PARTE COMMUNICATIONS. 
Section 306(e) of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30106(e)) is amended— 
(1) by striking ‘‘(e) The Commission’’ and in-
serting ‘‘(e)(1) The Commission’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) Members and employees of the Commission shall 
be subject to limitations on ex parte communications, as 
provided in the regulations promulgated by the Commis-
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sion regarding such communications which are in effect 
on the date of the enactment of this paragraph.’’. 
SEC. 7107. CLARIFYING AUTHORITY OF FEC ATTORNEYS TO 
REPRESENT FEC IN SUPREME COURT. 
(a) CLARIFYING AUTHORITY.—Section 306(f)(4) of 
the Federal Election Campaign Act of 1971 (52 U.S.C. 
30106(f)(4)) is amended by striking ‘‘any action instituted 
under this Act, either (A) by attorneys’’ and inserting 
‘‘any action instituted under this Act, including an action 
before the Supreme Court of the United States, either (A) 
by the General Counsel of the Commission and other at-
torneys’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to actions instituted 
before, on, or after the date of the enactment of this Act. 
SEC. 7108. REQUIRING FORMS TO PERMIT USE OF ACCENT 
MARKS. 
(a) REQUIREMENT.—Section 311(a)(1) of the Fed-
eral Election Campaign Act of 1971 (52 U.S.C. 
30111(a)(1)) is amended by striking the semicolon at the 
end and inserting the following: ‘‘, and shall ensure that 
all such forms (including forms in an electronic format) 
permit the person using the form to include an accent 
mark as part of the person’s identification;’’. 
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516 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect upon the expiration of the 
90-day period which begins on the date of the enactment 
of this Act. 
SEC. 7109. EXTENSION OF THE STATUTES OF LIMITATIONS 
FOR OFFENSES UNDER THE FEDERAL ELEC-
TION CAMPAIGN ACT OF 1971. 
(a) CIVIL OFFENSES.—Section 309(a) of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is 
amended by inserting after paragraph (9) the following 
new paragraph: 
‘‘(10) No person shall be subject to a civil penalty 
under this subsection with respect to a violation of this 
Act unless a complaint is filed with the Commission with 
respect to the violation under paragraph (1), or the Com-
mission responds to information with respect to the viola-
tion which is ascertained in the normal course of carrying 
out its supervisory responsibilities under paragraph (2), 
not later than 10 years after the date on which the viola-
tion occurred.’’. 
(b) CRIMINAL OFFENSES.—Section 406(a) of such 
Act (52 U.S.C. 30145(a)) is amended by striking ‘‘5 
years’’ and inserting ‘‘10 years’’. 
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(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to violations occurring 
on or after the date of enactment of this Act. 
SEC. 7110. EFFECTIVE DATE; TRANSITION. 
(a) IN GENERAL.—Except as otherwise provided, this 
subtitle and the amendments made by this subtitle shall 
take effect and apply on the date of the enactment of this 
Act, without regard to whether or not the Federal Election 
Commission has promulgated regulations to carry out this 
subtitle and the amendments made by this subtitle. 
(b) TRANSITION.— 
(1) NO EFFECT ON EXISTING CASES OR PRO-
CEEDINGS.—Nothing in this subtitle or in any 
amendment made by this subtitle shall affect any of 
the powers exercised by the Federal Election Com-
mission prior to the date of the enactment of this 
Act, including any investigation initiated by the 
Commission prior to such date or any proceeding 
(including any enforcement action) pending as of 
such date. 
(2) TREATMENT OF CERTAIN COMPLAINTS.—If, 
as of the date of the enactment of this Act, the Gen-
eral Counsel of the Federal Election Commission has 
not made any recommendation to the Commission 
under section 309(a) of the Federal Election Cam-
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518 
paign Act of 1971 (52 U.S.C. 30109) with respect 
to a complaint filed prior to the date of the enact-
ment of this Act, this subtitle and the amendments 
made by this subtitle shall apply with respect to the 
complaint in the same manner as this subtitle and 
the amendments made by this subtitle apply with re-
spect to a complaint filed on or after the date of the 
enactment of this Act. 
Subtitle C—Imposition of Fee for 
Reports Filed by Paper 
SEC. 7201. IMPOSITION OF FEE FOR REPORTS FILED BY 
PAPER. 
Section 304(a)(11)(A) of the Federal Election Cam-
paign Act of 1971 (52 U.S.C. 30104(a)(11)(A)) is amend-
ed— 
(1) by striking ‘‘and’’ at the end of clause (i); 
(2) by striking the period at the end of clause 
(ii) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
clause: 
‘‘(iii) shall be assessed a $20.00 filing fee for 
any designation, statement, or report under this Act 
filed by paper, with the fees received by the Commis-
sion under this clause deposited into the general 
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519 
fund of the Treasury for the purposes of deficit re-
duction.’’. 
TITLE VIII—CITIZEN 
EMPOWERMENT 
Subtitle A—Funding To Promote 
Democracy 
PART 1—PAYMENTS AND ALLOCATIONS TO 
STATES 
SEC. 8001. DEMOCRACY ADVANCEMENT AND INNOVATION 
PROGRAM. 
(a) ESTABLISHMENT.—There is established a pro-
gram to be known as the ‘‘Democracy Advancement and 
Innovation Program’’ under which the Director of the Of-
fice of Democracy Advancement and Innovation shall 
make allocations to each State for each fiscal year to carry 
out democracy promotion activities described in subsection 
(b). 
(b) 
DEMOCRACY
PROMOTION
ACTIVITIES
DE-
SCRIBED.—The democracy promotion activities described 
in this subsection are as follows: 
(1) Activities to promote innovation to improve 
efficiency and smooth functioning in the administra-
tion of elections for Federal office and to secure the 
infrastructure used in the administration of such 
elections, including making upgrades to voting 
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equipment and voter registration systems, securing 
voting locations, expanding polling places and the 
availability of early and mail voting, recruiting and 
training nonpartisan election officials, and pro-
moting cybersecurity. 
(2) Activities to ensure equitable access to de-
mocracy, including the following: 
(A) Enabling candidates who seek office in 
the State to receive payments as participating 
candidates under title V of the Federal Election 
Campaign Act of 1971 (as added by subtitle 
B), but only if the State will enable candidates 
to receive such payments during an entire elec-
tion cycle. 
(B) Operating a Democracy Credit Pro-
gram under part 1 of subtitle B, but only if the 
State will operate the program during an entire 
election cycle. 
(C) Other activities to ensure equitable ac-
cess to democracy, including administering a 
ranked-choice voting system and carrying out 
Congressional redistricting through independent 
commissions. 
(3) Activities to increase access to voting in 
elections for Federal office by underserved commu-
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521 
nities, individuals with disabilities, racial and lan-
guage minority groups, individuals entitled to vote 
by absentee ballot under the Uniformed and Over-
seas Citizens Absentee Voting Act, and voters resid-
ing in Indian lands. 
(c) PERMITTING STATES TO RETAIN AND RESERVE 
ALLOCATIONS FOR FUTURE USE.—A State may retain 
and reserve an allocation received for a fiscal year to carry 
out democracy promotion activities in any subsequent fis-
cal year. 
(d) REQUIRING SUBMISSION
AND APPROVAL
OF 
STATE PLAN.— 
(1) IN GENERAL.—A State shall receive an allo-
cation under the Program for a fiscal year if— 
(A) not later than 90 days before the first 
day of the fiscal year, the chief State election 
official of the State submits to the Director the 
State plan described in section 8002; and 
(B) not later than 45 days before the first 
day of the fiscal year, the Director, in consulta-
tion with the Election Assistance Commission 
and the Federal Election Commission as de-
scribed in paragraph (3), determines that the 
State plan will enable the State to carry out de-
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mocracy promotion activities and approves the 
plan. 
(2) SUBMISSION AND APPROVAL OF REVISED 
PLAN.—If the Director does not approve the State 
plan as submitted by the State under paragraph (1) 
with respect to a fiscal year, the State shall receive 
a payment under the Program for the fiscal year if, 
at any time prior to the end of the fiscal year— 
(A) the chief State election official of the 
State submits a revised version of the State 
plan; and 
(B) the Director, in consultation with the 
Election Assistance Commission and the Fed-
eral Election Commission as described in para-
graph (3), determines that the revised version 
of the State plan will enable the State to carry 
out democracy promotion activities and ap-
proves the plan. 
(3) ELECTION
ASSISTANCE
COMMISSION
AND 
FEDERAL ELECTION COMMISSION CONSULTATION.— 
With respect to a State plan submitted under para-
graph (1) or a revised plan submitted under para-
graph (2)— 
(A) the Director shall, prior to making a 
determination on approval of the plan, consult 
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523 
with the Election Assistance Commission with 
respect to the proposed State activities de-
scribed in subsection (b)(1) and with the Fed-
eral Election Commission with respect to the 
proposed State activities described in subsection 
(b)(2)(A) and (b)(2)(B); and 
(B) the Election Assistance Commission 
and the Federal Election Commission shall sub-
mit to the Director a written assessment with 
respect to whether the proposed activities of the 
plan satisfy the requirements of this Act. 
(4) CONSULTATION WITH LEGISLATURE.—The 
chief State election official of the State shall develop 
the State plan submitted under paragraph (1) and 
the revised plan submitted under paragraph (2) in 
consultation with the majority party and minority 
party leaders of each house of the State legislature. 
(e) STATE REPORT ON USE OF ALLOCATIONS.—Not 
later than 90 days after the last day of a fiscal year for 
which an allocation was made to the State under the Pro-
gram, the chief State election official of the State shall 
submit a report to the Director describing how the State 
used the allocation, including a description of the democ-
racy promotion activities the State carried out with the 
allocation. 
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524 
(f) PUBLIC AVAILABILITY OF INFORMATION.— 
(1) PUBLICLY AVAILABLE WEBSITE.—The Di-
rector shall make available on a publicly accessible 
website the following: 
(A) State plans submitted under para-
graph (1) of subsection (d) and revised plans 
submitted under paragraph (2) of subsection 
(d). 
(B) The Director’s notifications of deter-
minations with respect to such plans under sub-
section (d). 
(C) Reports submitted by States under 
subsection (e). 
(2) REDACTION.—The Director may redact in-
formation required to be made available under para-
graph (1) if the information would be properly with-
held from disclosure under section 552 of title 5, 
United States Code, or if the public disclosure of the 
information is otherwise prohibited by law. 
(g) EFFECTIVE DATE.—This section shall apply with 
respect to fiscal year 2025 and each succeeding fiscal year. 
SEC. 8002. STATE PLAN. 
(a) CONTENTS.—A State plan under this section with 
respect to a State is a plan containing each of the fol-
lowing: 
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(1) A description of the democracy promotion 
activities the State will carry out with the payment 
made under the Program. 
(2) A statement of whether or not the State in-
tends to retain and reserve the payment for future 
democracy promotion activities. 
(3) A description of how the State intends to 
allocate funds to carry out the proposed activities, 
which shall include the amount the State intends to 
allocate to each such activity, including (if applica-
ble) a specific allocation for— 
(A) activities described in subsection 
8001(b)(1) (relating to election administration); 
(B) 
activities 
described 
in 
section 
8001(b)(2)(A) (relating to payments to partici-
pating candidates in the State under title V of 
the Federal Election Campaign Act of 1971), 
together with the information required under 
subsection (c); 
(C) 
activities 
described 
in 
section 
8001(b)(2)(B) (relating to the operation of a 
Democracy Credit Program under part 1 of 
subtitle B); 
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526 
(D) 
activities 
described 
in 
section 
8001(b)(2)(C) (relating to other activities to en-
sure equitable access to democracy); and 
(E) 
activities 
described 
in 
section 
8001(b)(3) (relating to activities to increase ac-
cess to voting in elections for Federal office by 
certain communities). 
(4) A description of how the State will establish 
the fund described in subsection (b) for purposes of 
administering the democracy promotion activities 
which the State will carry out with the payment, in-
cluding information on fund management. 
(5) A description of the State-based administra-
tive complaint procedures established for purposes of 
section 8003(b). 
(6) A statement regarding whether the pro-
posed activities to be funded are permitted under 
State law, or whether the official intends to seek 
legal authorization for such activities. 
(b) REQUIREMENTS FOR FUND.— 
(1) FUND DESCRIBED.—For purposes of sub-
section (a)(4), a fund described in this subsection 
with respect to a State is a fund which is established 
in the treasury of the State government, which is 
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527 
used in accordance with paragraph (2), and which 
consists of the following amounts: 
(A) Amounts appropriated or otherwise 
made available by the State for carrying out the 
democracy promotion activities for which the 
payment is made to the State under the Pro-
gram. 
(B) The payment made to the State under 
the Program. 
(C) Such other amounts as may be appro-
priated under law. 
(D) Interest earned on deposits of the 
fund. 
(2) USE OF FUND.—Amounts in the fund shall 
be used by the State exclusively to carry out democ-
racy promotion activities for which the payment is 
made to the State under the Program. 
(3) TREATMENT
OF
STATES
THAT
REQUIRE 
CHANGES TO STATE LAW.—In the case of a State 
that requires State legislation to establish the fund 
described in this subsection, the Director shall defer 
disbursement of the payment to such State under 
the Program until such time as legislation estab-
lishing the fund is enacted. 
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