365 
SEC. 3003. INCORPORATION OF DEFINITIONS. 
(a) IN GENERAL.—Section 901 of the Help America 
Vote Act of 2002 (52 U.S.C. 21141), as amended by sec-
tion 1921(b)(1), is amended to read as follows: 
‘‘SEC. 901. DEFINITIONS. 
‘‘In this Act, the following definitions apply: 
‘‘(1) The term ‘cybersecurity incident’ has the 
meaning given the term ‘incident’ in section 227 of 
the Homeland Security Act of 2002 (6 U.S.C. 148). 
‘‘(2) The term ‘election infrastructure’ has the 
meaning given such term in section 3601 of the 
Election Security Act. 
‘‘(3) The term ‘State’ means each of the several 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, Guam, American Samoa, the United 
States Virgin Islands, and the Commonwealth of the 
Northern Mariana Islands.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended by amending the item relating to 
section 901 to read as follows: 
‘‘Sec. 901. Definitions.’’. 
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PART 2—GRANTS FOR RISK-LIMITING AUDITS OF 
RESULTS OF ELECTIONS 
SEC. 3011. GRANTS TO STATES FOR CONDUCTING RISK-LIM-
ITING AUDITS OF RESULTS OF ELECTIONS. 
(a) AVAILABILITY OF GRANTS.—Subtitle D of title 
II of the Help America Vote Act of 2002 (52 U.S.C. 
21001 et seq.), as amended by sections 1622(b) and 
3001(a), is amended by adding at the end the following 
new part: 
‘‘PART 9—GRANTS FOR CONDUCTING RISK- 
LIMITING AUDITS OF RESULTS OF ELECTIONS 
‘‘SEC. 299. GRANTS FOR CONDUCTING RISK-LIMITING AU-
DITS OF RESULTS OF ELECTIONS. 
‘‘(a) AVAILABILITY OF GRANTS.—The Commission 
shall make a grant to each eligible State to conduct risk- 
limiting audits as described in subsection (b) with respect 
to the regularly scheduled general elections for Federal of-
fice held in November 2022 and each succeeding election 
for Federal office. 
‘‘(b) RISK-LIMITING AUDITS DESCRIBED.—In this 
part, a ‘risk-limiting audit’ is a post-election process— 
‘‘(1) which is conducted in accordance with 
rules and procedures established by the chief State 
election official of the State which meet the require-
ments of subsection (c); and 
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‘‘(2) under which, if the reported outcome of 
the election is incorrect, there is at least a predeter-
mined percentage chance that the audit will replace 
the incorrect outcome with the correct outcome as 
determined by a full, hand-to-eye tabulation of all 
votes validly cast in that election that ascertains 
voter intent manually and directly from voter- 
verifiable paper records. 
‘‘(c) REQUIREMENTS
FOR
RULES
AND
PROCE-
DURES.—The rules and procedures established for con-
ducting a risk-limiting audit shall include the following 
elements: 
‘‘(1) Rules for ensuring the security of ballots 
and documenting that prescribed procedures were 
followed. 
‘‘(2) Rules and procedures for ensuring the ac-
curacy of ballot manifests produced by election agen-
cies. 
‘‘(3) Rules and procedures for governing the 
format of ballot manifests, cast vote records, and 
other data involved in the audit. 
‘‘(4) Methods to ensure that any cast vote 
records used in the audit are those used by the vot-
ing system to tally the election results sent to the 
chief State election official and made public. 
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‘‘(5) Procedures for the random selection of 
ballots to be inspected manually during each audit. 
‘‘(6) Rules for the calculations and other meth-
ods to be used in the audit and to determine wheth-
er and when the audit of an election is complete. 
‘‘(7) Procedures and requirements for testing 
any software used to conduct risk-limiting audits. 
‘‘(d) DEFINITIONS.—In this part, the following defi-
nitions apply: 
‘‘(1) The term ‘ballot manifest’ means a record 
maintained by each election agency that meets each 
of the following requirements: 
‘‘(A) The record is created without reliance 
on any part of the voting system used to tab-
ulate votes. 
‘‘(B) The record functions as a sampling 
frame for conducting a risk-limiting audit. 
‘‘(C) The record contains the following in-
formation with respect to the ballots cast and 
counted in the election: 
‘‘(i) The total number of ballots cast 
and counted by the agency (including 
undervotes, overvotes, and other invalid 
votes). 
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‘‘(ii) The total number of ballots cast 
in each election administered by the agency 
(including undervotes, overvotes, and other 
invalid votes). 
‘‘(iii) A precise description of the 
manner in which the ballots are physically 
stored, including the total number of phys-
ical groups of ballots, the numbering sys-
tem for each group, a unique label for each 
group, and the number of ballots in each 
such group. 
‘‘(2) The term ‘incorrect outcome’ means an 
outcome that differs from the outcome that would be 
determined by a full tabulation of all votes validly 
cast in the election, determining voter intent manu-
ally, directly from voter-verifiable paper records. 
‘‘(3) The term ‘outcome’ means the winner of 
an election, whether a candidate or a position. 
‘‘(4) The term ‘reported outcome’ means the 
outcome of an election which is determined accord-
ing to the canvass and which will become the official, 
certified outcome unless it is revised by an audit, re-
count, or other legal process. 
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‘‘SEC. 299A. ELIGIBILITY OF STATES. 
‘‘A State is eligible to receive a grant under this part 
if the State submits to the Commission, at such time and 
in such form as the Commission may require, an applica-
tion containing— 
‘‘(1) a certification that, not later than 5 years 
after receiving the grant, the State will conduct risk- 
limiting audits of the results of elections for Federal 
office held in the State as described in section 299; 
‘‘(2) a certification that, not later than one year 
after the date of the enactment of this section, the 
chief State election official of the State has estab-
lished or will establish the rules and procedures for 
conducting the audits which meet the requirements 
of section 299(c); 
‘‘(3) a certification that the audit shall be com-
pleted not later than the date on which the State 
certifies the results of the election; 
‘‘(4) a certification that, after completing the 
audit, the State shall publish a report on the results 
of the audit, together with such information as nec-
essary to confirm that the audit was conducted prop-
erly; 
‘‘(5) a certification that, if a risk-limiting audit 
conducted under this part leads to a full manual 
tally of an election, State law requires that the State 
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or election agency shall use the results of the full 
manual tally as the official results of the election; 
and 
‘‘(6) such other information and assurances as 
the Commission may require. 
‘‘SEC. 299B. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated for grants 
under this part $20,000,000 for fiscal year 2021, to re-
main available until expended.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of such Act, as amended by sections 1622(c) and 3001(b), 
is further amended by adding at the end of the items relat-
ing to subtitle D of title II the following: 
‘‘PART 9—GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS 
OF ELECTIONS 
‘‘Sec. 299. Grants for conducting risk-limiting audits of results of elec-
tions. 
‘‘Sec. 299A. Eligibility of States. 
‘‘Sec. 299B. Authorization of appropriations. 
SEC. 3012. GAO ANALYSIS OF EFFECTS OF AUDITS. 
(a) ANALYSIS.—Not later than 6 months after the 
first election for Federal office is held after grants are 
first awarded to States for conducting risk-limiting audits 
under part 9 of subtitle D of title II of the Help America 
Vote Act of 2002 (as added by section 3011) for con-
ducting risk-limiting audits of elections for Federal office, 
the Comptroller General of the United States shall con-
duct an analysis of the extent to which such audits have 
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improved the administration of such elections and the se-
curity of election infrastructure in the States receiving 
such grants. 
(b) REPORT.—The Comptroller General of the 
United States shall submit a report on the analysis con-
ducted under subsection (a) to the appropriate congres-
sional committees. 
PART 3—ELECTION INFRASTRUCTURE 
INNOVATION GRANT PROGRAM 
SEC. 
3021. 
ELECTION 
INFRASTRUCTURE 
INNOVATION 
GRANT PROGRAM. 
(a) IN GENERAL.—Title III of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 181 et seq.) is amended by 
adding at the end the following new section: 
‘‘SEC. 
321. 
ELECTION 
INFRASTRUCTURE 
INNOVATION 
GRANT PROGRAM. 
‘‘(a) 
ESTABLISHMENT.—The 
Secretary, 
acting 
through the Under Secretary for Science and Technology, 
in coordination with the Chairman of the Election Assist-
ance Commission (established pursuant to the Help Amer-
ica Vote Act of 2002) and in consultation with the Direc-
tor of the National Science Foundation and the Director 
of the National Institute of Standards and Technology, 
shall establish a competitive grant program to award 
grants to eligible entities, on a competitive basis, for pur-
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poses of research and development that are determined to 
have the potential to significantly improve the security (in-
cluding cybersecurity), quality, reliability, accuracy, acces-
sibility, and affordability of election infrastructure, and in-
crease voter participation. 
‘‘(b) REPORT TO CONGRESS.—Not later than 90 days 
after the conclusion of each fiscal year for which grants 
are awarded under this section, the Secretary shall submit 
to the Committee on Homeland Security and the Com-
mittee on House Administration of the House of Rep-
resentatives and the Committee on Homeland Security 
and Governmental Affairs and the Committee on Rules 
and Administration of the Senate a report describing such 
grants and analyzing the impact, if any, of such grants 
on the security and operation of election infrastructure, 
and on voter participation. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Secretary 
$20,000,000 for each of fiscal years 2021 through 2029 
for purposes of carrying out this section. 
‘‘(d) ELIGIBLE ENTITY DEFINED.—In this section, 
the term ‘eligible entity’ means— 
‘‘(1) an institution of higher education (as such 
term is defined in section 101(a) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001(a)), including 
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an institution of higher education that is a histori-
cally Black college or university (which has the 
meaning given the term ‘‘part B institution’’ in sec-
tion 322 of such Act (20 U.S.C. 1061)) or other mi-
nority-serving institution listed in section 371(a) of 
such Act (20 U.S.C. 1067q(a)); 
‘‘(2) an organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 and 
exempt from tax under section 501(a) of such Code; 
or 
‘‘(3) an organization, association, or a for-profit 
company, including a small business concern (as 
such term is described in section 3 of the Small 
Business Act (15 U.S.C. 632)), including a small 
business concern owned and controlled by socially 
and economically disadvantaged individuals (as such 
term is defined in section 8(d)(3)(C) of the Small 
Business Act (15 U.S.C. 637(d)(3)(C)).’’. 
(b) DEFINITION.—Section 2 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 101) is amended— 
(1) by redesignating paragraphs (6) through 
(20) as paragraphs (7) through (21), respectively; 
and 
(2) by inserting after paragraph (5) the fol-
lowing new paragraph: 
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‘‘(6) ELECTION INFRASTRUCTURE.—The term 
‘election infrastructure’ means storage facilities, 
polling places, and centralized vote tabulation loca-
tions used to support the administration of elections 
for public office, as well as related information and 
communications technology, including voter registra-
tion databases, voting machines, electronic mail and 
other communications systems (including electronic 
mail and other systems of vendors who have entered 
into contracts with election agencies to support the 
administration of elections, manage the election 
process, and report and display election results), and 
other systems used to manage the election process 
and to report and display election results on behalf 
of an election agency.’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 
320 the following new item: 
‘‘Sec. 321. Election infrastructure innovation grant program.’’. 
Subtitle B—Security Measures 
SEC. 3101. 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. 
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SEC. 3102. TIMELY THREAT INFORMATION. 
Subsection (d) of section 201 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 121) is amended by adding 
at the end the following new paragraph: 
‘‘(24) To provide timely threat information re-
garding election infrastructure to the chief State 
election official of the State with respect to which 
such information pertains.’’. 
SEC. 3103. SECURITY CLEARANCE ASSISTANCE FOR ELEC-
TION OFFICIALS. 
In order to promote the timely sharing of information 
on threats to election infrastructure, the Secretary may— 
(1) help expedite a security clearance for the 
chief State election official and other appropriate 
State personnel involved in the administration of 
elections, as designated by the chief State election 
official; 
(2) sponsor a security clearance for the chief 
State election official and other appropriate State 
personnel involved in the administration of elections, 
as designated by the chief State election official; and 
(3) facilitate the issuance of a temporary clear-
ance to the chief State election official and other ap-
propriate State personnel involved in the administra-
tion of elections, as designated by the chief State 
election official, if the Secretary determines classi-
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fied information to be timely and relevant to the 
election infrastructure of the State at issue. 
SEC. 3104. SECURITY RISK AND VULNERABILITY ASSESS-
MENTS. 
(a) IN GENERAL.—Paragraph (6) of section 2209(c) 
of the Homeland Security Act of 2002 (6 U.S.C. 659(c)) 
is amended by inserting ‘‘(including by carrying out a se-
curity risk and vulnerability assessment)’’ after ‘‘risk 
management support’’. 
(b) PRIORITIZATION TO ENHANCE ELECTION SECU-
RITY.— 
(1) IN GENERAL.—Not later than 90 days after 
receiving a written request from a chief State elec-
tion official, the Secretary shall, to the extent prac-
ticable, commence a security risk and vulnerability 
assessment (pursuant to paragraph (6) of section 
2209(c) of the Homeland Security Act of 2002, as 
amended by subsection (a)) on election infrastruc-
ture in the State at issue. 
(2) NOTIFICATION.—If the Secretary, upon re-
ceipt of a request described in paragraph (1), deter-
mines that a security risk and vulnerability assess-
ment referred to in such paragraph cannot be com-
menced within 90 days, the Secretary shall expedi-
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tiously notify the chief State election official who 
submitted such request. 
SEC. 3105. ANNUAL REPORTS. 
(a) REPORTS ON ASSISTANCE AND ASSESSMENTS.— 
Not later than one year after the date of the enactment 
of this Act and annually thereafter through 2028, the Sec-
retary shall submit to the appropriate congressional com-
mittees— 
(1) efforts to carry out section 3103 during the 
prior year, including specific information regarding 
which States were helped, how many officials have 
been helped in each State, how many security clear-
ances have been sponsored in each State, and how 
many temporary clearances have been issued in each 
State; and 
(2) efforts to carry out section 3104 during the 
prior year, including specific information regarding 
which States were helped, the dates on which the 
Secretary received a request for a security risk and 
vulnerability assessment referred to in such section, 
the dates on which the Secretary commenced each 
such request, and the dates on which the Secretary 
transmitted a notification in accordance with sub-
section (b)(2) of such section. 
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(b) REPORTS
ON FOREIGN THREATS.—Not later 
than 90 days after the end of each fiscal year (beginning 
with fiscal year 2021), the Secretary and the Director of 
National Intelligence, in coordination with the heads of 
appropriate offices of the Federal Government, shall sub-
mit to the appropriate congressional committees a joint 
report on foreign threats, including physical and cyberse-
curity threats, to elections in the United States. 
(c) INFORMATION FROM STATES.—For purposes of 
preparing the reports required under this section, the Sec-
retary shall solicit and consider information and comments 
from States and election agencies, except that the provi-
sion of such information and comments by a State or elec-
tion agency shall be voluntary and at the discretion of the 
State or election agency. 
SEC. 3106. PRE-ELECTION THREAT ASSESSMENTS. 
(a) SUBMISSION
OF ASSESSMENT
BY DNI.—Not 
later than 180 days before the date of each regularly 
scheduled general election for Federal office, the Director 
of National Intelligence shall submit an assessment of the 
full scope of threats, including cybersecurity threats posed 
by state actors and terrorist groups, to election infrastruc-
ture and recommendations to address or mitigate such 
threats, as developed by the Secretary and Chairman, to— 
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(1) the chief State election official of each 
State; 
(2) the appropriate congressional committees; 
and 
(3) any other relevant congressional commit-
tees. 
(b) UPDATES TO INITIAL ASSESSMENTS.—If, at any 
time after submitting an assessment with respect to an 
election under subsection (a), the Director of National In-
telligence determines that the assessment should be up-
dated to reflect new information regarding the threats in-
volved, the Director shall submit a revised assessment 
under such subsection. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘Chairman’’ means the chair of 
the Election Assistance Commission. 
(2) The term ‘‘chief State election official’’ 
means, with respect to a State, the individual des-
ignated by the State under section 10 of the Na-
tional Voter Registration Act of 1993 (52 U.S.C. 
20509) to be responsible for coordination of the 
State’s responsibilities under such Act. 
(3) The term ‘‘election infrastructure’’ means 
storage facilities, polling places, and centralized vote 
tabulation locations used to support the administra-
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tion of elections for public office, as well as related 
information and communications technology, includ-
ing voter registration databases, voting machines, 
electronic mail and other communications systems 
(including electronic mail and other systems of ven-
dors who have entered into contracts with election 
agencies to support the administration of elections, 
manage the election process, and report and display 
election results), and other systems used to manage 
the election process and to report and display elec-
tion results on behalf of an election agency. 
(4) The term ‘‘Secretary’’ means the Secretary 
of Homeland Security. 
(5) The term ‘‘State’’ has the meaning given 
such term in section 901 of the Help America Vote 
Act of 2002 (52 U.S.C. 21141). 
(d) EFFECTIVE DATE.—This subtitle shall apply with 
respect to the regularly scheduled general election for Fed-
eral office held in November 2022 and each succeeding 
regularly scheduled general election for Federal office. 
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Subtitle C—Enhancing Protections 
for United States Democratic In-
stitutions 
SEC. 3201. NATIONAL STRATEGY TO PROTECT UNITED 
STATES DEMOCRATIC INSTITUTIONS. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the President, acting 
through the Secretary, in consultation with the Chairman, 
the Secretary of Defense, the Secretary of State, the At-
torney General, the Secretary of Education, the Director 
of National Intelligence, the Chairman of the Federal 
Election Commission, and the heads of any other appro-
priate Federal agencies, shall issue a national strategy to 
protect against cyber attacks, influence operations, 
disinformation campaigns, and other activities that could 
undermine the security and integrity of United States 
democratic institutions. 
(b) CONSIDERATIONS.—The national strategy re-
quired under subsection (a) shall include consideration of 
the following: 
(1) The threat of a foreign state actor, foreign 
terrorist organization (as designated pursuant to 
section 219 of the Immigration and Nationality Act 
(8 U.S.C. 1189)), or a domestic actor carrying out 
a cyber attack, influence operation, disinformation 
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383 
campaign, or other activity aimed at undermining 
the security and integrity of United States demo-
cratic institutions. 
(2) The extent to which United States demo-
cratic institutions are vulnerable to a cyber attack, 
influence operation, disinformation campaign, or 
other activity aimed at undermining the security and 
integrity of such democratic institutions. 
(3) Potential consequences, such as an erosion 
of public trust or an undermining of the rule of law, 
that could result from a successful cyber attack, in-
fluence operation, disinformation campaign, or other 
activity aimed at undermining the security and in-
tegrity of United States democratic institutions. 
(4) Lessons learned from other governments the 
institutions of which were subject to a cyber attack, 
influence operation, disinformation campaign, or 
other activity aimed at undermining the security and 
integrity of such institutions, as well as actions that 
could be taken by the United States Government to 
bolster collaboration with foreign partners to detect, 
deter, prevent, and counter such activities. 
(5) Potential impacts, such as an erosion of 
public trust in democratic institutions, as could be 
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associated with a successful cyber breach or other 
activity negatively affecting election infrastructure. 
(6) Roles and responsibilities of the Secretary, 
the Chairman, and the heads of other Federal enti-
ties and non-Federal entities, including chief State 
election officials and representatives of multi-state 
information sharing and analysis centers. 
(7) Any findings, conclusions, and recommenda-
tions to strengthen protections for United States 
democratic institutions that have been agreed to by 
a majority of Commission members on the National 
Commission to Protect United States Democratic 
Institutions, authorized pursuant to section 3202. 
(c) IMPLEMENTATION PLAN.—Not later than 90 
days after the issuance of the national strategy required 
under subsection (a), the President, acting through the 
Secretary, in coordination with the Chairman, shall issue 
an implementation plan for Federal efforts to implement 
such strategy that includes the following: 
(1) Strategic objectives and corresponding 
tasks. 
(2) Projected timelines and costs for the tasks 
referred to in paragraph (1). 
(3) Metrics to evaluate performance of such 
tasks. 
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(d) CLASSIFICATION.—The national strategy re-
quired under subsection (a) shall be in unclassified form. 
(e) CIVIL RIGHTS REVIEW.—Not later than 60 days 
after the issuance of the national strategy required under 
subsection (a), and not later than 60 days after the 
issuance of the implementation plan required under sub-
section (c), the Privacy and Civil Liberties Oversight 
Board (established under section 1061 of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 
2000ee)) shall submit to Congress a report on any poten-
tial privacy and civil liberties impacts of such strategy and 
implementation plan, respectively. 
SEC. 3202. NATIONAL COMMISSION TO PROTECT UNITED 
STATES DEMOCRATIC INSTITUTIONS. 
(a) ESTABLISHMENT.—There is established within 
the legislative branch the National Commission to Protect 
United States Democratic Institutions (in this section re-
ferred to as the ‘‘Commission’’). 
(b) PURPOSE.—The purpose of the Commission is to 
counter efforts to undermine democratic institutions with-
in the United States. 
(c) COMPOSITION.— 
(1) MEMBERSHIP.—The Commission shall be 
composed of 10 members appointed for the life of 
the Commission as follows: 
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(A) One member shall be appointed by the 
Secretary. 
(B) One member shall be appointed by the 
Chairman. 
(C) Two members shall be appointed by 
the majority leader of the Senate, in consulta-
tion with the Chairman of the Committee on 
Homeland Security and Governmental Affairs, 
the Chairman of the Committee on the Judici-
ary, and the Chairman of the Committee on 
Rules and Administration. 
(D) Two members shall be appointed by 
the minority leader of the Senate, in consulta-
tion with the ranking minority member of the 
Committee on Homeland Security and Govern-
mental Affairs, the ranking minority member of 
the Committee on the Judiciary, and the rank-
ing minority member of the Committee on 
Rules and Administration. 
(E) Two members shall be appointed by 
the Speaker of the House of Representatives, in 
consultation with the Chairman of the Com-
mittee on Homeland Security, the Chairman of 
the Committee on House Administration, and 
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the Chairman of the Committee on the Judici-
ary. 
(F) Two members shall be appointed by 
the minority leader of the House of Representa-
tives, in consultation with the ranking minority 
member of the Committee on Homeland Secu-
rity, the ranking minority member of the Com-
mittee on the Judiciary, and the ranking minor-
ity member of the Committee on House Admin-
istration. 
(2) QUALIFICATIONS.—Individuals shall be se-
lected for appointment to the Commission solely on 
the basis of their professional qualifications, achieve-
ments, public stature, experience, and expertise in 
relevant fields, including cybersecurity, national se-
curity, and the Constitution of the United States. 
(3) NO COMPENSATION FOR SERVICE.—Mem-
bers may not receive compensation for service on the 
Commission, but shall receive travel expenses, in-
cluding per diem in lieu of subsistence, in accord-
ance with chapter 57 of title 5, United States Code. 
(4) DEADLINE FOR APPOINTMENT.—All mem-
bers of the Commission shall be appointed not later 
than 60 days after the date of the enactment of this 
Act. 
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(5) VACANCIES.—A vacancy on the Commission 
shall not affect its powers and shall be filled in the 
manner in which the original appointment was 
made. The appointment of the replacement member 
shall be made not later than 60 days after the date 
on which the vacancy occurs. 
(d) CHAIR AND VICE CHAIR.—The Commission shall 
elect a Chair and Vice Chair from among its members. 
(e) QUORUM AND MEETINGS.— 
(1) QUORUM.—The Commission shall meet and 
begin the operations of the Commission not later 
than 30 days after the date on which all members 
have been appointed or, if such meeting cannot be 
mutually agreed upon, on a date designated by the 
Speaker of the House of Representatives and the 
President pro Tempore of the Senate. Each subse-
quent meeting shall occur upon the call of the Chair 
or a majority of its members. A majority of the 
members of the Commission shall constitute a 
quorum, but a lesser number may hold meetings. 
(2) AUTHORITY OF INDIVIDUALS TO ACT FOR 
COMMISSION.—Any member of the Commission may, 
if authorized by the Commission, take any action 
that the Commission is authorized to take under this 
section. 
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(f) POWERS.— 
(1) HEARINGS AND EVIDENCE.—The Commis-
sion (or, on the authority of the Commission, any 
subcommittee or member thereof) may, for the pur-
pose of carrying out this section, hold hearings and 
sit and act at such times and places, take such testi-
mony, receive such evidence, and administer such 
oaths as the Commission considers advisable to 
carry out its duties. 
(2) CONTRACTING.—The Commission may, to 
such extent and in such amounts as are provided in 
appropriation Acts, enter into contracts to enable 
the Commission to discharge its duties under this 
section. 
(g) ASSISTANCE FROM FEDERAL AGENCIES.— 
(1) GENERAL
SERVICES
ADMINISTRATION.— 
The Administrator of General Services shall provide 
to the Commission on a reimbursable basis adminis-
trative support and other services for the perform-
ance of the Commission’s functions. 
(2) OTHER DEPARTMENTS AND AGENCIES.—In 
addition to the assistance provided under paragraph 
(1), the Department of Homeland Security, the 
Election Assistance Commission, and other appro-
priate departments and agencies of the United 
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States shall provide to the Commission such serv-
ices, funds, facilities, and staff as they may deter-
mine advisable and as may be authorized by law. 
(h) PUBLIC MEETINGS.—Any public meetings of the 
Commission shall be conducted in a manner consistent 
with the protection of information provided to or developed 
for or by the Commission as required by any applicable 
statute, regulation, or Executive order. 
(i) SECURITY CLEARANCES.— 
(1) IN
GENERAL.—The heads of appropriate 
departments and agencies of the executive branch 
shall cooperate with the Commission to expeditiously 
provide Commission members and staff with appro-
priate security clearances to the extent possible 
under applicable procedures and requirements. 
(2) PREFERENCES.—In appointing staff, ob-
taining detailees, and entering into contracts for the 
provision of services for the Commission, the Com-
mission shall give preference to individuals who have 
active security clearances. 
(j) REPORTS.— 
(1) INTERIM REPORTS.—At any time prior to 
the submission of the final report under paragraph 
(2), the Commission may submit interim reports to 
the President and Congress containing such find-
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ings, conclusions, and recommendations to strength-
en protections for democratic institutions in the 
United States as have been agreed to by a majority 
of the members of the Commission. 
(2) FINAL REPORT.—Not later than 18 months 
after the date of the first meeting of the Commis-
sion, the Commission shall submit to the President 
and Congress a final report containing such find-
ings, conclusions, and recommendations to strength-
en protections for democratic institutions in the 
United States as have been agreed to by a majority 
of the members of the Commission. 
(k) TERMINATION.— 
(1) IN GENERAL.—The Commission shall termi-
nate upon the expiration of the 60-day period which 
begins on the date on which the Commission submits 
the final report required under subsection (j)(2). 
(2) ADMINISTRATIVE
ACTIVITIES
PRIOR
TO 
TERMINATION.—During the 60-day period referred 
to in paragraph (1), the Commission may carry out 
such administrative activities as may be required to 
conclude its work, including providing testimony to 
committees of Congress concerning the final report 
and disseminating the final report. 
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Subtitle D—Promoting Cybersecu-
rity Through Improvements in 
Election Administration 
SEC. 3301. TESTING OF EXISTING VOTING SYSTEMS TO EN-
SURE COMPLIANCE WITH ELECTION CYBER-
SECURITY GUIDELINES AND OTHER GUIDE-
LINES. 
(a) REQUIRING TESTING OF EXISTING VOTING SYS-
TEMS.— 
(1) IN GENERAL.—Section 231(a) of the Help 
America Vote Act of 2002 (52 U.S.C. 20971(a)) is 
amended by adding at the end the following new 
paragraph: 
‘‘(3) TESTING TO ENSURE COMPLIANCE WITH 
GUIDELINES.— 
‘‘(A) TESTING.—Not later than 9 months 
before the date of each regularly scheduled gen-
eral election for Federal office, the Commission 
shall provide for the testing by accredited lab-
oratories under this section of the voting system 
hardware and software which was certified for 
use in the most recent such election, on the 
basis of the most recent voting system guide-
lines applicable to such hardware or software 
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(including election cybersecurity guidelines) 
issued under this Act. 
‘‘(B) DECERTIFICATION OF HARDWARE OR 
SOFTWARE FAILING TO MEET GUIDELINES.—If, 
on the basis of the testing described in subpara-
graph (A), the Commission determines that any 
voting system hardware or software does not 
meet the most recent guidelines applicable to 
such hardware or software issued under this 
Act, the Commission shall decertify such hard-
ware or software.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to the reg-
ularly scheduled general election for Federal office 
held in November 2022 and each succeeding regu-
larly scheduled general election for Federal office. 
(b) ISSUANCE OF CYBERSECURITY GUIDELINES BY 
TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE.— 
Section 221(b) of the Help America Vote Act of 2002 (52 
U.S.C. 20961(b)) is amended by adding at the end the 
following new paragraph: 
‘‘(3) 
ELECTION
CYBERSECURITY
GUIDE-
LINES.—Not later than 6 months after the date of 
the enactment of this paragraph, the Development 
Committee shall issue election cybersecurity guide-
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lines, including standards and best practices for pro-
curing, maintaining, testing, operating, and updat-
ing election systems to prevent and deter cybersecu-
rity incidents.’’. 
SEC. 3302. TREATMENT OF ELECTRONIC POLL BOOKS AS 
PART OF VOTING SYSTEMS. 
(a) INCLUSION
IN DEFINITION
OF VOTING SYS-
TEM.—Section 301(b) of the Help America Vote Act of 
2002 (52 U.S.C. 21081(b)) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘this section’’ and inserting ‘‘this Act’’; 
(2) by striking ‘‘and’’ at the end of paragraph 
(1); 
(3) by redesignating paragraph (2) as para-
graph (3); and 
(4) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) any electronic poll book used with respect 
to the election; and’’. 
(b) DEFINITION.—Section 301 of such Act (52 
U.S.C. 21081) is amended— 
(1) by redesignating subsections (d) and (d) as 
subsections (d) and (e); and 
(2) by inserting after subsection (b) the fol-
lowing new subsection: 
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395 
‘‘(c) ELECTRONIC POLL BOOK DEFINED.—In this 
Act, the term ‘electronic poll book’ means the total com-
bination of mechanical, electromechanical, or electronic 
equipment (including the software, firmware, and docu-
mentation required to program, control, and support the 
equipment) that is used— 
‘‘(1) to retain the list of registered voters at a 
polling location, or vote center, or other location at 
which voters cast votes in an election for Federal of-
fice; and 
‘‘(2) to identify registered voters who are eligi-
ble to vote in an election.’’. 
(c) EFFECTIVE DATE.—Section 301(e) of such Act 
(52 U.S.C. 21081(e)), as redesignated by subsection (b), 
is amended by striking the period at the end and inserting 
the following: ‘‘, or, with respect to any requirements re-
lating to electronic poll books, on and after January 1, 
2022.’’. 
SEC. 3303. 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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‘‘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. 
‘‘(b) EFFECTIVE DATE.—Subsection (a) shall apply 
with respect to the regularly scheduled general election for 
Federal office held in November 2022 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.’’. 
SEC. 3304. STREAMLINING COLLECTION OF ELECTION IN-
FORMATION. 
Section 202 of the Help America Vote Act of 2002 
(52 U.S.C. 20922) is amended— 
(1) by striking ‘‘The Commission’’ and insert-
ing ‘‘(a) IN GENERAL.—The Commission’’; and 
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(2) by adding at the end the following new sub-
section: 
‘‘(b) WAIVER OF CERTAIN REQUIREMENTS.—Sub-
chapter I of chapter 35 of title 44, United States Code, 
shall not apply to the collection of information for pur-
poses of maintaining the clearinghouse described in para-
graph (1) of subsection (a).’’. 
Subtitle E—Preventing Election 
Hacking 
SEC. 3401. SHORT TITLE. 
This subtitle may be cited as the ‘‘Prevent Election 
Hacking Act of 2021’’. 
SEC. 3402. ELECTION SECURITY BUG BOUNTY PROGRAM. 
(a) ESTABLISHMENT.—Not later than one year after 
the date of the enactment of this Act, the Secretary shall 
establish a program to be known as the ‘‘Election Security 
Bug Bounty Program’’ (in this subtitle referred to as the 
‘‘Program’’) to improve the cybersecurity of the systems 
used to administer elections for Federal office by facili-
tating and encouraging assessments by independent tech-
nical experts, in cooperation with State and local election 
officials and election service providers, to identify and re-
port election cybersecurity vulnerabilities. 
(b) VOLUNTARY PARTICIPATION BY ELECTION OFFI-
CIALS AND ELECTION SERVICE PROVIDERS.— 
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398 
(1) NO REQUIREMENT TO PARTICIPATE IN PRO-
GRAM.—Participation in the Program shall be en-
tirely voluntary for State and local election officials 
and election service providers. 
(2) ENCOURAGING PARTICIPATION AND INPUT 
FROM ELECTION OFFICIALS.—In developing the Pro-
gram, the Secretary shall solicit input from, and en-
courage participation by, State and local election of-
ficials. 
(c) ACTIVITIES FUNDED.—In establishing and car-
rying out the Program, the Secretary shall— 
(1) establish a process for State and local elec-
tion officials and election service providers to volun-
tarily participate in the Program; 
(2) designate appropriate information systems 
to be included in the Program; 
(3) provide compensation to eligible individuals, 
organizations, and companies for reports of pre-
viously unidentified security vulnerabilities within 
the information systems designated under paragraph 
(2) and establish criteria for individuals, organiza-
tions, and companies to be considered eligible for 
such compensation in compliance with Federal laws; 
(4) consult with the Attorney General on how 
to ensure that approved individuals, organizations, 
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and companies that comply with the requirements of 
the Program are protected from prosecution under 
section 1030 of title 18, United States Code, and 
similar provisions of law, and from liability under 
civil actions for specific activities authorized under 
the Program; 
(5) consult with the Secretary of Defense and 
the heads of other departments and agencies that 
have implemented programs to provide compensation 
for reports of previously undisclosed vulnerabilities 
in information systems, regarding lessons that may 
be applied from such programs; 
(6) develop an expeditious process by which an 
individual, organization, or company can register 
with the Department, submit to a background check 
as determined by the Department, and receive a de-
termination regarding eligibility for participation in 
the Program; and 
(7) engage qualified interested persons, includ-
ing representatives of private entities, about the 
structure of the Program and, to the extent prac-
ticable, establish a recurring competition for inde-
pendent technical experts to assess election systems 
for the purpose of identifying and reporting election 
cybersecurity vulnerabilities. 
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400 
(d) USE OF SERVICE PROVIDERS.—The Secretary 
may award competitive contracts as necessary to manage 
the Program. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘Department’’ means the Depart-
ment of Homeland Security. 
(2) The terms ‘‘election’’ and ‘‘Federal office’’ 
have the meanings given such terms in section 301 
of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30101). 
(3) The term ‘‘election cybersecurity vulner-
ability’’ means any security vulnerability that affects 
an election system. 
(4) The term ‘‘election infrastructure’’ has the 
meaning given such term in paragraph (6) of section 
2 of the Homeland Security Act of 2002 (6 U.S.C. 
101), as added by section 3021 of this title. 
(5) The term ‘‘election service provider’’ means 
any person providing, supporting, or maintaining an 
election system on behalf of a State or local election 
official, such as a contractor or vendor. 
(6) The term ‘‘election system’’ means any in-
formation system which is part of an election infra-
structure. 
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401 
(7) The term ‘‘information system’’ has the 
meaning given such term in section 3502 of title 44, 
United States Code. 
(8) The term ‘‘Secretary’’ means the Secretary 
of Homeland Security, or, upon designation by the 
Secretary of Homeland Security, the Deputy Sec-
retary of Homeland Security, the Director of Cyber-
security and Infrastructure Security of the Cyberse-
curity and Infrastructure Security Agency of the De-
partment of Homeland Security, or a Senate-con-
firmed official who reports to the Director. 
(9) The term ‘‘security vulnerability’’ has the 
meaning given such term in section 102 of the Cy-
bersecurity Information Sharing Act of 2015 (6 
U.S.C. 1501). 
(10) The term ‘‘State’’ means each of the sev-
eral States, the District of Columbia, the Common-
wealth of Puerto Rico, Guam, American Samoa, the 
Commonwealth of Northern Mariana Islands, and 
the United States Virgin Islands. 
(11) The term ‘‘voting system’’ has the mean-
ing given such term in section 301(b) of the Help 
America Vote Act of 2002 (52 U.S.C. 21081(b)). 
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Subtitle F—Election Security 
Grants Advisory Committee 
SEC. 3501. ESTABLISHMENT OF ADVISORY COMMITTEE. 
(a) IN GENERAL.—Subtitle A of title II of the Help 
America Vote Act of 2002 (52 U.S.C. 20921 et seq.) is 
amended by adding at the end the following: 
‘‘PART 4—ELECTION SECURITY GRANTS 
ADVISORY COMMITTEE 
‘‘SEC. 225. ELECTION SECURITY GRANTS ADVISORY COM-
MITTEE. 
‘‘(a) ESTABLISHMENT.—There is hereby established 
an advisory committee (hereinafter in this part referred 
to as the ‘Committee’) to assist the Commission with re-
spect to the award of grants to States under this Act for 
the purpose of election security. 
‘‘(b) DUTIES.— 
‘‘(1) IN GENERAL.—The Committee shall, with 
respect to an application for a grant received by the 
Commission— 
‘‘(A) review such application; and 
‘‘(B) 
recommend 
to 
the 
Commission 
whether to award the grant to the applicant. 
‘‘(2) CONSIDERATIONS.—In reviewing an appli-
cation pursuant to paragraph (1)(A), the Committee 
shall consider— 
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‘‘(A) the record of the applicant with re-
spect to— 
‘‘(i) compliance of the applicant with 
the requirements under subtitle A of title 
III; and 
‘‘(ii) adoption of voluntary guidelines 
issued by the Commission under subtitle B 
of title III; and 
‘‘(B) the goals and requirements of elec-
tion security as described in title III of the For 
the People Act. 
‘‘(c) MEMBERSHIP.—The Committee shall be com-
posed of 15 individuals appointed by the Executive Direc-
tor of the Commission with experience and expertise in 
election security. 
‘‘(d) NO COMPENSATION FOR SERVICE.—Members of 
the Committee shall not receive any compensation for 
their service, but shall be paid travel expenses, including 
per diem in lieu of subsistence, at rates authorized for em-
ployees of agencies under subchapter I of chapter 57 of 
title 5, United States Code, while away from their homes 
or regular places of business in the performance of services 
for the Committee.’’. 
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(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 1 year after the date of enact-
ment of this Act. 
Subtitle G—Miscellaneous 
Provisions 
SEC. 3601. DEFINITIONS. 
Except as provided in section 3402, in this title, the 
following definitions apply: 
(1) The term ‘‘Chairman’’ means the chair of 
the Election Assistance Commission. 
(2) The term ‘‘appropriate congressional com-
mittees’’ means the Committees on Homeland Secu-
rity and House Administration of the House of Rep-
resentatives and the Committees on Homeland Secu-
rity and Governmental Affairs and Rules and Ad-
ministration of the Senate. 
(3) The term ‘‘chief State election official’’ 
means, with respect to a State, the individual des-
ignated by the State under section 10 of the Na-
tional Voter Registration Act of 1993 (52 U.S.C. 
20509) to be responsible for coordination of the 
State’s responsibilities under such Act. 
(4) The term ‘‘Commission’’ means the Election 
Assistance Commission. 
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405 
(5) The term ‘‘democratic institutions’’ means 
the diverse range of institutions that are essential to 
ensuring an independent judiciary, free and fair elec-
tions, and rule of law. 
(6) The term ‘‘election agency’’ means any com-
ponent of a State, or any component of a unit of 
local government in a State, which is responsible for 
the administration of elections for Federal office in 
the State. 
(7) The term ‘‘election infrastructure’’ means 
storage facilities, polling places, and centralized vote 
tabulation locations used to support the administra-
tion of elections for public office, as well as related 
information and communications technology, includ-
ing voter registration databases, voting machines, 
electronic mail and other communications systems 
(including electronic mail and other systems of ven-
dors who have entered into contracts with election 
agencies to support the administration of elections, 
manage the election process, and report and display 
election results), and other systems used to manage 
the election process and to report and display elec-
tion results on behalf of an election agency. 
(8) The term ‘‘Secretary’’ means the Secretary 
of Homeland Security. 
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(9) The term ‘‘State’’ has the meaning given 
such term in section 901 of the Help America Vote 
Act of 2002 (52 U.S.C. 21141). 
SEC. 3602. INITIAL REPORT ON ADEQUACY OF RESOURCES 
AVAILABLE FOR IMPLEMENTATION. 
Not later than 120 days after enactment of this Act, 
the Chairman and the Secretary shall submit a report to 
the appropriate committees of Congress, including the 
Committees on Homeland Security and House Adminis-
tration of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate, analyzing the adequacy of the funding, re-
sources, and personnel available to carry out this title and 
the amendments made by this title. 
Subtitle H—Use of Voting Machines 
Manufactured in the United States 
SEC. 3701. 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 1504, section 1505, and section 1507, 
is further amended by adding at the end the following new 
paragraph: 
‘‘(10) VOTING MACHINE REQUIREMENTS.—By 
not later than the date of the regularly scheduled 
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general election for Federal office occurring in No-
vember 2024, each State shall seek to ensure that 
any voting machine used in such election and in any 
subsequent election for Federal office is manufac-
tured 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 1508, is 
amended by striking ‘‘paragraph (2)’’ and inserting ‘‘sub-
section (a)(10) and paragraph (2)’’. 
Subtitle I—Severability 
SEC. 3801. SEVERABILITY. 
If any provision of this title or amendment made by 
this title, or the application of a provision or amendment 
to any person or circumstance, is held to be unconstitu-
tional, the remainder of this title and amendments made 
by this title, and the application of the provisions and 
amendment to any person or circumstance, shall not be 
affected by the holding. 
DIVISION B—CAMPAIGN 
FINANCE 
TITLE IV—CAMPAIGN FINANCE 
TRANSPARENCY 
Subtitle A—Establishing Duty To Report Foreign Election Interference 
Sec. 4001. Findings relating to illicit money undermining our democracy. 
Sec. 4002. Federal campaign reporting of foreign contacts. 
Sec. 4003. Federal campaign foreign contact reporting compliance system. 
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Sec. 4004. Criminal penalties. 
Sec. 4005. Report to congressional intelligence committees. 
Sec. 4006. Rule of construction. 
Subtitle B—DISCLOSE Act 
Sec. 4100. Short title. 
PART 1—CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN 
NATIONALS IN ELECTIONS 
Sec. 4101. Clarification of prohibition on participation by foreign nationals in 
election-related activities. 
Sec. 4102. Clarification of application of foreign money ban to certain disburse-
ments and activities. 
Sec. 4103. Audit and report on illicit foreign money in Federal elections. 
Sec. 4104. Prohibition on contributions and donations by foreign nationals in 
connections with ballot initiatives and referenda. 
Sec. 4105. Disbursements and activities subject to foreign money ban. 
Sec. 4106. Prohibiting establishment of corporation to conceal election con-
tributions and donations by foreign nationals. 
PART 2—REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS 
Sec. 4111. Reporting of campaign-related disbursements. 
Sec. 4112. Application of foreign money ban to disbursements for campaign-re-
lated disbursements consisting of covered transfers. 
Sec. 4113. Effective date. 
PART 3—OTHER ADMINISTRATIVE REFORMS 
Sec. 4121. Petition for certiorari. 
Sec. 4122. Judicial review of actions related to campaign finance laws. 
Subtitle C—Strengthening Oversight of Online Political Advertising 
Sec. 4201. Short title. 
Sec. 4202. Purpose. 
Sec. 4203. Findings. 
Sec. 4204. Sense of Congress. 
Sec. 4205. Expansion of definition of public communication. 
Sec. 4206. Expansion of definition of electioneering communication. 
Sec. 4207. Application of disclaimer statements to online communications. 
Sec. 4208. Political record requirements for online platforms. 
Sec. 4209. Preventing contributions, expenditures, independent expenditures, 
and disbursements for electioneering communications by for-
eign nationals in the form of online advertising. 
Sec. 4210. Independent study on media literacy and online political content 
consumption. 
Subtitle D—Stand By Every Ad 
Sec. 4301. Short title. 
Sec. 4302. Stand by every ad. 
Sec. 4303. Disclaimer 
requirements 
for 
communications 
made 
through 
prerecorded telephone calls. 
Sec. 4304. No expansion of persons subject to disclaimer requirements on inter-
net communications. 
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Sec. 4305. Effective date. 
Subtitle E—Deterring Foreign Interference in Elections 
PART 1—DETERRENCE UNDER FEDERAL ELECTION CAMPAIGN ACT OF 1971 
Sec. 4401. Restrictions on exchange of campaign information between can-
didates and foreign powers. 
Sec. 4402. Clarification of standard for determining existence of coordination 
between campaigns and outside interests. 
Sec. 4403. Prohibition on provision of substantial assistance relating to con-
tribution or donation by foreign nationals. 
PART 2—INADMISSIBILITY AND DEPORTABILITY OF ALIENS ENGAGING IN 
IMPROPER ELECTION INTERFERENCE 
Sec. 4411. Inadmissibility and deportability of aliens engaging in improper in-
terference in United States elections. 
PART 3—NOTIFYING STATES OF DISINFORMATION CAMPAIGNS BY FOREIGN 
NATIONALS 
Sec. 4421. Notifying States of disinformation campaigns by foreign nationals. 
PART 4—PROHIBITING USE OF DEEPFAKES IN ELECTION CAMPAIGNS 
Sec. 4431. Prohibition on distribution of materially deceptive audio or visual 
media prior to election. 
PART 5—ASSESSMENT OF EXEMPTION OF REGISTRATION REQUIREMENTS 
UNDER FARA FOR REGISTERED LOBBYISTS 
Sec. 4441. Assessment of exemption of registration requirements under FARA 
for registered lobbyists. 
Subtitle F—Secret Money Transparency 
Sec. 4501. Repeal of restriction of use of funds by Internal Revenue Service to 
bring transparency to political activity of certain nonprofit or-
ganizations. 
Sec. 4502. Repeal of revenue procedure that eliminated requirement to report 
information regarding contributors to certain tax-exempt orga-
nizations. 
Subtitle G—Shareholder Right-to-Know 
Sec. 4601. Repeal of restriction on use of funds by Securities and Exchange 
Commission to ensure shareholders of corporations have knowl-
edge of corporation political activity. 
Sec. 4602. Assessment of shareholder preferences for disbursements for polit-
ical purposes. 
Subtitle H—Disclosure of Political Spending by Government Contractors 
Sec. 4701. Repeal of restriction on use of funds to require disclosure of political 
spending by government contractors. 
Subtitle I—Limitation and Disclosure Requirements for Presidential 
Inaugural Committees 
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410 
Sec. 4801. Short title. 
Sec. 4802. Limitations and disclosure of certain donations to, and disburse-
ments by, Inaugural Committees. 
Subtitle J—Miscellaneous Provisions 
Sec. 4901. Effective dates of provisions. 
Sec. 4902. Severability. 
Subtitle A—Establishing Duty To 
Report Foreign Election Inter-
ference 
SEC. 4001. FINDINGS RELATING TO ILLICIT MONEY UNDER-
MINING OUR DEMOCRACY. 
Congress finds the following: 
(1) Criminals, terrorists, and corrupt govern-
ment officials frequently abuse anonymously held 
Limited Liability Companies (LLCs), also known as 
‘‘shell companies,’’ to hide, move, and launder the 
dirty money derived from illicit activities such as 
trafficking, bribery, exploitation, and embezzlement. 
Ownership and control of the finances that run 
through shell companies are obscured to regulators 
and law enforcement because little information is re-
quired and collected when establishing these entities. 
(2) The public release of the ‘‘Panama Papers’’ 
in 2016 and the ‘‘Paradise Papers’’ in 2017 revealed 
that these shell companies often purchase and sell 
United States real estate. United States anti-money 
laundering laws do not apply to cash transactions in-
volving real estate effectively concealing the bene-
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411 
ficiaries and transactions from regulators and law 
enforcement. 
(3) Since the Supreme Court’s decisions in Citi-
zens United v. Federal Election Commission, 558 
U.S. 310 (2010), millions of dollars have flowed into 
super PACs through LLCs whose funders are anon-
ymous or intentionally obscured. Criminal investiga-
tions have uncovered LLCs that were used to hide 
illegal campaign contributions from foreign criminal 
fugitives, to advance international influence-buying 
schemes, and to conceal contributions from donors 
who were already under investigation for bribery and 
racketeering. Voters have no way to know the true 
sources of the money being routed through these 
LLCs to influence elections, including whether any 
of the funds come from foreign or other illicit 
sources. 
(4) Congress should curb the use of anonymous 
shell companies for illicit purposes by requiring 
United States companies to disclose their beneficial 
owners, strengthening anti-money laundering and 
counter-terrorism finance laws. 
(5) Congress should examine the money laun-
dering and terrorist financing risks in the real estate 
market, including the role of anonymous parties, and 
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412 
review legislation to address any vulnerabilities iden-
tified in this sector. 
(6) Congress should examine the methods by 
which corruption flourishes and the means to detect 
and deter the financial misconduct that fuels this 
driver of global instability. Congress should monitor 
government efforts to enforce United States anti- 
corruption laws and regulations. 
SEC. 4002. FEDERAL CAMPAIGN REPORTING OF FOREIGN 
CONTACTS. 
(a) INITIAL NOTICE.— 
(1) IN GENERAL.—Section 304 of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30104) 
is amended by adding at the end the following new 
subsection: 
‘‘(j) DISCLOSURE OF REPORTABLE FOREIGN CON-
TACTS.— 
‘‘(1) COMMITTEE
OBLIGATION
TO
NOTIFY.— 
Not later than 1 week after a reportable foreign con-
tact, each political committee shall notify the Fed-
eral Bureau of Investigation and the Commission of 
the reportable foreign contact and provide a sum-
mary of the circumstances with respect to such re-
portable foreign contact. The Federal Bureau of In-
vestigation, not later than 1 week after receiving a 
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413 
notification from a political committee under this 
paragraph, shall submit to the political committee, 
the Permanent Select Committee on Intelligence of 
the House of Representatives, and the Select Com-
mittee on Intelligence of the Senate written or elec-
tronic confirmation of receipt of the notification. 
‘‘(2) INDIVIDUAL
OBLIGATION
TO
NOTIFY.— 
Not later than 3 days after a reportable foreign con-
tact— 
‘‘(A) each candidate and each immediate 
family member of a candidate shall notify the 
treasurer or other designated official of the 
principal campaign committee of such candidate 
of the reportable foreign contact and provide a 
summary of the circumstances with respect to 
such reportable foreign contact; and 
‘‘(B) each official, employee, or agent of a 
political committee shall notify the treasurer or 
other designated official of the committee of the 
reportable foreign contact and provide a sum-
mary of the circumstances with respect to such 
reportable foreign contact. 
‘‘(3) REPORTABLE FOREIGN CONTACT.—In this 
subsection: 
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‘‘(A) IN GENERAL.—The term ‘reportable 
foreign contact’ means any direct or indirect 
contact or communication that— 
‘‘(i) is between— 
‘‘(I) a candidate, an immediate 
family member of the candidate, a po-
litical committee, or any official, em-
ployee, or agent of such committee; 
and 
‘‘(II) an individual that the per-
son described in subclause (I) knows, 
has reason to know, or reasonably be-
lieves is a covered foreign national; 
and 
‘‘(ii) the person described in clause 
(i)(I) knows, has reason to know, or rea-
sonably believes involves— 
‘‘(I) an offer or other proposal 
for a contribution, donation, expendi-
ture, disbursement, or solicitation de-
scribed in section 319; or 
‘‘(II) coordination or collabora-
tion with, an offer or provision of in-
formation or services to or from, or 
persistent and repeated contact with, 
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a covered foreign national in connec-
tion with an election. 
‘‘(B) EXCEPTIONS.— 
‘‘(i) CONTACTS IN OFFICIAL CAPACITY 
AS ELECTED OFFICIAL.—The term ‘report-
able foreign contact’ shall not include any 
contact or communication with a covered 
foreign national by an elected official or an 
employee of an elected official solely in an 
official capacity as such an official or em-
ployee. 
‘‘(ii) CONTACTS
FOR
PURPOSES
OF 
ENABLING
OBSERVATION
OF
ELECTIONS 
BY
INTERNATIONAL
OBSERVERS.—The 
term ‘reportable foreign contact’ shall not 
include any contact or communication with 
a covered foreign national by any person 
which is made for purposes of enabling the 
observation of elections in the United 
States by a foreign national or the obser-
vation of elections outside of the United 
States by a candidate, political committee, 
or any official, employee, or agent of such 
committee. 
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416 
‘‘(iii) EXCEPTIONS
NOT
APPLICABLE 
IF
CONTACTS
OR
COMMUNICATIONS
IN-
VOLVE
PROHIBITED
DISBURSEMENTS.—A 
contact or communication by an elected of-
ficial or an employee of an elected official 
shall not be considered to be made solely 
in an official capacity for purposes of 
clause (i), and a contact or communication 
shall not be considered to be made for pur-
poses of enabling the observation of elec-
tions for purposes of clause (ii), if the con-
tact or communication involves a contribu-
tion, donation, expenditure, disbursement, 
or solicitation described in section 319. 
‘‘(C) COVERED
FOREIGN
NATIONAL
DE-
FINED.— 
‘‘(i) IN GENERAL.—In this paragraph, 
the 
term 
‘covered 
foreign 
national’ 
means— 
‘‘(I) a foreign principal (as de-
fined in section 1(b) of the Foreign 
Agents Registration Act of 1938 (22 
U.S.C. 611(b))) that is a government 
of a foreign country or a foreign polit-
ical party; 
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‘‘(II) any person who acts as an 
agent, representative, employee, or 
servant, or any person who acts in 
any other capacity at the order, re-
quest, or under the direction or con-
trol, of a foreign principal described in 
subclause (I) or of a person any of 
whose activities are directly or indi-
rectly supervised, directed, controlled, 
financed, or subsidized in whole or in 
major part by a foreign principal de-
scribed in subclause (I); or 
‘‘(III) any person included in the 
list of specially designated nationals 
and blocked persons maintained by 
the Office of Foreign Assets Control 
of the Department of the Treasury 
pursuant to authorities relating to the 
imposition of sanctions relating to the 
conduct of a foreign principal de-
scribed in subclause (I). 
‘‘(ii) CLARIFICATION REGARDING AP-
PLICATION TO CITIZENS OF THE UNITED 
STATES.—In the case of a citizen of the 
United States, subclause (II) of clause (i) 
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418 
applies only to the extent that the person 
involved acts within the scope of that per-
son’s status as the agent of a foreign prin-
cipal described in subclause (I) of clause 
(i). 
‘‘(4) IMMEDIATE
FAMILY
MEMBER.—In this 
subsection, the term ‘immediate family member’ 
means, with respect to a candidate, a parent, parent- 
in-law, spouse, adult child, or sibling.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to report-
able foreign contacts which occur on or after the 
date of the enactment of this Act. 
(b) INFORMATION INCLUDED ON REPORT.— 
(1) IN GENERAL.—Section 304(b) of such Act 
(52 U.S.C. 30104(b)) is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (7); 
(B) by striking the period at the end of 
paragraph (8) and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(9) for any reportable foreign contact (as de-
fined in subsection (j)(3))— 
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419 
‘‘(A) the date, time, and location of the 
contact; 
‘‘(B) the date and time of when a des-
ignated official of the committee was notified of 
the contact; 
‘‘(C) the identity of individuals involved; 
and 
‘‘(D) a description of the contact, including 
the nature of any contribution, donation, ex-
penditure, disbursement, or solicitation involved 
and the nature of any activity described in sub-
section (j)(3)(A)(ii)(II) involved.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to reports 
filed on or after the expiration of the 60-day period 
which begins on the date of the enactment of this 
Act. 
SEC. 4003. FEDERAL CAMPAIGN FOREIGN CONTACT RE-
PORTING COMPLIANCE SYSTEM. 
(a) IN GENERAL.—Section 302 of the Federal Elec-
tion Campaign Act of 1971 (52 U.S.C. 30102) is amended 
by adding at the end the following new subsection: 
‘‘(j) REPORTABLE FOREIGN CONTACTS COMPLIANCE 
POLICY.— 
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469 
(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)).’’. 
(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 
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506 
‘‘(H) IMPROPER
INTERFERENCE
IN
A 
UNITED STATES ELECTION.—Any alien who a 
consular officer, the Secretary of Homeland Se-
curity, the Secretary of State, or the Attorney 
General knows, or has reasonable grounds to 
believe, is seeking admission to the United 
States to engage in improper interference in a 
United States election, or has engaged in im-
proper interference in a United States election, 
is inadmissible.’’. 
(b) DEPORTABILITY.—Section 237(a) of such Act (8 
U.S.C. 1227(a)) is amended by adding at the end the fol-
lowing: 
‘‘(8) IMPROPER INTERFERENCE IN A UNITED 
STATES ELECTION.—Any alien who has engaged, is 
engaged, or at any time after admission engages in 
improper interference in a United States election is 
deportable.’’. 
(c) DEFINITION.—Section 101(a) of such Act (8 
U.S.C. 1101(a)) is amended by adding at the end the fol-
lowing: 
‘‘(53) The term ‘improper interference in a 
United States election’ means conduct by an alien 
that— 
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