183 
(1) by redesignating clauses (i) through (xv) as 
clauses (ii) through (xvi); and 
(2) by inserting before clause (ii) (as so redesig-
nated) the following new clause: 
‘‘(i) any payment for any news story, com-
mentary, or editorial distributed through the fa-
cilities of any broadcasting, cable, satellite, or 
internet-based station, programmer, operator or 
producer; newspaper, magazine, or other peri-
odical publisher; electronic publisher, platform, 
or application; book publisher; or filmmaker or 
film producer, distributor or exhibitor.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to elections held dur-
ing 2024 or any succeeding year. 
Subtitle 
E—Prohibition 
on 
Issuance of Regulations on Po-
litical Contributions 
SEC. 341. PROHIBITION ON ISSUANCE OF REGULATIONS ON 
POLITICAL CONTRIBUTIONS. 
(a) FINDINGS.—Congress finds the following: 
(1) From 2010 through 2013, the Internal Rev-
enue Service targeted conservative organizations 
seeking tax-exempt status. The result of this tar-
geting was obvious—to discourage conservative orga-
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184 
nizations and individuals associated with them from 
engaging in the 2012 presidential election after an 
incredibly successful 2010 midterm election. 
(2) In response to this treatment, a large num-
ber of conservative organizations sued the Internal 
Revenue Service. In 2017, a settlement was reached 
and the Internal Revenue Service was required to 
issue an apology for its actions. 
(3) Congress quickly recognized that the Inter-
nal Revenue Service was not the only government 
agency that could question or threaten the tax-ex-
empt status of disfavored political groups. The Secu-
rities and Exchange Commission, an independent 
government agency, also enjoys some regulatory 
power in this area. 
(4) Beginning in 2015, Congress has included 
in every appropriations bill that has funded the Se-
curities and Exchange Commission, an appropria-
tions rider prohibiting the agency from using any of 
the funds made available to ‘‘finalize, issue, or im-
plement any rule, regulation, or order regarding the 
disclosure of political contributions, contributions to 
tax exempt organizations, or dues paid to trade as-
sociations.’’ See Consolidated Appropriations Act, 
2016, H.R. 2029, 114th Cong. § 1 (2015); Consoli-
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185 
dated Appropriations Act, 2017, H.R. 244, 115th 
Cong. § 1 (2017); Consolidated Appropriations Act, 
2018, H.R. 1625, 115th Cong. § 2 (2018); Consoli-
dated Appropriations Act, 2019, H.J. Res. 31, 
116th Cong. § 1 (2019); Consolidated Appropria-
tions Act, 2020, H.R. 1158, 116th Cong. § 1 
(2019); Consolidated Appropriations Act, 2021, 
H.R. 133, 116th Cong. § 2 (2020); Consolidated 
Appropriations Act 2022, H.R. 2471, 117th Cong. § 
2 (2022); Consolidated Appropriations Act 2023, 
H.R. 2617, 117th Cong. § 2 (2022). 
(5) This prohibition is too important to be sub-
ject to yearly renewal. Instead, it must be enacted 
into permanent law so political organizations of both 
political parties can rest assured the Securities and 
Exchange Commission will not target them. 
(b) PROHIBITION.—The Securities and Exchange 
Commission may not finalize, issue, or implement any 
rule, regulation, or order regarding the disclosure of polit-
ical contributions, contributions to tax exempt organiza-
tions, or dues paid to trade associations. 
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Subtitle F—Miscellaneous 
Provisions 
SEC. 351. PERMANENT EXTENSION OF FINES FOR QUALI-
FIED 
DISCLOSURE 
REQUIREMENT 
VIOLA-
TIONS. 
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. 352. PERMITTING POLITICAL COMMITTEES TO MAKE 
DISBURSEMENTS BY METHODS OTHER THAN 
CHECK. 
Section 302(h)(1) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30102(h)(1)) is amended by strik-
ing ‘‘except by check drawn on such accounts in accord-
ance with this section’’ and inserting ‘‘except from such 
accounts’’. 
SEC. 353. DESIGNATION OF INDIVIDUAL AUTHORIZED TO 
MAKE 
CAMPAIGN 
COMMITTEE 
DISBURSE-
MENTS IN EVENT OF DEATH OF CANDIDATE. 
(a) IN GENERAL.—Section 302 of the Federal Elec-
tion Campaign Act of 1971 (52 U.S.C. 30102), as amend-
ed by section 306(b), is amended by adding at the end 
the following new subsection: 
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187 
‘‘(k)(1) Each candidate may, with respect to each au-
thorized committee of the candidate, designate an indi-
vidual who shall be responsible for disbursing funds in the 
accounts of the committee in the event of the death of 
the candidate, and may also designate another individual 
to carry out the responsibilities of the designated indi-
vidual under this subsection in the event of the death or 
incapacity of the designated individual or the unwilling-
ness of the designated individual to carry out the respon-
sibilities. 
‘‘(2) In order to designate an individual under this 
subsection, the candidate shall file with the Commission 
a signed written statement (in a standardized form devel-
oped by the Commission, and including any applicable 
supporting documentation, including a will or trust docu-
ment) that contains the name and address of the indi-
vidual and the name of the authorized committee for 
which the designation shall apply, and that may contain 
the candidate’s instructions regarding the lawful disburse-
ment of the funds involved by the individual. At any time 
after filing the statement, the candidate may revoke the 
designation of an individual by filing with the Commission 
a signed written statement of revocation (in a standard-
ized form developed by the Commission). 
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188 
‘‘(3)(A) Upon the death of a candidate who has des-
ignated an individual for purposes of paragraph (1), funds 
in the accounts of each authorized committee of the can-
didate may be disbursed only under the direction and in 
accordance with the instructions of such individual, sub-
ject to the terms and conditions applicable to the disburse-
ment of such funds under this Act or any other applicable 
Federal or State law (other than any provision of State 
law which authorizes any person other than such indi-
vidual to direct the disbursement of such funds). 
‘‘(B) Subparagraph (A) does not apply with respect 
to an authorized committee if, at the time of the can-
didate’s death, the authorized committee has a treasurer 
or a designated agent of the treasurer as described in sec-
tion 302(a), unless the treasurer or designated agent is 
incapacitated or cannot be reached by the authorized com-
mittee. 
‘‘(C) Nothing in this paragraph may be construed to 
grant any authority to an individual who is designated 
pursuant to this subsection other than the authority to 
direct the disbursement of funds as provided in such para-
graph, or may be construed to affect the responsibility of 
the treasurer of an authorized committee for which funds 
are disbursed in accordance with such paragraph to file 
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190 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to authorized cam-
paign committees which are designated under section 
302(e)(1) of the Federal Election Campaign Act of 1971 
before, on, or after the date of the enactment of this Act. 
SEC. 354. PROHIBITING AIDING OR ABETTING MAKING OF 
CONTRIBUTIONS IN NAME OF ANOTHER. 
Section 320 of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30122) is amended by adding at the 
end the following new sentence: ‘‘No person shall know-
ingly direct, help, or assist any person in making a con-
tribution in the name of another person.’’. 
SEC. 355. UNANIMOUS CONSENT OF COMMISSION MEM-
BERS 
REQUIRED 
FOR 
COMMISSION 
TO 
REFUSE 
TO 
DEFEND 
ACTIONS 
BROUGHT 
AGAINST COMMISSION. 
(a) UNANIMOUS CONSENT.—Section 307 of the Fed-
eral Election Campaign Act of 1971 (52 U.S.C. 30107) 
is amended by adding at the end the following new sub-
section: 
‘‘(f)(1) Except as provided in paragraph (2), the 
Commission shall defend each action brought against the 
Commission under this Act or chapter 95 and 96 of the 
Internal Revenue Code of 1986— 
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191 
‘‘(A) through the general counsel, as provided 
in subsection (a)(6); 
‘‘(B) by appointing counsel as provided in sec-
tion 306(f)(4); or 
‘‘(C) by referral to the Attorney General in the 
case of a criminal action. 
‘‘(2) The Commission may refuse to defend an action 
brought against the Commission pursuant to the unani-
mous vote of its Members.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to actions brought 
on or after the date of the enactment of this Act. 
SEC. 356. FEDERAL ELECTION COMMISSION MEMBER PAY. 
Section 306(a)(4) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30106(a)(4)) is amended— 
(1) by striking ‘‘(4) Members’’ and inserting 
‘‘(4)(A) Except as provided in subparagraph (B), 
members’’; 
(2) by striking ‘‘equivalent to the compensation 
paid at level IV of the Executive Schedule (5 U.S.C. 
5315)’’ and inserting ‘‘at an annual rate of basic 
pay of $186,300, as adjusted under section 5318 of 
title 5, United States Code, in the same manner as 
the annual rate of pay for positions at each level of 
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192 
the Executive Schedule, which may not be varied or 
suspended by executive action’’; and 
(3) by adding at the end the following: 
‘‘(B) A member who serves on the Commission after 
the expiration of the member’s term because the member’s 
successor has not taken office may not receive any in-
crease in compensation under this subsection for any pay 
period occurring after the expiration of the 4-year period 
which begins on the date of the expiration of the member’s 
term. A member shall no longer be subject to the previous 
sentence if the member is appointed to a new term and 
takes office pursuant to that appointment. 
‘‘(C) A member shall be permitted to hold a position 
at an institution of higher education (as such term is de-
fined in section 101 of the Higher Education Act of 1965 
(20 U.S.C. 1001)) if— 
‘‘(i) the General Counsel of the Commission de-
termines that such position does not create a conflict 
of interest with the member’s position as a sitting 
member of the Commission and grants the member 
approval to hold the position; and 
‘‘(ii) the annual rate of compensation received 
by the individual from such institution is not greater 
than the amount equal to 49.9% of the annual rate 
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193 
of basic pay paid to the member under this para-
graph.’’. 
SEC. 357. UNIFORM STATUTE OF LIMITATIONS FOR PRO-
CEEDINGS TO ENFORCE FEDERAL ELECTION 
CAMPAIGN ACT OF 1971. 
(a) 5-YEAR LIMITATION.—Section 406(a) of the Fed-
eral Election Campaign Act of 1971 (52 U.S.C. 30145(a)) 
is amended— 
(1) by striking ‘‘(a)’’ and inserting ‘‘(a)(1)’’; 
and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) No person shall be subject to a civil penalty for 
any violation of title III of this Act unless the proceeding 
is initiated in accordance with section 309 not later than 
5 years after the date on which the violation occurred.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to violations occur-
ring on or after the date of the enactment of this Act. 
SEC. 358. THEFT FROM POLITICAL COMMITTEE AS A FED-
ERAL CRIME. 
(a) FEDERAL CRIME.—Chapter 29 of title 18, United 
States Code, as amended by section 161(b), is amended 
by adding at the end the following new section: 
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194 
‘‘§ 613. Theft from political committee 
‘‘(a) IN GENERAL.—It shall be unlawful to remove, 
without appropriate authorization, any funds or any other 
item of value from an account maintained for the benefit 
of a candidate for Federal office or the candidate’s polit-
ical committee (as such term is defined in section 301 of 
the Federal Election Campaign Act of 1971 (52 U.S.C. 
30101)). 
‘‘(b) PENALTY.—Any person who violates subsection 
(a) shall be fined not more than $250,000, imprisoned for 
not more than 5 years, or both.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 28 of title 18, United States Code, is amended 
by adding at the end the following new item: 
‘‘613. Theft from political committee.’’. 
SEC. 359. REPEAL OF OBSOLETE PROVISIONS OF LAW. 
(a) PROVISIONS HELD UNCONSTITUTIONAL.— 
(1) MEMBERSHIP OF SECRETARY OF SENATE 
AND CLERK OF HOUSE ON FEDERAL ELECTION COM-
MISSION.—Section 306(a)(1) of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30106(a)(1)) is 
amended by striking ‘‘the Secretary of the Senate 
and the Clerk of the House of Representatives or 
their designees, ex officio and without the right to 
vote, and’’. 
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195 
(2) CHOICE
OF
INDEPENDENT
OR
COORDI-
NATED
EXPENDITURES
BY
POLITICAL
PARTIES.— 
Section 315(d) of such Act (52 U.S.C. 30116(d)) is 
amended— 
(A) by striking paragraph (4) and redesig-
nating paragraph (5) as paragraph (4); 
(B) in paragraph (4), as so redesignated, 
by striking ‘‘paragraphs (2), (3), and (4)’’ and 
inserting ‘‘paragraphs (2) and (3)’’; and 
(C) in paragraph (1), by striking ‘‘para-
graphs (2), (3), and (4)’’ and inserting ‘‘para-
graphs (2) and (3)’’. 
(3) PROHIBITING
CONTRIBUTIONS
BY
MI-
NORS.—The Federal Election Campaign Act of 1971 
is amended by striking section 324 (52 U.S.C. 
30126). 
(4) INCREASE IN CONTRIBUTION LIMITS FOR 
CANDIDATES IN RESPONSE TO PERSONAL FUND EX-
PENDITURES BY OPPONENTS.— 
(A) HOUSE
CANDIDATES.—The Federal 
Election Campaign Act of 1971 is amended by 
striking section 315A (52 U.S.C. 30117). 
(B) SENATE CANDIDATES.—Section 315 of 
such Act (52 U.S.C. 30116) is amended— 
(i) by striking subsection (i); and 
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197 
(A) in subsection (b)(1), by striking ‘‘or 
for any applicable electioneering communica-
tion’’; and 
(B) by striking subsection (c). 
(6) LIMITATION ON REPAYMENT OF PERSONAL 
LOANS.—Section 315 of such Act (52 U.S.C. 30116) 
is amended by striking subsection (i), as redesig-
nated by paragraph (4)(B)(ii). 
(b) PROVISIONS RELATING
TO USE
OF PRESI-
DENTIAL ELECTION CAMPAIGN FUND FOR PARTY NOMI-
NATING CONVENTIONS.—Section 9008 of the Internal 
Revenue Code of 1986 is amended— 
(1) in subsection (b), by striking paragraph (3); 
and 
(2) by striking subsections (c), (d), (e), (f), (g), 
and (h). 
(c) TECHNICAL CORRECTION.—Sections 307 and 309 
of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30107 and 30109) are each amended by striking ‘‘sub-
pena’’ each place it appears and inserting ‘‘subpoena’’. 
SEC. 360. DEADLINE FOR PROMULGATION OF PROPOSED 
REGULATIONS. 
Not later than 120 days after the date of the enact-
ment of this Act, the Federal Election Commission shall 
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198 
publish in the Federal Register proposed regulations to 
carry out this title and the amendments made by this title. 
TITLE IV—ELECTION SECURITY 
Subtitle A—Promoting Election 
Security 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Election Security As-
sistance Act’’. 
SEC. 402. REPORTS TO CONGRESS ON FOREIGN THREATS 
TO ELECTIONS. 
(a) IN GENERAL.—Not later than 30 days after the 
date of enactment of this Act, and 30 days after the end 
of each fiscal year thereafter, the Secretary of Homeland 
Security and the Director of National Intelligence, in co-
ordination with the heads of the appropriate Federal enti-
ties, shall submit a joint report to the appropriate congres-
sional committees and the chief State election official of 
each State on foreign threats to elections in the United 
States, including physical and cybersecurity threats. 
(b) VOLUNTARY PARTICIPATION BY STATES.—The 
Secretary shall solicit and consider voluntary comments 
from all State election agencies. Participation by an elec-
tion agency in the report under this section shall be vol-
untary and at the discretion of the State. 
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199 
(c) APPROPRIATE FEDERAL ENTITIES.—In this sec-
tion, the term ‘‘appropriate Federal entities’’ means— 
(1) the Department of Commerce, including the 
National Institute of Standards and Technology; 
(2) the Department of Defense; 
(3) the Department of Homeland Security, in-
cluding the component of the Department that re-
ports to the Under Secretary responsible for over-
seeing critical infrastructure protection, cybersecu-
rity, and other related programs of the Department; 
(4) the Department of Justice, including the 
Federal Bureau of Investigation; 
(5) the Election Assistance Commission; and 
(6) the Office of the Director of National Intel-
ligence, the National Security Agency, and such 
other elements of the intelligence community (as de-
fined in section 3 of the National Security Act of 
1947 (50 U.S.C. 3003)) as the Director of National 
Intelligence determines are appropriate. 
(d) OTHER DEFINITIONS.—In this section— 
(1) the term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Rules and Adminis-
tration, the Committee on Homeland Security 
and Governmental Affairs, the Select Com-
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200 
mittee on Intelligence, and the Committee on 
Foreign Relations of the Senate; and 
(B) the Committee on House Administra-
tion, the Committee on Homeland Security, the 
Permanent Select Committee on Intelligence, 
and the Committee on Foreign Affairs of the 
House of Representatives; 
(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 agency’’ means any com-
ponent of a State or any component of a unit of 
local government of a State that is responsible for 
administering Federal elections; 
(4) the term ‘‘Secretary’’ means the Secretary 
of Homeland Security; and 
(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). 
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201 
SEC. 403. RULE OF CONSTRUCTION. 
Nothing in this title may be construed as authorizing 
the Secretary of Homeland Security to carry out the ad-
ministration of an election for Federal office. 
Subtitle B—Cybersecurity for 
Election Systems 
SEC. 411. CYBERSECURITY ADVISORIES RELATING TO 
ELECTION SYSTEMS. 
(a) CYBERSECURITY ADVISORIES.— 
(1) IN GENERAL.—The Director of the Cyberse-
curity and Infrastructure Security Agency of the De-
partment of Homeland Security (in this subtitle re-
ferred to as the ‘‘Director’’) shall collaborate with 
the Election Assistance Commission (in this subtitle 
referred to as the ‘‘Commission’’) to determine if an 
advisory relating to the cybersecurity of election sys-
tems used in the administration of elections for Fed-
eral office or the cybersecurity of elections for Fed-
eral office generally is necessary. If such a deter-
mination is made in the affirmative, the Director 
shall collaborate with the Commission in the prepa-
ration of such an advisory. 
(2) PROHIBITION.—The Director may not issue 
an advisory described in paragraph (1) unless the 
Commission has provided input relating thereto. 
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202 
(b) NOTIFICATION.—If the Director issues an advi-
sory described in subsection (a), the Director, in collabora-
tion with the Commission, shall provide to appropriate 
State election officials and vendors of covered voting sys-
tems notification relating thereto. 
SEC. 412. PROCESS TO TEST FOR AND MONITOR CYBERSE-
CURITY 
VULNERABILITIES 
IN 
ELECTION 
EQUIPMENT. 
(a) PROCESS FOR COVERED VOTING SYSTEMS.— 
(1) IN GENERAL.—The Director and the Com-
mission (in consultation with the Technical Guide-
lines Development Committee and the Standards 
Board of the Commission), shall jointly establish a 
voluntary process to test for and monitor covered 
voting systems for cybersecurity vulnerabilities. Such 
process shall include the following: 
(A) Mitigation strategies and other rem-
edies. 
(B) Notice to the Commission and appro-
priate entities of the results of testing con-
ducted pursuant to such process. 
(2) IMPLEMENTATION.—The Director shall im-
plement the process established under paragraph (1) 
at the request of the Commission. 
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203 
(b) LABELING FOR VOTING SYSTEMS.—The Commis-
sion (in consultation with the Technical Guidelines Devel-
opment Committee and the Standards Board of the Com-
mission), shall establish a process to provide for the de-
ployment of appropriate labeling available through the 
website of the Commission to indicate that covered voting 
systems passed the most recent cybersecurity testing pur-
suant to the process established under subsection (a). 
(c) RULES OF CONSTRUCTION.—The process estab-
lished under subsection (a), including the results of any 
testing carried out pursuant to this section, shall not af-
fect— 
(1) the certification status of equipment used in 
the administration of an election for Federal office 
under the Help America Vote Act of 2002; or 
(2) the authority of the Commission to so cer-
tify such equipment under such Act. 
(d) EXCLUSIVE AUTHORITY OF ELECTION ASSIST-
ANCE COMMISSION WITH RESPECT TO GUIDELINES AND 
CERTIFICATION OF COVERED VOTING SYSTEMS.—No en-
tity of the Federal Government other than the Election 
Assistance Commission may issue guidelines with respect 
to the minimum standards for the testing, certification, 
decertification, and recertification of covered voting sys-
tems. 
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204 
(e) DEFINITION.—In this section, the term ‘‘covered 
voting systems’’ means equipment used in the administra-
tion of an election for Federal office that is certified in 
accordance with versions of Voluntary Voting System 
Guidelines under the Help America Vote Act of 2002, and 
includes any related nonvoting election technology, as de-
fined in section 298C of the Help America Vote Act of 
2002, as added by section 129(b). 
SEC. 413. DUTY OF SECRETARY OF HOMELAND SECURITY 
TO NOTIFY STATE AND LOCAL OFFICIALS OF 
ELECTION CYBERSECURITY INCIDENTS. 
(a) DUTY TO SHARE INFORMATION WITH DEPART-
MENT OF HOMELAND SECURITY.—If a Federal entity re-
ceives information about an election cybersecurity inci-
dent, the Federal entity shall promptly share that infor-
mation with the Department of Homeland Security, unless 
the head of the entity (or a Senate-confirmed official des-
ignated by the head) makes a specific determination in 
writing that there is good cause to withhold the particular 
information. 
(b) RESPONSE TO RECEIPT OF INFORMATION BY 
SECRETARY OF HOMELAND SECURITY.— 
(1) IN GENERAL.—Upon receiving information 
about an election cybersecurity incident under sub-
section (a), the Secretary of Homeland Security, in 
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consultation with the Attorney General, the Director 
of the Federal Bureau of Investigation, and the Di-
rector of National Intelligence, shall promptly (but 
in no case later than 96 hours after receiving the in-
formation) review the information and make a deter-
mination whether each of the following apply: 
(A) There is credible evidence that the in-
cident occurred. 
(B) There is a basis to believe that the in-
cident resulted, could have resulted, or could re-
sult in voter information systems or voter tab-
ulation systems being altered or otherwise af-
fected. 
(2) DUTY TO NOTIFY STATE AND LOCAL OFFI-
CIALS.— 
(A) DUTY DESCRIBED.—If the Secretary 
makes a determination under paragraph (1) 
that subparagraphs (A) and (B) of such para-
graph apply with respect to an election cyberse-
curity incident, not later than 96 hours after 
making the determination, the Secretary shall 
provide a notification of the incident to each of 
the following: 
(i) The chief executive of the State in-
volved. 
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(ii) The State election official of the 
State involved. 
(iii) The local election official of the 
election agency involved. 
(B) TREATMENT OF CLASSIFIED INFORMA-
TION.— 
(i) EFFORTS TO AVOID INCLUSION OF 
CLASSIFIED
INFORMATION.—In preparing 
a notification provided under this para-
graph to an individual described in clause 
(i), (ii), or (iii) of subparagraph (A), the 
Secretary shall attempt to avoid the inclu-
sion of classified information. 
(ii) PROVIDING GUIDANCE TO STATE 
AND
LOCAL
OFFICIALS.—To the extent 
that a notification provided under this 
paragraph to an individual described in 
clause (i), (ii), or (iii) of subparagraph (A) 
includes classified information, the Sec-
retary (in consultation with the Attorney 
General and the Director of National Intel-
ligence) shall indicate in the notification 
which information is classified. 
(3) EXCEPTION.— 
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(A) IN
GENERAL.—If the Secretary, in 
consultation with the Attorney General and the 
Director of National Intelligence, makes a de-
termination that it is not possible to provide a 
notification under paragraph (1) with respect to 
an election cybersecurity incident without com-
promising intelligence methods or sources or 
interfering with an ongoing investigation, the 
Secretary shall not provide the notification 
under such paragraph. 
(B) ONGOING REVIEW.—Not later than 30 
days after making a determination under sub-
paragraph (A) and every 30 days thereafter, 
the Secretary shall review the determination. If, 
after reviewing the determination, the Secretary 
makes a revised determination that it is pos-
sible to provide a notification under paragraph 
(2) without compromising intelligence methods 
or sources or interfering with an ongoing inves-
tigation, the Secretary shall provide the notifi-
cation under paragraph (2) not later than 96 
hours after making such revised determination. 
(4) COORDINATION
WITH
ELECTION
ASSIST-
ANCE COMMISSION.—The Secretary shall make de-
terminations and provide notifications under this 
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208 
subsection in the same manner, and subject to the 
same terms and conditions relating to the role of the 
Election Assistance Commission, in which the Direc-
tor of the Cybersecurity and Infrastructure Security 
Agency of the Department of Homeland Security 
makes determinations as to the necessity of an advi-
sory and the issuance of an advisory under section 
411(a) and the provision of notification under sec-
tion 411(b). 
(c) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) ELECTION
AGENCY.—The term ‘‘election 
agency’’ means any component of a State, or any 
component of a unit of local government in a State, 
which is responsible for the administration of elec-
tions for Federal office in the State. 
(2) ELECTION
CYBERSECURITY
INCIDENT.— 
The term ‘‘election cybersecurity incident’’ means an 
occurrence that actually or imminently jeopardizes, 
without lawful authority, the integrity, confiden-
tiality, or availability of information on an informa-
tion system of election infrastructure (including a 
vote tabulation system), or actually or imminently 
jeopardizes, without lawful authority, such an infor-
mation system of election infrastructure. 
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210 
tional Voter Registration Act of 1993 (52 
U.S.C. 20509); or 
(B) in the case of Puerto Rico, Guam, 
American Samoa, the Northern Mariana Is-
lands, and the United States Virgin Islands, a 
chief State election official designated by the 
State for purposes of this Act. 
(d) EFFECTIVE DATE.—This section shall apply with 
respect to information about an election cybersecurity inci-
dent which is received on or after the date of the enact-
ment of this Act. 
TITLE V—CONGRESSIONAL 
REDISTRICTING 
SEC. 501. SENSE OF CONGRESS ON AUTHORITY TO ESTAB-
LISH MAPS OF CONGRESSIONAL DISTRICTS. 
It is the sense of Congress that, while Congress is 
authorized under the Constitution of the United States to 
ensure that congressional redistricting is carried out in a 
manner consistent with the Constitution, only a State has 
the authority to establish maps of the congressional dis-
tricts of the State and to determine the procedures and 
criteria used to establish such maps. 
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SEC. 502. AUTHORITY FOR SPEAKER OF THE HOUSE TO 
JOIN CERTAIN CIVIL ACTIONS RELATING TO 
APPORTIONMENT. 
The Speaker of the House of Representatives or the 
Speaker’s designee or designees may commence or join in 
a civil action, for and on behalf of the House of Represent-
atives, under any applicable law, to prevent the use of any 
statistical method, in connection with the decennial cen-
sus, to determine the population for purposes of the appor-
tionment or redistricting of Members in Congress. It shall 
be the duty of the Office of the General Counsel of the 
House of Representatives to represent the House in such 
civil action, according to the directions of the Speaker. 
The Office of the General Counsel of the House of Rep-
resentatives may employ the services of outside counsel 
and other experts for this purpose. 
SEC. 503. CENSUS MONITORING BOARD. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Citizen Census Monitoring Board Permanent Authoriza-
tion Act of 2023’’. 
(b) FINDINGS.—Congress finds the following: 
(1) The 2020 decennial census of population 
was conducted amongst unique and difficult cir-
cumstances which have caused many of its results to 
be questioned as regards their accuracy and legality. 
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(2) Privacy limitations prevent the decennial 
census from being a transparent process, therefore 
limiting the ability of the public and even Congress 
or the courts from effectively monitoring the entire 
census process. 
(3) Only an independent bipartisan Board with 
the same access to data and documentation as the 
Bureau of the Census itself can effectively monitor 
the decennial census process. 
(4) Therefore, in order to achieve these goals, 
the Congress finds that a bipartisan Census Moni-
toring Board should be established. 
(c) ESTABLISHMENT.—There shall be established a 
board to be known as the Census Monitoring Board (in 
this section referred to as the ‘‘Board’’). 
(d) DUTIES.—The function of the Board shall be to 
review all aspects of the preparation and implementation, 
data and results, and all post-enumeration activities and 
procedures, of the 2020 decennial census of population 
under section 141 of title 13, United States Code (includ-
ing all dress rehearsals and other simulations of a census 
in preparation therefor), and observe and monitor all as-
pects of the preparation and implementation of the 2030 
decennial census and each decennial census thereafter (in-
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cluding all dress rehearsals and other simulations of a cen-
sus in preparation therefor). 
(e) MEMBERS.— 
(1) IN
GENERAL.—The Board shall be com-
posed of 6 members, appointed as follows: 
(A) One individual appointed by the major-
ity leader of the Senate. 
(B) Two individuals appointed by the 
Speaker of the House of Representatives. 
(C) One individual appointed by the minor-
ity leader of the Senate. 
(D) Two individuals appointed by the mi-
nority leader of the House of Representatives. 
(2) APPOINTMENT.—Each member of the 
Board shall be appointed within 60 days after the 
date of the enactment of this Act. A vacancy in the 
Board shall be filled in the manner in which the 
original appointment was made. Members of the 
Board’s terms shall expire when the Houses of Con-
gress are reorganized, except that a member shall 
continue to serve as a member until their replace-
ment is appointed. 
(3) COMPENSATION.—Members shall not be en-
titled to any pay by reason of their service on the 
Board, but shall receive travel expenses, including 
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per diem in lieu of subsistence, in accordance with 
sections 5702 and 5703 of title 5, United States 
Code. 
(4) BIPARTISAN.—The Board shall be bipar-
tisan and each party’s appointees shall caucus sepa-
rately and elect a co-chair from each caucus. 
(5) MEETINGS.—The Board shall meet at the 
call of either co-chair. 
(6) QUORUM.—A quorum shall consist of four 
members of the Board. 
(7) REGULATIONS.—The Board may promul-
gate any regulations necessary to carry out its du-
ties. 
(f) EXECUTIVE DIRECTORS.— 
(1) IN GENERAL.—Each caucus of the Board 
shall have an executive director who shall be ap-
pointed by the members of the two most numerous 
caucuses, each of whom shall be paid at a rate not 
to exceed level IV of the Executive Schedule under 
section 5315 of title 5, United States Code. 
(2) STAFF AND SERVICES.— 
(A) IN GENERAL.—Subject to such rules 
as the Board may prescribe, each executive di-
rector— 
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(i) may appoint and fix the pay of 
such additional personnel as that executive 
director considers appropriate; and 
(ii) may procure temporary and inter-
mittent services under section 3109(b) of 
title 5, United States Code, but at rates 
for individuals not to exceed the daily 
equivalent of the maximum annual rate of 
pay payable for grade GS–15 of the Gen-
eral Schedule. 
(B) BOARD RULES.—Such rules shall in-
clude provisions to ensure an equitable division 
or sharing of resources, as appropriate, between 
the respective staff of the Board. 
(3) BOARD
STAFF.—The staff of the Board 
shall be appointed without regard to the provisions 
of title 5, United States Code, governing appoint-
ments in the competitive service, and shall be paid 
without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of such title (relating 
to classification and General Schedule pay rates). 
(4) FACILITIES.—The Administrator of the 
General Services Administration, in coordination 
with the Secretary of Commerce, shall locate suitable 
office space for the operation of the Board in the 
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headquarters of the Bureau of the Census in 
Suitland, Maryland. The facilities shall serve as the 
headquarters of the Board and shall include all nec-
essary equipment and incidentals required for the 
proper functioning of the Board. 
(g) OTHER AUTHORITIES.— 
(1) HEARINGS.—For the purpose of carrying 
out its duties, the Board may hold such hearings (at 
the call of either co-chair) and undertake such other 
activities as the Board determines to be necessary to 
carry out its duties. 
(2) ACCESS TO INFORMATION.— 
(A) IN
GENERAL.—Each co-chair of the 
Board and any Board staff who may be des-
ignated by the Board under this subparagraph 
shall be granted access to any data, files, infor-
mation, or other matters maintained by the Bu-
reau of the Census (or received by it in the 
course of conducting a decennial census of pop-
ulation) which they may request, subject to 
such regulations as the Board may prescribe in 
consultation with the Secretary of Commerce. 
No information may be withheld pursuant to 
title 13, United States Code, and all members 
of the Board and Board staff shall be sworn to 
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protect the confidentiality and privilege of all 
data and information protected by such title. 
(B) AGENCY
INFORMATION.—The Board 
or the co-chairs acting jointly may secure di-
rectly from any other Federal agency, including 
the White House, all information that the 
Board considers necessary to enable the Board 
to carry out its duties. Upon request of the 
Board or both co-chairs, the head of that agen-
cy (or other person duly designated for pur-
poses of this paragraph) shall furnish that in-
formation to the Board. 
(3) REGULATIONS.—The Board shall prescribe 
regulations under which any member of the Board 
or of its staff, and any person whose services are 
procured under subsection (e)(2)(A)(ii), who gains 
access to any information or other matter pursuant 
to this subsection shall, to the extent that any provi-
sions of section 9 or section 214 of title 13, United 
States Code, would apply with respect to such mat-
ter in the case of an employee of the Department of 
Commerce, be subject to such provisions. 
(4) DETAIL AUTHORITY.—Upon the request of 
the Board, the head of any Federal agency is au-
thorized to detail, without reimbursement, any of the 
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218 
personnel of such agency to the Board to assist the 
Board in carrying out its duties. Any such detail of 
a Federal employee under this paragraph shall not 
interrupt or otherwise affect the civil service status 
or privileges of the employee. 
(5) TECHNICAL
ASSISTANCE.—Upon the re-
quest of the Board, the head of a Federal agency 
shall provide such technical assistance to the Board 
as the Board determines to be necessary to carry out 
its duties. 
(6) USE OF MAILS.—The Board may use the 
United States mails in the same manner and under 
the same conditions as Federal agencies and shall, 
for purposes of the frank, be considered a commis-
sion of Congress as described in section 3215 of title 
39, United States Code. 
(7) SUPPORT SERVICES.—Upon request of the 
Board, the Administrator of General Services shall 
provide to the Board on a reimbursable basis such 
administrative support services as the Board may re-
quest. 
(8) PRINTING COSTS.—For purposes of costs 
relating to printing and binding, including the cost 
of personnel detailed from the Government Pub-
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lishing Office, the Board shall be deemed to be a 
committee of the Congress. 
(h) REPORTS.— 
(1) 2020 CENSUS.—The Board shall transmit 
to the Congress— 
(A) interim reports, with the first such re-
port due by April 1, 2024; 
(B) additional reports, the first of which 
shall be due by February 1, 2025, the second 
of which shall be due by April 1, 2025, and 
subsequent reports at least semiannually there-
after; 
(C) a final report on the 2020 Census shall 
be due by September 1, 2025; and 
(D) any other reports which the Board or 
either co-chair considers appropriate. 
(2) SUBSEQUENT CENSUSES.—With respect to 
the 2030 decennial census of population and each 
decennial census thereafter, the Board shall transmit 
to Congress— 
(A) an interim report due not later than 
September 1 of the second year following the 
year in which a decennial census occurs; 
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(B) a final report not later than September 
1 of the third year following the year in which 
a decennial census occurs; and 
(C) any other reports which the Board or 
either co-chair considers appropriate. 
(3) FINAL REPORT CONTENTS.—A final report 
under paragraph (1)(C) or (2)(B) shall contain a de-
tailed statement of the findings and conclusions of 
the Board with respect to the matters described in 
subsection (c). 
(4) REPORT
CONTENTS.—In addition to any 
matter otherwise required under this subsection, 
each such report shall address, with respect to the 
period covered by such report— 
(A) the degree to which efforts of the Bu-
reau of the Census to prepare to conduct the 
decennial census— 
(i) shall achieve maximum possible ac-
curacy at every level of geography; 
(ii) shall be taken by means of an 
enumeration process designed to count 
every individual possible; 
(iii) shall be free from political bias 
and arbitrary decisions; and 
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