ACE Act
Bill: H.R.8528 | Sponsor: Rep. Davis, Rodney (R-IL)
Policy area: Government Operations and Politics

Summary:
American Confidence in Elections Act or the ACE Act
This bill addresses election administration and security, campaign finance, and other related provisions.
Among other provisions, the bill

To promote election integrity, voter confidence, and faith in elections 
  by removing Federal impediments to, providing State tools for, and 
   establishing voluntary considerations to support effective State 
administration of Federal elections, improving election administration 
 in the District of Columbia, improving the effectiveness of military 
    voting programs, and protecting political speech, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Confidence in Elections 
Act'' or the ``ACE Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. General findings.
               TITLE I--ELECTION ADMINISTRATION INTEGRITY

        Subtitle A--Findings Relating to Election Administration

Sec. 101. Findings relating to election administration.
   Subtitle B--Voluntary Considerations for State Administration of 
                           Federal Elections

Sec. 111. Short title.
Sec. 112. Election integrity voluntary considerations.
       Subtitle C--Requirements to Promote Integrity in Election 
                             Administration

Sec. 121. Ensuring only eligible American citizens may participate in 
                            Federal elections.
Sec. 122. State reporting requirements with respect to voter list 
                            maintenance.
Sec. 123. Contents of State mail voter registration form.
Sec. 124. Provision of photographic citizen voter identification tools 
                            for State use.
Sec. 125. Mandatory provision of identification for certain voters not 
                            voting in person.
Sec. 126. Confirming access for Congressional election observers.
Sec. 127. Use of requirements payments for post-election audits.
Sec. 128. Certain tax benefits and simplification with respect to 
                            election workers.
Sec. 129. Voluntary guidelines with respect to nonvoting election 
                            technology.
Sec. 130. Status reports by National Institute of Standards and 
                            Technology.
Sec. 131. 501(c)(3) organizations prohibited from providing direct or 
                            indirect funding for election 
                            administration.
Sec. 132. Requirements with respect to election mail.
Sec. 133. Clarification of right of State to appeal decisions through 
                            duly authorized representative.
Sec. 134. Clarification of Federal agency involvement in voter 
                            registration activities.
Sec. 135. Prohibition on use of Federal funds for election 
                            administration in States that permit ballot 
                            harvesting.
Sec. 136. Clarification with respect to Federal election record-keeping 
                            requirement.
Sec. 137. Clarification of rules with respect to hiring of election 
                            workers.
Sec. 138. United States Postal Service coordination with States to 
                            ensure mailing addresses.
Sec. 139. State defined.
     Subtitle D--District of Columbia Election Integrity and Voter 
                               Confidence

Sec. 141. Short title.
Sec. 142. Requirements for elections in District of Columbia.
Sec. 143. Effective date.
    Subtitle E--Administration of the Election Assistance Commission

Sec. 151. Short title.
Sec. 152. Findings relating to the administration of the Election 
                            Assistance Commission.
Sec. 153. Requirements with respect to staff and funding of the 
                            Election Assistance Commission.
Sec. 154. Exclusive authority of Election Assistance Commission to make 
                            election administration payments to States.
Sec. 155. Executive Board of the Standards Board authority to enter 
                            into contracts.
Sec. 156. Election Assistance Commission primary role in election 
                            administration.
    Subtitle F--Prohibition on Involvement in Elections by Foreign 
                               Nationals

Sec. 161. Prohibition on contributions and donations by foreign 
                            nationals in connection with ballot 
                            initiatives and referenda.
 Subtitle G--Constitutional Experts Panel With Respect to Presidential 
                               Elections

Sec. 171. Short title.
Sec. 172. Establishment of panel of constitutional experts.
                TITLE II--MILITARY VOTING ADMINISTRATION

            Subtitle A--Findings Relating to Military Voting

Sec. 201. Findings relating to military voting.
           Subtitle B--GAO Analysis on Military Voting Access

Sec. 211. GAO analysis and report on effectiveness of Federal 
                            Government in meeting obligations to 
                            promote voting access for absent uniformed 
                            services voters.
 TITLE III--PROTECTION OF POLITICAL SPEECH AND CAMPAIGN FINANCE REFORM

                Subtitle A--Protecting Political Speech

Sec. 301. Findings.
Sec. 302. Repeal of limits on coordinated political party expenditures.
Sec. 303. Repeal of limit on aggregate contributions by individuals.
Sec. 304. Equalization of contribution limits to State and national 
                            political party committees.
Sec. 305. Expansion of permissible Federal election activity by State 
                            and local political parties.
Sec. 306. Participation in joint fundraising activities by multiple 
                            political committees.
Sec. 307. Protecting privacy of donors to tax-exempt organizations.
Sec. 308. Reporting requirements for tax-exempt organizations.
Sec. 309. Maintenance of standards for determining eligibility of 
                            section 501(c)(4) organizations.
Sec. 310. Increased funding for the 10-Year Pediatric Research 
                            Initiative Fund.
   Subtitle B--Prohibition on Use of Federal Funds for Congressional 
                               Campaigns

Sec. 311. Prohibiting use of Federal funds for payments in support of 
                            congressional campaigns.
          Subtitle C--Registration and Reporting Requirements

Sec. 321. Reporting requirements with respect to electioneering 
                            communications.
Sec. 322. Increased qualifying threshold and establishing purpose for 
                            political committees.
Sec. 323. Increased threshold with respect to independent expenditure 
                            reporting requirement.
Sec. 324. Increased qualifying threshold with respect to candidates.
Sec. 325. Repeal requirement of persons making independent expenditures 
                            to report identification of certain donors.
      Subtitle D--Exclusion of Certain Amounts From Treatment as 
                     Contributions or Expenditures

Sec. 331. Increased threshold for exemption of certain amounts as 
                            contributions.
Sec. 332. Exemption of uncompensated internet communications from 
                            treatment as contribution or expenditure.
Sec. 333. Media exemption.
    Subtitle E--Prohibition on Issuance of Regulations on Political 
                             Contributions

Sec. 341. Prohibition on issuance of regulations on political 
                            contributions.
                  Subtitle F--Miscellaneous Provisions

Sec. 351. Permanent extension of fines for qualified disclosure 
                            requirement violations.
Sec. 352. Political committee disbursement requirements.
Sec. 353. Designation of individual authorized to make campaign 
                            committee disbursements in event of death 
                            of candidate.
Sec. 354. Prohibition on contributions in name of another.
Sec. 355. Unanimous consent of Commission members required for 
                            Commission to refuse to defend actions 
                            brought against Commission.
Sec. 356. Federal Election Commission member pay.
Sec. 357. Uniform statute of limitations for proceedings to enforce 
                            Federal Election Campaign Act of 1971.
Sec. 358. Deadline for promulgation of proposed regulations.
                      TITLE IV--ELECTION SECURITY

                Subtitle A--Promoting Election Security

Sec. 401. Short title.
Sec. 402. Reports to Congress on foreign threats to elections.
Sec. 403. Rule of construction.
             Subtitle B--Cybersecurity for Election Systems

Sec. 411. Cybersecurity advisories relating to election systems.
Sec. 412. Process to test for and monitor cybersecurity vulnerabilities 
                            in election equipment.
Sec. 413. Duty of Secretary of Homeland Security to notify State and 
                            local officials of election cybersecurity 
                            incidents.
     TITLE V--SENSE OF CONGRESS WITH RESPECT TO ROLE OF STATES IN 
                      CONGRESSIONAL REDISTRICTING

Sec. 501. Sense of Congress with respect to role of States in 
                            congressional redistricting.
               TITLE VI--DISINFORMATION GOVERNANCE BOARD

Sec. 601. Termination of the Disinformation Governance Board.
Sec. 602. Prohibition on funding the activities of the Disinformation 
                            Governance Board.
                        TITLE VII--SEVERABILITY

Sec. 701. Severability.

SEC. 3. GENERAL FINDINGS.

    Congress finds the following:
            (1) According to Article 1, Section 4 of the Constitution 
        of the United States, the States have the primary role in 
        establishing ``(t)he Times, Places and Manners of holding 
        Elections for Senators and Representatives'', while Congress 
        has a purely secondary role in this space and must restrain 
        itself from acting improperly and unconstitutionally.
            (2) Federal election legislation should never be the first 
        step and must never impose burdensome, unfunded Federal 
        mandates on State and local elections officials. When Congress 
        does speak, it must devote its efforts only to resolving highly 
        significant and substantial deficiencies to ensure the 
        integrity of our elections. State legislatures are the primary 
        venues to establish rules for governing elections and correct 
        most issues.
            (3) All eligible voters who wish to participate must have 
        the opportunity to vote, and all lawful votes must be counted.
            (4) States must balance appropriate election administration 
        structures and systems with accessible access to the ballot 
        box.
            (5) Political speech is protected speech.
            (6) The First Amendment protects the right of all Americans 
        to state their political views and donate money to the 
        candidates, causes, and organizations of their choice without 
        fear of retribution.
            (7) Redistricting decisions are best made at the State 
        level.
            (8) States must maintain the flexibility to determine the 
        best redistricting processes for the particular needs of their 
        citizens.
            (9) Congress has independent authority under the 
        Fourteenth, Fifteenth, Nineteenth, Twenty-Fourth, and Twenty-
        Sixth Amendments to ensure elections are conducted without 
        unlawful discrimination.
            (10) The Voting Rights Act, which is not anchored in 
        Article 1, Section 4 of the Constitution, has seen much success 
        since its first passage in 1965, and Congress should continue 
        to exercise its constitutional authority in this space as 
        appropriate.

               TITLE I--ELECTION ADMINISTRATION INTEGRITY

        Subtitle A--Findings Relating to Election Administration

SEC. 101. FINDINGS RELATING TO ELECTION ADMINISTRATION.

    (a) Sense of Congress.--It is the sense of Congress that 
constitutional scholar Robert Natelson has done invaluable work with 
respect to the history and understanding of the Elections Clause.
    (b) Findings.--Congress finds the following:
            (1) The Constitution reserves to the States the primary 
        authority to set election legislation and administer 
        elections--the ``times, places, and manner of holding of 
        elections''--and Congress' power in this space is purely 
        secondary to the States' power and is to be employed only in 
        the direst of circumstances. History, precedent, the Framers' 
        words, debates concerning ratification, the Supreme Court, and 
        the Constitution itself make it exceedingly clear that 
        Congress' power over elections is not unfettered.
            (2) The Framing Generation grappled with the failure of the 
        Articles of Confederation, which provided for only a weak 
        national government incapable of preserving the Union. Under 
        the Articles, the States had exclusive authority over Federal 
        elections held within their territory; but, given the 
        difficulties the national government had experienced with State 
        cooperation (e.g., the failure of Rhode Island to send 
        delegates to the Confederation Congress), the Federalists, 
        including Alexander Hamilton, were concerned with the 
        possibility that the States, in an effort to destroy the 
        Federal Government, simply might not hold elections or that an 
        emergency, such as an invasion or insurrection, might prevent 
        the operation of a State's government, leaving the Congress 
        without Members and the Federal Government unable to respond.
            (3) Quite plainly, Alexander Hamilton, a leading Federalist 
        and proponent of our Constitution, understood the Elections 
        Clause as serving only as a sort of emergency fail-safe, not as 
        a cudgel used to nationalize our elections process. Writing as 
        Publius to the people of New York, Hamilton further expounds on 
        the correct understanding of the Elections Clause: ``T[he] 
        natural order of the subject leads us to consider, in this 
        place, that provision of the Constitution which authorizes the 
        national legislature to regulate, in the last resort, the 
        election of its own members.''. Alexander Hamilton (writing as 
        Publius), Federalist no. 59, Concerning the Power of Congress 
        to Regulate the Election of Members, N.Y. PACKET (Fri., Feb. 
        22, 1788).
            (4) When questioned at the States' constitutional ratifying 
        conventions with respect to this provision, the Federalists 
        confirmed this understanding of a constitutionally limited, 
        secondary congressional power under Article 1, Section 4. 
        (``[C]onvention delegate James McHenry added that the risk to 
        the federal government [without a fail-safe provision] might 
        not arise from state malice: An insurrection or rebellion might 
        prevent a state legislature from administering an election.''); 
        (``An occasion may arise when the exercise of this ultimate 
        power of Congress may be necessary . . . if a state should be 
        involved in war, and its legislature could not assemble, (as 
        was the case of South Carolina and occasionally of some other 
        states, during the [Revolutionary] war).''); (``Sir, let it be 
        remembered that this power can only operate in a case of 
        necessity, after the factious or listless disposition of a 
        particular state has rendered an interference essential to the 
        salvation of the general government.''). See Robert G. 
        Natelson, The Original Scope of the Congressional Power to 
        Regulate Elections, 13 U. PA. J. CONST. L. 1, 12-13 (Nov. 
        2010).
            (5) John Jay made similar claims in New York. And, as 
        constitutional scholar Robert Natelson notes in his invaluable 
        article, The Original Scope of the Congressional Power to 
        Regulate Elections, ``Alexander Contee Hanson, a member of 
        Congress whose pamphlet supporting the Constitution proved 
        popular, stated flatly that Congress would exercise its times, 
        places, and manner authority only in cases of invasion, 
        legislative neglect or obstinate refusal to pass election laws 
        [providing for the election of Members of Congress], or if a 
        state crafted its election laws with a `sinister purpose' or to 
        injure the general government.'' Cementing his point, Hanson 
        goes further to decree, ``The exercise of this power must at 
        all times be so very invidious, that congress will not venture 
        upon it without some very cogent and substantial reason.''. 
        Alexander Contee Hanson (writing as Astrides), Remarks on the 
        Proposed Plan: 31 January, reprinted in John P. Kaminski, 
        Gaspare J. Saladino, and Richard Leffler (eds.), 3 Commentaries 
        on the Constitution, public and private 18 December 1787 to 31 
        January 1788 522-26 (1984).
            (6) In fact, had the alternate view of the Elections Clause 
        been accepted at the time of the Constitution's drafting--that 
        is, that it offers Congress unfettered power over Federal 
        elections-- it is likely that the Constitution would not have 
        been ratified or that an amendment to this language would have 
        been required.
            (7) Indeed, at least seven of the original 13 States--over 
        half and enough to prevent the Constitution from being 
        ratified--expressed specific concerns with the language of the 
        Elections Clause. See 1 Annals of Cong. 799 (1789), Joseph 
        Gales (ed.) (1834). However, ``[l]eading Federalists . . .'' 
        assured them ``. . . that, even without amendment, the 
        [Elections] Clause should be construed as limited to 
        emergencies''. Three States, New York, North Carolina, and 
        Rhode Island, specifically made their ratification contingent 
        on this understanding being made express. Ratification of the 
        Constitution by the State of New York (July 26, 1788) (``Under 
        these impressions and declaring that the rights aforesaid 
        cannot be abridged or violated, and the Explanations aforesaid 
        are consistent with the said Constitution, And in confidence 
        that the Amendments which have been proposed to the said 
        Constitution will receive early and mature Consideration: We 
        the said Delegates, in the Name and in [sic] the behalf of the 
        People of the State of New York Do by these presents Assent to 
        and Ratify the said Constitution. In full Confidence . . . that 
        the Congress will not make or alter any Regulation in this 
        State respecting the times places and manner of holding 
        Elections for Senators or Representatives unless the 
        Legislature of this State shall neglect or refuse to make laws 
        or regulations for the purpose, or from any circumstance be 
        incapable of making the same, and that in those cases such 
        power will only be exercised until the Legislature of this 
        State shall make provision in the Premises''); Ratification of 
        the Constitution by the State of North Carolina (Nov. 21, 1789) 
        (``That Congress shall not alter, modify, or interfere in the 
        times, places, or manner of holding elections for senators and 
        representatives, or either of them, except when the legislature 
        of any state shall neglect, refuse or be disabled by invasion 
        or rebellion, to prescribe the same.''); Ratification of the 
        Constitution by the State of Rhode Island (May 29, 1790) 
        (``Under these impressions, and declaring, that the rights 
        aforesaid cannot be abridged or violated, and that the 
        explanations aforesaid, are consistent with the said 
        constitution, and in confidence that the amendments hereafter 
        mentioned, will receive an early and mature consideration, and 
        conformably to the fifth article of said constitution, speedily 
        become a part thereof; We the said delegates, in the name, and 
        in [sic] the behalf of the People, of the State of Rhode-Island 
        and Providence-Plantations, do by these Presents, assent to, 
        and ratify the said Constitution. In full confidence . . . That 
        the Congress will not make or alter any regulation in this 
        State, respecting the times, places and manner of holding 
        elections for senators and representatives, unless the 
        legislature of this state shall neglect, or refuse to make laws 
        or regulations for the purpose, or from any circumstance be 
        incapable of making the same; and that [i]n those cases, such 
        power will only be exercised, until the legislature of this 
        State shall make provision in the Premises[.]'').
            (8) Congress finds that the Framers designed and the 
        ratifying States understood the Elections Clause to serve 
        solely as a protective backstop to ensure the preservation of 
        the Federal Government, not as a font of limitless power for 
        Congress to wrest control of Federal elections from the States.
            (9) This understanding was also reinforced by debate during 
        the first Congress that convened under the Constitution where 
        Representative Aedanus Burke proposed a constitutional 
        amendment to limit the Times, Places and Manner Clause to 
        emergencies. Although the amendment failed, those on both sides 
        of the Burke amendment debate already understood the Elections 
        Clause to limit Federal elections power to emergencies.
            (10) History clearly shows that even in the first Congress 
        that convened under the Constitution, it was acknowledged and 
        understood through the debates that ensued over the Elections 
        Clause provision that Congress' control over elections is 
        limited.
            (11) Similarly, proponent Representative Smith of South 
        Carolina also believed the original text of the Elections 
        Clause already limited the Federal Government's power over 
        Federal elections to emergencies and so thought there would be 
        no harm in supporting an amendment to make that language 
        express. Annals of Congress 801 (1789) Joseph Gales Edition. A 
        Century of Lawmaking for a New Nation: U.S. Congressional 
        Documents and Debates, 1774-1875 (loc.gov). So, even the 
        records of the First Congress reflect a recognition of the 
        emergency nature of congressional power over Federal elections.
            (12) Similarly, the Supreme Court has supported this 
        understanding. In Smiley v. Holm, the Court held that Article 
        1, Section 4 of the Constitution reserved to the States the 
        primary ``. . . authority to provide a complete code for 
        congressional elections, not only as to times and places, but 
        in relation to notices, registration, supervision of voting, 
        protection of voters, prevention of fraud and corrupt 
        practices, counting of votes, duties of inspectors and 
        canvassers, and making and publication of election returns; in 
        short, to enact the numerous requirements as to procedure and 
        safeguards which experience shows are necessary in order to 
        enforce the fundamental right involved. And these requirements 
        would be nugatory if they did not have appropriate sanctions in 
        the definition of offenses and punishments. All this is 
        comprised in the subject of `times, places and manner of 
        holding elections', and involves lawmaking in its essential 
        features and most important aspect.''. Smiley v. Holm, 285 U.S. 
        355, 366 (1932).
            (13) This holding is consistent with the understanding of 
        the Elections Clause since the framing of the Constitution. The 
        Smiley Court also held that while Congress maintains the 
        authority to ``. . . supplement these state regulations or [to] 
        substitute its own[]'', such authority remains merely ``a 
        general supervisory power over the whole subject.''. Id.
            (14) More recently, the Court noted in Arizona v. Inter-
        Tribal Council of Ariz., Inc. that ``[t]his grant of 
        congressional power [that is, the fail-safe provision in the 
        Elections Clause] was the Framers' insurance against the 
        possibility that a State would refuse to provide for the 
        election of representatives to the Federal Congress.''. Arizona 
        v. Inter-Tribal Council of Arizona, Inc., 570 U.S. 1, 7-9 
        (2013). The Court explained that the Elections Clause ``. . . 
        imposes [upon the States] the duty . . . to prescribe the time, 
        place, and manner of electing Representatives and 
        Senators[.]''. Id. at 8. And, while, as the Court noted, 
        ``[t]he power of Congress over the `Times, Places, and Manner' 
        of congressional elections is paramount, and may be exercised 
        at any time, and to any extent which it deems expedient; and so 
        far as it is exercised, and no farther, the regulations 
        effected supersede those of the State which are inconsistent 
        therewith[]'', id. at 9, the Inter-Tribal Court explained, 
        quoting extensively from the Federalist no. 59, that it was 
        clear that the congressional fail-safe included in the 
        Elections Clause was intended for the sorts of governmental 
        self-preservation discussed here: ``[E]very government ought to 
        contain in itself the means of its own preservation[.]''; 
        ``[A]n exclusive power of regulating elections for the national 
        government, in the hands of the State legislatures, would leave 
        the existence of the Union entirely at their mercy. They could 
        at any moment annihilate it by neglecting to provide for the 
        choice of persons to administer its affairs.''. Id. at 8.
            (15) It is clear in every respect that the congressional 
        fail-safe described in the Elections Clause vests purely 
        secondary authority over Federal elections in the Federal 
        legislative branch and that the primary authority rests with 
        the States. Congressional authority is intended to be, and as a 
        matter of constitutional fact is, limited to addressing the 
        worst imaginable issues, such as invasion or other matters that 
        might lead to a State not electing representatives to 
        constitute the two Houses of Congress. Congress' authority has 
        never extended to the day-to-day authority over the ``Times, 
        Places and Manner of Election'' that the Constitution clearly 
        reserves to the States.
            (16) Congress must act within the bounds of its 
        constitutional authority when enacting legislation concerning 
        the administration of our Nation's elections.

   Subtitle B--Voluntary Considerations for State Administration of 
                           Federal Elections

SEC. 111. SHORT TITLE.

    This subtitle may be cited as the ``Voluntarily Offered Tools for 
Election Reforms by States Act'' or the ``VOTERS Act''.

SEC. 112. ELECTION INTEGRITY VOLUNTARY CONSIDERATIONS.

    (a) In General.--Subtitle C of title II of the Help America Vote 
Act of 2002 (52 U.S.C. 20981 et seq.) is amended--
            (1) by redesignating section 247 as section 248; and
            (2) by inserting after section 246 the following new 
        section:

``SEC. 247. RELEASE OF VOLUNTARY CONSIDERATIONS BY STANDARDS BOARD WITH 
              RESPECT TO ELECTION ADMINISTRATION.

    ``(a) In General.--The Standards Board shall draw from experiences 
in their home jurisdictions and information voluntarily provided by and 
between States on what has worked and not worked and release voluntary 
considerations with respect to the administration of an election for 
Federal office.
    ``(b) Matters To Consider.--In releasing the voluntary 
considerations under subsection (a), the Standards Board shall examine 
and consolidate information provided by States and release 
considerations with respect to each of the following categories:
            ``(1) The process for the administration of ballots 
        delivered by mail, including--
                    ``(A) deadlines for the return and receipt of such 
                ballots to the appropriate election official;
                    ``(B) the design of such ballots, including the 
                envelopes used to deliver the ballots;
                    ``(C) the process for requesting and tracking the 
                return of such ballots; and
                    ``(D) the processing of such ballots upon receipt 
                by the appropriate election official, including the 
                schedule for counting the ballots and the reporting of 
                the unofficial results of such counting.
            ``(2) The signature verification procedures used to verify 
        the identity of voters in an election, which shall include an 
        evaluation of human and machine methods of signature 
        verification, an assessment of the training provided to 
        individuals tasked to carry out such verification procedures, 
        and the proposal of other less subjective methods of confirming 
        the identity of a voter such as requiring the identification 
        number of a valid government-issued photo identification or the 
        last four digits of the voter's social security number to be 
        provided along with the voter's signature.
            ``(3) The processes used to carry out maintenance of the 
        official list of persons registered to vote in each State.
            ``(4) Rules and requirements with respect to the access 
        provided to election observers.
            ``(5) The processes used to ensure the timely and accurate 
        reporting of the unofficial results of ballot counting in each 
        polling place in a State and the reporting of the unofficial 
        results of such counting.
            ``(6) The methods used to recruit poll workers and 
        designate the location of polling places during a pandemic, 
        natural disaster, or other emergency.
            ``(7) The education of the public with respect to the 
        certification and testing of voting machines prior to the use 
        of such machines in an election for Federal office, including 
        education with respect to how such machines are tested for 
        accuracy and logic.
            ``(8) The processes and procedures used to carry out a 
        post-election audit.
            ``(9) The processes and procedures used to ensure a secure 
        chain of custody with respect to ballots and election 
        equipment.
    ``(c) Release of Voluntary Considerations.--
            ``(1) Deadline for release.--Not later than December 31, 
        2023, the Standards Board shall release voluntary 
        considerations with respect to each of the categories described 
        in subsection (b).
            ``(2) Transmission and notification requirements.--Not 
        later than 15 days after the date the Standards Board releases 
        voluntary considerations with respect to a category described 
        in subsection (b), the Commission shall--
                    ``(A) transmit the considerations to the chief 
                State election official of each State and the elected 
                leadership of the legislature of each State, including 
                the elected leadership of any committee of the 
                legislature of a State with jurisdiction with respect 
                to elections;
                    ``(B) make the considerations available on a 
                publicly accessible Government website; and
                    ``(C) notify and transmit the considerations to the 
                chair and ranking minority member of the Committee on 
                House Administration of the House of Representatives 
                and the chair and ranking minority member of the 
                Committee on Rules and Administration of the Senate.
    ``(d) Use of Requirements Payments for Implementation of Voluntary 
Considerations.--A State may use a requirements payment provided under 
this Act to implement any of the voluntary considerations released 
under subsection (a).
    ``(e) Rule of Construction.--Nothing in this section may be 
construed to require compliance with the voluntary considerations 
released under subsection (a), including as a condition of the receipt 
of Federal funds.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended--
            (1) by redesignating the item relating to section 247 as 
        relating to section 248; and
            (2) by inserting after the item relating to section 246 the 
        following new item:

``Sec. 247. Release of voluntary considerations by Standards Board with 
                            respect to election administration.''.

       Subtitle C--Requirements To Promote Integrity in Election 
                             Administration

SEC. 121. ENSURING ONLY ELIGIBLE AMERICAN CITIZENS MAY PARTICIPATE IN 
              FEDERAL ELECTIONS.

    (a) Short Title.--This section may be cited as the ``Non-citizens: 
Outlawed from Voting in Our Trusted Elections Act of 2022'' or the ``NO 
VOTE for Non-Citizens Act of 2022''.
    (b) Findings; Sense of Congress.--
            (1) Findings.--Congress finds the following:
                    (A) Every eligible person who wishes to cast a 
                ballot in a Federal election must be permitted to do so 
                according to law, and their ballot must be examined 
                according to law, and, if it meets all lawful 
                requirements, counted.
                    (B) Congress has long required States to maintain 
                Federal voter registration lists in a manner that 
                promotes voter confidence.
                    (C) The changes included herein are not intended to 
                be an expansion of Federal power but rather a 
                clarification of State authority.
                    (D) The Fifteenth Amendment, the Nineteenth 
                Amendment, the Twenty-Fourth Amendment, and the Twenty-
                Sixth Amendment, among other references, make clear 
                that the Constitution prohibits voting by non-citizens 
                in Federal elections.
                    (E) Congress has the constitutional authority, 
                including under the aforementioned amendments, to pass 
                statutes preventing non-citizens from voting in Federal 
                elections, and did so with the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996.
                    (F) Congress may further exercise its 
                constitutional authority to ensure the Constitution's 
                prohibition on non-citizen voting in Federal elections 
                is upheld.
                    (G) Since the Constitution prohibits non-citizens 
                from voting in Federal elections, such ineligible 
                persons must not be permitted to be placed on Federal 
                voter registration lists.
                    (H) Improper placement of an ineligible non-citizen 
                on a Federal voter registration list leads to--
                            (i) confusion on the part of the ineligible 
                        person with respect to their ineligibility to 
                        cast a ballot; and
                            (ii) an increased likelihood that human 
                        error will permit ineligible persons to cast 
                        ballots in Federal elections.
                    (I) State officials have confirmed that poorly 
                maintained voter registration lists lead to ineligible 
                persons casting ballots in Federal elections.
                    (J) A former Broward County, Florida, elections 
                supervisor has confirmed that ineligible non-voters 
                were able to cast ballots in previous elections and 
                that she was not able to locate as many as 2,040 
                ballots during the 2018 midterm recount.
                    (K) This clarification of State authority to 
                maintain Federal voter registration lists to ensure 
                non-citizens are not included on such lists will 
                promote voter confidence in election processes and 
                outcomes.
                    (L) Congress has the authority to ensure that no 
                Federal elections funding is used to support States 
                that permit non-citizens to cast ballots in any 
                election.
                    (M) Federal courts and executive agencies have much 
                of the information States may need to maintain their 
                Federal voter registration lists, and those entities 
                should make that information accessible to State 
                election authorities.
                    (N) It is important to clarify the penalty for any 
                violation of law that allows a non-citizen to cast a 
                ballot in a Federal election.
                    (O) To protect the confidence of voters in Federal 
                elections, it is important to implement the policy 
                described herein.
            (2) Sense of congress.--It is the sense of Congress that--
                    (A) many States have not adequately met the 
                requirements concerning the removal of ineligible 
                persons from State voter registration rolls pursuant to 
                section 8 of the National Voter Registration Act of 
                1993 (52 U.S.C. 20507) and should strive to audit and 
                update their voter registration rolls on a routine 
                basis;
                    (B) allowing non-citizens to cast ballots in 
                American elections weakens our electoral system and the 
                value of citizenship and sows distrust in our elections 
                system;
                    (C) even if a State has the sovereign authority, no 
                State should permit non-citizens to cast ballots in 
                State or local elections;
                    (D) States should use all information available to 
                them to maintain Federal voter registration lists and 
                should inform Congress if such data is insufficient; 
                and
                    (E) Congress may take further action in the future 
                to address this problem.
    (c) Clarifying Authority of States To Remove Non-Citizens From 
Voting Rolls.--
            (1) Authority under regular removal programs.--Section 
        8(a)(4) of the National Voter Registration Act of 1993 (52 
        U.S.C. 20507(a)(4)) is amended--
                    (A) by striking ``or'' at the end of subparagraph 
                (A);
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (C) by inserting after subparagraph (A) the 
                following new subparagraph:
                    ``(B) the registrant's status as a noncitizen of 
                the United States; or''.
            (2) Conforming amendment relating to ongoing removal.--
        Section 8(c)(2)(B)(i) of such Act (52 U.S.C. 20507(c)(2)(B)(i)) 
        is amended by striking ``(4)(A)'' and inserting ``(4)(A) or 
        (B)''.
    (d) Requirement To Maintain Separate State Voter Registration List 
for Non-Citizens.--Section 8(a) of the National Voter Registration Act 
of 1993 (52 U.S.C. 20507(a)) is amended--
            (1) in paragraph (5)(B), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(7) in the case of a State that allows individuals who 
        are not citizens of the United States to vote in elections for 
        public office in the State or any local jurisdiction of the 
        State, ensure that the name of any registrant who is not a 
        citizen of the United States is maintained on a voter 
        registration list that is separate from the official list of 
        eligible voters with respect to registrants who are citizens of 
        the United States.''.
    (e) Requirements for Ballots for State or Local Jurisdictions That 
Allow Non-Citizen Voting.--Section 301(a)(1) of the Help America Vote 
Act of 2002 (52 U.S.C. 21081(a)(1)) is amended by adding at the end the 
following new subparagraph:
                    ``(D) In the case of a State or local jurisdiction 
                that allows individuals who are not citizens of the 
                United States to vote in elections for public office in 
                the State or local jurisdiction, the ballot used for 
                the casting of votes by a noncitizen in such State or 
                local jurisdiction may only include the candidates for 
                the elections for public office in the State or local 
                jurisdiction for which the noncitizen is permitted to 
                vote.''.
    (f) Reduction in Payments for Election Administration to States or 
Local Jurisdictions That Allow Non-Citizen Voting.--
            (1) In general.--Title IX of the Help America Vote Act of 
        2002 (52 U.S.C. 21141 et seq.) is amended by adding at the end 
        the following new section:

``SEC. 907. REDUCTION IN PAYMENTS TO STATES OR LOCAL JURISDICTIONS THAT 
              ALLOW NONCITIZEN VOTING.

    ``(a) In General.--Notwithstanding any other provision of this Act, 
the amount of a payment under this Act to any State or local 
jurisdiction that allows individuals who are not citizens of the United 
States to vote in elections for public office in the State or local 
jurisdiction shall be reduced by 30 percent.
    ``(b) Prohibition on Use of Funds for Certain Election 
Administration Activities.--Notwithstanding any other provision of law, 
no Federal funds may be used to implement the requirements of section 
8(a)(7) of the National Voter Registration Act of 1993 (52 U.S.C. 
20507(a)(7)) (as added by section 121(d) of the American Confidence in 
Elections Act) or section 301(a)(1)(D) of the Help America Vote Act of 
2002 (52 U.S.C. 21081(a)(1)(D)) (as added by section 121(e) of the 
American Confidence in Elections Act) in a State or local jurisdiction 
that allows individuals who are not citizens of the United States to 
vote in elections for public office in the State or local 
jurisdiction.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by adding at the end the following new item:

``Sec. 907. Reduction in payments to States or local jurisdictions that 
                            allow noncitizen voting.''.
    (g) Promoting Provision of Information by Federal Entities.--
            (1) In general.--Each entity of the Federal Government 
        which maintains information which is relevant to the status of 
        an individual as a registered voter in elections for Federal 
        office in a State shall, upon the request of an election 
        official of the State, provide that information to the election 
        official.
            (2) Policies and procedures.--Consistent with section 
        3506(g) of title 44, United States Code, an entity of the 
        Federal Government shall carry out this subsection in 
        accordance with policies and procedures which will ensure that 
        the information is provided securely, accurately, and in a 
        timely basis.
            (3) Conforming amendment relating to coverage under privacy 
        act.--Section 552a(b) of title 5, United States Code, is 
        amended--
                    (A) by striking ``or'' at the end of paragraph 
                (11);
                    (B) by striking the period at the end of paragraph 
                (12) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(13) to an election official of a State in accordance 
        with section 121(h) of the American Confidence in Elections 
        Act.''.
    (h) Ensuring Provision of Information to State Election Officials 
on Individuals Recused From Jury Service on Grounds of Non-
Citizenship.--
            (1) Requirement described.--If a United States district 
        court recuses an individual from serving on a jury on the 
        grounds that the individual is not a citizen of the United 
        States, the court shall transmit a notice of the individual's 
        recusal--
                    (A) to the chief State election official of the 
                State in which the individual resides; and
                    (B) to the Attorney General.
            (2) Definitions.--For purposes of this subsection--
                    (A) the ``chief State election official'' of a 
                State is the individual designated by the State under 
                section 10 of the National Voter Registration Act of 
                1993 (52 U.S.C. 20509) to be responsible for 
                coordination of the State's responsibilities under such 
                Act; and
                    (B) the term ``State'' means each of the several 
                States, the District of Columbia, the Commonwealth of 
                Puerto Rico, American Samoa, Guam, the United States 
                Virgin Islands, and the Commonwealth of the Northern 
                Mariana Islands.
    (i) Prohibition on Voting by Non-Citizens in Federal Elections.--
            (1) In general.--Section 12 of the National Voter 
        Registration Act of 1993 (52 U.S.C. 20511) is amended--
                    (A) by striking ``A person'' and inserting ``(a) In 
                General.--A person''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(b) Prohibition on Voting by Aliens.--
            ``(1) In general.--It shall be unlawful for any alien to 
        vote in any election in violation of section 611 of title 18, 
        United States Code.
            ``(2) Penalties.--Any person who violates this subsection 
        shall be fined under title 18, United States Code, imprisoned 
        not more than one year, or both.''.
            (2) Effective date.--This subsection and the amendments 
        made by this subsection shall apply with respect to elections 
        held on or after the date of the enactment of this Act.

SEC. 122. STATE REPORTING REQUIREMENTS WITH RESPECT TO VOTER LIST 
              MAINTENANCE.

    Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 
20507) is amended--
            (1) in subsection (i), by adding at the end the following:
    ``(3) The records maintained pursuant to paragraph (1) shall 
include lists of the names and addresses of all registrants in a State 
who were inactive according to the criteria described in subsection 
(d)(1)(B) and the length of time each such registrant has been inactive 
according to such criteria.'';
            (2) by redesignating subsection (j) as subsection (k); and
            (3) by inserting after subsection (i) the following new 
        subsection:
    ``(j) Reporting Requirements.--Not later than June 30 of each odd-
numbered year, each State shall submit to the Election Assistance 
Commission a report that includes, with respect to such State during 
the preceding 2-year period, the total number of--
            ``(1) registrants who were inactive according to the 
        criteria described in subsection (d)(1)(B) and the length of 
        time each such registrant has been inactive according to such 
        criteria;
            ``(2) registrants who voted in at least one of the prior 2 
        consecutive general elections for Federal office;
            ``(3) registrants removed from the list of official voters 
        in the State pursuant to subsection (d)(1)(B);
            ``(4) notices sent to registrants pursuant to subsection 
        (d)(2); and
            ``(5) registrants who received a notice described in 
        paragraph (4) who responded to such notice.''.

SEC. 123. CONTENTS OF STATE MAIL VOTER REGISTRATION FORM.

    (a) Short Title.--This section may be cited as the ``State 
Instruction Inclusion Act''.
    (b) In General.--Section 6(a) of the National Voter Registration 
Act of 1993 (52 U.S.C. 20505(a)) is amended--
            (1) in paragraph (1), by inserting ``, except that a State 
        may, in addition to the criteria stated in section 9(b), 
        require that an applicant provide proof that the applicant is a 
        citizen of the United States'' after ``elections for Federal 
        office''; and
            (2) in paragraph (2), by inserting ``and such form may 
        include a requirement that the applicant provide proof that the 
        applicant is a citizen of the United States'' after ``elections 
        for Federal office''.

SEC. 124. PROVISION OF PHOTOGRAPHIC CITIZEN VOTER IDENTIFICATION TOOLS 
              FOR STATE USE.

    (a) Short Title.--This section may be cited as the ``Citizen Vote 
Protection Act''.
    (b) Findings; Sense of Congress.--
            (1) Findings.--Congress finds the following:
                    (A) Photo voter identification programs established 
                by the States should be administered without unlawful 
                discrimination and with an eye toward balancing 
                appropriate access to the ballot box with election 
                integrity and voter confidence goals.
                    (B) As confirmed by the bipartisan Commission on 
                Federal Election Reform (commonly known as the Carter-
                Baker Commission), ``[v]oters in nearly 100 democracies 
                use a photo identification card without fear of 
                infringement of their rights''.
                    (C) As confirmed by the Carter-Baker Commission, 
                ``[t]he right to vote is a vital component of U.S. 
                citizenship and all States should use their best 
                efforts to obtain proof of citizenship before 
                registering voters.''.
                    (D) The Carter-Baker Commission was correct in its 
                2005 report when it recommended that the REAL ID Act be 
                ``modestly adapted for voting purposes to indicate on 
                the front or back whether the individual is a U.S. 
                citizen.''.
                    (E) Congress acknowledges the important work 
                completed by the Carter-Baker Commission and, by 
                amending the REAL ID Act, resolves the concerns in the 
                Commission's report that ``[t]he REAL ID Act does not 
                require that the card indicates citizenship, but that 
                would need to be done if the card is to be used for 
                voting purposes''.
                    (F) Photographic voter identification is important 
                for ensuring voter confidence in election processes and 
                outcomes.
                    (G) Requiring photographic voter identification is 
                well within States' constitutional competence, 
                including pursuant to the Qualifications Clause of the 
                Constitution of the United States (article I, section 
                2, clause 2), the Presidential Electors Clause of the 
                Constitution (article II, section 1, clause 2), and the 
                Seventeenth Amendment.
                    (H) The Fifteenth Amendment, the Nineteenth 
                Amendment, the Twenty-Fourth Amendment, and the Twenty-
                Sixth Amendment, among other references, make clear 
                that the Constitution prohibits voting by non-citizens 
                in Federal elections.
                    (I) Congress has the constitutional authority, 
                including under the aforementioned amendments, to pass 
                statutes preventing non-citizens from voting in Federal 
                elections, and did so with the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996.
                    (J) Congress may further exercise its 
                constitutional authority to ensure the Constitution's 
                prohibition on non-citizen voting in Federal elections 
                is upheld.
            (2) Sense of congress.--It is the sense of Congress that 
        the States should implement the substance of the recommendation 
        of the Carter-Baker Commission that, ``[t]o ensure that persons 
        presenting themselves at the polling place are the ones on the 
        registration list, the Commission recommends that states 
        [encourage] voters to use the REAL ID card, which was mandated 
        in a law signed by the President in May 2005''.
    (c) REAL ID Act Amendment.--
            (1) Amendment.--Section 202(b) of the Real ID Act of 2005 
        (49 U.S.C. 30301 note) is amended by adding at the end the 
        following new paragraph:
            ``(10) If the person is a citizen of the United States, an 
        indication of that citizenship, except that no other 
        information may be included with respect to the immigration 
        status of the person.''.
            (2) Applicability.--The amendment made by this subsection 
        shall be effective January 1, 2026, and shall apply with 
        respect to any driver's license or identification card issued 
        by a State on and after such date.
    (d) Rule of Construction.--Nothing in this section or in any 
amendment made by this section may be construed to establish or mandate 
the use of a national identification card or to authorize any office of 
the executive branch to establish or mandate the use of a national 
identification card.

SEC. 125. MANDATORY PROVISION OF IDENTIFICATION FOR CERTAIN VOTERS NOT 
              VOTING IN PERSON.

    (a) Requiring Voters To Provide Identification.--Title III of the 
Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended--
            (1) by redesignating sections 304 and 305 as sections 305 
        and 306; and
            (2) by inserting after section 303 the following new 
        section:

``SEC. 304. MANDATORY PROVISION OF IDENTIFICATION FOR CERTAIN VOTERS 
              WHO VOTE BY MAIL.

    ``(a) Finding of Constitutional Authority.--Congress finds that it 
has the authority to establish the terms and conditions that States 
must follow with respect to the administration of voting by mail 
because article I, section 8, clause 7 of the Constitution of the 
United States and other enumerated powers grant Congress the power to 
regulate the operations of the United States Postal Service.
    ``(b) Requiring Provision of Identification To Receive a Ballot or 
Vote in Certain Cases.--
            ``(1) Individuals requesting a ballot to vote by mail.--
        Notwithstanding any other provision of law, the appropriate 
        State or local election official may not provide an individual 
        a ballot to vote by mail for an election for Federal office in 
        a case in which the individual requested such ballot other than 
        in person from the appropriate State or local election official 
        of the State at a State designated elections office unless the 
        individual submits with the application for the ballot a copy 
        of an identification described in paragraph (3).
            ``(2) Individuals voting by mail in certain cases.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, in a case in which the appropriate 
                State or local election official provides an individual 
                a ballot to vote by mail for an election for Federal 
                office without requiring such individual to submit a 
                separate application or request to receive such ballot 
                for each such election, the election official may not 
                accept the voted ballot unless the individual submits 
                with the voted ballot a copy of an identification 
                described in paragraph (3).
                    ``(B) Fail-safe voting.--An individual who desires 
                to vote other than in person but who does not meet the 
                requirements of subparagraph (A) may cast such a ballot 
                other than in person and the ballot shall be counted as 
                a provisional ballot in accordance with section 302(a).
            ``(3) Identification described.--An identification 
        described in this paragraph is, with respect to an individual--
                    ``(A) a current and valid photo identification of 
                the individual;
                    ``(B) a copy of a current utility bill, bank 
                statement, government check, paycheck, or other 
                government document that shows the name and address of 
                the individual;
                    ``(C) a valid driver's license or an identification 
                card issued by a State or the identification number for 
                such driver's license or identification card issued by 
                a State;
                    ``(D) the last 4 digits of the individual's social 
                security number; or
                    ``(E) such other documentation issued by a Federal, 
                State, or local government that provides the same or 
                more identifying information as required by 
                subparagraphs (A) through (D) such that the election 
                official is reasonably certain as to the identity of 
                the individual.
    ``(c) Exceptions.--This section does not apply with respect to any 
individual who is--
            ``(1) entitled to vote by absentee ballot under the 
        Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 
        20301 et seq.);
            ``(2) provided the right to vote otherwise than in person 
        under section 3(b)(2)(B)(ii) of the Voting Accessibility for 
        the Elderly and Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii)); 
        or
            ``(3) entitled to vote otherwise than in person under any 
        other Federal law.
    ``(d) Rule of Construction.--Nothing in this section may be 
construed as prohibiting a State from imposing identification 
requirements to request a ballot to vote by mail or cast a vote by mail 
that are more stringent than the requirements under this section.
    ``(e) Effective Date.--This section shall take effect on January 1, 
2024.''.
    (b) Conforming Amendments Relating to Existing Identification 
Requirements.--
            (1) Treatment as individuals registering to vote by mail 
        for purposes of first-time voter identification requirements.--
        Section 303(b)(1)(A) of the Help America Vote Act of 2002 (52 
        U.S.C. 21083(b)(1)(A)) is amended by striking ``by mail'' and 
        inserting ``by mail or otherwise not in person at an elections 
        office or voter registration agency of the State''.
            (2) Exceptions.--Section 303(b)(3) of the Help America Vote 
        Act of 2002 (52 U.S.C. 21083(b)(3)) is amended--
                    (A) in subparagraph (A), by striking ``by mail 
                under section 6 of the National Voter Registration Act 
                of 1993 (42 U.S.C. 1973gg-4)'' and inserting ``by mail 
                under section 6 of the National Voter Registration Act 
                of 1993 (52 U.S.C. 20505) or otherwise not in person at 
                a voter registration agency of the State''; and
                    (B) in subparagraph (B)(i), by striking ``by mail 
                under section 6 of the National Voter Registration Act 
                of 1993 (42 U.S.C. 1973gg-4)'' and inserting ``by mail 
                under section 6 of the National Voter Registration Act 
                of 1993 (52 U.S.C. 20505) or otherwise not in person at 
                a voter registration agency of the State''.
            (3) Expansion of types of identification permitted.--
        Section 303(b)(2)(A) of the Help America Vote Act of 2002 (52 
        U.S.C. 21083(b)(2)(A)) is amended--
                    (A) in clause (i)--
                            (i) in subclause (I), by striking ``or'' at 
                        the end; and
                            (ii) by adding at the end the following new 
                        subclause:
                                    ``(III) such other documentation 
                                issued by a Federal, State, or local 
                                government that provides the same or 
                                more identifying information as 
                                required by subclauses (I) and (II) 
                                such that the election official is 
                                reasonably certain as to the identity 
                                of the individual; or''; and
                    (B) in clause (ii)--
                            (i) in subclause (I), by striking ``or'' at 
                        the end;
                            (ii) in subclause (II), by striking the 
                        period at the end and inserting ``; or''; and
                            (iii) by adding at the end the following 
                        new subclause:
                                    ``(III) such other documentation 
                                issued by a Federal, State, or local 
                                government that provides the same or 
                                more identifying information as 
                                required by subclauses (I) and (II) 
                                such that the election official is 
                                reasonably certain as to the identity 
                                of the individual.''.
    (c) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and 
inserting ``303, and 304''.
    (d) Clerical Amendment.--The table of contents of such Act is 
amended--
            (1) by redesignating the items relating to sections 304 and 
        305 as relating to sections 305 and 306; and
            (2) by inserting after the item relating to section 303 the 
        following:

``Sec. 304. Mandatory provision of identification for certain voters 
                            who vote by mail.''.

SEC. 126. CONFIRMING ACCESS FOR CONGRESSIONAL ELECTION OBSERVERS.

    (a) Short Title.--This section may be cited as the ``Confirmation 
Of Congressional Observer Access Act of 2022'' or the ``COCOA Act of 
2022''.
    (b) Findings Relating to Congressional Election Observers.--
Congress finds the following:
            (1) The Constitution delegates to each of House of the 
        Congress the authority to ``be the Judge of the Elections, 
        Returns and Qualifications of its own Members''.
            (2) While, in general, Congress shall respect the 
        determination of State authorities with respect to the election 
        of members to each House, each House of Congress serves as the 
        final arbiter over any contest to the seating of any putative 
        Member-elect or Senator-elect.
            (3) These election contest procedures are contained in the 
        precedents of each House of Congress. Further, for the House of 
        Representatives the procedures exist under the Federal 
        Contested Elections Act.
            (4) In the post-Civil War modern era, more than 100 
        election contests have been filed with the House of 
        Representatives.
            (5) For decades, Congress has appointed and sent out 
        official congressional observers to watch the administration of 
        congressional elections in the States and territories.
            (6) These observers serve to permit Congress to develop its 
        own factual record in preparation for eventual contests and for 
        other reasons.
            (7) This section and the amendments made by this section do 
        not establish any new authorities or procedures but are 
        provided simply to permit a convenient statutory reference for 
        existing Congressional authority and activity.
    (c) Confirming Requirement That States Provide Access.--Title III 
of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as 
amended by section 125(a), is amended--
            (1) by redesignating sections 305 and 306 as sections 306 
        and 307; and
            (2) by inserting after section 304 the following new 
        section:

``SEC. 305. CONFIRMING ACCESS FOR CONGRESSIONAL ELECTION OBSERVERS.

    ``(a) Finding of Constitutional Authority.--Congress finds that it 
has the authority to require that States allow access to designated 
Congressional election observers to observe the election administration 
procedures in an election for Federal office because the authority 
granted to Congress under article I, section 5 of the Constitution of 
the United States gives each House of Congress the power to be the 
judge of the elections, returns and qualifications of its own Members.
    ``(b) Requiring States To Provide Access.--A State shall provide 
each individual who is a designated Congressional election observer for 
an election with full access to clearly observe all of the elements of 
the administration procedures with respect to such election, including 
but not limited to in all areas of polling places and other facilities 
where ballots in the election are processed, tabulated, cast, 
canvassed, and certified, in all areas where voter registration 
activities occur before such election, and in any other such place 
where election administration procedures to prepare for the election or 
carry out any post-election recounts take place. No designated 
Congressional election observer may handle ballots, elections equipment 
(voting or non-voting), advocate for a position or candidate, take any 
action to reduce ballot secrecy, or otherwise interfere with the 
elections administration process.
    ``(c) Designated Congressional Election Observer Described.--In 
this section, a `designated Congressional election observer' is an 
individual who is designated in writing by the chair or ranking 
minority member of the Committee on House Administration of the House 
of Representatives or the Committee on Rules and Administration of the 
Senate, or the successor committee in either House of Congress to 
gather information with respect to an election, including in the event 
that the election is contested in the House of Representatives or the 
Senate and for other purposes permitted by article 1, section 5 of the 
Constitution of the United States.''.
    (d) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111), as amended by section 125(c), is amended by 
striking ``and 304'' and inserting ``304, and 305''.
    (e) Clerical Amendment.--The table of contents of such Act, as 
amended by section 125(d), is amended--
            (1) by redesignating the items relating to sections 305 and 
        306 as relating to sections 306 and 307; and
            (2) by inserting after the item relating to section 304 the 
        following:

``Sec. 305. Confirming access for Congressional election observers.''.

SEC. 127. USE OF REQUIREMENTS PAYMENTS FOR POST-ELECTION AUDITS.

    Section 251(b)(1) of the Help America Vote Act of 2002 (52 U.S.C. 
21001(b)(1)) is amended by inserting ``, including to conduct and 
publish an audit of the effectiveness and accuracy of the voting 
systems, election procedures, and outcomes used to carry out an 
election for Federal office in the State and the performance of the 
State and local election officials who carried out the election'' after 
``requirements of title III''.

SEC. 128. CERTAIN TAX BENEFITS AND SIMPLIFICATION WITH RESPECT TO 
              ELECTION WORKERS.

    (a) Short Title.--This section may be cited as the ``Election 
Worker Employer Participation Act''.
    (b) Exclusion From Gross Income for Certain Election Worker 
Compensation.--
            (1) In general.--Part III of subchapter B of chapter 1 of 
        the Internal Revenue Code of 1986 is amended by inserting after 
        section 139H the following new section:

``SEC. 139I. CERTAIN COMPENSATION OF ELECTION WORKERS.

    ``(a) In General.--Gross income shall not include qualified 
election worker compensation.
    ``(b) Limitation.--The amount excludible from gross income under 
subsection (a) with respect to any taxpayer for any taxable year shall 
not exceed the dollar amount in effect under section 3121(b)(7)(F)(iv) 
for the calendar year in which such taxable year begins.
    ``(c) Qualified Election Worker Compensation.--For purposes of this 
section, the term `qualified election worker compensation' means 
amounts otherwise includible in gross income which are paid by a State, 
political subdivision of a State, or any instrumentality of a State or 
any political subdivision thereof, for the service of an individual as 
an election official or election worker (within the meaning of section 
3121(b)(7)(F)(iv)).''.
            (2) Clerical amendment.--The table of sections for part III 
        of subchapter B of chapter 1 of such Code is amended by 
        inserting after the item relating to section 139H the following 
        new item:

``Sec. 139I. Certain compensation of election workers.''.
    (c) Exclusion From Gross Income for Certain Student Loan Repayments 
of Election Workers.--Section 127(c) of such Code is amended by adding 
at the end the following new paragraph:
            ``(8) Special rule for election workers.--In the case of 
        any payment by a State, political subdivision of a State, or 
        any instrumentality of a State or any political subdivision 
        thereof, for the service of an individual as an election 
        official or election worker (within the meaning of section 
        3121(b)(7)(F)(iv)), paragraph (1)(B) shall be applied without 
        regard to the phrase `in the case of payments made before 
        January 1, 2026,'.''.
    (d) Information Reporting Not Required by Reason of Certain Amounts 
Excludible From Gross Income.--Section 6041 of such Code is amended by 
adding at the end the following new subsection:
    ``(h) Treatment of Certain Excludible Compensation of Election 
Workers.--In the case of any payment by a State, political subdivision 
of a State, or any instrumentality of a State or any political 
subdivision thereof, for the service of an individual as an election 
official or election worker (within the meaning of section 
3121(b)(7)(F)(iv)), the determination of whether the $600 threshold 
described in subsection (a) has been met with respect to such 
individual shall be determined by not taking into account--
            ``(1) any such payment which is qualified election worker 
        compensation (as defined in section 139I(c)) which does not 
        exceed the limitation described in section 139I(b), and
            ``(2) any such payment which is excludible from the gross 
        income of such individual under section 127.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to payments made after December 31, 2022, in taxable years ending 
after such date.

SEC. 129. VOLUNTARY GUIDELINES WITH RESPECT TO NONVOTING ELECTION 
              TECHNOLOGY.

    (a) Short Title.--This section may be cited as the ``Protect 
American Voters Act''.
    (b) Adoption of Voluntary Guidelines by Election Assistance 
Commission.--
            (1) Adoption of guidelines.--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 new subtitle:

   ``Subtitle E--Voluntary Guidelines for Use of Nonvoting Election 
                               Technology

``SEC. 298. ADOPTION OF VOLUNTARY GUIDELINES BY COMMISSION.

    ``(a) Adoption.--The Commission shall adopt voluntary guidelines 
for election officials on the use of nonvoting election technology, 
taking into account the recommendations of the Standards Board under 
section 298A.
    ``(b) Review.--The Commission shall review the guidelines adopted 
under this subtitle not less frequently than once every 4 years, and 
may adopt revisions to the guidelines as it considers appropriate.
    ``(c) Process for Adoption.--The adoption of the voluntary 
guidelines under this subtitle shall be carried out by the Commission 
in a manner that provides for each of the following:
            ``(1) Publication of notice of the proposed guidelines in 
        the Federal Register.
            ``(2) An opportunity for public comment on the proposed 
        guidelines.
            ``(3) An opportunity for a public hearing on the record.
            ``(4) Publication of the final recommendations in the 
        Federal Register.
    ``(d) Deadline for Initial Set of Guidelines.--The Commission shall 
adopt the initial set of voluntary guidelines under this section not 
later than December 31, 2025.

``SEC. 298A. ROLE OF STANDARDS BOARD.

    ``(a) Duties.--The Standards Board shall assist the Commission in 
the adoption of voluntary guidelines under section 298, including by 
providing the Commission with recommendations on appropriate standards 
for the use of nonvoting election technology, including standards to 
ensure the security and accuracy, and promote the usability, of such 
technology, and by conducting a review of existing State programs with 
respect to the testing of nonvoting election technology.
    ``(b) Sources of Assistance.--
            ``(1) Certain members of technical guidelines development 
        committee.--The following members of the Technical Guidelines 
        Development Committee under section 221 shall assist the 
        Standards Board in carrying out its duties under this section:
                    ``(A) The Director of the National Institute of 
                Standards and Technology.
                    ``(B) The representative of the American National 
                Standards Institute.
                    ``(C) The representative of the Institute of 
                Electrical and Electronics Engineers.
                    ``(D) The 4 members of the Technical Guidelines 
                Development Committee appointed under subsection 
                (c)(1)(E) of such section as the other individuals with 
                technical and scientific expertise relating to voting 
                systems and voting equipment.
            ``(2) Detailee from cisa.--The Executive Board of the 
        Standards Board may request the Director of the Cybersecurity 
        and Infrastructure Security Agency of the Department of 
        Homeland Security to provide a detailee to assist the Standards 
        Board in carrying out its duties under this section, so long as 
        such detailee has no involvement in the drafting of any of the 
        voluntary guidelines.

``SEC. 298B. USE OF PAYMENTS TO OBTAIN OR UPGRADE TECHNOLOGY.

    ``A State may use funds provided under any law for activities to 
improve the administration of elections for Federal office, including 
to enhance election technology and make election security improvements, 
to obtain nonvoting election technology which is in compliance with the 
voluntary guidelines adopted under section 298 or to upgrade nonvoting 
election technology so that the technology is in compliance with such 
guidelines, and may, notwithstanding any other provision of law, use 
any unobligated grant funding provided to the State by the Election 
Assistance Commission from amounts appropriated under the heading 
`Independent Agencies--Election Assistance Commission--Election 
Security Grants' in title V of division C of the Consolidated 
Appropriations Act, 2020 (Public Law 116-93) for the purposes of 
enhancing election technology and making election security improvements 
until December 31, 2024.

``SEC. 298C. NONVOTING ELECTION TECHNOLOGY DEFINED.

    ``In this subtitle, the term `nonvoting election technology' means 
technology used in the administration of elections for Federal office 
which is not used directly in the casting, counting, tabulating, or 
collecting of ballots or votes, including each of the following:
            ``(1) Electronic pollbooks or other systems used to check 
        in voters at a polling place or verify a voter's 
        identification.
            ``(2) Election result reporting systems.
            ``(3) Electronic ballot delivery systems.
            ``(4) Online voter registration systems.
            ``(5) Polling place location search systems.
            ``(6) Sample ballot portals.
            ``(7) Signature systems.
            ``(8) Such other technology as may be recommended for 
        treatment as nonvoting election technology as the Standards 
        Board may recommend.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by adding at the end of the items relating to title 
        II the following:

   ``Subtitle E--Voluntary Guidelines for Use of Nonvoting Election 
                               Technology

``Sec. 298. Adoption of voluntary guidelines by Commission.
``Sec. 298A. Role of Standards Board.
``Sec. 298B. Use of payments to obtain or upgrade technology.
``Sec. 298C. Nonvoting election technology defined.''.
    (c) Treatment of Technology Used in Most Recent Election.--Any 
nonvoting election technology, as defined in section 298C of the Help 
America Vote Act of 2002 (as added by subsection (a)(1)), which a State 
used in the most recent election for Federal office held in the State 
prior to the date of the enactment of this Act shall be deemed to be in 
compliance with the voluntary guidelines on the use of such technology 
which are adopted by the Election Assistance Commission under section 
298 of such Act (as added by subsection (a)(1)).

SEC. 130. STATUS REPORTS BY NATIONAL INSTITUTE OF STANDARDS AND 
              TECHNOLOGY.

    Section 231 of the Help America Vote Act of 2002 (52 U.S.C. 20971) 
is amended by adding at the end the following new subsection:
    ``(e) Status Reports by National Institute of Standards and 
Technology.--Not later than 60 days after the end of each fiscal year 
(beginning with 2023), the Director of the National Institute of 
Standards and Technology shall submit to Congress a status report 
describing--
            ``(1) the extent to which the Director carried out the 
        Director's responsibilities under this Act during the fiscal 
        year, including the responsibilities imposed under this section 
        and the responsibilities imposed with respect to the Technical 
        Guidelines Development Committee under section 222, together 
        with the Director's best estimate of when the Director will 
        completely carry out any responsibility which was not carried 
        out completely during the fiscal year; and
            ``(2) the extent to which the Director carried out any 
        projects requested by the Commission during the fiscal year, 
        together with the Director's best estimate of when the Director 
        will complete any such project which the Director did not 
        complete during the fiscal year.''.

SEC. 131. 501(C)(3) ORGANIZATIONS PROHIBITED FROM PROVIDING DIRECT OR 
              INDIRECT FUNDING FOR ELECTION ADMINISTRATION.

    (a) Short Title.--This section may be cited as the ``End 
Zuckerbucks Act of 2022''.
    (b) In General.--Section 501(c)(3) of the Internal Revenue Code of 
1986 is amended--
            (1) by striking ``and which does not participate'' and 
        inserting ``which does not participate'', and
            (2) by striking the period at the end and inserting ``and 
        which does not provide direct funding to any State or unit of 
        local government for the purpose of the administration of 
        elections for public office or any funding to any State or unit 
        of local government in a case in which it is reasonable to 
        expect such funding will be used for the purpose of the 
        administration of elections for public office (except with 
        respect to the donation of space to a State or unit of local 
        government to be used as a polling place in an election for 
        public office).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to funding provided in taxable years beginning after December 31, 
2023.

SEC. 132. REQUIREMENTS WITH RESPECT TO ELECTION MAIL.

    (a) Short Title.--This section may be cited as the ``Election 
Integrity Mail Reform Act of 2022''.
    (b) Prioritizing Election Mail.--Title 39, United States Code, is 
amended by adding after chapter 36 the following:

               ``CHAPTER 37--ELECTION AND POLITICAL MAIL

``Sec.
``3701. Prioritization of processing and delivery of election mail.
``3702. Use of nonprofit permit for cooperative mailings.
``3703. Marking or notice on election mail.
``3704. Application to Uniformed and Overseas Citizens Absentee Voting 
                            Act.
``Sec. 3701. Prioritization of processing and delivery of election mail
    ``(a) In General.--The Postal Service shall give priority to the 
processing and delivery of election mail. In carrying out this 
subsection, the Postal Service shall at a minimum--
            ``(1) deliver any election mail regardless of the amount of 
        postage paid;
            ``(2) shall, to the greatest extent practicable, process 
        and clear election mail from any postal facility each day; and
            ``(3) carry and deliver election mail expeditiously.
    ``(b) Election Mail With Insufficient Postage.--In carrying out 
subsection (a)(1), the Postal Service shall process and deliver 
election mail with insufficient postage in the same manner as election 
mail with sufficient postage, but may collect insufficient postage 
after delivery of any election mail with insufficient postage.
    ``(c) Underfunded or Overdrawn Accounts.--The Postal Service shall 
process and deliver election mail, under the standards in place under 
subsection (a), sent from a customer using an account registered with 
the Postal Service (including a corporate account or an advance deposit 
account) even if such account is underfunded or overdrawn. Nothing in 
this section shall be construed to limit or otherwise prevent the 
Postal Service from seeking reimbursement from any person regarding 
unpaid postage.
    ``(d) Election Mail Defined.--In this chapter, the term `election 
mail' means any item mailed to or from an individual for purposes of 
the individual's participation in an election for public office, 
including balloting materials, voter registration cards, absentee 
ballot applications, polling place notification and photographic voter 
identification materials.
``Sec. 3702. Use of nonprofit permit for cooperative mailings
    ``Notwithstanding any other law, rule, or regulation, a national, 
State, or local committee of a political party (as defined under the 
Federal Election Campaign Act of 1971) which is eligible to mail at the 
nonprofit rate may conduct a cooperative mailing at that nonprofit rate 
with a candidate, a candidate's committee, or another committee of a 
political party, and may seek reimbursement from such a candidate, 
candidate's committee, or committee of a political party for the costs 
of such mailing.
``Sec. 3703. Marking or notice on election mail
    ``(a) In General.--For the purposes of assisting election officials 
in processing election mail, the Postal Service shall place a marking 
or notice indicating that a piece of mail is election mail.
    ``(b) Requirements.--The Postal Service may determine the 
appropriate manner in which subsection (a) is carried out, but at a 
minimum such marking or notice shall--
            ``(1) be placed, as soon as practicable, at the time the 
        election mail is received by the Postal Service, in a 
        conspicuous and legible type or in a common machine-readable 
        technology on the envelope or other cover in which the election 
        mail is mailed; and
            ``(2) clearly demonstrate the date and time that such 
        marking or noticed was so placed.
    ``(c) Rule of Construction.--Nothing in this section may be 
construed as requiring any change to the processes and procedures used 
by the Postal Service with respect to Postal Service barcodes on 
envelopes carried or delivered by the Postal Service.
``Sec. 3704. Application to Uniformed and Overseas Citizens Absentee 
              Voting Act
    ``This chapter shall not apply to balloting materials under the 
Uniformed and Overseas Citizens Absentee Voting Act and nothing in this 
chapter shall be construed to alter or otherwise affect the operation 
of such Act or section 3406 of this title.''.
    (c) Postmarking Stamps.--Section 503 of title 18, United States 
Code, is amended--
            (1) by striking ``Whoever forges'' and inserting ``(a) 
        Whoever forges'';
            (2) by striking ``or such impression thereof,'' and all 
        that follows and inserting the following:
``or such impression thereof--
            ``(1) shall be fined under this title or imprisoned not 
        more than five years, or both; or
            ``(2) if the impression from a postmarking stamp or 
        impression thereof forged, counterfeited, used, sold, or 
        possessed in violation of this section is applied to a mailed 
        ballot for an election for Federal, State, or local office, 
        shall be fined under this title or imprisoned not more than 10 
        years, or both.''; and
            (3) by adding at the end following new subsection:
    ``(a) Whoever, with the intent to falsify the date on which a 
postmark was applied, applies to a mailed ballot described in 
subsection (a)(2) a genuine postmark that bears a date other than the 
date on which such postmark was applied, shall be subject to the 
penalties set forth in such subsection.''.

SEC. 133. CLARIFICATION OF RIGHT OF STATE TO APPEAL DECISIONS THROUGH 
              DULY AUTHORIZED REPRESENTATIVE.

    Section 1254 of title 28, United States Code, is amended--
            (1) in paragraph (1), by striking the semicolon at the end 
        and inserting a period; and
            (2) by adding at the end the following:
            ``(3) By appeal by a party (including the State as 
        represented by any agent authorized as a party under State law) 
        relying on a State statute held by a court of appeals to be 
        invalid as repugnant to the Constitution, treaties or laws of 
        the United States, but such appeal shall preclude review by 
        writ of certiorari at the instance of such appellant, and the 
        review on appeal shall be restricted to the Federal questions 
        presented.''.

SEC. 134. CLARIFICATION OF FEDERAL AGENCY INVOLVEMENT IN VOTER 
              REGISTRATION ACTIVITIES.

    Executive Order 14019 (86 Fed. Reg. 13623; relating to promoting 
access to voting) shall have no force or effect to the extent that it 
is inconsistent with section 7 of the National Voter Registration Act 
of 1993 (52 U.S.C. 20506).

SEC. 135. PROHIBITION ON USE OF FEDERAL FUNDS FOR ELECTION 
              ADMINISTRATION IN STATES THAT PERMIT BALLOT HARVESTING.

    (a) Short Title.--This section may be cited as the ``No Federal 
Funds for Ballot Harvesting Act''.
    (b) Findings.--Congress finds that--
            (1) the right to vote is a fundamental right of citizens of 
        the United States, as described by the Constitution of the 
        United States;
            (2) the Committee on House Administration of the House of 
        Representatives, which is charged with investigating election 
        irregularities, received reports through its official Election 
        Observer Program for the 2018 general election and the 2020 
        general election, as well as from other stakeholders, that 
        individuals other than voters themselves were depositing large 
        amounts of absentee ballots at polling places throughout 
        California and other States, a practice colloquially known as 
        ``ballot harvesting'';
            (3) the practice of ballot harvesting creates significant 
        vulnerabilities in the chain-of-custody of ballots because 
        individuals collecting ballots are not required to be 
        registered voters and are not required to identify themselves 
        at a voter's home, and the State does not track how many 
        ballots are harvested in an election;
            (4) in North Carolina, a congressional election was 
        invalidated due to fraud associated with ballot harvesting 
        committed by a political operative, and it is unlikely such 
        activity would have been detected were it not for the 
        prohibition against ballot harvesting in the State;
            (5) ballot harvesting invites electioneering activity at 
        home and weakens States' long-standing voter protection 
        procedures, which remain in place at polling locations, 
        creating the possibility of undue influence over voters by 
        political operatives and other bad actors; and
            (6) the Supreme Court of the United States has affirmed 
        State authority to restrict ballot harvesting (Brnovich v. 
        Democratic National Committee, 141 S. Ct. 2321 (2021)).
    (c) Prohibition on Federal Funds for Election Administration for 
States Allowing Collection and Transmission of Ballots by Certain Third 
Parties.--
            (1) In general.--The Help America Vote Act of 2002 (52 
        U.S.C. 20901 et seq.) is amended by adding at the end the 
        following new section:

``SEC. 908. PROHIBITION ON FEDERAL FUNDS FOR ELECTION ADMINISTRATION 
              FOR STATES ALLOWING COLLECTION AND TRANSMISSION OF 
              BALLOTS BY CERTAIN THIRD PARTIES.

    ``(a) In General.--Notwithstanding any other provision of law, no 
Federal funds may be used to administer any election for Federal office 
in a State unless the State has in effect a law that prohibits an 
individual from the knowing collection and transmission of a ballot in 
an election for Federal office that was mailed to another person, other 
than an individual described as follows:
            ``(1) An election official while engaged in official duties 
        as authorized by law.
            ``(2) An employee of the United States Postal Service or 
        other commercial common carrier engaged in similar activities 
        while engaged in duties authorized by law.
            ``(3) Any other individual who is allowed by law to collect 
        and transmit United States mail, while engaged in official 
        duties as authorized by law.
            ``(4) A family member, household member, or caregiver of 
        the person to whom the ballot was mailed.
    ``(b) Definitions.--For purposes of this section, with respect to a 
person to whom the ballot was mailed:
            ``(1) The term `caregiver' means an individual who provides 
        medical or health care assistance to such person in a 
        residence, nursing care institution, hospice facility, assisted 
        living center, assisted living facility, assisted living home, 
        residential care institution, adult day health care facility, 
        or adult foster care home.
            ``(2) The term `family member' means an individual who is 
        related to such person by blood, marriage, adoption or legal 
        guardianship.
            ``(3) The term `household member' means an individual who 
        resides at the same residence as such person.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by adding at the end the following new item:

``Sec. 908. Prohibition on Federal funds for election administration 
                            for States allowing collection and 
                            transmission of ballots by certain third 
                            parties.''.

SEC. 136. CLARIFICATION WITH RESPECT TO FEDERAL ELECTION RECORD-KEEPING 
              REQUIREMENT.

    Section 301 of the Civil Rights Act of 1960 (52 U.S.C. 20701) is 
amended by inserting `` including envelopes used to deliver ballots by 
mail,'' after ``requisite to voting in such election,''.

SEC. 137. CLARIFICATION OF RULES WITH RESPECT TO HIRING OF ELECTION 
              WORKERS.

    (a) In General.--With respect to hiring election workers in a State 
or local jurisdiction, the State or local jurisdiction may give 
preference to individuals who are veterans or individuals with a 
disability.
    (b) Individual With a Disability Defined.--In this section, an 
``individual with a disability'' means an individual with an impairment 
that substantially limits any major life activities.

SEC. 138. UNITED STATES POSTAL SERVICE COORDINATION WITH STATES TO 
              ENSURE MAILING ADDRESSES.

    (a) In General.--Not later than 2 years after the date of the 
enactment of this Act, the Postmaster General shall, in coordination 
with the appropriate State executives of each State, carry out a 
program to identify and assign a mailing address to each home in each 
State that, as of the date of the enactment of this Act, does not have 
a mailing address assigned to such home, with a priority given to 
assigning mailing addresses to such homes located on Indian lands.
    (b) Definitions.--In this section:
            (1) Indian.--The term ``Indian'' has the meaning given the 
        term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304).
            (2) Indian lands.--The term ``Indian lands'' includes--
                    (A) any Indian country of an Indian Tribe, as 
                defined under section 1151 of title 18, United States 
                Code;
                    (B) any land in Alaska owned, pursuant to the 
                Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
                seq.), by an Indian Tribe that is a Native village (as 
                defined in section 3 of that Act (43 U.S.C. 1602)) or 
                by a Village Corporation that is associated with an 
                Indian Tribe (as defined in section 3 of that Act (43 
                U.S.C. 1602));
                    (C) any land on which the seat of the Tribal 
                Government is located; and
                    (D) any land that is part or all of a Tribal 
                designated statistical area associated with an Indian 
                Tribe, or is part or all of an Alaska Native village 
                statistical area associated with an Indian Tribe, as 
                defined by the Census Bureau for the purposes of the 
                most recent decennial census.
            (3) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term ``Indian tribe'' in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304).
            (4) State.--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).
            (5) Tribal government.--The term ``Tribal Government'' 
        means the recognized governing body of an Indian Tribe.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated $5,000,000 to carry out this section.

SEC. 139. STATE DEFINED.

    Section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141) 
is amended by striking ``and the United States Virgin Islands'' and 
inserting ``the United States Virgin Islands, and the Commonwealth of 
the Northern Mariana Islands''.

     Subtitle D--District of Columbia Election Integrity and Voter 
                               Confidence

SEC. 141. SHORT TITLE.

    This subtitle may be cited as the ``American Confidence in 
Elections: District of Columbia Election Integrity and Voter Confidence 
Act''.

SEC. 142. REQUIREMENTS FOR ELECTIONS IN DISTRICT OF COLUMBIA.

    (a) Requirements Described.--Title III of the Help America Vote Act 
of 2002 (52 U.S.C. 21801 et seq.) is amended by adding at the end the 
following new subtitle:

    ``Subtitle C--Requirements for Elections in District of Columbia

``SEC. 321. STATEMENT OF CONGRESSIONAL AUTHORITY; FINDINGS.

    ``Congress finds that it has the authority to establish the terms 
and conditions for the administration of elections for public office in 
the District of Columbia--
            ``(1) under article I, section 8, clause 17 of the 
        Constitution of the United States, which grants Congress the 
        exclusive power to enact legislation with respect to the seat 
        of the government of the United States; and
            ``(2) under other enumerated powers granted to Congress.

``SEC. 322. REQUIREMENTS FOR PHOTO IDENTIFICATION.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Voter Identification 
Act'.
    ``(b) Requiring Provision of Identification To Receive a Ballot or 
Vote.--
            ``(1) Individuals voting in person.--A District of Columbia 
        election official may not provide a ballot for a District of 
        Columbia election to an individual who desires to vote in 
        person unless the individual presents to the official an 
        identification described in paragraph (3).
            ``(2) Individuals voting other than in person.--A District 
        of Columbia election official may not provide a ballot for a 
        District of Columbia election to an individual who desires to 
        vote other than in person unless the individual submits with 
        the application for the ballot a copy of an identification 
        described in paragraph (3).
            ``(3) Identification described.--An identification 
        described in this paragraph is, with respect to an individual, 
        any of the following:
                    ``(A) A current and valid motor vehicle license 
                issued by the District of Columbia or any other current 
                and valid photo identification of the individual which 
                is issued by the District of Columbia or the 
                identification number for such motor vehicle license or 
                photo identification.
                    ``(B) A current and valid United States passport, a 
                current and valid military photo identification, or any 
                other current and valid photo identification of the 
                individual which is issued by the Federal Government.
                    ``(C) Any current and valid photo identification of 
                the individual which is issued by a Tribal Government.
                    ``(D) A student photo identification issued by a 
                secondary school (as such term is defined in section 
                8101 of the Elementary and Secondary Education Act of 
                1965 (20 U.S.C. 7801)) or an institution of higher 
                education (as such term is defined in section 101 of 
                the Higher Education Act of 1965 (20 U.S.C. 1001)).
                    ``(E) The last 4 digits of the individual's social 
                security number.
            ``(4) Ensuring proof of residence.--If an individual 
        presents or submits an identification described in paragraph 
        (3) which does not include the address of the individual's 
        residence, the District of Columbia election official may not 
        provide a ballot to the individual unless the individual 
        presents or submits a document or other written information 
        from a third party which--
                    ``(A) provides the address of the individual's 
                residence; and
                    ``(B) such document or other written information is 
                of sufficient validity such that the election official 
                is reasonably certain as to the identity of the 
                individual.
    ``(c) Provision of Identification Without Cost to Indigent 
Individuals.--If the District of Columbia charges an individual a fee 
for an identification described in subsection (b)(3) and the individual 
provides an attestation that the individual is unable to afford the 
fee, the District of Columbia shall provide the identification to the 
individual at no cost.
    ``(d) Special Rule With Respect to Sincerely Held Religious 
Beliefs.--In the case of an individual who is unable to comply with the 
requirements of subsection (b) due to sincerely held religious beliefs, 
the District of Columbia shall provide such individual with an 
alternative identification that shall be deemed to meet the 
requirements of an identification described in subsection (b)(3).
    ``(e) Designation of District of Columbia Agency To Provide Copies 
of Identification.--The Mayor of the District of Columbia shall 
designate an agency of the District of Columbia Government to provide 
an individual with a copy of an identification described in subsection 
(b)(3) at no cost to the individual for the purposes of meeting the 
requirement under subsection (b)(2).
    ``(f) Inclusion of Photos in Poll Books.--
            ``(1) Methods for obtaining photos.--
                    ``(A) Provision of photos by offices of district of 
                columbia government.--If any office of the District of 
                Columbia Government has a photograph or digital image 
                of the likeness of an individual who is eligible to 
                vote in a District of Columbia election, the office, in 
                consultation with the chief election official of the 
                District of Columbia, shall provide access to the 
                photograph or digital image to the chief election 
                official of the District of Columbia.
                    ``(B) Taking of photos at polling place.--If a 
                photograph or digital image of an individual who votes 
                in person at a polling place is not included in the 
                poll book which contains the name of the individuals 
                who are eligible to vote in the District of Columbia 
                election and which is used by election officials to 
                provide ballots to such eligible individuals, the 
                appropriate election official shall take a photograph 
                of the individual and provide access to the photograph 
                to the chief election official of the District of 
                Columbia.
                    ``(C) Copies of photos provided by individuals not 
                voting in person.--The election official who receives a 
                copy of an identification described in subsection 
                (b)(3) which is submitted by an individual who desires 
                to vote other than in person at a polling place shall 
                provide access to the copy of the identification to the 
                chief election official of the District of Columbia.
            ``(2) Inclusion in poll books.--The chief election official 
        of the District of Columbia shall ensure that a photograph, 
        digital image, or copy of an identification for which access is 
        provided under paragraph (1) is included in the poll book which 
        contains the name of the individuals who are eligible to vote 
        in the District of Columbia election and which is used by 
        election officials to provide ballots to such eligible 
        individuals.
            ``(3) Protection of privacy of voters.--The appropriate 
        election officials of the District of Columbia shall ensure 
        that any photograph, digital image, or copy of an 
        identification which is included in a poll book under this 
        subsection is not used for any purpose other than the 
        administration of District of Columbia elections and is not 
        provided or otherwise made available to any other person except 
        as may be necessary to carry out that purpose.
    ``(g) Exceptions.--This section does not apply with respect to any 
individual who is--
            ``(1) entitled to vote by absentee ballot under the 
        Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 
        20301 et seq.);
            ``(2) provided the right to vote otherwise than in person 
        under section 3(b)(2)(B)(ii) of the Voting Accessibility for 
        the Elderly and Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii)); 
        or
            ``(3) entitled to vote otherwise than in person under any 
        other Federal law.
    ``(h) Definitions.--For the purposes of this section, the following 
definitions apply:
            ``(1) Indian tribe.--The term `Indian Tribe' has the 
        meaning given the term `Indian tribe' in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304).
            ``(2) Tribal government.--The term `Tribal Government' 
        means the recognized governing body of an Indian Tribe.

``SEC. 323. REQUIREMENTS FOR VOTER REGISTRATION.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Voter List Maintenance 
Act'.
    ``(b) Annual List Maintenance.--
            ``(1) Requirements.--
                    ``(A) In general.--The District of Columbia shall 
                carry out annually a program to remove ineligible 
                persons from the official list of persons registered to 
                vote in the District of Columbia, as required by 
                section 8 of the National Voter Registration Act of 
                1993 (52 U.S.C. 20507) and pursuant to the procedures 
                described in subparagraph (B).
                    ``(B) Removal from voter rolls.--In the case of a 
                registrant from the official list of eligible voters in 
                District of Columbia elections who has failed to vote 
                in a District of Columbia election during a period of 
                two consecutive years, the District of Columbia shall 
                send to such registrant a notice described in section 
                8(d)(2) of the National Voter Registration Act of 1993 
                (52 U.S.C. 20507(d)(2)) and shall remove the registrant 
                from the official list of eligible voters in District 
                of Columbia elections if--
                            ``(i) the registrant fails to respond to 
                        such notice; and
                            ``(ii) the registrant has not voted or 
                        appeared to vote in a District of Columbia 
                        election during the period beginning the date 
                        such notice is sent and ending the later of 4 
                        years after the date such notice is sent or 
                        after two consecutive District of Columbia 
                        general elections have been held.
            ``(2) Timing.--In the case of a year during which a 
        regularly scheduled District of Columbia election is held, the 
        District of Columbia shall carry out the program described in 
        paragraph (1) not later than 90 days prior to the date of the 
        election.
    ``(c) Prohibiting Same-Day Registration.--The District of Columbia 
may not permit an individual to vote in a District of Columbia election 
unless, not later than 30 days prior to the date of the election, the 
individual is duly registered to vote in the election.

``SEC. 324. BAN ON COLLECTION AND TRANSMISSION OF BALLOTS BY CERTAIN 
              THIRD PARTIES.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Election Fraud Prevention 
Act'.
    ``(b) In General.--The District of Columbia may not permit an 
individual to knowingly collect and transmit a ballot in a District of 
Columbia election that was mailed to another person, other than an 
individual described as follows:
            ``(1) An election official while engaged in official duties 
        as authorized by law.
            ``(2) An employee of the United States Postal Service or 
        other commercial common carrier engaged in similar activities 
        while engaged in duties authorized by law.
            ``(3) Any other individual who is allowed by law to collect 
        and transmit United States mail, while engaged in official 
        duties as authorized by law.
            ``(4) A family member, household member, or caregiver of 
        the person to whom the ballot was mailed.
    ``(c) Definitions.--For purposes of this section, with respect to a 
person to whom the ballot was mailed:
            ``(1) The term `caregiver' means an individual who provides 
        medical or health care assistance to such person in a 
        residence, nursing care institution, hospice facility, assisted 
        living center, assisted living facility, assisted living home, 
        residential care institution, adult day health care facility, 
        or adult foster care home.
            ``(2) The term `family member' means an individual who is 
        related to such person by blood, marriage, adoption or legal 
        guardianship.
            ``(3) The term `household member' means an individual who 
        resides at the same residence as such person.

``SEC. 325. TIMELY PROCESSING AND REPORTING OF RESULTS.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Timely Reporting of 
Election Results Act'.
    ``(b) Time for Processing Ballots and Reporting Results.--The 
District of Columbia shall begin processing ballots received by mail in 
a District of Columbia election as soon as such ballots are received 
and shall ensure that the results of such District of Columbia election 
are reported to the public not later than 10:00 am on the date 
following the date of the election, but in no case shall such ballots 
be tabulated or such results be reported earlier than the closing of 
polls on the date of the election.
    ``(c) Requirement To Publish Number of Voted Ballots on Election 
Day.--The District of Columbia shall, as soon as practicable after the 
closing of polls on the date of a District of Columbia election, make 
available on a publicly accessible website the total number of voted 
ballots in the possession of election officials in the District of 
Columbia as of the time of the closing of polls on the date of such 
election, which shall include, as of such time--
            ``(1) the number of voted ballots delivered by mail;
            ``(2) the number of ballots requested for such election by 
        individuals who are entitled to vote by absentee ballot under 
        the Uniformed and Overseas Citizens Absentee Voting Act (52 
        U.S.C. 20301 et seq.); and
            ``(3) the number of voted ballots for such election 
        received from individuals who are entitled to vote by absentee 
        ballot under the Uniformed and Overseas Citizens Absentee 
        Voting Act (52 U.S.C. 20301 et seq.), including from 
        individuals who, under such Act, voted by absentee ballot 
        without requesting such a ballot.
    ``(d) Requirements To Ensure Bipartisan Election Administration 
Activity.--With respect to a District of Columbia election, District of 
Columbia election officials shall ensure that all activities are 
carried out in a bipartisan manner, which shall include a requirement 
that, in the case of an election worker who enters a room which 
contains ballots, voting equipment, or non-voting equipment as any part 
of the election worker's duties to carry out such election, the 
election worker is accompanied by an individual registered to vote with 
respect to a different political party than such election worker, as 
determined pursuant to the voting registration records of the District 
of Columbia.

``SEC. 326. BAN ON NONCITIZEN VOTING.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Citizen Voter Act'.
    ``(b) Ban on Non-Citizen Voting.--No individual may vote in a 
District of Columbia election unless the individual is a citizen of the 
United States.

``SEC. 327. REQUIREMENTS WITH RESPECT TO PROVISIONAL BALLOTS.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Provisional Ballot Reform 
Act'.
    ``(b) In General.--Except as provided in subsection (c), the 
District of Columbia shall permit an individual to cast a provisional 
ballot pursuant to section 302 if--
            ``(1) the individual declares that such individual is a 
        registered voter in the District of Columbia and is eligible to 
        vote in a District of Columbia election but the name of the 
        individual does not appear on the official list of eligible 
        voters for the polling place or an election official asserts 
        that the individual is not eligible to vote; or
            ``(2) the individual declares that such individual is a 
        registered voter in the District of Columbia and is eligible to 
        vote in a District of Columbia election but does not provide an 
        identification required under section 322, except that the 
        individual's provisional ballot shall not be counted in the 
        election unless the individual provides such identification to 
        the chief State election official of the District of Columbia 
        not later than 5:00 pm on the second day which begins after the 
        date of the election.
    ``(c) Requirements With Respect to Counting Provisional Ballots in 
Certain Cases.--If the name of an individual who is a registered voter 
in the District of Columbia and eligible to vote in a District of 
Columbia election appears on the official list of eligible voters for a 
polling place in the District of Columbia, such individual may cast a 
provisional ballot pursuant to section 302 for such election at a 
polling place other than the polling place with respect to which the 
name of the individual appears on the official list of eligible voters, 
except that the individual's provisional ballot shall not be counted in 
the election unless the individual demonstrates pursuant to the 
requirements under section 302 that the individual is a registered 
voter in the jurisdiction of the polling place at which the individual 
cast such ballot.

``SEC. 328. MANDATORY POST-ELECTION AUDITS.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Mandatory Post-Election 
Audits Act'.
    ``(b) Requirement for Post-Election Audits.--Not later than 30 days 
after each District of Columbia election, the District of Columbia 
shall conduct and publish an audit of the effectiveness and accuracy of 
the voting systems used to carry out the election and the performance 
of the election officials who carried out the election, but in no case 
shall such audit be completed later than 2 business days before the 
deadline to file an election contest under the laws of the District of 
Columbia.

``SEC. 329. PUBLIC OBSERVATION OF ELECTION PROCEDURES.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Public Observation of 
Election Procedures Act'.
    ``(b) Designated Representatives of Candidates, Political Parties, 
and Committees Affiliated With Ballot Initiatives.--
            ``(1) Authority to observe procedures.--An individual who 
        is not a District of Columbia election official may observe 
        election procedures carried out in a District of Columbia 
        election, as described in paragraph (2), if the individual is 
        designated to observe such procedures by a candidate in the 
        election, a political party, or a committee affiliated with a 
        ballot initiative or referendum in the election.
            ``(2) Authority and procedures described.--The authority of 
        an individual to observe election procedures pursuant to this 
        subsection is as follows:
                    ``(A) The individual may serve as a poll watcher to 
                observe the casting and tabulation of ballots at a 
                polling place on the date of the election or on any day 
                prior to the date of the election on which ballots are 
                cast at early voting sites, and may challenge the 
                casting or tabulation of any such ballot.
                    ``(B) The individual may serve as a poll watcher to 
                observe the canvassing and processing of absentee or 
                other mail-in ballots, including the procedures for 
                verification of signed certificates of transmission 
                under section 330(c)(2).
                    ``(C) The individual may observe the recount of the 
                results of the election at any location at which the 
                recount is held, and may challenge the tabulation of 
                any ballot tabulated pursuant to the recount.
            ``(3) Provision of credentials.--The chief State election 
        official of the District of Columbia shall provide each 
        individual who is authorized to observe election procedures 
        under paragraph (1) with appropriate credentials to enable the 
        individual to observe such procedures.
            ``(4) Exception for candidates and law enforcement 
        officers.--An individual may not serve as a poll watcher under 
        subparagraph (A) or (B) of paragraph (2), and the chief State 
        election official of the District of Columbia may not provide 
        the individual with credentials to enable the individual to 
        serve as a poll watcher under such subparagraph, if the 
        individual is a candidate in the election or a law enforcement 
        officer.
    ``(c) Other Individuals.--
            ``(1) Petition for observer credentials.--In addition to 
        the individuals described in subsection (b), any individual, 
        including an individual representing or affiliated with a 
        domestic or international organization, may petition the chief 
        State election official of the District of Columbia to provide 
        the individual with credentials to observe election procedures 
        carried out in a District of Columbia election, as described in 
        subsection (b).
            ``(2) Authority described.--If the chief State election 
        official provides an individual with credentials under 
        paragraph (1), the individual shall have the same authority to 
        observe election procedures carried out in the election as an 
        individual described in subsection (b), except that the 
        individual may not challenge the casting, tabulation, 
        canvassing, or processing of any ballot in the election.
            ``(3) Exception for candidates and law enforcement 
        officers.--The chief State election official of the District of 
        Columbia may not provide an individual who is a candidate in 
        the election or a law enforcement officer with credentials to 
        serve as a poll watcher, as described in subparagraph (A) or 
        (B) of subsection (b)(2).
    ``(d) Authority of Members of Public To Observe Testing of 
Equipment.--In addition to the authority of individuals to observe 
procedures under subsections (b) and (c), any member of the public may 
observe the testing of election equipment by election officials prior 
to the date of the election.
    ``(e) Prohibiting Limits on Ability To View Procedures.--An 
election official may not obstruct the ability of an individual who is 
authorized to observe an election procedure under this section to view 
the procedure as it is being carried out.
    ``(f) Prohibition Against Certain Restrictions.--An election 
official may not require that an individual who observes election 
procedures under this section stays more than 3 feet away from the 
procedure as it is being carried out.

``SEC. 330. REQUIREMENTS FOR VOTING BY MAIL-IN BALLOT.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Mail Balloting Reform 
Act'.
    ``(b) Prohibiting Transmission of Unsolicited Ballots.--The 
District of Columbia may not transmit an absentee or other mail-in 
ballot for a District of Columbia election to any individual who does 
not request the District of Columbia to transmit the ballot.
    ``(c) Signature Verification.--
            ``(1) Inclusion of certificate with ballot.--The District 
        of Columbia shall include with each absentee or other mail-in 
        ballot transmitted for a District of Columbia election a 
        certificate of transmission which may be signed by the 
        individual for whom the ballot is transmitted.
            ``(2) Requiring verification for ballot to be counted.--
        Except as provided in subsection (d), the District of Columbia 
        may not accept an absentee or other mail-in ballot for a 
        District of Columbia election unless--
                    ``(A) the individual for whom the ballot was 
                transmitted--
                            ``(i) signs and dates the certificate of 
                        transmission included with the ballot under 
                        paragraph (1); and
                            ``(ii) includes the signed certification 
                        with the ballot and the date on such 
                        certification is accurate and in no case later 
                        than the date of the election; and
                    ``(B) the individual's signature on the ballot 
                matches the signature of the individual on the official 
                list of registered voters in the District of Columbia 
                or other official record or document used by the 
                District of Columbia to verify the signatures of 
                voters.
    ``(d) Notice and Opportunity To Cure.--
            ``(1) Notice and opportunity to cure discrepancy in 
        signatures.--If an individual submits an absentee or other 
        mail-in ballot for a District of Columbia election and the 
        appropriate District of Columbia election official determines 
        that a discrepancy exists between the signature on such ballot 
        and the signature of such individual on the official list of 
        registered voters in the District of Columbia or other official 
        record or document used by the District of Columbia to verify 
        the signatures of voters, such election official, prior to 
        making a final determination as to the validity of such ballot, 
        shall--
                    ``(A) make a good faith effort to immediately 
                notify the individual by mail, telephone, or (if 
                available) text message and electronic mail that--
                            ``(i) a discrepancy exists between the 
                        signature on such ballot and the signature of 
                        the individual on the official list of 
                        registered voters in the District of Columbia 
                        or other official record or document used by 
                        the District of Columbia to verify the 
                        signatures of voters; and
                            ``(ii) if such discrepancy is not cured 
                        prior to the expiration of the 48-hour period 
                        which begins on the date the official notifies 
                        the individual of the discrepancy, such ballot 
                        will not be counted; and
                    ``(B) cure such discrepancy and count the ballot 
                if, prior to the expiration of the 48-hour period 
                described in subparagraph (A)(ii), the individual 
                provides the official with information to cure such 
                discrepancy, either in person, by telephone, or by 
                electronic methods.
            ``(2) Notice and opportunity to cure missing signature or 
        other defect.--If an individual submits an absentee or other 
        mail-in ballot for a District of Columbia election without a 
        signature on the ballot or the certificate of transmission 
        included with the ballot under subsection (c)(1) or submits an 
        absentee ballot with another defect which, if left uncured, 
        would cause the ballot to not be counted, the appropriate 
        District of Columbia election official, prior to making a final 
        determination as to the validity of the ballot, shall--
                    ``(A) make a good faith effort to immediately 
                notify the individual by mail, telephone, or (if 
                available) text message and electronic mail that--
                            ``(i) the ballot or certificate of 
                        transmission did not include a signature or has 
                        some other defect; and
                            ``(ii) if the individual does not provide 
                        the missing signature or cure the other defect 
                        prior to the expiration of the 48-hour period 
                        which begins on the date the official notifies 
                        the individual that the ballot or certificate 
                        of transmission did not include a signature or 
                        has some other defect, such ballot will not be 
                        counted; and
                    ``(B) count the ballot if, prior to the expiration 
                of the 48-hour period described in subparagraph 
                (A)(ii), the individual provides the official with the 
                missing signature on a form proscribed by the District 
                of Columbia or cures the other defect.
        This paragraph does not apply with respect to a defect 
        consisting of the failure of a ballot to meet the applicable 
        deadline for the acceptance of the ballot, as described in 
        subsection (e).
    ``(e) Deadline for Acceptance.--
            ``(1) Deadline.--Except as provided in paragraph (2), the 
        District of Columbia may not accept an absentee or other mail-
        in ballot for a District of Columbia election which is received 
        by the appropriate election official following the close of 
        polls on Election Day.
            ``(2) Exception for absent military and overseas voters.--
        Paragraph (1) does not apply to a ballot cast by an individual 
        who is entitled to vote by absentee ballot under the Uniformed 
        and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et 
        seq.).
            ``(3) Rule of construction.--Nothing in this subsection may 
        be construed as prohibiting the District of Columbia from 
        accepting an absentee or other mail-in ballot for a District of 
        Columbia election that is delivered in person by the voter to 
        an election official at an appropriate polling place or the 
        District of Columbia Board of Elections if such ballot is 
        received by the election official by the deadline described in 
        paragraph (1).

``SEC. 331. REQUIREMENTS WITH RESPECT TO USE OF DROP BOXES.

    ``(a) Short Title.--This section may be cited as the `American 
Confidence in Elections: District of Columbia Ballot Security Act'.
    ``(b) Requirements.--With respect to a District of Columbia 
election, the District of Columbia may not use a drop box to accept a 
voted absentee or other mail-in ballot for any such election unless--
            ``(1) any such drop box is located inside a District of 
        Columbia Government building or facility;
            ``(2) the District of Columbia provides for the security of 
        any such drop box through 24-hour remote or electronic 
        surveillance; and
            ``(3) the District of Columbia Board of Elections collects 
        any ballot deposited in any such drop box each day after 5:00 
        p.m. (local time) during the period of the election.

``SEC. 332. SPECIAL RULE WITH RESPECT TO APPLICATION OF REQUIREMENTS TO 
              FEDERAL ELECTIONS.

    ``With respect to an election for Federal office in the District of 
Columbia, to the extent that there is any inconsistency with the 
requirements of this subtitle and the requirements of subtitle A, the 
requirements of this subtitle shall apply.

``SEC. 333. DISTRICT OF COLUMBIA ELECTION DEFINED.

    ``In this subtitle, the term `District of Columbia election' means 
any election for public office in the District of Columbia, including 
an election for Federal office, and any ballot initiative or 
referendum.''.
    (b) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111) is amended by striking the period at the end 
and inserting the following: ``, and the requirements of subtitle C 
with respect to the District of Columbia.''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end of the items relating to title III the 
following:

    ``Subtitle C--Requirements for Elections in District of Columbia

        ``Sec. 321. Statement of Congressional authority; findings.
        ``Sec. 322. Requirements for photo identification.
        ``Sec. 323. Requirements for voter registration.
        ``Sec. 324. Ban on collection and transmission of ballots by 
                            certain third parties.
        ``Sec. 325. Timely processing and reporting of results.
        ``Sec. 326. Ban on noncitizen voting.
        ``Sec. 327. Requirements with respect to provisional ballots.
        ``Sec. 328. Mandatory post-election audits.
        ``Sec. 329. Public observation of election procedures.
        ``Sec. 330. Requirements for voting by mail-in ballot.
        ``Sec. 331. Requirements with respect to use of drop boxes.
        ``Sec. 332. Special rule with respect to application of 
                            requirements to Federal elections.
        ``Sec. 333. District of Columbia election defined.

SEC. 143. EFFECTIVE DATE.

    The amendments made by this subtitle shall apply with respect to 
District of Columbia elections held on or after January 1, 2024. For 
purposes of this section, the term ``District of Columbia election'' 
has the meaning given such term in section 333 of the Help America Vote 
Act of 2002, as added by section 142(a).

    Subtitle E--Administration of the Election Assistance Commission

SEC. 151. SHORT TITLE.

    This subtitle may be cited as the ``Positioning the Election 
Assistance Commission for the Future Act of 2022''.

SEC. 152. FINDINGS RELATING TO THE ADMINISTRATION OF THE ELECTION 
              ASSISTANCE COMMISSION.

    Congress finds the following:
            (1) The Election Assistance Commission best serves the 
        American people when operating within its core statutory 
        functions, including serving as a clearinghouse for information 
        on election administration, providing grants, and testing and 
        certifying election equipment.
            (2) The American people are best served when Federal agency 
        election assistance is offered by a single agency with 
        expertise in this space. The Election Assistance Commission, 
        composed of four election experts from different political 
        parties, is best situated among the Federal Government agencies 
        to offer assistance services to citizens and to guide other 
        Federal agencies that have responsibilities in the elections 
        space. The Commission is also best suited to determine the 
        timing of the issuance of any advisories and to disburse all 
        appropriated election grant funding.
            (3) To this end, Congress finds that the Election 
        Assistance Commission should be viewed as the lead Federal 
        Government agency on all election administration matters, and 
        other Federal agencies operating in this space should look to 
        the Commission for guidance, direction, and support on election 
        administration-related issues.

SEC. 153. REQUIREMENTS WITH RESPECT TO STAFF AND FUNDING OF THE 
              ELECTION ASSISTANCE COMMISSION.

    (a) Staff.--Section 204(a)(5) of the Help America Vote Act of 2002 
(52 U.S.C. 20924(a)(5)) is amended by striking ``of such additional 
personnel'' and inserting ``of not more than 55 full-time equivalent 
employees to carry out the duties and responsibilities under this Act 
and the additional duties and responsibilities required under the 
American Confidence in Elections Act''.
    (b) Funding.--Section 210 of the Help America Vote Act of 2002 (52 
U.S.C. 20930) is amended--
            (1) by striking ``for each of the fiscal years 2003 through 
        2005'' and inserting ``for each of the fiscal years 2023 
        through 2025''; and
            (2) by striking ``(but not to exceed $10,000,000 for each 
        such year)'' and inserting ``(but not to exceed $25,000,000 for 
        each such year)''.
    (c) Prohibition on Certain Use of Funds.--
            (1) Prohibition.--None of the funds authorized to be 
        appropriated or otherwise made available under subsection (b) 
        may be obligated or expended for the operation of an advisory 
        committee established by the Election Assistance Commission 
        pursuant to and in accordance with the provisions of the 
        Federal Advisory Committee Act (5 U.S.C. App. 2), except with 
        respect to the operation of the Local Leadership Council.
            (2) No effect on entities established by help america vote 
        act of 2002.--Paragraph (1) does not apply with respect to the 
        operation of any entity established by the Help America Vote 
        Act of 2002, including the Election Assistance Commission 
        Standards Board, the Election Assistance Commission Board of 
        Advisors, and the Technical Guidelines Development Committee.
    (d) Requirements With Respect to Compensation of Members of the 
Commission.--Section 203(d) of the Help America Vote Act of 2002 (52 
U.S.C. 20923(d)) is amended--
            (1) in paragraph (1), by striking ``at the annual rate of 
        basic pay prescribed for level IV of the Executive Schedule 
        under section 5315 of title 5, United States Code'' and 
        inserting ``at an annual rate of basic pay equal to the amount 
        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 the Executive Schedule'';
            (2) in paragraph (2), by striking ``No member appointed'' 
        and inserting ``Except as provided in paragraph (3), no member 
        appointed''; and
            (3) by adding at the end the following new paragraph:
            ``(3) Supplemental employment and compensation.--An 
        individual serving a term of service on the Commission shall be 
        permitted to hold a position at an institution of higher 
        education (as such term is defined in section 101 of the Higher 
        Education Act of 1965 (20 U.S.C. 1001)) if--
                    ``(A) the Inspector General of the Election 
                Assistance Commission determines that such position 
                does not create a conflict of interest with the 
                individual's position as a sitting member of the 
                Commission and grants the individual approval to hold 
                the position; and
                    ``(B) 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 of 
                basic pay paid to the individual under paragraph 
                (1).''.
    (e) Office of Inspector General.--Section 204 of the Help America 
Vote Act of 2002 (52 U.S.C. 20924) is amended by adding at the end the 
following new subsection:
    ``(f) Office of Inspector General.--The Inspector General of the 
Election Assistance Commission may appoint not more than 7 full-time 
equivalent employees to assist the Inspector General to carry out the 
duties and responsibilities under section 4 of the Inspector General 
Act of 1978 (5 U.S.C. App. 4), of whom 2 shall have primarily 
administrative duties and responsibilities.''.
    (f) Effective Date.--This section and the amendments made by this 
section shall take effect on October 1, 2022.

SEC. 154. EXCLUSIVE AUTHORITY OF ELECTION ASSISTANCE COMMISSION TO MAKE 
              ELECTION ADMINISTRATION PAYMENTS TO STATES.

    (a) In General.--No entity of the Federal Government other than the 
Election Assistance Commission may make any payment to a State for 
purposes of administering elections for Federal office, including 
obtaining election and voting equipment and infrastructure, enhancing 
election and voting technology, and making election and voting security 
improvements, including with respect to cybersecurity and 
infrastructure.
    (b) Effective Date.--Subsection (a) shall apply with respect to 
payments made on or after the date of the enactment of this Act.

SEC. 155. EXECUTIVE BOARD OF THE STANDARDS BOARD AUTHORITY TO ENTER 
              INTO CONTRACTS.

    Section 213(c) of the Help America Vote Act of 2002 (52 U.S.C. 
20943(c)) is amended by adding at the end the following new paragraph:
            ``(5) Authority to enter into contracts.--The Executive 
        Board of the Standards Board may, using amounts already made 
        available to the Commission, enter into contracts to employ and 
        retain no more than 2 individuals to enable the Standards Board 
        to discharge its duties with respect to the examination and 
        release of voluntary considerations with respect to the 
        administration of elections for Federal offices by the States 
        under section 247, except that--
                    ``(A) no more than 1 individual from the same 
                political party may be employed under such contracts at 
                the same time;
                    ``(B) the authority to enter into such contracts 
                shall end on the earlier of the date of the release of 
                the considerations or December 31, 2023; and
                    ``(C) no additional funds may be appropriated to 
                the Commission for the purposes of carrying out this 
                paragraph.''.

SEC. 156. ELECTION ASSISTANCE COMMISSION PRIMARY ROLE IN ELECTION 
              ADMINISTRATION.

    Except as provided in any other provision of law, the Election 
Assistance Commission shall, with respect to any other entity of the 
Federal Government, have primary jurisdiction to address issues with 
respect to the administration of elections for Federal office.

    Subtitle F--Prohibition on Involvement in Elections by Foreign 
                               Nationals

SEC. 161. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN 
              NATIONALS IN CONNECTION WITH BALLOT INITIATIVES AND 
              REFERENDA.

    (a) Short Title.--This section may be cited as the ``Keeping 
Foreign Money out of Ballot Measures Act of 2022''.
    (b) In General.--Chapter 29 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 612. Foreign nationals making certain political contributions
    ``(a) Prohibition.--It shall be unlawful for a foreign national, 
directly or indirectly, to make a contribution as such term is defined 
in section 301(8)(A) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30101(8)(A)) or donation of money or other thing of value, or to 
make an express or implied promise to make a contribution or donation, 
in connection with a State or local ballot initiative or referendum.
    ``(b) Penalty.--Any person who violates subsection (a) shall be 
fined not more than the greater of $10,000 or 300 percent of the amount 
of the contribution or value of the donation of money or other thing of 
value made by the person, imprisoned for not more than 1 year, or both.
    ``(c) Foreign National Defined.--In this section, the term `foreign 
national' has the meaning given such term in section 319(b) of the 
Federal Election Campaign Act of 1971 (52 U.S.C. 30121(b)).''.
    (c) Clerical Amendment.--The table of sections for chapter 29 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``612. Foreign nationals making certain political contributions.''.
    (d) Effective Date.--The amendment made by this section shall apply 
with respect to contributions and donations made on or after the date 
of the enactment of this Act.

 Subtitle G--Constitutional Experts Panel With Respect to Presidential 
                               Elections

SEC. 171. SHORT TITLE.

    This subtitle may be cited as the ``Solving an Overlooked Loophole 
in Votes for Executives (SOLVE) Act''.

SEC. 172. ESTABLISHMENT OF PANEL OF CONSTITUTIONAL EXPERTS.

    (a) Establishment.--There is established the ``Twentieth Amendment 
Section Four Panel'' (in this section referred to as the ``Panel'').
    (b) Membership.--
            (1) In general.--The Panel shall be composed of 6 
        constitutional experts, of whom--
                    (A) 1 shall be appointed by the majority leader of 
                the Senate;
                    (B) 1 shall be appointed by the minority leader of 
                the Senate;
                    (C) 1 shall be appointed jointly by the majority 
                and minority leader of the Senate;
                    (D) 1 shall be appointed by the Speaker of the 
                House of Representatives;
                    (E) 1 shall be appointed by minority leader of the 
                House of Representatives; and
                    (F) 1 shall be appointed jointly by the Speaker of 
                the House of Representatives and the minority leader of 
                the House of Representatives.
            (2) Date.--The appointments of the members of the Panel 
        shall be made not later than 180 days after the date of 
        enactment of this Act.
            (3) Vacancy.--Any vacancy occurring in the membership of 
        the Panel shall be filled in the same manner in which the 
        original appointment was made.
            (4) Chairperson and vice chairperson.--The Panel shall 
        select a Chairperson and Vice Chairperson from among the 
        members of the Panel.
    (c) Purpose.--The purpose of the Panel shall be to recommend to 
Congress model legislation, which shall provide for an appropriate 
process, pursuant to section 4 of the Twentieth Amendment to the United 
States Constitution, to resolve any vacancy created by the death of a 
candidate in a contingent presidential or vice-presidential election.
    (d) Reports.--
            (1) Initial report.--Not later than 1 year after the date 
        on which all of the appointments have been made under 
        subsection (b)(2), the Panel shall submit to Congress an 
        interim report containing the Panel's findings, conclusions, 
        and recommendations.
            (2) Final report.--Not later than 6 months after the 
        submission of the interim report under paragraph (1), the Panel 
        shall submit to Congress a final report containing the Panel's 
        findings, conclusions, and recommendations.
    (e) Meetings; Information.--
            (1) In general.--Meetings of the Panel shall be held at the 
        Law Library of Congress.
            (2) Information.--The Panel may secure from the Law Library 
        of Congress such information as the Panel considers necessary 
        to carry out the provisions of this section.
    (f) Funds.--
            (1) Compensation of members.--Members of the Panel shall 
        receive no compensation.
            (2) Other funding.--No amounts shall be appropriated for 
        the purposes of this section, except for any amounts strictly 
        necessary for the Law Library of Congress to execute its 
        responsibilities under subsection (e).
    (g) Termination.--
            (1) In general.--The panel established under subsection (a) 
        shall terminate 90 days after the date on which the panel 
        submits the final report required under subsection (d)(2).
            (2) Records.--Upon termination of the panel, all of its 
        records shall become the records of the Secretary of the Senate 
        and the Clerk of the House of Representatives.

                TITLE II--MILITARY VOTING ADMINISTRATION

            Subtitle A--Findings Relating to Military Voting

SEC. 201. FINDINGS RELATING TO MILITARY VOTING.

    Congress finds the following:
            (1) Participation in the voting process by Americans who 
        serve in the Armed Forces is vital to the future of the 
        Republic; however, due to the realities of service around the 
        globe and despite many best efforts, the Nation has not always 
        lived up to its commitment to servicemembers that their vote be 
        counted.
            (2) The Military and Overseas Empowerment (MOVE) Act made 
        great progress in solving problems with voting that many 
        servicemembers faced. Yet, for many, it is still difficult to 
        exercise the franchise, with many ballots not reaching State 
        elections officials until after the deadline, negating their 
        voice. After 13 years, Congress must address the remaining 
        issues.
            (3) Congress finds that it is a moral imperative of 
        national importance that every eligible American servicemember 
        has the opportunity to cast a ballot in each election and, not 
        only that such ballot be received in time to be counted, but 
        that it actually be counted according to law.

           Subtitle B--GAO Analysis on Military Voting Access

SEC. 211. GAO ANALYSIS AND REPORT ON EFFECTIVENESS OF FEDERAL 
              GOVERNMENT IN MEETING OBLIGATIONS TO PROMOTE VOTING 
              ACCESS FOR ABSENT UNIFORMED SERVICES VOTERS.

    (a) Analysis.--The Comptroller General of the United States shall 
conduct an analysis with respect to the effectiveness of the Federal 
Government in carrying out its responsibilities under the Uniformed and 
Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.) to 
promote access to voting for absent uniformed services voters (as such 
term is defined in section 107 of such Act (52 U.S.C. 20310)).
    (b) Report.--Not later than December 31, 2023, the Comptroller 
General shall submit to the chair and ranking minority member of the 
Committee on House Administration of the House of Representatives and 
the chair and ranking minority member of the Committee on Rules and 
Administration of the Senate a report that contains the results of the 
analysis required by subsection (a).

 TITLE III--PROTECTION OF POLITICAL SPEECH AND CAMPAIGN FINANCE REFORM

                Subtitle A--Protecting Political Speech

SEC. 301. FINDINGS.

    Congress finds the following:
            (1) The structure of the Constitution and its amendments 
        represents the radical idea that any sovereign power exercised 
        by the Federal Government flows either directly from the people 
        or through the States they established to govern themselves. In 
        the words of the Ninth and Tenth Amendments, ``[t]he 
        enumeration in the Constitution, of certain rights, shall not 
        be construed to deny or disparage others retained by the 
        people.'' ``The powers not delegated to the United States by 
        the Constitution, nor prohibited by it to the States, are 
        reserved to the States respectively, or to the people.''
            (2) Among the many freedoms it protects, the First 
        Amendment prevents Congress from making any law abridging the 
        freedom of speech, the right of the people peaceably to 
        assemble, or the right of the people to petition the Government 
        for the redress of grievances.
            (3) Any proposed Federal action concerning freedom of 
        speech, protest, or petition must start with an analysis of the 
        First Amendment. Congress must ask whether the proposed action 
        would abridge these freedoms, and any uncertainty must be 
        determined in favor of fewer restrictions on speech.
            (4) In particular, political speech, uttered in the 
        furtherance of self-government, must raise an even higher bar 
        to congressional abridgement. The mechanisms and media used to 
        offer political speech must realize the same protections.
            (5) As the Supreme Court has recognized, the Constitution 
        grants Congress only a very narrow interest in the regulation 
        of political speech, the prevention of corruption or the 
        appearance of corruption.
            (6) In order to uphold and effectuate the Constitution, any 
        Federal statute that goes beyond this interest must be 
        repealed, and Congress must exercise its Article 1 authorities 
        to do so.

SEC. 302. REPEAL OF LIMITS ON COORDINATED POLITICAL PARTY EXPENDITURES.

    (a) Repeal of Limits.--Section 315(d) of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30116(d)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``may make expenditures'' and 
                inserting ``may make expenditures, including 
                coordinated expenditures,''; and
                    (B) by striking ``Federal office, subject to the 
                limitations contained in paragraphs (2), (3), and (4) 
                of this subsection'' and inserting ``Federal office in 
                any amount''; and
            (2) by striking paragraphs (2), (3), (4), and (5).
    (b) Clarifying Treatment of Certain Party Communications as 
Coordinated Expenditures.--Section 315(d) of such Act (52 U.S.C. 
30116(d)), as amended by subsection (a), is amended by adding at the 
end the following new paragraph:
    ``(2) For purposes of this subsection, if a public communication 
paid for by a committee of a political party or its agent refers to a 
clearly identified House or Senate candidate and is publicly 
distributed or otherwise publicly disseminated in the clearly 
identified candidate's jurisdiction, the communication shall be treated 
as a coordinated expenditure in connection with the campaign of a 
candidate for purposes of this subsection.''.
    (c) Conforming Amendment Relating to Indexing.--Section 315(c) of 
such Act (52 U.S.C. 30116(c)) is amended--
            (1) in paragraph (1)(B)(i), by striking ``(d),''; and
            (2) in paragraph (2)(B)(i), by striking ``subsections (b) 
        and (d)'' and inserting ``subsection (b)''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to elections held during 2024 or any succeeding 
year.

SEC. 303. REPEAL OF LIMIT ON AGGREGATE CONTRIBUTIONS BY INDIVIDUALS.

    (a) Findings.--Congress finds that the Supreme Court of the United 
States in McCutcheon v. FEC, 572 U.S. 185 (2014) determined the 
biennial aggregate limits under section 315(a)(3) of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30116(a)(3)) to be 
unconstitutional.
    (b) Repeal.--Section 315(a) of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30116(a)) is amended by striking paragraph (3).
    (c) Conforming Amendments.--Section 315(c) of such Act (52 U.S.C. 
30116(c)) is amended by striking ``(a)(3),'' each place it appears in 
paragraph (1)(B)(i), (1)(C), and (2)(B)(ii).

SEC. 304. EQUALIZATION OF CONTRIBUTION LIMITS TO STATE AND NATIONAL 
              POLITICAL PARTY COMMITTEES.

    (a) In General.--Section 315(a)(1) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30116(a)(1)) is amended--
            (1) in subparagraph (B), by striking ``a national political 
        party'' and inserting ``a national or State political party'';
            (2) by adding ``or'' at the end of subparagraph (B);
            (3) in subparagraph (C), by striking ``; or'' and inserting 
        a period; and
            (4) by striking subparagraph (D).
    (b) Contributions by Multicandidate Political Committees.--
            (1) In general.--Section 315(a)(2)(B) of such Act (52 
        U.S.C. 30116(a)(2)(B)) is amended by striking ``a national 
        political party'' and inserting ``a national or State political 
        party''.
            (2) Price index adjustment.--Section 315(c) of such Act (52 
        U.S.C. 30116(c)) is amended--
                    (A) in paragraph (1), by adding at the end the 
                following new subparagraph:
    ``(D) In any calendar year after 2022--
            ``(i) a threshold established by subsection (a)(2) shall be 
        increased by the percent difference determined under 
        subparagraph (A);
            ``(ii) each amount so increased shall remain in effect for 
        the calendar year; and
            ``(iii) if any amount after adjustment under clause (i) is 
        not a multiple of $100, such amount shall be rounded to the 
        nearest multiple of $100.''; and
                    (B) in paragraph (2)(B)--
                            (i) in clause (i), by striking ``and'' at 
                        the end;
                            (ii) in clause (ii), by striking the period 
                        at the end and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new clause:
                    ``(iii) for purposes of subsection (a)(2), calendar 
                year 2022.''.
    (c) Acceptance of Additional Amounts for Certain Accounts.--
            (1) Permitting acceptance of additional amounts in same 
        manner as national parties.--Section 315(a) of such Act (52 
        U.S.C. 30116(a)) is amended--
                    (A) in paragraph (1)(B), by striking ``paragraph 
                (9)'' and inserting ``paragraph (9) or paragraph 
                (10)''; and
                    (B) in paragraph (2)(B), by striking ``paragraph 
                (9)'' and inserting ``paragraph (9) or paragraph 
                (10)''.
            (2) Accounts.--Section 315(a)(9) of such Act (52 U.S.C. 
        30116(a)(9)) is amended by striking ``national committee of a 
        political party'' each place it appears in subparagraphs (A), 
        (B), and (C) and inserting ``committee of a national or State 
        political party''.
            (3) State party convention accounts described.--Section 
        315(a) of such Act (52 U.S.C. 30116(a)) is amended by adding at 
        the end the following new paragraph:
    ``(10) An account described in this paragraph is a separate, 
segregated account of a political committee established and maintained 
by a State committee of a political party which is used solely to 
defray--
            ``(A) expenses incurred with respect to carrying out State 
        party nominating activities or other party-building 
        conventions; or
            ``(B) expenses incurred with respect to providing for the 
        attendance of delegates at a presidential nominating 
        convention, but only to the extent that such expenses are not 
        paid for from the account described in paragraph (9)(A).''.
    (d) Clarification of Indexing of Amounts To Ensure Equalization of 
Party Contribution Limits.--For purposes of applying section 315(c) of 
such Act (52 U.S.C. 30116(c)) to limits on the amount of contributions 
to political committees established and maintained by a State political 
party, the amendments made by this section shall be considered to have 
been included in section 307 of the Bipartisan Campaign Reform Act of 
2002 (Public Law 107-55; 116 Stat. 102).
    (e) Effective Date.--The amendments made by this section shall 
apply with respect to elections held during 2024 or any succeeding 
year.

SEC. 305. EXPANSION OF PERMISSIBLE FEDERAL ELECTION ACTIVITY BY STATE 
              AND LOCAL POLITICAL PARTIES.

    (a) Expansion of Permissible Use of Funds Not Subject to 
Contribution Limits or Source Prohibitions by State and Local Political 
Parties for Federal Election Activity.--Section 323(b)(2) of the 
Federal Election Campaign Act of 1971 (52 U.S.C. 30125(b)(2)) is 
amended to read as follows:
            ``(2) Applicability.--Notwithstanding section 301(20), for 
        purposes of paragraph (1), an amount that is expended or 
        disbursed by a State, district, or local committee of a 
        political party shall be considered to be expended or disbursed 
        for Federal election activity only if the committee coordinated 
        the expenditure or disbursement of the amount with a candidate 
        for election for Federal office or an authorized committee of a 
        candidate for election for Federal office.''.
    (b) Conforming Amendments.--
            (1) Fundraising costs.--Section 323(c) of such Act (52 
        U.S.C. 30125(c)) is amended by adding at the end the following 
        new sentence: ``In the case of a person described in subsection 
        (b), the previous sentence applies only if the amount was spent 
        by such person in coordination with a candidate for election 
        for Federal office or an authorized committee of a candidate 
        for election for Federal office, as determined pursuant to 
        regulations promulgated by the Commission for the purpose of 
        determining whether a political party communication is 
        coordinated with a candidate, a candidate's authorized 
        committee, or an agent thereof.''.
            (2) Appearance of federal candidates or officeholders at 
        fundraising events.--Section 323(e)(3) of such Act (52 U.S.C. 
        30125(e)(3)) is amended by striking ``subsection (b)(2)(C)'' 
        and inserting ``subsection (b)''.

SEC. 306. PARTICIPATION IN JOINT FUNDRAISING ACTIVITIES BY MULTIPLE 
              POLITICAL COMMITTEES.

    (a) Findings.--Congress finds the following:
            (1) While Federal law permits the Federal Election 
        Commission to engage in certain ``gap-filling'' activities as 
        it administers the Federal Election Campaign Act of 1971, the 
        regulations promulgated by the Federal Election Commission to 
        govern joint fundraising activities of multiple political 
        committees are not tied specifically to any particular 
        provision of the Act, and while these regulations generally 
        duplicate the provisions of the Act, they also impose 
        additional and unnecessary burdens on political committees 
        which seek to engage in joint fundraising activities, such as a 
        requirement for written agreements between the participating 
        committees.
            (2) It is therefore not necessary at this time to direct 
        the Federal Election Commission to repeal the existing 
        regulations which govern joint fundraising activities of 
        multiple political committees, as some political committees may 
        have reasons for following the provisions of such regulations 
        which impose additional and unnecessary burdens on these 
        activities.
    (b) Criteria for Participation in Joint Fundraising Activities.--
Section 302 of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30102) is amended by adding at the end the following new subsection:
    ``(j) Criteria for Participation in Joint Fundraising Activities by 
Multiple Political Committees.--
            ``(1) Criteria described.--Two or more political committees 
        as defined in this Act may participate in joint fundraising 
        activities in accordance with the following criteria:
                    ``(A) The costs of the activities shall be 
                allocated among and paid for by the participating 
                committees on the basis of the allocation among the 
                participating committees of the contributions received 
                as a result of the activities.
                    ``(B) Notwithstanding subparagraph (A), a 
                participating committee may make a payment (in whole or 
                in part) for the portion of the costs of the activities 
                which is allocated to another participating committee, 
                and the amount of any such payment shall be treated as 
                a contribution made by the committee to the other 
                participating committee.
                    ``(C) The provisions of section 315(a)(8) regarding 
                the treatment of contributions to a candidate which are 
                earmarked or otherwise directed through an intermediary 
                or conduit shall apply to contributions made by a 
                person to a participating committee which are allocated 
                by the committee to another participating committee.
            ``(2) Rule of construction.--Nothing in this subsection may 
        be construed to prohibit two or more political committees from 
        participating in joint fundraising activities by designating or 
        establishing a separate, joint committee subject to the 
        registration and reporting requirements of this Act or by 
        publishing a joint fundraising notice.''.

SEC. 307. PROTECTING PRIVACY OF DONORS TO TAX-EXEMPT ORGANIZATIONS.

    (a) Short Title.--This section may be cited as the ``Speech Privacy 
Act of 2022''.
    (b) Restrictions on Collection of Donor Information.--
            (1) Restrictions.--An entity of the Federal Government may 
        not collect or require the submission of information on the 
        identification of any donor to a tax-exempt organization.
            (2) Exceptions.--Paragraph (1) does not apply to the 
        following:
                    (A) The Internal Revenue Service, acting lawfully 
                pursuant to section 6033 of the Internal Revenue Code 
                of 1986 or any successor provision.
                    (B) The Secretary of the Senate and the Clerk of 
                the House of Representatives, acting lawfully pursuant 
                to section 3 of the Lobbying Disclosure Act of 1995 (2 
                U.S.C. 1604).
                    (C) The Federal Election Commission, acting 
                lawfully pursuant to section 510 of title 36, United 
                States Code.
                    (D) An entity acting pursuant to a lawful order of 
                a court or administrative body which has the authority 
                under law to direct the entity to collect or require 
                the submission of the information, but only to the 
                extent permitted by the lawful order of such court or 
                administrative body.
    (c) Restrictions on Release of Donor Information.--
            (1) Restrictions.--An entity of the Federal Government may 
        not disclose to the public information revealing the 
        identification of any donor to a tax-exempt organization.
            (2) Exceptions.--Paragraph (1) does not apply to the 
        following:
                    (A) The Internal Revenue Service, acting lawfully 
                pursuant to section 6104 of the Internal Revenue Code 
                of 1986 or any successor provision.
                    (B) The Secretary of the Senate and the Clerk of 
                the House of Representatives, acting lawfully pursuant 
                to section 3 of the Lobbying Disclosure Act of 1995 (2 
                U.S.C. 1604).
                    (C) The Federal Election Commission, acting 
                lawfully pursuant to section 510 of title 36, United 
                States Code.
                    (D) An entity acting pursuant to a lawful order of 
                a court or administrative body which has the authority 
                under law to direct the entity to disclose the 
                information, but only to the extent permitted by the 
                lawful order of such court or administrative body.
                    (E) An entity which discloses the information as 
                authorized by the organization.
    (d) Tax-Exempt Organization Defined.--In this section, a ``tax-
exempt organization'' means an organization which is described in 
section 501(c) of the Internal Revenue Code of 1986 and is exempt from 
taxation under section 501(a) of such Code. Nothing in this subsection 
may be construed to treat a political organization under section 527 of 
such Code as a tax-exempt organization for purposes of this section.
    (e) Penalties.--It shall be unlawful for any officer or employee of 
the United States, or any former officer or employee, willfully to 
disclose to any person, except as authorized in this section, any 
information revealing the identification of any donor to a tax-exempt 
organization. Any violation of this section shall be a felony 
punishable upon conviction by a fine in any amount not exceeding 
$250,000, or imprisonment of not more than 5 years, or both, together 
with the costs of prosecution, and if such offense is committed by any 
officer or employee of the United States, he shall, in addition to any 
other punishment, be dismissed from office or discharged from 
employment upon conviction for such offense.

SEC. 308. REPORTING REQUIREMENTS FOR TAX-EXEMPT ORGANIZATIONS.

    (a) Short Title.--This section may be cited as the ``Don't 
Weaponize the IRS Act''.
    (b) Organizations Exempt From Reporting.--
            (1) Gross receipts threshold.--Clause (ii) of section 
        6033(a)(3)(A) of the Internal Revenue Code of 1986 is amended 
        by striking ``$5,000'' and inserting ``$50,000''.
            (2) Organizations described.--Subparagraph (C) of section 
        6033(a)(3) of the Internal Revenue Code of 1986 is amended--
                    (A) by striking ``and'' at the end of clause (v),
                    (B) by striking the period at the end of clause 
                (vi) and inserting a semicolon, and
                    (C) by adding at the end the following new clauses:
                            ``(vii) any other organization described in 
                        section 501(c) (other than a private foundation 
                        or a supporting organization described in 
                        section 509(a)(3)); and
                            ``(viii) any organization (other than a 
                        private foundation or a supporting organization 
                        described in section 509(a)(3)) which is not 
                        described in section 170(c)(2)(A), or which is 
                        created or organized in a possession of the 
                        United States, which has no significant 
                        activity (including lobbying and political 
                        activity and the operation of a trade or 
                        business) other than investment activity in the 
                        United States.''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to taxable years ending after the date of the 
        enactment of this Act.
    (c) Clarification of Application to Section 527 Organizations.--
            (1) In general.--Paragraph (1) of section 6033(g) of the 
        Internal Revenue Code of 1986 is amended--
                    (A) by striking ``This section'' and inserting 
                ``Except as otherwise provided by this subsection, this 
                section'', and
                    (B) by striking ``for the taxable year.'' and 
                inserting ``for the taxable year in the same manner as 
                to an organization exempt from taxation under section 
                501(a).''.
            (2) Effective date.--The amendments made by this subsection 
        shall apply to taxable years ending after the date of the 
        enactment of this Act.
    (d) Reporting of Names and Addresses of Contributors.--
            (1) In general.--Paragraph (1) of section 6033(a) of the 
        Internal Revenue Code of 1986 is amended by adding at the end 
        the following: ``Except as provided in subsections (b)(5) and 
        (g)(2)(B), such annual return shall not be required to include 
        the names and addresses of contributors to the organization.''.
            (2) Application to section 527 organizations.--Paragraph 
        (2) of section 6033(g) of the Internal Revenue Code of 1986 is 
        amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (A),
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C), and
                    (C) by inserting after subparagraph (A) the 
                following new subparagraph:
                    ``(B) containing the names and addresses of all 
                substantial contributors, and''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to taxable years ending after the date of the 
        enactment of this Act.

SEC. 309. MAINTENANCE OF STANDARDS FOR DETERMINING ELIGIBILITY OF 
              SECTION 501(C)(4) ORGANIZATIONS.

    (a) In General.--The Department of the Treasury, including the 
Internal Revenue Service, may not issue, revise, or finalize any 
regulation, revenue ruling, or other guidance not limited to a 
particular taxpayer relating to the standard which is used to determine 
whether an organization is operated exclusively for the promotion of 
social welfare for purposes of section 501(c)(4) of the Internal 
Revenue Code of 1986 (including the proposed regulations published at 
78 Fed. Reg. 71535 (November 29, 2013)).
    (b) Application of Current Standards and Definitions.--The standard 
and definitions as in effect on January 1, 2010, which are used to make 
determinations described in subsection (a) shall apply after the date 
of the enactment of this Act for purposes of determining status under 
section 501(c)(4) of such Code of organizations created on, before, or 
after such date.

SEC. 310. INCREASED FUNDING FOR THE 10-YEAR PEDIATRIC RESEARCH 
              INITIATIVE FUND.

    (a) Short Title.--This section may be cited as the ``Jonny Wade 
Pediatric Cancer Research Act''.
    (b) Findings Relating to Pediatric Cancer.--Congress finds that 
pediatric cancer--
            (1) kills over 100,000 children annually worldwide;
            (2) reduces a child's life expectancy by 69 years once 
        diagnosed;
            (3) increases the likelihood of a secondary cancer;
            (4) is the leading cause of death by disease in children;
            (5) affects over 300,000 children annually worldwide; and
            (6) gives life-long adverse side effects to the patient.
    (c) Findings Relating to Pediatric Cancer Research.--Congress finds 
that pediatric cancer research--
            (1) increases new treatments for safety and effectiveness;
            (2) increases the likelihood of identifying a secondary 
        cancer after treatment;
            (3) increases survival rates for children;
            (4) increases the identity factors that may be associated 
        with reducing risk;
            (5) enhances our understanding of the fundamental 
        mechanisms of cancer;
            (6) increases survivorship research to reduce the long-term 
        adverse effects of cancer and its treatment; and
            (7) increases the ability to identify the likely causes of 
        pediatric cancer.
    (d) Findings Relating to Public Financing of Presidential 
Elections.--Congress finds that--
            (1) the Presidential Election Campaign Fund has a surplus 
        of $392 million; and
            (2) no major party candidate in the general Presidential 
        election has accepted public financing since 2008.
    (e) Termination of Designation of Income Tax Payments.--Section 
6096 of the Internal Revenue Code of 1986 is amended by adding at the 
end the following new subsection:
    ``(d) Termination.--This section shall not apply to taxable years 
beginning after December 31, 2022.''.
    (f) Termination of Fund and Account.--
            (1) Termination of presidential election campaign fund.--
                    (A) In general.--Chapter 95 of subtitle H of such 
                Code is amended by adding at the end the following new 
                section:

``SEC. 9014. TERMINATION.

    ``The provisions of this chapter shall not apply with respect to 
any presidential election (or any presidential nominating convention) 
after the date of the enactment of this section, or to any candidate in 
such an election.''.
                    (B) Transfer of remaining funds.--Section 9006 of 
                such Code is amended by adding at the end the following 
                new subsection:
    ``(d) Transfer of Funds Remaining After Termination.--The Secretary 
shall transfer the amounts in the fund as of the date of the enactment 
of this subsection to the 10-Year Pediatric Research Initiative Fund 
described in section 9008(c)(2), to be available as described in such 
section and to remain so available until expended.''.
            (2) Termination of account.--Chapter 96 of subtitle H of 
        such Code is amended by adding at the end the following new 
        section:

``SEC. 9043. TERMINATION.

    ``The provisions of this chapter shall not apply to any candidate 
with respect to any presidential election after the date of the 
enactment of this section.''.
    (g) Payments for Presidential Nominating Conventions.--Section 9008 
of the Internal Revenue Code of 1986 is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``under paragraph 
                (3)'';
                    (B) in paragraph (2), by striking ``under paragraph 
                (3)'';
                    (C) by striking paragraph (3); and
                    (D) by redesignating paragraphs (4) and (5) as 
                paragraphs (3) and (4);
            (2) by striking subsections (c) through (h); and
            (3) by redesignating subsection (i) as subsection (c).
    (h) Clerical Amendments.--
            (1) The table of sections for chapter 95 of subtitle H of 
        such Code is amended by adding at the end the following new 
        item:

``Sec. 9014. Termination.''.
            (2) The table of sections for chapter 96 of subtitle H of 
        such Code is amended by adding at the end the following new 
        item:

``Sec. 9043. Termination.''.
    (i) Sense of Congress Regarding NIH Research.--The Congress 
encourages the Director of the National Institutes of Health to oversee 
and coordinate research that is conducted or supported by the National 
Institutes of Health for research on pediatric cancer and other 
pediatric diseases and conditions, including through the 10-Year 
Pediatric Research Initiative Fund.
    (j) Avoiding Replicate.--Clause (ii) of section 402(b)(7)(B) of the 
Public Health Service Act (42 U.S.C. 282(b)(7)(B)) is amended by 
inserting ``and shall prioritize such pediatric research that does not 
replicate existing research activities of the National Institutes of 
Health'' before ``; and''.

   Subtitle B--Prohibition on Use of Federal Funds for Congressional 
                               Campaigns

SEC. 311. PROHIBITING USE OF FEDERAL FUNDS FOR PAYMENTS IN SUPPORT OF 
              CONGRESSIONAL CAMPAIGNS.

    No Federal funds, including amounts attributable to the collection 
of fines and penalties, may be used to make any payment in support of a 
campaign for election for the office of Senator or Representative in, 
or Delegate or Resident Commissioner to, the Congress.

          Subtitle C--Registration and Reporting Requirements

SEC. 321. REPORTING REQUIREMENTS WITH RESPECT TO ELECTIONEERING 
              COMMUNICATIONS.

    Section 304(a)(11)(A)(i) of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30104(a)(11)(A)(i)) is amended by inserting ``or makes, 
or has reason to expect to make, electioneering communications'' after 
``expenditures''.

SEC. 322. INCREASED QUALIFYING THRESHOLD AND ESTABLISHING PURPOSE FOR 
              POLITICAL COMMITTEES.

    (a) In General.--Section 301(4) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30101(4)) is amended to read as follows:
            ``(4) The term `political committee' means--
                    ``(A) any committee, club, association, or other 
                group of persons, including any local committee of a 
                political party, which receives contributions 
                aggregating in excess of $25,000 during a calendar year 
                or which makes expenditures aggregating in excess of 
                $25,000 during a calendar year and which is under the 
                control of a candidate or has the major purpose of 
                nominating or electing a candidate; or
                    ``(B) any separate segregated fund established 
                under the provisions of section 316(b).''.
    (b) Definition.--Section 301 of such Act (52 U.S.C. 30101) is 
amended by adding at the end the following new paragraph:
            ``(27) Major purpose of nominating or electing a 
        candidate.--The term `major purpose of nominating or electing a 
        candidate' means, with respect to a group of persons described 
        in paragraph (4)(A)--
                    ``(A) a group whose central organizational purpose 
                is to expressly advocate for the nomination, election, 
                or defeat of a candidate; or
                    ``(B) a group for which the majority of its 
                spending throughout its lifetime of existence has been 
                on contributions, expenditures, or independent 
                expenditures.''.
    (c) Price Index Adjustment for Political Committee Threshold.--
Section 315(c) of such Act (52 U.S.C. 30116(c)), as amended by section 
304(b), is amended--
            (1) in paragraph (1), by adding at the end the following 
        new subparagraph:
    ``(E) In any calendar year after 2022--
            ``(i) a threshold established by section 301(4)(A) or 
        301(4)(C) shall be increased by the percent difference 
        determined under subparagraph (A);
            ``(ii) each amount so increased shall remain in effect for 
        the calendar year; and
            ``(iii) if any amount after adjustment under clause (i) is 
        not a multiple of $100, such amount shall be rounded to the 
        nearest multiple of $100.''; and
            (2) in paragraph (2)(B)--
                    (A) in clause (ii), by striking ``and'' at the end;
                    (B) in clause (iii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
                    ``(iv) for purposes of sections 301(4)(A) and 
                301(4)(C), calendar year 2022.''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to elections held during 2024 or any succeeding 
year.

SEC. 323. INCREASED THRESHOLD WITH RESPECT TO INDEPENDENT EXPENDITURE 
              REPORTING REQUIREMENT.

    (a) In General.--Section 304(c)(1) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30104(c)(1)) is amended by striking ``$250'' and 
inserting ``$1,000''.
    (b) Price Index Adjustment for Independent Expenditure Reporting 
Threshold.--Section 315(c) of the Federal Election Campaign Act of 1971 
(52 U.S.C. 30116(c)), as amended by sections 304(b) and 322(b), is 
amended--
            (1) in paragraph (1), by adding at the end the following 
        new subparagraph:
    ``(F) In any calendar year after 2022--
            ``(i) a threshold established by section 304(c)(1) shall be 
        increased by the percent difference determined under 
        subparagraph (A);
            ``(ii) each amount so increased shall remain in effect for 
        the calendar year; and
            ``(iii) if any amount after adjustment under clause (i) is 
        not a multiple of $100, such amount shall be rounded to the 
        nearest multiple of $100.''; and
            (2) in paragraph (2)(B)--
                    (A) in clause (iii), by striking ``and'' at the 
                end;
                    (B) in clause (iv), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
                    ``(v) for purposes of section 304(c)(1), calendar 
                year 2022.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to elections held during 2024 or any succeeding 
year.

SEC. 324. INCREASED QUALIFYING THRESHOLD WITH RESPECT TO CANDIDATES.

    (a) Increase in Threshold.--Section 301(2) of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30101(2)) is amended by striking 
``$5,000'' each place it appears and inserting ``$10,000''.
    (b) Price Index Adjustment for Exemption of Certain Amounts as 
Contributions.--Section 315(c) of such Act (52 U.S.C. 30116(c)), as 
amended by sections 304(b), 322(b), and 323(b), is amended--
            (1) in paragraph (1), by adding at the end the following 
        new subparagraph:
    ``(G) In any calendar year after 2022--
            ``(i) a threshold established by sections 301(2) shall be 
        increased by the percent difference determined under 
        subparagraph (A);
            ``(ii) each amount so increased shall remain for the 2-year 
        period that begins on the first day following the date of the 
        general election in the year preceding the year in which the 
        amount is increased and ending on the date of the next general 
        election; and
            ``(iii) if any amount after adjustment under clause (i) is 
        not a multiple of $100, such amount shall be rounded to the 
        nearest multiple of $100.''; and
            (2) in paragraph (2)(B)--
                    (A) in clause (iv), by striking ``and'' at the end;
                    (B) in clause (v), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
                    ``(vi) for purposes of sections 301(2), calendar 
                year 2022.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to elections held during 2024 or any succeeding 
year.

SEC. 325. REPEAL REQUIREMENT OF PERSONS MAKING INDEPENDENT EXPENDITURES 
              TO REPORT IDENTIFICATION OF CERTAIN DONORS.

    (a) Repeal.--Section 304(c)(2) of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30104(c)(2)) is amended--
            (1) in subparagraph (A), by adding ``and'' at the end;
            (2) in subparagraph (B), by striking ``; and'' and 
        inserting a period; and
            (3) by striking subparagraph (C).
    (b) Conforming Amendment.--Section 304(c)(1) of such Act (52 U.S.C. 
30104(c)(1)) is amended by striking ``the information required under 
subsection (b)(3)(A) for all contributions received by such person'' 
and inserting ``the information required under paragraph (2)''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to independent expenditures made on or after the 
date of the enactment of this Act.

      Subtitle D--Exclusion of Certain Amounts From Treatment as 
                     Contributions or Expenditures

SEC. 331. INCREASED THRESHOLD FOR EXEMPTION OF CERTAIN AMOUNTS AS 
              CONTRIBUTIONS.

    (a) Real or Personal Property Exemption.--Section 301(8)(B)(ii) of 
the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(B)(ii)) 
is amended--
            (1) by striking ``$1,000'' and inserting ``$2,000''; and
            (2) by striking ``$2,000'' and inserting ``$4,000''.
    (b) Travel Expenses Exemption.--Section 301(8)(B)(iv) of the 
Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(B)(iv)) is 
amended--
            (1) by striking ``$1,000'' and inserting ``$2,000''; and
            (2) by striking ``$2,000'' and inserting ``$4,000''.
    (c) Price Index Adjustment for Exemption of Certain Amounts as 
Contributions.--Section 315(c) of such Act (52 U.S.C. 30116(c)), as 
amended by sections 304(b), 322(b), 323(b), and 324(b) is amended--
            (1) in paragraph (1), by adding at the end the following 
        new subparagraph:
    ``(H) In any calendar year after 2022--
            ``(i) the exemption amounts established by section 
        301(8)(B)(ii) or 301(8)(B)(iv) shall be increased by the 
        percent difference determined under subparagraph (A);
            ``(ii) each amount so increased shall remain for the 2-year 
        period that begins on the first day following the date of the 
        general election in the year preceding the year in which the 
        amount is increased and ending on the date of the next general 
        election; and
            ``(iii) if any amount after adjustment under clause (i) is 
        not a multiple of $100, such amount shall be rounded to the 
        nearest multiple of $100.''; and
            (2) in paragraph (2)(B)--
                    (A) in clause (v), by striking ``and'' at the end;
                    (B) in clause (vi), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
                    ``(vii) for purposes of section 301(8)(B)(ii) or 
                301(8)(B)(iv), calendar year 2022.''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to elections held during 2024 or any succeeding 
year.

SEC. 332. EXEMPTION OF UNCOMPENSATED INTERNET COMMUNICATIONS FROM 
              TREATMENT AS CONTRIBUTION OR EXPENDITURE.

    (a) Exemptions.--
            (1) Exemption from treatment as contribution.--Section 
        301(8)(B) of the Federal Election Campaign Act of 1971 (52 
        U.S.C. 30101(8)(B)) is amended--
                    (A) by striking ``and'' at the end of clause 
                (xiii);
                    (B) by striking the period at the end of clause 
                (xiv) and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
            ``(xv) any payment by any person in producing and 
        disseminating any information or communication on the Internet, 
        Internet platform or other Internet-enabled application, unless 
        the information or communication is disseminated for a fee on 
        another person's website, platform or other Internet-enabled 
        application, whether coordinated or not.''.
            (2) Exemption from treatment as expenditure.--Section 
        301(9)(B) of such Act (52 U.S.C. 30101(9)(B)) is amended--
                    (A) by striking ``and'' at the end of clause (ix);
                    (B) by striking the period at the end of clause (x) 
                and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
            ``(xi) any cost incurred by any person in producing and 
        disseminating any information or communication on the Internet, 
        Internet platform or other Internet-enabled application, unless 
        the information or communication is disseminated for a fee on 
        another person's website, platform or other Internet-enabled 
        application.''.
    (b) Application to Definition of Public Communications.--Section 
301(22) of such Act (52 U.S.C. 30101(22)) is amended by adding at the 
end the following: ``In the previous sentence, the terms `public 
communication' and `general public political advertising' do not 
include communications disseminated over the Internet or via an 
Internet platform or other Internet-enabled application, unless the 
communication or advertising is disseminated for a fee on another 
person's website, platform or other internet-enabled application.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to elections held during 2024 or any succeeding 
year.

SEC. 333. MEDIA EXEMPTION.

    (a) Expansion of Exemption to Additional Forms of Media.--Section 
301(9)(B)(i) of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30101(9)(B)(i)) is amended to read as follows:
                    ``(i) any news story, commentary, or editorial 
                distributed through the facilities of any broadcasting, 
                cable, satellite, or internet-based station, 
                programmer, operator or producer; newspaper, magazine, 
                or other periodical publisher; electronic publisher, 
                platform, or application; book publisher; or filmmaker 
                or film producer, distributor or exhibitor, unless such 
                facilities are owned or controlled by any political 
                party, political committee, or candidate;''.
    (b) Application to Contributions.--Section 301(8)(B) of such Act 
(52 U.S.C. 30101(8)(B)), as amended by section 332(a)(1), is amended--
            (1) by redesignating clauses (i) through (xv) as clauses 
        (ii) through (xvi); and
            (2) by inserting before clause (ii) (as so redesignated) 
        the following new clause:
                    ``(i) any payment for any news story, commentary, 
                or editorial distributed through the facilities of any 
                broadcasting, cable, satellite, or internet-based 
                station, programmer, operator or producer; newspaper, 
                magazine, or other periodical 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 during 2024 or any succeeding 
year.

    Subtitle E--Prohibition on Issuance of Regulations on Political 
                             Contributions

SEC. 341. PROHIBITION ON ISSUANCE OF REGULATIONS ON POLITICAL 
              CONTRIBUTIONS.

    The Securities and Exchange Commission may not finalize, issue, or 
implement any rule, regulation, or order regarding the disclosure of 
political contributions, contributions to tax exempt organizations, or 
dues paid to trade associations.

                  Subtitle F--Miscellaneous Provisions

SEC. 351. PERMANENT EXTENSION OF FINES FOR QUALIFIED DISCLOSURE 
              REQUIREMENT VIOLATIONS.

    Section 309(a)(4)(C)(v) of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30109(a)(4)(C)(v)) is amended by striking ``, and that 
end on or before December 31, 2023''.

SEC. 352. POLITICAL COMMITTEE DISBURSEMENT REQUIREMENTS.

    Section 302(h)(1) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30102(h)(1)) is amended by striking ``except by check drawn on 
such accounts in accordance with this section'' and inserting ``except 
from such accounts''.

SEC. 353. DESIGNATION OF INDIVIDUAL AUTHORIZED TO MAKE CAMPAIGN 
              COMMITTEE DISBURSEMENTS IN EVENT OF DEATH OF CANDIDATE.

    (a) In General.--Section 302 of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30102), as amended by section 307(b), is amended by 
adding at the end the following new subsection:
    ``(k)(1) Each candidate may, with respect to each authorized 
committee of the candidate, designate an individual 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 
individual under this subsection in the event of the death or 
incapacity of the designated individual or the unwillingness of the 
designated individual to carry out the responsibilities.
    ``(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 developed by the Commission) that contains the 
name and address of the individual and the name of the authorized 
committee for which the designation shall apply, and that may contain 
the candidate's instructions regarding the disbursement 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 
standardized form developed by the Commission).
    ``(3)(A) Upon the death of a candidate who has designated an 
individual for purposes of paragraph (1), funds in the accounts of each 
authorized committee of the candidate may be disbursed only under the 
direction and in accordance with the instructions of such individual, 
subject to the terms and conditions applicable to the disbursement 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 individual 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 candidate's death, the authorized 
committee has a treasurer or a designated agent of the treasurer as 
described in section 302(a), unless the treasurer or designated agent 
is incapacitated or cannot be reached by the authorized committee.
    ``(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 paragraph, 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 reports 
of the disbursements of such funds under section 304(a).''.
    (b) Inclusion of Designation in Statement of Organization of 
Committee.--Section 303(b) of such Act (52 U.S.C. 30103(b)) is 
amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(7) in the case of an authorized committee of a candidate 
        who has designated an individual under section 302(k) 
        (including a second individual designated to carry out the 
        responsibilities of that individual under such section in the 
        event of that individual's death or incapacity or unwillingness 
        to carry out the responsibilities) to disburse funds from the 
        accounts of the committee in the event of the death of the 
        candidate, a copy of the statement filed by the candidate with 
        the Commission under such section (as well as a copy of any 
        subsequent statement of revocation filed by the candidate with 
        the Commission under such section).''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to authorized campaign 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. PROHIBITION ON 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 knowingly direct, help, or assist any person in making a 
contribution in the name of another person.''.

SEC. 355. UNANIMOUS CONSENT OF COMMISSION MEMBERS REQUIRED FOR 
              COMMISSION TO REFUSE TO DEFEND ACTIONS BROUGHT AGAINST 
              COMMISSION.

    (a) Unanimous Consent.--Section 307 of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30107) is amended by adding at the end 
the following new subsection:
    ``(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--
            ``(A) through the general counsel, as provided in 
        subsection (a)(6);
            ``(B) by appointing counsel as provided in section 
        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 unanimous 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 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 the 
Executive Schedule''.

SEC. 357. UNIFORM STATUTE OF LIMITATIONS FOR PROCEEDINGS TO ENFORCE 
              FEDERAL ELECTION CAMPAIGN ACT OF 1971.

    (a) 5-Year Limitation.--Section 406(a) of the Federal 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 occurring on or after the date of the 
enactment of this Act.

SEC. 358. DEADLINE FOR PROMULGATION OF PROPOSED REGULATIONS.

    Not later than 120 days after the date of the enactment of this 
Act, the Federal Election Commission shall 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 Assistance 
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 coordination with the heads of the appropriate Federal 
entities, shall submit a joint report to the appropriate congressional 
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 election agency in the report under this section 
shall be voluntary and at the discretion of the State.
    (c) Appropriate Federal Entities.--In this section, 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, including the 
        component of the Department that reports to the Under Secretary 
        responsible for overseeing critical infrastructure protection, 
        cybersecurity, 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 Intelligence, 
        the National Security Agency, and such other elements of the 
        intelligence community (as defined 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 committees'' 
        means--
                    (A) the Committee on Rules and Administration, the 
                Committee on Homeland Security and Governmental 
                Affairs, the Select Committee on Intelligence, and the 
                Committee on Foreign Relations of the Senate; and
                    (B) the Committee on House Administration, 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 designated by the State 
        under section 10 of the National 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 component 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).

SEC. 403. RULE OF CONSTRUCTION.

    Nothing in this title may be construed as authorizing the Secretary 
of Homeland Security to carry out the administration 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 Cybersecurity and 
        Infrastructure Security Agency of the Department of Homeland 
        Security (in this subtitle referred 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 
        systems used in the administration of elections for Federal 
        office or the cybersecurity of elections for Federal office 
        generally is necessary. If such a determination is made in the 
        affirmative, the Director shall collaborate with the Commission 
        in the preparation 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.
    (b) Notification.--If the Director issues an advisory described in 
subsection (a), the Director, in collaboration with the Commission, 
shall provide to appropriate State election officials and vendors of 
covered voting systems notification relating thereto.

SEC. 412. PROCESS TO TEST FOR AND MONITOR CYBERSECURITY VULNERABILITIES 
              IN ELECTION EQUIPMENT.

    (a) Process for Covered Voting Systems.--
            (1) In general.--The Director and the Commission (in 
        consultation with the Technical Guidelines 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 remedies.
                    (B) Notice to the Commission and appropriate 
                entities of the results of testing conducted pursuant 
                to such process.
            (2) Implementation.--The Director shall implement the 
        process established under paragraph (1) at the request of the 
        Commission.
    (b) Labeling for Voting Systems.--The Commission (in consultation 
with the Technical Guidelines Development Committee and the Standards 
Board of the Commission), shall establish a process to provide for the 
deployment of appropriate labeling available through the website of the 
Commission to indicate that covered voting systems passed the most 
recent cybersecurity testing pursuant to the process established under 
subsection (a).
    (c) Rules of Construction.--The process established under 
subsection (a), including the results of any testing carried out 
pursuant to this section, shall not affect--
            (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 certify such 
        equipment under such Act.
    (d) Definition.--In this section, the term ``covered voting 
systems'' means equipment used in the administration 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 under which such equipment is not required to be tested for 
cybersecurity vulnerabilities.

SEC. 413. DUTY OF SECRETARY OF HOMELAND SECURITY TO NOTIFY STATE AND 
              LOCAL OFFICIALS OF ELECTION CYBERSECURITY INCIDENTS.

    (a) Duty To Share Information With Department of Homeland 
Security.--If a Federal entity receives information about an election 
cybersecurity incident, the Federal entity shall promptly share that 
information with the Department of Homeland Security, unless the head 
of the entity (or a Senate-confirmed official designated 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 subsection (a), the 
        Secretary of Homeland Security, in consultation with the 
        Attorney General, the Director of the Federal Bureau of 
        Investigation, and the Director of National Intelligence, shall 
        promptly (but in no case later than 96 hours after receiving 
        the information) review the information and make a 
        determination whether each of the following apply:
                    (A) There is credible evidence that the incident 
                occurred.
                    (B) There is a basis to believe that the incident 
                resulted, could have resulted, or could result in voter 
                information systems or voter tabulation systems being 
                altered or otherwise affected.
            (2) Duty to notify state and local officials.--
                    (A) Duty described.--If the Secretary makes a 
                determination under paragraph (1) that subparagraphs 
                (A) and (B) of such paragraph apply with respect to an 
                election cybersecurity 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 
                        involved.
                            (ii) The State election official of the 
                        State involved.
                            (iii) The local election official of the 
                        election agency involved.
                    (B) Treatment of classified information.--
                            (i) Efforts to avoid inclusion of 
                        classified information.--In preparing a 
                        notification provided under this paragraph to 
                        an individual described in clause (i), (ii), or 
                        (iii) of subparagraph (A), the Secretary shall 
                        attempt to avoid the inclusion 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 Secretary (in consultation 
                        with the Attorney General and the Director of 
                        National Intelligence) shall indicate in the 
                        notification which information is classified.
            (3) Exception.--
                    (A) In general.--If the Secretary, in consultation 
                with the Attorney General and the Director of National 
                Intelligence, makes a determination that it is not 
                possible to provide a notification under paragraph (1) 
                with respect to an election cybersecurity incident 
                without compromising 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 subparagraph (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 
                possible to provide a notification under paragraph (2) 
                without compromising intelligence methods or sources or 
                interfering with an ongoing investigation, the 
                Secretary shall provide the notification under 
                paragraph (2) not later than 96 hours after making such 
                revised determination.
            (4) Coordination with election assistance commission.--The 
        Secretary shall make determinations and provide notifications 
        under this 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 Director of the 
        Cybersecurity and Infrastructure Security Agency of the 
        Department of Homeland Security makes determinations as to the 
        necessity of an advisory and the issuance of an advisory under 
        section 411(a) and the provision of notification under section 
        411(b).
    (c) Definitions.--In this section, the following definitions 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 elections 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, confidentiality, or availability of information on 
        an information system of election infrastructure (including a 
        vote tabulation system), or actually or imminently jeopardizes, 
        without lawful authority, such an information system of 
        election infrastructure.
            (3) Federal election.--The term ``Federal election'' means 
        any election (as defined in section 301(1) of the Federal 
        Election Campaign Act of 1971 (52 U.S.C. 30101(1))) for Federal 
        office (as defined in section 301(3) of the Federal Election 
        Campaign Act of 1971 (52 U.S.C. 30101(3))).
            (4) Federal entity.--The term ``Federal entity'' means any 
        agency (as defined in section 551 of title 5, United States 
        Code).
            (5) Local election official.--The term ``local election 
        official'' means the chief election official of a component of 
        a unit of local government of a State that is responsible for 
        administering Federal elections.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (7) State.--The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, Guam, American Samoa, the Commonwealth of Northern 
        Mariana Islands, and the United States Virgin Islands.
            (8) State election official.--The term ``State election 
        official'' means--
                    (A) the chief State election official of a State 
                designated under section 10 of the National Voter 
                Registration Act of 1993 (52 U.S.C. 20509); or
                    (B) in the case of Puerto Rico, Guam, American 
                Samoa, the Northern Mariana Islands, 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 incident which is received 
on or after the date of the enactment of this Act.

     TITLE V--SENSE OF CONGRESS WITH RESPECT TO ROLE OF STATES IN 
                      CONGRESSIONAL REDISTRICTING

SEC. 501. SENSE OF CONGRESS WITH RESPECT TO ROLE OF STATES IN 
              CONGRESSIONAL REDISTRICTING.

    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 districts of the State and to determine the 
procedures and criteria used to establish such maps.

               TITLE VI--DISINFORMATION GOVERNANCE BOARD

SEC. 601. TERMINATION OF THE DISINFORMATION GOVERNANCE BOARD.

    The Disinformation Governance Board of the Department of Homeland 
Security is hereby terminated.

SEC. 602. PROHIBITION ON FUNDING THE ACTIVITIES OF THE DISINFORMATION 
              GOVERNANCE BOARD.

    No Federal funds authorized to be appropriated or otherwise made 
available may be used to establish or carry out the activities of any 
other entity that is substantially similar to the Disinformation 
Governance Board terminated by section 701.

                        TITLE VII--SEVERABILITY

SEC. 701. SEVERABILITY.

    If any provision of this Act or any amendment made by this Act, or 
the application of any such provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remainder of this 
Act, and the application of such provision or amendment to any other 
person or circumstance, shall not be affected by the holding.
                                 <all>