Title: Sustaining Our Democracy Act
Policy area: Government Operations and Politics

Summary:
Sustaining Our Democracy Act
This bill establishes and provides funds through FY2032 for the State Election Assistance and Innovation Trust Fund for purposes of promoting election activities.
Specifically, the bill establishes the Democracy Advancement and Innovation Program, through which the Office of Democracy Advancement and Innovation (also established by this bill) shall make allocations to states for carrying out democracy promotion activities. These activities include improving the administration of federal elections, recruiting and training nonpartisan election officials and poll workers, and increasing voting access.
The bill requires each state, in order to receive allocated funds, to (1) submit a plan for approval that describes how the state will distribute resources and carry out democracy promotion activities, and (2) establish uniform and nondiscriminatory state-based administrative complaint procedures.
The bill prohibits states from using funds for certain activities, including any activity that diminishes the ability of any eligible voter to participate in the electoral process.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4239 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4239

 To establish a democracy advancement and innovation program, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 18 (legislative day, May 17), 2022

Ms. Klobuchar (for herself, Ms. Warren, Ms. Smith, Mrs. Feinstein, Mr. 
Wyden, Mr. Padilla, Mr. Merkley, Mr. Sanders, Mr. Blumenthal, Mr. King, 
and Mr. Booker) introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
 To establish a democracy advancement and innovation program, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Sustaining Our 
Democracy Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
              TITLE I--PAYMENTS AND ALLOCATIONS TO STATES

Sec. 101. Democracy Advancement and Innovation Program.
Sec. 102. State plan.
Sec. 103. Prohibitions.
Sec. 104. Amount of State allocation.
Sec. 105. Procedures for disbursements of payments and allocations.
Sec. 106. Office of Democracy Advancement and Innovation.
     TITLE II--STATE ELECTION ASSISTANCE AND INNOVATION TRUST FUND

Sec. 201. State Election Assistance and Innovation Trust Fund.
                     TITLE III--GENERAL PROVISIONS

Sec. 301. Definitions.
Sec. 302. Rule of construction regarding calculation of deadlines.
Sec. 303. Severability.

              TITLE I--PAYMENTS AND ALLOCATIONS TO STATES

SEC. 101. DEMOCRACY ADVANCEMENT AND INNOVATION PROGRAM.

    (a) Establishment.--There is established a program to be known as 
the ``Democracy Advancement and Innovation Program'' under which the 
Director of the Office of Democracy Advancement and Innovation shall 
make allocations to each State for each fiscal year to carry out 
democracy promotion activities described in subsection (b).
    (b) Democracy Promotion Activities Described.--The democracy 
promotion activities described in this subsection are as follows:
            (1) Activities to promote innovation to improve efficiency 
        and smooth functioning in the administration of elections for 
        Federal office and to secure the infrastructure used in the 
        administration of such elections, including making upgrades to 
        voting equipment and voter registration systems, voter 
        registration and nonpartisan voter outreach activities, 
        securing voting locations, expanding polling places and the 
        availability of early and mail voting, and promoting 
        cybersecurity.
            (2) Activities to recruit, train, and retain nonpartisan 
        election officials and poll workers and to protect election 
        officials (both nonpartisan and those elected or appointed to 
        their position) from threats against them in the course of 
        their work administering Federal elections.
            (3) Activities to increase access to voting in elections 
        for Federal office by underserved communities, individuals with 
        disabilities, racial and language minority groups, individuals 
        entitled to vote by absentee ballot under the Uniformed and 
        Overseas Citizens Absentee Voting Act, and voters residing in 
        Indian lands.
    (c) Permitting States To Retain and Reserve Allocations for Future 
Use.--A State may retain and reserve an allocation received for a 
fiscal year to carry out democracy promotion activities in any 
subsequent fiscal year.
    (d) Requiring Submission and Approval of State Plan.--
            (1) In general.--A State shall receive an allocation under 
        the Program for a fiscal year if--
                    (A) not later than 90 days before the first day of 
                the fiscal year, the chief State election official of 
                the State submits to the Director the State plan 
                described in section 102; and
                    (B) not later than 45 days before the first day of 
                the fiscal year, the Director, in consultation with the 
                Election Assistance Commission as described in 
                paragraph (3), determines that the State plan will 
                enable the State to carry out democracy promotion 
                activities and approves the plan.
            (2) Submission and approval of revised plan.--If the 
        Director does not approve the State plan as submitted by the 
        State under paragraph (1) with respect to a fiscal year, the 
        State shall receive a payment under the Program for the fiscal 
        year if, at any time prior to the end of the fiscal year--
                    (A) the chief State election official of the State 
                submits a revised version of the State plan; and
                    (B) the Director, in consultation with the Election 
                Assistance Commission as described in paragraph (3), 
                determines that the revised version of the State plan 
                will enable the State to carry out democracy promotion 
                activities and approves the plan.
            (3) Election assistance commission consultation.--With 
        respect to a State plan submitted under paragraph (1) or a 
        revised plan submitted under paragraph (2)--
                    (A) the Director shall, prior to making a 
                determination on approval of the plan, consult with the 
                Election Assistance Commission; and
                    (B) the Election Assistance Commission shall submit 
                to the Director a written assessment with respect to 
                whether the proposed activities of the plan satisfy the 
                requirements of this Act.
            (4) Consultation with legislature.--The chief State 
        election official of the State shall develop the State plan 
        submitted under paragraph (1) and any revised plan submitted 
        under paragraph (2) in consultation with the majority party and 
        minority party leaders of each house of the State legislature.
            (5) Rules for states that do not submit a state plan.--If a 
        State fails to submit a State plan described in section 102 
        before the date required under paragraph (1)(A), under rules 
        established by the Director--
                    (A) for purposes of this title (other than section 
                104)--
                            (i) each political subdivision within the 
                        State shall be treated as a State for purposes 
                        of this title (other than section 104); and
                            (ii) in applying this title to such 
                        political subdivision, any duties required of 
                        the chief State election official shall be 
                        undertaken by the executive official of such 
                        political subdivision charged with the 
                        administration of elections;
                    (B) in applying this subsection to any political 
                subdivision of the State--
                            (i) paragraph (1)(A) shall be applied by 
                        substituting ``the first day of the fiscal 
                        year'' for ``90 days before the first day of 
                        the fiscal year'';
                            (ii) paragraph (1)(B) shall be applied by 
                        substituting ``30 days after the first day of 
                        the fiscal year'' for ``45 days before the 
                        first day of the fiscal year''; and
                            (iii) paragraph (4) shall not apply; and
                    (C) the amount of the allocation made to each such 
                political subdivision under the Program shall be the 
                sum of--
                            (i) an amount which bears the same 
                        proportion to the amount determined under 
                        section 104 with respect to the State in which 
                        the political subdivision is located as--
                                    (I) the population of the political 
                                subdivision; bears to
                                    (II) the population of such State; 
                                plus
                            (ii) an amount (not to exceed 100 percent 
                        of the amount determined with respect to the 
                        political subdivision under clause (i)) which 
                        bears the same proportion to the unsubscribed 
                        funds of the State as--
                                    (I) the population of the political 
                                subdivision; bears to
                                    (II) the population of the number 
                                of political subdivisions within the 
                                State that submitted a plan under 
                                section 102 before the date required 
                                under paragraph (1)(A) (after 
                                application of subparagraph (B)).
        For purposes of subparagraph (C)(ii), the unsubscribed funds of 
        any State is the sum of the amounts described in subparagraph 
        (C)(i) with respect to political subdivisions in the State 
        which did not submit a plan under this subsection before the 
        date required under paragraph (1)(A) (after application of 
        subparagraph (B)).
    (e) State Report on Use of Allocations.--Not later than 90 days 
after the last day of a fiscal year for which an allocation was made to 
the State under the Program, the chief State election official of the 
State shall submit a report to the Director describing how the State 
used the allocation, including a description of the democracy promotion 
activities the State carried out with the allocation.
    (f) Public Availability of Information.--
            (1) Publicly available website.--The Director shall make 
        available on a publicly accessible website the following:
                    (A) State plans submitted under paragraph (1) of 
                subsection (d) and revised plans submitted under 
                paragraph (2) of subsection (d).
                    (B) The Director's notifications of determinations 
                with respect to such plans under subsection (d).
                    (C) Reports submitted by States under subsection 
                (e).
            (2) Redaction.--The Director may redact information 
        required to be made available under paragraph (1) if the 
        information would be properly withheld from disclosure under 
        section 552 of title 5, United States Code, or if the public 
        disclosure of the information is otherwise prohibited by law.
    (g) Effective Date.--This section shall apply with respect to 
fiscal year 2023 and each succeeding fiscal year.

SEC. 102. STATE PLAN.

    (a) Contents.--A State plan under this section with respect to a 
State is a plan containing each of the following:
            (1) A description of the democracy promotion activities the 
        State will carry out with the payment made under the Program.
            (2) A statement of whether or not the State intends to 
        retain and reserve the payment for future democracy promotion 
        activities.
            (3) A statement of how the State intends to distribute 
        resources under the plan, including how the distribution of 
        resources will address geographic and racial disparities within 
        the State.
            (4) A description of how the State intends to allocate 
        funds to carry out the proposed activities, which shall include 
        the amount the State intends to allocate to each such activity, 
        including (if applicable) a specific allocation for--
                    (A) activities described in subsection 101(b)(1) 
                (relating to election administration);
                    (B) activities described in section 101(b)(2) 
                (relating to activities to recruit, train, retain, and 
                protect election workers); and
                    (C) activities described in section 101(b)(3) 
                (relating to activities to increase access to voting in 
                elections for Federal office by certain communities).
            (5) A description of how funds allocated under paragraph 
        (4) will be allocated to political subdivisions of the State.
            (6) A description of how the State will establish the fund 
        described in subsection (b) for purposes of administering the 
        democracy promotion activities which the State will carry out 
        with the payment, including information on fund management.
            (7) A description of the State-based administrative 
        complaint procedures established for purposes of section 
        103(a)(2).
            (8) A statement regarding whether the proposed activities 
        to be funded are permitted under State law, or whether the 
        official intends to seek legal authorization for such 
        activities.
    (b) Requirements for Fund.--
            (1) Fund described.--For purposes of subsection (a)(6), a 
        fund described in this subsection with respect to a State is a 
        fund which is established in the treasury of the State 
        government, which is used in accordance with paragraph (2), and 
        which consists of the following amounts:
                    (A) Amounts appropriated or otherwise made 
                available by the State for carrying out the democracy 
                promotion activities for which the payment is made to 
                the State under the Program.
                    (B) The payment made to the State under the 
                Program.
                    (C) Such other amounts as may be appropriated under 
                law.
                    (D) Interest earned on deposits of the fund.
            (2) Use of fund.--Amounts in the fund shall be used by the 
        State exclusively to carry out democracy promotion activities 
        for which the payment is made to the State under the Program.
            (3) Treatment of states that require changes to state 
        law.--In the case of a State that requires State legislation to 
        establish the fund described in this subsection, the Director 
        shall defer disbursement of the payment to such State under the 
        Program until such time as legislation establishing the fund is 
        enacted.

SEC. 103. PROHIBITIONS.

    (a) Prohibited Uses of Payments.--
            (1) In general.--A State may not use a payment made under 
        the Program to carry out--
                    (A) any activity described in paragraph (2); or
                    (B) any other activity which has the purpose or 
                effect of diminishing the ability of any eligible voter 
                to participate in the electoral process.
            (2) Prohibited activities.--The following are activities 
        described in this paragraph:
                    (A) Activities that intimidate, threaten, or coerce 
                voters, poll workers, or election administrators.
                    (B) The restriction of the distribution of food or 
                nonalcoholic beverages to voters while waiting at 
                polling places (other than restrictions on 
                distributions made on the basis of the electoral 
                participation or political preference of the 
                recipient).
                    (C) The removal of election administrators from 
                their positions other than for negligence, neglect of 
                duty, or malfeasance in office.
                    (D) Defending against lawsuits alleging voter-
                suppression practices or proposed practices.
                    (E) The investigation of claims of voter fraud 
                based on the mere invocation of interests in voter 
                confidence or prevention of fraud.
                    (F) The performance of audits that--
                            (i) fail to meet best practices established 
                        by the Election Assistance Commission;
                            (ii) fail to meet the requirements for 
                        record retention under title III of the Civil 
                        Rights Act of 1960 (52 U.S.C. 20701 et seq.); 
                        or
                            (iii) otherwise jeopardize election 
                        records, voting equipment, electronic poll 
                        books, or election management systems (as 
                        defined under the voluntary guidance issued by 
                        the Election Assistance Commission under 
                        section 311 of the Help America Vote Act of 
                        2002 (52 U.S.C. 21101)).
                    (G) The removal of voters from voter rolls based on 
                evidence that is not reliable.
                    (H) Activities preventing individuals seeking to 
                have their right to vote or register to vote restored.
                    (I) The purchase of voting machines that do not 
                require the use of individual voter-verifiable paper 
                ballots marked through the use of a nontabulating 
                ballot marking device or system.
    (b) State-Based Administrative Complaint Procedures.--
            (1) Establishment.--A State receiving a payment under the 
        Program shall establish uniform and nondiscriminatory State-
        based administrative complaint procedures under which any 
        person who believes that a violation of subsection (a) has 
        occurred, is occurring, or is about to occur may file a 
        complaint.
            (2) Notification to director.--The State shall transmit to 
        the Director a description of each complaint filed under the 
        procedures, together with--
                    (A) if the State provides a remedy with respect to 
                the complaint, a description of the remedy; or
                    (B) if the State dismisses the complaint, a 
                statement of the reasons for the dismissal.
            (3) Review by director.--
                    (A) Request for review.--Any person who is 
                dissatisfied with the final decision under a State-
                based administrative complaint procedure under this 
                subsection may, not later than 60 days after the 
                decision is made, file a request with the Director to 
                review the decision.
                    (B) Action by director.--Upon receiving a request 
                under subparagraph (A), the Director shall review the 
                decision and, in accordance with such procedures as the 
                Director may establish, including procedures to provide 
                notice and an opportunity for a hearing, may uphold the 
                decision or reverse the decision and provide an 
                appropriate remedy.
                    (C) Public availability of material.--The Director 
                shall make available on a publicly accessible website 
                all material relating to a request for review and 
                determination by the Director under this paragraph, 
                except that the Director may redact material required 
                to be made available under this subparagraph if the 
                material would be properly withheld from disclosure 
                under section 552 of title 5, United States Code, or if 
                the public disclosure of the material is otherwise 
                prohibited by law.
            (4) Right to petition for review.--
                    (A) In general.--Any person aggrieved by an action 
                of the Director under subparagraph (B) of paragraph (3) 
                may file a petition with the United States District 
                Court for the District of Columbia.
                    (B) Deadline to file petition.--Any petition under 
                this subparagraph shall be filed not later than 60 days 
                after the date of the action taken by the Director 
                under subparagraph (B) of paragraph (3).
                    (C) Standard of review.--In any proceeding under 
                this paragraph, the court shall determine whether the 
                action of the Director was arbitrary, capricious, an 
                abuse of discretion, or otherwise not in accordance 
                with law under section 706 of title 5, United States 
                Code, and may direct the Office to conform with any 
                such determination within 30 days.
    (c) Action by Attorney General for Declaratory and Injunctive 
Relief.--The Attorney General may bring a civil action against any 
State in an appropriate United States District Court for such 
declaratory and injunctive relief (including a temporary restraining 
order, a permanent or temporary injunction, or other order) as may be 
necessary to enforce subsection (a).

SEC. 104. AMOUNT OF STATE ALLOCATION.

    (a) State-Specific Amount.--The amount of the allocation made to a 
State under the Program for a fiscal year shall be equal to the product 
of--
            (1) the Congressional district allocation amount 
        (determined under subsection (b)); and
            (2) the number of Congressional districts in the State for 
        the next regularly scheduled general election for Federal 
        office held in the State.
    (b) Congressional District Allocation Amount.--For purposes of 
subsection (a), the ``Congressional district allocation amount'' with 
respect to a fiscal year is equal to the quotient of--
            (1) the aggregate amount available for allocations to 
        States under the Program for the fiscal year, as determined by 
        the Director under subsection (c); divided by
            (2) the total number of Congressional districts in all 
        States.
    (c) Determination of Aggregate Amount Available for Allocations; 
Notification to States.--Not later than 120 days before the first day 
of each fiscal year, the Director--
            (1) shall determine and establish the aggregate amount 
        available for allocations to States under the Program for the 
        fiscal year, taking into account the anticipated balances of 
        the Trust Fund (including any amounts appropriated pursuant to 
        section 106(i)); and
            (2) shall notify each State of the amount of the State's 
        allocation under the Program for the fiscal year.
In making the determination under paragraph (1), the Director shall 
consult with the Election Assistance Commission, but shall be solely 
responsible for making the final determinations under such paragraph.
    (d) Source of Payments.--The amounts used to make allocations and 
payments under the Program shall be derived solely from the Trust Fund.

SEC. 105. PROCEDURES FOR DISBURSEMENTS OF PAYMENTS AND ALLOCATIONS.

    (a) Allocation.--Upon approving the State plan under section 102, 
the Director shall direct the Secretary of the Treasury to allocate to 
the Election Assistance Commission the amount provided for activities 
under the plan.
    (b) Payment to State.--As soon as practicable after receiving an 
allocation under subsection (a) with respect to a State, the Election 
Assistance Commission shall make payments to--
            (1) local election administrators in the State with respect 
        to amounts related to activities in the State plan carried out 
        directly by such local election administrators; and
            (2) the State with respect to any amount not described in 
        paragraph (1).
    (c) Continuing Availability of Funds After Appropriation.--A 
payment made to a State by the Election Assistance Commission under 
this section shall be available without fiscal year limitation.

SEC. 106. OFFICE OF DEMOCRACY ADVANCEMENT AND INNOVATION.

    (a) Establishment.--There is established as an independent 
establishment in the executive branch the Office of Democracy 
Advancement and Innovation.
    (b) Director.--
            (1) In general.--The Office shall be headed by a Director, 
        who shall be appointed by the President with the advice and 
        consent of the Senate.
            (2) Term of service.--The Director shall serve for a term 
        of 6 years and may be reappointed to an additional term, and 
        may continue serving as Director until a replacement is 
        appointed. A vacancy in the position of Director shall be 
        filled in the same manner as the original appointment.
            (3) Compensation.--The Director shall be paid at an annual 
        rate of pay equal to the annual rate in effect for level II of 
        the Executive Schedule.
            (4) Removal.--The Director may be removed from office by 
        the President. If the President removes the Director, the 
        President shall communicate in writing the reasons for the 
        removal to both Houses of Congress not later than 30 days 
        beforehand. Nothing in this paragraph shall be construed to 
        prohibit a personnel action otherwise authorized by law.
    (c) General Counsel and Other Staff.--
            (1) General counsel.--The Director shall appoint a general 
        counsel who shall be paid at an annual rate of pay equal to the 
        annual rate in effect for level III of the Executive Schedule. 
        In the event of a vacancy in the position of the Director, the 
        General Counsel shall exercise all the responsibilities of the 
        Director until such vacancy is filled.
            (2) Senior staff.--The Director may appoint and fix the pay 
        of staff designated as Senior staff, such as a Deputy Director, 
        who may be paid at an annual rate of pay equal to the annual 
        rate in effect for level IV of the Executive Schedule.
            (3) Other staff.--In addition to the General Counsel and 
        Senior staff, the Director may appoint and fix the pay of such 
        other staff as the Director considers necessary to carry out 
        the duties of the Office, except that no such staff may be 
        compensated at an annual rate exceeding the daily equivalent of 
        the annual rate of basic pay in effect for grade GS-15 of the 
        General Schedule.
    (d) Duties.--The duties of the Office are as follows:
            (1) Administration of program.--The Director shall 
        administer the Program, in consultation with the Election 
        Assistance Commission, including by holding quarterly meetings 
        of representatives from such Commission.
            (2) Oversight of trust fund.--The Director shall oversee 
        the operation of the Trust Fund and monitor its balances, in 
        consultation with the Election Assistance Commission and the 
        Secretary of the Treasury. The Director may hold funds in 
        reserve to cover the expenses of the Office and to preserve the 
        solvency of the Trust Fund.
            (3) Reports.--Not later than 180 days after the date of the 
        regularly scheduled general election for Federal office held in 
        2024 and each succeeding regularly scheduled general election 
        for Federal office thereafter, the Director, in consultation 
        with the Election Assistance Commission, shall submit to the 
        Committee on House Administration of the House of 
        Representatives and the Committee on Rules and Administration 
        of the Senate a report on the activities carried out under the 
        Program and the amounts deposited into and paid from the Trust 
        Fund during the two most recent fiscal years.
    (e) Coverage Under Inspector General Act of 1978 for Conducting 
Audits and Investigations.--
            (1) In general.--Section 8G(a)(2) of the Inspector General 
        Act of 1978 (5 U.S.C. App.) is amended by inserting ``the 
        Office of Democracy Advancement and Innovation,'' after 
        ``Election Assistance Commission,''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect 180 days after the appointment of the 
        Director.
    (f) Coverage Under Hatch Act.--Clause (i) of section 7323(b)(2)(B) 
of title 5, United States Code, is amended--
            (1) by striking ``or'' at the end of subclause (XIII); and
            (2) by adding at the end the following new subclause:
                    ``(XV) the Office of Democracy Advancement and 
                Innovation; or''.
    (g) Regulations.--
            (1) In general.--Except as provided in paragraph (2), not 
        later than 270 days after the date of enactment of this Act, 
        the Director shall promulgate such rules and regulations as the 
        Director considers necessary and appropriate to carry out the 
        duties of the Office under this Act and the amendments made by 
        this Act.
            (2) State plan submission and approval and distribution of 
        funds.--Not later than 90 days after the date of the enactment 
        of this Act, the Director shall promulgate such rules and 
        regulations as the Director considers necessary and appropriate 
        to carry out the requirements of this title and the amendments 
        made by this title.
            (3) Comments by the election assistance commission.--The 
        Election Assistance Commission shall timely submit comments 
        with respect to any proposed regulations promulgated by the 
        Director under this subsection.
    (h) Interim Authority Pending Appointment and Confirmation of 
Director.--
            (1) Authority of director of office of management and 
        budget.--Notwithstanding subsection (b), during the transition 
        period, the Director of the Office of Management and Budget is 
        authorized to perform the functions of the Office under this 
        Act, and shall act for all purposes as, and with the full 
        powers of, the Director.
            (2) Interim administrative services.--
                    (A) Authority of office of management and budget.--
                During the transition period, the Director of the 
                Office of Management and Budget may provide 
                administrative services necessary to support the 
                Office.
                    (B) Termination of authority; permitting 
                extension.--The Director of the Office of Management 
                and Budget shall cease providing interim administrative 
                services under this paragraph upon the expiration of 
                the transition period, except that the Director of the 
                Office of Management and Budget may continue to provide 
                such services after the expiration of the transition 
                period if the Director and the Director of the Office 
                of Management and Budget jointly transmit to the 
                Committee on House Administration of the House of 
                Representatives and the Committee on Rules and 
                Administration of the Senate--
                            (i) a written determination that an orderly 
                        implementation of this Act is not feasible by 
                        the expiration of the transition period;
                            (ii) an explanation of why an extension is 
                        necessary for the orderly implementation of 
                        this Act;
                            (iii) a description of the period during 
                        which the Director of the Office of Management 
                        and Budget shall continue providing services 
                        under the authority of this subparagraph; and
                            (iv) a description of the steps that will 
                        be taken to ensure an orderly and timely 
                        implementation of this Act during the period 
                        described in clause (iii).
            (3) Transition period defined.--In this subsection, the 
        ``transition period'' is the period which begins on the date of 
        the enactment of this Act and ends on the date on which the 
        first Director is appointed.
            (4) Limit on length of period of interim authorities.--
        Notwithstanding any other provision of this subsection, the 
        Director of the Office of Management and Budget may not 
        exercise any authority under this subsection after the 
        expiration of the 24-month period which begins on the date of 
        the enactment of this Act.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated from the Trust Fund such sums as may be necessary to carry 
out the activities of the Office for fiscal year 2023 and each 
succeeding fiscal year.

     TITLE II--STATE ELECTION ASSISTANCE AND INNOVATION TRUST FUND

SEC. 201. STATE ELECTION ASSISTANCE AND INNOVATION TRUST FUND.

    (a) Establishment.--There is established in the Treasury a fund to 
be known as the ``State Election Assistance and Innovation Trust 
Fund''.
    (b) Contents.--There is hereby appropriated to the Trust Fund 
$2,000,000,000 for each of fiscal years 2023 through 2032.
    (c) Use of Funds.--Amounts in the Trust Fund shall be used to make 
payments and allocations under the Program and to carry out the 
activities of the Office.
    (d) Acceptance of Gifts.--The Office may accept gifts or bequests 
for deposit into the Trust Fund.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) The term ``chief State election official'' has the 
        meaning given such term in section 253(e) of the Help America 
        Vote Act of 2002 (52 U.S.C. 21003(e)).
            (2) The term ``Director'' means the Director of the Office.
            (3) The term ``Indian lands'' includes--
                    (A) Indian country, 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.
            (4) The term ``Office'' means the Office of Democracy 
        Advancement and Innovation established under section 105.
            (5) The term ``Program'' means the Democracy Advancement 
        and Innovation Program established under section 101.
            (6) The term ``State'' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, 
        Guam, American Samoa, the United States Virgin Islands, and the 
        Commonwealth of the Northern Mariana Islands.
            (7) The term ``Trust Fund'' means the State Election 
        Assistance and Innovation Trust Fund established under section 
        201.

SEC. 302. RULE OF CONSTRUCTION REGARDING CALCULATION OF DEADLINES.

    (a) In General.--With respect to the calculation of any period of 
time for the purposes of a deadline in this Act, the last day of the 
period shall be included in such calculation, unless such day is a 
Saturday, a Sunday, or a legal public holiday, in which case the period 
of such deadline shall be extended until the end of the next day which 
is not a Saturday, a Sunday, a legal public holiday.
    (b) Legal Public Holiday Defined.--For the purposes of this 
section, the term ``legal public holiday'' means a day described in 
section 6103(a) of title 5, United States Code.

SEC. 303. 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 such Act 
and amendments made by such Act and the application of such provision 
or amendment to any other person or circumstance, shall not be affected 
by the holding.
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