Title: Freedom to Vote Act
Policy area: Government Operations and Politics

Summary:
Freedom to Vote Act
This bill addresses voter registration and voting access, election integrity and security, redistricting, and campaign finance.
Specifically, the bill expands voter registration (e.g., automatic and same-day registration) and voting access (e.g., vote-by-mail and early voting). It also limits removing voters from voter rolls.
Next, the bill establishes Election Day as a federal holiday.
The bill declares that the right of a U.S. citizen to vote in any election for federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless, at the time of the election, such individual is serving a felony sentence.
The bill establishes certain federal criminal offenses related to voting. In particular, the bill establishes a new criminal offense for conduct (or attempted conduct) to corruptly hinder, interfere with, or prevent another person from registering to vote or helping someone register to vote.
Additionally, the bill sets forth provisions related to election security, including by requiring states to conduct post-election audits for federal elections.
The bill outlines criteria for congressional redistricting and generally prohibits mid-decade redistricting.
The bill addresses campaign finance, including by expanding the prohibition on campaign spending by foreign nationals, requiring additional disclosure of campaign-related fundraising and spending, requiring additional disclaimers regarding certain political advertising, and establishing an alternative campaign funding system for certain federal offices.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2747 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 125
117th CONGRESS
  1st Session
                                S. 2747

To expand Americans' access to the ballot box and reduce the influence 
           of big money in politics, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 14, 2021

   Ms. Klobuchar (for herself, Mr. Kaine, Mr. King, Mr. Manchin, Mr. 
   Merkley, Mr. Padilla, Mr. Tester, and Mr. Warnock) introduced the 
             following bill; which was read the first time

                           September 15, 2021

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
To expand Americans' access to the ballot box and reduce the influence 
           of big money in politics, 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 ``Freedom to Vote Act''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into divisions as follows:
            (1) Division A--Voter Access.
            (2) Division B--Election Integrity.
            (3) Division C--Civic Participation and Empowerment.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Findings of general constitutional authority.
Sec. 4. Standards for judicial review.
                        DIVISION A--VOTER ACCESS

           TITLE I--ELECTION MODERNIZATION AND ADMINISTRATION

Sec. 1000. Short title; statement of policy.
              Subtitle A--Voter Registration Modernization

Sec. 1000A. Short title.
                  PART 1--Automatic Voter Registration

Sec. 1001. Short title; findings and purpose.
Sec. 1002. Automatic registration of eligible individuals.
Sec. 1003. Voter protection and security in automatic registration.
Sec. 1004. Payments and grants.
Sec. 1005. Miscellaneous provisions.
Sec. 1006. Definitions.
Sec. 1007. Effective date.
              PART 2--Election Day as Legal Public Holiday

Sec. 1011. Election day as legal public holiday.
                PART 3--Promoting Internet Registration

Sec. 1021. Requiring availability of internet for voter registration.
Sec. 1022. Use of internet to update registration information.
Sec. 1023. Provision of election information by electronic mail to 
                            individuals registered to vote.
Sec. 1024. Clarification of requirement regarding necessary information 
                            to show eligibility to vote.
Sec. 1025. Prohibiting State from requiring applicants to provide more 
                            than last 4 digits of social security 
                            number.
Sec. 1026. Application of rules to certain exempt States.
Sec. 1027. Report on data collection relating to online voter 
                            registration systems.
Sec. 1028. Permitting voter registration application form to serve as 
                            application for absentee ballot.
Sec. 1029. Effective date.
                  PART 4--Same Day Voter Registration

Sec. 1031. Same day registration.
Sec. 1032. Ensuring pre-election registration deadlines are consistent 
                            with timing of legal public holidays.
 PART 5--Streamline Voter Registration Information, Access, and Privacy

Sec. 1041. Authorizing the dissemination of voter registration 
                            information displays following 
                            naturalization ceremonies.
Sec. 1042. Inclusion of voter registration information with certain 
                            leases and vouchers for federally assisted 
                            rental housing and mortgage applications.
Sec. 1043. Acceptance of voter registration applications from 
                            individuals under 18 years of age.
Sec. 1044. Requiring states to establish and operate voter privacy 
                            programs.
            PART 6--Funding Support to States for Compliance

Sec. 1051. Availability of requirements payments under HAVA to cover 
                            costs of compliance with new requirements.
     Subtitle B--Access to Voting for Individuals With Disabilities

Sec. 1101. Requirements for States to promote access to voter 
                            registration and voting for individuals 
                            with disabilities.
Sec. 1102. Establishment and maintenance of State accessible election 
                            websites.
Sec. 1103. Protections for in-person voting for individuals with 
                            disabilities and older individuals.
Sec. 1104. Protections for individuals subject to guardianship.
Sec. 1105. Expansion and reauthorization of grant program to assure 
                            voting access for individuals with 
                            disabilities.
Sec. 1106. Funding for protection and advocacy systems.
Sec. 1107. Pilot programs for enabling individuals with disabilities to 
                            register to vote privately and 
                            independently at residences.
Sec. 1108. GAO analysis and report on voting access for individuals 
                            with disabilities.
                        Subtitle C--Early Voting

Sec. 1201. Early voting.
                       Subtitle D--Voting by Mail

Sec. 1301. Voting by mail.
Sec. 1302. Balloting materials tracking program.
Sec. 1303. Election mail and delivery improvements.
Sec. 1304. Carriage of election mail.
Sec. 1305. Requiring States to provide secured drop boxes for voted 
                            ballots in elections for Federal office.
    Subtitle E--Absent Uniformed Services Voters and Overseas Voters

Sec. 1401. Pre-election reports on availability and transmission of 
                            absentee ballots.
Sec. 1402. Enforcement.
Sec. 1403. Transmission requirements; repeal of waiver provision.
Sec. 1404. Use of single absentee ballot application for subsequent 
                            elections.
Sec. 1405. Extending guarantee of residency for voting purposes to 
                            family members of absent military 
                            personnel.
Sec. 1406. Technical clarifications to conform to Military and Overseas 
                            Voter Empowerment Act amendments related to 
                            the federal write-in absentee ballot.
Sec. 1407. Treatment of post card registration requests.
Sec. 1408. Presidential designee report on voter disenfranchisement.
Sec. 1409. Effective date.
                 Subtitle F--Enhancement of Enforcement

Sec. 1501. Enhancement of enforcement of Help America Vote Act of 2002.
  Subtitle G--Promoting Voter Access Through Election Administration 
                       Modernization Improvements

                     PART 1--Promoting Voter Access

Sec. 1601. Minimum notification requirements for voters affected by 
                            polling place changes.
Sec. 1602. Accommodations for voters residing in Indian lands.
Sec. 1603. Applicability to Commonwealth of the Northern Mariana 
                            Islands.
Sec. 1604. Elimination of 14-day time period between general election 
                            and runoff election for Federal elections 
                            in the Virgin Islands and Guam.
Sec. 1605. Application of Federal election administration laws to 
                            territories of the United States.
Sec. 1606. Application of Federal voter protection laws to territories 
                            of the United States.
Sec. 1607. Ensuring equitable and efficient operation of polling 
                            places.
Sec. 1608. Prohibiting States from restricting curbside voting.
  PART 2--Improvements in Operation of Election Assistance Commission

Sec. 1611. Reauthorization of Election Assistance Commission.
Sec. 1612. Recommendations to improve operations of Election Assistance 
                            Commission.
Sec. 1613. Repeal of exemption of Election Assistance Commission from 
                            certain government contracting 
                            requirements.
                    PART 3--Miscellaneous Provisions

Sec. 1621. Definition of election for Federal office.
Sec. 1622. No effect on other laws.
Sec. 1623. Clarification of exemption for States without voter 
                            registration.
Sec. 1624. Clarification of exemption for States which do not collect 
                            telephone information.
                   Subtitle H--Democracy Restoration

Sec. 1701. Short title.
Sec. 1702. Findings.
Sec. 1703. Rights of citizens.
Sec. 1704. Enforcement.
Sec. 1705. Notification of restoration of voting rights.
Sec. 1706. Definitions.
Sec. 1707. Relation to other laws.
Sec. 1708. Federal prison funds.
Sec. 1709. Effective date.
      Subtitle I--Voter Identification and Allowable Alternatives

Sec. 1801. Requirements for voter identification.
             Subtitle J--Voter List Maintenance Procedures

                    PART 1--Voter Caging Prohibited

Sec. 1901. Voter caging prohibited.
           PART 2--Saving Eligible Voters From Voter Purging

Sec. 1911. Conditions for removal of voters from list of registered 
                            voters.
                        Subtitle K--Severability

Sec. 1921. Severability.
                     DIVISION B--ELECTION INTEGRITY

       TITLE II--PROHIBITING INTERFERENCE WITH VOTER REGISTRATION

Sec. 2001. Prohibiting hindering, interfering with, or preventing voter 
                            registration.
Sec. 2002. Establishment of best practices.
               TITLE III--PREVENTING ELECTION SUBVERSION

     Subtitle A--Restrictions on Removal of Election Administrators

Sec. 3001. Restrictions on removal of local election administrators in 
                            administration of elections for Federal 
                            office.
         Subtitle B--Increased Protections for Election Workers

Sec. 3101. Harassment of election workers prohibited.
Sec. 3102. Protection of election workers.
   Subtitle C--Prohibiting Deceptive Practices and Preventing Voter 
                              Intimidation

Sec. 3201. Short title.
Sec. 3202. Prohibition on deceptive practices in Federal elections.
Sec. 3203. Corrective action.
Sec. 3204. Reports to Congress.
Sec. 3205. Private rights of action by election officials.
Sec. 3206. Making intimidation of tabulation, canvas, and certification 
                            efforts a crime.
  Subtitle D--Protection of Election Records & Election Infrastructure

Sec. 3301. Strengthen protections for Federal election records.
Sec. 3302. Penalties; inspection; nondisclosure; jurisdiction.
Sec. 3303. Judicial review to ensure compliance.
 Subtitle E--Judicial Protection of the Right to Vote and Non-partisan 
                            Vote Tabulation

Sec. 3401. Undue burdens on the ability to vote in elections for 
                            federal office prohibited.
Sec. 3402. Judicial review.
Sec. 3403. Definitions.
Sec. 3404. Rules of construction.
Sec. 3405. Severability.
Sec. 3406. Effective date.
            Subtitle F--Poll Worker Recruitment and Training

Sec. 3501. Grants to States for poll worker recruitment and training.
Sec. 3502. State defined.
           Subtitle G--Preventing Poll Observer Interference

Sec. 3601. Protections for voters on Election Day.
       Subtitle H--Preventing Restrictions on Food and Beverages

Sec. 3701. Findings.
Sec. 3702. Prohibiting restrictions on donations of food and beverages 
                            at polling stations.
 Subtitle I--Establishing Duty to Report Foreign Election Interference

Sec. 3801. Findings relating to illicit money undermining our 
                            democracy.
Sec. 3802. Federal campaign reporting of foreign contacts.
Sec. 3803. Federal campaign foreign contact reporting compliance 
                            system.
Sec. 3804. Criminal penalties.
Sec. 3805. Report to congressional intelligence committees.
Sec. 3806. Rule of construction.
 Subtitle J--Promoting Accuracy, Integrity, and Security Through Voter-
                   Verifiable Permanent Paper Ballot

Sec. 3901. Short title.
Sec. 3902. Paper ballot and manual counting requirements.
Sec. 3903. Accessibility and ballot verification for individuals with 
                            disabilities.
Sec. 3904. Durability and readability requirements for ballots.
Sec. 3905. Study and report on optimal ballot design.
Sec. 3906. Ballot marking device cybersecurity requirements.
Sec. 3907. Effective date for new requirements.
Sec. 3908. Grants for obtaining compliant paper ballot voting systems 
                            and carrying out voting system security 
                            improvements.
                    Subtitle K--Provisional Ballots

Sec. 3911. Requirements for counting provisional ballots; establishment 
                            of uniform and nondiscriminatory standards.
                    TITLE IV--VOTING SYSTEM SECURITY

Sec. 4001. Post-election audit requirement.
Sec. 4002. Election infrastructure designation.
Sec. 4003. Guidelines and certification for electronic poll books and 
                            remote ballot marking systems.
Sec. 4004. Pre-election reports on voting system usage.
Sec. 4005. Use of voting machines manufactured in the United States.
Sec. 4006. Severability.
            DIVISION C--CIVIC PARTICIPATION AND EMPOWERMENT

               TITLE V--NONPARTISAN REDISTRICTING REFORM

Sec. 5001. Finding of constitutional authority.
Sec. 5002. Ban on mid-decade redistricting.
Sec. 5003. Criteria for redistricting.
Sec. 5004. Development of plan.
Sec. 5005. Failure by State to enact plan.
Sec. 5006. Civil enforcement.
Sec. 5007. No effect on elections for State and local office.
Sec. 5008. Effective date.
                TITLE VI--CAMPAIGN FINANCE TRANSPARENCY

                        Subtitle A--DISCLOSE Act

Sec. 6001. Short title.
  PART 1--Closing Loopholes Allowing Spending by Foreign Nationals in 
                               Elections

Sec. 6002. Clarification of application of foreign money ban to certain 
                            disbursements and activities.
Sec. 6003. Audit and report on illicit foreign money in Federal 
                            elections.
Sec. 6004. Prohibition on contributions and donations by foreign 
                            nationals in connection with ballot 
                            initiatives and referenda.
Sec. 6005. Disbursements and activities subject to foreign money ban.
Sec. 6006. Prohibiting establishment of corporation to conceal election 
                            contributions and donations by foreign 
                            nationals.
          PART 2--Reporting of Campaign-Related Disbursements

Sec. 6011. Reporting of campaign-related disbursements.
Sec. 6012. Reporting of Federal judicial nomination disbursements.
Sec. 6013. Coordination with FinCEN.
Sec. 6014. Application of foreign money ban to disbursements for 
                            campaign-related disbursements consisting 
                            of covered transfers.
Sec. 6015. Effective date.
                  PART 3--Other Administrative Reforms

Sec. 6021. Petition for certiorari.
Sec. 6022. Judicial review of actions related to campaign finance laws.
                         Subtitle B--Honest Ads

Sec. 6101. Short title.
Sec. 6102. Purpose.
Sec. 6103. Findings.
Sec. 6104. Sense of Congress.
Sec. 6105. Expansion of definition of public communication.
Sec. 6106. Expansion of definition of electioneering communication.
Sec. 6107. Application of disclaimer statements to online 
                            communications.
Sec. 6108. Political record requirements for online platforms.
Sec. 6109. Preventing contributions, expenditures, independent 
                            expenditures, and disbursements for 
                            electioneering communications by foreign 
                            nationals in the form of online 
                            advertising.
Sec. 6110. Requiring online platforms to display notices identifying 
                            sponsors of political advertisements and to 
                            ensure notices continue to be present when 
                            advertisements are shared.
                       Subtitle C--Spotlight Act

Sec. 6201. Short title.
Sec. 6202. Inclusion of contributor information on annual returns of 
                            certain organizations.
                 TITLE VII--CAMPAIGN FINANCE OVERSIGHT

         Subtitle A--Stopping Super PAC-Candidate Coordination

Sec. 7001. Short title.
Sec. 7002. Clarification of treatment of coordinated expenditures as 
                            contributions to candidates.
Sec. 7003. Clarification of ban on fundraising for super PACs by 
                            Federal candidates and officeholders.
         Subtitle B--Restoring Integrity to America's Elections

Sec. 7101. Short title.
Sec. 7102. Revision to enforcement process.
Sec. 7103. Acting general counsel.
Sec. 7104. Permitting appearance at hearings on requests for advisory 
                            opinions by persons opposing the requests.
Sec. 7105. Permanent extension of administrative penalty authority.
Sec. 7106. Restrictions on ex parte communications.
Sec. 7107. Clarifying authority of FEC attorneys to represent FEC in 
                            Supreme Court.
Sec. 7108. Requiring forms to permit use of accent marks.
Sec. 7109. Extension of the statutes of limitations for offenses under 
                            the Federal Election Campaign Act of 1971.
Sec. 7110. Effective date; transition.
                    TITLE VIII--CITIZEN EMPOWERMENT

                Subtitle A--Funding to Promote Democracy

               PART 1--Payments and Allocations to States

Sec. 8001. State Democracy Promotion Program.
Sec. 8002. State plan.
Sec. 8003. Prohibiting reduction in access to participation in 
                            elections.
Sec. 8004. Amount of State allocation.
Sec. 8005. Procedures for disbursements of payments and allocations.
Sec. 8006. Office of State Democracy Promotion.
      PART 2--State Election Assistance and Innovation Trust Fund

Sec. 8011. State Election Assistance and Innovation Trust Fund.
Sec. 8012. Uses of Fund.
Sec. 8013. Assessments against fines and penalties.
Sec. 8014. Transfer of balance of Presidential Election Campaign Fund.
                       PART 3--General Provisions

Sec. 8021. Definitions.
Sec. 8022. Rule of construction regarding calculation of deadlines.
           Subtitle B--Elections for House of Representatives

Sec. 8101. Short title.
               PART 1--Optional Democracy Credit Program

Sec. 8102. Establishment of program.
Sec. 8103. Credit program described.
Sec. 8104. Reports.
Sec. 8105. Election cycle defined.
   PART 2--Optional Small Dollar Financing of Elections for House of 
                            Representatives

Sec. 8111. Benefits and eligibility requirements for candidates.
Sec. 8112. Contributions and expenditures by multicandidate and 
                            political party committees on behalf of 
                            participating candidates.
Sec. 8113. Prohibiting use of contributions by participating candidates 
                            for purposes other than campaign for 
                            election.
Sec. 8114. Deadline for regulations.
 Subtitle C--Personal Use Services as Authorized Campaign Expenditures

Sec. 8201. Short title; findings; purpose.
Sec. 8202. Treatment of payments for child care and other personal use 
                            services as authorized campaign 
                            expenditure.
             Subtitle D--Empowering Small Dollar Donations

Sec. 8301. Permitting political party committees to provide enhanced 
                            support for candidates through use of 
                            separate small dollar accounts.
                        Subtitle E--Severability

Sec. 8401. Severability.

SEC. 3. FINDINGS OF GENERAL CONSTITUTIONAL AUTHORITY.

    Congress finds that the Constitution of the United States grants 
explicit and broad authority to protect the right to vote, to regulate 
elections for Federal office, to prevent and remedy discrimination in 
voting, and to defend the Nation's democratic process. Congress enacts 
the Freedom to Vote Act pursuant to this broad authority, including but 
not limited to the following:
            (1) Congress finds that it has broad authority to regulate 
        the time, place, and manner of congressional elections under 
        the Elections Clause of the Constitution, article I, section 4, 
        clause 1. The Supreme Court has affirmed that the ``substantive 
        scope'' of the Elections Clause is ``broad''; that ``Times, 
        Places, and Manner'' are ``comprehensive words which embrace 
        authority to provide for a complete code for congressional 
        elections''; and ``[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''. Arizona v. Inter Tribal Council of 
        Arizona, 570 U.S. 1, 8-9 (2013) (internal quotation marks and 
        citations omitted). Indeed, ``Congress has plenary and 
        paramount jurisdiction over the whole subject'' of 
        congressional elections, Ex parte Siebold, 100 U.S. (10 Otto) 
        371, 388 (1879), and this power ``may be exercised as and when 
        Congress sees fit'', and ``so far as it extends and conflicts 
        with the regulations of the State, necessarily supersedes 
        them''. Id. at 384. Among other things, Congress finds that the 
        Elections Clause was intended to ``vindicate the people's right 
        to equality of representation in the House''. Wesberry v. 
        Sanders, 376 U.S. 1, 16 (1964), and to address partisan 
        gerrymandering, Rucho v. Common Cause, 139 S. Ct. 2484 (2019).
            (2) Congress also finds that it has both the authority and 
        responsibility, as the legislative body for the United States, 
        to fulfill the promise of article IV, section 4, of the 
        Constitution, which states: ``The United States shall guarantee 
        to every State in this Union a Republican Form of 
        Government[.]''. Congress finds that its authority and 
        responsibility to enforce the Guarantee Clause is clear given 
        that Federal courts have not enforced this clause because they 
        understood that its enforcement is committed to Congress by the 
        Constitution.
            (3)(A) Congress also finds that it has broad authority 
        pursuant to section 5 of the Fourteenth Amendment to legislate 
        to enforce the provisions of the Fourteenth Amendment, 
        including its protections of the right to vote and the 
        democratic process.
            (B) Section 1 of the Fourteenth Amendment protects the 
        fundamental right to vote, which is ``of the most fundamental 
        significance under our constitutional structure''. Ill. Bd. of 
        Election v. Socialist Workers Party, 440 U.S. 173, 184 (1979); 
        see United States v.  Classic, 313 U.S. 299 (1941) (``Obviously 
        included within the right to choose, secured by the 
        Constitution, is the right of qualified voters within a state 
        to cast their ballots and have them counted . . .''). As the 
        Supreme Court has repeatedly affirmed, the right to vote is 
        ``preservative of all rights'', Yick Wo v. Hopkins, 118 U.S. 
        356, 370 (1886). Section 2 of the Fourteenth Amendment also 
        protects the right to vote, granting Congress additional 
        authority to reduce a State's representation in Congress when 
        the right to vote is abridged or denied.
            (C) As a result, Congress finds that it has the authority 
        pursuant to section 5 of the Fourteenth Amendment to protect 
        the right to vote. Congress also finds that States and 
        localities have eroded access to the right to vote through 
        restrictions on the right to vote including excessively onerous 
        voter identification requirements, burdensome voter 
        registration procedures, voter purges, limited and unequal 
        access to voting by mail, polling place closures, unequal 
        distribution of election resources, and other impediments.
            (D) Congress also finds that ``the right of suffrage can be 
        denied by a debasement or dilution of the weight of a citizen's 
        vote just as effectively as by wholly prohibiting the free 
        exercise of the franchise''. Reynolds v. Sims, 377 U.S. 533, 
        555 (1964). Congress finds that the right of suffrage has been 
        so diluted and debased by means of gerrymandering of districts. 
        Congress finds that it has authority pursuant to section 5 of 
        the Fourteenth Amendment to remedy this debasement.
            (4)(A) Congress also finds that it has authority to 
        legislate to eliminate racial discrimination in voting and the 
        democratic process pursuant to both section 5 of the Fourteenth 
        Amendment, which grants equal protection of the laws, and 
        section 2 of the Fifteenth Amendment, which explicitly bars 
        denial or abridgment of the right to vote on account of race, 
        color, or previous condition of servitude.
            (B) Congress finds that racial discrimination in access to 
        voting and the political process persists. Voting restrictions, 
        redistricting, and other electoral practices and processes 
        continue to disproportionately impact communities of color in 
        the United States and do so as a result of both intentional 
        racial discrimination, structural racism, and the ongoing 
        structural socioeconomic effects of historical racial 
        discrimination.
            (C) Recent elections and studies have shown that minority 
        communities wait longer in lines to vote, are more likely to 
        have their mail ballots rejected, continue to face intimidation 
        at the polls, are more likely to be disenfranchised by voter 
        purges, and are disproportionately burdened by excessively 
        onerous voter identification and other voter restrictions. 
        Research shows that communities of color are more likely to 
        face nearly every barrier to voting than their white 
        counterparts.
            (D) Congress finds that racial disparities in 
        disenfranchisement due to past felony convictions is 
        particularly stark. In 2020, according to the Sentencing 
        Project, an estimated 5,200,000 Americans could not vote due to 
        a felony conviction. One in 16 African Americans of voting age 
        is disenfranchised, a rate 3.7 times greater than that of non-
        African Americans. In seven States--Alabama, Florida, Kentucky, 
        Mississippi, Tennessee, Virginia, and Wyoming--more than one in 
        seven African Americans is disenfranchised, twice the national 
        average for African Americans. Congress finds that felony 
        disenfranchisement was one of the tools of intentional racial 
        discrimination during the Jim Crow era. Congress further finds 
        that current racial disparities in felony disenfranchisement 
        are linked to this history of voter suppression, structural 
        racism in the criminal justice system, and ongoing effects of 
        historical discrimination.
            (5)(A) Congress finds that it further has the power to 
        protect the right to vote from denial or abridgment on account 
        of sex, age, or ability to pay a poll tax or other tax pursuant 
        to the Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments.
            (B) Congress finds that electoral practices including 
        voting rights restoration conditions for people with 
        convictions and other restrictions to the franchise burden 
        voters on account of their ability to pay.
            (C) Congress further finds that electoral practices 
        including voting restrictions related to college campuses, age 
        restrictions on mail voting, and similar practices burden the 
        right to vote on account of age.

SEC. 4. STANDARDS FOR JUDICIAL REVIEW.

    (a) In General.--For any action brought for declaratory or 
injunctive relief to challenge, whether facially or as-applied, the 
constitutionality or lawfulness of any provision of this Act or any 
amendment made by this Act or any rule or regulation promulgated under 
this Act, the following rules shall apply:
            (1) The action shall be filed in the United States District 
        Court for the District of Columbia and an appeal from the 
        decision of the district court may be taken to the Court of 
        Appeals for the District of Columbia Circuit. These courts, and 
        the Supreme Court of the United States on a writ of certiorari 
        (if such writ is issued), shall have exclusive jurisdiction to 
        hear such actions.
            (2) The party filing the action shall concurrently deliver 
        a copy the complaint to the Clerk of the House of 
        Representatives and the Secretary of the Senate.
            (3) It shall be the duty of the United States District 
        Court for the District of Columbia and the Court of Appeals for 
        the District of Columbia Circuit to advance on the docket and 
        to expedite to the greatest possible extent the disposition of 
        the action and appeal.
    (b) Clarifying Scope of Jurisdiction.--If an action at the time of 
its commencement is not subject to subsection (a), but an amendment, 
counterclaim, cross-claim, affirmative defense, or any other pleading 
or motion is filed challenging, whether facially or as-applied, the 
constitutionality or lawfulness of this Act or any amendment made by 
this Act or any rule or regulation promulgated under this Act, the 
district court shall transfer the action to the District Court for the 
District of Columbia, and the action shall thereafter be conducted 
pursuant to subsection (a).
    (c) Intervention by Members of Congress.--In any action described 
in subsection (a), any Member of the House of Representatives 
(including a Delegate or Resident Commissioner to the Congress) or 
Senate shall have the right to intervene either in support of or 
opposition to the position of a party to the case regarding the 
constitutionality of the provision. To avoid duplication of efforts and 
reduce the burdens placed on the parties to the action, the court in 
any such action may make such orders as it considers necessary, 
including orders to require interveners taking similar positions to 
file joint papers or to be represented by a single attorney at oral 
argument.

                        DIVISION A--VOTER ACCESS

           TITLE I--ELECTION MODERNIZATION AND ADMINISTRATION

SEC. 1000. SHORT TITLE; STATEMENT OF POLICY.

    (a) Short Title.--This title may be cited as the ``Voter 
Empowerment Act of 2021''.
    (b) Statement of Policy.--It is the policy of the United States 
that--
            (1) the ability of all eligible citizens of the United 
        States to access and exercise their constitutional right to 
        vote in a free, fair, and timely manner must be vigilantly 
        enhanced, protected, and maintained; and
            (2) the integrity, security, and accountability of the 
        voting process must be vigilantly protected, maintained, and 
        enhanced in order to protect and preserve electoral and 
        participatory democracy in the United States.

              Subtitle A--Voter Registration Modernization

SEC. 1000A. SHORT TITLE.

    This subtitle may be cited as the ``Voter Registration 
Modernization Act of 2021''.

                  PART 1--AUTOMATIC VOTER REGISTRATION

SEC. 1001. SHORT TITLE; FINDINGS AND PURPOSE.

    (a) Short Title.--This part may be cited as the ``Automatic Voter 
Registration Act of 2021''.
    (b) Findings and Purpose.--
            (1) Findings.--Congress finds that--
                    (A) the right to vote is a fundamental right of 
                citizens of the United States;
                    (B) it is the responsibility of the State and 
                Federal Governments to ensure that every eligible 
                citizen is registered to vote;
                    (C) existing voter registration systems can be 
                inaccurate, costly, inaccessible and confusing, with 
                damaging effects on voter participation in elections 
                for Federal office and disproportionate impacts on 
                young people, persons with disabilities, and racial and 
                ethnic minorities; and
                    (D) voter registration systems must be updated with 
                21st Century technologies and procedures to maintain 
                their security.
            (2) Purpose.--It is the purpose of this part--
                    (A) to establish that it is the responsibility of 
                government to ensure that all eligible citizens are 
                registered to vote in elections for Federal office;
                    (B) to enable the State Governments to register all 
                eligible citizens to vote with accurate, cost-
                efficient, and up-to-date procedures;
                    (C) to modernize voter registration and list 
                maintenance procedures with electronic and internet 
                capabilities; and
                    (D) to protect and enhance the integrity, accuracy, 
                efficiency, and accessibility of the electoral process 
                for all eligible citizens.

SEC. 1002. AUTOMATIC REGISTRATION OF ELIGIBLE INDIVIDUALS.

    (a) In General.--The National Voter Registration Act of 1993 (52 
U.S.C. 20504) is amended by inserting after section 5 the following new 
section:

``SEC. 5A. AUTOMATIC REGISTRATION BY STATE MOTOR VEHICLE AUTHORITY.

    ``(a) Definitions.--In this section--
            ``(1) Applicable agency.--The term `applicable agency' 
        means, with respect to a State, the State motor vehicle 
        authority responsible for motor vehicle driver's licenses under 
        State law.
            ``(2) Applicable transaction.--The term `applicable 
        transaction' means--
                    ``(A) an application to an applicable agency for a 
                motor vehicle driver's license; and
                    ``(B) any other service or assistance (including 
                for a change of address) provided by an applicable 
                agency.
            ``(3) Automatic registration.--The term `automatic 
        registration' means a system that registers an individual to 
        vote in elections for Federal office in a State, if eligible, 
        by electronically transferring the information necessary for 
        registration from the applicable agency to election officials 
        of the State so that, unless the individual affirmatively 
        declines to be registered or to update any voter registration, 
        the individual will be registered to vote in such elections.
            ``(4) Eligible individual.--The term `eligible individual' 
        means, with respect to an election for Federal office, an 
        individual who is otherwise qualified to vote in that election.
            ``(5) Register to vote.--The term `register to vote' 
        includes updating an individual's existing voter registration.
    ``(b) Establishment.--
            ``(1) In general.--The chief State election official of 
        each State shall establish and operate a system of automatic 
        registration for the registration of eligible individuals to 
        vote for elections for Federal office in the State, in 
        accordance with the provisions of this section.
            ``(2) Registration of voters based on new agency records.--
                    ``(A) In general.--The chief State election 
                official shall--
                            ``(i) subject to subparagraph (B), ensure 
                        that each eligible individual who completes an 
                        applicable transaction and does not decline to 
                        register to vote is registered to vote--
                                    ``(I) in the next upcoming election 
                                for Federal office (and subsequent 
                                elections for Federal office), if an 
                                applicable agency transmits information 
                                under subsection (c)(1)(E) with respect 
                                to the individual not later than the 
                                applicable date; and
                                    ``(II) in subsequent elections for 
                                Federal office, if an applicable agency 
                                transmits such information with respect 
                                to such individual after the applicable 
                                date; and
                            ``(ii) not later than 60 days after the 
                        receipt of such information with respect to an 
                        individual, send written notice to the 
                        individual, in addition to other means of 
                        notice established by this part, of the 
                        individual's voter registration status.
                    ``(B) Applicable date.--For purposes of this 
                subsection, the term ``applicable date'' means, with 
                respect to any election for Federal office, the later 
                of--
                            ``(i) the date that is 28 days before the 
                        date of the election; or
                            ``(ii) the last day of the period provided 
                        by State law for registration with respect to 
                        such election.
                    ``(C) Clarification.--Nothing in this subsection 
                shall prevent the chief State election official from 
                registering an eligible individual to vote for the next 
                upcoming election for Federal office in the State even 
                if an applicable agency transmits information under 
                subsection (c)(1)(E) with respect to the individual 
                after the applicable date.
            ``(3) Treatment of individuals under 18 years of age.--A 
        State may not refuse to treat an individual as an eligible 
        individual for purposes of this section on the grounds that the 
        individual is less than 18 years of age at the time an 
        applicable agency receives information with respect to the 
        individual, so long as the individual is at least 16 years of 
        age at such time. Nothing in the previous sentence may be 
        construed to require a State to permit an individual who is 
        under 18 years of age at the time of an election for Federal 
        office to vote in the election.
    ``(c) Applicable Agency Responsibilities.--
            ``(1) Instructions on automatic registration for agencies 
        collecting citizenship information.--
                    ``(A) In general.--Except as otherwise provided in 
                this section, in the case of any applicable transaction 
                for which applicable agency (in the normal course of 
                its operations) requests individuals to affirm United 
                States citizenship (either directly or as part of the 
                overall application for service or assistance or 
                enrollment), the applicable agency shall inform each 
                such individual who is a citizen of the United States 
                of the following:
                            ``(i) Unless that individual declines to 
                        register to vote, or is found ineligible to 
                        vote, the individual will be registered to vote 
                        or, if applicable, the individual's 
                        registration will be updated.
                            ``(ii) The substantive qualifications of an 
                        elector in the State as listed in the mail 
                        voter registration application form for 
                        elections for Federal office prescribed 
                        pursuant to section 9, the consequences of 
                        false registration, and the individual should 
                        decline to register if the individual does not 
                        meet all those qualifications.
                            ``(iii) In the case of a State in which 
                        affiliation or enrollment with a political 
                        party is required in order to participate in an 
                        election to select the party's candidate in an 
                        election for Federal office, the requirement 
                        that the individual must affiliate or enroll 
                        with a political party in order to participate 
                        in such an election.
                            ``(iv) Voter registration is voluntary, and 
                        neither registering nor declining to register 
                        to vote will in any way affect the availability 
                        of services or benefits, nor be used for other 
                        purposes.
                    ``(B) Individuals with limited english 
                proficiency.--In the case where the individual is a 
                member of a group that constitutes 3 percent or more of 
                the overall population within the State served by the 
                applicable agency as measured by the United States 
                Census and are limited English proficient, the 
                information described in clauses (i) through (iv) of 
                subparagraph (A) shall be provided in a language 
                understood by the individual.
                    ``(C) Clarification on procedures for ineligible 
                voters.--An applicable agency shall not provide an 
                individual who did not affirm United States 
                citizenship, or for whom the agency has conclusive 
                documentary evidence obtained through its normal course 
                of operations that the individual is not a United State 
                citizen, the opportunity to register to vote under 
                subparagraph (A).
                    ``(D) Opportunity to decline registration 
                required.--Except as otherwise provided in this 
                section, each applicable agency shall ensure that each 
                applicable transaction described in subparagraph (A) 
                with an eligible individual cannot be completed until 
                the individual is given the opportunity to decline to 
                be registered to vote. In the case where the individual 
                is a member of a group that constitutes 3 percent or 
                more of the overall population within the State served 
                by the applicable agency as measured by the United 
                States Census and are limited English proficient, such 
                opportunity shall be given in a language understood by 
                the individual.
                    ``(E) Information transmittal.--Not later than 10 
                days after an applicable transaction with an eligible 
                individual, if the individual did not decline to be 
                registered to vote, the applicable agency shall 
                electronically transmit to the appropriate State 
                election official the following information with 
                respect to the individual:
                            ``(i) The individual's given name(s) and 
                        surname(s).
                            ``(ii) The individual's date of birth.
                            ``(iii) The individual's residential 
                        address.
                            ``(iv) Information showing that the 
                        individual is a citizen of the United States.
                            ``(v) The date on which information 
                        pertaining to that individual was collected or 
                        last updated.
                            ``(vi) If available, the individual's 
                        signature in electronic form.
                            ``(vii) In the case of a State in which 
                        affiliation or enrollment with a political 
                        party is required in order to participate in an 
                        election to select the party's candidate in an 
                        election for Federal office, information 
                        regarding the individual's affiliation or 
                        enrollment with a political party, but only if 
                        the individual provides such information.
                            ``(viii) Any additional information listed 
                        in the mail voter registration application form 
                        for elections for Federal office prescribed 
                        pursuant to section 9 of the National Voter 
                        Registration Act of 1993, including any valid 
                        driver's license number or the last 4 digits of 
                        the individual's social security number, if the 
                        individual provided such information.
                    ``(F) Provision of information regarding 
                participation in primary elections.--In the case of a 
                State in which affiliation or enrollment with a 
                political party is required in order to participate in 
                an election to select the party's candidate in an 
                election for Federal office, if the information 
                transmitted under paragraph (E) with respect to an 
                individual does not include information regarding the 
                individual's affiliation or enrollment with a political 
                party, the chief State election official shall--
                            ``(i) notify the individual that such 
                        affiliation or enrollment is required to 
                        participate in primary elections; and
                            ``(ii) provide an opportunity for the 
                        individual to update their registration with a 
                        party affiliation or enrollment.
                    ``(G) Clarification.--Nothing in this section shall 
                be read to require an applicable agency to transmit to 
                an election official the information described in 
                subparagraph (E) for an individual who is ineligible to 
                vote in elections for Federal office in the State, 
                except to the extent required to pre-register citizens 
                between 16 and 18 years of age.
            ``(2) Alternate procedure for certain other applicable 
        agencies.--With each applicable transaction for which an 
        applicable agency in the normal course of its operations does 
        not request individuals to affirm United States citizenship 
        (either directly or as part of the overall application for 
        service or assistance), the applicable agency shall--
                    ``(A) complete the requirements of section 7(a)(6);
                    ``(B) ensure that each applicant's transaction with 
                the agency cannot be completed until the applicant has 
                indicated whether the applicant wishes to register to 
                vote or declines to register to vote in elections for 
                Federal office held in the State; and
                    ``(C) for each individual who wishes to register to 
                vote, transmit that individual's information in 
                accordance with subsection (c)(1)(E), unless the agency 
                has conclusive documentary evidence obtained through 
                its normal course of operations that the individual is 
                not a United States citizen.
            ``(3) Required availability of automatic registration 
        opportunity with each application for service or assistance.--
        Each applicable agency shall offer each eligible individual, 
        with each applicable transaction, the opportunity to register 
        to vote as prescribed by this section without regard to whether 
        the individual previously declined a registration opportunity.
    ``(d) Voter Protection.--
            ``(1) Applicable agencies' protection of information.--
        Nothing in this section authorizes an applicable agency to 
        collect, retain, transmit, or publicly disclose any of the 
        following, except as necessary to comply with title III of the 
        Civil Rights Act of 1960 (52 U.S.C. 20701 et seq.):
                    ``(A) An individual's decision to decline to 
                register to vote or not to register to vote.
                    ``(B) An individual's decision not to affirm his or 
                her citizenship.
                    ``(C) Any information that an applicable agency 
                transmits pursuant to subsection (c)(1)(E), except in 
                pursuing the agency's ordinary course of business.
            ``(2) Election officials' protection of information.--
                    ``(A) Public disclosure prohibited.--
                            ``(i) In general.--Subject to clause (ii), 
                        with respect to any individual for whom any 
                        State election official receives information 
                        from an applicable agency, the State election 
                        officials shall not publicly disclose any of 
                        the following:
                                    ``(I) Any information not necessary 
                                to voter registration.
                                    ``(II) Any voter information 
                                otherwise shielded from disclosure 
                                under State law or section 8(a).
                                    ``(III) Any portion of the 
                                individual's social security number.
                                    ``(IV) Any portion of the 
                                individual's motor vehicle driver's 
                                license number.
                                    ``(V) The individual's signature.
                                    ``(VI) The individual's telephone 
                                number.
                                    ``(VII) The individual's email 
                                address.
                            ``(ii) Special rule for individuals 
                        registered to vote.--The prohibition on public 
                        disclosure in clause (i) shall not apply with 
                        respect to the telephone number or email 
                        address of any individual for whom any State 
                        election official receives information from the 
                        applicable agency and who, on the basis of such 
                        information, is registered to vote in the State 
                        under this section.
    ``(e) Miscellaneous Provisions.--
            ``(1) Accessibility of registration services.--Each 
        applicable agency shall ensure that the services it provides 
        under this section are made available to individuals with 
        disabilities to the same extent as services are made available 
        to all other individuals.
            ``(2) Transmission through secure third party permitted.--
        Nothing in this section or in the Automatic Voter Registration 
        Act of 2021 shall be construed to prevent an applicable agency 
        from contracting with a third party to assist the agency in 
        meeting the information transmittal requirements of this 
        section, so long as the data transmittal complies with the 
        applicable requirements of this section and such Act, including 
        provisions relating privacy and security.
            ``(3) Nonpartisan, nondiscriminatory provision of 
        services.--The services made available by an applicable 
        agencies under this section shall be made in a manner 
        consistent with paragraphs (4), (5), and (6)(C) of section 
        7(a).
            ``(4) Notices.--Each State may send notices under this 
        section via electronic mail if the individual has provided an 
        electronic mail address and consented to electronic mail 
        communications for election-related materials. All notices sent 
        pursuant to this section that require a response must offer the 
        individual notified the opportunity to respond at no cost to 
        the individual.
            ``(5) Registration at other state offices permitted.--
        Nothing in this section may be construed to prohibit a State 
        from offering voter registration services described in this 
        section at offices of the State other than the State motor 
        vehicle authority.
    ``(f) Applicability.--
            ``(1) In general.--This section shall not apply to an 
        exempt State.
            ``(2) Exempt state defined.--The term `exempt State' means 
        a State which, under law which is in effect continuously on and 
        after the date of the enactment of this section, either--
                    ``(A) has no voter registration requirement for any 
                voter in the State with respect to a Federal election; 
                or
                    ``(B) operates a system of automatic registration 
                (as defined in section 1002(a)(2)) at the motor vehicle 
                authority of the State or a Permanent Dividend Fund of 
                the State under which an individual is provided the 
                opportunity to decline registration during the 
                transaction or by way of a notice sent by mail or 
                electronically after the transaction.''.
    (b) Conforming Amendments.--
            (1) Section 4(a) of the National Voter Registration Act of 
        1993 (52 U.S.C. 20503(a)(1)) is amended by redesignating 
        paragraphs (2) and (3) as paragraphs (3) and (4), respectively, 
        and by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) by application made simultaneously with an 
        application for a motor vehicle driver's license pursuant to 
        section 5A;.''.
            (2) Section 4(b) of the National Voter Registration Act of 
        1993 (52 U.S.C. 20503(b)) is amended--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively, and indenting 
                appropriately;
                    (B) by striking ``States.--This Act'' and inserting 
                ``States.--
            ``(1) In general.--Except as provided in paragraph (2), 
        this Act''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(2) Application of automatic registration requirements.--
        Section 5A shall apply to a State described in paragraph (1), 
        unless the State is an exempt State as defined in subsection 
        (f)(2) of such section.''.
            (3) Section 8(a)(1) of such Act (52 U.S.C. 20507(a)(1)) is 
        amended by redesignating subparagraphs (B), (C), and (D) as 
        subparagraphs (C), (D), and (E), respectively, and by inserting 
        after subparagraph (A) the following new subparagraph:
                    ``(B) in the case of registration under section 5A, 
                within the period provided in section 5A(b)(2);''.

SEC. 1003. VOTER PROTECTION AND SECURITY IN AUTOMATIC REGISTRATION.

    (a) Protections for Errors in Registration.--An individual shall 
not be prosecuted under any Federal or State law, adversely affected in 
any civil adjudication concerning immigration status or naturalization, 
or subject to an allegation in any legal proceeding that the individual 
is not a citizen of the United States on any of the following grounds:
            (1) The individual notified an election office of the 
        individual's automatic registration to vote.
            (2) The individual is not eligible to vote in elections for 
        Federal office but was registered to vote due to individual or 
        agency error.
            (3) The individual was automatically registered to vote at 
        an incorrect address.
            (4) The individual declined the opportunity to register to 
        vote or did not make an affirmation of citizenship, including 
        through automatic registration.
    (b) Limits on Use of Automatic Registration.--The automatic 
registration (within the meaning of section 5A of the National Voter 
Registration Act of 1993) of any individual or the fact that an 
individual declined the opportunity to register to vote or did not make 
an affirmation of citizenship (including through automatic 
registration) may not be used as evidence against that individual in 
any State or Federal law enforcement proceeding or any civil 
adjudication concerning immigration status or naturalization, and an 
individual's lack of knowledge or willfulness of such registration may 
be demonstrated by the individual's testimony alone.
    (c) Protection of Election Integrity.--Nothing in subsections (a) 
or (b) may be construed to prohibit or restrict any action under color 
of law against an individual who--
            (1) knowingly and willfully makes a false statement to 
        effectuate or perpetuate automatic voter registration by any 
        individual; or
            (2) casts a ballot knowingly and willfully in violation of 
        State law or the laws of the United States.
    (d) Election Officials' Protection of Information.--
            (1) Voter record changes.--Each State shall maintain for at 
        least 2 years and shall make available for public inspection 
        (and, where available, photocopying at a reasonable cost), 
        including in electronic form and through electronic methods, 
        all records of changes to voter records, including removals, 
        the reasons for removals, and updates.
            (2) Database management standards.--Not later than 1 year 
        after the date of the enactment of this Act, the Director of 
        the National Institute of Standards and Technology, in 
        consultation with State and local election officials and the 
        Election Assistance Commission, shall, after providing the 
        public with notice and the opportunity to comment--
                    (A) establish standards governing the comparison of 
                data for voter registration list maintenance purposes, 
                identifying as part of such standards the specific data 
                elements, the matching rules used, and how a State may 
                use the data to determine and deem that an individual 
                is ineligible under State law to vote in an election, 
                or to deem a record to be a duplicate or outdated;
                    (B) ensure that the standards developed pursuant to 
                this paragraph are uniform and nondiscriminatory and 
                are applied in a uniform and nondiscriminatory manner;
                    (C) not later than 45 days after the deadline for 
                public notice and comment, publish the standards 
                developed pursuant to this paragraph on the Director's 
                website and make those standards available in written 
                form upon request; and
                    (D) ensure that the standards developed pursuant to 
                this paragraph are maintained and updated in a manner 
                that reflects innovations and best practices in the 
                security of database management.
            (3) Security policy.--
                    (A) In general.--Not later than 1 year after the 
                date of the enactment of this Act, the Director of the 
                National Institute of Standards and Technology shall, 
                after providing the public with notice and the 
                opportunity to comment, publish privacy and security 
                standards for voter registration information not later 
                than 45 days after the deadline for public notice and 
                comment. The standards shall require the chief State 
                election official of each State to adopt a policy that 
                shall specify--
                            (i) each class of users who shall have 
                        authorized access to the computerized statewide 
                        voter registration list, specifying for each 
                        class the permission and levels of access to be 
                        granted, and setting forth other safeguards to 
                        protect the privacy, security, and accuracy of 
                        the information on the list; and
                            (ii) security safeguards to protect 
                        personal information transmitted through the 
                        information transmittal processes of section 
                        5A(b) of the National Voter Registration Act of 
                        1993, any telephone interface, the maintenance 
                        of the voter registration database, and any 
                        audit procedure to track access to the system.
                    (B) Maintenance and updating.--The Director shall 
                ensure that the standards developed pursuant to this 
                paragraph are maintained and updated in a manner that 
                reflects innovations and best practices in the privacy 
                and security of voter registration information.
            (4) State compliance with national standards.--
                    (A) Certification.--The chief State election 
                official of the State shall annually file with the 
                Election Assistance Commission a statement certifying 
                to the Director of the National Institute of Standards 
                and Technology that the State is in compliance with the 
                standards referred to in paragraphs (2) and (3). A 
                State may meet the requirement of the previous sentence 
                by filing with the Commission a statement which reads 
                as follows: ``_____ hereby certifies that it is in 
                compliance with the standards referred to in paragraphs 
                (2) and (3) of section 1003(d) of the Automatic Voter 
                Registration Act of 2021.'' (with the blank to be 
                filled in with the name of the State involved).
                    (B) Publication of policies and procedures.--The 
                chief State election official of a State shall publish 
                on the official's website the policies and procedures 
                established under this section, and shall make those 
                policies and procedures available in written form upon 
                public request.
                    (C) Funding dependent on certification.--If a State 
                does not timely file the certification required under 
                this paragraph, it shall not receive any payment under 
                this part for the upcoming fiscal year.
                    (D) Compliance of states that require changes to 
                state law.--In the case of a State that requires State 
                legislation to carry out an activity covered by any 
                certification submitted under this paragraph, for a 
                period of not more than 2 years the State shall be 
                permitted to make the certification notwithstanding 
                that the legislation has not been enacted at the time 
                the certification is submitted, and such State shall 
                submit an additional certification once such 
                legislation is enacted.
    (e) Restrictions on Use of Information.--No person acting under 
color of law may discriminate against any individual based on, or use 
for any purpose other than voter registration, election administration, 
juror selection, or enforcement relating to election crimes, any of the 
following:
            (1) Voter registration records.
            (2) An individual's declination to register to vote or 
        complete an affirmation of citizenship under section 5A of the 
        National Voter Registration Ac of 1993.
            (3) An individual's voter registration status.
    (f) Prohibition on the Use of Voter Registration Information for 
Commercial Purposes.--Information collected under this part or the 
amendments made by this part shall not be used for commercial purposes. 
Nothing in this subsection may be construed to prohibit the 
transmission, exchange, or dissemination of information for political 
purposes, including the support of campaigns for election for Federal, 
State, or local public office or the activities of political committees 
(including committees of political parties) under the Federal Election 
Campaign Act of 1971.

SEC. 1004. PAYMENTS AND GRANTS.

    (a) In General.--The Election Assistance Commission shall make 
grants to each eligible State to assist the State in implementing the 
requirements of this part and the amendments made by this part (or, in 
the case of an exempt State, in implementing its existing automatic 
voter registration program or expanding its automatic voter 
registration program in a manner consistent with the requirements of 
this part) with respect to the offices of the State motor vehicle 
authority and any other offices of the State at which the State offers 
voter registration services as described in this part and the 
amendments made by this part.
    (b) Eligibility; Application.--A State is eligible to receive a 
grant under this section if the State submits to the Commission, at 
such time and in such form as the Commission may require, an 
application containing--
            (1) a description of the activities the State will carry 
        out with the grant;
            (2) an assurance that the State shall carry out such 
        activities without partisan bias and without promoting any 
        particular point of view regarding any issue; and
            (3) such other information and assurances as the Commission 
        may require.
    (c) Amount of Grant; Priorities.--The Commission shall determine 
the amount of a grant made to an eligible State under this section. In 
determining the amounts of the grants, the Commission shall give 
priority to providing funds for those activities which are most likely 
to accelerate compliance with the requirements of this part (or, in the 
case of an exempt State, which are most likely to enhance the ability 
of the State to automatically register individuals to vote through its 
existing automatic voter registration program), including--
            (1) investments supporting electronic information transfer, 
        including electronic collection and transfer of signatures, 
        between applicable agencies (as defined in section 5A of the 
        National Voter Registration Act of 1993) and the appropriate 
        State election officials;
            (2) updates to online or electronic voter registration 
        systems already operating as of the date of the enactment of 
        this Act;
            (3) introduction of online voter registration systems in 
        jurisdictions in which those systems did not previously exist; 
        and
            (4) public education on the availability of new methods of 
        registering to vote, updating registration, and correcting 
        registration.
    (d) Exempt State.--For purposes of this section, the term ``exempt 
State'' has the meaning given such term under section 5A of the 
National Voter Registration Act of 1993, and also includes a State in 
which, under law which is in effect continuously on and after the date 
of the enactment of the National Voter Registration Act of 1993, there 
is no voter registration requirement for any voter in the State with 
respect to an election for Federal office.
    (e) Authorization of Appropriations.--
            (1) Authorization.--There are authorized to be appropriated 
        to carry out this section--
                    (A) $3,000,000,000 for fiscal year 2021; and
                    (B) such sums as may be necessary for each 
                succeeding fiscal year.
            (2) Continuing availability of funds.--Any amounts 
        appropriated pursuant to the authority of this subsection shall 
        remain available without fiscal year limitation until expended.

SEC. 1005. MISCELLANEOUS PROVISIONS.

    (a) Enforcement.--Section 11 of the National Voter Registration Act 
of 1993 (52 U.S.C. 20510), relating to civil enforcement and the 
availability of private rights of action, shall apply with respect to 
this part in the same manner as such section applies to such Act.
    (b) Relation to Other Laws.--Except as provided, nothing in this 
part or the amendments made by this part may be construed to authorize 
or require conduct prohibited under, or to supersede, restrict, or 
limit the application of any of the following:
            (1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et 
        seq.).
            (2) The Uniformed and Overseas Citizens Absentee Voting Act 
        (52 U.S.C. 20301 et seq.).
            (3) The National Voter Registration Act of 1993 (52 U.S.C. 
        20501 et seq.) (other than section 5A thereof).
            (4) The Help America Vote Act of 2002 (52 U.S.C. 20901 et 
        seq.).
            (5) The Americans with Disabilities Act of 1990 (42 U.S.C. 
        12101 et seq.).

SEC. 1006. DEFINITIONS.

    In this part, the following definitions apply:
            (1) 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.
            (2) The term ``Commission'' means the Election Assistance 
        Commission.
            (3) The term ``State'' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.

SEC. 1007. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this part 
and the amendments made by this part shall apply on and after January 
1, 2023.
    (b) Waiver.--If a State certifies to the Commission not later than 
January 1, 2023, that the State will not meet the deadline described in 
subsection (a) because it would be impracticable to do so and includes 
in the certification the reasons for the failure to meet such deadline, 
subsection (a) shall apply to the State as if the reference in such 
subsection to ``January 1, 2023'' were a reference to ``January 1, 
2025''.

              PART 2--ELECTION DAY AS LEGAL PUBLIC HOLIDAY

SEC. 1011. ELECTION DAY AS LEGAL PUBLIC HOLIDAY.

    (a) In General.--Section 6103(a) of title 5, United States Code, is 
amended by inserting after the item relating to Columbus Day, the 
following:
    ``Election Day, the Tuesday next after the first Monday in November 
in each even-numbered year.''.
    (b) Conforming Amendment.--Section 241(b) of the Help America Vote 
Act of 2002 (52 U.S.C. 20981(b)) is amended--
            (1) by striking paragraph (10); and
            (2) by redesignating paragraphs (11) through (19) as 
        paragraphs (10) through (18), respectively.
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to the regularly scheduled general elections for 
Federal office held in November 2022 or any succeeding year.

                PART 3--PROMOTING INTERNET REGISTRATION

SEC. 1021. REQUIRING AVAILABILITY OF INTERNET FOR VOTER REGISTRATION.

    (a) Requiring Availability of Internet for Registration.--The 
National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) is 
amended by inserting after section 6 the following new section:

``SEC. 6A. INTERNET REGISTRATION.

    ``(a) Requiring Availability of Internet for Online Registration.--
Each State, acting through the chief State election official, shall 
ensure that the following services are available to the public at any 
time on the official public websites of the appropriate State and local 
election officials in the State, in the same manner and subject to the 
same terms and conditions as the services provided by voter 
registration agencies under section 7(a):
            ``(1) Online application for voter registration.
            ``(2) Online assistance to applicants in applying to 
        register to vote.
            ``(3) Online completion and submission by applicants of the 
        mail voter registration application form prescribed by the 
        Election Assistance Commission pursuant to section 9(a)(2), 
        including assistance with providing a signature as required 
        under subsection (c).
            ``(4) Online receipt of completed voter registration 
        applications.
    ``(b) Acceptance of Completed Applications.--A State shall accept 
an online voter registration application provided by an individual 
under this section, and ensure that the individual is registered to 
vote in the State, if--
            ``(1) the individual meets the same voter registration 
        requirements applicable to individuals who register to vote by 
        mail in accordance with section 6(a)(1) using the mail voter 
        registration application form prescribed by the Election 
        Assistance Commission pursuant to section 9(a)(2); and
            ``(2) the individual meets the requirements of subsection 
        (c) to provide a signature in electronic form (but only in the 
        case of applications submitted during or after the second year 
        in which this section is in effect in the State).
    ``(c) Signature Requirements.--
            ``(1) In general.--For purposes of this section, an 
        individual meets the requirements of this subsection as 
        follows:
                    ``(A) In the case of an individual who has a 
                signature on file with a State agency, including the 
                State motor vehicle authority, that is required to 
                provide voter registration services under this Act or 
                any other law, the individual consents to the transfer 
                of that electronic signature.
                    ``(B) If subparagraph (A) does not apply, the 
                individual submits with the application an electronic 
                copy of the individual's handwritten signature through 
                electronic means.
                    ``(C) If subparagraph (A) and subparagraph (B) do 
                not apply, the individual executes a computerized mark 
                in the signature field on an online voter registration 
                application, in accordance with reasonable security 
                measures established by the State, but only if the 
                State accepts such mark from the individual.
            ``(2) Treatment of individuals unable to meet 
        requirement.--If an individual is unable to meet the 
        requirements of paragraph (1), the State shall--
                    ``(A) permit the individual to complete all other 
                elements of the online voter registration application;
                    ``(B) permit the individual to provide a signature 
                at the time the individual requests a ballot in an 
                election (whether the individual requests the ballot at 
                a polling place or requests the ballot by mail); and
                    ``(C) if the individual carries out the steps 
                described in subparagraph (A) and subparagraph (B), 
                ensure that the individual is registered to vote in the 
                State.
            ``(3) Notice.--The State shall ensure that individuals 
        applying to register to vote online are notified of the 
        requirements of paragraph (1) and of the treatment of 
        individuals unable to meet such requirements, as described in 
        paragraph (2).
    ``(d) Confirmation and Disposition.--
            ``(1) Confirmation of receipt.--
                    ``(A) In general.--Upon the online submission of a 
                completed voter registration application by an 
                individual under this section, the appropriate State or 
                local election official shall provide the individual a 
                notice confirming the State's receipt of the 
                application and providing instructions on how the 
                individual may check the status of the application.
                    ``(B) Method of notification.--The appropriate 
                State or local election official shall provide the 
                notice required under subparagraph (A) though the 
                online submission process and--
                            ``(i) in the case of an individual who has 
                        provided the official with an electronic mail 
                        address, by electronic mail; and
                            ``(ii) at the option of the individual, by 
                        text message.
            ``(2) Notice of disposition.--
                    ``(A) In general.--Not later than 7 days after the 
                appropriate State or local election official has 
                approved or rejected an application submitted by an 
                individual under this section, the official shall 
                provide the individual a notice of the disposition of 
                the application.
                    ``(B) Method of notification.--The appropriate 
                State or local election official shall provide the 
                notice required under subparagraph (A) by regular mail 
                and--
                            ``(i) in the case of an individual who has 
                        provided the official with an electronic mail 
                        address, by electronic mail; and
                            ``(ii) at the option of the individual, by 
                        text message.
    ``(e) Provision of Services in Nonpartisan Manner.--The services 
made available under subsection (a) shall be provided in a manner that 
ensures that--
            ``(1) the online application does not seek to influence an 
        applicant's political preference or party registration; and
            ``(2) there is no display on the website promoting any 
        political preference or party allegiance, except that nothing 
        in this paragraph may be construed to prohibit an applicant 
        from registering to vote as a member of a political party.
    ``(f) Protection of Security of Information.--In meeting the 
requirements of this section, the State shall establish appropriate 
technological security measures to prevent to the greatest extent 
practicable any unauthorized access to information provided by 
individuals using the services made available under subsection (a).
    ``(g) Accessibility of Services.--A state shall ensure that the 
services made available under this section are made available to 
individuals with disabilities to the same extent as services are made 
available to all other individuals.
    ``(h) Nondiscrimination Among Registered Voters Using Mail and 
Online Registration.--In carrying out this Act, the Help America Vote 
Act of 2002, or any other Federal, State, or local law governing the 
treatment of registered voters in the State or the administration of 
elections for public office in the State, a State shall treat a 
registered voter who registered to vote online in accordance with this 
section in the same manner as the State treats a registered voter who 
registered to vote by mail.''.
    (b) Special Requirements for Individuals Using Online 
Registration.--
            (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 online under section 6A of the National 
        Voter Registration Act of 1993''.
            (2) Requiring signature for first-time voters in 
        jurisdiction.--Section 303(b) of such Act (52 U.S.C. 21083(b)) 
        is amended--
                    (A) by redesignating paragraph (5) as paragraph 
                (6); and
                    (B) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) Signature requirements for first-time voters using 
        online registration.--
                    ``(A) In general.--A State shall, in a uniform and 
                nondiscriminatory manner, require an individual to meet 
                the requirements of subparagraph (B) if--
                            ``(i) the individual registered to vote in 
                        the State online under section 6A of the 
                        National Voter Registration Act of 1993; and
                            ``(ii) the individual has not previously 
                        voted in an election for Federal office in the 
                        State.
                    ``(B) Requirements.--An individual meets the 
                requirements of this subparagraph if--
                            ``(i) in the case of an individual who 
                        votes in person, the individual provides the 
                        appropriate State or local election official 
                        with a handwritten signature; or
                            ``(ii) in the case of an individual who 
                        votes by mail, the individual submits with the 
                        ballot a handwritten signature.
                    ``(C) Inapplicability.--Subparagraph (A) does not 
                apply in the case of an individual who is--
                            ``(i) entitled to vote by absentee ballot 
                        under the Uniformed and Overseas Citizens 
                        Absentee Voting Act (52 U.S.C. 20302 et seq.);
                            ``(ii) 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
                            ``(iii) entitled to vote otherwise than in 
                        person under any other Federal law.''.
            (3) Conforming amendment relating to effective date.--
        Section 303(d)(2)(A) of such Act (52 U.S.C. 21083(d)(2)(A)) is 
        amended by striking ``Each State'' and inserting ``Except as 
        provided in subsection (b)(5), each State''.
    (c) Conforming Amendments.--
            (1) Timing of registration.--Section 8(a)(1) of the 
        National Voter Registration Act of 1993 (52 U.S.C. 
        20507(a)(1)), as amended by section 1002(b)(3), is amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (D);
                    (B) by redesignating subparagraph (E) as 
                subparagraph (F); and
                    (C) by inserting after subparagraph (D) the 
                following new subparagraph:
                    ``(E) in the case of online registration through 
                the official public website of an election official 
                under section 6A, if the valid voter registration 
                application is submitted online not later than the 
                lesser of 28 days, or the period provided by State law, 
                before the date of the election (as determined by 
                treating the date on which the application is sent 
                electronically as the date on which it is submitted); 
                and''.
            (2) Informing applicants of eligibility requirements and 
        penalties.--Section 8(a)(5) of such Act (52 U.S.C. 20507(a)(5)) 
        is amended by striking ``and 7'' and inserting ``6A, and 7''.

SEC. 1022. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION.

    (a) In General.--
            (1) Updates to information contained on computerized 
        statewide voter registration list.--Section 303(a) of the Help 
        America Vote Act of 2002 (52 U.S.C. 21083(a)) is amended by 
        adding at the end the following new paragraph:
            ``(6) Use of internet by registered voters to update 
        information.--
                    ``(A) In general.--The appropriate State or local 
                election official shall ensure that any registered 
                voter on the computerized list may at any time update 
                the voter's registration information, including the 
                voter's address and electronic mail address, online 
                through the official public website of the election 
                official responsible for the maintenance of the list, 
                so long as the voter attests to the contents of the 
                update by providing a signature in electronic form in 
                the same manner required under section 6A(c) of the 
                National Voter Registration Act of 1993.
                    ``(B) Processing of updated information by election 
                officials.--If a registered voter updates registration 
                information under subparagraph (A), the appropriate 
                State or local election official shall--
                            ``(i) revise any information on the 
                        computerized list to reflect the update made by 
                        the voter; and
                            ``(ii) if the updated registration 
                        information affects the voter's eligibility to 
                        vote in an election for Federal office, ensure 
                        that the information is processed with respect 
                        to the election if the voter updates the 
                        information not later than the lesser of 7 
                        days, or the period provided by State law, 
                        before the date of the election.
                    ``(C) Confirmation and disposition.--
                            ``(i) Confirmation of receipt.--Upon the 
                        online submission of updated registration 
                        information by an individual under this 
                        paragraph, the appropriate State or local 
                        election official shall send the individual a 
                        notice confirming the State's receipt of the 
                        updated information and providing instructions 
                        on how the individual may check the status of 
                        the update.
                            ``(ii) Notice of disposition.--Not later 
                        than 7 days after the appropriate State or 
                        local election official has accepted or 
                        rejected updated information submitted by an 
                        individual under this paragraph, the official 
                        shall send the individual a notice of the 
                        disposition of the update.
                            ``(iii) Method of notification.--The 
                        appropriate State or local election official 
                        shall send the notices required under this 
                        subparagraph by regular mail and--
                                    ``(I) in the case of an individual 
                                who has requested that the State 
                                provide voter registration and voting 
                                information through electronic mail, by 
                                electronic mail; and
                                    ``(II) at the option of the 
                                individual, by text message.''.
            (2) Conforming amendment relating to effective date.--
        Section 303(d)(1)(A) of such Act (52 U.S.C. 21083(d)(1)(A)) is 
        amended by striking ``subparagraph (B)'' and inserting 
        ``subparagraph (B) and subsection (a)(6)''.
    (b) Ability of Registrant To Use Online Update To Provide 
Information on Residence.--Section 8(d)(2)(A) of the National Voter 
Registration Act of 1993 (52 U.S.C. 20507(d)(2)(A)) is amended--
            (1) in the first sentence, by inserting after ``return the 
        card'' the following: ``or update the registrant's information 
        on the computerized Statewide voter registration list using the 
        online method provided under section 303(a)(6) of the Help 
        America Vote Act of 2002''; and
            (2) in the second sentence, by striking ``returned,'' and 
        inserting the following: ``returned or if the registrant does 
        not update the registrant's information on the computerized 
        Statewide voter registration list using such online method,''.

SEC. 1023. PROVISION OF ELECTION INFORMATION BY ELECTRONIC MAIL TO 
              INDIVIDUALS REGISTERED TO VOTE.

    (a) Including Option on Voter Registration Application To Provide 
E-Mail Address and Receive Information.--
            (1) In general.--Section 9(b) of the National Voter 
        Registration Act of 1993 (52 U.S.C. 20508(b)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) shall include a space for the applicant to provide 
        (at the applicant's option) an electronic mail address, 
        together with a statement that, if the applicant so requests, 
        instead of using regular mail the appropriate State and local 
        election officials shall provide to the applicant, through 
        electronic mail sent to that address, the same voting 
        information (as defined in section 302(b)(2) of the Help 
        America Vote Act of 2002) which the officials would provide to 
        the applicant through regular mail.''.
            (2) Prohibiting use for purposes unrelated to official 
        duties of election officials.--Section 9 of such Act (52 U.S.C. 
        20508) is amended by adding at the end the following new 
        subsection:
    ``(c) Prohibiting Use of Electronic Mail Addresses for Other Than 
Official Purposes.--The chief State election official shall ensure that 
any electronic mail address provided by an applicant under subsection 
(b)(5) is used only for purposes of carrying out official duties of 
election officials and is not transmitted by any State or local 
election official (or any agent of such an official, including a 
contractor) to any person who does not require the address to carry out 
such official duties and who is not under the direct supervision and 
control of a State or local election official.''.
    (b) Requiring Provision of Information by Election Officials.--
Section 302(b) of the Help America Vote Act of 2002 (52 U.S.C. 
21082(b)) is amended by adding at the end the following new paragraph:
            ``(3) Provision of other information by electronic mail.--
        If an individual who is a registered voter has provided the 
        State or local election official with an electronic mail 
        address for the purpose of receiving voting information (as 
        described in section 9(b)(5) of the National Voter Registration 
        Act of 1993), the appropriate State or local election official, 
        through electronic mail transmitted not later than 7 days 
        before the date of the election for Federal office involved, 
        shall provide the individual with information on how to obtain 
        the following information by electronic means:
                    ``(A)(i) If the individual is assigned to vote in 
                the election at a specific polling place--
                            ``(I) the name and address of the polling 
                        place; and
                            ``(II) the hours of operation for the 
                        polling place.
                    ``(ii) If the individual is not assigned to vote in 
                the election at a specific polling place--
                            ``(I) the name and address of locations at 
                        which the individual is eligible to vote; and
                            ``(II) the hours of operation for those 
                        locations.
                    ``(B) A description of any identification or other 
                information the individual may be required to present 
                at the polling place or a location described in 
                subparagraph (A)(ii)(I) to vote in the election.''.

SEC. 1024. CLARIFICATION OF REQUIREMENT REGARDING NECESSARY INFORMATION 
              TO SHOW ELIGIBILITY TO VOTE.

    Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 
20507) is amended--
            (1) by redesignating subsection (j) as subsection (k); and
            (2) by inserting after subsection (i) the following new 
        subsection:
    ``(j) Requirement for State To Register Applicants Providing 
Necessary Information To Show Eligibility To Vote.--For purposes 
meeting the requirement of subsection (a)(1) that an eligible applicant 
is registered to vote in an election for Federal office within the 
deadlines required under such subsection, the State shall consider an 
applicant to have provided a `valid voter registration form' if--
            ``(1) the applicant has substantially completed the 
        application form and attested to the statement required by 
        section 9(b)(2); and
            ``(2) in the case of an applicant who registers to vote 
        online in accordance with section 6A, the applicant provides a 
        signature in accordance with subsection (c) of such section.''.

SEC. 1025. PROHIBITING STATE FROM REQUIRING APPLICANTS TO PROVIDE MORE 
              THAN LAST 4 DIGITS OF SOCIAL SECURITY NUMBER.

    (a) Form Included With Application for Motor Vehicle Driver's 
License.--Section 5(c)(2)(B)(ii) of the National Voter Registration Act 
of 1993 (52 U.S.C. 20504(c)(2)(B)(ii)) is amended by striking the 
semicolon at the end and inserting the following: ``, and to the extent 
that the application requires the applicant to provide a Social 
Security number, may not require the applicant to provide more than the 
last 4 digits of such number;''.
    (b) National Mail Voter Registration Form.--Section 9(b)(1) of such 
Act (52 U.S.C. 20508(b)(1)) is amended by striking the semicolon at the 
end and inserting the following: ``, and to the extent that the form 
requires the applicant to provide a Social Security number, the form 
may not require the applicant to provide more than the last 4 digits of 
such number;''.

SEC. 1026. APPLICATION OF RULES TO CERTAIN EXEMPT STATES.

    Section 4 of the National Voter Registration Act of 1993 (52 U.S.C. 
20503) is amended by adding at the end the following new subsection:
    ``(c) Application of Internet Voter Registration Rules.--
Notwithstanding subsection (b), the following provisions shall apply to 
a State described in paragraph (2) thereof:
            ``(1) Section 6A (as added by section 1021(a) of the Voter 
        Registration Modernization Act of 2021).
            ``(2) Section 8(a)(1)(E) (as added by section 1021(c)(1) of 
        the Voter Registration Modernization Act of 2021).
            ``(3) Section 8(a)(5) (as amended by section 1021(c)(2) of 
        Voter Registration Modernization Act of 2021), but only to the 
        extent such provision relates to section 6A.
            ``(4) Section 8(j) (as added by section 1024 of the Voter 
        Registration Modernization Act of 2021), but only to the extent 
        such provision relates to section 6A.''.

SEC. 1027. REPORT ON DATA COLLECTION RELATING TO ONLINE VOTER 
              REGISTRATION SYSTEMS.

    Not later than 1 year after the date of enactment of this Act, the 
Attorney General shall submit to Congress a report on local, State, and 
Federal personally identifiable information data collections efforts 
related to online voter registration systems, the cyber security 
resources necessary to defend such efforts from online attacks, and the 
impact of a potential data breach of local, State, or Federal online 
voter registration systems.

SEC. 1028. PERMITTING VOTER REGISTRATION APPLICATION FORM TO SERVE AS 
              APPLICATION FOR ABSENTEE BALLOT.

    Section 5(c) of the National Voter Registration Act of 1993 (52 
U.S.C. 20504(c)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``and'' at the end of subparagraph 
                (D);
                    (B) by striking the period at the end of 
                subparagraph (E) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(F) at the option of the applicant, shall serve as an 
        application to vote by absentee ballot in the next election for 
        Federal office held in the State and in each subsequent 
        election for Federal office held in the State.''; and
            (2) by adding at the end the following new paragraph:
    ``(3)(A) In the case of an individual who is treated as having 
applied for an absentee ballot in the next election for Federal office 
held in the State and in each subsequent election for Federal office 
held in the State under paragraph (2)(F), such treatment shall remain 
effective until the earlier of such time as--
            ``(i) the individual is no longer registered to vote in the 
        State; or
            ``(ii) the individual provides an affirmative written 
        notice revoking such treatment.
    ``(B) The treatment of an individual as having applied for an 
absentee ballot in the next election for Federal office held in the 
State and in each subsequent election for Federal office held in the 
State under paragraph (2)(F) shall not be revoked on the basis that the 
individual has not voted in an election''.

SEC. 1029. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), the 
amendments made by this part (other than the amendments made by section 
1004) shall take effect January 1, 2022.
    (b) Waiver.--If a State certifies to the Election Assistance 
Commission not later than January 1, 2022, that the State will not meet 
the deadline described in subsection (a) because it would be 
impracticable to do so and includes in the certification the reasons 
for the failure to meet such deadline, subsection (a) shall apply to 
the State as if the reference in such subsection to ``January 1, 2022'' 
were a reference to ``January 1, 2024''.

                  PART 4--SAME DAY VOTER REGISTRATION

SEC. 1031. SAME DAY REGISTRATION.

    (a) In General.--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, respectively; and
            (2) by inserting after section 303 the following new 
        section:

``SEC. 304. SAME DAY REGISTRATION.

    ``(a) In General.--
            ``(1) Registration.--Each State shall permit any eligible 
        individual on the day of a Federal election and on any day when 
        voting, including early voting, is permitted for a Federal 
        election--
                    ``(A) to register to vote in such election at the 
                polling place using a form that meets the requirements 
                under section 9(b) of the National Voter Registration 
                Act of 1993 (or, if the individual is already 
                registered to vote, to revise any of the individual's 
                voter registration information); and
                    ``(B) to cast a vote in such election.
            ``(2) Exception.--The requirements under paragraph (1) 
        shall not apply to a State in which, under a State law in 
        effect continuously on and after the date of the enactment of 
        this section, there is no voter registration requirement for 
        individuals in the State with respect to elections for Federal 
        office.
    ``(b) Eligible Individual.--For purposes of this section, the term 
`eligible individual' means, with respect to any election for Federal 
office, an individual who is otherwise qualified to vote in that 
election.
    ``(c) Ensuring Availability of Forms.--The State shall ensure that 
each polling place has copies of any forms an individual may be 
required to complete in order to register to vote or revise the 
individual's voter registration information under this section.
    ``(d) Effective Date.--
            ``(1) In general.--Subject to paragraph (2), each State 
        shall be required to comply with the requirements of this 
        section for the regularly scheduled general election for 
        Federal office occurring in November 2022 and for any 
        subsequent election for Federal office.
            ``(2) Special rules for elections before november 2026.--
                    ``(A) Elections prior to november 2024 general 
                election.--A State shall be deemed to be in compliance 
                with the requirements of this section for the regularly 
                scheduled general election for Federal office occurring 
                in November 2022 and subsequent elections for Federal 
                office occurring before the regularly scheduled general 
                election for Federal office in November 2024 if at 
                least one location for each 15,000 registered voters in 
                each jurisdiction in the State meets such requirements.
                    ``(B) November 2024 general election.--If a State 
                certifies to the Commission not later than November 5, 
                2024, that the State will not be in compliance with the 
                requirements of this section for the regularly 
                scheduled general election for Federal office occurring 
                in November 2024 because it would be impracticable to 
                do so and includes in the certification the reasons for 
                the failure to meet such requirements, the State shall 
                be deemed to be in compliance with the requirements of 
                this section for such election if at least one location 
                for each 15,000 registered voters in each jurisdiction 
                in the State meets such requirements.''.
    (b) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111) is amended by striking ``sections 301, 302, 
and 303'' and inserting ``subtitle A of title III''.
    (c) Clerical Amendments.--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, respectively; and
            (2) by inserting after the item relating to section 303 the 
        following new item:

``Sec. 304. Same day registration.''.

SEC. 1032. ENSURING PRE-ELECTION REGISTRATION DEADLINES ARE CONSISTENT 
              WITH TIMING OF LEGAL PUBLIC HOLIDAYS.

    (a) In General.--Section 8(a)(1) of the National Voter Registration 
Act of 1993 (52 U.S.C. 20507(a)(1)) is amended by striking ``30 days'' 
each place it appears and inserting ``28 days''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to elections held in 2022 or any succeeding year.

 PART 5--STREAMLINE VOTER REGISTRATION INFORMATION, ACCESS, AND PRIVACY

SEC. 1041. AUTHORIZING THE DISSEMINATION OF VOTER REGISTRATION 
              INFORMATION DISPLAYS FOLLOWING NATURALIZATION CEREMONIES.

    The Secretary of Homeland Security shall establish a process for 
authorizing the chief State election official of a State to disseminate 
voter registration information at the conclusion of any naturalization 
ceremony in such State, which may involve a display or exhibit.

SEC. 1042. INCLUSION OF VOTER REGISTRATION INFORMATION WITH CERTAIN 
              LEASES AND VOUCHERS FOR FEDERALLY ASSISTED RENTAL HOUSING 
              AND MORTGAGE APPLICATIONS.

    (a) Definitions.--In this section:
            (1) Bureau.--The term ``Bureau'' means the Bureau of 
        Consumer Financial Protection.
            (2) Director.--The term ``Director'' means the Director of 
        the Bureau of Consumer Financial Protection.
            (3) Federal rental assistance.--The term ``Federal rental 
        assistance'' means rental assistance provided under--
                    (A) any covered housing program, as defined in 
                section 41411(a) of the Violence Against Women Act of 
                1994 (34 U.S.C. 12491(a));
                    (B) title V of the Housing Act of 1949 (42 U.S.C. 
                1471 et seq.), including voucher assistance under 
                section 542 of such title (42 U.S.C. 1490r);
                    (C) the Housing Trust Fund program under section 
                1338 of the Federal Housing Enterprises Financial 
                Safety and Soundness Act of 1992 (12 U.S.C. 4588); or
                    (D) subtitle C of title IV of the McKinney-Vento 
                Homeless Assistance Act (42 U.S.C. 11381 et seq.).
            (4) Federally backed multifamily mortgage loan.--The term 
        ``Federally backed multifamily mortgage loan'' includes any 
        loan (other than temporary financing such as a construction 
        loan) that--
                    (A) is secured by a first or subordinate lien on 
                residential multifamily real property designed 
                principally for the occupancy of 5 or more families, 
                including any such secured loan, the proceeds of which 
                are used to prepay or pay off an existing loan secured 
                by the same property; and
                    (B) is made in whole or in part, or insured, 
                guaranteed, supplemented, or assisted in any way, by 
                any officer or agency of the Federal Government or 
                under or in connection with a housing or urban 
                development program administered by the Secretary of 
                Housing and Urban Development or a housing or related 
                program administered by any other such officer or 
                agency, or is purchased or securitized by the Federal 
                Home Loan Mortgage Corporation or the Federal National 
                Mortgage Association.
            (5) Owner.--The term ``owner'' has the meaning given the 
        term in section 8(f) of the United States Housing Act of 1937 
        (42 U.S.C. 1437f(f)).
            (6) Public housing; public housing agency.--The terms 
        ``public housing'' and ``public housing agency'' have the 
        meanings given those terms in section 3(b) of the United States 
        Housing Act of 1937 (42 U.S.C. 1437a(b)).
            (7) Residential mortgage loan.--The term ``residential 
        mortgage loan'' includes any loan that is secured by a first or 
        subordinate lien on residential real property, including 
        individual units of condominiums and cooperatives, designed 
        principally for the occupancy of from 1- to 4- families.
    (b) Uniform Statement.--
            (1) Development.--The Director, after consultation with the 
        Election Assistance Commission, shall develop a uniform 
        statement designed to provide recipients of the statement 
        pursuant to this section with information on how the recipient 
        can register to vote and the voting rights of the recipient 
        under law.
            (2) Responsibilities.--In developing the uniform statement, 
        the Director shall be responsible for--
                    (A) establishing the format of the statement;
                    (B) consumer research and testing of the statement; 
                and
                    (C) consulting with and obtaining from the Election 
                Assistance Commission the content regarding voter 
                rights and registration issues needed to ensure the 
                statement complies with the requirements of paragraph 
                (1).
            (3) Languages.--
                    (A) In general.--The uniform statement required 
                under paragraph (1) shall be developed and made 
                available in English and in each of the 10 languages 
                most commonly spoken by individuals with limited 
                English proficiency, as determined by the Director 
                using information published by the Director of the 
                Bureau of the Census.
                    (B) Publication.--The Director shall make all 
                translated versions of the uniform statement required 
                under paragraph (1) publicly available in a centralized 
                location on the website of the Bureau.
    (c) Leases and Vouchers for Federally Assisted Rental Housing.--
Each Federal agency administering a Federal rental assistance program 
shall require--
            (1) each public housing agency to provide a copy of the 
        uniform statement developed pursuant to subsection (b) to each 
        lessee of a dwelling unit in public housing administered by the 
        agency--
                    (A) together with the lease for the dwelling unit, 
                at the same time the lease is signed by the lessee; and
                    (B) together with any income verification form, at 
                the same time the form is provided to the lessee;
            (2) each public housing agency that administers rental 
        assistance under the Housing Choice Voucher program under 
        section 8(o) of the United States Housing Act of 1937 (42 
        U.S.C. 1437f(o)), including the program under paragraph (13) of 
        such section 8(o), to provide a copy of the uniform statement 
        developed pursuant to subsection (b) to each assisted family or 
        individual--
                    (A) together with the voucher for the assistance, 
                at the time the voucher is issued for the family or 
                individual; and
                    (B) together with any income verification form, at 
                the time the voucher is provided to the applicant or 
                assisted family or individual; and
            (3) each owner of a dwelling unit assisted with Federal 
        rental assistance to provide a copy of the uniform statement 
        developed pursuant to subsection (b) to the lessee of the 
        dwelling unit--
                    (A) together with the lease for such dwelling unit, 
                at the same time the lease is signed by the lessee; and
                    (B) together with any income verification form, at 
                the same time the form is provided to the applicant or 
                tenant.
    (d) Applications for Residential Mortgage Loans.--The Director 
shall require each creditor (within the meaning of such term as used in 
section 1026.2(a)(17) of title 12, Code of Federal Regulations) that 
receives an application (within the meaning of such term as used in 
section 1026.2(a)(3)(ii) of title 12, Code of Federal Regulations) to 
provide a copy of the uniform statement developed pursuant to 
subsection (b) in written form to the applicant for the residential 
mortgage loan not later than 5 business days after the date of the 
application.
    (e) Federally Backed Multifamily Mortgage Loans.--The head of the 
Federal agency insuring, guaranteeing, supplementing, or assisting a 
Federally backed multifamily mortgage loan, or the Director of the 
Federal Housing Finance Agency in the case of a Federally backed 
multifamily mortgage loan that is purchased or securitized by the 
Federal Home Loan Mortgage Corporation or the Federal National Mortgage 
Association, shall require the owner of the property secured by the 
Federally backed multifamily mortgage loan to provide a copy of the 
uniform statement developed pursuant to subsection (b) in written form 
to each lessee of a dwelling unit assisted by that loan at the time the 
lease is signed by the lessee.
    (f) Optional Completion of Voter Registration.--Nothing in this 
section may be construed to require any individual to complete a voter 
registration form.
    (g) Regulations.--The head of a Federal agency administering a 
Federal rental assistance program, the head of the Federal agency 
insuring, guaranteeing, supplementing, or assisting a Federally backed 
multifamily mortgage loan, the Director of the Federal Housing Finance 
Agency, and the Director may issue such regulations as may be necessary 
to carry out this section.

SEC. 1043. ACCEPTANCE OF VOTER REGISTRATION APPLICATIONS FROM 
              INDIVIDUALS UNDER 18 YEARS OF AGE.

    (a) Acceptance of Applications.--Section 8 of the National Voter 
Registration Act of 1993 (52 U.S.C. 20507), as amended by section 1024, 
is amended--
            (1) by redesignating subsection (k) as subsection (l); and
            (2) by inserting after subsection (j) the following new 
        subsection:
    ``(k) Acceptance of Applications From Individuals Under 18 Years of 
Age.--
            ``(1) In general.--A State may not refuse to accept or 
        process an individual's application to register to vote in 
        elections for Federal office on the grounds that the individual 
        is under 18 years of age at the time the individual submits the 
        application, so long as the individual is at least 16 years of 
        age at such time.
            ``(2) No effect on state voting age requirements.--Nothing 
        in paragraph (1) may be construed to require a State to permit 
        an individual who is under 18 years of age at the time of an 
        election for Federal office to vote in the election.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to elections occurring on or after January 1, 2022.

SEC. 1044. REQUIRING STATES TO ESTABLISH AND OPERATE VOTER PRIVACY 
              PROGRAMS.

    (a) In General.--Title III of the Help America Vote Act of 2002 (52 
U.S.C. 21081 et seq.), as amended by section 1031(a), is amended--
            (1) by redesignating sections 305 and 306 as sections 306 
        and 307, respectively; and
            (2) by inserting after section 304 the following new 
        section:

``SEC. 305. VOTER PRIVACY PROGRAMS.

    ``(a) In General.--Each State shall establish and operate a privacy 
program to enable victims of domestic violence, dating violence, 
stalking, sexual assault, and trafficking to have personally 
identifiable information that State or local election officials 
maintain with respect to an individual voter registration status for 
purposes of elections for Federal office in the State, including 
addresses, be kept confidential.
    ``(b) Notice.--Each State shall notify residents of that State of 
the information that State and local election officials maintain with 
respect to an individual voter registration status for purposes of 
elections for Federal office in the State, how that information is 
shared or sold and with whom, what information is automatically kept 
confidential, what information is needed to access voter information 
online, and the privacy programs that are available.
    ``(c) Public Availability.--Each State shall make information about 
the program established under subsection (a) available on a publicly 
accessible website.
    ``(d) Definitions.--In this section:
            ``(1) The terms `domestic violence', `stalking', `sexual 
        assault', and `dating violence' have the meanings given such 
        terms in section 40002 of the Violence Against Women Act of 
        1994 (34 U.S.C. 12291).
            ``(2) The term `trafficking' means an act or practice 
        described in paragraph (11) or (12) of section 103 of the 
        Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
    ``(e) Effective Date.--Each State and jurisdiction shall be 
required to comply with the requirements of this section on and after 
January 1, 2023.''.
    (b) Clerical Amendments.--The table of contents of such Act, as 
amended by section 1031(c), is amended--
            (1) by redesignating the items relating to sections 305 and 
        306 as relating to sections 306 and 307, respectively; and
            (2) by inserting after the item relating to section 304 the 
        following new item:

``Sec. 305. Voter privacy programs.''.

            PART 6--FUNDING SUPPORT TO STATES FOR COMPLIANCE

SEC. 1051. AVAILABILITY OF REQUIREMENTS PAYMENTS UNDER HAVA TO COVER 
              COSTS OF COMPLIANCE WITH NEW REQUIREMENTS.

    (a) In General.--Section 251(b) of the Help America Vote Act of 
2002 (52 U.S.C. 21001(b)) is amended--
            (1) in paragraph (1), by striking ``as provided in 
        paragraphs (2) and (3)'' and inserting ``as otherwise provided 
        in this subsection''; and
            (2) by adding at the end the following new paragraph:
            ``(4) Certain voter registration activities.--
        Notwithstanding paragraph (3), a State may use a requirements 
        payment to carry out any of the requirements of the Voter 
        Registration Modernization Act of 2021, including the 
        requirements of the National Voter Registration Act of 1993 
        which are imposed pursuant to the amendments made to such Act 
        by the Voter Registration Modernization Act of 2021.''.
    (b) Conforming Amendment.--Section 254(a)(1) of such Act (52 U.S.C. 
21004(a)(1)) is amended by striking ``section 251(a)(2)'' and inserting 
``section 251(b)(2)''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to fiscal year 2022 and each succeeding fiscal year.

     Subtitle B--Access to Voting for Individuals With Disabilities

SEC. 1101. REQUIREMENTS FOR STATES TO PROMOTE ACCESS TO VOTER 
              REGISTRATION AND VOTING FOR INDIVIDUALS WITH 
              DISABILITIES.

    (a) Requirements.--Subtitle A of title III of the Help America Vote 
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a) 
and section 1044(a), is amended--
            (1) by redesignating sections 306 and 307 as sections 307 
        and 308, respectively; and
            (2) by inserting after section 305 the following new 
        section:

``SEC. 306. ACCESS TO VOTER REGISTRATION AND VOTING FOR INDIVIDUALS 
              WITH DISABILITIES.

    ``(a) Treatment of Applications and Ballots.--Each State shall--
            ``(1) ensure that absentee registration forms, absentee 
        ballot applications, and absentee ballots that are available 
        electronically are accessible (as defined in section 307);
            ``(2) permit individuals with disabilities to use absentee 
        registration procedures and to vote by absentee ballot in 
        elections for Federal office;
            ``(3) accept and process, with respect to any election for 
        Federal office, any otherwise valid voter registration 
        application and absentee ballot application from an individual 
        with a disability if the application is received by the 
        appropriate State election official within the deadline for the 
        election which is applicable under Federal law;
            ``(4) in addition to any other method of registering to 
        vote or applying for an absentee ballot in the State, establish 
        procedures--
                    ``(A) for individuals with disabilities to request 
                by mail and electronically voter registration 
                applications and absentee ballot applications with 
                respect to elections for Federal office in accordance 
                with subsection (c);
                    ``(B) for States to send by mail and electronically 
                (in accordance with the preferred method of 
                transmission designated by the individual under 
                subparagraph (C)) voter registration applications and 
                absentee ballot applications requested under 
                subparagraph (A) in accordance with subsection (c)); 
                and
                    ``(C) by which such an individual can designate 
                whether the individual prefers that such voter 
                registration application or absentee ballot application 
                be transmitted by mail or electronically;
            ``(5) in addition to any other method of transmitting blank 
        absentee ballots in the State, establish procedures for 
        transmitting by mail and electronically blank absentee ballots 
        to individuals with disabilities with respect to elections for 
        Federal office in accordance with subsection (d); and
            ``(6) if the State declares or otherwise holds a runoff 
        election for Federal office, establish a written plan that 
        provides absentee ballots are made available to individuals 
        with disabilities in a manner that gives them sufficient time 
        to vote in the runoff election.
    ``(b) Designation of Single State Office to Provide Information on 
Registration and Absentee Ballot Procedures for Voters With 
Disabilities in State.--
            ``(1) In general.--Each State shall designate a single 
        office which shall be responsible for providing information 
        regarding voter registration procedures, absentee ballot 
        procedures, and in-person voting procedures to be used by 
        individuals with disabilities with respect to elections for 
        Federal office to all individuals with disabilities who wish to 
        register to vote or vote in any jurisdiction in the State.
            ``(2) Responsibilities.--Each State shall, through the 
        office designated in paragraph (1)--
                    ``(A) provide information to election officials--
                            ``(i) on how to set up and operate 
                        accessible voting systems; and
                            ``(ii) regarding the accessibility of 
                        voting procedures, including guidance on 
                        compatibility with assistive technologies such 
                        as screen readers and ballot marking devices;
                    ``(B) integrate information on accessibility, 
                accommodations, disability, and older individuals into 
                regular training materials for poll workers and 
                election administration officials;
                    ``(C) train poll workers on how to make polling 
                places accessible for individuals with disabilities and 
                older individuals;
                    ``(D) promote the hiring of individuals with 
                disabilities and older individuals as poll workers and 
                election staff; and
                    ``(E) publicly post the results of any audits to 
                determine the accessibility of polling places no later 
                than 6 months after the completion of the audit.
    ``(c) Designation Of Means of Electronic Communication for 
Individuals With Disabilities to Request and for States to Send Voter 
Registration Applications and Absentee Ballot Applications, and for 
Other Purposes Related to Voting Information.--
            ``(1) In general.--Each State shall, in addition to the 
        designation of a single State office under subsection (b), 
        designate not less than 1 means of accessible electronic 
        communication--
                    ``(A) for use by individuals with disabilities who 
                wish to register to vote or vote in any jurisdiction in 
                the State to request voter registration applications 
                and absentee ballot applications under subsection 
                (a)(4);
                    ``(B) for use by States to send voter registration 
                applications and absentee ballot applications requested 
                under such subsection; and
                    ``(C) for the purpose of providing related voting, 
                balloting, and election information to individuals with 
                disabilities.
            ``(2) Clarification regarding provision of multiple means 
        of electronic communication.--A State may, in addition to the 
        means of electronic communication so designated, provide 
        multiple means of electronic communication to individuals with 
        disabilities, including a means of electronic communication for 
        the appropriate jurisdiction of the State.
            ``(3) Inclusion of designated means of electronic 
        communication with informational and instructional materials 
        that accompany balloting materials.--Each State shall include a 
        means of electronic communication so designated with all 
        informational and instructional materials that accompany 
        balloting materials sent by the State to individuals with 
        disabilities.
            ``(4) Transmission if no preference indicated.--In the case 
        where an individual with a disability does not designate a 
        preference under subsection (a)(4)(C), the State shall transmit 
        the voter registration application or absentee ballot 
        application by any delivery method allowable in accordance with 
        applicable State law, or if there is no applicable State law, 
        by mail.
    ``(d) Transmission of Blank Absentee Ballots by Mail and 
Electronically.--
            ``(1) In general.--Each State shall establish procedures--
                    ``(A) to securely transmit blank absentee ballots 
                by mail and electronically (in accordance with the 
                preferred method of transmission designated by the 
                individual with a disability under subparagraph (B)) to 
                individuals with disabilities for an election for 
                Federal office; and
                    ``(B) by which the individual with a disability can 
                designate whether the individual prefers that such 
                blank absentee ballot be transmitted by mail or 
                electronically.
            ``(2) Transmission if no preference indicated.--In the case 
        where an individual with a disability does not designate a 
        preference under paragraph (1)(B), the State shall transmit the 
        ballot by any delivery method allowable in accordance with 
        applicable State law, or if there is no applicable State law, 
        by mail.
            ``(3) Application of methods to track delivery to and 
        return of ballot by individual requesting ballot.--Under the 
        procedures established under paragraph (1), the State shall 
        apply such methods as the State considers appropriate, such as 
        assigning a unique identifier to the ballot envelope, to ensure 
        that if an individual with a disability requests the State to 
        transmit a blank absentee ballot to the individual in 
        accordance with this subsection, the voted absentee ballot 
        which is returned by the individual is the same blank absentee 
        ballot which the State transmitted to the individual.
    ``(e) 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 and who is 
otherwise qualified to vote in elections for Federal office.
    ``(f) Effective Date.--This section shall apply with respect to 
elections for Federal office held on or after January 1, 2022.''.
    (b) Conforming Amendment Relating to Issuance of Voluntary Guidance 
by Election Assistance Commission.--
            (1) Timing of issuance.--Section 311(b) of such Act (52 
        U.S.C. 21101(b)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (2);
                    (B) by striking the period at the end of paragraph 
                (3) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(4) in the case of the recommendations with respect to 
        section 306, January 1, 2022.''.
            (2) Redesignation.--
                    (A) In general.--Title III of such Act (52 U.S.C. 
                21081 et seq.) is amended by redesignating sections 311 
                and 312 as sections 321 and 322, respectively.
                    (B) Conforming amendment.--Section 322(a) of such 
                Act, as redesignated by subparagraph (A), is amended by 
                striking ``section 312'' and inserting ``section 322''.
    (c) Clerical Amendments.--The table of contents of such Act, as 
amended by section 1031(c) and section 1044(b), is amended--
            (1) by redesignating the items relating to sections 306 and 
        307 as relating to sections 307 and 308, respectively; and
            (2) by inserting after the item relating to section 305 the 
        following new item:

``Sec. 306. Access to voter registration and voting for individuals 
                            with disabilities.''.

SEC. 1102. ESTABLISHMENT AND MAINTENANCE OF STATE ACCESSIBLE ELECTION 
              WEBSITES.

    (a) In General.--Subtitle A of title III of the Help America Vote 
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), 
section 1044(a), and section 1101(a), is amended--
            (1) by redesignating sections 307 and 308 as sections 308 
        and 309, respectively; and
            (2) by inserting after section 306 the following:

``SEC. 307. ESTABLISHMENT AND MAINTENANCE OF ACCESSIBLE ELECTION 
              WEBSITES.

    ``(a) In General.--Not later than January 1, 2023, each State shall 
establish a single election website that is accessible and meets the 
following requirements:
            ``(1) Local election officials.--The website shall provide 
        local election officials, poll workers, and volunteers with--
                    ``(A) guidance to ensure that polling places are 
                accessible for individuals with disabilities and older 
                individuals in a manner that provides the same 
                opportunity for access and participation (including 
                privacy and independence) as for other voters; and
                    ``(B) online training and resources on--
                            ``(i) how best to promote the access and 
                        participation of individuals with disabilities 
                        and older individuals in elections for public 
                        office; and
                            ``(ii) the voting rights and protections 
                        for individuals with disabilities and older 
                        individuals under State and Federal law.
            ``(2) Voters.--The website shall provide information about 
        voting, including--
                    ``(A) the accessibility of all polling places 
                within the State, including outreach programs to inform 
                individuals about the availability of accessible 
                polling places;
                    ``(B) how to register to vote and confirm voter 
                registration in the State;
                    ``(C) the location and operating hours of all 
                polling places in the State;
                    ``(D) the availability of aid or assistance for 
                individuals with disabilities and older individuals to 
                cast their vote in a manner that provides the same 
                opportunity for access and participation (including 
                privacy and independence) as for other voters at 
                polling places;
                    ``(E) the availability of transportation aid or 
                assistance to the polling place for individuals with 
                disabilities or older individuals;
                    ``(F) the rights and protections under State and 
                Federal law for individuals with disabilities and older 
                individuals to participate in elections; and
                    ``(G) how to contact State, local, and Federal 
                officials with complaints or grievances if individuals 
                with disabilities, older individuals, Native Americans, 
                Alaska Natives, and individuals with limited 
                proficiency in the English language feel their ability 
                to register to vote or vote has been blocked or 
                delayed.
    ``(b) Partnership With Outside Technical Organization.--The chief 
State election official of each State, through the committee of 
appropriate individuals under subsection (c)(2), shall partner with an 
outside technical organization with demonstrated experience in 
establishing accessible and easy to use accessible election websites 
to--
            ``(1) update an existing election website to make it fully 
        accessible in accordance with this section; or
            ``(2) develop an election website that is fully accessible 
        in accordance with this section.
    ``(c) State Plan.--
            ``(1) Development.--The chief State election official of 
        each State shall, through a committee of appropriate 
        individuals as described in paragraph (2), develop a State plan 
        that describes how the State and local governments will meet 
        the requirements under this section.
            ``(2) Committee membership.--The committee shall comprise 
        at least the following individuals:
                    ``(A) The chief election officials of the four most 
                populous jurisdictions within the State.
                    ``(B) The chief election officials of the four 
                least populous jurisdictions within the State.
                    ``(C) Representatives from two disability advocacy 
                groups, including at least one such representative who 
                is an individual with a disability.
                    ``(D) Representatives from two older individual 
                advocacy groups, including at least one such 
                representative who is an older individual.
                    ``(E) Representatives from two independent non-
                governmental organizations with expertise in 
                establishing and maintaining accessible websites.
                    ``(F) Representatives from two independent non-
                governmental voting rights organizations.
                    ``(G) Representatives from State protection and 
                advocacy systems as defined in section 102 of the 
                Developmental Disabilities Assistance and Bill of 
                Rights Act of 2000 (42 U.S.C. 15002).
    ``(d) Partnership To Monitor and Verify Accessibility.--The chief 
State election official of each eligible State, through the committee 
of appropriate individuals under subsection (c)(2), shall partner with 
at least two of the following organizations to monitor and verify the 
accessibility of the election website and the completeness of the 
election information and the accuracy of the disability information 
provided on such website:
            ``(1) University Centers for Excellence in Developmental 
        Disabilities Education, Research, and Services designated under 
        section 151(a) of the Developmental Disabilities Assistance and 
        Bill of Rights Act of 2000 (42 U.S.C. 15061(a)).
            ``(2) Centers for Independent Living, as described in part 
        C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 
        796f et seq.).
            ``(3) A State Council on Developmental Disabilities 
        described in section 125 of the Developmental Disabilities 
        Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15025).
            ``(4) State protection and advocacy systems as defined in 
        section 102 of the Developmental Disabilities Assistance and 
        Bill of Rights Act of 2000 (42 U.S.C. 15002).
            ``(5) Statewide Independent Living Councils established 
        under section 705 of the Rehabilitation Act of 1973 (29 U.S.C. 
        796d).
            ``(6) State Assistive Technology Act Programs.
            ``(7) A visual access advocacy organization.
            ``(8) An organization for the deaf.
            ``(9) A mental health organization.
    ``(e) Definitions.--For purposes of this section, section 305, and 
section 307:
            ``(1) Accessible.--The term `accessible' means--
                    ``(A) in the case of the election website under 
                subsection (a) or an electronic communication under 
                section 305--
                            ``(i) that the functions and content of the 
                        website or electronic communication, including 
                        all text, visual, and aural content, are as 
                        accessible to people with disabilities as to 
                        those without disabilities;
                            ``(ii) that the functions and content of 
                        the website or electronic communication are 
                        accessible to individuals with limited 
                        proficiency in the English language; and
                            ``(iii) that the website or electronic 
                        communication meets, at a minimum, conformance 
                        to Level AA of the Web Content Accessibility 
                        Guidelines 2.0 of the Web Accessibility 
                        Initiative (or any successor guidelines); and
                    ``(B) in the case of a facility (including a 
                polling place), that the facility is readily accessible 
                to and usable by individuals with disabilities and 
                older individuals, as determined under the 2010 ADA 
                Standards for Accessible Design adopted by the 
                Department of Justice (or any successor standards).
            ``(2) Individual with a disability.--The term `individual 
        with a disability' means an individual with a disability, as 
        defined in section 3 of the Americans with Disabilities Act of 
        1990 (42 U.S.C. 12102), and who is otherwise qualified to vote 
        in elections for Federal office.
            ``(3) Older individual.--The term `older individual' means 
        an individual who is 60 years of age or older and who is 
        otherwise qualified to vote in elections for Federal office.''.
    (b) Voluntary Guidance.--Section 321(b)(4) such Act (52 U.S.C. 
21101(b)), as added and redesignated by section 1101(b), is amended by 
striking ``section 306'' and inserting ``sections 306 and 307''.
    (c) Clerical Amendments.--The table of contents of such Act, as 
amended by section 1031(c), section 1044(b), and section 1101(c), is 
amended--
            (1) by redesignating the items relating to sections 307 and 
        308 as relating to sections 308 and 309, respectively; and
            (2) by inserting after the item relating to section 306 the 
        following new item:

``Sec. 307. Establishment and maintenance of accessible election 
                            websites.''.

SEC. 1103. PROTECTIONS FOR IN-PERSON VOTING FOR INDIVIDUALS WITH 
              DISABILITIES AND OLDER INDIVIDUALS.

    (a) Requirement.--
            (1) In general.--Subtitle A of title III of the Help 
        America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended 
        by section 1031(a), section 1044(a), section 1101(a), and 
        section 1102(a), is amended--
                    (A) by redesignating sections 308 and 309 as 
                sections 309 and 310, respectively; and
                    (B) by inserting after section 307 the following:

``SEC. 308. ACCESS TO VOTING FOR INDIVIDUALS WITH DISABILITIES AND 
              OLDER INDIVIDUALS.

    ``(a) In General.--Each State shall--
            ``(1) ensure all polling places within the State are 
        accessible, as defined in section 306;
            ``(2) consider procedures to address long wait times at 
        polling places that allow individuals with disabilities and 
        older individuals alternate options to cast a ballot in person 
        in an election for Federal office, such as the option to cast a 
        ballot outside of the polling place or from a vehicle, or 
        providing an expedited voting line; and
            ``(3) consider options to establish `mobile polling sites' 
        to allow election officials or volunteers to travel to long-
        term care facilities and assist residents who request 
        assistance in casting a ballot in order to maintain the privacy 
        and independence of voters in these facilities.
    ``(b) Clarification.--Nothing in this section may be construed to 
alter the requirements under Federal law that all polling places for 
Federal elections are accessible to individuals with disabilities and 
older individuals.
    ``(c) Effective Date.--This section shall apply with respect to 
elections for Federal office held on or after January 1, 2024.''.
            (2) Voluntary guidance.--Section 321(b)(4) such Act (52 
        U.S.C. 21101(b)), as added and redesignated by section 1101(b) 
        and as amended by section 1102(b), is amended by striking ``and 
        307'' and inserting ``, 307, and 308''.
            (3) Clerical amendments.--The table of contents of such 
        Act, as amended by section 1031(c), section 1044(b), section 
        1101(c), and section 1102(c), is amended--
                    (A) by redesignating the items relating to sections 
                308 and 309 as relating to sections 309 and 310, 
                respectively; and
                    (B) by inserting after the item relating to section 
                307 the following new item:

``Sec. 308. Access to voting for individuals with disabilities and 
                            older individuals.''.
    (b) Revisions to Voting Accessibility for the Elderly and 
Handicapped Act.--
            (1) Reports to election assistance commission.--Section 
        3(c) of the Voting Accessibility for the Elderly and 
        Handicapped Act (52 U.S.C. 20102(c)) is amended--
                    (A) in the subsection heading, by striking 
                ``Federal Election Commission'' and inserting 
                ``Election Assistance Commission'';
                    (B) in each of paragraphs (1) and (2), by striking 
                ``Federal Election Commission'' and inserting 
                ``Election Assistance Commission''; and
                    (C) by striking paragraph (3).
            (2) Conforming amendments relating to references.--The 
        Voting Accessibility for the Elderly and Handicapped Act (52 
        U.S.C. 20101 et seq.), as amended by paragraph (1), is 
        amended--
                    (A) by striking ``handicapped and elderly 
                individuals'' each place it appears and inserting 
                ``individuals with disabilities and older 
                individuals'';
                    (B) by striking ``handicapped and elderly voters'' 
                each place it appears and inserting ``individuals with 
                disabilities and older individuals'';
                    (C) in section 3(b)(2)(B), by striking 
                ``handicapped or elderly voter'' and inserting 
                ``individual with a disability or older individual'';
                    (D) in section 5(b), by striking ``handicapped 
                voter'' and inserting ``individual with a disability''; 
                and
                    (E) in section 8--
                            (i) by striking paragraphs (1) and (2) and 
                        inserting the following:
            ``(1) `accessible' has the meaning given that term in 
        section 307 of the Help America Vote Act of 2002, as added by 
        section 1102(a) of the Freedom to Vote Act;
            ``(2) `older individual' has the meaning given that term in 
        such section 307;''; and
                            (ii) by striking paragraph (4), and 
                        inserting the following:
            ``(4) `individual with a disability' has the meaning given 
        that term in such section 306; and''.
            (3) Short title amendment.--
                    (A) In general.--Section 1 of the ``Voting 
                Accessibility for the Elderly and Handicapped Act'' 
                (Public Law 98-435; 42 U.S.C. 1973ee note) is amended 
                by striking ``for the Elderly and Handicapped'' and 
                inserting ``for Individuals with Disabilities and Older 
                Individuals''.
                    (B) References.--Any reference in any other 
                provision of law, regulation, document, paper, or other 
                record of the United States to the ``Voting 
                Accessibility for the Elderly and Handicapped Act'' 
                shall be deemed to be a reference to the ``Voting 
                Accessibility for Individuals with Disabilities and 
                Older Individuals Act''.
            (4) Effective date.--The amendments made by this subsection 
        shall take effect on January 1, 2024, and apply to with respect 
        to elections for Federal office held on or after that date.

SEC. 1104. PROTECTIONS FOR INDIVIDUALS SUBJECT TO GUARDIANSHIP.

    (a) In General.--Subtitle A of title III of the Help America Vote 
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), 
section 1044(a), section 1101(a), section 1102(a), and section 
1103(a)(1), is amended--
            (1) by redesignating sections 309 and 310 as sections 310 
        and 311, respectively; and
            (2) by inserting after section 308 the following:

``SEC. 309. PROTECTIONS FOR INDIVIDUALS SUBJECT TO GUARDIANSHIP.

    ``(a) In General.--A State shall not determine that an individual 
lacks the capacity to vote in an election for Federal office on the 
ground that the individual is subject to guardianship, unless a court 
of competent jurisdiction issues a court order finding by clear and 
convincing evidence that the individual cannot communicate, with or 
without accommodations, a desire to participate in the voting process.
    ``(b) Effective Date.--This section shall apply with respect to 
elections for Federal office held on or after January 1, 2022.''.
    (b) Voluntary Guidance.--Section 321(b)(4) such Act (52 U.S.C. 
21101(b)), as added and redesignated by section 1101(b) and as amended 
by sections 1102 and 1103, is amended by striking ``and 308'' and 
inserting ``308, and 309''.
    (c) Clerical Amendments.--The table of contents of such Act, as 
amended by section 1031(c), section 1044(b), section 1101(c), section 
1102(c), and section 1103(a)(3), is amended--
            (1) by redesignating the items relating to sections 309 and 
        310 as relating to sections 310 and 311, respectively; and
            (2) by inserting after the item relating to section 308 the 
        following new item:

``Sec. 309. Protections for individuals subject to guardianship.''.

SEC. 1105. EXPANSION AND REAUTHORIZATION OF GRANT PROGRAM TO ASSURE 
              VOTING ACCESS FOR INDIVIDUALS WITH DISABILITIES.

    (a) Purposes of Payments.--Section 261(b) of the Help America Vote 
Act of 2002 (52 U.S.C. 21021(b)) is amended by striking paragraphs (1) 
and (2) and inserting the following:
            ``(1) making absentee voting and voting at home accessible 
        to individuals with the full range of disabilities (including 
        impairments involving vision, hearing, mobility, or dexterity) 
        through the implementation of accessible absentee voting 
        systems that work in conjunction with assistive technologies 
        for which individuals have access at their homes, independent 
        living centers, or other facilities;
            ``(2) making polling places, including the path of travel, 
        entrances, exits, and voting areas of each polling facility, 
        accessible to individuals with disabilities, including the 
        blind and visually impaired, in a manner that provides the same 
        opportunity for access and participation (including privacy and 
        independence) as for other voters; and
            ``(3) providing solutions to problems of access to voting 
        and elections for individuals with disabilities that are 
        universally designed and provide the same opportunities for 
        individuals with and without disabilities.''.
    (b) Reauthorization.--Section 264(a) of such Act (52 U.S.C. 
21024(a)) is amended by adding at the end the following new paragraph:
            ``(4) For fiscal year 2022 and each succeeding fiscal year, 
        such sums as may be necessary to carry out this part.''.
    (c) Period of Availability of Funds.--Section 264 of such Act (52 
U.S.C. 21024) is amended--
            (1) in subsection (b), by striking ``Any amounts'' and 
        inserting ``Except as provided in subsection (b), any 
        amounts''; and
            (2) by adding at the end the following new subsection:
    ``(c) Return and Transfer of Certain Funds.--
            ``(1) Deadline for obligation and expenditure.--In the case 
        of any amounts appropriated pursuant to the authority of 
        subsection (a) for a payment to a State or unit of local 
        government for fiscal year 2022 or any succeeding fiscal year, 
        any portion of such amounts which have not been obligated or 
        expended by the State or unit of local government prior to the 
        expiration of the 4-year period which begins on the date the 
        State or unit of local government first received the amounts 
        shall be transferred to the Commission.
            ``(2) Reallocation of transferred amounts.--
                    ``(A) In general.--The Commission shall use the 
                amounts transferred under paragraph (1) to make 
                payments on a pro rata basis to each covered payment 
                recipient described in subparagraph (B), which may 
                obligate and expend such payment for the purposes 
                described in section 261(b) during the 1-year period 
                which begins on the date of receipt.
                    ``(B) Covered payment recipients described.--In 
                subparagraph (A), a `covered payment recipient' is a 
                State or unit of local government with respect to 
                which--
                            ``(i) amounts were appropriated pursuant to 
                        the authority of subsection (a); and
                            ``(ii) no amounts were transferred to the 
                        Commission under paragraph (1).''.

SEC. 1106. FUNDING FOR PROTECTION AND ADVOCACY SYSTEMS.

    (a) Inclusion of System Serving American Indian Consortium.--
Section 291(a) of the Help America Vote Act of 2002 (52 U.S.C. 
21061(a)) is amended by striking ``of each State'' and inserting ``of 
each State and the eligible system serving the American Indian 
consortium (within the meaning of section 509(c)(1)(B) of the 
Rehabilitation Act of 1973 (29 U.S.C. 794e(c)(1)(B)))''.
    (b) Grant Amount.--Section 291(b) of the Help America Vote Act of 
2002 (52 U.S.C. 21061(b)) is amended--
            (1) by striking ``as set forth in subsections (c)(3)'' and 
        inserting ``as set forth in subsections (c)(1)(B) (regardless 
        of the fiscal year), (c)(3)''; and
            (2) by striking ``except that'' and all that follows and 
        inserting ``except that the amount of the grants to systems 
        referred to in subsection (c)(3)(B) of that section shall not 
        be less than $70,000 and the amount of the grants to systems 
        referred to in subsections (c)(1)(B) and (c)(4)(B) of that 
        section shall not be less than $35,000.''.

SEC. 1107. PILOT PROGRAMS FOR ENABLING INDIVIDUALS WITH DISABILITIES TO 
              REGISTER TO VOTE PRIVATELY AND INDEPENDENTLY AT 
              RESIDENCES.

    (a) Establishment of Pilot Programs.--The Election Assistance 
Commission (hereafter referred to as the ``Commission'') shall, subject 
to the availability of appropriations to carry out this section, make 
grants to eligible States to conduct pilot programs under which 
individuals with disabilities may use electronic means (including the 
internet and telephones utilizing assistive devices) to register to 
vote and to request and receive absentee ballots in a manner which 
permits such individuals to do so privately and independently at their 
own residences.
    (b) Reports.--
            (1) In general.--A State receiving a grant for a year under 
        this section shall submit a report to the Commission on the 
        pilot programs the State carried out with the grant with 
        respect to elections for public office held in the State during 
        the year.
            (2) Deadline.--A State shall submit a report under 
        paragraph (1) not later than 90 days after the last election 
        for public office held in the State during the year.
    (c) Eligibility.--A State is eligible to receive a grant under this 
section if the State submits to the Commission, at such time and in 
such form as the Commission may require, an application containing such 
information and assurances as the Commission may require.
    (d) Timing.--The Commission shall make the first grants under this 
section for pilot programs which will be in effect with respect to 
elections for Federal office held in 2022, or, at the option of a 
State, with respect to other elections for public office held in the 
State in 2022.
    (e) State Defined.--In this section, the term ``State'' includes 
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.

SEC. 1108. GAO ANALYSIS AND REPORT ON VOTING ACCESS FOR INDIVIDUALS 
              WITH DISABILITIES.

    (a) Analysis.--The Comptroller General of the United States shall 
conduct an analysis after each regularly scheduled general election for 
Federal office with respect to the following:
            (1) In relation to polling places located in houses of 
        worship or other facilities that may be exempt from 
        accessibility requirements under the Americans with 
        Disabilities Act--
                    (A) efforts to overcome accessibility challenges 
                posed by such facilities; and
                    (B) the extent to which such facilities are used as 
                polling places in elections for Federal office.
            (2) Assistance provided by the Election Assistance 
        Commission, Department of Justice, or other Federal agencies to 
        help State and local officials improve voting access for 
        individuals with disabilities during elections for Federal 
        office.
            (3) When accessible voting machines are available at a 
        polling place, the extent to which such machines--
                    (A) are located in places that are difficult to 
                access;
                    (B) malfunction; or
                    (C) fail to provide sufficient privacy to ensure 
                that the ballot of the individual cannot be seen by 
                another individual.
            (4) The process by which Federal, State, and local 
        governments track compliance with accessibility requirements 
        related to voting access, including methods to receive and 
        address complaints.
            (5) The extent to which poll workers receive training on 
        how to assist individuals with disabilities, including the 
        receipt by such poll workers of information on legal 
        requirements related to voting rights for individuals with 
        disabilities.
            (6) The extent and effectiveness of training provided to 
        poll workers on the operation of accessible voting machines.
            (7) The extent to which individuals with a developmental or 
        psychiatric disability experience greater barriers to voting, 
        and whether poll worker training adequately addresses the needs 
        of such individuals.
            (8) The extent to which State or local governments employ, 
        or attempt to employ, individuals with disabilities to work at 
        polling sites.
    (b) Report.--
            (1) In general.--Not later than 9 months after the date of 
        a regularly scheduled general election for Federal office, the 
        Comptroller General shall submit to the appropriate 
        congressional committees a report with respect to the most 
        recent regularly scheduled general election for Federal office 
        that contains the following:
                    (A) The analysis required by subsection (a).
                    (B) Recommendations, as appropriate, to promote the 
                use of best practices used by State and local officials 
                to address barriers to accessibility and privacy 
                concerns for individuals with disabilities in elections 
                for Federal office.
            (2) Appropriate congressional committees.--For purposes of 
        this subsection, the term ``appropriate congressional 
        committees'' means--
                    (A) the Committee on House Administration of the 
                House of Representatives;
                    (B) the Committee on Rules and Administration of 
                the Senate;
                    (C) the Committee on Appropriations of the House of 
                Representatives; and
                    (D) the Committee on Appropriations of the Senate.

                        Subtitle C--Early Voting

SEC. 1201. EARLY VOTING.

    (a) Requirements.--Subtitle A of title III of the Help America Vote 
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), 
section 1044(a), section 1101(a), section 1102(a), section 1103(a), and 
section 1104(a), is amended--
            (1) by redesignating sections 310 and 311 as sections 311 
        and 312, respectively; and
            (2) by inserting after section 309 the following new 
        section:

``SEC. 310. EARLY VOTING.

    ``(a) Requiring Voting Prior to Date of Election.--Each State shall 
allow individuals to vote in an election for Federal office during an 
early voting period which occurs prior to the date of the election, in 
a manner that allows the individual to receive, complete, and cast 
their ballot in-person.
    ``(b) Minimum Early Voting Requirements.--
            ``(1) In general.--
                    ``(A) Length of period.--The early voting period 
                required under this subsection with respect to an 
                election shall consist of a period of consecutive days 
                (including weekends) which begins on the 15th day 
                before the date of the election (or, at the option of 
                the State, on a day prior to the 15th day before the 
                date of the election) and ends no earlier than the 
                second day before the date of the election.
                    ``(B) Hours for early voting.--Each polling place 
                which allows voting during an early voting period under 
                subparagraph (A) shall--
                            ``(i) allow such voting for no less than 10 
                        hours on each day during the period;
                            ``(ii) have uniform hours each day for 
                        which such voting occurs; and
                            ``(iii) allow such voting to be held for 
                        some period of time prior to 9:00 a.m (local 
                        time) and some period of time after 5:00 p.m. 
                        (local time).
            ``(2) Requirements for vote-by-mail jurisdictions.--In the 
        case of a jurisdiction that sends every registered voter a 
        ballot by mail--
                    ``(A) paragraph (1) shall not apply;
                    ``(B) such jurisdiction shall allow eligible 
                individuals to vote during an early voting period that 
                ensures voters are provided the greatest opportunity to 
                cast ballots ahead of election day and which includes 
                at least one consecutive Saturday and Sunday; and
                    ``(C) each polling place which allows voting during 
                an early voting period under subparagraph (B) shall 
                allow such voting--
                            ``(i) during the election office's regular 
                        business hours; and
                            ``(ii) for a period of not less than 8 
                        hours on Saturdays and Sundays included in the 
                        early voting period.
            ``(3) Requirements for small jurisdictions.--
                    ``(A) In general.--In the case of a jurisdiction 
                described in subparagraph (B), paragraph (1)(B) shall 
                not apply so long as all eligible individuals in the 
                jurisdiction have the opportunity to vote--
                            ``(i) at each polling place which allows 
                        voting during the early voting period described 
                        in paragraph (1)(A)--
                                    ``(I) during the election office's 
                                regular business hours; and
                                    ``(II) for a period of not less 
                                than 8 hours on at least one Saturday 
                                and at least one Sunday included in the 
                                early voting period; or
                            ``(ii) at one or more polling places in the 
                        county in which such jurisdiction is located 
                        that allows voting during the early voting 
                        period described in paragraph (1)(A) in 
                        accordance with the requirements under 
                        paragraph (1)(B).
                    ``(B) Jurisdiction described.--A jurisdiction is 
                described in this subparagraph if such jurisdiction--
                            ``(i) had less than 3,000 registered voters 
                        at the time of the most recent prior election 
                        for Federal office; and
                            ``(ii) consists of a geographic area that 
                        is smaller than the jurisdiction of the county 
                        in which such jurisdiction is located.
            ``(4) Rule of construction.--Nothing in this subsection 
        shall be construed--
                    ``(A) to limit the availability of additional 
                temporary voting sites which provide voters more 
                opportunities to cast their ballots but which do not 
                meet the requirements of this subsection;
                    ``(B) to limit a polling place from being open for 
                additional hours outside of the uniform hours set for 
                the polling location on any day of the early voting 
                period; or
                    ``(C) to limit a State or jurisdiction from 
                offering early voting on the Monday before election 
                day.
    ``(c) Location of Polling Places.--
            ``(1) Proximity to public transportation.--To the greatest 
        extent practicable, each State and jurisdiction shall ensure 
        that each polling place which allows voting during an early 
        voting period under subsection (b) is located within walking 
        distance of a stop on a public transportation route.
            ``(2) Availability in rural areas.--In the case of a 
        jurisdiction that includes a rural area, the State or 
        jurisdiction shall--
                    ``(A) ensure that polling places which allow voting 
                during an early voting period under subsection (b) will 
                be located in such rural areas; and
                    ``(B) ensure that such polling places are located 
                in communities which will provide the greatest 
                opportunity for residents of rural areas to vote during 
                the early voting period.
            ``(3) College campuses.--In the case of a jurisdiction that 
        includes an institution of higher education, the State or 
        jurisdiction shall--
                    ``(A) ensure that an appropriate number (not less 
                than one) of polling places which allow voting during 
                the early voting period under subsection (b) will be 
                located on the campus of the institution of higher 
                education; and
                    ``(B) ensure that such polling places provide the 
                greatest opportunity for residents of the jurisdiction 
                to vote.
    ``(d) Standards.--Not later than June 30, 2022, the Commission 
shall issue voluntary standards for the administration of voting during 
voting periods which occur prior to the date of a Federal election. 
Subject to subsection (c), such voluntary standards shall include the 
nondiscriminatory geographic placement of polling places at which such 
voting occurs.
    ``(e) Ballot Processing and Scanning Requirements.--
            ``(1) In general.--Each State or jurisdiction shall begin 
        processing and scanning ballots cast during in-person early 
        voting for tabulation not later than the date that is 14 days 
        prior to the date of the election involved, except that a State 
        or jurisdiction may begin processing and scanning ballots cast 
        during in-person early voting for tabulation after such date if 
        the date on which the State or jurisdiction begins such 
        processing and scanning ensures, to the greatest extent 
        practical, that ballots cast before the date of the election 
        are processed and scanned before the date of the election.
            ``(2) Limitation.--Nothing in this subsection shall be 
        construed--
                    ``(A) to permit a State or jurisdiction to tabulate 
                ballots in an election before the closing of the polls 
                on the date of the election unless such tabulation is a 
                necessary component of preprocessing in the State or 
                jurisdiction and is performed in accordance with 
                existing State law; or
                    ``(B) to permit an official to make public any 
                results of tabulation and processing before the closing 
                of the polls on the date of the election.
    ``(f) Effective Date.--This section shall apply with respect to the 
regularly scheduled general election for Federal office held in 
November 2022 and each succeeding election for Federal office.''.
    (b) Conforming Amendments Relating to Issuance of Voluntary 
Guidance by Election Assistance Commission.--Section 321(b) of such Act 
(52 U.S.C. 21101(b)), as redesignated and amended by section 1101(b), 
is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(5) except as provided in paragraph (4), in the case of 
        the recommendations with respect to any section added by the 
        Freedom to Vote Act, June 30, 2022.''.
    (c) Clerical Amendments.--The table of contents of such Act, as 
amended by section 1031(c), section 1044(b), section 1101(c), section 
1102(c), section 1103(a), and section 1104(c), is amended--
            (1) by redesignating the items relating to sections 310 and 
        311 as relating to sections 311 and 312, respectively; and
            (2) by inserting after the item relating to section 309 the 
        following new item:

``Sec. 310. Early voting.''.

                       Subtitle D--Voting by Mail

SEC. 1301. VOTING BY MAIL.

    (a) In General.--
            (1) Requirements.--Subtitle A of title III of the Help 
        America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended 
        by section 1031(a), section 1044(a), section 1101(a), section 
        1102(a), section 1103(a), section 1104(a), and section 1201(a), 
        is amended--
                    (A) by redesignating sections 311 and 312 as 
                sections 312 and 313, respectively; and
                    (B) by inserting after section 310 the following 
                new section:

``SEC. 311. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL.

    ``(a) Uniform Availability of Absentee Voting to All Voters.--
            ``(1) In general.--If an individual in a State is eligible 
        to cast a vote in an election for Federal office, the State may 
        not impose any additional conditions or requirements on the 
        eligibility of the individual to cast the vote in such election 
        by absentee ballot by mail.
            ``(2) Administration of voting by mail.--
                    ``(A) Prohibiting identification requirement as 
                condition of obtaining or casting ballot.--A State may 
                not require an individual to submit any form of 
                identifying document as a condition of obtaining or 
                casting an absentee ballot, except that nothing in this 
                subparagraph may be construed to prevent a State from 
                requiring--
                            ``(i) the information required to complete 
                        an application for voter registration for an 
                        election for Federal office under section 
                        303(a)(5)(A), provided that a State may not 
                        deny a voter a ballot or the opportunity to 
                        cast it on the grounds that the voter does not 
                        possess a current and valid driver's license 
                        number or a social security number; or
                            ``(ii) a signature of the individual or 
                        similar affirmation as a condition of obtaining 
                        or casting an absentee ballot.
                    ``(B) Prohibiting faulty matching requirements for 
                identifying information.--A State may not deny a voter 
                an absentee ballot or reject an absentee ballot cast by 
                a voter--
                            ``(i) on the grounds that the voter 
                        provided a different form of identifying 
                        information under subparagraph (A) than the 
                        voter originally provided when registering to 
                        vote or when requesting an absentee ballot; or
                            ``(ii) due to an error in, or omission of, 
                        identifying information required by a State 
                        under subparagraph (A), if such error or 
                        omission is not material to an individual's 
                        eligibility to vote under section 2004(a)(2)(B) 
                        of the Revised Statutes (52 U.S.C. 
                        10101(a)(2)(B)).
                    ``(C) Prohibiting requirement to provide 
                notarization or witness signature as condition of 
                obtaining or casting ballot.--A State may not require 
                notarization or witness signature or other formal 
                authentication (other than voter attestation) as a 
                condition of obtaining or casting an absentee ballot, 
                except that nothing in this subparagraph may be 
                construed to prohibit a State from enforcing a law 
                which has a witness signature requirement for a ballot 
                where a voter oath is attested to with a mark rather 
                than a voter's signature.
            ``(3) No effect on identification requirements for first-
        time voters registering by mail.--Nothing in this subsection 
        may be construed to exempt any individual described in 
        paragraph (1) of section 303(b) from meeting the requirements 
        of paragraph (2) of such section or to exempt an individual 
        described in paragraph (5)(A) of section 303(b) from meeting 
        the requirements of paragraph (5)(B).
    ``(b) Due Process Requirements for States Requiring Signature 
Verification.--
            ``(1) Requirement.--
                    ``(A) In general.--A State may not impose a 
                signature verification requirement as a condition of 
                accepting and counting a mail-in ballot or absentee 
                ballot submitted by any individual with respect to an 
                election for Federal office unless the State meets the 
                due process requirements described in paragraph (2).
                    ``(B) Signature verification requirement 
                described.--In this subsection, a `signature 
                verification requirement' is a requirement that an 
                election official verify the identification of an 
                individual by comparing the individual's signature on 
                the mail-in ballot or absentee ballot with the 
                individual's signature on the official list of 
                registered voters in the State or another official 
                record or other document used by the State to verify 
                the signatures of voters.
            ``(2) Due process requirements.--
                    ``(A) Notice and opportunity to cure discrepancy in 
                signatures.--If an individual submits a mail-in ballot 
                or an absentee ballot and the appropriate State or 
                local 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 State or other official record 
                or document used by the State to verify the signatures 
                of voters, such election official, prior to making a 
                final determination as to the validity of such ballot, 
                shall--
                            ``(i) as soon as practical, but no later 
                        than the next business day after such 
                        determination is made, make a good faith effort 
                        to notify the individual by mail, telephone, 
                        and (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 State or other official record or 
                                document used by the State to verify 
                                the signatures of voters; and
                                    ``(II) if such discrepancy is not 
                                cured prior to the expiration of the 
                                third day following the State's 
                                deadline for receiving mail-in ballots 
                                or absentee ballots, such ballot will 
                                not be counted; and
                            ``(ii) cure such discrepancy and count the 
                        ballot if, prior to the expiration of the third 
                        day following the State's deadline for 
                        receiving mail-in ballots or absentee ballots, 
                        the individual provides the official with 
                        information to cure such discrepancy, either in 
                        person, by telephone, or by electronic methods.
                    ``(B) Notice and opportunity to cure missing 
                signature or other defect.--If an individual submits a 
                mail-in ballot or an absentee ballot without a 
                signature or submits a mail-in ballot or an absentee 
                ballot with another defect which, if left uncured, 
                would cause the ballot to not be counted, the 
                appropriate State or local election official, prior to 
                making a final determination as to the validity of the 
                ballot, shall--
                            ``(i) as soon as practical, but no later 
                        than the next business day after such 
                        determination is made, make a good faith effort 
                        to notify the individual by mail, telephone, 
                        and (if available) text message and electronic 
                        mail that--
                                    ``(I) the ballot 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 third day following 
                                the State's deadline for receiving 
                                mail-in ballots or absentee ballots, 
                                such ballot will not be counted; and
                            ``(ii) count the ballot if, prior to the 
                        expiration of the third day following the 
                        State's deadline for receiving mail-in ballots 
                        or absentee ballots, the individual provides 
                        the official with the missing signature on a 
                        form proscribed by the State or cures the other 
                        defect.
                This subparagraph 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).
                    ``(C) Other requirements.--
                            ``(i) In general.--An election official may 
                        not make a determination that a discrepancy 
                        exists between the signature on a mail-in 
                        ballot or an absentee ballot and the signature 
                        of the individual who submits the ballot on the 
                        official list of registered voters in the State 
                        or other official record or other document used 
                        by the State to verify the signatures of voters 
                        unless--
                                    ``(I) at least 2 election officials 
                                make the determination;
                                    ``(II) each official who makes the 
                                determination has received training in 
                                procedures used to verify signatures; 
                                and
                                    ``(III) of the officials who make 
                                the determination, at least one is 
                                affiliated with the political party 
                                whose candidate received the most votes 
                                in the most recent statewide election 
                                for Federal office held in the State 
                                and at least one is affiliated with the 
                                political party whose candidate 
                                received the second most votes in the 
                                most recent statewide election for 
                                Federal office held in the State.
                            ``(ii) Exception.--Clause (i)(III) shall 
                        not apply to any State in which, under a law 
                        that is in effect continuously on and after the 
                        date of enactment of this section, 
                        determinations regarding signature 
                        discrepancies are made by election officials 
                        who are not affiliated with a political party.
            ``(3) Report.--
                    ``(A) In general.--Not later than 120 days after 
                the end of a Federal election cycle, each chief State 
                election official shall submit to the Commission a 
                report containing the following information for the 
                applicable Federal election cycle in the State:
                            ``(i) The number of ballots invalidated due 
                        to a discrepancy under this subsection.
                            ``(ii) Description of attempts to contact 
                        voters to provide notice as required by this 
                        subsection.
                            ``(iii) Description of the cure process 
                        developed by such State pursuant to this 
                        subsection, including the number of ballots 
                        determined valid as a result of such process.
                    ``(B) Submission to congress.--Not later than 10 
                days after receiving a report under subparagraph (A), 
                the Commission shall transmit such report to Congress.
                    ``(C) Federal election cycle defined.--For purposes 
                of this subsection, the term `Federal election cycle' 
                means, with respect to any regularly scheduled election 
                for Federal office, the period beginning on the day 
                after the date of the preceding regularly scheduled 
                general election for Federal office and ending on the 
                date of such regularly scheduled general election.
            ``(4) Rule of construction.--Nothing in this subsection 
        shall be construed--
                    ``(A) to prohibit a State from rejecting a ballot 
                attempted to be cast in an election for Federal office 
                by an individual who is not eligible to vote in the 
                election; or
                    ``(B) to prohibit a State from providing an 
                individual with more time and more methods for curing a 
                discrepancy in the individual's signature, providing a 
                missing signature, or curing any other defect than the 
                State is required to provide under this subsection.
    ``(c) Applications for Absentee Ballots.--
            ``(1) In general.--In addition to such other methods as the 
        State may establish for an individual to apply for an absentee 
        ballot, each State shall permit an individual to submit an 
        application for an absentee ballot online.
            ``(2) Treatment of websites.--A State shall be considered 
        to meet the requirements of paragraph (1) if the website of the 
        appropriate State or local election official allows an 
        application for an absentee ballot to be completed and 
        submitted online and if the website permits the individual--
                    ``(A) to print the application so that the 
                individual may complete the application and return it 
                to the official; or
                    ``(B) to request that a paper copy of the 
                application be transmitted to the individual by mail or 
                electronic mail so that the individual may complete the 
                application and return it to the official.
            ``(3) Ensuring delivery prior to election.--
                    ``(A) In general.--If an individual who is eligible 
                to vote in an election for Federal office submits an 
                application for an absentee ballot in the election and 
                such application is received by the appropriate State 
                or local election official not later than 13 days 
                (excluding Saturdays, Sundays, and legal public 
                holidays) before the date of the election, the election 
                official shall ensure that the ballot and related 
                voting materials are promptly mailed to the individual.
                    ``(B) Applications received close to election 
                day.--If an individual who is eligible to vote in an 
                election for Federal office submits an application for 
                an absentee ballot in the election and such application 
                is received by the appropriate State or local election 
                official after the date described in subparagraph (A) 
                but not later than 7 days (excluding Saturdays, 
                Sundays, and legal public holidays) before the date of 
                the election, the election official shall, to the 
                greatest extent practical, ensure that the ballot and 
                related voting materials are mailed to the individual 
                within 1 business day of the receipt of the 
                application.
                    ``(C) Rule of construction.--Nothing in this 
                paragraph shall preclude a State or local jurisdiction 
                from allowing for the acceptance and processing of 
                absentee ballot applications submitted or received 
                after the date described in subparagraph (B).
            ``(4) Application for all future elections.--
                    ``(A) In general.--At the option of an individual, 
                the individual's application to vote by absentee ballot 
                by mail in an election for Federal office shall be 
                treated as an application for an absentee ballot by 
                mail in all subsequent elections for Federal office 
                held in the State.
                    ``(B) Duration of treatment.--
                            ``(i) In general.--In the case of an 
                        individual who is treated as having applied for 
                        an absentee ballot for all subsequent elections 
                        for Federal office held in the State under 
                        subparagraph (A), such treatment shall remain 
                        effective until the earlier of such time as--
                                    ``(I) the individual is no longer 
                                registered to vote in the State; or
                                    ``(II) the individual provides an 
                                affirmative written notice revoking 
                                such treatment.
                            ``(ii) Prohibition on revocation based on 
                        failure to vote.--The treatment of an 
                        individual as having applied for an absentee 
                        ballot for all subsequent elections held in the 
                        State under subparagraph (A) shall not be 
                        revoked on the basis that the individual has 
                        not voted in an election.
    ``(d) Accessibility for Individuals With Disabilities.--Each State 
shall ensure that all absentee ballot applications, absentee ballots, 
and related voting materials in elections for Federal office are 
accessible to individuals with disabilities in a manner that provides 
the same opportunity for access and participation (including with 
privacy and independence) as for other voters.
    ``(e) Uniform Deadline for Acceptance of Mailed Ballots.--
            ``(1) In general.--A State or local election official may 
        not refuse to accept or process a ballot submitted by an 
        individual by mail with respect to an election for Federal 
        office in the State on the grounds that the individual did not 
        meet a deadline for returning the ballot to the appropriate 
        State or local election official if--
                    ``(A) the ballot is postmarked or otherwise 
                indicated by the United States Postal Service to have 
                been mailed on or before the date of the election, or 
                has been signed by the voter on or before the date of 
                the election; and
                    ``(B) the ballot is received by the appropriate 
                election official prior to the expiration of the 7-day 
                period which begins on the date of the election.
            ``(2) Rule of construction.--Nothing in this subsection 
        shall be construed to prohibit a State from having a law that 
        allows for counting of ballots in an election for Federal 
        office that are received through the mail after the date that 
        is 7 days after the date of the election.
    ``(f) Alternative Methods of Returning Ballots.--In addition to 
permitting an individual to whom a ballot in an election was provided 
under this section to return the ballot to an election official by 
mail, each State shall permit the individual to cast the ballot by 
delivering the ballot at such times and to such locations as the State 
may establish, including--
            ``(1) permitting the individual to deliver the ballot to a 
        polling place within the jurisdiction in which the individual 
        is registered or otherwise eligible to vote on any date on 
        which voting in the election is held at the polling place; and
            ``(2) permitting the individual to deliver the ballot to a 
        designated ballot drop-off location, a tribally designated 
        building, or the office of a State or local election official.
    ``(g) Ballot Processing and Scanning Requirements.--
            ``(1) In general.--Each State or jurisdiction shall begin 
        processing and scanning ballots cast by mail for tabulation not 
        later than the date that is 14 days prior to the date of the 
        election involved, except that a State may begin processing and 
        scanning ballots cast by mail for tabulation after such date if 
        the date on which the State begins such processing and scanning 
        ensures, to the greatest extent practical, that ballots cast 
        before the date of the election are processed and scanned 
        before the date of the election.
            ``(2) Limitation.--Nothing in this subsection shall be 
        construed--
                    ``(A) to permit a State to tabulate ballots in an 
                election before the closing of the polls on the date of 
                the election unless such tabulation is a necessary 
                component of preprocessing in the State and is 
                performed in accordance with existing State law; or
                    ``(B) to permit an official to make public any 
                results of tabulation and processing before the closing 
                of the polls on the date of the election.
    ``(h) Prohibiting Restrictions on Distribution of Absentee Ballot 
Applications by Third Parties.--A State may not prohibit any person 
from providing an application for an absentee ballot in the election to 
any individual who is eligible to vote in the election.
    ``(i) Rule of Construction.--Nothing in this section shall be 
construed to affect the authority of States to conduct elections for 
Federal office through the use of polling places at which individuals 
cast ballots.
    ``(j) No Effect on Ballots Submitted by Absent Military and 
Overseas Voters.--Nothing in this section may be construed to affect 
the treatment of any ballot submitted 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.).
    ``(k) Effective Date.--This section shall apply with respect to the 
regularly scheduled general election for Federal office held in 
November 2022 and each succeeding election for Federal office.''.
            (2) Clerical amendments.--The table of contents of such 
        Act, as amended by section 1031(c), section 1044(b), section 
        1101(c), section 1102(c), section 1103(a), section 1104(c), and 
        section 1201(c), is amended--
                    (A) by redesignating the items relating to sections 
                311 and 312 as relating to sections 312 and 313, 
                respectively; and
                    (B) by inserting after the item relating to section 
                310 the following new item:

``Sec. 311. Promoting ability of voters to vote by mail.''.
    (b) Same-day Processing of Absentee Ballots.--
            (1) In general.--Chapter 34 of title 39, United States 
        Code, is amended by adding at the end the following:
``Sec. 3407. Same-day processing of ballots
    ``(a) In General.--The Postal Service shall ensure, to the maximum 
extent practicable, that any ballot carried by the Postal Service is 
processed by and cleared from any postal facility or post office on the 
same day that the ballot is received by that facility or post office.
    ``(b) Definitions.--As used in this section--
            ``(1) the term `ballot' means any ballot transmitted by a 
        voter by mail in an election for Federal office, but does not 
        include any ballot covered by section 3406; and
            ``(2) the term `election for Federal office' means a 
        general, special, primary, or runoff election for the office of 
        President or Vice President, or of Senator or Representative 
        in, or Delegate or Resident Commissioner to, the Congress.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 34 of title 39, United States Code, is 
        amended by adding at the end the following:

``3407. Same-day processing of ballots.''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to absentee ballots relating to an election for 
        Federal office occurring on or after January 1, 2022.
    (c) Development of Alternative Verification Methods.--
            (1) Development of standards.--The National Institute of 
        Standards, in consultation with the Election Assistance 
        Commission, shall develop standards for the use of alternative 
        methods which could be used in place of signature verification 
        requirements for purposes of verifying the identification of an 
        individual voting by mail-in or absentee ballot in elections 
        for Federal office.
            (2) Public notice and comment.--The National Institute of 
        Standards shall solicit comments from the public in the 
        development of standards under paragraph (1).
            (3) Deadline.--Not later than 2 years after the date of the 
        enactment of this Act, the National Institute of Standards 
        shall publish the standards developed under paragraph (1).

SEC. 1302. BALLOTING MATERIALS TRACKING PROGRAM.

    (a) In General.--
            (1) Requirements.--Subtitle A of title III of the Help 
        America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended 
        by section 1031(a), section 1044(a), section 1101(a), section 
        1102(a), section 1103(a), section 1104(a), section 1201(a), and 
        section 1301(a), is amended--
                    (A) by redesignating sections 312 and 313 as 
                sections 313 and 314, respectively; and
                    (B) by inserting after section 311 the following 
                new section:

``SEC. 312. BALLOT MATERIALS TRACKING PROGRAM.

    ``(a) Requirement.--Each State shall carry out a program to track 
and confirm the receipt of mail-in ballots and absentee ballots in an 
election for Federal office under which the State or local election 
official responsible for the receipt of such voted ballots in the 
election carries out procedures to track and confirm the receipt of 
such ballots, and makes information on the receipt of such ballots 
available to the individual who cast the ballot.
    ``(b) Means of Carrying Out Program.--A State may meet the 
requirements of subsection (a)--
            ``(1) through a program--
                    ``(A) which is established by the State;
                    ``(B) under which the State or local election 
                official responsible for the receipt of voted mail-in 
                ballots and voted absentee ballots in the election--
                            ``(i) carries out procedures to track and 
                        confirm the receipt of such ballots; and
                            ``(ii) makes information on the receipt of 
                        such ballots available to the individual who 
                        cast the ballot; and
                    ``(C) which meets the requirements of subsection 
                (c); or
            ``(2) through the ballot materials tracking service 
        established under section 1302(b) of the Freedom to Vote Act.
    ``(c) State Program Requirements.--The requirements of this 
subsection are as follows:
            ``(1) Information on whether vote was accepted.--The 
        information referred to under subsection (b)(1)(B)(ii) with 
        respect to the receipt of mail-in ballot or an absentee ballot 
        shall include information regarding whether the vote cast on 
        the ballot was accepted, and, in the case of a vote which was 
        rejected, the reasons therefor.
            ``(2) Availability of information.--Information on whether 
        a ballot was accepted or rejected shall be available within 1 
        business day of the State accepting or rejecting the ballot.
            ``(3) Accessibility of information.--
                    ``(A) In general.--Except as provided under 
                subparagraph (B), the information provided under the 
                program shall be available by means of online access 
                using the internet site of the State or local election 
                office.
                    ``(B) Use of toll-free telephone number by 
                officials without internet site.--In the case of a 
                State or local election official whose office does not 
                have an internet site, the program shall require the 
                official to establish a toll-free telephone number that 
                may be used by an individual who cast an absentee 
                ballot to obtain the information required under 
                subsection (b)(1)(B).
    ``(d) Effective Date.--This section shall apply with respect to the 
regularly scheduled general election for Federal office held in 
November 2024 and each succeeding election for Federal office.''.
            (2) Conforming amendments.--Section 102 of the Uniformed 
        and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(a)) 
        is amended by striking subsection (h) and redesignating 
        subsection (i) as subsection (h).
    (b) Balloting Materials Tracking Service.--
            (1) In general.--Not later than January 1, 2024, the 
        Secretary of Homeland Security, in consultation with the Chair 
        of the Election Assistance Commission, the Postmaster General, 
        the Director of the General Services Administration, the 
        Presidential designee, and State election officials, shall 
        establish a balloting materials tracking service to be used by 
        State and local jurisdictions to inform voters on the status of 
        voter registration applications, absentee ballot applications, 
        absentee ballots, and mail-in ballots.
            (2) Information tracked.--The balloting materials tracking 
        service established under paragraph (1) shall provide to a 
        voter the following information with respect to that voter:
                    (A) In the case of balloting materials sent by 
                mail, tracking information from the United States 
                Postal Service and the Presidential designee on 
                balloting materials sent to the voter and, to the 
                extent feasible, returned by the voter.
                    (B) The date on which any request by the voter for 
                an application for voter registration or an absentee 
                ballot was received.
                    (C) The date on which any such requested 
                application was sent to the voter.
                    (D) The date on which any such completed 
                application was received from the voter and the status 
                of such application.
                    (E) The date on which any mail-in ballot or 
                absentee ballot was sent to the voter.
                    (F) The date on which any mail-in ballot or 
                absentee ballot was out for delivery to the voter.
                    (G) The date on which the post office processes the 
                ballot.
                    (H) The date on which the returned ballot was out 
                for delivery to the election office.
                    (I) Whether such ballot was accepted and counted, 
                and in the case of any ballot not counted, the reason 
                why the ballot was not counted.
        The information described in subparagraph (I) shall be 
        available not later than 1 day after a determination is made on 
        whether or not to accept and count the ballot.
            (3) Method of providing information.--The balloting 
        materials tracking service established under paragraph (1) 
        shall allow voters the option to receive the information 
        described in paragraph (2) through email (or other electronic 
        means) or through the mail.
            (4) Public availability of limited information.--
        Information described in subparagraphs (E), (G), and (I) of 
        paragraph (2) shall be made available to political parties and 
        political organizations, free of charge, for use, in accordance 
        with State guidelines and procedures, in helping to return or 
        cure mail-in ballots during any period in which mail-in ballots 
        may be returned.
            (5) Prohibition on fees.--The Director may not charge any 
        fee to a State or jurisdiction for use of the balloting 
        materials tracking service in connection with any Federal, 
        State, or local election.
            (6) Presidential designee.--For purposes of this 
        subsection, the term ``Presidential designee'' means the 
        Presidential designee under section 101(a) of the Uniformed and 
        Overseas Citizens Absentee Voting Act (52 U.S.C. 30201).
            (7) Authorization of appropriations.--There are authorized 
        to be appropriated to the Director such sums as are necessary 
        for purposes of carrying out this subsection.
    (c) Reimbursement for Costs Incurred by States in Establishing 
Program.--Subtitle D of title II of the Help America Vote Act of 2002 
(42 U.S.C. 15401 et seq.) is amended by adding at the end the following 
new part:

     ``PART 7--PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN 
 ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS

``SEC. 297. PAYMENTS TO STATES.

    ``(a) Payments for Costs of Program.--In accordance with this 
section, the Commission shall make a payment to a State to reimburse 
the State for the costs incurred in establishing the absentee ballot 
tracking program under section 312(b)(1) (including costs incurred 
prior to the date of the enactment of this part).
    ``(b) Certification of Compliance and Costs.--
            ``(1) Certification required.--In order to receive a 
        payment under this section, a State shall submit to the 
        Commission a statement containing--
                    ``(A) a certification that the State has 
                established an absentee ballot tracking program with 
                respect to elections for Federal office held in the 
                State; and
                    ``(B) a statement of the costs incurred by the 
                State in establishing the program.
            ``(2) Amount of payment.--The amount of a payment made to a 
        State under this section shall be equal to the costs incurred 
        by the State in establishing the absentee ballot tracking 
        program, as set forth in the statement submitted under 
        paragraph (1), except that such amount may not exceed the 
        product of--
                    ``(A) the number of jurisdictions in the State 
                which are responsible for operating the program; and
                    ``(B) $3,000.
            ``(3) Limit on number of payments received.--A State may 
        not receive more than one payment under this part.

``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization.--There are authorized to be appropriated to 
the Commission for fiscal year 2022 and each succeeding fiscal year 
such sums as may be necessary for payments under this part.
    ``(b) Continuing Availability of Funds.--Any amounts appropriated 
pursuant to the authorization under this section shall remain available 
until expended.''.
    (d) Clerical Amendments.--The table of contents of such Act, as 
amended by section 1031(c), 1044(b), section 1101(c), section 1102(c), 
section 1103(a), section 1104(c), section 1201(c), and section 1301(a), 
is amended--
            (1) by adding at the end of the items relating to subtitle 
        D of title II the following:

     ``PART 7--Payments to Reimburse States for Costs Incurred in 
 Establishing Program to Track and Confirm Receipt of Absentee Ballots

``Sec. 297. Payments to states.
``Sec. 297A. Authorization of appropriations.'';
            (2) by redesignating the items relating to sections 312 and 
        313 as relating to sections 313 and 314, respectively; and
            (3) by inserting after the item relating to section 311 the 
        following new item:

``Sec. 312. Absentee ballot tracking program.''.

SEC. 1303. ELECTION MAIL AND DELIVERY IMPROVEMENTS.

    (a) Postmark Required for Ballots.--
            (1) In general.--Chapter 34 of title 39, United States 
        Code, as amended by section 1301(b), is amended by adding at 
        the end the following:
``Sec. 3408. Postmark required for ballots
    ``(a) In General.--In the case of any absentee ballot carried by 
the Postal Service, the Postal Service shall indicate on the ballot 
envelope, using a postmark or otherwise--
            ``(1) the fact that the ballot was carried by the Postal 
        Service; and
            ``(2) the date on which the ballot was mailed.
    ``(b) Definitions.--As used in this section--
            ``(1) the term `absentee ballot' means any ballot 
        transmitted by a voter by mail in an election for Federal 
        office, but does not include any ballot covered by section 
        3406; and
            ``(2) the term `election for Federal office' means a 
        general, special, primary, or runoff election for the office of 
        President or Vice President, or of Senator or Representative 
        in, or Delegate or Resident Commissioner to, the Congress.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 34 of title 39, United States Code, as 
        amended by section 1301(b), is amended by adding at the end the 
        following:

``3408. Postmark required for ballots.''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to absentee ballots relating to an election for 
        Federal office occurring on or after January 1, 2022.
    (b) Greater Visibility for Ballots.--
            (1) In general.--Subtitle A of title III of the Help 
        America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended 
        by section 1031(a), section 1044(a), section 1101(a), section 
        1102(a), section 1103(a), section 1104(a), section 1201(a), 
        section 1301(a), and section 1302(a), is amended--
                    (A) by redesignating sections 313 and 314 as 
                sections 314 and 315, respectively; and
                    (B) by inserting after section 312 the following 
                new section:

``SEC. 313. BALLOT VISIBILITY.

    ``(a) In General.--Each State or local election official shall--
            ``(1) affix Tag 191, Domestic and International Mail-In 
        Ballots (or any successor tag designated by the United States 
        Postal Service), to any tray or sack of official ballots 
        relating to an election for Federal office that is destined for 
        a domestic or international address;
            ``(2) use the Official Election Mail logo to designate 
        official ballots relating to an election for Federal office 
        that is destined for a domestic or international address; and
            ``(3) if an intelligent mail barcode is utilized for any 
        official ballot relating to an election for Federal office that 
        is destined for a domestic or international address, ensure the 
        specific ballot service type identifier for such mail is 
        visible.
    ``(b) Effective Date.--The requirements of this section shall apply 
to elections for Federal office occurring on and after January 1, 
2022.''.
            (2) Voluntary guidance.--Section 321(b)(4) of such Act (52 
        U.S.C. 21101(b)), as added and redesignated by section 1101(b) 
        and as amended by sections 1102, 1103 and 1104, is amended by 
        striking ``and 309'' and inserting ``309, and 313''.
            (3) Clerical amendments.--The table of contents of such 
        Act, as amended by section 1031(c), section 1044(b), section 
        1101(c), section 1102(c), section 1103(a), section 1104(c), 
        section 1201(c), section 1301(a), and section 1302(a), is 
        amended--
                    (A) by redesignating the items relating to sections 
                313 and 314 as relating to sections 314 and 315; and
                    (B) by inserting after the item relating to section 
                312 the following new item:

``Sec. 313. Ballot visibility.''.

SEC. 1304. CARRIAGE OF ELECTION MAIL.

    (a) Treatment of Election Mail.--
            (1) Treatment as first-class mail; free postage.--Chapter 
        34 of title 39, United States Code, as amended by section 
        1301(b) and section 1303(a), is amended by adding at the end 
        the following:
``Sec. 3409. Domestic election mail; restriction of operational changes 
              prior to elections
    ``(a) Definition.--In this section, the term `election mail' 
means--
            ``(1) a blank or completed voter registration application 
        form, voter registration card, or similar materials, relating 
        to an election for Federal office;
            ``(2) a blank or completed absentee and other mail-in 
        ballot application form, and a blank or completed absentee or 
        other mail-in ballot, relating to an election for Federal 
        office, and
            ``(3) other materials relating to an election for Federal 
        office that are mailed by a State or local election official to 
        an individual who is registered to vote.
    ``(b) Carriage of Election Mail.--Election mail (other than 
balloting materials covered under section 3406 (relating to the 
Uniformed and Overseas Absentee Voting Act)), individually or in bulk, 
shall be carried in accordance with the service standards established 
for first-class mail under section 3691.
    ``(c) No Postage Required for Completed Ballots.--Completed 
absentee or other mail-in ballots (other than balloting materials 
covered under section 3406 (relating to the Uniformed and Overseas 
Absentee Voting Act)) shall be carried free of postage.
    ``(d) Restriction of Operational Changes.--During the 120-day 
period which ends on the date of an election for Federal office, the 
Postal Service may not carry out any new operational change that would 
restrict the prompt and reliable delivery of election mail. This 
subsection applies to operational changes which include--
            ``(1) removing or eliminating any mail collection box 
        without immediately replacing it; and
            ``(2) removing, decommissioning, or any other form of 
        stopping the operation of mail sorting machines, other than for 
        routine maintenance.
    ``(e) Election Mail Coordinator.--The Postal Service shall appoint 
an Election Mail Coordinator at each area office and district office to 
facilitate relevant information sharing with State, territorial, local, 
and Tribal election officials in regards to the mailing of election 
mail.''.
            (2) Reimbursement of postal service for revenue forgone.--
        Section 2401(c) of title 39, United States Code, is amended by 
        striking ``sections 3217 and 3403 through 3406'' and inserting 
        ``sections 3217, 3403 through 3406, and 3409''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 34 of title 39, United States Code, as amended by section 
1301(b) and section 1303(a), is amended by adding at the end the 
following:

``3409. Domestic election mail; restriction of operational changes 
                            prior to elections.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to election mail relating to an election for Federal office 
occurring on or after January 1, 2022.

SEC. 1305. REQUIRING STATES TO PROVIDE SECURED DROP BOXES FOR VOTED 
              BALLOTS IN ELECTIONS FOR FEDERAL OFFICE.

    (a) Requirement.--Subtitle A of title III of the Help America Vote 
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), 
section 1044(a), section 1101(a), section 1102(a), section 1103(a), 
section 1104(a), section 1201(a), section 1301(a), section 1302(a), and 
section 1303(b) is amended--
            (1) by redesignating sections 314 and 315 as sections 315 
        and 316, respectively; and
            (2) by inserting after section 313 the following new 
        section:

``SEC. 314. USE OF SECURED DROP BOXES FOR VOTED BALLOTS.

    ``(a) Requiring Use of Drop Boxes.--Each jurisdiction shall provide 
in-person, secured, and clearly labeled drop boxes at which individuals 
may, at any time during the period described in subsection (b), drop 
off voted ballots in an election for Federal office.
    ``(b) Minimum Period for Availability of Drop Boxes.--The period 
described in this subsection is, with respect to an election, the 
period which begins on the first day on which the jurisdiction sends 
mail-in ballots or absentee ballots (other than ballots for absent 
uniformed overseas voters (as defined in section 107(1) of the 
Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 
20310(1))) or overseas voters (as defined in section 107(5) of such Act 
(52 U.S.C. 20310(5)))) to voters for such election and which ends at 
the time the polls close for the election in the jurisdiction involved.
    ``(c) Accessibility.--
            ``(1) Hours of access.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), each drop box provided under this 
                section shall be accessible to voters for a reasonable 
                number of hours each day.
                    ``(B) 24-hour drop boxes.--
                            ``(i) In general.--Of the number of drop 
                        boxes provided in any jurisdiction, not less 
                        the required number shall be accessible for 24-
                        hours per day during the period described in 
                        subsection (b).
                            ``(ii) Required number.--The required 
                        number is the greater of--
                                    ``(I) 25 percent of the drop boxes 
                                required under subsection (d); or
                                    ``(II) 1 drop box.
            ``(2) Population.--
                    ``(A) In general.--Drop boxes provided under this 
                section shall be accessible for use--
                            ``(i) by individuals with disabilities, as 
                        determined in consultation with the protection 
                        and advocacy systems (as defined in section 102 
                        of the Developmental Disabilities Assistance 
                        and Bill of Rights Act of 2000 (42 U.S.C. 
                        15002)) of the State;
                            ``(ii) by individuals with limited 
                        proficiency in the English language; and
                            ``(iii) by homeless individuals (as defined 
                        in section 103 of the McKinney-Vento Homeless 
                        Assistance Act(42 U.S.C. 11302)) within the 
                        State.
                    ``(B) Determination of accessibility for 
                individuals with disabilities.--For purposes of this 
                paragraph, drop boxes shall be considered to be 
                accessible for use by individuals with disabilities if 
                the drop boxes meet such criteria as the Attorney 
                General may establish for such purposes.
                    ``(C) Rule of construction.--If a drop box provided 
                under this section is on the grounds of or inside a 
                building or facility which serves as a polling place 
                for an election during the period described in 
                subsection (b), nothing in this subsection may be 
                construed to waive any requirements regarding the 
                accessibility of such polling place for the use of 
                individuals with disabilities, individuals with limited 
                proficiency in the English language, or homeless 
                individuals.
    ``(d) Number of Drop Boxes.--Each jurisdiction shall have--
            ``(1) in the case of any election for Federal office prior 
        to the regularly scheduled general election for Federal office 
        held in November 2024, not less than 1 drop box for every 
        45,000 registered voters located in the jurisdiction; and
            ``(2) in the case of the regularly scheduled general 
        election for Federal office held in November 2024 and each 
        election for Federal office occurring thereafter, not less than 
        the greater of--
                    ``(A) 1 drop box for every 45,000 registered voters 
                located in the jurisdiction; or
                    ``(B) 1 drop box for every 15,000 votes that were 
                cast by mail in the jurisdiction in the most recent 
                general election that includes an election for the 
                office of President.
        In no case shall a jurisdiction have less than 1 drop box for 
        any election for Federal office.
    ``(e) Location of Drop Boxes.--The State shall determine the 
location of drop boxes provided under this section in a jurisdiction on 
the basis of criteria which ensure that the drop boxes are--
            ``(1) available to all voters on a non-discriminatory 
        basis;
            ``(2) accessible to voters with disabilities (in accordance 
        with subsection (c));
            ``(3) accessible by public transportation to the greatest 
        extent possible;
            ``(4) available during all hours of the day;
            ``(5) sufficiently available in all communities in the 
        jurisdiction, including rural communities and on Tribal lands 
        within the jurisdiction (subject to subsection (f)); and
            ``(6) geographically distributed to provide a reasonable 
        opportunity for voters to submit their voted ballot in a timely 
        manner.
    ``(f) Rules for Drop Boxes on Tribal Lands.--In making a 
determination of the number and location of drop boxes provided under 
this section on Tribal lands in a jurisdiction, the appropriate State 
and local election officials shall--
            ``(1) consult with Tribal leaders prior to making the 
        determination; and
            ``(2) take into account criteria such as the availability 
        of direct-to-door residential mail delivery, the distance and 
        time necessary to travel to the drop box locations (including 
        in inclement weather), modes of transportation available, 
        conditions of roads, and the availability (if any) of public 
        transportation.
    ``(g) Timing of Scanning and Processing of Ballots.--For purposes 
of section 311(g) (relating to the timing of the processing and 
scanning of ballots for tabulation), a vote cast using a drop box 
provided under this section shall be treated in the same manner as a 
ballot cast by mail.
    ``(h) Posting of Information.--On or adjacent to each drop box 
provided under this section, the State shall post information on the 
requirements that voted absentee ballots must meet in order to be 
counted and tabulated in the election.
    ``(i) Remote Surveillance.--Nothing in this section shall prohibit 
a State from providing for the security of drop boxes through remote or 
electronic surveillance.
    ``(j) Effective Date.--This section shall apply with respect to the 
regularly scheduled general election for Federal office held in 
November 2022 and each succeeding election for Federal office.''.
    (b) Clerical Amendments.--The table of contents of such Act, as 
amended by section 1031(c), section 1044(b), section 1101(c), section 
1102(c), section 1103(a), section 1104(c), section 1201(c), section 
1301(c), section 1302(a), and section 1303(b), is amended--
            (1) by redesignating the items relating to sections 314 and 
        315 as relating to sections 315 and 316, respectively; and
            (2) by inserting after the item relating to section 313 the 
        following new item:

``Sec. 314. Use of secured drop boxes for voted absentee ballots.''.

    Subtitle E--Absent Uniformed Services Voters and Overseas Voters

SEC. 1401. PRE-ELECTION REPORTS ON AVAILABILITY AND TRANSMISSION OF 
              ABSENTEE BALLOTS.

    Section 102(c) of the Uniformed and Overseas Citizens Absentee 
Voting Act (52 U.S.C. 20302(c)) is amended to read as follows:
    ``(c) Reports on Availability, Transmission, and Receipt of 
Absentee Ballots.--
            ``(1) Pre-election report on absentee ballot 
        availability.--Not later than 55 days before any regularly 
        scheduled general election for Federal office, each State shall 
        submit a report to the Attorney General certifying that 
        absentee ballots for the election are or will be available for 
        transmission to absent uniformed services voters and overseas 
        voters by not later than 46 days before the election. The 
        report shall be in a form prescribed by the Attorney General 
        and shall require the State to certify specific information 
        about ballot availability from each unit of local government 
        which will administer the election.
            ``(2) Pre-election report on absentee ballots 
        transmitted.--
                    ``(A) In general.--Not later than 43 days before 
                any election for Federal office held in a State, the 
                chief State election official of such State shall 
                submit a report containing the information in 
                subparagraph (B) to the Attorney General.
                    ``(B) Information reported.--The report under 
                subparagraph (A) shall consist of the following:
                            ``(i) The total number of absentee ballots 
                        validly requested by absent uniformed services 
                        voters and overseas voters whose requests were 
                        received by the 47th day before the election by 
                        each unit of local government within the State 
                        that will transmit absentee ballots.
                            ``(ii) The total number of ballots 
                        transmitted to such voters by the 46th day 
                        before the election by each unit of local 
                        government within the State that will 
                        administer the election.
                            ``(iii) Specific information about any late 
                        transmitted ballots.
                    ``(C) Requirement to supplement incomplete 
                information.--If the report under subparagraph (A) has 
                incomplete information on any items required to be 
                included in the report, the chief State election 
                official shall make all reasonable efforts to 
                expeditiously supplement the report with complete 
                information.
                    ``(D) Format.--The report under subparagraph (A) 
                shall be in a format prescribed by the Attorney General 
                in consultation with the chief State election officials 
                of each State.
            ``(3) Post-election report on number of absentee ballots 
        transmitted and received.--Not later than 90 days after the 
        date of each regularly scheduled general election for Federal 
        office, each State and unit of local government which 
        administered the election shall (through the State, in the case 
        of a unit of local government) submit a report to the Election 
        Assistance Commission on the combined number of absentee 
        ballots transmitted to absent uniformed services voters and 
        overseas voters for the election and the combined number of 
        such ballots which were returned by such voters and cast in the 
        election, and shall make such report available to the general 
        public that same day.''.

SEC. 1402. ENFORCEMENT.

    (a) Availability of Civil Penalties and Private Rights of Action.--
Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act 
(52 U.S.C. 20307) is amended to read as follows:

``SEC. 105. ENFORCEMENT.

    ``(a) Action by Attorney General.--The Attorney General may bring 
civil action in an appropriate district court for such declaratory or 
injunctive relief as may be necessary to carry out this title.
    ``(b) Private Right of Action.--A person who is aggrieved by a 
violation of this title may bring a civil action in an appropriate 
district court for such declaratory or injunctive relief as may be 
necessary to carry out this title.
    ``(c) State as Only Necessary Defendant.--In any action brought 
under this section, the only necessary party defendant is the State, 
and it shall not be a defense to any such action that a local election 
official or a unit of local government is not named as a defendant, 
notwithstanding that a State has exercised the authority described in 
section 576 of the Military and Overseas Voter Empowerment Act to 
delegate to another jurisdiction in the State any duty or 
responsibility which is the subject of an action brought under this 
section.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to violations alleged to have occurred on or after 
the date of the enactment of this Act.

SEC. 1403. TRANSMISSION REQUIREMENTS; REPEAL OF WAIVER PROVISION.

    (a) In General.--Paragraph (8) of section 102(a) of the Uniformed 
and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(a)) is 
amended to read as follows:
            ``(8) transmit a validly requested absentee ballot to an 
        absent uniformed services voter or overseas voter by the date 
        and in the manner determined under subsection (g);''.
    (b) Ballot Transmission Requirements and Repeal of Waiver 
Provision.--Subsection (g) of section 102 of such Act (52 U.S.C. 
20302(g)) is amended to read as follows:
    ``(g) Ballot Transmission Requirements.--
            ``(1) In general.--For purposes of subsection (a)(8), in 
        the case in which a valid request for an absentee ballot is 
        received at least 47 days before an election for Federal 
        office, the following rules shall apply:
                    ``(A) Transmission deadline.--The State shall 
                transmit the absentee ballot not later than 46 days 
                before the election.
                    ``(B) Special rules in case of failure to transmit 
                on time.--
                            ``(i) In general.--If the State fails to 
                        transmit any absentee ballot by the 46th day 
                        before the election as required by subparagraph 
                        (A) and the absent uniformed services voter or 
                        overseas voter did not request electronic 
                        ballot transmission pursuant to subsection (f), 
                        the State shall transmit such ballot by express 
                        delivery.
                            ``(ii) Extended failure.--If the State 
                        fails to transmit any absentee ballot by the 
                        41st day before the election, in addition to 
                        transmitting the ballot as provided in clause 
                        (i), the State shall--
                                    ``(I) in the case of absentee 
                                ballots requested by absent uniformed 
                                services voters with respect to 
                                regularly scheduled general elections, 
                                notify such voters of the procedures 
                                established under section 103A for the 
                                collection and delivery of marked 
                                absentee ballots; and
                                    ``(II) in any other case, provide 
                                for the return of such ballot by 
                                express delivery.
                            ``(iii) Cost of express delivery.--In any 
                        case in which express delivery is required 
                        under this subparagraph, the cost of such 
                        express delivery--
                                    ``(I) shall not be paid by the 
                                voter; and
                                    ``(II) if determined appropriate by 
                                the chief State election official, may 
                                be required by the State to be paid by 
                                a local jurisdiction.
                            ``(iv) Exception.--Clause (ii)(II) shall 
                        not apply when an absent uniformed services 
                        voter or overseas voter indicates the 
                        preference to return the late sent absentee 
                        ballot by electronic transmission in a State 
                        that permits return of an absentee ballot by 
                        electronic transmission.
                            ``(v) Enforcement.--A State's compliance 
                        with this subparagraph does not bar the 
                        Attorney General from seeking additional 
                        remedies necessary to fully resolve or prevent 
                        ongoing, future, or systematic violations of 
                        this provision or to effectuate the purposes of 
                        this Act.
                    ``(C) Special procedure in event of disaster.--If a 
                disaster (hurricane, tornado, earthquake, storm, 
                volcanic eruption, landslide, fire, flood, or 
                explosion), or an act of terrorism prevents the State 
                from transmitting any absentee ballot by the 46th day 
                before the election as required by subparagraph (A), 
                the chief State election official shall notify the 
                Attorney General as soon as practicable and take all 
                actions necessary, including seeking any necessary 
                judicial relief, to ensure that affected absent 
                uniformed services voters and overseas voters are 
                provided a reasonable opportunity to receive and return 
                their absentee ballots in time to be counted.
            ``(2) Requests received after 47th day before election.--
        For purposes of subsection (a)(8), in the case in which a valid 
        request for an absentee ballot is received less than 47 days 
        but not less than 30 days before an election for Federal 
        office, the State shall transmit the absentee ballot within one 
        business day of receipt of the request.''.

SEC. 1404. USE OF SINGLE ABSENTEE BALLOT APPLICATION FOR SUBSEQUENT 
              ELECTIONS.

    (a) In General.--Section 104 of the Uniformed and Overseas Citizens 
Absentee Voting Act (52 U.S.C. 20306) is amended to read as follows:

``SEC. 104. TREATMENT OF BALLOT REQUESTS.

    ``(a) In General.--If a State accepts and processes an official 
post card form (prescribed under section 101) submitted by an absent 
uniformed services voter or overseas voter for simultaneous voter 
registration and absentee ballot application (in accordance with 
section 102(a)(4)) and the voter requests that the application be 
considered an application for an absentee ballot for each subsequent 
election for Federal office held in the State through the end of the 
calendar year following the next regularly scheduled general election 
for Federal office, the State shall provide an absentee ballot to the 
voter for each such subsequent election.
    ``(b) Exception for Voters Changing Registration.--Subsection (a) 
shall not apply with respect to a voter registered to vote in a State 
for any election held after the voter notifies the State that the voter 
no longer wishes to be registered to vote in the State or after the 
State determines that the voter has registered to vote in another State 
or is otherwise no longer eligible to vote in the State.
    ``(c) Prohibition of Refusal of Application on Grounds of Early 
Submission.--A State may not refuse to accept or to process, with 
respect to any election for Federal office, any otherwise valid voter 
registration application or absentee ballot application (including the 
postcard form prescribed under section 101) submitted by an absent 
uniformed services voter or overseas voter on the grounds that the 
voter submitted the application before the first date on which the 
State otherwise accepts or processes such applications for that 
election which are submitted by absentee voters who are not members of 
the uniformed services or overseas citizens.''.
    (b) Requirement for Revision to Postcard Form.--
            (1) In general.--The Presidential designee shall ensure 
        that the official postcard form prescribed under section 
        101(b)(2) of the Uniformed and Overseas Citizens Absentee 
        Voting Act (52 U.S.C. 20301(b)(2)) enables a voter using the 
        form to--
                    (A) request an absentee ballot for each election 
                for Federal office held in a State through the end of 
                the calendar year following the next regularly 
                scheduled general election for Federal office; or
                    (B) request an absentee ballot for a specific 
                election or elections for Federal office held in a 
                State during the period described in subparagraph (A).
            (2) Presidential designee.--For purposes of this paragraph, 
        the term ``Presidential designee'' means the individual 
        designated under section 101(a) of the Uniformed and Overseas 
        Citizens Absentee Voting Act (52 U.S.C. 20301(a)).
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to voter registration and absentee ballot 
applications which are submitted to a State or local election official 
on or after the date of the enactment of this Act.

SEC. 1405. EXTENDING GUARANTEE OF RESIDENCY FOR VOTING PURPOSES TO 
              FAMILY MEMBERS OF ABSENT MILITARY PERSONNEL.

    Section 102 of the Uniformed and Overseas Citizens Absentee Voting 
Act (52 U.S.C. 20302), as amended by section 1302, is amended by adding 
at the end the following new subsection:
    ``(i) Guarantee of Residency for Spouses and Dependents of Absent 
Members of Uniformed Service.--For the purposes of voting in any 
election for any Federal office or any State or local office, a spouse 
or dependent of an individual who is an absent uniformed services voter 
described in subparagraph (A) or (B) of section 107(1) shall not, 
solely by reason of that individual's absence and without regard to 
whether or not such spouse or dependent is accompanying that 
individual--
            ``(1) be deemed to have lost a residence or domicile in 
        that State, without regard to whether or not that individual 
        intends to return to that State;
            ``(2) be deemed to have acquired a residence or domicile in 
        any other State; or
            ``(3) be deemed to have become a resident in or a resident 
        of any other State.''.

SEC. 1406. TECHNICAL CLARIFICATIONS TO CONFORM TO MILITARY AND OVERSEAS 
              VOTER EMPOWERMENT ACT AMENDMENTS RELATED TO THE FEDERAL 
              WRITE-IN ABSENTEE BALLOT.

    (a) In General.--Section 102(a)(3) of the Uniformed and Overseas 
Citizens Absentee Voting Act (52 U.S.C. 20302(a)(3)) is amended by 
striking ``general elections'' and inserting ``general, special, 
primary, and runoff elections''.
    (b) Conforming Amendment.--Section 103 of such Act (52 U.S.C. 
20303) is amended--
            (1) in subsection (b)(2)(B), by striking ``general''; and
            (2) in the heading thereof, by striking ``general''.

SEC. 1407. TREATMENT OF POST CARD REGISTRATION REQUESTS.

    Section 102 of the Uniformed and Overseas Citizens Absentee Voting 
Act (52 U.S.C. 20302), as amended by sections 1302 and 1405, is amended 
by adding at the end the following new subsection:
    ``(j) Treatment of Post Card Registrations.--A State shall not 
remove any absent uniformed services voter or overseas voter who has 
registered to vote using the official post card form (prescribed under 
section 101) from the official list of registered voters except in 
accordance with subparagraph (A), (B), or (C) of section 8(a)(3) of the 
National Voter Registration Act of 1993 (52 U.S.C. 20507).''.

SEC. 1408. PRESIDENTIAL DESIGNEE REPORT ON VOTER DISENFRANCHISEMENT.

    (a) In General.--Not later than 1 year of enactment of this Act, 
the Presidential designee shall submit to Congress a report on the 
impact of wide-spread mail-in voting on the ability of active duty 
military servicemembers to vote, how quickly their votes are counted, 
and whether higher volumes of mail-in votes makes it harder for such 
individuals to vote in elections for Federal elections.
    (b) Presidential Designee.--For purposes of this section, the term 
``Presidential designee'' means the individual designated under section 
101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (52 
U.S.C. 20301(a)).

SEC. 1409. EFFECTIVE DATE.

    Except as provided in section 1402(b) and section 1404(c), the 
amendments made by this subtitle shall apply with respect to elections 
occurring on or after January 1, 2022.

                 Subtitle F--Enhancement of Enforcement

SEC. 1501. ENHANCEMENT OF ENFORCEMENT OF HELP AMERICA VOTE ACT OF 2002.

    (a) Complaints; Availability of Private Right of Action.--Section 
401 of the Help America Vote Act of 2002 (52 U.S.C. 21111) is amended--
            (1) by striking ``The Attorney General'' and inserting 
        ``(a) In General.--The Attorney General''; and
            (2) by adding at the end the following new subsections:
    ``(b) Filing of Complaints by Aggrieved Persons.--A person who is 
aggrieved by a violation of title III which has occurred, is occurring, 
or is about to occur may file a written, signed, notarized complaint 
with the Attorney General describing the violation and requesting the 
Attorney General to take appropriate action under this section. The 
Attorney General shall immediately provide a copy of a complaint filed 
under the previous sentence to the entity responsible for administering 
the State-based administrative complaint procedures described in 
section 402(a) for the State involved.
    ``(c) Availability of Private Right of Action.--Any person who is 
authorized to file a complaint under subsection (b) (including any 
individual who seeks to enforce the individual's right to a voter-
verifiable paper ballot, the right to have the voter-verifiable paper 
ballot counted in accordance with this Act, or any other right under 
title III) may file an action under section 1979 of the Revised 
Statutes of the United States (42 U.S.C. 1983) to enforce the uniform 
and nondiscriminatory election technology and administration 
requirements under subtitle A of title III.
    ``(d) No Effect on State Procedures.--Nothing in this section may 
be construed to affect the availability of the State-based 
administrative complaint procedures required under section 402 to any 
person filing a complaint under this subsection.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to violations occurring with respect to elections 
for Federal office held in 2022 or any succeeding year.

  Subtitle G--Promoting Voter Access Through Election Administration 
                       Modernization Improvements

                     PART 1--PROMOTING VOTER ACCESS

SEC. 1601. MINIMUM NOTIFICATION REQUIREMENTS FOR VOTERS AFFECTED BY 
              POLLING PLACE CHANGES.

    (a) Requirements.--Section 302 of the Help America Vote Act of 2002 
(52 U.S.C. 21082) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Minimum Notification Requirements for Voters Affected by 
Polling Place Changes.--
            ``(1) Requirement for precinct-based polling.--
                    ``(A) In general.--If an applicable individual has 
                been assigned to a polling place that is different than 
                the polling place that such individual was assigned 
                with respect to the most recent past election for 
                Federal office in which the individual was eligible to 
                vote--
                            ``(i) the appropriate election official 
                        shall, not later than 2 days before the 
                        beginning of an early voting period--
                                    ``(I) notify the individual of the 
                                location of the polling place not later 
                                than 2 days before the beginning of an 
                                early voting period; and
                                    ``(II) post a general notice on the 
                                website of the State or jurisdiction, 
                                on social media platforms (if 
                                available), and on signs a the prior 
                                polling place; and
                            ``(ii) if such assignment is made after the 
                        date which is 2 days before the beginning of an 
                        early voting period and the individual appears 
                        on the date of the election at the polling 
                        place to which the individual was previously 
                        assigned, the jurisdiction shall make every 
                        reasonable effort to enable the individual to 
                        vote a ballot on the date of the election 
                        without the use of a provisional ballot.
                    ``(B) Applicable individual.--For purposes of 
                subparagraph (A), the term `applicable individual' 
                means, with respect to any election for Federal office, 
                any individual--
                            ``(i) who is registered to vote in a 
                        jurisdiction for such election and was 
                        registered to vote in such jurisdiction for the 
                        most recent past election for Federal office; 
                        and
                            ``(ii) whose voter registration address has 
                        not changed since such most recent past 
                        election for Federal office.
                    ``(C) Methods of notification.--The appropriate 
                election official shall notify an individual under 
                clause (i)(I) of subparagraph (A) by mail, telephone, 
                and (if available) text message and electronic mail.
            ``(2) Requirements for vote centers.--In the case of a 
        jurisdiction in which individual are not assigned to specific 
        polling places, not later than 2 days before the beginning of 
        an early voting period, the appropriate election official shall 
        notify each voter eligible to vote in such jurisdiction of the 
        location of all polling places at which the individual may 
        vote.
            ``(3) Notice with respect to closed polling places.--
                    ``(A) In general.--If a location which served as a 
                polling place for an election for Federal office in a 
                State does not serve as a polling place in the next 
                election for Federal office held in the State, the 
                State shall ensure that signs are posted at such 
                location on the date of the election and during any 
                early voting period for the election containing the 
                following information:
                            ``(i) A statement that the location is not 
                        serving as a polling place in the election.
                            ``(ii) The locations serving as polling 
                        places in the election in the jurisdiction 
                        involved.
                            ``(iii) The name and address of any 
                        substitute polling place serving the same 
                        precinct and directions from the former polling 
                        place to the new polling place.
                            ``(iv) Contact information, including a 
                        telephone number and website, for the 
                        appropriate State or local election official 
                        through which an individual may find the 
                        polling place to which the individual is 
                        assigned for the election.
                    ``(B) Internet posting.--Each State which is 
                required to post signs under subparagraph (A) shall 
                also provide such information through a website and 
                through social media (if available).
            ``(4) Linguistic preference.--The notices required under 
        this subsection shall comply with the requirements of section 
        203 of the Voting Rights Act of 1965 (52 U.S.C. 10503).
            ``(5) Effective date.--This subsection shall apply with 
        respect to elections held on or after January 1, 2022.''.
    (b) Conforming Amendment.--Section 302(e) of such Act (52 U.S.C. 
21082(e)), as redesignated by subsection (a), is amended by striking 
``Each State'' and inserting ``Except as provided in subsection (d)(4), 
each State''.

SEC. 1602. ACCOMMODATIONS FOR VOTERS RESIDING IN INDIAN LANDS.

    (a) Accommodations Described.--
            (1) Designation of ballot pickup and collection 
        locations.--Given the widespread lack of residential mail 
        delivery in Indian Country, an Indian Tribe may designate 
        buildings as ballot pickup and collection locations with 
        respect to an election for Federal office at no cost to the 
        Indian Tribe. An Indian Tribe may designate one building per 
        precinct located within Indian lands. The applicable State or 
        political subdivision shall collect ballots from those 
        locations. The applicable State or political subdivision shall 
        provide the Indian Tribe with accurate precinct maps for all 
        precincts located within Indian lands 60 days before the 
        election.
            (2) Provision of mail-in and absentee ballots.--The State 
        or political subdivision shall provide mail-in and absentee 
        ballots with respect to an election for Federal office to each 
        individual who is registered to vote in the election who 
        resides on Indian lands in the State or political subdivision 
        involved without requiring a residential address or a mail-in 
        or absentee ballot request.
            (3) Use of designated building as residential and mailing 
        address.--The address of a designated building that is a ballot 
        pickup and collection location with respect to an election for 
        Federal office may serve as the residential address and mailing 
        address for voters living on Indian lands if the tribally 
        designated building is in the same precinct as that voter. If 
        there is no tribally designated building within a voter's 
        precinct, the voter may use another tribally designated 
        building within the Indian lands where the voter is located. 
        Voters using a tribally designated building outside of the 
        voter's precinct may use the tribally designated building as a 
        mailing address and may separately designate the voter's 
        appropriate precinct through a description of the voter's 
        address, as specified in section 9428.4(a)(2) of title 11, Code 
        of Federal Regulations.
            (4) Language accessibility.--In the case of a State or 
        political subdivision that is a covered State or political 
        subdivision under section 203 of the Voting Rights Act of 1965 
        (52 U.S.C. 10503), that State or political subdivision shall 
        provide absentee or mail-in voting materials with respect to an 
        election for Federal office in the language of the applicable 
        minority group as well as in the English language, bilingual 
        election voting assistance, and written translations of all 
        voting materials in the language of the applicable minority 
        group, as required by section 203 of the Voting Rights Act of 
        1965 (52 U.S.C. 10503), as amended by subsection (b).
            (5) Clarification.--Nothing in this section alters the 
        ability of an individual voter residing on Indian lands to 
        request a ballot in a manner available to all other voters in 
        the State.
            (6) Definitions.--In this section:
                    (A) Election for federal office.--The term 
                ``election for Federal office'' means a general, 
                special, primary or runoff election for the office of 
                President or Vice President, or of Senator or 
                Representative in, or Delegate or Resident Commissioner 
                to, the Congress.
                    (B) 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).
                    (C) Indian lands.--The term ``Indian lands'' 
                includes--
                            (i) any Indian country of an Indian Tribe, 
                        as defined under section 1151 of title 18, 
                        United States Code;
                            (ii) 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));
                            (iii) any land on which the seat of the 
                        Tribal Government is located; and
                            (iv) 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.
                    (D) 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).
                    (E) Tribal government.--The term ``Tribal 
                Government'' means the recognized governing body of an 
                Indian Tribe.
            (7) Enforcement.--
                    (A) Attorney general.--The Attorney General may 
                bring a civil action in an appropriate district court 
                for such declaratory or injunctive relief as is 
                necessary to carry out this subsection.
                    (B) Private right of action.--
                            (i) A person or Tribal Government who is 
                        aggrieved by a violation of this subsection may 
                        provide written notice of the violation to the 
                        chief election official of the State involved.
                            (ii) An aggrieved person or Tribal 
                        Government may bring a civil action in an 
                        appropriate district court for declaratory or 
                        injunctive relief with respect to a violation 
                        of this subsection, if--
                                    (I) that person or Tribal 
                                Government provides the notice 
                                described in clause (i); and
                                    (II)(aa) in the case of a violation 
                                that occurs more than 120 days before 
                                the date of an election for Federal 
                                office, the violation remains and 90 
                                days or more have passed since the date 
                                on which the chief election official of 
                                the State receives the notice under 
                                clause (i); or
                                    (bb) in the case of a violation 
                                that occurs 120 days or less before the 
                                date of an election for Federal office, 
                                the violation remains and 20 days or 
                                more have passed since the date on 
                                which the chief election official of 
                                the State receives the notice under 
                                clause (i).
                            (iii) In the case of a violation of this 
                        section that occurs 30 days or less before the 
                        date of an election for Federal office, an 
                        aggrieved person or Tribal Government may bring 
                        a civil action in an appropriate district court 
                        for declaratory or injunctive relief with 
                        respect to the violation without providing 
                        notice to the chief election official of the 
                        State under clause (i).
    (b) Bilingual Election Requirements.--Section 203 of the Voting 
Rights Act of 1965 (52 U.S.C. 10503) is amended--
            (1) in subsection (b)(3)(C), by striking ``1990'' and 
        inserting ``2010''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c) Provision of Voting Materials in the Language of a Minority 
Group.--
            ``(1) In general.--Whenever any State or political 
        subdivision subject to the prohibition of subsection (b) of 
        this section provides any registration or voting notices, 
        forms, instructions, assistance, or other materials or 
        information relating to the electoral process, including 
        ballots, it shall provide them in the language of the 
        applicable minority group as well as in the English language.
            ``(2) Exceptions.--
                    ``(A) In the case of a minority group that is not 
                American Indian or Alaska Native and the language of 
                that minority group is oral or unwritten, the State or 
                political subdivision shall be required only to 
                furnish, in the covered language, oral instructions, 
                assistance, translation of voting materials, or other 
                information relating to registration and voting.
                    ``(B) In the case of a minority group that is 
                American Indian or Alaska Native, the State or 
                political subdivision shall be required only to furnish 
                in the covered language oral instructions, assistance, 
                or other information relating to registration and 
                voting, including all voting materials, if the Tribal 
                Government of that minority group has certified that 
                the language of the applicable American Indian or 
                Alaska Native language is presently unwritten or the 
                Tribal Government does not want written translations in 
                the minority language.
            ``(3) Written translations for election workers.--
        Notwithstanding paragraph (2), the State or political division 
        may be required to provide written translations of voting 
        materials, with the consent of any applicable Indian Tribe, to 
        election workers to ensure that the translations from English 
        to the language of a minority group are complete, accurate, and 
        uniform.''.
    (c) Effective Date.--This section and the amendments made by this 
section shall apply with respect to the regularly scheduled general 
election for Federal office held in November 2022 and each succeeding 
election for Federal office.

SEC. 1603. APPLICABILITY TO COMMONWEALTH OF THE NORTHERN MARIANA 
              ISLANDS.

    Paragraphs (6) and (8) of section 107 of the Uniformed and Overseas 
Citizens Absentee Voting Act (52 U.S.C. 20310) are each amended by 
striking ``and American Samoa'' and inserting ``American Samoa, and the 
Commonwealth of the Northern Mariana Islands''.

SEC. 1604. ELIMINATION OF 14-DAY TIME PERIOD BETWEEN GENERAL ELECTION 
              AND RUNOFF ELECTION FOR FEDERAL ELECTIONS IN THE VIRGIN 
              ISLANDS AND GUAM.

    Section 2 of the Act entitled ``An Act to provide that the 
unincorporated territories of Guam and the Virgin Islands shall each be 
represented in Congress by a Delegate to the House of 
Representatives'', approved April 10, 1972 (48 U.S.C. 1712), is 
amended--
            (1) by striking ``(a) The Delegate'' and inserting ``The 
        Delegate'';
            (2) by striking ``on the fourteenth day following such an 
        election'' in the fourth sentence of subsection (a); and
            (3) by striking subsection (b).

SEC. 1605. APPLICATION OF FEDERAL ELECTION ADMINISTRATION LAWS TO 
              TERRITORIES OF THE UNITED STATES.

    (a) National Voter Registration Act of 1993.--Section 3(4) of the 
National Voter Registration Act of 1993 (52 U.S.C. 20502(4)) is amended 
by striking ``States and the District of Columbia'' and inserting 
``States, the District of Columbia, the Commonwealth of Puerto Rico, 
Guam, American Samoa, the United States Virgin Islands, and the 
Commonwealth of the Northern Mariana Islands''.
    (b) Help America Vote Act of 2002.--
            (1) Coverage of commonwealth of the northern mariana 
        islands.--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''.
            (2) Conforming amendments to help america vote act of 
        2002.--Such Act is further amended as follows:
                    (A) The second sentence of section 213(a)(2) (52 
                U.S.C. 20943(a)(2)) is amended by striking ``and 
                American Samoa'' and inserting ``American Samoa, and 
                the Commonwealth of the Northern Mariana Islands''.
                    (B) Section 252(c)(2) (52 U.S.C. 21002(c)(2)) is 
                amended by striking ``or the United States Virgin 
                Islands'' and inserting ``the United States Virgin 
                Islands, or the Commonwealth of the Northern Mariana 
                Islands''.
            (3) Conforming amendment relating to consultation of help 
        america vote foundation with local election officials.--Section 
        90102(c) of title 36, United States Code, 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''.

SEC. 1606. APPLICATION OF FEDERAL VOTER PROTECTION LAWS TO TERRITORIES 
              OF THE UNITED STATES.

    (a) Intimidation of Voters.--Section 594 of title 18, United States 
Code, is amended by striking ``Delegate from the District of Columbia, 
or Resident Commissioner,'' and inserting ``or Delegate or Resident 
Commissioner to the Congress''.
    (b) Interference by Government Employees.--Section 595 of title 18, 
United States Code, is amended by striking ``Delegate from the District 
of Columbia, or Resident Commissioner,'' and inserting ``or Delegate or 
Resident Commissioner to the Congress''.
    (c) Voting by Noncitizens.--Section 611(a) of title 18, United 
States Code, is amended by striking ``Delegate from the District of 
Columbia, or Resident Commissioner,'' and inserting ``or Delegate or 
Resident Commissioner to the Congress''.

SEC. 1607. ENSURING EQUITABLE AND EFFICIENT OPERATION OF POLLING 
              PLACES.

    (a) In General.--
            (1) Requirement.--Subtitle A of title III of the Help 
        America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended 
        by section 1031(a), section 1044(a), section 1101(a), section 
        1102(a), section 1103(a), section 1104(a), section 1201(a), 
        section 1301(a), section 1302(a), section 1303(b), and section 
        1305(a), is amended--
                    (A) by redesignating sections 315 and 316 as 
                sections 316 and 317, respectively; and
                    (B) by inserting after section 314 the following 
                new section:

``SEC. 315. ENSURING EQUITABLE AND EFFICIENT OPERATION OF POLLING 
              PLACES.

    ``(a) Preventing Unreasonable Waiting Times for Voters.--
            ``(1) In general.--Each State or jurisdiction shall take 
        reasonable efforts to provide a sufficient number of voting 
        systems, poll workers, and other election resources (including 
        physical resources) at a polling place used in any election for 
        Federal office, including a polling place at which individuals 
        may cast ballots prior to the date of the election, to ensure--
                    ``(A) a fair and equitable waiting time for all 
                voters in the State or jurisdiction; and
                    ``(B) that no individual will be required to wait 
                longer than 30 minutes to cast a ballot at the polling 
                place.
            ``(2) Criteria.--In determining the number of voting 
        systems, poll workers, and other election resources provided at 
        a polling place for purposes of paragraph (1), the State or 
        jurisdiction shall take into account the following factors:
                    ``(A) The voting age population.
                    ``(B) Voter turnout in past elections.
                    ``(C) The number of voters registered.
                    ``(D) The number of voters who have registered 
                since the most recent Federal election.
                    ``(E) Census data for the population served by the 
                polling place, such as the proportion of the voting-age 
                population who are under 25 years of age or who are 
                naturalized citizens.
                    ``(F) The needs and numbers of voters with 
                disabilities and voters with limited English 
                proficiency.
                    ``(G) The type of voting systems used.
                    ``(H) The length and complexity of initiatives, 
                referenda, and other questions on the ballot.
                    ``(I) Such other factors, including relevant 
                demographic factors relating to the population served 
                by the polling place, as the State considers 
                appropriate.
            ``(3) Rule of construction.--Nothing in this subsection may 
        be construed--
                    ``(A) to authorize a State or jurisdiction to meet 
                the requirements of this subsection by closing any 
                polling place, prohibiting an individual from entering 
                a line at a polling place, or refusing to permit an 
                individual who has arrived at a polling place prior to 
                closing time from voting at the polling place; or
                    ``(B) to limit the use of mobile voting centers.
    ``(b) Limiting Variations on Number of Hours of Operation of 
Polling Places Within a State.--
            ``(1) Limitation.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B) and paragraph (2), each State shall 
                establish hours of operation for all polling places in 
                the State on the date of any election for Federal 
                office held in the State such that the polling place 
                with the greatest number of hours of operation on such 
                date is not in operation for more than 2 hours longer 
                than the polling place with the fewest number of hours 
                of operation on such date.
                    ``(B) Permitting variance on basis of population.--
                Subparagraph (A) does not apply to the extent that the 
                State establishes variations in the hours of operation 
                of polling places on the basis of the overall 
                population or the voting age population (as the State 
                may select) of the unit of local government in which 
                such polling places are located.
            ``(2) Exceptions for polling places with hours established 
        by units of local government.--Paragraph (1) does not apply in 
        the case of a polling place--
                    ``(A) whose hours of operation are established, in 
                accordance with State law, by the unit of local 
                government in which the polling place is located; or
                    ``(B) which is required pursuant to an order by a 
                court to extend its hours of operation beyond the hours 
                otherwise established.
    ``(c) Effective Date.--This section shall take effect upon the 
expiration of the 180-day period which begins on the date of the 
enactment of this subsection.''.
            (2) Conforming amendments relating to issuance of voluntary 
        guidance by election assistance commission.--Section 321(b) of 
        such Act (52 U.S.C. 21101(b)), as redesignated and amended by 
        section 1101(b) and as amended by sections, 1102, 1103, 1104, 
        and 1201, is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (4);
                    (B) by redesignating paragraph (5) as paragraph 
                (6);
                    (C) in paragraph (6), as so redesignated, by 
                striking ``paragraph (4)'' and inserting ``paragraph 
                (4) or (5)''; and
                    (D) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) in the case of the recommendations with respect to 
        section 315, 180 days after the date of the enactment of such 
        section; and''.
            (3) Clerical amendments.--The table of contents of such 
        Act, as amended by section 1031(c), section 1044(b), section 
        1101(c), section 1102(c), section 1103(a), section 1104(c), 
        section 1201(c), section 1301(a), section 1302(a), section 
        1303(b), and section 1305(b), is amended--
                    (A) by redesignating the items relating to sections 
                315 and 316 as relating to sections 316 and 317, 
                respectively; and
                    (B) by inserting after the item relating to section 
                314 the following new item:

``Sec. 315. Ensuring equitable and efficient operation of polling 
                            places.''.
    (b) Study of Methods to Enforce Fair and Equitable Waiting Times.--
            (1) Study.--The Election Assistance Commission and the 
        Comptroller General of the United States shall conduct a joint 
        study of the effectiveness of various methods of enforcing the 
        requirements of section 315(a) of the Help America Vote Act of 
        2002, as added by subsection (a), including methods of best 
        allocating resources to jurisdictions which have had the most 
        difficulty in providing a fair and equitable waiting time at 
        polling places to all voters, and to communities of color in 
        particular.
            (2) Report.--Not later than 18 months after the date of the 
        enactment of this Act, the Election Assistance Commission and 
        the Comptroller General of the United States shall publish and 
        submit to Congress a report on the study conducted under 
        paragraph (1).

SEC. 1608. PROHIBITING STATES FROM RESTRICTING CURBSIDE VOTING.

    (a) Requirement.--Subtitle A of title III of the Help America Vote 
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), 
section 1044(a), section 1101(a), section 1102(a), section 1103(a), 
section 1104(a), section 1201(a), section 1301(a), section 1302(a), 
section 1303(b), section 1305(a), and section 1607(a)(1), is amended--
            (1) by redesignating sections 316 and 317 as sections 317 
        and 318, respectively; and
            (2) by inserting after section 315 the following new 
        section:

``SEC. 316. PROHIBITING STATES FROM RESTRICTING CURBSIDE VOTING.

    ``(a) Prohibition.--A State may not--
            ``(1) prohibit any jurisdiction administering an election 
        for Federal office in the State from utilizing curbside voting 
        as a method by which individuals may cast ballots in the 
        election; or
            ``(2) impose any restrictions which would exclude any 
        individual who is eligible to vote in such an election in a 
        jurisdiction which utilizes curbside voting from casting a 
        ballot in the election by the method of curbside voting.
    ``(b) Effective Date.--This section shall apply with respect to the 
regularly scheduled general election for Federal office held in 
November 2022 and each succeeding election for Federal office.''.
    (b) Clerical Amendments.--The table of contents of such Act, as 
amended by section 1031(c), section 1044(b), section 1101(c), section 
1102(c), section 1103(a), section 1104(c), section 1201(c), section 
1301(a), section 1302(a), section 1303(b), section 1305(a), and section 
1607(a)(3), is amended--
            (1) by redesignating the items relating to sections 316 and 
        317 as relating to sections 317 and 318, respectively; and
            (2) by inserting after the item relating to section 315 the 
        following new item:

``Sec. 316. Prohibiting States from restricting curbside voting.''.

  PART 2--IMPROVEMENTS IN OPERATION OF ELECTION ASSISTANCE COMMISSION

SEC. 1611. REAUTHORIZATION OF ELECTION ASSISTANCE COMMISSION.

    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 fiscal year 2021 and each succeeding 
        fiscal year''; and
            (2) by striking ``(but not to exceed $10,000,000 for each 
        such year)''.

SEC. 1612. RECOMMENDATIONS TO IMPROVE OPERATIONS OF ELECTION ASSISTANCE 
              COMMISSION.

    (a) Assessment of Information Technology and Cybersecurity.--Not 
later than December 31, 2021, the Election Assistance Commission shall 
carry out an assessment of the security and effectiveness of the 
Commission's information technology systems, including the 
cybersecurity of such systems.
    (b) Improvements to Administrative Complaint Procedures.--
            (1) Review of procedures.--The Election Assistance 
        Commission shall carry out a review of the effectiveness and 
        efficiency of the State-based administrative complaint 
        procedures established and maintained under section 402 of the 
        Help America Vote Act of 2002 (52 U.S.C. 21112) for the 
        investigation and resolution of allegations of violations of 
        title III of such Act.
            (2) Recommendations to streamline procedures.--Not later 
        than December 31, 2021, the Commission shall submit to Congress 
        a report on the review carried out under paragraph (1), and 
        shall include in the report such recommendations as the 
        Commission considers appropriate to streamline and improve the 
        procedures which are the subject of the review.

SEC. 1613. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM 
              CERTAIN GOVERNMENT CONTRACTING REQUIREMENTS.

    (a) In General.--Section 205 of the Help America Vote Act of 2002 
(52 U.S.C. 20925) is amended by striking subsection (e).
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to contracts entered into by the Election Assistance 
Commission on or after the date of the enactment of this Act.

                    PART 3--MISCELLANEOUS PROVISIONS

SEC. 1621. DEFINITION OF ELECTION FOR FEDERAL OFFICE.

    (a) Definition.--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. ELECTION FOR FEDERAL OFFICE DEFINED.

    ``For purposes of titles I through III, the term `election for 
Federal office' means a general, special, primary, or runoff election 
for the office of President or Vice President, or of Senator or 
Representative in, or Delegate or Resident Commissioner to, the 
Congress.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end of the items relating to title IX the 
following new item:

``Sec. 907. Election for Federal office defined.''.

SEC. 1622. NO EFFECT ON OTHER LAWS.

    (a) In General.--Except as specifically provided, nothing in this 
title may be construed to authorize or require conduct prohibited under 
any of the following laws, or to supersede, restrict, or limit the 
application of such laws:
            (1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et 
        seq.).
            (2) The Voting Accessibility for the Elderly and 
        Handicapped Act (52 U.S.C. 20101 et seq.).
            (3) The Uniformed and Overseas Citizens Absentee Voting Act 
        (52 U.S.C. 20301 et seq.).
            (4) The National Voter Registration Act of 1993 (52 U.S.C. 
        20501 et seq.).
            (5) The Americans with Disabilities Act of 1990 (42 U.S.C. 
        12101 et seq.).
            (6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
    (b) No Effect on Preclearance or Other Requirements Under Voting 
Rights Act.--The approval by any person of a payment or grant 
application under this title, or any other action taken by any person 
under this title, shall not be considered to have any effect on 
requirements for preclearance under section 5 of the Voting Rights Act 
of 1965 (52 U.S.C. 10304) or any other requirements of such Act.
    (c) No Effect on Authority of States To Provide Greater 
Opportunities for Voting.--Nothing in this title or the amendments made 
by this title may be construed to prohibit any State from enacting any 
law which provides greater opportunities for individuals to register to 
vote and to vote in elections for Federal office than are provided by 
this title and the amendments made by this title.

SEC. 1623. CLARIFICATION OF EXEMPTION FOR STATES WITHOUT VOTER 
              REGISTRATION.

    To the extent that any provision of this title or any amendment 
made by this title imposes a requirement on a State relating to 
registering individuals to vote in elections for Federal office, such 
provision shall not apply in the case of any State in which, under law 
that is in effect continuously on and after the date of the enactment 
of this Act, there is no voter registration requirement for any voter 
in the State with respect to an election for Federal office.

SEC. 1624. CLARIFICATION OF EXEMPTION FOR STATES WHICH DO NOT COLLECT 
              TELEPHONE INFORMATION.

    (a) Amendment to Help America Vote Act of 2002.--Subtitle A of 
title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et 
seq.), as amended by section 1031(a), section 1044(a), section 1101(a), 
section 1102(a), section 1103(a), section 1104(a), section 1201(a), 
section 1301(a), section 1302(a), section 1303(b), section 1305(a), 
section 1607(a)(1), and section 1608(a), is amended--
            (1) by redesignating sections 317 and 318 as sections 318 
        and 319, respectively; and
            (2) by inserting after section 316 the following new 
        section:

``SEC. 317. APPLICATION OF CERTAIN PROVISIONS TO STATES WHICH DO NOT 
              COLLECT TELEPHONE INFORMATION.

    ``(a) In General.--To the extent that any provision of this title 
imposes a requirement on a State or jurisdiction relating to contacting 
voters by telephone, such provision shall not apply in the case of any 
State which continuously on and after the date of the enactment of this 
Act, does not collect telephone numbers for voters as part of voter 
registration in the State with respect to an election for Federal 
office.
    ``(b) Exception.--Subsection (a) shall not apply in any case in 
which the voter has voluntarily provided telephone information.''.
    (b) Clerical Amendments.--The table of contents of such Act, as 
amended by section 1031(c), section 1044(b), section 1101(c), section 
1102(c), section 1103(a), section 1104(c), section 1201(c), section 
1301(a), section 1302(a), section 1303(b), section 1305(a), section 
1607(a)(3), and section 1608(b), is amended--
            (1) by redesignating the items relating to sections 317 and 
        318 as relating to sections 318 and 319, respectively; and
            (2) by inserting after the item relating to section 316 the 
        following new item:

``Sec. 317. Application of certain provisions to States which do not 
                            collect telephone information.''.

                   Subtitle H--Democracy Restoration

SEC. 1701. SHORT TITLE.

    This subtitle may be cited as the ``Democracy Restoration Act of 
2021''.

SEC. 1702. FINDINGS.

    Congress makes the following findings:
            (1) The right to vote is the most basic constitutive act of 
        citizenship. Regaining the right to vote reintegrates 
        individuals with criminal convictions into free society, 
        helping to enhance public safety.
            (2) Article I, section 4, of the Constitution grants 
        Congress ultimate supervisory power over Federal elections, an 
        authority which has repeatedly been upheld by the United States 
        Supreme Court.
            (3) Basic constitutional principles of fairness and equal 
        protection require an equal opportunity for citizens of the 
        United States to vote in Federal elections. The right to vote 
        may not be abridged or denied by the United States or by any 
        State on account of race, color, gender, or previous condition 
        of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th 
        Amendments to the Constitution empower Congress to enact 
        measures to protect the right to vote in Federal elections. The 
        8th Amendment to the Constitution provides for no excessive 
        bail to be required, nor excessive fines imposed, nor cruel and 
        unusual punishments inflicted.
            (4) There are 3 areas in which discrepancies in State laws 
        regarding criminal convictions lead to unfairness in Federal 
        elections--
                    (A) the lack of a uniform standard for voting in 
                Federal elections leads to an unfair disparity and 
                unequal participation in Federal elections based solely 
                on where a person lives;
                    (B) laws governing the restoration of voting rights 
                after a criminal conviction vary throughout the country 
                and persons in some States can easily regain their 
                voting rights while in other States persons effectively 
                lose their right to vote permanently; and
                    (C) State disenfranchisement laws 
                disproportionately impact racial and ethnic minorities.
            (5) State disenfranchisement laws vary widely. Two States 
        (Maine and Vermont) and the Commonwealth of Puerto Rico do not 
        disenfranchise individuals with criminal convictions at all. In 
        2020, the District of Columbia re-enfranchised its citizens who 
        are under the supervision of the Federal Bureau of Prisons. 
        Twenty-eight states disenfranchise certain individuals on 
        felony probation or parole. In 11 States, a conviction for 
        certain offenses can result in lifetime disenfranchisement.
            (6) Several States deny the right to vote to individuals 
        convicted of certain misdemeanors.
            (7) In 2020, an estimated 5,200,000 citizens of the United 
        States, or about 1 in 44 adults in the United States, could not 
        vote as a result of a felony conviction. Of the 5,200,000 
        citizens barred from voting then, only 24 percent were in 
        prison. By contrast, 75 percent of persons disenfranchised then 
        resided in their communities while on probation or parole or 
        after having completed their sentences. Approximately 2,200,000 
        citizens who had completed their sentences were disenfranchised 
        due to restrictive State laws. As of November 2018, the 
        lifetime ban for persons with certain felony convictions was 
        eliminated through a Florida ballot initiative. As a result, as 
        many as 1,400,000 people are now eligible to have their voting 
        rights restored. In 4 States--Alabama, Florida, Mississippi, 
        and Tennessee--more than 7 percent of the total population is 
        disenfranchised.
            (8) In those States that disenfranchise individuals post-
        sentence, the right to vote can be regained in theory, but in 
        practice this possibility is often granted in a non-uniform and 
        potentially discriminatory manner. Disenfranchised individuals 
        sometimes must either obtain a pardon or an order from the 
        Governor or an action by the parole or pardon board, depending 
        on the offense and State. Individuals convicted of a Federal 
        offense often have additional barriers to regaining voting 
        rights.
            (9) Many felony disenfranchisement laws today derive 
        directly from post-Civil War efforts to stifle the Fourteenth 
        and Fifteenth Amendments. Between 1865 and 1880, at least 14 
        states--Alabama, Arkansas, Colorado, Florida, Georgia, 
        Illinois, Mississippi, Missouri, Nebraska, New York, North 
        Carolina, South Carolina, Tennessee, and Texas--enacted or 
        expanded their felony disenfranchisement laws. One of the 
        primary goals of these laws was to prevent African Americans 
        from voting. Of the states that enacted or expanded their 
        felony disenfranchisement laws during this post-Civil War 
        period, at least 11 continue to preclude persons on felony 
        probation or parole from voting.
            (10) State disenfranchisement laws disproportionately 
        impact racial and ethnic minorities. In recent years, African 
        Americans have been imprisoned at over 5 times the rate of 
        Whites. More than 6 percent of the voting-age African-American 
        population, or 1,800,000 African Americans, are disenfranchised 
        due to a felony conviction. In 9 States--Alabama (16 percent), 
        Arizona (13 percent), Florida (15 percent), Kentucky (15 
        percent), Mississippi (16 percent), South Dakota (14 percent), 
        Tennessee (21 percent), Virginia (16 percent), and Wyoming (36 
        percent)--more than 1 in 8 African Americans are unable to vote 
        because of a felony conviction, twice the national average for 
        African Americans.
            (11) Latino citizens are also disproportionately 
        disenfranchised based upon their disproportionate 
        representation in the criminal justice system. In recent years, 
        Latinos have been imprisoned at 2.5 times the rate of Whites. 
        More than 2 percent of the voting-age Latino population, or 
        560,000 Latinos, are disenfranchised due to a felony 
        conviction. In 34 states Latinos are disenfranchised at a 
        higher rate than the general population. In 11 states 4 percent 
        or more of Latino adults are disenfranchised due to a felony 
        conviction (Alabama, 4 percent; Arizona, 7 percent; Arkansas, 4 
        percent; Idaho, 4 percent; Iowa, 4 percent; Kentucky, 6 
        percent; Minnesota, 4 percent; Mississippi, 5 percent; 
        Nebraska, 6 percent; Tennessee, 11 percent; Wyoming, 4 
        percent), twice the national average for Latinos.
            (12) Disenfranchising citizens who have been convicted of a 
        criminal offense and who are living and working in the 
        community serves no compelling State interest and hinders their 
        rehabilitation and reintegration into society.
            (13) State disenfranchisement laws can suppress electoral 
        participation among eligible voters by discouraging voting 
        among family and community members of disenfranchised persons. 
        Future electoral participation by the children of 
        disenfranchised parents may be impacted as well. Models of 
        successful re-entry for persons convicted of a crime emphasize 
        the importance of community ties, feeling vested and 
        integrated, and prosocial attitudes. Individuals with criminal 
        convictions who succeed in avoiding recidivism are typically 
        more likely to see themselves as law-abiding members of the 
        community. Restoration of voting rights builds those qualities 
        and facilitates reintegration into the community. That is why 
        allowing citizens with criminal convictions who are living in a 
        community to vote is correlated with a lower likelihood of 
        recidivism. Restoration of voting rights thus reduces violence 
        and protects public safety.
            (14) The United States is one of the only Western 
        democracies that permits the permanent denial of voting rights 
        for individuals with felony convictions.
            (15) The Eighth Amendment's prohibition on cruel and 
        unusual punishments ``guarantees individuals the right not to 
        be subjected to excessive sanctions.'' (Roper v. Simmons, 543 
        U.S. 551, 560 (2005)). That right stems from the basic precept 
        of justice ``that punishment for crime should be graduated and 
        proportioned to [the] offense.'' Id. (quoting Weems v. United 
        States, 217 U.S. 349, 367 (1910)). As the Supreme Court has 
        long recognized, ``[t]he concept of proportionality is central 
        to the Eighth Amendment.'' (Graham v. Florida, 560 U.S. 48, 59 
        (2010)). Many State disenfranchisement laws are grossly 
        disproportional to the offenses that lead to disenfranchisement 
        and thus violate the bar on cruel and unusual punishments. For 
        example, a number of states mandate lifetime disenfranchisement 
        for a single felony conviction or just two felony convictions, 
        even where the convictions were for non-violent offenses. In 
        numerous other States, disenfranchisement can last years or 
        even decades while individuals remain on probation or parole, 
        often only because a person cannot pay their legal financial 
        obligations. These kinds of extreme voting bans run afoul of 
        the Eighth Amendment.
            (16) The Twenty-Fourth Amendment provides that the right to 
        vote ``shall not be denied or abridged by the United States or 
        any State by reason of failure to pay any poll tax or other 
        tax.''. Section 2 of the Twenty-Fourth Amendment gives Congress 
        the power to enforce this article by appropriate legislation. 
        Court fines and fees that individuals must pay to have their 
        voting rights restored constitute an ``other tax'' for purposes 
        of the Twenty-Fourth Amendment. At least five States explicitly 
        require the payment of fines and fees before individuals with 
        felony convictions can have their voting rights restored. More 
        than 20 other states effectively tie the right to vote to the 
        payment of fines and fees, by requiring that individuals 
        complete their probation or parole before their rights are 
        restored. In these States, the non-payment of fines and fees is 
        a basis on which probation or parole can be extended. Moreover, 
        these states sometimes do not record the basis on which an 
        individual's probation or parole was extended, making it 
        impossible to determine from the State's records whether non-
        payment of fines and fees is the reason that an individual 
        remains on probation or parole. For these reasons, the only way 
        to ensure that States do not deny the right to vote based 
        solely on non-payment of fines and fees is to prevent States 
        from conditioning voting rights on the completion of probation 
        or parole.

SEC. 1703. RIGHTS OF CITIZENS.

    The right of an individual who is a citizen of the United States to 
vote in any election for Federal office shall not be denied or abridged 
because that individual has been convicted of a criminal offense unless 
such individual is serving a felony sentence in a correctional 
institution or facility at the time of the election.

SEC. 1704. ENFORCEMENT.

    (a) Attorney General.--The Attorney General may, in a civil action, 
obtain such declaratory or injunctive relief as is necessary to remedy 
a violation of this subtitle.
    (b) Private Right of Action.--
            (1) In general.--A person who is aggrieved by a violation 
        of this subtitle may provide written notice of the violation to 
        the chief election official of the State involved.
            (2) Relief.--Except as provided in paragraph (3), if the 
        violation is not corrected within 90 days after receipt of a 
        notice under paragraph (1), or within 20 days after receipt of 
        the notice if the violation occurred within 120 days before the 
        date of an election for Federal office, the aggrieved person 
        may, in a civil action, obtain declaratory or injunctive relief 
        with respect to the violation.
            (3) Exception.--If the violation occurred within 30 days 
        before the date of an election for Federal office, the 
        aggrieved person need not provide notice to the chief election 
        official of the State under paragraph (1) before bringing a 
        civil action to obtain declaratory or injunctive relief with 
        respect to the violation.

SEC. 1705. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.

    (a) State Notification.--
            (1) Notification.--On the date determined under paragraph 
        (2), each State shall--
                    (A) notify in writing any individual who has been 
                convicted of a criminal offense under the law of that 
                State that such individual--
                            (i) has the right to vote in an election 
                        for Federal office pursuant to the Democracy 
                        Restoration Act of 2021; and
                            (ii) may register to vote in any such 
                        election; and
                    (B) provide such individual with any materials that 
                are necessary to register to vote in any such election.
            (2) Date of notification.--
                    (A) Felony conviction.--In the case of such an 
                individual who has been convicted of a felony, the 
                notification required under paragraph (1) shall be 
                given on the date on which the individual--
                            (i) is sentenced to serve only a term of 
                        probation; or
                            (ii) is released from the custody of that 
                        State (other than to the custody of another 
                        State or the Federal Government to serve a term 
                        of imprisonment for a felony conviction).
                    (B) Misdemeanor conviction.--In the case of such an 
                individual who has been convicted of a misdemeanor, the 
                notification required under paragraph (1) shall be 
                given on the date on which such individual is sentenced 
                by a State court.
    (b) Federal Notification.--
            (1) Notification.--Any individual who has been convicted of 
        a criminal offense under Federal law--
                    (A) shall be notified in accordance with paragraph 
                (2) that such individual--
                            (i) has the right to vote in an election 
                        for Federal office pursuant to the Democracy 
                        Restoration Act of 2021; and
                            (ii) may register to vote in any such 
                        election; and
                    (B) shall be provided with any materials that are 
                necessary to register to vote in any such election.
            (2) Date of notification.--
                    (A) Felony conviction.--In the case of such an 
                individual who has been convicted of a felony, the 
                notification required under paragraph (1) shall be 
                given--
                            (i) in the case of an individual who is 
                        sentenced to serve only a term of probation, by 
                        the Assistant Director for the Office of 
                        Probation and Pretrial Services of the 
                        Administrative Office of the United States 
                        Courts on the date on which the individual is 
                        sentenced; or
                            (ii) in the case of any individual 
                        committed to the custody of the Bureau of 
                        Prisons, by the Director of the Bureau of 
                        Prisons, during the period beginning on the 
                        date that is 6 months before such individual is 
                        released and ending on the date such individual 
                        is released from the custody of the Bureau of 
                        Prisons.
                    (B) Misdemeanor conviction.--In the case of such an 
                individual who has been convicted of a misdemeanor, the 
                notification required under paragraph (1) shall be 
                given on the date on which such individual is sentenced 
                by a court established by an Act of Congress.

SEC. 1706. DEFINITIONS.

    For purposes of this subtitle:
            (1) Correctional institution or facility.--The term 
        ``correctional institution or facility'' means any prison, 
        penitentiary, jail, or other institution or facility for the 
        confinement of individuals convicted of criminal offenses, 
        whether publicly or privately operated, except that such term 
        does not include any residential community treatment center (or 
        similar public or private facility).
            (2) Election.--The term ``election'' means--
                    (A) a general, special, primary, or runoff 
                election;
                    (B) a convention or caucus of a political party 
                held to nominate a candidate;
                    (C) a primary election held for the selection of 
                delegates to a national nominating convention of a 
                political party; or
                    (D) a primary election held for the expression of a 
                preference for the nomination of persons for election 
                to the office of President.
            (3) Federal office.--The term ``Federal office'' means the 
        office of President or Vice President of the United States, or 
        of Senator or Representative in, or Delegate or Resident 
        Commissioner to, the Congress of the United States.
            (4) Probation.--The term ``probation'' means probation, 
        imposed by a Federal, State, or local court, with or without a 
        condition on the individual involved concerning--
                    (A) the individual's freedom of movement;
                    (B) the payment of damages by the individual;
                    (C) periodic reporting by the individual to an 
                officer of the court; or
                    (D) supervision of the individual by an officer of 
                the court.

SEC. 1707. RELATION TO OTHER LAWS.

    (a) State Laws Relating to Voting Rights.--Nothing in this subtitle 
may be construed to prohibit the States from enacting any State law 
which affords the right to vote in any election for Federal office on 
terms less restrictive than those established by this subtitle.
    (b) Certain Federal Acts.--The rights and remedies established by 
this subtitle--
            (1) are in addition to all other rights and remedies 
        provided by law, and
            (2) shall not supersede, restrict, or limit the application 
        of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) or 
        the National Voter Registration Act of 1993 (52 U.S.C. 20501 et 
        seq.).

SEC. 1708. FEDERAL PRISON FUNDS.

    No State, unit of local government, or other person may receive or 
use, to construct or otherwise improve a prison, jail, or other place 
of incarceration, any Federal funds unless that person has in effect a 
program under which each individual incarcerated in that person's 
jurisdiction who is a citizen of the United States is notified, upon 
release from such incarceration, of that individual's rights under 
section 1703.

SEC. 1709. EFFECTIVE DATE.

    This subtitle shall apply to citizens of the United States voting 
in any election for Federal office held after the date of the enactment 
of this Act.

      Subtitle I--Voter Identification and Allowable Alternatives

SEC. 1801. REQUIREMENTS FOR VOTER IDENTIFICATION.

    (a) Requirement to Provide Identification as Condition of Receiving 
Ballot.--Section 303 of the Help America Vote Act of 2002 (52 U.S.C. 
21083) is amended by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively, and by inserting after 
subsection (b) the following new subsection:
    ``(c) Voter Identification Requirements.--
            ``(1) Voter identification requirement defined.--For 
        purposes of this subsection:
                    ``(A) In general.--The term `voter identification 
                requirement' means any requirement that an individual 
                desiring to vote in person in an election for Federal 
                office present identification as a requirement to 
                receive or cast a ballot in person in such election.
                    ``(B) Exception.--Such term does not include any 
                requirement described in subsection (b)(2)(A) as 
                applied with respect to an individual described in 
                subsection (b)(1).
            ``(2) In general.--If a State or local jurisdiction has a 
        voter identification requirement, the State or local 
        jurisdiction--
                    ``(A) shall treat any applicable identifying 
                document as meeting such voter identification 
                requirement;
                    ``(B) notwithstanding the failure to present an 
                applicable identifying document, shall treat an 
                individual desiring to vote in person in an election 
                for Federal office as meeting such voter identification 
                requirement if--
                            ``(i) the individual presents the 
                        appropriate State or local election official 
                        with a sworn written statement, signed in the 
                        presence of the official by an adult who has 
                        known the individual for at least six months 
                        under penalty of perjury, attesting to the 
                        individual's identity;
                            ``(ii) the official has known the 
                        individual for at least six months; or
                            ``(iii) in the case of a residents of a 
                        State-licensed care facility, an employee of 
                        the facility confirms the individual's 
                        identity; and
                    ``(C) shall permit any individual desiring to vote 
                in an election for Federal office who does not present 
                an applicable identifying document required under 
                subparagraph (A) or qualify for an exception under 
                subparagraph (B) to cast a provisional ballot with 
                respect to the election under section 302(a) in 
                accordance with paragraph (3).
            ``(3) Rules for provisional ballot.--
                    ``(A) In general.--A individual may cast a 
                provisional ballot pursuant to paragraph (2)(C) so long 
                as the individual presents the appropriate State or 
                local election official with a sworn written statement, 
                signed by the individual under penalty of perjury, 
                attesting to the individual's identity.
                    ``(B) Prohibition on other requirements.--Except as 
                otherwise provided this paragraph, a State or local 
                jurisdiction may not impose any other additional 
                requirement or condition with respect to the casting of 
                a provisional ballot by an individuals described in 
                paragraph (2)(C).
                    ``(C) Counting of provisional ballot.--In the case 
                of a provisional ballot cast pursuant to paragraph 
                (2)(C), the appropriate State or local election 
                official shall not make a determination under section 
                302(a)(4) that the individual is eligible under State 
                law to vote in the election unless--
                            ``(i) the official determines that the 
                        signature on such statement matches the 
                        signature of such individual on the official 
                        list of registered voters in the State or other 
                        official record or document used by the State 
                        to verify the signatures of voters; or
                            ``(ii) not later than 10 days after casting 
                        the provisional ballot, the individual presents 
                        an applicable identifying document, either in 
                        person or by electronic methods, to the 
                        official and the official confirms the 
                        individual is the person identified on the 
                        applicable identifying document.
                    ``(D) Notice and opportunity to cure discrepancy in 
                signatures or other defects on provisional ballots.--
                            ``(i) Notice and opportunity to cure 
                        discrepancy in signatures.--If an individual 
                        casts a provisional ballot under this paragraph 
                        and the appropriate State or local 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 State or other 
                        official record or document used by the State 
                        to verify the signatures of voters, such 
                        election official, prior to making a final 
                        determination as to the validity of such 
                        ballot, shall--
                                    ``(I) as soon as practical, but no 
                                later than the next business day after 
                                such determination is made, make a good 
                                faith effort to notify the individual 
                                by mail, telephone, and (if available) 
                                text message and electronic mail that--
                                            ``(aa) a discrepancy exists 
                                        between the signature on such 
                                        ballot and the signature of the 
                                        individual on the official list 
                                        of registered voters in the 
                                        State or other official record 
                                        or document used by the State 
                                        to verify the signatures of 
                                        voters; and
                                            ``(bb) if such discrepancy 
                                        is not cured prior to the 
                                        expiration of the third day 
                                        following the State's deadline 
                                        for receiving mail-in ballots 
                                        or absentee ballots, such 
                                        ballot will not be counted; and
                                    ``(II) cure such discrepancy and 
                                count the ballot if, prior to the 
                                expiration of the third day following 
                                the State's deadline for receiving 
                                mail-in ballots or absentee ballots, 
                                the individual provides the official 
                                with information to cure such 
                                discrepancy, either in person, by 
                                telephone, or by electronic methods.
                            ``(ii) Notice and opportunity to cure other 
                        defects.--If an individual casts a provisional 
                        ballot under this paragraph with a defect 
                        which, if left uncured, would cause the ballot 
                        to not be counted, the appropriate State or 
                        local election official, prior to making a 
                        final determination as to the validity of the 
                        ballot, shall--
                                    ``(I) as soon as practical, but no 
                                later than the next business day after 
                                such determination is made, make a good 
                                faith effort to notify the individual 
                                by mail, telephone, and (if available) 
                                text message and electronic mail that--
                                            ``(aa) the ballot has some 
                                        defect; and
                                            ``(bb) if the individual 
                                        does not cure the other defect 
                                        prior to the expiration of the 
                                        third day following the State's 
                                        deadline for receiving mail-in 
                                        ballots or absentee ballots, 
                                        such ballot will not be 
                                        counted; and
                                    ``(II) count the ballot if, prior 
                                to the expiration of the third day 
                                following the State's deadline for 
                                receiving mail-in ballots or absentee 
                                ballots, the individual cures the 
                                defect.
                    ``(E) No exemption.--Notwithstanding section 
                302(a), States described in section 4(b) of the 
                National Voter Registration Act of 1993 shall be 
                required to meet the requirements of paragraph (2)(C).
                    ``(F) Rule of construction.--
                            ``(i) In general.--Nothing in paragraph 
                        (2)(C) or this paragraph shall be construed to 
                        prevent a State from permitting an individual 
                        who provides a sworn statement described in 
                        subparagraph (A) to cast a regular ballot in 
                        lieu of a provisional ballot.
                            ``(ii) Regular ballot.--For purpose of this 
                        subparagraph, the term `regular ballot' means a 
                        ballot which is cast and counted in same manner 
                        as ballots cast by individuals meeting the 
                        voter identification requirement (and all other 
                        applicable requirements with respect to voting 
                        in the election).
            ``(4) Development and use of pre-printed version of 
        statement by commission.--
                    ``(A) In general.--The Commission shall develop 
                pre-printed versions of the statements described in 
                paragraphs (2)(B)(i) and (3)(A) which include 
                appropriate blank spaces for the provision of names and 
                signatures.
                    ``(B) Providing pre-printed copy of statement.--
                Each State and jurisdiction that has a voter 
                identification requirement shall make copies of the 
                pre-printed version of the statement developed under 
                subparagraph (A) available at polling places for use by 
                individuals voting in person.
            ``(5) Required provision of identifying documents.--
                    ``(A) In general.--Each State and jurisdiction that 
                has a voter identification requirement shall--
                            ``(i) for each individual who, on or after 
                        the applicable date, is registered to vote in 
                        such State or jurisdiction in elections for 
                        Federal office, provide the individual with a 
                        government-issued identification that meets the 
                        requirements of this subsection without charge;
                            ``(ii) for each individual who, before the 
                        applicable date, was registered to vote in such 
                        State or jurisdiction in elections for Federal 
                        office but does not otherwise possess an 
                        identifying document, provide the individual 
                        with a government-issued identification that 
                        meets the requirements of this subsection 
                        without charge, so long as the State provides 
                        the individual with reasonable opportunities to 
                        obtain such identification prior to the date of 
                        the election; and
                            ``(iii) for each individual who is provided 
                        with an identification under clause (i) or 
                        clause (ii), provide the individual with such 
                        assistance without charge upon request as may 
                        be necessary to enable the individual to obtain 
                        and process any documentation necessary to 
                        obtain the identification.
                    ``(B) Applicable date.--For purposes of this 
                paragraph, the term `applicable date' means the later 
                of--
                            ``(i) January 1, 2022, or
                            ``(ii) the first date after the date of the 
                        enactment of this subsection for which the 
                        State or local jurisdiction has in effect a 
                        voter identification requirement.
            ``(6) Applicable identifying document.--For purposes of 
        this subsection--
                    ``(A) In general.--The term `applicable identifying 
                document' means, with respect to any individual, any 
                document issued to such individual containing the 
                individual's name.
                    ``(B) Included documents.--The term `applicable 
                identifying document' shall include any of the 
                following (so long as that document has not expired or, 
                if expired, expired no earlier than four years before 
                the date of presentation):
                            ``(i) A driver's license or an 
                        identification card issued by a State, the 
                        Federal Government, or a State or federally 
                        recognized Tribal government.
                            ``(ii) A State-issued identification 
                        described in paragraph (4).
                            ``(iii) A United States passport or 
                        passport card.
                            ``(iv) A employee identification card 
                        issued by--
                                    ``(I) any branch, department, 
                                agency, or entity of the United States 
                                Government or of any State,
                                    ``(II) any State or federally 
                                recognized Tribal government, or
                                    ``(III) any county, municipality, 
                                board, authority, or other political 
                                subdivision of a State.
                            ``(v) A student identification card issued 
                        by an institution of higher education, or a 
                        high school identification card issued by a 
                        State-accredited high school.
                            ``(vi) A military identification card 
                        issued by the United States.
                            ``(vii) A gun license or concealed carry 
                        permit.
                            ``(viii) A Medicare card or Social Security 
                        card.
                            ``(ix) A birth certificate.
                            ``(x) A voter registration card.
                            ``(xi) A hunting or fishing license issued 
                        by a State.
                            ``(xii) A identification card issued to the 
                        individual by the Supplemental Nutrition 
                        Assistance (SNAP) program.
                            ``(xiii) A identification card issued to 
                        the individual by the Temporary Assistance for 
                        Needy Families (TANF) program.
                            ``(xiv) A identification card issued to the 
                        individual by Medicaid.
                            ``(xv) A bank card or debit card.
                            ``(xvi) A utility bill issued within six 
                        months of the date of the election.
                            ``(xvii) A lease or mortgage document 
                        issued within six months of the date of the 
                        election.
                            ``(xviii) A bank statement issued within 
                        six months of the date of the election.
                            ``(xix) A health insurance card issued to 
                        the voter.
                            ``(xx) Any other document containing the 
                        individual's name issued by--
                                    ``(I) any branch, department, 
                                agency, or entity of the United States 
                                Government or of any State;
                                    ``(II) any State or federally 
                                recognized tribal government; or
                                    ``(III) any county, municipality, 
                                board, authority, or other political 
                                subdivision of a State.
                    ``(C) Copies and electronic documents accepted.--
                The term `applicable identifying document' includes--
                            ``(i) any copy of a document described in 
                        subparagraph (A) or (B); and
                            ``(ii) any document described in 
                        subparagraph (A) or (B) which is presented in 
                        electronic format.''.
    (b) Payments to States to Cover Costs of Required Identification 
Documents.--
            (1) In general.--The Election Assistance Commission shall 
        make payments to States to cover the costs incurred in 
        providing identifications under section 303(c)(5) of the Help 
        America Vote Act of 2002, as amended by this section.
            (2) Amount of payment.--The amount of the payment made to a 
        State under this subsection for any year shall be equal to the 
        amount of fees which would have been collected by the State 
        during the year in providing the identifications required under 
        section 303(c)(5) of such Act if the State had charged the 
        usual and customary rates for such identifications, as 
        determined on the basis of information furnished to the 
        Commission by the State at such time and in such form as the 
        Commission may require.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated for payments under this subsection an 
        aggregate amount of $5,000,000 for fiscal year 2022 and each of 
        the 4 succeeding fiscal years.
    (c) Conforming Amendments.--Section 303(b)(2)(A) of the Help 
America Vote Act of 2002 (52 U.S.C. 21083(b)(2)(A)) is amended--
            (1) in clause (i), by striking ``in person'' and all that 
        follows and inserting ``in person, presents to the appropriate 
        State or local election official an applicable identifying 
        document (as defined in subsection (c)(6)); or''; and
            (2) in clause (ii), by striking ``by mail'' and all that 
        follows and inserting ``by mail, submits with the ballot an 
        applicable identifying document (as so defined).''.
    (d) Effective Date.--Section 303(e) of such Act (52 U.S.C. 
21083(d)(2)), as redesignated by subsection (a), is amended by adding 
at the end the following new paragraph:
            ``(3) Voter identification requirements.--Each State and 
        jurisdiction shall be required to comply with the requirements 
        of subsection (c) with respect to elections for Federal office 
        held on or after January 1, 2022.''.

             Subtitle J--Voter List Maintenance Procedures

                    PART 1--VOTER CAGING PROHIBITED

SEC. 1901. VOTER CAGING PROHIBITED.

    (a) Definitions.--In this section--
            (1) the term ``voter caging document'' means--
                    (A) a non-forwardable document sent by any person 
                other than a State or local election official that is 
                returned to the sender or a third party as undelivered 
                or undeliverable despite an attempt to deliver such 
                document to the address of a registered voter or 
                applicant; or
                    (B) any document sent by any person other than a 
                State or local election official with instructions to 
                an addressee that the document be returned to the 
                sender or a third party but is not so returned, despite 
                an attempt to deliver such document to the address of a 
                registered voter or applicant;
            (2) the term ``voter caging list'' means a list of 
        individuals compiled from voter caging documents; and
            (3) the term ``unverified match list'' means any list 
        produced by matching the information of registered voters or 
        applicants for voter registration to a list of individuals who 
        are ineligible to vote in the registrar's jurisdiction, by 
        virtue of death, conviction, change of address, or otherwise, 
        unless one of the pieces of information matched includes a 
        signature, photograph, or unique identifying number ensuring 
        that the information from each source refers to the same 
        individual.
    (b) Prohibition Against Voter Caging.--No State or local election 
official shall prevent an individual from registering or voting in any 
election for Federal office, or permit in connection with any election 
for Federal office a formal challenge under State law to an 
individual's registration status or eligibility to vote, if the basis 
for such decision is evidence consisting of--
            (1) a voter caging document or voter caging list;
            (2) an unverified match list;
            (3) an error or omission on any record or paper relating to 
        any application, registration, or other act requisite to 
        voting, if such error or omission is not material to an 
        individual's eligibility to vote under section 2004(a)(2)(B) of 
        the Revised Statutes (52 U.S.C. 10101(a)(2)(B)); or
            (4) any other evidence so designated for purposes of this 
        section by the Election Assistance Commission,
except that the election official may use such evidence if it is 
corroborated by independent evidence of the individual's ineligibility 
to register or vote.
    (c) Enforcement.--
            (1) Civil enforcement.--
                    (A) In general.--The Attorney General may bring a 
                civil action in an appropriate district court for such 
                declaratory or injunctive relief as is necessary to 
                carry out this section.
                    (B) Private right of action.--
                            (i) In general.--A person who is aggrieved 
                        by a violation of this section may provide 
                        written notice of the violation to the chief 
                        election official of the State involved.
                            (ii) Relief.--Except as provided in clause 
                        (iii), if the violation is not corrected within 
                        90 days after receipt of a notice under clause 
                        (i), or within 20 days after receipt of the 
                        notice if the violation occurred within 120 
                        days before the date of an election for Federal 
                        office, the aggrieved person may, in a civil 
                        action, obtain declaratory or injunctive relief 
                        with respect to the violation.
                            (iii) Exception.--If the violation occurred 
                        within 30 days before the date of an election 
                        for Federal office, the aggrieved person need 
                        not provide notice under clause (i) before 
                        bringing a civil action to obtain declaratory 
                        or injunctive relief with respect to the 
                        violation.
            (2) Criminal penalty.--Whoever knowingly challenges the 
        eligibility of one or more individuals to register or vote or 
        knowingly causes the eligibility of such individuals to be 
        challenged in violation of this section with the intent that 
        one or more eligible voters be disqualified, shall be fined 
        under title 18, United States Code, or imprisoned not more than 
        1 year, or both, for each such violation. Each violation shall 
        be a separate offense.
    (d) No Effect on Related Laws.--Nothing in this section is intended 
to override the protections of the National Voter Registration Act of 
1993 (52 U.S.C. 20501 et seq.) or to affect the Voting Rights Act of 
1965 (52 U.S.C. 10301 et seq.).

           PART 2--SAVING ELIGIBLE VOTERS FROM VOTER PURGING

SEC. 1911. CONDITIONS FOR REMOVAL OF VOTERS FROM LIST OF REGISTERED 
              VOTERS.

    (a) Conditions Described.--The National Voter Registration Act of 
1993 (52 U.S.C. 20501 et seq.) is amended by inserting after section 8 
the following new section:

``SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM OFFICIAL LIST OF 
              REGISTERED VOTERS.

    ``(a) Verification on Basis of Objective and Reliable Evidence of 
Ineligibility.--
            ``(1) Requiring verification.--Notwithstanding any other 
        provision of this Act, a State may not remove the name of any 
        registrant from the official list of voters eligible to vote in 
        elections for Federal office in the State unless the State 
        verifies, on the basis of objective and reliable evidence, that 
        the registrant is ineligible to vote in such elections.
            ``(2) Factors not considered as objective and reliable 
        evidence of ineligibility.--For purposes of paragraph (1), 
        except as permitted under section 8(d) after a notice described 
        in paragraph (2) of such section has been sent, the following 
        factors, or any combination thereof, shall not be treated as 
        objective and reliable evidence of a registrant's ineligibility 
        to vote:
                    ``(A) The failure of the registrant to vote in any 
                election.
                    ``(B) The failure of the registrant to respond to 
                any election mail, unless the election mail has been 
                returned as undeliverable.
                    ``(C) The failure of the registrant to take any 
                other action with respect to voting in any election or 
                with respect to the registrant's status as a 
                registrant.
            ``(3) Removal based on official records.--
                    ``(A) In general.--Nothing in this section shall 
                prohibit a State from removing a registrant from the 
                official list of eligible voters in elections for 
                Federal office if, on the basis of official records 
                maintained by the State, a State or local election 
                official knows, on the basis of objective and reliable 
                evidence, that the registrant has--
                            ``(i) died; or
                            ``(ii) permanently moved out of the State 
                        and is no longer eligible to vote in the State.
                    ``(B) Opportunity to demonstrate eligibility.--The 
                State shall provide a voter removed from the official 
                list of eligible voters in elections for Federal office 
                under this paragraph an opportunity to demonstrate that 
                the registrant is eligible to vote and be reinstated on 
                the official list of eligible voters in elections for 
                Federal office in the State.
    ``(b) Notice After Removal.--
            ``(1) Notice to individual removed.--
                    ``(A) In general.--Not later than 48 hours after a 
                State removes the name of a registrant from the 
                official list of eligible voters, the State shall send 
                notice of the removal to the former registrant, and 
                shall include in the notice the grounds for the removal 
                and information on how the former registrant may 
                contest the removal or be reinstated, including a 
                telephone number for the appropriate election official.
                    ``(B) Exceptions.--Subparagraph (A) does not apply 
                in the case of a registrant--
                            ``(i) who sends written confirmation to the 
                        State that the registrant is no longer eligible 
                        to vote in the registrar's jurisdiction in 
                        which the registrant was registered; or
                            ``(ii) who is removed from the official 
                        list of eligible voters by reason of the death 
                        of the registrant.
            ``(2) Public notice.--Not later than 48 hours after 
        conducting any general program to remove the names of 
        ineligible voters from the official list of eligible voters (as 
        described in section 8(a)(4)), the State shall disseminate a 
        public notice through such methods as may be reasonable to 
        reach the general public (including by publishing the notice in 
        a newspaper of wide circulation and posting the notice on the 
        websites of the appropriate election officials) that list 
        maintenance is taking place and that registrants should check 
        their registration status to ensure no errors or mistakes have 
        been made. The State shall ensure that the public notice 
        disseminated under this paragraph is in a format that is 
        reasonably convenient and accessible to voters with 
        disabilities, including voters who have low vision or are 
        blind.''.
    (b) Conditions for Transmission of Notices of Removal.--Section 
8(d) of such Act (52 U.S.C. 20507(d)) is amended by adding at the end 
the following new paragraph:
            ``(4) A State may not transmit a notice to a registrant 
        under this subsection unless the State obtains objective and 
        reliable evidence (in accordance with the standards for such 
        evidence which are described in section 8A(a)(2)) that the 
        registrant has changed residence to a place outside the 
        registrar's jurisdiction in which the registrant is 
        registered.''.
    (c) Conforming Amendments.--
            (1) National voter registration act of 1993.--Section 8(a) 
        of such Act (52 U.S.C. 20507(a)) is amended--
                    (A) in paragraph (3), by striking ``provide'' and 
                inserting ``subject to section 8A, provide''; and
                    (B) in paragraph (4), by striking ``conduct'' and 
                inserting ``subject to section 8A, conduct''.
            (2) Help america vote act of 2002.--Section 303(a)(4)(A) of 
        the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(4)(A)) is 
        amended by striking ``registrants'' the second place it appears 
        and inserting ``and subject to section 8A of such Act, 
        registrants''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

                        Subtitle K--Severability

SEC. 1921. SEVERABILITY.

    If any provision of this title or amendment made by this title, or 
the application of a provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remainder of this 
title and amendments made by this title, and the application of the 
provisions and amendment to any person or circumstance, shall not be 
affected by the holding.

                     DIVISION B--ELECTION INTEGRITY

       TITLE II--PROHIBITING INTERFERENCE WITH VOTER REGISTRATION

SEC. 2001. PROHIBITING HINDERING, INTERFERING WITH, OR PREVENTING VOTER 
              REGISTRATION.

    (a) In General.--Chapter 29 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 612. Hindering, interfering with, or preventing registering to 
              vote
    ``(a) Prohibition.--It shall be unlawful for any person, whether 
acting under color of law or otherwise, to corruptly hinder, interfere 
with, or prevent another person from registering to vote or to 
corruptly hinder, interfere with, or prevent another person from aiding 
another person in registering to vote.
    ``(b) Attempt.--Any person who attempts to commit any offense 
described in subsection (a) shall be subject to the same penalties as 
those prescribed for the offense that the person attempted to commit.
    ``(c) Penalty.--Any person who violates subsection (a) shall be 
fined under this title, imprisoned not more than 5 years, or both.''.
    (b) 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. Hindering, interfering with, or preventing registering to 
                            vote.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to elections held on or after the date of the 
enactment of this Act, except that no person may be found to have 
violated section 612 of title 18, United States Code (as added by 
subsection (a)), on the basis of any act occurring prior to the date of 
the enactment of this Act.

SEC. 2002. ESTABLISHMENT OF BEST PRACTICES.

    (a) Best Practices.--Not later than 180 days after the date of the 
enactment of this Act, the Attorney General shall develop and publish 
recommendations for best practices for States to use to deter and 
prevent violations of section 612 of title 18, United States Code (as 
added by section 2001), and section 12 of the National Voter 
Registration Act of 1993 (52 U.S.C. 20511) (relating to the unlawful 
interference with registering to vote, or voting, or attempting to 
register to vote or vote), including practices to provide for the 
posting of relevant information at polling places and voter 
registration agencies under such Act, the training of poll workers and 
election officials, and relevant educational materials. For purposes of 
this subsection, the term ``State'' includes the District of Columbia, 
the Commonwealth of Puerto Rico, Guam, American Samoa, the United 
States Virgin Islands, and the Commonwealth of the Northern Mariana 
Islands.
    (b) Inclusion in Voter Information Requirements.--Section 302(b)(2) 
of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)(2)) is 
amended--
            (1) by striking ``and'' at the end of subparagraph (E);
            (2) by striking the period at the end of subparagraph (F) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(G) information relating to the prohibitions of 
                section 612 of title 18, United States Code, and 
                section 12 of the National Voter Registration Act of 
                1993 (52 U.S.C. 20511) (relating to the unlawful 
                interference with registering to vote, or voting, or 
                attempting to register to vote or vote), including 
                information on how individuals may report allegations 
                of violations of such prohibitions.''.

               TITLE III--PREVENTING ELECTION SUBVERSION

     Subtitle A--Restrictions on Removal of Election Administrators

SEC. 3001. RESTRICTIONS ON REMOVAL OF LOCAL ELECTION ADMINISTRATORS IN 
              ADMINISTRATION OF ELECTIONS FOR FEDERAL OFFICE.

    (a) Findings.--Congress makes the following findings:
            (1) Congress has explicit and broad authority to regulate 
        the time, place, and manner of Federal elections under the 
        Elections Clause under article I, section 4, clause 1 of the 
        Constitution, including by establishing standards for the fair, 
        impartial, and uniform administration of Federal elections by 
        State and local officials.
            (2) The Elections Clause was understood from the framing of 
        the Constitution to contain ``words of great latitude,'' 
        granting Congress broad power over Federal elections and a 
        plenary right to preempt State regulation in this area. As made 
        clear at the Constitutional Convention and the State 
        ratification debates that followed, this grant of congressional 
        authority was meant to ``insure free and fair elections,'' 
        promote the uniform administration of Federal elections, and 
        ``preserve and restore to the people their equal and sacred 
        rights of election.''.
            (3) In the founding debates on the Elections Clause, many 
        delegates also argued that a broad grant of authority to 
        Congress over Federal elections was necessary to check any 
        ``abuses that might be made of the discretionary power'' to 
        regulate the time, place, and manner of elections granted the 
        States, including attempts at partisan entrenchment, 
        malapportionment, and the exclusion of political minorities. As 
        the Supreme Court has recognized, the Elections Clause empowers 
        Congress to ``protect the elections on which its existence 
        depends,'' Ex parte Yarbrough, 110 U.S. 651, 658 (1884), and 
        ``protect the citizen in the exercise of rights conferred by 
        the Constitution of the United States essential to the healthy 
        organization of the government itself,'' id. at 666.
            (4) The Elections Clause grants Congress ``plenary and 
        paramount jurisdiction over the whole subject'' of Federal 
        elections, Ex parte Siebold, 100 U.S. 371, 388 (1879), allowing 
        Congress to implement ``a complete code for congressional 
        elections.'' Smiley v.  Holm, 285 U.S. 355, 366 (1932). The 
        Elections Clause, unlike, for example, the Commerce Clause, has 
        been found to grant Congress the authority to compel States to 
        alter their regulations as to Federal elections, id. at 366-67, 
        even if these alterations would impose additional costs on the 
        States to execute or enforce. Association of Community 
        Organizations for Reform Now v.  Miller, 129 F.3d 833 (6th Cir. 
        1997).
            (5) The phrase ``manner of holding elections'' in the 
        Elections Clause has been interpreted by the Supreme Court to 
        authorize Congress to regulate all aspects of the Federal 
        election process, including ``notices, registration, 
        supervision of voting, protection of voters, prevention of 
        fraud and corrupt practices, counting of votes, duties of 
        inspectors and canvassers, and the making and publication of 
        election returns.'' Smiley v.  Holm, 285 U.S. 355, 366 (1932).
            (6) The Supreme Court has recognized the broad 
        ``substantive scope'' of the Elections Clause and upheld 
        Federal laws promulgated thereunder regulating redistricting, 
        voter registration, campaign finance, primary elections, 
        recounts, party affiliation rules, and balloting.
            (7) The authority of Congress under the Elections Clause 
        also entails the power to ensure enforcement of its laws 
        regulating Federal elections. ``[I]f Congress has the power to 
        make regulations, it must have the power to enforce them.'' Ex 
        parte Siebold, 100 U.S. 371, 387 (1879). The Supreme Court has 
        noted that there can be no question that Congress may impose 
        additional penalties for offenses committed by State officers 
        in connection with Federal elections even if they differ from 
        the penalties prescribed by State law for the same acts. Id. at 
        387-88.
            (8) The fair and impartial administration of Federal 
        elections by State and local officials is central to ``the 
        successful working of this government,'' Ex parte Yarbrough, 
        110 U.S. 651, 666 (1884), and to ``protect the act of voting . 
        . . and the election itself from corruption or fraud,'' id. at 
        661-62.
            (9) The Elections Clause thus grants Congress the authority 
        to ensure that the administration of Federal elections is free 
        of political bias or discrimination and that election officials 
        are insulated from political influence or other forms of 
        coercion in discharging their duties in connection with Federal 
        elections.
            (10) In some States, oversight of local election 
        administrators has been allocated to State Election Boards, or 
        special commissions formed by those boards, that are appointed 
        by the prevailing political party in a State, as opposed to 
        nonpartisan or elected office holders.
            (11) In certain newly enacted State policies, these 
        appointed statewide election administrators have been granted 
        wide latitude to suspend or remove local election 
        administrators in cases where the statewide election 
        administrators identify whatever the State deems to be a 
        violation. There is no requirement that there be a finding of 
        intent by the local election administrator to commit the 
        violation.
            (12) Local election administrators across the country can 
        be suspended or removed according to different standards, 
        potentially exposing them to different political pressures or 
        biases that could result in uneven administration of Federal 
        elections.
            (13) The Elections Clause grants Congress the ultimate 
        authority to ensure that oversight of State and local election 
        administrators is fair and impartial in order to ensure 
        equitable and uniform administration of Federal elections.
            (14) Congress has the authority to prevent politically 
        motivated removals of local election officials pursuant to the 
        First and Fourteenth Amendments. The Supreme Court has held 
        that the First Amendment prohibits the removal of local 
        government officials due to their party affiliation or 
        political beliefs. Elrod v. Burns, 427 U.S. 347 (1976); Branti 
        v. Finkel, 445 U.S. 507 (1980). ``[C]onditioning continued 
        public employment on an employee's having obtained support from 
        a particular political party violates the First Amendment 
        because of the coercion of belief that necessarily flows from 
        the knowledge that one must have a sponsor in the dominant 
        party in order to retain one's job,'' Rutan v. Republican Party 
        of Illinois, 497 U.S. 62, 71 (1990), which is a particularly 
        pernicious pressure in the fair and neutral administration of 
        elections. Congress has the authority to enforce these First 
        Amendment protections under section 5 of the Fourteenth 
        Amendment.
    (b) Restriction.--
            (1) Standard for removal of a local election 
        administrator.--A statewide election administrator may only 
        suspend, remove, or relieve the duties of a local election 
        administrator in the State with respect to the administration 
        of an election for Federal office for gross negligence, neglect 
        of duty, or malfeasance in office.
            (2) Private right of action.--
                    (A) In general.--Any local election administrator 
                suspended, removed, or otherwise relieved of duties in 
                violation of paragraph (1) with respect to the 
                administration of an election for Federal office or 
                against whom any proceeding for suspension, removal, or 
                relief from duty in violation of paragraph (1) with 
                respect to the administration of an election for 
                Federal office may be pending, may bring an action in 
                an appropriate district court of the United States for 
                declaratory or injunctive relief with respect to the 
                violation. Any such action shall name as the defendant 
                the statewide election administrator responsible for 
                the adverse action. The district court shall, to the 
                extent practicable, expedite any such proceeding.
                    (B) Statute of limitations.--Any action brought 
                under this subsection must be commenced not later than 
                one year after the date of the suspension, removal, 
                relief from duties, or commencement of the proceeding 
                to remove, suspend, or relieve the duties of a local 
                election administrator with respect to the 
                administration of an election for Federal office.
            (3) Attorney's fees.--In any action or proceeding under 
        this subsection, the court may allow a prevailing plaintiff, 
        other than the United States, reasonable attorney's fees as 
        part of the costs, and may include expert fees as part of the 
        attorney's fee. The term ``prevailing plaintiff'' means a 
        plaintiff that substantially prevails pursuant to a judicial or 
        administrative judgment or order, or an enforceable written 
        agreement.
            (4) Removal of state proceedings to federal court.--A local 
        election administrator who is subject to an administrative or 
        judicial proceeding for suspension, removal, or relief from 
        duty by a statewide election administrator with respect to the 
        administration of an election for Federal office may remove the 
        proceeding to an appropriate district court of the United 
        States. Any order remanding a case to the State court or agency 
        from which it was removed under this subsection shall be 
        reviewable by appeal or otherwise.
            (5) Right of united states to intervene.--
                    (A) Notice to attorney general.--Whenever any 
                administrative or judicial proceeding is brought to 
                suspend, remove, or relieve the duties of any local 
                election administrator by a statewide election 
                administrator with respect to the administration of an 
                election for Federal office, the statewide election 
                administrator who initiated such proceeding shall 
                deliver a copy of the pleadings instituting the 
                proceeding to the Assistant Attorney General for the 
                Civil Rights Division of the Department of Justice. The 
                local election administrator against whom such 
                proceeding is brought may also deliver such pleadings 
                to the Assistant Attorney General.
                    (B) Right to intervene.--The United States may 
                intervene in any administrative or judicial proceeding 
                brought to suspend, remove, or relieve the duties of 
                any local election administrator by a statewide 
                election administrator with respect to the 
                administration of an election for Federal office and in 
                any action initiated pursuant to paragraph (2) or in 
                any removal pursuant to paragraph (4).
            (6) Review.--In reviewing any action brought under this 
        section, a court of the United States shall not afford any 
        deference to any State official, administrator, or tribunal 
        that initiated, approved, adjudicated, or reviewed any 
        administrative or judicial proceeding to suspend, remove, or 
        otherwise relieve the duties of a local election administrator.
            (7) Definitions.--In this section, the following 
        definitions apply:
                    (A) Election.--The term ``election'' has the 
                meaning given the term in section 301(1) of the Federal 
                Election Campaign Act of 1971 (52 U.S.C. 30101(1)).
                    (B) Federal office.--The term ``Federal office'' 
                has the meaning given the term in section 301(3) of the 
                Federal Election Campaign Act of 1971 (52 U.S.C. 
                30101(3)).
                    (C) Local election administrator.--The term ``local 
                election administrator'' means, with respect to a local 
                jurisdiction in a State, an individual or entity 
                responsible for the administration of elections for 
                Federal office in the local jurisdiction.
                    (D) Statewide election administrator.--The term 
                ``statewide election administrator'' means, with 
                respect to a State--
                            (i) the individual or entity, including a 
                        State elections board, responsible for the 
                        administration of elections for Federal office 
                        in the State on a statewide basis; or
                            (ii) a legislative entity with the 
                        authority to suspend, remove, or relieve a 
                        local election administrator.
    (c) Rule of Construction.--Nothing in this section shall be 
construed to grant any additional authority to remove a local elections 
administrator beyond any authority provided under the law of the State.

         Subtitle B--Increased Protections for Election Workers

SEC. 3101. HARASSMENT OF ELECTION WORKERS PROHIBITED.

    (a) In General.--Chapter 29 of title 18, United 6 States Code, as 
amended by section 2001(a), is amended by adding at the end the 
following new section:

``SEC. 613. HARASSMENT OF ELECTION RELATED OFFICIALS.

    ``(a) Harassment of Election Workers.--It shall be unlawful for any 
person, whether acting under color of law or otherwise, to intimidate, 
threaten, coerce, or attempt to intimidate, threaten, or coerce an 
election worker described in subsection (b) with intent to impede, 
intimidate, or interfere with such official while engaged in the 
performance of official duties, or with intent to retaliate against 
such official on account of the performance of official duties.
    ``(b) Election Worker Described.--An election worker as described 
in this section is any individual who is an election official, poll 
worker, or an election volunteer in connection with an election for a 
Federal office.
    ``(c) Penalty.--Any person who violates subsection (a) shall be 
fined not more than $100,000, imprisoned for not more than 5 years, or 
both.''.
    (b) Clerical Amendment.--The table of sections for chapter 29 of 
title 18, United States Code, as amended by section 2001(b), is amended 
by adding at the end the following new item:

``613. Harassment of election related officials.''.

SEC. 3102. PROTECTION OF ELECTION WORKERS.

    Paragraph (2) of section 119(b) of title 18, United States Code, is 
amended by striking ``or'' at the end of subparagraph (C), by inserting 
``or'' at the end of subparagraph (D), and by adding at the end the 
following new subparagraph:
                    ``(E) any individual who is an election official, a 
                poll worker, or an election volunteer in connection 
                with an election for a Federal office;''.

   Subtitle C--Prohibiting Deceptive Practices and Preventing Voter 
                              Intimidation

SEC. 3201. SHORT TITLE.

    This subtitle may be cited as the ``Deceptive Practices and Voter 
Intimidation Prevention Act of 2021''.

SEC. 3202. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL ELECTIONS.

    (a) Prohibition.--Subsection (b) of section 2004 of the Revised 
Statutes (52 U.S.C. 10101(b)) is amended--
            (1) by striking ``No person'' and inserting the following:
            ``(1) In general.--No person''; and
            (2) by inserting at the end the following new paragraphs:
            ``(2) False statements regarding federal elections.--
                    ``(A) Prohibition.--No person, whether acting under 
                color of law or otherwise, shall, within 60 days before 
                an election described in paragraph (5), by any means, 
                including by means of written, electronic, or 
                telephonic communications, communicate or cause to be 
                communicated information described in subparagraph (B), 
                or produce information described in subparagraph (B) 
                with the intent that such information be communicated, 
                if such person--
                            ``(i) knows such information to be 
                        materially false; and
                            ``(ii) has the intent to impede or prevent 
                        another person from exercising the right to 
                        vote in an election described in paragraph (5).
                    ``(B) Information described.--Information is 
                described in this subparagraph if such information is 
                regarding--
                            ``(i) the time, place, or manner of holding 
                        any election described in paragraph (5); or
                            ``(ii) the qualifications for or 
                        restrictions on voter eligibility for any such 
                        election, including--
                                    ``(I) any criminal, civil, or other 
                                legal penalties associated with voting 
                                in any such election; or
                                    ``(II) information regarding a 
                                voter's registration status or 
                                eligibility.
            ``(3) False statements regarding public endorsements.--
                    ``(A) Prohibition.--No person, whether acting under 
                color of law or otherwise, shall, within 60 days before 
                an election described in paragraph (5), by any means, 
                including by means of written, electronic, or 
                telephonic communications, communicate, or cause to be 
                communicated, a materially false statement about an 
                endorsement, if such person--
                            ``(i) knows such statement to be false; and
                            ``(ii) has the intent to impede or prevent 
                        another person from exercising the right to 
                        vote in an election described in paragraph (5).
                    ``(B) Definition of `materially false'.--For 
                purposes of subparagraph (A), a statement about an 
                endorsement is `materially false' if, with respect to 
                an upcoming election described in paragraph (5)--
                            ``(i) the statement states that a 
                        specifically named person, political party, or 
                        organization has endorsed the election of a 
                        specific candidate for a Federal office 
                        described in such paragraph; and
                            ``(ii) such person, political party, or 
                        organization has not endorsed the election of 
                        such candidate.
            ``(4) Hindering, interfering with, or preventing voting or 
        registering to vote.--No person, whether acting under color of 
        law or otherwise, shall intentionally hinder, interfere with, 
        or prevent another person from voting, registering to vote, or 
        aiding another person to vote or register to vote in an 
        election described in paragraph (5), including by operating a 
        polling place or ballot box that falsely purports to be an 
        official location established for such an election by a unit of 
        government.
            ``(5) Election described.--An election described in this 
        paragraph is any general, primary, runoff, or special election 
        held solely or in part for the purpose of nominating or 
        electing a candidate for the office of President, Vice 
        President, Presidential elector, Member of the Senate, Member 
        of the House of Representatives, or Delegate or Commissioner 
        from a Territory or possession.''.
    (b) Private Right of Action.--
            (1) In general.--Subsection (c) of section 2004 of the 
        Revised Statutes (52 U.S.C. 10101(c)) is amended--
                    (A) by striking ``Whenever any person'' and 
                inserting the following:
            ``(1) In general.--Whenever any person''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(2) Civil action.--Any person aggrieved by a violation of 
        this section may institute a civil action for preventive 
        relief, including an application in a United States district 
        court for a permanent or temporary injunction, restraining 
        order, or other order. In any such action, the court, in its 
        discretion, may allow the prevailing party a reasonable 
        attorney's fee as part of the costs.''.
            (2) Conforming amendments.--Section 2004 of the Revised 
        Statutes (52 U.S.C. 10101) is amended--
                    (A) in subsection (e), by striking ``subsection 
                (c)'' and inserting ``subsection (c)(1)''; and
                    (B) in subsection (g), by striking ``subsection 
                (c)'' and inserting ``subsection (c)(1)''.
    (c) Criminal Penalties.--
            (1) Deceptive acts.--Section 594 of title 18, United States 
        Code, is amended--
                    (A) by striking ``Whoever'' and inserting the 
                following:
    ``(a) Intimidation.--Whoever'';
                    (B) in subsection (a), as inserted by subparagraph 
                (A), by striking ``at any election'' and inserting ``at 
                any general, primary, runoff, or special election''; 
                and
                    (C) by adding at the end the following new 
                subsections:
    ``(b) Deceptive Acts.--
            ``(1) False statements regarding federal elections.--
                    ``(A) Prohibition.--It shall be unlawful for any 
                person, whether acting under color of law or otherwise, 
                within 60 days before an election described in 
                subsection (e), by any means, including by means of 
                written, electronic, or telephonic communications, to 
                communicate or cause to be communicated information 
                described in subparagraph (B), or produce information 
                described in subparagraph (B) with the intent that such 
                information be communicated, if such person--
                            ``(i) knows such information to be 
                        materially false; and
                            ``(ii) has the intent to impede or prevent 
                        another person from exercising the right to 
                        vote in an election described in subsection 
                        (e).
                    ``(B) Information described.--Information is 
                described in this subparagraph if such information is 
                regarding--
                            ``(i) the time or place of holding any 
                        election described in subsection (e); or
                            ``(ii) the qualifications for or 
                        restrictions on voter eligibility for any such 
                        election, including--
                                    ``(I) any criminal, civil, or other 
                                legal penalties associated with voting 
                                in any such election; or
                                    ``(II) information regarding a 
                                voter's registration status or 
                                eligibility.
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined not more than $100,000, imprisoned for not more than 5 
        years, or both.
    ``(c) Hindering, Interfering With, or Preventing Voting or 
Registering To Vote.--
            ``(1) Prohibition.--It shall be unlawful for any person, 
        whether acting under color of law or otherwise, to corruptly 
        hinder, interfere with, or prevent another person from voting, 
        registering to vote, or aiding another person to vote or 
        register to vote in an election described in subsection (e).
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined not more than $100,000, imprisoned for not more than 5 
        years, or both.
    ``(d) Attempt.--Any person who attempts to commit any offense 
described in subsection (a), (b)(1), or (c)(1) shall be subject to the 
same penalties as those prescribed for the offense that the person 
attempted to commit.
    ``(e) Election Described.--An election described in this subsection 
is any general, primary, runoff, or special election held solely or in 
part for the purpose of nominating or electing a candidate for the 
office of President, Vice President, Presidential elector, Senator, 
Member of the House of Representatives, or Delegate or Resident 
Commissioner to the Congress.''.
            (2) Modification of penalty for voter intimidation.--
        Section 594(a) of title 18, United States Code, as amended by 
        paragraph (1), is amended by striking ``fined under this title 
        or imprisoned not more than one year'' and inserting ``fined 
        not more than $100,000, imprisoned for not more than 5 years''.
            (3) Sentencing guidelines.--
                    (A) Review and amendment.--Not later than 180 days 
                after the date of enactment of this Act, the United 
                States Sentencing Commission, pursuant to its authority 
                under section 994 of title 28, United States Code, and 
                in accordance with this section, shall review and, if 
                appropriate, amend the Federal sentencing guidelines 
                and policy statements applicable to persons convicted 
                of any offense under section 594 of title 18, United 
                States Code, as amended by this section.
                    (B) Authorization.--The United States Sentencing 
                Commission may amend the Federal Sentencing Guidelines 
                in accordance with the procedures set forth in section 
                21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 
                note) as though the authority under that section had 
                not expired.
            (4) Payments for refraining from voting.--Subsection (c) of 
        section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307) 
        is amended by striking ``either for registration to vote or for 
        voting'' and inserting ``for registration to vote, for voting, 
        or for not voting''.

SEC. 3203. CORRECTIVE ACTION.

    (a) Corrective Action.--
            (1) In general.--If the Attorney General receives a 
        credible report that materially false information has been or 
        is being communicated in violation of paragraphs (2) and (3) of 
        section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), 
        as added by section 3202(a), and if the Attorney General 
        determines that State and local election officials have not 
        taken adequate steps to promptly communicate accurate 
        information to correct the materially false information, the 
        Attorney General shall, pursuant to the written procedures and 
        standards under subsection (b), communicate to the public, by 
        any means, including by means of written, electronic, or 
        telephonic communications, accurate information designed to 
        correct the materially false information.
            (2) Communication of corrective information.--Any 
        information communicated by the Attorney General under 
        paragraph (1)--
                    (A) shall--
                            (i) be accurate and objective;
                            (ii) consist of only the information 
                        necessary to correct the materially false 
                        information that has been or is being 
                        communicated; and
                            (iii) to the extent practicable, be by a 
                        means that the Attorney General determines will 
                        reach the persons to whom the materially false 
                        information has been or is being communicated; 
                        and
                    (B) shall not be designed to favor or disfavor any 
                particular candidate, organization, or political party.
    (b) Written Procedures and Standards for Taking Corrective 
Action.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Attorney General shall publish 
        written procedures and standards for determining when and how 
        corrective action will be taken under this section.
            (2) Inclusion of appropriate deadlines.--The procedures and 
        standards under paragraph (1) shall include appropriate 
        deadlines, based in part on the number of days remaining before 
        the upcoming election.
            (3) Consultation.--In developing the procedures and 
        standards under paragraph (1), the Attorney General shall 
        consult with the Election Assistance Commission, State and 
        local election officials, civil rights organizations, voting 
        rights groups, voter protection groups, and other interested 
        community organizations.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General such sums as may be necessary to 
carry out this subtitle.

SEC. 3204. REPORTS TO CONGRESS.

    (a) In General.--Not later than 180 days after each general 
election for Federal office, the Attorney General shall submit to 
Congress a report compiling all allegations received by the Attorney 
General of deceptive practices described in paragraphs (2), (3), and 
(4) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as 
added by section 3202(a), relating to the general election for Federal 
office and any primary, runoff, or a special election for Federal 
office held in the 2 years preceding the general election.
    (b) Contents.--
            (1) In general.--Each report submitted under subsection (a) 
        shall include--
                    (A) a description of each allegation of a deceptive 
                practice described in subsection (a), including the 
                geographic location, racial and ethnic composition, and 
                language minority-group membership of the persons 
                toward whom the alleged deceptive practice was 
                directed;
                    (B) the status of the investigation of each 
                allegation described in subparagraph (A);
                    (C) a description of each corrective action taken 
                by the Attorney General under section 4(a) in response 
                to an allegation described in subparagraph (A);
                    (D) a description of each referral of an allegation 
                described in subparagraph (A) to other Federal, State, 
                or local agencies;
                    (E) to the extent information is available, a 
                description of any civil action instituted under 
                section 2004(c)(2) of the Revised Statutes (52 U.S.C. 
                10101(c)(2)), as added by section 3202(b), in 
                connection with an allegation described in subparagraph 
                (A); and
                    (F) a description of any criminal prosecution 
                instituted under section 594 of title 18, United States 
                Code, as amended by section 3202(c), in connection with 
                the receipt of an allegation described in subparagraph 
                (A) by the Attorney General.
            (2) Exclusion of certain information.--
                    (A) In general.--The Attorney General shall not 
                include in a report submitted under subsection (a) any 
                information protected from disclosure by rule 6(e) of 
                the Federal Rules of Criminal Procedure or any Federal 
                criminal statute.
                    (B) Exclusion of certain other information.--The 
                Attorney General may determine that the following 
                information shall not be included in a report submitted 
                under subsection (a):
                            (i) Any information that is privileged.
                            (ii) Any information concerning an ongoing 
                        investigation.
                            (iii) Any information concerning a criminal 
                        or civil proceeding conducted under seal.
                            (iv) Any other nonpublic information that 
                        the Attorney General determines the disclosure 
                        of which could reasonably be expected to 
                        infringe on the rights of any individual or 
                        adversely affect the integrity of a pending or 
                        future criminal investigation.
    (c) Report Made Public.--On the date that the Attorney General 
submits the report under subsection (a), the Attorney General shall 
also make the report publicly available through the internet and other 
appropriate means.

SEC. 3205. PRIVATE RIGHTS OF ACTION BY ELECTION OFFICIALS.

    Subsection (c)(2) of section 2004 of the Revised Statutes (52 
U.S.C. 10101(b)), as added by section 3202(b), is amended--
            (1) by striking ``Any person'' and inserting the following:
                    ``(A) In general.--Any person''; and
            (2) by adding at the end the following new subparagraph:
                    ``(B) Intimidation, etc.--
                            ``(i) In general.--A person aggrieved by a 
                        violation of subsection (b)(1) shall include, 
                        without limitation, an officer responsible for 
                        maintaining order and preventing intimidation, 
                        threats, or coercion in or around a location at 
                        which voters may cast their votes. .
                            ``(ii) Corrective action.--If the Attorney 
                        General receives a credible report that conduct 
                        that violates or would be reasonably likely to 
                        violate subsection (b)(1) has occurred or is 
                        likely to occur, and if the Attorney General 
                        determines that State and local officials have 
                        not taken adequate steps to promptly 
                        communicate that such conduct would violate 
                        subsection (b)(1) or applicable State or local 
                        laws, Attorney General shall communicate to the 
                        public, by any means, including by means of 
                        written, electronic, or telephonic 
                        communications, accurate information designed 
                        to convey the unlawfulness of proscribed 
                        conduct under subsection (b)(1) and the 
                        responsibilities of and resources available to 
                        State and local officials to prevent or correct 
                        such violations.''.

SEC. 3206. MAKING INTIMIDATION OF TABULATION, CANVAS, AND CERTIFICATION 
              EFFORTS A CRIME.

    Section 12(1) of the National Voter Registration Act (52 U.S.C. 
20511) is amended--
            (1) in subparagraph (B), by striking ``or'' at the end; and
            (2) by adding at the end the following new subparagraph:
                    ``(D) processing or scanning ballots, or 
                tabulating, canvassing, or certifying voting results; 
                or''.

  Subtitle D--Protection of Election Records & Election Infrastructure

SEC. 3301. STRENGTHEN PROTECTIONS FOR FEDERAL ELECTION RECORDS.

    Section 301 of the Civil Rights Act of 1960 (52 U.S.C. 20701) is 
amended--
            (1) by striking ``Every officer'' and inserting the 
        following:
    ``(a) In General.--Every officer'';
            (2) by striking ``records and papers'' and inserting 
        ``records (including electronic records), papers, and election 
        equipment'' each place the term appears;
            (3) by striking ``record or paper'' and inserting ``record 
        (including electronic record), paper, or election equipment'';
            (4) by inserting ``(but only under the direct 
        administrative supervision of an election officer). 
        Notwithstanding any other provision of this section, the paper 
        record of a voter's cast ballot shall remain the official 
        record of the cast ballot for purposes of this title'' after 
        ``upon such custodian'';
            (5) by inserting ``, or acts in reckless disregard of,'' 
        after ``fails to comply with''; and
            (6) by inserting after subsection (a) the following:
    ``(b) Election Equipment.--The requirement in subsection (a) to 
preserve election equipment shall not be construed to prevent the reuse 
of such equipment in any election that takes place within twenty-two 
months of a Federal election described in subsection (a), provided that 
all electronic records, files, and data from such equipment related to 
such Federal election are retained and preserved.
    ``(c) Guidance.--Not later than 1 year after the date of enactment 
of this subsection, the Director of the Cybersecurity and 
Infrastructure Security Agency of the Department of Homeland Security, 
in consultation with the Election Assistance Commission and the 
Attorney General, shall issue guidance regarding compliance with 
subsections (a) and (b), including minimum standards and best practices 
for retaining and preserving records and papers in compliance with 
subsection (a). Such guidance shall also include protocols for enabling 
the observation of the preservation, security, and transfer of records 
and papers described in subsection (a) by the Attorney General and by a 
representative of each party, as defined by the Attorney General.''.

SEC. 3302. PENALTIES; INSPECTION; NONDISCLOSURE; JURISDICTION.

    (a) Expansion of Scope of Penalties for Interference.--Section 302 
of the Civil Rights Act of 1960 (52 U.S.C. 20702) is amended--
            (1) by inserting ``, or whose reckless disregard of section 
        301 results in the theft, destruction, concealment, mutilation, 
        or alteration of,'' after ``or alters''; and
            (2) by striking ``record or paper'' and inserting ``record 
        (including electronic record), paper, or election equipment''.
    (b) Inspection, Reproduction, and Copying.--Section 303 of the 
Civil Rights Act of 1960 (52 U.S.C. 20703) is amended by striking 
``record or paper'' and inserting ``record (including electronic 
record), paper, or election equipment'' each place the term appears.
    (c) Nondisclosure.--Section 304 of the Civil Rights Act of 1960 (52 
U.S.C. 20704) is amended by striking ``record or paper'' and inserting 
``record (including electronic record), paper, or election equipment''.
    (d) Jurisdiction to Compel Production.--Section 305 of the Civil 
Rights Act of 1960 (52 U.S.C. 20705) is amended by striking ``record or 
paper'' and inserting ``record (including electronic record), paper, or 
election equipment'' each place the term appears.

SEC. 3303. JUDICIAL REVIEW TO ENSURE COMPLIANCE.

    Title III of the Civil Rights Act of 1960 (52 U.S.C. 20701 et seq.) 
is amended by adding at the end the following:

``SEC. 307. JUDICIAL REVIEW TO ENSURE COMPLIANCE.

    ``(a) Cause of Action.--The Attorney General, a representative of 
the Attorney General, or a candidate in a Federal election described in 
section 301 may bring an action in the district court of the United 
States for the judicial district in which a record or paper is located, 
or in the United States District Court for the District of Columbia, to 
compel compliance with the requirements of section 301.
    ``(b) Duty to Expedite.--It shall be the duty of the court to 
advance on the docket, and to expedite to the greatest possible extent 
the disposition of, the action and any appeal under this section.''.

 Subtitle E--Judicial Protection of the Right to Vote and Non-partisan 
                            Vote Tabulation

SEC. 3401. UNDUE BURDENS ON THE ABILITY TO VOTE IN ELECTIONS FOR 
              FEDERAL OFFICE PROHIBITED.

    (a) In General.--Every citizen of legal voting age shall have the 
right to vote in elections for Federal office.
    (b) Retrogression.--A government may not diminish the ability to 
vote in an election for Federal office unless the law, rule, standard, 
practice, procedure, or other governmental action causing the 
diminishment is the least restrictive means of significantly furthering 
an important, particularized government interest.
    (c) Substantial Impairment.--A government may not substantially 
impair the ability to vote in an election for Federal office unless the 
law, rule, standard, practice, procedure, or other governmental action 
causing the impairment significantly furthers an important, 
particularized governmental interest.

SEC. 3402. JUDICIAL REVIEW.

    (a) Civil Action.--An action challenging a violation of the rights 
created by this subtitle may be brought in the district court for the 
District of Columbia, or the district court for the district in which 
the violation took place or where any defendant resides or does 
business, at the selection of the plaintiff, to obtain all appropriate 
relief, whether declaratory or injunctive, or facial or as-applied. 
Process may be served in any district where a defendant resides, does 
business, or may be found.
    (b) Standards to Be Applied.--In a civil action under this section, 
the following shall apply:
            (1) Retrogression.--
                    (A) A plaintiff establishes a prima facie case of 
                retrogression under section 4401(b) by demonstrating by 
                a preponderance of the evidence that a rule, standard, 
                practice, procedure, or other governmental action 
                diminishes the ability, or otherwise makes it more 
                difficult, to vote.
                    (B) Once a plaintiff establishes a prima facie case 
                as described in subparagraph (A), the government shall 
                be provided an opportunity to demonstrate by clear and 
                convincing evidence that the diminishment is necessary 
                to significantly further an important, particularized 
                governmental interest.
                    (C) If the government meets its burden under 
                subparagraph (B), the challenged rule, standard, 
                practice, procedure, or other governmental action shall 
                nonetheless be deemed invalid if the plaintiff 
                demonstrates by a preponderance of the evidence that 
                the government could adopt or implement a less-
                restrictive means of furthering the particular 
                important governmental interest.
            (2) Substantial impairment.--
                    (A) A plaintiff establishes a prima facie case of 
                substantial impairment under section 4401(c) by 
                demonstrating by a preponderance of the evidence that a 
                rule, standard, practice, procedure, or other 
                governmental action substantially impairs the ability, 
                or makes it substantially difficult, to vote.
                    (B) Once a plaintiff establishes a prima facie case 
                as described in subparagraph (A), the government shall 
                be provided an opportunity to demonstrate by clear and 
                convincing evidence that the impairment significantly 
                furthers an important, particularized governmental 
                interest.
    (c) Duty to Expedite.--It shall be the duty of the court to advance 
on the docket and to expedite to the greatest reasonable extent the 
disposition of the action and appeal under this section.
    (d) Attorney's Fees.--Section 722(b) of the Revised Statutes (42 
U.S.C. 1988(b)) is amended--
            (1) by striking ``or section 40302'' and inserting 
        ``section 40302''; and
            (2) by striking ``, the court'' and inserting ``, or 
        section 4402(a) of the Freedom to Vote Act, the court''.

SEC. 3403. DEFINITIONS.

    In this subtitle--
            (1) the terms ``election'' and ``Federal office'' have the 
        meanings given such terms in section 301 of the Federal 
        Election Campaign Act of 1971 (52 U.S.C. 30101);
            (2) the term ``government'' includes a branch, department, 
        agency, instrumentality, and official (or other person acting 
        under color of law) of the United States, of any State, or of 
        any political subdivision of any State;
            (3) the term ``State'' means the District of Columbia, the 
        Commonwealth of Puerto Rico, and each territory and possession 
        of the United States; and
            (4) the term ``vote'' means all actions necessary to make a 
        vote effective, including registration or other action required 
        by law as a prerequisite to voting, casting a ballot, and 
        having such ballot counted and included in the appropriate 
        totals of votes cast with respect to candidates for public 
        office for which votes are received in an election.

SEC. 3404. RULES OF CONSTRUCTION.

    (a) Burdens Not Authorized.--Nothing in this subtitle may be 
construed to authorize a government to burden the right to vote in 
elections for Federal office.
    (b) Other Rights and Remedies.--Nothing in this subtitle shall be 
construed as indicating an intent on the part of Congress to alter any 
rights existing under a State constitution or the Constitution of the 
United States, or to limit any remedies for any other violations of 
Federal, State, or local law.
    (c) Other Provisions of This Act.--Nothing in this subtitle shall 
be construed as affecting section 1703 of this Act (relating to rights 
of citizens).

SEC. 3405. SEVERABILITY.

    If any provision of this subtitle or the application of such 
provision to any citizen or circumstance is held to be 
unconstitutional, the remainder of this subtitle and the application of 
the provisions of such to any citizen or circumstance shall not be 
affected thereby.

SEC. 3406. EFFECTIVE DATE.

    This subtitle shall apply with respect to any elections for Federal 
office occurring on or after January 1, 2022.

            Subtitle F--Poll Worker Recruitment and Training

SEC. 3501. GRANTS TO STATES FOR POLL WORKER RECRUITMENT AND TRAINING.

    (a) Grants by Election Assistance Commission.--
            (1) In general.--The Election Assistance Commission 
        (hereafter referred to as the ``Commission'') shall, subject to 
        the availability of appropriations provided to carry out this 
        section, make a grant to each eligible State for recruiting and 
        training individuals to serve as poll workers on dates of 
        elections for public office.
            (2) Use of commission materials.--In carrying out 
        activities with a grant provided under this section, the 
        recipient of the grant shall use the manual prepared by the 
        Commission on successful practices for poll worker recruiting, 
        training, and retention as an interactive training tool, and 
        shall develop training programs with the participation and 
        input of experts in adult learning.
            (3) Access and cultural considerations.--The Commission 
        shall ensure that the manual described in paragraph (2) 
        provides training in methods that will enable poll workers to 
        provide access and delivery of services in a culturally 
        competent manner to all voters who use their services, 
        including those with limited English proficiency, diverse 
        cultural and ethnic backgrounds, disabilities, and regardless 
        of gender, sexual orientation, or gender identity. These 
        methods must ensure that each voter will have access to poll 
        worker services that are delivered in a manner that meets the 
        unique needs of the voter.
    (b) Requirements for Eligibility.--
            (1) Application.--Each State that desires to receive a 
        payment under this section shall submit an application for the 
        payment to the Commission at such time and in such manner and 
        containing such information as the Commission shall require.
            (2) Contents of application.--Each application submitted 
        under paragraph (1) shall--
                    (A) describe the activities for which assistance 
                under this section is sought;
                    (B) provide assurances that the funds provided 
                under this section will be used to supplement and not 
                supplant other funds used to carry out the activities;
                    (C) provide assurances that the State will furnish 
                the Commission with information on the number of 
                individuals who served as poll workers after 
                recruitment and training with the funds provided under 
                this section;
                    (D) provide assurances that the State will dedicate 
                poll worker recruitment efforts with respect to--
                            (i) youth and minors, including by 
                        recruiting at institutions of higher education 
                        and secondary education; and
                            (ii) diversity, including with respect to 
                        race, ethnicity, and disability; and
                    (E) provide such additional information and 
                certifications as the Commission determines to be 
                essential to ensure compliance with the requirements of 
                this section.
    (c) Amount of Grant.--
            (1) In general.--The amount of a grant made to a State 
        under this section shall be equal to the product of--
                    (A) the aggregate amount made available for grants 
                to States under this section; and
                    (B) the voting age population percentage for the 
                State.
            (2) Voting age population percentage defined.--In paragraph 
        (1), the ``voting age population percentage'' for a State is 
        the quotient of--
                    (A) the voting age population of the State (as 
                determined on the basis of the most recent information 
                available from the Bureau of the Census); and
                    (B) the total voting age population of all States 
                (as determined on the basis of the most recent 
                information available from the Bureau of the Census).
    (d) Reports to Congress.--
            (1) Reports by recipients of grants.--Not later than 6 
        months after the date on which the final grant is made under 
        this section, each recipient of a grant shall submit a report 
        to the Commission on the activities conducted with the funds 
        provided by the grant.
            (2) Reports by commission.--Not later than 1 year after the 
        date on which the final grant is made under this section, the 
        Commission shall submit a report to Congress on the grants made 
        under this section and the activities carried out by recipients 
        with the grants, and shall include in the report such 
        recommendations as the Commission considers appropriate.
    (e) Funding.--
            (1) Continuing availability of amount appropriated.--Any 
        amount appropriated to carry out this section shall remain 
        available without fiscal year limitation until expended.
            (2) Administrative expenses.--Of the amount appropriated 
        for any fiscal year to carry out this section, not more than 3 
        percent shall be available for administrative expenses of the 
        Commission.

SEC. 3502. STATE DEFINED.

    In this subtitle, the term ``State'' includes 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.

           Subtitle G--Preventing Poll Observer Interference

SEC. 3601. PROTECTIONS FOR VOTERS ON ELECTION DAY.

    (a) Requirements.--Subtitle A of title III of the Help America Vote 
Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after 
section 303 the following new section:

``SEC. 303A. VOTER PROTECTION REQUIREMENTS.

    ``(a) Requirements for Challenges by Persons Other Than Election 
Officials.--
            ``(1) Requirements for challenges.--No person, other than a 
        State or local election official, shall submit a formal 
        challenge to an individual's eligibility to register to vote in 
        an election for Federal office or to vote in an election for 
        Federal office unless that challenge is supported by personal 
        knowledge with respect to each individual challenged regarding 
        the grounds for ineligibility which is--
                    ``(A) documented in writing; and
                    ``(B) subject to an oath or attestation under 
                penalty of perjury that the challenger has a good faith 
                factual basis to believe that the individual who is the 
                subject of the challenge is ineligible to register to 
                vote or vote in that election, except a challenge which 
                is based on the race, ethnicity, or national origin of 
                the individual who is the subject of the challenge may 
                not be considered to have a good faith factual basis 
                for purposes of this paragraph.
            ``(2) Prohibition on challenges on or near date of 
        election.--No person, other than a State or local election 
        official, shall be permitted--
                    ``(A) to challenge an individual's eligibility to 
                vote in an election for Federal office on Election Day 
                on grounds that could have been made in advance of such 
                day, or
                    ``(B) to challenge an individual's eligibility to 
                register to vote in an election for Federal office or 
                to vote in an election for Federal office less than 10 
                days before the election unless the individual 
                registered to vote less than 20 days before the 
                election.
    ``(b) Buffer Rule.--
            ``(1) In general.--A person who is serving as a poll 
        observer with respect to an election for Federal office may not 
        come within 8 feet of--
                    ``(A) a voter or ballot at a polling location 
                during any period of voting (including any period of 
                early voting) in such election; or
                    ``(B) a ballot at any time during which the 
                processing, scanning, tabulating, canvassing, or 
                certifying voting results is occurring.
            ``(2) Rule of construction.--Nothing in paragraph (1) may 
        be construed to limit the ability of a State or local election 
        official to require poll observers to maintain a distance 
        greater than 8 feet.
    ``(c) Effective Date.--This section shall apply with respect to 
elections for Federal office occurring on and after January 1, 2022.''.
    (b) Conforming Amendment Relating to Voluntary Guidance.--Section 
321(b)(4) of such Act (52 U.S.C. 21101(b)), as added and redesignated 
by section 1101(b) and as amended by sections 1102, 1103, 1104, and 
1303, is amended by striking ``and 313'' and inserting ``313, and 
303A''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 303 the 
following:

``Sec. 303A. Voter protection requirements.''.

       Subtitle H--Preventing Restrictions on Food and Beverages

SEC. 3701. FINDINGS.

    Congress finds the following:
            (1) States have a legitimate interest in prohibiting 
        electioneering at or near polling places, and each State has 
        some form of restriction on political activities near polling 
        places when voting is taking place.
            (2) In recent elections, voters have waited in unacceptably 
        long lines to cast their ballot. During the 2018 midterm 
        election, more than 3,000,000 voters were made to wait longer 
        than the acceptable threshold for wait times set by the 
        Presidential Commission on Election Administration, including 
        many well-documented cases where voters were made to wait for 
        several hours. A disproportionate number of those who had to 
        wait long periods were Black or Latino voters, who were more 
        likely than White voters to wait in the longest lines on 
        Election Day.
            (3) Allowing volunteers to donate food and water to all 
        people waiting in line at a polling place, regardless of the 
        voters' political preference and without engaging in 
        electioneering activities or partisan advocacy, helps ensure 
        Americans who face long lines at their polling place can still 
        exercise their Constitutional right to vote, without risk of 
        dehydration, inadequate food, discomfort, and risks to health.

SEC. 3702. PROHIBITING RESTRICTIONS ON DONATIONS OF FOOD AND BEVERAGES 
              AT POLLING STATIONS.

    (a) Requirement.--Subtitle A of title III of the Help America Vote 
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), 
section 1044(a), section 1101(a), section 1102(a), section 1103(a), 
section 1104(a), section 1201(a), section 1301(a), section 1302(a), 
section 1303(b), section 1305(a), section 1607(a)(1), section 1608(a), 
and section 1624(a) is amended--
            (1) by redesignating sections 318 and 319 as sections 319 
        and 320, respectively; and
            (2) by inserting after section 317 the following new 
        section:

``SEC. 318. PROHIBITING STATES FROM RESTRICTING DONATIONS OF FOOD AND 
              BEVERAGES AT POLLING STATIONS.

    ``(a) Prohibition.--Subject to the exception in subsection (b), a 
State may not impose any restriction on the donation of food and 
nonalcoholic beverages to persons outside of the entrance to the 
building where a polling place for a Federal election is located, 
provided that such food and nonalcoholic beverages are distributed 
without regard to the electoral participation or political preferences 
of the recipients.
    ``(b) Exception.--A State may require persons distributing food and 
nonalcoholic beverages outside the entrance to the building where a 
polling place for a Federal election is located to refrain from 
political or electioneering activity.
    ``(c) Effective Date.--This section shall apply with respect to 
elections for Federal office occurring on and after January 1, 2022.''.
    (b) Voluntary Guidance.--Section 321(b)(4) of such Act (52 U.S.C. 
21101(b)), as added and redesignated by section 1101(b) and as amended 
by sections 1102, 1103, 1104, 1303, and 3601(b), is amended by striking 
``and 303A'' and inserting ``303A, and 317''.
    (c) Clerical Amendments.--The table of contents of such Act, as 
amended by section 1031(c), section 1044(b), section 1101(c), section 
1102(c), section 1103(a), section 1104(c), section 1201(c), section 
1301(a), section 1302(a), section 1303(b), section 1305(a), section 
1607(a)(3), section 1608(b), and section 1624(b) is amended--
            (1) by redesignating the items relating to sections 318 and 
        319 as relating to sections 319 and 320, respectively; and
            (2) by inserting after the item relating to section 317 the 
        following new item:

``Sec. 318. Prohibiting States from restricting donations of food and 
                            beverages at polling stations.''.

 Subtitle I--Establishing Duty to Report Foreign Election Interference

SEC. 3801. FINDINGS RELATING TO ILLICIT MONEY UNDERMINING OUR 
              DEMOCRACY.

    Congress finds the following:
            (1) Criminals, terrorists, and corrupt government officials 
        frequently abuse anonymously held Limited Liability Companies 
        (LLCs), also known as ``shell companies,'' to hide, move, and 
        launder the dirty money derived from illicit activities such as 
        trafficking, bribery, exploitation, and embezzlement. Ownership 
        and control of the finances that run through shell companies 
        are obscured to regulators and law enforcement because little 
        information is required and collected when establishing these 
        entities.
            (2) The public release of the ``Panama Papers'' in 2016 and 
        the ``Paradise Papers'' in 2017 revealed that these shell 
        companies often purchase and sell United States real estate. 
        United States anti-money laundering laws do not apply to cash 
        transactions involving real estate effectively concealing the 
        beneficiaries and transactions from regulators and law 
        enforcement.
            (3) Since the Supreme Court's decisions in Citizens United 
        v.  Federal Election Commission, 558 U.S. 310 (2010), millions 
        of dollars have flowed into super PACs through LLCs whose 
        funders are anonymous or intentionally obscured. Criminal 
        investigations have uncovered LLCs that were used to hide 
        illegal campaign contributions from foreign criminal fugitives, 
        to advance international influence-buying schemes, and to 
        conceal contributions from donors who were already under 
        investigation for bribery and racketeering. Voters have no way 
        to know the true sources of the money being routed through 
        these LLCs to influence elections, including whether any of the 
        funds come from foreign or other illicit sources.
            (4) Congress should curb the use of anonymous shell 
        companies for illicit purposes by requiring United States 
        companies to disclose their beneficial owners, strengthening 
        anti-money laundering and counter-terrorism finance laws.
            (5) Congress should examine the money laundering and 
        terrorist financing risks in the real estate market, including 
        the role of anonymous parties, and review legislation to 
        address any vulnerabilities identified in this sector.
            (6) Congress should examine the methods by which corruption 
        flourishes and the means to detect and deter the financial 
        misconduct that fuels this driver of global instability. 
        Congress should monitor government efforts to enforce United 
        States anticorruption laws and regulations.

SEC. 3802. FEDERAL CAMPAIGN REPORTING OF FOREIGN CONTACTS.

    (a) Initial Notice.--
            (1) In general.--Section 304 of the Federal Election 
        Campaign Act of 1971 (52 U.S.C. 30104) is amended by adding at 
        the end the following new subsection:
    ``(j) Disclosure of Reportable Foreign Contacts.--
            ``(1) Committee obligation to notify.--Not later than 1 
        week after a reportable foreign contact, each political 
        committee shall notify the Federal Bureau of Investigation and 
        the Commission of the reportable foreign contact and provide a 
        summary of the circumstances with respect to such reportable 
        foreign contact. The Federal Bureau of Investigation, not later 
        than 1 week after receiving a notification from a political 
        committee under this paragraph, shall submit to the political 
        committee, the Permanent Select Committee on Intelligence of 
        the House of Representatives, and the Select Committee on 
        Intelligence of the Senate written or electronic confirmation 
        of receipt of the notification.
            ``(2) Individual obligation to notify.--Not later than 3 
        days after a reportable foreign contact--
                    ``(A) each candidate and each immediate family 
                member of a candidate shall notify the treasurer or 
                other designated official of the principal campaign 
                committee of such candidate of the reportable foreign 
                contact and provide a summary of the circumstances with 
                respect to such reportable foreign contact; and
                    ``(B) each official, employee, or agent of a 
                political committee shall notify the treasurer or other 
                designated official of the committee of the reportable 
                foreign contact and provide a summary of the 
                circumstances with respect to such reportable foreign 
                contact.
            ``(3) Reportable foreign contact.--In this subsection:
                    ``(A) In general.--The term `reportable foreign 
                contact' means any direct or indirect contact or 
                communication that--
                            ``(i) is between--
                                    ``(I) a candidate, an immediate 
                                family member of the candidate, a 
                                political committee, or any official, 
                                employee, or agent of such committee; 
                                and
                                    ``(II) an individual that the 
                                person described in subclause (I) 
                                knows, has reason to know, or 
                                reasonably believes is a covered 
                                foreign national; and
                            ``(ii) the person described in clause 
                        (i)(I) knows, has reason to know, or reasonably 
                        believes involves--
                                    ``(I) an offer or other proposal 
                                for a contribution, donation, 
                                expenditure, disbursement, or 
                                solicitation described in section 319; 
                                or
                                    ``(II) coordination or 
                                collaboration with, an offer or 
                                provision of information or services to 
                                or from, or persistent and repeated 
                                contact with, a covered foreign 
                                national in connection with an 
                                election.
                    ``(B) Exceptions.--
                            ``(i) Contacts in official capacity as 
                        elected official.--The term `reportable foreign 
                        contact' shall not include any contact or 
                        communication with a covered foreign national 
                        by an elected official or an employee of an 
                        elected official solely in an official capacity 
                        as such an official or employee.
                            ``(ii) Contacts for purposes of enabling 
                        observation of elections by international 
                        observers.--The term `reportable foreign 
                        contact' shall not include any contact or 
                        communication with a covered foreign national 
                        by any person which is made for purposes of 
                        enabling the observation of elections in the 
                        United States by a foreign national or the 
                        observation of elections outside of the United 
                        States by a candidate, political committee, or 
                        any official, employee, or agent of such 
                        committee.
                            ``(iii) Exceptions not applicable if 
                        contacts or communications involve prohibited 
                        disbursements.--A contact or communication by 
                        an elected official or an employee of an 
                        elected official shall not be considered to be 
                        made solely in an official capacity for 
                        purposes of clause (i), and a contact or 
                        communication shall not be considered to be 
                        made for purposes of enabling the observation 
                        of elections for purposes of clause (ii), if 
                        the contact or communication involves a 
                        contribution, donation, expenditure, 
                        disbursement, or solicitation described in 
                        section 319.
                    ``(C) Covered foreign national defined.--
                            ``(i) In general.--In this paragraph, the 
                        term `covered foreign national' means--
                                    ``(I) a foreign principal (as 
                                defined in section 1(b) of the Foreign 
                                Agents Registration Act of 1938 (22 
                                U.S.C. 611(b)) that is a government of 
                                a foreign country or a foreign 
                                political party;
                                    ``(II) any person who acts as an 
                                agent, representative, employee, or 
                                servant, or any person who acts in any 
                                other capacity at the order, request, 
                                or under the direction or control, of a 
                                foreign principal described in 
                                subclause (I) or of a person any of 
                                whose activities are directly or 
                                indirectly supervised, directed, 
                                controlled, financed, or subsidized in 
                                whole or in major part by a foreign 
                                principal described in subclause (I); 
                                or
                                    ``(III) any person included in the 
                                list of specially designated nationals 
                                and blocked persons maintained by the 
                                Office of Foreign Assets Control of the 
                                Department of the Treasury pursuant to 
                                authorities relating to the imposition 
                                of sanctions relating to the conduct of 
                                a foreign principal described in 
                                subclause (I).
                            ``(ii) Clarification regarding application 
                        to citizens of the united states.--In the case 
                        of a citizen of the United States, subclause 
                        (II) of clause (i) applies only to the extent 
                        that the person involved acts within the scope 
                        of that person's status as the agent of a 
                        foreign principal described in subclause (I) of 
                        clause (i).
            ``(4) Immediate family member.--In this subsection, the 
        term `immediate family member' means, with respect to a 
        candidate, a parent, parent-in-law, spouse, adult child, or 
        sibling.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to reportable foreign contacts which 
        occur on or after the date of the enactment of this Act.
    (b) Information Included on Report.--
            (1) In general.--Section 304(b) of such Act (52 U.S.C. 
        30104(b)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (7);
                    (B) by striking the period at the end of paragraph 
                (8) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(9) for any reportable foreign contact (as defined in 
        subsection (j)(3))--
                    ``(A) the date, time, and location of the contact;
                    ``(B) the date and time of when a designated 
                official of the committee was notified of the contact;
                    ``(C) the identity of individuals involved; and
                    ``(D) a description of the contact, including the 
                nature of any contribution, donation, expenditure, 
                disbursement, or solicitation involved and the nature 
                of any activity described in subsection 
                (j)(3)(A)(ii)(II) involved.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply with respect to reports filed on or after the 
        expiration of the 60-day period which begins on the date of the 
        enactment of this Act.

SEC. 3803. FEDERAL CAMPAIGN FOREIGN CONTACT REPORTING COMPLIANCE 
              SYSTEM.

    (a) In General.--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) Reportable Foreign Contacts Compliance Policy.--
            ``(1) Reporting.--Each political committee shall establish 
        a policy that requires all officials, employees, and agents of 
        such committee (and, in the case of an authorized committee, 
        the candidate and each immediate family member of the 
        candidate) to notify the treasurer or other appropriate 
        designated official of the committee of any reportable foreign 
        contact (as defined in section 304(j)) not later than 3 days 
        after such contact was made.
            ``(2) Retention and preservation of records.--Each 
        political committee shall establish a policy that provides for 
        the retention and preservation of records and information 
        related to reportable foreign contacts (as so defined) for a 
        period of not less than 3 years.
            ``(3) Certification.--
                    ``(A) In general.--Upon filing its statement of 
                organization under section 303(a), and with each report 
                filed under section 304(a), the treasurer of each 
                political committee (other than an authorized 
                committee) shall certify that--
                            ``(i) the committee has in place policies 
                        that meet the requirements of paragraphs (1) 
                        and (2);
                            ``(ii) the committee has designated an 
                        official to monitor compliance with such 
                        policies; and
                            ``(iii) not later than 1 week after the 
                        beginning of any formal or informal affiliation 
                        with the committee, all officials, employees, 
                        and agents of such committee will--
                                    ``(I) receive notice of such 
                                policies;
                                    ``(II) be informed of the 
                                prohibitions under section 319; and
                                    ``(III) sign a certification 
                                affirming their understanding of such 
                                policies and prohibitions.
                    ``(B) Authorized committees.--With respect to an 
                authorized committee, the candidate shall make the 
                certification required under subparagraph (A).''.
    (b) Effective Date.--
            (1) In general.--The amendment made by subsection (a) shall 
        apply with respect to political committees which file a 
        statement of organization under section 303(a) of the Federal 
        Election Campaign Act of 1971 (52 U.S.C. 30103(a)) on or after 
        the date of the enactment of this Act.
            (2) Transition rule for existing committees.--Not later 
        than 30 days after the date of the enactment of this Act, each 
        political committee under the Federal Election Campaign Act of 
        1971 shall file a certification with the Federal Election 
        Commission that the committee is in compliance with the 
        requirements of section 302(j) of such Act (as added by 
        subsection (a)).

SEC. 3804. CRIMINAL PENALTIES.

    Section 309(d)(1) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30109(d)(1)) is amended by adding at the end the following new 
subparagraphs:
    ``(E) Any person who knowingly and willfully commits a violation of 
subsection (j) or (b)(9) of section 304 or section 302(j) shall be 
fined not more than $500,000, imprisoned not more than 5 years, or 
both.
    ``(F) Any person who knowingly and willfully conceals or destroys 
any materials relating to a reportable foreign contact (as defined in 
section 304(j)) shall be fined not more than $1,000,000, imprisoned not 
more than 5 years, or both.''.

SEC. 3805. REPORT TO CONGRESSIONAL INTELLIGENCE COMMITTEES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, and annually thereafter, the Director of the Federal 
Bureau of Investigation shall submit to the congressional intelligence 
committees a report relating to notifications received by the Federal 
Bureau of Investigation under section 304(j)(1) of the Federal Election 
Campaign Act of 1971 (as added by section 4902(a) of this Act).
    (b) Elements.--Each report under subsection (a) shall include, at a 
minimum, the following with respect to notifications described in 
subsection (a):
            (1) The number of such notifications received from 
        political committees during the year covered by the report.
            (2) A description of protocols and procedures developed by 
        the Federal Bureau of Investigation relating to receipt and 
        maintenance of records relating to such notifications.
            (3) With respect to such notifications received during the 
        year covered by the report, a description of any subsequent 
        actions taken by the Director resulting from the receipt of 
        such notifications.
    (c) Congressional Intelligence Committees Defined.--In this 
section, the term ``congressional intelligence committees'' has the 
meaning given that term in section 3 of the National Security Act of 
1947 (50 U.S.C. 3003).

SEC. 3806. RULE OF CONSTRUCTION.

    Nothing in this subtitle or the amendments made by this subtitle 
shall be construed--
            (1) to impede legitimate journalistic activities; or
            (2) to impose any additional limitation on the right to 
        express political views or to participate in public discourse 
        of any individual who--
                    (A) resides in the United States;
                    (B) is not a citizen of the United States or a 
                national of the United States, as defined in section 
                101(a)(22) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(22)); and
                    (C) is not lawfully admitted for permanent 
                residence, as defined by section 101(a)(20) of the 
                Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).

 Subtitle J--Promoting Accuracy, Integrity, and Security Through Voter-
                   Verifiable Permanent Paper Ballot

SEC. 3901. SHORT TITLE.

    This subtitle may be cited as the ``Voter Confidence and Increased 
Accessibility Act of 2021''.

SEC. 3902. PAPER BALLOT AND MANUAL COUNTING REQUIREMENTS.

    (a) In General.--Section 301(a)(2) of the Help America Vote Act of 
2002 (52 U.S.C. 21081(a)(2)) is amended to read as follows:
            ``(2) Paper ballot requirement.--
                    ``(A) Voter-verifiable paper ballots.--
                            ``(i) The voting system shall require the 
                        use of an individual, durable, voter-verifiable 
                        paper ballot of the voter's vote selections 
                        that shall be marked by the voter and presented 
                        to the voter for verification before the 
                        voter's ballot is preserved in accordance with 
                        subparagraph (B), and which shall be counted by 
                        hand or other counting device or read by a 
                        ballot tabulation device. For purposes of this 
                        subclause, the term `individual, durable, 
                        voter-verifiable paper ballot' means a paper 
                        ballot marked by the voter by hand or a paper 
                        ballot marked through the use of a 
                        nontabulating ballot marking device or system, 
                        so long as the voter shall have the option at 
                        every in-person voting location to mark by hand 
                        a printed ballot that includes all relevant 
                        contests and candidates.
                            ``(ii) The voting system shall provide the 
                        voter with an opportunity to correct any error 
                        on the paper ballot before the permanent voter-
                        verifiable paper ballot is preserved in 
                        accordance with subparagraph (B).
                            ``(iii) The voting system shall not 
                        preserve the voter-verifiable paper ballots in 
                        any manner that makes it possible, at any time 
                        after the ballot has been cast, to associate a 
                        voter with the record of the voter's vote 
                        selections.
                            ``(iv) The voting system shall prevent, 
                        through mechanical means or through 
                        independently verified protections, the 
                        modification or addition of vote selections on 
                        a printed or marked ballot at any time after 
                        the voter has been provided an opportunity to 
                        correct errors on the ballot pursuant to clause 
                        (ii).
                    ``(B) Preservation as official record.--The 
                individual, durable, voter-verifiable paper ballot used 
                in accordance with subparagraph (A) shall constitute 
                the official ballot and shall be preserved and used as 
                the official ballot for purposes of any recount or 
                audit conducted with respect to any election for 
                Federal office in which the voting system is used.
                    ``(C) Manual counting requirements for recounts and 
                audits.--
                            ``(i) Each paper ballot used pursuant to 
                        subparagraph (A) shall be suitable for a manual 
                        audit, and such ballots, or at least those 
                        ballots the machine could not count, shall be 
                        counted by hand in any recount or audit 
                        conducted with respect to any election for 
                        Federal office.
                            ``(ii) In the event of any inconsistencies 
                        or irregularities between any electronic vote 
                        tallies and the vote tallies determined by 
                        counting by hand the individual, durable, 
                        voter-verifiable paper ballots used pursuant to 
                        subparagraph (A), the individual, durable, 
                        voter-verifiable paper ballots shall be the 
                        true and correct record of the votes cast.
                    ``(D) Sense of congress.--It is the sense of 
                Congress that as innovation occurs in the election 
                infrastructure sector, Congress should ensure that this 
                Act and other Federal requirements for voting systems 
                are updated to keep pace with best practices and 
                recommendations for security and accessibility.''.
    (b) Conforming Amendment Clarifying Applicability of Alternative 
Language Accessibility.--Section 301(a)(4) of such Act (52 U.S.C. 
21081(a)(4)) is amended by inserting ``(including the paper ballots 
required to be used under paragraph (2))'' after ``voting system''.
    (c) Other Conforming Amendments.--Section 301(a)(1) of such Act (52 
U.S.C. 21081(a)(1)) is amended--
            (1) in subparagraph (A)(i), by striking ``counted'' and 
        inserting ``counted, in accordance with paragraphs (2) and 
        (3)'';
            (2) in subparagraph (A)(ii), by striking ``counted'' and 
        inserting ``counted, in accordance with paragraphs (2) and 
        (3)'';
            (3) in subparagraph (A)(iii), by striking ``counted'' each 
        place it appears and inserting ``counted, in accordance with 
        paragraphs (2) and (3)''; and
            (4) in subparagraph (B)(ii), by striking ``counted'' and 
        inserting ``counted, in accordance with paragraphs (2) and 
        (3)''.

SEC. 3903. ACCESSIBILITY AND BALLOT VERIFICATION FOR INDIVIDUALS WITH 
              DISABILITIES.

    (a) In General.--Paragraph (3) of section 301(a) of the Help 
America Vote Act of 2002 (52 U.S.C. 21081(a)(3)) is amended to read as 
follows:
            ``(3) Accessibility for individuals with disabilities.--
                    ``(A) In general.--The voting system shall--
                            ``(i) be accessible for individuals with 
                        disabilities, including nonvisual accessibility 
                        for the blind and visually impaired, in a 
                        manner that provides the same opportunity for 
                        access and participation (including privacy and 
                        independence) as for other voters;
                            ``(ii)(I) ensure that individuals with 
                        disabilities and others are given an equivalent 
                        opportunity to vote, including with privacy and 
                        independence, in a manner that produces a 
                        voter-verifiable paper ballot; and
                            ``(II) satisfy the requirement of clause 
                        (i) through the use at in-person polling 
                        locations of a sufficient number (not less than 
                        one) of voting systems equipped to serve 
                        individuals with and without disabilities, 
                        including nonvisual and enhanced visual 
                        accessibility for the blind and visually 
                        impaired, and nonmanual and enhanced manual 
                        accessibility for the mobility and dexterity 
                        impaired; and
                            ``(iii) if purchased with funds made 
                        available under title II on or after January 1, 
                        2007, meet the voting system standards for 
                        disability access (as outlined in this 
                        paragraph).
                    ``(B) Means of meeting requirements.--A voting 
                system may meet the requirements of subparagraph (A)(i) 
                and paragraph (2) by--
                            ``(i) allowing the voter to privately and 
                        independently verify the permanent paper ballot 
                        through the presentation, in accessible form, 
                        of the printed or marked vote selections from 
                        the same printed or marked information that 
                        would be used for any vote tabulation or 
                        auditing;
                            ``(ii) allowing the voter to privately and 
                        independently verify and cast the permanent 
                        paper ballot without requiring the voter to 
                        manually handle the paper ballot;
                            ``(iii) marking ballots that are identical 
                        in size, ink, and paper stock to those ballots 
                        that would either be marked by hand or be 
                        marked by a ballot marking device made 
                        generally available to voters; or
                            ``(iv) combining ballots produced by any 
                        ballot marking devices reserved for individuals 
                        with disabilities with ballots that have either 
                        been marked by voters by hand or marked by 
                        ballot marking devices made generally available 
                        to voters, in a way that prevents 
                        identification of the ballots that were cast 
                        using any ballot marking device that was 
                        reserved for individuals with disabilities.
                    ``(C) Sufficient number.--For purposes of 
                subparagraph (A)(ii)(II), the sufficient number of 
                voting systems for any in-person polling location shall 
                be determined based on guidance from the Attorney 
                General, in consultation with the Architectural and 
                Transportation Barriers Compliance Board established 
                under section 502(a)(1) of the Rehabilitation Act of 
                1973 (29 U.S.C. 792(a)(1)) (commonly referred to as the 
                United States Access Board) and the Commission.''.
    (b) Specific Requirement of Study, Testing, and Development of 
Accessible Voting Options.--
            (1) Study and reporting.--Subtitle C of title II of such 
        Act (52 U.S.C. 21081 et seq.) is amended--
                    (A) by redesignating section 247 as section 248; 
                and
                    (B) by inserting after section 246 the following 
                new section:

``SEC. 247. STUDY AND REPORT ON ACCESSIBLE VOTING OPTIONS.

    ``(a) Grants to Study and Report.--The Commission, in coordination 
with the Access Board and the Cybersecurity and Infrastructure Security 
Agency, shall make grants to not fewer than 2 eligible entities to 
study, test, and develop--
            ``(1) accessible and secure remote voting systems;
            ``(2) voting, verification, and casting devices to enhance 
        the accessibility of voting and verification for individuals 
        with disabilities; or
            ``(3) both of the matters described in paragraph (1) and 
        (2).
    ``(b) Eligibility.--An entity is eligible to receive a grant under 
this part if it submits to the Commission (at such time and in such 
form as the Commission may require) an application containing--
            ``(1) a certification that the entity shall complete the 
        activities carried out with the grant not later than January 1, 
        2024; and
            ``(2) such other information and certifications as the 
        Commission may require.
    ``(c) Availability of Technology.--Any technology developed with 
the grants made under this section shall be treated as non-proprietary 
and shall be made available to the public, including to manufacturers 
of voting systems.
    ``(d) Coordination With Grants for Technology Improvements.--The 
Commission shall carry out this section so that the activities carried 
out with the grants made under subsection (a) are coordinated with the 
research conducted under the grant program carried out by the 
Commission under section 271, to the extent that the Commission 
determine necessary to provide for the advancement of accessible voting 
technology.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out subsection (a) $10,000,000, to remain 
available until expended.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended--
                    (A) by redesignating the item relating to section 
                247 as relating to section 248; and
                    (B) by inserting after the item relating to section 
                246 the following new item:

``Sec. 247. Study and report on accessible voting options.''.
    (c) Clarification of Accessibility Standards Under Voluntary Voting 
System Guidance.--In adopting any voluntary guidance under subtitle B 
of title III of the Help America Vote Act with respect to the 
accessibility of the paper ballot verification requirements for 
individuals with disabilities, the Election Assistance Commission shall 
include and apply the same accessibility standards applicable under the 
voluntary guidance adopted for accessible voting systems under such 
subtitle.
    (d) Permitting Use of Funds for Protection and Advocacy Systems To 
Support Actions To Enforce Election-Related Disability Access.--Section 
292(a) of the Help America Vote Act of 2002 (52 U.S.C. 21062(a)) is 
amended by striking ``; except that'' and all that follows and 
inserting a period.

SEC. 3904. DURABILITY AND READABILITY REQUIREMENTS FOR BALLOTS.

    Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 
21081(a)) is amended by adding at the end the following new paragraph:
            ``(7) Durability and readability requirements for 
        ballots.--
                    ``(A) Durability requirements for paper ballots.--
                            ``(i) In general.--All voter-verifiable 
                        paper ballots required to be used under this 
                        Act shall be marked or printed on durable 
                        paper.
                            ``(ii) Definition.--For purposes of this 
                        Act, paper is `durable' if it is capable of 
                        withstanding multiple counts and recounts by 
                        hand without compromising the fundamental 
                        integrity of the ballots, and capable of 
                        retaining the information marked or printed on 
                        them for the full duration of a retention and 
                        preservation period of 22 months.
                    ``(B) Readability requirements for paper ballots 
                marked by ballot marking device.--All voter-verifiable 
                paper ballots completed by the voter through the use of 
                a ballot marking device shall be clearly readable by 
                the voter without assistance (other than eyeglasses or 
                other personal vision enhancing devices) and by a 
                ballot tabulation device or other device equipped for 
                individuals with disabilities.''.

SEC. 3905. STUDY AND REPORT ON OPTIMAL BALLOT DESIGN.

    (a) Study.--The Election Assistance Commission shall conduct a 
study of the best ways to design ballots used in elections for public 
office, including paper ballots and electronic or digital ballots, to 
minimize confusion and user errors.
    (b) Report.--Not later than January 1, 2022, the Election 
Assistance Commission shall submit to Congress a report on the study 
conducted under subsection (a).

SEC. 3906. BALLOT MARKING DEVICE CYBERSECURITY REQUIREMENTS.

    Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 
21081(a)), as amended by section 3914, is further amended by adding at 
the end the following new paragraphs:
            ``(8) Prohibition of use of wireless communications devices 
        in systems or devices.--No system or device upon which ballot 
        marking devices or ballot tabulation devices are configured, 
        upon which ballots are marked by voters at a polling place 
        (except as necessary for individuals with disabilities to use 
        ballot marking devices that meet the accessibility requirements 
        of paragraph (3)), or upon which votes are cast, tabulated, or 
        aggregated shall contain, use, or be accessible by any 
        wireless, power-line, or concealed communication device.
            ``(9) Prohibiting connection of system to the internet.--No 
        system or device upon which ballot marking devices or ballot 
        tabulation devices are configured, upon which ballots are 
        marked by voters at a voting place, or upon which votes are 
        cast, tabulated, or aggregated shall be connected to the 
        internet or any non-local computer system via telephone or 
        other communication network at any time.''.

SEC. 3907. EFFECTIVE DATE FOR NEW REQUIREMENTS.

    Section 301(d) of the Help America Vote Act of 2002 (52 U.S.C. 
21081(d)) is amended to read as follows:
    ``(d) Effective Date.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each State and jurisdiction shall be required to comply with 
        the requirements of this section on and after January 1, 2006.
            ``(2) Special rule for certain requirements.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), the requirements of this 
                section which are first imposed on a State or 
                jurisdiction pursuant to the amendments made by the 
                Voter Confidence and Increased Accessibility Act of 
                2021 shall apply with respect to voting systems used 
                for any election for Federal office held in 2022 or any 
                succeeding year.
                    ``(B) Special rule for jurisdictions using certain 
                paper record printers or certain systems using or 
                producing voter-verifiable paper records in 2020.--
                            ``(i) In general.--In the case of a 
                        jurisdiction described in clause (ii), the 
                        requirements of paragraphs (2)(A)(i) and (7) of 
                        subsection (a) (as amended or added by the 
                        Voter Confidence and Increased Accessibility 
                        Act of 2021) shall not apply before the date on 
                        which the jurisdiction replaces the printers or 
                        systems described in clause (ii)(I) for use in 
                        the administration of elections for Federal 
                        office.
                            ``(ii) Jurisdictions described.--A 
                        jurisdiction described in this clause is a 
                        jurisdiction--
                                    ``(I) which used voter-verifiable 
                                paper record printers attached to 
                                direct recording electronic voting 
                                machines, or which used other voting 
                                systems that used or produced paper 
                                records of the vote verifiable by 
                                voters but that are not in compliance 
                                with paragraphs (2)(A)(i) and (7) of 
                                subsection (a) (as amended or added by 
                                the Voter Confidence and Increased 
                                Accessibility Act of 2021), for the 
                                administration of the regularly 
                                scheduled general election for Federal 
                                office held in November 2020; and
                                    ``(II) which will continue to use 
                                such printers or systems for the 
                                administration of elections for Federal 
                                office held in years before the 
                                applicable year.
                            ``(iii) Mandatory availability of paper 
                        ballots at polling places using grandfathered 
                        printers and systems.--
                                    ``(I) Requiring ballots to be 
                                offered and provided.--The appropriate 
                                election official at each polling place 
                                that uses a printer or system described 
                                in clause (ii)(I) for the 
                                administration of elections for Federal 
                                office shall offer each individual who 
                                is eligible to cast a vote in the 
                                election at the polling place the 
                                opportunity to cast the vote using a 
                                blank printed paper ballot which the 
                                individual may mark by hand and which 
                                is not produced by the direct recording 
                                electronic voting machine or other such 
                                system. The official shall provide the 
                                individual with the ballot and the 
                                supplies necessary to mark the ballot, 
                                and shall ensure (to the greatest 
                                extent practicable) that the waiting 
                                period for the individual to cast a 
                                vote is the lesser of 30 minutes or the 
                                average waiting period for an 
                                individual who does not agree to cast 
                                the vote using such a paper ballot 
                                under this clause.
                                    ``(II) Treatment of ballot.--Any 
                                paper ballot which is cast by an 
                                individual under this clause shall be 
                                counted and otherwise treated as a 
                                regular ballot for all purposes 
                                (including by incorporating it into the 
                                final unofficial vote count (as defined 
                                by the State) for the precinct) and not 
                                as a provisional ballot, unless the 
                                individual casting the ballot would 
                                have otherwise been required to cast a 
                                provisional ballot.
                                    ``(III) Posting of notice.--The 
                                appropriate election official shall 
                                ensure there is prominently displayed 
                                at each polling place a notice that 
                                describes the obligation of the 
                                official to offer individuals the 
                                opportunity to cast votes using a 
                                printed blank paper ballot. The notice 
                                shall comply with the requirements of 
                                section 203 of the Voting Rights Act of 
                                1965 (52 U.S.C. 10503).
                                    ``(IV) Training of election 
                                officials.--The chief State election 
                                official shall ensure that election 
                                officials at polling places in the 
                                State are aware of the requirements of 
                                this clause, including the requirement 
                                to display a notice under subclause 
                                (III), and are aware that it is a 
                                violation of the requirements of this 
                                title for an election official to fail 
                                to offer an individual the opportunity 
                                to cast a vote using a blank printed 
                                paper ballot.
                                    ``(V) Period of applicability.--The 
                                requirements of this clause apply only 
                                during the period beginning on January 
                                1, 2022, and ending on the date on 
                                which the which the jurisdiction 
                                replaces the printers or systems 
                                described in clause (ii)(I) for use in 
                                the administration of elections for 
                                Federal office.
                    ``(C) Delay for certain jurisdictions using voting 
                systems with wireless communication devices or internet 
                connections.--
                            ``(i) Delay.--In the case of a jurisdiction 
                        described in clause (ii), subparagraph (A) 
                        shall apply to a voting system in the 
                        jurisdiction as if the reference in such 
                        subparagraph to `2022' were a reference to `the 
                        applicable year', but only with respect to the 
                        following requirements of this section.
                                    ``(I) Paragraph (8) of subsection 
                                (a) (relating to prohibition of 
                                wireless communication devices)
                                    ``(II) Paragraph (9) of subsection 
                                (a) (relating to prohibition of 
                                connecting systems to the internet)
                            ``(ii) Jurisdictions described.--A 
                        jurisdiction described in this clause is a 
                        jurisdiction--
                                    ``(I) which used a voting system 
                                which is not in compliance with 
                                paragraphs (8) or (9) of subsection (a) 
                                (as amended or added by the Voter 
                                Confidence and Increased Accessibility 
                                Act of 2021) for the administration of 
                                the regularly scheduled general 
                                election for Federal office held in 
                                November 2020;
                                    ``(II) which was not able, to all 
                                extent practicable, to comply with 
                                paragraph (8) and (9) of subsection (a) 
                                before January 1, 2022; and
                                    ``(III) which will continue to use 
                                such printers or systems for the 
                                administration of elections for Federal 
                                office held in years before the 
                                applicable year.
                            ``(iii) Applicable year.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), the term 
                                `applicable year' means 2026.
                                    ``(II) Extension.--If a State or 
                                jurisdiction certifies to the 
                                Commission not later than January 1, 
                                2026, that the State or jurisdiction 
                                will not meet the requirements 
                                described in subclauses (I) and (II) of 
                                clause (i) by such date because it 
                                would be impractical to do so and 
                                includes in the certification the 
                                reasons for the failure to meet the 
                                deadline, the term `applicable year' 
                                means 2030.''.

SEC. 3908. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS 
              AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS.

    (a) Availability of Grants.--
            (1) In general.--Subtitle D of title II of the Help America 
        Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by 
        section 1302(c), is amended by adding at the end the following 
        new part:

 ``PART 8--GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS 
          AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS

``SEC. 298. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS 
              AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS.

    ``(a) Availability and Use of Grant.--
            ``(1) In general.--The Commission shall make a grant to 
        each eligible State--
                    ``(A) to replace a voting system--
                            ``(i) which does not meet the requirements 
                        which are first imposed on the State pursuant 
                        to the amendments made by the Voter Confidence 
                        and Increased Accessibility Act of 2021 with a 
                        voting system which--
                                    ``(I) does meet such requirements; 
                                and
                                    ``(II) in the case of a 
                                grandfathered voting system (as defined 
                                in paragraph (2)), is in compliance 
                                with the most recent voluntary voting 
                                system guidelines; or
                            ``(ii) which does meet such requirements 
                        but which is not in compliance with the most 
                        recent voluntary voting system guidelines with 
                        another system which does meet such 
                        requirements and is in compliance with such 
                        guidelines;
                    ``(B) to carry out voting system security 
                improvements described in section 298A with respect to 
                the regularly scheduled general election for Federal 
                office held in November 2022 and each succeeding 
                election for Federal office;
                    ``(C) to implement and model best practices for 
                ballot design, ballot instructions, and the testing of 
                ballots; and
                    ``(D) to purchase or acquire accessible voting 
                systems that meet the requirements of paragraph (2) and 
                paragraph (3)(A)(i) of section 301(a) by the means 
                described in paragraph (3)(B) of such section.
            ``(2) Definition of grandfathered voting system.--In this 
        subsection, the term `grandfathered voting system' means a 
        voting system that is used by a jurisdiction described in 
        subparagraph (B)(ii) or (C)(ii) of section 301(d)(2).
    ``(b) Amount of Payment.--
            ``(1) In general.--The amount of payment made to an 
        eligible State under this section shall be the minimum payment 
        amount described in paragraph (2) plus the voting age 
        population proportion amount described in paragraph (3).
            ``(2) Minimum payment amount.--The minimum payment amount 
        described in this paragraph is--
                    ``(A) in the case of any of the several States or 
                the District of Columbia, one-half of 1 percent of the 
                aggregate amount made available for payments under this 
                section; and
                    ``(B) in the case of the Commonwealth of Puerto 
                Rico, Guam, American Samoa, the United States Virgin 
                Islands, or the Commonwealth of the Northern Mariana 
                Islands, one-tenth of 1 percent of such aggregate 
                amount.
            ``(3) Voting age population proportion amount.--The voting 
        age population proportion amount described in this paragraph is 
        the product of--
                    ``(A) the aggregate amount made available for 
                payments under this section minus the total of all of 
                the minimum payment amounts determined under paragraph 
                (2); and
                    ``(B) the voting age population proportion for the 
                State (as defined in paragraph (4)).
            ``(4) Voting age population proportion defined.--The term 
        `voting age population proportion' means, with respect to a 
        State, the amount equal to the quotient of--
                    ``(A) the voting age population of the State (as 
                reported in the most recent decennial census); and
                    ``(B) the total voting age population of all States 
                (as reported in the most recent decennial census).
            ``(5) Requirement relating to purchase of accessible voting 
        systems.--An eligible State shall use not less than 10 percent 
        of funds received by the State under this section to purchase 
        accessible voting systems described in subsection (a)(1)(D).

``SEC. 298A. VOTING SYSTEM SECURITY IMPROVEMENTS DESCRIBED.

    ``(a) Permitted Uses.--A voting system security improvement 
described in this section is any of the following:
            ``(1) The acquisition of goods and services from qualified 
        election infrastructure vendors by purchase, lease, or such 
        other arrangements as may be appropriate.
            ``(2) Cyber and risk mitigation training.
            ``(3) A security risk and vulnerability assessment of the 
        State's election infrastructure (as defined in section 3908(b) 
        of the Voter Confidence and Increased Accessibility Act of 
        2021) which is carried out by a provider of cybersecurity 
        services under a contract entered into between the chief State 
        election official and the provider.
            ``(4) The maintenance of infrastructure used for elections, 
        including addressing risks and vulnerabilities which are 
        identified under either of the security risk and vulnerability 
        assessments described in paragraph (3), except that none of the 
        funds provided under this part may be used to renovate or 
        replace a building or facility which is not a primary provider 
        of information technology services for the administration of 
        elections, and which is used primarily for purposes other than 
        the administration of elections for public office.
            ``(5) Providing increased technical support for any 
        information technology infrastructure that the chief State 
        election official deems to be part of the State's election 
        infrastructure (as so defined) or designates as critical to the 
        operation of the State's election infrastructure (as so 
        defined).
            ``(6) Enhancing the cybersecurity and operations of the 
        information technology infrastructure described in paragraph 
        (4).
            ``(7) Enhancing the cybersecurity of voter registration 
        systems.
    ``(b) Qualified Election Infrastructure Vendors Described.--For 
purposes of this part, a `qualified election infrastructure vendor' is 
any person who provides, supports, or maintains, or who seeks to 
provide, support, or maintain, election infrastructure (as defined in 
section 3908(b) of the Voter Confidence and Increased Accessibility Act 
of 2021) on behalf of a State, unit of local government, or election 
agency (as defined in section 3908(b) of such Act) who meets the 
criteria described in section 3908(b) of such Act.

``SEC. 298B. ELIGIBILITY OF STATES.

    ``A State is eligible to receive a grant under this part if the 
State submits to the Commission, at such time and in such form as the 
Commission may require, an application containing--
            ``(1) a description of how the State will use the grant to 
        carry out the activities authorized under this part;
            ``(2) a certification and assurance that, not later than 5 
        years after receiving the grant, the State will carry out 
        voting system security improvements, as described in section 
        298A; and
            ``(3) such other information and assurances as the 
        Commission may require.

``SEC. 298C. REPORTS TO CONGRESS.

    ``Not later than 90 days after the end of each fiscal year, the 
Commission shall submit a report to the Committees on Homeland 
Security, House Administration, and the Judiciary of the House of 
Representatives and the Committees on Homeland Security and 
Governmental Affairs, the Judiciary, and Rules and Administration of 
the Senate, on the activities carried out with the funds provided under 
this part.

``SEC. 298D. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization.--There are authorized to be appropriated for 
grants under this part--
            ``(1) $2,400,000,000 for fiscal year 2021; and
            ``(2) $175,000,000 for each of the fiscal years 2022, 2024, 
        2026, and 2028.
    ``(b) Continuing Availability of Amounts.--Any amounts appropriated 
pursuant to the authorization of this section shall remain available 
until expended.''.
            (2) Clerical amendment.--The table of contents of such Act, 
        as amended by section 1402(c), is amended by adding at the end 
        of the items relating to subtitle D of title II the following:

 ``Part 8--Grants for Obtaining Compliant Paper Ballot Voting Systems 
          and Carrying Out Voting System Security Improvements

        ``Sec. 298. Grants for obtaining compliant paper ballot voting 
                            systems and carrying out voting system 
                            security improvements.
        ``Sec. 298A. Voting system security improvements described.
        ``Sec. 298B. Eligibility of States.
        ``Sec. 298C. Reports to Congress.
        ``Sec. 298D. Authorization of appropriations.
    (b) Qualified Election Infrastructure Vendors.--
            (1) In general.--The Secretary, in consultation with the 
        Chair, shall establish and publish criteria for qualified 
        election infrastructure vendors for purposes of section 298A of 
        the Help America Vote Act of 2002 (as added by this Act).
            (2) Criteria.--The criteria established under paragraph (1) 
        shall include each of the following requirements:
                    (A) The vendor shall--
                            (i) be owned and controlled by a citizen or 
                        permanent resident of the United States or a 
                        member of the Five Eyes intelligence-sharing 
                        alliance; and
                            (ii) in the case of any election 
                        infrastructure which is a voting machine, 
                        ensure that such voting machine is assembled in 
                        the United States.
                    (B) The vendor shall disclose to the Secretary and 
                the Chair, and to the chief State election official of 
                any State to which the vendor provides any goods and 
                services with funds provided under part 8 of subtitle D 
                of title II of the Help America Vote Act of 2002 (as 
                added by this Act), of any sourcing outside the United 
                States for parts of the election infrastructure.
                    (C) The vendor shall disclose to the Secretary and 
                the Chair, and to the chief State election official of 
                any State to which the vendor provides any goods and 
                services with funds provided under such part 8, the 
                identification of any entity or individual with a more 
                than 5 percent ownership interest in the vendor.
                    (D) The vendor agrees to ensure that the election 
                infrastructure will be developed and maintained in a 
                manner that is consistent with the cybersecurity best 
                practices issued by the Cybersecurity and 
                Infrastructure Security Agency of the Department of 
                Homeland Security.
                    (E) The vendor agrees to maintain its information 
                technology infrastructure in a manner that is 
                consistent with the cybersecurity best practices issued 
                by the Cybersecurity and Infrastructure Security Agency 
                of the Department of Homeland Security.
                    (F) The vendor agrees to ensure that the election 
                infrastructure will be developed and maintained in a 
                manner that is consistent with the supply chain best 
                practices issued by the Cybersecurity and 
                Infrastructure Security Agency of the Department of 
                Homeland Security.
                    (G) The vendor agrees to ensure that it has 
                personnel policies and practices in place that are 
                consistent with personnel best practices, including 
                cybersecurity training and background checks, issued by 
                the Cybersecurity and Infrastructure Security Agency of 
                the Department of Homeland Security.
                    (H) The vendor agrees to ensure that the election 
                infrastructure will be developed and maintained in a 
                manner that is consistent with data integrity best 
                practices, including requirements for encrypted 
                transfers and validation, testing and checking printed 
                materials for accuracy, and disclosure of quality 
                control incidents, issued by the Cybersecurity and 
                Infrastructure Security Agency of the Department of 
                Homeland Security.
                    (I) The vendor agrees to meet the requirements of 
                paragraph (3) with respect to any known or suspected 
                cybersecurity incidents involving any of the goods and 
                services provided by the vendor pursuant to a grant 
                under part 8 of subtitle D of title II of the Help 
                America Vote Act of 2002 (as added by this Act).
                    (J) The vendor agrees to permit independent 
                security testing by the Election Assistance Commission 
                (in accordance with section 231(a) of the Help America 
                Vote Act of 2002 (52 U.S.C. 20971)) and by the 
                Secretary of the goods and services provided by the 
                vendor pursuant to a grant under part 8 of subtitle D 
                of title II of the Help America Vote Act of 2002 (as 
                added by this Act).
            (3) Cybersecurity incident reporting requirements.--
                    (A) In general.--A vendor meets the requirements of 
                this paragraph if, upon becoming aware of the 
                possibility that an election cybersecurity incident has 
                occurred involving any of the goods and services 
                provided by the vendor pursuant to a grant under part 8 
                of subtitle D of title II of the Help America Vote Act 
                of 2002 (as added by this Act)--
                            (i) the vendor promptly assesses whether or 
                        not such an incident occurred, and submits a 
                        notification meeting the requirements of 
                        subparagraph (B) to the Secretary and the Chair 
                        of the assessment as soon as practicable (but 
                        in no case later than 3 days after the vendor 
                        first becomes aware of the possibility that the 
                        incident occurred);
                            (ii) if the incident involves goods or 
                        services provided to an election agency, the 
                        vendor submits a notification meeting the 
                        requirements of subparagraph (B) to the agency 
                        as soon as practicable (but in no case later 
                        than 3 days after the vendor first becomes 
                        aware of the possibility that the incident 
                        occurred), and cooperates with the agency in 
                        providing any other necessary notifications 
                        relating to the incident; and
                            (iii) the vendor provides all necessary 
                        updates to any notification submitted under 
                        clause (i) or clause (ii).
                    (B) Contents of notifications.--Each notification 
                submitted under clause (i) or clause (ii) of 
                subparagraph (A) shall contain the following 
                information with respect to any election cybersecurity 
                incident covered by the notification:
                            (i) The date, time, and time zone when the 
                        election cybersecurity incident began, if 
                        known.
                            (ii) The date, time, and time zone when the 
                        election cybersecurity incident was detected.
                            (iii) The date, time, and duration of the 
                        election cybersecurity incident.
                            (iv) The circumstances of the election 
                        cybersecurity incident, including the specific 
                        election infrastructure systems believed to 
                        have been accessed and information acquired, if 
                        any.
                            (v) Any planned and implemented technical 
                        measures to respond to and recover from the 
                        incident.
                            (vi) In the case of any notification which 
                        is an update to a prior notification, any 
                        additional material information relating to the 
                        incident, including technical data, as it 
                        becomes available.
                    (C) Development of criteria for reporting.--Not 
                later than 1 year after the date of enactment of this 
                Act, the Director of the Cybersecurity and 
                Infrastructure Security Agency shall, in consultation 
                with the Election Infrastructure Sector Coordinating 
                Council, develop criteria for incidents which are 
                required to be reported in accordance with subparagraph 
                (A).
            (4) Definitions.--In this subsection:
                    (A) Chair.--The term ``Chair'' means the Chair of 
                the Election Assistance Commission.
                    (B) Chief state election official.--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.
                    (C) 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.
                    (D) Election infrastructure.--The term ``election 
                infrastructure'' means storage facilities, polling 
                places, and centralized vote tabulation locations used 
                to support the administration of elections for public 
                office, as well as related information and 
                communications technology, including voter registration 
                databases, voting machines, electronic mail and other 
                communications systems (including electronic mail and 
                other systems of vendors who have entered into 
                contracts with election agencies to support the 
                administration of elections, manage the election 
                process, and report and display election results), and 
                other systems used to manage the election process and 
                to report and display election results on behalf of an 
                election agency.
                    (E) Secretary.--The term ``Secretary'' means the 
                Secretary of Homeland Security.
                    (F) 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).

                    Subtitle K--Provisional Ballots

SEC. 3911. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS; ESTABLISHMENT 
              OF UNIFORM AND NONDISCRIMINATORY STANDARDS.

    (a) In General.--Section 302 of the Help America Vote Act of 2002 
(52 U.S.C. 21082), as amended by section 1601(a), is amended--
            (1) by redesignating subsection (e) as subsection (h); and
            (2) by inserting after subsection (d) the following new 
        subsections:
    ``(e) Counting of Provisional Ballots.--
            ``(1) In general.--For purposes of subsection (a)(4), if a 
        provisional ballot is cast within the same county in which the 
        voter is registered or otherwise eligible to vote, then 
        notwithstanding the precinct or polling place at which a 
        provisional ballot is cast within the county, the appropriate 
        election official of the jurisdiction in which the individual 
        is registered or otherwise eligible to vote shall count each 
        vote on such ballot for each election in which the individual 
        who cast such ballot is eligible to vote.
            ``(2) Rule of construction.--Nothing in this subsection 
        shall prohibit a State or jurisdiction from counting a 
        provisional ballot which is cast in a different county within 
        the State than the county in which the voter is registered or 
        otherwise eligible to vote.
            ``(3) Effective date.--This subsection shall apply with 
        respect to elections held on or after January 1, 2022.
    ``(f) Uniform and Nondiscriminatory Standards.--
            ``(1) In general.--Consistent with the requirements of this 
        section, each State shall establish uniform and 
        nondiscriminatory standards for the issuance, handling, and 
        counting of provisional ballots.
            ``(2) Effective date.--This subsection shall apply with 
        respect to elections held on or after January 1, 2022.
    ``(g) Additional Conditions Prohibited.--If an individual in a 
State is eligible to cast a provisional ballot as provided under this 
section, the State may not impose any additional conditions or 
requirements (including conditions or requirements regarding the 
timeframe in which a provisional ballot may be cast) on the eligibility 
of the individual to cast such provisional ballot.''.
    (b) Conforming Amendment.--Section 302(h) of such Act (52 U.S.C. 
21082(g)), as amended by section 1601(a) and redesignated by subsection 
(a), is amended by striking ``subsection (d)(4)'' and inserting 
``subsections (d)(4), (e)(3), and (f)(2)''.

                    TITLE IV--VOTING SYSTEM SECURITY

SEC. 4001. POST-ELECTION AUDIT REQUIREMENT.

    (a) In General.--Title III of the Help America Vote Act of 2002 (52 
U.S.C. 21081 et seq.), as amended by section 3601, is amended by 
inserting after section 303A the following new section:

``SEC. 303B. POST-ELECTION AUDITS.

    ``(a) Definitions.--In this section:
            ``(1) Post-election audit.--Except as provided in 
        subsection (c)(1)(B), the term `post-election audit' means, 
        with respect to any election contest, a post-election process 
        that--
                    ``(A) has a probability of at least 95 percent of 
                correcting the reported outcome if the reported outcome 
                is not the correct outcome;
                    ``(B) will not change the outcome if the reported 
                outcome is the correct outcome; and
                    ``(C) involves a manual adjudication of voter 
                intent from some or all of the ballots validly cast in 
                the election contest.
            ``(2) Reported outcome; correct outcome; outcome.--
                    ``(A) Reported outcome.--The term `reported 
                outcome' means the outcome of an election contest which 
                is determined according to the canvass and which will 
                become the official, certified outcome unless it is 
                revised by an audit, recount, or other legal process.
                    ``(B) Correct outcome.--The term `correct outcome' 
                means the outcome that would be determined by a manual 
                adjudication of voter intent for all votes validly cast 
                in the election contest.
                    ``(C) Outcome.--The term `outcome' means the winner 
                or set of winners of an election contest.
            ``(3) Manual adjudication of voter intent.--The term 
        `manual adjudication of voter intent' means direct inspection 
        and determination by humans, without assistance from electronic 
        or mechanical tabulation devices, of the ballot choices marked 
        by voters on each voter-verifiable paper record.
            ``(4) Ballot manifest.--The term `ballot manifest' means a 
        record maintained by each jurisdiction that--
                    ``(A) is created without reliance on any part of 
                the voting system used to tabulate votes;
                    ``(B) functions as a sampling frame for conducting 
                a post-election audit; and
                    ``(C) accounts for all ballots validly cast 
                regardless of how they were tabulated and includes a 
                precise description of the manner in which the ballots 
                are physically stored, including the total number of 
                physical groups of ballots, the numbering system for 
                each group, a unique label for each group, and the 
                number of ballots in each such group.
    ``(b) Requirements.--
            ``(1) In general.--
                    ``(A) Audits.--
                            ``(i) In general.--Each State and 
                        jurisdiction shall administer post-election 
                        audits of the results of all election contests 
                        for Federal office held in the State in 
                        accordance with the requirements of paragraph 
                        (2).
                            ``(ii) Exception.--Clause (i) shall not 
                        apply to any election contest for which the 
                        State or jurisdiction conducts a full recount 
                        through a manual adjudication of voter intent.
                    ``(B) Full manual tabulation.--If a post-election 
                audit conducted under subparagraph (A) corrects the 
                reported outcome of an election contest, the State or 
                jurisdiction shall use the results of the manual 
                adjudication of voter intent conducted as part of the 
                post-election audit as the official results of the 
                election contest.
            ``(2) Audit requirements.--
                    ``(A) Rules and procedures.--
                            ``(i) In general.--Not later than 6 years 
                        after the date of the enactment of this 
                        section, the chief State election official of 
                        the State shall establish rules and procedures 
                        for conducting post-election audits.
                            ``(ii) Matters included.--The rules and 
                        procedures established under clause (i) shall 
                        include the following:
                                    ``(I) Rules and procedures for 
                                ensuring the security of ballots and 
                                documenting that prescribed procedures 
                                were followed.
                                    ``(II) Rules and procedures for 
                                ensuring the accuracy of ballot 
                                manifests produced by jurisdictions.
                                    ``(III) Rules and procedures for 
                                governing the format of ballot 
                                manifests and other data involved in 
                                post-election audits.
                                    ``(IV) Methods to ensure that any 
                                cast vote records used in a post-
                                election audit are those used by the 
                                voting system to tally the results of 
                                the election contest sent to the chief 
                                State election official of the State 
                                and made public.
                                    ``(V) Rules and procedures for the 
                                random selection of ballots to be 
                                inspected manually during each audit.
                                    ``(VI) Rules and procedures for the 
                                calculations and other methods to be 
                                used in the audit and to determine 
                                whether and when the audit of each 
                                election contest is complete.
                                    ``(VII) Rules and procedures for 
                                testing any software used to conduct 
                                post-election audits.
                    ``(B) Public report.--
                            ``(i) In general.--After the completion of 
                        the post-election audit and at least 5 days 
                        before the election contest is certified by the 
                        State, the State shall make public and submit 
                        to the Commission a report on the results of 
                        the audit, together with such information as 
                        necessary to confirm that the audit was 
                        conducted properly.
                            ``(ii) Format of data.--All data published 
                        with the report under clause (i) shall be 
                        published in machine-readable, open data 
                        formats.
                            ``(iii) Protection of anonymity of votes.--
                        Information and data published by the State 
                        under this subparagraph shall not compromise 
                        the anonymity of votes.
                            ``(iv) Report made available by 
                        commission.--After receiving any report 
                        submitted under clause (i), the Commission 
                        shall make such report available on its 
                        website.
            ``(3) Effective date; waiver.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), each State and jurisdiction 
                shall be required to comply with the requirements of 
                this subsection for the first regularly scheduled 
                election for Federal office occurring in 2032 and for 
                each subsequent election for Federal office.
                    ``(B) Waiver.--Except as provided in subparagraph 
                (C), if a State certifies to the Election Assistance 
                Commission not later than the first regularly scheduled 
                election for Federal office occurring in 2032, that the 
                State will not meet the deadline described in 
                subparagraph (A) because it would be impracticable to 
                do so and includes in the certification the reasons for 
                the failure to meet such deadline, subparagraph (A) of 
                this subsection and subsection (c)(2)(A) shall apply to 
                the State as if the reference in such subsections to 
                `2032' were a reference to `2034'.
                    ``(C) Additional waiver period.--If a State 
                certifies to the Election Assistance Commission not 
                later than the first regularly scheduled election for 
                Federal office occurring in 2034, that the State will 
                not meet the deadline described in subparagraph (B) 
                because it would be impracticable to do so and includes 
                in the certification the reasons for the failure to 
                meet such deadline, subparagraph (B) of this subsection 
                and subsection (c)(2)(A) shall apply to the State as if 
                the reference in such subsections to `2034' were a 
                reference to `2036'.
    ``(c) Phased Implementation.--
            ``(1) Post-election audits.--
                    ``(A) In general.--For the regularly scheduled 
                elections for Federal office occurring in 2024 and 
                2026, each State shall administer a post-election audit 
                of the result of at least one statewide election 
                contest for Federal office held in the State, or if no 
                such statewide contest is on the ballot, one election 
                contest for Federal office chosen at random.
                    ``(B) Post-election audit defined.--In this 
                subsection, the term `post-election audit' means a 
                post-election process that involves a manual 
                adjudication of voter intent from a sample of ballots 
                validly cast in the election contest.
            ``(2) Post-election audits for select contests.--Subject to 
        subparagraphs (B) and (C) of subsection (b)(3), for the 
        regularly scheduled elections for Federal office occurring in 
        2028 and for each subsequent election for Federal office that 
        occurs prior to the first regularly scheduled election for 
        Federal office occurring in 2032, each State shall administer a 
        post-election audit of the result of at least one statewide 
        election contest for Federal office held in the State, or if no 
        such statewide contest is on the ballot, one election contest 
        for Federal office chosen at random.
            ``(3) States that administer post-election audits for all 
        contests.--A State shall be exempt from the requirements of 
        this subsection for any regularly scheduled election for 
        Federal office in which the State meets the requirements of 
        subsection (b).''.
    (b) Clerical Amendment.--The table of contents for such Act, as 
amended by section 3601, is amended by inserting after the item 
relating to section 303A the following new item:

``Sec. 303B. Post-election audits.''.
    (c) Study on Post-election Audit Best Practices.--
            (1) In general.--The Director of the National Institute of 
        Standards and Technology shall establish an advisory committee 
        to study post-election audits and establish best practices for 
        post-election audit methodologies and procedures.
            (2) Advisory committee.--The Director of the National 
        Institute of Standards and Technology shall appoint individuals 
        to the advisory committee and secure the representation of--
                    (A) State and local election officials;
                    (B) individuals with experience and expertise in 
                election security;
                    (C) individuals with experience and expertise in 
                post-election audit procedures; and
                    (D) individuals with experience and expertise in 
                statistical methods.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as are necessary to carry out the 
        purposes of this subsection.

SEC. 4002. ELECTION INFRASTRUCTURE DESIGNATION.

    Subparagraph (J) of section 2001(3) of the Homeland Security Act of 
2002 (6 U.S.C. 601(3)) is amended by inserting ``, including election 
infrastructure'' before the period at the end.

SEC. 4003. GUIDELINES AND CERTIFICATION FOR ELECTRONIC POLL BOOKS AND 
              REMOTE BALLOT MARKING SYSTEMS.

    (a) Inclusion Under Voluntary Voting System Guidelines.--Section 
222 of the Help America Vote Act of 2002 (52 U.S.C. 20962) is amended--
            (1) by redesignating subsections (a), (b), (c), (d), and 
        (e) as subsections (b), (c), (d), (e), and (f);
            (2) by inserting after the section heading the following:
    ``(a) Voluntary Voting System Guidelines.--The Commission shall 
adopt voluntary voting system guidelines that describe functionality, 
accessibility, and security principles for the design, development, and 
operation of voting systems, electronic poll books, and remote ballot 
marking systems.''; and
            (3) by adding at the end the following new subsections:
    ``(g) Initial Guidelines for Electronic Poll Books and Remote 
Ballot Marking Systems.--
            ``(1) Adoption date.--The Commission shall adopt initial 
        voluntary voting system guidelines for electronic poll books 
        and remote ballot marking systems by January 1, 2022.
            ``(2) Special rule for initial guidelines.--The Commission 
        may adopt initial voluntary voting system guidelines for 
        electronic poll books and remote ballot marking systems without 
        modifying the most recently adopted voluntary voting system 
        guidelines for voting systems.
    ``(h) Definitions.--In this section:
            ``(1) Voting system defined.--The term `voting system' has 
        the same meaning given that term in section 301.
            ``(2) Electronic poll book defined.--The term `electronic 
        poll book' means the total combination of mechanical, 
        electromechanical, or electronic equipment (including the 
        software, firmware, and documentation required to program, 
        control, and support the equipment) that is used--
                    ``(A) to retain the list of registered voters at a 
                polling location, or vote center, or other location at 
                which voters cast votes in an election for Federal 
                office; and
                    ``(B) to identify registered voters who are 
                eligible to vote in an election.
            ``(3) Remote ballot marking system defined.--The term 
        `remote ballot marking system' means an election system that--
                    ``(A) is used by a voter to mark their ballots 
                outside of a voting center or polling place; and
                    ``(B) allows a voter to receive a blank ballot to 
                mark electronically, print, and then cast by returning 
                the printed ballot to the elections office or other 
                designated location.''.
    (b) Providing for Certification of Electronic Poll Books and Remote 
Ballot Marking System.--Section 231(a) of the Help America Vote Act of 
2002 (52 U.S.C. 20971(a)) is amended, in each of paragraphs (1) and 
(2), by inserting ``, electronic poll books, and remote ballot marking 
systems'' after ``software''.

SEC. 4004. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.

    (a) Requiring States to Submit Reports.--Title III of the Help 
America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by 
inserting after section 301 the following new section:

``SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.

    ``(a) Requiring States to Submit Reports.--Not later than 120 days 
before the date of each regularly scheduled general election for 
Federal office, the chief State election official of a State shall 
submit a report to the Commission containing a detailed voting system 
usage plan for each jurisdiction in the State which will administer the 
election, including a detailed plan for the usage of electronic poll 
books and other equipment and components of such system. If a 
jurisdiction acquires and implements a new voting system within the 120 
days before the date of the election, it shall notify the chief State 
election official of the State, who shall submit to the Commission in a 
timely manner an updated report under the preceding sentence.
    ``(b) Effective Date.--Subsection (a) shall apply with respect to 
the regularly scheduled general election for Federal office held in 
November 2022 and each succeeding regularly scheduled general election 
for Federal office''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 301 the 
following new item:

``Sec. 301A. Pre-election reports on voting system usage.''.

SEC. 4005. USE OF VOTING MACHINES MANUFACTURED IN THE UNITED STATES.

    (a) Requirement.--Section 301(a) of the Help America Vote Act of 
2002 (52 U.S.C. 21081(a)), as amended by section 3904 and section 3906, 
is further amended by adding at the end the following new paragraph:
            ``(10) Voting machine requirements.--
                    ``(A) Manufacturing requirements.--By not later 
                than the date of the regularly scheduled general 
                election for Federal office occurring in November 2024, 
                each State shall seek to ensure to the extent 
                practicable that any voting machine used in such 
                election and in any subsequent election for Federal 
                office is manufactured in the United States.
                    ``(B) Assembly requirements.--By not later than the 
                date of the regularly scheduled general election for 
                Federal office occurring in November 2024, each State 
                shall seek to ensure that any voting machine purchased 
                or acquired for such election and in any subsequent 
                election for Federal office is assembled in the United 
                States.
                    ``(C) Software and code requirements.--By not later 
                than the date of the regularly scheduled general 
                election for Federal office occurring in November 2024, 
                each State shall seek to ensure that any software or 
                code developed for any voting system purchased or 
                acquired for such election and in any subsequent 
                election for Federal office is developed and stored in 
                the United States.''.
    (b) Conforming Amendment Relating to Effective Date.--Section 
301(d)(1) of such Act (52 U.S.C. 21081(d)(1)), as amended by section 
3907, is amended by striking ``paragraph (2)'' and inserting 
``subsection (a)(10) and paragraph (2)''.

SEC. 4006. SEVERABILITY.

    If any provision of this title or amendment made by this title, or 
the application of a provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remainder of this 
title and amendments made by this title, and the application of the 
provisions and amendment to any person or circumstance, shall not be 
affected by the holding.

            DIVISION C--CIVIC PARTICIPATION AND EMPOWERMENT

               TITLE V--NONPARTISAN REDISTRICTING REFORM

SEC. 5001. FINDING OF CONSTITUTIONAL AUTHORITY.

    Congress finds that it has the authority to establish the terms and 
conditions States must follow in carrying out congressional 
redistricting after an apportionment of Members of the House of 
Representatives because--
            (1) the authority granted to Congress under article I, 
        section 4 of the Constitution of the United States gives 
        Congress the power to enact laws governing the time, place, and 
        manner of elections for Members of the House of 
        Representatives;
            (2) the authority granted to Congress under section 5 of 
        the 14th amendment to the Constitution gives Congress the power 
        to enact laws to enforce section 2 of such amendment, which 
        requires Representatives to be apportioned among the several 
        States according to their number;
            (3) the authority granted to Congress under section 5 of 
        the 14th amendment to the Constitution gives Congress the power 
        to enact laws to enforce section 1 of such amendment, including 
        protections against excessive partisan gerrymandering that 
        Federal courts have not enforced because they understand such 
        enforcement to be committed to Congress by the Constitution;
            (4) of the authority granted to Congress to enforce article 
        IV, section 4, of the Constitution, and the guarantee of a 
        Republican Form of Government to every State, which Federal 
        courts have not enforced because they understand such 
        enforcement to be committed to Congress by the Constitution; 
        and
            (5) requiring States to use uniform redistricting criteria 
        is an appropriate and important exercise of such authority.

SEC. 5002. BAN ON MID-DECADE REDISTRICTING.

    A State that has been redistricted in accordance with this title 
may not be redistricted again until after the next apportionment of 
Representatives under section 22(a) of the Act entitled ``An Act to 
provide for the fifteenth and subsequent decennial censuses and to 
provide for an apportionment of Representatives in Congress'', approved 
June 18, 1929 (2 U.S.C. 2a), unless a court requires the State to 
conduct such subsequent redistricting to comply with the Constitution 
of the United States, the Voting Rights Act of 1965 (52 U.S.C. 10301 et 
seq.), the terms or conditions of this title, or applicable State law.

SEC. 5003. CRITERIA FOR REDISTRICTING.

    (a) Requiring Plans to Meet Criteria.--A State may not use a 
congressional redistricting plan which is not in compliance with this 
section.
    (b) Ranked Criteria.--Under the redistricting plan of a State, 
there shall be established single-member congressional districts using 
the following criteria as set forth in the following order of priority:
            (1) Districts shall comply with the United States 
        Constitution, including the requirement that they substantially 
        equalize total population.
            (2) Districts shall comply with the Voting Rights Act of 
        1965 (52 U.S.C. 10301 et seq.), including by creating any 
        districts where, if based upon the totality of the 
        circumstances, 2 or more politically cohesive groups protected 
        by such Act are able to elect representatives of choice in 
        coalition with one another, and all applicable Federal laws.
            (3)(A) Districts shall be drawn, to the extent that the 
        totality of the circumstances warrant, to ensure the practical 
        ability of a group protected under the Voting Rights Act of 
        1965 (52 U.S.C. 10301 et seq.) to participate in the political 
        process and to nominate candidates and to elect representatives 
        of choice is not diluted or diminished, regardless of whether 
        or not such protected group constitutes a majority of a 
        district's citizen voting age population.
            (B) For purposes of subparagraph (A), the assessment of 
        whether a protected group has the practical ability to nominate 
        candidates and to elect representatives of choice shall require 
        the consideration of the following factors:
                    (i) Whether the group is politically cohesive.
                    (ii) Whether there is racially polarized voting in 
                the relevant geographic region.
                    (iii) If there is racially polarized voting in the 
                relevant geographic region, whether the preferred 
                candidates of the group nevertheless receive a 
                sufficient amount of consistent crossover support from 
                other voters such that the group is a functional 
                majority with the ability to both nominate candidates 
                and elect representatives of choice.
            (4)(A) Districts shall be drawn to represent communities of 
        interest and neighborhoods to the extent practicable after 
        compliance with the requirements of paragraphs (1) through (3). 
        A community of interest is defined as an area for which the 
        record before the entity responsible for developing and 
        adopting the redistricting plan demonstrates the existence of 
        broadly shared interests and representational needs, including 
        shared interests and representational needs rooted in common 
        ethnic, racial, economic, Indian, social, cultural, geographic, 
        or historic identities, or arising from similar socioeconomic 
        conditions. The term communities of interest may, if the record 
        warrants, include political subdivisions such as counties, 
        municipalities, Indian lands, or school districts, but shall 
        not include common relationships with political parties or 
        political candidates.
            (B) For purposes of subparagraph (A), in considering the 
        needs of multiple, overlapping communities of interest, the 
        entity responsible for developing and adopting the 
        redistricting plan shall give greater weight to those 
        communities of interest whose representational needs would most 
        benefit from the community's inclusion in a single 
        congressional district.
    (c) No Favoring or Disfavoring of Political Parties.--
            (1) Prohibition.--A State may not use a redistricting plan 
        to conduct an election that, when considered on a statewide 
        basis, has been drawn with the intent or has the effect of 
        materially favoring or disfavoring any political party.
            (2) Determination of effect.--The determination of whether 
        a redistricting plan has the effect of materially favoring or 
        disfavoring a political party shall be based on an evaluation 
        of the totality of circumstances which, at a minimum, shall 
        involve consideration of each of the following factors:
                    (A) Computer modeling based on relevant statewide 
                general elections for Federal office held over the 8 
                years preceding the adoption of the redistricting plan 
                setting forth the probable electoral outcomes for the 
                plan under a range of reasonably foreseeable 
                conditions.
                    (B) An analysis of whether the redistricting plan 
                is statistically likely to result in partisan advantage 
                or disadvantage on a statewide basis, the degree of any 
                such advantage or disadvantage, and whether such 
                advantage or disadvantage is likely to be present under 
                a range of reasonably foreseeable electoral conditions.
                    (C) A comparison of the modeled electoral outcomes 
                for the redistricting plan to the modeled electoral 
                outcomes for alternative plans that demonstrably comply 
                with the requirements of paragraphs (1), (2), and (3) 
                of subsection (b) in order to determine whether 
                reasonable alternatives exist that would result in 
                materially lower levels of partisan advantage or 
                disadvantage on a statewide basis. For purposes of this 
                subparagraph, alternative plans considered may include 
                both actual plans proposed during the redistricting 
                process and other plans prepared for purposes of 
                comparison.
                    (D) Any other relevant information, including how 
                broad support for the redistricting plan was among 
                members of the entity responsible for developing and 
                adopting the plan and whether the processes leading to 
                the development and adoption of the plan were 
                transparent and equally open to all members of the 
                entity and to the public.
            (3) Rebuttable presumption.--
                    (A) Trigger.--In any civil action brought under 
                section 5006 in which a party asserts a claim that a 
                State has enacted a redistricting plan which is in 
                violation of this subsection, a party may file a motion 
                not later than 30 days after the enactment of the plan 
                (or, in the case of a plan enacted before the effective 
                date of this Act, not later than 30 days after the 
                effective date of this Act) requesting that the court 
                determine whether a presumption of such a violation 
                exists. If such a motion is timely filed, the court 
                shall hold a hearing not later than 15 days after the 
                date the motion is filed to assess whether a 
                presumption of such a violation exists.
                    (B) Assessment.--To conduct the assessment required 
                under subparagraph (A), the court shall do the 
                following:
                            (i) Determine the number of congressional 
                        districts under the plan that would have been 
                        carried by each political party's candidates 
                        for the office of President and the office of 
                        Senator in the 2 most recent general elections 
                        for the office of President and the 2 most 
                        recent general elections for the office of 
                        Senator (other than special general elections) 
                        immediately preceding the enactment of the 
                        plan, except that if a State conducts a primary 
                        election for the office of Senator which is 
                        open to candidates of all political parties, 
                        the primary election shall be used instead of 
                        the general election and the number of 
                        districts carried by a party's candidates for 
                        the office of Senator shall be determined on 
                        the basis of the combined vote share of all 
                        candidates in the election who are affiliated 
                        with such party.
                            (ii) Determine, for each of the 4 elections 
                        assessed under clause (i), whether the number 
                        of districts that would have been carried by 
                        any party's candidate as determined under 
                        clause (i) results in partisan advantage or 
                        disadvantage in excess of 7 percent or one 
                        congressional district, whichever is greater, 
                        as determined by standard quantitative measures 
                        of partisan fairness that relate a party's 
                        share of the statewide vote to that party's 
                        share of seats.
                    (C) Presumption of violation.--A plan is presumed 
                to violate paragraph (1) if it exceeds the threshold 
                described in clause (ii) of subparagraph (B) with 
                respect to 2 or more of the 4 elections assessed under 
                such subparagraph.
                    (D) Stay of use of plan.--Notwithstanding any other 
                provision of this title, in any action under this 
                paragraph, the following rules shall apply:
                            (i) Upon filing of a motion under 
                        subparagraph (A), a State's use of the plan 
                        which is the subject of the motion shall be 
                        automatically stayed pending resolution of such 
                        motion.
                            (ii) If after considering the motion, the 
                        court rules that the plan is presumed under 
                        subparagraph (C) to violate paragraph (1), a 
                        State may not use such plan until and unless 
                        the court which is carrying out the 
                        determination of the effect of the plan under 
                        paragraph (2) determines that, notwithstanding 
                        the presumptive violation, the plan does not 
                        violate paragraph (1).
                    (E) No effect on other assessments.--The absence of 
                a presumption of a violation with respect to a 
                redistricting plan as determined under this paragraph 
                shall not affect the determination of the effect of the 
                plan under paragraph (2).
            (4) Determination of intent.--A court may rely on all 
        available evidence when determining whether a redistricting 
        plan was drawn with the intent to materially favor or disfavor 
        a political party, including evidence of the partisan effects 
        of a plan, the degree of support the plan received from members 
        of the entity responsible for developing and adopting the plan, 
        and whether the processes leading to development and adoption 
        of the plan were transparent and equally open to all members of 
        the entity and to the public.
            (5) No violation based on certain criteria.--No 
        redistricting plan shall be found to be in violation of 
        paragraph (1) because of the proper application of the criteria 
        set forth in paragraphs (1), (2), or (3) of subsection (b), 
        unless one or more alternative plans could have complied with 
        such paragraphs without having the effect of materially 
        favoring or disfavoring a political party.
    (d) Factors Prohibited From Consideration.--In developing the 
redistricting plan for the State, the State may not take into 
consideration any of the following factors, except as necessary to 
comply with the criteria described in paragraphs (1) through (3) of 
subsection (b), to achieve partisan fairness and comply with subsection 
(b), and to enable the redistricting plan to be measured against the 
external metrics described in section 5004(c):
            (1) The residence of any Member of the House of 
        Representatives or candidate.
            (2) The political party affiliation or voting history of 
        the population of a district.
    (e) Additional Criteria.--A State may not rely upon criteria not 
set forth in this section to justify non-compliance with the 
requirements of this section.
    (f) Applicability.--
            (1) In general.--This section applies to any authority, 
        whether appointed, elected, judicial, or otherwise, responsible 
        for enacting the congressional redistricting plan of a State.
            (2) Date of enactment.--This section applies to any 
        congressional redistricting plan that would be, or is, in 
        effect after the date of enactment of this Act, regardless of 
        the date of enactment by the State of the congressional 
        redistricting plan.
    (g) Severability of Criteria.--If any of the criteria set forth in 
this section, or the application of such criteria to any person or 
circumstance, is held to be unconstitutional, the remaining criteria 
set forth in this section, and the application of such criteria to any 
person or circumstance, shall not be affected by the holding.

SEC. 5004. DEVELOPMENT OF PLAN.

    (a) Public Notice and Input.--
            (1) Use of open and transparent process.--The entity 
        responsible for developing and adopting the congressional 
        redistricting plan of a State shall solicit and take into 
        consideration comments from the public throughout the process 
        of developing the plan, and shall carry out its duties in an 
        open and transparent manner which provides for the widest 
        public dissemination reasonably possible of its proposed and 
        final redistricting plans.
            (2) Website.--
                    (A) Features.--The entity shall maintain a public 
                Internet site which is not affiliated with or 
                maintained by the office of any elected official and 
                which includes the following features:
                            (i) All proposed redistricting plans and 
                        the final redistricting plan, including the 
                        accompanying written evaluation under 
                        subsection (c).
                            (ii) All comments received from the public 
                        submitted under paragraph (1).
                            (iii) Access in an easily usable format to 
                        the demographic and other data used by the 
                        entity to develop and analyze the proposed 
                        redistricting plans, together with any reports 
                        analyzing and evaluating such plans and access 
                        to software that members of the public may use 
                        to draw maps of proposed districts.
                            (iv) A method by which members of the 
                        public may submit comments directly to the 
                        entity.
                    (B) Searchable format.--The entity shall ensure 
                that all information posted and maintained on the site 
                under this paragraph, including information and 
                proposed maps submitted by the public, shall be 
                maintained in an easily searchable format.
            (3) Multiple language requirements for all notices.--The 
        entity responsible for developing and adopting the plan shall 
        make each notice which is required to be posted and published 
        under this section available in any language in which the State 
        (or any jurisdiction in the State) is required to provide 
        election materials under section 203 of the Voting Rights Act 
        of 1965 (52 U.S.C. 10503).
    (b) Development of Plan.--
            (1) Hearings.--The entity responsible for developing and 
        adopting the congressional redistricting plan shall hold 
        hearings both before and after releasing proposed plans in 
        order to solicit public input on the content of such plans. 
        These hearings shall--
                    (A) be held in different regions of the State and 
                streamed live on the public Internet site maintained 
                under subsection (a)(2);
                    (B) be sufficient in number, scheduled at times and 
                places, and noticed and conducted in a manner to ensure 
                that all members of the public, including members of 
                racial, ethnic, and language minorities protected under 
                the Voting Rights Act of 1965, have a meaningful 
                opportunity to attend and provide input both before and 
                after the entity releases proposed plans.
            (2) Posting of maps.--The entity responsible for developing 
        and adopting the congressional redistricting plan shall make 
        proposed plans, amendments to proposed plans, and the data 
        needed to analyze such plans for compliance with the criteria 
        of this title available for public review, including on the 
        public Internet site required under subsection (a)(2), for a 
        period of not less than 5 days before any vote or hearing is 
        held on any such plan or any amendment to such a plan.
    (c) Written Evaluation of Plan Against External Metrics.--The 
entity responsible for developing and adopting the congressional 
redistricting plan for a State shall include with each redistricting 
plan voted upon by such entity, or a committee of such entity, and 
published under this section a written evaluation that measures each 
such plan against external metrics which cover the criteria set forth 
in section 5003(b), including the impact of the plan on the ability of 
members of a class of citizens protected by the Voting Rights Act of 
1965 (52 U.S.C. 10301 et seq.) to elect candidates of choice, the 
degree to which the plan preserves or divides communities of interest, 
and any analysis used by the State to assess compliance with the 
requirements of section 5003(b) and (c).
    (d) Public Input and Comments.--The entity responsible for 
developing and adopting the congressional redistricting plan for a 
State shall make all public comments received about potential plans, 
including alternative plans, available to the public on the Internet 
site required under subsection (a)(2), at no cost, not later than 24 
hours prior to holding a vote on final adoption of a plan.

SEC. 5005. FAILURE BY STATE TO ENACT PLAN.

    (a) Deadline for Enactment of Plan.--Each State shall enact a final 
congressional redistricting plan following transmission of a notice of 
apportionment to the President by the earliest of--
            (1) the deadline set forth in State law;
            (2) February 15 of the year in which regularly scheduled 
        general elections for Federal office are held in the State; or
            (3) 90 days before the date of the next regularly scheduled 
        primary election for Federal office held in the State.
    (b) Development of Plan by Court in Case of Missed Deadline.--If a 
State has not enacted a final congressional redistricting plan by the 
applicable deadline under subsection (a), or it appears likely that a 
State will fail to enact a final congressional redistricting plan by 
such deadline--
            (1) any citizen of the State may file an action in the 
        United States district court for the applicable venue asking 
        the district court to assume jurisdiction;
            (2) the United States district court for the applicable 
        venue, acting through a 3-judge court convened pursuant to 
        section 2284 of title 28, United States Code, shall have the 
        exclusive authority to develop and publish the congressional 
        redistricting plan for the State; and
            (3) the final congressional redistricting plan developed 
        and published by the court under this section shall be deemed 
        to be enacted on the date on which the court publishes the 
        final congressional redistricting plan, as described in 
        subsection (e).
    (c) Applicable Venue.--For purposes of this section, the 
``applicable venue'' with respect to a State is the District of 
Columbia or the judicial district in which the capital of the State is 
located, as selected by the first party to file with the court 
sufficient evidence that a State has failed to, or is reasonably likely 
to fail to, enact a final redistricting plan for the State prior to the 
expiration of the applicable deadline set forth in subsection (a).
    (d) Procedures for Development of Plan.--
            (1) Criteria.--In developing a redistricting plan for a 
        State under this section, the court shall adhere to the same 
        terms and conditions that applied (or that would have applied, 
        as the case may be) to the development of a plan by the State 
        under section 5003.
            (2) Access to information and records.--The court shall 
        have access to any information, data, software, or other 
        records and material that was used (or that would have been 
        used, as the case may be) by the State in carrying out its 
        duties under this title.
            (3) Hearing; public participation.--In developing a 
        redistricting plan for a State, the court shall--
                    (A) hold one or more evidentiary hearings at which 
                interested members of the public may appear and be 
                heard and present testimony, including expert 
                testimony, in accordance with the rules of the court; 
                and
                    (B) consider other submissions and comments by the 
                public, including proposals for redistricting plans to 
                cover the entire State or any portion of the State.
            (4) Use of special master.--To assist in the development 
        and publication of a redistricting plan for a State under this 
        section, the court may appoint a special master to make 
        recommendations to the court on possible plans for the State.
    (e) Publication of Plan.--
            (1) Public availability of initial plan.--Upon completing 
        the development of one or more initial redistricting plans, the 
        court shall make the plans available to the public at no cost, 
        and shall also make available the underlying data used to 
        develop the plans and a written evaluation of the plans against 
        external metrics (as described in section 5004(c)).
            (2) Publication of final plan.--At any time after the 
        expiration of the 14-day period which begins on the date the 
        court makes the plans available to the public under paragraph 
        (1), and taking into consideration any submissions and comments 
        by the public which are received during such period, the court 
        shall develop and publish the final redistricting plan for the 
        State.
    (f) Use of Interim Plan.--In the event that the court is not able 
to develop and publish a final redistricting plan for the State with 
sufficient time for an upcoming election to proceed, the court may 
develop and publish an interim redistricting plan which shall serve as 
the redistricting plan for the State until the court develops and 
publishes a final plan in accordance with this section. Nothing in this 
subsection may be construed to limit or otherwise affect the authority 
or discretion of the court to develop and publish the final 
redistricting plan, including the discretion to make any changes the 
court deems necessary to an interim redistricting plan.
    (g) Appeals.--Review on appeal of any final or interim plan adopted 
by the court in accordance with this section shall be governed by the 
appellate process in section 5006.
    (h) Stay of State Proceedings.--The filing of an action under this 
section shall act as a stay of any proceedings in State court with 
respect to the State's congressional redistricting plan unless 
otherwise ordered by the court.

SEC. 5006. CIVIL ENFORCEMENT.

    (a) Civil Enforcement.--
            (1) Actions by attorney general.--The Attorney General may 
        bring a civil action for such relief as may be appropriate to 
        carry out this title.
            (2) Availability of private right of action.--Any citizen 
        of a State who is aggrieved by the failure of the State to meet 
        the requirements of the Constitution or Federal law, including 
        this title, with respect to the State's congressional 
        redistricting, may bring a civil action in the United States 
        district court for the applicable venue for such relief as may 
        be appropriate to remedy the failure.
            (3) Delivery of complaint to house and senate.--In any 
        action brought under this section, a copy of the complaint 
        shall be delivered promptly to the Clerk of the House of 
        Representatives and the Secretary of the Senate.
            (4) Exclusive jurisdiction and applicable venue.--The 
        district courts of the United States shall have exclusive 
        jurisdiction to hear and determine claims asserting that a 
        congressional redistricting plan violates the requirements of 
        the Constitution or Federal law, including this title. The 
        applicable venue for such an action shall be the United States 
        District Court for the District of Columbia or for the judicial 
        district in which the capital of the State is located, as 
        selected by the person bringing the action, except that the 
        applicable venue for a civil action that includes a claim that 
        a redistricting plan is in violation of section 5003(c) shall 
        be the District of Columbia.
            (5) Use of 3-judge court.--If an action under this section 
        raises statewide claims under the Constitution or this title, 
        the action shall be heard by a 3-judge court convened pursuant 
        to section 2284 of title 28, United States Code.
            (6) Review of final decision.--A final decision in an 
        action brought under this section shall be reviewable on appeal 
        by the United States Court of Appeals for the District of 
        Columbia Circuit. There shall be no right of appeal in such 
        proceedings to any other court of appeals. Such appeal shall be 
        taken by the filing of a notice of appeal within 10 days of the 
        entry of the final decision. A final decision by the Court of 
        Appeals may be reviewed by the Supreme Court of the United 
        States by writ of certiorari.
    (b) Expedited Consideration.--In any action brought under this 
section, it shall be the duty of the district court, the United States 
Court of Appeals for the District of Columbia Circuit, and the Supreme 
Court of the United States (if it chooses to hear the action) to 
advance on the docket and to expedite to the greatest possible extent 
the disposition of the action and appeal.
    (c) Remedies.--
            (1) Adoption of replacement plan.--
                    (A) In general.--If the district court in an action 
                under this section finds that the congressional 
                redistricting plan of a State violates, in whole or in 
                part, the requirements of this title--
                            (i) the court shall adopt a replacement 
                        congressional redistricting plan for the State 
                        in accordance with the process set forth in 
                        section 5005; or
                            (ii) if circumstances warrant and no delay 
                        to an upcoming regularly scheduled election for 
                        the House of Representatives in the State would 
                        result, the district court, in its discretion, 
                        may allow a State to develop and propose a 
                        remedial congressional redistricting plan for 
                        review by the court to determine whether the 
                        plan is in compliance with this title, except 
                        that--
                                    (I) the State may not develop and 
                                propose a remedial plan under this 
                                clause if the court determines that the 
                                congressional redistricting plan of the 
                                State was enacted with discriminatory 
                                intent in violation of the Constitution 
                                or section 5003(b); and
                                    (II) nothing in this clause may be 
                                construed to permit a State to use such 
                                a remedial plan which has not been 
                                approved by the court.
                    (B) Prohibiting use of plans in violation of 
                requirements.--No court shall order a State to use a 
                congressional redistricting plan which violates, in 
                whole or in part, the requirements of this title, or to 
                conduct an election under terms and conditions which 
                violate, in whole or in part, the requirements of this 
                title.
                    (C) Special rule in case final adjudication not 
                expected within 3 months of election.--If final 
                adjudication of an action under this section is not 
                reasonably expected to be completed at least 3 months 
                prior to the next regularly scheduled primary election 
                for the House of Representatives in the State, the 
                district court shall, as the balance of equities 
                warrant--
                            (i) develop, adopt, and order the use of an 
                        interim congressional redistricting plan in 
                        accordance with section 5005(f) to address any 
                        claims under this title for which a party 
                        seeking relief has demonstrated a substantial 
                        likelihood of success; and
                            (ii) order adjustments to the timing of 
                        primary elections for the House of 
                        Representatives and other related deadlines, as 
                        needed, to allow sufficient opportunity for 
                        adjudication of the matter and adoption of a 
                        remedial or replacement plan for use in the 
                        next regularly scheduled general elections for 
                        the House of Representatives.
            (2) No stay pending appeal.--Notwithstanding the appeal of 
        an order finding that a congressional redistricting plan of a 
        State violates, in whole or in part, the requirements of this 
        title, no stay shall issue which shall bar the development or 
        adoption of a replacement or remedial plan under this 
        subsection, as may be directed by the district court, pending 
        such appeal. If such a replacement or remedial plan has been 
        adopted, no appellate court may stay or otherwise enjoin the 
        use of such plan during the pendency of an appeal, except upon 
        an order holding, based on the record, that adoption of such 
        plan was an abuse of discretion.
            (3) Special authority of court of appeals.--
                    (A) Ordering of new remedial plan.--If, upon 
                consideration of an appeal under this title, the Court 
                of Appeals determines that a plan does not comply with 
                the requirements of this title, it shall direct that 
                the District Court promptly develop a new remedial plan 
                with assistance of a special master for consideration 
                by the Court of Appeals.
                    (B) Failure of district court to take timely 
                action.--If, at any point during the pendency of an 
                action under this section, the District Court fails to 
                take action necessary to permit resolution of the case 
                prior to the next regularly scheduled election for the 
                House of Representatives in the State or fails to grant 
                the relief described in paragraph (1)(C), any party may 
                seek a writ of mandamus from the Court of Appeals for 
                the District of Columbia Circuit. The Court of Appeals 
                shall have jurisdiction over the motion for a writ of 
                mandamus and shall establish an expedited briefing and 
                hearing schedule for resolution of the motion. If the 
                Court of Appeals determines that a writ should be 
                granted, the Court of Appeals shall take any action 
                necessary, including developing a congressional 
                redistricting plan with assistance of a special master 
                to ensure that a remedial plan is adopted in time for 
                use in the next regularly scheduled election for the 
                House of Representatives in the State.
            (4) Effect of enactment of replacement plan.--A State's 
        enactment of a redistricting plan which replaces a plan which 
        is the subject of an action under this section shall not be 
        construed to limit or otherwise affect the authority of the 
        court to adjudicate or grant relief with respect to any claims 
        or issues not addressed by the replacement plan, including 
        claims that the plan which is the subject of the action was 
        enacted, in whole or in part, with discriminatory intent, or 
        claims to consider whether relief should be granted under 
        section 3(c) of the Voting Rights Act of 1965 (52 U.S.C. 
        10302(c)) based on the plan which is the subject of the action.
    (d) Attorney's Fees.--In a civil action under this section, the 
court may allow the prevailing party (other than the United States) 
reasonable attorney fees, including litigation expenses, and costs.
    (e) Relation to Other Laws.--
            (1) Rights and remedies additional to other rights and 
        remedies.--The rights and remedies established by this section 
        are in addition to all other rights and remedies provided by 
        law, and neither the rights and remedies established by this 
        section nor any other provision of this title shall supersede, 
        restrict, or limit the application of the Voting Rights Act of 
        1965 (52 U.S.C. 10301 et seq.).
            (2) Voting rights act of 1965.--Nothing in this title 
        authorizes or requires conduct that is prohibited by the Voting 
        Rights Act of 1965 (52 U.S.C. 10301 et seq.).
    (f) Legislative Privilege.--No person, legislature, or State may 
claim legislative privilege under either State or Federal law in a 
civil action brought under this section or in any other legal 
challenge, under either State or Federal law, to a redistricting plan 
enacted under this title.
    (g) Removal.--
            (1) In general.--At any time, a civil action brought in a 
        State court which asserts a claim for which the district courts 
        of the United States have exclusive jurisdiction under this 
        title may be removed by any party in the case, including an 
        intervenor, by filing, in the district court for an applicable 
        venue under this section, a notice of removal signed pursuant 
        to Rule 11 of the Federal Rules of Civil Procedure containing a 
        short and plain statement of the grounds for removal. Consent 
        of parties shall not be required for removal.
            (2) Claims not within the original or supplemental 
        jurisdiction.--If a civil action removed in accordance with 
        paragraph (1) contains claims not within the original or 
        supplemental jurisdiction of the district court, the district 
        court shall sever all such claims and remand them to the State 
        court from which the action was removed.

SEC. 5007. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE.

    Nothing in this title or in any amendment made by this title may be 
construed to affect the manner in which a State carries out elections 
for State or local office, including the process by which a State 
establishes the districts used in such elections.

SEC. 5008. EFFECTIVE DATE.

    (a) In General.--This title and the amendments made by this title 
shall apply on the date of enactment of this title.
    (b) Application to Apportionment Resulting From 2020 Decennial 
Census.--Notwithstanding subsection (a), this title and the amendments 
made by this title, other than section 5004, shall apply with respect 
to each congressional redistricting plan enacted pursuant to the notice 
of apportionment transmitted to the President on April 26, 2021, 
without regard to whether or not a State enacted such a plan prior to 
the date of the enactment of this Act.

                TITLE VI--CAMPAIGN FINANCE TRANSPARENCY

                        Subtitle A--DISCLOSE Act

SEC. 6001. SHORT TITLE.

    This subtitle may be cited as the ``Democracy Is Strengthened by 
Casting Light On Spending in Elections Act of 2021'' or the ``DISCLOSE 
Act of 2021''.

  PART 1--CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN NATIONALS IN 
                               ELECTIONS

SEC. 6002. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN TO CERTAIN 
              DISBURSEMENTS AND ACTIVITIES.

    Section 319(b) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30121(b)) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and by moving such 
        subparagraphs 2 ems to the right;
            (2) by striking ``As used in this section, the term'' and 
        inserting the following: ``Definitions.--For purposes of this 
        section--
            ``(1) Foreign national.--The term'';
            (3) by moving paragraphs (1) and (2) two ems to the right 
        and redesignating them as subparagraphs (A) and (B), 
        respectively; and
            (4) by adding at the end the following new paragraph:
            ``(2) Contribution and donation.--For purposes of 
        paragraphs (1) and (2) of subsection (a), the term 
        `contribution or donation' includes any disbursement to a 
        political committee which accepts donations or contributions 
        that do not comply with any of the limitations, prohibitions, 
        and reporting requirements of this Act (or any disbursement to 
        or on behalf of any account of a political committee which is 
        established for the purpose of accepting such donations or 
        contributions), or to any other person for the purpose of 
        funding an expenditure, independent expenditure, or 
        electioneering communication (as defined in section 
        304(f)(3)).''.

SEC. 6003. AUDIT AND REPORT ON ILLICIT FOREIGN MONEY IN FEDERAL 
              ELECTIONS.

    (a) In General.--Title III of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30101 et seq.) is amended by inserting after section 
319 the following new section:

``SEC. 319A. AUDIT AND REPORT ON DISBURSEMENTS BY FOREIGN NATIONALS.

    ``(a) Audit.--
            ``(1) In general.--The Commission shall conduct an audit 
        after each Federal election cycle to determine the incidence of 
        illicit foreign money in such Federal election cycle.
            ``(2) Procedures.--In carrying out paragraph (1), the 
        Commission shall conduct random audits of any disbursements 
        required to be reported under this Act, in accordance with 
        procedures established by the Commission.
    ``(b) Report.--Not later than 180 days after the end of each 
Federal election cycle, the Commission shall submit to Congress a 
report containing--
            ``(1) results of the audit required by subsection (a)(1);
            ``(2) an analysis of the extent to which illicit foreign 
        money was used to carry out disinformation and propaganda 
        campaigns focused on depressing turnout among rural communities 
        and the success or failure of these efforts, together with 
        recommendations to address these efforts in future elections;
            ``(3) an analysis of the extent to which illicit foreign 
        money was used to carry out disinformation and propaganda 
        campaigns focused on depressing turnout among African-American 
        and other minority communities and the success or failure of 
        these efforts, together with recommendations to address these 
        efforts in future elections;
            ``(4) an analysis of the extent to which illicit foreign 
        money was used to carry out disinformation and propaganda 
        campaigns focused on influencing military and veteran 
        communities and the success or failure of these efforts, 
        together with recommendations to address these efforts in 
        future elections; and
            ``(5) recommendations to address the presence of illicit 
        foreign money in elections, as appropriate.
    ``(c) Definitions.--As used in this section:
            ``(1) The term `Federal election cycle' means the period 
        which begins on the day after the date of a regularly scheduled 
        general election for Federal office and which ends on the date 
        of the first regularly scheduled general election for Federal 
        office held after such date.
            ``(2) The term `illicit foreign money' means any 
        disbursement by a foreign national (as defined in section 
        319(b)) prohibited under such section.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to the Federal election cycle that began during 
November 2020, and each succeeding Federal election cycle.

SEC. 6004. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN 
              NATIONALS IN CONNECTION WITH BALLOT INITIATIVES AND 
              REFERENDA.

    (a) In General.--Section 319(b) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30121(b)), as amended by section 6002, is 
amended by adding at the end the following new paragraph:
            ``(3) Federal, state, or local election.--The term 
        `Federal, State, or local election' includes a State or local 
        ballot initiative or referendum, but only in the case of--
                    ``(A) a covered foreign national described in 
                section 304(j)(3)(C);
                    ``(B) a foreign principal described in section 
                1(b)(2) or 1(b)(3) of the Foreign Agent Registration 
                Act of 1938, as amended (22 U.S.C. 611(b)(2) or (b)(3)) 
                or an agent of such a foreign principal under such 
                Act.''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to elections held in 2022 or any succeeding year.

SEC. 6005. DISBURSEMENTS AND ACTIVITIES SUBJECT TO FOREIGN MONEY BAN.

    (a) Disbursements Described.--Section 319(a)(1) of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)) is amended--
            (1) by striking ``or'' at the end of subparagraph (B); and
            (2) by striking subparagraph (C) and inserting the 
        following:
                    ``(C) an expenditure;
                    ``(D) an independent expenditure;
                    ``(E) a disbursement for an electioneering 
                communication (within the meaning of section 
                304(f)(3));
                    ``(F) a disbursement for a communication which is 
                placed or promoted for a fee on a website, web 
                application, or digital application that refers to a 
                clearly identified candidate for election for Federal 
                office and is disseminated within 60 days before a 
                general, special or runoff election for the office 
                sought by the candidate or 30 days before a primary or 
                preference election, or a convention or caucus of a 
                political party that has authority to nominate a 
                candidate for the office sought by the candidate;
                    ``(G) a disbursement by a covered foreign national 
                described in section 304(j)(3)(C) for a broadcast, 
                cable or satellite communication, or for a 
                communication which is placed or promoted for a fee on 
                a website, web application, or digital application, 
                that promotes, supports, attacks or opposes the 
                election of a clearly identified candidate for Federal, 
                State, or local office (regardless of whether the 
                communication contains express advocacy or the 
                functional equivalent of express advocacy);
                    ``(H) a disbursement for a broadcast, cable, or 
                satellite communication, or for any communication which 
                is placed or promoted for a fee on an online platform 
                (as defined in section 304(k)(3)), that discusses a 
                national legislative issue of public importance in a 
                year in which a regularly scheduled general election 
                for Federal office is held, but only if the 
                disbursement is made by a covered foreign national 
                described in section 304(j)(3)(C);
                    ``(I) a disbursement by a covered foreign national 
                described in section 304(j)(3)(C) to compensate any 
                person for internet activity that promotes, supports, 
                attacks or opposes the election of a clearly identified 
                candidate for Federal, State, or local office 
                (regardless of whether the activity contains express 
                advocacy or the functional equivalent of express 
                advocacy); or
                    ``(J) a disbursement by a covered foreign national 
                described in section 304(j)(3)(C) for a Federal 
                judicial nomination communication (as defined in 
                section 324(g)(2));''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to disbursements made on or after the date of the 
enactment of this Act.

SEC. 6006. PROHIBITING ESTABLISHMENT OF CORPORATION TO CONCEAL ELECTION 
              CONTRIBUTIONS AND DONATIONS BY FOREIGN NATIONALS.

    (a) Prohibition.--Chapter 29 of title 18, United States Code, as 
amended by section 2001(a) and section 3101(a), is amended by adding at 
the end the following:
``Sec. 614. Establishment of corporation to conceal election 
              contributions and donations by foreign nationals
    ``(a) Offense.--It shall be unlawful for an owner, officer, 
attorney, or incorporation agent of a corporation, company, or other 
entity to establish or use the corporation, company, or other entity 
with the intent to conceal an activity of a foreign national (as 
defined in section 319 of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30121)) prohibited under such section 319.
    ``(b) Penalty.--Any person who violates subsection (a) shall be 
imprisoned for not more than 5 years, fined under this title, or 
both.''.
    (b) Table of Sections.--The table of sections for chapter 29 of 
title 18, United States Code, as amended by section 2001(b) and section 
3101(b), is amended by inserting after the item relating to section 612 
the following:

``614. Establishment of corporation to conceal election contributions 
                            and donations by foreign nationals.''.

          PART 2--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS

SEC. 6011. REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS.

    (a) In General.--Section 324 of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30126) is amended to read as follows:

``SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSEMENTS BY COVERED 
              ORGANIZATIONS.

    ``(a) Disclosure Statement.--
            ``(1) In general.--Any covered organization that makes 
        campaign-related disbursements aggregating more than $10,000 in 
        an election reporting cycle shall, not later than 24 hours 
        after each disclosure date, file a statement with the 
        Commission made under penalty of perjury that contains the 
        information described in paragraph (2)--
                    ``(A) in the case of the first statement filed 
                under this subsection, for the period beginning on the 
                first day of the election reporting cycle (or, if 
                earlier, the period beginning one year before the first 
                such disclosure date) and ending on the first such 
                disclosure date; and
                    ``(B) in the case of any subsequent statement filed 
                under this subsection, for the period beginning on the 
                previous disclosure date and ending on such disclosure 
                date.
            ``(2) Information described.--The information described in 
        this paragraph is as follows:
                    ``(A) The name of the covered organization and the 
                principal place of business of such organization and, 
                in the case of a covered organization that is a 
                corporation (other than a business concern that is an 
                issuer of a class of securities registered under 
                section 12 of the Securities Exchange Act of 1934 (15 
                U.S.C. 78l) or that is required to file reports under 
                section 15(d) of that Act (15 U.S.C. 78o(d))) or an 
                entity described in subsection (e)(2), a list of the 
                beneficial owners (as defined in paragraph (4)(A)) of 
                the entity that--
                            ``(i) identifies each beneficial owner by 
                        name and current residential or business street 
                        address; and
                            ``(ii) if any beneficial owner exercises 
                        control over the entity through another legal 
                        entity, such as a corporation, partnership, 
                        limited liability company, or trust, identifies 
                        each such other legal entity and each such 
                        beneficial owner who will use that other entity 
                        to exercise control over the entity.
                    ``(B) The amount of each campaign-related 
                disbursement made by such organization during the 
                period covered by the statement of more than $1,000, 
                and the name and address of the person to whom the 
                disbursement was made.
                    ``(C) In the case of a campaign-related 
                disbursement that is not a covered transfer, the 
                election to which the campaign-related disbursement 
                pertains and if the disbursement is made for a public 
                communication, the name of any candidate identified in 
                such communication and whether such communication is in 
                support of or in opposition to a candidate.
                    ``(D) A certification by the chief executive 
                officer or person who is the head of the covered 
                organization that the campaign-related disbursement is 
                not made in cooperation, consultation, or concert with 
                or at the request or suggestion of a candidate, 
                authorized committee, or agent of a candidate, 
                political party, or agent of a political party.
                    ``(E)(i) If the covered organization makes 
                campaign-related disbursements using exclusively funds 
                in a segregated bank account consisting of funds that 
                were paid directly to such account by persons other 
                than the covered organization that controls the 
                account, for each such payment to the account--
                            ``(I) the name and address of each person 
                        who made such payment during the period covered 
                        by the statement;
                            ``(II) the date and amount of such payment; 
                        and
                            ``(III) the aggregate amount of all such 
                        payments made by the person during the period 
                        beginning on the first day of the election 
                        reporting cycle (or, if earlier, the period 
                        beginning one year before the disclosure date) 
                        and ending on the disclosure date,
                but only if such payment was made by a person who made 
                payments to the account in an aggregate amount of 
                $10,000 or more during the period beginning on the 
                first day of the election reporting cycle (or, if 
                earlier, the period beginning one year before the 
                disclosure date) and ending on the disclosure date.
                    ``(ii) In any calendar year after 2022, section 
                315(c)(1)(B) shall apply to the amount described in 
                clause (i) in the same manner as such section applies 
                to the limitations established under subsections 
                (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, 
                except that for purposes of applying such section to 
                the amounts described in subsection (b), the `base 
                period' shall be calendar year 2022.
                    ``(F)(i) If the covered organization makes 
                campaign-related disbursements using funds other than 
                funds in a segregated bank account described in 
                subparagraph (E), for each payment to the covered 
                organization--
                            ``(I) the name and address of each person 
                        who made such payment during the period covered 
                        by the statement;
                            ``(II) the date and amount of such payment; 
                        and
                            ``(III) the aggregate amount of all such 
                        payments made by the person during the period 
                        beginning on the first day of the election 
                        reporting cycle (or, if earlier, the period 
                        beginning one year before the disclosure date) 
                        and ending on the disclosure date,
                but only if such payment was made by a person who made 
                payments to the covered organization in an aggregate 
                amount of $10,000 or more during the period beginning 
                on the first day of the election reporting cycle (or, 
                if earlier, the period beginning one year before the 
                disclosure date) and ending on the disclosure date.
                    ``(ii) In any calendar year after 2022, section 
                315(c)(1)(B) shall apply to the amount described in 
                clause (i) in the same manner as such section applies 
                to the limitations established under subsections 
                (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, 
                except that for purposes of applying such section to 
                the amounts described in subsection (b), the `base 
                period' shall be calendar year 2022.
                    ``(G) Such other information as required in rules 
                established by the Commission to promote the purposes 
                of this section.
            ``(3) Exceptions.--
                    ``(A) Amounts received in ordinary course of 
                business.--The requirement to include in a statement 
                filed under paragraph (1) the information described in 
                paragraph (2) shall not apply to amounts received by 
                the covered organization in commercial transactions in 
                the ordinary course of any trade or business conducted 
                by the covered organization or in the form of 
                investments (other than investments by the principal 
                shareholder in a limited liability corporation) in the 
                covered organization. For purposes of this 
                subparagraph, amounts received by a covered 
                organization as remittances from an employee to the 
                employee's collective bargaining representative shall 
                be treated as amounts received in commercial 
                transactions in the ordinary course of the business 
                conducted by the covered organization.
                    ``(B) Donor restriction on use of funds.--The 
                requirement to include in a statement submitted under 
                paragraph (1) the information described in subparagraph 
                (F) of paragraph (2) shall not apply if--
                            ``(i) the person described in such 
                        subparagraph prohibited, in writing, the use of 
                        the payment made by such person for campaign-
                        related disbursements; and
                            ``(ii) the covered organization agreed to 
                        follow the prohibition and deposited the 
                        payment in an account which is segregated from 
                        any account used to make campaign-related 
                        disbursements.
                    ``(C) Threat of harassment or reprisal.--The 
                requirement to include any information relating to the 
                name or address of any person (other than a candidate) 
                in a statement submitted under paragraph (1) shall not 
                apply if the inclusion of the information would subject 
                the person to serious threats, harassment, or 
                reprisals.
            ``(4) Other definitions.--For purposes of this section:
                    ``(A) Beneficial owner defined.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the term `beneficial owner' means, 
                        with respect to any entity, a natural person 
                        who, directly or indirectly--
                                    ``(I) exercises substantial control 
                                over an entity through ownership, 
                                voting rights, agreement, or otherwise; 
                                or
                                    ``(II) has a substantial interest 
                                in or receives substantial economic 
                                benefits from the assets of an entity.
                            ``(ii) Exceptions.--The term `beneficial 
                        owner' shall not include--
                                    ``(I) a minor child;
                                    ``(II) a person acting as a 
                                nominee, intermediary, custodian, or 
                                agent on behalf of another person;
                                    ``(III) a person acting solely as 
                                an employee of an entity and whose 
                                control over or economic benefits from 
                                the entity derives solely from the 
                                employment status of the person;
                                    ``(IV) a person whose only interest 
                                in an entity is through a right of 
                                inheritance, unless the person also 
                                meets the requirements of clause (i); 
                                or
                                    ``(V) a creditor of an entity, 
                                unless the creditor also meets the 
                                requirements of clause (i).
                            ``(iii) Anti-abuse rule.--The exceptions 
                        under clause (ii) shall not apply if used for 
                        the purpose of evading, circumventing, or 
                        abusing the provisions of clause (i) or 
                        paragraph (2)(A).
                    ``(B) Disclosure date.--The term `disclosure date' 
                means--
                            ``(i) the first date during any election 
                        reporting cycle by which a person has made 
                        campaign-related disbursements aggregating more 
                        than $10,000; and
                            ``(ii) any other date during such election 
                        reporting cycle by which a person has made 
                        campaign-related disbursements aggregating more 
                        than $10,000 since the most recent disclosure 
                        date for such election reporting cycle.
                    ``(C) Election reporting cycle.--The term `election 
                reporting cycle' means the 2-year period beginning on 
                the date of the most recent general election for 
                Federal office.
                    ``(D) Payment.--The term `payment' includes any 
                contribution, donation, transfer, payment of dues, or 
                other payment.
    ``(b) Coordination With Other Provisions.--
            ``(1) Other reports filed with the commission.--Information 
        included in a statement filed under this section may be 
        excluded from statements and reports filed under section 304.
            ``(2) Treatment as separate segregated fund.--A segregated 
        bank account referred to in subsection (a)(2)(E) may be treated 
        as a separate segregated fund for purposes of section 527(f)(3) 
        of the Internal Revenue Code of 1986.
    ``(c) Filing.--Statements required to be filed under subsection (a) 
shall be subject to the requirements of section 304(d) to the same 
extent and in the same manner as if such reports had been required 
under subsection (c) or (g) of section 304.
    ``(d) Campaign-Related Disbursement Defined.--
            ``(1) In general.--In this section, the term `campaign-
        related disbursement' means a disbursement by a covered 
        organization for any of the following:
                    ``(A) An independent expenditure which expressly 
                advocates the election or defeat of a clearly 
                identified candidate for election for Federal office, 
                or is the functional equivalent of express advocacy 
                because, when taken as a whole, it can be interpreted 
                by a reasonable person only as advocating the election 
                or defeat of a candidate for election for Federal 
                office.
                    ``(B) An applicable public communication.
                    ``(C) An electioneering communication, as defined 
                in section 304(f)(3).
                    ``(D) A covered transfer.
            ``(2) Applicable public communications.--
                    ``(A) In general.--The term `applicable public 
                communication' means any public communication that 
                refers to a clearly identified candidate for election 
                for Federal office and which promotes or supports the 
                election of a candidate for that office, or attacks or 
                opposes the election of a candidate for that office, 
                without regard to whether the communication expressly 
                advocates a vote for or against a candidate for that 
                office.
                    ``(B) Exception.--Such term shall not include any 
                news story, commentary, or editorial distributed 
                through the facilities of any broadcasting station or 
                any print, online, or digital newspaper, magazine, 
                publication, or periodical, unless such facilities are 
                owned or controlled by any political party, political 
                committee, or candidate.
            ``(3) Intent not required.--A disbursement for an item 
        described in subparagraph (A), (B), (C) or (D) of paragraph (1) 
        shall be treated as a campaign-related disbursement regardless 
        of the intent of the person making the disbursement.
    ``(e) Covered Organization Defined.--In this section, the term 
`covered organization' means any of the following:
            ``(1) A corporation (other than an organization described 
        in section 501(c)(3) of the Internal Revenue Code of 1986).
            ``(2) A limited liability corporation that is not otherwise 
        treated as a corporation for purposes of this Act (other than 
        an organization described in section 501(c)(3) of the Internal 
        Revenue Code of 1986).
            ``(3) An organization described in section 501(c) of such 
        Code and exempt from taxation under section 501(a) of such Code 
        (other than an organization described in section 501(c)(3) of 
        such Code).
            ``(4) A labor organization (as defined in section 316(b)).
            ``(5) Any political organization under section 527 of the 
        Internal Revenue Code of 1986, other than a political committee 
        under this Act (except as provided in paragraph (6)).
            ``(6) A political committee with an account that accepts 
        donations or contributions that do not comply with the 
        contribution limits or source prohibitions under this Act, but 
        only with respect to such accounts.
    ``(f) Covered Transfer Defined.--
            ``(1) In general.--In this section, the term `covered 
        transfer' means any transfer or payment of funds by a covered 
        organization to another person if the covered organization--
                    ``(A) designates, requests, or suggests that the 
                amounts be used for--
                            ``(i) campaign-related disbursements (other 
                        than covered transfers); or
                            ``(ii) making a transfer to another person 
                        for the purpose of making or paying for such 
                        campaign-related disbursements;
                    ``(B) made such transfer or payment in response to 
                a solicitation or other request for a donation or 
                payment for--
                            ``(i) the making of or paying for campaign-
                        related disbursements (other than covered 
                        transfers); or
                            ``(ii) making a transfer to another person 
                        for the purpose of making or paying for such 
                        campaign-related disbursements;
                    ``(C) engaged in discussions with the recipient of 
                the transfer or payment regarding--
                            ``(i) the making of or paying for campaign-
                        related disbursements (other than covered 
                        transfers); or
                            ``(ii) donating or transferring any amount 
                        of such transfer or payment to another person 
                        for the purpose of making or paying for such 
                        campaign-related disbursements; or
                    ``(D) knew or had reason to know that the person 
                receiving the transfer or payment would make campaign-
                related disbursements in an aggregate amount of $50,000 
                or more during the 2-year period beginning on the date 
                of the transfer or payment.
            ``(2) Exclusions.--The term `covered transfer' does not 
        include any of the following:
                    ``(A) A disbursement made by a covered organization 
                in a commercial transaction in the ordinary course of 
                any trade or business conducted by the covered 
                organization or in the form of investments made by the 
                covered organization.
                    ``(B) A disbursement made by a covered organization 
                if--
                            ``(i) the covered organization prohibited, 
                        in writing, the use of such disbursement for 
                        campaign-related disbursements; and
                            ``(ii) the recipient of the disbursement 
                        agreed to follow the prohibition and deposited 
                        the disbursement in an account which is 
                        segregated from any account used to make 
                        campaign-related disbursements.
            ``(3) Special rule regarding transfers among affiliates.--
                    ``(A) Special rule.--A transfer of an amount by one 
                covered organization to another covered organization 
                which is treated as a transfer between affiliates under 
                subparagraph (C) shall be considered a covered transfer 
                by the covered organization which transfers the amount 
                only if the aggregate amount transferred during the 
                year by such covered organization to that same covered 
                organization is equal to or greater than $50,000.
                    ``(B) Determination of amount of certain payments 
                among affiliates.--In determining the amount of a 
                transfer between affiliates for purposes of 
                subparagraph (A), to the extent that the transfer 
                consists of funds attributable to dues, fees, or 
                assessments which are paid by individuals on a regular, 
                periodic basis in accordance with a per-individual 
                calculation which is made on a regular basis, the 
                transfer shall be attributed to the individuals paying 
                the dues, fees, or assessments and shall not be 
                attributed to the covered organization.
                    ``(C) Description of transfers between 
                affiliates.--A transfer of amounts from one covered 
                organization to another covered organization shall be 
                treated as a transfer between affiliates if--
                            ``(i) one of the organizations is an 
                        affiliate of the other organization; or
                            ``(ii) each of the organizations is an 
                        affiliate of the same organization,
                except that the transfer shall not be treated as a 
                transfer between affiliates if one of the organizations 
                is established for the purpose of making campaign-
                related disbursements.
                    ``(D) Determination of affiliate status.--For 
                purposes of subparagraph (C), a covered organization is 
                an affiliate of another covered organization if--
                            ``(i) the governing instrument of the 
                        organization requires it to be bound by 
                        decisions of the other organization;
                            ``(ii) the governing board of the 
                        organization includes persons who are 
                        specifically designated representatives of the 
                        other organization or are members of the 
                        governing board, officers, or paid executive 
                        staff members of the other organization, or 
                        whose service on the governing board is 
                        contingent upon the approval of the other 
                        organization; or
                            ``(iii) the organization is chartered by 
                        the other organization.
                    ``(E) Coverage of transfers to affiliated section 
                501(c)(3) organizations.--This paragraph shall apply 
                with respect to an amount transferred by a covered 
                organization to an organization described in paragraph 
                (3) of section 501(c) of the Internal Revenue Code of 
                1986 and exempt from tax under section 501(a) of such 
                Code in the same manner as this paragraph applies to an 
                amount transferred by a covered organization to another 
                covered organization.
    ``(g) No Effect on Other Reporting Requirements.--Except as 
provided in subsection (b)(1), nothing in this section shall be 
construed to waive or otherwise affect any other requirement of this 
Act which relates to the reporting of campaign-related 
disbursements.''.
    (b) Conforming Amendment.--Section 304(f)(6) of such Act (52 U.S.C. 
30104) is amended by striking ``Any requirement'' and inserting 
``Except as provided in section 324(b), any requirement''.
    (c) Regulations.--Not later than 6 months after the date of the 
enactment of this Act, the Federal Election Commission shall promulgate 
regulations relating the application of the exemption under section 
324(a)(3)(C) of the Federal Election Campaign Act of 1971 (as added by 
paragraph (1)). Such regulations--
            (1) shall require that the legal burden of establishing 
        eligibility for such exemption is upon the organization 
        required to make the report required under section 324(a)(1) of 
        such Act (as added by paragraph (1)), and
            (2) shall be consistent with the principles applied in 
        Citizens United v. Federal Election Commission, 558 U.S. 310 
        (2010).

SEC. 6012. REPORTING OF FEDERAL JUDICIAL NOMINATION DISBURSEMENTS.

    (a) Findings.--Congress makes the following findings:
            (1) A fair and impartial judiciary is critical for our 
        democracy and crucial to maintain the faith of the people of 
        the United States in the justice system. As the Supreme Court 
        held in Caperton v. Massey, ``there is a serious risk of actual 
        bias--based on objective and reasonable perceptions--when a 
        person with a personal stake in a particular case had a 
        significant and disproportionate influence in placing the judge 
        on the case.'' ( Caperton v. A. T. Massey Coal Co., 556 U.S. 
        868, 884 (2009)).
            (2) Public trust in government is at a historic low. 
        According to polling, most Americans believe that corporations 
        have too much power and influence in politics and the courts.
            (3) The prevalence and pervasiveness of dark money drives 
        public concern about corruption in politics and the courts. 
        Dark money is funding for organizations and political 
        activities that cannot be traced to actual donors. It is made 
        possible by loopholes in our tax laws and regulations, weak 
        oversight by the Internal Revenue Service, and donor-friendly 
        court decisions.
            (4) Under current law, ``social welfare'' organizations and 
        business leagues can use funds to influence elections so long 
        as political activity is not their ``primary'' activity. Super 
        PACs can accept and spend unlimited contributions from any non-
        foreign source. These groups can spend tens of millions of 
        dollars on political activities, all without disclosing a 
        single donor. Such dark money groups spent an estimated 
        $1,050,000,000 in the 2020 election cycle.
            (5) Dark money is used to shape judicial decision-making. 
        This can take many forms, akin to agency capture: influencing 
        judicial selection by controlling who gets nominated and 
        funding candidate advertisements; creating public relations 
        campaigns aimed at mobilizing the judiciary around particular 
        issues; and drafting law review articles, amicus briefs, and 
        other products which tell judges how to decide a given case and 
        provide ready-made arguments for willing judges to adopt.
            (6) Over the past decade, nonprofit organizations that do 
        not disclose their donors have spent hundreds of millions of 
        dollars to influence the nomination and confirmation process 
        for Federal judges. One organization alone has spent nearly 
        $40,000,000 on advertisements supporting or opposing Supreme 
        Court nominees since 2016.
            (7) Anonymous money spent on judicial nominations is not 
        subject to any disclosure requirements. Federal election laws 
        only regulate contributions and expenditures relating to 
        electoral politics; thus, expenditures, contributions, and 
        advocacy efforts for Federal judgeships are not covered under 
        the Federal Election Campaign Act of 1971. Without more 
        disclosure, the public has no way of knowing whether the people 
        spending money supporting or opposing judicial nominations have 
        business before the courts.
            (8) Congress and the American people have a compelling 
        interest in knowing who is funding these campaigns to select 
        and confirm judges to lifetime appointments on the Federal 
        bench.
    (b) Reporting.--Section 324 of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30126), as amended by section 6011, is amended by 
redesignating subsection (g) as subsection (h) and by inserting after 
subsection (f) the following new subsection:
    ``(g) Application to Federal Judicial Nominations.--
            ``(1) In general.--For purposes of this section--
                    ``(A) a disbursement by a covered organization for 
                a Federal judicial nomination communication shall be 
                treated as a campaign-related disbursement; and
                    ``(B) in the case of campaign-related disbursements 
                which are for Federal judicial nomination 
                communications--
                            ``(i) the dollar amounts in paragraphs (1) 
                        and (2) of subsection (a) shall be applied 
                        separately with respect to such disbursements 
                        and other campaign-related disbursements;
                            ``(ii) the election reporting cycle shall 
                        be the calendar year in which the disbursement 
                        for the Federal judicial nomination 
                        communication is made;
                            ``(iii) references to a candidate in 
                        subsections (a)(2)(C), (a)(2)(D), and (a)(3)(C) 
                        shall be treated as references to a nominee for 
                        a Federal judge or justice;
                            ``(iv) the reference to an election in 
                        subsection (a)(2)(C) shall be treated as a 
                        reference to the nomination of such nominee.
            ``(2) Federal judicial nomination communication.--
                    ``(A) In general.--The term `Federal judicial 
                nomination communication' means any communication--
                            ``(i) that is by means of any broadcast, 
                        cable, or satellite, paid internet, or paid 
                        digital communication, paid promotion, 
                        newspaper, magazine, outdoor advertising 
                        facility, mass mailing, telephone bank, 
                        telephone messaging effort of more than 500 
                        substantially similar calls or electronic 
                        messages within a 30-day period, or any other 
                        form of general public political advertising; 
                        and
                            ``(ii) which promotes, supports, attacks, 
                        or opposes the nomination or Senate 
                        confirmation of an individual as a Federal 
                        judge or justice.
                    ``(B) Exception.--Such term shall not include any 
                news story, commentary, or editorial distributed 
                through the facilities of any broadcasting station or 
                any print, online, or digital newspaper, magazine, 
                publication, or periodical, unless such facilities are 
                owned or controlled by any political party, political 
                committee, or candidate.
                    ``(C) Intent not required.--A disbursement for an 
                item described in subparagraph (A) shall be treated as 
                a disbursement for a Federal judicial nomination 
                communication regardless of the intent of the person 
                making the disbursement.''.

SEC. 6013. COORDINATION WITH FINCEN.

    (a) In General.--The Director of the Financial Crimes Enforcement 
Network of the Department of the Treasury shall provide the Federal 
Election Commission with such information as necessary to assist in 
administering and enforcing section 324 of the Federal Election 
Campaign Act of 1971, as amended by this part.
    (b) Report.--Not later than 6 months after the date of the 
enactment of this Act, the Chairman of the Federal Election Commission, 
in consultation with the Director of the Financial Crimes Enforcement 
Network of the Department of the Treasury, shall submit to Congress a 
report with recommendations for providing further legislative authority 
to assist in the administration and enforcement of such section 324.

SEC. 6014. APPLICATION OF FOREIGN MONEY BAN TO DISBURSEMENTS FOR 
              CAMPAIGN-RELATED DISBURSEMENTS CONSISTING OF COVERED 
              TRANSFERS.

    Section 319(b)(2) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30121(a)(1)(A)), as amended by section 6002, is amended--
            (1) by striking ``includes any disbursement'' and inserting 
        ``includes--
                    ``(A) any disbursement'';
            (2) by striking the period at the end and inserting ``; 
        and'', and
            (3) by adding at the end the following new subparagraph:
                    ``(B) any disbursement, other than a disbursement 
                described in section 324(a)(3)(A), to another person 
                who made a campaign-related disbursement consisting of 
                a covered transfer (as described in section 324) during 
                the 2-year period ending on the date of the 
                disbursement.''.

SEC. 6015. EFFECTIVE DATE.

    The amendments made by this part shall apply with respect to 
disbursements made on or after January 1, 2022, and shall take effect 
without regard to whether or not the Federal Election Commission has 
promulgated regulations to carry out such amendments.

                  PART 3--OTHER ADMINISTRATIVE REFORMS

SEC. 6021. PETITION FOR CERTIORARI.

    Section 307(a)(6) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30107(a)(6)) is amended by inserting ``(including a proceeding 
before the Supreme Court on certiorari)'' after ``appeal''.

SEC. 6022. JUDICIAL REVIEW OF ACTIONS RELATED TO CAMPAIGN FINANCE LAWS.

    (a) In General.--Title IV of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30141 et seq.) is amended by inserting after section 
406 the following new section:

``SEC. 407. JUDICIAL REVIEW.

    ``(a) In General.--If any action is brought for declaratory or 
injunctive relief to challenge, whether facially or as-applied, the 
constitutionality or lawfulness of any provision of this Act or of 
chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to 
with respect to any action of the Commission under chapter 95 or 96 of 
the Internal Revenue Code of 1986, the following rules shall apply:
            ``(1) The action shall be filed in the United States 
        District Court for the District of Columbia and an appeal from 
        the decision of the district court may be taken to the Court of 
        Appeals for the District of Columbia Circuit.
            ``(2) In the case of an action relating to declaratory or 
        injunctive relief to challenge the constitutionality of a 
        provision, the party filing the action shall concurrently 
        deliver a copy of the complaint to the Clerk of the House of 
        Representatives and the Secretary of the Senate.
            ``(3) It shall be the duty of the United States District 
        Court for the District of Columbia and the Court of Appeals for 
        the District of Columbia Circuit to advance on the docket and 
        to expedite to the greatest possible extent the disposition of 
        the action and appeal.
    ``(b) Clarifying Scope of Jurisdiction.--If an action at the time 
of its commencement is not subject to subsection (a), but an amendment, 
counterclaim, cross-claim, affirmative defense, or any other pleading 
or motion is filed challenging, whether facially or as-applied, the 
constitutionality or lawfulness of this Act or of chapter 95 or 96 of 
the Internal Revenue Code of 1986, or is brought to with respect to any 
action of the Commission under chapter 95 or 96 of the Internal Revenue 
Code of 1986, the district court shall transfer the action to the 
District Court for the District of Columbia, and the action shall 
thereafter be conducted pursuant to subsection (a).
    ``(c) Intervention by Members of Congress.--In any action described 
in subsection (a) relating to declaratory or injunctive relief to 
challenge the constitutionality of a provision, any Member of the House 
of Representatives (including a Delegate or Resident Commissioner to 
the Congress) or Senate shall have the right to intervene either in 
support of or opposition to the position of a party to the case 
regarding the constitutionality of the provision. To avoid duplication 
of efforts and reduce the burdens placed on the parties to the action, 
the court in any such action may make such orders as it considers 
necessary, including orders to require interveners taking similar 
positions to file joint papers or to be represented by a single 
attorney at oral argument.
    ``(d) Challenge by Members of Congress.--Any Member of Congress may 
bring an action, subject to the special rules described in subsection 
(a), for declaratory or injunctive relief to challenge, whether 
facially or as-applied, the constitutionality of any provision of this 
Act or chapter 95 or 96 of the Internal Revenue Code of 1986.''.
    (b) Conforming Amendments.--
            (1) Section 9011 of the Internal Revenue Code of 1986 is 
        amended to read as follows:

``SEC. 9011. JUDICIAL REVIEW.

    ``For provisions relating to judicial review of certifications, 
determinations, and actions by the Commission under this chapter, see 
section 407 of the Federal Election Campaign Act of 1971.''.
            (2) Section 9041 of the Internal Revenue Code of 1986 is 
        amended to read as follows:

``SEC. 9041. JUDICIAL REVIEW.

    ``For provisions relating to judicial review of actions by the 
Commission under this chapter, see section 407 of the Federal Election 
Campaign Act of 1971.''.
            (3) Section 310 of the Federal Election Campaign Act of 
        1971 (52 U.S.C. 30110) is repealed.
            (4) Section 403 of the Bipartisan Campaign Reform Act of 
        2002 (52 U.S.C. 30110 note) is repealed.
    (c) Effective Date.--The amendments made by this section shall 
apply to actions brought on or after January 1, 2021.

                         Subtitle B--Honest Ads

SEC. 6101. SHORT TITLE.

    This subtitle may be cited as the ``Honest Ads Act''.

SEC. 6102. PURPOSE.

    The purpose of this subtitle is to enhance the integrity of 
American democracy and national security by improving disclosure 
requirements for online political advertisements in order to uphold the 
Supreme Court's well-established standard that the electorate bears the 
right to be fully informed.

SEC. 6103. FINDINGS.

    Congress makes the following findings:
            (1) In 2002, the Bipartisan Campaign Reform Act of 2002 
        (Public Law 107-155) became law, establishing disclosure 
        requirements for political advertisements distributed from a 
        television or radio broadcast station or provider of cable or 
        satellite television. In 2003, the Supreme Court upheld 
        regulations on electioneering communications established under 
        the Act, noting that such requirements ``provide the electorate 
        with information and insure that the voters are fully informed 
        about the person or group who is speaking.'' The Court 
        reaffirmed this conclusion in 2010 by an 8-1 vote.
            (2) In its 2006 rulemaking, the Federal Election 
        Commission, the independent Federal agency charged with 
        protecting the integrity of the Federal campaign finance 
        process, noted that 18 percent of all Americans cited the 
        internet as their leading source of news about the 2004 
        Presidential election. By contrast, Gallup and the Knight 
        Foundation found in 2020 that the majority of Americans, 58 
        percent, got most of their news about elections online.
            (3) According to a study from Borrell Associates, in 2016, 
        $1,415,000,000 was spent on online advertising, more than 
        quadruple the amount in 2012.
            (4) Effective and complete transparency for voters must 
        include information about the true and original source of money 
        given, transferred, and spent on political advertisements made 
        online.
            (5) Campaign finance disclosure is a narrowly tailored and 
        minimally restrictive means to advance substantial government 
        interests, including fostering an informed electorate capable 
        of engaging in self-government and holding their elected 
        officials accountable, detecting and deterring quid pro quo 
        corruption, and identifying information necessary to enforce 
        other campaign finance laws, including campaign contribution 
        limits and the prohibition on foreign money in United States 
        campaigns. To further these substantial interests, campaign 
        finance disclosure must be timely and complete, and must 
        disclose the true and original source of money given, 
        transferred, and spent to influence Federal elections.
            (6) As the Supreme Court recognized in its per curiam 
        opinion in Buckley v. Valeo, 424 U.S. 1 (1976), ``disclosure 
        requirements certainly in most applications appear to be the 
        least restrictive means of curbing the evils of campaign 
        ignorance and corruption that Congress found to exist.'' 
        Buckley, 424 U.S. at 68. In Citizens United v. FEC, the Court 
        reiterated that ``disclosure is a less restrictive alternative 
        to more comprehensive regulations of speech.'' 558 U.S. 310, 
        369 (2010).
            (7) No subsequent decision has called these holdings into 
        question, including the Court's decision in Americans for 
        Prosperity Foundation v. Bonta, 141 S. Ct. 2373 (2021). That 
        case did not involve campaign finance disclosure, and the Court 
        did not overturn its longstanding recognition of the 
        substantial interests furthered by such disclosure.
            (8) Paid advertising on large online platforms is different 
        from advertising placed on other common media in terms of the 
        comparatively low cost of reaching large numbers of people, the 
        availability of sophisticated microtargeting, and the ease with 
        which online advertisers, particularly those located outside 
        the United States, can evade disclosure requirements. Requiring 
        large online platforms to maintain public files of information 
        about the online political ads they disseminate is the best and 
        least restrictive means to ensure the voting public has 
        complete information about who is trying to influence their 
        votes and to aid enforcement of other laws, including the 
        prohibition on foreign money in domestic campaigns.
            (9) The reach of a few large internet platforms--larger 
        than any broadcast, satellite, or cable provider--has greatly 
        facilitated the scope and effectiveness of disinformation 
        campaigns. For instance, the largest platform has over 
        210,000,000 American users--over 160,000,000 of them on a daily 
        basis. By contrast, the largest cable television provider has 
        22,430,000 subscribers, while the largest satellite television 
        provider has 21,000,000 subscribers. And the most-watched 
        television broadcast in United States history had 118,000,000 
        viewers.
            (10) The public nature of broadcast television, radio, and 
        satellite ensures a level of publicity for any political 
        advertisement. These communications are accessible to the 
        press, fact-checkers, and political opponents. This creates 
        strong disincentives for a candidate to disseminate materially 
        false, inflammatory, or contradictory messages to the public. 
        Social media platforms, in contrast, can target portions of the 
        electorate with direct, ephemeral advertisements often on the 
        basis of private information the platform has on individuals, 
        enabling political advertisements that are contradictory, 
        racially or socially inflammatory, or materially false.
            (11) According to comscore, 2 companies own 8 of the 10 
        most popular smart phone applications as of June 2017, 
        including the most popular social media and email services 
        which deliver information and news to users without requiring 
        proactivity by the user. Those same 2 companies accounted for 
        99 percent of revenue growth from digital advertising in 2016, 
        including 77 percent of gross spending. 79 percent of online 
        Americans--representing 68 percent of all Americans--use the 
        single largest social network, while 66 percent of these users 
        are most likely to get their news from that site.
            (12) Large social media platforms are the only entities in 
        possession of certain key data related to paid online ads, 
        including the exact audience targeted by those ads and their 
        number of impressions. Such information, which cannot be 
        reliably disclosed by the purchasers of ads, is extremely 
        useful for informing the electorate, guarding against 
        corruption, and aiding in the enforcement of existing campaign 
        finance regulations.
            (13) Paid advertisements on social media platforms have 
        served as critical tools for foreign online influence 
        campaigns--even those that rely on large amounts of unpaid 
        content--because such ads allow foreign actors to test the 
        effectiveness of different messages, expose their messages to 
        audiences who have not sought out such content, and recruit 
        audiences for future campaigns and posts.
            (14) In testimony before the Senate Select Committee on 
        Intelligence titled, ``Disinformation: A Primer in Russian 
        Active Measures and Influence Campaigns'', multiple expert 
        witnesses testified that while the disinformation tactics of 
        foreign adversaries have not necessarily changed, social media 
        services now provide ``platform[s] practically purpose-built 
        for active measures[.]'' Similarly, as Gen. Keith B. Alexander 
        (RET.), the former Director of the National Security Agency, 
        testified, during the Cold War ``if the Soviet Union sought to 
        manipulate information flow, it would have to do so principally 
        through its own propaganda outlets or through active measures 
        that would generate specific news: planting of leaflets, 
        inciting of violence, creation of other false materials and 
        narratives. But the news itself was hard to manipulate because 
        it would have required actual control of the organs of media, 
        which took long-term efforts to penetrate. Today, however, 
        because the clear majority of the information on social media 
        sites is uncurated and there is a rapid proliferation of 
        information sources and other sites that can reinforce 
        information, there is an increasing likelihood that the 
        information available to average consumers may be inaccurate 
        (whether intentionally or otherwise) and may be more easily 
        manipulable than in prior eras.''.
            (15) On November 24, 2016, The Washington Post reported 
        findings from 2 teams of independent researchers that concluded 
        Russians ``exploited American-made technology platforms to 
        attack U.S. democracy at a particularly vulnerable moment *** 
        as part of a broadly effective strategy of sowing distrust in 
        U.S. democracy and its leaders.''.
            (16) On January 6, 2017, the Office of the Director of 
        National Intelligence published a report titled ``Assessing 
        Russian Activities and Intentions in Recent U.S. Elections'', 
        noting that ``Russian President Vladimir Putin ordered an 
        influence campaign in 2016 aimed at the US presidential 
        election * * *''. Moscow's influence campaign followed a 
        Russian messaging strategy that blends covert intelligence 
        operation--such as cyber activity--with overt efforts by 
        Russian Government agencies, state-funded media, third-party 
        intermediaries, and paid social media users or ``trolls''.
            (17) On September 6, 2017, the nation's largest social 
        media platform disclosed that between June 2015 and May 2017, 
        Russian entities purchased $100,000 in political 
        advertisements, publishing roughly 3,000 ads linked to fake 
        accounts associated with the Internet Research Agency, a pro-
        Kremlin organization. According to the company, the ads 
        purchased focused ``on amplifying divisive social and political 
        messages ***''.
            (18) Findings from a 2017 study on the manipulation of 
        public opinion through social media conducted by the 
        Computational Propaganda Research Project at the Oxford 
        Internet Institute found that the Kremlin is using pro-Russian 
        bots to manipulate public discourse to a highly targeted 
        audience. With a sample of nearly 1,300,000 tweets, researchers 
        found that in the 2016 election's 3 decisive States, propaganda 
        constituted 40 percent of the sampled election-related tweets 
        that went to Pennsylvanians, 34 percent to Michigan voters, and 
        30 percent to those in Wisconsin. In other swing States, the 
        figure reached 42 percent in Missouri, 41 percent in Florida, 
        40 percent in North Carolina, 38 percent in Colorado, and 35 
        percent in Ohio.
            (19) 2018 reporting by the Washington Post estimated that 
        paid Russian ads received more than 37,000,000 impressions in 
        2016 and 2017.
            (20) A 2019 Senate Select Committee on Intelligence's 
        Report on Russian Active Measures Campaigns and Interference in 
        the 2016 U.S. Election Volume 2: Russia's Use of Social Media 
        with Additional Views, the Committee recommended ``that 
        Congress examine legislative approaches to ensuring Americans 
        know the sources of online political advertisements. The 
        Federal Election Campaign Act of 1971 requires political 
        advertisements on television, radio and satellite to disclose 
        the sponsor of the advertisement. The same requirements should 
        apply online. This will also help to ensure that the IRA or any 
        similarly situated actors cannot use paid advertisements for 
        purposes of foreign interference.''.
            (21) A 2020 study by researchers at New York University 
        found undisclosed political advertisement purchases on a large 
        social media platform by a Chinese state media company in 
        violation of that platform's supposed prohibitions on foreign 
        spending on ads of social, national, or electoral importance.
            (22) The same study also found that ``there are persistent 
        issues with advertisers failing to disclose political ads'' and 
        that in one social media platform's political ad archive, 
        68,879 pages (54.6 percent of pages with political ads included 
        in the archive) never provided a disclosure. Overall, there 
        were 357,099 ads run on that platforms without a disclosure, 
        accounting for at least $37,000,000 in spending on political 
        ads.
            (23) A 2020 report by the bipartisan and bicameral U.S. 
        Cyberspace Solarium Commission found that ``Although foreign 
        nationals are banned from contributing to U.S. political 
        campaigns, they are still allowed to purchase U.S. political 
        advertisements online, making the internet a fertile 
        environment for conducting a malign influence campaign to 
        undermine American elections.'' The Commission concluded that 
        Russian interference in the 2016 election was and still is 
        possible, ``because the FECA, which establishes rules for 
        transparency in television, radio, and print media political 
        advertising, has not been amended to extend the same political 
        advertising requirements to internet platforms,'' and that 
        ``[a]pplying these standards across all media of communication 
        would, among other things, increase transparency of funding for 
        political advertisements, which would in turn strengthen 
        regulators' ability to reduce improper foreign influence in our 
        elections.''
            (24) On March 16, 2021, the Office of the Director of 
        National Intelligence released the declassified Intelligence 
        Community assessment of foreign threats to the 2020 U.S. 
        Federal elections. The declassified report found: ``Throughout 
        the election cycle, Russia's online influence actors sought to 
        affect U.S. public perceptions of the candidates, as well as 
        advance Moscow's longstanding goals of undermining confidence 
        in US election processes and increasing sociopolitical 
        divisions among the American people.'' The report also 
        determined that Iran sought to influence the election by 
        ``creating and amplifying social media content that criticized 
        [candidates].''
            (25) According to a Wall Street Journal report in April 
        2021, voluntary ad libraries operated by major platforms rely 
        on foreign governments to self-report political ad purchases. 
        These ad-buys, including those diminishing major human rights 
        violations like the Uighur genocide, are under-reported by 
        foreign government purchasers, with no substantial oversight or 
        repercussions from the platforms.
            (26) Multiple reports have indicated that online ads have 
        become a key vector for strategic influence by the People's 
        Republic of China. An April 2021 Wall Street Journal report 
        noted that the Chinese government and Chinese state-owned 
        enterprises are major purchasers of ads on the U.S.'s largest 
        social media platform, including to advance Chinese propaganda.
            (27) Large online platforms have made changes to their 
        policies intended to make it harder for foreign actors to 
        purchase political ads. However, these private actions have not 
        been taken by all platforms, have not been reliably enforced, 
        and are subject to immediate change at the discretion of the 
        platforms.
            (28) The Federal Election Commission has failed to take 
        action to address online political advertisements and current 
        regulations on political advertisements do not provide 
        sufficient transparency to uphold the public's right to be 
        fully informed about political advertisements made online.

SEC. 6104. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the dramatic increase in digital political 
        advertisements, and the growing centrality of online platforms 
        in the lives of Americans, requires the Congress and the 
        Federal Election Commission to take meaningful action to ensure 
        that laws and regulations provide the accountability and 
        transparency that is fundamental to our democracy;
            (2) free and fair elections require both transparency and 
        accountability which give the public a right to know the true 
        sources of funding for political advertisements, be they 
        foreign or domestic, in order to make informed political 
        choices and hold elected officials accountable; and
            (3) transparency of funding for political advertisements is 
        essential to enforce other campaign finance laws, including the 
        prohibition on campaign spending by foreign nationals.

SEC. 6105. EXPANSION OF DEFINITION OF PUBLIC COMMUNICATION.

    (a) In General.--Paragraph (22) of section 301 of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30101(22)) is amended by 
striking ``or satellite communication'' and inserting ``satellite, paid 
internet, or paid digital communication''.
    (b) Treatment of Contributions and Expenditures.--Section 301 of 
such Act (52 U.S.C. 30101) is amended--
            (1) in paragraph (8)(B)(v), by striking ``on broadcasting 
        stations, or in newspapers, magazines, or similar types of 
        general public political advertising'' and inserting ``in any 
        public communication''; and
            (2) in paragraph (9)(B)--
                    (A) by amending clause (i) to read as follows:
                            ``(i) any news story, commentary, or 
                        editorial distributed through the facilities of 
                        any broadcasting station or any print, online, 
                        or digital newspaper, magazine, blog, 
                        publication, or periodical, unless such 
                        broadcasting, print, online, or digital 
                        facilities are owned or controlled by any 
                        political party, political committee, or 
                        candidate;''; and
                    (B) in clause (iv), by striking ``on broadcasting 
                stations, or in newspapers, magazines, or similar types 
                of general public political advertising'' and inserting 
                ``in any public communication''.
    (c) Disclosure and Disclaimer Statements.--Subsection (a) of 
section 318 of such Act (52 U.S.C. 30120) is amended--
            (1) by striking ``financing any communication through any 
        broadcasting station, newspaper, magazine, outdoor advertising 
        facility, mailing, or any other type of general public 
        political advertising'' and inserting ``financing any public 
        communication''; and
            (2) by striking ``solicits any contribution through any 
        broadcasting station, newspaper, magazine, outdoor advertising 
        facility, mailing, or any other type of general public 
        political advertising'' and inserting ``solicits any 
        contribution through any public communication''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall take effect 
without regard to whether or not the Federal Election Commission has 
promulgated the final regulations necessary to carry out this part and 
the amendments made by this part by the deadline set forth in 
subsection (e).
    (e) Regulation.--Not later than 1 year after the date of the 
enactment of this Act, the Federal Election Commission shall promulgate 
regulations on what constitutes a paid internet or paid digital 
communication for purposes of paragraph (22) of section 301 of the 
Federal Election Campaign Act of 1971(52 U.S.C. 30101(22)), as amended 
by subsection (a), except that such regulation shall not define a paid 
internet or paid digital communication to include communications for 
which the only payment consists of internal resources, such as employee 
compensation, of the entity paying for the communication.

SEC. 6106. EXPANSION OF DEFINITION OF ELECTIONEERING COMMUNICATION.

    (a) Expansion to Online Communications.--
            (1) Application to qualified internet and digital 
        communications.--
                    (A) In general.--Subparagraph (A) of section 
                304(f)(3) of the Federal Election Campaign Act of 1971 
                (52 U.S.C. 30104(f)(3)(A)) is amended by striking ``or 
                satellite communication'' each place it appears in 
                clauses (i) and (ii) and inserting ``satellite, or 
                qualified internet or digital communication''.
                    (B) Qualified internet or digital communication.--
                Paragraph (3) of section 304(f) of such Act (52 U.S.C. 
                30104(f)) is amended by adding at the end the following 
                new subparagraph:
                    ``(D) Qualified internet or digital 
                communication.--The term `qualified internet or digital 
                communication' means any communication which is placed 
                or promoted for a fee on an online platform (as defined 
                in subsection (k)(3)).''.
            (2) Nonapplication of relevant electorate to online 
        communications.--Section 304(f)(3)(A)(i)(III) of such Act (52 
        U.S.C. 30104(f)(3)(A)(i)(III)) is amended by inserting ``any 
        broadcast, cable, or satellite'' before ``communication''.
            (3) News exemption.--Section 304(f)(3)(B)(i) of such Act 
        (52 U.S.C. 30104(f)(3)(B)(i)) is amended to read as follows:
                            ``(i) a communication appearing in a news 
                        story, commentary, or editorial distributed 
                        through the facilities of any broadcasting 
                        station or any online or digital newspaper, 
                        magazine, blog, publication, or periodical, 
                        unless such broadcasting, online, or digital 
                        facilities are owned or controlled by any 
                        political party, political committee, or 
                        candidate;''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to communications made on or after January 1, 2022 
and shall take effect without regard to whether or not the Federal 
Election Commission has promulgated regulations to carry out such 
amendments.

SEC. 6107. APPLICATION OF DISCLAIMER STATEMENTS TO ONLINE 
              COMMUNICATIONS.

    (a) Clear and Conspicuous Manner Requirement.--Subsection (a) of 
section 318 of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30120(a)) is amended--
            (1) by striking ``shall clearly state'' each place it 
        appears in paragraphs (1), (2), and (3) and inserting ``shall 
        state in a clear and conspicuous manner''; and
            (2) by adding at the end the following flush sentence: 
        ``For purposes of this section, a communication does not make a 
        statement in a clear and conspicuous manner if it is difficult 
        to read or hear or if the placement is easily overlooked.''.
    (b) Special Rules for Qualified Internet or Digital 
Communications.--
            (1) In general.--Section 318 of such Act (52 U.S.C. 30120) 
        is amended by adding at the end the following new subsection:
    ``(e) Special Rules for Qualified Internet or Digital 
Communications.--
            ``(1) Special rules with respect to statements.--In the 
        case of any qualified internet or digital communication (as 
        defined in section 304(f)(3)(D)) which is disseminated through 
        a medium in which the provision of all of the information 
        specified in this section is not possible, the communication 
        shall, in a clear and conspicuous manner--
                    ``(A) state the name of the person who paid for the 
                communication; and
                    ``(B) provide a means for the recipient of the 
                communication to obtain the remainder of the 
                information required under this section with minimal 
                effort and without receiving or viewing any additional 
                material other than such required information.
            ``(2) Safe harbor for determining clear and conspicuous 
        manner.--A statement in qualified internet or digital 
        communication (as defined in section 304(f)(3)(D)) shall be 
        considered to be made in a clear and conspicuous manner as 
        provided in subsection (a) if the communication meets the 
        following requirements:
                    ``(A) Text or graphic communications.--In the case 
                of a text or graphic communication, the statement--
                            ``(i) appears in letters at least as large 
                        as the majority of the text in the 
                        communication; and
                            ``(ii) meets the requirements of paragraphs 
                        (2) and (3) of subsection (c).
                    ``(B) Audio communications.--In the case of an 
                audio communication, the statement is spoken in a 
                clearly audible and intelligible manner at the 
                beginning or end of the communication and lasts at 
                least 3 seconds.
                    ``(C) Video communications.--In the case of a video 
                communication which also includes audio, the 
                statement--
                            ``(i) is included at either the beginning 
                        or the end of the communication; and
                            ``(ii) is made both in--
                                    ``(I) a written format that meets 
                                the requirements of subparagraph (A) 
                                and appears for at least 4 seconds; and
                                    ``(II) an audible format that meets 
                                the requirements of subparagraph (B).
                    ``(D) Other communications.--In the case of any 
                other type of communication, the statement is at least 
                as clear and conspicuous as the statement specified in 
                subparagraph (A), (B), or (C).''.
            (2) Nonapplication of certain exceptions.--The exceptions 
        provided in section 110.11(f)(1)(i) and (ii) of title 11, Code 
        of Federal Regulations, or any successor to such rules, shall 
        have no application to qualified internet or digital 
        communications (as defined in section 304(f)(3)(D) of the 
        Federal Election Campaign Act of 1971).
    (c) Modification of Additional Requirements for Certain 
Communications.--Section 318(d) of such Act (52 U.S.C. 30120(d)) is 
amended--
            (1) in paragraph (1)(A)--
                    (A) by striking ``which is transmitted through 
                radio'' and inserting ``which is in an audio format''; 
                and
                    (B) by striking ``By radio'' in the heading and 
                inserting ``Audio format'';
            (2) in paragraph (1)(B)--
                    (A) by striking ``which is transmitted through 
                television'' and inserting ``which is in video 
                format''; and
                    (B) by striking ``By television'' in the heading 
                and inserting ``Video format''; and
            (3) in paragraph (2)--
                    (A) by striking ``transmitted through radio or 
                television'' and inserting ``made in audio or video 
                format''; and
                    (B) by striking ``through television'' in the 
                second sentence and inserting ``in video format''.
    (d) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall take 
effect without regard to whether or not the Federal Election Commission 
has promulgated regulations to carry out such amendments.

SEC. 6108. POLITICAL RECORD REQUIREMENTS FOR ONLINE PLATFORMS.

    (a) In General.--Section 304 of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30104), as amended by section 3802, is amended by 
adding at the end the following new subsection:
    ``(k) Disclosure of Certain Online Advertisements.--
            ``(1) In general.--
                    ``(A) Requirements for online platforms.--
                            ``(i) In general.--An online platform shall 
                        maintain, and make available for online public 
                        inspection in machine readable format, a 
                        complete record of any request to purchase on 
                        such online platform a qualified political 
                        advertisement which is made by a person whose 
                        aggregate requests to purchase qualified 
                        political advertisements on such online 
                        platform during the calendar year exceeds $500.
                            ``(ii) Requirement relating to political 
                        ads sold by third party advertising vendors.--
                        An online platform that displays a qualified 
                        political advertisement sold by a third party 
                        advertising vendor as defined in (3)(C), shall 
                        include on its own platform an easily 
                        accessible and identifiable link to the records 
                        maintained by the third-party advertising 
                        vendor under clause (i) regarding such 
                        qualified political advertisement.
                    ``(B) Requirements for advertisers.--Any person who 
                requests to purchase a qualified political 
                advertisement on an online platform shall provide the 
                online platform with such information as is necessary 
                for the online platform to comply with the requirements 
                of subparagraph (A).
            ``(2) Contents of record.--A record maintained under 
        paragraph (1)(A) shall contain--
                    ``(A) a digital copy of the qualified political 
                advertisement;
                    ``(B) a description of the audience targeted by the 
                advertisement, the number of views generated from the 
                advertisement, and the date and time that the 
                advertisement is first displayed and last displayed; 
                and
                    ``(C) information regarding--
                            ``(i) the total cost of the advertisement;
                            ``(ii) the name of the candidate to which 
                        the advertisement refers and the office to 
                        which the candidate is seeking election, the 
                        election to which the advertisement refers, or 
                        the national legislative issue to which the 
                        advertisement refers (as applicable);
                            ``(iii) in the case of a request made by, 
                        or on behalf of, a candidate, the name of the 
                        candidate, the authorized committee of the 
                        candidate, and the treasurer of such committee; 
                        and
                            ``(iv) in the case of any request not 
                        described in clause (iii), the name of the 
                        person purchasing the advertisement, the name 
                        and address of a contact person for such 
                        person, and a list of the chief executive 
                        officers or members of the executive committee 
                        or of the board of directors of such person.
            ``(3) Online platform.--
                    ``(A) In general.--For purposes of this subsection, 
                subject to subparagraph (B), the term `online platform' 
                means any public-facing website, web application, or 
                digital application (including a social network, ad 
                network, or search engine) which--
                            ``(i)(I) sells qualified political 
                        advertisements; and
                            ``(II) has 50,000,000 or more unique 
                        monthly United States visitors or users for a 
                        majority of months during the preceding 12 
                        months; or
                            ``(ii) is a third-party advertising vendor 
                        that has 50,000,000 or more unique monthly 
                        United States visitors in the aggregate on any 
                        advertisement space that it has sold or bought 
                        for a majority of months during the preceding 
                        12 months, as measured by an independent 
                        digital ratings service accredited by the Media 
                        Ratings Council (or its successor).
                    ``(B) Exemption.--Such term shall not include any 
                online platform that is a distribution facility of any 
                broadcasting station or newspaper, magazine, blog, 
                publication, or periodical.
                    ``(C) Third-party advertising vendor defined.--For 
                purposes of this subsection, the term `third-party 
                advertising vendor' includes, but is not limited to, 
                any third-party advertising vendor network, advertising 
                agency, advertiser, or third-party advertisement 
                serving company that buys and sells advertisement space 
                on behalf of unaffiliated third-party websites, search 
                engines, digital applications, or social media sites.
            ``(4) Qualified political advertisement.--For purposes of 
        this subsection, the term `qualified political advertisement' 
        means any advertisement (including search engine marketing, 
        display advertisements, video advertisements, native 
        advertisements, and sponsorships) that--
                    ``(A) is made by or on behalf of a candidate; or
                    ``(B) communicates a message relating to any 
                political matter of national importance, including--
                            ``(i) a candidate;
                            ``(ii) any election to Federal office; or
                            ``(iii) a national legislative issue of 
                        public importance.
            ``(5) Time to maintain file.--The information required 
        under this subsection shall be made available as soon as 
        possible and shall be retained by the online platform for a 
        period of not less than 4 years.
            ``(6) Special rule.--For purposes of this subsection, 
        multiple versions of an advertisement that contain no material 
        differences (such as versions that differ only because they 
        contain a recipient's name, or differ only in size, color, 
        font, or layout) may be treated as a single qualified political 
        advertisement.
            ``(7) Penalties.--For penalties for failure by online 
        platforms, and persons requesting to purchase a qualified 
        political advertisement on online platforms, to comply with the 
        requirements of this subsection, see section 309.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall take effect 
without regard to whether or not the Federal Election Commission has 
promulgated the final regulations necessary to carry out this part and 
the amendments made by this part by the deadline set forth in 
subsection (c).
    (c) Rulemaking.--Not later than 120 days after the date of the 
enactment of this Act, the Federal Election Commission shall establish 
rules--
            (1) requiring common data formats for the record required 
        to be maintained under section 304(k) of the Federal Election 
        Campaign Act of 1971 (as added by subsection (a)) so that all 
        online platforms submit and maintain data online in a common, 
        machine-readable and publicly accessible format; and
            (2) establishing search interface requirements relating to 
        such record, including searches by candidate name, issue, 
        purchaser, and date.
    (d) Reporting.--Not later than 2 years after the date of the 
enactment of this Act, and biannually thereafter, the Chairman of the 
Federal Election Commission shall submit a report to Congress on--
            (1) matters relating to compliance with and the enforcement 
        of the requirements of section 304(k) of the Federal Election 
        Campaign Act of 1971, as added by subsection (a);
            (2) recommendations for any modifications to such section 
        to assist in carrying out its purposes; and
            (3) identifying ways to bring transparency and 
        accountability to political advertisements distributed online 
        for free.

SEC. 6109. PREVENTING CONTRIBUTIONS, EXPENDITURES, INDEPENDENT 
              EXPENDITURES, AND DISBURSEMENTS FOR ELECTIONEERING 
              COMMUNICATIONS BY FOREIGN NATIONALS IN THE FORM OF ONLINE 
              ADVERTISING.

    Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30121) is amended by adding at the end the following new subsection:
    ``(c) Responsibilities of Broadcast Stations, Providers of Cable 
and Satellite Television, and Online Platforms.--
            ``(1) In general.--Each television or radio broadcast 
        station, provider of cable or satellite television, or online 
        platform (as defined in section 304(k)(3)) shall make 
        reasonable efforts to ensure that communications described in 
        section 318(a) and made available by such station, provider, or 
        platform are not purchased by a foreign national, directly or 
        indirectly.
            ``(2) Regulations.-- Not later than 1 year after the date 
        of the enactment of this subsection, the Commission shall 
        promulgate regulations on what constitutes reasonable efforts 
        under paragraph (1).''.

SEC. 6110. REQUIRING ONLINE PLATFORMS TO DISPLAY NOTICES IDENTIFYING 
              SPONSORS OF POLITICAL ADVERTISEMENTS AND TO ENSURE 
              NOTICES CONTINUE TO BE PRESENT WHEN ADVERTISEMENTS ARE 
              SHARED.

    (a) In General.--Section 304 of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30104), as amended by section 3802 and section 
6108(a), is amended by adding at the end the following new subsection:
    ``(l) Ensuring Display and Sharing of Sponsor Identification in 
Online Political Advertisements.--
            ``(1) Requirement.--An online platform displaying a 
        qualified political advertisement shall--
                    ``(A) display with the advertisement a visible 
                notice identifying the sponsor of the advertisement 
                (or, if it is not practical for the platform to display 
                such a notice, a notice that the advertisement is 
                sponsored by a person other than the platform); and
                    ``(B) ensure that the notice will continue to be 
                displayed if a viewer of the advertisement shares the 
                advertisement with others on that platform.
            ``(2) Definitions.--In this subsection--
                    ``(A) the term `online platform' has the meaning 
                given such term in subsection (k)(3); and
                    ``(B) the term ``qualified political advertisement' 
                has the meaning given such term in subsection 
                (k)(4).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to advertisements displayed on or after the 120-day 
period which begins on the date of the enactment of this Act and shall 
take effect without regard to whether or not the Federal Election 
Commission has promulgated regulations to carry out such amendments.

                       Subtitle C--Spotlight Act

SEC. 6201. SHORT TITLE.

    This subtitle may be cited as the ``Spotlight Act''.

SEC. 6202. INCLUSION OF CONTRIBUTOR INFORMATION ON ANNUAL RETURNS OF 
              CERTAIN ORGANIZATIONS.

    (a) Repeal of Regulations.--The final regulations of the Department 
of the Treasury relating to guidance under section 6033 regarding the 
reporting requirements of exempt organizations (published at 85 Fed. 
Reg. 31959 (May 28, 2020)) shall have no force and effect.
    (b) Inclusion of Contributor Information.--
            (1) Social welfare organizations.--Section 6033(f)(1) of 
        the Internal Revenue Code of 1986 is amended by inserting 
        ``(5),'' after ``paragraphs''.
            (2) Labor organizations and business leagues.--Section 6033 
        of such Code is amended by redesignating subsection (o) as 
        subsection (p) and by inserting after subsection (n) the 
        following new subsection:
    ``(o) Additional Requirements for Organizations Described in 
Subsections (c)(5) and (c)(6) of Section 501.--Every organization which 
is described in paragraph (5) or (6) of section 501(c) and which is 
subject to the requirements of subsection (a) shall include on the 
return required under subsection (a) the information referred to in 
subsection (b)(5).''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to returns required to be filed for taxable years 
        ending after the date of the enactment of this Act.
    (c) Modification to Discretionary Exceptions.--Section 
6033(a)(3)(B) of the Internal Revenue Code of 1986 is amended to read 
as follows:
                    ``(B) Discretionary exceptions.--
                            ``(i) In general.--Paragraph (1) shall not 
                        apply to any organization if the Secretary made 
                        a determination under this subparagraph before 
                        July 16, 2018, that such filing is not 
                        necessary to the efficient administration of 
                        the internal revenue laws.
                            ``(ii) Recommendations for other 
                        exceptions.--The Secretary may recommend to 
                        Congress that Congress relieve any organization 
                        required under paragraph (1) to file an 
                        information return from filing such a return if 
                        the Secretary determines that such filing does 
                        not advance a national security, law 
                        enforcement, or tax administration purpose.''.

                 TITLE VII--CAMPAIGN FINANCE OVERSIGHT

         Subtitle A--Stopping Super PAC-Candidate Coordination

SEC. 7001. SHORT TITLE.

    This subtitle may be cited as the ``Stop Super PAC-Candidate 
Coordination Act''.

SEC. 7002. CLARIFICATION OF TREATMENT OF COORDINATED EXPENDITURES AS 
              CONTRIBUTIONS TO CANDIDATES.

    (a) Treatment as Contribution to Candidate.--Section 301(8)(A) of 
the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(A)) is 
amended--
            (1) by striking ``or'' at the end of clause (i);
            (2) by striking the period at the end of clause (ii) and 
        inserting ``; or''; and
            (3) by adding at the end the following new clause:
                    ``(iii) any payment made by any person (other than 
                a candidate, an authorized committee of a candidate, or 
                a political committee of a political party) for a 
                coordinated expenditure (as such term is defined in 
                section 326) which is not otherwise treated as a 
                contribution under clause (i) or clause (ii).''.
    (b) Definitions.--Title III of such Act (52 U.S.C. 30101 et seq.) 
is amended by adding at the end the following new section:

``SEC. 325. PAYMENTS FOR COORDINATED EXPENDITURES.

    ``(a) Coordinated Expenditures.--
            ``(1) In general.--For purposes of section 301(8)(A)(iii), 
        the term `coordinated expenditure' means--
                    ``(A) any expenditure, or any payment for a covered 
                communication described in subsection (d), which is 
                made in cooperation, consultation, or concert with, or 
                at the request or suggestion of, a candidate, an 
                authorized committee of a candidate, a political 
                committee of a political party, or agents of the 
                candidate or committee, as defined in subsection (b); 
                or
                    ``(B) any payment for any communication which 
                republishes, disseminates, or distributes, in whole or 
                in part, any video or broadcast or any written, 
                graphic, or other form of campaign material prepared by 
                the candidate or committee or by agents of the 
                candidate or committee (including any excerpt or use of 
                any video from any such broadcast or written, graphic, 
                or other form of campaign material).
            ``(2) Exception for payments for certain communications.--A 
        payment for a communication (including a covered communication 
        described in subsection (d)) shall not be treated as a 
        coordinated expenditure under this subsection if--
                    ``(A) the communication appears in a news story, 
                commentary, or editorial distributed through the 
                facilities of any broadcasting station, newspaper, 
                magazine, or other periodical publication, unless such 
                facilities are owned or controlled by any political 
                party, political committee, or candidate; or
                    ``(B) the communication constitutes a candidate 
                debate or forum conducted pursuant to regulations 
                adopted by the Commission pursuant to section 
                304(f)(3)(B)(iii), or which solely promotes such a 
                debate or forum and is made by or on behalf of the 
                person sponsoring the debate or forum.
    ``(b) Coordination Described.--
            ``(1) In general.--For purposes of this section, a payment 
        is made `in cooperation, consultation, or concert with, or at 
        the request or suggestion of,' a candidate, an authorized 
        committee of a candidate, a political committee of a political 
        party, or agents of the candidate or committee, if the payment, 
        or any communication for which the payment is made, is not made 
        entirely independently of the candidate, committee, or agents. 
        For purposes of the previous sentence, a payment or 
        communication not made entirely independently of the candidate 
        or committee includes any payment or communication made 
        pursuant to any general or particular understanding with, or 
        pursuant to any communication with, the candidate, committee, 
        or agents about the payment or communication.
            ``(2) No finding of coordination based solely on sharing of 
        information regarding legislative or policy position.--For 
        purposes of this section, a payment shall not be considered to 
        be made by a person in cooperation, consultation, or concert 
        with, or at the request or suggestion of, a candidate or 
        committee, solely on the grounds that the person or the 
        person's agent engaged in discussions with the candidate or 
        committee, or with any agent of the candidate or committee, 
        regarding that person's position on a legislative or policy 
        matter (including urging the candidate or committee to adopt 
        that person's position), so long as there is no communication 
        between the person and the candidate or committee, or any agent 
        of the candidate or committee, regarding the candidate's or 
        committee's campaign advertising, message, strategy, policy, 
        polling, allocation of resources, fundraising, or other 
        campaign activities.
            ``(3) No effect on party coordination standard.--Nothing in 
        this section shall be construed to affect the determination of 
        coordination between a candidate and a political committee of a 
        political party for purposes of section 315(d).
            ``(4) No safe harbor for use of firewall.--A person shall 
        be determined to have made a payment in cooperation, 
        consultation, or concert with, or at the request or suggestion 
        of, a candidate or committee, in accordance with this section 
        without regard to whether or not the person established and 
        used a firewall or similar procedures to restrict the sharing 
        of information between individuals who are employed by or who 
        are serving as agents for the person making the payment.
    ``(c) Payments by Coordinated Spenders for Covered 
Communications.--
            ``(1) Payments made in cooperation, consultation, or 
        concert with candidates.--For purposes of subsection (a)(1)(A), 
        if the person who makes a payment for a covered communication, 
        as defined in subsection (d), is a coordinated spender under 
        paragraph (2) with respect to the candidate as described in 
        subsection (d)(1), the payment for the covered communication is 
        made in cooperation, consultation, or concert with the 
        candidate.
            ``(2) Coordinated spender defined.--For purposes of this 
        subsection, the term `coordinated spender' means, with respect 
        to a candidate or an authorized committee of a candidate, a 
        person (other than a political committee of a political party) 
        for which any of the following applies:
                    ``(A) During the 4-year period ending on the date 
                on which the person makes the payment, the person was 
                directly or indirectly formed or established by or at 
                the request or suggestion of, or with the encouragement 
                of, the candidate (including an individual who later 
                becomes a candidate) or committee or agents of the 
                candidate or committee, including with the approval of 
                the candidate or committee or agents of the candidate 
                or committee.
                    ``(B) The candidate or committee or any agent of 
                the candidate or committee solicits funds, appears at a 
                fundraising event, or engages in other fundraising 
                activity on the person's behalf during the election 
                cycle involved, including by providing the person with 
                names of potential donors or other lists to be used by 
                the person in engaging in fundraising activity, 
                regardless of whether the person pays fair market value 
                for the names or lists provided. For purposes of this 
                subparagraph, the term `election cycle' means, with 
                respect to an election for Federal office, the period 
                beginning on the day after the date of the most recent 
                general election for that office (or, if the general 
                election resulted in a runoff election, the date of the 
                runoff election) and ending on the date of the next 
                general election for that office (or, if the general 
                election resulted in a runoff election, the date of the 
                runoff election).
                    ``(C) The person is established, directed, or 
                managed by the candidate or committee or by any person 
                who, during the 4-year period ending on the date on 
                which the person makes the payment, has been employed 
                or retained as a political, campaign media, or 
                fundraising adviser or consultant for the candidate or 
                committee or for any other entity directly or 
                indirectly controlled by the candidate or committee, or 
                has held a formal position with the candidate or 
                committee (including a position as an employee of the 
                office of the candidate at any time the candidate held 
                any Federal, State, or local public office during the 
                4-year period).
                    ``(D) The person has retained the professional 
                services of any person who, during the 2-year period 
                ending on the date on which the person makes the 
                payment, has provided or is providing professional 
                services relating to the campaign to the candidate or 
                committee, without regard to whether the person 
                providing the professional services used a firewall. 
                For purposes of this subparagraph, the term 
                `professional services' includes any services in 
                support of the candidate's or committee's campaign 
                activities, including advertising, message, strategy, 
                policy, polling, allocation of resources, fundraising, 
                and campaign operations, but does not include 
                accounting or legal services.
                    ``(E) The person is established, directed, or 
                managed by a member of the immediate family of the 
                candidate, or the person or any officer or agent of the 
                person has had more than incidental discussions about 
                the candidate's campaign with a member of the immediate 
                family of the candidate. For purposes of this 
                subparagraph, the term `immediate family' has the 
                meaning given such term in section 9004(e) of the 
                Internal Revenue Code of 1986.
    ``(d) Covered Communication Defined.--
            ``(1) In general.--For purposes of this section, the term 
        `covered communication' means, with respect to a candidate or 
        an authorized committee of a candidate, a public communication 
        (as defined in section 301(22)) which--
                    ``(A) expressly advocates the election of the 
                candidate or the defeat of an opponent of the candidate 
                (or contains the functional equivalent of express 
                advocacy);
                    ``(B) promotes or supports the election of the 
                candidate, or attacks or opposes the election of an 
                opponent of the candidate (regardless of whether the 
                communication expressly advocates the election or 
                defeat of a candidate or contains the functional 
                equivalent of express advocacy); or
                    ``(C) refers to the candidate or an opponent of the 
                candidate but is not described in subparagraph (A) or 
                subparagraph (B), but only if the communication is 
                disseminated during the applicable election period.
            ``(2) Applicable election period.--In paragraph (1)(C), the 
        `applicable election period' with respect to a communication 
        means--
                    ``(A) in the case of a communication which refers 
                to a candidate in a general, special, or runoff 
                election, the 120-day period which ends on the date of 
                the election; or
                    ``(B) in the case of a communication which refers 
                to a candidate in a primary or preference election, or 
                convention or caucus of a political party that has 
                authority to nominate a candidate, the 60-day period 
                which ends on the date of the election or convention or 
                caucus.
            ``(3) Special rules for communications involving 
        congressional candidates.--For purposes of this subsection, a 
        public communication shall not be considered to be a covered 
        communication with respect to a candidate for election for an 
        office other than the office of President or Vice President 
        unless it is publicly disseminated or distributed in the 
        jurisdiction of the office the candidate is seeking.
    ``(e) Penalty.--
            ``(1) Determination of amount.--Any person who knowingly 
        and willfully commits a violation of this Act by making a 
        contribution which consists of a payment for a coordinated 
        expenditure shall be fined an amount equal to the greater of--
                    ``(A) in the case of a person who makes a 
                contribution which consists of a payment for a 
                coordinated expenditure in an amount exceeding the 
                applicable contribution limit under this Act, 300 
                percent of the amount by which the amount of the 
                payment made by the person exceeds such applicable 
                contribution limit; or
                    ``(B) in the case of a person who is prohibited 
                under this Act from making a contribution in any 
                amount, 300 percent of the amount of the payment made 
                by the person for the coordinated expenditure.
            ``(2) Joint and several liability.--Any director, manager, 
        or officer of a person who is subject to a penalty under 
        paragraph (1) shall be jointly and severally liable for any 
        amount of such penalty that is not paid by the person prior to 
        the expiration of the 1-year period which begins on the date 
        the Commission imposes the penalty or the 1-year period which 
        begins on the date of the final judgment following any judicial 
        review of the Commission's action, whichever is later.''.
    (c) Effective Date.--
            (1) Repeal of existing regulations on coordination.--
        Effective upon the expiration of the 90-day period which begins 
        on the date of the enactment of this Act--
                    (A) the regulations on coordinated communications 
                adopted by the Federal Election Commission which are in 
                effect on the date of the enactment of this Act (as set 
                forth under the heading ``Coordination'' in subpart C 
                of part 109 of title 11, Code of Federal Regulations) 
                are repealed; and
                    (B) the Federal Election Commission shall 
                promulgate new regulations on coordinated 
                communications which reflect the amendments made by 
                this Act.
            (2) Effective date.--The amendments made by this section 
        shall apply with respect to payments made on or after the 
        expiration of the 120-day period which begins on the date of 
        the enactment of this Act, without regard to whether or not the 
        Federal Election Commission has promulgated regulations in 
        accordance with paragraph (1)(B) as of the expiration of such 
        period.

SEC. 7003. CLARIFICATION OF BAN ON FUNDRAISING FOR SUPER PACS BY 
              FEDERAL CANDIDATES AND OFFICEHOLDERS.

    (a) In General.--Section 323(e)(1) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30125(e)(1)) is amended--
            (1) by striking ``or'' at the end of subparagraph (A);
            (2) by striking the period at the end of subparagraph (B) 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) solicit, receive, direct, or transfer funds 
                to or on behalf of any political committee which 
                accepts donations or contributions that do not comply 
                with the limitations, prohibitions, and reporting 
                requirements of this Act (or to or on behalf of any 
                account of a political committee which is established 
                for the purpose of accepting such donations or 
                contributions), or to or on behalf of any political 
                organization under section 527 of the Internal Revenue 
                Code of 1986 which accepts such donations or 
                contributions (other than a committee of a State or 
                local political party or a candidate for election for 
                State or local office).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to elections occurring after January 1, 2022.

         Subtitle B--Restoring Integrity to America's Elections

SEC. 7101. SHORT TITLE.

    This subtitle may be cited as the ``Restoring Integrity to 
America's Elections Act''.

SEC. 7102. REVISION TO ENFORCEMENT PROCESS.

    (a) Standard for Initiating Investigations and Determining Whether 
Violations Have Occurred.--
            (1) Revision of standards.--Section 309(a) of the Federal 
        Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended 
        by striking paragraphs (2) and (3) and inserting the following:
    ``(2)(A) The general counsel, upon receiving a complaint filed with 
the Commission under paragraph (1) or upon the basis of information 
ascertained by the Commission in the normal course of carrying out its 
supervisory responsibilities, shall make a determination as to whether 
or not there is reason to believe that a person has committed, or is 
about to commit, a violation of this Act or chapter 95 or chapter 96 of 
the Internal Revenue Code of 1986, and as to whether or not the 
Commission should either initiate an investigation of the matter or 
that the complaint should be dismissed. The general counsel shall 
promptly provide notification to the Commission of such determination 
and the reasons therefore, together with any written response submitted 
under paragraph (1) by the person alleged to have committed the 
violation. Upon the expiration of the 30-day period which begins on the 
date the general counsel provides such notification, the general 
counsel's determination shall take effect, unless during such 30-day 
period the Commission, by vote of a majority of the members of the 
Commission who are serving at the time, overrules the general counsel's 
determination. If the determination by the general counsel that the 
Commission should investigate the matter takes effect, or if the 
determination by the general counsel that the complaint should be 
dismissed is overruled as provided under the previous sentence, the 
general counsel shall initiate an investigation of the matter on behalf 
of the Commission.
    ``(B) If the Commission initiates an investigation pursuant to 
subparagraph (A), the Commission, through the Chair, shall notify the 
subject of the investigation of the alleged violation. Such 
notification shall set forth the factual basis for such alleged 
violation. The Commission shall make an investigation of such alleged 
violation, which may include a field investigation or audit, in 
accordance with the provisions of this section. The general counsel 
shall provide notification to the Commission of any intent to issue a 
subpoena or conduct any other form of discovery pursuant to the 
investigation. Upon the expiration of the 15-day period which begins on 
the date the general counsel provides such notification, the general 
counsel may issue the subpoena or conduct the discovery, unless during 
such 15-day period the Commission, by vote of a majority of the members 
of the Commission who are serving at the time, prohibits the general 
counsel from issuing the subpoena or conducting the discovery.
    ``(3)(A) Upon completion of an investigation under paragraph (2), 
the general counsel shall make a determination as to whether or not 
there is probable cause to believe that a person has committed, or is 
about to commit, a violation of this Act or chapter 95 or chapter 96 of 
the Internal Revenue Code of 1986, and shall promptly submit such 
determination to the Commission, and shall include with the 
determination a brief stating the position of the general counsel on 
the legal and factual issues of the case.
    ``(B) At the time the general counsel submits to the Commission the 
determination under subparagraph (A), the general counsel shall 
simultaneously notify the respondent of such determination and the 
reasons therefore, shall provide the respondent with an opportunity to 
submit a brief within 30 days stating the position of the respondent on 
the legal and factual issues of the case and replying to the brief of 
the general counsel. The general counsel shall promptly submit such 
brief to the Commission upon receipt.
    ``(C) Upon the expiration of the 30-day period which begins on the 
date the general counsel submits the determination to the Commission 
under subparagraph (A) (or, if the respondent submits a brief under 
subparagraph (B), upon the expiration of the 30-day period which begins 
on the date the general counsel submits the respondent's brief to the 
Commission under such subparagraph), the general counsel's 
determination shall take effect, unless during such 30-day period the 
Commission, by vote of a majority of the members of the Commission who 
are serving at the time, overrules the general counsel's determination. 
If the determination by the general counsel that there is probable 
cause to believe that a person has committed, or is about to commit, a 
violation of this Act or chapter 95 or chapter 96 of the Internal 
Revenue Code of 1986, or if the determination by the general counsel 
that there is not probable cause that a person has committed or is 
about to commit such a violation is overruled as provided under the 
previous sentence, for purposes of this subsection, the Commission 
shall be deemed to have determined that there is probable cause that 
the person has committed or is about to commit such a violation.''.
            (2) Conforming amendment relating to initial response to 
        filing of complaint.--Section 309(a)(1) of such Act (52 U.S.C. 
        30109(a)(1)) is amended--
                    (A) in the third sentence, by striking ``the 
                Commission'' and inserting ``the general counsel''; and
                    (B) by amending the fourth sentence to read as 
                follows: ``Not later than 15 days after receiving 
                notice from the general counsel under the previous 
                sentence, the person may provide the general counsel 
                with a written response that no action should be taken 
                against such person on the basis of the complaint.''.
    (b) Revision of Standard for Review of Dismissal of Complaints.--
            (1) In general.--Section 309(a)(8) of such Act (52 U.S.C. 
        30109(a)(8)) is amended to read as follows:
    ``(8)(A)(i) Any party aggrieved by an order of the Commission 
dismissing a complaint filed by such party may file a petition with the 
United States District Court for the District of Columbia. Any petition 
under this subparagraph shall be filed within 60 days after the date on 
which the party received notice of the dismissal of the complaint.
    ``(ii) In any proceeding under this subparagraph, the court shall 
determine by de novo review whether the agency's dismissal of the 
complaint is contrary to law. In any matter in which the penalty for 
the alleged violation is greater than $50,000, the court should 
disregard any claim or defense by the Commission of prosecutorial 
discretion as a basis for dismissing the complaint.
    ``(B)(i) Any party who has filed a complaint with the Commission 
and who is aggrieved by a failure of the Commission, within one year 
after the filing of the complaint, to act on such complaint, may file a 
petition with the United States District Court for the District of 
Columbia.
    ``(ii) In any proceeding under this subparagraph, the court shall 
determine by de novo review whether the agency's failure to act on the 
complaint is contrary to law.
    ``(C) In any proceeding under this paragraph the court may declare 
that the dismissal of the complaint or the failure to act is contrary 
to law, and may direct the Commission to conform with such declaration 
within 30 days, failing which the complainant may bring, in the name of 
such complainant, a civil action to remedy the violation involved in 
the original complaint.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply--
                    (A) in the case of complaints which are dismissed 
                by the Federal Election Commission, with respect to 
                complaints which are dismissed on or after the date of 
                the enactment of this Act; and
                    (B) in the case of complaints upon which the 
                Federal Election Commission failed to act, with respect 
                to complaints which were filed on or after the date of 
                the enactment of this Act.
    (c) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Federal Election Commission shall promulgate 
new regulations on the enforcement process under section 309 of the 
Federal Election Campaign Act of 1971 (52 U.S.C. 30109) to take into 
account the amendments made by this section.

SEC. 7103. ACTING GENERAL COUNSEL.

    Section 306(f)(1) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30106(f)(1)) is amended by adding at the end the following new 
sentence: ``In the event of a vacancy in the position of the General 
Counsel, the most senior attorney employed within the Office of the 
General Counsel at the time the vacancy arises shall exercise all the 
responsibilities of the General Counsel until the vacancy is filled.''.

SEC. 7104. PERMITTING APPEARANCE AT HEARINGS ON REQUESTS FOR ADVISORY 
              OPINIONS BY PERSONS OPPOSING THE REQUESTS.

    (a) In General.--Section 308 of such Act (52 U.S.C. 30108) is 
amended by adding at the end the following new subsection:
    ``(e) To the extent that the Commission provides an opportunity for 
a person requesting an advisory opinion under this section (or counsel 
for such person) to appear before the Commission to present testimony 
in support of the request, and the person (or counsel) accepts such 
opportunity, the Commission shall provide a reasonable opportunity for 
an interested party who submitted written comments under subsection (d) 
in response to the request (or counsel for such interested party) to 
appear before the Commission to present testimony in response to the 
request.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to requests for advisory opinions under section 308 
of the Federal Election Campaign Act of 1971 which are made on or after 
the date of the enactment of this Act.

SEC. 7105. PERMANENT EXTENSION OF ADMINISTRATIVE PENALTY AUTHORITY.

    (a) Extension of Authority.--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''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on December 31, 2021.

SEC. 7106. RESTRICTIONS ON EX PARTE COMMUNICATIONS.

    Section 306(e) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30106(e)) is amended--
            (1) by striking ``(e) The Commission'' and inserting 
        ``(e)(1) The Commission''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Members and employees of the Commission shall be subject to 
limitations on ex parte communications, as provided in the regulations 
promulgated by the Commission regarding such communications which are 
in effect on the date of the enactment of this paragraph.''.

SEC. 7107. CLARIFYING AUTHORITY OF FEC ATTORNEYS TO REPRESENT FEC IN 
              SUPREME COURT.

    (a) Clarifying Authority.--Section 306(f)(4) of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30106(f)(4)) is amended by 
striking ``any action instituted under this Act, either (A) by 
attorneys'' and inserting ``any action instituted under this Act, 
including an action before the Supreme Court of the United States, 
either (A) by the General Counsel of the Commission and other 
attorneys''.
    (b) Effective Date.--The amendment made by paragraph (1) shall 
apply with respect to actions instituted before, on, or after the date 
of the enactment of this Act.

SEC. 7108. REQUIRING FORMS TO PERMIT USE OF ACCENT MARKS.

    (a) Requirement.--Section 311(a)(1) of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30111(a)(1)) is amended by striking the 
semicolon at the end and inserting the following: ``, and shall ensure 
that all such forms (including forms in an electronic format) permit 
the person using the form to include an accent mark as part of the 
person's identification;''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect upon the expiration of the 90-day period which begins on 
the date of the enactment of this Act.

SEC. 7109. EXTENSION OF THE STATUTES OF LIMITATIONS FOR OFFENSES UNDER 
              THE FEDERAL ELECTION CAMPAIGN ACT OF 1971.

    (a) Civil Offenses.--Section 309(a) of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended by inserting after 
paragraph (9) the following new paragraph:
    ``(10) No person shall be subject to a civil penalty under this 
subsection with respect to a violation of this Act unless a complaint 
is filed with the Commission with respect to the violation under 
paragraph (1), or the Commission responds to information with respect 
to the violation which is ascertained in the normal course of carrying 
out its supervisory responsibilities under paragraph (2), not later 
than 10 years after the date on which the violation occurred.''.
    (b) Criminal Offenses.--Section 406(a) of such Act (52 U.S.C. 
30145(a)) is amended by striking ``5 years'' and inserting ``10 
years''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to violations occurring on or after the date of 
enactment of this Act.

SEC. 7110. EFFECTIVE DATE; TRANSITION.

    (a) In General.--Except as otherwise provided, this subtitle and 
the amendments made by this subtitle shall take effect and apply on the 
date of the enactment of this Act, without regard to whether or not the 
Federal Election Commission has promulgated regulations to carry out 
this subtitle and the amendments made by this subtitle.
    (b) Transition.--
            (1) No effect on existing cases or proceedings.--Nothing in 
        this subtitle or in any amendment made by this subtitle shall 
        affect any of the powers exercised by the Federal Election 
        Commission prior to the date of the enactment of this Act, 
        including any investigation initiated by the Commission prior 
        to such date or any proceeding (including any enforcement 
        action) pending as of such date.
            (2) Treatment of certain complaints.--If, as of the date of 
        the enactment of this Act, the General Counsel of the Federal 
        Election Commission has not made any recommendation to the 
        Commission under section 309(a) of the Federal Election 
        Campaign Act of 1971 (52 U.S.C. 30109) with respect to a 
        complaint filed prior to the date of the enactment of this Act, 
        this subtitle and the amendments made by this subtitle shall 
        apply with respect to the complaint in the same manner as this 
        subtitle and the amendments made by this subtitle apply with 
        respect to a complaint filed on or after the date of the 
        enactment of this Act.

                    TITLE VIII--CITIZEN EMPOWERMENT

                Subtitle A--Funding to Promote Democracy

               PART 1--PAYMENTS AND ALLOCATIONS TO STATES

SEC. 8001. STATE DEMOCRACY PROMOTION PROGRAM.

    (a) Establishment.--There is established a program to be known as 
the ``State Democracy Promotion Program'' under which the Director of 
the Office of State Democracy Promotion 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, securing 
        voting locations, expanding polling places and the availability 
        of early and mail voting, recruiting and training nonpartisan 
        election officials, and promoting cybersecurity.
            (2) Activities to ensure equitable access to democracy, 
        including the following:
                    (A) Enabling candidates who seek office in the 
                State to receive payments as participating candidates 
                under title V of the Federal Election Campaign Act of 
                1971 (as added by subtitle B), but only if the State 
                will enable candidates to receive such payments during 
                an entire election cycle.
                    (B) Operating a Democracy Credit Program under part 
                1 of subtitle B, but only if the State will operate the 
                program during an entire election cycle.
                    (C) Other activities to ensure equitable access to 
                democracy, including administering a ranked-choice 
                voting system and carrying out Congressional 
                redistricting through independent commissions.
            (3) Activities to increase access to voting in elections 
        for Federal office by underserved 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 8002; and
                    (B) not later than 45 days before the first day of 
                the fiscal year, the Director, in consultation with the 
                Election Assistance Commission and the Federal Election 
                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 and the Federal Election 
                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 and federal election 
        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 with respect to the 
                proposed State activities described in subsection 
                (b)(1) and with the Federal Election Commission with 
                respect to the proposed State activities described in 
                subsection (b)(2)(A) and (b)(2)(B); and
                    (B) the Election Assistance Commission and the 
                Federal Election Commission shall 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 the revised plan submitted 
        under paragraph (2) in consultation with the majority party and 
        minority party leaders of each house of the State legislature.
    (e) State Report on Use of Allocations.--Not later than 90 days 
after the last day of a fiscal year for which an allocation was made to 
the State under the 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) Effective Date.--This section shall apply with respect to 
fiscal year 2023 and each succeeding fiscal year.

SEC. 8002. STATE PLAN.

    (a) Contents.--A State plan under this section with respect to a 
State is a plan containing each of the 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 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 8001(b)(1) 
                (relating to election administration);
                    (B) activities described in section 8001(b)(2)(A) 
                (relating to payments to participating candidates in 
                the State under title V of the Federal Election 
                Campaign Act of 1971); and
                    (C) activities described in section 8001(b)(2)(B) 
                (relating to the operation of a Democracy Credit 
                Program under part 1 of subtitle B).
            (4) A description of how the State will establish the fund 
        described in subsection (b) for purposes of administering the 
        democracy promotion activities which the State will carry out 
        with the payment, including information on fund management.
            (5) A description of the State-based administrative 
        complaint procedures established for purposes of section 
        8003(b).
            (6) 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)(4), a 
        fund described in this subsection with respect to a State is a 
        fund which is established in the treasury of the State 
        government, which is 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. 8003. PROHIBITING REDUCTION IN ACCESS TO PARTICIPATION IN 
              ELECTIONS.

    (a) Prohibiting Use of Payments.--A State may not use a payment 
made under the Program to carry out any activity which has the purpose 
or effect of diminishing the ability of any citizen of the United 
States to participate in the electoral process.
    (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.
            (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. 8004. 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, in accordance with section 8012, determine and 
        establish the aggregate amount available for allocations to 
        States under the Program for the fiscal year; and
            (2) shall notify each State of the amount of the State's 
        allocation under the Program for the fiscal year.
    (d) Source of Payments.--The amounts used to make allocations and 
payments under the Program shall be derived solely from the Trust Fund.

SEC. 8005. PROCEDURES FOR DISBURSEMENTS OF PAYMENTS AND ALLOCATIONS.

    (a) Direct Payments to States for Certain Activities Under State 
Plan.--
            (1) Direct payment.--If the approved State plan of a State 
        includes activities for which allocations are not made under 
        subsections (b), (c), or (d), upon approving the State plan 
        under section 8002, the Director shall direct the Secretary of 
        the Treasury to disburse amounts from the Trust Fund for 
        payment to the State in the aggregate amount provided under the 
        plan for such activities.
            (2) Timing.--As soon as practicable after the Director 
        directs the Secretary of the Treasury to disburse amounts for 
        payment to a State under paragraph (1), the Secretary of the 
        Treasury shall make the payment to the State under such 
        paragraph.
            (3) Continuing availability of funds after appropriation.--
        A payment made to a State under this subsection shall be 
        available without fiscal year limitation.
    (b) Allocation to Election Assistance Commission for Payments to 
States for Certain Election Administration Activities.--
            (1) Allocation.--If the approved State plan of a State 
        includes activities described in section 8001(b)(1), upon 
        approving the State plan under section 8002, the Director shall 
        direct the Secretary of the Treasury to allocate to the 
        Election Assistance Commission the amount provided for such 
        activities under the plan.
            (2) Payment to state.--As soon as practicable after 
        receiving an allocation under paragraph (1) with respect to a 
        State, the Election Assistance Commission shall make a payment 
        to the State in the amount of the State's allocation.
            (3) Continuing availability of funds after appropriation.--
        A payment made to a State by the Election Assistance Commission 
        under this subsection shall be available without fiscal year 
        limitation.
    (c) Allocation to Federal Election Commission for Payments to 
Participating Candidates From State.--If the approved State plan of a 
State includes activities described in section 8001(b)(2)(A), relating 
to payments to participating candidates in the State under title V of 
the Federal Election Campaign Act of 1971, upon approving the State 
plan under section 8002, the Director shall direct the Secretary of the 
Treasury to allocate to the Federal Election Commission the amount 
provided for such activities under the plan.
    (d) Allocation to Federal Election Commission for Payments for 
Democracy Credit Program.--If the approved State plan of a State 
includes activities described in section 8001(b)(2)(B), relating to 
payments to the State for the operation of a Democracy Credit Program 
under part 1 of subtitle B, upon approving the State plan under section 
8002, the Director shall direct the Secretary of the Treasury to 
allocate to the Federal Election Commission the amount provided for 
such activities under the plan.

SEC. 8006. OFFICE OF STATE DEMOCRACY PROMOTION.

    (a) Establishment.--There is established as an independent 
establishment in the executive branch the Office of State Democracy 
Promotion.
    (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.
    (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 and the Federal Election Commission, 
        including by holding quarterly meetings of representatives from 
        such Commissions.
            (2) Oversight of trust fund.--The Director shall oversee 
        the operation of the Trust Fund and monitor its balances, in 
        consultation with 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 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 State Democracy Promotion,'' 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 State Democracy Promotion; 
                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 
        confirmation or appointment of the Director, the Director shall 
        promulgate such rules and regulations as the Director considers 
        necessary and appropriate to carry out the requirements of this 
        part and the amendments made by this part.
            (3) Comments by the election assistance commission and the 
        federal election commission.--The Election Assistance 
        Commission and the Federal Election Assistance shall timely 
        submit comments with respect to any proposed regulations 
        promulgated by the Director under this subsection.
    (h) 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.

      PART 2--STATE ELECTION ASSISTANCE AND INNOVATION TRUST FUND

SEC. 8011. 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.--The Trust Fund shall consist solely of--
            (1) amounts transferred under section 3015 of title 18, 
        United States Code, section 9706 of title 31, United States 
        Code, and section 6761 of the Internal Revenue Code of 1986 (as 
        added by section 8013);
            (2) amounts transferred under section 9006(d) of the 
        Internal Revenue Code of 1986 (as added by section 8014); and
            (3) gifts or bequests deposited pursuant to subsection (d).
    (c) Use of Funds.--Amounts in the Trust Fund shall be used to make 
payments and allocations under the Program (as described in section 
8012(a)) 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.
    (e) No Taxpayer Funds Permitted.--No taxpayer funds may be 
deposited into the Trust Fund.
    (f) Effective Date.--This section shall take effect on the date of 
the enactment of this subtitle.

SEC. 8012. USES OF FUND.

    (a) Payments and Allocations Described.--For each fiscal year, 
amounts in the Fund shall be used as follows:
            (1) Payments to States under the Program, as described in 
        section 8005(a).
            (2) Allocations to the Election Assistance Commission, to 
        be used for payments for certain election administration 
        activities, as described in section 8005(b).
            (3) Allocations to the Federal Election Commission, to be 
        used for payments to participating candidates under title V of 
        the Federal Election Campaign Act of 1971, as described in 
        section 8005(c).
            (4) Allocations to the Federal Election Commission, to be 
        used for payments to States operating a Democracy Credit 
        Program under part 1 of subtitle B, as described in section 
        8005(d).
    (b) Determination of Aggregate Amount of State Allocations.--The 
Director, in consultation with the Election Assistance Commission and 
the Federal Election Commission, shall determine and establish the 
aggregate amount of State allocations for each fiscal year, taking into 
account the anticipated balances of the Trust Fund.

SEC. 8013. ASSESSMENTS AGAINST FINES AND PENALTIES.

    (a) Assessments Relating to Criminal Offenses.--
            (1) In general.--Chapter 201 of title 18, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 3015. Special assessments for State Election Assistance and 
              Innovation Trust Fund
    ``(a) Assessments.--
            ``(1) Convictions of crimes.--In addition to any assessment 
        imposed under this chapter, the court shall assess on any 
        organizational defendant or any defendant who is a corporate 
        officer or person with equivalent authority in any other 
        organization who is convicted of a criminal offense under 
        Federal law an amount equal to 4.75 percent of any fine imposed 
        on that defendant in the sentence imposed for that conviction.
            ``(2) Settlements.--The court shall assess on any 
        organizational defendant or defendant who is a corporate 
        officer or person with equivalent authority in any other 
        organization who has entered into a settlement agreement or 
        consent decree with the United States in satisfaction of any 
        allegation that the defendant committed a criminal offense 
        under Federal law an amount equal to 4.75 percent of the amount 
        of the settlement.
    ``(b) Manner of Collection.--An amount assessed under subsection 
(a) shall be collected in the manner in which fines are collected in 
criminal cases.
    ``(c) Transfers.--In a manner consistent with section 3302(b) of 
title 31, there shall be transferred from the General Fund of the 
Treasury to the State Election Assistance and Innovation Trust Fund 
under section 8011 of the Freedom to Vote Act an amount equal to the 
amount of the assessments collected under this section.''.
            (2) Clerical amendment.--The table of sections of chapter 
        201 of title 18, United States Code, is amended by adding at 
        the end the following:

``3015. Special assessments for State Election Assistance and 
                            Innovation Trust Fund.''.
    (b) Assessments Relating to Civil Penalties.--
            (1) In general.--Chapter 97 of title 31, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 9706. Special assessments for State Election Assistance and 
              Innovation Trust Fund
    ``(a) Assessments.--
            ``(1) Civil penalties.--Any entity of the Federal 
        Government which is authorized under any law, rule, or 
        regulation to impose a civil penalty shall assess on each 
        person, other than a natural person who is not a corporate 
        officer or person with equivalent authority in any other 
        organization, on whom such a penalty is imposed an amount equal 
        to 4.75 percent of the amount of the penalty.
            ``(2) Administrative penalties.--Any entity of the Federal 
        Government which is authorized under any law, rule, or 
        regulation to impose an administrative penalty shall assess on 
        each person, other than a natural person who is not a corporate 
        officer or person with equivalent authority in any other 
        organization, on whom such a penalty is imposed an amount equal 
        to 4.75 percent of the amount of the penalty.
            ``(3) Settlements.--Any entity of the Federal Government 
        which is authorized under any law, rule, or regulation to enter 
        into a settlement agreement or consent decree with any person, 
        other than a natural person who is not a corporate officer or 
        person with equivalent authority in any other organization, in 
        satisfaction of any allegation of an action or omission by the 
        person which would be subject to a civil penalty or 
        administrative penalty shall assess on such person an amount 
        equal to 4.75 percent of the amount of the settlement.
    ``(b) Manner of Collection.--An amount assessed under subsection 
(a) shall be collected--
            ``(1) in the case of an amount assessed under paragraph (1) 
        of such subsection, in the manner in which civil penalties are 
        collected by the entity of the Federal Government involved;
            ``(2) in the case of an amount assessed under paragraph (2) 
        of such subsection, in the manner in which administrative 
        penalties are collected by the entity of the Federal Government 
        involved; and
            ``(3) in the case of an amount assessed under paragraph (3) 
        of such subsection, in the manner in which amounts are 
        collected pursuant to settlement agreements or consent decrees 
        entered into by the entity of the Federal Government involved.
    ``(c) Transfers.--In a manner consistent with section 3302(b) of 
this title, there shall be transferred from the General Fund of the 
Treasury to the State Election Assistance and Innovation Trust Fund 
under section 8011 of the Freedom to Vote Act an amount equal to the 
amount of the assessments collected under this section.
    ``(d) Exception for Penalties and Settlements Under Authority of 
the Internal Revenue Code of 1986.--
            ``(1) In general.--No assessment shall be made under 
        subsection (a) with respect to any civil or administrative 
        penalty imposed, or any settlement agreement or consent decree 
        entered into, under the authority of the Internal Revenue Code 
        of 1986.
            ``(2) Cross reference.--For application of special 
        assessments for the State Election Assistance and Innovation 
        Trust Fund with respect to certain penalties under the Internal 
        Revenue Code of 1986, see section 6761 of the Internal Revenue 
        Code of 1986.''.
            (2) Clerical amendment.--The table of sections of chapter 
        97 of title 31, United States Code, is amended by adding at the 
        end the following:

``9706. Special assessments for State Election Assistance and 
                            Innovation Trust Fund.''.
    (c) Assessments Relating to Certain Penalties Under the Internal 
Revenue Code of 1986.--
            (1) In general.--Chapter 68 of the Internal Revenue Code of 
        1986 is amended by adding at the end the following new 
        subchapter:

 ``Subchapter D--Special Assessments for State Election Assistance and 
                         Innovation Trust Fund

``SEC. 6761. SPECIAL ASSESSMENTS FOR STATE ELECTION ASSISTANCE AND 
              INNOVATION TRUST FUND.

    ``(a) In General.--Each person required to pay a covered penalty 
shall pay an additional amount equal to 4.75 percent of the amount of 
such penalty.
    ``(b) Covered Penalty.--For purposes of this section, the term 
`covered penalty' means any addition to tax, additional amount, 
penalty, or other liability provided under subchapter A or B.
    ``(c) Exception for Certain Individuals.--
            ``(1) In general.--In the case of a taxpayer who is an 
        individual, subsection (a) shall not apply to any covered 
        penalty if such taxpayer is an exempt taxpayer for the taxable 
        year for which such covered penalty is assessed.
            ``(2) Exempt taxpayer.--For purposes of this subsection, a 
        taxpayer is an exempt taxpayer for any taxable year if the 
        taxable income of such taxpayer for such taxable year does not 
        exceed the dollar amount at which begins the highest rate 
        bracket in effect under section 1 with respect to such taxpayer 
        for such taxable year.
    ``(d) Application of Certain Rules.--Except as provided in 
subsection (e), the additional amount determined under subsection (a) 
shall be treated for purposes of this title in the same manner as the 
covered penalty to which such additional amount relates.
    ``(e) Transfer to State Election Administration and Innovation 
Trust Fund.--The Secretary shall deposit any additional amount under 
subsection (a) in the General Fund of the Treasury and shall transfer 
from such General Fund to the State Election Assistance and Innovation 
Trust Fund under section 8011 of the Freedom to Vote Act an amount 
equal to the amounts so deposited (and, notwithstanding subsection (d), 
such additional amount shall not be the basis for any deposit, 
transfer, credit, appropriation, or any other payment, to any other 
trust fund or account). Rules similar to the rules of section 9601 
shall apply for purposes of this subsection.''.
            (2) Clerical amendment.--The table of subchapters for 
        chapter 68 of such Code is amended by adding at the end the 
        following new item:

 ``subchapter d--special assessments for state election assistance and 
                        innovation trust fund''.

    (d) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply with respect to 
        convictions, agreements, and penalties which occur on or after 
        the date of the enactment of this Act.
            (2) Assessments relating to certain penalties under the 
        internal revenue code of 1986.--The amendments made by 
        subsection (c) shall apply to covered penalties assessed after 
        the date of the enactment of this Act.

SEC. 8014. TRANSFER OF BALANCE OF PRESIDENTIAL ELECTION CAMPAIGN FUND.

    Section 9006 of the Internal Revenue Code of 1986 is amended by 
adding at the end the following new subsection:
    ``(d) Transfer of Balance to State Election Assistance and 
Innovation Trust Fund.--Effective December 31, 2021, the Secretary 
shall transfer from the fund to the State Election Assistance and 
Innovation Trust Fund under section 8011 of the Freedom to Vote Act an 
amount equal to the balance of the fund as of such date, reduced by the 
amount of any payments required to be made from the fund under section 
9008(i).''.

                       PART 3--GENERAL PROVISIONS

SEC. 8021. DEFINITIONS.

    In this subtitle, 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 ``election cycle'' means the period beginning 
        on the day after the date of the most recent regularly 
        scheduled general election for Federal office and ending on the 
        date of the next regularly scheduled general election for 
        Federal office.
            (4) 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.
            (5) The term ``Office'' means the Office of State Democracy 
        Promotion established under section 8005.
            (6) The term ``Program'' means the State Democracy 
        Promotion Program established under section 8001.
            (7) 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.
            (8) The term ``Trust Fund'' means the State Election 
        Assistance and Innovation Trust Fund established under section 
        8011.

SEC. 8022. 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 subtitle, 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.

           Subtitle B--Elections for House of Representatives

SEC. 8101. SHORT TITLE.

    This subtitle may be cited as the ``Government By the People Act of 
2021''.

               PART 1--OPTIONAL DEMOCRACY CREDIT PROGRAM

SEC. 8102. ESTABLISHMENT OF PROGRAM.

    (a) Establishment.--The Federal Election Commission (hereafter in 
this part referred to as the ``Commission'') shall establish a program 
under which the Commission shall make payments to States to operate a 
credit program which is described in section 8103 during an election 
cycle.
    (b) Requirements for Program.--A State is eligible to operate a 
credit program under this part with respect to an election cycle if, 
not later than 180 days before the cycle begins, the State submits to 
the Commission a statement containing--
            (1) information and assurances that the State will operate 
        a credit program which contains the elements described in 
        section 8103(a);
            (2) information and assurances that the State will 
        establish fraud prevention mechanisms described in section 
        8103(b);
            (3) information and assurances that the State will 
        establish a commission to oversee and implement the program as 
        described in section 8103(c);
            (4) information and assurances that the State will carry 
        out a public information campaign as described in section 
        8103(d);
            (5) information and assurances that the State will submit 
        reports as required under section 8104;
            (6) information and assurances that, not later than 90 days 
        before the beginning of the cycle, the State will complete any 
        actions necessary to operate the program during the cycle; and
            (7) such other information and assurances as the Commission 
        may require.
    (c) Reimbursement of Costs.--
            (1) Reimbursement.--Upon receiving the report submitted by 
        a State under section 8104(a) with respect to an election 
        cycle, the Commission shall transmit a payment to the State in 
        an amount equal to the reasonable costs incurred by the State 
        in operating the credit program under this part during the 
        cycle.
            (2) Source of funds.--Payments to a State under the program 
        shall be made using amounts allocated to the Commission for 
        purposes of making payments under this part with respect to the 
        State from the State Election Assistance and Innovation Trust 
        Fund (hereafter referred to as the ``Fund'') under section 
        8012, in the amount allocated with respect to the State under 
        section 8005(d).
            (3) Mandatory reduction of payments in case of insufficient 
        allocations.--
                    (A) Advance audits by commission.--Not later than 
                90 days before the first day of each program operation 
                period, the Commission, in consultation with the 
                Director of the Office of State Democracy Promotion, 
                shall--
                            (i) audit the Fund to determine whether, 
                        after first making payments to States under 
                        section 8005(a), then making allocations to the 
                        Election Assistance Commission under section 
                        8005(b), and then making allocations to the 
                        Commission under section 8005(c), the amount 
                        allocated to the State for making payments 
                        under this part will be sufficient to make 
                        payments to the State in the amounts provided 
                        under this subsection; and
                            (ii) submit a report to Congress describing 
                        the results of the audit.
                    (B) Reductions in amount of payments.--
                            (i) Automatic reduction on pro rata 
                        basis.--If, on the basis of the audit described 
                        in subparagraph (A), the Commission determines 
                        that the amount allocated to the State for 
                        making payments under this part is not, or may 
                        not be, sufficient to make payments to the 
                        State under this part in the full amount 
                        provided under this subsection with respect to 
                        an election cycle, the Commission shall reduce 
                        each amount which would otherwise be paid to a 
                        State under this subsection by such pro rata 
                        amount as may be necessary to ensure that the 
                        aggregate amount of payments anticipated to be 
                        made with respect to the cycle will not exceed 
                        the amount allocated to the State for making 
                        payments under this part with respect to such 
                        cycle.
                            (ii) Restoration of reductions in case of 
                        availability of sufficient funds during 
                        election cycle.--If, after reducing the amount 
                        paid to a State with respect to an election 
                        cycle under clause (i), the Commission 
                        determines that the amount allocated to the 
                        State for making payments under this part is 
                        sufficient to restore the amount by which such 
                        payments were reduced (or any portion thereof), 
                        to the extent that such amounts are available, 
                        the Commission may make a payment to the State 
                        with respect to the cycle in the amount by 
                        which such State's payments were reduced under 
                        clause (i) (or any portion thereof, as the case 
                        may be).
                            (iii) No use of amounts from other 
                        sources.--In any case in which the Commission 
                        determines that the amount allocated to the 
                        State for making payments under this part is 
                        insufficient to make payments to the State 
                        under this part, moneys shall not be made 
                        available from any other source for the purpose 
                        of making such payments.
            (4) Cap on amount of payment.--The aggregate amount of 
        payments made to any State with respect to two consecutive 
        election cycles period may not exceed $10,000,000. If the State 
        determines that the maximum payment amount under this paragraph 
        with respect to such cycles is not, or may not be, sufficient 
        to cover the reasonable costs incurred by the State in 
        operating the program under this part for such cycles, the 
        State shall reduce the amount of the credit provided to each 
        qualified individual by such pro rata amount as may be 
        necessary to ensure that the reasonable costs incurred by the 
        State in operating the program will not exceed the amount paid 
        to the State with respect to such cycles.
    (d) Continuing Availability of Funds After Appropriation.--A 
payment made to a State under this part shall be available without 
fiscal year limitation.

SEC. 8103. CREDIT PROGRAM DESCRIBED.

    (a) General Elements of Program.--
            (1) Elements described.--The elements of a credit program 
        operated by a State under this part are as follows:
                    (A) The State shall provide each qualified 
                individual upon the individual's request with a credit 
                worth $25 to be known as a ``Democracy Credit'' during 
                the election cycle which will be assigned a routing 
                number and which at the option of the individual will 
                be provided in either paper or electronic form.
                    (B) Using the routing number assigned to the 
                Democracy Credit, the individual may submit the 
                Democracy Credit in either electronic or paper form to 
                qualified candidates for election for the office of 
                Representative in, or Delegate or Resident Commissioner 
                to, the Congress and allocate such portion of the value 
                of the Democracy Credit in increments of $5 as the 
                individual may select to any such candidate.
                    (C) If the candidate transmits the Democracy Credit 
                to the Commission, the Commission shall pay the 
                candidate the portion of the value of the Democracy 
                Credit that the individual allocated to the candidate, 
                which shall be considered a contribution by the 
                individual to the candidate for purposes of the Federal 
                Election Campaign Act of 1971.
            (2) Designation of qualified individuals.--For purposes of 
        paragraph (1)(A), a ``qualified individual'' with respect to a 
        State means an individual--
                    (A) who is a resident of the State;
                    (B) who will be of voting age as of the date of the 
                election for the candidate to whom the individual 
                submits a Democracy Credit; and
                    (C) who is not prohibited under Federal law from 
                making contributions to candidates for election for 
                Federal office.
            (3) Treatment as contribution to candidate.--For purposes 
        of the Federal Election Campaign Act of 1971, the submission of 
        a Democracy Credit to a candidate by an individual shall be 
        treated as a contribution to the candidate by the individual in 
        the amount of the portion of the value of the Credit that the 
        individual allocated to the candidate.
    (b) Fraud Prevention Mechanism.--In addition to the elements 
described in subsection (a), a State operating a credit program under 
this part shall permit an individual to revoke a Democracy Credit not 
later than 2 days after submitting the Democracy Credit to a candidate.
    (c) Oversight Commission.--In addition to the elements described in 
subsection (a), a State operating a credit program under this part 
shall establish a commission or designate an existing entity to oversee 
and implement the program in the State, except that no such commission 
or entity may be comprised of elected officials.
    (d) Public Information Campaign.--In addition to the elements 
described in subsection (a), a State operating a credit program under 
this part shall carry out a public information campaign to disseminate 
awareness of the program among qualified individuals.
    (e) No Taxpayer Funds Permitted to Carry Out Program.--No taxpayer 
funds shall be used to carry out the credit program under this part.

SEC. 8104. REPORTS.

    (a) State Reports.--Not later than 6 months after each first 
election cycle during which the State operates a program under this 
part, the State shall submit a report to the Commission analyzing the 
operation and effectiveness of the program during the cycle and 
including such other information as the Commission may require.
    (b) Study and Report on Impact and Effectiveness of Credit 
Programs.--
            (1) Study.--The Federal Election Commission shall conduct a 
        study on the efficacy of political credit programs, including 
        the program under this part and other similar programs, in 
        expanding and diversifying the pool of individuals who 
        participate in the electoral process, including those who 
        participate as donors and those who participate as candidates.
            (2) Report.--Not later than 1 year after the first election 
        cycle for which States operate the program under this part, the 
        Commission shall publish and submit to Congress a report on the 
        study conducted under paragraph (1).

SEC. 8105. ELECTION CYCLE DEFINED.

    In this part, the term ``election cycle'' means the period 
beginning on the day after the date of the most recent regularly 
scheduled general election for Federal office and ending on the date of 
the next regularly scheduled general election for Federal office.

   PART 2--OPTIONAL SMALL DOLLAR FINANCING OF ELECTIONS FOR HOUSE OF 
                            REPRESENTATIVES

SEC. 8111. BENEFITS AND ELIGIBILITY REQUIREMENTS FOR CANDIDATES.

    The Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) 
is amended by adding at the end the following:

      ``TITLE V--SMALL DOLLAR FINANCING OF ELECTIONS FOR HOUSE OF 
                            REPRESENTATIVES

                         ``Subtitle A--Benefits

``SEC. 501. BENEFITS FOR PARTICIPATING CANDIDATES.

    ``(a) In General.--If a candidate for election to the office of 
Representative in, or Delegate or Resident Commissioner to, the 
Congress is certified as a participating candidate under this title 
with respect to an election for such office, the candidate shall be 
entitled to payments as provided under this title.
    ``(b) Amount of Payment.--The amount of a payment made under this 
title shall be equal to 600 percent of the amount of qualified small 
dollar contributions received by the candidate since the most recent 
payment made to the candidate under this title during the election 
cycle, without regard to whether or not the candidate received any of 
the contributions before, during, or after the Small Dollar Democracy 
qualifying period applicable to the candidate under section 511(c).
    ``(c) Limit on Aggregate Amount of Payments.--The aggregate amount 
of payments made to a participating candidate with respect to an 
election cycle under this title may not exceed 50 percent of the 
average of the 20 greatest amounts of disbursements made by the 
authorized committees of any winning candidate for the office of 
Representative in, or Delegate or Resident Commissioner to, the 
Congress during the most recent election cycle, rounded to the nearest 
$100,000.
    ``(d) No Taxpayer Funds Permitted.--No taxpayer funds shall be used 
to make payments under this title.

``SEC. 502. PROCEDURES FOR MAKING PAYMENTS.

    ``(a) In General.--The Commission shall make a payment under 
section 501 to a candidate who is certified as a participating 
candidate upon receipt from the candidate of a request for a payment 
which includes--
            ``(1) a statement of the number and amount of qualified 
        small dollar contributions received by the candidate since the 
        most recent payment made to the candidate under this title 
        during the election cycle;
            ``(2) a statement of the amount of the payment the 
        candidate anticipates receiving with respect to the request;
            ``(3) a statement of the total amount of payments the 
        candidate has received under this title as of the date of the 
        statement; and
            ``(4) such other information and assurances as the 
        Commission may require.
    ``(b) Restrictions on Submission of Requests.--A candidate may not 
submit a request under subsection (a) unless each of the following 
applies:
            ``(1) The amount of the qualified small dollar 
        contributions in the statement referred to in subsection (a)(1) 
        is equal to or greater than $5,000, unless the request is 
        submitted during the 30-day period which ends on the date of a 
        general election.
            ``(2) The candidate did not receive a payment under this 
        title during the 7-day period which ends on the date the 
        candidate submits the request.
    ``(c) Time of Payment.--The Commission shall, in coordination with 
the Secretary of the Treasury, take such steps as may be necessary to 
ensure that the Secretary is able to make payments under this section 
from the Treasury not later than 2 business days after the receipt of a 
request submitted under subsection (a).

``SEC. 503. USE OF FUNDS.

    ``(a) Use of Funds for Authorized Campaign Expenditures.--A 
candidate shall use payments made under this title, including payments 
provided with respect to a previous election cycle which are withheld 
from remittance to the Commission in accordance with section 524(a)(2), 
only for making direct payments for the receipt of goods and services 
which constitute authorized expenditures (as determined in accordance 
with title III) in connection with the election cycle involved.
    ``(b) Prohibiting Use of Funds for Legal Expenses, Fines, or 
Penalties.--Notwithstanding title III, a candidate may not use payments 
made under this title for the payment of expenses incurred in 
connection with any action, claim, or other matter before the 
Commission or before any court, hearing officer, arbitrator, or other 
dispute resolution entity, or for the payment of any fine or civil 
monetary penalty.

``SEC. 504. QUALIFIED SMALL DOLLAR CONTRIBUTIONS DESCRIBED.

    ``(a) In General.--In this title, the term `qualified small dollar 
contribution' means, with respect to a candidate and the authorized 
committees of a candidate, a contribution that meets the following 
requirements:
            ``(1) The contribution is in an amount that is--
                    ``(A) not less than $1; and
                    ``(B) not more than $200.
            ``(2)(A) The contribution is made directly by an individual 
        to the candidate or an authorized committee of the candidate 
        and is not--
                    ``(i) forwarded from the individual making the 
                contribution to the candidate or committee by another 
                person; or
                    ``(ii) received by the candidate or committee with 
                the knowledge that the contribution was made at the 
                request, suggestion, or recommendation of another 
                person.
            ``(B) In this paragraph--
                    ``(i) the term `person' does not include an 
                individual (other than an individual described in 
                section 304(i)(7) of the Federal Election Campaign Act 
                of 1971), a political committee of a political party, 
                or any political committee which is not a separate 
                segregated fund described in section 316(b) of the 
                Federal Election Campaign Act of 1971 and which does 
                not make contributions or independent expenditures, 
                does not engage in lobbying activity under the Lobbying 
                Disclosure Act of 1995 (2 U.S.C. 1601 et seq.), and is 
                not established by, controlled by, or affiliated with a 
                registered lobbyist under such Act, an agent of a 
                registered lobbyist under such Act, or an organization 
                which retains or employs a registered lobbyist under 
                such Act; and
                    ``(ii) a contribution is not `made at the request, 
                suggestion, or recommendation of another person' solely 
                on the grounds that the contribution is made in 
                response to information provided to the individual 
                making the contribution by any person, so long as the 
                candidate or authorized committee does not know the 
                identity of the person who provided the information to 
                such individual.
            ``(3) The individual who makes the contribution does not 
        make contributions to the candidate or the authorized 
        committees of the candidate with respect to the election 
        involved in an aggregate amount that exceeds the amount 
        described in paragraph (1)(B), or any contribution to the 
        candidate or the authorized committees of the candidate with 
        respect to the election involved that otherwise is not a 
        qualified small dollar contribution.
    ``(b) Treatment of Democracy Credits.--Any payment received by a 
candidate and the authorized committees of a candidate which consists 
of a Democracy Credit under the Government By the People Act of 2021 
shall be considered a qualified small dollar contribution for purposes 
of this title, so long as the individual making the payment meets the 
requirements of paragraphs (2) and (3) of subsection (a).
    ``(c) Restriction on Subsequent Contributions.--
            ``(1) Prohibiting donor from making subsequent nonqualified 
        contributions during election cycle.--
                    ``(A) In general.--An individual who makes a 
                qualified small dollar contribution to a candidate or 
                the authorized committees of a candidate with respect 
                to an election may not make any subsequent contribution 
                to such candidate or the authorized committees of such 
                candidate with respect to the election cycle which is 
                not a qualified small dollar contribution.
                    ``(B) Exception for contributions to candidates who 
                voluntarily withdraw from participation during 
                qualifying period.--Subparagraph (A) does not apply 
                with respect to a contribution made to a candidate who, 
                during the Small Dollar Democracy qualifying period 
                described in section 511(c), submits a statement to the 
                Commission under section 513(c) to voluntarily withdraw 
                from participating in the program under this title.
            ``(2) Treatment of subsequent nonqualified contributions.--
        If, notwithstanding the prohibition described in paragraph (1), 
        an individual who makes a qualified small dollar contribution 
        to a candidate or the authorized committees of a candidate with 
        respect to an election makes a subsequent contribution to such 
        candidate or the authorized committees of such candidate with 
        respect to the election which is prohibited under paragraph (1) 
        because it is not a qualified small dollar contribution, the 
        candidate may take one of the following actions:
                    ``(A) Not later than 2 weeks after receiving the 
                contribution, the candidate may return the subsequent 
                contribution to the individual. In the case of a 
                subsequent contribution which is not a qualified small 
                dollar contribution because the contribution fails to 
                meet the requirements of paragraph (3) of subsection 
                (a) (relating to the aggregate amount of contributions 
                made to the candidate or the authorized committees of 
                the candidate by the individual making the 
                contribution), the candidate may return an amount equal 
                to the difference between the amount of the subsequent 
                contribution and the amount described in paragraph 
                (1)(B) of subsection (a).
                    ``(B) The candidate may retain the subsequent 
                contribution, so long as not later than 2 weeks after 
                receiving the subsequent contribution, the candidate 
                remits to the Commission an amount equal to any 
                payments received by the candidate under this title 
                which are attributable to the qualified small dollar 
                contribution made by the individual involved. Such 
                amount shall be used to supplement the allocation made 
                to the Commission with respect to candidates from the 
                State in which the candidate seeks office, as described 
                in section 541(a).
            ``(3) No effect on ability to make multiple 
        contributions.--Nothing in this section may be construed to 
        prohibit an individual from making multiple qualified small 
        dollar contributions to any candidate or any number of 
        candidates, so long as each contribution meets each of the 
        requirements of paragraphs (1), (2), and (3) of subsection (a).
    ``(d) Notification Requirements for Candidates.--
            ``(1) Notification.--Each authorized committee of a 
        candidate who seeks to be a participating candidate under this 
        title shall provide the following information in any materials 
        for the solicitation of contributions, including any internet 
        site through which individuals may make contributions to the 
        committee:
                    ``(A) A statement that if the candidate is 
                certified as a participating candidate under this 
                title, the candidate will receive matching payments in 
                an amount which is based on the total amount of 
                qualified small dollar contributions received.
                    ``(B) A statement that a contribution which meets 
                the requirements set forth in subsection (a) shall be 
                treated as a qualified small dollar contribution under 
                this title.
                    ``(C) A statement that if a contribution is treated 
                as qualified small dollar contribution under this 
                title, the individual who makes the contribution may 
                not make any contribution to the candidate or the 
                authorized committees of the candidate during the 
                election cycle which is not a qualified small dollar 
                contribution.
            ``(2) Alternative methods of meeting requirements.--An 
        authorized committee may meet the requirements of paragraph 
        (1)--
                    ``(A) by including the information described in 
                paragraph (1) in the receipt provided under section 
                512(b)(3) to a person making a qualified small dollar 
                contribution; or
                    ``(B) by modifying the information it provides to 
                persons making contributions which is otherwise 
                required under title III (including information it 
                provides through the internet).

              ``Subtitle B--Eligibility and Certification

``SEC. 511. ELIGIBILITY.

    ``(a) In General.--A candidate for the office of Representative in, 
or Delegate or Resident Commissioner to, the Congress is eligible to be 
certified as a participating candidate under this title with respect to 
an election if the candidate meets the following requirements:
            ``(1) The candidate files with the Commission a statement 
        of intent to seek certification as a participating candidate.
            ``(2) The candidate meets the qualifying requirements of 
        section 512.
            ``(3) The candidate files with the Commission a statement 
        certifying that the authorized committees of the candidate meet 
        the requirements of section 504(d).
            ``(4) Not later than the last day of the Small Dollar 
        Democracy qualifying period, the candidate files with the 
        Commission an affidavit signed by the candidate and the 
        treasurer of the candidate's principal campaign committee 
        declaring that the candidate--
                    ``(A) has complied and, if certified, will comply 
                with the contribution and expenditure requirements of 
                section 521;
                    ``(B) if certified, will run only as a 
                participating candidate for all elections for the 
                office that such candidate is seeking during that 
                election cycle; and
                    ``(C) has either qualified or will take steps to 
                qualify under State law to be on the ballot.
            ``(5) The candidate files with the Commission a 
        certification that the candidate will not use any allocation 
        from the Fund to directly or indirectly pay salaries, fees, 
        consulting expenses, or any other compensation for services 
        rendered to themselves, family members (including spouses as 
        well as children, parents, siblings, or any of their spouses), 
        or any entity or organization in which they have an ownership 
        interest.
    ``(b) General Election.--Notwithstanding subsection (a), a 
candidate shall not be eligible to be certified as a participating 
candidate under this title for a general election or a general runoff 
election unless the candidate's party nominated the candidate to be 
placed on the ballot for the general election or the candidate is 
otherwise qualified to be on the ballot under State law.
    ``(c) Small Dollar Democracy Qualifying Period Defined.--The term 
`Small Dollar Democracy qualifying period' means, with respect to any 
candidate for an office, the 180-day period (during the election cycle 
for such office) which begins on the date on which the candidate files 
a statement of intent under section 511(a)(1), except that such period 
may not continue after the date that is 30 days before the date of the 
general election for the office.

``SEC. 512. QUALIFYING REQUIREMENTS.

    ``(a) Receipt of Qualified Small Dollar Contributions.--A candidate 
for the office of Representative in, or Delegate or Resident 
Commissioner to, the Congress meets the requirement of this section if, 
during the Small Dollar Democracy qualifying period described in 
section 511(c), each of the following occurs:
            ``(1) Not fewer than 1,000 individuals make a qualified 
        small dollar contribution to the candidate.
            ``(2) The candidate obtains a total dollar amount of 
        qualified small dollar contributions which is equal to or 
        greater than $50,000.
    ``(b) Requirements Relating to Receipt of Qualified Small Dollar 
Contribution.--Each qualified small dollar contribution--
            ``(1) may be made by means of a personal check, money 
        order, debit card, credit card, electronic payment account, or 
        any other method deemed appropriate by the Commission;
            ``(2) shall be accompanied by a signed statement (or, in 
        the case of a contribution made online or through other 
        electronic means, an electronic equivalent) containing the 
        contributor's name and address; and
            ``(3) shall be acknowledged by a receipt that is sent to 
        the contributor with a copy (in paper or electronic form) kept 
        by the candidate for the Commission.
    ``(c) Verification of Contributions.--The Commission shall 
establish procedures for the auditing and verification of the 
contributions received and expenditures made by participating 
candidates under this title, including procedures for random audits, to 
ensure that such contributions and expenditures meet the requirements 
of this title.

``SEC. 513. CERTIFICATION.

    ``(a) Deadline and Notification.--
            ``(1) In general.--Not later than 5 business days after a 
        candidate files an affidavit under section 511(a)(4), the 
        Commission shall--
                    ``(A) determine whether or not the candidate meets 
                the requirements for certification as a participating 
                candidate;
                    ``(B) if the Commission determines that the 
                candidate meets such requirements, certify the 
                candidate as a participating candidate; and
                    ``(C) notify the candidate of the Commission's 
                determination.
            ``(2) Deemed certification for all elections in election 
        cycle.--If the Commission certifies a candidate as a 
        participating candidate with respect to the first election of 
        the election cycle involved, the Commission shall be deemed to 
        have certified the candidate as a participating candidate with 
        respect to all subsequent elections of the election cycle.
    ``(b) Revocation of Certification.--
            ``(1) In general.--The Commission shall revoke a 
        certification under subsection (a) if--
                    ``(A) a candidate fails to qualify to appear on the 
                ballot at any time after the date of certification 
                (other than a candidate certified as a participating 
                candidate with respect to a primary election who fails 
                to qualify to appear on the ballot for a subsequent 
                election in that election cycle);
                    ``(B) a candidate ceases to be a candidate for the 
                office involved, as determined on the basis of an 
                official announcement by an authorized committee of the 
                candidate or on the basis of a reasonable determination 
                by the Commission; or
                    ``(C) a candidate otherwise fails to comply with 
                the requirements of this title, including any 
                regulatory requirements prescribed by the Commission.
            ``(2) Existence of criminal sanction.--The Commission shall 
        revoke a certification under subsection (a) if a penalty is 
        assessed against the candidate under section 309(d) with 
        respect to the election.
            ``(3) Effect of revocation.--If a candidate's certification 
        is revoked under this subsection--
                    ``(A) the candidate may not receive payments under 
                this title during the remainder of the election cycle 
                involved; and
                    ``(B) in the case of a candidate whose 
                certification is revoked pursuant to subparagraph (A) 
                or subparagraph (C) of paragraph (1)--
                            ``(i) the candidate shall repay to the 
                        Commission an amount equal to the payments 
                        received under this title with respect to the 
                        election cycle involved plus interest (at a 
                        rate determined by the Commission on the basis 
                        of an appropriate annual percentage rate for 
                        the month involved) on any such amount 
                        received, which shall be used by the Commission 
                        to supplement the allocation made to the 
                        Commission with respect to the State in which 
                        the candidate seeks office, as described in 
                        section 541(a); and
                            ``(ii) the candidate may not be certified 
                        as a participating candidate under this title 
                        with respect to the next election cycle.
            ``(4) Prohibiting participation in future elections for 
        candidates with multiple revocations.--If the Commission 
        revokes the certification of an individual as a participating 
        candidate under this title pursuant to subparagraph (A) or 
        subparagraph (C) of paragraph (1) a total of 3 times, the 
        individual may not be certified as a participating candidate 
        under this title with respect to any subsequent election.
    ``(c) Voluntary Withdrawal From Participating During Qualifying 
Period.--At any time during the Small Dollar Democracy qualifying 
period described in section 511(c), a candidate may withdraw from 
participation in the program under this title by submitting to the 
Commission a statement of withdrawal (without regard to whether or not 
the Commission has certified the candidate as a participating candidate 
under this title as of the time the candidate submits such statement), 
so long as the candidate has not submitted a request for payment under 
section 502.
    ``(d) Participating Candidate Defined.--In this title, a 
`participating candidate' means a candidate for the office of 
Representative in, or Delegate or Resident Commissioner to, the 
Congress who is certified under this section as eligible to receive 
benefits under this title.

 ``Subtitle C--Requirements for Candidates Certified as Participating 
                               Candidates

``SEC. 521. CONTRIBUTION AND EXPENDITURE REQUIREMENTS.

    ``(a) Permitted Sources of Contributions and Expenditures.--Except 
as provided in subsection (c), a participating candidate with respect 
to an election shall, with respect to all elections occurring during 
the election cycle for the office involved, accept no contributions 
from any source and make no expenditures from any amounts, other than 
the following:
            ``(1) Qualified small dollar contributions.
            ``(2) Payments under this title.
            ``(3) Contributions from political committees established 
        and maintained by a national or State political party, subject 
        to the applicable limitations of section 315.
            ``(4) Subject to subsection (b), personal funds of the 
        candidate or of any immediate family member of the candidate 
        (other than funds received through qualified small dollar 
        contributions).
            ``(5) Contributions from individuals who are otherwise 
        permitted to make contributions under this Act, subject to the 
        applicable limitations of section 315, except that the 
        aggregate amount of contributions a participating candidate may 
        accept from any individual with respect to any election during 
        the election cycle may not exceed $1,000.
            ``(6) Contributions from multicandidate political 
        committees, subject to the applicable limitations of section 
        315.
    ``(b) Special Rules for Personal Funds.--
            ``(1) Limit on amount.--A candidate who is certified as a 
        participating candidate may use personal funds (including 
        personal funds of any immediate family member of the candidate) 
        so long as--
                    ``(A) the aggregate amount used with respect to the 
                election cycle (including any period of the cycle 
                occurring prior to the candidate's certification as a 
                participating candidate) does not exceed $50,000; and
                    ``(B) the funds are used only for making direct 
                payments for the receipt of goods and services which 
                constitute authorized expenditures in connection with 
                the election cycle involved.
            ``(2) Immediate family member defined.--In this subsection, 
        the term `immediate family member' means, with respect to a 
        candidate--
                    ``(A) the candidate's spouse;
                    ``(B) a child, stepchild, parent, grandparent, 
                brother, half-brother, sister, or half-sister of the 
                candidate or the candidate's spouse; and
                    ``(C) the spouse of any person described in 
                subparagraph (B).
    ``(c) Exceptions.--
            ``(1) Exception for contributions received prior to filing 
        of statement of intent.--A candidate who has accepted 
        contributions that are not described in subsection (a) is not 
        in violation of subsection (a), but only if all such 
        contributions are--
                    ``(A) returned to the contributor;
                    ``(B) submitted to the Commission, to be used to 
                supplement the allocation made to the Commission with 
                respect to the State in which the candidate seeks 
                office, as described in section 541(a); or
                    ``(C) spent in accordance with paragraph (2).
            ``(2) Exception for expenditures made prior to filing of 
        statement of intent.--If a candidate has made expenditures 
        prior to the date the candidate files a statement of intent 
        under section 511(a)(1) that the candidate is prohibited from 
        making under subsection (a) or subsection (b), the candidate is 
        not in violation of such subsection if the aggregate amount of 
        the prohibited expenditures is less than the amount referred to 
        in section 512(a)(2) (relating to the total dollar amount of 
        qualified small dollar contributions which the candidate is 
        required to obtain) which is applicable to the candidate.
            ``(3) Exception for campaign surpluses from a previous 
        election.--Notwithstanding paragraph (1), unexpended 
        contributions received by the candidate or an authorized 
        committee of the candidate with respect to a previous election 
        may be retained, but only if the candidate places the funds in 
        escrow and refrains from raising additional funds for or 
        spending funds from that account during the election cycle in 
        which a candidate is a participating candidate.
            ``(4) Exception for contributions received before the 
        effective date of this title.--Contributions received and 
        expenditures made by the candidate or an authorized committee 
        of the candidate prior to the effective date of this title 
        shall not constitute a violation of subsection (a) or (b). 
        Unexpended contributions shall be treated the same as campaign 
        surpluses under paragraph (3), and expenditures made shall 
        count against the limit in paragraph (2).
    ``(d) Special Rule for Coordinated Party Expenditures.--For 
purposes of this section, a payment made by a political party in 
coordination with a participating candidate shall not be treated as a 
contribution to or as an expenditure made by the participating 
candidate.
    ``(e) Prohibition on Joint Fundraising Committees.--
            ``(1) Prohibition.--An authorized committee of a candidate 
        who is certified as a participating candidate under this title 
        with respect to an election may not establish a joint 
        fundraising committee with a political committee other than 
        another authorized committee of the candidate.
            ``(2) Status of existing committees for prior elections.--
        If a candidate established a joint fundraising committee 
        described in paragraph (1) with respect to a prior election for 
        which the candidate was not certified as a participating 
        candidate under this title and the candidate does not terminate 
        the committee, the candidate shall not be considered to be in 
        violation of paragraph (1) so long as that joint fundraising 
        committee does not receive any contributions or make any 
        disbursements during the election cycle for which the candidate 
        is certified as a participating candidate under this title.
    ``(f) Prohibition on Leadership PACs.--
            ``(1) Prohibition.--A candidate who is certified as a 
        participating candidate under this title with respect to an 
        election may not associate with, establish, finance, maintain, 
        or control a leadership PAC.
            ``(2) Status of existing leadership pacs.--If a candidate 
        established, financed, maintained, or controlled a leadership 
        PAC prior to being certified as a participating candidate under 
        this title and the candidate does not terminate the leadership 
        PAC, the candidate shall not be considered to be in violation 
        of paragraph (1) so long as the leadership PAC does not receive 
        any contributions or make any disbursements during the election 
        cycle for which the candidate is certified as a participating 
        candidate under this title.
            ``(3) Leadership pac defined.--In this subsection, the term 
        `leadership PAC' has the meaning given such term in section 
        304(i)(8)(B).

``SEC. 522. ADMINISTRATION OF CAMPAIGN.

    ``(a) Separate Accounting for Various Permitted Contributions.--
Each authorized committee of a candidate certified as a participating 
candidate under this title--
            ``(1) shall provide for separate accounting of each type of 
        contribution described in section 521(a) which is received by 
        the committee; and
            ``(2) shall provide for separate accounting for the 
        payments received under this title.
    ``(b) Enhanced Disclosure of Information on Donors.--
            ``(1) Mandatory identification of individuals making 
        qualified small dollar contributions.--Each authorized 
        committee of a participating candidate under this title shall, 
        in accordance with section 304(b)(3)(A), include in the reports 
        the committee submits under section 304 the identification of 
        each person who makes a qualified small dollar contribution to 
        the committee.
            ``(2) Mandatory disclosure through internet.--Each 
        authorized committee of a participating candidate under this 
        title shall ensure that all information reported to the 
        Commission under this Act with respect to contributions and 
        expenditures of the committee is available to the public on the 
        internet (whether through a site established for purposes of 
        this subsection, a hyperlink on another public site of the 
        committee, or a hyperlink on a report filed electronically with 
        the Commission) in a searchable, sortable, and downloadable 
        manner.

``SEC. 523. PREVENTING UNNECESSARY SPENDING OF PUBLIC FUNDS.

    ``(a) Mandatory Spending of Available Private Funds.--An authorized 
committee of a candidate certified as a participating candidate under 
this title may not make any expenditure of any payments received under 
this title in any amount unless the committee has made an expenditure 
in an equivalent amount of funds received by the committee which are 
described in paragraphs (1), (3), (4), (5), and (6) of section 521(a).
    ``(b) Limitation.--Subsection (a) applies to an authorized 
committee only to the extent that the funds referred to in such 
subsection are available to the committee at the time the committee 
makes an expenditure of a payment received under this title.

``SEC. 524. REMITTING UNSPENT FUNDS AFTER ELECTION.

    ``(a) Remittance Required.--Not later than the date that is 180 
days after the last election for which a candidate certified as a 
participating candidate qualifies to be on the ballot during the 
election cycle involved, such participating candidate shall remit to 
the Commission an amount equal to the balance of the payments received 
under this title by the authorized committees of the candidate which 
remain unexpended as of such date, which shall be used to supplement 
the allocation made to the Commission with respect to the State in 
which the candidate seeks office, as described in section 541(a).
    ``(b) Permitting Candidates Participating in Next Election Cycle To 
Retain Portion of Unspent Funds.--Notwithstanding subsection (a), a 
participating candidate may withhold not more than $100,000 from the 
amount required to be remitted under subsection (a) if the candidate 
files a signed affidavit with the Commission that the candidate will 
seek certification as a participating candidate with respect to the 
next election cycle, except that the candidate may not use any portion 
of the amount withheld until the candidate is certified as a 
participating candidate with respect to that next election cycle. If 
the candidate fails to seek certification as a participating candidate 
prior to the last day of the Small Dollar Democracy qualifying period 
for the next election cycle (as described in section 511), or if the 
Commission notifies the candidate of the Commission's determination 
does not meet the requirements for certification as a participating 
candidate with respect to such cycle, the candidate shall immediately 
remit to the Commission the amount withheld.

                  ``Subtitle D--Enhanced Match Support

``SEC. 531. ENHANCED SUPPORT FOR GENERAL ELECTION.

    ``(a) Availability of Enhanced Support.--In addition to the 
payments made under subtitle A, the Commission shall make an additional 
payment to an eligible candidate under this subtitle.
    ``(b) Use of Funds.--A candidate shall use the additional payment 
under this subtitle only for authorized expenditures in connection with 
the election involved.

``SEC. 532. ELIGIBILITY.

    ``(a) In General.--A candidate is eligible to receive an additional 
payment under this subtitle if the candidate meets each of the 
following requirements:
            ``(1) The candidate is on the ballot for the general 
        election for the office the candidate seeks.
            ``(2) The candidate is certified as a participating 
        candidate under this title with respect to the election.
            ``(3) During the enhanced support qualifying period, the 
        candidate receives qualified small dollar contributions in a 
        total amount of not less than $50,000.
            ``(4) During the enhanced support qualifying period, the 
        candidate submits to the Commission a request for the payment 
        which includes--
                    ``(A) a statement of the number and amount of 
                qualified small dollar contributions received by the 
                candidate during the enhanced support qualifying 
                period;
                    ``(B) a statement of the amount of the payment the 
                candidate anticipates receiving with respect to the 
                request; and
                    ``(C) such other information and assurances as the 
                Commission may require.
            ``(5) After submitting a request for the additional payment 
        under paragraph (4), the candidate does not submit any other 
        application for an additional payment under this subtitle.
    ``(b) Enhanced Support Qualifying Period Described.--In this 
subtitle, the term `enhanced support qualifying period' means, with 
respect to a general election, the period which begins 60 days before 
the date of the election and ends 14 days before the date of the 
election.

``SEC. 533. AMOUNT.

    ``(a) In General.--Subject to subsection (b), the amount of the 
additional payment made to an eligible candidate under this subtitle 
shall be an amount equal to 50 percent of--
            ``(1) the amount of the payment made to the candidate under 
        section 501(b) with respect to the qualified small dollar 
        contributions which are received by the candidate during the 
        enhanced support qualifying period (as included in the request 
        submitted by the candidate under section 532(a)(4)); or
            ``(2) in the case of a candidate who is not eligible to 
        receive a payment under section 501(b) with respect to such 
        qualified small dollar contributions because the candidate has 
        reached the limit on the aggregate amount of payments under 
        subtitle A for the election cycle under section 501(c), the 
        amount of the payment which would have been made to the 
        candidate under section 501(b) with respect to such qualified 
        small dollar contributions if the candidate had not reached 
        such limit.
    ``(b) Limit.--The amount of the additional payment determined under 
subsection (a) with respect to a candidate may not exceed $500,000.
    ``(c) No Effect on Aggregate Limit.--The amount of the additional 
payment made to a candidate under this subtitle shall not be included 
in determining the aggregate amount of payments made to a participating 
candidate with respect to an election cycle under section 501(c).

``SEC. 534. WAIVER OF AUTHORITY TO RETAIN PORTION OF UNSPENT FUNDS 
              AFTER ELECTION.

    ``Notwithstanding section 524(a)(2), a candidate who receives an 
additional payment under this subtitle with respect to an election is 
not permitted to withhold any portion from the amount of unspent funds 
the candidate is required to remit to the Commission under section 
524(a)(1).

                ``Subtitle E--Administrative Provisions

``SEC. 541. SOURCE OF PAYMENTS.

    ``(a) Allocations From State Election Assistance and Innovation 
Trust Fund.--The amounts used to make payments to participating 
candidates under this title who seek office in a State shall be derived 
from the allocations made to the Commission with respect to the State 
from the State Election Assistance and Innovation Trust Fund (hereafter 
referred to as the `Fund') under section 8012 of the Freedom to Vote 
Act, as provided under section 8005(c) of such Act.
    ``(b) Use of Allocations to Make Payments to Participating 
Candidates.--
            ``(1) Payments to participating candidates.--The 
        allocations made to the Commission as described in subsection 
        (a) shall be available without further appropriation or fiscal 
        year limitation to make payments to participating candidates as 
        provided in this title.
            ``(2) Mandatory reduction of payments in case of 
        insufficient amounts.--
                    ``(A) Advance audits by commission.--Not later than 
                90 days before the first day of each election cycle 
                (beginning with the first election cycle that begins 
                after the date of the enactment of this title), the 
                Commission, in consultation with the Director of the 
                Office of State Democracy Promotion, shall--
                            ``(i) audit the Fund to determine whether, 
                        after first making allocations for payments to 
                        States under section 8005(a) of the Freedom to 
                        Vote Act, and then making allocations to the 
                        Election Assistance Commission under section 
                        8005(b) of such Act, the amount of the 
                        allocation made to the Commission with respect 
                        to candidates who seek office in a State as 
                        described in subsection (a) will be sufficient 
                        to make payments to participating candidates in 
                        the State in the amounts provided in this title 
                        during such election cycle; and
                            ``(ii) submit a report to Congress 
                        describing the results of the audit.
                    ``(B) Reductions in amount of payments.--
                            ``(i) Automatic reduction on pro rata 
                        basis.--If, on the basis of the audit described 
                        in subparagraph (A), the Commission determines 
                        that the amount anticipated to be available in 
                        the Fund for payments to participating 
                        candidates in a State with respect to the 
                        election cycle involved is not, or may not be, 
                        sufficient to satisfy the full entitlements of 
                        participating candidates in the State to 
                        payments under this title for such election 
                        cycle, the Commission shall reduce each amount 
                        which would otherwise be paid to a 
                        participating candidate in the State under this 
                        title by such pro rata amount as may be 
                        necessary to ensure that the aggregate amount 
                        of payments anticipated to be made to 
                        participating candidates in the State with 
                        respect to the election cycle will not exceed 
                        the amount anticipated to be available for such 
                        payments with respect to such election cycle.
                            ``(ii) Restoration of reductions in case of 
                        availability of sufficient funds during 
                        election cycle.--If, after reducing the amounts 
                        paid to participating candidates in a State 
                        with respect to an election cycle under clause 
                        (i), the Commission determines that the 
                        allocation made to the Commission with respect 
                        to candidates in the State as described in 
                        subsection (a) is sufficient to restore the 
                        amount by which such payments were reduced (or 
                        any portion thereof), to the extent that such 
                        amounts are available, the Commission may make 
                        a payment on a pro rata basis to each such 
                        participating candidate with respect to the 
                        election cycle in the amount by which such 
                        candidate's payments were reduced under clause 
                        (i) (or any portion thereof, as the case may 
                        be).
                            ``(iii) No use of amounts from other 
                        sources.--In any case in which the Commission 
                        determines that the allocation made to the 
                        Commission with respect to candidates in a 
                        State as described in subsection (a) is 
                        insufficient to make payments to participating 
                        candidates in the State under this title, 
                        moneys shall not be made available from any 
                        other source for the purpose of making such 
                        payments.
    ``(c) Effective Date.--This section shall take effect on the date 
of the enactment of this title.

``SEC. 542. ADMINISTRATION THROUGH DEDICATED DIVISION WITHIN 
              COMMISSION.

    ``(a) Administration Through Dedicated Division.--
            ``(1) Establishment.--The Commission shall establish a 
        separate division within the Commission which is dedicated to 
        issuing regulations to carry out this title and to otherwise 
        carrying out the operation of this title.
            ``(2) Appointment of director and staff.--Not later than 
        June 1, 2022, the Commission shall appoint a director to head 
        the division established under this section and such other 
        staff as the Commission considers appropriate to enable the 
        division to carry out its duties.
            ``(3) Private right of action.--Any person aggrieved by the 
        failure of the Commission to meet the requirements of this 
        subsection may file an action in an appropriate district court 
        of the United States for such relief, including declaratory and 
        injunctive relief, as may be appropriate.
    ``(b) Regulations.--The Commission, acting through the dedicated 
division established under this section, shall prescribe regulations to 
carry out the purposes of this title, including regulations--
            ``(1) to establish procedures for verifying the amount of 
        qualified small dollar contributions with respect to a 
        candidate;
            ``(2) to establish procedures for effectively and 
        efficiently monitoring and enforcing the limits on the raising 
        of qualified small dollar contributions;
            ``(3) to establish procedures for effectively and 
        efficiently monitoring and enforcing the limits on the use of 
        personal funds by participating candidates;
            ``(4) to establish procedures for monitoring the use of 
        payments made from the allocation made to the Commission as 
        described in section 541(a) and matching contributions under 
        this title through audits of not fewer than \1/10\ (or, in the 
        case of the first 3 election cycles during which the program 
        under this title is in effect, not fewer than \1/3\) of all 
        participating candidates or other mechanisms; and
            ``(5) to establish rules for preventing fraud in the 
        operation of this title which supplement similar rules which 
        apply under this Act.

``SEC. 543. VIOLATIONS AND PENALTIES.

    ``(a) Civil Penalty for Violation of Contribution and Expenditure 
Requirements.--If a candidate who has been certified as a participating 
candidate accepts a contribution or makes an expenditure that is 
prohibited under section 521, the Commission may assess a civil penalty 
against the candidate in an amount that is not more than 3 times the 
amount of the contribution or expenditure. Any amounts collected under 
this subsection shall be used to supplement the allocation made to the 
Commission with respect to the State in which the candidate seeks 
office, as described in section 541(a).
    ``(b) Repayment for Improper Use of Payments.--
            ``(1) In general.--If the Commission determines that any 
        payment made to a participating candidate was not used as 
        provided for in this title or that a participating candidate 
        has violated any of the dates for remission of funds contained 
        in this title, the Commission shall so notify the candidate and 
        the candidate shall pay to the Commission an amount which shall 
        be used to supplement the allocation made to the Commission 
        with respect to the State in which the candidate seeks office, 
        as described in section 541(a) and which shall be equal to--
                    ``(A) the amount of payments so used or not 
                remitted, as appropriate; and
                    ``(B) interest on any such amounts (at a rate 
                determined by the Commission).
            ``(2) Other action not precluded.--Any action by the 
        Commission in accordance with this subsection shall not 
        preclude enforcement proceedings by the Commission in 
        accordance with section 309(a), including a referral by the 
        Commission to the Attorney General in the case of an apparent 
        knowing and willful violation of this title.
    ``(c) Prohibiting Certain Candidates From Qualifying as 
Participating Candidates.--
            ``(1) Candidates with multiple civil penalties.--If the 
        Commission assesses 3 or more civil penalties under subsection 
        (a) against a candidate (with respect to either a single 
        election or multiple elections), the Commission may refuse to 
        certify the candidate as a participating candidate under this 
        title with respect to any subsequent election, except that if 
        each of the penalties were assessed as the result of a knowing 
        and willful violation of any provision of this Act, the 
        candidate is not eligible to be certified as a participating 
        candidate under this title with respect to any subsequent 
        election.
            ``(2) Candidates subject to criminal penalty.--A candidate 
        is not eligible to be certified as a participating candidate 
        under this title with respect to an election if a penalty has 
        been assessed against the candidate under section 309(d) with 
        respect to any previous election.
    ``(d) Imposition of Criminal Penalties.--For criminal penalties for 
the failure of a participating candidate to comply with the 
requirements of this title, see section 309(d).

``SEC. 544. APPEALS PROCESS.

    ``(a) Review of Actions.--Any action by the Commission in carrying 
out this title shall be subject to review by the United States Court of 
Appeals for the District of Columbia upon petition filed in the Court 
not later than 30 days after the Commission takes the action for which 
the review is sought.
    ``(b) Procedures.--The provisions of chapter 7 of title 5, United 
States Code, apply to judicial review under this section.

``SEC. 545. INDEXING OF AMOUNTS.

    ``(a) Indexing.--In any calendar year after 2026, section 
315(c)(1)(B) shall apply to each amount described in subsection (b) in 
the same manner as such section applies to the limitations established 
under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such 
section, except that for purposes of applying such section to the 
amounts described in subsection (b), the `base period' shall be 2026.
    ``(b) Amounts Described.--The amounts described in this subsection 
are as follows:
            ``(1) The amount referred to in section 502(b)(1) (relating 
        to the minimum amount of qualified small dollar contributions 
        included in a request for payment).
            ``(2) The amounts referred to in section 504(a)(1) 
        (relating to the amount of a qualified small dollar 
        contribution).
            ``(3) The amount referred to in section 512(a)(2) (relating 
        to the total dollar amount of qualified small dollar 
        contributions).
            ``(4) The amount referred to in section 521(a)(5) (relating 
        to the aggregate amount of contributions a participating 
        candidate may accept from any individual with respect to an 
        election).
            ``(5) The amount referred to in section 521(b)(1)(A) 
        (relating to the amount of personal funds that may be used by a 
        candidate who is certified as a participating candidate).
            ``(6) The amounts referred to in section 524(a)(2) 
        (relating to the amount of unspent funds a candidate may retain 
        for use in the next election cycle).
            ``(7) The amount referred to in section 532(a)(3) (relating 
        to the total dollar amount of qualified small dollar 
        contributions for a candidate seeking an additional payment 
        under subtitle D).
            ``(8) The amount referred to in section 533(b) (relating to 
        the limit on the amount of an additional payment made to a 
        candidate under subtitle D).

``SEC. 546. ELECTION CYCLE DEFINED.

    ``In this title, the term `election cycle' means, with respect to 
an election for an office, the period beginning on the day after the 
date of the most recent general election for that office (or, if the 
general election resulted in a runoff election, the date of the runoff 
election) and ending on the date of the next general election for that 
office (or, if the general election resulted in a runoff election, the 
date of the runoff election).''.

SEC. 8112. CONTRIBUTIONS AND EXPENDITURES BY MULTICANDIDATE AND 
              POLITICAL PARTY COMMITTEES ON BEHALF OF PARTICIPATING 
              CANDIDATES.

    (a) Authorizing Contributions Only From Separate Accounts 
Consisting of Qualified Small Dollar Contributions.--Section 315(a) of 
the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)) is 
amended by adding at the end the following new paragraph:
    ``(10) In the case of a multicandidate political committee or any 
political committee of a political party, the committee may make a 
contribution to a candidate who is a participating candidate under 
title V with respect to an election only if the contribution is paid 
from a separate, segregated account of the committee which consists 
solely of contributions which meet the following requirements:
            ``(A) Each such contribution is in an amount which meets 
        the requirements for the amount of a qualified small dollar 
        contribution under section 504(a)(1) with respect to the 
        election involved.
            ``(B) Each such contribution is made by an individual who 
        is not otherwise prohibited from making a contribution under 
        this Act.
            ``(C) The individual who makes the contribution does not 
        make contributions to the committee during the year in an 
        aggregate amount that exceeds the limit described in section 
        504(a)(1).''.
    (b) Permitting Unlimited Coordinated Expenditures From Small Dollar 
Sources by Political Parties.--Section 315(d) of such Act (52 U.S.C. 
30116(d)) is amended--
            (1) in paragraph (3), by striking ``The national 
        committee'' and inserting ``Except as provided in paragraph 
        (6), the national committee''; and
            (2) by adding at the end the following new paragraph:
    ``(6) The limits described in paragraph (3) do not apply in the 
case of expenditures in connection with the general election campaign 
of a candidate for the office of Representative in, or Delegate or 
Resident Commissioner to, the Congress who is a participating candidate 
under title V with respect to the election, but only if--
            ``(A) the expenditures are paid from a separate, segregated 
        account of the committee which is described in subsection 
        (a)(10); and
            ``(B) the expenditures are the sole source of funding 
        provided by the committee to the candidate.''.

SEC. 8113. PROHIBITING USE OF CONTRIBUTIONS BY PARTICIPATING CANDIDATES 
              FOR PURPOSES OTHER THAN CAMPAIGN FOR ELECTION.

    Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30114) is amended by adding at the end the following new subsection:
    ``(d) Restrictions on Permitted Uses of Funds by Candidates 
Receiving Small Dollar Financing.--Notwithstanding paragraph (2), (3), 
or (4) of subsection (a), if a candidate for election for the office of 
Representative in, or Delegate or Resident Commissioner to, the 
Congress is certified as a participating candidate under title V with 
respect to the election, any contribution which the candidate is 
permitted to accept under such title may be used only for authorized 
expenditures in connection with the candidate's campaign for such 
office, subject to section 503(b).''.

SEC. 8114. DEADLINE FOR REGULATIONS.

    Not later than October 1, 2022, the Federal Election Commission 
shall promulgate such regulations as may be necessary to carry out this 
part and the amendments made by this part.

 Subtitle C--Personal Use Services as Authorized Campaign Expenditures

SEC. 8201. SHORT TITLE; FINDINGS; PURPOSE.

    (a) Short Title.--This subtitle may be cited as the ``Help America 
Run Act''.
    (b) Findings.--Congress finds the following:
            (1) Everyday Americans experience barriers to entry before 
        they can consider running for office to serve their 
        communities.
            (2) Current law states that campaign funds cannot be spent 
        on everyday expenses that would exist whether or not a 
        candidate were running for office, like childcare and food. 
        While the law seems neutral, its actual effect is to privilege 
        the independently wealthy who want to run, because given the 
        demands of running for office, candidates who must work to pay 
        for childcare or to afford health insurance are effectively 
        being left out of the process, even if they have sufficient 
        support to mount a viable campaign.
            (3) Thus current practice favors those prospective 
        candidates who do not need to rely on a regular paycheck to 
        make ends meet. The consequence is that everyday Americans who 
        have firsthand knowledge of the importance of stable childcare, 
        a safety net, or great public schools are less likely to get a 
        seat at the table. This governance by the few is antithetical 
        to the democratic experiment, but most importantly, when 
        lawmakers do not share the concerns of everyday Americans, 
        their policies reflect that.
            (4) These circumstances have contributed to a Congress that 
        does not always reflect everyday Americans. The New York Times 
        reported in 2019 that fewer than 5 percent of representatives 
        cite blue-collar or service jobs in their biographies. A 2015 
        survey by the Center for Responsive Politics showed that the 
        median net worth of lawmakers was just over $1 million in 2013, 
        or 18 times the wealth of the typical American household.
            (5) These circumstances have also contributed to a 
        governing body that does not reflect the nation it serves. For 
        instance, women are 51 percent of the American population. Yet 
        even with a record number of women serving in the One Hundred 
        Sixteenth Congress, the Pew Research Center notes that more 
        than three out of four Members of this Congress are male. The 
        Center for American Women And Politics found that one third of 
        women legislators surveyed had been actively discouraged from 
        running for office, often by political professionals. This type 
        of discouragement, combined with the prohibitions on using 
        campaign funds for domestic needs like childcare, burdens that 
        still fall disproportionately on American women, particularly 
        disadvantages working mothers. These barriers may explain why 
        only 10 women in history have given birth while serving in 
        Congress, in spite of the prevalence of working parents in 
        other professions. Yet working mothers and fathers are best 
        positioned to create policy that reflects the lived experience 
        of most Americans.
            (6) Working mothers, those caring for their elderly 
        parents, and young professionals who rely on their jobs for 
        health insurance should have the freedom to run to serve the 
        people of the United States. Their networks and net worth are 
        simply not the best indicators of their strength as prospective 
        public servants. In fact, helping ordinary Americans to run may 
        create better policy for all Americans.
    (c) Purpose.--It is the purpose of this subtitle to ensure that all 
Americans who are otherwise qualified to serve this Nation are able to 
run for office, regardless of their economic status. By expanding 
permissible uses of campaign funds and providing modest assurance that 
testing a run for office will not cost one's livelihood, the Help 
America Run Act will facilitate the candidacy of representatives who 
more accurately reflect the experiences, challenges, and ideals of 
everyday Americans.

SEC. 8202. TREATMENT OF PAYMENTS FOR CHILD CARE AND OTHER PERSONAL USE 
              SERVICES AS AUTHORIZED CAMPAIGN EXPENDITURE.

    (a) Personal Use Services as Authorized Campaign Expenditure.--
Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30114), as amended by section 8113, is amended by adding at the end the 
following new subsection:
    ``(e) Treatment of Payments for Child Care and Other Personal Use 
Services as Authorized Campaign Expenditure.--
            ``(1) Authorized expenditures.--For purposes of subsection 
        (a), the payment by an authorized committee of a candidate for 
        any of the personal use services described in paragraph (3) 
        shall be treated as an authorized expenditure if the services 
        are necessary to enable the participation of the candidate in 
        campaign-connected activities.
            ``(2) Limitations.--
                    ``(A) Limit on total amount of payments.--The total 
                amount of payments made by an authorized committee of a 
                candidate for personal use services described in 
                paragraph (3) may not exceed the limit which is 
                applicable under any law, rule, or regulation on the 
                amount of payments which may be made by the committee 
                for the salary of the candidate (without regard to 
                whether or not the committee makes payments to the 
                candidate for that purpose).
                    ``(B) Corresponding reduction in amount of salary 
                paid to candidate.--To the extent that an authorized 
                committee of a candidate makes payments for the salary 
                of the candidate, any limit on the amount of such 
                payments which is applicable under any law, rule, or 
                regulation shall be reduced by the amount of any 
                payments made to or on behalf of the candidate for 
                personal use services described in paragraph (3), other 
                than personal use services described in subparagraph 
                (D) of such paragraph.
                    ``(C) Exclusion of candidates who are 
                officeholders.--Paragraph (1) does not apply with 
                respect to an authorized committee of a candidate who 
                is a holder of Federal office.
            ``(3) Personal use services described.--The personal use 
        services described in this paragraph are as follows:
                    ``(A) Child care services.
                    ``(B) Elder care services.
                    ``(C) Services similar to the services described in 
                subparagraph (A) or subparagraph (B) which are provided 
                on behalf of any dependent who is a qualifying relative 
                under section 152 of the Internal Revenue Code of 1986.
                    ``(D) Health insurance premiums.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall take effect 
without regard to whether or not the Federal Election Commission has 
promulgated regulations to carry out such amendments.

             Subtitle D--Empowering Small Dollar Donations

SEC. 8301. PERMITTING POLITICAL PARTY COMMITTEES TO PROVIDE ENHANCED 
              SUPPORT FOR CANDIDATES THROUGH USE OF SEPARATE SMALL 
              DOLLAR ACCOUNTS.

    (a) Increase in Limit on Contributions to Candidates.--Section 
315(a)(2)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30116(a)(2)(A)) is amended by striking ``exceed $5,000'' and inserting 
``exceed $5,000 or, in the case of a contribution made by a national 
committee of a political party from an account described in paragraph 
(11), exceed $10,000''.
    (b) Elimination of Limit on Coordinated Expenditures.--Section 
315(d)(5) of such Act (52 U.S.C. 30116(d)(5)) is amended by striking 
``subsection (a)(9)'' and inserting ``subsection (a)(9) or subsection 
(a)(11)''.
    (c) Accounts Described.--Section 315(a) of such Act (52 U.S.C. 
30116(a)), as amended by section 8112(a), is amended by adding at the 
end the following new paragraph:
    ``(11) An account described in this paragraph is a separate, 
segregated account of a national committee of a political party 
(including a national congressional campaign committee of a political 
party) consisting exclusively of contributions made during a calendar 
year by individuals whose aggregate contributions to the committee 
during the year do not exceed $200.''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to elections held on or after the date of the 
enactment of this Act and shall take effect without regard to whether 
or not the Federal Election Commission has promulgated regulations to 
carry out such amendments.

                        Subtitle E--Severability

SEC. 8401. SEVERABILITY.

    If any provision of this title or amendment made by this title, or 
the application of a provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remainder of this 
title and amendments made by this title, and the application of the 
provisions and amendment to any person or circumstance, shall not be 
affected by the holding.
                                                       Calendar No. 125

117th CONGRESS

  1st Session

                                S. 2747

_______________________________________________________________________

                                 A BILL

To expand Americans' access to the ballot box and reduce the influence 
           of big money in politics, and for other purposes.

_______________________________________________________________________

                           September 15, 2021

            Read the second time and placed on the calendar