redistricting plan shall be found to be in violation of
paragraph (1) because of partisan bias attributable to the
application of the criteria set forth in paragraphs (1), (2),
or (3) of subsection (a), unless one or more alternative plans
could have complied with such paragraphs without having the
effect of unduly favoring or disfavoring a political party.
(c) Factors Prohibited From Consideration.--In developing the
redistricting plan for the State, the independent redistricting
commission may not take into consideration any of the following
factors, except to the extent necessary to comply with the criteria
described in paragraphs (1) through (3) of subsection (a), subsection
(b), and to enable the redistricting plan to be measured against the
external metrics described in section 2413(d):
(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.
(d) Applicability.--This section applies to any authority, whether
appointed, elected, judicial, or otherwise, that designs or enacts a
congressional redistricting plan of a State.
(e) 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.
PART 2--INDEPENDENT REDISTRICTING COMMISSIONS
SEC. 2411. INDEPENDENT REDISTRICTING COMMISSION.
(a) Appointment of Members.--
(1) In general.--The nonpartisan agency established or
designated by a State under section 2414(a) shall establish an
independent redistricting commission for the State, which shall
consist of 15 members appointed by the agency as follows:
(A) Not later than October 1 of a year ending in
the numeral zero, the agency shall, at a public meeting
held not earlier than 15 days after notice of the
meeting has been given to the public, first appoint 6
members as follows:
(i) The agency shall appoint 2 members on a
random basis from the majority category of the
approved selection pool (as described in
section 2412(b)(1)(A)).
(ii) The agency shall appoint 2 members on
a random basis from the minority category of
the approved selection pool (as described in
section 2412(b)(1)(B)).
(iii) The agency shall appoint 2 members on
a random basis from the independent category of
the approved selection pool (as described in
section 2412(b)(1)(C)).
(B) Not later than November 15 of a year ending in
the numeral zero, the members appointed by the agency
under subparagraph (A) shall, at a public meeting held
not earlier than 15 days after notice of the meeting
has been given to the public, then appoint 9 members as
follows:
(i) The members shall appoint 3 members
from the majority category of the approved
selection pool (as described in section
2412(b)(1)(A)).
(ii) The members shall appoint 3 members
from the minority category of the approved
selection pool (as described in section
2412(b)(1)(B)).
(iii) The members shall appoint 3 members
from the independent category of the approved
selection pool (as described in section
2412(b)(1)(C)).
(2) Rules for appointment of members appointed by first
members.--
(A) Affirmative vote of at least 4 members.--The
appointment of any of the 9 members of the independent
redistricting commission who are appointed by the first
members of the commission pursuant to subparagraph (B)
of paragraph (1), as well as the designation of
alternates for such members pursuant to subparagraph
(B) of paragraph (3) and the appointment of alternates
to fill vacancies pursuant to subparagraph (B) of
paragraph (4), shall require the affirmative vote of at
least 4 of the members appointed by the nonpartisan
agency under subparagraph (A) of paragraph (1),
including at least one member from each of the
categories referred to in such subparagraph.
(B) Ensuring diversity.--In appointing the 9
members pursuant to subparagraph (B) of paragraph (1),
as well as in designating alternates pursuant to
subparagraph (B) of paragraph (3) and in appointing
alternates to fill vacancies pursuant to subparagraph
(B) of paragraph (4), the first members of the
independent redistricting commission shall ensure that
the membership is representative of the demographic
groups (including racial, ethnic, economic, and gender)
and geographic regions of the State, and provides
racial, ethnic, and language minorities protected under
the Voting Rights Act of 1965 with a meaningful
opportunity to participate in the development of the
State's redistricting plan.
(3) Designation of alternates to serve in case of
vacancies.--
(A) Members appointed by agency.--At the time the
agency appoints the members of the independent
redistricting commission under subparagraph (A) of
paragraph (1) from each of the categories referred to
in such subparagraph, the agency shall, on a random
basis, designate 2 other individuals from such category
to serve as alternate members who may be appointed to
fill vacancies in the commission in accordance with
paragraph (4).
(B) Members appointed by first members.--At the
time the members appointed by the agency appoint the
other members of the independent redistricting
commission under subparagraph (B) of paragraph (1) from
each of the categories referred to in such
subparagraph, the members shall, in accordance with the
special rules described in paragraph (2), designate 2
other individuals from such category to serve as
alternate members who may be appointed to fill
vacancies in the commission in accordance with
paragraph (4).
(4) Appointment of alternates to serve in case of
vacancies.--
(A) Members appointed by agency.--If a vacancy
occurs in the commission with respect to a member who
was appointed by the nonpartisan agency under
subparagraph (A) of paragraph (1) from one of the
categories referred to in such subparagraph, the agency
shall fill the vacancy by appointing, on a random
basis, one of the 2 alternates from such category who
was designated under subparagraph (A) of paragraph (3).
At the time the agency appoints an alternate to fill a
vacancy under the previous sentence, the agency shall
designate, on a random basis, another individual from
the same category to serve as an alternate member, in
accordance with subparagraph (A) of paragraph (3).
(B) Members appointed by first members.--If a
vacancy occurs in the commission with respect to a
member who was appointed by the first members of the
commission under subparagraph (B) of paragraph (1) from
one of the categories referred to in such subparagraph,
the first members shall, in accordance with the special
rules described in paragraph (2), fill the vacancy by
appointing one of the 2 alternates from such category
who was designated under subparagraph (B) of paragraph
(3). At the time the first members appoint an alternate
to fill a vacancy under the previous sentence, the
first members shall, in accordance with the special
rules described in paragraph (2), designate another
individual from the same category to serve as an
alternate member, in accordance with subparagraph (B)
of paragraph (3).
(5) Removal.--A member of the independent redistricting
commission may be removed by a majority vote of the remaining
members of the commission if it is shown by a preponderance of
the evidence that the member is not eligible to serve on the
commission under section 2412(a).
(b) Procedures for Conducting Commission Business.--
(1) Chair.--Members of an independent redistricting
commission established under this section shall select by
majority vote one member who was appointed from the independent
category of the approved selection pool described in section
2412(b)(1)(C) to serve as chair of the commission. The
commission may not take any action to develop a redistricting
plan for the State under section 2413 until the appointment of
the commission's chair.
(2) Requiring majority approval for actions.--The
independent redistricting commission of a State may not publish
and disseminate any draft or final redistricting plan, or take
any other action, without the approval of at least--
(A) a majority of the whole membership of the
commission; and
(B) at least one member of the commission appointed
from each of the categories of the approved selection
pool described in section 2412(b)(1).
(3) Quorum.--A majority of the members of the commission
shall constitute a quorum.
(c) Staff; Contractors.--
(1) Staff.--Under a public application process in which all
application materials are available for public inspection, the
independent redistricting commission of a State shall appoint
and set the pay of technical experts, legal counsel,
consultants, and such other staff as it considers appropriate,
subject to State law.
(2) Contractors.--The independent redistricting commission
of a State may enter into such contracts with vendors as it
considers appropriate, subject to State law, except that any
such contract shall be valid only if approved by the vote of a
majority of the members of the commission, including at least
one member appointed from each of the categories of the
approved selection pool described in section 2412(b)(1).
(3) Reports on expenditures for political activity.--
(A) Report by applicants.--Each individual who
applies for a position as an employee of the
independent redistricting commission and each vendor
who applies for a contract with the commission shall,
at the time of applying, file with the commission a
report summarizing--
(i) any expenditure for political activity
made by such individual or vendor during the 10
most recent calendar years; and
(ii) any income received by such individual
or vendor during the 10 most recent calendar
years which is attributable to an expenditure
for political activity.
(B) Annual reports by employees and vendors.--Each
person who is an employee or vendor of the independent
redistricting commission shall, not later than 1 year
after the person is appointed as an employee or enters
into a contract as a vendor (as the case may be) and
annually thereafter for each year during which the
person serves as an employee or a vendor, file with the
commission a report summarizing the expenditures and
income described in subparagraph (A) during the 10 most
recent calendar years.
(C) Expenditure for political activity defined.--In
this paragraph, the term ``expenditure for political
activity'' means a disbursement for any of the
following:
(i) An independent expenditure, as defined
in section 301(17) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101(17)).
(ii) An electioneering communication, as
defined in section 304(f)(3) of such Act (52
U.S.C. 30104(f)(3)) or any other public
communication, as defined in section 301(22) of
such Act (52 U.S.C. 30101(22)) that would be an
electioneering communication if it were a
broadcast, cable, or satellite communication.
(iii) Any dues or other payments to trade
associations or organizations described in
section 501(c) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a)
of such Code that are, or could reasonably be
anticipated to be, used or transferred to
another association or organization for a use
described in paragraph (1), (2), or (4) of
section 501(c) of such Code.
(4) Goal of impartiality.--The commission shall take such
steps as it considers appropriate to ensure that any staff
appointed under this subsection, and any vendor with whom the
commission enters into a contract under this subsection, will
work in an impartial manner, and may require any person who
applies for an appointment to a staff position or for a
vendor's contract with the commission to provide information on
the person's history of political activity beyond the
information on the person's expenditures for political activity
provided in the reports required under paragraph (3) (including
donations to candidates, political committees, and political
parties) as a condition of the appointment or the contract.
(5) Disqualification; waiver.--
(A) In general.--The independent redistricting
commission may not appoint an individual as an
employee, and may not enter into a contract with a
vendor, if the individual or vendor meets any of the
criteria for the disqualification of an individual from
serving as a member of the commission which are set
forth in section 2412(a)(2).
(B) Waiver.--The commission may by unanimous vote
of its members waive the application of subparagraph
(A) to an individual or a vendor after receiving and
reviewing the report filed by the individual or vendor
under paragraph (3).
(d) Termination.--
(1) In general.--The independent redistricting commission
of a State shall terminate on the earlier of--
(A) June 14 of the next year ending in the numeral
zero; or
(B) the day on which the nonpartisan agency
established or designated by a State under section
2414(a) has, in accordance with section 2412(b)(1),
submitted a selection pool to the Select Committee on
Redistricting for the State established under section
2414(b).
(2) Preservation of records.--The State shall ensure that
the records of the independent redistricting commission are
retained in the appropriate State archive in such manner as may
be necessary to enable the State to respond to any civil action
brought with respect to congressional redistricting in the
State.
SEC. 2412. ESTABLISHMENT OF SELECTION POOL OF INDIVIDUALS ELIGIBLE TO
SERVE AS MEMBERS OF COMMISSION.
(a) Criteria for Eligibility.--
(1) In general.--An individual is eligible to serve as a
member of an independent redistricting commission if the
individual meets each of the following criteria:
(A) As of the date of appointment, the individual
is registered to vote in elections for Federal office
held in the State.
(B) During the 3-year period ending on the date of
the individual's appointment, the individual has been
continuously registered to vote with the same political
party, or has not been registered to vote with any
political party.
(C) The individual submits to the nonpartisan
agency established or designated by a State under
section 2413, at such time and in such form as the
agency may require, an application for inclusion in the
selection pool under this section, and includes with
the application a written statement, with an
attestation under penalty of perjury, containing the
following information and assurances:
(i) The full current name and any former
names of, and the contact information for, the
individual, including an electronic mail
address, the address of the individual's
residence, mailing address, and telephone
numbers.
(ii) The individual's race, ethnicity,
gender, age, date of birth, and household
income for the most recent taxable year.
(iii) The political party with which the
individual is affiliated, if any.
(iv) The reason or reasons the individual
desires to serve on the independent
redistricting commission, the individual's
qualifications, and information relevant to the
ability of the individual to be fair and
impartial, including, but not limited to--
(I) any involvement with, or
financial support of, professional,
social, political, religious, or
community organizations or causes;
(II) the individual's employment
and educational history.
(v) An assurance that the individual shall
commit to carrying out the individual's duties
under this subtitle in an honest, independent,
and impartial fashion, and to upholding public
confidence in the integrity of the
redistricting process.
(vi) An assurance that, during the covered
periods described in paragraph (3), the
individual has not taken and will not take any
action which would disqualify the individual
from serving as a member of the commission
under paragraph (2).
(2) Disqualifications.--An individual is not eligible to
serve as a member of the commission if any of the following
applies during any of the covered periods described in
paragraph (3):
(A) The individual or (in the case of the covered
periods described in subparagraphs (A) and (B) of
paragraph (3)) an immediate family member of the
individual holds public office or is a candidate for
election for public office.
(B) The individual or (in the case of the covered
periods described in subparagraphs (A) and (B) of
paragraph (3)) an immediate family member of the
individual serves as an officer of a political party or
as an officer, employee, or paid consultant of a
campaign committee of a candidate for public office or
of any political action committee (as determined in
accordance with the law of the State).
(C) The individual or (in the case of the covered
periods described in subparagraphs (A) and (B) of
paragraph (3)) an immediate family member of the
individual holds a position as a registered lobbyist
under the Lobbying Disclosure Act of 1995 (2 U.S.C.
1601 et seq.) or an equivalent State or local law.
(D) The individual or (in the case of the covered
periods described in subparagraphs (A) and (B) of
paragraph (3)) an immediate family member of the
individual is an employee of an elected public
official, a contractor with the government of the
State, or a donor to the campaign of any candidate for
public office or to any political action committee
(other than a donor who, during any of such covered
periods, gives an aggregate amount of $1,000 or less to
the campaigns of all candidates for all public offices
and to all political action committees).
(E) The individual paid a civil money penalty or
criminal fine, or was sentenced to a term of
imprisonment, for violating any provision of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101
et seq.).
(F) The individual or (in the case of the covered
periods described in subparagraphs (A) and (B) of
paragraph (3)) an immediate family member of the
individual is an agent of a foreign principal under the
Foreign Agents Registration Act of 1938, as amended (22
U.S.C. 611 et seq.).
(3) Covered periods described.--In this subsection, the
term ``covered period'' means, with respect to the appointment
of an individual to the commission, any of the following:
(A) The 10-year period ending on the date of the
individual's appointment.
(B) The period beginning on the date of the
individual's appointment and ending on August 14 of the
next year ending in the numeral one.
(C) The 10-year period beginning on the day after
the last day of the period described in subparagraph
(B).
(4) Immediate family member defined.--In this subsection,
the term ``immediate family member'' means, with respect to an
individual, a father, stepfather, mother, stepmother, son,
stepson, daughter, stepdaughter, brother, stepbrother, sister,
stepsister, husband, wife, father-in-law, or mother-in-law.
(b) Development and Submission of Selection Pool.--
(1) In general.--Not later than June 15 of each year ending
in the numeral zero, the nonpartisan agency established or
designated by a State under section 2414(a) shall develop and
submit to the Select Committee on Redistricting for the State
established under section 2414(b) a selection pool of 36
individuals who are eligible to serve as members of the
independent redistricting commission of the State under this
subtitle, consisting of individuals in the following
categories:
(A) A majority category, consisting of 12
individuals who are affiliated with the political party
whose candidate received the most votes in the most
recent statewide election for Federal office held in
the State.
(B) A minority category, consisting of 12
individuals who are 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.
(C) An independent category, consisting of 12
individuals who are not affiliated with either of the
political parties described in subparagraph (A) or
subparagraph (B).
(2) Factors taken into account in developing pool.--In
selecting individuals for the selection pool under this
subsection, the nonpartisan agency shall--
(A) ensure that the pool is representative of the
demographic groups (including racial, ethnic, economic,
and gender) and geographic regions of the State, and
includes applicants who would allow racial, ethnic, and
language minorities protected under the Voting Rights
Act of 1965 a meaningful opportunity to participate in
the development of the State's redistricting plan; and
(B) take into consideration the analytical skills
of the individuals selected in relevant fields
(including mapping, data management, law, community
outreach, demography, and the geography of the State)
and their ability to work on an impartial basis.
(3) Interviews of applicants.--To assist the nonpartisan
agency in developing the selection pool under this subsection,
the nonpartisan agency shall conduct interviews of applicants
under oath. If an individual is included in a selection pool
developed under this section, all of the interviews of the
individual shall be transcribed and the transcriptions made
available on the nonpartisan agency's website contemporaneously
with release of the report under paragraph (6).
(4) Determination of political party affiliation of
individuals in selection pool.--For purposes of this section,
an individual shall be considered to be affiliated with a
political party only if the nonpartisan agency is able to
verify (to the greatest extent possible) the information the
individual provides in the application submitted under
subsection (a)(1)(D), including by considering additional
information provided by other persons with knowledge of the
individual's history of political activity.
(5) Encouraging residents to apply for inclusion in pool.--
The nonpartisan agency shall take such steps as may be
necessary to ensure that residents of the State across various
geographic regions and demographic groups are aware of the
opportunity to serve on the independent redistricting
commission, including publicizing the role of the panel and
using newspapers, broadcast media, and online sources,
including ethnic media, to encourage individuals to apply for
inclusion in the selection pool developed under this
subsection.
(6) Report on establishment of selection pool.--At the time
the nonpartisan agency submits the selection pool to the Select
Committee on Redistricting under paragraph (1), it shall
publish and post on the agency's public website a report
describing the process by which the pool was developed, and
shall include in the report a description of how the
individuals in the pool meet the eligibility criteria of
subsection (a) and of how the pool reflects the factors the
agency is required to take into consideration under paragraph
(2).
(7) Public comment on selection pool.--During the 14-day
period which begins on the date the nonpartisan agency
publishes the report under paragraph (6), the agency shall
accept comments from the public on the individuals included in
the selection pool. The agency shall post all such comments
contemporaneously on the nonpartisan agency's website and shall
transmit them to the Select Committee on Redistricting
immediately upon the expiration of such period.
(8) Action by select committee.--
(A) In general.--Not earlier than 15 days and not
later than 21 days after receiving the selection pool
from the nonpartisan agency under paragraph (1), the
Select Committee on Redistricting shall, by majority
vote--
(i) approve the pool as submitted by the
nonpartisan agency, in which case the pool
shall be considered the approved selection pool
for purposes of section 2411(a)(1); or
(ii) reject the pool, in which case the
nonpartisan agency shall develop and submit a
replacement selection pool in accordance with
subsection (c).
(B) Inaction deemed rejection.--If the Select
Committee on Redistricting fails to approve or reject
the pool within the deadline set forth in subparagraph
(A), the Select Committee shall be deemed to have
rejected the pool for purposes of such subparagraph.
(c) Development of Replacement Selection Pool.--
(1) In general.--If the Select Committee on Redistricting
rejects the selection pool submitted by the nonpartisan agency
under subsection (b), not later than 14 days after the
rejection, the nonpartisan agency shall develop and submit to
the Select Committee a replacement selection pool, under the
same terms and conditions that applied to the development and
submission of the selection pool under paragraphs (1) through
(7) of subsection (b). The replacement pool submitted under
this paragraph may include individuals who were included in the
rejected selection pool submitted under subsection (b), so long
as at least one of the individuals in the replacement pool was
not included in such rejected pool.
(2) Action by select committee.--
(A) In general.--Not later than 21 days after
receiving the replacement selection pool from the
nonpartisan agency under paragraph (1), the Select
Committee on Redistricting shall, by majority vote--
(i) approve the pool as submitted by the
nonpartisan agency, in which case the pool
shall be considered the approved selection pool
for purposes of section 2411(a)(1); or
(ii) reject the pool, in which case the
nonpartisan agency shall develop and submit a
second replacement selection pool in accordance
with subsection (d).
(B) Inaction deemed rejection.--If the Select
Committee on Redistricting fails to approve or reject
the pool within the deadline set forth in subparagraph
(A), the Select Committee shall be deemed to have
rejected the pool for purposes of such subparagraph.
(d) Development of Second Replacement Selection Pool.--
(1) In general.--If the Select Committee on Redistricting
rejects the replacement selection pool submitted by the
nonpartisan agency under subsection (c), not later than 14 days
after the rejection, the nonpartisan agency shall develop and
submit to the Select Committee a second replacement selection
pool, under the same terms and conditions that applied to the
development and submission of the selection pool under
paragraphs (1) through (7) of subsection (b). The second
replacement selection pool submitted under this paragraph may
include individuals who were included in the rejected selection
pool submitted under subsection (b) or the rejected replacement
selection pool submitted under subsection (c), so long as at
least one of the individuals in the replacement pool was not
included in either such rejected pool.
(2) Action by select committee.--
(A) In general.--Not earlier than 15 days and not
later than 14 days after receiving the second
replacement selection pool from the nonpartisan agency
under paragraph (1), the Select Committee on
Redistricting shall, by majority vote--
(i) approve the pool as submitted by the
nonpartisan agency, in which case the pool
shall be considered the approved selection pool
for purposes of section 2411(a)(1); or
(ii) reject the pool.
(B) Inaction deemed rejection.--If the Select
Committee on Redistricting fails to approve or reject
the pool within the deadline set forth in subparagraph
(A), the Select Committee shall be deemed to have
rejected the pool for purposes of such subparagraph.
(C) Effect of rejection.--If the Select Committee
on Redistricting rejects the second replacement pool
from the nonpartisan agency under paragraph (1), the
redistricting plan for the State shall be developed and
enacted in accordance with part 3.
SEC. 2413. PUBLIC NOTICE AND INPUT.
(a) Public Notice and Input.--
(1) Use of open and transparent process.--The independent
redistricting commission of a State shall hold each of its
meetings in public, shall solicit and take into consideration
comments from the public, including proposed maps, throughout
the process of developing the redistricting plan for the State,
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 commission 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) General information on the commission,
its role in the redistricting process, and its
members, including contact information.
(ii) An updated schedule of commission
hearings and activities, including deadlines
for the submission of comments.
(iii) All draft redistricting plans
developed by the commission under subsection
(b) and the final redistricting plan developed
under subsection (c), including the
accompanying written evaluation under
subsection (d).
(iv) All comments received from the public
on the commission's activities, including any
proposed maps submitted under paragraph (1).
(v) Live streaming of commission hearings
and an archive of previous meetings, including
any documents considered at any such meeting,
which the commission shall post not later than
24 hours after the conclusion of the meeting.
(vi) Access in an easily useable format to
the demographic and other data used by the
commission to develop and analyze the proposed
redistricting plans, together with access to
any software used to draw maps of proposed
districts and to any reports analyzing and
evaluating any such maps.
(vii) A method by which members of the
public may submit comments and proposed maps
directly to the commission.
(viii) All records of the commission,
including all communications to or from
members, employees, and contractors regarding
the work of the commission.
(ix) A list of all contractors receiving
payment from the commission, together with the
annual disclosures submitted by the contractors
under section 2411(c)(3).
(x) A list of the names of all individuals
who submitted applications to serve on the
commission, together with the applications
submitted by individuals included in any
selection pool, except that the commission may
redact from such applications any financial or
other personally sensitive information.
(B) Searchable format.--The commission 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.
(C) Deadline.--The commission shall ensure that the
public internet site under this paragraph is
operational (in at least a preliminary format) not
later than January 1 of the year ending in the numeral
one.
(3) Public comment period.--The commission shall solicit,
accept, and consider comments from the public with respect to
its duties, activities, and procedures at any time during the
period--
(A) which begins on January 1 of the year ending in
the numeral one; and
(B) which ends 7 days before the date of the
meeting at which the commission shall vote on approving
the final redistricting plan for enactment into law
under subsection (c)(2).
(4) Meetings and hearings in various geographic
locations.--To the greatest extent practicable, the commission
shall hold its meetings and hearings in various geographic
regions and locations throughout the State.
(5) Multiple language requirements for all notices.--The
commission 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.
(b) Development and Publication of Preliminary Redistricting
Plan.--
(1) In general.--Prior to developing and publishing a final
redistricting plan under subsection (c), the independent
redistricting commission of a State shall develop and publish a
preliminary redistricting plan.
(2) Minimum public hearings and opportunity for comment
prior to development.--
(A) 3 hearings required.--Prior to developing a
preliminary redistricting plan under this subsection,
the commission shall hold not fewer than 3 public
hearings at which members of the public may provide
input and comments regarding the potential contents of
redistricting plans for the State and the process by
which the commission will develop the preliminary plan
under this subsection.
(B) Minimum period for notice prior to hearings.--
Not fewer than 14 days prior to the date of each
hearing held under this paragraph, the commission shall
post notices of the hearing in on the website
maintained under subsection (a)(2), and shall provide
for the publication of such notices in newspapers of
general circulation throughout the State. Each such
notice shall specify the date, time, and location of
the hearing.
(C) Submission of plans and maps by members of the
public.--Any member of the public may submit maps or
portions of maps for consideration by the commission.
As provided under subsection (a)(2)(A), any such map
shall be made publicly available on the commission's
website and open to comment.
(3) Publication of preliminary plan.--
(A) In general.--The commission shall post the
preliminary redistricting plan developed under this
subsection, together with a report that includes the
commission's responses to any public comments received
under subsection (a)(3), on the website maintained
under subsection (a)(2), and shall provide for the
publication of each such plan in newspapers of general
circulation throughout the State.
(B) Minimum period for notice prior to
publication.--Not fewer than 14 days prior to the date
on which the commission posts and publishes the
preliminary plan under this paragraph, the commission
shall notify the public through the website maintained
under subsection (a)(2), as well as through publication
of notice in newspapers of general circulation
throughout the State, of the pending publication of the
plan.
(4) Minimum post-publication period for public comment.--
The commission shall accept and consider comments from the
public (including through the website maintained under
subsection (a)(2)) with respect to the preliminary
redistricting plan published under paragraph (3), including
proposed revisions to maps, for not fewer than 30 days after
the date on which the plan is published.
(5) Post-publication hearings.--
(A) 3 hearings required.--After posting and
publishing the preliminary redistricting plan under
paragraph (3), the commission shall hold not fewer than
3 public hearings in different geographic areas of the
State at which members of the public may provide input
and comments regarding the preliminary plan.
(B) Minimum period for notice prior to hearings.--
Not fewer than 14 days prior to the date of each
hearing held under this paragraph, the commission shall
post notices of the hearing in on the website
maintained under subsection (a)(2), and shall provide
for the publication of such notices in newspapers of
general circulation throughout the State. Each such
notice shall specify the date, time, and location of
the hearing.
(6) Permitting multiple preliminary plans.--At the option
of the commission, after developing and publishing the
preliminary redistricting plan under this subsection, the
commission may develop and publish subsequent preliminary
redistricting plans, so long as the process for the development
and publication of each such subsequent plan meets the
requirements set forth in this subsection for the development
and publication of the first preliminary redistricting plan.
(c) Process for Enactment of Final Redistricting Plan.--
(1) In general.--After taking into consideration comments
from the public on any preliminary redistricting plan developed
and published under subsection (b), the independent
redistricting commission of a State shall develop and publish a
final redistricting plan for the State.
(2) Meeting; final vote.--Not later than the deadline
specified in subsection (e), the commission shall hold a public
hearing at which the members of the commission shall vote on
approving the final plan for enactment into law.
(3) Publication of plan and accompanying materials.--Not
fewer than 14 days before the date of the meeting under
paragraph (2), the commission shall provide the following
information to the public through the website maintained under
subsection (a)(2), as well as through newspapers of general
circulation throughout the State:
(A) The final redistricting plan, including all
relevant maps.
(B) A report by the commission to accompany the
plan which provides the background for the plan and the
commission's reasons for selecting the plan as the
final redistricting plan, including responses to the
public comments received on any preliminary
redistricting plan developed and published under
subsection (b).
(C) Any dissenting or additional views with respect
to the plan of individual members of the commission.
(4) Enactment.--Subject to paragraph (5), the final
redistricting plan developed and published under this
subsection shall be deemed to be enacted into law upon the
expiration of the 45-day period which begins on the date on
which--
(A) such final plan is approved by a majority of
the whole membership of the commission; and
(B) at least one member of the commission appointed
from each of the categories of the approved selection
pool described in section 2412(b)(1) approves such
final plan.
(5) Review by department of justice.--
(A) Requiring submission of plan for review.--The
final redistricting plan shall not be deemed to be
enacted into law unless the State submits the plan to
the Department of Justice for an administrative review
to determine if the plan is in compliance with the
criteria described in subparagraphs (B) and (C) of
section 2413(a)(1).
(B) Termination of review.--The Department of
Justice shall terminate any administrative review under
subparagraph (A) if, during the 45-day period which
begins on the date the plan is enacted into law, an
action is filed in a United States district court
alleging that the plan is not in compliance with the
criteria described in subparagraphs (B) and (C) of
section 2413(a)(1).
(d) Written Evaluation of Plan Against External Metrics.--The
independent redistricting commission shall include with each
redistricting plan developed and published under this section a written
evaluation that measures each such plan against external metrics which
cover the criteria set forth in section 2403(a), including the impact
of the plan on the ability of communities of color to elect candidates
of choice, measures of partisan fairness using multiple accepted
methodologies, and the degree to which the plan preserves or divides
communities of interest.
(e) Timing.--The independent redistricting commission of a State
may begin its work on the redistricting plan of the State upon receipt
of relevant population information from the Bureau of the Census, and
shall approve a final redistricting plan for the State in each year
ending in the numeral one not later than 8 months after the date on
which the State receives the State apportionment notice or October 1,
whichever occurs later.
SEC. 2414. ESTABLISHMENT OF RELATED ENTITIES.
(a) Establishment or Designation of Nonpartisan Agency of State
Legislature.--
(1) In general.--Each State shall establish a nonpartisan
agency in the legislative branch of the State government to
appoint the members of the independent redistricting commission
for the State in accordance with section 2411.
(2) Nonpartisanship described.--For purposes of this
subsection, an agency shall be considered to be nonpartisan if
under law the agency--
(A) is required to provide services on a
nonpartisan basis;
(B) is required to maintain impartiality; and
(C) is prohibited from advocating for the adoption
or rejection of any legislative proposal.
(3) Training of members appointed to commission.--Not later
than January 15 of a year ending in the numeral one, the
nonpartisan agency established or designated under this
subsection shall provide the members of the independent
redistricting commission with initial training on their
obligations as members of the commission, including obligations
under the Voting Rights Act of 1965 and other applicable laws.
(4) Regulations.--The nonpartisan agency established or
designated under this subsection shall adopt and publish
regulations, after notice and opportunity for comment,
establishing the procedures that the agency will follow in
fulfilling its duties under this subtitle, including the
procedures to be used in vetting the qualifications and
political affiliation of applicants and in creating the
selection pools, the randomized process to be used in selecting
the initial members of the independent redistricting
commission, and the rules that the agency will apply to ensure
that the agency carries out its duties under this subtitle in a
maximally transparent, publicly accessible, and impartial
manner.
(5) Designation of existing agency.--At its option, a State
may designate an existing agency in the legislative branch of
its government to appoint the members of the independent
redistricting commission plan for the State under this
subtitle, so long as the agency meets the requirements for
nonpartisanship under this subsection.
(6) Termination of agency specifically established for
redistricting.--If a State does not designate an existing
agency under paragraph (5) but instead establishes a new agency
to serve as the nonpartisan agency under this section, the new
agency shall terminate upon the enactment into law of the
redistricting plan for the State.
(7) Preservation of records.--The State shall ensure that
the records of the nonpartisan agency are retained in the
appropriate State archive in such manner as may be necessary to
enable the State to respond to any civil action brought with
respect to congressional redistricting in the State.
(8) Deadline.--The State shall meet the requirements of
this subsection not later than each October 15 of a year ending
in the numeral nine.
(b) Establishment of Select Committee on Redistricting.--
(1) In general.--Each State shall appoint a Select
Committee on Redistricting to approve or disapprove a selection
pool developed by the independent redistricting commission for
the State under section 2412.
(2) Appointment.--The Select Committee on Redistricting for
a State under this subsection shall consist of the following
members:
(A) One member of the upper house of the State
legislature, who shall be appointed by the leader of
the party with the greatest number of seats in the
upper house.
(B) One member of the upper house of the State
legislature, who shall be appointed by the leader of
the party with the second greatest number of seats in
the upper house.
(C) One member of the lower house of the State
legislature, who shall be appointed by the leader of
the party with the greatest number of seats in the
lower house.
(D) One member of the lower house of the State
legislature, who shall be appointed by the leader of
the party with the second greatest number of seats in
the lower house.
(3) Special rule for states with unicameral legislature.--
In the case of a State with a unicameral legislature, the
Select Committee on Redistricting for the State under this
subsection shall consist of the following members:
(A) Two members of the State legislature appointed
by the chair of the political party of the State whose
candidate received the highest percentage of votes in
the most recent statewide election for Federal office
held in the State.
(B) Two members of the State legislature appointed
by the chair of the political party whose candidate
received the second highest percentage of votes in the
most recent statewide election for Federal office held
in the State.
(4) Deadline.--The State shall meet the requirements of
this subsection not later than each January 15 of a year ending
in the numeral zero.
(5) Rule of construction.--Nothing in this subsection may
be construed to prohibit the leader of any political party in a
legislature from appointment to the Select Committee on
Redistricting.
SEC. 2415. REPORT ON DIVERSITY OF MEMBERSHIPS OF INDEPENDENT
REDISTRICTING COMMISSIONS.
Not later than May 15 of a year ending in the numeral one, the
Comptroller General of the United States shall submit to Congress a
report on the extent to which the memberships of independent
redistricting commissions for States established under this part with
respect to the immediately preceding year ending in the numeral zero
meet the diversity requirements as provided for in sections
2411(a)(2)(B) and 2412(b)(2).
PART 3--ROLE OF COURTS IN DEVELOPMENT OF REDISTRICTING PLANS
SEC. 2421. ENACTMENT OF PLAN DEVELOPED BY 3-JUDGE COURT.
(a) Development of Plan.--If any of the triggering events described
in subsection (f) occur with respect to a State--
(1) not later than December 15 of the year in which the
triggering event occurs, 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
develop and publish the congressional redistricting plan for
the State; and
(2) the final 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 plan, as described in
subsection (d).
(b) Applicable Venue Described.--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 of the occurrence of a triggering event described
in subsection (f).
(c) 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
independent redistricting commission of the State under section
2403.
(2) Access to information and records of commission.--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 independent redistricting
commission of the State in carrying out its duties under this
subtitle.
(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.
(d) 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 by the
Court to develop the plans and a written evaluation of the
plans against external metrics (as described in section
2413(d)).
(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.
(e) 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 but not limited to the discretion to make
any changes the Court deems necessary to an interim redistricting plan.
(f) Triggering Events Described.--The ``triggering events''
described in this subsection are as follows:
(1) The failure of the State to establish or designate a
nonpartisan agency of the State legislature under section
2414(a) prior to the expiration of the deadline set forth in
section 2414(a)(5).
(2) The failure of the State to appoint a Select Committee
on Redistricting under section 2414(b) prior to the expiration
of the deadline set forth in section 2414(b)(4).
(3) The failure of the Select Committee on Redistricting to
approve any selection pool under section 2412 prior to the
expiration of the deadline set forth for the approval of the
second replacement selection pool in section 2412(d)(2).
(4) The failure of the independent redistricting commission
of the State to approve a final redistricting plan for the
State prior to the expiration of the deadline set forth in
section 2413(e).
SEC. 2422. SPECIAL RULE FOR REDISTRICTING CONDUCTED UNDER ORDER OF
FEDERAL COURT.
If a Federal court requires a State to conduct redistricting
subsequent to an apportionment of Representatives in the State in order
to comply with the Constitution or to enforce the Voting Rights Act of
1965, section 2413 shall apply with respect to the redistricting,
except that the court may revise any of the deadlines set forth in such
section if the court determines that a revision is appropriate in order
to provide for a timely enactment of a new redistricting plan for the
State.
PART 4--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
SEC. 2431. PAYMENTS TO STATES FOR CARRYING OUT REDISTRICTING.
(a) Authorization of Payments.--Subject to subsection (d), not
later than 30 days after a State receives a State apportionment notice,
the Election Assistance Commission shall, subject to the availability
of appropriations provided pursuant to subsection (e), make a payment
to the State in an amount equal to the product of--
(1) the number of Representatives to which the State is
entitled, as provided under the notice; and
(2) $150,000.
(b) Use of Funds.--A State shall use the payment made under this
section to establish and operate the State's independent redistricting
commission, to implement the State redistricting plan, and to otherwise
carry out congressional redistricting in the State.
(c) No Payment to States With Single Member.--The Election
Assistance Commission shall not make a payment under this section to
any State which is not entitled to more than one Representative under
its State apportionment notice.
(d) Requiring Submission of Selection Pool as Condition of
Payment.--
(1) Requirement.--Except as provided in paragraph (2) and
paragraph (3), the Election Assistance Commission may not make
a payment to a State under this section until the State
certifies to the Commission that the nonpartisan agency
established or designated by a State under section 2414(a) has,
in accordance with section 2412(b)(1), submitted a selection
pool to the Select Committee on Redistricting for the State
established under section 2414(b).
(2) Exception for states with existing commissions.--In the
case of a State which, pursuant to section 2401(c), is exempt
from the requirements of section 2401(a), the Commission may
not make a payment to the State under this section until the
State certifies to the Commission that its redistricting
commission meets the requirements of section 2401(c).
(3) Exception for state of iowa.--In the case of the State
of Iowa, the Commission may not make a payment to the State
under this section until the State certifies to the Commission
that it will carry out congressional redistricting pursuant to
the State's apportionment notice in accordance with a plan
developed by the Iowa Legislative Services Agency with the
assistance of a Temporary Redistricting Advisory Commission, as
provided under the law described in section 2401(d).
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for payments under this
section.
SEC. 2432. CIVIL ENFORCEMENT.
(a) Civil Enforcement.--
(1) Actions by attorney general.--The Attorney General may
bring a civil action in an appropriate district court for such
relief as may be appropriate to carry out this subtitle.
(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 this subtitle 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. For
purposes of this section, the ``applicable venue'' is the
District of Columbia or the judicial district in which the
capital of the State is located, as selected by the person who
brings the civil action.
(b) Expedited Consideration.--In any action brought forth under
this section, the following rules shall apply:
(1) The action shall be filed in the district court of the
United States 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.
(2) The action shall be heard by a 3-judge court convened
pursuant to section 2284 of title 28, United States Code.
(3) The 3-judge court shall consolidate actions brought for
relief under subsection (b)(1) with respect to the same State
redistricting plan.
(4) A copy of the complaint shall be delivered promptly to
the Clerk of the House of Representatives and the Secretary of
the Senate.
(5) A final decision in the action shall be reviewable only
by appeal directly to the Supreme Court of the United States.
Such appeal shall be taken by the filing of a notice of appeal
within 10 days, and the filing of a jurisdictional statement
within 30 days, of the entry of the final decision.
(6) It shall be the duty of the district court and the
Supreme Court of the United States 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 subtitle--
(i) the Court shall adopt a replacement
congressional redistricting plan for the State
in accordance with the process set forth in
section 2421; 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 may allow a State to
develop and propose a remedial congressional
redistricting plan for consideration by the
court, and such remedial plan may be developed
by the State by adopting such appropriate
changes to the State's enacted plan as may be
ordered by the court.
(B) 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 three
months prior to the next regularly scheduled election
for the House of Representatives in the State, the
district court shall, as the balance of equities
warrant--
(i) order development, adoption, and use of
an interim congressional redistricting plan in
accordance with section 2421(e) to address any
claims under this title for which a party
seeking relief has demonstrated a substantial
likelihood of success; or
(ii) order adjustments to the timing of
primary elections for the House of
Representatives, 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 injunctive relief permitted.--Any remedial or
replacement congressional redistricting plan ordered under this
subsection shall not be subject to temporary or preliminary
injunctive relief from any court unless the record establishes
that a writ of mandamus is warranted.
(3) 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
subtitle, 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.
(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 subtitle 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 subtitle
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 subtitle.
SEC. 2433. STATE APPORTIONMENT NOTICE DEFINED.
In this subtitle, the ``State apportionment notice'' means, with
respect to a State, the notice sent to the State from the Clerk of the
House of Representatives under section 22(b) 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), of the number of Representatives
to which the State is entitled.
SEC. 2434. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE.
Nothing in this subtitle or in any amendment made by this subtitle
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. 2435. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle shall apply
with respect to redistricting carried out pursuant to the decennial
census conducted during 2030 or any succeeding decennial census.
PART 5--REQUIREMENTS FOR REDISTRICTING CARRIED OUT PURSUANT TO 2020
CENSUS
Subpart A--Application of Certain Requirements for Redistricting
Carried Out Pursuant to 2020 Census
SEC. 2441. APPLICATION OF CERTAIN REQUIREMENTS FOR REDISTRICTING
CARRIED OUT PURSUANT TO 2020 CENSUS.
Notwithstanding section 2435, parts 1, 3, and 4 of this subtitle
and the amendments made by such parts shall apply with respect to
congressional redistricting carried out pursuant to the decennial
census conducted during 2020 in the same manner as such parts and the
amendments made by such parts apply with respect to redistricting
carried out pursuant to the decennial census conducted during 2030,
except as follows:
(1) Except as provided in subsection (c) and subsection (d)
of section 2401, the redistricting shall be conducted in
accordance with--
(A) the redistricting plan developed and enacted
into law by the independent redistricting commission
established in the State in accordance with subpart B;
or
(B) if a plan developed by such commission is not
enacted into law, the redistricting plan developed and
enacted into law by a 3-judge court in accordance with
section 2421.
(2) If any of the triggering events described in section
2442 occur with respect to the State, the United States
district court for the applicable venue shall develop and
publish the redistricting plan for the State, in accordance
with section 2421, not later than December 15, 2021.
(3) For purposes of section 2431(d)(1), the Election
Assistance Commission may not make a payment to a State under
such section until the State certifies to the Commission that
the nonpartisan agency established or designated by a State
under section 2454(a) has, in accordance with section
2452(b)(1), submitted a selection pool to the Select Committee
on Redistricting for the State established under section
2454(b).
SEC. 2442. TRIGGERING EVENTS.
For purposes of the redistricting carried out pursuant to the
decennial census conducted during 2020, the triggering events described
in this section are as follows:
(1) The failure of the State to establish or designate a
nonpartisan agency under section 2454(a) prior to the
expiration of the deadline under section 2454(a)(6).
(2) The failure of the State to appoint a Select Committee
on Redistricting under section 2454(b) prior to the expiration
of the deadline under section 2454(b)(4).
(3) The failure of the Select Committee on Redistricting to
approve a selection pool under section 2452(b) prior to the
expiration of the deadline under section 2452(b)(7).
(4) The failure of the independent redistricting commission
of the State to approve a final redistricting plan for the
State under section 2453 prior to the expiration of the
deadline under section 2453(e).
Subpart B--Independent Redistricting Commissions for Redistricting
Carried Out Pursuant to 2020 Census
SEC. 2451. USE OF INDEPENDENT REDISTRICTING COMMISSIONS FOR
REDISTRICTING CARRIED OUT PURSUANT TO 2020 CENSUS.
(a) Appointment of Members.--
(1) In general.--The nonpartisan agency established or
designated by a State under section 2454(a) shall establish an
independent redistricting commission under this part for the
State, which shall consist of 15 members appointed by the
agency as follows:
(A) Not later than August 5, 2021, the agency
shall, at a public meeting held not earlier than 15
days after notice of the meeting has been given to the
public, first appoint 6 members as follows:
(i) The agency shall appoint 2 members on a
random basis from the majority category of the
approved selection pool (as described in
section 2452(b)(1)(A)).
(ii) The agency shall appoint 2 members on
a random basis from the minority category of
the approved selection pool (as described in
section 2452(b)(1)(B)).
(iii) The agency shall appoint 2 members on
a random basis from the independent category of
the approved selection pool (as described in
section 2452(b)(1)(C)).
(B) Not later than August 15, 2021, the members
appointed by the agency under subparagraph (A) shall,
at a public meeting held not earlier than 15 days after
notice of the meeting has been given to the public,
then appoint 9 members as follows:
(i) The members shall appoint 3 members
from the majority category of the approved
selection pool (as described in section
2452(b)(1)(A)).
(ii) The members shall appoint 3 members
from the minority category of the approved
selection pool (as described in section
2452(b)(1)(B)).
(iii) The members shall appoint 3 members
from the independent category of the approved
selection pool (as described in section
2452(b)(1)(C)).
(2) Rules for appointment of members appointed by first
members.--
(A) Affirmative vote of at least 4 members.--The
appointment of any of the 9 members of the independent
redistricting commission who are appointed by the first
members of the commission pursuant to subparagraph (B)
of paragraph (1) shall require the affirmative vote of
at least 4 of the members appointed by the nonpartisan
agency under subparagraph (A) of paragraph (1),
including at least one member from each of the
categories referred to in such subparagraph.
(B) Ensuring diversity.--In appointing the 9
members pursuant to subparagraph (B) of paragraph (1),
the first members of the independent redistricting
commission shall ensure that the membership is
representative of the demographic groups (including
racial, ethnic, economic, and gender) and geographic
regions of the State, and provides racial, ethnic, and
language minorities protected under the Voting Rights
Act of 1965 with a meaningful opportunity to
participate in the development of the State's
redistricting plan.
(3) Removal.--A member of the independent redistricting
commission may be removed by a majority vote of the remaining
members of the commission if it is shown by a preponderance of
the evidence that the member is not eligible to serve on the
commission under section 2452(a).
(b) Procedures for Conducting Commission Business.--
(1) Requiring majority approval for actions.--The
independent redistricting commission of a State under this part
may not publish and disseminate any draft or final
redistricting plan, or take any other action, without the
approval of at least--
(A) a majority of the whole membership of the
commission; and
(B) at least one member of the commission appointed
from each of the categories of the approved selection
pool described in section 2452(b)(1).
(2) Quorum.--A majority of the members of the commission
shall constitute a quorum.
(c) Staff; Contractors.--
(1) Staff.--Under a public application process in which all
application materials are available for public inspection, the
independent redistricting commission of a State under this part
shall appoint and set the pay of technical experts, legal
counsel, consultants, and such other staff as it considers
appropriate, subject to State law.
(2) Contractors.--The independent redistricting commission
of a State may enter into such contracts with vendors as it
considers appropriate, subject to State law, except that any
such contract shall be valid only if approved by the vote of a
majority of the members of the commission, including at least
one member appointed from each of the categories of the
approved selection pool described in section 2452(b)(1).
(3) Goal of impartiality.--The commission shall take such
steps as it considers appropriate to ensure that any staff
appointed under this subsection, and any vendor with whom the
commission enters into a contract under this subsection, will
work in an impartial manner.
(d) Preservation of Records.--The State shall ensure that the
records of the independent redistricting commission are retained in the
appropriate State archive in such manner as may be necessary to enable
the State to respond to any civil action brought with respect to
congressional redistricting in the State.
SEC. 2452. ESTABLISHMENT OF SELECTION POOL OF INDIVIDUALS ELIGIBLE TO
SERVE AS MEMBERS OF COMMISSION.
(a) Criteria for Eligibility.--
(1) In general.--An individual is eligible to serve as a
member of an independent redistricting commission under this
part if the individual meets each of the following criteria:
(A) As of the date of appointment, the individual
is registered to vote in elections for Federal office
held in the State.
(B) During the 3-year period ending on the date of
the individual's appointment, the individual has been
continuously registered to vote with the same political
party, or has not been registered to vote with any
political party.
(C) The individual submits to the nonpartisan
agency established or designated by a State under
section 2453, at such time and in such form as the
agency may require, an application for inclusion in the
selection pool under this section, and includes with
the application a written statement, with an
attestation under penalty of perjury, containing the
following information and assurances:
(i) The full current name and any former
names of, and the contact information for, the
individual, including an electronic mail
address, the address of the individual's
residence, mailing address, and telephone
numbers.
(ii) The individual's race, ethnicity,
gender, age, date of birth, and household
income for the most recent taxable year.
(iii) The political party with which the
individual is affiliated, if any.
(iv) The reason or reasons the individual
desires to serve on the independent
redistricting commission, the individual's
qualifications, and information relevant to the
ability of the individual to be fair and
impartial, including, but not limited to--
(I) any involvement with, or
financial support of, professional,
social, political, religious, or
community organizations or causes;
(II) the individual's employment
and educational history.
(v) An assurance that the individual shall
commit to carrying out the individual's duties
under this subtitle in an honest, independent,
and impartial fashion, and to upholding public
confidence in the integrity of the
redistricting process.
(vi) An assurance that, during such covered
period as the State may establish with respect
to any of the subparagraphs of paragraph (2),
the individual has not taken and will not take
any action which would disqualify the
individual from serving as a member of the
commission under such paragraph.
(2) Disqualifications.--An individual is not eligible to
serve as a member of the commission if any of the following
applies with respect to such covered period as the State may
establish:
(A) The individual or an immediate family member of
the individual holds public office or is a candidate
for election for public office.
(B) The individual or an immediate family member of
the individual serves as an officer of a political
party or as an officer, employee, or paid consultant of
a campaign committee of a candidate for public office
or of any political action committee (as determined in
accordance with the law of the State).
(C) The individual or an immediate family member of
the individual holds a position as a registered
lobbyist under the Lobbying Disclosure Act of 1995 (2
U.S.C. 1601 et seq.) or an equivalent State or local
law.
(D) The individual or an immediate family member of
the individual is an employee of an elected public
official, a contractor with the government of the
State, or a donor to the campaign of any candidate for
public office or to any political action committee
(other than a donor who, during any of such covered
periods, gives an aggregate amount of $1,000 or less to
the campaigns of all candidates for all public offices
and to all political action committees).
(E) The individual paid a civil money penalty or
criminal fine, or was sentenced to a term of
imprisonment, for violating any provision of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101
et seq.).
(F) The individual or an immediate family member of
the individual is an agent of a foreign principal under
the Foreign Agents Registration Act of 1938, as amended
(22 U.S.C. 611 et seq.).
(3) Immediate family member defined.--In this subsection,
the term ``immediate family member'' means, with respect to an
individual, a father, stepfather, mother, stepmother, son,
stepson, daughter, stepdaughter, brother, stepbrother, sister,
stepsister, husband, wife, father-in-law, or mother-in-law.
(b) Development and Submission of Selection Pool.--
(1) In general.--Not later than July 15, 2021, the
nonpartisan agency established or designated by a State under
section 2454(a) shall develop and submit to the Select
Committee on Redistricting for the State established under
section 2454(b) a selection pool of 36 individuals who are
eligible to serve as members of the independent redistricting
commission of the State under this part, consisting of
individuals in the following categories:
(A) A majority category, consisting of 12
individuals who are affiliated with the political party
whose candidate received the most votes in the most
recent Statewide election for Federal office held in
the State.
(B) A minority category, consisting of 12
individuals who are 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.
(C) An independent category, consisting of 12
individuals who are not affiliated with either of the
political parties described in subparagraph (A) or
subparagraph (B).
(2) Factors taken into account in developing pool.--In
selecting individuals for the selection pool under this
subsection, the nonpartisan agency shall--
(A) ensure that the pool is representative of the
demographic groups (including racial, ethnic, economic,
and gender) and geographic regions of the State, and
includes applicants who would allow racial, ethnic, and
language minorities protected under the Voting Rights
Act of 1965 a meaningful opportunity to participate in
the development of the State's redistricting plan; and
(B) take into consideration the analytical skills
of the individuals selected in relevant fields
(including mapping, data management, law, community
outreach, demography, and the geography of the State)
and their ability to work on an impartial basis.
(3) Determination of political party affiliation of
individuals in selection pool.--For purposes of this section,
an individual shall be considered to be affiliated with a
political party only if the nonpartisan agency is able to
verify (to the greatest extent possible) the information the
individual provides in the application submitted under
subsection (a)(1)(C), including by considering additional
information provided by other persons with knowledge of the
individual's history of political activity.
(4) Encouraging residents to apply for inclusion in pool.--
The nonpartisan agency shall take such steps as may be
necessary to ensure that residents of the State across various
geographic regions and demographic groups are aware of the
opportunity to serve on the independent redistricting
commission, including publicizing the role of the panel and
using newspapers, broadcast media, and online sources,
including ethnic media, to encourage individuals to apply for
inclusion in the selection pool developed under this
subsection.
(5) Report on establishment of selection pool.--At the time
the nonpartisan agency submits the selection pool to the Select
Committee on Redistricting under paragraph (1), it shall
publish a report describing the process by which the pool was
developed, and shall include in the report a description of how
the individuals in the pool meet the eligibility criteria of
subsection (a) and of how the pool reflects the factors the
agency is required to take into consideration under paragraph
(2).
(6) Public comment on selection pool.--During the 14-day
period which begins on the date the nonpartisan agency
publishes the report under paragraph (5), the agency shall
accept comments from the public on the individuals included in
the selection pool. The agency shall transmit all such comments
to the Select Committee on Redistricting immediately upon the
expiration of such period.
(7) Action by select committee.--
(A) In general.--Not later than August 1, 2021, the
Select Committee on Redistricting shall--
(i) approve the pool as submitted by the
nonpartisan agency, in which case the pool
shall be considered the approved selection pool
for purposes of section 2451(a)(1); or
(ii) reject the pool, in which case the
redistricting plan for the State shall be
developed and enacted in accordance with part
3.
(B) Inaction deemed rejection.--If the Select
Committee on Redistricting fails to approve or reject
the pool within the deadline set forth in subparagraph
(A), the Select Committee shall be deemed to have
rejected the pool for purposes of such subparagraph.
SEC. 2453. CRITERIA FOR REDISTRICTING PLAN; PUBLIC NOTICE AND INPUT.
(a) Public Notice and Input.--
(1) Use of open and transparent process.--The independent
redistricting commission of a State under this part shall hold
each of its meetings in public, shall solicit and take into
consideration comments from the public, including proposed
maps, throughout the process of developing the redistricting
plan for the State, 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) Public comment period.--The commission shall solicit,
accept, and consider comments from the public with respect to
its duties, activities, and procedures at any time until 7 days
before the date of the meeting at which the commission shall
vote on approving the final redistricting plan for enactment
into law under subsection (c)(2).
(3) Meetings and hearings in various geographic
locations.--To the greatest extent practicable, the commission
shall hold its meetings and hearings in various geographic
regions and locations throughout the State.
(4) Multiple language requirements for all notices.--The
commission shall make each notice which is required to be
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.
(b) Development and Publication of Preliminary Redistricting
Plan.--
(1) In general.--Prior to developing and publishing a final
redistricting plan under subsection (c), the independent
redistricting commission of a State under this part shall
develop and publish a preliminary redistricting plan.
(2) Minimum public hearings and opportunity for comment
prior to development.--
(A) 2 hearings required.--Prior to developing a
preliminary redistricting plan under this subsection,
the commission shall hold not fewer than 2 public
hearings at which members of the public may provide
input and comments regarding the potential contents of
redistricting plans for the State and the process by
which the commission will develop the preliminary plan
under this subsection.
(B) Notice prior to hearings.--The commission shall
provide for the publication of notices of each hearing
held under this paragraph, including in newspapers of
general circulation throughout the State. Each such
notice shall specify the date, time, and location of
the hearing.
(C) Submission of plans and maps by members of the
public.--Any member of the public may submit maps or
portions of maps for consideration by the commission.
(3) Publication of preliminary plan.--The commission shall
provide for the publication of the preliminary redistricting
plan developed under this subsection, including in newspapers
of general circulation throughout the State, and shall make
publicly available a report that includes the commission's
responses to any public comments received under this
subsection.
(4) Public comment after publication.--The commission shall
accept and consider comments from the public with respect to
the preliminary redistricting plan published under paragraph
(3), including proposed revisions to maps, until 14 days before
the date of the meeting under subsection (c)(2) at which the
members of the commission shall vote on approving the final
redistricting plan for enactment into law.
(5) Post-publication hearings.--
(A) 2 hearings required.--After publishing the
preliminary redistricting plan under paragraph (3), and
not later than 14 days before the date of the meeting
under subsection (c)(2) at which the members of the
commission shall vote on approving the final
redistricting plan for enactment into law, the
commission shall hold not fewer than 2 public hearings
in different geographic areas of the State at which
members of the public may provide input and comments
regarding the preliminary plan.
(B) Notice prior to hearings.--The commission shall
provide for the publication of notices of each hearing
held under this paragraph, including in newspapers of
general circulation throughout the State. Each such
notice shall specify the date, time, and location of
the hearing.
(6) Permitting multiple preliminary plans.--At the option
of the commission, after developing and publishing the
preliminary redistricting plan under this subsection, the
commission may develop and publish subsequent preliminary
redistricting plans, so long as the process for the development
and publication of each such subsequent plan meets the
requirements set forth in this subsection for the development
and publication of the first preliminary redistricting plan.
(c) Process for Enactment of Final Redistricting Plan.--
(1) In general.--After taking into consideration comments
from the public on any preliminary redistricting plan developed
and published under subsection (b), the independent
redistricting commission of a State under this part shall
develop and publish a final redistricting plan for the State.
(2) Meeting; final vote.--Not later than the deadline
specified in subsection (e), the commission shall hold a public
hearing at which the members of the commission shall vote on
approving the final plan for enactment into law.
(3) Publication of plan and accompanying materials.--Not
fewer than 14 days before the date of the meeting under
paragraph (2), the commission shall make the following
information to the public, including through newspapers of
general circulation throughout the State:
(A) The final redistricting plan, including all
relevant maps.
(B) A report by the commission to accompany the
plan which provides the background for the plan and the
commission's reasons for selecting the plan as the
final redistricting plan, including responses to the
public comments received on any preliminary
redistricting plan developed and published under
subsection (b).
(C) Any dissenting or additional views with respect
to the plan of individual members of the commission.
(4) Enactment.--The final redistricting plan developed and
published under this subsection shall be deemed to be enacted
into law upon the expiration of the 45-day period which begins
on the date on which--
(A) such final plan is approved by a majority of
the whole membership of the commission; and
(B) at least one member of the commission appointed
from each of the categories of the approved selection
pool described in section 2452(b)(1) approves such
final plan.
(d) Written Evaluation of Plan Against External Metrics.--The
independent redistricting commission of a State under this part shall
include with each redistricting plan developed and published under this
section a written evaluation that measures each such plan against
external metrics which cover the criteria set forth section 2403(a),
including the impact of the plan on the ability of communities of color
to elect candidates of choice, measures of partisan fairness using
multiple accepted methodologies, and the degree to which the plan
preserves or divides communities of interest.
(e) Deadline.--The independent redistricting commission of a State
under this part shall approve a final redistricting plan for the State
not later than November 15, 2021.
SEC. 2454. ESTABLISHMENT OF RELATED ENTITIES.
(a) Establishment or Designation of Nonpartisan Agency of State
Legislature.--
(1) In general.--Each State shall establish a nonpartisan
agency in the legislative branch of the State government to
appoint the members of the independent redistricting commission
for the State under this part in accordance with section 2451.
(2) Nonpartisanship described.--For purposes of this
subsection, an agency shall be considered to be nonpartisan if
under law the agency--
(A) is required to provide services on a
nonpartisan basis;
(B) is required to maintain impartiality; and
(C) is prohibited from advocating for the adoption
or rejection of any legislative proposal.
(3) Designation of existing agency.--At its option, a State
may designate an existing agency in the legislative branch of
its government to appoint the members of the independent
redistricting commission plan for the State under this
subtitle, so long as the agency meets the requirements for
nonpartisanship under this subsection.
(4) Termination of agency specifically established for
redistricting.--If a State does not designate an existing
agency under paragraph (3) but instead establishes a new agency
to serve as the nonpartisan agency under this section, the new
agency shall terminate upon the enactment into law of the
redistricting plan for the State.
(5) Preservation of records.--The State shall ensure that
the records of the nonpartisan agency are retained in the
appropriate State archive in such manner as may be necessary to
enable the State to respond to any civil action brought with
respect to congressional redistricting in the State.
(6) Deadline.--The State shall meet the requirements of
this subsection not later than June 1, 2021.
(b) Establishment of Select Committee on Redistricting.--
(1) In general.--Each State shall appoint a Select
Committee on Redistricting to approve or disapprove a selection
pool developed by the independent redistricting commission for
the State under this part under section 2452.
(2) Appointment.--The Select Committee on Redistricting for
a State under this subsection shall consist of the following
members:
(A) One member of the upper house of the State
legislature, who shall be appointed by the leader of
the party with the greatest number of seats in the
upper house.
(B) One member of the upper house of the State
legislature, who shall be appointed by the leader of
the party with the second greatest number of seats in
the upper house.
(C) One member of the lower house of the State
legislature, who shall be appointed by the leader of
the party with the greatest number of seats in the
lower house.
(D) One member of the lower house of the State
legislature, who shall be appointed by the leader of
the party with the second greatest number of seats in
the lower house.
(3) Special rule for states with unicameral legislature.--
In the case of a State with a unicameral legislature, the
Select Committee on Redistricting for the State under this
subsection shall consist of the following members:
(A) Two members of the State legislature appointed
by the chair of the political party of the State whose
candidate received the highest percentage of votes in
the most recent Statewide election for Federal office
held in the State.
(B) Two members of the State legislature appointed
by the chair of the political party whose candidate
received the second highest percentage of votes in the
most recent Statewide election for Federal office held
in the State.
(4) Deadline.--The State shall meet the requirements of
this subsection not later than June 15, 2021.
(5) Rule of construction.--Nothing in this subsection may
be construed to prohibit the leader of any political party in a
legislature from appointment to the Select Committee on
Redistricting.
SEC. 2455. REPORT ON DIVERSITY OF MEMBERSHIPS OF INDEPENDENT
REDISTRICTING COMMISSIONS.
Not later than November 15, 2021, the Comptroller General of the
United States shall submit to Congress a report on the extent to which
the memberships of independent redistricting commissions for States
established under this part with respect to the immediately preceding
year ending in the numeral zero meet the diversity requirements as
provided for in sections 2451(a)(2)(B) and 2452(b)(2).
Subtitle F--Saving Eligible Voters From Voter Purging
SEC. 2501. SHORT TITLE.
This subtitle may be cited as the ``Stop Automatically Voiding
Eligible Voters Off Their Enlisted Rolls in States Act'' or the ``SAVE
VOTERS Act''.
SEC. 2502. 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), 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 notice sent under section 8(d), unless the notice
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.
``(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 for any reason (other
than the death of the registrant), 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 or 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'' 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 G--No Effect on Authority of States To Provide Greater
Opportunities for Voting
SEC. 2601. 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.
Subtitle H--Residence of Incarcerated Individuals
SEC. 2701. RESIDENCE OF INCARCERATED INDIVIDUALS.
Section 141 of title 13, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g)(1) Effective beginning with the 2020 decennial census of
population, in taking any tabulation of total population by States
under subsection (a) for purposes of the apportionment of
Representatives in Congress among the several States, the Secretary
shall, with respect to an individual incarcerated in a State, Federal,
county, or municipal correctional center as of the date on which such
census is taken, attribute such individual to such individual's last
place of residence before incarceration.
``(2) In carrying out this subsection, the Secretary shall consult
with each State department of corrections to collect the information
necessary to make the determination required under paragraph (1).''.
Subtitle I--Findings Relating to Youth Voting
SEC. 2801. FINDINGS RELATING TO YOUTH VOTING.
Congress finds the following:
(1) The right to vote is a fundamental right of citizens of
the United States.
(2) The twenty-sixth amendment of the United States
Constitution guarantees that ``The right of citizens of the
United States, who are eighteen years of age or older, to vote
shall not be denied or abridged by the United States or by any
State on account of age.''.
(3) The twenty-sixth amendment of the United States
Constitution grants Congress the power to enforce the amendment
by appropriate legislation.
(4) The language of the twenty-sixth amendment closely
mirrors that of the fifteenth amendment and the nineteenth
amendment. Like those amendments, the twenty-sixth amendment
not only prohibits denial of the right to vote but also
prohibits any actions that abridge the right to vote.
(5) Youth voter suppression undercuts participation in our
democracy by introducing arduous obstacles to new voters and
discouraging a culture of democratic engagement.
(6) Voting is habit forming, and allowing youth voters
unobstructed access to voting ensures that more Americans will
start a life-long habit of voting as soon as possible.
(7) Youth voter suppression is a clear, persistent, and
growing problem. The actions of States and political
subdivisions resulting in at least four findings of twenty-
sixth amendment violations as well as pending litigation
demonstrate the need for Congress to take action to enforce the
twenty-sixth amendment.
(8) In League of Women Voters of Florida, Inc. v. Detzner
(2018), the United States District Court in the Northern
District of Florida found that the Secretary of State's actions
that prevented in-person early voting sites from being located
on university property revealed a stark pattern of
discrimination that was unexplainable on grounds other than age
and thus violated university students' twenty-sixth Amendment
rights.
(9) In 2019, Michigan agreed to a settlement to enhance
college-age voters' access after a twenty-sixth amendment
challenge was filed in federal court. The challenge prompted
the removal of a Michigan voting law which required first time
voters who registered by mail or through a third-party voter
registration drive to vote in person for the first time, as
well as the removal of another law which required the address
listed on a voter's driver license to match the address listed
on their voter registration card.
(10) Youth voter suppression tactics are often linked to
other tactics aimed at minority voters. For example, students
at Prairie View A&M University (PVAMU), a historically black
university in Texas, have been the targets of voter suppression
tactics for decades. Before the 2018 election, PVAMU students
sued Waller County on the basis of both racial and age
discrimination over the County's failure to ensure equal early
voting opportunities for students, spurring the County to
reverse course and expand early voting access for students.
(11) The more than 25 million United States citizens ages
18-24 deserve equal opportunity to participate in the electoral
process as guaranteed by the twenty-sixth amendment.
Subtitle J--Severability
SEC. 2901. 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.
TITLE III--ELECTION SECURITY
Sec. 3000. Short title; sense of Congress.
Subtitle A--Financial Support for Election Infrastructure
Part 1--Voting System Security Improvement Grants
Sec. 3001. Grants for obtaining compliant paper ballot voting systems
and carrying out voting system security
improvements.
Sec. 3002. Coordination of voting system security activities with use
of requirements payments and election
administration requirements under Help
America Vote Act of 2002.
Sec. 3003. Incorporation of definitions.
Part 2--Grants for Risk-Limiting Audits of Results of Elections
Sec. 3011. Grants to States for conducting risk-limiting audits of
results of elections.
Sec. 3012. GAO analysis of effects of audits.
Part 3--Election Infrastructure Innovation Grant Program
Sec. 3021. Election infrastructure innovation grant program.
Subtitle B--Security Measures
Sec. 3101. Election infrastructure designation.
Sec. 3102. Timely threat information.
Sec. 3103. Security clearance assistance for election officials.
Sec. 3104. Security risk and vulnerability assessments.
Sec. 3105. Annual reports.
Sec. 3106. Pre-election threat assessments.
Subtitle C--Enhancing Protections for United States Democratic
Institutions
Sec. 3201. National strategy to protect United States democratic
institutions.
Sec. 3202. National Commission to Protect United States Democratic
Institutions.
Subtitle D--Promoting Cybersecurity Through Improvements in Election
Administration
Sec. 3301. Testing of existing voting systems to ensure compliance with
election cybersecurity guidelines and other
guidelines.
Sec. 3302. Treatment of electronic poll books as part of voting
systems.
Sec. 3303. Pre-election reports on voting system usage.
Sec. 3304. Streamlining collection of election information.
Sec. 3305. Exemption of cybersecurity assistance from limitations on
amount of coordinated political party
expenditures.
Subtitle E--Preventing Election Hacking
Sec. 3401. Short title.
Sec. 3402. Election Security Bug Bounty Program.
Subtitle F--Election Security Grants Advisory Committee
Sec. 3501. Establishment of advisory committee.
Subtitle G--Miscellaneous Provisions
Sec. 3601. Definitions.
Sec. 3602. Initial report on adequacy of resources available for
implementation.
Subtitle H--Use of Voting Machines Manufactured in the United States
Sec. 3701. Use of voting machines manufactured in the United States.
Subtitle I--Study and Report on Bots
Sec. 3801. Short title.
Sec. 3802. Task Force.
Sec. 3803. Study and Report.
Subtitle J--Severability
Sec. 3901. Severability.
SEC. 3000. SHORT TITLE; SENSE OF CONGRESS.
(a) Short Title.--This title may be cited as the ``Election
Security Act''.
(b) Sense of Congress on Need To Improve Election Infrastructure
Security.--It is the sense of Congress that, in light of the lessons
learned from Russian interference in the 2016 Presidential election,
the Federal Government should intensify its efforts to improve the
security of election infrastructure in the United States, including
through the use of individual, durable, paper ballots marked by the
voter by hand.
Subtitle A--Financial Support for Election Infrastructure
PART 1--VOTING SYSTEM SECURITY IMPROVEMENT GRANTS
SEC. 3001. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS
AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS.
(a) Availability of Grants.--Subtitle D of title II of the Help
America Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by
section 1622(b), 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.--The Commission shall make a
grant to each eligible State--
``(1) to replace a voting system--
``(A) 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
does meet such requirements, for use in the regularly
scheduled general elections for Federal office held in
November 2022; or
``(B) which does meet such requirements but which
is not in compliance with the most recent voluntary
voting system guidelines issued by the Commission prior
to the regularly scheduled general election for Federal
office held in November 2022 with another system which
does meet such requirements and is in compliance with
such guidelines;
``(2) to carry out voting system security improvements
described in section 298A with respect to the regularly
scheduled general elections for Federal office held in November
2022 and each succeeding election for Federal office; and
``(3) to implement and model best practices for ballot
design, ballot instructions, and the testing of ballots.
``(b) Amount of Grant.--The amount of a grant made to a State under
this section shall be such amount as the Commission determines to be
appropriate, except that such amount may not be less than the product
of $1 and the average of the number of individuals who cast votes in
any of the two most recent regularly scheduled general elections for
Federal office held in the State.
``(c) Pro Rata Reductions.--If the amount of funds appropriated for
grants under this part is insufficient to ensure that each State
receives the amount of the grant calculated under subsection (b), the
Commission shall make such pro rata reductions in such amounts as may
be necessary to ensure that the entire amount appropriated under this
part is distributed to the States.
``(d) Surplus Appropriations.--If the amount of funds appropriated
for grants authorized under section 298D(a)(2) exceed the amount
necessary to meet the requirements of subsection (b), the Commission
shall consider the following in making a determination to award
remaining funds to a State:
``(1) The record of the State in carrying out the following
with respect to the administration of elections for Federal
office:
``(A) Providing voting machines that are less than
10 years old.
``(B) Implementing strong chain of custody
procedures for the physical security of voting
equipment and paper records at all stages of the
process.
``(C) Conducting pre-election testing on every
voting machine and ensuring that paper ballots are
available wherever electronic machines are used.
``(D) Maintaining offline backups of voter
registration lists.
``(E) Providing a secure voter registration
database that logs requests submitted to the database.
``(F) Publishing and enforcing a policy detailing
use limitations and security safeguards to protect the
personal information of voters in the voter
registration process.
``(G) Providing secure processes and procedures for
reporting vote tallies.
``(H) Providing a secure platform for disseminating
vote totals.
``(2) Evidence of established conditions of innovation and
reform in providing voting system security and the proposed
plan of the State for implementing additional conditions.
``(3) Evidence of collaboration between relevant
stakeholders, including local election officials, in developing
the grant implementation plan described in section 298B.
``(4) The plan of the State to conduct a rigorous
evaluation of the effectiveness of the activities carried out
with the grant.
``(e) Ability of Replacement Systems To Administer Ranked Choice
Elections.--To the greatest extent practicable, an eligible State which
receives a grant to replace a voting system under this section shall
ensure that the replacement system is capable of administering a system
of ranked choice voting under which each voter shall rank the
candidates for the office in the order of the voter's preference.
``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 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 election infrastructure, 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 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 or designates as critical to the operation of
the State's election infrastructure.
``(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.--
``(1) In general.--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 on behalf of a State, unit of
local government, or election agency (as defined in section
3601 of the Election Security Act) who meets the criteria
described in paragraph (2).
``(2) Criteria.--The criteria described in this paragraph
are such criteria as the Chairman, in coordination with the
Secretary of Homeland Security, shall establish and publish,
and shall include each of the following requirements:
``(A) The vendor must be owned and controlled by a
citizen or permanent resident of the United States.
``(B) The vendor must disclose to the Chairman and
the Secretary, and to the chief State election official
of any State to which the vendor provides any goods and
services with funds provided under this part, of any
sourcing outside the United States for parts of the
election infrastructure.
``(C) The vendor must disclose to the Chairman and
the Secretary, and to the chief State election official
of any State to which the vendor provides any goods and
services with funds provided under this part, the
identification of any entity or individual with a more
than five 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 Technical Guidelines
Development Committee.
``(E) The vendor agrees to maintain its information
technology infrastructure in a manner that is
consistent with the cybersecurity best practices issued
by the Technical Guidelines Development Committee.
``(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 Technical Guidelines
Development Committee.
``(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 Technical Guidelines Development Committee.
``(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 Technical Guidelines
Development Committee.
``(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 this part.
``(J) The vendor agrees to permit independent
security testing by the Commission (in accordance with
section 231(a)) and by the Secretary of the goods and
services provided by the vendor pursuant to a grant
under this part.
``(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 this
part--
``(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
Chairman 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.
``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 risk-
limiting audits and 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 appropriate congressional
committees, including 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) $1,000,000,000 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.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by section 1622(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.''.
SEC. 3002. COORDINATION OF VOTING SYSTEM SECURITY ACTIVITIES WITH USE
OF REQUIREMENTS PAYMENTS AND ELECTION ADMINISTRATION
REQUIREMENTS UNDER HELP AMERICA VOTE ACT OF 2002.
(a) Duties of Election Assistance Commission.--Section 202 of the
Help America Vote Act of 2002 (52 U.S.C. 20922) is amended--
(1) in the matter preceding paragraph (1), by striking
``by'' and inserting ``and the security of election
infrastructure by''; and
(2) by striking the semicolon at the end of paragraph (1)
and inserting the following: ``, and the development,
maintenance and dissemination of cybersecurity guidelines to
identify vulnerabilities that could lead to, protect against,
detect, respond to and recover from cybersecurity incidents;''.
(b) Membership of Secretary of Homeland Security on Board of
Advisors of Election Assistance Commission.--Section 214(a) of such Act
(52 U.S.C. 20944(a)) is amended--
(1) by striking ``37 members'' and inserting ``38
members''; and
(2) by adding at the end the following new paragraph:
``(17) The Secretary of Homeland Security or the
Secretary's designee.''.
(c) Representative of Department of Homeland Security on Technical
Guidelines Development Committee.--Section 221(c)(1) of such Act (52
U.S.C. 20961(c)(1)) is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) A representative of the Department of
Homeland Security.''.
(d) Goals of Periodic Studies of Election Administration Issues;
Consultation With Secretary of Homeland Security.--Section 241(a) of
such Act (52 U.S.C. 20981(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``the Commission shall'' and inserting ``the Commission, in
consultation with the Secretary of Homeland Security (as
appropriate), shall'';
(2) by striking ``and'' at the end of paragraph (3);
(3) by redesignating paragraph (4) as paragraph (5); and
(4) by inserting after paragraph (3) the following new
paragraph:
``(4) will be secure against attempts to undermine the
integrity of election systems by cyber or other means; and''.
(e) Requirements Payments.--
(1) Use of payments for voting system security
improvements.--Section 251(b) of such Act (52 U.S.C. 21001(b)),
as amended by section 1061(a)(2), is further amended by adding
at the end the following new paragraph:
``(5) Permitting use of payments for voting system security
improvements.--A State may use a requirements payment to carry
out any of the following activities:
``(A) Cyber and risk mitigation training.
``(B) 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 or designates as critical to
the operation of the State's election infrastructure.
``(C) Enhancing the cybersecurity and operations of
the information technology infrastructure described in
subparagraph (B).
``(D) Enhancing the security of voter registration
databases.''.
(2) Incorporation of election infrastructure protection in
state plans for use of payments.--Section 254(a)(1) of such Act
(52 U.S.C. 21004(a)(1)) is amended by striking the period at
the end and inserting ``, including the protection of election
infrastructure.''.
(3) Composition of committee responsible for developing
state plan for use of payments.--Section 255 of such Act (52
U.S.C. 21005) is amended--
(A) by redesignating subsection (b) as subsection
(c); and
(B) by inserting after subsection (a) the following
new subsection:
``(b) Geographic Representation.--The members of the committee
shall be a representative group of individuals from the State's
counties, cities, towns, and Indian tribes, and shall represent the
needs of rural as well as urban areas of the State, as the case may
be.''.
(f) Ensuring Protection of Computerized Statewide Voter
Registration List.--Section 303(a)(3) of such Act (52 U.S.C.
21083(a)(3)) is amended by striking the period at the end and inserting
``, as well as other measures to prevent and deter cybersecurity
incidents, as identified by the Commission, the Secretary of Homeland
Security, and the Technical Guidelines Development Committee.''.
(g) Senior Cyber Policy Advisor.--Section 204(a) of such Act (52
U.S.C. 20924(a)) is amended--
(1) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7); and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) Senior cyber policy advisor.--The Commission shall
have a Senior Cyber Policy Advisor, who shall be appointed by
the Commission and who shall serve under the Executive
Director, and who shall be the primary policy advisor to the
Commission on matters of cybersecurity for Federal
elections.''.
SEC. 3003. INCORPORATION OF DEFINITIONS.
(a) In General.--Section 901 of the Help America Vote Act of 2002
(52 U.S.C. 21141), as amended by section 1921(b)(1), is amended to read
as follows:
``SEC. 901. DEFINITIONS.
``In this Act, the following definitions apply:
``(1) The term `cybersecurity incident' has the meaning
given the term `incident' in section 227 of the Homeland
Security Act of 2002 (6 U.S.C. 148).
``(2) The term `election infrastructure' has the meaning
given such term in section 3601 of the Election Security Act.
``(3) The term `State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by amending the item relating to section 901 to read as
follows:
``Sec. 901. Definitions.''.
PART 2--GRANTS FOR RISK-LIMITING AUDITS OF RESULTS OF ELECTIONS
SEC. 3011. GRANTS TO STATES FOR CONDUCTING RISK-LIMITING AUDITS OF
RESULTS OF ELECTIONS.
(a) Availability of Grants.--Subtitle D of title II of the Help
America Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by
sections 1622(b) and 3001(a), is amended by adding at the end the
following new part:
``PART 9--GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF
ELECTIONS
``SEC. 299. GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF
ELECTIONS.
``(a) Availability of Grants.--The Commission shall make a grant to
each eligible State to conduct risk-limiting audits as described in
subsection (b) with respect to the regularly scheduled general
elections for Federal office held in November 2022 and each succeeding
election for Federal office.
``(b) Risk-Limiting Audits Described.--In this part, a `risk-
limiting audit' is a post-election process--
``(1) which is conducted in accordance with rules and
procedures established by the chief State election official of
the State which meet the requirements of subsection (c); and
``(2) under which, if the reported outcome of the election
is incorrect, there is at least a predetermined percentage
chance that the audit will replace the incorrect outcome with
the correct outcome as determined by a full, hand-to-eye
tabulation of all votes validly cast in that election that
ascertains voter intent manually and directly from voter-
verifiable paper records.
``(c) Requirements for Rules and Procedures.--The rules and
procedures established for conducting a risk-limiting audit shall
include the following elements:
``(1) Rules for ensuring the security of ballots and
documenting that prescribed procedures were followed.
``(2) Rules and procedures for ensuring the accuracy of
ballot manifests produced by election agencies.
``(3) Rules and procedures for governing the format of
ballot manifests, cast vote records, and other data involved in
the audit.
``(4) Methods to ensure that any cast vote records used in
the audit are those used by the voting system to tally the
election results sent to the chief State election official and
made public.
``(5) Procedures for the random selection of ballots to be
inspected manually during each audit.
``(6) Rules for the calculations and other methods to be
used in the audit and to determine whether and when the audit
of an election is complete.
``(7) Procedures and requirements for testing any software
used to conduct risk-limiting audits.
``(d) Definitions.--In this part, the following definitions apply:
``(1) The term `ballot manifest' means a record maintained
by each election agency that meets each of the following
requirements:
``(A) The record is created without reliance on any
part of the voting system used to tabulate votes.
``(B) The record functions as a sampling frame for
conducting a risk-limiting audit.
``(C) The record contains the following information
with respect to the ballots cast and counted in the
election:
``(i) The total number of ballots cast and
counted by the agency (including undervotes,
overvotes, and other invalid votes).
``(ii) The total number of ballots cast in
each election administered by the agency
(including undervotes, overvotes, and other
invalid votes).
``(iii) A precise description of the manner
in which the ballots are physically stored,
including the total number of 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.
``(2) The term `incorrect outcome' means an outcome that
differs from the outcome that would be determined by a full
tabulation of all votes validly cast in the election,
determining voter intent manually, directly from voter-
verifiable paper records.
``(3) The term `outcome' means the winner of an election,
whether a candidate or a position.
``(4) The term `reported outcome' means the outcome of an
election which is determined according to the canvass and which
will become the official, certified outcome unless it is
revised by an audit, recount, or other legal process.
``SEC. 299A. ELIGIBILITY OF STATES.
``A State is eligible to receive a grant under this part if the
State submits to the Commission, at such time and in such form as the
Commission may require, an application containing--
``(1) a certification that, not later than 5 years after
receiving the grant, the State will conduct risk-limiting
audits of the results of elections for Federal office held in
the State as described in section 299;
``(2) a certification that, not later than one year after
the date of the enactment of this section, the chief State
election official of the State has established or will
establish the rules and procedures for conducting the audits
which meet the requirements of section 299(c);
``(3) a certification that the audit shall be completed not
later than the date on which the State certifies the results of
the election;
``(4) a certification that, after completing the audit, the
State shall publish a report on the results of the audit,
together with such information as necessary to confirm that the
audit was conducted properly;
``(5) a certification that, if a risk-limiting audit
conducted under this part leads to a full manual tally of an
election, State law requires that the State or election agency
shall use the results of the full manual tally as the official
results of the election; and
``(6) such other information and assurances as the
Commission may require.
``SEC. 299B. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for grants under this
part $20,000,000 for fiscal year 2021, to remain available until
expended.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by sections 1622(c) and 3001(b), is further amended by adding
at the end of the items relating to subtitle D of title II the
following:
``Part 9--Grants for Conducting Risk-Limiting Audits of Results of
Elections
``Sec. 299. Grants for conducting risk-limiting audits of
results of elections.
``Sec. 299A. Eligibility of States.
``Sec. 299B. Authorization of appropriations.''.
SEC. 3012. GAO ANALYSIS OF EFFECTS OF AUDITS.
(a) Analysis.--Not later than 6 months after the first election for
Federal office is held after grants are first awarded to States for
conducting risk-limiting audits under part 9 of subtitle D of title II
of the Help America Vote Act of 2002 (as added by section 3011) for
conducting risk-limiting audits of elections for Federal office, the
Comptroller General of the United States shall conduct an analysis of
the extent to which such audits have improved the administration of
such elections and the security of election infrastructure in the
States receiving such grants.
(b) Report.--The Comptroller General of the United States shall
submit a report on the analysis conducted under subsection (a) to the
appropriate congressional committees.
PART 3--ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM
SEC. 3021. ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended by adding at the end the following new
section:
``SEC. 321. ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM.
``(a) Establishment.--The Secretary, acting through the Under
Secretary for Science and Technology, in coordination with the Chairman
of the Election Assistance Commission (established pursuant to the Help
America Vote Act of 2002) and in consultation with the Director of the
National Science Foundation and the Director of the National Institute
of Standards and Technology, shall establish a competitive grant
program to award grants to eligible entities, on a competitive basis,
for purposes of research and development that are determined to have
the potential to significantly improve the security (including
cybersecurity), quality, reliability, accuracy, accessibility, and
affordability of election infrastructure, and increase voter
participation.
``(b) Report to Congress.--Not later than 90 days after the
conclusion of each fiscal year for which grants are awarded under this
section, the Secretary shall submit to the Committee on Homeland
Security and the Committee on House Administration of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs and the Committee on Rules and Administration of the Senate a
report describing such grants and analyzing the impact, if any, of such
grants on the security and operation of election infrastructure, and on
voter participation.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $20,000,000 for each of fiscal years 2021
through 2029 for purposes of carrying out this section.
``(d) Eligible Entity Defined.--In this section, the term `eligible
entity' means--
``(1) an institution of higher education (as such term is
defined in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)), including an institution of higher
education that is a historically Black college or university
(which has the meaning given the term ``part B institution'' in
section 322 of such Act (20 U.S.C. 1061)) or other minority-
serving institution listed in section 371(a) of such Act (20
U.S.C. 1067q(a));
``(2) an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax under section
501(a) of such Code; or
``(3) an organization, association, or a for-profit
company, including a small business concern (as such term is
described in section 3 of the Small Business Act (15 U.S.C.
632)), including a small business concern owned and controlled
by socially and economically disadvantaged individuals (as such
term is defined in section 8(d)(3)(C) of the Small Business Act
(15 U.S.C. 637(d)(3)(C)).''.
(b) Definition.--Section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101) is amended--
(1) by redesignating paragraphs (6) through (20) as
paragraphs (7) through (21), respectively; and
(2) by inserting after paragraph (5) the following new
paragraph:
``(6) 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.''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 320 the following new item:
``Sec. 321. Election infrastructure innovation grant program.''.
Subtitle B--Security Measures
SEC. 3101. ELECTION INFRASTRUCTURE DESIGNATION.
Subparagraph (J) of section 2001(3) of the 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. 3102. TIMELY THREAT INFORMATION.
Subsection (d) of section 201 of the Homeland Security Act of 2002
(6 U.S.C. 121) is amended by adding at the end the following new
paragraph:
``(24) To provide timely threat information regarding
election infrastructure to the chief State election official of
the State with respect to which such information pertains.''.
SEC. 3103. SECURITY CLEARANCE ASSISTANCE FOR ELECTION OFFICIALS.
In order to promote the timely sharing of information on threats to
election infrastructure, the Secretary may--
(1) help expedite a security clearance for the chief State
election official and other appropriate State personnel
involved in the administration of elections, as designated by
the chief State election official;
(2) sponsor a security clearance for the chief State
election official and other appropriate State personnel
involved in the administration of elections, as designated by
the chief State election official; and
(3) facilitate the issuance of a temporary clearance to the
chief State election official and other appropriate State
personnel involved in the administration of elections, as
designated by the chief State election official, if the
Secretary determines classified information to be timely and
relevant to the election infrastructure of the State at issue.
SEC. 3104. SECURITY RISK AND VULNERABILITY ASSESSMENTS.
(a) In General.--Paragraph (6) of section 2209(c) of the Homeland
Security Act of 2002 (6 U.S.C. 659(c)) is amended by inserting
``(including by carrying out a security risk and vulnerability
assessment)'' after ``risk management support''.
(b) Prioritization To Enhance Election Security.--
(1) In general.--Not later than 90 days after receiving a
written request from a chief State election official, the
Secretary shall, to the extent practicable, commence a security
risk and vulnerability assessment (pursuant to paragraph (6) of
section 2209(c) of the Homeland Security Act of 2002, as
amended by subsection (a)) on election infrastructure in the
State at issue.
(2) Notification.--If the Secretary, upon receipt of a
request described in paragraph (1), determines that a security
risk and vulnerability assessment referred to in such paragraph
cannot be commenced within 90 days, the Secretary shall
expeditiously notify the chief State election official who
submitted such request.
SEC. 3105. ANNUAL REPORTS.
(a) Reports on Assistance and Assessments.--Not later than 1 year
after the date of the enactment of this Act and annually thereafter
through 2028, the Secretary shall submit to the appropriate
congressional committees--
(1) efforts to carry out section 3103 during the prior
year, including specific information regarding which States
were helped, how many officials have been helped in each State,
how many security clearances have been sponsored in each State,
and how many temporary clearances have been issued in each
State; and
(2) efforts to carry out section 3104 during the prior
year, including specific information regarding which States
were helped, the dates on which the Secretary received a
request for a security risk and vulnerability assessment
referred to in such section, the dates on which the Secretary
commenced each such request, and the dates on which the
Secretary transmitted a notification in accordance with
subsection (b)(2) of such section.
(b) Reports on Foreign Threats.--Not later than 90 days after the
end of each fiscal year (beginning with fiscal year 2021), the
Secretary and the Director of National Intelligence, in coordination
with the heads of appropriate offices of the Federal Government, shall
submit to the appropriate congressional committees a joint report on
foreign threats, including physical and cybersecurity threats, to
elections in the United States.
(c) Information From States.--For purposes of preparing the reports
required under this section, the Secretary shall solicit and consider
information and comments from States and election agencies, except that
the provision of such information and comments by a State or election
agency shall be voluntary and at the discretion of the State or
election agency.
SEC. 3106. PRE-ELECTION THREAT ASSESSMENTS.
(a) Submission of Assessment by DNI.--Not later than 180 days
before the date of each regularly scheduled general election for
Federal office, the Director of National Intelligence shall submit an
assessment of the full scope of threats, including cybersecurity
threats posed by state actors and terrorist groups, to election
infrastructure and recommendations to address or mitigate such threats,
as developed by the Secretary and Chairman, to--
(1) the chief State election official of each State;
(2) the appropriate congressional committees; and
(3) any other relevant congressional committees.
(b) Updates to Initial Assessments.--If, at any time after
submitting an assessment with respect to an election under subsection
(a), the Director of National Intelligence determines that the
assessment should be updated to reflect new information regarding the
threats involved, the Director shall submit a revised assessment under
such subsection.
(c) Definitions.--In this section:
(1) The term ``Chairman'' means the chair of the Election
Assistance Commission.
(2) The term ``chief State election official'' means, with
respect to a State, the individual designated by the State
under section 10 of the National Voter Registration Act of 1993
(52 U.S.C. 20509) to be responsible for coordination of the
State's responsibilities under such Act.
(3) The term ``election 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.
(4) The term ``Secretary'' means the Secretary of Homeland
Security.
(5) The term ``State'' has the meaning given such term in
section 901 of the Help America Vote Act of 2002 (52 U.S.C.
21141).
(d) Effective Date.--This subtitle shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2022 and each succeeding regularly scheduled general election
for Federal office.
Subtitle C--Enhancing Protections for United States Democratic
Institutions
SEC. 3201. NATIONAL STRATEGY TO PROTECT UNITED STATES DEMOCRATIC
INSTITUTIONS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the President, acting through the Secretary, in
consultation with the Chairman, the Secretary of Defense, the Secretary
of State, the Attorney General, the Secretary of Education, the
Director of National Intelligence, the Chairman of the Federal Election
Commission, and the heads of any other appropriate Federal agencies,
shall issue a national strategy to protect against cyber attacks,
influence operations, disinformation campaigns, and other activities
that could undermine the security and integrity of United States
democratic institutions.
(b) Considerations.--The national strategy required under
subsection (a) shall include consideration of the following:
(1) The threat of a foreign state actor, foreign terrorist
organization (as designated pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189)), or a domestic
actor carrying out a cyber attack, influence operation,
disinformation campaign, or other activity aimed at undermining
the security and integrity of United States democratic
institutions.
(2) The extent to which United States democratic
institutions are vulnerable to a cyber attack, influence
operation, disinformation campaign, or other activity aimed at
undermining the security and integrity of such democratic
institutions.
(3) Potential consequences, such as an erosion of public
trust or an undermining of the rule of law, that could result
from a successful cyber attack, influence operation,
disinformation campaign, or other activity aimed at undermining
the security and integrity of United States democratic
institutions.
(4) Lessons learned from other governments the institutions
of which were subject to a cyber attack, influence operation,
disinformation campaign, or other activity aimed at undermining
the security and integrity of such institutions, as well as
actions that could be taken by the United States Government to
bolster collaboration with foreign partners to detect, deter,
prevent, and counter such activities.
(5) Potential impacts, such as an erosion of public trust
in democratic institutions, as could be associated with a
successful cyber breach or other activity negatively affecting
election infrastructure.
(6) Roles and responsibilities of the Secretary, the
Chairman, and the heads of other Federal entities and non-
Federal entities, including chief State election officials and
representatives of multi-state information sharing and analysis
centers.
(7) Any findings, conclusions, and recommendations to
strengthen protections for United States democratic
institutions that have been agreed to by a majority of
Commission members on the National Commission to Protect United
States Democratic Institutions, authorized pursuant to section
3202.
(c) Implementation Plan.--Not later than 90 days after the issuance
of the national strategy required under subsection (a), the President,
acting through the Secretary, in coordination with the Chairman, shall
issue an implementation plan for Federal efforts to implement such
strategy that includes the following:
(1) Strategic objectives and corresponding tasks.
(2) Projected timelines and costs for the tasks referred to
in paragraph (1).
(3) Metrics to evaluate performance of such tasks.
(d) Classification.--The national strategy required under
subsection (a) shall be in unclassified form.
(e) Civil Rights Review.--Not later than 60 days after the issuance
of the national strategy required under subsection (a), and not later
than 60 days after the issuance of the implementation plan required
under subsection (c), the Privacy and Civil Liberties Oversight Board
(established under section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee)) shall submit to
Congress a report on any potential privacy and civil liberties impacts
of such strategy and implementation plan, respectively.
SEC. 3202. NATIONAL COMMISSION TO PROTECT UNITED STATES DEMOCRATIC
INSTITUTIONS.
(a) Establishment.--There is established within the legislative
branch the National Commission to Protect United States Democratic
Institutions (in this section referred to as the ``Commission'').
(b) Purpose.--The purpose of the Commission is to counter efforts
to undermine democratic institutions within the United States.
(c) Composition.--
(1) Membership.--The Commission shall be composed of 10
members appointed for the life of the Commission as follows:
(A) One member shall be appointed by the Secretary.
(B) One member shall be appointed by the Chairman.
(C) Two members shall be appointed by the majority
leader of the Senate, in consultation with the Chairman
of the Committee on Homeland Security and Governmental
Affairs, the Chairman of the Committee on the
Judiciary, and the Chairman of the Committee on Rules
and Administration.
(D) Two members shall be appointed by the minority
leader of the Senate, in consultation with the ranking
minority member of the Committee on Homeland Security
and Governmental Affairs, the ranking minority member
of the Committee on the Judiciary, and the ranking
minority member of the Committee on Rules and
Administration.
(E) Two members shall be appointed by the Speaker
of the House of Representatives, in consultation with
the Chairman of the Committee on Homeland Security, the
Chairman of the Committee on House Administration, and
the Chairman of the Committee on the Judiciary.
(F) Two members shall be appointed by the minority
leader of the House of Representatives, in consultation
with the ranking minority member of the Committee on
Homeland Security, the ranking minority member of the
Committee on the Judiciary, and the ranking minority
member of the Committee on House Administration.
(2) Qualifications.--Individuals shall be selected for
appointment to the Commission solely on the basis of their
professional qualifications, achievements, public stature,
experience, and expertise in relevant fields, including
cybersecurity, national security, and the Constitution of the
United States.
(3) No compensation for service.--Members may not receive
compensation for service on the Commission, but shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with chapter 57 of title 5, United States Code.
(4) Deadline for appointment.--All members of the
Commission shall be appointed not later than 60 days after the
date of the enactment of this Act.
(5) Vacancies.--A vacancy on the Commission shall not
affect its powers and shall be filled in the manner in which
the original appointment was made. The appointment of the
replacement member shall be made not later than 60 days after
the date on which the vacancy occurs.
(d) Chair and Vice Chair.--The Commission shall elect a Chair and
Vice Chair from among its members.
(e) Quorum and Meetings.--
(1) Quorum.--The Commission shall meet and begin the
operations of the Commission not later than 30 days after the
date on which all members have been appointed or, if such
meeting cannot be mutually agreed upon, on a date designated by
the Speaker of the House of Representatives and the President
pro Tempore of the Senate. Each subsequent meeting shall occur
upon the call of the Chair or a majority of its members. A
majority of the members of the Commission shall constitute a
quorum, but a lesser number may hold meetings.
(2) Authority of individuals to act for commission.--Any
member of the Commission may, if authorized by the Commission,
take any action that the Commission is authorized to take under
this section.
(f) Powers.--
(1) Hearings and evidence.--The Commission (or, on the
authority of the Commission, any subcommittee or member
thereof) may, for the purpose of carrying out this section,
hold hearings and sit and act at such times and places, take
such testimony, receive such evidence, and administer such
oaths as the Commission considers advisable to carry out its
duties.
(2) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter into
contracts to enable the Commission to discharge its duties
under this section.
(g) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance provided under paragraph (1), the Department of
Homeland Security, the Election Assistance Commission, and
other appropriate departments and agencies of the United States
shall provide to the Commission such services, funds,
facilities, and staff as they may determine advisable and as
may be authorized by law.
(h) Public Meetings.--Any public meetings of the Commission shall
be conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.
(i) Security Clearances.--
(1) In general.--The heads of appropriate departments and
agencies of the executive branch shall cooperate with the
Commission to expeditiously provide Commission members and
staff with appropriate security clearances to the extent
possible under applicable procedures and requirements.
(2) Preferences.--In appointing staff, obtaining detailees,
and entering into contracts for the provision of services for
the Commission, the Commission shall give preference to
individuals who have active security clearances.
(j) Reports.--
(1) Interim reports.--At any time prior to the submission
of the final report under paragraph (2), the Commission may
submit interim reports to the President and Congress containing
such findings, conclusions, and recommendations to strengthen
protections for democratic institutions in the United States as
have been agreed to by a majority of the members of the
Commission.
(2) Final report.--Not later than 18 months after the date
of the first meeting of the Commission, the Commission shall
submit to the President and Congress a final report containing
such findings, conclusions, and recommendations to strengthen
protections for democratic institutions in the United States as
have been agreed to by a majority of the members of the
Commission.
(k) Termination.--
(1) In general.--The Commission shall terminate upon the
expiration of the 60-day period which begins on the date on
which the Commission submits the final report required under
subsection (j)(2).
(2) Administrative activities prior to termination.--During
the 60-day period referred to in paragraph (1), the Commission
may carry out such administrative activities as may be required
to conclude its work, including providing testimony to
committees of Congress concerning the final report and
disseminating the final report.
Subtitle D--Promoting Cybersecurity Through Improvements in Election
Administration
SEC. 3301. TESTING OF EXISTING VOTING SYSTEMS TO ENSURE COMPLIANCE WITH
ELECTION CYBERSECURITY GUIDELINES AND OTHER GUIDELINES.
(a) Requiring Testing of Existing Voting Systems.--
(1) In general.--Section 231(a) of the Help America Vote
Act of 2002 (52 U.S.C. 20971(a)) is amended by adding at the
end the following new paragraph:
``(3) Testing to ensure compliance with guidelines.--
``(A) Testing.--Not later than 9 months before the
date of each regularly scheduled general election for
Federal office, the Commission shall provide for the
testing by accredited laboratories under this section
of the voting system hardware and software which was
certified for use in the most recent such election, on
the basis of the most recent voting system guidelines
applicable to such hardware or software (including
election cybersecurity guidelines) issued under this
Act.
``(B) Decertification of hardware or software
failing to meet guidelines.--If, on the basis of the
testing described in subparagraph (A), the Commission
determines that any voting system hardware or software
does not meet the most recent guidelines applicable to
such hardware or software issued under this Act, the
Commission shall decertify such hardware or
software.''.
(2) Effective date.--The amendment made by paragraph (1)
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) Issuance of Cybersecurity Guidelines by Technical Guidelines
Development Committee.--Section 221(b) of the Help America Vote Act of
2002 (52 U.S.C. 20961(b)) is amended by adding at the end the following
new paragraph:
``(3) Election cybersecurity guidelines.--Not later than 6
months after the date of the enactment of this paragraph, the
Development Committee shall issue election cybersecurity
guidelines, including standards and best practices for
procuring, maintaining, testing, operating, and updating
election systems to prevent and deter cybersecurity
incidents.''.
(c) Blockchain Technology Study and Report.--
(1) In general.--The Election Assistance Commission shall
conduct a study with respect to the use of blockchain
technology to enhance voter security in an election for Federal
office.
(2) Report.--Not later than 90 days after the date of
enactment of this Act, the Commission shall submit to Congress
a report on the study conducted under paragraph (1).
SEC. 3302. TREATMENT OF ELECTRONIC POLL BOOKS AS PART OF VOTING
SYSTEMS.
(a) Inclusion in Definition of Voting System.--Section 301(b) of
the Help America Vote Act of 2002 (52 U.S.C. 21081(b)) is amended--
(1) in the matter preceding paragraph (1), by striking
``this section'' and inserting ``this Act'';
(2) by striking ``and'' at the end of paragraph (1);
(3) by redesignating paragraph (2) as paragraph (3); and
(4) by inserting after paragraph (1) the following new
paragraph:
``(2) any electronic poll book used with respect to the
election; and''.
(b) Definition.--Section 301 of such Act (52 U.S.C. 21081) is
amended--
(1) by redesignating subsections (d) and (d) as subsections
(d) and (e); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Electronic Poll Book Defined.--In this Act, 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--
``(1) to retain the list of registered voters at a polling
location, or vote center, or other location at which voters
cast votes in an election for Federal office; and
``(2) to identify registered voters who are eligible to
vote in an election.''.
(c) Effective Date.--Section 301(e) of such Act (52 U.S.C.
21081(e)), as redesignated by subsection (b), is amended by striking
the period at the end and inserting the following: ``, or, with respect
to any requirements relating to electronic poll books, on and after
January 1, 2022.''.
SEC. 3303. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.
(a) Requiring States To Submit Reports.--Title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by
inserting after section 301 the following new section:
``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.
``(b) Effective Date.--Subsection (a) shall apply with respect to
the regularly scheduled general election for Federal office held in
November 2022 and each succeeding regularly scheduled general election
for Federal office.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 301 the
following new item:
``Sec. 301A. Pre-election reports on voting system usage.''.
SEC. 3304. STREAMLINING COLLECTION OF ELECTION INFORMATION.
Section 202 of the Help America Vote Act of 2002 (52 U.S.C. 20922)
is amended--
(1) by striking ``The Commission'' and inserting ``(a) In
General.--The Commission''; and
(2) by adding at the end the following new subsection:
``(b) Waiver of Certain Requirements.--Subchapter I of chapter 35
of title 44, United States Code, shall not apply to the collection of
information for purposes of maintaining the clearinghouse described in
paragraph (1) of subsection (a).''.
SEC. 3305. EXEMPTION OF CYBERSECURITY ASSISTANCE FROM LIMITATIONS ON
AMOUNT OF COORDINATED POLITICAL PARTY EXPENDITURES.
(a) Exemption.--Section 315(d)(5) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30116(d)(5)) is amended--
(1) by striking ``(5)'' and inserting ``(5)(A)'';
(2) by striking the period at the end and inserting ``, or
to expenditures (whether provided as funds or provided as in-
kind services) for secure information communications technology
or for a cybersecurity product or service or for any other
product or service which assists in responding to threats or
harassment online.''; and
(3) by adding at the end the following new subparagraph:
``(B) In subparagraph (A)--
``(i) the term `secure information communications
technology' means a commercial-off-the-shelf computing device
which has been configured to restrict unauthorized access and
uses publicly-available baseline configurations; and
``(ii) the term `cybersecurity product or service' means a
product or service which helps an organization to achieve the
set of standards, guidelines, best practices, methodologies,
procedures, and processes to cost-effectively identify, detect,
protect, respond to, and recover from cyber risks as developed
by the National Institute of Standards and Technology pursuant
to subsections (c)(15) and (e) of section 2 of the National
Institute of Standards and Technology Act (15 U.S.C. 272).''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to expenditures made on or after the date of the
enactment of this Act.
Subtitle E--Preventing Election Hacking
SEC. 3401. SHORT TITLE.
This subtitle may be cited as the ``Prevent Election Hacking Act of
2021''.
SEC. 3402. ELECTION SECURITY BUG BOUNTY PROGRAM.
(a) Establishment.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall establish a program to be
known as the ``Election Security Bug Bounty Program'' (in this subtitle
referred to as the ``Program'') to improve the cybersecurity of the
systems used to administer elections for Federal office by facilitating
and encouraging assessments by independent technical experts, in
cooperation with State and local election officials and election
service providers, to identify and report election cybersecurity
vulnerabilities.
(b) Voluntary Participation by Election Officials and Election
Service Providers.--
(1) No requirement to participate in program.--
Participation in the Program shall be entirely voluntary for
State and local election officials and election service
providers.
(2) Encouraging participation and input from election
officials.--In developing the Program, the Secretary shall
solicit input from, and encourage participation by, State and
local election officials.
(c) Activities Funded.--In establishing and carrying out the
Program, the Secretary shall--
(1) establish a process for State and local election
officials and election service providers to voluntarily
participate in the Program;
(2) designate appropriate information systems to be
included in the Program;
(3) provide compensation to eligible individuals,
organizations, and companies for reports of previously
unidentified security vulnerabilities within the information
systems designated under paragraph (2) and establish criteria
for individuals, organizations, and companies to be considered
eligible for such compensation in compliance with Federal laws;
(4) consult with the Attorney General on how to ensure that
approved individuals, organizations, and companies that comply
with the requirements of the Program are protected from
prosecution under section 1030 of title 18, United States Code,
and similar provisions of law, and from liability under civil
actions for specific activities authorized under the Program;
(5) consult with the Secretary of Defense and the heads of
other departments and agencies that have implemented programs
to provide compensation for reports of previously undisclosed
vulnerabilities in information systems, regarding lessons that
may be applied from such programs;
(6) develop an expeditious process by which an individual,
organization, or company can register with the Department,
submit to a background check as determined by the Department,
and receive a determination regarding eligibility for
participation in the Program; and
(7) engage qualified interested persons, including
representatives of private entities, about the structure of the
Program and, to the extent practicable, establish a recurring
competition for independent technical experts to assess
election systems for the purpose of identifying and reporting
election cybersecurity vulnerabilities.
(d) Use of Service Providers.--The Secretary may award competitive
contracts as necessary to manage the Program.
(e) Definitions.--In this section:
(1) The term ``Department'' means the Department of
Homeland Security.
(2) The terms ``election'' and ``Federal office'' have the
meanings given such terms in section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101).
(3) The term ``election cybersecurity vulnerability'' means
any security vulnerability that affects an election system.
(4) The term ``election infrastructure'' has the meaning
given such term in paragraph (6) of section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101), as added by section 3021
of this title.
(5) The term ``election service provider'' means any person
providing, supporting, or maintaining an election system on
behalf of a State or local election official, such as a
contractor or vendor.
(6) The term ``election system'' means any information
system which is part of an election infrastructure.
(7) The term ``information system'' has the meaning given
such term in section 3502 of title 44, United States Code.
(8) The term ``Secretary'' means the Secretary of Homeland
Security, or, upon designation by the Secretary of Homeland
Security, the Deputy Secretary of Homeland Security, the
Director of Cybersecurity and Infrastructure Security of the
Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security, or a Senate-confirmed official
who reports to the Director.
(9) The term ``security vulnerability'' has the meaning
given such term in section 102 of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1501).
(10) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the Commonwealth of Northern Mariana
Islands, and the United States Virgin Islands.
(11) The term ``voting system'' has the meaning given such
term in section 301(b) of the Help America Vote Act of 2002 (52
U.S.C. 21081(b)).
Subtitle F--Election Security Grants Advisory Committee
SEC. 3501. ESTABLISHMENT OF ADVISORY COMMITTEE.
(a) In General.--Subtitle A of title II of the Help America Vote
Act of 2002 (52 U.S.C. 20921 et seq.) is amended by adding at the end
the following:
``PART 4--ELECTION SECURITY GRANTS ADVISORY COMMITTEE
``SEC. 225. ELECTION SECURITY GRANTS ADVISORY COMMITTEE.
``(a) Establishment.--There is hereby established an advisory
committee (hereinafter in this part referred to as the `Committee') to
assist the Commission with respect to the award of grants to States
under this Act for the purpose of election security.
``(b) Duties.--
``(1) In general.--The Committee shall, with respect to an
application for a grant received by the Commission--
``(A) review such application; and
``(B) recommend to the Commission whether to award
the grant to the applicant.
``(2) Considerations.--In reviewing an application pursuant
to paragraph (1)(A), the Committee shall consider--
``(A) the record of the applicant with respect to--
``(i) compliance of the applicant with the
requirements under subtitle A of title III; and
``(ii) adoption of voluntary guidelines
issued by the Commission under subtitle B of
title III; and
``(B) the goals and requirements of election
security as described in title III of the For the
People Act.
``(c) Membership.--The Committee shall be composed of 15
individuals appointed by the Executive Director of the Commission with
experience and expertise in election security.
``(d) No Compensation for Service.--Members of the Committee shall
not receive any compensation for their service, but shall be paid
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Committee.''.
(b) Effective Date.--The amendments made by this section shall take
effect 1 year after the date of enactment of this Act.
Subtitle G--Miscellaneous Provisions
SEC. 3601. DEFINITIONS.
Except as provided in section 3402, in this title, the following
definitions apply:
(1) The term ``Chairman'' means the chair of the Election
Assistance Commission.
(2) The term ``appropriate congressional committees'' means
the Committees on Homeland Security and House Administration of
the House of Representatives and the Committees on Homeland
Security and Governmental Affairs and Rules and Administration
of the Senate.
(3) 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.
(4) The term ``Commission'' means the Election Assistance
Commission.
(5) The term ``democratic institutions'' means the diverse
range of institutions that are essential to ensuring an
independent judiciary, free and fair elections, and rule of
law.
(6) 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.
(7) 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.
(8) The term ``Secretary'' means the Secretary of Homeland
Security.
(9) The term ``State'' has the meaning given such term in
section 901 of the Help America Vote Act of 2002 (52 U.S.C.
21141).
SEC. 3602. INITIAL REPORT ON ADEQUACY OF RESOURCES AVAILABLE FOR
IMPLEMENTATION.
Not later than 120 days after enactment of this Act, the Chairman
and the Secretary shall submit a report to the appropriate committees
of Congress, including the Committees on Homeland Security and House
Administration of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate, analyzing the
adequacy of the funding, resources, and personnel available to carry
out this title and the amendments made by this title.
Subtitle H--Use of Voting Machines Manufactured in the United States
SEC. 3701. USE OF VOTING MACHINES MANUFACTURED IN THE UNITED STATES.
(a) Requirement.--Section 301(a) of the Help America Vote Act of
2002 (52 U.S.C. 21081(a)), as amended by section 1504, section 1505,
and section 1507, is further amended by adding at the end the following
new paragraph:
``(10) Voting machine requirements.--By not later than the
date of the regularly scheduled general election for Federal
office occurring in November 2024, each State shall seek to
ensure that any voting machine used in such election and in any
subsequent election for Federal office is manufactured 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
1508, is amended by striking ``paragraph (2)'' and inserting
``subsection (a)(10) and paragraph (2)''.
Subtitle I--Study and Report on Bots
SEC. 3801. SHORT TITLE.
This subtitle may be cited as the ``Bots Research Act''.
SEC. 3802. TASK FORCE.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Election Assistance Commission, in
consultation with the Cybersecurity and Infrastructure Security Agency,
shall establish a task force to carry out the study and report required
under section 3803.
(b) Number and Appointment.--The task force shall be comprised of
the following:
(1) At least 1 expert representing the Government.
(2) At least 1 expert representing academia.
(3) At least 1 expert representing non-profit
organizations.
(4) At least 1 expert representing the social media
industry.
(5) At least 1 election official.
(6) Any other expert that the Commission determines
appropriate.
(c) Qualifications.--The Commission shall select task force members
to serve by virtue of their expertise in automation technology.
(d) Deadline for Appointment.--Not later than 90 days after the
date of enactment of this Act, the Commission shall appoint the members
of the task force.
(e) Compensation.--Members of the task force shall serve without
pay and shall not receive travel expenses.
(f) Task Force Support.--The Commission shall ensure appropriate
staff and officials of the Commission are available to support any task
force-related work.
SEC. 3803. STUDY AND REPORT.
(a) Study.--The task force established in this subtitle shall
conduct a study of the impact of automated accounts on social media,
public discourse, and elections. Such study shall include an assessment
of--
(1) what qualifies as a bot or automated account;
(2) the extent to which automated accounts are used;
(3) how the automated accounts are used; and
(4) how to most effectively combat any use of automated
accounts that negatively effects social media, public
discourse, and elections while continuing to promote the
protection of the First Amendment on the internet.
(b) Task Force Considerations.--In carrying out the requirements of
this section, the task force shall consider, at a minimum--
(1) the promotion of technological innovation;
(2) the protection of First Amendment and other
constitutional rights of social media users;
(3) the need to improve cybersecurity to ensure the
integrity of elections; and
(4) the importance of continuously reviewing relevant
regulations to ensure that such regulations respond effectively
to changes in technology.
(c) Report.--Not later than 1 year after the establishment of the
task force, the task force shall develop and submit to Congress and
relevant Federal agencies the results and conclusions of the study
conducted under subsection (a).
Subtitle J--Severability
SEC. 3901. 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--CAMPAIGN FINANCE
TITLE IV--CAMPAIGN FINANCE TRANSPARENCY
Subtitle A--Establishing Duty To Report Foreign Election Interference
Sec. 4001. Findings relating to illicit money undermining our
democracy.
Sec. 4002. Federal campaign reporting of foreign contacts.
Sec. 4003. Federal campaign foreign contact reporting compliance
system.
Sec. 4004. Criminal penalties.
Sec. 4005. Report to congressional intelligence committees.
Sec. 4006. Rule of construction.
Subtitle B--DISCLOSE Act
Sec. 4100. Short title.
Part 1--Closing Loopholes Allowing Spending by Foreign Nationals in
Elections
Sec. 4101. Clarification of prohibition on participation by foreign
nationals in election-related activities.
Sec. 4102. Clarification of application of foreign money ban to certain
disbursements and activities.
Sec. 4103. Audit and report on illicit foreign money in Federal
elections.
Sec. 4104. Prohibition on contributions and donations by foreign
nationals in connections with ballot
initiatives and referenda.
Sec. 4105. Disbursements and activities subject to foreign money ban.
Sec. 4106. Prohibiting establishment of corporation to conceal election
contributions and donations by foreign
nationals.
Part 2--Reporting of Campaign-Related Disbursements
Sec. 4111. Reporting of campaign-related disbursements.
Sec. 4112. Application of foreign money ban to disbursements for
campaign-related disbursements consisting
of covered transfers.
Sec. 4113. Effective date.
Part 3--Other Administrative Reforms
Sec. 4121. Petition for certiorari.
Sec. 4122. Judicial review of actions related to campaign finance laws.
Part 4--Disclosure of Contributions to Political Committees Immediately
Prior to Election
Sec. 4131. Disclosure of contributions to political committees
immediately prior to election.
Subtitle C--Strengthening Oversight of Online Political Advertising
Sec. 4201. Short title.
Sec. 4202. Purpose.
Sec. 4203. Findings.
Sec. 4204. Sense of Congress.
Sec. 4205. Expansion of definition of public communication.
Sec. 4206. Expansion of definition of electioneering communication.
Sec. 4207. Application of disclaimer statements to online
communications.
Sec. 4208. Political record requirements for online platforms.
Sec. 4209. Preventing contributions, expenditures, independent
expenditures, and disbursements for
electioneering communications by foreign
nationals in the form of online
advertising.
Sec. 4210. Independent study on media literacy and online political
content consumption.
Sec. 4211. Requiring online platforms to display notices identifying
sponsors of political advertisements and to
ensure notices continue to be present when
advertisements are shared.
Subtitle D--Stand By Every Ad
Sec. 4301. Short title.
Sec. 4302. Stand by every ad.
Sec. 4303. Disclaimer requirements for communications made through
prerecorded telephone calls.
Sec. 4304. No expansion of persons subject to disclaimer requirements
on internet communications.
Sec. 4305. Effective date.
Subtitle E--Deterring Foreign Interference in Elections
Part 1--Deterrence Under Federal Election Campaign Act of 1971
Sec. 4401. Restrictions on exchange of campaign information between
candidates and foreign powers.
Sec. 4402. Clarification of standard for determining existence of
coordination between campaigns and outside
interests.
Sec. 4403. Prohibition on provision of substantial assistance relating
to contribution or donation by foreign
nationals.
Sec. 4404. Clarification of application of foreign money ban.
Part 2--Notifying States of Disinformation Campaigns by Foreign
Nationals
Sec. 4411. Notifying States of disinformation campaigns by foreign
nationals.
Part 3--Prohibiting Use of Deepfakes in Election Campaigns
Sec. 4421. Prohibition on distribution of materially deceptive audio or
visual media prior to election.
Part 4--Assessment of Exemption of Registration Requirements Under FARA
for Registered Lobbyists
Sec. 4431. Assessment of exemption of registration requirements under
FARA for registered lobbyists.
Subtitle F--Secret Money Transparency
Sec. 4501. Repeal of restriction of use of funds by Internal Revenue
Service to bring transparency to political
activity of certain nonprofit
organizations.
Sec. 4502. Repeal of regulations.
Subtitle G--Shareholder Right-to-Know
Sec. 4601. Repeal of restriction on use of funds by Securities and
Exchange Commission to ensure shareholders
of corporations have knowledge of
corporation political activity.
Sec. 4602. Assessment of shareholder preferences for disbursements for
political purposes.
Sec. 4603. Governance and operations of corporate PACs.
Subtitle H--Disclosure of Political Spending by Government Contractors
Sec. 4701. Repeal of restriction on use of funds to require disclosure
of political spending by government
contractors.
Subtitle I--Limitation and Disclosure Requirements for Presidential
Inaugural Committees
Sec. 4801. Short title.
Sec. 4802. Limitations and disclosure of certain donations to, and
disbursements by, Inaugural Committees.
Subtitle J--Miscellaneous Provisions
Sec. 4901. Effective dates of provisions.
Sec. 4902. Severability.
Subtitle A--Establishing Duty To Report Foreign Election Interference
SEC. 4001. 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 anti-corruption laws and regulations.
SEC. 4002. FEDERAL CAMPAIGN REPORTING OF FOREIGN CONTACTS.
(a) Initial Notice.--
(1) In general.--Section 304 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30104) is amended by adding at
the end the following new subsection:
``(j) Disclosure of Reportable Foreign 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 amendment made by paragraph (1)
shall apply with respect to reports filed on or after the
expiration of the 60-day period which begins on the date of the
enactment of this Act.
SEC. 4003. FEDERAL CAMPAIGN FOREIGN CONTACT 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. 4004. 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. 4005. 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 4002(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. 4006. 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 B--DISCLOSE Act
SEC. 4100. 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. 4101. CLARIFICATION OF PROHIBITION ON PARTICIPATION BY FOREIGN
NATIONALS IN ELECTION-RELATED ACTIVITIES.
(a) Clarification of Prohibition.--Section 319(a) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30121(a)) is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) a foreign national to direct, dictate, control, or
directly or indirectly participate in the decision making
process of any person (including a corporation, labor
organization, political committee, or political organization)
with regard to such person's Federal or non-Federal election-
related activity, including any decision concerning the making
of contributions, donations, expenditures, or disbursements in
connection with an election for any Federal, State, or local
office or any decision concerning the administration of a
political committee.''.
(b) Certification of Compliance.--Section 319 of such Act (52
U.S.C. 30121) is amended by adding at the end the following new
subsection:
``(c) Certification of Compliance Required Prior To Carrying Out
Activity.--Prior to the making in connection with an election for
Federal office of any contribution, donation, expenditure, independent
expenditure, or disbursement for an electioneering communication by a
corporation, labor organization (as defined in section 316(b)), limited
liability corporation, or partnership during a year, the chief
executive officer of the corporation, labor organization, limited
liability corporation, or partnership (or, if the corporation, labor
organization, limited liability corporation, or partnership does not
have a chief executive officer, the highest ranking official of the
corporation, labor organization, limited liability corporation, or
partnership), shall file a certification with the Commission, under
penalty of perjury, that a foreign national did not direct, dictate,
control, or directly or indirectly participate in the decision making
process relating to such activity in violation of subsection (a)(3),
unless the chief executive officer has previously filed such a
certification during that calendar year.''.
(c) Effective Date.--The amendments made by this section shall take
effect upon the expiration of the 180-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.
SEC. 4102. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN TO CERTAIN
DISBURSEMENTS AND ACTIVITIES.
(a) Application to Disbursements to Super PACs and Other Persons.--
Section 319(a)(1)(A) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30121(a)(1)(A)) is amended by striking the semicolon and
inserting the following: ``, including 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));''.
(b) Conditions Under Which Corporate PACs May Make Contributions
and Expenditures.--Section 316(b) of such Act (52 U.S.C. 30118(b)) is
amended by adding at the end the following new paragraph:
``(8) A separate segregated fund established by a corporation may
not make a contribution or expenditure during a year unless the fund
has certified to the Commission the following during the year:
``(A) Each individual who manages the fund, and who is
responsible for exercising decisionmaking authority for the
fund, is a citizen of the United States or is lawfully admitted
for permanent residence in the United States.
``(B) No foreign national under section 319 participates in
any way in the decisionmaking processes of the fund with regard
to contributions or expenditures under this Act.
``(C) The fund does not solicit or accept recommendations
from any foreign national under section 319 with respect to the
contributions or expenditures made by the fund.
``(D) Any member of the board of directors of the
corporation who is a foreign national under section 319
abstains from voting on matters concerning the fund or its
activities.''.
SEC. 4103. 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.), as amended by section 1821, is further
amended by inserting after section 319A the following new section:
``SEC. 319B. 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. 4104. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN
NATIONALS IN CONNECTIONS WITH BALLOT INITIATIVES AND
REFERENDA.
(a) In General.--Section 319(a)(1)(A) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is amended by striking
``State, or local election'' and inserting the following: ``State, or
local election, including a State or local ballot initiative or
referendum''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to elections held in 2022 or any succeeding year.
SEC. 4105. 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 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); and
``(J) a disbursement for a Federal judicial
nomination communication (as defined in section
324(d)(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. 4106. 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 1071(a) and section 1201(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 1071(b) and section
1201(b), is amended by inserting after the item relating to section 613
the following:
``614. Establishment of corporation to conceal election contributions
and donations by foreign nationals.''.
PART 2--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS
SEC. 4111. REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS.
(a) Disclosure Requirements for Corporations, Labor Organizations,
and Certain Other Entities.--
(1) 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 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 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, except that in the case of a campaign-
related disbursement for a Federal judicial nomination
communication, such term means any calendar year in
which the campaign-related disbursement is made.
``(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) Any public communication which 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.
``(C) An electioneering communication, as defined
in section 304(f)(3).
``(D) A Federal judicial nomination communication.
``(E) A covered transfer.
``(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.
``(3) Exception.--The term `campaign-related disbursement'
does 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.
``(4) Intent not required.--A disbursement for an item
described in subparagraph (A), (B), (C), (D), or (E) 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;
``(D) made campaign-related disbursements (other
than a covered transfer) in an aggregate amount of
$50,000 or more during the 2-year period ending on the
date of the transfer or payment, or knew or had reason
to know that the person receiving the transfer or
payment made such disbursements in such an aggregate
amount during that 2-year period; or
``(E) 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.--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.''.
(2) 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''.
(b) Coordination With FinCEN.--
(1) 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 added by
this section.
(2) 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. 4112. APPLICATION OF FOREIGN MONEY BAN TO DISBURSEMENTS FOR
CAMPAIGN-RELATED DISBURSEMENTS CONSISTING OF COVERED
TRANSFERS.
Section 319(a)(1)(A) of the Federal Election Campaign Act of 1971
(52 U.S.C. 30121(a)(1)(A)), as amended by section 4102, is amended by
striking the semicolon at the end and inserting the following: ``, and
any disbursement, other than an 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. 4113. 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. 4121. 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. 4122. 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.--Notwithstanding section 373(f), 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 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.
PART 4--DISCLOSURE OF CONTRIBUTIONS TO POLITICAL COMMITTEES IMMEDIATELY
PRIOR TO ELECTION
SEC. 4131. DISCLOSURE OF CONTRIBUTIONS TO POLITICAL COMMITTEES
IMMEDIATELY PRIOR TO ELECTION.
(a) Disclosure.--Section 304(a)(6) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30104(a)(6)) is amended--
(1) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F); and
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D)(i) A political committee, including a super PAC, shall notify
the Commission of any contribution or donation of more than $5,000
received by the committee during the period beginning on the 20th day
before any election in connection with which the committee makes a
contribution or expenditure and ending 48 hours before such an
election.
``(ii) The committee shall make the notification under clause (i)
not later than 48 hours after the receipt of the contribution or
donation involved, and shall include the name of the committee, the
name of the person making the contribution or donation, and the date
and amount of the contribution or donation.
``(iii) For purposes of this subparagraph, a pledge, promise,
understanding, or agreement to make a contribution or expenditure with
respect to an election shall be treated as the making of a contribution
or expenditure with respect to the election.
``(iv) This subparagraph does not apply to an authorized committee
of a candidate or any committee of a political party.
``(v) In this subparagraph, the term `super PAC' means a political
committee which accepts donations or contributions that do not comply
with the limitations, prohibitions, and reporting requirements of this
Act, and includes an account of such a committee which is established
for the purpose of accepting such donations or contributions.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to elections occurring during 2022 or any succeeding
year.
Subtitle C--Strengthening Oversight of Online Political Advertising
SEC. 4201. SHORT TITLE.
This subtitle may be cited as the ``Honest Ads Act''.
SEC. 4202. 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. 4203. FINDINGS.
Congress makes the following findings:
(1) 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''.
(2) 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.''.
(3) 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.
(4) 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 * * *''.
(5) In 2002, the Bipartisan Campaign Reform Act 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.''.
(6) 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.
(7) 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 Americans 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.
(8) 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.
(9) 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.
(10) In its 2006 rulemaking, the Federal Election
Commission noted that only 18 percent of all Americans cited
the internet as their leading source of news about the 2004
Presidential election; by contrast, the Pew Research Center
found that 65 percent of Americans identified an internet-based
source as their leading source of information for the 2016
election.
(11) The Federal Election Commission, the independent
Federal agency charged with protecting the integrity of the
Federal campaign finance process by providing transparency and
administering campaign finance laws, has failed to take action
to address online political advertisements.
(12) 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.''.
(13) 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. 4204. 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 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. 4205. 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''.
SEC. 4206. 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.
SEC. 4207. 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''.
SEC. 4208. 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 4002, 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.--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.
``(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, the number of views by unique
individuals generated by the advertisement, the number
of times the advertisement was shared, and the date and
time that the advertisement is first displayed and last
displayed; and
``(C) information regarding--
``(i) the average rate charged for 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,
and, if the person purchasing the advertisement
is acting as the agent of a foreign principal
under the Foreign Agents Registration Act of
1938, as amended (22 U.S.C. 611 et seq.), a
statement that the person is acting as the
agent of a foreign principal and the
identification of the foreign principal
involved.
``(3) Online platform.--For purposes of this subsection,
the term `online platform' means any public-facing website, web
application, or digital application (including a social
network, ad network, or search engine) which--
``(A) sells qualified political advertisements; and
``(B) has 50,000,000 or more unique monthly United
States visitors or users for a majority of months
during the preceding 12 months.
``(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) Safe harbor for platforms making best efforts to
identify requests which are subject to record maintenance
requirements.--In accordance with rules established by the
Commission, if an online platform shows that the platform used
best efforts to determine whether or not a request to purchase
a qualified political advertisement was subject to the
requirements of this subsection, the online platform shall not
be considered to be in violation of such requirements.
``(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) 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;
(2) establishing search interface requirements relating to
such record, including searches by candidate name, issue,
purchaser, and date; and
(3) establishing the criteria for the safe harbor exception
provided under paragraph (6) of section 304(k) of such Act (as
added by subsection (a)).
(c) 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. 4209. 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), as amended by section 4101(b), is further amended by adding at
the end the following new subsection:
``(d) Responsibilities of Broadcast Stations, Providers of Cable
and Satellite Television, and Online Platforms.--
``(1) Responsibilities described.--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. For purposes of the previous sentence, a station,
provider, or online platform shall not be considered to have
made reasonable efforts under this paragraph in the case of the
availability of a communication unless the station, provider,
or online platform directly inquires from the individual or
entity making such purchase whether the purchase is to be made
by a foreign national, directly or indirectly.
``(2) Special rules for disbursement paid with credit
card.--For purposes of paragraph (1), a television or radio
broadcast station, provider of cable or satellite television,
or online platform shall be considered to have made reasonable
efforts under such paragraph in the case of a purchase of the
availability of a communication which is made with a credit
card if--
``(A) the individual or entity making such purchase
is required, at the time of making such purchase, to
disclose the credit verification value of such credit
card; and
``(B) the billing address associated with such
credit card is located in the United States or, in the
case of a purchase made by an individual who is a
United States citizen living outside of the United
States, the individual provides the television or radio
broadcast station, provider of cable or satellite
television, or online platform with the United States
mailing address the individual uses for voter
registration purposes.''.
SEC. 4210. INDEPENDENT STUDY ON MEDIA LITERACY AND ONLINE POLITICAL
CONTENT CONSUMPTION.
(a) Independent Study.--Not later than 30 days after the date of
enactment of this Act, the Federal Election Commission shall commission
an independent study and report on media literacy with respect to
online political content consumption among voting-age Americans.
(b) Elements.--The study and report under subsection (a) shall
include the following:
(1) An evaluation of media literacy skills, such as the
ability to evaluate sources, synthesize multiple accounts into
a coherent understanding of an issue, understand the context of
communications, and responsibly create and share information,
among voting-age Americans.
(2) An analysis of the effects of media literacy education
and particular media literacy skills on the ability to
critically consume online political content, including
political advertising.
(3) Recommendations for improving voting-age Americans'
ability to critically consume online political content,
including political advertising.
(c) Deadline.--Not later than 270 days after the date of enactment
of this Act, the entity conducting the study and report under
subsection (a) shall submit the report to the Commission.
(d) Submission to Congress.--Not later than 30 days after receiving
the report under subsection (c), the Commission shall submit the report
to the Committee on House Administration of the House of
Representatives and the Committee on Rules and Administration of the
Senate, together with such comments on the report as the Commission
considers appropriate.
(e) Definition of Media Literacy.--The term ``media literacy''
means the ability to--
(1) access relevant and accurate information through media;
(2) critically analyze media content and the influences of
media;
(3) evaluate the comprehensiveness, relevance, credibility,
authority, and accuracy of information;
(4) make educated decisions based on information obtained
from media and digital sources;
(5) operate various forms of technology and digital tools;
and
(6) reflect on how the use of media and technology may
affect private and public life.
SEC. 4211. REQUIRING ONLINE PLATFORMS TO DISPLAY NOTICES IDENTIFYING
SPONSORS OF POLITICAL ADVERTISEMENTS AND TO ENSURE
NOTICES CONTINUE TO BE PRESENT WHEN ADVERTISEMENTS ARE
SHARED.
(a) Requirement.--Section 304 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30104), as amended by section 4002 and section
4208(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.
Subtitle D--Stand By Every Ad
SEC. 4301. SHORT TITLE.
This subtitle may be cited as the ``Stand By Every Ad Act''.
SEC. 4302. STAND BY EVERY AD.
(a) Expanded Disclaimer Requirements for Certain Communications.--
Section 318 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30120), as amended by section 4207(b)(1), is further amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Expanded Disclaimer Requirements for Communications Not
Authorized by Candidates or Committees.--
``(1) In general.--Except as provided in paragraph (6), any
communication described in paragraph (3) of subsection (a)
which is transmitted in an audio or video format (including an
Internet or digital communication), or which is an Internet or
digital communication transmitted in a text or graphic format,
shall include, in addition to the requirements of paragraph (3)
of subsection (a), the following:
``(A) The individual disclosure statement described
in paragraph (2)(A) (if the person paying for the
communication is an individual) or the organizational
disclosure statement described in paragraph (2)(B) (if
the person paying for the communication is not an
individual).
``(B) If the communication is transmitted in a
video format, or is an Internet or digital
communication which is transmitted in a text or graphic
format, and is paid for in whole or in part with a
payment which is treated as a campaign-related
disbursement under section 324--
``(i) the Top Five Funders list (if
applicable); or
``(ii) in the case of a communication
which, as determined on the basis of criteria
established in regulations issued by the
Commission, is of such short duration that
including the Top Five Funders list in the
communication would constitute a hardship to
the person paying for the communication by
requiring a disproportionate amount of the
content of the communication to consist of the
Top Five Funders list, the name of a website
which contains the Top Five Funders list (if
applicable) or, in the case of an Internet or
digital communication, a hyperlink to such
website.
``(C) If the communication is transmitted in an
audio format and is paid for in whole or in part with a
payment which is treated as a campaign-related
disbursement under section 324--
``(i) the Top Two Funders list (if
applicable); or
``(ii) in the case of a communication
which, as determined on the basis of criteria
established in regulations issued by the
Commission, is of such short duration that
including the Top Two Funders list in the
communication would constitute a hardship to
the person paying for the communication by
requiring a disproportionate amount of the
content of the communication to consist of the
Top Two Funders list, the name of a website
which contains the Top Two Funders list (if
applicable).
``(2) Disclosure statements described.--
``(A) Individual disclosure statements.--The
individual disclosure statement described in this
subparagraph is the following: `I am ________, and I
approve this message.', with the blank filled in with
the name of the applicable individual.
``(B) Organizational disclosure statements.--The
organizational disclosure statement described in this
subparagraph is the following: `I am ________, the
________ of ________, and ________ approves this
message.', with--
``(i) the first blank to be filled in with
the name of the applicable individual;
``(ii) the second blank to be filled in
with the title of the applicable individual;
and
``(iii) the third and fourth blank each to
be filled in with the name of the organization
or other person paying for the communication.
``(3) Method of conveyance of statement.--
``(A) Communications in text or graphic format.--In
the case of a communication to which this subsection
applies which is transmitted in a text or graphic
format, the disclosure statements required under
paragraph (1) shall appear in letters at least as large
as the majority of the text in the communication.
``(B) Communications transmitted in audio format.--
In the case of a communication to which this subsection
applies which is transmitted in an audio format, the
disclosure statements required under paragraph (1)
shall be made by audio by the applicable individual in
a clear and conspicuous manner.
``(C) Communications transmitted in video format.--
In the case of a communication to which this subsection
applies which is transmitted in a video format, the
information required under paragraph (1)--
``(i) shall appear in writing at the end of
the communication or in a crawl along the
bottom of the communication in a clear and
conspicuous manner, with a reasonable degree of
color contrast between the background and the
printed statement, for a period of at least 6
seconds; and
``(ii) shall also be conveyed by an
unobscured, full-screen view of the applicable
individual or by the applicable individual
making the statement in voice-over accompanied
by a clearly identifiable photograph or similar
image of the individual, except in the case of
a Top Five Funders list.
``(4) Applicable individual defined.--The term `applicable
individual' means, with respect to a communication to which
this subsection applies--
``(A) if the communication is paid for by an
individual, the individual involved;
``(B) if the communication is paid for by a
corporation, the chief executive officer of the
corporation (or, if the corporation does not have a
chief executive officer, the highest ranking official
of the corporation);
``(C) if the communication is paid for by a labor
organization, the highest ranking officer of the labor
organization; and
``(D) if the communication is paid for by any other
person, the highest ranking official of such person.
``(5) Top five funders list and top two funders list
defined.--
``(A) Top five funders list.--The term `Top Five
Funders list' means, with respect to a communication
which is paid for in whole or in part with a campaign-
related disbursement (as defined in section 324), a
list of the five persons who, during the 12-month
period ending on the date of the disbursement, provided
the largest payments of any type in an aggregate amount
equal to or exceeding $10,000 to the person who is
paying for the communication and the amount of the
payments each such person provided. If two or more
people provided the fifth largest of such payments, the
person paying for the communication shall select one of
those persons to be included on the Top Five Funders
list.
``(B) Top two funders list.--The term `Top Two
Funders list' means, with respect to a communication
which is paid for in whole or in part with a campaign-
related disbursement (as defined in section 324), a
list of the persons who, during the 12-month period
ending on the date of the disbursement, provided the
largest and the second largest payments of any type in
an aggregate amount equal to or exceeding $10,000 to
the person who is paying for the communication and the
amount of the payments each such person provided. If
two or more persons provided the second largest of such
payments, the person paying for the communication shall
select one of those persons to be included on the Top
Two Funders list.
``(C) Exclusion of certain payments.--For purposes
of subparagraphs (A) and (B), in determining the amount
of payments made by a person to a person paying for a
communication, there shall be excluded the following:
``(i) Any amounts provided in the ordinary
course of any trade or business conducted by
the person paying for the communication or in
the form of investments in the person paying
for the communication.
``(ii) Any payment which the person
prohibited, in writing, from being used for
campaign-related disbursements, but only if the
person paying for the communication agreed to
follow the prohibition and deposited the
payment in an account which is segregated from
any account used to make campaign-related
disbursements.
``(6) Special rules for certain communications.--
``(A) Exception for communications paid for by
political parties and certain political committees.--
This subsection does not apply to any communication to
which subsection (d)(2) applies.
``(B) Treatment of video communications lasting 10
seconds or less.--In the case of a communication to
which this subsection applies which is transmitted in a
video format, or is an Internet or digital
communication which is transmitted in a text or graphic
format, the communication shall meet the following
requirements:
``(i) The communication shall include the
individual disclosure statement described in
paragraph (2)(A) (if the person paying for the
communication is an individual) or the
organizational disclosure statement described
in paragraph (2)(B) (if the person paying for
the communication is not an individual).
``(ii) The statement described in clause
(i) shall appear in writing at the end of the
communication, or in a crawl along the bottom
of the communication, in a clear and
conspicuous manner, with a reasonable degree of
color contrast between the background and the
printed statement, for a period of at least 4
seconds.
``(iii) The communication shall include, in
a clear and conspicuous manner, a website
address with a landing page which will provide
all of the information described in paragraph
(1) with respect to the communication. Such
address shall appear for the full duration of
the communication.
``(iv) To the extent that the format in
which the communication is made permits the use
of a hyperlink, the communication shall include
a hyperlink to the website address described in
clause (iii).''.
(b) Application of Expanded Requirements to Public Communications
Consisting of Campaign-Related Disbursements.--
(1) In general.--Section 318(a) of such Act (52 U.S.C.
30120(a)) is amended by striking ``for the purpose of financing
communications expressly advocating the election or defeat of a
clearly identified candidate'' and inserting ``for a campaign-
related disbursement, as defined in section 324, consisting of
a public communication''.
(2) Clarification of exemption from inclusion of candidate
disclaimer statement in federal judicial nomination
communications.--Section 318(a)(3) of such Act (52 U.S.C.
30120(a)(3)) is amended by striking ``shall state'' and
inserting ``shall (except in the case of a Federal judicial
nomination communication, as defined in section 324(d)(2))
state''.
(c) Exception for Communications Paid for by Political Parties and
Certain Political Committees.--Section 318(d)(2) of such Act (52 U.S.C.
30120(d)(2)) is amended--
(1) in the heading, by striking ``others'' and inserting
``certain political committees'';
(2) by striking ``Any communication'' and inserting ``(A)
Any communication'';
(3) by inserting ``which (except to the extent provided in
subparagraph (B)) is paid for by a political committee
(including a political committee of a political party) and''
after ``subsection (a)'';
(4) by striking ``or other person'' each place it appears;
and
(5) by adding at the end the following new subparagraph:
``(B)(i) This paragraph does not apply to a communication
paid for in whole or in part during a calendar year with a
campaign-related disbursement, but only if the covered
organization making the campaign-related disbursement made
campaign-related disbursements (as defined in section 324)
aggregating more than $10,000 during such calendar year.
``(ii) For purposes of clause (i), in determining the
amount of campaign-related disbursements made by a covered
organization during a year, there shall be excluded the
following:
``(I) Any amounts received by the covered
organization in the ordinary course of any trade or
business conducted by the covered organization or in
the form of investments in the covered organization.
``(II) Any amounts received by the covered
organization from a person who prohibited, in writing,
the organization from using such amounts for campaign-
related disbursements, but only if the covered
organization agreed to follow the prohibition and
deposited the amounts in an account which is segregated
from any account used to make campaign-related
disbursements.''.
SEC. 4303. DISCLAIMER REQUIREMENTS FOR COMMUNICATIONS MADE THROUGH
PRERECORDED TELEPHONE CALLS.
(a) Application of Requirements.--
(1) In general.--Section 318(a) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30120(a)), as amended by
section 4205(c), is amended by striking ``public
communication'' each place it appears and inserting the
following: ``public communication (including a telephone call
consisting in substantial part of a prerecorded audio
message)''.
(2) Application to communications subject to expanded
disclaimer requirements.--Section 318(e)(1) of such Act (52
U.S.C. 30120(e)(1)), as added by section 4302(a), is amended in
the matter preceding subparagraph (A) by striking ``which is
transmitted in an audio or video format'' and inserting ``which
is transmitted in an audio or video format or which consists of
a telephone call consisting in substantial part of a
prerecorded audio message''.
(b) Treatment as Communication Transmitted in Audio Format.--
(1) Communications by candidates or authorized persons.--
Section 318(d) of such Act (52 U.S.C. 30120(d)) is amended by
adding at the end the following new paragraph:
``(3) Prerecorded telephone calls.--Any communication
described in paragraph (1), (2), or (3) of subsection (a)
(other than a communication which is subject to subsection (e))
which is a telephone call consisting in substantial part of a
prerecorded audio message shall include, in addition to the
requirements of such paragraph, the audio statement required
under subparagraph (A) of paragraph (1) or the audio statement
required under paragraph (2) (whichever is applicable), except
that the statement shall be made at the beginning of the
telephone call.''.
(2) Communications subject to expanded disclaimer
requirements.--Section 318(e)(3) of such Act (52 U.S.C.
30120(e)(3)), as added by section 4302(a), is amended by adding
at the end the following new subparagraph:
``(D) Prerecorded telephone calls.--In the case of
a communication to which this subsection applies which
is a telephone call consisting in substantial part of a
prerecorded audio message, the communication shall be
considered to be transmitted in an audio format.''.
SEC. 4304. NO EXPANSION OF PERSONS SUBJECT TO DISCLAIMER REQUIREMENTS
ON INTERNET COMMUNICATIONS.
Nothing in this subtitle or the amendments made by this subtitle
may be construed to require any person who is not required under
section 318 of the Federal Election Campaign Act of 1971 to include a
disclaimer on communications made by the person through the internet to
include any disclaimer on any such communications.
SEC. 4305. EFFECTIVE DATE.
The amendments made by this subtitle 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.
Subtitle E--Deterring Foreign Interference in Elections
PART 1--DETERRENCE UNDER FEDERAL ELECTION CAMPAIGN ACT OF 1971
SEC. 4401. RESTRICTIONS ON EXCHANGE OF CAMPAIGN INFORMATION BETWEEN
CANDIDATES AND FOREIGN POWERS.
Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30121), as amended by section 4101(b) and section 4209, is further
amended by adding at the end the following new subsection:
``(e) Restrictions on Exchange of Information Between Candidates
and Foreign Powers.--
``(1) Treatment of offer to share nonpublic campaign
material as solicitation of contribution from foreign
national.--If a candidate or an individual affiliated with the
campaign of a candidate, or if a political committee or an
individual affiliated with a political committee, provides or
offers to provide nonpublic campaign material to a covered
foreign national or to another person whom the candidate,
committee, or individual knows or has reason to know will
provide the material to a covered foreign national, the
candidate, committee, or individual (as the case may be) shall
be considered for purposes of this section to have solicited a
contribution or donation described in subsection (a)(1)(A) from
a foreign national.
``(2) Definitions.--In this subsection, the following
definitions apply:
``(A) The term `candidate' means an individual who
seeks nomination for, or election to, any Federal,
State, or local public office.
``(B) The term `covered foreign national' has the
meaning given such term in section 304(j)(3)(C).
``(C) The term `individual affiliated with a
campaign' means, with respect to a candidate, an
employee of any organization legally authorized under
Federal, State, or local law to support the candidate's
campaign for nomination for, or election to, any
Federal, State, or local public office, as well as any
independent contractor of such an organization and any
individual who performs services on behalf of the
organization, whether paid or unpaid.
``(D) The term `individual affiliated with a
political committee' means, with respect to a political
committee, an employee of the committee as well as any
independent contractor of the committee and any
individual who performs services on behalf of the
committee, whether paid or unpaid.
``(E) The term `nonpublic campaign material' means,
with respect to a candidate or a political committee,
campaign material that is produced by the candidate or
the committee or produced at the candidate or
committee's expense or request which is not distributed
or made available to the general public or otherwise in
the public domain, including polling and focus group
data and opposition research, except that such term
does not include material produced for purposes of
consultations relating solely to the candidate's or
committee's position on a legislative or policy
matter.''.
SEC. 4402. CLARIFICATION OF STANDARD FOR DETERMINING EXISTENCE OF
COORDINATION BETWEEN CAMPAIGNS AND OUTSIDE INTERESTS.
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) For purposes of paragraph (7), an expenditure or
disbursement may be considered to have been made in cooperation,
consultation, or concert with, or coordinated with, a person without
regard to whether or not the cooperation, consultation, or coordination
is carried out pursuant to agreement or formal collaboration.''.
SEC. 4403. PROHIBITION ON PROVISION OF SUBSTANTIAL ASSISTANCE RELATING
TO CONTRIBUTION OR DONATION BY FOREIGN NATIONALS.
Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30121), as amended by section 4101(a), section 4101(b), section 4209,
and section 4401, is further amended--
(1) in subsection (a)--
(A) by striking ``or'' at the end of paragraph (2);
(B) by striking the period at the end of paragraph
(3) and inserting ``; or''; and
(C) by adding at the end the following:
``(4) a person to knowingly provide substantial assistance
to another person in carrying out an activity described in
paragraph (1), (2), or (3).''; and
(2) by adding at the end the following new subsections:
``(f) Knowingly Described.--
``(1) In general.--For purposes of subsection (a)(4), the
term `knowingly' means actual knowledge, constructive
knowledge, awareness of pertinent facts that would lead a
reasonable person to conclude there is a substantial
probability, or awareness of pertinent facts that would lead a
reasonable person to conduct a reasonable inquiry to
establish--
``(A) with respect to an activity described in
subsection (a)(1), that the contribution, donation,
expenditure, independent expenditure, or disbursement
is from a foreign national;
``(B) with respect to an activity described in
subsection (a)(2), that the contribution or donation
solicited, accepted, or received is from a foreign
national; and
``(C) with respect to an activity described in
subsection (a)(3), that the person directing,
dictating, controlling, or directly or indirectly
participating in the decisionmaking process is a
foreign national.
``(2) Pertinent facts.--For purposes of paragraph (1),
pertinent facts include, but are not limited to, that the
person making the contribution, donation, expenditure,
independent expenditure, or disbursement, or that the person
from whom the contribution or donation is solicited, accepted,
or received, or that the person directing, dictating,
controlling, or directly or indirectly participating in the
decisionmaking process--
``(A) uses a foreign passport or passport number
for identification purposes;
``(B) provides a foreign address;
``(C) uses a check or other written instrument
drawn on a foreign bank, or by a wire transfer from a
foreign bank, in carrying out the activity; or
``(D) resides abroad.
``(g) Substantial Assistance Defined.--As used in this section, the
term `substantial assistance' means, with respect to an activity
prohibited by paragraph (1), (2), or (3) of subsection (a), involvement
with an intent to facilitate successful completion of the activity.''.
SEC. 4404. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN.
(a) Clarification of Treatment of Provision of Certain Information
as Contribution or Donation of a Thing of Value.--Section 319 of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30121), as amended by
section 4101(a), section 4101(b), section 4209, section 4401, and
section 4403, is amended by adding at the end the following new
subsection:
``(h) Clarification of Treatment of Provision of Certain
Information as Contribution or Donation of a Thing of Value.--For
purposes of this section, a `contribution or donation of money or other
thing of value' includes the provision of opposition research, polling,
or other non-public information relating to a candidate for election
for a Federal, State, or local office for the purpose of influencing
the election, regardless of whether such research, polling, or
information has monetary value, except that nothing in this subsection
shall be construed to treat the mere provision of an opinion about a
candidate as a thing of value for purposes of this section.''.
(b) Clarification of Application of Foreign Money Ban to All
Contributions and Donations of Things of Value and to All Solicitations
of Contributions and Donations of Things of Value.--Section 319(a) of
such Act (52 U.S.C. 30121(a)) is amended--
(1) in paragraph (1)(A), by striking ``promise to make a
contribution or donation'' and inserting ``promise to make such
a contribution or donation'';
(2) in paragraph (1)(B), by striking ``donation'' and
inserting ``donation of money or other thing of value, or to
make an express or implied promise to make such a contribution
or donation,''; and
(3) by amending paragraph (2) to read as follows:
``(2) a person to solicit, accept, or receive (directly or
indirectly) a contribution, donation, or disbursement described
in paragraph (1), or to solicit, accept, or receive (directly
or indirectly) an express or implied promise to make such a
contribution or donation, from a foreign national.''.
PART 2--NOTIFYING STATES OF DISINFORMATION CAMPAIGNS BY FOREIGN
NATIONALS
SEC. 4411. NOTIFYING STATES OF DISINFORMATION CAMPAIGNS BY FOREIGN
NATIONALS.
(a) Requiring Disclosure.--If the Federal Election Commission makes
a determination that a foreign national has initiated or has attempted
to initiate a disinformation campaign targeted at an election for
public office held in a State, the Commission shall notify the State
involved of the determination not later than 30 days after making the
determination.
(b) Definitions.--In this section the term ``foreign national'' has
the meaning given such term in section 319(b) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30121(b)).
PART 3--PROHIBITING USE OF DEEPFAKES IN ELECTION CAMPAIGNS
SEC. 4421. PROHIBITION ON DISTRIBUTION OF MATERIALLY DECEPTIVE AUDIO OR
VISUAL MEDIA PRIOR TO ELECTION.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (52 U.S.C. 30101 et seq.) is amended by adding at the end the
following new section:
``SEC. 325. PROHIBITION ON DISTRIBUTION OF MATERIALLY DECEPTIVE MEDIA
PRIOR TO ELECTION.
``(a) In General.--Except as provided in subsections (b) and (c), a
person, political committee, or other entity shall not, within 60 days
of an election for Federal office at which a candidate for elective
office will appear on the ballot, distribute, with actual malice,
materially deceptive audio or visual media of the candidate with the
intent to injure the candidate's reputation or to deceive a voter into
voting for or against the candidate.
``(b) Exception.--
``(1) Required language.--The prohibition in subsection (a)
does not apply if the audio or visual media includes--
``(A) a disclosure stating: ``This _____ has been
manipulated.''; and
``(B) filled in the blank in the disclosure under
subparagraph (A), the term `image', `video', or
`audio', as most accurately describes the media.
``(2) Visual media.--For visual media, the text of the
disclosure shall appear in a size that is easily readable by
the average viewer and no smaller than the largest font size of
other text appearing in the visual media. If the visual media
does not include any other text, the disclosure shall appear in
a size that is easily readable by the average viewer. For
visual media that is video, the disclosure shall appear for the
duration of the video.
``(3) Audio-only media.--If the media consists of audio
only, the disclosure shall be read in a clearly spoken manner
and in a pitch that can be easily heard by the average
listener, at the beginning of the audio, at the end of the
audio, and, if the audio is greater than 2 minutes in length,
interspersed within the audio at intervals of not greater than
2 minutes each.
``(c) Inapplicability to Certain Entities.--This section does not
apply to the following:
``(1) A radio or television broadcasting station, including
a cable or satellite television operator, programmer, or
producer, that broadcasts materially deceptive audio or visual
media prohibited by this section as part of a bona fide
newscast, news interview, news documentary, or on-the-spot
coverage of bona fide news events, if the broadcast clearly
acknowledges through content or a disclosure, in a manner that
can be easily heard or read by the average listener or viewer,
that there are questions about the authenticity of the
materially deceptive audio or visual media.
``(2) A radio or television broadcasting station, including
a cable or satellite television operator, programmer, or
producer, when it is paid to broadcast materially deceptive
audio or visual media.
``(3) An internet website, or a regularly published
newspaper, magazine, or other periodical of general
circulation, including an internet or electronic publication,
that routinely carries news and commentary of general interest,
and that publishes materially deceptive audio or visual media
prohibited by this section, if the publication clearly states
that the materially deceptive audio or visual media does not
accurately represent the speech or conduct of the candidate.
``(4) Materially deceptive audio or visual media that
constitutes satire or parody.
``(d) Civil Action.--
``(1) Injunctive or other equitable relief.--A candidate
for elective office whose voice or likeness appears in a
materially deceptive audio or visual media distributed in
violation of this section may seek injunctive or other
equitable relief prohibiting the distribution of audio or
visual media in violation of this section. An action under this
paragraph shall be entitled to precedence in accordance with
the Federal Rules of Civil Procedure.
``(2) Damages.--A candidate for elective office whose voice
or likeness appears in a materially deceptive audio or visual
media distributed in violation of this section may bring an
action for general or special damages against the person,
committee, or other entity that distributed the materially
deceptive audio or visual media. The court may also award a
prevailing party reasonable attorney's fees and costs. This
paragraph shall not be construed to limit or preclude a
plaintiff from securing or recovering any other available
remedy.
``(3) Burden of proof.--In any civil action alleging a
violation of this section, the plaintiff shall bear the burden
of establishing the violation through clear and convincing
evidence.
``(e) Rule of Construction.--This section shall not be construed to
alter or negate any rights, obligations, or immunities of an
interactive service provider under section 230 of title 47, United
States Code.
``(f) Materially Deceptive Audio or Visual Media Defined.--In this
section, the term `materially deceptive audio or visual media' means an
image or an audio or video recording of a candidate's appearance,
speech, or conduct that has been intentionally manipulated in a manner
such that both of the following conditions are met:
``(1) The image or audio or video recording would falsely
appear to a reasonable person to be authentic.
``(2) The image or audio or video recording would cause a
reasonable person to have a fundamentally different
understanding or impression of the expressive content of the
image or audio or video recording than that person would have
if the person were hearing or seeing the unaltered, original
version of the image or audio or video recording.''.
(b) Criminal Penalties.--Section 309(d)(1) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30109(d)(1)), as amended by section
4004, is further amended by adding at the end the following new
subparagraph:
``(G) Any person who knowingly and willfully
commits a violation of section 325 shall be fined not
more than $100,000, imprisoned not more than 5 years,
or both.''.
(c) Effect on Defamation Action.--For purposes of an action for
defamation, a violation of section 325 of the Federal Election Campaign
Act of 1971, as added by subsection (a), shall constitute defamation
per se.
PART 4--ASSESSMENT OF EXEMPTION OF REGISTRATION REQUIREMENTS UNDER FARA
FOR REGISTERED LOBBYISTS
SEC. 4431. ASSESSMENT OF EXEMPTION OF REGISTRATION REQUIREMENTS UNDER
FARA FOR REGISTERED LOBBYISTS.
Not later than 90 days after the date of the enactment of this Act,
the Comptroller General of the United States shall conduct and submit
to Congress an assessment of the implications of the exemption provided
under the Foreign Agents Registration Act of 1938, as amended (22
U.S.C. 611 et seq.) for agents of foreign principals who are also
registered lobbyists under the Lobbying Disclosure Act of 1995 (2
U.S.C. 1601 et seq.), and shall include in the assessment an analysis
of the extent to which revisions in such Acts might mitigate the risk
of foreign government money influencing elections or political
processes in the United States.
Subtitle F--Secret Money Transparency
SEC. 4501. REPEAL OF RESTRICTION OF USE OF FUNDS BY INTERNAL REVENUE
SERVICE TO BRING TRANSPARENCY TO POLITICAL ACTIVITY OF
CERTAIN NONPROFIT ORGANIZATIONS.
Section 122 of the Financial Services and General Government
Appropriations Act, 2021 (division E of Public Law 116-260) is hereby
repealed.
SEC. 4502. REPEAL OF REGULATIONS.
The final regulations of the Department of the Treasury relating to
guidance under section 6033 of the Internal Revenue Code of 1986
regarding the reporting requirements of exempt organizations (published
at 85 Fed. Reg. 31959 (May 28, 2020)) shall have no force and effect.
Subtitle G--Shareholder Right-to-Know
SEC. 4601. REPEAL OF RESTRICTION ON USE OF FUNDS BY SECURITIES AND
EXCHANGE COMMISSION TO ENSURE SHAREHOLDERS OF
CORPORATIONS HAVE KNOWLEDGE OF CORPORATION POLITICAL
ACTIVITY.
Section 631 of the Financial Services and General Government
Appropriations Act, 2021 (division E of Public Law 116-260) is hereby
repealed.
SEC. 4602. ASSESSMENT OF SHAREHOLDER PREFERENCES FOR DISBURSEMENTS FOR
POLITICAL PURPOSES.
(a) Assessment Required.--The Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.) is amended by inserting after section 10D the
following:
``SEC. 10E. ASSESSMENT OF SHAREHOLDER PREFERENCES FOR DISBURSEMENTS FOR
POLITICAL PURPOSES.
``(a) Assessment Required Before Making a Disbursement for a
Political Purpose.--
``(1) Requirement.--An issuer with an equity security
listed on a national securities exchange may not make a
disbursement for a political purpose unless--
``(A) the issuer has in place procedures to assess
the preferences of the shareholders of the issuer with
respect to making such disbursements; and
``(B) such an assessment has been made within the
1-year period ending on the date of such disbursement.
``(2) Treatment of issuers whose shareholders are
prohibited from expressing preferences.--Notwithstanding
paragraph (1), an issuer described under such paragraph with
procedures in place to assess the preferences of its
shareholders with respect to making disbursements for political
purposes shall not be subject to the requirements of such
paragraph if a majority of the number of the outstanding equity
securities of the issuer are held by persons who are prohibited
from expressing partisan or political preferences by law,
contract, or the requirement to meet a fiduciary duty.
``(3) No assessment of preferences of foreign nationals.--
Notwithstanding paragraph (1), an issuer described in such
paragraph shall not use the procedures described in such
paragraph to assess the preferences of any shareholder who is a
foreign national, as defined in section 319 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30121).
``(b) Assessment Requirements.--The assessment described under
subsection (a) shall assess--
``(1) which types of disbursements for a political purpose
the shareholder believes the issuer should make;
``(2) whether the shareholder believes that such
disbursements should be made in support of, or in opposition
to, Republican, Democratic, Independent, or other political
party candidates and political committees;
``(3) whether the shareholder believes that such
disbursements should be made with respect to elections for
Federal, State, or local office; and
``(4) such other information as the Commission may specify,
by rule.
``(c) Disbursement for a Political Purpose Defined.--
``(1) In general.--For purposes of this section, the term
`disbursement for a political purpose' means any of the
following:
``(A) A disbursement for an independent
expenditure, as defined in section 301(17) of the
Federal Election Campaign Act of 1971 (52 U.S.C.
30101(17)).
``(B) A disbursement for an electioneering
communication, as defined in section 304(f) of the
Federal Election Campaign Act of 1971 (52 U.S.C.
30104(f)).
``(C) A disbursement for any public communication,
as defined in section 301(22) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101(22))--
``(i) 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; or
``(ii) which refers to a clearly identified
candidate for election for Federal office and
which promotes or supports a candidate for that
office, or attacks or opposes a candidate for
that office, without regard to whether the
communication expressly advocates a vote for or
against a candidate for that office.
``(D) Any other disbursement which is made for the
purpose of influencing the outcome of an election for a
public office.
``(E) Any transfer of funds to another person which
is made with the intent that such person will use the
funds to make a disbursement described in subparagraphs
(A) through (D), or with the knowledge that the person
will use the funds to make such a disbursement.
``(2) Exceptions.--The term `disbursement for a political
purpose' does not include any of the following:
``(A) Any disbursement made from a separate
segregated fund of the corporation under section 316 of
the Federal Election Campaign Act of 1971 (52 U.S.C.
30118).
``(B) Any transfer of funds to another person which
is made in a commercial transaction in the ordinary
course of any trade or business conducted by the
corporation or in the form of investments made by the
corporation.
``(C) Any transfer of funds to another person which
is subject to a written prohibition against the use of
the funds for a disbursement for a political purpose.
``(d) Other Definitions.--In this section, each of the terms
`candidate', `election', `political committee', and `political party'
has the meaning given such term under section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101).''.
(b) Conforming Amendment to Federal Election Campaign Act of 1971
To Prohibit Disbursements by Corporations Failing To Assess
Preferences.--Section 316 of the Federal Election Campaign Act of 1971
(52 U.S.C. 30118) is amended by adding at the end the following new
subsection:
``(d) Prohibiting Disbursements by Corporations Failing To Assess
Shareholder Preferences.--
``(1) Prohibition.--It shall be unlawful for a corporation
to make a disbursement for a political purpose unless the
corporation has in place procedures to assess the preferences
of its shareholders with respect to making such disbursements,
as provided in section 10E of the Securities Exchange Act of
1934.
``(2) Definition.--In this section, the term `disbursement
for a political purpose' has the meaning given such term in
section 10E(c) of the Securities Exchange Act of 1934.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to disbursements made on or after December 31, 2021.
SEC. 4603. GOVERNANCE AND OPERATIONS OF CORPORATE PACS.
(a) Assessment of Governance.--Section 316 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30118) is amended by adding at the end
the following new subsection:
``(d) Assessment of Governance.--The Commission shall, on an
ongoing basis, collect information on the governance of the separate
segregated funds of corporations under this section, using the most
recent statements of organization provided by such funds under section
303(a), including information on the following:
``(1) The extent to which such funds have by-laws which
govern their operations.
``(2) The extent to which those funds which have by-laws
which govern their operations use a board of directors to
oversee the operation of the fund.
``(3) The characteristics of those individuals who serve on
boards of directors which oversee the operations of such funds,
including the relation of such individuals to the
corporation.''.
(b) Analysis of Donors.--
(1) Analysis.--The Federal Election Commission shall
conduct an analysis of the composition of the base of donors to
separate segregated funds of corporations under section 316 of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30118).
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Commission shall submit to Congress
a report on the analysis conducted under paragraph (1), and
shall initiate the promulgation of a regulation to establish a
new designation and classification of such separate segregated
funds.
Subtitle H--Disclosure of Political Spending by Government Contractors
SEC. 4701. REPEAL OF RESTRICTION ON USE OF FUNDS TO REQUIRE DISCLOSURE
OF POLITICAL SPENDING BY GOVERNMENT CONTRACTORS.
Section 735 of the Financial Services and General Government
Appropriations Act, 2021 (division E of Public Law 116-260) is hereby
repealed.
Subtitle I--Limitation and Disclosure Requirements for Presidential
Inaugural Committees
SEC. 4801. SHORT TITLE.
This subtitle may be cited as the ``Presidential Inaugural
Committee Oversight Act''.
SEC. 4802. LIMITATIONS AND DISCLOSURE OF CERTAIN DONATIONS TO, AND
DISBURSEMENTS BY, INAUGURAL COMMITTEES.
(a) Requirements for Inaugural Committees.--Title III of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.), as
amended by section 4421, is amended by adding at the end the following
new section:
``SEC. 326. INAUGURAL COMMITTEES.
``(a) Prohibited Donations.--
``(1) In general.--It shall be unlawful--
``(A) for an Inaugural Committee--
``(i) to solicit, accept, or receive a
donation from a person that is not an
individual; or
``(ii) to solicit, accept, or receive a
donation from a foreign national;
``(B) for a person--
``(i) to make a donation to an Inaugural
Committee in the name of another person, or to
knowingly authorize his or her name to be used
to effect such a donation;
``(ii) to knowingly accept a donation to an
Inaugural Committee made by a person in the
name of another person; or
``(iii) to convert a donation to an
Inaugural Committee to personal use as
described in paragraph (2); and
``(C) for a foreign national to, directly or
indirectly, make a donation, or make an express or
implied promise to make a donation, to an Inaugural
Committee.
``(2) Conversion of donation to personal use.--For purposes
of paragraph (1)(B)(iii), a donation shall be considered to be
converted to personal use if any part of the donated amount is
used to fulfill a commitment, obligation, or expense of a
person that would exist irrespective of the responsibilities of
the Inaugural Committee under chapter 5 of title 36, United
States Code.
``(3) No effect on disbursement of unused funds to
nonprofit organizations.--Nothing in this subsection may be
construed to prohibit an Inaugural Committee from disbursing
unused funds to an organization which is described in section
501(c)(3) of the Internal Revenue Code of 1986 and is exempt
from taxation under section 501(a) of such Code.
``(b) Limitation on Donations.--
``(1) In general.--It shall be unlawful for an individual
to make donations to an Inaugural Committee which, in the
aggregate, exceed $50,000.
``(2) Indexing.--At the beginning of each Presidential
election year (beginning with 2028), the amount described in
paragraph (1) shall be increased by the cumulative percent
difference determined in section 315(c)(1)(A) since the
previous Presidential election year. If any amount after such
increase is not a multiple of $1,000, such amount shall be
rounded to the nearest multiple of $1,000.
``(c) Disclosure of Certain Donations and Disbursements.--
``(1) Donations over $1,000.--
``(A) In general.--An Inaugural Committee shall
file with the Commission a report disclosing any
donation by an individual to the committee in an amount
of $1,000 or more not later than 24 hours after the
receipt of such donation.
``(B) Contents of report.--A report filed under
subparagraph (A) shall contain--
``(i) the amount of the donation;
``(ii) the date the donation is received;
and
``(iii) the name and address of the
individual making the donation.
``(2) Final report.--Not later than the date that is 90
days after the date of the Presidential inaugural ceremony, the
Inaugural Committee shall file with the Commission a report
containing the following information:
``(A) For each donation of money or anything of
value made to the committee in an aggregate amount
equal to or greater than $200--
``(i) the amount of the donation;
``(ii) the date the donation is received;
and
``(iii) the name and address of the
individual making the donation.
``(B) The total amount of all disbursements, and
all disbursements in the following categories:
``(i) Disbursements made to meet committee
operating expenses.
``(ii) Repayment of all loans.
``(iii) Donation refunds and other offsets
to donations.
``(iv) Any other disbursements.
``(C) The name and address of each person--
``(i) to whom a disbursement in an
aggregate amount or value in excess of $200 is
made by the committee to meet a committee
operating expense, together with date, amount,
and purpose of such operating expense;
``(ii) who receives a loan repayment from
the committee, together with the date and
amount of such loan repayment;
``(iii) who receives a donation refund or
other offset to donations from the committee,
together with the date and amount of such
disbursement; and
``(iv) to whom any other disbursement in an
aggregate amount or value in excess of $200 is
made by the committee, together with the date
and amount of such disbursement.
``(d) Definitions.--For purposes of this section:
``(1)(A) The term `donation' includes--
``(i) any gift, subscription, loan,
advance, or deposit of money or anything of
value made by any person to the committee; or
``(ii) the payment by any person of
compensation for the personal services of
another person which are rendered to the
committee without charge for any purpose.
``(B) The term `donation' does not include the
value of services provided without compensation by any
individual who volunteers on behalf of the committee.
``(2) The term `foreign national' has the meaning given
that term by section 319(b).
``(3) The term `Inaugural Committee' has the meaning given
that term by section 501 of title 36, United States Code.''.
(b) Confirming Amendment Related to Reporting Requirements.--
Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30104) is amended--
(1) by striking subsection (h); and
(2) by redesignating subsection (i) as subsection (h).
(c) Conforming Amendment Related to Status of Committee.--Section
510 of title 36, United States Code, is amended to read as follows:
``Sec. 510. Disclosure of and prohibition on certain donations
``A committee shall not be considered to be the Inaugural Committee
for purposes of this chapter unless the committee agrees to, and meets,
the requirements of section 326 of the Federal Election Campaign Act of
1971.''.
(d) Effective Date.--The amendments made by this Act shall apply
with respect to Inaugural Committees established under chapter 5 of
title 36, United States Code, for inaugurations held in 2025 and any
succeeding year.
Subtitle J--Miscellaneous Provisions
SEC. 4901. EFFECTIVE DATES OF PROVISIONS.
Each provision of this title and each amendment made by a provision
of this title shall take effect on the effective date provided under
this title for such provision or such amendment without regard to
whether or not the Federal Election Commission, the Attorney General,
or any other person has promulgated regulations to carry out such
provision or such amendment.
SEC. 4902. 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.
TITLE V--CAMPAIGN FINANCE EMPOWERMENT
Subtitle A--Findings Relating to Citizens United Decision
Sec. 5001. Findings relating to Citizens United decision.
Subtitle B--Congressional Elections
Sec. 5100. Short title.
Part 1--My Voice Voucher Pilot Program
Sec. 5101. Establishment of pilot program.
Sec. 5102. Voucher program described.
Sec. 5103. Reports.
Sec. 5104. Definitions.
Part 2--Small Dollar Financing of Congressional Election Campaigns
Sec. 5111. Benefits and eligibility requirements for candidates.
``TITLE V--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS
``Subtitle A--Benefits
``Sec. 501. Benefits for participating candidates.
``Sec. 502. Procedures for making payments.
``Sec. 503. Use of funds.
``Sec. 504. Qualified small dollar contributions described.
``Subtitle B--Eligibility and Certification
``Sec. 511. Eligibility.
``Sec. 512. Qualifying requirements.
``Sec. 513. Certification.
``Subtitle C--Requirements for Candidates Certified as Participating
Candidates
``Sec. 521. Contribution and expenditure requirements.
``Sec. 522. Administration of campaign.
``Sec. 523. Preventing unnecessary spending of public funds.
``Sec. 524. Remitting unspent funds after election.
``Subtitle D--Enhanced Match Support
``Sec. 531. Enhanced support for general election.
``Sec. 532. Eligibility.
``Sec. 533. Amount.
``Sec. 534. Waiver of authority to retain portion of unspent
funds after election.
``Subtitle E--Administrative Provisions
``Sec. 541. Freedom From Influence Fund.
``Sec. 542. Reviews and reports by Government Accountability
Office.
``Sec. 543. Administration by Commission.
``Sec. 544. Violations and penalties.
``Sec. 545. Appeals process.
``Sec. 546. Indexing of amounts.
``Sec. 547. Election cycle defined.
Sec. 5112. Contributions and expenditures by multicandidate and
political party committees on behalf of
participating candidates.
Sec. 5113. Prohibiting use of contributions by participating candidates
for purposes other than campaign for
election.
Sec. 5114. Assessments against fines and penalties.
Sec. 5115. Study and report on small dollar financing program.
Sec. 5116. Effective date.
Subtitle C--Presidential Elections
Sec. 5200. Short title.
Part 1--Primary Elections
Sec. 5201. Increase in and modifications to matching payments.
Sec. 5202. Eligibility requirements for matching payments.
Sec. 5203. Repeal of expenditure limitations.
Sec. 5204. Period of availability of matching payments.
Sec. 5205. Examination and audits of matchable contributions.
Sec. 5206. Modification to limitation on contributions for Presidential
primary candidates.
Sec. 5207. Use of Freedom From Influence Fund as source of payments.
Part 2--General Elections
Sec. 5211. Modification of eligibility requirements for public
financing.
Sec. 5212. Repeal of expenditure limitations and use of qualified
campaign contributions.
Sec. 5213. Matching payments and other modifications to payment
amounts.
Sec. 5214. Increase in limit on coordinated party expenditures.
Sec. 5215. Establishment of uniform date for release of payments.
Sec. 5216. Amounts in Presidential Election Campaign Fund.
Sec. 5217. Use of general election payments for general election legal
and accounting compliance.
Sec. 5218. Use of Freedom From Influence Fund as source of payments.
Part 3--Effective Date
Sec. 5221. Effective date.
Subtitle D--Personal Use Services as Authorized Campaign Expenditures
Sec. 5301. Short title; findings; purpose.
Sec. 5302. Treatment of payments for child care and other personal use
services as authorized campaign
expenditure.
Subtitle E--Empowering Small Dollar Donations
Sec. 5401. Permitting political party committees to provide enhanced
support for candidates through use of
separate small dollar accounts.
Subtitle F--Severability
Sec. 5501. Severability.
Subtitle A--Findings Relating to Citizens United Decision
SEC. 5001. FINDINGS RELATING TO CITIZENS UNITED DECISION.
Congress finds the following:
(1) The American Republic was founded on the principle that
all people are created equal, with rights and responsibilities
as citizens to vote, be represented, speak, debate, and
participate in self-government on equal terms regardless of
wealth. To secure these rights and responsibilities, our
Constitution not only protects the equal rights of all
Americans but also provides checks and balances to prevent
corruption and prevent concentrated power and wealth from
undermining effective self-government.
(2) The Founders designed the First Amendment to help
prevent tyranny by ensuring that the people have the tools they
need to ensure self-government and to keep their elected
leaders responsive to the public. The Amendment thus guarantees
the right of everyone to speak, to petition the government for
redress, to assemble together, and for a free press. If only
the wealthiest individuals can participate meaningfully in our
democracy, then these First Amendment principles become an
illusion.
(3) Campaign finance laws promote these First Amendment
interests. They increase robust debate from diverse voices,
enhance the responsiveness of elected officeholders, and help
prevent corruption. They do not censor anyone's speech but
simply ensure that no one's speech is drowned out. The Supreme
Court has failed to recognize that these laws are essential,
proactive rules that help guarantee true democratic self-
government.
(4) The Supreme Court's decisions in Citizens United v.
Federal Election Commission, 558 U.S. 310 (2010) and McCutcheon
v. FEC, 572 U.S. 185 (2014), as well as other court decisions,
erroneously invalidated even-handed rules about the spending of
money in local, State, and Federal elections. These rules do
not prevent anyone from speaking their mind, much less pick
winners and losers of political debates. Although the Court has
upheld other content-neutral laws like these, it has failed to
apply to same logic to campaign finance laws. These flawed
decisions have empowered large corporations, extremely wealthy
individuals, and special interests to dominate election
spending, corrupt our politics, and degrade our democracy
through tidal waves of unlimited and anonymous spending. These
decisions also stand in contrast to a long history of efforts
by Congress and the States to regulate money in politics to
protect democracy, and they illustrate a troubling deregulatory
trend in campaign finance-related court decisions.
Additionally, an unknown amount of foreign money continues to
be spent in our political system as subsidiaries of foreign-
based corporations and hostile foreign actors sometimes
connected to nation-states work to influence our elections.
(5) The Supreme Court's misinterpretation of the
Constitution to empower monied interests at the expense of the
American people in elections has seriously eroded over 100
years of congressional action to promote fairness and protect
elections from the toxic influence of money.
(6) In 1907, Congress passed the Tillman Act in response to
the concentration of corporate power in the post-Civil War
Gilded Age. The Act prohibited corporations from making
contributions in connection with Federal elections, aiming
``not merely to prevent the subversion of the integrity of the
electoral process [but] * * * to sustain the active, alert
responsibility of the individual citizen in a democracy for the
wise conduct of government''.
(7) By 1910, Congress began passing disclosure requirements
and campaign expenditure limits, and dozens of States passed
corrupt practices Acts to prohibit corporate spending in
elections. States also enacted campaign spending limits, and
some States limited the amount that people could contribute to
campaigns.
(8) In 1947, the Taft-Hartley Act prohibited corporations
and unions from making campaign contributions or other
expenditures to influence elections. In 1962, a Presidential
commission on election spending recommended spending limits and
incentives to increase small contributions from more people.
(9) The Federal Election Campaign Act of 1971 (FECA), as
amended in 1974, required disclosure of contributions and
expenditures, imposed contribution and expenditure limits for
individuals and groups, set spending limits for campaigns,
candidates, and groups, implemented a public funding system for
Presidential campaigns, and created the Federal Election
Commission to oversee and enforce the new rules.
(10) In the wake of Citizens United and other damaging
Federal court decisions, Americans have witnessed an explosion
of outside spending in elections. Outside spending increased
more than 700 percent between the 2008 and 2020 Presidential
election years. Spending by outside groups nearly doubled again
from 2016 to 2020 with super PACs, tax-exempt groups, and
others spending more than $3,000,000,000. And as political
entities adapt to a post-Citizens United, post-McCutcheon
landscape, these trends are getting worse, as evidenced by the
record-setting 2020 elections which cost more than
$14,000,000,000 in total.
(11) Since the landmark Citizens United decision, 21 States
and more than 800 municipalities, including large cities like
New York, Los Angeles, Chicago, and Philadelphia, have gone on
record supporting a constitutional amendment. Transcending
political leanings and geographic location, voters in States
and municipalities across the country that have placed
amendment questions on the ballot have routinely supported
these initiatives by considerably large margins.
(12) The Court has tied the hands of Congress and the
States, severely restricting them from setting reasonable
limits on campaign spending. For example, the Court has held
that only the Government's interest in preventing quid pro quo
corruption, like bribery, or the appearance of such corruption,
can justify limits on campaign contributions. More broadly, the
Court has severely curtailed attempts to reduce the ability of
the Nation's wealthiest and most powerful to skew our democracy
in their favor by buying outsized influence in our elections.
Because this distortion of the Constitution has prevented other
critical regulation or reform of the way we finance elections
in America, a constitutional amendment is needed to achieve a
democracy for all the people.
(13) The torrent of money flowing into our political system
has a profound effect on the democratic process for everyday
Americans, whose voices and policy preferences are increasingly
being drowned out by those of wealthy special interests. The
more campaign cash from wealthy special interests can flood our
elections, the more policies that favor those interests are
reflected in the national political agenda. When it comes to
policy preferences, our Nation's wealthiest tend to have
fundamentally different views than do average Americans when it
comes to issues ranging from unemployment benefits to the
minimum wage to health care coverage.
(14) At the same time millions of Americans have signed
petitions, marched, called their Members of Congress, written
letters to the editor, and otherwise demonstrated their public
support for a constitutional amendment to overturn Citizens
United that will allow Congress to reign in the outsized
influence of unchecked money in politics. Dozens of
organizations, representing tens of millions of individuals,
have come together in a shared strategy of supporting such an
amendment.
(15) In order to protect the integrity of democracy and the
electoral process and to ensure political equality for all, the
Constitution should be amended so that Congress and the States
may regulate and set limits on the raising and spending of
money to influence elections and may distinguish between
natural persons and artificial entities, like corporations,
that are created by law, including by prohibiting such
artificial entities from spending money to influence elections.
Subtitle B--Congressional Elections
SEC. 5100. SHORT TITLE.
This subtitle may be cited as the ``Government By the People Act of
2021''.
PART 1--MY VOICE VOUCHER PILOT PROGRAM
SEC. 5101. ESTABLISHMENT OF PILOT PROGRAM.
(a) Establishment.--The Federal Election Commission (hereafter in
this part referred to as the ``Commission'') shall establish a pilot
program under which the Commission shall select 3 eligible States to
operate a voucher pilot program which is described in section 5102
during the program operation period.
(b) Eligibility of States.--A State is eligible to be selected to
operate a voucher pilot program under this part if, not later than 180
days after the beginning of the program application period, the State
submits to the Commission an application containing--
(1) information and assurances that the State will operate
a voucher program which contains the elements described in
section 5102(a);
(2) information and assurances that the State will
establish fraud prevention mechanisms described in section
5102(b);
(3) information and assurances that the State will
establish a commission to oversee and implement the program as
described in section 5102(c);
(4) information and assurances that the State will carry
out a public information campaign as described in section
5102(d);
(5) information and assurances that the State will submit
reports as required under section 5103; and
(6) such other information and assurances as the Commission
may require.
(c) Selection of Participating States.--
(1) In general.--Not later than 1 year after the beginning
of the program application period, the Commission shall select
the 3 States which will operate voucher pilot programs under
this part.
(2) Criteria.--In selecting States for the operation of the
voucher pilot programs under this part, the Commission shall
apply such criteria and metrics as the Commission considers
appropriate to determine the ability of a State to operate the
program successfully, and shall attempt to select States in a
variety of geographic regions and with a variety of political
party preferences.
(3) No supermajority required for selection.--The selection
of States by the Commission under this subsection shall require
the approval of only half of the Members of the Commission.
(d) Duties of States During Program Preparation Period.--During the
program preparation period, each State selected to operate a voucher
pilot program under this part shall take such actions as may be
necessary to ensure that the State will be ready to operate the program
during the program operation period, and shall complete such actions
not later than 90 days before the beginning of the program operation
period.
(e) Termination.--Each voucher pilot program under this part shall
terminate as of the first day after the program operation period.
(f) Reimbursement of Costs.--
(1) Reimbursement.--Upon receiving the report submitted by
a State under section 5103(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 voucher pilot program under this part during
the cycle.
(2) Source of funds.--Payments to States under the program
shall be made using amounts in the Freedom From Influence Fund
under section 541 of the Federal Election Campaign Act of 1971
(as added by section 5111), hereafter referred to as the
``Fund''.
(3) Mandatory reduction of payments in case of insufficient
amounts in freedom from influence fund.--
(A) Advance audits by commission.--Not later than
90 days before the first day of each program operation
period, the Commission shall--
(i) audit the Fund to determine whether,
after first making payments to participating
candidates under title V of the Federal
Election Campaign Act of 1971 (as added by
section 5111), the amounts remaining in the
Fund will be sufficient to make payments to
States under this part 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 anticipated to be available in
the Fund with respect to an election cycle
involved is not, or may not be, sufficient to
make payments to States under this part in the
full amount provided under this subsection, 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
anticipated to be available for such payments
in the Fund with respect to such cycle.
(ii) Restoration of reductions in case of
availability of sufficient funds during
election cycle.--If, after reducing the amounts
paid to States with respect to an election
cycle under clause (i), the Commission
determines that there are sufficient amounts in
the Fund 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 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 there are insufficient moneys
in the Fund to make payments to States 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 any program
operation period may not exceed $10,000,000. If the State
determines that the maximum payment amount under this paragraph
with respect to the program operation period involved 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 period, the State shall reduce the amount of the
voucher 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 period.
SEC. 5102. VOUCHER PROGRAM DESCRIBED.
(a) General Elements of Program.--
(1) Elements described.--The elements of a voucher pilot
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 voucher
worth $25 to be known as a ``My Voice Voucher'' 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 My
Voice Voucher, the individual may submit the My Voice
Voucher 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 My Voice Voucher in increments of $5 as the
individual may select to any such candidate.
(C) If the candidate transmits the My Voice Voucher
to the Commission, the Commission shall pay the
candidate the portion of the value of the My Voice
Voucher 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 My Voice Voucher; 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 My Voice Voucher 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 Voucher that the
individual allocated to the candidate.
(b) Fraud Prevention Mechanism.--In addition to the elements
described in subsection (a), a State operating a voucher pilot program
under this part shall permit an individual to revoke a My Voice Voucher
not later than 2 days after submitting the My Voice Voucher to a
candidate.
(c) Oversight Commission.--In addition to the elements described in
subsection (a), a State operating a voucher pilot 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 voucher pilot program
under this part shall carry out a public information campaign to
disseminate awareness of the program among qualified individuals.
SEC. 5103. REPORTS.
(a) Preliminary Report.--Not later than 6 months after the first
election cycle of the program operation period, a State which operates
a voucher pilot program under this part 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) Final Report.--Not later than 6 months after the end of the
program operation period, the State shall submit a final report to the
Commission analyzing the operation and effectiveness of the program and
including such other information as the Commission may require.
(c) Study and Report on Impact and Effectiveness of Voucher
Programs.--
(1) Study.--The Federal Election Commission shall conduct a
study on the efficacy of political voucher 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 date of the
enactment of this Act, the Commission shall publish and submit
to Congress a report on the study conducted under subsection
(a), and shall include in the report such recommendations as
the Commission considers appropriate which would enable
political voucher programs to be implemented on a national
scale.
SEC. 5104. DEFINITIONS.
(a) Election Cycle.--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.
(b) Definitions Relating to Periods.--In this part, the following
definitions apply:
(1) Program application period.--The term ``program
application period'' means the first election cycle which
begins after the date of the enactment of this Act.
(2) Program preparation period.--The term ``program
preparation period'' means the first election cycle which
begins after the program application period.
(3) Program operation period.--The term ``program operation
period'' means the first 2 election cycles which begin after
the program preparation period.
PART 2--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS
SEC. 5111. 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 CONGRESSIONAL ELECTION CAMPAIGNS
``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.
``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 My Voice Vouchers.--Any payment received by a
candidate and the authorized committees of a candidate which consists
of a My Voice Voucher 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 for deposit in the Freedom
From Influence Fund under section 541 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.
``(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.
``(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
Freedom From Influence Fund established under
section 541 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; 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 for deposit in
the Freedom From Influence Fund established under
section 541; 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 for deposit in the Freedom From Influence Fund
established under section 541 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.
``(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. FREEDOM FROM INFLUENCE FUND.
``(a) Establishment.--There is established in the Treasury a fund
to be known as the `Freedom From Influence Fund'.
``(b) Amounts Held by Fund.--The Fund shall consist of the
following amounts:
``(1) Assessments against fines, settlements, and
penalties.--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.
``(2) Deposits.--Amounts deposited into the Fund under--
``(A) section 521(c)(1)(B) (relating to exceptions
to contribution requirements);
``(B) section 523 (relating to remittance of unused