Document

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



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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