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Congressional Record—House H4384 H4384 CONGRESSIONAL RECORD — HOUSE August 24, 2021 SEC. 4011. APPLICABILITY OF ADJUSTMENTS TO child care or pre-kindergarten legislation ‘‘(C) the residents of that district who are not DISCRETIONARY SPENDING LIMITS. during the 117th Congress, the Congressional the members of the protected class usually vote Except as expressly provided otherwise, Budget Office shall consider funding for pro- sufficiently as a bloc to enable them to defeat the adjustments provided by section 251(b) of grams under the Head Start Act (42 U.S.C. the preferred candidates of the members of the the Balanced Budget and Emergency Deficit 9831 et seq.) to continue at baseline levels. protected class. Control Act of 1985 (2 U.S.C. 901(b)) shall not (b) EXCEPTION.—This section shall not ‘‘(2) Upon a plaintiff establishing the required apply to allocations, aggregates, or other apply to any bill or joint resolution making threshold showing under paragraph (1), a court budgetary levels established pursuant to this appropriations for discretionary accounts. shall conduct a totality of the circumstances concurrent resolution. SEC. 4016. EXERCISE OF RULEMAKING POWERS. analysis with respect to a claim of vote dilution SEC. 4012. BUDGETARY TREATMENT OF ADMINIS- Congress adopts the provisions of this to determine whether there was a violation of TRATIVE EXPENSES. subsection (a), which shall include the following (a) SENATE.— title— factors: (1) IN GENERAL.—In the Senate, notwith- (1) as an exercise of the rulemaking power ‘‘(A) The extent of any history of official vot- standing section 302(a)(1) of the Congres- of the Senate and the House of Representa- ing discrimination in the State or political sub- sional Budget Act of 1974 (2 U.S.C. 633(a)(1)), tives, and as such they shall be considered as division that affected the right of members of section 13301 of the Budget Enforcement Act part of the rules of each House or of that the protected class to register, to vote, or other- of 1990 (2 U.S.C. 632 note), and section 2009a House to which they specifically apply, and wise to participate in the political process. of title 39, United States Code, the report or such rules shall supersede other rules only to the joint explanatory statement accom- the extent that they are inconsistent with ‘‘(B) The extent to which voting in the elec- panying this concurrent resolution on the such other rules; and tions of the State or political subdivision is ra- budget or the statement filed pursuant to (2) with full recognition of the constitu- cially polarized. section 4006(a), as applicable, shall include in tional right of either the Senate or the ‘‘(C) The extent to which the State or political an allocation under section 302(a) of the Con- House of Representatives to change those subdivision has used voting practices or proce- gressional Budget Act of 1974 (2 U.S.C. 633(a)) rules (insofar as they relate to that House) dures that tend to enhance the opportunity for to the Committee on Appropriations of the at any time, in the same manner, and to the discrimination against the members of the pro- Senate of amounts for the discretionary ad- same extent as is the case of any other rule tected class, such as unusually large election ministrative expenses of the Social Security of the Senate or House of Representatives. districts, majority vote requirements, anti-single shot provisions, or other qualifications, pre- Administration and the United States Postal f Service. requisites, standards, practices, or procedures (2) SPECIAL RULE.—In the Senate, for pur- JOHN R. LEWIS VOTING RIGHTS that may enhance the opportunity for discrimi- poses of enforcing section 302(f) of the Con- ADVANCEMENT ACT OF 2021 nation against the members of the protected gressional Budget Act of 1974 (2 U.S.C. 633(f)), class. Mr. NADLER. Madam Speaker, pur- ‘‘(D) If there is a candidate slating process, estimates of the level of total new budget au- suant to House Resolution 601, I call up thority and total outlays provided by a whether the members of the protected class have measure shall include any discretionary the bill (H.R. 4) to amend the Voting been denied access to that process. amounts described in paragraph (1). Rights Act of 1965 to revise the criteria ‘‘(E) The extent to which members of the pro- (b) HOUSE OF REPRESENTATIVES.— for determining which States and polit- tected class in the State or political subdivision (1) IN GENERAL.—In the House of Represent- ical subdivisions are subject to section bear the effects of discrimination both public or atives, notwithstanding section 302(a)(1) of 4 of the Act, and for other purposes, private, in such areas as education, employ- the Congressional Budget Act of 1974 (2 and ask for its immediate consider- ment, health, housing, and transportation, U.S.C. 633(a)(1)), section 13301 of the Budget which hinder their ability to participate effec- ation. tively in the political process. Enforcement Act of 1990 (2 U.S.C. 632 note), The Clerk read the title of the bill. and section 2009a of title 39, United States ‘‘(F) Whether political campaigns have been Code, the report or the joint explanatory The SPEAKER pro tempore (Mrs. characterized by overt or subtle racial appeals. statement accompanying this concurrent BEATTY). Pursuant to House Resolution ‘‘(G) The extent to which members of the pro- resolution on the budget or the statement 601, the amendment printed in House tected class have been elected to public office in filed pursuant to section 4006(b), as applica- Report 117–117 is adopted and the bill, the jurisdiction. ble, shall include in an allocation under sec- as amended, is considered read. ‘‘(3) In conducting a totality of the cir- tion 302(a) of the Congressional Budget Act The text of the bill, as amended, is as cumstances analysis under paragraph (2), a court may consider such other factors as the of 1974 (2 U.S.C. 633(a)) to the Committee on follows: Appropriations of the House of Representa- court may determine to be relevant, including— tives of amounts for the discretionary ad- H.R. 4 ‘‘(A) whether there is a significant lack of re- ministrative expenses of the Social Security Be it enacted by the Senate and House of Rep- sponsiveness on the part of elected officials to Administration and the United States Postal resentatives of the United States of America in the particularized needs of the members of the Service. Congress assembled, protected class, including a lack of concern for (2) SPECIAL RULE.—In the House of Rep- SECTION 1. SHORT TITLE. or responsiveness to the requests and proposals resentatives, for purposes of enforcing sec- This Act may be cited as the ‘‘John R. Lewis of the members of the protected class, except tion 302(f) of the Congressional Budget Act of Voting Rights Advancement Act of 2021’’. that compliance with a court order may not be considered evidence of responsiveness on the 1974 (2 U.S.C. 633(f)), estimates of the level of SEC. 2. VOTE DILUTION, DENIAL, AND ABRIDG- total new budget authority and total outlays MENT CLAIMS. part of the jurisdiction; and provided by a measure shall include any dis- (a) IN GENERAL.—Section 2(a) of the Voting ‘‘(B) whether the policy underlying the State cretionary amounts described in paragraph Rights Act of 1965 (52 U.S.C. 10301(a)) is amend- or political subdivision’s use of such voting (1). ed— qualification, prerequisite to voting, or stand- SEC. 4013. APPROPRIATE BUDGETARY ADJUST- (1) by inserting after ‘‘applied by any State or ard, practice or procedure is tenuous. MENTS IN THE HOUSE OF REP- political subdivision’’ the following: ‘‘for the ‘‘In making this determination, a court shall RESENTATIVES. purpose of, or’’; and consider whether the qualification, prerequisite, In the House of Representatives, the chair (2) by striking ‘‘as provided in subsection (b)’’ standard, practice, or procedure in question was of the Committee on the Budget of the House and inserting ‘‘as provided in subsection (b), (c), designed to advance and materially advances a of Representatives may make appropriate (d), or (f)’’. valid and substantiated State insterest.’’. budgetary adjustments of new budget au- (b) VOTE DILUTION.—Section 2(b) of such Act ‘‘(4) A class of citizens protected by subsection thority and the outlays flowing therefrom (52 U.S.C. 10301(b)) is amended— (a) may include a cohesive coalition of members pursuant to the adjustment authorities pro- (1) by inserting after ‘‘A violation of sub- of different racial or language minority vided by this concurrent resolution. section (a)’’ the following: ‘‘for vote dilution’’; groups.’’; and SEC. 4014. ADJUSTMENT FOR CHANGES IN THE (2) by inserting after the period at the end the (4) VOTE DENIAL OR ABRIDGEMENT.—Section 2 BASELINE IN THE HOUSE OF REP- of such Act (52 U.S.C. 10301), as amended by RESENTATIVES. following: ‘‘For the purposes of this sub- In the House of Representatives, the chair section:’’; subsections (a) and (b), is further amended by of the Committee on the Budget of the House (3) by adding at the end the following new adding at the end the following: of Representatives may adjust the alloca- paragraphs: ‘‘(c)(1) A violation of subsection (a) resulting tions, aggregates, and other appropriate ‘‘(1) To prevail, in demonstrating that a rep- in vote denial or abridgement is established if budgetary levels in this concurrent resolu- resentational, districting, or apportionment the challenged qualification, prerequisite, tion to reflect changes resulting from the scheme results in vote dilution, a plaintiff shall, standard, practice, or procedure— Congressional Budget Office’s updates to its as a threshold matter, establish that— ‘‘(A) results or will result in members of a pro- baseline for fiscal years 2022 through 2031.
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