E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, FIRST SESSION

Vol. 167 WASHINGTON, TUESDAY, MARCH 2, 2021 No. 39 House of Representatives The House met at 9 a.m. and was PLEDGE OF ALLEGIANCE HONORING THE SERVICE AND called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the SACRIFICE OF K–9 OFFICER LUNA pore (Mr. CROW). gentleman from Pennsylvania (Mr. f (Mr. STAUBER asked and was given THOMPSON) come forward and lead the permission to address the House for 1 DESIGNATION OF THE SPEAKER House in the Pledge of Allegiance. minute and to revise and extend his re- PRO TEMPORE Mr. THOMPSON of Pennsylvania led marks.) The SPEAKER pro tempore laid be- the Pledge of Allegiance as follows: Mr. STAUBER. Mr. Speaker, I rise fore the House the following commu- I pledge allegiance to the Flag of the today with a heavy heart to mourn the nication from the Speaker: United States of America, and to the Repub- WASHINGTON, DC, tragic loss of K–9 Luna, a beloved mem- lic for which it stands, one nation under God, ber of the Duluth Police Department, March 2, 2021. indivisible, with liberty and justice for all. I hereby appoint the Honorable JASON who was shot and killed in the line of CROW to act as Speaker pro tempore on this f duty last week. day. Luna was a 3-year-old Dutch Shep- NANCY PELOSI, ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE herd who joined the department’s K–9 Speaker of the House of Representatives. unit less than 2 years ago, after her f The SPEAKER pro tempore. The handler, Officer Aaron Haller, lost his PRAYER Chair will entertain up to 15 requests K–9 partner, Haas, in a similar inci- The Chaplain, the Reverend Margaret for 1-minute speeches on each side of dent. Grun Kibben, offered the following the aisle. As a former Duluth police officer prayer: f with the Duluth Police Department, I From before the beginning of time, know firsthand that our K–9 partners God, You have been for us. In eternity IN SUPPORT OF THE FOR THE perform their duties bravely and with past, You had Your hand in both our PEOPLE ACT great loyalty. creation and in our redemption. (Mrs. CAROLYN B. MALONEY of To their handlers, a K–9 is more than May we appreciate the lives You have New York asked and was given permis- a dog. They are a partner, protector, given us, and deliver us from our indul- sion to address the House for 1 minute and a valued family member. K–9 offi- gence which squanders the opportuni- and to revise and extend her remarks.) cers go home with their handlers each ties You have provided. Mrs. CAROLYN B. MALONEY of New night, so their dedication to their han- May we understand that You have York. Mr. Speaker, I strongly support dlers and their job does not end after given us dominion over the Earth, and H.R. 1, the For the People Act. each workday. disavow us of the prideful notion that Included in this important legisla- K–9 Luna was a guardian of the Du- we alone are masters of our own exist- tion is the Vote by Mail Tracking Act, luth community. She died a hero’s ence. legislation I introduced to ensure that death, giving her life to protect her May we see the perfect design You all ballots in Federal elections have a partner and fellow officers on the conceived at creation, and forgive us Postal Service barcode. scene. our destructive disregard for Your This would enable election officials My heart is with Luna’s handler, Of- handiwork. and the public to track the status of a Most important, may we receive the ficer Aaron Haller, the Haller family, ballot from when it is put in the mail and the entire Duluth Police Depart- love You have shown us, and show us to when it is delivered, reducing anx- mercy when our lives reflect, instead, ment during this time of deep sorrow. iety, increasing accuracy, trans- I know it cannot be easy to say good- hate and indifference. parency, and accountability for our Recreate us, O Lord, to live into bye to such a good and loving friend. I ballots. speak for the entire Duluth community Your prevenient plan. We stand in need After an election year with record- of Your redemptive grace. when I say that we are eternally grate- breaking numbers of Americans voting ful for Luna’s service and sacrifice. In the strength of Your eternal name by mail, it has never been more critical we pray. Amen. to provide election officials and the f public peace of mind that every vote f matters and is counted accurately. THE JOURNAL I urge overwhelming support for H.R. REMOVE BIG MONEY IN POLITICS The SPEAKER pro tempore. Pursu- 1, which includes reforms across our (Mr. CROW asked and was given per- ant to section 5(a)(1)(A) of House Reso- Government that are critically impor- mission to address the House for 1 lution 8, the Journal of the last day’s tant, and it includes this important minute and to revise and extend his re- proceedings is approved. bill, too. marks.)

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Sep 11 2014 17:04 Mar 04, 2021 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORD21\MARCH\H02MR1.REC H02MR1 sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE H886 CONGRESSIONAL RECORD — HOUSE March 2, 2021 Mr. CROW. Madam Speaker, I rise in Mr. ARRINGTON. Mr. Speaker, I rise human rights violations taking place support of H.R. 1, the For the People today to remember and honor a great in Burma, also known as Myanmar. Act. West Texan, United States Air Force For decades, the country of Burma I have said since day one on this job Colonel Exa Fay Hooten, of Abilene, has been working diligently to estab- that if you want to do big and trans- Texas. She passed away on January 16 lish credible elections, democratic ci- formational things in America, you at the age of 92. She was born on Au- vilian governance, and a peaceful tran- first have to get rid of big money in gust 27, 1928, in Floydada, Texas, to sition of power. politics. Maude Latham and Richard W. Hooten. However, this progress came to a halt Whether you want to tackle the cli- After graduating high school, she at- after the military violently seized con- mate crisis, reform healthcare, address tended Texas Tech University, where trol on February 1, 2021. The military the gun violence epidemic, or level the she received a bachelor’s degree and has since used this unlawful control to playing field for American workers, it then later received her Ph.D. from violently oppress ethnic minorities, in- is all about shutting off the flow of big Texas Women’s University. cluding firing artillery into Burmese money, ending gerrymandering, bol- Exa Fay believed travel was second villages and displacing over 7,000 peo- stering our ethics laws, and expanding in importance only to a college edu- ple. access to the ballot box. H.R. 1 will do cation. She joined the Air Force and Peaceful protests for freedom have all of these things. traveled the world working in military been met with deadly force, killing 18 This transformational package in- and imprisoning nearly 700. One pro- hospitals, taking care of our wounded cludes my bill, the End Dark Money tester, a 16-year-old boy, was report- warriors. After Active Duty, she en- Act, to crack down on mega-donors edly shot in the head by an army snip- tered the Reserves and was the first who hide their political contributions er. through phony social welfare organiza- U.S. Air Force Reserve dietician to ob- Utica, New York, my hometown, is tions. tain the rank of full colonel. home to over 4,000 Burmese refugees If we have learned anything in the I thank Colonel Hooten for her serv- and new Burmese-American citizens. past few years, it is that our democ- ice and patriotism. I thank her for Many fear for the lives of their friends racy is in need of reform. We can and showing us that, like the West Texas and families in peril in Burma. must do big things again, and it begins horizon, the possibilities of life are In Utica, they have peacefully stood by passing H.R. 1. limitless when you pursue your passion in solidarity with their home country, I urge my colleagues to join me in and put others first. holding signs that say, ‘‘Save Democ- this historic effort. God bless, and go West Texas. racy, Save Burma.’’ f f I met recently with a group of these PRIORITIZE SAVE OUR STAGES RECOGNIZING CARTER SMITH refugees to hear their grim accounts of FUNDING the conditions in their native country. (Mr. THOMPSON of Pennsylvania Their passion and courage are inspir- (Mr. WILLIAMS of Texas asked and asked and was given permission to ad- ing. was given permission to address the dress the House for 1 minute and to re- We must also condemn the cruelty House for 1 minute.) vise and extend his remarks.) and genocide against the Rohingya Mr. WILLIAMS of Texas. Madam Mr. THOMPSON of Pennsylvania. people, an ethnic minority who also Speaker, I rise today to speak for thou- Madam Speaker, I rise today to recog- desperately need our support and as- sands of music venues, movie theaters, nize and congratulate Carter Smith of sistance. and museums that are struggling to Cresson, Pennsylvania. Carter has ac- The U.S. remains a symbol of democ- survive the COVID–19 pandemic. cepted a fully qualified appointment to racy to the world. I urge my colleagues Over the past year, Congress has the United States Military Academy at to join me in supporting the Burmese come together in a bipartisan manner West Point. Carter is the son of Gary people in their quest for freedom and to pass over $3.5 trillion in pandemic and Holly Lynne Smith. democracy. assistance. While much of this aid was As a student at Penn Cambria High f necessary, government bureaucracy School, Carter was heavily involved in has routinely delayed getting this the speech club, theater, and the Na- b 0915 money into the hands of the American tional Honor Society, as well as both FOR THE PEOPLE ACT OF 2021 people. As of today, there are still $1.3 the football and basketball teams. Ms. LOFGREN. Madam Speaker, pur- trillion in unspent COVID–19 relief. In addition to having a long resume In December, the House passed my suant to House Resolution 179, I call up of extracurricular activities, Carter bipartisan Save our Stages Act, which the bill (H.R. 1) to expand Americans’ has excelled in the classroom as well, established the $15 billion Shuttered access to the ballot box, reduce the in- maintaining a 4.0 GPA. Venue Operators Grant, providing di- fluence of big money in politics, April Gergely, Carter’s English rect relief for music venues, movie the- strengthen ethics rules for public serv- teacher, had nothing but positive aters, and museums devastated by the ants, and implement other anti-corrup- pandemic. These businesses were the things to say about him in her letter of tion measures for the purpose of for- first to close and will be some of the recommendation. tifying our democracy, and for other last to reopen. She said: ‘‘Carter stood out as an ex- purposes, and ask for its immediate Nine weeks have passed since Presi- tremely hardworking, intelligent, per- consideration in the House. dent Trump signed this into law, and ceptive, detail-oriented, honest, reli- The Clerk read the title of the bill. the SBA still has not even produced able, and mature student.’’ The SPEAKER pro tempore (Ms. the application for venue owners to I am confident Carter’s experience in DEGETTE). Pursuant to House Resolu- apply. At this rate, some grants won’t and out of the classroom will serve him tion 179 the amendment printed in part be delivered until summer. well as he looks forward to this excit- A of House Report 117–9 is adopted, and This is unacceptable, and the SBA ing new phase of life. the bill, as amended, is considered needs to get to work immediately. I thank Carter for his commitment read. Every day we wait, there is another to our Nation, and I wish him the best The text of the bill, as amended, is as door that permanently closes. The bot- of luck at West Point. follows: tom line is: The shows must go on. f H.R. 1 In God we trust. Be it enacted by the Senate and House of Rep- HUMAN RIGHTS VIOLATIONS IN resentatives of the United States of America in f BURMA Congress assembled, REMEMBERING UNITED STATES (Ms. TENNEY asked and was given SECTION 1. SHORT TITLE. AIR FORCE COLONEL EXA FAY permission to address the House for 1 This Act may be cited as the ‘‘For the People Act of 2021’’. HOOTEN minute and to revise and extend her re- SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; (Mr. ARRINGTON asked and was marks.) TABLE OF CONTENTS. given permission to address the House Ms. TENNEY. Madam Speaker, I rise (a) DIVISIONS.—This Act is organized into di- for 1 minute.) today to raise awareness of the grave visions as follows:

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 6333 E:\CR\FM\K02MR7.003 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H887 (1) Division A—Voting. Sec. 1082. Requiring applicants for motor vehi- Subtitle J—Absent Uniformed Services Voters (2) Division B—Campaign Finance. cle driver’s licenses in new state and Overseas Voters (3) Division C—Ethics. to indicate whether state serves as Sec. 1701. Pre-election reports on availability (b) TABLE OF CONTENTS.—The table of con- residence for voter registration and transmission of absentee bal- tents of this Act is as follows: purposes. lots. Sec. 1. Short title. PART 9—PROVIDING VOTER REGISTRATION Sec. 1702. Enforcement. Sec. 2. Organization of Act into divisions; table INFORMATION TO SECONDARY SCHOOL STUDENTS Sec. 1703. Revisions to 45-day absentee ballot of contents. Sec. 1091. Pilot program for providing voter reg- transmission rule. Sec. 3. Findings of general constitutional au- istration information to secondary Sec. 1704. Use of single absentee ballot applica- thority. school students prior to gradua- tion for subsequent elections. Sec. 4. Standards for judicial review. tion. Sec. 1705. Extending guarantee of residency for DIVISION A—VOTING Sec. 1092. Reports. voting purposes to family members TITLE I—ELECTION ACCESS Sec. 1093. Authorization of appropriations. of absent military personnel. Sec. 1706. Requiring transmission of blank ab- Sec. 1000. Short title; statement of policy. PART 10—VOTER REGISTRATION OF MINORS sentee ballots under UOCAVA to Subtitle A—Voter Registration Modernization Sec. 1094. Acceptance of voter registration ap- certain voters. Sec. 1000A. Short title. plications from individuals under Sec. 1707. Effective date. 18 years of age. PART 1—PROMOTING INTERNET REGISTRATION Subtitle K—Poll Worker Recruitment and Sec. 1001. Requiring availability of internet for Subtitle B—Access to Voting for Individuals Training With Disabilities voter registration. Sec. 1801. Grants to States for poll worker re- Sec. 1002. Use of internet to update registration Sec. 1101. Requirements for States to promote cruitment and training. information. access to voter registration and Sec. 1802. State defined. Sec. 1003. Provision of election information by voting for individuals with dis- electronic mail to individuals reg- abilities. Subtitle L—Enhancement of Enforcement istered to vote. Sec. 1102. Expansion and reauthorization of Sec. 1811. Enhancement of enforcement of Help Sec. 1004. Clarification of requirement regard- grant program to assure voting America Vote Act of 2002. ing necessary information to show access for individuals with dis- Subtitle M—Federal Election Integrity eligibility to vote. abilities. Sec. 1821. Prohibition on campaign activities by Sec. 1005. Prohibiting State from requiring ap- Sec. 1103. Pilot programs for enabling individ- chief State election administration plicants to provide more than last uals with disabilities to register to officials. 4 digits of Social Security number. vote privately and independently Sec. 1006. Effective date. at residences. Subtitle N—Promoting Voter Access Through Election Administration Improvements PART 2—AUTOMATIC VOTER REGISTRATION Sec. 1104. GAO analysis and report on voting Sec. 1011. Short title; findings and purpose. access for individuals with dis- PART 1—PROMOTING VOTER ACCESS Sec. 1012. Automatic registration of eligible in- abilities. Sec. 1901. Treatment of institutions of higher dividuals. Subtitle C—Prohibiting Voter Caging education. Sec. 1013. Contributing agency assistance in Sec. 1201. Voter caging and other questionable Sec. 1902. Minimum notification requirements registration. challenges prohibited. for voters affected by polling Sec. 1014. One-time contributing agency assist- Sec. 1202. Development and adoption of best place changes. ance in registration of eligible vot- practices for preventing voter cag- Sec. 1903. Permitting use of sworn written state- ers in existing records. ing. ment to meet identification re- Sec. 1015. Voter protection and security in quirements for voting. automatic registration. Subtitle D—Prohibiting Deceptive Practices and Sec. 1904. Accommodations for voters residing Sec. 1016. Registration portability and correc- Preventing Voter Intimidation in Indian lands. tion. Sec. 1301. Short title. Sec. 1905. Voter information response systems Sec. 1017. Payments and grants. Sec. 1302. Prohibition on deceptive practices in and hotline. Sec. 1018. Treatment of exempt States. Federal elections. Sec. 1906. Ensuring equitable and efficient op- Sec. 1019. Miscellaneous provisions. Sec. 1303. Corrective action. eration of polling places. Sec. 1020. Definitions. Sec. 1304. Reports to Congress. Sec. 1907. Requiring States to provide secured Sec. 1021. Effective date. Subtitle E—Democracy Restoration drop boxes for voted absentee bal- PART 3—SAME DAY VOTER REGISTRATION Sec. 1401. Short title. lots in elections for Federal office. Sec. 1031. Same day registration. Sec. 1402. Findings. Sec. 1908. Prohibiting States from restricting PART 4—CONDITIONS ON REMOVAL ON BASIS OF Sec. 1403. Rights of citizens. curbside voting. INTERSTATE CROSS-CHECKS Sec. 1404. Enforcement. Sec. 1909. Election Day as legal public holiday. Sec. 1041. Conditions on removal of registrants Sec. 1405. Notification of restoration of voting PART 2—DISASTER AND EMERGENCY from official list of eligible voters rights. CONTINGENCY PLANS on basis of interstate cross-checks. Sec. 1406. Definitions. Sec. 1911. Requirements for Federal election Sec. 1407. Relation to other laws. PART 5—OTHER INITIATIVES TO PROMOTE VOTER contingency plans in response to Sec. 1408. Federal prison funds. REGISTRATION natural disasters and emergencies. Sec. 1409. Effective date. Sec. 1051. Annual reports on voter registration PART 3—IMPROVEMENTS IN OPERATION OF Subtitle F—Promoting Accuracy, Integrity, and statistics. ELECTION ASSISTANCE COMMISSION Security Through Voter-Verified Permanent Sec. 1052. Ensuring pre-election registration Sec. 1921. Reauthorization of Election Assist- Paper Ballot deadlines are consistent with tim- ance Commission. ing of legal public holidays. Sec. 1501. Short title. Sec. 1922. Requiring States to participate in Sec. 1053. Use of Postal Service hard copy Sec. 1502. Paper ballot and manual counting re- post-general election surveys. change of address form to remind quirements. Sec. 1923. Reports by National Institute of individuals to update voter reg- Sec. 1503. Accessibility and ballot verification Standards and Technology on use istration. for individuals with disabilities. of funds transferred from Election Sec. 1054. Grants to States for activities to en- Sec. 1504. Durability and readability require- Assistance Commission. courage involvement of minors in ments for ballots. Sec. 1924. Recommendations to improve oper- election activities. Sec. 1505. Study and report on optimal ballot ations of Election Assistance Com- PART 6—AVAILABILITY OF HAVA REQUIREMENTS design. mission. PAYMENTS Sec. 1506. Paper ballot printing requirements. Sec. 1925. Repeal of exemption of Election As- Sec. 1507. Effective date for new requirements. Sec. 1061. Availability of requirements pay- sistance Commission from certain ments under HAVA to cover costs Subtitle G—Provisional Ballots government contracting require- of compliance with new require- Sec. 1601. Requirements for counting provi- ments. ments. sional ballots; establishment of PART 4—MISCELLANEOUS PROVISIONS PART 7—PROHIBITING INTERFERENCE WITH uniform and nondiscriminatory Sec. 1931. Application of laws to Common- VOTER REGISTRATION standards. wealth of Northern Mariana Is- Sec. 1071. Prohibiting hindering, interfering Subtitle H—Early Voting lands. with, or preventing voter registra- Sec. 1611. Early voting. Sec. 1932. Definition of election for Federal of- tion. Subtitle I—Voting by Mail fice. Sec. 1072. Establishment of best practices. Sec. 1933. No effect on other laws. Sec. 1621. Voting by mail. PART 8—VOTER REGISTRATION EFFICIENCY ACT Sec. 1622. Absentee ballot tracking program. Subtitle O—Severability Sec. 1081. Short title. Sec. 1623. Voting materials postage. Sec. 1941. Severability.

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 6343 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H888 CONGRESSIONAL RECORD — HOUSE March 2, 2021 TITLE II—ELECTION INTEGRITY Subtitle F—Saving Eligible Voters From Voter Sec. 3602. Initial report on adequacy of re- Subtitle A—Findings Reaffirming Commitment Purging sources available for implementa- of Congress to Restore the Voting Rights Act Sec. 2501. Short title. tion. Sec. 2001. Findings reaffirming commitment of Sec. 2502. Conditions for removal of voters from Subtitle H—Use of Voting Machines Congress to restore the Voting list of registered voters. Manufactured in the United States Rights Act. Subtitle G—No Effect on Authority of States To Sec. 3701. Use of voting machines manufactured Subtitle B—Findings Relating to Native Provide Greater Opportunities for Voting in the United States. American Voting Rights Sec. 2601. No effect on authority of States to Subtitle I—Severability provide greater opportunities for Sec. 2101. Findings relating to Native American Sec. 3801. Severability. voting. voting rights. DIVISION B—CAMPAIGN FINANCE Subtitle C—Findings Relating to District of Subtitle H—Residence of Incarcerated TITLE IV—CAMPAIGN FINANCE Columbia Statehood Individuals TRANSPARENCY Sec. 2201. Findings relating to District of Co- Sec. 2701. Residence of incarcerated individ- Subtitle A—Establishing Duty To Report lumbia statehood. uals. Foreign Election Interference Subtitle D—Territorial Voting Rights Subtitle I—Findings Relating to Youth Voting Sec. 2801. Findings relating to youth voting. Sec. 4001. Findings relating to illicit money un- Sec. 2301. Findings relating to territorial voting dermining our democracy. Subtitle J—Severability rights. Sec. 4002. Federal campaign reporting of for- Sec. 2302. Congressional Task Force on Voting Sec. 2901. Severability. eign contacts. Rights of United States Citizen TITLE III—ELECTION SECURITY Sec. 4003. Federal campaign foreign contact re- Residents of Territories of the Sec. 3000. Short title; sense of Congress. porting compliance system. United States. Subtitle A—Financial Support for Election Sec. 4004. Criminal penalties. Subtitle E—Redistricting Reform Infrastructure Sec. 4005. Report to congressional intelligence Sec. 2400. Short title; finding of constitutional committees. PART 1—VOTING SYSTEM SECURITY authority. Sec. 4006. Rule of construction. IMPROVEMENT GRANTS PART 1—REQUIREMENTS FOR CONGRESSIONAL Sec. 3001. Grants for obtaining compliant paper Subtitle B—DISCLOSE Act REDISTRICTING ballot voting systems and carrying Sec. 4100. Short title. Sec. 2401. Requiring congressional redistricting out voting system security im- PART 1—CLOSING LOOPHOLES ALLOWING to be conducted through plan of provements. SPENDING BY FOREIGN NATIONALS IN ELECTIONS independent State commission. Sec. 3002. Coordination of voting system secu- Sec. 4101. Clarification of prohibition on par- Sec. 2402. Ban on mid-decade redistricting. rity activities with use of require- ticipation by foreign nationals in Sec. 2403. Criteria for redistricting. ments payments and election ad- election-related activities. ministration requirements under PART 2—INDEPENDENT REDISTRICTING Sec. 4102. Clarification of application of foreign Help America Vote Act of 2002. COMMISSIONS money ban to certain disburse- Sec. 3003. Incorporation of definitions. Sec. 2411. Independent redistricting commission. ments and activities. Sec. 2412. Establishment of selection pool of in- PART 2—GRANTS FOR RISK-LIMITING AUDITS OF Sec. 4103. Audit and report on illicit foreign dividuals eligible to serve as mem- RESULTS OF ELECTIONS money in Federal elections. bers of commission. Sec. 3011. Grants to States for conducting risk- Sec. 4104. Prohibition on contributions and do- Sec. 2413. Public notice and input. limiting audits of results of elec- nations by foreign nationals in Sec. 2414. Establishment of related entities. tions. connections with ballot initiatives Sec. 2415. Report on diversity of memberships of Sec. 3012. GAO analysis of effects of audits. and referenda. independent redistricting commis- PART 3—ELECTION INFRASTRUCTURE INNOVATION Sec. 4105. Disbursements and activities subject sions. GRANT PROGRAM to foreign money ban. PART 3—ROLE OF COURTS IN DEVELOPMENT OF Sec. 3021. Election infrastructure innovation Sec. 4106. Prohibiting establishment of corpora- REDISTRICTING PLANS grant program. tion to conceal election contribu- tions and donations by foreign Sec. 2421. Enactment of plan developed by 3- Subtitle B—Security Measures judge court. nationals. Sec. 3101. Election infrastructure designation. Sec. 2422. Special rule for redistricting con- ART 2—REPORTING OF CAMPAIGN-RELATED Sec. 3102. Timely threat information. P ducted under order of Federal Sec. 3103. Security clearance assistance for elec- DISBURSEMENTS court. tion officials. Sec. 4111. Reporting of campaign-related dis- PART 4—ADMINISTRATIVE AND MISCELLANEOUS Sec. 3104. Security risk and vulnerability as- bursements. PROVISIONS sessments. Sec. 4112. Application of foreign money ban to Sec. 2431. Payments to States for carrying out Sec. 3105. Annual reports. disbursements for campaign-re- redistricting. Sec. 3106. Pre-election threat assessments. lated disbursements consisting of Sec. 2432. Civil enforcement. Subtitle C—Enhancing Protections for United covered transfers. Sec. 2433. State apportionment notice defined. States Democratic Institutions Sec. 4113. Effective date. Sec. 2434. No effect on elections for State and Sec. 3201. National strategy to protect United PART 3—OTHER ADMINISTRATIVE REFORMS local office. States democratic institutions. Sec. 4121. Petition for certiorari. Sec. 2435. Effective date. Sec. 3202. National Commission to Protect Sec. 4122. Judicial review of actions related to PART 5—REQUIREMENTS FOR REDISTRICTING United States Democratic Institu- campaign finance laws. CARRIED OUT PURSUANT TO 2020 CENSUS tions. Subtitle C—Strengthening Oversight of Online SUBPART A—APPLICATION OF CERTAIN REQUIRE- Subtitle D—Promoting Cybersecurity Through Political Advertising MENTS FOR REDISTRICTING CARRIED OUT PUR- Improvements in Election Administration Sec. 4201. Short title. SUANT TO 2020 CENSUS Sec. 3301. Testing of existing voting systems to Sec. 4202. Purpose. Sec. 2441. Application of certain requirements ensure compliance with election Sec. 4203. Findings. for redistricting carried out pur- cybersecurity guidelines and other Sec. 4204. Sense of Congress. suant to 2020 Census. guidelines. Sec. 4205. Expansion of definition of public Sec. 2442. Triggering events. Sec. 3302. Treatment of electronic poll books as communication. SUBPART B—INDEPENDENT REDISTRICTING COM- part of voting systems. Sec. 4206. Expansion of definition of election- MISSIONS FOR REDISTRICTING CARRIED OUT Sec. 3303. Pre-election reports on voting system eering communication. PURSUANT TO 2020 CENSUS usage. Sec. 4207. Application of disclaimer statements Sec. 2451. Use of independent redistricting com- Sec. 3304. Streamlining collection of election in- to online communications. missions for redistricting carried formation. Sec. 4208. Political record requirements for on- out pursuant to 2020 Census. Subtitle E—Preventing Election Hacking line platforms. Sec. 2452. Establishment of selection pool of in- Sec. 3401. Short title. Sec. 4209. Preventing contributions, expendi- dividuals eligible to serve as mem- Sec. 3402. Election Security Bug Bounty Pro- tures, independent expenditures, bers of commission. gram. and disbursements for election- Sec. 2453. Criteria for redistricting plan; public Subtitle F—Election Security Grants Advisory eering communications by foreign notice and input. Committee nationals in the form of online Sec. 2454. Establishment of related entities. advertising. Sec. 3501. Establishment of advisory committee. Sec. 2455. Report on diversity of memberships of Sec. 4210. Independent study on media literacy independent redistricting commis- Subtitle G—Miscellaneous Provisions and online political content con- sions. Sec. 3601. Definitions. sumption.

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 6343 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H889 Sec. 4211. Requiring online platforms to display TITLE V—CAMPAIGN FINANCE TITLE VI—CAMPAIGN FINANCE notices identifying sponsors of po- EMPOWERMENT OVERSIGHT litical advertisements and to en- Subtitle A—Findings Relating to Citizens United Subtitle A—Restoring Integrity to America’s sure notices continue to be present Decision Elections when advertisements are shared. Sec. 5001. Findings relating to Citizens United Sec. 6001. Short title. Subtitle D—Stand By Every Ad decision. Sec. 6002. Membership of Federal Election Com- mission. Sec. 4301. Short title. Subtitle B—Congressional Elections Sec. 6003. Assignment of powers to Chair of Sec. 4302. Stand by every ad. Sec. 5100. Short title. Federal Election Commission. Sec. 4303. Disclaimer requirements for commu- Sec. 6004. Revision to enforcement process. PART 1—MY VOICE VOUCHER PILOT PROGRAM nications made through Sec. 6005. Permitting appearance at hearings on prerecorded telephone calls. Sec. 5101. Establishment of pilot program. requests for advisory opinions by Sec. 4304. No expansion of persons subject to Sec. 5102. Voucher program described. persons opposing the requests. disclaimer requirements on inter- Sec. 5103. Reports. Sec. 6006. Permanent extension of administra- net communications. Sec. 5104. Definitions. tive penalty authority. Sec. 4305. Effective date. PART 2—SMALL DOLLAR FINANCING OF Sec. 6007. Restrictions on ex parte communica- CONGRESSIONAL ELECTION CAMPAIGNS tions. Subtitle E—Deterring Foreign Interference in Sec. 6008. Clarifying authority of FEC attor- Elections Sec. 5111. Benefits and eligibility requirements neys to represent FEC in Supreme PART 1—DETERRENCE UNDER FEDERAL for candidates. Court. ELECTION CAMPAIGN ACT OF 1971 Sec. 5112. Contributions and expenditures by Sec. 6009. Requiring forms to permit use of ac- multicandidate and political Sec. 4401. Restrictions on exchange of campaign cent marks. party committees on behalf of par- information between candidates Sec. 6010. Effective date; transition. ticipating candidates. and foreign powers. Subtitle B—Stopping Super PAC-Candidate Sec. 5113. Prohibiting use of contributions by Sec. 4402. Clarification of standard for deter- Coordination participating candidates for pur- mining existence of coordination Sec. 6101. Short title. poses other than campaign for between campaigns and outside Sec. 6102. Clarification of treatment of coordi- election. interests. nated expenditures as contribu- Sec. 5114. Assessments against fines and pen- Sec. 4403. Prohibition on provision of substan- tions to candidates. alties. Sec. 6103. Clarification of ban on fundraising tial assistance relating to con- Sec. 5115. Study and report on small dollar fi- for super PACs by Federal can- tribution or donation by foreign nancing program. didates and officeholders. nationals. Sec. 5116. Effective date. Sec. 4404. Clarification of application of foreign Subtitle C—Disposal of Contributions or money ban. Subtitle C—Presidential Elections Donations Sec. 5200. Short title. Sec. 6201. Timeframe for and prioritization of PART 2—NOTIFYING STATES OF DISINFORMATION disposal of contributions or dona- CAMPAIGNS BY FOREIGN NATIONALS PART 1—PRIMARY ELECTIONS tions. Sec. 4411. Notifying States of disinformation Sec. 5201. Increase in and modifications to Sec. 6202. 1-year transition period for certain campaigns by foreign nationals. matching payments. individuals. Sec. 5202. Eligibility requirements for matching PART 3—PROHIBITING USE OF DEEPFAKES IN Subtitle D—Recommendations to Ensure Filing payments. ELECTION CAMPAIGNS of Reports Before Date of Election Sec. 5203. Repeal of expenditure limitations. Sec. 6301. Recommendations to ensure filing of Sec. 4421. Prohibition on distribution of materi- Sec. 5204. Period of availability of matching reports before date of election. ally deceptive audio or visual payments. media prior to election. Sec. 5205. Examination and audits of matchable Subtitle E—Severability PART 4—ASSESSMENT OF EXEMPTION OF REG- contributions. Sec. 6401. Severability. ISTRATION REQUIREMENTS UNDER FARA FOR Sec. 5206. Modification to limitation on con- DIVISION C—ETHICS REGISTERED LOBBYISTS tributions for Presidential pri- TITLE VII—ETHICAL STANDARDS Sec. 4431. Assessment of exemption of registra- mary candidates. Subtitle A—Supreme Court Ethics tion requirements under FARA for Sec. 5207. Use of Freedom From Influence Fund Sec. 7001. Code of conduct for Federal judges. as source of payments. registered lobbyists. Subtitle B—Foreign Agents Registration Subtitle F—Secret Money Transparency PART 2—GENERAL ELECTIONS Sec. 7101. Establishment of FARA investigation Sec. 5211. Modification of eligibility require- Sec. 4501. Repeal of restriction of use of funds and enforcement unit within De- ments for public financing. by Internal Revenue Service to partment of Justice. Sec. 5212. Repeal of expenditure limitations and Sec. 7102. Authority to impose civil money pen- bring transparency to political ac- use of qualified campaign con- alties. tivity of certain nonprofit organi- tributions. Sec. 7103. Disclosure of transactions involving zations. Sec. 5213. Matching payments and other modi- things of financial value con- Sec. 4502. Repeal of regulations. fications to payment amounts. ferred on officeholders. Subtitle G—Shareholder Right-to-Know Sec. 5214. Increase in limit on coordinated Sec. 7104. Ensuring online access to registration Sec. 4601. Repeal of restriction on use of funds party expenditures. statements. by Securities and Exchange Com- Sec. 5215. Establishment of uniform date for re- Subtitle C—Lobbying Disclosure Reform mission to ensure shareholders of lease of payments. Sec. 7201. Expanding scope of individuals and corporations have knowledge of Sec. 5216. Amounts in Presidential Election activities subject to requirements corporation political activity. Campaign Fund. of Lobbying Disclosure Act of Sec. 4602. Assessment of shareholder pref- Sec. 5217. Use of general election payments for 1995. erences for disbursements for po- general election legal and ac- Sec. 7202. Prohibiting receipt of compensation litical purposes. counting compliance. for lobbying activities on behalf of Sec. 4603. Governance and operations of cor- Sec. 5218. Use of Freedom From Influence Fund foreign countries violating human porate PACs. as source of payments. rights. Sec. 7203. Requiring lobbyists to disclose status PART 3—EFFECTIVE DATE Subtitle H—Disclosure of Political Spending by as lobbyists upon making any lob- Government Contractors Sec. 5221. Effective date. bying contacts. Sec. 4701. Repeal of restriction on use of funds Subtitle D—Personal Use Services as Authorized Subtitle D—Recusal of Presidential Appointees to require disclosure of political Campaign Expenditures Sec. 7301. Recusal of appointees. spending by government contrac- Sec. 5301. Short title; findings; purpose. Subtitle E—Clearinghouse on Lobbying tors. Sec. 5302. Treatment of payments for child care Information Subtitle I—Limitation and Disclosure Require- and other personal use services as Sec. 7401. Establishment of clearinghouse. authorized campaign expenditure. ments for Presidential Inaugural Committees Subtitle F—Severability Sec. 4801. Short title. Subtitle E—Empowering Small Dollar Donations Sec. 7501. Severability. Sec. 4802. Limitations and disclosure of certain Sec. 5401. Permitting political party committees TITLE VIII—ETHICS REFORMS FOR THE donations to, and disbursements to provide enhanced support for PRESIDENT, VICE PRESIDENT, AND FED- by, Inaugural Committees. candidates through use of sepa- ERAL OFFICERS AND EMPLOYEES Subtitle J—Miscellaneous Provisions rate small dollar accounts. Subtitle A—Executive Branch Conflict of Sec. 4901. Effective dates of provisions. Subtitle F—Severability Interest Sec. 4902. Severability. Sec. 5501. Severability. Sec. 8001. Short title.

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 6343 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H890 CONGRESSIONAL RECORD — HOUSE March 2, 2021 Sec. 8002. Restrictions on private sector pay- Sec. 9102. Conflict of interest rules for Members authority and responsibility to enforce the ment for government service. of Congress and congressional Guarantee Clause is particularly strong given Sec. 8003. Requirements relating to slowing the staff. that Federal courts have not enforced this revolving door. Sec. 9103. Exercise of rulemaking powers. clause because they understood that its enforce- Sec. 8004. Prohibition of procurement officers Subtitle C—Campaign Finance and Lobbying ment is committed to Congress by the Constitu- accepting employment from gov- Disclosure tion. ernment contractors. (3)(A) Congress also finds that it has broad Sec. 9201. Short title. Sec. 8005. Revolving door restrictions on em- authority pursuant to section 5 of the Four- Sec. 9202. Requiring disclosure in certain re- ployees moving into the private teenth Amendment to legislate to enforce the ports filed with Federal Election sector. provisions of the Fourteenth Amendment, in- Commission of persons who are Sec. 8006. Guidance on unpaid employees. cluding its protections of the right to vote and registered lobbyists. Sec. 8007. Limitation on use of Federal funds the democratic process. and contracting at businesses Sec. 9203. Effective date. (B) Section 1 of the Fourteenth Amendment owned by certain Government of- Subtitle D—Access to Congressionally Mandated protects the fundamental right to vote, which is ficers and employees. Reports ‘‘of the most fundamental significance under Subtitle B—Presidential Conflicts of Interest Sec. 9301. Short title. our constitutional structure’’. Ill. Bd. of Elec- Sec. 8011. Short title. Sec. 9302. Definitions. tion v. Socialist Workers Party, 440 U.S. 173, 184 Sec. 8012. Divestiture of personal financial in- Sec. 9303. Establishment of online portal for (1979); see United States v. Classic, 313 U.S. 299 terests of the President and Vice congressionally mandated reports. (1941) (‘‘Obviously included within the right to President that pose a potential Sec. 9304. Federal agency responsibilities. choose, secured by the Constitution, is the right conflict of interest. Sec. 9305. Removing and altering reports. of qualified voters within a state to cast their Sec. 8013. Initial financial disclosure. Sec. 9306. Relationship to the Freedom of Infor- ballots and have them counted . . .’’). As the Su- Sec. 8014. Contracts by the President or Vice mation Act. preme Court has repeatedly affirmed, the right President. Sec. 9307. Implementation. to vote is ‘‘preservative of all rights’’, Yick Wo Sec. 8015. Legal defense funds. Subtitle E—Reports on Outside Compensation v. Hopkins, 118 U.S. 356, 370 (1886). Section 2 of Subtitle C—White House Ethics Transparency Earned by Congressional Employees the Fourteenth Amendment also protects the Sec. 8021. Short title. Sec. 9401. Reports on outside compensation right to vote, granting Congress additional au- Sec. 8022. Procedure for waivers and authoriza- earned by congressional employ- thority to reduce a State’s representation in tions relating to ethics require- ees. Congress when the right to vote is abridged or ments. denied. Subtitle F—Severability Subtitle D—Executive Branch Ethics (C) As a result, Congress finds that it has the Enforcement Sec. 9501. Severability. authority pursuant to section 5 of the Four- TITLE X—PRESIDENTIAL AND VICE teenth Amendment to protect the right to vote. Sec. 8031. Short title. Congress also finds that States and localities Sec. 8032. Reauthorization of the Office of Gov- PRESIDENTIAL TAX TRANSPARENCY have eroded access to the right to vote through ernment Ethics. Sec. 10001. Presidential and Vice Presidential restrictions on the right to vote including exces- Sec. 8033. Tenure of the Director of the Office tax transparency. sively onerous voter identification requirements, of Government Ethics. SEC. 3. FINDINGS OF GENERAL CONSTITUTIONAL burdensome voter registration procedures, voter Sec. 8034. Duties of Director of the Office of AUTHORITY. Government Ethics. purges, limited and unequal access to voting by Congress finds that the Constitution of the mail, polling place closures, unequal distribu- Sec. 8035. Agency ethics officials training and United States grants explicit and broad author- duties. tion of election resources, and other impedi- ity to protect the right to vote, to regulate elec- ments. Sec. 8036. Prohibition on use of funds for cer- tions for Federal office, to prevent and remedy tain Federal employee travel in (D) Congress also finds that ‘‘the right of suf- discrimination in voting, and to defend the Na- frage can be denied by a debasement or dilution contravention of certain regula- tion’s democratic process. Congress enacts the tions. of the weight of a citizen’s vote just as effec- ‘‘For the People Act of 2021’’ pursuant to this tively as by wholly prohibiting the free exercise Sec. 8037. Reports on cost of Presidential travel. broad authority, including but not limited to the Sec. 8038. Reports on cost of senior Federal offi- of the franchise’’. Reynolds v. Sims, 377 U.S. following: cial travel. 533, 555 (1964). Congress finds that the right of (1) Congress finds that it has broad authority Subtitle E—Conflicts From Political Fundraising suffrage has been so diluted and debased by to regulate the time, place, and manner of con- means of gerrymandering of districts. Congress Sec. 8041. Short title. gressional elections under the Elections Clause finds that it has authority pursuant to section Sec. 8042. Disclosure of certain types of con- of the Constitution, article I, section 4, clause 1. 5 of the Fourteenth Amendment to remedy this tributions. The Supreme Court has affirmed that the ‘‘sub- debasement. Subtitle F—Transition Team Ethics stantive scope’’ of the Elections Clause is (4)(A) Congress also finds that it has author- Sec. 8051. Short title. ‘‘broad’’; that ‘‘Times, Places, and Manner’’ are ity to legislate to eliminate racial discrimination Sec. 8052. Presidential transition ethics pro- ‘‘comprehensive words which embrace authority in voting and the democratic process pursuant grams. to provide for a complete code for congressional to both section 5 of the Fourteenth Amendment, Subtitle G—Ethics Pledge For Senior Executive elections’’; and ‘‘[t]he power of Congress over which grants equal protection of the laws, and Branch Employees the Times, Places and Manner of congressional section 2 of the Fifteenth Amendment, which ex- Sec. 8061. Short title. elections is paramount, and may be exercised at plicitly bars denial or abridgment of the right to Sec. 8062. Ethics pledge requirement for senior any time, and to any extent which it deems ex- vote on account of race, color, or previous con- executive branch employees. pedient; and so far as it is exercised, and no far- dition of servitude. ther, the regulations effected supersede those of Subtitle H—Travel on Private Aircraft by Senior (B) Congress finds that racial discrimination the State which are inconsistent therewith’’. Ar- Political Appointees in access to voting and the political process per- izona v. Inter Tribal Council of Arizona, 570 sists. Voting restrictions, redistricting, and other Sec. 8071. Short title. U.S. 1, 8–9 (2013) (internal quotation marks and electoral practices and processes continue to dis- Sec. 8072. Prohibition on use of funds for travel citations omitted). Indeed, ‘‘Congress has ple- proportionately impact communities of color in on private aircraft. nary and paramount jurisdiction over the whole the United States and do so as a result of both Subtitle I—Severability subject’’ of congressional elections, Ex parte intentional racial discrimination, structural rac- Sec. 8081. Severability. Siebold, 100 U.S. (10 Otto) 371, 388 (1879), and ism, and the ongoing structural socioeconomic TITLE IX—CONGRESSIONAL ETHICS this power ‘‘may be exercised as and when Con- effects of historical racial discrimination. REFORM gress sees fit’’, and ‘‘so far as it extends and (C) Recent elections and studies have shown Subtitle A—Requiring Members of Congress To conflicts with the regulations of the State, nec- that minority communities wait longer in lines Reimburse Treasury for Amounts Paid as Set- essarily supersedes them’’. Id. At 384. Among to vote, are more likely to have their mail ballots tlements and Awards Under Congressional Ac- other things, Congress finds that the Elections rejected, continue to face intimidation at the countability Act of 1995 Clause was intended to ‘‘vindicate the people’s polls, are more likely to be disenfranchised by right to equality of representation in the voter purges, and are disproportionately bur- Sec. 9001. Requiring Members of Congress to re- House’’. Wesberry v. Sanders, 376 U.S. 1, 16 dened by voter identification and other voter re- imburse Treasury for amounts (1964), and to address partisan gerrymandering, strictions. Research shows that communities of paid as settlements and awards Rucho v. Common Cause, 588 U. S. llll, 32- color are more likely to face nearly every barrier under Congressional Account- 33 (2019). to voting than their white counterparts. ability Act of 1995 in all cases of (2) Congress also finds that it has both the au- (D) Congress finds that racial disparities in employment discrimination acts thority and responsibility, as the legislative disenfranchisement due to past felony convic- by Members. body for the United States, to fulfill the promise tions is particularly stark. In 2020, according to Subtitle B—Conflicts of Interests of article IV, section 4, of the Constitution, the Sentencing Project, an estimated 5,200,000 Sec. 9101. Prohibiting Members of House of which states: ‘‘The United States shall guar- Americans could not vote due to a felony con- Representatives from serving on antee to every State in this Union a Republican viction. One in 16 African Americans of voting boards of for-profit entities. Form of Government[.]’’. Congress finds that its age is disenfranchised, a rate 3.7 times greater

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than that of non-African Americans. In seven Subtitle A—Voter Registration Modernization PART 10—VOTER REGISTRATION OF MINORS States–Alabama, Florida, Kentucky, Mississippi, Sec. 1000A. Short title. Sec. 1094. Acceptance of voter registration ap- Tennessee, Virginia, and Wyoming–more than PART 1—PROMOTING INTERNET REGISTRATION plications from individuals under one in seven African Americans is 18 years of age. disenfranchised, twice the national average for Sec. 1001. Requiring availability of internet for Subtitle B—Access to Voting for Individuals African Americans. Congress finds that felony voter registration. With Disabilities disenfranchisement was one of the tools of in- Sec. 1002. Use of internet to update registration tentional racial discrimination during the Jim information. Sec. 1101. Requirements for States to promote Crow era. Congress further finds that current Sec. 1003. Provision of election information by access to voter registration and racial disparities in felony disenfranchisement electronic mail to individuals reg- voting for individuals with dis- are linked to this history of voter suppression, istered to vote. abilities. structural racism in the criminal justice system, Sec. 1004. Clarification of requirement regard- Sec. 1102. Expansion and reauthorization of and ongoing effects of historical discrimination. ing necessary information to show grant program to assure voting (5)(A) Congress finds that it further has the eligibility to vote. access for individuals with dis- power to protect the right to vote from denial or Sec. 1005. Prohibiting State from requiring ap- abilities. abridgment on account of sex, age, or ability to plicants to provide more than last Sec. 1103. Pilot programs for enabling individ- pay a poll tax or other tax pursuant to the 4 digits of Social Security number. uals with disabilities to register to Nineteenth, Twenty-Fourth, and Twenty-Sixth Sec. 1006. Effective date. vote privately and independently Amendments. PART 2—AUTOMATIC VOTER REGISTRATION at residences. (B) Congress finds that electoral practices in- Sec. 1104. GAO analysis and report on voting Sec. 1011. Short title; findings and purpose. cluding voting rights restoration conditions for access for individuals with dis- Sec. 1012. Automatic registration of eligible in- people with convictions, voter identification re- abilities. dividuals. quirements, and other restrictions to the fran- Sec. 1013. Contributing agency assistance in Subtitle C—Prohibiting Voter Caging chise burden voters on account of their ability to pay. registration. Sec. 1201. Voter caging and other questionable (C) Congress further finds that electoral prac- Sec. 1014. One-time contributing agency assist- challenges prohibited. tices including voting restrictions related to col- ance in registration of eligible vot- Sec. 1202. Development and adoption of best lege campuses, age restrictions on mail voting, ers in existing records. practices for preventing voter cag- and similar practices burden the right to vote on Sec. 1015. Voter protection and security in ing. account of age. automatic registration. Subtitle D—Prohibiting Deceptive Practices and SEC. 4. STANDARDS FOR JUDICIAL REVIEW. Sec. 1016. Registration portability and correc- Preventing Voter Intimidation tion. (a) IN GENERAL.—For any action brought for Sec. 1301. Short title. Sec. 1017. Payments and grants. declaratory or injunctive relief to challenge, Sec. 1302. Prohibition on deceptive practices in Sec. 1018. Treatment of exempt States. whether facially or as-applied, the constitu- Federal elections. tionality or lawfulness of any provision of this Sec. 1019. Miscellaneous provisions. Sec. 1020. Definitions. Sec. 1303. Corrective action. Act or any amendment made by this Act or any Sec. 1304. Reports to Congress. rule or regulation promulgated under this Act, Sec. 1021. Effective date. Subtitle E—Democracy Restoration the following rules shall apply: PART 3—SAME DAY VOTER REGISTRATION (1) The action shall be filed in the United Sec. 1031. Same day registration. Sec. 1401. Short title. States District Court for the District of Colum- Sec. 1402. Findings. PART 4—CONDITIONS ON REMOVAL ON BASIS OF bia and an appeal from the decision of the dis- Sec. 1403. Rights of citizens. INTERSTATE CROSS-CHECKS trict court may be taken to the Court of Appeals Sec. 1404. Enforcement. for the District of Columbia Circuit. These Sec. 1041. Conditions on removal of registrants Sec. 1405. Notification of restoration of voting courts, and the Supreme Court of the United from official list of eligible voters rights. States on a writ of certiorari (if such a writ is on basis of interstate cross-checks. Sec. 1406. Definitions. issued), shall have exclusive jurisdiction to hear PART 5—OTHER INITIATIVES TO PROMOTE VOTER Sec. 1407. Relation to other laws. such actions. REGISTRATION Sec. 1408. Federal prison funds. Sec. 1409. Effective date. (2) The party filing the action shall concur- Sec. 1051. Annual reports on voter registration rently deliver a copy the complaint to the Clerk statistics. Subtitle F—Promoting Accuracy, Integrity, and of the House of Representatives and the Sec- Sec. 1052. Ensuring pre-election registration Security Through Voter-Verified Permanent retary of the Senate. deadlines are consistent with tim- Paper Ballot (3) It shall be the duty of the United States ing of legal public holidays. Sec. 1501. Short title. District Court for the District of Columbia and Sec. 1053. Use of Postal Service hard copy Sec. 1502. Paper ballot and manual counting re- the Court of Appeals for the District of Colum- change of address form to remind quirements. bia Circuit to advance on the docket and to ex- individuals to update voter reg- Sec. 1503. Accessibility and ballot verification pedite to the greatest possible extent the disposi- istration. for individuals with disabilities. tion of the action and appeal. Sec. 1054. Grants to States for activities to en- Sec. 1504. Durability and readability require- (b) CLARIFYING SCOPE OF JURISDICTION.—If an courage involvement of minors in ments for ballots. action at the time of its commencement is not election activities. Sec. 1505. Study and report on optimal ballot subject to subsection (a), but an amendment, design. counterclaim, cross-claim, affirmative defense, PART 6—AVAILABILITY OF HAVA REQUIREMENTS Sec. 1506. Paper ballot printing requirements. or any other pleading or motion is filed chal- PAYMENTS Sec. 1507. Effective date for new requirements. lenging, whether facially or as-applied, the con- Sec. 1061. Availability of requirements pay- stitutionality or lawfulness of this Act or any ments under HAVA to cover costs Subtitle G—Provisional Ballots amendment made by this Act or any rule or reg- of compliance with new require- Sec. 1601. Requirements for counting provi- ulation promulgated under this Act, the district ments. sional ballots; establishment of court shall transfer the action to the District PART 7—PROHIBITING INTERFERENCE WITH uniform and nondiscriminatory Court for the District of Columbia, and the ac- VOTER REGISTRATION standards. tion shall thereafter be conducted pursuant to Sec. 1071. Prohibiting hindering, interfering Subtitle H—Early Voting subsection (a). with, or preventing voter registra- Sec. 1611. Early voting. (c) INTERVENTION BY MEMBERS OF CON- tion. GRESS.—In any action described in subsection Subtitle I—Voting by Mail Sec. 1072. Establishment of best practices. (a), any Member of the House of Representatives Sec. 1621. Voting by mail. (including a Delegate or Resident Commissioner PART 8—VOTER REGISTRATION EFFICIENCY ACT Sec. 1622. Absentee ballot tracking program. to the Congress) or Senate shall have the right Sec. 1081. Short title. Sec. 1623. Voting materials postage. to intervene either in support of or opposition to Sec. 1082. Requiring applicants for motor vehi- Subtitle J—Absent Uniformed Services Voters the position of a party to the case regarding the cle driver’s licenses in new state and Overseas Voters constitutionality of the provision. To avoid du- to indicate whether state serves as Sec. 1701. Pre-election reports on availability plication of efforts and reduce the burdens residence for voter registration and transmission of absentee bal- placed on the parties to the action, the court in purposes. lots. any such action may make such orders as it PART 9—PROVIDING VOTER REGISTRATION Sec. 1702. Enforcement. considers necessary, including orders to require INFORMATION TO SECONDARY SCHOOL STUDENTS Sec. 1703. Revisions to 45-day absentee ballot interveners taking similar positions to file joint Sec. 1091. Pilot program for providing voter reg- transmission rule. papers or to be represented by a single attorney istration information to secondary Sec. 1704. Use of single absentee ballot applica- at oral argument. school students prior to gradua- tion for subsequent elections. DIVISION A—VOTING tion. Sec. 1705. Extending guarantee of residency for TITLE I—ELECTION ACCESS Sec. 1092. Reports. voting purposes to family members Sec. 1000. Short title; statement of policy. Sec. 1093. Authorization of appropriations. of absent military personnel.

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 6343 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H892 CONGRESSIONAL RECORD — HOUSE March 2, 2021 Sec. 1706. Requiring transmission of blank ab- protect and preserve electoral and participatory the ballot at a polling place or requests the bal- sentee ballots under UOCAVA to democracy in the United States. lot by mail); and certain voters. Subtitle A—Voter Registration Modernization ‘‘(C) if the individual carries out the steps de- Sec. 1707. Effective date. scribed in subparagraph (A) and subparagraph SEC. 1000A. SHORT TITLE. (B), ensure that the individual is registered to Subtitle K—Poll Worker Recruitment and This subtitle may be cited as the ‘‘Voter Reg- Training vote in the State. istration Modernization Act of 2021’’. ‘‘(3) NOTICE.—The State shall ensure that in- Sec. 1801. Grants to States for poll worker re- PART 1—PROMOTING INTERNET dividuals applying to register to vote online are cruitment and training. REGISTRATION notified of the requirements of paragraph (1) Sec. 1802. State defined. SEC. 1001. REQUIRING AVAILABILITY OF INTER- and of the treatment of individuals unable to Subtitle L—Enhancement of Enforcement NET FOR VOTER REGISTRATION. meet such requirements, as described in para- Sec. 1811. Enhancement of enforcement of Help (a) REQUIRING AVAILABILITY OF INTERNET FOR graph (2). America Vote Act of 2002. REGISTRATION.—The National Voter Registra- ‘‘(d) CONFIRMATION AND DISPOSITION.— Subtitle M—Federal Election Integrity tion Act of 1993 (52 U.S.C. 20501 et seq.) is ‘‘(1) CONFIRMATION OF RECEIPT.—Upon the online submission of a completed voter registra- Sec. 1821. Prohibition on campaign activities by amended by inserting after section 6 the fol- lowing new section: tion application by an individual under this sec- chief State election administration tion, the appropriate State or local election offi- ‘‘SEC. 6A. INTERNET REGISTRATION. officials. cial shall send the individual a notice con- ‘‘(a) REQUIRING AVAILABILITY OF INTERNET Subtitle N—Promoting Voter Access Through firming the State’s receipt of the application FOR ONLINE REGISTRATION.—Each State, acting Election Administration Improvements and providing instructions on how the indi- through the chief State election official, shall vidual may check the status of the application. PART 1—PROMOTING VOTER ACCESS ensure that the following services are available ‘‘(2) NOTICE OF DISPOSITION.—Not later than 7 Sec. 1901. Treatment of institutions of higher to the public at any time on the official public days after the appropriate State or local election education. websites of the appropriate State and local elec- official has approved or rejected an application Sec. 1902. Minimum notification requirements tion officials in the State, in the same manner submitted by an individual under this section, for voters affected by polling and subject to the same terms and conditions as the official shall send the individual a notice of place changes. the services provided by voter registration agen- the disposition of the application. Sec. 1903. Permitting use of sworn written state- cies under section 7(a): ment to meet identification re- ‘‘(3) METHOD OF NOTIFICATION.—The appro- ‘‘(1) Online application for voter registration. priate State or local election official shall send quirements for voting. ‘‘(2) Online assistance to applicants in apply- the notices required under this subsection by Sec. 1904. Accommodations for voters residing ing to register to vote. regular mail and— in Indian lands. ‘‘(3) Online completion and submission by ap- Sec. 1905. Voter information response systems ‘‘(A) in the case of an individual who has pro- plicants of the mail voter registration applica- vided the official with an electronic mail ad- and hotline. tion form prescribed by the Election Assistance Sec. 1906. Ensuring equitable and efficient op- dress, by electronic mail; and Commission pursuant to section 9(a)(2), includ- ‘‘(B) at the option of the individual, by text eration of polling places. ing assistance with providing a signature as re- message. Sec. 1907. Requiring States to provide secured quired under subsection (c)). ‘‘(e) PROVISION OF SERVICES IN NONPARTISAN drop boxes for voted absentee bal- ‘‘(4) Online receipt of completed voter registra- MANNER.—The services made available under lots in elections for Federal office. tion applications. subsection (a) shall be provided in a manner Sec. 1908. Prohibiting States from restricting ‘‘(b) ACCEPTANCE OF COMPLETED APPLICA- that ensures that, consistent with section curbside voting. TIONS.—A State shall accept an online voter reg- 7(a)(5)— Sec. 1909. Election Day as legal public holiday. istration application provided by an individual ‘‘(1) the online application does not seek to in- PART 2—DISASTER AND EMERGENCY under this section, and ensure that the indi- fluence an applicant’s political preference or CONTINGENCY PLANS vidual is registered to vote in the State, if— party registration; and Sec. 1911. Requirements for Federal election ‘‘(1) the individual meets the same voter reg- ‘‘(2) there is no display on the website pro- contingency plans in response to istration requirements applicable to individuals moting any political preference or party alle- natural disasters and emergencies. who register to vote by mail in accordance with giance, except that nothing in this paragraph section 6(a)(1) using the mail voter registration PART 3—IMPROVEMENTS IN OPERATION OF may be construed to prohibit an applicant from application form prescribed by the Election As- ELECTION ASSISTANCE COMMISSION registering to vote as a member of a political sistance Commission pursuant to section 9(a)(2); party. Sec. 1921. Reauthorization of Election Assist- and ‘‘(f) PROTECTION OF SECURITY OF INFORMA- ance Commission. ‘‘(2) the individual meets the requirements of TION.—In meeting the requirements of this sec- Sec. 1922. Requiring States to participate in subsection (c) to provide a signature in elec- tion, the State shall establish appropriate tech- post-general election surveys. tronic form (but only in the case of applications nological security measures to prevent to the Sec. 1923. Reports by National Institute of submitted during or after the second year in greatest extent practicable any unauthorized ac- Standards and Technology on use which this section is in effect in the State). cess to information provided by individuals of funds transferred from Election ‘‘(c) SIGNATURE REQUIREMENTS.— using the services made available under sub- Assistance Commission. ‘‘(1) IN GENERAL.—For purposes of this sec- section (a). Sec. 1924. Recommendations to improve oper- tion, an individual meets the requirements of ‘‘(g) ACCESSIBILITY OF SERVICES.—A state ations of Election Assistance Com- this subsection as follows: shall ensure that the services made available mission. ‘‘(A) In the case of an individual who has a under this section are made available to individ- Sec. 1925. Repeal of exemption of Election As- signature on file with a State agency, including uals with disabilities to the same extent as serv- sistance Commission from certain the State motor vehicle authority, that is re- ices are made available to all other individuals. government contracting require- quired to provide voter registration services ‘‘(h) USE OF ADDITIONAL TELEPHONE-BASED ments. under this Act or any other law, the individual SYSTEM.—A State shall make the services made PART 4—MISCELLANEOUS PROVISIONS consents to the transfer of that electronic signa- available online under subsection (a) available Sec. 1931. Application of laws to Common- ture. through the use of an automated telephone- wealth of Northern Mariana Is- ‘‘(B) If subparagraph (A) does not apply, the based system, subject to the same terms and con- lands. individual submits with the application an elec- ditions applicable under this section to the serv- Sec. 1932. Definition of election for Federal of- tronic copy of the individual’s handwritten sig- ices made available online, in addition to mak- fice. nature through electronic means. ing the services available online in accordance Sec. 1933. No effect on other laws. ‘‘(C) If subparagraph (A) and subparagraph with the requirements of this section. (B) do not apply, the individual executes a com- Subtitle O—Severability ‘‘(i) NONDISCRIMINATION AMONG REGISTERED puterized mark in the signature field on an on- VOTERS USING MAIL AND ONLINE REGISTRA- Sec. 1941. Severability. line voter registration application, in accord- TION.—In carrying out this Act, the Help Amer- SEC. 1000. SHORT TITLE; STATEMENT OF POLICY. ance with reasonable security measures estab- ica Vote Act of 2002, or any other Federal, (a) SHORT TITLE.—This title may be cited as lished by the State, but only if the State accepts State, or local law governing the treatment of the ‘‘Voter Empowerment Act of 2021’’. such mark from the individual. registered voters in the State or the administra- (b) STATEMENT OF POLICY.—It is the policy of ‘‘(2) TREATMENT OF INDIVIDUALS UNABLE TO tion of elections for public office in the State, a the United States that— MEET REQUIREMENT.—If an individual is unable State shall treat a registered voter who reg- (1) the ability of all eligible citizens of the to meet the requirements of paragraph (1), the istered to vote online in accordance with this United States to access and exercise their con- State shall— section in the same manner as the State treats a stitutional right to vote in a free, fair, and time- ‘‘(A) permit the individual to complete all registered voter who registered to vote by mail.’’. ly manner must be vigilantly enhanced, pro- other elements of the online voter registration (b) SPECIAL REQUIREMENTS FOR INDIVIDUALS tected, and maintained; and application; USING ONLINE REGISTRATION.— (2) the integrity, security, and accountability ‘‘(B) permit the individual to provide a signa- (1) TREATMENT AS INDIVIDUALS REGISTERING of the voting process must be vigilantly pro- ture at the time the individual requests a ballot TO VOTE BY MAIL FOR PURPOSES OF FIRST-TIME tected, maintained, and enhanced in order to in an election (whether the individual requests VOTER IDENTIFICATION REQUIREMENTS.—Section

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H893 303(b)(1)(A) of the Help America Vote Act of public website of the election official responsible tion officials shall provide to the applicant, 2002 (52 U.S.C. 21083(b)(1)(A)) is amended by for the maintenance of the list, so long as the through electronic mail sent to that address, the striking ‘‘by mail’’ and inserting ‘‘by mail or on- voter attests to the contents of the update by same voting information (as defined in section line under section 6A of the National Voter Reg- providing a signature in electronic form in the 302(b)(2) of the Help America Vote Act of 2002) istration Act of 1993’’. same manner required under section 6A(c) of the which the officials would provide to the appli- (2) REQUIRING SIGNATURE FOR FIRST-TIME VOT- National Voter Registration Act of 1993. cant through regular mail.’’. ERS IN JURISDICTION.—Section 303(b) of such Act ‘‘(B) PROCESSING OF UPDATED INFORMATION (2) PROHIBITING USE FOR PURPOSES UNRELATED (52 U.S.C. 21083(b)) is amended— BY ELECTION OFFICIALS.—If a registered voter TO OFFICIAL DUTIES OF ELECTION OFFICIALS.— (A) by redesignating paragraph (5) as para- updates registration information under subpara- Section 9 of such Act (52 U.S.C. 20508) is amend- graph (6); and graph (A), the appropriate State or local elec- ed by adding at the end the following new sub- (B) by inserting after paragraph (4) the fol- tion official shall— section: lowing new paragraph: ‘‘(i) revise any information on the computer- ‘‘(c) PROHIBITING USE OF ELECTRONIC MAIL ‘‘(5) SIGNATURE REQUIREMENTS FOR FIRST- ized list to reflect the update made by the voter; ADDRESSES FOR OTHER THAN OFFICIAL PUR- TIME VOTERS USING ONLINE REGISTRATION.— and POSES.—The chief State election official shall ‘‘(A) IN GENERAL.—A State shall, in a uniform ‘‘(ii) if the updated registration information ensure that any electronic mail address provided and nondiscriminatory manner, require an indi- affects the voter’s eligibility to vote in an elec- by an applicant under subsection (b)(5) is used vidual to meet the requirements of subparagraph tion for Federal office, ensure that the informa- only for purposes of carrying out official duties (B) if— tion is processed with respect to the election if of election officials and is not transmitted by ‘‘(i) the individual registered to vote in the the voter updates the information not later than any State or local election official (or any agent State online under section 6A of the National the lesser of 7 days, or the period provided by of such an official, including a contractor) to Voter Registration Act of 1993; and State law, before the date of the election. any person who does not require the address to ‘‘(ii) the individual has not previously voted ‘‘(C) CONFIRMATION AND DISPOSITION.— carry out such official duties and who is not in an election for Federal office in the State. ‘‘(i) CONFIRMATION OF RECEIPT.—Upon the under the direct supervision and control of a ‘‘(B) REQUIREMENTS.—An individual meets the online submission of updated registration infor- State or local election official.’’. requirements of this subparagraph if— mation by an individual under this paragraph, (b) REQUIRING PROVISION OF INFORMATION BY ‘‘(i) in the case of an individual who votes in the appropriate State or local election official ELECTION OFFICIALS.—Section 302(b) of the Help person, the individual provides the appropriate shall send the individual a notice confirming the America Vote Act of 2002 (52 U.S.C. 21082(b)) is State or local election official with a hand- State’s receipt of the updated information and amended by adding at the end the following written signature; or providing instructions on how the individual new paragraph: ‘‘(ii) in the case of an individual who votes by may check the status of the update. ‘‘(3) PROVISION OF OTHER INFORMATION BY mail, the individual submits with the ballot a ‘‘(ii) NOTICE OF DISPOSITION.—Not later than 7 ELECTRONIC MAIL.—If an individual who is a handwritten signature. days after the appropriate State or local election registered voter has provided the State or local ‘‘(C) INAPPLICABILITY.—Subparagraph (A) official has accepted or rejected updated infor- election official with an electronic mail address does not apply in the case of an individual who mation submitted by an individual under this for the purpose of receiving voting information is— paragraph, the official shall send the individual (as described in section 9(b)(5) of the National ‘‘(i) entitled to vote by absentee ballot under a notice of the disposition of the update. Voter Registration Act of 1993), the appropriate the Uniformed and Overseas Citizens Absentee ‘‘(iii) METHOD OF NOTIFICATION.—The appro- State or local election official, through elec- Voting Act (52 U.S.C. 20302 et seq.); priate State or local election official shall send tronic mail transmitted not later than 7 days be- ‘‘(ii) provided the right to vote otherwise than the notices required under this subparagraph by fore the date of the election for Federal office in person under section 3(b)(2)(B)(ii) of the Vot- regular mail and— involved, shall provide the individual with in- ing Accessibility for the Elderly and Handi- ‘‘(I) in the case of an individual who has re- formation on how to obtain the following infor- capped Act (52 U.S.C. 20102(b)(2)(B)(ii)); or quested that the State provide voter registration mation by electronic means: ‘‘(iii) entitled to vote otherwise than in person and voting information through electronic mail, ‘‘(A) The name and address of the polling under any other Federal law.’’. by electronic mail; and place at which the individual is assigned to vote (3) CONFORMING AMENDMENT RELATING TO EF- ‘‘(II) at the option of the individual, by text in the election. FECTIVE DATE.—Section 303(d)(2)(A) of such Act message.’’. ‘‘(B) The hours of operation for the polling (52 U.S.C. 21083(d)(2)(A)) is amended by striking (2) CONFORMING AMENDMENT RELATING TO EF- place. ‘‘Each State’’ and inserting ‘‘Except as provided FECTIVE DATE.—Section 303(d)(1)(A) of such Act ‘‘(C) A description of any identification or in subsection (b)(5), each State’’. (52 U.S.C. 21083(d)(1)(A)) is amended by striking other information the individual may be re- (c) CONFORMING AMENDMENTS.— ‘‘subparagraph (B)’’ and inserting ‘‘subpara- quired to present at the polling place.’’. (1) TIMING OF REGISTRATION.—Section 8(a)(1) graph (B) and subsection (a)(6)’’. SEC. 1004. CLARIFICATION OF REQUIREMENT RE- GARDING NECESSARY INFORMATION of the National Voter Registration Act of 1993 (b) ABILITY OF REGISTRANT TO USE ONLINE TO SHOW ELIGIBILITY TO VOTE. (52 U.S.C. 20507(a)(1)) is amended— UPDATE TO PROVIDE INFORMATION ON RESI- Section 8 of the National Voter Registration (A) by striking ‘‘and’’ at the end of subpara- DENCE.—Section 8(d)(2)(A) of the National Voter graph (C); Act of 1993 (52 U.S.C. 20507) is amended— Registration Act of 1993 (52 U.S.C. (1) by redesignating subsection (j) as sub- (B) by redesignating subparagraph (D) as sub- 20507(d)(2)(A)) is amended— paragraph (E); and section (k); and (1) in the first sentence, by inserting after ‘‘re- (2) by inserting after subsection (i) the fol- (C) by inserting after subparagraph (C) the turn the card’’ the following: ‘‘or update the following new subparagraph: lowing new subsection: registrant’s information on the computerized ‘‘(j) REQUIREMENT FOR STATE TO REGISTER ‘‘(D) in the case of online registration through statewide voter registration list using the online APPLICANTS PROVIDING NECESSARY INFORMA- the official public website of an election official method provided under section 303(a)(6) of the TION TO SHOW ELIGIBILITY TO VOTE.—For pur- under section 6A, if the valid voter registration Help America Vote Act of 2002’’; and poses meeting the requirement of subsection application is submitted online not later than (2) in the second sentence, by striking ‘‘re- (a)(1) that an eligible applicant is registered to the lesser of 28 days, or the period provided by turned,’’ and inserting the following: ‘‘returned vote in an election for Federal office within the State law, before the date of the election (as de- or if the registrant does not update the reg- deadlines required under such subsection, the termined by treating the date on which the ap- istrant’s information on the computerized State- State shall consider an applicant to have pro- plication is sent electronically as the date on wide voter registration list using such online vided a ‘valid voter registration form’ if— which it is submitted); and’’. method,’’. ‘‘(1) the applicant has substantially completed (2) INFORMING APPLICANTS OF ELIGIBILITY RE- SEC. 1003. PROVISION OF ELECTION INFORMA- the application form and attested to the state- QUIREMENTS AND PENALTIES.—Section 8(a)(5) of TION BY ELECTRONIC MAIL TO INDI- ment required by section 9(b)(2); and such Act (52 U.S.C. 20507(a)(5)) is amended by VIDUALS REGISTERED TO VOTE. ‘‘(2) in the case of an applicant who registers striking ‘‘and 7’’ and inserting ‘‘6A, and 7’’. (a) INCLUDING OPTION ON VOTER REGISTRA- to vote online in accordance with section 6A, the SEC. 1002. USE OF INTERNET TO UPDATE REG- TION APPLICATION TO PROVIDE E-MAIL ADDRESS applicant provides a signature in accordance ISTRATION INFORMATION. AND RECEIVE INFORMATION.— with subsection (c) of such section.’’. (a) IN GENERAL.— (1) IN GENERAL.—Section 9(b) of the National SEC. 1005. PROHIBITING STATE FROM REQUIRING (1) UPDATES TO INFORMATION CONTAINED ON Voter Registration Act of 1993 (52 U.S.C. APPLICANTS TO PROVIDE MORE COMPUTERIZED STATEWIDE VOTER REGISTRATION 20508(b)) is amended— THAN LAST 4 DIGITS OF SOCIAL SE- LIST.—Section 303(a) of the Help America Vote (A) by striking ‘‘and’’ at the end of paragraph CURITY NUMBER. Act of 2002 (52 U.S.C. 21083(a)) is amended by (3); (a) FORM INCLUDED WITH APPLICATION FOR adding at the end the following new paragraph: (B) by striking the period at the end of para- MOTOR VEHICLE DRIVER’S LICENSE.—Section ‘‘(6) USE OF INTERNET BY REGISTERED VOTERS graph (4) and inserting ‘‘; and’’; and 5(c)(2)(B)(ii) of the National Voter Registration TO UPDATE INFORMATION.— (C) by adding at the end the following new Act of 1993 (52 U.S.C. 20504(c)(2)(B)(ii)) is ‘‘(A) IN GENERAL.—The appropriate State or paragraph: amended by striking the semicolon at the end local election official shall ensure that any reg- ‘‘(5) shall include a space for the applicant to and inserting the following: ‘‘, and to the extent istered voter on the computerized list may at provide (at the applicant’s option) an electronic that the application requires the applicant to any time update the voter’s registration infor- mail address, together with a statement that, if provide a Social Security number, may not re- mation, including the voter’s address and elec- the applicant so requests, instead of using reg- quire the applicant to provide more than the tronic mail address, online through the official ular mail the appropriate State and local elec- last 4 digits of such number;’’.

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(b) NATIONAL MAIL VOTER REGISTRATION dividual is eligible to be registered to vote in assist the State’s chief election official in reg- FORM.—Section 9(b)(1) of such Act (52 U.S.C. such elections; and istering to vote all eligible individuals served by 20508(b)(1)) is amended by striking the semicolon (2) not later than 120 days after a contrib- that agency. at the end and inserting the following: ‘‘, and to uting agency has transmitted such information (b) REQUIREMENTS FOR CONTRIBUTING AGEN- the extent that the form requires the applicant with respect to the individual, send written no- CIES.— to provide a Social Security number, the form tice to the individual, in addition to other (1) INSTRUCTIONS ON AUTOMATIC REGISTRA- may not require the applicant to provide more means of notice established by this part, of the TION.—With each application for service or as- than the last 4 digits of such number;’’. individual’s voter registration status. sistance, and with each related recertification, (c) ONE-TIME REGISTRATION OF VOTERS BASED SEC. 1006. EFFECTIVE DATE. renewal, or change of address, or, in the case of ON EXISTING CONTRIBUTING AGENCY RECORDS.— (a) IN GENERAL.—Except as provided in sub- an institution of higher education, with each The chief State election official shall— section (b), the amendments made by this part registration of a student for enrollment in a (1) identify all individuals whose information course of study, each contributing agency that (other than the amendments made by section is transmitted by a contributing agency pursu- 1004) shall take effect January 1, 2022. (in the normal course of its operations) requests ant to section 1014 and who are eligible to be, individuals to affirm United States citizenship (b) WAIVER.—Subject to the approval of the but are not currently, registered to vote in that Election Assistance Commission, if a State cer- (either directly or as part of the overall applica- State; tion for service or assistance) shall inform each tifies to the Election Assistance Commission that (2) promptly send each such individual writ- such individual who is a citizen of the United the State will not meet the deadline referred to ten notice, in addition to other means of notice in subsection (a) because of extraordinary cir- States of the following: established by this part, which shall not iden- (A) Unless that individual declines to register cumstances and includes in the certification the tify the contributing agency that transmitted to vote, or is found ineligible to vote, the indi- reasons for the failure to meet the deadline, sub- the information but shall include— vidual will be registered to vote or, if applicable, section (a) shall apply to the State as if the ref- (A) an explanation that voter registration is erence in such subsection to ‘‘January 1, 2022’’ voluntary, but if the individual does not decline the individual’s registration will be updated. (B) The substantive qualifications of an elec- were a reference to ‘‘January 1, 2024’’. registration, the individual will be registered to tor in the State as listed in the mail voter reg- vote; PART 2—AUTOMATIC VOTER istration application form for elections for Fed- REGISTRATION (B) a statement offering the opportunity to decline voter registration through means con- eral office prescribed pursuant to section 9 of SEC. 1011. SHORT TITLE; FINDINGS AND PUR- the National Voter Registration Act of 1993, the POSE. sistent with the requirements of this part; (C) in the case of a State in which affiliation consequences of false registration, and the indi- (a) SHORT TITLE.—This part may be cited as or enrollment with a political party is required vidual should decline to register if the indi- the ‘‘Automatic Voter Registration Act of 2021’’. in order to participate in an election to select vidual does not meet all those qualifications. (b) FINDINGS AND PURPOSE.— the party’s candidate in an election for Federal (C) In the case of a State in which affiliation (1) FINDINGS.—Congress finds that— office, a statement offering the individual the or enrollment with a political party is required (A) the right to vote is a fundamental right of opportunity to affiliate or enroll with a political in order to participate in an election to select citizens of the United States; the party’s candidate in an election for Federal (B) it is the responsibility of the State and party or to decline to affiliate or enroll with a political party, through means consistent with office, the requirement that the individual must Federal Governments to ensure that every eligi- affiliate or enroll with a political party in order ble citizen is registered to vote; the requirements of this part; (D) the substantive qualifications of an elector to participate in such an election. (C) existing voter registration systems can be in the State as listed in the mail voter registra- (D) Voter registration is voluntary, and nei- inaccurate, costly, inaccessible and confusing, tion application form for elections for Federal ther registering nor declining to register to vote with damaging effects on voter participation in office prescribed pursuant to section 9 of the Na- will in any way affect the availability of serv- elections for Federal office and disproportionate tional Voter Registration Act of 1993, the con- ices or benefits, nor be used for other purposes. impacts on young people, persons with disabil- sequences of false registration, and a statement (2) OPPORTUNITY TO DECLINE REGISTRATION ities, and racial and ethnic minorities; and that the individual should decline to register if REQUIRED.—Except as otherwise provided in this (D) voter registration systems must be updated the individual does not meet all those qualifica- section, each contributing agency shall ensure with 21st Century technologies and procedures tions; that each application for service or assistance, to maintain their security. (E) instructions for correcting any erroneous and each related recertification, renewal, or (2) PURPOSE.—It is the purpose of this part— information; and change of address, cannot be completed until (A) to establish that it is the responsibility of (F) instructions for providing any additional the individual is given the opportunity to de- government at every level to ensure that all eli- information which is listed in the mail voter reg- cline to be registered to vote. gible citizens are registered to vote in elections istration application form for elections for Fed- (3) INFORMATION TRANSMITTAL.—Upon the ex- for Federal office; eral office prescribed pursuant to section 9 of piration of the 30-day period which begins on (B) to enable the State and Federal Govern- the National Voter Registration Act of 1993; the date a contributing agency as described in ments to register all eligible citizens to vote with (3) ensure that each such individual who is el- paragraph (1) informs an individual of the in- accurate, cost-efficient, and up-to-date proce- igible to register to vote in elections for Federal formation described in such paragraph, unless dures; office in the State is promptly registered to vote the individual has declined to be registered to (C) to modernize voter registration and list not later than 45 days after the official sends vote or informs the agency that they are already maintenance procedures with electronic and the individual the written notice under para- registered to vote, each contributing agency internet capabilities; and graph (2), unless, during the 30-day period shall electronically transmit to the appropriate (D) to protect and enhance the integrity, ac- which begins on the date the election official State election official, in a format compatible curacy, efficiency, and accessibility of the elec- sends the individual such written notice, the in- with the statewide voter database maintained toral process for all eligible citizens. dividual declines registration in writing, under section 303 of the Help America Vote Act SEC. 1012. AUTOMATIC REGISTRATION OF ELIGI- through a communication made over the inter- of 2002 (52 U.S.C. 21083), the following informa- BLE INDIVIDUALS. net, or by an officially logged telephone commu- tion: (a) REQUIRING STATES TO ESTABLISH AND OP- nication; and (A) The individual’s given name(s) and sur- ERATE AUTOMATIC REGISTRATION SYSTEM.— (4) send written notice to each such indi- name(s). (1) IN GENERAL.—The chief State election offi- vidual, in addition to other means of notice es- (B) The individual’s date of birth. cial of each State shall establish and operate a tablished by this part, of the individual’s voter (C) The individual’s residential address. system of automatic registration for the registra- registration status. (D) Information showing that the individual tion of eligible individuals to vote for elections (d) TREATMENT OF INDIVIDUALS UNDER 18 is a citizen of the United States. for Federal office in the State, in accordance YEARS OF AGE.—A State may not refuse to treat (E) The date on which information pertaining with the provisions of this part. an individual as an eligible individual for pur- to that individual was collected or last updated. (2) DEFINITION.—The term ‘‘automatic reg- poses of this part on the grounds that the indi- (F) If available, the individual’s signature in istration’’ means a system that registers an indi- vidual is less than 18 years of age at the time a electronic form. vidual to vote in elections for Federal office in contributing agency receives information with (G) Except in the case in which the contrib- a State, if eligible, by electronically transferring respect to the individual, so long as the indi- uting agency is a covered institution of higher the information necessary for registration from vidual is at least 16 years of age at such time. education, in the case of a State in which affili- government agencies to election officials of the Nothing in the previous sentence may be con- ation or enrollment with a political party is re- State so that, unless the individual affirmatively strued to require a State to permit an individual quired in order to participate in an election to declines to be registered, the individual will be who is under 18 years of age at the time of an select the party’s candidate in an election for registered to vote in such elections. election for Federal office to vote in the election. Federal office, information regarding the indi- (b) REGISTRATION OF VOTERS BASED ON NEW (e) CONTRIBUTING AGENCY DEFINED.—In this vidual’s affiliation or enrollment with a political AGENCY RECORDS.—The chief State election offi- part, the term ‘‘contributing agency’’ means, party, but only if the individual provides such cial shall— with respect to a State, an agency listed in sec- information. (1) not later than 15 days after a contributing tion 1013(e). (H) Any additional information listed in the agency has transmitted information with respect SEC. 1013. CONTRIBUTING AGENCY ASSISTANCE mail voter registration application form for elec- to an individual pursuant to section 1013, en- IN REGISTRATION. tions for Federal office prescribed pursuant to sure that the individual is registered to vote in (a) IN GENERAL.—In accordance with this section 9 of the National Voter Registration Act elections for Federal office in the State if the in- part, each contributing agency in a State shall of 1993, including any valid driver’s license

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H895 number or the last 4 digits of the individual’s so- (C) In the case of an individual who is a resi- lated to in-State tuition, financial aid eligibility, cial security number, if the individual provided dent of a State in which an individual or other similar purposes, resides in the State; such information. disenfranchised by a criminal conviction under and (c) ALTERNATE PROCEDURE FOR CERTAIN CON- Federal law may become eligible to vote upon (ii) includes a student described in clause (i) TRIBUTING AGENCIES.—With each application for completion of a criminal sentence or any part who is enrolled in a program of distance edu- service or assistance, and with each related re- thereof, or upon formal restoration of rights, the cation, as defined in section 103 of the Higher certification, renewal, or change of address, any Federal agency responsible for administering Education Act of 1965 (20 U.S.C. 1003). contributing agency that in the normal course that sentence or part thereof (without regard to SEC. 1014. ONE-TIME CONTRIBUTING AGENCY AS- of its operations does not request individuals ap- whether the agency is located in the same State SISTANCE IN REGISTRATION OF ELI- plying for service or assistance to affirm United in which the individual is a resident), but only GIBLE VOTERS IN EXISTING States citizenship (either directly or as part of with respect to individuals who have completed RECORDS. the overall application for service or assistance) the criminal sentence or any part thereof. (a) INITIAL TRANSMITTAL OF INFORMATION.— shall— (D) Any other agency of the Federal Govern- For each individual already listed in a contrib- (1) complete the requirements of section 7(a)(6) ment which the State designates as a contrib- uting agency’s records as of the date of enact- of the National Voter Registration Act of 1993 uting agency, but only if the State and the head ment of this Act, and for whom the agency has (52 U.S.C. 20506(a)(6)); of the agency determine that the agency collects the information listed in section 1013(b)(3), the (2) ensure that each applicant’s transaction information sufficient to carry out the respon- agency shall promptly transmit that information with the agency cannot be completed until the sibilities of a contributing agency under this to the appropriate State election official in ac- applicant has indicated whether the applicant section. cordance with section 1013(b)(3) not later than wishes to register to vote or declines to register (3) PUBLICATION.—Not later than 180 days the effective date described in section 1021(a). to vote in elections for Federal office held in the prior to the date of each election for Federal of- (b) TRANSITION.—For each individual listed in State; and fice held in the State, the chief State election of- a contributing agency’s records as of the effec- (3) for each individual who wishes to register ficial shall publish on the public website of the tive date described in section 1021(a) (but who to vote, transmit that individual’s information official an updated list of all contributing agen- was not listed in a contributing agency’s records in accordance with subsection (b)(3). cies in that State. as of the date of enactment of this Act), and for (d) REQUIRED AVAILABILITY OF AUTOMATIC (4) PUBLIC EDUCATION.—The chief State elec- whom the agency has the information listed in REGISTRATION OPPORTUNITY WITH EACH APPLI- tion official of each State, in collaboration with section 1013(b)(3), the Agency shall promptly CATION FOR SERVICE OR ASSISTANCE.—Each con- each contributing agency, shall take appro- transmit that information to the appropriate tributing agency shall offer each individual, priate measures to educate the public about State election official in accordance with section with each application for service or assistance, voter registration under this section. 1013(b)(3) not later than 6 months after the ef- and with each related recertification, renewal, (f) INSTITUTIONS OF HIGHER EDUCATION.— fective date described in section 1021(a). or change of address, or in the case of an insti- (1) IN GENERAL.—Each covered institution of SEC. 1015. VOTER PROTECTION AND SECURITY IN tution of higher education, with each registra- higher education shall be treated as a contrib- AUTOMATIC REGISTRATION. tion of a student for enrollment in a course of uting agency in the State in which the institu- (a) PROTECTIONS FOR ERRORS IN REGISTRA- study, the opportunity to register to vote as pre- tion is located with respect to in-State students. TION.—An individual shall not be prosecuted scribed by this section without regard to wheth- (2) PROCEDURES.— under any Federal or State law, adversely af- er the individual previously declined a registra- (A) IN GENERAL.—Notwithstanding section 444 fected in any civil adjudication concerning im- tion opportunity. of the General Education Provisions Act (20 migration status or naturalization, or subject to (e) CONTRIBUTING AGENCIES.— U.S.C. 1232g; commonly referred to as the ’Fam- an allegation in any legal proceeding that the (1) STATE AGENCIES.—In each State, each of ily Educational Rights and Privacy Act of individual is not a citizen of the United States the following agencies shall be treated as a con- 1974’’) or any other provision of law, each cov- on any of the following grounds: tributing agency: (A) Each agency in a State that is required by ered institution of higher education shall com- (1) The individual notified an election office Federal law to provide voter registration serv- ply with the requirements of subsection (b) with of the individual’s automatic registration to vote ices, including the State motor vehicle authority respect to each in-State student. under this part. and other voter registration agencies under the (B) RULES FOR COMPLIANCE.—In complying (2) The individual is not eligible to vote in National Voter Registration Act of 1993. with the requirements described in subpara- elections for Federal office but was automati- (B) Each agency in a State that administers a graph (A), the institution— cally registered to vote under this part. program pursuant to title III of the Social Secu- (i) may use information provided in the Free (3) The individual was automatically reg- rity Act (42 U.S.C. 501 et seq.), title XIX of the Application for Federal Student Aid described in istered to vote under this part at an incorrect Social Security Act (42 U.S.C. 1396 et seq.), or section 483 of the Higher Education Act of 1965 address. the Patient Protection and Affordable Care Act (20 U.S.C. 1090) to collect information described (4) The individual declined the opportunity to (Public Law 111–148). in paragraph (3) of such subsection for purposes register to vote or did not make an affirmation (C) Each State agency primarily responsible of transmitting such information to the appro- of citizenship, including through automatic reg- for regulating the private possession of firearms. priate State election official pursuant to such istration, under this part. (D) Each State agency primarily responsible paragraph; and (b) LIMITS ON USE OF AUTOMATIC REGISTRA- for maintaining identifying information for stu- (ii) shall not be required to prevent or delay TION.—The automatic registration of any indi- dents enrolled at public secondary schools, in- students from enrolling in a course of study or vidual or the fact that an individual declined cluding, where applicable, the State agency re- otherwise impede the completion of the enroll- the opportunity to register to vote or did not sponsible for maintaining the education data ment process; and (iii) shall not withhold, delay, make an affirmation of citizenship (including system described in section 6201(e)(2) of the or impede the provision of Federal financial aid through automatic registration) under this part America COMPETES Act (20 U.S.C. 9871(e)(2)). provided under title IV of the Higher Education may not be used as evidence against that indi- (E) In the case of a State in which an indi- Act of 1965. vidual in any State or Federal law enforcement vidual disenfranchised by a criminal conviction (C) CLARIFICATION.—Nothing in this part may proceeding, and an individual’s lack of knowl- may become eligible to vote upon completion of be construed to require an institution of higher edge or willfulness of such registration may be a criminal sentence or any part thereof, or upon education to request each student to affirm demonstrated by the individual’s testimony formal restoration of rights, the State agency re- whether or not the student is a United States alone. sponsible for administering that sentence, or citizen or otherwise collect information with re- (c) PROTECTION OF ELECTION INTEGRITY.— part thereof, or that restoration of rights. spect to citizenship. Nothing in subsections (a) or (b) may be con- (F) Any other agency of the State which is (3) DEFINITIONS.— strued to prohibit or restrict any action under designated by the State as a contributing agen- (A) COVERED INSTITUTION OF HIGHER EDU- color of law against an individual who— cy. CATION.—In this section, the term ‘‘covered in- (1) knowingly and willfully makes a false (2) FEDERAL AGENCIES.—In each State, each of stitution of higher education’’ means an institu- statement to effectuate or perpetuate automatic the following agencies of the Federal Govern- tion of higher education that— voter registration by any individual; or ment shall be treated as a contributing agency (i) has a program participation agreement in (2) casts a ballot knowingly and willfully in with respect to individuals who are residents of effect with the Secretary of Education under violation of State law or the laws of the United that State (except as provided in subparagraph section 487 of the Higher Education Act of 1965 States. (C)): (20 U.S.C. 1094); (d) CONTRIBUTING AGENCIES’ PROTECTION OF (A) The Social Security Administration, the (ii) in its normal course of operations, requests INFORMATION.—Nothing in this part authorizes Department of Veterans Affairs, the Defense each in-State student enrolling in the institu- a contributing agency to collect, retain, trans- Manpower Data Center of the Department of tion to affirm whether or not the student is a mit, or publicly disclose any of the following: Defense, the Employee and Training Adminis- United States citizen; and (1) An individual’s decision to decline to reg- tration of the Department of Labor, and the (iii) is located in a State to which section ister to vote or not to register to vote. Center for Medicare & Medicaid Services of the 4(b)(1) of the National Voter Registration Act of (2) An individual’s decision not to affirm his Department of Health and Human Services. 1993 (52 U.S.C. 20503(b)(1)) does not apply. or her citizenship. (B) The Bureau of Citizenship and Immigra- (B) IN-STATE STUDENT.—In this section, the (3) Any information that a contributing agen- tion Services, but only with respect to individ- term ‘‘in-State student’’— cy transmits pursuant to section 1013(b)(3), ex- uals who have completed the naturalization (i) means a student enrolled in a covered insti- cept in pursuing the agency’s ordinary course of process. tution of higher education who, for purposes re- business.

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(e) ELECTION OFFICIALS’ PROTECTION OF IN- privacy, security, and accuracy of the informa- name and political party affiliation, in the FORMATION.— tion on the list; and records of the election official; and (1) PUBLIC DISCLOSURE PROHIBITED.— (B) security safeguards to protect personal in- (3) cast a ballot in the election on the basis of (A) IN GENERAL.—Subject to subparagraph formation transmitted through the information the updated address or corrected information, (B), with respect to any individual for whom transmittal processes of section 1013 or section and to have the ballot treated as a regular bal- any State election official receives information 1014, the online system used pursuant to section lot and not as a provisional ballot under section from a contributing agency, the State election 1017, any telephone interface, the maintenance 302(a) of such Act. officials shall not publicly disclose any of the of the voter registration database, and any (b) UPDATES TO COMPUTERIZED STATEWIDE following: audit procedure to track access to the system. VOTER REGISTRATION LISTS.—If an election offi- (i) The identity of the contributing agency. (5) STATE COMPLIANCE WITH NATIONAL STAND- cial at the polling place receives an updated ad- (ii) Any information not necessary to voter ARDS.— dress or corrected information from an indi- registration. (A) CERTIFICATION.—The chief executive offi- vidual under subsection (a), the official shall (iii) Any voter information otherwise shielded cer of the State shall annually file with the ensure that the address or information is from disclosure under State law or section 8(a) Election Assistance Commission a statement cer- promptly entered into the computerized state- of the National Voter Registration Act of 1993 tifying to the Director of the National Institute wide voter registration list in accordance with (52 U.S.C. 20507(a)). of Standards and Technology that the State is section 303(a)(1)(A)(vi) of the Help America Vote (iv) Any portion of the individual’s social se- in compliance with the standards referred to in Act of 2002 (52 U.S.C. 21083(a)(1)(A)(vi)). curity number. paragraphs (3) and (4). A State may meet the re- SEC. 1017. PAYMENTS AND GRANTS. (v) Any portion of the individual’s motor vehi- quirement of the previous sentence by filing (a) IN GENERAL.—The Election Assistance cle driver’s license number. with the Commission a statement which reads as Commission shall make grants to each eligible (vi) The individual’s signature. follows: ‘‘lllll hereby certifies that it is in State to assist the State in implementing the re- (vii) The individual’s telephone number. compliance with the standards referred to in quirements of this part (or, in the case of an ex- (viii) The individual’s email address. paragraphs (3) and (4) of section 1015(e) of the empt State, in implementing its existing auto- (B) SPECIAL RULE FOR INDIVIDUALS REG- Automatic Voter Registration Act of 2021.’’ matic voter registration program). ISTERED TO VOTE.—With respect to any indi- (with the blank to be filled in with the name of (b) ELIGIBILITY; APPLICATION.—A State is eli- vidual for whom any State election official re- the State involved). gible to receive a grant under this section if the ceives information from a contributing agency (B) PUBLICATION OF POLICIES AND PROCE- State submits to the Commission, at such time and who, on the basis of such information, is DURES.—The chief State election official of a and in such form as the Commission may re- registered to vote in the State under this part, State shall publish on the official’s website the quire, an application containing— the State election officials shall not publicly dis- policies and procedures established under this (1) a description of the activities the State will close any of the following: section, and shall make those policies and proce- carry out with the grant; (i) The identity of the contributing agency. dures available in written form upon public re- (2) an assurance that the State shall carry out (ii) Any information not necessary to voter quest. such activities without partisan bias and with- registration. (C) FUNDING DEPENDENT ON CERTIFICATION.— out promoting any particular point of view re- (iii) Any voter information otherwise shielded If a State does not timely file the certification garding any issue; and from disclosure under State law or section 8(a) required under this paragraph, it shall not re- (3) such other information and assurances as of the National Voter Registration Act of 1993 ceive any payment under this part for the up- the Commission may require. (52 U.S.C. 20507(a)). coming fiscal year. (c) AMOUNT OF GRANT; PRIORITIES.—The (iv) Any portion of the individual’s social se- (D) COMPLIANCE OF STATES THAT REQUIRE Commission shall determine the amount of a curity number. CHANGES TO STATE LAW.—In the case of a State grant made to an eligible State under this sec- (v) Any portion of the individual’s motor vehi- that requires State legislation to carry out an tion. In determining the amounts of the grants, cle driver’s license number. activity covered by any certification submitted the Commission shall give priority to providing (vi) The individual’s signature. under this paragraph, for a period of not more funds for those activities which are most likely (2) VOTER RECORD CHANGES.—Each State shall than 2 years the State shall be permitted to to accelerate compliance with the requirements maintain for at least 2 years and shall make make the certification notwithstanding that the of this part (or, in the case of an exempt State, available for public inspection (and, where legislation has not been enacted at the time the which are most likely to enhance the ability of available, photocopying at a reasonable cost), certification is submitted, and such State shall the State to automatically register individuals to including in electronic form and through elec- submit an additional certification once such leg- vote through its existing automatic voter reg- tronic methods, all records of changes to voter islation is enacted. istration program), including— records, including removals, the reasons for re- (f) RESTRICTIONS ON USE OF INFORMATION.— (1) investments supporting electronic informa- movals, and updates. No person acting under color of law may dis- tion transfer, including electronic collection and (3) DATABASE MANAGEMENT STANDARDS.—The criminate against any individual based on, or transfer of signatures, between contributing Director of the National Institute of Standards use for any purpose other than voter registra- agencies and the appropriate State election offi- and Technology shall, after providing the public tion, election administration, or enforcement re- cials; with notice and the opportunity to comment— lating to election crimes, any of the following: (2) updates to online or electronic voter reg- (A) establish standards governing the com- (1) Voter registration records. istration systems already operating as of the parison of data for voter registration list main- (2) An individual’s declination to register to date of the enactment of this Act; tenance purposes, identifying as part of such vote or complete an affirmation of citizenship (3) introduction of online voter registration standards the specific data elements, the match- under section 1013(b). systems in jurisdictions in which those systems ing rules used, and how a State may use the (3) An individual’s voter registration status. did not previously exist; and data to determine and deem that an individual (g) PROHIBITION ON THE USE OF VOTER REG- (4) public education on the availability of new is ineligible under State law to vote in an elec- ISTRATION INFORMATION FOR COMMERCIAL PUR- methods of registering to vote, updating reg- tion, or to deem a record to be a duplicate or POSES.—Information collected under this part istration, and correcting registration. (d) AUTHORIZATION OF APPROPRIATIONS.— outdated; shall not be used for commercial purposes. Noth- (1) AUTHORIZATION.—There are authorized to (B) ensure that the standards developed pur- ing in this subsection may be construed to pro- be appropriated to carry out this section— suant to this paragraph are uniform and non- hibit the transmission, exchange, or dissemina- (A) $500,000,000 for fiscal year 2021; and discriminatory and are applied in a uniform and tion of information for political purposes, in- (B) such sums as may be necessary for each nondiscriminatory manner; and cluding the support of campaigns for election succeeding fiscal year. (C) not later than 45 days after the deadline for Federal, State, or local public office or the (2) CONTINUING AVAILABILITY OF FUNDS.—Any for public notice and comment, publish the activities of political committees (including com- amounts appropriated pursuant to the authority standards developed pursuant to this paragraph mittees of political parties) under the Federal of this subsection shall remain available without on the Director’s website and make those stand- Election Campaign Act of 1971. fiscal year limitation until expended. ards available in written form upon request. SEC. 1016. REGISTRATION PORTABILITY AND SEC. 1018. TREATMENT OF EXEMPT STATES. (4) SECURITY POLICY.—The Director of the Na- CORRECTION. (a) WAIVER OF REQUIREMENTS.—Except as tional Institute of Standards and Technology (a) CORRECTING REGISTRATION INFORMATION provided in subsection (b), this part does not shall, after providing the public with notice and AT POLLING PLACE.—Notwithstanding section apply with respect to an exempt State. the opportunity to comment, publish privacy 302(a) of the Help America Vote Act of 2002 (52 (b) EXCEPTIONS.—The following provisions of and security standards for voter registration in- U.S.C. 21082(a)), if an individual is registered to this part apply with respect to an exempt State: formation not later than 45 days after the dead- vote in elections for Federal office held in a (1) section 1016 (relating to registration port- line for public notice and comment. The stand- State, the appropriate election official at the ability and correction). ards shall require the chief State election offi- polling place for any such election (including a (2) section 1017 (relating to payments and cial of each State to adopt a policy that shall location used as a polling place on a date other grants). specify— than the date of the election) shall permit the (3) Section 1019(e) (relating to enforcement). (A) each class of users who shall have author- individual to— (4) Section 1019(f) (relating to relation to other ized access to the computerized statewide voter (1) update the individual’s address for pur- laws). registration list, specifying for each class the poses of the records of the election official; SEC. 1019. MISCELLANEOUS PROVISIONS. permission and levels of access to be granted, (2) correct any incorrect information relating (a) ACCESSIBILITY OF REGISTRATION SERV- and setting forth other safeguards to protect the to the individual, including the individual’s ICES.—Each contributing agency shall ensure

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SAME DAY REGISTRATION. ‘‘(i) the term ‘interstate cross-check’ means from contracting with a third party to assist the (a) IN GENERAL.—Title III of the Help America the transmission of information from an election agency in meeting the information transmittal Vote Act of 2002 (52 U.S.C. 21081 et seq.) is official in one State to an election official of an- requirements of this part, so long as the data amended— other State; and transmittal complies with the applicable require- (1) by redesignating sections 304 and 305 as ‘‘(ii) the term ‘ERIC system’ means the system ments of this part, including the privacy and se- sections 305 and 306; and operated by the Electronic Registration Infor- curity provisions of section 1015. (2) by inserting after section 303 the following mation Center to share voter registration infor- new section: (c) NONPARTISAN, NONDISCRIMINATORY PROVI- mation and voter identification information SION OF SERVICES.—The services made available ‘‘SEC. 304. SAME DAY REGISTRATION. among participating States.’’. by contributing agencies under this part and by ‘‘(a) IN GENERAL.— (b) REQUIRING COMPLETION OF CROSS-CHECKS the State under sections 1015 and 1016 shall be ‘‘(1) REGISTRATION.—Each State shall permit NOT LATER THAN 6 MONTHS PRIOR TO ELEC- made in a manner consistent with paragraphs any eligible individual on the day of a Federal TION.—Subparagraph (A) of section 8(c)(2) of (4), (5), and (6)(C) of section 7(a) of the National election and on any day when voting, including such Act (52 U.S.C. 20507(c)(2)) is amended by Voter Registration Act of 1993 (52 U.S.C. early voting, is permitted for a Federal elec- striking ‘‘not later than 90 days’’ and inserting 20506(a)). tion— the following: ‘‘not later than 90 days (or, in the (d) NOTICES.—Each State may send notices ‘‘(A) to register to vote in such election at the case of a program in which the State uses inter- under this part via electronic mail if the indi- polling place using a form that meets the re- state cross-checks, not later than 6 months)’’. vidual has provided an electronic mail address quirements under section 9(b) of the National (c) CONFORMING AMENDMENT.—Subparagraph and consented to electronic mail communica- Voter Registration Act of 1993 (or, if the indi- (D) of section 8(c)(2) of such Act (52 U.S.C. tions for election-related materials. All notices vidual is already registered to vote, to revise any 20507(c)(2)), as redesignated by subsection sent pursuant to this part that require a re- of the individual’s voter registration informa- (a)(1), is amended by striking ‘‘Subparagraph sponse must offer the individual notified the op- tion); and (A)’’ and inserting ‘‘This paragraph’’. portunity to respond at no cost to the indi- ‘‘(B) to cast a vote in such election. (d) EFFECTIVE DATE.—The amendments made vidual. ‘‘(2) EXCEPTION.—The requirements under by this Act shall apply with respect to elections (e) ENFORCEMENT.—Section 11 of the National paragraph (1) shall not apply to a State in held on or after the expiration of the 6-month Voter Registration Act of 1993 (52 U.S.C. 20510), which, under a State law in effect continuously period which begins on the date of the enact- relating to civil enforcement and the availability on and after the date of the enactment of this ment of this Act. of private rights of action, shall apply with re- section, there is no voter registration require- PART 5—OTHER INITIATIVES TO PROMOTE spect to this part in the same manner as such ment for individuals in the State with respect to VOTER REGISTRATION section applies to such Act. elections for Federal office. SEC. 1051. ANNUAL REPORTS ON VOTER REG- ‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of (f) RELATION TO OTHER LAWS.—Except as pro- ISTRATION STATISTICS. vided, nothing in this part may be construed to this section, the term ‘eligible individual’ means, with respect to any election for Federal office, (a) ANNUAL REPORT.—Not later than 90 days authorize or require conduct prohibited under, after the end of each year, each State shall sub- or to supersede, restrict, or limit the application an individual who is otherwise qualified to vote in that election. mit to the Election Assistance Commission and of any of the following: Congress a report containing the following cat- (1) The Voting Rights Act of 1965 (52 U.S.C. ‘‘(c) EFFECTIVE DATE.—Each State shall be re- quired to comply with the requirements of sub- egories of information for the year: 10301 et seq.). (1) The number of individuals who were reg- (2) The Uniformed and Overseas Citizens Ab- section (a) for the regularly scheduled general election for Federal office occurring in Novem- istered under part 2. sentee Voting Act (52 U.S.C. 20301 et seq.). (2) The number of voter registration applica- (3) The National Voter Registration Act of ber 2022 and for any subsequent election for Federal office.’’. tion forms completed by individuals that were 1993 (52 U.S.C. 20501 et seq.). transmitted by motor vehicle authorities in the (4) The Help America Vote Act of 2002 (52 (b) CONFORMING AMENDMENT RELATING TO State (pursuant to section 5(d) of the National U.S.C. 20901 et seq.). ENFORCEMENT.—Section 401 of such Act (52 U.S.C. 21111) is amended by striking ‘‘sections Voter Registration Act of 1993) and voter reg- SEC. 1020. DEFINITIONS. istration agencies in the State (as designated In this part, the following definitions apply: 301, 302, and 303’’ and inserting ‘‘subtitle A of title III’’. under section 7 of such Act) to the chief State (1) The term ‘‘chief State election official’’ election official of the State, broken down by means, with respect to a State, the individual (c) CLERICAL AMENDMENT.—The table of con- tents of such Act is amended— each such authority and agency. designated by the State under section 10 of the (3) The number of such individuals whose (1) by redesignating the items relating to sec- National Voter Registration Act of 1993 (52 voter registration application forms were accept- tions 304 and 305 as relating to sections 305 and U.S.C. 20509) to be responsible for coordination ed and who were registered to vote in the State 306; and of the State’s responsibilities under such Act. and the number of such individuals whose forms (2) by inserting after the item relating to sec- (2) The term ‘‘Commission’’ means the Elec- were rejected and who were not registered to tion 303 the following new item: tion Assistance Commission. vote in the State, broken down by each such au- (3) The term ‘‘exempt State’’ means a State ‘‘Sec. 304. Same day registration.’’. thority and agency. which, under law which is in effect continu- PART 4—CONDITIONS ON REMOVAL ON (4) The number of change of address forms ously on and after the date of the enactment of BASIS OF INTERSTATE CROSS-CHECKS and other forms of information indicating that this Act, operates an automatic voter registra- SEC. 1041. CONDITIONS ON REMOVAL OF REG- an individual’s identifying information has been tion program under which an individual is auto- ISTRANTS FROM OFFICIAL LIST OF changed that were transmitted by such motor matically registered to vote in elections for Fed- ELIGIBLE VOTERS ON BASIS OF vehicle authorities and voter registration agen- eral office in the State if the individual provides INTERSTATE CROSS-CHECKS. cies to the chief State election official of the the motor vehicle authority of the State (or, in (a) MINIMUM INFORMATION REQUIRED FOR RE- State, broken down by each such authority and the case of a State in which an individual is MOVAL UNDER CROSS-CHECK.—Section 8(c)(2) of agency and the type of form transmitted. automatically registered to vote at the time the the National Voter Registration Act of 1993 (52 (5) The number of individuals on the state- individual applies for benefits or services with a U.S.C. 20507(c))(2)) is amended— wide computerized voter registration list (as es- Permanent Dividend Fund of the State, provides (1) by redesignating subparagraph (B) as sub- tablished and maintained under section 303 of the appropriate official of such Fund) with such paragraph (D); and the Help America Vote Act of 2002) whose voter identifying information as the State may re- (2) by inserting after subparagraph (A) the registration information was revised by the chief quire. following new subparagraphs: State election official as a result of the forms (4) The term ‘‘State’’ means each of the sev- ‘‘(B) To the extent that the program carried transmitted to the official by such motor vehicle eral States and the District of Columbia. out by a State under subparagraph (A) to sys- authorities and voter registration agencies (as SEC. 1021. EFFECTIVE DATE. tematically remove the names of ineligible voters described in paragraph (3)), broken down by (a) IN GENERAL.—Except as provided in sub- from the official lists of eligible voters uses in- each such authority and agency and the type of section (b), this part and the amendments made formation obtained in an interstate cross-check, form transmitted. by this part shall apply with respect to a State in addition to any other conditions imposed (6) The number of individuals who requested beginning January 1, 2023. under this Act on the authority of the State to the chief State election official to revise voter (b) WAIVER.—Subject to the approval of the remove the name of the voter from such a list, registration information on such list, and the Commission, if a State certifies to the Commis- the State may not remove the name of the voter number of individuals whose information was sion that the State will not meet the deadline re- from such a list unless— revised as a result of such a request. ferred to in subsection (a) because of extraor- ‘‘(i) the State obtained the voter’s full name (b) BREAKDOWN OF INFORMATION.—In pre- dinary circumstances and includes in the certifi- (including the voter’s middle name, if any) and paring the report under this section, the State cation the reasons for the failure to meet the date of birth, and the last 4 digits of the voter’s shall, for each category of information described

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in subsection (a), include a breakdown by race, (2) REPORT.—Not later than 6 months after Election Assistance Commission shall develop ethnicity, age, and gender of the individuals the end of the 2-year period agreed to under and publish recommendations for best practices whose information is included in the category, paragraph (1), the State shall submit to the for States to use to deter and prevent violations to the extent that information on the race, eth- Commission a report on the activities the State of section 612 of title 18, United States Code (as nicity, age, and gender of such individuals is carried out with the funds provided by the added by section 1071), and section 12 of the Na- available to the State. grant, and shall include in the report an anal- tional Voter Registration Act of 1993 (52 U.S.C. (c) CONFIDENTIALITY OF INFORMATION.—In ysis of the extent to which the State met the per- 20511) (relating to the unlawful interference preparing and submitting a report under this formance measures and targets included in its with registering to vote, or voting, or attempting section, the chief State election official shall en- application under subsection (b)(2). to register to vote or vote), including practices to sure that no information regarding the identi- (d) STATE DEFINED.—In this section, the term provide for the posting of relevant information fication of any individual is revealed. ‘‘State’’ means each of the several States and at polling places and voter registration agencies (d) STATE DEFINED.—In this section, a the District of Columbia. under such Act, the training of poll workers and ‘‘State’’ includes the District of Columbia, the (e) AUTHORIZATION OF APPROPRIATIONS.— election officials, and relevant educational ma- Commonwealth of Puerto Rico, the United There are authorized to be appropriated for terials. For purposes of this subsection, the term States Virgin Islands, Guam, American Samoa, grants under this section $25,000,000, to remain ‘‘State’’ includes the District of Columbia, the and the Commonwealth of the Northern Mar- available until expended. Commonwealth of Puerto Rico, Guam, American iana Islands, but does not include any State in PART 6—AVAILABILITY OF HAVA Samoa, the United States Virgin Islands, and which, under a State law in effect continuously REQUIREMENTS PAYMENTS the Commonwealth of the Northern Mariana Is- on and after the date of the enactment of this SEC. 1061. AVAILABILITY OF REQUIREMENTS PAY- lands. Act, there is no voter registration requirement MENTS UNDER HAVA TO COVER (b) INCLUSION IN VOTER INFORMATION RE- COSTS OF COMPLIANCE WITH NEW for individuals in the State with respect to elec- QUIREMENTS.—Section 302(b)(2) of the Help REQUIREMENTS. tions for Federal office. America Vote Act of 2002 (52 U.S.C. 21082(b)(2)) (a) IN GENERAL.—Section 251(b) of the Help SEC. 1052. ENSURING PRE-ELECTION REGISTRA- is amended— TION DEADLINES ARE CONSISTENT America Vote Act of 2002 (52 U.S.C. 21001(b)) is WITH TIMING OF LEGAL PUBLIC amended— (1) by striking ‘‘and’’ at the end of subpara- HOLIDAYS. (1) in paragraph (1), by striking ‘‘as provided graph (E); (a) IN GENERAL.—Section 8(a)(1) of the Na- in paragraphs (2) and (3)’’ and inserting ‘‘as (2) by striking the period at the end of sub- tional Voter Registration Act of 1993 (52 U.S.C. otherwise provided in this subsection’’; and paragraph (F) and inserting ‘‘; and’’; and 20507(a)(1)) is amended by striking ‘‘30 days’’ (2) by adding at the end the following new (3) by adding at the end the following new each place it appears and inserting ‘‘28 days’’. paragraph: subparagraph: ‘‘(4) CERTAIN VOTER REGISTRATION ACTIVI- (b) EFFECTIVE DATE.—The amendment made ‘‘(G) information relating to the prohibitions by subsection (a) shall apply with respect to TIES.—A State may use a requirements payment to carry out any of the requirements of the of section 612 of title 18, United States Code, elections held in 2022 or any succeeding year. and section 12 of the National Voter Registra- SEC. 1053. USE OF POSTAL SERVICE HARD COPY Voter Registration Modernization Act of 2021, including the requirements of the National tion Act of 1993 (52 U.S.C. 20511) (relating to the CHANGE OF ADDRESS FORM TO RE- unlawful interference with registering to vote, MIND INDIVIDUALS TO UPDATE Voter Registration Act of 1993 which are im- VOTER REGISTRATION. posed pursuant to the amendments made to such or voting, or attempting to register to vote or (a) IN GENERAL.—Not later than 1 year after Act by the Voter Registration Modernization Act vote), including information on how individuals the date of the enactment of this Act, the Post- of 2021.’’. may report allegations of violations of such pro- master General shall modify any hard copy (b) CONFORMING AMENDMENT.—Section hibitions.’’. change of address form used by the United 254(a)(1) of such Act (52 U.S.C. 21004(a)(1)) is PART 8—VOTER REGISTRATION States Postal Service so that such form contains amended by striking ‘‘section 251(a)(2)’’ and in- EFFICIENCY ACT a reminder that any individual using such form serting ‘‘section 251(b)(2)’’. should update the individual’s voter registration (c) EFFECTIVE DATE.—The amendments made SEC. 1081. SHORT TITLE. as a result of any change in address. by this section shall apply with respect to fiscal This part may be cited as the ‘‘Voter Registra- (b) APPLICATION.—The requirement in sub- year 2022 and each succeeding fiscal year. tion Efficiency Act’’. section (a) shall not apply to any electronic PART 7—PROHIBITING INTERFERENCE SEC. 1082. REQUIRING APPLICANTS FOR MOTOR version of a change of address form used by the WITH VOTER REGISTRATION VEHICLE DRIVER’S LICENSES IN United States Postal Service. SEC. 1071. PROHIBITING HINDERING, INTER- NEW STATE TO INDICATE WHETHER SEC. 1054. GRANTS TO STATES FOR ACTIVITIES FERING WITH, OR PREVENTING STATE SERVES AS RESIDENCE FOR TO ENCOURAGE INVOLVEMENT OF VOTER REGISTRATION. VOTER REGISTRATION PURPOSES. MINORS IN ELECTION ACTIVITIES. (a) IN GENERAL.—Chapter 29 of title 18, (a) REQUIREMENTS FOR APPLICANTS FOR LI- (a) GRANTS.— United States Code is amended by adding at the CENSES.—Section 5(d) of the National Voter Reg- (1) IN GENERAL.—The Election Assistance end the following new section: istration Act of 1993 (52 U.S.C. 20504(d)) is Commission (hereafter in this section referred to ‘‘§ 612. Hindering, interfering with, or pre- amended— as the ‘‘Commission’’) shall make grants to eligi- venting registering to vote (1) by striking ‘‘Any change’’ and inserting ble States to enable such States to carry out a ‘‘(a) PROHIBITION.—It shall be unlawful for ‘‘(1) Any change’’; and plan to increase the involvement of individuals any person, whether acting under color of law (2) by adding at the end the following new under 18 years of age in public election activities or otherwise, to corruptly hinder, interfere with, paragraph: in the State. or prevent another person from registering to (2) CONTENTS OF PLANS.—A State’s plan under ‘‘(2)(A) A State motor vehicle authority shall this subsection shall include— vote or to corruptly hinder, interfere with, or require each individual applying for a motor ve- (A) methods to promote the use of the pre-reg- prevent another person from aiding another per- hicle driver’s license in the State— istration process implemented under section 8A son in registering to vote. ‘‘(i) to indicate whether the individual resides of the National Voter Registration Act of 1993 ‘‘(b) ATTEMPT.—Any person who attempts to in another State or resided in another State (as added by section 2(a)); commit any offense described in subsection (a) prior to applying for the license, and, if so, to (B) modifications to the curriculum of sec- shall be subject to the same penalties as those identify the State involved; and ondary schools in the State to promote civic en- prescribed for the offense that the person at- tempted to commit. ‘‘(ii) to indicate whether the individual in- gagement; and tends for the State to serve as the individual’s (C) such other activities to encourage the in- ‘‘(c) PENALTY.—Any person who violates sub- section (a) shall be fined under this title, impris- residence for purposes of registering to vote in volvement of young people in the electoral proc- elections for Federal office. ess as the State considers appropriate. oned not more than 5 years, or both.’’. (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(B) If pursuant to subparagraph (A)(ii) an (b) ELIGIBILITY.—A State is eligible to receive individual indicates to the State motor vehicle a grant under this section if the State submits to tions for chapter 29 of title 18, United States authority that the individual intends for the the Commission, at such time and in such form Code is amended by adding at the end the fol- State to serve as the individual’s residence for as the Commission may require, an application lowing new item: purposes of registering to vote in elections for containing— ‘‘612. Hindering, interfering with, or preventing (1) a description of the State’s plan under sub- registering to vote.’’. Federal office, the authority shall notify the section (a); (c) EFFECTIVE DATE.—The amendments made motor vehicle authority of the State identified (2) a description of the performance measures by this section shall apply with respect to elec- by the individual pursuant to subparagraph and targets the State will use to determine its tions held on or after the date of the enactment (A)(i), who shall notify the chief State election success in carrying out the plan; and of this Act, except that no person may be found official of such State that the individual no (3) such other information and assurances as to have violated section 612 of title 18, United longer intends for that State to serve as the in- the Commission may require. States Code (as added by subsection (a)), on the dividual’s residence for purposes of registering (c) PERIOD OF GRANT; REPORT.— basis of any act occurring prior to the date of to vote in elections for Federal office.’’. (1) PERIOD OF GRANT.—A State receiving a the enactment of this Act. (b) EFFECTIVE DATE.—The amendments made grant under this section shall use the funds pro- SEC. 1072. ESTABLISHMENT OF BEST PRACTICES. by subsection (a) shall take effect with respect vided by the grant over a 2-year period agreed (a) BEST PRACTICES.—Not later than 180 days to elections occurring in 2021 or any succeeding to between the State and the Commission. after the date of the enactment of this Act, the year.

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H899 PART 9—PROVIDING VOTER REGISTRA- of an election for Federal office to vote in the istration procedures and absentee ballot proce- TION INFORMATION TO SECONDARY election.’’. dures to be used by individuals with disabilities SCHOOL STUDENTS (b) EFFECTIVE DATE.—The amendment made with respect to elections for Federal office to all SEC. 1091. PILOT PROGRAM FOR PROVIDING by subsection (a) shall apply with respect to individuals with disabilities who wish to register VOTER REGISTRATION INFORMA- elections occurring on or after January 1, 2022. to vote or vote in any jurisdiction in the State. ‘‘(c) DESIGNATION OF MEANS OF ELECTRONIC TION TO SECONDARY SCHOOL STU- Subtitle B—Access to Voting for Individuals COMMUNICATION FOR INDIVIDUALS WITH DIS- DENTS PRIOR TO GRADUATION. With Disabilities (a) PILOT PROGRAM.—The Election Assistance ABILITIES TO REQUEST AND FOR STATES TO SEND Commission (hereafter in this part referred to as SEC. 1101. REQUIREMENTS FOR STATES TO PRO- VOTER REGISTRATION APPLICATIONS AND ABSEN- MOTE ACCESS TO VOTER REGISTRA- TEE BALLOT APPLICATIONS, AND FOR OTHER the ‘‘Commission’’) shall carry out a pilot pro- TION AND VOTING FOR INDIVIDUALS gram under which the Commission shall provide WITH DISABILITIES. PURPOSES RELATED TO VOTING INFORMATION.— funds during the one-year period beginning ‘‘(1) IN GENERAL.—Each State shall, in addi- (a) REQUIREMENTS.—Subtitle A of title III of tion to the designation of a single State office after the date of the enactment of this part to el- the Help America Vote Act of 2002 (52 U.S.C. igible local educational agencies for initiatives under subsection (b), designate not less than 1 21081 et seq.), as amended by section 1031(a), is means of electronic communication— to provide information on registering to vote in amended— elections for public office to secondary school ‘‘(A) for use by individuals with disabilities (1) by redesignating sections 305 and 306 as who wish to register to vote or vote in any juris- students in the 12th grade. sections 306 and 307; and (b) ELIGIBILITY.—A local educational agency diction in the State to request voter registration (2) by inserting after section 304 the following applications and absentee ballot applications is eligible to receive funds under the pilot pro- new section: gram under this part if the agency submits to under subsection (a)(3); the Commission, at such time and in such form ‘‘SEC. 305. ACCESS TO VOTER REGISTRATION AND ‘‘(B) for use by States to send voter registra- VOTING FOR INDIVIDUALS WITH DIS- tion applications and absentee ballot applica- as the Commission may require, an application ABILITIES. containing— tions requested under such subsection; and ‘‘(a) TREATMENT OF APPLICATIONS AND BAL- ‘‘(C) for the purpose of providing related vot- (1) a description of the initiatives the agency LOTS.—Each State shall— ing, balloting, and election information to indi- intends to carry out with the funds; ‘‘(1) permit individuals with disabilities to use viduals with disabilities. (2) an estimate of the costs associated with absentee registration procedures and to vote by ‘‘(2) CLARIFICATION REGARDING PROVISION OF such initiatives; and absentee ballot in elections for Federal office; MULTIPLE MEANS OF ELECTRONIC COMMUNICA- (3) such other information and assurances as ‘‘(2) accept and process, with respect to any TION.—A State may, in addition to the means of the Commission may require. election for Federal office, any otherwise valid electronic communication so designated, provide (c) CONSULTATION WITH ELECTION OFFI- voter registration application and absentee bal- multiple means of electronic communication to CIALS.—A local educational agency receiving lot application from an individual with a dis- individuals with disabilities, including a means funds under the pilot program shall consult ability if the application is received by the ap- of electronic communication for the appropriate with the State and local election officials who propriate State election official within the dead- jurisdiction of the State. are responsible for administering elections for line for the election which is applicable under ‘‘(3) INCLUSION OF DESIGNATED MEANS OF public office in the area served by the agency in Federal law; ELECTRONIC COMMUNICATION WITH INFORMA- developing the initiatives the agency will carry ‘‘(3) in addition to any other method of reg- TIONAL AND INSTRUCTIONAL MATERIALS THAT AC- out with the funds. istering to vote or applying for an absentee bal- COMPANY BALLOTING MATERIALS.—Each State (d) DEFINITIONS.—In this part, the terms lot in the State, establish procedures— shall include a means of electronic communica- ‘‘local educational agency’’ and ‘‘secondary ‘‘(A) for individuals with disabilities to re- tion so designated with all informational and school’’ have the meanings given such terms in quest by mail and electronically voter registra- instructional materials that accompany bal- section 8101 of the Elementary and Secondary tion applications and absentee ballot applica- loting materials sent by the State to individuals Education Act of 1965 (20 U.S.C. 7801). tions with respect to elections for Federal office with disabilities. SEC. 1092. REPORTS. in accordance with subsection (c); ‘‘(4) TRANSMISSION IF NO PREFERENCE INDI- (a) REPORTS BY RECIPIENTS OF FUNDS.—Not ‘‘(B) for States to send by mail and electroni- CATED.—In the case where an individual with a later than the expiration of the 90-day period cally (in accordance with the preferred method disability does not designate a preference under which begins on the date of the receipt of the of transmission designated by the individual subsection (a)(3)(C), the State shall transmit the funds, each local educational agency receiving under subparagraph (C)) voter registration ap- voter registration application or absentee ballot funds under the pilot program under this part plications and absentee ballot applications re- application by any delivery method allowable in shall submit a report to the Commission describ- quested under subparagraph (A) in accordance accordance with applicable State law, or if there ing the initiatives carried out with the funds with subsection (c)); and is no applicable State law, by mail. and analyzing their effectiveness. ‘‘(C) by which such an individual can des- ‘‘(d) TRANSMISSION OF BLANK ABSENTEE BAL- (b) REPORT BY COMMISSION.—Not later than ignate whether the individual prefers that such LOTS BY MAIL AND ELECTRONICALLY.— the expiration of the 60-day period which begins voter registration application or absentee ballot ‘‘(1) IN GENERAL.—Each State shall establish on the date the Commission receives the final re- application be transmitted by mail or electroni- procedures— ‘‘(A) to securely transmit blank absentee bal- port submitted by a local educational agency cally; lots by mail and electronically (in accordance under subsection (a), the Commission shall sub- ‘‘(4) in addition to any other method of trans- with the preferred method of transmission des- mit a report to Congress on the pilot program mitting blank absentee ballots in the State, es- ignated by the individual with a disability under this part. tablish procedures for transmitting by mail and under subparagraph (B)) to individuals with SEC. 1093. AUTHORIZATION OF APPROPRIATIONS. electronically blank absentee ballots to individ- disabilities for an election for Federal office; There are authorized to be appropriated such uals with disabilities with respect to elections sums as may be necessary to carry out this part. and for Federal office in accordance with subsection ‘‘(B) by which the individual with a disability PART 10—VOTER REGISTRATION OF (d); can designate whether the individual prefers MINORS ‘‘(5) transmit a validly requested absentee bal- that such blank absentee ballot be transmitted SEC. 1094. ACCEPTANCE OF VOTER REGISTRA- lot to an individual with a disability— by mail or electronically. TION APPLICATIONS FROM INDIVID- ‘‘(A) except as provided in subsection (e), in ‘‘(2) TRANSMISSION IF NO PREFERENCE INDI- UALS UNDER 18 YEARS OF AGE. the case in which the request is received at least CATED.—In the case where an individual with a (a) ACCEPTANCE OF APPLICATIONS.—Section 8 45 days before an election for Federal office, not disability does not designate a preference under of the National Voter Registration Act of 1993 later than 45 days before the election; and paragraph (1)(B), the State shall transmit the (52 U.S.C. 20507), as amended by section 1004, is ‘‘(B) in the case in which the request is re- ballot by any delivery method allowable in ac- amended— ceived less than 45 days before an election for cordance with applicable State law, or if there is (1) by redesignating subsection (k) as sub- Federal office— no applicable State law, by mail. section (l); and ‘‘(i) in accordance with State law; and ‘‘(3) APPLICATION OF METHODS TO TRACK DE- (2) by inserting after subsection (j) the fol- ‘‘(ii) if practicable and as determined appro- LIVERY TO AND RETURN OF BALLOT BY INDI- lowing new subsection: priate by the State, in a manner that expedites VIDUAL REQUESTING BALLOT.—Under the proce- ‘‘(k) ACCEPTANCE OF APPLICATIONS FROM IN- the transmission of such absentee ballot; and dures established under paragraph (1), the State DIVIDUALS UNDER 18 YEARS OF AGE.— ‘‘(6) if the State declares or otherwise holds a shall apply such methods as the State considers ‘‘(1) IN GENERAL.—A State may not refuse to runoff election for Federal office, establish a appropriate, such as assigning a unique identi- accept or process an individual’s application to written plan that provides absentee ballots are fier to the ballot, to ensure that if an individual register to vote in elections for Federal office on made available to individuals with disabilities in with a disability requests the State to transmit the grounds that the individual is under 18 a manner that gives them sufficient time to vote a blank absentee ballot to the individual in ac- years of age at the time the individual submits in the runoff election. cordance with this subsection, the voted absen- the application, so long as the individual is at ‘‘(b) DESIGNATION OF SINGLE STATE OFFICE TO tee ballot which is returned by the individual is least 16 years of age at such time. PROVIDE INFORMATION ON REGISTRATION AND the same blank absentee ballot which the State ‘‘(2) NO EFFECT ON STATE VOTING AGE RE- ABSENTEE BALLOT PROCEDURES FOR ALL DIS- transmitted to the individual. QUIREMENTS.—Nothing in paragraph (1) may be ABLED VOTERS IN STATE.—Each State shall des- ‘‘(e) HARDSHIP EXEMPTION.— construed to require a State to permit an indi- ignate a single office which shall be responsible ‘‘(1) IN GENERAL.—If the chief State election vidual who is under 18 years of age at the time for providing information regarding voter reg- official determines that the State is unable to

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H900 CONGRESSIONAL RECORD — HOUSE March 2, 2021 meet the requirement under subsection (a)(5)(A) disability’ means an individual with an impair- a payment to a State or unit of local government with respect to an election for Federal office due ment that substantially limits any major life ac- for fiscal year 2022 or any succeeding fiscal to an undue hardship described in paragraph tivities and who is otherwise qualified to vote in year, any portion of such amounts which have (2)(B), the chief State election official shall re- elections for Federal office. not been obligated or expended by the State or quest that the Attorney General grant a waiver ‘‘(h) EFFECTIVE DATE.—This section shall unit of local government prior to the expiration to the State of the application of such sub- apply with respect to elections for Federal office of the 4-year period which begins on the date section. Such request shall include— held on or after January 1, 2022.’’. the State or unit of local government first re- ‘‘(A) a recognition that the purpose of such (b) CONFORMING AMENDMENT RELATING TO ceived the amounts shall be transferred to the subsection is to individuals with disabilities ISSUANCE OF VOLUNTARY GUIDANCE BY ELEC- Commission. enough time to vote in an election for Federal TION ASSISTANCE COMMISSION.— ‘‘(2) REALLOCATION OF TRANSFERRED office; (1) TIMING OF ISSUANCE.—Section 311(b) of AMOUNTS.— ‘‘(B) an explanation of the hardship that in- such Act (52 U.S.C. 21101(b)) is amended— ‘‘(A) IN GENERAL.—The Commission shall use dicates why the State is unable to transmit such (A) by striking ‘‘and’’ at the end of paragraph the amounts transferred under paragraph (1) to individuals an absentee ballot in accordance (2); make payments on a pro rata basis to each cov- with such subsection; (B) by striking the period at the end of para- ered payment recipient described in subpara- ‘‘(C) the number of days prior to the election graph (3) and inserting ‘‘; and’’; and graph (B), which may obligate and expend such for Federal office that the State requires absen- (C) by adding at the end the following new payment for the purposes described in section tee ballots be transmitted to such individuals; paragraph: 261(b) during the 1-year period which begins on and ‘‘(4) in the case of the recommendations with the date of receipt. ‘‘(D) a comprehensive plan to ensure that respect to section 305, January 1, 2022.’’. ‘‘(B) COVERED PAYMENT RECIPIENTS DE- such individuals are able to receive absentee (2) REDESIGNATION.—Title III of such Act (52 SCRIBED.—In subparagraph (A), a ‘covered pay- ballots which they have requested and submit U.S.C. 21081 et seq.) is amended by redesig- ment recipient’ is a State or unit of local govern- marked absentee ballots to the appropriate State nating sections 311 and 312 as sections 321 and ment with respect to which— election official in time to have that ballot 322. ‘‘(i) amounts were appropriated pursuant to counted in the election for Federal office, which (c) CLERICAL AMENDMENTS.—The table of con- the authority of subsection (a); and includes— tents of such Act, as amended by section ‘‘(ii) no amounts were transferred to the Com- ‘‘(i) the steps the State will undertake to en- 1031(c)), is amended— mission under paragraph (1).’’. sure that such individuals have time to receive, (1) by redesignating the items relating to sec- SEC. 1103. PILOT PROGRAMS FOR ENABLING INDI- mark, and submit their ballots in time to have tions 305 and 306 as relating to sections 306 and VIDUALS WITH DISABILITIES TO those ballots counted in the election; 307; REGISTER TO VOTE PRIVATELY AND ‘‘(ii) why the plan provides such individuals (2) by inserting after the item relating to sec- INDEPENDENTLY AT RESIDENCES. sufficient time to vote as a substitute for the re- tion 304 the following new item: (a) ESTABLISHMENT OF PILOT PROGRAMS.— The Election Assistance Commission (hereafter quirements under such subsection; and ‘‘Sec. 305. Access to voter registration and vot- ‘‘(iii) the underlying factual information referred to as the ‘‘Commission’’) shall, subject ing for individuals with disabil- which explains how the plan provides such suf- to the availability of appropriations to carry out ities.’’; ficient time to vote as a substitute for such re- this section, make grants to eligible States to and conduct pilot programs under which individuals quirements. (3) by redesignating the items relating to sec- ‘‘(2) APPROVAL OF WAIVER REQUEST.—The At- with disabilities may use electronic means (in- tions 311 and 312 as relating to sections 321 and torney General shall approve a waiver request cluding the internet and telephones utilizing as- 322. under paragraph (1) if the Attorney General de- sistive devices) to register to vote and to request termines each of the following requirements are SEC. 1102. EXPANSION AND REAUTHORIZATION and receive absentee ballots in a manner which OF GRANT PROGRAM TO ASSURE met: VOTING ACCESS FOR INDIVIDUALS permits such individuals to do so privately and ‘‘(A) The comprehensive plan under subpara- WITH DISABILITIES. independently at their own residences. graph (D) of such paragraph provides individ- (a) PURPOSES OF PAYMENTS.—Section 261(b) of (b) REPORTS.— (1) IN GENERAL.—A State receiving a grant for uals with disabilities sufficient time to receive the Help America Vote Act of 2002 (52 U.S.C. a year under this section shall submit a report absentee ballots they have requested and submit 21021(b)) is amended by striking paragraphs (1) to the Commission on the pilot programs the marked absentee ballots to the appropriate State and (2) and inserting the following: election official in time to have that ballot ‘‘(1) making absentee voting and voting at State carried out with the grant with respect to counted in the election for Federal office. home accessible to individuals with the full elections for public office held in the State dur- ‘‘(B) One or more of the following issues cre- range of disabilities (including impairments in- ing the year. ates an undue hardship for the State: (2) DEADLINE.—A State shall submit a report volving vision, hearing, mobility, or dexterity) ‘‘(i) The State’s primary election date pro- under paragraph (1) not later than 90 days after through the implementation of accessible absen- hibits the State from complying with subsection the last election for public office held in the tee voting systems that work in conjunction (a)(5)(A). State during the year. with assistive technologies for which individuals ‘‘(ii) The State has suffered a delay in gener- (c) ELIGIBILITY.—A State is eligible to receive ating ballots due to a legal contest. have access at their homes, independent living a grant under this section if the State submits to ‘‘(iii) The State Constitution prohibits the centers, or other facilities; the Commission, at such time and in such form ‘‘(2) making polling places, including the path State from complying with such subsection. as the Commission may require, an application of travel, entrances, exits, and voting areas of ‘‘(3) TIMING OF WAIVER.— containing such information and assurances as each polling facility, accessible to individuals ‘‘(A) IN GENERAL.—Except as provided under the Commission may require. subparagraph (B), a State that requests a waiv- with disabilities, including the blind and vis- (d) TIMING.—The Commission shall make the er under paragraph (1) shall submit to the At- ually impaired, in a manner that provides the first grants under this section for pilot programs torney General the written waiver request not same opportunity for access and participation which will be in effect with respect to elections later than 90 days before the election for Fed- (including privacy and independence) as for for Federal office held in 2022, or, at the option eral office with respect to which the request is other voters; and of a State, with respect to other elections for submitted. The Attorney General shall approve ‘‘(3) providing solutions to problems of access public office held in the State in 2022. or deny the waiver request not later than 65 to voting and elections for individuals with dis- (e) STATE DEFINED.—In this section, the term days before such election. abilities that are universally designed and pro- ‘‘State’’ includes the District of Columbia, the ‘‘(B) EXCEPTION.—If a State requests a waiver vide the same opportunities for individuals with Commonwealth of Puerto Rico, Guam, American under paragraph (1) as the result of an undue and without disabilities.’’. Samoa, the United States Virgin Islands, and hardship described in paragraph (2)(B)(ii), the (b) REAUTHORIZATION.—Section 264(a) of such the Commonwealth of the Northern Mariana Is- State shall submit to the Attorney General the Act (52 U.S.C. 21024(a)) is amended by adding at lands. the end the following new paragraph: written waiver request as soon as practicable. SEC. 1104. GAO ANALYSIS AND REPORT ON VOT- The Attorney General shall approve or deny the ‘‘(4) For fiscal year 2022 and each succeeding ING ACCESS FOR INDIVIDUALS WITH waiver request not later than 5 business days fiscal year, such sums as may be necessary to DISABILITIES. after the date on which the request is received. carry out this part.’’. (a) ANALYSIS.—The Comptroller General of the ‘‘(4) APPLICATION OF WAIVER.—A waiver ap- (c) PERIOD OF AVAILABILITY OF FUNDS.—Sec- United States shall conduct an analysis after proved under paragraph (2) shall only apply tion 264 of such Act (52 U.S.C. 21024) is amend- each regularly scheduled general election for with respect to the election for Federal office for ed— Federal office with respect to the following: which the request was submitted. For each sub- (1) in subsection (b), by striking ‘‘Any (1) In relation to polling places located in sequent election for Federal office, the Attorney amounts’’ and inserting ‘‘Except as provided in houses of worship or other facilities that may be General shall only approve a waiver if the State subsection (b), any amounts’’; and exempt from accessibility requirements under the has submitted a request under paragraph (1) (2) by adding at the end the following new Americans with Disabilities Act— with respect to such election. subsection: (A) efforts to overcome accessibility challenges ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this ‘‘(c) RETURN AND TRANSFER OF CERTAIN posed by such facilities; and section may be construed to allow the marking FUNDS.— (B) the extent to which such facilities are used or casting of ballots over the internet. ‘‘(1) DEADLINE FOR OBLIGATION AND EXPENDI- as polling places in elections for Federal office. ‘‘(g) INDIVIDUAL WITH A DISABILITY DE- TURE.—In the case of any amounts appropriated (2) Assistance provided by the Election Assist- FINED.—In this section, an ‘individual with a pursuant to the authority of subsection (a) for ance Commission, Department of Justice, or

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H901 other Federal agencies to help State and local ‘‘(3) the term ‘unverified match list’ means a Code, as amended by section 1071(b), is amended officials improve voting access for individuals list produced by matching the information of by adding at the end the following: with disabilities during elections for Federal of- registered voters or applicants for voter registra- ‘‘613. Voter caging and other questionable chal- fice. tion to a list of individuals who are ineligible to lenges.’’. (3) When accessible voting machines are avail- vote in the registrar’s jurisdiction, by virtue of SEC. 1202. DEVELOPMENT AND ADOPTION OF able at a polling place, the extent to which such death, conviction, change of address, or other- BEST PRACTICES FOR PREVENTING machines— wise; unless one of the pieces of information VOTER CAGING. (A) are located in places that are difficult to matched includes a signature, photograph, or (a) BEST PRACTICES.—Not later than 180 days access; unique identifying number ensuring that the in- after the date of the enactment of this Act, the (B) malfunction; or formation from each source refers to the same Election Assistance Commission shall develop (C) fail to provide sufficient privacy to ensure individual. and publish for the use of States recommenda- that the ballot of the individual cannot be seen ‘‘(b) PROHIBITION AGAINST VOTER CAGING.— tions for best practices to deter and prevent vio- by another individual. No State or local election official shall prevent lations of section 613 of title 18, United States (4) The process by which Federal, State, and an individual from registering or voting in any Code, as added by section 1201(a), including local governments track compliance with acces- election for Federal office, or permit in connec- practices to provide for the posting of relevant sibility requirements related to voting access, in- tion with any election for Federal office a for- information at polling places and voter registra- cluding methods to receive and address com- mal challenge under State law to an individ- tion agencies, the training of poll workers and plaints. ual’s registration status or eligibility to vote, if election officials, and relevant educational (5) The extent to which poll workers receive the basis for such decision is evidence consisting measures. For purposes of this subsection, the training on how to assist individuals with dis- of— term ‘‘State’’ includes the District of Columbia, abilities, including the receipt by such poll ‘‘(1) a voter caging document or voter caging the Commonwealth of Puerto Rico, Guam, workers of information on legal requirements re- list; American Samoa, the United States Virgin Is- lated to voting rights for individuals with dis- ‘‘(2) an unverified match list; lands, and the Commonwealth of the Northern abilities. ‘‘(3) an error or omission on any record or Mariana Islands. (6) The extent and effectiveness of training paper relating to any application, registration, (b) INCLUSION IN VOTING INFORMATION RE- provided to poll workers on the operation of ac- or other act requisite to voting, if such error or QUIREMENTS.—Section 302(b)(2) of the Help cessible voting machines. omission is not material to an individual’s eligi- America Vote Act of 2002 (52 U.S.C. 21082(b)(2)), (7) The extent to which individuals with a de- bility to vote under section 2004 of the Revised as amended by section 1072(b), is amended— velopmental or psychiatric disability experience Statutes, as amended (52 U.S.C. 10101(a)(2)(B)); (1) by striking ‘‘and’’ at the end of subpara- greater barriers to voting, and whether poll or graph (F); worker training adequately addresses the needs ‘‘(4) any other evidence so designated for pur- (2) by striking the period at the end of sub- of such individuals. poses of this section by the Election Assistance paragraph (G) and inserting ‘‘; and’’; and (8) The extent to which State or local govern- Commission, (3) by adding at the end the following new ments employ, or attempt to employ, individuals except that the election official may use such subparagraph: with disabilities to work at polling sites. evidence if it is corroborated by independent evi- ‘‘(H) information relating to the prohibition (b) REPORT.— dence of the individual’s ineligibility to register against voter caging and other questionable (1) IN GENERAL.—Not later than 9 months or vote. challenges (as set forth in section 613 of title 18, after the date of a regularly scheduled general ‘‘(c) REQUIREMENTS FOR CHALLENGES BY PER- United States Code), including information on election for Federal office, the Comptroller Gen- SONS OTHER THAN ELECTION OFFICIALS.— how individuals may report allegations of viola- eral shall submit to the appropriate congres- ‘‘(1) REQUIREMENTS FOR CHALLENGES.—No tions of such prohibition.’’. sional committees a report with respect to the person, other than a State or local election offi- most recent regularly scheduled general election cial, shall submit a formal challenge to an indi- Subtitle D—Prohibiting Deceptive Practices for Federal office that contains the following: vidual’s eligibility to register to vote in an elec- and Preventing Voter Intimidation (A) The analysis required by subsection (a). tion for Federal office or to vote in an election SEC. 1301. SHORT TITLE. (B) Recommendations, as appropriate, to pro- for Federal office unless that challenge is sup- This subtitle may be cited as the ‘‘Deceptive mote the use of best practices used by State and ported by personal knowledge regarding the Practices and Voter Intimidation Prevention Act local officials to address barriers to accessibility grounds for ineligibility which is— of 2021’’. and privacy concerns for individuals with dis- ‘‘(A) documented in writing; and SEC. 1302. PROHIBITION ON DECEPTIVE PRAC- abilities in elections for Federal office. ‘‘(B) subject to an oath or attestation under TICES IN FEDERAL ELECTIONS. (2) APPROPRIATE CONGRESSIONAL COMMIT- penalty of perjury that the challenger has a (a) PROHIBITION.—Subsection (b) of section TEES.—For purposes of this subsection, the term good faith factual basis to believe that the indi- 2004 of the Revised Statutes (52 U.S.C. 10101(b)) ‘‘appropriate congressional committees’’ vidual who is the subject of the challenge is in- is amended— means— eligible to register to vote or vote in that elec- (1) by striking ‘‘No person’’ and inserting the (A) the Committee on House Administration of tion, except a challenge which is based on the following: the House of Representatives; race, ethnicity, or national origin of the indi- ‘‘(1) IN GENERAL.—No person’’; and (B) the Committee on Rules and Administra- vidual who is the subject of the challenge may (2) by inserting at the end the following new tion of the Senate; not be considered to have a good faith factual paragraphs: (C) the Committee on Appropriations of the basis for purposes of this paragraph. ‘‘(2) FALSE STATEMENTS REGARDING FEDERAL House of Representatives; and ‘‘(2) PROHIBITION ON CHALLENGES ON OR NEAR ELECTIONS.— (D) the Committee on Appropriations of the DATE OF ELECTION.—No person, other than a ‘‘(A) PROHIBITION.—No person, whether act- Senate. State or local election official, shall be per- ing under color of law or otherwise, shall, with- Subtitle C—Prohibiting Voter Caging mitted— in 60 days before an election described in para- ‘‘(A) to challenge an individual’s eligibility to graph (5), by any means, including by means of SEC. 1201. VOTER CAGING AND OTHER QUESTION- vote in an election for Federal office on Election ABLE CHALLENGES PROHIBITED. written, electronic, or telephonic communica- Day, or tions, communicate or cause to be communicated (a) IN GENERAL.—Chapter 29 of title 18, ‘‘(B) to challenge an individual’s eligibility to information described in subparagraph (B), or United States Code, as amended by section register to vote in an election for Federal office produce information described in subparagraph 1071(a), is amended by adding at the end the or to vote in an election for Federal office less (B) with the intent that such information be following: than 10 days before the election unless the indi- communicated, if such person— ‘‘§ 613. Voter caging and other questionable vidual registered to vote less than 20 days before ‘‘(i) knows such information to be materially challenges the election. false; and ‘‘(a) DEFINITIONS.—In this section— ‘‘(d) PENALTIES FOR KNOWING MISCONDUCT.— ‘‘(ii) has the intent to impede or prevent an- ‘‘(1) the term ‘voter caging document’ means— Whoever knowingly challenges the eligibility of other person from exercising the right to vote in ‘‘(A) a nonforwardable document that is re- one or more individuals to register or vote or an election described in paragraph (5). turned to the sender or a third party as undeliv- knowingly causes the eligibility of such individ- ‘‘(B) INFORMATION DESCRIBED.—Information ered or undeliverable despite an attempt to de- uals to be challenged in violation of this section is described in this subparagraph if such infor- liver such document to the address of a reg- with the intent that one or more eligible voters mation is regarding— istered voter or applicant; or be disqualified, shall be fined under this title or ‘‘(i) the time, place, or manner of holding any ‘‘(B) any document with instructions to an imprisoned not more than 1 year, or both, for election described in paragraph (5); or addressee that the document be returned to the each such violation. Each violation shall be a ‘‘(ii) the qualifications for or restrictions on sender or a third party but is not so returned, separate offense. voter eligibility for any such election, includ- despite an attempt to deliver such document to ‘‘(e) NO EFFECT ON RELATED LAWS.—Nothing ing— the address of a registered voter or applicant, in this section is intended to override the protec- ‘‘(I) any criminal penalties associated with unless at least two Federal election cycles have tions of the National Voter Registration Act of voting in any such election; or passed since the date of the attempted delivery; 1993 (52 U.S.C. 20501 et seq.) or to affect the Vot- ‘‘(II) information regarding a voter’s registra- ‘‘(2) the term ‘voter caging list’ means a list of ing Rights Act of 1965 (52 U.S.C. 10301 et seq.).’’. tion status or eligibility. individuals compiled from voter caging docu- (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(3) FALSE STATEMENTS REGARDING PUBLIC EN- ments; and tions for chapter 29 of title 18, United States DORSEMENTS.—

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‘‘(A) PROHIBITION.—No person, whether act- phonic communications, to communicate or (1) IN GENERAL.—If the Attorney General re- ing under color of law or otherwise, shall, with- cause to be communicated information described ceives a credible report that materially false in- in 60 days before an election described in para- in subparagraph (B), or produce information de- formation has been or is being communicated in graph (5), by any means, including by means of scribed in subparagraph (B) with the intent that violation of paragraphs (2) and (3) of section written, electronic, or telephonic communica- such information be communicated, if such per- 2004(b) of the Revised Statutes (52 U.S.C. tions, communicate, or cause to be commu- son— 10101(b)), as added by section 1302(a), and if the nicated, a materially false statement about an ‘‘(i) knows such information to be materially Attorney General determines that State and endorsement, if such person— false; and local election officials have not taken adequate ‘‘(i) knows such statement to be false; and ‘‘(ii) has the intent to mislead voters, or the steps to promptly communicate accurate infor- ‘‘(ii) has the intent to impede or prevent an- intent to impede or prevent another person from mation to correct the materially false informa- other person from exercising the right to vote in exercising the right to vote in an election de- tion, the Attorney General shall, pursuant to an election described in paragraph (5). scribed in subsection (e). the written procedures and standards under ‘‘(B) DEFINITION OF ‘MATERIALLY FALSE’.—For ‘‘(B) INFORMATION DESCRIBED.—Information subsection (b), communicate to the public, by purposes of subparagraph (A), a statement is described in this subparagraph if such infor- any means, including by means of written, elec- about an endorsement is ‘materially false’ if, mation is regarding— tronic, or telephonic communications, accurate with respect to an upcoming election described ‘‘(i) the time or place of holding any election information designed to correct the materially in paragraph (5)— described in subsection (e); or false information. ‘‘(i) the statement states that a specifically ‘‘(ii) the qualifications for or restrictions on (2) COMMUNICATION OF CORRECTIVE INFORMA- named person, political party, or organization voter eligibility for any such election, includ- TION.—Any information communicated by the has endorsed the election of a specific candidate ing— Attorney General under paragraph (1)— for a Federal office described in such para- ‘‘(I) any criminal penalties associated with (A) shall— graph; and voting in any such election; or (i) be accurate and objective; ‘‘(ii) such person, political party, or organiza- ‘‘(II) information regarding a voter’s registra- (ii) consist of only the information necessary tion has not endorsed the election of such can- tion status or eligibility. to correct the materially false information that didate. ‘‘(2) PENALTY.—Any person who violates has been or is being communicated; and ‘‘(4) HINDERING, INTERFERING WITH, OR PRE- paragraph (1) shall be fined not more than (iii) to the extent practicable, be by a means VENTING VOTING OR REGISTERING TO VOTE.—No $100,000, imprisoned for not more than 5 years, that the Attorney General determines will reach person, whether acting under color of law or or both. the persons to whom the materially false infor- otherwise, shall intentionally hinder, interfere ‘‘(c) HINDERING, INTERFERING WITH, OR PRE- mation has been or is being communicated; and with, or prevent another person from voting, VENTING VOTING OR REGISTERING TO VOTE.— (B) shall not be designed to favor or disfavor registering to vote, or aiding another person to ‘‘(1) PROHIBITION.—It shall be unlawful for any particular candidate, organization, or polit- vote or register to vote in an election described any person, whether acting under color of law ical party. in paragraph (5). or otherwise, to intentionally hinder, interfere (b) WRITTEN PROCEDURES AND STANDARDS FOR ‘‘(5) ELECTION DESCRIBED.—An election de- with, or prevent another person from voting, TAKING CORRECTIVE ACTION.— scribed in this paragraph is any general, pri- registering to vote, or aiding another person to (1) IN GENERAL.—Not later than 180 days after mary, run-off, or special election held solely or vote or register to vote in an election described the date of enactment of this Act, the Attorney in part for the purpose of nominating or electing in subsection (e). General shall publish written procedures and a candidate for the office of President, Vice ‘‘(2) PENALTY.—Any person who violates standards for determining when and how cor- President, presidential elector, Member of the paragraph (1) shall be fined not more than rective action will be taken under this section. Senate, Member of the House of Representatives, $100,000, imprisoned for not more than 5 years, (2) INCLUSION OF APPROPRIATE DEADLINES.— or Delegate or Commissioner from a Territory or or both. The procedures and standards under paragraph possession.’’. ‘‘(d) ATTEMPT.—Any person who attempts to (1) shall include appropriate deadlines, based in (b) PRIVATE RIGHT OF ACTION.— commit any offense described in subsection (a), part on the number of days remaining before the (1) IN GENERAL.—Subsection (c) of section 2004 (b)(1), or (c)(1) shall be subject to the same pen- upcoming election. of the Revised Statutes (52 U.S.C. 10101(c)) is alties as those prescribed for the offense that the (3) CONSULTATION.—In developing the proce- amended— person attempted to commit. dures and standards under paragraph (1), the (A) by striking ‘‘Whenever any person’’ and ‘‘(e) ELECTION DESCRIBED.—An election de- Attorney General shall consult with the Election inserting the following: scribed in this subsection is any general, pri- Assistance Commission, State and local election ‘‘(1) IN GENERAL.—Whenever any person’’; mary, run-off, or special election held solely or officials, civil rights organizations, voting rights and in part for the purpose of nominating or electing groups, voter protection groups, and other inter- (B) by adding at the end the following new a candidate for the office of President, Vice ested community organizations. paragraph: President, presidential elector, Senator, Member (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) CIVIL ACTION.—Any person aggrieved by of the House of Representatives, or Delegate or There are authorized to be appropriated to the a violation of subsection (b)(2), (b)(3), or (b)(4) Resident Commissioner to the Congress.’’. Attorney General such sums as may be nec- may institute a civil action for preventive relief, (2) MODIFICATION OF PENALTY FOR VOTER IN- essary to carry out this subtitle. including an application in a United States dis- TIMIDATION.—Section 594(a) of title 18, United SEC. 1304. REPORTS TO CONGRESS. trict court for a permanent or temporary injunc- States Code, as amended by paragraph (1), is (a) IN GENERAL.—Not later than 180 days tion, restraining order, or other order. In any amended by striking ‘‘fined under this title or after each general election for Federal office, such action, the court, in its discretion, may imprisoned not more than one year’’ and insert- the Attorney General shall submit to Congress a allow the prevailing party a reasonable attor- ing ‘‘fined not more than $100,000, imprisoned report compiling all allegations received by the ney’s fee as part of the costs.’’. for not more than 5 years’’. Attorney General of deceptive practices de- (2) CONFORMING AMENDMENTS.—Section 2004 (3) SENTENCING GUIDELINES.— scribed in paragraphs (2), (3), and (4) of section of the Revised Statutes (52 U.S.C. 10101) is (A) REVIEW AND AMENDMENT.—Not later than 2004(b) of the Revised Statutes (52 U.S.C. amended— 180 days after the date of enactment of this Act, 10101(b)), as added by section 1302(a), relating (A) in subsection (e), by striking ‘‘subsection the United States Sentencing Commission, pur- to the general election for Federal office and (c)’’ and inserting ‘‘subsection (c)(1)’’; and suant to its authority under section 994 of title any primary, run-off, or a special election for (B) in subsection (g), by striking ‘‘subsection 28, United States Code, and in accordance with Federal office held in the 2 years preceding the (c)’’ and inserting ‘‘subsection (c)(1)’’. this section, shall review and, if appropriate, general election. (c) CRIMINAL PENALTIES.— amend the Federal sentencing guidelines and (b) CONTENTS.— (1) DECEPTIVE ACTS.—Section 594 of title 18, policy statements applicable to persons con- (1) IN GENERAL.—Each report submitted under United States Code, is amended— victed of any offense under section 594 of title subsection (a) shall include— (A) by striking ‘‘Whoever’’ and inserting the 18, United States Code, as amended by this sec- (A) a description of each allegation of a de- following: tion. ceptive practice described in subsection (a), in- ‘‘(a) INTIMIDATION.—Whoever’’; (B) AUTHORIZATION.—The United States Sen- cluding the geographic location, racial and eth- (B) in subsection (a), as inserted by subpara- tencing Commission may amend the Federal nic composition, and language minority-group graph (A), by striking ‘‘at any election’’ and in- Sentencing Guidelines in accordance with the membership of the persons toward whom the al- serting ‘‘at any general, primary, run-off, or procedures set forth in section 21(a) of the Sen- leged deceptive practice was directed; special election’’; and tencing Act of 1987 (28 U.S.C. 994 note) as (B) the status of the investigation of each al- (C) by adding at the end the following new though the authority under that section had not legation described in subparagraph (A); subsections: expired. (C) a description of each corrective action ‘‘(b) DECEPTIVE ACTS.— (4) PAYMENTS FOR REFRAINING FROM VOTING.— taken by the Attorney General under section ‘‘(1) FALSE STATEMENTS REGARDING FEDERAL Subsection (c) of section 11 of the Voting Rights 4(a) in response to an allegation described in ELECTIONS.— Act of 1965 (52 U.S.C. 10307) is amended by strik- subparagraph (A); ‘‘(A) PROHIBITION.—It shall be unlawful for ing ‘‘either for registration to vote or for voting’’ (D) a description of each referral of an allega- any person, whether acting under color of law and inserting ‘‘for registration to vote, for vot- tion described in subparagraph (A) to other Fed- or otherwise, within 60 days before an election ing, or for not voting’’. eral, State, or local agencies; described in subsection (e), by any means, in- SEC. 1303. CORRECTIVE ACTION. (E) to the extent information is available, a cluding by means of written, electronic, or tele- (a) CORRECTIVE ACTION.— description of any civil action instituted under

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H903 section 2004(c)(2) of the Revised Statutes (52 (6) In some States disenfranchisement results voting rights for individuals with felony convic- U.S.C. 10101(c)(2)), as added by section 1302(b), from varying State laws that restrict voting tions. in connection with an allegation described in while individuals are under the supervision of SEC. 1403. RIGHTS OF CITIZENS. subparagraph (A); and the criminal justice system or after they have The right of an individual who is a citizen of (F) a description of any criminal prosecution completed a criminal sentence. In 30 States, con- the United States to vote in any election for instituted under section 594 of title 18, United victed individuals may not vote while they are Federal office shall not be denied or abridged States Code, as amended by section 1302(c), in on parole and 27 States disenfranchise individ- because that individual has been convicted of a connection with the receipt of an allegation de- uals on felony probation as well. In 11 States, a criminal offense unless such individual is serv- scribed in subparagraph (A) by the Attorney conviction can result in lifetime disenfranchise- ing a felony sentence in a correctional institu- General. ment. tion or facility at the time of the election. (2) EXCLUSION OF CERTAIN INFORMATION.— (7) Several States deny the right to vote to in- SEC. 1404. ENFORCEMENT. (A) IN GENERAL.—The Attorney General shall dividuals convicted of certain misdemeanors. (a) ATTORNEY GENERAL.—The Attorney Gen- not include in a report submitted under sub- (8) An estimated 5,200,000 citizens of the eral may, in a civil action, obtain such declara- section (a) any information protected from dis- United States, or about 1 in 44 adults in the tory or injunctive relief as is necessary to rem- closure by rule 6(e) of the Federal Rules of United States, currently cannot vote as a result edy a violation of this subtitle. Criminal Procedure or any Federal criminal of a felony conviction. Of the 5,200,000 citizens (b) PRIVATE RIGHT OF ACTION.— statute. barred from voting, only 24 percent are in pris- (1) IN GENERAL.—A person who is aggrieved by (B) EXCLUSION OF CERTAIN OTHER INFORMA- on. By contrast, 75 percent of the a violation of this subtitle may provide written TION.—The Attorney General may determine disenfranchised reside in their communities notice of the violation to the chief election offi- that the following information shall not be in- while on probation or parole or after having cial of the State involved. cluded in a report submitted under subsection completed their sentences. Approximately (2) RELIEF.—Except as provided in paragraph (a): 2,200,000 citizens who have completed their sen- (3), if the violation is not corrected within 90 (i) Any information that is privileged. tences remain disenfranchised due to restrictive days after receipt of a notice under paragraph (ii) Any information concerning an ongoing State laws. In at least 6 States—Alabama, Flor- (1), or within 20 days after receipt of the notice investigation. ida, Kentucky, Mississippi, Tennessee, and Vir- if the violation occurred within 120 days before (iii) Any information concerning a criminal or ginia—more than 5 percent of the total voting- the date of an election for Federal office, the ag- civil proceeding conducted under seal. age population is disenfranchised. grieved person may, in a civil action, obtain de- (iv) Any other nonpublic information that the (9) In those States that disenfranchise individ- claratory or injunctive relief with respect to the Attorney General determines the disclosure of uals post-sentence, the right to vote can be re- violation. which could reasonably be expected to infringe gained in theory, but in practice this possibility (3) EXCEPTION.—If the violation occurred on the rights of any individual or adversely af- is often granted in a non-uniform and poten- within 30 days before the date of an election for fect the integrity of a pending or future criminal tially discriminatory manner. Disenfranchised Federal office, the aggrieved person need not investigation. individuals must either obtain a pardon or an provide notice to the chief election official of the (c) REPORT MADE PUBLIC.—On the date that order from the Governor or an action by the pa- State under paragraph (1) before bringing a civil the Attorney General submits the report under role or pardon board, depending on the offense action to obtain declaratory or injunctive relief subsection (a), the Attorney General shall also and State. Individuals convicted of a Federal of- with respect to the violation. make the report publicly available through the fense often have additional barriers to regaining SEC. 1405. NOTIFICATION OF RESTORATION OF internet and other appropriate means. voting rights. VOTING RIGHTS. Subtitle E—Democracy Restoration (10) State disenfranchisement laws dispropor- (a) STATE NOTIFICATION.— tionately impact racial and ethnic minorities. (1) NOTIFICATION.—On the date determined SEC. 1401. SHORT TITLE. More than 6 percent of the African-American under paragraph (2), each State shall notify in This subtitle may be cited as the ‘‘Democracy voting-age population, or 1,800,000 African writing any individual who has been convicted Restoration Act of 2021’’. Americans, are disenfranchised. Currently, 1 of of a criminal offense under the law of that State SEC. 1402. FINDINGS. every 16 voting-age African Americans are ren- that such individual has the right to vote in an Congress makes the following findings: dered unable to vote because of felony dis- election for Federal office pursuant to the De- (1) The right to vote is the most basic constitu- enfranchisement, which is a rate more than 3.7 mocracy Restoration Act of 2021 and may reg- tive act of citizenship. Regaining the right to times greater than non-African Americans. Over ister to vote in any such election and provide vote reintegrates individuals with criminal con- 6 percent of African-American adults are such individual with any materials that are nec- victions into free society, helping to enhance disenfranchised whereas only 1.7 percent of essary to register to vote in any such election. public safety. non-African Americans are. In 7 States (Ala- (2) DATE OF NOTIFICATION.— (2) Article I, section 4, of the Constitution bama, 16 percent; Florida, 15 percent; Kentucky, (A) FELONY CONVICTION.—In the case of such grants Congress ultimate supervisory power over 15 percent; Mississippi, 16 percent; Tennessee, 21 an individual who has been convicted of a fel- Federal elections, an authority which has re- percent; Virginia, 16 percent; and Wyoming, 36 ony, the notification required under paragraph peatedly been upheld by the Supreme Court. percent), more than 1 in 7 African Americans (1) shall be given on the date on which the indi- (3) Basic constitutional principles of fairness are unable to vote because of prior convictions, vidual— and equal protection require an equal oppor- twice the national average for African Ameri- (i) is sentenced to serve only a term of proba- tunity for citizens of the United States to vote in cans. tion; or Federal elections. The right to vote may not be (11) Latino citizens are disproportionately (ii) is released from the custody of that State abridged or denied by the United States or by disenfranchised based upon their dispropor- (other than to the custody of another State or any State on account of race, color, gender, or tionate representation in the criminal justice the Federal Government to serve a term of im- previous condition of servitude. The 13th, 14th, system. In recent years, Latinos have been im- prisonment for a felony conviction). 15th, 19th, 24th, and 26th Amendments to the prisoned at 2.5 times the rate of Whites. More (B) MISDEMEANOR CONVICTION.—In the case of Constitution empower Congress to enact meas- than 2 percent of the voting-age Latino popu- such an individual who has been convicted of a ures to protect the right to vote in Federal elec- lation, or 560,000 Latinos, are disenfranchised misdemeanor, the notification required under tions. The 8th Amendment to the Constitution due to a felony conviction. In 34 states Latinos paragraph (1) shall be given on the date on provides for no excessive bail to be required, nor are disenfranchised at a higher rate than the which such individual is sentenced by a State excessive fines imposed, nor cruel and unusual general population. In 11 states 4 percent or court. punishments inflicted. more of Latino adults are disenfranchised due (b) FEDERAL NOTIFICATION.— (4) There are 3 areas in which discrepancies in to a felony conviction (Alabama, 4 percent; Ari- (1) NOTIFICATION.—Any individual who has State laws regarding criminal convictions lead zona, 7 percent; Arkansas, 4 percent; Idaho, 4 been convicted of a criminal offense under Fed- to unfairness in Federal elections: percent; Iowa, 4 percent; Kentucky, 6 percent; eral law shall be notified in accordance with (A) The lack of a uniform standard for voting Minnesota, 4 percent; Mississippi, 5 percent; Ne- paragraph (2) that such individual has the right in Federal elections leads to an unfair disparity braska, 6 percent; Tennessee, 11 percent, Wyo- to vote in an election for Federal office pursu- and unequal participation in Federal elections ming, 4 percent), twice the national average for ant to the Democracy Restoration Act of 2021 based solely on where a person lives. Latinos. and may register to vote in any such election (B) Laws governing the restoration of voting (12) Disenfranchising citizens who have been and provide such individual with any materials rights after a criminal conviction vary through- convicted of a criminal offense and who are liv- that are necessary to register to vote in any out the country, and persons in some States can ing and working in the community serves no such election. easily regain their voting rights while in other compelling State interest and hinders their reha- (2) DATE OF NOTIFICATION.— States persons effectively lose their right to vote bilitation and reintegration into society. (A) FELONY CONVICTION.—In the case of such permanently. (13) State disenfranchisement laws can sup- an individual who has been convicted of a fel- (C) State disenfranchisement laws dispropor- press electoral participation among eligible vot- ony, the notification required under paragraph tionately impact racial and ethnic minorities. ers by discouraging voting among family and (1) shall be given— (5) Two States (Maine and Vermont), the Dis- community members of disenfranchised persons. (i) in the case of an individual who is sen- trict of Columbia, and the Commonwealth of Future electoral participation by the children of tenced to serve only a term of probation, by the Puerto Rico do not disenfranchise individuals disenfranchised parents may be impacted as Assistant Director for the Office of Probation with criminal convictions at all, but 48 States well. and Pretrial Services of the Administrative Of- have laws that deny convicted individuals the (14) The United States is the only Western de- fice of the United States Courts on the date on right to vote while they are in prison. mocracy that permits the permanent denial of which the individual is sentenced; or

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(ii) in the case of any individual committed to SEC. 1502. PAPER BALLOT AND MANUAL COUNT- ‘‘(ii) RULE FOR CONSIDERATION OF BALLOTS AS- the custody of the Bureau of Prisons, by the Di- ING REQUIREMENTS. SOCIATED WITH EACH VOTING MACHINE.—For pur- rector of the Bureau of Prisons, during the pe- (a) IN GENERAL.—Section 301(a)(2) of the Help poses of clause (i), only the paper ballots riod beginning on the date that is 6 months be- America Vote Act of 2002 (52 U.S.C. 21081(a)(2)) deemed compromised, if any, shall be considered fore such individual is released and ending on is amended to read as follows: in the calculation of whether or not the result of the date such individual is released from the ‘‘(2) PAPER BALLOT REQUIREMENT.— the election could be changed due to the com- custody of the Bureau of Prisons. ‘‘(A) VOTER-VERIFIED PAPER BALLOTS.— promised paper ballots.’’. (B) MISDEMEANOR CONVICTION.—In the case of ‘‘(i) PAPER BALLOT REQUIREMENT.—(I) The (b) CONFORMING AMENDMENT CLARIFYING AP- such an individual who has been convicted of a voting system shall require the use of an indi- PLICABILITY OF ALTERNATIVE LANGUAGE ACCES- misdemeanor, the notification required under vidual, durable, voter-verified paper ballot of SIBILITY.—Section 301(a)(4) of such Act (52 paragraph (1) shall be given on the date on the voter’s vote that shall be marked and made U.S.C. 21081(a)(4)) is amended by inserting ‘‘(in- which such individual is sentenced by a court available for inspection and verification by the cluding the paper ballots required to be used established by an Act of Congress. voter before the voter’s vote is cast and counted, under paragraph (2))’’ after ‘‘voting system’’. and which shall be counted by hand or read by (c) OTHER CONFORMING AMENDMENTS.—Sec- SEC. 1406. DEFINITIONS. an optical character recognition device or other tion 301(a)(1) of such Act (52 U.S.C. 21081(a)(1)) For purposes of this subtitle: counting device. For purposes of this subclause, is amended— (1) CORRECTIONAL INSTITUTION OR FACILITY.— the term ‘individual, durable, voter-verified (1) in subparagraph (A)(i), by striking The term ‘‘correctional institution or facility’’ paper ballot’ means a paper ballot marked by ‘‘counted’’ and inserting ‘‘counted, in accord- means any prison, penitentiary, jail, or other in- the voter by hand or a paper ballot marked ance with paragraphs (2) and (3)’’; stitution or facility for the confinement of indi- through the use of a nontabulating ballot mark- (2) in subparagraph (A)(ii), by striking viduals convicted of criminal offenses, whether ing device or system, so long as the voter shall ‘‘counted’’ and inserting ‘‘counted, in accord- publicly or privately operated, except that such have the option to mark his or her ballot by ance with paragraphs (2) and (3)’’; term does not include any residential community hand. (3) in subparagraph (A)(iii), by striking treatment center (or similar public or private fa- ‘‘(II) The voting system shall provide the voter ‘‘counted’’ each place it appears and inserting cility). with an opportunity to correct any error on the ‘‘counted, in accordance with paragraphs (2) (2) ELECTION.—The term ‘‘election’’ means— paper ballot before the permanent voter-verified and (3)’’; and (A) a general, special, primary, or runoff elec- (4) in subparagraph (B)(ii), by striking paper ballot is preserved in accordance with tion; ‘‘counted’’ and inserting ‘‘counted, in accord- clause (ii). (B) a convention or caucus of a political party ance with paragraphs (2) and (3)’’. ‘‘(III) The voting system shall not preserve the held to nominate a candidate; voter-verified paper ballots in any manner that SEC. 1503. ACCESSIBILITY AND BALLOT (C) a primary election held for the selection of VERIFICATION FOR INDIVIDUALS makes it possible, at any time after the ballot delegates to a national nominating convention WITH DISABILITIES. has been cast, to associate a voter with the of a political party; or (a) IN GENERAL.—Section 301(a)(3)(B) of the record of the voter’s vote without the voter’s (D) a primary election held for the expression Help America Vote Act of 2002 (52 U.S.C. consent. of a preference for the nomination of persons for 21081(a)(3)(B)) is amended to read as follows: ‘‘(ii) PRESERVATION AS OFFICIAL RECORD.—The election to the office of President. ‘‘(B)(i) ensure that individuals with disabil- individual, durable, voter-verified paper ballot (3) FEDERAL OFFICE.—The term ‘‘Federal of- ities and others are given an equivalent oppor- used in accordance with clause (i) shall con- fice’’ means the office of President or Vice Presi- tunity to vote, including with privacy and inde- stitute the official ballot and shall be preserved dent of the United States, or of Senator or Rep- pendence, in a manner that produces a voter- and used as the official ballot for purposes of resentative in, or Delegate or Resident Commis- verified paper ballot as for other voters; any recount or audit conducted with respect to sioner to, the Congress of the United States. ‘‘(ii) satisfy the requirement of subparagraph any election for Federal office in which the vot- (A) through the use of at least one voting system (4) PROBATION.—The term ‘‘probation’’ means ing system is used. equipped for individuals with disabilities, in- probation, imposed by a Federal, State, or local ‘‘(iii) MANUAL COUNTING REQUIREMENTS FOR cluding nonvisual and enhanced visual accessi- court, with or without a condition on the indi- RECOUNTS AND AUDITS.—(I) Each paper ballot bility for the blind and visually impaired, and vidual involved concerning— used pursuant to clause (i) shall be suitable for nonmanual and enhanced manual accessibility (A) the individual’s freedom of movement; a manual audit, and shall be counted by hand for the mobility and dexterity impaired, at each (B) the payment of damages by the individual; in any recount or audit conducted with respect polling place; and (C) periodic reporting by the individual to an to any election for Federal office. ‘‘(iii) meet the requirements of subparagraph officer of the court; or ‘‘(II) In the event of any inconsistencies or (A) and paragraph (2)(A) by using a system (D) supervision of the individual by an officer irregularities between any electronic vote tallies that— of the court. and the vote tallies determined by counting by ‘‘(I) allows the voter to privately and inde- SEC. 1407. RELATION TO OTHER LAWS. hand the individual, durable, voter-verified pendently verify the permanent paper ballot (a) STATE LAWS RELATING TO VOTING paper ballots used pursuant to clause (i), and through the presentation, in accessible form, of RIGHTS.—Nothing in this subtitle be construed subject to subparagraph (B), the individual, du- the printed or marked vote selections from the to prohibit the States from enacting any State rable, voter-verified paper ballots shall be the same printed or marked information that would law which affords the right to vote in any elec- true and correct record of the votes cast. be used for any vote counting or auditing; and tion for Federal office on terms less restrictive ‘‘(iv) APPLICATION TO ALL BALLOTS.—The re- ‘‘(II) allows the voter to privately and inde- than those established by this subtitle. quirements of this subparagraph shall apply to pendently verify and cast the permanent paper (b) CERTAIN FEDERAL ACTS.—The rights and all ballots cast in elections for Federal office, in- ballot without requiring the voter to manually remedies established by this subtitle are in addi- cluding ballots cast by absent uniformed services handle the paper ballot;’’. tion to all other rights and remedies provided by voters and overseas voters under the Uniformed (b) SPECIFIC REQUIREMENT OF STUDY, TEST- ING, AND DEVELOPMENT OF ACCESSIBLE VOTING law, and neither rights and remedies established and Overseas Citizens Absentee Voting Act and OPTIONS.— by this Act shall supersede, restrict, or limit the other absentee voters. (1) STUDY AND REPORTING.—Subtitle C of title application of the Voting Rights Act of 1965 (52 ‘‘(B) SPECIAL RULE FOR TREATMENT OF DIS- II of such Act (52 U.S.C. 21081 et seq.) is amend- U.S.C. 10301 et seq.) or the National Voter Reg- PUTES WHEN PAPER BALLOTS HAVE BEEN SHOWN istration Act of 1993 (52 U.S.C. 20501 et seq.). ed— TO BE COMPROMISED.— (A) by redesignating section 247 as section 248; SEC. 1408. FEDERAL PRISON FUNDS. ‘‘(i) IN GENERAL.—In the event that— and No State, unit of local government, or other ‘‘(I) there is any inconsistency between any (B) by inserting after section 246 the following person may receive or use, to construct or other- electronic vote tallies and the vote tallies deter- new section: wise improve a prison, jail, or other place of in- mined by counting by hand the individual, du- ‘‘SEC. 247. STUDY AND REPORT ON ACCESSIBLE carceration, any Federal funds unless that per- rable, voter-verified paper ballots used pursuant VOTING OPTIONS. son has in effect a program under which each to subparagraph (A)(i) with respect to any elec- ‘‘(a) GRANTS TO STUDY AND REPORT.—The individual incarcerated in that person’s juris- tion for Federal office; and Commission, in coordination with the Access diction who is a citizen of the United States is ‘‘(II) it is demonstrated by clear and con- Board and the Cybersecurity and Infrastructure notified, upon release from such incarceration, vincing evidence (as determined in accordance Security Agency, shall make grants to not fewer of that individual’s rights under section 1403. with the applicable standards in the jurisdiction than three eligible entities to study, test, and SEC. 1409. EFFECTIVE DATE. involved) in any recount, audit, or contest of develop accessible and secure remote voting sys- This subtitle shall apply to citizens of the the result of the election that the paper ballots tems and voting, verification, and casting de- United States voting in any election for Federal have been compromised (by damage or mischief vices to enhance the accessibility of voting and office held after the date of the enactment of or otherwise) and that a sufficient number of verification for individuals with disabilities. this Act. the ballots have been so compromised that the ‘‘(b) ELIGIBILITY.—An entity is eligible to re- result of the election could be changed, ceive a grant under this part if it submits to the Subtitle F—Promoting Accuracy, Integrity, the determination of the appropriate remedy Commission (at such time and in such form as and Security Through Voter-Verified Per- with respect to the election shall be made in ac- the Commission may require) an application manent Paper Ballot cordance with applicable State law, except that containing— SEC. 1501. SHORT TITLE. the electronic tally shall not be used as the ex- ‘‘(1) a certification that the entity shall com- This subtitle may be cited as the ‘‘Voter Con- clusive basis for determining the official cer- plete the activities carried out with the grant fidence and Increased Accessibility Act of 2021’’. tified result. not later than January 1, 2024; and

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‘‘(2) such other information and certifications SEC. 1506. PAPER BALLOT PRINTING REQUIRE- ‘‘(II) TREATMENT OF BALLOT.—Any paper bal- as the Commission may require. MENTS. lot which is cast by an individual under this ‘‘(c) AVAILABILITY OF TECHNOLOGY.—Any Section 301(a) of the Help America Vote Act of clause shall be counted and otherwise treated as technology developed with the grants made 2002 (52 U.S.C. 21081(a)), as amended by section a regular ballot for all purposes (including by under this section shall be treated as non-pro- 1504, is further amended by adding at the end incorporating it into the final unofficial vote prietary and shall be made available to the pub- the following new paragraph: count (as defined by the State) for the precinct) lic, including to manufacturers of voting sys- ‘‘(8) PRINTING REQUIREMENTS FOR BALLOTS.— and not as a provisional ballot, unless the indi- tems. All paper ballots used in an election for Federal vidual casting the ballot would have otherwise ‘‘(d) COORDINATION WITH GRANTS FOR TECH- office shall be printed in the United States on been required to cast a provisional ballot. NOLOGY IMPROVEMENTS.—The Commission shall paper manufactured in the United States.’’. ‘‘(III) POSTING OF NOTICE.—The appropriate carry out this section so that the activities car- SEC. 1507. EFFECTIVE DATE FOR NEW REQUIRE- election official shall ensure there is promi- ried out with the grants made under subsection MENTS. nently displayed at each polling place a notice (a) are coordinated with the research conducted Section 301(d) of the Help America Vote Act of that describes the obligation of the official to under the grant program carried out by the 2002 (52 U.S.C. 21081(d)) is amended to read as offer individuals the opportunity to cast votes Commission under section 271, to the extent that follows: using a pre-printed blank paper ballot. the Commission determines determine necessary ‘‘(d) EFFECTIVE DATE.— ‘‘(IV) TRAINING OF ELECTION OFFICIALS.—The to provide for the advancement of accessible vot- ‘‘(1) IN GENERAL.—Except as provided in para- chief State election official shall ensure that ing technology. graph (2), each State and jurisdiction shall be election officials at polling places in the State ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— required to comply with the requirements of this are aware of the requirements of this clause, in- There is authorized to be appropriated to carry section on and after January 1, 2006. cluding the requirement to display a notice out subsection (a) $10,000,000, to remain avail- ‘‘(2) SPECIAL RULE FOR CERTAIN REQUIRE- under subclause (III), and are aware that it is able until expended.’’. MENTS.— a violation of the requirements of this title for (2) CLERICAL AMENDMENT.—The table of con- ‘‘(A) IN GENERAL.—Except as provided in sub- an election official to fail to offer an individual tents of such Act is amended— paragraphs (B) and (C), the requirements of this the opportunity to cast a vote using a blank pre- (A) by redesignating the item relating to sec- section which are first imposed on a State and printed paper ballot. tion 247 as relating to section 248; and jurisdiction pursuant to the amendments made ‘‘(V) PERIOD OF APPLICABILITY.—The require- (B) by inserting after the item relating to sec- by the Voter Confidence and Increased Accessi- ments of this clause apply only during the pe- tion 246 the following new item: bility Act of 2021 shall apply with respect to vot- riod in which the delay is in effect under clause ‘‘Sec. 247. Study and report on accessible voting ing systems used for any election for Federal of- (i). options.’’. fice held in 2022 or any succeeding year. ‘‘(C) SPECIAL RULE FOR JURISDICTIONS USING (c) CLARIFICATION OF ACCESSIBILITY STAND- ‘‘(B) DELAY FOR JURISDICTIONS USING CERTAIN CERTAIN NONTABULATING BALLOT MARKING DE- ARDS UNDER VOLUNTARY VOTING SYSTEM GUID- PAPER RECORD PRINTERS OR CERTAIN SYSTEMS VICES.—In the case of a jurisdiction which uses ANCE.—In adopting any voluntary guidance USING OR PRODUCING VOTER-VERIFIABLE PAPER a nontabulating ballot marking device which under subtitle B of title III of the Help America RECORDS IN 2020.— automatically deposits the ballot into a privacy Vote Act with respect to the accessibility of the ‘‘(i) DELAY.—In the case of a jurisdiction de- sleeve, subparagraph (A) shall apply to a voting paper ballot verification requirements for indi- scribed in clause (ii), subparagraph (A) shall system in the jurisdiction as if the reference in viduals with disabilities, the Election Assistance apply to a voting system in the jurisdiction as if such subparagraph to ‘any election for Federal Commission shall include and apply the same the reference in such subparagraph to ‘2022’ office held in 2022 or any succeeding year’ were accessibility standards applicable under the vol- were a reference to ‘2024’, but only with respect a reference to ‘elections for Federal office occur- untary guidance adopted for accessible voting to the following requirements of this section: ring held in 2024 or each succeeding year’, but systems under such subtitle. ‘‘(I) Paragraph (2)(A)(i)(I) of subsection (a) only with respect to paragraph (3)(B)(iii)(II) of (d) PERMITTING USE OF FUNDS FOR PROTEC- (relating to the use of voter-verified paper bal- subsection (a) (relating to nonmanual casting of TION AND ADVOCACY SYSTEMS TO SUPPORT AC- lots). the durable paper ballot).’’. TIONS TO ENFORCE ELECTION-RELATED DIS- ‘‘(II) Paragraph (3)(B)(ii)(I) and (II) of sub- Subtitle G—Provisional Ballots ABILITY ACCESS.—Section 292(a) of the Help section (a) (relating to access to verification America Vote Act of 2002 (52 U.S.C. 21062(a)) is from and casting of the durable paper ballot). SEC. 1601. REQUIREMENTS FOR COUNTING PRO- amended by striking ‘‘; except that’’ and all ‘‘(III) Paragraph (7) of subsection (a) (relat- VISIONAL BALLOTS; ESTABLISH- ing to durability and readability requirements MENT OF UNIFORM AND NON- that follows and inserting a period. DISCRIMINATORY STANDARDS. for ballots). SEC. 1504. DURABILITY AND READABILITY RE- (a) IN GENERAL.—Section 302 of the Help ‘‘(ii) JURISDICTIONS DESCRIBED.—A jurisdic- QUIREMENTS FOR BALLOTS. America Vote Act of 2002 (52 U.S.C. 21082) is Section 301(a) of the Help America Vote Act of tion described in this clause is a jurisdiction— ‘‘(I) which used voter verifiable paper record amended— 2002 (52 U.S.C. 21081(a)) is amended by adding (1) by redesignating subsection (d) as sub- at the end the following new paragraph: printers attached to direct recording electronic voting machines, or which used other voting section (f); and ‘‘(7) DURABILITY AND READABILITY REQUIRE- (2) by inserting after subsection (c) the fol- systems that used or produced paper records of MENTS FOR BALLOTS.— lowing new subsections: URABILITY REQUIREMENTS FOR PAPER the vote verifiable by voters but that are not in ‘‘(A) D ‘‘(d) STATEWIDE COUNTING OF PROVISIONAL BALLOTS compliance with paragraphs (2)(A)(i)(I), .— BALLOTS.— ‘‘(i) IN GENERAL.—All voter-verified paper bal- (3)(B)(iii)(i) and (II), and (7) of subsection (a) ‘‘(1) IN GENERAL.—For purposes of subsection (as amended or added by the Voter Confidence lots required to be used under this Act shall be (a)(4), notwithstanding the precinct or polling and Increased Accessibility Act of 2021), for the marked or printed on durable paper. place at which a provisional ballot is cast with- ‘‘(ii) DEFINITION.—For purposes of this Act, administration of the regularly scheduled gen- in the State, the appropriate election official of paper is ‘durable’ if it is capable of with- eral election for Federal office held in November the jurisdiction in which the individual is reg- standing multiple counts and recounts by hand 2020; and istered shall count each vote on such ballot for without compromising the fundamental integrity ‘‘(II) which will continue to use such printers each election in which the individual who cast of the ballots, and capable of retaining the in- or systems for the administration of elections for such ballot is eligible to vote. formation marked or printed on them for the full Federal office held in years before 2024. ‘‘(2) EFFECTIVE DATE.—This subsection shall ‘‘(iii) MANDATORY AVAILABILITY OF PAPER duration of a retention and preservation period apply with respect to elections held on or after BALLOTS AT POLLING PLACES USING GRAND- of 22 months. January 1, 2022. ‘‘(B) READABILITY REQUIREMENTS FOR PAPER FATHERED PRINTERS AND SYSTEMS.— ‘‘(e) UNIFORM AND NONDISCRIMINATORY BALLOTS MARKED BY BALLOT MARKING DEVICE.— ‘‘(I) REQUIRING BALLOTS TO BE OFFERED AND STANDARDS.— All voter-verified paper ballots completed by the PROVIDED.—The appropriate election official at ‘‘(1) IN GENERAL.—Consistent with the re- each polling place that uses a printer or system voter through the use of a ballot marking device quirements of this section, each State shall es- described in clause (ii)(I) for the administration shall be clearly readable by the voter without tablish uniform and nondiscriminatory stand- of elections for Federal office shall offer each assistance (other than eyeglasses or other per- ards for the issuance, handling, and counting of individual who is eligible to cast a vote in the sonal vision enhancing devices) and by an opti- provisional ballots. cal character recognition device or other device election at the polling place the opportunity to ‘‘(2) EFFECTIVE DATE.—This subsection shall cast the vote using a blank pre-printed paper equipped for individuals with disabilities.’’. apply with respect to elections held on or after ballot which the individual may mark by hand SEC. 1505. STUDY AND REPORT ON OPTIMAL BAL- January 1, 2022.’’. LOT DESIGN. and which is not produced by the direct record- (b) CONFORMING AMENDMENT.—Section 302(f) ing electronic voting machine or other such sys- (a) STUDY.—The Election Assistance Commis- of such Act (52 U.S.C. 21082(f)), as redesignated tem. The official shall provide the individual sion shall conduct a study of the best ways to by subsection (a), is amended by striking ‘‘Each with the ballot and the supplies necessary to design ballots used in elections for public office, State’’ and inserting ‘‘Except as provided in mark the ballot, and shall ensure (to the great- including paper ballots and electronic or digital subsections (d)(2) and (e)(2), each State’’. ballots, to minimize confusion and user errors. est extent practicable) that the waiting period (b) REPORT.—Not later than January 1, 2022, for the individual to cast a vote is the lesser of Subtitle H—Early Voting the Election Assistance Commission shall submit 30 minutes or the average waiting period for an SEC. 1611. EARLY VOTING. to Congress a report on the study conducted individual who does not agree to cast the vote (a) REQUIREMENTS.—Subtitle A of title III of under subsection (a). using such a paper ballot under this clause. the Help America Vote Act of 2002 (52 U.S.C.

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EARLY VOTING. and section 1101(d), is amended— such election official, prior to making a final de- ‘‘(a) REQUIRING VOTING PRIOR TO DATE OF (1) by redesignating the items relating to sec- termination as to the validity of such ballot, ELECTION.— tions 306 and 307 as relating to sections 307 and shall— ‘‘(1) IN GENERAL.—Each State shall allow in- 308; and ‘‘(i) make a good faith effort to immediately dividuals to vote in an election for Federal of- (2) by inserting after the item relating to sec- notify the individual by mail, telephone, and (if fice during an early voting period which occurs tion 305 the following new item: available) text message and electronic mail prior to the date of the election, in the same ‘‘Sec. 306. Early voting.’’. that— ‘‘(I) a discrepancy exists between the signa- manner as voting is allowed on such date. Subtitle I—Voting by Mail ‘‘(2) LENGTH OF PERIOD.—The early voting pe- ture on such ballot and the signature of the in- riod required under this subsection with respect SEC. 1621. VOTING BY MAIL. dividual on the official list of registered voters to an election shall consist of a period of con- (a) REQUIREMENTS.—Subtitle A of title III of in the State or other official record or document secutive days (including weekends) which be- the Help America Vote Act of 2002 (52 U.S.C. used by the State to verify the signatures of vot- gins on the 15th day before the date of the elec- 21081 et seq.), as amended by section 1031(a), ers, and tion (or, at the option of the State, on a day section 1101(a), and section 1611(a), is amend- ‘‘(II) if such discrepancy is not cured prior to prior to the 15th day before the date of the elec- ed— the expiration of the 10-day period which begins tion) and ends on the date of the election. (1) by redesignating sections 307 and 308 as on the date the official notifies the individual of ‘‘(b) MINIMUM EARLY VOTING REQUIRE- sections 308 and 309; and the discrepancy, such ballot will not be counted; MENTS.—Each polling place which allows voting (2) by inserting after section 306 the following and during an early voting period under subsection new section: ‘‘(ii) cure such discrepancy and count the bal- (a) shall— ‘‘SEC. 307. PROMOTING ABILITY OF VOTERS TO lot if, prior to the expiration of the 10-day pe- ‘‘(1) allow such voting for no less than 10 VOTE BY MAIL. riod described in clause (i)(II), the individual hours on each day; ‘‘(a) UNIFORM AVAILABILITY OF ABSENTEE provides the official with information to cure ‘‘(2) have uniform hours each day for which VOTING TO ALL VOTERS.— such discrepancy, either in person, by tele- such voting occurs; and ‘‘(1) IN GENERAL.—If an individual in a State phone, or by electronic methods. ‘‘(3) allow such voting to be held for some pe- is eligible to cast a vote in an election for Fed- ‘‘(B) NOTICE AND OPPORTUNITY TO CURE MISS- riod of time prior to 9:00 a.m (local time) and eral office, the State may not impose any addi- ING SIGNATURE OR OTHER DEFECT.—If an indi- some period of time after 5:00 p.m. (local time). tional conditions or requirements on the eligi- vidual submits an absentee ballot without a sig- ‘‘(c) LOCATION OF POLLING PLACES.— bility of the individual to cast the vote in such nature or submits an absentee ballot with an- ‘‘(1) PROXIMITY TO PUBLIC TRANSPORTATION.— election by absentee ballot by mail. other defect which, if left uncured, would cause To the greatest extent practicable, a State shall ‘‘(2) ADMINISTRATION OF VOTING BY MAIL.— the ballot to not be counted, the appropriate ensure that each polling place which allows vot- ‘‘(A) PROHIBITING IDENTIFICATION REQUIRE- State or local election official, prior to making a ing during an early voting period under sub- MENT AS CONDITION OF OBTAINING BALLOT.—A final determination as to the validity of the bal- section (a) is located within walking distance of State may not require an individual to provide lot, shall— a stop on a public transportation route. any form of identification as a condition of ob- ‘‘(i) make a good faith effort to immediately ‘‘(2) AVAILABILITY IN RURAL AREAS.—The taining an absentee ballot, except that nothing notify the individual by mail, telephone, and (if State shall ensure that polling places which in this paragraph may be construed to prevent available) text message and electronic mail allow voting during an early voting period a State from requiring a signature of the indi- that— under subsection (a) will be located in rural vidual or similar affirmation as a condition of ‘‘(I) the ballot did not include a signature or areas of the State, and shall ensure that such obtaining an absentee ballot. has some other defect, and polling places are located in communities which ‘‘(B) PROHIBITING REQUIREMENT TO PROVIDE ‘‘(II) if the individual does not provide the will provide the greatest opportunity for resi- NOTARIZATION OR WITNESS SIGNATURE AS CONDI- missing signature or cure the other defect prior dents of rural areas to vote during the early vot- TION OF OBTAINING OR CASTING BALLOT.—A to the expiration of the 10-day period which be- ing period. State may not require notarization or witness gins on the date the official notifies the indi- ‘‘(d) STANDARDS.— signature or other formal authentication (other vidual that the ballot did not include a signa- ‘‘(1) IN GENERAL.—The Commission shall issue than voter attestation) as a condition of obtain- ture or has some other defect, such ballot will standards for the administration of voting prior ing or casting an absentee ballot. not be counted; and to the day scheduled for a Federal election. ‘‘(C) DEADLINE FOR RETURNING BALLOT.—A ‘‘(ii) count the ballot if, prior to the expiration Such standards shall include the nondiscrim- State may impose a reasonable deadline for re- of the 10-day period described in clause (i)(II), inatory geographic placement of polling places questing the absentee ballot and related voting the individual provides the official with the at which such voting occurs. materials from the appropriate State or local missing signature on a form proscribed by the ‘‘(2) DEVIATION.—The standards described in election official and for returning the ballot to State or cures the other defect. paragraph (1) shall permit States, upon pro- the appropriate State or local election official. This subparagraph does not apply with respect viding adequate public notice, to deviate from ‘‘(3) NO EFFECT ON IDENTIFICATION REQUIRE- to a defect consisting of the failure of a ballot any requirement in the case of unforeseen cir- MENTS FOR FIRST-TIME VOTERS REGISTERING BY to meet the applicable deadline for the accept- cumstances such as a natural disaster, terrorist MAIL.—Nothing in this subsection may be con- ance of the ballot, as described in subsection (e). attack, or a change in voter turnout. strued to exempt any individual described in ‘‘(C) OTHER REQUIREMENTS.—An election offi- ‘‘(e) BALLOT PROCESSING AND SCANNING RE- paragraph (1) of section 303(b) from meeting the cial may not make a determination that a dis- QUIREMENTS.— requirements of paragraph (2) of such section. crepancy exists between the signature on an ab- ‘‘(1) IN GENERAL.—The State shall begin proc- ‘‘(b) DUE PROCESS REQUIREMENTS FOR STATES sentee ballot and the signature of the individual essing and scanning ballots cast during in-per- REQUIRING SIGNATURE VERIFICATION.— who submits the ballot on the official list of reg- son early voting for tabulation at least 14 days ‘‘(1) REQUIREMENT.— istered voters in the State or other official record prior to the date of the election involved. ‘‘(A) IN GENERAL.—A State may not impose a or other document used by the State to verify ‘‘(2) LIMITATION.—Nothing in this subsection signature verification requirement as a condi- the signatures of voters unless— shall be construed to permit a State to tabulate tion of accepting and counting an absentee bal- ‘‘(i) at least 2 election officials make the deter- ballots in an election before the closing of the lot submitted by any individual with respect to mination; polls on the date of the election. an election for Federal office unless the State ‘‘(ii) each official who makes the determina- ‘‘(f) EFFECTIVE DATE.—This section shall meets the due process requirements described in tion has received training in procedures used to apply with respect to the regularly scheduled paragraph (2). verify signatures; and general election for Federal office held in No- ‘‘(B) SIGNATURE VERIFICATION REQUIREMENT ‘‘(iii) of the officials who make the determina- vember 2022 and each succeeding election for DESCRIBED.—In this subsection, a ‘signature tion, at least one is affiliated with the political Federal office.’’. verification requirement’ is a requirement that party whose candidate received the most votes (b) CONFORMING AMENDMENT RELATING TO an election official verify the identification of in the most recent statewide election for Federal ISSUANCE OF VOLUNTARY GUIDANCE BY ELEC- an individual by comparing the individual’s sig- office held in the State and at least one is affili- TION ASSISTANCE COMMISSION.—Section 321(b) of nature on the absentee ballot with the individ- ated with the political party whose candidate such Act (52 U.S.C. 21101(b)), as redesignated ual’s signature on the official list of registered received the second most votes in the most recent and amended by section 1101(b), is amended— voters in the State or another official record or statewide election for Federal office held in the (1) by striking ‘‘and’’ at the end of paragraph other document used by the State to verify the State. (3); signatures of voters. ‘‘(3) REPORT.— (2) by striking the period at the end of para- ‘‘(2) DUE PROCESS REQUIREMENTS.— ‘‘(A) IN GENERAL.—Not later than 120 days graph (4) and inserting ‘‘; and’’; and ‘‘(A) NOTICE AND OPPORTUNITY TO CURE DIS- after the end of a Federal election cycle, each (3) by adding at the end the following new CREPANCY IN SIGNATURES.—If an individual sub- chief State election official shall submit to Con- paragraph: mits an absentee ballot and the appropriate gress and the Commission a report containing

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H907 the following information for the applicable ‘‘(i) to print the application so that the indi- lot does not receive any form of compensation Federal election cycle in the State: vidual may complete the application and return based on the number of ballots that the person ‘‘(i) The number of ballots invalidated due to it to the official; or has returned and no individual, group, or orga- a discrepancy under this subsection. ‘‘(ii) request that a paper copy of the applica- nization provides compensation on this basis; ‘‘(ii) Description of attempts to contact voters tion be transmitted to the individual by mail or and to provide notice as required by this subsection. electronic mail so that the individual may com- ‘‘(B) may not put any limit on how many ‘‘(iii) Description of the cure process devel- plete the application and return it to the offi- voted and sealed absentee ballots any des- oped by such State pursuant to this subsection, cial. ignated person can return to the post office, a including the number of ballots determined valid ‘‘(C) ENSURING DELIVERY PRIOR TO ELEC- ballot drop off location, tribally designated as a result of such process. TION.—If an individual who is eligible to vote in building, or election office. EDERAL ELECTION CYCLE DEFINED ‘‘(B) F .—For an election for Federal office submits an appli- ‘‘(g) BALLOT PROCESSING AND SCANNING RE- purposes of this subsection, the term ‘Federal cation for an absentee ballot in the election, the QUIREMENTS.— election cycle’ means the period beginning on appropriate State or local election official shall ‘‘(1) IN GENERAL.—The State shall begin proc- January 1 of any odd numbered year and end- ensure that the ballot and relating voting mate- essing and scanning ballots cast by mail for tab- ing on December 31 of the following year. rials are received by the individual prior to the ulation at least 14 days prior to the date of the ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this date of the election so long as the individual’s election involved. subsection shall be construed— application is received by the official not later ‘‘(2) LIMITATION.—Nothing in this subsection ‘‘(A) to prohibit a State from rejecting a ballot than 5 days (excluding Saturdays, Sundays, shall be construed to permit a State to tabulate attempted to be cast in an election for Federal and legal public holidays) before the date of the ballots in an election before the closing of the office by an individual who is not eligible to election, except that nothing in this paragraph polls on the date of the election. vote in the election; or ‘‘(B) to prohibit a State from providing an in- shall preclude a State or local jurisdiction from ‘‘(h) RULE OF CONSTRUCTION.—Nothing in this dividual with more time and more methods for allowing for the acceptance and processing of section shall be construed to affect the authority curing a discrepancy in the individual’s signa- absentee ballot applications submitted or re- of States to conduct elections for Federal office ture, providing a missing signature, or curing ceived after such required period. through the use of polling places at which indi- ‘‘(D) APPLICATION FOR ALL FUTURE ELEC- any other defect than the State is required to viduals cast ballots. TIONS.—At the option of an individual, a State provide under this subsection. ‘‘(i) NO EFFECT ON BALLOTS SUBMITTED BY ‘‘(c) TRANSMISSION OF APPLICATIONS, BAL- shall treat the individual’s application to vote ABSENT MILITARY AND OVERSEAS VOTERS.— LOTS, AND BALLOTING MATERIALS TO VOTERS.— by absentee ballot by mail in an election for Nothing in this section may be construed to af- ‘‘(1) AUTOMATIC TRANSMISSION OF ABSENTEE Federal office as an application for an absentee fect the treatment of any ballot submitted by an BALLOT APPLICATIONS BY MAIL.— ballot by mail in all subsequent Federal elec- individual who is entitled to vote by absentee ‘‘(A) TRANSMISSION OF APPLICATIONS.—Not tions held in the State. ballot under the Uniformed and Overseas Citi- later than 60 days before the date of an election ‘‘(d) ACCESSIBILITY FOR INDIVIDUALS WITH zens Absentee Voting Act (52 U.S.C. 20301 et for Federal office, the appropriate State or local DISABILITIES.—The State shall ensure that all seq.). election official shall transmit by mail an appli- absentee ballot applications, absentee ballots, ‘‘(j) EFFECTIVE DATE.—This section shall cation for an absentee ballot for the election to and related voting materials in elections for apply with respect to the regularly scheduled each individual who is registered to vote in the Federal office are accessible to individuals with general election for Federal office held in No- election, or, in the case of any State that does disabilities in a manner that provides the same vember 2022 and each succeeding election for not register voters, all individuals who are in opportunity for access and participation (in- Federal office.’’. the State’s central voter file (or if the State does cluding with privacy and independence) as for (b) CLERICAL AMENDMENT.—The table of con- not keep a central voter file, all individuals who other voters. tents of such Act, as amended by section 1031(c), are eligible to vote in such election). ‘‘(e) UNIFORM DEADLINE FOR ACCEPTANCE OF section 1101(d), and section 1611(c), is amend- ‘‘(B) EXCEPTION FOR INDIVIDUALS ALREADY MAILED BALLOTS.— ed— RECEIVING APPLICATIONS AUTOMATICALLY.—Sub- ‘‘(1) IN GENERAL.—A State may not refuse to (1) by redesignating the items relating to sec- paragraph (A) does not apply with respect to an accept or process a ballot submitted by an indi- tions 307 and 308 as relating to sections 308 and individual to whom the State is already required vidual by mail with respect to an election for 309; and to transmit an application for an absentee ballot Federal office in the State on the grounds that (2) by inserting after the item relating to sec- for the election because the individual exercised the individual did not meet a deadline for re- tion 306 the following new item: the option described in subparagraph (D) of turning the ballot to the appropriate State or ‘‘Sec. 307. Promoting ability of voters to vote by paragraph (2) to treat an application for an ab- local election official if— mail.’’. ‘‘(A) the ballot is postmarked or otherwise in- sentee ballot in a previous election for Federal (c) DEVELOPMENT OF ALTERNATIVE dicated by the United States Postal Service to office in the State as an application for an ab- VERIFICATION METHODS.— have been mailed on or before the date of the sentee ballot in all subsequent elections for Fed- (1) DEVELOPMENT OF STANDARDS.—The Na- eral office in the State. election, or has been signed by the voter on or tional Institute of Standards, in consultation ‘‘(C) EXCEPTION FOR STATES TRANSMITTING before the date of the election; and with the Election Assistance Commission, shall ‘‘(B) the ballot is received by the appropriate BALLOTS WITHOUT APPLICATION.—Subparagraph develop standards for the use of alternative election official prior to the expiration of the 10- (A) does not apply with respect to a State which methods which could be used in place of signa- day period which begins on the date of the elec- transmits a ballot in an election for Federal of- ture verification requirements for purposes of tion. fice in the State to a voter prior to the date of verifying the identification of an individual vot- ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this the election without regard to whether or not ing by absentee ballot in elections for Federal subsection shall be construed to prohibit a State the voter submitted an application for the ballot office. from having a law that allows for counting of to the State. (2) PUBLIC NOTICE AND COMMENT.—The Na- ballots in an election for Federal office that are ‘‘(D) RULE OF CONSTRUCTION.—Nothing in this tional Institute of Standards shall solicit com- received through the mail after the date that is paragraph may be construed to prohibit an indi- ments from the public in the development of 10 days after the date of the election. vidual from submitting to the appropriate State standards under paragraph (1). ‘‘(f) ALTERNATIVE METHODS OF RETURNING or local election official an application for an (3) DEADLINE.—Not later than one year after BALLOTS.— absentee ballot in an election for Federal office, the date of the enactment of this Act, the Na- including through the methods described in ‘‘(1) IN GENERAL.—In addition to permitting an individual to whom a ballot in an election tional Institute of Standards shall publish the paragraph (2). standards developed under paragraph (1). ‘‘(2) OTHER METHODS FOR APPLYING FOR AB- was provided under this section to return the SEC. 1622. ABSENTEE BALLOT TRACKING PRO- SENTEE BALLOT.— ballot to an election official by mail, the State GRAM. ‘‘(A) IN GENERAL.—In addition to such other shall permit the individual to cast the ballot by methods as the State may establish for an indi- delivering the ballot at such times and to such (a) REQUIREMENTS.—Subtitle A of title III of vidual to apply for an absentee ballot, the State locations as the State may establish, including— the Help America Vote Act of 2002 (52 U.S.C. shall permit an individual— ‘‘(A) permitting the individual to deliver the 21081 et seq.), as amended by section 1031(a), ‘‘(i) to submit an application for an absentee ballot to a polling place on any date on which section 1101(a), section 1611(a), and section ballot online; and voting in the election is held at the polling 1621(a), is amended— ‘‘(ii) to submit an application for an absentee place; and (1) by redesignating sections 308 and 309 as ballot through the use of an automated tele- ‘‘(B) permitting the individual to deliver the sections 309 and 310; and phone-based system, subject to the same terms ballot to a designated ballot drop-off location, a (2) by inserting after section 307 the following and conditions applicable under this paragraph tribally designated building, or the office of a new section: to the services made available online. State or local election official. ‘‘SEC. 308. ABSENTEE BALLOT TRACKING PRO- ‘‘(B) TREATMENT OF WEBSITES.—The State ‘‘(2) PERMITTING VOTERS TO DESIGNATE OTHER GRAM. shall be considered to meet the requirements of PERSON TO RETURN BALLOT.—The State— ‘‘(a) REQUIREMENT.—Each State shall carry subparagraph (A)(i) if the website of the appro- ‘‘(A) shall permit a voter to designate any per- out a program to track and confirm the receipt priate State or local election official allows an son to return a voted and sealed absentee ballot of absentee ballots in an election for Federal of- application for an absentee ballot to be com- to the post office, a ballot drop-off location, fice under which the State or local election offi- pleted and submitted online and if the website tribally designated building, or election office so cial responsible for the receipt of voted absentee permits the individual— long as the person designated to return the bal- ballots in the election carries out procedures to

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track and confirm the receipt of such ballots, ‘‘PART 7—PAYMENTS TO REIMBURSE STATES FOR ‘‘(b) In the case of any election mail carried and makes information on the receipt of such COSTS INCURRED IN ESTABLISHING PROGRAM by the Postal Service that consists of a ballot, ballots available to the individual who cast the TO TRACK AND CONFIRM RECEIPT OF ABSEN- the Postal Service shall indicate on the ballot ballot, by means of online access using the TEE BALLOTS envelope, using a postmark or otherwise— Internet site of the official’s office. ‘‘Sec. 297. Payments to States. ‘‘(1) the fact that the ballot was carried by the ‘‘(b) INFORMATION ON WHETHER VOTE WAS ‘‘Sec. 297A. Authorization of appropriations.’’; Postal Service; and ACCEPTED.—The information referred to under (2) by redesignating the items relating to sec- ‘‘(2) the date on which the ballot was mailed. subsection (a) with respect to the receipt of an tions 308 and 309 as relating to sections 309 and ‘‘(c) As used in this section— absentee ballot shall include information re- 310; and ‘‘(1) the term ‘absentee ballot’ means any bal- garding whether the vote cast on the ballot was (3) by inserting after the item relating to sec- lot transmitted by a voter by mail in an election accepted, and, in the case of a vote which was tion 307 the following new item: for Federal office, but does not include any bal- rejected, the reasons therefor. lot covered by section 3406; and ‘‘Sec. 308. Absentee ballot tracking program.’’. ‘‘(c) USE OF TOLL-FREE TELEPHONE NUMBER ‘‘(2) the term ‘election for Federal office’ BY OFFICIALS WITHOUT INTERNET SITE.—A pro- SEC. 1623. VOTING MATERIALS POSTAGE. means a general, special, primary, or runoff gram established by a State or local election of- (a) PREPAYMENT OF POSTAGE ON RETURN EN- election for the office of President or Vice Presi- ficial whose office does not have an Internet site VELOPES.— dent, or of Senator or Representative in, or Del- may meet the requirements of subsection (a) if (1) IN GENERAL.—Subtitle A of title III of the egate or Resident Commissioner to, the Con- the official has established a toll-free telephone Help America Vote Act of 2002 (52 U.S.C. 21081 gress. number that may be used by an individual who et seq.), as amended by section 1031(a), section ‘‘(d) Nothing in this section may be construed cast an absentee ballot to obtain the information 1101(a), section 1611(a), section 1621(a), and sec- to affect the treatment of any ballot or balloting on the receipt of the voted absentee ballot as tion 1622(a), is amended— materials transmitted to an individual who is provided under such subsection. (A) by redesignating sections 309 and 310 as entitled to vote by absentee ballot under the ‘‘(d) EFFECTIVE DATE.—This section shall sections 310 and 311; and Uniformed and Overseas Citizens Absentee Vot- apply with respect to the regularly scheduled (B) by inserting after section 308 the following ing Act (52 U.S.C. 20301 et seq.).’’. general election for Federal office held in No- new section: (2) MAIL-IN BALLOTS AND POSTAL SERVICE vember 2022 and each succeeding election for ‘‘SEC. 309. PREPAYMENT OF POSTAGE ON RETURN BARCODE SERVICE.— Federal office.’’. ENVELOPES FOR VOTING MATE- (A) IN GENERAL.—Section 3001 of title 39, (b) REIMBURSEMENT FOR COSTS INCURRED BY RIALS. United States Code, is amended by adding at the STATES IN ESTABLISHING PROGRAM.—Subtitle D ‘‘(a) PROVISION OF RETURN ENVELOPES.—The end the following: of title II of the Help America Vote Act of 2002 appropriate State or local election official shall ‘‘(p) Any ballot sent within the United States (42 U.S.C. 15401 et seq.) is amended by adding at provide a self-sealing return envelope with— for an election for Federal office is nonmailable the end the following new part: ‘‘(1) any voter registration application form and shall not be carried or delivered by mail un- ‘‘PART 7—PAYMENTS TO REIMBURSE transmitted to a registrant by mail; less the ballot is mailed in an envelope that— STATES FOR COSTS INCURRED IN ES- ‘‘(2) any application for an absentee ballot ‘‘(1) contains a Postal Service barcode (or suc- TABLISHING PROGRAM TO TRACK AND transmitted to an applicant by mail; and cessive service or marking) that enables tracking CONFIRM RECEIPT OF ABSENTEE BAL- ‘‘(3) any blank absentee ballot transmitted to of each individual ballot; LOTS a voter by mail. ‘‘(2) satisfies requirements for ballot envelope ‘‘(b) PREPAYMENT OF POSTAGE.—Consistent design that the Postal Service may promulgate ‘‘SEC. 297. PAYMENTS TO STATES. with regulations of the United States Postal ‘‘(a) PAYMENTS FOR COSTS OF PROGRAM.—In by regulation; Service, the State or the unit of local govern- accordance with this section, the Commission ‘‘(3) satisfies requirements for machineable let- ment responsible for the administration of the shall make a payment to a State to reimburse ters that the Postal Service may promulgate by election involved shall prepay the postage on the State for the costs incurred in establishing regulation; and any envelope provided under subsection (a). the absentee ballot tracking program under sec- ‘‘(4) includes the Official Election Mail Logo ‘‘(c) NO EFFECT ON BALLOTS OR BALLOTING tion 308 (including costs incurred prior to the (or any successor label that the Postal Service MATERIALS TRANSMITTED TO ABSENT MILITARY date of the enactment of this part). may establish for ballots).’’. AND OVERSEAS VOTERS.—Nothing in this section ‘‘(b) CERTIFICATION OF COMPLIANCE AND (B) APPLICATION.—The amendment made by may be construed to affect the treatment of any COSTS.— subsection (a) shall apply to any election for ballot or balloting materials transmitted to an ‘‘(1) CERTIFICATION REQUIRED.—In order to re- Federal office occurring after the date of enact- ceive a payment under this section, a State shall individual who is entitled to vote by absentee ment of this Act. submit to the Commission a statement con- ballot under the Uniformed and Overseas Citi- (3) CLERICAL AMENDMENT.—The table of sec- taining— zens Absentee Voting Act (52 U.S.C. 20301 et tions for chapter 34 of such title is amended by ‘‘(A) a certification that the State has estab- seq.). inserting after the item relating to section 3406 lished an absentee ballot tracking program with ‘‘(d) EFFECTIVE DATE.—This section shall take the following: respect to elections for Federal office held in the effect on the date that is 90 days after the date ‘‘3407. Voting materials.’’. State; and of the enactment of this section, except that— ‘‘(1) State and local jurisdictions shall make Subtitle J—Absent Uniformed Services Voters ‘‘(B) a statement of the costs incurred by the and Overseas Voters State in establishing the program. arrangements with the United States Postal ‘‘(2) AMOUNT OF PAYMENT.—The amount of a Service to pay for all postage costs that such ju- SEC. 1701. PRE-ELECTION REPORTS ON AVAIL- payment made to a State under this section risdictions would be required to pay under this ABILITY AND TRANSMISSION OF AB- SENTEE BALLOTS. shall be equal to the costs incurred by the State section if this section took effect on the date of Section 102(c) of the Uniformed and Overseas in establishing the absentee ballot tracking pro- enactment; and Citizens Absentee Voting Act (52 U.S.C. 20302(c)) gram, as set forth in the statement submitted ‘‘(2) States shall take all reasonable efforts to is amended to read as follows: under paragraph (1), except that such amount provide self-sealing return envelopes as provided ‘‘(c) REPORTS ON AVAILABILITY, TRANS- may not exceed the product of— in this section.’’. ‘‘(A) the number of jurisdictions in the State (2) CLERICAL AMENDMENT.—The table of con- MISSION, AND RECEIPT OF ABSENTEE BALLOTS.— which are responsible for operating the pro- tents of such Act, as amended by section 1031(c), ‘‘(1) PRE-ELECTION REPORT ON ABSENTEE BAL- gram; and section 1101(d), section 1611(c), and section LOT AVAILABILITY.—Not later than 55 days be- ‘‘(B) $3,000. 1621(b), is amended— fore any regularly scheduled general election for ‘‘(3) LIMIT ON NUMBER OF PAYMENTS RE- (A) by redesignating the items relating to sec- Federal office, each State shall submit a report CEIVED.—A State may not receive more than one tions 309 and 310 as relating to sections 310 and to the Attorney General, the Election Assistance payment under this part. 311; and Commission (hereafter in this subsection re- ‘‘SEC. 297A. AUTHORIZATION OF APPROPRIA- (B) by inserting after the item relating to sec- ferred to as the ‘Commission’), and the Presi- TIONS. tion 308 the following new item: dential Designee, and make that report publicly available that same day, certifying that absen- ‘‘(a) AUTHORIZATION.—There are authorized ‘‘Sec. 309. Prepayment of postage on return en- tee ballots for the election are or will be avail- to be appropriated to the Commission for fiscal velopes for voting materials.’’. able for transmission to absent uniformed serv- year 2022 and each succeeding fiscal year such (b) ROLE OF UNITED STATES POSTAL SERV- ices voters and overseas voters by not later than sums as may be necessary for payments under ICE.— 45 days before the election. The report shall be this part. (1) IN GENERAL.—Chapter 34 of title 39, United in a form prescribed jointly by the Attorney ‘‘(b) CONTINUING AVAILABILITY OF FUNDS.— States Code, is amended by adding after section General and the Commission and shall require Any amounts appropriated pursuant to the au- 3406 the following: thorization under this section shall remain the State to certify specific information about available until expended.’’. ‘‘§ 3407. Voting materials ballot availability from each unit of local gov- (c) CLERICAL AMENDMENTS.—The table of con- ‘‘(a) Any voter registration application, ab- ernment which will administer the election. tents of such Act, as amended by section 1031(c), sentee ballot application, or absentee ballot with ‘‘(2) PRE-ELECTION REPORT ON ABSENTEE BAL- section 1101(d), section 1611(c), and section respect to any election for Federal office shall be LOT TRANSMISSION.—Not later than 43 days be- 1621(b), is amended— carried in accordance with the service standards fore any regularly scheduled general election for (1) by adding at the end of the items relating established for first-class mail, regardless of the Federal office, each State shall submit a report to subtitle D of title II the following: class of postage prepaid. to the Attorney General, the Commission, and

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the Presidential Designee, and make that report 20302(a)(8)(A)) is amended by striking ‘‘except ‘‘(c) PROHIBITION OF REFUSAL OF APPLICATION publicly available that same day, certifying as provided in subsection (g),’’. ON GROUNDS OF EARLY SUBMISSION.—A State whether all absentee ballots have been trans- (b) REQUIRING USE OF EXPRESS DELIVERY IN may not refuse to accept or to process, with re- mitted by not later than 45 days before the elec- CASE OF FAILURE TO MEET REQUIREMENT.—Sec- spect to any election for Federal office, any oth- tion to all qualified absent uniformed services tion 102 of such Act (52 U.S.C. 20302), as amend- erwise valid voter registration application or ab- and overseas voters whose requests were re- ed by subsection (a), is amended by inserting sentee ballot application (including the postcard ceived at least 45 days before the election. The after subsection (f) the following new sub- form prescribed under section 101) submitted by report shall be in a form prescribed jointly by section: an absent uniformed services voter or overseas the Attorney General and the Commission, and ‘‘(g) REQUIRING USE OF EXPRESS DELIVERY IN voter on the grounds that the voter submitted shall require the State to certify specific infor- CASE OF FAILURE TO TRANSMIT BALLOTS WITHIN the application before the first date on which mation about ballot transmission, including the DEADLINES.— the State otherwise accepts or processes such total numbers of ballot requests received and ‘‘(1) TRANSMISSION OF BALLOT BY EXPRESS DE- applications for that election which are sub- ballots transmitted, from each unit of local gov- LIVERY.—If a State fails to meet the requirement mitted by absentee voters who are not members ernment which will administer the election. of subsection (a)(8)(A) to transmit a validly re- of the uniformed services or overseas citizens.’’. ‘‘(3) POST-ELECTION REPORT ON NUMBER OF quested absentee ballot to an absent uniformed (b) EFFECTIVE DATE.—The amendment made ABSENTEE BALLOTS TRANSMITTED AND RE- services voter or overseas voter not later than 45 by subsection (a) shall apply with respect to CEIVED.—Not later than 90 days after the date days before the election (in the case in which voter registration and absentee ballot applica- of each regularly scheduled general election for the request is received at least 45 days before the tions which are submitted to a State or local Federal office, each State and unit of local gov- election)— election official on or after the date of the en- ernment which administered the election shall ‘‘(A) the State shall transmit the ballot to the actment of this Act. (through the State, in the case of a unit of local voter by express delivery; or SEC. 1705. EXTENDING GUARANTEE OF RESI- government) submit a report to the Attorney ‘‘(B) in the case of a voter who has designated DENCY FOR VOTING PURPOSES TO General, the Commission, and the Presidential that absentee ballots be transmitted electroni- FAMILY MEMBERS OF ABSENT MILI- Designee on the combined number of absentee cally in accordance with subsection (f)(1), the TARY PERSONNEL. ballots transmitted to absent uniformed services State shall transmit the ballot to the voter elec- Section 102 of the Uniformed and Overseas voters and overseas voters for the election and tronically. Citizens Absentee Voting Act (52 U.S.C. 20302) is the combined number of such ballots which were ‘‘(2) SPECIAL RULE FOR TRANSMISSION FEWER amended by adding at the end the following returned by such voters and cast in the election, THAN 40 DAYS BEFORE THE ELECTION.—If, in car- new subsection: and shall make such report available to the gen- rying out paragraph (1), a State transmits an ‘‘(j) GUARANTEE OF RESIDENCY FOR SPOUSES eral public that same day.’’. absentee ballot to an absent uniformed services AND DEPENDENTS OF ABSENT MEMBERS OF UNI- voter or overseas voter fewer than 40 days before SEC. 1702. ENFORCEMENT. FORMED SERVICE.—For the purposes of voting the election, the State shall enable the ballot to (a) AVAILABILITY OF CIVIL PENALTIES AND for in any election for any Federal office or any be returned by the voter by express delivery, ex- PRIVATE RIGHTS OF ACTION.—Section 105 of the State or local office, a spouse or dependent of Uniformed and Overseas Citizens Absentee Vot- cept that in the case of an absentee ballot of an an individual who is an absent uniformed serv- ing Act (52 U.S.C. 20307) is amended to read as absent uniformed services voter for a regularly ices voter described in subparagraph (A) or (B) follows: scheduled general election for Federal office, the of section 107(1) shall not, solely by reason of State may satisfy the requirement of this para- ‘‘SEC. 105. ENFORCEMENT. that individual’s absence and without regard to graph by notifying the voter of the procedures ‘‘(a) ACTION BY ATTORNEY GENERAL.— whether or not such spouse or dependent is ac- for the collection and delivery of such ballots ‘‘(1) IN GENERAL.—The Attorney General may companying that individual— bring civil action in an appropriate district under section 103A. ‘‘(1) be deemed to have lost a residence or ‘‘(3) PAYMENT FOR USE OF EXPRESS DELIV- court for such declaratory or injunctive relief as domicile in that State, without regard to wheth- ERY.—The State shall be responsible for the pay- may be necessary to carry out this title. er or not that individual intends to return to ment of the costs associated with the use of ex- ‘‘(2) PENALTY.—In a civil action brought that State; under paragraph (1), if the court finds that the press delivery for the transmittal of ballots ‘‘(2) be deemed to have acquired a residence or State violated any provision of this title, it may, under this subsection.’’. domicile in any other State; or (c) CLARIFICATION OF TREATMENT OF WEEK- to vindicate the public interest, assess a civil ‘‘(3) be deemed to have become a resident in or ENDS.—Section 102(a)(8)(A) of such Act (52 penalty against the State— a resident of any other State.’’. ‘‘(A) in an amount not to exceed $110,000 for U.S.C. 20302(a)(8)(A)) is amended by striking SEC. 1706. REQUIRING TRANSMISSION OF BLANK each such violation, in the case of a first viola- ‘‘the election;’’ and inserting the following: ‘‘the ABSENTEE BALLOTS UNDER UOCAVA tion; or election (or, if the 45th day preceding the elec- TO CERTAIN VOTERS. ‘‘(B) in an amount not to exceed $220,000 for tion is a weekend or legal public holiday, not (a) IN GENERAL.—The Uniformed and Over- each such violation, for any subsequent viola- later than the most recent weekday which pre- seas Citizens Absentee Voting Act (52 U.S.C. tion. cedes such 45th day and which is not a legal 20301 et seq.) is amended by inserting after sec- ‘‘(3) REPORT TO CONGRESS.—Not later than public holiday, but only if the request is re- tion 103B the following new section: December 31 of each year, the Attorney General ceived by at least such most recent weekday);’’. ‘‘SEC. 103C. TRANSMISSION OF BLANK ABSENTEE shall submit to Congress an annual report on SEC. 1704. USE OF SINGLE ABSENTEE BALLOT AP- BALLOTS TO CERTAIN OTHER VOT- any civil action brought under paragraph (1) PLICATION FOR SUBSEQUENT ELEC- ERS. during the preceding year. TIONS. ‘‘(a) IN GENERAL.— ‘‘(b) PRIVATE RIGHT OF ACTION.—A person (a) IN GENERAL.—Section 104 of the Uniformed ‘‘(1) STATE RESPONSIBILITIES.—Subject to the who is aggrieved by a State’s violation of this and Overseas Citizens Absentee Voting Act (52 provisions of this section, each State shall trans- title may bring a civil action in an appropriate U.S.C. 20306) is amended to read as follows: mit blank absentee ballots electronically to district court for such declaratory or injunctive ‘‘SEC. 104. USE OF SINGLE APPLICATION FOR SUB- qualified individuals who request such ballots in relief as may be necessary to carry out this title. SEQUENT ELECTIONS. the same manner and under the same terms and ‘‘(c) STATE AS ONLY NECESSARY DEFENDANT.— ‘‘(a) IN GENERAL.—If a State accepts and conditions under which the State transmits such In any action brought under this section, the processes an official post card form (prescribed ballots electronically to absent uniformed serv- only necessary party defendant is the State, and under section 101) submitted by an absent uni- ices voters and overseas voters under the provi- it shall not be a defense to any such action that formed services voter or overseas voter for simul- sions of section 102(f), except that no such a local election official or a unit of local govern- taneous voter registration and absentee ballot marked ballots shall be returned electronically. ment is not named as a defendant, notwith- application (in accordance with section ‘‘(2) REQUIREMENTS.—Any blank absentee bal- standing that a State has exercised the author- 102(a)(4)) and the voter requests that the appli- lot transmitted to a qualified individual under ity described in section 576 of the Military and cation be considered an application for an ab- this section— Overseas Voter Empowerment Act to delegate to sentee ballot for each subsequent election for ‘‘(A) must comply with the language require- another jurisdiction in the State any duty or re- Federal office held in the State through the next ments under section 203 of the Voting Rights Act sponsibility which is the subject of an action regularly scheduled general election for Federal of 1965 (52 U.S.C. 10503); and brought under this section.’’. office (including any runoff elections which ‘‘(B) must comply with the disability require- (b) EFFECTIVE DATE.—The amendments made may occur as a result of the outcome of such ments under section 508 of the Rehabilitation by this section shall apply with respect to viola- general election), the State shall provide an ab- Act of 1973 (29 U.S.C. 794d). tions alleged to have occurred on or after the sentee ballot to the voter for each such subse- ‘‘(3) AFFIRMATION.—The State may not trans- date of the enactment of this Act. quent election. mit a ballot to a qualified individual under this SEC. 1703. REVISIONS TO 45-DAY ABSENTEE BAL- ‘‘(b) EXCEPTION FOR VOTERS CHANGING REG- section unless the individual provides the State LOT TRANSMISSION RULE. ISTRATION.—Subsection (a) shall not apply with with a signed affirmation in electronic form (a) REPEAL OF WAIVER AUTHORITY.— respect to a voter registered to vote in a State for that— (1) IN GENERAL.—Section 102 of the Uniformed any election held after the voter notifies the ‘‘(A) the individual is a qualified individual and Overseas Citizens Absentee Voting Act (52 State that the voter no longer wishes to be reg- (as defined in subsection (b)); U.S.C. 20302) is amended by striking subsection istered to vote in the State or after the State de- ‘‘(B) the individual has not and will not cast (g). termines that the voter has registered to vote in another ballot with respect to the election; and (2) CONFORMING AMENDMENT.—Section another State or is otherwise no longer eligible ‘‘(C) acknowledges that a material 102(a)(8)(A) of such Act (52 U.S.C. to vote in the State. misstatement of fact in completing the ballot

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may constitute grounds for conviction of per- (c) CLERICAL AMENDMENTS.—The table of con- (A) the voting age population of the State (as jury. tents of such Act is amended by inserting the determined on the basis of the most recent infor- ‘‘(4) CLARIFICATION REGARDING FREE POST- following after section 103: mation available from the Bureau of the Cen- AGE.—An absentee ballot obtained by a qualified ‘‘Sec. 103A. Procedures for collection and deliv- sus); and individual under this section shall be considered ery of marked absentee ballots of (B) the total voting age population of all balloting materials as defined in section 107 for absent overseas uniformed serv- States (as determined on the basis of the most purposes of section 3406 of title 39, United States ices voters. recent information available from the Bureau of Code. ‘‘Sec. 103B. Federal voting assistance program the Census). ‘‘(5) PROHIBITING REFUSAL TO ACCEPT BALLOT improvements. (d) REPORTS TO CONGRESS.— FOR FAILURE TO MEET CERTAIN REQUIREMENTS.— ‘‘Sec. 103C. Transmission of blank absentee bal- (1) REPORTS BY RECIPIENTS OF GRANTS.—Not A State shall not refuse to accept and process lots to certain other voters.’’. later than 6 months after the date on which the any otherwise valid blank absentee ballot which SEC. 1707. EFFECTIVE DATE. final grant is made under this section, each re- was transmitted to a qualified individual under Except as provided in section 1702(b) and sec- cipient of a grant shall submit a report to the this section and used by the individual to vote tion 1704(b), the amendments made by this sub- Commission on the activities conducted with the in the election solely on the basis of the fol- title shall apply with respect to elections occur- funds provided by the grant. lowing: ring on or after January 1, 2022. (2) REPORTS BY COMMISSION.—Not later than 1 ‘‘(A) Notarization or witness signature re- year after the date on which the final grant is Subtitle K—Poll Worker Recruitment and quirements. made under this section, the Commission shall Training ‘‘(B) Restrictions on paper type, including submit a report to Congress on the grants made weight and size. SEC. 1801. GRANTS TO STATES FOR POLL WORK- under this section and the activities carried out ER RECRUITMENT AND TRAINING. ‘‘(C) Restrictions on envelope type, including by recipients with the grants, and shall include (a) GRANTS BY ELECTION ASSISTANCE COMMIS- weight and size. in the report such recommendations as the Com- SION.— ‘‘(b) QUALIFIED INDIVIDUAL.— mission considers appropriate. (1) IN GENERAL.—The Election Assistance ‘‘(1) IN GENERAL.—In this section, except as (e) FUNDING.— Commission (hereafter referred to as the ‘‘Com- provided in paragraph (2), the term ‘qualified (1) CONTINUING AVAILABILITY OF AMOUNT AP- mission’’) shall, subject to the availability of ap- individual’ means any individual who is other- PROPRIATED.—Any amount appropriated to propriations provided to carry out this section, wise qualified to vote in an election for Federal carry out this section shall remain available make a grant to each eligible State for recruiting office and who meets any of the following re- without fiscal year limitation until expended. and training individuals to serve as poll workers quirements: (2) ADMINISTRATIVE EXPENSES.—Of the on dates of elections for public office. ‘‘(A) The individual— amount appropriated for any fiscal year to ‘‘(i) has previously requested an absentee bal- (2) USE OF COMMISSION MATERIALS.—In car- carry out this section, not more than 3 percent lot from the State or jurisdiction in which such rying out activities with a grant provided under shall be available for administrative expenses of individual is registered to vote; and this section, the recipient of the grant shall use the Commission. ‘‘(ii) has not received such absentee ballot at the manual prepared by the Commission on suc- least 2 days before the date of the election. cessful practices for poll worker recruiting, SEC. 1802. STATE DEFINED. ‘‘(B) The individual— training and retention as an interactive training In this subtitle, the term ‘‘State’’ includes the ‘‘(i) resides in an area of a State with respect tool, and shall develop training programs with District of Columbia, the Commonwealth of to which an emergency or public health emer- the participation and input of experts in adult Puerto Rico, Guam, American Samoa, the gency has been declared by the chief executive learning. United States Virgin Islands, and the Common- of the State or of the area involved within 5 (3) ACCESS AND CULTURAL CONSIDERATIONS.— wealth of the Northern Mariana Islands. days of the date of the election under the laws The Commission shall ensure that the manual Subtitle L—Enhancement of Enforcement of the State due to reasons including a natural described in paragraph (2) provides training in SEC. 1811. ENHANCEMENT OF ENFORCEMENT OF disaster, including severe weather, or an infec- methods that will enable poll workers to provide HELP AMERICA VOTE ACT OF 2002. tious disease; and access and delivery of services in a culturally (a) COMPLAINTS; AVAILABILITY OF PRIVATE ‘‘(ii) has not previously requested an absentee competent manner to all voters who use their RIGHT OF ACTION.—Section 401 of the Help ballot. services, including those with limited English America Vote Act of 2002 (52 U.S.C. 21111) is ‘‘(C) The individual expects to be absent from proficiency, diverse cultural and ethnic back- amended— such individual’s jurisdiction on the date of the grounds, disabilities, and regardless of gender, (1) by striking ‘‘The Attorney General’’ and election due to professional or volunteer service sexual orientation, or gender identity. These inserting ‘‘(a) IN GENERAL.—The Attorney Gen- in response to a natural disaster or emergency methods must ensure that each voter will have eral’’; and as described in subparagraph (B). access to poll worker services that are delivered (2) by adding at the end the following new ‘‘(D) The individual is hospitalized or expects in a manner that meets the unique needs of the subsections: to be hospitalized on the date of the election. voter. ‘‘(b) FILING OF COMPLAINTS BY AGGRIEVED ‘‘(E) The individual is an individual with a (b) REQUIREMENTS FOR ELIGIBILITY.— PERSONS.— disability (as defined in section 3 of the Ameri- (1) APPLICATION.—Each State that desires to ‘‘(1) IN GENERAL.—A person who is aggrieved cans with Disabilities Act of 1990 (42 U.S.C. receive a payment under this section shall sub- by a violation of title III which has occurred, is 12102)) and resides in a State which does not mit an application for the payment to the Com- occurring, or is about to occur may file a writ- offer voters the ability to use secure and acces- mission at such time and in such manner and ten, signed, notarized complaint with the Attor- sible remote ballot marking. For purposes of this containing such information as the Commission ney General describing the violation and re- subparagraph, a State shall permit an indi- shall require. questing the Attorney General to take appro- vidual to self-certify that the individual is an (2) CONTENTS OF APPLICATION.—Each applica- priate action under this section. The Attorney individual with a disability. tion submitted under paragraph (1) shall— General shall immediately provide a copy of a ‘‘(2) EXCLUSION OF ABSENT UNIFORMED SERV- (A) describe the activities for which assistance complaint filed under the previous sentence to ICES AND OVERSEAS VOTERS.—The term ‘qualified under this section is sought; the entity responsible for administering the individual’ shall not include an absent uni- (B) provide assurances that the funds pro- State-based administrative complaint procedures formed services voter or an overseas voter. vided under this section will be used to supple- described in section 402(a) for the State in- ‘‘(c) STATE.—For purposes of this section, the ment and not supplant other funds used to volved. term ‘State’ includes the District of Columbia, carry out the activities; the Commonwealth of Puerto Rico, Guam, (C) provide assurances that the State will fur- ‘‘(2) RESPONSE BY ATTORNEY GENERAL.—The American Samoa, the United States Virgin Is- nish the Commission with information on the Attorney General shall respond to each com- lands, and the Commonwealth of the Northern number of individuals who served as poll work- plaint filed under paragraph (1), in accordance Mariana Islands. ers after recruitment and training with the with procedures established by the Attorney ‘‘(d) EFFECTIVE DATE.—This section shall funds provided under this section; and General that require responses and determina- apply with respect to the regularly scheduled (D) provide such additional information and tions to be made within the same (or shorter) general election for Federal office held in No- certifications as the Commission determines to deadlines which apply to a State under the vember 2022 and each succeeding election for be essential to ensure compliance with the re- State-based administrative complaint procedures Federal office.’’. quirements of this section. described in section 402(a)(2). The Attorney (b) CONFORMING AMENDMENT.—Section 102(a) (c) AMOUNT OF GRANT.— General shall immediately provide a copy of the of such Act (52 U.S.C. 20302(a)) is amended— (1) IN GENERAL.—The amount of a grant made response made under the previous sentence to (1) by striking ‘‘and’’ at the end of paragraph to a State under this section shall be equal to the entity responsible for administering the (10); the product of— State-based administrative complaint procedures (2) by striking the period at the end of para- (A) the aggregate amount made available for described in section 402(a) for the State in- graph (11) and inserting ‘‘; and’’; and grants to States under this section; and volved. (3) by adding at the end the following new (B) the voting age population percentage for ‘‘(c) AVAILABILITY OF PRIVATE RIGHT OF AC- paragraph: the State. TION.—Any person who is authorized to file a ‘‘(12) meet the requirements of section 103C (2) VOTING AGE POPULATION PERCENTAGE DE- complaint under subsection (b)(1) (including with respect to the provision of blank absentee FINED.—In paragraph (1), the ‘‘voting age popu- any individual who seeks to enforce the individ- ballots for the use of qualified individuals de- lation percentage’’ for a State is the quotient ual’s right to a voter-verified paper ballot, the scribed in such section.’’. of— right to have the voter-verified paper ballot

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H911 counted in accordance with this Act, or any Subtitle N—Promoting Voter Access Through ‘‘(D) This paragraph applies only with respect other right under title III) may file an action Election Administration Improvements to an institution which is located in a State to under section 1979 of the Revised Statutes of the PART 1—PROMOTING VOTER ACCESS which section 4(b) of the National Voter Reg- United States (42 U.S.C. 1983) to enforce the istration Act of 1993 (52 U.S.C. 20503(b)) does SEC. 1901. TREATMENT OF INSTITUTIONS OF uniform and nondiscriminatory election tech- HIGHER EDUCATION. not apply.’’. nology and administration requirements under (2) EFFECTIVE DATE.—The amendments made (a) TREATMENT OF CERTAIN INSTITUTIONS AS subtitle A of title III. by this subsection shall apply with respect to VOTER REGISTRATION AGENCIES UNDER NA- elections held on or after January 1, 2022. ‘‘(d) NO EFFECT ON STATE PROCEDURES.— TIONAL VOTER REGISTRATION ACT OF 1993.—Sec- (c) GRANTS TO INSTITUTIONS DEMONSTRATING Nothing in this section may be construed to af- tion 7(a) of the National Voter Registration Act EXCELLENCE IN STUDENT VOTER REGISTRA- fect the availability of the State-based adminis- of 1993 (52 U.S.C. 20506(a)) is amended— TION.— trative complaint procedures required under sec- (1) in paragraph (2)— (1) GRANTS AUTHORIZED.—The Secretary of tion 402 to any person filing a complaint under (A) by striking ‘‘and’’ at the end of subpara- this subsection.’’. Education may award competitive grants to graph (A); public and private nonprofit institutions of (B) by striking the period at the end of sub- (b) EFFECTIVE DATE.—The amendments made higher education that are subject to the require- paragraph (B) and inserting ‘‘; and’’; and by this section shall apply with respect to viola- ments of section 487(a)(23) of the Higher Edu- (C) by adding at the end the following new tions occurring with respect to elections for Fed- cation Act of 1965 (20 U.S.C. 1094(a)(23)), as subparagraph: eral office held in 2022 or any succeeding year. amended by subsection (a), and that the Sec- ‘‘(C) each institution of higher education retary determines have demonstrated excellence Subtitle M—Federal Election Integrity which has a program participation agreement in in registering students to vote in elections for effect with the Secretary of Education under SEC. 1821. PROHIBITION ON CAMPAIGN ACTIVI- public office beyond meeting the minimum re- section 487 of the Higher Education Act of 1965 TIES BY CHIEF STATE ELECTION AD- quirements of such section. MINISTRATION OFFICIALS. (20 U.S.C. 1094), other than an institution which (2) ELIGIBILITY.—An institution of higher (a) IN GENERAL.—Title III of the Federal Elec- is treated as a contributing agency under the education is eligible to receive a grant under tion Campaign Act of 1971 (52 U.S.C. 30101 et Automatic Voter Registration Act of 2021.’’; and this subsection if the institution submits to the seq.) is amended by inserting after section 319 (2) in paragraph (6)(A), by inserting ‘‘or, in Secretary of Education, at such time and in the following new section: the case of an institution of higher education, such form as the Secretary may require, an ap- with each registration of a student for enroll- plication containing such information and as- ‘‘CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION ment in a course of study, including enrollment ADMINISTRATION OFFICIALS surances as the Secretary may require to make in a program of distance education, as defined the determination described in paragraph (1), ‘‘SEC. 319A. (a) PROHIBITION.—It shall be un- in section 103(7) of the Higher Education Act of including information and assurances that the lawful for a chief State election administration 1965 (20 U.S.C. 1003(7)),’’ after ‘‘assistance,’’. institution carried out activities to promote ESPONSIBILITIES OF INSTITUTIONS UNDER official to take an active part in political man- (b) R voter registration by students, such as the fol- HIGHER EDUCATION ACT OF 1965.— agement or in a political campaign with respect lowing: to any election for Federal office over which (1) IN GENERAL.—Section 487(a)(23) of the (A) Sponsoring large on-campus voter mobili- such official has supervisory authority. Higher Education Act of 1965 (20 U.S.C. zation efforts. ‘‘(b) CHIEF STATE ELECTION ADMINISTRATION 1094(a)(23)) is amended to read as follows: (B) Engaging the surrounding community in OFFICIAL.—The term ‘chief State election ad- ‘‘(23)(A)(i) The institution will ensure that an nonpartisan voter registration and get out the ministration official’ means the highest State of- appropriate staff person or office is designated vote efforts. ficial with responsibility for the administration publicly as a ‘Campus Vote Coordinator’ and (C) Creating a website for students with cen- of Federal elections under State law. will ensure that such person’s or office’s contact tralized information about voter registration information is included on the institution’s ‘‘(c) ACTIVE PART IN POLITICAL MANAGEMENT and election dates. website. OR IN A POLITICAL CAMPAIGN.—The term ‘active (D) Inviting candidates to speak on campus. ‘‘(ii) Not fewer than twice during each cal- part in political management or in a political (E) Offering rides to students to the polls to endar year (beginning with 2021), the Campus campaign’ means— increase voter education, registration, and mobi- Vote Coordinator shall transmit electronically to lization. ‘‘(1) holding any position (including any un- each student enrolled in the institution (includ- (3) AUTHORIZATION OF APPROPRIATIONS.— paid or honorary position) with an authorized ing students enrolled in distance education pro- There are authorized to be appropriated for fis- committee of a candidate, or participating in grams) a message containing the following in- cal year 2022 and each succeeding fiscal year any decision-making of an authorized committee formation: such sums as may be necessary to award grants of a candidate; ‘‘(I) Information on the location of polling under this subsection. ‘‘(2) the use of official authority or influence places in the jurisdiction in which the institu- (d) SENSE OF CONGRESS RELATING TO OPTION for the purpose of interfering with or affecting tion is located, together with information on OF STUDENTS TO REGISTER IN JURISDICTION OF the result of an election for Federal office; available methods of transportation to and from INSTITUTION OF HIGHER EDUCATION OR JURISDIC- ‘‘(3) the solicitation, acceptance, or receipt of such polling places. TION OF DOMICILE.—It is the sense of Congress a contribution from any person on behalf of a ‘‘(II) A referral to a government-affiliated that, as provided under existing law, students candidate for Federal office; and website or online platform which provides cen- who attend an institution of higher education tralized voter registration information for all ‘‘(4) any other act which would be prohibited and reside in the jurisdiction of the institution States, including access to applicable voter reg- under paragraph (2) or (3) of section 7323(b) of while attending the institution should have the istration forms and information to assist indi- title 5, United States Code, if taken by an indi- option of registering to vote in elections for Fed- viduals who are not registered to vote in reg- vidual to whom such paragraph applies (other eral office in that jurisdiction or in the jurisdic- istering to vote. than any prohibition on running for public of- tion of their own domicile. ‘‘(III) Any additional voter registration and fice). SEC. 1902. MINIMUM NOTIFICATION REQUIRE- voting information the Coordinator considers MENTS FOR VOTERS AFFECTED BY ‘‘(d) EXCEPTION IN CASE OF RECUSAL FROM appropriate, in consultation with the appro- POLLING PLACE CHANGES. DMINISTRATION OF LECTIONS NVOLVING FFI A E I O - priate State election official. (a) REQUIREMENTS.—Section 302 of the Help CIAL OR IMMEDIATE FAMILY MEMBER.— ‘‘(iii) In addition to transmitting the message America Vote Act of 2002 (52 U.S.C. 21082), as ‘‘(1) IN GENERAL.—This section does not apply described in clause (ii) not fewer than twice dur- amended by section 1601(a), is amended— to a chief State election administration official ing each calendar year, the Campus Vote Coor- (1) by redesignating subsection (f) as sub- with respect to an election for Federal office in dinator shall transmit the message under such section (g); and which the official or an immediate family mem- clause not fewer than 30 days prior to the dead- (2) by inserting after subsection (e) the fol- ber of the official is a candidate, but only if— line for registering to vote for any election for lowing new subsection: ‘‘(A) such official recuses himself or herself Federal, State, or local office in the State. ‘‘(f) MINIMUM NOTIFICATION REQUIREMENTS from all of the official’s responsibilities for the ‘‘(B) If the institution in its normal course of FOR VOTERS AFFECTED BY POLLING PLACE administration of such election; and operations requests each student registering for CHANGES.— enrollment in a course of study, including stu- ‘‘(1) IN GENERAL.—If a State assigns an indi- ‘‘(B) the official who assumes responsibility dents registering for enrollment in a program of vidual who is a registered voter in a State to a for supervising the administration of the elec- distance education, to affirm whether or not the polling place with respect to an election for Fed- tion does not report directly to such official. student is a United States citizen, the institu- eral office which is not the same polling place to ‘‘(2) IMMEDIATE FAMILY MEMBER DEFINED.—In tion will comply with the applicable require- which the individual was previously assigned paragraph (1), the term ‘immediate family mem- ments for a contributing agency under the Auto- with respect to the most recent election for Fed- ber’ means, with respect to a candidate, a fa- matic Voter Registration Act of 2021. eral office in the State in which the individual ther, mother, son, daughter, brother, sister, hus- ‘‘(C) If the institution is not described in sub- was eligible to vote— band, wife, father-in-law, or mother-in-law.’’. paragraph (B), the institution will comply with ‘‘(A) the State shall notify the individual of (b) EFFECTIVE DATE.—The amendments made the requirements for a voter registration agency the location of the polling place not later than by subsection (a) shall apply with respect to in the State in which it is located in accordance 7 days before the date of the election or the first elections for Federal office held after December with section 7 of the National Voter Registration day of an early voting period (whichever occurs 2021. Act of 1993 (52 U.S.C. 20506). first); or

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H912 CONGRESSIONAL RECORD — HOUSE March 2, 2021 ‘‘(B) if the State makes such an assignment sworn written statement in accordance with State or political subdivision under section 203 fewer than 7 days before the date of the election subsection (a)(1) shall be permitted to cast a bal- of the Voting Rights Act of 1965 (52 U.S.C. and the individual appears on the date of the lot in the election in the same manner as an in- 10503), that State or political subdivision shall election at the polling place to which the indi- dividual who presents identification. provide absentee or mail-in voting materials vidual was previously assigned, the State shall ‘‘(c) EXCEPTION FOR FIRST-TIME VOTERS REG- with respect to an election for Federal office in make every reasonable effort to enable the indi- ISTERING BY MAIL.—Subsections (a) and (b) do the language of the applicable minority group vidual to vote on the date of the election. not apply with respect to any individual de- as well as in the English language, bilingual ‘‘(2) METHODS OF NOTIFICATION.—The State scribed in paragraph (1) of section 303(b) who is election voting assistance, and written trans- shall notify an individual under subparagraph required to meet the requirements of paragraph lations of all voting materials in the language of (A) of paragraph (1) by mail, telephone, and (if (2) of such section.’’. the applicable minority group, as required by available) text message and electronic mail. (b) REQUIRING STATES TO INCLUDE INFORMA- section 203 of the Voting Rights Act of 1965 (52 ‘‘(3) PLACEMENT OF SIGNS AT CLOSED POLLING TION ON USE OF SWORN WRITTEN STATEMENT IN U.S.C. 10503), as amended by subsection (b). PLACES.—If a location which served as a polling VOTING INFORMATION MATERIAL POSTED AT (5) CLARIFICATION.—Nothing in this section place in an election for Federal office does not POLLING PLACES.—Section 302(b)(2) of such Act alters the ability of an individual voter residing serve as a polling place in the next election for (52 U.S.C. 21082(b)(2)), as amended by section on Indian lands to request a ballot in a manner Federal office held in the jurisdiction involved, 1072(b) and section 1202(b), is amended— available to all other voters in the State. the State shall ensure that signs are posted at (1) by striking ‘‘and’’ at the end of subpara- (6) DEFINITIONS.—In this section: such location on the date of the election and graph (G); (A) ELECTION FOR FEDERAL OFFICE.—The term during any early voting period for the election (2) by striking the period at the end of sub- ‘‘election for Federal office’’ means a general, containing the following information: paragraph (H) and inserting ‘‘; and’’; and special, primary or runoff election for the office ‘‘(A) A statement that the location is not serv- (3) by adding at the end the following new of President or Vice President, or of Senator or ing as a polling place in the election. subparagraph: Representative in, or Delegate or Resident Com- ‘‘(B) The locations serving as polling places in ‘‘(I) in the case of a State that has in effect missioner to, the Congress. the election in the jurisdiction involved. a requirement that an individual present identi- (B) INDIAN.—The term ‘‘Indian’’ has the ‘‘(C) Contact information, including a tele- fication as a condition of receiving and casting meaning given the term in section 4 of the In- phone number and website, for the appropriate a ballot in an election for Federal office, infor- dian Self-Determination and Education Assist- State or local election official through which an mation on how an individual may meet such re- ance Act (25 U.S.C. 5304). individual may find the polling place to which quirement by presenting a sworn written state- (C) INDIAN LANDS.—The term ‘‘Indian lands’’ the individual is assigned for the election. ment in accordance with section 303A.’’. includes— ‘‘(4) EFFECTIVE DATE.—This subsection shall (c) CLERICAL AMENDMENT.—The table of con- (i) any Indian country of an Indian Tribe, as apply with respect to elections held on or after tents of such Act is amended by inserting after defined under section 1151 of title 18, United January 1, 2021.’’. the item relating to section 303 the following States Code; (b) CONFORMING AMENDMENT.—Section 302(g) new item: (ii) any land in Alaska owned, pursuant to of such Act (52 U.S.C. 21082(g)), as redesignated ‘‘Sec. 303A. Permitting use of sworn written the Alaska Native Claims Settlement Act (43 by subsection (a) and as amended by section statement to meet identification U.S.C. 1601 et seq.), by an Indian Tribe that is 1601(b), is amended by striking ‘‘(d)(2) and requirements.’’. a Native village (as defined in section 3 of that (e)(2)’’ and inserting ‘‘(d)(2), (e)(2), and (f)(4)’’. Act (43 U.S.C. 1602)) or by a Village Corporation (e) EFFECTIVE DATE.—The amendments made SEC. 1903. PERMITTING USE OF SWORN WRITTEN by this section shall apply with respect to elec- that is associated with an Indian Tribe (as de- STATEMENT TO MEET IDENTIFICA- tions occurring on or after the date of the enact- fined in section 3 of that Act (43 U.S.C. 1602)); TION REQUIREMENTS FOR VOTING. ment of this Act. (iii) any land on which the seat of the Tribal (a) PERMITTING USE OF STATEMENT.—Title III Government is located; and of the Help America Vote Act of 2002 (52 U.S.C. SEC. 1904. ACCOMMODATIONS FOR VOTERS RE- (iv) any land that is part or all of a Tribal SIDING IN INDIAN LANDS. 21081 et seq.) is amended by inserting after sec- designated statistical area associated with an tion 303 the following new section: (a) ACCOMMODATIONS DESCRIBED.— Indian Tribe, or is part or all of an Alaska Na- (1) DESIGNATION OF BALLOT PICKUP AND COL- ‘‘SEC. 303A. PERMITTING USE OF SWORN WRIT- tive village statistical area associated with an LECTION LOCATIONS.—Given the widespread lack TEN STATEMENT TO MEET IDENTI- Indian Tribe, as defined by the Census Bureau FICATION REQUIREMENTS. of residential mail delivery in Indian Country, for the purposes of the most recent decennial ‘‘(a) USE OF STATEMENT.— an Indian Tribe may designate buildings as bal- census. ‘‘(1) IN GENERAL.—Except as provided in sub- lot pickup and collection locations with respect (D) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ section (c), if a State has in effect a requirement to an election for Federal office at no cost to the has the meaning given the term ‘‘Indian tribe’’ that an individual present identification as a Indian Tribe. An Indian Tribe may designate in section 4 of the Indian Self-Determination condition of receiving and casting a ballot in an one building per precinct located within Indian and Education Assistance Act (25 U.S.C. 5304). election for Federal office, the State shall permit lands. The applicable State or political subdivi- (E) TRIBAL GOVERNMENT.—The term ‘‘Tribal the individual to meet the requirement— sion shall collect ballots from those locations. Government’’ means the recognized governing ‘‘(A) in the case of an individual who desires The applicable State or political subdivision body of an Indian Tribe. to vote in person, by presenting the appropriate shall provide the Indian Tribe with accurate (7) ENFORCEMENT.— State or local election official with a sworn writ- precinct maps for all precincts located within (A) ATTORNEY GENERAL.—The Attorney Gen- ten statement, signed by the individual under Indian lands 60 days before the election. eral may bring a civil action in an appropriate penalty of perjury, attesting to the individual’s (2) PROVISION OF MAIL-IN AND ABSENTEE BAL- district court for such declaratory or injunctive identity and attesting that the individual is eli- LOTS.—The State or political subdivision shall relief as is necessary to carry out this sub- gible to vote in the election; or provide mail-in and absentee ballots with re- section. ‘‘(B) in the case of an individual who desires spect to an election for Federal office to each in- (B) PRIVATE RIGHT OF ACTION.— to vote by mail, by submitting with the ballot dividual who is registered to vote in the election (i) A person or Tribal Government who is ag- the statement described in subparagraph (A). who resides on Indian lands in the State or po- grieved by a violation of this subsection may ‘‘(2) DEVELOPMENT OF PRE-PRINTED VERSION litical subdivision involved without requiring a provide written notice of the violation to the OF STATEMENT BY COMMISSION.—The Commis- residential address or a mail-in or absentee bal- chief election official of the State involved. sion shall develop a pre-printed version of the lot request. (ii) An aggrieved person or Tribal Government statement described in paragraph (1)(A) which (3) USE OF DESIGNATED BUILDING AS RESIDEN- may bring a civil action in an appropriate dis- includes a blank space for an individual to pro- TIAL AND MAILING ADDRESS.—The address of a trict court for declaratory or injunctive relief vide a name and signature for use by election designated building that is a ballot pickup and with respect to a violation of this subsection, officials in States which are subject to para- collection location with respect to an election if— graph (1). for Federal office may serve as the residential (I) that person or Tribal Government provides ‘‘(3) PROVIDING PRE-PRINTED COPY OF STATE- address and mailing address for voters living on the notice described in clause (i); and MENT.—A State which is subject to paragraph Indian lands if the tribally designated building (II)(aa) in the case of a violation that occurs (1) shall— is in the same precinct as that voter. If there is more than 120 days before the date of an elec- ‘‘(A) make copies of the pre-printed version of no tribally designated building within a voter’s tion for Federal office, the violation remains the statement described in paragraph (1)(A) precinct, the voter may use another tribally des- and 90 days or more have passed since the date which is prepared by the Commission available ignated building within the Indian lands where on which the chief election official of the State at polling places for election officials to dis- the voter is located. Voters using a tribally des- receives the notice under clause (i); or tribute to individuals who desire to vote in per- ignated building outside of the voter’s precinct (bb) in the case of a violation that occurs 120 son; and may use the tribally designated building as a days or less before the date of an election for ‘‘(B) include a copy of such pre-printed mailing address and may separately designate Federal office, the violation remains and 20 version of the statement with each blank absen- the voter’s appropriate precinct through a de- days or more have passed since the date on tee or other ballot transmitted to an individual scription of the voter’s address, as specified in which the chief election official of the State re- who desires to vote by mail. section 9428.4(a)(2) of title 11, Code of Federal ceives the notice under clause (i). ‘‘(b) REQUIRING USE OF BALLOT IN SAME MAN- Regulations. (iii) In the case of a violation of this section NER AS INDIVIDUALS PRESENTING IDENTIFICA- (4) LANGUAGE ACCESSIBILITY.—In the case of a that occurs 30 days or less before the date of an TION.—An individual who presents or submits a State or political subdivision that is a covered election for Federal office, an aggrieved person

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H913 or Tribal Government may bring a civil action in (B) may obtain information on voting in elec- the members first appointed to the Task Force an appropriate district court for declaratory or tions for Federal office, including information shall be staggered so that there are at least 3 in- injunctive relief with respect to the violation on how to register to vote in such elections, the dividuals serving on the Task Force during each without providing notice to the chief election of- locations and hours of operation of polling year. A vacancy in the membership of the Task ficial of the State under clause (i). places, and how to obtain absentee ballots; and Force shall be filled in the same manner as the (b) BILINGUAL ELECTION REQUIREMENTS.—Sec- (C) may report information to the Attorney original appointment. tion 203 of the Voting Rights Act of 1965 (52 General on problems encountered in registering (4) NO COMPENSATION FOR SERVICE.—Members U.S.C. 10503) is amended— to vote or voting, including incidences of voter of the Task Force shall serve without pay, but (1) in subsection (b)(3)(C)), by striking ‘‘1990’’ intimidation or suppression. shall receive travel expenses, including per diem and inserting ‘‘2010’’; and (3) COLLABORATION WITH STATE AND LOCAL in lieu of subsistence, in accordance with appli- (2) by striking subsection (c) and inserting the ELECTION OFFICIALS.— cable provisions under subchapter I of chapter following: (A) COLLECTION OF INFORMATION FROM 57 of title 5, United States Code. ‘‘(c) PROVISION OF VOTING MATERIALS IN THE STATES.—The Attorney General shall coordinate (d) BI-ANNUAL REPORT TO CONGRESS.—Not LANGUAGE OF A MINORITY GROUP.— the collection of information on State and local later than March 1 of each odd-numbered year, ‘‘(1) IN GENERAL.—Whenever any State or po- election laws and policies, including informa- the Attorney General shall submit a report to litical subdivision subject to the prohibition of tion on the statewide computerized voter reg- subsection (b) of this section provides any reg- Congress on the operation of the telephone serv- istration lists maintained under title III of the ice established under this section during the istration or voting notices, forms, instructions, Help America Vote Act of 2002, so that individ- assistance, or other materials or information re- previous 2 years, and shall include in the re- uals who contact the free telephone service es- lating to the electoral process, including ballots, port— tablished under paragraph (2) on the date of an it shall provide them in the language of the ap- (1) an enumeration of the number and type of election for Federal office may receive an imme- plicable minority group as well as in the English calls that were received by the service; diate response on that day. (2) a compilation and description of the re- language. (B) FORWARDING QUESTIONS AND COMPLAINTS ‘‘(2) EXCEPTIONS.— ports made to the service by individuals citing ‘‘(A) In the case of a minority group that is TO STATES.—If an individual contacts the free instances of voter intimidation or suppression, not American Indian or Alaska Native and the telephone service established under paragraph together with a description of any actions taken language of that minority group is oral or un- (2) on the date of an election for Federal office in response to such instances of voter intimida- written, the State or political subdivision shall with a question or complaint with respect to a tion or suppression; only be required to furnish, in the covered lan- particular State or jurisdiction within a State, (3) an assessment of the effectiveness of the guage, oral instructions, assistance, translation the Attorney General shall forward the question service in making information available to all of voting materials, or other information relat- or complaint immediately to the appropriate households in the United States with telephone ing to registration and voting. election official of the State or jurisdiction so service; ‘‘(B) In the case of a minority group that is that the official may answer the question or (4) any recommendations developed by the American Indian or Alaska Native, the State or remedy the complaint on that date. Task Force established under subsection (c) political subdivision shall only be required to (4) CONSULTATION REQUIREMENTS FOR DEVEL- with respect to how voting systems may be furnish in the covered language oral instruc- OPMENT OF SYSTEMS AND SERVICES.—The Attor- maintained or upgraded to better accommodate tions, assistance, or other information relating ney General shall ensure that the State-based voters and better ensure the integrity of elec- to registration and voting, including all voting response system under paragraph (1) and the tions, including but not limited to identifying materials, if the Tribal Government of that mi- free telephone service under paragraph (2) are how to eliminate coordinated voter suppression nority group has certified that the language of each developed in consultation with civil rights efforts and how to establish effective mecha- the applicable American Indian or Alaska Na- organizations, voting rights groups, State and nisms for distributing updates on changes to tive language is presently unwritten or the Trib- local election officials, voter protection groups, voting requirements; and al Government does not want written trans- and other interested community organizations, (5) any recommendations on best practices for lations in the minority language. especially those that have experience in the op- the State-based response systems established ‘‘(3) WRITTEN TRANSLATIONS FOR ELECTION eration of similar systems and services. under subsection (a)(1). (b) USE OF SERVICE BY INDIVIDUALS WITH DIS- WORKERS.—Notwithstanding paragraph (2), the (e) AUTHORIZATION OF APPROPRIATIONS.— ABILITIES AND INDIVIDUALS WITH LIMITED State or political division may be required to (1) AUTHORIZATION.—There are authorized to ENGLISH LANGUAGE PROFICIENCY.—The Attor- provide written translations of voting materials, be appropriated to the Attorney General for fis- ney General shall design and operate the tele- with the consent of any applicable Indian Tribe, cal year 2021 and each succeeding fiscal year phone service established under this section in a to election workers to ensure that the trans- such sums as may be necessary to carry out this manner that ensures that individuals with dis- lations from English to the language of a minor- section. abilities are fully able to use the service, and ity group are complete, accurate, and uni- (2) SET-ASIDE FOR OUTREACH.—Of the that assistance is provided in any language in form.’’. amounts appropriated to carry out this section which the State (or any jurisdiction in the (c) EFFECTIVE DATE.—This section and the for a fiscal year pursuant to the authorization State) is required to provide election materials amendments made by this section shall apply under paragraph (1), not less than 15 percent under section 203 of the Voting Rights Act of with respect to the regularly scheduled general shall be used for outreach activities to make the 1965. election for Federal office held in November 2022 public aware of the availability of the telephone (c) VOTER HOTLINE TASK FORCE.— and each succeeding election for Federal office. service established under this section, with an (1) APPOINTMENT BY ATTORNEY GENERAL.— SEC. 1905. VOTER INFORMATION RESPONSE SYS- emphasis on outreach to individuals with dis- TEMS AND HOTLINE. The Attorney General shall appoint individuals (in such number as the Attorney General con- abilities and individuals with limited proficiency (a) ESTABLISHMENT AND OPERATION OF SYS- in the English language. TEMS AND SERVICES.— siders appropriate but in no event fewer than 3) SEC. 1906. ENSURING EQUITABLE AND EFFICIENT TATE BASED RESPONSE SYSTEMS to serve on a Voter Hotline Task Force to pro- (1) S - .—The At- OPERATION OF POLLING PLACES. torney General shall coordinate the establish- vide ongoing analysis and assessment of the op- (a) IN GENERAL.—Subtitle A of title III of the ment of a State-based response system for re- eration of the telephone service established Help America Vote Act of 2002 (52 U.S.C. 21081 sponding to questions and complaints from indi- under this section, and shall give special consid- et seq.), as amended by section 1031(a), section viduals voting or seeking to vote, or registering eration in making appointments to the Task 1101(a), section 1611(a), section 1621(a), section to vote or seeking to register to vote, in elections Force to individuals who represent civil rights 1622(a), and section 1623(a), is amended— for Federal office. Such system shall provide— organizations. At least one member of the Task (A) State-specific, same-day, and immediate Force shall be a representative of an organiza- (1) by redesignating sections 310 and 311 as assistance to such individuals, including infor- tion promoting voting rights or civil rights sections 311 and 312; and mation on how to register to vote, the location which has experience in the operation of similar (2) by inserting after section 309 the following and hours of operation of polling places, and telephone services or in protecting the rights of new section: how to obtain absentee ballots; and individuals to vote, especially individuals who ‘‘SEC. 310. ENSURING EQUITABLE AND EFFICIENT (B) State-specific, same-day, and immediate are members of racial, ethnic, or linguistic mi- OPERATION OF POLLING PLACES. assistance to individuals encountering problems norities or of communities who have been ad- ‘‘(a) PREVENTING UNREASONABLE WAITING with registering to vote or voting, including in- versely affected by efforts to suppress voting TIMES FOR VOTERS.— dividuals encountering intimidation or deceptive rights. ‘‘(1) IN GENERAL.—Each State shall provide a practices. (2) ELIGIBILITY.—An individual shall be eligi- sufficient number of voting systems, poll work- (2) HOTLINE.—The Attorney General, in con- ble to serve on the Task Force under this sub- ers, and other election resources (including sultation with State election officials, shall es- section if the individual meets such criteria as physical resources) at a polling place used in tablish and operate a toll-free telephone service, the Attorney General may establish, except that any election for Federal office, including a poll- using a telephone number that is accessible an individual may not serve on the task force if ing place at which individuals may cast ballots throughout the United States and that uses eas- the individual has been convicted of any crimi- prior to the date of the election, to ensure— ily identifiable numerals, through which indi- nal offense relating to voter intimidation or ‘‘(A) a fair and equitable waiting time for all viduals throughout the United States— voter suppression. voters in the State; and (A) may connect directly to the State-based re- (3) TERM OF SERVICE.—An individual ap- ‘‘(B) that no individual will be required to sponse system described in paragraph (1) with pointed to the Task Force shall serve a single wait longer than 30 minutes to cast a ballot at respect to the State involved; term of 2 years, except that the initial terms of the polling place.

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‘‘(2) CRITERIA.—In determining the number of SEC. 1907. REQUIRING STATES TO PROVIDE SE- ‘‘(3) accessible by public transportation to the voting systems, poll workers, and other election CURED DROP BOXES FOR VOTED AB- greatest extent possible; resources provided at a polling place for pur- SENTEE BALLOTS IN ELECTIONS ‘‘(4) available during all hours of the day; poses of paragraph (1), the State shall take into FOR FEDERAL OFFICE. and account the following factors: (a) REQUIREMENT.—Subtitle A of title III of ‘‘(5) sufficiently available in all communities ‘‘(A) The voting age population. the Help America Vote Act of 2002 (52 U.S.C. in the county, including rural communities and ‘‘(B) Voter turnout in past elections. 21081 et seq.), as amended by section 1031(a), on Tribal lands within the county (subject to ‘‘(C) The number of voters registered. section 1101(a), section 1611(a), section 1621(a), subsection (f)). ‘‘(D) The number of voters who have reg- section 1622(a), section 1623(a), and section ‘‘(f) RULES FOR DROP BOXES ON TRIBAL istered since the most recent Federal election. 1906(a), is amended— LANDS.—In making a determination of the num- ‘‘(E) Census data for the population served by (1) by redesignating sections 311 and 312 as ber and location of drop boxes provided under the polling place, such as the proportion of the sections 312 and 313; and this section on Tribal lands in a county, the ap- voting-age population who are under 25 years of (2) by inserting after section 310 the following propriate State and local election officials age or who are naturalized citizens. new section: shall— ‘‘(F) The needs and numbers of voters with ‘‘SEC. 311. USE OF SECURED DROP BOXES FOR ‘‘(1) consult with Tribal leaders prior to mak- disabilities and voters with limited English pro- VOTED ABSENTEE BALLOTS. ing the determination; and ficiency. ‘‘(a) REQUIRING USE OF DROP BOXES.—In ‘‘(2) take into account criteria such as the ‘‘(G) The type of voting systems used. each county in the State, each State shall pro- availability of direct-to-door residential mail de- ‘‘(H) The length and complexity of initiatives, vide in-person, secured, and clearly labeled drop livery, the distance and time necessary to travel referenda, and other questions on the ballot. boxes at which individuals may, at any time to the drop box locations (including in inclement ‘‘(I) Such other factors, including relevant de- during the period described in subsection (b), weather), modes of transportation available, mographic factors relating to the population drop off voted absentee ballots in an election for conditions of roads, and the availability (if any) served by the polling place, as the State con- Federal office. of public transportation. siders appropriate. ‘‘(b) MINIMUM PERIOD FOR AVAILABILITY OF ‘‘(g) TIMING OF SCANNING AND PROCESSING OF ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this DROP BOXES.—The period described in this sub- BALLOTS.—For purposes of section 306(e) (relat- subsection may be construed to authorize a section is, with respect to an election, the period ing to the timing of the processing and scanning State to meet the requirements of this subsection which begins 45 days before the date of the elec- of ballots for tabulation), a vote cast using a by closing any polling place, prohibiting an in- tion and which ends at the time the polls close drop box provided under this section shall be dividual from entering a line at a polling place, for the election in the county involved. treated in the same manner as any other vote or refusing to permit an individual who has ar- ‘‘(c) ACCESSIBILITY.— cast during early voting. rived at a polling place prior to closing time ‘‘(1) IN GENERAL.—Each State shall ensure ‘‘(h) POSTING OF INFORMATION.—On or adja- from voting at the polling place. that the drop boxes provided under this section cent to each drop box provided under this sec- ‘‘(4) GUIDELINES.—Not later than 180 days are accessible for use— tion, the State shall post information on the re- after the date of the enactment of this section, ‘‘(A) by individuals with disabilities, as deter- quirements that voted absentee ballots must the Commission shall establish and publish mined in consultation with the protection and meet in order to be counted and tabulated in the guidelines to assist States in meeting the re- advocacy systems (as defined in section 102 of election. quirements of this subsection. the Developmental Disabilities Assistance and ‘‘(i) EFFECTIVE DATE.—This section shall ‘‘(5) EFFECTIVE DATE.—This subsection shall Bill of Rights Act of 2000 (42 U.S.C. 15002)) of apply with respect to the regularly scheduled take effect upon the expiration of the 180-day the State; and general election for Federal office held in No- period which begins on the date of the enact- ‘‘(B) by individuals with limited proficiency in vember 2022 and each succeeding election for ment of this subsection, without regard to the English language. Federal office.’’. whether or not the Commission has established ‘‘(2) DETERMINATION OF ACCESSIBILITY FOR IN- (b) CLERICAL AMENDMENT.—The table of con- and published guidelines under paragraph (4). DIVIDUALS WITH DISABILITIES.—For purposes of tents of such Act, as amended by section 1031(c), ‘‘(b) LIMITING VARIATIONS ON NUMBER OF this subsection, drop boxes shall be considered section 1101(d), section 1611(c), section 1621(c), HOURS OF OPERATION OF POLLING PLACES to be accessible for use by individuals with dis- section 1622(c), section 1623(a), and section WITHIN A STATE.— abilities if the drop boxes meet such criteria as 1906(b), is amended— ‘‘(1) LIMITATION.— the Attorney General may establish for such (1) by redesignating the items relating to sec- ‘‘(A) IN GENERAL.—Except as provided in sub- purposes. paragraph (B) and paragraph (2), each State tions 311 and 312 as relating to sections 312 and ‘‘(3) RULE OF CONSTRUCTION.—If a State pro- 313; and shall establish hours of operation for all polling vides a drop box under this section on the places in the State on the date of any election (2) by inserting after the item relating to sec- grounds of or inside a building or facility which tion 310 the following new item: for Federal office held in the State such that the serves as a polling place for an election during polling place with the greatest number of hours the period described in subsection (b), nothing ‘‘Sec. 311. Use of secured drop boxes for voted of operation on such date is not in operation for in this subsection may be construed to waive absentee ballots.’’. more than 2 hours longer than the polling place any requirements regarding the accessibility of SEC. 1908. PROHIBITING STATES FROM RESTRICT- with the fewest number of hours of operation on such polling place for the use of individuals ING CURBSIDE VOTING. such date. with disabilities or individuals with limited pro- (a) REQUIREMENT.—Subtitle A of title III of ‘‘(B) PERMITTING VARIANCE ON BASIS OF POPU- ficiency in the English language. the Help America Vote Act of 2002 (52 U.S.C. LATION.—Subparagraph (A) does not apply to ‘‘(d) NUMBER OF DROP BOXES.— 21081 et seq.), as amended by section 1031(a), the extent that the State establishes variations ‘‘(1) FORMULA FOR DETERMINATION OF NUM- section 1101(a), section 1611(a), section 1621(a), in the hours of operation of polling places on BER.—The number of drop boxes provided under section 1622(a), section 1623(a), section 1906(a), the basis of the overall population or the voting this section in a county with respect to an elec- and section 1907(a), is amended— age population (as the State may select) of the tion shall be determined as follows: (1) by redesignating sections 312 and 313 as unit of local government in which such polling ‘‘(A) In the case of a county in which the sections 313 and 314; and places are located. number of individuals who are residents of the (2) by inserting after section 311 the following ‘‘(2) EXCEPTIONS FOR POLLING PLACES WITH county and who are registered to vote in the new section: HOURS ESTABLISHED BY UNITS OF LOCAL GOVERN- election is equal to or greater than 20,000, the ‘‘SEC. 312. PROHIBITING STATES FROM RESTRICT- MENT.—Paragraph (1) does not apply in the number of drop boxes shall be a number equal to ING CURBSIDE VOTING. case of a polling place— or greater than the number of such individuals ‘‘(a) PROHIBITION.—A State may not— ‘‘(A) whose hours of operation are established, divided by 20,000 (rounded to the nearest whole ‘‘(1) prohibit any jurisdiction administering in accordance with State law, by the unit of number). an election for Federal office in the State from local government in which the polling place is ‘‘(B) In the case of any other county, the utilizing curbside voting as a method by which located; or number of drop boxes shall be equal to or great- individuals may cast ballots in the election; or ‘‘(B) which is required pursuant to an order er than one. ‘‘(2) impose any restrictions which would ex- by a court to extend its hours of operation be- ‘‘(2) TIMING.—For purposes of this subsection, clude any individual who is eligible to vote in yond the hours otherwise established.’’. the number of individuals who reside in a coun- such an election in a jurisdiction which utilizes (b) CLERICAL AMENDMENT.—The table of con- ty and who are registered to vote in the election curbside voting from casting a ballot in the elec- tents of such Act, as amended by section 1031(c), shall be determined as of the 90th day before the tion by the method of curbside voting. section 1101(d), section 1611(c), section 1621(c), date of the election. ‘‘(b) EFFECTIVE DATE.—This section shall section 1622(c), and section 1623(a), is amend- ‘‘(e) LOCATION OF DROP BOXES.—The State apply with respect to the regularly scheduled ed— shall determine the location of drop boxes pro- general election for Federal office held in No- (1) by redesignating the items relating to sec- vided under this section in a county on the basis vember 2022 and each succeeding election for tions 310 and 311 as relating to sections 311 and of criteria which ensure that the drop boxes Federal office.’’. 312; and are— (b) CLERICAL AMENDMENT.—The table of con- (2) by inserting after the item relating to sec- ‘‘(1) available to all voters on a non-discrimi- tents of such Act, as amended by section 1031(c), tion 309 the following new item: natory basis; section 1101(d), section 1611(c), section 1621(c), ‘‘Sec. 310. Ensuring equitable and efficient op- ‘‘(2) accessible to voters with disabilities (in section 1622(c), section 1623(a), section 1906(b), eration of polling places.’’. accordance with subsection (c)); and section 1907(b), is amended—

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(1) by redesignating the items relating to sec- (C) SPECIAL RULE.—If the violation occurred SEC. 1924. RECOMMENDATIONS TO IMPROVE OP- tions 312 and 313 as relating to sections 313 and within 5 days before the date of an election for ERATIONS OF ELECTION ASSIST- 314; and Federal office, the aggrieved person need not ANCE COMMISSION. (2) by inserting after the item relating to sec- provide notice to the chief election official of the (a) ASSESSMENT OF INFORMATION TECHNOLOGY tion 311 the following new item: State involved under subparagraph (A) before AND CYBERSECURITY.—Not later than December ‘‘Sec. 312. Prohibiting States from restricting bringing a civil action under subparagraph (B). 31, 2021, the Election Assistance Commission curbside voting.’’. (e) DEFINITIONS.— shall carry out an assessment of the security (1) ELECTION FOR FEDERAL OFFICE.—For pur- and effectiveness of the Commission’s informa- SEC. 1909. ELECTION DAY AS LEGAL PUBLIC HOLI- tion technology systems, including the cyberse- DAY. poses of this section, the term ‘‘election for Fed- curity of such systems. (a) IN GENERAL.—Section 6103(a) of title 5, eral office’’ means a general, special, primary, United States Code, is amended by inserting or runoff election for the office of President or (b) IMPROVEMENTS TO ADMINISTRATIVE COM- after the item relating to Columbus Day the fol- Vice President, or of Senator or Representative PLAINT PROCEDURES.— lowing: in, or Delegate or Resident Commissioner to, the (1) REVIEW OF PROCEDURES.—The Election As- ‘‘Election Day, the Tuesday next after the Congress. sistance Commission shall carry out a review of first Monday in November of every even-num- (2) STATE.—For purposes of this section, the the effectiveness and efficiency of the State- bered year.’’. term ‘‘State’’ includes the District of Columbia, based administrative complaint procedures es- (b) EFFECTIVE DATE.—The amendment made the Commonwealth of Puerto Rico, Guam, tablished and maintained under section 402 of by subsection (a) shall apply with respect to the American Samoa, the United States Virgin Is- the Help America Vote Act of 2002 (52 U.S.C. regularly scheduled general elections for Fed- lands, and the Commonwealth of the Northern 21112) for the investigation and resolution of al- eral office held in November 2022 or any suc- Mariana Islands. legations of violations of title III of such Act. ceeding year. (f) EFFECTIVE DATE.—This section shall apply (2) RECOMMENDATIONS TO STREAMLINE PROCE- DURES.—Not later than December 31, 2021, the PART 2—DISASTER AND EMERGENCY with respect to the regularly scheduled general Commission shall submit to Congress a report on CONTINGENCY PLANS election for Federal office held in November 2022 and each succeeding election for Federal office. the review carried out under paragraph (1), and SEC. 1911. REQUIREMENTS FOR FEDERAL ELEC- shall include in the report such recommenda- PART 3—IMPROVEMENTS IN OPERATION TION CONTINGENCY PLANS IN RE- tions as the Commission considers appropriate to SPONSE TO NATURAL DISASTERS OF ELECTION ASSISTANCE COMMISSION AND EMERGENCIES. streamline and improve the procedures which SEC. 1921. REAUTHORIZATION OF ELECTION AS- are the subject of the review. (a) IN GENERAL.— SISTANCE COMMISSION. (1) ESTABLISHMENT.—Not later than 90 days SEC. 1925. REPEAL OF EXEMPTION OF ELECTION Section 210 of the Help America Vote Act of ASSISTANCE COMMISSION FROM after the date of the enactment of this Act, each 2002 (52 U.S.C. 20930) is amended— State and each jurisdiction in a State which is CERTAIN GOVERNMENT CON- (1) by striking ‘‘for each of the fiscal years TRACTING REQUIREMENTS. responsible for administering elections for Fed- 2003 through 2005’’ and inserting ‘‘for fiscal (a) IN GENERAL.—Section 205 of the Help eral office shall establish and make publicly year 2021 and each succeeding fiscal year’’; and available a contingency plan to enable individ- America Vote Act of 2002 (52 U.S.C. 20925) is (2) by striking ‘‘(but not to exceed $10,000,000 amended by striking subsection (e). uals to vote in elections for Federal office dur- for each such year)’’. ing a state of emergency, public health emer- (b) EFFECTIVE DATE.—The amendment made gency, or national emergency which has been SEC. 1922. REQUIRING STATES TO PARTICIPATE by subsection (a) shall apply with respect to IN POST-GENERAL ELECTION SUR- contracts entered into by the Election Assistance declared for reasons including— VEYS. (A) a natural disaster; or Commission on or after the date of the enact- (a) REQUIREMENT.—Title III of the Help Amer- (B) an infectious disease. ment of this Act. ica Vote Act of 2002 (52 U.S.C. 21081 et seq.), as (2) UPDATING.—Each State and jurisdiction PART 4—MISCELLANEOUS PROVISIONS amended by section 1903(a), is further amended shall update the contingency plan established by inserting after section 303A the following SEC. 1931. APPLICATION OF LAWS TO COMMON- under this subsection not less frequently than new section: WEALTH OF NORTHERN MARIANA IS- every 5 years. LANDS. (b) REQUIREMENTS RELATING TO SAFETY.—The ‘‘SEC. 303B. REQUIRING PARTICIPATION IN POST- GENERAL ELECTION SURVEYS. (a) NATIONAL VOTER REGISTRATION ACT OF contingency plan established under subsection 1993.—Section 3(4) of the National Voter Reg- ‘‘(a) REQUIREMENT.—Each State shall furnish (a) shall include initiatives to provide equipment istration Act of 1993 (52 U.S.C. 20502(4)) is to the Commission such information as the Com- and resources needed to protect the health and amended by striking ‘‘States and the District of mission may request for purposes of conducting safety of poll workers and voters when voting in Columbia’’ and inserting ‘‘States, the District of any post-election survey of the States with re- person. Columbia, and the Commonwealth of the North- spect to the administration of a regularly sched- (c) REQUIREMENTS RELATING TO RECRUITMENT ern Mariana Islands’’. uled general election for Federal office. OF POLL WORKERS.—The contingency plan es- (b) HELP AMERICA VOTE ACT OF 2002.— tablished under subsection (a) shall include ini- ‘‘(b) EFFECTIVE DATE.—This section shall (1) COVERAGE OF COMMONWEALTH OF THE tiatives by the chief State election official and apply with respect to the regularly scheduled general election for Federal office held in No- NORTHERN MARIANA ISLANDS.—Section 901 of the local election officials to recruit poll workers Help America Vote Act of 2002 (52 U.S.C. 21141) from resilient or unaffected populations, which vember 2022 and any succeeding election.’’. (b) CLERICAL AMENDMENT.—The table of con- is amended by striking ‘‘and the United States may include— Virgin Islands’’ and inserting ‘‘the United (1) employees of other State and local govern- tents of such Act, as amended by section 1903(c), is further amended by inserting after the item States Virgin Islands, and the Commonwealth of ment offices; and the Northern Mariana Islands’’. (2) in the case in which an infectious disease relating to section 303A the following new item: (2) CONFORMING AMENDMENTS TO HELP AMER- poses significant increased health risks to elder- ‘‘Sec. 303B. Requiring participation in post- ICA VOTE ACT OF 2002.—Such Act is further ly individuals, students of secondary schools general election surveys.’’. amended as follows: and institutions of higher education in the SEC. 1923. REPORTS BY NATIONAL INSTITUTE OF (A) The second sentence of section 213(a)(2) State. STANDARDS AND TECHNOLOGY ON (52 U.S.C. 20943(a)(2)) is amended by striking (d) ENFORCEMENT.— USE OF FUNDS TRANSFERRED FROM ‘‘and American Samoa’’ and inserting ‘‘Amer- (1) ATTORNEY GENERAL.—The Attorney Gen- ELECTION ASSISTANCE COMMIS- eral may bring a civil action against any State SION. ican Samoa, and the Commonwealth of the or jurisdiction in an appropriate United States (a) REQUIRING REPORTS ON USE FUNDS AS Northern Mariana Islands’’. District Court for such declaratory and injunc- CONDITION OF RECEIPT.—Section 231 of the Help (B) Section 252(c)(2) (52 U.S.C. 21002(c)(2)) is tive relief (including a temporary restraining America Vote Act of 2002 (52 U.S.C. 20971) is amended by striking ‘‘or the United States Vir- order, a permanent or temporary injunction, or amended by adding at the end the following gin Islands’’ and inserting ‘‘the United States other order) as may be necessary to carry out new subsection: Virgin Islands, or the Commonwealth of the the requirements of this section. ‘‘(e) REPORT ON USE OF FUNDS TRANSFERRED Northern Mariana Islands’’. (2) PRIVATE RIGHT OF ACTION.— FROM COMMISSION.—To the extent that funds (3) CONFORMING AMENDMENT RELATING TO (A) IN GENERAL.—In the case of a violation of are transferred from the Commission to the Di- CONSULTATION OF HELP AMERICA VOTE FOUNDA- this section, any person who is aggrieved by rector of the National Institute of Standards TION WITH LOCAL ELECTION OFFICIALS.—Section such violation may provide written notice of the and Technology for purposes of carrying out 90102(c) of title 36, United States Code, is violation to the chief election official of the this section during any fiscal year, the Director amended by striking ‘‘and the United States State involved. may not use such funds unless the Director cer- Virgin Islands’’ and inserting ‘‘the United (B) RELIEF.—If the violation is not corrected tifies at the time of transfer that the Director States Virgin Islands, and the Commonwealth of within 20 days after receipt of a notice under will submit a report to the Commission not later the Northern Mariana Islands’’. subparagraph (A), or within 5 days after receipt than 90 days after the end of the fiscal year de- SEC. 1932. DEFINITION OF ELECTION FOR FED- of the notice if the violation occurred within 120 tailing how the Director used such funds during ERAL OFFICE. days before the date of an election for Federal the year.’’. (a) DEFINITION.—Title IX of the Help America office, the aggrieved person may, in a civil ac- (b) EFFECTIVE DATE.—The amendment made Vote Act of 2002 (52 U.S.C. 21141 et seq.) is tion, obtain declaratory or injunctive relief with by subsection (a) shall apply with respect to fis- amended by adding at the end the following respect to the violation. cal year 2022 and each succeeding fiscal year. new section:

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‘‘SEC. 907. ELECTION FOR FEDERAL OFFICE DE- PART 1—REQUIREMENTS FOR CONGRESSIONAL (1) The right to vote for all Americans is a FINED. REDISTRICTING fundamental right guaranteed by the United ‘‘For purposes of titles I through III, the term Sec. 2401. Requiring congressional redistricting States Constitution. ‘election for Federal office’ means a general, to be conducted through plan of (2) Federal, State, and local governments special, primary, or runoff election for the office independent State commission. should protect the right to vote and promote of President or Vice President, or of Senator or Sec. 2402. Ban on mid-decade redistricting. voter participation across all demographics. Representative in, or Delegate or Resident Com- Sec. 2403. Criteria for redistricting. (3) The Voting Rights Act has empowered the missioner to, the Congress.’’. Department of Justice and Federal courts for PART 2—INDEPENDENT REDISTRICTING LERICAL MENDMENT nearly a half a century to block discriminatory (b) C A .—The table of con- COMMISSIONS tents of such Act is amended by adding at the voting practices before their implementation in end of the items relating to title IX the following Sec. 2411. Independent redistricting commission. States and localities with the most troubling his- Sec. 2412. Establishment of selection pool of in- new item: tories, ongoing records of racial discrimination, dividuals eligible to serve as mem- and demonstrations of lower participation rates ‘‘Sec. 907. Election for Federal office defined.’’. bers of commission. for protected classes. SEC. 1933. NO EFFECT ON OTHER LAWS. Sec. 2413. Public notice and input. (4) There continues to be an alarming move- (a) IN GENERAL.—Except as specifically pro- Sec. 2414. Establishment of related entities. ment to erect barriers to make it more difficult vided, nothing in this title may be construed to Sec. 2415. Report on diversity of memberships of for Americans to participate in our Nation’s authorize or require conduct prohibited under independent redistricting commis- democratic process. The Nation has witnessed any of the following laws, or to supersede, re- sions. unprecedented efforts to turn back the clock strict, or limit the application of such laws: PART 3—ROLE OF COURTS IN DEVELOPMENT OF and enact suppressive laws that block access to (1) The Voting Rights Act of 1965 (52 U.S.C. REDISTRICTING PLANS the franchise for communities of color which 10301 et seq.). Sec. 2421. Enactment of plan developed by 3- have faced historic and continuing discrimina- (2) The Voting Accessibility for the Elderly judge court. tion, as well as disabled, young, elderly, and and Handicapped Act (52 U.S.C. 20101 et seq.). Sec. 2422. Special rule for redistricting con- low-income Americans. (3) The Uniformed and Overseas Citizens Ab- ducted under order of Federal (5) The Supreme Court’s decision in Shelby sentee Voting Act (52 U.S.C. 20301 et seq.). court. County v. Holder (570 U.S. 529 (2013)), gutted (4) The National Voter Registration Act of decades-long Federal protections for commu- PART 4—ADMINISTRATIVE AND MISCELLANEOUS nities of color and language-minority popu- 1993 (52 U.S.C. 20501 et seq.). PROVISIONS (5) The Americans with Disabilities Act of 1990 lations facing ongoing discrimination, Sec. 2431. Payments to States for carrying out (42 U.S.C. 12101 et seq.). emboldening States and local jurisdictions to redistricting. (6) The Rehabilitation Act of 1973 (29 U.S.C. pass voter suppression laws and implement pro- Sec. 2432. Civil enforcement. 701 et seq.). cedures, like those requiring photo identifica- Sec. 2433. State apportionment notice defined. tion, limiting early voting hours, eliminating (b) NO EFFECT ON PRECLEARANCE OR OTHER Sec. 2434. No effect on elections for State and same-day registration, purging voters from the REQUIREMENTS UNDER VOTING RIGHTS ACT.— local office. rolls, and reducing the number of polling places. The approval by any person of a payment or Sec. 2435. Effective date. (6) Racial discrimination in voting is a clear grant application under this title, or any other PART 5—REQUIREMENTS FOR REDISTRICTING and persistent problem. The actions of States action taken by any person under this title, CARRIED OUT PURSUANT TO 2020 CENSUS and localities around the country post-Shelby shall not be considered to have any effect on re- County, including at least 10 findings by Fed- quirements for preclearance under section 5 of SUBPART A—APPLICATION OF CERTAIN REQUIRE- MENTS FOR REDISTRICTING CARRIED OUT PUR- eral courts of intentional discrimination, under- the Voting Rights Act of 1965 (52 U.S.C. 10304) scored the need for Congress to conduct inves- SUANT TO 2020 CENSUS or any other requirements of such Act. tigatory and evidentiary hearings to determine (c) NO EFFECT ON AUTHORITY OF STATES TO Sec. 2441. Application of certain requirements the legislation necessary to restore the Voting PROVIDE GREATER OPPORTUNITIES FOR VOT- for redistricting carried out pur- Rights Act and combat continuing efforts in ING.—Nothing in this title or the amendments suant to 2020 Census. America that suppress the free exercise of the made by this title may be construed to prohibit Sec. 2442. Triggering events. franchise in Black and other communities of any State from enacting any law which provides SUBPART B—INDEPENDENT REDISTRICTING COM- color. greater opportunities for individuals to register MISSIONS FOR REDISTRICTING CARRIED OUT (7) Evidence of discriminatory voting practice to vote and to vote in elections for Federal office PURSUANT TO 2020 CENSUS spans from decades ago through to the past sev- than are provided by this title and the amend- Sec. 2451. Use of independent redistricting com- eral election cycles. The 2018 midterm elections, ments made by this title. missions for redistricting carried for example, demonstrated ongoing discrimina- Subtitle O—Severability out pursuant to 2020 Census. tion in voting. (8) During the 116th Congress, congressional SEC. 1941. SEVERABILITY. Sec. 2452. Establishment of selection pool of in- committees in the House of Representatives held If any provision of this title or amendment dividuals eligible to serve as mem- numerous hearings, collecting substantial testi- made by this title, or the application of a provi- bers of commission. mony and other evidence which underscored the sion or amendment to any person or cir- Sec. 2453. Criteria for redistricting plan; public need to pass a restoration of the Voting Rights cumstance, is held to be unconstitutional, the notice and input. Act. remainder of this title and amendments made by Sec. 2454. Establishment of related entities. Sec. 2455. Report on diversity of memberships of (9) On December 6, 2019, the House of Rep- this title, and the application of the provisions independent redistricting commis- resentatives passed the John R. Lewis Voting and amendment to any person or circumstance, sions. Rights Advancement Act, which would restore shall not be affected by the holding. Subtitle F—Saving Eligible Voters From Voter and modernize the Voting Rights Act, in accord- TITLE II—ELECTION INTEGRITY Purging ance with language from the Shelby County de- Subtitle A—Findings Reaffirming Commitment cision. Congress reaffirms that the barriers faced Sec. 2501. Short title. by too many voters across this Nation when try- of Congress to Restore the Voting Rights Act Sec. 2502. Conditions for removal of voters from ing to cast their ballot necessitate reintroduction Sec. 2001. Findings reaffirming commitment of list of registered voters. of many of the protections once afforded by the Congress to restore the Voting Subtitle G—No Effect on Authority of States To Rights Act. Voting Rights Act. Provide Greater Opportunities for Voting (10) The 2020 primary and general elections Subtitle B—Findings Relating to Native Sec. 2601. No effect on authority of States to provide further evidence that systemic voter dis- American Voting Rights provide greater opportunities for crimination and intimidation continues to occur Sec. 2101. Findings relating to Native American voting. in communities of color across the country, mak- voting rights. Subtitle H—Residence of Incarcerated ing it clear that full access to the franchise will Subtitle C—Findings Relating to District of Individuals not be achieved until Congress restores key pro- Columbia Statehood visions of the Voting Rights Act. Sec. 2701. Residence of incarcerated individ- (11) As of late-February 2021, 43 States had Sec. 2201. Findings relating to District of Co- uals. introduced, prefiled, or carried over 253 bills to lumbia statehood. Subtitle I—Findings Relating to Youth Voting restrict voting access that, primarily, limit mail Subtitle D—Territorial Voting Rights Sec. 2801. Findings relating to youth voting. voting access, impose stricter voter ID require- Sec. 2301. Findings relating to territorial voting Subtitle J—Severability ments, slash voter registration opportunities, rights. Sec. 2901. Severability. and/or enable more aggressive voter roll purges. Sec. 2302. Congressional Task Force on Voting (b) PURPOSES.—The purposes of this Act are Subtitle A—Findings Reaffirming Commit- Rights of United States Citizen as follows: ment of Congress to Restore the Voting Residents of Territories of the (1) To improve access to the ballot for all citi- Rights Act United States. zens. SEC. 2001. FINDINGS REAFFIRMING COMMITMENT (2) To establish procedures by which States Subtitle E—Redistricting Reform OF CONGRESS TO RESTORE THE and localities, in accordance with past actions, Sec. 2400. Short title; finding of constitutional VOTING RIGHTS ACT. submit voting practice changes for preclearance authority. (a) FINDINGS.—Congress finds the following: by the Federal Government.

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H917 (3) To enhance the integrity and security of (6) The District of Columbia has a larger pop- (6) One Member of the House of Representa- our voting systems. ulation than 2 States (Wyoming and Vermont), tives, who shall be appointed by the minority (4) To ensure greater accountability for the and 6 States have a population under one mil- leader of the House of Representatives, in co- administration of elections by States and local- lion. ordination with the ranking minority member of ities. (7) The District of Columbia has a larger the Committee on House Administration of the (5) To restore protections for voters against budget than 12 States. House of Representatives. practices in States and localities plagued by the (8) The Constitution of the United States gives (7) One Member of the Senate, who shall be persistence of voter disenfranchisement. Congress the authority to admit new States appointed by the majority leader of the Senate, (6) To ensure that Federal civil rights laws (clause 1, section 3, article IV) and reduce the in coordination with the Chairman of the Com- protect the rights of voters against discrimina- size of the seat of the Government of the United mittee on Energy and Natural Resources of the tory and deceptive practices. States (clause 17, section 8, article I). All 37 new Senate. Subtitle B—Findings Relating to Native States have been admitted by an Act of Con- (8) One Member of the Senate, who shall be American Voting Rights gress, and Congress has previously reduced the appointed by the majority leader of the Senate, size of the seat of the Government of the United in coordination with the Chairman of the Com- SEC. 2101. FINDINGS RELATING TO NATIVE AMER- ICAN VOTING RIGHTS. States. mittee on the Judiciary of the Senate. (9) One Member of the Senate, who shall be Congress finds the following: (9) On June 26, 2020, by a vote of 232–180, the appointed by the majority leader of the Senate, (1) The right to vote for all Americans is sa- House of Representatives passed H.R. 51, the in coordination with the Chairman of the Com- cred. Congress must fulfill the Federal Govern- Washington, D.C. Admission Act, which would mittee on Rules and Administration of the Sen- ment’s trust responsibility to protect and pro- have admitted the State of Washington, Doug- ate. mote Native Americans’ exercise of their funda- lass Commonwealth from the residential por- (10) One Member of the Senate, who shall be mental right to vote, including equal access to tions of the District of Columbia and reduced appointed by the minority leader of the Senate, voter registration voting mechanisms and loca- the size of the seat of the Government of the in coordination with the ranking minority mem- tions, and the ability to serve as election offi- United States to the United States Capitol, the ber of the Committee on Energy and Natural Re- cials. White House, the United States Supreme Court, sources of the Senate. (2) The Native American Voting Rights Coali- the National Mall, and the principal Federal monuments and buildings. (11) One Member of the Senate, who shall be tion’s four-State survey of voter discrimination appointed by the minority leader of the Senate, Subtitle D—Territorial Voting Rights (2016) and nine field hearings in Indian Country in coordination with the ranking minority mem- (2017–2018) revealed obstacles that Native Ameri- SEC. 2301. FINDINGS RELATING TO TERRITORIAL ber of the Committee on the Judiciary of the cans must overcome, including a lack of acces- VOTING RIGHTS. Senate. sible and proximate registration and polling Congress finds the following: (12) One Member of the Senate, who shall be sites, nontraditional addresses for residents on (1) The right to vote is one of the most power- appointed by the minority leader of the Senate, Indian reservations, inadequate language assist- ful instruments residents of the territories of the in coordination with the ranking minority mem- ance for Tribal members, and voter identifica- United States have to ensure that their voices ber of the Committee on Rules and Administra- tion laws that discriminate against Native are heard. tion of the Senate. (2) These Americans have played an impor- Americans. The Department of Justice and (c) DEADLINE FOR APPOINTMENT.—All ap- courts have recognized that some jurisdictions tant part in the American democracy for more pointments to the Task Force shall be made not have been unresponsive to reasonable requests than 120 years. later than 30 days after the date of enactment of (3) Political participation and the right to vote from federally recognized Indian Tribes for more this Act. accessible and proximate voter registration sites are among the highest concerns of territorial (d) CHAIR.—The Speaker shall designate one and in-person voting locations. residents in part because they were not always Member to serve as chair of the Task Force. (3) The 2018 midterm and 2020 general elec- afforded these rights. (e) VACANCIES.—Any vacancy in the Task tions provide further evidence that systemic (4) Voter participation in the territories con- Force shall be filled in the same manner as the voter discrimination and intimidation continues sistently ranks higher than many communities original appointment. to occur in communities of color and Tribal on the mainland. (f) STATUS UPDATE.—Between September 1, lands across the country, making it clear that (5) Territorial residents serve and die, on a per 2021, and September 30, 2021, the Task Force democracy reform cannot be achieved until Con- capita basis, at a higher rate in every United shall provide a status update to the House of gress restores key provisions of the Voting States war and conflict since WWI, as an ex- Representatives and the Senate that includes— Rights Act and passes additional protections. pression of their commitment to American demo- (1) information the Task Force has collected; (4) Congress has broad, plenary authority to cratic principles and patriotism. and enact legislation to safeguard the voting rights SEC. 2302. CONGRESSIONAL TASK FORCE ON VOT- (2) a discussion on matters that the chairman of Native American voters. ING RIGHTS OF UNITED STATES CIT- of the Task Force deems urgent for consider- (5) Congress must conduct investigatory and IZEN RESIDENTS OF TERRITORIES ation by Congress. OF THE UNITED STATES. evidentiary hearings to determine the necessary (g) REPORT.—Not later than December 31, (a) ESTABLISHMENT.—There is established legislation to restore the Voting Rights Act and 2021, the Task Force shall issue a report of its within the legislative branch a Congressional combat continuous efforts that suppress the findings to the House of Representatives and the Task Force on Voting Rights of United States voter franchise within Tribal lands, to include, Senate regarding— Citizen Residents of Territories of the United but not to be limited to, the Native American (1) the economic and societal consequences States (in this section referred to as the ‘‘Task Voting Rights Act (NAVRA) and the Voting (through statistical data and other metrics) that Force’’). Rights Advancement Act (VRAA). come with political disenfranchisement of (b) MEMBERSHIP.—The Task Force shall be United States citizens in territories of the United Subtitle C—Findings Relating to District of composed of 12 members as follows: States; Columbia Statehood (1) One Member of the House of Representa- (2) impediments to full and equal voting rights SEC. 2201. FINDINGS RELATING TO DISTRICT OF tives, who shall be appointed by the Speaker of for United States citizens who are residents of COLUMBIA STATEHOOD. the House of Representatives, in coordination territories of the United States in Federal elec- Congress finds the following: with the Chairman of the Committee on Natural tions, including the election of the President (1) The 705,000 District of Columbia residents Resources of the House of Representatives. and Vice President of the United States; deserve voting representation in Congress and (2) One Member of the House of Representa- (3) impediments to full and equal voting rep- local self-government, which only statehood can tives, who shall be appointed by the Speaker of resentation in the House of Representatives for provide. the House of Representatives, in coordination United States citizens who are residents of terri- (2) The United States is the only democratic with the Chairman of the Committee on the Ju- tories of the United States; country that denies both voting representation diciary of the House of Representatives. (4) recommended changes that, if adopted, in the national legislature and local self-govern- (3) One Member of the House of Representa- would allow for full and equal voting rights for ment to the residents of its Nation’s capital. tives, who shall be appointed by the Speaker of United States citizens who are residents of terri- (3) There are no constitutional, historical, fis- the House of Representatives, in coordination tories of the United States in Federal elections, cal, or economic reasons why the Americans with the Chairman of the Committee on House including the election of the President and Vice who live in the District of Columbia should not Administration of the House of Representatives. President of the United States; be granted statehood. (4) One Member of the House of Representa- (5) recommended changes that, if adopted, (4) Since the founding of the United States, tives, who shall be appointed by the minority would allow for full and equal voting represen- the residents of the District of Columbia have leader of the House of Representatives, in co- tation in the House of Representatives for always carried all of the obligations of citizen- ordination with the ranking minority member of United States citizens who are residents of terri- ship, including serving in all of the Nation’s the Committee on Natural Resources of the tories of the United States; and wars and paying Federal taxes, but have been House of Representatives. (6) additional information the Task Force denied voting representation in Congress and (5) One Member of the House of Representa- deems appropriate. freedom from congressional interference in pure- tives, who shall be appointed by the minority (h) CONSENSUS VIEWS.—To the greatest extent ly local matters. leader of the House of Representatives, in co- practicable, the report issued under subsection (5) The District of Columbia pays more Fed- ordination with the ranking minority member of (g) shall reflect the shared views of all 12 Mem- eral taxes per capita than any State and more the Committee on the Judiciary of the House of bers, except that the report may contain dis- Federal taxes than 22 States. Representatives. senting views.

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(i) HEARINGS AND SESSIONS.—The Task Force dividuals who are or have been candidates for cluding by creating any districts where two or may, for the purpose of carrying out this sec- elected public office, and individuals who serve more politically cohesive groups protected by tion, hold hearings, sit and act at times and or have served as an officer, employee, or paid such Act are able to elect representatives of places, take testimony, and receive evidence as consultant of a campaign committee of a can- choice in coalition with one another, and all ap- the Task Force considers appropriate. didate for public office are disqualified from plicable Federal laws. (j) STAKEHOLDER PARTICIPATION.—In carrying serving on the commission. (3) Districts shall be drawn, to the extent that out its duties, the Task Force shall consult with (3) SCREENING FOR CONFLICTS.—Individuals the totality of the circumstances warrant, to en- the governments of American Samoa, Guam, the who apply to serve on the commission are sure the practical ability of a group protected Commonwealth of the Northern Mariana Is- screened through a process that excludes per- under the Voting Rights Act of 1965 (52 U.S.C. lands, the Commonwealth of Puerto Rico, and sons with conflicts of interest from the pool of 10301 et seq.) to participate in the political proc- the United States Virgin Islands. potential commissioners. ess and to nominate candidates and to elect rep- (k) RESOURCES.—The Task Force shall carry (4) MULTI-PARTISAN COMPOSITION.—Member- resentatives of choice is not diluted or dimin- out its duties by utilizing existing facilities, ship on the commission represents those who are ished, regardless of whether or not such pro- services, and staff of the House of Representa- affiliated with the two political parties whose tected group constitutes a majority of a district’s tives and the Senate. candidates received the most votes in the most citizen voting age population. (l) TERMINATION.—The Task Force shall ter- recent statewide election for Federal office held (4) Districts shall respect communities of inter- minate upon issuing the report required under in the State, as well as those who are unaffili- est, neighborhoods, and political subdivisions to subsection (g). ated with any party or who are affiliated with the extent practicable and after compliance with Subtitle E—Redistricting Reform political parties other than the two political the requirements of paragraphs (1) through (3). parties whose candidates received the most votes A community of interest is defined as an area SEC. 2400. SHORT TITLE; FINDING OF CONSTITU- in the most recent statewide election for Federal TIONAL AUTHORITY. with recognized similarities of interests, includ- office held in the State. ing but not limited to ethnic, racial, economic, (a) SHORT TITLE.—This subtitle may be cited (5) CRITERIA FOR REDISTRICTING.—Members of tribal, social, cultural, geographic or historic as the ‘‘Redistricting Reform Act of 2021’’. the commission are required to meet certain cri- identities. The term communities of interest may, (b) FINDING OF CONSTITUTIONAL AUTHORITY.— teria in the map drawing process, including Congress finds that it has the authority to es- in certain circumstances, include political sub- minimizing the division of communities of inter- tablish the terms and conditions States must fol- divisions such as counties, municipalities, tribal est and a ban on drawing maps to favor a polit- low in carrying out congressional redistricting lands and reservations, or school districts, but ical party. shall not include common relationships with po- after an apportionment of Members of the House (6) PUBLIC INPUT.—Public hearings are held of Representatives because— litical parties or political candidates. and comments from the public are accepted be- (b) NO FAVORING OR DISFAVORING OF POLIT- (1) the authority granted to Congress under fore a final map is approved. ICAL PARTIES.— article I, section 4 of the Constitution of the (7) BROAD-BASED SUPPORT FOR APPROVAL OF (1) PROHIBITION.—The redistricting plan en- United States gives Congress the power to enact FINAL PLAN.—The approval of the final redis- acted by a State shall not, when considered on laws governing the time, place, and manner of tricting plan requires a majority vote of the a Statewide basis, be drawn with the intent or elections for Members of the House of Represent- members of the commission, including the sup- the effect of unduly favoring or disfavoring any atives; and port of at least one member of each of the fol- political party. (2) the authority granted to Congress under lowing: (2) DETERMINATION OF EFFECT.— section 5 of the fourteenth amendment to the (A) Members who are affiliated with the polit- (A) TOTALITY OF CIRCUMSTANCES.—For pur- Constitution gives Congress the power to enact ical party whose candidate received the most poses of paragraph (1), the determination of laws to enforce section 2 of such amendment, votes in the most recent statewide election for whether a redistricting plan has the effect of which requires Representatives to be appor- Federal office held in the State. unduly favoring or disfavoring a political party tioned among the several States according to (B) Members who are affiliated with the polit- shall be based on the totality of circumstances, their number. ical party whose candidate received the second including evidence regarding the durability and PART 1—REQUIREMENTS FOR most votes in the most recent statewide election severity of a plan’s partisan bias. CONGRESSIONAL REDISTRICTING for Federal office held in the State. (B) PLANS DEEMED TO HAVE EFFECT OF UN- (C) Members who are not affiliated with any SEC. 2401. REQUIRING CONGRESSIONAL REDIS- DULY FAVORING OR DISFAVORING A POLITICAL TRICTING TO BE CONDUCTED political party or who are affiliated with polit- PARTY.—Without limiting other ways in which a THROUGH PLAN OF INDEPENDENT ical parties other than the political parties de- redistricting plan may be determined to have the STATE COMMISSION. scribed in subparagraphs (A) and (B). effect of unduly favoring or disfavoring a polit- (a) USE OF PLAN REQUIRED.—Notwithstanding (d) TREATMENT OF STATE OF IOWA.—Sub- ical party under the totality of circumstances any other provision of law, and except as pro- section (a) does not apply to the State of Iowa, under subparagraph (A), a redistricting plan vided in subsection (c) and subsection (d), any so long as congressional redistricting in such shall be deemed to have the effect of unduly fa- congressional redistricting conducted by a State State is carried out in accordance with a plan voring or disfavoring a political party if— shall be conducted in accordance with— developed by the Iowa Legislative Services (i) modeling based on relevant historical vot- (1) the redistricting plan developed and en- Agency with the assistance of a Temporary Re- ing patterns shows that the plan is statistically acted into law by the independent redistricting districting Advisory Commission, under law likely to result in a partisan bias of more than commission established in the State, in accord- which was in effect for the most recent congres- one seat in States with 20 or fewer congressional ance with part 2; or sional redistricting carried out in the State prior districts or a partisan bias of more than 2 seats (2) if a plan developed by such commission is to the date of the enactment of this Act and in States with more than 20 congressional dis- not enacted into law, the redistricting plan de- which remains in effect continuously on and tricts, as determined using quantitative meas- veloped and enacted into law by a 3-judge after the date of the enactment of this Act. ures of partisan fairness, which may include, court, in accordance with section 2421. SEC. 2402. BAN ON MID-DECADE REDISTRICTING. but are not limited to, the seats-to-votes curve (b) CONFORMING AMENDMENT.—Section 22(c) A State that has been redistricted in accord- for an enacted plan, the efficiency gap, the dec- of the Act entitled ‘‘An Act to provide for the ance with this subtitle and a State described in lination, partisan asymmetry, and the mean-me- fifteenth and subsequent decennial censuses section 2401(c) or section 2401(d) may not be re- dian difference, and and to provide for an apportionment of Rep- districted again until after the next apportion- (ii) alternative plans, which may include, but resentatives in Congress’’, approved June 18, ment of Representatives under section 22(a) of are not limited to, those generated by redis- 1929 (2 U.S.C. 2a(c)), is amended by striking ‘‘in the Act entitled ‘‘An Act to provide for the fif- tricting algorithms, exist that could have com- the manner provided by the law thereof’’ and teenth and subsequent decennial censuses and plied with the requirements of law and not been inserting: ‘‘in the manner provided by the Re- to provide for an apportionment of Representa- in violation of paragraph (1). districting Reform Act of 2021’’. tives in Congress’’, approved June 18, 1929 (2 (3) DETERMINATION OF INTENT.—For purposes (c) SPECIAL RULE FOR EXISTING COMMIS- U.S.C. 2a), unless a court requires the State to of paragraph (A), a rebuttable presumption SIONS.—Subsection (a) does not apply to any conduct such subsequent redistricting to comply shall exist that a redistricting plan enacted by State in which, under law in effect continuously with the Constitution of the United States, the the legislature of a State was not enacted with on and after the date of the enactment of this Voting Rights Act of 1965 (52 U.S.C. 10301 et the intent of unduly favoring or disfavoring a Act, congressional redistricting is carried out in seq.), the Constitution of the State, or the terms political party if the plan was enacted with the accordance with a plan developed and approved or conditions of this subtitle. support of at least a third of the members of the by an independent redistricting commission SEC. 2403. CRITERIA FOR REDISTRICTING. second largest political party in each house of which is in compliance with each of the fol- (a) CRITERIA.—Under the redistricting plan of the legislature. lowing requirements: a State, there shall be established single-member (4) NO VIOLATION BASED ON CERTAIN CRI- (1) PUBLICLY AVAILABLE APPLICATION PROC- congressional districts using the following cri- TERIA.—No redistricting plan shall be found to ESS.—Membership on the commission is open to teria as set forth in the following order of pri- be in violation of paragraph (1) because of par- citizens of the State through a publicly avail- ority: tisan bias attributable to the application of the able application process. (1) Districts shall comply with the United criteria set forth in paragraphs (1), (2), or (3) of (2) DISQUALIFICATIONS FOR GOVERNMENT SERV- States Constitution, including the requirement subsection (a), unless one or more alternative ICE AND POLITICAL APPOINTMENT.—Individuals that they equalize total population. plans could have complied with such para- who, for a covered period of time as established (2) Districts shall comply with the Voting graphs without having the effect of unduly fa- by the State, hold or have held public office, in- Rights Act of 1965 (52 U.S.C. 10301 et seq.), in- voring or disfavoring a political party.

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(c) FACTORS PROHIBITED FROM CONSIDER- (B) ENSURING DIVERSITY.—In appointing the 9 egory of the approved selection pool described in ATION.—In developing the redistricting plan for members pursuant to subparagraph (B) of para- section 2412(b)(1)(C) to serve as chair of the the State, the independent redistricting commis- graph (1), as well as in designating alternates commission. The commission may not take any sion may not take into consideration any of the pursuant to subparagraph (B) of paragraph (3) action to develop a redistricting plan for the following factors, except to the extent necessary and in appointing alternates to fill vacancies State under section 2413 until the appointment to comply with the criteria described in para- pursuant to subparagraph (B) of paragraph (4), of the commission’s chair. graphs (1) through (3) of subsection (a), sub- the first members of the independent redis- (2) REQUIRING MAJORITY APPROVAL FOR AC- section (b), and to enable the redistricting plan tricting commission shall ensure that the mem- TIONS.—The independent redistricting commis- to be measured against the external metrics de- bership is representative of the demographic sion of a State may not publish and disseminate scribed in section 2413(d): groups (including racial, ethnic, economic, and any draft or final redistricting plan, or take any (1) The residence of any Member of the House gender) and geographic regions of the State, other action, without the approval of at least— of Representatives or candidate. and provides racial, ethnic, and language mi- (A) a majority of the whole membership of the (2) The political party affiliation or voting norities protected under the Voting Rights Act commission; and history of the population of a district. of 1965 with a meaningful opportunity to par- (B) at least one member of the commission ap- (d) APPLICABILITY.—This section applies to ticipate in the development of the State’s redis- pointed from each of the categories of the ap- any authority, whether appointed, elected, judi- tricting plan. proved selection pool described in section cial, or otherwise, that designs or enacts a con- (3) DESIGNATION OF ALTERNATES TO SERVE IN 2412(b)(1). gressional redistricting plan of a State. CASE OF VACANCIES.— (3) QUORUM.—A majority of the members of (e) SEVERABILITY OF CRITERIA.—If any of the (A) MEMBERS APPOINTED BY AGENCY.—At the the commission shall constitute a quorum. (c) STAFF; CONTRACTORS.— criteria set forth in this section, or the applica- time the agency appoints the members of the (1) STAFF.—Under a public application proc- independent redistricting commission under sub- tion of such criteria to any person or cir- ess in which all application materials are avail- paragraph (A) of paragraph (1) from each of the cumstance, is held to be unconstitutional, the able for public inspection, the independent re- categories referred to in such subparagraph, the remaining criteria set forth in this section, and districting commission of a State shall appoint agency shall, on a random basis, designate 2 the application of such criteria to any person or and set the pay of technical experts, legal coun- other individuals from such category to serve as circumstance, shall not be affected by the hold- sel, consultants, and such other staff as it con- alternate members who may be appointed to fill ing. siders appropriate, subject to State law. vacancies in the commission in accordance with PART 2—INDEPENDENT REDISTRICTING (2) CONTRACTORS.—The independent redis- COMMISSIONS paragraph (4). tricting commission of a State may enter into (B) MEMBERS APPOINTED BY FIRST MEMBERS.— such contracts with vendors as it considers ap- SEC. 2411. INDEPENDENT REDISTRICTING COM- At the time the members appointed by the agen- propriate, subject to State law, except that any MISSION. cy appoint the other members of the inde- such contract shall be valid only if approved by (a) APPOINTMENT OF MEMBERS.— pendent redistricting commission under sub- the vote of a majority of the members of the (1) IN GENERAL.—The nonpartisan agency es- paragraph (B) of paragraph (1) from each of the commission, including at least one member ap- tablished or designated by a State under section categories referred to in such subparagraph, the pointed from each of the categories of the ap- 2414(a) shall establish an independent redis- members shall, in accordance with the special proved selection pool described in section tricting commission for the State, which shall rules described in paragraph (2), designate 2 2412(b)(1). consist of 15 members appointed by the agency other individuals from such category to serve as (3) REPORTS ON EXPENDITURES FOR POLITICAL as follows: alternate members who may be appointed to fill ACTIVITY.— (A) Not later than October 1 of a year ending vacancies in the commission in accordance with in the numeral zero, the agency shall, at a pub- (A) REPORT BY APPLICANTS.—Each individual paragraph (4). who applies for a position as an employee of the lic meeting held not earlier than 15 days after (4) APPOINTMENT OF ALTERNATES TO SERVE IN notice of the meeting has been given to the pub- independent redistricting commission and each CASE OF VACANCIES.— vendor who applies for a contract with the com- lic, first appoint 6 members as follows: (A) MEMBERS APPOINTED BY AGENCY.—If a va- mission shall, at the time of applying, file with (i) The agency shall appoint 2 members on a cancy occurs in the commission with respect to the commission a report summarizing— random basis from the majority category of the a member who was appointed by the non- approved selection pool (as described in section (i) any expenditure for political activity made partisan agency under subparagraph (A) of by such individual or vendor during the 10 most 2412(b)(1)(A)). paragraph (1) from one of the categories referred (ii) The agency shall appoint 2 members on a recent calendar years; and to in such subparagraph, the agency shall fill (ii) any income received by such individual or random basis from the minority category of the the vacancy by appointing, on a random basis, vendor during the 10 most recent calendar years approved selection pool (as described in section one of the 2 alternates from such category who which is attributable to an expenditure for polit- 2412(b)(1)(B)). was designated under subparagraph (A) of ical activity. (iii) The agency shall appoint 2 members on a paragraph (3). At the time the agency appoints (B) ANNUAL REPORTS BY EMPLOYEES AND VEN- random basis from the independent category of an alternate to fill a vacancy under the pre- DORS.—Each person who is an employee or ven- the approved selection pool (as described in sec- vious sentence, the agency shall designate, on a dor of the independent redistricting commission tion 2412(b)(1)(C)). random basis, another individual from the same shall, not later than one year after the person (B) Not later than November 15 of a year end- category to serve as an alternate member, in ac- is appointed as an employee or enters into a ing in the numeral zero, the members appointed cordance with subparagraph (A) of paragraph contract as a vendor (as the case may be) and by the agency under subparagraph (A) shall, at (3). annually thereafter for each year during which a public meeting held not earlier than 15 days (B) MEMBERS APPOINTED BY FIRST MEMBERS.— the person serves as an employee or a vendor, after notice of the meeting has been given to the If a vacancy occurs in the commission with re- file with the commission a report summarizing public, then appoint 9 members as follows: spect to a member who was appointed by the the expenditures and income described in sub- (i) The members shall appoint 3 members from first members of the commission under subpara- paragraph (A) during the 10 most recent cal- the majority category of the approved selection graph (B) of paragraph (1) from one of the cat- endar years. pool (as described in section 2412(b)(1)(A)). egories referred to in such subparagraph, the (C) EXPENDITURE FOR POLITICAL ACTIVITY DE- (ii) The members shall appoint 3 members from first members shall, in accordance with the spe- FINED.—In this paragraph, the term ‘‘expendi- the minority category of the approved selection cial rules described in paragraph (2), fill the va- ture for political activity’’ means a disbursement pool (as described in section 2412(b)(1)(B)). cancy by appointing one of the 2 alternates from for any of the following: (iii) The members shall appoint 3 members such category who was designated under sub- (i) An independent expenditure, as defined in from the independent category of the approved paragraph (B) of paragraph (3). At the time the section 301(17) of the Federal Election Campaign selection pool (as described in section first members appoint an alternate to fill a va- Act of 1971 (52 U.S.C. 30101(17)). 2412(b)(1)(C)). cancy under the previous sentence, the first (ii) An electioneering communication, as de- (2) RULES FOR APPOINTMENT OF MEMBERS AP- members shall, in accordance with the special fined in section 304(f)(3) of such Act (52 U.S.C. POINTED BY FIRST MEMBERS.— rules described in paragraph (2), designate an- 30104(f)(3)) or any other public communication, (A) AFFIRMATIVE VOTE OF AT LEAST 4 MEM- other individual from the same category to serve as defined in section 301(22) of such Act (52 BERS.—The appointment of any of the 9 mem- as an alternate member, in accordance with sub- U.S.C. 30101(22)) that would be an election- bers of the independent redistricting commission paragraph (B) of paragraph (3). eering communication if it were a broadcast, who are appointed by the first members of the (5) REMOVAL.—A member of the independent cable, or satellite communication. commission pursuant to subparagraph (B) of redistricting commission may be removed by a (iii) Any dues or other payments to trade asso- paragraph (1), as well as the designation of al- majority vote of the remaining members of the ciations or organizations described in section ternates for such members pursuant to subpara- commission if it is shown by a preponderance of 501(c) of the Internal Revenue Code of 1986 and graph (B) of paragraph (3) and the appointment the evidence that the member is not eligible to exempt from tax under section 501(a) of such of alternates to fill vacancies pursuant to sub- serve on the commission under section 2412(a). Code that are, or could reasonably be antici- paragraph (B) of paragraph (4), shall require (b) PROCEDURES FOR CONDUCTING COMMISSION pated to be, used or transferred to another asso- the affirmative vote of at least 4 of the members BUSINESS.— ciation or organization for a use described in appointed by the nonpartisan agency under (1) CHAIR.—Members of an independent redis- paragraph (1), (2), or (4) of section 501(c) of subparagraph (A) of paragraph (1), including at tricting commission established under this sec- such Code. least one member from each of the categories re- tion shall select by majority vote one member (4) GOAL OF IMPARTIALITY.—The commission ferred to in such subparagraph. who was appointed from the independent cat- shall take such steps as it considers appropriate

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to ensure that any staff appointed under this vidual to be fair and impartial, including, but (1) IN GENERAL.—Not later than June 15 of subsection, and any vendor with whom the com- not limited to— each year ending in the numeral zero, the non- mission enters into a contract under this sub- (I) any involvement with, or financial support partisan agency established or designated by a section, will work in an impartial manner, and of, professional, social, political, religious, or State under section 2414(a) shall develop and may require any person who applies for an ap- community organizations or causes; submit to the Select Committee on Redistricting pointment to a staff position or for a vendor’s (II) the individual’s employment and edu- for the State established under section 2414(b) a contract with the commission to provide infor- cational history. selection pool of 36 individuals who are eligible mation on the person’s history of political activ- (v) An assurance that the individual shall to serve as members of the independent redis- ity beyond the information on the person’s ex- commit to carrying out the individual’s duties tricting commission of the State under this sub- penditures for political activity provided in the under this subtitle in an honest, independent, title, consisting of individuals in the following reports required under paragraph (3) (including and impartial fashion, and to upholding public categories: donations to candidates, political committees, confidence in the integrity of the redistricting (A) A majority category, consisting of 12 indi- and political parties) as a condition of the ap- process. viduals who are affiliated with the political pointment or the contract. (vi) An assurance that, during the covered pe- party whose candidate received the most votes (5) DISQUALIFICATION; WAIVER.— riods described in paragraph (3), the individual in the most recent statewide election for Federal (A) IN GENERAL.—The independent redis- has not taken and will not take any action office held in the State. tricting commission may not appoint an indi- which would disqualify the individual from (B) A minority category, consisting of 12 indi- vidual as an employee, and may not enter into serving as a member of the commission under viduals who are affiliated with the political a contract with a vendor, if the individual or paragraph (2). party whose candidate received the second most vendor meets any of the criteria for the disquali- (2) DISQUALIFICATIONS.—An individual is not votes in the most recent statewide election for fication of an individual from serving as a mem- eligible to serve as a member of the commission Federal office held in the State. ber of the commission which are set forth in sec- if any of the following applies during any of the (C) An independent category, consisting of 12 tion 2412(a)(2). covered periods described in paragraph (3): individuals who are not affiliated with either of (B) WAIVER.—The commission may by unani- (A) The individual or (in the case of the cov- the political parties described in subparagraph mous vote of its members waive the application ered periods described in subparagraphs (A) and (A) or subparagraph (B). of subparagraph (A) to an individual or a ven- (B) of paragraph (3)) an immediate family mem- (2) FACTORS TAKEN INTO ACCOUNT IN DEVEL- dor after receiving and reviewing the report ber of the individual holds public office or is a OPING POOL.—In selecting individuals for the se- filed by the individual or vendor under para- candidate for election for public office. lection pool under this subsection, the non- graph (3). (B) The individual or (in the case of the cov- partisan agency shall— (d) TERMINATION.— ered periods described in subparagraphs (A) and (A) ensure that the pool is representative of (1) IN GENERAL.—The independent redis- (B) of paragraph (3)) an immediate family mem- the demographic groups (including racial, eth- tricting commission of a State shall terminate on ber of the individual serves as an officer of a po- nic, economic, and gender) and geographic re- the earlier of— litical party or as an officer, employee, or paid gions of the State, and includes applicants who (A) June 14 of the next year ending in the nu- consultant of a campaign committee of a can- would allow racial, ethnic, and language mi- meral zero; or didate for public office or of any political action norities protected under the Voting Rights Act (B) the day on which the nonpartisan agency committee (as determined in accordance with the of 1965 a meaningful opportunity to participate established or designated by a State under sec- law of the State). in the development of the State’s redistricting tion 2414(a) has, in accordance with section (C) The individual or (in the case of the cov- plan; and 2412(b)(1), submitted a selection pool to the Se- ered periods described in subparagraphs (A) and (B) take into consideration the analytical lect Committee on Redistricting for the State es- (B) of paragraph (3)) an immediate family mem- skills of the individuals selected in relevant tablished under section 2414(b). ber of the individual holds a position as a reg- fields (including mapping, data management, (2) PRESERVATION OF RECORDS.—The State istered lobbyist under the Lobbying Disclosure law, community outreach, demography, and the shall ensure that the records of the independent Act of 1995 (2 U.S.C. 1601 et seq.) or an equiva- geography of the State) and their ability to redistricting commission are retained in the ap- lent State or local law. work on an impartial basis. propriate State archive in such manner as may (D) The individual or (in the case of the cov- (3) INTERVIEWS OF APPLICANTS.—To assist the be necessary to enable the State to respond to ered periods described in subparagraphs (A) and nonpartisan agency in developing the selection any civil action brought with respect to congres- (B) of paragraph (3)) an immediate family mem- pool under this subsection, the nonpartisan sional redistricting in the State. ber of the individual is an employee of an elect- agency shall conduct interviews of applicants SEC. 2412. ESTABLISHMENT OF SELECTION POOL ed public official, a contractor with the govern- under oath. If an individual is included in a se- OF INDIVIDUALS ELIGIBLE TO ment of the State, or a donor to the campaign of lection pool developed under this section, all of SERVE AS MEMBERS OF COMMIS- any candidate for public office or to any polit- the interviews of the individual shall be tran- SION. ical action committee (other than a donor who, scribed and the transcriptions made available on (a) CRITERIA FOR ELIGIBILITY.— during any of such covered periods, gives an ag- the nonpartisan agency’s website contempora- (1) IN GENERAL.—An individual is eligible to gregate amount of $1,000 or less to the cam- neously with release of the report under para- serve as a member of an independent redis- paigns of all candidates for all public offices graph (6). tricting commission if the individual meets each and to all political action committees). (4) DETERMINATION OF POLITICAL PARTY AF- of the following criteria: (E) The individual paid a civil money penalty FILIATION OF INDIVIDUALS IN SELECTION POOL.— (A) As of the date of appointment, the indi- or criminal fine, or was sentenced to a term of For purposes of this section, an individual shall vidual is registered to vote in elections for Fed- imprisonment, for violating any provision of the be considered to be affiliated with a political eral office held in the State. Federal Election Campaign Act of 1971 (52 party only if the nonpartisan agency is able to (B) During the 3-year period ending on the U.S.C. 30101 et seq.). verify (to the greatest extent possible) the infor- date of the individual’s appointment, the indi- (F) The individual or (in the case of the cov- mation the individual provides in the applica- vidual has been continuously registered to vote ered periods described in subparagraphs (A) and tion submitted under subsection (a)(1)(D), in- with the same political party, or has not been (B) of paragraph (3)) an immediate family mem- cluding by considering additional information registered to vote with any political party. ber of the individual is an agent of a foreign provided by other persons with knowledge of the (C) The individual submits to the nonpartisan principal under the Foreign Agents Registration individual’s history of political activity. agency established or designated by a State Act of 1938, as amended (22 U.S.C. 611 et seq.). (5) ENCOURAGING RESIDENTS TO APPLY FOR IN- under section 2413, at such time and in such (3) COVERED PERIODS DESCRIBED.—In this sub- CLUSION IN POOL.—The nonpartisan agency form as the agency may require, an application section, the term ‘‘covered period’’ means, with shall take such steps as may be necessary to en- for inclusion in the selection pool under this sec- respect to the appointment of an individual to sure that residents of the State across various tion, and includes with the application a writ- the commission, any of the following: geographic regions and demographic groups are ten statement, with an attestation under pen- (A) The 10-year period ending on the date of aware of the opportunity to serve on the inde- alty of perjury, containing the following infor- the individual’s appointment. pendent redistricting commission, including mation and assurances: (B) The period beginning on the date of the publicizing the role of the panel and using (i) The full current name and any former individual’s appointment and ending on August newspapers, broadcast media, and online names of, and the contact information for, the 14 of the next year ending in the numeral one. sources, including ethnic media, to encourage individual, including an electronic mail address, (C) The 10-year period beginning on the day individuals to apply for inclusion in the selec- the address of the individual’s residence, mail- after the last day of the period described in sub- tion pool developed under this subsection. ing address, and telephone numbers. paragraph (B). (6) REPORT ON ESTABLISHMENT OF SELECTION (ii) The individual’s race, ethnicity, gender, (4) IMMEDIATE FAMILY MEMBER DEFINED.—In POOL.—At the time the nonpartisan agency sub- age, date of birth, and household income for the this subsection, the term ‘‘immediate family mits the selection pool to the Select Committee most recent taxable year. member’’ means, with respect to an individual, a on Redistricting under paragraph (1), it shall (iii) The political party with which the indi- father, stepfather, mother, stepmother, son, publish and post on the agency’s public website vidual is affiliated, if any. stepson, daughter, stepdaughter, brother, step- a report describing the process by which the (iv) The reason or reasons the individual de- brother, sister, stepsister, husband, wife, father- pool was developed, and shall include in the re- sires to serve on the independent redistricting in-law, or mother-in-law. port a description of how the individuals in the commission, the individual’s qualifications, and (b) DEVELOPMENT AND SUBMISSION OF SELEC- pool meet the eligibility criteria of subsection (a) information relevant to the ability of the indi- TION POOL.— and of how the pool reflects the factors the

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H921 agency is required to take into consideration section (c), so long as at least one of the individ- such applications any financial or other person- under paragraph (2). uals in the replacement pool was not included in ally sensitive information. (7) PUBLIC COMMENT ON SELECTION POOL.— either such rejected pool. (B) SEARCHABLE FORMAT.—The commission During the 14-day period which begins on the (2) ACTION BY SELECT COMMITTEE.— shall ensure that all information posted and date the nonpartisan agency publishes the re- (A) IN GENERAL.—Not earlier than 15 days and maintained on the site under this paragraph, in- port under paragraph (6), the agency shall ac- not later than 14 days after receiving the second cluding information and proposed maps sub- cept comments from the public on the individ- replacement selection pool from the nonpartisan mitted by the public, shall be maintained in an uals included in the selection pool. The agency agency under paragraph (1), the Select Com- easily searchable format. shall post all such comments contemporaneously mittee on Redistricting shall, by majority vote— (C) DEADLINE.—The commission shall ensure on the nonpartisan agency’s website and shall (i) approve the pool as submitted by the non- that the public internet site under this para- transmit them to the Select Committee on Redis- partisan agency, in which case the pool shall be graph is operational (in at least a preliminary tricting immediately upon the expiration of such considered the approved selection pool for pur- format) not later than January 1 of the year period. poses of section 2411(a)(1); or ending in the numeral one. (8) ACTION BY SELECT COMMITTEE.— (ii) reject the pool. (3) PUBLIC COMMENT PERIOD.—The commis- sion shall solicit, accept, and consider comments (A) IN GENERAL.—Not earlier than 15 days and (B) INACTION DEEMED REJECTION.—If the Se- from the public with respect to its duties, activi- not later than 21 days after receiving the selec- lect Committee on Redistricting fails to approve ties, and procedures at any time during the pe- tion pool from the nonpartisan agency under or reject the pool within the deadline set forth riod— paragraph (1), the Select Committee on Redis- in subparagraph (A), the Select Committee shall (A) which begins on January 1 of the year tricting shall, by majority vote— be deemed to have rejected the pool for purposes (i) approve the pool as submitted by the non- ending in the numeral one; and of such subparagraph. (B) which ends 7 days before the date of the partisan agency, in which case the pool shall be (C) EFFECT OF REJECTION.—If the Select Com- meeting at which the commission shall vote on considered the approved selection pool for pur- mittee on Redistricting rejects the second re- approving the final redistricting plan for enact- poses of section 2411(a)(1); or placement pool from the nonpartisan agency (ii) reject the pool, in which case the non- ment into law under subsection (c)(2). under paragraph (1), the redistricting plan for (4) MEETINGS AND HEARINGS IN VARIOUS GEO- partisan agency shall develop and submit a re- the State shall be developed and enacted in ac- GRAPHIC LOCATIONS.—To the greatest extent placement selection pool in accordance with cordance with part 3. practicable, the commission shall hold its meet- subsection (c). SEC. 2413. PUBLIC NOTICE AND INPUT. ings and hearings in various geographic regions (B) INACTION DEEMED REJECTION.—If the Se- (a) PUBLIC NOTICE AND INPUT.— and locations throughout the State. lect Committee on Redistricting fails to approve (1) USE OF OPEN AND TRANSPARENT PROCESS.— (5) MULTIPLE LANGUAGE REQUIREMENTS FOR or reject the pool within the deadline set forth The independent redistricting commission of a ALL NOTICES.—The commission shall make each in subparagraph (A), the Select Committee shall State shall hold each of its meetings in public, notice which is required to be posted and pub- be deemed to have rejected the pool for purposes shall solicit and take into consideration com- lished under this section available in any lan- of such subparagraph. ments from the public, including proposed maps, guage in which the State (or any jurisdiction in (c) DEVELOPMENT OF REPLACEMENT SELEC- throughout the process of developing the redis- the State) is required to provide election mate- TION POOL.— rials under section 203 of the Voting Rights Act (1) IN GENERAL.—If the Select Committee on tricting plan for the State, and shall carry out of 1965. Redistricting rejects the selection pool submitted its duties in an open and transparent manner (b) DEVELOPMENT AND PUBLICATION OF PRE- by the nonpartisan agency under subsection (b), which provides for the widest public dissemina- LIMINARY REDISTRICTING PLAN.— not later than 14 days after the rejection, the tion reasonably possible of its proposed and final redistricting plans. (1) IN GENERAL.—Prior to developing and pub- nonpartisan agency shall develop and submit to lishing a final redistricting plan under sub- the Select Committee a replacement selection (2) WEBSITE.— (A) FEATURES.—The commission shall main- section (c), the independent redistricting com- pool, under the same terms and conditions that mission of a State shall develop and publish a applied to the development and submission of tain a public Internet site which is not affiliated with or maintained by the office of any elected preliminary redistricting plan. the selection pool under paragraphs (1) through (2) MINIMUM PUBLIC HEARINGS AND OPPOR- (7) of subsection (b). The replacement pool sub- official and which includes the following fea- tures: TUNITY FOR COMMENT PRIOR TO DEVELOPMENT.— mitted under this paragraph may include indi- (A) 3 HEARINGS REQUIRED.—Prior to devel- (i) General information on the commission, its viduals who were included in the rejected selec- oping a preliminary redistricting plan under role in the redistricting process, and its mem- tion pool submitted under subsection (b), so long this subsection, the commission shall hold not bers, including contact information. as at least one of the individuals in the replace- fewer than 3 public hearings at which members (ii) An updated schedule of commission hear- ment pool was not included in such rejected of the public may provide input and comments ings and activities, including deadlines for the pool. regarding the potential contents of redistricting submission of comments. (2) ACTION BY SELECT COMMITTEE.— plans for the State and the process by which the (iii) All draft redistricting plans developed by (A) IN GENERAL.—Not later than 21 days after commission will develop the preliminary plan the commission under subsection (b) and the receiving the replacement selection pool from the under this subsection. final redistricting plan developed under sub- nonpartisan agency under paragraph (1), the (B) MINIMUM PERIOD FOR NOTICE PRIOR TO section (c), including the accompanying written Select Committee on Redistricting shall, by ma- HEARINGS.—Not fewer than 14 days prior to the jority vote— evaluation under subsection (d). date of each hearing held under this paragraph, (i) approve the pool as submitted by the non- (iv) All comments received from the public on the commission shall post notices of the hearing partisan agency, in which case the pool shall be the commission’s activities, including any pro- in on the website maintained under subsection considered the approved selection pool for pur- posed maps submitted under paragraph (1). (a)(2), and shall provide for the publication of poses of section 2411(a)(1); or (v) Live streaming of commission hearings and such notices in newspapers of general circula- (ii) reject the pool, in which case the non- an archive of previous meetings, including any tion throughout the State. Each such notice partisan agency shall develop and submit a sec- documents considered at any such meeting, shall specify the date, time, and location of the ond replacement selection pool in accordance which the commission shall post not later than hearing. with subsection (d). 24 hours after the conclusion of the meeting. (C) SUBMISSION OF PLANS AND MAPS BY MEM- (B) INACTION DEEMED REJECTION.—If the Se- (vi) Access in an easily useable format to the BERS OF THE PUBLIC.—Any member of the public lect Committee on Redistricting fails to approve demographic and other data used by the com- may submit maps or portions of maps for consid- or reject the pool within the deadline set forth mission to develop and analyze the proposed re- eration by the commission. As provided under in subparagraph (A), the Select Committee shall districting plans, together with access to any subsection (a)(2)(A), any such map shall be be deemed to have rejected the pool for purposes software used to draw maps of proposed districts made publicly available on the commission’s of such subparagraph. and to any reports analyzing and evaluating website and open to comment. (d) DEVELOPMENT OF SECOND REPLACEMENT any such maps. (3) PUBLICATION OF PRELIMINARY PLAN.— SELECTION POOL.— (vii) A method by which members of the public (A) IN GENERAL.—The commission shall post (1) IN GENERAL.—If the Select Committee on may submit comments and proposed maps di- the preliminary redistricting plan developed Redistricting rejects the replacement selection rectly to the commission. under this subsection, together with a report pool submitted by the nonpartisan agency under (viii) All records of the commission, including that includes the commission’s responses to any subsection (c), not later than 14 days after the all communications to or from members, employ- public comments received under subsection rejection, the nonpartisan agency shall develop ees, and contractors regarding the work of the (a)(3), on the website maintained under sub- and submit to the Select Committee a second re- commission. section (a)(2), and shall provide for the publica- placement selection pool, under the same terms (ix) A list of all contractors receiving payment tion of each such plan in newspapers of general and conditions that applied to the development from the commission, together with the annual circulation throughout the State. and submission of the selection pool under para- disclosures submitted by the contractors under (B) MINIMUM PERIOD FOR NOTICE PRIOR TO graphs (1) through (7) of subsection (b). The sec- section 2411(c)(3). PUBLICATION.—Not fewer than 14 days prior to ond replacement selection pool submitted under (x) A list of the names of all individuals who the date on which the commission posts and this paragraph may include individuals who submitted applications to serve on the commis- publishes the preliminary plan under this para- were included in the rejected selection pool sub- sion, together with the applications submitted graph, the commission shall notify the public mitted under subsection (b) or the rejected re- by individuals included in any selection pool, through the website maintained under sub- placement selection pool submitted under sub- except that the commission may redact from section (a)(2), as well as through publication of

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H922 CONGRESSIONAL RECORD — HOUSE March 2, 2021 notice in newspapers of general circulation deemed to be enacted into law unless the State ments for nonpartisanship under this sub- throughout the State, of the pending publica- submits the plan to the Department of Justice section. tion of the plan. for an administrative review to determine if the (6) TERMINATION OF AGENCY SPECIFICALLY ES- (4) MINIMUM POST-PUBLICATION PERIOD FOR plan is in compliance with the criteria described TABLISHED FOR REDISTRICTING.—If a State does PUBLIC COMMENT.—The commission shall accept in subparagraphs (B) and (C) of section not designate an existing agency under para- and consider comments from the public (includ- 2413(a)(1). graph (5) but instead establishes a new agency ing through the website maintained under sub- (B) TERMINATION OF REVIEW.—The Depart- to serve as the nonpartisan agency under this section (a)(2)) with respect to the preliminary ment of Justice shall terminate any administra- section, the new agency shall terminate upon redistricting plan published under paragraph tive review under subparagraph (A) if, during the enactment into law of the redistricting plan (3), including proposed revisions to maps, for the 45-day period which begins on the date the for the State. not fewer than 30 days after the date on which plan is enacted into law, an action is filed in a (7) PRESERVATION OF RECORDS.—The State the plan is published. United States district court alleging that the shall ensure that the records of the nonpartisan (5) POST-PUBLICATION HEARINGS.— plan is not in compliance with the criteria de- agency are retained in the appropriate State ar- (A) 3 HEARINGS REQUIRED.—After posting and scribed in subparagraphs (B) and (C) of section publishing the preliminary redistricting plan 2413(a)(1). chive in such manner as may be necessary to en- under paragraph (3), the commission shall hold (d) WRITTEN EVALUATION OF PLAN AGAINST able the State to respond to any civil action not fewer than 3 public hearings in different ge- EXTERNAL METRICS.—The independent redis- brought with respect to congressional redis- ographic areas of the State at which members of tricting commission shall include with each re- tricting in the State. the public may provide input and comments re- districting plan developed and published under (8) DEADLINE.—The State shall meet the re- garding the preliminary plan. this section a written evaluation that measures quirements of this subsection not later than (B) MINIMUM PERIOD FOR NOTICE PRIOR TO each such plan against external metrics which each October 15 of a year ending in the numeral HEARINGS.—Not fewer than 14 days prior to the cover the criteria set forth in section 2403(a), in- nine. date of each hearing held under this paragraph, cluding the impact of the plan on the ability of (b) ESTABLISHMENT OF SELECT COMMITTEE ON the commission shall post notices of the hearing communities of color to elect candidates of REDISTRICTING.— in on the website maintained under subsection choice, measures of partisan fairness using mul- (1) IN GENERAL.—Each State shall appoint a (a)(2), and shall provide for the publication of tiple accepted methodologies, and the degree to Select Committee on Redistricting to approve or such notices in newspapers of general circula- which the plan preserves or divides communities disapprove a selection pool developed by the tion throughout the State. Each such notice of interest. independent redistricting commission for the shall specify the date, time, and location of the (e) TIMING.—The independent redistricting State under section 2412. hearing. commission of a State may begin its work on the (6) PERMITTING MULTIPLE PRELIMINARY redistricting plan of the State upon receipt of (2) APPOINTMENT.—The Select Committee on PLANS.—At the option of the commission, after relevant population information from the Bu- Redistricting for a State under this subsection developing and publishing the preliminary re- reau of the Census, and shall approve a final shall consist of the following members: districting plan under this subsection, the com- redistricting plan for the State in each year end- (A) One member of the upper house of the mission may develop and publish subsequent ing in the numeral one not later than 8 months State legislature, who shall be appointed by the preliminary redistricting plans, so long as the after the date on which the State receives the leader of the party with the greatest number of process for the development and publication of State apportionment notice or October 1, which- seats in the upper house. each such subsequent plan meets the require- ever occurs later. (B) One member of the upper house of the ments set forth in this subsection for the devel- SEC. 2414. ESTABLISHMENT OF RELATED ENTI- State legislature, who shall be appointed by the opment and publication of the first preliminary TIES. leader of the party with the second greatest redistricting plan. (a) ESTABLISHMENT OR DESIGNATION OF NON- number of seats in the upper house. (c) PROCESS FOR ENACTMENT OF FINAL REDIS- PARTISAN AGENCY OF STATE LEGISLATURE.— (C) One member of the lower house of the TRICTING PLAN.— (1) IN GENERAL.—Each State shall establish a State legislature, who shall be appointed by the (1) IN GENERAL.—After taking into consider- nonpartisan agency in the legislative branch of ation comments from the public on any prelimi- the State government to appoint the members of leader of the party with the greatest number of nary redistricting plan developed and published the independent redistricting commission for the seats in the lower house. under subsection (b), the independent redis- State in accordance with section 2411. (D) One member of the lower house of the tricting commission of a State shall develop and (2) NONPARTISANSHIP DESCRIBED.—For pur- State legislature, who shall be appointed by the publish a final redistricting plan for the State. poses of this subsection, an agency shall be con- leader of the party with the second greatest (2) MEETING; FINAL VOTE.—Not later than the sidered to be nonpartisan if under law the agen- number of seats in the lower house. deadline specified in subsection (e), the commis- cy— (3) SPECIAL RULE FOR STATES WITH UNICAM- sion shall hold a public hearing at which the (A) is required to provide services on a non- ERAL LEGISLATURE.—In the case of a State with members of the commission shall vote on approv- partisan basis; a unicameral legislature, the Select Committee ing the final plan for enactment into law. (B) is required to maintain impartiality; and on Redistricting for the State under this sub- (3) PUBLICATION OF PLAN AND ACCOMPANYING (C) is prohibited from advocating for the section shall consist of the following members: MATERIALS.—Not fewer than 14 days before the adoption or rejection of any legislative proposal. (A) Two members of the State legislature ap- date of the meeting under paragraph (2), the (3) TRAINING OF MEMBERS APPOINTED TO COM- pointed by the chair of the political party of the commission shall provide the following informa- MISSION.—Not later than January 15 of a year State whose candidate received the highest per- tion to the public through the website main- ending in the numeral one, the nonpartisan centage of votes in the most recent statewide tained under subsection (a)(2), as well as agency established or designated under this sub- election for Federal office held in the State. through newspapers of general circulation section shall provide the members of the inde- throughout the State: pendent redistricting commission with initial (B) Two members of the State legislature ap- (A) The final redistricting plan, including all training on their obligations as members of the pointed by the chair of the political party whose relevant maps. commission, including obligations under the candidate received the second highest percent- (B) A report by the commission to accompany Voting Rights Act of 1965 and other applicable age of votes in the most recent statewide election the plan which provides the background for the laws. for Federal office held in the State. plan and the commission’s reasons for selecting (4) REGULATIONS.—The nonpartisan agency (4) DEADLINE.—The State shall meet the re- the plan as the final redistricting plan, includ- established or designated under this subsection quirements of this subsection not later than ing responses to the public comments received on shall adopt and publish regulations, after notice each January 15 of a year ending in the nu- any preliminary redistricting plan developed and opportunity for comment, establishing the meral zero. procedures that the agency will follow in ful- and published under subsection (b). (5) RULE OF CONSTRUCTION.—Nothing in this (C) Any dissenting or additional views with filling its duties under this subtitle, including subsection may be construed to prohibit the respect to the plan of individual members of the the procedures to be used in vetting the quali- leader of any political party in a legislature commission. fications and political affiliation of applicants from appointment to the Select Committee on (4) ENACTMENT.—Subject to paragraph (5), the and in creating the selection pools, the random- Redistricting. final redistricting plan developed and published ized process to be used in selecting the initial under this subsection shall be deemed to be en- members of the independent redistricting com- SEC. 2415. REPORT ON DIVERSITY OF MEMBER- acted into law upon the expiration of the 45-day mission, and the rules that the agency will SHIPS OF INDEPENDENT REDIS- TRICTING COMMISSIONS. period which begins on the date on which— apply to ensure that the agency carries out its (A) such final plan is approved by a majority duties under this subtitle in a maximally trans- Not later than May 15 of a year ending in the of the whole membership of the commission; and parent, publicly accessible, and impartial man- numeral one, the Comptroller General of the (B) at least one member of the commission ap- ner. United States shall submit to Congress a report pointed from each of the categories of the ap- (5) DESIGNATION OF EXISTING AGENCY.—At its on the extent to which the memberships of inde- proved selection pool described in section option, a State may designate an existing agen- pendent redistricting commissions for States es- 2412(b)(1) approves such final plan. cy in the legislative branch of its government to tablished under this part with respect to the im- (5) REVIEW BY DEPARTMENT OF JUSTICE.— appoint the members of the independent redis- mediately preceding year ending in the numeral (A) REQUIRING SUBMISSION OF PLAN FOR RE- tricting commission plan for the State under this zero meet the diversity requirements as provided VIEW.—The final redistricting plan shall not be subtitle, so long as the agency meets the require- for in sections 2411(a)(2)(B) and 2412(b)(2).

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H923 PART 3—ROLE OF COURTS IN with this section. Nothing in this subsection section until the State certifies to the Commis- DEVELOPMENT OF REDISTRICTING PLANS may be construed to limit or otherwise affect the sion that its redistricting commission meets the SEC. 2421. ENACTMENT OF PLAN DEVELOPED BY authority or discretion of the Court to develop requirements of section 2401(c). 3-JUDGE COURT. and publish the final redistricting plan, includ- (3) EXCEPTION FOR STATE OF IOWA.—In the (a) DEVELOPMENT OF PLAN.—If any of the ing but not limited to the discretion to make any case of the State of Iowa, the Commission may triggering events described in subsection (f) changes the Court deems necessary to an in- not make a payment to the State under this sec- occur with respect to a State— terim redistricting plan. tion until the State certifies to the Commission (1) not later than December 15 of the year in (f) TRIGGERING EVENTS DESCRIBED.—The that it will carry out congressional redistricting which the triggering event occurs, the United ‘‘triggering events’’ described in this subsection pursuant to the State’s apportionment notice in States district court for the applicable venue, are as follows: accordance with a plan developed by the Iowa acting through a 3-judge Court convened pursu- (1) The failure of the State to establish or des- Legislative Services Agency with the assistance ant to section 2284 of title 28, United States ignate a nonpartisan agency of the State legis- of a Temporary Redistricting Advisory Commis- Code, shall develop and publish the congres- lature under section 2414(a) prior to the expira- sion, as provided under the law described in sec- sional redistricting plan for the State; and tion of the deadline set forth in section tion 2401(d). (2) the final plan developed and published by 2414(a)(5). (e) AUTHORIZATION OF APPROPRIATIONS.— the Court under this section shall be deemed to (2) The failure of the State to appoint a Select There are authorized to be appropriated such be enacted on the date on which the Court pub- Committee on Redistricting under section 2414(b) sums as may be necessary for payments under lishes the final plan, as described in subsection prior to the expiration of the deadline set forth this section. (d). in section 2414(b)(4). SEC. 2432. CIVIL ENFORCEMENT. (b) APPLICABLE VENUE DESCRIBED.—For pur- (3) The failure of the Select Committee on Re- (a) CIVIL ENFORCEMENT.— poses of this section, the ‘‘applicable venue’’ districting to approve any selection pool under (1) ACTIONS BY ATTORNEY GENERAL.—The At- with respect to a State is the District of Colum- section 2412 prior to the expiration of the dead- torney General may bring a civil action in an bia or the judicial district in which the capital line set forth for the approval of the second re- appropriate district court for such relief as may of the State is located, as selected by the first placement selection pool in section 2412(d)(2). be appropriate to carry out this subtitle. party to file with the court sufficient evidence of (4) The failure of the independent redis- (2) AVAILABILITY OF PRIVATE RIGHT OF AC- the occurrence of a triggering event described in tricting commission of the State to approve a TION.—Any citizen of a State who is aggrieved subsection (f). final redistricting plan for the State prior to the by the failure of the State to meet the require- (c) PROCEDURES FOR DEVELOPMENT OF expiration of the deadline set forth in section ments of this subtitle may bring a civil action in PLAN.— 2413(e). the United States district court for the applica- (1) CRITERIA.—In developing a redistricting SEC. 2422. SPECIAL RULE FOR REDISTRICTING ble venue for such relief as may be appropriate plan for a State under this section, the Court CONDUCTED UNDER ORDER OF FED- to remedy the failure. For purposes of this sec- shall adhere to the same terms and conditions ERAL COURT. tion, the ‘‘applicable venue’’ is the District of that applied (or that would have applied, as the If a Federal court requires a State to conduct Columbia or the judicial district in which the case may be) to the development of a plan by redistricting subsequent to an apportionment of capital of the State is located, as selected by the the independent redistricting commission of the Representatives in the State in order to comply person who brings the civil action. State under section 2403. with the Constitution or to enforce the Voting (b) EXPEDITED CONSIDERATION.—In any ac- (2) ACCESS TO INFORMATION AND RECORDS OF Rights Act of 1965, section 2413 shall apply with tion brought forth under this section, the fol- COMMISSION.—The Court shall have access to respect to the redistricting, except that the court lowing rules shall apply: any information, data, software, or other may revise any of the deadlines set forth in such (1) The action shall be filed in the district records and material that was used (or that section if the court determines that a revision is court of the United States for the District of Co- would have been used, as the case may be) by appropriate in order to provide for a timely en- lumbia or for the judicial district in which the the independent redistricting commission of the actment of a new redistricting plan for the capital of the State is located, as selected by the State in carrying out its duties under this sub- State. person bringing the action. title. PART 4—ADMINISTRATIVE AND (2) The action shall be heard by a 3-judge (3) HEARING; PUBLIC PARTICIPATION.—In de- MISCELLANEOUS PROVISIONS court convened pursuant to section 2284 of title veloping a redistricting plan for a State, the SEC. 2431. PAYMENTS TO STATES FOR CARRYING 28, United States Code. Court shall— OUT REDISTRICTING. (3) The 3-judge court shall consolidate actions (A) hold one or more evidentiary hearings at (a) AUTHORIZATION OF PAYMENTS.—Subject to brought for relief under subsection (b)(1) with which interested members of the public may ap- subsection (d), not later than 30 days after a respect to the same State redistricting plan. pear and be heard and present testimony, in- State receives a State apportionment notice, the (4) A copy of the complaint shall be delivered cluding expert testimony, in accordance with Election Assistance Commission shall, subject to promptly to the Clerk of the House of Represent- the rules of the Court; and the availability of appropriations provided pur- atives and the Secretary of the Senate. (B) consider other submissions and comments suant to subsection (e), make a payment to the (5) A final decision in the action shall be re- by the public, including proposals for redis- State in an amount equal to the product of— viewable only by appeal directly to the Supreme tricting plans to cover the entire State or any (1) the number of Representatives to which Court of the United States. Such appeal shall be portion of the State. the State is entitled, as provided under the no- taken by the filing of a notice of appeal within (4) USE OF SPECIAL MASTER.—To assist in the tice; and 10 days, and the filing of a jurisdictional state- development and publication of a redistricting (2) $150,000. ment within 30 days, of the entry of the final plan for a State under this section, the Court (b) USE OF FUNDS.—A State shall use the pay- decision. may appoint a special master to make rec- ment made under this section to establish and (6) It shall be the duty of the district court ommendations to the Court on possible plans for operate the State’s independent redistricting and the Supreme Court of the United States to the State. commission, to implement the State redistricting advance on the docket and to expedite to the (d) PUBLICATION OF PLAN.— plan, and to otherwise carry out congressional greatest possible extent the disposition of the ac- (1) PUBLIC AVAILABILITY OF INITIAL PLAN.— redistricting in the State. tion and appeal. Upon completing the development of one or more (c) NO PAYMENT TO STATES WITH SINGLE (c) REMEDIES.— initial redistricting plans, the Court shall make MEMBER.—The Election Assistance Commission (1) ADOPTION OF REPLACEMENT PLAN.— the plans available to the public at no cost, and shall not make a payment under this section to (A) IN GENERAL.—If the district court in an shall also make available the underlying data any State which is not entitled to more than one action under this section finds that the congres- used by the Court to develop the plans and a Representative under its State apportionment sional redistricting plan of a State violates, in written evaluation of the plans against external notice. whole or in part, the requirements of this sub- metrics (as described in section 2413(d)). (d) REQUIRING SUBMISSION OF SELECTION title— (2) PUBLICATION OF FINAL PLAN.—At any time POOL AS CONDITION OF PAYMENT.— (i) the Court shall adopt a replacement con- after the expiration of the 14-day period which (1) REQUIREMENT.—Except as provided in gressional redistricting plan for the State in ac- begins on the date the Court makes the plans paragraph (2) and paragraph (3), the Election cordance with the process set forth in section available to the public under paragraph (1), and Assistance Commission may not make a payment 2421; or taking into consideration any submissions and to a State under this section until the State cer- (ii) if circumstances warrant and no delay to comments by the public which are received dur- tifies to the Commission that the nonpartisan an upcoming regularly scheduled election for ing such period, the Court shall develop and agency established or designated by a State the House of Representatives in the State would publish the final redistricting plan for the State. under section 2414(a) has, in accordance with result, the district court may allow a State to (e) USE OF INTERIM PLAN.—In the event that section 2412(b)(1), submitted a selection pool to develop and propose a remedial congressional the Court is not able to develop and publish a the Select Committee on Redistricting for the redistricting plan for consideration by the court, final redistricting plan for the State with suffi- State established under section 2414(b). and such remedial plan may be developed by the cient time for an upcoming election to proceed, (2) EXCEPTION FOR STATES WITH EXISTING State by adopting such appropriate changes to the Court may develop and publish an interim COMMISSIONS.—In the case of a State which, the State’s enacted plan as may be ordered by redistricting plan which shall serve as the redis- pursuant to section 2401(c), is exempt from the the court. tricting plan for the State until the Court devel- requirements of section 2401(a), the Commission (B) SPECIAL RULE IN CASE FINAL ADJUDICATION ops and publishes a final plan in accordance may not make a payment to the State under this NOT EXPECTED WITHIN 3 MONTHS OF ELECTION.—

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H924 CONGRESSIONAL RECORD — HOUSE March 2, 2021 If final adjudication of an action under this sec- PART 5—REQUIREMENTS FOR REDIS- approved selection pool (as described in section tion is not reasonably expected to be completed TRICTING CARRIED OUT PURSUANT TO 2452(b)(1)(A)). at least three months prior to the next regularly 2020 CENSUS (ii) The agency shall appoint 2 members on a scheduled election for the House of Representa- Subpart A—Application of Certain Require- random basis from the minority category of the tives in the State, the district court shall, as the ments for Redistricting Carried Out Pursu- approved selection pool (as described in section balance of equities warrant,— ant to 2020 Census 2452(b)(1)(B)). (i) order development, adoption, and use of an (iii) The agency shall appoint 2 members on a SEC. 2441. APPLICATION OF CERTAIN REQUIRE- interim congressional redistricting plan in ac- MENTS FOR REDISTRICTING CAR- random basis from the independent category of cordance with section 2421(e) to address any RIED OUT PURSUANT TO 2020 CEN- the approved selection pool (as described in sec- claims under this title for which a party seeking SUS. tion 2452(b)(1)(C)). relief has demonstrated a substantial likelihood Notwithstanding section 2435, parts 1, 3, and (B) Not later than August 15, 2021, the mem- of success; or 4 of this subtitle and the amendments made by bers appointed by the agency under subpara- (ii) order adjustments to the timing of primary such parts shall apply with respect to congres- graph (A) shall, at a public meeting held not elections for the House of Representatives, as sional redistricting carried out pursuant to the earlier than 15 days after notice of the meeting needed, to allow sufficient opportunity for adju- decennial census conducted during 2020 in the has been given to the public, then appoint 9 dication of the matter and adoption of a reme- same manner as such parts and the amendments members as follows: dial or replacement plan for use in the next reg- made by such parts apply with respect to redis- (i) The members shall appoint 3 members from ularly scheduled general elections for the House tricting carried out pursuant to the decennial the majority category of the approved selection of Representatives. census conducted during 2030, except as follows: pool (as described in section 2452(b)(1)(A)). (2) NO INJUNCTIVE RELIEF PERMITTED.—Any (1) Except as provided in subsection (c) and (ii) The members shall appoint 3 members from remedial or replacement congressional redis- subsection (d) of section 2401, the redistricting the minority category of the approved selection tricting plan ordered under this subsection shall shall be conducted in accordance with— pool (as described in section 2452(b)(1)(B)). not be subject to temporary or preliminary in- (A) the redistricting plan developed and en- (iii) The members shall appoint 3 members junctive relief from any court unless the record acted into law by the independent redistricting from the independent category of the approved establishes that a writ of mandamus is war- commission established in the State in accord- selection pool (as described in section ranted. ance with subpart B; or 2452(b)(1)(C)). (3) NO STAY PENDING APPEAL.—Notwith- (B) if a plan developed by such commission is (2) RULES FOR APPOINTMENT OF MEMBERS AP- standing the appeal of an order finding that a not enacted into law, the redistricting plan de- POINTED BY FIRST MEMBERS.— congressional redistricting plan of a State vio- veloped and enacted into law by a 3-judge court (A) AFFIRMATIVE VOTE OF AT LEAST 4 MEM- lates, in whole or in part, the requirements of in accordance with section 2421. BERS.—The appointment of any of the 9 mem- this subtitle, no stay shall issue which shall bar (2) If any of the triggering events described in bers of the independent redistricting commission the development or adoption of a replacement or section 2442 occur with respect to the State, the who are appointed by the first members of the remedial plan under this subsection, as may be United States district court for the applicable commission pursuant to subparagraph (B) of directed by the district court, pending such ap- venue shall develop and publish the redis- paragraph (1) shall require the affirmative vote peal. tricting plan for the State, in accordance with of at least 4 of the members appointed by the (d) ATTORNEY’S FEES.—In a civil action under section 2421, not later than December 15, 2021. nonpartisan agency under subparagraph (A) of this section, the court may allow the prevailing (3) For purposes of section 2431(d)(1), the paragraph (1), including at least one member party (other than the United States) reasonable Election Assistance Commission may not make a from each of the categories referred to in such attorney fees, including litigation expenses, and payment to a State under such section until the subparagraph. costs. State certifies to the Commission that the non- (B) ENSURING DIVERSITY.—In appointing the 9 (e) RELATION TO OTHER LAWS.— partisan agency established or designated by a members pursuant to subparagraph (B) of para- (1) RIGHTS AND REMEDIES ADDITIONAL TO State under section 2454(a) has, in accordance graph (1), the first members of the independent OTHER RIGHTS AND REMEDIES.—The rights and with section 2452(b)(1), submitted a selection redistricting commission shall ensure that the remedies established by this section are in addi- pool to the Select Committee on Redistricting for membership is representative of the demographic tion to all other rights and remedies provided by the State established under section 2454(b). groups (including racial, ethnic, economic, and law, and neither the rights and remedies estab- SEC. 2442. TRIGGERING EVENTS. gender) and geographic regions of the State, lished by this section nor any other provision of For purposes of the redistricting carried out and provides racial, ethnic, and language mi- this subtitle shall supersede, restrict, or limit the pursuant to the decennial census conducted norities protected under the Voting Rights Act application of the Voting Rights Act of 1965 (52 during 2020, the triggering events described in of 1965 with a meaningful opportunity to par- U.S.C. 10301 et seq.). this section are as follows: ticipate in the development of the State’s redis- (2) VOTING RIGHTS ACT OF 1965.—Nothing in (1) The failure of the State to establish or des- tricting plan. this subtitle authorizes or requires conduct that ignate a nonpartisan agency under section (3) REMOVAL.—A member of the independent is prohibited by the Voting Rights Act of 1965 2454(a) prior to the expiration of the deadline redistricting commission may be removed by a (52 U.S.C. 10301 et seq.). under section 2454(a)(6). majority vote of the remaining members of the (f) LEGISLATIVE PRIVILEGE.—No person, legis- (2) The failure of the State to appoint a Select commission if it is shown by a preponderance of lature, or State may claim legislative privilege Committee on Redistricting under section 2454(b) the evidence that the member is not eligible to under either State or Federal law in a civil ac- prior to the expiration of the deadline under serve on the commission under section 2452(a). tion brought under this section or in any other section 2454(b)(4). (b) PROCEDURES FOR CONDUCTING COMMISSION legal challenge, under either State or Federal (3) The failure of the Select Committee on Re- BUSINESS.— law, to a redistricting plan enacted under this districting to approve a selection pool under sec- (1) REQUIRING MAJORITY APPROVAL FOR AC- subtitle. tion 2452(b) prior to the expiration of the dead- TIONS.—The independent redistricting commis- line under section 2452(b)(7). sion of a State under this part may not publish SEC. 2433. STATE APPORTIONMENT NOTICE DE- (4) The failure of the independent redis- FINED. and disseminate any draft or final redistricting tricting commission of the State to approve a plan, or take any other action, without the ap- In this subtitle, the ‘‘State apportionment no- final redistricting plan for the State under sec- proval of at least— tice’’ means, with respect to a State, the notice tion 2453 prior to the expiration of the deadline (A) a majority of the whole membership of the sent to the State from the Clerk of the House of under section 2453(e). commission; and Representatives under section 22(b) of the Act (B) at least one member of the commission ap- entitled ‘‘An Act to provide for the fifteenth and Subpart B—Independent Redistricting Com- pointed from each of the categories of the ap- subsequent decennial censuses and to provide missions for Redistricting Carried Out Pur- proved selection pool described in section for an apportionment of Representatives in Con- suant to 2020 Census 2452(b)(1). gress’’, approved June 18, 1929 (2 U.S.C. 2a), of SEC. 2451. USE OF INDEPENDENT REDISTRICTING COMMISSIONS FOR REDISTRICTING (2) QUORUM.—A majority of the members of the number of Representatives to which the the commission shall constitute a quorum. State is entitled. CARRIED OUT PURSUANT TO 2020 CENSUS. (c) STAFF; CONTRACTORS.— SEC. 2434. NO EFFECT ON ELECTIONS FOR STATE (a) APPOINTMENT OF MEMBERS.— (1) STAFF.—Under a public application proc- AND LOCAL OFFICE. (1) IN GENERAL.—The nonpartisan agency es- ess in which all application materials are avail- Nothing in this subtitle or in any amendment tablished or designated by a State under section able for public inspection, the independent re- made by this subtitle may be construed to affect 2454(a) shall establish an independent redis- districting commission of a State under this part the manner in which a State carries out elec- tricting commission under this part for the shall appoint and set the pay of technical ex- tions for State or local office, including the State, which shall consist of 15 members ap- perts, legal counsel, consultants, and such other process by which a State establishes the districts pointed by the agency as follows: staff as it considers appropriate, subject to State used in such elections. (A) Not later than August 5, 2021, the agency law. SEC. 2435. EFFECTIVE DATE. shall, at a public meeting held not earlier than (2) CONTRACTORS.—The independent redis- This subtitle and the amendments made by 15 days after notice of the meeting has been tricting commission of a State may enter into this subtitle shall apply with respect to redis- given to the public, first appoint 6 members as such contracts with vendors as it considers ap- tricting carried out pursuant to the decennial follows: propriate, subject to State law, except that any census conducted during 2030 or any succeeding (i) The agency shall appoint 2 members on a such contract shall be valid only if approved by decennial census. random basis from the majority category of the the vote of a majority of the members of the

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H925 commission, including at least one member ap- candidate for public office or of any political ac- cluding by considering additional information pointed from each of the categories of the ap- tion committee (as determined in accordance provided by other persons with knowledge of the proved selection pool described in section with the law of the State). individual’s history of political activity. 2452(b)(1). (C) The individual or an immediate family (4) ENCOURAGING RESIDENTS TO APPLY FOR IN- (3) GOAL OF IMPARTIALITY.—The commission member of the individual holds a position as a CLUSION IN POOL.—The nonpartisan agency shall take such steps as it considers appropriate registered lobbyist under the Lobbying Disclo- shall take such steps as may be necessary to en- to ensure that any staff appointed under this sure Act of 1995 (2 U.S.C. 1601 et seq.) or an sure that residents of the State across various subsection, and any vendor with whom the com- equivalent State or local law. geographic regions and demographic groups are mission enters into a contract under this sub- (D) The individual or an immediate family aware of the opportunity to serve on the inde- section, will work in an impartial manner. member of the individual is an employee of an pendent redistricting commission, including (d) PRESERVATION OF RECORDS.—The State elected public official, a contractor with the publicizing the role of the panel and using shall ensure that the records of the independent government of the State, or a donor to the cam- newspapers, broadcast media, and online redistricting commission are retained in the ap- paign of any candidate for public office or to sources, including ethnic media, to encourage propriate State archive in such manner as may any political action committee (other than a individuals to apply for inclusion in the selec- be necessary to enable the State to respond to donor who, during any of such covered periods, tion pool developed under this subsection. any civil action brought with respect to congres- gives an aggregate amount of $1,000 or less to (5) REPORT ON ESTABLISHMENT OF SELECTION sional redistricting in the State. the campaigns of all candidates for all public of- POOL.—At the time the nonpartisan agency sub- SEC. 2452. ESTABLISHMENT OF SELECTION POOL fices and to all political action committees). mits the selection pool to the Select Committee OF INDIVIDUALS ELIGIBLE TO (E) The individual paid a civil money penalty on Redistricting under paragraph (1), it shall SERVE AS MEMBERS OF COMMIS- or criminal fine, or was sentenced to a term of publish a report describing the process by which SION. imprisonment, for violating any provision of the the pool was developed, and shall include in the (a) CRITERIA FOR ELIGIBILITY.— Federal Election Campaign Act of 1971 (52 report a description of how the individuals in (1) IN GENERAL.—An individual is eligible to U.S.C. 30101 et seq.). the pool meet the eligibility criteria of subsection serve as a member of an independent redis- (F) The individual or an immediate family (a) and of how the pool reflects the factors the tricting commission under this part if the indi- member of the individual is an agent of a for- agency is required to take into consideration vidual meets each of the following criteria: eign principal under the Foreign Agents Reg- under paragraph (2). (A) As of the date of appointment, the indi- istration Act of 1938, as amended (22 U.S.C. 611 (6) PUBLIC COMMENT ON SELECTION POOL.— vidual is registered to vote in elections for Fed- et seq.). During the 14-day period which begins on the eral office held in the State. (3) IMMEDIATE FAMILY MEMBER DEFINED.—In date the nonpartisan agency publishes the re- (B) During the 3-year period ending on the this subsection, the term ‘‘immediate family port under paragraph (5), the agency shall ac- date of the individual’s appointment, the indi- member’’ means, with respect to an individual, a cept comments from the public on the individ- vidual has been continuously registered to vote father, stepfather, mother, stepmother, son, uals included in the selection pool. The agency with the same political party, or has not been stepson, daughter, stepdaughter, brother, step- shall transmit all such comments to the Select registered to vote with any political party. brother, sister, stepsister, husband, wife, father- Committee on Redistricting immediately upon (C) The individual submits to the nonpartisan in-law, or mother-in-law. the expiration of such period. agency established or designated by a State (b) DEVELOPMENT AND SUBMISSION OF SELEC- (7) ACTION BY SELECT COMMITTEE.— under section 2453, at such time and in such TION POOL.— (A) IN GENERAL.—Not later than August 1, form as the agency may require, an application (1) IN GENERAL.—Not later than July 15, 2021, 2021, the Select Committee on Redistricting for inclusion in the selection pool under this sec- the nonpartisan agency established or des- shall— tion, and includes with the application a writ- ignated by a State under section 2454(a) shall (i) approve the pool as submitted by the non- ten statement, with an attestation under pen- develop and submit to the Select Committee on partisan agency, in which case the pool shall be alty of perjury, containing the following infor- Redistricting for the State established under sec- considered the approved selection pool for pur- mation and assurances: tion 2454(b) a selection pool of 36 individuals poses of section 2451(a)(1); or (i) The full current name and any former who are eligible to serve as members of the inde- (ii) reject the pool, in which case the redis- names of, and the contact information for, the pendent redistricting commission of the State tricting plan for the State shall be developed individual, including an electronic mail address, under this part, consisting of individuals in the and enacted in accordance with part 3. the address of the individual’s residence, mail- following categories: (B) INACTION DEEMED REJECTION.—If the Se- ing address, and telephone numbers. (A) A majority category, consisting of 12 indi- lect Committee on Redistricting fails to approve (ii) The individual’s race, ethnicity, gender, viduals who are affiliated with the political or reject the pool within the deadline set forth age, date of birth, and household income for the party whose candidate received the most votes in subparagraph (A), the Select Committee shall most recent taxable year. in the most recent Statewide election for Federal be deemed to have rejected the pool for purposes (iii) The political party with which the indi- office held in the State. of such subparagraph. vidual is affiliated, if any. (B) A minority category, consisting of 12 indi- SEC. 2453. CRITERIA FOR REDISTRICTING PLAN; (iv) The reason or reasons the individual de- viduals who are affiliated with the political PUBLIC NOTICE AND INPUT. sires to serve on the independent redistricting party whose candidate received the second most (a) PUBLIC NOTICE AND INPUT.— commission, the individual’s qualifications, and votes in the most recent Statewide election for (1) USE OF OPEN AND TRANSPARENT PROCESS.— information relevant to the ability of the indi- Federal office held in the State. The independent redistricting commission of a vidual to be fair and impartial, including, but (C) An independent category, consisting of 12 State under this part shall hold each of its meet- not limited to— individuals who are not affiliated with either of ings in public, shall solicit and take into consid- (I) any involvement with, or financial support the political parties described in subparagraph eration comments from the public, including of, professional, social, political, religious, or (A) or subparagraph (B). proposed maps, throughout the process of devel- community organizations or causes; (2) FACTORS TAKEN INTO ACCOUNT IN DEVEL- oping the redistricting plan for the State, and (II) the individual’s employment and edu- OPING POOL.—In selecting individuals for the se- shall carry out its duties in an open and trans- cational history. lection pool under this subsection, the non- parent manner which provides for the widest (v) An assurance that the individual shall partisan agency shall— public dissemination reasonably possible of its commit to carrying out the individual’s duties (A) ensure that the pool is representative of proposed and final redistricting plans. under this subtitle in an honest, independent, the demographic groups (including racial, eth- (2) PUBLIC COMMENT PERIOD.—The commis- and impartial fashion, and to upholding public nic, economic, and gender) and geographic re- sion shall solicit, accept, and consider comments confidence in the integrity of the redistricting gions of the State, and includes applicants who from the public with respect to its duties, activi- process. would allow racial, ethnic, and language mi- ties, and procedures at any time until 7 days be- (vi) An assurance that, during such covered norities protected under the Voting Rights Act fore the date of the meeting at which the com- period as the State may establish with respect to of 1965 a meaningful opportunity to participate mission shall vote on approving the final redis- any of the subparagraphs of paragraph (2), the in the development of the State’s redistricting tricting plan for enactment into law under sub- individual has not taken and will not take any plan; and section (c)(2). action which would disqualify the individual (B) take into consideration the analytical (3) MEETINGS AND HEARINGS IN VARIOUS GEO- from serving as a member of the commission skills of the individuals selected in relevant GRAPHIC LOCATIONS.—To the greatest extent under such paragraph. fields (including mapping, data management, practicable, the commission shall hold its meet- (2) DISQUALIFICATIONS.—An individual is not law, community outreach, demography, and the ings and hearings in various geographic regions eligible to serve as a member of the commission geography of the State) and their ability to and locations throughout the State. if any of the following applies with respect to work on an impartial basis. (4) MULTIPLE LANGUAGE REQUIREMENTS FOR such covered period as the State may establish: (3) DETERMINATION OF POLITICAL PARTY AF- ALL NOTICES.—The commission shall make each (A) The individual or an immediate family FILIATION OF INDIVIDUALS IN SELECTION POOL.— notice which is required to be published under member of the individual holds public office or For purposes of this section, an individual shall this section available in any language in which is a candidate for election for public office. be considered to be affiliated with a political the State (or any jurisdiction in the State) is re- (B) The individual or an immediate family party only if the nonpartisan agency is able to quired to provide election materials under sec- member of the individual serves as an officer of verify (to the greatest extent possible) the infor- tion 203 of the Voting Rights Act of 1965. a political party or as an officer, employee, or mation the individual provides in the applica- (b) DEVELOPMENT AND PUBLICATION OF PRE- paid consultant of a campaign committee of a tion submitted under subsection (a)(1)(C), in- LIMINARY REDISTRICTING PLAN.—

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(1) IN GENERAL.—Prior to developing and pub- (3) PUBLICATION OF PLAN AND ACCOMPANYING (6) DEADLINE.—The State shall meet the re- lishing a final redistricting plan under sub- MATERIALS.—Not fewer than 14 days before the quirements of this subsection not later than section (c), the independent redistricting com- date of the meeting under paragraph (2), the June 1, 2021. mission of a State under this part shall develop commission shall make the following informa- (b) ESTABLISHMENT OF SELECT COMMITTEE ON and publish a preliminary redistricting plan. tion to the public, including through news- REDISTRICTING.— (2) MINIMUM PUBLIC HEARINGS AND OPPOR- papers of general circulation throughout the (1) IN GENERAL.—Each State shall appoint a TUNITY FOR COMMENT PRIOR TO DEVELOPMENT.— State: Select Committee on Redistricting to approve or (A) 2 HEARINGS REQUIRED.—Prior to devel- (A) The final redistricting plan, including all disapprove a selection pool developed by the oping a preliminary redistricting plan under relevant maps. independent redistricting commission for the this subsection, the commission shall hold not (B) A report by the commission to accompany State under this part under section 2452. fewer than 2 public hearings at which members the plan which provides the background for the (2) APPOINTMENT.—The Select Committee on of the public may provide input and comments plan and the commission’s reasons for selecting Redistricting for a State under this subsection regarding the potential contents of redistricting the plan as the final redistricting plan, includ- shall consist of the following members: plans for the State and the process by which the ing responses to the public comments received on (A) One member of the upper house of the commission will develop the preliminary plan any preliminary redistricting plan developed State legislature, who shall be appointed by the under this subsection. and published under subsection (b). leader of the party with the greatest number of (B) NOTICE PRIOR TO HEARINGS.—The commis- (C) Any dissenting or additional views with seats in the upper house. sion shall provide for the publication of notices respect to the plan of individual members of the (B) One member of the upper house of the of each hearing held under this paragraph, in- commission. State legislature, who shall be appointed by the cluding in newspapers of general circulation (4) ENACTMENT.—The final redistricting plan leader of the party with the second greatest throughout the State. Each such notice shall developed and published under this subsection number of seats in the upper house. specify the date, time, and location of the hear- shall be deemed to be enacted into law upon the (C) One member of the lower house of the ing. expiration of the 45-day period which begins on State legislature, who shall be appointed by the (C) SUBMISSION OF PLANS AND MAPS BY MEM- the date on which— leader of the party with the greatest number of BERS OF THE PUBLIC.—Any member of the public (A) such final plan is approved by a majority seats in the lower house. may submit maps or portions of maps for consid- of the whole membership of the commission; and (D) One member of the lower house of the eration by the commission. (B) at least one member of the commission ap- State legislature, who shall be appointed by the (3) PUBLICATION OF PRELIMINARY PLAN.—The pointed from each of the categories of the ap- leader of the party with the second greatest commission shall provide for the publication of proved selection pool described in section number of seats in the lower house. the preliminary redistricting plan developed 2452(b)(1) approves such final plan. (3) SPECIAL RULE FOR STATES WITH UNICAM- under this subsection, including in newspapers (d) WRITTEN EVALUATION OF PLAN AGAINST ERAL LEGISLATURE.—In the case of a State with of general circulation throughout the State, and EXTERNAL METRICS.—The independent redis- a unicameral legislature, the Select Committee shall make publicly available a report that in- tricting commission of a State under this part on Redistricting for the State under this sub- cludes the commission’s responses to any public shall include with each redistricting plan devel- section shall consist of the following members: comments received under this subsection, . oped and published under this section a written (A) Two members of the State legislature ap- (4) PUBLIC COMMENT AFTER PUBLICATION.— evaluation that measures each such plan pointed by the chair of the political party of the The commission shall accept and consider com- against external metrics which cover the criteria State whose candidate received the highest per- ments from the public with respect to the pre- set forth section 2403(a), including the impact of centage of votes in the most recent Statewide liminary redistricting plan published under the plan on the ability of communities of color election for Federal office held in the State. paragraph (3), including proposed revisions to to elect candidates of choice, measures of par- (B) Two members of the State legislature ap- maps, until 14 days before the date of the meet- tisan fairness using multiple accepted meth- pointed by the chair of the political party whose ing under subsection (c)(2) at which the mem- odologies, and the degree to which the plan pre- candidate received the second highest percent- bers of the commission shall vote on approving serves or divides communities of interest. age of votes in the most recent Statewide elec- the final redistricting plan for enactment into (e) DEADLINE.—The independent redistricting tion for Federal office held in the State. law. commission of a State under this part shall ap- (4) DEADLINE.—The State shall meet the re- (5) POST-PUBLICATION HEARINGS.— prove a final redistricting plan for the State not quirements of this subsection not later than (A) 2 HEARINGS REQUIRED.—After publishing later than November 15, 2021. the preliminary redistricting plan under para- June 15, 2021. SEC. 2454. ESTABLISHMENT OF RELATED ENTI- (5) RULE OF CONSTRUCTION.—Nothing in this graph (3), and not later than 14 days before the TIES. subsection may be construed to prohibit the date of the meeting under subsection (c)(2) at (a) ESTABLISHMENT OR DESIGNATION OF NON- leader of any political party in a legislature which the members of the commission shall vote PARTISAN AGENCY OF STATE LEGISLATURE.— from appointment to the Select Committee on on approving the final redistricting plan for en- (1) IN GENERAL.—Each State shall establish a Redistricting. actment into law, the commission shall hold not nonpartisan agency in the legislative branch of fewer than 2 public hearings in different geo- SEC. 2455. REPORT ON DIVERSITY OF MEMBER- the State government to appoint the members of SHIPS OF INDEPENDENT REDIS- graphic areas of the State at which members of the independent redistricting commission for the TRICTING COMMISSIONS. the public may provide input and comments re- State under this part in accordance with section Not later than November 15, 2021, the Comp- garding the preliminary plan. 2451. troller General of the United States shall submit (B) NOTICE PRIOR TO HEARINGS.—The commis- (2) NONPARTISANSHIP DESCRIBED.—For pur- to Congress a report on the extent to which the sion shall provide for the publication of notices poses of this subsection, an agency shall be con- memberships of independent redistricting com- of each hearing held under this paragraph, in- sidered to be nonpartisan if under law the agen- missions for States established under this part cluding in newspapers of general circulation cy— with respect to the immediately preceding year throughout the State. Each such notice shall (A) is required to provide services on a non- ending in the numeral zero meet the diversity re- specify the date, time, and location of the hear- partisan basis; quirements as provided for in sections ing. (B) is required to maintain impartiality; and 2451(a)(2)(B) and 2452(b)(2). (6) PERMITTING MULTIPLE PRELIMINARY (C) is prohibited from advocating for the PLANS.—At the option of the commission, after adoption or rejection of any legislative proposal. Subtitle F—Saving Eligible Voters From Voter developing and publishing the preliminary re- (3) DESIGNATION OF EXISTING AGENCY.—At its Purging districting plan under this subsection, the com- option, a State may designate an existing agen- SEC. 2501. SHORT TITLE. mission may develop and publish subsequent cy in the legislative branch of its government to This subtitle may be cited as the ‘‘Stop Auto- preliminary redistricting plans, so long as the appoint the members of the independent redis- matically Voiding Eligible Voters Off Their En- process for the development and publication of tricting commission plan for the State under this listed Rolls in States Act’’ or the ‘‘SAVE VOT- each such subsequent plan meets the require- subtitle, so long as the agency meets the require- ERS Act’’. ments set forth in this subsection for the devel- ments for nonpartisanship under this sub- SEC. 2502. CONDITIONS FOR REMOVAL OF VOT- opment and publication of the first preliminary section. ERS FROM LIST OF REGISTERED redistricting plan. (4) TERMINATION OF AGENCY SPECIFICALLY ES- VOTERS. (c) PROCESS FOR ENACTMENT OF FINAL REDIS- TABLISHED FOR REDISTRICTING.—If a State does (a) CONDITIONS DESCRIBED.—The National TRICTING PLAN.— not designate an existing agency under para- Voter Registration Act of 1993 (52 U.S.C. 20501 et (1) IN GENERAL.—After taking into consider- graph (3) but instead establishes a new agency seq.) is amended by inserting after section 8 the ation comments from the public on any prelimi- to serve as the nonpartisan agency under this following new section: nary redistricting plan developed and published section, the new agency shall terminate upon ‘‘SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS under subsection (b), the independent redis- the enactment into law of the redistricting plan FROM OFFICIAL LIST OF REG- tricting commission of a State under this part for the State. ISTERED VOTERS. shall develop and publish a final redistricting (5) PRESERVATION OF RECORDS.—The State ‘‘(a) VERIFICATION ON BASIS OF OBJECTIVE plan for the State. shall ensure that the records of the nonpartisan AND RELIABLE EVIDENCE OF INELIGIBILITY.— (2) MEETING; FINAL VOTE.—Not later than the agency are retained in the appropriate State ar- ‘‘(1) REQUIRING VERIFICATION.—Notwith- deadline specified in subsection (e), the commis- chive in such manner as may be necessary to en- standing any other provision of this Act, a State sion shall hold a public hearing at which the able the State to respond to any civil action may not remove the name of any registrant from members of the commission shall vote on approv- brought with respect to congressional redis- the official list of voters eligible to vote in elec- ing the final plan for enactment into law. tricting in the State. tions for Federal office in the State unless the

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H927 State verifies, on the basis of objective and reli- Subtitle G—No Effect on Authority of States ty-sixth amendment challenge was filed in fed- able evidence, that the registrant is ineligible to To Provide Greater Opportunities for Voting eral court. The challenge prompted the removal vote in such elections. SEC. 2601. NO EFFECT ON AUTHORITY OF STATES of a Michigan voting law which required first ‘‘(2) FACTORS NOT CONSIDERED AS OBJECTIVE TO PROVIDE GREATER OPPORTUNI- time voters who registered by mail or through a AND RELIABLE EVIDENCE OF INELIGIBILITY.—For TIES FOR VOTING. third-party voter registration drive to vote in purposes of paragraph (1), the following factors, Nothing in this title or the amendments made person for the first time, as well as the removal or any combination thereof, shall not be treated by this title may be construed to prohibit any of another law which required the address listed as objective and reliable evidence of a reg- State from enacting any law which provides on a voter’s driver license to match the address istrant’s ineligibility to vote: greater opportunities for individuals to register listed on their voter registration card. ‘‘(A) The failure of the registrant to vote in to vote and to vote in elections for Federal office (10) Youth voter suppression tactics are often any election. than are provided by this title and the amend- linked to other tactics aimed at minority voters. ‘‘(B) The failure of the registrant to respond ments made by this title. For example, students at Prairie View A&M to any notice sent under section 8(d), unless the Subtitle H—Residence of Incarcerated University (PVAMU), a historically black uni- notice has been returned as undeliverable. Individuals versity in Texas, have been the targets of voter ‘‘(C) The failure of the registrant to take any SEC. 2701. RESIDENCE OF INCARCERATED INDI- suppression tactics for decades. Before the 2018 other action with respect to voting in any elec- VIDUALS. election, PVAMU students sued Waller County tion or with respect to the registrant’s status as Section 141 of title 13, United States Code, is on the basis of both racial and age discrimina- a registrant. amended tion over the County’s failure to ensure equal ‘‘(b) NOTICE AFTER REMOVAL.— (1) by redesignating subsection (g) as sub- early voting opportunities for students, spurring ‘‘(1) NOTICE TO INDIVIDUAL REMOVED.— section (h); and the County to reverse course and expand early ‘‘(A) IN GENERAL.—Not later than 48 hours (2) by inserting after subsection (f) the fol- voting access for students. after a State removes the name of a registrant lowing: (11) The more than 25 million United States from the official list of eligible voters for any ‘‘(g)(1) Effective beginning with the 2020 de- citizens ages 18-24 deserve equal opportunity to reason (other than the death of the registrant), cennial census of population, in taking any tab- participate in the electoral process as guaran- the State shall send notice of the removal to the ulation of total population by States under sub- teed by the twenty-sixth amendment. former registrant, and shall include in the no- section (a) for purposes of the apportionment of Subtitle J—Severability Representatives in Congress among the several tice the grounds for the removal and informa- SEC. 2901. SEVERABILITY. tion on how the former registrant may contest States, the Secretary shall, with respect to an If any provision of this title or amendment the removal or be reinstated, including a tele- individual incarcerated in a State, Federal, made by this title, or the application of a provi- phone number for the appropriate election offi- county, or municipal correctional center as of sion or amendment to any person or cir- cial. the date on which such census is taken, at- cumstance, is held to be unconstitutional, the ‘‘(B) EXCEPTIONS.—Subparagraph (A) does tribute such individual to such individual’s last remainder of this title and amendments made by not apply in the case of a registrant— place of residence before incarceration. this title, and the application of the provisions ‘‘(i) who sends written confirmation to the ‘‘(2) In carrying out this subsection, the Sec- retary shall consult with each State department and amendment to any person or circumstance, State that the registrant is no longer eligible to shall not be affected by the holding. vote in the registrar’s jurisdiction in which the of corrections to collect the information nec- registrant was registered; or essary to make the determination required under TITLE III—ELECTION SECURITY ‘‘(ii) who is removed from the official list of el- paragraph (1).’’. Sec. 3000. Short title; sense of Congress. igible voters by reason of the death of the reg- Subtitle I—Findings Relating to Youth Voting Subtitle A—Financial Support for Election istrant. SEC. 2801. FINDINGS RELATING TO YOUTH VOT- Infrastructure ING. ‘‘(2) PUBLIC NOTICE.—Not later than 48 hours PART 1—VOTING SYSTEM SECURITY Congress finds the following: after conducting any general program to remove IMPROVEMENT GRANTS the names of ineligible voters from the official (1) The right to vote is a fundamental right of list of eligible voters (as described in section citizens of the United States. Sec. 3001. Grants for obtaining compliant paper 8(a)(4)), the State shall disseminate a public no- (2) The twenty-sixth amendment of the United ballot voting systems and carrying tice through such methods as may be reasonable States Constitution guarantees that ‘‘The right out voting system security im- to reach the general public (including by pub- of citizens of the United States, who are eight- provements. lishing the notice in a newspaper of wide cir- een years of age or older, to vote shall not be de- Sec. 3002. Coordination of voting system secu- culation or posting the notice on the websites of nied or abridged by the United States or by any rity activities with use of require- the appropriate election officials) that list main- State on account of age.’’. ments payments and election ad- tenance is taking place and that registrants (3) The twenty-sixth amendment of the United ministration requirements under should check their registration status to ensure States Constitution grants Congress the power Help America Vote Act of 2002. no errors or mistakes have been made. The State to enforce the amendment by appropriate legis- Sec. 3003. Incorporation of definitions. shall ensure that the public notice disseminated lation. PART 2—GRANTS FOR RISK-LIMITING AUDITS OF (4) The language of the twenty-sixth amend- under this paragraph is in a format that is rea- RESULTS OF ELECTIONS ment closely mirrors that of the fifteenth amend- sonably convenient and accessible to voters with Sec. 3011. Grants to States for conducting risk- ment and the nineteenth amendment. Like those disabilities, including voters who have low vi- limiting audits of results of elec- amendments, the twenty-sixth amendment not sion or are blind.’’. tions. only prohibits denial of the right to vote but (b) CONDITIONS FOR TRANSMISSION OF NOTICES Sec. 3012. GAO analysis of effects of audits. also prohibits any actions that abridge the right OF REMOVAL.—Section 8(d) of such Act (52 to vote. PART 3—ELECTION INFRASTRUCTURE INNOVATION U.S.C. 20507(d)) is amended by adding at the (5) Youth voter suppression undercuts partici- GRANT PROGRAM end the following new paragraph: pation in our democracy by introducing arduous Sec. 3021. Election infrastructure innovation ‘‘(4) A State may not transmit a notice to a obstacles to new voters and discouraging a cul- registrant under this subsection unless the State grant program. ture of democratic engagement. Subtitle B—Security Measures obtains objective and reliable evidence (in ac- (6) Voting is habit forming, and allowing cordance with the standards for such evidence youth voters unobstructed access to voting en- Sec. 3101. Election infrastructure designation. which are described in section 8A(a)(2)) that the sures that more Americans will start a life-long Sec. 3102. Timely threat information. registrant has changed residence to a place out- habit of voting as soon as possible. Sec. 3103. Security clearance assistance for elec- side the registrar’s jurisdiction in which the reg- (7) Youth voter suppression is a clear, per- tion officials. istrant is registered.’’. sistent, and growing problem. The actions of Sec. 3104. Security risk and vulnerability as- (c) CONFORMING AMENDMENTS.— States and political subdivisions resulting in at sessments. (1) NATIONAL VOTER REGISTRATION ACT OF least four findings of twenty-sixth amendment Sec. 3105. Annual reports. 1993.—Section 8(a) of such Act (52 U.S.C. violations as well as pending litigation dem- Sec. 3106. Pre-election threat assessments. 20507(a)) is amended— onstrate the need for Congress to take action to Subtitle C—Enhancing Protections for United (A) in paragraph (3), by striking ‘‘provide’’ enforce the twenty-sixth amendment. States Democratic Institutions and inserting ‘‘subject to section 8A, provide’’; (8) In League of Women Voters of Florida, Sec. 3201. National strategy to protect United and Inc. v. Detzner (2018), the United States District States democratic institutions. (B) in paragraph (4), by striking ‘‘conduct’’ Court in the Northern District of Florida found Sec. 3202. National Commission to Protect and inserting ‘‘subject to section 8A, conduct’’. that the Secretary of State’s actions that pre- United States Democratic Institu- (2) HELP AMERICA VOTE ACT OF 2002.—Section vented in-person early voting sites from being tions. 303(a)(4)(A) of the Help America Vote Act of located on university property revealed a stark 2002 (52 U.S.C. 21083(a)(4)(A)) is amended by pattern of discrimination that was Subtitle D—Promoting Cybersecurity Through striking ‘‘, registrants’’ and inserting ‘‘, and unexplainable on grounds other than age and Improvements in Election Administration subject to section 8A of such Act, registrants’’. thus violated university students’ twenty-sixth Sec. 3301. Testing of existing voting systems to (d) EFFECTIVE DATE.—The amendments made Amendment rights. ensure compliance with election by this section shall take effect on the date of (9) In 2019, Michigan agreed to a settlement to cybersecurity guidelines and other the enactment of this Act. enhance college-age voters’ access after a twen- guidelines.

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 6343 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H928 CONGRESSIONAL RECORD — HOUSE March 2, 2021 Sec. 3302. Treatment of electronic poll books as ‘‘(3) to implement and model best practices for ‘‘(4) The maintenance of election infrastruc- part of voting systems. ballot design, ballot instructions, and the testing ture, including addressing risks and Sec. 3303. Pre-election reports on voting system of ballots. vulnerabilities which are identified under either usage. ‘‘(b) AMOUNT OF GRANT.—The amount of a of the security risk and vulnerability assess- Sec. 3304. Streamlining collection of election in- grant made to a State under this section shall be ments described in paragraph (3), except that formation. such amount as the Commission determines to be none of the funds provided under this part may Subtitle E—Preventing Election Hacking appropriate, except that such amount may not be used to renovate or replace a building or fa- be less than the product of $1 and the average cility which is used primarily for purposes other Sec. 3401. Short title. of the number of individuals who cast votes in than the administration of elections for public Sec. 3402. Election Security Bug Bounty Pro- any of the two most recent regularly scheduled office. gram. general elections for Federal office held in the ‘‘(5) Providing increased technical support for Subtitle F—Election Security Grants Advisory State. any information technology infrastructure that Committee ‘‘(c) PRO RATA REDUCTIONS.—If the amount of the chief State election official deems to be part Sec. 3501. Establishment of advisory committee. funds appropriated for grants under this part is of the State’s election infrastructure or des- Subtitle G—Miscellaneous Provisions insufficient to ensure that each State receives ignates as critical to the operation of the State’s the amount of the grant calculated under sub- election infrastructure. Sec. 3601. Definitions. section (b), the Commission shall make such pro ‘‘(6) Enhancing the cybersecurity and oper- Sec. 3602. Initial report on adequacy of re- rata reductions in such amounts as may be nec- ations of the information technology infrastruc- sources available for implementa- essary to ensure that the entire amount appro- ture described in paragraph (4). tion. priated under this part is distributed to the ‘‘(7) Enhancing the cybersecurity of voter reg- Subtitle H—Use of Voting Machines States. istration systems. Manufactured in the United States ‘‘(d) SURPLUS APPROPRIATIONS.—If the ‘‘(b) QUALIFIED ELECTION INFRASTRUCTURE VENDORS DESCRIBED.— Sec. 3701. Use of voting machines manufactured amount of funds appropriated for grants au- thorized under section 298D(a)(2) exceed the ‘‘(1) IN GENERAL.—For purposes of this part, a in the United States. ‘qualified election infrastructure vendor’ is any amount necessary to meet the requirements of Subtitle I—Severability person who provides, supports, or maintains, or subsection (b), the Commission shall consider who seeks to provide, support, or maintain, elec- Sec. 3801. Severability. the following in making a determination to tion infrastructure on behalf of a State, unit of SEC. 3000. SHORT TITLE; SENSE OF CONGRESS. award remaining funds to a State: (a) SHORT TITLE.—This title may be cited as ‘‘(1) The record of the State in carrying out local government, or election agency (as defined the ‘‘Election Security Act’’. the following with respect to the administration in section 3601 of the Election Security Act) who (b) SENSE OF CONGRESS ON NEED TO IMPROVE of elections for Federal office: meets the criteria described in paragraph (2). ‘‘(2) CRITERIA.—The criteria described in this ELECTION INFRASTRUCTURE SECURITY.—It is the ‘‘(A) Providing voting machines that are less sense of Congress that, in light of the lessons than 10 years old. paragraph are such criteria as the Chairman, in learned from Russian interference in the 2016 ‘‘(B) Implementing strong chain of custody coordination with the Secretary of Homeland Presidential election, the Federal Government procedures for the physical security of voting Security, shall establish and publish, and shall should intensify its efforts to improve the secu- equipment and paper records at all stages of the include each of the following requirements: ‘‘(A) The vendor must be owned and con- rity of election infrastructure in the United process. trolled by a citizen or permanent resident of the States, including through the use of individual, ‘‘(C) Conducting pre-election testing on every voting machine and ensuring that paper ballots United States. durable, paper ballots marked by the voter by ‘‘(B) The vendor must disclose to the Chair- hand. are available wherever electronic machines are used. man and the Secretary, and to the chief State Subtitle A—Financial Support for Election ‘‘(D) Maintaining offline backups of voter reg- election official of any State to which the ven- Infrastructure istration lists. dor provides any goods and services with funds PART 1—VOTING SYSTEM SECURITY ‘‘(E) Providing a secure voter registration provided under this part, of any sourcing out- IMPROVEMENT GRANTS database that logs requests submitted to the side the United States for parts of the election SEC. 3001. GRANTS FOR OBTAINING COMPLIANT database. infrastructure. PAPER BALLOT VOTING SYSTEMS ‘‘(F) Publishing and enforcing a policy detail- ‘‘(C) The vendor must disclose to the Chair- AND CARRYING OUT VOTING SYSTEM ing use limitations and security safeguards to man and the Secretary, and to the chief State SECURITY IMPROVEMENTS. protect the personal information of voters in the election official of any State to which the ven- (a) AVAILABILITY OF GRANTS.—Subtitle D of voter registration process. dor provides any goods and services with funds title II of the Help America Vote Act of 2002 (52 ‘‘(G) Providing secure processes and proce- provided under this part, the identification of U.S.C. 21001 et seq.), as amended by section dures for reporting vote tallies. any entity or individual with a more than five 1622(b), is amended by adding at the end the fol- ‘‘(H) Providing a secure platform for dissemi- percent ownership interest in the vendor. lowing new part: nating vote totals. ‘‘(D) The vendor agrees to ensure that the ‘‘(2) Evidence of established conditions of in- election infrastructure will be developed and ‘‘PART 8—GRANTS FOR OBTAINING COM- novation and reform in providing voting system maintained in a manner that is consistent with PLIANT PAPER BALLOT VOTING SYS- security and the proposed plan of the State for the cybersecurity best practices issued by the TEMS AND CARRYING OUT VOTING SYS- implementing additional conditions. Technical Guidelines Development Committee. TEM SECURITY IMPROVEMENTS ‘‘(3) Evidence of collaboration between rel- ‘‘(E) The vendor agrees to maintain its infor- ‘‘SEC. 298. GRANTS FOR OBTAINING COMPLIANT evant stakeholders, including local election offi- mation technology infrastructure in a manner PAPER BALLOT VOTING SYSTEMS cials, in developing the grant implementation that is consistent with the cybersecurity best AND CARRYING OUT VOTING SYSTEM plan described in section 298B. practices issued by the Technical Guidelines De- SECURITY IMPROVEMENTS. ‘‘(4) The plan of the State to conduct a rig- velopment Committee. ‘‘(a) AVAILABILITY AND USE OF GRANT.—The orous evaluation of the effectiveness of the ac- ‘‘(F) The vendor agrees to ensure that the Commission shall make a grant to each eligible tivities carried out with the grant. election infrastructure will be developed and State— ‘‘(e) ABILITY OF REPLACEMENT SYSTEMS TO maintained in a manner that is consistent with ‘‘(1) to replace a voting system— ADMINISTER RANKED CHOICE ELECTIONS.—To the supply chain best practices issued by the ‘‘(A) which does not meet the requirements the greatest extent practicable, an eligible State Technical Guidelines Development Committee. which are first imposed on the State pursuant to which receives a grant to replace a voting sys- ‘‘(G) The vendor agrees to ensure that it has the amendments made by the Voter Confidence tem under this section shall ensure that the re- personnel policies and practices in place that and Increased Accessibility Act of 2021 with a placement system is capable of administering a are consistent with personnel best practices, in- voting system which does meet such require- system of ranked choice voting under which cluding cybersecurity training and background ments, for use in the regularly scheduled gen- each voter shall rank the candidates for the of- checks, issued by the Technical Guidelines De- eral elections for Federal office held in Novem- fice in the order of the voter’s preference. velopment Committee. ber 2022, or ‘‘SEC. 298A. VOTING SYSTEM SECURITY IMPROVE- ‘‘(H) The vendor agrees to ensure that the ‘‘(B) which does meet such requirements but MENTS DESCRIBED. election infrastructure will be developed and which is not in compliance with the most recent ‘‘(a) PERMITTED USES.—A voting system secu- maintained in a manner that is consistent with voluntary voting system guidelines issued by the rity improvement described in this section is any data integrity best practices, including require- Commission prior to the regularly scheduled of the following: ments for encrypted transfers and validation, general election for Federal office held in No- ‘‘(1) The acquisition of goods and services testing and checking printed materials for accu- vember 2022 with another system which does from qualified election infrastructure vendors by racy, and disclosure of quality control incidents, meet such requirements and is in compliance purchase, lease, or such other arrangements as issued by the Technical Guidelines Development with such guidelines; may be appropriate. Committee ‘‘(2) to carry out voting system security im- ‘‘(2) Cyber and risk mitigation training. ‘‘(I) The vendor agrees to meet the require- provements described in section 298A with re- ‘‘(3) A security risk and vulnerability assess- ments of paragraph (3) with respect to any spect to the regularly scheduled general elec- ment of the State’s election infrastructure which known or suspected cybersecurity incidents in- tions for Federal office held in November 2022 is carried out by a provider of cybersecurity volving any of the goods and services provided and each succeeding election for Federal office; services under a contract entered into between by the vendor pursuant to a grant under this and the chief State election official and the provider. part.

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H929 ‘‘(J) The vendor agrees to permit independent ‘‘(2) $175,000,000 for each of the fiscal years the chief State election official deems to be part security testing by the Commission (in accord- 2022, 2024, 2026, and 2028. of the State’s election infrastructure or des- ance with section 231(a)) and by the Secretary ‘‘(b) CONTINUING AVAILABILITY OF ignates as critical to the operation of the State’s of the goods and services provided by the vendor AMOUNTS.—Any amounts appropriated pursu- election infrastructure. pursuant to a grant under this part. ant to the authorization of this section shall re- ‘‘(C) Enhancing the cybersecurity and oper- ‘‘(3) CYBERSECURITY INCIDENT REPORTING RE- main available until expended.’’. ations of the information technology infrastruc- QUIREMENTS.— (b) CLERICAL AMENDMENT.—The table of con- ture described in subparagraph (B). ‘‘(A) IN GENERAL.—A vendor meets the re- tents of such Act, as amended by section 1622(c), ‘‘(D) Enhancing the security of voter registra- quirements of this paragraph if, upon becoming is amended by adding at the end of the items re- tion databases.’’. aware of the possibility that an election cyberse- lating to subtitle D of title II the following: (2) INCORPORATION OF ELECTION INFRASTRUC- curity incident has occurred involving any of TURE PROTECTION IN STATE PLANS FOR USE OF ‘‘PART 8—GRANTS FOR OBTAINING COMPLIANT the goods and services provided by the vendor PAYMENTS.—Section 254(a)(1) of such Act (52 PAPER BALLOT VOTING SYSTEMS AND CAR- pursuant to a grant under this part— U.S.C. 21004(a)(1)) is amended by striking the RYING OUT VOTING SYSTEM SECURITY IM- ‘‘(i) the vendor promptly assesses whether or period at the end and inserting ‘‘, including the PROVEMENTS not such an incident occurred, and submits a protection of election infrastructure.’’. notification meeting the requirements of sub- ‘‘Sec. 298. Grants for obtaining compliant (3) COMPOSITION OF COMMITTEE RESPONSIBLE paragraph (B) to the Secretary and the Chair- paper ballot voting systems and FOR DEVELOPING STATE PLAN FOR USE OF PAY- man of the assessment as soon as practicable carrying out voting system secu- MENTS.—Section 255 of such Act (52 U.S.C. (but in no case later than 3 days after the ven- rity improvements. 21005) is amended— dor first becomes aware of the possibility that ‘‘Sec. 298A. Voting system security improve- (A) by redesignating subsection (b) as sub- the incident occurred); ments described. section (c); and (B) by inserting after subsection (a) the fol- ‘‘(ii) if the incident involves goods or services ‘‘Sec. 298B. Eligibility of States. ‘‘Sec. 298C. Reports to Congress. lowing new subsection: provided to an election agency, the vendor sub- ‘‘Sec. 298D. Authorization of appropria- ‘‘(b) GEOGRAPHIC REPRESENTATION.—The mits a notification meeting the requirements of tions. members of the committee shall be a representa- subparagraph (B) to the agency as soon as prac- tive group of individuals from the State’s coun- ticable (but in no case later than 3 days after SEC. 3002. COORDINATION OF VOTING SYSTEM SECURITY ACTIVITIES WITH USE OF ties, cities, towns, and Indian tribes, and shall the vendor first becomes aware of the possibility REQUIREMENTS PAYMENTS AND represent the needs of rural as well as urban that the incident occurred), and cooperates with ELECTION ADMINISTRATION RE- areas of the State, as the case may be.’’. the agency in providing any other necessary no- QUIREMENTS UNDER HELP AMERICA (f) ENSURING PROTECTION OF COMPUTERIZED tifications relating to the incident; and VOTE ACT OF 2002. STATEWIDE VOTER REGISTRATION LIST.—Section ‘‘(iii) the vendor provides all necessary up- (a) DUTIES OF ELECTION ASSISTANCE COMMIS- 303(a)(3) of such Act (52 U.S.C. 21083(a)(3)) is dates to any notification submitted under clause SION.—Section 202 of the Help America Vote Act amended by striking the period at the end and (i) or clause (ii). of 2002 (52 U.S.C. 20922) is amended in the mat- inserting ‘‘, as well as other measures to prevent ‘‘(B) CONTENTS OF NOTIFICATIONS.—Each noti- ter preceding paragraph (1) by striking ‘‘by’’ and deter cybersecurity incidents, as identified fication submitted under clause (i) or clause (ii) and inserting ‘‘and the security of election in- by the Commission, the Secretary of Homeland of subparagraph (A) shall contain the following frastructure by’’. Security, and the Technical Guidelines Develop- information with respect to any election cyber- (b) MEMBERSHIP OF SECRETARY OF HOMELAND ment Committee.’’. security incident covered by the notification: SECURITY ON BOARD OF ADVISORS OF ELECTION SEC. 3003. INCORPORATION OF DEFINITIONS. ‘‘(i) The date, time, and time zone when the ASSISTANCE COMMISSION.—Section 214(a) of such (a) IN GENERAL.—Section 901 of the Help election cybersecurity incident began, if known. Act (52 U.S.C. 20944(a)) is amended— America Vote Act of 2002 (52 U.S.C. 21141), as ‘‘(ii) The date, time, and time zone when the (1) by striking ‘‘37 members’’ and inserting ‘‘38 amended by section 1921(b)(1), is amended to election cybersecurity incident was detected. members’’; and read as follows: ‘‘(iii) The date, time, and duration of the elec- (2) by adding at the end the following new ‘‘SEC. 901. DEFINITIONS. tion cybersecurity incident. paragraph: ‘‘In this Act, the following definitions apply: ‘‘(iv) The circumstances of the election cyber- ‘‘(17) The Secretary of Homeland Security or ‘‘(1) The term ‘cybersecurity incident’ has the security incident, including the specific election the Secretary’s designee.’’. meaning given the term ‘incident’ in section 227 EPRESENTATIVE OF DEPARTMENT OF infrastructure systems believed to have been (c) R of the Homeland Security Act of 2002 (6 U.S.C. HOMELAND SECURITY ON TECHNICAL GUIDELINES accessed and information acquired, if any. 148). ‘‘(v) Any planned and implemented technical DEVELOPMENT COMMITTEE.—Section 221(c)(1) of ‘‘(2) The term ‘election infrastructure’ has the measures to respond to and recover from the in- such Act (52 U.S.C. 20961(c)(1)) is amended— meaning given such term in section 3601 of the cident. (1) by redesignating subparagraph (E) as sub- Election Security Act. ‘‘(vi) In the case of any notification which is paragraph (F); and ‘‘(3) The term ‘State’ means each of the sev- an update to a prior notification, any addi- (2) by inserting after subparagraph (D) the eral States, the District of Columbia, the Com- tional material information relating to the inci- following new subparagraph: monwealth of Puerto Rico, Guam, American dent, including technical data, as it becomes ‘‘(E) A representative of the Department of Samoa, the United States Virgin Islands, and available. Homeland Security.’’. the Commonwealth of the Northern Mariana Is- ‘‘SEC. 298B. ELIGIBILITY OF STATES. (d) GOALS OF PERIODIC STUDIES OF ELECTION lands.’’. ‘‘A State is eligible to receive a grant under ADMINISTRATION ISSUES; CONSULTATION WITH (b) CLERICAL AMENDMENT.—The table of con- this part if the State submits to the Commission, SECRETARY OF HOMELAND SECURITY.—Section tents of such Act is amended by amending the at such time and in such form as the Commis- 241(a) of such Act (52 U.S.C. 20981(a)) is amend- item relating to section 901 to read as follows: ed— sion may require, an application containing— ‘‘Sec. 901. Definitions.’’. ‘‘(1) a description of how the State will use (1) in the matter preceding paragraph (1), by striking ‘‘the Commission shall’’ and inserting PART 2—GRANTS FOR RISK-LIMITING the grant to carry out the activities authorized AUDITS OF RESULTS OF ELECTIONS under this part; ‘‘the Commission, in consultation with the Sec- ‘‘(2) a certification and assurance that, not retary of Homeland Security (as appropriate), SEC. 3011. GRANTS TO STATES FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS later than 5 years after receiving the grant, the shall’’; (2) by striking ‘‘and’’ at the end of paragraph OF ELECTIONS. State will carry out risk-limiting audits and will (a) AVAILABILITY OF GRANTS.—Subtitle D of carry out voting system security improvements, (3); (3) by redesignating paragraph (4) as para- title II of the Help America Vote Act of 2002 (52 as described in section 298A; and U.S.C. 21001 et seq.), as amended by sections ‘‘(3) such other information and assurances as graph (5); and (4) by inserting after paragraph (3) the fol- 1622(b) and 3001(a), is amended by adding at the the Commission may require. lowing new paragraph: end the following new part: ‘‘SEC. 298C. REPORTS TO CONGRESS. ‘‘(4) will be secure against attempts to under- ‘‘PART 9—GRANTS FOR CONDUCTING ‘‘Not later than 90 days after the end of each mine the integrity of election systems by cyber RISK-LIMITING AUDITS OF RESULTS OF fiscal year, the Commission shall submit a report or other means; and’’. ELECTIONS to the appropriate congressional committees, in- (e) REQUIREMENTS PAYMENTS.— ‘‘SEC. 299. GRANTS FOR CONDUCTING RISK-LIM- cluding the Committees on Homeland Security, (1) USE OF PAYMENTS FOR VOTING SYSTEM SE- ITING AUDITS OF RESULTS OF ELEC- House Administration, and the Judiciary of the CURITY IMPROVEMENTS.—Section 251(b) of such TIONS. House of Representatives and the Committees on Act (52 U.S.C. 21001(b)), as amended by section ‘‘(a) AVAILABILITY OF GRANTS.—The Commis- Homeland Security and Governmental Affairs, 1061(a)(2), is further amended by adding at the sion shall make a grant to each eligible State to the Judiciary, and Rules and Administration of end the following new paragraph: conduct risk-limiting audits as described in sub- the Senate, on the activities carried out with the ‘‘(5) PERMITTING USE OF PAYMENTS FOR VOT- section (b) with respect to the regularly sched- funds provided under this part. ING SYSTEM SECURITY IMPROVEMENTS.—A State uled general elections for Federal office held in ‘‘SEC. 298D. AUTHORIZATION OF APPROPRIA- may use a requirements payment to carry out November 2022 and each succeeding election for TIONS. any of the following activities: Federal office. ‘‘(a) AUTHORIZATION.—There are authorized ‘‘(A) Cyber and risk mitigation training. ‘‘(b) RISK-LIMITING AUDITS DESCRIBED.—In to be appropriated for grants under this part— ‘‘(B) Providing increased technical support for this part, a ‘risk-limiting audit’ is a post-elec- ‘‘(1) $1,000,000,000 for fiscal year 2021; and any information technology infrastructure that tion process—

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H930 CONGRESSIONAL RECORD — HOUSE March 2, 2021 ‘‘(1) which is conducted in accordance with ‘‘(2) a certification that, not later than one the Secretary shall submit to the Committee on rules and procedures established by the chief year after the date of the enactment of this sec- Homeland Security and the Committee on House State election official of the State which meet tion, the chief State election official of the State Administration of the House of Representatives the requirements of subsection (c); and has established or will establish the rules and and the Committee on Homeland Security and ‘‘(2) under which, if the reported outcome of procedures for conducting the audits which Governmental Affairs and the Committee on the election is incorrect, there is at least a pre- meet the requirements of section 299(c); Rules and Administration of the Senate a report determined percentage chance that the audit ‘‘(3) a certification that the audit shall be describing such grants and analyzing the im- will replace the incorrect outcome with the cor- completed not later than the date on which the pact, if any, of such grants on the security and rect outcome as determined by a full, hand-to- State certifies the results of the election; operation of election infrastructure, and on eye tabulation of all votes validly cast in that ‘‘(4) a certification that, after completing the voter participation. election that ascertains voter intent manually audit, the State shall publish a report on the re- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— and directly from voter-verifiable paper records. sults of the audit, together with such informa- There is authorized to be appropriated to the ‘‘(c) REQUIREMENTS FOR RULES AND PROCE- tion as necessary to confirm that the audit was Secretary $20,000,000 for each of fiscal years 2021 DURES.—The rules and procedures established conducted properly; through 2029 for purposes of carrying out this for conducting a risk-limiting audit shall in- ‘‘(5) a certification that, if a risk-limiting section. clude the following elements: audit conducted under this part leads to a full ‘‘(d) ELIGIBLE ENTITY DEFINED.—In this sec- ‘‘(1) Rules for ensuring the security of ballots manual tally of an election, State law requires tion, the term ‘eligible entity’ means— and documenting that prescribed procedures that the State or election agency shall use the ‘‘(1) an institution of higher education (as were followed. results of the full manual tally as the official re- such term is defined in section 101(a) of the ‘‘(2) Rules and procedures for ensuring the ac- sults of the election; and Higher Education Act of 1965 (20 U.S.C. curacy of ballot manifests produced by election ‘‘(6) such other information and assurances as 1001(a)), including an institution of higher edu- agencies. the Commission may require. cation that is a historically Black college or uni- ‘‘(3) Rules and procedures for governing the ‘‘SEC. 299B. AUTHORIZATION OF APPROPRIA- versity (which has the meaning given the term format of ballot manifests, cast vote records, TIONS. ‘‘part B institution’’ in section 322 of such Act and other data involved in the audit. ‘‘There are authorized to be appropriated for (20 U.S.C. 1061)) or other minority-serving insti- ‘‘(4) Methods to ensure that any cast vote grants under this part $20,000,000 for fiscal year tution listed in section 371(a) of such Act (20 records used in the audit are those used by the 2021, to remain available until expended.’’. U.S.C. 1067q(a)); voting system to tally the election results sent to (b) CLERICAL AMENDMENT.—The table of con- ‘‘(2) an organization described in section the chief State election official and made public. tents of such Act, as amended by sections 501(c)(3) of the Internal Revenue Code of 1986 ‘‘(5) Procedures for the random selection of 1622(c) and 3001(b), is further amended by add- and exempt from tax under section 501(a) of ballots to be inspected manually during each ing at the end of the items relating to subtitle D such Code; or audit. of title II the following: ‘‘(3) an organization, association, or a for- ‘‘(6) Rules for the calculations and other ‘‘PART 9—GRANTS FOR CONDUCTING RISK- profit company, including a small business con- methods to be used in the audit and to deter- LIMITING AUDITS OF RESULTS OF ELECTIONS cern (as such term is described in section 3 of mine whether and when the audit of an election ‘‘Sec. 299. Grants for conducting risk-lim- the Small Business Act (15 U.S.C. 632)), includ- is complete. ing a small business concern owned and con- ‘‘(7) Procedures and requirements for testing iting audits of results of elections. ‘‘Sec. 299A. Eligibility of States. trolled by socially and economically disadvan- any software used to conduct risk-limiting au- taged individuals (as such term is defined in sec- dits. ‘‘Sec. 299B. Authorization of appropria- tions. tion 8(d)(3)(C) of the Small Business Act (15 ‘‘(d) DEFINITIONS.—In this part, the following U.S.C. 637(d)(3)(C)).’’. definitions apply: SEC. 3012. GAO ANALYSIS OF EFFECTS OF AUDITS. (b) DEFINITION.—Section 2 of the Homeland ‘‘(1) The term ‘ballot manifest’ means a record (a) ANALYSIS.—Not later than 6 months after Security Act of 2002 (6 U.S.C. 101) is amended— maintained by each election agency that meets the first election for Federal office is held after (1) by redesignating paragraphs (6) through each of the following requirements: grants are first awarded to States for con- (20) as paragraphs (7) through (21), respectively; ‘‘(A) The record is created without reliance on ducting risk-limiting audits under part 9 of sub- and any part of the voting system used to tabulate title D of title II of the Help America Vote Act votes. of 2002 (as added by section 3011) for conducting (2) by inserting after paragraph (5) the fol- ‘‘(B) The record functions as a sampling risk-limiting audits of elections for Federal of- lowing new paragraph: frame for conducting a risk-limiting audit. fice, the Comptroller General of the United ‘‘(6) ELECTION INFRASTRUCTURE.—The term ‘‘(C) The record contains the following infor- States shall conduct an analysis of the extent to ‘election infrastructure’ means storage facilities, mation with respect to the ballots cast and which such audits have improved the adminis- polling places, and centralized vote tabulation counted in the election: tration of such elections and the security of locations used to support the administration of ‘‘(i) The total number of ballots cast and election infrastructure in the States receiving elections for public office, as well as related in- counted by the agency (including undervotes, such grants. formation and communications technology, in- overvotes, and other invalid votes). (b) REPORT.—The Comptroller General of the cluding voter registration databases, voting ma- ‘‘(ii) The total number of ballots cast in each United States shall submit a report on the anal- chines, electronic mail and other communica- election administered by the agency (including ysis conducted under subsection (a) to the ap- tions systems (including electronic mail and undervotes, overvotes, and other invalid votes). propriate congressional committees. other systems of vendors who have entered into ‘‘(iii) A precise description of the manner in PART 3—ELECTION INFRASTRUCTURE contracts with election agencies to support the which the ballots are physically stored, includ- INNOVATION GRANT PROGRAM administration of elections, manage the election ing the total number of physical groups of bal- process, and report and display election results), SEC. 3021. ELECTION INFRASTRUCTURE INNOVA- and other systems used to manage the election lots, the numbering system for each group, a TION GRANT PROGRAM. process and to report and display election re- unique label for each group, and the number of (a) IN GENERAL.—Title III of the Homeland sults on behalf of an election agency.’’. ballots in each such group. Security Act of 2002 (6 U.S.C. 181 et seq.) is (c) CLERICAL AMENDMENT.—The table of con- ‘‘(2) The term ‘incorrect outcome’ means an amended by adding at the end the following tents in section 1(b) of the Homeland Security outcome that differs from the outcome that new section: would be determined by a full tabulation of all Act of 2002 is amended by inserting after the ‘‘SEC. 321. ELECTION INFRASTRUCTURE INNOVA- item relating to section 320 the following new votes validly cast in the election, determining TION GRANT PROGRAM. item: voter intent manually, directly from voter- ‘‘(a) ESTABLISHMENT.—The Secretary, acting verifiable paper records. through the Under Secretary for Science and ‘‘Sec. 321. Election infrastructure innovation ‘‘(3) The term ‘outcome’ means the winner of Technology, in coordination with the Chairman grant program.’’. an election, whether a candidate or a position. of the Election Assistance Commission (estab- Subtitle B—Security Measures ‘‘(4) The term ‘reported outcome’ means the lished pursuant to the Help America Vote Act of outcome of an election which is determined ac- SEC. 3101. ELECTION INFRASTRUCTURE DES- 2002) and in consultation with the Director of IGNATION. cording to the canvass and which will become the National Science Foundation and the Direc- Subparagraph (J) of section 2001(3) of the the official, certified outcome unless it is revised tor of the National Institute of Standards and Homeland Security Act of 2002 (6 U.S.C. 601(3)) by an audit, recount, or other legal process. Technology, shall establish a competitive grant is amended by inserting ‘‘, including election in- ‘‘SEC. 299A. ELIGIBILITY OF STATES. program to award grants to eligible entities, on frastructure’’ before the period at the end. ‘‘A State is eligible to receive a grant under a competitive basis, for purposes of research and this part if the State submits to the Commission, development that are determined to have the po- SEC. 3102. TIMELY THREAT INFORMATION. at such time and in such form as the Commis- tential to significantly improve the security (in- Subsection (d) of section 201 of the Homeland sion may require, an application containing— cluding cybersecurity), quality, reliability, accu- Security Act of 2002 (6 U.S.C. 121) is amended by ‘‘(1) a certification that, not later than 5 years racy, accessibility, and affordability of election adding at the end the following new paragraph: after receiving the grant, the State will conduct infrastructure, and increase voter participation. ‘‘(24) To provide timely threat information re- risk-limiting audits of the results of elections for ‘‘(b) REPORT TO CONGRESS.—Not later than 90 garding election infrastructure to the chief State Federal office held in the State as described in days after the conclusion of each fiscal year for election official of the State with respect to section 299; which grants are awarded under this section, which such information pertains.’’.

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H931 SEC. 3103. SECURITY CLEARANCE ASSISTANCE tion agencies, except that the provision of such to section 219 of the Immigration and Nation- FOR ELECTION OFFICIALS. information and comments by a State or election ality Act (8 U.S.C. 1189)), or a domestic actor In order to promote the timely sharing of in- agency shall be voluntary and at the discretion carrying out a cyber attack, influence oper- formation on threats to election infrastructure, of the State or election agency. ation, disinformation campaign, or other activ- the Secretary may— SEC. 3106. PRE-ELECTION THREAT ASSESSMENTS. ity aimed at undermining the security and in- (1) help expedite a security clearance for the (a) SUBMISSION OF ASSESSMENT BY DNI.—Not tegrity of United States democratic institutions. chief State election official and other appro- later than 180 days before the date of each regu- (2) The extent to which United States demo- priate State personnel involved in the adminis- larly scheduled general election for Federal of- cratic institutions are vulnerable to a cyber at- tration of elections, as designated by the chief fice, the Director of National Intelligence shall tack, influence operation, disinformation cam- State election official; submit an assessment of the full scope of paign, or other activity aimed at undermining (2) sponsor a security clearance for the chief threats, including cybersecurity threats posed the security and integrity of such democratic in- State election official and other appropriate by state actors and terrorist groups, to election stitutions. State personnel involved in the administration infrastructure and recommendations to address (3) Potential consequences, such as an erosion of elections, as designated by the chief State or mitigate such threats, as developed by the of public trust or an undermining of the rule of election official; and Secretary and Chairman, to— law, that could result from a successful cyber (3) facilitate the issuance of a temporary (1) the chief State election official of each attack, influence operation, disinformation cam- clearance to the chief State election official and State; paign, or other activity aimed at undermining other appropriate State personnel involved in (2) the appropriate congressional committees; the security and integrity of United States the administration of elections, as designated by and democratic institutions. the chief State election official, if the Secretary (3) any other relevant congressional commit- (4) Lessons learned from other governments determines classified information to be timely tees. the institutions of which were subject to a cyber and relevant to the election infrastructure of the (b) UPDATES TO INITIAL ASSESSMENTS.—If, at attack, influence operation, disinformation cam- State at issue. any time after submitting an assessment with re- paign, or other activity aimed at undermining SEC. 3104. SECURITY RISK AND VULNERABILITY spect to an election under subsection (a), the Di- the security and integrity of such institutions, ASSESSMENTS. rector of National Intelligence determines that as well as actions that could be taken by the (a) IN GENERAL.—Paragraph (6) of section the assessment should be updated to reflect new United States Government to bolster collabora- 2209(c) of the Homeland Security Act of 2002 (6 information regarding the threats involved, the tion with foreign partners to detect, deter, pre- U.S.C. 659(c)) is amended by inserting ‘‘(includ- Director shall submit a revised assessment under vent, and counter such activities. (5) Potential impacts, such as an erosion of ing by carrying out a security risk and vulner- such subsection. public trust in democratic institutions, as could ability assessment)’’ after ‘‘risk management (c) DEFINITIONS.—In this section: be associated with a successful cyber breach or support’’. (1) The term ‘‘Chairman’’ means the chair of other activity negatively affecting election in- (b) PRIORITIZATION TO ENHANCE ELECTION SE- the Election Assistance Commission. (2) The term ‘‘chief State election official’’ frastructure. CURITY.— means, with respect to a State, the individual (6) Roles and responsibilities of the Secretary, (1) IN GENERAL.—Not later than 90 days after designated by the State under section 10 of the the Chairman, and the heads of other Federal receiving a written request from a chief State National Voter Registration Act of 1993 (52 entities and non-Federal entities, including election official, the Secretary shall, to the ex- U.S.C. 20509) to be responsible for coordination chief State election officials and representatives tent practicable, commence a security risk and of the State’s responsibilities under such Act. of multi-state information sharing and analysis vulnerability assessment (pursuant to para- (3) The term ‘‘election infrastructure’’ means centers. graph (6) of section 2209(c) of the Homeland Se- storage facilities, polling places, and centralized (7) Any findings, conclusions, and rec- curity Act of 2002, as amended by subsection vote tabulation locations used to support the ommendations to strengthen protections for (a)) on election infrastructure in the State at administration of elections for public office, as United States democratic institutions that have issue. well as related information and communications been agreed to by a majority of Commission (2) NOTIFICATION.—If the Secretary, upon re- technology, including voter registration data- members on the National Commission to Protect ceipt of a request described in paragraph (1), de- bases, voting machines, electronic mail and United States Democratic Institutions, author- termines that a security risk and vulnerability other communications systems (including elec- ized pursuant to section 3202. assessment referred to in such paragraph cannot tronic mail and other systems of vendors who (c) IMPLEMENTATION PLAN.—Not later than 90 be commenced within 90 days, the Secretary have entered into contracts with election agen- days after the issuance of the national strategy shall expeditiously notify the chief State elec- cies to support the administration of elections, required under subsection (a), the President, tion official who submitted such request. manage the election process, and report and dis- acting through the Secretary, in coordination SEC. 3105. ANNUAL REPORTS. play election results), and other systems used to with the Chairman, shall issue an implementa- (a) REPORTS ON ASSISTANCE AND ASSESS- manage the election process and to report and tion plan for Federal efforts to implement such MENTS.—Not later than one year after the date display election results on behalf of an election strategy that includes the following: of the enactment of this Act and annually agency. (1) Strategic objectives and corresponding thereafter through 2028, the Secretary shall sub- (4) The term ‘‘Secretary’’ means the Secretary tasks. mit to the appropriate congressional commit- of Homeland Security. (2) Projected timelines and costs for the tasks tees— (5) The term ‘‘State’’ has the meaning given referred to in paragraph (1). (1) efforts to carry out section 3103 during the such term in section 901 of the Help America (3) Metrics to evaluate performance of such prior year, including specific information re- Vote Act of 2002 (52 U.S.C. 21141). tasks. (d) CLASSIFICATION.—The national strategy garding which States were helped, how many (d) EFFECTIVE DATE.—This subtitle shall officials have been helped in each State, how apply with respect to the regularly scheduled required under subsection (a) shall be in unclas- many security clearances have been sponsored general election for Federal office held in No- sified form. (e) CIVIL RIGHTS REVIEW.—Not later than 60 in each State, and how many temporary clear- vember 2022 and each succeeding regularly days after the issuance of the national strategy ances have been issued in each State; and scheduled general election for Federal office. required under subsection (a), and not later (2) efforts to carry out section 3104 during the Subtitle C—Enhancing Protections for United than 60 days after the issuance of the implemen- prior year, including specific information re- States Democratic Institutions tation plan required under subsection (c), the garding which States were helped, the dates on SEC. 3201. NATIONAL STRATEGY TO PROTECT Privacy and Civil Liberties Oversight Board (es- which the Secretary received a request for a se- UNITED STATES DEMOCRATIC INSTI- tablished under section 1061 of the Intelligence curity risk and vulnerability assessment referred TUTIONS. Reform and Terrorism Prevention Act of 2004 (42 to in such section, the dates on which the Sec- (a) IN GENERAL.—Not later than one year U.S.C. 2000ee)) shall submit to Congress a report retary commenced each such request, and the after the date of the enactment of this Act, the on any potential privacy and civil liberties im- dates on which the Secretary transmitted a noti- President, acting through the Secretary, in con- pacts of such strategy and implementation plan, fication in accordance with subsection (b)(2) of sultation with the Chairman, the Secretary of respectively. such section. Defense, the Secretary of State, the Attorney SEC. 3202. NATIONAL COMMISSION TO PROTECT (b) REPORTS ON FOREIGN THREATS.—Not later General, the Secretary of Education, the Direc- UNITED STATES DEMOCRATIC INSTI- than 90 days after the end of each fiscal year tor of National Intelligence, the Chairman of TUTIONS. (beginning with fiscal year 2021), the Secretary the Federal Election Commission, and the heads (a) ESTABLISHMENT.—There is established and the Director of National Intelligence, in co- of any other appropriate Federal agencies, shall within the legislative branch the National Com- ordination with the heads of appropriate offices issue a national strategy to protect against mission to Protect United States Democratic In- of the Federal Government, shall submit to the cyber attacks, influence operations, stitutions (in this section referred to as the appropriate congressional committees a joint re- disinformation campaigns, and other activities ‘‘Commission’’). port on foreign threats, including physical and that could undermine the security and integrity (b) PURPOSE.—The purpose of the Commission cybersecurity threats, to elections in the United of United States democratic institutions. is to counter efforts to undermine democratic in- States. (b) CONSIDERATIONS.—The national strategy stitutions within the United States. (c) INFORMATION FROM STATES.—For purposes required under subsection (a) shall include con- (c) COMPOSITION.— of preparing the reports required under this sec- sideration of the following: (1) MEMBERSHIP.—The Commission shall be tion, the Secretary shall solicit and consider in- (1) The threat of a foreign state actor, foreign composed of 10 members appointed for the life of formation and comments from States and elec- terrorist organization (as designated pursuant the Commission as follows:

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H932 CONGRESSIONAL RECORD — HOUSE March 2, 2021 (A) One member shall be appointed by the Sec- to enable the Commission to discharge its duties under this section of the voting system hard- retary. under this section. ware and software which was certified for use (B) One member shall be appointed by the (g) ASSISTANCE FROM FEDERAL AGENCIES.— in the most recent such election, on the basis of Chairman. (1) GENERAL SERVICES ADMINISTRATION.—The the most recent voting system guidelines appli- (C) Two members shall be appointed by the Administrator of General Services shall provide cable to such hardware or software (including majority leader of the Senate, in consultation to the Commission on a reimbursable basis ad- election cybersecurity guidelines) issued under with the Chairman of the Committee on Home- ministrative support and other services for the this Act. land Security and Governmental Affairs, the performance of the Commission’s functions. ‘‘(B) DECERTIFICATION OF HARDWARE OR SOFT- Chairman of the Committee on the Judiciary, (2) OTHER DEPARTMENTS AND AGENCIES.—In WARE FAILING TO MEET GUIDELINES.—If, on the and the Chairman of the Committee on Rules addition to the assistance provided under para- basis of the testing described in subparagraph and Administration. graph (1), the Department of Homeland Secu- (A), the Commission determines that any voting (D) Two members shall be appointed by the rity, the Election Assistance Commission, and system hardware or software does not meet the minority leader of the Senate, in consultation other appropriate departments and agencies of most recent guidelines applicable to such hard- with the ranking minority member of the Com- the United States shall provide to the Commis- ware or software issued under this Act, the mittee on Homeland Security and Governmental sion such services, funds, facilities, and staff as Commission shall decertify such hardware or Affairs, the ranking minority member of the they may determine advisable and as may be software.’’. Committee on the Judiciary, and the ranking authorized by law. (2) EFFECTIVE DATE.—The amendment made minority member of the Committee on Rules and (h) PUBLIC MEETINGS.—Any public meetings by paragraph (1) shall apply with respect to the Administration. of the Commission shall be conducted in a man- regularly scheduled general election for Federal (E) Two members shall be appointed by the ner consistent with the protection of informa- office held in November 2022 and each suc- Speaker of the House of Representatives, in con- tion provided to or developed for or by the Com- ceeding regularly scheduled general election for sultation with the Chairman of the Committee mission as required by any applicable statute, Federal office. on Homeland Security, the Chairman of the regulation, or Executive order. (b) ISSUANCE OF CYBERSECURITY GUIDELINES Committee on House Administration, and the (i) SECURITY CLEARANCES.— BY TECHNICAL GUIDELINES DEVELOPMENT COM- Chairman of the Committee on the Judiciary. (1) IN GENERAL.—The heads of appropriate de- MITTEE.—Section 221(b) of the Help America (F) Two members shall be appointed by the partments and agencies of the executive branch Vote Act of 2002 (52 U.S.C. 20961(b)) is amended minority leader of the House of Representatives, shall cooperate with the Commission to expedi- by adding at the end the following new para- in consultation with the ranking minority mem- tiously provide Commission members and staff graph: ber of the Committee on Homeland Security, the with appropriate security clearances to the ex- ‘‘(3) ELECTION CYBERSECURITY GUIDELINES.— ranking minority member of the Committee on tent possible under applicable procedures and Not later than 6 months after the date of the en- the Judiciary, and the ranking minority member requirements. actment of this paragraph, the Development of the Committee on House Administration. (2) PREFERENCES.—In appointing staff, ob- Committee shall issue election cybersecurity (2) QUALIFICATIONS.—Individuals shall be se- taining detailees, and entering into contracts for guidelines, including standards and best prac- lected for appointment to the Commission solely the provision of services for the Commission, the tices for procuring, maintaining, testing, oper- on the basis of their professional qualifications, Commission shall give preference to individuals ating, and updating election systems to prevent achievements, public stature, experience, and who have active security clearances. and deter cybersecurity incidents.’’. expertise in relevant fields, including cybersecu- (j) REPORTS.— SEC. 3302. TREATMENT OF ELECTRONIC POLL rity, national security, and the Constitution of (1) INTERIM REPORTS.—At any time prior to BOOKS AS PART OF VOTING SYS- the United States. the submission of the final report under para- TEMS. (3) NO COMPENSATION FOR SERVICE.—Members graph (2), the Commission may submit interim (a) INCLUSION IN DEFINITION OF VOTING SYS- may not receive compensation for service on the reports to the President and Congress con- TEM.—Section 301(b) of the Help America Vote Commission, but shall receive travel expenses, taining such findings, conclusions, and rec- Act of 2002 (52 U.S.C. 21081(b)) is amended— including per diem in lieu of subsistence, in ac- ommendations to strengthen protections for (1) in the matter preceding paragraph (1), by cordance with chapter 57 of title 5, United democratic institutions in the United States as striking ‘‘this section’’ and inserting ‘‘this Act’’; States Code. have been agreed to by a majority of the mem- (2) by striking ‘‘and’’ at the end of paragraph (4) DEADLINE FOR APPOINTMENT.—All members bers of the Commission. (1); of the Commission shall be appointed not later (2) FINAL REPORT.—Not later than 18 months (3) by redesignating paragraph (2) as para- than 60 days after the date of the enactment of after the date of the first meeting of the Commis- graph (3); and this Act. sion, the Commission shall submit to the Presi- (4) by inserting after paragraph (1) the fol- (5) VACANCIES.—A vacancy on the Commission dent and Congress a final report containing lowing new paragraph: shall not affect its powers and shall be filled in such findings, conclusions, and recommenda- ‘‘(2) any electronic poll book used with respect the manner in which the original appointment tions to strengthen protections for democratic to the election; and’’. was made. The appointment of the replacement institutions in the United States as have been (b) DEFINITION.—Section 301 of such Act (52 member shall be made not later than 60 days agreed to by a majority of the members of the U.S.C. 21081) is amended— after the date on which the vacancy occurs. Commission. (1) by redesignating subsections (d) and (d) as (d) CHAIR AND VICE CHAIR.—The Commission (k) TERMINATION.— subsections (d) and (e); and shall elect a Chair and Vice Chair from among (1) IN GENERAL.—The Commission shall termi- (2) by inserting after subsection (b) the fol- its members. nate upon the expiration of the 60-day period lowing new subsection: (e) QUORUM AND MEETINGS.— which begins on the date on which the Commis- ‘‘(c) ELECTRONIC POLL BOOK DEFINED.—In (1) QUORUM.—The Commission shall meet and sion submits the final report required under sub- this Act, the term ‘electronic poll book’ means begin the operations of the Commission not later section (j)(2). the total combination of mechanical, than 30 days after the date on which all mem- (2) ADMINISTRATIVE ACTIVITIES PRIOR TO TER- electromechanical, or electronic equipment (in- bers have been appointed or, if such meeting MINATION.—During the 60-day period referred to cluding the software, firmware, and documenta- cannot be mutually agreed upon, on a date des- in paragraph (1), the Commission may carry out tion required to program, control, and support ignated by the Speaker of the House of Rep- such administrative activities as may be re- the equipment) that is used— resentatives and the President pro Tempore of quired to conclude its work, including providing ‘‘(1) to retain the list of registered voters at a the Senate. Each subsequent meeting shall occur testimony to committees of Congress concerning polling location, or vote center, or other location upon the call of the Chair or a majority of its the final report and disseminating the final re- at which voters cast votes in an election for members. A majority of the members of the Com- port. Federal office; and mission shall constitute a quorum, but a lesser Subtitle D—Promoting Cybersecurity Through ‘‘(2) to identify registered voters who are eligi- number may hold meetings. Improvements in Election Administration ble to vote in an election.’’. (2) AUTHORITY OF INDIVIDUALS TO ACT FOR (c) EFFECTIVE DATE.—Section 301(e) of such SEC. 3301. TESTING OF EXISTING VOTING SYS- COMMISSION.—Any member of the Commission Act (52 U.S.C. 21081(e)), as redesignated by sub- TEMS TO ENSURE COMPLIANCE section (b), is amended by striking the period at may, if authorized by the Commission, take any WITH ELECTION CYBERSECURITY action that the Commission is authorized to take GUIDELINES AND OTHER GUIDE- the end and inserting the following: ‘‘, or, with under this section. LINES. respect to any requirements relating to elec- (f) POWERS.— (a) REQUIRING TESTING OF EXISTING VOTING tronic poll books, on and after January 1, (1) HEARINGS AND EVIDENCE.—The Commission SYSTEMS.— 2022.’’. (or, on the authority of the Commission, any (1) IN GENERAL.—Section 231(a) of the Help SEC. 3303. PRE-ELECTION REPORTS ON VOTING subcommittee or member thereof) may, for the America Vote Act of 2002 (52 U.S.C. 20971(a)) is SYSTEM USAGE. purpose of carrying out this section, hold hear- amended by adding at the end the following (a) REQUIRING STATES TO SUBMIT REPORTS.— ings and sit and act at such times and places, new paragraph: Title III of the Help America Vote Act of 2002 (52 take such testimony, receive such evidence, and ‘‘(3) TESTING TO ENSURE COMPLIANCE WITH U.S.C. 21081 et seq.) is amended by inserting administer such oaths as the Commission con- GUIDELINES.— after section 301 the following new section: siders advisable to carry out its duties. ‘‘(A) TESTING.—Not later than 9 months before ‘‘SEC. 301A. PRE-ELECTION REPORTS ON VOTING (2) CONTRACTING.—The Commission may, to the date of each regularly scheduled general SYSTEM USAGE. such extent and in such amounts as are pro- election for Federal office, the Commission shall ‘‘(a) REQUIRING STATES TO SUBMIT RE- vided in appropriation Acts, enter into contracts provide for the testing by accredited laboratories PORTS.—Not later than 120 days before the date

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of each regularly scheduled general election for that have implemented programs to provide com- ‘‘(1) IN GENERAL.—The Committee shall, with Federal office, the chief State election official of pensation for reports of previously undisclosed respect to an application for a grant received by a State shall submit a report to the Commission vulnerabilities in information systems, regarding the Commission— containing a detailed voting system usage plan lessons that may be applied from such programs; ‘‘(A) review such application; and for each jurisdiction in the State which will ad- (6) develop an expeditious process by which ‘‘(B) recommend to the Commission whether to minister the election, including a detailed plan an individual, organization, or company can award the grant to the applicant. for the usage of electronic poll books and other register with the Department, submit to a back- ‘‘(2) CONSIDERATIONS.—In reviewing an appli- equipment and components of such system. ground check as determined by the Department, cation pursuant to paragraph (1)(A), the Com- ‘‘(b) EFFECTIVE DATE.—Subsection (a) shall and receive a determination regarding eligibility mittee shall consider— apply with respect to the regularly scheduled for participation in the Program; and ‘‘(A) the record of the applicant with respect general election for Federal office held in No- (7) engage qualified interested persons, in- to— cluding representatives of private entities, about vember 2022 and each succeeding regularly ‘‘(i) compliance of the applicant with the re- the structure of the Program and, to the extent scheduled general election for Federal office.’’. quirements under subtitle A of title III; and (b) CLERICAL AMENDMENT.—The table of con- practicable, establish a recurring competition for ‘‘(ii) adoption of voluntary guidelines issued tents of such Act is amended by inserting after independent technical experts to assess election by the Commission under subtitle B of title III; the item relating to section 301 the following systems for the purpose of identifying and re- and new item: porting election cybersecurity vulnerabilities. ‘‘(B) the goals and requirements of election se- ‘‘Sec. 301A. Pre-election reports on voting sys- (d) USE OF SERVICE PROVIDERS.—The Sec- retary may award competitive contracts as nec- curity as described in title III of the For the tem usage.’’. People Act. SEC. 3304. STREAMLINING COLLECTION OF ELEC- essary to manage the Program. ‘‘(c) MEMBERSHIP.—The Committee shall be TION INFORMATION. (e) DEFINITIONS.—In this section: composed of 15 individuals appointed by the Ex- Section 202 of the Help America Vote Act of (1) The term ‘‘Department’’ means the Depart- ecutive Director of the Commission with experi- 2002 (52 U.S.C. 20922) is amended— ment of Homeland Security. ence and expertise in election security. (1) by striking ‘‘The Commission’’ and insert- (2) The terms ‘‘election’’ and ‘‘Federal office’’ ‘‘(d) NO COMPENSATION FOR SERVICE.—Mem- ing ‘‘(a) IN GENERAL.—The Commission’’; and have the meanings given such terms in section (2) by adding at the end the following new 301 of the Federal Election Campaign Act of bers of the Committee shall not receive any com- subsection: 1971 (52 U.S.C. 30101). pensation for their service, but shall be paid ‘‘(b) WAIVER OF CERTAIN REQUIREMENTS.— (3) The term ‘‘election cybersecurity vulner- travel expenses, including per diem in lieu of Subchapter I of chapter 35 of title 44, United ability’’ means any security vulnerability that subsistence, at rates authorized for employees of States Code, shall not apply to the collection of affects an election system. agencies under subchapter I of chapter 57 of information for purposes of maintaining the (4) The term ‘‘election infrastructure’’ has the title 5, United States Code, while away from clearinghouse described in paragraph (1) of sub- meaning given such term in paragraph (6) of their homes or regular places of business in the section (a).’’. section 2 of the Homeland Security Act of 2002 performance of services for the Committee.’’. (6 U.S.C. 101), as added by section 3021 of this (b) EFFECTIVE DATE.—The amendments made Subtitle E—Preventing Election Hacking title. by this section shall take effect 1 year after the SEC. 3401. SHORT TITLE. (5) The term ‘‘election service provider’’ means date of enactment of this Act. This subtitle may be cited as the ‘‘Prevent any person providing, supporting, or maintain- Subtitle G—Miscellaneous Provisions Election Hacking Act of 2021’’. ing an election system on behalf of a State or SEC. 3402. ELECTION SECURITY BUG BOUNTY local election official, such as a contractor or SEC. 3601. DEFINITIONS. PROGRAM. vendor. Except as provided in section 3402, in this (a) ESTABLISHMENT.—Not later than one year (6) The term ‘‘election system’’ means any in- title, the following definitions apply: after the date of the enactment of this Act, the formation system which is part of an election in- (1) The term ‘‘Chairman’’ means the chair of Secretary shall establish a program to be known frastructure. the Election Assistance Commission. as the ‘‘Election Security Bug Bounty Program’’ (7) The term ‘‘information system’’ has the (2) The term ‘‘appropriate congressional com- (in this subtitle referred to as the ‘‘Program’’) to meaning given such term in section 3502 of title mittees’’ means the Committees on Homeland Se- improve the cybersecurity of the systems used to 44, United States Code. curity and House Administration of the House administer elections for Federal office by facili- (8) The term ‘‘Secretary’’ means the Secretary of Representatives and the Committees on Home- tating and encouraging assessments by inde- of Homeland Security, or, upon designation by land Security and Governmental Affairs and pendent technical experts, in cooperation with the Secretary of Homeland Security, the Deputy Rules and Administration of the Senate. State and local election officials and election Secretary of Homeland Security, the Director of (3) The term ‘‘chief State election official’’ service providers, to identify and report election Cybersecurity and Infrastructure Security of the means, with respect to a State, the individual cybersecurity vulnerabilities. Cybersecurity and Infrastructure Security Agen- designated by the State under section 10 of the (b) VOLUNTARY PARTICIPATION BY ELECTION cy of the Department of Homeland Security, or National Voter Registration Act of 1993 (52 OFFICIALS AND ELECTION SERVICE PROVIDERS.— a Senate-confirmed official who reports to the U.S.C. 20509) to be responsible for coordination (1) NO REQUIREMENT TO PARTICIPATE IN PRO- Director. of the State’s responsibilities under such Act. GRAM.—Participation in the Program shall be (9) The term ‘‘security vulnerability’’ has the (4) The term ‘‘Commission’’ means the Elec- entirely voluntary for State and local election meaning given such term in section 102 of the tion Assistance Commission. officials and election service providers. Cybersecurity Information Sharing Act of 2015 (5) The term ‘‘democratic institutions’’ means (2) ENCOURAGING PARTICIPATION AND INPUT (6 U.S.C. 1501). the diverse range of institutions that are essen- FROM ELECTION OFFICIALS.—In developing the (10) The term ‘‘State’’ means each of the sev- tial to ensuring an independent judiciary, free Program, the Secretary shall solicit input from, eral States, the District of Columbia, the Com- and fair elections, and rule of law. and encourage participation by, State and local monwealth of Puerto Rico, Guam, American election officials. Samoa, the Commonwealth of Northern Mar- (6) The term ‘‘election agency’’ means any component of a State, or any component of a (c) ACTIVITIES FUNDED.—In establishing and iana Islands, and the United States Virgin Is- carrying out the Program, the Secretary shall— lands. unit of local government in a State, which is re- (1) establish a process for State and local elec- (11) The term ‘‘voting system’’ has the mean- sponsible for the administration of elections for tion officials and election service providers to ing given such term in section 301(b) of the Help Federal office in the State. voluntarily participate in the Program; America Vote Act of 2002 (52 U.S.C. 21081(b)). (7) The term ‘‘election infrastructure’’ means (2) designate appropriate information systems storage facilities, polling places, and centralized Subtitle F—Election Security Grants Advisory vote tabulation locations used to support the to be included in the Program; Committee (3) provide compensation to eligible individ- administration of elections for public office, as uals, organizations, and companies for reports SEC. 3501. ESTABLISHMENT OF ADVISORY COM- well as related information and communications MITTEE. of previously unidentified security technology, including voter registration data- (a) IN GENERAL.—Subtitle A of title II of the vulnerabilities within the information systems bases, voting machines, electronic mail and Help America Vote Act of 2002 (52 U.S.C. 20921 designated under paragraph (2) and establish other communications systems (including elec- et seq.) is amended by adding at the end the fol- criteria for individuals, organizations, and com- tronic mail and other systems of vendors who lowing: panies to be considered eligible for such com- have entered into contracts with election agen- pensation in compliance with Federal laws; ‘‘PART 4—ELECTION SECURITY GRANTS cies to support the administration of elections, (4) consult with the Attorney General on how ADVISORY COMMITTEE manage the election process, and report and dis- to ensure that approved individuals, organiza- ‘‘SEC. 225. ELECTION SECURITY GRANTS ADVI- play election results), and other systems used to tions, and companies that comply with the re- SORY COMMITTEE. manage the election process and to report and quirements of the Program are protected from ‘‘(a) ESTABLISHMENT.—There is hereby estab- display election results on behalf of an election prosecution under section 1030 of title 18, United lished an advisory committee (hereinafter in this agency. States Code, and similar provisions of law, and part referred to as the ‘Committee’) to assist the (8) The term ‘‘Secretary’’ means the Secretary from liability under civil actions for specific ac- Commission with respect to the award of grants of Homeland Security. tivities authorized under the Program; to States under this Act for the purpose of elec- (9) The term ‘‘State’’ has the meaning given (5) consult with the Secretary of Defense and tion security. such term in section 901 of the Help America the heads of other departments and agencies ‘‘(b) DUTIES.— Vote Act of 2002 (52 U.S.C. 21141).

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SEC. 3602. INITIAL REPORT ON ADEQUACY OF RE- PART 2—REPORTING OF CAMPAIGN-RELATED Subtitle F—Secret Money Transparency SOURCES AVAILABLE FOR IMPLE- DISBURSEMENTS Sec. 4501. Repeal of restriction of use of funds MENTATION. Sec. 4111. Reporting of campaign-related dis- by Internal Revenue Service to Not later than 120 days after enactment of bursements. bring transparency to political ac- this Act, the Chairman and the Secretary shall Sec. 4112. Application of foreign money ban to tivity of certain nonprofit organi- submit a report to the appropriate committees of disbursements for campaign-re- zations. Congress, including the Committees on Home- lated disbursements consisting of Sec. 4502. Repeal of regulations. land Security and House Administration of the covered transfers. Subtitle G—Shareholder Right-to-Know House of Representatives and the Committee on Sec. 4113. Effective date. Homeland Security and Governmental Affairs of Sec. 4601. Repeal of restriction on use of funds the Senate, analyzing the adequacy of the fund- PART 3—OTHER ADMINISTRATIVE REFORMS by Securities and Exchange Com- ing, resources, and personnel available to carry Sec. 4121. Petition for certiorari. mission to ensure shareholders of out this title and the amendments made by this Sec. 4122. Judicial review of actions related to corporations have knowledge of title. campaign finance laws. corporation political activity. Sec. 4602. Assessment of shareholder pref- Subtitle H—Use of Voting Machines Subtitle C—Strengthening Oversight of Online erences for disbursements for po- Manufactured in the United States Political Advertising litical purposes. SEC. 3701. USE OF VOTING MACHINES MANUFAC- Sec. 4201. Short title. Sec. 4603. Governance and operations of cor- TURED IN THE UNITED STATES. Sec. 4202. Purpose. porate PACs. (a) REQUIREMENT.—Section 301(a) of the Help Sec. 4203. Findings. Subtitle H—Disclosure of Political Spending by America Vote Act of 2002 (52 U.S.C. 21081(a)), as Sec. 4204. Sense of Congress. Government Contractors amended by section 1504, section 1505, and sec- Sec. 4205. Expansion of definition of public Sec. 4701. Repeal of restriction on use of funds tion 1507, is further amended by adding at the communication. to require disclosure of political end the following new paragraph: Sec. 4206. Expansion of definition of election- spending by government contrac- ‘‘(10) VOTING MACHINE REQUIREMENTS.—By eering communication. tors. not later than the date of the regularly sched- Sec. 4207. Application of disclaimer statements Subtitle I—Limitation and Disclosure Require- uled general election for Federal office occur- to online communications. ments for Presidential Inaugural Committees ring in November 2024, each State shall seek to Sec. 4208. Political record requirements for on- ensure that any voting machine used in such line platforms. Sec. 4801. Short title. election and in any subsequent election for Fed- Sec. 4209. Preventing contributions, expendi- Sec. 4802. Limitations and disclosure of certain eral office is manufactured in the United tures, independent expenditures, donations to, and disbursements States.’’. and disbursements for election- by, Inaugural Committees. (b) CONFORMING AMENDMENT RELATING TO eering communications by foreign Subtitle J—Miscellaneous Provisions EFFECTIVE DATE.—Section 301(d)(1) of such Act nationals in the form of online Sec. 4901. Effective dates of provisions. (52 U.S.C. 21081(d)(1)), as amended by section advertising. Sec. 4902. Severability. 1508, is amended by striking ‘‘paragraph (2)’’ Sec. 4210. Independent study on media literacy Subtitle A—Establishing Duty To Report and inserting ‘‘subsection (a)(10) and paragraph and online political content con- Foreign Election Interference (2)’’. sumption. SEC. 4001. FINDINGS RELATING TO ILLICIT Subtitle I—Severability Sec. 4211. Requiring online platforms to display MONEY UNDERMINING OUR DEMOC- notices identifying sponsors of po- RACY. SEC. 3801. SEVERABILITY. litical advertisements and to en- Congress finds the following: If any provision of this title or amendment sure notices continue to be present (1) Criminals, terrorists, and corrupt govern- made by this title, or the application of a provi- when advertisements are shared. ment officials frequently abuse anonymously sion or amendment to any person or cir- held Limited Liability Companies (LLCs), also cumstance, is held to be unconstitutional, the Subtitle D—Stand By Every Ad known as ‘‘shell companies,’’ to hide, move, and remainder of this title and amendments made by Sec. 4301. Short title. launder the dirty money derived from illicit ac- this title, and the application of the provisions Sec. 4302. Stand by every ad. tivities such as trafficking, bribery, exploitation, and amendment to any person or circumstance, Sec. 4303. Disclaimer requirements for commu- and embezzlement. Ownership and control of shall not be affected by the holding. nications made through the finances that run through shell companies prerecorded telephone calls. DIVISION B—CAMPAIGN FINANCE are obscured to regulators and law enforcement Sec. 4304. No expansion of persons subject to because little information is required and col- TITLE IV—CAMPAIGN FINANCE disclaimer requirements on inter- lected when establishing these entities. TRANSPARENCY net communications. (2) The public release of the ‘‘Panama Pa- Subtitle A—Establishing Duty To Report Sec. 4305. Effective date. Foreign Election Interference pers’’ in 2016 and the ‘‘Paradise Papers’’ in 2017 Subtitle E—Deterring Foreign Interference in revealed that these shell companies often pur- Sec. 4001. Findings relating to illicit money un- Elections chase and sell United States real estate. United dermining our democracy. PART 1—DETERRENCE UNDER FEDERAL States anti-money laundering laws do not apply Sec. 4002. Federal campaign reporting of for- ELECTION CAMPAIGN ACT OF 1971 to cash transactions involving real estate effec- eign contacts. Sec. 4401. Restrictions on exchange of campaign tively concealing the beneficiaries and trans- Sec. 4003. Federal campaign foreign contact re- actions from regulators and law enforcement. porting compliance system. information between candidates and foreign powers. (3) Since the Supreme Court’s decisions in Sec. 4004. Criminal penalties. Citizens United v. Federal Election Commission, Sec. 4005. Report to congressional intelligence Sec. 4402. Clarification of standard for deter- mining existence of coordination 558 U.S. 310 (2010), millions of dollars have committees. flowed into super PACs through LLCs whose Sec. 4006. Rule of construction. between campaigns and outside interests. funders are anonymous or intentionally ob- Subtitle B—DISCLOSE Act Sec. 4403. Prohibition on provision of substan- scured. Criminal investigations have uncovered Sec. 4100. Short title. tial assistance relating to con- LLCs that were used to hide illegal campaign contributions from foreign criminal fugitives, to PART 1—CLOSING LOOPHOLES ALLOWING tribution or donation by foreign advance international influence-buying SPENDING BY FOREIGN NATIONALS IN ELECTIONS nationals. schemes, and to conceal contributions from do- Sec. 4101. Clarification of prohibition on par- Sec. 4404. Clarification of application of foreign money ban. nors who were already under investigation for ticipation by foreign nationals in bribery and racketeering. Voters have no way to election-related activities. PART 2—NOTIFYING STATES OF DISINFORMATION know the true sources of the money being routed Sec. 4102. Clarification of application of foreign CAMPAIGNS BY FOREIGN NATIONALS through these LLCs to influence elections, in- money ban to certain disburse- Sec. 4411. Notifying States of disinformation cluding whether any of the funds come from for- ments and activities. campaigns by foreign nationals. eign or other illicit sources. Sec. 4103. Audit and report on illicit foreign PART 3—PROHIBITING USE OF DEEPFAKES IN (4) Congress should curb the use of anony- money in Federal elections. ELECTION CAMPAIGNS mous shell companies for illicit purposes by re- Sec. 4104. Prohibition on contributions and do- Sec. 4421. Prohibition on distribution of materi- quiring United States companies to disclose their nations by foreign nationals in ally deceptive audio or visual beneficial owners, strengthening anti-money connections with ballot initiatives media prior to election. laundering and counter-terrorism finance laws. and referenda. (5) Congress should examine the money laun- Sec. 4105. Disbursements and activities subject PART 4—ASSESSMENT OF EXEMPTION OF REG- dering and terrorist financing risks in the real to foreign money ban. ISTRATION REQUIREMENTS UNDER FARA FOR estate market, including the role of anonymous Sec. 4106. Prohibiting establishment of corpora- REGISTERED LOBBYISTS parties, and review legislation to address any tion to conceal election contribu- Sec. 4431. Assessment of exemption of registra- vulnerabilities identified in this sector. tions and donations by foreign tion requirements under FARA for (6) Congress should examine the methods by nationals. registered lobbyists. which corruption flourishes and the means to

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detect and deter the financial misconduct that ‘‘(iii) EXCEPTIONS NOT APPLICABLE IF CON- ‘‘(1) REPORTING.—Each political committee fuels this driver of global instability. Congress TACTS OR COMMUNICATIONS INVOLVE PROHIBITED shall establish a policy that requires all offi- should monitor government efforts to enforce DISBURSEMENTS.—A contact or communication cials, employees, and agents of such committee United States anti-corruption laws and regula- by an elected official or an employee of an elect- (and, in the case of an authorized committee, tions. ed official shall not be considered to be made the candidate and each immediate family mem- SEC. 4002. FEDERAL CAMPAIGN REPORTING OF solely in an official capacity for purposes of ber of the candidate) to notify the treasurer or FOREIGN CONTACTS. clause (i), and a contact or communication shall other appropriate designated official of the com- (a) INITIAL NOTICE.— not be considered to be made for purposes of en- mittee of any reportable foreign contact (as de- (1) IN GENERAL.—Section 304 of the Federal abling the observation of elections for purposes fined in section 304(j)) not later than 3 days Election Campaign Act of 1971 (52 U.S.C. 30104) of clause (ii), if the contact or communication after such contact was made. is amended by adding at the end the following involves a contribution, donation, expenditure, ‘‘(2) RETENTION AND PRESERVATION OF new subsection: disbursement, or solicitation described in section RECORDS.—Each political committee shall estab- ‘‘(j) DISCLOSURE OF REPORTABLE FOREIGN 319. lish a policy that provides for the retention and CONTACTS.— ‘‘(C) COVERED FOREIGN NATIONAL DEFINED.— preservation of records and information related ‘‘(1) COMMITTEE OBLIGATION TO NOTIFY.—Not ‘‘(i) IN GENERAL.—In this paragraph, the term to reportable foreign contacts (as so defined) for later than 1 week after a reportable foreign con- ‘covered foreign national’ means— a period of not less than 3 years. tact, each political committee shall notify the ‘‘(I) a foreign principal (as defined in section ‘‘(3) CERTIFICATION.— Federal Bureau of Investigation and the Com- 1(b) of the Foreign Agents Registration Act of ‘‘(A) IN GENERAL.—Upon filing its statement mission of the reportable foreign contact and 1938 (22 U.S.C. 611(b))) that is a government of of organization under section 303(a), and with provide a summary of the circumstances with re- a foreign country or a foreign political party; each report filed under section 304(a), the treas- spect to such reportable foreign contact. The ‘‘(II) any person who acts as an agent, rep- urer of each political committee (other than an Federal Bureau of Investigation, not later than resentative, employee, or servant, or any person authorized committee) shall certify that— 1 week after receiving a notification from a po- who acts in any other capacity at the order, re- ‘‘(i) the committee has in place policies that litical committee under this paragraph, shall quest, or under the direction or control, of a for- meet the requirements of paragraphs (1) and (2); submit to the political committee, the Permanent eign principal described in subclause (I) or of a ‘‘(ii) the committee has designated an official Select Committee on Intelligence of the House of person any of whose activities are directly or in- to monitor compliance with such policies; and Representatives, and the Select Committee on directly supervised, directed, controlled, fi- ‘‘(iii) not later than 1 week after the begin- Intelligence of the Senate written or electronic nanced, or subsidized in whole or in major part ning of any formal or informal affiliation with confirmation of receipt of the notification. by a foreign principal described in subclause (I); the committee, all officials, employees, and ‘‘(2) INDIVIDUAL OBLIGATION TO NOTIFY.—Not or agents of such committee will— later than 3 days after a reportable foreign con- ‘‘(III) any person included in the list of spe- ‘‘(I) receive notice of such policies; tact— cially designated nationals and blocked persons ‘‘(II) be informed of the prohibitions under ‘‘(A) each candidate and each immediate fam- maintained by the Office of Foreign Assets Con- section 319; and ily member of a candidate shall notify the treas- trol of the Department of the Treasury pursuant ‘‘(III) sign a certification affirming their un- urer or other designated official of the principal to authorities relating to the imposition of sanc- derstanding of such policies and prohibitions. campaign committee of such candidate of the re- tions relating to the conduct of a foreign prin- ‘‘(B) AUTHORIZED COMMITTEES.—With respect portable foreign contact and provide a summary cipal described in subclause (I). to an authorized committee, the candidate shall of the circumstances with respect to such report- ‘‘(ii) CLARIFICATION REGARDING APPLICATION make the certification required under subpara- able foreign contact; and TO CITIZENS OF THE UNITED STATES.—In the case graph (A).’’. ‘‘(B) each official, employee, or agent of a po- of a citizen of the United States, subclause (II) (b) EFFECTIVE DATE.— litical committee shall notify the treasurer or of clause (i) applies only to the extent that the (1) IN GENERAL.—The amendment made by other designated official of the committee of the person involved acts within the scope of that subsection (a) shall apply with respect to polit- reportable foreign contact and provide a sum- person’s status as the agent of a foreign prin- ical committees which file a statement of organi- mary of the circumstances with respect to such cipal described in subclause (I) of clause (i). zation under section 303(a) of the Federal Elec- reportable foreign contact. ‘‘(4) IMMEDIATE FAMILY MEMBER.—In this ‘‘(3) REPORTABLE FOREIGN CONTACT.—In this tion Campaign Act of 1971 (52 U.S.C. 30103(a)) subsection, the term ‘immediate family member’ subsection: on or after the date of the enactment of this Act. means, with respect to a candidate, a parent, ‘‘(A) IN GENERAL.—The term ‘reportable for- (2) TRANSITION RULE FOR EXISTING COMMIT- eign contact’ means any direct or indirect con- parent-in-law, spouse, adult child, or sibling.’’. TEES.—Not later than 30 days after the date of tact or communication that— (2) EFFECTIVE DATE.—The amendment made the enactment of this Act, each political com- ‘‘(i) is between— by paragraph (1) shall apply with respect to re- mittee under the Federal Election Campaign Act ‘‘(I) a candidate, an immediate family member portable foreign contacts which occur on or of 1971 shall file a certification with the Federal of the candidate, a political committee, or any after the date of the enactment of this Act. Election Commission that the committee is in official, employee, or agent of such committee; (b) INFORMATION INCLUDED ON REPORT.— compliance with the requirements of section and (1) IN GENERAL.—Section 304(b) of such Act (52 302(j) of such Act (as added by subsection (a)). U.S.C. 30104(b)) is amended— ‘‘(II) an individual that the person described SEC. 4004. CRIMINAL PENALTIES. (A) by striking ‘‘and’’ at the end of paragraph in subclause (I) knows, has reason to know, or Section 309(d)(1) of the Federal Election Cam- (7); reasonably believes is a covered foreign na- paign Act of 1971 (52 U.S.C. 30109(d)(1)) is tional; and (B) by striking the period at the end of para- graph (8) and inserting ‘‘; and’’; and amended by adding at the end the following ‘‘(ii) the person described in clause (i)(I) new subparagraphs: knows, has reason to know, or reasonably be- (C) by adding at the end the following new paragraph: ‘‘(E) Any person who knowingly and willfully lieves involves— commits a violation of subsection (j) or (b)(9) of ‘‘(I) an offer or other proposal for a contribu- ‘‘(9) for any reportable foreign contact (as de- section 304 or section 302(j) shall be fined not tion, donation, expenditure, disbursement, or so- fined in subsection (j)(3))— more than $500,000, imprisoned not more than 5 licitation described in section 319; or ‘‘(A) the date, time, and location of the con- ‘‘(II) coordination or collaboration with, an tact; years, or both. offer or provision of information or services to or ‘‘(B) the date and time of when a designated ‘‘(F) Any person who knowingly and willfully from, or persistent and repeated contact with, a official of the committee was notified of the con- conceals or destroys any materials relating to a covered foreign national in connection with an tact; reportable foreign contact (as defined in section election. ‘‘(C) the identity of individuals involved; and 304(j)) shall be fined not more than $1,000,000, ‘‘(B) EXCEPTIONS.— ‘‘(D) a description of the contact, including imprisoned not more than 5 years, or both.’’. ‘‘(i) CONTACTS IN OFFICIAL CAPACITY AS ELECT- the nature of any contribution, donation, ex- SEC. 4005. REPORT TO CONGRESSIONAL INTEL- ED OFFICIAL.—The term ‘reportable foreign con- penditure, disbursement, or solicitation involved LIGENCE COMMITTEES. tact’ shall not include any contact or commu- and the nature of any activity described in sub- (a) IN GENERAL.—Not later than 1 year after nication with a covered foreign national by an section (j)(3)(A)(ii)(II) involved.’’. the date of enactment of this Act, and annually elected official or an employee of an elected offi- (2) EFFECTIVE DATE.—The amendment made thereafter, the Director of the Federal Bureau of cial solely in an official capacity as such an of- by paragraph (1) shall apply with respect to re- Investigation shall submit to the congressional ficial or employee. ports filed on or after the expiration of the 60- intelligence committees a report relating to noti- ‘‘(ii) CONTACTS FOR PURPOSES OF ENABLING day period which begins on the date of the en- fications received by the Federal Bureau of In- OBSERVATION OF ELECTIONS BY INTERNATIONAL actment of this Act. vestigation under section 304(j)(1) of the Federal OBSERVERS.—The term ‘reportable foreign con- SEC. 4003. FEDERAL CAMPAIGN FOREIGN CON- Election Campaign Act of 1971 (as added by sec- tact’ shall not include any contact or commu- TACT REPORTING COMPLIANCE SYS- tion 4002(a) of this Act). nication with a covered foreign national by any TEM. (b) ELEMENTS.—Each report under subsection person which is made for purposes of enabling (a) IN GENERAL.—Section 302 of the Federal (a) shall include, at a minimum, the following the observation of elections in the United States Election Campaign Act of 1971 (52 U.S.C. 30102) with respect to notifications described in sub- by a foreign national or the observation of elec- is amended by adding at the end the following section (a): tions outside of the United States by a can- new subsection: (1) The number of such notifications received didate, political committee, or any official, em- ‘‘(j) REPORTABLE FOREIGN CONTACTS COMPLI- from political committees during the year cov- ployee, or agent of such committee. ANCE POLICY.— ered by the report.

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H936 CONGRESSIONAL RECORD — HOUSE March 2, 2021 (2) A description of protocols and procedures rectly or indirectly participate in the decision cused on depressing turnout among rural com- developed by the Federal Bureau of Investiga- making process relating to such activity in vio- munities and the success or failure of these ef- tion relating to receipt and maintenance of lation of subsection (a)(3), unless the chief exec- forts, together with recommendations to address records relating to such notifications. utive officer has previously filed such a certifi- these efforts in future elections; (3) With respect to such notifications received cation during that calendar year.’’. ‘‘(3) an analysis of the extent to which illicit during the year covered by the report, a descrip- (c) EFFECTIVE DATE.—The amendments made foreign money was used to carry out tion of any subsequent actions taken by the Di- by this section shall take effect upon the expira- disinformation and propaganda campaigns fo- rector resulting from the receipt of such notifi- tion of the 180-day period which begins on the cused on depressing turnout among African- cations. date of the enactment of this Act, and shall take American and other minority communities and (c) CONGRESSIONAL INTELLIGENCE COMMITTEES effect without regard to whether or not the Fed- the success or failure of these efforts, together DEFINED.—In this section, the term ‘‘congres- eral Election Commission has promulgated regu- with recommendations to address these efforts in sional intelligence committees’’ has the meaning lations to carry out such amendments. future elections; given that term in section 3 of the National Se- SEC. 4102. CLARIFICATION OF APPLICATION OF ‘‘(4) an analysis of the extent to which illicit curity Act of 1947 (50 U.S.C. 3003). FOREIGN MONEY BAN TO CERTAIN foreign money was used to carry out SEC. 4006. RULE OF CONSTRUCTION. DISBURSEMENTS AND ACTIVITIES. disinformation and propaganda campaigns fo- Nothing in this subtitle or the amendments (a) APPLICATION TO DISBURSEMENTS TO SUPER cused on influencing military and veteran com- made by this subtitle shall be construed— PACS AND OTHER PERSONS.—Section munities and the success or failure of these ef- (1) to impede legitimate journalistic activities; 319(a)(1)(A) of the Federal Election Campaign forts, together with recommendations to address or Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is amended these efforts in future elections; and ‘‘(5) recommendations to address the presence (2) to impose any additional limitation on the by striking the semicolon and inserting the fol- of illicit foreign money in elections, as appro- right to express political views or to participate lowing: ‘‘, including any disbursement to a po- priate. in public discourse of any individual who— litical committee which accepts donations or ‘‘(c) DEFINITIONS.—As used in this section: (A) resides in the United States; contributions that do not comply with any of ‘‘(1) The term ‘Federal election cycle’ means (B) is not a citizen of the United States or a the limitations, prohibitions, and reporting re- the period which begins on the day after the national of the United States, as defined in sec- quirements of this Act (or any disbursement to date of a regularly scheduled general election tion 101(a)(22) of the Immigration and Nation- or on behalf of any account of a political com- for Federal office and which ends on the date of ality Act (8 U.S.C. 1101(a)(22)); and mittee which is established for the purpose of the first regularly scheduled general election for (C) is not lawfully admitted for permanent accepting such donations or contributions), or Federal office held after such date. residence, as defined by section 101(a)(20) of the to any other person for the purpose of funding ‘‘(2) The term ‘illicit foreign money’ means Immigration and Nationality Act (8 U.S.C. an expenditure, independent expenditure, or any disbursement by a foreign national (as de- 1101(a)(20)). electioneering communication (as defined in sec- fined in section 319(b)) prohibited under such Subtitle B—DISCLOSE Act tion 304(f)(3));’’. section.’’. (b) CONDITIONS UNDER WHICH CORPORATE SEC. 4100. SHORT TITLE. (b) EFFECTIVE DATE.—The amendment made PACS MAY MAKE CONTRIBUTIONS AND EXPENDI- This subtitle may be cited as the ‘‘Democracy by subsection (a) shall apply with respect to the TURES.—Section 316(b) of such Act (52 U.S.C. Is Strengthened by Casting Light On Spending Federal election cycle that began during Novem- 30118(b)) is amended by adding at the end the in Elections Act of 2021’’ or the ‘‘DISCLOSE Act ber 2020, and each succeeding Federal election following new paragraph: of 2021’’. cycle. ‘‘(8) A separate segregated fund established by SEC. 4104. PROHIBITION ON CONTRIBUTIONS PART 1—CLOSING LOOPHOLES ALLOWING a corporation may not make a contribution or AND DONATIONS BY FOREIGN NA- SPENDING BY FOREIGN NATIONALS IN expenditure during a year unless the fund has TIONALS IN CONNECTIONS WITH ELECTIONS certified to the Commission the following during BALLOT INITIATIVES AND SEC. 4101. CLARIFICATION OF PROHIBITION ON the year: REFERENDA. PARTICIPATION BY FOREIGN NA- ‘‘(A) Each individual who manages the fund, (a) IN GENERAL.—Section 319(a)(1)(A) of the TIONALS IN ELECTION-RELATED AC- and who is responsible for exercising decision- Federal Election Campaign Act of 1971 (52 TIVITIES. making authority for the fund, is a citizen of U.S.C. 30121(a)(1)(A)) is amended by striking (a) CLARIFICATION OF PROHIBITION.—Section the United States or is lawfully admitted for ‘‘State, or local election’’ and inserting the fol- 319(a) of the Federal Election Campaign Act of permanent residence in the United States. lowing: ‘‘State, or local election, including a 1971 (52 U.S.C. 30121(a)) is amended— ‘‘(B) No foreign national under section 319 State or local ballot initiative or referendum’’. (1) by striking ‘‘or’’ at the end of paragraph participates in any way in the decisionmaking (b) EFFECTIVE DATE.—The amendment made (1); processes of the fund with regard to contribu- by this section shall apply with respect to elec- (2) by striking the period at the end of para- tions or expenditures under this Act. tions held in 2022 or any succeeding year. graph (2) and inserting ‘‘; or’’; and ‘‘(C) The fund does not solicit or accept rec- SEC. 4105. DISBURSEMENTS AND ACTIVITIES SUB- (3) by adding at the end the following new ommendations from any foreign national under JECT TO FOREIGN MONEY BAN. (a) DISBURSEMENTS DESCRIBED.—Section paragraph: section 319 with respect to the contributions or 319(a)(1) of the Federal Election Campaign Act ‘‘(3) a foreign national to direct, dictate, con- expenditures made by the fund. trol, or directly or indirectly participate in the ‘‘(D) Any member of the board of directors of of 1971 (52 U.S.C. 30121(a)(1)) is amended— (1) by striking ‘‘or’’ at the end of subpara- decision making process of any person (includ- the corporation who is a foreign national under ing a corporation, labor organization, political graph (B); and section 319 abstains from voting on matters con- (2) by striking subparagraph (C) and inserting committee, or political organization) with regard cerning the fund or its activities.’’. to such person’s Federal or non-Federal elec- the following: SEC. 4103. AUDIT AND REPORT ON ILLICIT FOR- ‘‘(C) an expenditure; tion-related activity, including any decision EIGN MONEY IN FEDERAL ELEC- ‘‘(D) an independent expenditure; concerning the making of contributions, dona- TIONS. ‘‘(E) a disbursement for an electioneering com- tions, expenditures, or disbursements in connec- (a) IN GENERAL.—Title III of the Federal Elec- munication (within the meaning of section tion with an election for any Federal, State, or tion Campaign Act of 1971 (52 U.S.C. 30101 et 304(f)(3)); local office or any decision concerning the ad- seq.), as amended by section 1821, is further ‘‘(F) a disbursement for a communication ministration of a political committee.’’. amended by inserting after section 319A the fol- which is placed or promoted for a fee on a (b) CERTIFICATION OF COMPLIANCE.—Section lowing new section: website, web application, or digital application 319 of such Act (52 U.S.C. 30121) is amended by ‘‘SEC. 319B. AUDIT AND REPORT ON DISBURSE- that refers to a clearly identified candidate for adding at the end the following new subsection: MENTS BY FOREIGN NATIONALS. election for Federal office and is disseminated ‘‘(c) CERTIFICATION OF COMPLIANCE REQUIRED ‘‘(a) AUDIT.— within 60 days before a general, special, or run- PRIOR TO CARRYING OUT ACTIVITY.—Prior to ‘‘(1) IN GENERAL.—The Commission shall con- off election for the office sought by the can- the making in connection with an election for duct an audit after each Federal election cycle didate or 30 days before a primary or preference Federal office of any contribution, donation, ex- to determine the incidence of illicit foreign election, or a convention or caucus of a political penditure, independent expenditure, or dis- money in such Federal election cycle. party that has authority to nominate a can- bursement for an electioneering communication ‘‘(2) PROCEDURES.—In carrying out paragraph didate for the office sought by the candidate; by a corporation, labor organization (as defined (1), the Commission shall conduct random au- ‘‘(G) a disbursement for a broadcast, cable or in section 316(b)), limited liability corporation, dits of any disbursements required to be reported satellite communication, or for a communication or partnership during a year, the chief executive under this Act, in accordance with procedures which is placed or promoted for a fee on a officer of the corporation, labor organization, established by the Commission. website, web application, or digital application, limited liability corporation, or partnership (or, ‘‘(b) REPORT.—Not later than 180 days after that promotes, supports, attacks, or opposes the if the corporation, labor organization, limited li- the end of each Federal election cycle, the Com- election of a clearly identified candidate for ability corporation, or partnership does not mission shall submit to Congress a report con- Federal, State, or local office (regardless of have a chief executive officer, the highest rank- taining— whether the communication contains express ing official of the corporation, labor organiza- ‘‘(1) results of the audit required by subsection advocacy or the functional equivalent of express tion, limited liability corporation, or partner- (a)(1); advocacy); ship), shall file a certification with the Commis- ‘‘(2) an analysis of the extent to which illicit ‘‘(H) a disbursement for a broadcast, cable, or sion, under penalty of perjury, that a foreign foreign money was used to carry out satellite communication, or for any communica- national did not direct, dictate, control, or di- disinformation and propaganda campaigns fo- tion which is placed or promoted for a fee on an

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H937 online platform (as defined in section 304(k)(3)), ‘‘(A) The name of the covered organization ginning on the first day of the election reporting that discusses a national legislative issue of and the principal place of business of such orga- cycle (or, if earlier, the period beginning one public importance in a year in which a regu- nization and, in the case of a covered organiza- year before the disclosure date) and ending on larly scheduled general election for Federal of- tion that is a corporation (other than a business the disclosure date, fice is held, but only if the disbursement is made concern that is an issuer of a class of securities but only if such payment was made by a person by a covered foreign national described in sec- registered under section 12 of the Securities Ex- who made payments to the covered organization tion 304(j)(3)(C); change Act of 1934 (15 U.S.C. 78l) or that is re- in an aggregate amount of $10,000 or more dur- ‘‘(I) a disbursement by a covered foreign na- quired to file reports under section 15(d) of that ing the period beginning on the first day of the tional described in section 304(j)(3)(C) to com- Act (15 U.S.C. 78o(d))) or an entity described in election reporting cycle (or, if earlier, the period pensate any person for internet activity that subsection (e)(2), a list of the beneficial owners beginning one year before the disclosure date) promotes, supports, attacks, or opposes the elec- (as defined in paragraph (4)(A)) of the entity and ending on the disclosure date. tion of a clearly identified candidate for Fed- that— ‘‘(ii) In any calendar year after 2022, section eral, State, or local office (regardless of whether ‘‘(i) identifies each beneficial owner by name 315(c)(1)(B) shall apply to the amount described the activity contains express advocacy or the and current residential or business street ad- in clause (i) in the same manner as such section functional equivalent of express advocacy); and dress; and applies to the limitations established under sub- ‘‘(J) a disbursement for a Federal judicial ‘‘(ii) if any beneficial owner exercises control sections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of nomination communication (as defined in sec- over the entity through another legal entity, such section, except that for purposes of apply- tion 324(d)(2)).’’. such as a corporation, partnership, limited li- ing such section to the amounts described in (b) EFFECTIVE DATE.—The amendments made ability company, or trust, identifies each such subsection (b), the ‘base period’ shall be 2022. by this section shall apply with respect to dis- other legal entity and each such beneficial ‘‘(G) Such other information as required in bursements made on or after the date of the en- owner who will use that other entity to exercise rules established by the Commission to promote actment of this Act. control over the entity. the purposes of this section. SEC. 4106. PROHIBITING ESTABLISHMENT OF ‘‘(B) The amount of each campaign-related ‘‘(3) EXCEPTIONS.— CORPORATION TO CONCEAL ELEC- disbursement made by such organization during ‘‘(A) AMOUNTS RECEIVED IN ORDINARY COURSE TION CONTRIBUTIONS AND DONA- the period covered by the statement of more OF BUSINESS.—The requirement to include in a TIONS BY FOREIGN NATIONALS. than $1,000, and the name and address of the statement filed under paragraph (1) the infor- (a) PROHIBITION.—Chapter 29 of title 18, person to whom the disbursement was made. mation described in paragraph (2) shall not United States Code, as amended by section ‘‘(C) In the case of a campaign-related dis- apply to amounts received by the covered orga- 1071(a) and section 1201(a), is amended by add- bursement that is not a covered transfer, the nization in commercial transactions in the ordi- ing at the end the following: election to which the campaign-related disburse- nary course of any trade or business conducted ‘‘§ 614. Establishment of corporation to con- ment pertains and if the disbursement is made by the covered organization or in the form of in- ceal election contributions and donations by for a public communication, the name of any vestments (other than investments by the prin- foreign nationals candidate identified in such communication and cipal shareholder in a limited liability corpora- tion) in the covered organization. For purposes ‘‘(a) OFFENSE.—It shall be unlawful for an whether such communication is in support of or of this subparagraph, amounts received by a owner, officer, attorney, or incorporation agent in opposition to a candidate. covered organization as remittances from an em- of a corporation, company, or other entity to es- ‘‘(D) A certification by the chief executive of- ployee to the employee’s collective bargaining tablish or use the corporation, company, or ficer or person who is the head of the covered representative shall be treated as amounts re- other entity with the intent to conceal an activ- organization that the campaign-related dis- ceived in commercial transactions in the ordi- ity of a foreign national (as defined in section bursement is not made in cooperation, consulta- nary course of the business conducted by the 319 of the Federal Election Campaign Act of tion, or concert with or at the request or sugges- covered organization. 1971 (52 U.S.C. 30121)) prohibited under such tion of a candidate, authorized committee, or agent of a candidate, political party, or agent of ‘‘(B) DONOR RESTRICTION ON USE OF FUNDS.— section 319. The requirement to include in a statement sub- ‘‘(b) PENALTY.—Any person who violates sub- a political party. ‘‘(E)(i) If the covered organization makes cam- mitted under paragraph (1) the information de- section (a) shall be imprisoned for not more than scribed in subparagraph (F) of paragraph (2) 5 years, fined under this title, or both.’’. paign-related disbursements using exclusively funds in a segregated bank account consisting shall not apply if— (b) TABLE OF SECTIONS.—The table of sections ‘‘(i) the person described in such subpara- for chapter 29 of title 18, United States Code, as of funds that were paid directly to such account by persons other than the covered organization graph prohibited, in writing, the use of the pay- amended by section 1071(b) and section 1201(b), ment made by such person for campaign-related is amended by inserting after the item relating that controls the account, for each such pay- ment to the account— disbursements; and to section 613 the following: ‘‘(ii) the covered organization agreed to follow ‘‘(I) the name and address of each person who ‘‘614. Establishment of corporation to conceal the prohibition and deposited the payment in an made such payment during the period covered election contributions and dona- account which is segregated from any account by the statement; tions by foreign nationals.’’. ‘‘(II) the date and amount of such payment; used to make campaign-related disbursements. ‘‘(C) THREAT OF HARASSMENT OR REPRISAL.— PART 2—REPORTING OF CAMPAIGN- and RELATED DISBURSEMENTS ‘‘(III) the aggregate amount of all such pay- The requirement to include any information re- lating to the name or address of any person SEC. 4111. REPORTING OF CAMPAIGN-RELATED ments made by the person during the period be- DISBURSEMENTS. ginning on the first day of the election reporting (other than a candidate) in a statement sub- mitted under paragraph (1) shall not apply if (a) DISCLOSURE REQUIREMENTS FOR CORPORA- cycle (or, if earlier, the period beginning one the inclusion of the information would subject TIONS, LABOR ORGANIZATIONS, AND CERTAIN year before the disclosure date) and ending on the person to serious threats, harassment, or re- OTHER ENTITIES.— the disclosure date, (1) IN GENERAL.—Section 324 of the Federal but only if such payment was made by a person prisals. ‘‘(4) OTHER DEFINITIONS.—For purposes of this Election Campaign Act of 1971 (52 U.S.C. 30126) who made payments to the account in an aggre- section: is amended to read as follows: gate amount of $10,000 or more during the pe- ‘‘(A) BENEFICIAL OWNER DEFINED.— ‘‘SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED riod beginning on the first day of the election ‘‘(i) IN GENERAL.—Except as provided in DISBURSEMENTS BY COVERED OR- reporting cycle (or, if earlier, the period begin- clause (ii), the term ‘beneficial owner’ means, GANIZATIONS. ning one year before the disclosure date) and with respect to any entity, a natural person ‘‘(a) DISCLOSURE STATEMENT.— ending on the disclosure date. who, directly or indirectly— ‘‘(1) IN GENERAL.—Any covered organization ‘‘(ii) In any calendar year after 2022, section ‘‘(I) exercises substantial control over an enti- that makes campaign-related disbursements ag- 315(c)(1)(B) shall apply to the amount described ty through ownership, voting rights, agreement, gregating more than $10,000 in an election re- in clause (i) in the same manner as such section or otherwise; or porting cycle shall, not later than 24 hours after applies to the limitations established under sub- ‘‘(II) has a substantial interest in or receives each disclosure date, file a statement with the sections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of substantial economic benefits from the assets of Commission made under penalty of perjury that such section, except that for purposes of apply- an entity. contains the information described in paragraph ing such section to the amounts described in ‘‘(ii) EXCEPTIONS.—The term ‘beneficial (2)— subsection (b), the ‘base period’ shall be 2022. owner’ shall not include— ‘‘(A) in the case of the first statement filed ‘‘(F)(i) If the covered organization makes cam- ‘‘(I) a minor child; under this subsection, for the period beginning paign-related disbursements using funds other ‘‘(II) a person acting as a nominee, inter- on the first day of the election reporting cycle than funds in a segregated bank account de- mediary, custodian, or agent on behalf of an- (or, if earlier, the period beginning one year be- scribed in subparagraph (E), for each payment other person; fore the first such disclosure date) and ending to the covered organization— ‘‘(III) a person acting solely as an employee of on the first such disclosure date; and ‘‘(I) the name and address of each person who an entity and whose control over or economic ‘‘(B) in the case of any subsequent statement made such payment during the period covered benefits from the entity derives solely from the filed under this subsection, for the period begin- by the statement; employment status of the person; ning on the previous disclosure date and ending ‘‘(II) the date and amount of such payment; ‘‘(IV) a person whose only interest in an enti- on such disclosure date. and ty is through a right of inheritance, unless the ‘‘(2) INFORMATION DESCRIBED.—The informa- ‘‘(III) the aggregate amount of all such pay- person also meets the requirements of clause (i); tion described in this paragraph is as follows: ments made by the person during the period be- or

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‘‘(V) a creditor of an entity, unless the cred- ‘‘(B) EXCEPTION.—Such term shall not include make campaign-related disbursements in an ag- itor also meets the requirements of clause (i). any news story, commentary, or editorial dis- gregate amount of $50,000 or more during the 2- ‘‘(iii) ANTI-ABUSE RULE.—The exceptions tributed through the facilities of any broad- year period beginning on the date of the trans- under clause (ii) shall not apply if used for the casting station or any print, online, or digital fer or payment. purpose of evading, circumventing, or abusing newspaper, magazine, publication, or periodical, ‘‘(2) EXCLUSIONS.—The term ‘covered transfer’ the provisions of clause (i) or paragraph (2)(A). unless such facilities are owned or controlled by does not include any of the following: ‘‘(B) DISCLOSURE DATE.—The term ‘disclosure any political party, political committee, or can- ‘‘(A) A disbursement made by a covered orga- date’ means— didate. nization in a commercial transaction in the or- ‘‘(i) the first date during any election report- ‘‘(3) EXCEPTION.—The term ‘campaign-related dinary course of any trade or business con- ing cycle by which a person has made cam- disbursement’ does not include any news story, ducted by the covered organization or in the paign-related disbursements aggregating more commentary, or editorial distributed through the form of investments made by the covered organi- than $10,000; and facilities of any broadcasting station or any zation. ‘‘(ii) any other date during such election re- print, online, or digital newspaper, magazine, ‘‘(B) A disbursement made by a covered orga- porting cycle by which a person has made cam- publication, or periodical, unless such facilities nization if— paign-related disbursements aggregating more are owned or controlled by any political party, ‘‘(i) the covered organization prohibited, in than $10,000 since the most recent disclosure political committee, or candidate. writing, the use of such disbursement for cam- date for such election reporting cycle. ‘‘(4) INTENT NOT REQUIRED.—A disbursement paign-related disbursements; and ‘‘(C) ELECTION REPORTING CYCLE.—The term for an item described in subparagraph (A), (B), ‘‘(ii) the recipient of the disbursement agreed ‘election reporting cycle’ means the 2-year pe- (C), (D), or (E) of paragraph (1) shall be treated to follow the prohibition and deposited the dis- riod beginning on the date of the most recent as a campaign-related disbursement regardless bursement in an account which is segregated general election for Federal office, except that of the intent of the person making the disburse- from any account used to make campaign-re- in the case of a campaign-related disbursement ment. lated disbursements. for a Federal judicial nomination communica- ‘‘(e) COVERED ORGANIZATION DEFINED.—In ‘‘(3) SPECIAL RULE REGARDING TRANSFERS tion, such term means any calendar year in this section, the term ‘covered organization’ AMONG AFFILIATES.— which the campaign-related disbursement is means any of the following: ‘‘(A) SPECIAL RULE.—A transfer of an amount made. ‘‘(1) A corporation (other than an organiza- by one covered organization to another covered ‘‘(D) PAYMENT.—The term ‘payment’ includes tion described in section 501(c)(3) of the Internal organization which is treated as a transfer be- any contribution, donation, transfer, payment Revenue Code of 1986). tween affiliates under subparagraph (C) shall be of dues, or other payment. ‘‘(2) A limited liability corporation that is not ‘‘(b) COORDINATION WITH OTHER PROVI- considered a covered transfer by the covered or- otherwise treated as a corporation for purposes SIONS.— ganization which transfers the amount only if ‘‘(1) OTHER REPORTS FILED WITH THE COMMIS- of this Act (other than an organization de- the aggregate amount transferred during the SION.—Information included in a statement filed scribed in section 501(c)(3) of the Internal Rev- year by such covered organization to that same under this section may be excluded from state- enue Code of 1986). covered organization is equal to or greater than ments and reports filed under section 304. ‘‘(3) An organization described in section $50,000. ‘‘(2) TREATMENT AS SEPARATE SEGREGATED 501(c) of such Code and exempt from taxation ‘‘(B) DETERMINATION OF AMOUNT OF CERTAIN FUND.—A segregated bank account referred to in under section 501(a) of such Code (other than PAYMENTS AMONG AFFILIATES.—In determining subsection (a)(2)(E) may be treated as a sepa- an organization described in section 501(c)(3) of the amount of a transfer between affiliates for rate segregated fund for purposes of section such Code). purposes of subparagraph (A), to the extent that 527(f)(3) of the Internal Revenue Code of 1986. ‘‘(4) A labor organization (as defined in sec- the transfer consists of funds attributable to ‘‘(c) FILING.—Statements required to be filed tion 316(b)). dues, fees, or assessments which are paid by in- under subsection (a) shall be subject to the re- ‘‘(5) Any political organization under section dividuals on a regular, periodic basis in accord- quirements of section 304(d) to the same extent 527 of the Internal Revenue Code of 1986, other ance with a per-individual calculation which is and in the same manner as if such reports had than a political committee under this Act (ex- made on a regular basis, the transfer shall be been required under subsection (c) or (g) of sec- cept as provided in paragraph (6)). attributed to the individuals paying the dues, tion 304. ‘‘(6) A political committee with an account fees, or assessments and shall not be attributed ‘‘(d) CAMPAIGN-RELATED DISBURSEMENT DE- that accepts donations or contributions that do to the covered organization. FINED.— not comply with the contribution limits or ‘‘(C) DESCRIPTION OF TRANSFERS BETWEEN AF- ‘‘(1) IN GENERAL.—In this section, the term source prohibitions under this Act, but only FILIATES.—A transfer of amounts from one cov- ‘campaign-related disbursement’ means a dis- with respect to such accounts. ered organization to another covered organiza- OVERED TRANSFER DEFINED.— bursement by a covered organization for any of ‘‘(f) C tion shall be treated as a transfer between affili- ‘‘(1) IN GENERAL.—In this section, the term the following: ates if— ‘covered transfer’ means any transfer or pay- ‘‘(A) An independent expenditure which ex- ‘‘(i) one of the organizations is an affiliate of ment of funds by a covered organization to an- pressly advocates the election or defeat of a the other organization; or other person if the covered organization— clearly identified candidate for election for Fed- ‘‘(ii) each of the organizations is an affiliate ‘‘(A) designates, requests, or suggests that the eral office, or is the functional equivalent of ex- of the same organization, amounts be used for— press advocacy because, when taken as a whole, except that the transfer shall not be treated as ‘‘(i) campaign-related disbursements (other it can be interpreted by a reasonable person a transfer between affiliates if one of the orga- only as advocating the election or defeat of a than covered transfers); or ‘‘(ii) making a transfer to another person for nizations is established for the purpose of mak- candidate for election for Federal office. ing campaign-related disbursements. ‘‘(B) Any public communication which refers the purpose of making or paying for such cam- ‘‘(D) DETERMINATION OF AFFILIATE STATUS.— to a clearly identified candidate for election for paign-related disbursements; ‘‘(B) made such transfer or payment in re- For purposes of subparagraph (C), a covered or- Federal office and which promotes or supports ganization is an affiliate of another covered or- the election of a candidate for that office, or at- sponse to a solicitation or other request for a do- ganization if— tacks or opposes the election of a candidate for nation or payment for— ‘‘(i) the making of or paying for campaign-re- ‘‘(i) the governing instrument of the organiza- that office, without regard to whether the com- tion requires it to be bound by decisions of the munication expressly advocates a vote for or lated disbursements (other than covered trans- fers); or other organization; against a candidate for that office. ‘‘(ii) the governing board of the organization ‘‘(C) An electioneering communication, as de- ‘‘(ii) making a transfer to another person for includes persons who are specifically designated fined in section 304(f)(3). the purpose of making or paying for such cam- ‘‘(D) A Federal judicial nomination commu- paign-related disbursements; representatives of the other organization or are nication. ‘‘(C) engaged in discussions with the recipient members of the governing board, officers, or ‘‘(E) A covered transfer. of the transfer or payment regarding— paid executive staff members of the other orga- ‘‘(2) FEDERAL JUDICIAL NOMINATION COMMU- ‘‘(i) the making of or paying for campaign-re- nization, or whose service on the governing NICATION.— lated disbursements (other than covered trans- board is contingent upon the approval of the ‘‘(A) IN GENERAL.—The term ‘Federal judicial fers); or other organization; or nomination communication’ means any commu- ‘‘(ii) donating or transferring any amount of ‘‘(iii) the organization is chartered by the nication— such transfer or payment to another person for other organization. ‘‘(i) that is by means of any broadcast, cable, the purpose of making or paying for such cam- ‘‘(E) COVERAGE OF TRANSFERS TO AFFILIATED or satellite, paid internet, or paid digital com- paign-related disbursements; SECTION 501(c)(3) ORGANIZATIONS.—This para- munication, paid promotion, newspaper, maga- ‘‘(D) made campaign-related disbursements graph shall apply with respect to an amount zine, outdoor advertising facility, mass mailing, (other than a covered transfer) in an aggregate transferred by a covered organization to an or- telephone bank, telephone messaging effort of amount of $50,000 or more during the 2-year pe- ganization described in paragraph (3) of section more than 500 substantially similar calls or elec- riod ending on the date of the transfer or pay- 501(c) of the Internal Revenue Code of 1986 and tronic messages within a 30-day period, or any ment, or knew or had reason to know that the exempt from tax under section 501(a) of such other form of general public political adver- person receiving the transfer or payment made Code in the same manner as this paragraph ap- tising; and such disbursements in such an aggregate plies to an amount transferred by a covered or- ‘‘(ii) which promotes, supports, attacks, or op- amount during that 2-year period; or ganization to another covered organization. poses the nomination or Senate confirmation of ‘‘(E) knew or had reason to know that the ‘‘(g) NO EFFECT ON OTHER REPORTING RE- an individual as a Federal judge or justice. person receiving the transfer or payment would QUIREMENTS.—Nothing in this section shall be

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Moscow’s influence (2) CONFORMING AMENDMENT.—Section ‘‘(b) CLARIFYING SCOPE OF JURISDICTION.—If campaign followed a Russian messaging strat- 304(f)(6) of such Act (52 U.S.C. 30104) is amend- an action at the time of its commencement is not egy that blends covert intelligence operation— ed by striking ‘‘Any requirement’’ and inserting subject to subsection (a), but an amendment, such as cyber activity—with overt efforts by ‘‘Except as provided in section 324(b), any re- counterclaim, cross-claim, affirmative defense, Russian Government agencies, state-funded quirement’’. or any other pleading or motion is filed chal- media, third-party intermediaries, and paid so- (b) COORDINATION WITH FINCEN.— lenging, whether facially or as-applied, the con- cial media users or ‘‘trolls’’. (1) IN GENERAL.—The Director of the Finan- stitutionality or lawfulness of this Act or of (2) On November 24, 2016, The Washington cial Crimes Enforcement Network of the Depart- chapter 95 or 96 of the Internal Revenue Code of Post reported findings from 2 teams of inde- ment of the Treasury shall provide the Federal 1986, or is brought to with respect to any action pendent researchers that concluded Russians Election Commission with such information as of the Commission under chapter 95 or 96 of the ‘‘exploited American-made technology platforms necessary to assist in administering and enforc- Internal Revenue Code of 1986, the district court to attack U.S. democracy at a particularly vul- ing section 324 of the Federal Election Cam- shall transfer the action to the District Court for nerable moment * * * as part of a broadly effec- paign Act of 1971, as added by this section. the District of Columbia, and the action shall tive strategy of sowing distrust in U.S. democ- (2) REPORT.—Not later than 6 months after thereafter be conducted pursuant to subsection racy and its leaders.’’. the date of the enactment of this Act, the Chair- (a). (3) Findings from a 2017 study on the manipu- man of the Federal Election Commission, in con- ‘‘(c) INTERVENTION BY MEMBERS OF CON- lation of public opinion through social media sultation with the Director of the Financial GRESS.—In any action described in subsection conducted by the Computational Propaganda Crimes Enforcement Network of the Department (a) relating to declaratory or injunctive relief to Research Project at the Oxford Internet Insti- of the Treasury, shall submit to Congress a re- challenge the constitutionality of a provision, tute found that the Kremlin is using pro-Rus- port with recommendations for providing further any Member of the House of Representatives sian bots to manipulate public discourse to a legislative authority to assist in the administra- (including a Delegate or Resident Commissioner highly targeted audience. With a sample of tion and enforcement of such section 324. to the Congress) or Senate shall have the right nearly 1,300,000 tweets, researchers found that SEC. 4112. APPLICATION OF FOREIGN MONEY BAN to intervene either in support of or opposition to in the 2016 election’s 3 decisive States, propa- TO DISBURSEMENTS FOR CAMPAIGN- the position of a party to the case regarding the ganda constituted 40 percent of the sampled RELATED DISBURSEMENTS CON- constitutionality of the provision. To avoid du- election-related tweets that went to Pennsylva- SISTING OF COVERED TRANSFERS. plication of efforts and reduce the burdens nians, 34 percent to Michigan voters, and 30 Section 319(a)(1)(A) of the Federal Election placed on the parties to the action, the court in percent to those in Wisconsin. In other swing Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)), any such action may make such orders as it States, the figure reached 42 percent in Mis- as amended by section 4102, is amended by strik- considers necessary, including orders to require souri, 41 percent in Florida, 40 percent in North ing the semicolon at the end and inserting the interveners taking similar positions to file joint Carolina, 38 percent in Colorado, and 35 percent following: ‘‘, and any disbursement, other than papers or to be represented by a single attorney in Ohio. an disbursement described in section at oral argument. (4) On September 6, 2017, the Nation’s largest 324(a)(3)(A), to another person who made a ‘‘(d) CHALLENGE BY MEMBERS OF CONGRESS.— social media platform disclosed that between campaign-related disbursement consisting of a Any Member of Congress may bring an action, June 2015 and May 2017, Russian entities pur- covered transfer (as described in section 324) subject to the special rules described in sub- chased $100,000 in political advertisements, pub- during the 2-year period ending on the date of section (a), for declaratory or injunctive relief to lishing roughly 3,000 ads linked to fake ac- the disbursement;’’. challenge, whether facially or as-applied, the counts associated with the Internet Research SEC. 4113. EFFECTIVE DATE. constitutionality of any provision of this Act or Agency, a pro-Kremlin organization. According The amendments made by this part shall chapter 95 or 96 of the Internal Revenue Code of to the company, the ads purchased focused ‘‘on apply with respect to disbursements made on or 1986.’’. amplifying divisive social and political messages after January 1, 2022, and shall take effect with- (b) CONFORMING AMENDMENTS.— * * *’’. out regard to whether or not the Federal Elec- (1) Section 9011 of the Internal Revenue Code (5) In 2002, the Bipartisan Campaign Reform tion Commission has promulgated regulations to of 1986 is amended to read as follows: Act became law, establishing disclosure require- carry out such amendments. ‘‘SEC. 9011. JUDICIAL REVIEW. ments for political advertisements distributed PART 3—OTHER ADMINISTRATIVE ‘‘For provisions relating to judicial review of from a television or radio broadcast station or REFORMS certifications, determinations, and actions by provider of cable or satellite television. In 2003, SEC. 4121. PETITION FOR CERTIORARI. the Commission under this chapter, see section the Supreme Court upheld regulations on elec- Section 307(a)(6) of the Federal Election Cam- 407 of the Federal Election Campaign Act of tioneering communications established under paign Act of 1971 (52 U.S.C. 30107(a)(6)) is 1971.’’. the Act, noting that such requirements ‘‘provide amended by inserting ‘‘(including a proceeding (2) Section 9041 of the Internal Revenue Code the electorate with information and insure that before the Supreme Court on certiorari)’’ after of 1986 is amended to read as follows: the voters are fully informed about the person or ‘‘appeal’’. ‘‘SEC. 9041. JUDICIAL REVIEW. group who is speaking.’’. SEC. 4122. JUDICIAL REVIEW OF ACTIONS RE- ‘‘For provisions relating to judicial review of (6) According to a study from Borrell Associ- LATED TO CAMPAIGN FINANCE actions by the Commission under this chapter, ates, in 2016, $1,415,000,000 was spent on online LAWS. see section 407 of the Federal Election Campaign advertising, more than quadruple the amount in (a) IN GENERAL.—Title IV of the Federal Elec- Act of 1971.’’. 2012. tion Campaign Act of 1971 (52 U.S.C. 30141 et (3) Section 310 of the Federal Election Cam- (7) The reach of a few large internet plat- seq.) is amended by inserting after section 406 paign Act of 1971 (52 U.S.C. 30110) is repealed. forms—larger than any broadcast, satellite, or the following new section: (4) Section 403 of the Bipartisan Campaign cable provider—has greatly facilitated the scope ‘‘SEC. 407. JUDICIAL REVIEW. Reform Act of 2002 (52 U.S.C. 30110 note) is re- and effectiveness of disinformation campaigns. ‘‘(a) IN GENERAL.—Notwithstanding section pealed. For instance, the largest platform has over 373(f), if any action is brought for declaratory (c) EFFECTIVE DATE.—The amendments made 210,000,000 Americans users—over 160,000,000 of or injunctive relief to challenge, whether by this section shall apply to actions brought on them on a daily basis. By contrast, the largest facially or as-applied, the constitutionality or or after January 1, 2021. cable television provider has 22,430,000 sub- lawfulness of any provision of this Act or of Subtitle C—Strengthening Oversight of scribers, while the largest satellite television chapter 95 or 96 of the Internal Revenue Code of Online Political Advertising provider has 21,000,000 subscribers. And the most-watched television broadcast in United 1986, or is brought to with respect to any action SEC. 4201. SHORT TITLE. of the Commission under chapter 95 or 96 of the States history had 118,000,000 viewers. This subtitle may be cited as the ‘‘Honest Ads Internal Revenue Code of 1986, the following (8) The public nature of broadcast television, Act’’. rules shall apply: radio, and satellite ensures a level of publicity ‘‘(1) The action shall be filed in the United SEC. 4202. PURPOSE. for any political advertisement. These commu- States District Court for the District of Colum- The purpose of this subtitle is to enhance the nications are accessible to the press, fact-check- bia and an appeal from the decision of the dis- integrity of American democracy and national ers, and political opponents; this creates strong trict court may be taken to the Court of Appeals security by improving disclosure requirements disincentives for a candidate to disseminate ma- for the District of Columbia Circuit. for online political advertisements in order to terially false, inflammatory, or contradictory ‘‘(2) In the case of an action relating to de- uphold the Supreme Court’s well-established messages to the public. Social media platforms, claratory or injunctive relief to challenge the standard that the electorate bears the right to be in contrast, can target portions of the electorate constitutionality of a provision, the party filing fully informed. with direct, ephemeral advertisements often on the action shall concurrently deliver a copy the SEC. 4203. FINDINGS. the basis of private information the platform has complaint to the Clerk of the House of Rep- Congress makes the following findings: on individuals, enabling political advertisements resentatives and the Secretary of the Senate. (1) On January 6, 2017, the Office of the Di- that are contradictory, racially or socially in- ‘‘(3) It shall be the duty of the United States rector of National Intelligence published a re- flammatory, or materially false. District Court for the District of Columbia and port titled ‘‘Assessing Russian Activities and In- (9) According to comScore, 2 companies own 8 the Court of Appeals for the District of Colum- tentions in Recent U.S. Elections’’, noting that of the 10 most popular smart phone applications

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as of June 2017, including the most popular so- (b) TREATMENT OF CONTRIBUTIONS AND EX- serting ‘‘shall state in a clear and conspicuous cial media and email services—which deliver in- PENDITURES.—Section 301 of such Act (52 U.S.C. manner’’; and formation and news to users without requiring 30101) is amended— (2) by adding at the end the following flush proactivity by the user. Those same 2 companies (1) in paragraph (8)(B)(v), by striking ‘‘on sentence: ‘‘For purposes of this section, a com- accounted for 99 percent of revenue growth from broadcasting stations, or in newspapers, maga- munication does not make a statement in a clear digital advertising in 2016, including 77 percent zines, or similar types of general public political and conspicuous manner if it is difficult to read of gross spending. 79 percent of online Ameri- advertising’’ and inserting ‘‘in any public com- or hear or if the placement is easily over- cans—representing 68 percent of all Americans— munication’’; and looked.’’. use the single largest social network, while 66 (2) in paragraph (9)(B)— (b) SPECIAL RULES FOR QUALIFIED INTERNET percent of these users are most likely to get their (A) by amending clause (i) to read as follows: OR DIGITAL COMMUNICATIONS.— news from that site. ‘‘(i) any news story, commentary, or editorial (1) IN GENERAL.—Section 318 of such Act (52 (10) In its 2006 rulemaking, the Federal Elec- distributed through the facilities of any broad- U.S.C. 30120) is amended by adding at the end tion Commission noted that only 18 percent of casting station or any print, online, or digital the following new subsection: all Americans cited the internet as their leading newspaper, magazine, blog, publication, or peri- ‘‘(e) SPECIAL RULES FOR QUALIFIED INTERNET source of news about the 2004 Presidential elec- odical, unless such broadcasting, print, online, OR DIGITAL COMMUNICATIONS.— tion; by contrast, the Pew Research Center or digital facilities are owned or controlled by ‘‘(1) SPECIAL RULES WITH RESPECT TO STATE- found that 65 percent of Americans identified an any political party, political committee, or can- MENTS.—In the case of any qualified internet or internet-based source as their leading source of didate;’’; and digital communication (as defined in section information for the 2016 election. (B) in clause (iv), by striking ‘‘on broad- 304(f)(3)(D)) which is disseminated through a (11) The Federal Election Commission, the casting stations, or in newspapers, magazines, medium in which the provision of all of the in- independent Federal agency charged with pro- or similar types of general public political adver- formation specified in this section is not pos- tecting the integrity of the Federal campaign fi- tising’’ and inserting ‘‘in any public commu- sible, the communication shall, in a clear and nance process by providing transparency and nication’’. conspicuous manner— administering campaign finance laws, has failed (c) DISCLOSURE AND DISCLAIMER STATE- ‘‘(A) state the name of the person who paid to take action to address online political adver- MENTS.—Subsection (a) of section 318 of such for the communication; and tisements. Act (52 U.S.C. 30120) is amended— ‘‘(B) provide a means for the recipient of the (12) In testimony before the Senate Select (1) by striking ‘‘financing any communication communication to obtain the remainder of the Committee on Intelligence titled, through any broadcasting station, newspaper, information required under this section with ‘‘Disinformation: A Primer in Russian Active magazine, outdoor advertising facility, mailing, minimal effort and without receiving or viewing Measures and Influence Campaigns’’, multiple or any other type of general public political ad- any additional material other than such re- expert witnesses testified that while the vertising’’ and inserting ‘‘financing any public quired information. disinformation tactics of foreign adversaries communication’’; and ‘‘(2) SAFE HARBOR FOR DETERMINING CLEAR have not necessarily changed, social media serv- (2) by striking ‘‘solicits any contribution AND CONSPICUOUS MANNER.—A statement in ices now provide ‘‘platform[s] practically pur- through any broadcasting station, newspaper, qualified internet or digital communication (as pose-built for active measures[.]’’ Similarly, as magazine, outdoor advertising facility, mailing, defined in section 304(f)(3)(D)) shall be consid- Gen. Keith B. Alexander (RET.), the former Di- or any other type of general public political ad- ered to be made in a clear and conspicuous man- rector of the National Security Agency, testified, vertising’’ and inserting ‘‘solicits any contribu- ner as provided in subsection (a) if the commu- during the Cold War ‘‘if the Soviet Union tion through any public communication’’. nication meets the following requirements: sought to manipulate information flow, it would SEC. 4206. EXPANSION OF DEFINITION OF ELEC- ‘‘(A) TEXT OR GRAPHIC COMMUNICATIONS.—In have to do so principally through its own propa- TIONEERING COMMUNICATION. the case of a text or graphic communication, the ganda outlets or through active measures that (a) EXPANSION TO ONLINE COMMUNICATIONS.— statement— would generate specific news: planting of leaf- (1) APPLICATION TO QUALIFIED INTERNET AND ‘‘(i) appears in letters at least as large as the lets, inciting of violence, creation of other false DIGITAL COMMUNICATIONS.— majority of the text in the communication; and materials and narratives. But the news itself (A) IN GENERAL.—Subparagraph (A) of section ‘‘(ii) meets the requirements of paragraphs (2) was hard to manipulate because it would have 304(f)(3) of the Federal Election Campaign Act and (3) of subsection (c). required actual control of the organs of media, of 1971 (52 U.S.C. 30104(f)(3)(A)) is amended by ‘‘(B) AUDIO COMMUNICATIONS.—In the case of which took long-term efforts to penetrate. striking ‘‘or satellite communication’’ each place an audio communication, the statement is spo- Today, however, because the clear majority of it appears in clauses (i) and (ii) and inserting ken in a clearly audible and intelligible manner the information on social media sites is ‘‘satellite, or qualified internet or digital com- at the beginning or end of the communication uncurated and there is a rapid proliferation of munication’’. and lasts at least 3 seconds. information sources and other sites that can re- (B) QUALIFIED INTERNET OR DIGITAL COMMU- ‘‘(C) VIDEO COMMUNICATIONS.—In the case of inforce information, there is an increasing like- NICATION.—Paragraph (3) of section 304(f) of a video communication which also includes lihood that the information available to average such Act (52 U.S.C. 30104(f)) is amended by add- audio, the statement— consumers may be inaccurate (whether inten- ing at the end the following new subparagraph: ‘‘(i) is included at either the beginning or the tionally or otherwise) and may be more easily ‘‘(D) QUALIFIED INTERNET OR DIGITAL COMMU- end of the communication; and manipulable than in prior eras.’’. NICATION.—The term ‘qualified internet or dig- ‘‘(ii) is made both in— (13) Current regulations on political advertise- ital communication’ means any communication ‘‘(I) a written format that meets the require- ments do not provide sufficient transparency to which is placed or promoted for a fee on an on- ments of subparagraph (A) and appears for at uphold the public’s right to be fully informed line platform (as defined in subsection (k)(3)).’’. least 4 seconds; and about political advertisements made online. (2) NONAPPLICATION OF RELEVANT ELECTORATE ‘‘(II) an audible format that meets the require- SEC. 4204. SENSE OF CONGRESS. TO ONLINE COMMUNICATIONS.—Section ments of subparagraph (B). It is the sense of Congress that— 304(f)(3)(A)(i)(III) of such Act (52 U.S.C. ‘‘(D) OTHER COMMUNICATIONS.—In the case of (1) the dramatic increase in digital political 30104(f)(3)(A)(i)(III)) is amended by inserting any other type of communication, the statement advertisements, and the growing centrality of ‘‘any broadcast, cable, or satellite’’ before ‘‘com- is at least as clear and conspicuous as the state- online platforms in the lives of Americans, re- munication’’. ment specified in subparagraph (A), (B), or quires the Congress and the Federal Election (3) NEWS EXEMPTION.—Section 304(f)(3)(B)(i) (C).’’. Commission to take meaningful action to ensure of such Act (52 U.S.C. 30104(f)(3)(B)(i)) is (2) NONAPPLICATION OF CERTAIN EXCEP- that laws and regulations provide the account- amended to read as follows: TIONS.—The exceptions provided in section ability and transparency that is fundamental to ‘‘(i) a communication appearing in a news 110.11(f)(1)(i) and (ii) of title 11, Code of Federal our democracy; story, commentary, or editorial distributed Regulations, or any successor to such rules, (2) free and fair elections require both trans- through the facilities of any broadcasting sta- shall have no application to qualified internet parency and accountability which give the pub- tion or any online or digital newspaper, maga- or digital communications (as defined in section lic a right to know the true sources of funding zine, blog, publication, or periodical, unless 304(f)(3)(D) of the Federal Election Campaign for political advertisements in order to make in- such broadcasting, online, or digital facilities Act of 1971). formed political choices and hold elected offi- are owned or controlled by any political party, (c) MODIFICATION OF ADDITIONAL REQUIRE- cials accountable; and political committee, or candidate;’’. MENTS FOR CERTAIN COMMUNICATIONS.—Section (3) transparency of funding for political ad- (b) EFFECTIVE DATE.—The amendments made 318(d) of such Act (52 U.S.C. 30120(d)) is amend- vertisements is essential to enforce other cam- by this section shall apply with respect to com- ed— paign finance laws, including the prohibition on munications made on or after January 1, 2022. (1) in paragraph (1)(A)— campaign spending by foreign nationals. SEC. 4207. APPLICATION OF DISCLAIMER STATE- (A) by striking ‘‘which is transmitted through SEC. 4205. EXPANSION OF DEFINITION OF PUBLIC MENTS TO ONLINE COMMUNICA- radio’’ and inserting ‘‘which is in an audio for- COMMUNICATION. TIONS. mat’’; and (a) IN GENERAL.—Paragraph (22) of section (a) CLEAR AND CONSPICUOUS MANNER RE- (B) by striking ‘‘BY RADIO’’ in the heading 301 of the Federal Election Campaign Act of QUIREMENT.—Subsection (a) of section 318 of the and inserting ‘‘AUDIO FORMAT’’; 1971 (52 U.S.C. 30101(22)) is amended by striking Federal Election Campaign Act of 1971 (52 (2) in paragraph (1)(B)— ‘‘or satellite communication’’ and inserting U.S.C. 30120(a)) is amended— (A) by striking ‘‘which is transmitted through ‘‘satellite, paid internet, or paid digital commu- (1) by striking ‘‘shall clearly state’’ each place television’’ and inserting ‘‘which is in video for- nication’’. it appears in paragraphs (1), (2), and (3) and in- mat’’; and

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(B) by striking ‘‘BY TELEVISION’’ in the head- ‘‘(B) communicates a message relating to any from the individual or entity making such pur- ing and inserting ‘‘VIDEO FORMAT’’; and political matter of national importance, includ- chase whether the purchase is to be made by a (3) in paragraph (2)— ing— foreign national, directly or indirectly. (A) by striking ‘‘transmitted through radio or ‘‘(i) a candidate; ‘‘(2) SPECIAL RULES FOR DISBURSEMENT PAID television’’ and inserting ‘‘made in audio or ‘‘(ii) any election to Federal office; or WITH CREDIT CARD.—For purposes of paragraph video format’’; and ‘‘(iii) a national legislative issue of public im- (1), a television or radio broadcast station, pro- (B) by striking ‘‘through television’’ in the portance. vider of cable or satellite television, or online second sentence and inserting ‘‘in video for- ‘‘(5) TIME TO MAINTAIN FILE.—The informa- platform shall be considered to have made rea- mat’’. tion required under this subsection shall be sonable efforts under such paragraph in the SEC. 4208. POLITICAL RECORD REQUIREMENTS made available as soon as possible and shall be case of a purchase of the availability of a com- FOR ONLINE PLATFORMS. retained by the online platform for a period of munication which is made with a credit card (a) IN GENERAL.—Section 304 of the Federal not less than 4 years. if— Election Campaign Act of 1971 (52 U.S.C. 30104), ‘‘(6) SAFE HARBOR FOR PLATFORMS MAKING ‘‘(A) the individual or entity making such as amended by section 4002, is amended by add- BEST EFFORTS TO IDENTIFY REQUESTS WHICH ARE purchase is required, at the time of making such ing at the end the following new subsection: SUBJECT TO RECORD MAINTENANCE REQUIRE- purchase, to disclose the credit verification ‘‘(k) DISCLOSURE OF CERTAIN ONLINE ADVER- MENTS.—In accordance with rules established by value of such credit card; and TISEMENTS.— the Commission, if an online platform shows ‘‘(B) the billing address associated with such ‘‘(1) IN GENERAL.— that the platform used best efforts to determine credit card is located in the United States or, in ‘‘(A) REQUIREMENTS FOR ONLINE PLAT- whether or not a request to purchase a qualified the case of a purchase made by an individual FORMS.—An online platform shall maintain, and political advertisement was subject to the re- who is a United States citizen living outside of make available for online public inspection in quirements of this subsection, the online plat- the United States, the individual provides the machine readable format, a complete record of form shall not be considered to be in violation of television or radio broadcast station, provider of any request to purchase on such online platform such requirements. cable or satellite television, or online platform a qualified political advertisement which is ‘‘(7) PENALTIES.—For penalties for failure by with the United States mailing address the indi- made by a person whose aggregate requests to online platforms, and persons requesting to pur- vidual uses for voter registration purposes.’’. purchase qualified political advertisements on chase a qualified political advertisement on on- SEC. 4210. INDEPENDENT STUDY ON MEDIA LIT- such online platform during the calendar year line platforms, to comply with the requirements ERACY AND ONLINE POLITICAL CON- exceeds $500. of this subsection, see section 309.’’. TENT CONSUMPTION. ‘‘(B) REQUIREMENTS FOR ADVERTISERS.—Any (b) RULEMAKING.—Not later than 120 days (a) INDEPENDENT STUDY.—Not later than 30 person who requests to purchase a qualified po- after the date of the enactment of this Act, the days after the date of enactment of this Act, the litical advertisement on an online platform shall Federal Election Commission shall establish Federal Election Commission shall commission provide the online platform with such informa- rules— an independent study and report on media lit- tion as is necessary for the online platform to (1) requiring common data formats for the eracy with respect to online political content comply with the requirements of subparagraph record required to be maintained under section consumption among voting-age Americans. (A). 304(k) of the Federal Election Campaign Act of (b) ELEMENTS.—The study and report under ‘‘(2) CONTENTS OF RECORD.—A record main- 1971 (as added by subsection (a)) so that all on- subsection (a) shall include the following: tained under paragraph (1)(A) shall contain— line platforms submit and maintain data online (1) An evaluation of media literacy skills, ‘‘(A) a digital copy of the qualified political in a common, machine-readable and publicly ac- such as the ability to evaluate sources, syn- advertisement; cessible format; thesize multiple accounts into a coherent under- ‘‘(B) a description of the audience targeted by (2) establishing search interface requirements standing of an issue, understand the context of the advertisement, the number of views gen- relating to such record, including searches by communications, and responsibly create and erated from the advertisement, and the date and candidate name, issue, purchaser, and date; and share information, among voting-age Americans. time that the advertisement is first displayed (3) establishing the criteria for the safe harbor (2) An analysis of the effects of media literacy and last displayed; and exception provided under paragraph (6) of sec- education and particular media literacy skills ‘‘(C) information regarding— tion 304(k) of such Act (as added by subsection on the ability to critically consume online polit- ‘‘(i) the average rate charged for the adver- (a)). ical content, including political advertising. tisement; (c) REPORTING.—Not later than 2 years after (3) Recommendations for improving voting-age ‘‘(ii) the name of the candidate to which the the date of the enactment of this Act, and bian- Americans’ ability to critically consume online advertisement refers and the office to which the nually thereafter, the Chairman of the Federal political content, including political advertising. candidate is seeking election, the election to Election Commission shall submit a report to (c) DEADLINE.—Not later than 270 days after which the advertisement refers, or the national Congress on— the date of enactment of this Act, the entity legislative issue to which the advertisement re- (1) matters relating to compliance with and conducting the study and report under sub- fers (as applicable); the enforcement of the requirements of section section (a) shall submit the report to the Com- ‘‘(iii) in the case of a request made by, or on 304(k) of the Federal Election Campaign Act of mission. behalf of, a candidate, the name of the can- 1971, as added by subsection (a); (d) SUBMISSION TO CONGRESS.—Not later than didate, the authorized committee of the can- (2) recommendations for any modifications to 30 days after receiving the report under sub- didate, and the treasurer of such committee; and such section to assist in carrying out its pur- section (c), the Commission shall submit the re- ‘‘(iv) in the case of any request not described poses; and port to the Committee on House Administration in clause (iii), the name of the person pur- (3) identifying ways to bring transparency of the House of Representatives and the Com- chasing the advertisement, the name and ad- and accountability to political advertisements mittee on Rules and Administration of the Sen- dress of a contact person for such person, and distributed online for free. ate, together with such comments on the report as the Commission considers appropriate. a list of the chief executive officers or members SEC. 4209. PREVENTING CONTRIBUTIONS, EX- (e) DEFINITION OF MEDIA LITERACY.—The of the executive committee or of the board of di- PENDITURES, INDEPENDENT EX- rectors of such person, and, if the person pur- PENDITURES, AND DISBURSEMENTS term ‘‘media literacy’’ means the ability to— chasing the advertisement is acting as the agent FOR ELECTIONEERING COMMUNICA- (1) access relevant and accurate information of a foreign principal under the Foreign Agents TIONS BY FOREIGN NATIONALS IN through media; Registration Act of 1938, as amended (22 U.S.C. THE FORM OF ONLINE ADVERTISING. (2) critically analyze media content and the 611 et seq.), a statement that the person is act- Section 319 of the Federal Election Campaign influences of media; ing as the agent of a foreign principal and the Act of 1971 (52 U.S.C. 30121), as amended by sec- (3) evaluate the comprehensiveness, relevance, identification of the foreign principal involved. tion 4101(b), is further amended by adding at credibility, authority, and accuracy of informa- ‘‘(3) ONLINE PLATFORM.—For purposes of this the end the following new subsection: tion; subsection, the term ‘online platform’ means ‘‘(d) RESPONSIBILITIES OF BROADCAST STA- (4) make educated decisions based on informa- any public-facing website, web application, or TIONS, PROVIDERS OF CABLE AND SATELLITE tion obtained from media and digital sources; (5) operate various forms of technology and digital application (including a social network, TELEVISION, AND ONLINE PLATFORMS.— digital tools; and ad network, or search engine) which— ‘‘(1) RESPONSIBILITIES DESCRIBED.—Each tele- (6) reflect on how the use of media and tech- ‘‘(A) sells qualified political advertisements; vision or radio broadcast station, provider of nology may affect private and public life. and cable or satellite television, or online platform ‘‘(B) has 50,000,000 or more unique monthly (as defined in section 304(k)(3)) shall make rea- SEC. 4211. REQUIRING ONLINE PLATFORMS TO United States visitors or users for a majority of sonable efforts to ensure that communications DISPLAY NOTICES IDENTIFYING SPONSORS OF POLITICAL ADVER- months during the preceding 12 months. described in section 318(a) and made available TISEMENTS AND TO ENSURE NO- ‘‘(4) QUALIFIED POLITICAL ADVERTISEMENT.— by such station, provider, or platform are not TICES CONTINUE TO BE PRESENT For purposes of this subsection, the term ‘quali- purchased by a foreign national, directly or in- WHEN ADVERTISEMENTS ARE fied political advertisement’ means any adver- directly. For purposes of the previous sentence, SHARED. tisement (including search engine marketing, a station, provider, or online platform shall not (a) REQUIREMENT.—Section 304 of the Federal display advertisements, video advertisements, be considered to have made reasonable efforts Election Campaign Act of 1971 (52 U.S.C. 30104), native advertisements, and sponsorships) that— under this paragraph in the case of the avail- as amended by section 4002 and section 4208(a), ‘‘(A) is made by or on behalf of a candidate; ability of a communication unless the station, is amended by adding at the end the following or provider, or online platform directly inquires new subsection:

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‘‘(l) ENSURING DISPLAY AND SHARING OF SPON- regulations issued by the Commission, is of such who, during the 12-month period ending on the SOR IDENTIFICATION IN ONLINE POLITICAL AD- short duration that including the Top Two date of the disbursement, provided the largest VERTISEMENTS.— Funders list in the communication would con- payments of any type in an aggregate amount ‘‘(1) REQUIREMENT.— An online platform dis- stitute a hardship to the person paying for the equal to or exceeding $10,000 to the person who playing a qualified political advertisement communication by requiring a disproportionate is paying for the communication and the shall— amount of the content of the communication to amount of the payments each such person pro- ‘‘(A) display with the advertisement a visible consist of the Top Two Funders list, the name of vided. If two or more people provided the fifth notice identifying the sponsor of the advertise- a website which contains the Top Two Funders largest of such payments, the person paying for ment (or, if it is not practical for the platform to list (if applicable). the communication shall select one of those per- display such a notice, a notice that the adver- ‘‘(2) DISCLOSURE STATEMENTS DESCRIBED.— sons to be included on the Top Five Funders tisement is sponsored by a person other than the ‘‘(A) INDIVIDUAL DISCLOSURE STATEMENTS.— list. platform); and The individual disclosure statement described in ‘‘(B) TOP TWO FUNDERS LIST.—The term ‘Top ‘‘(B) ensure that the notice will continue to be this subparagraph is the following: ‘I am Two Funders list’ means, with respect to a com- displayed if a viewer of the advertisement shares llllllll, and I approve this message.’, munication which is paid for in whole or in part the advertisement with others on that platform. with the blank filled in with the name of the ap- with a campaign-related disbursement (as de- ‘‘(2) DEFINITIONS.—In this subsection,— plicable individual. fined in section 324), a list of the persons who, ‘‘(A) the term ‘online platform’ has the mean- ‘‘(B) ORGANIZATIONAL DISCLOSURE STATE- during the 12-month period ending on the date ing given such term in subsection (k)(3); and MENTS.—The organizational disclosure state- of the disbursement, provided the largest and ‘‘(B) the term ‘qualified political advertise- ment described in this subparagraph is the fol- the second largest payments of any type in an ment’ has the meaning given such term in sub- lowing: ‘I am llllllll, the aggregate amount equal to or exceeding $10,000 section (k)(4).’’. llllllll of llllllll, and to the person who is paying for the communica- (b) EFFECTIVE DATE.—The amendment made llllllll approves this message.’, with— tion and the amount of the payments each such by subsection (a) shall apply with respect to ad- ‘‘(i) the first blank to be filled in with the person provided. If two or more persons pro- vertisements displayed on or after the 120-day name of the applicable individual; vided the second largest of such payments, the period which begins on the date of the enact- ‘‘(ii) the second blank to be filled in with the person paying for the communication shall se- ment of this Act. title of the applicable individual; and lect one of those persons to be included on the Subtitle D—Stand By Every Ad ‘‘(iii) the third and fourth blank each to be Top Two Funders list. filled in with the name of the organization or XCLUSION OF CERTAIN PAYMENTS SEC. 4301. SHORT TITLE. ‘‘(C) E .—For other person paying for the communication. purposes of subparagraphs (A) and (B), in de- This subtitle may be cited as the ‘‘Stand By ‘‘(3) METHOD OF CONVEYANCE OF STATE- termining the amount of payments made by a Every Ad Act’’. MENT.— person to a person paying for a communication, SEC. 4302. STAND BY EVERY AD. ‘‘(A) COMMUNICATIONS IN TEXT OR GRAPHIC there shall be excluded the following: (a) EXPANDED DISCLAIMER REQUIREMENTS FOR FORMAT.—In the case of a communication to ‘‘(i) Any amounts provided in the ordinary CERTAIN COMMUNICATIONS.—Section 318 of the which this subsection applies which is trans- course of any trade or business conducted by Federal Election Campaign Act of 1971 (52 mitted in a text or graphic format, the disclosure the person paying for the communication or in U.S.C. 30120), as amended by section 4207(b)(1), statements required under paragraph (1) shall the form of investments in the person paying for is further amended— appear in letters at least as large as the majority the communication. (1) by redesignating subsection (e) as sub- of the text in the communication. ‘‘(ii) Any payment which the person prohib- section (f); and ‘‘(B) COMMUNICATIONS TRANSMITTED IN AUDIO ited, in writing, from being used for campaign- (2) by inserting after subsection (d) the fol- FORMAT.—In the case of a communication to related disbursements, but only if the person lowing new subsection: which this subsection applies which is trans- paying for the communication agreed to follow ‘‘(e) EXPANDED DISCLAIMER REQUIREMENTS mitted in an audio format, the disclosure state- the prohibition and deposited the payment in an FOR COMMUNICATIONS NOT AUTHORIZED BY CAN- ments required under paragraph (1) shall be account which is segregated from any account DIDATES OR COMMITTEES.— made by audio by the applicable individual in a used to make campaign-related disbursements. ‘‘(1) IN GENERAL.—Except as provided in para- clear and conspicuous manner. ‘‘(6) SPECIAL RULES FOR CERTAIN COMMUNICA- graph (6), any communication described in ‘‘(C) COMMUNICATIONS TRANSMITTED IN VIDEO TIONS.— paragraph (3) of subsection (a) which is trans- FORMAT.—In the case of a communication to ‘‘(A) EXCEPTION FOR COMMUNICATIONS PAID mitted in an audio or video format (including an which this subsection applies which is trans- FOR BY POLITICAL PARTIES AND CERTAIN POLIT- Internet or digital communication), or which is mitted in a video format, the information re- ICAL COMMITTEES.—This subsection does not an Internet or digital communication trans- quired under paragraph (1)— apply to any communication to which sub- mitted in a text or graphic format, shall include, ‘‘(i) shall appear in writing at the end of the section (d)(2) applies. in addition to the requirements of paragraph (3) communication or in a crawl along the bottom ‘‘(B) TREATMENT OF VIDEO COMMUNICATIONS of subsection (a), the following: of the communication in a clear and con- LASTING 10 SECONDS OR LESS.—In the case of a ‘‘(A) The individual disclosure statement de- spicuous manner, with a reasonable degree of communication to which this subsection applies scribed in paragraph (2)(A) (if the person pay- color contrast between the background and the which is transmitted in a video format, or is an ing for the communication is an individual) or printed statement, for a period of at least 6 sec- Internet or digital communication which is the organizational disclosure statement de- onds; and transmitted in a text or graphic format, the com- scribed in paragraph (2)(B) (if the person pay- ‘‘(ii) shall also be conveyed by an unobscured, munication shall meet the following require- ing for the communication is not an individual). full-screen view of the applicable individual or ments: ‘‘(B) If the communication is transmitted in a by the applicable individual making the state- ‘‘(i) The communication shall include the in- video format, or is an Internet or digital commu- ment in voice-over accompanied by a clearly dividual disclosure statement described in para- nication which is transmitted in a text or graph- identifiable photograph or similar image of the graph (2)(A) (if the person paying for the com- ic format, and is paid for in whole or in part individual, except in the case of a Top Five munication is an individual) or the organiza- with a payment which is treated as a campaign- Funders list. tional disclosure statement described in para- related disbursement under section 324— ‘‘(4) APPLICABLE INDIVIDUAL DEFINED.—The graph (2)(B) (if the person paying for the com- ‘‘(i) the Top Five Funders list (if applicable); term ‘applicable individual’ means, with respect munication is not an individual). or to a communication to which this subsection ap- ‘‘(ii) The statement described in clause (i) ‘‘(ii) in the case of a communication which, as plies— shall appear in writing at the end of the commu- determined on the basis of criteria established in ‘‘(A) if the communication is paid for by an nication, or in a crawl along the bottom of the regulations issued by the Commission, is of such individual, the individual involved; communication, in a clear and conspicuous short duration that including the Top Five ‘‘(B) if the communication is paid for by a manner, with a reasonable degree of color con- Funders list in the communication would con- corporation, the chief executive officer of the trast between the background and the printed stitute a hardship to the person paying for the corporation (or, if the corporation does not have statement, for a period of at least 4 seconds. communication by requiring a disproportionate a chief executive officer, the highest ranking of- ‘‘(iii) The communication shall include, in a amount of the content of the communication to ficial of the corporation); clear and conspicuous manner, a website ad- consist of the Top Five Funders list, the name of ‘‘(C) if the communication is paid for by a dress with a landing page which will provide all a website which contains the Top Five Funders labor organization, the highest ranking officer of the information described in paragraph (1) list (if applicable) or, in the case of an Internet of the labor organization; and with respect to the communication. Such ad- or digital communication, a hyperlink to such ‘‘(D) if the communication is paid for by any dress shall appear for the full duration of the website. other person, the highest ranking official of communication. ‘‘(C) If the communication is transmitted in such person. ‘‘(iv) To the extent that the format in which an audio format and is paid for in whole or in ‘‘(5) TOP FIVE FUNDERS LIST AND TOP TWO the communication is made permits the use of a part with a payment which is treated as a cam- FUNDERS LIST DEFINED.— hyperlink, the communication shall include a paign-related disbursement under section 324— ‘‘(A) TOP FIVE FUNDERS LIST.—The term ‘Top hyperlink to the website address described in ‘‘(i) the Top Two Funders list (if applicable); Five Funders list’ means, with respect to a com- clause (iii).’’. or munication which is paid for in whole or in part (b) APPLICATION OF EXPANDED REQUIREMENTS ‘‘(ii) in the case of a communication which, as with a campaign-related disbursement (as de- TO PUBLIC COMMUNICATIONS CONSISTING OF determined on the basis of criteria established in fined in section 324), a list of the five persons CAMPAIGN-RELATED DISBURSEMENTS.—

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(1) IN GENERAL.—Section 318(a) of such Act or (3) of subsection (a) (other than a commu- tractor of such an organization and any indi- (52 U.S.C. 30120(a)) is amended by striking ‘‘for nication which is subject to subsection (e)) vidual who performs services on behalf of the the purpose of financing communications ex- which is a telephone call consisting in substan- organization, whether paid or unpaid. pressly advocating the election or defeat of a tial part of a prerecorded audio message shall ‘‘(D) The term ‘individual affiliated with a clearly identified candidate’’ and inserting ‘‘for include, in addition to the requirements of such political committee’ means, with respect to a po- a campaign-related disbursement, as defined in paragraph, the audio statement required under litical committee, an employee of the committee section 324, consisting of a public communica- subparagraph (A) of paragraph (1) or the audio as well as any independent contractor of the tion’’. statement required under paragraph (2) (which- committee and any individual who performs (2) CLARIFICATION OF EXEMPTION FROM INCLU- ever is applicable), except that the statement services on behalf of the committee, whether SION OF CANDIDATE DISCLAIMER STATEMENT IN shall be made at the beginning of the telephone paid or unpaid. FEDERAL JUDICIAL NOMINATION COMMUNICA- call.’’. ‘‘(E) The term ‘nonpublic campaign material’ TIONS.—Section 318(a)(3) of such Act (52 U.S.C. (2) COMMUNICATIONS SUBJECT TO EXPANDED means, with respect to a candidate or a political 30120(a)(3)) is amended by striking ‘‘shall state’’ DISCLAIMER REQUIREMENTS.—Section 318(e)(3) of committee, campaign material that is produced and inserting ‘‘shall (except in the case of a such Act (52 U.S.C. 30120(e)(3)), as added by by the candidate or the committee or produced Federal judicial nomination communication, as section 4302(a), is amended by adding at the end at the candidate or committee’s expense or re- defined in section 324(d)(2)) state’’. the following new subparagraph: quest which is not distributed or made available (c) EXCEPTION FOR COMMUNICATIONS PAID ‘‘(D) PRERECORDED TELEPHONE CALLS.—In the to the general public or otherwise in the public FOR BY POLITICAL PARTIES AND CERTAIN POLIT- case of a communication to which this sub- domain, including polling and focus group data ICAL COMMITTEES.—Section 318(d)(2) of such Act section applies which is a telephone call con- and opposition research, except that such term (52 U.S.C. 30120(d)(2)) is amended— sisting in substantial part of a prerecorded does not include material produced for purposes (1) in the heading, by striking ‘‘OTHERS’’ and audio message, the communication shall be con- of consultations relating solely to the can- inserting ‘‘CERTAIN POLITICAL COMMITTEES’’; sidered to be transmitted in an audio format.’’. (2) by striking ‘‘Any communication’’ and in- didate’s or committee’s position on a legislative SEC. 4304. NO EXPANSION OF PERSONS SUBJECT or policy matter.’’. serting ‘‘(A) Any communication’’; TO DISCLAIMER REQUIREMENTS ON (3) by inserting ‘‘which (except to the extent INTERNET COMMUNICATIONS. SEC. 4402. CLARIFICATION OF STANDARD FOR DE- provided in subparagraph (B)) is paid for by a TERMINING EXISTENCE OF COORDI- Nothing in this subtitle or the amendments NATION BETWEEN CAMPAIGNS AND political committee (including a political com- made by this subtitle may be construed to re- mittee of a political party) and’’ after ‘‘sub- OUTSIDE INTERESTS. quire any person who is not required under sec- Section 315(a) of the Federal Election Cam- section (a)’’; tion 318 of the Federal Election Campaign Act of (4) by striking ‘‘or other person’’ each place it paign Act of 1971 (52 U.S.C. 30116(a)) is amend- 1971 to include a disclaimer on communications ed by adding at the end the following new para- appears; and made by the person through the internet to in- (5) by adding at the end the following new graph: clude any disclaimer on any such communica- subparagraph: ‘‘(10) For purposes of paragraph (7), an ex- tions. ‘‘(B)(i) This paragraph does not apply to a penditure or disbursement may be considered to communication paid for in whole or in part dur- SEC. 4305. EFFECTIVE DATE. have been made in cooperation, consultation, or ing a calendar year with a campaign-related The amendments made by this subtitle shall concert with, or coordinated with, a person disbursement, but only if the covered organiza- apply with respect to communications made on without regard to whether or not the coopera- tion making the campaign-related disbursement or after January 1, 2022, and shall take effect tion, consultation, or coordination is carried out made campaign-related disbursements (as de- without regard to whether or not the Federal pursuant to agreement or formal collabora- fined in section 324) aggregating more than Election Commission has promulgated regula- tion.’’. tions to carry out such amendments. $10,000 during such calendar year. SEC. 4403. PROHIBITION ON PROVISION OF SUB- ‘‘(ii) For purposes of clause (i), in determining Subtitle E—Deterring Foreign Interference in STANTIAL ASSISTANCE RELATING the amount of campaign-related disbursements Elections TO CONTRIBUTION OR DONATION BY made by a covered organization during a year, PART 1—DETERRENCE UNDER FEDERAL FOREIGN NATIONALS. there shall be excluded the following: ELECTION CAMPAIGN ACT OF 1971 Section 319 of the Federal Election Campaign ‘‘(I) Any amounts received by the covered or- SEC. 4401. RESTRICTIONS ON EXCHANGE OF CAM- Act of 1971 (52 U.S.C. 30121), as amended by sec- ganization in the ordinary course of any trade tion 4101(a), section 4101(b), section 4209, and or business conducted by the covered organiza- PAIGN INFORMATION BETWEEN CAN- DIDATES AND FOREIGN POWERS. section 4401, is further amended— tion or in the form of investments in the covered Section 319 of the Federal Election Campaign (1) in subsection (a)— organization. ‘‘(II) Any amounts received by the covered or- Act of 1971 (52 U.S.C. 30121), as amended by sec- (A) by striking ‘‘or’’ at the end of paragraph ganization from a person who prohibited, in tion 4101(b) and section 4209, is further amended (2); writing, the organization from using such by adding at the end the following new sub- (B) by striking the period at the end of para- amounts for campaign-related disbursements, section: graph (3) and inserting ‘‘; or’’; and ‘‘(e) RESTRICTIONS ON EXCHANGE OF INFORMA- but only if the covered organization agreed to (C) by adding at the end the following: TION BETWEEN CANDIDATES AND FOREIGN POW- follow the prohibition and deposited the ‘‘(4) a person to knowingly provide substan- ERS.— amounts in an account which is segregated from tial assistance to another person in carrying out ‘‘(1) TREATMENT OF OFFER TO SHARE NON- any account used to make campaign-related dis- an activity described in paragraph (1), (2), or PUBLIC CAMPAIGN MATERIAL AS SOLICITATION OF bursements.’’. (3).’’; and CONTRIBUTION FROM FOREIGN NATIONAL.—If a (2) by adding at the end the following new SEC. 4303. DISCLAIMER REQUIREMENTS FOR candidate or an individual affiliated with the COMMUNICATIONS MADE THROUGH subsections: campaign of a candidate, or if a political com- PRERECORDED TELEPHONE CALLS. ‘‘(f) KNOWINGLY DESCRIBED.— mittee or an individual affiliated with a polit- (a) APPLICATION OF REQUIREMENTS.— ‘‘(1) IN GENERAL.—For purposes of subsection ical committee, provides or offers to provide non- (1) IN GENERAL.—Section 318(a) of the Federal (a)(4), the term ‘knowingly’ means actual public campaign material to a covered foreign Election Campaign Act of 1971 (52 U.S.C. knowledge, constructive knowledge, awareness national or to another person whom the can- 30120(a)), as amended by section 4205(c), is of pertinent facts that would lead a reasonable didate, committee, or individual knows or has amended by striking ‘‘public communication’’ person to conclude there is a substantial prob- reason to know will provide the material to a each place it appears and inserting the fol- ability, or awareness of pertinent facts that covered foreign national, the candidate, com- lowing: ‘‘public communication (including a would lead a reasonable person to conduct a mittee, or individual (as the case may be) shall telephone call consisting in substantial part of a reasonable inquiry to establish— be considered for purposes of this section to prerecorded audio message)’’. ‘‘(A) with respect to an activity described in (2) APPLICATION TO COMMUNICATIONS SUBJECT have solicited a contribution or donation de- subsection (a)(1), that the contribution, dona- TO EXPANDED DISCLAIMER REQUIREMENTS.—Sec- scribed in subsection (a)(1)(A) from a foreign tion, expenditure, independent expenditure, or tion 318(e)(1) of such Act (52 U.S.C. 30120(e)(1)), national. disbursement is from a foreign national; as added by section 4302(a), is amended in the ‘‘(2) DEFINITIONS.—In this subsection, the fol- matter preceding subparagraph (A) by striking lowing definitions apply: ‘‘(B) with respect to an activity described in ‘‘which is transmitted in an audio or video for- ‘‘(A) The term ‘candidate’ means an indi- subsection (a)(2), that the contribution or dona- mat’’ and inserting ‘‘which is transmitted in an vidual who seeks nomination for, or election to, tion solicited, accepted, or received is from a for- audio or video format or which consists of a any Federal, State, or local public office. eign national; and telephone call consisting in substantial part of a ‘‘(B) The term ‘covered foreign national’ has ‘‘(C) with respect to an activity described in prerecorded audio message’’. the meaning given such term in section subsection (a)(3), that the person directing, dic- (b) TREATMENT AS COMMUNICATION TRANS- 304(j)(3)(C). tating, controlling, or directly or indirectly par- MITTED IN AUDIO FORMAT.— ‘‘(C) The term ‘individual affiliated with a ticipating in the decisionmaking process is a for- (1) COMMUNICATIONS BY CANDIDATES OR AU- campaign’ means, with respect to a candidate, eign national. THORIZED PERSONS.—Section 318(d) of such Act an employee of any organization legally author- ‘‘(2) PERTINENT FACTS.—For purposes of para- (52 U.S.C. 30120(d)) is amended by adding at the ized under Federal, State, or local law to sup- graph (1), pertinent facts include, but are not end the following new paragraph: port the candidate’s campaign for nomination limited to, that the person making the contribu- ‘‘(3) PRERECORDED TELEPHONE CALLS.—Any for, or election to, any Federal, State, or local tion, donation, expenditure, independent ex- communication described in paragraph (1), (2), public office, as well as any independent con- penditure, or disbursement, or that the person

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00059 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H944 CONGRESSIONAL RECORD — HOUSE March 2, 2021 from whom the contribution or donation is solic- PART 3—PROHIBITING USE OF tion of this section may seek injunctive or other ited, accepted, or received, or that the person di- DEEPFAKES IN ELECTION CAMPAIGNS equitable relief prohibiting the distribution of recting, dictating, controlling, or directly or in- SEC. 4421. PROHIBITION ON DISTRIBUTION OF audio or visual media in violation of this sec- directly participating in the decisionmaking MATERIALLY DECEPTIVE AUDIO OR tion. An action under this paragraph shall be process— VISUAL MEDIA PRIOR TO ELECTION. entitled to precedence in accordance with the ‘‘(A) uses a foreign passport or passport num- (a) IN GENERAL.—Title III of the Federal Elec- Federal Rules of Civil Procedure. ber for identification purposes; tion Campaign Act of 1971 (52 U.S.C. 30101 et ‘‘(2) DAMAGES.—A candidate for elective office ‘‘(B) provides a foreign address; seq.) is amended by adding at the end the fol- whose voice or likeness appears in a materially ‘‘(C) uses a check or other written instrument lowing new section: deceptive audio or visual media distributed in drawn on a foreign bank, or by a wire transfer ‘‘SEC. 325. PROHIBITION ON DISTRIBUTION OF violation of this section may bring an action for from a foreign bank, in carrying out the activ- MATERIALLY DECEPTIVE MEDIA ity; or PRIOR TO ELECTION. general or special damages against the person, ‘‘(D) resides abroad. ‘‘(a) IN GENERAL.—Except as provided in sub- committee, or other entity that distributed the materially deceptive audio or visual media. The ‘‘(g) SUBSTANTIAL ASSISTANCE DEFINED.—As sections (b) and (c), a person, political com- used in this section, the term ‘substantial assist- mittee, or other entity shall not, within 60 days court may also award a prevailing party reason- ance’ means, with respect to an activity prohib- of an election for Federal office at which a can- able attorney’s fees and costs. This paragraph ited by paragraph (1), (2), or (3) of subsection didate for elective office will appear on the bal- shall not be construed to limit or preclude a (a), involvement with an intent to facilitate suc- lot, distribute, with actual malice, materially de- plaintiff from securing or recovering any other cessful completion of the activity.’’. ceptive audio or visual media of the candidate available remedy. with the intent to injure the candidate’s reputa- ‘‘(3) BURDEN OF PROOF.—In any civil action SEC. 4404. CLARIFICATION OF APPLICATION OF tion or to deceive a voter into voting for or FOREIGN MONEY BAN. alleging a violation of this section, the plaintiff against the candidate. LARIFICATION OF REATMENT OF ROVI (a) C T P - ‘‘(b) EXCEPTION.— shall bear the burden of establishing the viola- SION OF CERTAIN INFORMATION AS CONTRIBUTION ‘‘(1) REQUIRED LANGUAGE.—The prohibition in tion through clear and convincing evidence. OR DONATION OF A THING OF VALUE.—Section subsection (a) does not apply if the audio or vis- ‘‘(e) RULE OF CONSTRUCTION.—This section 319 of the Federal Election Campaign Act of ual media includes— shall not be construed to alter or negate any 1971 (52 U.S.C. 30121), as amended by section ‘‘(A) a disclosure stating: ‘‘This lllll has rights, obligations, or immunities of an inter- 4101(a), section 4101(b), section 4209, section been manipulated.’’; and active service provider under section 230 of title 4401, and section 4403, is amended by adding at ‘‘(B) filled in the blank in the disclosure 47, United States Code. the end the following new subsection: under subparagraph (A), the term ‘image’, ‘‘(h) CLARIFICATION OF TREATMENT OF PROVI- ‘video’, or ‘audio’, as most accurately describes ‘‘(f) MATERIALLY DECEPTIVE AUDIO OR VISUAL SION OF CERTAIN INFORMATION AS CONTRIBUTION the media. MEDIA DEFINED.—In this section, the term ‘ma- OR DONATION OF A THING OF VALUE.—For pur- ‘‘(2) VISUAL MEDIA.—For visual media, the terially deceptive audio or visual media’ means poses of this section, a ‘contribution or donation text of the disclosure shall appear in a size that an image or an audio or video recording of a of money or other thing of value’ includes the is easily readable by the average viewer and no candidate’s appearance, speech, or conduct that provision of opposition research, polling, or smaller than the largest font size of other text has been intentionally manipulated in a manner other non-public information relating to a can- appearing in the visual media. If the visual such that both of the following conditions are didate for election for a Federal, State, or local media does not include any other text, the dis- met: office for the purpose of influencing the elec- closure shall appear in a size that is easily read- ‘‘(1) The image or audio or video recording tion, regardless of whether such research, poll- able by the average viewer. For visual media would falsely appear to a reasonable person to ing, or information has monetary value, except that is video, the disclosure shall appear for the be authentic. that nothing in this subsection shall be con- duration of the video. strued to treat the mere provision of an opinion ‘‘(3) AUDIO-ONLY MEDIA.—If the media con- ‘‘(2) The image or audio or video recording about a candidate as a thing of value for pur- sists of audio only, the disclosure shall be read would cause a reasonable person to have a fun- poses of this section.’’. in a clearly spoken manner and in a pitch that damentally different understanding or impres- (b) CLARIFICATION OF APPLICATION OF FOR- can be easily heard by the average listener, at sion of the expressive content of the image or EIGN MONEY BAN TO ALL CONTRIBUTIONS AND the beginning of the audio, at the end of the audio or video recording than that person would DONATIONS OF THINGS OF VALUE AND TO ALL audio, and, if the audio is greater than 2 min- have if the person were hearing or seeing the SOLICITATIONS OF CONTRIBUTIONS AND DONA- utes in length, interspersed within the audio at unaltered, original version of the image or audio TIONS OF THINGS OF VALUE.—Section 319(a) of intervals of not greater than 2 minutes each. or video recording.’’. such Act (52 U.S.C. 30121(a)) is amended— ‘‘(c) INAPPLICABILITY TO CERTAIN ENTITIES.— (b) CRIMINAL PENALTIES.—Section 309(d)(1) of (1) in paragraph (1)(A), by striking ‘‘promise This section does not apply to the following: to make a contribution or donation’’ and insert- ‘‘(1) A radio or television broadcasting station, the Federal Election Campaign Act of 1971 (52 ing ‘‘promise to make such a contribution or do- including a cable or satellite television operator, U.S.C. 30109(d)(1)), as amended by section 4004, nation’’; programmer, or producer, that broadcasts mate- is further amended by adding at the end the fol- (2) in paragraph (1)(B), by striking ‘‘dona- rially deceptive audio or visual media prohibited lowing new subparagraph: tion’’ and inserting ‘‘donation of money or other by this section as part of a bona fide newscast, ‘‘(G) Any person who knowingly and willfully thing of value, or to make an express or implied news interview, news documentary, or on-the- commits a violation of section 325 shall be fined promise to make such a contribution or dona- spot coverage of bona fide news events, if the not more than $100,000, imprisoned not more tion,’’; and broadcast clearly acknowledges through content than 5 years, or both.’’. (3) by amending paragraph (2) to read as fol- or a disclosure, in a manner that can be easily (c) EFFECT ON DEFAMATION ACTION.—For pur- lows: heard or read by the average listener or viewer, poses of an action for defamation, a violation of ‘‘(2) a person to solicit, accept, or receive (di- that there are questions about the authenticity section 325 of the Federal Election Campaign rectly or indirectly) a contribution, donation, or of the materially deceptive audio or visual Act of 1971, as added by subsection (a), shall disbursement described in paragraph (1), or to media. constitute defamation per se. solicit, accept, or receive (directly or indirectly) ‘‘(2) A radio or television broadcasting station, including a cable or satellite television operator, an express or implied promise to make such a PART 4—ASSESSMENT OF EXEMPTION OF programmer, or producer, when it is paid to contribution or donation, from a foreign na- REGISTRATION REQUIREMENTS UNDER broadcast materially deceptive audio or visual tional.’’. FARA FOR REGISTERED LOBBYISTS media. PART 2—NOTIFYING STATES OF ‘‘(3) An internet website, or a regularly pub- DISINFORMATION CAMPAIGNS BY FOR- SEC. 4431. ASSESSMENT OF EXEMPTION OF REG- lished newspaper, magazine, or other periodical ISTRATION REQUIREMENTS UNDER EIGN NATIONALS of general circulation, including an internet or FARA FOR REGISTERED LOBBYISTS. SEC. 4411. NOTIFYING STATES OF electronic publication, that routinely carries Not later than 90 days after the date of the DISINFORMATION CAMPAIGNS BY news and commentary of general interest, and enactment of this Act, the Comptroller General FOREIGN NATIONALS. that publishes materially deceptive audio or vis- (a) REQUIRING DISCLOSURE.—If the Federal ual media prohibited by this section, if the pub- of the United States shall conduct and submit to Election Commission makes a determination that lication clearly states that the materially decep- Congress an assessment of the implications of a foreign national has initiated or has at- tive audio or visual media does not accurately the exemption provided under the Foreign tempted to initiate a disinformation campaign represent the speech or conduct of the can- Agents Registration Act of 1938, as amended (22 targeted at an election for public office held in didate. U.S.C. 611 et seq.) for agents of foreign prin- a State, the Commission shall notify the State ‘‘(4) Materially deceptive audio or visual cipals who are also registered lobbyists under involved of the determination not later than 30 media that constitutes satire or parody. the Lobbying Disclosure Act of 1995 (2 U.S.C. days after making the determination. ‘‘(d) CIVIL ACTION.— 1601 et seq.), and shall include in the assessment (b) DEFINITIONS.—In this section the term ‘‘(1) INJUNCTIVE OR OTHER EQUITABLE RE- an analysis of the extent to which revisions in ‘‘foreign national’’ has the meaning given such LIEF.—A candidate for elective office whose such Acts might mitigate the risk of foreign gov- term in section 319(b) of the Federal Election voice or likeness appears in a materially decep- ernment money influencing elections or political Campaign Act of 1971 (52 U.S.C. 30121(b)). tive audio or visual media distributed in viola- processes in the United States.

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Subtitle F—Secret Money Transparency ‘‘(c) DISBURSEMENT FOR A POLITICAL PURPOSE SEC. 4603. GOVERNANCE AND OPERATIONS OF CORPORATE PACS. SEC. 4501. REPEAL OF RESTRICTION OF USE OF DEFINED.— FUNDS BY INTERNAL REVENUE ‘‘(1) IN GENERAL.—For purposes of this sec- (a) ASSESSMENT OF GOVERNANCE.—Section 316 SERVICE TO BRING TRANSPARENCY tion, the term ‘disbursement for a political pur- of the Federal Election Campaign Act of 1971 (52 TO POLITICAL ACTIVITY OF CERTAIN pose’ means any of the following: U.S.C. 30118) is amended by adding at the end NONPROFIT ORGANIZATIONS. ‘‘(A) A disbursement for an independent ex- the following new subsection: Section 122 of the Financial Services and Gen- penditure, as defined in section 301(17) of the ‘‘(d) ASSESSMENT OF GOVERNANCE.—The Com- eral Government Appropriations Act, 2021 (divi- Federal Election Campaign Act of 1971 (52 mission shall, on an ongoing basis, collect infor- sion E of Public Law 116–260) is hereby re- U.S.C. 30101(17)). mation on the governance of the separate seg- pealed. ‘‘(B) A disbursement for an electioneering regated funds of corporations under this section, SEC. 4502. REPEAL OF REGULATIONS. communication, as defined in section 304(f) of using the most recent statements of organization The final regulations of the Department of the the Federal Election Campaign Act of 1971 (52 provided by such funds under section 303(a), in- Treasury relating to guidance under section U.S.C. 30104(f)). cluding information on the following: 6033 of the Internal Revenue Code of 1986 re- ‘‘(C) A disbursement for any public commu- ‘‘(1) The extent to which such funds have by- garding the reporting requirements of exempt or- nication, as defined in section 301(22) of the laws which govern their operations. ganizations (published at 85 Fed. Reg. 31959 Federal Election Campaign Act of 1971 (52 ‘‘(2) The extent to which those funds which (May 28, 2020)) shall have no force and effect. U.S.C. 30101(22))— have by-laws which govern their operations use Subtitle G—Shareholder Right-to-Know ‘‘(i) which expressly advocates the election or a board of directors to oversee the operation of SEC. 4601. REPEAL OF RESTRICTION ON USE OF defeat of a clearly identified candidate for elec- the fund. FUNDS BY SECURITIES AND EX- tion for Federal office, or is the functional ‘‘(3) The characteristics of those individuals CHANGE COMMISSION TO ENSURE equivalent of express advocacy because, when who serve on boards of directors which oversee SHAREHOLDERS OF CORPORATIONS taken as a whole, it can be interpreted by a rea- the operations of such funds, including the rela- HAVE KNOWLEDGE OF CORPORA- tion of such individuals to the corporation.’’. TION POLITICAL ACTIVITY. sonable person only as advocating the election or defeat of a candidate for election for Federal (b) ANALYSIS OF DONORS.— Section 631 of the Financial Services and Gen- (1) ANALYSIS.—The Federal Election Commis- eral Government Appropriations Act, 2021 (divi- office; or ‘‘(ii) which refers to a clearly identified can- sion shall conduct an analysis of the composi- sion E of Public Law 116–260) is hereby re- tion of the base of donors to separate segregated pealed. didate for election for Federal office and which promotes or supports a candidate for that office, funds of corporations under section 316 of the SEC. 4602. ASSESSMENT OF SHAREHOLDER PREF- or attacks or opposes a candidate for that office, Federal Election Campaign Act of 1971 (52 ERENCES FOR DISBURSEMENTS FOR U.S.C. 30118). POLITICAL PURPOSES. without regard to whether the communication (2) REPORT.—Not later than 180 days after the (a) ASSESSMENT REQUIRED.—The Securities expressly advocates a vote for or against a can- didate for that office. date of the enactment of this Act, the Commis- Exchange Act of 1934 (15 U.S.C. 78a et seq.) is sion shall submit to Congress a report on the ‘‘(D) Any other disbursement which is made amended by inserting after section 10D the fol- analysis conducted under paragraph (1), and for the purpose of influencing the outcome of an lowing: shall initiate the promulgation of a regulation election for a public office. ‘‘SEC. 10E. ASSESSMENT OF SHAREHOLDER PREF- to establish a new designation and classification ‘‘(E) Any transfer of funds to another person ERENCES FOR DISBURSEMENTS FOR of such separate segregated funds. POLITICAL PURPOSES. which is made with the intent that such person ‘‘(a) ASSESSMENT REQUIRED BEFORE MAKING A will use the funds to make a disbursement de- Subtitle H—Disclosure of Political Spending DISBURSEMENT FOR A POLITICAL PURPOSE.— scribed in subparagraphs (A) through (D), or by Government Contractors ‘‘(1) REQUIREMENT.—An issuer with an equity with the knowledge that the person will use the SEC. 4701. REPEAL OF RESTRICTION ON USE OF security listed on a national securities exchange funds to make such a disbursement. FUNDS TO REQUIRE DISCLOSURE OF may not make a disbursement for a political ‘‘(2) EXCEPTIONS.—The term ‘disbursement for POLITICAL SPENDING BY GOVERN- purpose unless— a political purpose’ does not include any of the MENT CONTRACTORS. ‘‘(A) the issuer has in place procedures to as- following: Section 735 of the Financial Services and Gen- sess the preferences of the shareholders of the ‘‘(A) Any disbursement made from a separate eral Government Appropriations Act, 2021 (divi- issuer with respect to making such disburse- segregated fund of the corporation under section sion E of Public Law 116–260) is hereby re- ments; and 316 of the Federal Election Campaign Act of pealed. ‘‘(B) such an assessment has been made with- 1971 (52 U.S.C. 30118). Subtitle I—Limitation and Disclosure Re- in the 1-year period ending on the date of such ‘‘(B) Any transfer of funds to another person quirements for Presidential Inaugural Com- disbursement. which is made in a commercial transaction in mittees ‘‘(2) TREATMENT OF ISSUERS WHOSE SHARE- the ordinary course of any trade or business SEC. 4801. SHORT TITLE. HOLDERS ARE PROHIBITED FROM EXPRESSING conducted by the corporation or in the form of This subtitle may be cited as the ‘‘Presidential PREFERENCES.—Notwithstanding paragraph (1), investments made by the corporation. an issuer described under such paragraph with Inaugural Committee Oversight Act’’. ‘‘(C) Any transfer of funds to another person SEC. 4802. LIMITATIONS AND DISCLOSURE OF procedures in place to assess the preferences of which is subject to a written prohibition against its shareholders with respect to making dis- CERTAIN DONATIONS TO, AND DIS- the use of the funds for a disbursement for a po- BURSEMENTS BY, INAUGURAL COM- bursements for political purposes shall not be litical purpose. MITTEES. subject to the requirements of such paragraph if ‘‘(d) OTHER DEFINITIONS.—In this section, (a) REQUIREMENTS FOR INAUGURAL COMMIT- a majority of the number of the outstanding eq- each of the terms ‘candidate’, ‘election’, ‘polit- TEES.—Title III of the Federal Election Cam- uity securities of the issuer are held by persons ical committee’, and ‘political party’ has the paign Act of 1971 (52 U.S.C. 30101 et seq.), as who are prohibited from expressing partisan or meaning given such term under section 301 of amended by section 4431, is amended by adding political preferences by law, contract, or the re- the Federal Election Campaign Act of 1971 (52 at the end the following new section: quirement to meet a fiduciary duty. U.S.C. 30101).’’. ‘‘(3) NO ASSESSMENT OF PREFERENCES OF FOR- ‘‘SEC. 326. INAUGURAL COMMITTEES. (b) CONFORMING AMENDMENT TO FEDERAL EIGN NATIONALS.—Notwithstanding paragraph ‘‘(a) PROHIBITED DONATIONS.— ELECTION CAMPAIGN ACT OF 1971 TO PROHIBIT (1), an issuer described in such paragraph shall ‘‘(1) IN GENERAL.—It shall be unlawful— DISBURSEMENTS BY CORPORATIONS FAILING TO not use the procedures described in such para- ‘‘(A) for an Inaugural Committee— ASSESS PREFERENCES.—Section 316 of the Fed- graph to assess the preferences of any share- ‘‘(i) to solicit, accept, or receive a donation eral Election Campaign Act of 1971 (52 U.S.C. holder who is a foreign national, as defined in from a person that is not an individual; or 30118) is amended by adding at the end the fol- section 319 of the Federal Election Campaign ‘‘(ii) to solicit, accept, or receive a donation lowing new subsection: Act of 1971 (52 U.S.C. 30121). from a foreign national; ‘‘(d) PROHIBITING DISBURSEMENTS BY COR- ‘‘(b) ASSESSMENT REQUIREMENTS.—The assess- ‘‘(B) for a person— ment described under subsection (a) shall as- PORATIONS FAILING TO ASSESS SHAREHOLDER ‘‘(i) to make a donation to an Inaugural Com- sess— PREFERENCES.— mittee in the name of another person, or to ‘‘(1) which types of disbursements for a polit- ‘‘(1) PROHIBITION.—It shall be unlawful for a knowingly authorize his or her name to be used ical purpose the shareholder believes the issuer corporation to make a disbursement for a polit- to effect such a donation; should make; ical purpose unless the corporation has in place ‘‘(ii) to knowingly accept a donation to an In- ‘‘(2) whether the shareholder believes that procedures to assess the preferences of its share- augural Committee made by a person in the such disbursements should be made in support holders with respect to making such disburse- name of another person; or of, or in opposition to, Republican, Democratic, ments, as provided in section 10E of the Securi- ‘‘(iii) to convert a donation to an Inaugural Independent, or other political party candidates ties Exchange Act of 1934. Committee to personal use as described in para- and political committees; ‘‘(2) DEFINITION.—In this section, the term graph (2); and ‘‘(3) whether the shareholder believes that ‘disbursement for a political purpose’ has the ‘‘(C) for a foreign national to, directly or indi- such disbursements should be made with respect meaning given such term in section 10E(c) of the rectly, make a donation, or make an express or to elections for Federal, State, or local office; Securities Exchange Act of 1934.’’. implied promise to make a donation, to an Inau- and (c) EFFECTIVE DATE.—The amendments made gural Committee. ‘‘(4) such other information as the Commission by this section shall apply with respect to dis- ‘‘(2) CONVERSION OF DONATION TO PERSONAL may specify, by rule. bursements made on or after December 31, 2021. USE.—For purposes of paragraph (1)(B)(iii), a

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00061 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H946 CONGRESSIONAL RECORD — HOUSE March 2, 2021 donation shall be considered to be converted to ‘‘(ii) the payment by any person of compensa- ‘‘Sec. 512. Qualifying requirements. personal use if any part of the donated amount tion for the personal services of another person ‘‘Sec. 513. Certification. is used to fulfill a commitment, obligation, or ex- which are rendered to the committee without ‘‘Subtitle C—Requirements for Candidates pense of a person that would exist irrespective charge for any purpose. Certified as Participating Candidates of the responsibilities of the Inaugural Com- ‘‘(B) The term ‘donation’ does not include the ‘‘Sec. 521. Contribution and expenditure re- mittee under chapter 5 of title 36, United States value of services provided without compensation quirements. Code. by any individual who volunteers on behalf of ‘‘Sec. 522. Administration of campaign. ‘‘(3) NO EFFECT ON DISBURSEMENT OF UNUSED the committee. ‘‘Sec. 523. Preventing unnecessary spending FUNDS TO NONPROFIT ORGANIZATIONS.—Nothing ‘‘(2) The term ‘foreign national’ has the mean- of public funds. in this subsection may be construed to prohibit ing given that term by section 319(b). ‘‘Sec. 524. Remitting unspent funds after an Inaugural Committee from disbursing unused ‘‘(3) The term ‘Inaugural Committee’ has the election. funds to an organization which is described in meaning given that term by section 501 of title ‘‘Subtitle D—Enhanced Match Support section 501(c)(3) of the Internal Revenue Code of 36, United States Code.’’. 1986 and is exempt from taxation under section (b) CONFIRMING AMENDMENT RELATED TO RE- ‘‘Sec. 531. Enhanced support for general 501(a) of such Code. PORTING REQUIREMENTS.—Section 304 of the election. ‘‘(b) LIMITATION ON DONATIONS.— Federal Election Campaign Act of 1971 (52 ‘‘Sec. 532. Eligibility. ‘‘(1) IN GENERAL.—It shall be unlawful for an U.S.C. 30104) is amended— ‘‘Sec. 533. Amount. individual to make donations to an Inaugural (1) by striking subsection (h); and ‘‘Sec. 534. Waiver of authority to retain Committee which, in the aggregate, exceed (2) by redesignating subsection (i) as sub- portion of unspent funds after $50,000. section (h). election. ‘‘(2) INDEXING.—At the beginning of each (c) CONFORMING AMENDMENT RELATED TO ‘‘Subtitle E—Administrative Provisions Presidential election year (beginning with 2028), STATUS OF COMMITTEE.—Section 510 of title 36, ‘‘Sec. 541. Freedom From Influence Fund. the amount described in paragraph (1) shall be United States Code, is amended to read as fol- ‘‘Sec. 542. Reviews and reports by Govern- increased by the cumulative percent difference lows: ment Accountability Office. determined in section 315(c)(1)(A) since the pre- ‘‘§ 510. Disclosure of and prohibition on cer- ‘‘Sec. 543. Administration by Commission. vious Presidential election year. If any amount tain donations ‘‘Sec. 544. Violations and penalties. after such increase is not a multiple of $1,000, ‘‘A committee shall not be considered to be the ‘‘Sec. 545. Appeals process. such amount shall be rounded to the nearest Inaugural Committee for purposes of this chap- ‘‘Sec. 546. Indexing of amounts. multiple of $1,000. ter unless the committee agrees to, and meets, ‘‘Sec. 547. Election cycle defined. ‘‘(c) DISCLOSURE OF CERTAIN DONATIONS AND the requirements of section 326 of the Federal Sec. 5112. Contributions and expenditures by DISBURSEMENTS.— Election Campaign Act of 1971.’’. multicandidate and political ‘‘(1) DONATIONS OVER $1,000.— (d) EFFECTIVE DATE.—The amendments made party committees on behalf of par- ‘‘(A) IN GENERAL.—An Inaugural Committee by this Act shall apply with respect to Inau- ticipating candidates. shall file with the Commission a report dis- gural Committees established under chapter 5 of Sec. 5113. Prohibiting use of contributions by closing any donation by an individual to the title 36, United States Code, for inaugurations participating candidates for pur- committee in an amount of $1,000 or more not held in 2025 and any succeeding year. poses other than campaign for later than 24 hours after the receipt of such do- election. nation. Subtitle J—Miscellaneous Provisions Sec. 5114. Assessments against fines and pen- ‘‘(B) CONTENTS OF REPORT.—A report filed SEC. 4901. EFFECTIVE DATES OF PROVISIONS. alties. under subparagraph (A) shall contain— Each provision of this title and each amend- ‘‘Sec. 3015. Special assessments for Freedom ‘‘(i) the amount of the donation; ment made by a provision of this title shall take From Influence Fund. ‘‘(ii) the date the donation is received; and effect on the effective date provided under this ‘‘Sec. 9706. Special assessments for Freedom ‘‘(iii) the name and address of the individual title for such provision or such amendment From Influence Fund. making the donation. without regard to whether or not the Federal ‘‘SUBCHAPTER D—SPECIAL ASSESSMENTS FOR INAL REPORT ‘‘(2) F .—Not later than the date Election Commission, the Attorney General, or FREEDOM FROM INFLUENCE FUND that is 90 days after the date of the Presidential any other person has promulgated regulations ‘‘Sec. 6761. Special assessments for Freedom inaugural ceremony, the Inaugural Committee to carry out such provision or such amendment. shall file with the Commission a report con- From Influence Fund. SEC. 4902. SEVERABILITY. Sec. 5115. Study and report on small dollar fi- taining the following information: If any provision of this title or amendment ‘‘(A) For each donation of money or anything nancing program. made by this title, or the application of a provi- Sec. 5116. Effective date. of value made to the committee in an aggregate sion or amendment to any person or cir- Subtitle C—Presidential Elections amount equal to or greater than $200— cumstance, is held to be unconstitutional, the ‘‘(i) the amount of the donation; remainder of this title and amendments made by Sec. 5200. Short title. ‘‘(ii) the date the donation is received; and this title, and the application of the provisions PART 1—PRIMARY ELECTIONS ‘‘(iii) the name and address of the individual and amendment to any person or circumstance, Sec. 5201. Increase in and modifications to making the donation. shall not be affected by the holding. ‘‘(B) The total amount of all disbursements, matching payments. Sec. 5202. Eligibility requirements for matching and all disbursements in the following cat- TITLE V—CAMPAIGN FINANCE payments. egories: EMPOWERMENT Sec. 5203. Repeal of expenditure limitations. ‘‘(i) Disbursements made to meet committee Subtitle A—Findings Relating to Citizens United Sec. 5204. Period of availability of matching operating expenses. Decision payments. ‘‘(ii) Repayment of all loans. Sec. 5001. Findings relating to Citizens United Sec. 5205. Examination and audits of matchable ‘‘(iii) Donation refunds and other offsets to decision. contributions. donations. Subtitle B—Congressional Elections Sec. 5206. Modification to limitation on con- ‘‘(iv) Any other disbursements. ‘‘(C) The name and address of each person— Sec. 5100. Short title. tributions for Presidential pri- mary candidates. ‘‘(i) to whom a disbursement in an aggregate PART 1—MY VOICE VOUCHER PILOT PROGRAM Sec. 5207. Use of Freedom From Influence Fund amount or value in excess of $200 is made by the Sec. 5101. Establishment of pilot program. committee to meet a committee operating ex- as source of payments. Sec. 5102. Voucher program described. ‘‘Sec. 9043. Use of Freedom From Influence pense, together with date, amount, and purpose Sec. 5103. Reports. Fund as source of payments. of such operating expense; Sec. 5104. Definitions. ‘‘(ii) who receives a loan repayment from the PART 2—GENERAL ELECTIONS PART 2—SMALL DOLLAR FINANCING OF committee, together with the date and amount Sec. 5211. Modification of eligibility require- CONGRESSIONAL ELECTION CAMPAIGNS of such loan repayment; ments for public financing. ‘‘(iii) who receives a donation refund or other Sec. 5111. Benefits and eligibility requirements Sec. 5212. Repeal of expenditure limitations and offset to donations from the committee, together for candidates. use of qualified campaign con- with the date and amount of such disbursement; ‘‘TITLE V—SMALL DOLLAR FINANCING OF tributions. and CONGRESSIONAL ELECTION CAMPAIGNS Sec. 5213. Matching payments and other modi- ‘‘(iv) to whom any other disbursement in an ‘‘Subtitle A—Benefits fications to payment amounts. aggregate amount or value in excess of $200 is Sec. 5214. Increase in limit on coordinated ‘‘Sec. 501. Benefits for participating can- made by the committee, together with the date party expenditures. didates. and amount of such disbursement. Sec. 5215. Establishment of uniform date for re- ‘‘Sec. 502. Procedures for making payments. ‘‘(d) DEFINITIONS.—For purposes of this sec- lease of payments. ‘‘Sec. 503. Use of funds. tion: Sec. 5216. Amounts in Presidential Election ‘‘Sec. 504. Qualified small dollar contribu- ‘‘(1)(A) The term ‘donation’ includes— Campaign Fund. tions described. ‘‘(i) any gift, subscription, loan, advance, or Sec. 5217. Use of general election payments for deposit of money or anything of value made by ‘‘Subtitle B—Eligibility and Certification general election legal and ac- any person to the committee; or ‘‘Sec. 511. Eligibility. counting compliance.

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00062 Fmt 7634 Sfmt 6343 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H947 Sec. 5218. Use of Freedom From Influence Fund the expense of the American people in elections wealthiest tend to have fundamentally different as source of payments. has seriously eroded over 100 years of congres- views than do average Americans when it comes ‘‘Sec. 9013. Use of Freedom From Influence sional action to promote fairness and protect to issues ranging from unemployment benefits to Fund as source of payments. elections from the toxic influence of money. the minimum wage to health care coverage. PART 3—EFFECTIVE DATE (6) In 1907, Congress passed the Tillman Act (14) At the same time millions of Americans Sec. 5221. Effective date. in response to the concentration of corporate have signed petitions, marched, called their power in the post-Civil War Gilded Age. The Act Members of Congress, written letters to the edi- Subtitle D—Personal Use Services as Authorized prohibited corporations from making contribu- tor, and otherwise demonstrated their public Campaign Expenditures tions in connection with Federal elections, aim- support for a constitutional amendment to over- Sec. 5301. Short title; findings; purpose. ing ‘‘not merely to prevent the subversion of the turn Citizens United that will allow Congress to Sec. 5302. Treatment of payments for child care integrity of the electoral process [but] * * * to reign in the outsized influence of unchecked and other personal use services as sustain the active, alert responsibility of the in- money in politics. Dozens of organizations, rep- authorized campaign expenditure. dividual citizen in a democracy for the wise con- resenting tens of millions of individuals, have Subtitle E—Empowering Small Dollar Donations duct of government’’. come together in a shared strategy of supporting Sec. 5401. Permitting political party committees (7) By 1910, Congress began passing disclosure such an amendment. to provide enhanced support for requirements and campaign expenditure limits, (15) In order to protect the integrity of democ- candidates through use of sepa- and dozens of States passed corrupt practices racy and the electoral process and to ensure po- rate small dollar accounts. Acts to prohibit corporate spending in elections. litical equality for all, the Constitution should Subtitle F—Severability States also enacted campaign spending limits, be amended so that Congress and the States may and some States limited the amount that people Sec. 5501. Severability. regulate and set limits on the raising and spend- could contribute to campaigns. ing of money to influence elections and may dis- Subtitle A—Findings Relating to Citizens (8) In 1947, the Taft-Hartley Act prohibited tinguish between natural persons and artificial United Decision corporations and unions from making campaign entities, like corporations, that are created by SEC. 5001. FINDINGS RELATING TO CITIZENS contributions or other expenditures to influence law, including by prohibiting such artificial en- UNITED DECISION. elections. In 1962, a Presidential commission on tities from spending money to influence elec- Congress finds the following: election spending recommended spending limits tions. (1) The American Republic was founded on and incentives to increase small contributions the principle that all people are created equal, from more people. Subtitle B—Congressional Elections with rights and responsibilities as citizens to (9) The Federal Election Campaign Act of 1971 SEC. 5100. SHORT TITLE. vote, be represented, speak, debate, and partici- (FECA), as amended in 1974, required disclosure This subtitle may be cited as the ‘‘Government pate in self-government on equal terms regard- of contributions and expenditures, imposed con- By the People Act of 2021’’. less of wealth. To secure these rights and re- tribution and expenditure limits for individuals PART 1—MY VOICE VOUCHER PILOT sponsibilities, our Constitution not only protects and groups, set spending limits for campaigns, PROGRAM the equal rights of all Americans but also pro- candidates, and groups, implemented a public vides checks and balances to prevent corruption funding system for Presidential campaigns, and SEC. 5101. ESTABLISHMENT OF PILOT PROGRAM. and prevent concentrated power and wealth created the Federal Election Commission to (a) ESTABLISHMENT.—The Federal Election from undermining effective self-government. oversee and enforce the new rules. Commission (hereafter in this part referred to as (2) The Founders designed the First Amend- (10) In the wake of Citizens United and other the ‘‘Commission’’) shall establish a pilot pro- ment to help prevent tyranny by ensuring that damaging Federal court decisions, Americans gram under which the Commission shall select 3 the people have the tools they need to ensure have witnessed an explosion of outside spending eligible States to operate a voucher pilot pro- self-government and to keep their elected leaders in elections. Outside spending increased more gram which is described in section 5102 during responsive to the public. The Amendment thus than 700 percent between the 2008 and 2020 the program operation period. guarantees the right of everyone to speak, to pe- Presidential election years. Spending by outside (b) ELIGIBILITY OF STATES.—A State is eligible tition the government for redress, to assemble to- groups nearly doubled again from 2016 to 2020 to be selected to operate a voucher pilot program gether, and for a free press. If only the wealthi- with super PACs, tax-exempt groups, and others under this part if, not later than 180 days after est individuals can participate meaningfully in spending more than $3,000,000,000. And as polit- the beginning of the program application period, our democracy, then these First Amendment ical entities adapt to a post-Citizens United, the State submits to the Commission an applica- principles become an illusion. post-McCutcheon landscape, these trends are tion containing— (3) Campaign finance laws promote these First getting worse, as evidenced by the record-setting (1) information and assurances that the State Amendment interests. They increase robust de- 2020 elections which cost more than will operate a voucher program which contains bate from diverse voices, enhance the respon- $14,000,000,000 in total. the elements described in section 5102(a); siveness of elected officeholders, and help pre- (11) Since the landmark Citizens United deci- (2) information and assurances that the State vent corruption. They do not censor anyone’s sion, 21 States and more than 800 municipalities, will establish fraud prevention mechanisms de- speech but simply ensure that no one’s speech is including large cities like New York, Los Ange- scribed in section 5102(b); drowned out. The Supreme Court has failed to les, Chicago, and Philadelphia, have gone on (3) information and assurances that the State recognize that these laws are essential, record supporting a constitutional amendment. will establish a commission to oversee and imple- proactive rules that help guarantee true demo- Transcending political leanings and geographic ment the program as described in section 5102(c); cratic self-government. location, voters in States and municipalities (4) information and assurances that the State (4) The Supreme Court’s decisions in Citizens across the country that have placed amendment will carry out a public information campaign as United v. Federal Election Commission, 558 U.S. questions on the ballot have routinely supported described in section 5102(d); 310 (2010) and McCutcheon v. FEC, 572 U.S. 185 these initiatives by considerably large margins. (5) information and assurances that the State (2014), as well as other court decisions, erro- (12) The Court has tied the hands of Congress will submit reports as required under section neously invalidated even-handed rules about and the States, severely restricting them from 5103; and the spending of money in local, State, and Fed- setting reasonable limits on campaign spending. (6) such other information and assurances as eral elections. These rules do not prevent any- For example, the Court has held that only the the Commission may require. one from speaking their mind, much less pick Government’s interest in preventing quid pro (c) SELECTION OF PARTICIPATING STATES.— winners and losers of political debates. Al- quo corruption, like bribery, or the appearance (1) IN GENERAL.—Not later than 1 year after though the Court has upheld other content-neu- of such corruption, can justify limits on cam- the beginning of the program application period, tral laws like these, it has failed to apply to paign contributions. More broadly, the Court the Commission shall select the 3 States which same logic to campaign finance laws. These has severely curtailed attempts to reduce the will operate voucher pilot programs under this flawed decisions have empowered large corpora- ability of the Nation’s wealthiest and most pow- part. tions, extremely wealthy individuals, and spe- erful to skew our democracy in their favor by (2) CRITERIA.—In selecting States for the oper- cial interests to dominate election spending, cor- buying outsized influence in our elections. Be- ation of the voucher pilot programs under this rupt our politics, and degrade our democracy cause this distortion of the Constitution has pre- part, the Commission shall apply such criteria through tidal waves of unlimited and anony- vented other critical regulation or reform of the and metrics as the Commission considers appro- mous spending. These decisions also stand in way we finance elections in America, a constitu- priate to determine the ability of a State to oper- contrast to a long history of efforts by Congress tional amendment is needed to achieve a democ- ate the program successfully, and shall attempt and the States to regulate money in politics to racy for all the people. to select States in a variety of geographic re- protect democracy, and they illustrate a trou- (13) The torrent of money flowing into our po- gions and with a variety of political party pref- bling deregulatory trend in campaign finance- litical system has a profound effect on the demo- erences. related court decisions. Additionally, an un- cratic process for everyday Americans, whose (3) NO SUPERMAJORITY REQUIRED FOR SELEC- known amount of foreign money continues to be voices and policy preferences are increasingly TION.—The selection of States by the Commis- spent in our political system as subsidiaries of being drowned out by those of wealthy special sion under this subsection shall require the ap- foreign-based corporations and hostile foreign interests. The more campaign cash from wealthy proval of only half of the Members of the Com- actors sometimes connected to nation-states special interests can flood our elections, the mission. work to influence our elections. more policies that favor those interests are re- (d) DUTIES OF STATES DURING PROGRAM PREP- (5) The Supreme Court’s misinterpretation of flected in the national political agenda. When it ARATION PERIOD.—During the program prepara- the Constitution to empower monied interests at comes to policy preferences, our Nation’s tion period, each State selected to operate a

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00063 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H948 CONGRESSIONAL RECORD — HOUSE March 2, 2021 voucher pilot program under this part shall take part for such period, the State shall reduce the the State shall submit a final report to the Com- such actions as may be necessary to ensure that amount of the voucher provided to each quali- mission analyzing the operation and effective- the State will be ready to operate the program fied individual by such pro rata amount as may ness of the program and including such other during the program operation period, and shall be necessary to ensure that the reasonable costs information as the Commission may require. complete such actions not later than 90 days be- incurred by the State in operating the program (c) REPORT BY COMMISSION.—Not later than fore the beginning of the program operation pe- will not exceed the amount paid to the State the end of the first election cycle which begins riod. with respect to such period. after the program operation period, the Commis- (e) TERMINATION.—Each voucher pilot pro- SEC. 5102. VOUCHER PROGRAM DESCRIBED. sion shall submit a report to Congress which gram under this part shall terminate as of the (a) GENERAL ELEMENTS OF PROGRAM.— summarizes and analyzes the results of the first day after the program operation period. (1) ELEMENTS DESCRIBED.—The elements of a voucher pilot program, and shall include in the (f) REIMBURSEMENT OF COSTS.— voucher pilot program operated by a State under report such recommendations as the Commission (1) REIMBURSEMENT.—Upon receiving the re- this part are as follows: considers appropriate regarding the expansion port submitted by a State under section 5103(a) (A) The State shall provide each qualified in- of the pilot program to all States and territories, with respect to an election cycle, the Commis- dividual upon the individual’s request with a along with such other recommendations and sion shall transmit a payment to the State in an voucher worth $25 to be known as a ‘‘My Voice other information as the Commission considers amount equal to the reasonable costs incurred Voucher’’ during the election cycle which will appropriate. by the State in operating the voucher pilot pro- be assigned a routing number and which at the SEC. 5104. DEFINITIONS. gram under this part during the cycle. option of the individual will be provided in ei- (a) ELECTION CYCLE.—In this part, the term (2) SOURCE OF FUNDS.—Payments to States ther paper or electronic form. ‘‘election cycle’’ means the period beginning on under the program shall be made using amounts (B) Using the routing number assigned to the the day after the date of the most recent regu- in the Freedom From Influence Fund under sec- My Voice Voucher, the individual may submit larly scheduled general election for Federal of- tion 541 of the Federal Election Campaign Act of the My Voice Voucher in either electronic or fice and ending on the date of the next regu- 1971 (as added by section 5111), hereafter re- paper form to qualified candidates for election larly scheduled general election for Federal of- ferred to as the ‘‘Fund’’. for the office of Representative in, or Delegate fice. (3) MANDATORY REDUCTION OF PAYMENTS IN or Resident Commissioner to, the Congress and (b) DEFINITIONS RELATING TO PERIODS.—In CASE OF INSUFFICIENT AMOUNTS IN FREEDOM allocate such portion of the value of the My this part, the following definitions apply: FROM INFLUENCE FUND.— Voice Voucher in increments of $5 as the indi- (1) PROGRAM APPLICATION PERIOD.—The term (A) ADVANCE AUDITS BY COMMISSION.—Not vidual may select to any such candidate. ‘‘program application period’’ means the first later than 90 days before the first day of each (C) If the candidate transmits the My Voice election cycle which begins after the date of the program operation period, the Commission Voucher to the Commission, the Commission enactment of this Act. shall— (2) PROGRAM PREPARATION PERIOD.—The term (i) audit the Fund to determine whether, after shall pay the candidate the portion of the value of the My Voice Voucher that the individual al- ‘‘program preparation period’’ means the first first making payments to participating can- election cycle which begins after the program didates under title V of the Federal Election located to the candidate, which shall be consid- ered a contribution by the individual to the can- application period. Campaign Act of 1971 (as added by section 5111), (3) PROGRAM OPERATION PERIOD.—The term didate for purposes of the Federal Election Cam- the amounts remaining in the Fund will be suf- ‘‘program operation period’’ means the first 2 paign Act of 1971. ficient to make payments to States under this election cycles which begin after the program (2) DESIGNATION OF QUALIFIED INDIVIDUALS.— part in the amounts provided under this sub- preparation period. For purposes of paragraph (1)(A), a ‘‘qualified section; and individual’’ with respect to a State means an in- PART 2—SMALL DOLLAR FINANCING OF (ii) submit a report to Congress describing the CONGRESSIONAL ELECTION CAMPAIGNS results of the audit. dividual— SEC. 5111. BENEFITS AND ELIGIBILITY REQUIRE- (B) REDUCTIONS IN AMOUNT OF PAYMENTS.— (A) who is a resident of the State; MENTS FOR CANDIDATES. (i) AUTOMATIC REDUCTION ON PRO RATA (B) who will be of voting age as of the date of The Federal Election Campaign Act of 1971 (52 BASIS.—If, on the basis of the audit described in the election for the candidate to whom the indi- U.S.C. 30101 et seq.) is amended by adding at subparagraph (A), the Commission determines vidual submits a My Voice Voucher; and the end the following: that the amount anticipated to be available in (C) who is not prohibited under Federal law the Fund with respect to an election cycle in- from making contributions to candidates for ‘‘TITLE V—SMALL DOLLAR FINANCING OF volved is not, or may not be, sufficient to make election for Federal office. CONGRESSIONAL ELECTION CAMPAIGNS payments to States under this part in the full (3) TREATMENT AS CONTRIBUTION TO CAN- ‘‘Subtitle A—Benefits DIDATE.—For purposes of the Federal Election amount provided under this subsection, the ‘‘SEC. 501. BENEFITS FOR PARTICIPATING CAN- Commission shall reduce each amount which Campaign Act of 1971, the submission of a My DIDATES. would otherwise be paid to a State under this Voice Voucher to a candidate by an individual ‘‘(a) IN GENERAL.—If a candidate for election subsection by such pro rata amount as may be shall be treated as a contribution to the can- to the office of Representative in, or Delegate or necessary to ensure that the aggregate amount didate by the individual in the amount of the Resident Commissioner to, the Congress is cer- of payments anticipated to be made with respect portion of the value of the Voucher that the in- tified as a participating candidate under this to the cycle will not exceed the amount antici- dividual allocated to the candidate. title with respect to an election for such office, pated to be available for such payments in the (b) FRAUD PREVENTION MECHANISM.—In addi- the candidate shall be entitled to payments as Fund with respect to such cycle. tion to the elements described in subsection (a), provided under this title. (ii) RESTORATION OF REDUCTIONS IN CASE OF a State operating a voucher pilot program under ‘‘(b) AMOUNT OF PAYMENT.—The amount of a AVAILABILITY OF SUFFICIENT FUNDS DURING this part shall permit an individual to revoke a payment made under this title shall be equal to ELECTION CYCLE.—If, after reducing the My Voice Voucher not later than 2 days after 600 percent of the amount of qualified small dol- amounts paid to States with respect to an elec- submitting the My Voice Voucher to a can- lar contributions received by the candidate since tion cycle under clause (i), the Commission de- didate. the most recent payment made to the candidate termines that there are sufficient amounts in the (c) OVERSIGHT COMMISSION.—In addition to under this title during the election cycle, with- Fund to restore the amount by which such pay- the elements described in subsection (a), a State out regard to whether or not the candidate re- ments were reduced (or any portion thereof), to operating a voucher pilot program under this ceived any of the contributions before, during, the extent that such amounts are available, the part shall establish a commission or designate or after the Small Dollar Democracy qualifying Commission may make a payment on a pro rata an existing entity to oversee and implement the period applicable to the candidate under section basis to each such State with respect to the cycle program in the State, except that no such com- 511(c). in the amount by which such State’s payments mission or entity may be comprised of elected of- ‘‘(c) LIMIT ON AGGREGATE AMOUNT OF PAY- were reduced under clause (i) (or any portion ficials. MENTS.—The aggregate amount of payments thereof, as the case may be). (d) PUBLIC INFORMATION CAMPAIGN.—In addi- made to a participating candidate with respect (iii) NO USE OF AMOUNTS FROM OTHER tion to the elements described in subsection (a), to an election cycle under this title may not ex- SOURCES.—In any case in which the Commission a State operating a voucher pilot program under ceed 50 percent of the average of the 20 greatest determines that there are insufficient moneys in this part shall carry out a public information amounts of disbursements made by the author- the Fund to make payments to States under this campaign to disseminate awareness of the pro- ized committees of any winning candidate for part, moneys shall not be made available from gram among qualified individuals. the office of Representative in, or Delegate or any other source for the purpose of making such SEC. 5103. REPORTS. Resident Commissioner to, the Congress during payments. (a) PRELIMINARY REPORT.—Not later than 6 the most recent election cycle, rounded to the (4) CAP ON AMOUNT OF PAYMENT.—The aggre- months after the first election cycle of the pro- nearest $100,000. gate amount of payments made to any State gram operation period, a State which operates a ‘‘SEC. 502. PROCEDURES FOR MAKING PAYMENTS. with respect to any program operation period voucher pilot program under this part shall sub- ‘‘(a) IN GENERAL.—The Commission shall may not exceed $10,000,000. If the State deter- mit a report to the Commission analyzing the make a payment under section 501 to a can- mines that the maximum payment amount under operation and effectiveness of the program dur- didate who is certified as a participating can- this paragraph with respect to the program op- ing the cycle and including such other informa- didate upon receipt from the candidate of a re- eration period involved is not, or may not be, tion as the Commission may require. quest for a payment which includes— sufficient to cover the reasonable costs incurred (b) FINAL REPORT.—Not later than 6 months ‘‘(1) a statement of the number and amount of by the State in operating the program under this after the end of the program operation period, qualified small dollar contributions received by

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00064 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H949 the candidate since the most recent payment and is not established by, controlled by, or af- tion 541 an amount equal to any payments re- made to the candidate under this title during filiated with a registered lobbyist under such ceived by the candidate under this title which the election cycle; Act, an agent of a registered lobbyist under such are attributable to the qualified small dollar ‘‘(2) a statement of the amount of the payment Act, or an organization which retains or em- contribution made by the individual involved. the candidate anticipates receiving with respect ploys a registered lobbyist under such Act; and ‘‘(3) NO EFFECT ON ABILITY TO MAKE MULTIPLE to the request; ‘‘(ii) a contribution is not ‘made at the re- CONTRIBUTIONS.—Nothing in this section may be ‘‘(3) a statement of the total amount of pay- quest, suggestion, or recommendation of another construed to prohibit an individual from making ments the candidate has received under this title person’ solely on the grounds that the contribu- multiple qualified small dollar contributions to as of the date of the statement; and tion is made in response to information provided any candidate or any number of candidates, so ‘‘(4) such other information and assurances as to the individual making the contribution by long as each contribution meets each of the re- the Commission may require. any person, so long as the candidate or author- quirements of paragraphs (1), (2), and (3) of ‘‘(b) RESTRICTIONS ON SUBMISSION OF RE- ized committee does not know the identity of the subsection (a). QUESTS.—A candidate may not submit a request person who provided the information to such in- ‘‘(d) NOTIFICATION REQUIREMENTS FOR CAN- under subsection (a) unless each of the fol- dividual. DIDATES.— lowing applies: ‘‘(3) The individual who makes the contribu- ‘‘(1) NOTIFICATION.—Each authorized com- ‘‘(1) The amount of the qualified small dollar tion does not make contributions to the can- mittee of a candidate who seeks to be a partici- contributions in the statement referred to in didate or the authorized committees of the can- pating candidate under this title shall provide subsection (a)(1) is equal to or greater than didate with respect to the election involved in the following information in any materials for $5,000, unless the request is submitted during the an aggregate amount that exceeds the amount the solicitation of contributions, including any 30-day period which ends on the date of a gen- described in paragraph (1)(B), or any contribu- internet site through which individuals may eral election. tion to the candidate or the authorized commit- make contributions to the committee: ‘‘(2) The candidate did not receive a payment tees of the candidate with respect to the election ‘‘(A) A statement that if the candidate is cer- under this title during the 7-day period which involved that otherwise is not a qualified small tified as a participating candidate under this ends on the date the candidate submits the re- dollar contribution. title, the candidate will receive matching pay- quest. ‘‘(b) TREATMENT OF MY VOICE VOUCHERS.— ments in an amount which is based on the total ‘‘(c) TIME OF PAYMENT.—The Commission Any payment received by a candidate and the amount of qualified small dollar contributions shall, in coordination with the Secretary of the authorized committees of a candidate which received. Treasury, take such steps as may be necessary consists of a My Voice Voucher under the Gov- ‘‘(B) A statement that a contribution which to ensure that the Secretary is able to make pay- ernment By the People Act of 2021 shall be con- meets the requirements set forth in subsection ments under this section from the Treasury not sidered a qualified small dollar contribution for (a) shall be treated as a qualified small dollar later than 2 business days after the receipt of a purposes of this title, so long as the individual contribution under this title. request submitted under subsection (a). making the payment meets the requirements of ‘‘(C) A statement that if a contribution is ‘‘SEC. 503. USE OF FUNDS. paragraphs (2) and (3) of subsection (a). treated as qualified small dollar contribution ‘‘(c) RESTRICTION ON SUBSEQUENT CONTRIBU- ‘‘(a) USE OF FUNDS FOR AUTHORIZED CAM- under this title, the individual who makes the TIONS.— PAIGN EXPENDITURES.—A candidate shall use contribution may not make any contribution to ‘‘(1) PROHIBITING DONOR FROM MAKING SUBSE- payments made under this title, including pay- the candidate or the authorized committees of QUENT NONQUALIFIED CONTRIBUTIONS DURING ments provided with respect to a previous elec- the candidate during the election cycle which is ELECTION CYCLE.— tion cycle which are withheld from remittance to not a qualified small dollar contribution. ‘‘(A) IN GENERAL.—An individual who makes ‘‘(2) ALTERNATIVE METHODS OF MEETING RE- the Commission in accordance with section a qualified small dollar contribution to a can- 524(a)(2), only for making direct payments for QUIREMENTS.—An authorized committee may didate or the authorized committees of a can- meet the requirements of paragraph (1)— the receipt of goods and services which con- didate with respect to an election may not make stitute authorized expenditures (as determined ‘‘(A) by including the information described in any subsequent contribution to such candidate paragraph (1) in the receipt provided under sec- in accordance with title III) in connection with or the authorized committees of such candidate the election cycle involved. tion 512(b)(3) to a person making a qualified with respect to the election cycle which is not a small dollar contribution; or ‘‘(b) PROHIBITING USE OF FUNDS FOR LEGAL qualified small dollar contribution. EXPENSES, FINES, OR PENALTIES.—Notwith- ‘‘(B) by modifying the information it provides ‘‘(B) EXCEPTION FOR CONTRIBUTIONS TO CAN- to persons making contributions which is other- standing title III, a candidate may not use pay- DIDATES WHO VOLUNTARILY WITHDRAW FROM ments made under this title for the payment of wise required under title III (including informa- PARTICIPATION DURING QUALIFYING PERIOD.— tion it provides through the internet). expenses incurred in connection with any ac- Subparagraph (A) does not apply with respect tion, claim, or other matter before the Commis- to a contribution made to a candidate who, dur- ‘‘Subtitle B—Eligibility and Certification sion or before any court, hearing officer, arbi- ing the Small Dollar Democracy qualifying pe- ‘‘SEC. 511. ELIGIBILITY. trator, or other dispute resolution entity, or for riod described in section 511(c), submits a state- ‘‘(a) IN GENERAL.—A candidate for the office the payment of any fine or civil monetary pen- ment to the Commission under section 513(c) to of Representative in, or Delegate or Resident alty. voluntarily withdraw from participating in the Commissioner to, the Congress is eligible to be ‘‘SEC. 504. QUALIFIED SMALL DOLLAR CONTRIBU- program under this title. certified as a participating candidate under this TIONS DESCRIBED. ‘‘(2) TREATMENT OF SUBSEQUENT NON- title with respect to an election if the candidate ‘‘(a) IN GENERAL.—In this title, the term QUALIFIED CONTRIBUTIONS.—If, notwithstanding meets the following requirements: ‘qualified small dollar contribution’ means, with the prohibition described in paragraph (1), an ‘‘(1) The candidate files with the Commission respect to a candidate and the authorized com- individual who makes a qualified small dollar a statement of intent to seek certification as a mittees of a candidate, a contribution that meets contribution to a candidate or the authorized participating candidate. the following requirements: committees of a candidate with respect to an ‘‘(2) The candidate meets the qualifying re- ‘‘(1) The contribution is in an amount that election makes a subsequent contribution to quirements of section 512. is— such candidate or the authorized committees of ‘‘(3) The candidate files with the Commission ‘‘(A) not less than $1; and such candidate with respect to the election a statement certifying that the authorized com- ‘‘(B) not more than $200. which is prohibited under paragraph (1) because mittees of the candidate meet the requirements ‘‘(2)(A) The contribution is made directly by it is not a qualified small dollar contribution, of section 504(d). an individual to the candidate or an authorized the candidate may take one of the following ac- ‘‘(4) Not later than the last day of the Small committee of the candidate and is not— tions: Dollar Democracy qualifying period, the can- ‘‘(i) forwarded from the individual making the ‘‘(A) Not later than 2 weeks after receiving the didate files with the Commission an affidavit contribution to the candidate or committee by contribution, the candidate may return the sub- signed by the candidate and the treasurer of the another person; or sequent contribution to the individual. In the candidate’s principal campaign committee de- ‘‘(ii) received by the candidate or committee case of a subsequent contribution which is not claring that the candidate— with the knowledge that the contribution was a qualified small dollar contribution because the ‘‘(A) has complied and, if certified, will com- made at the request, suggestion, or recommenda- contribution fails to meet the requirements of ply with the contribution and expenditure re- tion of another person. paragraph (3) of subsection (a) (relating to the quirements of section 521; ‘‘(B) In this paragraph— aggregate amount of contributions made to the ‘‘(B) if certified, will run only as a partici- ‘‘(i) the term ‘person’ does not include an in- candidate or the authorized committees of the pating candidate for all elections for the office dividual (other than an individual described in candidate by the individual making the con- that such candidate is seeking during that elec- section 304(i)(7) of the Federal Election Cam- tribution), the candidate may return an amount tion cycle; and paign Act of 1971), a political committee of a po- equal to the difference between the amount of ‘‘(C) has either qualified or will take steps to litical party, or any political committee which is the subsequent contribution and the amount de- qualify under State law to be on the ballot. not a separate segregated fund described in sec- scribed in paragraph (1)(B) of subsection (a). ‘‘(b) GENERAL ELECTION.—Notwithstanding tion 316(b) of the Federal Election Campaign ‘‘(B) The candidate may retain the subsequent subsection (a), a candidate shall not be eligible Act of 1971 and which does not make contribu- contribution, so long as not later than 2 weeks to be certified as a participating candidate tions or independent expenditures, does not en- after receiving the subsequent contribution, the under this title for a general election or a gen- gage in lobbying activity under the Lobbying candidate remits to the Commission for deposit eral runoff election unless the candidate’s party Disclosure Act of 1995 (2 U.S.C. 1601 et seq.), in the Freedom From Influence Fund under sec- nominated the candidate to be placed on the

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QUALIFYING REQUIREMENTS. tion cycle involved; and ‘‘(B) in the case of a candidate whose certifi- ‘‘(B) the funds are used only for making di- ‘‘(a) RECEIPT OF QUALIFIED SMALL DOLLAR rect payments for the receipt of goods and serv- CONTRIBUTIONS.—A candidate for the office of cation is revoked pursuant to subparagraph (A) or subparagraph (C) of paragraph (1)— ices which constitute authorized expenditures in Representative in, or Delegate or Resident Com- connection with the election cycle involved. missioner to, the Congress meets the requirement ‘‘(i) the candidate shall repay to the Freedom From Influence Fund established under section ‘‘(2) IMMEDIATE FAMILY MEMBER DEFINED.—In of this section if, during the Small Dollar De- this subsection, the term ‘immediate family mem- mocracy qualifying period described in section 541 an amount equal to the payments received under this title with respect to the election cycle ber’ means, with respect to a candidate— 511(c), each of the following occurs: ‘‘(A) the candidate’s spouse; ‘‘(1) Not fewer than 1,000 individuals make a involved plus interest (at a rate determined by ‘‘(B) a child, stepchild, parent, grandparent, qualified small dollar contribution to the can- the Commission on the basis of an appropriate brother, half-brother, sister, or half-sister of the didate. annual percentage rate for the month involved) candidate or the candidate’s spouse; and ‘‘(2) The candidate obtains a total dollar on any such amount received; and ‘‘(C) the spouse of any person described in amount of qualified small dollar contributions ‘‘(ii) the candidate may not be certified as a subparagraph (B). which is equal to or greater than $50,000. participating candidate under this title with re- ‘‘(c) EXCEPTIONS.— ‘‘(b) REQUIREMENTS RELATING TO RECEIPT OF spect to the next election cycle. ‘‘(1) EXCEPTION FOR CONTRIBUTIONS RECEIVED QUALIFIED SMALL DOLLAR CONTRIBUTION.— ‘‘(4) PROHIBITING PARTICIPATION IN FUTURE PRIOR TO FILING OF STATEMENT OF INTENT.—A Each qualified small dollar contribution— ELECTIONS FOR CANDIDATES WITH MULTIPLE REV- candidate who has accepted contributions that ‘‘(1) may be made by means of a personal OCATIONS.—If the Commission revokes the cer- are not described in subsection (a) is not in vio- check, money order, debit card, credit card, elec- tification of an individual as a participating lation of subsection (a), but only if all such con- tronic payment account, or any other method candidate under this title pursuant to subpara- tributions are— deemed appropriate by the Commission; graph (A) or subparagraph (C) of paragraph (1) ‘‘(A) returned to the contributor; ‘‘(2) shall be accompanied by a signed state- a total of 3 times, the individual may not be cer- ‘‘(B) submitted to the Commission for deposit ment (or, in the case of a contribution made on- tified as a participating candidate under this in the Freedom From Influence Fund estab- line or through other electronic means, an elec- title with respect to any subsequent election. lished under section 541; or tronic equivalent) containing the contributor’s ‘‘(c) VOLUNTARY WITHDRAWAL FROM PARTICI- ‘‘(C) spent in accordance with paragraph (2). ‘‘(2) EXCEPTION FOR EXPENDITURES MADE name and address; and PATING DURING QUALIFYING PERIOD.—At any PRIOR TO FILING OF STATEMENT OF INTENT.—If a ‘‘(3) shall be acknowledged by a receipt that is time during the Small Dollar Democracy quali- candidate has made expenditures prior to the sent to the contributor with a copy (in paper or fying period described in section 511(c), a can- date the candidate files a statement of intent electronic form) kept by the candidate for the didate may withdraw from participation in the under section 511(a)(1) that the candidate is Commission. program under this title by submitting to the prohibited from making under subsection (a) or ‘‘(c) VERIFICATION OF CONTRIBUTIONS.—The Commission a statement of withdrawal (without Commission shall establish procedures for the regard to whether or not the Commission has subsection (b), the candidate is not in violation auditing and verification of the contributions certified the candidate as a participating can- of such subsection if the aggregate amount of received and expenditures made by participating didate under this title as of the time the can- the prohibited expenditures is less than the candidates under this title, including procedures didate submits such statement), so long as the amount referred to in section 512(a)(2) (relating for random audits, to ensure that such contribu- candidate has not submitted a request for pay- to the total dollar amount of qualified small dol- tions and expenditures meet the requirements of ment under section 502. lar contributions which the candidate is re- this title. ‘‘(d) PARTICIPATING CANDIDATE DEFINED.—In quired to obtain) which is applicable to the can- this title, a ‘participating candidate’ means a didate. ‘‘SEC. 513. CERTIFICATION. candidate for the office of Representative in, or ‘‘(3) EXCEPTION FOR CAMPAIGN SURPLUSES ‘‘(a) DEADLINE AND NOTIFICATION.— Delegate or Resident Commissioner to, the Con- FROM A PREVIOUS ELECTION.—Notwithstanding ‘‘(1) IN GENERAL.—Not later than 5 business gress who is certified under this section as eligi- paragraph (1), unexpended contributions re- days after a candidate files an affidavit under ble to receive benefits under this title. ceived by the candidate or an authorized com- section 511(a)(4), the Commission shall— mittee of the candidate with respect to a pre- ‘‘Subtitle C—Requirements for Candidates ‘‘(A) determine whether or not the candidate vious election may be retained, but only if the Certified as Participating Candidates meets the requirements for certification as a par- candidate places the funds in escrow and re- ticipating candidate; ‘‘SEC. 521. CONTRIBUTION AND EXPENDITURE RE- frains from raising additional funds for or ‘‘(B) if the Commission determines that the QUIREMENTS. spending funds from that account during the candidate meets such requirements, certify the ‘‘(a) PERMITTED SOURCES OF CONTRIBUTIONS election cycle in which a candidate is a partici- candidate as a participating candidate; and AND EXPENDITURES.—Except as provided in sub- pating candidate. ‘‘(C) notify the candidate of the Commission’s section (c), a participating candidate with re- ‘‘(4) EXCEPTION FOR CONTRIBUTIONS RECEIVED determination. spect to an election shall, with respect to all BEFORE THE EFFECTIVE DATE OF THIS TITLE.— ‘‘(2) DEEMED CERTIFICATION FOR ALL ELEC- elections occurring during the election cycle for Contributions received and expenditures made TIONS IN ELECTION CYCLE.—If the Commission the office involved, accept no contributions from by the candidate or an authorized committee of certifies a candidate as a participating can- any source and make no expenditures from any the candidate prior to the effective date of this didate with respect to the first election of the amounts, other than the following: title shall not constitute a violation of sub- election cycle involved, the Commission shall be ‘‘(1) Qualified small dollar contributions. section (a) or (b). Unexpended contributions deemed to have certified the candidate as a par- ‘‘(2) Payments under this title. shall be treated the same as campaign surpluses ticipating candidate with respect to all subse- ‘‘(3) Contributions from political committees under paragraph (3), and expenditures made quent elections of the election cycle. established and maintained by a national or shall count against the limit in paragraph (2). ‘‘(b) REVOCATION OF CERTIFICATION.— State political party, subject to the applicable ‘‘(d) SPECIAL RULE FOR COORDINATED PARTY ‘‘(1) IN GENERAL.—The Commission shall re- limitations of section 315. EXPENDITURES.—For purposes of this section, a voke a certification under subsection (a) if— ‘‘(4) Subject to subsection (b), personal funds payment made by a political party in coordina- ‘‘(A) a candidate fails to qualify to appear on of the candidate or of any immediate family tion with a participating candidate shall not be the ballot at any time after the date of certifi- member of the candidate (other than funds re- treated as a contribution to or as an expenditure cation (other than a candidate certified as a ceived through qualified small dollar contribu- made by the participating candidate. participating candidate with respect to a pri- tions). ‘‘(e) PROHIBITION ON JOINT FUNDRAISING COM- mary election who fails to qualify to appear on ‘‘(5) Contributions from individuals who are MITTEES.— the ballot for a subsequent election in that elec- otherwise permitted to make contributions under ‘‘(1) PROHIBITION.—An authorized committee tion cycle); this Act, subject to the applicable limitations of of a candidate who is certified as a partici- ‘‘(B) a candidate ceases to be a candidate for section 315, except that the aggregate amount of pating candidate under this title with respect to the office involved, as determined on the basis of contributions a participating candidate may ac- an election may not establish a joint fund- an official announcement by an authorized cept from any individual with respect to any raising committee with a political committee committee of the candidate or on the basis of a election during the election cycle may not ex- other than another authorized committee of the reasonable determination by the Commission; or ceed $1,000. candidate.

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‘‘(2) STATUS OF EXISTING COMMITTEES FOR ‘‘SEC. 524. REMITTING UNSPENT FUNDS AFTER ‘‘SEC. 533. AMOUNT. PRIOR ELECTIONS.—If a candidate established a ELECTION. ‘‘(a) IN GENERAL.—Subject to subsection (b), joint fundraising committee described in para- ‘‘(a) REMITTANCE REQUIRED.—Not later than the amount of the additional payment made to graph (1) with respect to a prior election for the date that is 180 days after the last election an eligible candidate under this subtitle shall be which the candidate was not certified as a par- for which a candidate certified as a partici- an amount equal to 50 percent of— ticipating candidate under this title and the pating candidate qualifies to be on the ballot ‘‘(1) the amount of the payment made to the candidate does not terminate the committee, the during the election cycle involved, such partici- candidate under section 501(b) with respect to candidate shall not be considered to be in viola- pating candidate shall remit to the Commission the qualified small dollar contributions which tion of paragraph (1) so long as that joint fund- for deposit in the Freedom From Influence Fund are received by the candidate during the en- raising committee does not receive any contribu- established under section 541 an amount equal hanced support qualifying period (as included tions or make any disbursements during the to the balance of the payments received under in the request submitted by the candidate under election cycle for which the candidate is cer- this title by the authorized committees of the section 532(a)(4)); or tified as a participating candidate under this candidate which remain unexpended as of such ‘‘(2) in the case of a candidate who is not eli- title. date. gible to receive a payment under section 501(b) ‘‘(f) PROHIBITION ON LEADERSHIP PACS.— ‘‘(b) PERMITTING CANDIDATES PARTICIPATING with respect to such qualified small dollar con- ‘‘(1) PROHIBITION.—A candidate who is cer- IN NEXT ELECTION CYCLE TO RETAIN PORTION tributions because the candidate has reached tified as a participating candidate under this OF UNSPENT FUNDS.—Notwithstanding sub- the limit on the aggregate amount of payments title with respect to an election may not asso- section (a), a participating candidate may with- under subtitle A for the election cycle under sec- ciate with, establish, finance, maintain, or con- hold not more than $100,000 from the amount re- tion 501(c), the amount of the payment which trol a leadership PAC. quired to be remitted under subsection (a) if the would have been made to the candidate under ‘‘(2) STATUS OF EXISTING LEADERSHIP PACS.—If candidate files a signed affidavit with the Com- section 501(b) with respect to such qualified a candidate established, financed, maintained, mission that the candidate will seek certification small dollar contributions if the candidate had or controlled a leadership PAC prior to being as a participating candidate with respect to the not reached such limit. certified as a participating candidate under this next election cycle, except that the candidate ‘‘(b) LIMIT.—The amount of the additional title and the candidate does not terminate the may not use any portion of the amount with- payment determined under subsection (a) with leadership PAC, the candidate shall not be con- held until the candidate is certified as a partici- respect to a candidate may not exceed $500,000. sidered to be in violation of paragraph (1) so pating candidate with respect to that next elec- ‘‘(c) NO EFFECT ON AGGREGATE LIMIT.—The long as the leadership PAC does not receive any tion cycle. If the candidate fails to seek certifi- amount of the additional payment made to a contributions or make any disbursements during cation as a participating candidate prior to the candidate under this subtitle shall not be in- the election cycle for which the candidate is cer- last day of the Small Dollar Democracy quali- cluded in determining the aggregate amount of tified as a participating candidate under this fying period for the next election cycle (as de- payments made to a participating candidate title. scribed in section 511), or if the Commission no- with respect to an election cycle under section tifies the candidate of the Commission’s deter- ‘‘(3) LEADERSHIP PAC DEFINED.—In this sub- 501(c). section, the term ‘leadership PAC’ has the mination does not meet the requirements for cer- ‘‘SEC. 534. WAIVER OF AUTHORITY TO RETAIN meaning given such term in section 304(i)(8)(B). tification as a participating candidate with re- PORTION OF UNSPENT FUNDS spect to such cycle, the candidate shall imme- AFTER ELECTION. ‘‘SEC. 522. ADMINISTRATION OF CAMPAIGN. diately remit to the Commission the amount ‘‘Notwithstanding section 524(a)(2), a can- ‘‘(a) SEPARATE ACCOUNTING FOR VARIOUS withheld. didate who receives an additional payment PERMITTED CONTRIBUTIONS.—Each authorized ‘‘Subtitle D—Enhanced Match Support under this subtitle with respect to an election is committee of a candidate certified as a partici- not permitted to withhold any portion from the pating candidate under this title— ‘‘SEC. 531. ENHANCED SUPPORT FOR GENERAL ELECTION. amount of unspent funds the candidate is re- ‘‘(1) shall provide for separate accounting of quired to remit to the Commission under section ‘‘(a) AVAILABILITY OF ENHANCED SUPPORT.— each type of contribution described in section In addition to the payments made under subtitle 524(a)(1). 521(a) which is received by the committee; and A, the Commission shall make an additional ‘‘Subtitle E—Administrative Provisions ‘‘(2) shall provide for separate accounting for payment to an eligible candidate under this sub- the payments received under this title. ‘‘SEC. 541. FREEDOM FROM INFLUENCE FUND. title. ‘‘(a) ESTABLISHMENT.—There is established in ‘‘(b) ENHANCED DISCLOSURE OF INFORMATION ‘‘(b) USE OF FUNDS.—A candidate shall use the Treasury a fund to be known as the ‘Free- ON DONORS.— the additional payment under this subtitle only dom From Influence Fund’. ‘‘(1) MANDATORY IDENTIFICATION OF INDIVID- for authorized expenditures in connection with ‘‘(b) AMOUNTS HELD BY FUND.—The Fund UALS MAKING QUALIFIED SMALL DOLLAR CON- the election involved. shall consist of the following amounts: TRIBUTIONS.—Each authorized committee of a ‘‘SEC. 532. ELIGIBILITY. ‘‘(1) ASSESSMENTS AGAINST FINES, SETTLE- participating candidate under this title shall, in ‘‘(a) IN GENERAL.—A candidate is eligible to MENTS, AND PENALTIES.—Amounts transferred accordance with section 304(b)(3)(A), include in receive an additional payment under this sub- under section 3015 of title 18, United States the reports the committee submits under section title if the candidate meets each of the following Code, section 9706 of title 31, United States 304 the identification of each person who makes requirements: Code, and section 6761 of the Internal Revenue a qualified small dollar contribution to the com- ‘‘(1) The candidate is on the ballot for the Code of 1986. mittee. general election for the office the candidate ‘‘(2) DEPOSITS.—Amounts deposited into the ‘‘(2) MANDATORY DISCLOSURE THROUGH INTER- seeks. Fund under— NET.—Each authorized committee of a partici- ‘‘(2) The candidate is certified as a partici- ‘‘(A) section 521(c)(1)(B) (relating to excep- pating candidate under this title shall ensure pating candidate under this title with respect to tions to contribution requirements); that all information reported to the Commission the election. ‘‘(B) section 523 (relating to remittance of un- under this Act with respect to contributions and ‘‘(3) During the enhanced support qualifying used payments from the Fund); and expenditures of the committee is available to the period, the candidate receives qualified small ‘‘(C) section 544 (relating to violations). public on the internet (whether through a site dollar contributions in a total amount of not ‘‘(c) USE OF FUND TO MAKE PAYMENTS TO established for purposes of this subsection, a less than $50,000. PARTICIPATING CANDIDATES.— hyperlink on another public site of the com- ‘‘(4) During the enhanced support qualifying ‘‘(1) PAYMENTS TO PARTICIPATING CAN- mittee, or a hyperlink on a report filed electroni- period, the candidate submits to the Commission DIDATES.—Amounts in the Fund shall be avail- cally with the Commission) in a searchable, a request for the payment which includes— able without further appropriation or fiscal year sortable, and downloadable manner. ‘‘(A) a statement of the number and amount limitation to make payments to participating ‘‘SEC. 523. PREVENTING UNNECESSARY SPEND- of qualified small dollar contributions received candidates as provided in this title. ING OF PUBLIC FUNDS. by the candidate during the enhanced support ‘‘(2) MANDATORY REDUCTION OF PAYMENTS IN ‘‘(a) MANDATORY SPENDING OF AVAILABLE qualifying period; CASE OF INSUFFICIENT AMOUNTS IN FUND.— PRIVATE FUNDS.—An authorized committee of a ‘‘(B) a statement of the amount of the pay- ‘‘(A) ADVANCE AUDITS BY COMMISSION.—Not candidate certified as a participating candidate ment the candidate anticipates receiving with later than 90 days before the first day of each under this title may not make any expenditure respect to the request; and election cycle (beginning with the first election of any payments received under this title in any ‘‘(C) such other information and assurances cycle that begins after the date of the enactment amount unless the committee has made an ex- as the Commission may require. of this title), the Commission shall— penditure in an equivalent amount of funds re- ‘‘(5) After submitting a request for the addi- ‘‘(i) audit the Fund to determine whether the ceived by the committee which are described in tional payment under paragraph (4), the can- amounts in the Fund will be sufficient to make paragraphs (1), (3), (4), (5), and (6) of section didate does not submit any other application for payments to participating candidates in the 521(a). an additional payment under this subtitle. amounts provided in this title during such elec- ‘‘(b) LIMITATION.—Subsection (a) applies to ‘‘(b) ENHANCED SUPPORT QUALIFYING PERIOD tion cycle; and an authorized committee only to the extent that DESCRIBED.—In this subtitle, the term ‘en- ‘‘(ii) submit a report to Congress describing the funds referred to in such subsection are hanced support qualifying period’ means, with the results of the audit. available to the committee at the time the com- respect to a general election, the period which ‘‘(B) REDUCTIONS IN AMOUNT OF PAYMENTS.— mittee makes an expenditure of a payment re- begins 60 days before the date of the election ‘‘(i) AUTOMATIC REDUCTION ON PRO RATA ceived under this title. and ends 14 days before the date of the election. BASIS.—If, on the basis of the audit described in

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00067 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H952 CONGRESSIONAL RECORD — HOUSE March 2, 2021 subparagraph (A), the Commission determines need to assure adequate incentives for partici- candidate was not used as provided for in this that the amount anticipated to be available in pating, and fiscal responsibility, taking into title or that a participating candidate has vio- the Fund with respect to the election cycle in- consideration the number of primary and gen- lated any of the dates for remission of funds volved is not, or may not be, sufficient to satisfy eral election participating candidates, the elec- contained in this title, the Commission shall so the full entitlements of participating candidates toral performance of those candidates, program notify the candidate and the candidate shall to payments under this title for such election cost, and any other information the Comptroller pay to the Fund an amount equal to— cycle, the Commission shall reduce each amount General determines is appropriate. ‘‘(A) the amount of payments so used or not which would otherwise be paid to a partici- ‘‘(B) REVIEW OF PAYMENT LEVELS.—Whether remitted, as appropriate; and pating candidate under this title by such pro the totality of the amount of funds allowed to be ‘‘(B) interest on any such amounts (at a rate rata amount as may be necessary to ensure that raised by participating candidates (including determined by the Commission). the aggregate amount of payments anticipated through qualified small dollar contributions) ‘‘(2) OTHER ACTION NOT PRECLUDED.—Any ac- to be made with respect to the election cycle will and payments under this title are sufficient for tion by the Commission in accordance with this not exceed the amount anticipated to be avail- voters in each State to learn about the can- subsection shall not preclude enforcement pro- able for such payments in the Fund with respect didates to cast an informed vote, taking into ac- ceedings by the Commission in accordance with to such election cycle. count the historic amount of spending by win- section 309(a), including a referral by the Com- ‘‘(ii) RESTORATION OF REDUCTIONS IN CASE OF ning candidates, media costs, primary election mission to the Attorney General in the case of AVAILABILITY OF SUFFICIENT FUNDS DURING dates, and any other information the Comp- an apparent knowing and willful violation of ELECTION CYCLE.—If, after reducing the troller General determines is appropriate. this title. amounts paid to participating candidates with ‘‘(3) RECOMMENDATIONS FOR ADJUSTMENT OF ‘‘(c) PROHIBITING CERTAIN CANDIDATES FROM respect to an election cycle under clause (i), the AMOUNTS.—Based on the review conducted QUALIFYING AS PARTICIPATING CANDIDATES.— Commission determines that there are sufficient under subparagraph (A), the Comptroller Gen- ‘‘(1) CANDIDATES WITH MULTIPLE CIVIL PEN- amounts in the Fund to restore the amount by eral may recommend to Congress adjustments of ALTIES.—If the Commission assesses 3 or more which such payments were reduced (or any por- the following amounts: civil penalties under subsection (a) against a tion thereof), to the extent that such amounts ‘‘(A) The number and value of qualified small candidate (with respect to either a single elec- are available, the Commission may make a pay- dollar contributions a candidate is required to tion or multiple elections), the Commission may ment on a pro rata basis to each such partici- obtain under section 512(a) to be eligible for cer- refuse to certify the candidate as a participating pating candidate with respect to the election tification as a participating candidate. candidate under this title with respect to any cycle in the amount by which such candidate’s ‘‘(B) The maximum amount of payments a subsequent election, except that if each of the payments were reduced under clause (i) (or any candidate may receive under this title. penalties were assessed as the result of a know- portion thereof, as the case may be). ‘‘(b) REPORTS.—Not later than each June 1 ing and willful violation of any provision of this ‘‘(iii) NO USE OF AMOUNTS FROM OTHER which follows a regularly scheduled general Act, the candidate is not eligible to be certified SOURCES.—In any case in which the Commission election for Federal office for which payments as a participating candidate under this title determines that there are insufficient moneys in were made under this title, the Comptroller Gen- with respect to any subsequent election. the Fund to make payments to participating eral shall submit to the Committee on House Ad- ‘‘(2) CANDIDATES SUBJECT TO CRIMINAL PEN- candidates under this title, moneys shall not be ministration of the House of Representatives a ALTY.—A candidate is not eligible to be certified made available from any other source for the report— as a participating candidate under this title purpose of making such payments. ‘‘(1) containing an analysis of the review con- with respect to an election if a penalty has been ‘‘(d) USE OF FUND TO MAKE OTHER PAY- ducted under subsection (a), including a de- assessed against the candidate under section MENTS.—In addition to the use described in sub- tailed statement of Comptroller General’s find- 309(d) with respect to any previous election. section (d), amounts in the Fund shall be avail- ings, conclusions, and recommendations based ‘‘(d) IMPOSITION OF CRIMINAL PENALTIES.— able without further appropriation or fiscal year on such review, including any recommendations For criminal penalties for the failure of a par- limitation— for adjustments of amounts described in sub- ticipating candidate to comply with the require- ‘‘(1) to make payments to States under the My section (a)(3); and ments of this title, see section 309(d). ‘‘(2) documenting, evaluating, and making Voice Voucher Program under the Government ‘‘SEC. 545. APPEALS PROCESS. By the People Act of 2021, subject to reductions recommendations relating to the administrative implementation and enforcement of the provi- ‘‘(a) REVIEW OF ACTIONS.—Any action by the under section 5101(f)(3) of such Act; Commission in carrying out this title shall be ‘‘(2) to make payments to candidates under sions of this title. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— subject to review by the United States Court of chapter 95 of subtitle H of the Internal Revenue Appeals for the District of Columbia upon peti- Code of 1986, subject to reductions under section There are authorized to be appropriated such sums as are necessary to carry out the purposes tion filed in the Court not later than 30 days 9013(b) of such Code; and after the Commission takes the action for which ‘‘(3) to make payments to candidates under of this section. the review is sought. chapter 96 of subtitle H of the Internal Revenue ‘‘SEC. 543. ADMINISTRATION BY COMMISSION. ‘‘(b) PROCEDURES.—The provisions of chapter Code of 1986, subject to reductions under section ‘‘The Commission shall prescribe regulations to carry out the purposes of this title, including 7 of title 5, United States Code, apply to judicial 9043(b) of such Code. review under this section. ‘‘(e) EFFECTIVE DATE.—This section shall take regulations to establish procedures for— effect on the date of the enactment of this title. ‘‘(1) verifying the amount of qualified small ‘‘SEC. 546. INDEXING OF AMOUNTS. ‘‘(a) INDEXING.—In any calendar year after ‘‘SEC. 542. REVIEWS AND REPORTS BY GOVERN- dollar contributions with respect to a candidate; MENT ACCOUNTABILITY OFFICE. ‘‘(2) effectively and efficiently monitoring and 2026, section 315(c)(1)(B) shall apply to each ‘‘(a) REVIEW OF SMALL DOLLAR FINANCING.— enforcing the limits on the raising of qualified amount described in subsection (b) in the same ‘‘(1) IN GENERAL.—After each regularly sched- small dollar contributions; manner as such section applies to the limita- uled general election for Federal office, the ‘‘(3) effectively and efficiently monitoring and tions established under subsections (a)(1)(A), Comptroller General of the United States shall enforcing the limits on the use of personal funds (a)(1)(B), (a)(3), and (h) of such section, except conduct a comprehensive review of the Small by participating candidates; and that for purposes of applying such section to the Dollar financing program under this title, in- ‘‘(4) monitoring the use of allocations from the amounts described in subsection (b), the ‘base cluding— Freedom From Influence Fund established period’ shall be 2026. ‘‘(A) the maximum and minimum dollar under section 541 and matching contributions ‘‘(b) AMOUNTS DESCRIBED.—The amounts de- amounts of qualified small dollar contributions under this title through audits of not fewer than scribed in this subsection are as follows: under section 504; 1⁄10 (or, in the case of the first 3 election cycles ‘‘(1) The amount referred to in section ‘‘(B) the number and value of qualified small during which the program under this title is in 502(b)(1) (relating to the minimum amount of dollar contributions a candidate is required to effect, not fewer than 1⁄3) of all participating qualified small dollar contributions included in obtain under section 512(a) to be eligible for cer- candidates or other mechanisms. a request for payment). tification as a participating candidate; ‘‘SEC. 544. VIOLATIONS AND PENALTIES. ‘‘(2) The amounts referred to in section ‘‘(C) the maximum amount of payments a can- ‘‘(a) CIVIL PENALTY FOR VIOLATION OF CON- 504(a)(1) (relating to the amount of a qualified didate may receive under this title; TRIBUTION AND EXPENDITURE REQUIREMENTS.— small dollar contribution). ‘‘(D) the overall satisfaction of participating If a candidate who has been certified as a par- ‘‘(3) The amount referred to in section candidates and the American public with the ticipating candidate accepts a contribution or 512(a)(2) (relating to the total dollar amount of program; and makes an expenditure that is prohibited under qualified small dollar contributions). ‘‘(E) such other matters relating to financing section 521, the Commission may assess a civil ‘‘(4) The amount referred to in section of campaigns as the Comptroller General deter- penalty against the candidate in an amount 521(a)(5) (relating to the aggregate amount of mines are appropriate. that is not more than 3 times the amount of the contributions a participating candidate may ac- ‘‘(2) CRITERIA FOR REVIEW.—In conducting contribution or expenditure. Any amounts col- cept from any individual with respect to an elec- the review under subparagraph (A), the Comp- lected under this subsection shall be deposited tion). troller General shall consider the following: into the Freedom From Influence Fund estab- ‘‘(5) The amount referred to in section ‘‘(A) QUALIFIED SMALL DOLLAR CONTRIBU- lished under section 541. 521(b)(1)(A) (relating to the amount of personal TIONS.—Whether the number and dollar ‘‘(b) REPAYMENT FOR IMPROPER USE OF FREE- funds that may be used by a candidate who is amounts of qualified small dollar contributions DOM FROM INFLUENCE FUND.— certified as a participating candidate). required strikes an appropriate balance regard- ‘‘(1) IN GENERAL.—If the Commission deter- ‘‘(6) The amounts referred to in section ing the importance of voter involvement, the mines that any payment made to a participating 524(a)(2) (relating to the amount of unspent

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00068 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H953 funds a candidate may retain for use in the next (2), (3), or (4) of subsection (a), if a candidate agreement or consent decree with any person, election cycle). for election for the office of Representative in, other than a natural person who is not a cor- ‘‘(7) The amount referred to in section or Delegate or Resident Commissioner to, the porate officer or person with equivalent author- 532(a)(3) (relating to the total dollar amount of Congress is certified as a participating can- ity in any other organization, in satisfaction of qualified small dollar contributions for a can- didate under title V with respect to the election, any allegation of an action or omission by the didate seeking an additional payment under any contribution which the candidate is per- person which would be subject to a civil penalty subtitle D). mitted to accept under such title may be used or administrative penalty shall assess on such ‘‘(8) The amount referred to in section 533(b) only for authorized expenditures in connection person an amount equal to 4.75 percent of the (relating to the limit on the amount of an addi- with the candidate’s campaign for such office, amount of the settlement. tional payment made to a candidate under sub- subject to section 503(b).’’. ‘‘(b) MANNER OF COLLECTION.—An amount as- title D). SEC. 5114. ASSESSMENTS AGAINST FINES AND sessed under subsection (a) shall be collected— ‘‘SEC. 547. ELECTION CYCLE DEFINED. PENALTIES. ‘‘(1) in the case of an amount assessed under ‘‘In this title, the term ‘election cycle’ means, (a) ASSESSMENTS RELATING TO CRIMINAL OF- paragraph (1) of such subsection, in the manner with respect to an election for an office, the pe- FENSES.— in which civil penalties are collected by the enti- riod beginning on the day after the date of the (1) IN GENERAL.—Chapter 201 of title 18, ty of the Federal Government involved; most recent general election for that office (or, United States Code, is amended by adding at the ‘‘(2) in the case of an amount assessed under if the general election resulted in a runoff elec- end the following new section: paragraph (2) of such subsection, in the manner tion, the date of the runoff election) and ending in which administrative penalties are collected ‘‘§ 3015. Special assessments for Freedom by the entity of the Federal Government in- on the date of the next general election for that From Influence Fund office (or, if the general election resulted in a volved; and ‘‘(a) ASSESSMENTS.— runoff election, the date of the runoff elec- ‘‘(3) in the case of an amount assessed under ‘‘(1) CONVICTIONS OF CRIMES.—In addition to tion).’’. paragraph (3) of such subsection, in the manner any assessment imposed under this chapter, the in which amounts are collected pursuant to set- SEC. 5112. CONTRIBUTIONS AND EXPENDITURES court shall assess on any organizational defend- tlement agreements or consent decrees entered BY MULTICANDIDATE AND POLIT- ant or any defendant who is a corporate officer ICAL PARTY COMMITTEES ON BE- into by the entity of the Federal Government in- HALF OF PARTICIPATING CAN- or person with equivalent authority in any volved. DIDATES. other organization who is convicted of a crimi- ‘‘(c) TRANSFERS.—In a manner consistent with (a) AUTHORIZING CONTRIBUTIONS ONLY FROM nal offense under Federal law an amount equal section 3302(b) of this title, there shall be trans- SEPARATE ACCOUNTS CONSISTING OF QUALIFIED to 4.75 percent of any fine imposed on that de- ferred from the General Fund of the Treasury to SMALL DOLLAR CONTRIBUTIONS.—Section 315(a) fendant in the sentence imposed for that convic- the Freedom From Influence Fund under section of the Federal Election Campaign Act of 1971 (52 tion. 541 of the Federal Election Campaign Act of U.S.C. 30116(a)) is amended by adding at the ‘‘(2) SETTLEMENTS.—The court shall assess on 1971 an amount equal to the amount of the as- end the following new paragraph: any organizational defendant or defendant who sessments collected under this section. ‘‘(10) In the case of a multicandidate political is a corporate officer or person with equivalent ‘‘(d) EXCEPTION FOR PENALTIES AND SETTLE- committee or any political committee of a polit- authority in any other organization who has MENTS UNDER AUTHORITY OF THE INTERNAL ical party, the committee may make a contribu- entered into a settlement agreement or consent REVENUE CODE OF 1986.— tion to a candidate who is a participating can- decree with the United States in satisfaction of ‘‘(1) IN GENERAL.—No assessment shall be didate under title V with respect to an election any allegation that the defendant committed a made under subsection (a) with respect to any only if the contribution is paid from a separate, criminal offense under Federal law an amount civil or administrative penalty imposed, or any segregated account of the committee which con- equal to 4.75 percent of the amount of the settle- settlement agreement or consent decree entered sists solely of contributions which meet the fol- ment. into, under the authority of the Internal Rev- lowing requirements: ‘‘(b) MANNER OF COLLECTION.—An amount as- enue Code of 1986. ‘‘(A) Each such contribution is in an amount sessed under subsection (a) shall be collected in ‘‘(2) CROSS REFERENCE.—For application of which meets the requirements for the amount of the manner in which fines are collected in crimi- special assessments for the Freedom From Influ- a qualified small dollar contribution under sec- nal cases. ence Fund with respect to certain penalties tion 504(a)(1) with respect to the election in- ‘‘(c) TRANSFERS.—In a manner consistent with under the Internal Revenue Code of 1986, see volved. section 3302(b) of title 31, there shall be trans- section 6761 of the Internal Revenue Code of ‘‘(B) Each such contribution is made by an in- ferred from the General Fund of the Treasury to 1986.’’. dividual who is not otherwise prohibited from the Freedom From Influence Fund under section (2) CLERICAL AMENDMENT.—The table of sec- making a contribution under this Act. 541 of the Federal Election Campaign Act of tions of chapter 97 of title 31, United States ‘‘(C) The individual who makes the contribu- 1971 an amount equal to the amount of the as- Code, is amended by adding at the end the fol- tion does not make contributions to the com- sessments collected under this section.’’. lowing: mittee during the year in an aggregate amount (2) CLERICAL AMENDMENT.—The table of sec- ‘‘9706. Special assessments for Freedom From In- that exceeds the limit described in section tions of chapter 201 of title 18, United States fluence Fund.’’. 504(a)(1).’’. Code, is amended by adding at the end the fol- (c) ASSESSMENTS RELATING TO CERTAIN PEN- (b) PERMITTING UNLIMITED COORDINATED EX- lowing: ALTIES UNDER THE INTERNAL REVENUE CODE OF PENDITURES FROM SMALL DOLLAR SOURCES BY ‘‘3015. Special assessments for Freedom From In- 1986.— POLITICAL PARTIES.—Section 315(d) of such Act fluence Fund.’’. (1) IN GENERAL.—Chapter 68 of the Internal Revenue Code of 1986 is amended by adding at (52 U.S.C. 30116(d)) is amended— (b) ASSESSMENTS RELATING TO CIVIL PEN- the end the following new subchapter: (1) in paragraph (3), by striking ‘‘The na- ALTIES.— tional committee’’ and inserting ‘‘Except as pro- (1) IN GENERAL.—Chapter 97 of title 31, United ‘‘Subchapter D—Special Assessments for vided in paragraph (6), the national com- States Code, is amended by adding at the end Freedom From Influence Fund mittee’’; and the following new section: ‘‘SEC. 6761. SPECIAL ASSESSMENTS FOR FREE- (2) by adding at the end the following new ‘‘§ 9706. Special assessments for Freedom DOM FROM INFLUENCE FUND. paragraph: From Influence Fund ‘‘(a) IN GENERAL.—Each person required to ‘‘(6) The limits described in paragraph (3) do pay a covered penalty shall pay an additional not apply in the case of expenditures in connec- ‘‘(a) ASSESSMENTS.— amount equal to 4.75 percent of the amount of tion with the general election campaign of a ‘‘(1) CIVIL PENALTIES.—Any entity of the Fed- such penalty. candidate for the office of Representative in, or eral Government which is authorized under any ‘‘(b) COVERED PENALTY.—For purposes of this Delegate or Resident Commissioner to, the Con- law, rule, or regulation to impose a civil penalty section, the term ‘covered penalty’ means any gress who is a participating candidate under shall assess on each person, other than a nat- addition to tax, additional amount, penalty, or title V with respect to the election, but only if— ural person who is not a corporate officer or other liability provided under subchapter A or ‘‘(A) the expenditures are paid from a sepa- person with equivalent authority in any other B. rate, segregated account of the committee which organization, on whom such a penalty is im- ‘‘(c) EXCEPTION FOR CERTAIN INDIVIDUALS.— is described in subsection (a)(10); and posed an amount equal to 4.75 percent of the ‘‘(1) IN GENERAL.—In the case of a taxpayer ‘‘(B) the expenditures are the sole source of amount of the penalty. who is an individual, subsection (a) shall not funding provided by the committee to the can- ‘‘(2) ADMINISTRATIVE PENALTIES.—Any entity apply to any covered penalty if such taxpayer is didate.’’. of the Federal Government which is authorized an exempt taxpayer for the taxable year for SEC. 5113. PROHIBITING USE OF CONTRIBUTIONS under any law, rule, or regulation to impose an which such covered penalty is assessed. BY PARTICIPATING CANDIDATES administrative penalty shall assess on each per- ‘‘(2) EXEMPT TAXPAYER.—For purposes of this FOR PURPOSES OTHER THAN CAM- son, other than a natural person who is not a subsection, a taxpayer is an exempt taxpayer for PAIGN FOR ELECTION. corporate officer or person with equivalent au- any taxable year if the taxable income of such Section 313 of the Federal Election Campaign thority in any other organization, on whom taxpayer for such taxable year does not exceed Act of 1971 (52 U.S.C. 30114) is amended by add- such a penalty is imposed an amount equal to the dollar amount at which begins the highest ing at the end the following new subsection: 4.75 percent of the amount of the penalty. rate bracket in effect under section 1 with re- ‘‘(d) RESTRICTIONS ON PERMITTED USES OF ‘‘(3) SETTLEMENTS.—Any entity of the Federal spect to such taxpayer for such taxable year. FUNDS BY CANDIDATES RECEIVING SMALL DOL- Government which is authorized under any law, ‘‘(d) APPLICATION OF CERTAIN RULES.—Except LAR FINANCING.—Notwithstanding paragraph rule, or regulation to enter into a settlement as provided in subsection (e), the additional

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00069 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H954 CONGRESSIONAL RECORD — HOUSE March 2, 2021 amount determined under subsection (a) shall be amount equal to 600 percent of the amount of (A) Section 9032(4) of such Code is amended treated for purposes of this title in the same each matchable contribution (disregarding any by striking ‘‘section 9034(a)’’ and inserting ‘‘sec- manner as the covered penalty to which such amount of contributions from any person to the tion 9034’’. additional amount relates. extent that the total of the amounts contributed (B) Section 9033(b)(3) of such Code is amended ‘‘(e) TRANSFER TO FREEDOM FROM INFLUENCE by such person for the election exceeds $200)’’; by striking ‘‘matching contributions’’ and in- FUND.—The Secretary shall deposit any addi- and serting ‘‘matchable contributions’’. tional amount under subsection (a) in the Gen- (B) by striking ‘‘authorized committees’’ and (b) MODIFICATION OF PAYMENT LIMITATION.— eral Fund of the Treasury and shall transfer all that follows through ‘‘$250’’ and inserting Section 9034(b) of such Code is amended— from such General Fund to the Freedom From ‘‘authorized committees’’. (1) by striking ‘‘The total’’ and inserting the Influence Fund established under section 541 of (2) MATCHABLE CONTRIBUTIONS.—Section 9034 following: the Federal Election Campaign Act of 1971 an of such Code is amended— ‘‘(1) IN GENERAL.—The total’’; amount equal to the amounts so deposited (and, (A) by striking the last sentence of subsection (2) by striking ‘‘shall not exceed’’ and all that notwithstanding subsection (d), such additional (a); and follows and inserting ‘‘shall not exceed amount shall not be the basis for any deposit, (B) by adding at the end the following new $250,000,000.’’; and transfer, credit, appropriation, or any other subsection: (3) by adding at the end the following new payment, to any other trust fund or account). ‘‘(c) MATCHABLE CONTRIBUTION DEFINED.— paragraph: Rules similar to the rules of section 9601 shall For purposes of this section and section ‘‘(2) INFLATION ADJUSTMENT.— apply for purposes of this subsection.’’. 9033(b)— ‘‘(A) IN GENERAL.—In the case of any applica- (2) CLERICAL AMENDMENT.—The table of sub- ‘‘(1) MATCHABLE CONTRIBUTION.—The term ble period beginning after 2029, the dollar chapters for chapter 68 of such Code is amended ‘matchable contribution’ means, with respect to amount in paragraph (1) shall be increased by by adding at the end the following new item: the nomination for election to the office of an amount equal to— ‘‘SUBCHAPTER D—SPECIAL ASSESSMENTS FOR President of the United States, a contribution by ‘‘(i) such dollar amount, multiplied by ‘‘(ii) the cost-of-living adjustment determined FREEDOM FROM INFLUENCE FUND’’. an individual to a candidate or an authorized committee of a candidate with respect to which under section 1(f)(3) for the calendar year fol- (d) EFFECTIVE DATES.— the candidate has certified in writing that— lowing the year which such applicable period (1) IN GENERAL.—Except as provided in para- ‘‘(A) the individual making such contribution begins, determined by substituting ‘calendar graph (2), the amendments made by this section has not made aggregate contributions (including year 2028’ for ‘calendar year 1992’ in subpara- shall apply with respect to convictions, agree- such matchable contribution) to such candidate graph (B) thereof. ments, and penalties which occur on or after the and the authorized committees of such can- ‘‘(B) APPLICABLE PERIOD.—For purposes of date of the enactment of this Act. didate in excess of $1,000 for the election; this paragraph, the term ‘applicable period’ (2) ASSESSMENTS RELATING TO CERTAIN PEN- ‘‘(B) such candidate and the authorized com- means the 4-year period beginning with the first ALTIES UNDER THE INTERNAL REVENUE CODE OF mittees of such candidate will not accept con- day following the date of the general election 1986.—The amendments made by subsection (c) for the office of President and ending on the shall apply to covered penalties assessed after tributions from such individual (including such date of the next such general election. the date of the enactment of this Act. matchable contribution) aggregating more than the amount described in subparagraph (A); and ‘‘(C) ROUNDING.—If any amount as adjusted SEC. 5115. STUDY AND REPORT ON SMALL DOL- ‘‘(C) such contribution was a direct contribu- under subparagraph (1) is not a multiple of LAR FINANCING PROGRAM. tion. $10,000, such amount shall be rounded to the (a) STUDY AND REPORT.—Not later than 2 ‘‘(2) CONTRIBUTION.—For purposes of this sub- nearest multiple of $10,000.’’. years after the completion of the first election section, the term ‘contribution’ means a gift of cycle in which the program established under SEC. 5202. ELIGIBILITY REQUIREMENTS FOR money made by a written instrument which MATCHING PAYMENTS. title V of the Federal Election Campaign Act of identifies the individual making the contribu- 1971, as added by section 5111, is in effect, the (a) AMOUNT OF AGGREGATE CONTRIBUTIONS tion by full name and mailing address, but does Federal Election Commission shall— PER STATE; DISREGARDING OF AMOUNTS CON- (1) assess— not include a subscription, loan, advance, or de- TRIBUTED IN EXCESS OF $200.—Section 9033(b)(3) (A) the amount of payment referred to in sec- posit of money, or anything of value or any- of the Internal Revenue Code of 1986 is amend- tion 501 of such Act; and thing described in subparagraph (B), (C), or (D) ed— (B) the amount of a qualified small dollar of section 9032(4). (1) by striking ‘‘$5,000’’ and inserting contribution referred to in section 504(a)(1) of ‘‘(3) DIRECT CONTRIBUTION.— ‘‘$25,000’’; and such Act; and ‘‘(A) IN GENERAL.—For purposes of this sub- (2) by striking ‘‘20 States’’ and inserting the (2) submit to Congress a report that discusses section, the term ‘direct contribution’ means, following: ‘‘20 States (disregarding any amount whether such amounts are sufficient to meet the with respect to a candidate, a contribution of contributions from any such resident to the goals of the program. which is made directly by an individual to the extent that the total of the amounts contributed (b) UPDATE.—The Commission shall update candidate or an authorized committee of the by such resident for the election exceeds $200)’’. and revise the study and report required by sub- candidate and is not— (b) CONTRIBUTION LIMIT.— section (a) on a biennial basis. ‘‘(i) forwarded from the individual making the (1) IN GENERAL.—Paragraph (4) of section (c) TERMINATION.—The requirements of this contribution to the candidate or committee by 9033(b) of such Code is amended to read as fol- section shall terminate ten years after the date another person; or lows: on which the first study and report required by ‘‘(ii) received by the candidate or committee ‘‘(4) the candidate and the authorized commit- subsection (a) is submitted to Congress. with the knowledge that the contribution was tees of the candidate will not accept aggregate SEC. 5116. EFFECTIVE DATE. made at the request, suggestion, or recommenda- contributions from any person with respect to (a) IN GENERAL.—Except as may otherwise be tion of another person. the nomination for election to the office of provided in this part and in the amendments ‘‘(B) OTHER DEFINITIONS.—In subparagraph President of the United States in excess of $1,000 made by this part, this part and the amend- (A)— for the election.’’. ments made by this part shall apply with respect ‘‘(i) the term ‘person’ does not include an in- (2) CONFORMING AMENDMENTS.— to elections occurring during 2028 or any suc- dividual (other than an individual described in (A) Section 9033(b) of such Code is amended ceeding year, without regard to whether or not section 304(i)(7) of the Federal Election Cam- by adding at the end the following new flush the Federal Election Commission has promul- paign Act of 1971), a political committee of a po- sentence: gated the final regulations necessary to carry litical party, or any political committee which is ‘‘For purposes of paragraph (4), the term ‘con- out this part and the amendments made by this not a separate segregated fund described in sec- tribution’ has the meaning given such term in part by the deadline set forth in subsection (b). tion 316(b) of the Federal Election Campaign section 301(8) of the Federal Election Campaign (b) DEADLINE FOR REGULATIONS.—Not later Act of 1971 and which does not make contribu- Act of 1971.’’. than June 30, 2026, the Federal Election Com- tions or independent expenditures, does not en- (B) Section 9032(4) of such Code, as amended mission shall promulgate such regulations as gage in lobbying activity under the Lobbying by section 5201(a)(3)(A), is amended by striking may be necessary to carry out this part and the Disclosure Act of 1995 (2 U.S.C. 1601 et seq.), ‘‘section 9034’’ and inserting ‘‘section 9033(b) or amendments made by this part. and is not established by, controlled by, or af- 9034’’. filiated with a registered lobbyist under such (c) PARTICIPATION IN SYSTEM FOR PAYMENTS Subtitle C—Presidential Elections Act, an agent of a registered lobbyist under such FOR GENERAL ELECTION.—Section 9033(b) of SEC. 5200. SHORT TITLE. Act, or an organization which retains or em- such Code is amended— This subtitle may be cited as the ‘‘Empower ploys a registered lobbyist under such Act; and (1) by striking ‘‘and’’ at the end of paragraph Act of 2021’’. ‘‘(ii) a contribution is not ‘made at the re- (3); PART 1—PRIMARY ELECTIONS quest, suggestion, or recommendation of another (2) by striking the period at the end of para- SEC. 5201. INCREASE IN AND MODIFICATIONS TO person’ solely on the grounds that the contribu- graph (4) and inserting ‘‘, and’’; and MATCHING PAYMENTS. tion is made in response to information provided (3) by inserting after paragraph (4) the fol- (a) INCREASE AND MODIFICATION.— to the individual making the contribution by lowing new paragraph: (1) IN GENERAL.—The first sentence of section any person, so long as the candidate or author- ‘‘(5) if the candidate is nominated by a polit- 9034(a) of the Internal Revenue Code of 1986 is ized committee does not know the identity of the ical party for election to the office of President, amended— person who provided the information to such in- the candidate will apply for and accept pay- (A) by striking ‘‘an amount equal to the dividual.’’. ments with respect to the general election for amount of each contribution’’ and inserting ‘‘an (3) CONFORMING AMENDMENTS.— such office in accordance with chapter 95.’’.

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(d) PROHIBITION ON JOINT FUNDRAISING COM- candidates under title V of the Federal Election ‘‘(B) agree to keep and furnish to the Commis- MITTEES.—Section 9033(b) of such Code, as Campaign Act of 1971 and then making pay- sion such records, books, and other information amended by subsection (c), is amended— ments to States under the My Voice Voucher as it may request, and (1) by striking ‘‘and’’ at the end of paragraph Program under the Government By the People ‘‘(C) agree to an audit and examination by (4); Act of 2021, the amounts remaining in the Fund the Commission under section 9007 and to pay (2) by striking the period at the end of para- will be sufficient to make payments to can- any amounts required to be paid under such sec- graph (5) and inserting ‘‘; and’’; and didates under this chapter in the amounts pro- tion. (3) by inserting after paragraph (5) the fol- vided under this chapter during such election ‘‘(3) PROHIBITION ON JOINT FUNDRAISING COM- lowing new paragraph: cycle; and MITTEES.— ‘‘(6) the candidate will not establish a joint ‘‘(B) submit a report to Congress describing ‘‘(A) PROHIBITION.—The candidates certifies fundraising committee with a political committee the results of the audit. in writing that the candidates will not establish other than another authorized committee of the ‘‘(2) REDUCTIONS IN AMOUNT OF PAYMENTS.— a joint fundraising committee with a political candidate, except that candidate established a ‘‘(A) AUTOMATIC REDUCTION ON PRO RATA committee other than another authorized com- joint fundraising committee with respect to a BASIS.—If, on the basis of the audit described in mittee of the candidate. prior election for which the candidate was not paragraph (1), the Commission determines that ‘‘(B) STATUS OF EXISTING COMMITTEES FOR eligible to receive payments under section 9037 the amount anticipated to be available in the PRIOR ELECTIONS.—If a candidate established a and the candidate does not terminate the com- Fund with respect to the Presidential election joint fundraising committee described in sub- mittee, the candidate shall not be considered to cycle involved is not, or may not be, sufficient to paragraph (A) with respect to a prior election be in violation of this paragraph so long as that satisfy the full entitlements of candidates to for which the candidate was not eligible to re- joint fundraising committee does not receive any payments under this chapter for such cycle, the ceive payments under section 9006 and the can- contributions or make any disbursements during Commission shall reduce each amount which didate does not terminate the committee, the the election cycle for which the candidate is eli- would otherwise be paid to a candidate under candidate shall not be considered to be in viola- gible to receive payments under such section.’’. this chapter by such pro rata amount as may be tion of subparagraph (A) so long as that joint SEC. 5203. REPEAL OF EXPENDITURE LIMITA- necessary to ensure that the aggregate amount fundraising committee does not receive any con- TIONS. of payments anticipated to be made with respect tributions or make any disbursements with re- (a) IN GENERAL.—Subsection (a) of section to the cycle will not exceed the amount antici- spect to the election for which the candidate is 9035 of the Internal Revenue Code of 1986 is pated to be available for such payments in the eligible to receive payments under section amended to read as follows: Fund with respect to such cycle. 9006.’’. ‘‘(a) PERSONAL EXPENDITURE LIMITATION.— ‘‘(B) RESTORATION OF REDUCTIONS IN CASE OF SEC. 5212. REPEAL OF EXPENDITURE LIMITA- No candidate shall knowingly make expendi- AVAILABILITY OF SUFFICIENT FUNDS DURING TIONS AND USE OF QUALIFIED CAM- tures from his personal funds, or the personal ELECTION CYCLE.—If, after reducing the PAIGN CONTRIBUTIONS. funds of his immediate family, in connection amounts paid to candidates with respect to an (a) USE OF QUALIFIED CAMPAIGN CONTRIBU- with his campaign for nomination for election to election cycle under subparagraph (A), the Com- TIONS WITHOUT EXPENDITURE LIMITS; APPLICA- the office of President in excess of, in the aggre- mission determines that there are sufficient TION OF SAME REQUIREMENTS FOR MAJOR, gate, $50,000.’’. amounts in the Fund to restore the amount by MINOR, AND NEW PARTIES.—Section 9003 of the (b) CONFORMING AMENDMENT.—Paragraph (1) which such payments were reduced (or any por- Internal Revenue Code of 1986 is amended by of section 9033(b) of the Internal Revenue Code tion thereof), to the extent that such amounts striking subsections (b) and (c) and inserting the of 1986 is amended to read as follows: are available, the Commission may make a pay- following: ‘‘(1) the candidate will comply with the per- ment on a pro rata basis to each such candidate ‘‘(b) USE OF QUALIFIED CAMPAIGN CONTRIBU- sonal expenditure limitation under section with respect to the election cycle in the amount TIONS TO DEFRAY EXPENSES.— 9035,’’. by which such candidate’s payments were re- ‘‘(1) IN GENERAL.—In order to be eligible to re- SEC. 5204. PERIOD OF AVAILABILITY OF MATCH- duced under subparagraph (A) (or any portion ceive any payments under section 9006, the can- ING PAYMENTS. thereof, as the case may be). didates of a party in a Presidential election Section 9032(6) of the Internal Revenue Code ‘‘(C) NO USE OF AMOUNTS FROM OTHER shall certify to the Commission, under penalty of 1986 is amended by striking ‘‘the beginning of SOURCES.—In any case in which the Commission of perjury, that— the calendar year in which a general election determines that there are insufficient moneys in ‘‘(A) such candidates and their authorized for the office of President of the United States the Fund to make payments to candidates under committees have not and will not accept any will be held’’ and inserting ‘‘the date that is 6 this chapter, moneys shall not be made available contributions to defray qualified campaign ex- months prior to the date of the earliest State pri- from any other source for the purpose of making penses other than— mary election’’. such payments. ‘‘(i) qualified campaign contributions, and SEC. 5205. EXAMINATION AND AUDITS OF MATCH- ‘‘(3) NO EFFECT ON AMOUNTS TRANSFERRED ‘‘(ii) contributions to the extent necessary to ABLE CONTRIBUTIONS. FOR PEDIATRIC RESEARCH INITIATIVE.—This sec- make up any deficiency payments received out Section 9038(a) of the Internal Revenue Code tion does not apply to the transfer of funds of the fund on account of the application of sec- of 1986 is amended by inserting ‘‘and matchable under section 9008(i). tion 9006(c), and contributions accepted by’’ after ‘‘qualified cam- ‘‘(4) PRESIDENTIAL ELECTION CYCLE DEFINED.— ‘‘(B) such candidates and their authorized paign expenses of’’. In this section, the term ‘Presidential election committees have not and will not accept any SEC. 5206. MODIFICATION TO LIMITATION ON cycle’ means, with respect to a Presidential elec- contribution to defray expenses which would be CONTRIBUTIONS FOR PRESIDENTIAL tion, the period beginning on the day after the qualified campaign expenses but for subpara- PRIMARY CANDIDATES. date of the previous Presidential general elec- graph (C) of section 9002(11). Section 315(a)(6) of the Federal Election Cam- tion and ending on the date of the Presidential ‘‘(2) TIMING OF CERTIFICATION.—The can- paign Act of 1971 (52 U.S.C. 30116(a)(6)) is election.’’. didate shall make the certification required amended by striking ‘‘calendar year’’ and in- (b) CLERICAL AMENDMENT.—The table of sec- under this subsection at the same time the can- serting ‘‘four-year election cycle’’. tions for chapter 96 of subtitle H of such Code didate makes the certification required under SEC. 5207. USE OF FREEDOM FROM INFLUENCE is amended by adding at the end the following subsection (a)(3).’’. FUND AS SOURCE OF PAYMENTS. new item: (b) DEFINITION OF QUALIFIED CAMPAIGN CON- (a) IN GENERAL.—Chapter 96 of subtitle H of TRIBUTION.—Section 9002 of such Code is the Internal Revenue Code of 1986 is amended ‘‘Sec. 9043. Use of Freedom From Influence amended by adding at the end the following by adding at the end the following new section: Fund as source of payments.’’. new paragraph: ‘‘SEC. 9043. USE OF FREEDOM FROM INFLUENCE PART 2—GENERAL ELECTIONS ‘‘(13) QUALIFIED CAMPAIGN CONTRIBUTION.— FUND AS SOURCE OF PAYMENTS. SEC. 5211. MODIFICATION OF ELIGIBILITY RE- The term ‘qualified campaign contribution’ ‘‘(a) IN GENERAL.—Notwithstanding any other QUIREMENTS FOR PUBLIC FINANC- means, with respect to any election for the office provision of this chapter, effective with respect ING. of President of the United States, a contribution to the Presidential election held in 2028 and Subsection (a) of section 9003 of the Internal from an individual to a candidate or an author- each succeeding Presidential election, all pay- Revenue Code of 1986 is amended to read as fol- ized committee of a candidate which— ments made to candidates under this chapter lows: ‘‘(A) does not exceed $1,000 for the election; shall be made from the Freedom From Influence ‘‘(a) IN GENERAL.—In order to be eligible to re- and Fund established under section 541 of the Fed- ceive any payments under section 9006, the can- ‘‘(B) with respect to which the candidate has eral Election Campaign Act of 1971 (hereafter in didates of a political party in a Presidential certified in writing that— this section referred to as the ‘Fund’). election shall meet the following requirements: ‘‘(i) the individual making such contribution ‘‘(b) MANDATORY REDUCTION OF PAYMENTS IN ‘‘(1) PARTICIPATION IN PRIMARY PAYMENT SYS- has not made aggregate contributions (including CASE OF INSUFFICIENT AMOUNTS IN FUND.— TEM.—The candidate for President received pay- such qualified contribution) to such candidate ‘‘(1) ADVANCE AUDITS BY COMMISSION.—Not ments under chapter 96 for the campaign for and the authorized committees of such can- later than 90 days before the first day of each nomination for election to be President. didate in excess of the amount described in sub- Presidential election cycle (beginning with the ‘‘(2) AGREEMENTS WITH COMMISSION.—The paragraph (A), and cycle for the election held in 2028), the Commis- candidates, in writing— ‘‘(ii) such candidate and the authorized com- sion shall— ‘‘(A) agree to obtain and furnish to the Com- mittees of such candidate will not accept con- ‘‘(A) audit the Fund to determine whether, mission such evidence as it may request of the tributions from such individual (including such after first making payments to participating qualified campaign expenses of such candidates, qualified contribution) aggregating more than

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the amount described in subparagraph (A) with TION ADJUSTMENT.—Subsection (b) of section (1) IN GENERAL.—Section 315(c)(1) of such Act respect to such election.’’. 9004 of such Code is amended to read as follows: (52 U.S.C. 30116(c)(1)) is amended— (c) CONFORMING AMENDMENTS.— ‘‘(b) INFLATION ADJUSTMENT.— (A) in subparagraph (B), by striking ‘‘(d)’’ (1) REPEAL OF EXPENDITURE LIMITS.— ‘‘(1) IN GENERAL.—In the case of any applica- and inserting ‘‘(d)(2)’’; and (A) IN GENERAL.—Section 315 of the Federal ble period beginning after 2029, the $250,000,000 (B) by adding at the end the following new Election Campaign Act of 1971 (52 U.S.C. 30116) dollar amount in subsection (a) shall be in- subparagraph: is amended by striking subsection (b). creased by an amount equal to— ‘‘(D) In any calendar year after 2028— (B) CONFORMING AMENDMENTS.—Section 315(c) ‘‘(A) such dollar amount; multiplied by ‘‘(i) the dollar amount in subsection (d)(2) of such Act (52 U.S.C. 30116(c)) is amended— ‘‘(B) the cost-of-living adjustment determined shall be increased by the percent difference de- (i) in paragraph (1)(B)(i), by striking ‘‘, (b)’’; under section 1(f)(3) for the calendar year fol- termined under subparagraph (A); and lowing the year which such applicable period ‘‘(ii) the amount so increased shall remain in (ii) in paragraph (2)(B)(i), by striking ‘‘sub- begins, determined by substituting ‘calendar effect for the calendar year; and sections (b) and (d)’’ and inserting ‘‘subsection year 2028’ for ‘calendar year 1992’ in subpara- ‘‘(iii) if the amount after adjustment under (d)’’. graph (B) thereof. clause (i) is not a multiple of $100, such amount (2) REPEAL OF REPAYMENT REQUIREMENT.— ‘‘(2) APPLICABLE PERIOD.—For purposes of shall be rounded to the nearest multiple of (A) IN GENERAL.—Section 9007(b) of the Inter- this subsection, the term ‘applicable period’ $100.’’. nal Revenue Code of 1986 is amended by striking means the 4-year period beginning with the first (2) BASE YEAR.—Section 315(c)(2)(B) of such paragraph (2) and redesignating paragraphs (3), day following the date of the general election Act (52 U.S.C. 30116(c)(2)(B)) is amended— (4), and (5) as paragraphs (2), (3), and (4), re- for the office of President and ending on the (A) in clause (i)— spectively. date of the next such general election. (i) by striking ‘‘(d)’’ and inserting ‘‘(d)(3)’’; ONFORMING AMENDMENT (B) C .—Paragraph (2) ‘‘(3) ROUNDING.—If any amount as adjusted and (ii) by striking ‘‘and’’ at the end; of section 9007(b) of such Code, as redesignated under paragraph (1) is not a multiple of $10,000, (B) in clause (ii), by striking the period at the by subparagraph (A), is amended— such amount shall be rounded to the nearest (i) by striking ‘‘a major party’’ and inserting end and inserting ‘‘; and’’; and multiple of $10,000.’’. ‘‘a party’’; (C) by adding at the end the following new (3) CONFORMING AMENDMENT.—Section 9005(a) (ii) by striking ‘‘contributions (other than’’ clause: of such Code is amended by adding at the end and inserting ‘‘contributions (other than quali- ‘‘(iii) for purposes of subsection (d)(2), cal- the following new sentence: ‘‘The Commission fied contributions’’; and endar year 2027.’’. shall make such additional certifications as may (iii) by striking ‘‘(other than qualified cam- SEC. 5215. ESTABLISHMENT OF UNIFORM DATE be necessary to receive payments under section paign expenses with respect to which payment is FOR RELEASE OF PAYMENTS. 9004.’’. required under paragraph (2))’’. (a) DATE FOR PAYMENTS.— (b) MATCHABLE CONTRIBUTION.—Section 9002 (3) CRIMINAL PENALTIES.— (1) IN GENERAL.—Section 9006(b) of the Inter- (A) REPEAL OF PENALTY FOR EXCESS EX- of such Code, as amended by section 5212(b), is nal Revenue Code of 1986 is amended to read as PENSES.—Section 9012 of the Internal Revenue amended by adding at the end the following follows: Code of 1986 is amended by striking subsection new paragraph: ‘‘(b) PAYMENTS FROM THE FUND.—If the Sec- (a). ‘‘(14) MATCHABLE CONTRIBUTION.—The term retary of the Treasury receives a certification (B) PENALTY FOR ACCEPTANCE OF DISALLOWED ‘matchable contribution’ means, with respect to from the Commission under section 9005 for pay- CONTRIBUTIONS; APPLICATION OF SAME PENALTY the election to the office of President of the ment to the eligible candidates of a political FOR CANDIDATES OF MAJOR, MINOR, AND NEW United States, a contribution by an individual party, the Secretary shall pay to such can- PARTIES.—Subsection (b) of section 9012 of such to a candidate or an authorized committee of a didates out of the fund the amount certified by Code is amended to read as follows: candidate with respect to which the candidate the Commission on the later of— ‘‘(b) CONTRIBUTIONS.— has certified in writing that— ‘‘(1) the last Friday occurring before the first ‘‘(1) ACCEPTANCE OF DISALLOWED CONTRIBU- ‘‘(A) the individual making such contribution Monday in September; or TIONS.—It shall be unlawful for an eligible can- has not made aggregate contributions (including ‘‘(2) 24 hours after receiving the certifications didate of a party in a Presidential election or such matchable contribution) to such candidate for the eligible candidates of all major political any of his authorized committees knowingly and and the authorized committees of such can- parties. willfully to accept— didate in excess of $1,000 for the election; Amounts paid to any such candidates shall be ‘‘(A) any contribution other than a qualified ‘‘(B) such candidate and the authorized com- under the control of such candidates.’’. campaign contribution to defray qualified cam- mittees of such candidate will not accept con- (2) CONFORMING AMENDMENT.—The first sen- paign expenses, except to the extent necessary to tributions from such individual (including such tence of section 9006(c) of such Code is amended make up any deficiency in payments received matchable contribution) aggregating more than by striking ‘‘the time of a certification by the out of the fund on account of the application of the amount described in subparagraph (A) with Commission under section 9005 for payment’’ section 9006(c); or respect to such election; and and inserting ‘‘the time of making a payment ‘‘(B) any contribution to defray expenses ‘‘(C) such contribution was a direct contribu- under subsection (b)’’. which would be qualified campaign expenses tion (as defined in section 9034(c)(3)).’’. (b) TIME FOR CERTIFICATION.—Section 9005(a) but for subparagraph (C) of section 9002(11). SEC. 5214. INCREASE IN LIMIT ON COORDINATED of the Internal Revenue Code of 1986 is amended ‘‘(2) PENALTY.—Any person who violates PARTY EXPENDITURES. by striking ‘‘10 days’’ and inserting ‘‘24 hours’’. paragraph (1) shall be fined not more than (a) IN GENERAL.—Section 315(d)(2) of the Fed- SEC. 5216. AMOUNTS IN PRESIDENTIAL ELECTION $5,000, or imprisoned not more than one year, or eral Election Campaign Act of 1971 (52 U.S.C. CAMPAIGN FUND. both. In the case of a violation by an authorized 30116(d)(2)) is amended to read as follows: Section 9006(c) of the Internal Revenue Code committee, any officer or member of such com- ‘‘(2)(A) The national committee of a political of 1986 is amended by adding at the end the fol- mittee who knowingly and willfully consents to party may not make any expenditure in connec- lowing new sentence: ‘‘In making a determina- such violation shall be fined not more than tion with the general election campaign of any tion of whether there are insufficient moneys in $5,000, or imprisoned not more than one year, or candidate for President of the United States the fund for purposes of the previous sentence, both.’’. who is affiliated with such party which exceeds the Secretary shall take into account in deter- SEC. 5213. MATCHING PAYMENTS AND OTHER $100,000,000. mining the balance of the fund for a Presi- MODIFICATIONS TO PAYMENT ‘‘(B) For purposes of this paragraph— dential election year the Secretary’s best esti- AMOUNTS. ‘‘(i) any expenditure made by or on behalf of mate of the amount of moneys which will be de- (a) IN GENERAL.— a national committee of a political party and in posited into the fund during the year, except (1) AMOUNT OF PAYMENTS; APPLICATION OF connection with a Presidential election shall be that the amount of the estimate may not exceed SAME AMOUNT FOR CANDIDATES OF MAJOR, considered to be made in connection with the the average of the annual amounts deposited in MINOR, AND NEW PARTIES.—Subsection (a) of sec- general election campaign of a candidate for the fund during the previous 3 years.’’. tion 9004 of the Internal Revenue Code of 1986 President of the United States who is affiliated SEC. 5217. USE OF GENERAL ELECTION PAY- is amended to read as follows: with such party; and MENTS FOR GENERAL ELECTION ‘‘(a) IN GENERAL.—Subject to the provisions of ‘‘(ii) any communication made by or on behalf LEGAL AND ACCOUNTING COMPLI- this chapter, the eligible candidates of a party of such party shall be considered to be made in ANCE. in a Presidential election shall be entitled to connection with the general election campaign Section 9002(11) of the Internal Revenue Code equal payment under section 9006 in an amount of a candidate for President of the United States of 1986 is amended by adding at the end the fol- equal to 600 percent of the amount of each who is affiliated with such party if any portion lowing new sentence: ‘‘For purposes of subpara- matchable contribution received by such can- of the communication is in connection with such graph (A), an expense incurred by a candidate didate or by the candidate’s authorized commit- election. or authorized committee for general election tees (disregarding any amount of contributions ‘‘(C) Any expenditure under this paragraph legal and accounting compliance purposes shall from any person to the extent that the total of shall be in addition to any expenditure by a na- be considered to be an expense to further the the amounts contributed by such person for the tional committee of a political party serving as election of such candidate.’’. election exceeds $200), except that total amount the principal campaign committee of a can- SEC. 5218. USE OF FREEDOM FROM INFLUENCE to which a candidate is entitled under this para- didate for the office of President of the United FUND AS SOURCE OF PAYMENTS. graph shall not exceed $250,000,000.’’. States.’’. (a) IN GENERAL.—Chapter 95 of subtitle H of (2) REPEAL OF SEPARATE LIMITATIONS FOR (b) CONFORMING AMENDMENTS RELATING TO the Internal Revenue Code of 1986 is amended CANDIDATES OF MINOR AND NEW PARTIES; INFLA- TIMING OF COST-OF-LIVING ADJUSTMENT.— by adding at the end the following new section:

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In fact, ‘‘(a) IN GENERAL.—Notwithstanding any other (a) IN GENERAL.—Except as otherwise pro- helping ordinary Americans to run may create provision of this chapter, effective with respect vided, this subtitle and the amendments made better policy for all Americans. to the Presidential election held in 2028 and by this subtitle shall apply with respect to the (c) PURPOSE.—It is the purpose of this subtitle each succeeding Presidential election, all pay- Presidential election held in 2028 and each suc- to ensure that all Americans who are otherwise ments made under this chapter shall be made ceeding Presidential election, without regard to qualified to serve this Nation are able to run for from the Freedom From Influence Fund estab- whether or not the Federal Election Commission office, regardless of their economic status. By lished under section 541 of the Federal Election has promulgated the final regulations necessary expanding permissible uses of campaign funds Campaign Act of 1971. to carry out this part and the amendments made and providing modest assurance that testing a ‘‘(b) MANDATORY REDUCTION OF PAYMENTS IN by this part by the deadline set forth in sub- run for office will not cost one’s livelihood, the CASE OF INSUFFICIENT AMOUNTS IN FUND.— section (b). Help America Run Act will facilitate the can- ‘‘(1) ADVANCE AUDITS BY COMMISSION.—Not (b) DEADLINE FOR REGULATIONS.—Not later didacy of representatives who more accurately later than 90 days before the first day of each than June 30, 2026, the Federal Election Com- reflect the experiences, challenges, and ideals of Presidential election cycle (beginning with the mission shall promulgate such regulations as everyday Americans. cycle for the election held in 2028), the Commis- may be necessary to carry out this part and the SEC. 5302. TREATMENT OF PAYMENTS FOR CHILD sion shall— amendments made by this part. CARE AND OTHER PERSONAL USE ‘‘(A) audit the Fund to determine whether, SERVICES AS AUTHORIZED CAM- Subtitle D—Personal Use Services as after first making payments to participating PAIGN EXPENDITURE. Authorized Campaign Expenditures candidates under title V of the Federal Election (a) PERSONAL USE SERVICES AS AUTHORIZED Campaign Act of 1971 and then making pay- SEC. 5301. SHORT TITLE; FINDINGS; PURPOSE. CAMPAIGN EXPENDITURE.—Section 313 of the ments to States under the My Voice Voucher (a) SHORT TITLE.—This subtitle may be cited Federal Election Campaign Act of 1971 (52 Program under the Government By the People as the ‘‘Help America Run Act’’. U.S.C. 30114), as amended by section 5113, is Act of 2021 and then making payments to can- (b) FINDINGS.—Congress finds the following: amended by adding at the end the following didates under chapter 96, the amounts remain- (1) Everyday Americans experience barriers to new subsection: ing in the Fund will be sufficient to make pay- entry before they can consider running for of- ‘‘(e) TREATMENT OF PAYMENTS FOR CHILD ments to candidates under this chapter in the fice to serve their communities. CARE AND OTHER PERSONAL USE SERVICES AS (2) Current law states that campaign funds amounts provided under this chapter during AUTHORIZED CAMPAIGN EXPENDITURE.— cannot be spent on everyday expenses that such election cycle; and ‘‘(1) AUTHORIZED EXPENDITURES.—For pur- would exist whether or not a candidate were ‘‘(B) submit a report to Congress describing poses of subsection (a), the payment by an au- running for office, like childcare and food. the results of the audit. thorized committee of a candidate for any of the While the law seems neutral, its actual effect is ‘‘(2) REDUCTIONS IN AMOUNT OF PAYMENTS.— personal use services described in paragraph (3) to privilege the independently wealthy who ‘‘(A) AUTOMATIC REDUCTION ON PRO RATA shall be treated as an authorized expenditure if want to run, because given the demands of run- BASIS.—If, on the basis of the audit described in the services are necessary to enable the partici- ning for office, candidates who must work to paragraph (1), the Commission determines that pation of the candidate in campaign-connected pay for childcare or to afford health insurance the amount anticipated to be available in the activities. are effectively being left out of the process, even Fund with respect to the Presidential election ‘‘(2) LIMITATIONS.— if they have sufficient support to mount a viable cycle involved is not, or may not be, sufficient to ‘‘(A) LIMIT ON TOTAL AMOUNT OF PAYMENTS.— campaign. satisfy the full entitlements of candidates to The total amount of payments made by an au- (3) Thus current practice favors those prospec- payments under this chapter for such cycle, the thorized committee of a candidate for personal tive candidates who do not need to rely on a Commission shall reduce each amount which use services described in paragraph (3) may not regular paycheck to make ends meet. The con- would otherwise be paid to a candidate under exceed the limit which is applicable under any sequence is that everyday Americans who have this chapter by such pro rata amount as may be law, rule, or regulation on the amount of pay- firsthand knowledge of the importance of stable necessary to ensure that the aggregate amount ments which may be made by the committee for childcare, a safety net, or great public schools of payments anticipated to be made with respect the salary of the candidate (without regard to are less likely to get a seat at the table. This to the cycle will not exceed the amount antici- whether or not the committee makes payments governance by the few is antithetical to the pated to be available for such payments in the to the candidate for that purpose). democratic experiment, but most importantly, ‘‘(B) CORRESPONDING REDUCTION IN AMOUNT Fund with respect to such cycle. when lawmakers do not share the concerns of OF SALARY PAID TO CANDIDATE.—To the extent ‘‘(B) RESTORATION OF REDUCTIONS IN CASE OF everyday Americans, their policies reflect that. that an authorized committee of a candidate AVAILABILITY OF SUFFICIENT FUNDS DURING (4) These circumstances have contributed to a makes payments for the salary of the candidate, ELECTION CYCLE.—If, after reducing the Congress that does not always reflect everyday any limit on the amount of such payments amounts paid to candidates with respect to an Americans. The New York Times reported in which is applicable under any law, rule, or reg- election cycle under subparagraph (A), the Com- 2019 that fewer than 5 percent of representatives ulation shall be reduced by the amount of any mission determines that there are sufficient cite blue-collar or service jobs in their biog- payments made to or on behalf of the candidate amounts in the Fund to restore the amount by raphies. A 2015 survey by the Center for Respon- for personal use services described in paragraph which such payments were reduced (or any por- sive Politics showed that the median net worth (3), other than personal use services described in tion thereof), to the extent that such amounts of lawmakers was just over $1 million in 2013, or subparagraph (D) of such paragraph. are available, the Commission may make a pay- 18 times the wealth of the typical American ‘‘(C) EXCLUSION OF CANDIDATES WHO ARE OF- ment on a pro rata basis to each such candidate household. FICEHOLDERS.—Paragraph (1) does not apply with respect to the election cycle in the amount (5) These circumstances have also contributed with respect to an authorized committee of a by which such candidate’s payments were re- to a governing body that does not reflect the na- candidate who is a holder of Federal office. duced under subparagraph (A) (or any portion tion it serves. For instance, women are 51 per- ‘‘(3) PERSONAL USE SERVICES DESCRIBED.—The thereof, as the case may be). cent of the American population. Yet even with personal use services described in this para- O USE OF AMOUNTS FROM OTHER ‘‘(C) N a record number of women serving in the One graph are as follows: SOURCES.—In any case in which the Commission Hundred Sixteenth Congress, the Pew Research ‘‘(A) Child care services. determines that there are insufficient moneys in Center notes that more than three out of four ‘‘(B) Elder care services. the Fund to make payments to candidates under Members of this Congress are male. The Center ‘‘(C) Services similar to the services described this chapter, moneys shall not be made available for American Women And Politics found that in subparagraph (A) or subparagraph (B) which from any other source for the purpose of making one third of women legislators surveyed had are provided on behalf of any dependent who is such payments. been actively discouraged from running for of- a qualifying relative under section 152 of the In- ‘‘(3) NO EFFECT ON AMOUNTS TRANSFERRED fice, often by political professionals. This type ternal Revenue Code of 1986. FOR PEDIATRIC RESEARCH INITIATIVE.—This sec- of discouragement, combined with the prohibi- ‘‘(D) Health insurance premiums.’’. tion does not apply to the transfer of funds tions on using campaign funds for domestic (b) EFFECTIVE DATE.—The amendments made under section 9008(i). needs like childcare, burdens that still fall dis- by this section shall take effect on the date of ‘‘(4) PRESIDENTIAL ELECTION CYCLE DEFINED.— proportionately on American women, particu- the enactment of this Act. In this section, the term ‘Presidential election larly disadvantages working mothers. These Subtitle E—Empowering Small Dollar cycle’ means, with respect to a Presidential elec- barriers may explain why only 10 women in his- Donations tion, the period beginning on the day after the tory have given birth while serving in Congress, SEC. 5401. PERMITTING POLITICAL PARTY COM- date of the previous Presidential general elec- in spite of the prevalence of working parents in tion and ending on the date of the Presidential MITTEES TO PROVIDE ENHANCED other professions. Yet working mothers and fa- SUPPORT FOR CANDIDATES election.’’. thers are best positioned to create policy that re- THROUGH USE OF SEPARATE SMALL (b) CLERICAL AMENDMENT.—The table of sec- flects the lived experience of most Americans. DOLLAR ACCOUNTS. tions for chapter 95 of subtitle H of such Code (6) Working mothers, those caring for their el- (a) INCREASE IN LIMIT ON CONTRIBUTIONS TO is amended by adding at the end the following derly parents, and young professionals who rely CANDIDATES.—Section 315(a)(2)(A) of the Fed- new item: on their jobs for health insurance should have eral Election Campaign Act of 1971 (52 U.S.C. ‘‘Sec. 9013. Use of Freedom From Influence the freedom to run to serve the people of the 30116(a)(2)(A)) is amended by striking ‘‘exceed Fund as source of payments.’’. United States. Their networks and net worth $5,000’’ and inserting ‘‘exceed $5,000 or, in the

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00073 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H958 CONGRESSIONAL RECORD — HOUSE March 2, 2021 case of a contribution made by a national com- SEC. 6002. MEMBERSHIP OF FEDERAL ELECTION nal appointment. Except as provided in sub- mittee of a political party from an account de- COMMISSION. paragraph (C), an individual appointed to fill a scribed in paragraph (11), exceed $10,000’’. (a) REDUCTION IN NUMBER OF MEMBERS; RE- vacancy occurring other than by the expiration (b) ELIMINATION OF LIMIT ON COORDINATED MOVAL OF SECRETARY OF SENATE AND CLERK OF of a term of office shall be appointed only for EXPENDITURES.—Section 315(d)(5) of such Act HOUSE AS EX OFFICIO MEMBERS.— the unexpired term of the member he or she suc- (52 U.S.C. 30116(d)(5)) is amended by striking (1) IN GENERAL; QUORUM.—Section 306(a)(1) of ceeds. ‘‘subsection (a)(9)’’ and inserting ‘‘subsection the Federal Election Campaign Act of 1971 (52 ‘‘(E) LIMITATION ON SERVICE AFTER EXPIRA- (a)(9) or subsection (a)(11)’’. U.S.C. 30106(a)(1)) is amended by striking the TION OF TERM.—A member of the Commission (c) ACCOUNTS DESCRIBED.—Section 315(a) of second and third sentences and inserting the may continue to serve on the Commission after such Act (52 U.S.C. 30116(a)), as amended by following: ‘‘The Commission is composed of 5 the expiration of the member’s term for an addi- section 5112(a), is amended by adding at the end members appointed by the President by and tional period, but only until the earlier of— the following new paragraph: with the advice and consent of the Senate, of ‘‘(i) the date on which the member’s successor ‘‘(11) An account described in this paragraph whom no more than 2 may be affiliated with the has taken office as a member of the Commission; is a separate, segregated account of a national same political party. A member shall be treated or committee of a political party (including a na- as affiliated with a political party if the member ‘‘(ii) the expiration of the 1-year period that tional congressional campaign committee of a was affiliated, including as a registered voter, begins on the last day of the member’s term.’’. political party) consisting exclusively of con- employee, consultant, donor, officer, or attor- (c) QUALIFICATIONS.—Section 306(a)(3) of such tributions made during a calendar year by indi- ney, with such political party or any of its can- Act (52 U.S.C. 30106(a)(3)) is amended to read as viduals whose aggregate contributions to the didates or elected public officials at any time follows: committee during the year do not exceed $200.’’. during the 5-year period ending on the date on ‘‘(3) QUALIFICATIONS.— (d) EFFECTIVE DATE.—The amendments made which such individual is nominated to be a ‘‘(A) IN GENERAL.—The President may select by this section shall apply with respect to elec- member of the Commission. A majority of the an individual for service as a member of the tions held on or after the date of the enactment number of members of the Commission who are Commission if the individual has experience in of this Act. serving at the time shall constitute a quorum.’’. election law and has a demonstrated record of integrity, impartiality, and good judgment. Subtitle F—Severability (2) CONFORMING AMENDMENTS RELATING TO REDUCTION IN NUMBER OF MEMBERS.—(A) Sec- ‘‘(B) ASSISTANCE OF BLUE RIBBON ADVISORY SEC. 5501. SEVERABILITY. tion 306(c) of such Act (52 U.S.C. 30106(c)) is PANEL.— If any provision of this title or amendment amended by striking the period at the end of the ‘‘(i) IN GENERAL.—Prior to the regularly made by this title, or the application of a provi- first sentence and all that follows and inserting scheduled expiration of the term of a member of sion or amendment to any person or cir- the following: ‘‘, except that an affirmative vote the Commission and upon the occurrence of a cumstance, is held to be unconstitutional, the of a majority of the members of the Commission vacancy in the membership of the Commission remainder of this title and amendments made by who are serving at the time shall be required in prior to the expiration of a term, the President this title, and the application of the provisions order for the Commission to take any action in shall convene a Blue Ribbon Advisory Panel and amendment to any person or circumstance, accordance with paragraph (6), (7), (8), or (9) of that includes individuals representing each shall not be affected by the holding. section 307(a) or with chapter 95 or chapter 96 of major political party and individuals who are TITLE VI—CAMPAIGN FINANCE the Internal Revenue Code of 1986. A member of independent of a political party and that con- OVERSIGHT the Commission may not delegate to any person sists of an odd number of individuals selected by Subtitle A—Restoring Integrity to America’s his or her vote or any decisionmaking authority the President from retired Federal judges, Elections or duty vested in the Commission by the provi- former law enforcement officials, or individuals with experience in election law, except that the Sec. 6001. Short title. sions of this Act’’. President may not select any individual to serve Sec. 6002. Membership of Federal Election Com- (B) Such Act is further amended by striking on the panel who holds any public office at the mission. ‘‘affirmative vote of 4 of its members’’ and in- time of selection. The President shall also make Sec. 6003. Assignment of powers to Chair of serting ‘‘affirmative vote of a majority of the reasonable efforts to encourage racial, ethnic, Federal Election Commission. members of the Commission who are serving at and gender diversity on the panel. Sec. 6004. Revision to enforcement process. the time’’ each place it appears in the following ‘‘(ii) RECOMMENDATIONS.—With respect to Sec. 6005. Permitting appearance at hearings on sections: each member of the Commission whose term is requests for advisory opinions by (i) Section 309(a)(2) (52 U.S.C. 30109(a)(2)). expiring or each vacancy in the membership of persons opposing the requests. (ii) Section 309(a)(4)(A)(i) (52 U.S.C. the Commission (as the case may be), the Blue Sec. 6006. Permanent extension of administra- 30109(a)(4)(A)(i)). Ribbon Advisory Panel shall recommend to the tive penalty authority. (iii) Section 309(a)(5)(C) (52 U.S.C. Sec. 6007. Restrictions on ex parte communica- 30109(a)(5)(C)). President at least one but not more than 3 indi- tions. (iv) Section 309(a)(6)(A) (52 U.S.C. viduals for nomination for appointment as a Sec. 6008. Clarifying authority of FEC attor- 30109(a)(6)(A)). member of the Commission. ‘‘(iii) PUBLICATION.—At the time the President neys to represent FEC in Supreme (v) Section 311(b) (52 U.S.C. 30111(b)). (3) CONFORMING AMENDMENT RELATING TO RE- submits to the Senate the nominations for indi- Court. Sec. 6009. Requiring forms to permit use of ac- MOVAL OF EX OFFICIO MEMBERS.—Section 306(a) viduals to be appointed as members of the Com- cent marks. of such Act (52 U.S.C. 30106(a)) is amended by mission, the President shall publish the Blue Sec. 6010. Effective date; transition. striking ‘‘(other than the Secretary of the Sen- Ribbon Advisory Panel’s recommendations for ate and the Clerk of the House of Representa- such nominations. Subtitle B—Stopping Super PAC-Candidate tives)’’ each place it appears in paragraphs (4) ‘‘(iv) EXEMPTION FROM FEDERAL ADVISORY Coordination and (5). COMMITTEE ACT.—The Federal Advisory Com- Sec. 6101. Short title. (b) TERMS OF SERVICE.—Section 306(a)(2) of mittee Act (5 U.S.C. App.) does not apply to a Sec. 6102. Clarification of treatment of coordi- such Act (52 U.S.C. 30106(a)(2)) is amended to Blue Ribbon Advisory Panel convened under nated expenditures as contribu- read as follows: this subparagraph. tions to candidates. ‘‘(2) TERMS OF SERVICE.— ‘‘(C) PROHIBITING ENGAGEMENT WITH OTHER Sec. 6103. Clarification of ban on fundraising ‘‘(A) IN GENERAL.—Each member of the Com- BUSINESS OR EMPLOYMENT DURING SERVICE.—A for super PACs by Federal can- mission shall serve for a single term of 6 years. member of the Commission shall not engage in didates and officeholders. ‘‘(B) SPECIAL RULE FOR INITIAL APPOINT- any other business, vocation, or employment. Subtitle C—Disposal of Contributions or MENTS.—Of the members first appointed to serve Any individual who is engaging in any other Donations terms that begin in January 2022, the President business, vocation, or employment at the time of Sec. 6201. Timeframe for and prioritization of shall designate 2 to serve for a 3-year term. his or her appointment to the Commission shall disposal of contributions or dona- ‘‘(C) NO REAPPOINTMENT PERMITTED.—An in- terminate or liquidate such activity no later tions. dividual who served a term as a member of the than 90 days after such appointment.’’. Sec. 6202. 1-year transition period for certain Commission may not serve for an additional SEC. 6003. ASSIGNMENT OF POWERS TO CHAIR OF individuals. term, except that— FEDERAL ELECTION COMMISSION. ‘‘(i) an individual who served a 3-year term (a) APPOINTMENT OF CHAIR BY PRESIDENT.— Subtitle D—Recommendations to Ensure Filing under subparagraph (B) may also be appointed (1) IN GENERAL.—Section 306(a)(5) of the Fed- of Reports Before Date of Election to serve a 6-year term under subparagraph (A); eral Election Campaign Act of 1971 (52 U.S.C. Sec. 6301. Recommendations to ensure filing of and 30106(a)(5)) is amended to read as follows: reports before date of election. ‘‘(ii) for purposes of this subparagraph, an in- ‘‘(5) CHAIR.— Subtitle E—Severability dividual who is appointed to fill a vacancy ‘‘(A) INITIAL APPOINTMENT.—Of the members Sec. 6401. Severability. under subparagraph (D) shall not be considered first appointed to serve terms that begin in Jan- to have served a term if the portion of the unex- uary 2022, one such member (as designated by Subtitle A—Restoring Integrity to America’s pired term the individual fills is less than 50 per- the President at the time the President submits Elections cent of the period of the term. nominations to the Senate) shall serve as Chair SEC. 6001. SHORT TITLE. ‘‘(D) VACANCIES.—Any vacancy occurring in of the Commission. This subtitle may be cited as the ‘‘Restoring the membership of the Commission shall be filled ‘‘(B) SUBSEQUENT APPOINTMENTS.—Any indi- Integrity to America’s Elections Act’’. in the same manner as in the case of the origi- vidual who is appointed to succeed the member

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00074 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H959 who serves as Chair of the Commission for the ‘‘(E) to transmit to the President and Congress sion, through the Chair, shall notify the subject term beginning in January 2022 (as well as any not later than June 1 of each year a report of the investigation of the alleged violation. individual who is appointed to fill a vacancy if which states in detail the activities of the Com- Such notification shall set forth the factual such member does not serve a full term as Chair) mission in carrying out its duties under this Act, basis for such alleged violation. The Commission shall serve as Chair of the Commission. and which includes any recommendations for shall make an investigation of such alleged vio- ‘‘(C) VICE CHAIR.—The Commission shall se- any legislative or other action the Commission lation, which may include a field investigation lect, by majority vote of its members, one of its considers appropriate. or audit, in accordance with the provisions of members to serve as Vice Chair, who shall act as ‘‘(3) PERMITTING COMMISSION TO EXERCISE this section. The general counsel shall provide Chair in the absence or disability of the Chair OTHER POWERS OF CHAIR.—With respect to any notification to the Commission of any intent to or in the event of a vacancy in the position of investigation, action, or proceeding, the Com- issue a subpoena or conduct any other form of Chair.’’. mission, by an affirmative vote of a majority of discovery pursuant to the investigation. Upon (2) CONFORMING AMENDMENT.—Section the members who are serving at the time, may the expiration of the 15-day period which begins 309(a)(2) of such Act (52 U.S.C. 30109(a)(2)) is exercise any of the powers of the Chair de- on the date the general counsel provides such amended by striking ‘‘through its chairman or scribed in paragraph (1)(B).’’. notification, the general counsel may issue the vice chairman’’ and inserting ‘‘through the (2) CONFORMING AMENDMENTS RELATING TO subpoena or conduct the discovery, unless dur- Chair’’. PERSONNEL AUTHORITY.—Section 306(f) of such ing such 15-day period the Commission, by vote (b) POWERS.— Act (52 U.S.C. 30106(f)) is amended— of a majority of the members of the Commission (1) ASSIGNMENT OF CERTAIN POWERS TO (A) by amending the first sentence of para- who are serving at the time, prohibits the gen- CHAIR.—Section 307(a) of such Act (52 U.S.C. graph (1) to read as follows: ‘‘The Commission eral counsel from issuing the subpoena or con- 30107(a)) is amended to read as follows: shall have a staff director who shall be ap- ducting the discovery. ‘‘(a) DISTRIBUTION OF POWERS BETWEEN pointed by the Chair of the Commission in con- ‘‘(3)(A) Upon completion of an investigation CHAIR AND COMMISSION.— sultation with the other members and a general under paragraph (2), the general counsel shall ‘‘(1) POWERS ASSIGNED TO CHAIR.— counsel who shall be appointed by the Chair promptly submit to the Commission the general ‘‘(A) ADMINISTRATIVE POWERS.—The Chair of with the concurrence of at least two other mem- counsel’s recommendation that the Commission the Commission shall be the chief administrative bers.’’; find either that there is probable cause or that officer of the Commission and shall have the au- (B) in paragraph (2), by striking ‘‘With the there is not probable cause to believe that a per- thority to administer the Commission and its approval of the Commission’’ and inserting son has committed, or is about to commit, a vio- staff, and (in consultation with the other mem- ‘‘With the approval of the Chair of the Commis- lation of this Act or chapter 95 or chapter 96 of bers of the Commission) shall have the power— sion’’; and the Internal Revenue Code of 1986, and shall in- ‘‘(i) to appoint and remove the staff director (C) by striking paragraph (3). clude with the recommendation a brief stating of the Commission; (3) CONFORMING AMENDMENT RELATING TO the position of the general counsel on the legal ‘‘(ii) to request the assistance (including per- BUDGET SUBMISSION.—Section 307(d)(1) of such and factual issues of the case. sonnel and facilities) of other agencies and de- Act (52 U.S.C. 30107(d)(1)) is amended by strik- ‘‘(B) At the time the general counsel submits partments of the United States, whose heads ing ‘‘the Commission submits any budget’’ and to the Commission the recommendation under may make such assistance available to the Com- inserting ‘‘the Chair (or, pursuant to subsection subparagraph (A), the general counsel shall si- mission with or without reimbursement; and (a)(3), the Commission) submits any budget’’. multaneously notify the respondent of such rec- ‘‘(iii) to prepare and establish the budget of (4) OTHER CONFORMING AMENDMENTS.—Sec- ommendation and the reasons therefore, shall the Commission and to make budget requests to tion 306(c) of such Act (52 U.S.C. 30106(c)) is provide the respondent with an opportunity to the President, the Director of the Office of Man- amended by striking ‘‘All decisions’’ and insert- submit a brief within 30 days stating the posi- agement and Budget, and Congress. ing ‘‘Subject to section 307(a), all decisions’’. tion of the respondent on the legal and factual ‘‘(B) OTHER POWERS.—The Chair of the Com- (5) TECHNICAL AMENDMENT.—The heading of issues of the case and replying to the brief of the mission shall have the power— section 307 of such Act (52 U.S.C. 30107) is general counsel. The general counsel shall ‘‘(i) to appoint and remove the general coun- amended by striking ‘‘THE COMMISSION’’ and in- promptly submit such brief to the Commission sel of the Commission with the concurrence of at serting ‘‘THE CHAIR AND THE COMMISSION’’. upon receipt. least 2 other members of the Commission; SEC. 6004. REVISION TO ENFORCEMENT PROCESS. ‘‘(C) Not later than 30 days after the general ‘‘(ii) to require by special or general orders, counsel submits the recommendation to the Com- (a) STANDARD FOR INITIATING INVESTIGATIONS any person to submit, under oath, such written mission under subparagraph (A) (or, if the re- AND DETERMINING WHETHER VIOLATIONS HAVE reports and answers to questions as the Chair spondent submits a brief under subparagraph OCCURRED.— may prescribe; (B), not later than 30 days after the general (1) REVISION OF STANDARDS.—Section 309(a) of ‘‘(iii) to administer oaths or affirmations; counsel submits the respondent’s brief to the the Federal Election Campaign Act of 1971 (52 ‘‘(iv) to require by subpoena, signed by the Commission under such subparagraph), the U.S.C. 30109(a)) is amended by striking para- Chair, the attendance and testimony of wit- Commission shall approve or disapprove the rec- graphs (2) and (3) and inserting the following: nesses and the production of all documentary ommendation by vote of a majority of the mem- ‘‘(2)(A) The general counsel, upon receiving a evidence relating to the execution of its duties; bers of the Commission who are serving at the complaint filed with the Commission under ‘‘(v) in any proceeding or investigation, to time.’’. paragraph (1) or upon the basis of information order testimony to be taken by deposition before (2) CONFORMING AMENDMENT RELATING TO INI- ascertained by the Commission in the normal any person who is designated by the Chair, and TIAL RESPONSE TO FILING OF COMPLAINT.—Sec- course of carrying out its supervisory respon- shall have the power to administer oaths and, in tion 309(a)(1) of such Act (52 U.S.C. 30109(a)(1)) sibilities, shall make a determination as to such instances, to compel testimony and the is amended— production of evidence in the same manner as whether or not there is reason to believe that a (A) in the third sentence, by striking ‘‘the authorized under clause (iv); and person has committed, or is about to commit, a Commission’’ and inserting ‘‘the general coun- ‘‘(vi) to pay witnesses the same fees and mile- violation of this Act or chapter 95 or chapter 96 sel’’; and age as are paid in like circumstances in the of the Internal Revenue Code of 1986, and as to (B) by amending the fourth sentence to read courts of the United States. whether or not the Commission should either as follows: ‘‘Not later than 15 days after receiv- ‘‘(2) POWERS ASSIGNED TO COMMISSION.—The initiate an investigation of the matter or that ing notice from the general counsel under the Commission shall have the power— the complaint should be dismissed. The general previous sentence, the person may provide the ‘‘(A) to initiate (through civil actions for in- counsel shall promptly provide notification to general counsel with a written response that no junctive, declaratory, or other appropriate re- the Commission of such determination and the action should be taken against such person on lief), defend (in the case of any civil action reasons therefore, together with any written re- the basis of the complaint.’’. brought under section 309(a)(8) of this Act) or sponse submitted under paragraph (1) by the (b) REVISION OF STANDARD FOR REVIEW OF appeal (including a proceeding before the Su- person alleged to have committed the violation. DISMISSAL OF COMPLAINTS.— preme Court on certiorari) any civil action in Upon the expiration of the 30-day period which (1) IN GENERAL.—Section 309(a)(8) of such Act the name of the Commission to enforce the pro- begins on the date the general counsel provides (52 U.S.C. 30109(a)(8)) is amended to read as fol- visions of this Act and chapter 95 and chapter such notification, the general counsel’s deter- lows: 96 of the Internal Revenue Code of 1986, mination shall take effect, unless during such ‘‘(8)(A)(i) Any party aggrieved by an order of through its general counsel; 30-day period the Commission, by vote of a ma- the Commission dismissing a complaint filed by ‘‘(B) to render advisory opinions under sec- jority of the members of the Commission who are such party may file a petition with the United tion 308 of this Act; serving at the time, overrules the general coun- States District Court for the District of Colum- ‘‘(C) to develop such prescribed forms and to sel’s determination. If the determination by the bia. Any petition under this subparagraph shall make, amend, and repeal such rules, pursuant general counsel that the Commission should in- be filed within 60 days after the date on which to the provisions of chapter 5 of title 5, United vestigate the matter takes effect, or if the deter- the party received notice of the dismissal of the States Code, as are necessary to carry out the mination by the general counsel that the com- complaint. provisions of this Act and chapter 95 and chap- plaint should be dismissed is overruled as pro- ‘‘(ii) In any proceeding under this subpara- ter 96 of the Internal Revenue Code of 1986; vided under the previous sentence, the general graph, the court shall determine by de novo re- ‘‘(D) to conduct investigations and hearings counsel shall initiate an investigation of the view whether the agency’s dismissal of the com- expeditiously, to encourage voluntary compli- matter on behalf of the Commission. plaint is contrary to law. In any matter in ance, and to report apparent violations to the ‘‘(B) If the Commission initiates an investiga- which the penalty for the alleged violation is appropriate law enforcement authorities; and tion pursuant to subparagraph (A), the Commis- greater than $50,000, the court should disregard

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00075 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H960 CONGRESSIONAL RECORD — HOUSE March 2, 2021 any claim or defense by the Commission of pros- SEC. 6008. CLARIFYING AUTHORITY OF FEC AT- or concert with, or at the request or suggestion ecutorial discretion as a basis for dismissing the TORNEYS TO REPRESENT FEC IN SU- of, a candidate, an authorized committee of a complaint. PREME COURT. candidate, a political committee of a political ‘‘(B)(i) Any party who has filed a complaint (a) CLARIFYING AUTHORITY.—Section 306(f)(4) party, or agents of the candidate or committee, with the Commission and who is aggrieved by a of the Federal Election Campaign Act of 1971 (52 as defined in subsection (b); or failure of the Commission, within one year after U.S.C. 30106(f)(4)) is amended by striking ‘‘any ‘‘(B) any payment for any communication the filing of the complaint, to either dismiss the action instituted under this Act, either (A) by which republishes, disseminates, or distributes, complaint or to find reason to believe a violation attorneys’’ and inserting ‘‘any action instituted in whole or in part, any video or broadcast or has occurred or is about to occur, may file a pe- under this Act, including an action before the any written, graphic, or other form of campaign tition with the United States District Court for Supreme Court of the United States, either (A) material prepared by the candidate or committee the District of Columbia. by the General Counsel of the Commission and or by agents of the candidate or committee (in- ‘‘(ii) In any proceeding under this subpara- other attorneys’’. cluding any excerpt or use of any video from graph, the court shall treat the failure to act on (b) EFFECTIVE DATE.—The amendment made any such broadcast or written, graphic, or other the complaint as a dismissal of the complaint, by paragraph (1) shall apply with respect to ac- form of campaign material). and shall determine by de novo review whether tions instituted before, on, or after the date of ‘‘(2) EXCEPTION FOR PAYMENTS FOR CERTAIN the agency’s failure to act on the complaint is the enactment of this Act. COMMUNICATIONS.—A payment for a commu- contrary to law. SEC. 6009. REQUIRING FORMS TO PERMIT USE OF nication (including a covered communication ‘‘(C) In any proceeding under this paragraph ACCENT MARKS. described in subsection (d)) shall not be treated the court may declare that the dismissal of the (a) REQUIREMENT.—Section 311(a)(1) of the as a coordinated expenditure under this sub- section if— complaint or the failure to act is contrary to Federal Election Campaign Act of 1971 (52 ‘‘(A) the communication appears in a news law, and may direct the Commission to conform U.S.C. 30111(a)(1)) is amended by striking the semicolon at the end and inserting the fol- story, commentary, or editorial distributed with such declaration within 30 days, failing through the facilities of any broadcasting sta- which the complainant may bring, in the name lowing: ‘‘, and shall ensure that all such forms (including forms in an electronic format) permit tion, newspaper, magazine, or other periodical of such complainant, a civil action to remedy publication, unless such facilities are owned or the violation involved in the original com- the person using the form to include an accent mark as part of the person’s identification;’’. controlled by any political party, political com- plaint.’’. mittee, or candidate; or (2) EFFECTIVE DATE.—The amendments made (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect upon the expi- ‘‘(B) the communication constitutes a can- by paragraph (1) shall apply— didate debate or forum conducted pursuant to (A) in the case of complaints which are dis- ration of the 90-day period which begins on the date of the enactment of this Act. regulations adopted by the Commission pursu- missed by the Federal Election Commission, with ant to section 304(f)(3)(B)(iii), or which solely respect to complaints which are dismissed on or SEC. 6010. EFFECTIVE DATE; TRANSITION. promotes such a debate or forum and is made by after the date of the enactment of this Act; and (a) IN GENERAL.—Except as otherwise pro- or on behalf of the person sponsoring the debate (B) in the case of complaints upon which the vided, the amendments made by this subtitle or forum. Federal Election Commission failed to act, with shall apply beginning January 1, 2022. ‘‘(b) COORDINATION DESCRIBED.— respect to complaints which were filed on or (b) TRANSITION.— ‘‘(1) IN GENERAL.—For purposes of this sec- after the date of the enactment of this Act. (1) TERMINATION OF SERVICE OF CURRENT tion, a payment is made ‘in cooperation, con- SEC. 6005. PERMITTING APPEARANCE AT HEAR- MEMBERS.—Notwithstanding any provision of sultation, or concert with, or at the request or INGS ON REQUESTS FOR ADVISORY the Federal Election Campaign Act of 1971, the suggestion of,’ a candidate, an authorized com- OPINIONS BY PERSONS OPPOSING term of any individual serving as a member of mittee of a candidate, a political committee of a THE REQUESTS. the Federal Election Commission as of December political party, or agents of the candidate or (a) IN GENERAL.—Section 308 of such Act (52 31, 2021, shall expire on that date. committee, if the payment, or any communica- U.S.C. 30108) is amended by adding at the end (2) NO EFFECT ON EXISTING CASES OR PRO- tion for which the payment is made, is not made the following new subsection: CEEDINGS.—Nothing in this subtitle or in any entirely independently of the candidate, com- ‘‘(e) To the extent that the Commission pro- amendment made by this subtitle shall affect mittee, or agents. For purposes of the previous vides an opportunity for a person requesting an any of the powers exercised by the Federal Elec- sentence, a payment or communication not made advisory opinion under this section (or counsel tion Commission prior to December 31, 2021, in- entirely independently of the candidate or com- for such person) to appear before the Commis- cluding any investigation initiated by the Com- mittee includes any payment or communication sion to present testimony in support of the re- mission prior to such date or any proceeding made pursuant to any general or particular un- quest, and the person (or counsel) accepts such (including any enforcement action) pending as derstanding with, or pursuant to any commu- opportunity, the Commission shall provide a of such date. nication with, the candidate, committee, or reasonable opportunity for an interested party Subtitle B—Stopping Super PAC-Candidate agents about the payment or communication. who submitted written comments under sub- Coordination ‘‘(2) NO FINDING OF COORDINATION BASED SOLELY ON SHARING OF INFORMATION REGARDING section (d) in response to the request (or counsel SEC. 6101. SHORT TITLE. for such interested party) to appear before the LEGISLATIVE OR POLICY POSITION.—For purposes This subtitle may be cited as the ‘‘Stop Super of this section, a payment shall not be consid- Commission to present testimony in response to PAC-Candidate Coordination Act’’. the request.’’. ered to be made by a person in cooperation, con- SEC. 6102. CLARIFICATION OF TREATMENT OF CO- (b) EFFECTIVE DATE.—The amendment made sultation, or concert with, or at the request or ORDINATED EXPENDITURES AS CON- by subsection (a) shall apply with respect to re- suggestion of, a candidate or committee, solely TRIBUTIONS TO CANDIDATES. on the grounds that the person or the person’s quests for advisory opinions under section 308 of (a) TREATMENT AS CONTRIBUTION TO CAN- the Federal Election Campaign Act of 1971 agent engaged in discussions with the candidate DIDATE.—Section 301(8)(A) of the Federal Elec- or committee, or with any agent of the can- which are made on or after the date of the en- tion Campaign Act of 1971 (52 U.S.C. actment of this Act. didate or committee, regarding that person’s po- 30101(8)(A)) is amended— sition on a legislative or policy matter (includ- SEC. 6006. PERMANENT EXTENSION OF ADMINIS- (1) by striking ‘‘or’’ at the end of clause (i); ing urging the candidate or committee to adopt TRATIVE PENALTY AUTHORITY. (2) by striking the period at the end of clause that person’s position), so long as there is no (a) EXTENSION OF AUTHORITY.—Section (ii) and inserting ‘‘; or’’; and communication between the person and the can- 309(a)(4)(C)(v) of the Federal Election Campaign (3) by adding at the end the following new didate or committee, or any agent of the can- Act of 1971 (52 U.S.C. 30109(a)(4)(C)(v)) is clause: didate or committee, regarding the candidate’s amended by striking ‘‘, and that end on or be- ‘‘(iii) any payment made by any person (other or committee’s campaign advertising, message, fore December 31, 2023’’. than a candidate, an authorized committee of a strategy, policy, polling, allocation of resources, (b) EFFECTIVE DATE.—The amendment made candidate, or a political committee of a political fundraising, or other campaign activities. by subsection (a) shall take effect on December party) for a coordinated expenditure (as such ‘‘(3) NO EFFECT ON PARTY COORDINATION 31, 2021. term is defined in section 326) which is not oth- STANDARD.—Nothing in this section shall be SEC. 6007. RESTRICTIONS ON EX PARTE COMMU- erwise treated as a contribution under clause (i) construed to affect the determination of coordi- NICATIONS. or clause (ii).’’. nation between a candidate and a political com- Section 306(e) of the Federal Election Cam- (b) DEFINITIONS.—Title III of such Act (52 mittee of a political party for purposes of section paign Act of 1971 (52 U.S.C. 30106(e)) is amend- U.S.C. 30101 et seq.), as amended by section 4421 315(d). ed— and section 4802(a), is amended by adding at the ‘‘(4) NO SAFE HARBOR FOR USE OF FIREWALL.— (1) by striking ‘‘(e) The Commission’’ and in- end the following new section: A person shall be determined to have made a serting ‘‘(e)(1) The Commission’’; and ‘‘SEC. 327. PAYMENTS FOR COORDINATED EX- payment in cooperation, consultation, or con- (2) by adding at the end the following new PENDITURES. cert with, or at the request or suggestion of, a paragraph: ‘‘(a) COORDINATED EXPENDITURES.— candidate or committee, in accordance with this ‘‘(2) Members and employees of the Commis- ‘‘(1) IN GENERAL.—For purposes of section section without regard to whether or not the sion shall be subject to limitations on ex parte 301(8)(A)(iii), the term ‘coordinated expenditure’ person established and used a firewall or similar communications, as provided in the regulations means— procedures to restrict the sharing of information promulgated by the Commission regarding such ‘‘(A) any expenditure, or any payment for a between individuals who are employed by or communications which are in effect on the date covered communication described in subsection who are serving as agents for the person making of the enactment of this paragraph.’’. (d), which is made in cooperation, consultation, the payment.

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‘‘(c) PAYMENTS BY COORDINATED SPENDERS ‘‘(d) COVERED COMMUNICATION DEFINED.— (2) EFFECTIVE DATE.—The amendments made FOR COVERED COMMUNICATIONS.— ‘‘(1) IN GENERAL.—For purposes of this sec- by this section shall apply with respect to pay- ‘‘(1) PAYMENTS MADE IN COOPERATION, CON- tion, the term ‘covered communication’ means, ments made on or after the expiration of the 120- SULTATION, OR CONCERT WITH CANDIDATES.—For with respect to a candidate or an authorized day period which begins on the date of the en- purposes of subsection (a)(1)(A), if the person committee of a candidate, a public communica- actment of this Act, without regard to whether who makes a payment for a covered communica- tion (as defined in section 301(22)) which— or not the Federal Election Commission has pro- tion, as defined in subsection (d), is a coordi- ‘‘(A) expressly advocates the election of the mulgated regulations in accordance with para- nated spender under paragraph (2) with respect candidate or the defeat of an opponent of the graph (1)(B) as of the expiration of such period. to the candidate as described in subsection candidate (or contains the functional equivalent SEC. 6103. CLARIFICATION OF BAN ON FUND- (d)(1), the payment for the covered communica- of express advocacy); RAISING FOR SUPER PACS BY FED- tion is made in cooperation, consultation, or ‘‘(B) promotes or supports the election of the ERAL CANDIDATES AND OFFICE- concert with the candidate. candidate, or attacks or opposes the election of HOLDERS. ‘‘(2) COORDINATED SPENDER DEFINED.—For an opponent of the candidate (regardless of (a) IN GENERAL.—Section 323(e)(1) of the Fed- purposes of this subsection, the term ‘coordi- whether the communication expressly advocates eral Election Campaign Act of 1971 (52 U.S.C. nated spender’ means, with respect to a can- the election or defeat of a candidate or contains 30125(e)(1)) is amended— didate or an authorized committee of a can- the functional equivalent of express advocacy); (1) by striking ‘‘or’’ at the end of subpara- didate, a person (other than a political com- or graph (A); mittee of a political party) for which any of the ‘‘(C) refers to the candidate or an opponent of (2) by striking the period at the end of sub- following applies: the candidate but is not described in subpara- paragraph (B) and inserting ‘‘; or’’; and ‘‘(A) During the 4-year period ending on the graph (A) or subparagraph (B), but only if the (3) by adding at the end the following new date on which the person makes the payment, communication is disseminated during the appli- subparagraph: the person was directly or indirectly formed or cable election period. ‘‘(C) solicit, receive, direct, or transfer funds established by or at the request or suggestion of, ‘‘(2) APPLICABLE ELECTION PERIOD.—In para- to or on behalf of any political committee which or with the encouragement of, the candidate graph (1)(C), the ‘applicable election period’ accepts donations or contributions that do not (including an individual who later becomes a with respect to a communication means— comply with the limitations, prohibitions, and candidate) or committee or agents of the can- ‘‘(A) in the case of a communication which re- reporting requirements of this Act (or to or on didate or committee, including with the ap- fers to a candidate in a general, special, or run- behalf of any account of a political committee proval of the candidate or committee or agents off election, the 120-day period which ends on which is established for the purpose of accepting of the candidate or committee. the date of the election; or such donations or contributions), or to or on be- ‘‘(B) The candidate or committee or any agent ‘‘(B) in the case of a communication which re- half of any political organization under section of the candidate or committee solicits funds, ap- fers to a candidate in a primary or preference 527 of the Internal Revenue Code of 1986 which pears at a fundraising event, or engages in election, or convention or caucus of a political accepts such donations or contributions (other other fundraising activity on the person’s behalf party that has authority to nominate a can- than a committee of a State or local political during the election cycle involved, including by didate, the 60-day period which ends on the party or a candidate for election for State or providing the person with names of potential date of the election or convention or caucus. local office).’’. ‘‘(3) SPECIAL RULES FOR COMMUNICATIONS IN- donors or other lists to be used by the person in (b) EFFECTIVE DATE.—The amendment made engaging in fundraising activity, regardless of VOLVING CONGRESSIONAL CANDIDATES.—For pur- by subsection (a) shall apply with respect to whether the person pays fair market value for poses of this subsection, a public communication elections occurring after January 1, 2022. the names or lists provided. For purposes of this shall not be considered to be a covered commu- nication with respect to a candidate for election Subtitle C—Disposal of Contributions or subparagraph, the term ‘election cycle’ means, Donations with respect to an election for Federal office, for an office other than the office of President SEC. 6201. TIMEFRAME FOR AND PRIORITIZATION the period beginning on the day after the date or Vice President unless it is publicly dissemi- nated or distributed in the jurisdiction of the of- OF DISPOSAL OF CONTRIBUTIONS of the most recent general election for that office OR DONATIONS. (or, if the general election resulted in a runoff fice the candidate is seeking. ‘‘(e) PENALTY.— Section 313 of the Federal Election Campaign election, the date of the runoff election) and ‘‘(1) DETERMINATION OF AMOUNT.—Any person Act of 1971 (52 U.S.C. 30114), as amended by sec- ending on the date of the next general election who knowingly and willfully commits a viola- tion 5113 and section 5302, is amended— for that office (or, if the general election re- tion of this Act by making a contribution which (1) by redesignating subsections (c), (d), and sulted in a runoff election, the date of the run- consists of a payment for a coordinated expendi- (e) as subsections (d), (e), and (f), respectively; off election). ture shall be fined an amount equal to the and ‘‘(C) The person is established, directed, or greater of— (2) by inserting after subsection (b) the fol- managed by the candidate or committee or by ‘‘(A) in the case of a person who makes a con- lowing new subsection: any person who, during the 4-year period end- tribution which consists of a payment for a co- ‘‘(c) DISPOSAL.— ing on the date on which the person makes the ordinated expenditure in an amount exceeding ‘‘(1) TIMEFRAME.—Contributions or donations payment, has been employed or retained as a the applicable contribution limit under this Act, described in subsection (a) may only be used— political, campaign media, or fundraising ad- 300 percent of the amount by which the amount ‘‘(A) in the case of an individual who is not viser or consultant for the candidate or com- of the payment made by the person exceeds such a candidate with respect to an election for any mittee or for any other entity directly or indi- applicable contribution limit; or Federal office for a 6-year period beginning on rectly controlled by the candidate or committee, ‘‘(B) in the case of a person who is prohibited the day after the date of the most recent such or has held a formal position with the candidate under this Act from making a contribution in election in which the individual was a can- or committee (including a position as an em- any amount, 300 percent of the amount of the didate for any such office, during such 6-year ployee of the office of the candidate at any time payment made by the person for the coordinated period; or the candidate held any Federal, State, or local expenditure. ‘‘(B) in the case of an individual who becomes public office during the 4-year period). ‘‘(2) JOINT AND SEVERAL LIABILITY.—Any di- a registered lobbyist under the Lobbying Disclo- ‘‘(D) The person has retained the professional rector, manager, or officer of a person who is sure Act of 1995, before the date on which such services of any person who, during the 2-year subject to a penalty under paragraph (1) shall individual becomes such a registered lobbyist. period ending on the date on which the person be jointly and severally liable for any amount of ‘‘(2) MEANS OF DISPOSAL; PRIORITIZATION.— makes the payment, has provided or is providing such penalty that is not paid by the person Beginning on the date the 6-year period de- professional services relating to the campaign to prior to the expiration of the 1-year period scribed in subparagraph (A) of paragraph (1) the candidate or committee, without regard to which begins on the date the Commission im- ends (or, in the case of an individual described whether the person providing the professional poses the penalty or the 1-year period which be- in subparagraph (B) of such paragraph, the services used a firewall. For purposes of this gins on the date of the final judgment following date on which the individual becomes a reg- subparagraph, the term ‘professional services’ any judicial review of the Commission’s action, istered lobbyist under the Lobbying Disclosure includes any services in support of the can- whichever is later.’’. Act of 1995), contributions or donations that re- didate’s or committee’s campaign activities, in- (c) EFFECTIVE DATE.— main available to an individual described in cluding advertising, message, strategy, policy, (1) REPEAL OF EXISTING REGULATIONS ON CO- such paragraph shall be disposed of, not later polling, allocation of resources, fundraising, ORDINATION.—Effective upon the expiration of than 30 days after such date, as follows: and campaign operations, but does not include the 90-day period which begins on the date of ‘‘(A) First, to pay any debts or obligations accounting or legal services. the enactment of this Act— owed in connection with the campaign for elec- ‘‘(E) The person is established, directed, or (A) the regulations on coordinated commu- tion for Federal office of the individual. managed by a member of the immediate family nications adopted by the Federal Election Com- ‘‘(B) Second, to the extent such contribution of the candidate, or the person or any officer or mission which are in effect on the date of the or donations remain available after the applica- agent of the person has had more than inci- enactment of this Act (as set forth in 11 CFR tion of subparagraph (A), through any of the dental discussions about the candidate’s cam- Part 109, Subpart C, under the heading ‘‘Co- following means of disposal (or a combination paign with a member of the immediate family of ordination’’) are repealed; and thereof), in any order the individual considers the candidate. For purposes of this subpara- (B) the Federal Election Commission shall appropriate: graph, the term ‘immediate family’ has the promulgate new regulations on coordinated ‘‘(i) Returning such contributions or dona- meaning given such term in section 9004(e) of communications which reflect the amendments tions to the individuals, entities, or both, who the Internal Revenue Code of 1986. made by this Act. made such contributions or donations.

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‘‘(ii) Making contributions to an organization Subtitle C—Lobbying Disclosure Reform ‘‘(2) SUPPLEMENTS.—Whoever fails to file time- described in section 170(c) of the Internal Rev- Sec. 7201. Expanding scope of individuals and ly or complete supplements as provided under enue Code of 1986. activities subject to requirements section 2(b) shall be subject to a civil money ‘‘(iii) Making transfers to a national, State, or of Lobbying Disclosure Act of penalty of not more than $1,000 per violation. local committee of a political party.’’. 1995. ‘‘(3) OTHER VIOLATIONS.—Whoever knowingly SEC. 6202. 1-YEAR TRANSITION PERIOD FOR CER- Sec. 7202. Prohibiting receipt of compensation fails to— TAIN INDIVIDUALS. for lobbying activities on behalf of ‘‘(A) remedy a defective filing within 60 days (a) IN GENERAL.—In the case of an individual foreign countries violating human after notice of such defect by the Attorney Gen- described in subsection (b), any contributions or rights. eral; or donations remaining available to the individual Sec. 7203. Requiring lobbyists to disclose status ‘‘(B) comply with any other provision of this shall be disposed of— as lobbyists upon making any lob- Act, (1) not later than one year after the date of bying contacts. shall upon proof of such knowing violation by a preponderance of the evidence, be subject to a the enactment of this section; and Subtitle D—Recusal of Presidential Appointees (2) in accordance with the prioritization speci- civil money penalty of not more than $200,000, fied in subparagraphs (A) through (D) of sub- Sec. 7301. Recusal of appointees. depending on the extent and gravity of the vio- section (c)(2) of section 313 of the Federal Elec- Subtitle E—Clearinghouse on Lobbying lation. tion Campaign Act of 1971 (52 U.S.C. 30114), as Information ‘‘(4) NO FINES PAID BY FOREIGN PRINCIPALS.— amended by section 6201. Sec. 7401. Establishment of clearinghouse. A civil money penalty paid under paragraph (1) (b) INDIVIDUALS DESCRIBED.—An individual Subtitle F—Severability may not be paid, directly or indirectly, by a for- described in this subsection is an individual eign principal. Sec. 7501. Severability. who, as of the date of the enactment of this sec- ‘‘(5) USE OF FINES.—All civil money penalties tion— Subtitle A—Supreme Court Ethics collected under this subsection shall be used to (1)(A) is not a candidate with respect to an SEC. 7001. CODE OF CONDUCT FOR FEDERAL defray the cost of the enforcement unit estab- election for any Federal office for a period of JUDGES. lished under subsection (i).’’. not less than 6 years beginning on the day after (a) IN GENERAL.—Chapter 57 of title 28, (b) EFFECTIVE DATE.—The amendment made the date of the most recent such election in United States Code, is amended by adding at the by subsection (a) shall take effect on the date of which the individual was a candidate for any end the following: the enactment of this Act. such office; or ‘‘§ 964. Code of conduct SEC. 7103. DISCLOSURE OF TRANSACTIONS IN- (B) is an individual who becomes a registered ‘‘Not later than one year after the date of the VOLVING THINGS OF FINANCIAL lobbyist under the Lobbying Disclosure Act of VALUE CONFERRED ON OFFICE- enactment of this section, the Judicial Con- 1995; and HOLDERS. ference shall issue a code of conduct, which ap- (2) would be in violation of subsection (c) of (a) REQUIRING AGENTS TO DISCLOSE KNOWN plies to each justice and judge of the United section 313 of the Federal Election Campaign TRANSACTIONS.— States, except that the code of conduct may in- Act of 1971 (52 U.S.C. 30114), as amended by sec- (1) IN GENERAL.—Section 2(a) of the Foreign clude provisions that are applicable only to cer- tion 6201. Agents Registration Act of 1938, as amended (22 tain categories of judges or justices.’’. U.S.C. 612(a)) is amended— Subtitle D—Recommendations to Ensure (b) CLERICAL AMENDMENT.—The table of sec- Filing of Reports Before Date of Election (A) by redesignating paragraphs (10) and (11) tions for chapter 57 of title 28, United States as paragraphs (11) and (12); and SEC. 6301. RECOMMENDATIONS TO ENSURE FIL- Code, is amended by adding after the item re- (B) by inserting after paragraph (9) the fol- ING OF REPORTS BEFORE DATE OF lated to section 963 the following: ELECTION. lowing new paragraph: ‘‘964. Code of conduct.’’. Not later than 180 days after the date of the ‘‘(10) To the extent that the registrant has enactment of this Act, the Federal Election Subtitle B—Foreign Agents Registration knowledge of any transaction which occurred in the preceding 60 days and in which the foreign Commission shall submit a report to Congress SEC. 7101. ESTABLISHMENT OF FARA INVESTIGA- providing recommendations, including rec- TION AND ENFORCEMENT UNIT principal for whom the registrant is acting as an ommendations for changes to existing law, on WITHIN DEPARTMENT OF JUSTICE. agent conferred on a Federal or State office- how to ensure that each political committee Section 8 of the Foreign Agents Registration holder any thing of financial value, including a under the Federal Election Campaign Act of Act of 1938, as amended (22 U.S.C. 618) is gift, profit, salary, favorable regulatory treat- 1971, including a committee which accepts dona- amended by adding at the end the following ment, or any other direct or indirect economic or tions or contributions that do not comply with new subsection: financial benefit, a detailed statement describ- the limitations, prohibitions, and reporting re- ‘‘(i) DEDICATED ENFORCEMENT UNIT.— ing each such transaction.’’. (2) EFFECTIVE DATE.—The amendments made quirements of such Act, will file a report under ‘‘(1) ESTABLISHMENT.—Not later than 180 days by paragraph (1) shall apply with respect to section 304 of such Act prior to the date of the after the date of enactment of this subsection, statements filed on or after the expiration of the election for which the committee receives con- the Attorney General shall establish a unit 90-day period which begins on the date of the tributions or makes disbursements, without re- within the counterespionage section of the Na- enactment of this Act. gard to the date on which the committee first tional Security Division of the Department of (b) SUPPLEMENTAL DISCLOSURE FOR CURRENT registered under such Act, and shall include Justice with responsibility for the enforcement REGISTRANTS.—Not later than the expiration of specific recommendations to ensure that such of this Act. the 90-day period which begins on the date of committees will not delay until after the date of ‘‘(2) POWERS.—The unit established under this the enactment of this Act, each registrant who the election the reporting of the identification of subsection is authorized to— (prior to the expiration of such period) filed a persons making contributions that will be used ‘‘(A) take appropriate legal action against in- registration statement with the Attorney Gen- to repay debt incurred by the committee. dividuals suspected of violating this Act; and ‘‘(B) coordinate any such legal action with eral under section 2(a) of the Foreign Agents Subtitle E—Severability the United States Attorney for the relevant ju- Registration Act of 1938, as amended (22 U.S.C. SEC. 6401. SEVERABILITY. risdiction. 612(a)) and who has knowledge of any trans- If any provision of this title or amendment ‘‘(3) CONSULTATION.—In operating the unit es- action described in paragraph (10) of section made by this title, or the application of a provi- tablished under this subsection, the Attorney 2(a) of such Act (as added by subsection (a)(1)) sion or amendment to any person or cir- General shall, as appropriate, consult with the which occurred at any time during which the cumstance, is held to be unconstitutional, the Director of National Intelligence, the Secretary registrant was an agent of the foreign principal remainder of this title and amendments made by of Homeland Security, and the Secretary of involved, shall file with the Attorney General a this title, and the application of the provisions State. supplement to such statement under oath, on a and amendment to any person or circumstance, ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— form prescribed by the Attorney General, con- shall not be affected by the holding. There are authorized to be appropriated to carry taining a detailed statement describing each DIVISION C—ETHICS out the activities of the unit established under such transaction. TITLE VII—ETHICAL STANDARDS this subsection $10,000,000 for fiscal year 2021 SEC. 7104. ENSURING ONLINE ACCESS TO REG- and each succeeding fiscal year.’’. ISTRATION STATEMENTS. Subtitle A—Supreme Court Ethics SEC. 7102. AUTHORITY TO IMPOSE CIVIL MONEY (a) REQUIRING STATEMENTS FILED BY REG- Sec. 7001. Code of conduct for Federal judges. PENALTIES. ISTRANTS TO BEINDIGITIZED FORMAT.—Section Subtitle B—Foreign Agents Registration (a) ESTABLISHING AUTHORITY.—Section 8 of 2(g) of the Foreign Agents Registration Act of Sec. 7101. Establishment of FARA investigation the Foreign Agents Registration Act of 1938, as 1938, as amended (22 U.S.C. 612(g)) is amended and enforcement unit within De- amended (22 U.S.C. 618) is amended by inserting by striking ‘‘in electronic form’’ and inserting partment of Justice. after subsection (c) the following new sub- ‘‘in a digitized format which will enable the At- Sec. 7102. Authority to impose civil money pen- section: torney General to meet the requirements of sec- alties. ‘‘(d) CIVIL MONEY PENALTIES.— tion 6(d)(1) (relating to public access to an elec- Sec. 7103. Disclosure of transactions involving ‘‘(1) REGISTRATION STATEMENTS.—Whoever tronic database of statements and updates)’’. things of financial value con- fails to file timely or complete a registration (b) REQUIREMENTS FOR ELECTRONIC DATABASE ferred on officeholders. statement as provided under section 2(a) shall OF REGISTRATION STATEMENTS AND UPDATES.— Sec. 7104. Ensuring online access to registration be subject to a civil money penalty of not more Section 6(d)(1) of such Act (22 U.S.C. 616(d)(1)) statements. than $10,000 per violation. is amended—

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00078 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H963 (1) in the matter preceding subparagraph (A), (b) EFFECTIVE DATE.—The amendments made Subtitle E—Clearinghouse on Lobbying by striking ‘‘to the extent technically prac- by this section shall apply with respect to lob- Information ticable,’’; and bying activity under the Lobbying Disclosure SEC. 7401. ESTABLISHMENT OF CLEARINGHOUSE. (2) in subparagraph (A), by striking ‘‘includes Act of 1995 which occurs pursuant to contracts (a) ESTABLISHMENT.—The Attorney General the information’’ and inserting ‘‘includes in a entered into on or after the date of the enact- shall establish and operate within the Depart- digitized format the information’’. ment of this Act. ment of Justice a clearinghouse through which (c) EFFECTIVE DATE.—The amendments made SEC. 7203. REQUIRING LOBBYISTS TO DISCLOSE members of the public may obtain copies (in- by this section shall apply with respect to state- STATUS AS LOBBYISTS UPON MAK- cluding in electronic form) of registration state- ments filed on or after the expiration of the 180- ING ANY LOBBYING CONTACTS. ments filed under the Lobbying Disclosure Act day period which begins on the date of the en- (a) MANDATORY DISCLOSURE AT TIME OF CON- of 1995 (2 U.S.C. 1601 et seq.) and the Foreign actment of this Act. TACT.—Section 14 of the Lobbying Disclosure Agents Registration Act of 1938, as amended (22 Subtitle C—Lobbying Disclosure Reform Act of 1995 (2 U.S.C. 1609) is amended— U.S.C. 611 et seq.). SEC. 7201. EXPANDING SCOPE OF INDIVIDUALS (1) by striking subsections (a) and (b) and in- (b) FORMAT.—The Attorney General shall en- AND ACTIVITIES SUBJECT TO RE- serting the following: sure that the information in the clearinghouse QUIREMENTS OF LOBBYING DISCLO- ‘‘(a) REQUIRING IDENTIFICATION AT TIME OF established under this Act is maintained in a SURE ACT OF 1995. LOBBYING CONTACT.—Any person or entity that searchable and sortable format. (a) COVERAGE OF INDIVIDUALS PROVIDING makes a lobbying contact with a covered legisla- (c) AGREEMENTS WITH CLERK OF HOUSE AND COUNSELING SERVICES.— tive branch official or a covered executive SECRETARY OF THE SENATE.—The Attorney Gen- (1) TREATMENT OF COUNSELING SERVICES IN branch official shall, at the time of the lobbying eral shall enter into such agreements with the SUPPORT OF LOBBYING CONTACTS AS LOBBYING contact— Clerk of the House of Representatives and the ACTIVITY.—Section 3(7) of the Lobbying Disclo- ‘‘(1) indicate whether the person or entity is Secretary of the Senate as may be necessary for sure Act of 1995 (2 U.S.C. 1602(7)) is amended— registered under this chapter and identify the (A) by striking ‘‘efforts’’ and inserting ‘‘any the Attorney General to obtain registration client on whose behalf the lobbying contact is statements filed with the Clerk and the Sec- efforts’’; and made; and (B) by striking ‘‘research and other back- retary under the Lobbying Disclosure Act of ‘‘(2) indicate whether such client is a foreign ground work’’ and inserting the following: 1995 for inclusion in the clearinghouse. entity and identify any foreign entity required ‘‘counseling in support of such preparation and Subtitle F—Severability to be disclosed under section 4(b)(4) that has a planning activities, research, and other back- direct interest in the outcome of the lobbying ac- SEC. 7501. SEVERABILITY. ground work’’. tivity.’’; and If any provision of this title or amendment (2) TREATMENT OF LOBBYING CONTACT MADE (2) by redesignating subsection (c) as sub- made by this title, or the application of a provi- WITH SUPPORT OF COUNSELING SERVICES AS LOB- section (b). sion or amendment to any person or cir- BYING CONTACT MADE BY INDIVIDUAL PROVIDING (b) EFFECTIVE DATE.—The amendment made cumstance, is held to be unconstitutional, the SERVICES.—Section 3(8) of such Act (2 U.S.C. by subsection (a) shall apply with respect to lob- remainder of this title and amendments made by 1602(8)) is amended by adding at the end the fol- bying contacts made on or after the date of the this title, and the application of the provisions lowing new subparagraph: enactment of this Act. and amendment to any person or circumstance, ‘‘(C) TREATMENT OF PROVIDERS OF COUN- shall not be affected by the holding. SELING SERVICES.—Any individual, with author- Subtitle D—Recusal of Presidential ity to direct or substantially influence a lob- Appointees TITLE VIII—ETHICS REFORMS FOR THE PRESIDENT, VICE PRESIDENT, AND FED- bying contact or contacts made by another indi- SEC. 7301. RECUSAL OF APPOINTEES. ERAL OFFICERS AND EMPLOYEES vidual, and for financial or other compensation Section 208 of title 18, United States Code, is Subtitle A—Executive Branch Conflict of provides counseling services in support of prepa- amended by adding at the end the following: ration and planning activities which are treated ‘‘(e)(1) Any officer or employee appointed by Interest as lobbying activities under paragraph (7) for the President shall recuse himself or herself Sec. 8001. Short title. that other individual’s lobbying contact or con- from any particular matter involving specific Sec. 8002. Restrictions on private sector pay- tacts and who has knowledge that the specific parties in which a party to that matter is— ment for government service. lobbying contact or contacts were made, shall be ‘‘(A) the President who appointed the officer Sec. 8003. Requirements relating to slowing the considered to have made the same lobbying con- or employee, which shall include any entity in revolving door. tact at the same time and in the same manner to which the President has a substantial interest; Sec. 8004. Prohibition of procurement officers the covered executive branch official or covered or accepting employment from gov- legislative branch official involved.’’. ‘‘(B) the spouse of the President who ap- ernment contractors. Sec. 8005. Revolving door restrictions on em- (b) REDUCTION OF PERCENTAGE EXEMPTION pointed the officer or employee, which shall in- ployees moving into the private FOR DETERMINATION OF THRESHOLD OF LOB- clude any entity in which the spouse of the sector. BYING CONTACTS REQUIRED FOR INDIVIDUALS TO President has a substantial interest. Sec. 8006. Guidance on unpaid employees. REGISTER AS LOBBYISTS.—Section 3(10) of such ‘‘(2)(A) Subject to subparagraph (B), if an of- Act (2 U.S.C. 1602(10)) is amended by striking Sec. 8007. Limitation on use of Federal funds ficer or employee is recused under paragraph and contracting at businesses ‘‘less than 20 percent’’ and inserting ‘‘less than (1), a career appointee in the agency of the offi- 10 percent’’. owned by certain Government of- cer or employee shall perform the functions and ficers and employees. (c) EFFECTIVE DATE.—The amendments made duties of the officer or employee with respect to by this section shall apply with respect to lob- the matter. Subtitle B—Presidential Conflicts of Interest bying contacts made on or after the date of the ‘‘(B)(i) In this subparagraph, the term ‘Com- Sec. 8011. Short title. enactment of this Act. mission’ means a board, commission, or other Sec. 8012. Divestiture of personal financial in- SEC. 7202. PROHIBITING RECEIPT OF COMPENSA- agency for which the authority of the agency is terests of the President and Vice TION FOR LOBBYING ACTIVITIES ON vested in more than 1 member. President that pose a potential BEHALF OF FOREIGN COUNTRIES conflict of interest. VIOLATING HUMAN RIGHTS. ‘‘(ii) If the recusal of a member of a Commis- sion from a matter under paragraph (1) would Sec. 8013. Initial financial disclosure. (a) PROHIBITION.—The Lobbying Disclosure Sec. 8014. Contracts by the President or Vice Act of 1995 (2 U.S.C. 1601 et seq.) is amended by result in there not being a statutorily required quorum of members of the Commission available President. inserting after section 5 the following new sec- Sec. 8015. Legal Defense Funds. tion: to participate in the matter, notwithstanding such statute or any other provision of law, the Subtitle C—White House Ethics Transparency ‘‘SEC. 5A. PROHIBITING RECEIPT OF COMPENSA- TION FOR LOBBYING ACTIVITIES ON members of the Commission not recused under Sec. 8021. Short title. BEHALF OF FOREIGN COUNTRIES paragraph (1) may— Sec. 8022. Procedure for waivers and authoriza- VIOLATING HUMAN RIGHTS. ‘‘(I) consider the matter without regard to the tions relating to ethics require- ‘‘(a) PROHIBITION.—Notwithstanding any quorum requirement under such statute; ments. other provision of this Act, no person may ac- ‘‘(II) delegate the authorities and responsibil- Subtitle D—Executive Branch Ethics cept financial or other compensation for lob- ities of the Commission with respect to the mat- Enforcement bying activity under this Act on behalf of a cli- ter to a subcommittee of the Commission; or Sec. 8031. Short title. ent who is a government which the President ‘‘(III) designate an officer or employee of the Sec. 8032. Reauthorization of the Office of Gov- has determined is a government that engages in Commission who was not appointed by the ernment Ethics. gross violations of human rights. President who appointed the member of the Sec. 8033. Tenure of the Director of the Office ‘‘(b) CLARIFICATION OF TREATMENT OF DIPLO- Commission recused from the matter to exercise of Government Ethics. MATIC OR CONSULAR OFFICERS.—Nothing in this the authorities and duties of the recused member Sec. 8034. Duties of Director of the Office of section may be construed to affect any activity with respect to the matter. Government Ethics. of a duly accredited diplomatic or consular offi- ‘‘(3) Any officer or employee who violates Sec. 8035. Agency ethics officials training and cer of a foreign government who is so recognized paragraph (1) shall be subject to the penalties duties. by the Department of State, while said officer is set forth in section 216. Sec. 8036. Prohibition on use of funds for cer- engaged in activities which are recognized by ‘‘(4) For purposes of this section, the term tain Federal employee travel in the Department of State as being within the ‘particular matter’ shall have the meaning given contravention of certain regula- scope of the functions of such officer.’’. the term in section 207(i).’’. tions.

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00079 Fmt 7634 Sfmt 6343 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H964 CONGRESSIONAL RECORD — HOUSE March 2, 2021 Sec. 8037. Reports on cost of Presidential travel. ered employee begins service in the Federal Gov- more than 30 calendar days after the waiver was Sec. 8038. Reports on cost of senior Federal offi- ernment; and granted. cial travel. ‘‘(B) does not include any agency or instru- ‘‘§ 603. Penalties and injunctions mentality of the Federal Government. Subtitle E—Conflicts From Political Fundraising ‘‘(a) CRIMINAL PENALTIES.— ‘‘(6) FORMER EMPLOYER.—The term ‘former Sec. 8041. Short title. employer’— ‘‘(1) IN GENERAL.—Any person who violates Sec. 8042. Disclosure of certain types of con- ‘‘(A) means a person for whom a covered em- section 602 shall be fined under title 18, United tributions. ployee served as an employee, officer, director, States Code, imprisoned for not more than 1 Subtitle F—Transition Team Ethics trustee, agent, attorney, consultant, or con- year, or both. Sec. 8051. Short title. tractor during the 2 year period ending on the ‘‘(2) WILLFUL VIOLATIONS.—Any person who Sec. 8052. Presidential transition ethics pro- date before the date on which the covered em- willfully violates section 602 shall be fined under grams. ployee begins service in the Federal Govern- title 18, United States Code, imprisoned for not more than 5 years, or both. Subtitle G—Ethics Pledge For Senior Executive ment; and ‘‘(b) CIVIL ENFORCEMENT.— Branch Employees ‘‘(B) does not include— ‘‘(i) an entity in the Federal Government, in- ‘‘(1) IN GENERAL.—The Attorney General may Sec. 8061. Short title. cluding an executive branch agency; bring a civil action in an appropriate district Sec. 8062. Ethics pledge requirement for senior ‘‘(ii) a State or local government; court of the United States against any person executive branch employees. ‘‘(iii) the District of Columbia; who violates, or whom the Attorney General has Subtitle H—Travel on Private Aircraft by Senior ‘‘(iv) an Indian tribe, as defined in section 4 reason to believe is engaging in conduct that Political Appointees of the Indian Self-Determination and Education violates, section 602. Sec. 8071. Short title. Assistance Act (25 U.S.C. 5304); or ‘‘(2) CIVIL PENALTY.— Sec. 8072. Prohibition on use of funds for travel ‘‘(v) the government of a territory or posses- ‘‘(A) IN GENERAL.—If the court finds by a pre- on private aircraft. sion of the United States. ponderance of the evidence that a person vio- ‘‘(7) PARTICULAR MATTER.—The term ‘par- lated section 602, the court shall impose a civil Subtitle I—Severability ticular matter’ has the meaning given that term penalty of not more than the greater of— Sec. 8081. Severability. in section 207(i) of title 18, United States Code. ‘‘(i) $100,000 for each violation; or Subtitle A—Executive Branch Conflict of ‘‘§ 602. Conflict of interest and eligibility ‘‘(ii) the amount of compensation the person Interest standards received or was offered for the conduct consti- tuting the violation. SEC. 8001. SHORT TITLE. ‘‘(a) IN GENERAL.—A covered employee may ‘‘(B) RULE OF CONSTRUCTION.—A civil penalty This subtitle may be cited as the ‘‘Executive not participate personally and substantially in under this subsection may be in addition to any Branch Conflict of Interest Act’’. a particular matter in which the covered em- other criminal or civil statutory, common law, or SEC. 8002. RESTRICTIONS ON PRIVATE SECTOR ployee knows or reasonably should have known administrative remedy available to the United PAYMENT FOR GOVERNMENT SERV- that a former employer or former client of the States or any other person. ICE. covered employee has a financial interest. ‘‘(3) INJUNCTIVE RELIEF.— Section 209 of title 18, United States Code, is ‘‘(b) WAIVER.— ‘‘(A) IN GENERAL.—In a civil action brought amended— ‘‘(1) IN GENERAL.— (1) in subsection (a); ‘‘(A) AGENCY HEADS.—With respect to the under paragraph (1) against a person, the At- (A) by striking ‘‘any salary’’ and inserting head of a covered agency who is a covered em- torney General may petition the court for an ‘‘any salary (including a bonus)’’; and ployee, the Designated Agency Ethics Official order prohibiting the person from engaging in (B) by striking ‘‘as compensation for his serv- for the Executive Office of the President, in con- conduct that violates section 602. ices’’ and inserting ‘‘at any time, as compensa- sultation with the Director, may grant a written ‘‘(B) STANDARD.—The court may issue an tion for serving’’; and waiver of the restrictions under subsection (a) order under subparagraph (A) if the court finds (2) in subsection (b)— before the head engages in the action otherwise by a preponderance of the evidence that the (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and prohibited by such subsection if the Designated conduct of the person violates section 602. (B) by adding at the end the following: Agency Ethics Official for the Executive Office ‘‘(C) RULE OF CONSTRUCTION.—The filing of a ‘‘(2) For purposes of paragraph (1), a pension, of the President determines and certifies in writ- petition seeking injunctive relief under this retirement, group life, health or accident insur- ing that, in light of all the relevant cir- paragraph shall not preclude any other remedy ance, profit-sharing, stock bonus, or other em- cumstances, the interest of the Federal Govern- that is available by law to the United States or ployee welfare or benefit plan that makes pay- ment in the head’s participation outweighs the any other person.’’. ment of any portion of compensation contingent concern that a reasonable person may question SEC. 8004. PROHIBITION OF PROCUREMENT OFFI- on accepting a position in the United States the integrity of the agency’s programs or oper- CERS ACCEPTING EMPLOYMENT FROM GOVERNMENT CONTRACTORS. Government shall not be considered bona fide.’’. ations. (a) EXPANSION OF PROHIBITION ON ACCEPT- SEC. 8003. REQUIREMENTS RELATING TO SLOW- ‘‘(B) OTHER COVERED EMPLOYEES.—With re- ING THE REVOLVING DOOR. spect to any covered employee not covered by ANCE BY FORMER OFFICIALS OF COMPENSATION (a) IN GENERAL.—The Ethics in Government subparagraph (A), the head of the covered agen- FROM CONTRACTORS.—Section 2104 of title 41, Act of 1978 (5 U.S.C. App.) is amended by add- cy employing the covered employee, in consulta- United States Code, is amended— ing at the end the following: tion with the Director, may grant a written (1) in subsection (a)— waiver of the restrictions under subsection (a) (A) in the matter preceding paragraph (1)— ‘‘TITLE VI—ENHANCED REQUIREMENTS (i) by striking ‘‘or consultant’’ and inserting FOR CERTAIN EMPLOYEES before the covered employee engages in the ac- tion otherwise prohibited by such subsection if ‘‘attorney, consultant, subcontractor, or lob- ‘‘§ 601. Definitions the head of the covered agency determines and byist’’; and ‘‘In this title: certifies in writing that, in light of all the rel- (ii) by striking ‘‘one year’’ and inserting ‘‘2 ‘‘(1) COVERED AGENCY.—The term ‘covered evant circumstances, the interest of the Federal years’’; and agency’— Government in the covered employee’s participa- (B) in paragraph (3), by striking ‘‘personally ‘‘(A) means an Executive agency, as defined tion outweighs the concern that a reasonable made for the Federal agency’’ and inserting in section 105 of title 5, United States Code, the person may question the integrity of the agen- ‘‘participated personally and substantially in’’; Postal Service and the Postal Rate Commission, cy’s programs or operations. and but does not include the Government Account- ‘‘(2) PUBLICATION.—For any waiver granted (2) by striking subsection (b) and inserting the ability Office or the Government of the District under paragraph (1), the individual who grant- following: of Columbia; and ed the waiver shall— ‘‘(b) PROHIBITION ON COMPENSATION FROM ‘‘(B) shall include the Executive Office of the ‘‘(A) provide a copy of the waiver to the Di- AFFILIATES AND SUBCONTRACTORS.—A former of- President. rector not more than 48 hours after the waiver ficial responsible for a Government contract re- ‘‘(2) COVERED EMPLOYEE.—The term ‘covered is granted; and ferred to in paragraph (1), (2), or (3) of sub- employee’ means an officer or employee referred ‘‘(B) publish the waiver on the website of the section (a) may not accept compensation for 2 to in paragraph (2) of section 207(c) or para- applicable agency not more than 30 calendar years after awarding the contract from any divi- graph (1) of section 207(d) of title 18, United days after granting such waiver. sion, affiliate, or subcontractor of the con- States Code. ‘‘(3) REVIEW.—Upon receiving a written waiv- tractor.’’. ‘‘(3) DIRECTOR.—The term ‘Director’ means er under paragraph (1)(A), the Director shall— (b) REQUIREMENT FOR PROCUREMENT OFFI- the Director of the Office of Government Ethics. ‘‘(A) review the waiver to determine whether CERS TO DISCLOSE JOB OFFERS MADE TO REL- ‘‘(4) EXECUTIVE BRANCH.—The term ‘executive the Director has any objection to the issuance of ATIVES.—Section 2103(a) of title 41, United branch’ has the meaning given that term in sec- the waiver; and States Code, is amended in the matter preceding tion 109. ‘‘(B) if the Director so objects— paragraph (1) by inserting after ‘‘that official’’ ‘‘(5) FORMER CLIENT.—The term ‘former cli- ‘‘(i) provide reasons for the objection in writ- the following: ‘‘, or for a relative (as defined in ent’— ing to the head of the agency who granted the section 3110 of title 5) of that official,’’. ‘‘(A) means a person for whom a covered em- waiver not more than 15 calendar days after the (c) REQUIREMENT ON AWARD OF GOVERNMENT ployee served personally as an agent, attorney, waiver was granted; and CONTRACTS TO FORMER EMPLOYERS.— or consultant during the 2-year period ending ‘‘(ii) publish the written objection on the (1) IN GENERAL.—Chapter 21 of division B of on the date before the date on which the cov- website of the Office of Government Ethics not subtitle I of title 41, United States Code, is

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00080 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H965 amended by adding at the end the following with a business owned or controlled by a cov- U.S.C. App.) is amended by adding at the end new section: ered individual or any family member of such an the following: ‘‘§ 2108. Prohibition on involvement by certain individual. ‘‘(9) With respect to any such report filed by former contractor employees in procure- (c) DETERMINATION OF OWNERSHIP.—For pur- the President or Vice President, for any cor- ments poses of this section, a business shall be deemed poration, company, firm, partnership, or other ‘‘An employee of the Federal Government may to be owned or controlled by a covered indi- business enterprise in which the President, Vice not participate personally and substantially in vidual or any family member of such an indi- President, or the spouse or dependent child of any award of a contract to, or the administra- vidual if the covered individual or member of the President or Vice President, has a signifi- tion of a contract awarded to, a contractor that family (as the case may be)— cant financial interest— ‘‘(A) the name of each other person who holds is a former employer of the employee during the (1) is a member of the board of directors or a significant financial interest in the firm, part- 2-year period beginning on the date on which similar governing body of the business; nership, association, corporation, or other enti- the employee leaves the employment of the con- (2) directly or indirectly owns or controls more ty; tractor.’’. than 50 percent of the voting shares of the busi- ‘‘(B) the value, identity, and category of each (2) TECHNICAL AND CONFORMING AMEND- ness; or liability in excess of $10,000; and MENT.—The table of sections for chapter 21 of (3) is the beneficiary of a trust which owns or ‘‘(C) a description of the nature and value of title 41, United States Code, is amended by add- controls more than 50 percent of the business any assets with a value of $10,000 or more.’’. ing at the end the following new item: and can direct distributions under the terms of the trust. (c) REGULATIONS.—Not later than 120 days ‘‘2108. Prohibition on involvement by cer- (d) DEFINITIONS.—In this section: after the date of enactment of this Act, the Di- tain former contractor employees (1) COVERED INDIVIDUAL.—The term ‘‘covered rector of the Office of Government Ethics shall in procurements.’’. individual’’ means— promulgate regulations to define the criteria re- (d) REGULATIONS.—The Director of the Office quired by section 701(a)(1) of the Ethics in Gov- of Government Ethics, in consultation with the (A) the President; (B) the Vice President; ernment Act of 1978 (as added by subsection (a)) Administrator of General Services, shall promul- and the term ‘‘significant financial interest’’ for gate regulations to carry out and ensure the en- (C) the head of any Executive department (as that term is defined in section 101 of title 5, purposes of section 102(a)(9) of the Ethics in forcement of chapter 21 of title 41, United States Government Act (as added by subsection (b)). Code, as amended by this section. United States Code); and SEC. 8013. INITIAL FINANCIAL DISCLOSURE. (e) MONITORING AND COMPLIANCE.—The Ad- (D) any individual occupying a position des- Subsection (a) of section 101 of the Ethics in ministrator of General Services, in consultation ignated by the President as a Cabinet-level posi- Government Act of 1978 (5 U.S.C. App.) is with designated agency ethics officials (as that tion. amended by striking ‘‘position’’ and adding at term is defined in section 109(3) of the Ethics in (2) FAMILY MEMBER.—The term ‘‘family mem- the end the following: ‘‘position, with the excep- Government Act of 1978 (5 U.S.C. App.)), shall ber’’ means an individual with any of the fol- tion of the President and Vice President, who monitor compliance with such chapter 21 by in- lowing relationships to a covered individual: must file a new report.’’. dividuals and agencies. (A) Spouse, and parents thereof. SEC. 8014. CONTRACTS BY THE PRESIDENT OR SEC. 8005. REVOLVING DOOR RESTRICTIONS ON (B) Sons and daughters, and spouses thereof. VICE PRESIDENT. EMPLOYEES MOVING INTO THE PRI- (C) Parents, and spouses thereof. VATE SECTOR. (D) Brothers and sisters, and spouses thereof. (a) AMENDMENT.—Section 431 of title 18, (a) IN GENERAL.—Subsection (c) of section 207 (E) Grandparents and grandchildren, and United States Code, is amended— of title 18, United States Code, is amended— spouses thereof. (1) in the section heading, by inserting ‘‘the (1) in the subsection heading, by striking (F) Domestic partner and parents thereof, in- President, Vice President, Cabinet Member, or ‘‘ONE-YEAR’’ and inserting ‘‘TWO-YEAR’’; cluding domestic partners of any individual in a’’ after ‘‘Contracts by’’; and (2) in paragraph (1)— subparagraphs (A) through (E). (2) in the first undesignated paragraph, by in- (A) by striking ‘‘1 year’’ in each instance and (3) EXECUTIVE AGENCY.—The term ‘‘Executive serting ‘‘the President, Vice President, or any inserting ‘‘2 years’’; and agency’’ has the meaning given that term in sec- Cabinet member’’ after ‘‘Whoever, being’’. (B) by inserting ‘‘, or conducts any lobbying tion 105 of title 5, United States Code. (b) TABLE OF SECTIONS AMENDMENT.—The table of sections for chapter 23 of title 18, United activity to facilitate any communication to or Subtitle B—Presidential Conflicts of Interest appearance before,’’ after ‘‘any communication States Code, is amended by striking the item re- to or appearance before’’; and SEC. 8011. SHORT TITLE. lating to section 431 and inserting the following: (3) in paragraph (2)(B), by striking ‘‘1-year’’ This subtitle may be cited as the ‘‘Presidential ‘‘431. Contracts by the President, Vice Presi- and inserting ‘‘2-year’’. Conflicts of Interest Act of 2021’’. dent, or a Member of Congress.’’. (b) APPLICATION.—The amendments made by SEC. 8012. DIVESTITURE OF PERSONAL FINAN- SEC. 8015. LEGAL DEFENSE FUNDS. subsection (a) shall apply to any individual cov- CIAL INTERESTS OF THE PRESIDENT (a) DEFINITIONS.—In this section— ered by subsection (c) of section 207 of title 18, AND VICE PRESIDENT THAT POSE A (1) the term ‘‘Director’’ means the Director of United States Code, separating from the civil POTENTIAL CONFLICT OF INTEREST. the Office of Government Ethics; service on or after the date of enactment of this (a) IN GENERAL.—The Ethics in Government (2) the term ‘‘legal defense fund’’ means a Act. Act of 1978 (5 U.S.C. App.) is amended by add- trust— SEC. 8006. GUIDANCE ON UNPAID EMPLOYEES. ing after title VI (as added by section 8003) the (A) that has only one beneficiary; (a) IN GENERAL.—Not later than 120 days following: (B) that is subject to a trust agreement cre- after the date of enactment of this Act, the Di- ‘‘TITLE VII—DIVESTITURE OF FINANCIAL ating an enforceable fiduciary duty on the part rector of the Office of Government Ethics shall CONFLICTS OF INTERESTS OF THE of the trustee to the beneficiary, pursuant to the issue guidance on ethical standards applicable PRESIDENT AND VICE PRESIDENT applicable law of the jurisdiction in which the to unpaid employees of an agency. ‘‘§ 701. Divestiture of financial interests pos- trust is established; (b) DEFINITIONS.—In this section— ing a conflict of interest (C) that is subject to a trust agreement that (1) the term ‘‘agency’’ includes the Executive provides for the mandatory public disclosure of ‘‘(a) APPLICABILITY TO THE PRESIDENT AND Office of the President and the White House; all donations and disbursements; VICE PRESIDENT.—The President and Vice Presi- and (D) that is subject to a trust agreement that (2) the term ‘‘unpaid employee’’ includes any dent shall, within 30 days of assuming office, di- prohibits the use of its resources for any purpose individual occupying a position at an agency vest of all financial interests that pose a conflict other than— and who is unpaid by operation of section 3110 of interest because the President or Vice Presi- (i) the administration of the trust; of title 5, United States Code, or any other pro- dent, the spouse, dependent child, or general (ii) the payment or reimbursement of legal fees vision of law, but does not include any employee partner of the President or Vice President, or or expenses incurred in investigative, civil, who is unpaid due to a lapse in appropriations. any person or organization with whom the criminal, or other legal proceedings relating to President or Vice President is negotiating or has or arising by virtue of service by the trust’s ben- SEC. 8007. LIMITATION ON USE OF FEDERAL any arrangement concerning prospective em- FUNDS AND CONTRACTING AT BUSI- eficiary as an officer or employee, as defined in NESSES OWNED BY CERTAIN GOV- ployment, has a financial interest, by— this section, or as an employee, contractor, con- ERNMENT OFFICERS AND EMPLOY- ‘‘(1) converting each such interest to cash or sultant or volunteer of the campaign of the EES. other investment that meets the criteria estab- President or Vice President; or (a) LIMITATION ON FEDERAL FUNDS.—Begin- lished by the Director of the Office of Govern- (iii) the distribution of unused resources to a ning in fiscal year 2022 and in each fiscal year ment Ethics through regulation as being an in- charity selected by the trustee that has not been thereafter, no Federal funds may be obligated or terest so remote or inconsequential as not to selected or recommended by the beneficiary of expended for purposes of procuring goods or pose a conflict; or the trust; services at any business owned or controlled by ‘‘(2) placing each such interest in a qualified (E) that is subject to a trust agreement that a covered individual or any family member of blind trust as defined in section 102(f)(3) or a di- prohibits the use of its resources for any other such an individual, unless such obligation or versified trust under section 102(f)(4)(B). purpose or personal legal matters, including tax expenditure of funds is authorized under the ‘‘(b) DISCLOSURE EXEMPTION.—Subsection (a) planning, personal injury litigation, protection Presidential Protection Assistance Act of 1976 shall not apply if the President or Vice Presi- of property rights, divorces, or estate probate; (Public Law 94–524). dent complies with section 102.’’. and (b) PROHIBITION ON CONTRACTS.—No Execu- (b) ADDITIONAL DISCLOSURES.—Section 102(a) (F) that is subject to a trust agreement that tive agency may enter into or hold a contract of the Ethics in Government Act of 1978 (5 prohibits the acceptance of donations, except in

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00081 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H966 CONGRESSIONAL RECORD — HOUSE March 2, 2021 accordance with this section and the regulations submitted under paragraph (1) and approval of SEC. 8032. REAUTHORIZATION OF THE OFFICE OF of the Office of Government Ethics; the structure of the fund. GOVERNMENT ETHICS. (3) the term ‘‘lobbying activity’’ has the mean- (e) REPORTING.— Section 405 of the Ethics in Government Act of ing given that term in section 3 of the Lobbying (1) IN GENERAL.—An officer or employee who 1978 (5 U.S.C. App.) is amended by striking ‘‘fis- Disclosure Act of 1995 (2 U.S.C. 1602); establishes a legal defense fund may not directly cal year 2007’’ and inserting ‘‘fiscal years 2021 (4) the term ‘‘officer or employee’’ means— or indirectly accept distributions from a legal through 2025.’’. (A) an officer (as that term is defined in sec- defense fund unless the fund has provided the SEC. 8033. TENURE OF THE DIRECTOR OF THE OF- tion 2104 of title 5, United States Code) or em- Director a quarterly report for each quarter of FICE OF GOVERNMENT ETHICS. ployee (as that term is defined in section 2105 of every calendar year since the establishment of Section 401(b) of the Ethics in Government Act such title) of the executive branch of the Gov- the legal defense fund that discloses, with re- of 1978 (5 U.S.C. App.) is amended by striking ernment; spect to the quarter covered by the report— the period at the end and inserting ‘‘, subject to (B) the Vice President; and (A) the source and amount of each contribu- removal only for inefficiency, neglect of duty, or (C) the President; and tion to the legal defense fund; and malfeasance in office. The Director may con- (5) the term ‘‘relative’’ has the meaning given (B) the amount, recipient, and purpose of tinue to serve beyond the expiration of the term that term in section 3110 of title 5, United States each expenditure from the legal defense fund, until a successor is appointed and has qualified, Code. including all distributions from the trust for any except that the Director may not continue to (b) LEGAL DEFENSE FUNDS.—An officer or em- purpose. serve for more than one year after the date on (2) PUBLIC AVAILABILITY.—The Director shall ployee may not accept or use any gift or dona- which the term would otherwise expire under tion for the payment or reimbursement of legal make publicly available online— (A) each report submitted under paragraph (1) this subsection.’’. fees or expenses incurred in investigative, civil, in a searchable, sortable, and downloadable SEC. 8034. DUTIES OF DIRECTOR OF THE OFFICE criminal, or other legal proceedings relating to form; OF GOVERNMENT ETHICS. or arising by virtue of the officer or employee’s (B) each trust agreement and any amendment (a) IN GENERAL.—Section 402(a) of the Ethics service as an officer or employee, as defined in thereto; in Government Act of 1978 (5 U.S.C. App.) is this section, or as an employee, contractor, con- (C) the written notice and acknowledgment amended by striking ‘‘, in consultation with the sultant or volunteer of the campaign of the required by subsection (d); and Office of Personnel Management,’’. President or Vice President except through a (D) the Director’s written certification of the (b) RESPONSIBILITIES OF THE DIRECTOR.—Sec- legal defense fund that is certified by the Direc- legal defense fund. tion 402(b) of the Ethics in Government Act of tor of the Office of Government Ethics. (f) RECUSAL.—An officer or employee, other 1978 (5 U.S.C. App.) is amended— (c) LIMITS ON GIFTS AND DONATIONS.—Not than the President and the Vice President, who (1) in paragraph (1)— later than 120 days after the date of the enact- is the beneficiary of a legal defense fund may (A) by striking ‘‘developing, in consultation ment of this Act, the Director shall promulgate not participate personally and substantially in with the Attorney General and the Office of regulations establishing limits with respect to any particular matter in which the officer or Personnel Management, rules and regulations to gifts and donations described in subsection (b), employee knows a donor of any source of a gift be promulgated by the President or the Direc- which shall, at a minimum— or donation to the legal defense fund established tor’’ and inserting ‘‘developing and promul- (1) prohibit the receipt of any gift or donation for the officer or employee has a financial inter- gating rules and regulations’’; and described in subsection (b)— est, for a period of two years from the date of (B) by striking ‘‘title II’’ and inserting ‘‘title (A) from a single contributor (other than a the most recent gift or donation to the legal de- I’’; relative of the officer or employee) in a total fense fund. (2) by striking paragraph (2) and inserting the amount of more than $5,000 during any calendar Subtitle C—White House Ethics Transparency following: year; SEC. 8021. SHORT TITLE. ‘‘(2) providing mandatory education and (B) from a registered lobbyist; This subtitle may be cited as the ‘‘White training programs for designated agency ethics (C) from a foreign government or an agent of House Ethics Transparency Act of 2021’’. officials, which may be delegated to each agen- a foreign principal; SEC. 8022. PROCEDURE FOR WAIVERS AND AU- cy or the White House Counsel as deemed ap- (D) from a State government or an agent of a THORIZATIONS RELATING TO ETH- propriate by the Director;’’; State government; ICS REQUIREMENTS. (3) in paragraph (3), by striking ‘‘title II’’ and (E) from any person seeking official action (a) IN GENERAL.—Notwithstanding any other inserting ‘‘title I’’; from, or seeking to do or doing business with, provision of law, not later than 30 days after an (4) in paragraph (4), by striking ‘‘problems’’ the agency employing the officer or employee; officer or employee issues or approves a waiver and inserting ‘‘issues’’; (F) from any person conducting activities reg- or authorization pursuant to any Executive (5) in paragraph (6)— ulated by the agency employing the officer or order related to ethics commitments or compli- (A) by striking ‘‘issued by the President or the employee; ance by covered employees, such officer or em- Director’’; and (G) from any person whose interests may be ployee shall— (B) by striking ‘‘problems’’ and inserting substantially affected by the performance or (1) transmit a written copy of such waiver or ‘‘issues’’; nonperformance of the official duties of the offi- authorization to the Director of the Office of (6) in paragraph (7)— cer or employee; Government Ethics; and (A) by striking ‘‘, when requested,’’; and (H) from an officer or employee of the execu- (2) make a written copy of such waiver or au- (B) by striking ‘‘conflict of interest problems’’ tive branch; or thorization available to the public on the and inserting ‘‘conflicts of interest, as well as (I) from any organization a majority of whose website of the employing agency of the covered other ethics issues’’; members are described in (A)–(H); and employee. (7) in paragraph (9)— (2) require that a legal defense fund, in order (b) OFFICE OF GOVERNMENT ETHICS PUBLIC (A) by striking ‘‘ordering’’ and inserting ‘‘re- to be certified by the Director, only permit dis- AVAILABILITY.—Not later than 30 days after re- ceiving allegations of violations of this Act or tributions to the applicable officer or employee. ceiving a written copy of a waiver or authoriza- regulations of the Office of Government Ethics (d) WRITTEN NOTICE.— tion under subsection (a)(1), the Director of the and, when necessary, investigating an allega- (1) IN GENERAL.—An officer or employee who Office of Government Ethics shall make such tion to determine whether a violation occurred, wishes to accept funds or have a representative waiver or authorization available to the public and ordering’’; and accept funds from a legal defense fund shall on the website of the Office of Government Eth- (B) by inserting before the semi-colon the fol- first ensure that the proposed trustee of the ics. lowing: ‘‘, and recommending appropriate dis- legal defense fund submits to the Director the (c) DEFINITION OF COVERED EMPLOYEE.—In ciplinary action’’; following information: this section, the term ‘‘covered employee’’— (8) in paragraph (12)— (A) The name and contact information for (1) means a non-career Presidential or Vice (A) by striking ‘‘evaluating, with the assist- any proposed trustee of the legal defense fund. Presidential appointee, non-career appointee in ance of’’ and inserting ‘‘promulgating, with (B) A copy of any proposed trust document for the Senior Executive Service (or other SES-type input from’’; the legal defense fund. system), or an appointee to a position that has (B) by striking ‘‘the need for’’; and (C) The nature of the legal proceeding (or pro- been excepted from the competitive service by (C) by striking ‘‘conflict of interest and eth- ceedings), investigation or other matter which reason of being of a confidential or policy- ical problems’’ and inserting ‘‘conflict of interest give rise to the establishment of the legal de- making character (Schedule C and other posi- and ethics issues’’; fense fund. tions excepted under comparable criteria) in an (9) in paragraph (13)— (D) An acknowledgment signed by the officer executive agency; and (A) by striking ‘‘with the Attorney General’’ or employee and the trustee indicating that they (2) does not include any individual appointed and inserting ‘‘with the Inspectors General and will be bound by the regulations and limitation as a member of the Senior Foreign Service or the Attorney General’’; under this section. solely as a uniformed service commissioned offi- (B) by striking ‘‘violations of the conflict of (2) APPROVAL.—An officer or employee may cer. interest laws’’ and inserting ‘‘conflict of interest not accept any gift or donation to pay, or to re- Subtitle D—Executive Branch Ethics issues and allegations of violations of ethics imburse any person for, fees or expenses de- Enforcement laws and regulations and this Act’’; and scribed in subsection (b) of this section except SEC. 8031. SHORT TITLE. (C) by striking ‘‘, as required by section 535 of through a legal defense fund that has been cer- This subtitle may be cited as the ‘‘Executive title 28, United States Code’’; tified in writing by the Director following that Branch Comprehensive Ethics Enforcement Act (10) in paragraph (14), by striking ‘‘and’’ at office’s receipt and approval of the information of 2021’’. the end;

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00082 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H967 (11) in paragraph (15)— reports, answers, records, accounts, papers, and mation on the website of the Office of Govern- (A) by striking ‘‘, in consultation with the Of- other data in any medium and documentary evi- ment Ethics, providing a link to download an fice of Personnel Management,’’; dence necessary in the performance of the func- electronic copy of the information, or providing (B) by striking ‘‘title II’’ and inserting ‘‘title tions assigned by this Act, which subpoena, in printed paper copies of such information to the I’’; and the case of refusal to obey, shall be enforceable public; and (C) by striking the period at the end and in- by order of any appropriate United States dis- ‘‘(3) may charge a reasonable fee for the cost serting a semicolon; and trict court.’’; of providing paper copies of the information (12) by adding at the end the following: (C) in subparagraph (B)(ii)(I)— pursuant to paragraph (2). ‘‘(16) directing and providing final approval, (i) by striking ‘‘Subject to clause (iv) of this ‘‘(e)(1) For all information that is provided by when determined appropriate by the Director, subparagraph, before’’ and inserting ‘‘Before’’; an agency to the Director under paragraph (1) for designated agency ethics officials regarding and of subsection (d), the Director shall make the in- the resolution of conflicts of interest as well as (ii) by striking ‘‘subparagraphs (A) (iii) or formation available to the public in a search- any other ethics issues under the purview of this (iv)’’ and inserting ‘‘subparagraph (A)(iii)’’; able, sortable, downloadable format by pub- Act in individual cases; and (D) in subparagraph (B)(iii), by striking lishing the information on the website of the Of- ‘‘(17) reviewing and approving, when deter- ‘‘Subject to clause (iv) of this subparagraph, be- fice of Government Ethics or providing a link to mined appropriate by the Director, any recusals, fore’’ and inserting ‘‘Before’’; and download an electronic copy of the information. exemptions, or waivers from the conflicts of in- (E) in subparagraph (B)(iv)— ‘‘(2) The Director may, upon request, provide terest and ethics laws, rules, and regulations (i) by striking ‘‘title 2’’ and inserting ‘‘title I’’; printed paper copies of the information pub- and making approved recusals, exemptions, and and lished under paragraph (1) and charge a rea- waivers made publicly available by the relevant (ii) by striking ‘‘section 206’’ and inserting sonable fee for the cost of printing such cop- agency available in a central location on the of- ‘‘section 106’’; and ies.’’. (b) REPEAL.—Section 408 of the Ethics in Gov- ficial website of the Office of Government Eth- (3) in paragraph (4), by striking ‘‘(iv),’’. ernment Act of 1978 (5 U.S.C. App.) is hereby re- ics.’’. (e) DEFINITIONS.—Section 402 of the Ethics in pealed. (c) WRITTEN PROCEDURES.—Paragraph (1) of Government Act of 1978 (5 U.S.C. App.) is section 402(d) of the Ethics in Government Act amended by adding at the end the following: SEC. 8036. PROHIBITION ON USE OF FUNDS FOR CERTAIN FEDERAL EMPLOYEE TRAV- of 1978 (5 U.S.C. App.) is amended— ‘‘(g) For purposes of this title— ‘‘(1) the term ‘agency’ shall include the Exec- EL IN CONTRAVENTION OF CERTAIN (1) by striking ‘‘, by the exercise of any au- REGULATIONS. utive Office of the President; and thority otherwise available to the Director under (a) IN GENERAL.—Beginning on the date of this title,’’; ‘‘(2) the term ‘officer or employee’ shall in- enactment of this Act, no Federal funds appro- (2) by striking ‘‘the agency is’’; and clude any individual occupying a position, pro- priated or otherwise made available in any fis- (3) by inserting after ‘‘filed by’’ the following: viding any official services, or acting in an ad- cal year may be used for the travel expenses of ‘‘, or written documentation of recusals, waiv- visory capacity, in the White House or the Exec- any senior Federal official in contravention of ers, or ethics authorizations relating to,’’. utive Office of the President. sections 301–10.260 through 301–10.266 of title 41, (d) CORRECTIVE ACTIONS.—Section 402(f) of ‘‘(h) In this title, a reference to the head of an Code of Federal Regulations, or any successor the Ethics in Government Act of 1978 (5 U.S.C. agency shall include the President or the Presi- regulation. App.) is amended— dent’s designee. (b) QUARTERLY REPORT ON TRAVEL.— (1) in paragraph (1)— ‘‘(i) The Director shall not be required to ob- (1) IN GENERAL.—Not later than 90 days after (A) in clause (i) of subparagraph (A), by strik- tain the prior approval, comment, or review of the date of enactment of this Act and every 90 ing ‘‘of such agency’’; and any officer or agency of the United States, in- days thereafter, the head of each Federal agen- (B) in subparagraph (B), by inserting before cluding the Office of Management and Budget, cy shall submit a report to the Committee on the period at the end ‘‘and determine that a vio- before submitting to Congress, or any committee Oversight and Reform of the House of Rep- lation of this Act has occurred and issue appro- or subcommittee thereof, any information, re- resentatives and the Committee on Homeland priate administrative or legal remedies as pre- ports, recommendations, testimony, or com- Security and Governmental Affairs of the Sen- scribed in paragraph (2)’’; ments, if such submissions include a statement ate detailing travel on Government aircraft by (2) in paragraph (2)— indicating that the views expressed therein are any senior Federal official employed at the ap- (A) in subparagraph (A)— those of the Director and do not necessarily rep- plicable agency. (i) in clause (ii)— resent the views of the President.’’. (2) APPLICATION.—Any report required under (I) in subclause (I)— SEC. 8035. AGENCY ETHICS OFFICIALS TRAINING paragraph (1) shall not include any classified (aa) by inserting ‘‘to the President or the AND DUTIES. travel, and nothing in this Act shall be con- President’s designee if the matter involves em- (a) IN GENERAL.—Section 403 of the Ethics in strued to supersede, alter, or otherwise affect ployees of the Executive Office of the President Government Act of 1978 (5 U.S.C. App.) is the application of section 101–37.408 of title 41, or’’ after ‘‘may recommend’’; amended— Code of Federal Regulations, or any successor (bb) by striking ‘‘and’’ at the end; and (1) in subsection (a), by adding a period at the regulation. (II) in subclause (II)— end of the matter following paragraph (2); and (c) TRAVEL REGULATION REPORT.—Not later (aa) by inserting ‘‘President or’’ after ‘‘deter- (2) by adding at the end the following: than one year after enactment of this Act, the mines that the’’; and ‘‘(c)(1) All designated agency ethics officials Director of the Office of Government Ethics (bb) by adding ‘‘and’’ at the end; and alternate designated agency ethics officials shall submit a report to Congress detailing sug- (ii) in subclause (II) of clause (iii)— shall register with the Director as well as with gestions on strengthening Federal travel regula- (I) by striking ‘‘notify, in writing,’’ and in- the appointing authority of the official. tions. On the date such report is so submitted, serting ‘‘advise the President or order’’; ‘‘(2) The Director shall provide ethics edu- the Director shall publish such report on the Of- (II) by inserting ‘‘to take appropriate discipli- cation and training to all designated and alter- fice’s public website. nary action including reprimand, suspension, nate designated agency ethics officials in a time (d) SENIOR FEDERAL OFFICIAL DEFINED.—In demotion, or dismissal against the officer or em- and manner deemed appropriate by the Direc- this section, the term ‘‘senior Federal official’’ ployee (provided, however, that any order tor. has the meaning given that term in section 101– issued by the Director shall not affect an em- ‘‘(3) Each designated agency ethics official 37.100 of title 41, Code of Federal Regulations, ployee’s right to appeal a disciplinary action and each alternate designated agency ethics of- as in effect on the date of enactment of this Act, under applicable law, regulation, collective bar- ficial shall biannually attend ethics education and includes any senior executive branch offi- gaining agreement, or contractual provision).’’ and training, as provided by the Director under cial (as that term is defined in such section). after ‘‘employee’s agency’’; and paragraph (2). SEC. 8037. REPORTS ON COST OF PRESIDENTIAL (III) by striking ‘‘of the officer’s or employee’s ‘‘(d) Each Designated Agency Ethics Official, TRAVEL. noncompliance, except that, if the officer or em- including the Designated Agency Ethics Official (a) REPORT REQUIRED.—Not later than 90 ployee involved is the agency head, the notifica- for the Executive Office of the President— days after the date of the enactment of this Act, tion shall instead be submitted to the President; ‘‘(1) shall provide to the Director, in writing, and every 90 days thereafter, the Secretary of and’’; and in a searchable, sortable, and downloadable for- Defense, in consultation with the Secretary of (iii) by striking clause (iv); mat, all approvals, authorizations, certifi- the Air Force, shall submit to the Chairman and (B) in subparagraph (B)(i)— cations, compliance reviews, determinations, di- Ranking Member of the Committee on Armed (i) by striking ‘‘subparagraph (A)(iii) or (iv)’’ rected divestitures, public financial disclosure Services of the House of Representatives a report and inserting ‘‘subparagraph (A)’’; reports, notices of deficiency in compliance, detailing the direct and indirect costs to the De- (ii) by inserting ‘‘(I)’’ before ‘‘In order to’’; records related to the approval or acceptance of partment of Defense in support of Presidential and gifts, recusals, regulatory or statutory advisory travel. Each such report shall include costs in- (iii) by adding at the end the following: opinions, waivers, including waivers under sec- curred for travel to a property owned or oper- ‘‘(II)(aa) The Director may secure directly tion 207 or 208 of title 18, United States Code, ated by the individual serving as President or from any agency information necessary to en- and any other records designated by the Direc- an immediate family member of such individual. able the Director to carry out this Act. Upon re- tor, unless disclosure is prohibited by law; (b) IMMEDIATE FAMILY MEMBER DEFINED.—In quest of the Director, the head of such agency ‘‘(2) shall, for all information described in this section, the term ‘‘immediate family mem- shall furnish that information to the Director. paragraph (1) that is permitted to be disclosed to ber’’ means the spouse of such individual, the ‘‘(bb) The Director may require by subpoena the public under law, make the information adult or minor child of such individual, or the the production of all information, documents, available to the public by publishing the infor- spouse of an adult child of such individual.

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00083 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H968 CONGRESSIONAL RECORD — HOUSE March 2, 2021 SEC. 8038. REPORTS ON COST OF SENIOR FED- 315(a)(1)(A) of the Federal Election Campaign dividual shall include, for each covered con- ERAL OFFICIAL TRAVEL. Act of 1971 (52 U.S.C. 30116(a)(1)(A)) for elec- tribution during the applicable period— (a) REPORT REQUIRED.—Not later than 90 tions occurring during such calendar year; ‘‘(i) the date on which the covered contribu- days after the date of the enactment of this Act, ‘‘(3) ‘covered individual’ means an individual tion was made; and every 90 days thereafter, the Secretary of who has been nominated or appointed to a cov- ‘‘(ii) if applicable, the date or dates on which Defense shall submit to the Chairman and ered position; and the covered contribution was solicited; Ranking Member of the Committee on Armed ‘‘(4) ‘covered position’— ‘‘(iii) the value of the covered contribution; Services of the House of Representatives a report ‘‘(A) means— ‘‘(iv) the name of the person making the cov- detailing the direct and indirect costs to the De- ‘‘(i) a position described under sections 5312 ered contribution; and partment of Defense in support of travel by sen- through 5316 of title 5, United States Code; ‘‘(v) the name of the person receiving the cov- ior Federal officials on military aircraft. Each ‘‘(ii) a position placed in level IV or V of the ered contribution. such report shall include whether spousal travel Executive Schedule under section 5317 of title 5, ‘‘(B)(i) Subject to clause (ii), a covered con- furnished by the Department was reimbursed to United States Code; tribution made by or on behalf of, or that was the Federal Government. ‘‘(iii) a position as a limited term appointee, solicited in writing by or on behalf of, a covered (b) EXCEPTION.—Required use travel, as out- limited emergency appointee, or noncareer ap- individual shall constitute a conflict of interest, lined in Department of Defense Directive pointee in the Senior Executive Service, as de- or an appearance thereof, with respect to the of- 4500.56, shall not be included in reports under fined under paragraphs (5), (6), and (7), respec- ficial duties of the covered individual. subsection (a). tively, of section 3132(a) of title 5, United States ‘‘(ii) The Director of the Office of Government (c) SENIOR FEDERAL OFFICIAL DEFINED.—In Code; and Ethics may exempt a covered contribution from this section, the term ‘‘senior Federal official’’ ‘‘(iv) a position in the executive branch of the the application of clause (i) if the Director de- has the meaning given that term in section Government of a confidential or policy-deter- termines the circumstances of the solicitation 8036(d). mining character under schedule C of subpart C and making of the covered contribution do not Subtitle E—Conflicts From Political of part 213 of title 5 of the Code of Federal Reg- present a risk of a conflict of interest and the Fundraising ulations; and exemption of the covered contribution would not ‘‘(B) does not include a position if the indi- affect adversely the integrity of the Government SEC. 8041. SHORT TITLE. vidual serving in the position has been excluded or the public’s confidence in the integrity of the This subtitle may be cited as the ‘‘Conflicts from the application of section 101(f)(5);’’. Government. from Political Fundraising Act of 2021’’. (b) DISCLOSURE REQUIREMENTS.—The Ethics ‘‘(3) A report filed pursuant to subsection (a) SEC. 8042. DISCLOSURE OF CERTAIN TYPES OF in Government Act of 1978 (5 U.S.C. App.) is or (b) of section 101 by a covered individual CONTRIBUTIONS. amended— shall include the information described in sub- (a) DEFINITIONS.—Section 109 of the Ethics in (1) in section 101— section (a)(2) with respect to each covered gift Government Act of 1978 (5 U.S.C. App.) is (A) in subsection (a)— received during the applicable period.’’. amended— (i) by inserting ‘‘(1)’’ before ‘‘Within’’; (c) PROVISION OF REPORTS AND ETHICS AGREE- (1) by redesignating paragraphs (2) through (ii) by striking ‘‘unless’’ and inserting ‘‘and, MENTS TO CONGRESS.—Section 105 of the Ethics (19) as paragraphs (5) through (22), respectively; if the individual is assuming a covered position, in Government Act of 1978 (5 U.S.C. App.) is and the information described in section 102(j), ex- amended by adding at the end the following: (2) by inserting after paragraph (1) the fol- cept that, subject to paragraph (2), the indi- ‘‘(e) Not later than 30 days after receiving a lowing: vidual shall not be required to file a report if’’; written request from the Chairman or Ranking ‘‘(2) ‘covered contribution’ means a payment, and Member of a committee or subcommittee of either advance, forbearance, rendering, or deposit of (iii) by adding at the end the following: House of Congress, the Director of the Office of money, or any thing of value— ‘‘(2) If an individual has left a position de- Government Ethics shall provide to the Chair- ‘‘(A)(i) that— scribed in subsection (f) that is not a covered po- man and Ranking Member each report filed ‘‘(I) is— sition and, within 30 days, assumes a position under this title by the covered individual and ‘‘(aa) made by or on behalf of a covered indi- that is a covered position, the individual shall, any ethics agreement entered into between the vidual; or within 30 days of assuming the covered position, agency and the covered individual.’’. ‘‘(bb) solicited in writing by or at the request file a report containing the information de- (d) RULES ON ETHICS AGREEMENTS.—The Di- of a covered individual; and scribed in section 102(j)(2)(A).’’; rector of the Office of Government Ethics shall ‘‘(II) is made— (B) in subsection (b)(1), in the first sentence, promptly issue rules regarding how an agency ‘‘(aa) to a political organization, as defined in by inserting ‘‘and the information required by in the executive branch shall address informa- section 527 of the Internal Revenue Code of 1986; section 102(j)’’ after ‘‘described in section tion required to be disclosed under the amend- or 102(b)’’; ments made by this subtitle in drafting ethics ‘‘(bb) to an organization— (C) in subsection (d), by inserting ‘‘and, if the agreements between the agency and individuals ‘‘(AA) that is described in paragraph (4) or (6) individual is serving in a covered position, the appointed to positions in the agency. of section 501(c) of the Internal Revenue Code of information required by section 102(j)(2)(A)’’ (e) TECHNICAL AND CONFORMING AMEND- 1986 and exempt from tax under section 501(a) of after ‘‘described in section 102(a)’’; and MENTS.— such Code; and (D) in subsection (e), by inserting ‘‘and, if the (1) The Ethics in Government Act of 1978 (5 ‘‘(BB) that promotes or opposes changes in individual was serving in a covered position, the U.S.C. App.) is amended— Federal laws or regulations that are (or would information required by section 102(j)(2)(A)’’ (A) in section 101(f)— be) administered by the agency in which the after ‘‘described in section 102(a)’’; and (i) in paragraph (9), by striking ‘‘section covered individual has been nominated for ap- (2) in section 102— 109(12)’’ and inserting ‘‘section 109(15)’’; pointment to a covered position or is serving in (A) in subsection (g), by striking ‘‘Political (ii) in paragraph (10), by striking ‘‘section a covered position; or campaign funds’’ and inserting ‘‘Except as pro- 109(13)’’ and inserting ‘‘section 109(16)’’; ‘‘(ii) that is— vided in subsection (j), political campaign (iii) in paragraph (11), by striking ‘‘section ‘‘(I) solicited in writing by or on behalf of a funds’’; and 109(10)’’ and inserting ‘‘section 109(13)’’; and covered individual; and (B) by adding at the end the following: (iv) in paragraph (12), by striking ‘‘section ‘‘(II) made— ‘‘(j)(1) In this subsection— 109(8)’’ and inserting ‘‘section 109(11)’’; ‘‘(aa) by an individual or entity the activities ‘‘(A) the term ‘applicable period’ means— (B) in section 103(l)— of which are subject to Federal laws or regula- ‘‘(i) with respect to a report filed pursuant to (i) in paragraph (9), by striking ‘‘section tions that are (or would be) administered by the subsection (a) or (b) of section 101, the year of 109(12)’’ and inserting ‘‘section 109(15)’’; and agency in which the covered individual has filing and the 4 calendar years preceding the (ii) in paragraph (10), by striking ‘‘section been nominated for appointment to a covered year of the filing; and 109(13)’’ and inserting ‘‘section 109(16)’’; and position or is serving in a covered position; and ‘‘(ii) with respect to a report filed pursuant to (C) in section 105(b)(3)(A), by striking ‘‘section ‘‘(bb) to— subsection (d) or (e) of section 101, the preceding 109(8) or 109(10)’’ and inserting ‘‘section 109(11) ‘‘(AA) a political organization, as defined in calendar year; and or 109(13)’’. section 527 of the Internal Revenue Code of 1986; ‘‘(B) the term ‘covered gift’ means a gift (2) Section 3(4)(D) of the Lobbying Disclosure or that— Act of 1995 (2 U.S.C. 1602(4)(D)) is amended by ‘‘(BB) an organization that is described in ‘‘(i) is made to a covered individual, the striking ‘‘section 109(13)’’ and inserting ‘‘section paragraph (4) or (6) of section 501(c) of the In- spouse of a covered individual, or the dependent 109(16)’’. ternal Revenue Code of 1986 and exempt from child of a covered individual; (3) Section 21A of the Securities Exchange Act tax under section 501(a) of such Code; and ‘‘(ii) is made by an entity described in item of 1934 (15 U.S.C. 78u–1) is amended— ‘‘(B) that is made to an organization described (aa) or (bb) of section 109(2)(A)(i)(II); and (A) in subsection (g)(2)(B)(ii), by striking in item (aa) or (bb) of clause (i)(II) or clause ‘‘(iii) would have been required to be reported ‘‘section 109(11) of the Ethics in Government Act (ii)(II)(bb) of subparagraph (A) for which the under subsection (a)(2) if the covered individual of 1978 (5 U.S.C. App. 109(11)))’’ and inserting total amount of such payments, advances, had been required to file a report under section ‘‘section 109 of the Ethics in Government Act of forbearances, renderings, or deposits of money, 101(d) with respect to the calendar year during 1978 (5 U.S.C. App.))’’; and or any thing of value, during the calendar year which the gift was made. (B) in subsection (h)(2)— in which it is made is not less than the contribu- ‘‘(2)(A) A report filed pursuant to subsection (i) in subparagraph (B), by striking ‘‘section tion limitation in effect under section (a), (b), (d), or (e) of section 101 by a covered in- 109(8) of the Ethics in Government Act of 1978 (5

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00084 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H969 U.S.C. App. 109(8))’’ and inserting ‘‘section 109 ‘‘(5) The term ‘registered lobbyist or lobbying abiding by the limitations of subparagraph (A), of the Ethics in Government Act of 1978 (5 organization’ means a lobbyist or an organiza- I will not for a period of 2 years after the date U.S.C. App.)’’; and tion filing a registration pursuant to section 4(a) of my appointment: (ii) in subparagraph (C), by striking ‘‘section of the Lobbying Disclosure Act of 1995 (2 U.S.C. ‘‘ ‘(i) participate in any particular matter on 109(10) of the Ethics in Government Act of 1978 1603(a)), and in the case of an organization fil- which I lobbied within the 2 years before the (5 U.S.C. App. 109(10))’’ and inserting ‘‘section ing such a registration, ‘registered lobbyist’ in- date of my appointment; 109 of the Ethics in Government Act of 1978 (5 cludes each of the lobbyists identified therein. ‘‘ ‘(ii) participate in the specific issue area in U.S.C. App.)’’. ‘‘(6) The term ‘lobby’ and ‘lobbied’ mean to which that particular matter falls; or (4) Section 499(j)(2) of the Public Health Serv- act or have acted as a registered lobbyist. ‘‘ ‘(iii) seek or accept employment with any ex- ice Act (42 U.S.C. 290b(j)(2)) is amended by ‘‘(7) The term ‘former employer’— ecutive agency that I lobbied within the 2 years striking ‘‘section 109(16) of the Ethics in Govern- ‘‘(A) means a person or entity for whom an before the date of my appointment. ment Act of 1978’’ and inserting ‘‘section 109 of appointee served as an employee, officer, direc- ‘‘ ‘(3) Revolving Door Ban; Appointees Leav- the Ethics in Government Act of 1978 (5 U.S.C. tor, trustee, partner, agent, attorney, consult- ing Government.— App.)’’. ant, or contractor during the 2-year period end- ‘‘ ‘(A) All Appointees Leaving Government.— Subtitle F—Transition Team Ethics ing on the date before the date on which the If, upon my departure from the Government, I am covered by the post-employment restrictions SEC. 8051. SHORT TITLE. covered employee begins service in the Federal Government; and on communicating with employees of my former This subtitle may be cited as the ‘‘Transition executive agency set forth in section 207(c) of Team Ethics Improvement Act’’. ‘‘(B) does not include— ‘‘(i) an agency or instrumentality of the Fed- title 18, United States Code, I agree that I will SEC. 8052. PRESIDENTIAL TRANSITION ETHICS eral Government; abide by those restrictions for a period of 2 years PROGRAMS. ‘‘(ii) a State or local government; following the end of my appointment. Section 6(b)(1) of the Presidential Transition ‘‘(iii) the District of Columbia; ‘‘ ‘(B) Appointees Leaving Government to Act of 1963 (3 U.S.C. 102 note) is amended— ‘‘(iv) an Indian tribe, as defined in section 4 Lobby.—In addition to abiding by the limita- (1) in subparagraph (A), by striking ‘‘and’’ at of the Indian Self-Determination and Education tions of subparagraph (A), I also agree, upon the end; Assistance Act (25 U.S.C. 5304); or leaving Government service, not to lobby any (2) in subparagraph (B), by striking the period ‘‘(v) the government of a territory or posses- covered executive branch official or noncareer at the end and inserting a semicolon; and Senior Executive Service appointee for the re- (3) by adding at the end the following: sion of the United States. ‘‘(8) The term ‘former client’ means a person mainder of the Administration. ‘‘(C) a description of the role of each transi- ‘‘ ‘(4) Employment Qualification Commit- tion team member, including a list of any policy or entity for whom an appointee served person- ally as agent, attorney, or consultant during the ment.—I agree that any hiring or other employ- issues that the member expects to work on, and ment decisions I make will be based on the can- a list of agencies the member expects to interact 2-year period ending on the date before the date on which the covered employee begins service in didate’s qualifications, competence, and experi- with, while serving on the transition team; ence. ‘‘(D) a list of any issues from which each the Federal Government, but does not include an agency or instrumentality of the Federal ‘‘ ‘(5) Assent to Enforcement.—I acknowledge transition team member will be recused while that title II of the Ethics in Government Act of serving as a member of the transition team pur- Government; ‘‘(9) The term ‘directly and substantially re- 1978, which I have read before signing this doc- suant to the transition team ethics plan outlined ument, defines certain of the terms applicable to in section 4(g)(3); and lated to my former employer or former clients’ means matters in which the appointee’s former the foregoing obligations and sets forth the ‘‘(E) an affirmation that no transition team methods for enforcing them. I expressly accept member has a financial conflict of interest that employer or a former client is a party or rep- resents a party. the provisions of that title as a part of this precludes the member from working on the mat- agreement and as binding on me. I understand ters described in subparagraph (E).’’. ‘‘(10) The term ‘participate’ means to partici- pate personally and substantially. that the terms of this pledge are in addition to Subtitle G—Ethics Pledge For Senior ‘‘(11) The term ‘post-employment restrictions’ any statutory or other legal restrictions applica- Executive Branch Employees includes the provisions and exceptions in section ble to me by virtue of Federal Government serv- SEC. 8061. SHORT TITLE. 207(c) of title 18, United States Code, and the ice.’ ’’. This subtitle may be cited as the ‘‘Ethics in implementing regulations. ‘‘SEC. 203. WAIVER. Public Service Act’’. ‘‘(12) The term ‘Government official’ means ‘‘(a) The President or the President’s designee SEC. 8062. ETHICS PLEDGE REQUIREMENT FOR any employee of the executive branch. may grant to any current or former appointee a SENIOR EXECUTIVE BRANCH EM- ‘‘(13) The term ‘Administration’ means all written waiver of any restrictions contained in PLOYEES. terms of office of the incumbent President serv- the pledge signed by such appointee if, and to The Ethics in Government Act of 1978 (5 ing at the time of the appointment of an ap- the extent that, the President or the President’s U.S.C. App. 101 et seq.) is amended by inserting pointee covered by this title. designee certifies (in writing) that, in light of all after title I the following new title: ‘‘(14) The term ‘pledge’ means the ethics the relevant circumstances, the interest of the ‘‘TITLE II—ETHICS PLEDGE pledge set forth in section 202 of this title. Federal Government in the employee’s participa- ‘‘(15) All references to provisions of law and tion outweighs the concern that a reasonable ‘‘SEC. 201. DEFINITIONS. person may question the integrity of the agen- ‘‘For the purposes of this title, the following regulations shall refer to such provisions as in effect on the date of enactment of this title. cy’s programs or operations. definitions apply: ‘‘(b) Any waiver under this section shall take ‘‘SEC. 202. ETHICS PLEDGE. ‘‘(1) The term ‘executive agency’ has the effect when the certification is signed by the ‘‘Each appointee in every executive agency meaning given that term in section 105 of title 5, President or the President’s designee. United States Code, and includes the Executive appointed on or after the date of enactment of ‘‘(c) For purposes of subsection (a)(2), the Office of the President, the United States Postal this section shall be required to sign an ethics public interest shall include exigent cir- Service, and Postal Regulatory Commission, but pledge upon appointment. The pledge shall be cumstances relating to national security or to does not include the Government Accountability signed and dated within 30 days of taking office the economy. De minimis contact with an execu- Office. and shall include, at a minimum, the following tive agency shall be cause for a waiver of the re- ‘‘(2) The term ‘appointee’ means any non- elements: strictions contained in paragraph (2)(B) of the career Presidential or Vice-Presidential ap- ‘‘ ‘As a condition, and in consideration, of my pledge. pointee, noncareer appointee in the Senior Exec- employment in the United States Government in ‘‘(d) For any waiver granted under this sec- utive Service (or other SES-type system), or ap- a position invested with the public trust, I com- tion, the individual who granted the waiver pointee to a position that has been excepted mit myself to the following obligations, which I shall— from the competitive service by reason of being understand are binding on me and are enforce- ‘‘(1) provide a copy of the waiver to the Direc- of a confidential or policymaking character able under law: tor not more than 48 hours after the waiver is (Schedule C and other positions excepted under ‘‘ ‘(1) Lobbyist Gift Ban.—I will not accept granted; and comparable criteria) in an executive agency, but gifts from registered lobbyists or lobbying orga- ‘‘(2) publish the waiver on the website of the does not include any individual appointed as a nizations for the duration of my service as an applicable agency not later than 30 calendar member of the Senior Foreign Service or solely appointee. days after granting such waiver. as a uniformed service commissioned officer. ‘‘ ‘(2) Revolving Door Ban; Entering Govern- ‘‘(e) Upon receiving a written waiver under ‘‘(3) The term ‘gift’— ment.— subsection (d), the Director shall— ‘‘(A) has the meaning given that term in sec- ‘‘ ‘(A) All Appointees Entering Government.— ‘‘(1) review the waiver to determine whether tion 2635.203(b) of title 5, Code of Federal Regu- I will not, for a period of 2 years from the date the Director has any objection to the issuance of lations (or any successor regulation); and of my appointment, participate in any par- the waiver; and ‘‘(B) does not include those items excluded by ticular matter involving specific party or parties ‘‘(2) if the Director so objects— sections 2635.204(b), (c), (e)(1), (e)(3), (j), (k), that is directly and substantially related to my ‘‘(A) provide reasons for the objection in writ- and (l) of such title 5. former employer or former clients, including reg- ing to the head of the agency who granted the ‘‘(4) The term ‘covered executive branch offi- ulations and contracts. waiver not more than 15 calendar days after the cial’ and ‘lobbyist’ have the meanings given ‘‘ ‘(B) Lobbyists Entering Government.—If I waiver was granted; and those terms in section 3 of the Lobbying Disclo- was a registered lobbyist within the 2 years be- ‘‘(B) publish the written objection on the sure Act of 1995 (2 U.S.C. 1602). fore the date of my appointment, in addition to website of the Office of Government Ethics not

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00085 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H970 CONGRESSIONAL RECORD — HOUSE March 2, 2021 more than 30 calendar days after the waiver was Subtitle H—Travel on Private Aircraft by Sec. 9202. Requiring disclosure in certain re- granted. Senior Political Appointees ports filed with Federal Election ‘‘SEC. 204. ADMINISTRATION. SEC. 8071. SHORT TITLE. Commission of persons who are registered lobbyists. ‘‘(a) The head of each executive agency shall, This subtitle may be cited as the ‘‘Stop Waste Sec. 9203. Effective date. in consultation with the Director of the Office And Misuse by Presidential Flyers Landing Yet of Government Ethics, establish such rules or Evading Rules and Standards’’ or the ‘‘SWAMP Subtitle D—Access to Congressionally Mandated procedures (conforming as nearly as practicable FLYERS’’. Reports Sec. 9301. Short title. to the agency’s general ethics rules and proce- SEC. 8072. PROHIBITION ON USE OF FUNDS FOR dures, including those relating to designated Sec. 9302. Definitions. TRAVEL ON PRIVATE AIRCRAFT. Sec. 9303. Establishment of online portal for agency ethics officers) as are necessary or ap- (a) IN GENERAL.—Beginning on the date of propriate to ensure— congressionally mandated reports. enactment of this subtitle, no Federal funds ap- Sec. 9304. Federal agency responsibilities. ‘‘(1) that every appointee in the agency signs propriated or otherwise made available in any Sec. 9305. Removing and altering reports. the pledge upon assuming the appointed office fiscal year may be used to pay the travel ex- Sec. 9306. Relationship to the Freedom of Infor- or otherwise becoming an appointee; penses of any senior political appointee for trav- mation Act. ‘‘(2) that compliance with paragraph (2)(B) of el on official business on a non-commercial, pri- Sec. 9307. Implementation. the pledge is addressed in a written ethics agree- vate, or chartered flight. Subtitle E—Reports on Outside Compensation ment with each appointee to whom it applies; (b) EXCEPTIONS.—The limitation in subsection Earned by Congressional Employees ‘‘(3) that spousal employment issues and other (a) shall not apply— Sec. 9401. Reports on outside compensation conflicts not expressly addressed by the pledge (1) if no commercial flight was available for earned by congressional employ- are addressed in ethics agreements with ap- the travel in question, consistent with sub- ees. pointees or, where no such agreements are re- section (c); or Subtitle F—Severability quired, through ethics counseling; and (2) to any travel on aircraft owned or leased Sec. 9501. Severability. ‘‘(4) compliance with this title within the by the Government. Subtitle A—Requiring Members of Congress agency. (c) CERTIFICATION.— To Reimburse Treasury for Amounts Paid as ‘‘(b) With respect to the Executive Office of (1) IN GENERAL.—Any senior political ap- Settlements and Awards Under Congres- the President, the duties set forth in subsection pointee who travels on a non-commercial, pri- sional Accountability Act of 1995 (a) shall be the responsibility of the Counsel to vate, or chartered flight under the exception the President. provided in subsection (b)(1) shall, not later SEC. 9001. REQUIRING MEMBERS OF CONGRESS ‘‘(c) The Director of the Office of Government than 30 days after the date of such travel, sub- TO REIMBURSE TREASURY FOR AMOUNTS PAID AS SETTLEMENTS Ethics shall— mit a written statement to Congress certifying AND AWARDS UNDER CONGRES- ‘‘(1) ensure that the pledge and a copy of this that no commercial flight was available. SIONAL ACCOUNTABILITY ACT OF title are made available for use by agencies in (2) PENALTY.—Any statement submitted under 1995 IN ALL CASES OF EMPLOYMENT fulfilling their duties under subsection (a); paragraph (1) shall be considered a statement DISCRIMINATION ACTS BY MEM- ‘‘(2) in consultation with the Attorney Gen- for purposes of applying section 1001 of title 18, BERS. eral or the Counsel to the President, when ap- United States Code. (a) REQUIRING REIMBURSEMENT.—Clause (i) of propriate, assist designated agency ethics offi- (d) DEFINITION OF SENIOR POLITICAL AP- section 415(d)(1)(C) of the Congressional Ac- cers in providing advice to current or former ap- POINTEE.—In this subtitle, the term ‘‘senior po- countability Act of 1995 (2 U.S.C. 1415(d)(1)(C)) pointees regarding the application of the pledge; litical appointee’’ means any individual occu- is amended to read as follows: ‘‘(i) a violation of section 201(a) or section ‘‘(3) adopt such rules or procedures as are pying— (1) a position listed under the Executive 206(a); or’’. necessary or appropriate— (b) CONFORMING AMENDMENT RELATING TO Schedule (subchapter II of chapter 53 of title 5, ‘‘(A) to carry out the responsibilities assigned NOTIFICATION OF POSSIBILITY OF REIMBURSE- United States Code); by this subsection; MENT.—Clause (i) of section 402(b)(2)(B) of the (2) a Senior Executive Service position that is ‘‘(B) to apply the lobbyist gift ban set forth in Congressional Accountability Act of 1995 (2 not a career appointee as defined under section paragraph 1 of the pledge to all executive U.S.C. 1402(b)(2)(B)) is amended to read as fol- 3132(a)(4) of such title; or branch employees; lows: ‘‘(C) to authorize limited exceptions to the lob- (3) a position of a confidential or policy-deter- ‘‘(i) a violation of section 201(a) or section byist gift ban for circumstances that do not im- mining character under schedule C of subpart C 206(a); or’’. plicate the purposes of the ban; of part 213 of title 5, Code of Federal Regula- (c) EFFECTIVE DATE.—The amendments made tions. ‘‘(D) to make clear that no person shall have by this section shall take effect as if included in violated the lobbyist gift ban if the person prop- Subtitle I—Severability the enactment of the Congressional Account- erly disposes of a gift; SEC. 8081. SEVERABILITY. ability Act of 1995 Reform Act. ‘‘(E) to ensure that existing rules and proce- If any provision of this title or any amend- Subtitle B—Conflicts of Interests dures for Government employees engaged in ne- ment made by this title, or any application of SEC. 9101. PROHIBITING MEMBERS OF HOUSE OF gotiations for future employment with private such provision or amendment to any person or REPRESENTATIVES FROM SERVING businesses that are affected by their official ac- circumstance, is held to be unconstitutional, the ON BOARDS OF FOR-PROFIT ENTI- tions do not affect the integrity of the Govern- remainder of the provisions of this title and the TIES. Rule XXIII of the Rules of the House of Rep- ment’s programs and operations; and amendments made by this title, and the applica- resentatives is amended— ‘‘(F) to ensure, in consultation with the Direc- tion of the provision or amendment to any other (1) by redesignating clause 22 as clause 23; tor of the Office of Personnel Management, that person or circumstance, shall not be affected. the requirement set forth in paragraph (4) of the and TITLE IX—CONGRESSIONAL ETHICS (2) by inserting after clause 21 the following pledge is honored by every employee of the exec- REFORM new clause: utive branch; ‘‘22. A Member, Delegate, or Resident Commis- ‘‘(4) in consultation with the Director of the Subtitle A—Requiring Members of Congress To Reimburse Treasury for Amounts Paid as Set- sioner may not serve on the board of directors of Office of Management and Budget, report to the any for-profit entity.’’. President, the Committee on Oversight and Re- tlements and Awards Under Congressional Ac- countability Act of 1995 SEC. 9102. CONFLICT OF INTEREST RULES FOR form of the House of Representatives, and the MEMBERS OF CONGRESS AND CON- Committee on Homeland Security and Govern- Sec. 9001. Requiring Members of Congress to re- GRESSIONAL STAFF. mental Affairs of the Senate on whether full imburse Treasury for amounts No Member, officer, or employee of a com- compliance is being achieved with existing laws paid as settlements and awards mittee or Member of either House of Congress and regulations governing executive branch pro- under Congressional Account- may knowingly use his or her official position to curement lobbying disclosure and on steps the ability Act of 1995 in all cases of introduce or aid the progress or passage of legis- executive branch can take to expand to the full- employment discrimination acts lation, a principal purpose of which is to fur- est extent practicable disclosure of such execu- by Members. ther only his or her pecuniary interest, only the tive branch procurement lobbying and of lob- Subtitle B—Conflicts of Interests pecuniary interest of his or her immediate fam- bying for presidential pardons, and to include Sec. 9101. Prohibiting Members of House of ily, or only the pecuniary interest of a limited in the report both immediate action the execu- Representatives from serving on class of persons or enterprises, when he or she, tive branch can take and, if necessary, rec- boards of for-profit entities. or his or her immediate family, or enterprises ommendations for legislation; and Sec. 9102. Conflict of interest rules for Members controlled by them, are members of the affected ‘‘(5) provide an annual public report on the of Congress and congressional class. administration of the pledge and this title. staff. SEC. 9103. EXERCISE OF RULEMAKING POWERS. ‘‘(d) All pledges signed by appointees, and all Sec. 9103. Exercise of rulemaking powers. The provisions of this subtitle are enacted by waiver certifications with respect thereto, shall the Congress— be filed with the head of the appointee’s agency Subtitle C—Campaign Finance and Lobbying (1) as an exercise of the rulemaking power of for permanent retention in the appointee’s offi- Disclosure the House of Representatives and the Senate, re- cial personnel folder or equivalent folder.’’. Sec. 9201. Short title. spectively, and as such they shall be considered

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00086 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H971 as part of the rules of each House, respectively, SEC. 9203. EFFECTIVE DATE. (iii) The date of publication. or of that House to which they specifically The amendments made by this subtitle shall (iv) Each congressional committee receiving apply, and such rules shall supersede other apply with respect to reports required to be filed the report, if applicable. rules only to the extent that they are incon- under the Federal Election Campaign Act of (v) The statute, resolution, or conference re- sistent therewith; and 1971 on or after the expiration of the 90-day pe- port requiring the report. (2) with full recognition of the constitutional riod which begins on the date of the enactment (vi) Subject tags. right of either House to change such rules (so of this Act. (vii) A unique alphanumeric identifier for the far as relating to such House) at any time, in Subtitle D—Access to Congressionally report that is consistent across report editions. the same manner, and to the same extent as in Mandated Reports (viii) The serial number, Superintendent of the case of any other rule of such House. Documents number, or other identification num- SEC. 9301. SHORT TITLE. ber for the report, if applicable. Subtitle C—Campaign Finance and Lobbying This subtitle may be cited as the ‘‘Access to Disclosure (ix) Key words. Congressionally Mandated Reports Act’’. (x) Full text search. SEC. 9201. SHORT TITLE. SEC. 9302. DEFINITIONS. (xi) Any other relevant information specified This subtitle may be cited as the ‘‘Connecting In this subtitle: by the Director. Lobbyists and Electeds for Accountability and (1) CONGRESSIONALLY MANDATED REPORT.— (D) The date on which the report was required Reform Act’’ or the ‘‘CLEAR Act’’. The term ‘‘congressionally mandated report’’— to be submitted, and on which the report was SEC. 9202. REQUIRING DISCLOSURE IN CERTAIN (A) means a report that is required to be sub- submitted, to the reports online portal. REPORTS FILED WITH FEDERAL mitted to either House of Congress or any com- (E) Access to the report not later than 30 cal- ELECTION COMMISSION OF PER- mittee of Congress, or subcommittee thereof, by endar days after its submission to Congress. SONS WHO ARE REGISTERED LOBBY- (F) To the extent practicable, a permanent ISTS. a statute, resolution, or conference report that accompanies legislation enacted into law; and means of accessing the report electronically. (a) REPORTS FILED BY POLITICAL COMMIT- (B) does not include a report required under (2) A means for bulk download of all congres- TEES.—Section 304(b) of the Federal Election sionally mandated reports. Campaign Act of 1971 (52 U.S.C. 30104(b)) is part B of subtitle II of title 36, United States (3) A means for downloading individual re- amended— Code. ports as the result of a search. (1) by striking ‘‘and’’ at the end of paragraph (2) DIRECTOR.—The term ‘‘Director’’ means (4) An electronic means for the head of each (7); the Director of the Government Publishing Of- Federal agency to submit to the reports online (2) by striking the period at the end of para- fice. portal each congressionally mandated report of graph (8) and inserting ‘‘; and’’; and (3) FEDERAL AGENCY.—The term ‘‘Federal the agency, as required by section 9304. (3) by adding at the end the following new agency’’ has the meaning given that term under (5) In tabular form, a list of all congression- paragraph: section 102 of title 40, United States Code, but ‘‘(9) if any person identified in subparagraph does not include the Government Accountability ally mandated reports that can be searched, (A), (E), (F), or (G) of paragraph (3) is a reg- Office. sorted, and downloaded by— (A) reports submitted within the required time; istered lobbyist under the Lobbying Disclosure (4) OPEN FORMAT.—The term ‘‘open format’’ (B) reports submitted after the date on which Act of 1995, a separate statement that such per- means a file format for storing digital data such reports were required to be submitted; and son is a registered lobbyist under such Act.’’. based on an underlying open standard that— (C) reports not submitted. (b) REPORTS FILED BY PERSONS MAKING INDE- (A) is not encumbered by any restrictions that (c) NONCOMPLIANCE BY FEDERAL AGENCIES.— PENDENT EXPENDITURES.—Section 304(c)(2) of would impede reuse; and (1) REPORTS NOT SUBMITTED.—If a Federal such Act (52 U.S.C. 30104(c)(2)) is amended— (B) is based on an underlying open data agency does not submit a congressionally man- (1) by striking ‘‘and’’ at the end of subpara- standard that is maintained by a standards or- dated report to the Director, the Director shall graph (B); ganization. to the extent practicable— (2) by striking the period at the end of sub- (5) REPORTS ONLINE PORTAL.—The term ‘‘re- (A) include on the reports online portal— paragraph (C) and inserting ‘‘; and’’; and ports online portal’’ means the online portal es- (i) the information required under clauses (i), (3) by adding at the end the following new tablished under section 9303(a). (ii), (iv), and (v) of subsection (b)(1)(C); and subparagraph: SEC. 9303. ESTABLISHMENT OF ONLINE PORTAL ‘‘(D) if the person filing the statement, or a FOR CONGRESSIONALLY MANDATED (ii) the date on which the report was required person whose identification is required to be dis- REPORTS. to be submitted; and (B) include the congressionally mandated re- closed under subparagraph (C), is a registered (a) REQUIREMENT TO ESTABLISH ONLINE POR- port on the list described in subsection (b)(5)(C). lobbyist under the Lobbying Disclosure Act of TAL.— (2) REPORTS NOT IN OPEN FORMAT.—If a Fed- 1995, a separate statement that such person is a (1) IN GENERAL.—Not later than 1 year after eral agency submits a congressionally mandated registered lobbyist under such Act.’’. the date of enactment of this Act, the Director report that is not in an open format, the Direc- (c) REPORTS FILED BY PERSONS MAKING DIS- shall establish and maintain an online portal tor shall include the congressionally mandated BURSEMENTS FOR ELECTIONEERING COMMUNICA- accessible by the public that allows the public to report in another format on the reports online TIONS.—Section 304(f)(2) of such Act (52 U.S.C. obtain electronic copies of all congressionally 30104(f)(2)) is amended by adding at the end the mandated reports in one place. The Director portal. (d) FREE ACCESS.—The Director may not following new subparagraph: may publish other reports on the online portal. ‘‘(G) If the person making the disbursement, (2) EXISTING FUNCTIONALITY.—To the extent charge a fee, require registration, or impose any or a contributor described in subparagraph (E) possible, the Director shall meet the require- other limitation in exchange for access to the re- or (F), is a registered lobbyist under the Lob- ments under paragraph (1) by using existing on- ports online portal. bying Disclosure Act of 1995, a separate state- line portals and functionality under the author- (e) UPGRADE CAPABILITY.—The reports online ment that such person or contributor is a reg- ity of the Director. portal shall be enhanced and updated as nec- istered lobbyist under such Act.’’. (3) CONSULTATION.—In carrying out this sub- essary to carry out the purposes of this subtitle. (d) REQUIRING COMMISSION TO ESTABLISH title, the Director shall consult with the Clerk of SEC. 9304. FEDERAL AGENCY RESPONSIBILITIES. LINK TO WEBSITES OF CLERK OF HOUSE AND SEC- the House of Representatives, the Secretary of (a) SUBMISSION OF ELECTRONIC COPIES OF RE- RETARY OF SENATE.—Section 304 of such Act (52 the Senate, and the Librarian of Congress re- PORTS.—Concurrently with the submission to U.S.C. 30104), as amended by section 4002 and garding the requirements for and maintenance Congress of each congressionally mandated re- section 4208(a), is amended by adding at the end of congressionally mandated reports on the re- port, the head of the Federal agency submitting the following new subsection: ports online portal. the congressionally mandated report shall sub- ‘‘(l) REQUIRING INFORMATION ON REGISTERED (b) CONTENT AND FUNCTION.—The Director mit to the Director the information required LOBBYISTS TO BE LINKED TO WEBSITES OF shall ensure that the reports online portal in- under subparagraphs (A) through (D) of section CLERK OF HOUSE AND SECRETARY OF SENATE.— cludes the following: 9303(b)(1) with respect to the congressionally ‘‘(1) LINKS TO WEBSITES.—The Commission (1) Subject to subsection (c), with respect to mandated report. Nothing in this subtitle shall shall ensure that the Commission’s public data- each congressionally mandated report, each of relieve a Federal agency of any other require- base containing information described in para- the following: ment to publish the congressionally mandated graph (2) is linked electronically to the websites (A) A citation to the statute, conference re- report on the online portal of the Federal agen- maintained by the Secretary of the Senate and port, or resolution requiring the report. cy or otherwise submit the congressionally man- the Clerk of the House of Representatives con- (B) An electronic copy of the report, including dated report to Congress or specific committees taining information filed pursuant to the Lob- any transmittal letter associated with the re- of Congress, or subcommittees thereof. bying Disclosure Act of 1995. port, in an open format that is platform inde- (b) GUIDANCE.—Not later than 240 days after ‘‘(2) INFORMATION DESCRIBED.—The informa- pendent and that is available to the public with- the date of enactment of this Act, the Director tion described in this paragraph is each of the out restrictions, including restrictions that of the Office of Management and Budget, in following: would impede the re-use of the information in consultation with the Director, shall issue guid- ‘‘(A) Information disclosed under paragraph the report. ance to agencies on the implementation of this (9) of subsection (b). (C) The ability to retrieve a report, to the ex- subtitle. ‘‘(B) Information disclosed under subpara- tent practicable, through searches based on (c) STRUCTURE OF SUBMITTED REPORT graph (D) of subsection (c)(2). each, and any combination, of the following: DATA.—The head of each Federal agency shall ‘‘(C) Information disclosed under subpara- (i) The title of the report. ensure that each congressionally mandated re- graph (G) of subsection (f)(2).’’. (ii) The reporting Federal agency. port submitted to the Director complies with the

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00087 Fmt 7634 Sfmt 6333 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H972 CONGRESSIONAL RECORD — HOUSE March 2, 2021 open format criteria established by the Director ment shall submit a report identifying the iden- this section, an individual who is the President in the guidance issued under subsection (b). tity of the source, amount, and rate of such or Vice President on such date of enactment (d) POINT OF CONTACT.—The head of each compensation to— shall submit to the Federal Election Commission Federal agency shall designate a point of con- (1) the Select Committee on Ethics of the Sen- a copy of the income tax returns for the 10 most tact for congressionally mandated report. ate, in the case of an individual who performs recent taxable years for which a return has been (e) LIST OF REPORTS.—As soon as practicable services for a Member, committee, or other office filed with the Internal Revenue Service. each calendar year (but not later than April 1), of the Senate; or (2) FAILURE TO DISCLOSE.—If any requirement and on a rolling basis during the year if fea- (2) the Committee on Ethics of the House of under paragraph (1) to submit an income tax re- sible, the Librarian of Congress shall submit to Representatives, in the case of an individual turn is not met, the chairman of the Federal the Director a list of congressionally mandated who performs services for a Member (including a Election Commission shall submit to the Sec- reports from the previous calendar year, in con- Delegate or Resident Commissioner to the Con- retary a written request that the Secretary pro- sultation with the Clerk of the House of Rep- gress), committee, or other office of the House. vide the Federal Election Commission with the resentatives, which shall— (b) TIMING.—The supervisor shall submit the income tax return. (1) be provided in an open format; report required under subsection (a) with re- (3) PUBLICLY AVAILABLE.—The chairman of (2) include the information required under spect to an individual— the Federal Election Commission shall make clauses (i), (ii), (iv), and (v) of section (1) when such individual first begins per- publicly available each income tax return sub- 9303(b)(1)(C) for each report; forming services described in such subpara- mitted under paragraph (1) in the same manner (3) include the frequency of the report; graph; as a return provided under section 6103(l)(23) of (4) include a unique alphanumeric identifier (2) at the close of each calendar quarter dur- the Internal Revenue Code of 1986 (as added by for the report that is consistent across report ing which such individual is performing such this section). editions; services; and (4) TREATMENT AS A REPORT UNDER THE FED- (5) include the date on which each report is (3) when such individual ceases to perform ERAL ELECTION CAMPAIGN ACT OF 1971.—For pur- required to be submitted; and such services. poses of the Federal Election Campaign Act of (6) be updated and provided to the Director, Subtitle F—Severability 1971, any income tax return submitted under as necessary. paragraph (1) or provided under section SEC. 9305. REMOVING AND ALTERING REPORTS. SEC. 9501. SEVERABILITY. 6103(l)(23) of the Internal Revenue Code of 1986 A report submitted to be published to the re- If any provision of this title or amendment (as added by this section) shall, after redaction ports online portal may only be changed or re- made by this title, or the application of a provi- under paragraph (3) or subparagraph (B)(ii) of moved, with the exception of technical changes, sion or amendment to any person or cir- such section, be treated as a report filed under by the head of the Federal agency concerned cumstance, is held to be unconstitutional, the the Federal Election Campaign Act of 1971. if— remainder of this title and amendments made by (c) DISCLOSURE OF RETURNS OF PRESIDENTS (1) the head of the Federal agency consults this title, and the application of the provisions AND VICE PRESIDENTS AND CERTAIN CANDIDATES with each congressional committee to which the and amendment to any person or circumstance, FOR PRESIDENT AND VICE PRESIDENT.— report is submitted; and shall not be affected by the holding. (1) IN GENERAL.—Section 6103(l) of the Inter- (2) Congress enacts a joint resolution author- TITLE X—PRESIDENTIAL AND VICE nal Revenue Code of 1986 is amended by adding izing the changing or removal of the report. PRESIDENTIAL TAX TRANSPARENCY at the end the following new paragraph: SEC. 9306. RELATIONSHIP TO THE FREEDOM OF Sec. 10001. Presidential and Vice Presidential ‘‘(23) DISCLOSURE OF RETURN INFORMATION OF INFORMATION ACT. tax transparency. PRESIDENTS AND VICE PRESIDENTS AND CERTAIN CANDIDATES FOR PRESIDENT AND VICE PRESI- (a) IN GENERAL.—Nothing in this subtitle SEC. 10001. PRESIDENTIAL AND VICE PRESI- DENT shall be construed to— DENTIAL TAX TRANSPARENCY. .— ‘‘(A) IN GENERAL.—Upon written request by (1) require the disclosure of information or (a) DEFINITIONS.—In this section— the chairman of the Federal Election Commis- records that are exempt from public disclosure (1) The term ‘‘covered candidate’’ means a sion under section 10001(b)(2) of the For the under section 552 of title 5, United States Code; candidate of a major party in a general election People Act of 2021, not later than the date that or for the office of President or Vice President. is 15 days after the date of such request, the (2) to impose any affirmative duty on the Di- (2) The term ‘‘major party’’ has the meaning Secretary shall provide copies of any return rector to review congressionally mandated re- given the term in section 9002 of the Internal which is so requested to officers and employees ports submitted for publication to the reports Revenue Code of 1986. of the Federal Election Commission whose offi- online portal for the purpose of identifying and (3) The term ‘‘income tax return’’ means, with cial duties include disclosure or redaction of redacting such information or records. respect to an individual, any return (as such such return under this paragraph. (b) REDACTION OF INFORMATION.—The head of term is defined in section 6103(b)(1) of the Inter- ‘‘(B) DISCLOSURE TO THE PUBLIC.— a Federal agency may redact information re- nal Revenue Code of 1986, except that such term ‘‘(i) IN GENERAL.—The chairman of the Fed- quired to be disclosed under this subtitle if the shall not include declarations of estimated tax) eral Election Commission shall make publicly information would be properly withheld from of— available any return which is provided under disclosure under section 552 of title 5, United (A) such individual, other than information subparagraph (A). States Code, and shall— returns issued to persons other than such indi- (1) redact information required to be disclosed ‘‘(ii) REDACTION OF CERTAIN INFORMATION.— vidual; or Before making publicly available under clause under this subtitle if disclosure of such informa- (B) of any corporation, partnership, or trust tion is prohibited by law; (i) any return, the chairman of the Federal in which such individual holds, directly or indi- Election Commission shall redact such informa- (2) redact information being withheld under rectly, a significant interest as the sole or prin- this subsection prior to submitting the informa- tion as the Federal Election Commission and the cipal owner or the sole or principal beneficial Secretary jointly determine is necessary for pro- tion to the Director; owner (as such terms are defined in regulations (3) redact only such information properly tecting against identity theft, such as social se- prescribed by the Secretary of the Treasury or withheld under this subsection from the submis- curity numbers.’’. his delegate). sion of information or from any congressionally (2) CONFORMING AMENDMENTS.—Section (4) The term ‘‘Secretary’’ means the Secretary mandated report submitted under this subtitle; 6103(p)(4) of such Code is amended— of the Treasury or the delegate of the Secretary. (4) identify where any such redaction is made (A) in the matter preceding subparagraph (A) (b) DISCLOSURE.— in the submission or report; and by striking ‘‘or (22)’’ and inserting ‘‘(22), or (1) IN GENERAL.— (5) identify the exemption under which each (23)’’; and (A) CANDIDATES FOR PRESIDENT AND VICE such redaction is made. (B) in subparagraph (F)(ii) by striking ‘‘or PRESIDENT.—Not later than the date that is 15 (22)’’ and inserting ‘‘(22), or (23)’’. SEC. 9307. IMPLEMENTATION. days after the date on which an individual be- Except as provided in section 9304(b), this sub- (3) EFFECTIVE DATE.—The amendments made comes a covered candidate, the individual shall by this subsection shall apply to disclosures title shall be implemented not later than 1 year submit to the Federal Election Commission a after the date of enactment of this Act and shall made on or after the date of enactment of this copy of the individual’s income tax returns for Act. apply with respect to congressionally mandated the 10 most recent taxable years for which a re- reports submitted to Congress on or after the turn has been filed with the Internal Revenue The SPEAKER pro tempore. The bill, date that is 1 year after such date of enactment. Service. as amended, shall be debatable for 1 Subtitle E—Reports on Outside Compensation (B) PRESIDENT AND VICE PRESIDENT.—With re- hour equally divided and controlled by Earned by Congressional Employees spect to an individual who is the President or the chair and ranking minority mem- SEC. 9401. REPORTS ON OUTSIDE COMPENSATION Vice President, not later than the due date for ber of the Committee on House Admin- EARNED BY CONGRESSIONAL EM- the return of tax for each taxable year, such in- istration or their respective designees. PLOYEES. dividual shall submit to the Federal Election The gentlewoman from California (a) REPORTS.—The supervisor of an individual Commission a copy of the individual’s income (Ms. LOFGREN) and the gentleman from who performs services for any Member, com- tax returns for the taxable year and for the 9 mittee, or other office of the Senate or House of preceding taxable years. Illinois (Mr. RODNEY DAVIS) each will Representatives for a period in excess of four (C) TRANSITION RULE FOR SITTING PRESIDENTS control 30 minutes. weeks and who receives compensation therefor AND VICE PRESIDENTS.—Not later than the date The Chair now recognizes the gentle- from any source other than the Federal Govern- that is 30 days after the date of enactment of woman from California (Ms. LOFGREN).

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.002 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H973 GENERAL LEAVE election security and requires States to but also requiring any increase in cor- Ms. LOFGREN. Madam Speaker, I use individual, durable, voter-verified porate fines to be used to help the pan- ask unanimous consent that all Mem- paper ballots, a simple safeguard from demic relief. bers may have 5 legislative days in cybersecurity threats that ensures an I can think of a lot better ways to which to revise and extend their re- auditable paper trail. spend the $7 million that would be just marks and to insert extraneous mate- H.R. 1 will also strengthen congres- for my district, like pandemic relief. rial on H.R. 1 into the RECORD. sional and executive branch ethical We could maybe reopen our schools or The SPEAKER pro tempore. Is there standards. rebuild a fund to help women’s shelters objection to the request of the gentle- Democracy is resilient, but the false- and rape crisis centers. Amazingly, woman from California? hoods spread in the lead-up to and fol- Democrats wouldn’t even allow these There was no objection. lowing the 2020 election, as well as the amendments for a vote on the floor Ms. LOFGREN. I yield myself such shocking events right here on January today. time as I may consume. 6, showed us all that democracy re- It is disappointing because I had Madam Speaker, I rise today in quires us to defend it. hoped that we could all agree that strong support of H.R. 1, the For the I urge all my colleagues to support helping our country through this pan- People Act of 2021. Today, we can de- H.R. 1 and ensure all Americans have demic or just simply focusing on the liver this to the American people. We an equal voice in our democracy. American people is more important can deliver the gold standard of re- Madam Speaker, I reserve the bal- than lining our own campaign coffers. forms to protect the right of Ameri- ance of my time. Clearly, this bill is not for the benefit cans to vote. We can take a huge step Mr. RODNEY DAVIS of Illinois. I of the people, but it is for the politi- to fulfill that promise in our Constitu- yield myself such time as I may con- cians’ campaign coffers. tion of a more perfect Union. sume. I also want to note that this bill is More voters cast a ballot in the 2020 Madam Speaker, last week, this opposed by 16 secretaries of state, nine election than in history, in an election House voted on a bill that was sold as former FEC Commissioners, the Na- that has been called the most secure in pandemic relief, yet less than 9 percent tional Disability Rights Network, the American history by election security of that bill was for public health fund- Institute for Free Speech, and more experts. ing to combat COVID–19, and $140 mil- than 130 other nonprofit organizations, The last election, conducted during a lion of that bill is going to a failed rail but supported by Indivisible, a group once-in-a-generation pandemic, saw project in Speaker PELOSI’s district. whose sole purpose is to elect Demo- changes that made it easier for many This week, the Democrats have put crats. I think this speaks volumes as to Americans to vote, with reforms like forth a bill titled ‘‘For the People,’’ but why my friends on the other side of the absentee voting and early voting. It the bill has nearly 800 pages of provi- aisle are rushing this bill through with also put into stark focus what many of sions that take election decisions away little debate and next to no input from us already knew: deep inequities per- from State and local officials and put Republicans. sist in our democratic system. them in the hands of the Federal Gov- Despite what my friends on the other Now comes the backlash to the in- ernment. It attacks Americans’ First side of the aisle continue to tell Ameri- crease in voter participation. That Amendment right to free speech, and it cans, this bill is not for the people. record turnout, with no credible in- publicly funds Members of Congress’ This bill is for the politicians. I urge a ‘‘no’’ vote on this bill. stances of election irregularity, stimu- campaigns using corporate dollars. Madam Speaker, I reserve the bal- lated hundreds of bills in State legisla- There is a pattern emerging. The ance of my time. tures to make it harder for Americans Democrats are bringing bills to the Ms. LOFGREN. Madam Speaker, I to vote in the future. floor under the guise of being for the yield 11⁄2 minutes to the gentleman We should protect access to the bal- people, but their bill actually benefits from Rhode Island (Mr. CICILLINE). lot, not restrict it. H.R. 1 gives voters the politicians. Mr. CICILLINE. Madam Speaker, I choices for how to cast their ballot. As I said, I have many issues with rise in strong support of H.R. 1, the For They want and need that. H.R. 1, including the mandates this bill the People Act, which would provide The bill has a minimum of 15 days of puts on States and provisions that at- the most significant reform to our early voting, minimum standards for tack our First Amendment rights. But democratic system in decades. the number and location of ballot drop I want to focus on one particular provi- This landmark legislation will boxes, and a national standard for no- sion in this bill right now, and that is strengthen our democracy by expand- excuse absentee voting. It improves ac- how the Democrats’ number one pri- ing access to the ballot, reducing the cess for voters with disabilities, ad- ority is a bill that funds their own corrupting influence of corporate dresses challenges faced by Native campaigns. money in political campaigns, and re- American voters living on Tribal lands, H.R. 1 would launder corporate dol- storing ethics and integrity to govern- and improves access for uniformed and lars through the U.S. Treasury and use ment. overseas voters. those dollars to publicly fund congres- H.R. 1 will make it easier for millions H.R. 1 ends the practice of sional campaigns. Based on 2020 fund- of Americans to vote and significantly disenfranchising Americans with a raising numbers, that creates access to increase the number of voters in this prior felony conviction who are no more than $7 million in laundered cor- country by implementing initiatives longer incarcerated. It unrigs the draw- porate dollar public funds to bolster like automatic voter registration. It ing of congressional district lines by my colleagues’ campaign coffers. This will also implement reforms that will requiring independent redistricting is the 6-to-1 match program that my hold elected officials to a higher eth- commissions, removing politics from colleague talked about for small-dollar ical standard, such as requiring Presi- the process and creating fairer maps. donations. dential candidates to disclose their tax H.R. 1 begins to remove the advan- I know when I speak with my con- returns. tages of dark money and secret donors stituents back home, establishing a These are issues that I have intro- and lets our neighbors and commu- program that helps me acquire more duced legislation on in the previous nities regain their voice to fully par- money for my campaign is not what Congress, and I am proud that they are ticipate in our political system. they think the Federal Government included in H.R. 1. H.R. 1 will amplify the voices of should be working on. Finally, H.R. 1 will include the DIS- small donors with an alternative, vol- At the Rules Committee, because CLOSE Act, which I introduced to untary matching system for financing this bill did not go through regular shine a light on unlimited spending campaigns by empowering small-dollar order and did not receive a markup in that has overrun our elections. With- contributors, without any taxpayer the House Administration Committee, out fixing our broken system and tak- funds. we submitted amendments to not only ing power from the powerful special in- The bill will save money and bolster strike this program altogether and pre- terests and returning it to the people the integrity of election administra- vent sitting Members of Congress from of this country, it will be almost im- tion. It makes improvements to our financially benefiting from this bill, possible to make progress on the issues

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.006 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H974 CONGRESSIONAL RECORD — HOUSE March 2, 2021 that are important to the American firmly against Federal overreach in the Ballots can be cast weeks before the people. constitutional responsibilities of State election under the duress of family, The DISCLOSE Act will require orga- and local governments. Unfortunately, friends, or precinct workers. Even if it nizations that spend money on our H.R. 1 flies in the face of our Gov- doesn’t rob our elections of their ac- elections to promptly disclose donors ernors, our secretaries of state, our tual legitimacy, it certainly robs them who give $10,000 or more during an elec- local election officials, and, more im- of their perceived legitimacy, destroy- tion cycle, and prevent political portantly, the people of this Nation. ing the trust that the loser of any elec- operatives from actions meant to con- If there is any other reason to be tion must have to accept the winner ceal the identity of donors. against it is why an 800-page bill went was rightful. That is the bitter legacy Madam Speaker, I urge all my col- to 11 committees and could only re- of the last election under these prac- leagues to support the For the People ceive 2 hours of a hearing in the small- tices. Act, restore democracy, return power est committee in this body. The Amer- Why would anyone want to institu- to the people of this country, and take ican people want to know what you are tionalize them? it away from the powerful special in- hiding when you continue to ramrod Ms. LOFGREN. Madam Speaker, I terests. legislation through. am delighted to yield 1 minute to the Mr. RODNEY DAVIS of Illinois. Ms. LOFGREN. Madam Speaker, I gentlewoman from Georgia (Ms. Madam Speaker, I yield 2 minutes to would just note for the record that I BOURDEAUX), a new member of our the gentleman from Georgia (Mr. am not worried about the administra- House. LOUDERMILK), a great member of the tors in Georgia. I am worried about the Ms. BOURDEAUX. Madam Speaker, I House Administration Committee, and legislature in Georgia that just passed thank Chairwoman LOFGREN for yield- my good friend. restrictions cutting Sunday early vot- ing. Mr. LOUDERMILK. Madam Speaker, ing and absentee voting and restricting After an election with record-break- I rise, not only in opposition to this the use of drop boxes to suppress the ing turnout in November, the Georgia bill, but in strong opposition, espe- vote. General Assembly has recently intro- cially to the attempt to nationalize our Madam Speaker, I yield 1 minute to duced a number of partisan bills to re- Federal elections, and the notion that the gentlewoman from Georgia (Mrs. strict voter registration and make it people like Joseph Kirk, of Bartow MCBATH). more difficult for Georgians to vote. County, Georgia, the elections super- Mrs. MCBATH. Madam Speaker, I Similar efforts are being made in intendent, who has done a phenomenal rise in support of the For the People States across the country. job administering our elections, is not Act, a bill that is critical to restoring H.R. 1 would codify into law provi- as qualified as people here in this room elections as the heart of our democ- sions to protect voters from the sys- as to how to run an election. More im- racy. temic efforts to suppress the vote, and portantly, the idea that bureaucrats up The For the People Act includes my I rise in strong support. Every voice here in Washington, D.C., can admin- bill, the Election Official Integrity must be heard and every vote must be ister an election in Bartow County bet- Act, which would make it so election counted. ter than our elections supervisor can officials can’t have a direct stake in I would like to highlight my amend- and has is a notion beyond compare. the outcome of the election that they ment, cosponsored by a number of my In fact, this flies in the face of our are overseeing. Just like it would be Georgia colleagues. It would directly Founders, especially those at the Con- wrong to have a player referee a game, counter the threats posed by partisan stitutional Convention. You see, there it is wrong for election officials to par- voter suppression efforts across the were arguments against Article I, Sec- ticipate in Federal campaigns. country by ensuring that drop boxes tion 4, the Elections Clause, because As a representative of the great are easily accessible to all Americans, the fear that was stated was that those State of Georgia, I know the impact of no matter where they live. in power could use that power to ma- our elections, and they are too impor- It would safeguard access to absentee nipulate elections to keep them in tant and too valuable to the foundation ballots and promote voter registration power, that one day someone would use of our democracy to risk even the ap- efforts rather than trying to limit this authority to manipulate the elec- pearance of impropriety. The Election them. I urge my colleagues to pass tions so they can maintain power. Official Integrity Act is a common- H.R. 1 to protect the sacred right to Madam Speaker, I believe we have ar- sense step toward restoring the Amer- vote. rived at that. ican people’s confidence in our elec- H.R. 1 will also end partisan gerry- Now, Alexander Hamilton, he argued toral process. mandering, place people over special the opposite. He said it is important Madam Speaker, I urge my col- interests, and enable free and fair elec- that institutions of government be able leagues to stand with me in supporting tions. I resolutely urge my colleagues to preserve themselves, but this was a H.R. 1 and ensuring our Federal elec- to support the adoption of H.R. 1. backup. It was a backup that the tion officials work for the people. Mr. RODNEY DAVIS of Illinois. States had the priority to run their Madam Speaker, I yield 11⁄2 minutes to b 0930 own elections. In fact, he said it should the gentlewoman from New York (Ms. only be used when ‘‘extraordinary cir- Mr. RODNEY DAVIS of Illinois. TENNEY), the newest member of this cumstances might render that inter- Madam Speaker, I yield 1 minute to Congress. position necessary to its safety.’’ the gentleman from California (Mr. Ms. TENNEY. Madam Speaker, I rise We are not in that extraordinary cir- MCCLINTOCK). today in opposition to H.R. 1, the so- cumstance. In fact, the extraordinary Mr. MCCLINTOCK. Madam Speaker, called For the People Act. circumstance that will be stated over democracies die when one party seizes My colleagues on the other side of and over again is how we ran the elec- control of the elections process, elimi- the aisle are touting this sweeping leg- tion in 2020 under COVID. nates the safeguards that have pro- islation as a win for transparency and Now, many of the provisions set out tected the integrity of the ballot, election integrity. Nothing could be in this legislation, including universal places restrictions on free speech, and further from the truth. mail-in ballots, a ban on voter ID laws, seizes the earnings of others to pro- This bill is an attempt to destroy de- and mandated ballot harvesting, were mote candidates they may abhor. That mocracy by federalizing aspects of U.S. changes that were made by States ille- is the bill before us today. elections constitutionally delegated to gally in 2020 that caused a lot of the The most dangerous provision na- the States. It would prohibit common- problems that we saw. tionalizes the mass mailing of ballots sense voter ID rules, encourage ballot The SPEAKER pro tempore. The to voter rolls that contain untold num- harvesting, require no-excuse absentee time of the gentleman has expired. bers of people who have moved or died. and early voting, permit felons and Mr. RODNEY DAVIS of Illinois. It allows ballot harvesters to knock on noncitizens to vote, and make colleges Madam Speaker, I yield an additional doors and collect these ballots. There and universities trusted voter registra- 30 seconds to the gentleman. is no chain of custody from the time tion agencies. Mr. LOUDERMILK. Madam Speaker, the ballot is mailed until the time it is I know firsthand the need for elec- it may be a novel idea, but I stand returned. tion reform and the consequences of

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.007 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H975 elections run without transparency and Mr. DOGGETT. Today’s bill favors Mr. RODNEY DAVIS of Illinois. oversight. I was sworn into office over turning out the votes, not throwing Madam Speaker, I yield 1 minute to 30 days late, after an exhaustive 100- them out. Let’s protect American de- the gentleman from Oklahoma (Mr. day postelection count in the race for mocracy which worships, above all, the LUCAS), a very good friend. New York’s 22nd Congressional Dis- voice of the people expressed through Mr. LUCAS. Madam Speaker, I rise trict. In the run-up to the 2020 election, free and fair elections; not bowing be- in opposition to H.R. 1. New York Governor Andrew Cuomo fore the golden idol of one who has be- As the ranking member of the rushed through a series of executive or- trayed our country. Science, Space, and Technology Com- ders that mirrored many of the policies Mr. RODNEY DAVIS of Illinois. mittee, I am particularly concerned the Democrats are now proposing in Madam Speaker, I yield 1 minute to that H.R. 1 would adversely impact the H.R. 1. The result was one of the most the gentleman from California (Mr. work done by the National Institute of poorly run elections in the entire Na- VALADAO), a refreshing sight to see Standards and Technology on election tion. It was a disgrace to our system of back on the House floor. security. government. Mr. VALADAO. Madam Speaker, I NIST is responsible for conducting If H.R. 1 had become law, I can con- thank the ranking member for yield- research on voting technologies, devel- fidently say it would have been vir- ing. oping standards and best practices that tually impossible to conduct a fair and Madam Speaker, I rise today in oppo- help ensure the security of voting sys- transparent race. New York’s election sition to H.R. 1, the For the People tems, and providing technical guidance debacle reveals H.R. 1’s real-world con- Act. This piece of legislation under- to the Election Assistance Commis- sequences. mines State authority over voter reg- sion. In short, NIST’s work is critical If this legislation had been adopted, istration and election procedures while to helping States and localities con- the errors exposed in my race wouldn’t federally mandating practices we have duct safe, secure, and accessible elec- be the exception. It would have been seen fail in California during the 2018 tions. bureaucratic chaos and that would and 2020 election cycles. So why doesn’t this bill include any have been the norm. California’s motor voter law auto- of the technical feedback provided by The SPEAKER pro tempore. The matically registers people to vote when time of the gentlewoman has expired. NIST last year? registering their car or applying for a I am deeply concerned that we are Mr. RODNEY DAVIS of Illinois. license with the DMV. This program limiting NIST’s ability to do their job. Madam Speaker, I yield an additional was found to create over 120,000 errors, This is just one example of how this 30 seconds to the gentlewoman from including registering at least 1,500 resi- rushed attempt to score political New York. dents who were not eligible to vote. points has given precedence over put- Ms. TENNEY. Mr. Speaker, it is clear Senator PADILLA, while serving as we need reforms to restore confidence California’s secretary of state at that ting forth meaningful legislation. This in our elections, but what my Demo- time, stated these mistakes ‘‘threat- legislation would do more harm than cratic colleagues are proposing would ened to undermine public confidence in good. I urge my colleagues to reject the dramatically change election law. The the program.’’ bill. American people are demanding a com- H.R. 1 exposes our elections to voter Ms. LOFGREN. Madam Speaker, I monsense framework for election re- fraud and is especially dangerous at a am honored to yield 1 minute to the form that strengthens security without time when so many Americans are gentlewoman from Minnesota (Ms. compromising integrity. questioning the validity of election re- CRAIG). Congress should focus on delivering sults. I ask my colleagues to join me in Ms. CRAIG. Madam Speaker, across results to the American people, not voting ‘‘no’’ on H.R. 1. this country, people of all political per- perpetuating their own power at an ir- Ms. LOFGREN. Madam Speaker, I suasions are profoundly frustrated with reversible and grave cost to our demo- am happy to yield 1 minute to the gen- the conflicts of interest and divisive cratic principles. tleman from California (Mr. LEVIN). politics practiced in this town. Ms. LOFGREN. Madam Speaker, I Mr. LEVIN of California. Madam And who could blame them for their yield 1 minute to the gentleman from Speaker, our democracy is in grave frustration? Texas (Mr. DOGGETT). danger. We are seeing unrelenting ef- Their votes are being suppressed by Mr. DOGGETT. Madam Speaker, this forts across the country to suppress power-hungry folks at all costs. The bill restores guardrails to our democ- voters and limit access to the ballot people are tired of the revolving door of racy that almost went off the rails as box, particularly in communities of lobbyists and special interests working Republicans pledged their loyalty to color. We are seeing record-breaking to diminish their trust in this institu- the cult of Donald Trump. Republicans waves of dark money backing can- tion and in us. have long found success creatively sup- didates and campaigns with no trans- But maybe that is what some people pressing the votes, restrictive voter ID parency or accountability, and we are want, for Americans to become so frus- laws, limiting voter hours, locations, trated, bone tired of standing in long and extreme gerrymandering. seeing efforts to increase partisan ger- lines, that they just give up and go Having repressed votes for so long, it rymandering that allows politicians to is hardly a surprise that their reaction pick and choose who they represent. home. to those voters who manage to over- It is wrong and it is undemocratic. It is long past time that Congress come the many obstacles placed in We need to make it easier to vote for brought a little more Minnesota com- their way is now turned to throwing those who are legally eligible other- mon sense to America in clean and fair out and repressing the vote and ignor- wise to vote, not harder to do so. We elections. That is exactly what this bill ing the will of the majority. need more transparency in our cam- will accomplish by expanding voting Fearing voters, fearing account- paigns, not less. We need to strengthen rights, ending the dominance of dark ability, in their opposition to this bill ethics rules, not weaken them, and we money in our politics, and finally ad- and in legislative efforts across the need to pass the For the People Act. dressing partisan gerrymandering. country in some 43 States, the Repub- This bill will transform our democ- We must reform if we are to hold on lican solution to losing power in the racy and return power to the people, to this democracy. Madam Speaker, we last election is to reduce the number of where it belongs. It will ensure that must do it now. voters in the next election. every American who is eligible to vote Mr. RODNEY DAVIS of Illinois. Truth for them is not a matter of the can do so easily and securely. It will Madam Speaker, I yield 1 minute to facts. It is whatever Trump declares. crack down on the culture of corrup- the gentlewoman from Arizona (Mrs. Fraud is their description of any elec- tion that has defined Washington for LESKO), my good friend. tion that they lose. far too long. It will finally end the era Mrs. LESKO. Madam Speaker, I The SPEAKER pro tempore. The of dark money in our politics that has thank the gentleman for yielding, and time of the gentleman has expired. plagued this House for years. I rise in opposition to this bill. Ms. LOFGREN. Madam Speaker, I Madam Speaker, I urge my col- H.R. 1 is for the politicians, not the yield the gentleman from Texas an ad- leagues to defend our democracy and to people. The bill weaponizes the Federal ditional 30 seconds. support this legislation. Election Commission, infringes on

VerDate Sep 11 2014 04:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.009 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H976 CONGRESSIONAL RECORD — HOUSE March 2, 2021 States’ rights, and drastically limits rupting just about anything—including No, their number one priority is freedom of speech. elections; which is why I shake my themselves and their elections. Instead Arizona requires voter ID and pro- head at the language in this bill that of prioritizing these important issues, hibits ballot harvesting. H.R. 1 will provides a 6-to-1 match for donations they have offered H.R. 1 to eliminate undo Arizona laws. up to $200. Last Congress, they tried to our State-based system of elections, to This bill also puts people’s privacy do it with taxpayer money. That didn’t codify practices like ballot harvesting, and security at risk by requiring the go over so well, so now they try again; and to establish a Federal match with disclosure of personal information for this time, with some crazy shell game taxpayer funds for campaign contribu- political advertisers. The bill is solely to accomplish the same result. tions. designed to benefit politicians from I also believe that most Americans I guess Federalizing our elections be- one particular political party. will agree that the right to vote is comes the only option when your ideas, Madam Speaker, I urge my col- among the most precious we have. It is the very thing our constituents should leagues to vote against this bill. more important than getting on an air- be judging us on, are defunding our po- Ms. LOFGREN. Madam Speaker, may line. It is more important than buying lice and promoting government-run I inquire as to the time remaining? an adult beverage. It is more important healthcare. The American people have The SPEAKER pro tempore. The gen- than cashing a paycheck at your local soundly rejected those ideas, but that tlewoman from California has 19 min- bank. hasn’t stopped our colleagues from utes remaining. The gentleman from Why we would weaken our ability to finding a way to work around the will Illinois has 18 minutes remaining. prove certain the identities of people of the American people. Ms. LOFGREN. Madam Speaker, I voting in our elections is a mystery to Madam Speaker, the bill we are de- bating today, H.R. 1, is that am delighted to yield 11⁄2 minutes to me. the gentleman from New York (Mr. Trying to convince us that H.R. 1 is workaround and, if adopted, will allow JONES), who is a new Member from New for the people is like saying, You are our colleagues to continue bypassing York and an expert in election law. with the Federal Government and you the issues most important to the peo- Mr. JONES. Madam Speaker, today, are here to help us. ple while guaranteeing their reelection we legislate for the people. No, thank you. to Congress. Our passage of H.R. 1 is deeply per- Ms. LOFGREN. Madam Speaker, I The American people are smart, and sonal to me. Unlike many of the people yield 1 minute to the gentlewoman they are going to remember when they step into the voting booths next No- we are used to seeing in our politics, I from New Mexico (Ms. LEGER vember that the top priority for House don’t come from money or from a polit- FERNANDEZ). It is an honor to recognize Democrats was not to address the ical family. I was raised by a young, her as a member of the Committee on health or safety of the American peo- single mother who worked multiple House Administration and one of the ple, it was to undermine our Constitu- jobs to make ends meet, and we still newest Members in the House, but an accomplished attorney. tion in order to win elections. needed Section 8 housing and food Madam Speaker, I urge everyone in Ms. LEGER FERNANDEZ. Madam stamps to get by. this Chamber to vote ‘‘no’’ on H.R. 1. Of course, my family struggles could Speaker, increased voter participation Ms. LOFGREN. Madam Speaker, it is be traced to one common cause, and should be the goal of every legislator, interesting to listen to some of the that is our broken democracy. At the Republican or Democrat. Anything less comments that are made here this root of why housing, higher education, is a betrayal of our democratic ideal. morning. We have talked a lot about and healthcare are out of reach for so Madam Speaker, 4 million more Article I, Section 4, that says that the many millions of Americans is the fact Latino voters cast a ballot in 2020 than Congress may at any time regulate that our democracy does not reflect in 2016. Native Americans defied the these elections. But what is the basis the will of the American people. Inde- devastation of COVID to come out and for that? It is really Article IV, Section pendent redistricting commissions vote in higher numbers. And now, 4, which says, ‘‘The United States shall would change that. States across our country are trying to guarantee to every State in this Union When I ran for Congress, the first turn away these citizens. a Republican Form of Government.’’ question political insiders asked me H.R. 1 is necessary, now more than If a majority of voters vote and their wasn’t what I would be campaigning on ever, to protect the rights of every cit- votes are not powerful, they are not or how much support I had in my com- izen to register, to vote absentee, or by counted. Or if Americans are prohib- munity, but, rather, how much money mail if you live on a reservation or just ited from voting, even though they could I raise? work on Tuesdays. should be able to cast their vote, that Public campaign financing would We brought New Mexico’s experience is not a Republican form of govern- change that. to this bill to improve voting access for ment. So what we are doing here is the Many people were surprised that I de- Native Americans, respect Tribal land most important thing we could do, feated a billionaire who tried to pur- boundaries during redistricting, and re- which is to preserve our American de- chase this congressional seat. But my duce wait times at the polls. mocracy. election should not be the exception to Our democracy is the very founda- Madam Speaker, I yield 1 minute to the rule; rather, it should be the norm. tion on which we rest every American the gentleman from Maryland (Mr. Once we pass H.R. 1, it will be. ideal. We love it, and we must protect HOYER). it for the people. Mr. HOYER. Madam Speaker, I b 0945 Mr. RODNEY DAVIS of Illinois. thank the chairwoman for yielding, Mr. RODNEY DAVIS of Illinois. Madam Speaker, I yield 11⁄2 minutes to and I thank JOHN SARBANES, my col- Madam Speaker, I yield 11⁄2 minutes to the gentleman from the great State of league from Maryland, for all the work the gentleman from Arkansas (Mr. Minnesota (Mr. EMMER), my good that he has done and the extraordinary WOMACK), my good friend. friend. leadership that ZOE LOFGREN has done Mr. WOMACK. Madam Speaker, I Mr. EMMER. Madam Speaker, I in bringing this bill to the floor last thank the ranking member for the op- thank the gentleman for yielding. year and bringing it back this year. It portunity to speak. Madam Speaker, for the second con- was passed with unanimous support on Madam Speaker, you don’t need to secutive Congress, House Democrats our side of the aisle because our Mem- identify as a Republican or a Democrat have shown us what their priorities bers know that Americans are frus- to want free and fair elections. Frank- are. trated, and they feel somewhat shut ly, ask any American and I am pretty Is their top priority, H.R. 1, about out from their democracy. This is a bill sure they will agree that the corner- improving roads and bridges? No. for the people. stone to any legitimate democracy is Is their top priority, H.R. 1, about I thank all of those who have worked the ability to freely choose their lead- improving access to healthcare? No. for so long on making sure that Ameri- ers. Is there top priority, H.R. 1, about cans have access to the ballot. I am also pretty sure that they will ensuring that our communities are Madam Speaker, last year, we lost an agree that money has a way of cor- safe? Absolutely not. extraordinary giant in our country. His

VerDate Sep 11 2014 05:04 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.011 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H977 name was John Lewis, an acolyte of people who they think will vote legislation so consequential to our de- Martin Luther King Jr., and a servant against them to vote. mocracy and our ability to deliver re- for the people. H.R. 1 would be the most consequen- sults for our constituents. This is a very, very important bill. tial piece of voting rights legislation But I also ask the American people One could say that everything else we enacted since we passed the Help Amer- to join me in believing in what govern- do depends on this bill because, in our ica Vote Act, which I was proud to ment can achieve when we take steps democracy, government only works if sponsor. to make it work in the way our Found- those it serves have faith that it is Second, this bill roots out corruption ers intended. truly a government ‘‘of the people, by in government by increasing ethical With the challenges we are facing, the people, and for the people.’’ standards and limiting the corrosive ef- with the divisions and mistrust that Madam Speaker, of course, it was fects of dark money in our political abound, let us seize this moment, as Abraham Lincoln who spoke those campaigns. Lincoln once did, to rededicate our- words, mourning those who gave their My mother used to say: ‘‘Consider selves to the work of ensuring that lives in a great struggle to preserve our the source.’’ Consider who is talking to ‘‘government of the people, by the peo- Union as it faced the evils of slavery, you. And if you don’t know who is con- ple, and for the people shall not perish sedition, and secession. tributing, if you don’t know who is from this Earth.’’ That war was a war to not only give paying for those ads for Citizens for a Let us do so with a strong—and my freedom to other human beings, but it Better America, who is against that. hope is bipartisan—vote to pass H.R. 1 was also a war, at its heart, which tried But you don’t know who it is. You and send it to the Senate. to live out the creed that all men are don’t know what interest they have Mr. ROY. Will the gentleman from created equal; endowed by their cre- that they are paying out millions of Maryland yield? ator—not by this Congress, not by the dollars to promote. Mr. HOYER. Madam Speaker, I would majority, not by the Constitution, not By forcing super-PACs to disclose be glad to yield to my friend. by the President, or any of us, but by their donors, H.R. 1 will ensure that Mr. ROY. Madam Speaker, I appre- their creator—with certain unalienable American voters know exactly who is ciate the gentleman yielding. rights. And certainly, in a democracy, paying for the campaign ads they see Madam Speaker, as the gentleman voting, knowing who you are voting or hear. And by requiring Presidential knows, we have had a dialogue back for, knowing who you are supporting, and Vice Presidential candidates to re- and forth about the need for amend- who you are voting for are critical. lease 10 years’ worth of tax returns, as ment, the need for debate on the floor. Even in that dark moment of the most have done—with one singular, And what I would ask the gentleman Civil War, when so many were losing stark exception—it will provide voters is, for example, if the gentleman would hope for the success of our great Amer- with information critical to ensuring agree that in 2004 we had former Presi- ican experiment in democracy and con- that those seeking our highest offices dent Jimmy Carter, Democrat, and stitutional government, President Lin- are free from conflicts of interest. Are James Baker, Republican—hardly coln encouraged us to renew our faith they representing themselves or are ideologues from the standpoint of divi- as Americans in that project. they representing the people? sion that we see today—agree that Now, in 2021, though the crises we Third, H.R. 1 will end partisan redis- there are issues of bail and balance. face are different than in 1863, our Na- tricting, whereby politicians choose And what I would ask is: Why don’t tion is clearly facing grave challenges. their voters instead of the other way we have a debate here on the problems January 6 taught us that. January 6 around. Too many voting districts are and concerns and potential fraud with took us by the scruff of the neck and drawn in a way to limit voters’ voices mail-in ballots that is a nonpartisan shook us and said, ‘‘Beware, lest you in our democracy. concern? That is one example, and lose your democracy.’’ So many times we saw the central there are bunch. Why do we not have A pandemic has led to the deaths of city cut up into pies, where you had a that debate robustly here on the floor more than half a million Americans. sliver of the city here, a sliver of the for the American people to see, if we Its subsequent economic crisis has put city here. And all of you know that are talking about transparency? more than 10 million out of work and happened. What was it designed to do? And I ask the question respectfully of millions of families and small busi- To take away the voting power of those the gentleman from Maryland. nesses are struggling to get by. who the people in the State legislature b 1000 Deep racial and political divisions did not like. threaten to tear our country apart Now, most of you are too young to Mr. HOYER. Madam Speaker, I think with misinformation and mistrust as remember Baker v. Carr and Reynolds that is a legitimate debate to have. I dangerous to our Republic as any virus v. Sims, when the Supreme Court said, think we have been having that debate. or recession. ‘‘Oh, no, we are not representing trees, Very frankly, I tell my friend from Madam Speaker, the American peo- we are representing people, and you are Texas that I think we won that debate. ple must have faith that their govern- going to have to district.’’ We won it in the courts over and over ment is truly theirs; their collective And then we had subsequent legisla- and over again, but understand that expression and will is heard; and that tion which said, you cannot make it does not mean we ought not to have it can deliver results that improve impossible for certain constituencies the debate here. their lives and offer them hope for a to elect people who look like them, Madam Speaker, I would not be op- better future. That is what H.R. 1 does, talk like them, think like them. That posed to such a debate. This bill, I the For the People Act: Reassure the has to end, and the only way to do it is think, is a bill which has been debated American people that their govern- through a national approach that cre- over and over again in committee and ment will always work for them. ates, as this bill does, a nonpartisan on the floor and has passed through the First, it will protect the sacred right process in each State. Senate. Unfortunately, the Senate to vote—protect the sacred right to Madam Speaker, lastly, H.R. 1 in- didn’t take it up. We didn’t have a con- vote—by ensuring that every American cludes a number of provisions to in- ference because they had a different can participate equally and without crease transparency and accountability perspective on the question the gen- undue barriers to casting their ballots. so that the American people can see tleman raises. They chose not to de- No counting of jelly beans in a jar; no what their elected officials are doing bate it. They chose not to address it. reciting verbatim the Constitution and and make sure they are doing their They chose to ignore the problems that Declaration of Independence; no poll jobs properly. clearly do exist. tax; no effort to make it more difficult Through all of these steps, House Madam Speaker, I think the gentle- for people to register, more difficult to Democrats will deliver on our pledge to man’s point is well-taken. I think, at vote. renew Americans’ faith in government some point in time in the future, we Bloody Sunday, a stark example of by making sure it works for the people. ought to have that debate, either on how committed some people were and Madam Speaker, I urge my col- legislation you introduce or others in- some people still are, to not permitting leagues to join me in supporting this troduce. I would support that effort.

VerDate Sep 11 2014 05:04 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.013 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H978 CONGRESSIONAL RECORD — HOUSE March 2, 2021 Mr. RODNEY DAVIS of Illinois. Mr. BIGGS. Madam Speaker, the ma- time check to see how much we have Madam Speaker, just for the viewers jority leader just said: Everything we left? on C-Span who wondered why time do depends on this bill. The SPEAKER pro tempore. Each stopped here in the House for that I guess he is right because the Demo- side has 121⁄2 minutes remaining. minute the majority leader spoke, I crats are trying to tip the scales of Mr. RODNEY DAVIS of Illinois. want to remind them all that is what elections to their party. Besides giving Madam Speaker, I yield 2 minutes to we call the majority leader’s magic the uni-party in the swamp power, the gentleman from Wisconsin (Mr. minute. funding politicians with taxpayer dol- STEIL), another member of the Com- Madam Speaker, I yield 1 minute to lars, and preventing the use of voter mittee on House Administration. the gentleman from Texas (Mr. identification laws, Democrats will Mr. STEIL. Madam Speaker, we must PFLUGER), my good friend and one of prevent ballot harvesting and mandate protect voting integrity. The bill be- the newest Members. nationwide mail-in balloting, which fore us today, H.R. 1, nationalizes our Mr. PFLUGER. Madam Speaker, I Jimmy Carter himself said is a recipe elections. It imposes poorly drafted, rise today in opposition to H.R. 1, a for fraud. unconstitutional mandates on States. twisted conglomerate of partisan poli- Madam Speaker, Democrats are so The bill weakens critical voter integ- cies meant to consolidate powers here enamored of power, it appears that rity provisions. Let me explain. in Washington, D.C., to fully cement they want to legalize cheating in elec- Madam Speaker, first, the bill guts the swamp. tions. If that isn’t enough for you, they voter ID protections. For example, in This bill bans voter ID requirements want 16-year-olds to be able to register Wisconsin, a State with strong voter nationwide. It permanently expands to vote, as well as felons and illegal ID laws, this law would allow an indi- vidual to vote without an ID by simply mail-in voting and legalizes ballot har- aliens to be able to vote. What could providing a sworn statement. That is vesting. possibly go wrong? Madam Speaker, I am particularly Madam Speaker, while most in the it. Are there other areas where we would disturbed by the fact that, if this bill country have some doubt as to the in- passes, taxpayer dollars will be directly allow individuals to avoid our laws so tegrity of our elections across both funneled to congressional candidates easily? Could you board an airplane by parties, my colleagues across the aisle and campaigns. The folks in my dis- simply providing a statement as to who want to ensure we never have an hon- trict, the 11th District of Texas, abso- you are? The purpose of this provision est election again. lutely do not approve of their hard- is to weaken the integrity of our elec- This bill is a dubious path on which earned dollars paying for TV attack tions. to embark. If we do not stop it again, ads of any candidate, much less a can- Madam Speaker, wait, there is more. it will become increasingly difficult to didate they don’t support. This bill legalizes ballot harvesting. In Madam Speaker, we need real, com- depart to a better road that actually Wisconsin, we saw a clerk in Madison monsense reforms to strengthen our restores trust in America. conduct ballot collections in broad election system. H.R. 1 does just the Madam Speaker, when I hear the ar- daylight. This bill would legalize ballot opposite. I urge my colleagues to have gument of voter suppression, I say we harvesting nationwide. The purpose of this debate, to have a transparent de- had more voters in the last election for this provision is to weaken the integ- bate, to talk about these issues, and to President than ever—more than ever. rity of our elections. come to the table for a reasonable, This bill is a monstrosity. It is a waste. Madam Speaker, if that is not bad thoughtful debate so that we can get to It is unnecessary. I urge people to vote enough, just wait. There is more. This the real issues that the American peo- ‘‘no.’’ bill will allow Federal funding of con- ple deserve. Ms. LOFGREN. Madam Speaker, I gressional campaigns. It would give Ms. LOFGREN. Madam Speaker, I yield 1 minute to the gentlewoman government money to fund politicians’ yield 1 minute to the gentleman from from Massachusetts (Mrs. TRAHAN). reelection campaigns. It would give Tennessee (Mr. COHEN), chairman of Mrs. TRAHAN. Madam Speaker, I government money to buy negative TV the Subcommittee on the Constitution, rise in strong support of H.R. 1, and I ads. I am not sure about all my col- Civil Rights, and Civil Liberties. commend the Speaker, the majority leagues in this House, but I can tell Mr. COHEN. Madam Speaker, this is leader, Chair LOFGREN, and Represent- you that not once has an individual an important and good bill. It is a com- ative SARBANES for their unwavering told me that the problem with our elec- prehensive bill that takes in a lot of leadership. tions is there is just not enough issues that are important to giving Madam Speaker, we live in a cynical money. people the opportunity to vote and the age. Some of this is due to the fact Madam Speaker, we need to strength- opportunity to elect their leaders in that the wealthy and well-connected en our election system. We need to pro- fair manners. The most important, I have been granted access and influence tect the integrity of our elections. This think, as Leader HOYER addressed all in the halls of power far beyond what is bill nationalizes our elections, weakens the points, is redistricting, to have fair. The results speak for themselves— voter integrity, is an affront to the nonpartisan redistricting commissions massive economic, health, and wealth First Amendment, and is a poor use of decide how the State legislatures and disparities. It is also due to the fact government money. the congressional seats will be designed that we have seemingly entered a post- Madam Speaker, I urge my col- so that they are geographic, under- truth era in which facts have less of a leagues to join me in opposing this bill, standable, and done without the intent grip on public debate, particularly on H.R. 1. of electing a particular party to that our social media platforms. Ms. LOFGREN. Madam Speaker, I position. Madam Speaker, the race to the bot- just received word that the legendary Madam Speaker, right now, most of tom continues, whether it is the big lie civil rights leader Vernon Jordan has the districts are determined in the pri- about the election, or gaslighting the passed. In addition to our beloved John mary; that is why we don’t have com- American people about the political Lewis, I feel we are considering this petitive districts and people coming leanings of insurrectionists, or the de- bill in his memory and also to honor closer to the center to try to work to- nial of climate change. those who came before us who worked gether. The roots of these problems cannot so hard to preserve our American de- This bill also has the John R. Lewis be solved unless we reform our govern- mocracy. Voting Rights Act. John Lewis was the ment, starting today. H.R. 1 is needed Madam Speaker, I yield 1 minute to conscience of the Congress. He almost to help dissolve the cynicism and en- the gentlewoman from California (Ms. gave his life in Selma, Alabama, to try sure that facts and honesty have a PELOSI), the Speaker of the House. to get the right to vote for people. No- place at the table once again. Ms. PELOSI. Madam Speaker, I join body should have to do that. Madam Speaker, I urge my col- the gentlewoman from California (Ms. Mr. RODNEY DAVIS of Illinois. leagues to join us in passing H.R. 1. LOFGREN) in her beautiful acknowledg- Madam Speaker, I yield 11⁄2 minutes to Mr. RODNEY DAVIS of Illinois. ment of the passing of Vernon Jordan. the gentleman from Arizona (Mr. Madam Speaker, in spite of my hesi- Madam Speaker, I also commend her BIGGS), my good friend. tance to trust this timing, can I get a for her great leadership in honoring

VerDate Sep 11 2014 05:04 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.015 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H979 our Constitution with this For the Peo- Madam Speaker, another aspect of We must ensure that all voters have ple legislation. I am fond of saying of this that distorts our democracy is the a voice in their democracy, particu- Chairwoman LOFGREN that she has so partisan gerrymandering. That is why I larly in light of many grave challenges much experience, so much knowledge, salute the distinguished chairwoman that our Nation faces today. Strong, such deep values about our Constitu- for her leadership for a long time now clean, ethical leadership for the people tion and about our electoral system in putting forth redistricting by way of is needed to tackle today’s crisis, rang- and how they are connected. I thank commission. ing from the pandemic and economic her for her tremendous leadership. b 1015 crisis to the national reckoning on ra- Madam Speaker, I also thank JOHN cial equality and justice, and, as I men- SARBANES for his long-term dedication The people should choose their politi- tioned earlier, the surging climate cri- to this For the People legislation so cians. Politicians should not be choos- sis. that we can have elections that enable ing their voters by this political gerry- The For The People Act will meet people to participate more fully. That mandering. This legislation does that. this moment. Again, the moment: re- is what this is all about. Mr. SARBANES Part of voter suppression that people storing the public’s trust in govern- chaired the Democracy Reform Task don’t always recognize is the suffo- ment, and re-empowering our leaders Force. He is the godfather of this bill. cation of the airways of big, dark, spe- to fight in the people’s interest, not His determination, his deliberation, cial interest money. the special interest. It will combat big, and his dedication to democracy have And one aspect of this bill that has dark money in politics, taking on the brought us to this important moment such popular appeal is the fact that power of special interests, forcing dis- for the American people. people will realize if we reduce the role closure, reining in the lobbyist influ- Madam Speaker, I am especially of big, dark money in politics, we in- ence and empowering small donors. pleased that this moment is happening crease the voices of the people. We will I do believe that one of the most un- in March when it is Women’s History have a better chance to preserve our democratic acts of the Supreme Court Month because I am very fond of say- planet if big, dark money, special in- of the United States in its history was ing that if we reduce the role of money terest money is not weighing in. the so-called Citizens United decision. in politics and increase the level of de- We have a better chance of pro- cency and civility, we will be able to tecting our children from gun violence How could the Justices of the Su- elect many more women, many more with background check legislation if preme Court ever have made such a de- people of color, many more young peo- big, dark money, in terms of our gun cision? ple into elective office. I am absolutely lobbies, is not weighing in. We have a I don’t know if they examined their certain of that in terms of women, and chance to reduce the cost of conscience in light of what has hap- this legislation does just that. healthcare. We have the chance to in- pened since then with big, dark money Madam Speaker, ‘‘We the people,’’ crease paychecks. The list goes on and weighing in. And they gave very little the first words of the Preamble to the on. opportunity—usually when the Court Constitution, how appropriate that Big, dark money has been an obstacle makes a decision, Congress can act, that is what this legislation is called. to progress for America’s working fam- change the law, change the perspective, I come to this conversation, not just ilies, suppressing the ability of people make it more constitutional, whatever as Speaker of the House, but as a per- to bargain collectively, suppressing the the question is; but not with Citizens son who, for years, was a leader in the rights of workers in our country. So, United. They went all out, closed every California Democratic Party. Our pur- again, this is, as Mr. SARBANES says, window to any opportunity to make pose was to remove obstacles of par- this caffeinates all the other issues be- change in the House of Representa- ticipation for Democrats or Repub- cause it gives people confidence that it tives, except one: Disclosure. licans. That is what the law requires. really can happen, that we really can Disclosure. They said, okay, you can That was the right thing to do. Wheth- pass legislation that is not dominated, pass a law that says you must disclose. er it was in registration or getting out and the debate of it is not suffocated. When this decision was made, we tried the vote, we had to be nonpartisan. The airways suffocated big, dark to have a disclosure act. We had 59 That is what this legislation does. money. votes in the Senate, not 60. So we Madam Speaker, it is very inter- Of course, we have to look at what is couldn’t pass it because the Repub- esting in the rules of the House that we licans in the Senate said, No, we can- can have people misrepresent the facts, happening in terms of misinformation in the social media and the rest. And not insist on disclosure. but if we call them on it, our words are When that happened, the Chamber of taken down for mistrusting the integ- what we want to do is to clear the air; clear the air of that big, dark money; Commerce, it was reported that they rity of Members. But let’s be very said, oh, if we had to disclose, our clear: There is no public funding use of clear the air of political gerry- mandering; and clear the air of the members would not be giving of their taxpayer money for congressional races chamber, would not be giving in the big in this legislation, no matter what you voter suppression that is out there. Just last night, the Georgia House amounts because they didn’t want the hear someone else say. There will be an public, their employees, their cus- amendment on the floor. passed a draconian new voter restric- tomers, their clients to know how Madam Speaker, speaking of amend- tion bill, which would end weekend much big money they were spending to ments, there are 56 amendments. The voting, slash the number of mail ballot list takes pages and pages and pages, so drop boxes, impose restrictive voter ID suppress the vote and the discussion in this will take a couple of days to deal for mail ballots, among other actions. our country. with. This idea that we don’t have a They know that their issues are los- So the Republicans supported low full discussion and full amendment ers with the America people when they disclosure. The money flowed and con- process, let’s not talk about process. oppose some of the issues that are very tinues to flow. It must be stopped. Let’s talk about the policy and what popular in the public domain. They Now, it would take a constitutional we hope to achieve. know that big money and voter sup- amendment to overturn Citizens The first 300 pages of this bill were pression is their path to victory, and United, and I think we should strive for written by John Lewis to eliminate that is why they are engaged in this. that. However, in the meantime, it voter suppression, which has become These voter suppression tactics are would take an act of Congress to say: rampant in our country. How do we say fundamentally discriminatory. You are proud of who you are sup- to our Founders, ‘‘We salute you for In 2018, 70 percent of the Georgia vot- porting in a big, dark money way? what you have done, and we are going ers purged from the rolls were African Disclose it. Let’s have disclosure. to do everything in our power to make American. And nationwide, counties The public has a right to know, your sure we suppress the vote’’? It is so in- with larger minority populations had employees have a right to know, your consistent. We see even just in recent fewer polling places and poll workers customers and your community has a days a torrent of pieces of legislation per voter. In fact, 1 in 13 Black Ameri- right to know how you are weighing in to reduce voter participation. So, that cans cannot vote due to disenfranchise- against their interests, against clean is what we are going to do. ment laws nationwide. air for their children, clean safety in

VerDate Sep 11 2014 05:04 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.016 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H980 CONGRESSIONAL RECORD — HOUSE March 2, 2021 terms of water safety in their neigh- Mr. RODNEY DAVIS of Illinois. ters, the first from more than 150 borhoods in terms of gun violence pro- Madam Speaker, I yield myself such groups urging support for the For the tection, safety in terms of preserving time as I may consume. People Act, including the American the planet, safety in terms of issues Madam Speaker, no matter how Friends Service Committee, the Center that relate to the health. The list goes many times Speaker PELOSI and the for Disability Rights, Common Cause, on and on. Democrats continue to say that there Franciscan Action Network, the There is a direct connection between is not a publicly funded program to put League of Conservation Voters, NET- the suppression of the vote; the suffo- money directly into her Members’ con- WORK Lobby for Catholic Social Jus- cation of the airways with big, dark gressional campaigns, it doesn’t make tice and the Sierra Club. money; and the health and well-being her statement true. DECLARATION FOR AMERICAN of the American people. In this bill, it is the first-ever cor- DEMOCRACY, So this bill will combat big, dark porate money since 1907 that is February 5, 2021. money in politics. As I said, it will ex- laundered through the Federal Govern- Re More than one hundred and fifty Groups pand voting rights, ensuring secure and urge support for the For the People Act ment, through the Department of (H.R. 1/S. 1). accurate elections, guarding elections Treasury, and goes right into our own DEAR MEMBER OF CONGRESS: On behalf of from foreign interference. Let me say congressional campaigns, up to $7 mil- the below organizations representing tens of that again. lion, using 2020 numbers. millions of Americans, we write in strong Why would the Republicans oppose Madam Speaker, I am angry that the support of H.R. 1/S. 1, the For the People guarding the elections from foreign in- Speaker continues to talk about Act. This transformational democracy re- terference? States, like Georgia, following the law form package would help return power to ev- This is one of the most popular as- to make sure that their voter rolls are eryday American families and amplify the pects of this legislation in the public. complete and accurate when, in her voices of communities that have historically Again, the For the People Act would own home State of California, the cor- been marginalized in our democracy. hold elected officials accountable, es- For far too long, special interests, wealthy rupt secretary of state would not even donors, and vote suppressors have dominated tablishing tougher ethics, establishing commit to removing over 400,000 de- our politics and attempted to silence the conflict of interest rules for all govern- ceased or moved voters from the voter voices of everyday Americans, especially in ment officials to ensure that public of- rolls, and many of them, if not all of Black and Brown communities. The For the ficials are working for the public good. them, got live ballots. People Act would help shift power away from The For the People Act is unifying, This bill would place the corruption bad actors and transfer it to ‘‘we the peo- supported by a majority of the Amer- that we see in California and export it ple.’’ ican people across the country, Demo- nationwide. Let me tell you, that cor- The 2020 election has underscored the ur- gent need for transformational democracy crats, Republicans, Independents, more rupt secretary of state, huh, what a than 170 civil rights groups, environ- reform. Across the nation, Americans experi- deal, we now call him a U.S. Senator. enced unprecedented voter suppression, his- mental, faith-based, consumer protec- Madam Speaker, I yield 1 minute to toric levels of dark money spent to drown tion, and gun safety groups, all of the gentleman from Texas (Mr. ROY). out the voices of everyday Americans, and whom know this legislation is urgently Mr. ROY. Madam Speaker, I would rampant ethical abuses. One bill, the For the needed. point out that the Speaker of the People Act, addresses many of these prob- Two examples. Stacey Abrams of House came to the floor and used her lems. Therefore, we are urging Congress to Fair Fight wrote yesterday: ‘‘The For magic minute, but doesn’t stay on the make this pro-voter, anti-corruption legisla- tion a first priority in the 117th Congress. the People Act understands the facets floor and debate. There is no debate on of free and fair elections: mitigating Common-sense reforms in the For the Peo- this floor. ple Act, most of which are deeply popular voter suppression, advancing a fair re- And then the Speaker said that there across the political spectrum and have districting process, and empowering were amendments, 56 amendments. passed in many states and localities, aim to small dollar donors to have a more Forty-nine of them are Democratic accomplish three overarching goals: (1) pro- prominent rule in our elections. To- amendments, hand-selected by a small tecting and strengthening the sacred right to gether, this comprehensive bill signals group in the Rules Committee. Forty- vote, (2) ending the dominance of big money a restoration of our Nation’s commit- nine are Democratic amendments. in politics, and (3) implementing anti-cor- ruption, pro-ethics measures to clean up gov- ment to the most durable democratic So don’t buy into the Kabuki theater Republic.’’ ernment. that you are seeing on the floor of the Many of the critical issues that our nation I will say it again: Together, this House of Representatives. faces—ensuring quality, affordable health comprehensive bill signals a restora- You know what? care, creating good paying jobs, combating tion of our Nation’s commitment to I can’t ask to take down the words of climate change, and achieving racial justice, the world’s most durable democratic the Speaker, even though the essence to name just a few—cannot be fully solved Republic, the United States of Amer- of her argument is that I am a bigot. until we fix our broken democracy. Wealthy ica. Let’s be very clear. The arguments special interests have too strong of a grip on the status quo, and we need to first unlock Passing and enacting H.R. 1 will put being distilled on the floor today is the American people back in charge of this stranglehold that they have on our po- that Republicans, my colleagues and I, litical system. the Republic, paving the way for trans- that we are bigots. We therefore urge you to support and vote formative progress in terms of policy Why? for H.R. 1/S. 1, the For the People Act, early for our country, for the future, for our Because they use fancy words like in the 117th Congress to help put the people children. With this legislation, we can ‘‘voter suppression’’ to say that we are back in charge of our democracy. build back better for the people, ad- wanting to tamp down people’s access Sincerely, vancing justice, opportunity, and to polls. Declaration for American Democracy (DFAD), African American Ministers In Ac- progress for families in every ZIP Code. Nothing can be further from the Madam Speaker, to restore our de- tion, American Federation of Teachers truth. Heaven forbid we want to use (AFT), American Friends Service Com- mocracy and to advance progress for voter identification. Heaven forbid we mittee, American Promise, Americans for the people, I urge a strong vote for want to honor the will of the people Financial Reform, Americans for Tax Fair- H.R. 1, the For the People Act. through their legislature in the States ness, Bend The Arc, Brady United Against Again, I express my appreciation to passing rules to make sure that our Gun Violence, Brennan Center for Justice, Madam Chair ZOE LOFGREN, JOHN SAR- system is actually working, using Center for American Progress, Center for BANES, and so many others; MONDAIRE voter identification that the American Disability Rights, Center for Media and De- JONES, speaking for the freshman class mocracy, Center for Popular Democracy, people use to fly, that the American Citizens for Responsibility and Ethics in and what it means to young people to people use to do everything else. If I come into the process, not to be Washington (CREW), Clean Water Action, demand that, I am a bigot. Climate Law & Policy Project, Climate Re- blocked by big, dark money and foreign b 1030 ality Project, Coalition to Stop Gun Vio- influence in our elections. lence, Common Cause. Vote against foreign influence in Ms. LOFGREN. Madam Speaker, I in- Communications Workers of America, Con- elections. Vote for H.R. 1. clude in the RECORD a number of let- gregation of Our Lady of Charity of the Good

VerDate Sep 11 2014 06:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.017 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H981 Shepherd, U.S. Provinces; DC Vote, Defend Arlington Young Democrats tice issue. It is a civil rights issue. And the Democracy, DemCast USA, Democracy 21, Indivisible Below the Beltway need for legislative action is urgent. The Democracy Initiative, Democracy Matters, Madison County Democratic Committee U.S. House of Representatives passed the For Democratic Policy Center, Earthjustice, Network NOVA the People Act in March 20 I 9, and we are Earthworks, Endangered Species Coalition, Persist Fairfax pleased that Speaker Pelosi has committed End Citizens United // Let America Vote Ac- RepresentUS Virginia—The Clean Money to making this bill a top priority in the new tion Fund, Equal Citizens, Faith in Public Squad Congress. Life, Faithful America, Fix Democracy RISE for Youth The recent and deadly attack on the U.S. First, Franciscan Action Network, Free SW Poor People’s Campaign Capitol by far-right extremists attempting Speech For People, Friends of the Earth Unitarian Universalist Church of Arlington to overturn the free, fair, and secure 2020 U.S., Government Accountability Project. Virginia presidential election was a catastrophic re- Green Latinos, Greenpeace USA, Herd on Unitarian Universalist Legislative Min- minder of the fragility of our democracy. the Hill, Hispanic Federation, JPIC Com- istry of Virginia This violent insurrection did not happen in a mittee of USA/Haiti Province of Religious of Unitarian Universalist Congregation of vacuum. It was paired with numerous hur- Jesus and Mary, Ladies Who Launch, Law- Fairfax dles that voters faced during the pandemic- yers for Good Government (L4GG), Leader- Virginia Coalition of Human Rights plagued 2020 election cycle and exacerbated ship Conference of Women Religious, League Virginia Democracy Forward (VADF) by the relentless efforts by President Trump of Conservation Voters, League of Women Virginia Justice Democrats to undermine election integrity, impose bar- Voters of the United States, Main Street Al- Virginia Political Cooperative riers to the ballot box, and discount the liance, March for Our Lives, Maryknoll Sis- Winchester Frederick County Democratic votes of communities of color. These experi- ters, Mi Familia Vota, Moms Demand Ac- Committee ences reinforce the urgent need to repair our tion, MomsRising, NARAL Pro-Choice Amer- WEST VIRGINIA democratic system. The historic voter turn- ica, National Advocacy Center of the Sisters Catholic Committee of Appalachia out in the November election despite these of the Good Shepherd, National Association Mid-Ohio Valley Climate Action challenges demonstrated the determination of Councils on Developmental Disabilities, National Association of Social Workers and resilience of the American people. Not every flaw in our democracy can be National Association of Social Workers. West Virginia Chapter easily fixed, but there are strong and ready National Council of Churches of Christ in National Rural Social Work Caucus (WV) solutions to many of the most significant the USA (NCC), National Council of Jewish OVEC-Ohio Valley Environmental Coali- voting rights problems. H.R. 1 would enhance Women, Natural Resources Defense Council, tion and ensure democracy in America by estab- Network for Responsible Public Policy, NET- Our Future West Virginia lishing many critical reforms in federal elec- WORK Lobby for Catholic Social Justice, RiseUpWV West Virginia Environmental Council tions, including: New American Leaders/New American Lead- Ensuring early voting and polling place no- West Virginia Poor People’s Campaign ers Action Fund, Oil Change U.S., Pax Chris- tice: H.R. 1 would require at least 15 consecu- Women’s March West Virginia ti USA, People Demanding Action, People tive days of in-person early voting including WV Citizens for Clean Elections For the American Way, People’s Action, weekends, for a minimum of 10 hours each Poligon Education Fund, Population Connec- WV Citizen Action Group WV Working Families Party day, and ensure that early voting polling tion, Pride at Work, Progressive Turnout places are accessible by public transpor- Project, Protect Democracy, Public Citizen, Ms. LOFGREN. Madam Speaker, I tation. The bill would also require that vot- Public Wise, Publish What You Pay-US, Re- will include in the RECORD more letters ers be given a minimum of seven days’ notice claim Our Democracy, Rock the Vote, Serv- in support of this legislation, H.R. 1. I if their polling place location is changed. ice Employees International Union (SEIU). also include letters from the Leader- Safeguarding the right to vote by mail: Sierra Club, Sisters of Mercy of the Amer- ship Conference on Civil and Human Sixteen states require voters to provide an icas Justice Team, Small Planet Institute, Rights and a letter from attorneys gen- excuse as to why they are unable to vote in Stand Up America, Stand for Children, The eral around the United States: the at- person on election day in order to receive an Loyal Opposition, The Workers Circle, absentee ballot. This practice is designed to Transparency International U.S. Office, Uni- torneys general of Maryland, Colorado, impede the vote and was particularly galling tarian Universalist Association, Unitarian Connecticut, Delaware, the District of during the COVID–19 pandemic. H.R. I would Universalists for Social Justice, United Food Columbia, Illinois, Iowa, Maine, Massa- eliminate such restrictions on the right to and Commercial Workers International chusetts, Michigan, Minnesota, Ne- vote by mail. The bill would require the pre- Union, URGE: Unite for Reproductive & Gen- vada, New Jersey, New Mexico, New payment of postage by the government on der Equity, Vote.org, We Are Casa, Woman’s York, Oregon, Pennsylvania, Rhode Is- return envelopes for absentee ballots or National Democratic Club, land, Vermont, Virginia, and Wash- voter registration forms. #VOTEPROCHOICE, 20/20 Vision. Reforming voter registration: Nearly 20 ington. The attorneys general of all of SELECTED STATE/LOCAL ORGANIZATIONS percent of people who are eligible but do not these States have written in support of vote cite registration hurdles as the main ARIZONA H.R. 1. reason for not voting. H.R. 1 would mod- Arizona Advocacy Network THE LEADERSHIP CONFERENCE ernize America’s voter registration system Chispa Arizona ON CIVIL AND HUMAN RIGHTS, and improve access to the ballot box by re- Fuerte Arts Movement January 19, 2021. quiring states to establish automatic voter Living United for Change in Arizona SUPPORT H.R. 1, THE FOR THE PEOPLE ACT registration (‘‘AVR’’), same day registration (LUCHA) (‘‘SDR’’), and online voter registration for DEAR REPRESENTATIVE: On behalf of The National Council of Jewish Women Arizona voters across the country, and by ensuring Leadership Conference on Civil and Human Planned Parenthood Advocates of Arizona that all voter registration systems are inclu- Rights, a coalition of more than 220 national Progress Arizona sive and accessible for people with disabil- organizations committed to promoting and Rural Arizona Action ities. A YR alone could add an estimated 50 protecting the civil and human rights of all Sierra Club—Grand Canyon (Arizona) million people to the voter rolls, and SDR in- persons in the United States, and the 82 un- Chapter creases voter turnout by roughly 10 percent. dersigned organizations, we write in strong Ensuring reasonable wait times to vote: NEVADA support of H.R. 1, the For the People Act. We Voters in some states last year were forced Chispa Nevada are pleased that the incoming Senate leader- to stand in line for more than 10 hours to MPower 360 ship has today announced it intends to intro- vote, and recent studies have shown that Progressive Leadership Alliance of Nevada duce this critical bill as S. 1. such barriers occur more frequently in com- Silver State Equality-Nevada The For the People Act represents a trans- munities of color. H.R. I would require states NEW HAMPSHIRE formative vision for American democracy. It to ensure that voters do not have to wait would create a democracy that welcomes Coalition for Open Democracy and Open longer than 30 minutes to cast their ballot at every eligible voter’s chance to participate Democracy Action a polling place. in civic life and a democracy that demands Indivisible New Hampshire Permitting voting without a photo ID: Be- integrity, fairness, and transparency in our New Hampshire Independent Voters tween 2010 and 2020, 16 states enacted strict nation’s elections. For far too long, voter NH Ranked Choice Voting voter identification laws. H.R. I requires suppression has been a shameful reality in New Hampshire Voters Restoring Democ- states to allow registered voters in states our country—undercutting the power and racy with a photo ID requirement to sign a sworn representation of African Americans, New Hampshire Youth Movement affidavit to vote if they lack a photo ID. Latinos, Asian Americans and Pacific Island- Requiring access to drop boxes: During the NH Sierra Club ers, Native Americans, people with disabil- 2020 election cycle, some states politicized 350 New Hampshire ities, Arab Americans, and other commu- and limited the use of drop boxes. H.R. 1 603 Forward nities historically excluded from our polit- would require states to provide secure drop VIRGINIA ical process. The ability to meaningfully boxes as an option for voters casting absen- Activate Virginia participate in our democracy is a racial jus- tee ballots.

VerDate Sep 11 2014 06:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.004 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H982 CONGRESSIONAL RECORD — HOUSE March 2, 2021 Restoring voting rights for formerly incar- turn the disturbing Citizens United decision Equality California, Faith In Public Life, cerated people: H.R. I would restore voting that made it impossible to restrict outside Family Equality, Feminist Majority Foun- rights for people with felony convictions who spending by corporations or billionaires. In dation, GLSEN, Government Accountability have finished their sentence, a necessary re- addition, H.R. 1 addresses our government Project, Impact Fund, In Our Own Voice: Na- pudiation of our nation’s discriminatory and ethics crisis by, among other things, requir- tional Black Women’s Reproductive Justice racially violent past. This would re-enfran- ing the development of a code of conduct for Agenda, Iota Phi Lambda Sorority Inc., Psi chise approximately 4.7 million voters na- Supreme Court Justices to enhance account- Chapter, Iota Phi Lambda Sorority-Epsilon tionwide. Reforming felony disenfranchise- ability on ethics and recusal issues; over- Phi, Iota Phi Lambda Sorority, Inc., Iowa ment has strong bipartisan support; in 2018, hauling the Office of Government Ethics to Citizens for Community Improvement, Japa- 65 percent of Florida voters cast their ballots strengthen federal ethics oversight; estab- nese American Citizens League, Justice for to restore the right to vote for over 1.4 mil- lishing more robust conflict of interest re- Migrant Women, Justice in Aging, Kansas lion people. quirements for government officials; prohib- Appleseed Center for Law and Justice, Lamb- Combating voter purging: H.R. 1 would iting members of Congress from using tax- da Legal, Lawyers’ Committee for Civil overturn the Supreme Court’s troubling 2018 payer dollars to settle allegations of employ- Rights Under Law. decision in Husted v. A. Philip Randolph Insti- ment discrimination; and requiring presi- League of Women Voters of the US, Mis- tute that allowed Ohio to conduct massive dents to disclose their tax returns. souri Voter Protection Coalition, purges from its voter rolls based on non-vot- The For the People Act provides a North MomsRising, NAACP, National Action Net- ing in past elections. Such practices dis- Star for the democracy reform agenda. It is work, National Association of Human Rights proportionately target and remove tradition- a bold, comprehensive reform package that Workers, National Association of Social ally marginalized people from registration offers solutions to a broken democracy. Re- Workers, National CAPACD—National Coali- rolls. Voting should not be a ‘‘use it or lose pairing and modernizing our voting system tion for Asian Pacific American Community it’’ right. goes hand in hand with reforms that address Development, National Center for Law and Prohibiting deceptive practices and voter the rampant corruption flowing from the Economic Justice, National Center for Les- intimidation: H.R. 1 would ban the distribu- corrosive power of money in our elections, bian Rights, National Council of Jewish tion of false information about elections to and reforms that address the myriad ethical Women, National Education Association, Na- hinder or discourage voting. This provision problems that plague all three branches of tional Employment Law Project, National is particularly important in an era in which the federal government. The reforms in the Equality Action Team (NEAT), National Facebook, Twitter, and other digital plat- For the People Act are necessary to advance Homelessness Law Center, National Organi- forms have been readily manipulated to racial justice and ensure that our govern- zation for Women, National Partnership for spread misinformation about elections and ment works for all people, not just a power- Women & Families, National Women Of voting rights to vulnerable communities. ful few. Achievement, Incorporated National The bill would also increase the criminal Congress must also pass two other essen- Workrights Institute. penalties for intimidating a voter for the tial racial justice and democracy reform Oxfam America, Patriotic Millionaires, purpose of interfering with their right to bills: the John Lewis Voting Rights Ad- People For the American Way, People’s Par- vote or causing them to vote for or against vancement Act—which would restore a crit- ity Project, PFLAG National, Prison Policy a candidate. ical provision of the Voting Rights Act gut- Initiative, Progressive Turnout Project, Pub- Reforming redistricting: H.R. 1 would be a ted by the Supreme Court’s infamous 2013 lic Citizen, Public Justice, Rock the Vote, milestone in the battle against the extreme Shelby County v. Holder decision—and the SC Appleseed Legal Justice Center, Service partisan gerrymandering our country has Washington, D.C. Admission Act, which Employees International Union (SEIU), Sikh witnessed in recent years, by requiring would grant long overdue statehood status American Legal Defense and Education Fund states to draw congressional districts using to the nation’s capital. (SALDEF), Silver State Equality-Nevada, independent redistricting commissions that Shortly before his death last year, Rep- Texas Progressive Action Network, The resentative Lewis remarked: ‘‘In our coun- are bipartisan and reflect the demographic United Methodist Church—General Board of try, the right to vote is precious—almost sa- diversity of the region. It would establish Church and Society, True North Research, cred. Countless people marched and pro- fair redistricting criteria and safeguard vot- UnidosUS, URGE: Unite for Reproductive & tested for this right. Some gave a little ing rights for communities of color. Gender Equity, When We All Vote, Wisconsin blood, and far too many lost their lives. Modernizing election administration: H.R. Faith Voices for Justice, Women Lawyers On Around the globe, generations of U.S. offi- 1 would reauthorize the Election Assistance Guard Action Network, Inc. cials boasted of this legacy and progress. Commission—an independent, bipartisan Today, the world is horrified in watching commission that plays a vital role in ensur- STATE OF MARYLAND, Americans—especially people of color—once ing the reliability and security of voting OFFICE OF THE ATTORNEY GENERAL, again stand in immovable lines and experi- equipment used in our nation’s elections. It February 24, 2021. ence undeniable, targeted, systematic bar- would also promote election reliability and Hon. NANCY PELOSI, riers to democracy .... Time is of the es- security by requiring voter-verified perma- Speaker, House of Representatives, sence to preserve the integrity and promises nent paper ballots and enhanced poll worker Washington, DC. of our democracy.’’ recruitment and training. And H.R. 1 would Congress and the Biden-Harris administra- Hon. KEVIN MCCARTHY, prohibit state election administrators from tion must heed this call. As the 2020 election Minority Leader, House of Representatives, taking an active part in a political campaign cycle and the recent violent assault on the Washington, DC. over which they have supervisory authority. U.S. Capitol made abundantly clear, our de- Hon. CHUCK SCHUMER, Committing to restoring the Voting Rights mocracy is vulnerable and is in dire need of Majority Leader, U.S. Senate, Act (‘‘VRA’’): H.R. 1 contains a commitment protection. We must enact transformational Washington, DC. to restoring the landmark VRA and updating change to build a democracy that works for Hon. MITCH MCCONNELL, its preclearance provision, which is crucial everyone. The civil and human rights coali- Minority Leader, U.S. Senate, to prevent racial discrimination in the vot- tion is strongly committed to expanding the Washington, DC. ing process. VRA restoration is being pur- franchise and fixing our democracy, and we DEAR LEADER SCHUMER, SPEAKER PELOSI, sued on a separate legislative track that will urge both chambers of Congress to pass the LEADER MCCONNELL, AND LEADER MCCARTHY: involve investigatory and evidentiary hear- For the People Act as early as possible in the We, the undersigned Attorneys General of ings, thus enabling Congress to update the 117th Congress. Maryland, Colorado, Connecticut, Delaware, preclearance coverage formula and develop a Sincerely, the District of Columbia, Illinois, Iowa, full record on the continuing problem of ra- The Leadership Conference on Civil and Maine, Massachusetts, Michigan, Minnesota, cial discrimination in voting. In 2006, the Human Rights, American Federation of Nevada, New Jersey, New Mexico, New York, VRA was reauthorized on a unanimous vote State; County, and Municipal Employees, Oregon, Pennsylvania, Rhode Island, in the Senate and a near-unanimous vote in American Federation of Teachers, American- Vermont, Virginia, and Washington (collec- the House. We need the same type of broad Arab Anti-Discrimination Committee (ADC), tively the ‘‘States’’), write to express our and bipartisan support for restoring the VRA Americans for Democratic Action (ADA), support for H.R. 1/S. 1, the For the People today. Andrew Goodman Foundation, Appleseed Act of 2021 (the ‘‘Act’’). The Act would H.R. 1 would also make significant ad- Network, Arab American Institute, Associa- strengthen our democracy by making it easi- vances in the areas of campaign finance and tion of People Supporting Employment First er to vote, reducing the pernicious influence ethics reform. It would correct the rampant (APSE), Autistic Self Advocacy Network, of dark money in elections, and codifying corruption flowing from the corrosive power Blue Future, BOLD ReThink, Brennan Cen- ethical standards for our public servants. of money in our elections. It would replace ter for Justice at NYU School of Law, Center America faces a stark choice—whether to the current campaign finance system that for Law and Social Policy (CLASP), Clear- pursue the reforms necessary to make this empowers the super-rich and big corpora- inghouse on Women’s Issues, Common Cause, country a functional multiracial democracy, tions with one that relies on small donors Communications Workers of America, Daily or to accept the systemic and accelerating and public matching funds. It would end se- Kos, Declaration for American Democracy, disenfranchisement of Black and other mi- cret election spending and force disclosure of DemCast USA, Democracy 21. nority voters. According to a Brennan Cen- all election-related spending. And it would Demos, End Citizens United/Let America ter report, in 2021 legislative sessions to call for a constitutional amendment to over- Vote Action Fund, Equal Justice Society, date, at least 165 bills in 33 states have been

VerDate Sep 11 2014 05:04 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.007 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H983 introduced to restrict voting access—four about elections and stiffening penalties for Maryland (Mr. SARBANES), who is the times the number of similar bills introduced voter intimidation, the Act will provide law author of H.R. 1. last year. This new push for voter suppres- enforcement officials with the tools needed Mr. SARBANES. Madam Speaker, I sion follows the 2020 election, where a record to thwart and punish those who attempt to thank madam chair, ZOE LOFGREN, for number of Americans exercised their right to interfere with the exercise of the funda- vote. Offering Americans new and convenient mental right to vote. her incredible work on this bill. methods of voting, including expanded ab- The Act also contains important changes Madam Speaker, I rise today in sup- sentee and mail-in voting options, had the to campaign finance law designed to address port of H.R. 1, the For the People Act, dual benefits of protecting the public health the concerning rise of dark money in federal a bill that was designed to respond to during the COVID–19 pandemic and enabling elections. Since the Supreme Court’s ruling the deep cynicism so many Americans greater turnout. in Citizens United v. FEC, dark money has feel when they look at their democracy Despite confirmation by former Attorney flooded political campaigns at unprecedented and wonder if their voice still matters General Barr and others that there was no levels. As a result, billionaires, corporations, in it. evidence of widespread fraud or irregularity and special interest groups—groups that al- We heard many grievances from in the 2020 election, state legislators have ready had outsized voices in our political seized upon former President Trump’s base- process—now wield even more power, often Americans across the country over the less voter-fraud allegations to curtail mail- exercising that power anonymously through last few years, but they fall into three in voting options, impose stringent voter ID opaque ‘‘non-profits’’ that are not required basic categories. The first was, they requirements, limit voter registration oppor- to disclose their donors. The Act would close kept saying to us: We want to get to tunities, and allow even more aggressive dark-money loopholes by requiring disclo- the ballot box every 2 years without purging of voter rolls. In the wake of a safe sure when wealthy donors give $10,000 or having to run an obstacle course. and secure election, which enabled greater more to a group that spends money on elec- We should be the gold standard levels of voter participation than in over a tions. As the Supreme Court has explained, among our peer nations when it comes century, we should be building on this ‘‘transparency enables the electorate to to voting, but we haven’t reached that progress, not dismantling it. make informed decisions and give proper The Act includes several measures that weight to different speakers and messages.’’ point yet. H.R. 1 creates that oppor- would neutralize these cynical efforts at Bringing sunlight to political contributions tunity. voter suppression by improving access to the is a crucial step to restoring faith in govern- By the way, let me thank the Repub- ballot. Voters in many states face the frus- ment. lican voters across the country who, in trations of antiquated, error-ridden voter Last but certainly not least, the Act seeks the last election, used automatic voter registration systems; the Act would mod- to close a number of legal loopholes—re- registration where it existed, used ernize voter registration by requiring states vealed in striking and disturbing ways dur- early voting opportunities where that to implement online registration, establish ing former President Trump’s term in of- automatic voter registration, and prohibit fice—that allow the President to evade ac- was afforded, and used a no-excuse ab- unnecessary purges of the voting rolls. The countability for personally profiting from sentee ballot to cast their ballot in the Act also addresses discriminatory voter iden- the Office. In particular, the Act heightens midst of a pandemic. To Republican tification laws by requiring states to permit disclosure requirements applicable to the voters, Independent voters, and Demo- voters in federal elections to submit a sworn president, requires the holder of the Office of cratic voters this is not controversial. statement to meet ID requirements. Early the President to divest from financial inter- We are just trying to create some voting provisions contained in the Act would ests that pose a conflict of interest, and en- baseline, uniform standards and best expand access to federal elections by pro- sures accountability by providing the Office practices so people can get to the bal- of Government Ethics with enhanced en- viding for at least 15 days of early voting at lot box. When they get up in the morn- accessible locations and making available forcement powers. Surprising gaps in the the option to vote by mail to anyone eligible ethics laws affecting non-presidential public ing and they have decided that is the to cast a vote in an election for federal of- servants would also be closed. For instance, day they are going to go vote, it fice. Although the States’ election laws vary, the Act would prohibit members of Congress shouldn’t be a trial to get to the voting we have broad collective experience with the from serving on the board of directors of for- booth and to the ballot box. That is all implementation of similar voting-access re- profit entities during their terms in office we are trying to do. That is not con- forms and do not anticipate that the Act’s and, for the first time, require the Judicial Conference to develop a code of ethics appli- troversial, and that is not partisan out mandates would prove overly burdensome to in the country. Maybe here it is, but implement. cable to Supreme Court Justices. Collec- Critically, the Act would also confront the tively, the ethics reforms contained in the not out in the country. problem of partisan gerrymandering by put- Act would ensure that our public servants The second thing they said to us is: ting redistricting in the hands of inde- are working on behalf of America’s best in- When you get to Washington, behave pendent commissions. The threat of severe terests, not just their own. yourself, act right, act ethically, be American democracy needs repairing. The gerrymandering in the post-2020 redistricting transparent, and be accountable. problems we face—outdated election infra- process is especially acute given the Su- structure, unjustified barriers to voting, ex- So we have a whole set of reforms in preme Court’s decision in Shelby County v. treme gerrymandering, the polluting influ- here that are designed to do that. Holder, which effectively eliminated the ence of dark money, and insufficient ethical The third thing they have been plead- preclearance protections contained in Sec- constraints-urgently need addressing. We be- ing with us about is: Don’t get tangled tion 5 of the Voting Rights Act (‘‘VRA’’). lieve that the Act represents an important up in the money. Remember where you Without the preclearance restraints of the step toward addressing these problems and came from and remember who you VRA and the corresponding oversight from urge its swift passage. work for. Lean towards the people and the Department of Justice, there is a sub- Sincerely, stantial risk that states with a history of ra- Brian E. Frosh, Maryland Attorney Gen- not towards the special interests, the cial discrimination will seek to minimize the eral; Philip J. Weiser, Colorado Attorney deep-pocketed donors, the insider polit- political power of minority voters by draw- General; Karl Racine, District of Columbia ical donor class, the big money, the ing aggressive congressional district lines. Attorney General; Tom Miller, Iowa Attor- PACs, the super-PACs, and the lobby- By divesting redistricting power from politi- ney General; Maura Healey, Massachusetts ists. Work for us, the people. cians who manipulate the process to consoli- Attorney General; Keith Ellison, Minnesota So we are trying to address that in date power, the Act will ensure that voters Attorney General; Gurbir Grewal, New Jer- H.R. 1. None of these things is con- choose their representatives, not the other sey Attorney General; Letitia James, New troversial. The only controversy is how way around. York Attorney General; Josh Shapiro, Penn- As the chief law enforcement officers of sylvania Attorney General. it has taken us this long to address our respective states, we are well-acquainted Kathleen Jennings, Delaware Attorney these grievances that people feel across with schemes to discourage, impede, and pre- General; Kwame Raoul, Illinois Attorney the country. H.R. 1, the For the People vent our citizens from voting. In the lead up General; Aaron M. Frey, Maine Attorney Act, is our opportunity to do that. to November’s election, disinformation de- General; Dana Nessel, Michigan Attorney Why is it a whole package? signed to depress voter turnout was endemic, General; Aaron D. Ford, Nevada Attorney Sometimes people say: Well, we are spread by bad actors through social media, General; Hector Balderas, New Mexico Attor- going to take this piece and take that robocalls, and texts. Thankfully, the fear of ney General; Ellen F. Rosenblum, Oregon At- piece. torney General; Peter Neronha, Rhode Island widespread, aimed intimidation at polling It is because the people told us—they places did not materialize last year. That Attorney General; Thomas J. Donovan, Jr., possibility, however, looms in future elec- Vermont Attorney General; Bob Ferguson, were smart enough to know—if you fix tions—especially once election day turnout Washington Attorney General; Mark P. Her- one thing and you don’t fix the other is no longer diminished due to an ongoing ring, Virginia Attorney General. thing, our voice still doesn’t matter. pandemic. By prohibiting the knowing dis- Ms. LOFGREN. Madam Speaker, I The SPEAKER pro tempore. The semination of materially false information yield 3 minutes to the gentleman from time of the gentleman has expired.

VerDate Sep 11 2014 06:20 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.009 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H984 CONGRESSIONAL RECORD — HOUSE March 2, 2021 Ms. LOFGREN. Madam Speaker, I not less. If that is indeed our mutual tive voters. Forcing uniform standards, pro- yield an additional 1 minute to the goal, and I pray that it is, then I im- cedures, and expectations into state election gentleman from Maryland. plore my colleagues to work with us. systems, some far different than others and Mr. SARBANES. Madam Speaker, if Ms. LOFGREN. Madam Speaker, may not built for those requirements, is like forc- you get fair elections in place but, I ask how much time is remaining on ing a square peg into a round hole. It won’t when the Representatives get to Wash- each side? work.’’ ington they get taken hostage by the The SPEAKER pro tempore. The gen- Article 1, Section 4 of the Constitution special interests and still get influ- tlewoman from California has 6 min- states that ‘‘[t]he Times, Places and Manner enced by the big money, then you utes remaining. The gentleman from of holding Elections for Senators and Rep- haven’t solved our problem as the Illinois has 7 minutes remaining. resentatives, shall be prescribed in each American people who want our voice to Ms. LOFGREN. Madam Speaker, I State by the Legislature thereof,’’ but that be heard. So we have to do the whole yield 1 minute to the gentlewoman ‘‘the Congress may at any time by Law make package. from Pennsylvania (Ms. SCANLON), who or alter such Regulations, except as to the Let me close with this. John Lewis, is a member of the House Judiciary Places of chusing Senators.’’ In Federalist who is not with us anymore, fought for Committee. Paper No. 59, Alexander Hamilton contended voting rights. He knew the vote was sa- Ms. SCANLON. Madam Speaker, over that such regulation was only necessary cred. He told us to keep our eyes on the the last 30 years I have been a poll ‘‘whenever extraordinary circumstances prize. Today we do that. worker, an election judge, an election might render that interposition necessary to Elijah Cummings, whom I served protection lawyer, and a civics educa- its safety’’. Moreso, state-level elections and with in Baltimore for many, many tor working to protect the right to the election of the president have remained years, often told the story that on his vote. outside of the purview of congress. mother’s deathbed she beckoned him I have seen firsthand the flaws in our However, the question of whether it’s even close, and the last thing she said to system that prevent Americans from within the power of congress to take over him was: Don’t let them take the vote. participating in our democracy. Voter how states run elections isn’t even the most We are not going to let them take suppression tactics, the influence of important question. Instead, the better ques- the vote. dark money, gerrymandering, and tion is ‘‘should they?’’ In the 59 presidential Mr. RODNEY DAVIS of Illinois. other anti-democratic practices have elections since 1789, each has resulted in the Madam Speaker, I yield 11⁄2 minutes to all disenfranchised voters. successful election of a President. Voting the gentleman from Texas (Mr. CREN- In my home State of Pennsylvania, laws have evolved across the 50 states, pro- SHAW). voters have been victim of such tactics viding more and more access, security, and Mr. CRENSHAW. Madam Speaker, I for years. But many Americans have accuracy. Over time, each of those same 50 rise today in opposition to H.R. 1. I made clear that we want a government states have created their own unique elec- have always found it interesting that for the people and by the people, and tion systems. From who administers the elections are the one thing my col- House Democrats are answering that elections, to how votes are cast, to how a leagues on the other side don’t want to call. vote is protected—each system was born of strictly regulate. I am particularly proud that my bills federalism. You see, Madam Speaker, there is to increase access for voters with dis- Like human beings, no voting system is this mythology amongst Democrats abilities, bring transparency to inau- perfect. Improvements and changes happen that commonsense rules in an election gural funds, and increase the avail- as the people, working through their respec- are synonymous with voter suppres- ability of ballot drop boxes have all tive state legislatures, see fit. In Ohio, a sion. They make it sound as if you been included in this legislation. I am state whose elections have long been under have to go through an obstacle course also hopeful that my amendment to in- the national spotlight, we’ve developed a to go vote. This isn’t true. It is non- crease access to early voting for col- system which has ensured voters have con- sense, and everybody knows it. lege students will also be included. fidence in the outcome of elections. As a re- The truth is that four out of five H.R. 1 will strengthen our democracy sult, voter turnout is at an all-time high, Americans support voter ID laws, and and ensure that the power in our gov- voter fraud and voter suppression are exceed- countless Americans have expressed ernment rests with the people. ingly rare, and our efforts to strengthen the concern because they received mail-in Mr. RODNEY DAVIS of Illinois. security of our elections have become a na- ballots for other people addressed to Madam Speaker, I do also have a stack tional model. Even as we faced enormous their homes. They want this fixed, and of letters in opposition. I will include challenges, last year we in Ohio ran the most successful election in our state’s history. It’s they don’t want the problem to get them in the RECORD. I won’t go worse. But this bill makes elections through each of them. no surprise that other states are now coming to us to learn our best election practices so less trustworthy, not more. FRANK LAROSE, Trust is everything. When people can OHIO SECRETARY OF STATE, they can mirror them back home. see the faults in the process, whether it Columbus OH, That’s how it’s supposed to work. One of is ballots at the wrong house or care- For Immediate Release: the great motivations of federalism is the less verification processes, they believe Thursday, February 25, 2021. state role as a laboratory for democracy, people are cheating. You can’t just dis- LAROSE CALLS ON CONGRESS TO REJECT with each state innovating to become a bet- miss that, Madam Speaker. We have to FEDERAL TAKEOVER OF ELECTIONS ter version of itself, and sharing those les- fix it. But instead this bill makes per- House Resolution 1 Would Bring Sweeping, sons with other states. That experiment has manent the problematic election prac- Unworkable and Unfunded Change Across allowed our nation to become the best in the tices that cause distrust. the Nation’s 50 Unique Election Systems, world. We need to keep that experiment For example, Madam Speaker, ballot Causing Chaos and Damaging Voter Con- going and encourage Ohio’s congressional fidence harvesting creates serious chain of cus- delegation to vote against House Resolution tody issues, and universal mail-in vot- COLUMBUS.—Today, Ohio Secretary of 1. ing without safeguards creates the State Frank LaRose called on the United States Congress to vote against House Reso- Secretary LaRose will soon be sending a kind of chaos where your ballot ends lution 1, a bill that would effectively take letter to congressional leadership and Ohio’s up in someone else’s hands, as does over control of how states conduct elections. congressional delegation requesting a no forcing States to disregard their own HR 1 imposes significant changes that ignore vote on HR 1. voter ID laws and use sworn state- both the United States Constitution and the ments instead of an ID. unique election systems across the 50 states The integrity of our elections must in an effort to standardize how states vote. be self-evident, wherein the mere possi- ‘‘Ohio’s November 2020 election was the bility of fraud is improbable because most successful on record, but Speaker Nancy Pelosi and Majority Leader Chuck the process itself is airtight and secure. Schumer want to wipe it all away with a Many States today do not meet that massive power-grab,’’ said LaRose. ‘‘Remem- standard. We should be working to- ber, each state election system is unique— gether to make elections more secure, shaped by time and trusted by their respec-

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NATIONAL ASSOCIATION We applaud Congress for expanding access General; Mitzie Jessop Taase, American OF ATTORNEYS GENERAL, to victim services. Yet, these important ad- Samoa Attorney General; Tim Fox, Montana Washington, DC, August 24, 2020. vances are at risk given the current down- Attorney General; Kevin G. Clarkson, Alaska Hon. NANCY PELOSI, ward trajectory of the Fund’s balance. Its Attorney General; Mark Brnovich, Arizona Speaker, House of Representatives, balance is projected to reach a ten-year low Attorney General; Leslie Rutledge, Arkansas Washington, DC. by the end of 2021 unless specific changes are Attorney General; Phil Weiser, Colorado At- Hon. KEVIN MCCARTHY, enacted to protect its bottom line. Any de- torney General; Kathleen Jennings, Dela- Minority Leader, House of Representatives, crease in the funds available for distribution ware Attorney General; Ashley Moody, Flor- Washington, DC. results in a decrease in the number of vic- ida Attorney General; Leevin Taitano Hon. JERROLD NADLER, tims and survivors that are served as well as Camacho, Guam Attorney General; Lawrence Chairman, House Judiciary Committee, potential loss of essential staff for victim Wasden, Idaho Attorney General; Curtis T. Washington, DC. service programs. Hill, Jr., Indiana Attorney General; Derek In order to stabilize and maintain the Hon. LINDSEY GRAHAM, Schmidt, Kansas Attorney General; Jeff Chairman, Senate Judiciary Committee, Fund for use in the future, we respectfully Landry, Louisiana Attorney General; Xavier Washington, DC. request Congress amend VOCA in the fol- Becerra, California Attorney General; Wil- lowing three ways: liam Tong, Connecticut Attorney General; Hon. MITCH MCCONNELL, Deposit all monetary penalties from de- Karl A. Racine, District of Columbia Attor- Majority Leader, U.S. Senate, ferred and non-prosecution agreements into Washington, DC. ney General; Christopher M. Carr, Georgia the Crime Victims Fund. Attorney General; Clare E. Connors, Hawaii Hon. CHUCK SCHUMER, Over the last decade, the Department of Attorney General; Kwame Raoul, Illinois At- Minority Leader, U.S. Senate, Justice has increasingly utilized deferred torney General; Tom Miller, Iowa Attorney Washington, DC. and non-prosecution agreements to resolve General; Daniel Cameron, Kentucky Attor- Hon. JIM JORDAN, cases of corporate misconduct. These agree- ney General; Aaron M. Frey, Maine Attorney Ranking Member, House Judiciary Committee, ments bypass a traditional prosecution proc- General. Washington, DC. ess and shift fines and penalties into the gen- Brian Frosh, Maryland Attorney General; Hon. DIANNE FEINSTEIN, eral treasury rather than the Fund. In 2018 Keith Ellison, Minnesota Attorney General; Ranking Member, Senate Judiciary Committee, and 2019, the total recoveries resulting from Eric S. Schmitt, Missouri Attorney General; Washington, DC. these agreements resulted in approximately Aaron D. Ford, Nevada Attorney General; DEAR SPEAKER PELOSI, MAJORITY LEADER $8 billion each year. Redirecting these depos- Gurbir S. Grewal, New Jersey Attorney Gen- MCCONNELL, MINORITY LEADER MCCARTHY, its will provide increased funding to the eral; Letitia James, New York Attorney MINORITY LEADER SCHUMER, CHAIRMAN NAD- Fund, which will allow for better predict- General; Wayne Stenehjem, North Dakota LER, CHAIRMAN GRAHAM, RANKING MEMBER ability of state awards. Attorney General; Dave Yost, Ohio Attorney JORDAN, AND RANKING MEMBER FEINSTEIN: On Increase the rate at which states are feder- General; Ellen F. Rosenblum, Oregon Attor- behalf of the undersigned state Attorneys ally reimbursed for victim compensation ney General; Dana Nessel, Michigan Attor- General, we write to respectfully urge Con- programs to 75 percent. ney General; Lynn Fitch, Mississippi Attor- gress to address the ongoing, declining bal- The Fund supports state compensation ney General; Douglas Peterson, Nebraska At- ance of the Crime Victims Fund (‘‘the programs, which provide direct reimburse- torney General; Gordon MacDonald, New Fund’’). The Fund provides critical support ment to or on behalf of crime victims for un- Hampshire Attorney General; Hector and services to victims of crime across the expected and often catastrophic expenses Balderas, New Mexico Attorney General; country. As state Attorneys General, we are caused by violent crime. In order to supple- Josh Stein, North Carolina Attorney Gen- often the administrators of grant funding, ment a state’s efforts to financially assist eral; Edward Manibusan, Northern Mariana through our state compensation programs or victims for crime-related out-of-pocket ex- Islands Attorney General; Mike Hunter, otherwise, financed directly from the Fund. penses, the Fund reimburses states 60 per- Oklahoma Attorney General; Josh Shapiro, In order to ensure the predictability and sus- cent of spending in a fiscal year. Most states’ Pennsylvania Attorney General; Ine´s del C. tainability of these critical funds, change compensation programs are funded through Carrau-Martı´nez, Acting Puerto Rico Attor- must be enacted to support our states’ abil- fines and fees paid by offenders prosecuted in ney General; Alan Wilson, South Carolina ity to effectively serve victims and survivors state courts. Recently, due to criminal jus- Attorney General; Herbert H. Slatery III, of crime for years to come. tice reform initiatives along with court clo- Tennessee Attorney General; Sean Reyes, The Fund, established by the Victims of sures due to the COVID–19 pandemic, states Utah Attorney General; Denise N. George, Crime Act of 1984 (‘‘VOCA’’), is the primary are facing a significant decline in collections Virgin Islands Attorney General; Robert W. funding source for victim services in all 50 of these fines and fees, limiting their ability Ferguson, Washington Attorney General; states and six U.S. territories. Deposits to to support essential victim compensation el- Joshua L. Kaul, Wisconsin Attorney General; the Fund originate from criminal fines, for- igible expenses. An increase in the reim- Peter F. Neronha, Rhode Island Attorney feited bail bonds, penalties and special as- bursement rate from the Fund to at least 75 General; Jason R. Ravnsborg, South Dakota sessments collected by U.S. Attorneys’ Of- percent will ensure each state has more Attorney General; Ken Paxton, Texas Attor- fices, federal courts and the Federal Bureau money accessible to serve victims and sur- ney General; T.J. Donovan, Vermont Attor- of Prisons. Funding is derived from offenders vivors with much needed financial support. ney General; Mark R. Herring, Virginia At- convicted of federal crimes, and not from Allow for additional years of spending or torney General; Patrick Morrisey, West Vir- taxpayers. no-cost extensions for VOCA discretionary, ginia Attorney General; Bridget Hill, Wyo- Since its creation, the Fund has covered assistance and compensation awards. ming Attorney General. the expenses of essential direct services and Current statutory limitations require that recipients of VOCA funds spend annual support for victims and survivors in the NATIONAL DISABILITY grants in a four-year period. To reduce rever- aftermath of crime, including medical care, RIGHTS NETWORK, sions and provide better forecasting for pro- mental health counseling, lost wages, court- February 25, 2021. gramming, the statute should allow for room advocacy and temporary housing. The Re Committee on House Administration longer periods to spend down grants and Fund also provides support for initiatives allow the Office for Victims of Crime to per- Hearing: Strengthening American De- that benefit victims of crime, including fed- mit no-cost extensions to states. A longer mocracy. eral, state and tribal victim service pro- award period allows administrators to better Chair ZOE LOFGREN, grams, crime victim compensation, discre- plan and predict funding awards and long- Committee on House Administration, House of tionary grant awards, victim specialists in term services. In times of economic uncer- Representatives, Washington, DC. U.S. Attorneys’ and FBI offices and the fed- tainty, such as the COVID–19 pandemic, this Ranking Member RODNEY DAVIS, eral victim notification system. Addition- is especially important as state budgets and Committee on House Administration, ally, grants through the Fund are the only other funding sources are significantly im- House of Representatives, Washington, DC. funding source available for services to all pacted. Additional time also allows for redi- DEAR CHAIR LOFGREN AND RANKING MEM- victims of crime. rection of funds for emergency assistance BER DAVIS: On behalf of the National Dis- The balance and financial health of the without the threat of compromising tradi- ability Rights Network (NDRN) and the na- Fund is in jeopardy. As deposits have sharply tional services. tionwide network of Protection & Advocacy decreased in recent years due to a decline in Your support of the Crime Victims Fund is (P&A) systems, we commend the Committee the fines and penalties recouped from federal paramount to our responsibility as Attor- for examining the state of voting rights in criminal cases, withdrawals have increased neys General to protect the interests of vic- America and unswervingly exploring ways to at a rapid pace. In 2015, Congress increased tims. As such, we defer to you on the best ve- strengthen our democracy. We wish to sub- the annual cap on distributions from the hicle to introduce the above changes. We do mit this letter for the record in connection Fund, resulting in significant growth in the ask, however, that Congress make them a with the Committee on House Administra- amount of services offered across the coun- key priority and act upon all three swiftly. tion’s hearing, ‘‘Strengthening American De- try. Nearly 2,500 new organizations received Thank you for your attention and consid- mocracy,’’ scheduled to take place on Feb- VOCA funding since 2015. In addition, more eration of this matter. ruary 25, 2021. than 2.5 million new victims were served Sincerely, NDRN is the non-profit membership orga- through VOCA assistance formula grants Maura Healey, Massachusetts Attorney nization for the federally mandated P&A sys- from 2015 to 2019. General; Steve Marshall, Alabama Attorney tems for individuals with disabilities. The

VerDate Sep 11 2014 05:04 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.003 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H986 CONGRESSIONAL RECORD — HOUSE March 2, 2021 P&As were established by the United States now almost 31 years ago, requiring America’s without relying on archaic, inaccessible Congress to protect the rights of people with polling places be accessible to voters with paper; 2.) limit voters with disabilities’ fed- disabilities and their families through legal disabilities, the majority of polling places eral right to privately and independently support, advocacy, referral, and education. remain inaccessible. The US Government Ac- verify and cast their ballots, and 3.) ulti- P&As are in all 50 states, the District of Co- countability Office (GAO) surveys of polling mately segregate voters with disabilities. lumbia, Puerto Rico, and the US territories place accessibility span 20 years. In 2000, (American Samoa, Guam, Northern Mariana GAO data indicated that only 16 percent of Further, any paper ballot mandate that en- Islands, and the US Virgin Islands), and polling places had an accessible path of trav- titles voters to a hand marked ballot threat- there is a P&A affiliated with the American el from the parking area to the voting booth. ens the availability of Ballot-Marking De- Indian Consortium which serves Native This percentage has slowly but steadily in- vices (BMDs) for voters who rely on them to Americans with disabilities in the Four Cor- creased to 27 percent in 2008 and to 40 percent mark their ballots by drastically limiting ners region of the Southwest. Collectively, in 2016. To be clear, 40 percent is an all-time use of BMDs to voters with disabilities. This the P&A Network is the largest provider of high in architectural access, meaning that would result in segregating voters with dis- legally based advocacy services to people less than half of polling places were compli- abilities away from the entire pool of voters with disabilities in the United States. ant with federal law during the 2016 presi- by making them the only group of people Through the Protection and Advocacy for dential election. that use a particular type of voting machine. Voter Access (PAVA) program, created by Worse, GAO began to investigate the acces- Federally mandated segregation is problem- the Help America Vote Act (HAVA), the sibility of voting stations within polling atic alone, but in practice, it also increases P&As have a federal mandate to ensure the places starting with the 2008 study, during the likelihood that poll workers will not be full participation of individuals with disabil- which only 54 percent of voting booths were properly trained on the machine, the ma- ities in the entire electoral process, includ- determined to be accessible in 2016, the prev- chines will not be properly maintained or set ing registering to vote, casting a ballot, and alence of accessible voting stations actually accessing polling places. PAVA advocates up for use, and if the only available BMD is fell to a dismal 35 percent—a drop of 19 per- not functioning, there is no alternative op- are on the ground in communities and centage points in just 2 presidential election tion for voters who need it. Limits on BMD states, providing advice, technical assist- cycles. GAO found that voting booths were use will also saddle poll workers with deter- ance, and training to election officials about less likely to be set up to ensure voter pri- mining who is ‘‘disabled enough’’ to use the voting accessibility for a wide array of dis- vacy, set up for wheelchair access, have abilities. They also provide outreach, train- headphones readily apparent for audio bal- BMD, a decision for which they have no ing, and direct representation to individuals loting, or even be turned on for voters to use. qualifications or legal right. Finally, if the with disabilities, and the agencies and orga- In their 2016 findings, GAO combined archi- ballot produced by the BMD is not identical nizations that serve them. tectural access data with voting booth data to the hand marked ballot or the BMD ballot Voters with disabilities remain a large vot- for the first time and reported an aston- cannot be scanned and stored with hand ing bloc in America’s elections. The United ishing 17 percent of polling places are com- marked ballots, the voter’s right to cast a States Census Bureau has reported up to 56.7 pliant with federal law and fully accessible private ballot is violated. million people with disabilities live in the for voters with disabilities—fewer than 1 in community, totaling approximately 19 per- To be clear, no paper ballot voting system 5. cent of the non-institutionalized US popu- today, ready for widespread use, is fully ac- Along with inaccessible polling places and lation. The Centers for Disease Control and cessible. Even BMDs require voters with dis- inaccessible voting stations, vote by mail Prevention (CDC) and Pew Research Center abilities to verify and a cast a paper-based systems are not, and have never been, acces- believe that number is closer to 25 percent, ballot, which does not ensure a private and sible to all voters with disabilities. People or one in four Americans. Further, the who are blind or low vision, have print dis- independent vote. A fully accessible voting School of Management and Labor Relations abilities, limited literacy, limited manual system by Federal law must ensure the voter at Rutgers University projected that there can receive, mark, verify, and cast the ballot were 38.3 million people with disabilities eli- dexterity, and other disabilities cannot pri- vately and independently mark, verify, and without having to directly visually inspect gible to vote in the US, one-sixth of the total or handle paper. Most, if not all, market- American electorate, during the 2020 elec- cast a hand marked paper mail-in ballot. ready voting systems cannot do this. Before tions. Federal law is clear that any option made paper-based voting systems become the law The disability community is diverse and available to voters must be accessible for people with disabilities are a part of every people with disabilities, including vote by of the land, the concerns of voters with dis- community. People who identify as mail. abilities must be addressed. LGBTQIA+ are more likely to have a dis- As Congress continues to explore voting Moving forward NDRN calls on Congress to legislation to strengthen American democ- ability. A quarter or more of American Indi- continue to examine and pass legislation racy, we urge you to protect the rights of ans/Alaska Natives and Black adults have a that protects the rights of all voters, includ- voters with disabilities. Legislation cur- disability. People with disabilities are dis- ing voters with disabilities. This includes, rently being considered in the 117th Con- proportionately low-income, and are unem- but is not limited to, Congress accepting its ployed, underemployed, or not participating gress, such as H.R. 1, the For the People Act, role in providing a continual funding stream in the workforce at a rate of approximately which includes several provisions that will to state and local election officials for the three-fourths of adults with disabilities, positively impact voters with disabilities. purpose of making electoral processes fully under the age of 65 living in the community. However, it must be understood that the Despite the size and diversity of the dis- paper ballot mandate included in the bill is accessible. Congress must invest in research ability community, America’s electoral sys- of great concern to many voters with disabil- and development and pilot projects, as well tem remains largely inaccessible and has a ities. as funding to states for the purchase of new long history of excluding people with disabil- Paper-based voting options have become accessible voting equipment. Congress may ities. Inaccessible polling places, voting sta- the preferred voting system to many who be- also consider expanding the role of the U.S. tions and vote by mail systems are only lieve mandating the use of paper ballots is Election Assistance Commission to address some of the barriers voters with disabilities necessary to ensure the security of our elec- accessible remote voting in its creation of face while trying to exercise their right to tions. However, it must be made abundantly voting system guidelines and by adding full vote in America every election cycle. In Feb- clear, that the ability to mark, verify, and time staff and additional seats on its advi- ruary 2021, the Election Assistance Commis- cast a paper ballot privately and independ- sory boards for experts in elections accessi- sion (EAC) and Rutgers University released ently is currently not an option for all vot- bility with a focus on voters with disabil- their report, ‘‘Disability and Voting Accessi- ers. ities. Rather than overly prescriptive, blan- bility in the 2020 Elections’’, which summa- Given that paper ballots are already the ket mandates that create barriers for eligi- rized their survey results from last year’s predominant method of casting a ballot in ble voters, our focus must be on fostering in- election cycle. The results found that ‘‘one America today with extremely few excep- novative solutions that make our elections tions, mandating paper ballots is frankly un- in nine voters with disabilities encountered more accessible and more secure through re- difficulties voting in 2020,’’ twice the rate of necessary. A federal mandate for paper bal- sponsible use of technology. people without disabillties. The report also lots that are already being used will not found that 18 percent of people with disabil- change how we currently administer elec- NDRN thanks Congress for prioritizing ities who voted in person last year had dif- tions in the United States or make our elec- strengthening American democracy and we ficulty with voting compared to 10 percent of tions any more secure. Additionally, any look forward to working with you to ensure people without disabilities, while five per- mandate of a paper-based voting system will every voice, including the voice of the dis- cent of voters with disabilities had difficul- inevitably create barriers for voters with dis- ability community, is heard on Election ties using a mail ballot, compared to two abilities. A paper ballot mandate would: 1.) Day. percent of voters without disabilities. end all voting system innovation and ad- Sincerely, Despite the fact that the Americans with vancement to produce a fully accessible vot- CURTIS L. DECKER, Disabilities Act (ADA) was signed into law ing system that provides enhanced security Executive Director.

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JOHN H. MERRILL, As a member of the American Legislative NATIONAL ASSOCIATION SECRETARY OF STATE, Exchange Council, a membership organiza- OF ATTORNEYS GENERAL, Montgomery, AL, February 22, 2021. tion of state legislators dedicated to prin- Washington, DC, August 10, 2020. Hon. CHUCK SCHUMER, ciples of limited government, free markets Re Support for the Edith Shorougian Senior Majority Leader, and federalism. In 2013, activists launched a Victims of Fraud Compensation Act (S. U.S. Senate, Washington, DC. 3487/H.R. 7620). campaign to reveal, then harass and shame, Hon. NANCY PELOSI, the ALEC donor base. Their goal was simple: Hon. MITCH MCCONNELL, Speaker of the House, Senate Majority Leader, Harassing ALEC donors and corporate mem- House of Representatives, Washington, DC. Washington, DC. bers would chill their participation with and Hon. MITCH MCCONNELL, Hon. CHARLES SCHUMER, Minority Leader, support for the organization, ultimately cut- Senate Minority Leader, U.S. Senate, Washington, DC. ting off a funding source for ALEC. Washington, DC. Hon. KEVIN MCCARTHY, Worse, public elected officials used their Hon. LINDSEY GRAHAM, Minority Leader of the House, platform to heighten this threat of donor Chair, Senate Judiciary Committee, House of Representatives, Washington, DC. disclosure in order to further intimidate Washington, DC. DEAR MAJORITY LEADER SCHUMER, MINOR- Hon. DIANNE FEINSTEIN, ALEC supporters. In 2013, every company ITY LEADER MCCONNELL, SPEAKER PELOSI, Ranking Member, Senate Judiciary Committee, tangentially associated with ALEC received AND HOUSE MINORITY LEADER MCCARTHY: We Washington, DC. are writing you today to urge you to reject an official letter from US Senator Richard Hon. NANCY PELOSI, the ‘‘For the People Act’’ otherwise known Durbin, demanding to know whether it had Speaker of the House, as H.R. 1 or S. 1, which is a dangerous over- ‘‘served as a member of ALEC or provided Washington, DC. reach by the federal government into the ad- any funding to ALEC,’’ with the intent of in- Hon. KEVIN MCCARTHY, ministration of elections. timidating them. Durbin wrote that he House Minority Leader, Each state legislature should have the Washington, DC. freedom and flexibility to determine prac- would read their responses into the official Hon. JERRY NADLER, tices that best meet the needs of their re- Congressional record, forever memorializing Chair, House Judiciary Committee, spective states. A one-size-fits-all approach their support and creating a public target Washington, DC. mandated by Congress is not the solution to list for activists opposed to the organization. Hon. JIM JORDAN, any of our problems. Even the Chicago Tribune, the Senator’s These bills intrude upon our constitutional Ranking Member, House Judiciary Committee, hometown newspaper that had endorsed his Washington, DC. rights, and further sacrifice the security and candidacy, rebuked Durbin’s attempt at cre- integrity of the elections process. We firmly DEAR LEADER MCCONNELL, SPEAKER ating an ‘‘enemies list’’ by using ‘‘his high believe the authority to legislate and regu- PELOSI, LEADER SCHUMER, LEADER MCCAR- federal office as a cudgel against his en- late these changes should be left with the THY, CHAIR GRAHAM, CHAIR NADLER, RANKING states. emies.’’ MEMBER FEINSTEIN, AND RANKING MEMBER JORDAN: As our jurisdictions’ chief legal offi- H.R. 1 and S. 1 blatantly undermine the ex- H.R. 1/S. 1 would institutionalize this har- cers, we are writing to request the inclusion tensive work we, as election officials, have assment and intimidation and extend it to of the Edith Shorougian Senior Victims of completed in order to provide safe, accessible all nonprofits, regardless of their issue area voting options for our constituencies. Many Fraud Compensation Act (S. 3487/H.R. 7620) or political persuasion. Whatever issues you of the proposed practices would reverse the in COVID–19 relief legislation. This bipar- support or oppose, this should be of serious years of progress that has been made. We are tisan legislation, also known as ‘‘Edith’s strongly opposed to these bills and hope you concern to you. If this legislation is enacted, Bill,’’ would amend the Victims of Crime Act will dismiss efforts to advance this legisla- passionate activists on both sides of the aisle of 1984 (VOCA) to include victims of senior tion. would have access to a government-run data- fraud as eligible for reimbursement by the Thank you for your consideration and at- base of donors who give to every organiza- Crime Victims Fund for states that provide tention to this matter, tion from ALEC and the Family Research compensation to victims. This bill will also amend VOCA so that penalties and fines John H. Merrill, Alabama Secretary of Council to the ACLU and Planned Parent- State; Kevin Meyer, Alaska Lieutenant Gov- from deferred prosecution and non-prosecu- hood. Does anyone doubt that the blunt in- ernor; Brad Raffensperger, Georgia Secretary tion agreements, which can include white strument of donor disclosure in H.R. 1/S. 1 of State; Lawrence Denney, Idaho Secretary collar criminal conduct against seniors, are of State; Connie Lawson, Indiana Secretary would put millions of Americans’ peace and deposited into the Crime Victims Fund. We of State; Scott Schwab, Kansas Secretary of livelihoods at risk of significant, material support inclusion of the full bill in COVID–19 State; Michael Adams, Kentucky Secretary harm? relief legislation. of State; Kyle Ardoin, Louisiana Secretary These tactics are flimsy bureaucratic Scam artists know that seniors are espe- cially at risk from COVID–19 and are exploit- of State. structures designed to harass nonprofits and Michael Watson, Mississippi Secretary of ing the anxiety around this pandemic. They chill speech, despite fundamental violations State; Christi Jacobsen, Montana Secretary are targeting seniors who are isolating at of State; Bob Evnen, Nebraska Secretary of of the First Amendment. In keeping with to- home and are separated from their families State; Alvin A. Jaeger, North Dakota Sec- day’s ‘‘cancel culture,’’ H.R. 1/S. 1 is a gov- and support networks. retary of State; Steve Barnett, South Da- ernment-sanctioned attempt to chill speech The U.S. Department of Health and Human kota Secretary of State; Tre Hargett, Ten- and participation. ‘‘Good governance’’ Services Office of Inspector General has nessee Secretary of State; Mac Warner, West watchdogs argue this measure increases warned that fraudsters ‘‘are offering COVID– Virginia Secretary of State; Ed Buchanan, ‘‘transparency.’’ Transparency is good when 19 tests to Medicare beneficiaries in ex- Wyoming Secretary of State. applied to government, but when it strips change for personal details, including Medi- away Constitutionally protected privacy for care information.’’ This is unfortunately just OHIO HOUSE OF REPRESENTATIVES, one of many COVID–19 scams targeting sen- individuals, it is exceedingly dangerous. For SCOTT WIGGAM, STATE REP- iors. the federal government to expose our con- RESENTATIVE, Senior fraud scams can be devastating on a February 25, 2021. stituents as supporters of any nonprofit’s personal and financial level. The Consumer To: Ohio Federal Delegation cause would be an enormous overreach of Financial Protection Bureau estimated in From: Ohio Representative Scott Wiggam, centralized power. 2019 that elder financial exploitation cases District 1, Ohio House of Representatives If passed, the donor disclosure provisions resulted in an average loss of over $40,000 and TO THE OHIO FEDERAL DELEGATION: As a in H.R. 1/S. 1 would bludgeon our democratic 7% of cases resulted in a senior losing over $100,000. Many seniors live on fixed incomes state legislator elected to be a voice for the institutions and threaten the safety and people of Ohio, I write to express my opposi- and savings earned over a lifetime of hard peace of our everyday constituents. It would tion to H.R. 1/S. 1, an unconstitutional take- work. Older adults have contributed so much further normalize the darkness of ‘‘cancel over of citizens’ right to free speech and as- to our nation, and it is simply wrong that sociation. culture’’ and intimidation through overregu- many are losing life savings to criminals. As elected officials, we both have a duty to lation in American society. Therefore, we Tragically, it is rare for seniors to receive represent our constituents best interests and call on you to oppose H.R./S. 1. compensation even after fraudsters are a responsibility to defend the United States Sincerely, caught and convicted. Edith’s Bill would Constitution. Therefore, it is my obligation Representative SCOTT WIGGAM, take an important step in providing com- to urge you to oppose the deceptively named District 1, Ohio House of Representatives, pensation to defrauded seniors, and it would ‘‘For the People Act.’’ The legislation is ill- Ohio ALEC State Chair. do so without using taxpayer funds. considered and deeply unconstitutional, and Throughout the country, attorneys general I have seen firsthand the chilling effects of are fighting senior fraud and abuse. In 2019, the donor disclosure provisions that it would several state attorneys general partnered enact. with the U.S. Department of Justice and

VerDate Sep 11 2014 05:04 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.005 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H988 CONGRESSIONAL RECORD — HOUSE March 2, 2021 other federal partners to conduct the larg- Attorney General; Sean Reyes, Utah Attor- effectiveness is based on a misunderstanding est-ever nationwide elder fraud sweep ney General; Mark R. Herring, Virginia At- of the FEC’s work and why deadlocks occa- against perpetrators who had repeatedly tar- torney General; Patrick Morrisey, West Vir- sionally occur. By definition, campaign fi- geted seniors, resulting in losses of over $750 ginia Attorney General. nance law inserts the government into par- million. Though this initiative was a tre- tisan electoral disputes. In our experience, mendous success, the total annual financial FEBRUARY 9, 2021. the agency’s bipartisan structure both loss by elder abuse victims is estimated to be Hon. NANCY PELOSI, assures that the laws are enforced with bi- well over $2.6 billion. Speaker of the House of Representatives, partisan support and equally important, that Further, with 1 in 5 Americans expected to House of Representatives, Washington, DC. they are not perceived as a partisan tool of be over the age of 65 by 2030, an increase in Hon. CHUCK SCHUMER, the majority party—an electoral weapon, if scams and frauds targeting seniors is widely Majority Leader, you will. ‘‘The indispensable ingredient in expected. In Wisconsin alone, the number of U.S. Senate, Washington, DC. the FEC’s creation was its bipartisan make- reported elder abuse cases has already more Hon. KEVIN MCCARTHY, up,’’ with an equal number of members from than tripled since 2001. Edith Shorougian Republican Leader, each major party and a voting structure re- was one of those Wisconsin victims. Edith House of Representatives, Washington, DC. quiring some minimal measure of bipartisan was scammed out of more than $80,000 by her Hon. MITCH MCCONNELL, agreement before an enforcement action longtime financial adviser. By using this leg- Republican Leader, went forward or a rule was adopted. As Sen- islation to add senior fraud as an eligible re- U.S. Senate, Washington, DC. ator Alan Cranston (D–Calif.) explained dur- imbursement expense under VOCA, states DEAR SPEAKER PELOSI, REPUBLICAN LEADER ing post-Watergate Congressional debates will be able to help victims like Edith re- MCCARTHY, MAJORITY LEADER SCHUMER, AND about the agency’s creation: ‘‘We must not ceive the financial relief they deserve. States REPUBLICAN LEADER MCCONNELL: We write allow the FEC to become a tool for harass- would be incentivized but not mandated by out of deep concern for the threat that the ment.’’ Political actors who violate cam- this legislation to provide compensation to self-styled ‘‘For the People Act’’ (H.R. 1 and paign finance laws, and their partisans, are victims of senior fraud. S. 1 in the current Congress, hereinafter the often quick to denounce enforcement as a We join the AARP, National Coalition ‘‘FPA’’) poses to the long-standing bipar- ‘‘partisan witch hunt.’’ The FEC’s bipartisan Against Domestic Violence (NCADV), Na- tisan structure of the Federal Election Com- makeup is a direct response to this claim tional Network to End Domestic Violence, mission (‘‘FEC’’)—a concern based on our and is fundamental to public confidence in National Alliance to End Sexual Violence many years of experience as commissioners the system. (NAESV), National Children’s Alliance, Na- of the FEC. The FEC is the federal agency Further, a neutral examination of the rel- tional Organization for Victim Assistance entrusted with primary interpretation, civil atively few ‘‘deadlocks’’ that do occur re- (NOVA), Alzheimer’s Association, Alz- enforcement, and administration of federal veals that a substantial portion of them con- heimer’s Impact Movement, Elder Justice campaign finance laws. cern differences of opinion over the reach of Coalition, Justice in Aging, National Clear- The threat to bipartisanship in this federal the statutes the FEC enforces. One bloc of inghouse on Abuse in Later Life (NCALL), agency should be a concern for the public, three commissioners has often reflected the Public Investors Advocate Bar Association but also for members of Congress, who are views of activist organizations that advocate (PIABA), Association of Jewish Aging Serv- among the most visible subjects of FEC scru- for even more extensive regulation, sup- ices (AJAS), North American Securities Ad- tiny. Candidates for federal office know that porting an expansive view of the statutes ministrators Association (NASAA), and Pub- the FEC is an intrusive presence in virtually that goes beyond what Congress has enacted. lic Citizen in supporting this important leg- every aspect of their campaigns, requiring In short, the complaints about ‘‘deadlocks’’ islation. We look forward to your continued disclosure of detailed aspects of their con- come from the regulatory activists who partnership in protecting our nation’s sen- tributions and expenditures, initiating inves- haven’t gotten their way. They now seek to iors. tigations, subpoenaing witnesses and change the bipartisan nature of the Commis- Sincerely, records, imposing civil penalties for viola- sion, to smooth the path for agency adoption Jeff Landry, Louisiana Attorney General; tions of its hundreds of pages of regulations, of the more expansive regulations they have Steve Marshall, Alabama Attorney General; and conducting audits of campaign commit- unsuccessfully sought for years. Congress Leslie Rutledge, Arkansas Attorney General; tees selected by the Commission to monitor has consistently declined to adopt those ex- Kathleen Jennings, Delaware Attorney Gen- compliance, among other actions. pansive objectives. eral; Asley Moody, Florida Attorney Gen- We are all former members of the FEC. Similarly, in rule-making, the FEC’s bi- Collectively, we have over six decades of eral; Leevin Taitano Camacho, Guam Attor- partisan structure is a beneficial feature, not service on the Commission. Most of us served ney General; Lawrence Wasden, Idaho Attor- a defect. It demands that commissioners as Chair of the FEC, and at least one of us ney General; Curtis T. Hill, Jr., Indiana At- work to reach consensus and compromise on was serving on the Commission at all times torney General; Joshua L. Kaul, Wisconsin measures to achieve bipartisan support. If between 1998 and 2020. Attorney General; Kevin G. Clarkson, Alaska The FPA, as introduced in the House, is 791 Congress wanted to destroy confidence in the Attorney General; Phil Weiser, Colorado At- pages and addresses virtually every aspect of fairness of American elections, it is hard to torney General. election rules and administration. Our com- imagine a better first step than to eviscerate Karl A. Racine, District of Columbia At- ments here are limited to Titles IV and VI in the FEC’s bipartisan structure. torney General; Christopher M. Carr, Geor- But Title VI goes further. First, it allows Division B of the Act. We address those pro- gia Attorney General; Clare E. Connors, Ha- the Chair, who is appointed on a partisan visions because they concern the jurisdiction waii Attorney General; Kwame Raoul, Illi- of the FEC, and our comments specifically basis by the President, to hire and fire the nois Attorney General; Tom Miller, Iowa At- represent our combined expertise and experi- FEC’s General Counsel, a statutory position, torney General; Derek Schmidt, Kansas At- ence over decades of service on the Commis- with the support of just two commissioners. torney General; Aaron M. Frey, Maine Attor- sion. Our decision not to address provisions Thus, this crucial enforcement position can ney General; Maura Healey, Massachusetts of the FPA changing election administration be filled with no bipartisan agreement, as Attorney General; Lynn Fitch, Mississippi outside of FEC jurisdiction, however, should the Chair, the other commissioner from that Attorney General; Douglas Peterson, Ne- not be viewed as support for or acquiescence party, and an ‘‘independent’’ member ap- braska Attorney General; Gordon Mac- in those proposals. pointed by a President of the Chair’s party, Donald, New Hampshire Attorney General. Title VI would transform the FEC from a could make the decision. Further, it places Hector Balderas, New Mexico Attorney bipartisan, six-member body to a five-mem- sole authority to hire or fire the Commis- General; Wayne Stenehjem, North Dakota ber body subject to, and indeed designed for, sion’s Staff Director, also a statutory posi- Attorney General; Dave Yost, Ohio Attorney partisan control. Proponents claim this rad- tion, in the hands of the FEC Chair, not even General; Daniel Cameron, Kentucky Attor- ical change is necessary to prevent ‘‘dead- requiring the support of an independent com- ney General; Brian Frosh, Maryland Attor- lock’’ on the Commission and assure effi- missioner. The Staff Director oversees the ney General; Keith Ellison, Minnesota Attor- cient operations. This perception of per- Commission’s Auditing, Reports Analysis, ney General; Eric S. Schmitt, Missouri At- petual deadlock is incorrect. Empirically, Administrative Fines, and Alternative Dis- torney General; Aaron D. Ford, Nevada At- even the most extreme study of FEC vote— pute Resolution processes, which combined torney General; Gurbir S. Grewal, New Jer- that is, a vigorously contested, non-peer re- handle far more enforcement matters than sey Attorney General; Josh Stein, North viewed study, conducted during a short pe- the Office of General Counsel. Both the ap- Carolina Attorney General; Edward riod of relatively high disagreement within pearance and reality of bipartisanship in en- Manibusan, Northern Mariana Islands Attor- the Commission, and not transparent about forcement is fundamental to the FEC’s suc- ney General; Mike Hunter, Oklahoma Attor- its methodology or selection of votes—found cess, and Title VI destroys both. ney General; Ellen F. Rosenblum, Oregon At- a maximum of 30 percent of enforcement The FPA also makes startling changes in torney General; Ine´s del C. Carrau-Martı´nez, matters ending in 3–3 votes. But other stud- the FEC’s enforcement processes, perhaps no Acting Puerto Rico Attorney General; Alan ies, including peer-reviewed studies, have more so than in § 6004 of Title VI. That sec- Wilson, South Carolina Attorney General; consistently found much lower rates of tion provides that, in the event the Commis- T.J. Donovan, Vermont Attorney General; ‘‘deadlock,’’ typically in the one to six per- sion, after reviewing or investigating a com- Robert W. Ferguson, Washington Attorney cent range. plaint, finds the respondent candidate, cam- General; Josh Shapiro, Pennsylvania Attor- Moreover, the argument that the bipar- paign, or other entity did not violate the ney General; Peter F. Neronha, Rhode Island tisan makeup of the Commission hinders its law, the complainant may sue in federal

VerDate Sep 11 2014 05:04 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00104 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.013 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H989 court. There, the matter will be reviewed de tisan, six-member body to a five-member Fact: CACs receive between $150 and $200 novo, with no deference to the Commission’s body subject to partisan control, would be million in VOCA dollars annually, which is findings of law or fact. If, however, the Com- highly detrimental to the agency’s credi- the largest single source of funding for these mission finds that the respondent did violate bility. It would lead to more partisanship in programs. The cost of serving the more than the law, and the respondent seeks to contest enforcement and in regulatory matters, 371,000 children they helped last year was those findings in court, the Commission’s shattering public confidence in the decisions $614 million. If programs lose 70% of their rulings will be afforded the traditional def- of the FEC. The Commission depends on bi- funding, this would leave a $140 million def- erence given to administrative agencies by partisan support and universal regard for the icit, equating to about 84,450 children. courts of law. In short, while the American fairness of its actions. The FPA frustrates Fact: Victim services in Ohio lost $55 mil- justice system has traditionally erred in these goals with likely ruinous effect on our lion in 2020. Rape crisis programs specifically favor of the accused, so as to protect the in- political system. lost over $7.5 million, with individual pro- nocent and unjustly convicted, the FPA Thomas J. Josefiak, (1985–1991); Darryl R. grams losing between 32% and 57% (as well turns the formula on its head, explicitly Wold, (1998–2002); David M. Mason, (1998– as three 100% cuts) of VOCA funds. This will biasing the judicial review process in favor 2008); Bradley A. Smith, (2000–2005); Michael essentially cut services in half, reducing sur- of findings of guilt against candidates, cam- E. Toner, (2002–2007); Hans A. von Spakovsky, vivor access to pre-2000 levels. paigns, and other defendants. (2006–2007); Matthew S. Petersen, (2008–2019); THE SOLUTION Furthermore, Section 6004 allows for the Caroline C. Hunter, (2008–2020); Lee E. Good- Increase deposits into the Crime Victims appointed General Counsel to launch inves- man, (2013–2018). Fund by depositing monetary penalties asso- tigations and even determine matters of ciated with deferred prosecution and non- guilt or innocence without any majority DECEMBER 1, 2020. prosecution agreements into the CVF as well vote of the Commission. It does this by CRISIS FOR THE VOCA CRIME VICTIMS FUND as monetary penalties associated with con- sharply limiting the time the commissioners victions. have to consider a matter, and then sub- THE BASICS For more information about the problem stituting the General Counsel’s verdict for a Fact: The Victim of Crime Act’s (VOCA) and the solution, see this letter to Congress, vote of the Commission. Crime Victims Fund (CVF) is a non-taxpayer signed by over 1,480 national, state, tribal, Other changes in Title VI to the Commis- source of funding that supports thousands of and local organizations and government sion’s structure, enforcement, and regu- crime victims services providers serving mil- agencies. The 56 State and Territorial Attor- latory processes are similarly ill-conceived. lions of victims of crime annually and is neys General also sent a letter to Congress, In addition to our concerns about Title VI, funded by monetary penalties associated addressing some of these same issues. the FPA also includes a number of troubling, with federal criminal convictions. substantive changes to campaign finance Fact: Deposits fluctuate annually based on Mr. RODNEY DAVIS of Illinois. law. Most notably, we reiterate the concerns the cases that the Department of Justice Madam Speaker, I yield 1 minute to previously expressed in 2010 by many of the successfully prosecutes. the gentleman from California (Mr. signatories below regarding the ‘‘DISCLOSE Fact: Appropriators decide how much to MCCARTHY). Hopefully, he will soon be Act,’’ included in Title IV, Subtitle B. The release from the CVF every year. Statu- DISCLOSE Act is unnecessary, burdensome, the majority leader or actually the torily, this money funds specific DOJ pro- Speaker of the House. He is not part of and would stifle constitutionally protected grams and state victim assistance grants and political speech. supplements state victim compensation that California corruption I mentioned Similarly, the ‘‘Stand by Every Ad Act’’ funds. earlier. included in Title IV, Subtitle D would make Fact: It is important to have money in the Mr. MCCARTHY. Madam Speaker, disclaimer regulation more complex, have a CVF to provide a buffer for lean years. Un- this week Democrats are pushing par- chilling effect on speech, and provide little fortunately, if there are too many lean years tisan legislation that would change or no information that is not already avail- in a row, the CVF will not be able to provide able to the public under the Federal Election how we conduct elections and how we that buffer. That is the situation we are cur- can speak about political issues. This Campaign Act (‘‘FECA’’) and existing Com- rently facing. mission regulations. Indeed, in many cases, legislation is the Democrats’ most it would mislead the public as to the sources LOWER DEPOSITS LEAD TO CUTS IN GRANTS pressing priority. Every single Demo- of an ad’s funding. Fact: Deposits into the CVF are histori- crat is a cosponsor. Subtitles F and G of Title IV aim to af- cally low. Deposits the last three years have Democrats made this bill H.R. 1, firmatively clear the way for the Internal been $445 million, $495 million and $503 mil- which is reserved for the bills the ma- Revenue Service (‘‘IRS’’) and the Securities lion respectively—deposits have not been and Exchange Commission to become in- this low since 2003. This decrease is caused in jority thinks are the very most impor- volved in campaign finance regulation. This part by an increase in the use of deferred tant. is contrary to the design of the FECA, which prosecution and non-prosecution agree- Madam Speaker, you know—and gives the FEC primary civil enforcement re- ments, the monetary penalties associated those who are watching and those sponsibilities and exclusive authority for ad- with which are deposited into the General across the country should understand— ministering and interpreting the Act. These Treasury rather than the Crime Victims that when you become the majority, other agencies do not have expertise in cam- Fund. you reserve the first 10 numbers for paign finance law. Attempting to use the Fact: Lower deposits lead to lower re- whatever you want them to be. So this IRS for campaign enforcement led to the leases. Appropriators are justly cautious could have been H.R. 2, H.R. 3, H.R. 4, scandal of 2013, which tarnished that agen- about depleting the CVF, and they are reluc- cy’s reputation and public confidence in its tant to dip too deeply into the buffer the H.R. 5, H.R. 6, all the way up to 10 or operations. Inviting other non-expert agen- CVF provides, particularly if they do not see go on to any other number. cies into campaign finance enforcement indications that the CVF will be replenished. When I went out to talk to my con- would create a likelihood of inconsistent in- Fact: The amount coming off the top for stituents in the world of COVID who terpretations and applications of the laws non-victim service grants is somewhat stat- are out of work and out of school, not and increase the complexity of a regulatory ic, which means that the cuts to the annual one of them would think H.R. 1 would system already famous for its intricacy. VOCA release disproportionately cut victim Based on our collective decades of experi- be something for politicians to protect service grants. Thus, the percentage cut to themselves to get reelected. But every ence at the FEC, we believe that these, and victim service grants is larger than the per- several other provisions of Titles IV and VI centage cut to the VOCA release. single Democrat believes that is the not specifically addressed here, would com- Fact: State grants decreased in both FY’19 case. plicate the law and hinder grassroots polit- and FY’20, reflecting the decreased deposits. It wouldn’t just be in my district, but ical speech and activism, with little or no The Senate bill cuts these further. If the re- I would say that if you talk to any benefit to public accountability, trans- lease was to reflect deposits without drawing American, they would say: Back to parency, understanding of public policy, or down the balance in the CVF to dangerously work, back to school, and back to reduction in corruption. low levels, assuming no transfers to fund health. Given these concerns, we are disturbed by other grants, victim assistance grants to the recent news reports that House Leadership Madam Speaker, the priorities here states could be cut to as little as approxi- are wrong. But it is not just because plans to bring H.R. 1 directly to the floor, mately $200 million annually, only 10% of bypassing committee consideration. We urge what went out in FY’20. the Speaker thinks it so, because every members of Congress in both chambers to de- single Democrat cosponsored this bill. THE IMPACT liberately and carefully consider this com- It was bad when the Democrats intro- plex, nearly 800-page legislation, with special Fact: States are experiencing enormous duced it before COVID, and it is bad cuts to their awards. See table below. attention paid to the bill’s harmful impact that they prioritize this over the chil- on First Amendment speech and association Fact: Every state is at a different place in rights. their grant cycles. Some subgrantees have dren going back to school, or people Most importantly, we believe that Title already seen cuts (ex. Ohio), and some will going back to work, or making sure VI, by shifting the Commission from a bipar- see them in the next few years. every American who wants a vaccine

VerDate Sep 11 2014 05:04 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00105 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.012 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H990 CONGRESSIONAL RECORD — HOUSE March 2, 2021 gets one. No. It shows the truth about It doesn’t matter if you are a Demo- Now, they are going to pick and what people think is the worst about crat, Republican, or Independent. Ev- choose. You know, I thought this was people in Congress. They prioritize eryone has a personal story of a friend, unbelievable until I read this docu- themselves over everything else. their family, or their neighbor receiv- ment. Let’s understand this bill. After a ing a ballot they shouldn’t have. Every If you live in China and you want to year of our country suffering through a one of those stories erodes trust in fly on an airline, you can walk up to pandemic, the Democrats’ first piece of election integrity. Yet, under H.R. 1, the desk, you can have your money, legislation does not help the millions future voters can be dead or illegal im- but that doesn’t determine whether of students still out of school, and it migrants or maybe even registered two you get a ticket. You know what deter- does not help the 10 million Americans to three times. I guess Democrats just mines whether you get a ticket? Your who are still unemployed. No. Demo- don’t care, as long as they get re- score; what you have said. And if you crat legislation only helps themselves. elected. said something that the government Democrats want to use their razor-thin doesn’t like, you can’t fly on that b 1045 majority, not to pass bills to earn vot- plane. Unbelievable, right? That could ers’ trust, but to ensure they don’t lose Third, H.R. 1 rewrites election laws never happen in America. more seats in the next election. and imposes one-size-fits-all partisan Well, now we have a speech czar, we Madam Speaker, I know the leader- rules from Washington. have made sure the Federal Election ship on the other side predicted that Under the Constitution, we generally Commission is where they are, and now they would win 20 seats. They only defer to States and counties to run we weaponize the IRS to do exactly lost. I know that this is the most razor- elections. Democrats want to change that. thin majority the Democrats have seen that. First, they outlaw Dr. Seuss, and Remember, under President Obama’s in the last 100 years, so I guess that is now they want to tell us what to say. IRS, this power was abused by Lois why it is the top priority for every sin- They want to remove reasonable de- Lerner and other bureaucrats to target gle Democrat. bates about early voting, registration, conservative nonprofits during the 2012 Now, there are problems with this and no-excuse mail-in balloting from election. It was a massive scandal, a bill, so let’s understand it. the States and counties and resolve clear and intolerable violation of pub- First, H.R. 1 sends public dollars to them with a single Federal solution de- lic trust, and a crime, which is why fund political campaigns. Yes. cided by the whims of Washington. It is singling out groups for political views Can you believe that, Madam Speak- not unusual, because I know the com- er? is banned. mittee is also looking at, even though One hundred thirty nonprofits wrote Madam Speaker, it is the number one someone didn’t win an election, ap- priority you got elected to Congress to to Congress to strongly object to H.R. pointing somebody different in Con- do. Forget everything else, I want to 1. Why would nonprofits object to this? gress. They said America should be able to make sure I get more taxpayer money They want to stop States from listen- to fund my own campaign. I have to ‘‘support causes we believe in without ing to their residents on the very best the fear of harassment or intimida- make sure I get reelected—not that the way to protect ballot integrity, wheth- kids go back to school and not to dis- tion.’’ Well, I guess they are right, be- er it is passing voter I.D. laws or using cause if this majority makes the num- tribute vaccines—to create a slush fund basic safeguards like checking their so that politicians can run for reelec- ber one issue—in a world of a pan- voter rolls against the Post Office demic, unemployment, and kids out of tion. change-of-address system. Let me explain it to you, Madam school—the protection of themselves, I They want to mandate no-excuse Speaker. It is in the fine print. Let’s would be afraid, too. mail-in balloting and 15 days of early say someone donates $200 to a preferred If you are serious about restoring voting as the post-pandemic norm. candidate. Under H.R. 1, taxpayers now public trust in government, the ban Madam Speaker, in the last election, must chip in not $200, but $1,200. must remain in place. Where in the world can you get that at least twice a week somebody would Madam Speaker, Democrats call H.R. type of return on your investment? send me a picture of the ballots that 1 the For the People Act, but it really That is amazing. were mailed to their home of people should be called the for the politicians You talk somebody into giving you who had died or of people who had not act. It is not designed to protect Amer- $200 for your campaign, Madam Speak- lived there in 8 years. This would guar- icans’ vote. It is designed to put a er, so the taxpayers now have to give antee that continues. thumb on the scale in every election in you $1,200. No wonder you made it the Fourth, H.R. 1 politicizes the Federal America so that Democrats can turn a most important bill because it only fo- Election Commission by turning it temporary majority into permanent cuses on you. from an evenly divided commission control. It is an unparalleled political Democrats want to raise this money into a partisan one. But they are also grab. I urge all my colleagues to oppose through new fines on corporations going to create a speech czar. it. which the government will use to pay Can you imagine? The Federal Elec- Ms. LOFGREN. Madam Speaker, I re- for campaigns and political consult- tion Commission has an even number serve the balance of my time. ants. I guess Democrats don’t actually of Republicans and an even number of Mr. RODNEY DAVIS of Illinois. believe corporate money is bad in poli- Democrats. You have the smallest ma- Madam Speaker, I yield 11⁄2 minutes to tics. jority you have had in more than 100 the gentleman from Ohio (Mr. JORDAN), Today, corporations can’t give. I years, so your number one priority is my good friend and the ranking mem- guess they found a loophole to help to make sure you can’t keep that bi- ber of the Judiciary Committee. them. partisan. Let’s put our thumb on the Mr. JORDAN. Madam Speaker, which Second, H.R. 1 weakens the security scale and make sure we get one more is it? For 3 months, the Democrats told of our elections by making it harder to Democrat than Republican. Then we us the 2020 election was fine. There was protect against voter fraud. This bill can create a speech czar and tell people no need for an investigation. It was automatically registers voters from what to say and what they can’t say. flawless. But, today, they tell us we the DMV and other government data- So they can’t tell us in a bill we just need to change election law with an bases such as food stamps. In most passed that there is $140 million for a 800-page bill. Think about it. We need cases it would prevent officials from subway just outside the Speaker’s of- all of this? 800 pages to fix a flawless removing ineligible voters from the fice. That would be wrong. But we also election? Maybe something else is rolls and make it harder to verify the could get $200, but get $1,200 from the going on here. accuracy of voter information. Cur- taxpayer. Who wouldn’t want this bill? Last year, COVID was the pretext for rently, an estimated 24 million voter Every single Democrat does. making changes to election law. Par- records across the country appear to be H.R. 1 weaponizes the IRS—can you tisan courts and partisan secretaries of inaccurate or invalid, and as we saw imagine that—by allowing the IRS to State went around State legislatures in during the pandemic, this created consider an organization’s political an unconstitutional fashion and chaos and confusion. views before granting tax exemptions. changed election law in some States,

VerDate Sep 11 2014 05:04 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00106 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.023 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H991 and now they want to make sure those strip her of her committee assignments the candidates. This is not how the unconstitutional changes in a few has cosponsored the bill that will send government should be spending our States become the law in all States. over $7 million of taxpayer money to taxpayers’ money. That is what this is about. fund her reelection. H.R. 1 would also allow the IRS to in- This isn’t the first time Democrats If this bill passes, it will create a rul- vestigate the political and policy back- have tried to have it both ways, talked ing class and tremendously undermine ground of organizations before grant- out of both sides of their mouth. Re- Americans’ right to self-government. ing tax-exempt status. member what they said. In fact, this bill should be called for The SPEAKER pro tempore. The Democrats said: Republicans tried to the permanent ruling class act. time of the gentlewoman has expired. overturn the will of the people on Jan- No one who truly wants fair and hon- Mr. RODNEY DAVIS of Illinois. uary 6, 2021, when we objected to six est elections, no one who wants people Madam Speaker, I yield an additional States. to have faith that their vote counts, 15 seconds to the gentlewoman from But on January 6, 2017, they objected will vote for this bill. California (Mrs. STEEL). to ten states. The Democrat chair of Ms. LOFGREN. Madam Speaker, I re- Mrs. STEEL. Madam Speaker, this is the Rules Committee objected to Ala- serve the balance of my time. a slippery slope towards discrimination bama, a State President Trump won by Mr. RODNEY DAVIS of Illinois. against organizations. I urge my col- 30 points. The lead impeachment man- Madam Speaker, you can tell we have leagues to vote ‘‘no’’ on this bill. ager objected to Florida, and the chair- got some dedicated Members of Con- Ms. LOFGREN. Madam Speaker, I re- woman of the Financial Services Com- gress here to debate this bill. serve the balance of my time. mittee objected to Wyoming. For good- Madam Speaker, I yield 1 minute to Mr. RODNEY DAVIS of Illinois. ness sake, a State that President the gentleman from New York (Mr. Madam Speaker, may I inquire as to Trump won by 40 points. They tried to GARBARINO), my great friend and one of how much time is remaining? overturn the will of the people in Wyo- the newest Members of Congress. The SPEAKER pro tempore. The gen- ming. Mr. GARBARINO. Madam Speaker, tleman from Illinois has 30 seconds re- We know what this is about. This is we are facing a growing public mistrust maining. about raw politics, and we should all of our electoral process. Mr. RODNEY DAVIS of Illinois. vote ‘‘no.’’ In my district alone, over 800 ballots Madam Speaker, I yield myself such Ms. LOFGREN. Madam Speaker, I re- in Nassau County were sent out in the time as I may consume. serve the balance of my time. wrong names and wrong addresses. In Madam Speaker, vote ‘‘no’’ on this Mr. RODNEY DAVIS of Illinois. the school board election this year, I disastrous piece of legislation. Obvi- Madam Speaker, I yield 2 minutes to received three ballots at my house, one ously, the timekeeper didn’t keep the the gentleman from Alabama (Mr. for me and two for the people who time right; I should have more. Madam Speaker, I yield back the bal- PALMER), the chair of the Republican moved out 10 years ago. Policy Committee and my good friend. On election day, all over my district, ance of my time. Ms. LOFGREN. Madam Speaker, may Mr. PALMER. Madam Speaker, if my in Ronkonkoma, Seaford, and Babylon, I inquire as to how much time is re- Democrat colleagues were serious machines went down. Voters had to maining? about making elections fair and hon- hand in their ballots, and then they The SPEAKER pro tempore. The gen- est, they would start by enforcing a were misplaced. tlewoman from California has 5 min- law they passed, the National Voter I think all of us can agree that legis- utes remaining. Registration Act of 1993. lative fixes are needed. But today, we Ms. LOFGREN. Madam Speaker, I That law requires that every State are debating a bill, a partisan bill, yield myself such time as I may con- and every county maintain accurate whose sole aim is to secure a Demo- sume. voter files. Yet, the Pew Research Cen- cratic majority. Madam Speaker, there have been a ter reported that there are 24 million This bill doubles down on problems number of statements made on the people improperly registered. 1.8 mil- that we saw during the 2020 election. floor today that were hair-on-fire inac- lion of them are dead. 2.7 million are Expanding mail-in voting—part of the curate, and 5 minutes would not be registered in more than one State. The problem. Legalizing ballot harvesting— enough to actually correct the mis- State of Michigan is 105 percent reg- part of the problem. Eliminating State takes and the incorrect comments that istered to vote, with 16 counties that ID—now you are just asking for a prob- have been made, but let me just ad- are between 110 and 119 percent reg- lem. Funding elections—I can think of dress a couple of them. istered. Pennsylvania has over 800,000 a million things that can be done be- I keep hearing ‘‘speech czar.’’ I must inactive voters still on the State’s fore we fund elections. confess, when I first heard that, I voter registration files, and Los Ange- Ms. LOFGREN. Madam Speaker, I re- thought, what the heck are they talk- les County has 1.6 million more people serve the balance of my time. ing about? Then I looked at the rhet- registered to vote than live in the Mr. RODNEY DAVIS of Illinois. oric, and it appears that there is an ob- county who are qualified to vote. Madam Speaker, I yield 1 minute to jection to section 603 of the bill, which There are 17 Democrat Members still the gentlewoman from California (Mrs. allows the chair of the FEC and other serving in this Congress who voted for STEEL), my good friend and another commissioners to take certain actions. that law, including the Speaker and freshman Member of our historic fresh- Now, it has nothing to do with being the majority leader. If you were serious man class. a speech czar. There is no connection about cleaning up our elections, you Mrs. STEEL. Madam Speaker, I rise with that. To suggest that the FEC would enforce that law. today in support of free speech. doing its job is somehow becoming a As if the Federal takeover of elec- I also rise today to protect our con- speech czar is just not correct. tions isn’t enough, this bill would also stituents’ taxpayer dollars. I have heard a lot of comments about force taxpayers to foot the bill for cam- This bill we are debating, H.R. 1, the voucher program. People have ob- paigns. would federally mandate a 6-to-1 gov- jected to our tax dollars being spent. Just a few weeks ago, the majority ernment match of contributions in con- Well, here is the good news: There are stripped my colleague, MARJORIE TAY- gressional or presidential campaigns. no tax dollars being spent in this pro- LOR GREENE, of her committee assign- That means for every $200 donated to gram. It is a pilot project that allows ments. This week, though, they seem the campaign, the Federal Government for a matching system to see whether to believe that even though she isn’t would match $1,200. That is $1,200 of small donors can actually empower allowed to serve on any standing com- our constituents’ hard-earned tax dol- more diversity and empower the voices mittees, she should receive taxpayer-fi- lars sent to a campaign or candidate of ordinary Americans as compared to nanced campaign contributions. that they may not even agree with or the big interests. Based on the formula in this bill and believe in. what Representative GREENE has raised In the upcoming 2022 election cycle, b 1100 already, this bill would give her over $7 that means up to $7.2 million of public It is not funded by taxpayer funds, million. Every Democrat who voted to funds, per candidate, would be given to and it is not funded from a source that

VerDate Sep 11 2014 05:04 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.024 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H992 CONGRESSIONAL RECORD — HOUSE March 2, 2021 could be used for anything else in the Mr. POSEY. Madam Speaker, I rise today to elections fair and honest they would start by government. It is an additional penalty express my strong opposition to H.R. 1 and enforcing a law they passed—The National to corporations that have done wrong my great disappointment that the Majority re- Voter Registration Act of 1993. That law re- and are fined. There will be an addi- fused to allow my commonsense amendments quires that every state and every county main- tional fine to fund this pilot project. to be offered to this bill. This bill was written tain accurate voter files. Yet the Pew Re- I have heard that somehow H.R. 1 behind closed doors and though Members of search Center reported that there are 24 mil- would allow the IRS to go after con- Congress offered over 180 amendments to im- lion people improperly registered . . . 1.8 mil- servative groups. That is not true. Sec- prove this bill only 56 were allowed to be of- lion are dead, 2.7 million are registered to vote tion 4501 simply repeals the prohibition fered on the House floor. That is a travesty for in more than one state. The state of Michigan that prevents the IRS from examining Congress and the American people who want is 105 percent registered to vote with sixteen the meaning of social welfare in the and deserve honest and transparent elections. counties with voter registration between 110– context of 501(c)(4) organizations. That While serving in the Florida Senate I was 119 percent. is about any group that misuses the tasked with reforming Florida’s election laws Pennsylvania has over 800,000 inactive vot- Tax Code for politics, pretending to be following the 2000 election and chaos that en- ers still on the state’s voter registration files a social welfare group, whatever their sued. Having tackled election reform in the and Los Angeles County had 1.6 million more ideology. It never made sense to pre- aftermath of an uncertain election, I know first- people registered to vote than people living in clude the IRS from doing this job. That hand how important it is to restore confidence the county who are qualified to vote. The fail- would be like prohibiting the FEC from and eliminate existing grey areas that may ure to maintain accurate voter files is an invi- administering the Federal elections lead to fraud or raise questions about fairness. tation for election fraud. If my Democrat col- code. Events surrounding the 2020 election raised leagues are serious about restoring con- Voter ID: Members act as if that is questions from my constituents about the op- fidence in our elections they should be push- just a piece of cake. Well, 11 percent of eration and certification of voting machines ing states to comply with the law. There are eligible voters in the United States used throughout our state and the nation. 17 Democrat members still serving in this don’t have an ID, and they can’t get it Chief among those concerns was whether our Congress who voted for the National Voter because they don’t have the money to voting machines are connected to the internet Registration Act including the Speaker and the pay for the underlying documents that and vulnerable to manipulation through hack- Majority Leader. Why aren’t they pushing for would be necessary to get that ID. And ing. To answer these and other questions I cleaning up our voter registration files in every those 11 percent are disproportionately contacted the U.S. Election Assistance Com- state? senior citizens, young people, people mission which certifies voting hardware and As if the federal takeover of elections wasn’t with disabilities, low-income voters. So software for use in our elections. enough, this bill would also force taxpayers to what is the alternative? They sign In her letter to me, the Inspector General of foot the bill for campaigns. Just a few weeks the U.S. Election Assistance Commission ad- under penalty of perjury. They can be ago the majority stripped my colleague MAR- dressed this topic stating that the ‘‘EAC be- prosecuted for a felony if they are JORIE TAYLOR GREENE of her committee as- lieves Michigan may use modem transmission lying. signments. This week they seem to believe features in at least some of its Dominion vot- Ballot harvesting: There is no such that though she isn’t allowed to serve on any ing systems.’’ This is in direct conflict with as- thing as harvesting ballots. It is about standing committees she should receive tax- sertions by the maker of the Dominion Voting getting someone you trust to turn in payer financed campaign contributions. Based System who stated, ‘‘. . . Voting systems are your ballot for you if you can’t do it on the formula in this bill and what Rep. by design meant to be used as closed sys- yourself. We have had that in Cali- GREENE has raised already this bill would give tems that are not networked meaning they are fornia for many years. I will note that her over $7 million. Every Democrat who Republican candidates used that exten- not connected to the Internet.’’ To end the confusion on this issue and re- voted to strip Rep. GREENE of her committees sively in California this year. There store confidence in our system, I filed an has also co-sponsored the bill that would send was no evidence of fraud when they did amendment that would prohibit voting systems over 7 million dollars to fund her re-election. it, and there was no evidence of fraud from being connected to the Internet; specifi- If this bill passes it will create a ruling class when Democrats did it. You give your cally, stating that no system or device upon and tremendously undermine Americans’ right ballot to your neighbor, if you wish. which ballots are programmed or votes are to self-government. In fact, this bill should be The neighbor has to sign, and they turn cast or tabulated shall be connected to the called the For The Permanent Ruling Class it in for you. That is not fraud, and it Internet at any time. That would ensure the in- Act. No one who truly wants fair and honest is not a problem. tegrity of voting machines. Unfortunately, that elections, No one who wants the American Finally, I just want to address the amendment was not allowed to be debated people to trust our elections, to have faith that issue of so-called Federal overreach. and voted on. their vote counts, will vote for this bill. The Constitution of the United States, My second amendment would ensure that Ms. ESHOO. H.R. 1, For the People Act, is Article I, Section 4 says this: ‘‘The election machines are fully auditable—no one of the most important bills Congress can times, places, and manner of holding longer would election officials and election consider because it strengthens and reforms elections for Senators and Representa- equipment providers deny full audits of elec- our democracy at a time in history when it is tives shall be prescribed in each State tions due to proprietary software or hardware. especially fragile. This sweeping legislation is by the legislature thereof,’’ but here is The American people have a right to a full divided into three sections: voting, campaign the important next section, ‘‘but the audit of any election to ensure the full integrity finance, and ethics. Its numerous provisions Congress may at any time by law make of elections. There is no good reason to op- expand voting rights, diminish the corrosive in- or alter such regulations.’’ And that is pose this amendment but, again, it was not al- fluence of money in politics, and bolster ethics what we are doing in H.R. 1. lowed to be debated and voted on. and transparency to ensure government works I think it is interesting that earlier And, my third amendment would have pro- for the people. this year the Republican Study Com- hibited the use of voting systems produced by Voting is a fundamental right in a democ- mittee endorsed the Save Democracy a foreign entity. It would also require all com- racy, and H.R. 1 will expand voter rolls by re- Act. That legislation would establish ponents of the voting systems be manufac- quiring every state to adopt automatic and national standards for prohibiting tured and maintained in the United States. same-day voter registration, just as California automatic voter registration, to make Why should the votes of the American people has. The bill ends partisan gerrymandering by it hard to cast a ballot, to impose re- be subject to counting using foreign equipment requiring states to adopt independent redis- strictive rules on vote tabulation. So, I that cannot be audited and that may be con- tricting commissions and makes it easier to guess that overreach only matters to nected to the Internet? My amendments would vote by expanding early voting and allowing my colleagues if it empowers voters, ban all three of these things. every American to vote by mail, just as mil- not if it restricts voters. By denying elected Members of Congress a lions did last November during the pandemic. For too long, this Chamber has been vote on these amendments, Speaker PELOSI H.R. 1 reforms our campaign finance sys- silent, and this silence has harmed the decided against providing full transparency tem to address the disastrous Citizens United people. We need to stop that silence and accountability in our federal elections. decision that opened the floodgates to unlim- and vote ‘‘yes’’ on H.R. 1. This partisan bill should be rejected. ited contributions from anonymous donors. Madam Speaker, I yield back the bal- Mr. PALMER. Madam Speaker, if my Demo- The legislation establishes a public Fair Elec- ance of my time. crat colleagues were serious about making tions Fund to match small dollar donations,

VerDate Sep 11 2014 05:04 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00108 Fmt 7634 Sfmt 9920 E:\CR\FM\K02MR7.027 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H993 strengthens Federal Election Commission It shall be in order at any time for AMENDMENT NO. 7 OFFERED BY MR. (FEC) oversight of Super PACs, and requires the chair of the Committee on House AUCHINCLOSS OF MASSACHUSETTS ‘‘dark money’’ independent expenditure groups Administration or her designee to offer Page 210, line 18, strike ‘‘and’’. to disclose their donors just as candidates and amendments en bloc consisting of fur- Page 210, after line 18, insert the following Super PACs must do. ther amendments printed in part B of new subparagraph (and redesignate the suc- Lastly, the bill holds public officials account- House Report 117–9, not earlier dis- ceeding subparagraph accordingly): (D) provide assurances that the State will able by closing lobbyist registration loopholes, posed of. Amendments en bloc shall be dedicate poll worker recruitment efforts strengthens conflict of interest rules, and em- considered as read, shall be debatable with respect to youth and minors, including powers the Office of Government Ethics to for 20 minutes equally divided and con- by recruiting at institutions of higher edu- better enforce ethics laws. trolled by the chair and ranking minor- cation and secondary education; and I’m very proud that H.R. 1 includes two ity member of the Committee on House AMENDMENT NO. 8 OFFERED BY MR. major provisions I authored. The bill includes Administration or their respective des- AUCHINCLOSS OF MASSACHUSETTS my Presidential Tax Transparency Act which ignees, shall not be subject to amend- Page 119, beginning line 15, strike ‘‘based requires the president and vice president to ment, and shall not be subject to a de- on the race’’ and insert ‘‘based on the age, publicly release their tax returns annually. It mand for division of the question. race’’. also requires major party candidates for both AMENDMENTS EN BLOC NO. 1 OFFERED BY MS. AMENDMENT NO. 9 OFFERED BY OFFERED BY MS. offices to release ten prior years of tax returns LOFGREN OF CALIFORNIA BOURDEAUX OF GEORGIA within 15 days of accepting their party’s nomi- Ms. LOFGREN. Madam Speaker, pur- Page 184, insert after line 6 the following nation. Tax returns contain vital information suant to House Resolution 179, I offer (and redesignate the succeeding provisions such as whether a candidate has paid any amendments en bloc. accordingly): taxes; what assets they own; if they’ve bor- The SPEAKER pro tempore. The ‘‘(h) PROHIBITING CERTAIN RESTRICTIONS ON rowed money and from whom; whether Clerk will designate the amendments ACCESS TO VOTING MATERIALS.— en bloc. ‘‘(1) DISTRIBUTION OF ABSENTEE BALLOT AP- they’ve taken advantage of tax loopholes and PLICATIONS BY THIRD PARTIES.—A State may offshore tax shelters; and whether they have Amendments en bloc No. 1 consisting of amendment Nos. 1, 2, 3, 4, 5, 7, 8, 9, not prohibit any person from providing an foreign bank accounts. The disclosure of a application for an absentee ballot in the presidential candidate ’s tax returns is particu- 10, 11, 15, 16, 17, 20, and 21, printed in election to any individual who is eligible to larly important because the American people part B of House Report 117–9, offered by vote in the election. should be able to vet their finances before the Ms. LOFGREN of California: ‘‘(2) UNSOLICITED PROVISION OF VOTER REG- election. AMENDMENT NO. 1 OFFERED BY MS. SCANLON OF ISTRATION APPLICATIONS BY ELECTION OFFI- For decades, presidents and presidential PENNSYLVANIA CIALS.—A State may not prohibit an election candidates voluntarily released their tax re- Page 169, insert after line 14 the following: official from providing an unsolicited appli- ‘‘(3) COLLEGE CAMPUSES.—The State shall cation to register to vote in an election for turns. I introduced the Presidential Tax Trans- ensure that polling places which allow vot- Federal office to any individual who is eligi- parency Act in 2016 when this bipartisan tradi- ing during an early voting period under sub- ble to register to vote in the election.’’. tion was abandoned and it became clear that section (a) will be located on campuses of in- Page 251, insert after line 18 the following: we could no longer rely on voluntary disclo- stitutions of higher education in the State.’’. ‘‘(C) The State shall ensure that the num- sure. Presidential candidates must be held to AMENDMENT NO. 2 OFFERED BY MS. ADAMS OF ber of drop boxes provided is sufficient to the highest standards of transparency to en- NORTH CAROLINA provide a reasonable opportunity for voters sure confidence that they will work solely for Page 222, line 22, insert ‘‘, including initia- to submit their voted ballots in a timely tives to facilitate the enfranchisement of manner.’’. the interests of the American people, not their Page 252, line 9, strike ‘‘and’’. own financial gain. groups of individuals that have historically faced barriers to voting’’ before the period. Page 252, line 13, strike the period and in- I’m also pleased that H.R. 1 establishes sert ‘‘; and’’. Election Day as a federal holiday. I’ve intro- AMENDMENT NO. 3 OFFERED BY MS. ADAMS OF Page 252, insert after line 13 the following: NORTH CAROLINA duced similar legislation with Rep. DONALD ‘‘(6) geographically distributed to provide a MCEACHIN in the past three Congresses to Page 94, after line 21, insert the following: reasonable opportunity for voters to submit give Americans the time off they need to vote (2) a description of how the agency will their voted ballot in a timely manner’’. prioritize access to such initiatives for Page 253, insert after line 13 the following and participate in our democracy. U.S. voter schools that serve— turnout in 2020 was the highest in over a cen- (and redesignate the succeeding provision ac- (A) the highest numbers or percentages of cordingly): tury, but it consistently lags behind turnout in students counted under section 1124(c) of the ‘‘(i) REMOTE SURVEILLANCE PERMITTED.— other established democracies, many of which Elementary and Secondary Education Act of The State may provide for the security of vote on a weekend or holiday. While there are 1965 (20 U.S.C. 6333(c)); and drop boxes through remote or electronic sur- many factors that influence voter turnout, mak- (B) the highest percentages of students veillance.’’.’’. who are eligible for a free or reduced price ing Election Day a federal holiday will make AMENDMENT NO. 10 OFFERED BY MR. BRENDAN F. lunch under the Richard B. Russell National voting easier and give Americans an oppor- BOYLE OF PENNSYLVANIA School Lunch Act (42 U.S.C. 1751 et seq.) tunity to celebrate the importance of civic en- (which, in the case of a high school, may be Page 88, after line 8, insert the following: gagement and participation in the proud Amer- calculated using comparable data from the SEC. 1055. PERMISSION TO PLACE EXHIBITS. ican tradition of self-governance. schools that feed into the high school), as The Secretary of Homeland Security shall H.R. 1 includes all of these important re- compared to other public schools in the ju- implement procedures to allow the chief forms and many others, and I’m proud to vote risdiction of the agency; election officer of a State to provide infor- in favor of this critical legislation. Page 94, line 22, strike ‘‘(2)’’ and insert mation about voter registration, including The SPEAKER pro tempore. All time ‘‘(3)’’. through a display or exhibit, after the con- for debate has expired. Page 94, line 24, strike ‘‘(3)’’ and insert clusion of an administrative naturalization ‘‘(4)’’. Each further amendment printed in ceremony in that State. AMENDMENT NO. 4 OFFERED BY MS. ADAMS OF part B of House Report 117–9 not earlier AMENDMENT NO. 11 OFFERED BY MR. BROWN OF NORTH CAROLINA considered as part of amendments en MARYLAND Page 223, line 10, insert ‘‘Of the funds ap- Page 45, insert after line 13 the following bloc pursuant to section 3 of House propriated, the Secretary shall ensure that Resolution 179, shall be considered only (and redesignate the succeeding provision ac- 25 percent is reserved for Minority Institu- cordingly): in the order printed in the report, may tions described in section 371(a) of the Higher be offered only by a Member designated Education Act of 1965 (20 U.S.C. 1067q(a)).’’ SEC. 1006. PERMITTING VOTER REGISTRATION APPLICATION FORM TO SERVE AS in the report, shall be considered as after the period. APPLICATION FOR ABSENTEE BAL- read, shall be debatable for the time AMENDMENT NO. 5 OFFERED BY MS. ADAMS OF LOT. specified in the report equally divided NORTH CAROLINA Section 5(c)(2) of the National Voter Reg- and controlled by the proponent and an Page 181, after line 8, insert the following: istration Act of 1993 (52 U.S.C. 20504(c)(2)) is opponent, may be withdrawn by the (3) SAME-DAY PROCESSING.—The United amended— proponent at any time before the ques- States Postal Service shall ensure, to the (1) by striking ‘‘and’’ at the end of subpara- maximum extent practicable, that ballots graph (D); tion is put thereon, shall not be subject are processed and cleared from any postal fa- (2) by striking the period at the end of sub- to amendment, and shall not be subject cility or post office on the same day the bal- paragraph (E) and inserting ‘‘; and’’; and to a demand for division of the ques- lots are received at such a facility or post of- (3) by adding at the end the following new tion. fice. subparagraph:

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‘‘(F) at the option of the applicant, shall (d) DEADLINE FOR APPOINTMENT.—Not later and (e) of section 2 of the National Institute serve as an application to vote by absentee than 90 days after the date of enactment of of Standards and Technology Act (15 U.S.C. ballot in the next election for Federal office this Act, the Commission shall appoint the 272).’’. held in the State and in each subsequent members of the task force. (b) EFFECTIVE DATE.—The amendments election for Federal office held in the (e) COMPENSATION.—Members of the task made by subsection (a) shall apply with re- State.’’. force shall serve without pay and shall not spect to expenditures made on or after the AMENDMENT NO. 15 OFFERED BY MS. BUSH OF receive travel expenses. date of the enactment of this Act. MISSOURI (f) TASK FORCE SUPPORT.—The Commission The SPEAKER pro tempore. Pursu- Page 250, line 9, strike ‘‘and’’. shall ensure appropriate staff and officials of ant to House Resolution 179, the gen- the Commission are available to support any Page 250, line 11, strike the period and in- tlewoman from California (Ms. LOF- sert ‘‘; and’’. task force-related work. GREN) and the gentleman from Illinois Page 250, insert after line 11 the following: SEC. 3803. STUDY AND REPORT. ODNEY AVIS ‘‘(C) by homeless individuals (as defined in (a) STUDY.—The task force established in (Mr. R D ) each will control section 103 of the McKinney–Vento Homeless this subtitle shall conduct a study of the im- 10 minutes. Assistance Act of 1987 (42 U.S.C. 11302)) of the pact of automated accounts on social media, The Chair recognizes the gentle- State.’’. public discourse, and elections. Such study woman from California. AMENDMENT NO. 16 OFFERED BY MR. CASE OF shall include an assessment of— Ms. LOFGREN. I yield myself such HAWAII (1) what qualifies as a bot or automated ac- time as I may consume. At the end of subtitle I of title I, insert the count; Madam Speaker, this bloc of amend- following (and conform the table of contents (2) the extent to which automated ac- ments provides important additions to accordingly): counts are used; H.R. 1 that strengthen the bill and en- SEC. 1624. STUDY AND REPORT ON VOTE-BY-MAIL (3) how the automated accounts are used; hance voter access. and PROCEDURES. This bloc includes, for example, an (a) STUDY.—The Election Assistance Com- (4) how to most effectively combat any use mission shall conduct a study on the 2020 of automated accounts that negatively ef- amendment from the gentlewoman elections and compile a list of recommenda- fects social media, public discourse, and elec- from Pennsylvania that requires States tions to— tions while continuing to promote the pro- to ensure that there are polling places (1) help States transitioning to vote-by- tection of the First Amendment on the inter- during the early voting period on col- mail procedures; and net. lege campuses. This will help young (2) improve their current vote-by-mail sys- (b) TASK FORCE CONSIDERATIONS.—In car- people to engage in our elections and tems. rying out the requirements of this section, will likely help boost youth turnout. (b) REPORT.—Not later than January 1, the task force shall consider, at a min- It also includes an amendment from 2022, the Election Assistance Commission imum— shall submit to Congress a report on the (1) the promotion of technological innova- the gentlewoman from North Carolina study conducted under subsection (a). tion; that will help ensure the timely deliv- AMENDMENT NO. 17 OFFERED BY MS. CASTOR OF (2) the protection of First Amendment and ery of absentee ballots by the Postal FLORIDA other constitutional rights of social media Service. It calls for the Postal Service Page 681, line 2, strike ‘‘or’’. users; to perform same-day processing of bal- Page 681, line 7, strike the period and in- (3) the need to improve cybersecurity to lots when they are received at a postal sert ‘‘; or’’. ensure the integrity of elections; and facility. Page 681, insert after line 7 the following: (4) the importance of continuously review- Also included is an amendment from ‘‘(C) in the case of an individual who be- ing relevant regulations to ensure that such comes an agent of a foreign principal that regulations respond effectively to changes in the gentlewoman from Georgia that would require registration under section 2 of technology. supports access to the franchise. It im- the Foreign Agents Registration Act of 1938, (c) REPORT.—Not later than 1 year after plements voter protections by ensuring as amended (22 U.S.C. 612), before the date on the establishment of the task force, the task that States cannot prohibit access to which such individual becomes such an agent force shall develop and submit to Congress voting materials provided by third par- of a foreign principal.’’. and relevant Federal agencies the results ties, such as get-out-the-vote organiza- Page 681, line 14, strike ‘‘1995)’’ and insert and conclusions of the study conducted tions. the following: ‘‘1995, or, in the case of an in- under subsection (a). There is also an amendment from the dividual described in subparagraph (C) of AMENDMENT NO. 21 OFFERED BY MS. ESCOBAR OF gentleman from Pennsylvania that al- such paragraph, the date on which the indi- TEXAS vidual becomes a registered agent of a for- lows for voter education information at Page 397, insert after line 7 the following: eign principal under the Foreign Agents Reg- naturalization ceremonies for newly istration Act of 1938, as amended)’’. SEC. 3305. EXEMPTION OF CYBERSECURITY AS- sworn-in citizens. That will help edu- SISTANCE FROM LIMITATIONS ON AMENDMENT NO. 20 OFFERED BY MR. AMOUNT OF COORDINATED POLIT- cate and inform new citizens about the DESAULNIER OF CALIFORNIA ICAL PARTY EXPENDITURES. opportunities to register to vote. After subtitle H of title III, insert the fol- (a) EXEMPTION.—Section 315(d)(5) of the Finally, there is an amendment from lowing (and redesignate the succeeding sub- Federal Election Campaign Act of 1971 (52 the gentlewoman from Texas that ex- title accordingly): U.S.C. 30116(d)(5)) is amended— empts cybersecurity assistance, includ- Subtitle I—Study and Report on Bots (1) by striking ‘‘(5)’’ and inserting ‘‘(5)(A)’’; ing assistance in responding to threats SEC. 3801. SHORT TITLE. (2) by striking the period at the end and in- or harassment online, from limits on serting ‘‘, or to expenditures (whether pro- This subtitle may be cited as the ‘‘Bots Re- coordinated political party expendi- search Act’’. vided as funds or provided as in-kind serv- ices) for secure information communications tures. SEC. 3802. TASK FORCE. Madam Speaker, I support these (a) ESTABLISHMENT.—Not later than 90 days technology or for a cybersecurity product or after the date of enactment of this Act, the service or for any other product or service amendments. I urge their adoption, and Election Assistance Commission, in con- which assists in responding to threats or har- I reserve the balance of my time. sultation with the Cybersecurity and Infra- assment online.’’; and Mr. RODNEY DAVIS of Illinois. structure Security Agency, shall establish a (3) by adding at the end the following new Madam Speaker, we have so much op- task force to carry out the study and report subparagraph: position on our side to this bill. I yield ‘‘(B) In subparagraph (A)— required under section 3803. 11⁄2 minutes to the gentleman from (b) NUMBER AND APPOINTMENT.—The task ‘‘(i) the term ‘secure information commu- Georgia (Mr. CARTER), my good friend, force shall be comprised of the following: nications technology’ means a commercial- (1) At least 1 expert representing the Gov- off-the-shelf computing device which has since we ran out of debate time on gen- ernment. been configured to restrict unauthorized ac- eral debate. (2) At least 1 expert representing academia. cess and uses publicly-available baseline con- Mr. CARTER of Georgia. Madam (3) At least 1 expert representing non-prof- figurations; and Speaker, I rise today in opposition to it organizations. ‘‘(ii) the term ‘cybersecurity product or the underlying bill. This legislation (4) At least 1 expert representing the social service’ means a product or service which masquerades as a fix to the country’s media industry. helps an organization to achieve the set of election concerns. However, that (5) At least 1 election official. standards, guidelines, best practices, meth- odologies, procedures, and processes to cost- couldn’t be further from the truth. (6) Any other expert that the Commission This bill relaxes ethics requirements determines appropriate. effectively identify, detect, protect, respond (c) QUALIFICATIONS.—The Commission shall to, and recover from cyber risks as developed with a change in administration. It select task force members to serve by virtue by the National Institute of Standards and forces taxpayers to subsidize elections of their expertise in automation technology. Technology pursuant to subsections (c)(15) and election outreach. It compromises

VerDate Sep 11 2014 05:04 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00110 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.021 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H995 States’ rights and leaves Washington and effectively eliminates signature dence of such rampant ‘‘suppression’’ here in as the arbiter of managing elections, matching. our state. which runs against the Constitution. It The sad truth is that there are things H.R. 1 would supersede most of Oklahoma’s would limit free speech and weaken the that we could be doing on a bipartisan election administration and election integ- rity laws, making our elections less secure, First Amendment protections that ev- basis to improve our election process. more complicated to administer, and much eryone here holds in such high regard. In the last Congress, many of my more expensive to conduct. Although H.R. 1 This legislation compromises State Democratic colleagues supported au- claims to only apply to ‘‘federal’’ elections, voter ID integrity laws and moves to diting of election results. I agree and almost all elections here could be affected roll back the important work that has believe we could find genuine com- because Oklahoma’s state and county elec- been done in this space. It alters the promise on that important point. tions are held on the same dates as federal Federal Election Commission’s makeup It is for all these reasons and many, elections. and effectively limits any bipartisan many more that I urge my colleagues Although the concerns with H.R. 1 are too to oppose H.R. 1. It is a bad bill. numerous to provide an exhaustive list in consensus or work that can be done. this letter, there are some fairly amazing This isn’t a bipartisan bill intended Madam Speaker, I would like to re- levels of micromanagement of elections in to unite the country and mend con- mind my friend from Illinois that if it this legislation: from requiring ‘‘self-seal- cerns about elections. No, this is an- weren’t for my participation, I don’t ing’’ return envelopes, to setting the number other partisan package that was rushed know that we would have won that of days of ‘‘early’’ voting, to mandating that to the floor and, subsequently, could game. new state voting systems be capable of have serious consequences for our con- Ms. LOFGREN. Madam Speaker, I re- ‘‘ranked choice’’ elections, to dictating how stituents and our Nation. serve the balance of my time. close voting locations must be to public This bill will weaken what many Mr. RODNEY DAVIS of Illinois. The transportation stops. gentleman is right. We really did enjoy H.R. 1 is incompatible with many of Okla- States are doing to improve election homa’s existing state laws. For example, security and establishes a dangerous having him on that bipartisan congres- Oklahoma law requires that federal elections precedent for the involvement of Fed- sional football championship team. must be certified one week after the date of eral agencies in election issues. Madam Speaker, I yield 11⁄2 minutes the election. But H.R. 1 disregards such For these reasons, Madam Speaker, I to the gentlewoman from Oklahoma deadlines, requiring absentee ballots to be urge my colleagues to oppose the un- (Mrs. BICE), another star member of accepted and counted 10 days after Election derlying bill. this freshman class. Day—which is three days after the state Ms. LOFGREN. Madam Speaker, I Mrs. BICE of Oklahoma. Madam must certify the election results. yield 1 minute to the gentleman from Speaker, I rise in opposition to the This legislation takes direct aim at Okla- package of en bloc amendments. These homa’s existing election integrity laws, Massachusetts (Mr. AUCHINCLOSS), a making it virtually impossible for election new member of the House who has two amendments continue to go down a officials to verify the identity of in-person amendments encompassed in this en path that is partisan and unnecessary. and mail absentee voters, requiring states to bloc amendment. I also strongly oppose the underlying allow untrackable absentee ballot har- Mr. AUCHINCLOSS. Madam Speaker, bill, H.R. 1, the so-called For the Peo- vesting, mandating voter registration by I rise today in support of H.R. 1, the ple Act. telephone, and making it nearly impossible For the People Act, to restore integ- Madam Speaker, H.R. 1 would retract to prevent double voting by allowing voters rity and ethics in our electoral process. the hard work that States such as to vote anywhere in the state whether they To strengthen the bill, I have offered Oklahoma have done to improve our are registered to vote at that location or not. In an H.R. 1 world, Oklahoma election two amendments to empower younger election laws. officials would have no means to reassure generations to work together to tackle When I served in the Oklahoma State the electorate that an election is fraud-free. the challenges that will define our life- Legislature, we implemented require- Other provisions will add great uncer- times. Climate change, gun violence, ments to ensure the security of our tainty to elections in Oklahoma, such as the and reproductive rights energize and elections in our State. However, H.R. 1 requirement that tribal leaders can deter- galvanize younger Americans. The includes a Federal mandate that would mine certain voting locations on tribal right to vote is how they are heard and take away the ability of States to over- land—which given the recent U.S. Supreme how they make change. My amend- see and manage their own elections. Court’s McGirt decision, might be inter- Madam Speaker, I include in the preted as most of the State of Oklahoma. ments will expand and protect this Finally, H.R. 1 does not include realistic right for young people. RECORD a letter from Paul Ziriax, the timelines for implementing its election ad- The For the People Act must live up secretary of the Oklahoma State Elec- ministration changes. By our estimation, to its name, and I am proud to offer tion Board, in which he raises serious implementing even a few of its major provi- these amendments that reinforce the concerns that H.R. 1 would supersede sions might take years—yet H.R. 1 demands importance of a democracy that brings most of Oklahoma’s election laws. that dozens of major new election adminis- all Americans, regardless of age, race, OKLAHOMA STATE ELECTION BOARD, tration policies and technologies be put in gender identity, or income, to the bal- Oklahoma City, OK, February 25, 2021. place in time for the 2022 elections. This is Hon. JIM INHOFE, United States Senator. setting up election officials for failure, and I lot box to cast their votes. fear that many experienced election admin- Mr. RODNEY DAVIS of Illinois. Hon. JAMES LANKFORD, United States Sen- ator. istrators in our state may quit or retire Madam Speaker, I yield 11⁄2 minutes to Hon. KEVIN HERN, United States Representa- rather than attempting the near-impossible the gentleman from Ohio (Mr. GON- tive, District 1. task of implementing the provisions of H.R. ZALEZ), my good friend, who, in spite of Hon. MARKWAYNE MULLIN, United States 1 should it become law. once being an Ohio State Buckeye and Representative, District 2. There are legitimate disagreements about an Indianapolis Colt, it took him com- Hon. FRANK LUCAS, United States Represent- election policies. In fact, most states have ing to Congress to finally win a foot- ative, District 3. very different election procedures. This is by design. Under the Constitution and our fed- ball championship. Hon. TOM COLE, United States Representa- tive, District 4. eral system of government, it is the respon- Mr. GONZALEZ of Ohio. Madam sibility of State Legislatures to determine Speaker, I rise in opposition to this en Hon. STEPHANIE BICE, United States Rep- resentative, District 5. the time, manner and place of elections. bloc amendment and H.R. 1, the so- TO THE HONORABLE MEMBERS OF THE OKLA- Congress should not attempt to implement a called For the People Act. HOMA CONGRESSIONAL DELEGATION: As Okla- one-size-fits-all set of election rules for the It is hard to know exactly where to homa’s chief election official, I am writing states. For this reason, it seems likely that begin when considering how misguided to make you aware of my concerns regarding the enactment of H.R. 1 would almost cer- this bill truly is. If this bill becomes H.R. 1, as introduced in the U.S. House of tainty lead to costly and lengthy litigation. law, we will have nationwide universal Representatives, and its U.S. Senate com- If you or your staff would like to discuss panion, S. 1. this issue further, please feel free to contact mail-in balloting, ballot harvesting, me. Thank you. and taxpayer-funded elections where H.R. 1’s election administration compo- nent would result in an unnecessary federal Sincerely, for every $1 of contribution from an in- takeover of election administration policy PAUL ZIRIAX, Secretary, dividual, the Federal Government will across the nation. One sponsor’s stated goal Oklahoma State Election Board. kick in $6. Additionally, this bill elimi- of this legislation is to ‘‘overcome rampant Mrs. BICE of Oklahoma. Madam nates the voter ID laws in all 50 States voter suppression’’—yet I have seen no evi- Speaker, the Constitution is clear that

VerDate Sep 11 2014 05:04 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00111 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.029 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H996 CONGRESSIONAL RECORD — HOUSE March 2, 2021 States prescribe the time, places, and Mr. RODNEY DAVIS of Illinois. For these reasons, I urge a ‘‘no’’ vote manner of holding elections. Madam Speaker, I yield an additional on these amendments and the under- While the majority claims that this 15 seconds to the gentleman from Wis- lying bill. is a bill to reform our political system, consin. Madam Speaker, I reserve the bal- the reality is that the changes in this Mr. FITZGERALD. As elected offi- ance of my time. bill would likely lead to a greater inci- cials, we have a duty to maintain the Ms. LOFGREN. Madam Speaker, I dence of voter fraud and would deprive faith of our voters in the integrity of am pleased to yield 1 minute to the States of the right to oversee the ad- our elections. gentlewoman from Missouri (Ms. ministration of their own elections. Madam Speaker, for these reasons, I BUSH), a new Member of Congress and a Ms. LOFGREN. Madam Speaker, I urge a ‘‘no’’ vote on this bill. member of the House Judiciary Com- continue to reserve the balance of my Ms. LOFGREN. Madam Speaker, I re- mittee, who I serve with. time. serve the balance of my time. Ms. BUSH. Madam Speaker, St. Mr. RODNEY DAVIS of Illinois. It is Mr. RODNEY DAVIS of Illinois. Louis and I rise today in support of the interesting that during this same de- Madam Speaker, I yield myself such en bloc amendment to H.R. 1, the For bate 2 years ago, we had many in the time as I may consume. the People Act. majority come talk about this bill. I Madam Speaker, here we are again Our country’s unhoused community would say they must feel a little bit with more Federal election mandates members are criminalized, disregarded, different this time. that the majority would impose on our and demonized. I have been unhoused Madam Speaker, I yield 11⁄2 minutes States and localities. Article I, Section and, in those bleak days, I felt as to the gentleman from Wisconsin (Mr. 4 of the Constitution gives States the though my own government had for- FITZGERALD), another mediocre—I primary authority to set the ‘‘times, saken me. mean, a star freshman of our historic places, and manner of holding elections My amendment to expand voting ac- class and my good friend. for Senators and Representatives.’’ cess to our unhoused community is Mr. FITZGERALD. Madam Speaker, Congress’ role in this space is purely rooted in love, a love that says you do I rise in objection to H.R. 1, the so- secondary and reserved only for cor- not need an address for your vote to called For the People Act. recting highly significant and substan- matter. Contrary to the title, the bill puts tial deficiencies. We saw nothing in We must ensure our unhoused com- politicians ahead of the American peo- 2020 that would rise to the level of a munity members and our neighbors are ple and codifies nationwide election complete and total nationalization of protected from States that want to changes made last year that shook the our election system. suppress their votes. faith of Americans in the integrity of To give you some sense of the level of Madam Speaker, I urge a ‘‘yes’’ vote. our elections. control the majority feels it should Mr. RODNEY DAVIS of Illinois. When Americans vote, they put faith exert over our elections, amendments Madam Speaker, I see we have a new in the idea that our system of govern- in this en bloc would mandate even the clock watcher. How much time do we ment gives them a voice in our democ- positioning of ballot drop boxes and have remaining? racy. If this faith is betrayed and polling locations. It would also man- The SPEAKER pro tempore. The gen- Americans become skeptical of their date voters’ requests for absentee bal- tleman from Illinois has 11⁄2 minutes vote, the trust our system is built upon lots and the methods used for recruit- remaining. The gentlewoman from collapses, and they do not want it to ing poll workers. California has 71⁄4 minutes remaining. collapse. The underlying bill would require Mr. RODNEY DAVIS of Illinois. The bill would take us down this very States to provide 15 days of early vot- Madam Speaker, I yield myself such path of losing trust by taking constitu- ing at 10 hours a day, even in States time as I may consume. tionally granted authority out of the that conduct their elections com- Madam Speaker, we can’t say much hands of the States and local officials pletely by mail. more about how bad this bill is. Just and destroying the safeguards of elec- The underlying bill would regulate the distortions, the mistruths, and just tion integrity. the amount of time a voter could wait obvious malicious errors coming from For example, not only would this bill in line to vote. Here is the deal: No one the majority about what this bill does do nothing to address ballot har- wants any voter to wait in a long line is frustrating. vesting, but it would take the practice to vote, but setting aside the constitu- Last Congress, when this bill was in- nationwide. We have seen the irreg- tional issues for a second, do we really troduced, this bill started funding ularities created by this practice and think this body can make a one-size- Members of Congress’ campaigns with how ballot harvesting allows manipula- fits-all decision that works for the taxpayer dollars. And back then, under tion and intimidation in several elec- unique people who live in each of our the 2018 calculations, every Member of tions across this country. diverse 50 States? Congress was only eligible to get about This provision, coupled with the $4 million added to their campaign ac- b 1115 bill’s private right of action, would counts. In the 2020 election, this happened in simply set up a stopwatch stakeout at Now, if you look at the top 20, 11 Wisconsin, where ballot harvesting is polling locations for ambulance-chas- Democrats make up the top 20, and 9 not supposed to be permitted. In those ing trial attorneys. Republicans, in disbursements over the instances, voter registration and ab- States run elections in this country. 2020 cycle. Every single Member of this sentee ballots were completed and col- I urge each of my colleagues to speak body is eligible through the 6-to-1 lected in unsecured outdoor areas prior with their State’s secretary of state or matching program to get $7.2 million. to the date allowed under State law. chief election officials and local elec- No matter what Speaker PELOSI says, I am also proud to have implemented tion officials. Learn from the people no matter what the majority says— strong voter ID laws during my time in who actually administer elections. they can tell you it is not true—read the Wisconsin Legislature. Unfortu- State and local election administrators the bill. It is in the bill. nately, over the past year, I saw those know best the needs of their voting They are going to say, well, it is not protections steamrolled under the population. taxpayer dollars. Let me go through guise of the pandemic, allowing over I speak with secretaries of state from the process. It is corporate money, cor- 200,000 voters to submit a ballot with- across the country regularly to keep up porate dollars that we cannot get in out showing an ID. to date on election issues. Just last our campaigns right now that is then This bill would permanently open the week, at the only hearing held in this taken from corporations who, in their floodgates by forcing States to allow Congress on the underlying bill, the name, are bad actors. individuals to vote without an ID sim- minority called the only witness who Remember, Congress sets the level of ply by signing a statement, effectively had even ever administered an elec- fines. And a lot of these fines already banning State voter ID laws. tion. So I know many of my colleagues go to good causes, like crime victim The SPEAKER pro tempore. The could benefit from learning more about funds, rape crisis centers. They are time of the gentleman has expired. their State’s election processes. going to get shortchanged because that

VerDate Sep 11 2014 05:04 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00112 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.031 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H997 money is taken from corporate fines So, once again, I would like to thank SEC. 1006. REPORT ON DATA COLLECTION. that are corporate dollars laundered the attorneys general of Maryland, Col- Not later than 1 year after the date of en- through the Federal Government. orado, Connecticut, Delaware, Illinois, actment of this Act, the Attorney General shall submit to Congress a report on local, This money comes out as public Iowa, Maine, Massachusetts, Michigan, State, and Federal personally identifiable in- money, taxpayer dollars, and then it is Minnesota, Nevada, and Washington formation data collections efforts, the cyber given directly to Members of Congress’ for standing up for the rule of law, for security resources necessary to defend such campaigns. pointing out that H.R. 1 will lead to efforts from online attacks, and the impact Madam Speaker, a vote for this bill is clean elections, and that American de- of a potential data breach of local, State, or a vote for you, yourself, $7.2 million in mocracy needs repairing, and this bill Federal online voter registration systems. your own campaign. will repair it. AMENDMENT TO 18 OFFERED BY MR. COMER OF Madam Speaker, I yield back the bal- Madam Speaker, I urge a ‘‘yes’’ vote KENTUCKY ance of my time. on the en bloc amendments, and I yield Strike section 8022 and insert the fol- lowing: Ms. LOFGREN. Madam Speaker, I back the balance of my time. yield myself such time as I may con- The SPEAKER pro tempore. Pursu- SEC. 8022. PROCEDURE FOR WAIVERS AND AU- sume. THORIZATIONS RELATING TO ETH- ant to House Resolution 179, the pre- ICS REQUIREMENTS. Just a few points. As I am sure the vious question is ordered on the gentleman from Illinois knows, we had (a) IN GENERAL.—Notwithstanding any amendments en bloc offered by the other provision of law, not later than 30 days a markup last year on H.R. 1, and one gentlewoman from California (Ms. LOF- after an officer or employee issues or ap- of the issues raised was the propriety GREN). proves a waiver or authorization pursuant to of having taxpayer dollars fund the The question is on the amendments section 3 of Executive Order No. 13770 (82 6 pilot program, the matching program. en bloc. Fed. Reg. 9333), or any subsequent similar And we agreed—we agreed with that The question was taken; and the order, such officer or employee shall— (1) transmit a written copy of such waiver observation. So we changed it. We Speaker pro tempore announced that made an amendment to address that or authorization to the Director of the Office the noes appeared to have it. of Government Ethics; and concern. Ms. LOFGREN. Madam Speaker, on (2) make a written copy of such waiver or It is not an additional—an existing that I demand the yeas and nays. authorization available to the public on the fund. If a corporation does wrong and is The SPEAKER pro tempore. Pursu- website of the employing agency of the cov- assessed a fine, there is an additional ant to section 3(s) of House Resolution ered employee. fine hit on that bad-doing corporation 8, the yeas and nays are ordered. (b) RETROACTIVE APPLICATION.—In the case that would fund the pilot project. And Pursuant to clause 8 of rule XX, fur- of a waiver or authorization described in sub- if there aren’t enough bad-doers to ac- section (a) issued during the period begin- ther proceedings on this question are ning on January 20, 2017, and ending on the tually fully fund the program, the pro- postponed. date of enactment of this Act, the issuing of- gram is scaled back. There is no tax- AMENDMENTS EN BLOC NO. 2 OFFERED BY MS. ficer or employee of such waiver or author- payer money in this program. LOFGREN OF CALIFORNIA ization shall comply with the requirements These amendments in this bill ad- Ms. LOFGREN. Madam Speaker, pur- of paragraphs (1) and (2) of such subsection dress things that are important. And suant to House Resolution 179, I rise to not later than 30 days after the date of en- let me just reference the letter from offer amendments en bloc No. 2. actment of this Act. (c) OFFICE OF GOVERNMENT ETHICS PUBLIC the attorneys general that I included The SPEAKER pro tempore. The AVAILABILITY.—Not later than 30 days after in the RECORD earlier. We are talking Clerk will designate the amendments receiving a written copy of a waiver or au- about what is happening right now, and en bloc. thorization under subsection (a)(1), the Di- this is what they state: Amendments en bloc No. 2 consisting rector of the Office of Government Ethics ‘‘. . . State legislators have seized of amendment Nos. 6, 12, 13, 18 and 39, shall make such waiver or authorization upon former President Trump’s base- printed in part B of House Report 117– available to the public on the website of the less voter fraud allegations to curtail 9, offered by Ms. LOFGREN of California: Office of Government Ethics. (d) REPORT TO CONGRESS.—Not later than mail-in voting options, impose strin- AMENDMENT NO. 6 OFFERED BY OFFERED BY MR. 45 days after the date of enactment of this gent voter ID requirements, limit voter ARMSTRONG OF NORTH DAKOTA Act, the Director of the Office of Govern- registration opportunities, and allow Page 266, insert after line 5 the following: ment Ethics shall submit a report to Con- even more aggressive purging of voter SEC. 1934. CLARIFICATION OF EXEMPTION FOR gress on the impact of the application of sub- rolls. In the wake of a safe and secure STATES WITHOUT VOTER REGISTRA- section (b), including the name of any indi- TION. vidual who received a waiver or authoriza- election, which enabled greater levels To the extent that any provision of this of voter participation than in over a tion described in subsection (a) and who, by title or any amendment made by this title operation of subsection (b), submitted the in- century, we should be building on this imposes a requirement on a State relating to formation required by such subsection. progress, not dismantling it.’’ registering individuals to vote in elections (e) DEFINITION OF COVERED EMPLOYEE.—In And that is what this act would do. for Federal office, such provision shall not this section, the term ‘‘covered employee’’— They go on to say: apply in the case of any State in which, (1) means a non-career Presidential or Vice ‘‘The act includes several measures under law that is in effect continuously on Presidential appointee, non-career appointee that would neutralize these cynical ef- and after the date of the enactment of this in the Senior Executive Service (or other forts at voter suppression. . . .’’ Act, there is no voter registration require- SES-type system), or an appointee to a posi- Madam Speaker, I think we should ment for any voter in the State with respect tion that has been excepted from the com- recognize that what is going on in to an election for Federal office. petitive service by reason of being of a con- fidential or policymaking character (Sched- State legislatures around the United AMENDMENT TO NO. 12 OFFERED BY MR. BURGESS OF TEXAS ule C and other positions excepted under States right now is, in fact, what the Page 208, after line 7, insert the following comparable criteria) in an executive agency; attorneys general have said, a cynical (and redesignate subsequent sections appro- and effort to suppress the vote, because we priately): (2) does not include any individual ap- have the greatest voter turnout in SEC. 1707. DEPARTMENT OF JUSTICE REPORT ON pointed as a member of the Senior Foreign American history with the new tools VOTER DISENFRANCHISEMENT. Service or solely as a uniformed service com- that the pandemic actually led us to: a Not later than 1 year of enactment of this missioned officer. Act, the Attorney General shall submit to Strike section 8052 and insert the fol- broader opportunity to cast your vote lowing: by absentee, a broader opportunity to Congress a report on the impact of wide- spread mail-in voting on the ability of active SEC. 8052. PRESIDENTIAL TRANSITION ETHICS vote early. PROGRAMS. We had great turnout. And I don’t duty military servicemembers to vote, how quickly their votes are counted, and whether The Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended— know in the end which party will ben- higher volumes of mail-in votes makes it (1) in section 3(f), by adding at the end the efit when more Americans vote. harder for such individuals to vote in federal following: Could it be the Republicans? Could it elections. be the Democrats? ‘‘(3) Not later than 10 days after submit- AMENDMENT NO. 13 OFFERED BY MR. BURGESS ting an application for a security clearance I don’t know. But I do know this: OF TEXAS for any individual, and not later than 10 days Who will win is America. America wins Page 45, after line 13, insert the following after any such individual is granted a secu- when all Americans have a chance to (and redesignate subsequent sections accord- rity clearance (including an interim clear- cast their vote. ingly): ance), each eligible candidate (as that term

VerDate Sep 11 2014 05:04 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00113 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.033 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H998 CONGRESSIONAL RECORD — HOUSE March 2, 2021 is described in subsection (h)(4)(A)) or the thereafter from complying with voter for the previous 12-month period, in- President-elect (as the case may be) shall registration requirements in the act. cluding paid and unpaid positions. submit a report containing the name of such This is reasonable, as North Dakota Requirements that Presidential tran- individual to the Committee on Oversight does not have voter registration. As sition teams disclose sources of com- and Reform of the House of Representatives pensation for each transition team and the Committee on Homeland Security the State does not require voter reg- and Governmental Affairs of the Senate.’’; istration, it is reasonable not to force member exceeding $5,000 a year for the and them to begin doing so now. previous 12-month period. (2) in section 6(b)— There is also an amendment in this And a requirement that the head of (A) in paragraph (1)— en bloc that requires a report to Con- the Federal department or agency, or (i) in subparagraph (A), by striking ‘‘and’’ gress on the impact of widespread their designee, shall not permit access at the end; mail-in voting on the suffrage of Ac- to the Federal department or agency, (ii) in subparagraph (B), by striking the pe- tive Duty military servicemembers, or employees of such department or riod at the end and inserting a semicolon; agency, that would not be provided to and how quickly their votes are counted and whether the high volumes of mail- a member of the public for any transi- (iii) by adding at the end the following: tion team member who does not make ‘‘(C) a list of all positions each transition in votes makes it harder for those indi- team member has held outside the Federal viduals to vote. the required prior employment and Government for the previous 12-month pe- Republicans and Democrats alike, conflicts of interest disclosures. riod, including paid and unpaid positions; can agree that insights into how to It is clear the absence of these provi- ‘‘(D) sources of compensation for each better secure our election infrastruc- sions was pure politics, but my amend- transition team member exceeding $5,000 a ture are needed to protect our democ- ment adds those provisions back since year for the previous 12-month period; racy. what is good for a Republican Presi- ‘‘(E) a description of the role of each tran- dent is good for a Democrat President sition team member, including a list of any Included in this en bloc is an amend- ment to require a report to Congress on or his or her administration. policy issues that the member expects to Ethical principles are supposed to be the data collection practices; the re- work on, and a list of agencies the member universal. They are supposed to apply expects to interact with, while serving on quired necessary security resources; equally. And this bill, that so obvi- the transition team; and the impact of a potential data ‘‘(F) a list of any issues from which each ously exempts one political party from breach of local, State, or Federal on- ethics rules, is not itself ethical. Many transition team member will be recused line voter registration systems. while serving as a member of the transition Democrats should vote for this amend- Additionally, there is an amendment team pursuant to the transition team ethics ment since it restores what Democrats plan outlined in section 4(g)(3); and directing the Election Assistance Com- proposed in the last Congress. We took ‘‘(G) an affirmation that no transition mission to study the use of blockchain the exact language and included it in team member has a financial conflict of in- technology to enhance election secu- this bill. terest that precludes the member from work- rity. I hope that study will include the If this bill had gone through regular ing on the matters described in subparagraph use of electricity in the creation of order and had been marked up in a (E).’’; blockchain technology. (B) in paragraph (2), by inserting ‘‘not committee, we could have addressed later than 2 business days’’ after ‘‘public’’; b 1130 these discrepancies at the committee level instead of imposing this extended and Much of H.R. 1’s provisions are aimed amendment process on the whole (C) by adding at the end the following: at restoring the American public’s ‘‘(3) The head of a Federal department or House. But this bill did not go through faith in the government by improving agency, or their designee, shall not permit regular order, and so I offered this ethics standards imposed on public of- access to the Federal department or agency, amendment at the Committee on ficials. or employees of such department or agency, Rules. This amendment restores to the that would not be provided to a member of An amendment included in this en bill ethics provisions that were origi- the public for any transition team member bloc would require ethics waivers nally intended to apply for President who does not make the disclosures listed granted by Congress to the executive Trump and his advisers but were under paragraph (1).’’. branch officials to be disclosed, and re- dropped from the bill for President AMENDMENT NO. 39 OFFERED BY MR. quire members of the Presidential SCHWEIKERT OF ARIZONA Biden’s administration. transition team to disclose nongovern- Applying ethics rules to one political Page 394, after line 4, insert the following mental positions they have held in the new subsection: party but not another is wrong. The (c) BLOCKCHAIN TECHNOLOGY STUDY AND RE- year prior to starting their service on Committee on Rules, to their credit, PORT.— the transition team. took a step toward correcting this (1) IN GENERAL.—The Election Assistance I thank my colleagues on the other wrong by making this evenhanded Commission shall conduct a study with re- side of the aisle for putting forward amendment in order. Now, it remains spect to the use of blockchain technology to these amendments, and I believe it will for the full House to pass this amend- enhance voter security in an election for gather bipartisan support. Federal office. ment and to show its agreement on a Madam Speaker, I reserve the bal- bipartisan basis that ethics rules (2) REPORT.—Not later than 90 days after ance of my time. the date of enactment of this Act, the Com- should apply equally. mission shall submit to Congress a report on Mr. STEIL. Madam Speaker, I yield 2 Madam Speaker, I urge all members the study conducted under paragraph (1). minutes to the gentleman from Ken- to join me in supporting the Comer The SPEAKER pro tempore. Pursu- tucky (Mr. COMER), my colleague. amendment No. 18 in en bloc No. 2. ant to House Resolution 179, the gen- Mr. COMER. Madam Speaker, I urge Ms. LOFGREN. Madam Speaker, I re- tlewoman from California (Ms. LOF- all Members, on a bipartisan basis, to serve the balance of my time. GREN) and the gentleman from Wis- support this amendment. Mr. STEIL. Madam Speaker, I yield 2 consin (Mr. STEIL) each will control 10 When reviewing H.R. 1 as introduced minutes to the gentleman from North minutes. this Congress, I noticed it was missing Dakota (Mr. ARMSTRONG), my colleague The Chair recognizes the gentle- several ethics provisions that were in- and good friend. woman from California. cluded in the bill last Congress when Mr. ARMSTRONG. Madam Speaker, I Ms. LOFGREN. Madam Speaker, my Donald Trump was President. But now appreciate my colleagues on both sides Republican colleagues are the authors that Joe Biden is President, those eth- of the aisle recognizing the unique na- of all of the amendments included in ics provisions conveniently dis- ture of the State of North Dakota. this en bloc, and I think these amend- appeared. In 1993, the Voter Registration Act ments represent a number of thought- What was missing from this updated passed and there were six States that ful amendments that will improve the version of H.R. 1 were the following did not have voter registration. And so, bill. provisions: rightfully so, under thoughtful and Included is an amendment that ex- Requirements that Presidential tran- considered language, they exempted empts any State that does not utilize sition teams disclose a list of all posi- the States who didn’t have voter reg- voter registration on the enactment tions each transition team member istration from the Voter Registration date of this act and continuously held outside the Federal Government Act.

VerDate Sep 11 2014 05:04 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00114 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.019 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H999 Well, now we are in 2021, and the only easy, and convenient. It also poses sig- The text of the amendment is as fol- State in the country that doesn’t have nificant risks for those same citizens lows: voter registration is the State of North by increasing the cyber-infrastructure Page 141, line 19, strike ‘‘unless such indi- Dakota. So as this process has been requirements at all levels of govern- vidual is serving a felony sentence in a cor- going on and the different fights that ment and introduces cybersecurity rectional institution or facility at the time exists, which I agree with my col- challenges in areas that have not pre- of the election’’. Page 143, strike line 9 and all that follows leagues on this side of the aisle on a lot viously had online registration. through page 144, line 2 and insert the fol- of those issues, we find ourselves in a We are all familiar with the concept, lowing: fairly unique position in that the in- if it goes on a network, it can be (2) DATE OF NOTIFICATION.—The notifica- tent of what people are trying to do hacked. Data breaches pose a real tion required under paragraph (1) shall be with this bill would have actually threat to Americans’ privacy, to their given on the date on which the individual is made it more difficult in a lot of cases financial security. We have seen time sentenced for the offense involved. in North Dakota for how we do things. and again how poor digital hygiene, or Page 145, strike lines 1 through 8 and insert the following: We are proud of our quirky board of insufficient cybersecurity, have cre- ated new vulnerabilities to Americans’ (ii) in the case of any individual com- elections system. I will just tell you, mitted to the custody of the Bureau of Pris- when I served in the State legislature, personally identifiable information. ons, by the Director of the Bureau of Pris- I was the chair of the State Senate Ju- Madam Speaker, Americans deserve ons, on the date in which the individual is diciary Committee, which was in to know how this mandate in the un- sentenced. charge of election law. And North Da- derlying bill will impact their local Page 145, strike lines 17 through 24 (and re- kotans are very proud of it. I also voting systems and their personal pri- designate the succeeding provisions accord- ingly). served as the State party chair for 3 vacy. Many areas of the United States years, so I was very frustrated by the have successfully implemented online The SPEAKER pro tempore. Pursu- fact that we didn’t have voter registra- voter registration, and that could be ant to House Resolution 179, the gen- tion. So even in my own background, I great for those voters. However, many tlewoman from Missouri (Ms. BUSH) had conflicting views on this. election precincts, and even some and a Member opposed each will con- Madam Speaker, I just appreciate the States, do not have adequate infra- trol 5 minutes. The Chair recognizes the gentle- ability of everybody working together structure or resources to ensure proper protection of the personally identifi- woman from Missouri. because this is really important to my Ms. BUSH. Madam Speaker, St. State, and it would fundamentally able information that is required to be collected to register to vote. Louis and I rise to offer an amendment alter things, and not in a good way. to H.R. 1, the For the People Act, Ms. LOFGREN. Madam Speaker, I re- This amendment would provide our which would restore the right to vote serve the balance of my time. constituents information to either pro- to our community members serving Mr. STEIL. Madam Speaker, I yield 3 vide a sense of security that their voter data will be properly protected or will sentences for felony convictions. minutes to the gentleman from Texas I want to extend my deepest grati- (Mr. BURGESS), my colleague. serve as a warning as to how this could impact their voting system. tude to Congressman JONES for this Mr. BURGESS. Madam Speaker, I partnership. thank the gentleman for the recogni- Madam Speaker, I urge an ‘‘aye’’ on both votes. Madam Speaker, America does not tion. love all of its people, and we see that. Madam Speaker, I rise today to offer Ms. LOFGREN. Madam Speaker, I re- serve the balance of my time. Right now, more than 5 million people an amendment to H.R. 1, Burgess are legally barred from participating in amendment No. 12, which would re- Mr. STEIL. Madam Speaker, al- though I do not support the underlying our elections as a result of criminal quire the Attorney General of the laws. That is, 1 in 44 Americans, 500,000 United States to submit a report to bill, H.R. 1, these five amendments brought before us improve what is oth- Latinx Americans, 1.2 million women, Congress on the impact of widespread and 1 in 6 Black folks. mail-in voting on the ability of Active erwise a bad bill. I think these studies would be helpful, in particular, to our Madam Speaker, this cannot con- Duty military servicemembers to vote, tinue. Disenfranchising our own citi- how quickly their votes could be count- servicemembers. And we recognize the unique position zens, it is not justice. ed, and whether the higher volumes of the State of North Dakota has in our Madam Speaker, I yield 1 minute to mail-in votes makes it harder for those system. the gentlewoman from California (Ms. individuals to vote in national elec- Madam Speaker, I encourage a ‘‘yes’’ LOFGREN). tions. vote on the en bloc, and I yield back Ms. LOFGREN. Madam Speaker, I America’s servicemembers put their the balance of my time. thank the gentlewoman from Missouri lives on the line to protect our country Ms. LOFGREN. Madam Speaker, as I (Ms. BUSH) for yielding. and everything it stands for. We must said in my opening remarks, we believe Madam Speaker, I would just like to ensure their voices are heard in our these amendments are reasonable ones. note that the underlying bill provides elections. If the majority has their way I support them, and I yield back the that once individuals are re-enfran- with the underlying bill in perma- balance of my time. chised, they may vote. And H.R. 1 also nently expanding mail-in voting, Con- The SPEAKER pro tempore. Pursu- ends the practice of so-called prison gress must first know that such poli- ant to House Resolution 179, the pre- gerrymandering, where persons who cies won’t negatively impact those we vious question is ordered on the are incarcerated are counted where rely on to ensure that our voices are amendments en bloc offered by the they are incarcerated not in their heard in the first place. gentlewoman from California (Ms. LOF- home districts, even though they can- A second amendment, Burgess GREN). not vote there. amendment No. 13, would require a re- The question is on the amendments Now, I know different people have port on voter data collection efforts at en bloc. different viewpoints on this amend- local, State, and Federal levels, and The en bloc amendments were agreed ment. The committee Democrats have make the resources necessary to defend to. no official position, but speaking just such efforts from cyberattacks and the A motion to reconsider was laid on personally, I feel there is merit to this impact of potential data breaches of the table. amendment. If you are going to count local, State, or Federal online voter AMENDMENT NO. 14 OFFERED BY MS. BUSH the individuals for redistricting pur- registration systems. The SPEAKER pro tempore. It is now poses in their prisons, then I think H.R. 1, the underlying bill, includes in order to consider amendment No. 14 they have to be allowed to vote there, the Voter Registration Modernization printed in part B of House Report 117– or else that entire scheme is com- Act, which requires that all Americans 9. pletely wrong. have access to online voter registra- Ms. BUSH. Madam Speaker, I have Madam Speaker, further, it occurs to tion, a significant expansion of this an amendment at the desk. me that those who oppose it think that service in many parts of the country. The SPEAKER pro tempore. The denying a vote would somehow be a de- Voter online registration can be quick, Clerk will designate the amendment. terrent to criminal conduct. In fact,

VerDate Sep 11 2014 05:04 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00115 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.036 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H1000 CONGRESSIONAL RECORD — HOUSE March 2, 2021 empowering people to be full citizens vote. The reason, of course, is white su- Madam Speaker, our Founders pur- encourages rehabilitation. premacy. Over 150 years ago, during posefully decentralized our election Mr. STEIL. Madam Speaker, I rise in Reconstruction, we tried to build a process to give States the authority to opposition to the amendment. multiracial democracy in this country. conduct a smooth and open election The SPEAKER pro tempore. The gen- For the first time, Black people won day. Get the Federal Government out tleman is recognized for 5 minutes. seats in this very Chamber, but white of State and local affairs. Not every Mr. STEIL. Madam Speaker, I yield supremacists were not having it. So, precinct is equal or is of the same com- 11⁄2 minutes to the gentleman from Wis- like today’s Republican Party, they de- position. Eastern North Carolina is not consin (Mr. TIFFANY), my colleague and vised ways to deny Black people the the same, thank God, as California; good friend. right to vote. Portland, Oregon; or Manhattan. Mr. TIFFANY. Madam Speaker, I Madam Speaker, thanks to the 15th Madam Speaker, furthermore, many rise in opposition to this amendment. Amendment, they could not expressly of these changes were made without Madam Speaker, there isn’t enough prohibit Blacks from voting, so they the input of State and local leaders time to talk about all of the crazy barred prisoners from voting. Then who have the best on-the-ground things in this bill, so I am going to they invented excuses to put Black knowledge. focus on the one provision I think people in those prisons. It took 70 years The SPEAKER pro tempore. The takes the cake and something that for a Black candidate to win a seat in time of the gentleman has expired. should have been put in this bill. this Congress from the South again. Mr. STEIL. Madam Speaker, I yield The bill before us today, which I am These Jim Crow laws remain on the an additional 30 seconds to the gen- calling the politician enrichment act, books. They are why over 5 million in- tleman from North Carolina. will force American taxpayers to fund carcerated people are barred from vot- Mr. MURPHY of North Carolina. partisan political ads. ing. These people look like me. They Madam Speaker, several organizations You heard that right, Mr. and Mrs. are parents. They are children. They oppose this bill. I urge my colleagues America. All those negative, mud- fall in love. They make mistakes just on both sides to oppose H.R. 1 and sup- slinging campaign ads you see on TV like we do. They are citizens of the port the Republican alternative, the every election cycle—the ones you United States of America just like we Save Democracy Act. can’t stand—well, now you have to pay are, and they deserve the right to vote. This is about our elections. This is for them, too. In fact, you get to chip Mr. STEIL. Madam Speaker, I yield 2 what makes the United States different in $6 of your money for every $1 the minutes to the gentleman from North from everywhere. If we allow fraud in politicians raise. Carolina (Mr. MURPHY), who is my col- our electoral process, this Nation is How is that for the swamp taking league and good friend. lost. care of its own? Mr. MURPHY of North Carolina. Ms. BUSH. Madam Speaker, may I But, wait, there is more: Madam Speaker, I rise today in ardent ask how much time is remaining. This new taxpayer-funded gravy opposition to H.R. 1, the alleged For The SPEAKER pro tempore. The gen- train will expand a loophole in cam- the People Act. tlewoman has 13⁄4 minutes remaining. paign finance law that is already big Before I do that, I want to speak to The gentleman from Wisconsin has 1 enough to drive a fully-loaded Brinks the recent amendment submitted that minute remaining. truck through. would allow criminals, convicted fel- Ms. BUSH. Madam Speaker, let me Madam Speaker, thanks to a gen- ons, in this country to vote. I have just say, currently, Vermont, Maine, erous carve-out in Federal law, Mem- traveled around the world. I don’t the District of Columbia, and the Com- bers of Congress are able to funnel know any country in this world that monwealth of Puerto Rico allow for in- campaign contributions into their per- allows criminals, convicted felons, to dividuals to vote who are incarcerated, sonal bank accounts by simply hiring vote. That is not keeping them from just to be clear. their spouses as campaign consultants. committing their crime. It is called Madam Speaker, I yield 30 seconds to In fact, one high profile Member of punishment. It is punishment for their the gentlewoman from Michigan (Ms. the body—this body—exploited this crime. It is unconscionable to me we TLAIB). loophole to the tune of $2.8 million in are actually debating some of these Ms. TLAIB. Madam Speaker, I rise the last election cycle. things that we debate on the floor now. because voting is a right that must be You think it is bad now, Joe and Madam Speaker, the last election extended to all people, and, yes, that Jane Taxpayer? Just wait until you see showed the Democrats’ true goals for includes currently and formerly incar- how bad it gets when you are paying reform, a way to permanently fed- cerated individuals. for it. eralize the States’ elections away from Madam Speaker, in a country that The SPEAKER pro tempore. The Republicans. has yet to fully make amends or pay time of the gentleman has expired. If someone would read the Constitu- restitution for its racist past, we must Mr. STEIL. Madam Speaker, I yield tion, it is a beautiful document. It recognize that taking away the right an additional 15 seconds to the gen- talks about States making their own to vote as punishment for a crime is di- tleman from Wisconsin. election law. This bill, if anything, rectly tied to the racist, mass incarcer- Mr. TIFFANY. Madam Speaker, I should be referred to as the for the ation system that continues to wreak filed an amendment with the Com- politicians act. havoc on Black and Brown commu- mittee on Rules to close this loophole, Madam Speaker, let’s just look at nities. one based on a bipartisan proposal in- the process before I lambast the policy. The stripping of the right to vote of troduced by Mr. SCHIFF and supported There were 183 amendments submitted, incarcerated people, especially Black by Mr. HOYER, Mr. CLYBURN, and but only 56 were made in order. Of folks, is directly connected to the rac- Speaker PELOSI in the 110th Congress. those 56, only eight were allowed by ist past of our country, from slavery But the Committee on Rules chose not Republican Members. and Jim Crow laws to mass incarcer- to allow us to vote on that amendment Thanks to the McGovern rule, Demo- ation. It was done with intent, to dis- today. crats are continually able to submit enfranchise them for the most sacred I wonder why? rule bills on the floor without a com- right: to choose the people and policies mittee markup—it is called the demo- that govern. b 1145 cratic process—without a markup or a Madam Speaker, people need to look Ms. BUSH. Madam Speaker, I yield hearing. it up. There are countries that allow 11⁄2 minutes to the gentleman from New Madam Speaker, policywise, things formerly incarcerated people to vote. York (Mr. JONES). look even worse. This massive bill pro- Mr. STEIL. Madam Speaker, I re- Mr. JONES. Madam Speaker, I rise to vides taxpayer money to finance in- serve the balance of my time. vindicate the right to vote as precisely cumbents’ campaigns. It curbs free Ms. BUSH. Madam Speaker, I yield 30 that, a constitutional right, not a speech, significantly increases Federal seconds to the gentleman from New privilege, a right. bureaucracy and red tape, and creates York (Mr. BOWMAN). It is a travesty that our Nation’s a one-size-fits-all Federal election sys- Mr. BOWMAN. Madam Speaker, our laws do not fully protect the right to tem. friends, our neighbors, and our family

VerDate Sep 11 2014 05:04 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00116 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.039 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H1001 members who are entangled in this in- Many states have already begun to recog- Clyburn Keating Porter justice system did not lose their citi- Cohen Kelly (IL) Pressley nize the right to vote for those serving time. Connolly Khanna Price (NC) zenship, so they should not lose their Vermont and Maine are the only U.S. Cooper Kildee Quigley right to vote. states, in addition to Puerto Rico, that allow all Correa Kilmer Raskin These are people from our commu- people with felony convictions, including those Costa Kim (NJ) Rice (NY) Courtney Kind nities, still connected strongly to our incarcerated, to vote. Ross Craig Kirkpatrick Roybal-Allard families, our schools, and our work- Alabama, Mississippi, and Alaska allow Crist Krishnamoorthi Ruiz places. As a result, they should not some people who are incarcerated to vote, de- Crow Kuster Ruppersberger lose their right to vote. pending on their felony convictions. Cuellar Lamb Rush Davids (KS) Langevin Ryan Their right to vote must be restored Davis, Danny K. Larsen (WA) Additionally, Washington D.C. passed a Sa´ nchez because these are individuals—people, Dean Lawrence measure just last year which allowed those in- Sarbanes DeFazio Lawson (FL) not criminals—who can still think carcerated to vote in the November 2020 elec- Scanlon critically and creatively and con- DeGette Lee (CA) tion. DeLauro Lee (NV) Schakowsky tribute to our democracy. Our democ- This amendment is supported by a host of DelBene Leger Fernandez Schiff Schneider racy will remain broken and sick and civil rights, racial justice, and criminal legal re- Delgado Levin (CA) unhealthy until we heal by restoring Demings Levin (MI) Schrader form organizations, including the Leadership DeSaulnier Lieu Schrier the right to vote to our incarcerated Conference, Demos, the Sentencing Project, Deutch Lofgren Scott (VA) individuals. the National Immigration Project, the National Dingell Lowenthal Scott, David Mr. STEIL. Madam Speaker, I re- Doggett Luria Sewell Council of Churches, and more. serve the balance of my time. Doyle, Michael Lynch Sherman Ms. BUSH. Madam Speaker, I yield Madam Speaker, we must not allow our de- F. Malinowski Sherrill Escobar Maloney, Sires myself the balance of my time. mocracy to slide back into the worst elements of this country’s past, to stand idly by as our Eshoo Carolyn B. Slotkin I thank my colleagues, Representa- Espaillat Maloney, Sean Smith (WA) tive SARBANES and Representative LOF- treasured values of democracy, progress, and Evans Manning Soto Fletcher Matsui GREN, for their leadership on this bill. equality are poisoned and dismantled. Spanberger I urge all members to join me in supporting Foster McBath Speier Madam Speaker, just to put it out Frankel, Lois McCollum the Bush-Jones Amendment to H.R. 1. Stanton there as a reminder, we are talking Gallego McEachin Stevens about actual people. We are talking The SPEAKER pro tempore (Ms. Garamendi McGovern Strickland ´ about humanity. We are talking about CHU). Pursuant to House Resolution Garcıa (IL) McNerney Suozzi 179, the previous question is ordered on Garcia (TX) Meeks Swalwell access. We are talking about the right Golden Meng the amendment offered by the gentle- Takano to vote. These are people. I urge a Gomez Mfume Thompson (CA) ‘‘yes’’ vote. woman from Missouri (Ms. BUSH). Gonzalez, Moore (WI) Thompson (MS) Vicente Morelle The question is on the amendment. Titus Madam Speaker, I yield back the bal- Gottheimer Moulton Tlaib ance of my time. The question was taken; and the Green, Al (TX) Mrvan Tonko Speaker pro tempore announced that Grijalva Murphy (FL) Mr. STEIL. Madam Speaker, I yield Torres (CA) Haaland Nadler back the balance of my time. the ayes appear to have it. Torres (NY) Harder (CA) Napolitano Ms. JACKSON LEE. Madam Speaker, I rise Mrs. GREENE of Georgia. Madam Hastings Neal Trahan today in support of the Bush-Jones Amend- Speaker, on that I demand the yeas Hayes Neguse Trone Higgins (NY) Newman Underwood ment to H.R. 1, a critical amendment which and nays. Vargas clarifies that felony convictions do not bar any Himes Norcross The SPEAKER pro tempore. Pursu- Horsford O’Halleran Veasey eligible individual from voting in federal elec- ant to section 3(s) of House Resolution Houlahan Ocasio-Cortez Vela tions, including individuals who are currently 8, the yeas and nays are ordered. Hoyer Omar Vela´ zquez Huffman Pallone Wasserman incarcerated. Pursuant to clause 8 of rule XX, fur- Schultz This amendment seeks to reverse discrimi- Jackson Lee Panetta ther proceedings on this question are Jacobs (CA) Pappas Waters natory voter restrictions that disproportionately postponed. Jayapal Pascrell Watson Coleman Jeffries Payne Welch affect the African American voting population, AMENDMENTS EN BLOC NO. 1 OFFERED BY MS. which continues to be targeted by mass incar- Johnson (GA) Perlmutter Wexton LOFGREN OF CALIFORNIA Johnson (TX) Peters Wild ceration, police profiling, and a biased criminal The SPEAKER pro tempore. Pursu- Jones Phillips Williams (GA) justice system. ant to clause 8 of rule XX, the unfin- Kahele Pingree Wilson (FL) Voting is a right of citizenship, not a privi- ished business is the question on the Kaptur Pocan Yarmuth lege any of us earns, and should not be con- adoption of amendments en bloc No. 1, NAYS—210 nected to punishment. printed in part B of House Report 117– Felon disenfranchisement laws were crafted Aderholt Cline Gimenez 9, on which further proceedings were with the intent to disenfranchise as many Afri- Allen Cloud Gohmert postponed and on which the yeas and Amodei Clyde Gonzales, Tony can Americans as possible after the Civil War, nays were ordered. Armstrong Cole Gonzalez (OH) and today, one in every 16 African Americans Babin Comer Good (VA) The Clerk will redesignate the of voting age is disenfranchised, a rate 3.7 Bacon Crawford Gooden (TX) amendments en bloc. Baird Crenshaw Gosar times greater than that of non-African Ameri- The Clerk redesignated the amend- Balderson Curtis Granger cans. ments en bloc. Banks Davidson Graves (LA) According to PEW Research, over 10 per- Barr Davis, Rodney Graves (MO) cent of the adult population in Texas was a The SPEAKER pro tempore. The Bentz DesJarlais Green (TN) Bergman Diaz-Balart Greene (GA) felon as of 2010. question is on the amendments en bloc offered by the gentlewoman from Cali- Bice (OK) Donalds Griffith Nearly 5.2 million Americans are Biggs Duncan Grothman disenfranchised while serving time behind fornia (Ms. LOFGREN). Bilirakis Dunn Guest bars. The vote was taken by electronic de- Bishop (NC) Emmer Guthrie vice, and there were—yeas 218, nays Boebert Estes Hagedorn These Americans are full members of our Bost Fallon Harris civic life, and they have ties to their families 210, not voting 3, as follows: Brady Feenstra Harshbarger and communities, engage in robust civic life, [Roll No. 52] Brooks Ferguson Hartzler and many of them have been or will be re- Buchanan Fischbach Hern YEAS—218 Buck Fitzgerald Herrell leased back into their communities. Adams Blunt Rochester Ca´ rdenas Bucshon Fitzpatrick Herrera Beutler The white supremacists who championed Aguilar Bonamici Carson Budd Fleischmann Hice (GA) such measures were very clear on their rea- Allred Bourdeaux Cartwright Burchett Fortenberry Higgins (LA) Auchincloss Bowman Case Burgess Foxx Hill sons. Axne Boyle, Brendan Casten Calvert Franklin, C. Hinson Disenfranchising a specific group of people Barraga´ n F. Castor (FL) Cammack Scott Hollingsworth undermines democracy, and it does so with a Bass Brown Castro (TX) Carl Fulcher Hudson particular impact on people of color. Beatty Brownley Chu Carter (GA) Gaetz Huizenga In many states, state disenfranchisement Bera Bush Cicilline Carter (TX) Gallagher Issa Beyer Bustos Clark (MA) Cawthorn Garbarino Jackson laws have explicitly racist origins, and it’s time Bishop (GA) Butterfield Clarke (NY) Chabot Garcia (CA) Jacobs (NY) to put this ghost of Jim Crow behind us. Blumenauer Carbajal Cleaver Cheney Gibbs Johnson (LA)

VerDate Sep 11 2014 05:04 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00117 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.040 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H1002 CONGRESSIONAL RECORD — HOUSE March 2, 2021 Johnson (OH) Miller-Meeks Smith (NE) The vote was taken by electronic de- Kind Nehls Smith (MO) Johnson (SD) Moolenaar Smith (NJ) vice, and there were—yeas 97, nays 328, Kinzinger Newhouse Smith (NE) Jordan Mooney Smucker Kuster Norcross Smith (NJ) Joyce (OH) Moore (AL) Spartz not voting 6, as follows: Kustoff Norman Smucker Joyce (PA) Moore (UT) Stauber [Roll No. 53] LaHood Nunes Soto Katko Mullin Steel LaMalfa O’Halleran Spanberger Keller Murphy (NC) Stefanik YEAS—97 Lamb Obernolte Spartz Kelly (MS) Nehls Steil Adams Haaland Neal Lamborn Owens Speier Kelly (PA) Newhouse Langevin Palazzo Stanton Steube Barraga´ n Hastings Newman Kim (CA) Norman Larson (CT) Palmer Stauber Stewart Bass Hayes Ocasio-Cortez Kinzinger Nunes Beatty Higgins (NY) Latta Panetta Steel Kustoff Stivers Omar Obernolte Bishop (GA) Huffman LaTurner Pappas Stefanik LaHood Taylor Pallone Owens Blumenauer Jackson Lee Lawson (FL) Pascrell Steil LaMalfa Tenney Payne Palazzo Blunt Rochester Jacobs (CA) Lee (NV) Pence Steube Lamborn Thompson (PA) Pingree Palmer Bonamici Jayapal Lesko Perlmutter Stevens Latta Tiffany Pocan Pence Bowman Jeffries Levin (CA) Perry Stewart LaTurner Timmons Pressley Perry Bush Jones Long Peters Stivers Lesko Turner Price (NC) Pfluger Ca´ rdenas Kahele Loudermilk Pfluger Strickland Long Upton Posey Carson Kelly (IL) Rush Lucas Phillips Suozzi Loudermilk ´ Reed Valadao Casten Khanna Sanchez Luetkemeyer Porter Swalwell Lucas Reschenthaler Van Drew Chu Kirkpatrick Schakowsky Luria Posey Taylor Luetkemeyer Rice (SC) Van Duyne Clark (MA) Krishnamoorthi Schiff Lynch Quigley Tenney Mace Rodgers (WA) Wagner Clarke (NY) Larsen (WA) Schneider Mace Raskin Thompson (CA) Malliotakis Rogers (AL) Walberg Cleaver Lawrence Scott, David Malinowski Reed Thompson (PA) Mann Rogers (KY) Walorski Clyburn Lee (CA) Sewell Malliotakis Reschenthaler Tiffany Massie Rose Waltz Cohen Leger Fernandez Smith (WA) Maloney, Sean Rice (NY) Timmons Mast Rosendale Mann Rice (SC) Titus Weber (TX) Davis, Danny K. Levin (MI) Takano McCarthy Rouzer Manning Rodgers (WA) Torres (CA) Webster (FL) Dean Lieu Thompson (MS) McCaul Roy Massie Rogers (AL) Trahan Wenstrup DeSaulnier Lofgren McClain Tlaib Rutherford Doyle, Michael Lowenthal Mast Rogers (KY) Trone McClintock Westerman Tonko Salazar F. Maloney, McBath Rose Turner McHenry Williams (TX) Torres (NY) Scalise Escobar Carolyn B. McCarthy Rosendale Upton McKinley Wilson (SC) Underwood Schweikert Espaillat Matsui McCaul Ross Valadao Meijer Wittman Vargas Scott, Austin Evans McGovern McClain Rouzer Van Drew Meuser Womack Vela´ zquez Sessions Foster McNerney McClintock Roy Van Duyne Miller (IL) Young Wasserman Simpson Garcı´a (IL) Meeks McEachin Roybal-Allard Veasey Miller (WV) Zeldin Schultz Smith (MO) Garcia (TX) Meng McHenry Ruiz Vela Watson Coleman McKinley Ruppersberger Wagner NOT VOTING—3 Golden Mfume Gomez Moore (WI) Welch Meijer Rutherford Walberg Arrington Fudge Larson (CT) Green, Al (TX) Nadler Williams (GA) Meuser Ryan Walorski Grijalva Napolitano Wilson (FL) Miller (IL) Salazar Waltz b 1242 Miller (WV) Sarbanes Waters NAYS—328 Miller-Meeks Scalise Weber (TX) Mrs. WAGNER and Mr. JACOBS of Moolenaar Scanlon Wenstrup New York changed their vote from Aderholt Comer Gonzalez (OH) Mooney Schrader Westerman ‘‘yea’’ to ‘‘nay.’’ Aguilar Connolly Gonzalez, Moore (AL) Schrier Wexton So the en bloc amendments were Allen Cooper Vicente Moore (UT) Schweikert Wild Allred Correa Good (VA) Morelle Scott (VA) Williams (TX) agreed to. Amodei Costa Gooden (TX) Moulton Scott, Austin Wilson (SC) The result of the vote was announced Armstrong Courtney Gosar Mrvan Sherman Wittman as above recorded. Arrington Craig Gottheimer Mullin Sherrill Womack Auchincloss Crawford Granger A motion to reconsider was laid on Murphy (FL) Simpson Yarmuth Axne Crenshaw Graves (LA) Murphy (NC) Sires Young the table. Babin Crist Graves (MO) Neguse Slotkin Zeldin MEMBERS RECORDED PURSUANT TO HOUSE Bacon Crow Green (TN) Baird Cuellar Greene (GA) NOT VOTING—6 RESOLUTION 8, 117TH CONGRESS Balderson Curtis Griffith Boyle, Brendan Gallego Webster (FL) Buchanan Kirkpatrick Pascrell (Sires) Banks Davids (KS) Grothman F. McCollum (LaHood) (Stanton) Payne Barr Davidson Guest Fudge Sessions Ca´ rdenas Langevin (Wasserman Bentz Davis, Rodney Guthrie (Gomez) (Lynch) Schultz) Bera DeFazio Hagedorn DeSaulnier Lawson (FL) Pingree (Kuster) Bergman DeGette Harder (CA) b 1329 (Matsui) (Evans) Reed (LaHood) Beyer DeLauro Harris DesJarlais Lieu (Beyer) Rodgers (WA) Bice (OK) DelBene Harshbarger Messrs. CRENSHAW, PASCRELL, (Fleischmann) Lowenthal (Joyce (PA)) Biggs Delgado Hartzler KILDEE, Mrs. DINGELL, and Mr. Deutch (Rice (Beyer) Roybal-Allard Bilirakis Demings Hern (NY)) Meng (Clark Bishop (NC) MCEACHIN changed their vote from (Escobar) DesJarlais Herrell Frankel, Lois (MA)) Boebert Deutch Herrera Beutler ‘‘yea’’ to ‘‘nay.’’ Ruiz (Aguilar) (Clark (MA)) Moore (WI) Bost Diaz-Balart Hice (GA) Rush Mr. COHEN, Ms. CLARKE of New Gaetz (McHenry) (Beyer) Bourdeaux Dingell Higgins (LA) York, and Mr. NEAL changed their Grijalva (Garcı´a Moulton (Underwood) Brady Doggett Hill (IL)) (McGovern) Speier (Scanlon) Brooks Donalds Himes vote from ‘‘nay’’ to ‘‘yea.’’ Hastings Nadler (Jeffries) Thompson (MS) Brown Duncan Hinson So the amendment was rejected. (Wasserman Napolitano (Butterfield) Brownley Dunn Hollingsworth The result of the vote was announced Schultz) (Correa) Vargas (Correa) Buchanan Emmer Horsford Horsford (Kildee) Neguse Watson Coleman Buck Eshoo Houlahan as above recorded. Huffman (Perlmutter) (Pallone) Bucshon Estes Hoyer Stated for: (McNerney) Palazzo Wilson (FL) Budd Fallon Hudson Ms. McCOLLUM. Mr. Speaker, on March 2, Katko (Stefanik) (Fleischmann) (Hayes) Burchett Feenstra Huizenga 2021 I missed a vote on the Bush Amendment Burgess Ferguson Issa AMENDMENT NO. 14 OFFERED BY MS. BUSH Bustos Fischbach Jackson No. 14 to H.R. 1, the For the People Act of The SPEAKER pro tempore (Mr. Butterfield Fitzgerald Jacobs (NY) 2021 due to a classified national security brief- CARTWRIGHT). Pursuant to clause 8 of Calvert Fitzpatrick Johnson (GA) ing I was receiving. Had I been present, I Cammack Fleischmann Johnson (LA) rule XX, the unfinished business is the Carbajal Fletcher Johnson (OH) would have voted in support of Amendment question on amendment No. 14, printed Carl Fortenberry Johnson (SD) No. 14. in part B of House Report 117–9, on Carter (GA) Foxx Johnson (TX) Stated against: which further proceedings were post- Carter (TX) Frankel, Lois Jordan Mr. WEBSTER of Florida. Mr. Speaker, had Cartwright Franklin, C. Joyce (OH) poned and on which the yeas and nays Case Scott Joyce (PA) I been present, I would have voted ‘‘nay’’ on were ordered. The Clerk will redesig- Castor (FL) Fulcher Kaptur rollcall No. 53. Castro (TX) Gaetz Katko nate the amendment. MEMBERS RECORDED PURSUANT TO HOUSE Cawthorn Gallagher Keating The Clerk redesignated the amend- Chabot Garamendi Keller RESOLUTION 8, 117TH CONGRESS ment. Cheney Garbarino Kelly (MS) Buchanan DesJarlais Gaetz (McHenry) The SPEAKER pro tempore. The Cicilline Garcia (CA) Kelly (PA) (LaHood) (Fleischmann) Grijalva (Garcı´a question is on the amendment offered Cline Gibbs Kildee Ca´ rdenas Deutch (Rice (IL)) Cloud Gimenez Kilmer (Gomez) (NY)) Hastings by the gentlewoman from Missouri Clyde Gohmert Kim (CA) DeSaulnier Frankel, Lois (Wasserman (Ms. BUSH). Cole Gonzales, Tony Kim (NJ) (Matsui) (Clark (MA)) Schultz)

VerDate Sep 11 2014 05:25 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00118 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.024 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H1003 Horsford (Kildee) Moore (WI) Reed (LaHood) the States and localities that this bill The SPEAKER pro tempore. There Huffman (Beyer) Rodgers (WA) takes away; eliminate the fund to pub- are 3 minutes remaining on each side. (McNerney) Moulton (Joyce (PA)) Katko (Stefanik) (McGovern) Roybal-Allard licly finance campaigns using cor- Mr. RODNEY DAVIS of Illinois. Mr. Kirkpatrick Nadler (Jeffries) (Escobar) porate dollars and instead use that Speaker, I yield myself such time as I (Stanton) Napolitano Ruiz (Aguilar) money for pandemic relief for the may consume. (Correa) Rush Langevin American people; prevent sitting Mem- Mr. Speaker, one of the big problems (Lynch) Neguse (Underwood) (Perlmutter) Speier (Scanlon) that I see in this election arena is a bill Lawson (FL) bers of Congress’ campaigns from bene- Palazzo Thompson (MS) (Evans) fiting from this bill; protect Ameri- that 2 years ago was written with the (Fleischmann) (Butterfield) Lieu (Beyer) assistance of special interests before Pascrell (Sires) Vargas (Correa) cans’ First Amendment right, without Lowenthal Payne Watson Coleman fear of retaliation from the Federal we were even sworn in to the 116th Con- (Beyer) (Wasserman (Pallone) Government; and the list goes on and gress. It was announced and put for- Meng (Clark Schultz) Wilson (FL) (MA)) on. ward with every member of the major- Pingree (Kuster) (Hayes) Mr. Speaker, unfortunately, the ma- ity signing on as cosponsors the day we AMENDMENT NO. 19 OFFERED BY MR. RODNEY jority did not allow these amendments were all sworn in. DAVIS OF ILLINOIS to come to the floor. While I urge pas- That is not the process that the The SPEAKER pro tempore (Mr. sage of this amendment, for those rea- Democratic majority promised the BLUMENAUER). It is now in order to con- sons and many more, I urge a ‘‘no’’ American people when they gave my sider amendment No. 19 printed in part vote on the underlying legislation. colleagues the privilege to serve in this B of House Report 117–9. Mr. Speaker, I reserve the balance of majority. Mr. RODNEY DAVIS of Illinois. Mr. my time. Mr. Speaker, here we go again. It is Speaker, I have an amendment at the Ms. LOFGREN. Mr. Speaker, I rise to like Groundhog Day. Instead of intro- desk. oppose the amendment. ducing the same bill, they made some The SPEAKER pro tempore. The The SPEAKER pro tempore. The gen- changes, which is great. Still, this is a Clerk will designate the amendment. tlewoman from California is recognized problem of the nationalization of our The text of the amendment is as fol- for 5 minutes. elections. Also, it limits free speech. lows: Ms. LOFGREN. Mr. Speaker, I yield There was no negotiation with us, no Strike subtitle C of title III. myself such time as I may consume. markup in our committee, no ability The SPEAKER pro tempore. Pursu- Mr. Speaker, this amendment would for us to have a voice. ant to House Resolution 179, the gen- strike subtitle C of title III, the elec- Mr. Speaker, to top it off, none of us tleman from Illinois (Mr. RODNEY tion security title in H.R. 1, which re- in the minority want any campaign DAVIS) and a Member opposed each will quires the President to produce a na- dollars coming from corporations that control 5 minutes. tional strategy for protecting U.S. are then laundered and then made into The Chair recognizes the gentleman democratic institutions. It also creates public funds through the Federal Gov- from Illinois. a national commission to protect ernment and then put in their own Mr. RODNEY DAVIS of Illinois. Mr. United States democratic institutions campaigns. We don’t want one dollar, Speaker, I yield myself such time as I to counter threats. let alone the limit now of $7.2 million may consume. In light of the evidence of foreign in- that each and every person in this in- Mr. Speaker, the need for this terference in the 2016, 2018, and 2020 stitution would be eligible to get into amendment is another example of this Federal elections, the Federal Govern- our own campaigns. That is not cam- bill not being updated from last year. ment needs a coordinated approach to paign finance reform. That is not what We have made huge efforts on cyber protect and secure our democracy. my constituents want. That is the fur- issues and successfully had an election While our election infrastructure offi- thest thing from what the minority year this year with no foreign inter- cials have said that the 2020 election wants. ference. This is in large part due to the was the most secure in history, we Mr. Speaker, I reserve the balance of efforts of DHS and the Election Assist- know it is not because our foreign ad- my time. ance Commission. I even took part this versaries are no longer attempting to Ms. LOFGREN. Mr. Speaker, I will summer in a tabletop exercise to pre- interfere in our elections. They will just note that I oppose this amend- pare for cyberattacks. continue their efforts, and we must ment. I will wait until the next amend- Mr. Speaker, if we had considered take steps to ensure our elections con- ment to go into the underlying bill. I this bill in committee, we could have tinue to be secure. think much of what has been said this talked about our success in this area This provision in H.R. 1 is important morning and this afternoon is simply during the last election. This is an- to that endeavor. The national strat- incorrect. other example of the Democrats not egy will provide guidance on how to Mr. Speaker, I yield back the balance knowing what is in their legislation protect against cyberattacks, influence of my time. and rolling out their standard bill operations, disinformation campaigns, Mr. RODNEY DAVIS of Illinois. Mr. without a thoughtful review. and other activities that could under- Speaker, I urge a ‘‘yes’’ vote on this Absolutely no one wants foreign in- mine the security and integrity of amendment. It is a commonsense terference in our elections. United States democratic institutions. amendment that is going to protect the Mr. Speaker, absolutely no one wants The purpose of the national commis- bipartisan work that our officials have foreign interference in our elections, sion to protect the United States done to protect Americans’ elections but the last thing we need to do is cre- democratic institutions is to counter and address cybersecurity issues and ate a commission with another layer of efforts to undermine democratic insti- foreign interference. bureaucracy when we have programs in tutions within the United States. The Mr. Speaker, I yield back the balance place that have been successful for our national strategy and commission will of my time. local election officials. It is because of be important to protecting the integ- The SPEAKER pro tempore. Pursu- some great work by CISA that we rity of our elections and preventing ant to House Resolution 179, the pre- should be recognized. foreign interference in our democracy. vious question is ordered on the Mr. Speaker, finally, this amendment Mr. Speaker, we must stay vigilant. amendment offered by the gentleman would violate separation of powers and Our enemies are not resting, and nei- from Illinois (Mr. RODNEY DAVIS). attempt to control the judicial branch, ther are we. This provision is an impor- The question is on the amendment. threatening our independent courts. It tant part of the bill. The question was taken; and the is disappointing that this is the only Mr. Speaker, I urge my colleagues to Speaker pro tempore announced that amendment of mine and the other Re- vote ‘‘no’’ on the amendment from the the noes appear to have it. publican members of the committee gentleman from Illinois. I reserve the Ms. LOFGREN. Mr. Speaker, on that that the majority Democrats allowed balance of my time. I demand the yeas and nays. The through. Mr. RODNEY DAVIS of Illinois. May SPEAKER pro tempore. Pursuant to We submitted 25 amendments to re- I inquire as to how much time I have section 3(s) of House Resolution 8, the store the ability to run our elections to remaining. yeas and nays are ordered.

VerDate Sep 11 2014 05:25 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00119 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.033 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H1004 CONGRESSIONAL RECORD — HOUSE March 2, 2021 Pursuant to clause 8 of rule XX, fur- (a) DUTIES OF ELECTION ASSISTANCE COM- (b) STUDY OF METHODS TO ENFORCE FAIR ther proceedings on this question are MISSION.—Section 202 of the Help America AND EQUITABLE WAITING TIMES.— postponed. Vote Act of 2002 (52 U.S.C. 20922) is amend- (1) STUDY.—The Election Assistance Com- ed— mission and the Comptroller General of the AMENDMENTS EN BLOC NO. 3 OFFERED BY MS. (1) in the matter preceding paragraph (1), United States shall conduct a joint study of LOFGREN OF CALIFORNIA by striking ‘‘by’’ and inserting ‘‘and the se- the effectiveness of various methods of en- Ms. LOFGREN. Pursuant to House curity of election infrastructure by’’; and forcing the requirements of section 310(a) of Resolution 179, I rise to offer amend- (2) by striking the semicolon at the end of the Help America Vote Act of 2002, as added ments en bloc. paragraph (1) and inserting the following: ‘‘, by subsection (a), including methods of best The SPEAKER pro tempore. The and the development, maintenance and dis- allocating resources to jurisdictions which Clerk will designate the amendments semination of cybersecurity guidelines to have had the most difficulty in providing a en bloc. identify vulnerabilities that could lead to, fair and equitable waiting time at polling places to all voters, and to communities of Amendments en bloc No. 3 consisting protect against, detect, respond to and re- cover from cybersecurity incidents;’’. color in particular. of amendment Nos. 22, 23, 24, 25, 26, 27, Page 364, insert after line 24 the following: (2) REPORT.—Not later than 18 months 29, 30, 31, 32, 33, 34, 35, 36, and 38, print- (g) SENIOR CYBER POLICY ADVISOR.—Sec- after the date of the enactment of this Act, ed in part B of House Report 117–9, of- tion 204(a) of such Act (52 U.S.C. 20924(a)) is the Election Assistance Commission and the fered by Ms. LOFGREN of California: amended— Comptroller General of the United States shall publish and submit to Congress a re- AMENDMENT NO. 22 OFFERED BY MR. GALLEGO (1) by redesignating paragraphs (5) and (6) port on the study conducted under paragraph OF ARIZONA as paragraphs (6) and (7); and (2) by inserting after paragraph (4) the fol- (1). Page 264, after line 20, insert the following lowing new paragraph: AMENDMENT NO. 32 OFFERED BY MR. PHILLIPS new section (and redesignate the succeeding ‘‘(5) SENIOR CYBER POLICY ADVISOR.—The OF MINNESOTA section accordingly): Commission shall have a Senior Cyber Pol- Page 266, insert after line 5 the following SEC. 1933. AUTHORIZING PAYMENTS TO VOTING icy Advisor, who shall be appointed by the (and redesignate the succeeding provision ac- ACCESSIBILITY PROTECTION AND Commission and who shall serve under the ADVOCACY SYSTEMS SERVING THE cordingly): AMERICAN INDIAN CONSORTIUM. Executive Director, and who shall be the pri- PART 5—VOTER NOTICE mary policy advisor to the Commission on (a) RECIPIENTS DEFINED.—Section 291 of the SEC. 1941. SHORT TITLE. matters of cybersecurity for Federal elec- Help America Vote Act of 2002 (52 U.S.C. This part may be cited as the ‘‘Voter Noti- tions.’’. 21061) is amended— fication of Timely Information about (1) by redesignating subsection (c) as sub- AMENDMENT NO. 26 OFFERED BY MRS. LAWRENCE Changes in Elections Act’’ or the ‘‘Voter No- section (d); and OF MICHIGAN tice Act’’. (2) by inserting after subsection (b) the fol- Page 192, line 10, strike ‘‘materials’’ and in- SEC. 1942. PUBLIC EDUCATION CAMPAIGNS IN lowing new subsection: sert ‘‘materials; restrictions on operational EVENT OF CHANGES IN ELECTIONS ‘‘(c) AMERICAN INDIAN CONSORTIUM ELIGI- changes prior to elections’’. IN RESPONSE TO EMERGENCIES. BILITY.—A system serving the American In- Page 192, insert after line 15 the following (a) REQUIREMENT FOR ELECTION OFFICIALS dian Consortium for which funds have been (and redesignate the succeeding provisions TO CONDUCT CAMPAIGNS.—Section 302 of the reserved under section 509(c)(1)(B) of the Re- accordingly): Help America Vote Act of 2002 (52 U.S.C. habilitation Act of 1973 (29 U.S.C. ‘‘(b) During the 120-day period which ends 21082), as amended by section 1601(a) and sec- 794e(c)(1)(B)) shall be eligible for payments on the date of an election for Federal office, tion 1901(a), is amended— under subsection (a) in the same manner as the Postal Service may not carry out any (1) by redesignating subsection (g) as sub- a protection and advocacy system of a new operational change that would restrict section (h); and State.’’. the prompt and reliable delivery of voting (2) by inserting after subsection (f) the fol- (b) GRANT MINIMUMS FOR AMERICAN INDIAN materials with respect to the election, in- lowing new subsection: CONSORTIUM.—Section 291(b) of such Act (52 cluding voter registration applications, ab- ‘‘(g) PUBLIC EDUCATION CAMPAIGNS IN U.S.C. 21061(b)) is amended— sentee ballot applications, and absentee bal- EVENT OF CHANGES IN ELECTIONS IN RESPONSE (1) by inserting ‘‘(c)(1)(B),’’ after ‘‘as set lots. This paragraph applies to operational TO EMERGENCIES.— forth in subsections’’; and changes which include removing or elimi- ‘‘(1) REQUIREMENT.—If the administration (2) by striking ‘‘subsections (c)(3)(B) and nating any mail collection box without im- of an election for Federal office, including (c)(4)(B) of that section shall be not less than mediately replacing it, and removing, de- the methods of voting or registering to vote in the election, is changed in response to an $70,000 and $35,000, respectively’’ and insert- commissioning, or any other form of stop- emergency affecting public health and safe- ing ‘‘subsection (c)(3)(B) shall not be less ping the operation of mail sorting machines, ty, the appropriate State or local election of- than $70,000, and the amount of the grants to other than for routine maintenance.’’. ficial shall conduct a public education cam- systems referred to in subsections (c)(1)(B) AMENDMENT NO. 27 OFFERED BY MRS. LAWRENCE paign through at least one direct mailing to and (c)(4)(B) shall not be less than $35,000’’. OF MICHIGAN each individual who is registered to vote in (c) EFFECTIVE DATE.—The amendments Page 192, after line 15, insert the following the election, and through additional direct made by this section shall take effect at the (and redesignate subsection (b) as subsection mailings, newspaper advertisements, broad- start of the first fiscal year following the (c)): casting (including through television, radio, date of enactment of this Act. ‘‘(b) The Postal Service shall appoint an satellite, and the Internet), and social media, AMENDMENT NO. 23 OFFERED BY MR. GRIJALVA Election Mail Coordinator in every Postal to notify individuals who are eligible to vote OF ARIZONA Area and District to facilitate relevant infor- or to register to vote in the election of the Page 84, after line 10, insert the following: mation sharing with State, territorial, local, changes. (7) The number of individuals who were and tribal election officials in regards to the ‘‘(2) FREQUENCY AND METHODS OF PROVIDING purged from the official voter registration mailing of voter registration applications, INFORMATION.—The election official shall list or moved to inactive status, broken absentee ballot applications, and absentee carry out the public education campaign down by the reason for those actions, includ- ballots.’’. under this subsection at such frequency, and ing the method used for identifying those AMENDMENT NO. 29 OFFERED BY MR. LEVIN OF using such methods, as will have the great- voters. MICHIGAN est likelihood of providing timely knowledge AMENDMENT NO. 24 OFFERED BY MR. GRIJALVA Page 745, on line 9 strike ‘‘and’’, and after of the change in the administration of the OF ARIZONA line 15, insert the following new clause: election to those individuals who will be most adversely affected by the change. Page 164, line 14, after the period insert the ‘‘(v) a chief of mission (as defined in sec- ‘‘(3) LANGUAGE ACCESSIBILITY.—In the case following: ‘‘The notice shall take into con- tion 102(a)(3) of the Foreign Service Act of of a State or political subdivision that is a sideration factors including the linguistic 1980); and’’. covered State or political subdivision under AMENDMENT NO. 30 OFFERED BY MRS. LURIA OF preferences of voters in the jurisdiction.’’. section 203 of the Voting Rights Act of 1965 Page 225, line 4, insert before the period VIRGINIA (52 U.S.C. 10503), the appropriate election of- the following: ‘‘, taking into consideration Page 583, insert after line 14 the following ficial shall ensure that the information dis- factors which include the linguistic pref- (and redesignate the succeeding provision ac- seminated under a public education cam- erences of voters in the jurisdiction.’’. cordingly): paign conducted under this subsection is pro- Page 225, line 13, insert before the colon ‘‘(e) NO TAXPAYER FUNDS PERMITTED.—No vided in the language of the applicable mi- the following: ‘‘, taking into consideration taxpayer funds may be deposited into the nority group as well as in the English lan- factors which include the linguistic pref- Fund.’’. guage, as required by section 203 of such Act. erences of voters in the jurisdiction.’’. AMENDMENT NO. 31 OFFERED BY MS. MANNING ‘‘(4) EFFECTIVE DATE.—This subsection AMENDMENT NO. 25 OFFERED BY MR. LANGEVIN OF NORTH CAROLINA shall apply with respect to the regularly OF RHODE ISLAND Page 248, insert after line 15 the following scheduled general election for Federal office Page 361, strike lines 6 through 10 and in- (and redesignate the succeeding provision ac- held in November 2020 and each succeeding sert the following: cordingly): election for Federal office.’’.

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(b) CONFORMING AMENDMENT RELATING TO SEC. 1944. PAYMENTS BY ELECTION ASSISTANCE the end of the items relating to title IX the EFFECTIVE DATE.—Section 302(h) of such Act COMMISSION TO STATES FOR COSTS following: OF COMPLIANCE. (52 U.S.C. 21082(h)), as redesignated by sub- ‘‘Sec. 907. Payments for costs of compliance section (a) and as amended by section 1601(b) (b) AVAILABILITY OF PAYMENTS.—Title IX of the Help America Vote Act of 2002 (52 with certain requirements re- and section 1901(b), is amended by striking lating to public notification’’. ‘‘and (f)(4)’’ and inserting ‘‘(f)(4), and (g)(4)’’. U.S.C. 21141 et seq.) is amended by adding at the end the following new section: AMENDMENT NO. 33 OFFERED BY MS. PLASKETT SEC. 1943. REQUIREMENTS FOR WEBSITES OF ‘‘SEC. 907. PAYMENTS FOR COSTS OF COMPLI- OF VIRGIN ISLANDS ELECTION OFFICIALS. ANCE WITH CERTAIN REQUIRE- Page 262, line 20, strike ‘‘LAWS TO COMMON- (a) REQUIREMENTS.—Subtitle A of title III MENTS RELATING TO PUBLIC NOTI- ’’ and of the Help America Vote Act of 2002 (52 FICATION. WEALTH OF NORTHERN MARIANA ISLANDS insert ‘‘FEDERAL ELECTION ADMINISTRATION U.S.C. 21081 et seq.), as amended by section ‘‘(a) PAYMENTS.— ’’. 1031(a), section 1101(a), section 1611(a), sec- ‘‘(1) AVAILABILITY AND USE OF PAYMENTS.— LAWS TO TERRITORIES OF THE UNITED STATES Page 263, line 1, strike ‘‘and’’ and insert tion 1621(a), section 1622(a), section 1623(a), The Commission shall make a payment to the following: ‘‘the Commonwealth of Puerto section 1906(a), section 1907(a), and 1908(a), is each eligible State to cover the costs the Rico, Guam, American Samoa, the United amended— State incurs or expects to incur in meeting States Virgin Islands, and’’. (1) by redesignating sections 313 and 314 as the requirements of section 302(g) (relating sections 314 and 315; and to public education campaigns in event of AMENDMENT NO. 34 OFFERED BY MS. PLASKETT (2) by inserting after section 312 the fol- changes in elections in response to emer- OF VIRGIN ISLANDS lowing new section: gencies) and section 313 (relating to require- Page 264, insert before line 21 the following ments for the websites of election officials). ‘‘SEC. 313. REQUIREMENTS FOR WEBSITES OF (and redesignate the succeeding provision ac- ELECTION OFFICIALS. ‘‘(2) SCHEDULE OF PAYMENTS.—As soon as cordingly): practicable after the date of the enactment ‘‘(a) ACCESSIBILITY.—Each State and local SEC. 1933. APPLICATION OF FEDERAL VOTER of this section, and not less frequently than election official shall ensure that the official PROTECTION LAWS TO TERRITORIES once each calendar year thereafter, the Com- OF THE UNITED STATES. public website of the official is fully acces- mission shall make payments under this sec- (a) INTIMIDATION OF VOTERS.—Section 594 of sible for individuals with disabilities, includ- tion. ing the blind and visually impaired, in a title 18, United States Code, is amended by ‘‘(3) ADMINISTRATION OF PAYMENTS.—The striking ‘‘Delegate from the District of Co- manner that provides the same opportunity chief State election official of the State lumbia, or Resident Commissioner,’’ and in- for access and participation as the website shall receive the payment made to a State serting ‘‘or Delegate or Resident Commis- provides for other individuals. under this section, and may use the payment sioner to the Congress’’. ‘‘(b) CONTINUING OPERATION IN CASE OF for the purposes set forth in this section (b) INTERFERENCE BY GOVERNMENT EMPLOY- EMERGENCIES.— without intervening action by the legisla- EES.—Section 595 of title 18, United States ‘‘(1) ESTABLISHMENT OF BEST PRACTICES.— ture of the State. ‘‘(A) IN GENERAL.—The Director of the Na- ‘‘(b) AMOUNT OF PAYMENT.— Code, is amended by striking ‘‘Delegate from tional Institute of Standards and Technology ‘‘(1) IN GENERAL.—The amount of a pay- the District of Columbia, or Resident Com- shall establish and regularly update best ment made to an eligible State for a year missioner,’’ and inserting ‘‘or Delegate or practices for ensuring the continuing oper- under this section shall be determined by the Resident Commissioner to the Congress’’. ation of the official public websites of State Commission on the basis of the information (c) VOTING BY NONCITIZENS.—Section 611(a) and local election officials during emer- provided by the State in its application of title 18, United States Code, is amended by gencies affecting public health and safety. under subsection (c). striking ‘‘Delegate from the District of Co- ‘‘(B) DEADLINE.—The Director shall first ‘‘(2) CONTINUING AVAILABILITY OF FUNDS lumbia, or Resident Commissioner,’’ and in- establish the best practices required under AFTER APPROPRIATION.—A payment made to serting ‘‘or Delegate or Resident Commis- this paragraph as soon as practicable after an eligible State under this section shall be sioner to the Congress’’. the date of the enactment of this section, available without fiscal year limitation. AMENDMENT NO. 35 OFFERED BY MS. PLASKETT but in no case later than August 15, 2021. ‘‘(c) REQUIREMENTS FOR ELIGIBILITY.— OF VIRGIN ISLANDS ‘‘(2) REQUIRING WEBSITES TO MEET BEST ‘‘(1) APPLICATION.—Each State that desires Page 264, insert before line 21 the following PRACTICES.—Each State and local election of- to receive a payment under this section for a (and redesignate the succeeding provision ac- ficial shall ensure that the official public fiscal year shall submit an application for cordingly): website of the official is in compliance with the payment to the Commission at such time the best practices established by the Direc- and in such manner and containing such in- SEC. 1933. PLACEMENT OF STATUES OF CITIZENS OF TERRITORIES OF THE UNITED tor of the National Institute of Standards formation as the Commission shall require. STATES IN STATUARY HALL. and Technology under paragraph (2). ‘‘(2) CONTENTS OF APPLICATION.—Each ap- (a) IN GENERAL.—Section 1814 of the Re- ‘‘(c) EFFECTIVE DATE.—This section shall plication submitted under paragraph (1) vised Statutes of the United States (2 U.S.C. apply with respect to the regularly scheduled shall— 2131) is amended by adding at the end the fol- general election for Federal office held in ‘‘(A) describe the activities for which as- lowing new sentence: ‘‘For purposes of this November 2020 and each succeeding election sistance under this section is sought; and section, the term ‘State’ includes American for Federal office.’’. ‘‘(B) provide an estimate of the costs the Samoa, Guam, the Commonwealth of the (b) CONFORMING AMENDMENT RELATING TO State has incurred or expects to incur in car- Northern Mariana Islands, the Common- ADOPTION OF VOLUNTARY GUIDANCE BY ELEC- rying out the provisions described in sub- wealth of Puerto Rico, and the United States TION ASSISTANCE COMMISSION.—Section 321(b) section (a), together with such additional in- Virgin Islands, and the term ‘citizen’ in- of such Act (52 U.S.C. 21101(b)), as redesig- formation and certifications as the Commis- cludes a national of the United States, as de- nated and amended by section 1101(b) and sion determines to be essential to ensure fined in section 101(a)(22) of the Immigration section 1611(b), is amended— compliance with the requirements of this and Nationality Act (8 U.S.C. 1101(a)(22)).’’. section. (1) by striking ‘‘and’’ at the end of para- (b) CONFORMING AMENDMENT RELATING TO graph (4); ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated for PROCEDURES FOR REPLACEMENT OF STAT- (2) by striking the period at the end of UES.—Section 311 of the Legislative Branch paragraph (5) and inserting ‘‘; and’’; and payments under this section such sums as may be necessary for each of the fiscal years Appropriations Act, 2001 (2 U.S.C. 2132) is (3) by adding at the end the following new amended by adding at the end the following paragraph: 2022 through 2025. ‘‘(e) REPORTS.— new subsection: ‘‘(6) in the case of the recommendations ‘‘(1) REPORTS BY RECIPIENTS.—Not later ‘‘(f) For purposes of this section, the term with respect to section 304, as soon as prac- than the 6 months after the end of each fis- ‘State’ includes American Samoa, Guam, the ticable after the date of the enactment of cal year for which an eligible State received Commonwealth of the Northern Mariana Is- this paragraph, but in no case later than Au- a payment under this section, the State shall lands, the Commonwealth of Puerto Rico, gust 15, 2021.’’. submit a report to the Commission on the and the United States Virgin Islands.’’. (c) CLERICAL AMENDMENT.—The table of activities conducted with the funds provided AMENDMENT NO. 36 OFFERED BY MS. PLASKETT contents of such Act, as amended by section during the year. OF VIRGIN ISLANDS 1031(c), section 1101(d), section 1611(c), sec- ‘‘(2) REPORTS BY COMMISSION TO COMMIT- tion 1621(c), section 1622(c), section 1623(a), Page 77, line 18, strike ‘‘States and the Dis- TEES.—With respect to each fiscal year for section 1906(b), section 1907(b), and section trict of Columbia’’ and insert ‘‘States, the which the Commission makes payments 1908(b), is amended— District of Columbia, the Commonwealth of under this section, the Commission shall (1) by redesignating the items relating to Puerto Rico, the United States Virgin Is- submit a report on the activities carried out sections 313 and 314 as relating to sections lands, Guam, American Samoa, and the Com- under this part to the Committee on House 314 and 315; and monwealth of the Northern Mariana Is- Administration of the House of Representa- (2) by inserting after the item relating to lands’’. tives and the Committee on Rules and Ad- section 312 the following new item: ministration of the Senate.’’. AMENDMENT NO. 38 OFFERED BY MR. SCHNEIDER ‘‘Sec. 313. Requirements for websites of elec- (c) CLERICAL AMENDMENT.—The table of OF ILLINOIS tion officials.’’. contents of such Act is amended by adding at Page 459, insert after line 22 the following:

VerDate Sep 11 2014 05:25 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00121 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.040 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H1006 CONGRESSIONAL RECORD — HOUSE March 2, 2021 PART 4—DISCLOSURE OF CONTRIBU- Cyberspace Solarium Commission to fraud, and to ensure that only legal TIONS TO POLITICAL COMMITTEES IM- ensure the security of our elections and votes were counted. Our goal in Iowa MEDIATELY PRIOR TO ELECTION resilience of our democracy by creating was to make it easy to vote and hard to SEC. 4131. DISCLOSURE OF CONTRIBUTIONS TO the position of a senior cyber policy ad- cheat, and we succeeded in doing that. POLITICAL COMMITTEES IMME- viser at the Election Assistance Com- But H.R. 1 would overrule those ef- DIATELY PRIOR TO ELECTION. forts, and it would force Washington’s (a) DISCLOSURE.—Section 304(a)(6) of the mission. Federal Election Campaign Act of 1971 (52 An amendment from the gentle- one-size-fits-all policy and voting prac- U.S.C. 30104(a)(6)) is amended— women from Virginia and Florida pro- tices on Iowans. H.R. 1 would also send (1) by redesignating subparagraphs (D) and hibits taxpayer funds from being added taxpayer dollars directly to political (E) as subparagraphs (E) and (F); and into the freedom from influence fund. candidates. That is right. The Federal (2) by inserting after subparagraph (C) the During the 2020 election, Postmaster Government would send your money to following new subparagraph: General DeJoy implemented sudden fill the campaign coffers of a politician ‘‘(D)(i) A political committee, including a operational changes that disrupted you might not even agree with. super PAC, shall notify the Commission of This bill would take authority away any contribution or donation of more than timely mail services and the delivery of absentee ballots. An amendment in from Iowans to run their own elections $5,000 received by the committee during the while Democrats here in Congress are period beginning on the 20th day before any this bloc from the gentlewoman from election in connection with which the com- Michigan ensures that can never hap- also laying the groundwork to overturn mittee makes a contribution or expenditure pen again by prohibiting operational the official election results in Iowa’s and ending 48 hours before such an election. changes at the Postal Service for 120 Second Congressional District, where ‘‘(ii) The committee shall make the notifi- days before a Federal election. the votes have been counted, re- cation under clause (i) not later than 48 This bloc of amendments also in- counted, and certified for Congress- hours after the receipt of the contribution or cludes an amendment from the gen- woman MARIANNETTE MILLER-MEEKS. donation involved, and shall include the Our Constitution is clear, States de- name of the committee, the name of the per- tleman and gentlewoman from Min- nesota that requires State election of- termine elections, not Congress. son making the contribution or donation, H.R. 1 will harm and it will not pro- ficials to undertake accessible public and the date and amount of the contribution tect the integrity of our elections. Mr. or donation. education campaigns to inform voters Speaker, I urge my colleagues in this ‘‘(iii) For purposes of this subparagraph, a of any changes to election processes pledge, promise, understanding, or agree- body to vote ‘‘no’’ on this bill. made in response to public emer- Ms. LOFGREN. Mr. Speaker, I yield ment to make a contribution or expenditure gencies. with respect to an election shall be treated 11⁄2 minutes to the gentlewoman from as the making of a contribution or expendi- b 1345 Texas (Ms. JACKSON LEE), my colleague ture with respect to the election. Finally, it includes four amendments in the Judiciary Committee. ‘‘(iv) This subparagraph does not apply to Ms. JACKSON LEE. Mr. Speaker, I from the gentlewoman from the Virgin an authorized committee of a candidate or thank the gentlewoman from Cali- Islands. One of these amendments ap- any committee of a political party. fornia, the chair of the Committee on plies Federal voter protection laws to ‘‘(v) In this subparagraph, the term ‘super House Administration, for the work the territories, including protection PAC’ means a political committee which ac- that she has done. cepts donations or contributions that do not against voter intimidation, inter- It is interesting to hear a speech by comply with the limitations, prohibitions, ference, and voting by aliens in Federal and reporting requirements of this Act, and the former President, following in his elections in the territory; that would tradition of denial of a fair election, includes an account of such a committee be noncitizens. which is established for the purpose of ac- but announcing that he believes that cepting such donations or contributions.’’. Another of these amendments per- there should be only 1 day for an elec- (b) EFFECTIVE DATE.—The amendment mits each of the territories to provide tion to take place, denying essential made by subsection (a) shall apply with re- and furnish statues in Statuary Hall. workers, not recognizing the disaster spect to elections occurring during 2022 or That is an important amendment that of COVID–19, denying rural voters and any succeeding year. allows each of the territories represen- minority voters the opportunity in The SPEAKER pro tempore. Pursu- tation among the statues in the Halls some stressful time to be able to vote. ant to House Resolution 179, the gen- of Congress. These amendments rep- H.R. 1 considers all factors in ensur- tlewoman from California (Ms. LOF- resent long, overdue recognition of im- ing the empowerment of all voters in GREN) and the gentleman from Illinois portant contributions of the terri- this Nation. The United Methodist (Mr. RODNEY DAVIS) each will control tories. Church offered these words, ‘‘We hold 10 minutes. Mr. Speaker, I support these amend- governments responsible for the pro- The Chair recognizes the gentle- ments, and I urge their adoption, and I tection of the rights of the people to woman from California. reserve the balance of my time, free and fair elections . . . the form Ms. LOFGREN. Mr. Speaker, I yield Mr. RODNEY DAVIS of Illinois. Mr. and the leaders of all governments myself such time as I may consume. Speaker, I rise in opposition at this should be determined by exercise of the Mr. Speaker, this bloc of amend- point in time. right to vote guaranteed to all adult ments provides important additions to Mr. Speaker, I yield 2 minutes to the citizens.’’ the bill. gentlewoman from Iowa (Mrs. HINSON), This legislation recognizes that and Among the amendments in the bloc another star of the historic diverse recognizes that the dark days of 4 is an amendment from the gentleman class of new freshmen. years ago of voter suppression and op- from Arizona that promotes language Mrs. HINSON. Mr. Speaker, I rise position to minorities voting, the lack accessibility for voting and ensures today in opposition to H.R. 1. of empowerment, are over with in H.R. that notices at polling locations take The 2020 election and its aftermath 1. And I want to support amendments into consideration factors including were chaotic and harmful to our de- 22 and 23, to ensure that individuals the languages spoken in the jurisdic- mocracy. We should be working hard in with disabilities can vote. tion. this Chamber in a bipartisan way to re- I want to make sure that young peo- An amendment from the gentleman store faith in our electoral process. ple on college campuses are not dis- from Arizona and the gentlewoman I have heard my colleagues across criminated against, as they have been from New Mexico improves voting ac- the aisle say that this bill would help in my community with polling places cess for individuals with disabilities in to transform our elections. They are that they have had to stand in long the Four Corners region of Arizona, certainly right about that. H.R. 1 is the lines. New Mexico, Colorado, and Utah by largest expansion of the Federal Gov- I want to make sure as well that making technical fixes to the Protec- ernment’s role in our elections, ever. women are protected in privacy with tion and Advocacy for Voting Access It would take away States’ constitu- making sure that their addresses are provisions. tional authority to run their own elec- not printed so that they will not be An amendment from the gentlemen tions. When I was in the Iowa State subjected to assault, sexual assault, from Rhode Island and Wisconsin im- House, we worked hard to secure our and violation of privacy. H.R. 1 pro- plements a recommendation of the election system, to safeguard against vides an opportunity for justice and

VerDate Sep 11 2014 05:25 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00122 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.030 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H1007 the right way to vote, I ask for the rec- The SPEAKER pro tempore. The gen- going to eliminate foreign interference ognition of that. tleman from Illinois has 61⁄2 minutes with our bill. They have been preach- Mr. RODNEY DAVIS of Illinois. Mr. remaining and the gentlewoman from ing on it for years. There was the Speaker, I yield 11⁄2 minutes to the gen- California has 5 minutes remaining. whole Russia hoax, all these other tleman from Georgia (Mr. HICE), the Mr. RODNEY DAVIS of Illinois. Mr. things. It turns out there hasn’t been subcommittee chair that has oversight Speaker, I yield 1 minute to the gentle- foreign interference, but the friends of elections on the Oversight Com- woman from Tennessee (Mrs. across the aisle were not serious, and mittee. HARSHBARGER), a member of this his- are not serious with this bill about Mr. HICE of Georgia. Mr. Speaker, toric freshman class. eliminating all foreign interference. listen, the American people expect and Mrs. HARSHBARGER. Mr. Speaker, I In fact, that is why I filed an amend- deserve free and fair elections. They rise in opposition to H.R. 1 today. ment that would have addressed that. deserve to have one legal vote cast and Despite its name, this act is not for They got loopholes big enough to drive one legal vote counted, but H.R. 1 turns the people. It is for the politicians several trucks through. So we took all of our election process upside down. seeking power. care of it in my amendment. My It upends our entire election system. East Tennesseans and Americans amendment says, ‘‘Each State shall en- Why are we doing this? want election reform that increases the sure that no foreign entity carries out As my friend mentioned, on the Over- security and integrity of our election, any role in the administration of elec- sight Committee, the entire year last and they are demanding it. Instead, tions for Federal office in the State, in- year in Oversight, my colleagues on this bill erodes the public confidence in cluding providing, maintaining, pro- the other side of the aisle tried to push our elections. This bill picks D.C. bu- gramming, operating, storing, or com- H.R. 1 because of COVID, and we saw reaucrats over State and local officials, piling any of the equipment, software, what that did in our elections this past and it uses hard-earned tax dollars to supplies, or information used in the ad- year, it totally created chaos. But now fund political campaigns by a 6-to-1 ministration of the election. we want to nationalize it. fund-matching provision. Now, let me ‘‘A nonprofit organization may not The worst thing in the world that can repeat that. It is a 6-to-1 fund-match- carry out any activities related to vot- happen is for the Federal Government ing provision. ing or elections for public office in a to nationalize our election system. I am sure my fellow east Tennesseans State if the organization accepts any Part of what is in here is universal agree this is a waste of money. funds from a foreign entity.’’ mail-in ballots to everyone on the Wouldn’t you rather have our tax And then it defines foreign entity, voter registration files. What a dis- dollars used to fund measures to safely where it covers everybody and every- aster. We know those files are probably open schools or to expand critical ac- thing that is not American. 10 percent inaccurate. So we are going cess to rural broadband? b 1400 to have millions of illegal voters re- These are the priorities we need to ceive live ballots. Then there is zero fund, not political power grabs and So we have got this amendment that voter ID associated with this. public financing of our own political would completely plug the loopholes Why in the world would we want no campaigns. that the Democrats have so that for- voter ID, unless this is some sort of Mr. Speaker, I oppose, and I urge my eigners can’t continue to influence the scheme to give illegal voters the oppor- colleagues to oppose H.R. 1. election. tunity to vote without any proof of Ms. LOFGREN. Mr. Speaker, I yield 1 And what do they do? who they are, that they are legal? minute to the gentleman from Michi- They say: This is an absolute disaster, and bal- gan (Mr. LEVIN). Your amendment, we don’t want it. lot harvesting is a part of this, re- Mr. LEVIN of Michigan. Mr. Speaker, It is not in order. We are not even stricting the right of States to run Americans want to know that govern- going to give you a vote on it. their own elections. ment officials don’t have conflicts of They are not serious about elimi- Mr. Speaker, I urge a ‘‘no’’ vote on interest swaying their decisions. nating foreign interference, and that is this. For example, did they fundraise from a shame. Ms. LOFGREN. Mr. Speaker, I yield 1 an industry that they will regulate? Ms. LOFGREN. Mr. Speaker, may I minute to the gentlewoman from Might they take it easy on that indus- ask how much time is remaining? Michigan (Mrs. LAWRENCE). try as a result? The SPEAKER pro tempore. The gen- Mrs. LAWRENCE. Mr. Speaker, I rise H.R. 1 requires high-level officials to tlewoman from California has 4 min- today in support of my amendments, 26 disclose if they have solicited or made utes remaining. The gentleman from and 27, to H.R. 1. The Postal Service political contributions to PACs, polit- Illinois has 31⁄2 minutes remaining. has been an essential service for the ical nonprofits, or industry trade asso- Ms. LOFGREN. Mr. Speaker, I yield 1 American people for centuries, written ciations. I thank Congressman DEUTCH minute to the gentlewoman from North into our Constitution. And as we take for authoring this provision. Carolina (Ms. MANNING). steps to expand voting by mail, we My amendment expands this piece to Ms. MANNING. Mr. Speaker, I rise to must ensure that the Postal Service is cover chiefs of mission to ensure that speak in support of my amendment, not weaponized to restrict its mission officials representing our country which would bolster the mandate that to promptly and effectively deliver abroad, such as ambassadors, are free no voter be forced to wait longer than mail. from conflicts of interest, too. We 30 minutes to cast their ballot. My first amendment would require should feel confident that people en- In my home State of North Carolina, the Postal Service to appoint an elec- trusted to represent the United States it is not uncommon for voters to wait tion mail coordinator to assist election are there not because of political dona- in line for hours on election day to officials. My second amendment would tions, but because they are the best vote. Long wait times come at a cost. prohibit the Postal Service from enact- person for the job. For people who work or have family ing any new operational change that Mr. Speaker, I urge my colleagues to obligations, it is challenging to stand would restrict the prompt delivery of support this amendment, the en bloc, in line for hours to exercise their con- mail materials 4 months before the and H.R. 1. stitutional right to vote. election; specifically, targeting re- Mr. RODNEY DAVIS of Illinois. Mr. Sadly, North Carolina is not alone. In moval of the collection boxes and sort- Speaker, I yield 2 minutes to the gen- recent elections, we have witnessed ing boxes. tleman from Texas (Mr. GOHMERT), I lengthy wait times at polling locations Mr. Speaker, I urge my colleagues to may live to regret it, but I will do it across the country. Research shows support these amendments as part of anyway, my good friend. that people who live in poor and more this en bloc. Mr. GOHMERT. Mr. Speaker, I thank diverse neighborhoods are more likely Mr. RODNEY DAVIS of Illinois. Mr. the ranking member. This bill that is to wait over an hour or more to vote. Speaker, can I inquire again how much supposed to be for the people, one of Long wait times amount to voter time is remaining? We have a lot of the things it is really supposed to do, suppression, plain and simple, by caus- folks who want to talk. we have been told, you know, this is ing voters to leave before voting, by

VerDate Sep 11 2014 05:25 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00123 Fmt 7634 Sfmt 0634 E:\CR\FM\K02MR7.051 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H1008 CONGRESSIONAL RECORD — HOUSE March 2, 2021 discouraging people from voting in fu- toric freshman class. I have got an- their administration in Washington, ture elections, and by decreasing con- other member of that historic fresh- D.C., and they will continue to be al- fidence in our democratic process. man class who, frankly, has made his- lowed to forward their full frontal at- Mr. Speaker, we must end this tactic tory, too, in her short time here. tack on the First Amendment, just as of voter suppression, and I urge my col- Mr. Speaker, I yield 30 seconds to the the Speaker offered earlier today on leagues to vote for this amendment. gentlewoman from Georgia (Mrs. this floor. Mr. RODNEY DAVIS of Illinois. Mr. GREENE). Mr. Speaker, I yield back the balance Speaker, I yield 1 minute to the gen- Mrs. GREENE of Georgia. Mr. Speak- of my time. tleman from California (Mr. LAMALFA), er, I rise in opposition to H.R. 1. Ms. LOFGREN. Mr. Speaker, I yield who was my fellow classmate in the While we are talking about voter sup- myself the balance of my time. 113th Congress. pression and long lines, I would like to Mr. Speaker, I just want to say that Mr. LAMALFA. Mr. Speaker, Amer- point out that there is real voter sup- this amendment is worth supporting. It ican voters deserve to have confidence pression that happens right here in makes improvements to the underlying in their election process. This is not it. Congress. Many Members of Congress bill. I was really stunned to hear a A few basic principles: voter ID so we have to stand in long lines to enter the comparison between Members of Con- know who is showing up and who is re- Chamber going through metal detec- gress going through metal detectors— ceiving ballots; a clean set of voting tors, emptying our pockets, and being because some Members have, in viola- rolls so the people who are eligible—of treated very disrespectfully. That is tion of the rules, carried weapons on to all types, the people who are truly eli- real voter suppression, and it is a the House floor—and voters having to gible in this country—are voting from shame that it happens right here on wait 8 hours to get to the polling their proper domicile; we know they the House floor. booth, which actually happened last are citizens; and we know they are the Standing in line to vote is not sup- November. right age. pression. It is just part of the voting It is important that American voters But somehow we find these things to process, just like people stand in line have access to the polls to cast their be problematic and somehow this is to buy groceries in the grocery store. vote and to have that lawfully cast going to be suppressing votes—what, Ms. LOFGREN. Mr. Speaker, I re- vote counted as cast. That is what this for people being eligible to vote being serve the balance of my time. is about. the actual voters that they live in the Mr. RODNEY DAVIS of Illinois. Mr. I listened to my colleague and my right State, that they are the right Speaker, may I ask how much time is friend, Mr. DAVIS, complain about the age, and that they are citizens? remaining? constitutional basis for H.R. 1. But he It is ridiculous the lengths that the The SPEAKER pro tempore. The gen- has also introduced bills like H.R. 6882, Democrats want to go to upset our tleman has 2 minutes remaining. H.R. 3412, and H.R. 7905, which would election process and the confidence Mr. RODNEY DAVIS of Illinois. Mr. all require States to do certain things people have in it. It could be really Speaker, I yield myself the balance of with respect to how they conduct elec- quite simple. Have the election end on my time to close. tions. election night. In one place in my dis- Two minutes to solve the problems of I might disagree with the policies in trict, they found a box 30-something this bill clearly are not enough. those bills, but they all cite Article I, days after the election. They had to Mr. Speaker, the amendments in this Section 4 of the Constitution as the open back up the certified election to bloc continue the Democrats’ efforts to basis for their legitimacy. So to say take care of a box that had drop-off attack our constitutional system by that we cannot improve the elections ballots in it. nationalizing our elections and attack- in America under Article I, Section 4 We are making a farce out of our ing the First Amendment. Even the simply is not correct. elections in this country. And this, by Speaker herself said earlier on the So we will have more debate as these nationalizing them, will make it that floor that this body should consider al- proceedings on H.R. 1 conclude, but I much worse. In the Constitution, the tering the First Amendment. That is will close with this: Please do support Congress established the States will unbelievable. the en bloc amendments. It improves run their elections. We only need to Mr. Speaker, as my friend, Mr. the bill, and we will, hopefully, be pass- have very narrow guidelines for how LOUDERMILK, highlighted earlier, any ing H.R. 1 to make America an even our Federal ones are conducted. action by Congress in this space must greater place in the near future. Ms. LOFGREN. Mr. Speaker, I yield 1 be limited to correcting highly signifi- Mr. Speaker, I yield back the balance minute to the gentleman from Min- cant and substantial deficiencies. of my time. nesota (Mr. PHILLIPS). I had teams out in the field working Ms. JACKSON LEE. Mr. Speaker, I rise Mr. PHILLIPS. Mr. Speaker, Con- under our constitutional authority, as today in support of En Bloc Amendment No. 3 gress should be making it easier for the House of Representatives, as offi- to H.R. 1, which includes the Gallego Amend- Americans to vote, not harder. That is cial election observers from October ment, an important contribution to H.R. 1 that why I am pleased to support H.R. 1, es- through February, to investigate and makes a long overdue technical fix to the Help pecially in the face of reprehensible ef- observe the last election. We saw that American Vote Act to ensure and to protect forts all around the country to dis- there were certainly many bumps in the right to vote for Native Americans and oth- enfranchise legal American voters. the road and policy changes that many ers living with disabilities in the four corners I also believe that when a State States should consider to run better region of Arizona, New Mexico, Utah and Col- changes its election procedures, they elections. That is without a doubt. But orado. have a responsibility to ensure that there was nothing in 2020 that rose to Specifically, this amendment will extend voters are informed of those changes. the level of nationalizing our election funding under the Protection and Advocacy for That is why I wrote an amendment to system. These are State issues, and Voting Access program to the Native Amer- H.R. 1 called the Voter NOTICE Act, Congress—this body—must not act un- ican Disability Law Center to ensure people which simply requires States to form constitutionally in this space. with disabilities in the region can fully partici- public outreach to ensure that voters Further, these amendments would pate in the electoral process. are proactively made aware of their also threaten free speech and punish Too often, voters in this region drive hours voting rights. those who work to comply with the law to reach their nearest polling place, only to As we are too well aware, Mr. Speak- with even larger amounts of paperwork find that the ballot is not accessible to them er, bad actors are all too eager to ex- simply to provide information already due to inadequate disability training, ADA ac- ploit uncertainty and spread required by law. I see absolutely no cessibility, or other impediments to the con- disinformation to mislead Americans reason for duplication in the Federal stitutional right to vote. and divert the will of the people. The Government. It is big enough as it is. Voting is a right of citizenship, and every antidote is truth, and the Voter NO- Mr. Speaker, for these reasons, I urge polling place should be adequately equipped TICE Act will deliver it. rejection of these amendments, which to serve those with disabilities. Mr. RODNEY DAVIS of Illinois. Mr. would continue the majority’s push to Nearly 15 percent of those eligible to vote in Speaker, I keep bringing up our his- nationalize our elections and centralize Texas are persons with disabilities—almost 3

VerDate Sep 11 2014 05:25 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00124 Fmt 7634 Sfmt 9920 E:\CR\FM\K02MR7.053 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H1009 million people—and lack of accessibility in politics, strengthen ethics rules for Tenney Van Duyne Williams (TX) causes people with disabilities to vote at lower public servants, and implement other Thompson (PA) Wagner Wilson (SC) Tiffany Walberg Wittman rates than the general population. anti-corruption measures for the pur- Timmons Walorski Womack According to a study by the Government Ac- pose of fortifying our democracy, and Turner Waltz Young countability Office, nearly two-thirds of the 137 for other purposes will now resume. Upton Weber (TX) Zeldin Valadao Wenstrup polling places inspected in 2016 had at least The Clerk read the title of the bill. Van Drew Westerman one impediment to people with disabilities. AMENDMENT NO. 19 OFFERED BY MR. RODNEY NAYS—218 These impediments included: the accessible DAVIS OF ILLINOIS voting machine not being set up and powered The SPEAKER pro tempore. Pursu- Adams Gomez O’Halleran on, malfunctioning earphones, lack of wheel- Aguilar Gonzalez, Ocasio-Cortez ant to clause 8 of rule XX, the unfin- Allred Vicente Omar chair accessibility, and less privacy than ished business is the question on Auchincloss Gottheimer Pallone standard voting stations. amendment No. 19, printed in part B of Axne Green, Al (TX) Panetta Many people with disabilities cannot mark Barraga´ n Grijalva Pappas House Report 117–9, on which further Bass Haaland paper ballots without assistance, so they rely Pascrell proceedings were postponed and on Beatty Harder (CA) Payne on special voting machines, but untrained poll which the yeas and nays were ordered. Bera Hastings Perlmutter Beyer Hayes workers have discouraged the use of acces- The Clerk will redesignate the Peters sible voting machines, leaving voters with dis- Bishop (GA) Higgins (NY) Phillips amendment. Blumenauer Himes abilities behind. Pingree The Clerk redesignated the amend- Blunt Rochester Horsford Pocan People with disabilities continue to report Bonamici Houlahan ment. Porter barriers including a lack of accessible election Bourdeaux Hoyer Pressley Bowman Huffman The SPEAKER pro tempore. The Price (NC) and registration materials prior to elections, Boyle, Brendan Jackson Lee question is on the amendment offered Quigley lack of transportation to polling places, and F. Jacobs (CA) Raskin by the gentleman from Illinois (Mr. Brown Jayapal problems securing specific forms of identifica- Rice (NY) RODNEY DAVIS). Brownley Jeffries tion required by some states. Ross The vote was taken by electronic de- Bush Johnson (GA) Mr. Speaker, it is long past time to keep our Bustos Johnson (TX) Roybal-Allard vice, and there were—yeas 207, nays Ruiz promise for a fully inclusive electoral process Butterfield Jones 218, not voting 6, as follows: Carbajal Kahele Ruppersberger in Native and rural communities, and I urge Rush [Roll No. 54] Ca´ rdenas Kaptur my colleagues to vote for En Bloc Amendment Carson Kelly (IL) Ryan No. 3 to H.R. 1. YEAS—207 Cartwright Khanna Sa´ nchez Sarbanes The SPEAKER pro tempore. All time Aderholt Fulcher Mann Case Kildee Scanlon Allen Gaetz Massie Casten Kilmer for debate has expired. Schakowsky Amodei Garbarino Mast Castor (FL) Kim (NJ) Pursuant to House Resolution 179, Schiff Armstrong Garcia (CA) McCarthy Castro (TX) Kind Schneider the previous question is ordered on the Arrington Gibbs McCaul Chu Kirkpatrick Schrader amendments en bloc offered by the Babin Gimenez McClain Cicilline Krishnamoorthi Clark (MA) Kuster Schrier gentlewoman from California (Ms. LOF- Bacon Gohmert McClintock Baird Gonzales, Tony McHenry Clarke (NY) Lamb Scott (VA) GREN). Balderson Gonzalez (OH) McKinley Cleaver Langevin Scott, David The question is on the amendments Banks Gooden (TX) Meijer Clyburn Larsen (WA) Sewell en bloc. Barr Gosar Meuser Cohen Larson (CT) Sherman Connolly Lawrence Sherrill The question was taken; and the Bentz Granger Miller (IL) Bergman Graves (LA) Miller (WV) Cooper Lawson (FL) Sires Speaker pro tempore announced that Bice (OK) Graves (MO) Miller-Meeks Correa Lee (CA) Slotkin the noes appeared to have it. Biggs Green (TN) Moolenaar Costa Lee (NV) Smith (WA) Ms. LOFGREN. Mr. Speaker, on that Bishop (NC) Greene (GA) Mooney Courtney Leger Fernandez Soto Boebert Griffith Moore (AL) Crist Levin (CA) Spanberger I demand the yeas and nays. Bost Grothman Moore (UT) Crow Levin (MI) Stanton The SPEAKER pro tempore. Pursu- Brady Guest Mullin Cuellar Lieu Stevens ant to section 3(s) of House Resolution Brooks Guthrie Murphy (NC) Davids (KS) Lofgren Strickland Davis, Danny K. Lowenthal 8, the yeas and nays are ordered. Buchanan Hagedorn Nehls Suozzi Buck Harris Newhouse Dean Luria Swalwell Pursuant to clause 8 of rule XX, fur- Bucshon Harshbarger Norman DeFazio Lynch Takano ther proceedings on this question are Budd Hartzler Nunes DeGette Malinowski Thompson (CA) DeLauro Maloney, Burchett Hern Obernolte Thompson (MS) postponed. DelBene Carolyn B. Burgess Herrell Owens Titus Pursuant to clause 1(c) of rule XIX, Delgado Maloney, Sean Calvert Herrera Beutler Palazzo Tlaib Demings Manning further consideration of H.R. 1 is post- Cammack Hice (GA) Palmer Tonko DeSaulnier Matsui poned. Carl Higgins (LA) Pence Torres (CA) Deutch McBath Carter (GA) Hill Perry Torres (NY) f Carter (TX) Hinson Pfluger Dingell McCollum Doggett McEachin Trahan Cawthorn Hollingsworth Posey Trone RECESS Chabot Hudson Reed Doyle, Michael McGovern F. McNerney Underwood The SPEAKER pro tempore. Pursu- Cheney Huizenga Reschenthaler Vargas Cline Issa Rice (SC) Escobar Meeks ant to clause 12(a) of rule I, the Chair Eshoo Meng Veasey Cloud Jackson Rodgers (WA) Vela declares the House in recess subject to Clyde Jacobs (NY) Espaillat Mfume Rogers (AL) Vela´ zquez Cole Johnson (LA) Rogers (KY) Evans Moore (WI) the call of the Chair. Wasserman Comer Johnson (OH) Rose Fitzpatrick Morelle Accordingly (at 2 o’clock and 10 min- Schultz Craig Johnson (SD) Rosendale Fletcher Moulton Waters utes p.m.), the House stood in recess. Crawford Jordan Rouzer Foster Mrvan Watson Coleman Crenshaw Joyce (OH) Roy Frankel, Lois Murphy (FL) f Welch Curtis Joyce (PA) Rutherford Gallagher Nadler Wexton b 1759 Davidson Katko Salazar Gallego Napolitano Davis, Rodney Keller Scalise Garamendi Neal Wild ´ AFTER RECESS DesJarlais Kelly (MS) Schweikert Garcıa (IL) Neguse Williams (GA) Diaz-Balart Kelly (PA) Scott, Austin Garcia (TX) Newman Wilson (FL) The recess having expired, the House Donalds Kim (CA) Sessions Golden Norcross Yarmuth Duncan Kinzinger Simpson was called to order by the Speaker pro NOT VOTING—6 tempore (Mrs. DINGELL) at 5 o’clock Dunn Kustoff Smith (MO) Emmer LaHood Smith (NE) Bilirakis Good (VA) Speier and 59 minutes p.m. Estes LaMalfa Smith (NJ) Fudge Keating Webster (FL) f Fallon Lamborn Smucker Feenstra Latta Spartz FOR THE PEOPLE ACT OF 2021 Ferguson LaTurner Stauber b 1850 Fischbach Lesko Steel The SPEAKER pro tempore. Pursu- Fitzgerald Long Stefanik Messrs. CARSON, LYNCH, Ms. ant to clause 1(c) of rule XIX, further Fleischmann Loudermilk Steil MCCOLLUM, Mr. DANNY K. DAVIS of consideration of the bill (H.R. 1) to ex- Fortenberry Lucas Steube Illinois, Ms. KAPTUR, Mr. CLEAVER, Foxx Luetkemeyer Stewart pand Americans’ access to the ballot Franklin, C. Mace Stivers Ms. ESHOO, and Mr. SOTO changed box, reduce the influence of big money Scott Malliotakis Taylor their vote from ‘‘yea’’ to ‘‘nay.’’

VerDate Sep 11 2014 05:25 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00125 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.044 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H1010 CONGRESSIONAL RECORD — HOUSE March 2, 2021 Messrs. MOONEY, MAST, Kelly (IL) Murphy (FL) Sewell Roy Stefanik Walberg Khanna Nadler Sherman Rutherford Steil Walorski BUCHANAN, WESTERMAN, and Kildee Napolitano Sherrill Salazar Steube Waltz FALLON changed their vote from Kilmer Neal Sires Scalise Stewart Weber (TX) ‘‘nay’’ to ‘‘yea.’’ Kim (NJ) Neguse Slotkin Schweikert Stivers Webster (FL) So the amendment was rejected. Kind Newman Smith (WA) Scott, Austin Taylor Wenstrup Kirkpatrick Norcross Sessions Tenney The result of the vote was announced Soto Westerman Krishnamoorthi O’Halleran Spanberger Simpson Thompson (PA) Williams (TX) Smith (MO) Tiffany as above recorded. Kuster Ocasio-Cortez Speier Wilson (SC) Lamb Omar Smith (NE) Timmons A motion to reconsider was laid on Stanton Wittman Langevin Pallone Smith (NJ) Turner Stevens Womack the table. Larsen (WA) Panetta Smucker Valadao Strickland Young MEMBERS RECORDED PURSUANT TO HOUSE Larson (CT) Pappas Spartz Van Drew Suozzi Zeldin RESOLUTION 8, 117TH CONGRESS Lawson (FL) Pascrell Stauber Van Duyne Lee (CA) Payne Swalwell Steel Wagner Buchanan Kirkpatrick Palazzo Lee (NV) Perlmutter Takano (LaHood) (Stanton) (Fleischmann) Leger Fernandez Peters Thompson (CA) NOT VOTING—3 Ca´ rdenas Langevin Payne Levin (CA) Phillips Thompson (MS) Fudge Lawrence Meuser (Gomez) (Lynch) (Wasserman Levin (MI) Pingree Titus DeSaulnier Lawson (FL) Schultz) Lieu Pocan Tlaib b 1934 (Matsui) (Evans) Pingree (Kuster) Lofgren Porter Tonko Lieu (Beyer) So the en bloc amendments were Deutch (Rice Rodgers (WA) Lowenthal Pressley Torres (CA) Lowenthal (NY)) (Joyce (PA)) Luria Price (NC) Torres (NY) agreed to. (Beyer) Frankel, Lois Roybal-Allard Lynch Quigley Trahan The result of the vote was announced Meng (Clark (Clark (MA)) (Escobar) Malinowski Raskin (MA)) Trone as above recorded. Gaetz (McHenry) Ruiz (Aguilar) Maloney, Rice (NY) Moore (WI) Underwood A motion to reconsider was laid on Grijalva (Garc´a Rush Carolyn B. Ross Upton (Beyer) Maloney, Sean the table. (IL)) (Underwood) Roybal-Allard Vargas Moulton Manning Ruiz Hastings Vargas (Correa) Veasey MEMBERS RECORDED PURSUANT TO HOUSE (McGovern) Matsui Ruppersberger (Wasserman Watson Coleman Vela RESOLUTION 8, 117TH CONGRESS Nadler (Jeffries) McBath Rush Schultz) (Pallone) ´ Napolitano McCollum Ryan Velazquez Buchanan Kirkpatrick Palazzo Horsford (Kildee) Wilson (FL) (Correa) McEachin Sa´ nchez Wasserman (LaHood) (Stanton) (Fleischmann) Huffman Neguse (Hayes) McGovern Sarbanes Schultz Ca´ rdenas Langevin Payne (McNerney) (Perlmutter) McNerney Scanlon Waters (Gomez) (Lynch) (Wasserman Meeks Schakowsky Watson Coleman DeSaulnier Lawson (FL) Schultz) AMENDMENTS EN BLOC NO. 3 OFFERED BY MS. Meng Schiff Welch (Matsui) (Evans) Pingree (Kuster) LOFGREN OF CALIFORNIA Mfume Schneider Wexton Deutch (Rice Lieu (Beyer) Rodgers (WA) The SPEAKER pro tempore. Pursu- Moore (WI) Schrader Wild (NY)) Lowenthal (Joyce (PA)) Williams (GA) (Beyer) Morelle Schrier Frankel, Lois Roybal-Allard ant to clause 8 of rule XX, the unfin- Wilson (FL) Meng (Clark Moulton Scott (VA) (Clark (MA)) (Escobar) ished business is the question on the Mrvan Scott, David Yarmuth (MA)) Gaetz (McHenry) Moore (WI) Ruiz (Aguilar) adoption of amendments en bloc No. 3 Grijalva (Garcı´a Rush printed in part B of House Report 117– NAYS—207 (Beyer) (IL)) Moulton (Underwood) 9, on which further proceedings were Aderholt Fischbach Kim (CA) Hastings (McGovern) Speier (Scanlon) postponed and on which the yeas and Allen Fitzgerald Kinzinger (Wasserman Nadler (Jeffries) Vargas (Correa) nays were ordered. Amodei Fleischmann Kustoff Schultz) Napolitano Watson Coleman Armstrong Fortenberry LaHood Horsford (Kildee) (Correa) (Pallone) The Clerk will redesignate the Arrington Foxx LaMalfa Huffman Neguse Wilson (FL) amendments en bloc. Babin Franklin, C. Lamborn (McNerney) (Perlmutter) (Hayes) The Clerk redesignated the amend- Bacon Scott Latta Baird Fulcher LaTurner ments en bloc. The SPEAKER pro tempore. Pursu- Balderson Gaetz Lesko ant to clause 1(c) of rule XIX, further The SPEAKER pro tempore. The Banks Gallagher Long question is on the amendments en bloc Barr Garbarino Loudermilk consideration of H.R. 1 is postponed. Bentz Garcia (CA) Lucas f offered by the gentlewoman from Cali- Bergman Gibbs Luetkemeyer fornia (Ms. LOFGREN). Bice (OK) Gimenez Mace PUBLICATION OF BUDGETARY The vote was taken by electronic de- Biggs Gohmert Malliotakis MATERIAL vice, and there were—yeas 221, nays Bilirakis Gonzales, Tony Mann Bishop (NC) Gonzalez (OH) Massie REVISION TO THE AGGREGATES, ALLOCATIONS, 207, not voting 3, as follows: Boebert Good (VA) Mast AND OTHER BUDGETARY LEVELS FOR FISCAL [Roll No. 55] Bost Gooden (TX) McCarthy YEAR 2021 Brady Gosar McCaul YEAS—221 Brooks Granger McClain HOUSE OF REPRESENTATIVES, Adams Clarke (NY) Foster Buchanan Graves (LA) McClintock COMMITTEE ON THE BUDGET, Aguilar Cleaver Frankel, Lois Buck Graves (MO) McHenry Washington, DC, March 2, 2021. Allred Clyburn Gallego Bucshon Green (TN) McKinley MADAM SPEAKER: Pursuant to the Congres- Auchincloss Cohen Garamendi Budd Greene (GA) Meijer sional Budget Act of 1974 (CBA) and the Con- ´ Axne Connolly Garcıa (IL) Burchett Griffith Miller (IL) current Resolution on the Budget for Fiscal Barraga´ n Cooper Garcia (TX) Burgess Grothman Miller (WV) Bass Correa Golden Calvert Guest Miller-Meeks Year 2021 (S. Con. Res. 5 (117th Congress)), I Beatty Costa Gomez Cammack Guthrie Moolenaar hereby submit for printing in the Congres- Bera Courtney Gonzalez, Carl Hagedorn Mooney sional Record a revision to the aggregates Beyer Craig Vicente Carter (GA) Harris Moore (AL) and allocations set forth in the Statement of Bishop (GA) Crist Gottheimer Carter (TX) Harshbarger Moore (UT) Aggregates, Allocations, and Other Budg- Blumenauer Crow Green, Al (TX) Cawthorn Hartzler Mullin etary Levels for Fiscal Year 2021 published in Blunt Rochester Cuellar Grijalva Chabot Hern Murphy (NC) the Congressional Record on February 25, Bonamici Davids (KS) Haaland Cheney Herrell Nehls Bourdeaux Davis, Danny K. Harder (CA) Cline Herrera Beutler Newhouse 2021. Bowman Dean Hastings Cloud Hice (GA) Norman This adjustment responds to House consid- Boyle, Brendan DeFazio Hayes Clyde Higgins (LA) Nunes eration of the bill, the For the People Act of F. DeGette Higgins (NY) Cole Hill Obernolte 2021 (H.R. 1), as provided for consideration in Brown DeLauro Himes Comer Hinson Owens the House pursuant to H. Res. 179. This ad- Brownley DelBene Horsford Crawford Hollingsworth Palazzo justment is allowable under sections 3002 and Bush Delgado Houlahan Crenshaw Hudson Palmer 4003 of S. Con. Res. 5 (117th Congress). It Bustos Demings Hoyer Curtis Huizenga Pence Butterfield DeSaulnier Huffman Davidson Issa Perry shall apply while that legislation is under Carbajal Deutch Jackson Lee Davis, Rodney Jackson Pfluger consideration and take effect upon the en- Ca´ rdenas Dingell Jacobs (CA) DesJarlais Jacobs (NY) Posey actment of that legislation. Carson Doggett Jayapal Diaz-Balart Johnson (LA) Reed Accordingly, I am revising the aggregate Cartwright Doyle, Michael Jeffries Donalds Johnson (OH) Reschenthaler spending level for fiscal year 2021 and the ag- Case F. Johnson (GA) Duncan Johnson (SD) Rice (SC) gregate revenue level for 2021 and 2021–2030 Casten Escobar Johnson (TX) Dunn Jordan Rodgers (WA) and the allocation for the Committee on Castor (FL) Eshoo Jones Emmer Joyce (OH) Rogers (AL) Castro (TX) Espaillat Kahele Estes Joyce (PA) Rogers (KY) House Administration for fiscal year 2020 and Chu Evans Kaptur Fallon Keller Rose 2021–2030. For purposes of enforcing titles III Cicilline Fitzpatrick Katko Feenstra Kelly (MS) Rosendale and IV of the CBA and other budgetary en- Clark (MA) Fletcher Keating Ferguson Kelly (PA) Rouzer forcement provisions, the revised aggregates

VerDate Sep 11 2014 17:07 Mar 04, 2021 Jkt 019060 PO 00000 Frm 00126 Fmt 7634 Sfmt 0634 E:\RECORD21\MARCH\H02MR1.REC H02MR1 sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H1011 and allocation are to be considered as aggre- final rule — Amendments to Capital Plan- Law 109-435, Sec. 604(f)); (120 Stat. 3242); to gates and allocations included in the budget ning and Stress Testing Requirements for the Committee on Oversight and Reform. resolution, pursuant to the Statement pub- Large Bank Holding Companies, Inter- EC-496. A letter from the Assistant Attor- lished in the Congressional Record on Feb- mediate Holding Companies and Savings and ney General, Department of Justice, trans- ruary 25, 2021. Loan Holding Companies [Regulations Q, Y, mitting the report on the Administration of Questions may be directed to Jennifer LL, and YY; Docket No.: R-1724] (RIN: 7100- the Foreign Agents Registration Act of 1938, Wheelock or Raquel Spencer of the Budget AF95) received February 16, 2021, pursuant to as amended, for the six months ending June Committee staff. 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. 30, 2019, pursuant to 22 U.S.C. 621; June 8, Sincerely, 251; (110 Stat. 868); to the Committee on Fi- 1938, ch. 327, Sec. 11 (as amended by Public JOHN YARMUTH, nancial Services. Law 104-65, Sec. 19); (109 Stat. 704); to the Chairman. EC-488. A letter from the Policy Advisor, Committee on the Judiciary. National Highway Traffic Safety Adminis- EC-497. A letter from the Deputy Sec- TABLE 1.—REVISION TO BUDGET AGGREGATE TOTALS tration, Department of Transportation, retary, Securities and Exchange Commis- [On-budget amounts in millions of dollar] transmitting the Department’s final rule — sion, transmitting the Commission’s notice Federal Motor Vehicle Safety Standards; — Adjustments to Civil Monetary Penalty 2021 2021–2030 Motorcycle Brake Systems; Motorcycle Con- Amounts received February 16, 2021, pursu- trols and Displays [Docket No.: NHTSA-2020- ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- Current Aggregates: 121, Sec. 251; (110 Stat. 868); to the Committee Budget Authority ...... 5,868,572 n.a. 0110] (RIN: 2127-AL48) received February 16, Outlays ...... 5,998,437 n.a. 2021, pursuant to 5 U.S.C. 801(a)(1)(A); Public on the Judiciary. Revenues ...... 2,523,057 35,075,136 Law 104-121, Sec. 251; (110 Stat. 868); to the EC-498. A letter from the Management and Revision for the For the People Program Analyst, FAA, Department of Act of 2021 (H.R. 1) 1: Committee on Energy and Commerce. Budget Authority ...... – – – n.a. EC-489. A letter from the Policy Advisor, Transportation, transmitting the Depart- Outlays ...... – – – n.a. National Highway Traffic Safety Adminis- ment’s final rule — Airworthiness Direc- Revenues ...... – – – 2,779 tration, Department of Transportation, tives; Airbus SAS Airplanes [Docket No.: Revised Aggregates: Budget Authority ...... 5,868,572 n.a. transmitting the Department’s final rule — FAA-2020-1135; Project Identifier MCAI-2020- Outlays ...... 5,998,437 n.a. Federal Motor Vehicle Safety Standards; 01363-T; Amendment 39-21373; AD 2020-26-18] Revenues ...... 2,523,057 35,077,915 Side Impact Protection, Ejection Mitigation; (RIN: 2120-AA64) received February 16, 2021, 1 Revision for consideration in the House pursuant to H. Res. 179. Technical Corrections [Docket No.: NHTSA- pursuant to 5 U.S.C. 801(a)(1)(A); Public Law 2020-0111] (RIN: 2127-AM31) received February 104-121, Sec. 251; (110 Stat. 868); to the Com- TABLE 2.—REVISED ALLOCATION OF SPENDING AUTHOR- 16, 2021, pursuant to 5 U.S.C. 801(a)(1)(A); mittee on Transportation and Infrastruc- ITY TO THE COMMITTEE ON HOUSE ADMINISTRATION Public Law 104-121, Sec. 251; (110 Stat. 868); to ture. EC-499. A letter from the Management and [On-budget amounts in millions of dollars] the Committee on Energy and Commerce. EC-490. A letter from the Program Analyst, Program Analyst, FAA, Department of 2021 2021–2030 Consumer and Governmental Affairs Bureau, Transportation, transmitting the Depart- Federal Communications Commission, trans- ment’s final rule — Modification of Class D Current Allocation: mitting the Commission’s final rule — Ad- and Establishment of Class E Airspace; Hay- BA ...... 13 127 OT ...... ¥10 ¥79 vanced Methods to Target and Eliminate Un- ward, CA [Docket No.: FAA-2020-0766; Air- Revision for the For the People lawful Robocalls [CG Docket No.: 17-59] re- space Docket No.: 20-AWP-38] (RIN: 2120- Act (H.R. 1) 1 ceived February 16, 2021, pursuant to 5 U.S.C. AA66) received February 16, 2021, pursuant to BA ...... – – – 1,717 OT ...... – – – 1,875 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. Revised Allocation: Stat. 868); to the Committee on Energy and 251; (110 Stat. 868); to the Committee on BA ...... 13 1,844 Transportation and Infrastructure. ¥ Commerce. OT ...... 10 1,796 EC-491. A letter from the Secretary, De- EC-500. A letter from the Management and 1 Revision for consideration in the House pursuant to H. Res. 179. partment of the Treasury, transmitting a Program Analyst, FAA, Department of Transportation, transmitting the Depart- f six-month periodic report on the national emergency with respect to Ukraine that was ment’s final rule — Airworthiness Direc- ADJOURNMENT declared in Executive Order 13660 of March 6, tives; Airbus SAS Airplanes [Docket No.: FAA-2020-0858; Project Identifier MCAI-2020- The SPEAKER pro tempore. Pursu- 2014, pursuant to 50 U.S.C. 1641(c); Public Law 94-412, Sec. 401(c); (90 Stat. 1257) and 50 00949-T; Amendment 39-21370; AD 2020-26-15] ant to section 5(a)(1)(B) of House Reso- U.S.C. 1703(c); Public Law 95-223, Sec 204(c); (RIN: 2120-AA64) received February 16, 2021, lution 8, the House stands adjourned (91 Stat. 1627); to the Committee on Foreign pursuant to 5 U.S.C. 801(a)(1)(A); Public Law until 9 a.m. tomorrow. Affairs. 104-121, Sec. 251; (110 Stat. 868); to the Com- Thereupon (at 7 o’clock and 37 min- EC-492. A letter from the Secretary, De- mittee on Transportation and Infrastruc- utes p.m.), under its previous order, the partment of the Treasury, transmitting a ture. House adjourned until tomorrow, six-month periodic report on the national EC-501. A letter from the Management and Program Analyst, FAA, Department of Wednesday, March 3, 2021, at 9 a.m. emergency with respect to Venezuela that was declared in Executive Order 13692 of Transportation, transmitting the Depart- f March 8, 2015, pursuant to 50 U.S.C. 1641(c); ment’s final rule — Airworthiness Direc- tives; The Boeing Company Airplanes [Dock- EXECUTIVE COMMUNICATIONS, Public Law 94-412, Sec. 401(c); (90 Stat. 1257) and 50 U.S.C. 1703(c); Public Law 95-223, Sec et No.: FAA-2020-0465; Product Identifier ETC. 204(c); (91 Stat. 1627); to the Committee on 2020-NM-074-AD; Amendment 39-21363; AD Under clause 2 of rule XIV, executive Foreign Affairs. 2020-26-08] (RIN: 2120-AA64) received Feb- communications were taken from the EC-493. A letter from the Secretary, De- ruary 16, 2021, pursuant to 5 U.S.C. Speaker’s table and referred as follows: partment of the Treasury, transmitting a 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 six-month periodic report on the national Stat. 868); to the Committee on Transpor- EC-485. A letter from the Secretary, De- emergency with respect to Zimbabwe that tation and Infrastructure. partment of Defense, transmitting a letter was declared in Executive Order 13288 of EC-502. A letter from the Management and on the approved retirement of Vice Admiral March 6, 2003, pursuant to 50 U.S.C. 1641(c); Program Analyst, FAA, Department of Nancy A. Norton, United States Navy, and Public Law 94-412, Sec. 401(c); (90 Stat. 1257) Transportation, transmitting the Depart- her advancement to the grade of vice admi- and 50 U.S.C. 1703(c); Public Law 95-223, Sec ment’s final rule — Airworthiness Direc- ral on the retired list, pursuant to 10 U.S.C. 204(c); (91 Stat. 1627); to the Committee on tives; The Boeing Company Airplanes [Dock- 1370(c)(1); Public Law 96-513, Sec. 112 (as Foreign Affairs. et No.: FAA-2020-0844; Product Identifier amended by Public Law 104-106, Sec. 502(b)); EC-494. A letter from the Associate Gen- 2020-NM-100-AD; Amendment 39-21364; AD (110 Stat. 293); to the Committee on Armed eral Counsel for General Law, Office of the 2020-26-09] (RIN: 2120-AA64) received Feb- Services. General Counsel, Department of Homeland ruary 16, 2021, pursuant to 5 U.S.C. EC-486. A letter from the Secretary, De- Security, transmitting fourteen (14) notifica- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 partment of Defense, transmitting a letter tions of a federal vacancy, designation of an Stat. 868); to the Committee on Transpor- on the approved retirement of Vice Admiral acting officer, nomination, action on nomi- tation and Infrastructure. Michael J. Dumont, United States Navy Re- nation, or discontinuation of service in an EC-503. A letter from the Management and serve, and his advancement to the grade of acting role, pursuant to 5 U.S.C. 3349(a); Pub- Program Analyst, FAA, Department of vice admiral on the retired list, pursuant to lic Law 105-277, Sec. 151(b); (112 Stat. 2681- Transportation, transmitting the Depart- 10 U.S.C. 1370(c)(1); Public Law 96-513, Sec. 614); to the Committee on Oversight and Re- ment’s final rule — Airworthiness Direc- 112 (as amended by Public Law 104-106, form. tives; Bombardier, Inc., Airplanes [Docket Sec.502(b)); (110 Stat. 293); to the Committee EC-495. A letter from the General Counsel, No.: FAA-2020-0458; Product Identifier 2020- on Armed Services. U.S. Trade and Development Agency, trans- NM-029-AD; Amendment 39-21348; AD 2020-25- EC-487. A letter from the Congressional As- mitting the Agency’s FY 2020 No FEAR Act 06] (RIN: 2120-AA64) received February 16, sistant II, Board of Governors of the Federal report, pursuant to 5 U.S.C. 2301 note; Public 2021, pursuant to 5 U.S.C. 801(a)(1)(A); Public Reserve System, transmitting the System’s Law 107-174, 203(a) (as amended by Public Law 104-121, Sec. 251; (110 Stat. 868); to the

VerDate Sep 11 2014 05:25 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00127 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.043 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H1012 CONGRESSIONAL RECORD — HOUSE March 2, 2021 Committee on Transportation and Infra- ment’s final rule — Revocation of Class E By Mr. BERA (for himself, Mr. structure. Airspace; Newburyport, MA [Docket No.: FITZPATRICK, Mr. CARBAJAL, Ms. EC-504. A letter from the Management and FAA-2020-0924; Airspace Docket No.: 20-ANE- TITUS, Mrs. MCBATH, Mr. TONKO, Mr. Program Analyst, FAA, Department of 1] (RIN: 2120-AA66) received February 16, FOSTER, Ms. KELLY of Illinois, Ms. Transportation, transmitting the Depart- 2021, pursuant to 5 U.S.C. 801(a)(1)(A); Public BLUNT ROCHESTER, Mr. CARSON, Mr. ment’s final rule — Airworthiness Direc- Law 104-121, Sec. 251; (110 Stat. 868); to the LYNCH, Ms. KUSTER, Mr. KIM of New tives; Airbus SAS Airplanes [Docket No.: Committee on Transportation and Infra- Jersey, Ms. SEWELL, Mr. SUOZZI, Mr. FAA-2020-0841; Product Identifier 2020-NM- structure. SHERMAN, Ms. NORTON, Ms. DEAN, Mr. 087-AD; Amendment 39-21366; AD 2020-26-11] EC-512. A letter from the Management and GRIJALVA, Mr. HASTINGS, Mr. VAN (RIN: 2120-AA64) received February 16, 2021, Program Analyst, FAA, Department of DREW, Ms. WASSERMAN SCHULTZ, Mr. pursuant to 5 U.S.C. 801(a)(1)(A); Public Law Transportation, transmitting the Depart- BURGESS, Mr. VELA, Mr. TRONE, Mr. 104-121, Sec. 251; (110 Stat. 868); to the Com- ment’s final rule — Revocation of Class E3 MRVAN, Mr. PERLMUTTER, Mrs. mittee on Transportation and Infrastruc- Airspace; Fresno, CA [Docket No.: FAA-2018- BEATTY, Mr. CICILLINE, Mr. COHEN, ture. 1001; Airspace Docket No.: 18-AWP-24] (RIN: and Mrs. WALORSKI): EC-505. A letter from the Management and 2120-AA66) received February 16, 2021, pursu- H.R. 1480. A bill to require the Secretary of Program Analyst, FAA, Department of ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- Health and Human Services to improve the Transportation, transmitting the Depart- 121, Sec. 251; (110 Stat. 868); to the Committee detection, prevention, and treatment of men- ment’s final rule — Standard Instrument Ap- on Transportation and Infrastructure. tal health issues among public safety offi- proach Procedures, and Takeoff Minimums EC-513. A letter from the Management and cers, and for other purposes; to the Com- and Obstacle Departure Procedures; Mis- Program Analyst, FAA, Department of mittee on Energy and Commerce, and in ad- cellaneous Amendments [Docket No.: 31347; Transportation, transmitting the Depart- dition to the Committee on Science, Space, Amdt. No.: 3936] received February 16, 2021, ment’s final rule — Airworthiness Direc- and Technology, for a period to be subse- pursuant to 5 U.S.C. 801(a)(1)(A); Public Law tives; Yabora˜ Indu´ stria Aerona´ utica S.A. quently determined by the Speaker, in each 104-121, Sec. 251; (110 Stat. 868); to the Com- (Type Certificate Previously Held by case for consideration of such provisions as mittee on Transportation and Infrastruc- Embraer S.A.) Airplanes [Docket No.: FAA- fall within the jurisdiction of the committee ture. 2020-0842; Product Identifier 2020-NM-101-AD; concerned. EC-506. A letter from the Management and Amendment 39-21350; AD 2020-25-08] (RIN: By Mr. BEYER: Program Analyst, FAA, Department of 2120-AA64) received February 16, 2021, pursu- H.R. 1481. A bill to require Federal, State, Transportation, transmitting the Depart- ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- and local law enforcement agencies to report ment’s final rule — Standard Instrument Ap- 121, Sec. 251; (110 Stat. 868); to the Committee information related to allegations of mis- proach Procedures, and Takeoff Minimums on Transportation and Infrastructure. conduct of law enforcement officers to the and Obstacle Departure Procedures; Mis- EC-514. A letter from the Management and Attorney General, and for other purposes; to cellaneous Amendments [Docket No.: 31346; Program Analyst, FAA, Department of the Committee on the Judiciary. Amdt. No.: 3935] received February 16, 2021, Transportation, transmitting the Depart- By Mr. BISHOP of North Carolina (for pursuant to 5 U.S.C. 801(a)(1)(A); Public Law ment’s final rule — Airworthiness Direc- himself, Ms. CRAIG, Mrs. KIM of Cali- 104-121, Sec. 251; (110 Stat. 868); to the Com- tives; Saab AB, Support and Services (For- fornia, and Ms. DAVIDS of Kansas): mittee on Transportation and Infrastruc- merly Known as Saab AB, Saab Aeronautics) H.R. 1482. A bill to amend the Small Busi- ture. Airplanes [Docket No.: FAA-2020-0840; ness Act to enhance the Office of Credit Risk EC-507. A letter from the Management and Project Identifier MCAI-2020-00907-T; Amend- Management, to require the Administrator Program Analyst, FAA, Department of ment 39-21344; AD 2020-25-02] (RIN: 2120-AA64) of the Small Business Administration to Transportation, transmitting the Depart- received February 16, 2021, pursuant to 5 issue rules relating to environmental obliga- ment’s final rule — Airworthiness Direc- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. tions of certified development companies, tives; Sikorsky Aircraft Corporation Heli- 251; (110 Stat. 868); to the Committee on and for other purposes; to the Committee on copters [Docket No.: FAA-2020-0792; Project Transportation and Infrastructure. Small Business. Identifier 2018-SW-049-AD; Amendment 39- f By Mr. BLUMENAUER: 21368; AD 2020-26-13] (RIN: 2120-AA64) received H.R. 1483. A bill to amend the Internal Rev- February 16, 2021, pursuant to 5 U.S.C. PUBLIC BILLS AND RESOLUTIONS enue Code of 1986 to modify the rehabilita- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Under clause 2 of rule XII, public tion credit; to the Committee on Ways and Stat. 868); to the Committee on Transpor- bills and resolutions of the following Means. tation and Infrastructure. By Mr. BLUMENAUER: EC-508. A letter from the Management and titles were introduced and severally re- H.R. 1484. A bill to amend the Internal Rev- Program Analyst, FAA, Department of ferred, as follows: enue Code of 1986 to modify the energy tax Transportation, transmitting the Depart- By Ms. DEAN (for herself, Mr. LAN- credit to apply to qualified distributed wind ment’s final rule — Airworthiness Direc- GEVIN, Ms. JACKSON LEE, Mr. COHEN, energy property; to the Committee on Ways tives; Leonardo S.p.a. Helicopters [Docket Ms. NORTON, Ms. SCANLON, Mr. and Means. No.: FAA-2020-0468; Product Identifier 2018- TRONE, Ms. HOULAHAN, Mr. BLU- By Ms. BLUNT ROCHESTER: SW-046-AD; Amendment 39-21365; AD 2020-26- MENAUER, Mr. RASKIN, Mr. SWALWELL, H.R. 1485. A bill to provide additional funds 10] (RIN: 2120-AA64) received February 16, Mrs. MCBATH, Mr. SOTO, Mr. for Federal and State facility energy resil- 2021, pursuant to 5 U.S.C. 801(a)(1)(A); Public CA´ RDENAS, Mr. MICHAEL F. DOYLE of iency programs, and for other purposes; to Law 104-121, Sec. 251; (110 Stat. 868); to the Pennsylvania, Ms. WILSON of Florida, the Committee on Energy and Commerce. Committee on Transportation and Infra- Ms. SCHAKOWSKY, Mr. CICILLINE, Mr. By Mr. BUDD: structure. CARSON, Ms. GARCIA of Texas, Mrs. H.R. 1486. A bill to repeal the Office of Fi- EC-509. A letter from the Management and CAROLYN B. MALONEY of New York, nancial Research, and for other purposes; to Program Analyst, FAA, Department of Mr. HUFFMAN, Mr. MALINOWSKI, Mr. the Committee on Financial Services. Transportation, transmitting the Depart- HASTINGS, Mr. MCNERNEY, Mr. NOR- By Mr. BURCHETT (for himself, Mr. ment’s final rule — Airworthiness Direc- CROSS, Mr. GRIJALVA, Mr. KHANNA, KIM of New Jersey, Mr. FITZGERALD, tives; Gulfstream Aerospace LP Airplanes and Mr. SCHNEIDER): and Ms. NEWMAN): [Docket No.: FAA-2020-0796; Project Identi- H.R. 1477. A bill to modernize the H.R. 1487. A bill to amend the Small Busi- fier MCAI-2020-00902-T; Amendment 39-21367; Undetectable Firearms Act of 1988; to the ness Act to increase transparency, and for AD 2020-26-12] (RIN: 2120-AA64) received Feb- Committee on the Judiciary. other purposes; to the Committee on Small ruary 16, 2021, pursuant to 5 U.S.C. By Mr. TAYLOR (for himself, Ms. CAS- Business. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 TOR of Florida, and Mr. SCHRADER): By Mr. CASTRO of Texas (for himself, Stat. 868); to the Committee on Transpor- H.R. 1478. A bill to direct the Secretary of Mrs. WAGNER, Ms. TITUS, and Mr. tation and Infrastructure. Health and Human Services to enter into an FITZPATRICK): EC-510. A letter from the Management and agreement with the National Academy of H.R. 1488. A bill to promote international Program Analyst, FAA, Department of Medicine under which the National Academy exchanges on best election practices, cul- Transportation, transmitting the Depart- agrees to conduct a one-year study assessing tivate more secure democratic institutions ment’s final rule — Amendment of the Class the effectiveness of current vital statistics around the world, and for other purposes; to E Airspace; Trenton, MO [Docket No.: FAA- reporting and data sharing between State, the Committee on Foreign Affairs. 2020-0750; Airspace Docket No.: 20-ACE-17] local, Tribal, and Federal agencies, and for By Mr. COHEN: (RIN: 2120-AA66) received February 16, 2021, other purposes; to the Committee on Energy H.R. 1489. A bill to permit vicarious liabil- pursuant to 5 U.S.C. 801(a)(1)(A); Public Law and Commerce. ity claims against an employer of a person 104-121, Sec. 251; (110 Stat. 868); to the Com- By Mr. BARR: who, under color of law, subjects another to mittee on Transportation and Infrastruc- H.R. 1479. A bill to prohibit the use of Fed- the deprivation of rights, and for other pur- ture. eral funds relating to rejoining the Joint poses; to the Committee on the Judiciary. EC-511. A letter from the Management and Comprehensive Plan of Action with Iran, and By Ms. CRAIG (for herself, Mrs. KIM of Program Analyst, FAA, Department of for other purposes; to the Committee on For- California, Ms. DAVIDS of Kansas, and Transportation, transmitting the Depart- eign Affairs. Mr. CHABOT):

VerDate Sep 11 2014 05:25 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00128 Fmt 7634 Sfmt 0634 E:\CR\FM\L02MR7.000 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE March 2, 2021 CONGRESSIONAL RECORD — HOUSE H1013 H.R. 1490. A bill to amend the Small Busi- in Arizona to La Paz County, Arizona, and H.R. 1508. A bill to require a guidance clar- ness Investment Act of 1958 to improve the for other purposes; to the Committee on Nat- ity statement on certain agency guidance, loan guaranty program, enhance the ability ural Resources. and for other purposes; to the Committee on of small manufacturers to access affordable By Ms. HOULAHAN (for herself, Mr. Oversight and Reform. capital, and for other purposes; to the Com- FITZPATRICK, and Mr. QUIGLEY): By Ms. MACE: mittee on Small Business. H.R. 1500. A bill to direct the Adminis- H.R. 1509. A bill to repeal portions of a reg- By Ms. DEAN: trator of the United States Agency for Inter- ulation issued by the State Superintendent H.R. 1491. A bill to amend the Fair Debt national Development to submit to Congress of Education of the District of Columbia that Collection Practices Act to provide enhanced a report on the impact of the COVID-19 pan- require child care workers to have a degree, protection against debt collector harassment demic on global basic education programs; to a certificate, or a minimum number of credit of members of the Armed Forces, and for the Committee on Foreign Affairs. hours from an institution of higher edu- other purposes; to the Committee on Finan- By Mr. HUFFMAN (for himself and Mr. cation; to the Committee on Oversight and cial Services, and in addition to the Com- THOMPSON of California): Reform. mittee on the Budget, for a period to be sub- H.R. 1501. A bill to reauthorize the Neigh- By Mr. MCKINLEY (for himself, Mr. sequently determined by the Speaker, in borhood Stabilization Program, and for TRONE, Mr. MOONEY, Mrs. MILLER of each case for consideration of such provi- other purposes; to the Committee on Finan- West Virginia, Mr. RESCHENTHALER, sions as fall within the jurisdiction of the cial Services. and Mr. BOST): committee concerned. By Mr. KIM of New Jersey (for himself, H.R. 1510. A bill to direct the Secretary of ARBARINO EWMAN By Ms. DEGETTE (for herself, Mr. GRI- Mr. G , Ms. N , and Mr. Veterans Affairs to submit to Congress a re- URCHETT JALVA, Mr. LOWENTHAL, Mr. B ): port on the use of cameras in medical cen- H.R. 1502. A bill to amend the Small Busi- HUFFMAN, Ms. LEE of California, Mr. ters of the Department of Veterans Affairs; ness Act to optimize the operations of the BLUMENAUER, and Mr. ESPAILLAT): to the Committee on Veterans’ Affairs. H.R. 1492. A bill to prevent methane waste microloan program, lower costs for small By Ms. OMAR: business concerns and intermediary partici- and pollution from oil and gas operations, H.R. 1511. A bill to impose sanctions with pants in the program, and for other purposes; and for other purposes; to the Committee on respect to the Crown Prince of Saudi Arabia, to the Committee on Small Business. Natural Resources, and in addition to the Mohammed bin Salman bin Abdulaziz Al By Mr. LEVIN of California (for him- Committee on Energy and Commerce, for a Saud; to the Committee on Foreign Affairs, self, Mr. GRIJALVA, Mr. LOWENTHAL, period to be subsequently determined by the and in addition to the Committee on the Ju- Mr. NADLER, Ms. NORTON, Ms. Speaker, in each case for consideration of diciary, for a period to be subsequently de- BONAMICI, Mr. GARCI´A of Illinois, Ms. such provisions as fall within the jurisdic- termined by the Speaker, in each case for LEE of California, Ms. PORTER, and tion of the committee concerned. consideration of such provisions as fall with- Ms. BROWNLEY): in the jurisdiction of the committee con- By Mr. DIAZ-BALART: H.R. 1503. A bill to amend the Mineral H.R. 1493. A bill to amend the Water Re- cerned. Leasing Act to make certain adjustments in By Mr. PALLONE (for himself, Mr. sources Development Act of 1986 to modify a leasing on Federal lands for oil and gas drill- provision relating to acquisition of beach TONKO, and Mr. RUSH): ing, and for other purposes; to the Com- H.R. 1512. A bill to build a clean and pros- fill; to the Committee on Transportation and mittee on Natural Resources, and in addition perous future by addressing the climate cri- Infrastructure. to the Committee on Agriculture, for a pe- sis, protecting the health and welfare of all By Mrs. DINGELL (for herself and Mr. riod to be subsequently determined by the Americans, and putting the Nation on the FITZPATRICK): Speaker, in each case for consideration of path to a net-zero greenhouse gas economy H.R. 1494. A bill to protect victims of such provisions as fall within the jurisdic- stalking from gun violence; to the Com- by 2050, and for other purposes; to the Com- tion of the committee concerned. mittee on Energy and Commerce, and in ad- mittee on the Judiciary. By Mr. LEVIN of Michigan (for him- dition to the Committees on Transportation By Mr. EMMER: self, Ms. PRESSLEY, and Ms. OMAR): H.R. 1495. A bill to amend title XIX of the and Infrastructure, Oversight and Reform, H.R. 1504. A bill to expedite the provision Education and Labor, Ways and Means, Nat- Social Security Act to provide coverage of humanitarian assistance, including life- under the Medicaid program for services for ural Resources, Armed Services, Foreign Af- saving medical care, to the people of North fairs, Science, Space, and Technology, Intel- the treatment of psychiatric or substance Korea, and for other purposes; to the Com- use disorders furnished to certain individuals ligence (Permanent Select), and Financial mittee on Foreign Affairs, and in addition to Services, for a period to be subsequently de- in an institution for mental diseases, and for the Committee on Financial Services, for a termined by the Speaker, in each case for other purposes; to the Committee on Energy period to be subsequently determined by the consideration of such provisions as fall with- and Commerce. Speaker, in each case for consideration of in the jurisdiction of the committee con- By Mr. FEENSTRA (for himself, Mr. such provisions as fall within the jurisdic- cerned. JOHNSON of Ohio, Mr. BROOKS, Mr. tion of the committee concerned. By Mr. PERRY: BABIN, Mr. CAWTHORN, Mrs. HINSON, By Mr. LOWENTHAL (for himself, Mr. H.R. 1513. A bill to require that all Special Mr. HUDSON, Mr. LAMBORN, Mr. BUCK, GRIJALVA, Mr. LEVIN of California, Drawing Rights allocations be authorized by Mr. HICE of Georgia, Mr. HIGGINS of Mr. CARTWRIGHT, Ms. LEE of Cali- Congress in law; to the Committee on Finan- Louisiana, Mr. HAGEDORN, and Mrs. fornia, Ms. BARRAGA´ N, and Mr. cial Services. MILLER-MEEKS): HUFFMAN): By Mr. PETERS: H.R. 1496. A bill to require U.S. Immigra- H.R. 1505. A bill to amend the Mineral H.R. 1514. A bill to amend the Federal tion and Customs Enforcement to take into Leasing Act to make certain adjustments to Power Act to increase transmission capacity custody certain aliens who have been the regulation of surface-disturbing activi- for clean energy, reduce congestion, and in- charged in the United States with a crime ties and to protect taxpayers from unduly crease grid resilience; to the Committee on that resulted in the death or serious bodily bearing the reclamation costs of oil and gas Energy and Commerce. injury of another person, and for other pur- development, and for other purposes; to the By Ms. PORTER: poses; to the Committee on the Judiciary. Committee on Natural Resources. H.R. 1515. A bill to amend the Federal Elec- By Mr. FOSTER: By Mr. LOWENTHAL (for himself, Mr. tion Campaign Act of 1971 to provide for the H.R. 1497. A bill to amend the Expedited GRIJALVA, Mr. LEVIN of California, treatment of payments for child care and Funds Availability Act to require funds de- Ms. LEE of California, and Ms. POR- other personal use services as an authorized posited by check from the Federal Govern- TER): campaign expenditure, and for other pur- ment to be made available immediately; to H.R. 1506. A bill to provide for the accurate poses; to the Committee on House Adminis- the Committee on Financial Services. reporting of fossil fuel extraction and emis- tration. By Mr. GOOD of Virginia (for himself, sions by entities with leases on public land, By Ms. PORTER: Ms. FOXX, Mr. BUDD, Mr. CAWTHORN, and for other purposes; to the Committee on H.R. 1516. A bill to amend the Federal Elec- Mr. GOHMERT, Mrs. HARSHBARGER, Natural Resources, and in addition to the tion Campaign Act of 1971 to prohibit con- Ms. HERRELL, and Mr. NORMAN): Committee on Agriculture, for a period to be tributions and donations by foreign nation- H.R. 1498. A bill to require that local edu- subsequently determined by the Speaker, in als in connection with State or local ballot cational agencies disclose negotiations with each case for consideration of such provi- initiatives or referenda; to the Committee on teacher unions as a condition for eligibility sions as fall within the jurisdiction of the House Administration. to receive funds under the Elementary and committee concerned. By Ms. PORTER (for herself, Mr. GRI- Secondary School Emergency Relief Fund of By Mr. LUETKEMEYER (for himself JALVA, and Mr. LOWENTHAL): the Education Stabilization Fund of the and Mr. GOLDEN): H.R. 1517. A bill to amend the Mineral Coronavirus Response and Relief Supple- H.R. 1507. A bill to require each agency, in Leasing Act to make certain adjustments to mental Appropriations Act, 2021; to the Com- providing notice of a rule making, to include the fiscal terms for fossil fuel development mittee on Education and Labor. a link to a 100 word plain language summary and to make other reforms to improve re- By Mr. GOSAR (for himself, Mr. BIGGS, of the proposed rule; to the Committee on turns to taxpayers for the development of Mr. SCHWEIKERT, and Mrs. LESKO): the Judiciary. Federal energy resources, and for other pur- H.R. 1499. A bill to direct the Secretary of By Mr. LUETKEMEYER (for himself poses; to the Committee on Natural Re- the Interior to convey certain Federal land and Mr. GOLDEN): sources.

VerDate Sep 11 2014 05:25 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00129 Fmt 7634 Sfmt 0634 E:\CR\FM\L02MR7.100 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H1014 CONGRESSIONAL RECORD — HOUSE March 2, 2021 By Mr. RICE of South Carolina (for for the placement of communications facili- H. Res. 184. A resolution expressing support himself, Ms. MACE, Mr. VICENTE GON- ties on certain Federal lands; to the Com- for the designation of the week of March 28, ZALEZ of Texas, and Mr. KIND): mittee on Natural Resources, and in addition 2021, through April 3, 2021, as National Small H.R. 1518. A bill to improve the national to the Committees on Energy and Com- Business Workplace Solutions Week; to the instant criminal background check system merce, and Agriculture, for a period to be Committee on Energy and Commerce. subsequently determined by the Speaker, in in order to search the National Data Ex- f change database when conducting criminal each case for consideration of such provi- background checks; to the Committee on the sions as fall within the jurisdiction of the CONSTITUTIONAL AUTHORITY Judiciary. committee concerned. STATEMENT By Mr. RICE of South Carolina: By Mr. VAN DREW: H.R. 1519. A bill to amend the Internal Rev- H.R. 1526. A bill to require flags of the Pursuant to clause 7 of rule XII of enue Code of 1986 to phaseout the Mass Tran- United States of America to be domestically the Rules of the House of Representa- sit Account; to the Committee on Ways and made, and for other purposes; to the Com- tives, the following statements are sub- Means. mittee on Oversight and Reform, and in addi- mitted regarding the specific powers By Mr. ROY (for himself, Mr. tion to the Committee on the Judiciary, for granted to Congress in the Constitu- CAWTHORN, Mr. BUDD, Mr. CURTIS, a period to be subsequently determined by tion to enact the accompanying bill or the Speaker, in each case for consideration and Mr. SESSIONS): joint resolution. H.R. 1520. A bill to direct the Secretary of of such provisions as fall within the jurisdic- Veterans Affairs to establish a pilot program tion of the committee concerned. By Ms. DEAN: to provide veteran health savings accounts By Mrs. WAGNER (for herself, Mr. H.R. 1477. to allow veterans to receive primary care FLEISCHMANN, and Mr. CUELLAR): Congress has the power to enact this legis- furnished under non-Department direct pri- H.R. 1527. A bill to establish the Homeland lation pursuant to the following: mary care service arrangements, and for Security Investigations victim assistance Article I, Section 8 other purposes; to the Committee on Vet- program, and for other purposes; to the Com- By Mr. TAYLOR: erans’ Affairs. mittee on the Judiciary. H.R. 1478. Congress has the power to enact this legis- By Ms. SHERRILL (for herself, Mr. By Ms. WATERS: H.R. 1528. A bill to require the Securities lation pursuant to the following: KATKO, Mr. SIRES, and Mr. and Exchange Commission to carry out a Article I, Section 8, Clause 3 of the United FITZPATRICK): H.R. 1521. A bill to amend the Higher Edu- study of Rule 10b5-1 trading plans, and for States Constitution cation Act of 1965 to support innovative, evi- other purposes; to the Committee on Finan- By Mr. BARR: cial Services. dence-based approaches that improve the ef- H.R. 1479. By Mr. WESTERMAN (for himself, Mr. Congress has the power to enact this legis- fectiveness and efficiency of postsecondary ROGERS of Alabama, Ms. FOXX, Mr. lation pursuant to the following: education for all students, to allow pay for WEBER of Texas, Mr. MAST, and Mr. Article I, Section 8, Clause 3 of the U.S. success initiatives, to provide additional CRAWFORD): Constitution evaluation authority, and for other purposes; H.R. 1529. A bill to amend the Help Amer- Article II, Section 2, Clause 2 of the U.S. to the Committee on Education and Labor. ica Vote Act of 2002 to require States to con- Constitution By Mr. SOTO (for himself, Miss ´ ´ duct post-election audits for elections for By Mr. BERA: GONZALEZ-COLON, Mrs. MURPHY of Federal office and to provide attestations of H.R. 1480. Florida, Mr. YOUNG, Mr. TORRES of the integrity and security of voter identi- Congress has the power to enact this legis- New York, Mr. DIAZ-BALART, Mr. fication and voter registration list mainte- lation pursuant to the following: RASKIN, Mr. BACON, Mr. BERA, Mr. nance procedures, and for other purposes; to Article I, Section 8 of the U.S. Constitu- BILIRAKIS, Mr. BISHOP of Georgia, Mr. the Committee on House Administration. tion RENDAN OYLE B F. B of Pennsylvania, By Ms. WILD (for herself and Mr. SAR- By Mr. BEYER: ARBAJAL ARSON AS Mr. C , Mr. C , Ms. C - BANES): H.R. 1481. TOR of Florida, Mr. CORREA, Mr. H.R. 1530. A bill to amend the Lobbying Congress has the power to enact this legis- CRIST, Mrs. DEMINGS, Mr. DEUTCH, Disclosure Act of 1995 to expand the scope of lation pursuant to the following: Mr. EVANS, Mr. FOSTER, Ms. LOIS individuals and activities which are subject Article I, Section 8 FRANKEL of Florida, Mr. GALLEGO, to the requirements of such Act; to the Com- By Mr. BISHOP of North Carolina: Mr. GARBARINO, Mr. GIMENEZ, Mr. mittee on the Judiciary. H.R. 1482. HASTINGS, Mr. KATKO, Mr. KILMER, By Mr. WITTMAN: Congress has the power to enact this legis- Mr. KRISHNAMOORTHI, Mr. MCNERNEY, H.R. 1531. A bill to amend title V of the So- lation pursuant to the following: Mr. NORCROSS, Ms. PLASKETT, Mr. cial Security Act to require assurances that Article I, Section 8, Clause 3 POSEY, Mrs. RADEWAGEN, Ms. SALA- certain family planning service projects and By Mr. BLUMENAUER: ZAR, Mr. SAN NICOLAS, Mr. SESSIONS, programs will provide pamphlets containing H.R. 1483. Mr. SIRES, Ms. STEFANIK, Mr. the contact information of adoption centers; Congress has the power to enact this legis- SWALWELL, Mr. TRONE, Mr. VARGAS, to the Committee on Energy and Commerce. lation pursuant to the following: Mr. WALTZ, Ms. WASSERMAN SCHULTZ, By Mr. JOHNSON of Georgia (for him- Clause l of Section 8 of Article I of the Ms. WILD, Ms. WILSON of Florida, Mr. self, Ms. BASS, Mr. BISHOP of Georgia, Constitution. GOMEZ, Mr. BROWN, Mr. JOHNSON of Mr. BOWMAN, Mr. CARSON, Mr. EVANS, By Mr. BLUMENAUER: Georgia, Mrs. BEATTY, Mr. BEYER, Ms. KELLY of Illinois, Mrs. LAW- H.R. 1484. Mr. COHEN, and Ms. BARRAGA´ N): RENCE, Ms. LEE of California, Mr. Congress has the power to enact this legis- H.R. 1522. A bill to provide for the admis- MCGOVERN, Mr. MEEKS, Ms. MOORE of lation pursuant to the following: sion of the State of Puerto Rico into the Wisconsin, Mr. NEGUSE, Ms. OCASIO- Clause 1 of Section 8 of Article I of the Union; to the Committee on Natural Re- CORTEZ, Ms. OMAR, Mr. PAYNE, Mr. Constitution. sources. RUSH, Mr. SAN NICOLAS, Mrs. WATSON By Ms. BLUNT ROCHESTER: By Ms. STEFANIK (for herself, Mrs. COLEMAN, and Ms. WILSON of Florida): H.R. 1485. STEEL, Mr. NORMAN, Mr. GAETZ, Mr. H. Res. 182. A resolution supporting the Congress has the power to enact this legis- COLE, Mrs. MILLER of West Virginia, goals and ideals of the designation of Janu- lation pursuant to the following: Mrs. RODGERS of Washington, and Mr. ary 1, 2015, to December 31, 2024, as the Article I, Section 8, clause 3 HERN): ‘‘International Decade for People of African Article I, Section 8, clause 18 H.R. 1523. A bill to amend the Fair Labor Descent’’; to the Committee on Foreign Af- By Mr. BUDD: Standards Act of 1938 to harmonize the defi- fairs. H.R. 1486. nition of employee with the common law; to By Ms. NORTON (for herself, Mr. LAN- Congress has the power to enact this legis- the Committee on Education and Labor. GEVIN, Mr. YOUNG, and Ms. PORTER): lation pursuant to the following: By Ms. TITUS (for herself, Mr. H. Res. 183. A resolution recommitting the Article 1, Sec. 8 HORSFORD, and Mrs. LEE of Nevada): United States to the promotion of disability By Mr. BURCHETT: H.R. 1524. A bill to require the Secretary of rights and to the values enshrined in the H.R. 1487. Energy to obtain the consent of affected Prologue Room of the Franklin Delano Roo- Congress has the power to enact this legis- State and local governments before making sevelt Memorial in the District of Columbia, lation pursuant to the following: an expenditure from the Nuclear Waste Fund and recognizing the enduring contributions Article I, Section 8, Clause 3 for a nuclear waste repository, and for other that individuals with disabilities have made By Mr. CASTRO of Texas: purposes; to the Committee on Energy and throughout the history of the United States H.R. 1488. Commerce. and the role of the disability community in Congress has the power to enact this legis- By Mr. UPTON: the ongoing struggle for civil rights in the lation pursuant to the following: H.R. 1525. A bill to require the Department United States, and for other purposes; to the Article 1 Section 8 of the U.S. Constitu- of Interior and the Department of Agri- Committee on Natural Resources. tion. culture to establish an online portal to ac- By Mr. WITTMAN (for himself and Mr. By Mr. COHEN: cept, process, and dispose of an application CUELLAR): H.R. 1489.

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Congress has the power to enact this legis- U.S. Constitution, Article I, Section 8 By Mr. MCKINLEY: lation pursuant to the following: By Mr. HUFFMAN: H.R. 1510. Amendment XIV, Section 1: All persons H.R. 1501. Congress has the power to enact this legis- born or naturalized in the United States, and Congress has the power to enact this legis- lation pursuant to the following: subject to the jurisdiction thereof, are citi- lation pursuant to the following: To make all Laws which shall be necessary zens of the United States and of the state Article 1. Section 8 of the United States and proper for carrying into Execution the wherein they reside. No state shall make or Contitution. foregoing Powers, and all other Powers vest- enforce any law which shall abridge the By Mr. KIM of New Jersey: ed by this Constitution in the Government of privileges or immunities of citizens of the H.R. 1502. the United States, or in any Department or United States; nor shall any state deprive Congress has the power to enact this legis- Officer thereof. any person of life, liberty, or property, with- lation pursuant to the following: By Ms. OMAR: out due process of law; nor deny to any per- Article I, Section 8 of the United States H.R. 1511. son within its jurisdiction the equal protec- Constitution Congress has the power to enact this legis- tion of the laws. By Mr. LEVIN of California: lation pursuant to the following: Amendment XIV, Section 5: The Congress H.R. 1503. Article I, Section 8, Clauses 10 and 18 shall have power to enforce, by appropriate Congress has the power to enact this legis- By Mr. PALLONE: legislation, the provisions of this article. lation pursuant to the following: H.R. 1512. This bill is enacted pursuant to the power By Ms. CRAIG: Congress has the power to enact this legis- H.R. 1490. granted to Congress under Article I, Section lation pursuant to the following: Congress has the power to enact this legis- 8, Clause 3 of the United States Constitution. Under Article I, Section 8, Clause 3: [The lation pursuant to the following: By Mr. LEVIN of Michigan: Congress shall have Power] To regulate Com- Article I, Section 8, Clause 1 H.R. 1504. merce with foreign Nations, and among the Congress has the power to enact this legis- ‘‘The Congress shall have Power to . . . several States, and with the Indian Tribes lation pursuant to the following: provide for the . . . general Welfare of the By Mr. PERRY: Article 1, Section 1 of the Constitution. United States; . . .’’ H.R. 1513. By Mr. LOWENTHAL: 3 Congress has the power to enact this legis- H.R. 1505. By Ms. DEAN: Congress has the power to enact this legis- lation pursuant to the following: H.R. 1491. Article 1 Section 8 Congress has the power to enact this legis- lation pursuant to the following: Section 8 of Article 1 of the Constituion By Mr. PETERS: lation pursuant to the following: H.R. 1514. Article I, Section 8 By Mr. LOWENTHAL: H.R. 1506. Congress has the power to enact this legis- By Ms. DEGETTE: Congress has the power to enact this legis- lation pursuant to the following: H.R. 1492. lation pursuant to the following: Article I, Section 8 Congress has the power to enact this legis- Section 8 of Article 1 of the Constituion By Ms. PORTER: lation pursuant to the following: By Mr. LUETKEMEYER: H.R. 1515. Article 1, Section 8. H.R. 1507. Congress has the power to enact this legis- By Mr. DIAZ-BALART: Congress has the power to enact this legis- lation pursuant to the following: H.R. 1493. lation pursuant to the following: Article 1, Section 8 Congress has the power to enact this legis- The Constitutional authority on which By Ms. PORTER: lation pursuant to the following: this bill rests is the power of Congress to lay H.R. 1516. Article 1, Section 8 and collect taxes, duties, imposts, and ex- Congress has the power to enact this legis- By Mrs. DINGELL: cises to pay the debts and provide for the lation pursuant to the following: H.R. 1494. Article 1, Section 8 Congress has the power to enact this legis- common Defense and general welfare of the United States, as enumerated in Article I, By Ms. PORTER: lation pursuant to the following: H.R. 1517. The constitutional authority of Congress Section 8, Clause 1. Thus, Congress has the authority not only to increase taxes, but Congress has the power to enact this legis- to enact this legislation is provided by Arti- lation pursuant to the following: cle I, section 8 of the United States Constitu- also, to reduce taxes to promote the general welfare of the United States of America and Article 1, Section 8 tion. By Mr. RICE of South Carolina: By Mr. EMMER: her citizens. Additionally, Congress has the Constitutional authority to regulate com- H.R. 1518. H.R. 1495. Congress has the power to enact this legis- Congress has the power to enact this legis- merce among the States and with Indian lation pursuant to the following: lation pursuant to the following: Tribes, as enumerated in Article I, Section 8, Section 8 of Article I of the Constitution Article I, Section 8 of the U.S. Constitu- Clause 3. By Mr. RICE of South Carolina: tion By Mr. LUETKEMEYER: H.R. 1519. By Mr. FEENSTRA: H.R. 1508. Congress has the power to enact this legis- H.R. 1496. Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: lation pursuant to the following: The Constitutional authority on which Article 1, Section 8, Clause 18 The Congress Article I Section 8 Clause 4 of the Con- this bill rests is the power of Congress to lay shall have the power to make all laws which stitution and collect taxes, duties, imposts, and ex- shall be necessary and proper for carrying By Mr. FOSTER: cises to pay the debts and provide for the into execution the foregoing powers, and all H.R. 1497. common Defense and general welfare of the other powers vested by the Constitution in Congress has the power to enact this legis- United States, as enumerated in Article I, the Government of the United States, or in lation pursuant to the following: Section 8, Clause 1. Thus, Congress has the any Department or Officer thereof. This bill is enacted pursuant to the power authority not only to increase taxes, but By Mr. ROY: granted to Congress under Article I, Section also, to reduce taxes to promote the general H.R. 1520. 8, Clauses 1 and 18 of the United States Con- welfare of the United States of America and Congress has the power to enact this legis- stitution. her citizens. Additionally, Congress has the lation pursuant to the following: By Mr. GOOD of Virginia: Constitutional authority to regulate com- Article 1, Section 8 of the United States H.R. 1498. merce among the States and with Indian Constitution Congress has the power to enact this legis- Tribes, as enumerated in Article I, Section 8, By Ms. SHERRILL: lation pursuant to the following: Clause 3. H.R. 1521. Article 1, Section 8, Clauses 1 and 18 By Ms. MACE: Congress has the power to enact this legis- By Mr. GOSAR: H.R. 1509. lation pursuant to the following: H.R. 1499. Congress has the power to enact this legis- Clause 18 of Section 8 of Article 1 of the Congress has the power to enact this legis- lation pursuant to the following: Constitution of the United States of America lation pursuant to the following: Article 1, Section 8, Clause 17: By Mr. SOTO: Article IV, Section 3, clause 2 which pro- To exercise exclusive Legislation in all H.R. 1522. vides Congress with the power to ‘‘dispose of Cases whatsoever, over such District (not ex- Congress has the power to enact this legis- and make all needful Rules and Regulations ceeding ten Miles square) as may, by Cession lation pursuant to the following: respecting the Territory and other Property of particular States, and the Acceptance of Article IV, Section 3, of the U.S. Constitu- belonging to the United States.’’ in this case Congress, become the Seat of Government of tion, which provide as follows: the sale of federal land for economic develop- the United States, and to exercise like Au- New States may be admitted by the Con- ment. thority over all Places purchased by the Con- gress into this Union; . . . The Congress shall By Ms. HOULAHAN: sent of the Legislature of the State in which have Power to dispose of and make all need- H.R. 1500. the same shall be, for the Erection of Forts, ful Rules and Regulations respecting the Congress has the power to enact this legis- Magazines, Arsenals, dock-Yards, and other Territory or other Property belonging to the lation pursuant to the following: needful Buildings. United States

VerDate Sep 11 2014 06:29 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00131 Fmt 7634 Sfmt 0634 E:\CR\FM\A02MR7.047 H02MRPT1 SSpencer on DSK126QN23PROD with HOUSE H1016 CONGRESSIONAL RECORD — HOUSE March 2, 2021 By Ms. STEFANIK: ADDITIONAL SPONSORS H.R. 1411: Mr. FULCHER, Mrs. HINSON, Mr. H.R. 1523. FLEISCHMANN, Ms. CHENEY, Mr. LAHOOD, Mr. Under clause 7 of rule XII, sponsors Congress has the power to enact this legis- COLE, and Mr. BOST. lation pursuant to the following: were added to public bills and resolu- H.R. 1419: Mr. POCAN. Article I, Section 8, clauses 3 and 18 of the tions, as follows: H.R. 1437: Mr. PALLONE. Constitution of the United States. [Omitted from the Record of March 1, 2021] H.R. 1438: Mr. PALLONE. By Ms. TITUS: H.R. 97: Mr. TAKANO. H. Con. Res. 9: Mr. DESAULNIER. H.R. 1524. H.R. 167: Mrs. NAPOLITANO. H. Res. 47: Mr. FOSTER and Mr. GALLEGO. Congress has the power to enact this legis- H.R. 265: Mr. DESAULNIER. H. Res. 104: Mr. DESAULNIER. lation pursuant to the following: H.R. 302: Ms. PORTER. H. Res. 114: Mr. ESPAILLAT, Mr. RASKIN, Article I, Section 8 of the United States H.R. 322: Ms. TENNEY, Mr. GARCIA of Cali- Mr. CASE, Mr. LANGEVIN, and Ms. PORTER. Constitution, specifically Clause 3. fornia, Mr. CARL, and Mr. LAMBORN. H. Res. 124: Mr. SCHNEIDER and Mr. PHIL- By Mr. UPTON: H.R. 423: Mr. SIRES. LIPS. H.R. 1525. H.R. 461: Mr. FITZPATRICK and Mr. OWENS. H. Res. 151: Mr. SHERMAN, Mr. BOWMAN, Mr. Congress has the power to enact this legis- H.R. 465: Mrs. CAMMACK. CORREA, Ms. GARCIA of Texas, Ms. PRESSLEY, lation pursuant to the following: H.R. 471: Mr. MCCLINTOCK. Mr. VARGAS, Mr. DEUTCH, Mr. LEVIN of Article I, Section 8, Clause 3—To regulate H.R. 504: Mr. CLYDE and Mr. CLOUD. Michigan, Mrs. MCBATH, Ms. KUSTER, Mr. Commerce with foreign Nations, and among H.R. 522: Mr. NEHLS. CA´ RDENAS, Mr. RUPPERSBERGER, Mr. RUSH, the several States, and with the Indian H.R. 523: Mr. VAN DREW and Mr. HASTINGS. Ms. SA´ NCHEZ, Mr. SAN NICOLAS, Mrs. LAW- Tribes H.R. 545: Mr. BLUMENAUER. RENCE, Ms. HOULAHAN, Mr. SWALWELL, Mr. By Mr. VAN DREW: H.R. 551: Mr. KHANNA. PHILLIPS, Mr. AUCHINCLOSS, Ms. SPEIER, Mr. H.R. 1526. H.R. 571: Ms. BROWNLEY and Mr. KINZINGER. RUIZ, Ms. JOHNSON of Texas, and Mr. COSTA. Congress has the power to enact this legis- H.R. 621: Mr. BACON. H. Res. 160: Mr. BIGGS. lation pursuant to the following: H.R. 677: Mr. GUTHRIE, Mr. WITTMAN, Mr. H. Res. 174: Mr. SWALWELL, Mr. LIEU, and The Congress shall have power to lay and LUCAS, Mr. MOORE of Utah, Mr. BOST, Mr. Mr. LEVIN of California. collect taxes, duties, imposts and excises, to GARCIA of California, Mr. MCKINLEY, Mr. H. Res. 175: Mr. MCGOVERN. pay the debts and provide for the common PFLUGER, Mr. MOOLENAAR, Mr. WILLIAMS of defense and general welfare of the United Texas, Mrs. WALORSKI, Mr. LAHOOD, Ms. CHE- [March 2, 2021] States; but all duties, imposts and excises NEY, Mr. NEWHOUSE, Mr. JOYCE of Pennsyl- H.R. 8: Mr. DEUTCH, Mr. SUOZZI, Mr. DEFA- shall be uniform throughout the United vania, and Mr. OWENS. ZIO, Mrs. HAYES, Mrs. LAWRENCE, Mr. EVANS, States; H.R. 695: Mr. GOLDEN and Mr. JOYCE of Mrs. FLETCHER, Mr. CICILLINE, Mr. BERA, By Mrs. WAGNER: Ohio. Mrs. BEATTY, Mr. CASTRO of Texas, Mr. H.R. 1527. H.R. 707: Ms. VAN DUYNE. BEYER, Ms. MOORE of Wisconsin, Mr. Congress has the power to enact this legis- H.R. 793: Ms. TENNEY and Ms. VELA´ ZQUEZ. HUFFMAN, Mr. LYNCH, Ms. SCHAKOWSKY, Mr. lation pursuant to the following: H.R. 815: Mr. NEGUSE, Ms. WILLIAMS of CASTEN, Mr. COHEN, Mr. PERLMUTTER, Ms. Article I, Section 8, Clause 4, Clause 3, Georgia, Mr. CASE, Mr. RASKIN, Mr. NADLER, NEWMAN, Ms. ROSS, Mr. PANETTA, Mr. Clause 1 Thirteenth Amendment, Fourteenth and Mr. MCEACHIN. MALINOWSKI, Mr. BRENDAN F. BOYLE of Penn- Amendment H.R. 841: Mr. BARR and Mr. PANETTA. sylvania, Mr. PALLONE, Mr. AUCHINCLOSS, By Ms. WATERS: H.R. 842: Ms. BOURDEAUX, Miss RICE of New Mr. LARSON of Connecticut, Mr. HORSFORD, H.R. 1528. York, and Mr. CLYBURN. Ms. ESCOBAR, Mr. MCEACHIN, Mrs. TORRES of Congress has the power to enact this legis- H.R. 852: Mrs. MCBATH. California, Mr. MORELLE, Ms. KAPTUR, Mr. lation pursuant to the following: H.R. 868: Mr. VAN DREW. GARAMENDI, Ms. DEGETTE, Mr. SCOTT of Vir- Pursuant to clause 7 of Rule XII of the H.R. 959: Mr. PRICE of North Carolina. ginia, Ms. WILLIAMS of Georgia, Mr. PRICE of Rules of the House of Representatives, the H.R. 1001: Mr. VAN DREW. North Carolina, Mrs. CAROLYN B. MALONEY of following statement is submitted regarding H.R. 1009: Mr. PANETTA. the specific powers granted to Congress in H.R. 1035: Mr. COHEN and Mr. ROSENDALE. New York, Mr. SIRES, Mrs. TRAHAN, Mr. ´ the Constitution to enact the accompanying H.R. 1045: Ms. FOXX. DESAULNIER, Mr. RASKIN, Ms. VELAZQUEZ, ´ bill or joint resolution. H.R. 1080: Mrs. CAMMACK. Mr. BROWN, Mr. GARCIA of Illinois, Ms. TITUS, Congress has the power to enact this legis- H.R. 1112: Ms. NORTON and Mr. PHILLIPS. Mr. PAYNE, Mr. NEGUSE, Ms. PINGREE, Ms. lation pursuant to the following: H.R. 1113: Mr. FORTENBERRY. MATSUI, Mr. CARTWRIGHT, Ms. NORTON, Mr. Article I, Section 8, cl. 1, To pay debts and H.R. 1168: Mr. TIFFANY. LOWENTHAL, Mr. COOPER, Mr. SMITH of Wash- provide for the common Defense and General H.R. 1193: Mr. DUNCAN, Mr. DUNN, Mrs. ington, Mr. HASTINGS, Mr. TONKO, Ms. Welfare of the United States. BEATTY, Ms. DEGETTE, Mr. VARGAS, and Mr. MCCOLLUM, Mr. STANTON, Mr. SARBANES, Ms. Article I, Section 8 cl. 3, To regulate Com- GOTTHEIMER. MANNING, Mr. CONNOLLY, Ms. JACOBS of Cali- ´ merce with Foreign Nations, Among the Sev- H.R. 1200: Mr. BRENDAN F. BOYLE of Penn- fornia, Ms. BROWNLEY, Ms. SANCHEZ, Mr. eral States, and with the Indian Tribes. sylvania and Mr. GRIJALVA. RUPPERSBERGER, Ms. SCANLON, Mr. Article I, Section 8, cl. 18, To make all H.R. 1210: Ms. STEFANIK. SWALWELL, Mr. BLUMENAUER, Ms. PORTER, laws which shall be necessary and proper for H.R. 1221: Mr. CARTWRIGHT, Mr. KHANNA, Mr. YARMUTH, Mr. SHERMAN, Mr. SCHIFF, Mr. carrying into Execution the powers enumer- and Mr. SUOZZI. PHILLIPS, and Mrs. NAPOLITANO. ated under section 8 and all other Powers H.R. 1260: Mr. FITZPATRICK. H.R. 18: Mr. TIFFANY. vested by the Constitution in the Govern- H.R. 1275: Mr. OWENS. H.R. 28: Mr. MOORE of Utah and Mr. ment of the United States, or in any Depart- H.R. 1276: Ms. KAPTUR. LOUDERMILK. ment or Officer th H.R. 1280: Mr. GOTTHEIMER. H.R. 78: Mr. CARTER of Texas. By Mr. WESTERMAN: H.R. 1297: Mr. FOSTER. H.R. 82: Ms. BLUNT ROCHESTER, Mr. GARCI´A H.R. 1529. H.R. 1307: Ms. NORTON, Mr. SUOZZI, and Ms. of Illinois, Mr. ESPAILLAT, Ms. CLARK of Mas- Congress has the power to enact this legis- SCHAKOWSKY. sachusetts, Mr. JOHNSON of Louisiana, Mr. lation pursuant to the following: H.R. 1346: Mr. FERGUSON. GARCIA of California, and Mr. KILMER. Article 1, Section 2, Clause 18. Congress H.R. 1368: Mr. ALLRED, Ms. WILLIAMS of H.R. 248: Ms. LOIS FRANKEL of Florida. has the authority to make all Laws which Georgia, Mr. SOTO, and Ms. BLUNT ROCH- H.R. 265: Ms. JAYAPAL. shall be necessary and proper for carrying ESTER. H.R. 280: Mr. VAN DREW. into Execution the foregoing Powers, and all H.R. 1378: Mr. MALINOWSKI, Mr. ALLRED, H.R. 310: Mrs. LAWRENCE, Mr. WILSON of other Powers vested by the Constitution in Ms. JAYAPAL, Mr. POCAN, Mr. BOWMAN, Mr. South Carolina, Mr. ESPAILLAT, and Mr. the Government of the United States, or in MCEACHIN, and Mr. LAMB. SMITH of Nebraska. any Department or Officer thereof, including H.R. 1379: Mr. NADLER, Ms. PINGREE, Mr. H.R. 322: Mr. MOORE of Alabama. the regulation of health care for citizens for RUIZ, Mr. ESPAILLAT, Ms. TITUS, Mrs. H.R. 393: Ms. NORTON and Ms. CRAIG. the United States TRAHAN, Mr. WELCH, Mr. BLUMENAUER, Ms. H.R. 425: Mrs. DEMINGS. By Ms. WILD: MOORE of Wisconsin, and Mrs. WATSON COLE- H.R. 431: Mr. RUTHERFORD, Mr. BILIRAKIS, H.R. 1530. MAN. Mr. YOUNG, Mr. POSEY, Mr. RUPPERSBERGER, Congress has the power to enact this legis- H.R. 1381: Mr. BAIRD and Mr. STIVERS. Mr. NEGUSE, and Ms. CRAIG. lation pursuant to the following: H.R. 1385: Mr. FITZPATRICK. H.R. 485: Ms. UNDERWOOD. Article I Section VIII H.R. 1389: Mr. FITZPATRICK. H.R. 492: Mr. GRIJALVA and Ms. MOORE of By Mr. WITTMAN: H.R. 1392: Mr. CICILLINE, Mr. KHANNA, Ms. Wisconsin. H.R. 1531. NORTON, Ms. TITUS, and Ms. OMAR. H.R. 515: Mr. WILLIAMS of Texas. Congress has the power to enact this legis- H.R. 1393: Ms. BASS, Mr. BLUMENAUER, Ms. H.R. 521: Ms. CRAIG. lation pursuant to the following: BUSH, Mr. CARSON, and Mr. COHEN. H.R. 535: Ms. SCHRIER. Article I, section 8, Clause 18 of the Con- H.R. 1396: Mr. KELLY of Pennsylvania. H.R. 565: Ms. SALAZAR. stitution of the United States grants Con- H.R. 1404: Mr. SCOTT of Virginia and Mr. H.R. 568: Mr. KELLY of Pennsylvania, Mr. gress the authority to enact this bill. POCAN. NORMAN, and Mr. BUDD.

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H.R. 581: Mr. MOORE of Utah. H.R. 1148: Ms. FOXX. SIRES, Ms. KUSTER, Mrs. MCBATH, and Mr. H.R. 586: Mr. HASTINGS. H.R. 1149: Ms. FOXX. MALINOWSKI. H.R. 593: Mr. VAN DREW. H.R. 1170: Mr. NUNES. H.R. 1394: Mr. BEYER, Mr. KHANNA, Mr. H.R. 611: Mr. ROUZER and Mrs. LESKO. H.R. 1173: Mrs. HINSON. BLUMENAUER, and Ms. CRAIG. H.R. 619: Mr. CALVERT and Mr. RICE of H.R. 1177: Mr. FOSTER, Mr. GARCI´A of Illi- H.R. 1396: Mr. BEYER and Mr. SUOZZI. South Carolina. nois, Mr. HIGGINS of New York, Mr. H.R. 1407: Mr. KHANNA and Ms. SLOTKIN. H.R. 637: Mrs. HINSON. HUFFMAN, Mr. KEATING, Ms. KELLY of Illi- H.R. 1442: Mr. KATKO, Mr. CRIST, and Mr. H.R. 677: Mrs. BICE of Oklahoma, Mr. nois, Ms. MOORE of Wisconsin, Mr. RASKIN, HORSFORD. BRADY, Mr. C. SCOTT FRANKLIN of Florida, Ms. SEWELL, Mr. LARSEN of Washington, Mr. H.R. 1446: Mr. BEYER, Ms. BROWNLEY, Mr. Mr. FITZPATRICK, Mr. KELLER, Mr. CLINE, KRISHNAMOORTHI, and Mr. BRENDAN F. BOYLE CASE, Ms. CASTOR of Florida, Mr. CASTRO of Mrs. HARSHBARGER, Mr. FEENSTRA, Mr. CAR- of Pennsylvania. Texas, Mr. DEFAZIO, Ms. DEGETTE, Mr. TER of Georgia, Mr. THOMPSON of Pennsyl- H.R. 1180: Mr. POCAN. EVANS, Mr. FOSTER, Ms. GARCIA of Texas, Mr. vania, Mr. MANN, Mr. ROGERS of Kentucky, H.R. 1183: Mr. BLUMENAUER. HIMES, Mr. HORSFORD, Ms. KELLY of Illinois, Mr. STEIL, Mr. BILIRAKIS, Mr. LAMALFA, Mr. H.R. 1193: Mr. MCKINLEY, Mr. Mr. LYNCH, Mr. POCAN, Miss RICE of New SESSIONS, Mr. LOUDERMILK, Mr. KELLY of FLEISCHMANN, Mr. ZELDIN, Mr. MORELLE, Mr. York, Ms. ROSS, Ms. SCANLON, Mr. SIRES, Mr. Mississippi, Mrs. HARTZLER, Mr. OBERNOLTE, BUTTERFIELD, and Mr. GALLAGHER. SUOZZI, and Mr. YARMUTH. Mr. POSEY, Mr. ISSA, Ms. TENNEY, Mrs. MIL- H.R. 1195: Mr. VARGAS, Ms. HOULAHAN, Mr. H.R. 1451: Ms. TLAIB. LER-MEEKS, Mr. WEBSTER of Florida, Mr. STANTON, Mr. POCAN, Ms. MCCOLLUM, Mr. H.R. 1458: Ms. VELA´ ZQUEZ, Ms. SHERRILL, GRAVES of Louisiana, Mr. HUIZENGA, Mr. PRICE of North Carolina, Mr. CICILLINE, Mrs. Mr. MFUME, Ms. SCHAKOWSKY, Mr. RYAN, Ms. NORMAN, Mr. VALADAO, Mr. FORTENBERRY, BEATTY, Mr. CRIST, Ms. OMAR, Mr. BLU- DAVIDS of Kansas, Ms. TLAIB, Mr. and Mr. ARMSTRONG. MENAUER, Mr. VELA, Mr. CROW, Ms. DEGETTE, O’HALLERAN, and Mr. RASKIN. H.R. 684: Mr. DAVIDSON. Ms. TITUS, Mr. RYAN, Mr. DEUTCH, Ms. CRAIG, H.R. 1465: Mrs. HINSON. H.R. 695: Ms. WILSON of Florida. Mr. SUOZZI, Mr. SMITH of Washington, Miss H.R. 1472: Mr. GALLAGHER. H.R. 707: Mrs. HARSHBARGER and Mr. BUDD. RICE of New York, Ms. GARCIA of Texas, Ms. H.R. 1476: Mr. STIVERS. ´ H.R. 708: Mr. TRONE. SANCHEZ, Mr. BUTTERFIELD, Mr. BRENDAN F. H.J. Res. 3: Mr. FULCHER. H.R. 721: Mr. AUCHINCLOSS. BOYLE of Pennsylvania, Mr. NORCROSS, Mr. H.J. Res. 12: Ms. TENNEY and Mr. CLOUD. H.R. 746: Mr. RYAN. CARBAJAL, Mr. DEFAZIO, Mr. GARAMENDI, Mr. H. Con. Res. 20: Mr. MOOLENAAR and Mr. H.R. 773: Mr. HASTINGS. SCHIFF, Mr. RUSH, Ms. DELBENE, and Ms. GIBBS. H.R. 787: Mr. VAN DREW. SPEIER. H. Res. 47: Ms. PORTER and Mrs. MCBATH. H.R. 795: Mr. MCCAUL. H.R. 1208: Mr. MALINOWSKI. H. Res. 114: Mr. COLE, Mr. SMITH of New H.R. 1210: Ms. HERRELL, Mr. CLOUD, Mr. H.R. 812: Mrs. BICE of Oklahoma. Jersey, and Mr. LATTA. BURCHETT, Mr. PERRY, and Mr. POSEY. H.R. 816: Mr. POCAN. H. Res. 117: Mr. BAIRD. H.R. 1215: Mr. BACON. H.R. 837: Mr. WEBER of Texas, Mr. NORMAN, H. Res. 118: Mr. RICE of South Carolina, Mr. H.R. 1226: Ms. CRAIG. Mr. BABIN, Mrs. HARTZLER, Mr. DUNCAN, Mr. VARGAS, Mr. FALLON, Mr. GARBARINO, Mrs. H.R. 1247: Ms. BASS and Mr. FITZPATRICK. ADERHOLT, Mr. GOOD of Virginia, Mr. MASSIE, AXNE, Mr. WILLIAMS of Texas, Ms. SALAZAR, H.R. 1254: Mr. BISHOP of North Carolina. Mr. C. SCOTT FRANKLIN of Florida, Mr. Mr. SMITH of Nebraska, Mr. CARL, Mr. GREEN H.R. 1260: Ms. KUSTER. CHABOT, Mr. KELLER, and Mr. COLE. of Texas, and Mr. BAIRD. H.R. 1268: Mr. CARSON. H.R. 884: Mr. COHEN. HOMPSON H.R. 1270: Ms. OMAR. H. Res. 119: Mr. T of California, H.R. 890: Mr. LEVIN of Michigan, Mr. H.R. 1275: Mr. HUDSON. Ms. CASTOR of Florida, Mr. NADLER, and Mr. AMODEI, Mr. POSEY, Mr. CARBAJAL, Mr. H.R. 1276: Mr. ZELDIN, Mrs. LURIA, and Mr. BOST. BACON, Mr. PALLONE, Ms. SCHRIER, and Ms. MEIJER. H. Res. 131: Ms. NORTON. SLOTKIN. H.R. 1280: Mr. CRIST. H. Res. 159: Mr. COLE and Mrs. LESKO. H.R. 909: Mr. VAN DREW. H.R. 1283: Mr. CARBAJAL. H. Res. 160: Mr. BAIRD. H.R. 941: Mr. SCHRADER. H.R. 1284: Mr. MCHENRY and Mr. H. Res. 174: Ms. CHU. H.R. 959: Mr. AUCHINCLOSS. WESTERMAN. H.R. 963: Ms. HOULAHAN. H.R. 1285: Mr. FITZPATRICK. f H.R. 966: Mr. TORRES of New York. H.R. 1291: Mr. NEWHOUSE, Mr. GUEST, Mr. H.R. 991: Mr. JACKSON. BALDERSON, Mr. DUNN, and Mr. MCKINLEY. CONGRESSIONAL EARMARKS, LIM- H.R. 992: Mr. BIGGS. H.R. 1297: Mr. FALLON and Mr. HAGEDORN. ITED TAX BENEFITS, OR LIM- H.R. 1012: Mr. HORSFORD. H.R. 1298: Mr. LUCAS, Mrs. BICE of Okla- ITED TARIFF BENEFITS H.R. 1021: Mrs. CAMMACK. homa, and Mr. COLE. H.R. 1022: Mr. STEWART, Mr. STEUBE, Ms. H.R. 1313: Mr. EVANS, Mr. PANETTA, Mrs. Under clause 9 of rule XXI, lists or HERRERA BEUTLER, Mr. VALADAO, and Mr. KIRKPATRICK, Ms. HOULAHAN, Ms. KAPTUR, statements on congressional earmarks, COHEN. Mr. COHEN, Mr. RUSH, Ms. SCANLON, Ms. limited tax benefits, or limited tariff H.R. 1026: Mr. VAN DREW. MOORE of Wisconsin, and Ms. KUSTER. benefits were submitted as follows: H.R. 1028: Mr. FALLON. H.R. 1322: Mr. BAIRD and Mr. LAHOOD. H.R. 1035: Mr. SWALWELL, Ms. SCHRIER, and H.R. 1323: Mr. BAIRD and Mr. LAHOOD. OFFERED BY MR. SCHIFF Mr. BAIRD. H.R. 1348: Mr. JONES. The provisions that warranted a referral to H.R. 1062: Mr. RYAN. H.R. 1349: Mr. BALDERSON. the Committee on March 1, 2021 in H.R. 1 do H.R. 1065: Mr. MEIJER and Ms. SLOTKIN. H.R. 1362: Mr. GIBBS. not contain any congressional earmarks, H.R. 1145: Mrs. CAMMACK, Mr. FEENSTRA, H.R. 1368: Mr. PHILLIPS, Mr. SARBANES, Mr. limited tax benefits, or limited tariff bene- Mr. CLOUD, and Mr. GREEN of Texas. CASTEN, Mrs. FLETCHER, Mr. DOGGETT, Mr. fits as defined in clause 9 or rule XXI.

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Vol. 167 WASHINGTON, TUESDAY, MARCH 2, 2021 No. 39 Senate The Senate met at 7:09 p.m. and was hour be deemed expired, the Journal of ate completes its business today, it ad- called to order by the Honorable JOHN proceedings be approved to date, the journ until 12 noon on Wednesday, W. HICKENLOOPER, a Senator from the time for two leaders be reserved for March 3; further, that following the State of Colorado. their use later in the day, and the Sen- prayer and pledge, the morning hour be f ate be in a period of morning business deemed expired, the Journal of pro- with Senators permitted to speak ceedings be approved to date, the time APPOINTMENT OF ACTING therein for up to 10 minutes each. for the two leaders be reserved for their PRESIDENT PRO TEMPORE The ACTING PRESIDENT pro tem- use later in the day, and the Senate be The PRESIDING OFFICER. The pore. Without objection, it is so or- in a period of morning business, with clerk will please read a communication dered. Senators permitted to speak therein to the Senate from the President pro f for up to 10 minutes each. tempore (Mr. LEAHY). The ACTING PRESIDENT pro tem- The senior assistant legislative clerk MEASURES PLACED ON THE CALENDAR—H.R. 5 and H.R. 1319 pore. Without objection, it is so or- read the following letter: dered. U.S. SENATE, Mr. SCHUMER. Mr. President, I un- PRESIDENT PRO TEMPORE, derstand that there are two bills at the f Washington, DC, March 2, 2021. desk due for a second reading en bloc. To the Senate: The ACTING PRESIDENT pro tem- ADJOURNMENT UNTIL TOMORROW Under the provisions of rule I, paragraph 3, pore. The clerk will read the bills by ti- of the Standing Rules of the Senate, I hereby tles for the second time. Mr. SCHUMER. Mr. President, if appoint the Honorable JOHN W. The senior assistant legislative clerk read there is no further business to come be- HICKENLOOPER, a Senator from the State of as follows: fore the Senate, I ask unanimous con- Colorado, to perform the duties of the Chair. A bill (H.R. 5) to prohibit discrimination sent that it stand adjourned under the PATRICK J. LEAHY, on the basis of sex, gender identity, and sex- previous order. President pro tempore. ual orientation, and for other purposes. Mr. HICKENLOOPER thereupon as- A bill (H.R. 1319) to provide for reconcili- There being no objection, the Senate, sumed the Chair as Acting President ation pursuant to title II of S. Con. Res. 5. at 7:11 p.m., adjourned until Wednes- pro tempore. Mr. SCHUMER. In order to place the day, March 3, 2021, at 12 noon. f bills on the calendar under the provi- sions of rule XIV, I object to further f RECOGNITION OF THE MAJORITY proceedings en bloc. LEADER The ACTING PRESIDENT pro tem- MEASURES PLACED ON THE The ACTING PRESIDENT pro tem- pore. Objection having been heard, the CALENDAR pore. The majority leader. bills will be placed on the calendar. The following bills were read the sec- f f ond time, and placed on the calendar: ORDERS FOR TUESDAY, MARCH 2, ORDERS FOR WEDNESDAY, MARCH H.R. 5. An act to prohibit discrimination 2021 3, 2021 on the basis of sex, gender identity, and sex- ual orientation, and for other purposes. Mr. SCHUMER. Mr. President, I ask Mr. SCHUMER. Mr. President, I ask H.R. 1319. An act to provide for reconcili- unanimous consent that the morning unanimous consent that when the Sen- ation pursuant to title II of S. Con. Res. 5.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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PERSONAL EXPLANATION ambitious woman of God, Pastor Lora Miles. Texaco and Chevron Washington offices, Pastor Miles has shown what can be done Greg has decided to hang up his hard hat for HON. RON ESTES through hard work, dedication and a desire to good and enter retirement. OF KANSAS teach the word of God. Throughout his career, Greg has shown his IN THE HOUSE OF REPRESENTATIVES Recently, Pastor Miles was recognized by strong Louisiana work ethic and his ‘‘come the Yazoo County Regional Facility Chap- early, stay late’’ attitude. He has always been Tuesday, March 2, 2021 laincy’s Department as its first African Amer- eager to share his love of Louisiana and our Mr. ESTES. Madam Speaker, I was not ican female prison minister. culture with everyone he meets. He has con- present for Roll Call vote No. 50 on agreeing Pastor Miles is a native of Elizabeth, Mis- tinued to approach his work with an enthusi- to the Resolution (H. Res. 179) on H.R. 1 (For sissippi, and currently serves as the Pastor of astic and positive outlook. As a result, he is the People Act) and H.R. 1280 (George Floyd the Everlasting Love Ministry in Leland, MS. well known and well liked, and his decision to Justice in Policing Acting). Had I been She has been involved in ministry work for retire certainly leaves a void that will be hard present, I would have voted ‘‘no.’’ nearly 30 years. It was after the passing of her to fill. I know all his friends and colleagues will f son in 2014 that she hit the ground running in miss him dearly. prison ministry—a safe haven to encourage Greg and Cassandra, his lovely wife of 40 INTRODUCTION OF THE PUBLIC her heart. She started her prison ministry at years, are looking forward to spending more BUILDINGS RENEWAL ACT OF 2021 the Washington County Correctional Facility of time together in their well-earned retirement. I Greenville, where she gives messages of expect that this will surely include more time HON. EARL BLUMENAUER hope and faith to hundreds of female inmates. in his hometown of New Orleans. OF OREGON In 2019, Pastor Miles decided to expand her I wish Greg and Cassandra all the best. IN THE HOUSE OF REPRESENTATIVES prison ministry to Yazoo County, where she f Tuesday, March 2, 2021 now serves as the first female to minister at the Yazoo County Regional Correctional Facil- IN RECOGNITION OF THE 90TH AN- Mr. BLUMENAUER. Madam Speaker, today NIVERSARY OF THE NATIONAL I introduced the Revitalizing Economies, Hous- ity, an all-male state facility. Through her services in Yazoo County, in- LIBRARY SERVICE FOR THE ing, and Businesses (REHAB) Act of 2021. BLIND AND PRINT DISABLED This legislation incentivizes equitable transit- mates continue to receive Christ and inspira- oriented development by providing a 15 per- tions through her messages of love. On Friday cent tax credit for expenses related to the re- nights, at the Yazoo County Regional Correc- HON. RODNEY DAVIS habilitation of buildings that are more than 50 tional Facility, there are not enough chairs to OF ILLINOIS years old, including adjacent development on accommodate all the men who are eager to IN THE HOUSE OF REPRESENTATIVES attend the church services led by Pastor the same block, provided that the project is Tuesday, March 2, 2021 within a half-mile of an existing or planned Miles. She is making a significant impact at Mr. RODNEY DAVIS of Illinois. Madam public transportation center. The legislation the facility, and the lives of many men are Speaker, today I rise to recognize a great ac- also provides a bonus credit of 25 percent for being transformed. complishment—the 90th anniversary of the expenses associated with the provision of af- Madam Speaker, I ask my colleagues to join National Library Service for the Blind and Print fordable housing and public infrastructure. me in recognizing Pastor Lora Miles for her Disabled. In my role as ranking member of the While existing community development in- dedication to serving others and giving back to Committee on House Administration, I’ve had centives do an excellent job at targeting their her community. the great opportunity to learn about the many segment of the market, there is a noticeable f services the Library of Congress provides— gap in equitable transit-oriented development. IN RECOGNITION OF GREGORY J. not only Congress, but to all Americans. One As more Americans move to urban areas, WASHINGTON ON THE OCCASION of its most notable and inspiring is the Na- communities face difficult decisions in accom- OF HIS RETIREMENT tional Library Service, or NLS, an institution modating increased congestion and afford- committed to serving readers with disabilities ability concerns, all while seeking to keep their with the mission of ensuring ‘‘that all may carbon footprint light. By focusing on the reha- HON. STEVE SCALISE read’’. bilitation of existing assets that are near public OF LOUISIANA The history of the NLS began in 1897, with transportation, projects are lighter on the land IN THE HOUSE OF REPRESENTATIVES the seventh Librarian of Congress, John Rus- and residents can more easily access jobs Tuesday, March 2, 2021 sell Young, established a reading room for the and services via transit. Encouraging afford- Mr. SCALISE. Madam Speaker, it is my blind that included more than 500 books and able housing investments in transit-rich areas pleasure to extend my personal congratula- music items in raised characters. By 1913, will transform areas that are often some of the tions and best wishes to Mr. Gregory J. Wash- Congress began to require that one copy of least affordable. Taken together, provisions in ington, a New Orleans native, on the occasion each book be made in raised characters and the REHAB Act encourage preservation, ac- of his retirement this year. available at the Library of Congress for edu- cessibility, and affordability and will create Greg began his forty-year career in the en- cational use, but the collection had its limits, more livable communities. I look forward to working with my colleagues ergy sector as a ‘‘roughneck’’ in the fields of as it was only available to visit in-person. in the House and Senate to include this legis- south Louisiana during his high school sum- In 1930, Representative Ruth Pratt of New lation in an upcoming infrastructure investment mer breaks. For those of us who know Greg, York and Senator Reed Smoot of Utah led a package. it seems obvious that he would find success in movement to make the collection more acces- the industry that offered him his first job. After sible across the country, leading to the pas- f graduating from Southern Methodist University sage of the Pratt-Smoot Act, which, on March HONORING LORA MILES in 1978, Greg started with Texaco as a 3, 1931, created what we know today as the ‘‘landman’’ in New Orleans and went on to be- National Library Service. In the 90 years since HON. BENNIE G. THOMPSON come the State Mineral Board Representative then, the NLS has expanded its service to OF MISSISSIPPI from 1986 to 1990. Greg was later promoted reach children and individuals with additional IN THE HOUSE OF REPRESENTATIVES to be Texaco’s Senior Public and Government types of physical and reading disabilities Affairs Representative for Louisiana and was through not only books, but the world’s largest Tuesday, March 2, 2021 eventually asked to transfer to Washington, accessible music materials collection. Mr. THOMPSON of Mississippi. Madam D.C., for what he thought would be a short- But this 90th anniversary isn’t only a cele- Speaker, I rise today to honor a tenacious and term assignment. After many years with the bration of the NLS, it is a celebration of the

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 05:54 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MR8.001 E02MRPT1 SSpencer on DSK126QN23PROD with REMARKS E190 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 2021 central role local libraries play in connecting IN RECOGNITION OF NATIONAL many lives and hearts. Bonnie was a member constituents across our entire country to its SMALL BUSINESS WORKPLACE of the First Christian Church and enjoyed trav- collection. In my own state, NLS and the Illi- SOLUTIONS WEEK eling. Most of all, she was a people person nois State Library Talking Book and Braille who loved her family and friends. Service provide service to nearly 10,000 indi- HON. ROBERT J. WITTMAN Bonnie is survived by her husband, John, as viduals and institutions in Illinois. This includes OF VIRGINIA well as her children Sue (Patrick) Pittman, more than 1,000 individual patrons and institu- IN THE HOUSE OF REPRESENTATIVES Laurie J. Pittman, Jamie (Keith) Fletcher, John tions in my district. Tuesday, March 2, 2021 (Vicki) Pittman Jr., Roger (Gail) Pittman, her Madam Speaker, the National Library Serv- five grandchildren, three great-grandchildren, Mr. WITTMAN. Madam Speaker, I rise ice for the Blind and Print Disabled is one of her sisters Blanche Hart and Betty Bell, her today in support of designating the week of those magical programs that exemplify the sister-in-law Jill Chambers, along with many March 28, 2021, through April 3, 2021, as Na- good our government can do for all Ameri- nieces, nephews, and countless friends who tional Small Business Workplace Solutions cans, especially our sisters and brothers with she considered family. She was preceded in Week. While small businesses are always de- disabilities. Today, I give them my congratula- death by her parents and her brother Floyd serving of our support and recognition, this is tions on their 90th anniversary, my apprecia- ‘‘Butch’’ Chambers, Jr. particularly true during the current COVID–19 tion of their commitment to access and lit- pandemic. I am proud to be friends with Bonnie’s eracy, and my thanks for all they do. The workplace solutions industry is com- daughter, Judge Laurie Pittman. My deepest prised of small businesses across all 50 condolences go out to Judge Pittman, Bon- f states. During the COVID–19 pandemic, the nie’s entire family, and to all whose lives she Department of Homeland Security deemed touched. HONORING ADAM POLITZER workplace solutions businesses essential as they assisted hospitals, nursing homes, f schools, law enforcement, and local govern- HON. JARED HUFFMAN ments. Additionally, the workplace solutions in- RECOGNIZING LINDA EIDINGER OF CALIFORNIA dustry provided critical support to businesses AND HER SERVICE TO THE FORT which were forced to move from in-person of- LAUDERDALE COMMUNITY IN THE HOUSE OF REPRESENTATIVES fice to home offices. The industry’s work with Tuesday, March 2, 2021 both the public and private sectors proved to be crucial. HON. THEODORE E. DEUTCH Mr. HUFFMAN. Madam Speaker, I rise Like other small businesses, the workplace OF FLORIDA today in recognition of Adam Politzer upon his solutions industry has struggled over the retirement from a distinguished 20 year career course of the pandemic. The industry is grate- IN THE HOUSE OF REPRESENTATIVES in service to the City of Sausalito. ful for PPP loans and the other federal assist- Tuesday, March 2, 2021 Adam was born and raised in Sausalito, and ance it has received, but recovery is still slow. he graduated from Tamalpais High School. Many small businesses face the prospect of Mr. DEUTCH. Madam Speaker, today I rise His career in local government began in 1987 closing their doors for good unless the eco- to honor Linda Eidinger for her years of dedi- as a recreation manager in Palo Alto. He later nomic picture continues to improve. Times cated service to the South Florida community. joined the City of Sausalito in 2000 as a parks have been tough for small businesses, but we After twenty years as a union officer in Pitts- and recreation director and quickly moved up can finally see a bright future beginning to burgh, Pennsylvania, Linda moved to South the ranks to become the City’s chief adminis- peak over the horizon. The Congressional Florida where she has lived a life of commu- trator. Upon his retirement Adam was the Budget Office projects over 4 percent GDP nity service and activism. Linda is a proud longest serving City Manager for Sausalito. growth this year. In other words, our economy mother and grandmother, and her roots in is ready to come roaring back as soon as we union work inspired her to continue to fight on During his tenure with the City Adam pro- beat the pandemic. behalf of working families everywhere. duced substantial improvements to the quality Therefore, Madam Speaker, I ask that you of life for the City’s residents and visitors. rise with me in support of the workplace solu- As president and an active member of many Among his numerous achievements, Adam tions industry. The resolution to designate civic organizations, Linda engaged her com- successfully led efforts to revitalize Robin March 28, 2021 through April 3, 2021, as Na- munity and brought people together to ad- Sweeney Park, Dunphy Park, Martin Luther tional Small Business Workplace Solutions vance noble causes. As a leader in the Amer- King Jr. Park, and Southview Park; oversaw Week is a signal of support for this recovering ican Association of University Women and the the consolidation of the Sausalito Fire Depart- industry and small businesses across the Organization for Rehabilitation through Train- ment with the Southern Marin Fire District; and United States. Finally, I want to thank Amer- ing, Linda was a strong believer in the power managed development projects for new public ica’s small businesses for their dedication and of education and worked to ensure that every- safety buildings. Adam was also valued by the sacrifice during the COVID–19 pandemic, and one has access to an education to enable city council and staff for his skilled steward- I wish them God’s blessings as they continue them to succeed in life. ship of taxpayer dollars and helping the City to serve the American people. Linda was also president of the Fort Lauder- maintain financial stability throughout eco- f dale Democrats By The Sea Club where she nomic challenges including the COVID–19 fought for working families and other causes pandemic. REMEMBERING BONNIE L. while making simple meetings enjoyable and PITTMAN Over the years Adam became a strong memorable. Linda was an excellent moderator mentor for the next generation of municipal and brought a wide range of thoughtful speak- leaders, launching the Southern Marin Man- HON. TIM RYAN ers to various events and meetings. Environ- agement Academy to help train aspiring public OF OHIO mental stewardship is also an important cause servants. Adam is well-known by Sausalito IN THE HOUSE OF REPRESENTATIVES to Linda, who participated in and organized and Marin County residents, business owners, Tuesday, March 2, 2021 events such as recycling drives, beach clean- and colleagues for his thoughtful leadership ups, and other activities to protect the local Mr. RYAN. Madam Speaker, I rise today to environment. and willingness to thoroughly explore and pur- honor the life of Bonnie L. Pittman, of Ra- sue the best solutions to complex problems. venna, Ohio, who passed away on February Linda has been a selfless, dedicated, and Adam’s commitment to the community of 16, 2021 at the age of 82. positive member of her family and her commu- Sausalito has been, and will continue to be, Bonnie was born January 2, 1939, in nity, fighting for important causes like edu- productive and enduring. Madam Speaker, I Gassville, Arkansas, to parents Floyd and cation, environmental protection, and so many respectfully ask that you join me in expressing Florence (McFarlan) Chambers. She married others. gratitude to Adam for his extensive public the love of her life, John, on February 15, Madam Speaker, I ask my colleagues to join service and extending to him congratulations 1958. me in recognizing Linda Eidinger, and her on his retirement and best wishes on his next Mrs. Pittman managed Tucaway Lake service to Fort Lauderdale and Florida’s 22nd endeavors. Campground with John, where she touched Congressional District.

VerDate Sep 11 2014 05:44 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A02MR8.005 E02MRPT1 SSpencer on DSK126QN23PROD with REMARKS March 2, 2021 CONGRESSIONAL RECORD — Extensions of Remarks E191 PERSONAL EXPLANATION But there are still those in America who dis- Your Family and Community, and Respect agree with diversity. They want to return to a Your Creativity and Intuitiveness.’’ Through an HON. VIRGINIA FOXX time when only a small minority of Americans oral health initiative targeting children, a car- were allowed to have rights and the full pro- diovascular health initiative with the American OF NORTH CAROLINA tections of the U.S. Government. They believe Heart Association targeting African American IN THE HOUSE OF REPRESENTATIVES that ‘white is right’ and everything else is women, educational activities for young chil- Tuesday, March 2, 2021 wrong. Luckily, their numbers have been de- dren focused on STEAM, financial literacy, creasing across the country during the last few English literacy, international affairs, anti-bul- Ms. FOXX. Madam Speaker, I was unable decades. lying, environmental stewardship, and the arts, to attend votes on February 26, 2021. Had I Unfortunately, they are not going quietly. the ‘‘Respect Yourself’’ program has bettered been present, I would have voted NAY on Roll The forces of white supremacy were strength- the health and education of many in our com- Call No. 41; YEA on Roll Call No. 42; YEA on ened and emboldened by former President munity. Over the years, ACCL has been able Roll Call No. 43; YEA on Roll Call No. 44; and Trump. In the last few years, they have acted to serve over 2,800 young Oakland students. NAY on Roll Call No. 45. out in ways both public and private. They were On February 26th, 2021, ACCL will hold its f the ones who attacked our nation’s Capitol 25th annual Respect Yourself Youth Sympo- Building on January 6th. They were the ones HONORING DENISHA GRAY sium. The Symposium directly supports young who wanted to ‘‘hang’’ former Vice President students in Oakland and exposes the students Mike Pence. They were the ones who brought to thought leaders and educational content in HON. BENNIE G. THOMPSON a Confederate flag, one of the nation’s fore- STEM and health studies. OF MISSISSIPPI most symbols of hate and prejudice, into the On behalf of California’s 13th Congressional IN THE HOUSE OF REPRESENTATIVES Capitol Building. And they forced elected offi- District, I want to extend my sincere congratu- cials of both political parties, Republicans and lations on this important milestone of 25 years Tuesday, March 2, 2021 Democrats, to flee for their lives on that fateful of the Respect Yourself Youth Symposium Mr. THOMPSON of Mississippi. Madam day. and 36 years of service. I thank the Alameda Speaker, I rise today to honor a tenacious and We know that white nationalists have be- Contra Costa Chapter of the Links for dedica- ambitious woman, Ms. Denisha Gray. Denisha come empowered to commit acts of hate like tion to excellence and to our community. I has shown what can be done through hard this one nationwide because they had support wish them continued success in working to work, dedication and a desire to educate War- in the White House. In 2019, the total number better the lives of the children and women of ren County youth. of hate crimes rose to 7,312 and marked the color of California’s 13th Congressional Dis- Denisha, a resident of Vicksburg, Mis- fourth increase in the past five years. We trict. sissippi, earned her bachelor’s degree in gen- know that white supremacy-supporting domes- eral studies from Alcorn State in 2013. In tic terrorists pose a greater threat to our na- f 2018, she earned her master’s degree from tion’s peace and security than foreign terror- Louisiana Tech University. ists. And we know how to fight and defeat INTRODUCTION OF THE RURAL Denisha Gray, a second-grade teacher at white nationalism. The question is when are WIND ENERGY MODERNIZATION Dana Road Elementary School, said it is im- we going to defeat it for good? AND EXTENSION ACT OF 2021 portant that, through her teaching, her stu- f dents are connected to the world around HON. EARL BLUMENAUER them, and that the lessons they learn connect HONORING THE 36TH ANNIVER- OF OREGON them to that world. Before joining the staff at SARY OF THE ALAMEDA CONTRA IN THE HOUSE OF REPRESENTATIVES Dana Road Elementary, Gray taught one year COSTA LINKS at Vicksburg Intermediate School, her first with Tuesday, March 2, 2021 the Vicksburg Warren School District. Prior to HON. BARBARA LEE Mr. BLUMENAUER. Madam Speaker, today that, she spent one year as a fourth-grade OF CALIFORNIA I introduced the Rural Wind Energy Mod- teacher and four years as a third-grade teach- IN THE HOUSE OF REPRESENTATIVES ernization and Extension Act of 2021. This er at Wright Elementary School in Tallulah. commonsense proposal builds on the success Tuesday, March 2, 2021 Madam Speaker, I ask my colleagues to join of the small wind investment tax credit by as- me in recognizing Ms. Denisha Gray for her Ms. LEE of California. Madam Speaker, I sisting farmers, ranchers, and small busi- passion and dedication to serving Warren rise today to honor the Alameda Contra Costa nesses in offsetting the up-front costs of de- County and her desire to make a difference in Chapter of the Links (ACCL) for their 36 years veloping and owning distributed wind turbines. the community. of service throughout California’s 13th Con- Small wind turbines are commonly installed f gressional District and the country. on residential, agricultural, commercial, indus- Based in Oakland, California, the Alameda trial, and community sites and can range in SUPPORTING THE CBC’S LIVING Contra Costa Chapter of the Links supports size from a few-hundred-watt turbine at a re- HISTORY EVENT AND CON- local service agencies serving primarily low-in- mote cabin to a 5-kilowatt turbine at a home DEMNING THE CAPITOL INSUR- come, inner-city youth and their families in to a multi-megawatt turbine at a manufacturing RECTION OF JANUARY 6, 2021 Contra Costa and Alameda counties through facility. These systems allow farmers, ranch- volunteer and fundraising efforts. ers, and other consumers to cut their energy HON. DONALD M. PAYNE, JR. The Links, Incorporated was originally bills and, at times, sell power back into the OF NEW JERSEY founded in 1946 and national membership grid. IN THE HOUSE OF REPRESENTATIVES now consists of more than 15,000 professional While this technology has grown in the past women of color. These women are committed decade, federal policy to promote deployment Tuesday, March 2, 2021 to serving as ‘‘volunteers to enriching, sus- of distributed wind has failed to keep up. Cur- Mr. PAYNE. Madam Speaker, I rise today to taining and ensuring the culture and economic rent law has constrained nameplate capacity discuss Black History Month and the insurrec- survival of African Americans and other per- in distributed wind projects and years of short- tion against our Capitol Building on January 6, sons of African ancestry.’’ term extensions have created a significant 2021. The Alameda Contra Costa Chapter of the amount of uncertainty in the distributed wind Since 1926, America has celebrated Black Links was founded in 1985. Its members and market. The Rural Wind Energy Modernization History in some form. It started as a week and leaders have worked since its founding to help and Extension Act would increase the existing now it is a month to honor the achievements East Oakland and the youth who live there 100-kilowatt limitation to 10 megawatts and of Black Americans throughout our nation’s through community service programs. provide long-term certainty for distributed wind history. Schools and organizations conduct In 1996 ACCL established the Community projects for decades to come. seminars and events to highlight the month. It Service Program called ‘‘Respect Yourself.’’ I look forward to working with my colleagues is a positive way to acknowledge the power of This program’s aims are to ‘‘Respect Your in the House and Senate to include this legis- diversity in the growth of our country. Health, Respect Your Knowledge, Respect lation in an infrastructure investment package.

VerDate Sep 11 2014 05:44 Mar 03, 2021 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A02MR8.010 E02MRPT1 SSpencer on DSK126QN23PROD with REMARKS E192 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 2021 HAPPY 90TH ANNIVERSARY TO Barbara Anselmo Chifici who passed away on from Mexico. Before entering the Franciscan THE NATIONAL LIBRARY SERV- January 23, 2021. She is survived by her order in 1957, he served in the U.S. Army dur- ICE FOR THE BLIND AND PRINT seven children, twelve grandchildren, and two ing the Korean War, earning the rank of ser- DISABLED brothers. geant first class. Barbara reached national recognition After completing his seminary studies in HON. ZOE LOFGREN throughout her successful career in the cul- Mallorca, Spain, and Rome, Italy, he was or- OF CALIFORNIA inary industry. For almost 40 years, she dained a Catholic priest in 1965. During his IN THE HOUSE OF REPRESENTATIVES owned Deanie’s Seafood restaurants, which early years in the priesthood, he traveled to Tuesday, March 2, 2021 she operated with her late husband Frank Peru where he spent four years as a mis- Chifici. Known for their overflowing fried sea- sionary. His next assignment took Father Ms. LOFGREN. Madam Speaker, I rise to food platters, Deanie’s restaurants became a Jasso to Mexico where he spent 24 years acknowledge the 90th anniversary of the Na- New Orleans staple and were featured on nu- serving parishes. tional Library Service for the Blind and Print merous local and national news programs. In 1994, at 62 years old, he was named Disabled (‘‘NLS’’). Established by a 1931 Act Barbara was also well-known for giving back pastor of All Saints Catholic Church in Fort of Congress, the NLS administers a free na- to her community. From creating a crawfish Worth in 1994, where he also served on many tional library program that provides braille and and music festival that benefited local charities local boards and commissions, including the recorded materials to people who cannot see and serving as president of a local philan- United Way board and the Task Force on or handle traditional print materials through a thropic organization to her numerous positions Racism. During this lifetime, Father Jasso also national network of cooperating libraries. Since in the St. Mary Magdalen Mothers’ Club and served as a vigilant advocate for immigrants its establishment, the NLS has remained a the Archbishop Rummel High School Parents’ and the disenfranchised in our North Texas leading force in the national effort to increase Club, Barbara played an invaluable role in our community. the access of those with low vision, blindness, community. She will be deeply missed and her Let us live up to Father Jasso’s legacy and or other print disabilities to reading materials impact in Louisiana will be felt for many years. ensure we spend every day living a selfless and a shining example for similar programs I offer my sincerest condolences to her fam- life devoted to those less fortunate. around the world. f Initially established as a program to serve ily, and I know her legacy will undoubtedly live only blind adults, the NLS was expanded in on in our community. HONORING MRS. PATRICIA 1952 to include children, in 1966 to include in- f JOHNSON LOVE dividuals with other physical disabilities that RIDGE HIGH SCHOOL THESPIAN prevent reading traditional print materials, and TROUPE 7742 COLLECTS FOOD HON. BENNIE G. THOMPSON in 2016 to permit NLS to provide refreshable FOR COMMUNITY FOOD BANK OF MISSISSIPPI braille displays. Under a special provision of IN THE HOUSE OF REPRESENTATIVES the U.S. Copyright Law, and with the permis- Tuesday, March 2, 2021 sion of authors and publishers of works not HON. TOM MALINOWSKI covered by that provision, NLS selects books OF NEW JERSEY Mr. THOMPSON of Mississippi. Madam and magazines for full-length publication in IN THE HOUSE OF REPRESENTATIVES Speaker, I rise today to honor a business- braille, e-braille, and digital audio format. Tuesday, March 2, 2021 woman and community leader, Mrs. Patricia These materials (along with free playback Johnson Love. Mr. MALINOWSKI. Madam Speaker, today I Patricia Dale Johnson Love graced the equipment needed to ready audiobooks and rise to honor Ridge High School Thespian earth in September of 1969. She is the third magazines) are circulated to patrons within the Troupe 7742. youngest of many siblings. She was born to United States and its territories and to Amer- As part of New Jersey Thespians’ Trick or the late Lucious and Jessie Mae Johnson. On ican citizens living abroad. The program con- Treat so Kids Can Eat program, Troupe 7742 a gloomy day, while she was only 3 years old, tinues to expand in both its reach and capa- collected close to 170 pounds of food for the in March of 1972, the youngest of the siblings bilities, now allowing for instantly Somerset County Food Bank. Their donation was born. After her mother gave birth to her downloadable digital audio and e-braille mate- efforts came at a critical time for many New little sister, she hemorrhaged and transitioned. rials via the NLS mobile applications and al- Jerseyans who are utilizing community food Ten years later, when she was only 13 years lowing patrons to request accessible materials banks now more than ever before. old, her father passed away. Although Love in a wide range of languages from libraries Ridge High School Thespian Troupe 7742 is was too young to understand, life for her was around the world. comprised of students who not only excel in The banner atop the NLS webpage an- about to be a challenge. the arts, but who also strive to make a dif- She spent her childhood in different homes. nounces the service’s noble mission: ‘‘That All ference in their own neighborhood. Their con- Not all of them were good, but she and her May Read.’’ Over the past 90 years, the NLS, tributions here demonstrate just that. Thank siblings made the best of them. She would which updated its name from the National Li- you to Troupe 7742 for the work they do to often think about the mile walk to the well to brary Service for the Blind and Physically enrich and give back to the Somerset County carry water, with no shoes on, on a rock road. Handicapped in 2019, has been steadfast in community. She and her siblings trusted God every step of its efforts to accomplish this mission, ensuring f the way. that no person be denied the joy of literature Love graduated from Quitman County High and reading because of blindness or disability. HONORING THE LATE FATHER School in 1987. She attended Northwest Com- The impact of the NLS over the past 90 years JASSO munity College and graduated with an asso- has been vast and far-reaching and I look for- ciate degree in Basic Computer Programming. ward to witnessing what the NLS will accom- HON. MARC A. VEASEY While at Northwest, she made her money by plish with another 90 years. On behalf of all of OF TEXAS fixing young ladies’ hair in the dormitory. After us in this House, congratulations to the Na- IN THE HOUSE OF REPRESENTATIVES a year of employment, she decided to save tional Library Service and to those who work her money and attend Cosmetology school. Tuesday, March 2, 2021 tirelessly to make the NLS’s outstanding mis- Love began her career as a licensed cos- sion a reality. Many thanks for all their good Mr. VEASEY. Madam Speaker, I rise today metologist in 1993 at Lewis Beauty Salon in work. to commemorate the legacy of a pillar of our Marks, Mississippi. In 2002, she stepped out f Fort Worth community—Father Jasso. Father on faith and opened her own salon. She want- HONORING THE LIFE OF BARBARA Stephen Jasso was a Man of God who used ed to give new stylists a place to start their ca- ANSELMO CHIFICI his position to advocate for the city’s poor and reer. Her favorite clients were the elderly. She powerless even during his last years when he would pick up those who needed a ride and HON. STEVE SCALISE fought a debilitating disease. take them home. She never gave it a thought Father Jasso served the North Side Catholic because their children would be at work. OF LOUISIANA parish of All Saints in Fort Worth faithfully and Sometimes, she would even have to take IN THE HOUSE OF REPRESENTATIVES tirelessly for 23 years before his retirement in them to the grocery store or the post office be- Tuesday, March 2, 2021 2018. Born in Waco, Texas, Father Jasso was fore driving them home. Mr. SCALISE. Madam Speaker, I rise today one of several children born to the late Do- In 1994 during the ice storm, God gave her to honor the life of New Orleans restauranteur mingo and Leonor Jasso, who came to Texas a gift. She named her gift, Altrevia Rashun

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HIGHLIGHTS Senate confirmed the nomination of Gina Marie Raimondo, of Rhode Is- land, to be Secretary of Commerce. Senate On the Legislative Day of Tuesday, March 2, Chamber Action 2021: (Legislative Day of Monday, March 1, 2021) Measures Placed on the Calendar: Page S997 Routine Proceedings, pages S965–S996 Record Votes: Three record votes were taken today. Legislative Day of Monday, March 1, 2021: (Total—72) Pages S974–75, S986 Measures Introduced: Thirty-five bills and one res- Adjournment: Senate convened at 10:30 a.m. and olution were introduced, as follows: S. 518–552, and adjourned at 7:07 p.m., to then reconvene at 7:09 S. Res. 86. Pages S992–93 p.m. on the same day and adjourned at 7:11 p.m., Motion To Adjourn: Senate agreed to the motion until 12 p.m. on Wednesday, March 3, 2021. (For to adjourn until 7:09 p.m., on Tuesday, March, 2, Senate’s program, see the remarks of the Majority 2021. Page S996 Leader in today’s Record on page S997.) Nominations Confirmed: Senate confirmed the fol- lowing nominations: Committee Meetings By 84 yeas to 15 nays (Vote No. EX. 70), Gina Marie Raimondo, of Rhode Island, to be Secretary of (Committees not listed did not meet) Commerce. Pages S967–74, S996 BUSINESS MEETING By 95 yeas to 4 nays (Vote No. EX. 72), Cecilia Committee on Armed Services: Committee announced Elena Rouse, of New Jersey, to be Chairman of the the following subcommittee assignments for the Council of Economic Advisers. Pages S975–86, S996 117th Congress: During consideration of this nomination today, Subcommittee on Airland: Senators Duckworth Senate also took the following action: (Chair), King, Peters, Manchin, Kelly, Rosen, Cot- By 94 yeas to 5 nays (Vote No. EX. 71), Senate ton, Wicker, Tillis, Sullivan, Scott (FL), and Hawley. agreed to the motion to close further debate on the Subcommittee on Cybersecurity: Senators Manchin nomination. Pages S974–75 (Chair), Gillibrand, Blumenthal, Rosen, Rounds, On the Legislative Day of Monday, March 1, Wicker, Ernst, and Blackburn. 2021: Subcommittee on Emerging Threats and Capabilities: Messages from the House: Page S990 Senators Kelly (Chair), Shaheen, Kaine, Warren, Peters, Gillibrand, Ernst, Fischer, Cramer, Scott (FL), Measures Referred: Page S990 Blackburn, Tuberville. Measures Read the First Time: Page S990 Subcommittee on Personnel: Senators Gillibrand Executive Communications: Pages S990–92 (Chair), Hirono, Warren, Tillis, Hawley, and Tuberville. Executive Reports of Committees: Page S992 Subcommittee on Readiness and Management Support: Additional Cosponsors: Pages S993–94 Senators Kaine (Chair), Shaheen, Blumenthal, Statements on Introduced Bills/Resolutions: Hirono, Duckworth, Sullivan, Fischer, Rounds, Pages S994–95 Ernst, and Blackburn. Subcommittee on Seapower: Senators Hirono, Shaheen, Additional Statements: Pages S988–89 Blumenthal, King, Kaine, Peters, Cramer, Wicker, Authorities for Committees to Meet: Page S996 Cotton, Tillis, Scott (FL), and Hawley. D182

VerDate Sep 11 2014 06:42 Mar 03, 2021 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D02MR1.REC D02MRPT1 SSpencer on DSK126QN23PROD with DIGEST March 2, 2021 CONGRESSIONAL RECORD — DAILY DIGEST D183 Subcommittee on Strategic Forces: Senators King, Subcommittee on Primary Health and Retirement Secu- Warren, Manchin, Duckworth, Rosen, Kelly, Fisch- rity: Senators Sanders, Casey, Baldwin, Murphy, er, Cotton, Rounds, Sullivan, Cramer, and Kaine, Hassan, Rosen, Luja´n, Collins, Paul, Mur- Tuberville. kowski, Marshall, Scott (SC), Moran, Cassidy, and Senators Reed and Inhofe are ex officio members of each Braun. subcommittee. Subcommittee on Employment and Workplace Safety: Senators Hickenlooper (Chair), Baldwin, Smith, GLOBAL SECURITY CHALLENGES AND Rosen, Luja´n, Braun, Tuberville, Paul, Scott (SC), STRATEGY and Romney. Committee on Armed Services: Committee concluded a Subcommittee on Children and Families: Senators hearing to examine global security challenges and Casey (Chair), Sanders, Murphy, Kaine, Hassan, strategy, after receiving testimony from Thomas Smith, Hickenlooper, Cassidy, Romney, Collins, Wright, The Brookings Institution, and Lieutenant Murkowski, Moran, Marshall, and Tuberville. General H.R. McMaster, USA (Ret.), former United Senators Murray and Burr are ex officio members of States National Security Advisor, Stanford University each subcommittee. Hoover Institution, both of Washington, D.C. NOMINATIONS FBI OVERSIGHT Committee on Banking, Housing, and Urban Affairs: Committee on the Judiciary: Committee concluded an Committee concluded a hearing to examine the oversight hearing to examine the Federal Bureau of nominations of Gary Gensler, of Maryland, to be a Investigation, focusing on the January 6, 2021 insur- Member of the Securities and Exchange Commission, rection, domestic terrorism, and other threats, after who was introduced by Senators Cardin and Van receiving testimony from Christopher A. Wray, Di- Hollen, and Rohit Chopra, of the District of Colum- rector, Federal Bureau of Investigation, Department bia, to be Director, Bureau of Consumer Financial of Justice. Protection, who was introduced by Senator Also, Committee announced the following sub- Blumenthal, after the nominees testified and an- committee assignments for the 117th Congress: swered questions in their own behalf. Subcommittee on Competition Policy, Antitrust, and Consumer Rights: Senators Klobuchar (Chair), Leahy, NOMINATION Blumenthal, Booker, Ossoff, Lee, Hawley, Cotton, Committee on the Budget: Committee concluded a hear- Tillis, and Blackburn. ing to examine the nomination of Shalanda D. Subcommittee on Immigration, Citizenship, and Border Young, of Louisiana, to be Deputy Director of the Safety: Senators Padilla (Chair), Feinstein, Klobuchar, Office of Management and Budget, after the nomi- Coons, Blumenthal, Hirono, Booker, Cornyn, Gra- nee, who was introduced by Senator Leahy, testified ham, Cruz, Cotton, Kennedy, Tillis, and Blackburn. and answered questions in her own behalf. Subcommittee on the Constitution: Senators Blumenthal (Chair), Feinstein, Whitehouse, Ossoff, GAO’S 2021 HIGH RISK LIST Cruz, Cornyn, Lee, and Sasse. Committee on Homeland Security and Governmental Af- Subcommittee on Criminal Justice and Counterterrorism: fairs: Committee concluded a hearing to examine the Senators Booker (Chair), Leahy, Feinstein, White- Government Accountability Office’s 2021 High Risk house, Klobuchar, Padilla, Ossoff, Cotton, Graham, List, focusing on addressing waste, fraud, and abuse, Cornyn, Lee, Cruz, Hawley, and Kennedy. after receiving testimony from Eugene L. Dodaro, Subcommittee on Intellectual Property: Senators Leahy Comptroller General of the United States, J. Chris- (Chair), Coons, Hirono, Padilla, Tillis, Cornyn, Cot- topher Mihm, Managing Director, Strategic Issues, ton, and Blackburn. Mark Gaffigan, Managing Director, Natural Re- Subcommittee on Federal Courts, Oversight, Agency Ac- sources and Environment, Nikki Clowers, Managing tion, and Federal Rights: Senators Whitehouse (Chair), Director, Health Care, Nick Marinos, Director, In- Leahy, Hirono, Booker, Padilla, Ossoff, Kennedy, formation Technology and Cybersecurity, and David Graham, Lee, Cruz, Sasse, and Tillis. Trimble, Managing Director, Physical Infrastructure, Subcommittee on Human Rights and the Law: Senators all of the Government Accountability Office. Feinstein (Chair), Coons, Blumenthal, Hawley, Sasse, and Kennedy. BUSINESS MEETING Subcommittee on Privacy, Technology, and the Law: Committee on Health, Education, Labor, and Pensions: Senators Coons (Chair), Whitehouse, Klobuchar, Committee announced the following subcommittee Hirono, Ossoff, Sasse, Graham, Hawley, Kennedy, assignments for the 117th Congress: and Blackburn.

VerDate Sep 11 2014 06:42 Mar 03, 2021 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D02MR1.REC D02MRPT1 SSpencer on DSK126QN23PROD with DIGEST D184 CONGRESSIONAL RECORD — DAILY DIGEST March 2, 2021 BUSINESS MEETING INTELLIGENCE Select Committee on Intelligence: Committee ordered fa- Select Committee on Intelligence: Committee met in vorably reported the nomination of William Joseph closed session to receive a briefing on certain intel- Burns, of Maryland, to be Director of the Central In- ligence matters from officials of the intelligence telligence Agency. community. h House of Representatives transition team members to disclose positions they Chamber Action held outside the federal government for the previous Public Bills and Resolutions Introduced: 55 pub- year, including paid and unpaid positions; and a pro- lic bills, H.R. 1477–1531; and 3 resolutions, H. vision barring presidential transition team members Res. 182–184, were introduced. Pages H1012–14 from working on transition activities who do not Additional Cosponsors: Pages H1016–17 disclose information required in the transition ‘‘eth- ics plan’’, all of which were included in H.R. 1 as Reports Filed: There were no reports filed today. introduced in the 116th Congress; and Schweikert Speaker: Read a letter from the Speaker wherein she (No. 39) that directs the Election Assistance Com- appointed Representative Crow to act as Speaker pro mission to conduct a study regarding the use of tempore for today. Page H885 blockchain technology to enhance voter security in Recess: The House recessed at 2:10 p.m. and recon- Federal elections; Pages H997–99 vened at 5:59 p.m. Page H1009 Lofgren en bloc amendment No. 1 consisting of the following amendments printed in part B of H. For the People Act of 2021: The House considered Rept. 117–9: Scanlon (No. 1) that expands state re- H.R. 1, to expand Americans’ access to the ballot quirements for early voting locations to include col- box, reduce the influence of big money in politics, lege campuses; Adams (No. 2) that requires that, in strengthen ethics rules for public servants, and im- order to be eligible for funds under the program for plement other anti-corruption measures for the pur- institutions of higher education demonstrating excel- pose of fortifying our democracy. Consideration is lence in voter registration, institutions must have en- expected to resume tomorrow, March 3rd. Page H886 gaged in initiatives to facilitate the enfranchisement Pursuant to the Rule, the amendment printed in of groups of individuals that have historically faced part A of H. Rept. 117–9 shall be considered as barriers to voting; Adams (No. 3) that requires adopted. Page H886 school districts to describe how they will prioritize Agreed to: access to initiatives for schools serving their most Lofgren en bloc amendment No. 2 consisting of vulnerable students when applying for funds under the following amendments printed in part B of H. the ‘‘Pilot Program for Providing Voter Registration Rept. 117–9: Armstrong (No. 6) that exempts any Information to Secondary School Students’’; Adams state that does not utilize voter registration on en- (No. 4) that requires an appropriations set-aside for actment date of this Act and continuously thereafter minority-serving institutions (MSIs) under the grant from complying with voter registration requirements program for institutions of higher education dem- in the Act; Burgess (No. 12) that requires a report onstrating excellence in voter registration; Adams to Congress on the impact of wide-spread mail-in (No. 5) that inserts a provision requiring the US voting on the suffrage of active duty military Postal Service to sweep its facilities and post offices servicemembers, how quickly their votes are counted, daily to ensure that ballots are expeditiously trans- and whether high volumes of mail-in votes makes it mitted to local election officials; Auchincloss (No. 7) harder for those individuals to vote; Burgess (No. that expands the requirements for states to receive 13) that requires a report to Congress on the data grants for poll worker recruitment and training to collection practices, the required necessary security ensure the state includes dedicated poll worker re- resources, and the impact of a potential data breach cruitment for youth and minors, including by re- of local, state, or federal online voter registration sys- cruiting at institutions of higher education and sec- tems; Comer (No. 18) that adds provisions requiring ondary education; Auchincloss (No. 8) that adds the disclosure to Congress of ethics waivers granted ‘‘age’’ to the list of bases upon which voter chal- to executive branch officials; requiring presidential lenges by persons other than election officials will be

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Boyle (PA) (No. 10) that allows for voter edu- the 120-day period before an election; Lawrence (No. cation information at naturalization ceremonies for 27) that requires the United States Postal Service to newly sworn in citizens; Brown (No. 11) that re- appoint Election Mail Coordinators to assist election quires states to include an option for an absentee officials with any voting material questions; Levin ballot in the next and subsequent federal elections (MI) (No. 29) that amends Sec. 8042 (requiring dis- on a voter registration application form as part of closures of political donations and fundraising by registering for a State motor vehicle driver’s license; certain Senate-confirmed nominees and other senior Bush (No. 15) that expands accessibility require- ments for ballot drop box locations to ensure appointees) to add ‘‘chiefs of mission,’’ as defined by unhoused communities can participate in federal the Foreign Service Act of 1980, to the list of cov- elections; Case (No. 16) that directs the Election As- ered individuals; Luria (No. 30) that prohibits tax- sistance Commission to conduct a study on the 2020 payer funds from being added into Freedom From elections and compile a list of recommendations to Influence fund; Manning (No. 31) that directs the help states administer vote-by-mail elections; Castor Election Assistance Commission (EAC) and the Gov- (FL) (No. 17) that adds campaign fund disbursement ernment Accountability Office (GAO) to submit a requirements for former candidates registering as an joint study to Congress of how to best enforce the agent under the Foreign Agents Registration Act; fair and equitable waiting times standards set forth DeSaulnier (No. 20) that adds the Bots Research Act in Sec. 1906 of H.R. 1; requires that no individual to the bill, which requires the EAC to establish a waits longer than 30 minutes to cast a ballot at a task force to study and report on the impact of auto- polling place; Phillips (No. 32) that requires state mated accounts, known as ‘‘bots,’’ on social media, election officials to undertake accessible public edu- public discourse, and elections; and Escobar (No. 21) cation campaigns to inform voters of any changes to that exempts cybersecurity assistance, including as- election processes made in response to public emer- sistance in responding to threats or harassment on- gencies; Plaskett (No. 33) that amends the National line, from limits on coordinated political party ex- Voter Registration Act of 1993 to equitably include penditures (by a yea-and-nay vote of 218 yeas to 210 territories of the United States; Plaskett (No. 34) nays, Roll No. 52); and Pages H993–97, H1001–02 that applies federal voter protection laws to terri- Lofgren en bloc amendment No. 3 consisting of tories of the United States; Plaskett (No. 35) that the following amendments printed in part B of H. permits each of the territories of the United States Rept. 117–9: Gallego (No. 22) that improves voting to provide and furnish statues honoring their United access for individuals with disabilities in the four States citizen residents for placement in Statuary corners region of AZ, NM, CO, and UT by making Hall in the same manner as statues honoring United a technical fix to the Protection and Advocacy for States citizen residents of the several States are pro- Voting Access (PAVA) program to include all 57 vided for placement in Statuary Hall; Plaskett (No. Protection and Advocacy Systems as eligible funding 36) that includes territories of the United States in recipients; Grijalva (No. 23) that requires each State the Automatic Voter Registration Act of 2021 in to submit to the Election Assistance Commission the same manner as the 50 States and the District and Congress a report that includes the number of of Columbia; and Schneider (No. 38) that requires individuals who were purged from the official voter registration list or moved to inactive status, broken disclosure of donations of $5,000 or more to political down by the reason for those actions, including the committees, including super PACs, made 20 days or method used for identifying those voters; Grijalva less before an election in order to ensure trans- (No. 24) that ensures that posting of notices at poll- parency of contributions not likely to be disclosed ing locations take into consideration factors includ- through regular reporting requirements before an ing the linguistic preferences of voters in the juris- election (by a yea-and-nay vote of 221 yeas to 207 diction; Langevin (No. 25) that implements a rec- nays, Roll No. 55). Pages H1004–09, H1010 ommendation of the Cyberspace Solarium Commis-

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Committee on Environment and Public Works: to hold hear- to hold a joint hearing to examine the January 6, 2021 ings to examine the nominations of Brenda Mallory, of attack on the Capitol, 10 a.m., SD–G50/WEBEX. Maryland, to be a Member of the Council on Environ- Committee on Veterans’ Affairs: to hold hearings with the mental Quality, and Janet Garvin McCabe, of Indiana, to House Committee on Veterans’ Affairs to examine the be Deputy Administrator of the Environmental Protec- legislative presentation of veterans services organizations, tion Agency, 10 a.m., SD–562. 10 a.m., WEBEX. Committee on Finance: business meeting to consider the nominations of Xavier Becerra, of California, to be Sec- House retary of Health and Human Services, Katherine C. Tai, Committee on Appropriations, Subcommittee on Legisla- of the District of Columbia, to be United States Trade tive Branch, budget hearing on the U.S. Capitol Police, Representative, with the rank of Ambassador, and 10 a.m., Webex. Adewale O. Adeyemo, of California, to be Deputy Sec- Subcommittee on Legislative Branch budget hearing on retary of the Treasury, 10 a.m., SH–216. the Library of Congress, 12 p.m., Webex. Committee on Foreign Relations: to hold hearings to exam- Committee on Foreign Affairs,Subcommittee on the West- ine the nominations of Wendy Ruth Sherman, of Mary- ern Hemisphere, Civilian Security, Migration and Inter- land, to be Deputy Secretary, and Brian P. McKeon, of national Economic Policy, hearing entitled ‘‘A Way For- the District of Columbia, to be Deputy Secretary for ward for Venezuela: The Humanitarian, Diplomatic, and Management and Resources, both of the Department of National Security Challenges Facing the Biden Adminis- State, 10 a.m., SD–106/VTC. tration’’, 10 a.m., 2172 Rayburn and Webex. Committee on Homeland Security and Governmental Affairs: with the Committee on Rules and Administration, to Joint Meetings hold a joint hearing to examine the January 6, 2021 at- Joint Hearing: Senate Committee on Veterans’ Affairs, tack on the Capitol, 10 a.m., SD–G50/WEBEX. to hold hearings with the House Committee on Veterans’ Committee on Rules and Administration: with the Com- Affairs to examine the legislative presentation of veterans mittee on Homeland Security and Governmental Affairs, services organizations, 10 a.m., WEBEX.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 p.m., Wednesday, March 3 9 a.m., Wednesday, March 3

Senate Chamber House Chamber Program for Wednesday: Senate will be in a period of Program for Wednesday: Complete consideration of morning business. H.R. 1—For the People Act of 2021. Senate expects to consider the motion to proceed to consideration of H.R. 1319, American Rescue Plan Act.

Extensions of Remarks, as inserted in this issue

HOUSE Foxx, Virginia, N.C., E191 Ryan, Tim, Ohio, E190 Huffman, Jared, Calif., E190 Scalise, Steve, La., E189, E192 Blumenauer, Earl, Ore., E189, E191 Lee, Barbara, Calif., E191 Thompson, Bennie G., Miss., E189, E191, E192 Davis, Rodney, Ill., E189 Lofgren, Zoe, Calif., E192 Veasey, Marc A., Tex., E192 Deutch, Theodore E., Fla., E190 Malinowski, Tom, N.J., E192 Wittman, Robert J., Va., E190 Estes, Ron, Kans., E189 Payne, Donald M., Jr., N.J., E191

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