American Confidence in Elections Act or the ACE Act
This bill addresses election administration and security, campaign finance, and other related provisions.
Among other provisions, the bill
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8528 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8528
To promote election integrity, voter confidence, and faith in elections
by removing Federal impediments to, providing State tools for, and
establishing voluntary considerations to support effective State
administration of Federal elections, improving election administration
in the District of Columbia, improving the effectiveness of military
voting programs, and protecting political speech, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2022
Mr. Rodney Davis of Illinois (for himself, Mr. McCarthy, Mr. Steil, Mr.
Loudermilk, Mr. Cole, Ms. Foxx, Mr. Bost, Mr. Hudson, Ms. Tenney, Mr.
Garcia of California, Mr. Crenshaw, Mr. Smith of Nebraska, Mr. Carter
of Georgia, Mr. Steube, Mr. Grothman, Mr. Johnson of South Dakota, Mr.
Murphy of North Carolina, Mr. Carl, Mr. LaTurner, Mr. Bacon, Mrs.
Miller-Meeks, Mr. Smith of New Jersey, Mr. Timmons, and Mr. Babin)
introduced the following bill; which was referred to the Committee on
House Administration, and in addition to the Committees on the
Judiciary, Oversight and Reform, Ways and Means, Science, Space, and
Technology, Financial Services, Intelligence (Permanent Select), Energy
and Commerce, and Homeland Security, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To promote election integrity, voter confidence, and faith in elections
by removing Federal impediments to, providing State tools for, and
establishing voluntary considerations to support effective State
administration of Federal elections, improving election administration
in the District of Columbia, improving the effectiveness of military
voting programs, and protecting political speech, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Confidence in Elections
Act'' or the ``ACE Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. General findings.
TITLE I--ELECTION ADMINISTRATION INTEGRITY
Subtitle A--Findings Relating to Election Administration
Sec. 101. Findings relating to election administration.
Subtitle B--Voluntary Considerations for State Administration of
Federal Elections
Sec. 111. Short title.
Sec. 112. Election integrity voluntary considerations.
Subtitle C--Requirements to Promote Integrity in Election
Administration
Sec. 121. Ensuring only eligible American citizens may participate in
Federal elections.
Sec. 122. State reporting requirements with respect to voter list
maintenance.
Sec. 123. Contents of State mail voter registration form.
Sec. 124. Provision of photographic citizen voter identification tools
for State use.
Sec. 125. Mandatory provision of identification for certain voters not
voting in person.
Sec. 126. Confirming access for Congressional election observers.
Sec. 127. Use of requirements payments for post-election audits.
Sec. 128. Certain tax benefits and simplification with respect to
election workers.
Sec. 129. Voluntary guidelines with respect to nonvoting election
technology.
Sec. 130. Status reports by National Institute of Standards and
Technology.
Sec. 131. 501(c)(3) organizations prohibited from providing direct or
indirect funding for election
administration.
Sec. 132. Requirements with respect to election mail.
Sec. 133. Clarification of right of State to appeal decisions through
duly authorized representative.
Sec. 134. Clarification of Federal agency involvement in voter
registration activities.
Sec. 135. Prohibition on use of Federal funds for election
administration in States that permit ballot
harvesting.
Sec. 136. Clarification with respect to Federal election record-keeping
requirement.
Sec. 137. Clarification of rules with respect to hiring of election
workers.
Sec. 138. United States Postal Service coordination with States to
ensure mailing addresses.
Sec. 139. State defined.
Subtitle D--District of Columbia Election Integrity and Voter
Confidence
Sec. 141. Short title.
Sec. 142. Requirements for elections in District of Columbia.
Sec. 143. Effective date.
Subtitle E--Administration of the Election Assistance Commission
Sec. 151. Short title.
Sec. 152. Findings relating to the administration of the Election
Assistance Commission.
Sec. 153. Requirements with respect to staff and funding of the
Election Assistance Commission.
Sec. 154. Exclusive authority of Election Assistance Commission to make
election administration payments to States.
Sec. 155. Executive Board of the Standards Board authority to enter
into contracts.
Sec. 156. Election Assistance Commission primary role in election
administration.
Subtitle F--Prohibition on Involvement in Elections by Foreign
Nationals
Sec. 161. Prohibition on contributions and donations by foreign
nationals in connection with ballot
initiatives and referenda.
Subtitle G--Constitutional Experts Panel With Respect to Presidential
Elections
Sec. 171. Short title.
Sec. 172. Establishment of panel of constitutional experts.
TITLE II--MILITARY VOTING ADMINISTRATION
Subtitle A--Findings Relating to Military Voting
Sec. 201. Findings relating to military voting.
Subtitle B--GAO Analysis on Military Voting Access
Sec. 211. GAO analysis and report on effectiveness of Federal
Government in meeting obligations to
promote voting access for absent uniformed
services voters.
TITLE III--PROTECTION OF POLITICAL SPEECH AND CAMPAIGN FINANCE REFORM
Subtitle A--Protecting Political Speech
Sec. 301. Findings.
Sec. 302. Repeal of limits on coordinated political party expenditures.
Sec. 303. Repeal of limit on aggregate contributions by individuals.
Sec. 304. Equalization of contribution limits to State and national
political party committees.
Sec. 305. Expansion of permissible Federal election activity by State
and local political parties.
Sec. 306. Participation in joint fundraising activities by multiple
political committees.
Sec. 307. Protecting privacy of donors to tax-exempt organizations.
Sec. 308. Reporting requirements for tax-exempt organizations.
Sec. 309. Maintenance of standards for determining eligibility of
section 501(c)(4) organizations.
Sec. 310. Increased funding for the 10-Year Pediatric Research
Initiative Fund.
Subtitle B--Prohibition on Use of Federal Funds for Congressional
Campaigns
Sec. 311. Prohibiting use of Federal funds for payments in support of
congressional campaigns.
Subtitle C--Registration and Reporting Requirements
Sec. 321. Reporting requirements with respect to electioneering
communications.
Sec. 322. Increased qualifying threshold and establishing purpose for
political committees.
Sec. 323. Increased threshold with respect to independent expenditure
reporting requirement.
Sec. 324. Increased qualifying threshold with respect to candidates.
Sec. 325. Repeal requirement of persons making independent expenditures
to report identification of certain donors.
Subtitle D--Exclusion of Certain Amounts From Treatment as
Contributions or Expenditures
Sec. 331. Increased threshold for exemption of certain amounts as
contributions.
Sec. 332. Exemption of uncompensated internet communications from
treatment as contribution or expenditure.
Sec. 333. Media exemption.
Subtitle E--Prohibition on Issuance of Regulations on Political
Contributions
Sec. 341. Prohibition on issuance of regulations on political
contributions.
Subtitle F--Miscellaneous Provisions
Sec. 351. Permanent extension of fines for qualified disclosure
requirement violations.
Sec. 352. Political committee disbursement requirements.
Sec. 353. Designation of individual authorized to make campaign
committee disbursements in event of death
of candidate.
Sec. 354. Prohibition on contributions in name of another.
Sec. 355. Unanimous consent of Commission members required for
Commission to refuse to defend actions
brought against Commission.
Sec. 356. Federal Election Commission member pay.
Sec. 357. Uniform statute of limitations for proceedings to enforce
Federal Election Campaign Act of 1971.
Sec. 358. Deadline for promulgation of proposed regulations.
TITLE IV--ELECTION SECURITY
Subtitle A--Promoting Election Security
Sec. 401. Short title.
Sec. 402. Reports to Congress on foreign threats to elections.
Sec. 403. Rule of construction.
Subtitle B--Cybersecurity for Election Systems
Sec. 411. Cybersecurity advisories relating to election systems.
Sec. 412. Process to test for and monitor cybersecurity vulnerabilities
in election equipment.
Sec. 413. Duty of Secretary of Homeland Security to notify State and
local officials of election cybersecurity
incidents.
TITLE V--SENSE OF CONGRESS WITH RESPECT TO ROLE OF STATES IN
CONGRESSIONAL REDISTRICTING
Sec. 501. Sense of Congress with respect to role of States in
congressional redistricting.
TITLE VI--DISINFORMATION GOVERNANCE BOARD
Sec. 601. Termination of the Disinformation Governance Board.
Sec. 602. Prohibition on funding the activities of the Disinformation
Governance Board.
TITLE VII--SEVERABILITY
Sec. 701. Severability.
SEC. 3. GENERAL FINDINGS.
Congress finds the following:
(1) According to Article 1, Section 4 of the Constitution
of the United States, the States have the primary role in
establishing ``(t)he Times, Places and Manners of holding
Elections for Senators and Representatives'', while Congress
has a purely secondary role in this space and must restrain
itself from acting improperly and unconstitutionally.
(2) Federal election legislation should never be the first
step and must never impose burdensome, unfunded Federal
mandates on State and local elections officials. When Congress
does speak, it must devote its efforts only to resolving highly
significant and substantial deficiencies to ensure the
integrity of our elections. State legislatures are the primary
venues to establish rules for governing elections and correct
most issues.
(3) All eligible voters who wish to participate must have
the opportunity to vote, and all lawful votes must be counted.
(4) States must balance appropriate election administration
structures and systems with accessible access to the ballot
box.
(5) Political speech is protected speech.
(6) The First Amendment protects the right of all Americans
to state their political views and donate money to the
candidates, causes, and organizations of their choice without
fear of retribution.
(7) Redistricting decisions are best made at the State
level.
(8) States must maintain the flexibility to determine the
best redistricting processes for the particular needs of their
citizens.
(9) Congress has independent authority under the
Fourteenth, Fifteenth, Nineteenth, Twenty-Fourth, and Twenty-
Sixth Amendments to ensure elections are conducted without
unlawful discrimination.
(10) The Voting Rights Act, which is not anchored in
Article 1, Section 4 of the Constitution, has seen much success
since its first passage in 1965, and Congress should continue
to exercise its constitutional authority in this space as
appropriate.
TITLE I--ELECTION ADMINISTRATION INTEGRITY
Subtitle A--Findings Relating to Election Administration
SEC. 101. FINDINGS RELATING TO ELECTION ADMINISTRATION.
(a) Sense of Congress.--It is the sense of Congress that
constitutional scholar Robert Natelson has done invaluable work with
respect to the history and understanding of the Elections Clause.
(b) Findings.--Congress finds the following:
(1) The Constitution reserves to the States the primary
authority to set election legislation and administer
elections--the ``times, places, and manner of holding of
elections''--and Congress' power in this space is purely
secondary to the States' power and is to be employed only in
the direst of circumstances. History, precedent, the Framers'
words, debates concerning ratification, the Supreme Court, and
the Constitution itself make it exceedingly clear that
Congress' power over elections is not unfettered.
(2) The Framing Generation grappled with the failure of the
Articles of Confederation, which provided for only a weak
national government incapable of preserving the Union. Under
the Articles, the States had exclusive authority over Federal
elections held within their territory; but, given the
difficulties the national government had experienced with State
cooperation (e.g., the failure of Rhode Island to send
delegates to the Confederation Congress), the Federalists,
including Alexander Hamilton, were concerned with the
possibility that the States, in an effort to destroy the
Federal Government, simply might not hold elections or that an
emergency, such as an invasion or insurrection, might prevent
the operation of a State's government, leaving the Congress
without Members and the Federal Government unable to respond.
(3) Quite plainly, Alexander Hamilton, a leading Federalist
and proponent of our Constitution, understood the Elections
Clause as serving only as a sort of emergency fail-safe, not as
a cudgel used to nationalize our elections process. Writing as
Publius to the people of New York, Hamilton further expounds on
the correct understanding of the Elections Clause: ``T[he]
natural order of the subject leads us to consider, in this
place, that provision of the Constitution which authorizes the
national legislature to regulate, in the last resort, the
election of its own members.''. Alexander Hamilton (writing as
Publius), Federalist no. 59, Concerning the Power of Congress
to Regulate the Election of Members, N.Y. PACKET (Fri., Feb.
22, 1788).
(4) When questioned at the States' constitutional ratifying
conventions with respect to this provision, the Federalists
confirmed this understanding of a constitutionally limited,
secondary congressional power under Article 1, Section 4.
(``[C]onvention delegate James McHenry added that the risk to
the federal government [without a fail-safe provision] might
not arise from state malice: An insurrection or rebellion might
prevent a state legislature from administering an election.'');
(``An occasion may arise when the exercise of this ultimate
power of Congress may be necessary . . . if a state should be
involved in war, and its legislature could not assemble, (as
was the case of South Carolina and occasionally of some other
states, during the [Revolutionary] war).''); (``Sir, let it be
remembered that this power can only operate in a case of
necessity, after the factious or listless disposition of a
particular state has rendered an interference essential to the
salvation of the general government.''). See Robert G.
Natelson, The Original Scope of the Congressional Power to
Regulate Elections, 13 U. PA. J. CONST. L. 1, 12-13 (Nov.
2010).
(5) John Jay made similar claims in New York. And, as
constitutional scholar Robert Natelson notes in his invaluable
article, The Original Scope of the Congressional Power to
Regulate Elections, ``Alexander Contee Hanson, a member of
Congress whose pamphlet supporting the Constitution proved
popular, stated flatly that Congress would exercise its times,
places, and manner authority only in cases of invasion,
legislative neglect or obstinate refusal to pass election laws
[providing for the election of Members of Congress], or if a
state crafted its election laws with a `sinister purpose' or to
injure the general government.'' Cementing his point, Hanson
goes further to decree, ``The exercise of this power must at
all times be so very invidious, that congress will not venture
upon it without some very cogent and substantial reason.''.
Alexander Contee Hanson (writing as Astrides), Remarks on the
Proposed Plan: 31 January, reprinted in John P. Kaminski,
Gaspare J. Saladino, and Richard Leffler (eds.), 3 Commentaries
on the Constitution, public and private 18 December 1787 to 31
January 1788 522-26 (1984).
(6) In fact, had the alternate view of the Elections Clause
been accepted at the time of the Constitution's drafting--that
is, that it offers Congress unfettered power over Federal
elections-- it is likely that the Constitution would not have
been ratified or that an amendment to this language would have
been required.
(7) Indeed, at least seven of the original 13 States--over
half and enough to prevent the Constitution from being
ratified--expressed specific concerns with the language of the
Elections Clause. See 1 Annals of Cong. 799 (1789), Joseph
Gales (ed.) (1834). However, ``[l]eading Federalists . . .''
assured them ``. . . that, even without amendment, the
[Elections] Clause should be construed as limited to
emergencies''. Three States, New York, North Carolina, and
Rhode Island, specifically made their ratification contingent
on this understanding being made express. Ratification of the
Constitution by the State of New York (July 26, 1788) (``Under
these impressions and declaring that the rights aforesaid
cannot be abridged or violated, and the Explanations aforesaid
are consistent with the said Constitution, And in confidence
that the Amendments which have been proposed to the said
Constitution will receive early and mature Consideration: We
the said Delegates, in the Name and in [sic] the behalf of the
People of the State of New York Do by these presents Assent to
and Ratify the said Constitution. In full Confidence . . . that
the Congress will not make or alter any Regulation in this
State respecting the times places and manner of holding
Elections for Senators or Representatives unless the
Legislature of this State shall neglect or refuse to make laws
or regulations for the purpose, or from any circumstance be
incapable of making the same, and that in those cases such
power will only be exercised until the Legislature of this
State shall make provision in the Premises''); Ratification of
the Constitution by the State of North Carolina (Nov. 21, 1789)
(``That Congress shall not alter, modify, or interfere in the
times, places, or manner of holding elections for senators and
representatives, or either of them, except when the legislature
of any state shall neglect, refuse or be disabled by invasion
or rebellion, to prescribe the same.''); Ratification of the
Constitution by the State of Rhode Island (May 29, 1790)
(``Under these impressions, and declaring, that the rights
aforesaid cannot be abridged or violated, and that the
explanations aforesaid, are consistent with the said
constitution, and in confidence that the amendments hereafter
mentioned, will receive an early and mature consideration, and
conformably to the fifth article of said constitution, speedily
become a part thereof; We the said delegates, in the name, and
in [sic] the behalf of the People, of the State of Rhode-Island
and Providence-Plantations, do by these Presents, assent to,
and ratify the said Constitution. In full confidence . . . That
the Congress will not make or alter any regulation in this
State, respecting the times, places and manner of holding
elections for senators and representatives, unless the
legislature of this state shall neglect, or refuse to make laws
or regulations for the purpose, or from any circumstance be
incapable of making the same; and that [i]n those cases, such
power will only be exercised, until the legislature of this
State shall make provision in the Premises[.]'').
(8) Congress finds that the Framers designed and the
ratifying States understood the Elections Clause to serve
solely as a protective backstop to ensure the preservation of
the Federal Government, not as a font of limitless power for
Congress to wrest control of Federal elections from the States.
(9) This understanding was also reinforced by debate during
the first Congress that convened under the Constitution where
Representative Aedanus Burke proposed a constitutional
amendment to limit the Times, Places and Manner Clause to
emergencies. Although the amendment failed, those on both sides
of the Burke amendment debate already understood the Elections
Clause to limit Federal elections power to emergencies.
(10) History clearly shows that even in the first Congress
that convened under the Constitution, it was acknowledged and
understood through the debates that ensued over the Elections
Clause provision that Congress' control over elections is
limited.
(11) Similarly, proponent Representative Smith of South
Carolina also believed the original text of the Elections
Clause already limited the Federal Government's power over
Federal elections to emergencies and so thought there would be
no harm in supporting an amendment to make that language
express. Annals of Congress 801 (1789) Joseph Gales Edition. A
Century of Lawmaking for a New Nation: U.S. Congressional
Documents and Debates, 1774-1875 (loc.gov). So, even the
records of the First Congress reflect a recognition of the
emergency nature of congressional power over Federal elections.
(12) Similarly, the Supreme Court has supported this
understanding. In Smiley v. Holm, the Court held that Article
1, Section 4 of the Constitution reserved to the States the
primary ``. . . authority to provide a complete code for
congressional elections, not only as to times and places, but
in relation to notices, registration, supervision of voting,
protection of voters, prevention of fraud and corrupt
practices, counting of votes, duties of inspectors and
canvassers, and making and publication of election returns; in
short, to enact the numerous requirements as to procedure and
safeguards which experience shows are necessary in order to
enforce the fundamental right involved. And these requirements
would be nugatory if they did not have appropriate sanctions in
the definition of offenses and punishments. All this is
comprised in the subject of `times, places and manner of
holding elections', and involves lawmaking in its essential
features and most important aspect.''. Smiley v. Holm, 285 U.S.
355, 366 (1932).
(13) This holding is consistent with the understanding of
the Elections Clause since the framing of the Constitution. The
Smiley Court also held that while Congress maintains the
authority to ``. . . supplement these state regulations or [to]
substitute its own[]'', such authority remains merely ``a
general supervisory power over the whole subject.''. Id.
(14) More recently, the Court noted in Arizona v. Inter-
Tribal Council of Ariz., Inc. that ``[t]his grant of
congressional power [that is, the fail-safe provision in the
Elections Clause] was the Framers' insurance against the
possibility that a State would refuse to provide for the
election of representatives to the Federal Congress.''. Arizona
v. Inter-Tribal Council of Arizona, Inc., 570 U.S. 1, 7-9
(2013). The Court explained that the Elections Clause ``. . .
imposes [upon the States] the duty . . . to prescribe the time,
place, and manner of electing Representatives and
Senators[.]''. Id. at 8. And, while, as the Court noted,
``[t]he power of Congress over the `Times, Places, and Manner'
of congressional elections is paramount, and may be exercised
at any time, and to any extent which it deems expedient; and so
far as it is exercised, and no farther, the regulations
effected supersede those of the State which are inconsistent
therewith[]'', id. at 9, the Inter-Tribal Court explained,
quoting extensively from the Federalist no. 59, that it was
clear that the congressional fail-safe included in the
Elections Clause was intended for the sorts of governmental
self-preservation discussed here: ``[E]very government ought to
contain in itself the means of its own preservation[.]'';
``[A]n exclusive power of regulating elections for the national
government, in the hands of the State legislatures, would leave
the existence of the Union entirely at their mercy. They could
at any moment annihilate it by neglecting to provide for the
choice of persons to administer its affairs.''. Id. at 8.
(15) It is clear in every respect that the congressional
fail-safe described in the Elections Clause vests purely
secondary authority over Federal elections in the Federal
legislative branch and that the primary authority rests with
the States. Congressional authority is intended to be, and as a
matter of constitutional fact is, limited to addressing the
worst imaginable issues, such as invasion or other matters that
might lead to a State not electing representatives to
constitute the two Houses of Congress. Congress' authority has
never extended to the day-to-day authority over the ``Times,
Places and Manner of Election'' that the Constitution clearly
reserves to the States.
(16) Congress must act within the bounds of its
constitutional authority when enacting legislation concerning
the administration of our Nation's elections.
Subtitle B--Voluntary Considerations for State Administration of
Federal Elections
SEC. 111. SHORT TITLE.
This subtitle may be cited as the ``Voluntarily Offered Tools for
Election Reforms by States Act'' or the ``VOTERS Act''.
SEC. 112. ELECTION INTEGRITY VOLUNTARY CONSIDERATIONS.
(a) In General.--Subtitle C of title II of the Help America Vote
Act of 2002 (52 U.S.C. 20981 et seq.) is amended--
(1) by redesignating section 247 as section 248; and
(2) by inserting after section 246 the following new
section:
``SEC. 247. RELEASE OF VOLUNTARY CONSIDERATIONS BY STANDARDS BOARD WITH
RESPECT TO ELECTION ADMINISTRATION.
``(a) In General.--The Standards Board shall draw from experiences
in their home jurisdictions and information voluntarily provided by and
between States on what has worked and not worked and release voluntary
considerations with respect to the administration of an election for
Federal office.
``(b) Matters To Consider.--In releasing the voluntary
considerations under subsection (a), the Standards Board shall examine
and consolidate information provided by States and release
considerations with respect to each of the following categories:
``(1) The process for the administration of ballots
delivered by mail, including--
``(A) deadlines for the return and receipt of such
ballots to the appropriate election official;
``(B) the design of such ballots, including the
envelopes used to deliver the ballots;
``(C) the process for requesting and tracking the
return of such ballots; and
``(D) the processing of such ballots upon receipt
by the appropriate election official, including the
schedule for counting the ballots and the reporting of
the unofficial results of such counting.
``(2) The signature verification procedures used to verify
the identity of voters in an election, which shall include an
evaluation of human and machine methods of signature
verification, an assessment of the training provided to
individuals tasked to carry out such verification procedures,
and the proposal of other less subjective methods of confirming
the identity of a voter such as requiring the identification
number of a valid government-issued photo identification or the
last four digits of the voter's social security number to be
provided along with the voter's signature.
``(3) The processes used to carry out maintenance of the
official list of persons registered to vote in each State.
``(4) Rules and requirements with respect to the access
provided to election observers.
``(5) The processes used to ensure the timely and accurate
reporting of the unofficial results of ballot counting in each
polling place in a State and the reporting of the unofficial
results of such counting.
``(6) The methods used to recruit poll workers and
designate the location of polling places during a pandemic,
natural disaster, or other emergency.
``(7) The education of the public with respect to the
certification and testing of voting machines prior to the use
of such machines in an election for Federal office, including
education with respect to how such machines are tested for
accuracy and logic.
``(8) The processes and procedures used to carry out a
post-election audit.
``(9) The processes and procedures used to ensure a secure
chain of custody with respect to ballots and election
equipment.
``(c) Release of Voluntary Considerations.--
``(1) Deadline for release.--Not later than December 31,
2023, the Standards Board shall release voluntary
considerations with respect to each of the categories described
in subsection (b).
``(2) Transmission and notification requirements.--Not
later than 15 days after the date the Standards Board releases
voluntary considerations with respect to a category described
in subsection (b), the Commission shall--
``(A) transmit the considerations to the chief
State election official of each State and the elected
leadership of the legislature of each State, including
the elected leadership of any committee of the
legislature of a State with jurisdiction with respect
to elections;
``(B) make the considerations available on a
publicly accessible Government website; and
``(C) notify and transmit the considerations to the
chair and ranking minority member of the Committee on
House Administration of the House of Representatives
and the chair and ranking minority member of the
Committee on Rules and Administration of the Senate.
``(d) Use of Requirements Payments for Implementation of Voluntary
Considerations.--A State may use a requirements payment provided under
this Act to implement any of the voluntary considerations released
under subsection (a).
``(e) Rule of Construction.--Nothing in this section may be
construed to require compliance with the voluntary considerations
released under subsection (a), including as a condition of the receipt
of Federal funds.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended--
(1) by redesignating the item relating to section 247 as
relating to section 248; and
(2) by inserting after the item relating to section 246 the
following new item:
``Sec. 247. Release of voluntary considerations by Standards Board with
respect to election administration.''.
Subtitle C--Requirements To Promote Integrity in Election
Administration
SEC. 121. ENSURING ONLY ELIGIBLE AMERICAN CITIZENS MAY PARTICIPATE IN
FEDERAL ELECTIONS.
(a) Short Title.--This section may be cited as the ``Non-citizens:
Outlawed from Voting in Our Trusted Elections Act of 2022'' or the ``NO
VOTE for Non-Citizens Act of 2022''.
(b) Findings; Sense of Congress.--
(1) Findings.--Congress finds the following:
(A) Every eligible person who wishes to cast a
ballot in a Federal election must be permitted to do so
according to law, and their ballot must be examined
according to law, and, if it meets all lawful
requirements, counted.
(B) Congress has long required States to maintain
Federal voter registration lists in a manner that
promotes voter confidence.
(C) The changes included herein are not intended to
be an expansion of Federal power but rather a
clarification of State authority.
(D) The Fifteenth Amendment, the Nineteenth
Amendment, the Twenty-Fourth Amendment, and the Twenty-
Sixth Amendment, among other references, make clear
that the Constitution prohibits voting by non-citizens
in Federal elections.
(E) Congress has the constitutional authority,
including under the aforementioned amendments, to pass
statutes preventing non-citizens from voting in Federal
elections, and did so with the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.
(F) Congress may further exercise its
constitutional authority to ensure the Constitution's
prohibition on non-citizen voting in Federal elections
is upheld.
(G) Since the Constitution prohibits non-citizens
from voting in Federal elections, such ineligible
persons must not be permitted to be placed on Federal
voter registration lists.
(H) Improper placement of an ineligible non-citizen
on a Federal voter registration list leads to--
(i) confusion on the part of the ineligible
person with respect to their ineligibility to
cast a ballot; and
(ii) an increased likelihood that human
error will permit ineligible persons to cast
ballots in Federal elections.
(I) State officials have confirmed that poorly
maintained voter registration lists lead to ineligible
persons casting ballots in Federal elections.
(J) A former Broward County, Florida, elections
supervisor has confirmed that ineligible non-voters
were able to cast ballots in previous elections and
that she was not able to locate as many as 2,040
ballots during the 2018 midterm recount.
(K) This clarification of State authority to
maintain Federal voter registration lists to ensure
non-citizens are not included on such lists will
promote voter confidence in election processes and
outcomes.
(L) Congress has the authority to ensure that no
Federal elections funding is used to support States
that permit non-citizens to cast ballots in any
election.
(M) Federal courts and executive agencies have much
of the information States may need to maintain their
Federal voter registration lists, and those entities
should make that information accessible to State
election authorities.
(N) It is important to clarify the penalty for any
violation of law that allows a non-citizen to cast a
ballot in a Federal election.
(O) To protect the confidence of voters in Federal
elections, it is important to implement the policy
described herein.
(2) Sense of congress.--It is the sense of Congress that--
(A) many States have not adequately met the
requirements concerning the removal of ineligible
persons from State voter registration rolls pursuant to
section 8 of the National Voter Registration Act of
1993 (52 U.S.C. 20507) and should strive to audit and
update their voter registration rolls on a routine
basis;
(B) allowing non-citizens to cast ballots in
American elections weakens our electoral system and the
value of citizenship and sows distrust in our elections
system;
(C) even if a State has the sovereign authority, no
State should permit non-citizens to cast ballots in
State or local elections;
(D) States should use all information available to
them to maintain Federal voter registration lists and
should inform Congress if such data is insufficient;
and
(E) Congress may take further action in the future
to address this problem.
(c) Clarifying Authority of States To Remove Non-Citizens From
Voting Rolls.--
(1) Authority under regular removal programs.--Section
8(a)(4) of the National Voter Registration Act of 1993 (52
U.S.C. 20507(a)(4)) is amended--
(A) by striking ``or'' at the end of subparagraph
(A);
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) the registrant's status as a noncitizen of
the United States; or''.
(2) Conforming amendment relating to ongoing removal.--
Section 8(c)(2)(B)(i) of such Act (52 U.S.C. 20507(c)(2)(B)(i))
is amended by striking ``(4)(A)'' and inserting ``(4)(A) or
(B)''.
(d) Requirement To Maintain Separate State Voter Registration List
for Non-Citizens.--Section 8(a) of the National Voter Registration Act
of 1993 (52 U.S.C. 20507(a)) is amended--
(1) in paragraph (5)(B), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) in the case of a State that allows individuals who
are not citizens of the United States to vote in elections for
public office in the State or any local jurisdiction of the
State, ensure that the name of any registrant who is not a
citizen of the United States is maintained on a voter
registration list that is separate from the official list of
eligible voters with respect to registrants who are citizens of
the United States.''.
(e) Requirements for Ballots for State or Local Jurisdictions That
Allow Non-Citizen Voting.--Section 301(a)(1) of the Help America Vote
Act of 2002 (52 U.S.C. 21081(a)(1)) is amended by adding at the end the
following new subparagraph:
``(D) In the case of a State or local jurisdiction
that allows individuals who are not citizens of the
United States to vote in elections for public office in
the State or local jurisdiction, the ballot used for
the casting of votes by a noncitizen in such State or
local jurisdiction may only include the candidates for
the elections for public office in the State or local
jurisdiction for which the noncitizen is permitted to
vote.''.
(f) Reduction in Payments for Election Administration to States or
Local Jurisdictions That Allow Non-Citizen Voting.--
(1) In general.--Title IX of the Help America Vote Act of
2002 (52 U.S.C. 21141 et seq.) is amended by adding at the end
the following new section:
``SEC. 907. REDUCTION IN PAYMENTS TO STATES OR LOCAL JURISDICTIONS THAT
ALLOW NONCITIZEN VOTING.
``(a) In General.--Notwithstanding any other provision of this Act,
the amount of a payment under this Act to any State or local
jurisdiction that allows individuals who are not citizens of the United
States to vote in elections for public office in the State or local
jurisdiction shall be reduced by 30 percent.
``(b) Prohibition on Use of Funds for Certain Election
Administration Activities.--Notwithstanding any other provision of law,
no Federal funds may be used to implement the requirements of section
8(a)(7) of the National Voter Registration Act of 1993 (52 U.S.C.
20507(a)(7)) (as added by section 121(d) of the American Confidence in
Elections Act) or section 301(a)(1)(D) of the Help America Vote Act of
2002 (52 U.S.C. 21081(a)(1)(D)) (as added by section 121(e) of the
American Confidence in Elections Act) in a State or local jurisdiction
that allows individuals who are not citizens of the United States to
vote in elections for public office in the State or local
jurisdiction.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end the following new item:
``Sec. 907. Reduction in payments to States or local jurisdictions that
allow noncitizen voting.''.
(g) Promoting Provision of Information by Federal Entities.--
(1) In general.--Each entity of the Federal Government
which maintains information which is relevant to the status of
an individual as a registered voter in elections for Federal
office in a State shall, upon the request of an election
official of the State, provide that information to the election
official.
(2) Policies and procedures.--Consistent with section
3506(g) of title 44, United States Code, an entity of the
Federal Government shall carry out this subsection in
accordance with policies and procedures which will ensure that
the information is provided securely, accurately, and in a
timely basis.
(3) Conforming amendment relating to coverage under privacy
act.--Section 552a(b) of title 5, United States Code, is
amended--
(A) by striking ``or'' at the end of paragraph
(11);
(B) by striking the period at the end of paragraph
(12) and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(13) to an election official of a State in accordance
with section 121(h) of the American Confidence in Elections
Act.''.
(h) Ensuring Provision of Information to State Election Officials
on Individuals Recused From Jury Service on Grounds of Non-
Citizenship.--
(1) Requirement described.--If a United States district
court recuses an individual from serving on a jury on the
grounds that the individual is not a citizen of the United
States, the court shall transmit a notice of the individual's
recusal--
(A) to the chief State election official of the
State in which the individual resides; and
(B) to the Attorney General.
(2) Definitions.--For purposes of this subsection--
(A) the ``chief State election official'' of a
State is the individual designated by the State under
section 10 of the National Voter Registration Act of
1993 (52 U.S.C. 20509) to be responsible for
coordination of the State's responsibilities under such
Act; and
(B) the term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, Guam, the United States
Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
(i) Prohibition on Voting by Non-Citizens in Federal Elections.--
(1) In general.--Section 12 of the National Voter
Registration Act of 1993 (52 U.S.C. 20511) is amended--
(A) by striking ``A person'' and inserting ``(a) In
General.--A person''; and
(B) by adding at the end the following new
subsection:
``(b) Prohibition on Voting by Aliens.--
``(1) In general.--It shall be unlawful for any alien to
vote in any election in violation of section 611 of title 18,
United States Code.
``(2) Penalties.--Any person who violates this subsection
shall be fined under title 18, United States Code, imprisoned
not more than one year, or both.''.
(2) Effective date.--This subsection and the amendments
made by this subsection shall apply with respect to elections
held on or after the date of the enactment of this Act.
SEC. 122. STATE REPORTING REQUIREMENTS WITH RESPECT TO VOTER LIST
MAINTENANCE.
Section 8 of the National Voter Registration Act of 1993 (52 U.S.C.
20507) is amended--
(1) in subsection (i), by adding at the end the following:
``(3) The records maintained pursuant to paragraph (1) shall
include lists of the names and addresses of all registrants in a State
who were inactive according to the criteria described in subsection
(d)(1)(B) and the length of time each such registrant has been inactive
according to such criteria.'';
(2) by redesignating subsection (j) as subsection (k); and
(3) by inserting after subsection (i) the following new
subsection:
``(j) Reporting Requirements.--Not later than June 30 of each odd-
numbered year, each State shall submit to the Election Assistance
Commission a report that includes, with respect to such State during
the preceding 2-year period, the total number of--
``(1) registrants who were inactive according to the
criteria described in subsection (d)(1)(B) and the length of
time each such registrant has been inactive according to such
criteria;
``(2) registrants who voted in at least one of the prior 2
consecutive general elections for Federal office;
``(3) registrants removed from the list of official voters
in the State pursuant to subsection (d)(1)(B);
``(4) notices sent to registrants pursuant to subsection
(d)(2); and
``(5) registrants who received a notice described in
paragraph (4) who responded to such notice.''.
SEC. 123. CONTENTS OF STATE MAIL VOTER REGISTRATION FORM.
(a) Short Title.--This section may be cited as the ``State
Instruction Inclusion Act''.
(b) In General.--Section 6(a) of the National Voter Registration
Act of 1993 (52 U.S.C. 20505(a)) is amended--
(1) in paragraph (1), by inserting ``, except that a State
may, in addition to the criteria stated in section 9(b),
require that an applicant provide proof that the applicant is a
citizen of the United States'' after ``elections for Federal
office''; and
(2) in paragraph (2), by inserting ``and such form may
include a requirement that the applicant provide proof that the
applicant is a citizen of the United States'' after ``elections
for Federal office''.
SEC. 124. PROVISION OF PHOTOGRAPHIC CITIZEN VOTER IDENTIFICATION TOOLS
FOR STATE USE.
(a) Short Title.--This section may be cited as the ``Citizen Vote
Protection Act''.
(b) Findings; Sense of Congress.--
(1) Findings.--Congress finds the following:
(A) Photo voter identification programs established
by the States should be administered without unlawful
discrimination and with an eye toward balancing
appropriate access to the ballot box with election
integrity and voter confidence goals.
(B) As confirmed by the bipartisan Commission on
Federal Election Reform (commonly known as the Carter-
Baker Commission), ``[v]oters in nearly 100 democracies
use a photo identification card without fear of
infringement of their rights''.
(C) As confirmed by the Carter-Baker Commission,
``[t]he right to vote is a vital component of U.S.
citizenship and all States should use their best
efforts to obtain proof of citizenship before
registering voters.''.
(D) The Carter-Baker Commission was correct in its
2005 report when it recommended that the REAL ID Act be
``modestly adapted for voting purposes to indicate on
the front or back whether the individual is a U.S.
citizen.''.
(E) Congress acknowledges the important work
completed by the Carter-Baker Commission and, by
amending the REAL ID Act, resolves the concerns in the
Commission's report that ``[t]he REAL ID Act does not
require that the card indicates citizenship, but that
would need to be done if the card is to be used for
voting purposes''.
(F) Photographic voter identification is important
for ensuring voter confidence in election processes and
outcomes.
(G) Requiring photographic voter identification is
well within States' constitutional competence,
including pursuant to the Qualifications Clause of the
Constitution of the United States (article I, section
2, clause 2), the Presidential Electors Clause of the
Constitution (article II, section 1, clause 2), and the
Seventeenth Amendment.
(H) The Fifteenth Amendment, the Nineteenth
Amendment, the Twenty-Fourth Amendment, and the Twenty-
Sixth Amendment, among other references, make clear
that the Constitution prohibits voting by non-citizens
in Federal elections.
(I) Congress has the constitutional authority,
including under the aforementioned amendments, to pass
statutes preventing non-citizens from voting in Federal
elections, and did so with the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.
(J) Congress may further exercise its
constitutional authority to ensure the Constitution's
prohibition on non-citizen voting in Federal elections
is upheld.
(2) Sense of congress.--It is the sense of Congress that
the States should implement the substance of the recommendation
of the Carter-Baker Commission that, ``[t]o ensure that persons
presenting themselves at the polling place are the ones on the
registration list, the Commission recommends that states
[encourage] voters to use the REAL ID card, which was mandated
in a law signed by the President in May 2005''.
(c) REAL ID Act Amendment.--
(1) Amendment.--Section 202(b) of the Real ID Act of 2005
(49 U.S.C. 30301 note) is amended by adding at the end the
following new paragraph:
``(10) If the person is a citizen of the United States, an
indication of that citizenship, except that no other
information may be included with respect to the immigration
status of the person.''.
(2) Applicability.--The amendment made by this subsection
shall be effective January 1, 2026, and shall apply with
respect to any driver's license or identification card issued
by a State on and after such date.
(d) Rule of Construction.--Nothing in this section or in any
amendment made by this section may be construed to establish or mandate
the use of a national identification card or to authorize any office of
the executive branch to establish or mandate the use of a national
identification card.
SEC. 125. MANDATORY PROVISION OF IDENTIFICATION FOR CERTAIN VOTERS NOT
VOTING IN PERSON.
(a) Requiring Voters To Provide Identification.--Title III of the
Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended--
(1) by redesignating sections 304 and 305 as sections 305
and 306; and
(2) by inserting after section 303 the following new
section:
``SEC. 304. MANDATORY PROVISION OF IDENTIFICATION FOR CERTAIN VOTERS
WHO VOTE BY MAIL.
``(a) Finding of Constitutional Authority.--Congress finds that it
has the authority to establish the terms and conditions that States
must follow with respect to the administration of voting by mail
because article I, section 8, clause 7 of the Constitution of the
United States and other enumerated powers grant Congress the power to
regulate the operations of the United States Postal Service.
``(b) Requiring Provision of Identification To Receive a Ballot or
Vote in Certain Cases.--
``(1) Individuals requesting a ballot to vote by mail.--
Notwithstanding any other provision of law, the appropriate
State or local election official may not provide an individual
a ballot to vote by mail for an election for Federal office in
a case in which the individual requested such ballot other than
in person from the appropriate State or local election official
of the State at a State designated elections office unless the
individual submits with the application for the ballot a copy
of an identification described in paragraph (3).
``(2) Individuals voting by mail in certain cases.--
``(A) In general.--Notwithstanding any other
provision of law, in a case in which the appropriate
State or local election official provides an individual
a ballot to vote by mail for an election for Federal
office without requiring such individual to submit a
separate application or request to receive such ballot
for each such election, the election official may not
accept the voted ballot unless the individual submits
with the voted ballot a copy of an identification
described in paragraph (3).
``(B) Fail-safe voting.--An individual who desires
to vote other than in person but who does not meet the
requirements of subparagraph (A) may cast such a ballot
other than in person and the ballot shall be counted as
a provisional ballot in accordance with section 302(a).
``(3) Identification described.--An identification
described in this paragraph is, with respect to an individual--
``(A) a current and valid photo identification of
the individual;
``(B) a copy of a current utility bill, bank
statement, government check, paycheck, or other
government document that shows the name and address of
the individual;
``(C) a valid driver's license or an identification
card issued by a State or the identification number for
such driver's license or identification card issued by
a State;
``(D) the last 4 digits of the individual's social
security number; or
``(E) such other documentation issued by a Federal,
State, or local government that provides the same or
more identifying information as required by
subparagraphs (A) through (D) such that the election
official is reasonably certain as to the identity of
the individual.
``(c) Exceptions.--This section does not apply with respect to any
individual who is--
``(1) entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C.
20301 et seq.);
``(2) provided the right to vote otherwise than in person
under section 3(b)(2)(B)(ii) of the Voting Accessibility for
the Elderly and Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii));
or
``(3) entitled to vote otherwise than in person under any
other Federal law.
``(d) Rule of Construction.--Nothing in this section may be
construed as prohibiting a State from imposing identification
requirements to request a ballot to vote by mail or cast a vote by mail
that are more stringent than the requirements under this section.
``(e) Effective Date.--This section shall take effect on January 1,
2024.''.
(b) Conforming Amendments Relating to Existing Identification
Requirements.--
(1) Treatment as individuals registering to vote by mail
for purposes of first-time voter identification requirements.--
Section 303(b)(1)(A) of the Help America Vote Act of 2002 (52
U.S.C. 21083(b)(1)(A)) is amended by striking ``by mail'' and
inserting ``by mail or otherwise not in person at an elections
office or voter registration agency of the State''.
(2) Exceptions.--Section 303(b)(3) of the Help America Vote
Act of 2002 (52 U.S.C. 21083(b)(3)) is amended--
(A) in subparagraph (A), by striking ``by mail
under section 6 of the National Voter Registration Act
of 1993 (42 U.S.C. 1973gg-4)'' and inserting ``by mail
under section 6 of the National Voter Registration Act
of 1993 (52 U.S.C. 20505) or otherwise not in person at
a voter registration agency of the State''; and
(B) in subparagraph (B)(i), by striking ``by mail
under section 6 of the National Voter Registration Act
of 1993 (42 U.S.C. 1973gg-4)'' and inserting ``by mail
under section 6 of the National Voter Registration Act
of 1993 (52 U.S.C. 20505) or otherwise not in person at
a voter registration agency of the State''.
(3) Expansion of types of identification permitted.--
Section 303(b)(2)(A) of the Help America Vote Act of 2002 (52
U.S.C. 21083(b)(2)(A)) is amended--
(A) in clause (i)--
(i) in subclause (I), by striking ``or'' at
the end; and
(ii) by adding at the end the following new
subclause:
``(III) such other documentation
issued by a Federal, State, or local
government that provides the same or
more identifying information as
required by subclauses (I) and (II)
such that the election official is
reasonably certain as to the identity
of the individual; or''; and
(B) in clause (ii)--
(i) in subclause (I), by striking ``or'' at
the end;
(ii) in subclause (II), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following
new subclause:
``(III) such other documentation
issued by a Federal, State, or local
government that provides the same or
more identifying information as
required by subclauses (I) and (II)
such that the election official is
reasonably certain as to the identity
of the individual.''.
(c) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and
inserting ``303, and 304''.
(d) Clerical Amendment.--The table of contents of such Act is
amended--
(1) by redesignating the items relating to sections 304 and
305 as relating to sections 305 and 306; and
(2) by inserting after the item relating to section 303 the
following:
``Sec. 304. Mandatory provision of identification for certain voters
who vote by mail.''.
SEC. 126. CONFIRMING ACCESS FOR CONGRESSIONAL ELECTION OBSERVERS.
(a) Short Title.--This section may be cited as the ``Confirmation
Of Congressional Observer Access Act of 2022'' or the ``COCOA Act of
2022''.
(b) Findings Relating to Congressional Election Observers.--
Congress finds the following:
(1) The Constitution delegates to each of House of the
Congress the authority to ``be the Judge of the Elections,
Returns and Qualifications of its own Members''.
(2) While, in general, Congress shall respect the
determination of State authorities with respect to the election
of members to each House, each House of Congress serves as the
final arbiter over any contest to the seating of any putative
Member-elect or Senator-elect.
(3) These election contest procedures are contained in the
precedents of each House of Congress. Further, for the House of
Representatives the procedures exist under the Federal
Contested Elections Act.
(4) In the post-Civil War modern era, more than 100
election contests have been filed with the House of
Representatives.
(5) For decades, Congress has appointed and sent out
official congressional observers to watch the administration of
congressional elections in the States and territories.
(6) These observers serve to permit Congress to develop its
own factual record in preparation for eventual contests and for
other reasons.
(7) This section and the amendments made by this section do
not establish any new authorities or procedures but are
provided simply to permit a convenient statutory reference for
existing Congressional authority and activity.
(c) Confirming Requirement That States Provide Access.--Title III
of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 125(a), is amended--
(1) by redesignating sections 305 and 306 as sections 306
and 307; and
(2) by inserting after section 304 the following new
section:
``SEC. 305. CONFIRMING ACCESS FOR CONGRESSIONAL ELECTION OBSERVERS.
``(a) Finding of Constitutional Authority.--Congress finds that it
has the authority to require that States allow access to designated
Congressional election observers to observe the election administration
procedures in an election for Federal office because the authority
granted to Congress under article I, section 5 of the Constitution of
the United States gives each House of Congress the power to be the
judge of the elections, returns and qualifications of its own Members.
``(b) Requiring States To Provide Access.--A State shall provide
each individual who is a designated Congressional election observer for
an election with full access to clearly observe all of the elements of
the administration procedures with respect to such election, including
but not limited to in all areas of polling places and other facilities
where ballots in the election are processed, tabulated, cast,
canvassed, and certified, in all areas where voter registration
activities occur before such election, and in any other such place
where election administration procedures to prepare for the election or
carry out any post-election recounts take place. No designated
Congressional election observer may handle ballots, elections equipment
(voting or non-voting), advocate for a position or candidate, take any
action to reduce ballot secrecy, or otherwise interfere with the
elections administration process.
``(c) Designated Congressional Election Observer Described.--In
this section, a `designated Congressional election observer' is an
individual who is designated in writing by the chair or ranking
minority member of the Committee on House Administration of the House
of Representatives or the Committee on Rules and Administration of the
Senate, or the successor committee in either House of Congress to
gather information with respect to an election, including in the event
that the election is contested in the House of Representatives or the
Senate and for other purposes permitted by article 1, section 5 of the
Constitution of the United States.''.
(d) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111), as amended by section 125(c), is amended by
striking ``and 304'' and inserting ``304, and 305''.
(e) Clerical Amendment.--The table of contents of such Act, as
amended by section 125(d), is amended--
(1) by redesignating the items relating to sections 305 and
306 as relating to sections 306 and 307; and
(2) by inserting after the item relating to section 304 the
following:
``Sec. 305. Confirming access for Congressional election observers.''.
SEC. 127. USE OF REQUIREMENTS PAYMENTS FOR POST-ELECTION AUDITS.
Section 251(b)(1) of the Help America Vote Act of 2002 (52 U.S.C.
21001(b)(1)) is amended by inserting ``, including to conduct and
publish an audit of the effectiveness and accuracy of the voting
systems, election procedures, and outcomes used to carry out an
election for Federal office in the State and the performance of the
State and local election officials who carried out the election'' after
``requirements of title III''.
SEC. 128. CERTAIN TAX BENEFITS AND SIMPLIFICATION WITH RESPECT TO
ELECTION WORKERS.
(a) Short Title.--This section may be cited as the ``Election
Worker Employer Participation Act''.
(b) Exclusion From Gross Income for Certain Election Worker
Compensation.--
(1) In general.--Part III of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 is amended by inserting after
section 139H the following new section:
``SEC. 139I. CERTAIN COMPENSATION OF ELECTION WORKERS.
``(a) In General.--Gross income shall not include qualified
election worker compensation.
``(b) Limitation.--The amount excludible from gross income under
subsection (a) with respect to any taxpayer for any taxable year shall
not exceed the dollar amount in effect under section 3121(b)(7)(F)(iv)
for the calendar year in which such taxable year begins.
``(c) Qualified Election Worker Compensation.--For purposes of this
section, the term `qualified election worker compensation' means
amounts otherwise includible in gross income which are paid by a State,
political subdivision of a State, or any instrumentality of a State or
any political subdivision thereof, for the service of an individual as
an election official or election worker (within the meaning of section
3121(b)(7)(F)(iv)).''.
(2) Clerical amendment.--The table of sections for part III
of subchapter B of chapter 1 of such Code is amended by
inserting after the item relating to section 139H the following
new item:
``Sec. 139I. Certain compensation of election workers.''.
(c) Exclusion From Gross Income for Certain Student Loan Repayments
of Election Workers.--Section 127(c) of such Code is amended by adding
at the end the following new paragraph:
``(8) Special rule for election workers.--In the case of
any payment by a State, political subdivision of a State, or
any instrumentality of a State or any political subdivision
thereof, for the service of an individual as an election
official or election worker (within the meaning of section
3121(b)(7)(F)(iv)), paragraph (1)(B) shall be applied without
regard to the phrase `in the case of payments made before
January 1, 2026,'.''.
(d) Information Reporting Not Required by Reason of Certain Amounts
Excludible From Gross Income.--Section 6041 of such Code is amended by
adding at the end the following new subsection:
``(h) Treatment of Certain Excludible Compensation of Election
Workers.--In the case of any payment by a State, political subdivision
of a State, or any instrumentality of a State or any political
subdivision thereof, for the service of an individual as an election
official or election worker (within the meaning of section
3121(b)(7)(F)(iv)), the determination of whether the $600 threshold
described in subsection (a) has been met with respect to such
individual shall be determined by not taking into account--
``(1) any such payment which is qualified election worker
compensation (as defined in section 139I(c)) which does not
exceed the limitation described in section 139I(b), and
``(2) any such payment which is excludible from the gross
income of such individual under section 127.''.
(e) Effective Date.--The amendments made by this section shall
apply to payments made after December 31, 2022, in taxable years ending
after such date.
SEC. 129. VOLUNTARY GUIDELINES WITH RESPECT TO NONVOTING ELECTION
TECHNOLOGY.
(a) Short Title.--This section may be cited as the ``Protect
American Voters Act''.
(b) Adoption of Voluntary Guidelines by Election Assistance
Commission.--
(1) Adoption of guidelines.--Title II of the Help America
Vote Act of 2002 (52 U.S.C. 20921 et seq.) is amended by adding
at the end the following new subtitle:
``Subtitle E--Voluntary Guidelines for Use of Nonvoting Election
Technology
``SEC. 298. ADOPTION OF VOLUNTARY GUIDELINES BY COMMISSION.
``(a) Adoption.--The Commission shall adopt voluntary guidelines
for election officials on the use of nonvoting election technology,
taking into account the recommendations of the Standards Board under
section 298A.
``(b) Review.--The Commission shall review the guidelines adopted
under this subtitle not less frequently than once every 4 years, and
may adopt revisions to the guidelines as it considers appropriate.
``(c) Process for Adoption.--The adoption of the voluntary
guidelines under this subtitle shall be carried out by the Commission
in a manner that provides for each of the following:
``(1) Publication of notice of the proposed guidelines in
the Federal Register.
``(2) An opportunity for public comment on the proposed
guidelines.
``(3) An opportunity for a public hearing on the record.
``(4) Publication of the final recommendations in the
Federal Register.
``(d) Deadline for Initial Set of Guidelines.--The Commission shall
adopt the initial set of voluntary guidelines under this section not
later than December 31, 2025.
``SEC. 298A. ROLE OF STANDARDS BOARD.
``(a) Duties.--The Standards Board shall assist the Commission in
the adoption of voluntary guidelines under section 298, including by
providing the Commission with recommendations on appropriate standards
for the use of nonvoting election technology, including standards to
ensure the security and accuracy, and promote the usability, of such
technology, and by conducting a review of existing State programs with
respect to the testing of nonvoting election technology.
``(b) Sources of Assistance.--
``(1) Certain members of technical guidelines development
committee.--The following members of the Technical Guidelines
Development Committee under section 221 shall assist the
Standards Board in carrying out its duties under this section:
``(A) The Director of the National Institute of
Standards and Technology.
``(B) The representative of the American National
Standards Institute.
``(C) The representative of the Institute of
Electrical and Electronics Engineers.
``(D) The 4 members of the Technical Guidelines
Development Committee appointed under subsection
(c)(1)(E) of such section as the other individuals with
technical and scientific expertise relating to voting
systems and voting equipment.
``(2) Detailee from cisa.--The Executive Board of the
Standards Board may request the Director of the Cybersecurity
and Infrastructure Security Agency of the Department of
Homeland Security to provide a detailee to assist the Standards
Board in carrying out its duties under this section, so long as
such detailee has no involvement in the drafting of any of the
voluntary guidelines.
``SEC. 298B. USE OF PAYMENTS TO OBTAIN OR UPGRADE TECHNOLOGY.
``A State may use funds provided under any law for activities to
improve the administration of elections for Federal office, including
to enhance election technology and make election security improvements,
to obtain nonvoting election technology which is in compliance with the
voluntary guidelines adopted under section 298 or to upgrade nonvoting
election technology so that the technology is in compliance with such
guidelines, and may, notwithstanding any other provision of law, use
any unobligated grant funding provided to the State by the Election
Assistance Commission from amounts appropriated under the heading
`Independent Agencies--Election Assistance Commission--Election
Security Grants' in title V of division C of the Consolidated
Appropriations Act, 2020 (Public Law 116-93) for the purposes of
enhancing election technology and making election security improvements
until December 31, 2024.
``SEC. 298C. NONVOTING ELECTION TECHNOLOGY DEFINED.
``In this subtitle, the term `nonvoting election technology' means
technology used in the administration of elections for Federal office
which is not used directly in the casting, counting, tabulating, or
collecting of ballots or votes, including each of the following:
``(1) Electronic pollbooks or other systems used to check
in voters at a polling place or verify a voter's
identification.
``(2) Election result reporting systems.
``(3) Electronic ballot delivery systems.
``(4) Online voter registration systems.
``(5) Polling place location search systems.
``(6) Sample ballot portals.
``(7) Signature systems.
``(8) Such other technology as may be recommended for
treatment as nonvoting election technology as the Standards
Board may recommend.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to title
II the following:
``Subtitle E--Voluntary Guidelines for Use of Nonvoting Election
Technology
``Sec. 298. Adoption of voluntary guidelines by Commission.
``Sec. 298A. Role of Standards Board.
``Sec. 298B. Use of payments to obtain or upgrade technology.
``Sec. 298C. Nonvoting election technology defined.''.
(c) Treatment of Technology Used in Most Recent Election.--Any
nonvoting election technology, as defined in section 298C of the Help
America Vote Act of 2002 (as added by subsection (a)(1)), which a State
used in the most recent election for Federal office held in the State
prior to the date of the enactment of this Act shall be deemed to be in
compliance with the voluntary guidelines on the use of such technology
which are adopted by the Election Assistance Commission under section
298 of such Act (as added by subsection (a)(1)).
SEC. 130. STATUS REPORTS BY NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY.
Section 231 of the Help America Vote Act of 2002 (52 U.S.C. 20971)
is amended by adding at the end the following new subsection:
``(e) Status Reports by National Institute of Standards and
Technology.--Not later than 60 days after the end of each fiscal year
(beginning with 2023), the Director of the National Institute of
Standards and Technology shall submit to Congress a status report
describing--
``(1) the extent to which the Director carried out the
Director's responsibilities under this Act during the fiscal
year, including the responsibilities imposed under this section
and the responsibilities imposed with respect to the Technical
Guidelines Development Committee under section 222, together
with the Director's best estimate of when the Director will
completely carry out any responsibility which was not carried
out completely during the fiscal year; and
``(2) the extent to which the Director carried out any
projects requested by the Commission during the fiscal year,
together with the Director's best estimate of when the Director
will complete any such project which the Director did not
complete during the fiscal year.''.
SEC. 131. 501(C)(3) ORGANIZATIONS PROHIBITED FROM PROVIDING DIRECT OR
INDIRECT FUNDING FOR ELECTION ADMINISTRATION.
(a) Short Title.--This section may be cited as the ``End
Zuckerbucks Act of 2022''.
(b) In General.--Section 501(c)(3) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``and which does not participate'' and
inserting ``which does not participate'', and
(2) by striking the period at the end and inserting ``and
which does not provide direct funding to any State or unit of
local government for the purpose of the administration of
elections for public office or any funding to any State or unit
of local government in a case in which it is reasonable to
expect such funding will be used for the purpose of the
administration of elections for public office (except with
respect to the donation of space to a State or unit of local
government to be used as a polling place in an election for
public office).''.
(c) Effective Date.--The amendments made by this section shall
apply to funding provided in taxable years beginning after December 31,
2023.
SEC. 132. REQUIREMENTS WITH RESPECT TO ELECTION MAIL.
(a) Short Title.--This section may be cited as the ``Election
Integrity Mail Reform Act of 2022''.
(b) Prioritizing Election Mail.--Title 39, United States Code, is
amended by adding after chapter 36 the following:
``CHAPTER 37--ELECTION AND POLITICAL MAIL
``Sec.
``3701. Prioritization of processing and delivery of election mail.
``3702. Use of nonprofit permit for cooperative mailings.
``3703. Marking or notice on election mail.
``3704. Application to Uniformed and Overseas Citizens Absentee Voting
Act.
``Sec. 3701. Prioritization of processing and delivery of election mail
``(a) In General.--The Postal Service shall give priority to the
processing and delivery of election mail. In carrying out this
subsection, the Postal Service shall at a minimum--
``(1) deliver any election mail regardless of the amount of
postage paid;
``(2) shall, to the greatest extent practicable, process
and clear election mail from any postal facility each day; and
``(3) carry and deliver election mail expeditiously.
``(b) Election Mail With Insufficient Postage.--In carrying out
subsection (a)(1), the Postal Service shall process and deliver
election mail with insufficient postage in the same manner as election
mail with sufficient postage, but may collect insufficient postage
after delivery of any election mail with insufficient postage.
``(c) Underfunded or Overdrawn Accounts.--The Postal Service shall
process and deliver election mail, under the standards in place under
subsection (a), sent from a customer using an account registered with
the Postal Service (including a corporate account or an advance deposit
account) even if such account is underfunded or overdrawn. Nothing in
this section shall be construed to limit or otherwise prevent the
Postal Service from seeking reimbursement from any person regarding
unpaid postage.
``(d) Election Mail Defined.--In this chapter, the term `election
mail' means any item mailed to or from an individual for purposes of
the individual's participation in an election for public office,
including balloting materials, voter registration cards, absentee
ballot applications, polling place notification and photographic voter
identification materials.
``Sec. 3702. Use of nonprofit permit for cooperative mailings
``Notwithstanding any other law, rule, or regulation, a national,
State, or local committee of a political party (as defined under the
Federal Election Campaign Act of 1971) which is eligible to mail at the
nonprofit rate may conduct a cooperative mailing at that nonprofit rate
with a candidate, a candidate's committee, or another committee of a
political party, and may seek reimbursement from such a candidate,
candidate's committee, or committee of a political party for the costs
of such mailing.
``Sec. 3703. Marking or notice on election mail
``(a) In General.--For the purposes of assisting election officials
in processing election mail, the Postal Service shall place a marking
or notice indicating that a piece of mail is election mail.
``(b) Requirements.--The Postal Service may determine the
appropriate manner in which subsection (a) is carried out, but at a
minimum such marking or notice shall--
``(1) be placed, as soon as practicable, at the time the
election mail is received by the Postal Service, in a
conspicuous and legible type or in a common machine-readable
technology on the envelope or other cover in which the election
mail is mailed; and
``(2) clearly demonstrate the date and time that such
marking or noticed was so placed.
``(c) Rule of Construction.--Nothing in this section may be
construed as requiring any change to the processes and procedures used
by the Postal Service with respect to Postal Service barcodes on
envelopes carried or delivered by the Postal Service.
``Sec. 3704. Application to Uniformed and Overseas Citizens Absentee
Voting Act
``This chapter shall not apply to balloting materials under the
Uniformed and Overseas Citizens Absentee Voting Act and nothing in this
chapter shall be construed to alter or otherwise affect the operation
of such Act or section 3406 of this title.''.
(c) Postmarking Stamps.--Section 503 of title 18, United States
Code, is amended--
(1) by striking ``Whoever forges'' and inserting ``(a)
Whoever forges'';
(2) by striking ``or such impression thereof,'' and all
that follows and inserting the following:
``or such impression thereof--
``(1) shall be fined under this title or imprisoned not
more than five years, or both; or
``(2) if the impression from a postmarking stamp or
impression thereof forged, counterfeited, used, sold, or
possessed in violation of this section is applied to a mailed
ballot for an election for Federal, State, or local office,
shall be fined under this title or imprisoned not more than 10
years, or both.''; and
(3) by adding at the end following new subsection:
``(a) Whoever, with the intent to falsify the date on which a
postmark was applied, applies to a mailed ballot described in
subsection (a)(2) a genuine postmark that bears a date other than the
date on which such postmark was applied, shall be subject to the
penalties set forth in such subsection.''.
SEC. 133. CLARIFICATION OF RIGHT OF STATE TO APPEAL DECISIONS THROUGH
DULY AUTHORIZED REPRESENTATIVE.
Section 1254 of title 28, United States Code, is amended--
(1) in paragraph (1), by striking the semicolon at the end
and inserting a period; and
(2) by adding at the end the following:
``(3) By appeal by a party (including the State as
represented by any agent authorized as a party under State law)
relying on a State statute held by a court of appeals to be
invalid as repugnant to the Constitution, treaties or laws of
the United States, but such appeal shall preclude review by
writ of certiorari at the instance of such appellant, and the
review on appeal shall be restricted to the Federal questions
presented.''.
SEC. 134. CLARIFICATION OF FEDERAL AGENCY INVOLVEMENT IN VOTER
REGISTRATION ACTIVITIES.
Executive Order 14019 (86 Fed. Reg. 13623; relating to promoting
access to voting) shall have no force or effect to the extent that it
is inconsistent with section 7 of the National Voter Registration Act
of 1993 (52 U.S.C. 20506).
SEC. 135. PROHIBITION ON USE OF FEDERAL FUNDS FOR ELECTION
ADMINISTRATION IN STATES THAT PERMIT BALLOT HARVESTING.
(a) Short Title.--This section may be cited as the ``No Federal
Funds for Ballot Harvesting Act''.
(b) Findings.--Congress finds that--
(1) the right to vote is a fundamental right of citizens of
the United States, as described by the Constitution of the
United States;
(2) the Committee on House Administration of the House of
Representatives, which is charged with investigating election
irregularities, received reports through its official Election
Observer Program for the 2018 general election and the 2020
general election, as well as from other stakeholders, that
individuals other than voters themselves were depositing large
amounts of absentee ballots at polling places throughout
California and other States, a practice colloquially known as
``ballot harvesting'';
(3) the practice of ballot harvesting creates significant
vulnerabilities in the chain-of-custody of ballots because
individuals collecting ballots are not required to be
registered voters and are not required to identify themselves
at a voter's home, and the State does not track how many
ballots are harvested in an election;
(4) in North Carolina, a congressional election was
invalidated due to fraud associated with ballot harvesting
committed by a political operative, and it is unlikely such
activity would have been detected were it not for the
prohibition against ballot harvesting in the State;
(5) ballot harvesting invites electioneering activity at
home and weakens States' long-standing voter protection
procedures, which remain in place at polling locations,
creating the possibility of undue influence over voters by
political operatives and other bad actors; and
(6) the Supreme Court of the United States has affirmed
State authority to restrict ballot harvesting (Brnovich v.
Democratic National Committee, 141 S. Ct. 2321 (2021)).
(c) Prohibition on Federal Funds for Election Administration for
States Allowing Collection and Transmission of Ballots by Certain Third
Parties.--
(1) In general.--The Help America Vote Act of 2002 (52
U.S.C. 20901 et seq.) is amended by adding at the end the
following new section:
``SEC. 908. PROHIBITION ON FEDERAL FUNDS FOR ELECTION ADMINISTRATION
FOR STATES ALLOWING COLLECTION AND TRANSMISSION OF
BALLOTS BY CERTAIN THIRD PARTIES.
``(a) In General.--Notwithstanding any other provision of law, no
Federal funds may be used to administer any election for Federal office
in a State unless the State has in effect a law that prohibits an
individual from the knowing collection and transmission of a ballot in
an election for Federal office that was mailed to another person, other
than an individual described as follows:
``(1) An election official while engaged in official duties
as authorized by law.
``(2) An employee of the United States Postal Service or
other commercial common carrier engaged in similar activities
while engaged in duties authorized by law.
``(3) Any other individual who is allowed by law to collect
and transmit United States mail, while engaged in official
duties as authorized by law.
``(4) A family member, household member, or caregiver of
the person to whom the ballot was mailed.
``(b) Definitions.--For purposes of this section, with respect to a
person to whom the ballot was mailed:
``(1) The term `caregiver' means an individual who provides
medical or health care assistance to such person in a
residence, nursing care institution, hospice facility, assisted
living center, assisted living facility, assisted living home,
residential care institution, adult day health care facility,
or adult foster care home.
``(2) The term `family member' means an individual who is
related to such person by blood, marriage, adoption or legal
guardianship.
``(3) The term `household member' means an individual who
resides at the same residence as such person.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end the following new item:
``Sec. 908. Prohibition on Federal funds for election administration
for States allowing collection and
transmission of ballots by certain third
parties.''.
SEC. 136. CLARIFICATION WITH RESPECT TO FEDERAL ELECTION RECORD-KEEPING
REQUIREMENT.
Section 301 of the Civil Rights Act of 1960 (52 U.S.C. 20701) is
amended by inserting `` including envelopes used to deliver ballots by
mail,'' after ``requisite to voting in such election,''.
SEC. 137. CLARIFICATION OF RULES WITH RESPECT TO HIRING OF ELECTION
WORKERS.
(a) In General.--With respect to hiring election workers in a State
or local jurisdiction, the State or local jurisdiction may give
preference to individuals who are veterans or individuals with a
disability.
(b) Individual With a Disability Defined.--In this section, an
``individual with a disability'' means an individual with an impairment
that substantially limits any major life activities.
SEC. 138. UNITED STATES POSTAL SERVICE COORDINATION WITH STATES TO
ENSURE MAILING ADDRESSES.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Postmaster General shall, in coordination
with the appropriate State executives of each State, carry out a
program to identify and assign a mailing address to each home in each
State that, as of the date of the enactment of this Act, does not have
a mailing address assigned to such home, with a priority given to
assigning mailing addresses to such homes located on Indian lands.
(b) Definitions.--In this section:
(1) Indian.--The term ``Indian'' has the meaning given the
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(2) Indian lands.--The term ``Indian lands'' includes--
(A) any Indian country of an Indian Tribe, as
defined under section 1151 of title 18, United States
Code;
(B) any land in Alaska owned, pursuant to the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), by an Indian Tribe that is a Native village (as
defined in section 3 of that Act (43 U.S.C. 1602)) or
by a Village Corporation that is associated with an
Indian Tribe (as defined in section 3 of that Act (43
U.S.C. 1602));
(C) any land on which the seat of the Tribal
Government is located; and
(D) any land that is part or all of a Tribal
designated statistical area associated with an Indian
Tribe, or is part or all of an Alaska Native village
statistical area associated with an Indian Tribe, as
defined by the Census Bureau for the purposes of the
most recent decennial census.
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(4) State.--The term ``State'' has the meaning given such
term in section 901 of the Help America Vote Act of 2002 (52
U.S.C. 21141).
(5) Tribal government.--The term ``Tribal Government''
means the recognized governing body of an Indian Tribe.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 to carry out this section.
SEC. 139. STATE DEFINED.
Section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141)
is amended by striking ``and the United States Virgin Islands'' and
inserting ``the United States Virgin Islands, and the Commonwealth of
the Northern Mariana Islands''.
Subtitle D--District of Columbia Election Integrity and Voter
Confidence
SEC. 141. SHORT TITLE.
This subtitle may be cited as the ``American Confidence in
Elections: District of Columbia Election Integrity and Voter Confidence
Act''.
SEC. 142. REQUIREMENTS FOR ELECTIONS IN DISTRICT OF COLUMBIA.
(a) Requirements Described.--Title III of the Help America Vote Act
of 2002 (52 U.S.C. 21801 et seq.) is amended by adding at the end the
following new subtitle:
``Subtitle C--Requirements for Elections in District of Columbia
``SEC. 321. STATEMENT OF CONGRESSIONAL AUTHORITY; FINDINGS.
``Congress finds that it has the authority to establish the terms
and conditions for the administration of elections for public office in
the District of Columbia--
``(1) under article I, section 8, clause 17 of the
Constitution of the United States, which grants Congress the
exclusive power to enact legislation with respect to the seat
of the government of the United States; and
``(2) under other enumerated powers granted to Congress.
``SEC. 322. REQUIREMENTS FOR PHOTO IDENTIFICATION.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Voter Identification
Act'.
``(b) Requiring Provision of Identification To Receive a Ballot or
Vote.--
``(1) Individuals voting in person.--A District of Columbia
election official may not provide a ballot for a District of
Columbia election to an individual who desires to vote in
person unless the individual presents to the official an
identification described in paragraph (3).
``(2) Individuals voting other than in person.--A District
of Columbia election official may not provide a ballot for a
District of Columbia election to an individual who desires to
vote other than in person unless the individual submits with
the application for the ballot a copy of an identification
described in paragraph (3).
``(3) Identification described.--An identification
described in this paragraph is, with respect to an individual,
any of the following:
``(A) A current and valid motor vehicle license
issued by the District of Columbia or any other current
and valid photo identification of the individual which
is issued by the District of Columbia or the
identification number for such motor vehicle license or
photo identification.
``(B) A current and valid United States passport, a
current and valid military photo identification, or any
other current and valid photo identification of the
individual which is issued by the Federal Government.
``(C) Any current and valid photo identification of
the individual which is issued by a Tribal Government.
``(D) A student photo identification issued by a
secondary school (as such term is defined in section
8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801)) or an institution of higher
education (as such term is defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001)).
``(E) The last 4 digits of the individual's social
security number.
``(4) Ensuring proof of residence.--If an individual
presents or submits an identification described in paragraph
(3) which does not include the address of the individual's
residence, the District of Columbia election official may not
provide a ballot to the individual unless the individual
presents or submits a document or other written information
from a third party which--
``(A) provides the address of the individual's
residence; and
``(B) such document or other written information is
of sufficient validity such that the election official
is reasonably certain as to the identity of the
individual.
``(c) Provision of Identification Without Cost to Indigent
Individuals.--If the District of Columbia charges an individual a fee
for an identification described in subsection (b)(3) and the individual
provides an attestation that the individual is unable to afford the
fee, the District of Columbia shall provide the identification to the
individual at no cost.
``(d) Special Rule With Respect to Sincerely Held Religious
Beliefs.--In the case of an individual who is unable to comply with the
requirements of subsection (b) due to sincerely held religious beliefs,
the District of Columbia shall provide such individual with an
alternative identification that shall be deemed to meet the
requirements of an identification described in subsection (b)(3).
``(e) Designation of District of Columbia Agency To Provide Copies
of Identification.--The Mayor of the District of Columbia shall
designate an agency of the District of Columbia Government to provide
an individual with a copy of an identification described in subsection
(b)(3) at no cost to the individual for the purposes of meeting the
requirement under subsection (b)(2).
``(f) Inclusion of Photos in Poll Books.--
``(1) Methods for obtaining photos.--
``(A) Provision of photos by offices of district of
columbia government.--If any office of the District of
Columbia Government has a photograph or digital image
of the likeness of an individual who is eligible to
vote in a District of Columbia election, the office, in
consultation with the chief election official of the
District of Columbia, shall provide access to the
photograph or digital image to the chief election
official of the District of Columbia.
``(B) Taking of photos at polling place.--If a
photograph or digital image of an individual who votes
in person at a polling place is not included in the
poll book which contains the name of the individuals
who are eligible to vote in the District of Columbia
election and which is used by election officials to
provide ballots to such eligible individuals, the
appropriate election official shall take a photograph
of the individual and provide access to the photograph
to the chief election official of the District of
Columbia.
``(C) Copies of photos provided by individuals not
voting in person.--The election official who receives a
copy of an identification described in subsection
(b)(3) which is submitted by an individual who desires
to vote other than in person at a polling place shall
provide access to the copy of the identification to the
chief election official of the District of Columbia.
``(2) Inclusion in poll books.--The chief election official
of the District of Columbia shall ensure that a photograph,
digital image, or copy of an identification for which access is
provided under paragraph (1) is included in the poll book which
contains the name of the individuals who are eligible to vote
in the District of Columbia election and which is used by
election officials to provide ballots to such eligible
individuals.
``(3) Protection of privacy of voters.--The appropriate
election officials of the District of Columbia shall ensure
that any photograph, digital image, or copy of an
identification which is included in a poll book under this
subsection is not used for any purpose other than the
administration of District of Columbia elections and is not
provided or otherwise made available to any other person except
as may be necessary to carry out that purpose.
``(g) Exceptions.--This section does not apply with respect to any
individual who is--
``(1) entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C.
20301 et seq.);
``(2) provided the right to vote otherwise than in person
under section 3(b)(2)(B)(ii) of the Voting Accessibility for
the Elderly and Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii));
or
``(3) entitled to vote otherwise than in person under any
other Federal law.
``(h) Definitions.--For the purposes of this section, the following
definitions apply:
``(1) Indian tribe.--The term `Indian Tribe' has the
meaning given the term `Indian tribe' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
``(2) Tribal government.--The term `Tribal Government'
means the recognized governing body of an Indian Tribe.
``SEC. 323. REQUIREMENTS FOR VOTER REGISTRATION.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Voter List Maintenance
Act'.
``(b) Annual List Maintenance.--
``(1) Requirements.--
``(A) In general.--The District of Columbia shall
carry out annually a program to remove ineligible
persons from the official list of persons registered to
vote in the District of Columbia, as required by
section 8 of the National Voter Registration Act of
1993 (52 U.S.C. 20507) and pursuant to the procedures
described in subparagraph (B).
``(B) Removal from voter rolls.--In the case of a
registrant from the official list of eligible voters in
District of Columbia elections who has failed to vote
in a District of Columbia election during a period of
two consecutive years, the District of Columbia shall
send to such registrant a notice described in section
8(d)(2) of the National Voter Registration Act of 1993
(52 U.S.C. 20507(d)(2)) and shall remove the registrant
from the official list of eligible voters in District
of Columbia elections if--
``(i) the registrant fails to respond to
such notice; and
``(ii) the registrant has not voted or
appeared to vote in a District of Columbia
election during the period beginning the date
such notice is sent and ending the later of 4
years after the date such notice is sent or
after two consecutive District of Columbia
general elections have been held.
``(2) Timing.--In the case of a year during which a
regularly scheduled District of Columbia election is held, the
District of Columbia shall carry out the program described in
paragraph (1) not later than 90 days prior to the date of the
election.
``(c) Prohibiting Same-Day Registration.--The District of Columbia
may not permit an individual to vote in a District of Columbia election
unless, not later than 30 days prior to the date of the election, the
individual is duly registered to vote in the election.
``SEC. 324. BAN ON COLLECTION AND TRANSMISSION OF BALLOTS BY CERTAIN
THIRD PARTIES.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Election Fraud Prevention
Act'.
``(b) In General.--The District of Columbia may not permit an
individual to knowingly collect and transmit a ballot in a District of
Columbia election that was mailed to another person, other than an
individual described as follows:
``(1) An election official while engaged in official duties
as authorized by law.
``(2) An employee of the United States Postal Service or
other commercial common carrier engaged in similar activities
while engaged in duties authorized by law.
``(3) Any other individual who is allowed by law to collect
and transmit United States mail, while engaged in official
duties as authorized by law.
``(4) A family member, household member, or caregiver of
the person to whom the ballot was mailed.
``(c) Definitions.--For purposes of this section, with respect to a
person to whom the ballot was mailed:
``(1) The term `caregiver' means an individual who provides
medical or health care assistance to such person in a
residence, nursing care institution, hospice facility, assisted
living center, assisted living facility, assisted living home,
residential care institution, adult day health care facility,
or adult foster care home.
``(2) The term `family member' means an individual who is
related to such person by blood, marriage, adoption or legal
guardianship.
``(3) The term `household member' means an individual who
resides at the same residence as such person.
``SEC. 325. TIMELY PROCESSING AND REPORTING OF RESULTS.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Timely Reporting of
Election Results Act'.
``(b) Time for Processing Ballots and Reporting Results.--The
District of Columbia shall begin processing ballots received by mail in
a District of Columbia election as soon as such ballots are received
and shall ensure that the results of such District of Columbia election
are reported to the public not later than 10:00 am on the date
following the date of the election, but in no case shall such ballots
be tabulated or such results be reported earlier than the closing of
polls on the date of the election.
``(c) Requirement To Publish Number of Voted Ballots on Election
Day.--The District of Columbia shall, as soon as practicable after the
closing of polls on the date of a District of Columbia election, make
available on a publicly accessible website the total number of voted
ballots in the possession of election officials in the District of
Columbia as of the time of the closing of polls on the date of such
election, which shall include, as of such time--
``(1) the number of voted ballots delivered by mail;
``(2) the number of ballots requested for such election by
individuals who are entitled to vote by absentee ballot under
the Uniformed and Overseas Citizens Absentee Voting Act (52
U.S.C. 20301 et seq.); and
``(3) the number of voted ballots for such election
received from individuals who are entitled to vote by absentee
ballot under the Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20301 et seq.), including from
individuals who, under such Act, voted by absentee ballot
without requesting such a ballot.
``(d) Requirements To Ensure Bipartisan Election Administration
Activity.--With respect to a District of Columbia election, District of
Columbia election officials shall ensure that all activities are
carried out in a bipartisan manner, which shall include a requirement
that, in the case of an election worker who enters a room which
contains ballots, voting equipment, or non-voting equipment as any part
of the election worker's duties to carry out such election, the
election worker is accompanied by an individual registered to vote with
respect to a different political party than such election worker, as
determined pursuant to the voting registration records of the District
of Columbia.
``SEC. 326. BAN ON NONCITIZEN VOTING.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Citizen Voter Act'.
``(b) Ban on Non-Citizen Voting.--No individual may vote in a
District of Columbia election unless the individual is a citizen of the
United States.
``SEC. 327. REQUIREMENTS WITH RESPECT TO PROVISIONAL BALLOTS.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Provisional Ballot Reform
Act'.
``(b) In General.--Except as provided in subsection (c), the
District of Columbia shall permit an individual to cast a provisional
ballot pursuant to section 302 if--
``(1) the individual declares that such individual is a
registered voter in the District of Columbia and is eligible to
vote in a District of Columbia election but the name of the
individual does not appear on the official list of eligible
voters for the polling place or an election official asserts
that the individual is not eligible to vote; or
``(2) the individual declares that such individual is a
registered voter in the District of Columbia and is eligible to
vote in a District of Columbia election but does not provide an
identification required under section 322, except that the
individual's provisional ballot shall not be counted in the
election unless the individual provides such identification to
the chief State election official of the District of Columbia
not later than 5:00 pm on the second day which begins after the
date of the election.
``(c) Requirements With Respect to Counting Provisional Ballots in
Certain Cases.--If the name of an individual who is a registered voter
in the District of Columbia and eligible to vote in a District of
Columbia election appears on the official list of eligible voters for a
polling place in the District of Columbia, such individual may cast a
provisional ballot pursuant to section 302 for such election at a
polling place other than the polling place with respect to which the
name of the individual appears on the official list of eligible voters,
except that the individual's provisional ballot shall not be counted in
the election unless the individual demonstrates pursuant to the
requirements under section 302 that the individual is a registered
voter in the jurisdiction of the polling place at which the individual
cast such ballot.
``SEC. 328. MANDATORY POST-ELECTION AUDITS.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Mandatory Post-Election
Audits Act'.
``(b) Requirement for Post-Election Audits.--Not later than 30 days
after each District of Columbia election, the District of Columbia
shall conduct and publish an audit of the effectiveness and accuracy of
the voting systems used to carry out the election and the performance
of the election officials who carried out the election, but in no case
shall such audit be completed later than 2 business days before the
deadline to file an election contest under the laws of the District of
Columbia.
``SEC. 329. PUBLIC OBSERVATION OF ELECTION PROCEDURES.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Public Observation of
Election Procedures Act'.
``(b) Designated Representatives of Candidates, Political Parties,
and Committees Affiliated With Ballot Initiatives.--
``(1) Authority to observe procedures.--An individual who
is not a District of Columbia election official may observe
election procedures carried out in a District of Columbia
election, as described in paragraph (2), if the individual is
designated to observe such procedures by a candidate in the
election, a political party, or a committee affiliated with a
ballot initiative or referendum in the election.
``(2) Authority and procedures described.--The authority of
an individual to observe election procedures pursuant to this
subsection is as follows:
``(A) The individual may serve as a poll watcher to
observe the casting and tabulation of ballots at a
polling place on the date of the election or on any day
prior to the date of the election on which ballots are
cast at early voting sites, and may challenge the
casting or tabulation of any such ballot.
``(B) The individual may serve as a poll watcher to
observe the canvassing and processing of absentee or
other mail-in ballots, including the procedures for
verification of signed certificates of transmission
under section 330(c)(2).
``(C) The individual may observe the recount of the
results of the election at any location at which the
recount is held, and may challenge the tabulation of
any ballot tabulated pursuant to the recount.
``(3) Provision of credentials.--The chief State election
official of the District of Columbia shall provide each
individual who is authorized to observe election procedures
under paragraph (1) with appropriate credentials to enable the
individual to observe such procedures.
``(4) Exception for candidates and law enforcement
officers.--An individual may not serve as a poll watcher under
subparagraph (A) or (B) of paragraph (2), and the chief State
election official of the District of Columbia may not provide
the individual with credentials to enable the individual to
serve as a poll watcher under such subparagraph, if the
individual is a candidate in the election or a law enforcement
officer.
``(c) Other Individuals.--
``(1) Petition for observer credentials.--In addition to
the individuals described in subsection (b), any individual,
including an individual representing or affiliated with a
domestic or international organization, may petition the chief
State election official of the District of Columbia to provide
the individual with credentials to observe election procedures
carried out in a District of Columbia election, as described in
subsection (b).
``(2) Authority described.--If the chief State election
official provides an individual with credentials under
paragraph (1), the individual shall have the same authority to
observe election procedures carried out in the election as an
individual described in subsection (b), except that the
individual may not challenge the casting, tabulation,
canvassing, or processing of any ballot in the election.
``(3) Exception for candidates and law enforcement
officers.--The chief State election official of the District of
Columbia may not provide an individual who is a candidate in
the election or a law enforcement officer with credentials to
serve as a poll watcher, as described in subparagraph (A) or
(B) of subsection (b)(2).
``(d) Authority of Members of Public To Observe Testing of
Equipment.--In addition to the authority of individuals to observe
procedures under subsections (b) and (c), any member of the public may
observe the testing of election equipment by election officials prior
to the date of the election.
``(e) Prohibiting Limits on Ability To View Procedures.--An
election official may not obstruct the ability of an individual who is
authorized to observe an election procedure under this section to view
the procedure as it is being carried out.
``(f) Prohibition Against Certain Restrictions.--An election
official may not require that an individual who observes election
procedures under this section stays more than 3 feet away from the
procedure as it is being carried out.
``SEC. 330. REQUIREMENTS FOR VOTING BY MAIL-IN BALLOT.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Mail Balloting Reform
Act'.
``(b) Prohibiting Transmission of Unsolicited Ballots.--The
District of Columbia may not transmit an absentee or other mail-in
ballot for a District of Columbia election to any individual who does
not request the District of Columbia to transmit the ballot.
``(c) Signature Verification.--
``(1) Inclusion of certificate with ballot.--The District
of Columbia shall include with each absentee or other mail-in
ballot transmitted for a District of Columbia election a
certificate of transmission which may be signed by the
individual for whom the ballot is transmitted.
``(2) Requiring verification for ballot to be counted.--
Except as provided in subsection (d), the District of Columbia
may not accept an absentee or other mail-in ballot for a
District of Columbia election unless--
``(A) the individual for whom the ballot was
transmitted--
``(i) signs and dates the certificate of
transmission included with the ballot under
paragraph (1); and
``(ii) includes the signed certification
with the ballot and the date on such
certification is accurate and in no case later
than the date of the election; and
``(B) the individual's signature on the ballot
matches the signature of the individual on the official
list of registered voters in the District of Columbia
or other official record or document used by the
District of Columbia to verify the signatures of
voters.
``(d) Notice and Opportunity To Cure.--
``(1) Notice and opportunity to cure discrepancy in
signatures.--If an individual submits an absentee or other
mail-in ballot for a District of Columbia election and the
appropriate District of Columbia election official determines
that a discrepancy exists between the signature on such ballot
and the signature of such individual on the official list of
registered voters in the District of Columbia or other official
record or document used by the District of Columbia to verify
the signatures of voters, such election official, prior to
making a final determination as to the validity of such ballot,
shall--
``(A) make a good faith effort to immediately
notify the individual by mail, telephone, or (if
available) text message and electronic mail that--
``(i) a discrepancy exists between the
signature on such ballot and the signature of
the individual on the official list of
registered voters in the District of Columbia
or other official record or document used by
the District of Columbia to verify the
signatures of voters; and
``(ii) if such discrepancy is not cured
prior to the expiration of the 48-hour period
which begins on the date the official notifies
the individual of the discrepancy, such ballot
will not be counted; and
``(B) cure such discrepancy and count the ballot
if, prior to the expiration of the 48-hour period
described in subparagraph (A)(ii), the individual
provides the official with information to cure such
discrepancy, either in person, by telephone, or by
electronic methods.
``(2) Notice and opportunity to cure missing signature or
other defect.--If an individual submits an absentee or other
mail-in ballot for a District of Columbia election without a
signature on the ballot or the certificate of transmission
included with the ballot under subsection (c)(1) or submits an
absentee ballot with another defect which, if left uncured,
would cause the ballot to not be counted, the appropriate
District of Columbia election official, prior to making a final
determination as to the validity of the ballot, shall--
``(A) make a good faith effort to immediately
notify the individual by mail, telephone, or (if
available) text message and electronic mail that--
``(i) the ballot or certificate of
transmission did not include a signature or has
some other defect; and
``(ii) if the individual does not provide
the missing signature or cure the other defect
prior to the expiration of the 48-hour period
which begins on the date the official notifies
the individual that the ballot or certificate
of transmission did not include a signature or
has some other defect, such ballot will not be
counted; and
``(B) count the ballot if, prior to the expiration
of the 48-hour period described in subparagraph
(A)(ii), the individual provides the official with the
missing signature on a form proscribed by the District
of Columbia or cures the other defect.
This paragraph does not apply with respect to a defect
consisting of the failure of a ballot to meet the applicable
deadline for the acceptance of the ballot, as described in
subsection (e).
``(e) Deadline for Acceptance.--
``(1) Deadline.--Except as provided in paragraph (2), the
District of Columbia may not accept an absentee or other mail-
in ballot for a District of Columbia election which is received
by the appropriate election official following the close of
polls on Election Day.
``(2) Exception for absent military and overseas voters.--
Paragraph (1) does not apply to a ballot cast by an individual
who is entitled to vote by absentee ballot under the Uniformed
and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et
seq.).
``(3) Rule of construction.--Nothing in this subsection may
be construed as prohibiting the District of Columbia from
accepting an absentee or other mail-in ballot for a District of
Columbia election that is delivered in person by the voter to
an election official at an appropriate polling place or the
District of Columbia Board of Elections if such ballot is
received by the election official by the deadline described in
paragraph (1).
``SEC. 331. REQUIREMENTS WITH RESPECT TO USE OF DROP BOXES.
``(a) Short Title.--This section may be cited as the `American
Confidence in Elections: District of Columbia Ballot Security Act'.
``(b) Requirements.--With respect to a District of Columbia
election, the District of Columbia may not use a drop box to accept a
voted absentee or other mail-in ballot for any such election unless--
``(1) any such drop box is located inside a District of
Columbia Government building or facility;
``(2) the District of Columbia provides for the security of
any such drop box through 24-hour remote or electronic
surveillance; and
``(3) the District of Columbia Board of Elections collects
any ballot deposited in any such drop box each day after 5:00
p.m. (local time) during the period of the election.
``SEC. 332. SPECIAL RULE WITH RESPECT TO APPLICATION OF REQUIREMENTS TO
FEDERAL ELECTIONS.
``With respect to an election for Federal office in the District of
Columbia, to the extent that there is any inconsistency with the
requirements of this subtitle and the requirements of subtitle A, the
requirements of this subtitle shall apply.
``SEC. 333. DISTRICT OF COLUMBIA ELECTION DEFINED.
``In this subtitle, the term `District of Columbia election' means
any election for public office in the District of Columbia, including
an election for Federal office, and any ballot initiative or
referendum.''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking the period at the end
and inserting the following: ``, and the requirements of subtitle C
with respect to the District of Columbia.''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the items relating to title III the
following:
``Subtitle C--Requirements for Elections in District of Columbia
``Sec. 321. Statement of Congressional authority; findings.
``Sec. 322. Requirements for photo identification.
``Sec. 323. Requirements for voter registration.
``Sec. 324. Ban on collection and transmission of ballots by
certain third parties.
``Sec. 325. Timely processing and reporting of results.
``Sec. 326. Ban on noncitizen voting.
``Sec. 327. Requirements with respect to provisional ballots.
``Sec. 328. Mandatory post-election audits.
``Sec. 329. Public observation of election procedures.
``Sec. 330. Requirements for voting by mail-in ballot.
``Sec. 331. Requirements with respect to use of drop boxes.
``Sec. 332. Special rule with respect to application of
requirements to Federal elections.
``Sec. 333. District of Columbia election defined.
SEC. 143. EFFECTIVE DATE.
The amendments made by this subtitle shall apply with respect to
District of Columbia elections held on or after January 1, 2024. For
purposes of this section, the term ``District of Columbia election''
has the meaning given such term in section 333 of the Help America Vote
Act of 2002, as added by section 142(a).
Subtitle E--Administration of the Election Assistance Commission
SEC. 151. SHORT TITLE.
This subtitle may be cited as the ``Positioning the Election
Assistance Commission for the Future Act of 2022''.
SEC. 152. FINDINGS RELATING TO THE ADMINISTRATION OF THE ELECTION
ASSISTANCE COMMISSION.
Congress finds the following:
(1) The Election Assistance Commission best serves the
American people when operating within its core statutory
functions, including serving as a clearinghouse for information
on election administration, providing grants, and testing and
certifying election equipment.
(2) The American people are best served when Federal agency
election assistance is offered by a single agency with
expertise in this space. The Election Assistance Commission,
composed of four election experts from different political
parties, is best situated among the Federal Government agencies
to offer assistance services to citizens and to guide other
Federal agencies that have responsibilities in the elections
space. The Commission is also best suited to determine the
timing of the issuance of any advisories and to disburse all
appropriated election grant funding.
(3) To this end, Congress finds that the Election
Assistance Commission should be viewed as the lead Federal
Government agency on all election administration matters, and
other Federal agencies operating in this space should look to
the Commission for guidance, direction, and support on election
administration-related issues.
SEC. 153. REQUIREMENTS WITH RESPECT TO STAFF AND FUNDING OF THE
ELECTION ASSISTANCE COMMISSION.
(a) Staff.--Section 204(a)(5) of the Help America Vote Act of 2002
(52 U.S.C. 20924(a)(5)) is amended by striking ``of such additional
personnel'' and inserting ``of not more than 55 full-time equivalent
employees to carry out the duties and responsibilities under this Act
and the additional duties and responsibilities required under the
American Confidence in Elections Act''.
(b) Funding.--Section 210 of the Help America Vote Act of 2002 (52
U.S.C. 20930) is amended--
(1) by striking ``for each of the fiscal years 2003 through
2005'' and inserting ``for each of the fiscal years 2023
through 2025''; and
(2) by striking ``(but not to exceed $10,000,000 for each
such year)'' and inserting ``(but not to exceed $25,000,000 for
each such year)''.
(c) Prohibition on Certain Use of Funds.--
(1) Prohibition.--None of the funds authorized to be
appropriated or otherwise made available under subsection (b)
may be obligated or expended for the operation of an advisory
committee established by the Election Assistance Commission
pursuant to and in accordance with the provisions of the
Federal Advisory Committee Act (5 U.S.C. App. 2), except with
respect to the operation of the Local Leadership Council.
(2) No effect on entities established by help america vote
act of 2002.--Paragraph (1) does not apply with respect to the
operation of any entity established by the Help America Vote
Act of 2002, including the Election Assistance Commission
Standards Board, the Election Assistance Commission Board of
Advisors, and the Technical Guidelines Development Committee.
(d) Requirements With Respect to Compensation of Members of the
Commission.--Section 203(d) of the Help America Vote Act of 2002 (52
U.S.C. 20923(d)) is amended--
(1) in paragraph (1), by striking ``at the annual rate of
basic pay prescribed for level IV of the Executive Schedule
under section 5315 of title 5, United States Code'' and
inserting ``at an annual rate of basic pay equal to the amount
of $186,300, as adjusted under section 5318 of title 5, United
States Code, in the same manner as the annual rate of pay for
positions at each level of the Executive Schedule'';
(2) in paragraph (2), by striking ``No member appointed''
and inserting ``Except as provided in paragraph (3), no member
appointed''; and
(3) by adding at the end the following new paragraph:
``(3) Supplemental employment and compensation.--An
individual serving a term of service on the Commission shall be
permitted to hold a position at an institution of higher
education (as such term is defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)) if--
``(A) the Inspector General of the Election
Assistance Commission determines that such position
does not create a conflict of interest with the
individual's position as a sitting member of the
Commission and grants the individual approval to hold
the position; and
``(B) the annual rate of compensation received by
the individual from such institution is not greater
than the amount equal to 49.9% of the annual rate of
basic pay paid to the individual under paragraph
(1).''.
(e) Office of Inspector General.--Section 204 of the Help America
Vote Act of 2002 (52 U.S.C. 20924) is amended by adding at the end the
following new subsection:
``(f) Office of Inspector General.--The Inspector General of the
Election Assistance Commission may appoint not more than 7 full-time
equivalent employees to assist the Inspector General to carry out the
duties and responsibilities under section 4 of the Inspector General
Act of 1978 (5 U.S.C. App. 4), of whom 2 shall have primarily
administrative duties and responsibilities.''.
(f) Effective Date.--This section and the amendments made by this
section shall take effect on October 1, 2022.
SEC. 154. EXCLUSIVE AUTHORITY OF ELECTION ASSISTANCE COMMISSION TO MAKE
ELECTION ADMINISTRATION PAYMENTS TO STATES.
(a) In General.--No entity of the Federal Government other than the
Election Assistance Commission may make any payment to a State for
purposes of administering elections for Federal office, including
obtaining election and voting equipment and infrastructure, enhancing
election and voting technology, and making election and voting security
improvements, including with respect to cybersecurity and
infrastructure.
(b) Effective Date.--Subsection (a) shall apply with respect to
payments made on or after the date of the enactment of this Act.
SEC. 155. EXECUTIVE BOARD OF THE STANDARDS BOARD AUTHORITY TO ENTER
INTO CONTRACTS.
Section 213(c) of the Help America Vote Act of 2002 (52 U.S.C.
20943(c)) is amended by adding at the end the following new paragraph:
``(5) Authority to enter into contracts.--The Executive
Board of the Standards Board may, using amounts already made
available to the Commission, enter into contracts to employ and
retain no more than 2 individuals to enable the Standards Board
to discharge its duties with respect to the examination and
release of voluntary considerations with respect to the
administration of elections for Federal offices by the States
under section 247, except that--
``(A) no more than 1 individual from the same
political party may be employed under such contracts at
the same time;
``(B) the authority to enter into such contracts
shall end on the earlier of the date of the release of
the considerations or December 31, 2023; and
``(C) no additional funds may be appropriated to
the Commission for the purposes of carrying out this
paragraph.''.
SEC. 156. ELECTION ASSISTANCE COMMISSION PRIMARY ROLE IN ELECTION
ADMINISTRATION.
Except as provided in any other provision of law, the Election
Assistance Commission shall, with respect to any other entity of the
Federal Government, have primary jurisdiction to address issues with
respect to the administration of elections for Federal office.
Subtitle F--Prohibition on Involvement in Elections by Foreign
Nationals
SEC. 161. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN
NATIONALS IN CONNECTION WITH BALLOT INITIATIVES AND
REFERENDA.
(a) Short Title.--This section may be cited as the ``Keeping
Foreign Money out of Ballot Measures Act of 2022''.
(b) In General.--Chapter 29 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 612. Foreign nationals making certain political contributions
``(a) Prohibition.--It shall be unlawful for a foreign national,
directly or indirectly, to make a contribution as such term is defined
in section 301(8)(A) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30101(8)(A)) or donation of money or other thing of value, or to
make an express or implied promise to make a contribution or donation,
in connection with a State or local ballot initiative or referendum.
``(b) Penalty.--Any person who violates subsection (a) shall be
fined not more than the greater of $10,000 or 300 percent of the amount
of the contribution or value of the donation of money or other thing of
value made by the person, imprisoned for not more than 1 year, or both.
``(c) Foreign National Defined.--In this section, the term `foreign
national' has the meaning given such term in section 319(b) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30121(b)).''.
(c) Clerical Amendment.--The table of sections for chapter 29 of
title 18, United States Code, is amended by adding at the end the
following new item:
``612. Foreign nationals making certain political contributions.''.
(d) Effective Date.--The amendment made by this section shall apply
with respect to contributions and donations made on or after the date
of the enactment of this Act.
Subtitle G--Constitutional Experts Panel With Respect to Presidential
Elections
SEC. 171. SHORT TITLE.
This subtitle may be cited as the ``Solving an Overlooked Loophole
in Votes for Executives (SOLVE) Act''.
SEC. 172. ESTABLISHMENT OF PANEL OF CONSTITUTIONAL EXPERTS.
(a) Establishment.--There is established the ``Twentieth Amendment
Section Four Panel'' (in this section referred to as the ``Panel'').
(b) Membership.--
(1) In general.--The Panel shall be composed of 6
constitutional experts, of whom--
(A) 1 shall be appointed by the majority leader of
the Senate;
(B) 1 shall be appointed by the minority leader of
the Senate;
(C) 1 shall be appointed jointly by the majority
and minority leader of the Senate;
(D) 1 shall be appointed by the Speaker of the
House of Representatives;
(E) 1 shall be appointed by minority leader of the
House of Representatives; and
(F) 1 shall be appointed jointly by the Speaker of
the House of Representatives and the minority leader of
the House of Representatives.
(2) Date.--The appointments of the members of the Panel
shall be made not later than 180 days after the date of
enactment of this Act.
(3) Vacancy.--Any vacancy occurring in the membership of
the Panel shall be filled in the same manner in which the
original appointment was made.
(4) Chairperson and vice chairperson.--The Panel shall
select a Chairperson and Vice Chairperson from among the
members of the Panel.
(c) Purpose.--The purpose of the Panel shall be to recommend to
Congress model legislation, which shall provide for an appropriate
process, pursuant to section 4 of the Twentieth Amendment to the United
States Constitution, to resolve any vacancy created by the death of a
candidate in a contingent presidential or vice-presidential election.
(d) Reports.--
(1) Initial report.--Not later than 1 year after the date
on which all of the appointments have been made under
subsection (b)(2), the Panel shall submit to Congress an
interim report containing the Panel's findings, conclusions,
and recommendations.
(2) Final report.--Not later than 6 months after the
submission of the interim report under paragraph (1), the Panel
shall submit to Congress a final report containing the Panel's
findings, conclusions, and recommendations.
(e) Meetings; Information.--
(1) In general.--Meetings of the Panel shall be held at the
Law Library of Congress.
(2) Information.--The Panel may secure from the Law Library
of Congress such information as the Panel considers necessary
to carry out the provisions of this section.
(f) Funds.--
(1) Compensation of members.--Members of the Panel shall
receive no compensation.
(2) Other funding.--No amounts shall be appropriated for
the purposes of this section, except for any amounts strictly
necessary for the Law Library of Congress to execute its
responsibilities under subsection (e).
(g) Termination.--
(1) In general.--The panel established under subsection (a)
shall terminate 90 days after the date on which the panel
submits the final report required under subsection (d)(2).
(2) Records.--Upon termination of the panel, all of its
records shall become the records of the Secretary of the Senate
and the Clerk of the House of Representatives.
TITLE II--MILITARY VOTING ADMINISTRATION
Subtitle A--Findings Relating to Military Voting
SEC. 201. FINDINGS RELATING TO MILITARY VOTING.
Congress finds the following:
(1) Participation in the voting process by Americans who
serve in the Armed Forces is vital to the future of the
Republic; however, due to the realities of service around the
globe and despite many best efforts, the Nation has not always
lived up to its commitment to servicemembers that their vote be
counted.
(2) The Military and Overseas Empowerment (MOVE) Act made
great progress in solving problems with voting that many
servicemembers faced. Yet, for many, it is still difficult to
exercise the franchise, with many ballots not reaching State
elections officials until after the deadline, negating their
voice. After 13 years, Congress must address the remaining
issues.
(3) Congress finds that it is a moral imperative of
national importance that every eligible American servicemember
has the opportunity to cast a ballot in each election and, not
only that such ballot be received in time to be counted, but
that it actually be counted according to law.
Subtitle B--GAO Analysis on Military Voting Access
SEC. 211. GAO ANALYSIS AND REPORT ON EFFECTIVENESS OF FEDERAL
GOVERNMENT IN MEETING OBLIGATIONS TO PROMOTE VOTING
ACCESS FOR ABSENT UNIFORMED SERVICES VOTERS.
(a) Analysis.--The Comptroller General of the United States shall
conduct an analysis with respect to the effectiveness of the Federal
Government in carrying out its responsibilities under the Uniformed and
Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.) to
promote access to voting for absent uniformed services voters (as such
term is defined in section 107 of such Act (52 U.S.C. 20310)).
(b) Report.--Not later than December 31, 2023, the Comptroller
General shall submit to the chair and ranking minority member of the
Committee on House Administration of the House of Representatives and
the chair and ranking minority member of the Committee on Rules and
Administration of the Senate a report that contains the results of the
analysis required by subsection (a).
TITLE III--PROTECTION OF POLITICAL SPEECH AND CAMPAIGN FINANCE REFORM
Subtitle A--Protecting Political Speech
SEC. 301. FINDINGS.
Congress finds the following:
(1) The structure of the Constitution and its amendments
represents the radical idea that any sovereign power exercised
by the Federal Government flows either directly from the people
or through the States they established to govern themselves. In
the words of the Ninth and Tenth Amendments, ``[t]he
enumeration in the Constitution, of certain rights, shall not
be construed to deny or disparage others retained by the
people.'' ``The powers not delegated to the United States by
the Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people.''
(2) Among the many freedoms it protects, the First
Amendment prevents Congress from making any law abridging the
freedom of speech, the right of the people peaceably to
assemble, or the right of the people to petition the Government
for the redress of grievances.
(3) Any proposed Federal action concerning freedom of
speech, protest, or petition must start with an analysis of the
First Amendment. Congress must ask whether the proposed action
would abridge these freedoms, and any uncertainty must be
determined in favor of fewer restrictions on speech.
(4) In particular, political speech, uttered in the
furtherance of self-government, must raise an even higher bar
to congressional abridgement. The mechanisms and media used to
offer political speech must realize the same protections.
(5) As the Supreme Court has recognized, the Constitution
grants Congress only a very narrow interest in the regulation
of political speech, the prevention of corruption or the
appearance of corruption.
(6) In order to uphold and effectuate the Constitution, any
Federal statute that goes beyond this interest must be
repealed, and Congress must exercise its Article 1 authorities
to do so.
SEC. 302. REPEAL OF LIMITS ON COORDINATED POLITICAL PARTY EXPENDITURES.
(a) Repeal of Limits.--Section 315(d) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30116(d)) is amended--
(1) in paragraph (1)--
(A) by striking ``may make expenditures'' and
inserting ``may make expenditures, including
coordinated expenditures,''; and
(B) by striking ``Federal office, subject to the
limitations contained in paragraphs (2), (3), and (4)
of this subsection'' and inserting ``Federal office in
any amount''; and
(2) by striking paragraphs (2), (3), (4), and (5).
(b) Clarifying Treatment of Certain Party Communications as
Coordinated Expenditures.--Section 315(d) of such Act (52 U.S.C.
30116(d)), as amended by subsection (a), is amended by adding at the
end the following new paragraph:
``(2) For purposes of this subsection, if a public communication
paid for by a committee of a political party or its agent refers to a
clearly identified House or Senate candidate and is publicly
distributed or otherwise publicly disseminated in the clearly
identified candidate's jurisdiction, the communication shall be treated
as a coordinated expenditure in connection with the campaign of a
candidate for purposes of this subsection.''.
(c) Conforming Amendment Relating to Indexing.--Section 315(c) of
such Act (52 U.S.C. 30116(c)) is amended--
(1) in paragraph (1)(B)(i), by striking ``(d),''; and
(2) in paragraph (2)(B)(i), by striking ``subsections (b)
and (d)'' and inserting ``subsection (b)''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 303. REPEAL OF LIMIT ON AGGREGATE CONTRIBUTIONS BY INDIVIDUALS.
(a) Findings.--Congress finds that the Supreme Court of the United
States in McCutcheon v. FEC, 572 U.S. 185 (2014) determined the
biennial aggregate limits under section 315(a)(3) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30116(a)(3)) to be
unconstitutional.
(b) Repeal.--Section 315(a) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30116(a)) is amended by striking paragraph (3).
(c) Conforming Amendments.--Section 315(c) of such Act (52 U.S.C.
30116(c)) is amended by striking ``(a)(3),'' each place it appears in
paragraph (1)(B)(i), (1)(C), and (2)(B)(ii).
SEC. 304. EQUALIZATION OF CONTRIBUTION LIMITS TO STATE AND NATIONAL
POLITICAL PARTY COMMITTEES.
(a) In General.--Section 315(a)(1) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30116(a)(1)) is amended--
(1) in subparagraph (B), by striking ``a national political
party'' and inserting ``a national or State political party'';
(2) by adding ``or'' at the end of subparagraph (B);
(3) in subparagraph (C), by striking ``; or'' and inserting
a period; and
(4) by striking subparagraph (D).
(b) Contributions by Multicandidate Political Committees.--
(1) In general.--Section 315(a)(2)(B) of such Act (52
U.S.C. 30116(a)(2)(B)) is amended by striking ``a national
political party'' and inserting ``a national or State political
party''.
(2) Price index adjustment.--Section 315(c) of such Act (52
U.S.C. 30116(c)) is amended--
(A) in paragraph (1), by adding at the end the
following new subparagraph:
``(D) In any calendar year after 2022--
``(i) a threshold established by subsection (a)(2) shall be
increased by the percent difference determined under
subparagraph (A);
``(ii) each amount so increased shall remain in effect for
the calendar year; and
``(iii) if any amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''; and
(B) in paragraph (2)(B)--
(i) in clause (i), by striking ``and'' at
the end;
(ii) in clause (ii), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following
new clause:
``(iii) for purposes of subsection (a)(2), calendar
year 2022.''.
(c) Acceptance of Additional Amounts for Certain Accounts.--
(1) Permitting acceptance of additional amounts in same
manner as national parties.--Section 315(a) of such Act (52
U.S.C. 30116(a)) is amended--
(A) in paragraph (1)(B), by striking ``paragraph
(9)'' and inserting ``paragraph (9) or paragraph
(10)''; and
(B) in paragraph (2)(B), by striking ``paragraph
(9)'' and inserting ``paragraph (9) or paragraph
(10)''.
(2) Accounts.--Section 315(a)(9) of such Act (52 U.S.C.
30116(a)(9)) is amended by striking ``national committee of a
political party'' each place it appears in subparagraphs (A),
(B), and (C) and inserting ``committee of a national or State
political party''.
(3) State party convention accounts described.--Section
315(a) of such Act (52 U.S.C. 30116(a)) is amended by adding at
the end the following new paragraph:
``(10) An account described in this paragraph is a separate,
segregated account of a political committee established and maintained
by a State committee of a political party which is used solely to
defray--
``(A) expenses incurred with respect to carrying out State
party nominating activities or other party-building
conventions; or
``(B) expenses incurred with respect to providing for the
attendance of delegates at a presidential nominating
convention, but only to the extent that such expenses are not
paid for from the account described in paragraph (9)(A).''.
(d) Clarification of Indexing of Amounts To Ensure Equalization of
Party Contribution Limits.--For purposes of applying section 315(c) of
such Act (52 U.S.C. 30116(c)) to limits on the amount of contributions
to political committees established and maintained by a State political
party, the amendments made by this section shall be considered to have
been included in section 307 of the Bipartisan Campaign Reform Act of
2002 (Public Law 107-55; 116 Stat. 102).
(e) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 305. EXPANSION OF PERMISSIBLE FEDERAL ELECTION ACTIVITY BY STATE
AND LOCAL POLITICAL PARTIES.
(a) Expansion of Permissible Use of Funds Not Subject to
Contribution Limits or Source Prohibitions by State and Local Political
Parties for Federal Election Activity.--Section 323(b)(2) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30125(b)(2)) is
amended to read as follows:
``(2) Applicability.--Notwithstanding section 301(20), for
purposes of paragraph (1), an amount that is expended or
disbursed by a State, district, or local committee of a
political party shall be considered to be expended or disbursed
for Federal election activity only if the committee coordinated
the expenditure or disbursement of the amount with a candidate
for election for Federal office or an authorized committee of a
candidate for election for Federal office.''.
(b) Conforming Amendments.--
(1) Fundraising costs.--Section 323(c) of such Act (52
U.S.C. 30125(c)) is amended by adding at the end the following
new sentence: ``In the case of a person described in subsection
(b), the previous sentence applies only if the amount was spent
by such person in coordination with a candidate for election
for Federal office or an authorized committee of a candidate
for election for Federal office, as determined pursuant to
regulations promulgated by the Commission for the purpose of
determining whether a political party communication is
coordinated with a candidate, a candidate's authorized
committee, or an agent thereof.''.
(2) Appearance of federal candidates or officeholders at
fundraising events.--Section 323(e)(3) of such Act (52 U.S.C.
30125(e)(3)) is amended by striking ``subsection (b)(2)(C)''
and inserting ``subsection (b)''.
SEC. 306. PARTICIPATION IN JOINT FUNDRAISING ACTIVITIES BY MULTIPLE
POLITICAL COMMITTEES.
(a) Findings.--Congress finds the following:
(1) While Federal law permits the Federal Election
Commission to engage in certain ``gap-filling'' activities as
it administers the Federal Election Campaign Act of 1971, the
regulations promulgated by the Federal Election Commission to
govern joint fundraising activities of multiple political
committees are not tied specifically to any particular
provision of the Act, and while these regulations generally
duplicate the provisions of the Act, they also impose
additional and unnecessary burdens on political committees
which seek to engage in joint fundraising activities, such as a
requirement for written agreements between the participating
committees.
(2) It is therefore not necessary at this time to direct
the Federal Election Commission to repeal the existing
regulations which govern joint fundraising activities of
multiple political committees, as some political committees may
have reasons for following the provisions of such regulations
which impose additional and unnecessary burdens on these
activities.
(b) Criteria for Participation in Joint Fundraising Activities.--
Section 302 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30102) is amended by adding at the end the following new subsection:
``(j) Criteria for Participation in Joint Fundraising Activities by
Multiple Political Committees.--
``(1) Criteria described.--Two or more political committees
as defined in this Act may participate in joint fundraising
activities in accordance with the following criteria:
``(A) The costs of the activities shall be
allocated among and paid for by the participating
committees on the basis of the allocation among the
participating committees of the contributions received
as a result of the activities.
``(B) Notwithstanding subparagraph (A), a
participating committee may make a payment (in whole or
in part) for the portion of the costs of the activities
which is allocated to another participating committee,
and the amount of any such payment shall be treated as
a contribution made by the committee to the other
participating committee.
``(C) The provisions of section 315(a)(8) regarding
the treatment of contributions to a candidate which are
earmarked or otherwise directed through an intermediary
or conduit shall apply to contributions made by a
person to a participating committee which are allocated
by the committee to another participating committee.
``(2) Rule of construction.--Nothing in this subsection may
be construed to prohibit two or more political committees from
participating in joint fundraising activities by designating or
establishing a separate, joint committee subject to the
registration and reporting requirements of this Act or by
publishing a joint fundraising notice.''.
SEC. 307. PROTECTING PRIVACY OF DONORS TO TAX-EXEMPT ORGANIZATIONS.
(a) Short Title.--This section may be cited as the ``Speech Privacy
Act of 2022''.
(b) Restrictions on Collection of Donor Information.--
(1) Restrictions.--An entity of the Federal Government may
not collect or require the submission of information on the
identification of any donor to a tax-exempt organization.
(2) Exceptions.--Paragraph (1) does not apply to the
following:
(A) The Internal Revenue Service, acting lawfully
pursuant to section 6033 of the Internal Revenue Code
of 1986 or any successor provision.
(B) The Secretary of the Senate and the Clerk of
the House of Representatives, acting lawfully pursuant
to section 3 of the Lobbying Disclosure Act of 1995 (2
U.S.C. 1604).
(C) The Federal Election Commission, acting
lawfully pursuant to section 510 of title 36, United
States Code.
(D) An entity acting pursuant to a lawful order of
a court or administrative body which has the authority
under law to direct the entity to collect or require
the submission of the information, but only to the
extent permitted by the lawful order of such court or
administrative body.
(c) Restrictions on Release of Donor Information.--
(1) Restrictions.--An entity of the Federal Government may
not disclose to the public information revealing the
identification of any donor to a tax-exempt organization.
(2) Exceptions.--Paragraph (1) does not apply to the
following:
(A) The Internal Revenue Service, acting lawfully
pursuant to section 6104 of the Internal Revenue Code
of 1986 or any successor provision.
(B) The Secretary of the Senate and the Clerk of
the House of Representatives, acting lawfully pursuant
to section 3 of the Lobbying Disclosure Act of 1995 (2
U.S.C. 1604).
(C) The Federal Election Commission, acting
lawfully pursuant to section 510 of title 36, United
States Code.
(D) An entity acting pursuant to a lawful order of
a court or administrative body which has the authority
under law to direct the entity to disclose the
information, but only to the extent permitted by the
lawful order of such court or administrative body.
(E) An entity which discloses the information as
authorized by the organization.
(d) Tax-Exempt Organization Defined.--In this section, a ``tax-
exempt organization'' means an organization which is described in
section 501(c) of the Internal Revenue Code of 1986 and is exempt from
taxation under section 501(a) of such Code. Nothing in this subsection
may be construed to treat a political organization under section 527 of
such Code as a tax-exempt organization for purposes of this section.
(e) Penalties.--It shall be unlawful for any officer or employee of
the United States, or any former officer or employee, willfully to
disclose to any person, except as authorized in this section, any
information revealing the identification of any donor to a tax-exempt
organization. Any violation of this section shall be a felony
punishable upon conviction by a fine in any amount not exceeding
$250,000, or imprisonment of not more than 5 years, or both, together
with the costs of prosecution, and if such offense is committed by any
officer or employee of the United States, he shall, in addition to any
other punishment, be dismissed from office or discharged from
employment upon conviction for such offense.
SEC. 308. REPORTING REQUIREMENTS FOR TAX-EXEMPT ORGANIZATIONS.
(a) Short Title.--This section may be cited as the ``Don't
Weaponize the IRS Act''.
(b) Organizations Exempt From Reporting.--
(1) Gross receipts threshold.--Clause (ii) of section
6033(a)(3)(A) of the Internal Revenue Code of 1986 is amended
by striking ``$5,000'' and inserting ``$50,000''.
(2) Organizations described.--Subparagraph (C) of section
6033(a)(3) of the Internal Revenue Code of 1986 is amended--
(A) by striking ``and'' at the end of clause (v),
(B) by striking the period at the end of clause
(vi) and inserting a semicolon, and
(C) by adding at the end the following new clauses:
``(vii) any other organization described in
section 501(c) (other than a private foundation
or a supporting organization described in
section 509(a)(3)); and
``(viii) any organization (other than a
private foundation or a supporting organization
described in section 509(a)(3)) which is not
described in section 170(c)(2)(A), or which is
created or organized in a possession of the
United States, which has no significant
activity (including lobbying and political
activity and the operation of a trade or
business) other than investment activity in the
United States.''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years ending after the date of the
enactment of this Act.
(c) Clarification of Application to Section 527 Organizations.--
(1) In general.--Paragraph (1) of section 6033(g) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``This section'' and inserting
``Except as otherwise provided by this subsection, this
section'', and
(B) by striking ``for the taxable year.'' and
inserting ``for the taxable year in the same manner as
to an organization exempt from taxation under section
501(a).''.
(2) Effective date.--The amendments made by this subsection
shall apply to taxable years ending after the date of the
enactment of this Act.
(d) Reporting of Names and Addresses of Contributors.--
(1) In general.--Paragraph (1) of section 6033(a) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following: ``Except as provided in subsections (b)(5) and
(g)(2)(B), such annual return shall not be required to include
the names and addresses of contributors to the organization.''.
(2) Application to section 527 organizations.--Paragraph
(2) of section 6033(g) of the Internal Revenue Code of 1986 is
amended--
(A) by striking ``and'' at the end of subparagraph
(A),
(B) by redesignating subparagraph (B) as
subparagraph (C), and
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) containing the names and addresses of all
substantial contributors, and''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years ending after the date of the
enactment of this Act.
SEC. 309. MAINTENANCE OF STANDARDS FOR DETERMINING ELIGIBILITY OF
SECTION 501(C)(4) ORGANIZATIONS.
(a) In General.--The Department of the Treasury, including the
Internal Revenue Service, may not issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to a
particular taxpayer relating to the standard which is used to determine
whether an organization is operated exclusively for the promotion of
social welfare for purposes of section 501(c)(4) of the Internal
Revenue Code of 1986 (including the proposed regulations published at
78 Fed. Reg. 71535 (November 29, 2013)).
(b) Application of Current Standards and Definitions.--The standard
and definitions as in effect on January 1, 2010, which are used to make
determinations described in subsection (a) shall apply after the date
of the enactment of this Act for purposes of determining status under
section 501(c)(4) of such Code of organizations created on, before, or
after such date.
SEC. 310. INCREASED FUNDING FOR THE 10-YEAR PEDIATRIC RESEARCH
INITIATIVE FUND.
(a) Short Title.--This section may be cited as the ``Jonny Wade
Pediatric Cancer Research Act''.
(b) Findings Relating to Pediatric Cancer.--Congress finds that
pediatric cancer--
(1) kills over 100,000 children annually worldwide;
(2) reduces a child's life expectancy by 69 years once
diagnosed;
(3) increases the likelihood of a secondary cancer;
(4) is the leading cause of death by disease in children;
(5) affects over 300,000 children annually worldwide; and
(6) gives life-long adverse side effects to the patient.
(c) Findings Relating to Pediatric Cancer Research.--Congress finds
that pediatric cancer research--
(1) increases new treatments for safety and effectiveness;
(2) increases the likelihood of identifying a secondary
cancer after treatment;
(3) increases survival rates for children;
(4) increases the identity factors that may be associated
with reducing risk;
(5) enhances our understanding of the fundamental
mechanisms of cancer;
(6) increases survivorship research to reduce the long-term
adverse effects of cancer and its treatment; and
(7) increases the ability to identify the likely causes of
pediatric cancer.
(d) Findings Relating to Public Financing of Presidential
Elections.--Congress finds that--
(1) the Presidential Election Campaign Fund has a surplus
of $392 million; and
(2) no major party candidate in the general Presidential
election has accepted public financing since 2008.
(e) Termination of Designation of Income Tax Payments.--Section
6096 of the Internal Revenue Code of 1986 is amended by adding at the
end the following new subsection:
``(d) Termination.--This section shall not apply to taxable years
beginning after December 31, 2022.''.
(f) Termination of Fund and Account.--
(1) Termination of presidential election campaign fund.--
(A) In general.--Chapter 95 of subtitle H of such
Code is amended by adding at the end the following new
section:
``SEC. 9014. TERMINATION.
``The provisions of this chapter shall not apply with respect to
any presidential election (or any presidential nominating convention)
after the date of the enactment of this section, or to any candidate in
such an election.''.
(B) Transfer of remaining funds.--Section 9006 of
such Code is amended by adding at the end the following
new subsection:
``(d) Transfer of Funds Remaining After Termination.--The Secretary
shall transfer the amounts in the fund as of the date of the enactment
of this subsection to the 10-Year Pediatric Research Initiative Fund
described in section 9008(c)(2), to be available as described in such
section and to remain so available until expended.''.
(2) Termination of account.--Chapter 96 of subtitle H of
such Code is amended by adding at the end the following new
section:
``SEC. 9043. TERMINATION.
``The provisions of this chapter shall not apply to any candidate
with respect to any presidential election after the date of the
enactment of this section.''.
(g) Payments for Presidential Nominating Conventions.--Section 9008
of the Internal Revenue Code of 1986 is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``under paragraph
(3)'';
(B) in paragraph (2), by striking ``under paragraph
(3)'';
(C) by striking paragraph (3); and
(D) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4);
(2) by striking subsections (c) through (h); and
(3) by redesignating subsection (i) as subsection (c).
(h) Clerical Amendments.--
(1) The table of sections for chapter 95 of subtitle H of
such Code is amended by adding at the end the following new
item:
``Sec. 9014. Termination.''.
(2) The table of sections for chapter 96 of subtitle H of
such Code is amended by adding at the end the following new
item:
``Sec. 9043. Termination.''.
(i) Sense of Congress Regarding NIH Research.--The Congress
encourages the Director of the National Institutes of Health to oversee
and coordinate research that is conducted or supported by the National
Institutes of Health for research on pediatric cancer and other
pediatric diseases and conditions, including through the 10-Year
Pediatric Research Initiative Fund.
(j) Avoiding Replicate.--Clause (ii) of section 402(b)(7)(B) of the
Public Health Service Act (42 U.S.C. 282(b)(7)(B)) is amended by
inserting ``and shall prioritize such pediatric research that does not
replicate existing research activities of the National Institutes of
Health'' before ``; and''.
Subtitle B--Prohibition on Use of Federal Funds for Congressional
Campaigns
SEC. 311. PROHIBITING USE OF FEDERAL FUNDS FOR PAYMENTS IN SUPPORT OF
CONGRESSIONAL CAMPAIGNS.
No Federal funds, including amounts attributable to the collection
of fines and penalties, may be used to make any payment in support of a
campaign for election for the office of Senator or Representative in,
or Delegate or Resident Commissioner to, the Congress.
Subtitle C--Registration and Reporting Requirements
SEC. 321. REPORTING REQUIREMENTS WITH RESPECT TO ELECTIONEERING
COMMUNICATIONS.
Section 304(a)(11)(A)(i) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30104(a)(11)(A)(i)) is amended by inserting ``or makes,
or has reason to expect to make, electioneering communications'' after
``expenditures''.
SEC. 322. INCREASED QUALIFYING THRESHOLD AND ESTABLISHING PURPOSE FOR
POLITICAL COMMITTEES.
(a) In General.--Section 301(4) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30101(4)) is amended to read as follows:
``(4) The term `political committee' means--
``(A) any committee, club, association, or other
group of persons, including any local committee of a
political party, which receives contributions
aggregating in excess of $25,000 during a calendar year
or which makes expenditures aggregating in excess of
$25,000 during a calendar year and which is under the
control of a candidate or has the major purpose of
nominating or electing a candidate; or
``(B) any separate segregated fund established
under the provisions of section 316(b).''.
(b) Definition.--Section 301 of such Act (52 U.S.C. 30101) is
amended by adding at the end the following new paragraph:
``(27) Major purpose of nominating or electing a
candidate.--The term `major purpose of nominating or electing a
candidate' means, with respect to a group of persons described
in paragraph (4)(A)--
``(A) a group whose central organizational purpose
is to expressly advocate for the nomination, election,
or defeat of a candidate; or
``(B) a group for which the majority of its
spending throughout its lifetime of existence has been
on contributions, expenditures, or independent
expenditures.''.
(c) Price Index Adjustment for Political Committee Threshold.--
Section 315(c) of such Act (52 U.S.C. 30116(c)), as amended by section
304(b), is amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(E) In any calendar year after 2022--
``(i) a threshold established by section 301(4)(A) or
301(4)(C) shall be increased by the percent difference
determined under subparagraph (A);
``(ii) each amount so increased shall remain in effect for
the calendar year; and
``(iii) if any amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''; and
(2) in paragraph (2)(B)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(iv) for purposes of sections 301(4)(A) and
301(4)(C), calendar year 2022.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 323. INCREASED THRESHOLD WITH RESPECT TO INDEPENDENT EXPENDITURE
REPORTING REQUIREMENT.
(a) In General.--Section 304(c)(1) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30104(c)(1)) is amended by striking ``$250'' and
inserting ``$1,000''.
(b) Price Index Adjustment for Independent Expenditure Reporting
Threshold.--Section 315(c) of the Federal Election Campaign Act of 1971
(52 U.S.C. 30116(c)), as amended by sections 304(b) and 322(b), is
amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(F) In any calendar year after 2022--
``(i) a threshold established by section 304(c)(1) shall be
increased by the percent difference determined under
subparagraph (A);
``(ii) each amount so increased shall remain in effect for
the calendar year; and
``(iii) if any amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''; and
(2) in paragraph (2)(B)--
(A) in clause (iii), by striking ``and'' at the
end;
(B) in clause (iv), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(v) for purposes of section 304(c)(1), calendar
year 2022.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 324. INCREASED QUALIFYING THRESHOLD WITH RESPECT TO CANDIDATES.
(a) Increase in Threshold.--Section 301(2) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101(2)) is amended by striking
``$5,000'' each place it appears and inserting ``$10,000''.
(b) Price Index Adjustment for Exemption of Certain Amounts as
Contributions.--Section 315(c) of such Act (52 U.S.C. 30116(c)), as
amended by sections 304(b), 322(b), and 323(b), is amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(G) In any calendar year after 2022--
``(i) a threshold established by sections 301(2) shall be
increased by the percent difference determined under
subparagraph (A);
``(ii) each amount so increased shall remain for the 2-year
period that begins on the first day following the date of the
general election in the year preceding the year in which the
amount is increased and ending on the date of the next general
election; and
``(iii) if any amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''; and
(2) in paragraph (2)(B)--
(A) in clause (iv), by striking ``and'' at the end;
(B) in clause (v), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(vi) for purposes of sections 301(2), calendar
year 2022.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 325. REPEAL REQUIREMENT OF PERSONS MAKING INDEPENDENT EXPENDITURES
TO REPORT IDENTIFICATION OF CERTAIN DONORS.
(a) Repeal.--Section 304(c)(2) of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30104(c)(2)) is amended--
(1) in subparagraph (A), by adding ``and'' at the end;
(2) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(3) by striking subparagraph (C).
(b) Conforming Amendment.--Section 304(c)(1) of such Act (52 U.S.C.
30104(c)(1)) is amended by striking ``the information required under
subsection (b)(3)(A) for all contributions received by such person''
and inserting ``the information required under paragraph (2)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to independent expenditures made on or after the
date of the enactment of this Act.
Subtitle D--Exclusion of Certain Amounts From Treatment as
Contributions or Expenditures
SEC. 331. INCREASED THRESHOLD FOR EXEMPTION OF CERTAIN AMOUNTS AS
CONTRIBUTIONS.
(a) Real or Personal Property Exemption.--Section 301(8)(B)(ii) of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(B)(ii))
is amended--
(1) by striking ``$1,000'' and inserting ``$2,000''; and
(2) by striking ``$2,000'' and inserting ``$4,000''.
(b) Travel Expenses Exemption.--Section 301(8)(B)(iv) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(B)(iv)) is
amended--
(1) by striking ``$1,000'' and inserting ``$2,000''; and
(2) by striking ``$2,000'' and inserting ``$4,000''.
(c) Price Index Adjustment for Exemption of Certain Amounts as
Contributions.--Section 315(c) of such Act (52 U.S.C. 30116(c)), as
amended by sections 304(b), 322(b), 323(b), and 324(b) is amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(H) In any calendar year after 2022--
``(i) the exemption amounts established by section
301(8)(B)(ii) or 301(8)(B)(iv) shall be increased by the
percent difference determined under subparagraph (A);
``(ii) each amount so increased shall remain for the 2-year
period that begins on the first day following the date of the
general election in the year preceding the year in which the
amount is increased and ending on the date of the next general
election; and
``(iii) if any amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''; and
(2) in paragraph (2)(B)--
(A) in clause (v), by striking ``and'' at the end;
(B) in clause (vi), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(vii) for purposes of section 301(8)(B)(ii) or
301(8)(B)(iv), calendar year 2022.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 332. EXEMPTION OF UNCOMPENSATED INTERNET COMMUNICATIONS FROM
TREATMENT AS CONTRIBUTION OR EXPENDITURE.
(a) Exemptions.--
(1) Exemption from treatment as contribution.--Section
301(8)(B) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30101(8)(B)) is amended--
(A) by striking ``and'' at the end of clause
(xiii);
(B) by striking the period at the end of clause
(xiv) and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(xv) any payment by any person in producing and
disseminating any information or communication on the Internet,
Internet platform or other Internet-enabled application, unless
the information or communication is disseminated for a fee on
another person's website, platform or other Internet-enabled
application, whether coordinated or not.''.
(2) Exemption from treatment as expenditure.--Section
301(9)(B) of such Act (52 U.S.C. 30101(9)(B)) is amended--
(A) by striking ``and'' at the end of clause (ix);
(B) by striking the period at the end of clause (x)
and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(xi) any cost incurred by any person in producing and
disseminating any information or communication on the Internet,
Internet platform or other Internet-enabled application, unless
the information or communication is disseminated for a fee on
another person's website, platform or other Internet-enabled
application.''.
(b) Application to Definition of Public Communications.--Section
301(22) of such Act (52 U.S.C. 30101(22)) is amended by adding at the
end the following: ``In the previous sentence, the terms `public
communication' and `general public political advertising' do not
include communications disseminated over the Internet or via an
Internet platform or other Internet-enabled application, unless the
communication or advertising is disseminated for a fee on another
person's website, platform or other internet-enabled application.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 333. MEDIA EXEMPTION.
(a) Expansion of Exemption to Additional Forms of Media.--Section
301(9)(B)(i) of the Federal Election Campaign Act of 1971 (52 U.S.C.
30101(9)(B)(i)) is amended to read as follows:
``(i) any news story, commentary, or editorial
distributed through the facilities of any broadcasting,
cable, satellite, or internet-based station,
programmer, operator or producer; newspaper, magazine,
or other periodical publisher; electronic publisher,
platform, or application; book publisher; or filmmaker
or film producer, distributor or exhibitor, unless such
facilities are owned or controlled by any political
party, political committee, or candidate;''.
(b) Application to Contributions.--Section 301(8)(B) of such Act
(52 U.S.C. 30101(8)(B)), as amended by section 332(a)(1), is amended--
(1) by redesignating clauses (i) through (xv) as clauses
(ii) through (xvi); and
(2) by inserting before clause (ii) (as so redesignated)
the following new clause:
``(i) any payment for any news story, commentary,
or editorial distributed through the facilities of any
broadcasting, cable, satellite, or internet-based
station, programmer, operator or producer; newspaper,
magazine, or other periodical publisher; electronic
publisher, platform, or application; book publisher; or
filmmaker or film producer, distributor or
exhibitor.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
Subtitle E--Prohibition on Issuance of Regulations on Political
Contributions
SEC. 341. PROHIBITION ON ISSUANCE OF REGULATIONS ON POLITICAL
CONTRIBUTIONS.
The Securities and Exchange Commission may not finalize, issue, or
implement any rule, regulation, or order regarding the disclosure of
political contributions, contributions to tax exempt organizations, or
dues paid to trade associations.
Subtitle F--Miscellaneous Provisions
SEC. 351. PERMANENT EXTENSION OF FINES FOR QUALIFIED DISCLOSURE
REQUIREMENT VIOLATIONS.
Section 309(a)(4)(C)(v) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30109(a)(4)(C)(v)) is amended by striking ``, and that
end on or before December 31, 2023''.
SEC. 352. POLITICAL COMMITTEE DISBURSEMENT REQUIREMENTS.
Section 302(h)(1) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30102(h)(1)) is amended by striking ``except by check drawn on
such accounts in accordance with this section'' and inserting ``except
from such accounts''.
SEC. 353. DESIGNATION OF INDIVIDUAL AUTHORIZED TO MAKE CAMPAIGN
COMMITTEE DISBURSEMENTS IN EVENT OF DEATH OF CANDIDATE.
(a) In General.--Section 302 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30102), as amended by section 307(b), is amended by
adding at the end the following new subsection:
``(k)(1) Each candidate may, with respect to each authorized
committee of the candidate, designate an individual who shall be
responsible for disbursing funds in the accounts of the committee in
the event of the death of the candidate, and may also designate another
individual to carry out the responsibilities of the designated
individual under this subsection in the event of the death or
incapacity of the designated individual or the unwillingness of the
designated individual to carry out the responsibilities.
``(2) In order to designate an individual under this subsection,
the candidate shall file with the Commission a signed written statement
(in a standardized form developed by the Commission) that contains the
name and address of the individual and the name of the authorized
committee for which the designation shall apply, and that may contain
the candidate's instructions regarding the disbursement of the funds
involved by the individual. At any time after filing the statement, the
candidate may revoke the designation of an individual by filing with
the Commission a signed written statement of revocation (in a
standardized form developed by the Commission).
``(3)(A) Upon the death of a candidate who has designated an
individual for purposes of paragraph (1), funds in the accounts of each
authorized committee of the candidate may be disbursed only under the
direction and in accordance with the instructions of such individual,
subject to the terms and conditions applicable to the disbursement of
such funds under this Act or any other applicable Federal or State law
(other than any provision of State law which authorizes any person
other than such individual to direct the disbursement of such funds).
``(B) Subparagraph (A) does not apply with respect to an authorized
committee if, at the time of the candidate's death, the authorized
committee has a treasurer or a designated agent of the treasurer as
described in section 302(a), unless the treasurer or designated agent
is incapacitated or cannot be reached by the authorized committee.
``(C) Nothing in this paragraph may be construed to grant any
authority to an individual who is designated pursuant to this
subsection other than the authority to direct the disbursement of funds
as provided in such paragraph, or may be construed to affect the
responsibility of the treasurer of an authorized committee for which
funds are disbursed in accordance with such paragraph to file reports
of the disbursements of such funds under section 304(a).''.
(b) Inclusion of Designation in Statement of Organization of
Committee.--Section 303(b) of such Act (52 U.S.C. 30103(b)) is
amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) in the case of an authorized committee of a candidate
who has designated an individual under section 302(k)
(including a second individual designated to carry out the
responsibilities of that individual under such section in the
event of that individual's death or incapacity or unwillingness
to carry out the responsibilities) to disburse funds from the
accounts of the committee in the event of the death of the
candidate, a copy of the statement filed by the candidate with
the Commission under such section (as well as a copy of any
subsequent statement of revocation filed by the candidate with
the Commission under such section).''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to authorized campaign committees which are
designated under section 302(e)(1) of the Federal Election Campaign Act
of 1971 before, on, or after the date of the enactment of this Act.
SEC. 354. PROHIBITION ON CONTRIBUTIONS IN NAME OF ANOTHER.
Section 320 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30122) is amended by adding at the end the following new sentence: ``No
person shall knowingly direct, help, or assist any person in making a
contribution in the name of another person.''.
SEC. 355. UNANIMOUS CONSENT OF COMMISSION MEMBERS REQUIRED FOR
COMMISSION TO REFUSE TO DEFEND ACTIONS BROUGHT AGAINST
COMMISSION.
(a) Unanimous Consent.--Section 307 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30107) is amended by adding at the end
the following new subsection:
``(f)(1) Except as provided in paragraph (2), the Commission shall
defend each action brought against the Commission under this Act or
chapter 95 and 96 of the Internal Revenue Code of 1986--
``(A) through the general counsel, as provided in
subsection (a)(6);
``(B) by appointing counsel as provided in section
306(f)(4); or
``(C) by referral to the Attorney General in the case of a
criminal action.
``(2) The Commission may refuse to defend an action brought against
the Commission pursuant to the unanimous vote of its Members.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to actions brought on or after the date of the
enactment of this Act.
SEC. 356. FEDERAL ELECTION COMMISSION MEMBER PAY.
Section 306(a)(4) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30106(a)(4)) is amended by striking ``equivalent to the
compensation paid at level IV of the Executive Schedule (5 U.S.C.
5315)'' and inserting ``at an annual rate of basic pay of $186,300, as
adjusted under section 5318 of title 5, United States Code, in the same
manner as the annual rate of pay for positions at each level of the
Executive Schedule''.
SEC. 357. UNIFORM STATUTE OF LIMITATIONS FOR PROCEEDINGS TO ENFORCE
FEDERAL ELECTION CAMPAIGN ACT OF 1971.
(a) 5-Year Limitation.--Section 406(a) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30145(a)) is amended--
(1) by striking ``(a)'' and inserting ``(a)(1)''; and
(2) by adding at the end the following new paragraph:
``(2) No person shall be subject to a civil penalty for any
violation of title III of this Act unless the proceeding is initiated
in accordance with section 309 not later than 5 years after the date on
which the violation occurred.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to violations occurring on or after the date of the
enactment of this Act.
SEC. 358. DEADLINE FOR PROMULGATION OF PROPOSED REGULATIONS.
Not later than 120 days after the date of the enactment of this
Act, the Federal Election Commission shall publish in the Federal
Register proposed regulations to carry out this title and the
amendments made by this title.
TITLE IV--ELECTION SECURITY
Subtitle A--Promoting Election Security
SEC. 401. SHORT TITLE.
This title may be cited as the ``Election Security Assistance
Act''.
SEC. 402. REPORTS TO CONGRESS ON FOREIGN THREATS TO ELECTIONS.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, and 30 days after the end of each fiscal year thereafter,
the Secretary of Homeland Security and the Director of National
Intelligence, in coordination with the heads of the appropriate Federal
entities, shall submit a joint report to the appropriate congressional
committees and the chief State election official of each State on
foreign threats to elections in the United States, including physical
and cybersecurity threats.
(b) Voluntary Participation by States.--The Secretary shall solicit
and consider voluntary comments from all State election agencies.
Participation by an election agency in the report under this section
shall be voluntary and at the discretion of the State.
(c) Appropriate Federal Entities.--In this section, the term
``appropriate Federal entities'' means--
(1) the Department of Commerce, including the National
Institute of Standards and Technology;
(2) the Department of Defense;
(3) the Department of Homeland Security, including the
component of the Department that reports to the Under Secretary
responsible for overseeing critical infrastructure protection,
cybersecurity, and other related programs of the Department;
(4) the Department of Justice, including the Federal Bureau
of Investigation;
(5) the Election Assistance Commission; and
(6) the Office of the Director of National Intelligence,
the National Security Agency, and such other elements of the
intelligence community (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003)) as the Director of
National Intelligence determines are appropriate.
(d) Other Definitions.--In this section--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Rules and Administration, the
Committee on Homeland Security and Governmental
Affairs, the Select Committee on Intelligence, and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on House Administration, the
Committee on Homeland Security, the Permanent Select
Committee on Intelligence, and the Committee on Foreign
Affairs of the House of Representatives;
(2) the term ``chief State election official'' means, with
respect to a State, the individual designated by the State
under section 10 of the National Voter Registration Act of 1993
(52 U.S.C. 20509) to be responsible for coordination of the
State's responsibilities under such Act;
(3) the term ``election agency'' means any component of a
State or any component of a unit of local government of a State
that is responsible for administering Federal elections;
(4) the term ``Secretary'' means the Secretary of Homeland
Security; and
(5) the term ``State'' has the meaning given such term in
section 901 of the Help America Vote Act of 2002 (52 U.S.C.
21141).
SEC. 403. RULE OF CONSTRUCTION.
Nothing in this title may be construed as authorizing the Secretary
of Homeland Security to carry out the administration of an election for
Federal office.
Subtitle B--Cybersecurity for Election Systems
SEC. 411. CYBERSECURITY ADVISORIES RELATING TO ELECTION SYSTEMS.
(a) Cybersecurity Advisories.--
(1) In general.--The Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security (in this subtitle referred to as the ``Director'')
shall collaborate with the Election Assistance Commission (in
this subtitle referred to as the ``Commission'') to determine
if an advisory relating to the cybersecurity of election
systems used in the administration of elections for Federal
office or the cybersecurity of elections for Federal office
generally is necessary. If such a determination is made in the
affirmative, the Director shall collaborate with the Commission
in the preparation of such an advisory.
(2) Prohibition.--The Director may not issue an advisory
described in paragraph (1) unless the Commission has provided
input relating thereto.
(b) Notification.--If the Director issues an advisory described in
subsection (a), the Director, in collaboration with the Commission,
shall provide to appropriate State election officials and vendors of
covered voting systems notification relating thereto.
SEC. 412. PROCESS TO TEST FOR AND MONITOR CYBERSECURITY VULNERABILITIES
IN ELECTION EQUIPMENT.
(a) Process for Covered Voting Systems.--
(1) In general.--The Director and the Commission (in
consultation with the Technical Guidelines Development
Committee and the Standards Board of the Commission), shall
jointly establish a voluntary process to test for and monitor
covered voting systems for cybersecurity vulnerabilities. Such
process shall include the following:
(A) Mitigation strategies and other remedies.
(B) Notice to the Commission and appropriate
entities of the results of testing conducted pursuant
to such process.
(2) Implementation.--The Director shall implement the
process established under paragraph (1) at the request of the
Commission.
(b) Labeling for Voting Systems.--The Commission (in consultation
with the Technical Guidelines Development Committee and the Standards
Board of the Commission), shall establish a process to provide for the
deployment of appropriate labeling available through the website of the
Commission to indicate that covered voting systems passed the most
recent cybersecurity testing pursuant to the process established under
subsection (a).
(c) Rules of Construction.--The process established under
subsection (a), including the results of any testing carried out
pursuant to this section, shall not affect--
(1) the certification status of equipment used in the
administration of an election for Federal office under the Help
America Vote Act of 2002; or
(2) the authority of the Commission to so certify such
equipment under such Act.
(d) Definition.--In this section, the term ``covered voting
systems'' means equipment used in the administration of an election for
Federal office that is certified in accordance with versions of
Voluntary Voting System Guidelines under the Help America Vote Act of
2002 under which such equipment is not required to be tested for
cybersecurity vulnerabilities.
SEC. 413. DUTY OF SECRETARY OF HOMELAND SECURITY TO NOTIFY STATE AND
LOCAL OFFICIALS OF ELECTION CYBERSECURITY INCIDENTS.
(a) Duty To Share Information With Department of Homeland
Security.--If a Federal entity receives information about an election
cybersecurity incident, the Federal entity shall promptly share that
information with the Department of Homeland Security, unless the head
of the entity (or a Senate-confirmed official designated by the head)
makes a specific determination in writing that there is good cause to
withhold the particular information.
(b) Response to Receipt of Information by Secretary of Homeland
Security.--
(1) In general.--Upon receiving information about an
election cybersecurity incident under subsection (a), the
Secretary of Homeland Security, in consultation with the
Attorney General, the Director of the Federal Bureau of
Investigation, and the Director of National Intelligence, shall
promptly (but in no case later than 96 hours after receiving
the information) review the information and make a
determination whether each of the following apply:
(A) There is credible evidence that the incident
occurred.
(B) There is a basis to believe that the incident
resulted, could have resulted, or could result in voter
information systems or voter tabulation systems being
altered or otherwise affected.
(2) Duty to notify state and local officials.--
(A) Duty described.--If the Secretary makes a
determination under paragraph (1) that subparagraphs
(A) and (B) of such paragraph apply with respect to an
election cybersecurity incident, not later than 96
hours after making the determination, the Secretary
shall provide a notification of the incident to each of
the following:
(i) The chief executive of the State
involved.
(ii) The State election official of the
State involved.
(iii) The local election official of the
election agency involved.
(B) Treatment of classified information.--
(i) Efforts to avoid inclusion of
classified information.--In preparing a
notification provided under this paragraph to
an individual described in clause (i), (ii), or
(iii) of subparagraph (A), the Secretary shall
attempt to avoid the inclusion of classified
information.
(ii) Providing guidance to state and local
officials.--To the extent that a notification
provided under this paragraph to an individual
described in clause (i), (ii), or (iii) of
subparagraph (A) includes classified
information, the Secretary (in consultation
with the Attorney General and the Director of
National Intelligence) shall indicate in the
notification which information is classified.
(3) Exception.--
(A) In general.--If the Secretary, in consultation
with the Attorney General and the Director of National
Intelligence, makes a determination that it is not
possible to provide a notification under paragraph (1)
with respect to an election cybersecurity incident
without compromising intelligence methods or sources or
interfering with an ongoing investigation, the
Secretary shall not provide the notification under such
paragraph.
(B) Ongoing review.--Not later than 30 days after
making a determination under subparagraph (A) and every
30 days thereafter, the Secretary shall review the
determination. If, after reviewing the determination,
the Secretary makes a revised determination that it is
possible to provide a notification under paragraph (2)
without compromising intelligence methods or sources or
interfering with an ongoing investigation, the
Secretary shall provide the notification under
paragraph (2) not later than 96 hours after making such
revised determination.
(4) Coordination with election assistance commission.--The
Secretary shall make determinations and provide notifications
under this subsection in the same manner, and subject to the
same terms and conditions relating to the role of the Election
Assistance Commission, in which the Director of the
Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security makes determinations as to the
necessity of an advisory and the issuance of an advisory under
section 411(a) and the provision of notification under section
411(b).
(c) Definitions.--In this section, the following definitions apply:
(1) Election agency.--The term ``election agency'' means
any component of a State, or any component of a unit of local
government in a State, which is responsible for the
administration of elections for Federal office in the State.
(2) Election cybersecurity incident.--The term ``election
cybersecurity incident'' means an occurrence that actually or
imminently jeopardizes, without lawful authority, the
integrity, confidentiality, or availability of information on
an information system of election infrastructure (including a
vote tabulation system), or actually or imminently jeopardizes,
without lawful authority, such an information system of
election infrastructure.
(3) Federal election.--The term ``Federal election'' means
any election (as defined in section 301(1) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101(1))) for Federal
office (as defined in section 301(3) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101(3))).
(4) Federal entity.--The term ``Federal entity'' means any
agency (as defined in section 551 of title 5, United States
Code).
(5) Local election official.--The term ``local election
official'' means the chief election official of a component of
a unit of local government of a State that is responsible for
administering Federal elections.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(7) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the Commonwealth of Northern
Mariana Islands, and the United States Virgin Islands.
(8) State election official.--The term ``State election
official'' means--
(A) the chief State election official of a State
designated under section 10 of the National Voter
Registration Act of 1993 (52 U.S.C. 20509); or
(B) in the case of Puerto Rico, Guam, American
Samoa, the Northern Mariana Islands, and the United
States Virgin Islands, a chief State election official
designated by the State for purposes of this Act.
(d) Effective Date.--This section shall apply with respect to
information about an election cybersecurity incident which is received
on or after the date of the enactment of this Act.
TITLE V--SENSE OF CONGRESS WITH RESPECT TO ROLE OF STATES IN
CONGRESSIONAL REDISTRICTING
SEC. 501. SENSE OF CONGRESS WITH RESPECT TO ROLE OF STATES IN
CONGRESSIONAL REDISTRICTING.
It is the sense of Congress that, while Congress is authorized
under the Constitution of the United States to ensure that
congressional redistricting is carried out in a manner consistent with
the Constitution, only a State has the authority to establish maps of
the congressional districts of the State and to determine the
procedures and criteria used to establish such maps.
TITLE VI--DISINFORMATION GOVERNANCE BOARD
SEC. 601. TERMINATION OF THE DISINFORMATION GOVERNANCE BOARD.
The Disinformation Governance Board of the Department of Homeland
Security is hereby terminated.
SEC. 602. PROHIBITION ON FUNDING THE ACTIVITIES OF THE DISINFORMATION
GOVERNANCE BOARD.
No Federal funds authorized to be appropriated or otherwise made
available may be used to establish or carry out the activities of any
other entity that is substantially similar to the Disinformation
Governance Board terminated by section 701.
TITLE VII--SEVERABILITY
SEC. 701. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of any such provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this
Act, and the application of such provision or amendment to any other
person or circumstance, shall not be affected by the holding.
<all>
Introduced in House
Introduced in House
Referred to the Committee on House Administration, and in addition to the Committees on the Judiciary, Oversight and Reform, Ways and Means, Science, Space, and Technology, Financial Services, Intelligence (Permanent Select), Energy and Commerce, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on House Administration, and in addition to the Committees on the Judiciary, Oversight and Reform, Ways and Means, Science, Space, and Technology, Financial Services, Intelligence (Permanent Select), Energy and Commerce, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on House Administration, and in addition to the Committees on the Judiciary, Oversight and Reform, Ways and Means, Science, Space, and Technology, Financial Services, Intelligence (Permanent Select), Energy and Commerce, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on House Administration, and in addition to the Committees on the Judiciary, Oversight and Reform, Ways and Means, Science, Space, and Technology, Financial Services, Intelligence (Permanent Select), Energy and Commerce, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Committee on House Administration, and in addition to the Committees on the Judiciary, Oversight and Reform, Ways and Means, Science, Space, and Technology, Financial Services, Intelligence (Permanent Select), Energy and Commerce, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on House Administration, and in addition to the Committees on the Judiciary, Oversight and Reform, Ways and Means, Science, Space, and Technology, Financial Services, Intelligence (Permanent Select), Energy and Commerce, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on House Administration, and in addition to the Committees on the Judiciary, Oversight and Reform, Ways and Means, Science, Space, and Technology, Financial Services, Intelligence (Permanent Select), Energy and Commerce, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on House Administration, and in addition to the Committees on the Judiciary, Oversight and Reform, Ways and Means, Science, Space, and Technology, Financial Services, Intelligence (Permanent Select), Energy and Commerce, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on House Administration, and in addition to the Committees on the Judiciary, Oversight and Reform, Ways and Means, Science, Space, and Technology, Financial Services, Intelligence (Permanent Select), Energy and Commerce, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Cybersecurity, Infrastructure Protection, and Innovation.
Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.